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San Beda College of Law 10
MEMORY AID IN REMEDIAL LAW
CIVIL PROCEDURE
RULE 1 (B)
GENERAL PROVISIONS ACTION IN ACTION IN ACTION
REM PERSONAM QUASI IN REM
Statutes regulating the procedure of
courts will be construed as applicable to Directed Directed Directed
actions pending and undetermined at against the against against
the time of their passage so long as thing itself particular particular
vested rights will not be impaired. persons persons
Judgment is Judgment is Judgment

Under the 1987 Constitution, the rule- binding on the binding only binding upon
making power of the Supreme Court has whole world upon parties particular
the following limitations: impleaded or persons, but
1. shall provide a simplified and their the real
inexpensive procedure for the successors in motive is to
speedy disposition of cases; interest deal with real
2. Uniform for all courts of the property or to
same grade, and subject said
3. Shall not diminish, increase or property to
certain claims.
modify substantive rights (Art.
Ex. Land Ex. action to Ex. Unlawful
VIII Sec. 5[5]). registration recover detainer or
case; probate damages; forcible entry;
Section 3. Cases governed. proceedings action for judicial
ACTION CLAIM for allowance breach of foreclosure of
of a will. contract mortgage.
An ordinary suit in a A right possessed by
court of justice one against another
The distinction is important in
One party prosecutes The moment said
another for the claim is filed before a
determining the EFFECT of the
enforcement or court, the claim is judgment.
protection of a right converted into an
or the prevention or action or suit. (C)
redress of a wrong. REAL PERSONAL MIXED
ACTION ACTION ACTION
CLASSIFICATION OF ACTIONS. Ownership or personal property is Both real and
(A) possession of sought to be personal
ORDINARY CIVIL SPECIAL CIVIL real property recovered or where properties
is involved damages for breach are involved
ACTION ACTION of contract are
sought
Governed by ordinary Also governed by Founded on Founded on privity Founded on
rules ordinary rules but privity of of contract both
SUBJECT to specific estate
rules prescribed ex. Accion Ex. Action for a sum ex. Accion
(Rules 62 to 71). reinvidicatoria of money publiciana
with a claim
for damages
Formal demand of Special features not
ones legal rights in a found in ordinary civil
court of justice in the actions The distinction is significant in the
manner prescribed by determination of venue. With respect to
the court or by the mixed actions, the rules on venue of
law real actions shall govern, i.e., where the
real property is located.
REMEDIAL LAW COMMITTEE

CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
(D) Section 6. Construction.

LOCAL ACTION TRANSITORY
ACTION General Rule: Liberal construction .
Exceptions:
Must be brought in a Generally, must be a. reglementary periods
particular place, in brought where the b. rule on forum shopping
the absence of an party resides
agreement to the regardless of where
contrary the cause of action
RULE 2
arose
CAUSE OF ACTION
Ex. Action to recover Ex. Action to recover
real property sum of money Section 2. Cause of Action, defined.
Essential elements of cause of action
Section 5. Commencement of action. 1. Existence of a legal right of the
plaintiff;
An action is commenced by: 2. Correlative legal duty of the
1. filing of the complaint (the date of defendant to respect ones
the filing determines whether or not right;
the action has already prescribed); 3. Act or omission of the defendant
and in violation of the plaintiffs
2. payment of the requisite docket fees legal right; and
(determined on the basis of the 4. Compliance with a condition
amount of the claim including the precedent.
damages indicated in body or the
prayer of the pleading) CAUSE OF ACTION RIGHT OF ACTION
delict or wrongful act remedial right or right
It is not simply the filing of the or omission to relief granted by
committed by the law to a party to
complaint or the appropriate initiatory
defendant in violation institute an action
pleading but also the payment of the of the primary rights against a person who
prescribed docket fee that vests a trial of the plaintiff has committed a
court with jurisdiction over the subject delict or wrong
matter or nature of the action. against him
The reason for the the remedy or means
The court may allow the payment of the action afforded or the
deficient docket fee within a reasonable consequent relief
period but not beyond the applicable the formal statement right that is given
prescriptive or reglementary period. of alleged facts the right to litigate
because of the
occurrence of the
An action can be commenced by filing alleged facts
the complaint by registered mail. In Determined by facts determined by
which case, it is the date of mailing that as alleged in the substantive law
is considered as the date of filing, and complaint and not the
not the date of the receipt thereof by prayer therein
the clerk of court.
RELIEF REMEDY SUBJECT
The date of the filing of an amended MATTER
complaint joining additional defendant the redress, the the thing,
is the date of the commencement of the protection, procedure or wrongful act,
action with regard to such additional award or type of contract or
defendant. coercive action which property
measure which may be which is

Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
be one action for damages (Blossom &

Co. vs. Manila Gas Corp., 55 Phil. 226)
the plaintiff availed of by directly
prays the court the plaintiff involved in Section 5. Joinder of causes of action.
to render in his as the means the action, Rule in this section is PERMISSIVE and
favor as a to obtain concerning
the plaintiff can always file a separate
consequence of the desired which the
the delict relief wrong has
action for each cause of action.
committed by been done and
the defendant with respect Par. (a): The joinder of causes of action
to which the may involve the same or different
controversy parties. If the joinder involved different
has arisen. parties, it must comply with Sec. 6 Rule
3, thus, there must be a question of fact
Section 4. Splitting a single cause of or law common to both parties joined
action, effect of. arising out of the same or series of
transactions.
SPLITTING OF CAUSE OF ACTION is the
practice of dividing one cause of action Par. (b) requires that: only causes of
into different parts and making each action in ordinary civil actions may be
part subject of a separate complaint. joined, obviously because they are
subject to the same rules.
Applies NOT only to complaints but also
to counterclaims and crossclaims. Par. (c) As long as one cause of action
falls within the jurisdiction of the RTC,
the case can be filed there even if the
Remedy against splitting a single cause MTC has jurisdiction over the others.
of action:
A. Motion to dismiss on the ground of: Pars. (d) embodies the TOTALITY RULE
Litis pendentia, if the first Section 33 BP129, as amended by RA
complaint is still pending (Rule 7691 - Where there are several claims
16, Sec. 1[e]); or or causes of actions between the same
Res judicata, if any of the or different parties, embodied in the
complaints is terminated by same complaint, the amount of the
final judgment (Rule 16, Sec. demand shall be the totality of the
1[f]) claims in all the causes of actions,
irrespective of whether the causes of
B. An answer alleging either of the action arose out of the same or
above-cited grounds as affirmative different transactions.
defense (Rule 16, Sec. 6)
SPLITTING OF JOINDER OF
General Rule on Divisible Contract CAUSE OF ACTION CAUSES OF ACTION
A contract to do several things at
several times is divisible, and judgment There is a single cause Contemplates several
for a single breach of a continuing of action causes of action
contract is not a bar to a suit for a
PROHIBITED. Causes ENCOURAGED.
subsequent breach.
multiplicity of suits Minimizes multiplicity
and double vexation of suits and
Doctrine of Anticipatory Breach on the part of the inconvenience on the
Even if the contract is divisible in its defendant parties
performance and the future periodic
deliveries are not yet due, if the obligor
has already manifested his refusal to Section 6. Misjoinder of causes of
comply with his future periodic action.
obligations, the contract is entire and Not a ground for dismissal of an action.
the breach total, hence there can only A misjoined cause of action may be

severed and proceeded with separately. the party entitled to the avails of the
suit.
There is no sanction against non-joinder
of separate causes of action since a
plaintiff needs only a single cause of
action to maintain an action. Impleading the beneficiary as a party in
the suit is now mandatory, in cases
RULE 3 allowed to be prosecuted or defended
PARTIES TO CIVIL ACTIONS by a representative.
Section 1. Who may be parties; CLASSIFICATION OF PARTIES IN

plaintiff and defendant. INTEREST
1. Indispensable parties those
REQUIREMENTS FOR A PERSON TO BE A without whom no final determination
PARTY TO A CIVIL ACTION: can be had of an action. (must be
1. he must be a natural or juridical joined)
person or an entity authorized by
law; 2. Necessary (or proper) parties those
2. he must have a legal capacity to who are not indispensable but ought to
sue; and be parties if complete relief is to be
3. he must be the real party in accorded as to those already parties, or
interest. for a complete determination or
settlement of the claim subject of the
PLAINTIFFS- Those having an interest in action. (may or may not be joined)
the subject matter of the action or in
obtaining the relief demanded. 3. Representative parties someone
acting in fiduciary capacity. Maybe a
DEFENDANTS: trustee, guardian, executor or
1. persons who claim an interest in the administrator, or a party authorized by
controversy or the subject thereof law or these Rules.
adverse to the plaintiff; or
An agent acting in his own name and for
2. who are necessary to a complete the benefit of an undisclosed principal
determination or settlement of the may sue or be sued without joining the
questions involved therein; or principal except when the contract
involves things belonging to the
3. all those who ordinarily should be principal
joined as plaintiffs but who do not
consent thereto, the reason 4. Pro forma parties those who are
therefore being stated in the required to be joined as co-parties in
complaint. suits by or against another party as may
be provided by the applicable
Neither a dead person nor his estate substantive law or procedural rule such
may be a party plaintiff in a court as in the case of spouses under Sec. 4.
actionConsidering that capacity to be
sued is correlative of the capacity to 5. Quasi parties those in whose behalf
sue, to the same extent, a decedent a class or representative suit is
does not have the capacity to be sued brought.
and may not be named a party
defendant in a court action (Ventura vs. Section 5. Minor or incompetent
Militante 316 SCRA 226). persons.
Section 3. Representatives as parties. Under the present rule, a person need

not be judicially declared to be
REAL PARTY IN INTEREST the party incompetent in order that the court may
who stands to be benefited in the suit or

appoint a guardian ad litem. It is enough them

that he be alleged to be incompetent.
The suit can be brought by or against
the minor or incompetent person JOINT DEBTORS indispensable party
personally BUT with the assistance of his with respect to own share and a
parents or guardian. necessary party with respect to the
share of the others.
Section 6. Permissive joinder of

parties. SOLIDARY DEBTORS either is
indispensable and the other is not even
PERMISSIVE JOINDER the aggregate a necessary party because complete
sum of all the claims, determines the relief may be obtained from either.
jurisdiction of the court.
Section 9. Non-joinder of necessary
Requisites of permissive joinder of parties to be pleaded.
parties.
1. Right to relief arises out of the The non-inclusion of a necessary party
same transaction or series of may be excused only on meritorious
transactions; grounds.
2. There is a question of law or fact
common to all the plaintiffs or The court may order the inclusion of the
defendants; and omitted necessary party if jurisdiction
3. Such joinder is not otherwise over his person may be obtained by
proscribed by the provisions of the ordering plaintiff to file an amended
Rules on jurisdiction and venue. complaint impleading the necessary
party therein as co-defendant.
SERIES OF TRANSACTIONS transactions
connected with the same subject of the The only sanction for failure to implead
action. a necessary party when ordered by the
court and jurisdiction can be obtained
INDISPENSABLE NECESSARY over said party is a waiver of the claim
PARTIES PARTIES against him. This is considered as an
exception to the provision on penalties
The action cannot The action can imposed on a disobedient party under
proceed unless they proceed even in the Sec. 3 of Rule 17 which would have
are joined absence of some entailed the dismissal of the complaint
necessary parties itself.
No valid judgment if The case may be
indispensable party is determined in court
Section 11. Misjoinder and non-joinder
not joined but the judgment of parties.
therein will not
resolve the entire Neither misjoinder nor non-joinder of
controversy if a parties is a ground for dismissal of the
necessary party is not action.
joined
Objections to defects in parties should
They are those with They are those whose be made at the earliest opportunity
such an interest in the presence is necessary
the moment such defect becomes
controversy that a to adjudicate the
final decree would whole controversy but apparent by a MOTION TO STRIKE THE
necessarily affect whose interests are so NAMES OF THE PARTIES impleaded.
their rights so that the far separable that a
court cannot proceed final decree can be If there is misjoinder, a separate action
without their presence made in their absence should be brought against the party
without affecting misjoined.

6. defendant is the defendant

The absence of an indispensable party being sued, not a mere
renders all subsequent actions of the additional defendant
court null and void for want of authority
to act, not only as to the absent parties Service of summons upon a defendant
but even as to those present. whose identity is unknown may be made
by publication in a newspaper of general
circulation in accordance with Section 14
of Rule 14.
Section 12. Class suit.
REQUISITES OF A CLASS
/REPRESENTATIVE SUIT. Section 15. Entity without juridical
1. subject matter of the personality as defendant.
controversy is one of common or
general interest to many They may be sued under the name by
persons; which they are generally known, but
2. parties affected are so they cannot sue under such name for
numerous that it is lack of juridical personality.
impracticable to bring them all
before the court; The service of summons may be effected
3. parties bringing the class suit upon all the defendants by serving upon
are sufficiently numerous or any of them, or upon the person in
representative of the class and charge of the office or place of business
can fully protect the interests of maintained under such name. (Sec. 8,
all concerned. Rule 14)
Class Suit Permissive Joinder INSTANCES WHERE SUBSTITUTION OF

of Parties PARTIES IS PROPER:
There is one single There are multiple
cause of action causes of action A. Death of party; duty of counsel (Sec.
pertaining to separately belonging 16)
numerous persons to several persons. This provision applies where the claim is
not thereby extinguished as in cases
involving property and property rights
Section 14. Unknown identity or name such as:
of defendant. 1. recovery of real and personal
property against the estate.
Requisites: 2. enforcement of liens on such
1. there is a defendant properties
2. his identity or name is unknown 3. recovery for an injury to person
3. fictitious name may be used or property by reason of tort or
because of ignorance of delict committed by the
defendants true name and said deceased.
ignorance is alleged in the
complaint In this case, the heirs will be substituted
4. identifying description may be for the deceased OR if no legal
used: sued as unknown owner, representative is named then the court
heir, devisee, or other will order the opposing party to procure
designation the appointment of an executor or
5. amendment to the pleading administrator for the estate of the
when identity or true name is deceased.
discovered
In case of minor heirs, the court may
appoint a guardian ad litem for them.

Section 20. Action on contractual

The substitute defendant need not be money claims.
summoned. The ORDER OF
SUBSTITUTION shall be served upon the Requisites:
parties substituted for the court to 1. The action must primarily be for
acquire jurisdiction over the substitute recovery of money, debt, or
party interest thereon, and not where
the money sought therein is
merely incidental thereto.
2. The claim, subject of the action,

arose from a contract, express
If there is failure to notify the fact of or implied, entered into by the
death: the case may continue and decedent in his lifetime or the
proceedings will be held valid, and liability for which had been
judgment will bind the successors in assumed by or is imputable to
interest. him.
B. Death or separation of a party who If defendant dies before entry of final

is a public officer (Sec. 17) judgment in the court where it was
pending at that time, the action shall
The action may be maintained by and not be dismissed but shall be allowed to
against his successor. continue until entry of final judgment
thereon.
The action contemplated here is one
brought against the public officer in his However, execution shall not issue in
official capacity. favor of the winning party. It should be
filed as a claim against the estate of the
C. Supervening Incompetence or decedent.
incapacity of a party (Sec. 18)
The action shall continue to be Section 21. Indigent party.
prosecuted by or against him, personally
or assisted by the corresponding Indigent one who has no property or
guardian. income sufficient for his support aside
from his labor, even if he is self-
D. Transfer of interest (Sec. 19) supporting when able to work and in
Substitution of parties in this section is employment. He need not be a pauper
NOT mandatory, it being permissible to to entitle him to litigate in forma
continue the action by or against the pauperis.
original party in case of transfer of
interest pendente lite. Unless the While the authority to litigate
substitution by or the joinder of the as an indigent party may be granted
transferee is required by the court, upon an ex parte application and
failure to do so does not warrant the hearing, it may be contested by the
dismissal of the case. A transferee adverse party at any time before
pendente lite is a proper, and not an judgment is rendered.
indispensable party.
RULE 4
The case will be dismissed if the VENUE OF ACTIONS
interest of plaintiff is transferred to
defendant UNLESS there are several VENUE the place where an action must
plaintiffs, in which case, the remaining be instituted and tried.
plaintiffs can proceed with their own
cause of action. VENUE JURISDICTION
Place where the action Power of the court to

is instituted hear and decide a case consistency, whether permanent or

temporary, at the time the action is
May be waived Jurisdiction over the instituted.
subject matter and
over the nature of the
action is conferred by
law and cannot be
waived
Procedural Substantive
May be changed by the Cannot be the subject

written agreement of of the agreement of
the parties the parties
The rule on VENUE IS NOT APPLICABLE

in cases Means of waiving venue:
1) Where a specific rule or law 1. failure to object via motion to
provides otherwise; or dismiss
2) The parties have validly agreed 2. affirmative relief sought in the
in writing before the filing of court where the case is filed
the action on the exclusive 3. voluntary submission to the
venue thereof (Sec. 4). court where the case is filed
4. laches
Requisites for venue to be exclusive
1. A valid written agreement Section 3. Venue of actions against
2. Executed by the parties before non-residents.
the filing of the action; and
3. Exclusive nature of the venue. RULES
1. NON-RESIDENT FOUND IN THE
In the absence of qualifying or PHIL.
restrictive words, venue stipulation is a. for personal actions
merely permissive meaning that the where the plaintiff
stipulated venue is in addition to the resides; and
venue provided for in the rule b. for real actions where
(Polytrade Corp. vs. Blanco 30 SCRA the property is located.
187) 2. NON RESIDENT NOT FOUND IN
THE PHIL.
Section 1. Venue of real actions. An action may be filed only
when the case involves:
If property is located at the boundaries a. Personal status of
of two places: file one case in either plaintiff venue: where
place at the option of the plaintiff. plaintiff resides;
b. Any property of said
If case involves two properties located defendant located in the
in two different places: Phil. venue: where the
1. If the properties are the object property or any portion
of the same transaction, file it thereof is situated or
in any of the two places. found.
2. If they are the subjects of two
distinct transactions, separate The Supreme Court has the power to
actions should be filed in each order a change of venue to prevent a
place unless properly joined. miscarriage of justice.
Section 2. Venue of personal actions. Dismissal of Action for Improper Venue

RESIDENCE the place where the party The court may not motu propio dismiss a
actually resides with continuity and complaint on the ground of improper

venue. An exception is provided in

Section 4 of the Revised Rule on
Summary Procedure.
Filing of verified
complaint with the
MTC
court may court may

summon the dismiss the case
defendant outright
W/in 10 days If Defendant fails to

from receipt of answer in 10 days
summons, The court, motu
defendant propio or on plaintiffs
The Court should not dismiss the
answers, motion, may render complaint or counterclaim if they are
incoporating judgment based on not verified. The requirement is merely
compulsory facts alleged in the a formal one, and not jurisdictional. It
counterclaim or complaint w/o
crossclaim, and prejudice to
should therefore simply direct the party
serves a copy on R9, S3 (c) concerned to have it verified.
plaintiff
PROHIBITED PLEADINGS / MOTIONS
UNDER THE RULE ON SUMMARY
RULES ON SUMMARY PROCEDURE.
1. Motion to dismiss the complaint
Answer to If plaintiff fails to
counterclaim appear in prelim
or to quash the complaint or
and crossclaim conference, complaint information except on the
w/in 10 days may be dismissed. ground of lack of jurisdiction
Defendant entitled to over the subject matter or
decision based on his
counterclaim. All
failure to comply with prior
crossclaims dismissed. barangay conciliation (referral
Preliminary to the Lupon)
conference w/in 30 2. Motion for a bill of particulars
days after last
answer is filed 3. Motion for a new trial or for
reconsideration of a judgment or
If sole defendant for reopening of trial
fails to appear, 4. Petition for relief from
plaintiff entitled judgment
W/in 5 days after
to judgment based
conference, court
on complaint and
5. Motion for extension of time to
issues record of file pleadings, affidavits, or any
preliminary what is proved
conference therein other paper
6. Memoranda
PROCEDURE 7. Petition for certiorari,
SUMMARY mandamus, or prohibition
W/in 10 days from PROCEDURE IN CIVIL against any interlocutory order
receipt of order, CASES
submission by the issued by the court
parties of 8. Motion to declare defendant in
affidavits and default
position papers

Rendition of judgment
CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
w/in 30
Ventura, days Zabala
Jocelyn from SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and Special
receipt ofJeenice
Proceedings); last de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
affidavit, or w/in 15
days after last
clarificatory paper
9. Dilatory motions for KATARUNGANG PAMBARANGAY LAW

postponement (Title One, Book III, RA 7160)
10. Reply
11. Third party complaints No complaint, petition, action, or
12. Interventions proceeding involving any matter within
the authority of the lupon shall be filed
The filing of a prohibited pleading will or instituted directly in court or any
not suspend the period to file an answer other government office for
or to appeal. adjudication UNLESS
1. there has been a confrontation
Although a motion to dismiss is a between the parties before the
prohibited pleading, its filing after the lupon chairman or pangkat, AND
answer had already been submitted does 2. that no conciliation or
not constitute a pleading prohibited by settlement has been reached OR
the summary rules. What the rules unless the settlement has been
proscribe is a motion to dismiss that repudiated by the parties
would stop the running of the period to thereto.
file an answer and cause undue delay.
While a motion to declare the defendant

in default is prohibited by the rules on
summary procedure, the plaintiff may
nevertheless file a motion to render CASES NOT COVERED BY THE
judgment as may be warranted when the KATARUNGANG PAMBARANGAY LAW:
defendant fails to file an answer.
1. Where one party is the
The issuance of the pre-trial order is an government or any subdivision
important part of the summary or instrumentality thereof;
procedure because it is its receipt by 2. Where one party is a public
the parties that begins the ten-day officer or employee, and the
period to submit the affidavits and dispute relates to the
other evidence. performance of his official
functions;
TRIAL PROCEDURE IN CIVIL CASES 3. Offenses punishable by
imprisonment exceeding 1 year
No trial date is set. No testimonial or a fine exceeding P5,000.00;
evidence is required nor cross- 4. Offenses where there is no
examination of witnesses allowed. All private offended party;
that is required is that within (10) days 5. Where the dispute involves real
from receipt by the parties of the properties located in different
courts pre-trial order, they shall submit cities or municipalities UNLESS
(1) the affidavits of their witnesses (2) the parties thereto agree to
and other evidence on the factual issues submit their differences to
set forth in the pre-trial order, amicable settlement by an
Together with their position papers appropriate lupon;
setting forth the law and the facts 6. Disputes involving parties who
relied upon by them. actually reside in barangays of
different cities or
Judgments of inferior courts in cases municipalities, EXCEPT where
governed by summary procedure are such barangay units adjoin each
appealable to the RTC. other and the parties thereto
agree to submit their
The decision of the RTC in civil cases differences to amicable
under this rule, including ejectment settlement by an appropriate
cases, are IMMEDIATELY executory. lupon;

7. Such other classes of disputes filing a complaint in court or any

which the President may government office for adjudication.
determine in the interest of
justice. RULES ON VENUE UNDER THE
KATARUNGANG PAMBARANGAY LAW
However, the court may, at any time 1. Disputes between residents of
before trial, motu proprio refer the case the same barangay shall be
to the lupon concerned for amicable brought for settlement before
settlement, non criminal cases not lupon of said barangay
falling within the authority of the 2. Residents of different barangays
latter. within the same city or
municipality in the barangay
While the dispute is under mediation, where the respondent or any of
conciliation, or arbitration, the the respondents reside at the
prescriptive periods for offenses and election of the complainant
cause of action under existing laws shall 3. Disputes involving real property
be interrupted upon filing of the or any interest therein- where
complaint with the punong barangay. real property or larger portion
thereof is situated
THE PARTIES MAY GO DIRECTLY TO 4. Disputes arising at the

COURT IN THE FOLLOWING INSTANCES: WORKPLACE where the
1. Where the accused is under contending parties are employed
detention; or at the INSTITUTION where
2. Where the person has otherwise such parties are enrolled for
been deprived of personal study in the barangay where
liberty calling for habeas corpus such workplace or institution
proceeding; located.
3. Where the actions are coupled
with provisional remedies such CHART ON KATARUNGANG PAMBARANGAY, SEE
as preliminary injunction, PAGE 22.
attachment, delivery of
personal property, and support PROCEDURE IN REGIONAL TRIAL
pendente lite; and COURTS
4. Where the action may
otherwise be barred by the RULE 6
statute of limitations. KINDS OF PLEADINGS
The parties may, at any stage of the Section 1. Pleadings defined.

proceedings, agree in writing to have
the matter in dispute decided by PLEADINGS the written allegations of
arbitration by either the Punong the parties of their respective claims
Barangay or Pangkat. In such case, and defenses submitted to the court for
arbitrational hearings shall follow order appropriate judgment.
of adjudicative trials.
A motion to dismiss is NOT a pleading.
The settlement and arbitration It is the allegations or averments in the
agreement may be repudiated on the pleading that determines the
ground that consent is vitiated by fraud, jurisdiction of the court and the nature
violence, or intimidation. Such of the action.
repudiation shall be sufficient basis for
the issuance of the certification for

PLEADING MOTION given. A fact is essential if it cannot be

stricken out without leaving the
It relates to the cause An application for an statement of the cause of action
of action; interested order not included in insufficient.
in the matters to be the judgment
included in the Section 4. Answer
judgment.
ANSWER the pleading where the
May be initiatory Cannot be initiatory defendant sets forth his affirmative or
as they are always
negative defenses.
made in a case
already filed in court
Always filed before May be filed even

judgment after judgment
Section 3. Complaint.
COMPLAINT is a concise statement of
the ultimate facts constituting the
plaintiffs cause or causes of action,
with
a specification of the relief sought, but

it may add a general prayer for such 2 kinds of defenses that may be set
further relief as may be deemed just or forth in the answer:
equitable. a. AFFIRMATIVE DEFENSES
allegation of a new matter which
ULTIMATE FACTS - essential facts while hypothetically admitting the
constituting the plaintiffs cause of material allegations in the pleading,
action. would nevertheless prevent or bar
recovery by him. It is in the nature
What are NOT ultimate facts: of Confession and Avoidance
1. Evidentiary or immaterial facts. b. NEGATIVE DEFENSES specific
denial of the material facts or facts
2. Legal conclusions, conclusions or alleged in the pleading
inferences of facts from facts
not stated, or incorrect Insufficient denial or denial amounting
inferences or conclusions from to admissions:
facts stated. 1. General denial
2. Denial in the form of a
3. The details of probative matter negative pregnant
or particulars of evidence,
statements of law, inferences Section 6. Counterclaim
and arguments.
COUNTERCLAIM any claim which a
4. An allegation that a contract is defending party may have against an
valid or void is a mere opposing party.
conclusion of law.
Nature of counterclaim: A counterclaim
TEST OF SUFFICIENCY: if upon is in the nature of a cross-complaint.
admission or proof of the facts being Although it may be alleged in the
alleged, a judgment may be properly answer, it is not part of the answer.
Upon its filing, the same proceedings

are had as in the original complaint. For

this reason, it must be answered within
ten (10) days from service.
Section 7. Compulsory Counterclaim
RULES ON COUNTERCLAIM
A counterclaim before the MTC must be
within the jurisdiction of said court,
both as to the amount and nature
thereof (De Chua vs. IAC).
Filing of complaint
w/ the Punong
Barangay (PB)
W/in the next working day At any time during the
Proceedings
Issuance of Parties agree

summons to to submit the
the parties dispute for
arbitration
and the
witnesses
Arbitration Hearings
MediationKATARUNGANG
(hearing) PAMBARANGAY PROCEDURE
Failure of Settlement
mediation
efforts
Execution Repudiation of Award to be

Constitu- w/in 6 arbitration made after
tion of months from agreement the lapse of
the date thereof within 5 days the period to
Pangkat from date of repudiate and
agreement w/in 10 days
thereafter
Pangkat convenes not
later than 3 days
from its constitution
and summons the
Execution
parties
w/in 6 months
from the date
Pangkat
of the award
must arrive
Conciliation
at a
settlement (hearing)
w/in 15 days
from the day
it convenes
Repudiation of
Settlement settlement w/in 10 Note: Repudiation shall
days from date only be allowed on
thereof ground of vitiation of
consent by fraud,
violence or intimidation.
Execution w/in 6
months from the Failure of Conciliation
date of settlement ISSUANCE OF hearings at the Pangkat
CERTIFICATION FOR Level and of Arbitration
FILING
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); AlnaizaOF hearings
A (Special Civil Actions and
Hasiman Special shall also lead to
COMPLAINT
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)IN COURT the issuance of
certification for filing a
complaint in court.
its adjudication the adjudication the

presence of third presence of third
parties of whom the parties over whom the
court cannot acquire court cannot acquire
jurisdiction. jurisdiction.
It is barred if not set It is NOT barred even

up in the action. if not set up in the
action.
Need not be Must be answered,

answered; no default. otherwise, the
defendant can be
declared in default.
GENERAL RULE: A compulsory

counterclaim not set up in the answer is
deemed barred.
EXCEPTION: If it is an after-acquired
counterclaim, that is, such claim
matured after filing of the answer. In
this case, it may be pleaded by filing an
amended answer or a supplemental
answer or pleading.
DOCTRINE OF ANCILLARY JURISDICTION Section 8. Cross-claim

In an original action before the RTC, the CROSS-CLAIM any claim by one party
counterclaim may be considered against a co-party arising out of the
compulsory regardless of the amount transaction or occurrence that is the
(Sec. 7, Rule 6 ). subject matter either of the original
action or counterclaim.
If a counterclaim is filed in the MTC in
excess of its jurisdictional amount, the If it is not set up in the action, it is
excess is considered waived (Agustin vs. barred, except:
Bacalan). In Calo vs. Ajax Intl, the 1. when it is outside the jurisdiction
remedy where a counterclaim is beyond of the court or;
the jurisdiction of the 2. if the court cannot acquire
jurisdiction over third parties whose
MTC is to set off the claims and file a presence is necessary for the
separate action to collect the balance. adjudication of said cross-claim.
COMPULSORY PERMISSIVE In which case, the cross-claim is

COUNTERCLAIM COUNTERCLAIM considered permissive.
One which arises out It does not arise out The dismissal of the complaint carries
of or is necessarily of nor is it necessarily with it the dismissal of a cross-claim
connected with the connected with the which is purely defensive, but not a
transaction or subject matter of the cross-claim seeking affirmative relief.
occurrence that is the opposing partys
subject matter of the claim.
opposing partys
claim. Cross Claim Counterclaim 3rd-party
Complaint
It does not require for It may require for its

Against a co- Against an Against a TESTS to determine whether the third-

party opposing party person not a party complaint is in respect of
party to the plaintiffs claim:
action
1. Where it arises out of the same
transaction on which the
Must arise out May arise out of Must be in
of the or be necessarily respect of plaintiffs claim is based, or,
transaction connected with the although arising out of another
that is the the transaction opponents or different transaction, is
subject matter or that is the claim connected with the plaintiffs
of the orig. subject matter (Plaintiff) claim;
action or of a of the opposing 2. Whether the third-party
counterclaim partys claim, in defendant would be liable to the
therein. which case, it is plaintiff or to the defendant for
called a
all or part of the plaintiffs
compulsory
counterclaim, or claim against the original
it may not, in defendant; and
which case it is 3. Whether the third-party
called a defendant may assert any
permissive defenses which the third-party
counterclaim. plaintiff has or may have to the
plaintiffs claim.
Section 10. Reply.
Leave of court to file a third-party
REPLY - the response of the plaintiff to complaint may be obtained by motion
the defendants answer. under Rule 15.
EFFECT OF FAILURE TO REPLY: new Summons to new party (third, fourth,

facts that were alleged in the answer etc.) is needed for the court to obtain
are deemed controverted. Hence, the jurisdiction over his person, since he is
filing of the reply is optional except for not an original party.
the denial of the genuineness and due
execution of an actionable document Where the trial court has jurisdiction
used as defense in the answer. over the main case, it also has
jurisdiction over the third party
Section 11. Third (fourth, etc.) party complaint, regardless of the amount
complaint. involved as a third party complaint is
merely auxiliary to and is a continuation
THIRD (FOURTH,ETC.) PARTY of the main action (Republic v. Central
COMPLAINT a claim that a defending Surety & Insurance Co. L-27802, Oct. 26,
party may, with leave of court, file 1968).
against a person not a party to the
action for contribution, indemnity, Section 12. Bringing new parties.
subrogation or any other relief, in
respect of his opponents claim. Distinguished from 3rd-party complaint:
A 3rd-party complaint is proper when not
THIRD-PARTY COMPLAINT IN one of the third-party defendants
COMPLAINT INTERVENTION therein is a party to the main action.
But if one or more of the defendants in
Brings into the action Same a counterclaim or cross-claim is already
a third person who a party to the action, then the other
was not originally a necessary parties may be brought in
party.
under this section.
Initiative is with the Initiative is with a
person already a party non-party who seeks RULE 7
to the action. to join the action. PARTS OF A PLEADING

2. shall be cause for the dismissal

Section 3. Signature and address. of the case, without prejudice,
The signature of the counsel is a unless otherwise provided, upon
certification that: motion and after hearing
1. That he has read the pleading;
2. There is good ground to support EFFECT OF SUBMISSION OF FALSE
it; and CERTIFICATION OR NON-COMPLIANCE
3. It is not interposed for delay WITH THE UNDERTAKINGS THEREIN:
Only the original copies must be signed. 1. indirect contempt
UNSIGNED PLEADING may be stricken 2. administrative and criminal
out as sham and false, and the action actions
may proceed as though the pleading has
not been served. It has no legal effect. EFFECT OF WILFULL AND DELIBERATE
FORUM SHOPPING:
Section 4. Verification. 1. shall be ground for summary
dismissal of the case with
Pleadings need NOT be verified EXCEPT prejudice;
when otherwise provided by the law or 2. direct contempt.
rules.
RULE 8
A verification must now be based on
MANNER OF MAKING ALLEGATIONS IN A
personal knowledge or based on
PLEADING
authentic records.
Pleadings should state ultimate facts
essential to the right of action.
ULTIMATE FACTS: those which directly

Section 5. Certification against forum
form the bases of the right sought to be
shopping.
enforced or the defense relied upon.
If the ultimate facts are NOT alleged,
FORUM SHOPPING the filing of a two
the cause of action would be
or more cases based on the same cause
insufficient.
of action in different courts for the
purpose of obtaining a favorable
Section 4. Capacity.
decision in either.
Capacity to sue and be sued
Test to determine the presence of
either personally or in representative
forum-shopping: whether in the two (or
capacity must be specifically averred by
more) cases pending, there is identity of
the party suing or being sued, and
(a) parties, (b) rights or causes of
specifically denied by the party
action, and (c) reliefs sought.
questioning such capacity.
The certificate is to be executed by
Capacity is challenged by
petitioner, and not by counsel.
specific denial, motion to dismiss or bill
of particulars.
Required ONLY for complaints or
initiatory pleadings.
Section 5. Fraud, mistake, condition of
the condition
Certificate of non-forum shopping is not
required in a compulsory counterclaim
FACTS THAT MAY BE AVERRED
(UST Hosp. vs. Surla).
GENERALLY:
1. Conditions precedent (BUT there
EFFECT OF FAILURE TO COMPLY:
must still be an allegation that
1. Not curable by amendment of
the specific condition precedent
said pleading
has been complied with,

otherwise, it will be dismissed document was not complied

for failure to state a cause of with.
action) 2. The document need not be
2. Malice, intent, knowledge, or formally offered in evidence.
other condition of the mind
3. Judgments of domestic or GENUINENESS
foreign courts, tribunals, That the document is not spurious,
boards, or officers (no need to counterfeit, or of different import on its
show jurisdiction) face from the one executed by the
4. Official document or act party, or that the party whose signature
it bears has signed it and that at the
FACTS THAT MUST BE AVERRED time it was signed it was in words and
PARTICULARLY: figures exactly as set out in the
1. Circumstances showing fraud or pleadings.
mistake in all averments of
fraud or mistake DUE EXECUTION
2. Capacity That the document was signed
voluntarily and knowingly by the party
ACTIONABLE DOCUMENT written whose signature appears thereon.
instrument upon which the action or
defense is based. Defenses that the opposing party may
set up even after failure to deny under
oath:
1. Mistake;
2. fraud;
3. compromise;
4. payment;
Two permissible ways of pleading an 5. prescription;
actionable document: 6. want or illegality of
1. By setting forth the substance of consideration; or
such document in the pleading 7. estoppel
and attaching said document
thereto as an annex (contents of BUT the following defenses are
the document annexed are waived:
controlling, in case of variance a. forgery in the signature;
in the substance of the b. want of authority of an agent or
document set forth in the corporation;
pleading and in the document c. want of delivery; or
attached); or d. the party charged signed the
2. By setting forth said document instrument in some other
verbatim in the pleading. capacity
Where the actionable document is Section 10. Specific Denial

properly alleged, the failure to
specifically deny under oath the same THREE WAYS OF MAKING A SPECIFIC
results in: DENIAL:
1. The admission of the 1. By specifically denying each
genuineness and due execution material allegation of the other
of said document, EXCEPT that party and, whenever possible,
an oath is not required: setting forth the substance of
a. When the adverse party was the matters relied upon for such
not a party to the denial;
instrument; and 2. Part admission or part denial;
b. When an order for the 3. By an allegation of lack of
inspection of the original knowledge or information
sufficient to form a belief as to

the truth of the averment in the be barred by laches. (Tijam vs.

opposing partys pleading (must Sibonghanoy).
be made in good faith).
The presence of these grounds
A denial must not be general. A general authorizes the court to motu proprio
denial is regarded as an admission of the dismiss the claims. These grounds must,
facts stated in the complaint and however, appear from the pleadings or
entitles plaintiff to a judgment on the the evidence on record.
pleadings.
Section 3.
NEGATIVE PREGNANT a form of denial
which at the same time involves an DEFAULT the failure of the defendant
affirmative implication favorable to the to answer within the proper period. It is
opposing party; It is in effect, an not his failure to appear nor failure to
admission of the averment to which it is present evidence.
directed; It is said to be a denial
pregnant with an admission of the
substantial facts in the pleading ORDER OF JUDGMENT BY
responded to. DEFAULT DEFAULT
issued by the court, Rendered by the court
Section 11. Allegation not specifically on plaintiffs motion following a default
denied deemed admitted. for failure of the order or after it
defendant to file his received, ex parte,
GENERAL RULE: Allegations NOT responsive pleading plaintiffs evidence.
seasonably.
specifically denied deemed admitted
Interlocutory - not Final appealable
(such as allegations of usury in the appealable
complaint, and the authenticity and due
execution of actionable documents).
NO default may be declared in the
EXCEPTIONS:
following actions:
1. Allegations as to the amount of
1. Annulment of marriage
unliquidated damages
2. Declaration of nullity of
2. Immaterial allegations;
marriage
3. Incorrect conclusions of fact.
3. Legal Separation
4. Special civil actions of
RULE 9
certiorari, prohibition and
EFFECT OF FAILURE
mandamus where comment
TO PLEAD
instead of an answer is required
to be filed
Section 1. Defenses and objections not
pleaded.
The court cannot motu proprio declare a
GENERAL RULE: Defenses and objections
defendant in default. For defendant to
that are not pleaded in a MOTION TO
be declared in default, the plaintiff
DISMISS or in the answer are deemed
must:
waived.
1. File a MOTION to declare
EXCEPTIONS (not waived even if not
defendant in default
raised):
2. Prove that summons have been
1. Lack of jurisdiction over the
properly served on the
subject matter
defendant
2. Litis pendentia
3. Prove that the defendant really
3. Res judicata
failed to answer within the
4. Prescription of the action
proper period.
These defenses may be raised at any CAUSES OF DEFAULT
stage of the proceedings even for the 1. Failure to answer within the
first time on appeal EXCEPT that lack of proper period
jurisdiction over the subject matter may

2. Non-compliance with the order subsequent proceedings.

of the court to file a bill of 2. He may still be called on as a
particulars or in case of witness, in behalf of the non-
insufficient compliance defaulting defendants.
therewith (Rule 12, Section 4)
3. Refusal to comply with the
modes of discovery (Rule 29,
Section 3, par. c) DEFAULT
4. Failure to furnish plaintiff with
a copy of the answer
If the defendant was declared in default

upon an original complaint, the filing of
the amended complaint resulted in the
withdrawal of the original complaint,
hence, the defendant was entitled to
file answer to the amended complaint as
to which he was not in default.
After the
EFFECT OF ORDER OF
lapse of time DEFAULT:
to file an
answer, the Motion denied:
plaintiff may Defendant
move to allowed to file an
declare the answer
defendant in
default
Defendant
answers
Motion granted:
Court issues order 1. While the party
of default and
renders judgment,
in default
or require plaintiff cannot take part
to submit evidence in the trial, he
ex parte. is nonetheless
entitled to
notice of
Court
maintains
Before judgment order of PARTIAL DEFAULT:
by default is default 1. The pleading asserting a claim
rendered, states a common cause of action
defendant may: against several defending
1. move to set
aside order of
parties
default upon 2. some of the defending parties
showing: answer and the others fail to do
a. FAME so
b. He has a
meritorious
3. the answer interposes a common
defense defense
2. Avail of Rule 65
in proper cases EFFECT OF PARTIAL DEFAULT: The
court will try the case against ALL
Presentation defendants upon the answer of some
of plaintiffs EXCEPT where the defense is personal to
Court sets aside
evidence ex- the one who answered, in which case, it
parte
order of default and
defendant is
allowed to file an
answer
CHAIRPERSON: Jinky Ann If Uy
plaintiff
ASST. CHAIRPERSONS: If plaintiff
Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala proves hisHEADS: Jona Obiafails
SUBJECT to
(Civil Procedure); Alnaiza Hasiman (Special Civil Actions and Special
Proceedings); Jeenice deallegations,
Sagun (Criminal Procedure);prove
Elaine his
Masukat (Evidence)
judgment by allega-tions,
Case set for default. case is
pre-trial dismissed.
will not benefit those who did not AMENDED AND SUPPLEMENTAL
answer. PLEADINGS
REMEDY FROM JUDGMENT BY DEFAULT AMENDMENTS

(FLOW CHART) Section 1. Amendments in general.
Judgment by default When the complaint is amended, 2

situations may arise:
1. If the complaint merely corrects
or modifies the original
complaint, then the action is
Motion for new trial or reconsideration at
any time after service of judgment by deemed commenced upon the
default and within 15 (30) days therefrom filing of the original complaint;
2. If the amended complaint
alleges a new cause of action,
then that cause of action is
Failure to file motion for new trial/ deemed commenced upon the
Denial of said motion
filing of the amended
complaint.
Perfect appeal from said judgment by Section 2. Amendments as a matter of

default within the balance of said right.
15 (30) - day period
Amendment for the first time is a

matter of right before a responsive
Failure to appeal without pleading is filed, or in case of a Reply,
defendants faulk within 10 days after it was served.
Since a motion to dismiss is NOT a

responsive pleading, an amendment may
Petition for relief from judgment within
60 days from notice of the judgment but be had even if an order of dismissal has
within 6 months from entry thereof been issued as long as the amendment is
made before order of dismissal becomes
final.
Annulment of Judgment
Section 3. Amendments by leave of
under Rule 47
court.
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.
EXTENT OF RELIEF TO BE AWARDED IN Section 5. Amendment to conform to
A JUDGMENT BY DEFAULT: or authorize presentation of evidence.
Shall not exceed the amount OR be
different in kind from that prayed for 1ST PART: refers to amendment to
NOR award unliquidated damages. conform to evidence when issues NOT
raised by the pleadings are tried with
the express or implied consent of the
RULE 10 parties

- but failure to amend does NOT affect reiterated in the amended

the result of the trial of these issues pleading are deemed waived.
2ND PART: refers to amendment to The amended or superseded, original

authorize presentation of evidence if pleading is not expunged but remains on
evidence is objected to at the trial on the record although the admission of the
the ground that it is not within the amended pleading amounts to
issues made by the pleadings. withdrawal of the original pleading.
SUPPLEMENTAL PLEADINGS RULE 11

A cause of action which accrued after WHEN TO FILE RESPONSIVE PLEADINGS
the filing of the original complaint may,
in the discretion of the court, be Answer to the complaint
pleaded in a supplemental complaint if 1. Within 15 days after service of
there was a valid subsisting cause of summons, UNLESS a different period
action at the time the original is fixed by the Court (Sec. 1)
complaint was filed.
2. In case the defendant is a foreign
AMENDED SUPPLEMENTAL private juridical entity:
a. if it has a resident agent
PLEADING PLEADING
within 15 days after service
of summons to him
Refers to facts Refers to facts arising
existing at the time after the filing of the b. if it has no resident agent,
of the original pleading. but it has an agent or officer
commencement of in the Philippines within 15
the action. days after service of
summons to said agent or
Take the place of the Taken together with officer
original pleading. the original pleading. c. if it has no resident agent
nor agent nor officer in
Can be made as a Always with leave of which case service of
matter of right as court
summons is to be made on
when no responsive
pleading has yet been the proper government
filed office which will then send a
copy by registered mail to
the home office of the
Section 7. Filing of amended pleadings. foreign private corporation
within 30 days after receipt
The amended pleading supersedes the of summons by the home
original pleading. office of the foreign private
entity.
An amendment which merely
supplements and amplifies facts 3. In case of service of summons by
originally alleged in the complaint publication within the time
relates back to the date of the specified in the order granting leave
commencement of the action and is not to serve summons by publication,
barred by the statute of limitations which shall NOT be less than 60 days
which expired after service of the after notice (Rule 14, Sec.15).
original complaint.
EFFECT OF AMENDED PLEADING: 4. In case of a non-resident defendant
1. Admissions in the superseded on whom extraterritorial service of
pleading can still be received in summons is made, the period to
evidence against the pleader; answer should be at least 60 days.
2. Claims or defenses alleged
therein but not incorporated or

The court may extend the time to file BILL OF PARTICULARS- a more definite
the pleadings BUT may NOT shorten statement of any matter which appears
them. vague or obscure in a pleading.
The 15-day period begins to run from PURPOSE: to aid in the preparation of a
receipt of summons. responsive pleading.
Section 3. Answer to amended Motion for bill of particulars must be

complaint. filed within the reglementary period for
1. If the filing of an amended the filing of a responsive pleading. The
complaint is a matter of right - filing of a motion if sufficient in form
within 15 days from service of and substance, will interrupt the time
the amended complaint. to plead.
2. If the filing of the amended
complaint is NOT a matter of The motion for bill of particulars may be
right within 10 days counted granted in whole or in part as not all the
from notice of the court order allegations questioned by the movant
admitting the same. are necessarily ambiguous as to require
clarification.
If no new answer is filed by the
defendant in case an amendment has A bill of particulars may be filed either
been made after he had filed his in a separate or an amended pleading.
answer, the original answer of the A bill of particulars becomes part of the
defendant may serve as the answer to pleading which it supplements.
the amended complaint, and hence,
cannot be declared in default. EFFECTS OF MOTION
1. If the motion is granted, the
Section 5. Answer to third (fourth, movant can wait until the bill of
etc.)-party complaint. particulars is served on him by
The third-party defendant is served with the opposing party and then he
summons just like the original will have the balance of the
defendant, hence, he also has 15, 30, 60 reglementary period within
days from service of summons, as the which to file his responsive
case may be, to file his answer. pleading.
Section 7. Answer to supplemental 2. If his motion is denied, he will

complaint. still have such balance of the
Leave of court is required in filing, the reglementary period to do so,
court may fix a different period for counted from service of the
answering the supplemental complaint order denying his motion. In
in lieu of the reglementary 10-day either case, he will have at least
period. 5 days to file his responsive
pleading.
Section 10. Omitted counterclaim or
cross-claim. Effect of non-compliance:
The pleader may set up a counterclaim 1. If the Order is not obeyed or in
or cross-claim by amendment before case of insufficient compliance
judgment when he fails to set it up by therewith, the court:
reason of oversight, inadvertence, or a. may order the striking
excusable neglect ort when justice out of the pleading or
requires. Leave of court is necessary. the portion thereof to
which the order is
RULE 12 directed; or
BILL OF PARTICULARS b. make such order as it
may deem just.

2. If plaintiff, his compliant will be a. Delivering personally a copy to

stricken off and dismissed (Rule the party or his counsel or;
12, sec. 4; Rule 17, sec. 3) b. Leaving a copy in counsels
office with his clerk or with a
3. If defendant, his answer will be person having charge thereof or;
stricken off and his counterclaim c. Leaving the copy between 8 a.m.
dismissed, and he will be and 6 p.m. at the partys or
declared in default upon motion counsels residence, if known,
of the plaintiff (Rule 12, sec. 4; with a person of sufficient age
Rule 17, sec. 4; Rule 9, sec. 3). and discretion residing therein--
-if no person found in his office,
or if his office is unknown, or if
RULE 13 he has no office.
FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS 2. SERVICE BY MAIL
If no registry service is available in the
Notice given to a party who is duly locality, of either sender or addressee,
represented by counsel is a nullity, service may be done by ordinary mail.
unless service thereof on the party
himself was ordered by the court or the 3. SUBSTITUTED SERVICE
technical defect was waived. Delivering the copy to the clerk of court
with proof of failure of both personal
and service by mail.
Section 3. Manner of filing.
1. Personally JUDGMENTS, FINAL ORDERS,
2. by registered mail RESOLUTIONS (Sec.9)
1. By personal service; or
Filing by mail should be through the 2. By registered mail;
registry service which is made by 3. By publication, if party is
deposit of the pleading in the post summoned by publication and
office, and not through other means of has failed to appear in the
transmission. action.
If registry service is not available in the They can be served only under the three
locality of either sender or addressee, modes.
service may be done by ordinary mail.
They CANNOT be served by substituted
If a private carrier is availed of by the service.
party, the date of actual receipt by the
court of such pleading and not the date NOTE: A resort to modes other than by
of delivery to the carrier, is deemed to personal service must be accompanied
be the date of the filing of that by a written explanation why the service
pleading. or filing was not done personally (Sec.
11).
NOTE: PERSONAL and SUBSTITUTED
service as applied to pleadings have a Section 10. Completeness of service.
different meaning compared to summons
under Rule 14. 1. Personal service
a. by handling a copy to defendant;
or
b. tendering him copy if he
refuses;
c. complete upon actual delivery
MODES OF SERVICE
PLEADINGS 2. Service by ordinary mail:
1. PERSONAL SERVICE

Complete upon expiration of 10

days after mailing, unless the The defendant may also record a notice
court provides otherwise. of lis pendens when he claims an
affirmative relief in his answer.
3. Service by registered mail:
a. Complete upon actual receipt by Notice of lis pendens CANNOT be
the addressee; or cancelled on an ex parte motion or upon
b. After 5 days from the date he the mere filing of a bond by the party
received the 1st notice of the on whose title the notice is annotated,
postmaster, whichever date is as section 14 provides that such
earlier. cancellation may be authorized ONLY
upon order of court, after proper
Section 12. Proof of filing. showing that:
Filing is proved by its existence in the 1. The notice is for the purpose of
record of the case. molesting the adverse party; or
2. It is not necessary to protect the
If it is not in the record, and: rights of the party who caused it
If filed personally: proved by the to be recorded.
written or stamped acknowledgment of
its filing by the clerk of court on a copy RULE 14
of the same; or SUMMONS
If filed by registered mail: proved by PURPOSE OF SUMMONS:

-the registry receipt and the affidavit of 1. to acquire jurisdiction over the
the person who did the mailing. person of the defendant, and;
2. to give notice to the defendant
Section 13. Proof of service that an action has been
1. Proof of personal service: commenced against him.
a. Written admission of the party
served; or EFFECT OF NON-SERVICE: Unless there
b. Official return of the server; or is waiver, non-service or irregular
c. Affidavit of the party serving. service renders null and void all
subsequent proceedings and issuances in
2. Proof of service by ordinary mail: the action from the order of default up
Affidavit of the person mailing; to and including the judgment by
default and the order of execution.
3. Proof of service by registered mail: Where the defendant has already been
a. Affidavit, and served with summons on the original
b. Registry receipt issued by the complaint, no further summons is
mailing office. required on the amended complaint if it
does not introduce new causes of action.
Section 14. Notice of lis pendens.
But where the defendant was declared
LIS PENDENS - a notice of a pendency of in default on the original complaint and
the action between the parties involving the plaintiff subsequently filed an
title to or right of possession over real amended complaint, new summons must
property. be served on the defendant on the
amended complaint, as the original
It serves as a warning to all persons, complaint was deemed withdrawn upon
prospective purchasers or such amendment.
encumbrancers of the property in
litigation to keep their hands off the
property in litigation unless they are
prepared to gamble on the result of the Section 3. By whom served.
proceedings. Summons may be served by:

1. Sheriff appointment of a
2. Sheriffs deputy, or guardian ad litem for
3. Other proper court officers, or him.
4. For justifiable reasons, by any
suitable person authorized by
the court issuing the summons. Service upon Serve on officer having
prisoner management of the jail or
Enumeration is EXCLUSIVE. prison
ALIAS SUMMONS issued when original Service upon To the president,

has not produced its effect because it is domestic private managing partner,
juridical entity general manager,
defective in form or manner of service,
ENTITY corporate secretary,
and when issued, supersedes the first treasurer, or in-house
(Section 5). counsel.
NOTE: Service upon a
KINDS OF SERVICE OF SUMMONS: person other than those
1. personal service mentioned is invalid and
2. substituted service does not bind the
3. by publication corporation. The
enumeration is
EXCLUSIVE.
In actions in personam where the
defendant cannot be served with Service upon Serve on resident agent ;
summons personally or by substituted foreign private or if none; on govt
service, the case must first be converted juridical entity official designated by
into an in rem or quasi in rem action by law; or
attaching the property of the defendant on any officer or agent of
found in the Philippines before summons the corporation within
can be served by publication. If no the Philippines.
property can be found, the action shall
be archived but shall not be dismissed. Service upon in case defendant is the
public Republic of the
(Citizens Surety vs. Court Appeals) corporations Philippines - by serving
upon the Solicitor General
SERVICE OF SUMMONS ON DIFFERENT in case of a province, city
ENTITIES or municipality, or like
public corporations by
Service on entity Upon any or all serving on its executive
w/o juridical defendants being sued head, or on such other
personality under common name; or officer or officers as the
person in charge of office law or the court may
direct.
Service upon In case of minors: by
minors and serving upon the minor, Extraterritorial Requisites
incompetents regardless of age, AND service a. defendant does
upon his legal guardian, not reside or is
or also upon either of his not found within
parents. the Phil.
In case of incompetents: b. he action either:
by serving on him
personally AND upon his personal status of
legal guardian, but not plaintiff;
upon his parents, unless
when they are his legal subject of which is
guardians property within
IN ANY EVENT, if the the Philippines in
minor or incompetent has which defendant
no legal guardian, the has a lien or
interest;
plaintiff must obtain the

over the person of the defendant shall

which consists NOT be deemed a voluntary
wholly or in part appearance.
in excluding the
defendant from
RULE 15
any interest in any
property within MOTIONS
the Phil; or
defendant has MOTION is an application for relief

been attached in other than by a pleading.
the Phil.
GENERAL RULE: Motions must be in
Mode of service writing.
a. with leave of court
EXCEPTION: Those made in open court
served outside the
Phil. By personal or in the course of hearing or trial.
service; or
b. with leave of court KINDS OF MOTIONS
serve by publication
in a newspaper of a. motion EX PARTE- made without
general circulation, the presence or a notification to the
in which case copy of other party because the question
the summons and generally presented is not
order of court must
debatable.
also be sent by
registered mail to
the last known b. motion OF COURSE where the
address of movant is entitled to the relief or
defendant; or remedy sought as a matter of
c. any other manner discretion on the part of the court.
the court deem
sufficient. c. LITIGATED motion one made with
notice to the adverse party to give
an opportunity to oppose.
Service upon a Substituted service or
resident with leave of court,
temporarily out of personal service out of d. SPECIAL motion- motion addressed
the Phil. the Phil. as under to the discretion of the court.
extraterritorial service
GENERAL RULE: A motion cannot pray
Service upon an With leave of court, by for judgment.
unknown publication in a EXCEPTIONS:
defendant or newspaper of general 1. Motion for judgment on the
whose circulatiuon pleadings
whereabouts are
unknown
2. Motion for summary judgment
3. Motion for judgment on
demurrer to evidence.
Section 20. Voluntary appearance.
Section 4. Hearing on motion.
Any form of appearance in court, by the 3-DAY NOTICE RULE
defendant, by his agent authorized to do GENERAL RULE: Service of the copy of
so, or by attorney, is equivalent to motions should be made in such a
service of summons EXCEPT where such manner as shall ensure its receipt at
appearance is precisely to object to the least 3 days before the hearing.
jurisdiction of the court over the person EXCEPTIONS:
of the defendant. 1. Ex parte motions
2. Urgent motions
Inclusion in a motion to dismiss of other 3. Motions agreed upon by the
grounds aside from lack of jurisdiction parties to be heard on shorter

notice or jointly submitted by 9. Claim or demand has been paid,

the parties, and waived, abandoned, or
4. Motions for summary judgment otherwise extinguished
which must be served at least 10 10. Claim is unenforceable under
days before its hearing the Statute of Frauds
5. Non-litigated motions. 11. Non-compliance with a condition
precedent for filing claim
Section 5. Notice of hearing.
NOTICE OF HEARING shall: MOTION TO DISMISS MOTION TO DISMISS
1. Be addressed to all parties
UNDER RULE 16 UNDER RULE 33
concerned
2. Specify the time and date of the (demurrer to
hearing which must not be later evidence)
than 10 days after the filing of
the motion Grounded on based on insufficiency
preliminary of evidence.
NOTE: Any motion that does not comply objections.
with Sections 4, 5 and 6 of this Rule is a
may be filed by any May be filed only by
mere scrap of paper, should not be
defending party the defendant against
accepted for filing and, if filed, is not against whom a claim the complaint of the
entitled to judicial cognizance and does is asserted in the plaintiff.
not affect any reglementary period action.
involved for the filing of the requisite
pleading. should be filed within May be filed only
the time for but prior after the plaintiff has
Omnibus Motion Rule - All available to the filing of the completed the
grounds for objection in attacking a answer of the presentation of his
pleading, order, judgment, or defending party to the evidence.
pleading asserting the
proceeding should be invoked at one
claim against him.
time, otherwise, they shall be deemed
waived. If denied, defendant If denied, defendant
answers, or else he may present evidence
Motion for leave to file a pleading or may be declared in if granted, plaintiff
motion shall be accompanied by the default appeals and the Order
pleading or motion sought to be If granted, plaintiff of the dismissal is
admitted, otherwise, the latter will be may appeal or if reversed, the
denied. subsequent case is not defendant loses his
barred, he may re-file right to present
the case evidence.
RULE 16
MOTION TO DISMISS
Effect of motion to dismiss: A motion to
A Motion to Dismiss is NOT a responsive dismiss hypothetically admits the truth
pleading. of the facts alleged in the complaint.
Section 1. Grounds. However, such admission is limited only

1. No jurisdiction over the person to all material and relevant facts which
of the defending party are well pleaded in the complaint.
2. No jurisdiction over the subject
matter of the claim An action cannot be dismissed on a
3. Improper venue ground not alleged in the motion even if
4. No legal capacity to sue said ground is provided for in Rule 16.
5. Litis pendentia
6. Res judicata EXCEPT:
7. Prescription 1. Those cases where the court may
8. States no cause of action dismiss a case motu proprio
(Sec. 1, Rule 9)

2. Such ground appears in the An action cannot be dismissed on the

allegations of the complaint or ground that the complaint is vague or
in plaintiffs evidence indefinite. The remedy of the defendant
is to move for a bill of particulars or
REQUISITES OF LITIS PENDENTIA avail of the proper mode of discovery.
1. Parties to the action are the
same GENERAL TYPES OF A MOTION TO
2. There is substantial identity in DISMISS
the cause of action and relief 1. motion to dismiss before answer
sought under Rule 16
3. The result of the first action is 2. motion to dismiss under Rule 17
determinative of the second in a. upon notice by plaintiff
any event and regardless of b. upon motion of plaintiff
which party is successful c. due to fault of plaintiff
3. motion to dismiss on demurrer to
Motion to dismiss may be filed in either evidence after plaintiff has rested
suit, not necessarily in the one his case under Rule 33
instituted first. 4. motion to dismiss the appeal filed
either in the lower court (Rule
REQUISITES OF RES JUDICATA 41,Sec. 13) or in the appellate
1. Previous final judgment court (Rule 50, Sec.1 ).
2. Jurisdiction over the subject
matter and the parties by the EFFECTS OF REMEDY
court rendering it
ACTION ON MTD
3. Judgment upon the merits
Order granting motion Appeal from the order
4. In a case prosecuted between
to dismiss is final of dismissal
same parties order
5. Involving the same subject Order denying the Certiorari and
matter motion to dismiss is prohibition if there is
6. Same cause of action interlocutory grave abuse of
discretion amounting
There could be res judicata without a to lack or excess of
trial, such as in a judgment on the jurisdiction under
pleadings (Rule 34); a summary Rule 65
judgment (Rule 35); or an order of
dismissal under Section 3 of Rule 17.
Section 4. Time to plead.
When the ground for dismissal is that
the complaint states no cause of action, Defendant is granted only the balance of
such fact can be determined only from the reglementary period to which he
the facts alleged in the complaint. was entitled at the time he filed his
motion to dismiss, counted from his
Where the plaintiff has not exhausted receipt of the denial order, but not less
all administrative remedies, the than 5 days in any event.
complaint not having alleged the fact of
such exhaustion, the same may be The same rule of granting only the
dismissed for failure to state a cause of balance of the period is followed where
action. the court, instead of denying the motion
to dismiss, orders the amendment of the
Non-compliance with P.D. 1508 pleading challenged by the motion, in
(Katarungang Pambarangay Law) may which case, the balance of the period to
result to dismissal of the case on the answer runs from his receipt of the
ground of non-compliance with a amended pleading.
condition precedent.

Section 5. Effect of dismissal Section 2. Dismissal upon motion of

GENERAL RULE: The action or claim may plaintiff.
be refiled.
EXCEPTION: The action cannot be Where the plaintiff moves for the
refiled if it was dismissed on any of dismissal of his complaint to which a
these grounds: counterclaim has been interposed, the
1. Res judicata; dismissal shall be limited to the
2. Prescription; complaint.
3. Extinguishment of the claim
or demand; Such dismissal shall be without
4. Unenforceability under the prejudice to the right of the defendant
Statute of Frauds. to either:
1. Prosecute his counterclaim in a
Section 6. Pleading grounds as separate action,
affirmative defenses.
If no motion to dismiss had been filed, In this case, the court should
any of the grounds for dismissal render the corresponding order
provided for in Rule 16, INCLUDING granting and reserving his right
IMPROPER VENUE, may be pleaded as to prosecute his claim in a
affirmative defenses and preliminarily separate complaint.
heard in the discretion of the court.
-OR-
Dismissal under this section WITHOUT
prejudice to the prosecution in the same 2. To have the same resolved in
or separate action of a COUNTERCLAIM the same action.
pleaded in the answer
In such case, defendant must
RULE 17 manifest such preference to the
DISMISSAL OF ACTIONS trial court within 15 days from
notice to him of plaintiffs
Section 1. Dismissal upon notice by motion to dismiss.
plaintiff.
These alternative remedies of the
Dismissal is effected not by motion but defendant are available to him
by mere NOTICE of dismissal which is a REGARDLESS OF WHETHER HIS
matter of right BEFORE the defendant COUNTERCLAIM IS COMPULSORY OR
has answered or moved for a summary PERMISSIVE.
judgment.
Dismissal under this rule is WITHOUT
But notice of dismissal requires an order PREJUDICE, EXCEPT:
of the court confirming the dismissal. 1. When otherwise stated in the
Such dismissal is WITHOUT PREJUDICE, motion to dismiss;
EXCEPT: 2. When stated to be with
1. Where the notice of dismissal so prejudice in the order of the
provides; court.
2. Where the plaintiff has previously
dismissed the same case in a The approval of the court is necessary in
court of competent jurisdiction the dismissal or compromise of a class
(TWO-DISMISSAL RULE); suit.
3. Even where the notice of
dismissal does not provide that Section 3. Dismissal due to fault of
it is with prejudice but it is plaintiff.
premised on the fact of payment
by the defendant of the claim CAUSES FOR DISMISSAL
involved. 1. Plaintiff fails to appear for no
justifiable cause on the date of

the presentation of his evidence RULE 18

in chief on the complaint PRE-TRIAL
2. Plaintiff fails to prosecute his
action for an unreasonable PRE-TRIAL- a mandatory conference and
length of time (NOLLE personal confrontation before the judge
PROSEQUI) between the parties and their respective
3. Plaintiff fails to comply with counsel.
these Rules or any order of the
court. Unjustifiable inaction on The plaintiff must promptly move ex
the part of plaintiff to have the parte that the case be set for pre-trial ,
case set for trial is a ground for and this he must do upon the service
dismissal for failure to and filing of the last pleading.
prosecute.
The pre-trial and trial on the merits of
Complaint may be dismissed the case must be held on separate
1. Upon motion of the defendant, dates.
or
2. Upon courts own motion. When non-appearance of a party may
be excused (Sec.4):
Dismissal shall have the effect of an 1. If a valid cause is shown
ADJUDICATION UPON THE MERITS therefore
(WITH PREJUDICE), unless otherwise 2. If a representative shall appear
declared by the court. in his behalf fully authorized in
writing to:
a. Enter into an amicable
SECTION 2 SECTION 3 settlement
b. Submit to alternative modes
Dismissal is at the Dismissal is not of dispute resolution
instance of the procured by plaintiff c. Enter into stipulations or
plaintiff; though justified by admissions of facts and of
causes imputable to documents
him;
A special authority for an attorney to
Dismissal is a matter Dismissal is a matter compromise is required under Sec. 23,
of procedure, without of evidence, an
Rule 138. Under Art. 1878 (c) of the
prejudice unless adjudication on the
otherwise stated in merits; Civil Code, a special power of attorney
the order of the court is required.
or on plaintiffs
motion to dismiss his
own complaint;
Dismissal is without Dismissal is without

prejudice to the right prejudice to the right
of the defendant to of the defendant to
prosecute his prosecute his
counterclaim in a counterclaim on the
separate action unless same or separate
w/in 15 days from action.
notice of the motion
he manifests his
intention to have his
counterclaim resolved
in the same action

EFFECT OF NON-APPEARANCE OF
PLAINTIFF:
Cause for dismissal of the action, with PRE-TRIAL
prejudice, unless otherwise ordered by
the court.
EFFECT OF NON-APPEARANCE OF
DEFENDANT:
No Amicable Failure to
Cause to allow the plaintiff to Settlement Settlement Appear
present evidence ex parte and
the court to render judgment
on the basis thereof.
Agreements
Pre-trial brief. It is the made by parties; If plaintiff is If defendant
mandatory duty of the Amendments to Absent, when is absent,
pleading; so required court may
parties to seasonably file
Schedule of trial to attend, hear evidence
their pre-trial briefs under the court of plaintiff
the conditions and with the may dismiss ex parte
sanctions provided therein. the case
Failure to file pre-trial brief

has the same effect as failure TRIAL
to appear at the pre-trial.
Record of pre-trial. The contents of the If evidence is insufficient to

prove plaintiffs cause of
PRE-TRIAL order shall control the Court action or defendants
subsequent course of the action, UNLESS renders counterclaim, court rules in
modified before trial to prevent decision favor of either one or
manifest injustice. dismisses the case
A party is deemed to have waived the

delimitations in a pre-trial order if he
failed to object to the introduction of
evidence on an issue outside of the pre-
trial order, as well as in cross-examining
the witness in regard to said evidence.
FOR CHART ON PRE-TRIAL PLS. SEE THE NEXT

PAGE.

matter in litigation and of such direct

and immediate character that the
intervenor will either gain or lose by the
direct legal operation and effect of the
judgment.
RULE 19
INTERVENTION INTERVENTION INTERPLEADER
WHO may intervene? An ancillary action. An original action.
1. One who has legal interest in Proper in any of the Presupposes that the
the matter in litigation four situations plaintiff has no
2. One who has legal interest in mentioned in this interest in the subject
Rule. matter of the action
the success of either of the
or has an interest
parties, therein, which in
3. One who has an interest against whole or in part, is
both parties not disputed by the
4. One who is so situated as to be other parties to the
adversely affected by a action.
distribution or other disposition
of property in the custody of the
court or of an officer thereof. Defendants are Defendants are being
already original sued precisely to
parties to the pending implead them
FACTORS TO BE CONSIDERED BY THE
suit
COURT
1. Whether or not the intervention
will unduly delay or prejudice
Section 2. Time to intervene.
the adjudication of the rights of
At any time before rendition of
the original parties;
judgment by the trial court.
JUSTIFICATION: Before judgment is

rendered, the court, for good cause
shown, may still allow the introduction
of additional evidence and that is still
within the liberal interpretation of the
period for trial.
Since no judgment has yet been

rendered, the matter subject of the
intervention may still be readily
resolved and integrated in the judgment
disposing of all claims in the case.
REMEDIES FOR THE DENIAL OF

INTERVENTION:
1. APPEAL
2. MANDAMUS if there is grave
abuse of discretion
If there is improper granting of
intervention, the remedy of the party is
2. Whether or not the intervenors
rights may be fully protected in certiorari.
a separate proceeding.
RULE 21
The interest which entitles a person to SUBPOENA
intervene in a suit must be on the

SUBPOENA SUMMONS 3. The person asking for the

an order to appear and Order to answer subpoena does not advance the
testify or to produce complaint cost for the production of the
books and documents articles desired.
may be served to a Served on the
non-party defendant B. Subpoena AD TESTIFICANDUM may be
needs tender of does not need tender quashed if the witness is not bound
kilometrage, of kilometrage and thereby.
attendance fee and other fees
reasonable cost of In EITHER case, the subpoena may be
production fee
quashed for failure to tender the
witness fees and kilometrage allowed by
SUBPOENA AD TESTIFICANDUM a
the Rules.
process directed to a person requiring
him to attend and to testify at the
GENERAL RULE
hearing or the trial of an action, or at
a. The court which issued the
any investigation conducted by
subpoena may issue a warrant
competent authority, or for the taking
for the arrest of the witness and
of his deposition.
make him pay the cost of such
warrant and seizure, if the court
SUBPOENA DUCES TECUM a process
should determine that his
directed to a person requiring him to
disobedience was willful and
bring with him books, documents, or
without just cause (Sec. 8);
other things under his control.
b. The refusal to obey a subpoena
Section 2. By whom issued
without adequate cause shall be
WHO may issue
deemed a contempt of the court
1. Court before whom the witness
issuing it (Sec.9).
is required to attend
Exceptions:
2. Court of the place where the
Provisions regarding the compelling of
deposition is to be taken
attendance (Sec. 8) and contempt (Sec.
3. Officer or body authorized by
9) does not apply where:
law to do so in connection with
investigations conducted by said
a. Witness resides more than 100
officer or body
km from his residence to the
4. Any Justice of the SC or of the
place where he is to testify by
CA in any case or investigation
the ordinary course of travel,
pending within the Philippines.
generally, by overland
transportation (VIATORY
SUBPOENA TO A PRISONER must be for
RIGHT).
a valid purpose; if prisoner required to
appear in court is sentenced to death,
b. Permission of the court in which
reclusion perpetua or life imprisonment
the detention prisoners case is
and is confined in prison must be
pending was not obtained.
authorized by the SC.
RULES OF DISCOVERY
Section 4. QUASHING A SUBPOENA.
DISCOVERY - is the procedure by which
A. Subpoena DUCES TECUM may be
one party in an action is enabled to
quashed upon proof that:
obtain before trial knowledge of
1. It is unreasonable and
relevant facts and of material evidence
oppressive;
in the possession of the adverse party or
2. The articles sought to be
of a witness.
produced do not appear prima
facie to be relevant to the
Rationale of discovery: to enable the
issues;
parties to obtain the fullest possible
knowledge of the issues and evidence

long before the trial to prevent such 2. Depositions DE BENE ESSE -

trial from being carried on in the dark. those taken for purposes of a
pending action (Rule 23) ; and
Modes of discovery under the Rules of 3. Depositions IN PERPETUAM REI
Court MEMORIAM - those taken to
1. Depositions pending action (Rule perpetuate evidence for
23). purposes of anticipated action,
2. Depositions before action or or in the event of further
pending appeal (Rule 24). proceedings in a case on appeal,
3. Interrogatories to parties (Rule and to preserve it against
25). danger of loss (Rule 24).
4. Admission by adverse party (Rule
26). WHEN TAKEN
5. Production or inspection of WITH LEAVE OF COURT
documents, or things (Rule 27). 1. after jurisdiction has been
6. Physical and mental examination obtained over any defendant or
of persons (Rule 28). over the property which is the
subject of the action and
Discovery before answer. BEFORE answer.
It is only in the exceptional or unusual 2. Deposition of a person confined
case that the need for discovery arises, in prison.
or that it should be allowed before
service of answer.
WITHOUT LEAVE OF COURT
Modes of Discovery are intended to be AFTER answer AND deponent is not
CUMULATIVE, and not alternative nor confined in prison.
mutually exclusive.
Section 4. Use of depositions.
Discovery is NOT MANDATORY but failure Where the witness is available to testify
to avail carries sanctions in Rules 25 and the situation is not one of those
and 26. excepted under Sec. 4, his deposition is
inadmissible in evidence and he should
be made to testify.
RULE 23
DEPOSITIONS PENDING ACTION It can be used as evidence by a party for
any purpose under the specific
DEPOSITION is a written testimony of conditions in Sec. 4.
a witness given in the course of a
judicial proceeding in advance of the
trial or hearing upon oral examination DEPONENT USE
or in response to written interrogatories
Any person By any party for
and where an opportunity is given for
contradicting or
cross-examination. impeaching the
testimony of deponent
Depositions are intended as a means to as witness
compel disclosure of facts resting in the
knowledge of a party or other person, A party or any one By an adverse party for
which are relevant in a who at the time of any purpose
suit/proceeding. the deposition was
an OFFICER,
CLASSIFICATIONS OF DEPOSITIONS DIRECTOR, or
MANAGING AGENT of
1. Depositions on ORAL a public or private
EXAMINATION and Depositions corp., partnership,
upon WRITTEN or association which
INTERROGATORIES is a party

3. any person authorized to

Witness, whether or By any party for any administer oaths, as stipulated
not a party purpose if the court by the parties in writing
finds the 5 instances
occurring
Section 12. Commission or letters
rogatory.
SCOPE OF INQUIRY IN DEPOSITIONS:
1. Matter which is relevant to the COMMISSION LETTERS ROGATORY
subject of the pending action; Issued to a non- Issued to the
judicial foreign appropriate judicial
2. Not privileged
officer who will officer of the foreign
3. Not restricted by a protective directly take the country who will direct
order testimony somebody in said
foreign country to take
Certiorari will not lie against an order down testimony
admitting or rejecting a deposition in Applicable rules of Applicable rules of
evidence, the remedy being an appeal procedure are those procedure are those of
from the final judgment. of the requesting the foreign court
court requested to act
Section 7. Effect of taking depositions. Resorted to if Resorted to if the
permission of the execution of the
foreign country is commission is refused
A party shall not be deemed to make a given in the foreign country
person his own witness for any purpose Leave of court is not Leave of court is
by taking his deposition because necessary necessary
depositions are taken for discovery and Section 18. Motion to terminate or
not for use as evidence. limit examination.
Exception: If a party offers the MAY BE FILED:
deposition in evidence, then he is 1. any time during the taking of
deemed to have made the deponent his the deposition
witness (Sec.8) 2. on motion or petition of any
party or of the deponent; or
Exception to the Exception: Unless the 3. upon showing that the
deposition is that of any adverse party, examination is conducted in :
and unless, of course, the deposition is a. bad faith
used for impeaching or contradicting the b. in such manner as
deponent (Sec.8). unreasonably to annoy,
embarrass, or oppress
Section 10 and 11. Persons before the deponent or party
whom depositions may be taken.
WITHIN THE PHILIPPINES: RULE 24

1. judge DEPOSITIONS BEFORE ACTION OR
2. notary public PENDING APPEAL
3. any person authorized to
administer oaths, as stipulated Depositions under this Rule are also
by the parties in writing taken conditionally, to be used at the
trial only in case the deponent is not
OUTSIDE THE PHILIPPINES: available.
1. on notice, before a secretary of
embassy or legation, consul Depositions under this Rule do not prove
general, consul, vice-consul, or the existence of any right and the
consular agent of the Phil. testimony perpetuated is not in itself
2. before such person or officer as conclusive proof, either of the existence
may be appointed by commission of any right nor even of the facts to
or letters rogatory which they relate, as it can be

controverted at the trial in the same

manner as though no perpetuation of A judgment by default may be rendered
testimony was ever had. However, in against a party who fails to answer
the absence of any objection to its written interrogatories
taking, and even if the deponent did not
testify at the hearing, the perpetuated Only one set of interrogatories by the
testimony constitutes prima facie proof same party is allowed. Leave of court is
of facts referred to in the deposition. necessary for succeeding sets of
interrogatories.
Section 6. Use of deposition.
Section 6. Effect of failure to serve
If deposition is taken under this Rule, it written interrogatories.
may be used in any action involving the
SAME SUBJECT MATTER subsequently Rule 25 and Rule 26 are directed to the
brought. party who fails and refuses to RESORT to
the discovery procedures, and should
Section 7. Depositions pending appeal. not be confused with the provisions of
Sec. 7 is the procedure in perpetuating Rule 29 which provides for sanctions or
testimony AFTER JUDGMENT IN THE RTC other consequences upon a party who
and DURING THE PENDENCY OF AN refuses or fails to COMPLY with
APPEAL. discovery procedures duly availed of by
opponent.
RULE 25
INTERROGATORIES TO PARTIES The justification for this provision is
that the party in need of relevant facts
PURPOSE of Written Interrogatories: to having foregone the opportunity to
elicit facts from any adverse party inquire into the same from the other
(answers may also be used as admissions party through means available to him,
of the adverse party) he should not thereafter be permitted
to unduly burden the latter with
Written interrogatories and the answers courtroom appearances or other
thereto must both be FILED and SERVED. cumbersome processes.
Interrogatories Bill of Particulars Unless a party had been served written

A party may properly A party may properly interrogatories, he may not be
seek disclosure of seek disclosure only of compelled by the adverse party:
matters of proof matters which define 1. to give testimony in open court,
which may later be the issues and become or
made a part of the a part of the 2. give a deposition pending
records as evidence. pleadings. appeal.
A party may serve written The only exception is when the court
interrogatories: allows it for GOOD CAUSE shown and to
1. WITHOUT LEAVE OF COURT prevent a failure of justice.
after answer has been served,
for the first set of Depositions Upon Interrogatories to
interrogatories. Written Parties under Rule
2. WITH LEAVE OF COURT before Interrogatories to 25
answer has been served Parties under Rule
(REASON: at that time, the 23 Sec. 25
issues are not yet joined and the As to Deponent As to Deponent
disputed facts are not yet clear, Party or ordinary party only
when more than one set of witness
interrogatories is to be served.)

As to Procedure As to Procedure must be filed and served upon the party

With intervention of no intervention. requesting the admission.
the officer authorized Written
by the Court to take interrogatories are Section 3. Effect of admission.
deposition directed to the party
USE: An admission under this section is
himself
for the purpose of the pending action
only and cannot be used in other
As to Scope As to Scope
proceedings.
Direct, cross, only one set of
redirect, re-cross interrogatories
The party who fails or refuses to request
Interrogatories Interrogatories the admission of facts in question is
no fixed time 15 days to answer prevented from thereafter presenting
unless extended or evidence thereon UNLESS otherwise
reduced by the court allowed by the court (Sec.5).
RULE 27
RULE 26
PRODUCTION OR INSPECTION OF
ADMISSION BY ADVERSE PARTY
DOCUMENTS OR THINGS
Section 1. Request for admission.
Production of documents affords more
opportunity for discovery than a
PURPOSE OF written request for
subpoena duces tecum because in the
admission is to expedite trial and relieve
latter, the documents are brought to
the parties of the costs of proving facts
the court for the first time on the date
which will not be disputed on trial and
of the scheduled trial wherein such
the truth of which can be ascertained by
documents are required to be
reasonable inquiry.
produced.
The TEST to be applied in determining
When request may be made: at any time
the relevancy of the document and the
after the issues have been joined.
sufficiency of their description is one of
reasonableness and practicality.
What request may include
1. Admission of the genuineness of
any material and relevant PRODUCTION OR SUBPOENA DUCES
document described in and INSPECTION OF TECUM
exhibited with the request. DOCUMENTS OR
2. Admission of the truth of any THINGS
material and relevant matter of Essentially a mode of means of compelling
discovery production of
fact set forth in the request. evidence
3. Under this rule, a matter of fact The Rules is limited to may be directed to a
not related to any documents the parties to the person whether a
may be presented to the other action party or not
party for admission or denial. The order under this may be issued upon an
Rule is issued only ex parte application.
Section 2. Implied Admission. upon motion with
The effect of a FAILURE to make a reply notice to the adverse
to a request for admission is that each party
of the matters of which an admission is
requested is deemed admitted.
RULE 28
A sworn statement either denying
PHYSICAL AND MENTAL EXAMINATION
specifically each matter or setting forth
OF PERSONS
in detail the reasons why he cannot
truthfully admit or deny those matters

The mental condition of a party is in 6. Order the arrest of the refusing

controversy in proceedings for party except in cases of physical
GUARDIANSHIP over an imbecile or or mental examination.
insane person, while the physical
condition of the party is generally RULE 30
involved in PHYSICAL INJURIES cases. TRIAL
Since the results of the examination are TRIAL judicial process of investigating
intended to be made public, the same and determining the legal controversies
are not covered by the physician-patient starting with the production of evidence
privilege. by the plaintiff and ending with his
closing arguments.
Section 4. Waiver of privilege.
GENERAL RULE: when an issue exists,
Where the party examined requests and trial is necessary. Decision should not be
obtains a report on the results of the made without trial.
examination the consequences are: EXCEPTIONS: when there may be
1. he has to furnish the other party judgment without trial:
a copy of the report of any 1. Judgment on the Pleading
previous or subsequent (Rule 34)
examination of the same 2. Summary Judgment (Rule
physical and mental condition, 35)
AND 3. Judgment on Compromise
2. he waives any privilege he may 4. Judgment by Confession
have in that action or any other 5. Dismissal with Prejudice
involving the same controversy (Rule 17)
regarding the testimony of any
other person who has so Section 3. Requisites of motion to
examined him or may thereafter postpone trial for absence of evidence.
examine him.
There must be an affidavit showing:
RULE 29 1. materiality or relevance of such
REFUSAL TO COMPLY WITH MODES OF evidence; and
DISCOVERY 2. due diligence in procuring it.
SANCTIONS If the adverse party admits the facts for

1. Contempt; which evidence is to be presented, the
2. Payment of reasonable fees; trial will not be postponed.
3. The matters regarding which the
questions were asked, character Section 4. Requisites of motion to
or description of land et al., be postpone trial for illness of party or
taken to be in accordance with counsel.
the claim of party obtaining the There must be an affidavit or sworn
order; certification showing:
4. Prohibition on the refusing party 1. presence of party or counsel at
to produce evidence or support the trial is indispensable; and
or oppose designated claims or 2. character of his illness is such as
defenses; to render his non-attendance
5. Striking out pleadings, order the excusable.
dismissal of the action or stay
the action until compliance or to Section 5. Order of trial unless
render judgment by default. directed by the court.

Stipulations of facts are not permitted

Plaintiff presents in actions for ANNULMENT OF MARRIAGE
evidence and for LEGAL SEPARATION.
Section 8. Suspension of actions.

Defendant presents Defendant files Art. 2030 of the Civil Code. Every civil
evidence to demurrer to action or proceeding shall be suspended
support his evidence 1. If willingness to discuss a
defense/countercl possible compromise is
aim/crossclaim/ expressed by one or both
third party parties; or
complaint 2. If it appears that one of the
parties, before the
commencement of the action or
proceeding, offered to discuss a
Third If court If court possible compromise but the
party grants denies other party refused the offer.
defendant motion: motion:
presents Renders Continues
eidence, dismisal with Section 9. Judge to receive evidence;
if any hearing delegation to clerk of court.
GENERAL RULE: the judge must himself
personally receive and resolve the
evidence of the parties.
Rebuttal However, the reception of such
Evidence by After evidence may be delegated under the
Parties Presentation of following conditions:
evidence: 1. The delegation may be made
1. oral only in defaults or ex parte
arguments hearings, or an agreement in
DECISION 2. submission of
writing by the parties.
memoranda
2. The reception of evidence shall
be made only by the clerk of
that court who is a member of
the bar.
3. Said clerk shall have no power to
rule on objections to any
Unless the court for special reasons question or to admission of
otherwise directs, the trial shall be evidence or exhibits; and
limited to the issues stated in the pre- 4. He shall submit his report and
trial order. transcripts of the proceedings,
together with the objections to
Section 6. Agreed statements of facts. be resolved by the court, within
This is known as STIPULATION OF FACTS 10 days from the termination of
and is among the purposes of a pre-trial. the hearing.
The parties may also stipulate verbally RULE 31

in open court. Such stipulations are CONSOLIDATION OR SEVERANCE
binding unless relief therefrom is
permitted by the court on good cause GENERAL RULE: Consolidation is
shown, such as error or fraud. discretionary upon the court
EXCEPTIONS: Consolidation becomes a
But counsel cannot stipulate on what matter of duty when:
their respective EVIDENCE consists of 1. if the cases are pending before
and ask that judgment be rendered on the same judge OR
the basis of such stipulation.

2. if filed with different branches 3. Question of fact, other than

of a court and one of such cases upon the pleading arises; or
has NOT been partially tried. 4. Carrying a judgment or order
into effect.
REQUISITES FOR CONSOLIDATION:
1. When actions involving a Disobedience to a subpoena issued by
common question of law or fact, the commissioner is deemed a contempt
and of the court which appointed the latter.
2. The actions are pending before
the same court RULE 33
if filed with DIFFERENT DEMURRER TO EVIDENCE
courts, authorization from
the SC is necessary. Section 1. Demurrer to evidence.
3 WAYS OF CONSOLIDATING CASES: DEMURRER TO MOTION TO DISMISS

1. by RECASTING THE CASES
EVIDENCE
ALREADY INSTITUTED,
It is presented after presented before a
conducting only one hearing and
the plaintiff has responsive pleading
rendering only one decision; rested his case (answer) is made by
2. by CONSOLIDATING THE EXISTING the defendant
CASES and holding only one The ground is based it may be based on
hearing and rendering only one on insufficiency of any of those
decision; and evidence enumerated in Rule 16
3. by HEARING ONLY THE PRINCIPAL
CASE and suspending the hearing 2 Scenarios
on the others until judgment has MOTION DENIED MOTION GRANTED
been rendered in the principal
case. (TEST-CASE METHOD) BUT REVERSED ON
APPEAL
Consolidation of cases on appeal and Movant shall have the Movant is deemed to
assigned to different divisions of the SC right to present his have waived his right
evidence to present evidence.
and the CA is also authorized.
The decision of the
Generally, the case which was appealed appellate court will
later and bearing the higher docket no. be based only on the
is consolidated with the case having the evidence of the
lower docket no. plaintiff as the
defendant loses his
right to have the
RULE 32 case remanded for
TRIAL BY COMMISSIONER reception of his
evidence.
denial is order of the court is
COMMISSIONER- a person to whom a
INTERLOCUTORY. Sec. 1 an ADJUDICATION ON
cause pending in court is referred, for , Rule 36 (that THE MERITS, hence,
him to take testimony, hear the parties judgment should state the requirement in
and report thereon to the court, and clearly and distinctly Sec. 1, Rule 36
upon whose report, if confirmed, the facts and the law should be complied
judgment is rendered. on which it is based), with.
Reference to a commissioner may be had will not apply.
by the written consent of both parties. The denial is NOT
appealable.
Situations when reference to a CIVIL CASES CRIMINAL CASES
Commissioner may be made on motion Defendant need not ask leave of court is
(Sec.2): for leave of court; necessary so that the
1. Examination of a long account accused could
2. Taking of an account is present his evidence
if the demurrer is
necessary

denied is proper, it may render such judgment

if the court finds if the court finds the motu proprio.
plaintiffs evidence prosecutions
insufficient, it will evidence GROUNDS:
grant the demurrer by insufficient, it will 1. Answer fails to tender an issue
dismissing the grant the demurrer
because of:
complaint. The by rendering
judgment of dismissal judgment acquitting a. general denial of the
is appealable by the the accused. material allegations of
plaintiff. If plaintiff Judgment of the complaint;
appeals and judgment acquittal is not b. insufficient denial of the
is reversed by the appeallable; double material allegations of
appellate court, it will jeopardy sets-in the complaint ; or
decide the case on the 2. Answer admits material
basis of the plaintiffs allegations of the adverse
evidence with the
partys pleading
consequence that the
defendant already loses
his right to present By moving for judgment on the
evidence no res pleading, plaintiff waives his claim
judicata in dismissal for unliquidated damages. Claim for
due to demurrer such damages must be alleged and
if court denies if court denies the proved.
demurrer, defendant demurrer:
will present his If demurrer was with NO JUDGMENT ON THE PLEADINGS IN
evidence leave, accused may
ACTIONS FOR
present his evidence
If the demurrer was 1. Declaration of nullity of
without leave, marriage
accused can no 2. Annulment of marriage
longer present his 3. Legal Separation
evidence and submits
the case for decision
based on the
prosecutions Motion to Dismiss Motion for
evidence judgment on the
pleadings
JUDGMENT ON DEMURRER TO EVIDENCE Filed by a Filed by the

is a judgment rendered by the court defendant to a plaintiff if the
dismissing a case upon motion of the complaint, answer raises no
defendant, made after plaintiff has counterclaim, cross- issue.
rested his case, on the GROUND that claim or 3rd-party
complaint
upon the facts presented by the plaintiff
and the law on the matter, plaintiff has
not shown any right to relief. If the complaint states no cause of
action, a motion to dismiss should be
RULE 34 filed and not a motion for judgment on
JUDGMENT ON THE PLEADINGS the pleading.
A judgment on the pleadings must be on

motion of the claimant. (NO RULE 35
SUPPORTING PAPERS ARE REQUIRED SUMMARY JUDGMENTS
BECAUSE EVERTHING IS BASED ON THE
PLEADINGS.) SUMMARY JUDGMENT
One granted by the court for the prompt
HOWEVER, if at the pre-trial the court disposition of civil actions wherein it
finds that a judgment on the pleadings clearly appears that there exists NO

genuine issue or controversy as to any 10-day notice 3-day notice 3-day notice
material fact. required required rule applies.
May be On the merits On the merits
interlocutory
Who can File or on the
1. Plaintiff: he must wait for the merits
answer to be filed and served, and
thus for the issue to be joined,
before he can move for summary RULE 36
judgment. JUDGMENTS, FINAL ORDERS AND ENTRY
2. Defendant: he can move for THEREOF
summary judgment at anytime, that
is, anytime after filing and service
of the complaint even before he JUDGMENT- final consideration and
answers determination by a court of the rights of
the parties, upon matters submitted to
The motion for summary judgment must it in an action or proceeding.
be supported by (1) affidavit, (2)
depositions of the adverse party or a The date of finality of the judgment or
third party, or (3) admissions of the final order shall be deemed to be the
adverse party, all intended to show date of its entry.
that:
a. there is no genuine issue as to REQUISITES OF A JUDGMENT:
any material fact, except 1. It should be in writing, personally
damages which must always be and directly prepared by the judge
proved, and 2. Must state clearly and distinctly the
b. the movant is entitled to a facts and the law on which it is
judgment as a matter of law. based
3. It should contain a dispositive part
The summary judgment may be a and should be signed by the judge
judgment on the merits, in which case, and filed with the clerk of court.
an appeal may be taken therefrom.
PROMULGATION- the process by which a
SUMMARY JUDGMENT JUDGMENT decision is published, officially
JUDGMENT ON THE BY DEFAULT announced, made known to the public or
delivered to the clerk of court for filing,
PLEADINGS (Rule 9) coupled with notice to the parties or
Based on the based solely on based on the
their counsel.
pleadings, the pleadings. complaint and
depositions, evidence, if
admissions presentation MEMORANDUM DECISION- a decision of
and affidavits is required. the appellate court which adopts the
Available to generally Available to findings and the conclusion of the trial
both plaintiff available only plaintiff. court.
and defendant to the JUDICIAL COMPROMISE
plaintiff, A judgment based on a
unless the compromise which has the force
defendant
of law and is conclusive between
presents a
counterclaim. parties.
There is The answer no issues as no Not appealable.
no genuine fails to tender answer is filed
issue between an issue or by the A JUDGMENT is considered RENDERED
the parties, there is an defending Upon filing of the signed decision. This
i.e. there may admission of party. includes an amended decision because
be issues but material an amended decision is a distinct and
these are allegations. separate judgment and must follow the
irrelevant
established procedural rule.

PROMULGATION OF JUDGMENT
The power to amend a judgment is
inherent to the court before judgment
becomes final and executory.
After judgment has become executory,

the court cannot amend the same
EXCEPT:
1. To make corrections of
clerical errors, not
substantial amendments, as
by an amendment nunc pro
tunc.
2. To clarify an ambiguity
which is borne out by and Section 4. Several judgments.
justifiable in the context of Several judgment is proper where the
the decision. liability of each party is clearly
3. In judgments for support, separable and distinct from his co-
which can always be parties such that the claims against each
amended from time to of them could have been the subject of
time. separate suits, and the judgment for or
against one of them will not necessarily
affect the other.
MANNER OF ATTACKING JUDGMENTS:
A several judgment is NOT proper in
1. Direct attack actions against solidary debtors.
a. before finality
1. motion for new trial or Section 6. Separate Judgments
reconsideration; Proper when more than one claim for
2. appeal relief is presented in an action and a
b. after finality determination as to the issues material
1. relief from judgment, rule to the claim has been made. The action
38 shall proceed as to the remaining
2. annulment of judgment, claims.
Rule 47.
2.Collateral attack
Court Renders Decision
Judgment NUNC PRO TUNC (literally
means now for then)
Filing appeal within
rendered to enter or record such
Losing Party 15/30 days from judgment as has been formerly
notice of judgment rendered but has not been
entered as thus rendered
its only function is to record
some act of the court which was
Accepts Within 15/30 days
decision from notice of
done at a former time, but
without judgment: which was not then recorded, in
further contest Motion for order to make the record speak
reconsideration; or the truth, without any changes
motion for new trial
in substance or any material
respect.
Court
maintains Judgment upon Agreement or
decision
Court grants motion: Compromise
1.modifies decision; or
2.grants new trial
If no appeal
is taken or
did not
REMEDIAL LAWavailCOMMITTEE
of remedies,
CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and Special
judgment
Ventura,
becomesJeenice
Proceedings); final de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
Losing party may
and appeal within the
executory remaining period
A compromise agreement between the original judgment

parties to a case on which the decision
of the court was based has upon the Court makes a Serves to bolster or
parties the effect and authority of res thorough study of the add to the original
judicata. It is immediately executory. original judgment and judgment
renders the amended
and clarified
Judgment by Confession judgment only after
Judgment upon confession is one which considering all the
is rendered against a party upon his factual and legal
petition or consent. It usually happens issues
when the defendant appears in court
and confesses the right of the plaintiff
RULE 37
to judgment or files a pleading expressly
NEW TRIAL OR RECONSIDERATION
agreeing to the plaintiffs demand.
Two kinds of judgment by confession

Order denying
1. A judgment by COGNOVIT
motion for new trial
ACTIONEM here, the defendant
after service instead of entering
a plea, acknowledged and
confessed that the plaintiffs Second motion for new trial
based on grounds not existing or
cause of action was just and
available when 1st motion was
rightful. filed
2. A judgment by CONFESSION
RELICTA VERIFICATIONE after
pleading and before trial, the Appeal from the judgment or
defendant both confessed the final order and assign as one of
plaintiffs cause of action and the errors the denial of the
withdrew or abandoned his plea motion for new trial
or other allegations, whereupon
judgment was entere against
him without proceeding to
trial.
An order denying a motion for new trial
Judgment upon Judgment by is not appealable.
Compromise Confession
NEW TRIAL - the rehearing of a case
The provisions and An affirmative and
terms are settled and voluntary act of the
already decided by the court but before
agreed upon by the defendant himself. the judgment rendered thereon becomes
parties to the action, The court exercises a final and executory, whereby errors of
and which is entered certain amount of law or irregularities are expunged from
in the record by the supervision over the the record, or new evidence is
consent of the court. entry of judgment. introduced, or both steps are taken.
Purpose: to set aside the judgment or
Clarificatory Judgment final order and grant a new trial.
rendered by the court, upon motion,
when a judgment previously rendered is WHEN to file: within period for taking
ambiguous and difficult to comply with. appeal.
AMENDED OR SUPPLEMENTAL WHERE to file: with the trial court

CLARIFIED DECISION which rendered the questioned
JUDGMENT judgment.
It is an entirely new Does not take the MOTION FOR A NEW MOTION FOR
decision and place of or extinguish TRIAL RECONSIDERATION
supersedes the the original judgment The grounds are: fraud, The grounds are: the

accident, mistake or damages awarded are recorded evidence taken upon the
excusable negligence or excessive, that the former trial so far as the same is
newly discovered evidence is insufficient material and competent to establish the
evidence which could to justify the decision issues, shall be used at the new trial
not, with reasonable or final order, or that
taking the same.
diligence, have the decision or final
discovered and produced order is contrary to
at the trial, and which law. The order denying a motion for new trial
if presented would is NOT appealable.
probably alter the
result MOTION FOR NEW MOTION FOR
Second motion may be Second motion from TRIAL REOPENING OF THE
allowed same party is TRIAL
prohibited Specifically Not mentioned in the
If a new trial is granted if the court finds that mentioned in the Rules but is
the trial court will set excessive damages Rules nevertheless a
aside the judgment or have been awarded or recognized procedural
final order that the judgment or recourse or device
final order is contrary deriving validity and
to the evidence or acceptance from long
law, it may amend established usage
such judgment or final NOTE: It is actually
order accordingly mentioned in the Rules
of Criminal Procedure
Proper only after May properly be
REQUISITES for NEWLY-DISCOVERED promulgation of presented only after
EVIDENCE judgment either or both the
1. Must have been discovered after parties have formally
trial offered and closed
their evidence before
2. Could not have been discovered
judgment
and produced at the trial
Based upon specific Controlled by no other
3. If presented, would alter the grounds set forth rule than the
result of the action under Rule 37 in civil paramount interests of
4. Otherwise it is called cases and Rule 121 in justice, resting
FORGOTTEN EVIDENCE. criminal cases entirely on the sound
discretion of a trial
A motion suspends or tolls the running court, the exercise of
of the reglementary period for appeal which discretion will
except when the same is pro-forma. not be reviewed on
appeal UNLESS a clear
abuse thereof is shown
PRO-FORMA MOTION - when it does not
comply with Rule 15 and Rule 37, e.g. it
does not point out specifically the
findings or conclusions of the judgment MOTION FOR RECONSIDERATION
as are contrary to law, making express Purpose: To reconsider or amend
reference to the testimonial or judgment or final order
documentary evidence or to the WHEN to file: within period for taking
provisions of law alleged to be contrary an appeal
to such findings or conclusions, and is
merely intended to delay the WHERE to file: with the trial court
proceedings OR if there is no affidavit of which rendered the judgment or final
merit. order sought to be reconsidered
Section 6. Effect of granting of motion RULE 38

for new trial RELIEF FROM JUDGMENTS, ORDERS, OR
When motion is granted, the original OTHER PROCEEDINGS
judgment is thereby vacated and the
action stands for trial de novo, but the

REMEDIES AGAINST FINAL AND appealable, hence relief is NOT

EXECUTORY JUDGMENTS OR ORDERS remedy is appeal appealable; the
from the judgment remedy is appropriate
1. Petition for Relief from civil action under Rule
65
Judgment (Rule 38)
Legal remedy Equitable remedy
2. Annulment of judgments or final
Motion need not be Petition must be
orders or resolutions (Rule 47) verified verified
on the ground of:
o Extrinsic fraud, to be filed
within 4 years from the TWO HEARINGS UNDER RULE 38
discovery of the fraud; 1. Hearing to determine whether
o Lack of jurisdiction, before the judgment should be set
it is barred by laches or aside
estoppel 2. If yes, a hearing on the merits of
3. Direct or collateral attack the case.
against a void or voidable
judgment The period fixed by Rule 38 is non-
o DIRECT ATTACK when the extendible and is never interrupted.
validity of the judgment
itself is the main issue of RULE 39
the action, a petition for EXECUTION, SATISFACTION AND
certiorari and action to EFFECT OF JUDGMENTS
annul judgment on the
ground of extrinsic fraud or
lack of jurisdiction EXECUTION remedy provided by law
o COLLATERAL ATTACK if the for the enforcement of a final
judgment can be resisted in judgment.
any other action in which it
is involved. AGAINST WHOM ISSUED: execution can
only issue against a party and not
RULE 37 RULE 38 against one who has not had his day in
Available BEFORE Available AFTER court.
judgment becomes judgment has become
final and executory final and executory WRIT OF EXECUTION: judicial writ
Applies to Applies to judgments, issued to an officer authorizing him to
JUDGMENTS or FINAL final orders and other execute the judgment of the court.
ORDERS only proceeding:
1.Land Registration ESSENTIAL REQUISITE OF A WRIT OF

2.Special Proceedings EXECUTION: a writ of execution to be
3. Order of Execution valid, must conform strictly to the
decision or judgment which gives it life.
GROUNDS: GROUNDS:
i. FAME FAME It cannot vary the terms of the
ii. Newly discovered judgment it seeks to enforce
evidence
WHEN AVAILED OF: WHEN AVAILED OF: FINAL JUDGMENT OR ORDER- one which
Within the time to within 60 days from
disposes of the whole subject matter or
appeal knowledge of the
judgment AND terminates the particular proceedings or
action, leaving nothing to be done by
within 6 months from the court but to enforce by execution
entry of judgment what has been determined.
If denied, the order If denied, the order
of denial is NOT denying a petition for
EXECUTION OF JUDGMENT

1. The payment of money; and

Judgment is If the winning 2. The sale of real or personal
executed by party does not property
motion within move for Section 1. Execution Upon Judgments
5 years from execution and Final Orders.
date of its w/in 5 years
entry but before 10
years from the EXECUTION ISSUES AS A MATTER OF
date of entry RIGHT:
of judgment, 1. on motion
the same can 2. upon a judgment or order that
Execution is a
matter of only be disposes of the action or
right after revived by proceeding AND
expiration of means of a 3. upon expiration of the period to
period to new action / appeal therefrom and NO appeal
petition
appeal and no has been duly perfected.
appeal is
perfected GENERAL RULE: court cannot refuse
execution
Discretionary UNLESS:
execution 1. Execution is UNJUST OR
upon good IMPOSSIBLE
reasons stated
2. Equitable grounds like a CHANGE
in a special
order after IN SITUATION of the parties
due hearing which makes execution
inequitable
3. Judgment NOVATED by parties
4. Execution is enjoined
5. Judgment has become
Sheriff enforces writ of execution
DORMANT
QUASHAL OF WRIT PROPER WHEN:

1. Improvidently issued
Losing party is made to indemnify thru:
2. Defective in substance
1. payment with interest;
2. levy and sale of personal property;
3. Issued against the wrong party
3. levy and sale of real property; 4. Judgment already satisfied
4. delivery of personal and real 5. Issued without authority
property
Section 2. Discretionary Execution
DISCRETIONARY EXECUTION AS A
EXECUTION MATTER OF RIGHT
May issue before Period to appeal has

the lapse of period already lapsed and
to appeal no appeal is
TEST TO DETERMINE WHETHER A perfected
JUDGMENT OR ORDER IS FINAL OR
INTERLOCUTORY: The test is whether Discretionary upon Ministerial duty of
the judgment or order leaves nothing the court; there is the court PROVIDED
inquiry on whether there are no
more for the court to do with respect to
there is GOOD supervening events
the merits of the case. REASON for
execution
SPECIAL JUDGMENT one that requires
the performance of an act OTHER THAN:

2. RECEIVERSHIP
3. ACCOUNTING
4. SUPPORT
GROUNDS FOR EXECUTION PENDING 5. Such other judgments
APPEAL: declared to be immediately
1. Insolvency of the judgment executory unless otherwise
debtor. ordered by the trial court.
2. Wastage of asset by judgment
debtor. Section 6. Execution By Motion Or
Independent Action.
Section 3. Stay of Discretionary
Execution. The party against whom an MODE OF ENFORCEMENT
execution is directed may file a 1. By motion within 5 years from
supersedeas bond to stay discretionary date of its entry
execution. 2. By independent action after 5
years from entry AND before it
SUPERSEDEAS BOND- one filed by a is barred by statute of
petitioner and approved by the court limitations
before the judgment becomes final and
executory and conditioned upon the Judgment for support does not become
performance of the judgment appealed dormant, thus it can always be executed
from in case it be affirmed wholly or in by motion.
part.
5-year period may be extended by the
Supersedeas bond guarantees conduct of judgment debtor.
satisfaction of the judgment in case of
affirmance on appeal, not other things A revived judgment is a new judgment
like damage to property pending the thus another 5/10-year period to
appeal execute and revive is given the party.
The court may, in its discretion, order Section 7. Execution In Case Of Death
an execution before the expiration of Of Party.
the time within which to appeal If the obligor dies AFTER entry but
provided: BEFORE LEVY on his property, execution
1. There is a motion for execution will be issued for recovery of real or
filed by the winning party personal property or enforcement of a
2. There is notice of said motion to lien thereon. But for a sum of money,
the adverse party; and judgment cannot be enforced by writ
3. There are good reasons stated in but as a claim against his
a special order after due estate/probate proceedings.
hearing.
If he dies AFTER a VALID LEVY has been
GENERAL RULE: an order of execution is made, execution sale proceeds.
NOT appealable otherwise there would Section 8. Issuance, Form and Contents
be no end to the litigation between the of a Writ of Execution.
parties.
EXCEPTIONS: Remedies in an order granting or
1. When the terms of the judgment denying the issuance of a writ of
are not very clear; execution
2. When the order of execution Appeal is the remedy for an order
varies with the tenor of the denying the issuance of a writ of
judgment. execution.
Section 4. Judgments NOT Stayed By Section 10. Execution Of Judgments

Appeal For Specific Act.
1. INJUNCTION

If party REFUSES TO VACATE PROPERTY, Refers to corporeal refers to money,

remedy is NOT contempt. The Sheriff property in the stocks, credits and
must oust the party. But if demolition is possession of the other incorporeal
involved, there must be a special order. judgment debtor. property which belong
to judgment debtor
but is in the
If party REFUSES TO DELIVER, sheriff
possession or under
will take possession and deliver it to the control of a third
winning party. person
When the party REFUSES TO COMPLY, Section 16. Proceedings Where

court can appoint some other person at Property Claimed By Third Person.
the expense of the disobedient party
and the act done shall have the same REMEDIES of THIRD PARTY CLAIMANT
effect as if the required party
performed it, the disobedient party 1. Summary hearing before the
incurs no liability for contempt. court which authorized the
execution;
Section 11. Execution of Special 2. TERCERIA or third party claim
Judgments. filed with the sheriff;
When judgment requires the 3. Action for damages on the bond
performance of any act other than for posted by judgment creditors; or
money and delivery of property. 4. Independent reinvidicatory
action.
The writ of execution shall be served
upon the party required to obey the The remedies are cumulative and may
same and such party may be punished be resorted to by third party claimant
for contempt if he disobeys. independently of or separately from the
others.
LEVY - act by which an officer sets apart
or appropriates a part of the whole of If winning party files a bond, it is only
the property of the judgment debtor for then that the sheriff can take the
purposes or the execution sale. The levy property in his possession. IF NO BOND,
on execution shall create a lien in favor cannot proceed with the sale.
or the judgment creditor over the right,
title and interest of the judgment SALE ON EXECUTION
debtor in such property at the time of Notice of sale is required before levied
the levy. property can be sold at public auction
(Sec. 15).
The levy on execution creates a lien in
favor of the judgment creditor subject Remedy against an irregular sale is
to prior liens and encumbrances. MOTION TO VACATE OR SET ASIDE THE
SALE to be filed in the court which
GARNISHMENT - act of appropriation by issued the writ.
the court when property of debtor is in
the hands of third persons REDEMPTION (Secs. 27 & 28)
Right of Redemption:
The garnishee or the 3rd person who is in 1. Personal Property NONE; sale is
possession of the property of the absolute
judgment debtor is deemed a forced 2. Real Property there is a right
intervenor. of redemption
WHO may redeem (Sec. 27)

ATTACHMENT GARNISHMENT Only the following:
a. Judgment obligor, or his
successor in interest, in whole or
any part of the property; OR

b. Redemptioner who is a creditor

having a: RIGHTS OF THE JUDGMENT DEBTOR:
1) Lien by attachment on 1. Remain in possession of the
the property sold property
subsequent to the lien 2. Collect rents and profits
under which the 3. Cannot be Ejected
property was sold, 4. Use the property in the same
2) Lien by judgment on the manner it was previously used
property sold 5. Make necessary repairs
subsequent to the lien
under which the Section 33. Deed and possession to be
property was sold; given at expiration of redemption
3) Lien by mortgage on the period; by whom executed or given.
property sold
subsequent to the lien
under which the The PURCHASER is entitled to a
property was sold. CONVEYANCE AND POSSESSION of the
property if there is no redemption. He is
WHEN CAN REDEMPTION BE MADE? substituted to and acquires all the
rights, title, interest and claims of the
BY THE JUDGMENT OBLIGOR: Within one judgment obligor to the property at the
(1) year from the date of registration of time of levy.
the certificate of sale.
The deed of conveyance is what
BY THE REDEMPTIONER: operates to transfer to the purchaser
1. Within one year from the date whatever rights the judgment debtor
of registration of the certificate had in the property. The certificate of
of sale; or sale after execution sale merely is a
2. Within sixty days from the last memorial of the fact of sale and does
redemption by another not operate as a conveyance.
redemptioner
If the judgment obligor redeems, no The purchaser acquires no better right
further redemption is allowed (Sec. than what the judgment debtor has in
29). the property levied upon. Thus, if the
judgment debtor had already
The period of redemption is NOT transferred the property executed prior
suspended by an action to annul the to the levy and no longer has an interest
foreclosure sale. in the property, the execution purchaser
acquires no right.
CAN REDEMPTION BE PAID IN OTHER
FORMS THAN CASH? WHEN A THIRD PERSON IS IN POSSESSION,
YES. The rule is liberality in allowing The procedure is for the court to order a
redemption (aid rather than defeat the hearing and determine the nature of
right) and it has been allowed in the such adverse possession.
case of a cashiers check, certified bank
checks and even checks.
Section 34. Recovery of price if sale is
The offer to redeem must be not effective; revival of judgment.
accompanied with a bona fide tender or
delivery of the redemption price. THE PURCHASER MAY RECOVER THE
PURCHASE PRICE WHEN
However, a formal offer to redeem with 1. The purchaser or his successor-
a tender is not necessary where the in-interest FAILS TO RECOVER
right to redeem is exercised through the POSSESSION of the property or;
filing of a complaint to redeem in the 2. Purchaser after having acquired
courts, within the period to redeem. possession is evicted due to:

a. Irregularities in the his interest can be ascertained

proceedings concerning the without controversy, the court
sale. may order the sale of such
b. Reversal or setting aside of interest. (Section 42)
judgment.
c. The fact that the property 7. If the person alleged to have
was exempt from execution. the property of the judgment
d. A third person has debtor or be indebted to him,
vindicated his claim to the claims an adverse interest in
property. the property, or denies the
debt, the court may authorize
REMEDIES OF THE JUDGMENT CREDITOR the judgment-creditor to
IN AID OF EXECUTION institute an action to recover
the property, forbid its
1. If the execution is returned transfer and may punish
unsatisfied, he may cause disobedience for contempt
examination of the judgment (Section 43)
debtor as to his property and
income (Section 36) Section 46. When Principal Bound By
Judgment Against Surety.
2. He may cause examination of The principal is bound by the same
the debtor of the judgment judgment from the time he has notice of
debtor as to any debt owed by the action or proceeding and has been
him or to any property of the given an opportunity at the suretys
judgment debtor in his request, to join the defense.
possession (Section 37)
Section 47. Effect Of Judgment Or
3. If after examination, the court Final Orders.
finds that there is property of Refers to judgments which are
the judgment debtor either in considered as conclusive and may be
his own hands or that of any rebutted directly by means of relief
person, the court may order from judgment or annulment of
the property applied to the judgment or indirectly by offering them
satisfaction of the judgment in evidence under the parole evidence
(Section 37) rule.
4. If the court finds the earnings Par (A) refers to rule ON RES JUDICATA
of the judgment debtor are in judgments IN REM
more than sufficient for his
familys needs, it may order
payment in installments JUDGMENT or EFFECT: CONCLUSIVE
(Section 40) FINAL ORDER AS TO
5. The court may appoint a Against a specific Title to the thing

receiver for the property of the thing
judgment debtor not exempt
from execution or forbid a Probate of a will or Will or administration
transfer or disposition or administration of However, ONLY prima
interference with such property the estate of a facie evidence of the
deceased person death of the testator
(Section 41)
or intestate
6. If the court finds that the In respect to the Condition, status or
judgment debtor has an personal, political, relationship of the
ascertainable interest in real or legal condition or person
property either as mortgagor, status of a
mortgagee, or otherwise, and particular person

The first judgment The first judgment is

Par (B) is referred to as bar by former constitutes as an conclusive only as to
judgment or RES JUDICATA in ABSOLUTE BAR TO matters directly adjudged
ALL MATTERS and actually litigated in
judgments IN PERSONAM
directly adjudged the first action. Second
and those that action can be prosecuted.
RES JUDICATA - final judgments on the might have been
merits by a court of competent adjudged.
jurisdiction is conclusive as to the rights
of the parties or their privies in all later
suits on points determined in the former Section 48. Effect Of Foreign Judgment
judgment. Or Final Orders:
REQUISITES:
1. A FINAL judgment or order THE EFFECT OF FOREIGN JUDGMENTS
2. JURISDICTION over the subject Provided that the foreign tribunal had
matter and the parties by the jurisdiction:
court rendering it
3. Judgment UPON THE MERITS 1. IN CASE OF JUDGMENT AGAINST
4. Between the two cases: A SPECIFIC THING, the judgment
IDENTITY OF PARTIES is CONCLUSIVE upon the TITLE
IDENTITY OF SUBJECT MATTER TO THE THING;
IDENTITY OF CAUSE OF ACTION 2. IN CASE OF A JUDGMENT
AGAINST A PERSON, the
THERE IS IDENTITY OF CAUSE OF ACTION judgment is PRESUMPTIVE
when the two actions are based on the EVIDENCE of a right as between
same delict or wrong committed by the the parties and their successors-
defendant even if the remedies are in-interest by a subsequent
different. title.
Under the doctrine of res judicata, no In both instances, the judgment may be
matter how erroneous a judgment may repelled by evidence of want of
be, once it becomes final, it cannot be jurisdiction, notice, collusion, fraud or
corrected. The only grounds are lack of clear mistake of law or fact.
jurisdiction, collusion or fraud.
Par. (C) is known as conclusiveness of RULE 40

judgment or rule of AUTER ACTION
PENDENT Appeal decision of MTC by filing notice of
appeal and pay appellate court docket fee
in the same MTC within 15 days from
CONCLUSIVENESS OF JUDGMENT receipt of judgment
has the effect of preclusion only of
issues.
APPEAL FROM MUNICIPAL
parties in both actions may be the
same but the causes of action are 15 days from perfection of appeal, MTC
different. clerk transmits record to RTC
TRIAL
BAR BY FORMER CONCLUSIVENESS OF Notice to parties that an appeal is being
JUDGMENT JUDGMENT taken from the decision of MTC
There is identity There is ONLY identity of

of parties, subject PARTIES AND SUBJECT
matter and causes MATTER Within 15 days from notice of appeal:
of action appellant submits memorandum to
the RTC
appellee files his own memorandum
15 days from receipt of appellants
memorandum

If uncontested,
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman Any
(Special Civil Actions and party may
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence) judgment is appeal by filing a
entered in the petition for
book of entries review with the
RTC
COURTS TO THE REGIONAL TRIAL 3. A copy served on the adverse

COURTS party.
4. Payment in full of docket fees
APPEAL FROM MTC TO RTC and other lawful fees
ORDINARY APPEAL - an appeal by notice

ORDINARY APPEAL PETITION FOR
of appeal from a judgment or final
REVIEW
order of a lower court on questions of
Matter of right Discretionary
fact and law.
All the records are No records are
elevated from the elevated unless the
APPEAL TO THE RTC court of origin court decrees it
Mode of Appeal Notice of Appeal Notice of record on Filed with the CA
within fifteen (15) days from receipt appeal is filed with
of decision. the court of origin
After an appeal to the RTC has been
perfected, the MTC loses its By Record on appeal:
jurisdiction over the case and any 1. for special proceedings such as
motion for the execution of the probate; and
judgment should be filed with the 2. in such other cases where
RTC. multiple appeals are allowed as
The Summary Rules no longer apply in partition and in
when the cases is on appeal. expropriation.
Section 2. When to Appeal. Section 4. Perfection of Appeal; effect

1. Within 15 days after notice of thereof.
judgment or final order;
2. Where a record on appeal is Appeal is deemed perfected:
required, within 30 days from 1. by notice of appeal: as to him,
notice of judgment or final upon the filing of the notice of
order by filing a notice of appeal in due time;
appeal and a record on appeal; 2. by record on appeal: as to him,
3. Period to appeal shall be upon the approval of the record
interrupted by a timely motion on appeal filed in due time.
for new trial or reconsideration.
4. No motion for extension of time Effect of a perfected appeal:
to file a motion for new trial or The court loses jurisdiction upon the
reconsideration shall be perfection or approval of appeal and
allowed. when the period of appeal for other
parties expire.
Section 3. How to Appeal. Residual power of the court prior to the

By Notice of Appeal: transmittal of the original record or
1. File a notice of appeal with the record on appeal:
trial court. 1. to issue orders for the
2. The notice of appeal must preservation of the rights of
indicate: the parties which do not involve
a. parties matters litigated by appeal;
b. judgment or final order 2. to approve compromise prior to
appealed from the transmittal of the record;
c. material date showing 3. permit appeal by an indigent;
timeliness of appeal

4. order execution pending appeal 1. Order dismissing an action without

under Rule 39, Sec.2 ( motion prejudice
for execution was filed before 2. Order of Execution
the expiration of the period to 3. Judgments or final orders for or
against one or more of several
appeal; parties or in separate claims while
5. allow withdrawal of the appeal. the main case is pending
4. Orders disallowing or dismissing an
Appeal
5. Interlocutory orders
6. Orders denying:
a. Petition for relief;
Section 8. Appeal from orders b. Motion for new trial or
dismissing case without trial; lack of reconsideration; and
c. Motion to Set aside a
jurisdiction judgment, by consent,
confession or compromise
If lower court dismissed case without on the ground of fraud,
trial on the merits: mistake, duress or any
RTC may: ground vitiating consent.
1. Affirm, or
2. Reverse, in which case, it shall Remedy in cases where appeal is not
remand the case for further allowed
proceedings. Special civil action of certiorari or
prohibition if there is lack or excess of
If dismissal is due to lack of jurisdiction jurisdiction or grave abuse of discretion
over the subject matter: or mandamus if there is no performance
RTC may: of duty.
1. Affirm; if RTC has jurisdiction,
shall try the case on the merits INTERLOCUTORY ORDER An order
as if the case was originally filed which does not dispose of the case but
with it, or leave something else to be done by the
2. Reverse, in which case, it trial court on the merits of the case.
remand the case for further
proceedings. A judgment based on compromise is not
appealable and is immediately
If the case was tried on the merits by executory.
the lower court without jurisdiction
over the subject matter: Section 2. Modes of appeal.
RTC shall not dismiss the case if it has
original jurisdiction, but shall decide Ordinary Petition for Petition for
the case, and shall admit amended appeal review review on
pleadings or additional evidence. (appeal by writ [Rule 42] certiorari
of error) [Rule 45]
Case is decided Case is The case

RULE 41
by the RTC in decided by raises only a
APPEAL FROM REGIONAL its original the MTC. question of
TRIAL COURTS jurisdiction Appealed to law
Appealed to the the RTC.
CA Petition for
APPEALABLE CASES review with
1. Judgments or final orders that the CA
completely disposes of the case.
2. A particular matter in a
judgment declared by the Rules
to be appealable.
NON APPEALABLE CASES

5. submit the record for approval

File a notice of File a verified File a verified with notice on the adverse party
appeal or a petition for petition for
record on review with review on The period to appeal is MANDATORY and
appeal with the the CA. Pay certiorari
JURISDICTIONAL. Failure to appeal on
court of origin the docket with the SC
(RTC) and give and lawful (R 45) Pay
time makes the decision final and
a copy to the fees, and P docket and executory and deprives the appellate
adverse party. 500 as deposit lawful fees court of jurisdiction.
for costs with and P 500 for
the CA. costs. However in few instances the court has
Furnish RTC Submit proof allowed due course to such appeals on
and adverse of service of strong and compelling reasons of
party copy of a copy to the justice.
such (R 42). lower court
and adverse
party.
Within 15 days Within 15 days Within 15

from the notice from notice of days from
of the the decision notice of the RULE 42
judgment for to be judgment or PETITION FOR REVIEW FROM THE
notice of reviewed or order or REGIONAL TRIAL COURTS TO THE
appeal and from the denial of the COURT OF APPEALS
within 30 days denial of a MR MR or new
for records on or new trial. trial.
appeal. The Petition for review is not a matter of
period for filing right but discretionary on the CA. It may
is interrupted only give due course to the petition if it
by a timely shows on its face that the lower court
motion for has committed an error of fact and/or
reconsidera- law that will warrant a reversal or
tion or new modification of the decision or
trial. judgment sought to be reviewed; OR
dismiss the petition if it finds that it is
Section 7. Approval of record on patently without merit, or prosecuted
appeal. manifestly for delay, or the questions
raised therein are too unsubstantial to
Procedure if the appeal is through a require consideration.
record on appeal
It is merely discretionary on the CA to
1. file record on appeal order the elevation of the records. This
2. appellee may file an objection is because until the petition is given due
within 5 days from his receipt course, the trial court may still issue a
thereof warrant of execution pending appeal
3. if there is no objection the court and in some cases such as ejectment and
may: those of Summary Procedure, the
approve it as presented; OR judgments are immediately executory. It
direct its amendment on its is only when the CA deems it necessary
own or upon the motion of that the Clerk of the RTC will be
the adverse party ordered to elevate the records of the
4. if an amendment is ordered the case.
appellant must redraft the
record within the time ordered
or if there is no time, within 10 RULE 43
days from receipt APPEALS FROM THE COURT OF TAX
APPEALS AND THE QUASI-JUDICIAL
AGENCIES TO THE CA

Judgments and final orders or Ordinary appeals Certiorari, Prohibition,

resolutions of the NLRC are reviewable Mandamus, Quo
by the COURT OF APPEALS in an original Warranto and Habeas
Corpus cases
action for certiorari under Rule 65 (St.
Martin Funeral Home vs. NLRC, Sept. 16,
1998).
A party adversely affected by a decision Filed within 45 days within 30 days
or ruling of the CTA en banc may file
with the Supreme Court a verified
Contents specified Shorter, briefer, only
petition for review on certiorari
by Rules one issue involved - no
pursuant to Rule 45 (Sec. 12, RA 9282). subject index or
assignment of errors just
facts and law applicable
RULE 44
ORDINARY APPEALED CASES RULE 45
APPEAL BY CERTIORARI TO THE
SUPREME COURT
Section 9. Appellants reply brief.
Failure to file appellant's brief on time

is a ground for dismissal of the appeal. RTC, Sandiganbayan or CA
renders decision
If a motion to dismiss an appeal has
been filed, it suspends the running of
the period for filing the appellant brief,
as the same would be unnecessary Any party files a petition for review
should the motion be granted. on certiorari w/in 15 days from notice
of final judgment or order of lower
The failure of the appellant to make court or notice of denial of motion for
reconsideration or new trial
specific assignment of errors in his brief
or page references to the record as
required in this section is a ground for
dismissal of his appeal.
Appellant serves copies of petition on
adverse parties and to the lower court,
Section 15. Questions that may be
and pay the corresponding docket fees
raised on appeal.
The appeal can raise only questions of

law or fact that SC may dismiss the petition or require
1. were raised in the court below; the appellee to comment
and
2. are within the issues framed by
the parties thereon.
If given due course, parties may
submit memoranda
BRIEF vs. MEMORANDUM
BRIEF MEMORANDUM
SC may affirm, reverse, or modify
judgment of the lower court

the trial court, the SC has to

review the evidence in order to
arrive at the correct findings
based on the record;
8. When the findings of fact are
conclusions without citation of
Section 1. Filing of petition with specific evidence on which they
Supreme Court are based;
9. When the facts set forth in the
Appeals to the SC can be taken from a petition as well as in the
judgment or final order or resolution of petitioners main and reply
the CA, the Sandiganbayan, the RTC or briefs are not disputed by the
such other courts as maybe authorized respondents;
by law and only by verified petition for 10. The findings of fact of the CA is
review on certiorari on questions of law premised on the supposed
except only in appeals from judgments evidence and is contradicted by
of the RTC in criminal cases wherein the the evidence on record;
penalty imposed is life imprisonment or 11. When certain material facts and
reclusion perpetua which shall be circumstances have been
elevated by ordinary appeal, or wherein overlooked by the trial court
the death penalty is imposed which is which, if taken into account,
subject to automatic review. would alter the result of the
case in that they would entitle
the accused to acquittal.
GENERAL RULE: the findings of fact of

the CA are final and conclusive and
cannot be reviewed on appeal to the QUESTIONS OF LAW QUESTIONS OF
SC. FACT
doubt or controversy doubt or difference
EXCEPTIONS to CONCLUSIVENESS OF as to what the law is arises as to the truth
FACTS: on certain facts or falsehood of facts,
or as to probative
value of the evidence
1. When the finding is grounded presented
entirely on speculations, surmise
or conjecture; if the appellate court the determination
2. When inference made is can determine the involves evaluation or
manifestly absurd, mistaken or issue raised without review of evidence
reviewing or
impossible; evaluating the
3. When the judgment is premised evidence
on a misrepresentation of facts; Can involve questions query invites the
4. When there is grave abuse of of interpretation of calibration of the
discretion in the appreciation of the law with respect whole evidence
facts; to certain set of facts considering mainly the
5. When the findings of fact are credibility of
conflicting; witnesses, existence
6. When the CA in making its and relevancy of
specific surrounding
findings went beyond the issues
circumstances and
of the case and the same is relation to each other
contrary to both the admissions and the whole
of appellants and appellees; probabilities of the
7. When the findings of fact of the situation
CA are at variance with those of

be given to the
petitioner ( SC Admin.
Matter 002-03 )
Certiorari under Rule 45 vs. certiorari

under Rule 64/65 ( special civil action) The court is in the Court exercises
exercise of its original jurisdiction
CERTIORARI UNDER CERTIORARI UNDER appellate jurisdiction
and power of review
RULE 45 RULE 64/65
petition is based on petition raises the

questions of law issue as to whether RULE 46
the lower court acted ORIGINAL CASES
without jurisdiction or
in excess of Section 2. To what actions applicable.
jurisdiction or with
grave abuse of Under B.P. Blg. 129, the CA has original
discretion
jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus
It is a mode of appeal Special civil action
and quo warranto, and auxiliary writs or
Involves the review of Directed against an processes, whether or not they are in
the judgment award interlocutory order of aid of its appellate jurisdiction, and it
or final order on the the court or where has exclusive original jurisdiction over
merits there is no appeal or actions for annulment of judgments of
any other plain, Regional Trial Courts.
speedy or adequate
remedy
Section 4. Jurisdiction over person,

Must be made within filed not later than 60
the reglementary days from notice of
how acquired.
period judgment, order or JURISDICTION IS ACQUIRED:
resolution appealed
from 1. Over the PETITIONER - by filing
of the petition.
Stays the judgment or Unless a writ of 2. Over the RESPONDENT - by the
order appealed from preliminary injunction service on the latter of the
or temporary order or resolution indicating
restraining order is the courts initial action on the
issued does not stay
petition and NOT by the service
the challenged
proceeding on him of the petition or by his
voluntary submission.
The petitioner and The parties are the
the respondent are aggrieved party Section 5. Action by the court.
the original parties to against the lower
the action, and the court or quasi-judicial PROCEDURAL OUTLINE (original cases
lower court or quasi- agency and the in the Court of Appeals)
judicial agency is not prevailing parties 1. Filing of the petition
impleaded 2. Order to acquire jurisdiction
over respondents OR Outright
Motion for Motion for
reconsideration is not reconsideration or for
dismissal for failure to comply
required new trial is required to requirements also form and
If a motion for payment of docket and other
reconsideration or legal fees.
new trial is filed, the 3. Require respondents to file
period shall not only COMMENT within 10 days from
be interrupted but NOTICE
another 60 days shall

4. Court may require the filing of a EXTRINSIC LACK OF

REPLY or such other pleadings as
FRAUD JURISDICTION
it may deem necessary
5. Determination of FACTUAL
Period of 4 years from Before it is barred
ISSUES, the court may delegate Filing discovery by laches or
the reception of evidence on action estoppel
such issues to any of its
members. Effect of Trial court Original action
judgment will try the may be refiled
RULE 47 case
ANNULMENT OF JUDGMENTS OR FINAL
ORDERS AND RESOLUTIONS Section. 5. Action by the court.
Two stages:
Annulment of judgment is a remedy in 1. A preliminary evaluation of the
law independent of the case where the petition for prima facie merit
judgment sought to be annulled was therein, and
rendered and may be availed of though 2. The issuance of summons as in
the judgment has been executed. ordinary civil cases and such
appropriate proceedings
One important condition for the thereafter as contemplated in
availment of this remedy - the Sec. 6.
petitioner failed to move for new trial
in, or appeal from, or file a petition for The rule allows the CA to dismiss the
relief against, or take other appropriate petition outright as in special civil
remedies assailing the questioned actions.
judgment or final order or resolution
through no fault attributable to him. For the court to acquire jurisdiction
over the respondent, the rule requires
If he failed to avail of those other the issuance of summons should prima
remedies without sufficient facie merit be found in the petition and
justification, he cannot resort to the same is given due course.
annulment provided in this Rule, RULE 48
otherwise he would benefit from his PRELIMINARY CONFERENCE
own inaction or negligence.
Section 3. Binding effect of the results
Grounds for ANNULMENT OF of the conference
JUDGMENT
1. extrinsic fraud or collateral In the CA, this procedural device may be
fraud; availed of not only in original actions
2. lack of jurisdiction; but also in cases on appeal wherein a
new trial was granted on the ground of
Extrinsic fraud shall not be a valid newly discovered evidence. The CA can
ground if it was availed of, or could act as a trier of facts, hence the
have been availed of, in a motion for preliminary conference authorized is a
new trial or petition for relief. convenient adjunct to such power and
function.
EXTRINSIC OR COLLATERAL FRAUD is
any fraudulent act of the prevailing RULE 49
party in the litigation which is ORAL ARGUMENT
committed outside of the trial of the
case, whereby the defeated party has Section 3. No hearing or oral argument
been prevented from exhibiting fully for motions
and fairly presenting his side of the
case. Motions in the SC and the CA do not
contain notices of hearing as no oral

arguments will be heard in support Law of the Case the opinion delivered
thereof; and if the appellate court on a former appeal. It means that
desires to hold a hearing thereon, it will whatever is once irrevocably
itself set the date with notice to the established, as the controlling legal rule
parties. or decision between the same parties in
the same case, continues to be the law
RULE 50 of the case, whether correct on general
DISMISSAL OF APPEAL principles or not, so long as the facts on
which such decision was predicated
Section 1. Grounds for dismissal of continue to be the facts before the
appeal court.
With the exception of Section 1 (b)
dismissal of an appeal is directory and But this rule does not apply to
not mandatory. resolutions rendered in connection with
the case wherein no rationale has been
Other grounds for the dismissal of an expounded on the merits of that action.
appeal are:
1. by agreement of the parties, as Section 5. Form of Decision
where the case was amicably The requirement for the statement of
settled by them. facts and the law refers to a decision or
2. where the appealed case has for that matter a final resolution. The
become moot or academic. same are not required on minute
3. where the appeal is frivolous or resolutions since these usually dispose
dilatory. of the case not on its merits but on
procedural or technical considerations.
Section 2. Dismissal of improper appeal
Although the court may, if it feels
to the Court of Appeals
necessary, briefly discuss the matter on
the merits in an extended resolution.
No transfer of appeals, erroneously
taken to it or to the Court of Appeals,
whichever of these tribunals has
appropriate appellate jurisdiction, will
be allowed. Also, elevating such appeal
With respect to petitions for review and
by the wrong mode of appeal shall be a
motions for reconsideration, the
ground for dismissal.
Constitution merely requires a
A resolution of the Court of Appeals
statement of the legal basis for the
dismissing the appeal and remanding the
denial thereof or refusal of due course
case to the trial court for further
thereto. The court may opt, but it is not
proceedings is merely interlocutory,
required to issue an extended resolution
hence a motion for its reconsideration
thereon.
filed year later may be entertained and
granted
Section 6. HARMLESS ERROR
The court, at every stage of the
Section 3. Withdrawal of Appeal
proceeding, must disregard any error or
defect which does not affect the
Court of Appeals may dismiss the appeal
substantial rights of the parties such as
outright even without motion. The
error in admission or exclusion of
remedy if dismissed for improper appeal
evidence or error or defect in the ruling
is to refile it in the proper forum but
or order.
has to be within the prescribed period.
RULE 51 Section 8. Questions that may be

JUDGMENT decided
Only errors claimed and assigned by a
party will be considered by the court,

except errors affecting its jurisdiction Rule specifically states what cases may
over the subject matter. To this be originally filed with the Supreme
exception has now been added errors Court
affecting the validity of the judgment 1. petition for certiorari,
appealed from or the proceedings prohibition, mandamus, quo
therein. warranto, habeas corpus;
2. disciplinary proceedings against
Even if the error complained of by a members of the judiciary and
party is not expressly stated in his attorneys
assignment of errors but the same is 3. cases affecting ambassadors,
closely related to or dependent on an other public ministers and
assigned error and properly argued in his consuls
brief such error may now be considered
by the court. B. APPEALED CASES Mode of Appeal
In criminal cases where the penalty
RULE 52 imposed is death or reclusion perpetua,
MOTION FOR RECONSIDERATION an appeal made to the Supreme Court is
through a notice of appeal filed with
The rules now prohibit a second motion the RTC in all other cases, an appeal
for reconsideration. made to the supreme court is through a
petition for review on certiorari.
Sec. 3 provides a time limit of 90 days
for the resolution of a motion for
PROVISIONAL REMEDIES
reconsideration filed with the Court of
Appeals from the date the same was Also known as ancillary or auxiliary
submitted for resolution, which is remedies, are writs and processes
normally the filing of the last pleading available during the pendency of the
required by the rules of court or the action which may be resorted to by a
expiration of such period. litigant to preserve and protect certain
rights and interests therein pending
Rules now requires the service of the rendition, and for purposes of the
motion to the adverse party ultimate effects, of a final judgment in
the case.
RULE 53
NEW TRIAL
Filing of a motion for new trial is at any The following are the provisional
time after the perfection of the appeal remedies provided for in the Rules of
from the decision of the lower court and Court
before the Court of Appeals loses 1. Preliminary Attachment (Rule
jurisdiction over the case 57)
2. Preliminary Injunction (Rule 58)
The ground is newly discovered evidence 3. Receivership (Rule 59)
which could not have been discovered 4. Replevin (Rule 60)
prior to the trial in the court below by 5. Support Pendente Lite (Rule 61)
the exercise of due diligence and of such
character as would probably alter the PD 1818 prohibits the issuance of
result. injunctive writs not only against
government entities but also against any
RULE 56 person or entity involved in the
PROCEDURE IN THE SUPREME COURT execution, implementation, and
operation of government infrastructure
A. ORIGINAL CASES projects.
RULE 57

PRELIMINARY ATTACHMENT
Preliminary Injunction an order
The proper party may have the property granted at any stage of an action or
of the adverse party attached at the proceeding prior to the judgment
commencement of the action or at any requiring a party or a court, agency or a
time before entry of judgment. person to refrain from a particular act
or acts.
WHEN issued
PRELIMINARY MANDATORY Injunction
1. In actions for recovery of a an order requiring the performance of a
specified sum of money or particular act or acts.
damages, except moral and
exemplary, on a cause of action Grounds
arising from law, contract, 1. applicant is entitled to the
quasi-contract, delict or quasi- relief demanded; or
delict against a party about to 2. commission, continuance or non-
depart from the Phils. with performance of the act
intent to defraud his creditors; complained of would work
injustice to the applicant if not
2. In actions for recovery of money enjoined; or
or property embezzled or 3. the acts sought to be enjoined
fraudulently converted to his probably violates the rights of
own use by a public officer, or the applicant respecting the
an officer of a corp., or an subject of the action and
attorney, factor, broker, agent tending to render the judgment
or clerk, in the course of his ineffectual.
employment as such, or by any
person in a fiduciary capacity; Section 5.
There must be prior notice to the person
3. In actions to recover property sought to be enjoined and a hearing
unjustly taken or concealed, before preliminary injunction may be
when the property or any of its granted.
part, has been concealed or
disposed of to prevent its being If great or irreparable injury would
found by the applicant or any result to the applicant, the court may
authorized person; issue ex parte a temporary restraining
order, effective only for 20 days from
4. In actions against a person guilty service on the party sought to be
of fraud in incurring or enjoined.
performing an obligation upon
which the action is based; If the matter is of extreme urgency and
the applicant will suffer grave injustice
5. In actions against a party who and irreparable injury, the judge may
has removed or disposed of his issue a TRO effective only for 72 hours
property, or is about to do so, from issuance. Its effectivity may be
with intent to defraud his extended after conducting a summary
creditors; hearing w/in the 72-hrs period until the
application for preliminary injunction
6. In actions against non-residents can be heard.
not found in the Phils., or on
whom summons is served by The total period of effectivity of the
publication. TRO shall not exceed 20 days, including
the 72 hours.
RULE 58
PRELIMINARY INJUNCTION

If application is denied or not resolved 2. in foreclosure of mortgage,

within said period, the TRO is deemed when the property is in danger
automatically vacated. of being wasted or dissipated
and that its value is probably
Effectivity of TRO is not extendible. insufficient to discharge the
There is no need of a judicial mortgage debt or that it has
declaration to that effect. been agreed upon by the
parties;
A TRO issued by the CA or any of its 3. after judgment, to preserve the
members is effective for 60 days from property during the pendency of
service on the party sought to be an appeal or to dispose of it
enjoined. accdg. to the judgment or to aid
execution;
A TRO issued by the SC or a member 4. when appointment of receiver is
therof is effective until further orders. the most convenient and
feasible means of preserving,
GROUNDS FOR OBJECTION administering or disposing of the
1. insufficiency; property in litigation.
2. if injunction would cause
irreparable damage to the A person who refuses or neglects to
person enjoined while the deliver property within his control and
applicant can be fully which is the subject of the action to the
compensated for such damages, receiver may be punished for contempt
PROVIDED the former files a and liable to the receiver for the money
BOND. or the value of the property PLUS
damages.
Distinctions
INJUNCTION PROHIBITION The receiver shall also file a bond
directed against a Directed against a before entering upon his duties separate
party in the action court, tribunal or a from the bond filed by the applicant.
person exercising
judicial powers RULE 60
does not involve Based on the ground REPLEVIN
jurisdiction of the that the court against
court whom the writ is The sheriff shall retain the property for
sought had acted 5 days. Within such period, the adverse
without or in excess party may object to the sufficiency of
of jurisdiction the applicants bond or surety or he may
file a counter-bond.
it may be the main Always the main
action itself or just a action After 5 days and the adverse party
provisional remedy
failed to object or his counter-bond is
insufficient, the sheriff shall deliver the
property to the applicant.
RULE 59 Distinctions
RECEIVERSHIP
WHEN MAY BE GRANTED REPLEVIN ATTACHMENT

1. applicant has an interest in the
property or fund subject of the May be sought only Available even if
proceeding and such property is when the principal recovery of property is
in danger of being lost or action is recovery of only incidental to the
materially injured unless a personal property. relief sought.
receiver is appointed;

Can be sought only May be resorted to

when defendant is in even if the property is
actual possession of the in possession of a third
property. person.
CANNOT be availed of Can be AVAILED of even

when property is in if property is in
custodia legis CUSTODIA LEGIS.
Available before Available from

defendant answers commencement but
before entry of
judgment
Bond is DOUBLE the Bond is FIXED by the

value of the property court
RULE 61
SUPPORT PENDENTE LITE
When may be applied for: at the

commencement of the action or at any
time before judgment or final order.
Failure to comply with an order granting

support pendente lite may warrant the
issuance of an order of execution against
the non-complying party. He may
likewise be liable for contempt.
See matrix on provisional remedies more

detailed information.


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San Beda College of Law 10

MEMORY AID IN REMEDIAL LAW

Judgment is Judgment is Judgment

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

(D) Section 6. Construction.

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

be one action for damages (Blossom &

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

Section 1. Who may be parties; CLASSIFICATION OF PARTIES IN

Section 3. Representatives as parties. Under the present rule, a person need

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

appoint a guardian ad litem. It is enough them

Section 6. Permissive joinder of

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

6. defendant is the defendant

Section 12. Class suit.

Class Suit Permissive Joinder INSTANCES WHERE SUBSTITUTION OF

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

Section 20. Action on contractual

2. The claim, subject of the action,

B. Death or separation of a party who If defendant dies before entry of final

Place where the action Power of the court to

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

is instituted hear and decide a case consistency, whether permanent or

May be changed by the Cannot be the subject

The rule on VENUE IS NOT APPLICABLE

Section 2. Venue of personal actions. Dismissal of Action for Improper Venue

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

venue. An exception is provided in

court may court may

W/in 10 days If Defendant fails to

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

9. Dilatory motions for KATARUNGANG PAMBARANGAY LAW

While a motion to declare the defendant

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

7. Such other classes of disputes filing a complaint in court or any

THE PARTIES MAY GO DIRECTLY TO 4. Disputes arising at the

The parties may, at any stage of the Section 1. Pleadings defined.

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

PLEADING MOTION given. A fact is essential if it cannot be

Always filed before May be filed even

a specification of the relief sought, but

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

are had as in the original complaint. For

Section 7. Compulsory Counterclaim

Issuance of Parties agree

Execution Repudiation of Award to be

MEMORY AID IN REMEDIAL LAW

its adjudication the adjudication the

It is barred if not set It is NOT barred even

Need not be Must be answered,