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JURISDICTION

Authority conferred upon the court or tribunal by the state to hear and decide a case involving controversies or
conflicting rights of the parties and to carry its judgment into effect.
Thus 2 things, if you have a power to resolve you have to enforce it.
- Authority of the court to hear a controversy and the power to carry the judgment into effect or to execute it.
- conferred upon the court granted by consti and laws to hear and decide and carry it into judgment
- the grant to a tribunal or agency and authority to hear a case normally includes the grant of authority to
enforce and execute a judgment unless otherwise provided by law
- when you have a power adjudicate you should also have the power to enforce it.
constitutional definition:
Judicial power includes the duty of the courts of justice to :
1. settle actual controversies involving rights which are legally demandable and enforceable,
and
- thus, if there is no actual controversy it is not yet RIPED
2. POWER OF JUDICIAL REVIEW :
to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government. (Marbury vs. Madison).
A right even violated is not enforceable which is called Damnun absque injuria : destroyed your house for the
betterment of other.- the right is not enforceable or demandable
As to object
1. Jurisdiction over Subject matter power to hear and determine cases to the general class in which
the proceeding in question belongs as determined by law or sovereign authority which recognize the
court.
Eg. Violation of DDA, traffic rules
- a Particular court can only have jurisdiction if it is conferred by the sovereign power.
- the sovereignty is the supreme political superior w/c can never be wrong
Issue on Jurisdiction can be raised at any stage of the proceeding even 1 st time on Appeal and even when there is
already a final judgment because you have no authority from the sovereign when you do not have jurisdiction.
2. Jurisdiction over Person/parties- power of the court obtained by service of summons in civil
cases or warrant of arrest in criminal cases or other casesor voluntary appearance of person by the
party submitting himself to the jurisdiction of the court to render judgment against him.
Court must have jurisdiction over the subject matter and over the person or parties in civil cases
Judgment is void if court has no jurisdiction either over the subject matter and Person or parties.
in criminal cases in addition to have a valid jurisdiction it includes VENUE
3. Jurisdiction over Res/thing in civil cases when the action is in rem. Power of the court over the
thing before it without regard to persons interested therein. The thing which is the subject matter of the
case.
LTD Land Registration Case: Asking the court to confirm his title and to put it under Torrens title. The court has
jurisdiction over the property or res itself it does not mind that others are interested therein thus it publishes.
So that others will raise their objection otherwise they will keep forever their peace. Upon publication it will

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have jurisdiction over the res. You are notifying the world to the property which is the subject matter of
registration. Publication in OG and Newspaper of gen circulation.

I. JURISDICTION

MUNICIPAL TRIAL COURTS

Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in
criminal cases. Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall
exercise:

(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their
respective territorial jurisdiction; and

(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil
liability arising from such offenses or predicated thereon, irrespective of kind, nature, value, or amount thereof:
Provided, however, That in offenses involving damage to property through criminal negligence they shall have
exclusive original jurisdiction thereof. (as amended by R.A, No. 7691)

Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in
civil cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the
grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the
demand does not exceed Three hundred thousand pesos (P300,000.00) or, in Metro Manila where such personal
property, estate, or amount of the demand does not exceed Four hundred thousand pesos (P400,000.00) exclusive of
interest damages of whatever kind, attorneys fees, litigation expenses, and costs, the amount of which must be
specifically alleged: Provided, That where there are several claims or causes of action between the same or different
parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the
causes of action, irrespective of whether the causes of action arose out of the same or different transactions;

(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such
cases, the defendant raises the question of ownership in his pleadings and the question of possession cannot be
resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the
issue of possession.

(3) Exclusive original jurisdiction in all civil (real) actions which involve title to, or possession of, real property, or
any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand
pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand
pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses and costs:
Provided, That value of such property shall be determined by the assessed value of the adjacent lots. (as amended by
R.A. No. 7691)
Section 34. Delegated jurisdiction (by Supreme Court) in cadastral and land registration cases. Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear
and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or
contested lots the where the value of which does not exceed One hundred thousand pesos (P100,000.00), such
value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more
than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be
appealable in the same manner as decisions of the Regional Trial Courts. (as is decided by the RTC itself)
(appealable to CA in questions of both fact and law or SC in questions of law)

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REGIONAL TRIAL COURTS

Section 19. Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive original jurisdiction:
(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;
CASES:

(2) In all civil actions (real actions) which involve the title to, or possession of, real property, or any interest therein,
where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions
in Metro Manila, where such the value exceeds Fifty thousand pesos (50,000.00) except actions for forcible entry
into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

(3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds Three hundred thousand
pesos (P300, 000.00) or, in Metro Manila, where such demand or claim exceeds Four hundred thousand pesos
(400,000.00);

(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds Three hundred
thousand pesos (P300, 000.00) or, in probate matters in Metro Manila, where such gross value exceeds Four hundred
thousand pesos (400,000.00);

(5) In all actions involving the contract of marriage and marital relations;

(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction or
any court, tribunal, person or body exercising judicial or quasi-judicial functions;

(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and
Domestic Relations Court and of the Courts of Agrarian Relations as now provided by law; and

(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorneys fees,
litigation expenses, and costs or the value of the property in controversy exceeds Three hundred thousand pesos
(300,000.00) or, in such other abovementioned items exceeds Four hundred thousand pesos (400,000.00).
- personal actions for the recovery of debts, personal property or damages

Section 20. Jurisdiction in criminal cases. Regional Trial Courts shall exercise exclusive original jurisdiction in all
criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of
by the latter.
-crimes punishable by 6 yrs 1 day above

Section 21. Original and Concurrent jurisdiction in other cases. Regional Trial Courts shall exercise original
jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which
may be enforced in any part of their respective regions; (concurrent with with CA & SC) and

(2) In actions affecting ambassadors and other public ministers and consuls. (concurrent with SC)

Section 22. Appellate jurisdiction. Regional Trial Courts shall exercise appellate jurisdiction over all cases decided
by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective
territorial jurisdictions. Such cases shall be decided on the basis of the entire record of the proceedings had in the
court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional
Trial Courts. The decision of the Regional Trial Courts in such cases shall be appealable by petition for review to the
Court of Appeals which may give it due course only when the petition shows prima facie that the lower court has
committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to
be reviewed.

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Section 23. Special jurisdiction to try special cases. The Supreme Court may designate certain branches of the
Regional Trial Courts to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases,
urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such
other special cases as the Supreme Court may determine in the interest of a speedy and efficient administration of
justice.
Section 24. Special Rules of Procedure. Whenever a Regional Trial Court takes cognizance of juvenile and domestic
relation cases and/or agrarian cases, the special rules of procedure applicable under present laws to such cases shall
continue to be applied, unless subsequently amended by law or by rules of court promulgated by the Supreme Court.

COURT OF APPEALS

Section 9. Jurisdiction. The Court of Appeals shall Exercise:


1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and
auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
- can hear cases even not within its appellate jurisdiction
2. Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgments, resolutions, orders or awards of Regional Trial
Courts and quasi-judicial agencies, instrumentalities, boards or commission, including the Securities and
Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil
Service Commission, Except those falling within the appellate jurisdiction of the Supreme Court in accordance with
the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions
of this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph of Section 17
of the Judiciary Act of 1948.
- Except: 1. Where appeal is lodged with other courts (ex. Sandiganbayans jurisdiction over
officials with salary grade 27 and higher)
2. decisions of CTA
3. cases decided by RTC where no appeal is allowed (ex. Labor cases)

The court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and
all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction,
including the power to grant and conduct new trials or Appeals must be continuous and must be completed within
three (3) months, unless extended by the Chief Justice.

COURT OF TAX APPEALS


R.A. 9282
Sec. 7. Jurisdiction. - The CTA shall exercise:
a. Exclusive appellate jurisdiction to review by appeal, as herein provided:
1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal
revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal
Revenue or other laws administered by the Bureau of Internal Revenue;
2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal
revenue taxes, fees or other charges, penalties in relations thereto, or other matters arising under the National
Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal
Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial;
3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by
them in the exercise of their original or appellate jurisdiction;
4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money
charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or
other matters arising under the Customs Law or other laws administered by the Bureau of Customs;
5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases
involving the assessment and taxation of real property originally decided by the provincial or city board of
assessment appeals;
6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions
of the Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and
Customs Code;

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7. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product, commodity or article, and
the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and
countervailing duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard
measures under Republic Act No. 8800, where either party may appeal the decision to impose or not to impose said
duties.
b. Jurisdiction over cases involving criminal offenses as herein provided:
1. Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue
Code or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of
Customs: Provided, however, That offenses or felonies mentioned in this paragraph where the principal amount o
taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos (P1,000,000.00) or where
there is no specified amount claimed shall be tried by the regular Courts and the jurisdiction of the CTA shall be
appellate. Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability for taxes and penalties shall at all times be
simultaneously instituted with, and jointly determined in the same proceeding by the CTA, 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 filling of
such civil action separately from the criminal action will be recognized.
2. Exclusive appellate jurisdiction in criminal offenses:
a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases originally
decided by them, in their respected territorial jurisdiction.
b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of
their appellate jurisdiction over tax cases originally decided by the Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts in their respective jurisdiction.
c. Jurisdiction over tax collection cases as herein provided:
1. Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes, fees,
charges and penalties: Provided, however, That collection cases where the principal amount of taxes and fees,
exclusive of charges and penalties, claimed is less than One million pesos (P1,000,000.00) shall be tried by the
proper Municipal Trial Court, Metropolitan Trial Court and Regional Trial Court.
2. Exclusive appellate jurisdiction in tax collection cases:
a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases
originally decided by them, in their respective territorial jurisdiction.
b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the Exercise of
their appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts, in their respective jurisdiction."

HOUSING AND LAND USE REGULATORY BOARD (HLURB)

P.D. 1344
Section 1. In the exercise of its functions to regulate the real estate trade and business and in addition to its powers
provided for in Presidential Decree No. 957, the National Housing Authority shall have exclusive jurisdiction to
hear and decide cases of the following nature:
(a) Unsound real estate business practices;
(b) Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer
against the project owner, developer, dealer, broker or salesman; and
(c) Cases involving specific performance of contractual and statutory obligations (Ex. provide roads,
sewers) filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker
or salesman. not the other way around

*instance where developer can file in HLURB: Compulsory counterclaim, to avoid multiplicity of suits

Section 2. The decision of the National Housing Authority shall become final and executory after the lapse of fifteen
(15) days from the date of its receipt. It is appealable only to the President of the Philippines and in the event the
appeal is filed and the decision is not reversed and/or amended within a period of thirty (30) days, the decision is
deemed affirmed. Proof of the appeal of the decision must be furnished the National Housing Authority.

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KATARUNGANG PAMBARANGAY
Katarungang Pambarangay

Section 399. Lupong Tagapamayapa. -

(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as the lupon,
composed of the punong barangay, as chairman and ten (10) to twenty (20) members. The lupon shall be
constituted every three (3) years in the manner provided herein.

(b) Any person actually residing or working, in the barangay, not otherwise expressly disqualified by law,
and possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity,
may be appointed a member of the lupon.

(c) A notice to constitute the lupon, which shall include the names of proposed members who have
expressed their willingness to serve, shall be prepared by the punong barangay within the first fifteen (15)
days from the start of his term of office. Such notice shall be posted in three (3) conspicuous places in the
barangay continuously for a period of not less than three (3) weeks;

(d) The punong barangay, taking into consideration any opposition to the proposed appointment or any
recommendations for appointment as may have been made within the period of posting, shall within ten
(10) days thereafter, appoint as members those whom he determines to be suitable therefor. Appointments
shall be in writing, signed by the punong barangay, and attested to by the barangay secretary.

(e) The list of appointed members shall be posted in three (3) conspicuous places in the barangay for the
entire duration of their term of office; and

(f) In barangays where majority of the inhabitants are members of indigenous cultural communities, local
systems of settling disputes through their councils of datus or elders shall be recognized without prejudice
to the applicable provisions of this Code.

Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an oath of office before
the punong barangay. He shall hold office until a new lupon is constituted on the third year following his
appointment unless sooner terminated by resignation, transfer of residence or place of work, or withdrawal of
appointment by the punong barangay with the concurrence of the majority of all the members of the lupon.

Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the punong barangay shall
immediately appoint a qualified person who shall hold office only for the unexpired portion of the term.

Section 402. Functions of the Lupon. - The lupon shall:

(a) Exercise administrative supervision over the conciliation panels provided herein;

(b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the
public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel
members to share with one another their observations and experiences in effecting speedy resolution of
disputes; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or
ordinance.

Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently serve as the secretary of the lupon.
He shall record the results of mediation proceedings before the punong barangay and shall submit a report thereon to

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the proper city or municipal courts. He shall also receive and keep the records of proceedings submitted to him by
the various conciliation panels.

Section 404. Pangkat ng Tagapagkasundo. -

(a) There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as
the pangkat ng tagapagkasundo, hereinafter referred to as the pangkat, consisting of three (3) members who
shall be chosen by the parties to the dispute from the list of members of the lupon.

Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by
the lupon chairman.

(b) The three (3) members constituting the pangkat shall elect from among themselves the chairman and the
secretary. The secretary shall prepare the minutes of the pangkat proceedings and submit a copy duly
attested to by the chairman to the lupon secretary and to the proper city or municipal court. He shall issue
and cause to be served notices to the parties concerned.

The lupon secretary shall issue certified true copies of any public record in his custody that is not by law
otherwise declared confidential.

Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen by the parties to the dispute
from among the other lupon members. Should the parties fail to agree on a common choice, the vacancy shall be
filled by lot to be drawn by the lupon chairman.

Section 406. Character of Office and Service of Lupon Members. -

(a) The lupon members, while in the performance of their official duties or on the occasion thereof, shall be
deemed as persons in authority, as defined in the Revised Penal Code.

(b) The lupon or pangkat members shall serve without compensation, except as provided for in Section 393
and without prejudice to incentives as provided for in this Section and in Book IV of this Code. The
Department of the Interior and Local Government shall provide for a system of granting economic or other
incentives to the lupon or pangkat members who adequately demonstrate the ability to judiciously and
expeditiously resolve cases referred to them. While in the performance of their duties, the lupon or pangkat
members, whether in public or private employment, shall be deemed to be on official time, and shall not
suffer from any diminution in compensation or allowance from said employment by reason thereof.

Section 407. Legal Advice on Matters Involving Questions of Law. - The provincial, city legal officer or prosecutor
or the municipal legal officer shall render legal advice on matters involving questions of law to the punong barangay
or any lupon or pangkat member whenever necessary in the exercise of his functions in the administration of the
katarungang pambarangay.

Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon of each barangay shall have
authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all
disputes except:

(a) Where one party is the government, or any subdivision or instrumentality thereof;

(b) Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions;

(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos
(P5,000.00);

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(d) Offenses where there is no private offended party;

(e) Where the dispute involves real properties located in different cities or municipalities unless the parties
thereto agree to submit their differences to amicable settlement by an appropriate lupon;

(f) Disputes involving parties who actually reside in barangays of different cities or municipalities, except
where such barangay units adjoin each other and the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;

(g) Such other classes of disputes which the President may determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.

The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed
may, at any time before trial motu propio refer the case to the lupon concerned for amicable settlement.

Section 409. Venue. -

(a) Disputes between persons actually residing in the same barangay shall be brought for amicable
settlement before the lupon of said barangay.

(b) Those involving actual residents of different barangays within the same city or municipality shall be
brought in the barangay where the respondent or any of the respondents actually resides, at the election of
the complaint.

(c) All disputes involving real property or any interest therein shall be brought in the barangay where the
real property or the larger portion thereof is situated.

(d) Those arising at the workplace where the contending parties are employed or at the institution where
such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is
located.

Objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise,
the same shall be deemed waived. Any legal question which may confront the punong barangay in
resolving objections to venue herein referred to may be submitted to the Secretary of Justice, or his duly
designated representative, whose ruling thereon shall be binding.

Section 410. Procedure for Amicable Settlement. -

(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who has a
cause of action against another individual involving any matter within the authority of the lupon may
complain, orally or in writing, to the lupon chairman of the barangay.

(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the next
working day summon the respondent(s), with notice to the complainant(s) for them and their witnesses to
appear before him for a mediation of their conflicting interests. If he fails in his mediation effort within
fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the
constitution of the pangkat in accordance with the provisions of this Chapter.

(c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or
arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted
upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by
the complainant of the complainant or the certificate of repudiation or of the certification to file action

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issued by the lupon or pangkat secretary: Provided, however, That such interruption shall not exceed sixty
(60) days from the filing of the complaint with the punong barangay.

(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than
three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and
their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the
pangkat may issue summons for the personal appearance of parties and witnesses before it. In the event that
a party moves to disqualify any member of the pangkat by reason of relationship, bias, interest, or any other
similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the
affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be
decided upon, the resulting vacancy shall be filled as herein provided for.

(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute
within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the
discretion of the pangkat, be extendible for another period which shall not exceed fifteen (15) days, except
in clearly meritorious cases.

Section 411. Form of settlement. - All amicable settlements shall be in writing, in a language or dialect known to the
parties, signed by them, and attested to by the lupon chairman or the pangkat chairman, as the case may be. When
the parties to the dispute do not use the same language or dialect, the settlement shall be written in the language
known to them.

Section 412. Conciliation. -

(a) Pre-condition to Filing of Complaint in Court. - No 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 adjudication, unless there has been a confrontation between the parties before the
lupon chairman or the pangkat, and that no conciliation or settlement has been reached as certified by the
lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.

(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the following
instances:

(1) Where the accused is under detention;

(2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings;

(3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support pendente lite; and

(4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The customs and traditions of
indigenous cultural communities shall be applied in settling disputes between members of the cultural
communities.

Section 413. Arbitration. -

(a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by the arbitration
award of the lupon chairman or the pangkat. Such agreement to arbitrate may be repudiated within five (5)
days from the date thereof for the same grounds and in accordance with the procedure hereinafter

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prescribed. The arbitration award shall be made after the lapse of the period for repudiation and within ten
(10) days thereafter.

(b) The arbitration award shall be in writing in a language or dialect known to the parties. When the parties
to the dispute do not use the same language or dialect, the award shall be written in the language or dialect
known to them.

Section 414. Proceedings Open to the Public; Exception. - All proceedings for settlement shall be public and
informal: Provided, however, That the lupon chairman or the pangkat chairman, as the case may be, may motu
proprio or upon request of a party, exclude the public from the proceedings in the interest of privacy, decency, or
public morals.

Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the parties must
appear in person without the assistance of counsel or representative, except for minors and incompetents who may
be assisted by their next-of-kin who are not lawyers.

Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable settlement and arbitration award
shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date
thereof, unless repudiation of the settlement has been made or a petition to nullify the award has been filed before
the proper city or municipal court.

However, this provision shall not apply to court cases settled by the lupon under the last paragraph of Section 408 of
this Code, in which case the compromise or the pangkat chairman shall be submitted to the court and upon approval
thereof, have the force and effect of a judgment of said court.

Section 417. Execution. - The amicable settlement or arbitration award may be enforced by execution by the lupon
within six (6) months from the date of the settlement. After the lapse of such time, the settlement may be enforced
by action in the appropriate city or municipal court.

Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a statement to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be sufficient basis for the issuance of
the certification for filing a complaint as hereinabove provided.

Section 419. Transmittal of Settlement and Arbitration. - Award to the Court. - The secretary of the lupon shall
transmit the settlement or the arbitration award to the appropriate city or municipal court within five (5) days from
the date of the award or from the lapse of the ten-day period repudiating the settlement and shall furnish copies
thereof to each of the parties to the settlement and the lupon chairman.

Kurt Maniquis Page 10


FAMILY COURTS

R.A. 8369

Sec. 5. Jurisdiction of family Courts. - The Family Courts shall have exclusive original jurisdiction to hear and
decide the following cases:

a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9)
years of age but not less than nine (9) years of age or where one or more of the victims is a minor at the time of the
commission of the offense: Provided, That if the minor is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have incurred.

The sentence, however, shall be suspended without need of application pursuant to Presidential Decree No. 603,
otherwise known as the "Child and Youth Welfare Code";

b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;

c) Petitions for adoption of children and the revocation thereof;

- even adults

-spurious child cannot be adopted

- child must be legally available for adoption: if the child is free from parental authority (voluntary) or involuntary

d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and
property relations of husband and wife or those living together under different status and agreements, and petitions
for dissolution of conjugal partnership of gains;

-RTC Jurisdiction: (5) contract of marriage & marital relations

e) Petitions for support and/or acknowledgment;

- for illegitimate children

f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the
"Family Code of the Philippines";

g) Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions for
voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority
and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other
related laws;

h) Petitions for the constitution of the family home;

i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;

j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act," as amended by Republic Act No. 7658;

k) Cases of domestic violence against:

Kurt Maniquis Page 11


1) Women - which are acts of gender based violence that results, or are likely to result in physical, sexual or
psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and
coercion which violate a woman's personhood, integrity and freedom movement; and

2) Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to their development.

If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the
corresponding penalties.

If any question 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.

If the above mentioned cases are incident to a pending action, RTC has jurisdiction

SANDIGANBAYAN

What are the criminal cases where the Sandiganbayan has authority to try cases?
Main classification:
1. RA 3019 Anti-graft and Corrupt Practices Act
Public officer
2. Republic Act No. 1379 (forfeiture of ill gotten wealth)- quasi-criminal in nature
Public officer
3. Chapter II, Section 2, Title VII, Book II of the Revised Penal Code (bribery, indirect bribery
and corruptions of public officers).
Public officer
4th category: other than the above special laws.
1 to 3, private individuals can also be included for conspiracy
4. Other offenses or felonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subsection a of this section in relation to their office.
5. Plunder Cases
6. Civil Cases in relation to the case filed
7. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14
and 14-A, issued in 1986.
In the 1st 4 cases. SB has original jurisdiction for salary grade of 27 or higher, appellate if they are lower than that or
lower than salary grade 27 from MTC or RTC. If it exceeds 6 yrs it is with RTC.
If it is with MTC and it rendered judgment, where shld the judgment be appealed? RTC not with SB
Decision of RTC is appealable to the SB
thus, we can say that SB has NO appellate jurisdiction over the decision of MTC.

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SUPREME COURT

Section 5. The Supreme Court shall have the following powers:


1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (concurrent with
RTC)

2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:

a. All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in
question.
b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
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.

3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary
assignment shall not exceed six months without the consent of the judge concerned.

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JURISDICTION CASES
Incapable of pecuniary estimation

1. Action for support are you entitled for support?


2. foreclosure of mortgage a.) irrespective of amount of unpaid load and value of mortgaged property
b.) right to foreclose
3. annulment of judgment
4. validity of mortgage
5. annulment of conract
6. rescission
6. partition

REPLEVIN value of chattel sought to be replevin not amount of loan


- first step before foreclosure in chattel mortgage only
- there is an alternative prayer to pay the loan

*what is capable of pecuniary estimation is the subject matter of the cause of action not the cause of action

1. Ortigas v. Herrera
An action for specific performance is incapable of pecuniary estimation.
- payment not conditioned upon a certain fact capable of pecuniary
- has the other party complied with his obligation?
- money claimed becomes merely incidental
- TEST: what is the issue in question

2. Copioso v. Copioso
Where issue of ownership and possession of land is joined with the issues of annulment of sale and
reconveyance which are incapable of pecuniary estimation, jurisdiction is with the RTC.
- Joinder of causes of action right to be recognized as heir, annulment and partition

3. Russell v. Vestil
Action to annul a document is incapable of pecuniary estimation.
- Annulment and partition, primordial issue is to declare them as legal heirs or right as an heir

4. RCPI v. CA
A complaint for breach of contract of lease is incapable of pecuniary estimation.
- Not mere sum of money but for specific performance main cause of action is to enforce contract,
premature & unilateral termination of lease

5. Raymundo v. CA
An action to compel the removal of unauthorized installation of glasses is incapable of pecuniary estimation.

Nature of action of partition

6. Roque v. IAC
There are 2 principal issues in an action for partition: (1) whether the plaintiff is a co-owner and (2) how the
property is to be divided.
7. Vda de Daffon v. CA
There are 2 phases in an action for partition: (1) whether co-ownership exists and (2) a decision confirming the
subdivision.

Kurt Maniquis Page 14


Real action involves title, possession, ownership, interest in real property

8. Ouano v. PGTT 384 S 589


Jurisdiction is based on assessed value in an action for recovery of ownership and possession of real property
with damages; Section 19(8) applies to other cases; Section 19(8) and 33(1) excludes damages in determining
jurisdiction when they are merely incidental.

ADDITIONAL CASES:

a. Heirs of Sebe vs Heirs of Sevilla annulment and reconveyance, main issue was who is the lawful owner

b. BF Cityland vs Utake MTC has jurisdiction, value of property is P48,000 excluding damages

c. Sps. Huguete vs Sps. Embudo main cause of action is to secure title, annulment is secondary

Jurisdiction in the award of damages

9. Agustin v. Bacalan
The appellate court may only award a counterclaim within the jurisdiction of the court of origin
- RTC had no jurisdiction to grant damages
- The excess deemed waived

10. Maceda v. CA
The counterclaim must be within the jurisdiction of the court.
- If counterclaim exceeds courts jurisdiction, its purpose is only to weaken plaintiffs claim
- MTC had no jurisdiction therefore RTC has no jurisdiction to grant counterclaim in excess of the court of
origins jurisdiction

11. Vital-Gozon v. CA
The CA has jurisdiction, in a special civil action of mandamus, to take cognizance of the matter of damages
sought to be recovered from the defendant.

What constitutes demand


12. Soliven v. Fastforms, G.R. No. 139031, October 18, 2004.
Damages are excluded in determining jurisdiction when they are merely incidental to the action
- Only actual damages included
13. Iniego v. Purganan 485 S 394
Actions for damages based on quasi-delict are actions that are capable of pecuniary estimation. The claim for
all kinds of damages, whether arising from the same or different causes of action, is the basis of determining the
jurisdiction of courts.
- all this damages are the result of a tortuous act
14. Mendoza v. Soriano 524 S 260
Same with Iniego
- Quasi-delicts are actions for a sum of money that are capable of pecuniary estimation
15. Sante v. Claraval 613 S 333
The totality rule applies to a complaint for damages based on oral defamation where there are no actual
damages.

Jurisdiction by estoppel
16. Tijam v. Sibonghanoy
A party is barred by laches from raising the question of jurisdiction 15 years after the judgment was rendered.
- The exception not the general rule

Kurt Maniquis Page 15


17. Calimlim v. Ramirez
The general rule is that lack of jurisdiction of a court may be raised at any stage of the proceedings. The ruling
in Tijam is the exception, thus, it was not applied.

Soliven v. Fastforms, supra No. 12


Jurisdiction cannot be assailed for the first time in a motion for reconsideration on the ground of estoppel.

18. Metromedia v. Pastorin


The operation of the principle of estoppel on the question of jurisdiction depends upon whether the lower court
actually had jurisdiction or not.

19. Figueroa v. People


Applying the general rule, the accused is in no way estopped by laches in assailing the jurisdiction of the RTC,
considering that he raised the lack thereof in his appeal before the appellate court.

NLRC TEST OF JURISDICTION: whether or not there is an Er-Ee relationship; claims arising therein
20. Pepsi v. Gal-lang 201 S 695
The labor arbiter has no jurisdiction over a complaint for damages for malicious prosecution.

21. Pepsi v. Martinez 112 S 579


The labor arbiter has jurisdiction over money claims arising out of employer-employee relationship.

22. Primero v. IAC 156 S 435


The labor arbiter has jurisdiction over damages the employee may suffer because of an illegal dismissal.

23. Abejaron v. CA 208 S 899


Same with Gal-lang

Land registration cases


24. Association of Baptists v. First Baptist 152 S 393 under specpro discussed in passing

25. Averia v. Caguioa 146 S 459: under specpro discussed in passing

HLURB
26. Pilar Devt v. Villar, 505 SCRA 617
Regular courts have jurisdiction over unlawful detainer case filed by subdivision owner.

27. Cadimas v. Carrion 567 SCRA 101


Regular courts have jurisdiction over a complaint filed by an ordinary seller of property.

KATARUNGANG PAMBARANGAY
28. Morata v. Go 125 S 444
Conciliation required in cases cognizable by MTC and RTC.

29. Vda De Borromeo v. Pogoy 126 S 217


Katarung pambarangay applies only to individuals.

30. Gegare v. CA 177 S 471


Where there are several respondents and the government is only one of them, confrontation should still be
undertaken.

31. Agbayani v. Belen 145 SCRA 635


Properties located in the same barangay but parties are from different cities.

Kurt Maniquis Page 16


32. Galuba v. Laureta 157 S 627
There is no judicial recourse for failure to repudiate an amicable settlement.

Appearance in person
33. Ledesma v. CA 211 S 753
Barangay conciliation requires personal confrontation.

34. Ramos v. CA 174 S 690


Effect of failure to appear by the complainant

35. San Miguel v. Pundogar 173 S 704


Effect of failure to appear by the defendant

When to raise nonreferral during mediation, failure is waiver


36. Royales v. IAC 127 S 471
Raising the defense of lack of conciliation on appeal constitutes waiver.

37. Fernandez v. Militante 161 S 695


Raising of the issue of lack of conciliation after the filing of answer constitutes waiver.

38. Abalos v. CA 196 S 576


Where the address in the complaint was changed without objection by the adverse party, the new address will
be considered in determining the need for barangay conciliation.

Application to labor cases


39. Montoya v. Escayo 171 S 443
Amicable settlements before the lupon do not apply in labor cases.

Definition of the term residence


40. Bejer v. CA 169 SCRA 566
Residence means actual residence and membership in the barangay.

Execution
41. Vidal v. Escueta December 10, 2003
The reckoning period of the 6 months within which execution of the amicable settlement is allowed before the
punong barangay is the date when the obligation in the settlement is due and demandable.

Kurt Maniquis Page 17


RULE 1
GENERAL PROVISONS

Section 1. Title of the Rules.


These Rules shall be known and cited as the Rules of Court.

Sec. 2. In what courts applicable.


These Rules shall apply in all the courts, except as otherwise provided by the Supreme Court.

Sec. 3. Cases governed.


These Rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings.

(a) A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention
or redress of a wrong.
A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to
the specific rules prescribed for a special civil action.

(b) A criminal action is one by which the State prosecutes a person for an act or omission punishable by law.

(c) A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.

Sec. 4. In what cases not applicable. (special proceedings)


These Rules shall not apply to election cases, land registration, cadastral, naturalization and insolvency
proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever
practicable and convenient.

Sec. 5. Commencement of action.


A civil action is commenced by the filing of the original complaint in court (and pay docket fees). If an additional
defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of
such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court.

Sec. 6. Construction.
These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and
inexpensive disposition of every action and proceeding.

RULE 1 CASES
When should you pay docket fees in criminal cases immediately: if damages is demanded and specified
Damages in criminal cases: if actual = free unless B.P. 22
- Docket fees in criminal cases are relevant only when civil case is deemed instituted in criminal case
Damages in civil cases: all damages have docket fees
1. Cabrera vs Tejano
Civil action is instituted upon filing of the complaint and payment of docket fee; stops prescriptive period

Docket Fees

Mijares vs Ranada execution of judgment of foreign court


- incapable of pecuniary estimation
2. Manchester vs CA
Where an action involves damages, docket fees shall be assessed considering such damages which must be
stated in the body and prayer of the pleading.

3. Sun Insurance vs Asuncion


Same with Manchester but the court became liberal because of the showed willingness of the plaintiff to pay the
docket fees.

Kurt Maniquis Page 18


1. It is not simply the filing of the complaint or appropriate initiatory pleading, but the payment of the prescribed
docket fee that vests a trial court with jurisdiction over the subject matter or nature of the action. Where the filing of
the initiatory pleading is not accompanied by payment of the docket fee, the court may allow payment of the fee
within a reasonable time but in no case beyond the applicable prescriptive or reglementary period.

2. The same rule applies to permissive counterclaims, third party claims and similar pleadings, which shall not be
considered filed until and unless the filing fee prescribed therefor is paid. The court may also allow payment of said
fee within a reasonable time but also in no case beyond its applicable prescriptive or reglementary period.

3. Where the trial court acquires jurisdiction over a claim by the filing of the appropriate pleading and payment of
the prescribed filing fee but, subsequently, the judgment awards a claim not specified in the pleading, or if specified
the same has been left for determination by the court, the additional filing fee therefor shall constitute a lien on the
judgment. It shall be the responsibility of the Clerk of Court or his duly authorized deputy to enforce said lien and
assess and collect the additional fee.

4. Ayala Corp vs. Madayag


The additional filing which shall constitute a lien on judgment refers to damages arising after the filing of the
complaint.
- Damages pendent lite, those damages to be awarded, other damages must be specified

5. Hodges vs CA 184 S 286


Where lawyers as plaintiffs failed to pay the docket fee
- Even if ordered to pay correct docket fee

6. Salientes vs CA 194 S 235


In an action for recovery of possession of land with damages, jurisdiction is acquired over the action involving
the real property where only the docket fees for the damages were not paid.
- Mixed action to recover and damages
- Fees for real action, need not specify amount and damages; payment for real action sufices

7. Maersk-Tabacalera vs. CA 187 S 646 ***


Where the lack of jurisdiction because of nonpayment of filing fees was after the adverse decision of the CA, the
payment of filing fees shall constitute a lien on the judgment.
- if no payment of proper docket fee and failed to file motion to dismiss, payment of docket fees constitute a
lien on the judgment

8. Orig Development vs CA 202 S 753 ***


The plaintiff must ascertain, in the estimation, the sums he wants and the sums required to determine the
amount of docket fees.
- Failed to specify attorneys fees. damages

9. Intl Industrial Mgmt. vs CA 205 S 509 ***


Docket fees must still be paid although the claim for damages is not the principal action.
- Action for specific performance/rescission + damages

Kinds of Actions

10. Ching v. CA 181 S 9


Action for reconveyance and cancellation of title is an action in personam.
- Personal action not necessarily an accion in rem

11. Paderanga v. Buisan 226 S 786, Rule 4


Venue is determined by determining whether the action is personal or real.

Kurt Maniquis Page 19


RULE 2
CAUSE OF ACTION

Section 1. Ordinary civil actions, basis of.


Every ordinary civil action must be based on a cause of action.

Sec. 2. Cause of action, defined.


A cause of action is the act or omission by which a party violates a right of another.
-ELEMENTS: 1. Legal right
2. Legal obligation
3. Act/Ommission

Sec. 3. One suit for a single cause of action.


A party may not institute more than one suit for a single cause of action.

Sec. 4. Splitting a single cause of action; effect of.


If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the
merits in any one is available as a ground for the dismissal of the others. litis pendencia or res judicata

Sec. 5. Joinder of causes of action. (Permissive Joinder)


A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have against
an opposing party, subject to the following conditions:

(a) The party joining the causes of action shall comply with the rules on joinder of parties;

(b) The joinder shall not include special civil actions or actions governed by special rules;

(c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the
joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction
of said court and the venue lies therein; and

(d) Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed
shall be the test of jurisdiction. (totality rule)

Sec. 6. Misjoinder of causes of action.


Misjoinder of causes of action is not a ground for dismissal of an action. A misjoined cause of action may, on
motion of a party or on the initiative of the court, be severed and proceeded with separately.

RULE 2 CASES
Right of action right of plaintiff to bring an action
1. a good cause of action
2. conditions precedent are complied with
3. right to institute action must be within the plaintiff

Cause of action act or omission by which a party violates anothers right


1. there is a primary right of plaintiff
2. legal obligation to respect that right
3. right violated

Cause of action determined by allegations of complaint


1. De Guzman vs CA 192 S 507
A case where the elements of a cause of action were satisfied

Kurt Maniquis Page 20


Splitting a single cause of action

2. Bachrach vs Encarangal 68 P 287


The non-payment of a promissory note secured by REM is a single cause of action, thus, creditor may elect
either a personal action for debt or a real action to foreclose.
TEST: when there is only one act/omission, depends on whether the wrong which the redress sought is the same

3. Industrial vs Apostol 177 S 521


Same with Bachrach
1st action: recovery of debt 2nd action: cancellation of mortgage

4. Bayang vs CA 148 S 91
Claim for ownership of land and claim for income thereon arise from a single cause of action which cannot be
split.

5. Strong vs Repide 22 P 19, Rule 9


An action to recover possession of shares of stock should include claim for dividends.(multiplicity of actions)

Joinder of causes of action

6. Flores vs Mallare-Phillips 144 S 377 ***


- Misjoinder of parties since claims are separate and distinct; 2 claims against 2 different persons

7. Insurance vs Warner 21 S 762


- Admiralty case(MTC) + ordinary civil action to claim 2,000(RTC) can be joined = RTC

Kurt Maniquis Page 21


RULE 3
PARTIES TO CIVIL ACTIONS

Suability of the State


- is it a juridical person? yes.
- it was incorporated by the social contract- we created the concept of the sovereign.

1. you apply non-suability- pyt of damages


but w/ regards in stopping it fr doing something w/c is not correct, the State cannot invoke immunity.
- Tanada v Tuvera
- Smart entered into a contract w/ COMELEC, can you mandamus them to proceed? Yes. you can sue
COMELEC, di ka naman humihingi ng pera---damages.
2. when State sues a private individual, individual can sue
3. exercise of Proprietary fn
4. GOCC HMF, NAWASA, LBP,
5. suit against officials or its agents.

Section 1. Who may be parties; plaintiff and defendant.


Only natural or juridical persons, or entities authorized by law may be parties in a civil action. The term "plaintiff"
may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.) party plaintiff.
The term "defendant" may refer to the original defending party, the defendant in a counterclaim, the cross-
defendant, or the third (fourth, etc.) party defendant.

Juridical- corporations, partnerships, trusts, estate of deceased

Sec. 2. Parties in interest.


A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party
entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted
or defended in the name of the real party in interest.

Sec. 3. Representatives as parties.


Where 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.
A representative may be a trustee of an express trust, a guardian, an executor or administrator, or a party
authorized by law or these Rules. An agent acting in his own name and for the benefit of an undisclosed principal
may sue or be sued without joining the principal except when the contract involves things belonging to the principal.

NOTES:
why can there be no representative in an implied trust?
- based on fraud and the obli of the trustee is to deliver back and he cannot use it.
an agent may be sued alone:
1. when he acts in his own name
2. 1897- binds himself
3. exceeds the limit of his authority w/o informing the party that he exceeded.

Sec. 4. Spouses as parties.


Husband and wife shall sue or be sued jointly, except as provided by law.
except:
1. legal separation
2. separation of prop agreed in the settlement
3. transferred to the wife by judicial decree
4. donation inter vivos and mortis causa- you can not sue
5. civil liabILITY arising frOM a criminal offense

Kurt Maniquis Page 22


6. litigation is incidental to occupation, profession, business where wife is engaged
7. quasi-delict
8. suit bet H and W

Sec. 5. Minor or incompetent persons.


A minor (need not be judicially declared as 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.

Sec. 6. Permissive joinder of parties.


1. All 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 exist, whether jointly, severally, or in the alternative, may, except as otherwise
provided in these Rules, join as plaintiffs or be joined as defendants in one complaint,
2. where any question 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 just to prevent any plaintiff or defendant from being embarrassed or
put to expense in connection with any proceedings in which he may have no interest.

Sec. 7. Compulsory joinder of indispensable parties.


Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or
defendants.
- Void judgment if indispensable party is not impleaded

Sec. 8. Necessary party.


A necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be
accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action.
- non-inclusion would not affect judgment

Sec. 9. Non-joinder of necessary parties to be pleaded.


Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall set forth his
name, if known, and shall state why he is omitted. Should the court find the reason for the omission unmeritorious, it
may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained.
The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the
claim against such party.

The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the judgment
rendered therein shall be without prejudice to the rights of such necessary party.

Sec. 10. Unwilling co-plaintiff.


If the consent of any party who should be joined as plaintiff cannot be obtained, he may be made a defendant and the
reason therefor shall be stated in the complaint.

Sec. 11. Misjoinder and non-joinder of parties.


Neither misjoinder nor non-joinder of parties is ground for dismissal of an action. Parties may be 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 just. Any claim against a misjoined party may be severed and proceeded with separately.

Sec. 12. Class suit.


When the subject matter of the controversy is
1. one of common or general interest to many persons
2. so numerous that it is impracticable to join all as parties,
a number of them which the court finds to be sufficiently numerous and representative as to fully protect the
interests of all concerned may sue or defend for the benefit of all. Any party in interest shall have the right to
intervene to protect his individual interest.

Kurt Maniquis Page 23


Sec. 13. Alternative defendants. (not mandatory)
Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join 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.

Sec. 14. Unknown identity or name of defendant.


Whenever 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 require; when his identity or true name is discovered, the pleading must
be amended accordingly.

Sec. 15. Entity without juridical personality as defendant.


When two or more persons not organized as an entity with juridical personality enter into a transaction, they may be
sued under the name by which they are generally or commonly known.

In the answer of such defendant, the names and addresses of the persons composing said entity must all be
revealed.

Sec. 16. Death of party; duty of counsel. - mandatory


Whenever a party to a pending action(real) dies, and the claim is not thereby extinguished, it shall be the duty of his
counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and
address of his legal representative or representatives. Failure of counsel to comply with this duty shall be a ground
for disciplinary action.

The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an
executor or administrator and the court may appoint a guardian ad litem for the minor heirs.

The court shall forthwith order said legal representative or representatives to appear and be substituted within a
period of thirty (30) days from notice. no summons needed

If no legal representative is named by the counsel for the deceased party, or if the one so 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 executor or administrator for the estate of the deceased and the latter shall immediately appear for
and on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing party,
may be recovered as costs.

NOTES:
What is the effect of death?
If an action is filed by a party, will the death of the party will bring abt the death of the cs?
- if the action is purely personal in nature- the action will also die with the party
- if the action is an action that survives
annulment of marriage personal
support- personal
annulment of contract of sale- will survive
- legal separation based on infidelity, concubinage or adultery- personal
- most of the actions usually survives. what are these?
- what is the procedure, if the party dies pendente lite? sec 16
1. counsel to inform the court within thirty (30) days after such :
a.)death of the fact thereof,
b.) and to give the name and address of his legal representative or representatives
2. The heirs of the deceased may be allowed to be substituted for the deceased.
3. court shall forthwith order said legal representative or representatives to appear and be substituted within a
period of thirty (30) days from notice.
a. that death cert is attached
b. names and address of legal rep

Kurt Maniquis Page 24


- that they appear w/in 30 days to be substituted to the person of the deceased.
the order will ORDER and not to serve summon. Why? They merely stepped into the shoes of the deceased with
whom the court already jurisdiction while he was alive. Jurisdiction was already vested.

-If the Legal Rep failed to appear, what happens? the court will order the OTHER party to initiate settlement of the
estate proceedings in order that the executor/ administrator shall now appear in the person of the deceased party.

Sec. 17. Death or separation of a party who is a public officer.


When a public officer is a party in an action in his official capacity and during its pendency dies, resigns, or
otherwise ceases to hold office, the action may be continued and maintained by or against his successor if, within
thirty (30) 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. Before a substitution is made, the party
or officer to be affected, unless expressly assenting thereto, shall be given reasonable notice of the application
therefor and accorded an opportunity to be heard.

Sec. 18. Incompetency or incapacity. during pendency of suit


If 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.

Sec. 19. Transfer of interest. during pendency of case, if before filing, the real party is the transferee
In case of any transfer of interest, the action 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 joined with the original
party.

Sec. 20. Action on contractual money claims. defendant only


When the action is for recovery of money arising from contract, express or implied, and the defendant dies before
entry of final judgment 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 of final judgment. A favorable judgment 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.

Sec. 21. Indigent party.


A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex 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.

Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of
stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees
which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the
indigent, unless the court otherwise provides.

Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court.
If 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. If
payment is not made within the time fixed by the court, execution shall issue for the payment thereof, without
prejudice to such other sanctions as the court may impose.

Sec. 22. Notice to the Solicitor General. not mandatory


In any action involving the validity of any treaty, law, ordinance, executive order, presidential decree, rules or
regulations, the court, in its discretion, may require the appearance of the Solicitor General who may be heard in
person or through a representative duly designated by him.

Kurt Maniquis Page 25


RULE 3 CASES
Exceptions to natural and juridical requirement:
1. Class suit
2. Entity without juridical personality that entered into a transaction
3. Art. 487. Any one of the co-owners may bring an action in ejectment.

Foreign Corporation
- if illegal corporation, cannot sue but can be sued
1. Hang Lung Bank v. Saulog
A foreign corporation not doing business in the Philippines has legal capacity to sue.
- Isolated transaction rule

2. Converse Rubber v. Universal Rubber


A foreign corporation not doing business in the Philippines has a legal right to maintain an action in the
Philippines to restrain the residents and inhabitants thereof from organizing a corporation therein bearing the
same name as the foreign corporation.
- IPL violation

3. Commissioner of Custom v. KMK


Only foreign corporations can avail of the isolated transaction rule.
- Not single proprietors; mere lawyer-client relationship not enough

Personality by estoppel

4. Merrill vs CA
- Contracted for 7 years already

5. Chiang Kai Shek vs CA


- Contracted for 32 years as having a juridical personality

Sole proprietorship

6. Juasing v. Mendoza
- Sole proprietorship no legal personality to sue

Parties in interest

7. Ralla vs. Ralla a disinherited heir not a real party in interest in partition case

Go vs CA personal action: annulment of title; lessees not real party

8. Ibonilla vs Province
- Teachers, parents and employees have no personality to sue, they are not owners

VSC Commercial vs CA
- State has the personality to sue not the lessor

Representatives as parties

9. Tuason vs Bolanos
- An action can be brought by the party in interests representative

Spouses as parties

Kurt Maniquis Page 26


Lim vs Dee
- A spouse have no inerest in other spouse paraphernal property

Minor or incompetent persons

10. Nunal vs CA
- Once decision is final, trial court loses jurisdiction and cannot include a party to the order

Cortez vs Avilla
- Land previously owned by the State which was claimed by Cortez, State is an indispensable party

11. Servicewide Specialist vs CA


- Without an indispensable party, finality of the case cannot be attained

Class Suit

12. Mina vs Pacson


- Failure or refusal to amend will result to dismissal; failure to include an indispensable party

13. Borlasas vs Polistico


- Need not include all plaintiffs in a class suit

14. Dael vs Teves 136


- Before filing the case: amendment

15. Casenas vs Rosales


- After filing the case: substitution

16. Barrameda vs. Barbara


- Same with casenas

17. Vda DelaCruz vs CA


- Substitution must still be ordered even if the case is final

18. Vda De Haberer vs CA


- Court failed to provide a period of appointing legal representative

19. Lawas vs CA
- Court must wait for appointment of legal representative

20. Heir Regoso vs CA


- Lawyer failed to notify the court for his clients death; the court is not expected to know without counsels
notice

Death of a party

Dizon vs CA
- If defendant dies in case of recovery of sum of money
a. before judgment = dismissed
b. after judgment = appeal against administrator of estate
c. if final and executory = claim against the estate

Torijos vs CA
- if pending appeal = criminal and civil liability extinguished
People vs Sendaydiego
- Convicted of malversation then died, action for sum of money survives death

Kurt Maniquis Page 27


Transfer of interest

21. Jocson vs CA
- Judgment is binding upon a transferee pendente lite likewise an appeal made by the original party redound
to the benefit of the transferee

Indigent Party

22. Acar vs Rosal


- Pauper no property at all
- Indigent no source of income but only his own labor

Notice to the Solicitor General

Republic vs Polo
- Notice to city fiscal is not notice to SolGen

Republic vs Partisala
- only the SolGen can represent the PH

Kurt Maniquis Page 28


RULE 4
VENUE OF ACTIONS
- place where an action must be instituted and tried

NOTES:
VENUE OF ACTIONS
what is VENUE? place where an action muSt be instituted and tried
venue in REAL Actions- commenced and tried in the proper court which has jurisdiction over the area wherein the
real property involved, or a portion thereof, is situated
when is an action a real action? Actions affecting title to or possession of real property, or interest therein.
what is A personal action? One that has privity to personal prop, enforcement of a contract and recovery of
damages

Section 1. Venue of real actions.


Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the
proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated.

Forcible 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.

Sec. 2. Venue of personal actions.


All 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.

Sec. 3. Venue of actions against non-residents. in rem or quasi in rem


If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status
of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried
in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found.

Sec. 4. When Rule not applicable.


This Rule shall not apply:
(a) In those cases where a specific rule or law provides otherwise; or

Ex: Libel where first published or residence of complainant

(b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.
- unless it denies free access to courts or subverts public policy

RULE 4 CASES
Real Action

1. Fortune Motors vs CA
- Annulment of foreclosure of mortgage is a real action which primary objective is to recover real property

2. Torres vs Tuazon
- Issuance of deed of sale and title is a real action

Paderanga v. Buissan, supra Rule 1


The action is a real action because while it does explicitly pray for recovery of possession, such is the necessary
consequence thereof.

Kurt Maniquis Page 29


3. Lizares vs Caluag 4
- Action to compel acceptance of payment is merely a first step to establish title

4. Hernandez vs. DBP


- Action to annul cancellation of award is an action to recognize the award which is a personal action

Personal Action

5. Raymond vs CA
- residence meaning actual residence and not legal residence
6. Esuerte vs CA
Same with Raymond

Meaning of the word principal

7. Marcos-Araneta v. CA
- Principal plaintiffs meaning real party in interest

Agreement of parties on venue

8. Polytrade vs Blanco
- absent any qualifying or restrictive words on venue, it is merely permissive

9. Capati vs Ocampo
- The use of the word may connotes permissive action

10. Unimasters vs CA
- The stipulation must clearly indicate the venue in the exclusion of other venues

On the exclusivity of venue in contracts of adhesion

11. Hoechst Phil vs Torres


- Superseded by Polytrade

12. Sweet Line vs Teves


- Subversive against public policy on transfer of venue; no mutual agreement on venue

13. Philippine Telecom v. Tecson


- An adhesion contract which is clear and unambiguous is binding

14. Dacoycoy vs IAC


- Court may not motu proprio dismiss for improper venue
- Venue can be waived expressly or impliedly

Kurt Maniquis Page 30


RULE 5
UNIFORM PROCEDURE IN TRIAL COURTS

Section 1. Uniform procedure.


The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts, except (a) where a
particular provision expressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the
Rule on Summary Procedure.

Sec. 2. Meaning of terms.


The term "Municipal Trial Courts" as used in these Rules shall include Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts.

RULE 6
KINDS OF PLEADINGS

NOTES:
Dist Pleading fr Motion:
Pleading- cause of action either to support it like a complaint or to defeat it like an answer.
Motion- application for relief other than a pleading. Gen., does not relate to cause of action but it may defeat a
cause of action to dismiss on the grounds of prescription: though not stated in the complaint it can defeat a cause of
action)
- it is not a specific attack on the right, obli ,delict or wrong but can defeat it (cause of action).

Section 1. Pleadings defined.


Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for
appropriate judgment.

Sec. 2. Pleadings allowed.


The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.) party complaint, or
complaint-in-intervention.

The defenses of a party are alleged in the answer to the pleading asserting a claim against him.

An answer may be responded to by a reply.

Sec. 3. Complaint.
The complaint is the pleading alleging the plaintiff's cause or causes of action. The names and residences of the
plaintiff and defendant must be stated in the complaint.

Sec. 4. Answer.
An answer is a pleading in which a defending party sets forth his defenses.

Sec. 5. Defenses.
Defenses may either be negative or affirmative.

(a) A 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. denial of ultimate facts

Kurt Maniquis Page 31


(b) An affirmative defense is an allegation of a new matter (not mentioned in the complaint) which, while
hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar
recovery by him. The 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.

NOTES:
AFFIRMATIVE- new matters raised by way of defense while hypothetically admitting matl allegations nonetheless
bar recovery.
You do it to controvert new matters- by REPLY
filing of a reply is optional.
when is reply compulsory:
1. deny an actionable document , sec 8 rule 8
2. deny an allegation of usury thru a reply- usurious eh.

Sec. 6. Counterclaim.
A counterclaim is any claim which a defending party may have against an opposing party.
- Alleged together with the answer

Sec. 7. Compulsory counterclaim.


A compulsory counterclaim is one which, being cognizable by the regular courts of justice,
1. arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing
party's claim and
2.does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.
3. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof,
except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory
regardless of the amount.

Sec. 8. Cross-claim.
A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the
subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that
the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the
action against the cross-claimant.

Sec. 9. Counter-counterclaims and counter-cross-claims.

A counterclaim may be asserted against an original counter-claimant.


A cross-claim may also be filed against an original cross-claimant.

Sec. 10. Reply.

A reply is a pleading, the office or function 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 join or make issue as to such new matters. If a party does not
file such reply, all the new matters alleged in the answer are deemed controverted.
- Unless in instances that requires mandatory reply 1. Denying an actionable document 2. Denying allegation
of usury

Kurt Maniquis Page 32


If the 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.
- A pleading controverting the affirmative defense of plaintiff (no reply in negative defenses)

Sec. 11. Third, (fourth, etc.) party complaint.

A third (fourth, etc.) 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, etc.) party defendant, for contribution, indemnity, subrogation or
any other relief, in respect of his opponent's claim.

NOTES:
test to determine :
1. arise of the same tran
for contribution- solidary liab- kaw din may kasalanan
2. 3rd partys claim although arising of diff tran is connected w/ Ps claim
surety- may file 3rd party complaint against prin dr for indemnity.
dr- not indispendable party, but a necessary party but shld state why you excluded him
3. 3rd party D will be liable to Ps claim against orig D liab arises out of diff tran
LE- sued for repairs, where he obliged in the contract to defray expenses eg papintahan ko bahay
D LE- file a 3rd party complaint for subrogation against the sub-lessee who assumed compliance.
pinasublease- different agreement, papintahan mo yan, di pinapintahan
LR- binira si LE
kung nalaman ni LR na sinublease ni LE, can LR sue both of them? Is there a proper joinder of parties?
1. it arose out of same tran which is the lease and in joinder of parties it is not necessary that the parties joined have
privity of contract against the parties and
2. w/ a common qn of fact or law
Compulsary Counterclaim COC- against parties who are already parties to the cs.
3rd party complaint- you drag them in, not already parties
action for recovery of RE- against vendor for warrantees against eviction
must a 3rd party complaint be w/in the jurisdiction of the court where principal action is pending?
- Yes, except RTC. The 3rd party is merely a continuation/ancillary to the principal action.

Sec. 12. Bringing new parties.

When the presence of parties other than those to the original action is required for the granting of complete relief in
the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants, if
jurisdiction over them can be obtained.

Sec. 13. Answer to third (fourth, etc.) party complaint.

A third (fourth, etc.) party defendant may allege in his answer his defenses, counterclaims or cross-claims, including
such defenses that the third (fourth, etc.) party plaintiff may have against the original plaintiff's claim. In proper
cases, he may also assert a counterclaim against the original plaintiff in respect of the latter's claim against the third-
party plaintiff.

Kurt Maniquis Page 33


RULE 6 CASES
Counterclaim

Agustin v. Bacalan, supra Jurisdiction

Maceda v. CA, supra Jurisdiction

1. Calo vs Ajax
A compulsory counterclaim not within the jurisdiction of the court may be filed separately.

2. Navarro v. Bello
- Reply not necessary to compulsory counterclaim it arises out of same transaction

3. Gojo vs Goyala

4. Ballecer vs Bernardo

Sufficiency of Cause of Action

1. Far East Marble vs Ca


- requisites: (1) the legal right of the plaintiff; (2) the correlative obligation of the defendant; and (3) the act or
omission of the defendant in violation of said legal right

2. Delos Santos vs Sheriff of Rizal


- same with Far East

Dismissal of Complaint is Dismissal of Counterclaim

1. International Container vs Ca
- dismissal of complaint will result to dismissal of counterclaim

Kurt Maniquis Page 34


RULE 7
PARTS OF A PLEADING
Section 1. Caption.
The caption sets forth the name of the court, the title of the action, and the docket number if assigned.
The title of the action indicates the names of the parties. They shall all be named in the original complaint or
petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an
appropriate indication when there are other parties.
Their respective participation in the case shall be indicated.

Sec. 2. The body.


The body of the pleading sets forth its designation, the allegations of the party's claims or defenses, the relief prayed
for, and the date of the pleading.

(a) Paragraphs. - The 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 convenience. A paragraph may be referred to by its number in all succeeding pleadings.

(b) Headings. - When two or more causes of action are joined, the statement of the first shall be prefaced by the
words "first cause of action," of the second by "second cause of action," and so on for the others.

When 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 "answer to the first cause of action" or "answer to the second cause of action" and so
on; and when one or more paragraphs of the answer are addressed to several causes of action, they shall be prefaced
by words to that effect.

(c) Relief. - The pleading shall specify the relief sought, but it may add a general prayer for such further or other
relief as may be deemed just or equitable.

(d) Date. - Every pleading shall be dated.

Sec. 3. Signature and address.


Every pleading must be signed by the party or counsel representing him, stating in either case his address which
should not be a post office box.

The 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.

An unsigned pleading produces no legal effect. However, 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 subject to
appropriate disciplinary action.

Sec. 4. Verification. absence is formal defect


Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or
accompanied by affidavit.

How is a pleading verified?


A 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.

Kurt Maniquis Page 35


A pleading required to be verified which contains a verification based on "information and belief," or upon
"knowledge, information and belief," or lacks a proper verification, shall be treated as an unsigned pleading (a sham
pleading).

NOTES:
is it necessary that verification is made? no, bec Signature of counsel sec 3
Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or
accompanied by affidavit.
summary procedures- must all be verified, as provided by law on summary procedures
- how verified?
A pleading is verified by an affidavit that the affiant has a) read the pleading and that the b)allegations therein are
true and correct of his personal knowledge and c)based on authentic record.
A pleading required to be verified which contains a verification based on "information and belief," or upon
"knowledge, information and belief," or lacks a proper verification, shall be treated as an unsigned pleading.
- why? when you say I have read the allegations and they are true and correct based on info and belief? bec it
is considered hearsay- chismis
- must be based on personal knowledge or based on authentic record
- what is the purpose? to ensure good faith in the averment in the pleading- under oath perjury
- absence- mere formal defect and will not dismiss the case

Sec. 5. Certification against forum shopping.


The 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 annexed thereto and simultaneously filed therewith:

(a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein;

(b) if there is such other pending action or claim, a complete statement of the present status thereof; and

(c) 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 five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading (not
including a reply-it is a defensive pleading) has been filed.

Failure to comply with the foregoing requirements 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 prejudice, unless otherwise
provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding
administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate
forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct
contempt, as well as a cause for administrative sanctions.

NOTES:
when is cert against forum shopping reqd? only in Initiatory Pleading- ung una, ung original
In an answer and reply- merely raising a defense
initiatory pleading:- you initiate a claim
1. complaint,
2. cross claim,
3. compulsory counter claim( sometimes yes or no, UST v Surla)
4. 3rd party complaintcomplaint.

Kurt Maniquis Page 36


5. permissive counterclaim
how about counterclaim? UST vs Surla
Gen Rule even compulsory claim must be answered bec it is considered as a complaint of the defendant
except when the answer is just to complete what was alleged in the orig complaint

RULE 7 CASES
- VERIFICATION not jurisdictional but merely formal, can be corrected

Certification against forum shopping

1. Santo Tomas University Hospital vs Surla


- Certificate of non forum shopping required only on initiatory pleadings

2. Loquias vs Ombudsman
- Must be signed by all parties unless authorized to represent

3. Medserv Inc. vs CA
- Liberal interpretation of curable defect as long as there is reasonable attempt to comply

4. Espiritu v. Petron
- Where one party is sufficient to sign = if there is common interest or common cause of action

5. San Miguel Corp. v. Aballa


- 3 out of 97 allowed if same cause of action

6. PAL vs FASAP
- only individuals authorized by the board may sign and must show proof of authority at the time of filing

7.Shipside Corp. vs CA
- liberal application; allowed to attach authority

8.Tolentino vs Rivera
- failed to show authority and failed to state reason for inability to sign

9. Sps. Mendoza vs Coronel


- a co-owner can bring an action in behalf of other co-owners, therefore atty-in-fact of one co-owner can bring
action even without authority of other co-owners

Kurt Maniquis Page 37


RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Section 1. In general.
Every 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.
- Ultimate facts- facts constituting the cause of action; without which there is no cause of action.

If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall be clearly
and concisely stated.

Sec. 2. Alternative causes of action or defenses.


A 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. When 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.
- if not stated, res judicata applies

Sec. 3. Conditions precedent.


In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient.
- Ex: prior bgy. conciliation

Sec. 4. Capacity. specific averment


Facts 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 existence of an organized association of persons that is made a party, must be
averred. A party desiring to raise an issue as to the legal existence 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 pleader's knowledge.

Sec. 5. Fraud, mistake, condition of the mind.


In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with
particularity (specific averment). Malice, intent, knowledge or other condition of the mind of a person may be
averred generally (general averment).

Sec. 6. Judgment. general averment


In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or
officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.

Sec. 7. Action or defense based on document. (either original or copy)


Whenever 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
exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the
pleading.

NOTES:
how shall an actionable doc pleaded?
2 ways:

Kurt Maniquis Page 38


1. sec 7 - 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 exhibit , which shall be deemed to be a part of the pleading,
- state its EXISTENCE and substance and ATTACH AS AN EXHIBIT
- that D issued PN- existence
- obligating himself to pay P1m, copy is attached - substance
2. said copy may with like effect be set forth in the pleading. W/O ATTACHMENT
- D issued PN then copy the PN verbatim

Sec. 8. How to contest such documents. (actionable documents not merely evidentiary)
When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading
as provided in the preceding section, the genuineness and due execution of the instrument shall be deemed
admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the
facts; but the requirement of an oath does not apply when:
1. the adverse party does not appear to be a party to the instrument or
2. when compliance with an order for an inspection of the original instrument is refused.

NOTES:
DEFENSES CUT OFF. Such defenses as that the signature is a forgery; or that it was unauthorized, as in the case
of an agent signing for his principal, or one signing in behalf of a partnership, or of a corporation; or that, in the
ease of the latter, that the corporation was not authorized under its charter to sign the instrument; or that the
party charged signed the instrument in some other capacity than that alleged in the pleading setting it out; or that
it was never delivered are cut off by the admission of its genuineness and due execution.
DEFENSES ALLOWED. Any defense of new matter, such as payment where nonpayment is alleged, the statute of
limitations, illegality of consideration, etc., may be under a proper plea to that effect, notwithstanding the failure
of the party charged to enter a verified denial of the genuineness and due execution of the document declared
upon.
what is the meaning of due execution?
1. that parties sign bears- signed it
2. if signed by rep- signed by him w/ authority- pag d m qn yan, tama yan
3. words and figures are what they purport to be admit na correct yan pag di mo qn
4. document was delivered
5. formal reqt of law- sale, acknowledgement, doc stamps are waived by him
if this is the meaning of due execution- what you can raise as to technical admission are only matters
INCONSISTENT with it.

Sec. 9. Official document or act. general averment


In 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.

Sec. 10. Specific denial.


A defendant must:
1. specify each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set
forth the substance of the matters upon which he relies to support his denial.
2. Where 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.

Kurt Maniquis Page 39


3. Where a defendant is without 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.

Sec. 11. Allegations not specifically denied deemed admitted. technical admission
Material averment in the complaint, other than those as to the amount of unliquidated damages, shall be deemed
admitted when not specifically denied. Allegations of usury in a complaint to recover usurious interest are deemed
admitted if not denied under oath.

Sec. 12. Striking out of pleading or matter contained therein.


1. Upon motion made by a party before responding to a pleading or,
2. if no responsive pleading is permitted by these Rules, upon motion made by a party within twenty (20) days after
the service of the pleading upon him, or
3. upon the court's own initiative at any time, the court may order any pleading to be stricken out or that any sham or
false, redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom.

RULE 8 CASES
Alternative causes of action or defenses
- May be inconsistent with each other but not inconsistent in itself

1. Gatchalian vs Pavilin
- Although incompatible inter se, allowed as long as compatible in itself

2. Heirs of Marquez vs Valencia


- Failure to state in the alternative, may give rise to res judicata

Language in the pleading


3. Tumang v. Bautista
- English, since Filipino is a gestating language

Actionable document
4. Bough vs. Cantiveros
- Only the genuiness and due execution is waived and not new matters
- Genuiness and due execution means the instrument is not spurious, counterfeit or different import on its
face from the one executed
- Lack of consideration not included in genuiness and due execution

5. Hibberd vs Rhode
illegality of consideration is not also included

6. Imperial Textile vs CA
- General rule, general admission

7. Toribio vs Bidin Actional document of defendant


- Requirement of specific denial applies to both an action or defense

8. Central Surety vs Hodges L-28633 On waiver


- Plaintiff himself proved due execution and no objections were made; the rule on specific denial is waived

9. Jabalde vs PNB 7 S 791 On waiver


- Jabalde failed to object presentation of evidence of PNB showing different dates of deposit; rule on specific
denial is waived

Kurt Maniquis Page 40


10. Investment vs Comptronics
- Request for admission of genuiness of due execution; no waiver

Specific denial
11. Capitol Motors v. Yabut Rule 34
- Must use in good faith
3rd mode of specific denial does not apply where the fact as to which want of knowledge is asserted is so plainly
and necessarily within the defendants knowledge that his averment of ignorance must be palpably untrue.

12. Galofa vs Nee Bon Sing


- Negative pregnant equivalent to admission; denies but full of admissions
- I deny, but the truth of the matter is

Kurt Maniquis Page 41


RULE 9
EFFECT OF FAILURE TO PLEAD

Section 1. Defenses and objections not pleaded. omnibus motion rule


Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived.
However, when it appears from the pleadings or the evidence on record that
1. the court has no jurisdiction over the subject matter,
2. that there is another action pending between the same parties for the same cause, or
3. that the action is barred by a prior judgment or by statute of limitations,
the court shall dismiss the claim.

Sec. 2. Compulsory counterclaim, or cross-claim, not set up barred.


A compulsory counterclaim, or a cross-claim, not set up shall be barred.

Sec. 3. Default; declaration of.


If 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. Thereupon,
the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant, unless the
court in its discretion requires the claimant to submit evidence. Such reception of evidence may be delegated to the
clerk of court.

(a) Effect of order of default. - A party in default shall be entitled to notice of subsequent proceedings but not to take
part in the trial.

(b) Relief from order of default. - A party declared in default may at any time after notice thereof and before
judgment file a motion under oath to set aside the order of default upon proper showing that his failure to answer
was due to fraud, accident, mistake or excusable negligence and that he has a meritorious defense. In such case, the
order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice.

(c) Effect of partial default. - When 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 judgment upon the evidence presented.

(d) Extent of relief to be awarded. - A judgment rendered against a party in default shall not exceed the amount or be
different in kind from that prayed for nor award unliquidated damages.

(e) Where no defaults allowed. - If 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 exists, and if there is no collusion, to intervene for the State in order
to see to it that the evidence submitted is not fabricated.

RULE 9 CASES
Defenses not pleaded

Strong v. Repide, supra Rule 2

1. Ferrer vs Ericta

Kurt Maniquis Page 42


2. Garcia vs Mathis

3. Chua Lamko vs Dioso


- Prescription appearing upon its face, court may dismiss unless if issue of prescription raises an issue of fact

Default

4. Cavili vs Florendo
- Person in default can be a witness for non-disqualified parties

5. Pascua vs Florendo
- Favorable relief can be granted only after the presentation of evidence warrants the grant of relief

6. Phil British vs Delos Angeles


- Motion to set aside order of default must be under oath and with affidavit of merit

7. Malangyaon vs Sunga
- Where the failure to appear is due to illness, order of default may be set aside

8. Filinvest vs CA
- It is within the sound discretion of the court to refuse to set aside its order of default where it finds no
justifiable reason for the delay

9. Sablas v. Sablas
- court cannot motu proprio declare in default
- answer may be admitted if there is no motion to declare in default
- requirements before default: 1. Motion 2. Notice 3. Proof

Kurt Maniquis Page 43


RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS

NOTES:
what is the difference bet amended and supplemental pleadings?
amended pleadings- relates to facts, causes of action already in existence, refers to facts, tran or occurrences that
were already due at the time of the filing of the orig complaint.
- to correct error, defect, imperfections by addition, incorp, substi- but they were already there.
supplemental pleading- occurred after filing the orig complaint- transactions, occurrences or events which have
happened since the date of the pleading sought to be supplemented.
what is the effect if a pleading is amended?
supersedes the pleading that it amend, the original pleading ceases to be part of the record and it is a judicial
admission.
when evidence not reqd? judicial knowledge of the court- our laws, geography, history- those that are obvious. laws
of nature- gravity
how may pleadings be amended? Sec 1

Section 1. Amendments in general.


Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a
mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the
actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most
expeditious and inexpensive manner.

Sec. 2. Amendments as a matter of right.


A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in
the case of a reply, at any time within ten (l0) days after it is served.

Sec. 3. Amendments by leave of court.


Except as provided in the next preceding section, substantial amendments may be made only upon leave of court.
But such leave may be refused if it appears to the court that the motion was made with intent to delay (or to cure
jurisdictional defect or cure a compliant with no cause of action). Orders of the court upon the matters provided in
this section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be
heard.

NOTES:
Instances when amendment by leave of court may not be allowed:
1. When cause of action, defense or theory of the case is changed;
2. Amendment is intended to confer jurisdiction to the court;
3. Amendment to cure a premature or non-existing cause of action;
4. Amendment for purposes of delay.
5. Amendment resulting in the alteration of a final judgment
Substantial amendment- cut off pd is service of responsive pleading
when is there alteration?

Kurt Maniquis Page 44


1. evidence available in the previous will no longer be sufficient to the new pleading
2. liability- when a party will be made liable for a liab. entirely or more than liability

Sec. 4. Formal amendments.


A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily
corrected by the court at any stage of the action, at its initiative or on motion, provided no prejudice is caused
thereby to the adverse party.

Sec. 5. Amendment to conform to or authorize presentation of evidence.


When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be
treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be
necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party
at any time, even after judgment; but failure to amend does not affect the result of the trial of these issues. If
evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may
allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and
the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the
amendment to be made.

NOTES:
what is an amendment to conform to evidence?
when issues not raised in the pleading by implied or expressed consent of the parties, they will be considered in all
respect as if raised in the pleadings
eg. di complaint alleges ownership on the allegation that he acquired such title thru a sale, when P presents evidence
he was showing to court that it is based on inheritance ( pag tutulog tulog ka, bahala ka), not alleged in the pleading
and pre-trial. Napasok niya ung inheritance- there is an amendment to the pleading even no actual amendment.
evidence is admissible if matl, relevant and if not excluded by the rules unless you failed to object.
relevant- claim of ownership based on inheritance- irrelevant
Is an amendment to conform to evidence compulsory? NO.
- not compulsory bec failure will not affect the result of trial of these issues - failure to amend does not affect the
result of the trial of these issues n/a in criminal cs- mandatory

Sec. 6. Supplemental pleadings.


Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a
supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the
pleading sought to be supplemented. The adverse party may plead thereto within ten (10) days from notice of the
order admitting the supplemental pleading.

NOTES:
is the filing of supplemental pldg by leave of court? yes
if filing of amendment pldg by leave of court? it depends, when it is a matter of right before responsive pldg

Sec. 7. Filing of amended pleadings.


When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be
indicated by appropriate marks, shall be filed.

Kurt Maniquis Page 45


Sec. 8. Effect of amended pleadings.
An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be
received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended
pleading shall be deemed waived.

RULE 10 CASES
1. Remington vs CA
- Even if a MD is filed, amendment is allowed as a right

2. Ng vs Sps. Soco
- After answer, amendment with leave of court and no amendment if it will alter or change cause of action

Marcos-Araneta v. CA

3. Quirona v. Alejo unlawful detainer and forcible entry


- Amendment is not allowed where its purpose is for the court to acquire jurisdiction

Formal Amendment

4. Super Clean vs CA
- Amendment to change relief is not amendment of theory of the case
- If there is change of relief sought, remedy is amendment not supplemental pleading

Amendment as a matter of right

5. Gotico vs Leyte
- Substantial amendment after answer with leave of court
- 1928 to 1961 on issue of possession is a substantial amendment

6. Rosario vs Carandang
- Amendment not allowed to cure jurisdictional defect

7. Contech vs CA
- Amendment so as to consolidate two cases is allowed

Aznar vs Bernardo
- Amendment or supplemental pleading allowed only in an existing cause of action
- Cannot cure non-existent cause of action
- Incomplete cause of action curable, improperly alleged lang

PPA vs Gothiong
- New rules: amendment that alters substantial cause of action now allowed if it shall serve the higher
interests of substantial justice

Swagman Hotel vs CA
- a complaint whose cause of action has not yet accrued cannot be cured or remedied by an amended or
supplemental pleading alleging the existence or accrual of a cause of action while the case is pending. Such
an action is prematurely brought and is, therefore, a groundless suit, which should be dismissed by the
court upon proper motion seasonably filed by the defendant. The underlying reason for this rule is that a
person should not be summoned before the public tribunals to answer for complaints which are immature.

Amendment to conform to or authorize presentation of evidence

Kurt Maniquis Page 46


8. Rogers vs Dick
- can only amend own pleading
- can amend with leave of court to conform to evidence on issues not raised in the pleadings

Effect of Amendment

9. Magaspi vs Ramolete
- Original pleading deemed abandoned

Delay

10. Lerma vs Reyes


- Failed to amend, before plaintiff rested its case, purpose is only to delay

11. Gulang vs Nadayag


- failed to amend before pre trial was set and held

Formal Amendment

12. Cuyugan vs Dizon


- Joining husband as co plaintiff is allowed even after judgment

Kurt Maniquis Page 47


RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS

Section 1. Answer to the complaint.


The defendant shall file his answer to the complaint within fifteen (l5) days after service of summons, unless a
different period is fixed by the court.

Sec. 2. Answer of a defendant foreign private juridical entity.


Where the defendant is a foreign private juridical entity and service of summons is made on the government official
designated by law to receive the same, the answer shall be filed within thirty (30) days after receipt of summons
by such entity.

Sec. 3. Answer to amended complaint.


Where the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within
fifteen (l5) days after being served with a copy thereof.

Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten (10) days
from notice of the order admitting the same (or notice of denial). An answer earlier filed may serve as the
answer to the amended complaint if no new answer is filed.

This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.)
party complaint, and amended complaint-in-intervention.
- If a matter of right from notice of admission
- If not a matter of right from order admitting the same

Sec. 4. Answer to counterclaim or cross-claim.


A counterclaim or cross-claim must be answered within ten (l0) days from service.

Sec. 5. Answer to third (fourth, etc.)- party complaint.


The time to answer a third (fourth, etc.)- party complaint shall be governed by the same rule as the answer to the
complaint. (within fifteen (l5) days after service of summons)

Sec. 6. Reply.
A reply may be filed within ten (l0) days from service of the pleading responded to.

Sec. 7. Answer to supplemental complaint. (whether a matter of right or no)


A supplemental complaint may be answered within ten (10) days from notice of the order admitting the same,
unless a different period is fixed by the court. The answer to the complaint shall serve as the answer to the
supplemental complaint if no new or supplemental answer is filed.

Sec. 8. Existing counterclaim or cross-claim. (due and demandable already)


A compulsory counterclaim or a cross-claim that a defending party has at the time he files his answer shall be
contained therein.
Sec. 9. Counterclaim or cross-claim arising after answer.
A counterclaim or a cross-claim which either matured or was acquired 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
judgment.

Kurt Maniquis Page 48


NOTES:
- in compulsory- reqd to be due and demandable
- if not due and demandable- supplemental pldg- happened after

Sec. 10. Omitted counterclaim or cross-claim.


When a pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect,
or when justice requires, he may, by leave of court, set up the counterclaim or cross-claim by amendment before
judgment.

Sec. 11. Extension of time to plead.


Upon motion and on such terms as may be just, the court may extend the time to plead provided in these Rules.
The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed by these
Rules.

Kurt Maniquis Page 49


RULE 12
BILL OF PARTICULARS

Section 1. When applied for; purpose.


Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any
matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his
responsive pleading. If the pleading is a reply, the motion must be filed within ten (10) days from service thereof.
Such motion shall:
1. point out the defects complained of
2. the paragraphs wherein they are contained, and
3. the details desired.

Sec. 2. Action by the court.


Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court which may
either deny or grant it outright, or allow the parties the opportunity to be heard.

Sec. 3. Compliance with order.


If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (l0) days
from notice of the order, unless a different period is fixed by the court. The bill of particulars or a more definite
statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof
on the adverse party.

Sec. 4. Effect of non-compliance.


If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the
pleading or the portions thereof to which the order was directed or make such other order as it deems just.

Sec. 5. Stay of period to file responsive pleading.


After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the
moving party may file his responsive pleading within the period to which he was entitled at the time of filing his
motion, which shall not be less than five (5) days in any event.

Sec. 6. Bill a part of pleading.


A bill of particulars becomes part of the pleading for which it is intended.

RULE 12 CASES
1. Agcanas vs. Mercado
- Suspension of reglementary period to answer in case of MD or Bill of Particulars

2. Santos v. Liwa

Kurt Maniquis Page 50


RULE 13
FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS

Section 1. Coverage.
This Rule shall govern the filing of all pleadings and other papers, as well as the service thereof, except those for
which a different mode of service is prescribed.

Sec. 2. Filing and service, defined.


Filing is the act of presenting the pleading or other paper to the clerk of court.
Service is the act of providing a party with a copy of the pleading or paper concerned. If any party has appeared by
counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is
ordered by the court. Where one counsel appears for several parties, he shall only be entitled to one copy of any
paper served upon him by the opposite side.

Sec. 3. Manner of filing.


The filing of pleadings, appearances, motions, notices, orders, judgments and all other papers shall be made by
presenting the original copies thereof, plainly indicated as such,
1. personally to the clerk of court - the clerk of court shall endorse on the pleading the date and hour of filing
2. by sending them by registered mail - the date of the mailing of motions, pleadings, or any other papers or
payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be considered
as the date of their filing, payment, or deposit in court. The envelope shall be attached to the record of the case.

Sec. 4. Papers required to be filed and served.


Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance,
demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected.

Sec. 5. Modes of service.


Service of pleadings, motions, notices, orders, judgments and other papers shall be made either personally or by
mail.

1.) Sec. 6. Personal service.


Service of the papers may be made:

a. by delivering personally a copy to the party or his counsel, or by leaving it in his office with his clerk or with a
person having charge thereof.

b. If no person is found in his office, or his office is not known, or he has no office, then by leaving the copy,
between the hours of eight in the morning and six in the evening, at the party's or counsel's residence, if known, with
a person of sufficient age and discretion then residing therein.

2.) Sec. 7. Service by mail.


Service by registered mail shall be made:

a. by depositing the copy in the office, in a sealed envelope, plainly addressed to the party or his counsel at his
office, if known, otherwise at his residence, if known, with postage fully pre-paid, and with instructions to the
postmaster to return the mail to the sender after ten (l0) days if undelivered.

Kurt Maniquis Page 51


b. If no registry service is available in the locality of either the sender or the addressee, service may be done by
ordinary mail.

3.) Sec. 8. Substituted service.


If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two
preceding sections, the office and place of residence of the party or his counsel being unknown, service may be
made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail.
The service is complete at the time of such delivery.

Sec. 9. Service of judgments, final orders or resolutions.


Judgments, final orders or resolutions shall be served either personally or by registered mail. When a party
summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him shall
be served upon him also by publication at the expense of the prevailing party.

Sec. 10. Completeness of service.


a. Personal service is complete upon actual delivery.

b. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing, unless the court
otherwise provides.

c. Service by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date
he received the first notice of the postmaster, whichever date is earlier.

Sec. 11. Priorities in modes of service and filing.


Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except
with respect to papers emanating from the court, a resort to other modes must be accompanied by a written
explanation why the service or filing was not done personally. A violation of this Rule may be cause to consider the
paper as not filed.

Sec. 12. Proof of filing.


The filing of a pleading or paper shall be proved by:
a. its existence in the record of the case.

b. If it is not in the record, but is claimed to have been filed personally, the filing shall be proved by the written or
stamped acknowledgment of its filing by the clerk of court on a copy of the same;

c. if filed by registered mail, by the registry receipt and by the affidavit of the person who did the mailing,
containing a full statement of the date and place of depositing the mail in the post office in a sealed envelope
addressed to the court, with postage fully prepaid, and with instructions to the postmaster to return the mail to the
sender after ten (10) days if not delivered.

Sec. 13. Proof of service.

I. Proof of personal service shall consist of:


a. a written admission of the party served, or
b. the official return of the server, or
c. the affidavit of the party serving, containing a full statement of the date, place and manner of service.

Kurt Maniquis Page 52


II. If the service is by ordinary mail
a. proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with section 7 of this
Rule.

III. If service is made by registered mail


a. proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card
shall be filed immediately upon its receipt by the sender or in lieu thereof the unclaimed letter together with the
certified or sworn copy of the notice given by the postmaster to the addressee.

Sec. 14. Notice of lis pendens.


In an action affecting the title or the right of possession of real property, the plaintiff and the defendant, when
affirmative relief is claimed in his answer, may record in the office of the registry of deeds of the province in
which the property is situated a notice of the pendency of the action. Said notice shall contain the names of the
parties and the object of the action or defense, and a description of the property in that province affected thereby.
Only from the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected
thereby, be deemed to have constructive notice of the pendency of the action, and only of its pendency against the
parties designated by their real names.

The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, after proper
showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the
rights of the party who caused it to be recorded.

RULE 13
1. Solars Entertainment
- Personal service or filing is mandatory unless not practicable and if made through other modes, there must
be a written explanation

2. Benguet vs NLRC
- Transmission through a private carrier is not a recognized mode of filing pleadings
- The date of actual receipt of the court is the date of filing
- The post office is an instrumentality of the court

3. Alimpoos vs CA
- Service on the offended party is not notice to counsel

4. Magno vs CA
- Service of notice by mail becomes effective at the expiration of the 5-day period upon failure of addressee
to claim his mail within 5 days from date of first notice

5. Adamson vs Adamson
- Service of papers should be delivered personally to the party, counsel, counsels clerk or person in charge

6. Viacruz v. Estenzo
- Default order before expiration of time is null and void
- Defendants subsequent failure will not cure the defect
- Actual receipt or first notice = whichever is earlier

7. Sapida v. Arandonilla
- If there are 2 opposing affidavits as to receipt of order, the court must examine both

Kurt Maniquis Page 53


8. Aramburo vs CA
- Must contain a registry return receipt from opposing counsel to constitute proof of service

9. Patricio vs Leviste
- What the law prevents is the lack of opportunity to be heard and not the lack of previous notice

10. Santos v. CA
- Judgments: actual or constructive notice
- Actual actual receipt
- Constructive failure to claim within 5 days
- Certification of post master 3 notices; proof of delivery

Kurt Maniquis Page 54


RULE 14
SUMMONS

Section 1. Clerk to issue summons.


(when)Upon the filing of the complaint and the payment of the requisite legal fees, (who)the clerk of court shall
forthwith issue the corresponding summons to (whom) the defendants.

Sec. 2. Contents.
The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain:
(a) the name of the court and the names of the parties to the action;

(b) a direction that the defendant answer within the time fixed by these Rules;

(c) a notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the
relief applied for.

A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and
each copy of the summons.

Sec. 3. By whom served. (exclusive enumeration)


The summons may be served by the sheriff, his deputy, or other proper court officer, or for justifiable reasons by any
suitable person authorized by the court issuing the summons.

Sec. 4. Return.
When the service has been completed, the server shall, within five (5) days therefrom, serve a copy of the return,
personally or by registered mail, to the plaintiff's counsel, and shall return the summons to the clerk who issued it,
accompanied by proof of service.
NOTES:
What is the reason of serving it to the Plaintiff? Why not w/ the D?
- So that P will be able to move D in default
- to determine Whether the summons were properly served---
- whether the return if the service is via substi service the circumstances---to state effort---no presumption of
regularity---primary purpose

Sec. 5. Issuance of alias summons.


If a summons is returned without being served on any or all of the defendants, the server shall also serve a copy of
the return on the plaintiff's counsel, stating the reasons for the failure of service, within five (5) days therefrom. In
such a case, or if the summons has been lost, the clerk, on demand of the plaintiff, may issue an alias summons.

NOTES:

How is summons served? What are the modes?

1. personal
2. substi service
3. publication
4. extra-territorial

Kurt Maniquis Page 55


what are the modes of extraterritorial service?

1. personal
2. publication
3. methods w/c the court may deem sufficient

1.) Sec. 6. Service in person on defendant.


Whenever practicable, the summons shall be served by:
a. handing a copy thereof to the defendant in person, or,
b. if he refuses to receive and sign for it, by tendering it to him.

2.) Sec. 7. Substituted service.


If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the preceding
section, service may be effected:

(a) by leaving copies of the summons at the defendant's residence with some person of suitable age and discretion
then residing therein, or

(b) by leaving the copies at defendant's office or regular place of business with some competent person in charge
thereof.

Sec. 8. Service upon entity without juridical personality.


When persons associated in an entity without juridical personality are sued under the name by which they are
generally or commonly known, service may be effected upon all the defendants by serving upon any one of them, or
upon the person in charge of the office or place of business maintained in such name. But such service shall not bind
individually any person whose connection with the entity has, upon due notice, been severed before the action was
brought.

Sec. 9. Service upon prisoners.


When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him by the officer
having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose.

Sec. 10. Service upon minors and incompetents.


When the defendant is a minor, insane or otherwise an incompetent, service shall be made upon him personally and
on his legal guardian if he has one, or if none, upon his guardian ad litem whose appointment shall be applied for by
the plaintiff. In the case of a minor, service may also be made on his father or mother.

Sec. 11. Service upon domestic private juridical entity.


When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a
juridical personality, service may be made on the president, managing partner, general manager, corporate
secretary, treasurer, or in-house counsel.

Sec. 12. Service upon foreign private juridical entity. (compare with section 15)
1.) When the defendant is a foreign private juridical entity which has transacted business in the Philippines,
(registered)

a. service may be made on its resident agent designated in accordance with law for that purpose, or

Kurt Maniquis Page 56


b. if there be no such agent, on the government official designated by law to that effect, or on any of its officers or
agents within the Philippines.

2.) If the foreign private juridical entity is not registered in the Philippines or has no resident agent,service may, by
leave of court, be effected out of the Philippines through any of the following means:

a. By personal service coursed through the appropriate court in the foreign country with the assistance of the
Department of Foreign Affairs

b. By publication once in a newspaper of general circulation in the country where the defendant may be found and
by serving a copy of the summons and the court order by registered mail at the last known address of the defendant

c. By facsimile or any recognized electronic means that could generate proof of service

d. By such other means as the court may in its discretion direct

NOTES:
take note of the periods-
1. resident agents 15 days fr receipt
2. if govt- 30 days receipt fr home office
3. other
- a non-resident foreign corp cannot be sued bec it is impossible for the court to acquire J

3.) Sec. 13. Service upon public corporations.


When the defendant is the Republic of the Philippines, service may be effected on the Solicitor General; in case of a
province, city or municipality, or like public corporations, service may be effected on its executive head, or on such
other officer or officers as the law or the court may direct.

4.) Sec. 14. Service upon defendant whose identity or whereabouts are unknown.
- conversion of an action in personam to in rem or quasi in rem

In any action where the defendant is designated as an unknown owner, or the like, or whenever his whereabouts are
unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be effected upon him by
publication in a newspaper of general circulation and in such places and for such time as the court may
order.
- contemplates a situation where D is a resident of the Phils.,
5.) Sec. 15. Extraterritorial service.
When the defendant does not reside and is not found in the Philippines, and the action affects the personal
status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the
defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in
part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within
the Philippines, service may, by leave of court, be effected out of the Philippines:

a. by personal service as under section 6; or

b. by publication in a newspaper of general circulation in such places and for such time as the court may
order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known
address of the defendant, or in any other manner the court may deem sufficient. Any order granting such leave shall

Kurt Maniquis Page 57


specify a reasonable time, which shall not be less than sixty (60) days after notice, within which the defendant must
answer.

6.) any other modes that the court may require

NOTES:
if service is made extraterritorial- the court may fix another pd ( usually 15) ---but not be less than 60 days after
notice- can be 100 days, di pwd 50
Rule 11
when can there be extraterritorial service? only action in rem or quasi in rem---
sec 14 action is originally in personam and you convert it in rem here in rem kagad
personal status of the plaintiff or
relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or
interest, actual or contingent
the property of the defendant has been attached within the Philippines

Sec. 16. Residents temporarily out of the Philippines.


When any action is commenced against a defendant who ordinarily resides within the Philippines, but who is
temporarily out of it, service may, by leave of court, be also effected out of the Philippines, as under the preceding
section.

Sec. 17. Leave of court.


Any application to the court under this Rule for leave to effect service in any manner for which leave of court is
necessary shall be made by motion in writing, supported by affidavit of the plaintiff or some person on his behalf,
setting forth the grounds for the application.

Sec. 18. Proof of service.


The proof of service of a summons shall be made in writing by the server and shall set forth the manner, place, and
date of service; shall specify any papers which have been served with the process and the name of the person who
received the same; and shall be sworn to when made by a person other than a sheriff or his deputy.

Sec. 19. Proof of service by publication.


If the service has been made by publication, service may be proved by:

a. the affidavit of the printer, his foreman or principal clerk, or of the editor, business or advertising manager, to
which affidavit a copy of the publication shall be attached, and

b. by an affidavit showing the deposit of a copy of the summons and order for publication in the post office, postage
prepaid, directed to the defendant by registered mail to his last known address.

Sec. 20. Voluntary appearance.


The defendant's voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a
motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be
deemed a voluntary appearance.

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RULE 14 CASES
Service of summons with the amended complaint

1. De Dios v. CA
- It is only when new causes of action are alleged in an amended complaint filed before the defendant has
appeared in court that another summons must be served on the defendant with the amended complaint
- No summons needed in case of supplemental pleading

By whom served

2. Bello v. Ubo
- A policeman not especially authorized by the court to serve the summons cannot validly serve the courts
summons
- Enumeration exclusive

Substituted service

3. Ang Ping v. CA
- Summons must be served upon the defendant himself and it is only when the defendant cannot be served
personally within a reasonable time that substituted service may be resorted to and such impossibility of
prompt service should be shown by stating that efforts have been made to find the defendant personally and
that such efforts have failed
- Where there is substituted service, there should be a report indicating that the person who received the
summons in the defendants behalf was one with whom petitioner had a relation of confidence that would
ensure that the latter will receive or be notified of the summons issued in his name

4. BPI v. Evangelista
- The return 1. did not indicate the impossibility of a personal service of summons within a reasonable time
2. specify the efforts exerted by the process server to locate respondents
3. did not state that the summonses had been served upon its president, managing partner,
general manager, corporate secretary, treasurer, in-house counsel

5. Keister v. Navarro
- Substituted service

6. Arevalo v. Quilatan
- The return must indicate the impossibility of prompt service and the efforts made to find the defendants
personally

7. Venturanza v. CA
- The return must indicate the impossibility of prompt service and the efforts made to find the defendants
personally

8. Sandoval v. HRET
- No indication of impossibility of service; service to maintenance insufficient
- What are the reqts for a valid service of summons?
1. impossibility of service of summons w/in reasonable time
2. efforts made to serve summons
3. state as to whom it was received---that the person has the sufficient age and discretion residing therein and
competent person in office or business
---all of these must be stated in the return and you cannot invoke presumption of regularity of service of summons

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9. Paluwagan v. King
- Although private respondents were sued in their capacity as directors and officers of MFC, they are, nevertheless,
being held personally liable for the obligation subject of the litigation under the complaint filed by petitioner. Hence,
the rule on personal service of summons must be observed in that summons must be served personally on private
respondents or, if they refuse to receive the same, by tendering it to them.

The proof of service prepared by the sheriff does not show that such personal service of summons was effected. The
office address of the corporation as indicated in the complaint does not appear to be the office address of private
respondents as they were no longer connected with the corporation then. Personal service of summons should have
been made on them at their residences as shown in the records of the Securities and Exchange Commission and the
Central Bank.

10. Busuego v. CA
- There must be exertion of prior efforts to serve summons personally essential before resorting to substituted
service

Service upon incompetents

11. Immaculata v. Navarro


- Service of alias summons upon the guardian ad litem is service upon the defendant

Service upon domestic private juridical entity

12. Far Corp. v. Francisco


- as Administrative Chief is responsible for the management of the corporation which places him on the level
of a manager contemplated by the Rules. As Chief of Finance, he is conferred with vital and sensitive
functions and responsibilities. Under corporate and management organizational structure, a finance officer
even holds a higher position than that of a cashier. Otherwise stated, Mr. Dizon is not one of the lesser
officers of the corporation who would not have been able to appreciate the importance of the papers
delivered to him. On the contrary, he falls squarely under the term Agent who is authorized by law to
receive the processes of the Court for the corporation.

13. Mapa v. CA
- Service upon private domestic corporation or partnership. If the defendant is a corporation organized
under the laws of the Philippines or a partnership duly registered, services may be made on the president,
manager, secretary, cashier, agent, or any of its directors.

14. Golden Country v. Sanvar


- Actual receipt of summons by clerk-typist on behalf of officer of corporation holding office at that address
is substantial compliance with the rules

15. EB Vllarosa v. Benito


- designation of persons or officers who are authorized to accept summons for a domestic corporation or
partnership is now limited and more clearly specified in Section 11, Rule 14 of the 1997 Rules of Civil
Procedure. The rule now states "general manager" instead of only "manager"; "corporate secretary" instead
of "secretary"; and "treasurer" instead of "cashier." The phrase "agent, or any of its directors" is
conspicuously deleted in the new rule.

Kurt Maniquis Page 60


Service upon defendant whose identity or whereabouts are unknown

16. Citizens Surety v. Melencio-Herrera


- the action of plaintiff petitioner, being in personam, the Court could not validly acquire
jurisdiction on a non-appearing defendant, absent a personal service of summons within the
forum. We have explicitly so ruled in Pantaleon v. Asuncion, 105 Phil. 765, pointing out without
such personal service, any judgment on a non-appearing defendant would be violative of due
process. In the aforecited case this Court, through Justice Roberto Concepcion, now Chief
Justice, ruled as follows: . . . "It is a well-settled principle of Constitutional Law that, in an action
strictly in personam, like the one at bar, personal service of summons, within the forum, is
essential to the acquisition of jurisdiction over the person of the defendant, who does not
voluntary submit himself to the authority of the court. In other words, summons by publication
cannot consistently with the due process clause in the Bill of Rights confer upon the court
jurisdiction over said defendants.Due process of law requires personal service to support a
personal judgment, and, when the proceeding is strictly in personam brought to determine the
personal rights and obligations of the parties, personal service within the state or a voluntary
appearance in the case is essential to the acquisition of jurisdiction so as to constitute
compliance with the constitutional requirement of due process.

17. Magdalena v. Nieto


- In an action strictly in personam, personal service of summons within the forum is required for the court to
acquire jurisdiction over the person of the defendant; Summons by publication cannot consistently with due
process, confer upon the court jurisdiction over the defendant

Extraterritorial service

18. Dial Corp. v. Soriano


- four (4) instances is extraterritorial service of summons proper, namely:
(1) when the action affects the personal status of the plaintiffs;
(2) when the action relates to, or the subject of which is, property within the Philippines, in which
the defendant has or claims a lien or interest, actual or contingent;
(3) when the relief demanded in such action consists, wholly or in part, in excluding the
defendant from any interest in property located in the Philippines; and
(4) when the defendant non-resident's property has been attached within the Philippines

19. Banco de Brasil v. CA


- Same with Dial

20. Cariaga v. Malaya


- Same

21. Valmonte v. CA
- a nonresident who is not found in the Philippines, service of summons on him must be in accordance with
Rule 14, 17. Such service, to be effective outside the Philippines, must be made either (1) by personal
service; (2) by publication in a newspaper of general circulation in such places and for such time as the
court may order, in which case a copy of the summons and order of the court should be sent by registered
mail to the last known address of the defendant; or (3) in any other manner which the court may deem
sufficient.

22. Romualdez-Licaros v. Licaros


- Section 15 of Rule 14, a defendant who is a non-resident and is not found in the country may be served
with summons by extraterritorial service in four instances: (1) when the action affects the personal status

Kurt Maniquis Page 61


of the plaintiff; (2) when the action relates to, or the subject of which is property within the Philippines, in
which the defendant has or claims a lien or interest, actual or contingent; (3) when the relief demanded
consists, wholly or in part, in excluding the defendant from any interest in property located in the
Philippines; or (4) when the property of the defendant has been attached within the Philippines.
- In these instances, extraterritorial service of summons may be effected under any of three modes: (1) by
personal service out of the country, with leave of court; (2) by publication and sending a copy of the
summons and order of the court by registered mail to the defendants last known address, also with leave of
court; or (3) by any other means the judge may consider sufficient.

Residents temporarily out of the the Philippines

23. Montalban v. Maximo


- Residents temporarily out of the Philippines. When an action is commenced against a defendant who
ordinarily resides within the Philippines, but who is temporarily out of it, service may, by leave of court, be
effected out of the Philippines, as under the preceding section.

- It is immaterial then that defendant does not in fact receive actual notice. This will not affect the validity of
the service.21 Accordingly, the defendant may be charged by a judgment in personam as a result of legal
proceedings upon a method of service which is not personal, "which in fact may not become actual notice
to him," and which may be accomplished in his lawful absence from the country. 22 For, the rules do not
require that papers be served on defendant personally or a showing that the papers were delivered to
defendant by the person with whom they were left.

24. HSBC v. Catalan


- Filing of motions seeking affirmative relief such as for extension of time are considered voluntary
submission to the courts jurisdiction

25. Minucher v. CA
- Motion for extension of time to answer and an answer with counterclaim; voluntary appearance

Voluntary appearance

Busuego v. CA, supra No. 10

ADDITIONAL:
Manotoc vs CA
- sufficient age 18 y/o with reasonable discretion knows English, has relationship with defendant and
resides with defendant
- reasonable period one month from issuance
- reasonable attempt at least 3 times

Robinson vs Miralles
- Substituted service on security guard
- In his Return, Sheriff Potente declared that he was refused entry by the security guard in Alabang Hills
twice. The latter informed him that petitioner prohibits him from allowing anybody to proceed to her
residence whenever she is out. Obviously, it was impossible for the sheriff to effect personal or substituted
service of summons upon petitioner. We note that she failed to controvert the sheriffs declaration. Nor
did she deny having received the summons through the security guard.

Kurt Maniquis Page 62


- Considering her strict instruction to the security guard, she must bear its consequences. Thus, we agree
with the trial court that summons has been properly served upon petitioner and that it has acquired
jurisdiction over her.

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RULE 15
MOTIONS

NOTES:
A motion is an application for relief (permanent or temporary) other than by a pleading. more accurate
former definition: a motion is an application for an order not included in the judgment
pleading is an stmt of ultimate facts constituting the parties cause of action or defense
May a pleading be amended after a motion to dismiss have been filed? or a motion to dismiss is granted?
yes, bec a motion is not a pleading
amendment of pleading as a matter of rightbefore responsive pldg is filed
if no cause of action- your answer it as an affirmative defense
if there is a motion, no more amendment
May a motion pray for judgment? yesmotion for judgment of pldgs, motion for judgment for demurrer to
evidence (crimpro)
reqts for a valid motion? Impt Sec 4, 5 and 6 are impt
1. sec 2 in writing
2. sec 3 relief and ground
3. supporting affidavits
4. sec 4 notice of the motion and must be given to ALL the parties ( due process)
5. to ensure its receipt by the other party at least three (3) days before the date of hearing
6. sec 5 time and place
7. sec 6 proof of service except when court is satisfied that rights of parties not affected
what is the effect of giving notice less than 3 days before hearing?
matter is addressed to the courts sound discretion
esp when served by mail of course personal service is reqd but sometimes due to distance, send motion via mail ( eg
fr Angeles to Manila)
sometimes you do not receive it 3 days before hearing lalo na you have 10 days fr filing of motion there shld be a
hearing
for your secy and office manager to get the notice 5 days fr 1 st notice para di mo ma-receive kagadif you know the
contents of the notice pag-aralan mo na muna, you can get the copy fr the court already.
Reason for the 3 day notice reqt: ( PROOF RETURN CARD)
to prevent surprises
enable the adverse party to study and oppose it if he wants.

before pre-trial---there shld be an ANSWER 1 ST

Section 1. Motion defined.


A motion is an application for relief other than by a pleading.

AS TO FORM:
Sec. 2. Motions must be in writing.
All motions shall be in writing except those made in open court or in the course of a hearing or trial.

AS TO SUBSTANCE:
Sec. 3. Contents.
A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by these
Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers.

Kurt Maniquis Page 64


Sec. 4. Hearing of motion.
Except for motions which the court may act upon without prejudicing the rights of the adverse party(non-litigious)
every written motion shall be set for hearing by the applicant.

Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as
to ensure its receipt by the other party at least three (3) days before the date of hearing, unless the court for good
cause sets the hearing on shorter notice.

Sec. 5. Notice of hearing.


The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing
which must not be later than ten (10) days after the filing of the motion.

NOTES:
Effect if no notice of hearing
treated as a mere scrap of paper ( pwd mo na pambalot ng tinapa) which produces no legal effect, clerk of court not
bound to receive it
effect if incomplete and no proof of service---scrap of paper, not a motion at all

Sec. 6. Proof of service necessary.


No written motion set for hearing shall be acted upon by the court without proof of service thereof.

NOTES:
personal service---actual receipt and affidavit
registered mail---registry receipt, affidavit, return card

Sec. 7. Motion day.


Except for motions requiring immediate action, all motions shall be scheduled for hearing on Friday afternoons, or
if Friday is a non-working day, in the afternoon of the next working day.

Sec. 8. Omnibus motion.


Subject to the provisions of section 1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall
include all objections then available, and all objections not so included shall be deemed waived.

Sec. 9. Motion for leave.


A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be
admitted.

Sec. 10. Form.


The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature,
and other matters of form.

RULE 15 CASES
1. Moya v. Barton
Notice and hearing of motion for extension are not necessary.
- may be heard ex parte

2. Tan v. Dimayuga
- A motion without proof of service is mere scrap of paper

Kurt Maniquis Page 65


3. Yap v. CA
- No notice of hearing required in ex parte prceedings

4. Azajar v. CA
- Notice of hearing addressed to all parties

5. Corpus v. Corpus
- State the time and place of hearings

6. BPI v. Far East Molasses Corp.


- Motion without notice of hearing does not stop reglementary period

7. Filipinas v. Magsino
- court may set hearing

Kurt Maniquis Page 66


RULE 16
MOTION TO DISMISS
- Partakes the nature of a demurrer

NOTES:
MOTION TO DISMISS partakes the nature of a demurrer and as such it hypothetically admits the truth of facts
made in the complaint but unlike demurrer, motion may also be based on the facts not alleged and even deny facts
not alleged in the complaint
what is the difference bet demurrer and motion to dismiss?
D- filed after presentation of evidence
M- filed before presentation of evidence or even before action is filed
- pertains to new matters not discussed in the complaint
Is a motion to dismiss a responsive pldg? notherefore you can amend your pdlg as a matter of right even there is a
motion to dismiss bec a motion to dismiss is not a responsive pldg.

Section 1. Grounds.
Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss
may be made on any of the following grounds: (affirmative defenses)

(a) That the court has no jurisdiction over the person of the defending party; (summons)
- summons2 ways to acquire J: proper service of summons and voluntary appearance
but if there is a ground of motion to dismiss because of improper service of summons, that will not
preclude the court from issuing alias summons to rectify defects

(b) That the court has no jurisdiction over the subject matter of the claim;

(c) That venue is improperly laid; (can be raised with answer)


the rule on venue:
1. stipulation and it is exclusive
2. if no stipulation, Law or special law
3. no contract no special law, go the GeneraL law----Real action where it is located.Personal
Action---option of the P
4. where he is not a resident but can be found---where he may be found
5. where the D is non-resident and not found
action is in rem:
1. status of P---where P resides
2. property of D in the Phils-place where it is found

(d) That the plaintiff has no legal capacity to sue; (minors or incompetent)
when will it happen? when he does not possess the necessary qualification to appear on trial, if he is not
in full exercise of civil rights:
1. minor---parents
2. no char or rep which he claimsclaims that he is the trustee but he is not

Kurt Maniquis Page 67


do not confuse lack of legal cap to sue v Lack of legal personality to sue
lack of legal cap to sue---disability to sue, minority
legal personality to sue---P is not the real party in interest and the ground for dismissal is for failure to
state cause of action

(e) That there is another action pending (not necessarily a prior case) between the same parties for the same
cause; (consolidate)

(f) That the cause of action is barred by a prior judgment or by the statute of limitations;

(g) That the pleading asserting the claim states no cause of action; (non-existent vs imperfect cause of action)
cause of action---right---obli---delict or wrong---if no allegation here- no cause of action
iba naman ang no cause of action---he was not able to prove cause of action- judgment on demurrer to
evidence
dito states lang---if you do not raise it deemed waived---reason-bec there is such thing as amendment to
conform to the evidence
effect---presupposes or there is hypothetical admission by D on the facts alleged in the complaint- the
allegations in the complaint must be accepted as true and correct
- judgment must be determined by the 4 corners of the complaint
when do you say that there is an allegation of ultimate facts? if hypothetically admit them as true, court
can render judgment
assuming there are excess to the complaint. when there are contradictions made in the compliant- the
annexes shld not be considered but the bare allegation but if annexes are the essence of the cause of
action they are admitted.
when the recitals in the annexes are basic ultimate facts, the complaint may be dismissed where fr said
recitals the P has no cause of action

(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or
otherwise extinguished;

(i) That the claim on which the action is founded is unenforceable under the provisions of the statute of frauds;
and
take note of statute of frauds---personal prop if more that p4k, it must be
real prop---must be in writing
exception---if w/ partial or total performance of obli.
a. Ill sell to you my h and lot, this is the title, Im selling it at p1m---perfected contract of sale-
object and price certain in money
next day---ayoko nathere is a valid sale but cannot be enforced
b. I sell- You accept---perfected sale, Php 1 dp---it is enforceable bec there is already a partial
performance

(j) That a condition precedent for filing the claim has not been complied with.
Katarungang Pambaranggay law, family counsel, exhaustion to admin remedy
who may file?

Kurt Maniquis Page 68


1. orig D
2. 3rd party D
3. co-party in a cross-claim

Sec. 2. Hearing of motion.


At the hearing of the motion, the parties shall submit their arguments on the questions of law and their evidence on
the questions of fact involved except those not available at that time. Should the case go to trial, the evidence
presented during the hearing shall automatically be part of the evidence of the party presenting the same.

Sec. 3. Resolution of motion.


After the hearing, the court may:
1. dismiss the action or claim
2. deny the motion, or
3. order the amendment of the pleading.

The court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable.
In every case, the resolution shall state clearly and distinctly the reasons therefor.

Sec. 4. Time to plead.


a. If the motion is denied
- the movant shall file his answer within the balance of the period prescribed by Rule 11 to which he was entitled at
the time of serving his motion, but not less than five (5) days in any event, computed from his receipt of the notice
of the denial.

b. If the pleading is ordered to be amended


- he shall file his answer within the period prescribed by Rule 11 counted from service of the amended pleading,
unless the court provides a longer period.

Sec. 5. Effect of dismissal.


Subject to the right of appeal, an order granting a motion to dismiss based on paragraphs (f), (h) and (i) of section 1
hereof shall bar the refiling of the same action or claim.

NOTES:
1. Subject to the right of appeal, an order granting a motion to dismiss based on paragraphs (f), (h) and (i) (
these are appealable) of section 1 hereof shall bar the refiling of the same action or claim.
(f) That the cause of action is barred by a prior judgment or by the statute of limitations;
res judicata and prescription of action under 1139 to 1155 of NCC
(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or
otherwise extinguished;
extinctive prescription---art 1117 to 1138
(i) That the claim on which the action is founded is unenforceable under the provisions of the statute
of frauds; and
If curable by amendment, what action will follow?
- court must give reasonable oppty to amend his complaint- Remington v CA-=--amend it as a matter of right
before responsive pldg is served

Kurt Maniquis Page 69


Sec. 6. Pleading grounds as affirmative defenses.
If no motion to dismiss has been filed, any of the grounds for dismissal provided for in this Rule may be
pleaded as an affirmative defense in the answer and, in the discretion of the court, a preliminary hearing may be
had thereon as if a motion to dismiss had been filed.
The dismissal of the complaint under this section shall be without prejudice to the prosecution in the same or
separate action of a counterclaim (whether permissive or compulsory) pleaded in the answer.

when do you use motion to dismiss or affirmative answer?


if curable by amendment not motion to dismiss but an answer
pag din a pwd dagdagan ang cause of action if may answer na, if the answer is substantial that it will make you
answer for a liab entirely different or more in the orig complaint you can object to it

RULE 16 CASES
1. La Naval Drug v. CA
- Any ground for dismissal in a motion to dismiss, except improper venue, may, as further set forth in
Section 5 of the same rule, be pleaded as an affirmative defense and a preliminary hearing may be had
thereon as if a motion to dismiss had been filed. An answer itself contains the negative, as well as
affirmative, defenses upon which the defendant may rely (Section 4, Rule 6, Rules of Court). A negative
defense denies the material facts averred in the complaint essential to establish the plaintiff's cause of
action, while an affirmative defense in an allegation of a new matter which, while admitting the material
allegations of the complaint, would, nevertheless, prevent or bar recovery by the plaintiff. Inclusive of these
defenses are those mentioned in Rule 16 of the Rules of Court which would permit the filing of a motion to
dismiss.
- In the same manner that the plaintiff may assert two or more causes of action in a court suit, a defendant is
likewise expressly allowed, under Section 2, Rule 8, of the Rules of Court, to put up his own defenses
alternatively or even hypothetically. Indeed, under Section 2, Rule 9, of the Rules of Court, defenses and
objections not pleaded either in a motion to dismiss or in an answer, except for the failure to state a cause
of action, are deemed waived. We take this to mean that a defendant may, in fact, feel enjoined to set up,
along with his objection to the court's jurisdiction over his person, all other possible defenses. It thus
appears that it is not the invocation of any of such defenses, but the failure to so raise them, that can result
in waiver or estoppel. By defenses, of course, we refer to the grounds provided for in Rule 16 of the Rules
of Court that must be asserted in a motion to dismiss or by way of affirmative defenses in an answer.

Lis Pendens

2. Arceo v. Oliveros
- Litis pendencia applies to a counterclaim
- requisites for litis pendencia:
1) Identity of parties or at least such as representing the same interest in both actions;
2) Identity of rights asserted and prayed for, the relief being founded on the same facts; and
3) the Identity in both cases is such that the judgment which may be rendered in the pending case, regardless of
which party is successful, would amount to res judicata in the other case.

3. Ramos v. Peralta
- Case with bigger scope shall survive than the case with smaller scope

4. Victronics v. RTC
- Case with bigger scope shall survive than the case with smaller scope

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5. Ramos vs Ebarle
- Litis pendencia

6. Suntay vs Aguiluz
- No litis pendencia; foreclosure case litigable even if there is an injunction case

7. Pascua vs Florendo
- No res judicata if judgment not on the merits

Res judicata

8. Lee Bun Ting vs Aligaen


- Posterior changes in doctrine cannot retroactively apply to nullify a prior ruling which is final
- Judicial interpretation retroacts on the date the law was enacted

9. Enriquez vs Boyles
- Same with lee bun ting

10. NHA vs Almeda


- Final adjudication of quasi judicial body on the property and rights of citizen may be pleaded as res
judicata

No cause of action

11. Lim vs delos Santos


- A MD based on failure to state cause of action should be deemed to have admitted the truth of the facts
averred

12. Tan v. CA
- Gen rule: upon filing of a MD, averments in the complaint are deemed hypothetically admitted
- Unless: issues subject to judicial notice

13. Tan v. Director of Forestry


- Judicial notice that at the time the Timber-License Agreement was granted, it comprises the entire
Olongapo watershed

Effect of dismissal

14. Cruz vs Caraos Rule 17 ***


- Dismissal not on the merits does not constitute res judicata

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RULE 17
DISMISSAL OF ACTIONS

Dismissal not only in Rule 16


there are 3 other instances
classify:
Sec 1 dismissal by mere notice by P
Sec 2 by leave of court
Sec 3 due to fault of P

1.) Section 1. Dismissal upon notice by plaintiff. (as a matter of right)


A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the
answer or of a motion for summary judgment. Upon such notice being filed, the court shall issue an order
confirming the dismissal

The dismissal is without prejudice unless:


1. otherwise stated in the notice
2. that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a
competent court an action based on or including the same claim. (2 dismissal rule)

NOTES:
amendment as a matter of right service of RP
here- anytime pwd mo dismiss
cut off:
anytime
1. time before service of the answer
2. or of a motion for summary judgment

the dismissal is without prejudice unless


1. stated in the notice kaw mismo nagsabi
2. a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a
competent court an action based on or including the same claim.

2 dismissal rule when the same complaint has 2x been dismissed by P by mere notice or w/o leave of court the 2nd
dismissal is deemed w/ prejudice
eg you filed an action, bigyan ka ng tip na matatalo ka---dismiss then raffle ulit same judge patay ka na w/
prejudice.

2.) Sec. 2. Dismissal upon motion of plaintiff.


Except as provided in the preceding section, a complaint shall not be dismissed at the plaintiff's instance save upon
approval of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been
pleaded by a defendant prior to the service upon him of the plaintiff's motion for dismissal, the dismissal shall be
limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to prosecute his
counterclaim in a separate action unless within fifteen (15) days from notice of the motion he manifests his
preference to have his counterclaim resolved in the same action (no period in Rule 16 sec.6 (2). Unless otherwise
specified in the order, a dismissal under this paragraph shall be without prejudice. A class suit shall not be
dismissed or compromised without the approval of the court.

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NOTES:
May a class suit be dismissed? always w/ the approval of the court and not by mere notice
May P dismiss his complaint after service of a motion for summary judgment?
Gen rule complaint not allowed to be dismissed
except:
1. order of court
2. terms and cond the court may deem proper
May D who has pleaded a CoC ask that CoC be heard in the same court? yes, even if the main complaint has been
dismissed upon motion of the P.

3.) Sec. 3. Dismissal due to fault of plaintiff.


If, for no justifiable cause:
1. the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint, or
2. to prosecute his action for an unreasonable length of time, or
3. to comply with these Rules or any order of the court

- the complaint may be dismissed upon motion of the defendant or upon the court's own motion, without
prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate action. This
dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court.

Sec. 4. Dismissal of counterclaim, cross-claim, or third-party complaint.


The provisions of this Rule shall apply to the dismissal of any counterclaim, cross-claim, or third-party complaint. A
voluntary dismissal by the claimant by notice as in section 1 of this Rule, shall be made:

a. before a responsive pleading or a motion for summary judgment is served or

b. if there is none, before the introduction of evidence at the trial or hearing.

RULE 17 CASES
Dismissal upon notice by plaintiff

1. Go vs Cruz
- Notice of dismissal must be filed before service of answer or motion for a summary judgment

Dismissal upon motion of plaintiff

2. BA Finance vs Rufino Co
- Remedy of defendant in pursuing counterclaim is to have the plaintiff declared non-suited on the complaint
so that the latter can no longer present evidence and move to declare plaintiff in default and reserve right to
present evidence ex parte on his counterclaim

3. Olympia vs CA
- A case attaining finality can only be revived by instituting a new action and not a motion to revive
- A dismissal without prejudice is final adjudication upon failure of both parties to appeal

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Failure to present evidence in chief

4. Jalover vs Ytoriaga
- Notice of dismissal must be sent to counsel
- Dismissal due to failure to present evidence after respondents submitted their evidence violates their rights

Cruz vs Caraos supra, Rule 16 the court did not discuss the dismissal based on rule 17

Failure to prosecute action for an unreasonable length of time

5. Republic Planters Bank vs Molina


- For the court to adjudicate on the merits, it must first acquire jurisdiction over the case and over the parties
- No res judicata

Failure to comply with any order of the court

6. Mina vs Pacson, supra Rule 3


- Failed to comply with order to implead the surviving spouse
- Dismissals effect is adjudication on the merits

Barrameda vs. Barbara , supra Rule 3


- Order to amend void since it was defendants who was ordered to amend not plaintiffs

7. Guanzon vs Mapa
- An unconditional order of the court is understood to be with prejudice and shall have the effect of
adjudication on the merits

8. Pinga vs Heirs of Santiago


- dismissal due to plaintiffs fault is w/o prejudice to prosecute counterclaim

9. Sps. Anunciacion vs Bocanegra


- court may dismiss following grounds even if not pleaded
a.) no jurisdiction over the subject matter
b.) litis pendencia
c.) res judicata
d.) prescription

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