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RULE 1 General Provision

RULE 15 MotionsRULE 16 Motion to Dismiss

RULE 2 Cause of Action

RULE 17 Dismissal of Actions

RULE 3 Parties to Civil Action

RULE 18 Pre-trial

RULE 4 Venue of Action

RULE 19 Intervention

RULE 5 Uniform Procedure in Trial Courts

RULE 20 Calendar of Cases

RULE 6 Kinds of Pleadings

RULE 21 Subpoena

RULE 7 Parts of a Pleading

RULE 22 Computation of Time

RULE 8 Manner of Making Allegations in


Pleadings

RULE 23 Depositions Pending Action

RULE 9 Effect of Failure to Plead


RULE 10 Amended and Supplemental
Pleadings
RULE 11 When to file Responsive Pleadings

RULE 24 Depositions Before Action or


Pending Appeal
RULE 25 Interrogatories to Parties
RULE 26 Admission by Adverse Party

RULE 12 Bill of Particulars

RULE 27 Production or Inspection of


Documents or Things

RULE 13 Filing and Service of Pleadings,


Judgments, and Other Papers

RULE 28 Physical and Mental Examination of


Persons

RULE 14 Summons

RULE 29 Refusal to Comply with Modes of


Discovery
RULE 30 Trial

RULE 1: GENERAL PROVISIONS

Rules of Court are not given


retroactive effect until SC declares in
jurisprudence
Lack of jurisdiction cannot be cured by
silence,
acquiescence,
express
consent or by win of parties (Republic
vs CA)
Failure to pay docket fees no
complaint

no
jurisdiction
(Manchester Devt. Corp. vs CA)
Amount claimed need not be initially
stated with mathematical precision,
i.e. more or less is acceptable (Ng
Soon vs Alday)
Only principal
party shall
sign
certificate of non-forum shopping; for
corporations,
counsel;
provided

counsel is authorized (United Pulp vs


United Pulp)
RULE 2: CAUSE OF ACTION

1 cause = 1 case
Dismissal for lack of cause of action,
cite Rule 2, not Rule 6
Splitting cause of action when
subject matter is the same for both
cases
Where there is complete and total
breach of a continuous contract for a
term of years, recovery for damages is
bar to another action on same
contract and same breach (Blossom &
Co. vs Manila Gas Corp.)
Joinder of party-defendant outside
jurisdiction no cause of action
(Union Glass vs SEC)

RULE 3: PARTIES TO CIVIL ACTIONS

No party, dismiss under Rule 3


Foreigner may institute action (Dilweg
vs Philip)
Legal representative must be in the
name of principal for action (Marcelo
vs De Leon)
Corporation is a party if individual
members conveyed their interests
(Sulo ng Bayan vs Araneta)
Joinder
of
parties
applies
to
counterclaim (Go, et al vs Go, et al)
Dismissal
for
non-joinder
is
adjudication on the merits (Rivera vs
Luciano)
Class suit: few must fairly represent
the interests of the class (Ibanez vs
Roman Catholic Church)
Taxpayer has interest and personality
(Gonzales vs Hechanova)
Substitution of party on death
(Florendo et al vs Coloma)
Transferee pendent lite does not have
to be included or impleaded by name
in order to be bound by judgment
(Heirs of Guballa vs CA)

RULE 5: UNIFORM PROCEDURE IN TRIAL


COURTS
Jurisdiction of MTCs in civil cases (Include
metropolitan municipal, and circuit) as per
BP 129:

RULE 4: VENUE OF ACTIONS

No limitation on stipulation as to
venue, except when it involves
government
(may
even
involve
stipulating judge)
Mortgaged
property
in
different
provinces: court where part of the
property is situated has jurisdiction in
all other provinces for judgment (El
Hogar vs Seva)
Issue of possession Province where
property lies (Espineli vs Santiago)
Residence need not be permanent
(Dela Rosa vs Borja)
Contractual stipulations as to venue
(may) does not waive choice under
Sec. 2(6)
3rd party complaint has to yield to
jurisdiction and venue of main action
(Eastern Assurance vs Cui)

Civil actions and probate proceedings,


testate and intestate, including grant
of provisional remedies in proper
cases, where the value of the personal
property, estate, or amount of the
demand does not exceed 100,000
(200,000 in Metro Manila) exclusive of
interest and damages
Exclusive original jurisdiction over
cases of forcible entry and unlawful
detainer
Title to, or possession of real property
where the assessed value of the
property does not exceed 20,000
(50,000 in Metro Manila)
May be assigned by SC to hear and
determine
cadastral
or
land
registration cases (value = 100,000)
In MTCs with at least 2 branches, SC
may designate one or two branches to
try
cases
requiring
summary
disposition as the SC may determine

Jurisdiction of RTCs in civil cases:

Subject of litigation is incapable of


pecuniary estimation
Value of property exceeds that of
MTCs jurisdiction
Probate where value is 100,000
(200,000 in Metro Manila)
In all cases not within the exclusive
jurisdiction of any court, tribunal,
person, or body exercising jurisdiction,
judicial or quasi-judicial functions
Demand exceeds 100,000 or 200,000
(MM)
A case filed in court without
compliance
with
prior
Barangay
conciliation which is a pre-condition for
formal adjudication (Sec. 412 [a] of
the
Revised
Katarungang
Pambarangay Law) may be dismissed

upon motion of defendant/s, not for


lack of jurisdiction of the court but for
failure to state a cause of action or
prematurity (Royales vs. IAC, 127
SCRA 470; Gonzales vs. CA, 151 SCRA
289), or the court may suspend
proceedings upon petition of any party
under Sec. 1, Rule 21 of the Rules of
Court; and refer the case motu
proprio to the appropriate Barangay
authority (Admin Circular 14-93)
RULE 6: KINDS OF PLEADINGS

Anything asked for in court in writing is


a pleading
Motion is application for order/relief
from the court
Initiatory pleadings, file in court, served
by the same. Everything after is served
directly to the adverse party.
Complaint pleading alleging the
plaintiffs cause or causes of action
Answer pleading in which the
defending party sets forth his defenses
Negative defense specific denial of
the material fact or facts
Affirmative defense allegation of new
matter, which, while hypothetically
admitting the material allegations in
the pleading of the claimant, would
nevertheless prevent or bar recovery
by him. Include fraud, statute of
limitations, release, payment, illegality,
statute of funds, estoppel, former
recovery, discharge in bankruptcy, and
any other matter by way of confession
and avoidance
Constitutionality of a law will not be
considered unless the point is specially
pleaded, insisted upon and adequately
argued
(Santiago
vs
Far
East
Broadcasting)
Counterclaim any claim which a
defending party may have against an
opposing party
Compulsory counterclaim arises out
of or is connected with the transaction
or occurrence constituting the subject

matter of the opposing partys claim


and
does
not
require
for
its
adjudication the presence of 3rd parties
of whom the court cannot acquire
jurisdiction
Such a counterclaim must be within the
jurisdiction of the court both as to the
amount and nature thereof, except that
in an original action before the RTC, the
counterclaim
may
be
considered
compulsory regardless of the amount
For compulsory counterclaims, no need
to pay docket fees (Quintanilla vs CA)
Counterclaims
for
damages
and
attorneys fees are compulsory in
nature (Tiu Po vs Bautista)
Order dismissing the complaint in
intervention after a counterclaim has
been filed but reserving right of
defendant against intervenor does not
bar the counterclaim, notwithstanding
failure to appeal (Froilan vs Pan
Oriental)
Cross-claim 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
Counter-counterclaim
and
countercross-claim a counterclaim may be
asserted against an original counterclaimant
Reply cannot change nature of action
or add new cause of action (Calo vs
Roldan)

Test to determine whether the third-party


complaint is in respect of plaintiffs claim:

Derivative/secondary claim
3rd party not a party to the action
3rd party claim based on original claim

No 3rd party complaint in action for


declaratory relief (Comm. Of Customs
vs Cloribel)
Complaint and 3rd party complaint may
be instituted by the same party (Rubio
vs Mariano)

RULE 7: PARTS OF A PLEADING

Caption name of the court, title of the


action and docket number if assigned

Body designation, allegations of the partys


claims or defenses, relief prayed for and date
of the pleading

Failure to comply may be ground for


dismissal ex parte
Number and date of official receipt of
payment of annual membership dues
in the IBP must be indicated in all
pleadings, motions and papers filed in
court either personally or by mail (Bar
Matter No. 287)
Number in roll of attorneys must be
indicated in pleadings (Bar Matter No.
1132)
Failure to file briefs on time by counsel
may lead to dismissal (Yu, et al vs CA)
Pleadings need not be under oath,
verified or accompanied by affidavit
(A.M. No. 00-2-10-SC)
Pleadings that need to be verified
based on knowledge, information and
belief

Contents of
shopping:

certification

against

forum

That plaintiff 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
If there is such other pending action or
claim, a complete statement of the
present status thereof
If he should thereafter learn that the
same or similar action or claim has
been filed or is pending, he shall
report the fact within 5 days therefrom
to the court wherein his aforesaid
complaint or initiatory pleading has
been filed

Must be certified under oath, annexed


thereto and simultaneously filed
Failure to attach verification is not a
ground for dismissal; court may order
correction or just act on it (Gabionza
vs CA)
Forum shopping summary dismissal
(Fil-Estate Golf & Development vs CA)
Authorized lawyer may sign certificate
for and in behalf of corporations (BA
Savings Bank vs Sia)
In general, violation of the rule on
forum shopping should be raised at
the earliest opportunity in a motion to
dismiss or a similar pleading. Invoking
it in the later stages of the
proceedings or on appeal may result in
the dismissal of the action as an
exception only if the violation arises
from or will result in (1) the loss of
jurisdiction over the subject matter,
(2) the pendency of another action
between the same parties for the
same cause, (3) the barring of the
action by a prior judgment, or (4) the
crossing of the Statute of Limitations
Doctrine of forum non conveniens A
Phil. Court or agency may assume
jurisdiction over the case if it chooses
to do so, provided (1) the court is one
to which parties may conveniently
resort to, (2) Court is in a position to
make an intelligent decision as to the
law and facts, and (3) Court has or is
likely to have power to enforce its
decision (Manila Hotel vs NLRC)

RULE
8:
MANNER
OF
ALLEGATIONS IN PLEADINGS

MAKING

Ultimate facts:

Essential
facts
constituting
the
plaintiffs cause of action - a fact is
essential if it cannot be stricken out
without leaving the statement of the
cause of action insufficient
Important and substantial facts which
either directly form the basis of the
primary right and duty, or which

directly make up the wrongful act or


omissions of the defendant
Not a narration of the evidences relied
upon by the pleader
Applies not only to the complaint but
to all pleadings
Ultimate facts not properly averred to
form a clear cause of action no
cause of action vulnerable to a
motion to dismiss (Rule 16)
Should not allege mere conclusions of
law (e.g. an act is unlawful, a
contract is valid/void, defendant acted
in bad faith)
Probabative or evidentiary facts must
be omitted (Alzua vs Johnson)
An actionable defense can be based
on documents (Toribio vs Bidin)
Averment on capacity to sue is not
necessary, except to show jurisdiction,
i.e. foreign corporations (Atlantic
Mutual vs Luzon Stevedoring)
Documents attached to pleadings
admit
of
its
genuineness
and
execution (Hibberd vs Rohde)
Failure to deny under oath is in effect
an admission where a fact is alleged
with qualifying/modifying language
and only the qualifying/modifying
circumstances are denied, the fact is
admitted (Guevarra vs Eala)
Conclusion unsupported by facts
cannot be deemed admitted when not
specifically denied (Worcester vs
Lorenzana)
When defendant relies exclusively on
defense of res judicata and submits
the case for decision solely on that
issue, he is deemed to have admitted
the material allegations in that
complaint (Dominguez vs Filipinas
Integrated)

RULE 9: EFFECT OF FAILURE TO PLEAD

Defenses not waived even if not raised


in a motion to dismiss or answer
Unless defense of prescription is
pleaded, it will be deemed to have

been waived and cannot later be


raised (People vs Moran)
Not alleged waived, unless court
allows it
Declaration of default:
defending party fails to answer
within the time allowed therefor
motion of claiming party + notice to
defending party + proof of such failure
court declares defending party in
default
court renders judgment granting
relief (unless court in its discretion
requires claimant to submit evidence
[which may be delegated to clerk of
court])
Effect of order of default: Party in
default
entitled
to
notice
of
subsequent proceedings but not take
part in trial
Where no default is allowed: if
defending party in an action for
annulment or declaration of nullity of
marriage or legal separation
Court cannot motu proprio declare
party in default (Trajano et al vs Cruz)
No meritorious defense + no legally
excusable failure no abuse of
discretion in lifting order of default
(Carandang vs Cabatuando)
Order setting aside order of default is
interlocutory; hence, not appealable
(Denso Inc. vs IAC)
Order denying motion to set aside
order of default is final and therefore
appealable (Rodriguez, et al vs IAC)
A decree issued in judgment by
default does not prevent decree from
having legal effect (Dela Cruz vs
Ejercito)

RULE 10: AMENDED & SUPPLEMENTAL


PLEADINGS

How are amendments to pleadings


made? Adding or striking out an
allegation, or the name of any party
Effect
of
amended
pleading:
supersedes the pleading that it
amends

However:
(1)
admissions
in
superseded
pleadings
may
be
received in evidence against the
pleader and (2) claims or defenses
alleged therein not incorporated in the
amended pleading shall be deemed
waived
Amended complaint is continuation of
original complaint, prescription will
apply to time of filing of original
complaint (Pangasinan Trans. Vs Phil.
Farming Co.)
Complaint should be amended to cure
defect of party plaintiff after final
decision is
rendered (Cuyugan vs
Dizon)
Amendment of pleading as a matter of
right once anytime before a
responsive pleading is served, or, in
the case of a reply, at anytime within
10 days after it is served
Where some, but not all defendants
have answered, plaintiffs may amend
their complaint once, as a matter of
right, only in respect to non-answering
defendants (Republic vs Africa)
Substantial amendments only by
leave of court
Formal
amendments

clearly
typographical or clerical errors that
may be summarily corrected by the
court at any stage of the action, at its
initiative or on motion
Before an answer or motion to dismiss
has been filed, original complaint is
amenable, which will supersede the
original pleading, without leave of
court required, and without court
taking
cognizance
of
original
complaint (Rosario et al vs Carandang
et al)
Complaint cannot be amended to
confer jurisdiction on court (Rosario et
al vs Carandang et al)
When amendment is no longer a
matter of right, it will not be allowed
When
no
evidence
has
been
presented, only stipulation of facts,
pleadings, may not be amended if

adverse
party
files
a
countermanifestation or objection (MWSS vs
CA)
Supplemental pleadings sets forth
transactions, occurrences or events
which have happened since the date
of the pleading sought to be amended
Supplemental pleadings must be (1)
upon motion of party, (2) upon
reasonable notice and (3) such terms
that are just, and (4) permitted by
court
In supplemental pleadings, nothing is
changed; only supplemented

RULE 11: WHEN TO FILE RESPONSIVE


PLEADINGS

Answer to complaint must be filed


within 15 days after service of
summons (unless court fixes a
different period)
Answer can still be filed if order is still
not final, i.e. court bars defendant
from filing answer (De Ocampo vs
Republic)
Lloren Rule: when MR filed on 15 th day
(ex. April 2), exact number of days
that have actually elapsed is only 14
days. Day is interrupted and first day
should be excluded/last day included.
So if notice of appeal is filed on April
17, it is filed exactly within the
reglementary period

RULE 12: BILL OF PARTICULARS

Complaint may be dismissed for


failure to submit bill of particulars
(Santos vs Liwag)
Like any motion, bill of particulars
must be accompanied by notice of
hearing and proof of service; if
sufficient, it suspends the running of
the reglementary period to answer
(Filipinas Fabricators vs Magsino)

RULE 13: FILING AND SERVICE OF


PLEADINGS, JUDGMENTS AND OTHER
PAPERS

Notice to any one counsel on record is


notice to all (Damasco vs Arrieta)
Court will not take cognizance of any
other addresses that counsel may use
in his pleadings, other than address on
record; unless, he files notice of
change of address (Phil. Suburban
Dev. Corp. vs CA)
Modes of service: (1) personally or (2)
by mail (registered, but may be
ordinary if no registry service is
available)
Service must be made upon lawyer on
record, no matter if the party himself
solicits the service and factually learns
the judgment (Vda. De Espiritu vs CFI
of Cavite)
Service of notice becomes effective
after 5 day period upon failure of
addressee to claim his mail within 5
days from date of 1 st notice (Magno et
al vs CA)
Counsel is deemed to have received
order even if he refuses to accept the
same (Isaac vs Mendoza)

RULE 14: SUMMONS


Contents of motion:
* Must be directed to defendant and signed
by the clerk of court (who issues the same)
under seal

Proof of service:

Personal (1) written admission of


party served, or (2) official return
of the server, or (3) affidavit of the
party serving
Ordinary mail affidavit of person
mailing
of
facts
showing
compliance with Sec. 7 (service by
mail)
Registered mail (1) registry
receipt issued by mailing office and
(2) same affidavit as ordinary mail
One who buys land where there is a
pending notice of lis pendens
cannot invoke the right of a
purchaser in good faith, neither can
he have acquired better rights than
those of his predecessor (Tanchoco
vs Aquino)
In cancellation of notice of lis
pendens, party who caused it to be

recorded should be given notice


(Punongbayan vs Pineda)
Lis pendens does not apply in
recovery of money judgment
though the title or right of
possession
to
property
be
incidentally
effected
(Atlantic
Erectors vs Herbal Cove)
No requirement that party applying
for annotation of lis pendens must
prove his right or interest over the
property sought to be annotated

Name of the court and names of the


parties to the action
A direction that the defendant answer
within the time fixed by these rules
Notice that unless defendant so
answers plaintiff will take judgment by
default and may be granted the relief
applied
for
After defendant has appeared by
virtue of summons, he may be served
with amended complaint without need
of another summons (Ong Peng vs
Custodio)

Substituted Service of Summons if for


(1) justifiable causes, (2) defendant
cannot be served within a reasonable
time as provided in Rule 13, service may
be effected:

By
leaving
copies
at
the
defendants residence with some
person of suitable age and
discretion then residing therein or
By leaving copies at defendants
office or regular place of business
with some competent person in

charge

thereof

RULE 15: MOTIONS

Failure to attach certified copies of


judgment and orders assailed
constitutes insubstantial defect and
form (Ilaya Textile vs Ocampo)
Presumption
of
regularity
on
process
servers
return
that
summons
was
validly
served
(Umandap vs Sabio)

Contents of a motion:

Extraterritorial service of summons: (1)


When the defendant does not reside and is
not found in the Philippines, (2) the action
affects the personal status of the plaintiff, or
(3) relates to, or the subject of which is
property within the Philippines, in which (4)
defendant has or claims a lien, interest,
actual or contingent, or in which the relief
demanded consists, wholly or in part,
excluding the defendant from his interest
therein, or (5) the property of the defendant
has been attached within the Philippines.
Service may be effected by (1) personal
service, or (2) publication in a newspaper of
general circulation, 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

Summons;
and
consequently
jurisdiction, may be served on partys
representative/attorney-in-fact in the
Philippines (Gemperle vs Schenker)
In personal actions, personal or
substituted service of summons and
not
extraterritorial
service,
is
necessary to confer jurisdiction (Dial
Corp. vs Soriano)
In actions in personam: where
defendant is nonresident who does not
voluntarily
submit
himself
to
jurisdiction of court personal service
of summons within state (Asiavest
Limited vs CA)
Failure to appear, and not failure to
answer is the ground for default
(Carballo vs Encarnacion)

Statement of the relief sought to be


obtained
Grounds upon which relief is based
Supporting
affidavits
and
other
papers, if required by Rules or
necessary to prove facts alleged
General rule: All motions need to be
heard
Exception: Motions which the court
may act upon without prejudicing the
rights of the adverse party

When is hearing required? (Exhaustive?)


1.
2.
3.
4.
5.
6.
7.
8.

Motion to intervene
Summary judgment
New trial
Execution pending appeal
Preliminary injunction
Support pendent lite
Approval of administrators account
Authority to sell or encumber
decedents property
3 day notice rule: every written motion
required to be heard and notice of the
hearing thereof shall be received by
the party at least 3 days before the
date of hearing
Exception to 3 day notice rule: Court
for good cause sets the hearing for a
shorter notice
Notice of motion 3 days before
hearing + notice of time and date for
hearing (Republic Planters Bank vs
IAC)
Other than the motions specified,
discretion either to ex parte resolve or
call the parties to hearing is
discretionary on court (Azajor vs CA)

RULE 16: MOTION TO DISMISS


Grounds for dismissal (within the time for but
before filing the answer to the complaint or
pleading asserting a claim):

1. Court has no jurisdiction over the


person of the defending party
2. No jurisdiction over the subject matter
of the claim
3. Venue is improperly laid
4. Plaintiff has no legal capacity to sue
5. There is another action pending
between the same parties for the
same cause
6. Cause of action is barred by prior
judgment or the statute of limitations
7. Pleading asserting the claim states no
cause of action
8. Claim or demand set forth in the
plaintiffs pleading has been paid,
waived, abandoned or otherwise
extinguished
9. Claim on which the action is founded
is enforceable under the statute of
frauds
10.A condition precedent for filing the
claim has not been complied with

Effect of filing of motion court may (1)


dismiss the action or claim, (2) deny the
motion, (3) order amendment of pleading

Motion to dismiss on lack of cause of


action no need for hearing; facts in
pleading and documentary evidences
(Tan vs Director of Forestry)
Prescription is ground to dismiss even
if defense wasnt invoked as long as it
is clear (Garcia vs Mathis)
Submission of other issues/affirmative
defenses in a motion to dismiss does
not waive defense of lack of
jurisdiction (La Naval Drug vs CA)
Jurisdiction over the subject matter is
determined
by
the
complaint;
jurisdiction of the court does not
depend on the defenses set up in the
answer or upon the motion to dismiss
(Magay vs Estandian)
A party cannot invoke the jurisdiction
of a court to secure affirmative relief
and after obtaining or failing to obtain
such relief, repudiate or question that
same jurisdiction (Crisostomo et al vs
CA)

No jurisdiction no appeal? (Sunset


View Condominium vs Campos)
Prohibition is remedy if motion to
dismiss for improper venue is denied
(Enriquez vs Macadaeg)
Sec. 133, Corporation Code: Foreign
corporations without license may not
maintain, intervene in a suit but may
be sued
Foreign corporations not engaged in
business in the Philippines may file an
action
for
isolated
transactions
(Hathibhai Bulakhidas vs Navarro)
Res judicata cannot be deduced from
the grounds of the order, but from the
fallo or from the dispositive part of the
order (Roman Catholic Archbishop vs
Director of Lands)
Case may be dismissed for failure to
comply
with
Katarangunang
Pambarangay Law (Alinsugay vs
Sagampang)
Court of special jurisdiction (i.e. tax
courts)
can
raise
question
of
jurisdiction although not raised by the
parties (Ker & Co. vs Court of Tax
Appeals)
Motion to dismiss should be filed
within time to answer, not after
answer (Ruiz, Jr. vs CA)
Hearing on motion to dismiss may be
dispensed with if facts are fully
discussed in pleading (Castillo et al vs
CA)
Order denying a motion to dismiss is
non-appealable, remedy is certiorari
(Harrison
Foundry
vs
Harrison
Foundry)
Order
dismissing
complaint
and
sustaining demurrer appealable;
complaint
may
be
amended
(Macapinlac vs Repide)
Filing of a motion for bill of particulars
suspends the running of the period;
hence, if time to answer has not yet
lapsed, motion to dismiss may still be
filed (Dumanan vs Butuan City)

RULE 17: DISMISSAL OF ACTIONS

Complainant may move for dismissal


of the complaint upon approval of the
court and upon such terms and
conditions the court deems proper
2 dismissal rule: a notice of dismissal
is 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
Dismissal of 1st suit would not bar the
filing of a 2nd, if the cause of action is
different; no res judicata (Filinvest vs
Salas)
Case cannot be dismissed over
defendants
opposition
when
counterclaim will remain pending for
independent adjudication (Ynotorio vs
Lira)
Dismissal
without
conditions
is
dismissal WITH prejudice (Guanzaon
vs Mapa)
Counterclaim survives dismissal of
complaint
regardless
if
it
is
compulsory or permissive (Tinga vs
Heirs)

RULE 18: PRE-TRIAL

Pre-trial is set after the last pleading


has been served and filed
Pre-trial is mandatory
Purpose is for the court to consider:
Possibility
of
an
amicable
settlement or of a submission to
alternate modes of dispute
resolution
Simplification of the issues
Necessity or desirability of
amendment to pleadings
Possibility
of
obtaining
stipulations or admissions of
facts and of documents to avoid
unnecessary proof
Limitation
of
number
of
witnesses
Advisability of a preliminary
reference of issues to a
commissioner

Propriety of rendering judgment


on the pleadings, or of summary
judgment, or of dismissing the
action should a valid ground
therefor exist
Advisability or necessity of
suspending the proceedings
Such other matters as may aid
in the prompt disposition of the
action
Notice of pre-trial must made through
or care of counsel and imposing upon
counsel the obligation of notifying
party (Servicewide Specialists vs
Sherriff)
Judge has the discretion whether a
party will be considered in default for
failure to appear in pre-trial, i.e. only
counsel appears (American Insurance
vs Republic)
Second pre-trial may be set (Jaranilla,
et al vs Adil)
Recall or correction of pre-trial
admission may only be done due to
palpable mistake (Gotico vs Leyte)
Contents of a pre-trial brief (brief filed
by the parties with the court and
served on the adverse party ensuring
their receipt at least 3 days before the
date of the pre-trial):
A statement of their willingness
to
enter
into
amicable
settlement or alternative modes
of dispute resolution, indicating
the desired terms thereof
A summary of admitted facts
and proposed stipulation of
facts
The issues to be tried or
resolved
The documents or exhibits to be
presented stating the purpose
thereof
A manifestation of their having
availed of or their intention to
avail themselves of discovery
procedures
or
referral
to
commissioners

The number and names of the


witnesses, and the substance of
their respective testimonies
Failure to file the pre-trial brief shall
have the same effect as failure to
appear at pre-trial

raffle, with interested parties allowed


to be present
RULE 21: SUBPOENA

RULE 19: INTERVENTION

A person who has a legal interest in


the matter in litigation, or in the
success of either of the parties, or an
interest against both, or is so situated
as to be adversely affected by a
distribution or other disposition of
property in the custody of the court or
of an officer thereof may, with leave of
court, be allowed to intervene in the
action
Legal interest is actual and material,
direct and immediate, and not
contingent or expected (Garcia vs
David)
Intervention is collateral and not an
independent action; mandamus to
allow
intervention
will
not
lie
(Barangay Matictic vs Elbinias)
Settlement/dismissal between parties
is ineffective unless the intervenor is a
party (Metropolitan Bank vs Presiding
Judge)
Order denying intervention may be
appealed (Ortiz vs Trent)
Shares of stock and legal right/title to
property is not a legal interest and will
not warrant intervention (MagsaysayLabrador vs CA)
Delayed motion for intervention my
still be admitted in the interest of
justice; may also be admitted pending
appeal (Director of Lands vs CA)
General rule: intervention not allowed
in case terminated by final judgment
(Looyuko vs CA)

RULE 22: COMPUTATION OF TIME

RULE 20: CALENDAR OF CASES

Assignment of cases to the different


branches of court done exclusively by

Subpoena directed to a person (1)


requiring him to attend and testify at
the hearing or trial, or at any (2)
investigation, or for (3) the taking of
his deposition
Duces tecum subpoenaed person
required to bring books, documents or
things under his control
Issued by:
Court before whom the witness
is required to attend
Court of the place where the
deposition is to be taken
Officer or body in connection
with investigations
Any SC/CA justice
Subpoena may be quashed:
If it is unreasonable and
oppressive
Irrelevancy (in duces tecum)
Reasonable cost of production
(in
duces
tecum)
is
not
advanced
Witness is not bound
Witness fees and kilometrage
were not tendered
Compelling witness by subpoena
applies only to civil cases (People vs
Montejo)

Day of the act or event from which the


designated period of time begins to
run (1st day) is excluded and the date
of performance included
If the last day of the period falls on a
weekend or legal holiday next
working day
Date of mailing is the date of filing any
petition, motion or paper (Caltex vs
Katipunan)
Last day of period is always working
day; extended period may run from
this day, or on specific time prayed

for, as exception to original period


(Labad vs University)