Brondial Lectures
CIVIL PROCEDURE
 Read the Question twice.
 The Question might be a dishonest
question.
 Memorize the titles.
 If you do not understand,
memorize.
 Examiner puts a date, answer by
putting a date.
 12, 16, 63, 64, 65 – Neypes Rule
does not apply. [41, 42, 43, 44, 45]
 1 year – 365 days
 12 months – 360 days
 You need not only push from
below but also a lift from above.
 No problems in life, just decision to
make.
 Know the essence, not the section.
 Just don’t care, your God will take
care of you.
 Codal Provisions
JURISDICTION
 Jurisdiction – most important matter
in Remedial Law. Master the issues in
Remedial Law.
 A judgment, decision, resolution, final
order, rendered by the court without
jurisdiction is null and void. (Basic
Principle)
 Principle on concurrent jurisdiction –
the principle of the hierarchy of
courts.
 Jurisdiction is to hear and decide the
case, “it is the court which has the
authority.” Section 5, Article 8 of the
Constitution.
 CTA has been elevated to the level of
the CA (RA 9282)
 Sandiganbayan – constitutionally
mandated court
Transcribed by Gean Cabrera and Ayan David
San Beda Law / UA&P Law
2016 Civil Procedure
 Sharia Courts – three (Bar Question)
 6 Courts (Remember)
o CA, CTA en banc (Appeals),
COMELEC, Sandiganbayan,
Sharia Appellate Court, COA – all
appeals will go to SC.
o Quasi-judicial bodies participation
power of regular courts.
o Section 1, Rule 43 – CTA is
eradicated.
 2 kinds
1. Original – the first time – court takes
cognizance of a case.
a. Exclusive
b. Concurrent
2. Appellate – 2nd, 3rd or 4th time.
 Appellate jurisdiction must always be
exclusive. Appeal from the 6 courts
necessary goes to the SC. Include
COMELEC and COA pursuant to
Rule 64.
 Concurrent Jurisdiction principles
(Remember)
o Hierarchy of Courts
o Transcendental Importance
o Not a trier of Facts (SC) Rule 45,
pure questions of law - As a general
rule.
Case: Liga ng mga Barangay vs. Atienza
(Transcendental importance)
 Split jurisdiction in relation to
concurrent jurisdiction
Case: City of Manila vs. Judge
(Justice Peralta) (Possible bar
question)
Grecia vs. Cuerdo
Two Courts take cognizance of
the same case. – Anathema to
procedure. Only one count should take
cognizance of a case. CA/CTA – RA
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9282 – implied that CTA has the power to
decide on Certiorari cases.
 Delegated Jurisdiction – jurisdiction
of lower courts to take cognizance of
land registration cases when there is
no oppositor, and the value does not
exceed PhP 100,000.
o (MTC) appeal is to the CA.
o Land Registration Cases – RTC.
 Special Jurisdiction – jurisdiction of
lower courts in the taking cognizance
of petition for bail, Habeas Corpus in
the absence of the MTC Judges.
 Limited Jurisdiction – jurisdiction of
any court that takes cognizance and
decide only certain issues. Ex:
Probate Court.
o Probate of a will to rule 90
(Distribution, etc.)
o Execution and authenticity of a will
can be decided by the Probate
Court.
 Primary Jurisdiction – jurisdiction of
administrative bodies to take
cognizance of cases in which they
have expertise. Related to
Exhaustion of Administrative
Remedies. Ex. HLURB/DARAB
Case: Kabigling vs. CA
Latest: Jurisdiction of the Office of
the Ombudsman – primary jurisdiction
over all cases cognizable by the
Sandiganbayan in the exercise of its
original jurisdiction.
Case: Sanchez vs. Demetrio – old case
Ombudsman and DOJ – 4. Jurisdiction over the Territory
concurrent jurisdiction (Repealed)
(Amended)
Case: Escobar – old case
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San Beda Law / UA&P Law
2016 Civil Procedure
Preliminary Investigation –
Ombudsman, Chief Superintendent,
Appeal to Sandiganbyan.
 Residual Jurisdiction – that
jurisdiction that remains with the trial
court even after it has lost jurisdiction
over the subject matter (Section 9,
Rule 41 – perfection of appeal and
expiration [loss of jurisdiction] of the
period to appeal) MNT or MR)
o Ex. Execution
 MTC – RTC - CA – SC
(back to MTC,
[Execution])
 Residual prerogatives the jurisdiction
of the appellate courts to dismiss the
case (new) motu propio pursuant to
Section 1 Rule 9.
o 4 grounds (under Rule 9 Sec.
1) – only grounds where the
court may dismiss the case
motu propio
o 5. Dismissal of Action
o 6. Summary Procedure
 Universal Jurisdiction – Cybercrime
Act of 2012 (new) (Possible bar
Question) Internet transcends space.
Case: Bonifacio vs. RTC Makati –
jurisidiction is territorial; where the
complainant resides. - Libel/ Cybercrime
 As to the Nature
1. Jurisdiction over the Subject
Matter
2. Jurisdiction over the Person of the
Parties
3. Jurisdiction over the Res
5. Jurisdiction over the Issues
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 Territory – does not apply in Civil 4. 3rd/4th/ 5th party defendant

Cases because of Rule 4. It only 5. Intervenor
applies in Criminal Cases. o Court acquire jurisdiction upon
 Jurisdiction over the Res – the res is Plaintiff:
the thing / the object of the case. It 1. Filing of complaint; and
does not have to be acquired by the 2. Timely and correct payment of
Court. docket fees.
o Mandatory when it cannot acquire
Case: GIPE vs. Southern Luzon Institute
jurisdiction over the person of the
(2014)
defendant.
o Action in Rem/Personam – Wala Case: SLU vs. Cobarrubias
na.
Docket fees are required in
o As long as the Court can acquire
permissive counterclaims
jurisdiction over the res, it can
continue even if the jurisdiction over Case: Mercado vs. CA (Rule 141 –
the person of the defendant cannot docket fees)
be had. As long as the grounds are
o Upon defendant/co-defendant/
present. rd th
3 /4 party defendant
o Rule 57- Preliminary Attachment
1. Valid Service of
(CivPro)
summons
o Rule 127 – Preliminary Attachment
2. Voluntary appearance
(CrimPro)
o Upon Intervenor (Rule 19)
o Section 1 of Rule 57 – to secure the
o Upon approval of the motion for
satisfaction of a favorable judgment.
leave to Intervene.
o For the court to acquire jurisdiction
over the res.  Jurisdiction over the Subject Matter
o Conferred by Law
 Jurisdiction over the Issues -
o Governing laws:
determined by the allegations in the
a. RA 7691 which amended BP
pleading.
129 – Pasadahan niyo
o Contract of loan – demand letter is
b. RA 8369 – Jurisdiction of the
not indicated/raised in the pleading.
Family Court must be separated
 Remedy – Rule 10 –
from RTC.
Amendment to conform
i. The Family Court is separate
to evidence.
and distinct from RTC.
o Mandatory in criminal cases. Court
o Jurisdictional amount – 300,000
acquires jurisdiction over the issue
and 400,000 as the case may be.
upon arraignment.
o SpecPro – Settlement of Estate –
 Jurisdiction over the persons of
gross valueof the Estate, 300,000
parties
and 400,000.
o Civil Cases – 5 maximum parties
o Action involving title, possession,
1. Plaintiff
interest of real property.
2. Defendant
3. Co-defendant

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Brondial Lectures 2016 Civil Procedure

o Take note of Section 8 Rule 40, Rule 111 – Prosecution of

Appeal from MTC to RTC. Offenses (Civil Aspect) – Whenever a
Dismissal for lack of jurisdiction. criminal case is filed, the civil aspect
o Money Claims, exclusive of arising from the crime is deemed
interest, damages, and attorney’s instituted with it.
fees, expenses and litigation cost.
f. Who committed it?
a. Ex: MTC – 250,000 claim; filed
i. Public officers with Salary Grade
in RTC – RTC has jurisdiction-
27 or above. (Salary Position
Breach of contract.
and Compensation and
o Family Court –
Classification Act)
a. AVAWC
ii. Public officer – embedded with
b. Victim of accused is a minor
public function.
c. Habeas corpus – custody and
iii. PD 1606 – officers which do not
guardianship of minor.
have salary grade.
o Sandiganbayan –
g. How was it committed?
a. three questions:
i. Before, if the public office is an
i. What crime/offense is
element of the crime (Amended)
committed?
ii. SC: As long as the public office
ii. Who committed it?
has facilitated the commission of
iii. How was it committed?
the crime, it falls under the
b. The SC and CA have no
jurisdiction of Sandiganbayan.
appellate jurisdiction in criminal
 Jurisdictional Estoppel – exception to
cases.
the fundamental rule.
c. PD 1606
d. Sandiganbayan can take Cases: Tijam vs. Sibonghanoy -
cognizance of civil case (Garcia this is not the rule but the exception.
vs. Sandiganbayan)
e. What offense/crimes are Boston vs. Equity Resources
committed? (2013)
i. Violation of RA 3019 Does not refer to lack of
ii. Ill gotten wealth law (RA 1379) jurisdiction over the person but rather to
iii. PCGG Cases the issue of the case and over the subject
iv. Bribery (RPC) matter.
v. Estafa ]
Jurisprudence Case: PAT – OG vs. CSC – concurrent
vi. Falsification ] jurisdiction and estoppel – participation in
the proceeding.
Cases: Hanna Sevana vs.
Sandiganbayan G.R.: Jurisdiction may be raised at
any time (Record on appeal), even on
Pramiscal vs. Sandiganbayan appeal as long as no participation.
Sanchez vs. Demetrio Case: Duero vs. CA
Estoppel in pais.

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Brondial Lectures
RULE 1 – General Provisions
 Commencement of action – upon
filing of the complaint and the timely
and correct payment of docket fees.
 3 kinds of Actions
1. Criminal
2. Civil
3. Special Proceedings
 In case of doubt, in favor of the
administration of justice.
 Equipose Doctrine – scale of justice is
in equilibrium, justice must be
rendered in favor of the defendants.
RULE 2 – Cause of Action
 One cause of action – one suit
 Section 3- Rule 6 – Plaintiff’s cause of
action contradictory to: Defendant –
one who violates the right of another.
 Cause of action and Right of action
 There can never be a right of action
without a cause of action.
 The defendant triggers the right of
action of the plaintiff.
 Right and correlative obligation.
 One suit – one cause of action
o One act – two suits – splitting cause
of action. Violates the principle of
multiplicity of suits.
o Failure to pay = 1 suit
o How to split?
1. Sue for 100,000
2. Sue for damages
o Equivalent to duplicity = in criminal
procedure
o In criminal procedure, there is a
waiver if there is no objection.
 Joinder of Action
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2016 Civil Procedure
o Purpose: To facilitate the
administration of justice
o Put the causes of action together in
one case provided all the conditions
are met.
1. Joinder of parties (permissive
joinder of parties; arises from same
act or transactions, law or general
fact common to all)
2. You cannot join it with a Special
Civil Action (different rules)
3. Different venue/jurisdiction = RTC
4. Totality Rule – Money Claim
 Misjoinder and nonjoinder are not
grounds for dismissal.
RULE 3 – Parties
1.
Natural Persons
2.
Juridical Persons
3.
Entities authorized by law
Natural person – one gifted with
intellect and will.
 Juridical person – creation of law;
corporations
 Entitites authorized by law
1. Estate of a person – totality of the
assets and liabilities of the
decedent.
2. Partnership not recognized with
SEC
 Remember: They must be parties in
interest.
o Section 2, Rule 3 – parties–in-
interest – one benefitted or injured
by a judgment in a suit.
 Those with locus standi can sue and
be sued even if not parties in interest
– personal and substantial interest in
the case.
a. Voters
b. Taxpayers
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 Representative Parties – not the real
party in interest but allowed to sue in
a representative capacity.
a. Guardians
b. Executor/administrator
c. Express trust
o The name/designation of the
represented must be impleaded in
the pleading.
a. Exception: Principal – Agent
i. Exception: Property of principal
 Husband and wife.
1. Exception:
 paraphernal property
 Cases involving themselves
 Class suit
1. Several parties involved
2. Commonalities of facts’laws
o Must be represented by the number
sufficiently numerous as to represent
the entire class.
 Independence/Necessary Party
o Remember two words: FINAL &
COMPLETE determination of the
case
 Ex: co-ownership
 Are co-owners indispensable
parties?
1. Plaintiff – only one owner
2. Defendant – all are indispensable
parties (Jara’s Exam question)
o Rule: Any judgment, decision, final
order where not all the
indispensable parties are
impleaded, such is null and void.
o If not impleaded, rule is to amend
the pleading not subject of a motion
to dismiss.
o If necessary party is not impleaded,
indicate the reason of the omission.
o Ex. Rule 67 – Foreclosure of Real
Estate Mortgage you have to
implead all persons whose rights
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San Beda Law / UA&P Law
2016 Civil Procedure
are subordinate to that of the holder
of the mortgage (necessary parties)
 Transfer of interest
o Not an indispensable party
o The transferee is only a necessary
party. However, if the court orders
the inclusion of X, dismissal
because of non-compliance with the
order of the court if there is a refusal
to implead.
 Section 16 – Death of a party
o Without the necessity of appointing
an executor or administrator
o Incumbent upon the counsel of the
adverse party to substitute the
decedent, with the appointment of
an executor or administrator.
o Timeframe: 30:30 days
 Public Officer – Section 17
o (Source of Corruption) (very bad
provision)
Case: Nagadam vs. Tungnawa (Mayor
of Kalinga)
 Bar exam: Section 20 – Contractual
money claims after entry of judgment
– Execution – apply Rule 86 – Claim
against the estate.
 Correlate Section 16 to Section 20
 Entry of judgment – Appeal
o RTC-CA-SC – once the SC
finally decided it, there will be
an entry if judgment - then file
a motion for execution (other
regular case)
o Section 20 – settlement of
estate
1. Devisee
2. Legatee
3. Executor
4. Other person in interest – Creditors
o Section 5, Rule 86 – Money claims
are limited to four:
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1.
Judgment for money
2.
Funeral expenses
3.
Expenses from the last illness
4.
Damages from injury
Section 1, Rule 87 – the following
o
may be filed against the executor/
etc:
1. Recovery of real/personal property,
interest therein, lien therein
2. Damages to person/property.
 Separate action
o What if there is an attachment?
1. Still file under Rule 86
o [16, 20, 86, 87, 57] REMEMBER!
RULE 4 – Venue
 GR: Section 4, not Section 1 and 2,
they are exceptions.
o Ex:
 Guardianship – residence of the
ward
 Adoption – residence of the adoptor
 Quo warranto – residence of the
respondent
 Venue of action par. B (4) agreement
of the parties. Brought before the
initial filing of the case by the parties.
 For the convenience of the parties –
agreement (exclusivity) Mandatory if
the terms are couched in exclusivity.
o Ex:
 No other place except ….
 Which shall be filed exclusively in …
 In the absence of law or provision in
the contract, apply the rule on
whether it is a personal action or real
action.
Case: Pacific Consultant vs. Schonfeald
(2008 or 2009)
Suult Lines vs. Tevez (1980s)
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2016 Civil Procedure
Contract of adhesion is not
binding in the case at bar.
 Even if you miss to file a MD based
on improper venue, raise it as an
appropriate defense in the answer.
RULE 5 – Summary Procedure
 Salient points:
1. Applies only in the lower courts
Case: Refujia vs. CA
2. There is no trial
 Submit depositions, pieces of
evidence, position paper
o Exception: Criminal Cases – there
is half trial because of the right of
the accused to cross examine the
witness face to face.
 New Rule: Judicial Affidavit Rule
 No direct examination.
3. The prescriptive periods / required
periods are much shorter - 10 days
from receipt of summons; 30 days –
submission;
4. Prohibited pleadings
 Motion to Dismiss
o Exception: lack of jurisdiction
because of the basic principle;
conciliation proceeding – no longer
jurisdictional but a matter of
prematurity.
 Clarificatory Questions
 Appeal – 15 days
 Default – prohibited pleading
o Move for judgment
 Demurrer is not a prohibited pleading
because it does not defeat the
purpose of summary procedure.
 Province 100,000
 Metro Manila 200,000
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 BP 22 – irrespective of the amount, A- Complaint B ←Cross

always before the MTC. Claim→ C - 3 rd party
 Small Claims – instead of a Complaint→ D
complaint, application is given. No
A← Answer ----- B - 3rd party
lawyer/counsel.
Complaint→ D 4th party
o Response
Complaint→ Y
o There are filing fees.
o New Small Claims Rule (effective A- Reply B
February 2016), demands from
A← Counter Claim--B
damages arising from contract,
quasi contract or delict, was A Counter CounterclaimB
repealed; it was replaced with “for
Intervention ↑
liquidated damage arising from
contract.” D– 3rd party defendant
1. Another key feature is the venue for
filing. If the Plaintiff is engaged in 4th party plaintiff
the business of lending, banking or  Complaint – Plaintiff’s cause of
similar activities, and has a branch action
within the municipality or city where o Evidence
the defendant resides, the  Additional direct/ cross/
Statement of Claim/s shall be filed redirect/ recross
where the branch is located.  Discretion of the court
Case: Palileco vs. Planters
Development Bank
CERTIORARI 65 – Question of
jurisdiction, grave abuse of discretion  Answer includes defenses
amounting to lack or excess of  2 kinds of Defense
jurisdiction 1. Specific Denial / Negative Defense
 Absolute Denial
- Error of JURISDICTION  Partial Denial
APPEAL – error of JUDGMENT  Lack of knowledge/ Information
 That which you do not know, you
cannot deny.
RULE 6 – Kinds of Pleadings o Absolute Denial
 A: B Owes me
 Pleading are different from motion 450,000
 Pleading – general  B: No, A owes me
relief 450,000
 Motion – particular relief o Partial Denial
o Written statements – cause of  Car Collision – B
action and defense admits that there is
o Correlate Rule 3 – the pleading collision but he is not
come from these parties:

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San Beda Law / UA&P Law
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the cause of the
collision.
 Negative Pregnant – Is a denial
which amounts to an admission.
Allegation is a compound/complex
sentence. There should be a
qualification.
o Ex. Defendant borrowed money
from the plaintiff while he is
washing his clothes. Defendant
denies it. What is he denying?
Case: Galofa vs. Nikonsing (1972)
 Complaint – ultimate facts, not
evidentiary matters.
 Pag inuulit mo yung allegation ng
plaintiff.
Case: Republic vs. Sandiganbayan –
Imelda Marcos and company, denial
amounted to admission.
 State the grounds for denial.
 For lack of knowledge and
information, you must be honest.
This applies to compulsory
counterclaims. ← Lack of
information.
2. Affirmative defense – hypothetical
admission and setting up other
matters that bar the complainant’s
recovery. Reverse trial because there
is an admission in the principal action.
 Ex. Murder – plea of not guilty –
self-defense.
 No evidence in chief on the part of
the prosecution. It will now be with
the defense. Burden of Evidence
should be established by the
defense.
 Reply – it is not required.
 Mandatory –
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2016 Civil Procedure
1. New matters are put up in an answer.
 Ex. Defense based on actionable
documents. Reply amounts to
contesting the allegations in the new
matter.
 Counterclaim – should not be
confused with the answer. Complaint
of the defendant against the plaintiff.
The plaintiff may be declared in
default for failing to answer a
permissive counterclaim.
 Ex. Dead Man’s Statute.
 2 kinds of Counterclaim
1. Compulsory Counterclaim – had it not
been for the complaint, the
counterclaim should not have arisen.
2. Permissive counterclaim – arose
differently from the complaint.
Case: FGU vs. Alday
Several Tests:
1. Logical Relation test – between the
complaint and counterclaim.
2. Evidence test rule – Evidence of
the complaint may be used in
defense or for the matters in
counterclaim.
3. Res Judicata exists – counterclaim
 Counterclaim must be within the
jurisdiction of the trial court:
1. In amount
2. In nature
o As to amount:
 Complaint 250,000 – MTC }
Dismissal of Counterclaim
500,000 – RTC} Counterclaim
 But not so if it is in the case of
RTC because it is the court of
general jurisdiction.
o As to the nature:
 A filed a case 500,000 RTC,
Counterclaim B 500,000 unpaid
Brondial Lectures 2016 Civil Procedure

wages of employers to o If the pleading is unsigned, it is not

employees. demed signed.
 Aside from the signature, the
 Counter counterclaim may be filed address. Not the post office box
based on damages. address, because of the prescriptive
period.
Case: Alday vs. FGU
o Change of address – if not informed
 Crossclaim – between defendants (court), ground for disciplinary
 A – B & C = B loaned from A, B action. Running of the period is not
shared the money to C. A did not tolled.
know C had a share from the money.  (Bar Question) 4 things which are
 Third party complaint – filing a mandatory without which the pleading
complaint against a stranger. is not deemed filed.
 3 grounds: 1. PTR – Professional Tax Receipt
1. Indemnification 2. IBP #
2. Subrogation 3. Roll # - to verify whether you are a
3. Other relief member of the bar.
 D’s counterclaim (as a third party 4. MCLE Compliance #
defendant) can be filed against the  Verification and Certification against
original plaintiff and third party Forum Shopping – Mandatory but not
plaintiff. jurisdictional. In practice, can be done
in one page only. (MEMORIZE)
Verification Certification
RULE 7 – Parts of Pleading against Forum
Shopping
 Caption – all the terminologies in the
Correctible by Not correctible by
complaint. Before “COMPLAINT”. amendment amendment but is
 Body – After “COMPLAINT”. Causes a ground for
of action may be alleged in the dismissal without
alternative. prejudice unless
o The important are the signature and the court
address. provides.
 Relief – prayer. Prayer must be
alleged in the body as well.
o These are required in the initiatory
Otherwise, it is an irregularity.
pleadings, generally.
 The court will not consider the
 Permissive
prayer valid.
Counterclaim}Initiatory
o BODY + PRAYER
 Cross Claim }Pleading
 Sections 3, 4, 5 – The Party to the  Third/fourth Party Complaint}
pleading can sign his own pleading.  Intervention }
He may be represented by his o The verification and certification
counsel. It should be a lawyer. against forum shopping – all

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parties must sign. The lawyer
cannot sign for the party unless
there is a SPA or you are an
inhouse counsel of a corporation –
Plaintiff/Defendant
 Ex. Permissive counterclaim –
effect is fatal to the procedure.
Case: INC vs. Ponferrada
COA vs. Paleo (2010/2011) – CFS
not signed by the proper party.
o CSC - CA(ONLY THE
CONSTITUTIONAL BODY THAT
CAN APPREAL TO CA)
o COA and COMELEC – SC
o Forum shopping is closely related
to Litis Pendentia. LP is always a
forum shopping. But FS cannot be
LP.
RULE 8 – Manner of Making
Allegations in the Pleading
 Section 2 is important.
 Section 7 and 8 are important.
 Actionable Document – these which
are the basis of the claims and
defense.
 How to allege/avail?
1. Copy the substance and attach the
copy of the document (Ex. Contract of
Mortgage)
2. Copy the entire document without
attachment (verbatim)(Ex. Promissory
Note)
 These Actionable document form
part of the pleading.
 Evidence must be offered.
 How to contest?
1. Deny specifically under oath.
2. The pleading must be verified
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2016 Civil Procedure
 Effect if not denied specifically and
under oath – there is admission –
authenticity and due execution.
Case: Benguet Exploration vs. CA
 Authenticity and Due Execution
1. Document was signed
2. Document, when signed, was
unaltered
3. It was delivered
4. It complies with all the formalities
required by law.
 Different from probate of a will.
 Exceptions:
1. When you are not a party in an
instrument
2. Refusal to comply with order to
furnish the other party of the
document.
 Deny but not under oath.
 Fraud is never presumed.
Allege it with particularity.
Mistake as well.
 Malice/Intent – generality.
RULE 9 – Effect of Failure to Plead
 Section 1 is the basis of residual
prerogative.
Case: Katon vs. Palanca
 Grounds:
o Section 1 of Rule 9
 Lack of Jurisdiction
 Res Judicata
 Litis Pendentia
 Prescription
 Compulsory counterclaim if not set up
is deemed waived.
o Exception: Omitted counterclaim
(Sec. 10)
 Inadvertence
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 Excusable negligence
 Oversight
 Section 3 – Substance of Rule 9.
o Rule on Default – 70% Bar
o Demurrer to Evidence – 70% Bar
o One ground: Failure to file answer
within the prescriptive period (15
days)
 In summary procedure – a motion to
declare defendant in default is a
prohibited pleading. (Also forcible
entry, unlawful detainer)
 Litigated motion – the court cannot
declare a defendant in default motu
propio.
 Rule 15 – 2 kinds of motion
o 1. Litigated motion
 Writing
 Serve on the adverse party
 Hearing
o 2. Non-litigated motion
 Court issues an ORDER of
DEFAULT.
 Never confuse it with a JUDGMENT
by DEFAULT.
o Effect: He loses his personality
before the court. The defendant can
no longer participate in the
proceedings. He can only be notified.
o Remedy: Motion to Set Aside the
Order of Default.
 It is a litigated motion. The adverse
party is the plaintiff.
Case: BDO vs. Tan Sipic (2012)
 Motion for Reconsideration was not
filed. SC: Remedy is Wrong
 A judgment of default may be
rendered by the court: (Remedies)
 Appeal
 MNT
 MR
 Certiorari, perhaps
Transcribed by Gean Cabrera and Ayan David
San Beda Law / UA&P Law
2016 Civil Procedure
o Exception: Where a judgment by
default may be rendered without an
order of default: Rule 29, Section 3,
par. 3
 Multiple defendants – partial defaults
– common cause of action – court
may rule in favor or against all.
Correlate with Rule 70 (FEUD)
 Order as in default – defendant fails
to file a pre-trial brief or does not
appear at the pre-trial. Abrogated by
1997 ROC. Court may render
judgment based on the pleading or
may order presentation by evidence
ex parte.
o Effect: in effect, declared in default.
The right to appeal does not
proscribe.
o ? Set aside the order of default.
RULE 10 – Amendments/
Supplemental Pleadings
1. Matter of Right
2. Matter of Discretion
3. Formal Amendment
4. Substantial Amendment
 Matter of Right – before receipt of the
responsive pleading
 Matter of Discretion – after receipt of
the responsive pleading.
Case: Buhat vs. CA
 In civil cases, what matters is the
allegations in the pleading/body, not
the caption/title.
 Service and filing are two different
things.
 Leave of Court – Section 9 of Rule 15
 Amendment supersedes the original
pleading, therefore there should be
summons.
Brondial Lectures
 Amended as a matter of right can only
be done once. Irrespective of whether
it is formal or substantial.
 You can no longer amend the
complaint if it will alter the jurisdiction
of the court.
 Section 5 –Amendment to conform to
evidence
o Jurisdiction over the issue
o Remedy of a party/ of the plaintiff
o The court must exercise liberality.
 Supplemental Pleadings – matters
that have already happened after the
filing of the pleading. Not subject to
amendment. Those before the filing,
subject to amendment.
RULE 11 – When to File Responsive
Pleadings
 60, 30, 15, 10 – ordinary
procedure/civil
Case: Juan Ponce Enrile vs. Tang,
Sandiganbayan – Criminal Procedure
RULE 12 – Bill of Particulars
 The defendant may file a motion for
Bill of Particulars
o Court may grant it or
 1. File it separately or } 10
days
 2. Through amendment }  Proof: Receipt of copy
o deny it
 defendant has only the balance of
the period. Neypes Doctrine does
not apply.
 Neypes doctrine does not apply
to Rules 16, 63, 64. (Motion to
Dismiss, Declaratory Relief,
Review of Judgments or Final
Orders of COMELEC or COA)
Transcribed by Gean Cabrera and Ayan David
San Beda Law / UA&P Law
2016 Civil Procedure
 Always count from the receipt of the
copy of order denying the motion for
the Bill of Particular; file an answer.
Case: Yu vs. Tatad amended the Rules
of Court.
 Criminal Procedure – fresh period
rule should not be deprived from the
accused.
RULE 13 – Filing and Service
Three Issues:
1. Modes of Filing
 Modes of Service
2. Proof of Filing
 Proof of Service
3. When is it complied with
 Filing – submission of pleading to the
Clerk of Court.
 Service – furnishing the adverse party
of a copy.
 Initiatory pleading – Filings then
service.
 Modes
1. Personal filing – go to the court one file
with the clerk of court.
2. Registered mail (Bar question)
 Substituted service of pleading
 File it with the Clerk of Court if the
other modes are not available.
 Registered mail: Proof of sending and
proof of receipt. Registry receipt of
mailing as against the registry return
card.
Case: Palileo vs. Planters Development
Bank (2014) (Bar Question) – Private
service courier. SC: Service through
private courier is not a means provided
for by the Rules of Court.
Brondial Lectures
Case: Heirs of Miranda vs. Miranda Jr. –
Reason: Considering that service
through private courier is not provided for
by the Rules, count from receiving the
copy of the pleading from the private
couriers.
 Registered mail – from the time of
mailing.
RULE 14 – Summons
Summons – Singular
Summonses – are – plural
 Alias Summons – second, third,
fourth Summons – just tell the clerk of
court. No need for motion, if you have
already served the original summons.
It is addressed to the defendant, must
be served by the process server or
any person authorized by the court.
The authorization does not have to be
in writing.
 Modes of Service of Summons –
Means by which the court acquires
jurisdiction over the person of the
defendant.
o 1. Service in person of the
defendant
o 2. Substituted service of Summons
o 3. Extraterritorial service of
summons
o 4. Service through publication
 1. Sheriff goes to the respondent
personally.
o Refusal – tender it.
 2. Service on another person other
than the defendant himself.
Transcribed by Gean Cabrera and Ayan David
San Beda Law / UA&P Law
2016 Civil Procedure
o 1. He must have a connection
officially or consanguinally to the
defendant.
 Residence of the defendant – he
(recipient) must be a residence in
the residence of the defendant.
 Office of the defendant – in charge
of office, fiduciary relationship. Ex.
Secretary
o Person must be of legal age.
Case: Manotoc Case – Proof that service
in the person of the defendant must have
been availed of three times, two of which
must be on the same day.
 3. Extraterritorial Service
o 1. Service in person of the
defendant
o 2. By publication (do not confuse
it with the fourth mode) – the
person to be served is outside the
country.
o 3. Any other mode authorized by
the court – summons may be
served by Registered mail.
Motion for leave of Court.
o 4. SC: Through the DFA.
 4. By Publication
o This is not extraterritorial.
o Within the country. Section 13
and 14
o Whereabouts unknown
o Identity unknown
o Temporarily out of the country
o Ex. Declaration of Nullity of
Marriage
 Section 9 different kinds of
defendant to be served with
summons
o 1. Not to the warden but to the
prisoner through the warden. The
warden is the deputy sheriff.
Brondial Lectures
o 2. Minor defendant may be
served summon
 Minor and parents/guardian
 Parent or guardian
o 3. Incompetent
 Incompetent and
parent/guardian
 Parent/guardian
o 4. Corporations (Private)
 4.1. Foreign
 1.Resident Agent (15 days)
 2. Public Officer designated by
law (30 days)
 3. Representative of a foreign
corporation (15 days)
 4.2. Domestic Corporation – 6
persons
 1. General Manager’
 2. Managing partner
 3. Corporate secretary
 4. Treasurer
 5. In house counsel
 6. President
 4.3. Public Corporation
 City – City mayor; any
representative of the City
mayor who can receive it
validly. (Jurisprudence)
 Voluntary appearance- There
must be submission to the
court of the defendant.
(categorical and unequivocal)
o Add other grounds than the
lack of jurisdiction, voluntary
appearance – abrogated.
Case: Commercial Industrial Corp. vs.
Tan – Motion to Dismiss – any ground –
there is no voluntary appearance.
 Motion to Dismiss+ Positive Relief =
Voluntary Appearance
Transcribed by Gean Cabrera and Ayan David
San Beda Law / UA&P Law
2016 Civil Procedure
 Motion for an Extension of Time for
filing an answer = voluntary
appearance
 Motion to Set Aside the Order of
Default = Voluntary Appearance
RULE 15 – Motions
 Motions are pleadings but pleadings
are not motions. Prayer for relief.
 2 kinds:
o 1. Litigious – compliance with Secs.
4, 5, 6
o 2. Non-Litigious- oral motion, doing it
in the course of the trial – Motion for
Continuance.
o Written Manifestations – non-
litigious when you file motions before
the SC. Never set it for hearing
because said filing is not a matter of
right.
o General Rule: SC is not governed by
the Rules of Court.
o 2 Doctrines:
 1. 3-day Notice Rule – affects the
defense of the defendant.
 Adverse party must receive copy of
the motion three days before the
hearing.
 2. 10-day Setting Rule – calendar of
the Court.
 Period/point of departure is from
the time the adverse party received
the copy of the motion/ serving?
 In case of conflict, 3-day notice rule
shall prevail.
o SC: The two principles are
mandatory in character.
 Exception: If there is a conflict.
 Section 8 – Omnibus Motion Rule - All
the defense/claims must be included
Brondial Lectures
in the motion, that which you did not
include is deemed waived.
o Illustration: Rule 37- MNT – FAME or
NDE. FAME already existing at the
time you file an MNT for NDE.
 Section 9 – Motion for leave. Section
23, Rule 119 – Trial in Criminal
Procedure, Demurrer to Evidence.
o File a motion for leave, attach the
copy of a particular pleading.
o Ex.
 1. Deposition } Preceded
 2. Intervention } by motion
 3. 3 party complaint } for leave
rd
 Attach Demurrer when you file a
Motion for leave.
RULE 16 – Motion to Dismiss
 10 grounds
 Always compare with Motion to
Quash – Criminal Procedure (9
grounds) – venue is jurisdictional in
criminal cases.
 Res judicata (Section 47, Rule 39)
o 1. Barred by Prior Judgment
o 2. Conclusiveness of Judgment
o Requisites:
 1. Final judgment – executory
 2. Rendered by court of competent
jurisdiction
 3. Rendered on the merits of cases
(judgment: ex. Judgment by
default, judgment on compromise)
 4. Identity of:
 1. Subject matter – same
property
 2. Causes of action x-conclusion
of judgment
 3. Parties (same) (not absolute;
identity of interest)
Transcribed by Gean Cabrera and Ayan David
San Beda Law / UA&P Law
2016 Civil Procedure
o Final judgment means executory
judgment.
o Ex. Of conclusiveness of judgment
 Probate court – authenticity and
due execution unless parties
agreed for the court to decide on
the ownership. (no identity of
cause of action)
o Dean jara Question: FE&UD-
ownership to determine possession
(Sec. 15, Rule 70) No Res Judicata;
No conclusiveness of judgment.
 Last ground: condition precedent
o 1. Case is between members of the
same family
o 2. Barangay conciliation- not
jurisdictional (can be waived)
o 3. Exhaustion of Administrative
Remedies
Case: Peregrina vs. Panis (1970)
 G.R: All cases must pass through
Brgy. Conciliation proceedings.
 Exceptions: (Parties)
o Government officials
o Parties are juridical persons
o Parties are not residents of the
same city or municipality (Bar
Questions)
 Exception: Barangays where they
reside are adjacent to each other.
o Parties avail of provisional remedies
o When the person is accused
lawfully without a warrant.
o When a person is accused of a
crime punishable of more than 1
year Section 4, Rule 3.
 Spouse is an in-law relative.
 Family – second degree-
consanguinity, vertical line- no
limitation
Brondial Lectures
Case: Numeriano Miranda Sr. vs.
Numeriano Miranda Jr.
 The first remedy available to the
defendant. Next remedy Rule 33 –
Demurrer to Evidence. Next: Rule 37
– MNT/MR. (After judgment has been
rendered.) Last Remedy: Appeal
(Rule 40-45)
o 2 orders:
 1. Final – not necessarily final
 2. Executory- necessary final; after
all remedies are lost. Signpost is the
word “Entry”.
o 1. Rule 38 – Petition for Relief from
Judgment
o 2. Rule 47 – Annulment of Judgment
o 3. Appeal
o In between these remedies, Rule 65
can be availed of.
o Certiorari and Appeal are mutually
exclusive.
 Plaintiff’s remedies:
o 1. Rule 17
o 2. Counterclaim is concerned, the
plaintiff becomes the defendant.
Defendant’s remedies are available.
 [MEMORIZE]
 Compare it with the Motion to Quash.
 2 options of the Court when a Motion
to Dismiss is Filed:
o 1. Grant
o 2. Deny
o The court cannot defer the
resolution. Not indubitable – doubtful
 When the court grants a MD, it is a
final order – APPEALEBLE
o Denial – Interlocutory Order
o Remedy: Proceed with the case,
Appeal the judgment assigning the
errors in the Motion to Dismiss.
Transcribed by Gean Cabrera and Ayan David
San Beda Law / UA&P Law
2016 Civil Procedure
o Certiorari is exceptional. It is an
exceptional remedy. Error of
Jurisdiction.
o Appeal – Error of judgment
Case: De Guzman vs. Ochoa
RULE 17- Dismissal of Action
Section 1 – Notice of Dismissal
 Plaintiff files it asking that it should be
dismissed by notice.
 There are no grounds. The plaintiff
will be prejudiced.
 New: Notice of Dismissal is effective
only upon the order of confirmation of
the court. –First order of confirmation-
affects the notice of dismissal. –
Second order: Rule 68- Foreclosure
of Mortgage – cuts the equity of
redemption.
o Order of Preference – Rule 32 –
Commissioners
 Condition: he must not have received
yet the copy of the answer. (Rule 17,
Section 1)
 Plaintiff can re-file the case. The
dismissal is without prejudice. 2-
Dismissal Rule-2nd Dismissal is with
prejudice.
 Adjudication on the merits.
o Due to lack of jurisdiction
 The 2 dismissal rule will not apply.
 The court should have jurisdiction.
Section 2 – Dismissal by Motion
 Filed by the plaintiff.
 He files a Motion to Dismiss because
the answer of the defendant has been
served upon him.
 The dismissal is limited only to the
complaint. (Defendant interposed a
Brondial Lectures
counterclaim) Any kind of
counterclaim.
 The defendant can manifest to the
court to hear the counterclaim or if
prescriptive period lapses, he can file
it in a separate answer.
 Section 1 of Rule 9
o 1. Lack of Jurisdiction
o 2. Res judicata
o 3. Litis Pendentia
o 4. Prescription
o 5. Failure to Appeal at the
presentation of Evidence in Chief
o 6. Failure to Prosecute
o 7. Failure to Comply with the order of
the Court
o 8. Summary Procedure
 Dismissal Motu Propio. All the rest, it
must be by motion.
 Section 1 and 2 will apply to third
party complaints.
RULE 18 –Pre-Trial
 Rule 118 – Pre-Trial in Criminal
Cases
o 1. Plea Bargaining – cannot be found
in civil cases.
 Rule 18 has been amended by SC
AM:03-1-09
 Section 1 – after the last pleading –
Reply, plaintiff shall set the case,
within 5 days; otherwise, clerk of court
sets the pre-trial. (Non-litigious
motion)
 The court must refer that to the
Philippine Mediation Center (Dean
Jara) for mediation and conciliation –
Administrative Body: Mediators and
Conciliators should not be lawyers.
 If no mediation, it will be referred to
the Clerk of Court – Preliminary
Transcribed by Gean Cabrera and Ayan David
San Beda Law / UA&P Law
2016 Civil Procedure
Conference (may refer to
summary/regular procedure.)
 Marking and Identification of
Evidence – very important in
Evidence.
 Requirements: Authentication in the
Pre-trial or preliminary conference.
Non-objectionable. Objection comes
at offer of evidence.
 Continuous Trial Act – Speedy Trial
SC:03-1-09
 Amicable Settlement – None – the
judge can issue the pre-trial order –
Mandatory. If prejudicial to the right of
the accused – MNT.
 Statement: Modes of Discovery by
the Judge
 Judicial Dispute Resolution is
different from ADR (Provided by law)
o Last means for the court to settle the
matter. The Court must convince the
parties to enter into
mediation/conciliation/compromise
judicially. Otherwise, incumbent
upon the parties to have the case re-
raffled.
 The parties may manifest through
JDR that the case can be held by the
trial court. (After re-raffle) Trial
begins.
RULE 19 – Intervention
 Do not confuse it with interpleader
(Ancilliary Action)
 Intervenor must have interest in the
case – subject matter of the case -
Success of the plaintiff/defendant
o Back to Section 2, Rule 5- Parties in
interest – benefited/injured by a
judgment in the suit.
Brondial Lectures 2016 Civil Procedure

o A-B (parcel of land) X-Mortgage=  BOJ, NBI, Ombudsman

has interest  Take note of the Viatory Right – right
o Transferee is a necessary party. of a person subpoenaed to refuse to
o Complaint in Intervention is filed. attend the invitation by reason of the
o Success of Defendant – Answer in distance.
intervention  You can refuse if there is no
o Interest in Subject Matter – kilometrage expenses.
Complaint
o Motion for Leave to Intervene is RULE 22 (correlate with Rule 12)
important
 Refer to Section 9, Rule 15
 Motion for Leave must appropriate
the complaint in
intervention/Answer in Intervention.
Case: Ombudsman vs. Sison (2013) –A
judge cannot intervene
Case: Parello – You can only intervene
before judgment
 Exception: Pinlac vs. CA – Public
interest: Nullification of Several titles
of Filinvest.
 Intervention is discretionary upon the
court.
 If the rights of the intervenor can be
clearly litigated in a separate action –
Intervention is not allowed.
 Rule 110 – Intervention in CRIMPRO
– not intervention as provided for in
Rule 19.

RULE 20- Calendar of the Case

RULE 21- Subpoena
2 types:
1. Duces Tecum – Bring documents and
testify. Can be Ad testificandum.
2. Ad Testificandum – Testify only
 Come to court to testify; for purposes
of investigation.

Transcribed by Gean Cabrera and Ayan David

San Beda Law / UA&P Law