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1. GENERAL PRINCIPLES OF 2. Criminal - A criminal action is one by which

REMEDIAL LAW the State prosecutes a person for an act or
omission punishable by law
3. Special proceedings - remedy by which a
1.A. CONCEPT OF REMEDIAL LAW party seeks to establish a status, a right, or
a particular fact (Sec. 3, Rule 1).
Procedural rule
Remedial Law refers to legislation providing
means or methods whereby causes of action Procedural rule is the judicial process for
may be effectuated, wrongs redressed, and enforcing rights and duties recognized by
relief obtained. These statutes pertain to or substantive law and for justly administering
affect a remedy as distinguished from those remedy and redress for their disregard or
which affect or modify a substantive rights or infraction. It is not procedural rule if it takes
duty. (Herrera, Remedial Law Vol. I, pg.1, 2007 away vested right.
Administration of justice. It lies at the very core
of procedural due process, which means a law SUBSTANTIVE LAW REMEDIAL LAW
which hears before it condemns, which Creates, defines and Provides for the manner
proceeds upon inquiry and renders judgment regulates rights by which said right may
only after trial, and contemplates an be enforced, protected or
opportunity to be heard before judgment is redressed.
Grants vested rights Creates no vested rights
(merely a vehicle to
implement an existing
In general, procedural laws are applied right).
retrospectively because there are no vested
Generally prospective May be Retroactive in
rights in the rules of procedure, except:
in application application
Cannot be granted by Supreme Court is
1. where the statute itself or by necessary the Supreme Court. expressly empowered to
implication provides that pending actions are promulgate procedural
excepted from its operation; rules. (Art. VIII, Sec. 5
2. if applying the rule to pending proceedings [5])
would impair vested rights
3. when to do so would not be feasible or
Note: Rules of procedure are remedial in
would work injustice
nature and not substantive. They cover only
4. if doing so would involve intricate problems
rules on pleading and practice.
of due process or impair the independence
of the courts
Scope of Rules of Court SUPREME COURT

1. Civil - one by which a party sues another for The Supreme Court has the constitutional
the enforcement or protection of a right, or power to promulgate rules concerning pleading,
the prevention or redress of a wrong. It practice and procedure. (Sec. 5[5], Art. VIII,
may either be ordinary or special. Both are Constitution of the Philippines).
governed by the rules for ordinary civil
actions, subject to the specific rules The 1987 Constitution took away the power of
prescribed for a special civil action. Congress to repeal, alter, or supplement rules
concerning pleading, practice and procedure.



In fine, the power to promulgate rules of b) the merits of the case;

pleading, practice and procedure is no longer c) a cause not entirely attributable to the
shared by the Court with Congress, more so fault or negligence of the party favored
with the Executive. If the manifest intent of the by the suspension of rules;
1987 Constitution is to strengthen the d) a lack of any showing that the review
independence of the judiciary, it is inutile to sought is merely frivolous and
urge that the Court has no jurisdiction to dilatory; and
control the process of execution of its e) the other party will not be unjustly
decisions, a power conceded to it and which it prejudiced thereby (Sarmiento vs.
has exercised since time immemorial. Zaratan, G.R. No. 167471, February 5,
1.C.1. Limitations on the Rule-
Technical rules may be suspended whenever
Making Power of the Supreme the purposes of justice warrant it, such as were
Court substantial and important issues await
resolution because the courts have that power
a) The rules shall provide a simplified and to relax or suspend technical or procedural
inexpensive procedure for the speedy rules or to except a case from their operation
disposition of cases; when compelling reasons so warrant or when
b) The rules shall be uniform for courts of the the purpose of justice requires it. What
same grade; and constitutes good and sufficient cause that
c) The rules shall not diminish, increase, or would merit suspension of the rules is
modify substantive rights. (Sec. 5[5], Art. VIII, discretionary upon the courts (CIR vs. Mirant
Constitution of the Philippines). Pagbilao Corp., G.R. No. 159593, October 12, 2006).

1.C.2. Power of the Supreme Court to Compliance with the procedural rules is the
Amend and Suspend Procedural Rules general rule, and abandonment thereof should
only be done in the most exceptional
Power to Amend Rules circumstances.‖ (Pilapil vs. Heirs of Briones, G.R.
No. 150175, February 5, 2007)
The constitutional power of the Supreme Court
to promulgate rules of practice and procedure 1.D. NATURE OF PHILIPPINE
necessarily carries with it the power to overturn
judicial precedents on points of remedial law
through the amendment of the Rules of Court
1.D.1. Meaning of a Court
(Pinga vs. Heirs of Santiago, G.R. No. 170354, June
30, 2006).
A court is an organ of government belonging to
Power to Suspend Procedural Rules the judicial department the function of which is
the application of the laws to controversies
The courts have the power to relax or suspend brought before it as well as the public
technical or procedural rules or to except a administration of justice (Black‘s, 5th Edition, 356).
case from their operation when compelling
reasons so warrant or when the purpose of 1.D.1.A Court as distinguished from a
justice requires it.
1) There are, indeed, reasons which would COURT JUDGE
A tribunal officially An officer of such
warrant the suspension of the Rules, to
assembled under tribunal.
wit: authority of law.
It is being imagination A physical person
a) the existence of special or compelling comparable to a
circumstances; corporation.



COURT JUDGE 1.D.2.B. Courts of General Jurisdiction vs

An office A public officer Special jurisdiction
The court remains as The judge may resign,
such regardless of what become incapacitated Court of General Court of Limited
might happen to the or disqualified to hold
Jurisdiction or Special
judge. office
One which has the power Restricts the court‘s
1.D.2. Classification of Philippine Courts to adjudicate all jurisdiction only to
controversies which may particular cases and
1.D.2.A. Courts of Original Jurisdiction vs be brought before it subject to such
Court of Appellate jurisdiction within the legal bounds limitations as may be
of rights and remedies provided by the
Court of Original Court of Appellate except those expressly governing law.
Jurisdiction Jurisdiction withheld from its plenary (Regalado, Remedial
One which has the One which has the powers. Law Compendium, Vol.
power to take judicial authority to review the 1, 10th Ed.)
cognizance of a case final order or judgment
instituted for judicial of a lower court with the Note: A court may also be considered ‗general‘
action for the first time power to modify, if it has the competence to exercise jurisdiction
under conditions reverse, sustain, affirm over cases not falling within the jurisdiction of
provided by law (in the or remand the same. any court, tribunal, person or body exercising
first instance). judicial or quasi-judicial functions (Sec.19[6],
Sec. 20, BP 129, Judiciary Reorganization Act of
Note: Metropolitan Trial Courts, Municipal 1980). It is in this context that the Regional
Circuit Trial Courts and Municipal Trial Courts Trial Court is considered a court of general
are courts of original jurisdiction. These courts jurisdiction. (Riano, Civil Procedure, pg. 41, 2009
have no appellate jurisdiction. The Regional ed.)
Trial Court is likewise a court of original
jurisdiction with respect to cases originally filed Example of Courts of Limited Jurisdiction:
with it.
a) Family Courts (RA 8369)
The RTC is also a court of appellate jurisdiction b) Special Commercial Courts (SC Admin Matter
with respect to cases decided by the Municipal 03-03-03)
Trial Courts within its territorial jurisdiction (Sec.
22, BP 129). The Court of Appeals is primarily a 1.D.2.C. Constitutional Court vs Statutory
court of appellate jurisdiction with competence Court
to review judgments of the Regional Trial
Courts and specified quasi-judicial agencies Constitutional Court Statutory Court
(Sec. 9[3], BP 129). One which owes its Created, organized and
creation and existence to with jurisdiction
The Supreme Court is also fundamentally a the Constitution. exclusively determined
court of appellate jurisdiction but it may also be (Supreme Court) by law.
a court of original jurisdiction over cases
All other courts in the
affecting ambassadors, public ministers and
Philippines, except SC,
consuls, and in cases involving petitions for are statutory courts.
certiorari, prohibition and mandamus (Sec.5[1],
Art.VIII, Constitution of the Philippines). But the Constitutionally–Mandated Court – its existence
Supreme Court en banc is not an appellate is provided for in the Constitution but its
court to which decisions or resolutions of a creation is by statutory enactment.
division of the Supreme Court may be appealed (Sandiganbayan)
(Riano, Civil Procedure, pgs. 41-43, 2009 ed.
1.D.2.D. Courts of Law vs Court of Equity



hierarchy of courts to be followed. (Quesada

Court of Law Court of Equity vs. Department of Justice, G.R. No. 150325,
Decides a case according Adjudicates a August 31, 2006).
to what the promulgated controversy according
law is to the common When the doctrine of hierarchy of courts
precepts of what is may be disregarded
right and just without
inquiring into the  When there are special and important
terms of the statutes.
reasons therefore, clearly and specifically
set out in the petition (Lim vs. Vianzon, G.R.
Note: Our courts are both courts of law and No. 137187, August 3, 2006) such as cases of
equity, they are not powerless to determine a national interest and of serious
factual matter in accordance with both implications, justify the availment of the
standards. (FF Manacop vs. CA, G.R. No. 122196 extraordinary remedy of writ of certiorari,
January 15, 1997)
prohibition, or mandamus calling for the
exercise of its primary jurisdiction
1.D.3. Principle of Judicial Hierarchy (Springfield Development Corporation vs. RTC of
Misamis Oriental, G.R. No. 142628, February 6,
The judicial system follows a ladderized scheme 2007).
which in essence requires that lower courts
initially decide on a case before it is considered 1.D.4. Doctrine of Non-Interference or
by a higher court. Specifically, under a judicial Doctrine of Judicial Stability
policy recognizing the hierarchy of courts, a
higher court will not entertain direct resort to it This principle holds that courts of equal and
unless the redress cannot be obtained in the coordinate jurisdiction cannot interfere with
appropriate courts (Santiago vs. Vasquez, 217 each other‘s orders (Lapu-lapu Development and
SCRA 167). Housing Corporation vs. Group Management
Corporation, 388 SCRA 493). This principle also
 Thus, while it is true that the issuance of a bars a court from reviewing or interfering with
Writ of Prohibition under Rule 65 of the the judgment of a co-equal court over which it
Rules of Court is within the jurisdiction of has no appellate jurisdiction or power of review
the Supreme Court, a petitioner cannot (Villamor vs. Salas, 203 SCRA 540).
seek relief from the Supreme Court where
the issuance of such writ is also within the  Hence, a Regional Trial Court has no power
competence of the Regional Trial Court or or authority to nullify or enjoin the
the Court of Appeals. The Supreme Court is enforcement of a writ of possession issued
a court of last resort. It cannot and should by another Regional Trial Court (Suico
not be burdened with the task of deciding Industrial Corporation vs. CA, 301 SCRA 212).
cases in the first instance. Its jurisdiction to
issue extraordinary writs should be  The doctrine of non-interference applies
exercised only where absolutely necessary with equal force to administrative bodies.
or where serious and important reasons When the law provides for an appeal from
exist (Purok Bagong Silangan vs. Yuipco, G.R. the decision of an administrative body to
No. 135092, May 4, 2006). the Supreme Court or Court of Appeals, it
means that such body is co-equal with the
 This concurrence of jurisdiction among the Regional Trial Court in terms of rank and
Supreme Court, Court of Appeals and statute, and logically beyond the control of
Regional Trial Courts in certain cases the latter (Philippines Sinter Corporation vs.
should not be construed as giving to Cagayan Electric Power and Light Co., Inc., 381
parties unrestrained freedom of choice of SCRA 582).
the court to which application therefore will
be directed. There is a principle of



General Rule: Doctrine of Non-Interference or 3. Delegated Jurisdiction – The grant of

Doctrine of Judicial Stability must be observed. authority upon a lower court (MTC) to
hear or determine a case not originally
Exception: This principle does not apply under its jurisdiction. The Supreme Court
where a third party claimant is involved, who may assign an MTC to hear and
may vindicate his claim. (Manliguez v. CA, G.R. determine cadastral or land registration
No. 92598, May 20, 1994). cases covering lots where there is no
controversy or opposition, or in case of
2. GENERAL PRINCIPLES ON contested lots where the value of which
JURISDICTION does not exceed P100,000. On this
special case, appeal is to the Court of
Appeals and not to the RTC.
4. Special Jurisdiction – The Jurisdiction
of the MTC to take cognizance of
Jurisdiction is the power and authority of a petitions for (i) Bail and (ii) Habeas
court to hear, try and decide a case and to Corpus in cases of the absence of RTC
carry its judgment into effect. judges.
 Jurisdiction is determined by the allegation Note: Not in the absence of Regional
of the parties in the complaint, not in the Trial Courts, but only of the judges
answer. (Padlan vs Dinglasan, G.R. No. therein.
180321; March 20, 2013)
b. As to Nature of Cause
Judicial Power
1. Original Jurisdiction – Power of the
It is the duty of the courts of justice to settle court to take judicial cognizance of a
actual controversies involving rights which are case instituted for judicial action for the
legally demandable and enforceable, and to first time under conditions provided by
determine whether or not there has been grave law.
abuse of discretion amounting to lack or excess 2. Appellate Jurisdiction – Authority of a
of jurisdiction on the part of any branch or court higher in rank to re-examine the
instrumentality of the government (Sec.1, Article final order or judgment of a lower court
VIII, 1987 Constitution) which tried the case now elevated for
judicial review.
Aspects of jurisdiction
1. jurisdiction over the subject matter c. As to Nature and Extent of Exercise
2. jurisdiction over the parties 1. Exclusive Jurisdiction – Power to
3. jurisdiction over the issues of the case adjudicate a case or proceeding to the
4. Jurisdiction over the res or property in exclusion of all other courts at that
litigation. stage.
2. Concurrent Jurisdiction – Power
Classification of jurisdiction: conferred upon 2 or more courts of
different levels, to exercise original
a. As to Cases Tried jurisdiction over particular case or
1. General Jurisdiction – Power to subject matter.
adjudicate all controversies except those
expressly withheld from the plenary Note: Concurrent jurisdiction applies
powers of the court. only to original and not appellate. In
2. Limited Jurisdiction – Power of the appeals, there is only one court that has
court is limited to particular cases, as jurisdiction.
may be provided by the governing law.



d. As to Situs 1. The conclusion is grounded on

speculations, surmises or conjectures.
1. Territorial Jurisdiction – Exercised 2. The inference is manifestly mistaken,
within the geographical limits of the absurd or impossible.
place where the court is located. 3. There is grave abuse of discretion.
2. Extra-Territorial Jurisdiction – 4. The judgment is based on a
Exercised beyond the confines of the misapprehension of facts.
territory where the court is located. 5. The findings of fact are conflicting.
6. There is no citation of specific evidence on
2.A. JURISDICTION OF COURTS which the factual findings are based.
7. The findings of absence of facts are
2.A.1. Supreme Court contradicted by the presence of evidence
on record.
Exclusive original 8. The findings of the Court of Appeals are
contrary to those of the trial court;
Petitions for the issuance of writs of certiorari, 9. The Court of Appeals manifestly overlooked
prohibition and mandamus, Quo warranto, and certain relevant and undisputed facts that,
Habeas Corpus (CPMQH) against the following: if properly considered, would justify a
different conclusion.
a) Court of Appeals; 10. The findings of the Court of Appeals are
b) Commission on Elections; beyond the issues of the case; and
c) Commission on Audit; 11. Such findings are contrary to the
d) Sandiganbayan; admissions of both parties. (Reyes vs.
e) Court of Tax Appeals en banc Montemayor, 598 SCRA 61; Bicol Agro-Industrial
Producers Cooperative, Inc. (BAPCI) vs. Obias,
Appellate 603 SCRA 173; Heirs of Domingo Hernandez, Sr.
vs. Mingoa, Sr., 608 SCRA 394)
A. Appeal by Notice of Appeal
B. Appeal by Petition for Review on
From the RTC or the Sandiganbayan in all Certiorari
criminal cases in which the penalty imposed is
reclusion perpetua or higher, and those 1. Appeals from the CA (Rule 45).
involving other offenses which, although not so 2. Appeals from the Sandiganbayan on
punished, arose out of the same occurrence or pure questions of law. In cases where
which may have been committed by the the penalty imposed is reclusion
accused on the same occasion, as that giving perpetua, life imprisonment or death,
rise to the more serious offense, regardless of questions of fact may likewise be
whether the accused are charged as principals, entertained.
accomplices or accessories, or whether they 3. Appeals from the RTC exercising
have been tried jointly or separately. The SC original jurisdiction in the following
generally reviews only questions of law are cases:
decided by the court a quo. 4. If no question of fact is involved and
the case involves:
General Rule: When supported by substantial
evidence, the findings of fact of the CA are a) Constitutionality or validity of any
conclusive and binding on the parties and are treaty, international or executive
not reviewable by the SC. agreement, law, presidential
decree, proclamation, order,
Exceptions: Questions of fact are decided instruction, ordinance, or
only on the following instances: regulation is in question.



b) Legality of any tax, impost, SC with the CA and RTC

assessment, or toll, or any penalty
imposed in relation thereto. 1) Petitions for habeas corpus and quo
c) Jurisdiction of lower court is in 2) Petitions for writs of certiorari, prohibition
issue. and mandamus against lower courts or
Note: If, in addition to abovementioned cases, 3) Petition for writ of amparo
questions of fact and law are involved, the 4) Petition for writ of habeas data
aggrieved party shall appeal to the CA which 5) Petition for writ of kalikasan
final judgment may be reviewed, reversed,
modified or affirmed by the SC on writ of SC with the RTC
Action affecting ambassador, other public
d) All cases in which only errors or questions ministers and consuls.
of law are involved.
2.A.2. Court of Appeals and Court of Tax
Questions or errors of law only as decided or Appeals
committed by the lower courts.
Court of Appeals
Even questions of facts can be raised on appeal
in Writ of Amparo, Writ of Habeas Data, and Exclusive original
Writ of Kalikasan.
Actions for annulment of judgments of the RTC
Concurrent Jurisdiction on the grounds of extrinsic fraud and lack of
jurisdiction (Rule 47)
SC with the Court of Appeals (CA)
Petitions for certiorari, prohibition and
mandamus against the following: Appeal by Notice of Appeal or record on
appeal (ordinary appeal)
1) RTC
2) National Labor Relations Commission; 1) Appeals from the judgments of the RTC in
3) Civil Service Commission; and the exercise of its original jurisdiction,
4) other Quasi-Judicial Agencies. except in all cases where only questions of
law are involved, which are appealable to
SC with the Sandiganbayan (SB) the SC by petition for review on certiorari
under Rule 45 (See Supreme Court, II-C[3a-
Petitions for mandamus, prohibition, certiorari, b] above)
habeas corpus, injunction, and other ancillary 2) Appeals from the RTC on constitutional, tax
writs and processes in aid of its appellate and jurisdictional questions which involve
jurisdiction and over petitions of similar nature, questions of fact.
including quo warranto, arising or that may 3) Appeal from decisions and final orders of
arise in cases filed or which may be filed under the Family Courts. (R.A. 8369)
E.O. Nos. 1, 2, 14 and 14-A, issued in 1986
(Sequestration of ill-gotten wealth by Pres. Marcos, Appeal by Petition for Review
his Family and friends)
An appeal may be taken to the CA whether it
SC with the SB, CA and RTC involves questions of fact, mixed questions of
fact and law, or questions of law, in the
Petition for writ of amparo and petition for writ following cases:
of habeas data.



Regular (Rule 42) 7. Decisions of the Secretary of Trade and

Industry, in the case of nonagricultural
Appeals in cases decided by the RTC in the product, commodity or article, and the
exercise of its appellate jurisdiction Secretary of Agriculture in the case of
agricultural product, commodity or article,
Special (Rule 43) involving dumping and countervailing
duties under the Tariff and Customs Code.
Appeals from the CSC, Awards, judgments,
final orders or resolutions of or authorized by Jurisdiction over criminal offenses as
quasi-judicial agencies in the exercise of their herein provided:
quasi-judicial functions.
 Exclusive Original jurisdiction over cases
Court of Tax Appeals involving criminal offenses over all criminal
offenses arising from violations of the NIRC
Exclusive appellate jurisdiction to review by or Tariff and Customs Code and other laws
appeal, on: administered by the BIR or the Bureau of
Customs, where the principal amount of
1. Decisions of CIR in disputed assessments, taxes and fees, exclusive of charges and
refunds, or other matters arising under the penalties, claimed is at least One million
NIRC or other laws administered by the pesos (P1,000,000.00), or where there is a
BIR; specified amount claimed.
2. Inaction by the CIR involving matters in (a)
above, where the NIRC provides a specific Exclusive appellate jurisdiction in
period of action, in which case the inaction criminal offenses:
shall be deemed a denial.
 Over appeals from the judgments RTC in
Note: Sec. 3, Rule 4, of the CTA Rules tax cases originally decided by them
(A.M. No. 05-11-07-CTA) added, that an  Over petitions for review of the judgments
appeal in case of inaction shall be deemed RTC in the exercise of their appellate
a denial ―for purposes of allowing the jurisdiction over tax cases originally
taxpayer to appeal his case to the CTA and decided by the MTC
does not necessarily constitute a formal
decision of the Commissioner of Internal Jurisdiction over tax collection cases as
Revenue on the tax case‖ herein provided:

3. Decisions of RTC in local tax cases  Exclusive original jurisdiction in tax

originally decided or resolved by them collection cases involving final and
4. Decisions of the Commissioner of Customs executory assessments for taxes, fees,
in cases involving liability for customs charges and penalties when the amount is
duties at least than One million pesos
5. Decisions of the Central Board of (P1,000,000.00).
Assessment Appeals in the exercise of its
appellate jurisdiction over cases involving
the assessment and taxation of real
property originally decided by the provincial Exclusive appellate jurisdiction in tax
or city board of assessment appeals collection cases:
6. Decisions of the Secretary of Finance on
customs cases elevated to him 1. Over appeals from the judgments RTC in tax
automatically for review from cases originally decided by them
Commissioner of Customs which are 2. Over petitions for review of the judgments
adverse to the Government RTC in the exercise of their appellate



jurisdiction over tax cases originally decided appeal from the decision of the trial court
by the MTC (R.A. 9282, Sec. 7, promulgated in the same case. It is more in
March 30 2004) consonance with logic and legal
soundness to conclude that the grant
Note: In criminal offenses involving an amount of appellate jurisdiction to the CTA
less than one million pesos, the RTC or MTC over tax cases filed in and decided by
shall have jurisdiction. As to whether the case the RTC carries with it the power to
falls under RTC or MTC depends on B.P. 129 as issue a writ of certiorari when
amended, i.e. length of imprisonment, and NOT necessary in aid of such appellate
the amount involved. In other words, where jurisdiction. The supervisory power or
the criminal offense is punishable with jurisdiction of the CTA to issue a writ of
imprisonment not exceeding six (6) years certiorari in aid of its appellate jurisdiction
irrespective of the amount of fine, and should co-exist with, and be a complement
regardless of other imposable accessory or to, its appellate jurisdiction to review, by
other penalties, including the civil liability appeal, the final orders and decisions of
arising from such offenses or predicated the RTC, in order to have complete
thereon, irrespective of kind, nature, value, or supervision over the acts of the latter. A
amount thereof, the MTC has jurisdiction (Sec. grant of appellate jurisdiction implies that
32(2), B.P. 129 as amended). Otherwise, RTC has there is included in it the power necessary
jurisdiction (Sec. 20, B.P. 129 as amended) to exercise it effectively, to make all orders
that will preserve the subject of the action,
Splitting of Jurisdiction and to give effect to the final determination
of the appeal. It carries with it the power
CTA has jurisdiction over a special civil action to protect that jurisdiction and to make the
for certiorari assailing an interlocutory order decisions of the court thereunder effective.
issued by the RTC in a local tax case. The court, in aid of its appellate
jurisdiction, has authority to control all
 The power of the CTA includes that of auxiliary and incidental matters necessary
determining whether or not there has been to the efficient and proper exercise of that
grave abuse of discretion amounting to lack jurisdiction. (City of Manila vs. Judge Caridad
or excess of jurisdiction on the part of the Cuerdo, G.R. No. 175723, February 4, 2014)
RTC in issuing an interlocutory order in
cases falling within the exclusive appellate 2.A.3. Sandiganbayan
jurisdiction of the tax court. Indeed, in (Sec. 4, R.A. 8249, promulgated Feb 5, 1997)
order for any appellate court to effectively
exercise its appellate jurisdiction, it must Sandiganbayan is not a constitutional court,
have the authority to issue, among others, it is a constitutionally mandated court created
a writ of certiorari. X x x To rule otherwise by law as required by the Constitution.
would lead to an absurd situation where
one court decides an appeal in the main Exclusive original
case while another court rules on an
incident in the very same case. X x x It Note: The uniqueness in the jurisdiction of the
would be somewhat incongruent with Sandiganbayan is that it is determined by three
the pronounced judicial abhorrence to (3) factors, embodied in the following
split jurisdiction to conclude that the questions:
intention of the law is to divide the
authority over a local tax case filed with 1. What was the crime committed?
the RTC by giving to the CA or this Court 2. Who committed the offense?
jurisdiction to issue a writ of certiorari 3. How was the crime committed?
against interlocutory orders of the RTC but
giving to the CTA the jurisdiction over the



What are the crimes committed? AMIBEF 6. City and Provincial prosecutors and their
assistants, and officials and prosecutors in
1. Violations of R.A. 3019, Anti Graft and the Office of the Ombudsman and special
Corrupt Practices Act prosecutor.
2. R.A. 1379 (on Ill-gotten wealth), 7. Presidents, directors or trustees, or
3. Executive Orders issued against Marcoses managers of government-owned or
Wealth (EO Nos. 1, 2, 14 and 14-A) controlled corporations, state universities
4. Chapter II, Section II, Title VII, of Book II or educational institutions or foundations.
of the Revised Penal Code (Bribery), and
5. Other offenses or felonies, whether simple Note: The salary grade ―27‖ requirement
or complexed with other crimes, committed does NOT apply if the officer involved is
in relation to office. (Estafa, Falsification of any of those enumerated in VII above- not
Document,Plunder) intended to be salary graded (Hannah
Serrana vs. Sandiganbayan, January 28, 2008)
Note: Civil and criminal cases filed pursuant to
and in connection with E.O. Nos. 1, 2, 14 and 8. Members of Congress and officials thereof
14-A (Sequestration cases), issued in 1986, as classified as Grade ―27‖ and up under the
filed by PCGG Compensation and Position Classification
Act of 1989
Who committed the offense? 9. Members of the Judiciary without prejudice
to the provisions of the Constitution.
Where one or more of the accused are officials 10. Chairmen and members of Constitutional
occupying the following positions in the Commissions, without prejudice to the
government, whether in a permanent, acting or provisions of the Constitution.
interim capacity, at the time of the commission 11. All other national and local officials
of the offense. classified as Grade ―27‖ and higher under
the Compensation and Position
Officials of the executive branch occupying the Classification Act of 1989.
positions of Regional Director and higher,
otherwise classified as grade ―27‖ and higher, How was the crime committed?
of the Compensation and Classification Act of
1989 (R.A. No. 6758), specifically including: In criminal cases, Sandiganbayan shall have
original jurisdiction where there are specific
1. Provincial Governors, Vice-Governors, allegations of facts showing that the offense
Members of the Sangguniang Panlalawigan, was committed in relation to their office,
and Provincial Treasurers, Assessors, otherwise, regular courts shall take cognizance
Engineers, and other Provincial Department in accordance to their vested jurisdictions.
2. City Mayors, Vice-Mayors, Members of the Appellate
Sangguniang Panlungsod, city treasurers,
assessors, engineers and other city From the Regional Trial Courts in cases under
department heads. P.D. 1606, as amended by P.D. 1861, R.A.
3. Officials of the diplomatic service occupying 7975 and R.A. 8294, whether or not the cases
the position of consul or higher were decided by them in the exercise of their
4. Philippine army and air force colonels, original or appellate jurisdictions. (Regalado,
naval captains, and all officers of Remedial Law Compendium, Vol. II, p. 277)
higher ranks.
5. Officers of the Phi. Nat‘l. Police while Appeal from final judgments, resolutions or
occupying the position of provincial director orders of regular courts where all the accused
and those holding the rank of senior are occupying positions lower than Salary
superintendent or higher. Grade 27 or are not otherwise covered by
Sec.1(A) subsection 1 above.



5. General Jurisdiction: Cases not within the

 More importantly, the Sandiganbayan is a exclusive jurisdiction of any court, tribunal,
special criminal court which has exclusive person or body exercising judicial or quasi-
original jurisdiction in all cases involving judicial functions.
violations of R.A. 3019 committed by 6. All other cases where demand (exclusive of
certain public officers, as enumerated in interest, damages of whatever kind,
P.D. 1606 as amended by R.A. 8249. This attorney‘s fees, litigation expenses, and
includes private individuals who are costs), or the value of the property in
charged as co-principals, accomplices or controversy, exceeds P300,000 or exceeds
accessories with the said public officers. In P400,000 in Metro Manila.
the instant case, respondent is being
charged for violation of Section 3(g) of R.A. Note: If the claim for damages is the main
3019, in conspiracy with then Secretary cause of action, amount thereof shall be
Enrile. Ideally, under the law, both considered in determining the jurisdiction
respondent and Secretary Enrile should of the court.
have been charged before and tried jointly
by the Sandiganbayan. However, by reason 7. Actions and special proceedings falling
of the death of the latter, this can no within the exclusive original jurisdiction of
longer be done. Nonetheless, for reasons Juvenile and Domestic Relations Court and
already discussed, it does not follow that Court of Agrarian Relations.
the SB is already divested of its jurisdiction
over the person of and the case involving Incapable of Pecuniary Estimation: the claim
herein respondent. To rule otherwise would or the issue cannot be reduced inot an amount.
mean that the power of a court to decide a
case would no longer be based on the law Examples:
defining its jurisdiction but on other factors, a. Annulment or rescission of contract;
such as the death of one of the alleged b. Specific performance;
offenders. (People of the Philippines vs. Henry c. Cancellation of title – the ultimate relief is
T. Go, G.R. No. 168539, March 25, 2014) the cancellation of the title, the subject is
only the title itself; this is different from
2.A.4. Regional Trial Courts actions involving title to, or possession of,
real property, the jurisdiction of which may
Exclusive original be determined by the assessed value;
Civil cases d. Cancellation of mortgage.

1. Actions in which the subject of the litigation Ruby Shelter case - initially assessed by the
is incapable of pecuniary estimation. clerk of court as incapable of pecuniarty
2. Actions which involve the title to, or estimation. Later on, it was determined that
possession of real property, or any interest the ultimate result of the case is that title
therein, where the assessed value of the would pass on, not merely for recovery of title
property involved exceeds P20,000 or (document), but the title to the property itself
exceeds P50,000 in Metro Manila, except (ownerhip). The RTC then assessed filing fees.
actions for forcible entry into and unlawful CA sustained the RTC. The Supreme Court
detainer. sustained RTC and CA. The petitioner‘s
3. Admiralty and maritime jurisdiction where complaint involved not only the annulment of
the demand or claim exceeds P300,000 or the deed of sale but also the recovery of the
exceeds P400,000 in Metro Manila. real properties identified in the documents. In
4. Matters of probate, both testate and other words, the objective of the petitioner in
intestate, where the gross value of the filing the case were to cancel the deed and
estate exceeds P300,000 or exceeds ultimately to recover possession. The value of
P400,000 in Metro Manila. the property determines the filing fees.



Criminal cases: Code";

2) Petitions for guardianship, custody of
Cases not within the exclusive jurisdiction of children, habeas corpus in relation to the
any court, tribunal or body (Sec. 20, B.P. 129), latter;
such as those: 3) Petitions for adoption of children and the
revocation thereof;
1. Where the penalty provided by law exceeds 4) Complaints for annulment of marriage,
6 years imprisonment irrespective of the declaration of nullity of marriage and those
fine. relating to marital status and property
2. Under (a) above not falling under the relations of husband and wife or those
original jurisdiction of the Sandiganbayan living together under different status and
3. Where the only penalty provided by law is a agreements, and petitions for dissolution of
fine exceeding P4,000 (Adm. Cir. 09-94) conjugal partnership of gains;
4. Libel (Article 360, Revised Penal Code) 5) Petitions for support and/or
 The acts or omissions of a judge may 6) Summary judicial proceedings brought
well constitute at the same time both a under the provisions of Executive Order No.
criminal act and an administrative 209, otherwise known as the "Family Code
offense. X x x Trial courts retain of the Philippines";
jurisdiction over the criminal aspect of 7) Petitions for declaration of status of
offenses committed by justices of children as abandoned, dependent or
appellate courts and judges of lower neglected children, petitions for voluntary
courts. (Office of the Court Administrator vs. or involuntary commitment of children; the
Sardido, A.M. No.MTJ-01-1370. April 25, suspension, termination, or restoration of
2003) parental authority and other cases
cognizable under Presidential Decree No.
Appellate 603, Executive Order No. 56, Series of
1986, and other related laws.
Cases decided by the M.T.C., MeTC, and MCTC 8) Petitions for the constitution of the family
in their respective territorial jurisdictions except home.
decisions of lower courts in the exercise of 9) Cases against minors cognizable under the
delegated jurisdiction. Dangerous Drugs Act, as amended;
10) Violations of Republic Act No. 7610,
2.5.1. Family Courts (RA 8369, Sec. 5) otherwise known as the "Special Protection
of Children Against Child Abuse,
The Family Courts shall have exclusive original Exploitation and Discrimination Act," as
jurisdiction to hear and decide the following amended by Republic Act No. 7658; and
Cases of domestic violence against:
1) Criminal cases where one or more of the
accused is below eighteen (18) years of 1. Women - which are acts of gender based
age but not less than nine (9) years of age violence that results, or are likely to result
or where one or more of the victims is a in physical, sexual or psychological harm or
minor at the time of the commission of the suffering to women; and other forms of
offense: Provided, That if the minor is physical abuse such as battering or threats
found guilty, the court shall promulgate and coercion which violate a woman's
sentence and ascertain any civil liability personhood, integrity and freedom
which the accused may have incurred. The movement; and
sentence, however, shall be suspended 2. Children - which include the commission of
without need of application pursuant to all forms of abuse, neglect, cruelty,
Presidential Decree No. 603, otherwise exploitation, violence, and discrimination
known as the "Child and Youth Welfare



and all other conditions prejudicial to their 8. Small Claims Cases (A.M. No. 08-8-7-SC)
development. where the value of the demand does not
exceed P200,000 (effective February 1, 2016).
Special Provisional Remedies:
Note: Demand for money excludes
Restraining order against the accused or interest, damages of whatever kind,
defendant upon verified application in cases of attorney‘s fees, litigation expenses, and
violence among the family members living in costs, which amount must be specifically
the same domicile/household. alleged. The said exclusions are included
in determining filing fees.
Court may order the temporary custody of
children in all civil actions for their custody, In cases where the claim for damages is the
support pendete lite, including deduction from main cause of action, or one of the causes of
the salary, and use of conjugal home and other action, the amount of such claim shall be
properties in civil actions for support. considered in determining jurisdiction.

Note: The Family Courts are creations of law, Except in cases falling within the
as distinguished from Special Commercial exclusive original jurisdiction of the RTC
Courts and Intellectual Property Courts which and of the Sandiganbayan
are created by Supreme Court issuances.
1) Violations of the city or municipal
ordinances committed within their
2.A.6. Metropolitan Trial Courts/ respective territorial jurisdiction.
Municipal Trial Court 2) Offenses punishable with imprisonment not
exceeding 6 years irrespective of the
Exclusive original amount of fine, and regardless of other
imposable accessory or other penalties,
1. Actions involving personal property whose including the civil liability arising from such
value does not exceed P300,000 or does offenses or predicated thereon, irrespective
not exceed P400,000 in Metro Manila; of kind, nature, value or amount thereof.
2. Probate proceedings, both testate and 3) Offenses under (b) above including those
intestate, where the gross value of the not falling within the exclusive original
estate does not exceed P300,000 or does jurisdiction of the Sandiganbayan where
not exceed P400,000 in Metro Manila; none of the accused are occupying
3. Actions involving title to or possession of positions corresponding to salary grade
real property, or any interest therein where ―27‖ and higher.
the assessed value or interest therein does 4) Offenses involving damage to property
not exceed P20,000 or does not exceed through criminal negligence.
P50,000 in Metro Manila; 5) In cases where the only penalty provided
4. Admiralty and maritime cases where the by law is a fine of not more than Php
demand or claim does not exceed P300,000 4,000.00. (Adm. Cir. 09-94)
or does not exceed P400,000 in Metro 6) Cases covered by the Rule on Small Claims.
Manila; 7) Cases covered by the Rules on Summary
5. Inclusion and exclusion of voters (B.P. 881, Procedure.
Sec. 138);
6. Provisional remedies in principal actions In Civil Cases
within their jurisdiction;
7. All demand for money not exceeding Forcible Entry and Unlawful detainer
P400,000 in Metro Manila;
1. Irrespective of the amount of damages or
unpaid rentals sought to be recovered.



2. Jurisdiction to resolve issue of ownership to Note: The decisions of the Shari'a Appellate
determine only the issue of possession. Court shall be final and executory. Nothing
3. All other cases, except probate herein contained shall, however, affect the
proceedings, where total claim does not original and appellate jurisdiction of the
exceed P100,000 or does not exceed Supreme Court, as provided in the Constitution.
P200,000 in Metro Manila (A.M. No. 02-11-09 (Sec. 10, Art. VIII, R.A. 9054)
SC effective Nov. 25, 2002)
Shari'a District Court
In Criminal Cases
1. All cases involving custody, guardianship,
1. Violations of traffic laws, rules and legitimacy, paternity and filiation arising
regulations; under Presidential Decree No. 1083;
2. Rental Law violations; 2. All cases involving disposition, distribution
3. Violations of city or municipal ordinances; and settlement of the estate of a deceased
4. Violations of B.P.22 (Bouncing Checks Law); Muslim, probate of wills, issuance of letters
(A.M. No.00-11-01-SC effective April 15, 2003); of administration or appointment of
5. All other criminal cases where the penalty administrators or executors regardless of
is imprisonment not exceeding 6 months the nature or the aggregate value of the
and/or P1,000 fine irrespective of other property;
penalties or civil liabilities arising there 3. Petitions for declaration of absence and
from; death and for cancellation and correction of
6. Offenses involving damage to property entries in the Muslim Registries mentioned
through criminal negligence where the in Title VI, Book Two of Presidential Decree
imposable fine is not exceeding P10,000. No. 1083;
4. All actions arising from customary contracts
Note: Cases filed by the parties after failure to in which the parties are Muslims, if they
reach an amicable settlement in barangay have not specified which law shall govern
conciliation proceedings are tried by the MTC in their relations;
the exercise of its original jurisdiction. 5. All petitions for mandamus, prohibition,
injunction, certiorari, habeas corpus, and
2.A.7. Shari‟a Courts all auxiliary writs and processes in aid of its
appellate jurisdiction;
In general, the Shari'a courts shall have
jurisdiction over cases involving personal, Shari'a Circuit Court
family and property relations, and commercial
transactions, in addition to their jurisdiction 1. All cases involving offenses defined and
over criminal cases involving Muslims. (Source: punished under Presidential Decree No.
Secs.5, 9 and 10, Art. VIII, R.A. 9054) 1083;
2. All civil actions and proceedings between
Shari'a Appellate Court parties who are Muslims or have been
married in accordance with Article 13 of
1. Exercise original jurisdiction over petitions Presidential Decree No. 1083 involving
for certiorari, prohibition, mandamus, disputes relating to:
habeas corpus, and other auxiliary writs
and processes only in aid of its appellate a. Marriage;
jurisdiction; and, b. Divorce recognized under Presidential
2. Exercise exclusive appellate jurisdiction Decree No. 1083;
over all cases tried in the Shari'a district c. Betrothal or breach of contract to
courts as established by law. (Sec. 9, Art. marry;
VIII, R.A. 9054) d. Customary dowry.



e. Disposition and distribution of property cognizable under Presidential Decree No.

upon divorce. 603, Executive Order No. 56, and other
f. Maintenance and support, and related laws
consolatory gifts and 8. Petitions for the constitution of the family
g. Restitution of marital rights. home
9. Cases against minors cognizable under the
All cases involving disputes relative to Dangerous Drugs Act, as amended
communal properties. 10. Violations of Republic Act No. 7610 as
amended by R.A. no. 7658
Concurrent jurisdiction of the Shari'a 11. Cases of domestic violence against women
District Court with the Circuit Court: and children

1. Petitions by Muslims for the constitution of Shari‟a Courts

the family home, change of name and
commitment of insane person to any In general, all cases involving personal, family
asylum; and property relations, and commercial
2. All other personal and real actions not transactions, in addition to their jurisdiction
mentioned in paragraph 1(d) wherein the over criminal cases involving Muslims.
parties involved are Muslims except those
for forcible entry and unlawful detainer Court of Tax Appeals (CTA)
which shall fall under the exclusive original
jurisdiction of the Municipal Circuit Courts; 1. Decision or inaction by the CIR
and 2. Decision of RTC in local tax cases
3. All special civil actions for interpleader or 3. Decisions involving liability for customs
declaratory relief where the parties are duties
Muslims or the property involved belongs 4. Decision of Central Board of Assessment
exclusively to a Muslim. Appeals over cases involving the
assessment and taxation of real property
Summary of Jurisdiction Over the Subject 5. Decisions of Secretary of Finance on
Matter customs cases elevated to him
automatically for review
Family Courts: 6. Decisions of Secretary of Trade and
Industry involving Tariff and Customs code
1. Criminal cases where one or more of the of non-agricultural products
accused is a minor 7. Decisions of Secretary of Agriculture
2. petitions for guardianship, custody of involving Tariff and Customs code of non-
children, habeas corpus in relation to the agricultural products
3. petitions for adoption of children and the Sandiganbayan
revocation thereof
4. All cases involving marriage 1. Violations of R.A. 3019,
5. Petitions for support and/or 2. R.A. 1379 (on ill-gotten wealth),
acknowledgment 3. Chapter II, Section II, Title VII, of Book II
6. Summary judicial proceedings brought of the Revised Penal Code (Bribery), and
under the Family Code 4. Other offenses or felonies, whether simple
7. Petitions for declaration of status of or complexed with other crimes, committed
children as abandoned, dependent or in relation to office. Ex:
neglected children, petitions for voluntary 5. Estafa (Hannah Serrana vs. SB, G.R. No.
or involuntary commitment of children; the 162059, January 22, 2008)
suspension, termination, or restoration of 6. Falsification of Document (Garcia vs. SB, 603
parental authority and other cases SCRA)
7. Plunder (R.A. 7080, Sec. 3)



8. Civil and criminal cases filed pursuant to f) City and Provincial prosecutors and
and in connection with E.O. Nos. 1,2, 14 their assistants, and officials and
and 14-A (Sequestration cases), issued in prosecutors in the Office of the
1986, as filed by PCGG Ombudsman and special prosecutor.
9. One or more of the accused national and g) Presidents, directors or trustees, or
local official is classified as Grade ―27‖ or managers of GOCC, state universities
higher; or or educational institutions or
10. Regardless of the salary grade, any of the foundations.
a) Provincial Department Heads. Court of Appeals: Annulment of Judgment
b) City department heads. under Rule 47
c) diplomatic service officials who are
consul or higher Supreme Court:
d) Philippine army and air force colonels, Certiorari Prohibition Mandamus Quo warranto
naval captains, and all officers of Habeas Corpus PMQH over 5 agencies, to wit:
higher ranks. 1) Court of Appeals
e) Officers of the PNP who are either 2) Court of Tax Appeals en banc
provincial director, senior 3) Sandiganbayan
superintendent, or higher. 4) Commission on Audit (under Rule 64)
5) Commission on Elections (under Rule 64)

SC and CA SC and SB SB, CA, and RTC SC AND RTC
and RTC

Petitions for Petitions for Petition for writ of 1.Petitions for Action affecting
certiorari, mandamus, amparo and petition habeas corpus and ambassador, other
C prohibition and prohibition, certiorari, for writ of habeas quo warranto; public ministers and
O mandamus habeas corpus, data. consuls.
N against the injunction, and other 2. Petitions for writs
C following: ancillary writs and of certiorari,
U processes in aid of its prohibition and
R RTC and lower appellate jurisdiction mandamus against
R courts; and over petitions of lower courts or
E similar nature, bodies;
N National Labor including quo
T Relations warranto, arising or 3. Petition for writ of
Commission; that may arise in amparo;
J cases filed or which
U Civil Service may be filed under 4. Petition for writ of
R Commission; E.O. Nos. 1, 2, 14 habeas data.
I and 14-A, issued in
S Quasi-Judicial 1986 (Sequestration
D Agencies. of ill-gotten wealth by
I Pres. Marcos, his
C Family and friends)



C o u r t

Commissi COMELE Sandiganbayan CTA en

on on C
Appellate Court
Court of Appeals P.D.
1861 Local Tax
R.A. Cases,
7975 Criminal tax
District R.A.
All cases
Shari’ah Court others 8294

CSC and other Quasi-

Family Regional Trial Courts
judicial agencies listed
in Rule 43 Sec. 1 Courts

Municipal Trial Courts, Metropolitan Trial Courts,

Municipal Circuit Trial Courts,
Circuit Shari’ah Municipal Trial Courts in cities



2.B. JURISDICTION OVER THE d) When the parties jointly submit a

PARTIES compromise agreement for approval of
the court;
2.B.1. How Jurisdiction Over the Person e) When defendant files an answer to the
of the Plaintiff is Acquired contempt charge;
f) When defendant files a petition for
Acquired when the plaintiff files the complaint. certiorari without questioning the court‘s
By seeking affirmative relief through the jurisdiction over his person (Navale vs. CA,
253 SCRA 705).
complaint, there is an implied submission of
the plaintiff‘s person to the jurisdiction of the
In criminal cases, the court acquire jurisdiction
over the person of the accused by:
a) Arrest;
2.B.1. How Jurisdiction Over the Person
b) Service of the warrant of arrest; or
of the Plaintiff is Acquired
c) Voluntary surrender
It is acquired either:
a) By a valid service of summons or; SUBJECT MATTER
b) By his voluntary appearance or submission
to the jurisdiction of the court. The 2.C.1. Meaning of Jurisdiction over the
defendant‘s voluntary appearance in the Subject Matter
action is equivalent to service of
summons. Jurisdiction over the subject matter is the
power to hear and determine the general class
Note: Lack of jurisdiction over one‘s person to which the proceedings in question belong;
may be invoked in a motion to dismiss or it it is conferred by law and not by the consent
may be raised as an affirmative defense in the or acquiescence of any or all of the parties or
answer. Under the previous rule, the objection by erroneous belief of the court that it exists
to jurisdiction must be done by making a (Mitsubishi Motors vs Bureau of Customs, G.R.
special appearance in a motion to dismiss No.209830, June 17, 2015).
invoking the lack of jurisdiction over the
person of the defendant as the only ground. Note: The term, ―subject matter‖ refers to the
Adding any other ground was construed as item with respect to which the controversy has
voluntary appearance or submission to the arisen, or concerning which, the wrong has
jurisdiction of the court. But now, the inclusion been done, and it is ordinarily the right, the
in a motion to dismiss of other grounds aside thing, or the contract under dispute (De la
from lack of jurisdiction over the person of the Rama vs. Mendiola, 401 SCRA 704).
defendant shall not be deemed as voluntary
appearance. (Sec. 20, Rule 14 of the Rules of Examples: The terms ‗unlawful detainer‘,
Court) ‗forcible entry‘, or actions ‗incapable of
pecuniary estimation‘ are subject matters. So
Note: Instances when appearance of are the terms accion publiciana, accion
defendant is tantamount to voluntary reinvindicatoria, partition of property,
submission to the jurisdiction of the court: foreclosure of mortgage, expropriation,
habeas corpus and action for damages,
a) When defendant files the necessary among others (Riano, Civil Procedure, pgs. 125-
pleading; 126, 2007 ed.).
b) When defendant files motion for
reconsideration of the judgment by 2.C.2. Jurisdiction versus Exercise of
default; Jurisdiction

c) When defendant files a petition to set Exercise of

aside the judgment of default;
Power or authority of The exercise of the



the court to decide a court‘s power or conferred upon the courts exclusively by law
case. authority. and the lack thereof affects the very authority
Errors in assuming Errors in the exercise of of the court to take cognizance of the case,
jurisdiction results to jurisdiction results only objections thereto may be raised at any stage
error of jurisdiction. to errors of judgment.
of the proceeding, even on appeal.
 Where there is jurisdiction over the
subject matter, the decision on all other Exceptions:
questions arising in the case is but an
exercise of jurisdiction. The errors which a. Jurisdiction By Estoppel – after
the courts may commit in the exercise of voluntarily submitting a cause and
jurisdiction are merely errors of judgment encountering an adverse decision on the
which are the proper subjects of an merits, it is too late for the losing party to
appeal (Tolentino vs. Leviste, 443 SCRA 274). question the jurisdiction or power of the
2.C.3. Error of Jurisdiction as
Distinguished from Error of Judgment. Note: In Tijam vs. Sibonghanoy, 23 SCRA
29, the party was barred by laches from
Error of Jurisdiction Error of Judgment
invoking the plea for the first time on
Court has no jurisdiction Presupposes that the
appeal, for the purpose of annulling
over the case or acted in court has jurisdiction.
excess of conferred everything done in the case, due to the
jurisdiction. active participation of said party invoking
Pertains to acts of the Pertains to acts of the plea.
court committed with the court arising
grave abuse of from its decision b. Estoppel in Pais – where a party actively
discretion amounting to which does not participated in all stages of the
lack or in excess of amount to lack or proceedings before the trial court and
jurisdiction. excess of jurisdiction; invoked its authority by asking for an
includes errors of
affirmative relief, he is estopped from
procedure or mistake
in court findings. challenging the trial court‘s jurisdiction,
Remedy: original action Remedy: appeal especially when an adverse judgment has
for certiorari as a special been rendered. (Soliven v. Fastforms
action under Rule 65. Philippines, Inc., G.R. No. 139031, October 18,
Effect: renders the Effect: Decision is
decision of the court to still valid. A ground  Laches, in a general sense, is failure
be either void or for reversal only if it or neglect, for an unreasonable and
voidable. is shown that unexplained length of time, to do that
prejudice has been which, by exercising due diligence,
caused thereby could or should have been done
(Donato vs. CA, G.R.
earlier; it is negligence or omission to
No. 129638.
December 8, 2003). assert a right within a reasonable
time, warranting a presumption that
2.C.4. How Jurisdiction over the Subject the party entitled to assert it either
Matter is Conferred and Determined has abandoned it or declined to assert
it. The doctrine of laches or of "stale
How Jurisdiction over the Subject Matter demands" is based upon grounds of
is Conferred public policy which requires, for the
peace of society, the discouragement
General Rule: Jurisdiction over the subject of stale claims and, unlike the statute
matter is conferred by law. Nothing else can of limitations, is not a mere question
confer jurisdiction except the law. Since of time but is principally a question of
jurisdiction over the subject matter is the inequity or unfairness of
permitting a right or claim to be



enforced or asserted. (Figueroa vs. jurisdiction, then it has jurisdiction. (Tomas

People, G.R. No. 147406, July 14, 2008) Claudio Memorial College, Inc., 316 SCRA 502)

 Lack of jurisdiction over the subject 2.C.5. Doctrine of Adherence of

matter can always be raised anytime, Jurisdiction (Continuity of Jurisdiction)
even for the first time on appeal, since
jurisdictional issues cannot be waived
x xx subject, however, to the principle Definition
of estoppel by laches." X x x Since the
defense of lack of jurisdiction over the Jurisdiction is referred to as ―continuing‖ in
person of a party to a case is not one view of the general principle that once a court
of those defenses which are not has acquired jurisdiction, that jurisdiction
deemed waived under Section 1 of continues until the court has done all that it
Rule 9, such defense must be invoked can do in the exercise of that jurisdiction (20
when an answer or a motion to Am Jur 2d, Courts § 147).
dismiss is filed in order to prevent a
waiver of the defense. If the objection  As a consequence of this principle,
is not raised either in a motion to jurisdiction is not affected by a new law
dismiss or in the answer, the objection placing a proceeding under the jurisdiction
to the jurisdiction over the person of of another tribunal except when otherwise
the plaintiff or the defendant is provided in the statute or if the statute is
deemed waived by virtue of the first clearly intended to apply to actions
sentence of the above-quoted Section pending even before its enactment (People
1 of Rule 9 of the Rules of Court. x x vs. Cawaling, 293 SCRA 267; 20 Am Jur 2d,
x In any case, respondent cannot Courts, § 150).
claim the defense since "lack of
jurisdiction over the person, being Notes:
subject to waiver, is a personal
defense which can only be asserted by  If the court has jurisdiction to act on a
the party who can thereby waive it by motion at the time it was filed, that
silence. (Boston Equity Resources vs. CA, jurisdiction to resolve the motion
G.R. No. 173946, June 19, 2013) continues until the matter is resolved and
is not lost by the subsequent filing of a
notice of appeal (Asmala vs. COMELEC, 289
How Jurisdiction over the Subject Matter SCRA 746).
is Determined.
 Even the finality of the judgment does not
 It is a settled rule that jurisdiction over totally deprive the court of jurisdiction
the subject matter is determined by the over the case. What the court loses is the
allegations of the complaint (Baltazar vs. power to amend, modify and alter the
Ombudsman, 510 SCRA 74) regardless of judgment. Even after the judgment has
whether or not the plaintiff is entitled to become final, the court retains jurisdiction
claims asserted therein (Gocotano vs. to enforce and execute it (Echegaray vs.
Gocotano, 469 SCRA 328; Laresma vs. Secretary of Justice, 301 SCRA 96).
Abellana, 442 SCRA 156).

Note: If by the averments of the

complaint, the court has jurisdiction, it
does not lose that jurisdiction just because
the defendant makes a contrary allegation Instances when doctrine is not
in his motion or answer or because the applicable
court believes that the plaintiff‘s claims
are ridiculous and therefore, untrue. If by
the averments of the complaint, it has



1. Where a subsequent statute expressly waived (Sec. 8, Rule 15, Rules of Court). The
prohibits the continued exercise of defense of lack of jurisdiction over the subject
jurisdiction; matter is however, a defense not barred by
2. Where the law penalizing an act which is the failure to invoke the same in a motion to
punishable is repealed by a subsequent dismiss already filed. Even if a motion to
law; dismiss was filed and the issue of jurisdiction
3. When accused is deprived of his was not raised therein, a party may, when he
constitutional right such as where the court files an answer, raise the lack of jurisdiction as
fails to provide counsel for the accused an affirmative defense because this defense is
who is unable to obtain one and does not not barred under the omnibus motion rule.
intelligently waive his constitutional right;
4. Where the statute expressly provides, or is When the court dismisses the complaint for
construed to the effect that it is intended lack of jurisdiction over the subject matter, it
to operate as to actions pending before its is common reason that the court cannot
enactment remand the case to another court with the
5. When the proceedings in the court proper jurisdiction. Its only power is to dismiss
acquiring jurisdiction is terminated, and not to make any other order. (Riano, Civil
abandoned or declared void; Procedure, pages 134-135, 2007 ed.).
6. Once appeal has been perfected;
7. Curative statutes (Herrera, Vol. I, p. 106, When to Object
2007 ed.).
General rule: may be raised at any stage of
2.C.6. Objections to Jurisdiction over the the proceedings, even for the first time on
Subject Matter appeal (Reason: jurisdiction is conferred by
law, and lack of it affects the very authority of
How Objection is Made the court to take cognizance of and to render
judgment on the action).
1. By Act of the Parties
a. By Filing a motion to dismiss Exception: Barred by Estoppel (Tijam vs.
b. Raised as an affirmative defense in Sibonghanoy).
the answer
2. By Court Motu Propio 2.C.7. Effect of Estoppel on Objections to
―When it appears from the pleadings or
evidence on record that the court has no  While it is true that jurisdiction over the
jurisdiction over the subject matter, the court subject matter may be raised at any stage
shall dismiss the same‖ (Sec. 1, Rule 9, Rules of of the proceedings since it is conferred by
Court). law, it is nevertheless settled that a party
may be barred from raising it on the
The earliest opportunity of a party to raise the ground of estoppels. (La‘o vs. Republic, 479
issue of jurisdiction is in a motion to dismiss SCRA 439, January 23, 2006).
filed before the filing or service of an answer.
Lack of jurisdiction over the subject matter is  The Supreme Court frowns upon the
a ground for a motion to dismiss (Sec. 1[b], undesirable practice of submitting one‘s
Rule 16, Rules of Court). If no motion to dismiss case for decision, and then accepting the
is filed, the defense of lack of jurisdiction may judgment only if favorable, but attacking it
be raised as an affirmative defense in the for lack of jurisdiction if it is not. (Bank of
answer (Section 6, Rule 16, Rules of Court). the Philippine Islands vs. ALS Management &
Development Corporation, 427 SCRA 564).
Under the omnibus motion rule, a motion
attacking a pleading like a motion to dismiss,
shall include all grounds then available, and all
objections not so included shall be deemed




ISSUES Note: Res is not limited to property but
applies also to an object, i.e. fact or status.
This is the power of the court to try and
decide issues raised by the pleadings in order a) Constructive seizure of the land through
to determine whether or not the court has publication and service of notice in land
jurisdiction over the issues of the case, one registration cases. (Republic vs. Herbieto,
459 SCRA 183).
must look into the pleadings. This jurisdiction
b) A suit for annulment against a non-
means that the court must only pass upon
resident defendant may prosper when the
issues raised by the parties.
Court acquires jurisdiction over the res
through summons by publication or any of
How jurisdiction over the issue is
the modes of extraterritorial service under
conferred and determined
Sec. 15 of Rule 14. (Romualdez-Licaros vs.
Licaros, 401 SCRA 762).
1. conferred and determined by the pleadings
of the parties Decision is limited to the value of the property
2. may also be determined and conferred by if jurisdiction is not acquired over the person
stipulation of the parties of the defendant: While the trial court
3. waiver or failure to object to the aqcquired jurisdiction over the res, its
presentation of evidence on a matter not jurisdiction is limited to a rendition of
raised in the pleadings (De Joya vs. Marquez, judgment on the res. It cannot extend its
G.R. No. 162416, 31 January 2006).
jurisdiction beyond the res and issue a
judgment enforcing petitioner‘s personal
2.E. JURISDICTION OVER THE liability. In doing so without first having
RES OR PROPERTY IN acquired jurisdiction over the person of
LITIGATION petitioner, as it did, the trial court violated her
constitutional right to due process, warranting
How Jurisdiction is Acquired the annulment of the judgment rendered in
the case. (Biaco vs. Philippine Countryside Rural
It is acquired by the actual or constructive Bank; G.R. No. 161417, February 8, 2007).
seizure by the court of the thing in question.
This seizure is done through the writ of 2.F. JURISDICTION OVER CASES
preliminary attachment under Rule 57. COVERED BY THE REVISED RULES
The court acquires jurisdiction over the res
even if it has not acquired jurisdiction over the
person of a non-resident defendant when the PROCEDURE AND BARANGAY

a. Involves personal status of the plaintiff; Small Claims Cases

b. Relates to a property within the
Philippines where the defendant has a The revised rules of procedure for small claims
claim or interest; cases shall govern the procedure in actions
c. Involves a property within the Philippines before the Metropolitan Trial Courts, Municipal
and the defendant is sought to be Trial Courts in Cities, Municipal Trial Courts
excluded; and Municipal Circuit Trial Courts for payment
d. Property of the defendant is the subject of of money where the value of the claim does
attachment; not exceed Two Hundred Thousand Pesos
e. Land registration cases; or (P200,000.00) exclusive of interest and costs.
f. Suits against foreign corporations not (Sec. 2, The Revised Rules of Procedure for Small
doing business in the Philippines. Claims Cases)



Note: All MTC shall apply this Rule in all 2. One party is a public officer or employee,
actions that are purely civil in nature where and the dispute relates to the
the claim or relief prayed for by the plaintiff is performance of his official functions;
solely for payment or reimbursement of sum 3. Offenses punishable by imprisonment
of money. exceeding 1 year or fine exceeding Php
These claims or demands may be: 4. Offenses with no private offended party;
1. For money owed under any of the 5. Dispute involves real properties located in
following: different cities or municipalities unless the
a. Contract of Lease parties agree to submit dispute to
b. Contract of Loan amicable settlement by an appropriate
c. Contract of Services lupon;
d. Contract of Sale; or 6. Disputes involving parties who reside in
e. Contract of Mortgage barangays of different cities or
2. For liquidated damages arising from municipalities except when such barangay
contracts; units adjoin each other and parties thereto
3. The enforcement of a barangay amicable agree to submit their differences to
settlement or an arbitration award amicable settlement by an appropriate
involving a money claim covered by this lupon;
Rule pursuant to Sec. 417 of Republic Act 7. Classes of dispute which the President
7160, otherwise known as the Local may determine in the interest of justice.
Government Code of 1991. (Sec. 5, rule of 8. One of the parties is a juridical entity.
procedure for small claims cases)
Shall interrupt the prescriptive period for
Katarungang Pambarangay Law offenses and cause of action upon filing of
(Presidential Decree No. 1508) complaint with the punong barangay but must
not exceed 60 days.
Established a system of amicably settling
disputes at the barangay level. It was Other cases (Procedural Exceptions)
expressly repealed by R.A. 7160 (Local
Government Code of 1991). Most of its 1. Accused is under police custody;
provisions, however, were incorporated, (with 2. Person has been deprived of personal
some modifications) under Book III, Title I, liberty thus calling for a habeas corpus
Chapter VII of RA 7160. proceeding;
3. Actions coupled with provisional remedies;
 No complaint, petition, action or 4. Action barred by prescription;
proceeding involving any matter within the 5. Labor disputes;
authority of the lupon shall be filed or 6. As determined by the President in the
instituted directly in court or any interest of justice;
government office for adjudication unless: 7. CARL disputes;
 There has been a confrontation 8. Those involving the traditions of
between the parties before the lupon indigenous cultural community;
chairman or pangkat; and
 No conciliation or settlement has been Actions to annul judgment upon a
reached or if one has been repudiated compromise.
by the parties thereto.
 Parties may, at any stage of the
Cases not covered (Substantive proceedings agree in writing to have the
Exceptions) matter in dispute decide by arbitration by
either the punong barangay or pangkat.
1. One party is the government or any Then, arbitrational hearings shall follow
subdivision or instrumentality; the order of adjudicative trials.



TOTALITY RULE they did not emanate from the legislature, but
since they were promulgated under authority
Under this rule, where there are several claims of the law, such rules have the force and
or causes of actions between the same or effect of laws.
different parties, embodied in the same
complaint, the amount of the demand shall be CASES NOT COVERED BY THE RULES OF
the totality of clams in all the causes of action, COURT (Sec. 4, Rule 1)
irrespective of whether the causes of action  Cadastral;
arouse out of the same or different  Land registration;
transactions (Sec. 33[1], BP Blg. 129 as amended  Election cases;
by RA No. 7691; Pantranco North Express, Inc. vs.  Naturalization;
Standard Insurance Company, Inc. 453 SCRA 482).  Insolvency proceedings; and
 Other cases not provided for in the Rules.
“MM‖ stands Note: The Rules of Court apply only in
for ―Metro suppletory character or by analogy, whenever
Manila‖ practicable and convenient.
w/in Outside w/in Outside
real or 3.A.1. Ordinary Civil Action
property Definition
whose value
is… Ordinary Civil Action is one by which a party
Admiralty sues another for the enforcement or
and protection of a right, or the prevention or
not exceeding



P 400,000

P 300,000

P 400,000

P 300,000

redress of a wrong. (Sec. 3[a], Rule 1)

cases where

the demand
or claim is… It is the legal and formal demand of one‘s
Matters of right from another person made and insisted
probate, upon in a court of justice.
testate and ACTION CLAIM
intestate, An ordinary suit in a A right possessed by
where gross court of justice one against another
value of One party prosecutes
estate The moment said
another for the
is… claim is filed before a
enforcement or
Actions court, the claim is
protection of a right or
converted into an
which the prevention or
involve the action or suit
redress of a wrong
not exceeding

not exceeding

title to, or
P 50,000

P 20,000

P 50,000

P 20,000

possession Note: A civil action is of 2 types: (a) ordinary

of real
civil actions, and (b) special civil actions.
where the
value of the 3.A.2. Special Civil Action
involved… Definition

Special Civil Action is one which is generally

3. CIVIL PROCEDURE brought or filed for the same purpose.
Although both types of actions are governed
The rules embodied in the Rules of Court are by the rules for ordinary civil actions, there are
not laws in the strict sense of the word since



certain rules that are applicable only to 3.A.5. Personal and Real Actions
specific civil actions, thus making such civil
action special (Riano, Civil Procedure, 2014 ed.). Actions based on Subject Matter

Ordinary Civil Action vs Special Civil REAL PERSONAL MIXED

Action Title to or Any action other Both real and
possession than real action. personal
ORDINARY CIVIL SPECIAL CIVIL of real Recovery of properties are
ACTION ACTION property, or personal involved.
Governed by ordinary Governed by Rules 62 an interest property or
rules. – 71. therein damages for
Involves formal demand Involves special (Sec1, breach of
of one‘s legal right in a features not found in Rule4) contract.
court of justice. ordinary civil action. Based on Based on privity Based on
privity of of contract. privity of both
real estate. estate and
Ex. Accion Ex. Action for contract.
reinvindicat sum of money Ex. Accion
Definition oria publiciana w/
Criminal Action is one by which the state fordamages
prosecutes a person for an act or omission Filed in Filed in the The rules on
punishable by law. (Sec. 3[b], Rule 1) court where court where the venue of real
the plaintiff or any actions shall
3.A.4. Civil Action vs Special Proceedings property or of the govern.
any part defendants
Special Proceedings is a remedy by which a thereof is resides, at the
situated. option of the
party seeks to establish a status, a right, or a
particular fact. (Sec. 3[c], Rule 1)
Note: Such distinction is significant in the
determination of venue.
Civil Action vs Special Proceedings Not all action involving real property is a real
action because the realty may only be incidental
SPECIAL to the subject matter of the suit.
A formal demand of a An application in a court
right violated by of justice to establish 3.A.6. Local and Transitory Actions
another in a court of the status or right of a
justice. party, or a particular
fact. Actions based on permissible venue
Commenced by Commenced by
Complaint or Petition. Application, Motion or LOCAL TRANSITORY
Petition. Action is brought in a Action is brought,
Adversarial (with May not be adversarial. particular place, in the generally, where the
opposing parties). absence of an party resides,
Period to appeal: Period to appeal: 30 agreement to the regardless of where
Generally 15 days; days; contrary, where the the cause of action
Requirement: filing of Requirement: filing of subject property is arose.
notice of appeal notice of appeal and located.
record on appeal
3.A.7. Actions in Rem, in Personam and
Quasi in Rem

Actions Based on The Binding Effect of

The Relief sought (Object of the Action)



QUASI IN and by these only. A proceeding in
REM personam is a proceeding to enforce
Action Action directed One that personal rights and obligations brought
directed t a against a specific names a against the person and is based on the
res seeking to defendant specific
jurisdiction of the person, although it may
bind any seeking to make defendant
person who him personally and the
involve his right to, or the exercise of
may have a liable to pay purpose of ownership of, specific property, or seek to
claim or certain sum of the action is compel him to control or dispose of it in
interest in the money, or to to subject accordance with the mandate of the court
res and/or deliver a thing or his interest (Domagas vs. Jensen, G.R. No. 158407.
personal to perform or not in a property January 17, 2005).
status to perform a to a
specific act. correspondin Examples of actions quasi in rem are: (a)
g lien or attachment; (b) foreclosure of mortgage; (c)
obligation action for partition; and (d) action for
the res.
Directed Directed against Directed
against the a particular against  By its very nature and purpose, an action
thing itself. persons. particular for unlawful detainer or forcible entry is a
persons. real action and in personam because the
Binding upon Binding only Binding upon plaintiff seeks to enforce a personal
the whole between & the whole obligation or liability on the defendant
world. among the world under Article 539 of the New Civil Code,
parties to the for the latter to vacate the property
case. subject of the action, restore physical
Jurisdiction jurisdiction over jurisdiction
possession thereof to the plaintiff, and pay
over the the person of the over the
actual damages by way of reasonable
person of the defendant is person of
defendant is required. the compensation for his use or occupation of
not required, defendant is the property. (Ibid)
the court, not required
however, as long as Meanwhile, an action in rem is one directed
must have jurisdiction against the thing itself, instead of the person.
jurisdiction over the res A petition is directed against the ―thing‖ itself
over the res. is acquired or the res, which concerns the status of a
Concerns the Seeks to enforce Seeks to person, like a petition for adoption, annulment
status of a personal rights subject the
of marriage, or correction of entries in the
person and obligations property of a
birth certificate. This is brought against the
and to impose, person to
the whole world, where the court must have
through the
discharge of jurisdiction over the res.
judgment of a
the claim
court, some
assailed 3.A.8. Independent Civil Actions
responsibility or
liability directly
A civil action is commenced by:
upon the
person of the
1. Filing of the original complaint in court;
Note: The above distinction is significant in
determining whether or not jurisdiction over the 2. Timely Payment of the Correct Docket
person of the defendant is required. Fees.

 Payment of the full amount of the docket

fee is mandatory and jurisdictional (Ayala
 Whether a proceeding is in rem, or in Land, Inc. vs Carpo, 345 SCRA 379). Well
personam, or quasi in rem for that matter, settled is the rule that the court cannot
is determined by its nature and purpose, acquire jurisdiction over the subject



matter of a case, unless the docket fees trial court with jurisdiction over the
are paid. (Mercado vs. CA, G.R. No. 150241. subject-matter or nature of the action.
November 04, 2004).This rule was however, Where the filing of the initiatory
relaxed by allowing the payment of the pleading is not accompanied by
fee within a reasonable time but not payment of the docket fee, the court
beyond the prescriptive period (Sun may allow payment of the fee within a
Insurance Office Ltd. vs. Asuncion, 170 SCRA reasonable time but in no case
274). beyond the applicable prescriptive or
reglementary period.
 If the fees are not paid at the time of the 2. The same rule applies to permissive
filing, the court acquires jurisdiction only counterclaims, third-party claims and
upon full payment of the fees within a similar pleadings, which shall not be
reasonable time as the court may grant, considered filed until and unless the
barring prescription (Ballatan vs. CA, 304 filing fee prescribed therefor is paid.
SCRA 34). The court may also allow payment of
said fee within a reasonable time but
 The basis of assessment of the docket fee also in no case beyond its applicable
should be the amount of damages sought prescriptive or reglementary period.
in the original complaint and not in the 3. Where the trial court acquires
amended complaint. (Manchester jurisdiction over a claim by the filing
Development Corporation vs. Court of Appeals, of the appropriate pleading and
G.R. No. 75919, May 7, 1987)
payment of the prescribed filing fee
but, subsequently, the judgment
 The amount of any claim for damages,
awards a claim not specified in the
therefore, arising on or before the filing of
pleading, or if specified the same has
the complaint or any pleading should be
been left for determination by the
specified. While it is true that the
court, the additional filing fee therefor
determination of certain damages as
shall constitute a lien on the
exemplary or corrective damages is left to
judgment. It shall be the responsibility
the sound discretion of the court, it is the
of the Clerk of Court or his duly
duty of the parties claiming such damages
authorized deputy to enforce said lien
to specify the amount sought on the basis
and assess and collect the additional
of which the court may make a proper
fee. (Sun Insurance Office Ltd. supra).
determination, and for the proper
assessment of the appropriate docket
 Payment of docket fees, necessary in
fees. The exception contemplated as to
permissive counterclaim, but not in
claims not specified or to claims although
compulsory counterclaim.
specified are left for determination of the
court is limited only to any damages that
 There is no need for need for petitioner to
may arise after the filing of the complaint
pay docket fees for her compulsory
or similar pleading for then it will not be
counterclaim. On the other hand, in order
possible for the claimant to specify nor
for the trial court to acquire jurisdiction
speculate as to the amount thereof.
over her permissive counterclaim,
(Proton Pilipinas Corporation vs. Banque
Nationale De Paris, G.R. No. 151242, June 15, petitioner is bound to pay the prescribed
2005) docket fees. (Alday vs. FGU Insurance
Corporation, G.R. No. 138822, January 23,
Thus, the Court rules as follows: 2001)

1. It is not simply the filing of the  Filing fees not dependent on the amount
complaint or appropriate initiatory of property if it is for breach of contract.
pleading, but the payment of the
prescribed docket fee, that vests a  Breach of contract gives rise to a cause of
action for specific performance or for



rescission. A suit for such breach is not  Procedural rules are tools designed to
capable of pecuniary estimation; hence, facilitate the adjudication of cases. Courts
the assessed value of the real estate, and litigants alike are thus enjoined to
subject of the said action, should not be abide strictly by the rules. And while the
considered in computing the filing fees. Court, in some instances, allows a
(Cabutihan vs. Land Center Construction, G.R. relaxation in the application of the rules,
No. 146594, June 10, 2002) this we stress, was never intended to
forge a bastion for erring litigants to
 A real action is an action affecting title to violate the rules with impunity. The
or recovery of possession of real property. liberality in the interpretation and
X x x In a real action, the assessed value application of the rules applies only in
of the property, or if there is none, the proper cases and under justifiable causes
estimated value thereof shall be alleged and circumstances. While it is true that
by the claimant and shall be the basis in litigation is not a game of technicalities, it
computing the fees. (Ruby Shelter Builders is equally true that every case must be
and Realty Development Corporation vs. prosecuted in accordance with the
Formaran, G.R. No. 175914, February 10, prescribed procedure to insure an orderly
and speedy administration of justice. (Hun
Hyung Park vs. Eung Won Choi, G.R. No.
 The alleged BIR zonal valuation is not the 165496, February 12, 2007)
kind of valuation required by the Rule. It
is the assessed value of the realty.  Lapses in the literal observance of a rule
(Serrano v. Delica, 456 SCRA 82) of procedure will be overlooked when they
do not involve public policy, when they
 A litigant who is a pauper is exempt from arose from an honest mistake or
the payment of the docket fees. But the unforeseen accident, when they have not
fees shall be a lien on the judgment prejudiced the adverse party and have not
rendered in favor of said pauper litigant, deprived the court of its authority.
unless the court otherwise provides. Conceived in the best traditions of
practical and moral justice and common
Construction of Rules sense, the Rules of Court frown upon
(Sec. 6, Rule 1)
hairsplitting technicalities that do not
square with their liberal tendency and with
General Rule: Liberal construction of the
the ends of justice unless something in
rules to promote their objective of securing a
the nature of the factors just stated
just, speedy and inexpensive disposition of the
intervene. (Oaminal vs. Castillo, G.R. No.
action or proceeding.
152776, October 8, 2003)

Exceptions:  Exception to the strict observance of

a. Reglementary periods; and procedural rules.
b. Rule on forum shopping.
 Viewed in this light, procedural rules are
 The Supreme Court may suspend its own not to be belittled or dismissed simply
rules or exempt a particular case from its because their non-observance may have
operation where: prejudiced a party's substantive rights;
like all rules, they are required to be
 The appellate court failed to obtain followed. However, there are recognized
jurisdiction over the case owing to exceptions to their strict observance, such
appellant‘s failure to perfect an as:
appeal.; or,  most persuasive and weighty reasons;
 The appellate court has already  to relieve a litigant from an injustice
obtained jurisdiction over the not commensurate with his failure to
appealed case. comply with the prescribed procedure;



 good faith of the defaulting party by plaintiff or constituting a breach of the

immediately paying within a obligation of the defendant to the
reasonable time from the time of the plaintiff. (PLDT vs. Pingol, G.R. No. 182622
default; September 8, 2010)
 the existence of special or compelling
circumstances;  If the allegations of the complaint do not
 the merits of the case; aver the concurrence of these elements,
 a cause not entirely attributable to the the complaint becomes vulnerable to a
fault or negligence of the party motion to dismiss on the ground of failure
favored by the suspension of the to state a cause of action. (Macaslang vs
rules; Zamora, G.R. No. 156375, May 30, 2011)
 a lack of any showing that the review
sought is merely frivolous and  Breach of contract as cause of action.
 the other party will not be unjustly  Breach of contract gives rise to a cause of
prejudiced thereby; action for specific performance or for
 fraud, accident, mistake or excusable rescission. A suit for such breach is not
negligence without the appellant's capable of pecuniary estimation; hence,
fault; the assessed value of the real estate,
 peculiar, legal and equitable subject of the said action, should not be
circumstances attendant to each case; considered in computing the filing fees.
 in the name of substantial justice and (Cabutihan vs. Land Center Construction, G.R.
fair play; No. 146594, June 10, 2002)
 importance of the issues involved; and
 exercise of sound discretion by the  A wife has no cause of action against the
judge, guided by all the attendant paramour of her husband in a special
circumstances; proceeding for administration of conjugal
Thus, there should be an effort, on the part of
the party invoking liberality, to advance a  A wife has no cause of action against the
reasonable or meritorious explanation for paramour of her husband if the action is
his/her failure to comply with the rules. (St. for the administration of conjugal property
Louis University, Inc. vs. Cobarrubias. Supra) or for the accounting by the husband of
their properties or even on forfeiture
3.B. CAUSE OF ACTION against the husband of property acquired
by the husband and the paramour.
(Relucio vs. Lopez, G.R. No. 138497, January
3.B.1. Meaning of Cause Of Action 16, 2002)
A cause of action is the act or omission by
which a party violates the rights of another.
(Sec. 2, Rule 2) 3.B.2. Right of Action vs. Cause of Action
Elements of a Cause of Action Definition
1. a right in favor of the plaintiff by The remedial right or right to relief granted by
whatever means and under whatever law to a party to institute an action against a
law it arises or is created; person who has committed a delict or wrong
against him.
2. an obligation on the part of the named
defendant to respect or not to violate Elements of Right of Action
such right; and

3. An act or omission on the part of such

defendant violative of the right of the



1. Existence of a cause of action or

compliance with all conditions precedent Failure to State a Cause of Action is a defect
to the bringing of the action; and or an insufficiency in the statement of the
2. Right to bring and maintain the action cause of action.
must be in the person instituting it.
Insufficiency of the allegations in the pleading,
Cause of Action vs Right of Action i.e., not all the elements of a particular cause
of action are alleged.
Delict or wrongful act Right to relief granted Failure to State a Cause of Action vs.
or omission committed by law to a party to Lack of Cause of Action (Regalado, Remedial
by the defendant in institute an action Law Compendium, Volume I, Ninth Revised Ed.
violation of the primary against a person who (2005)
rights of the plaintiff. has committed a delict
or wrong against him.
Failure to State a Lack of Cause of
The reason for the The remedy afforded to
action. the aggrieved party.
Cause of Action Action
Refers to the Refers to a situation
The formal statement Right to litigate is given insufficiency of the where the evidence
of alleged facts. because of the pleading, and is a does not prove the
occurrence of the ground for dismissal. cause of action
alleged facts. alleged in the
Determined by facts Determined by pleading
alleged in the substantive law. Provided in Sec. 1(g) Provided in Sec. 5 of
of Rule 16 Rule 10
Matter of procedure. Matter of right.
Remedy is to move Remedy is to file a
Not affected by Affected by affirmative
affirmative defense. defense. for dismissal of the demurrer to the
pleading evidence
may be raised at the may be raised at any
Doctrine of Exhaustion of Administrative earliest stages of an time after the
Remedies action questions of fact have
been resolved on the
General Rule: When the law provides for an basis of the
administrative remedy, relief must be sought stipulations,
by exhausting this remedy before the courts admissions, or
will act. evidence presented

Exceptions: 3.B.4. Test of the Sufficiency of a cause

1. Where the issue is purely legal; of Action
2. If it will result in the nullification of claim
asserted; The test of sufficiency of the facts alleged in a
3. If the act is patently illegal or performed complaint to constitute a cause of action is
in excess of or without jurisdiction; whether, admitting the facts alleged, the court
4. If the respondent acts as an alter ego of could render a valid judgment upon the same
the President, unless actually disapproved in accordance with the prayer of the petition
by the latter; or complaint. X x x The inquiry is into the
5. There is urgency of judicial intervention; sufficiency, not the veracity of the material
6. If there was violation of right to due allegations in the complaint. (Lim Lazaro, vs.
process; or Brewmaster International, G.R. No. 182779, August
23, 2010)
7. If the administrative agency is stopped.
The truth or falsity of the allegations are
3.B.3. Failure to State a Cause of Action
beside the point because the allegations in the
complaint are hypothetically admitted. (PNB vs.
CA, 291 SCRA 271,276)



This rule applies even when several rights,

belonging to one person, are violated.
3.B.5. Splitting a Single Cause of Action
All such rights violated, belonging to the same
Definition person, should be alleged in a single
complaint. Otherwise, they are barred forever.
There is a splitting of a single cause of action
when two or more suits are instituted on the  The singleness of a cause of action lies in
basis of the same cause of action. (Sec. 4, Rule the singleness of the- delict or wrong
2). violating the rights of one person. X x x
No man shall be twice vexed for one and
It is the act of dividing one cause of action the same cause (Joseph vs. Bautista vs. G.R.
into different parts and making each part No. L-41423 February 23, 1989)
subject of a separate complaint (Bachrach vs.
Icaringal, 68 Phil. 287) Tests to ascertain whether two suits
relate to a single or common cause of
Note: Applies not only to complaints but action
also to counterclaims and cross-claims. a. Whether the same evidence would
(Riano, Fundamentals of Civil Procedure' 2005 support and sustain both the first and
second causes of action (also known as
―same evidence test‖);
Purpose of Prohibition
b. Whether the defenses in one case may be
used to substantiate the complaint in the
Their splitting of action violates the policy
against multiplicity of suits, whose primary
c. Whether the cause of action in the second
objective was to avoid unduly burdening the
case existed at the time of the filing of the
dockets of the courts. (Chu vs. Sps. Cunanan,
first complaint (Umale vs. Canoga Park
G.R. No. 156185, September 12, 2011)
Development Corporation, 654 SCRA 155,
Examples of splitting a single cause of

In a forcible entry case, the real issue is the Effect of Splitting a Single Cause of
physical possession of the property. The Action
question of damages is merely secondary or
incidental, so much so that the amount The filing of one suit or a judgment upon the
thereof does not affect the jurisdiction of the merits on any one suit is a ground for the
court. The unlawful act of deforciant in taking dismissal of the others. (Sections 4, Rule 2)
possession of a piece of land by means of
force and intimidation against the rights of the Remedies available against splitting a single
party actually in possession thereof is a delict cause of action:
or wrong, or cause of action that gives rise to 1. File a motion to dismiss
2 remedies- recovery of possession ad a. If the first complaint is still pending,
recovery of damages arising from the loss of said motion shall be on the ground
possession, BUT only to one action. (Riano, of LITIS PENDENTIA.
b. If any of the complaints is terminated
by final judgment, the motion to
To sue for ejectment and to subsequently sue
dismiss shall be on the ground of
for damages arising from the same act of the
RES JUDICATA. (Sec 1[f], Rule 16).
defendant. (ibid)
2. File an answer, alleging either of the
above-cited grounds as affirmative
One Suit for a Single Cause of Action (Sec.
3, Rule 2)



Rules in case of divisible contracts shall be the test of jurisdiction. (Section

5, Rule 2)
General Rule: A judgment for any single
breach of a continuing contract is not a bar to Totality Rule
a suit for a subsequent breach.
Where the claims in all the causes of action
The filing of a complaint under divisible are principally for recovery of money, the
contract covers all the previous ones in one aggregate amount claimed shall be the test of
cause of action. jurisdiction (irrespective of which causes of
action arose out of the same or different
Exception: transaction).

Doctrine of Anticipatory Breach– Even if When Totality Rule Applies

the contract is divisible in its performance and
the future periodic deliveries are not yet due, In actions where the jurisdiction of the court is
if the obligor has already manifested his dependent on the amount involved.
unqualified and positive refusal to comply with
his future periodic obligation, the contract is The test of jurisdiction shall be the aggregate
entire and the breach total. Hence, there can sum of all the money demands, exclusive of
only be one action for damages. (Blossom and interest and costs, irrespective of whether or
Co. vs. Manila Gas Corp., 55 Phil 226). not the separate claims are owned by or due
to different parties. If any demand is for
3.B.6. Joinder and Misjoinder of Causes damages in a civil action, the amount thereof
of Action must be alleged.

Joinder of Causes of Action In cases where there are two or more

plaintiffs having separate causes of action
A party may in one pleading assert, in the against two or more defendants joined in a
alternative or otherwise, as many causes of complaint.
action as he may have against an opposing In cases where a plaintiff has separate causes
party. (Sec. 5, Rule 2). of action against two or more defendants
joined in a complaint.
When Allowed:
Note: For the Totality Rule to apply in cases
1. Joinder of Causes of Action is subject to provided for under (b) and (c), it is necessary
the following condition- JSDM that:

2. The party joining the causes of action 1. The causes of action arose out of the
must comply with the rules on Joinder same transactions or series of
of parties; transactions; and
3. The joinder shall not include Special civil 2. There is a common question of law or
actions or actions governed by special fact.
4. Where the causes of action are between An instance where joinder of ordinary
the same parties but pertain to Different civil action and special action is allowed.
venues or jurisdiction, the joinder may
be allowed in the RTC provided one of To begin with, petitioner could have joined
the causes of action fall within the together all his allegations of error in one
jurisdiction of said court and the venue petition for review under Rule 45 of the 1997
lies therein; Rules of Civil Procedure since only questions
5. Where the claims in the causes of action of law are raised in the instant case. At any
are principally for the recovery of rate, there is nothing irregular in joining both
Money, the aggregate amount claimed petitions for review (Rule 45) and certiorari
(Rule 65) in one pleading for purposes of



resolving the issues raised by petitioner G & S.

This procedural step may even avoid 3.C.1. Real Parties-in-Interest;
inconsistency of rulings which might result in Indispensable Parties; Representatives
case the writ of preliminary injunction is as Parties; Necessary Parties; Indigent
validated but the civil case from which the writ Parties; Alternative Defendants
emanated is ordered dismissed. Although a
petition for review under Rule 45 is an appeal Real Party in Interest
process while a petition for certiorari under
Rule 65 is an original action and the rule is Definition
that joinder of causes of action shall not Real party in interest is one who stands to be
include special civil actions governed by benefited or injured by the judgment in the
special rules, the conceptual and procedural suit, or the party entitled to the avails of the
differences between them are overshadowed suit.
by the more significant probability of divergent
rulings in case the two (2) petitions are not  Every action must be prosecuted or
joined which in the end would only cause defended in the name of the real party in
difficulties in determining which of the interest, unless otherwise authorized by
conflicting decisions should be enforced. (G & law or the rules.
S Transport Corporation vs. Court of Appeals, G.R.  Remedy if the suit is not in the name of or
No. 120287, May 28, 2002) against the real party in interest: Motion
to Dismiss on the ground that the
SPLITTING OF CAUSE JOINDER OF complaint states no cause of action.
OF ACTION CAUSE OF ACTION  Remedy if one party in the suit is not a
There is a single cause of Contemplates
real party in interest:
action several causes of
PROHIBITED, as it ENCOURAGED, as it 1. Upon motion of a party, the court may
causes multiplicity of minimizes drop or add a party by order; or
suits and double vexation multiplicity of suits 2. Upon its own initiative, the court
on the part of the and inconvenience may drop the name of a misjoined
defendant on the parties party.
3. This may be done at any stage of the
Misjoinder of Causes of Action proceeding.

This is not a ground for dismissal of an action  Interest within the meaning of the Rules
(Sec. 6, Rule 2). of Court means material interest or an
interest in issue to be affected by the
Remedy decree or judgment of the case, as
distinguished from mere curiosity about
The court may drop the causes of action not the question involved. A real party in
within its jurisdiction and retain the ones it interest is the party who, by the
can handle, either motu proprio or upon substantive law, has the right sought to
motion of the parties. be enforced. (Ang vs. Sps Ang, G.R. No.
186993, August 22, 2012)
There is no sanction against non-joinder of
separate causes of action since a plaintiff only Classification of parties in interest
needs a single cause of action to maintain an
action. Indispensable Parties

3.C. PARTIES TO A CIVIL ACTION An indispensable party is a party in interest

without whom no final determination can be
There are two main categories of parties to a had of an action, and who shall be joined
civil action namely, the plaintiff and the either as plaintiffs or defendants.
defendant (Section 1, Rule 3, Rules of Court).



The joinder of indispensable parties is in court. (CHINA BANK vs. Oliver, G.R. No.
mandatory. Thus, without the presence of 135796, October 3, 2002)
indispensable parties to a suit or proceeding,
judgment of a court cannot attain real finality. Necessary parties
The absence of an indispensable party renders
all subsequent actions of the court null and Necessary Parties are those who are not
void for want of authority to act, not only as indispensable but ought to be parties if
to the absent parties but even as to those complete relief is to be accorded to those
present. (LOTTE PHIL. CO., INC. vs. Dela Cruz already parties, or for a complete, G.R. No. 166302. July 28, 2005) determination or settlement of the claim
subject of the action. (Sec. 8, Rule 3)
 The Court clarified x x x that the failure to
implead indispensable parties is a curable  Solidarity does not make a party
error. (PACAÑA-CONTRERAS vs. Rovila Water indispensable. Article 1216 of the Civil
Supply, G.R. No. 168979, December 2, 2013). Code says that the creditor may proceed
The court, either motu proprio or upon the against anyone of the solidary debtors or
motion of a party, may order the inclusion some or all of them simultaneously. (De
of the indispensable party or give the Castro vs. CA, G.R. No. 115838. July 18,
plaintiff opportunity to amend his 2002)
complaint in order to include indispensable
parties. If the plaintiff to whom the order  Both indispensable and necessary parties
to include the indispensable party is are considered as real parties in interest,
directed refuses to comply with the order since both classes of parties stand to be
of the court, the complaint may be benefited or injured by the judgment of
dismissed upon motion of the defendant the suit." (PACAÑA-CONTRERAS, supra)
or upon the court's own motion. (NAVARRO
vs. ESCOBIDO, G.R. No. 153788, November INDISPENSABLE
27, 2009).The operative act that would PARTIES
lead to the dismissal of the case would be The action cannot The action can proceed
the refusal to comply with the directive of proceed unless they even in the absence of
are joined. Their some necessary parties.
the court for the joinder of an
presence issine qua
indispensable party to the case. (Nocom v. non for the exercise of
Camerino, et al., G.R. No. 182984, February judicial power.
10, 2009). Likewise, jurisprudence on the No valid judgment if Case may be determined
Federal Rules of Procedure, x x x allows indispensable party is in court even if a
the joinder of indispensable parties even not joined. necessary party is not
after judgment has been entered if such is joined but the judgment
needed to afford the moving party full therein will not resolve
relief. Mere delay in filing the joinder the entire controversy.
motion does not necessarily result in the They are those with They are those whose
such an interest in the interests are so far
waiver of the right as long as the delay is
controversy that a separable that a final
excusable. X x x The Court has the power final decree would decree can be made in
to avoid delay in the disposition of this necessarily affect their their absence without
case, and to order its amendment in order rights. affecting them.
to implead an indispensable party.
(PACAÑA-CONTRERAS, supra) Representative party

 A party is not indispensable to the suit if Representative party is someone acting in a

his interest in the controversy or subject fiduciary capacity for or in behalf of the
matter is distinct and divisible from the principal or beneficiary.
interest of the other parties and will not
necessarily be prejudiced by a judgment Who May Be Made a Representative?
which does complete justice to the parties  Trustee of an express trust.
 Guardian



 Executor or Administrator; or remains the true party to the case and not the
 Any party authorized by law or by the representative. (Ang vs. Sps Ang, supra)
Rules of Court.
Pro forma party
 Minor or incompetent persons may Required to be joined as a co-party in a suit
sue or be sued but with the assistance by or against another party, as may be
of his father, mother, guardian, or if provided by the applicable substantive law or
none, a guardian ad litem. (Sec. 5, Rule procedural rule. (Sec. 4, Rule 3)
 A person need not be judicially A nominal or pro forma party is one who is
declared incompetent in order that the joined as a plaintiff or defendant, not because
court may appoint a guardian ad such party has any real interest in the subject
litem. It is enough that he be alleged matter or because any relief is demanded, but
to be incompetent. because the technical rules of pleadings
 In case of supervening incapacity or require the presence of such party on the
incompetency of a party, the action record.
shall continue to be prosecuted by or
against him personally and not General Rule: Spouses should sue and be
through his representative, since he sued together as they are both administrators
continues to be the real party in of their community property or conjugal
interest although assisted by his partnership property.
 An agent may sue or be sued without Exception: Those provided by law:
joining the principal if he acted: Petition for receivership; for judicial separation
of property; for authority to be the sole
 In his own name, and administrator of the absolute community;
 For the benefit of an undisclosed when a spouse without just cause abandons
principal. the other or fails to comply with his or her
obligations to the family with respect to
Exception: When the contract involves things marital, parental or property relations (Article
belonging to the principal (Sec. 3, Rule 3) 101 and 128, Family Code)

The right of choice as to venue of the plaintiff- Actions involving the mortgage, encumbrance,
non-resident does not apply to his alienation or other disposal of a spouse‘s
representative exclusive property (Article 111, Family Code)

To construe the express requirement of Actions involving the property of a spouse

residence under the rules on venue as under the regime of separation of property
applicable to the attorney-in-fact of the (Article 145, Family Code)
plaintiff would abrogate the meaning of a ―real
party in interest‖, as defined in Section 2 of Remedy if there is failure to implead one of
Rule 3 of the 1997 Rules of Court vis-à-vis the spouses: Amendment of the complaint.
Section 3 of the same Rule. X x x There is
nothing therein that expressly allows, much Quasi-Parties
less implies that an action may be filed in the Are those in whose behalf a class or
city or municipality where either a representative suit is brought. (Sec. 12, Rule 3)
representative or an attorney-in-fact of a real
party in interest resides. Sec. 3 of Rule 3 Indigent Party
merely provides that the name or names of
the person or persons being represented must Party who has no money or property sufficient
be included in the title of the case and such and available for food, shelter and basic
person or persons shall be considered the real necessities for himself and his family. (Sec. 21,
party in interest. In other words. The principal Rule 3)



complaint do not clearly indicate that the

To litigate as an indigent party, authority may case involves a party who refuses to give
be granted upon an ex parte application and her consent to be joined as a plaintiff. As
hearing. However, it may be contested to at revealed in open court during the hearing
any time before judgment is rendered. on the incidents, the plaintiff Encarnacion
Cleaofas Vda. de Biglang Awa has not
Authority to litigate as an indigent shall been made aware at all of the filing of the
include an exemption: complaint and of the reasons therefore. It
may not therefore be correctly said that
1. From the payment of docket fees, and she was an unwilling co-plaintiff. (RTC
2. From the payment of transcript of decision in Biglang-awa vs. Philippine Trust
stenographic notes. Company, G.R. No. 158998, March 28, 2008)

Alternative Defendant 3.C.2. Compulsory and Permissive

Joinder of Parties
Party sued, as a substitute of another, when
the plaintiff is uncertain of whom to sue, General Rule: Permissive. (Section 6, Rule 3,
although a right to relief against him may be Rules of Court)
inconsistent with another. (Sec. 13, Rule 3)
Exception: Compulsory only when parties
Defendants with unknown identity – after involved are indispensable parties. (Section 7,
Rule 3, Rules of Court)
knowing identity, amend complaint to indicate
correct name of defendant. (Sec. 14, Rule 3)
Exceptions to the Exception
1. Class suits, where it would be
impractical to include all the names of
the members of the class in the action.
One who have an interest in the subject
2. When the inclusion of an indispensable
matter of the action or in obtaining the relief
party is merely a formality.
An unwilling co-plaintiff shall be made a
defendant and the reason therefore shall be
 Co-owners are not indispensable parties in
stated in the complaint (Sec. 10, Rule 3).
case one of them appoints an agent as
their obligation is solidary.
 Art. 1915. If two or more persons
Those persons who claim an interest in the
have appointed an agent for a
controversy or the subject thereof adverse to
common transaction or undertaking,
the plaintiff or who ordinarily should be joined
they shall be solidarily liable to the
as plaintiffs but who do not consent thereto,
agent for all the consequences of the
the reason therefore being stated in the
agency.―The rule in this article applies
even when the appointments were
made by the principals in separate
 Before a party may be considered as
acts, provided that they are for the
unwilling plaintiff, it must be shown that
same transaction. The solidarity
said party is made aware of the filing of
arises from the common interest of
the complaint.
the principals, and not from the act of
 It is true that an unwilling party plaintiff constituting the agency. By virtue of
may be joined as a defendant but this this solidarity, the agent can recover
must be set out at the inception of the from any principal the whole
complaint. Even if, for the sake of compensation and indemnity owing to
argument, that this joinder may be made him by the others. The parties,
via an amendment, the allegations of the however, may, by express agreement,



negate this solidary responsibility. 3. Such joinder is not otherwise proscribed

The solidarity does not disappear by by the provisions of the Rules of Court
the mere partition effected by the on jurisdiction and venue. (Regalado,
principals after the accomplishment of F.D., Remedial Law Compendium, Volume 1,
the agency. X x x When the law p. 91)
expressly provides for solidarity of the
obligation, as in the liability of co- Series of Transactions – separate dealings
principals in a contract of agency, with the parties but all of which dealings are
each obligor may be compelled to pay directly connected with the same type of
the entire obligation. The agent may subject matter of the suit.
recover the whole compensation from Parties can either be joined in one single
any one of the co-principals. (De complaint or may themselves maintain or be
Castro vs. CA, G.R. No. 115838. July 18, sued in separate suits.
2002, supra)
The rule also applies to counterclaims.
 Co-owners are neither indispensable nor
necessary parties in case one of them 3.C.3. Misjoinder and Non-Joinder of
brings an action for recovery of co-owned Parties
Misjoinder and/or non-joinder of Parties is not
 In suits to recover properties, all co- a ground for dismissal of the action (Sec. 11,
owners are real parties in interest. Rule 3).
However, pursuant to Article 487 of the
Civil Code and relevant jurisprudence, any Remedy when there is misjoinder: Motion to
one of them may bring an action, any kind Strike the names of the parties impleaded
of action, for the recovery of co-owned (objection to be raised at the earliest
properties. Therefore, only one of the co- opportunity, i.e. the moment defect becomes
owners, namely the co-owner who filed apparent; cannot be raised for the first time
the suit for the recovery of the co-owned on appeal).
property, is an indispensable party
thereto. The other co-owners are not A separate action should be brought against
indispensable parties. They are not even the party misjoined.
necessary parties, for a complete relief
can be accorded in the suit even without Effect of non-joinder of indispensable
their participation, since the suit is parties:
presumed to have been filed for the
benefit of all co-owners. (NAVARRO vs. It renders all subsequent actions of the court
ESCOBIDO, supra) null and void for want of authority to act, not
only as to the parties absent but even as to
Permissive joinder of parties those present.

The rule on permissive joinder of parties Effect of non-joinder of necessary

enunciates that parties can either be joined in parties:
one single complaint or may themselves
maintain or be sued in separate suits. Non-joinder of necessary parties does not
prevent the court from proceeding in the
Requisites: action, and the judgment rendered therein
1. The right to relief arose out of the same shall be without prejudice to the rights of such
transaction or series of transactions; necessary party.
2. There is a question of law or fact
common to all the plaintiffs or What should the pleader do if a
defendants; and necessary party is not joined?



He shall set forth the name of such necessary 4. The representatives sue or defend for the
party, if known, and the reason for the latter‘s benefit of all. (Sec. 12, Rule 3)
omission. (Sec. 9, Rule 3)
A class suit will not lie when the numerous
Should the court find the reason for the occupants of a parcel of land are sued for
omission unmeritorious, it may order the ejectment from the land because their interest
inclusion of the omitted necessary party if is not common to all. The interest of each
jurisdiction over his person may be obtained. defendant is only with respect to the portion
Failure to comply with such order, without he claims and occupies (Sulo ng Bayan, Inc. vs
justifiable cause, shall be deemed a waiver of Araneta, 72 SCRA 347).
the claim against such party.
3.C.5 Suits Against Entities Without
3.C.4 Class Suit Juridical Personality

A suit brought by a number of persons Persons associated in an entity without

sufficiently numerous and representative so as juridical personality may be sued under the
to fully protect the interests of all concerned, name by which they are generally or
who are so numerous that it is impracticable commonly known, but they cannot sue under
to join all as parties, and the subject matter of such name.
the controversy is one of common or general
interest to them. Note: Summons to one of them is valid
service of summons to all of them (see rules
 The subject matter of the complaint is of on Summons)
common and general interest not just to
several, but to all citizens of the 3.C.6 Effect of Death of a Party Litigant
Philippines. Consequently, since the Duty of Counsel
parties are so numerous, it, becomes
impracticable, if not totally impossible, to Whenever a party to a pending action dies,
bring all of them before the court. We and the claims not thereby extinguished, it
likewise declare that the plaintiffs therein shall be the duty of the counsel to inform the
are numerous and representative enough court within thirty (30) days after such death
to ensure the full protection of all of the fact thereof, and to give the name and
concerned interests. Petitioners minors x x address of his legal representative or
x can, for themselves, for others of their representatives. Failure of counsel to comply
generation and for the succeeding with this duty shall be a ground for disciplinary
generations, file a class suit. Their action.
personality to sue in behalf of the
succeeding generations can only be based "The heirs of the deceased may be allowed to
on the concept of intergenerational be substituted for the deceased, without
responsibility insofar as the right to a requiring the appointment of an executor or
balanced and healthful ecology is administrator and the court may appoint a
concerned. (Oposa vs. Factoran, G.R. No. guardian ad litem for the minor heirs.
101083 July 30, 1993)
"The court shall forthwith order said legal
Requisites of a class suit: representative or representatives to appear
1. The subject matter is one of common or and be substituted within a period of thirty
general interest to many persons; (30) days from notice.
2. The persons are so numerous that it is
impracticable to join all of them as "If no legal representative is named by the
parties; counsel for the deceased party, or if the one
3. The parties actually before the court are so named shall fail to appear within the
sufficiently numerous and representative specified period, the court may order the
as to fully protect the interests of all opposing party, within a specified time, to
concerned; and procure the appointment of an executor or



administrator for the estate of the deceased, Effect of transfer of interest

and the latter shall immediately appear for
and on behalf of the deceased. The court In case of any transfer of interest, the action
charges in procuring such appointment, if may be continued by or against the original
defrayed by the opposing party, may be party, unless the court, upon motion, directs
recovered as costs." the person to whom the interest is transferred
The court may order the opposing party to be substituted in the action or joined with
appoint an executor or administrator when: the original party. (Sec. 19, Rule 3)

The counsel for the deceased does not name  The substitution of parties in this case is
a legal representative; or not mandatory but only permissive.
 A transferee pendente lite is a proper
There is a representative named but he failed party and not an indispensable party.
to appear within the specified period (Sec. 16,  If the transfer was effected before the
Rule 3) commencement of the suit, the transferee
must necessarily be a party to the case.
 The death of a client immediately divests  But said party may file a third party
the counsel of authority. (CARABEO vs. complaint and implead the transferor in
Dingco, G.R. No. 190823, April 4, 2011) the action whenever the same is
necessary for the complete determination
 A formal substitution by heirs is not of all the rights of the parties.
necessary when they themselves
voluntarily appear. Actions that survive even against the
decedent‟s representative
 The rule on the substitution of parties was 1) Action to recover real and personal
crafted to protect every party‘s right to property against the estate;
due process. X x x No adjudication can be 2) Action to enforce a lien thereon;
made against the successor of the 3) Action to recover for an injury to person
deceased if the fundamental right to a day or property by reason of tort or delict
in court is denied. This general rule committed by the deceased. (Sec. 1, Rule
notwithstanding, a formal substitution by 87)
heirs is not necessary when they
themselves voluntarily appear, participate
in the case, and present evidence in Substitute defendant need not be
defense of the deceased. These actions summoned.
negate any claim that the right to due
process was violated. X x x Strictly Order or substitution shall be served upon the
speaking, the rule on the substitution by parties to acquire jurisdiction over the
heirs is not a matter of jurisdiction, but a substitute.
requirement of due process. Thus, when
due process is not violated, as when the If the action does not survive (like the purely
right of the representative or heir is personal action of support, annulment of
recognized and protected, noncompliance marriage and legal separation), the court shall
or belated formal compliance with the simply dismiss the case.
Rules cannot affect the validity of a
promulgated decision. Mere failure to When the action is for the recovery of money
substitute for a deceased plaintiff is not a arising from contract and the defendant dies
sufficient ground to nullify a trial court‘s before entry of final judgment, the court shall
decision. The alleging party must prove not dismiss the suit. It shall continue and his
that there was an undeniable violation of legal representative or legal heir shall
due process. (SPS DE LA CRUZ vs. Joaquin, substitute the deceased. If the plaintiff obtains
G.R. No. 162788. July 28, 2005) a favorable judgment, said judgment shall be



enforced as a money claim against the estate 3.C.7. Distinction between real party in
of the deceased. (Sec. 20, Rule 3). interest and locus standi

Consequences of death or separation of Real Party In Locus Standi

a public officer who is sued in his official Interest
capacity and leaves office/ dies during The party who stands to Right of appearance in a
its pendency (Sec. 17, Rule 3) be benefited or injured court of justice on a
by the judgement in the given question.
suit or the party entitled
 The action may be continued and to the avails of the suit.
maintained by or against his successor if
within 30 days after said successor takes
The Doctrine of Locus Standi requires a
office or such time as may be granted by
litigant to have a material interest in the
the court, it is satisfactorily shown by any
outcome of a case. In private suits, locus
party that there is a substantial need for
standi requires a litigant to be a ―real party-in-
continuing or maintaining it and that the
interest‖. (Riano, Civil Procedure, 2014 Ed.)
successor adopts or continues or
threatens to adopt or continue the action
of his predecessor.
 Before substitution, proper notice must be
given to the officer to be affected and
accorded an opportunity to be heard.
Place of trial or geographical location where
the action or proceeding should be brought.
Consequences of death of the defendant
before entry of final judgment in the
 The rules on venue, like other procedural
court upon an action for recovery of
rules, are designed to insure a just and
money arising from contract (Sec. 20, Rule
orderly administration of justice or the
impartial and evenhanded determination
 The case shall not be dismissed, instead, of every action and proceeding. Obviously,
it will continue until entry of final this objective will not be attained if the
judgment. plaintiff is given unrestricted freedom to
 A favorable judgment obtained by the choose where to file the complaint or
plaintiff shall be enforced in a manner petition. (Mangila vs. Court of Appeals, G.R.
No. 125027, August 12, 2002)
especially provided for prosecuting claims
against the estate of a deceased person.
 In case the property of the deceased has 3.D.1.Venue vs. Jurisdiction
been attached, the writ of attachment will
not be dissolved but will entitle the
judgment-creditor to preference over Jurisdiction Distinguished from Venue
other creditors against the estate.
 When a party to a pending action dies and JURISDICTION VENUE
the claim is not extinguished, the Rules of The authority to hear The place where the
Court require a substitution of the and determine a case. case is to be instituted;
deceased. The procedure is specifically deals with locality.
governed by Sec.16 of Rule 3. A matter of A matter of procedural
substantive law. or adjective law.
 The Court has nullified not only trial
Conferred by law or May be conferred by the
proceedings conducted without the the Constitution and act or agreement of the
appearance of the legal representatives of cannot be otherwise parties.
the deceased, but also the resulting agreed upon by the
judgments. In those instances, the courts parties.
acquired no jurisdiction over the persons Cannot be waived; May be waived.
of the legal representatives or the heirs except jurisdiction over
upon whom no judgment was binding. the person.
Establishes a relation Establishes a relation



between the court and between the plaintiff 3.D.4. Venue of Actions Against Non-
the subject matter. and the defendant. Residents (Sec. 3, Rule 4)
Limitation on the Limitation on the court.
plaintiff. Non-Resident Defendant
Deals with substance. Matter of convenience. Venue of Not Found in
Courts may motu Courts may not motu Found in the
the Action the
proprio dismiss a case proprio dismiss a case Philippines
for lack of jurisdiction. on ground of improper Residence of Personal Actions
venue. the Plaintiff Actions involving
personal status
Note: The parties may stipulate on the venue of the plaintiff
as long as the agreement is: Where the Real Actions Actions
a. in writing Property is involving any
b. made before the filing of the action, and Located property of the
c. exclusive as to the venue. said defendant
located in the
3.D.2. Venue of Real Actions (Sec. 1, Rule
Residence - the place where the party
The venue of real actions is the place where actually resides at the time of action; does not
the property involved, or a portion of it is mean permanent home or domicile.
 The rule on venue of real actions covers  The plaintiff in this action has no
actions pertaining to title or possession to residence in the Philippine Islands. Only
real property or interest therein. one of the parties to the action resides
 Venue if it involves property located at the here. There can be, therefore, no election
boundary of 2 places: File a case in either by plaintiff as to the place of trial. It must
place at the option of the plaintiff. be in the province where the defendant
 Venue if case involves 2 properties located resides. (Ang vs. Sps Ang, supra)
in 2 different places:
 If the properties are the object of the 3.D.5. When the Rules on Venue Do Not
same transaction: file it in any of the Apply (Sec. 4, Rule 4)
2 places.
 If the properties are the subject of 2 The Rules do not apply:
distinct transactions: separate actions a. In those cases where a specific rule or
should be filed in each place unless law provides otherwise, e.g. civil case
properly joined. for damages in case of libel Art. 360
RPC; or
 In case of forcible entry and unlawful b. Where the parties have validly agreed in
detainer, the action shall be commenced writing before the filing of the action on
and tried in the M.T.C. of the municipality the exclusive venue thereof. (Pacific
Consultants v. Schonfeld, Supra)
or city wherein the real property or a
portion thereof is situated.
3.D.6. Effects of Stipulations on Venue
3.D.3. Venue of Personal Actions
The settled rule on stipulations regarding
(Sec. 2, Rule 4) venue is that while they are considered valid
and enforceable, venue stipulations in a
The venue of personal actions is the place contract do not, as a rule, supersede the
where the plaintiff or any of the principal general rule set forth in Rule 4 of the Revised
plaintiffs or where the defendant or any of the Rules of Court in the absence of qualifying or
principal defendants reside, at the election of restrictive words x x x like "only," "solely,"
the plaintiff. "exclusively in this court," "in no other court



save —," "particularly," "nowhere else Pleadings

but/except —," or words of equal import x x x.
They should be considered merely as an Pleadings are the written statements of the
agreement or additional forum, not as limiting respective claims and defenses of the parties
venue to the specified place. They are not submitted to the court for appropriate
exclusive but, rather permissive. If the judgment. (Sec. 1, Rule 6)
intention of the parties were to restrict venue,
there must be accompanying language clearly Pleading distinguished from Motion
and categorically expressing their purpose and
design that actions between them be litigated PLEADING MOTION
only at the place named by them. (Pacific
Consultants v. Schonfeld, 516 SCRA 210, 19 Feb A statement of the claims An application for relief
2007). and defenses, focusing other than by a pleading
on matters to be
included in the judgment
The court may declare an agreement on
General relief is prayed Particular relief is sought.
venue as contrary to public policy if the
stipulation unjustly denies a party a fair Pleadings are not Motion is a kind of
opportunity to file suit in the place motions. pleading.
designated by the rules. (Sweet Lines Inc. May be initiatory
vs. Teves, G.R. No. L-37750). Always filed before
 A third party complaint is ancillary to the
main action. Hence, it must yield to the 3.E.1. Kinds of pleadings
jurisdiction and venue of the main action
even if said third party complaint is based INTERPOSING A INTERPOSING A
on a separate agreement specifying a CLAIM DEFENSE
different venue. Includes: Includes:
1. Complaint 1. Answer
Improper venue 2. Counterclaim 2. Reply
3. Cross-claim
4. 3rd, 4th, 5th, etc.
General Rule: Although the venue is 5.Complaint-in-
technically improper, the venue will be intervention(Rule 19)
deemed proper if the defendant does not
object. Since venue is not a matter of
substantive law but is primarily for the
convenience of the parties, it would be up for
the defendant to question the venue. If he
does not raise the issue of venue, the Court Plaintiff Complaint; Reply
has no authority to motu propio dismiss a case Defendant Answer; Counterclaim;
for improper venue. Cross-claim
3rd, 4th, etc Party Answer; Counterclaim;
Exception: In cases covered by summary Defendant Cross-claim
procedure, the court may dismiss a case Counter-claimant Answer; Counterclaim;
outright on any of the grounds apparent in the or Cross-claimant Cross-claim
complaint. This of course includes improper Intervenor Complaint-in-intervention;
venue. The dismissal here need not be Answer-in-intervention
preceded by a motion to dismiss because it
may be done by the court motu propio (Sec. 4, Case: Procedure for dismissed cases when re-
1991 Rules of Summary Procedure). filed; same as though it was initially lodged
3.E. RULES ON PLEADINGS and assigned to branch to which the original
case pertained.

 The procedure for dismissed cases when

re-filed is the same as though it was



initially lodged, i.e., the filing of answer, 3.E.1.B.2. Negative pregnant

reply, answer to counter-claim, including
other foot-dragging maneuvers, except for Negative Pregnant is a denial which is
the rigmarole of raffling cases which is equivalent to an admission
dispensed with since the re-filed complaint
is automatically assigned to the branch to An admission in avoidance which does not
which the original case pertained. A qualify as a specific denial.
complaint that is re-filed leads to the re-
enactment of past proceedings with the  A denial pregnant with the admission of
concomitant full attention of the same trial the substantial facts in the pleading
court exercising an immaculate slew of responded to which are not squarely
jurisdiction and control over the case that denied. It was in effect an admission of
was previously dismissed, which in the the averments it was directed at.34 Stated
context of the instant case is a waste of otherwise, a negative pregnant is a form
judicial time, capital and energy. (RCBC vs. of negative expression which carries with
Magwin Marketing, G.R. No. 152878, May 5, it an affirmation or at least an implication
2003) of some kind favorable to the adverse
party. It is a denial pregnant with an
3.E.1.A. Complaint admission of the substantial facts alleged
in the pleading. Where a fact is alleged
Complaint is a pleading alleging the plaintiff‘s with qualifying or modifying language and
cause/s of action (Sec. 3, Rule 6) the words of the allegation as so qualified
or modified are literally denied, has been
 It states the names and residences of the held that the qualifying circumstances
plaintiff and defendant, together with the alone are denied while the fact itself is
ultimate facts constituting the cause of admitted. (Republic of the Philippines vs.
action. Sandiganbayan, G.R. No. 152154, July 15,
Ultimate Facts - the essential facts
constituting the plaintiff‘s cause of action.  Effect of negative pregnant- admission of
the averments it was directed at and so
Test of Sufficiency of the Facts (alleged in there is a failure to raise any genuine
the complaint): If upon admission or proof of issue of fact in their pleadings. Thus, on
the facts being alleged, a judgment may motion x x x, summary judgment should
properly be given. take place as a matter of right. (ibid)

3.E.1.B. Answer 3.E.1.B.3. Affirmative defense

An answer is a pleading in which a defending Affirmative defense is an allegation of a new

party sets forth his defenses (Sec. 4, Rule 6). matter, which, while hypothetically admitting
the material allegations in the pleading would
3.E.1.B.1. Negative defense nevertheless prevent or bar recovery by him.

Negative defense involves specific denial of Any of the grounds for a Motion to Dismiss
the material facts alleged in the pleading of may be pleaded as an affirmative defense.
the claimant essential to his cause of action
(Sec. 5[a], Rule 6). 3.E.1.C. Counterclaims

General denial will be deemed an admission of Alleges any claim, which a defending party
the averments in the complaint. may have against an opposing party.



Counterclaim alleges any claim which a the same transaction or occurrence, which
defending party may have against an opposing gave rise to it.
party. (pleading interposing a claim)
Test to determine whether a
A counterclaim is in the nature of a cross- counterclaim is compulsory or not:
complaint. Although it may be alleged in the 1) Are the issues of fact or law raised by the
answer, it is NOT part of the answer. It is a claim and the counterclaim largely the
distinct and independent cause of action. same?
Upon its filing, the same proceedings are had 2) Would res judicata bar a subsequent suit
as in the original complaint. For this reason, it on defendant‘s claim absent the
must be answered within 10 days from compulsory counterclaim rule?
service. 3) Will substantially the same evidence
support or refute plaintiff‘s claim as well
3.E.1.C. 1. Compulsory Counterclaim as the defendant‘s counterclaim?
4) Is there any logical relation between the
Requisites of compulsory counterclaim: claim and the counterclaim?
 It must arise out of, or be necessarily
connected with the transaction or Affirmative answers to the above queries
occurrence that is the subject matter of indicate the existence of a compulsory
the opposing party or co-party‘s claim. counterclaim. (Financial Building vs. Forbes Park,
 It does not require for its adjudication the 338 SCRA 346, 17 Aug 2000)
presence of third parties over whom the
court cannot acquire jurisdiction; and Rules on Counterclaim:
 It must be within the jurisdiction of the
court and is cognizable by the regular Doctrine of Ancillary Jurisdiction
courts of justice.
The counterclaim may be considered
“Compelling Test of Compulsoriness” - compulsory regardless of the amount.
requires a logical relationship between the
claim and the counterclaim, that is, where Filing of a motion to dismiss and settling up a
conducting separate trials of the respective compulsory counterclaim are incompatible
claims of the parties would entail a substantial remedies. If both are availed and in the event
duplication of effort and time of the parties the motion to dismiss is meritorious, he will
and of the court. (Quintanilla v. C.A., 279 SCRA lose his counterclaim. Thus, if he opts to set
397) up his counterclaim, he may still plead his
ground for dismissal as an affirmative defense
 If the counterclaim in excess of the in his answer.
jurisdiction of the court is interposed in
the same action and the court finds both A plaintiff who fails or chooses not to answer
plaintiff's complaint and defendant's a compulsory counterclaim may not be
counterclaim (for an amount exceeding declared in default, principally because the
said court's jurisdiction) meritorious, it will issues raised in the counterclaim are deemed
simply dismiss the complaint on the automatically joined by the allegations of the
ground that defendant has a bigger credit. complaint (Gojo vs. Goyala, 35 SCRA 557)
Since defendant still has to institute a
separate action for the remaining balance 3.E.1.C.2. Permissive Counterclaim
of his counterclaim, the previous litigation
did not really settle all related COMPULSORY PERMISSIVE
controversies (Calo vs. Ajax International, COUNTERCLAIM COUNTERCLAIM
Inc., 22 SCRA 996) Arises out of or is Does not arise out of
necessarily connected or is necessarily
A compulsory counterclaim cannot be the with the transaction connected with the
that is the subject subject matter of the
subject of a separate action but it should
matter of the opposing opposing party‘s claim
instead be asserted in the same suit involving



COMPULSORY PERMISSIVE merits, unless otherwise declared by the

COUNTERCLAIM COUNTERCLAIM court. The dismissal of the main action does
party‘s claim not carry with it the dismissal of the
Does not require for its It may require for its counterclaim (Sec. 6, Rule 16).
adjudication the adjudication the
presence of third presence of third
Another situation is contemplated in Section 6
parties of whom the parties over whom the
court cannot acquire court cannot acquire of Rule 16. Here, the defendant does not file a
jurisdiction jurisdiction motion to dismiss. Instead, he files an answer
Need not be Must be answered, and utilizes certain grounds for a motion to
answered; no default otherwise there can be dismiss as affirmative defenses. Included in
an order of default the answer is a counterclaim. He then asks for
This is not an initiatory This is an initiatory a preliminary hearing on the affirmative
pleading; hence, there pleading and defenses set up, which is granted by the
is no need to pay the therefore, there is a court. During the hearing on the affirmative
docket fees. need to pay the docket defenses, the court decides to dismiss the
complaint. If the complaint is dismissed, the
Barred if not set up in Not barred even if not
the action except set up in the action. counterclaim, compulsory or permissive, is not
after-acquired The defendant can dismissed. (Riano, Civil Procedure, 2014 Ed.)
counterclaim. institute another action
for recovery. 3.E.1.D. Cross-claim

3.E.1.C.2. Effect on the counterclaim Cross-claim is any claim by one party against
when the complaint is dismissed a co-party arising out of the transaction or
occurrence that is the subject matter either of
If a counterclaim has already been pleaded by the original action or of a counterclaim
the defendant prior to the service upon him of therein.
the plaintiff‘s motion to dismiss, and the court
grants the said motion to dismiss, the General Rule: It is barred if not set up in the
dismissal shall be limited to the complaint action. (Sec. 6, Rule 6)
(Sec. 2, Rule 17). The dismissal upon motion of
plaintiff shall be without prejudice to the right Exceptions:
of the defendant to prosecute the  When it is outside the jurisdiction of the
counterclaim. The defendant if he so desires court; or
may prosecute his counterclaim either in a  If the court cannot acquire jurisdiction
separate action or in the same action. Should over third parties whose presence is
he choose to have his counterclaim resolved in necessary for the adjudication of the
the same action, he must notify the court of cross-claim.
his preference within 15 days from notice of  The dismissal of a complaint carries with it
the plaintiff‘s motion to dismiss. Should he opt the dismissal of a cross-claim, which is
to prosecute his counterclaim in a separate purely defensive but not a cross-claim
action, the court should render the seeking an affirmative relief.
corresponding order granting and reserving
his right to prosecute his claim in a separate Note: The cross-claim that shall be barred if
complaint. A class suit shall not be dismissed not asserted is the cross claim already existing
or compromised without the approval of the at the time the answer is filed, not the cross-
court. claim that may mature or may be acquired
after service of the answer. As to the latter,
The dismissal of the complaint under Sec. 3, Sec 9 of Rule 11 declares that it may, by leave
Rule 17 (due to fault of plaintiff) is without of court, be set up by way of a supplemental
prejudice to the right of the defendant to pleading.
prosecute his counterclaim in the same action
or in a separate action. This dismissal shall 3.E.1.E. Third (Fourth, etc.) party
have the effect of an adjudication upon the complaint



Third, etc., party complaint is a claim that a one of indemnity, subrogation, contribution or
defending party may, with leave of court, file other substantive right. The bringing of a
against a person not a party to the action who third-party defendant is proper if he would be
is called the third-party defendant, for liable to the plaintiff or to the defendant or
contribution, indemnity, subrogation, or any both for all or part of the plaintiff‘s claim
other relief, in respect of his opponent‘s claim. against the original defendant, although the
(Sec. 11, Rule 6). third-party defendant‘s liability arises out of
another transaction. The defendant may
Test to determine if third party claim is implead another as third-party defendant
in respect of plaintiff‟s claim:
a) on an allegation of liability of the latter to
1) Need not arise out of or entirely the defendant for contribution, indemnity,
dependent on main action it is sufficient subrogation or any other relief;
that it must be in respect of the b) on the ground of direct liability of the
opponent‘s claim. third-party defendant to the plaintiff; or
2) Third party-defendant would be liable to c) the liability of the third-party defendant to
the plaintiff or to the defendant for all or both the plaintiff and the defendant.
part of the claim against original There must be a causal connection
defendant. between the claim of the plaintiff in his
3) Third party defendant may assert any complaint and a claim for contribution,
defenses which third party plaintiff has or indemnity or other relief of the defendant
may have to the plaintiff‘s claim. against the third-party defendant.

Judgment on a third-party complaint may Causal Connection Test: Causal connection

become final and executory without waiting between the claim of the plaintiff in his
for the determination of the main case. complaint and a claim for contribution,
indemnity or other relief of the defendant
An order disallowing a third-party complaint is against the third-party defendant:
appealable since it would finally dispose of
defendant‘s right to implead the third party. 1) whether it arises out of the same
transaction on which the plaintiff‘s claim is
 The purpose of Section 11, Rule 6 of the based; or whether the third-party claim,
Rules of Court is to permit a defendant to although arising out of another or
assert an independent claim against a different contract or transaction, is
third-party which he, otherwise, would connected with the plaintiff‘s claim;
assert in another action, thus preventing 2) whether the third-party defendant would
multiplicity of suits. All the rights of the be liable to the plaintiff or to the
parties concerned would then be defendant for all or part of the plaintiff‘s
adjudicated in one proceeding. This is a claim against the original defendant,
rule of procedure and does not create a although the third-party defendant‘s
substantial right. Neither does it abridge, liability arises out of another transaction;
enlarge, or nullify the substantial rights of and
any litigant. This right to file a third-party 3) whether the third-party defendant may
complaint against a third-party rests in the assert any defenses which the third-party
discretion of the trial court. The third- plaintiff has or may have to the plaintiff‘s
party complaint is actually independent of, claim.
separate and distinct from the plaintiff‘s
complaint, such that were it not for the  It goes without saying that the denial of
rule, it would have to be filed separately the petitioner‘s motion with leave to file a
from the original complaint. third-party complaint against Becthel is
without prejudice to its right to file a
A prerequisite to the exercise of such right is separate complaint against the latter.
that some substantive basis for a third-party (Asian Construction and Development
claim be found to exist, whether the basis be



Corporation vs. CA, G.R. No. 160242, May 17,  If the answer is based on an actionable
2005) document. The genuineness and due
execution of an actionable document shall
THIRD PARTY be deemed admitted unless specifically
COMPLAINT denied under oath. (Sec. 8, Rule 8)
Against a person not Against a co- party
a party to the action
 A party cannot, in his reply, amend his
Third party is not yet Cross defendant is a co-
impleaded. party. cause of action nor introduce new causes
Must be pertaining to Must arise out of the of action. Such shall be set forth in an
the opponent‘s transaction that is the amended or supplemental complaint.
(plaintiff) claim subject matter of the
original action or of the 3.E.2. Pleadings Allowed in Small Claim
counterclaim therein Cases and Cases Covered by the Rules
on Summary Procedure
COMPLAINT INTERVENTION  The only pleadings allowed to be filed are
Brings into the action Same the Complaints, Compulsory Counterclaims
a third person not
and Cross Claims pleaded in the answer,
originally a party
and the answer thereto.
Initiative is with the Initiative is with a non-
person already a party who seeks to join
party to the action. the action. Scope: Civil Case

3.E.1.F. Complaint-in-intervention  All cases of Forcible Entry and Unlawful

Detainer, irrespective of the amount of
Complaint in intervention is a legal proceeding damages or unpaid rentals sought to be
by which a person who is not a party to the recovered. Where attorney‘s fees are
action is permitted by the court to become a awarded, the same shall not exceed
party by intervening in appending action after twenty thousand pesos (P20,000)
meeting the conditions and requirements set  All other cases, except probate
by the Rules of court. This third person who proceedings, where the total amount of
intervenes is one who is not originally the plaintiff‗s claim does not exceed one
impleaded in the action. (First Philippine hundred thousand pesos (P100, 000) or
Holdings Corp. vs. Sandiganbayan, 253 SCRA 30; two hundred thousand pesos (P200,000)
Rule 19). in metropolitan Manila, exclusive of
interest and costs.
3.E.1.G. Reply
Note: All pleadings shall be verified
Reply is the pleading-response of the plaintiff
to the defendant‘s answer, the office of which 3.E.3. Parts of a Pleading
is to deny, or allege facts in denial or
avoidance of new matters alleged by way of 3.E.3.A. Caption (Sec. 1, Rule 7)
defense in the answer and thereby join or
make issue as to such new matters. The caption sets forth the following:

General Rule: A reply is not mandatory. 1) Name of the court.

2) Title of the action; and
Exceptions: 3) The docket number, if assigned.

 If new matters are alleged in the answer, Body (Sec. 2, Rule 7)

a reply is necessary; otherwise, such new
matters are deemed controverted. The body of the pleading sets forth the
1) Designation of the pleading;



2) Allegations of the party‘s claims or allegations in a pleading may be affirmed

defenses; based on either one‘s own personal
3) Relief prayed for; and knowledge or on authentic records, or
4) Date of the pleading. both, as warranted. The use of the
preposition "or" connotes that either
 It is not the caption of the pleading but source qualifies as a sufficient basis for
the allegations therein which determine verification and, needless to state, the
the nature of the action and the court concurrence of both sources is more than
shall grant relief warranted by the sufficient. Bearing both a disjunctive and
allegations and proof even if no such relief conjunctive sense, this parallel legal
is prayed for (Solid Homes, Inc. vs. Court of signification avoids a construction that will
Appeals, 271 SCRA 157). exclude the combination of the
alternatives or bar the efficacy of any one
3.E.3.B. Signature and address of the alternatives standing alone. (Hun
Hyung Park vs. Eung Won Choi, G.R. No.
Every pleading must be signed by the party or 165496, February 12, 2007)
by the counsel representing him stating the
address which should not be a post office box When verification is required:
(Sec.3, Rule 7)
1) Answer contesting the genuineness of an
Consequence of an unsigned pleading: actionable document.
2) Petition for Relief from Judgment.
It produces no legal effect. Such a pleading 3) Complaint with application for Preliminary
may be stricken out as sham and false, and Injunction.
the action may proceed as though the 4) Complaint for Replevin.
pleading has not been served. However, the 5) Certiorari, Prohibition and Mandamus.
court is authorized to allow the pleader to 6) Pleadings under the Rules on Summary
correct the deficiency if the pleader shows to Procedure.
the satisfaction of the court, that the failure to
sign the pleading was due to mere  Pleading required to be verified which
inadvertence and not to delay the proceedings contains a verification based on
(Sec 3, Rule 7). ―knowledge, information and belief‖
Note: Use of the phrase ―true of his own
3.E.3.C. Verification and Certification knowledge‖ is not required if such is logically
against Forum Shopping inferable, especially if plaintiff is a party and it
does not appear that he is verifying upon
Verification information and belief.

An affidavit that the affiant has read the  A pleading without the required
pleading and that the allegations therein are verification has no legal effect, but
true and correct of his personal knowledge or amending the pleading with the required
based on authentic records. verification may cure the same.

A pleading need not be under oath. This  The absence of verification or the non-
means that a pleading need not be verified compliance with the verification
except when verification is required by law or requirement does not necessarily render
by a particular rule. the pleading defective. It is only a formal
and not a jurisdictional requirement. The
Two modes of verification requirement is a condition affecting only
the form of the pleading (Benguet
 A reading of the above-quoted Section 4 Corporation vs. Cordillera Caraballo Mission,
of Rule 7 indicates that a pleading may be Inc., 469 SCRA 381) and non-compliance
verified under either of the two given therewith does not necessarily render it
modes or under both. The veracity of the



fatally defective (Sarmiento vs. Zaratan, GR b. identity of rights asserted and relief
No. 167471, February 5, 2007). prayed for, the relief being founded
on the same acts; and
 Any person who personally knew the facts c. the identity in the two cases should be
may sign the verification; but only the such that the judgment which may be
plaintiff or the principal parties, not the rendered in one would, regardless of
counsel, may execute the certification of which party is successful, amount to
non-forum shopping. res judicata in the other.

 The petitioner in this case is the  For forum shopping to exist, both actions
Commission on Appointments, a must involve the same transaction, same
government entity created by the essential facts and circumstances and
Constitution, and headed by its must raise identical causes of action,
Chairman. There was no need for the subject matter and issues. Clearly, it does
Chairman himself to sign the verification. not exist where different orders were
Its representative, lawyer or any person questioned, two distinct causes of action
who personally knew the truth of the and issues were raised, and two
facts alleged in the petition could sign objectives were sought. (Alma Jose vs.
the verification. With regard, however, to Javellana, G.R. No. 158239, January 25, 2012)
the certification of non-forum shopping,
the established rule is that it must be  In any case, we reiterate that where the
executed by the plaintiff or any of the petitioners are immediate relatives, who
principal parties and not by counsel. share a common interest in the property
(Commission on Appointments vs. Paler, G.R. subject of the action, the fact that only
No. 172623, March 3, 2010) one of the petitioners executed the
verification or certification of forum
Forum Shopping shopping will not deter the court from
proceeding with the action. (Medado vs.
Forum shopping is the act of a party litigant Heirs of Consing, G.R. No. 186720, February
against whom an adverse judgment has been 8, 2012)
rendered in one forum seeking and possibly
getting a favorable opinion in another forum, Three ways to commit forum shopping:
other than by appeal or the special civil action
of certiorari, or the institution of two or more  through litis pendentia — filing multiple
actions or proceedings grounded on the same cases based on the same cause of action
cause or supposition that one or the other and with the same prayer, the previous
court would make a favorable disposition. case not having been resolved yet
Forum shopping happens when, in the two or  through res judicata — filing multiple
more pending cases, there is identity of cases based on the same cause of action
parties, identity of rights or causes of action, and the same prayer, the previous case
and identity of reliefs sought. having been finally resolved
 splitting of causes of action — filing
Test in determining the existence of forum multiple cases based on the same cause
shopping) Where the elements of litis of action but with different prayers. (Sps.
pendentia are present, and where a final Plaza vs. Lustiva, G.R. No. 172909, March 5,
judgment in one case will amount to res 2014)
judicata in the other, there is forum shopping.
For litispendentia to be a ground for the Litis pendentia
dismissal of an action, there must be:
Litis pendentia is a situation wherein another
a. identity of the parties or at least such action is pending between same parties for
as to represent the same interest in the same cause of action and the second
both actions; action becomes unnecessary and vexatious. X



x x A notice of adverse claim is nothing but a order of the court, after proper showing
notice of a claim adverse to the registered that the notice is for the purpose of
owner, the validity of which is yet to be molesting the adverse party, or that it is
established in court at some future date, and not necessary to protect the rights of the
is no better than a notice of lis pendens which rights of the party who caused it to be
is a notice of a case already pending in court. recorded. (Section 14, 2nd paragraph, Rule 13,
(Acap vs. Court of Appeals, G.R. No. 118114, Rules of Court)
December 7, 1995)
Res judicata
Lis pendens
A final judgment or decree on the merits by a
Lis Pendens literally means pending suit, court of competent jurisdiction is conclusive of
refers to the jurisdiction, power or control the rights of the parties or their privies, in all
which a court acquires over property involved later suits and on all points and matters
in a suit, pending the continuance of the determined in the previous suit. The term
action, and until final judgment Founded upon literally means a ―matter adjudged, judicially
public policy and necessity, lis pendens is acted upon, or settled by judgment.‖ The
intended to keep the properties in litigation principle bars a subsequent suit involving the
within the power of the court until the same parties, subject matter, and cause of
litigation is terminated, and to prevent the action. Public policy requires that
defeat of the judgment or decree by controversies must be settled with finality at a
subsequent alienation. Its notice is an given point in time. (Sps. Dela Cruz vs. Joaquin,
announcement to the whole world that a Supra)
particular property is in litigation and serves as
a warning that one who acquires an interest Elements
over said property does so at his own risk or 1. the former judgment or order must be
that he gambles on the result of the litigation final;
over said property. X x x The filing of a notice 2. it must have been rendered on the
of lis pendens has a two-fold effect: merits of the controversy;
3. the court that rendered it must have
1. to keep the subject matter of the litigation had jurisdiction over the subject matter
within the power of the court until the and the parties; and
entry of the final judgment to prevent the 4. There must have been -- between the
defeat of the final judgment by successive first and the second actions -- an
alienations; and identity of parties, subject matter and
cause of action. (Sps. Dela Cruz vs.
2. to bind a purchaser, bona fide or not, of Joaquin, Supra)
the land subject of the litigation to the
judgment or decree that the court will Two concepts of res judicata.
promulgate subsequently. (Biglang-awa vs.
Philippine Trust Company, G.R. No. 158998,  Bar by prior or former judgment
March 28, 2008)  Conclusiveness of judgment or preclusion
of issues or collateral estoppels
Grounds for cancelling notice of lis
Basis of res judicata:
1. if the annotation was for the purpose of
molesting the title of the adverse party, or 1. Parties should not be permitted to litigate
2. When the annotation is not necessary to same issue more than once.
protect the title of the party who caused it 2. When a right or fact has been judicially
to be recorded tried and determined by a court of
competent jurisdiction, the judgment of
The notice of lis pendens hereinabove the court, so long as it remains
mentioned may be cancelled only upon unreversed, should be conclusive upon the



parties and those in privity with them in Technologies Co. Ltd. vs. Lerma, G.R. No.
law or estates. 143581, January 7, 2008)

Certification against Forum Shopping The certificate is to be executed by petitioner

and not by counsel.
Certification under oath in the complaint or
other initiatory pleading or in a sworn  The certification is mandatory under Sec.
certification annexed thereto and 5 of Rule 7 but not jurisdictional. (Robert
simultaneously filed therewith: Dev‘t Corp. vs. Quitain, 315 SCRA 150)
a. that he has not theretofore commenced
any action or filed any claim involving  Certificate of non-forum shopping is not
the same issues in any court, tribunal or required in a compulsory counterclaim.
quasi-judicial agency and, to the best of (Santo Tomas University Hospital vs. Surla, 294
SCRA 382)
his knowledge, no such other action or
claim is pending therein;
 All plaintiffs must sign the certification of
b. if there is such other pending action or
non forum shopping. (Loquias vs. Office of
claim, a complete statement of the
the Ombudsman)
present status thereof; and
c. if he should thereafter learn that the Every petition filed with the Supreme
same or similar action or claim has been Court or the CA must be accompanied by
filed or is pending, he shall report that a certificate of non-forum shopping.
fact within five (5) days therefrom to
the court wherein his aforesaid  Administrative Circular No. 28-91, dated
complaint or initiatory pleading has been February 8, 1994, issued by the Supreme
filed. (Section 5) Court requires that every petition filed
with the Supreme Court or the CA must be
Effect of failure to comply accompanied by a certificate of non-forum
 Failure to comply with the foregoing, shall shopping. Later, Administrative Circular
be cause for the dismissal of the case No. 04-94 was issued and made effective
without prejudice, unless otherwise on April 1, 1994. It expanded the
provided, upon motion. certification requirement to include cases
 Indirect Contempt - The submission of filed in court and in quasi-judicial
a false certification or non-compliance agencies. The Court adopted paragraphs
with any of the undertakings above. (1) and (2) of Administrative Circular No.
 Direct Contempt - willful and deliberate 04-94 to become Section 5, Rule 7 of the
forum shopping; ground for summary 1997 Rules of Civil Procedure.
dismissal with prejudice Significantly, to curb the malpractice of
forum shopping, the rule ordains that a
Note: The rule does not apply to cases that violation thereof would constitute
arise from an initiatory or original action which contempt of court and be a cause for the
has been elevated by way of appeal summary dismissal of the petition, without
orcertiorari to higher or appellate courts or prejudice to the taking of appropriate
authorities. This is so not only because the action against the counsel of the party
issues in the appellate courts necessarily differ concerned. (Mandaue Galleon Trade, Inc. vs.
from those in the lower court, but also Isidto, G.R. No. 181051, July 5, 2010)
because the appealed cases are a continuation
of the original case and treated as only one  Certificate of non-forum shopping is not
case. required or necessary in criminal cases
and distinct causes of action. The absence
Guidelines: of a provision on non-forum shopping in
the Revised Rules of Criminal Procedure,
 The certificate is required only for unlike in the Rules on Civil Procedure,
complaints and initiatory pleadings. (Korea



suggests as much. (Gilbert Guy v. Asia (Gonzales vs. Climax Mining Ltd., G.R. No. 161957.
United Bank, G.R. No. 174874, 4 Oct. 2007) February 28, 2005)

 Under the omnibus rules implementing the  X x x Only individuals vested with
Labor Code as amended by D.O. No. 9, authority by a valid board resolution may
labor cases are supposed to be filed in the sign the certificate of non-forum shopping
Regional Office which has jurisdiction over in behalf of a corporation. Proof of said
the principal office of the employer or authority must be attached; otherwise,
where the bargaining unit is principally the petition is subject to dismissal. (Asean
situated. The rules further provide that Pacific Planners vs. City of Urdaneta, G.R. No.
where two or more petitions involving the 162525, September 23, 2008)
same bargaining unit are filed in one
Regional Office, the same shall be Non-compliance with the requirements
automatically consolidated. Hence, the on, or submission of defective,
filing of multiple suits and the possibility of verification and certification against
conflicting decisions will rarely happen in forum shopping, GUIDELINES:
this proceeding and, if it does, will be easy
to discover.  A distinction must be made between non-
compliance with the requirement on or
Notably, under the Labor Code and the submission of defective verification, and
rules pertaining to the form of the petition non-compliance with the requirement on
for certification election, there is no or submission of defective certification
requirement for a certificate of non-forum against forum shopping.
shopping either in D.O. No. 9, series of
1997 or in D.O. No. 40-03, series of 2003 As to verification, non-compliance
which replaced the former. therewith or a defect therein does not
necessarily render the pleading fatally
Considering the nature of a petition for defective. The court may order its
certification election and the rules submission or correction or act on the
governing it, we therefore hold that the pleading if the attending circumstances
requirement for a certificate of non-forum are such that strict compliance with the
shopping is inapplicable to such a Rule may be dispensed with in order that
petition. (Samma-Likha v. Samma Corp. G.R. the ends of justice may be served
No. 16714113 March 2009) thereby.

3.E.3.C.1. Requirement to a corporation Verification is deemed substantially

executing the verification/ certification complied with when one who has ample
of non-forum shopping knowledge to swear to the truth of the
allegations in the complaint or petition
The requirement that petitioner should sign signs the verification, and when matters
the certificate of non-forum shopping applies alleged in the petition have been made in
even to corporations, the Rules of Court good faith or are true and correct.
making no distinction between natural and
juridical persons. The signatory in the case of As to certification against forum
the corporation should be ―a duly authorized shopping, non-compliance therewith or a
director or officer of the corporation‖ who has defect therein, unlike in verification, is
knowledge of the matter being certified. If, as generally not curable by its subsequent
in this case, the petitioner is a corporation, a submission or correction thereof, unless
board resolution authorizing a corporate there is a need to relax the Rule on the
officer to execute the certification against ground of ―substantial compliance‖ or
forum-shopping is necessary. A certification presence of ―special circumstances or
not signed by a duly authorized person compelling reasons.‖ (Altres vs. Empleo,
renders the petition subject to dismissal. G.R. No. 180986, 573 SCRA 583, December
11, 2008)



must be stated with particularity. Malice,

3.E.3.D. Effect of the signature of intent, knowledge, or other condition of the
counsel in a pleading mind of a person may be averred generally.
(Sec. 5, Rule 8)
The signature of counsel signifies that:
1) He has read the pleading. Ultimate facts are essential facts that
2) That to the best of his knowledge, directly form the basis of the right sought to
information and belief, there are good be enforced or the defenses relied upon.
grounds to support it; and
3) That it is not interposed for delay. When a fact is essential:
When it cannot be stricken out without leaving
3.E.4. Allegations in a Pleading the statement of the cause of action or
defense insufficient.
3.E.4.A. Manner of Making Allegation
What are not ultimate facts?
Every pleading shall contain in a methodical  Evidentiary facts, which are facts
and logical form, a plain, concise and direct necessary for determination of the
statement of the ultimate facts on which the ultimate facts or the premises upon
party pleading relies for his claim or defense, which conclusions of ultimate facts are
omitting the statement of mere evidentiary based.
facts (Sec. 1, Rule 8).  Legal conclusions, conclusions or
inferences of facts from facts not
Ultimate Facts are the important and stated, or incorrect inferences or
substantial facts which either directly form the conclusions from facts stated.
basis of the plaintiff‘s primary right and duty  The details of probative matter or
or directly make up the wrongful acts or particulars of evidence, statements of
omissions of the defendant. law, inferences and arguments.
 An allegation that a contract is valid or
Evidentiary Facts are those which are void is a mere conclusion of law.
necessary to prove the ultimate fact, or which (Remitere, vs. Vda de Yulo, et. al, 16
furnish evidence of the existence of some SCRA 251)
other facts. They are not proper as allegations  Conclusions of law alleged in the
in the pleadings as they may only result in complaint are not binding on the
confusing the statement of the cause of action court.
or the defense.
Facts that may be averred generally
3.E.4.A.1. Condition Precedent
3. Condition precedent
In any pleading a general averment of the
performance or occurrence of all conditions Note: There must still be an allegation that
precedent shall be sufficient. (Sec. 3, Rule 8) the specific condition precedent has been
complied with; otherwise it will be dismissed
Condition precedent refers to matters which for lack of cause of action.
must be complied with before a cause of
action arises. (Riano, Civil Procedure) 2. Capacity to sue or be sued.
3. Capacity to sue or be sued in a
3.E.4.A.2. Fraud, mistake, malice, intent, representative.
knowledge and other conditions of the 4. Legal existence of an organization.
mind, judgments, official documents or
documents or acts Note: A party desiring to raise an issue as to
the legal existence or capacity of any party to
In all averments of fraud or mistake the sue or be sued in a representative capacity
circumstances constituting fraud or mistake shall do so by specific denial which shall



include supporting particulars within the  that at the time it was signed it was in
pleader‘s knowledge. words and figures exactly as set out in the
pleading of the party relying upon it;
5. Malice, intent, knowledge, or other  that the document was delivered; and
condition of the mind (Sec. 5, Rule 8).  that any formal requisites required by law,
6. Judgments of domestic or foreign courts, such as a seal, an acknowledgment, or
tribunals, boards, or officers; No need to revenue stamp, which it lacks, are waived
show jurisdiction (Sec. 6, Rule 8) by him.
7. Official document or act.
 X x x When the law makes use of the
Facts that must be averred with phrase ‗genuineness and due execution of
particularly the instrument‘ it means nothing more
than that the instrument is not spurious,
Circumstances showing fraud or mistake. counterfeit, or of different import on its
If the plaintiff is a foreign corporation, it must face from the one executed. It is equally
affirmatively aver the following: true, however, that execution can only
refer to the actual making and delivery,
 The specific circumstance that it is duly but it cannot involve other matters
licensed to do business in the without enlarging its meaning beyond
Philippines; or reason. The only object of the rule was to
 Even if not licensed to do business in enable a plaintiff to make out a prima
the Philippines, the transaction is an facie, not a conclusive case, and it cannot
isolated. preclude a defendant from introducing any
defense on the merits which does not
Ways of challenging a party‘s capacity to sue contradict the execution of the instrument
and be sued introduced in evidence. (Benguet
Exploration vs. CA, G.R. No. 117434. February
 By specific denial. 9, 2001)
 By a motion to dismiss.
 By a motion for bill of particulars. Exceptions:
 When the adverse party was not a party
3.E.4.B. Pleading an Actionable to the instrument; or
Document  When the order for the inspection of the
document was not complied with.
Actionable document is a document or  When document need not be formally
instrument which is the basis of a cause of offered in evidence
action or defense, and not merely evidentiary
thereon. (Araneta, Inc. v. Lyric Film Exchange, Note: A variance in the substance of the
Inc. 58 Phil 736) document set forth in the pleading and the
document annexed thereto does not warrant
General Rule: When an actionable document the dismissal of an action. The content of the
is properly alleged, failure to deny the same documents annexed shall prevail.
under oath (verification) shall result to: The
implied admission of the genuineness and How to contest an actionable document
due execution of the document. a) By specific denial of the due execution and
The admission of the due execution and b) By under oath (verification); and
genuineness of a document simply means c) By seeting forth what is claimed to be
facts. (Sec. 8, Rule 8)
 that ―the party whose signature it bears
admits that he signed it or that it was Genuineness is alleged by:
signed by another for him with his 1) Copying a substantial portion of the
authority; document into the pleading;



2) Annexing or incorporating the document 3.E.4.C. Specific Denials

into the pleading; and
3) Both copying and annexing the document A defendant must specify each material
into the pleading. allegation of fact the truth of which he does
not admit and whenever practicable, set forth
Due execution – that the document was the substance of the matters upon which he
signed voluntarily and knowingly by the party relies to support his denial.
whose signature appears thereon, that if
signed by somebody else, such representative Note: To be considered a specific denial, it
had the authority to do so, that it was duly must conform to the provisions of Rule 8, Sec.
delivered, and that the formalities were 10:
Specify each material allegation of fact the
Failure to deny the genuineness and due truth of which he does not admit, and
execution of the document does not amount whenever practicable, set forth the substance
to a waiver. It does not stop a party from of the matters upon which he relies to support
controverting such by evidence of: his denial;

a) Fraud Specify so much of the averment as is true

b) Mistake and material and deny the remainder; or
c) Duress
d) Want/illegality of consideration State defendant‘s lack of knowledge or
e) Compromise information sufficient to form a belief as to the
f) Payment truth of a material averment made in the
g) Statute of limitations complaint.
h) Estoppel
i) Minority or imbecillity Three ways of making a specific denial

Defenses waived by admission: Specific absolute denial- By specifically

1) Forgery of signature. denying the averment and, whenever
2) The party charged signed the instrument practicable, setting forth the substance of the
in some other capacity. matters relied upon for such denial.
3) Want of authority of an agent.
4) Corporation was not authorized under the Partial specific denial - Part admission and
charter to sign the instrument. part denial.
5) Want of delivery; or
6) The document as signed was not in words Disavowal of knowledge - By an allegation
and figures exactly set out in the pleading. of lack of knowledge or information sufficient
to form a belief as to the truth of the
Note: Failure to specifically deny under oath averment in the opposing party‘s pleading.
the genuineness and due execution of an
actionable document generally implies an Note: This does not apply where the fact as
admission of the same by the other party. to which want of knowledge is asserted is, to
However, such implied admission is deemed the knowledge of the court, so plain and
waived if the party asserting the same has necessarily within the defendant‘s knowledge
allowed the adverse party to present evidence that his averment of ignorance must be
contrary to the contents of such document palpably untrue.
without objection. (Central Surety v. Hodges, 38
SCRA 159 [1971]) Not deemed admitted if not specifically
a) Unliquidated damages. (Rule 8, Sec. 11)
b) Allegations immaterial to the cause of



c) Allegations where no answer has been Exceptions:

d) Conclusions of law. 1. Lack of jurisdiction
2. Litis pendencia
3.E.4.C.1. Effect of failure to make 3. Res judicata
specific denials 4. Prescription of the action (Sec. 1, Rule 9)

Where the allegation is not specifically denied  The court shall dismiss the claim if any of
it shall be considered as having been admitted these grounds appears from the pleadings
by the party against whom such allegations or the evidence on record. These defenses
are directed against. may be raised at any stage of the
proceedings even for the first time on
3.E.4.C.2. When a specific denial appeal EXCEPT that lack of jurisdiction
requires an oath (verification) over the subject matter may be barred by
laches. (Tijam vs. Sibonghanoy, 23 SCRA 29)
1. The denial of the genuineness and due
execution of an actionable document A compulsory counterclaim or a cross-claim
2. The denial of allegations of usury in a not set up shall be bared (Rule 9, Sec.2)
complaint to recover usurious interest.
Note: The presence of the said grounds
Deemed admitted even if specifically authorizes the court to motu proprio to
denied but not under oath: (Sec. 12, Rule 8) dismiss the claims. These grounds must,
 Allegations as to usury however, appear from the pleadings or the
 Authenticity and due execution of evidence on record. Moreover, may be raised
actionable documents properly pleaded, at any stage of the proceedings even for the
where the opposing party was a party first time on appeal except estoppel by laches.
Effect of failure of the defendant to file
Note: The law requires that their denial must an answer
be under oath.
General Rule: If the defending party fails to
3.E.5. Effect of Failure to Plead answer within the time allowed therefore, the
court, upon motion, shall declare him in
Default may occur when the defending party default.
fails to file his answer within the reglementary
period. It does not occur from the mere failure Exceptions: In the following cases, no
of the defendant to attend the trial. The court default may be declared:
cannot motu propio declare the defendant in  Annulment of marriage;
default. There must be a requisite motion so  Declaration of nullity of marriage;
that the defending party can be declared in  Legal separation;
default  Special civil actions of certiorari,
prohibition, and mandamus (comment is
A declaration of default is not an admission of filed);or
the truth or validity of the plaintiff‘s claim  Summary procedure
(Vlason Enterprises Corp. vs. CA, 310 SCRA 26).
3.E.5.B. Failure to Plead a Compulsory
3.E.5.A. Failure to Plead Defenses and Counterclaim and Cross-claim
Objections A compulsory counterclaim, or a cross-claim
not set up shall be barred.
General Rule: Defenses and objections not
pleaded either in a motion to dismiss or in the
answer are deemed waived. (Omnibus Motion



3.E.6. Default answer; and there must be a hearing to

declare the defendant in default.
The failure of the defendant to answer within
the proper period. It is neither his failure to Order of default
appear nor failure to present evidence.
 Issued by the court on plaintiff‘s motion
Requisites for a declaration of default: and at the start of the proceedings, for
failure of the defendant to file his
 Defendant fails to answer within the time responsive pleading seasonably.
allowed therefore;  The order of default renders the
 There must be a motion to declare the defending party in default. The court shall
defendant in default; thereupon either: a) proceed to render
 There must be a notice to the defendant judgment granting the claimant such relief
by serving upon him a copy of such as his pleading may warrant, or b) in its
motion; and discretion, shall require the claimant to
 There must be proof of such failure to submit evidence. The reception of
answer. evidence may be delegated to the clerk of
court (Sec. 3, Rule 9)
Other grounds to declare a party in
default: 3.E.6.B. Effect of an order of default

 Non-compliance or insufficient compliance The party in default is not entitled to take part
with the order of the court to file a bill of in the trial; he is only entitled to receive notice
particulars. of subsequent proceedings.
 Refusal to comply with the modes of
discovery. The party in default may still be called on as a
 Failure to furnish plaintiff with a copy of witness, in behalf of the non-defaulting
the Answer. defendant. (Cavili vs. Florendo 154 SCRA 610).

Note: If an amended complaint is filed The court shall proceed to render judgment
resulting in a withdrawal of the original granting the claimant such relief as his
complaint, and defendant was declared in pleading may warrant, unless the court in its
default for failing to answer the original discretion requires the claimant to submit
complaint, the defendant is entitled to answer evidence.
the amended complaint as to which he was
not in default. Judgment by default

3.E.6.A. When a declaration of default is Judgment rendered by the court on the basis
proper of the complaint or after receiving plaintiff‘s
evidence when the defendant was declared in
To declare the defendant in default the default.
following requisites must be present:
General Rule: There is no judgment by
The court must have validly acquired default without an order of default.
jurisdiction over the person of the defendant
either by service of summons or voluntary Exception: When a party fails to appear
appearance; The defendant fails to answer before the officer who is to take his deposition
within the time allowed therefore; There must or fails to serve answers to interrogatories.
be a motion to declare the defendant in (Sec. 5, Rule 29)
default; There must be notice to the
defendant by serving upon him a copy of such Note: A judgment rendered against a party in
motion; There must be proof of such failure to default shall not exceed the amount or be



different in kind from that prayed for nor Against the ORDER of default
award unliquidated damages.
Motion to set aside the order of default
3.E.6.C. Relief from an order of default (BDO vs. Transipek, supra) on the ground of:
fraud, accident, mistake, or excusable
The party in default may after notice of the negligence (FAME)
order of default and before judgment file a
Motion to lift the order of the default (BDO vs.  If motion to set aside is denied, Motion for
Transipek, G.R. No. 181235, July 22, 2009) and Reconsideration.
show:  If motion for reconsideration is denied,
there is no remedy left because such
That the failure to answer was due to fraud, order is interlocutory. Unless there is
accident, mistake or excusable negligence, grave abuse of discretion, where the
and remedy is a Petition for Certiorari (Rule 65)
That he has a meritorious defense appearing
in his affidavit of merit. Against the JUDGMENT by default:

3.E.6.D. Effect of a partial default  Motion for Reconsideration.

 Motion for New Trial.
Partial default  If denied, Appeal the judgment.
There is partial default when there is a claim  Petition for Relief from Judgment or
or suit upon a common cause of action against Petition for Relief from Denial of Appeal.
several defending parties and where at least (Rule 38, Section 1 or 2)
one of them files an answer. Those who  If denied, Petition for Annulment of
failed to file an answer are declared in default. Judgment. (Rule 47)

Note: If the answering defendant succeeds in Notes:

defeating the claim of the plaintiff, such result
inures to the benefit of the defaulting  Meritorious defense is a statement of the
defendants. evidence which defendant intends to
present if the motion is granted and which
 If the co-defendant who filed his answer will warrant a reasonable belief that the
died and the case was dismissed as to result would probably be different if new
him, the answer he filed does not inure to trial is granted.
the benefit of the defaulting defendants.  Where the defendant was improperly
 If the defenses alleged by the co- declared in default and the order is not
defendant are personal to him, the same lifted, he can elevate the matter by
will not inure to the benefit of his co- certiorari without waiting for the judgment
defendants in default. by default.
 If a default judgment was already
Effect of Partial Default rendered, he can also resort immediately
to certiorari because his challenge is on
The court will try the case against ALL the nullity of both the order and the
defendants upon the answer of some EXCEPT judgment by default.
where the defense is personal to the one who  An order of default and an order denying
answered, in which case, it will not benefit a motion for reconsideration of the default
those who did not answer. order are NOT appealable as they are
merely interlocutory orders.
Remedies of a party declared in default:  An order denying a petition for relief,
seeking to set aside an order of default is
The following are the alternative and final and therefore, appealable.
successive remedies of a party declared in
default:  An instance when no order of default
is issued by the court, yet defendant



cannot reasonably demand to be

furnished with copies of orders and That may be granted to claimant – where the
processes. defendant is declared in default and
subsequently judgment is rendered against
 If a party declared in default is entitled to him such judgment shall not exceed the
notice of subsequent proceedings, all the amount or be different in kind from that
more should a party who has not been prayed for nor award unliquidated damages.
declared in default be entitled to such
notice. But what happens if the residence 3.E.6.F. Action where default is not
or whereabouts of the defending party is allowed
not known or he cannot be located? In
such a case, there is obviously no way 1. Annulment of marriage.
notice can be sent to him and the notice 2. Declaration of nullity of marriage.
requirement cannot apply to him. The law 3. Legal separation.
does not require that the impossible be 4. Special civil actions of certiorari,
done. Nemo tenetur ad impossibile. The prohibition, and mandamus (comment is
law obliges no one to perform an filed); or
impossibility. Laws and rules must be 5. Summary procedure.
interpreted in a way that they are in
accordance with logic, common sense, 3.F. FILING AND SERVICE OF
reason and practicality. (Santos vs. PNOC PLEADINGS, JUDGMENTS, FINAL
Exploration Corporation, G.R. No. 170943, ORDERS AND RESOLUTIONS
September 23, 2008)
Filing is the act of presenting the pleading or
 If defendant is declared in default, plaintiff other papers to the clerk of court
is to present evidence ex parte
Service is the act of providing a party with a
 The plaintiff is not automatically entitled copy of pleading or paper concerned
to the relief prayed for. The law gives the
defendant some measure of protection as 3.F.1. Payment of docket fees
the plaintiff must still prove the allegations
in the complaint. (Saguid vs. Court of It is not simply the filing of the complaint or
Appeals, G.R. No. 150611, June 10, 2003)
appropriate initiatory pleading but the
payment of the prescribed docket fee that
Order of default distinguished from
vests a trial court with jurisdiction over the
judgment by default
subject matter of the action (Proton Pilipinas,
Order of Default Judgment by Default
Issued by the court, on Rendered by the court
plaintiff‘s motion for following a default order
 Nonpayment at the time of filing does not
failure of the or after it received, ex automatically cause the dismissal of the
defendant to file his parte, plaintiff‘s case, as long as the fee is paid within the
responsive pleading evidence. prescriptive or reglementary period
seasonably. (PAGCOR vs. Lopez, 474 SCRA 76)
Interlocutory, not Final, appealable.
appealable.  If the amount of docket fees is insufficient
considering the amount of the claim, the
Note: A judgment by default is always party filing the case will be required to pay
preceded by an order of default. There is only the deficiency, but jurisdiction is not
one exception to this and that is provided automatically lost (Rivera vs. Del Rosario,
under Rule 29, Sec. 3, par. c which is the 419 SCRA 626)
refusal to comply with the modes of discovery.
 The right to appeal is a purely statutory
3.E.6.E. Extent of relief right. Not being a natural right or a part of



due process, the right to appeal may be judgment personally to

exercised only in the manner and in the clerk of court.
accordance with the rules provided
therefore. For this reason, payment of the 3.F.3. Periods of Filing Pleadings
full amount of the appellate court docket
and other lawful fees within the Upon motion and on such terms as may be
reglementary period is mandatory and just, the court may extend the time to plead,
jurisdictional. Nevertheless, as this Court or allow an answer or other pleading to be
ruled x x x, the strict application of the filed after the time fixed by the rules.
jurisdictional nature of the above rule on
payment of appellate docket fees may be Once granted, the extension of time starts
mitigated under exceptional circumstances from the end of the original reglementary
to better serve the interest of justice. It is period. It begins to run whether or not the
always within the power of this Court to movant/grantee has knowledge of such action
suspend its own rules, or to except a of the granting court. Notice, in this instance,
particular case from their operation, is unimportant as lawyers should never
whenever the purposes of justice require presume that their motions for extension or
it. (Bautista vs. Unangst, G.R. No. 173002, July postponement would be granted. It behooves
4, 2008) them to follow up on their motions, for the
mere filing of the same is not enough.
3.F.2. Filing versus service of pleadings
Note: Personal filing and service is the
FILING SERVICE preferred mode under Section 6, Rule 13 of
Filing is made by Serviceis the act of the Rules of Court.
presenting the original providing a party
copy of the pleading, with a copy of
notice, appearance, pleading or paper
motion, order or couriered.



Periods of filing pleadings

10 days 15 days 30 days 60 days

1. Answer to the 1. Answer to the Answer of a defendant Sec 15 Rule 14 extraterritorial
amended complaint complaint, after service foreign private juridical service, after notice
NOT as a matter of of summons unless a entity and service is
right, from notice of different period is fixed made on the
the order admitting the by court (First government official
same (First sentence, paragraph, Section 1, designated by law,
second paragraph, Rule 11) after receipt of
Section 3, Rule 11). summon by such entity
2. Answer to amended (Section 2, Rule 11)
2. Answer to complaint as a matter of
counterclaim or cross right, after being served
claim, from service with a copy. (First
(Section 4, Rule 11). paragraph, Section 3,
Rule 11)
3. Reply, from service
of the pleading 3. Answer to third
responded to (Section (fourth, etc) party
6, Rule 11) complaint (Section 5,
Rule 11)
4. Answer to
complaint, from the
order admitting the
same. (Section 7, Rule

Note: Rules on answer to an amended residence, if known, with postage fully

complaint shall apply to amended paid, and with the instruction to the
counterclaim, amended cross claim, amended postmaster to return the mail to the
third (fourth, etc) party complaint, and sender after 10 days if not delivered
amended complaint in intervention. (Sec. 7, Rule 13)

3.F.4. Manner of Filing 3.F.5. Modes of service

1. By presenting the original copy of the Service is the act of providing a party with a
pleading, notice, appearance, motion, copy of pleading or paper concerned.
order or judgment personally to the
clerk of court; or Personal service is made by:
2. By registered mail which must be
through the Registry Service. Delivering a copy of the papers served to the
party or his counsel or
Service by ordinary mail may be Leaving a copy at the party‘s or counsel‘s
done only if no registry service available residence, if known, with a person of sufficient
in the locality of either the sender or the age and discretion residing therein, if no
addressee (Sec. 7, Rule 13) person is found in his office or if his office is
Service by Registered mail shall be not known, by leaving the papers in his office
done by depositing the copy in the post with his clerk or a person having charge
office, in a sealed envelope, plainly thereof.
addressed to the party or his counsel at
his office, if known, or otherwise at his



3.F.5.A. 3.F.5.B. 3.F.5.B.
How Done
Delivering personally a copy By depositing a copy with Posting via ordinary Delivering a copy to
to the party or his counsel, the post office, in a sealed mail (only when the Chief Clerk of
envelope, plainly addressed registered service is not Court and not with
to the party/his counsel at available in the locality) the branch clerk of
his office / residence, with court with proof of
postage fully pre-paid failure of both
personal service and
service by mail
Leaving a copy in counsel‘s …with instructions to the
office with his clerk or with a postmaster to return it to
person having charge sender after 10 days, if
thereof, undelivered
Leaving the copy (between
8am-6pm) at party‘s or
counsel‘s residence, with a
person of sufficient age and
discretion then residing
Upon actual delivery Upon actual receipt by the Upon actual receipt by At the time of
addressee, or after 5 days the addressee, or 10 delivery to the clerk
from the date the addressee days after mailing, of court
received the first notice of whichever date is earlier
the Post Master, whichever
date is earlier
Proof of Service
1. Written admission of Affidavit of the party serving Affidavit of the person
the party served, containing a full statement of mailing that a copy of
2. Official Return of the the date, place, and manner the pleading was
server, of service, and deposited in the post
office, in a sealed
Affidavit of the party Registry receipt issued by envelope, plainly
serving containing a the mailing office addressed to the
full statement of the party/his counsel at his
date, place, and office/residence, with
manner of service postage fully pre-paid
Proof of Filing
Existence in the records of Registry Receipt and by the N/A
the case; otherwise, by the Affidavit of the person who
written or stamped mailed
acknowledgment of its filing
by the clerk of court on a
copy of the same
Proof of Receipt
Registry return card
Note: Registry Return Card
shall be filed immediately
upon its receipt by the



3.F.5.A. 3.F.5.B. 3.F.5.B.
sender, or in lieu thereof, the
unclaimed letter together
with the certified/sworn copy
of the notice given by the
Post Master to the addressee

3.F.5.D. Service of judgments, final upon the expiration of ten (10) days after
orders, or resolutions mailing, unless the court otherwise provides.
Service by registered mail is complete upon
Judgments, final orders or resolutions shall be actual receipt by the addressee, or after five (5)
served either personally or by registered mail. days from the date he received the first notice
When a party summoned by publication has of the postmaster, whichever date is earlier.
failed to appear in the action, judgments, final (Section 10, Rule 13)
orders or resolutions against him shall be
served upon him also by publication at the 3.G. AMENDMENT
expense of the prevailing party. (Section 9, Rule
13) Amendment is the correction of an error
committed in any process, pleading, or
3.F.5.E. Priorities in Modes of Service proceeding at law, or in equity, and which is
and Filing: done either as of course, or by the consent of
the parties, or upon motion to the court in
Whenever practicable, the service and filing of which the proceeding is pending.
pleadings and other papers shall be done
PERSONALLY, EXCEPT with respect to papers Supplemental - refers to the process of
emanating from the court. A resort to other adding to a thing to complete it. It is made in
modes must be accompanied by a written addition to a previous one, in order to supply
explanation why the service or filing was not some deficiency in it. It refers to one filed for
done personally. (Sec. 11, Rule 13) the purpose of correcting, adding to, and
explaining a pleading already filed.
Note: Service by ordinary mail may be done
only if no registry service is available in the Amended pleadings may be made by:
locality of either the sender or the addressee
(Sec. 7, Rule 13) 1. Adding or striking out an allegation or the
name of any party; or
If the party avails of a private courier, the date 2. Correcting a mistake in the name of a
the court actually receives the pleading is party or a mistaken or inadequate
deemed the date of filing. allegation or description in any other
respect. (Sec. 1, Rule 10)
Service or filing of a copy of a pleading by
courier is not allowed. Service and Filing of Classes of Amendment
pleadings by a courier is a mode not provided
in the Rules. (Panlilio et al v. Planters Dev. Bank, 1) Amendment as a matter of right.
GR. No. 193650, October 8, 2014). 2) Amendment by leave of court.
3) Formal amendment.
3.F.5.F. When service is deemed complete 4) Amendments to conform to or authorize
presentation of evidence.
Personal service is complete upon actual
delivery. Service by ordinary mail is complete



3.G.1. Amendment as a matter of right made shall serve the higher interests of
(Sec. 2, Rule 10) substantial justice, and prevent delay and
equally promote the laudable objective of
At any time before a responsive pleading is the rules which is to secure a "just,
served; or speedy and inexpensive disposition of
At any time within 10 days after a Reply is every action and proceeding. The courts
served. should be liberal in allowing amendments
to pleadings to avoid a multiplicity of suits
A Motion to Dismiss is not a responsive and in order that the real controversies
pleading. Plaintiff can still amend the between the parties are presented, their
complaint after such motion has been filed rights determined, and the case decided
(Remington Industrial Sales vs. CA, 382 SCRA 499). on the merits without unnecessary delay.
(Lisam Enterprise vs. BDO Unonbank, G.R. No.
Amendment as a matter of right may, by the 143264, April 23, 2012)
terms of Sec. 2 Rule 10, be made only ONCE.
 Prior to the filing of an answer, the
3.G.2. Amendments by leave of court plaintiff has the absolute right to amend
(Sec 3, Rule 10) the complaint whether a new cause of
action or change in theory is introduced.
When amendment is substantial (affecting the The reason for this rule is implied in the
cause of action alleged in the complaint), it subsequent Section 3 of Rule 10[18].
may only be done with leave of court. Such Under this provision, substantial
leave may be refused if it appears to the court amendment of the complaint is not
that the motion was made with intent to allowed without leave of court after an
delay. answer has been served, because any
material change in the allegations
Note: Even if the amendment is substantial, contained in the complaint could prejudice
no leve of court is required if made as a the rights of the defendant who has
matter of right. already set up his defense in the answer.
(Remington Industrial vs. CA, G.R. No. 133657,
Amendment for the second or subsequent May 29, 2002)
time must always be with leave of court. This
is true even if an answer is yet to be filed or When amendment by leave of court is
even if the case is yet to be set for trial. improper

Amendment for the complaint is now allowed Where the court has no jurisdiction over the
even if an order for its dismissal has been original complaint and the purpose of the
issued provided that the amended complaint is amendment is to confer jurisdiction;
filed before the dismissal order became final
and executory. When it appears that the motion to
amendment would have the effect of delaying
 A responsive pleading having been filed, the proceedings or is made with intent to
amendments to the complaint may, delay the action.
therefore, be made only by leave of court
and no longer as a matter of right. X x x When it will result in a change of cause of
The clear import of such amendment in action or defense or change the theory of the
Section 3, Rule 10 is that under the new case;
rules, "the amendment may (now)
substantially alter the cause of action or When the amendment will result to an
defense." This should only be true, inconsistency with the allegations in the
however, when despite a substantial original pleading.
change or alteration in the cause of action
or defense, the amendments sought to be



Note: If the original complaint is for the pleadings to be amended and shall do so with
nullification and declaration as null and void of liberality if the presentation of the merits of
the promissory note and the real estate and the action and the ends of substantial justice
chattel mortgage and the amended pleading will be subserved thereby.
prays for the reformation of the real and
chattel mortgage, it was held that The court may grant a continuance to enable
―Nullification‖ and ―Reformation‖ are the amendment to be made.
inconsistent with each other, hence, improper.
(Guzman-Castillo vs. Court of Appeals, 159 SCRA 3.G.5. Supplemental Pleadings
Upon motion of a party, the court may, upon
When the plaintiff had no cause of action at reasonable notice and just terms, permit
the time of the filing of the original complaint service of a supplemental pleading which sets
and the purpose of the amendment is to forth a cause of action that accrued after the
introduce a subsequently acquired cause of filing of the original complaint. (Sec. 6, Rule 10)
action. A cause of action, which has not yet
accrued, cannot be cured by amendment or This is allowed only if there is a valid
supplemental pleadings. subsisting cause of action at the time the
original complaint was filed.
3.G.3. Formal Amendment
The adverse party may plead thereto within
This can be made at any stage of the action in 10 days from notice of the order admitting the
order for the court to summarily correct any supplemental pleadings.
defect in the designation of parties and other
clearly clerical or typographical errors, Amended pleadings vs. Supplemental
provided, no prejudice is caused thereby to pleadings
the adverse party. (Sec. 4, Rule 10)
Amended Pleadings
3.G.4. Amendments to conform to or Pleadings
authorize presentation of evidence Refers to facts existing Refers to facts arising
at the time of the after the filing of the
Amendments to conform to evidence commencement of the original pleading.
When issues not raised by the pleadings are Supersedes the original Taken together with
pleading. the original pleading.
tried with the express or implied consent of
Can be made as a Always with leave of
the parties, they shall be treated in all matter of right as when court.
respects as if they had been raised in the no responsive pleading
pleadings. has yet been filed.

An amendment of the pleadings is caused to 3.G.6. Effect of Amended Pleadings

make such pleadings conform to the evidence.
It may be made upon motion of any party at An amended pleading supersedes the pleading
any time, even after judgment. However, it amends.
failure to amend does not affect the result of
the trial of these issues. Admissions in superseded pleadings may be
received in evidence against the pleader.
Amendments to authorize presentation
of evidence: Claims or defenses alleged in the superseded
pleadings which are not incorporated in the
If evidence is objected to at the trial on the amended pleading shall be deemed waived.
ground that it is not within the issues made by
the pleadings, the court may allow the



Note: Absence of a certification against right to due process, it is to give notice to the
forum shopping shall not be curable by defendant that an action has been
amendment of the complaint or pleading; it commenced against him.
shall be cause for the dismissal of the case
without prejudice. However, if the acts of Alias Summons is issued when the first
party or counsel clearly constitute willful and summons has not produced its effect because
deliberate forum shopping, such shall be a it is defective in form or manner of service,
ground for dismissal with prejudice and and when issued, supersedes the first (Sec. 5,
constitute direct contempt. Rule 14).

 Notice of lis pendens is a notice of Issued when:

pendency of an action between the
parties involving to or right of 1. Returned without being served; or
2. Lost.
possession over real property (Sec. 14,
Rule 13).
 However, upon the issuance and the
Purpose of Notice of Lis Pendens proper service of new summons x x x
whatever defect attended the service of
To announce to the whole world that a the original summons, was promptly and
particular real property is in litigation, serving accordingly cured. X x x A case should not
as a warning that one who acquires an be dismissed simply because an original
interest over the said property does so at his summons was wrongfully served. It should
own risk. be difficult to conceive, for example, that
when a defendant personally appears
When Available before a Court complaining that he had
not been validly summoned, that the case
In an action affecting the title or right of against him should be dismissed. An alias
possession of real property, the plaintiff or summons can be actually served on said
defendant, when affirmative relief is claimed defendant. (BPI vs. Sps Santiago, G.R. No.
169116, March 28, 2007)
in his answer, may record a notice of the
pendency of the action in the Office of the
Summons Will Issue: Upon filing of the
Registry of Deeds of the province where the
complaint and the payment of the requisite
property is situated.
legal fees.

Who Issues: The Clerk of Court

When a Notice of Lis Pendens be
Requisites of a Valid Summons:
 It shall be directed to the defendant.
Only upon order of the court, after proper
 It must be signed by the clerk of court
showing that the notice is:
under seal.
a) For the purpose of molesting the adverse
party; or
It must contain the following:
b) Not necessary to protect the rights of the
 The name of the court and the names of
party who caused it to be recorded.
the parties of the action.
 A direction that the defendant answer
within the time fixed by the law.
 A notice that unless the defendant
Summons is the writ or process of securing
answers, plaintiff will take judgment by
appearance of the defendant (Sec. 1, Rule 14).
default and may be granted the relief
It is an order from the court directing the
applied for. (Sec. 2, Rule 14)
defendant to file his responsive pleading
within the period provided for. Pursuant to a



Note: A copy of the complaint and order for 3.H.1. Nature and Purpose of Summons
appointment of guardian ad litem, if any, shall in Relation to Actions in Personam, in
be attached to the original and each copy of Rem and Quasi in Rem
the summons.
Nature of Summons
Summons Served by Whom:
Issuance of summons is not discretionary on
 Sheriff; the part of the clerk of court but it is a
 Sheriff‘s deputy or other proper court mandatory requirement. (Section 1, Rule 14)
 For justifiable reasons, by any suitable Purpose of Summons
persons authorized by the court issuing
the summons. In an Action in Personam:
 Also, a warden in case the person to be
served is a prisoner (see rules on  to notify the defendant of the against him;
 to acquire jurisdiction over his person
Effect of non-service or irregular service (Umandap vs. Sabio, 339 SCRA 243)
of summons
 In an action in personam, personal service
Unless there is waiver, non-service or irregular of summons or, if this is not possible and
service renders all subsequent proceedings he cannot be personally served,
and issuances null and void, including the substituted service, as provided in Rule
order of default, judgment by default, and the 14, sections 7-8 is essential for the
order of execution, because jurisdiction over acquisition by the court of jurisdiction over
the person of the defendant was not acquired. the person of a defendant who does not
voluntarily submit himself to the authority
 Return – when the service has been of the court. If defendant cannot be
completed, the server shall within five (5) served with summons because he is
days therefrom, serve a copy of the temporarily abroad, but otherwise he is a
return, personally or by registered mail, to Philippine resident, service of summons
the plaintiff‘s counsel, and shall return the may, by leave of court, be made by
summons to the clerk, who issued it, publication. Otherwise stated, a resident
accompanied by proof of service. (Sec. 18, defendant in an action in personam, who
Rule 14) cannot be personally served with
Admissible as evidence without offer. summons, may be summoned either by
means of substituted service in
Cases: accordance with Rule 14, section 8 or by
publication as provided in sections 17 and
 Another summons must be served only 18 of the same Rule. (Valmonte vs. CA, G.R.
when the amended complaint alleges new No. 108538, January 22, 1996)
causes of action.
 As petitioner Lourdes A. Valmonte is a non
 The rule is that it is only when new causes resident who is not found in the
of action are alleged in an amended Philippines, service of summons on her
complaint filed before the defendant has must be in accordance with Rule 14,
appeared in court that another summons section 17 (extraterritorial). Such service,
must be served on the defendant with the to be effective outside the Philippines,
amended complaint. (De Dios vs. Court of must be made either (1) by personal
Appeals, G.R. No. 80491, August 12, 1992) service; (2) by publication in a newspaper
of general circulation in such places and
for such time as the court may order, in



which case a copy of the summons and found in the country, summons may be
order of the court should be sent by served extraterritorially (Valmonte vs. CA.
registered mail to the last known address Supra) in accordance with Rule 14, section
of the defendant; or (3) in any other 15, which provides:
manner which the court may deem
sufficient. (Ibid)  Section 15. Extraterritorial service. - When
the defendant does not reside and is not
 Term ―dwelling house‖ or ―residence‖ are found in the Philippines and the action
generally held to refer to the time of affects the personal status of the plaintiff
service; hence, it is not sufficient to leave or relates to, or the subject of which is,
the summons at the former‘s dwelling property within the Philippines, in which
house, residence or place of abode, as the the defendant has or claims a lien or
case may be. Dwelling house or residence interest, actual or contingent, or in which
refers to the place where the person the relief demanded consists, wholly or in
named in the summons is living at the part, in excluding the defendant from any
time when the service is made, even interest therein, or the property of the
though he may be temporarily out of the defendant has been attached within the
country at the time. It is, thus, the Philippines, service may, by leave of court,
service of the summons intended for the be effected out of the Philippines by
defendant that must be left with the personal service as under Section 6; or by
person of suitable age and discretion publication in a newspaper of general
residing in the house of the defendant. X circulation in such places and for such
x x The service of the summons on a time as the court may order, in which case
person at a place where he was a visitor is a copy of the summons and order of the
not considered to have been left at the court shall be sent by registered mail to
residence or place or abode, where he has the last known address of the defendant,
another place at which he ordinarily stays or in any other manner the court may
and to which he intends to return. deem sufficient. Any order granting such
(Domagas vs. Jensen, Supra) leave shall specify a reasonable time,
which shall not be less than sixty (60)
In an Action in Rem or Quasi in Rem: days after notice, within which the
defendant must answer.
 Service of summons in the manner
provided in section 17 (extraterritorial 3.H.2. Voluntary Appearance
service of summons) is not for the
purpose of vesting it with jurisdiction but General Rule: Any form of appearance in
for complying with the requirements of court, by the defendant, by his agent
fair play or due process, so that he will be authorized to do so, or by attorney, is
informed of the pendency of the action equivalent to service of summons.
against him and the possibility that
property in the Philippines belonging to Exception: Where such appearance is
him or in which he has an interest may be precisely to object to the jurisdiction of the
subjected to a judgment in favor of the court over the person of the defendant.
plaintiff and he can thereby take steps to
protect his interest if he is so minded (PCI Note: Inclusion in a Motion to Dismiss of
Bank vs. Alejandro 533 SCRA 738). other grounds aside from lack of jurisdiction
over the person of the defendant shall not be
 If the action is in rem or quasi in rem, deemed a voluntary appearance.
jurisdiction over the person of the
defendant is not essential for giving the  For the court to acquire jurisdiction over
court jurisdiction so long as the court the person of the defendant by voluntary
acquires jurisdiction over the res. If the appearance, there must be an
defendant is a nonresident and he is not ―unequivocal submission‖ (and intentional



submission) of himself to the jurisdiction and to lift order of default with motion for
of the court. So if it is equivocal then the reconsideration -- are considered
court does not acquire jurisdiction. voluntary submission to the jurisdiction of
the court. Having invoked the trial court‘s
Jurisdiction over the person must be jurisdiction to secure affirmative relief,
seasonably raised, i.e., that it is pleaded in respondents cannot -- after failing to
a motion to dismiss or by way of an obtain the relief prayed for -- repudiate
affirmative defense. Voluntary appearance the very same authority they have
shall be deemed a waiver of this defense. invoked. (Oaminal vs. Castillo, G.R. No.
The assertion, however, of affirmative 152776, October 8, 2003)
defenses shall not be construed as an
estoppel or as a waiver of such defense. X
x x It would be absurd to hold that Effects of Voluntary Appearance
petitioner unequivocally and intentionally
submitted itself to the jurisdiction of the  Defendant‘s voluntary appearance in the
court by seeking other reliefs to which it action shall be equivalent to service of
might be entitled when the only relief that summons.
it can properly ask from the trial court is  Whatever defect there was in the mode of
the dismissal of the complaint against it. service is deemed waived and the court
(Millenium Industrial Commercial Corporation acquires jurisdiction over the person of
vs. Tan, G.R. No. 131724, February 28, 2000) the defendant by his voluntary submission
 Thus, a defendant who files a motion to  The filing of motions seeking affirmative
dismiss, assailing the jurisdiction of the relief, such as, to admit answer, for
court over his person, together with other additional time to file answer, for
grounds raised therein, is not deemed to reconsideration of a default judgment, and
have appeared voluntarily before the to lift order of default with motion for
court. What the rule on voluntary reconsideration, are considered voluntary
appearance—the first sentence of the submission to the jurisdiction of the court.
above-quoted rule—means is that the
voluntary appearance of the defendant in  For purposes of the rule on summons, the
court is without qualification, in which fact of doing business must first be
case he is deemed to have waived his ―established by appropriate allegations in
defense of lack of jurisdiction over his the complaint‖ and the court in
person due to improper service of determining such fact need not go beyond
summons. (Garcia vs. Sandiganbayan, G.R. the allegations therein. A general
No. 170122, October 12, 2009) allegation, standing alone, that a party is
doing business in the Philippines does not
 Assuming arguendo that the service of make it so. (Hongkong and Shanghai
summons was defective, such flaw was Banking Corporation Limited vs. Catalan, 440
cured and respondents are deemed to SCRA 498)
have submitted themselves to the
jurisdiction of the trial court when they 3.H.3.Personal Service (Service in
filed an Omnibus Motion to Admit the Person)
Motion to Dismiss and Answer with
Counterclaim, an Answer with Summons shall be served by:
Counterclaim, a Motion to Inhibit, and a
Motion for Reconsideration and Plea to  Handing a copy thereof to the defendant
Reset Pre-trial. The filing of Motions in person, or
seeking affirmative relief -- to admit  Tendering it to him, if he refuses to
answer, for additional time to file answer, receive and sign for it. (Sec. 6, Rule 14)
for reconsideration of a default judgment,



Note: Under the present rule, Sec. 6, Rule 14 SEC. 12. Service upon foreign private juridical
refers to the mode of service therein as entity. — When the defendant is a foreign
―Service in Person on defendant‖ not private juridical entity which has transacted
―personal‖ service. business in the Philippines, service may be
made on its resident agent designated in
Service of summons upon Domestic accordance with law for that purpose, or, if
Corporation. there be no such agent, on the government
official designated by law to that effect, or on
 Rule 14, Section 11. ―When the defendant any of its officers or agents within the
is a corporation, partnership or association Philippines.
organized under the laws of the
Philippines with a juridical personality, If the foreign private juridical entity is not
service may be made on the president, registered in the Philippines or has no resident
managing partner, general manager, agent, service may, with leave of court, be
corporate secretary, treasurer, or in-house effected out of the Philippines through any of
counsel.‖ the following means:

 The purpose is to render it reasonably a. By personal service coursed through the

certain that the corporation will receive appropriate court in the foreign country
prompt and proper notice in an action with the assistance of the Department of
against it or to insure that the summons Foreign Affairs;
be served on a representative so b. By publication once in a newspaper of
integrated with the corporation that such general circulation in the country where
person will know what to do with the legal the defendant may be found and by
papers served on him. In other words, ‗to serving a copy of the summons and the
bring home to the corporation notice of court order by-registered mail at the last
the filing of the action.‘ (EB Villarosa vs. known address of the defendant;
Benito, G.R. No. 136426, August 6, 1999). c. By facsimile or any recognized electronic
Basic is the rule that a strict compliance means that could generate proof of
with the mode of service is necessary to service; or
confer jurisdiction of the court over a d. By such other means as the court may in
corporation. The officer upon whom its discretion direct."
service is made must be one who is
named in the statute; otherwise, the 3.H.4. Substituted Service
service is insufficient. (BPI vs. Sps Santiago,
supra) How made:

Note: since service of summons on domestic By leaving copies of the summons at the
corporation is exclusive to the above, there defendant‘s residence with some person of
can be no substituted service. suitable age and discretion residing therein;

 Since service upon it was invalid, the trial By leaving the copies at defendant‘s office or
court did not acquire jurisdiction over it. regular place of business with some
Hence, all the subsequent proceedings in competent person in charge thereof.
the trial court are null and void, including
the order of default. (Sps. Mason vs. CA, Requisites:
G.R. No. 144662. October 13, 2003)
Personal service of summons is preferred to
Take note: AM No. 11-3-6-SC substituted service. Only if the former cannot
be made promptly can the process server
New Rule: Amendment of Section 12, Rule resort to the latter. Moreover, the proof of
14 on Service of Summons upon Foreign service of summons must:
Private Juridical Entity



a. indicate the impossibility of service of processing of a complaint is what a

summons within a reasonable time; plaintiff wants. To the sheriff, "reasonable
b. specify the efforts exerted to locate the time" means 15 to 30 days because at the
defendant; and end of the month, it is a practice for the
c. state that the summons was served upon branch clerk of court to require the sheriff
a person of sufficient age and discretion to submit a return of the summons
who is residing in the address, or who is assigned to the sheriff for service. The
in charge of the office or regular place of Sheriff‘s Return provides data to the Clerk
business, of the defendant. of Court, which the clerk uses in the
d. The pertinent facts proving these Monthly Report of Cases to be submitted
circumstances be stated in the proof of to the Office of the Court Administrator
service or in the officer‘s return. within the first ten (10) days of the
succeeding month. Thus, one month from
 The failure to comply faithfully, strictly the issuance of summons can be
and fully with all the foregoing considered "reasonable time" with regard
requirements of substituted service to personal service on the defendant
renders the service of summons
ineffective. X x x This is necessary X x x "Several attempts" means at
because substituted service is in least three (3) tries, preferably
derogation of the usual method of service. on at least two different dates. In
(Sps. Jose vs. Sps Boyon, G.R. No. 147369. addition, the sheriff must cite why
October 23, 2003) such efforts were unsuccessful. It is
only then that impossibility of service
Break down of the requirements to can be confirmed or accepted.
effect a valid substituted service:
(2) Specific Details in the Return
(1) Impossibility of Prompt Personal
Service  X x x The date and time of the
attempts on personal service, the
 The party relying on substituted service or inquiries made to locate the
the sheriff must show that defendant defendant, the name/s of the
cannot be served promptly or there is occupants of the alleged residence or
impossibility of prompt service. Section 8, house of defendant and all other acts
Rule 14 provides that the plaintiff or the done, though futile, to serve the
sheriff is given a "reasonable time" to summons on defendant must be
serve the summons to the defendant in specified in the Return to justify
person, but no specific time frame is substituted service. The form on
mentioned. x x x Under the Rules, the Sheriff‘s Return of Summons on
service of summons has no set period. Substituted Service prescribed in the
However, when the court, clerk of court, Handbook for Sheriffs published by
or the plaintiff asks the sheriff to make the the Philippine Judicial Academy
return of the summons and the latter requires a narration of the efforts
submits the return of summons, then the made to find the defendant personally
validity of the summons lapses. The and the fact of failure. Supreme Court
plaintiff may then ask for an alias Administrative Circular No. 5 dated
summons if the service of summons has November 9, 1989 requires that
failed. What then is a reasonable time for "impossibility of prompt service should
the sheriff to effect a personal service in be shown by stating the efforts made
order to demonstrate impossibility of to find the defendant personally and
prompt service? To the plaintiff, the failure of such efforts," which
"reasonable time" means no more than should be made in the proof of
seven (7) days since an expeditious service.



president or manager; and such

(3) A Person of Suitable Age and individual must have sufficient
Discretion knowledge to understand the
obligation of the defendant in the
 If the substituted service will be summons, its importance, and the
effected at defendant‘s house or prejudicial effects arising from inaction
residence, it should be left with a on the summons. Again, these details
person of "suitable age and discretion must be contained in the Return.
then residing therein." A person of (Manotoc vs. CA, G.R. No. 130974 August
suitable age and discretion is one who 16, 2006)
has attained the age of full legal
capacity (18 years old) and is  A security guard is not a competent
considered to have enough person in charge in case of
discernment to understand the substituted service of summons at the
importance of a summons. defendant‘s office
"Discretion" is defined as "the ability
to make decisions which represent a  It is to be noted that in case of
responsible choice and for which an substituted service, there should be a
understanding of what is lawful, right report indicating that the person who
or wise may be presupposed". Thus, received the summons in the
to be of sufficient discretion, such defendant's behalf was one with
person must know how to read and whom the defendant had a relation of
understand English to comprehend confidence, ensuring that the latter
the import of the summons, and fully would actually receive the summons.
realize the need to deliver the (Chu vs. Mach Asia Trading, G.R. NO.
summons and complaint to the 184333, April 1, 2013)
defendant at the earliest possible time
for the person to take appropriate  Effort to serve the said summons
action. X x x The sheriff must personally upon said defendants were
therefore determine if the person made, but the same were ineffectual
found in the alleged dwelling or and unavailing on the ground that per
residence of defendant is of legal age, information of a person of sufficient
what the recipient‘s relationship with age and discretion working therein
the defendant is, and whether said who signed to acknowledge receipt ,
person comprehends the significance said defendants is always roving
of the receipt of the summons and his outside and gathering news, thus,
duty to immediately deliver it to the substituted service was applied.
defendant or at least notify the
defendant of said receipt of summons. To warrant the substituted service of
These matters must be clearly and the summons and copy of the
specifically described in the Return of complaint, the serving officer must
Summons. first attempt to effect the same upon
the defendant in person. Only after
(4) A Competent Person in Charge the attempt at personal service has
become FUTILE or impossible within a
 If the substituted service will be done reasonable time may the officer resort
at defendant‘s office or regular place to substituted service. (Macasaet vs. Co,
G.R. No. 156759, June 05, 2013)
of business, then it should be served
on a competent person in charge of
the place. Thus, the person on whom
the substituted service will be made
must be the one managing the office
or business of defendant, such as the



3.H.5. Constructive Service (by

publication) In any action where the defendant is
designated as an unknown owner, or the like,
Conditions: or whenever his whereabouts are unknown
and cannot be ascertained by diligent inquiry,
1. There must be leave of court. service may, by leave of court, be effected
2. The action is in rem or quasi in rem. upon him by PUBLICATION in a newspaper of
3. Defendant‘s identity or whereabouts are general circulation and in such places and for
unknown and cannot be ascertained by such times as the court may order. (Sec. 14,
diligent inquiry or defendant is a resident Rule 14).
temporarily out of the Philippines.
 The in rem and in personam distinction
As a rule, summons by publication is available was significant under the old rule
only in actions in rem or quasi in rem. It is not because it was silent as to the kind of
available as a means of acquiring jurisdiction action to which the rule was applicable.
over the person of the defendant in an action Because of this silence, the Court limited
in personam. the application of the old rule to in rem
Against a resident, the recognized mode of actions only. This has been changed. The
service is service in person on the defendant present rule expressly states that it
under Sec. 6 Rule 14. In a case where the applies ―[i]n any action where the
defendant cannot be served within a defendant is designated as an unknown
reasonable time, substituted service will apply owner, or the like, or whenever his
(Sec. 7, Rule 14), but no summons by whereabouts are unknown and cannot be
publication which is permissible however, ascertained by diligent inquiry.‖ Thus, it
under the conditions set forth in Sec. 14, Rule now applies to any action, whether in
14. personam, in rem or quasi in rem. (Santos
Against a non-resident, jurisdiction is acquired vs. PNOC, G.R. No. 170943, September 23,
over the defendant by service upon his person 2008)
while said defendant is within the Philippines.
As once held, when the defendant is a  As a rule, service of summons by
nonresident, personal service of summons in publication must be complemented by
the state is essential to the acquisition of service of summons by registered mail to
jurisdiction over him (Banco Do Brasil, supra). the defendant‘s last known address. This
This is in fact the only way of acquiring complementary service is evidenced by an
jurisdiction over his person if he does not affidavit ―showing the deposit of a copy of
voluntarily appear in the action. Summons by the summons and order for publication in
publication against a nonresident in an action the post office, postage prepaid, directed
in personam is not a proper mode of service. to the defendant by registered mail to his
last known address.‖ (Ibid)
Publication is notice to the whole world that
the proceeding has for its object to bar  To pursue the matter to its logical
indefinitely all who might be minded to make conclusion, if a party declared in default is
an objection of any sort against the right entitled to notice of subsequent
sought to be established. It is the publication proceedings, all the more should a party
of such notice that brings the whole world as who has not been declared in default be
a party in the case and vests the court with entitled to such notice. But what happens
jurisdiction to hear and decide it (Alaban vs. CA, if the residence or whereabouts of the
GR 156021, Sept. 23, 2005). defending party is not known or he cannot
be located? In such a case, there is
3.H.5.A. Service upon a defendant where obviously no way notice can be sent to
his identity is unknown or his him and the notice requirement cannot
whereabouts are unknown



apply to him. The law does not require summons and the order of the court to the
that the impossible be done. (Ibid) last known address of the defendant, or (c) by
any manner the court may deem sufficient
Rules on Summons on Defendant under Sec. 16. (Montalban vs. Maximo, 22 SCRA
1. Resident 1070). This is because even if he is abroad, he
a) Present in the Philippines has a residence in the Philippines or a place of
 Personal service (Rule 14, Sec. 6) business and surely, because of his absence,
 Substituted service (Rule 14, Sec. 7) he cannot be served in person within a
 Publication, but only if reasonable time.
 his identity or whereabouts is
unknown (Rule 14, Sec. 14); and  But, in the case of Montefalcon vs.
Vasquez, 2008, substituted service of
 The action is in rem or quasi in rem summons is the normal mode of service
(Citizen Surety vs. Melencio-Herrera, 38 against a temporarily absent resident.
SCRA 369).
 The normal method of service of
b) Absent from the Philippines summons on one temporarily absent is by
 Substituted service (Rule 14, Sec. 7) substituted service because personal
service abroad and service by publication
 Extraterritorial service (Rule 14, Sec. 16 are not ordinary means of summoning
and 15); action need not be in rem or defendants. Summons in a suit in
quasi in rem (Valmonte vs. CA, Supra) personam against a temporarily absent
resident may be by substituted service as
2.) Non-resident domiciliaries of a State are always
a) Present in the Philippines amenable to suits in personam therein. X
 Personal service (Sec. 6, Rule 14) x x A man temporarily absent from this
 Substituted service (Sec. 7, Rule 14) country leaves a definite place of
 Absent from the Philippines residence, a dwelling where he lives, a
 Action in rem or quasi in rem – only local base, so to speak, to which any
Extraterritorial service (Rule 14, Sec. inquiry about him may be directed and
15); where he is bound to return. Where one
 Action in personam, and judgment temporarily absents himself, he leaves his
cannot be secured by attachment affairs in the hands of one who may be
(e.g. action for injunction); reasonably expected to act in his place
 Wait for the defendant to come to the and stead; to do all that is necessary to
Philippines to serve summon; protect his interests; and to communicate
with him from time to time any incident of
Plaintiff cannot resort to extraterritorial service importance that may affect him or his
of summons (Kawasaki Port Services vs. Amores, business or his affairs. It is usual for such
199 SCRA 230). a man to leave at his home or with his
business associates information as to
3.H.5.B. Service upon residents where he may be contacted in the event a
temporarily outside of the Philippines question that affects him crops up. If he
does not do what is expected of him, and
Service of summons upon a resident of the a case comes up in court against him, he
Philippines who is temporarily out of the cannot in justice raise his voice and say
country, may, by leave of court be effected that he is not subject to the processes of
out of the Philippines as under the rules on our courts. He cannot stop a suit from
extraterritorial service in Sec. 15, Rule 14 by being filed against him upon a claim that
any of the following modes: (a) by personal he cannot be summoned at his dwelling
service as in Sec. 6, (b) by publication in a house or residence or his office or regular
news paper of general circulation together place of business. (Montefalcon vs. Vasquez,
with a registered mailing of a copy of the G.R. No. 165016, June 17, 2008)



voluntarily submits to the jurisdiction of the

3.H.6. Extra-territorial service, when court by appearing therein through his counsel
allowed filing the corresponding pleading in the court.

When applicable (Sec. 15, Rule 14) Where the defendant has already been served
with summons on the original complaint, no
The defendant does not reside andis not further summons is required on the amended
found in the Philippines, and complaint if it does not introduce new causes
of action.
The action:
3.H.7. Service upon prisoners and minors
Affects the personal status of the plaintiff;
Relates to or the subject of which is property PRISONERS MINORS
within the Philippines, in which the defendant Service shall be In the case of minor,
has or claims a lien or interest, actual or effected upon the service SHALL be made
prisoner by the on the minor AND his
officer having the father or mother;
management of such
In which relief is demanded consists, wholly or jail (warden) who is On the minor AND legal
in part, of excluding the defendant from any deemed deputized as guardian, if there is no
interest therein; or a special sheriff for parent; or
the purpose.
The property of the defendant has been On the minor AND
attached in the Philippines. guardian ad litem
whose appointment
shall be applied for by
How effected:
the plaintiff.

Service in person on defendant with leave of

3.H.8. Proof of Service
The proof of service of a summons shall be
Service by publication
made in writing by the server and shall set
forth the manner, place, and date of service;
With leave of court, serving also a copy to the
shall specify any papers which have been
defendant‘s last known address in the
served with the process and the name of the
Philippines by registered mail
person who received the same; and shall be
sworn to when made by a person other than a
Any other mode authorized by the court.
sheriff or his deputy. (Section 18, Rule 14)
Notes: Summons cannot be served by mail. If
Proof of service by publication
one or all of the requirements have not been
complied with, the service of summons shall
If the service has been made by publication,
be invalid.
service may be proved by the affidavit of the
printer, his foreman or principal clerk, or of
In all actions strictly in personam, personal
the editor, business or advertising manager, to
service of summons on the defendant is
which affidavit a copy of the publication shall
essential to acquire jurisdiction over his
be attached, and by an affidavit showing the
person, hence summons by publication is null
deposit of a copy of the summons and order
and void.
for publication in the post office, postage
prepaid, directed to the defendant by
Jurisdiction cannot be acquired over the
registered mail to his last known address. (Sec.
defendant without service of summons, even 19, Rule 14)
if he knows of the case against him, unless he



3.I. MOTIONS 4. Complies with 3-day notice rule.

5. Have proof of service of motions to
General Rule: All motions must be in writing. determine compliance with 3-day notice.

Exception: 3.I.1.C. Contents and forms of motions

a) Those made in open court; or 1) It shall state the relief sought and the
b) Those made in the course of the hearing grounds upon which it is based.
or trial 2) The grounds upon which it is based. (If
c) Set for hearing (by the applicant). required by the Rules, the motion shall be
d) Motions which the court may act upon accompanied by affidavits and other
without prejudice to the rights of the papers).
adverse party.
3.I.1.D. Notice of hearing and hearing of
3.I.1. Motions in general motions

3.9.1.A. Definition of a motion Requisites of notice of hearing

A motion is an application for relief other than  Addressed to all parties concerned.
by a pleading. (Sec. 1, Rule 15)  Specify the time and date of the hearing
which must be set not later than 10 days
3.I.1.B. Motion vs. Pleadings after the filing of the motion.

MOTION PLEADING  A motion must contain a notice of hearing,

A motion is an A pleading is a written failure of which will not toll the running of
application for relief statement of the the period. (Dela Pena v. Dela Pena, 258
other than a pleading respective claims and SCRA 298).
(Sec. 1, Rule 15) defenses of the parties
submitted to the court for Hearing of Motion
Its purpose is to appropriate judgment
submit a claim or (Sec. 1, Rule 6).
3-day Notice Rule
defense for
appropriate judgement It may be in the form of a
complaint, counterclaim, General Rule: Every written motion is
Always filed before cross-claim, third-party required to be heard. The notice of the
judgment must be complaint, or complaint- hearing thereof shall be served in such a
written in-intervention, answer or manner as to ensure receipt by the other
reply (Sec. 2, Rule 6). party at least 3 days before date of hearing,
unless the court for good cause sets the
Its purpose is to apply for hearing for a shorter notice.
an order not included in
the judgment
May me oral when made  Ex parte motions;
in open court or in the  Urgent motions;
course of hearing or trial
 Motions agreed upon by the parties to
Requirements of a valid litigated motion be heard on shorter notice or jointly
1. In writing. submitted by the parties; and
2. Contains the grounds or legal basis relied  Motions for summary judgment (must
upon, relief sought, and whenever be served at least 10 days before its
appropriate, must include supporting hearing).
affidavits and documents.
3. Set for hearing not later than 10 days While ex parte filing a motion may be allowed
after filing the motion. and is an exception to the 3-day notice rule, it



does not necessarily mean that the hearing to study the motion and to enable him to
thereof shall be dispensed with. meet the arguments interposed
therein. (Cabrera vs. Ng, G.R. No. 201601,
 ―The general rule is that the three-day March 12, 2014)
notice requirement in motions under
Sections 4 and 5 of the Rules of Court is 3.I.1.E. Omnibus Motion Rule
mandatory. It is an integral component of
procedural due process. X x x Motion that A motion attacking a pleading, order,
does not comply with the requirements of judgment or proceeding shall include all
Sections 4 and 5 of Rule 15 of the Rules objections then available, and all objections
of Court is a worthless piece of paper x x not included shall be deemed waived subject
x .―Being a fatal defect, in cases of to the provisions of Rule 9, Sec.1 in relation to
motions to reconsider a decision, the Rule 15 Sec. 8 of the Rules of Court
running of the period to appeal is not
tolled by their filing or pendency.‖ X x x Exceptions to the Omnibus Motion Rule
Nevertheless, the three-day notice 1. The court has no jurisdiction over the
requirement is not a hard and fast rule. subject matter of the case
When the adverse party had been 2. That there is an action pending between
afforded the opportunity to be heard, and the same parties for the same cause
has been indeed heard through the 3. That the action is barred by a prior
pleadings filed in opposition to the motion, judgment or
the purpose behind the three-day notice 4. That the action is barred by the statute of
requirement is deemed realized.The three- limitations.
day notice rule is not absolute. X x x The
three-day notice required by the Rules is  Petitioners raised the ground of defective
not intended for the benefit of the verification and certification of forum
movant. Rather, the requirement is for the shopping only when they filed their
purpose of avoiding surprises that may be second motion to dismiss, despite the fact
sprung upon the adverse party, who must that this ground was existent and
be given time to study and meet the available to them at the time of the filing
arguments in the motion before a of their first motion to dismiss. Absent any
resolution of the court. Principles of justifiable reason to explain this fatal
natural justice demand that the right of a omission, the ground of defective
party should not be affected without verification and certification of forum
giving it an opportunity to be heard. shopping was deemed waived and could
no longer be questioned by the petitioners
The test is the presence of opportunity to in their second motion to dismiss. X x x
be heard, as well as to have time to study Moreover, contrary to petitioners'
the motion and meaningfully oppose or assertion, the requirement regarding
controvert the grounds upon which it is verification of a pleading is formal, not
based. x x x jurisdictional. Such requirement is simply a
condition affecting the form of the
It is undisputed that the hearing on the pleading, and non-compliance with which
motion for reconsideration filed by the does not necessarily render the pleading
spouses Cabrera was reset by the RTC fatally defective.
twice with due notice to the parties; it was
only after 2 months that the motion was X x x Section 8, Rule 15 of the Rules of
actually heard by the RTC. At that time, Court defines an omnibus motion as a
(more than two months had passed) since motion attacking a pleading, judgment or
the respondent received a copy of the said proceeding. A motion to dismiss is an
motion for reconsideration. X x x The omnibus motion because it attacks a
respondent was thus given sufficient time pleading, that is, the complaint. For this



reason, a motion to dismiss, like any other Bill of Particulars

omnibus motion, must raise and include
all objections available at the time of the Bill of Particulars is a complementary
filing of the motion because under Section procedural document consisting of an
8, "all objections not so included shall be amplification or more particularized outline of
deemed waived." As inferred from the a pleading.
provision, only the following defenses
under Section 1, Rule 9, are excepted 3.I.2.A. Purpose and when applied for
from its application: [a] lack of jurisdiction
over the subject matter; [b] there is Purpose
another action pending between the same
parties for the same cause To seek an order from the court directing the
(litispendentia); [c] the action is barred by pleader to submit a bill of particular which
prior judgment (res judicata); and [d] the avers matters with sufficient definiteness or
action is barred by the statute of particularity to enable the movant to properly
limitations or prescription. (Sps De Guzman prepare his responsive pleading.
vs. Ochoa, G.R. No. 169292, April 13, 2011)
 An action cannot be dismissed on the
Motion for leave ground that the complaint is vague or
indefinite. The remedy of the defendant is
A motion for leave to file pleading shall be to move for a bill of particulars or avail of
accompanied by the pleading or motion the proper mode of discovery. (Galeon vs.
sought to be admitted. (Sec. 9, Rule 15) Galeon, G.R. No. L-30380, February 28, 1973)
Before responding to a pleading, a party
Any motion that does not comply with Section may move for a bill of particulars of any
4 (Hearing on Motion), Section 5 (Notice of matter which is not averred with sufficient
Hearing), and Section 6 (Proof of Service) is a definiteness or particularity to enable him
mere scrap of paper, and should not be properly to prepare his responsive
accepted for filing. If such is filed, it is not pleading.
entitled to judicial cognizance and does not
affect any reglementary period involved for Purpose: To aid in the preparation of a
the filing of the requisite pleading. responsive pleading.

3.I.1.F. Litigated and ex-parte motions  Motion for Bill of Particulars must be filed
within the reglementary period for the
Litigated Motion
filing of a responsive pleading. If sufficient
Motion in form and substance, the filing of the
(De Parte)
(Ex-Parte) motion will interrupt the time to plead.
A motion made A motion with notice to
without the presence the adverse party to
 The Bill of Particular be filed either in a
or a notification to give an opportunity to
the other party oppose; will affect the separate motion or in an amended
because the question rights of the parties. pleading it may also be granted in whole
presented is not or in part.
 A Bill of Particular becomes part of the
3.I.1.G. Pro-forma motions pleading that it supplements.

A motion pro forma intended merely to delay  The function of the bill of particular is not
the proceedings and it shall not interrupt or to obtain evidentiary matter. (Salita vs.
suspend the period of time for the perfection Magtolis GR. No. 106429 June 13, 1994)
of an appeal.

3.I.2. Motion for Bill of Particulars



3.I.2.B. Actions of the court Effect if motion for bill of particulars is

Upon filing of the motion, the clerk of court
must immediately bring it to the attention of The movant still has such balance of the
the court which may either deny or grant it reglementary period to file his responsive
outright, or allow the parties the opportunity pleading.
to be heard. (Sec. 2, Rule 12)
Note: Whether the Motion for Bill of
3.I.2.C. Compliance with the order and Particulars is granted or not, the moving shall
effect of noncompliance have at least 5 days to file his responsive
pleading, counted from the date of the receipt
If the motion is granted, either in whole or in of the court order.
part, the compliance therewith must be
effected within ten (l0) days from notice of the Effect of non-compliance with the order
order, unless a different period is fixed by the for bill of particulars or in case of
court. The bill of particulars or a more definite insufficient compliance there with
statement ordered by the court may be filed
either in a separate or in an amended The court may order the striking out of the
pleading, serving a copy thereof on the pleading or the portion thereof to which the
adverse party. (Sec 3, Rule 12) order is directed or make such other order as
may deem just.
Effect of noncompliance
If non-compliance is by the plaintiff, his
If the order is not obeyed, or in case of complaint will be stricken off and dismissed;
insufficient compliance therewith, the court unless otherwise ordered by the court.
may order the striking out of the pleading or
the portions thereof to which the order was If non-compliance is by the defendant, his
directed or make such other order as it deems answer will be stricken off and his
just. (Sec. 4, Rule 12) counterclaim dismissed, and he will be
declared in default upon motion of the
3.I.2.D. Effect on the period to file a plaintiff.
responsive pleading
Note: Rules on answer to an amended
After service of the bill of particulars or of a complaint shall apply to amended
more definite pleading, or after notice of counterclaim, amended cross claim, amended
denial of his motion, the moving party may file third (fourth, etc) party complaint, and
his responsive pleading within the period to amended complaint in intervention.
which he was entitled at the time of filing his
motion, which shall not be less than five (5) 3.I.3. Motion to Dismiss
days in any event. (Sec. 5, Rule 12)
Motion to Dismiss is a motion which is
Effect if motion for bill of particulars is generally interposed before trial to attack the
granted action on the basis of the presence of any of
the grounds enumerated under Section 1, Rule
The movant can wait until the Bill of 16 of the Rules of Court. It is not a responsive
Particulars is served on him and then he will pleading.
have the balance of the reglementary period
within which to file his responsive pleading. When to File:

General Rule: A motion to dismiss must be

filed within the time for but BEFORE filing an



answer to the complaint or pleading asserting 4. That the plaintiff has no legal capacity
a claim. to sue;
5. That there is another action pending
Exceptions: It can be filed after the answer between the same parties for the same
on the following: cause;
6. That the cause of action is barred by a
1. Lack of jurisdiction over the subject prior judgment or by the statute of
matter; limitations;
2. Litis pendentia; 7. That the pleading asserting the claim
3. Res judicata; states no cause of action;
4. Prescription. 8. That the claim or demand set forth in
the plaintiff's pleading has been paid,
 It must comply with the requirements waived, abandoned, or otherwise
of motions under Rule 15: it MUST be extinguished;
in writing, with hearing and with 9. That the claim on which the action is
notice. founded is enforceable under the
 Movant shall present all the evidence provisions of the statute of frauds; and
available; otherwise it is waived. 10. That a condition precedent for filing the
(Omnibus Motion Rule) claim has not been complied with (Sec.
 Plaintiff can avail of Rule 16 only as 1, Rule 16).
regard to the counterclaim.
 A Motion to Dismiss is not a Requisites of litis pendentia
responsive pleading.
 A judge cannot defer resolution of a  Identity of parties;
motion to dismiss  Identity of Rights asserted and relief
prayed for;
General types of a motion to dismiss  Identity of the two cases such that
 Motion to dismiss before answer under judgment in one, regardless of which
Rule 16. party is successful, would amount to res
 Motion to dismiss under Rule 17, upon: judicata in the other.
 Notice by plaintiff;
 Motion of plaintiff; or Notes: Given the pendency of two actions,
 Due to fault of plaintiff. the following are the relevant considerations in
determining which action should be dismissed.
5. Motion to dismiss on demurrer to evidence
under Rule 33. Date of filing:
6. Motion to dismiss the appeal filed either in
lower court under Sec. 13, Rule 41 or in  Whether the action sought to be
appellate court under Sec. 1, Rule 50 dismissed was filed merely to pre-empt
the latter action or to anticipate its filing
3.I.3.A. Grounds and lay the basis for its dismissal; or
 Whether the action is the appropriate
Within the time for but before filing the vehicle for litigating the issues between
answer to the complaint or pleading asserting the parties.
a claim, a motion to dismiss may be made on
any of the following grounds: Note: Motion to dismiss may be filed in either
1. That the court has no jurisdiction over
the person of the defending party; Requisites of Res Judicata
2. That the court has no jurisdiction over a) Previous final judgment.
the subject matter of the claim; b) Judgment on the merits.
3. That venue is improperly laid; c) The court that rendered the judgment had



d) There must be between the first and

second action. Prescription distinguished from Laches

 identity of parties. Prescription Laches

 identity of subject matter, and Fact of delay Effect of delay
 identity of cause of action. Matter of status of
Question of inequity
Aspects: Statutory Not statutory
Applies in law Applies in equity
Barred by Former Judgment: when Based on Fixed time Not based in fixed time
between the first cause where the judgment is
invoked, there is identity of parties, subject
Actions that the Court can take Upon
matter and cause of action.
Filing of a Motion to Dismiss:
Conclusiveness of Judgment: when there
Either dismiss the action, deny the Motion to
is identity of parties but not cause of action,
Dismiss, or order the amendment of the
the judgment being conclusive in the second
case only as to those matters actually and
directly controverted and determined, not as
An order denying the motion is interlocutory
to other matters involved therein.
and not appealable.
There could be res judicata without a trial,
An order granting the Motion to Dismiss is a
such as in a judgment on the pleadings, a
final order and is appealable.
summary judgment or an order of dismissal
for failure to prosecute.
If the order of dismissal is not an adjudication
of the merits, the dismissal is not a bar to
Failure to state cause of action
another action when the circumstances
change and warrant the re-filing and
When the ground for dismissal is that the
complaint states no cause of action, such fact
can be determined only from the facts alleged
If the order denying the motion is tainted with
in the complaint.
grave abuse of discretion, the remedy is to file
either certiorari or prohibition.
Where the plaintiff has not exhausted all
administrative remedies, the complaint not
Time to Plead
having alleged such fact of exhaustion, the
same may be dismissed for lack of cause of
If the motion is denied, the movant, is granted
only the balance of the reglementary period to
which he was entitled at the time he filed his
Note: An action cannot be dismissed on the
Motion to Dismiss, counted from his receipt of
ground that the complaint is vague or
the denial order, but not less than 5 days in
indefinite. The remedy of the defendant is to
any event.
move for a bill of particulars or avail of the
proper mode of discovery.
If the pleading is ordered to be amended, he
shall file his answer within the reglementary
Non-compliance with PD 1508 (Katarungang
period counted from service of amended
Pambarangay Law) is a ground for motion to
pleading, unless the court provides for longer
dismiss for failure to comply with condition



3.I.3.B. Resolution of Motion Exception: The action cannot be re-filed if it

was dismissed on any of the following
After the hearing, the court may either: grounds:
a) dismiss the action
b) deny the Motion to Dismiss, or  Res judicata;
c) order the amendment of the pleading  Prescription;
 Extinguishment of the claim;
 An order denying the motion is  Unenforceability under the Statute of
interlocutory and not appealable. Frauds.
 An order granting the Motion to
Dismiss is a final order and is In these instances, the remedy of the plaintiff
appealable. is appeal. (Sec. 5, Rule 16)

Note: The court shall not defer the resolution 3.I.3.F. When grounds pleaded as
of the motion for the reason that the ground affirmative defenses
relied on is indubitable.
If no motion to dismiss has been filed, any of
In every case, the resolution shall state clearly the grounds under Section 1 of Rule 16,
and distinctly the reasons thereof. including improper venue, may be pleaded as
an affirmative defense in the answer. In the
3.I.3.C. Remedies of plaintiff when the discretion of the court, a preliminary hearing
complaint is dismissed may be had thereon as if a Motion to Dismiss
had been filed.
If without prejudice the order of dismissal is
not an adjudication of the merits, the Note: If the defendant would want to file a
dismissal is not a bar to another action when counterclaim, he should allege the grounds of
the circumstances change and warrant the re- a motion to dismiss as affirmative defenses in
filing and prosecution. his answer with a counterclaim.

If with prejudice (dismissal based on the The dismissal of the complaint shall be
grounds of (1) res judicata, (2) prescription, without prejudice to the prosecution in the
(3) extinguishment of the claim or demand, same or separate action of a counterclaim
and (4) unenforceability under the Statutes of pleaded in the answer.
Fraud), the remedy is appeal.
The 2nd paragraph has now clarified the effect
3.I.3.D. Remedies of the defendant when of the dismissal of the complaint upon a
motion is denied counterclaim duly pleaded in the action.

1) File an answer and prceed with the trial; 3.I.3.G. Bar by Dismissal
2) If judgment has been rendered and
decision is adverse, appeal and raise as Subject to the right of appeal, an order
erro the denial of the motion; and granting a motion to dismiss based on res
3) If the order denying the motion is tainted judicata, prescription, extinguishment of the
with grave abuse of discretion, the remedy claim, unenforceability under Statute of
is to file either certiorari or prohibition. Frauds, shall bar the refiling of the same
action or claim. (Section 5, Rule 16)
3.I.3.E. Effect of dismissal of complaint
on certain grounds

General Rule: The action or claim may be re-




3.I.3.H. Distinguished from demurrer to without the order of confirmation, the

evidence under Rule 33 dismissal does not become effective.

Motion to Motion to Dismiss What causes plaintiff‘s loss of the right to

Dismiss under under Rule 33 effect dismissal by mere notice is not the
Rule 16 defendant‘s act of filing the answer but the
Grounded on any Based on insufficiency of service of such answer upon him.
of those evidence.
The dismissal as a matter of right ceases
enumerated under
Rule 16.
when an answer or a motion for summary
May be filed by a May be filed ONLY by the judgment is served on the plaintiff and not
defending party defendant against the when the answer or the motion is filed with
against whom a complaint of the plaintiff. the court. thus, if a notice of dismissal is filed
claim is asserted in by the plaintiff even after an answer has been
the action. filed in court but before the responsive
Filed before Filed after plaintiff rested pleading has been served on the plaintiff, the
responsive its case. (Completion of notice of dismissal is still a matter of right.
pleading (answer) Evidence) (Riano, 2007, p. 224)
is made by the
General Rule:
If denied, the If denied, defendant may
defendant files an present evidence.
answer or else he If granted, plaintiff appeals Dismissal upon notice by the plaintiff is
may be declared in and the order of dismissal without prejudice. It does not constitute res
default. is reversed, the defendant judicata.
If granted, plaintiff loses his right to present
may appeal or if a evidence. Exceptions: Where the notice of dismissal so
subsequent case is provides.
not barred, he may
re-file the case.
Two-Dismissal Rule:

3.J. DISMISSAL OF ACTIONS Where the plaintiff has previously dismissed

the same case in a court of competent
Kinds of dismissal jurisdiction.
(Rule 17)
1. Dismissal upon notice by plaintiff (Sec. 1) The two-dismissal rule requires that the court
2. Dismissal upon motion of plaintiff (Sec. 2) grant both dismissals. The second dismissal
3. Dismissal due to fault of plaintiff (Sec. 3) shall be considered as adjudication on the
4. Dismissal of counterclaim, cross-claim or merits.
third-party complaint
Exception to the exception: When the
3.J.1. Dismissal upon notice by plaintiff; prior dismissal is for lack of jurisdiction.
two- dismissal rule
If the plaintiff files a notice of dismissal
Dismissal is effected not by motion but by providing therein a reason that prevents the
mere notice of dismissal, which is a matter of refilling of the complaint, the dismissal must
right before the service of: be deemed one with prejudice. This happens
when the notice provides that the plaintiff
1. The answer; or recognizes the fact of prescription or
2. A motion for summary judgment. extinguishment of the obligation of the
defendant or for reasons stated in Sec. 5 of
Upon such notice being filed, the court shall Rule 16. (Riano, 2007, p. 225)
issue an order confirming the dismissal



 Where such notice is premised on the fact Dismissal under this Rule is without
of payment by the defendant of the claim prejudice, except:
involved, even if the notice of dismissal
does not provide that it is with prejudice  When otherwise stated in the motion to
(Serrano vs. Cabrera, 80 SCRA 100) dismiss; or
 When stated to be with prejudice in the
order of the court.
3.J.2. Dismissal upon motion by plaintiff; Note: The approval of the court is necessary
effect on existing counterclaim in the dismissal or compromise of a class suit.
Under this section, the dismissal of the Difference between Section 2 and
complaint is subject to the discretion of the Section 3
court and upon such terms and conditions as
may be just. Dismissal upon Dismissal due to
motion of plaintiff. fault of plaintiff.
An answer has already been filed. (Section 2) (Section 3)
Dismissal is at the Dismissal is NOT
The plaintiff can move for the dismissal of the instance of the plaintiff. procured by plaintiff
entire case provided that the defendant has though justified by
not filed a counterclaim (compulsory or causes imputable to
permissive) and the court deems the dismissal him.
proper. The compulsory counterclaim survives Dismissal is a matter of Dismissal is a matter
procedure, without of evidence,an
the dismissal of the complaint.
prejudice unless adjudication on the
otherwise stated in the merits.
Where the plaintiff moves for the dismissal of order of the court or on
the complaint to which a counterclaim has plaintiff‘s motion to
been interposed, the dismissal shall be limited dismiss his own
to the complaint. complaint.
Dismissal is without Dismissal is without
Such dismissal shall be without prejudice to prejudice to the right of prejudice to the right
the right of the defendant to either: the defendant to of the defendant to
prosecute his prosecute his
counterclaim in a counterclaim on the
Prosecute his counterclaim in a separate separate action unless same or separate
action. within 15days from action.
notice of the motion he
The court shall render the corresponding order manifests his intention
granting and reserving his right to prosecute to have his
his claim in a separate complaint. counterclaim resolved
in the same action.
To have the same resolved in the same action.
3.J.3. Dismissal due to the fault of the
1. Defendant must manifest such preference plaintiff
to the trial court within 15 days from
notice to him of plaintiff‘s motion to Complaint may be dismissed:
 Upon motion of the defendant; or
Note: These alternative remedies of the  Upon court‘s own initiative.
defendants are available to him regardless of
whether his counterclaim is compulsory or



Instances when the court can dismiss After the last pleading has been served and
the case motu proprio: filed, it shall be the duty of the plaintiff to
promptly move ex-parte that the case be set
 The plaintiff fails to appear on the date of for pre-trial.
the presentation of his evidence-in-chief
on the complaint; (Sec. 3, Rule 17) 3.K.2. Nature and Purpose
 Plaintiff fails to prosecute his action for an
unreasonable length of time; (Sec. 3, Rule What the court shall consider during the pre-
17) trial conference:
 Plaintiff fails to comply with the Rules or 1) Possibility of an amicable settlement or of
the orders of the court; (Sec. 3, Rule 17) a submission to alternative modes of
 Lack of jurisdiction; dispute resolution.
 In cases of Summary Procedure 2) Simplification of issues.
 Unjustifiable inaction on the part of 3) Necessity or desirability of amendments of
plaintiff to have the case set for trial is a the pleadings.
ground for dismissal for failure to 4) Possibility of obtaining stipulations or
prosecute. admissions of facts and of documents to
 The dismissal is with prejudice unless avoid unnecessary proof.
otherwise declared by the court. It shall 5) Limitation on the number of witnesses.
have the effect of adjudication upon the 6) Advisability of a preliminary reference of
merits of the case. issues to a commissioner.
7) Propriety of rendering judgment on the
3.J.4. Dismissal of counterclaim, cross- pleadings, or summary judgment or of
claim or third-party complaint dismissing the action should a valid
ground be found to exist.
 The provisions of Rule 17 shall apply to 8) Advisability or necessity of suspending the
the dismissal of any counterclaim, cross- proceedings.
claim, or 3rd party complaint. A voluntary 9) Such other matters as may aid in the
dismissal by the claimant by notice as in prompt disposition of the action.
Sec 1 of the said rule shall be made
before a responsive pleading is served or, 3.K.3. Notice of Pre-Trial
if there is none, before the introduction of
evidence at the trial or hearing. The notice of pre-trial shall be served on
counsel, or on the party who has no counsel.
A dismissal or discontinuance of an action The counsel served with such notice is
operates to annul orders; rulings or charged with the duty of notifying the party
judgments previously made in a case, as represented by him. (Sec. 3, Rule 18)
well as all proceedings had in connection
therewith and renders all pleadings Sending a notice of pre-trial stating the date,
ineffective. (Servicewide Specialist, Inc. VS time and place of pre-trial is mandatory. Its
CA, GR No. 110597, May 8, 1996) absence will render the pre-trial and
subsequent proceedings void (Maxima v. Tecson,
3.K. PRE-TRIAL G.R. No. 145276, November 29, 2005.)

3.K.1. Concept of Pre-Trial 3.K.4. Appearance of parties; effect

offailure to appear
Pre-trial is a mandatory conference and
personal confrontation between the parties in It is mandatory on the plaintiff, defendant and
the presence of their respective counsel and their counsels to appear at the pre-trial.
the judge.
A special power of attorney is required before
a lawyer can enter into any amicable



settlement; the SPA must specifically state the It must be filed with the court and served on
authority to enter into an amicable settlement. the adverse party at least 3 days before the
date of the pre-trial
Note: In case of juridical person, a board
resolution is required. The appearance of the Records of pre-trial
counsel without the SPA shall render the
absent plaintiff non-suited and the defendant The proceedings in the pre-trial shall be
may move for the dismissal of the case. recorded.

Effects of non-appearance The pre-trial order shall be issued within ten

(10) days after the termination of the pre-trial
Of the plaintiff: it is a cause for the (A.M. 03-1-09-SC)
dismissal of the action, with prejudice, unless
otherwise ordered by the court The order shall recite in detail the matters
taken up in the conference.
Of the defendant: it is a cause to allow the
plaintiff to present evidence ex parte and the If the action proceeds to trial, the order shall
court to render judgment on the basis thereof explicitly define and limit the issues to be
Note: There is no more declaration of default
in case one of the parties is absent, the court The contents of the order shall control the
may proceed in the rendition of judgment or subsequent courses of the action, unless
presentation of evidence. The remedy of a modified before trial to prevent manifest
plaintiff who is non-suited is to appeal. injustice.

3.K.5 Pre-trial brief; effect of failure to Note: There is no need to go to trial if only
file legal issues will be presented. It is presumed
that the judge and the parties know the law.
The pre-trial brief shall contain the
following: 3.K.6. Distinction between pre-trial in
civil case and pre-trial in criminal case
a) Statement of willingness to enter into
amicable settlement or alternative modes CIVIL CASES CRIMINAL CASES
of dispute resolution, indicating the Mandatory. Mandatory.
desired terms. C 1. Possibility of an 1. Plea bargaining
b) A summary of admitted facts and O amicable
N settlement or of a 2. Stipulation of facts
proposed stipulation of facts.
S submission to
c) The issues to be tried or resolved. I alternative modes 3. Marking for
d) The documents and exhibits to be D of dispute identification of
presented, stating its purpose. E resolution. evidence of the
e) A manifestation of their having availed or R parties
their intention to avail themselves of A 2. Simplification of
discovery procedures or referral to T issues. 4. Waiver of
commissioners; and I objections to
f) The number and names of witnesses and O 3. Necessity or admissibility of
N desirability of evidence
the substance of their respective
amendments of the
testimonies. pleadings. 5. Modification of the
order of trial if the
Effect of failure to file 4. Possibility of accused admits the
obtaining charge but interposes
Failure to file a pre-trial brief has the same stipulations or a lawful defense
effect as failure to appear at the pre-trial. admissions of facts
and of documents 6. Such matters as



CIVIL CASES CRIMINAL CASES comes into the case, in order to protect his
Mandatory. Mandatory. right or interpose his claim.
to avoid will promote a fair
unnecessary proof. and expeditious trial It is a remedy by which a third party, not
of criminal and civil originally impleaded in the proceedings,
5. Limitation on the aspects of the case.
becomes a litigant therein to enable him to
number of
witnesses. protect or preserve a right or interest which
may be affected by such proceeding. (Riano
6. Advisability of a 2009).
reference of issues Note: An intervention is always supplemental
to a commissioner. to an existing litigation. A dismissal of the
principal action will give rise to the denial of a
7. Propriety of pending motion for intervention.
rendering judgment
on the pleadings, Who may intervene
or summary
(Sec. 1, Rule 19)
judgment or of
dismissing the
a) One who has interest in the matter in
action should a
valid ground be litigation;
found to exist. b) One who has legal interest in the success
of either of the parties:
8. Advisability or c) One who has an interest against both
necessity of parties;
suspending the d) One who is so situated as to be adversely
proceedings. affected by the distribution or disposition
of property in the custody of the court or
9. Such other
of its officer.
matters as may aid
in the prompt
disposition of the  For a person to intervene in a suit, the
N 1. Of the plaintiff: it 1. If counsel for the interest, must be actual and material, on a
O is a cause for the accused or the matter in litigation, and of such direct and
N dismissal of the prosecutor does not immediate character that the intervenor
A action, with appear at the pre-trial will either gain or lose by the direct legal
P prejudice, unless conference and does operation and effect of the judgment.
P otherwise ordered not offer an
E by the court acceptable excuse for
 The legal interest of the party must be
A this lack of
R 2. Of the cooperation, the court
direct, concrete and inchoate. (Pagtalunan
A defendant: it is a may impose proper vs. Tamayo, G.R no. 58168, March 19, 1990)
N cause to allow the sanctions or penalties
C plaintiff to present The intervenor may only intervene with leave
E evidence ex parte of court. Admittance of intervention is a
and the court to matter of judicial discretion.
render judgment
on the basis Motion for intervention can stand on its own.
thereof The dismissal of the principal case does not
necessarily carry with it the dismissal of
3.L. INTERVENTION motion for intervention.

Intervention is the remedy by which a third Pleadings in intervention (Sec. 3, Rule 19)
person, not originally a party to the suit, but
claiming an interest in the subject matter,



1. Complaint-in-intervention - if it asserts court, be allowed to intervene in the

claim against either or all of the original action. Conversely, a person who is not a
parties. party in the main suit cannot be bound by
2. Answer-in-intervention – if it joins the an ancillary writ, such as a preliminary
defendant. injunction. Indeed, he cannot be affected
by any proceeding to which he is a
A complaint-in-intervention is an initiatory stranger. Thus, a person not a party to
pleading (A.M. 04-94). As such, it is subject to the proceedings in the trial court or in the
the requirements on the payment of docket CA cannot maintain an action for certiorari
fees and certification against forum shopping. in the Supreme Court to have the
judgment reviewed. Stated differently, if a
3.L.1 Requisites for Intervention petition for certiorari or prohibition is filed
by one who was not a party in the lower
A person should have a legal interest court, he has no standing to question the
either: assailed order. (Fernandez vs. CA, A.M. OCA
IPI No. 12-201-CA-J, February 19, 2013)
1) In the matter in litigation; or
2) In the success of either party; or  A court‘s power to allow or deny
3) Against both parties; or intervention, albeit discretionary in nature,
4) May be adversely affected by a is circumscribed by the basic demand of
distribution/disposition of property which sound judicial procedure that only a
is in the court‘s or its officer‘s custody; person with interest in an action or
5) One who seeks to intervene should seek proceeding may be allowed to intervene.
the court‘s permission; Otherwise stated, a court has no authority
to allow a person, who has no interest in
The court would have to consider whether or an action or proceeding, to intervene
not the intervention will unduly delay or therein. Consequently, when a court
prejudice the adjudication of the rights of the commits a mistake and allows an
original parties; and the court must also uninterested person to intervene in a
determine whether or not the intervenor‘s case—the mistake is not simply an error of
rights may be fully protected in a separate judgment, but one of jurisdiction.
(Añonuevo vs. Intestate Estate of Jalandoni,
proceeding. (Section 1, Rule 19)
G.R. No. 178221, December 1, 2010)
 To warrant intervention under Rule 19 of
3.L.2. Time to Intervene
the Rules of Court, two requisites must
concur: (1) the movant has a legal
General Rule: At any time before rendition
interest in the matter in litigation; and (2)
of judgment by the trial court. (Sec. 2, Rule 19)
intervention must not unduly delay or
prejudice the adjudication of the rights of
the parties, nor should the claim of the
intervenor be capable of being properly
a) Even after judgment, where the
decided in a separate proceeding. (Office
intervenors are indispensable parties that
of the Ombudsman vs. Sison, G.R. No. 185954,
without them no final adjudication of the
February 16, 2010). Section 1 of Rule 19 of
controversy could be made. (Rodriguez vs.
the Rules of Court provides that a person
CA, G.R. No. 184589, June 13, 2013);
who has a legal interest in the matter in
b) When the Republic is the intervenor (Lim v.
litigation, or in the success of either of the Pacquing, G.R. 115044, January 27, 1995);
parties, or an interest against both, or is c) To protect public interest (Pinlac vs. CA,
so situated as to be adversely affected by G.R. No. 91486. September 10, 2003);
a distribution or other disposition of
property in the custody of the court or of
an officer thereof may, with leave of



Factors to be considered by the court already original sued precisely to implead
parties to the them.
Whether or not the intervention will unduly pending suit.
delay or prejudice the adjudication of the
rights of the original parties. 3.M. SUBPOENA

Whether or not the intervenor‘s rights may be Subpoena is a process directed to a person
fully protected in a separate proceeding. requiring him to attend and to testify at the
hearing or the trial of an action, or at any
How to Intervene: investigation conducted by competent
authority, or for the taking of his deposition.
 File a motion for leave of court to file (Sec. 1, Rule 21)
Types of subpoena
 Attach the complaint or answer in
1. Subpoena Duces Tecum
2. Subpoena Ad Testificandum
3.L.3. Remedy for The Denial of Motion
to Intervene
3.M.1. Subpoena duces tecum
An improper denial of a motion to intervene is
Subpoena duces tecum is a process directed
correctible by appeal, but if there is grave
to a person requiring him to produce in court
abuse of discretion, mandamus will lie if there
any books, documents or things under his
is no other plain, speedy and adequate
control on which he must testify
3.M.2. Subpoena ad testificandum
Remedies for the denial of intervention
Subpoena ad testificandum is a process
 Appeal.
directed to a person requiring him to attend
 Certiorari and Mandamus, if there is abuse
and to testify at the hearing or trial of an
of discretion.
action or at any investigation conducted by
competent authority, or for taking of his
Note: The grant or refusal of a motion to
intervene is discretionary upon the court.
Once exercised, the decision cannot be
3.M.3. Service of subpoena
reviewed or controlled by mandamus, except,
if there is arbitrary abuse of the discretion,
It shall be made in the same manner as
where the court will be called upon to review
personal or substituted service of summons.
the exercise of such discretionary power. If
there is grave abuse of discretion, the party
may also avail of certiorari.
An order to appear An order to answer
INTERVENTI0N INTERPLEADER and testify or to the complaint
produce books and
An ancillary action. An original action.
Proper in any of the Presupposes that the
May be served to a Served on the
four situations plaintiff has no interest in
non-party defendant
mentioned in this the subject matter of the
Rule. action or has an interest Requires tender of Does not need tender
therein which, in whole kilometrage, of kilometrage and
or in part, is not disputed attendance fee and other fees
by the other parties to reasonable cost of
the action. production fee
Defendants are Defendants are being



The original shall be exhibited and a copy Note: No prisoner sentenced to death,
delivered to the person on whom it is served, reclusion perpetua, or life imprisonment, and
tendering to him the fees for one day‘s who is confined in any penal institution shall
attendance and the kilometrage allowed by be brought outside for appearance or
these rules. attendance in any court, unless authorized by
the S.C. ONLY.
Note: When a subpoena is issued by or on
behalf of the Republic of the Philippines or an 3.M.4. Compelling Attendance of
officer or agency thereof. The tender need not Witnesses; Contempt
be made.
The court upon showing of the failure of the
Purpose: To allow the witness a reasonable witness to attend and upon proof of the
time to prepare and travel to the place of service of the subpoena may issue a warrant
attendance. to arrest the witness and bring him before the
court or officer where his attendance is
If the subpoena is duces tecum, the required. The cost of such warrant and seizure
reasonable cost of producing the books, shall be paid by the witness if the court finds
documents or things demanded shall also be that his failure to appear was willful and
tendered. (Sec. 6 Rule 21) without just cause.

Tendering - to present to another person, an Failure to obey a subpoena without adequate

unconditional offer to enter into a contract; it cause shall be deemed a contempt of the
is also a method of delivery, except that the issuing court. If the subpoena was not issued
recipient has the choice not to accept the by a court, the disobedience shall be punished
tender. However, the act of tender completes in accordance with the applicable law or Rule.
the responsibility of the person making the
tender. Exceptions:

The tender may save the tendering party from 1) Where the witness resides more than 100
a penalty of non-performance or may, if the kilometers from his residence to the place
other party unjustly refuses to accept the where he is to testify by the ordinary
tender, it places the other party in default course of travel (Viatory Right), and
(Black‘s Law dictionary 8th edition). 2) Where permission of the court in which the
detained prisoner‘s case is pending was not
Who May Issue a Subpoena? obtained.

 The court before which the witness is 3.M.5. Quashing of Ssubpoena

required to attend.
 The court of the place where the A subpoena duces tecum may be quashed
deposition is to be taken. upon motion promptly made and in any event
 The officer or body authorized by law to before the time specified therein. It must be
do so, in connection with an investigation. shown that it is unreasonable and oppressive
 Any Justice of the Supreme Court or of or the relevancy of the books, documents or
the Court of Appeals in any case or things does not appear, or if the person in
investigation pending within the whose behalf the subpoena is issued fails to
Philippines. (Sec. 2, Rule 21) advance the reasonable cost of the production
Other Errors Allowed by LAW to issue
subpoena (not by the Rules): A subpoena ad testificandum may be quashed
upon showing that the witness is bound
 DOJ; thereby or that the witness feed and
 Ombudsman; kilometrage allowed by the Rules were not
 City Prosecutor tendered when the subpoena was served.



Grounds for Quashing Subpoena 2. Deposition before action (Rule 24)

3. Deposition pending appeal (Rule 24)
(A) Subpoena Ad Testificandum 4. Interrogatories to parties (Rule 25)
5. Admission by the adverse parties (Rule
 Witness is not bound thereby. 26)
 Not meritorious; or 6. Production of documents (Rule 27)
 Not qualified to testify. 7. Production of things (Rule 27)
8. Production of documens and things
(B) Subpoena Duces Tecum 9. Inspection of documents (Rule 27)
10. Inspection of things (Rule 27)
 Unreasonable and oppressive. 11. Inspection of documents and things
 Relevancy of the books, documents or 12. Physical examination of persons (Rule
things does not appear to be prima facie 28)
relevant to the issue. 13. Mental examination of persons (Rule
 Person asking for the subpoena does not 28)
advance the cost for the production of the 14. Physical and mental examination of
articles desired; or persons.
 Subject matter or documents are not
within his power. Note: Rule 23 inapplicable to Criminal
Note: In either case, the subpoena may be
quashed for failure to render the witness fees Civil procedure has suppletory application to
and kilometrage allowed by the rules. criminal cases. However, it is likewise true that
the criminal proceedings are primarily
governed by the Revised Rules of Criminal
Procedure. X x x Sections 12, 13 and 15, Rule
119 of the Revised Rules of Criminal
Discovery - is the procedure that enables
Procedure, allow the conditional examination
one party in an action to obtain, before trial,
of both the defense and prosecution
knowledge of relevant facts and of material
witnesses. X x x
evidence in the possession of the adverse
party or of a witness.
Section 15. Examination of witness for the
prosecution. – When it satisfactorily appears
It is a device employed by a party to obtain
that a witness for the prosecution is too sick
information about relevant matters on the
or infirm to appear at the trial as directed by
case from the adverse party in preparation for
the court, or has to leave the Philippines with
the trial (Riano 2009).
no definite date of returning, he may forthwith
be conditionally examined before the
court where the case is pending. Such
examination, in the presence of the accused,
1) To enable the parties to obtain the fullest
or in his absence after reasonable notice to
possible knowledge of the issues and
attend the examination has been served on
evidence long before the trial thereby
him shall be conducted in the same manner as
preventing surprises during trial;
an examination at the trial. Failure or refusal
2) To effectively shorten the period of
of the accused to attend the examination after
litigation and speed up adjudication.
notice shall be considered a waiver. The
statement taken may be admitted in behalf of
Modes of discovery
or against the accused.
Q: How many modes of discovery?
The conditional examination of a prosecution
witness must take place at no other place than
A: There are 14 modes of discovery.
the court where the case is pending.
1. Deposition pending action (Rule 23)



Twofold purpose: 1. Also by persons mentioned above

BEFORE 2. Secretary of Embassy or legation,
(1) To afford the accused an opportunity to WHOM consul-general, consul, vice-consul
test the testimony of witnesses by cross- or consular agent.
examination, and HOW Introduced as evidence
(2) To allow the judge to observe the
deportment of witnesses, to insures that Discovery resorted to before answer
the witness will give his testimony under
oath, thus deterring lying by the threat of It is only in the exceptional or unusual case
perjury charge (Harry L. Go. Vs. People of that the need for discovery arises, or that it
the Philippines, G.R. No. 185527, July 18, should be allowed before service of answer.
Modes of discovery are intended to be
 Examination of defense witness may be cumulative and not alternative nor mutually
made before any judge, but examination exclusive.
of prosecution witness may be made only
before the court where the case is Discovery is not mandatory but failure to avail
pending. of it carries sanctions under Rules 25 and 26.

 Unlike an examination of a defense Depositions pending action; depositions before

witness which, pursuant to Section 5, Rule action or pending appeal
119 of the previous Rules, and now
Section 13, Rule 119 of the present When Deposition Pending Action is
Revised Rules of Criminal Procedure, may Taken
be taken before any ―judge, or, if not
practicable, a member of the Bar in good  By leave of court, after jurisdiction has
standing so designated by the judge in the been obtained over any defendant or over
order, or, if the order be made by a court the property which is the subject of the
of superior jurisdiction, before an inferior action
court to be designated therein,‖ the  By leave of court, where no answer has
examination of a witness for the yet been filed, even if jurisdiction has
prosecution under Section 15 of the been obtained over the defendant, since
Revised Rules of Criminal Procedure before filing of answer, the disputed facts
(December 1, 2000) may be done only are not clear.
―before the court where the case is  Without leave of court after an answer has
pending.‖ (Viuda de Manggera vs. Risos, G.R. been served.
No. 152643, August 28, 2008)
The deposition of a person confined in prison
WHO Any party may be taken only by leave of court. (Sec. 1,
1. Before summons has been served Rule 23)
- with leave of court
2. After answer has been served - Effects of Errors and Irregularities in
without leave of court
(Sec. 29, Rule 23)
AGAINST 1. Any party [Sec 4 (c), Rule 23]
WHOM 2. Third party (not party to the case)
i.e. witness.
As to notice – All errors and irregularities in
In the Philippines: the notice for taking a deposition are waived
BEFORE Judge unless written objection is promptly served
WHOM Notary public upon the party giving the notice.
Any person authorized to
administer oath as agreed by the As to disqualification of deposition
parties. officer – Objection to taking a deposition
In foreign countries: because of disqualification of the officer



before whom it is to be taken is waived unless There is no rule that limits deposition-taking
made before the taking of the deposition only to the period of pre-trial or before it; no
begins or as soon thereafter as the prohibition against the taking of depositions
disqualification becomes known or could be after pre-trial. Indeed, the law authorizes the
discovered with reasonable diligence. taking of depositions of witnesses before or
after an appeal is taken from the judgment of
As to competency or relevancy of a Regional Trial Court ―to perpetuate their
evidence – Objections to the competency of testimony for use in the event of further
witness or the competency, relevancy, or proceedings in the said court‖ (Rule 134, Rules
materiality of testimony are not waived by of Court), and even during the process of
failure to make them before or during the execution of a final and executory judgment.
taking of the deposition, unless the ground, of (Dasmarinas Garments vs. Reyes, G.R. No. 108229,
the objection is one which might have been August 24, 1993)
obviated or removed if presented at that time.
Deposition in Perpetuam Rei Memoriam
As to oral examination and other (Perpetuation of Testimony)
particulars – Errors and irregularities
occurring at the oral examination in the A person who desires to perpetuate his own
manner of taking the deposition in the form of testimony or that of another person regarding
the questions or answers, in the oath or any matter that may be cognizable in any
affirmation, or in the conduct of the parties court of the Philippines may file a verified
and errors of any kind which might be petition in the court of the place of residence
obviated, removed, or cured if promptly of any expected adverse party.
prosecuted, are waived unless reasonable
objection thereto is made at the taking of the Purpose: To preserve the testimony of
deposition. witnesses for probable use in a future case or
in the event of further proceedings in the
As to form of written interrogatories - same case (Regalado: Vol. 1 8th ed.).
Objections to the form of written
interrogatories submitted under Secs. 25 and How to avail:
26 are waived unless served in writing upon By filing a verified petition in the court of the
the party propounding them within the time place of residence of any expected adverse
allowed for serving succeeding cross or other party, a person who desires to perpetuate his
interrogatories and within 3 days after service own testimony or that of another person
of the last interrogatories authorized. regarding any matter that may be cognizable
in any court of the Philippines.
As to manner of preparation – Errors and
irregularities in the manner in which the Note: Deposition is taken conditionally, and
testimony is transcribed or the deposition is may be used in trial only in case the deponent
prepared, signed, certified, sealed, indorsed, is not available.
transmitted, filed, or otherwise dealt with by
the officer under Secs. 17, 19, 20 and 26 are It is considered a judicial admission although
waived unless a motion to suppress the it does not form part of the records of the
deposition or some part thereof is made with case yet.
reasonable promptness after such defect is, or
with due diligence might have been, The deposition taken does not prove the
ascertained (Sec. 29, Rule 23) existence of any right. The testimony is not
conclusive as to the existence of such right,
3.N.1. Deposition Pending Action; nor of the facts to which they relate as it may
Deposition before action or Pending be controverted at trial in the same manner as
Appeal though no perpetuation of testimony was ever



If there is no objection to its taking and even subsequently brought involving the same
if the deponent did not testify at the hearing, subject matter (Sec. 6, Rule 24)
the perpetuated testimony constitutes prima
facie proof of facts referred to in the DEPOSITIONS AFFIDAVITS
deposition. (Regalado. Vol. 1. 8th ed. p. 330) Written testimony of Mere sworn written
deponent in course of statements.
DEPOSITION DEPOSITION judicial proceedings in
Pending action. No action. hearing.
Terminated in the trial Opportunity for cross- No cross
court but no entry of examination. examination.
judgment. Can be competent Little testimonial
Initiated thru notice. By verified petition. probative value. evidence.

 That the deposition-taking will take place 3.N.1.A. Meaning of deposition

in ―a foreign jurisdiction not recognized by
the Philippines x x x is inconsequential.  Deposition, explained Depositions are
What matters is that the deposition is chiefly a mode of discovery. They are
taken before a Philippine official acting by intended as a means to compel disclosure
authority of the Philippine Department of of facts resting in the knowledge of a
Foreign Affairs and in virtue of a party or other person which are relevant
commission duly issued by the Philippine in some suit or proceeding in court.
Court in which the action is pending, and Depositions, and the other modes of
in accordance, moreover, with the discovery (interrogatories to parties;
provisions of the Philippine Rules of Court requests for admission by adverse party;
pursuant to which opportunity for cross- production or inspection of documents or
examination of the deponent will be fully things; physical and mental examination
accorded to the adverse party.(Ibid) of persons) are meant to enable a party to
learn all the material and relevant facts,
Depositions Pending Appeal not only known to him and his witnesses
but also those known to the adverse party
 If an appeal has been taken, or before the and the latter's own witnesses. In fine, the
taking of an appeal; object of discovery is to make it possible
 If the time therefor has not expired; for all the parties to a case to learn all the
 The court in which the judgment was material and relevant facts, from whoever
rendered may allow the taking or may have knowledge thereof, to the end
deposition of witnesses to perpetuate their that their pleadings or motions may not
testimony for use in the event of further suffer from inadequacy of factual
proceedings in the said court. foundation, and all the relevant facts may
 The party who desires to do so may make be clearly and completely laid before the
a motion in the said court for leave to take Court, without omission or suppression. X
deposition. x x Depositions are principally made
 Judgment must be final, but not available by law to the parties as a means
executory. of informing themselves of all the relevant
facts; they are not therefore generally
Depositions are taken pending appeal with the meant to be a substitute for the actual
view to their being used in the event of testimony in open court of a party or
further proceeding in the court of origin or witness. The deponent must as a rule be
appellate court. (Sec. 7, Rule 24) presented for oral examination in open
court at the trial or hearing. This is a
The deposition taken under this Rule is requirement of the rules of evidence.
admissible in evidence in any action (Dasmarinas Garments vs. Reyes, Supra)



 Deposition is testimony of a witness Scope of inquiry in deposition

taken upon oral question or written
interrogatories, not in open court, but Deponent may be examined on all matters:
in pursuance of a commission to take 1) Matters which are relevant to the subject
testimony issued by court, or under a of the pending action;
general law or court rule on the 2) Matters which are not privileged; and
subject, and reduce to writing and 3) Matters that are not restricted by a
duly authenticated, and intended to protective order.
be used in preparation and upon the
trial of a civil or a criminal Depositions are not generally meant to
prosecution.. The person who is substitute for the actual testimony in open
deposed is called the deponent. The court of a party or witness.
deposition is conducted under oath
outside of the court room, usually in The deponent must be presented for oral
one of the lawyer's offices. A examination in open court during trial.
transcript — word for word account — Otherwise, any deposition offered to prove the
is made of the deposition. Testimony facts at the trial of the case may be opposed
of [a] witness, taken in writing, under and excluded as hearsay, except in specific
oath or affirmation, before some instances authorized by the rules under Sec.
judicial officer in answer to questions 4, Rule23
or interrogatories. (People vs. Webb, 312
SCRA 573)
3.N.1.B. Uses; Scope of Examination
Rules on Civil Procedure can apply
suppletorily in criminal cases. Hence, Use of Deposition Pending Action
the rules on deposition may apply in
criminal cases. Depositions may be Who Use of Deposition
taken before trial, or even during trial, Any party. For contradict or for impeaching the
upon the discretion of the court. testimony of deponent as a witness.
Adverse For any purpose, when deponent was
Depositions are intended as a means party. an officer, director, or managing agent
to compel disclosure of facts resting in of a public or private corporation,
partnership, or association which is a
the knowledge of a party or other
party at the time the deposition was
person, which are relevant in suit or taken.
proceeding. Any party. For any purpose, if the court finds
that the:
Classification of Depositions 1. Witness is dead; or
2. Witness resides at a
a) Deposition on Oral Examination; distance more than 100
b) Deposition upon Written Interrogatories; kilometers from the place of
c) Depositions De Bene Esse are those taken trial or hearing, unless it
appears that his absence was
for purposes of a pending action (Rule 23);
procured by the party
d) Depositions In Perpetuam Rei Memoriam - offering the deposition, or
those taken to perpetuate evidence for 3. Witness is unable to testify
purposes of an anticipated action or because of age, sickness,
further proceedings in a case on appeal. infirmity, or imprisonment; or
(Rule 24) 4. That the party offering the
deposition has been unable
Deposition may be used at the trial upon to procure the attendance of
hearing of a motion or hearing of an witnesses by subpoena; or
interlocutory order. 5. Exceptional circumstances
exist to make it desirable to
allow the use of the



Who Use of Deposition Effects of Taking Depositions:

deposition, in the interest of
justice and with due regard A party shall not be deemed to make a person
to the importance of his own witness for any purpose by taking his
presenting the testimony of
deposition. (Sec. 7, Rule 23)
witnesses orally in open
Effect of Using Depositions:

The introduction in evidence of the deposition

or any part thereof for any purpose makes the
deponent the witness of the party introducing
the deposition, except —

 If it is introduced to impeach or contradict

the witness; or
 If it is the deposition of the opposing
party. (Sec. 8, Rule 23)

Adverse When a party offers in evidence only a 3.N.1.C. When May Objections to
party. part of the deposition: Admissibility be made
Any party. To require party offering to introduce
all of it which is relevant to the part
Objections to admissibility
Adverse To introduce any other parts, when
party. the party using the deposition is Subject to the provisions of section 29 of this
offering only a part of it in evidence. Rule, objection may be made at the trial or
Any party. hearing to receiving in evidence any
deposition or part thereof for any reason
Scope of Examination which would require the exclusion of the
(Unless otherwise ordered by the court as evidence if the witness were then present and
provided by Sec. 16 or 18, the deponent may testifying. (Sec. 6, Rule 23)
be examined regarding:)
3.N.1.D. When May Taking of Deposition
a. any matter not privileged be Terminated or its Scope Limited
b. which is relevant to the pending action,
whether relating to the claim or defense Motion to terminate or limit the
of any other party, including the examination
existence, description, nature, custody,
condition, and location of any books, At any time during the taking of the
documents, or other tangible things and deposition, on motion or petition of any party
the identity and location of persons having or of the deponent, and upon a showing that
knowledge of relevant facts. the examination is being conducted in bad
c. Not restricted by a protective order. faith or in such manner as unreasonably to
annoy, embarrass, or oppress the deponent or
Use of Deposition Pending Appeal party, the court in which the action is pending
or the Regional Trial Court of the place where
a) To allow appellate court to admit the deposition is being taken may order the
evidence; officer conducting the examination to cease
b) Retrial; forthwith from taking the deposition, or may
c) New Trial; limit the scope and manner of the taking of
d) Remand for Further Proceedings. the deposition, as provided in Section 16 of
this Rule.



If the order made terminates the examination, been ―returned unexecuted‖ as is

it shall be resumed thereafter only upon the apparent from Form 21 of the ―Judicial
order of the court in which the action is Standard Forms‖ appended to the Rules of
pending. Upon demand of the objecting party Court. (Ibid)
or deponent, the taking of the deposition shall
be suspended for the time necessary to make Letters Rogatory – also known as letters of
a notice for an order. In granting or refusing request, is a document issued by one court to
such order, the court may impose upon either a foreign court requesting it to:
party or upon the witness the requirement to a) Take evidence from a specific person
pay such costs or expenses as the court may within the foreign jurisdiction or serve
deem reasonable. (Sec. 18, Rule 23) process on a person whether real or
artificial within the foreign jurisdiction;
Persons before whom deposition may be b) Return the testimony or proof of service
taken (Secs. 10-11, Rule 23) for use in the pending case. (Black‘s Law
dictionary. 8th edition)
A. Within the Philippines (JAN)
1) Judge. Commission - An instrument issued by a
2) Any person authorized to administer Court of Justice, or other competent tribunal,
oaths, if the parties so stipulate in to authorize a person to take depositions or do
writing. any other acts by authority of such court or
3) Notary Public. tribunal (Dasmarinas Garments, Inc. vs Reyes,
G.R. No 108229)
B. Outside the Philippines
 On notice, before a Secretary of COMMISSION LETTERS
Embassy or Legation, Consul General, ROGATORY
To Whom Issued to a non- Issued to the
Consul, Vice-Consul, or consular agent
Issued judicial foreign appropriate
of the Philippines. officer who will judicial officer
 Before such person or officer as may directly take the of the foreign
be appointed by commission or under testimony. country who
letters rogatory. will direct
 Any person authorized to administer somebody in
oaths, if the parties so stipulate in said foreign
writing. country to
take down
 Commission may be defined as ―an
Applicable Applicable rules Applicable
instrument issued by a court of justice, or
Rules of procedure are rules of
other competent tribunal, to authorize a those of the procedure are
person to take depositions, or do any requesting court. those of the
other act by authority of such court or foreign court
tribunal.‖ (Ibid) requested to
 Letters rogatory may be defined as ―an When Resorted to if Resorted to if
instrument sent in the name and by the Resorted to permission of the the execution
authority of a judge or court to another, foreign country is of the
given. commission is
requesting the latter to cause to be
refused in the
examined, upon interrogatories filed in a foreign
cause pending before the former, a country.
witness who is within the jurisdiction of As to Leave of court is Leave of court
the judge or court to whom such letters Nessecity not necessary. is necessary.
are addressed.‖ (Ibid) Noteworthy x x x is of Leave of
that letters rogatory may be applied for Court
and issued only after a commission has



3.N.2. Written Interrogatories to Scope of Interrogatories

Adverse Parties Any matters that can be inquired into under
Section 2 of Rule 23
A party desiring to take relevant facts from
any adverse party shall file and serve upon Note: Any matter not privileged, which is
the latter written interrogatories to be relevant to the subject of the pending action,
answered by the party served. whether relating to the claim or defense of
any other party, including the existence,
If the person served is a private or public description, nature, custody, condition and
corporation, partnership or association, then it location of any books, documents or other
will be answered by any officer competent to tangible things and identity and location of
testify in its behalf. (Sec 1, Rule 25) persons having knowledge of relevant facts.
(Sec. 5, Rule 25)
How served:
Use of Interrogatories
With leave of court: Before answer has (Sec. 5, Rule 25)
been served.
The answers to interrogatories may be used
Without leave of court: Only after answer for the same purposes provided in Section 4 of
has been served for the first set of Rule 23:
a) By any party, to contradict or impeach the
Written interrogatories and the answers testimony of deponent as a witness.
thereto must both be filed and served. b) By an adverse party, for any purpose,
Answers may constitute judicial admissions. when deponent was an officer, director, or
managing agent of a public or private
Interrogatories may embrace any relevant corporation, partnership, or association
matter, unless the same is privileged or which is a party at the time the deposition
prohibited by a court order. was taken.
c) By any party, for any purpose, when the
Since answers to interrogatories may be used court finds that:
in the same manner as a deposition, such may
also be used as a basis for summary judgment  The witness is dead; or
under Rule 35.  The witness resides at a distance
more than 100 kilometers from the
BILL OF place of trial or hearing, or is out of
PARTICULARS the Philippines, or
A party may properly A party may properly  The witness is unable to attend or
seek disclosure of seek disclosure only of testify because of age, sickness,
matter of proof which matter which define infirmity, or imprisonment; or
may later be made a the issues and become  The witness has not been
part of the records as part of the pleadings
subpoenaed, or
 Exceptional circumstances exist to
make it desirable to allow the use of
Bill of Particulars - designed to clarify
the deposition, in the interest of
ambiguties in a pleading or to state with
justice a
sufficient definiteness allegations in a
 nd with due regard to the
pleading. Hence, it is a direct pleading.
importance of presenting the
Interrogatories to parties - not directed to a
testimony of witnesses orally in
particular pleading. Instead they seek to
open court
disclose all material and relevant facts from a
 When a party offers in evidence only
a part of the deposition:



1) By an adverse party, to require

party offering to introduce all of Exception: UNLESS thereafter allowed by
it that is relevant to the part the court
introduced.  For good cause shown and
2) To introduce any other parts,  To prevent a failure of justice
when the party using the
deposition is offering only a part A party who previously avails of written
of it in evidence. interrogatories, as a mode of discovery,
cannot be prevented from resorting to a
Answer to written interrogatories deposition on oral examination because
the fact that information sought had been
The interrogatories shall be answered: obtained by answers to interrogatories does
not bar an examination before trial, and such
1. Fully in writing; and prior taking is not a valid objection to the use
2. Signed and sworn to by the person of deposition in good faith, there being no
making them. duplication.

Knowledge by the petitioner of the facts

concerning which the proposed deponent is to
3.N.2.A. Consequences of Refusal to be examined on does not justify refusal of
Answer such examination.

The party who fails to serve his answer to DISTINCTIONS BETWEEN DEPOSITION
written interrogatories may be the subject of a UPON WRITTEN INTERROGATORIES

3.N.2.B. Effect of failure to serve written

interrogatories (Sec. 6, Rule 25)
Deposition Upon
Interrogatories to
General Rule: A party not served with Written
written interrogatories may not be: Interrogatories
(Rule 25)
(Rule 23)
Deponent may be a Deponent must be a
 Compelled by the adverse party to give
party or ordinary party.
testimony in open court, or witness.
 To give a deposition pending appeal. Covers direct, cross, Covers only one set of
redirect, re-cross interrogatories.
 One of the purposes of the above rule is examination.
to prevent fishing expeditions and Proceeded upon with No intervention of such
needless delays; it is there to maintain the intervention of the an officer. Interrogatories
order and facilitate the conduct of trial. It officer authorized by are directed to the party
will be presumed that a party who does the court to take himself.
not serve written interrogatories on the deposition.
No fixed time to 15 days to answer unless
adverse party beforehand will most likely
answer. extended or reduced by
be unable to elicit facts useful to its case if
the Court
it later opts to call the adverse party to
the witness stand as its witness. Instead,
3.N.3. Request for Admission
the process could be treated as a fishing
expedition or an attempt at delaying the
Purpose: To expedite trial and relieve the
proceedings; it produces no significant
parties of the costs of proving facts which will
result that a prior written interrogatories
not be disputed on trial and the truth of which
might bring. (Sps. Afulugencia vs. Metrobank,
can be ascertained by reasonable inquiry.
G.R. No. 185145, February 5, 2014)



Admission by Adverse Party admit anything deny anything

Written request must be Written request
filed in court and served must be filed in
This mode of discovery contemplates
on the adverse party court and served on
interrogatories seeking clarification in order to the adverse party
determine the truth or falsity of the allegation Must be objected within Must be objected
in a pleading. 10 days (Rule 25) within 15 days

Scope of Request for Admission (Sec. 1, 3.N.3.A. Implied Admission by

Rule 26) Adverse Party
Each of the matters of which an admission is
Admission of the genuineness of any material requested shall be deemed admitted unless,
and relevant document described in and within a period designated in the request,
exhibited with the request. which shall not be less than fifteen (15) days
after service thereof, or within such further
The documents herein referred to are not time as the court may allow on motion, the
actionable documents. party to whom the request is directed files and
serves upon the party requesting the
Admission of the truth of any material and admission a sworn statement either denying
relevant matter of fact set forth in the request. specifically the matters of which an admission
A matter of fact not related to any documents is requested or setting forth in detail the
may be presented to the other party for reasons why he cannot truthfully either admit
admission or denial. or deny those matters. (Sec. 2, Rule 26)]

Distinguished from Rule on Actionable Upon service of request for admission, the
Documents (Rule 8 Section 8) party served may do any of the following acts:
 Actionable Document under Rule 8 is a
written instrument upon which the action a) he may admit each of the matters of which
or defense is based. an admission is requested, in which case, he
 Documents sought to be admitted under need not file an answer;
the modes of discovery (Rule 26) are other
written instruments where action or b) he may admit the truth of the matters of
defense are not based. which admission is requested by serving upon
the party requesting a written admission of
A request for admission is proper when the such matters within the period stated in the
genuineness of an evidentiary document is request, which must not be less than ten (10)
sought to be admitted. days after service, or within such further time
as the court may allow on motion and notice;
If not denied under oath in accordance with
Section 2, its genuineness is deemed c) he may file a sworn statement denying
admitted. If the document is actionable, the specifically the matter of which an admission
original or a copy should be attached to the is requested; or
complaint, or copied therein, and its
genuineness and due execution is deemed d) he may file a sworn statement setting forth
impliedly admitted unless specifically denied in detail the reasons why he cannot truthfully
under oath by the adverse party. either admit or deny the matters of which an
admission is requested. (Allied Agri-business
Distinguished from Written Development Co., Inc. vs. CA G.R. No. 118438,
Interrogatories December 4, 1998)


Adverse party or witness Adverse party only
NOT required to deny or Required to admit or



Remedy of the party: alleged therein are deemed admitted, hence

no issues. (Allied Agri-business vs. CA, supra)
File a motion to be relieved of the
consequences of the implied admission. The 3.N.4. Production or Inspection of
amendment of the complaint per se cannot set Documents or Things
aside the legal effects of the request for
admission since its materiality has not been Purpose: The purpose of this mode of
affected by the amendment. discovery is to allow a party to seek an order
from the court in which the action is pending
3.N.3.B. Consequences of failure to to:
answer request for admission
(a) order any party to produce and permit the
Summary judgment may be asked when a inspection and copying or photographing, by
request and order for admission was never or on behalf of the moving party, of any
answered. It is a settled rule that summary designated documents, papers, books,
judgment may be granted if the facts which accounts, letters, photographs, objects or
stand admitted by reason of a party‘s failure to tangible things, not privileged, which
deny statements contained in a request for constitute or contain evidence
admission show that no material issue of fact material to any matter involved in the action
exists. By its failure to answer the other and which are in his possession, custody or
party‘s request for admission, petitioner has control;
admitted all the material facts necessary for
judgment against itself. (Ibid) (b) order any party to permit entry upon
designated land or other property in his
3.N.3.C. Effect of Admission possession or control for the purpose of
An admission under this mode of discovery is inspecting, measuring, surveying, or
for the purpose of the pending action only and photographing the property or any designated
cannot be used in other proceedings. relevant object or operation thereon (Sec. 1,
Rule 27, Rules of Court)
Form of Admission: A sworn statement
either denying specifically the matters for Applicability: Applicable to a pending action
which an admission is requested, or setting and the documents or things subject of the
forth in detail the reason why he cannot motion must be only those within the
truthfully admit or deny those matters. (Sec. possession, control, or custody of a party
2, Rule 26)
Note: Production of documents affords more
3.N.3.D Effect of Failure to File and opportunity for discovery than a subpoena
Serve Request For Admission duces tecum because in the latter, the
documents are brought to the court for the
General Rule: The party who fails or refuses first time on the date of the scheduled trial
to file and serve a request the admission of wherein such documents are required to be
facts in question is prevented from thereafter procured.
presenting evidence thereon unless otherwise
allowed by the court. Requisites of production or inspection of
documents or things:
(1) For good cause shown‘ and 1. A motion must be filed by a party showing
(2) To prevent a failure of justice. good cause thereof;
2. Notice of the motion must be given to all
If there is a request for admission, and there other parties;
is no answer to such request, a motion for
summary judgment is proper because facts



3. The motion must be sufficiently describe  upon notice to the party to be examined
the documents or thing sought to be and to all other parties, and shall specify
produced or inspected; the time, place, manner, conditions and
4. The document or thing sought to be scope of the examination and the person
produced or inspected must constitute or or persons by whom it is to be made.
contain evidence material to the pending Waiver of privilege:
Where the party examined requests and
 The document or thing sought to be obtains a report on the results of the
produced or inspected must not be examination:
privileged; and
 The document or thing sought to be  He is obliged to furnish the other party a
produced or inspected mus be in the copy of the report of any previous or
possession of the adverse party or, at subsequent examination of the same
least, under his control. physical and mental condition; and
 He waives any privilege he may have in
The test to be applied in determining the that action or any other involving the
relevancy of the documents and sufficiency of same controversies regarding the
their description is one of reasonableness and testimony of any other person who has so
practicality. examined him or may thereafter examine
Refusal to Comply with Modes of
Essentially a mode of Means of compelling
discovery. production of evidence.
Limited to the parties May be directed to a
to the action. person whether a party or Sanctions:
not. 1) Those which are sought to be established
The order under this May be issued upon an ex are deemed established;
rule is issued only parte application. 2) Contempt;
upon motion with 3) Payment of reasonable fees;
notice to adverse 4) The matter regarding which the questions
party. were asked, character or description of
land, et al., be taken to be in accordance
3.N.5. Physical and Mental Examination with the claim of the party obtaining the
of Persons order;
5) Prohibition on the refusing party to
 This applies only to parties, NOT produce evidence, support or oppose the
witnesses. designated claims or defenses;
 Since the results of the examination are 6) Striking out pleadings, order the dismissal
intended to be made public, the same are of the action, or stay the action until
not covered by the physician-patient compliance, or to render judgment by
privilege. default; and
 Under this rule, the examining physician 7) Order the arrest of the refusing party
becomes essentially an officer of the court except in case of physical and mental
ordering the examination. examination.

Order for examination Note: Availment of one mode of discovery will

not bar the party from obtaining another
mode of discovery. (Fortune Corp vs. C.A, G.R.
The order for examination may be made only: No. 108119, January 19, 1994)
 on motion for good cause shown, and



Note: The only exception where order of to submit to physical the action in accordance
default is not preceded by a motion to declare or mental examination with the claim of the party
in default- failure to comply with the modes of obtaining them (Sec. 3[a],
discovery Rule 29, Rules of Court).
(b) The court may issue an
order refusing to allow the
3.N.6 Consequences of Refusal to disobedient party to refuse
comply with the discovery or support designated
claims or defenses or
Refusal Effects prohibiting him from
Refusal to answer any (a) The court may upon introducing in evidence
question upon oral proper application, compel designated documents or
examination a deponent who refuses to things or items of
answer an oral testimony, or from
examination. The same introducing evidence of
applies to a witness who physical or mental
refuses to answer an condition (Sec. 3[b], Rule
interrogatory submitted 29, Rules of Court).
(Sec. 1, Rule 29, Rules of (c) The court may issue an
Court). order striking out pleadings
A refusal to answer after or parts thereof, or staying
being directed by the court further proceedings until
may be considered as a the order is obeyed, or
contempt of court (Sec. 2, dismissing the action or
Rule 29, Rules of Court). proceeding or any part
The court may order the thereof, or rendering a
deponent, a party, or the judgment by default
counsel advising the against the disobedient
refusal, or both of them, to party (Sec. 3[c], Rule 29,
pay the proponent the Rules of Court).
amount of reasonable (d) The court may direct
expenses incurred in the arrest of any party or
obtaining the order, agent of a party for
including attorney‘s fees disobeying any of the
(Sec. 1, Rule 29, Rules of orders of the court, except
Court). an order to submit to a
(b) If the application for an physical or mental
order to compel a deponent examination (Sec. 3[d],
to answer is denied Rule 29, Rules of Court).
because of the absence of
a substantial justification, Refusal to be sworn A refusal of a party to be
the court may require the sworn after being directed
proponent or the counsel by the court may be
advising the application, or considered as contempt of
both of them, to pay court (Sec. 2, Rule 29,
to the refusing party or Rules of Court).
deponent the amount of
reasonable expenses Refusal to admit If a party refuses to admit
incurred in opposing the the genuineness of any
application, including document or the truth of
attorney‘s fees (Sec. 1, any matter of fact and
Rule 29, Rules of Court). serves a sworn denial
thereof and if the other
Refusal to answer (a) The court may order party later on proves the
designated or that the matters regarding genuineness of the
particular questions or which the questions were document or the truth of
refusal to produce asked shall be taken as such matter of fact, the
documents or things or established for purposes of court upon proper



application, may order the Exceptions:

former to pay the 1) Judgment on the pleading
reasonable expenses in 2) Summary judgment where there is no
making such proof, genuine issue
including attorney‘s fees
3) Judgment on compromise
(Sec. 4, Rule 29, Rules of
Court). 4) Judgment by confession
5) Dismissal with prejudice
Failure to attend 1. The court may: 6) Cases under Rules on Summary Procedure
depositions or to serve (a) strike out all or any part
answers to of the pleading of that 3.O.1 Adjournment and Postponements
interrogatories party, or dismiss the action (Sec. 2, Rule 30)
or proceeding or any part
thereof, or Adjournment
(b) enter a judgment by
default against that party,
A court has the power to adjourn trial from
and in its discretion,
(c) order him to pay
day to day, and to any stated time, as the
reasonable expenses expeditious and convenient transaction of
incurred by the other, business may require.
including attorney‘s fees
(Sec.5, Rule 29, Rules of However, the court has no power to adjourn a
Court). trial for a period longer than one (1) month
for each adjournment, nor more than three
2. The consequences under (3) months in all, EXCEPT when authorized in
Sec. 5 of Rule 29 will apply
writing by the Court Administrator of the
if a party refuses to answer
the whole set of written
Supreme Court.
interrogatories, and not
just a particular question. 3.O.2. Requisites of Motion to Postpone
Where the party upon Trial
whom the written A motion to postpone trial may be granted on
interrogatories is served, the following grounds and upon showing of
refuses to answer a the requisite affidavit or certification:
particular question in the
set of written
a) Unavailability of evidence or witness (Sec.
interrogatories and despite
3, Rule 30)
an order compelling him to
answer the particular
b) Unavailability or illness of party or counsel
question, still refuses to
(Sec. 4, Rule 30)
obey the order, Sec. 3(c) of c) When actions are suspended
Rule 29 will apply (Zepeda v.
China Banking Corporation, 3.O.2.A. Requisites of postponement due
G.R. No. 172175, October 9, to unavailability of evidence or witness:
1. Motion for postponement stating the
grounds relied upon.
2. Affidavit showing:
Trial is the judicial process of investigating and
 The evidence expected to be obtained is
determining the legal controversies starting
material or relevant; or
with the production of evidence by the plaintiff
 Due diligence has been used to procure
and ending with his closing arguments.
the evidence.
General Rule: When an issue exists, trial is
Note: If the adverse party admits the facts for
necessary. Decisions should not be rendered
which evidence to be given in evidence, even
without trial.
if he objects or reserves the right to their



admissibility, the trial shall not be postponed. separation, and declaration of nullity of
(Sec 3, Rule 30) marriage.
Facts stipulated by the parties need not be
3.O.2.B. Requisites of postponement due proven. It cannot be contradicted by evidence
to illness of party or counsel: to the contrary, and it is conclusive upon the
parties, unless it is shown that the admission
1. Motion for postponement stating the was made through a palpable mistake. (Bunag
grounds relied upon. vs Court of Appeals, 158 SCRA 299, G.R. No. L-
39013, 1988)
2. Affidavit showing:
3.O.4. Order of trial; Reversal of order
 That the presence is indispensable; or
 Character of illness is such as to render Order of Trial
non-attendance excusable.
Subject to the provisions of section 2 of Rule
Every civil action or proceeding shall be 31, and unless the court for special reasons
suspended: otherwise directs, the trial shall be limited to
the issues stated in the pre-trial order and
 If willingness to discuss a possible shall proceed as follows:
compromise is expressed by one or both a. The plaintiff shall adduce evidence in
parties; or support of his complaint;
 If it appears that one of the parties, b. The defendant shall then adduce
before the commencement of the action evidence in support of his defense,
or proceeding, offered to discuss a counterclaim, cross-claim and third-
possible compromise but the other party party complaints;
refused the offer. (Art. 2030, Civil Code) c. The third-party defendant if any, shall
adduce evidence of his defense,
3.O.3. Agreed Statement of Facts (Sec. 6, counterclaim, cross-claim and fourth-
Rule 30) party complaint;
d. The fourth-party, and so forth, if any,
Also known as STIPULATION OF FACTS and is shall adduce evidence of the material
among the purposes of a pre-trial. facts pleaded by them;
e. The parties against whom any
Agreed Statement of Facts is conclusive on the counterclaim or cross-claim has been
parties as well as on the court. Neither of the pleaded, shall adduce evidence in
parties may withdraw from the agreements, support of their defense, in the order to
nor may the court ignore the same. be prescribed by the court;
f. The parties may then respectively
The parties may also stipulate verbally in open adduce rebutting evidence only, unless
court. Such stipulations are permitted by the the court, for good reasons and in the
court on good cause shown. Judgment based furtherance of justice, permits them to
on a compromise agreement is executory and adduce evidence upon their original
non-appealable. case; and
g. Upon admission of the evidence, the
The counsels cannot stipulate on what their case shall be deemed submitted for
respective evidence consists of and ask that decision, unless the court directs the
judgment be rendered on the basis of such parties to argue or to submit their
stipulation. respective memoranda or any further
Stipulation of Facts are not permitted in
actions for annulment of marriage, legal If several defendants or third-party
defendants, and so forth, having separate



defenses appear by different counsel, the proceedings may be done or conducted by a

court shall determine the relative order of judge in chambers, without the attendance of
presentation of their evidence. (1a, R30) the clerk or other court officials.

Reverse Order of Trial 3.O.5 Consolidation or Severance of

Hearing or Trial
As a rule, plaintiff opens the trial. However,
where the answers of the defendant admitted Consolodation
the obligation stated in the complaint,
although special defenses were pleaded, the Consolodation is the act or process of uniting
plaintiff has every right to insist that it was for several actions into one trial and judgment, by
the defendant to come up with evidence in order of a court, where all the actions are
support of his special defenses. (Yu vs Mapayo, between the same parties, pending in the
44 SCRA 163, G.R. No. L-29742, 1972) same court, and involving substantially the
same subject matter, issues and defenses.
 If the answer admits the defendant‘s
obligation as alleged in the complaint but When actions involving a common question of
special defenses were alleged, the plaintiff law or fact are pending before the court, it
does not have to present evidence since may order a joint hearing or trial of any or all
judicial admissions do not require proof the matters in issue in the actions. In
and it should be the defendant who consolidation, there must be at least two
should forthwith present evidence in cases.
support of his special defenses.
Additional evidence may be offered at the
rebuttal stage if it was newly discovered Severance is the act of dividing a lawsuit into
evidence, or omitted through mistake or two or more independent causes, each of
inadvertence or where the purpose is to which terminates in separate, final and
correct evidence previously offered, enforceable judgment. In severance, there is
subject to the discretion of the court. only one action.
(Heirs of Santioque vs. Heirs of Calma, GR. No.
160832, October 27, 2006) The rule on separate trials in civil actions is
found in Section 2, Rule 31 of the Rules of
“HOT TUB” HEARING Court, which reads:

In a "hot tub" hearing, the judge can hear all Section 2. Separate trials. – The court, in
the experts discussing the same issue at the furtherance of convenience or to avoid
same time to explain each of their points in a prejudice, may order a separate trial of any
discussion with a professional colleague. The claim, cross-claim, counterclaim, or third-party
objective is to achieve greater efficiency and complaint, or of any separate issue or of any
expedition, by reduced emphasis on cross- number of claims, cross-claims, counterclaims,
examination and increased emphasis on third-party complaints or issues.
professional dialogue, and swifter
identification of the critical areas of The text of the rule grants to the trial court
disagreement between the experts. the discretion to determine if a separate trial x
[International Service for the Acquisition of Agri- x x should be held, provided that the exercise
Biotech Applications, Inc. vs. Greenpeace Southeast
of such discretion is in furtherance of
Asia (Philippines), G.R. No. 209271, December 08,
2015] convenience or to avoid prejudice to any
party. X x x
All trials upon merits shall be conducted in
open court and so far as convenient in a Three factors to weigh in determining whether
regular courtroom. All other acts or to order separate trials for separate
defendants. These are:



consolidated with the case having the lower

1) whether separate trials would further the docket number.
convenience of the parties;
2) whether separate trials would promote Consolidation is a procedural device to aid the
judicial economy; and court in deciding how cases in its docket are
3) whether separate trials would avoid to be tried so that the business of the court
substantial prejudice to the parties. may be dispatched expeditiously and with
(Metrobank vs. Sandoval, G.R. No. 169677, economy while providing justice to the parties.
February 18, 2013) To promote this end, the rule allows the
consolidation and a single trial of several cases
Purpose of Consolidation in the court‘s docket, or the consolidation of
issues within those cases.
 To avoid multiplicity of suits
 To guard against oppression or abuse In the context of legal procedure, the term
 To prevent delay "consolidation" is used in three different
 To clear congested dockets senses:
 To simplify the work of the trial court
 To save unnecessary costs and expenses.  Where all except one of several actions
are stayed until one is tried, in which case
Ways of Consolidating Cases the judgment in the one trial is conclusive
as to the others. This is not actually
1) By RECASTING the cases already consolidation but is referred to as such.
instituted conducting only one hearing and (quasi-consolidation)
rendering only one decision  Where several actions are combined into
2) By CONSOLIDATING the existing cases, one, lose their separate identity, and
and holding only one hearing and become a single action in which a single
rendering only one decision; and judgment is rendered. This is illustrated by
3) Test Case Method: wherein only the a situation where several actions are
principal case is heard and the hearing on pending between the same parties stating
the others is suspended until the claims which might have been set out
judgment has been rendered in the originally in one complaint. (actual
principal case. consolidation)

General Rule: Consolidation is discretionary  Where several actions are ordered to be

with the court. tried together but each retains its
separate character and requires the entry
Exceptions: Consolidation becomes a matter of a separate judgment. This type of
of duty: consolidation does not merge the suits
into a single action, or cause the parties to
a) If the cases, same parties and same one action to be parties to the other.
subject matter are pending before the (consolidation for trial). (Republic vs.
same judge; or Heirs of Oribello, Jr., G.R. No. 199501, March
b) If cases were filed with different branches 6, 2013)
of a court and one of such cases has not
been partially tried. 3.O.6 Delegation of Reception of
Notes: Consolidation of cases on appeal is
allowed. General Rule: The judge of the court where
the case is pending shall personally receive
Generally, the case which was appealed later the evidence to be adduced by the parties
and bearing the higher docket number is (Sec. 9, Rule 30).



Exception: Doctrine of Delegated Reception accounting can be delegated to a

(Laluan vs. Malpaya, 65 SCRA 494) The Clerk of commissioner.
Court may receive evidence when so
delegated by the court under the following The word commissioner includes:
conditions: 1) Referee
a) In default hearing 2) Auditor
b) In ex-parte hearing 3) Examiner
c) In any case where the parties agree in
writing How made:
Reference by consent (Sec. 1, Rule 32)
Notes: The Clerk of Court to whom Reference ordered by motion (Sec. 2, Rule 32)
delegation is made must be a member of the
bar. 3.O.7.A. Reference by Consent or
Reference ordered by motion
Unlike the commissioner under Rule 32 who
―unless otherwise provided in the order of By written consent of both parties, the court
reference, may rule upon the admissibility of may order any or all of the issues in a case to
evidence,‖ under Rule 30, ―The clerk of court be referred to a commissioner to be agreed
is devoid of power to rule on objections to any upon by the parties or to be appointed by the
question or to the admission of evidence or court.
exhibits, which objection shall be resolved by
the court upon submission of his report and The Court may, upon the application of either
the transcripts within ten (10) days from party or of its own motion, direct a reference
termination of the hearing. to a commissioner.

3.O.7. Trial by commissioner When Made:

a) When the trial of an issue of facts requires
Commissioner is a person to whom a case the examination of a long account on
pending in court is referred, for him to take either side;
testimony, hear the parties and report thereon b) When the taking of an account is
to the court, and upon whose report, if necessary for the information of the court
confirmed, judgment is rendered. before the judgment, or for carrying a
judgment or order into effect;
Trial by Commissioner applies when there is c) When a question of facts other than upon
something to be tried which requires some the pleadings arises upon motion or
technical expertise, which the court feels it otherwise, in any stage of a case; or
does not possess. d) For carrying a judgment or order into
Trial by Commissioner depends largely upon
the discretion of the court; but the following 3.O.7.B. Powers of the Commissioner
are instances when such appointment is
mandatory: a) To regulate the proceeding in every
1. In expropriation proceedings, the hearing before him.
court shall appoint no more than three (3) b) To do all acts necessary or proper for the
commissioners for the determination of efficient performance of his duties under
just compensation; the order.
2. Partition c) To issue subpoenas ad testificandum and
3. Settlement of Estate of a Deceased subpoenas duces tecum.
Person in case of trial of contested claims; d) To swear in witnesses.
and e) To rule upon the admissibility of evidence
4. The hearing for the approval of the unless otherwise provided in the order.
executor or administrator's



If a party fails to appear at the time and place  Adopting, modifying, or rejecting the
appointed, the commissioner may: report in whole or in part; or
 Recommitting it with instructions; or
 Proceed ex parte; or  Requiring the parties to present further
 In his discretion, adjourn the proceedings evidence before the commissioner or the
to a future day, giving notice to the court.
absent party or his counsel of the
adjournment. Note: Failure to set the commissioner‘s report
for hearing is not necessarily erroneous where
3.O.7.C. Commissioner‟s report; Notice parties were already granted opportunities to
to parties and hearing on the report be heard.

Upon the completion of the trial or hearing or 3.P. DEMURRER TO EVIDENCE

proceeding before the commissioner, the
commissioner: Is a form of a motion to dismiss filed after the
plaintiff has completed the presentation his
a) Shall file with the court in writing upon the evidence, the defendant may move to dismiss
matters submitted to him by the order of the complaint on the ground that the plaintiff
reference. has shown no right to relief upon the facts
b) When his power is not specified or limited, and the law (insufficiency of evidence).
shall set forth his findings of facts and
conclusions of law in his report.  A demurrer to the evidence is an objection
c) Shall attach thereto all exhibits, affidavits, by one of the parties in an action, to the
deposition, papers and the transcript, if effect that the evidence which his
any, of the testimonial evidence presented adversary produced is in sufficient in point
before him. (Sec 9, Rule 32) of law, whether true or not, to make out a
case or sustain the issue. The party
Upon filing of the report, the parties shall be demurring challenges the sufficiency of
notified by the clerk, and shall be allowed 10 the whole evidence to sustain a verdict.
days within which to signify grounds of The court, in passing upon the sufficiency
objections to the findings of the report, if they of the evidence raised in a demurrer, is
so desire. (Sec 10, Rule 32) merely required to ascertain whether
there is competent or sufficient evidence
Notes: Objection to report based on grounds to sustain the indictment or to support a
which were available to the parties during the verdict of guilt.
proceedings before the commissioner, other
than objection to finding and conclusion Sufficient evidence for purposes of
therein set forth, shall not be considered by frustrating a demurrer thereto is such
the court unless they were made before the evidence in character, weight or amount
commissioner. (Sec.10, Rule 32) as will legally justify the judicial or official
action demanded according to the
Hearing upon report circumstances. To be considered sufficient
therefore, the evidence must prove: (a)
Upon the expiration of the period of the period the commission of the crime, and (b) the
of ten (10) days by which the parties may precise degree of participation therein by
signify grounds of objections to the finding of the accused. (Singian, Jr. vs.,
the report, the report shall be set for hearing. Sandiganbayan, G.R. Nos.195011-19,
(Sec.11, Rule 32) September 30, 2013)

After the hearing, the court shall issue an  Demurrer is an aid or instrument for the
order: expeditious termination of an action,
similar to a motion to dismiss, which the



court or tribunal may either grant or deny.

(Nepomuceno vs COMELEC, 126 SCRA 472, 3.P.3. Effect of grant
G.R. No. L-60601, 1983)
If granted, in civil case, the case shall be
Motion to Dismiss vs. Demurrer dismissed. The order of dismissal being a final
order, it is appealable. However, if on appeal
MOTION TO DISMISS DEMURRER the order granting the motion is reversed, the
Grounds under Rule 16: Only 1 ground: defendant loses his right to present evidence.
Lack of jurisdiction over
the person of the Insufficiency of
defendant; evidence
It is not correct for the appellate court
Lack of jurisdiction over reversing the order granting the demurrer to
the subject matter of remand the case to the trial court for further
the claim; proceedings. The appellate court should,
Venue is improperly laid; instead of remanding the case, render
Plaintiff has no legal judgment on the basis of the evidence
capacity to sue; submitted by the plaintiff. (Radiowealth Finance
Litis Pendentia; Corporation vs. Del Rosario, 335 SCRA 228)
Barred by Res Judicata Radiowealth loses the right to present
or the Statute of
Pleading states no cause
of action;  In criminal case, if demurrer to evidence
Claim or demand has is granted, it is a resolution of the case on
been paid, waived, the merits, and it amounted to an
abandoned or otherwise acquittal. Any further prosecution of the
extinguished; accused after an acquittal would violate
Claim is unenforceable the proscription on double jeopardy.
under the Statute of (People vs. Sumingawa, G.R. No. 183619,
Frauds; and October 13, 2009). Except the civil aspect of
Non-compliance with a
the criminal case. (Hun Hyung Park vs. Eung
condition precedent.
Won Choi, G.R. No. 165496, February 12,
Filed before answer. Filed when plaintiff 2007)
has rested his case.
 In criminal case: Judicial action to grant
3.P.1. Ground
prior leave to file demurrer to evidence is
discretionary upon the trial court. But to
After plaintiff has finished presenting his
allow the accused to present evidence
evidence, the defendant may move for the
after he was denied prior leave to file
dismissal of the complaint on the ground that
demurrer is not discretionary. Once prior
upon the facts and the law, the plaintiff has
leave is denied and the accused still files
shown no right to relief.
his demurrer to evidence or motion to
dismiss, the court no longer has discretion
3.P.2. Effect of denial
to allow the accused to present evidence.
The only recourse left for the court is to
In civil case, there is no need for a leave of
decide the case on the basis of the
court prior to filing of demurrer. If denied, the
evidence presented by the prosecution.
defendant may proceed to present his
And, unless there is grave abuse thereof
amounting to lack or excess of
jurisdiction, which is not present in the
If denied, in criminal case, the accused may
instant case, the trial court‘s denial of
adduce his evidence only if the demurrer is
prior leave to file demurrer to evidence or
with leave of court. If demurrer is without
motion to dismiss may not be disturbed.
leave of court, accused can no longer present (Bernardo vs. Leviste, G.R. No. 119010.
his evidence. (Sec.23, Rule 119) September 5, 1997)



The defendant can always present his

3.P.4 Waiver of Right to Present evidence in the event his demurrer is denied,
Evidence even if no reservation was made therefore.

3.P.5 Demurrer to evidence in a civil case vs. demurrer to evidence in a criminal case


(1) Demurrer is a kind of a Motion to Dismiss. It is NOT a prohibited pleading under the Rules on
Summary Proceedings because (a) it is there to similarly expedite the proceedings and (b) it is
not among those mentioned under prohibited pleadings
Similarities (2) The ground is the same, that is, INSUFFICIENCY OF EVIDENCE
(3) Only available AFTER the presentation of the evidence of the plaintiff or prosecution, as the
case may be
(4) Court may either grant or deny the Demurrer
(1) More difficult to file because the plaintiff (1) Easier to file because the prosecution is
is only required to present his case by required to prove the guilt of accused beyond
preponderance of evidence reasonable doubt
(2) if DENIED - distinguish whether there had
been prior leave of court (1) if with leave,
accused may proceed with presentation of his
(2) If DENIED - plaintiff presents evidence evidence; (2) if without leave, accused can no
longer present his evidence (Bernardo vs.
Leviste, G.R. No. 119010. September 5, 1997)
(3) if GRANTED - accused is acquitted; order of
acquittal is NOT appealable; otherwise, it will be
(3) if GRANTED - the case is dismissed; order
a violation of his right against double jeopardy
of dismissal is a FINAL order, hence
*Exception: appeal may be has as to the Civil
Aspect (Hun Hyung Park vs. Eung Won Choi, supra)
(4) if plaintiff appeals and the appellate court
REVERSES - defendant is no longer allowed
to present evidence

Certiorari does not lie to review an order plaintiff or prosecution, as the case may
denying demurrer to evidence EXCEPT in be.
grave abuse of discretion or excess in
jurisdiction. Sec. 34, Rule 132 of the Rules of Court
provides that "the court shall consider no
Note: demurrer to evidence is not a evidence which has not been formally
prohibited pleading under the Rules on offered." A formal offer is necessary, since
Summary Proceedings. Reasons: judges are required to base their findings
 The enumeration in Rule SumProc is of fact and their judgment solely and
exclusive; demurrer is not included strictly upon the evidence offered by the
therein; parties at the trial. Hence, without any
 The purpose of the Rule SumProc is to formal offer of evidence, this Honorable
expedite the proceedings, so also is the Court has no evidence to consider. (Sps
purpose of demurrer Ong vs. CA, GR No. 117103, January 21, 1999)

 Demurrer to evidence may only be availed  To determine whether the pleading filed is
of only available AFTER the a demurer to evidence or a motion to
presentation of the evidence of the dismiss, the Court must consider (1) the
allegations in it made in good faith; (2)


the stage of the proceeding at which it is  the correction of clerical errors, the so-
filed; and (3) the primary objective of the called nunc pro tunc entries which cause
party filing it. (Cabador vs. People, G.R. No. no prejudice to any party, void judgments
186001, October 2, 2009)  whenever circumstances transpire after
the finality of the decision rendering its
3.Q. JUDGMENTS AND FINAL execution unjust and inequitable
Formal Requisites
1) It should be in writing;
2) The judgment must be personally and
directly written and prepared by the
Judgment is the conclusion of law upon the
matters contained in the record, or the
3) It must state clearly and distinctly the
application of the law to the pleadings and to
facts and law on which it is based;
the facts, as found by the courts or admitted
4) It should be signed by the judge and filed
by the parties, or deemed to exist upon their
with the clerk of court; and
default in the course of judicial proceedings.
5) The judgment must be entered because a
judgment which is not entered has only
Final Judgment or Order
become final but not executory.
A final order is one that disposes of the
Requisites of a Valid Judgment:
subject matter in its entirety or terminates a
1. The Court must have jurisdiction over
particular proceeding or action, leaving
the parties and the subject matter;
nothing else to be done but to enforce by
2. The Court and the tribunal must be
execution what has been determined by the
clothed with judicial authority to hear
court. (Silverio vs. Court of Appeals, G.R. No.
and determine the matter before it;
178933, 600 SCRA 1, September 16, 2009 citing
Tan vs. Republic of the Philippines, G.R. No. 3. The evidence must have been
170740, 523 SCRA 203, May 25, 2007) considered by the tribunal in deciding
the case; and
When a judgment becomes final and 4. The parties must have been given an
executory, it becomes immutable and opprotunity to be heard.
unalterable. The court loses jurisdiction over
the judgment to amend (except for clerical 3.Q.1 Judgment without trial
errors) or alter the same but it retains
jurisdiction to execute it during its lifetime A civil case may be adjudicated upon without
(Equatorial Realty Development, Inc. vs. Mayfair the need for trial in any of the following cases:
Theater, 332 SCRA 139).  Where the pleadings of the parties tender
no issue at all, a judgment on the
 Once the dismissal attains the attribute of pleadings may be directed by the court
finality, the trial court cannot impose legal (Rule 34)
fees anew because a final and executory  Where from the pleadings, affidavits,
dismissal although without prejudice depositions and other papers, there is
divests the trial court of jurisdiction over actually no genuine issue, the court may
the civil case as well as any residual render a summary judgment (Rule 35)
power to order anything relative to the  Where the parties have entered into a
dismissed case; it would have to wait until compromise or an amicable settlement
the complaint is docketed once again. either during the pre-trial or while the trial
(RCBC vs. Magwin Marketing, G.R. No. 152878, is in progress (Rule 18 of the ROC; Article
May 5, 2003) 2028 of the Civil Code of the Philippines)
 Where the complaint has been dismissed
Exception to the immutability and with prejudice or when the dismissal has
inalterability of final decision: (Hulst vs. PR the effect of an adjudication on the merits
Builders, Inc., G.R. No. 156364, 566 SCRA 333, (Sec., 5, Rule 16; Sec., 3, Rule 17; Sec. 5, last
September 25, 2008) par., Rule 7 of the ROC)
 Where the case falls under the operation
of the Rules on Summary Procedure.



 Where, the parties agree in writing, upon

the facts involved in the litigation, and The power to amend a judgment is inherent
submit the case for judgment on the facts to the court before judgment becomes final
agreed upon, without the introduction of and executory.
evidence. If, however, there is no
agreement as to all the facts in the case, A judgment on the pleadings may be rendered
trial may be held only as to the disputed upon motion of the claimant/plaintiff.
facts (Sec. 6, Rule 30)
While the case is still on pre-trial, the court
3.Q.2 Contents of Judgment may render a judgment on the pleadings motu
propio if it finds that such a judgment is
Parts of a Judgment: proper.
 Opinion of the court (findings of facts and
conclusion of law). (ratio decidendi) 3.Q.4 Judgment on the pleadings
 Disposition of the case (contained in the
dispositive portion). Grounds:
 Signature of the judge.
If the answer fails to tender an issue:
The general rule is that where there is a  General denial of the material allegations
conflict between the fallo and the ratio of the complaint.
decidendi, the fallo controls. This rule  Insufficient denial of the material
rests on the theory that the fallo is the final allegations of the complaint.
order while the opinion in the body is merely  Admits the material allegation of the
a statement ordering nothing. adverse party‘s pleading.

Exception: Where the inevitable conclusion Note: By moving for judgment on the
from the body of the decision is so clear that pleadings, plaintiff waives his claim for
there was a mere mistake in the dispositive unliquidated damages. Claims for such
portion, the body of the decision prevails. damages must be alleged and proved.

Promulgation is the process by which a When Not Allowed:

decision is published, officially announced,  When the answer raises an issue;
made known to the public or delivered to the  In an action for declaration of nullity of
Clerk of Court for filing, coupled with notice to marriage.
the parties or their counsel.  In an action for legal separation; and
 In an action for annulment of marriage
3.Q.3. Memorandum decision  When the issue is the amount of
unliquidated damages
It is the judgment or final resolution of the MOTION FOR
appellate court adopting by reference the JUDGMENT ON THE
findings of facts and conclusion of law PLEADINGS
contained in a decision of the trial court. Filed by defendant on Filed by the plaintiff if the
complaint, answer raises no issue
counterclaim, cross-
Judicial Compromise is a judgment based on a claim or third-party
compromise which has the force of law and is complaint
conclusive between the parties, hence not If no cause of action, Not proper remedy
appealable. motion to dismiss
Rendition of Judgment is the act of filing the should be filed
signed decision with the Clerk of Court.
3.Q.4. Summary judgments
This includes an amended decision, which is a
distinct and separate judgment and must  A summary judgment is one granted upon
follow the established rule. motion by a party for an expeditious


settlement of the case, there appearing He must wait for the Answer to be filed and
from the pleadings, depositions, served before he can move for summary
admissions, and affidavits that there are judgment. (Sec. 1, Rule 35).
no important questions or issues of fact
posed (except as to the amount of 3.Q.4.B. For the Defendant:
damages) and therefore, the moving party He can move for summary judgment at any
is entitled to a judgment as a matter of time after filing and service of the complaint,
law. (Garcia vs. Court of Appeals, G.R. No. even before he answers. (Sec. 2, Rule 35).
117032, July 27, 2000)
3.Q.4.C. When the Case not fully
 Summary judgment may be granted when adjudicated on motion
a party failed to answer a request for
admission. If on motion under this Rule, judgment is not
rendered upon the whole case or for all the
It is a settled rule that summary judgment reliefs sought and a trial is necessary, the
may be granted if the facts which stand court at the hearing of the motion, by
admitted by reason of a party's failure to examining the pleadings and the evidence
deny statements contained in a request before it and by interrogating counsel shall
for admission show that no material issue ascertain what material facts exist without
of fact exists. By its failure to answer the substantial controversy and what are actually
other party's request for admission, and in good faith controverted. It shall
petitioner has admitted all the material thereupon make an order specifying the facts
facts necessary for judgment against that appear without substantial controversy,
itself. (Allied Agri-Business Development Co. including the extent to which the amount of
Inc. vs. Court of Appeals, G.R. No. 118438, damages or other relief is not in controversy,
December 4, 1998) and directing such further proceedings in the
action as are just. The facts so specified shall
Trial courts are authorized to grant relief be deemed established, and the trial shall be
by summary judgment. This is intended conducted on the controverted facts
to expedite or promptly dispose of cases accordingly.
where the facts appear undisputed and
certain from the pleading admissions and Burden of Proof: Lies with the party movant
affidavits. This rule does not vest in the who must demonstrate clearly the absence of
court summary jurisdiction to try the issue any genuine issue of fact, or that the issue
on pleadings and affidavits but gives the posed in the complaint is so patently
court limited authority to enter summary unsubstantial as not to constitute a genuine
judgment only if it clearly appears that issue for trial, and any doubt as to the
there is no genuine issue of material fact existence of such an issue is resolved against
(Velasco v. CA 156 SCRA 753, 2005). the movant.
Genuine Issue - an issue of fact which calls 3.Q.4.D. Affidavits and Attachments
for the presentation of evidence; distinguished
from an issue which is sham, fictitious, The motion for summary judgment must be
contrived, set-up in bad faith and patently supported by:
unsubstantial so as not to constitute a genuine  Affidavit
issue for trial.  Depositions or admission of the adverse
party or a third party, for a summary
This can be determined by the court on the judgment in his favor upon all or any part
basis of the pleadings, admissions, thereof.
documents, affidavits and/or counter-affidavits
submitted. Admissions of the adverse party which must
tend to show that:
Who Can File/When to File:  There is no genuine issue as to any
material fact, except damages which must
3.Q.4.A. For the Claimant: always be proved; and



 The movant is entitled to a judgment as a Exception: Where an appeal cannot afford an

matter of law adequate and expeditious relief to prevent
irreparable damage and injury, Certiorari can
Requisites of Affidavit: be allowed, such as where there was
 Made on personal knowledge absolutely no legal basis for the issuance of a
 Set forth such facts as would be summary judgment.
admissible in evidence
 Shall show affirmatively that the affiant is 3.Q.6. Judgment on the pleadings
competent to testify to the matters stated versus summary judgment
Judgment on the
Summary Judgment
Note: Certified true copies of all papers or Pleadings
parts thereof referred to in the affidavit shall Based on the pleadings, Based solely on the
be attached thereto or served therewith. depositions, admission pleadings.
and affidavits
Available to both Generally available only
Summary Judgment, Judgment on the
plaintiff and defendant. to the plaintiff, unless
Pleadings, and Judgment by Default the defendant presents
Distinguished a counterclaim.

JUDGMENT ON There is no genuine The answer fails to

THE issue between the tender an issue or
PLEADINGS parties. i.e there may there is an admission
Based on be issues but these are of material allegations.
the Based on the irrelevant.
pleadings, complaint and 10-day notice required. 3-days notice required.
Based solely on
depositions, evidence, if Nay be interlocutory or Available in any action
the pleadings.
admissions presentation on the merits. except annulment of
and is required. marriage or legal
affidavits. separation cases.
Available to available to the If filed by plaintiff, it There is already an
both plaintiff plaintiff, unless Available to must be filed at any answer filed.
and the defendant plaintiff. time after an answer is
defendant. presents a served; if filed by
counterclaim. defendant, may be filed
The answer fails There is no at any time even before
There is no
to tender an issue because there is an answer
issue or there is no answer is
an admission of filed by the
between the
material defending
parties. 3.Q.7. Rendition of judgments and final
allegations. party.
3-day notice 3-day notice
required. rule applies. Rendition of judgment or a final order is the
May be filing of the same with the clerk of court. It is
interlocutory not the writing of the judgment or its signing
On the merits. On the merits.
or on the which constitutes rendition of the judgment.
In rendering the judgment or final order
determining the merits of the case, the same
Remedy against summary judgment shall be in writing personally and directly
prepared by the judge, stating clearly and
General Rule: A summary judgment is a distinctly the facts and law on which it is
FINAL DISPOSITION in a legal suit which can based, signed by him and filed with the clerk
be rectified by means of an APPEAL. of court.


Collateral attack is made when, in another
3.Q.8. Entry of judgment or final order action to obtain a different relief, an attack on
the judgment is made as an incident in said
―The date of finality of the judgment or final judgment. This is proper only when the
order shall be deemed to be the date of its judgment, on its face, is null and void, as
entry‖ (impt.) where it is patent that the court which
rendered said judgment has no jurisdiction.
Entry of judgment - means the recording (CO. vs. C.A., 196 SCRA 705)
of the dispositive part of a judgment or final
order by the clerk of court in the book of Special forms of judgments
entries of judgments.
 Judgment by Default (Sec. 3, Rule 9);
A judgment or order becomes final after 15  Judgment on the Pleadings (Rule 34);
days, when no appeal, motion for  Summary Judgment (Rule 35);
reconsideration or motion for new trial is filed.  Several Judgment (Rule 36);
When the judgment becomes final and  Separate Judgment (Sec. 5, Rule 36);
executory, such date is deemed the date of  Special Judgment (Sec. 11, Rule 39);
entry of judgment. The actual date of entry  Judgment for Specific Acts (Sec. 10, Rule
retroacts to the date of the finality of 39);
judgment. (Sec. 2, Rule 36)  Judgment upon Confession;
 Judgment upon Compromise, or on consent
Note: Point of reference of the 15 day period- or agreement;
From receipt or notice of judgment.  Clarificatory Judgment;
 Judgment nunc pro tunc.
Rule of Immutability of Judgment

A final judgment cannot be modified, even if Several Judgment

the purpose is to correct perceived erroneous
conclusions of the facts or law. This is proper where the liability of each party
is clearly separable and distinct from his co-
Exceptions: parties such that the claims against each of
them could have been the subject of separate
 To make corrections of clerical errors, not suits and the judgment for or against one of
substantial amendments, as by an them will not necessarily affect the other.
amendment nunc pro tunc;
 To clarify an ambiguity which is borne out This is not proper in actions against solidary
by and justifiable in the context of the debtors.
 Where the judgment is void; or Separate Judgments
 In judgments for support, it can always be
amended from time to time. This is proper where more than one claim for
relief is presented in an action and a
Manner of assailing judgments determination as to the issues material to the
claim has been made. The action shall
Direct attack proceed as to the remaining claims.
a. Before finality
 Motion for Reconsideration / New Trial Cannot be executed without the other
 Appeal judgment, EXCEPT with leave of court.
b. After finality
 Relief from judgment under Rule 38 Court must stay the enforcement, until the
 Annulment of Judgment under Rule rendition of subsequent judgment.
 Collateral attack No appeal may be taken from separate
judgment, unless the law allows it.



Judgment upon Agreement or is immediately executory, unless a motion is

Compromise filed to set aside the agreement on the ground
of fraud, mistake, or duress, in which case, an
A compromise agreement between the parties appeal may be taken against the order
to a case and upon which the decision of the denying the motion. (Journalists, Inc. vs. NLRC,
court was based has the effect and authority G.R. No. 169421, September 5, 2006).
of res judicata upon such parties.
Judgment by Confession Distinguished
It is immediately executory, however, such From Judgment upon Compromise
extrajudicial compromise, may not be
enforced by execution. (Art. 2037, New Civil JUDGMENT BY JUDGMENT UPON
The provisions and An affirmative and
If the compromise is attended by fraud, terms are settled and voluntary act of the
agreed upon by the defendant himself. The
mistake or duress, a motion to set aside the
parties to the action court exercises a certain
compromise may be made. and which is entered amount of supervision
in the record with the over the entry of
Other remedies include a petition for relief or consent of the court. judgment.
a new action to annul the compromise
agreement. Clarificatory judgment - is a judgment
rendered by the court, upon motion, when a
Judgment by Confession judgment previously rendered is ambiguous
One which is rendered against a party upon and difficult to comply with.
his petition or consent. Amended or Clarified Judgment Distinguished
From Supplemental Decision
This usually happens when the defendant
appears in court and confesses the right of the AMENDED OR
plaintiff to judgment or files a pleading SUPPLEMENTAL
expressly agreeing to the plaintiff‘s demand. JUDGMENT
It is an entirely new Does not take the place
Two kinds of judgment by confession: decision which of or extinguish the
supersedes the original original judgment.
Judgment by cognovit actionem – the
Court makes a Serves to bolster or
defendant after service, instead of entering a
thorough study of the add to the original
plea, acknowledges and confesses that the original judgment and judgment.
plaintiff‘s cause of action was just and rightful. renders the amended
and clarified judgment
Judgment by confession relicta only after considering
verificacione – after pleading and before all the factual and legal
trial, the defendant both confesses the issues.
plaintiff‘s cause of action and withdraws or
abandons his plea or other allegation Judgment Nunc Pro Tunc
whereupon judgment was entered against him Literally means judgment rendered by the
without proceeding to trial. court ―now for then‖

Judgment upon confession and compromise It is rendered to enter or record such

cannot be entered into by counsel without the judgment as has been formerly rendered but
knowledge and special authority of the client. does not appear on the record.
(Manufacturer‘s Bank and Trust Co. vs. Woodworks,
Inc., 36 SCRA 562) Its only function is to record some act of the
court which was done at a former time, but
A judgment rendered in accordance with a which was not recorded then, in order to
compromise agreement is not appealable, and


make the record speak the truth, without any aggrieved party was
changes in substance or any material respect. impaired; or
2. Newly discovered
Remedies against executory judgment evidence, which could
not with reasonable
diligence, have been
Petition for Relief under Rule 38 discovered and
A direct attack against the judgment produced at the trial,
A collateral attack against the judgment and which if
presented, would
Direct attack – Against the judgment is probably alter the
made through an action or proceeding, the result (Sec. 1, Rule
main object of which is to annul, set aside, or 37).
enjoin the enforcement of such judgment, if
not yet carried into effect, or if the property Motion for New Trial
has been disposed of, the aggrieved party
may sue for its recovery. This is necessary Fraud, accident, mistake and excusable
where a judgment does not, on its face, reveal negligence (FAME)
the nullity or the fact that it is vitiated by
consent. Intentional omission of a fact necessary to
establish the truth.
Collateral attack – Is made when, in
another action to obtain a different relief, an Must be extrinsic or collateral, i.e., the kind of
attack on the judgment is made as an incident fraud that prevented the aggrieved party from
in said judgment. This is proper only when having a trial or presenting his case to the
the judgment, on its face, is null and court, or was used to procure the judgment
void, as where it is patent that the court without fair submission of the controversy.
which rendered said judgment has no
jurisdiction. (Co. vs. C.A. 196 SCRA 705). It is to be distinguished from intrinsic fraud
which refers to the act of a party in a trial
3.R. POST JUDGMENT REMEDIES which prevented a fair and just determination
of the case and which could have been
litigated and determined at the trial or
3.R.1 Motion for New Trial or
adjudication of the case, such as falsification,
false testimony, and so forth, and does not
constitute a ground for new trial.

The re-hearing of a case previously decided by Accident

the court before the judgment rendered,
becomes final and executory, whereby errors An event beyond the control of the party.
of law or irregularities are expunged from the  There is accident when there is an actual
record, or where new evidence is introduced, surprise incident preventing one from
or both. attending the trial.

3.R.1.A. Grounds: Mistake

Mistake generally refers to mistake of facts but
MOTION FOR NEW MOTION FOR may also include mistakes of law where, in
TRIAL RECONSIDERATION good faith, the defendant was misled in the
1. Extrinsic fraud, 1. The damages case.
accident, mistake or awarded are
excusable negligence excessive; General Rule: A client is bound by the
(FAME) which 2. The evidence is
mistakes of his counsel.
ordinary prudence insufficient to satisfy
could not have the decision or final
guarded against and order; or Exception: The client is not bound if the
by reason of which 3. The decisionor final application of the general rule would result in
the rights of the order is contrary serious injustice.



 For evidence to be considered as newly

Excusable Negligence discovered, it is essential that the offering
party exercised reasonable diligence in
Negligence must be excusable and generally seeking to locate such evidence before or
imputable to the party, but the negligence of during trial, but nonetheless failed to
the counsel is binding on the client. However, secure it; not so much the time when the
negligence of the counsel may also be a evidence offered first sprang into
ground for new trial if it was so great such existence nor the time when it first came
that the party was prejudiced and prevented to the knowledge of the party now
from fairly presenting his case. submitting. (Custodio vs. Sandiganbayan, 453
SCRA 24).
Which ordinary prudence could not have
guarded against and by reason of which such A motion for new trial or for reconsideration, if
aggrieved party has probably been impaired in timely filed will toll the running of the
his rights; or reglementary period for appeal except when
the same is pro-forma.
Newly Discovered Evidence
Note: When the ground is FAME, the motion
Which he could not, with reasonable diligence, must be supported by an affidavit of merit.
have discovered and if produced at the trial, When the ground relied upon is newly
and if presented would probably alter the discovered evidence, no affidavit of merit is
result. required. Instead, it shall be supported by
affidavits of witnesses or by duly
 The Berry Rule (Berry vs. State of Georgia, authenticated documents.
Contents of Motion for New Trial (Sec. 2,
Before a new trial may be granted on the Rule 37)
The motion shall be made in writing, stating
the following must be shown:
the ground thereof, and a written notice of
which shall be served by the movant on the
 The evidence was discovered after trial;
adverse party.
 Such evidence could not have been
discovered and produced at the trial even
If the motion is based on FAME, it shall be
with the exercise of reasonable diligence;
supported by Affidavit of Merit.
 It is material and not merely
corroborative, cumulative or impeaching;
If the motion is based on newly discovered
evidence, it shall be supported by the
 The evidence is of such weight that it
affidavits of the witnesses by whom such
would probably change the judgment if
evidence is expected to be given, or by duly
admitted. (Custodio vs. Sandiganbayan, 453
SCRA 24)
authenticated documents which are proposed
to be introduced by evidence. (Sec. 2, Rule 37)
Two aspects of newly discovered
evidence: Pro Forma Motion for New Trial

Temporal – when was the evidence  It is one which merely reiterates the
discovered; evidence presented in the trial (Llantero vs.
CA, 105 SCRA 609) or based on grounds
Predictive – when should or could it have existing when the first motion was filed.
(Cruz vs. Villaluz, 88 SCRA 506).
been discovered (with the exercise of due


When Motion for New Trial is Considered The evidence of which he intends to present if
Pro Forma his motion is granted.

Based on the same grounds as that raised in a Instances when Affidavit of Merit May
preceding motion for new trial or Be Dispensed With:
reconsideration already denied;
 When the judgment is null and void;
Contains the same arguments and manner of  When the judgment is procedurally
discussion appearing in the prior opposition to defective; and
the granted motion to dismiss;  When the defendant was unreasonably
deprived of his day in court.
New ground alleged in the motion for new trial
already existed and was available and could Motion for Reopening a Trial is a
have been alleged in the first motion for new recognized procedural recourse or device
trial which was denied; deriving validity and acceptance from long
established usage. It differs from a Motion for
Based on ground of insufficiency of evidence a New Trial, which is proper only after the
or that the judgment is contrary to law but promulgation of judgment, since a Motion to
does not specify the supposed defects in the re open may be properly presented only after
judgment; or either or both parties have formally offered
and closed their evidence before judgment.
It is based on the ground of FAME but does
not specify the facts constituting these Motion for Reconsideration
grounds and/or is not accompanied by an
affidavit of merits. Purpose: to reconsider or amend judgment
or final order.
Pro Forma Motion For Reconsideration–
Where to File: with the trial court which
It is one which fails to point out specifically rendered the judgment or final order sought
the findings or conclusions of the judgment or to be reconsidered.
final order which are not supported by
evidence or which are contrary to law, making  The Motion for Reconsideration shall be in
express reference to the testimonial or writing and notice thereof must be given
documentary evidence or to the provisions of to the adverse party. It must also contain
law alleged to be contrary to such findings or a notice of hearing. In other words, it
conclusion. must comply with the rules on motion. If
it does not, it will be considered only a pro
Notes: A pro forma motion for new trial or forma motion and will not have the effect
reconsideration shall not toll the reglementary of suspending or interrupting the period to
period of appeal already stated. appeal. The suspension of the period for
appeal presupposes that the motion is not
Pro Forma rule is not applicable in criminal pro forma.
cases.  The Motion for Reconsideration shall point
out specifically the findings or conclusion
Affidavit of merit states: of the judgment not supported by the
evidence or which are contrary to law.
The nature or character of the fraud, accident, Mere general assertions that a ground for
mistake, or excusable negligence on which the reconsideration exists will not suffice,
motion for new trial is based; otherwise the motion shall be deemed a
pro forma motion.
The facts constituting the movant‘s good and
substantial and valid defenses are valid causes Prohibition
of action; and
 A Motion for new trial, or for
reconsideration of a judgment, or for



reopening of trial, is a prohibited pleading motion for reconsideration within which to file
under Section 19 of the Revised Rule on a notice of appeal;
Summary Procedure. This rule, however,
applies only where the judgment sought When the motion for new trial is denied on the
to be reconsidered is one rendered on the ground of fraud, accident, mistake of fact or
merits. "The motion prohibited by this law, or excusable negligence, the aggrieved
Section is that which seeks party can no longer avail of the remedy of
reconsideration of the judgment rendered petition for relief from judgment (Francisco vs.
by the court after trial on the merits of the Puno, 108 SCRA 427).
case." (Lucas v. Fabros 324 SCRA 1)

3.R.1.B. When to file

Motion for new trial or Motion for 3.R.1.C. Denial of the Motion; Effects
reconsideration must be filed within the period
for taking an appeal. Court Action upon Motion for New Trial
 Appeal by Notice of Appeal - 15 days or Reconsideration
after notice to the appellant of the
judgment or final order appealed from. The trial court may set aside the judgment or
 Appeal by Record on Appeal - 30 days final order and grant a new trial, upon such
from notice of the judgment or final terms as may be just, or it may deny the
order. motion.

Notes: A motion for new trial shall include all If the court finds that excessive damages have
grounds then available and those not so been awarded or that the judgment or final
included shall be deemed waived. order is contrary to the evidence or law, it
may amend such judgment or final order
A second Motion for New Trial is permitted accordingly.
when based on a ground neither existing, nor
available when the first motion was made. A 3.R.1.D. Granting of Motion; Effect
second Motion for Reconsideration is NOT
allowed. (Sec. 5, Rule 37). The original judgment shall be vacated, and
the action shall stand for trial de novo; but
Where a party first filed a motion for the recorded evidence taken upon the former
reconsideration, he shall be entitled to another trial, in so far as the same is material and
15 days within which to file a motion for new competent to establish the issues, shall be
trial from notice of denial of his motion for used as the new trial without re-taking the
reconsideration. The 15 day period does not same. (Sec. 6, Rule 37)
include that which have elapsed from the
notice of judgment to the time when the Partial New Trial or Reconsideration
motion for reconsideration was filed. If the grounds for a motion under thus Rule
affect the issues as to only a part, or less than
Motion for New Trial or Motion for all of the matters in controversy, or only one,
Reconsideration that does not comply with the or less than all of the parties to it, the court
requirements of notice of hearing and proof of may order a new trial or grant reconsideration
service does not also toll the reglementary as to such issues, without interfering with the
period of appeal. (Cledra vs. Sarmiento, 39 SCRA judgment or final order upon the rest. (Sec. 7,
552). Rule 37)

If the motion is denied, the movants has a Upon issuance of an order for partial new trial,
―fresh period‖ of fifteen days from receipt or the court may either:
notice of the order denying or dismissing the  Enter judgment or final order as to the
rest; or


 Stay the enforcement of such judgment or
final order until after the new trial.  An order denying a petition for relief or
any similar motion seeking relief from
Where one party files a Motion for New Trial judgment;
or Reconsideration and the other party seeks  An interlocutory order;
to perfect an appeal from the said decision,  An order disallowing or dismissing an
the court should withhold action on the appeal appeal;
until after the Motion for New Trial or  An order denying a motion to set aside a
Reconsideration shall have been resolved. judgment by consent, confession or
compromise on the ground of fraud,
3.R.1.E. Remedy When Motion is Denied; mistake or duress, or any other ground
Fresh 15-day Period Rule vitiating consent;
 An order of execution.
An order denying a motion for new trial or  A judgment or final order for or against
reconsideration is not appealable. one or more of several parties or in
separate claims, counterclaims, cross-
claims and third-party complaints, while
The “Fresh Period Rule” the main case is pending, unless the court
allows an appeal there from.
 If the Motion for Reconsideration or  An order dismissing an action without
Motion for New Trial is denied, the movant prejudice (Rule 41, Sec.1 par 2)
has a new period of 15 days to file an  Judgment of direct contempt. (Rule 71
appeal if he so desires, counted from the Sec. 2. remedies are Certiorari or Prohibition
receipt of the notice or order denying the but not appeal)
motion. Hence, if he files a Motion for
reconsideration on the 10th day from 3.R.2.C. Remedy Against Judgments and
notice of the judgment and the motion is Orders Which are not Appealable
denied, he does not have only the
remainder of the 15-day period to appeal, In those instances where the judgment or the
but a fresh period of 15 days to appeal to final order is not appealable, the aggrieved
file his appeal (Neypes vs. CA, 469 SCRA party may file the appropriate special civil
633). action under rule 65 (Section 1, Rule 41, rules of
court).– refers to the special civil actions of
3.R.2 Appeals In General certiorari, prohibition and mandamus.

Right to appeal is not part of due process but However, as of December 27, 2007, an
a mere statutory privilege that has to be aggrieved party may no longer assail an order
exercised only in the manner and in denying a motion for new trial or a motion for
accordance with the provisions of law (Unified reconsideration by way of Rule 65 as per A.M.
Field Sea Watchman and Checkers Agency, G. R. No. 07-7-12-SC, such ground having been
No. 143527, December 6, 2006). removed from the enumeration in Sec.1 of
Rule 41. The proper remedy is to appeal from
3.R.2.A. Judgements and Final Orders the judgment (Sec. 9, Rule 37).
Subject to Appeal
 A motion for reconsideration is not putting
An appeal may be taken from a judgment or forward a new issue, or presenting new
final order that completely disposes of the evidence, or changing the theory of the
case or of a particular matter therein when case, but is only seeking a reconsideration
declared by these Rules to be appealable. of the judgment or final order based on
(Rule 41, Sec.1, par 1). the same issues, contentions, and
evidence either because: (a) the damages
3.R.2.B. Matters not Appealable as awarded are excessive; or (b) the
amended by A.M. No. 07-7-12-SC, 27 Dec. evidence is insufficient to justify the
2007, Sec.1, Rule 41- removed- Order denying decision or final order; or (c) the decision
a motion for reconsideration and new trial) or final order is contrary to law. By



denying a motion for reconsideration, or aware of prior to or during the trial because
by granting it only partially, therefore, a such matters were not yet in existence at
trial court finds no reason either to that time.
reverse or to modify its judgment or final
order, and leaves the judgment or final Supervening event is an exception to the
order to stand. The remedy from the execution as a matter of right of a final and
denial is to assail the denial in the course immutable judgment rule, only if it directly
of an appeal of the judgment or final affects the matter already litigated and
order itself. (Heirs of Reterta vs. Mores, G.R. settled, or substantially changes the rights
No. 159941, August 17, 2011) or relations of the parties therein as to
render the execution unjust, impossible or
3.R.2.D. Final Judgment Rule; Exceptions inequitable.

Final Judgment Rule/Doctrine of

Immutability of a Final Judgment 3.R.2.E. Modes of Appeal

Decisions which attained finality can no longer The three modes of appeal are:
be altered, amended or modified, even if the
alteration, amendment or modification was 1. Ordinary appeal (Rule 40 and 41)
meant to correct what was perceived to be an 2. Petition for review (Rule 42, 43)
erroneous conclusion of fact or of law and 3. Appeal by Certiorari(Rule 45)
regardless of what court, be it the highest
Court of the land, rendered it. 3.R.2.E.1. Ordinary Appeal

Exceptions Kinds
1. Notice of appeal
Doctrine of immutability of a final judgment, 2. Record on appeal – Only in cases of
which may be relaxed only to serve the ends special proceedings and other cases of
of substantial justice in order to consider multiple or separate appeals where law
certain circumstances like: on these Rules so require.

1. matters of life, liberty, honor or Applicable to:

2. the existence of special or compelling 1. Appeal to the RTC in cases decided by
circumstances; the MTC
3. the merits of the case; 2. Appeal to the Court of Appeals in cases
4. the cause not being entirely attributable decided by RTC in the exercise of
to the fault or negligence of the party original jurisdiction.
favored by the suspension of the
doctrine; 3.R.2.E.2. Petition for Review
5. the lack of any showing that the review
sought is merely frivolous and dilatory; Applicable to:
or 3. Appeal to the Court of Appeals in cases
6. the other party will not be unjustly decided by the Regional Trial Court in
prejudiced by the suspension. the exercise of its appellate jurisdiction
4. Appeal to the Court of Appeals in cases
Supervening event decided by Quasi-judicial Bodies

A supervening event consists of facts that 3.R.2.E.3. Appeal By Certiorari

transpire after the judgment became final
and executory, or of new circumstances that In all cases where only questions of law are
develop after the judgment attained finality, raised or involved, the appeal shall be to the
including matters that the parties were not Supreme Court by petition for review on


certiorari in accordance with the Rule 45. the approval due time and
(Revised Rules of Court, Rule 41, Sec.2) of the record the expiration
on appeal of the time to
3.R.2.F. Issues to be Raised on Appeal appeal of the
filed in due
other parties
time and
Modes of Appeal Issues to be Raised upon
Ordinary appeal (MTC Questions of fact or payment of
to RTC) mixed questions of the appellate
fact and law. court docket
Ordinary appeal (RTC Question of law or fee.
to CA) fact that has been By petition Deemed RTC loses
raised in the court for review perfected jurisdiction
below and which is upon the over the case
within the issues upon the
timely filing
perfection of
framed by the parties. of a petition
the appeal and
Petition for Review Questions of fact, of for review the expiration
(RTC to CA) law, or mixed and the of the time to
questions of fact and payment of appeal of the
law. the other parties.
Petition for Review Questions of fact, of corresponding
(Quasi-judicial bodies law, or mixed docket and
to CA) questions of fact and other lawful
law. fees
Appeal by Certiorari Only questions of law
 The notice of appeal does not require the
3.R.2.G. Periods for Appeal approval of the court. The function of the
notice of appeal is merely to notify the
Notice of Appeal Record on Appeal trial court that the appellant was availing
15 days after notice 30 days from notice of the right to appeal, and not to seek the
to the appellant of of the judgment or court‘s permission that he be allowed to
the judgment or final final order. pose an appeal (Crisologo vs. Daray, A.M.
No. RTJ-07-2036, August 30, 2006).
order appealed from.
Perfection of appeal within the reglementary
3.R.2.H. Perfection of Appeal
period is jurisdictional except when there has
Mode of When Effect been extrinsic fraud, accident, mistake, or
Appeal Perfected excusable negligence (FAME) (Habaluyas v.
By Notice of deemed The court loses Japson, 142 SCRA 208 (1986).
appeal perfected as to jurisdiction
him upon the over the case Payment of docket fee is jurisdictional. The
filing of the upon the failure to pay appellate court docket fee within
notice of perfection of the reglementary period allows only
appeal in due the appeal filed discretionary dismissal and not automatic
time and in due time
dismissal, of the appeal. Such power should
payment of the and the
required docket expiration of
be used in the exercise of the court‘s sound
fee and other the time to discretion (Republic v. Spouses Luriz, GR No.
lawful fees. appeal of the 158992, January 26, 2007).
other parties.
by record on deemed The court loses 3.R.2.I. Participation of the Solicitor
appeal perfected as jurisdiction General during Appeal
to him with only over the
subject matter The OSG, as principal law officer and legal
respect to the
upon the defender of the government, possesses the
approval of the unequivocal mandate to appear for and in its
matter records on
thereof upon behalf in legal proceedings. Described as an
appeal filed in
"independent and autonomous office attached



to the Department of Justice" under Sec. 34, A party‘s notice of appeal is deemed perfected
Book IV, Title III, Chapter 12, Executive Order upon the filing of the notice of appeal in due
292, the OSG, with the Solicitor General at its time. In appeals by record on appeal, the
helm, is vested with the following powers and appeal is perfected upon the approval of the
functions, among others, to wit: record on appeal filed in due time (Sec. 4, Rule
40 in relation to Sec.9, Rule 41, Rules of Court).
SECTION 35. Powers and Functions.—The After an appeal to the RTC has been
Office of the Solicitor General shall represent perfected, the MTC loses its jurisdiction over
the Government of the Philippines, its the case and any motion for the execution of
agencies and instrumentalities and its officials the judgment should be filed with the RTC.
and agents in any litigation, proceeding,
investigation or matter requiring the services For the appellant, the filing of a memorandum
of a lawyer. When authorized by the President which shall briefly discuss the errors imputed
or head of the office concerned, it shall also to the lower court is vital. Failure to so file
represent government-owned or controlled shall be a ground for the dismissal of the
corporations. The Office of the Solicitor appeal (Sec.7[b], Rule 40, Rules of Court).
General shall constitute the law office of the
Government and, as such, shall discharge The case shall be deemed submitted for
duties requiring the services of a lawyer. It decision upon the filing of the memorandum
shall have the following specific powers and of the appellee, or the expiration of the period
functions: to do so.

(1) Represent the Government in the Supreme The Summary Rules no longer apply when the
Court and the Court of Appeals in all criminal case is on appeal.
proceedings; represent the Government and
its officers in the Supreme Court, the Court of How to Appeal
Appeals, and all other courts or tribunals in all (Sec. 3, Rule 40)
civil actions and special proceedings in which
the Government or any officer thereof in his By Notice of Appeal
official capacity is a party. By filing a notice of appeal with the court that
rendered the judgment or final order appealed
3.R.2.J. Appeal from Judgments or Final from.
Orders of the MTC
The notice of appeal shall indicate the parties
An appeal from a judgment or final order of a to the appeal, the judgment or final order or
MTC shall be taken to the RTC exercising part thereof appealed from, and state the
jurisdiction over the area which the former material dates showing the timeliness of the
pertains (Sec.1, Rule 40, Rules of Court). appeal.

Note: The appeal is taken by filing a notice of By Record on Appeal

appeal with the court that rendered the It shall be required only in special proceedings
judgment, which is the MTC. Do not file the and in other cases of multiple or separate
notice of appeal with the RTC. appeals.

In cases involving a special proceeding or in The form and contents of the record on
case of multiple appeals, a record on appeal appeal shall be as provided in section 6, Rule
shall be required. Copies of the notice of 41.
appeal and the record on appeal shall be
served on the adverse party. Within the period Copies of the notice of appeal and the record
for appeal, the appellant shall pay to the clerk on appeal where required, shall be served on
of the MTC the full amount of the appellate the adverse party.
docket fee and other lawful fees.


Appellate court docket and other lawful Appeal from Orders Dismissing Case
fees (Sec. 5, Rule 40) without Trial: Lack of Jurisdiction
(Sec. 8, Rule 40)
Within the period for taking an appeal,
the appellant shall pay to the clerk of the If lower court dismissed the case
court which rendered the judgment or final without trial on the merits:
order appealed from the full amount of the
appellate court docket and other lawful fees. The Regional Trial Court may;
Proof of payment thereof shall be transmitted  Affirm, or
to the appellate court together with the  Reverse, in which case, it shall remand
original record or the record on appeal, as the the case for further proceedings.
case may be.
If dismissal is due to lack of jurisdiction
Duty of the clerk of court over the subject matter:
(Sec. 6, Rule 40)
The Regional Trial Court may:
Within fifteen (15) days from the perfection of
the appeal, the clerk of court or the branch  Affirm, if RTC has jurisdiction, shall try the
clerk of court of the lower court shall transmit case on the merits as if the case was
the original record or the record on appeal, originally filed with it, or
together with the transcripts and exhibits,  Reverse, in which case, it remands the
which he shall certify as complete, to the case for further proceedings.
proper Regional Trial Court. A copy of his
letter of transmittal of the records to the If the case was tried on the merits by the
appellate court shall be furnished the parties. lower court without jurisdiction over the
subject matter: RTC shall not dismiss the case
3.R.2.K. Appeal from Judgments or Final if it has original jurisdiction, but shall decide
Orders of the RTC the case, and shall admit amended pleadings
or additional evidence.
(a) Upon receipt of the complete record or the
record on appeal, the clerk of court of the Applicability of Rule 41
Regional Trial Court shall notify the parties The other provisions of Rule 41 shall apply to
of such fact. appeals provided for herein insofar as they are
(b) Within fifteen (15) days from such notice, not inconsistent with or may serve to
it shall be the duty of the appellant to supplement the provisions of this Rule.
submit a memorandum which shall briefly
discuss the errors imputed to the lower Amendment to Rule 41: An order denying a
court, a copy of which shall be furnished motion for new trial or reconsideration is not
by him to the adverse party. Within fifteen appealable (A.M. No. 07-7-12-SC Effective 27 Dec.
(15) days from receipt of the appellant‘s 2007).
memorandum, the appellee may file his
memorandum. Failure of the appellant to When to Appeal:
file a memorandum shall be a ground for
dismissal of the appeal.  Within 15 days after notice of judgment or
(c) Upon the filing of the memorandum of the final order;
appellee, or the expiration of the period to  Where a record on appeal is required,
do so, the case shall be considered within 30 days from notice of judgment or
submitted for decision. The Regional Trial final order by filing a notice of appeal and
Court shall decide the case on the basis of a record on appeal.
the entire record of the proceedings had  Period to appeal shall be interrupted by a
in the court of origin and such memoranda timely Motion for New Trial or
as are filed. Reconsideration.

 As it stands now without exception, is that

the 15-day reglementary period for



appealing or filing a motion for Residual Jurisdiction:

reconsideration or new trial cannot be
extended, except in cases before this  issue orders for the protection and
Court, as one of last resort, which may, in preservation of the rights of the parties
its sound discretion grant the extension which do not involve any matter litigated
requested. (Estinozo vs. CA, G.R. No. 150276, by the appeal,
February 12, 2008)  approve compromises,
 permit appeals of indigent litigants,
How to appeal  order execution pending appeal in
accordance with Sec. 2, Rule 39, allow
A. By notice of appeal: withdrawal of appeal

 File a notice of appeal with the trial Effect of non-payment of appellate

court; docket fees

The notice of appeal must indicate:  Payment in full of docket fees within the
 Parties; prescribed period is mandatory. It is an
 Judgment or final order appealed essential requirement without which the
from; and decision appealed from would become
 Material date showing timeliness of final and executory as if no appeal had
appeal Material Date Rule. been filed. Failure to perfect an appeal
 A copy must be served on the adverse within the prescribed period is not a mere
party; and technicality but a jurisdictional defect and
 Payment in full of docket fees and failure to perfect an appeal renders the
other lawful fees with RTC. judgment final and executory. (M.A.
Santander Construction, Inc. vs. Villanueva,
B. By record on appeal: 441 SCRA 525). Payment of the full amount
of the docket fee is an indispensable step
a) For special proceedings such as for the perfection of an appeal. X x x
probate; appeal is not perfected if only a part of
b) In such other cases where multiple the docket fee is deposited within the
appeals are allowed as in partition and reglementary period and the remainder is
in expropriation. tendered after the expiration of the
period. (Saint Louis University, Inc vs.
When is appeal deemed perfected: Cobarrubias, G.R. No. 187104, August 3, 2010)
 By notice of appeal: as to him, upon the
filing of the notice of appeal in due time. Remedy when appeal is not allowed:
 By record on appeal: as to him, upon the
approval of the record on appeal filed in Special civil action of certiorari or
due time. prohibition under Rule 65 if there is lack or
 Payment of docket fees excess of jurisdiction or grave abuse of
 Service of copy discretion or mandamus if there is no
performance of duty.
Effect of a perfected appeal:
The court loses jurisdiction upon the Note: A petition for review on certiorari under
perfection or approval of appeal and when the Rule 45 and a petition for certiorari under Rule
period of appeal for other parties expire. 65 are mutually exclusive remedies. Certiorari
cannot co-exist with an appeal or any other
However, prior to the transmittal of the adequate remedy. (Estinozo vs. CA. supra)
original record or record on appeal, the court
may, under its


What may be appealed? PETITION FOR
Only a judgment or final order that completely
Certification against Required to be
disposes of a case or of a particular matter forum shopping is not attached with the
therein when declared by the Rules of Court to required. petition.
be appealable may be the subject of an Motion for new trial or Motion for new trial or
appeal. reconsideration gives reconsideration gives
the appellant a NEW the appellant a NEW
Final Order – one which disposes of the PERIOD of fifteen (15) PERIOD of fifteen (15)
whole subject matter or terminates a days from notice of days from notice of
particular proceeding or action, leaving denial of the denial of the motion.
motion.(Neypes vs. C.A.
nothing to be done by the court (or quasi-
court) but to enforce by execution what has
been determined. (Neypes vs. CA, 469 SCRA 633)
Requisites of ordinary appeal
Interlocutory Order – An order which does
not disposed of the case but leaves something  File a notice of appeal with the RTC that
else to be done by the trial court on the merits rendered the judgment appealed from;
of the case.  Payment of the full amount of the
appellate docket fee to the clerk of court
FINAL which rendered the judgment within the
INTERLOCUTORY reglementary period; and
ORDER  Copy of the notice of appeal shall be
Disposes of a case, Does not end the court‘s served upon the adverse party.
leaving nothing more task of adjudicating the
to be done by the parties‘ contentions and It was held that the appellant‘s failure to
court in respect determining their rights furnish the appellee with a copy of his appeal
thereto. and liabilities as regards was not a sufficient cause for its dismissal, for
each other.
he could simply have been ordered to furnish
Appealable May not be questioned on
the appellee with a copy of his appeal.
Must clearly and Need not comply with
distinctly set forth such requirement. Note: There must be a phrase ―Notice of
the facts and law Appeal.‖
upon which it is
based. Perfection of the appeal within the statutory or
reglementary period is not only mandatory but
also jurisdictional, and failure to do so renders
PETITION FOR the questioned decision final and executory,
REVIEW depriving the appellate court or body of
Taken by notice of Taken by means of a jurisdiction to alter the final judgment, much
appeal or by record on petition. less to entertain the appeal.
Notice of appeal is filed Petition is filed with,
Perfection of the appeal by one party does not
with, and the docket and the docket fee paid
fee paid to the court to the appellate court. operate to deprive the trial court of jurisdiction
that rendered the over the case.
judgment. The court may still take cognizance of the
Judgment appealed Judgment sought for other party‘s motion for execution pending
from was rendered in review was rendered in appeal, provided, such motion is filed by such
the exercise of the the exercise of its party within fifteen (15) days from notice of
court‘s original appellate jurisdiction. decision and such jurisdiction continues until
jurisdiction. the matter is resolved.
No deposit for costs is Deposit for costs is
required. required.
After the perfection of the appeal but before
A motion for extension Appellate court may
of time to file notice of grant an extension the transmittal of the record on appeal to the
appeal is not allowed. within which to file the appellate court, the trial court still retains



jurisdiction to set aside its order approving the This mode of appeal applies when the decision
record on appeal with a view to further of the RTC appealed from is one decided by it
inquiring into the matter of whether or not in the exercise of its appellate jurisdiction.
said record on appeal is complete or contains This means that the case originated from the
errors. MTC and appealed to the RTC.

Residual jurisdiction: In filing a petition for review, a notice of

appeal is not required. The appeal is done by
 Species of jurisdiction that the trial courts filing a verified petition for review directly with
have over cases they have decided the Court of Appeals.
subsequently brought up.
The lower courts or judges that rendered the
This power of the court materializes upon judgment or final order complained of should
the perfection of the appeals by the not be impleaded as parties since this petition
parties or upon the approval of the is for purposes of appeal and not petitions in
records on appeal, but prior to the original actions.
transmittal of the original records or the
records on appeal. In either instance, the When to Appeal:
trial court still retains its so-called residual 15 days from notice of decision sought to be
jurisdiction. reviewed or of the denial of petitioner‘s motion
for new trial or reconsideration filed in due
The CA‘s motu proprio dismissal of time after judgment.
petitioner‘s Complaint could not have been
based, therefore, on residual jurisdiction Additional period: 15 days only, provided that
under Rule 41. What the CA referred to as extension is sought:
residual prerogatives were the general  Upon proper motion
residual powers of the courts to dismiss  There is payment of the full amount of
an action motu proprio upon the grounds docket and other lawful fees and the
mentioned in Section 1 of Rule 9 of the deposit for costs before the expiration of
Rules of Court and under authority of the reglementary period.
Section 2 of Rule 1 of the same rules.
(Katon vs. Palanca, Jr., et al., G.R. No. 151149, No other extension shall be granted except for
September 7, 2004) the most compelling reason and in no case
shall extend fifteen (15) days (Sec.1, Rule 42,
Residual powers of the court prior to the Rules of Court).
transmittal of the original record or
record on appeal: How to Appeal:
 Filing a verified petition for review with
a) To issue orders for the preservation of the the CA
rights of the parties which do not involve  Payment of the corresponding and other
matters litigated by appeal; lawful fees to the clerk of court
b) To approve compromise prior to the  Depositing the amount of P500.00 for
transmittal of the record; costs
c) Permit appeal by an indigent;  Furnishing the RTC and the adverse party
d) Order execution pending appeal under a copy of the petition (Sec.1, Rule 42, Rules
Section 2, Rule 39 (where the motion for of Court)
execution was filed before the expiration
of the period to appeal). Grounds for Outright Dismissal by Court
of Appeals of the Petition (Motu Proprio
Petition for review from the regional Dismissal)
trial court to the court of appeals
 Failure to comply with the requirements
on form.


 Patently without merit. The failure of the appellant to make specific
 Prosecuted manifestly for delay. assignment of errors in his brief or page
 Questions raised are too unsubstantial to references to the record as required in Section
require consideration. 9 is a ground for dismissal of his appeal.

Failure to Comply with the Following General Rule: Only errors specifically
Formal Requirements is a Ground for assigned and properly argued in the brief will
Dismissal: be considered.

a) Certification against forum shopping; Exceptions:

b) Payment of docket fees and deposit for
costs; a) Errors affecting jurisdiction over the
c) Proof of service of the same petition to subject matter;
the adverse party. b) Plain and clerical errors;
c) Unassigned errors closely related to or
Petition for Review is not a matter of right but dependent upon an assigned error and
discretionary on the CA. properly argued in the brief;
d) Unassigned errors which are necessary for
It may only give due course to the petition if it a just decision in the case or, in the
shows on its face that the lower court has interest of justice, if they resolve
committed an error of fact and/or law that will questions passed upon in the trial court,
warrant a reversal or a review thereof. and are matters of record having some
bearing on the issues submitted.
The CA may either:
Appellee‟s Brief
 Require the respondent to file comment;
or  Failure to file does not affect appeal.
 Dismiss the petition on the grounds  Appellee can only make counter–
provided for above. assignment of errors to sustain judgment.
 Appellee can also argue on issues raised
Stay of Judgment at the trial to sustain the judgment in his
favor on other grounds, even if the same
General Rule: The appeal shall stay the were not included in the decision of the
judgment or final order court a quo nor raised in appellant‘s
assignment of errors or arguments.
Exception:  Appellee cannot assign error to have
judgment modified, to do so, he must
 If the CA, law or rules shall provide have appealed.
 Civil cases decided under the Rules on QUESTION OF LAW QUESTION OF FACT
Summary Procedure (Sec.8 [b], Rule 42, Doubt or controversy Doubt or difference
Rules of Court) as to what the law is arises as to the truth or
on certain facts. falsehood of facts, or as
Ordinary Appealed Cases Procedure in to probative value of the
the Court of Appeals Appellant‟s Brief evidence presented.
Appellate court can The determination
determine the issue involves evaluation or
Failure to file appellant‘s brief on time is a raised without review of evidence.
ground for dismissal of the appeal. EXCEPT if reviewing or evaluating
failure to do so is due to force majeure or caso the evidence.

If a motion to dismiss an appeal has been

filed, it suspends the running of the period for
filing the appellant‘s brief, as the same would
be unnecessary should the motion be granted.



QUESTION OF LAW QUESTION OF FACT court did not have jurisdiction over the
Can involve questions Query invites the said appeal.
of interpretation of the calibration of the whole
law with respect to evidence considering Appeal by Certiorari to the Supreme
certain set of facts. mainly the credibility of
witnesses, existence and
relevancy of specific
When the appeal raises pure questions of law,
surrounding the appeal should be addressed to the
circumstances and Supreme Court.
relation to each other
and the whole A question of law arises when the doubt or
probabilities of the difference arises as to what the law is on a
situation. certain set of facts.

Appellant‟s reply brief A case, which does not raise purely question
 Filing is optional. of law, does not merit attention of the
 Filed to answer point in the appellee‘s Supreme Court. Questions of fact are not
brief not covered in the appellant‘s brief. proper subjects of this kind of appeal.
 Filed within twenty (20) days from receipt
of appellee‘s brief. Note: In a Rule 45 appeal from a decision in a
petition for writ of Amparo or habeas data,
BRIEF MEMORANDUM questions of fact may be raised.
Ordinary appeals Certiorari, prohibition,
mandamus, quo warranto
 Judgment, final order or resolution of CTA
and habeas corpus cases.
is now appealable under Rule 45
Filed within 45 days Within 30 days
Contents specified by Shorter, briefer, only one
Rules. issue involved – no Petition may include an application for a
subject index or writ of preliminary injunction or other
assignment of errors; just provisional remedies.
facts and law applicable.
The petitioner may seek the same
Time for Filing Memoranda in Special provisional remedies by verified motion
Cases filed in the same action or proceeding or
In certiorari, prohibition, mandamus, quo any time during its pendency. (Sec. 1 Rule
warranto and habeas corpus cases, the parties 45 as amended by A.M. No. 07-7-12-SC, 27
shall file, in lieu of briefs, their respective Dec. 2007)
memoranda within a non-extendible period of
30 days from receipt of the notice issued by Test for Questions of Law: If the appellate
the clerk that all the evidence, oral and court can determine the issue raised without
documentary, is already attached to the receiving or evaluating the evidence.
Conclusiveness of Facts:
The failure of the appellant to file his
memorandum within the period thereof may General Rule: The findings of fact of the CA
be a ground for dismissal of the appeal. are final and conclusive and cannot be
reviewed on appeal to the SC.
Effect of a Misdirected Appeal
 It will result to the outright dismissal of
 When the finding is grounded entirely on
the appeal in accordance in the Revised
speculations, surmises or conjectures;
Rules on Civil Procedure.
 When inference made is manifestly
 It produces no effect, because such
absurd, mistaken or impossible;
dismissal is based on the fact that the


 When the judgment is premised on a RULE 45 vs RULE 65 vs RULE 64
misrepresentation of facts;
 When there is grave abuse of discretion in Review on
Certiorari Certiorari
the appreciation of facts; Certiorari
Under Rule Under Rule
 When the findings of fact are conflicting; Under
65 64
 When the CA in making its finding went Rule 45
Petition is Petition raises Petition prays
beyond the issue of the case and the
based on the issue as to for annulment
same is contrary to both the admissions of questions of whether the or modification
appellants and appellees; law. lower court of the
 When the findings of fact of the CA are at acted without questioned
variance with those of the trial court, the jurisdiction or judgment, final
SC has to review the evidence in order to with grave order or
arrive at the correct findings based on the abuse of resolution.
record; discretion. (Finding of
 When the findings of fact are conclusions facts supported
by substantial
without citation of specific evidence on
evidence final
which they are based; and renewable)
 When the facts set forth in the petition as A mode of Special civil Special civil
well as in the petitioner‘s main and reply appeal. action. action.
briefs are not disputed by the Involves the Directed Involves the
respondents; review of the against an review of
 The findings of fact of the CA is premised judgment interlocutory judgment, and
on the supposed evidence on record; award or final order of the final orders or
 When certain material facts and order on the court or where resolution of
circumstances have been overlooked by merits. there is no the Commission
appeal or any on Elections
the trial court which, if taken into account,
other plain, and the
would alter the result of the case in that speedy or Commission on
they would entitle the accused to adequate Audit
acquittal. remedy.
Must be made Filed not later Filed within 30
Grounds for Denial of Petition by the within the than 60 days days from
Supreme Court on its own initiative: reglementary from notice of notice of
 The appeal is without merit period. judgment, judgment,
 If prosecuted manifestly for delay order or order or
 The questions raised therein are too resolution. resolution.
Stays the Unless a writ Unless the
unsubstantial to require consideration
judgment or of preliminary Supreme Court
(Sec. 5, Rule 45, Rules of Court)
order appealed injunction or shall direct
from. temporary otherwise upon
Remedies if aggrieved by the judgment restraining such terms as it
of the trial court: order is issued may deem just,
 Motion for reconsideration. does not stay does NOT stay
 Motion for new trial. the challenged execution of
 Appeal. proceeding. judgment, final
 Petition for relief from judgment. order or
 Petition for annulment of judgment. resolution.
The court is in Court exercises Court exercises
the exercise of original original
Remedies if aggrieved by decision of the its appellate jurisdiction. jurisdiction.
CA: jurisdiction and
 Motion for reconsideration. power of
 Motion for new trial (on newly discovered review.
evidence). The petitioner The parties are The parties are
 Petition for review on certiorari under Rule and the the aggrieved the aggrieved
45. respondent are party against party against
the original the lower court the Commission
parties to the or quasi- concerned and
action, and the judicial agency person or



Review on
Certiorari Certiorari
when there are special and important reasons
Certiorari therefor.
Under Rule Under Rule
65 64
Rule 45 The following, while neither controlling nor
lower court or and the persons
fully measuring the court‘s discretion, indicate
quasi-judicial prevailing interested in
agency is not parties. sustain the
the character of the reasons which will be
impleaded. judgment, final considered:
order or
resolution.  When the court a quo has decided a
Motion for Motion for Motion for question of substance, not theretofore
reconsideration reconsideration reconsideration determined by the Supreme Court, or has
is not required. or for new trial or for new trial, decided it in a way probably not in accord
is required. if allowed under with law or with the applicable decisions
If a motion for the procedural of the Supreme Court; or
reconsideration rules of the
or new trial is Commission
filed, the concerned,  When the court a quo has so far departed
period shall shall interrupt from the accepted and usual course of
not only be the period judicial proceedings, or so far sanctioned
interrupted but fixed. such departure by a lower court, as to call
another 60 for an exercise of the power of
days shall be supervision.
given to the
petitioner (SC
Admin. Matter


A review is not a matter of right, but of sound

judicial discretion, and will be granted only
By notice of appeal or By filing a petition for By filing a petition for
record on appeal. review. review on certiorari.
From the MTC and MCTC to
the RTC, and from the RTC
to the CA in decisions of
the RTC rendered in the
exercise of their respective From the RTC to the SC
original jurisdictions From the RTC to the CA, a on a pure question of
decision of the RTC law, a decision of the
Where to appeal
From the MTC and MCTC to rendered in the exercise of RTC rendered in the
the CA for decisions its appellate jurisdiction. exercise of its original
rendered by the said courts jurisdiction.
in the exercise of their
delegated jurisdiction, in
which case the MTC and
MCTC acts as RTC.
Matter of appellate court‘s Matter of appellate
Nature of appeal Matter of right
discretion. court‘s discretion.
To whom appellate
Clerk of Court whose
docket and other Clerk of Court of the CA Clerk of Court of the SC
decision is being appealed.
lawful fees is paid


Requirement for
Not a requisite for
Payment of appellate perfection of appeal to
perfection of appeal but a Requirement for perfection
docket and other be paid to the Clerk of
ground for dismissal if not of appeal.
lawful fees Court of the appellate
paid on time.
Petitioner – party Petitioner – party
Appellant – party appealing appealing appealing
Name of parties
Appellee – adverse party Respondent – adverse Respondent – adverse
party party.
In special proceedings and
Requirement of record
other cases of multiple or Not required Not required
on appeal
separate appeals
From the MTC and MCTC to
Basic document to be the RTC, Memo
Memoranda, when Memo, when required by
filed in the appellate
required by the CA. the SC.
court From the RTC to the CA,
Upon timely filing of a Upon timely filing of the
If filing of the notice of
petition for review and petition for review on
Perfection of appeal as appeal is required, upon
payment of corresponding certiorari and payment of
to appellant approval of the record on
docket and other lawful docket and other lawful
appeal in due time.
fees. fees.
In appeal by notice of
appeal – upon perfection of
the appeal filed in due time
and the expiration of its
time to appeal of the other
When court whose Upon the perfection of the Upon the perfection of
decision is being appeal filed in due time to the appeal filed in due
appealed loses appeal by the other time to appeal by the
In appeal by record on
jurisdiction parties. other parties.
appeal – upon approval of
the records on appeal filed
in due time and the
expiration of its time to
appeal of the other parties.
Question of fact, question Question of fact, question
As to questions which
of law and question of fact of law, question of fact Only question of law.
may be raised
and law. and law.

3.R.2.L. Appeal from Judgments or Final Appeals from the court of tax appeals
Orders of the CA and quasi-judicial agencies to the court
of appeals
Dual Functions of CA
 Appeals from judgments and final orders
1. Original Jurisdiction (governed by of quasi-judicial bodies/agencies are now
Rule 46); original cases filed before the required to be brought to the Court of
CA: certiorari, prohibition, mandamus, Appeals under the requirements and
quo warranto conditions set forth in Rule 43. This rule is
2. Appellate Jurisdiction (governed by adopted precisely to provide a uniform
Rule 44) rule of appellate procedure from quasi-
judicial bodies (Carpio vs. Sulu Resource Dev.
Corp, 387 SCRA 128).
Appeals from the NLRC – Judgments of the
NLRC are to be brought first to the CA by way



of petition for certiorari under Rule 65 wihtin From the decision of the CA, the
60 days from notice of decision not under Rule aggrieved party may:
43 of the Rules of Court (St. Martin Funeral
Homes vs. NLRC, 295 SCRA 494) a) Appeal by Certiorari under Rule 45;
b) File Motion for New Trial.
Decisions and final orders of the
Sandiganbayan Under Rule 37, Motion for New Trial may be
filed only when the trial court has rendered a
 Shall be appealable to the Supreme Court decision already, but in the CA, even if no
by way of petition for review on certiorari decision has yet been rendered, Motion for
under Rule 45 raising pure questions of New Trial may be filed based on newly
law (People vs Espinosa, G.R Nos. 153714-20, discovered evidence.
Aug.15, 2003).
This Rule as well as Rule 42 constitutes the
Note: In Rule 40 (Appeal from the MTC to the exceptions to the general rule that appeals on
RTC), 41 (Appeal from the RTC), and 42 pure questions of law are brought to the SC.
(Petition for Review from the RTC to the CA),
the judgment is stayed, unlike in Rule 43 3.R.2.M. Appeal from Judgments or Final
(Appeals from Quasi-judicial Agencies to the Orders of COA
C.A.); parties must apply for restraining order
and preliminary injunction to stay judgment. 3.R.2.N. Appeal from Judgments or Final
Orders of COMELEC
Mode of Appeal – Petition for Review
A party aggrieved by the judgment, final order
Cases Not Covered – Judgments or final or resolution of the Commission on Elections
orders issued under the Labor Code. or Commission on Audit may file a petition for
certiorari under Rule 65 with the Supreme
Period of Appeal – Within 15 days from Court (Sec. 2, Rule 64, Rules of Court).
notice of decision. The C.A. may grant an
additional period of 15 days only within which The mode of review under Rule 64 is starkly
to file the petition for review. No further different from the mode applicable to the
extension shall be granted except for the most judgment, final order or resolution of another
compelling reason and in no case to exceed constitutional body, the Civil Service
15 days. Commission. The judgment of the Civil Service
Commission cannot be assailed by a petition
Effect of failure to comply with for certiorari to the Supreme Court but by
requirements appeal. This appeal shall be taken by filing a
verified petition for review to the Court of
The failure of the petitioner to comply with Appeals (R.A. 7902) in accordance with Rule 43
any of the requirements regarding the of the Rules of Court.
payment of the docket and other lawful fees,
the deposit for costs, proof of service of the Time for filing of petition:
petition, and the contents of and the 30 DAYS (special period of 30 days as
documents which should accompany the opposed to 60 days provided in Rule 65) from
petition shall be sufficient ground for the notice of judgment or final order or resolution
dismissal thereof. sought to be reviewed.

Issues of pure questions of law may be raised; If a motion for reconsideration was filed and is
however, CA has the discretion whether or not subsequently denied, petition must be filed
to entertain the same. within the remaining period but not less than
5 days in any event reckoned from notice of



Mode of review: Rule 64 Rule 65

As an independent civil action under Rule 65, Time 30 days 60 days
to be filed exclusively with the SC. Frame
Reckonin From notice From receipt of
Filing of petition for certiorari does not stay g Period of judgment. denial of Motion for
execution of judgment or final order or Reconsideration.
resolution sought to be reviewed unless the Power of Not under Under concurrent
the court concurrent jurisdiction.
petitioner files for TRO and Preliminary
to hear jurisdiction
Application of rule 64 and 65 original‖.

 Sec. 7, Art. IX-A of the Constitution reads, 3.R.2.O. Review of Final Judgments or
―unless otherwise provided by the Final Orders of The CSC
Constitution or by law, any decision, order
or ruling of each commission may be The judgment of the Civil Service Commission
brought to the Supreme Court on cannot be assailed by a petition for certiorari
certiorari by the aggrieved party within 30 to the Supreme Court but by appeal. This
days from receipt of a copy thereof.‖ The appeal shall be taken by filing a verified
provision was interpreted by the Supreme petition for review to the Court of Appeals
Court to refer to certiorari under Rule 65 (R.A. 7902) in accordance with Rule 43 of the
and not appeal by certiorari under Rule 45 Rules of Court.
(Aratuc vs. COMELEC, 88 SCRA 251; Dario vs.
Mison, 176 SCRA 84). To implement the All final judgments, decisions, resolutions,
above constitutional provision, the SC orders or awards of the Civil Service
promulgated Rule 64. Commission are appealable to the Court of
Distinction in the application of Rule 65 Appeals.
to judgments of the COMELEC and COA
and the application of Rule 65 to other 3.R.2.P. 3.R.2.O. Review of Final
tribunals, persons and officers Judgments or Final Orders of The
Directed only to the Directed to any
In administrative disciplinary cases - should be
judgments, final orders or tribunal, board or
resolutions of the officers exercising taken to the CA under Rule 43.
COMELEC and COA; judicial or quasi-
judicial functions; In criminal or non-administrative cases -
Filed within 30 days from Filed within 60 days Elevated to the SC by way of Rule 65
notice of the judgment; from notice of the (Enemecio vs. Office of the Ombudsman, 419 SCRA
judgment; 82).
The filing of a motion for The period within
reconsideration or a which to file the 3.R.2.Q. Review of Final Judgments or
motion for new trial, if petition, if the motion Final Orders of Quasi-Judicial Agencies
allowed, interrupts the for reconsideration or
period for the filing of the new trial is denied, is Agencies Included under Rule 43
petition for certiorari. If 60 days from notice
the motion is denied, the of the denial of the
aggrieved party may file motion. 1. Civil Service Commission;
the petition within the 2. Central Board of Assessment Appeals;
remaining period, but 3. Securities and Exchange Commission;
which shall not be less 4. Office of the President;
than 5 days reckoned 5. Land Registration Authority;
from the notice of denial. 6. Social Security Commission;
7. Civil Aeronautics Board;
Periods of Rule 45 and 65



8. Bureau of Patents, Trademarks and 3. Failure of the appellant to pay the docket
Technology Transfer; and other lawful fees as provided in
9. National Electrification Administration; section 5, Rule 40 and section 4 of Rule
10. Energy Regulatory Board; 41; (Bar Matter No. 803, 17 February
11. National Telecommunications 1998)
Commission; 4. Unauthorized alterations, omissions or
12. Department of Agrarian Reform under additions in the approved record on
R.A. 6657; appeal as provided in section 4 of Rule 44;
13. GSIS; 5. Failure of the appellant to serve and file
14. Employee Compensation Commission; the required number of copies of his brief
15. Agricultural Inventions Board; or memorandum within the time provided
16. Insurance Commission; by these Rules;
17. Philippine Atomic Energy Commission; 6. Absence of specific assignment of errors in
18. Board of Investments; the appellant's brief, or of page references
19. Construction Industry Arbitration to the record as required in section 13,
Commission; and paragraphs (a), (c), (d) and (f) of Rule 44;
20. Voluntary Arbitrators authorized by law 7. Failure of the appellant to take the
(Sec. 1 Rule 43). necessary steps for the correction or
completion of the record within the time
 Appeals from judgments and final orders limited by the court in its order;
of quasi-judicial bodies/agencies are now 8. Failure of the appellant to appear at the
required to be brought to the CA under preliminary conference under Rule 48 or
the requirements and conditions set forth to comply with orders, circulars, or
in Rule 43. This rule was adopted directives of the court without justifiable
precisely to provide a uniform rule of cause; and
appellate procedure from quasi-judicial 9. The fact that the order or judgment
bodies (Carpio vs. Sulu Resource Devt. Corp., appealed from is not appealable. (1a)
387 SCRA 128).
An appeal under Rule 41 taken from the
The appeal shall not stay the award, Regional Trial Court to the Court of Appeals
judgment, final order or resolution sought to raising only questions of law shall be
be reviewed unless the CA shall direct dismissed, issues purely of law not being
otherwise upon such terms as it may deem reviewable by said court.
just (Sec.12, Rule 43, Rules of Court)
An appeal by notice of appeal instead of by
The appeal under Rule 43 may raise issues petition for review from the appellate
involving questions of fact, of law or mixed judgment of a Regional Trial Court shall be
questions of fact and law dismissed. (n)

3.R.2.R. Dismissal, Reinstatement and An appeal erroneously taken to the Court of

Withdrawal of Appeal Appeals shall not be transferred to the
appropriate court but shall be dismissed
Dismissal of Appeal outright. (3a)

Grounds for dismissal of appeal Withdrawal of appeal

1. Failure of the record on appeal to show on An appeal may be withdrawn as of right at

its face that the appeal was taken within any time before the filing of the appellee's
the period fixed by these Rules; brief. Thereafter, the withdrawal may be
2. Failure to file the notice of appeal or the allowed in the discretion of the court. (4a)
record on appeal within the period
prescribed by these Rules;



3.R.2.S. Dual Function of Appellate disregard any error or defect which does not
Courts affect the substantial rights of the parties.
(Rule 51, Sec. 6)
An appellate court serves a dual function.
We have likewise followed the harmless error
1. Correctness function - The case is rule in our jurisdiction. In dealing with
reviewed on appeal to assure that evidence improperly admitted in trial, we
substantial justice has been done. It is examine its damaging quality and its impact to
concerned with the justice of the the substantive rights of the litigant. If the
particular case. impact is slight and insignificant, we disregard
2. Institutional function - the progressive the error as it will not overcome the weight of
development of the law for general the properly admitted evidence against the
application in the judicial system. It is prejudiced party. (People vs. Tehankee 249
concerned with the articulation and SCRA 54)
application of constitutional principles,
the authoritative interpretation of 3.R.2.U. Reliefs from Judgments or Final
statutes, and the formulation of policy Orders and Resolutions.
within the proper sphere of the judicial
function. Petition for Relief from Judgments is a remedy
whereby a party seeks to set aside a judgment
The duality also relates to the dual function of or final order rendered against him by a court
all adjudication in the common law system. whenever he was unjustly deprived of a
hearing or was prevented from taking an
1. Doctrine of res judicata, which decides appeal because of fraud, accident, mistake or
the case and settles the controversy; excusable neglect and there no other
2. Doctrine of stare decisis, which remedies in law exists (Vitug vs Sps. Morales,
pertains to the precedential value of G.R. No. 199283, June 9, 2014).
the case which assists in deciding
future similar cases by the application The remedy of petition for relief from
of the rule or principle derived from judgment is available only when the judgment
the earlier case. or order in question is already final and
With each level of the appellate structure, the
review for correctness function diminishes and 3.R.2.U.1. Grounds
the institutional function, which concerns itself
with uniformity of judicial administration and 1. When a judgment or final order is
the progressive development of the law, entered, or any other proceeding is
increases. (Re: Letter Complaint of Merlita B. thereafter taken against a party in any
Fabiana Against Presiding Justice Andres B. Reyes, court through fraud, accident, mistake, or
Jr., et al. 700 SCRA 348 , July 02, 2013) excusable negligence

3.R.2.T. Harmless Error Rule in Appellate 2. When a judgment or final order is

Decisions rendered by any court in a case, and a
party thereto, by fraud, accident, mistake,
No error in either the admission or the or excusable negligence, has been
exclusion of evidence and no error or defect in prevented from taking an appeal
any ruling or order or in anything done or
omitted by the trial court or by any of the 3.R.2.U.2. Time to file Action
parties is ground for granting a new trial or for
setting aside, modifying, or otherwise Petition - Filed within sixty (60) days after the
disturbing a judgment or order, unless refusal petitioner learns of the judgment, final order,
to take such action appears to the court or other proceeding to be set aside, and not
inconsistent with substantial justice. The court more than six (6) months after such judgment
at every stage of the proceeding must



or final order was entered, or such proceeding RULE 37 RULE 38

was taken. evidence
When availed of: When availed of:
Answer to the Petition - Filed within fifteen within the time to within 60 days from
(15) days from the receipt thereof. appeal. knowledge of the
judgment; and
within 6 months from
3.R.2.U.3. Contents of Petition entry of judgment.
If denied, the Order If denied, the order
Petition based on the first ground – petition of Denial is not denying the petition for
shall pray that the judgment, order or appealable hence, relief is not appealable;
proceeding be set aside remedy is appeal the remedy is appropriate
from the judgment. civil action under Rule 65.
Petition based on the second ground – petition Legal Remedy. Equitable Remedy.
shall pray that that the appeal be given due Motion needs to be Petition must be verified.
course. verified.

The petition must be verified and 3.R.3. Annulment of Judgments or Final

accompanied with affidavits showing the Orders and Resolutions
fraud, accident, mistake, or excusable
negligence relied upon, and the facts Annulment of judgment
constituting the petitioner's good and A remedy in law independent of the case
substantial cause of action or defense, as the where the judgment sought to be annulled
case may be. was rendered and may be availed of though
the judgment has been executed.
Two hearings under Rule 38:
Important Conditions:
 A hearing to determine whether the
judgment, order or proceeding should be The petitioner failed to move for new trial in,
set aside; and or appeal from, or file a petition for relief
 If yes, a hearing on the merits of the against, or take other appropriate remedies
case. assailing the questioned judgment or final
order or resolution through no fault
Note: Failure to file an answer to the petition attributable to him.
for relief does not constitute default since
even without such answer, the court will still If he failed to avail of those other remedies
have to hear the petition and determine its without sufficient justification, he cannot
merits. resort to annulment provided in this Rule,
otherwise he would benefit from his own or
Rule 37 Distinguished from Rule 38 negligence.

RULE 37 RULE 38 3.R.3.1. Grounds for annulment of

Available before Available after judgment judgment
judgment becomes has become final and
final and executory. executory.  Extrinsic Fraud;
Applies to judgments Applies to judgments, final  Lack of jurisdiction over the subject
or final orders only. orders and other
matter and over the person (Sec. 2, Rule
Land Registration
Special Proceedings
 Denial of due process (Alaban vs. CA, G.R.
Order of Execution No. 156021, Sept. 23, 2005)
Grounds: Grounds: FAME



Reminders: filing discovery barred by

action laches or
 Such must be extrinsic and committed by estoppel
the adverse party, not by plaintiff‘s own Effect of (1) Trial court will Questioned
judgment try the case as if jusgement or
counsel who misled said plaintiff.
motion for new trial order shall be
 The C.A. has exclusive original jurisdiction was granted set aside and
in actions to annul judgments of the RTC, (2) prescriptive rendered
while the RTC has jurisdiction to annul period shall not be void.
judgments of inferior courts in the region. suspended if the
 Actions to annul judgments are not extrinsic fraud is
necessarily limited to those principally or attributable to the
secondarily bound there under. Any plaintiff in the
person adversely affected thereby can original action
enjoin its enforcement.
Where to file:
Extrinsic or Collateral Fraud - any
fraudulent act of the prevailing party in the a. Judgment of MTC – file with the RTC
litigation which is committed outside of the b. Judgment of RTC – file with the CA
trial of the case, whereby the defeated party  If the petition is filed in the CA, it can
was prevented from exhibiting fully and fairly dismiss the petition outright because the
presenting his side of the case. same is a matter of discretion on the part
of the said court.
 A final and executory judgment may still  If the petition is filed in the RTC, it cannot
be set aside if, upon mere inspection dismiss the petition outright because the
thereof, its patent nullity can be shown for action to annul the judgment of the MTC
having been issued without jurisdiction or in the RTC is a matter of right.
for lack of due process of law. Annulment  Rule 47 refers to the annulment of
of judgment under Rule 47; an exception decision of RTC and/or MTC, and not of
to the final judgment rule. (Diona vs. the CA.
Balangue, G.R. No. 173559, January 7, 2013)
Annulment of judgment is a recourse WHO MAY FILE:
equitable in character, allowed only in
exceptional cases as where there is no General Rule: Only parties may file for
available or other adequate remedy. annulment of judgment.
Jurisprudence and Section 2, Rule 47 of
the Rules of Court lay down the grounds Exception: Even a stranger may seek the
upon which an action for annulment of annulment of the judgment, provided that his
judgment may be brought, i.e., (1) property rights are adversely affected over a
extrinsic fraud, and (2) lack of jurisdiction certain piece of land involved.
or denial of due process. Lack of
jurisdiction refers to either lack of  From SC to CA, cases on issues of
jurisdiction over the person of the question of law may be transferred.
defending party or over the subject matter  From CA to SC, however, the same cannot
of the claim, and in either case, the be made. The CA must resolve the case
judgment or final order and resolution are by dismissing the same.
void. (National Housing Authority vs.  CA can only resolve purely question of law
Evangelista, G.R. No. 140945, May 16, 2005) if RTC acted as an appellate court, not as
a trial court.
3.R.3.2 . Period to file action
Two stages of this proceeding:
FRAUD JURISDICTI  A preliminary evaluation of the petition to
determine prima facie merit therein,
Period for 4 years from Before it is



 The issuance of summons as in ordinary 3. The judgment of annulment may include

civil cases and such appropriate the award of damages, attorney‘s fees
proceedings thereafter as contemplated in and other relied (Sec. 9, Rule 47)
Section 6, Rule 14.
 For the court to acquire jurisdiction over 3.R.3.4. Collateral attack of Judgments
the respondent, the rule requires the
issuance of summons should prima facie Direct Attack - when the object of an action is
merit be found in the petition and the to annul or set aside such proceeding, or
same is given due course. enjoin its enforcement.

A petition for relief from judgment must Indirect or Collateral Attack - When, in an
be filed within (a) 60 days from action to obtain a different relief, an attack on
knowledge of judgment, order or other the proceeding is nevertheless made as an
proceedings to be set aside and (b) 6 incident thereof (Firaza vs. Sps. Ugay, G.R.No.
months from entry of such judgment, 165838, April 3, 2013).
order or other proceeding. These two
periods must concur. Both periods are not 3.S. EXECUTION, SATISFACTION AND
extendible and are never interrupted. EFFECT OF JUDGMENTS (RULE 39)

3.R.3.3. Effects of a judgment of Execution is the remedy provided for by law

annulment for the enforcement of a final judgment.

1. A judgment of annulment shall set aside Against whom is execution issued

the questioned judgment or final order or Execution can only be issued against a party
resolution and render the same null and and not against one who has not had his day
void, without prejudice to the original in court.
action being refiled in the proper court.
However, where the judgment or final Final Judgment or Order – one that
order or resolution is set aside on the disposes of the whole subject matter or
ground of extrinsic fraud, the court may terminates the particular proceedings or
on motion order the trial court to try the action, leaving nothing to be done by the
case as if a timely motion for new trial had court but to enforce by execution what has
been granted therein. been determined.

The prescriptive period for the refilling of 3.S.1 Difference Between Finality of
the original action shall be deemed Judgment For Purposes of Appeal; for
suspended from the filing of such original purposes of execution
action until the finality if the judgment of
annulment. The term ―final‖ when used to describe a
judgment may be used in two senses.
2. Where the judgment or final order is set
aside and annulled on the ground of 1. Finality of Judgment for Purposes of
extrinsic fraud, the court, upon motion, Appeal - Judgment that disposes of a case
may order the trial court to try the case as in a manner that leaves nothing more to
if a motion for new trial was granted. (Sec. be done by the court in respect thereto.
7, Rule 47)
As distinguished from an interlocutory
The prescriptive period shall not be order which does not finally terminate or
suspended where the extrinsic fraud is dispose of the case (Rudecon Management
attributable to the plaintiff in the original Corp. vs. Singson, 4554 SCRA 612).
action. (Sec. 8, Rule 47)



2. Finality of Judgment for Purposes of

Execution - Judgment that is no longer Exceptions:
appealable and is already capable of being
executed because the period for appeal a. Orders granting support even if the main
has elapsed without a party having case is still pending.
perfected an appeal or if there has been b. Orders in injunctions.
appeal, it has already been resolved by a c. Orders in receivership; and
highest possible tribunal. d. Orders in accounting cases.

For Purposes of For Purposes of 3.S.2 When execution shall issue

Appeal Execution
Final judgments are After lapse of period 1. Execution as a matter of right
appealable. to appeal and no 2. Discretionary execution
Interlocutory orders appeal was perfected,
are not appealable. no further action can
be had.
3.S.2.A. Execution as a Matter of Right
Execution of Final Execution is a matter
judgment in this of right. Execution is a matter of right upon the
sense may not be a expiration of the period to appeal and no
matter of right as appeal was perfected from a judgment or
when the period to order that disposes of the action or
file an appeal has not proceeding. (Sec., 1, Rule 39)
To determine whether To determine whether Issuance of a writ of execution becomes
a judgment is final or judgment is final, the
ministerial duty of the court. (Riano, Civil
interlocutory, the test test is whether the
Procedure, Volume 1, p. 642)
is whether the lapse of the
judgment or order reglementary period
leaves nothing more to appeal has lapsed General Rule: The trial court that tried the
for the court to do and no appeal has case will execute the executory judgment.
with respect to the been perfected.
merits of the case. Exception: Execution pending appeal
3.S.2.B. Discretionary Execution
Amendment of a Final and Executory
Judgment 1. Execution pending appeal;
2. While trial court has jurisdiction over the
Generally, not allowed, except when case and is in possession of either the
amendment is: original record or record on appeal;
3. When trial court has lost jurisdiction but
1. To make corrections of clerical errors, has not transmitted records of the case to
mistakes or omissions (amendments nunc the appellate court; and
pro tunc). 4. When trial court has lost jurisdiction and
2. To clarify an ambiguity which is borne out has transmitted records
by and justifiable in the context of the 5. Execution of several, separate or partial
decision, especially if the parties judgment (Florendo v. PIC, G.R. No. 167976,
acquiesced thereto; and January 20, 2010)
3. In judgments for support, which can
always be amended from time to time, in Requisites of Execution Pending Appeal
the light of the circumstances of the
parties. 1. Motion by prevailing party with notice to
the adverse party;
Relevance of finality of a judgment or 2. Hearing
order 3. Good reasons to justify the discretionary
General Rule: Only judgments and orders 4. Good reasons must be stated in the special
which are final may be executed. order.



after revival thereof through an action to

Where to File an Application For revive judgment.
Discretionary Execution
3.S.3.A. Execution by Motion or by
Lower Court Appellate Court Independent Action
While it has jurisdiction After the trial court has
over the case lost jurisdiction A Within 5 No revival of Executed
While it is in possession years from judgment by motion.
of either the original
date of needed.
record or the record on
entry of
Where the judgment subject to discretionary B After 5 Revival of Once
execution is reversed or annulled , the trial years but judgment by revived,
court may, on motion, issue such orders of before 10 means of execution
restitution or reparation of damages as equity years from independent may be by
and justice may warrant under the the date of action / motion
circumstances entry of petition since the
judgment The right to revival is
Stay of Discretionary Execution execution is in nature
reduced to a of a new
Discretionary execution may be stayed upon right of judgment
approval by the proper court of a sufficient action which separate
supersedeas bond filed by the party against may be and
whom it is directed, conditioned upon the proceeded in distinct
performance of the judgment or order allowed separate from the
to be executed in case it shall finally be action. original
sustained in whole or in part. (Sec. 3, Rule 39) judgment.
(See Row
Supersedeas Bond is a bond filed by a A).
petitioner which guarantees satisfaction of the
judgment in case it is affirmed on appeal. It Action to revive judgment may be filed twice.
must be approved by the court before the If after the second revival and the judgment
judgment becomes final and executory. has not been executed by motion, the same
will be barred and no further action for revival
Judgments not stayed by appeal: of judgment can be filed.
(Sec. 4, Rule 39)
Revival of judgment
1. Injunction.
2. Receivership. From the date of entry of judgment, no
3. Accounting. motion was filed for the execution of said
4. Support judgment, thus the need for its enforcement
5. Such other judgments declared to be by independent action.
immediately executory unless otherwise
ordered by the trial court. An action to enforce a judgment prescribes in
10 years from the finality of the judgment.
3.S.3. How Judgment is Executed
3.S.3.B. Issuance and Contents of a Writ
 By motion within 5 years from date of the of Execution
entry; or
 By independent action after 5 years from Writ of execution is the judicial writ issued
entry the judgment may be executed only to an officer authorizing him to execute the
judgment of the court.



matter of law, such judgments cannot

Issuance of the Writ become final.

The writ of execution is issued in the name of A motion for execution must be:
the Republic of the Philippines 1. In writing
2. With hearing
The writ is enforceable within 5 years from the 3. With notice
entry of judgment.
Note: Non-compliance makes the motion pro
Contents of the Writ forma

The writ shall state: Execution of several judgments

1. The name of the court which granted the This motion is availed of when the winning
motion. party seeks a judgment against one or more
2. The case number and title. of several defendants. The court may grant
3. The dispositive portion of the judgment or execution with respect to said defendant or
order subject of the execution; and defendants.
4. Shall require the sheriff or other proper officer
to whom it is directed to enforce the writ Execution of Separate or Partial
according to its terms (Sec., 8, Rule 39; Riano, judgments
Civil Procedure Volume 1, p. 645) This motion may be sought in court at any
stage of an action to dispose of a particular
Essential Requisites for a Writ of claim, while the action is being heard of with
Execution regard to the other claims that have not been
settled yet or are still awaiting resolution.
It must conform strictly to the decision or
judgment which gave life to it. It cannot vary Order of Execution
the terms of the judgment it seeks to enforce.
It is the ministerial duty of the court to issue a General Rule: We have ruled that an order
writ of execution. of execution of a final and executory
General Rule: Where the judgment or order judgment, as in this case, is not appealable,
has become executory, the court cannot otherwise, there would be no end to litigation.
(D‘ Armoured Security and Investigation Agency,
refuse to issue a writ of execution.
Inc. Vs. Orpia, G.R. No. 151325. June 27, 2005)

Exceptions: Exceptions:
a. When the subsequent facts and
circumstances transpire which render such When the terms of the judgment are not very
execution unjust or impossible; clear; or
b. On equitable grounds;
c. Where the judgment has been novated by When the order of execution varies with the
the parties; tenor of the judgment
d. When a petition for relief or an action to
enjoin the judgment is filed and a Execution in case of death of party (Sec.
preliminary injunction is prayed for and 7, Rule 39)
e. Where the judgment has become If the obligor dies after the entry but before
dormant, the 5-year period having expired levy on his property, execution will be issued
without the judgment having been for recovery of real or personal property or
revived; or enforcement of lien thereon.
f. Where the judgment turns out to be
incomplete or is conditional since, as a If he dies after levy has been made, execution
sale proceeds.



For a sum of money, judgment cannot be Return of writ of execution

enforced by writ but as a claim against the The writ of execution must be returned to the
estate in probate proceedings. issuing court after partial or full satisfaction of
judgment. If the judgment cannot be satisfied
Quashal of a writ of execution in full within 30 days after his receipt of the
writ, the officer shall report to the court and
Grounds: state the reason and thereafter make periodic
 Improvidently issued. reports until judgment is satisfied. The writ
 Defective in substance. continues to be effective during such period of
 Issued against the wrong party. time that the judgment may be enforced by
 Judgment was already satisfied. motion -- 5 years. (Sec. 14, Rule 39)
 Issued without authority.
 There is a change in the situation of the  Within 30 days from receipt thereof and
parties which renders execution every 30 days thereafter until the
inequitable. judgment is fully satisfied, a sheriff is
 Controversy was never validly submitted required by the Rules of Court to render a
to the court. report on the action taken on a writ of
 Writ of execution varies the terms of the execution. X x x When a writ of execution
judgment. is placed in the hands of a sheriff, it is his
 Sought to be enforced against property duty, in the absence of contrary
exempt from execution; and instructions, to have it implemented
 There is ambiguity in the terms of the forthwith. The sheriff is primarily
judgment. responsible for the speedy and efficient
 Remedy from orders granting or denying service of all court processes and writs
the issuance of a writ of execution: Appeal originating from the court and its
 Remedy when there is delay in obtaining a branches, including such as may be
writ of execution of a judgment already properly delegated to him by other courts.
affirmed on appeal. The prevailing party (Fajardo vs. Quitalig, A.M. No.P-02-1535.
may: March 28, 2003)
 A decision that is left unexecuted or
1. Apply for execution. delayed indefinitely because of the
2. Secure certified true copies of the sheriff‘s inefficiency or negligence remains
judgment of the appellate court and an empty victory on the part of the
the entry thereof. prevailing party. X x x For this reason, any
3. Submit the same to the court of inordinate delay in the execution of
origin. judgment is truly deplorable and cannot
4. Justify a motion for writ of execution be countenanced by the Court. There is
on motion of the records from the no mistaking the mandatory character of
appellate court. the period prescribed under Section 14 of
Rule 39 of the Revised Rules of Court on
Appeal of an order granting the issuance the Return of a Writ of Execution. (Morta
of a writ of execution vs. Bagagnan, Supra)

Generally, not appealable, except: 3.S.3.C. Execution of Judgments For

Money (Sec. 9, Rule 39)
Where the order varies the terms of the
judgment; or It may be enforced by:
 Immediate payment on demand;
Being vague, the court renders what is  Satisfaction by levy; or
believed to be a wrong interpretation of the  Garnishment of debts and credits



In executing a judgment for money, the refers to corporeal refers to money,

sheriff shall demand from the judgment property in the stocks, credits and
obligor the full amount in cash or certified possession of the other incorporeal
check payable to the judgment debtor. judgment debtor property which are
not in possession of
If the judgment debtor has no cash or check, the judgment debtor.
the officer shall levy upon his properties but
the judgment debtor has the option to choose 3.S.3.D. Execution of judgment for
which property shall be levied upon. specific acts (Sec. 10, Rule 39)

If the option is not exercised, the officer shall Specific Acts are:
first levy on the personal properties and then  Conveyance, delivery of deeds, or other
other properties if the personal properties are specific acts vesting title.
not sufficient [(Sec 9 (b), Rule 39)].  Sale of real or personal property.
 Delivery or restitution of real property.
The officer may also levy upon bank deposits  Removal of improvements on property
of the debtor, royalties, commissions, or his subject of execution; and
credits and others not capable of manual  Delivery of personal property.
delivery by serving notice upon the person in
possession of the same. This is called Specific Acts Effect in case of Manner of
garnishment [(Sec.9 (c), Rule 39)]. refusal of Execution
judgment debtor
Conveyance May direct the Court can
Requisites of payment on demand: act to be done at appoint some
the cost of the other person at
1. Demand by the sheriff. disobedient the expense of
party. the disobedient
2. Payable to the judgment obligee. party and the act
3. Cash, check, or any payment acceptable done shall have
to the judgment obliges. the same effect
as if the required
party performed
If the judgment obligee or his authorized it.
representative is not present to receive Sale of Real or Sell such
payment, the judgment obligor shall deliver Personal propery property and
the aforesaid payment to the executing sheriff apply the
proceeds in
who shall turn over it on the same day to the
conformity with
clerk of court, or if the same is not practicable, the judgment
deposit said amount to a fiduciary account. delivery or officer shall If no demolition
restitution of real demand the is involved and
In no case shall the executing sheriff demand properties losing party to the party refuses
peaceably vacate to deliver, a writ
that any payment by check be made payable the property of execution
to him. within 3 working directing the
days, and restore sheriff to cause
Levy - Levy is the act by which an officer sets possession to the the defendant to
judgment oblige; vacate is in the
apart or appropriates a part of the whole of otherwise the nature of a
the property of the judgment debtor for officer shall oust habere facias
purposes of the execution sale. such disobedient possesionem and
party. authorizes the
sheriff to break
Garnishment - Garnishment is the act of open the
appropriation by the court when the property premises where
of the debtor is in the hands of third persons. there is no
occupant therein
(not contempt).
Garnishment vs Attachment
If demolition is
Attachment Garnishment involved, there
must be a special


order. Remedies Available to a third-party
Removal of the officer shall Obligge must file Claimant in levy of real property
improvements not destroy, a motion and
demolish or upon special
remove order of the 1. Summary hearing before the court which
improvements court, the officer authorized the execution;
except upon may destroy, 2. Terceria or third party claim filed with the
special order of demolish or
the court. remove the sheriff;
improvements. 3. Action for damages on the bond posted
delivery of officer shall take The officer shall by judgment creditors; or
personal possession of the take possession 4. Independent reinvindicatory action. (Sec.
property same and and deliver to
16, Rule 39)
forthwith deliver the party entitled
it to the party thereto
entitled to satisfy The remedies are cumulative and may be
any judgment for availed independently of or separately from
money as therein
the others.

The officer shall not be liable for damages for

General Rule
the taking or keeping of the property, to any
third-party claimant if such bond is filed.
Refusal by the judgment debtor to comply
Nothing herein contained shall prevent such
with judgment of the court is not a ground to
claimant or any third person from vindicating
be cited in contempt of court.
his claim to the property in a separate action,
or prevent the judgment obligee from claiming
damages in the same or a separate action
against a third-party claimant who filed a
1. Refusal to perform a particular act or
frivolous or plainly spurious claim.
special judgments under Sec. 11
2. In case of the provisional remedy of
3.S.4. Properties exempt from
support pendente lite under Rule 61 even
execution (Sec. 13, Rule 39)
if the decision is not a special judgment
and requires the latter to pay money.
a) The judgment obligor's family home as
provided by law, or the homestead in
which he resides, and land necessarily
3.S.3.E. Execution of Special Judgments
used in connection therewith.
b) Ordinary tools and implements personally
Special Judgment is one that can be complied
used by him in hs trade, employment, or
with only by the judgment obligor himself.
c) Three horses, or three cows, or three
When judgment requires the performance of
carabaos, or other beasts of burden such
any act other than for money and delivery of
as the judgment obligor may select
property, the writ of execution shall be served
necessarily used by him in his ordinary
upon the party required to obey the same and
such party may be punished for contempt by
d) His necessary clothing and articles for
imprisonment, if he disobeys. (Sec. 11, Rule 39)
ordinary personal use, excluding jewelry.
e) Household furniture and utensils
3.S.3.F. Effect of Levy on Third Persons
necessary for housekeeping, and used for
that purpose by the judgment obligor and
Levy creates a lien in favor of the judgment
his family, such as the judgment obligor
obligee over the right, title and interest of the
may select, of a value not exceeding one
judgment obligor in such property at the time
hundred thousand pesos.
of the levy, subject to liens and encumbrances
f) Provisions for individual or family use
then existing
sufficient for four months.



g) The professional libraries and equipment 3. Makes an affidavit of his title thereto or
of judges, lawyers, physicians, right to the possession thereof stating the
pharmacists, dentists, engineers, grounds of such right or title; and
surveyors, clergymen, teachers, and other 4. Serves the same upon the officer making
professionals, not exceeding three the levy and the judgment oblige
hundred thousand pesos in value.
h) One fishing boat and accessories not When the writ of execution is issued in favor
exceeding the total value of one hundred of the Republic of the Philippines, or any
thousand pesos owned by a fisherman officer duly representing it, the filing of such
and by the lawful use of which he earns bond shall not be required, and in case the
his livelihood. sheriff or levying officer is sued for damages
i) So much of the salaries, wages, or as a result of the levy, he shall be represented
earnings of the judgment obligor of his by the Solicitor General and if held liable
personal services within the four months therefor, the actual damages adjudged by the
preceding the levy as are necessary for court shall be paid by the National Treasurer
the support of his family; out of such funds as may be appropriated for
j) Lettered gravestones. the purpose.
k) Monies benefits, privileges, or annuities
accruing or in any manner growing out of 3.S.5.A. In Relation to Third Party Claim
any life insurance. in Attachment and Replevin
l) The right to receive legal support, or
money or property obtained as such Certain remedies available to a third person
support, or any pension or gratuity from not party to the action but whose property is
the Government. the subject of execution:
m) Properties specially exempt by law.
Terceria – By making an affidavit of his title
But no article or species of property thereto or his right to possession thereof,
mentioned in his section shall be exempt stating the grounds of such right or title. The
from executio issued upon a judgment affidavit must be served upon the sheriff and
recovered for its price or upon a judgment the attaching party (Sec. 14, Rule 57). Upon
of foreclosure of a mortgage thereon. service of the affidavit upon him, the sheriff
shall not be bound to keep the property under
 The above Rule clearly enumerates what attachment except if the attaching party files a
properties are exempt from execution. X x bond approved by the court. the sheriff shall
x exemptions under this rule are confined not be liable for damages for the taking or
only to natural persons and not to juridical keeping of the property, if such bond shall be
entities such as petitioner. (D‘ Armoured filed.
Security and Investigation Agency, Inc. vs.
Orpia, G.R. No. 151325. June 27, 2005) Exclusion or release of property – Upon
application of the third person through a
3.S.5. Proceedings where property is motion to set aside the levy on attachment,
claimed by third persons the court shall order a summary hearing for
the purpose of determining whether the
At any time, third party claim may be filed so sheriff has acted rightly or wrongly in the
long as the sheriff has the possession of the performance of his duties in the execution of
property levied upon, or before the property is the writ of attachment. The court may order
sold under execution provided: the sheriff to release the property from the
erroneous levy and to return the same to the
1. The property is levied; third person. In resolving the application, the
2. The claimant is a person other than the court cannot pass upon the question of title to
judgment obligor or his agent; the property with any character of finality but
only insofar as may be necessary to decide if
the sheriff has acted correctly or not (Ching vs.
CA, 423 SCRA 356).



Sale of Property
Intervention – This is possible because no
judgment has yet been rendered and under Requisites:
the rules, a motion for intervention may be 1) At a public auction.
filed any time before the rendition of the 2) To the highest bidder.
judgment by the trial court (Sec. 2, Rule 19). 3) Starting at the exact time fixed in the
Accion Reinvindicatoria – The third party 4) In the province where the land is situated.
claimant is not precluded by Sec. 14, Rule 57 5) Only so much of the property that will
from vindicating his claim to the property in satisfy the judgment.
the same or in a separate action. He may file 6) Excess to be delivered to the judgment
a separate action to nullify the levy with obligor, unless otherwise directed by the
damages resulting from the unlawful levy and court.
seizure. This action may be a totally distinct
action from the former case. Persons disqualified to participate in the
Where the property is claimed by a third
person (Sec. 16, Rule 39)  Officer conducting the sale and his
The officer shall not be bound to keep the  Judge who issued the writ of execution;
property, UNLESS such judgment obligee, on and
demand of the officer, files a bond approved  Those prohibited by Article 1491 of the
by the court to indemnify the third-party Civil Code.
claimant in a sum not less than the value of  Guardian, with regard to the property of
the property levied on. the ward
 Agents, as to properties entrusted to
The claim for damages against the bond must them.
be made within 120 days from the filing of the  Executors and Administrators, as to
bond; otherwise it is barred. properties of the estate.
 Public officers and employees who have
Remedies of a third party claimant been entrusted with the administration of
the property of the State.
a) Summary hearing before the court which  Justices, judges, prosecutors, clerks of
authorized the execution; courts and employees connected with the
b) A ―terceria‖ or third party claim filed with administration of justice, when the
the Sheriff; property is in litigation or levied upon an
c) An action for damages on the bond posted execution before the court within whose
by the judgment creditor; jurisdiction they exercise their function
d) An independent reinvindicatory action. including lawyers involved in the litigation;
Notes:  Others specially disqualified by law.
These remedies are cumulative and may be
resorted to by the 3rd party claimant Refusal of Purchaser to Pay
independently from and without need of
availment of the others. If a purchaser refuses to pay the amount bid
by him for property struck off to him at a sale
If the winning party files a bond, it is only under execution, the officer may AGAIN sell
then that the Sheriff can take the property in the property to the highest bidder and shall
his possession. not be responsible for any loss occasioned



The court may order the refusing purchaser to debtor until the expiration of his period of
pay into the court the amount of such loss, redemption (Sec. 32, Rule 39)
with costs, and may punish him for contempt
if he disobeys the order. (Sec. 20, Rule 39) Judgment Obligor vs Redemptioner

Judgment Obligee as Purchaser Judgment Obligor Redemptioner

One against whom One who has a lien
When the purchaser is the judgment obligee, the judgment is by by virtue of an
he need not pay the amount of the bid if it executed. attachment
does not exceed the amount of his judgment. judgment, judgment,
If it does, he shall pay only the excess except or mortgage on the
when third-party claim has been filed. (Sec. 21, property sold,
Rule 39) SUBSEQUENT to the
lien under which the
In relation to third party claim in property was sold
attachment and replevin May redeem within 1 May redeem:
year from the date of Within 1 year from
Certain remedies available to a third person registration of the the date of
not party to the action but whose property is certificate of sale registration of the
the subject of execution: certificate of sale if he
is the first
3.S.6 Rules on redemption redemptioner, or

Redemption is inconsistent with the claim of Within 60 days from

invalidity of the sale. Redemption is an the last redemption, if
implied admission of the regularity of the sale he be a subsequent
and would estop the respondents from later redemptioner,
impugning its validity on that ground. Thus, provided that the
the private respondents‘ pleas for extensions judgment debtor has
of time to redeem the subject property are of not exercised his right
the same genre. (Perez vs. CA, Supra) of redemption.
Once he redeems, no Further redemption is
Redemptioner – a creditor with a lien further redemption is allowed, even after
subsequent to the lien under which the allowed. lapse of 1 year, as
property was sold. long as each
Right of Redemption: If the property sold is redemption is made
real property. within 60 days after
the last.
Who May Redeem
An action to annul the foreclosure sale does
Only the following may redeem: not suspend the period of redemption.

1) Judgment obligor or his successor-in- Notes:

Interest within 1 year from the date of
registration of the Certificate of Sale; or Certificate of Sale
2) Redemptioner, within of 1 year from the
date of registration of the Certificate of  If the Certificate of Sale is not registered,
Sale or within 60 days from the last the period of redemption does not run,
redemption by another redemptioner. except where the parties agreed on the
(Sec. 27, Rule 39) date of redemption. In such a case, the
statutory period for legal redemption is
The purchaser is not entitled to the rents, converted into one of conventional
fruits or income of the property pending the
redemption and shall belong to the judgment



redemption and the period is binding on

them. Proof of Redemption
 The Certificate of Sale of real property is  If redemption is by redemptioner, proof is
merely a memorial title of the fact of sale necessary and he must show to the
and does not confer any right to the person or officer whom he seeks to
possession, much less the ownership, of redeem:
the real property purchased.  A certified copy of the judgment or final
 Certificate of Sale in case of personal order if he redeems upon a final order or
property is optional. judgment.
 It is the Deed of Sale executed by the  A certified memorandum of the records
Sheriff at the expiration of the period of thereof if he redeems upon a mortgage or
redemption which constitutes effective other lien.
conveyance of the property sold.  An original or certified copy of the
 If the lien of the creditor is prior to the assignment if he redeems upon
judgment under which the property was assignment.
sold, he is not a redemptioner.  In all cases, he must present an affidavit
 The right of redemption is transferable executed by him or his agent showing the
and may be sold voluntarily, but said right amount due on the lien.
cannot be levied upon by the judgment  There is no need of proof if redemption is
creditor. by judgment debtor.
 Failure of redemptioner to show proof is a
Rights of the judgment obligor ground for refusal to allow redemption.

 Remain in possession of the property Deed of conveyance

(cannot be ejected).  The Deed of Conveyance transfers to the
 Collect rent and profits. purchaser whatever rights the judgment
 Make necessary repairs. debtor had in the property.
 Failure to give notice on assessment,  The purchaser is entitled to a conveyance
taxes or liens will result in the redemption and possession of the property if there is
of property without the need to pay for no redemption.
taxes, assessment.  The purchaser is substituted to and
 The period of redemption is not acquires all the rights, title, interest and
suspended by an action to annul the claims of the judgment obligor to the
foreclosure sale. property at the time of levy.
 The court may award an additional period  The purchaser acquires no better right
to redeem under special circumstances. than what the judgment debtor has in the
 Redemption can be made in other forms property levied upon
than cash. The rule is liberality in allowing  If the judgment debtor or his successor-
redemption. in-interest are in possession of the
property levied upon, the court has
Offer to Redeem jurisdiction to issue writ of possession to
the purchasers but not when third persons
 Redemption cannot be effected by an are involved.
offer to redeem.
 The offer to redeem must be accompanied In such a case, the procedure is:
with a bona fide tender or delivery of the
redemption price.  For the court to order a hearing; and
 A formal offer with tender is not necessary  For the court to determine the nature of
where the right to redeem is exercised such adverse possession.
through the filing of a complaint to
redeem in courts within the period to



The purchaser can recover the purchase price for his family‘s needs, it may order payment in
from the judgment creditor in the following installments.
 When the purchaser fails to recover Section 41: The court may appoint a receiver
possession of property. for the property of the judgment debtor not
 If the purchaser is evicted due to: exempt from execution or forbid a transfer or
 Irregularities in the proceedings disposition or interference with such property.
concerning the sale;
 Reversal or setting aside of judgment; Section 42: If the court finds that the
 Fact that the property was exempted from judgment debtor has an ascertainable interest
execution; and in real property either as a mortgagor,
 Third person has vindicated his claim to mortgagee, or otherwise, and his interest can
the property be ascertained without controversy, the court
may order the sale of such interest.
Successive Redemption
Section 43: If the person alleged to have the
 Property redeemed may again be property of the judgment debtor or be
redeemed within 60 days after indebted to him, claims an adverse interest in
redemption, with 2% added thereon, plus the property or denies the debt, the court may
assessments/taxes paid by last authorize the judgment creditor to institute an
redemptioner. action to recover the property, forbid its
 Written notice of redemption must be transfer and may punish disobedience for
given to the officer who has made the contempt.
sale, the duplicate filed with the Registry
of Deeds of the place, if redemptioner Claims against surety
paid any assessments/taxes. A case may be filed against the surety
 Notice shall also be made in like manner provided the principal is informed about it.
to the officer and filed with the Registry.
If there is no notice of said taxes, property
may be redeemed without paying such
taxes. 3.S.7. Examination of judgment obligor
when judgment is unsatisfied
Remedies of judgment creditor in aid of
execution When the return of a writ of execution issued
against property of a judgment obligor, or any
Section 36: If the execution is returned one of several obligors in the same judgment,
unsatisfied, he may cause examination of the shows that the judgment remains unsatisfied,
judgment debtor as to his property and in whole or in part, the judgment obligee, at
income any time after such return is made, shall be
entitled to an order from the court which
Section 37: He may cause examination of rendered the said judgment, requiring such
the debtor of the judgment debtor as to any judgment obligor to appear and be examined
debt owned by him or to any property of the concerning his property and income before
judgment debtor in his possession such court or before a commissioner
appointed by it, at a specified time and place;
Section 37: If after examination, the court and proceedings may thereupon be had for
finds that there is property of the judgment the application of the property and income of
debtor either in his own hands or that of any the judgment obligor towards the satisfaction
person, the court may order the property of the judgment. But no judgment obligor
applied to the satisfaction of judgment. shall be so required to appear before a court
or commissioner outside the province or city in
Section 40: If the court finds the earnings of which such obligor resides or is found.
the judgment debtor are more than sufficient



3.S.8. Examination of obligor of submitted by the parties at the trial of the

judgment obligor case.
 It must have been rendered by a court
When the return of a writ of execution against having jurisdiction over the subject matter
the property of a judgment obligor shows that and the parties; and
the judgment remains unsatisfied, in whole or  There must be between the first and
in part, and upon proof to the satisfaction of second actions, identity of parties, of
the court which issued the writ, that person, subject matter and of cause of action.
corporation, or other juridical entity has This requisite is satisfied if two actions are
property of such judgment obligor or is substantially between the same parties.
indebted to him, the court may, by an order, (Perez vs. CA, G.R. No. 157616. July 22,
require such person, corporation, or other 2005)
juridical entity, or any officer or member
thereof, to appear before the court or a  A judgment or order is on the merits of
commissioner appointed by it, at a time and the case when it determines the rights
place within the province or city where such and liabilities of the parties based on the
debtor resides or is found, and be examined ultimate facts as disclosed by the
concerning the same. The service of the order pleadings or issues presented for trial. It
shall bind all credits due the judgment obligor is not necessary that a trial, actual hearing
and all money and property of the judgment or argument on the facts of the case
obligor in the possession or in control of such ensued. For as long as the parties had
person, corporation, or juridical entity from the full legal opportunity to be heard on
the time of service; and the court may also their respective claims and contentions,
require notice of such proceedings to be given the judgment or order is on the merits. An
to any party to the action in such manner as it order of the trial court on the ground that
may deem proper. the complaint does not state a cause of
action is a determination of the case on its
3.S.9. Effect of judgment or final orders merits. Such order whether right or wrong
bars another action based upon the same
Rule on Res Judicata in Judgment in rem cause of action. The operation of the
(Sec. 47[a], Rule 39) order as res judicata is not affected by a
mere right of appeal where the appeal has
In res judicata, the parties and the causes of not been taken or by an appeal which
action in both suits are identical or never has been perfected. (Ibid)
substantially the same. The judgment in the
first action is conclusive as to every matter  Absolute identity of parties is not a
offered and received therein and as to any condition sine qua non for the application
other matter admissible therein and which of res judicata. It is sufficient that there is
might have been offered for that purpose. a shared identity of interest. Even if new
Hence, it is an absolute bar to subsequent parties are found in the second action, res
action for the same cause. judicata still applies if the party against
whom the judgment is offered in evidence
Rule on Res Judicata in Judgments in was a party in the first action; otherwise,
personam (Sec. 47 [b], Rule 39) a case can always be renewed by the
mere expedience of joining new parties in
Requisites of Res Judicata: the new suit.

 The former judgment or order must be  The ultimate test to ascertain identity of
final. causes of action is whether or not the
 It must be a judgment or order on the same evidence fully supports and
merits, that is, it was rendered after a establishes both the first and second
consideration of evidence or stipulations cases. The application of the doctrine of



res judicata cannot be excused by merely the second suit was involved and decided in
varying the form of the action or engaging the first. And in determining whether a given
a different method of presenting the question was an issue in the prior action, it is
issue. (ibid) proper to look behind the judgment to
ascertain whether the evidence necessary to
Rule of Auter Action Pendent (Sec. 47[c], sustain a judgment in the second action would
Rule 39) have authorized a judgment for the same
party in the first action. (Ibid)
Also known as Conclusiveness of Judgment, it
has the effect of preclusion only as to issues. Note: Void judgment cannot be invoked as
res judicata but avoidable one can.
The concept of conclusiveness of judgment
under the principle of res judicata means that Res Judicata
Conclusiveness of
where between the first case where in Judgment
judgment is involved, there is identity of There is identity of Only identity of parties and
parties, but there is no identity of cause of parties, subject subject matter.
matter and cause of
action, the judgment is conclusive in the
second case, only as to those matters merely
The first judgment The first judgment is
involved therein. (DOLE Philippines, Inc. vs. is an ABSOLUTE conclusive only as to
Esteva,, G.R. 161115, November 30, 2006). BAR to all matters matter directly adjudged
directly adjudges and actually litigated in the
The parties in both action may be the same and those that first action, the second
but the causes of action are different. Hence, might have been action can be prosecuted.
the judgment in the first is binding only with adjudged.
respect to the matters actually raised and
adjudged therein and is not a bar to another 3.S.10 Effect of foreign judgments or
action between the same parties but on a final orders
different cause of action. (Viray vs. Marinas, et.
al.,49 SCRA 44) Philippine Rule on Recognition and
Enforcement of Foreign Judgment
Collateral estoppel or estoppel by verdict.
This applies where, between the first case 1) It is based on Comity
wherein judgment is rendered and the second 2) As vested right
case wherein such judgment is involved, there 3) As an obligation. The judgment of a court
is no identity of causes of action. It has been of competent jurisdiction over the
held that in order that a judgment in one defendant imposes a duty or obligation on
action can be conclusive as to a particular him to pay the same for which judgment
matter in another action between the same is given, which the courts in the country
parties or their privies, it is essential that the are bound to enforce.
issues be identical. If a particular point or 4) On the doctrine of res judicata (SCRA
question is in issue in the second action, and Annotation on Enforcement and Recognition of
the judgment will depend on the Foreign Judgments by Jorge R. Caquia)
determination of that particular point or
question, a former judgment between the Provided that the foreign tribunal had
same parties will be final and conclusive in the jurisdiction:
second if that same point or question was in
issue and adjudicated in the first suit; but the  In case of judgment against a specific
adjudication of an issue in the first case is not thing, the judgment is conclusive upon the
conclusive of an entirely different and distinct title of the thing.
issue arising in the second. In order that this  In case of a judgment against person, the
rule may be applied, it must clearly and judgment is presumptive evidence of a
positively appear, either from the record itself right as between the parties and their
or by the aid of competent extrinsic evidence successors-in-interest by a subsequent
that the precise point or question in issue in title



domestic public policy and other mandatory

In both instances, the judgment may be laws. A petition to recognize a foreign
repelled by evidence of want of jurisdiction judgment declaring a marriage void does not
require relitigation under a Philippine court of
Enforcement and effect of foreign the case as if it were a new petition for
judgments or final orders declaration of nullity of marriage. Philippine
courts cannot presume to know the foreign
In case of a judgment or final order upon a laws under which the foreign judgment was
specific thing, the judgment or final order is rendered. They cannot substitute their
conclusive upon the title to the thing; and judgment on the status, condition and legal
capacity of the foreign citizen who is under
In case of a judgment or final order against a the jurisdiction of another state. Thus,
person, the judgment or final order is Philippine courts can only recognize the
presumptive evidence of a right as between foreign judgment as a fact according to the
the parties and their successors in interest by rules of evidence.
a subsequent title. In either case, the
judgment or final order may be repelled by Section 48(b), Rule 39 that a foreign
evidence of a want of jurisdiction, want of judgment or final order against a person
notice to the party, collusion, fraud, or clear creates a "presumptive evidence of a right as
mistake of law or fact. between the parties and their successors in
interest by a subsequent title." Moreover,
A foreign judgment on the mere strength of Section 48 of the Rules of Court states that
its promulgation is not yet conclusive, as it can "the judgment or final order may be repelled
be annulled on the grounds of want of by evidence of a want of jurisdiction, want of
jurisdiction, want of notice to the party, notice to the party, collusion, fraud, or clear
collusion, fraud, or clear mistake of law or mistake of law or fact." X x x Courts are not
fact. It is likewise recognized in Philippine allowed to delve into the merits of a foreign
jurisprudence and international law that a judgment
foreign judgment may be barred from Regional Trial Court can recognize the foreign
recognition if it runs counter to public policy judgment in a proceeding for cancellation or
(Republic vs. Gingoyon, GR 166429, June 27, 2006) correction of entries in the Civil Registry under
Rule 108 of the Rules of Court, since the
The case of Fujiki vs. Marinay (G.R. No. 196049, recognition of a foreign judgment only
June 26, 2013) requires proof of fact of the judgment. X x x
The Rule on Declaration of Absolute Nullity of
Void Marriages and Annulment of Voidable
Marriages (A.M. No. 02-11-10-SC) does not 4. PROVISIONAL
apply in a petition to recognize a foreign REMEDIES
judgment relating to the status of a marriage
where one of the parties is a citizen of a 4.A. GENERAL MATTERS
foreign country.
4.A.1 Nature of Provisional Remedies
For Philippine courts to recognize a foreign
judgment relating to the status of a marriage TEMPORARY, AUXILIARY, and ANCILLARY
where one of the parties is a citizen of a remedies available to a litigant for the
foreign country, the petitioner only needs to protection and preservation of his rights while
prove the foreign judgment as a fact under the main action is pending, for the purposes
the Rules of Court. x x x However, the effect of the ultimate effects of a final judgment in
of a foreign judgment is not automatic. To the case (Regalado, F. Remedial Law Compendium
extend the effect of a foreign judgment in the Vol. 8th ad., p. 616).
Philippines, Philippine courts must determine if
the foreign judgment is consistent with



Provisional because it constitutes a temporary Provisional Remedies: provided for in

measure availed of during the pendency of the Rules of Court
action. (Buyco vs.Baraquia GR 177486 Dec,
21, 2009)
Ancillary because it is subordinate to, mere REMEDIES
incident in and is dependent upon the result of Preliminary at commencement of action
the main action. Attachment or at any time but before
(Rule 57) entry of final judgment
Auxiliary because it gives support which
Preliminary any stage of the action but
supplement the main action. Injunction before entry of final
(Rule 58) judgment
Provisional remedies are NOT causes of action
in themselves but merely adjuncts to a main - any stage of the action or
suit (Estares vs CA, GR No. 144757, June 8, 2005) Receivership
proceeding and even after
(Rule 59)
final judgment therein.
Purpose of Provisional Remedies:
Replevin before the defendant files
 To preserve or protect their rights or (Rule 60) his answer.
interests while the main action is pending any stage of the action and
 To secure the judgment Support Pendente even for the first time on
 To preserve the status quo Lite appeal BUT before the final
 To preserve the subject matter of the (Rule 61) judgment in said case on
action. appeal.

4.A.2 Jurisdiction over Provisional 4.B. PRELIMINARY ATTACHMENT

The court which has jurisdiction over the main
action. Even an inferior court may grant a Preliminary attachment is a provisional remedy
provisional remedy in an action pending with it issued upon order of the court where an
and within its jurisdiction. (Sec. 33[1] BP 129) action is pending to be levied upon the
property of the defendant so the property may
Note: be held by the sheriff as security for the
satisfaction of whatever judgment may be
 As long as the main action is within their rendered in the case (Davao Light and Power,
jurisdiction, all inferior courts can grant all Inc. vs. CA, 204 SCRA 343)
appropriate provisional remedies. (Section
33{1}, B.P.129) Since the attachment is a harsh and rigorous
 A provisional remedy is a collateral remedy which exposed the debtor to
proceeding permitted only in connection humiliation and annoyance, the rule
with a regular action, and as one of its authorizing its issuance must be strictly
incidents; one which is provided for construed in favor of defendant(Cosiquien vs.
present need, or for the occasion, that is, CA G.R. L-56073 Aug. 20, 1990)
one adapted for exigency.
Who may avail: (1) plaintiff or (2) any
proper party e.g. defendant who files

When Available (Sec. 1):

(1) At the commencement of the action:
Before summons is issued by the court OR
served on the defendant, the application may
be incorporated in a verified complaint



alleging all the grounds relied upon and

complying with all the requisites for the grant a. A sufficient cause of action exists;
of application. If granted, it will result in an ex b. The case is one of those enumerated
parte issuance of the writ of preliminary under Sec. 1,
attachment (Riano, Civil Procedure Book 2, p. 15) c. There is no sufficient security for the
claim sought to be enforced by the
(2) At any time before entry (finality) of the action;
judgment: Since at this stage, the defendant d. The amount due to the applicant, or
has already been summoned to the action, the the value of the property the
application for the issuance of an order of possession of which he is entitled to
attachment would entail notice to the recover, is as much as the sum for
defendant. which the order is granted above all
legal counterclaims.
Stages in the grant of a writ of
preliminary attachment: Attachment Bond: The party applying
gives a bond executed to the adverse
1. A Court ORDER order granting the party in an amount fixed by the court, not
application. exceeding the applicant‘s claim,
2. Issuance of WRIT pursuant to the order conditioned for the payment of costs, and
3.IMPLEMENTATION of writ. damages which may be awarded to the
adverse party, if the court decides that the
Note: For the initial two stages, it is not necessary applicant is not entitled to the attachment
that jurisdiction over the person of the defendant (Sec.4)
be first obtained. However, once the
IMPLEMENTATION of the writ commences, the  The affidavit and the bond must be duly
court must have acquired jurisdiction over the
FILED with the court before the writ of
defendant for without such jurisdiction, the court
attachment can be issued.
has no power and authority to act in any manner
against the defendant.. (Cuartero.vs.Court of Appeals
G.R. No. 102448, August 5, 1992) Purpose of Preliminary attachment:

Hence, when the sheriff commences  To seize the property of the debtor in
IMPLEMENTATION of the writ of attachment, it is advance of final judgment and to hold it
essential that he serve on the defendant NOT ONLY
for purposes of satisfying said judgment.
a copy of the applicant‘s affidavit and attachment
 To enable the court to acquire jurisdiction
bond, and of the order of attachment, but also the
SUMMONS addressed to said defendant as well as over the action by actual or constructive
a copy of the complaint. (Davao Light and Power, Inc. seizure of the property in those instances
vs. CA, 204 SCRA 343) where personal or substituted service of
summons on the defendant cannot be
Requisites for a preliminary attachment effected, as in par. (f) of Sec. 1 (PCIB vs
to issue Alejandro GR 175587 Sept. 21, 2007)

1. Issuance of ORDER of Prel. Attachment: Kinds of Attachment

The applicant must file a motion whether
ex parte or upon motion with notice and 1.Preliminary Attachment
hearing by the court in which the action is Issued at the commencement of the action or at
pending, or by the Court of Appeals or the any time before entry of judgment as security for
the satisfaction of any judgment thaty may be
Supreme Court.
received. Here, the court takes custody of the
property of the pary against whom the attachment
2. AFFIDAVIT: It is made to appear in the is directed.
Affidavit of the applicant or some other
person who personally knows the facts
that (Sec. 3):



2. Garnishment removed, or disposed of to prevent, its

The attaching party seeks to subject to his claim being found or taken by the applicant or an
either the property of the adverse party, in the authorized person.
hands of a 3rd person (garnishee), or the money
which said 3rd person owes the adverse party. It
Note: The circumstances of the defendant do
does not involve actual seizure of the property
NOT matter as long as the acts mentioned have
which remains in the hands of garnishee. It is a
been performed. (Riano, Civil Procedure Book 2,
manner of attaching property pursuant to a writ of
p. 22).
execution (Rule 39, Sec. 9c) or a writ of attachment
(Rule 57 Sec.5)
4. In an action against a party who has been
E.g. deposits of defendant in a bank, wages of guilty of a fraud in contracting the debt or
defendant held by employer incurring the obligation upon which action
is brought, or in the performance thereof.
3. Levy upon execution to satisfy a final
judgment. Process employed AFTER the judgment 5. In an action against a party who has
has become executor by which the property of the removed or disposed of his property, or is
judgment obligor is set aside and taken into about to so, with intent to defraud his
custody of the court before the sale of the property creditors.
on execution for the satisfaction of final judgment.
The sheriff appropriates the judgment debtor‘s
6. In an action against a party who does not
property pursuant to the writ of execution as
prelimnary step to the sale of execution of the
reside and is not found in the Philippines,
property. (Riano, Civil Procedure Book 2, p. 18) or on whom summons may be served by
publication (Section 1, Rule 57)

4.B.1. Grounds for Issuance of Writ of Note: (1) Resident defendant BUT identity or
whereabouts are unknown - summons by
publication in ANY (in rem, quasi in rem or in
personam) action againt him (Sec. 14 Rule 14).
1. In an action for the recovery of a specified (2) Resident but temporarily out - summons by
amount of money or damages, other than publication in ANY action (Sec. 16 Rule 14 in rel. to
moral and exemplary, on a cause of action Sec. 15 Rule 14) OR substituted service in an
arising from law, contract, quasi-contract, action in personam without the need of
delict, or quasi-delict against a party who is attaching the property. (Sec. 7 Rule 14)
about to depart from the Philippines with (3) Non-resident and not found in Phil involving
intent to defraud his creditors. action in personam - personal, substituted, and
summons by publication cannot be effected, the
remedy of plaintiff is to CONVERT the action
2. In an action for money or property into a proceeding in rem or quasi in rem by
embezzled or fraudulently misapplied or attaching the property of the defendant. The
converted to his own use by a public service of summons is no longer for the purpose
officer, or an officer of a corporation, or an of acquiring jursidction over the person of the
attorney, factor, broker, or clerk, in the defendant but for compliance with the
course of his employment as such, or by requirements of due process. (Riano, Civil
any person in a fiduciary capacity, or for a Procedure Book 2, p. 26-27)
willful violation of a duty.
4.B.2. Requisites
Note: No need for a showing that the
defendant is concealing or disposing of his 1. The applicant must file a motion whether ex
property. It is the CHARACTER of the office or parte or upon motion with notice and
the duty of defendant that is to be considered hearing by the court in which the action is
(Riano, Civil Procedure Book 2, p. 21). pending, or by the Court of Appeals or the
Supreme Court.
3. In an action to recover possession of 2. It is made to appear in the Affidavit of the
property unjustly or fraudulently taken, applicant or some other person who
detained, or converted, when the property, personally knows the facts that:
or any part thereof, has been concealed,



A sufficient cause of action exists; a) A sufficient cause of action exists.

b) The case is one of those enumerated
a. The case is one of those enumerated under Section 1, Rule 57.
under Section 1, Rule 57 c) There is no sufficient security for the claim
b. There is no sufficient security for the sought to be enforced by the action.
claim sought to be enforced by the d) The amount due to the applicant, or the
action; value of the property the possession of
c. The amount due to the applicant, or the which he is entitled to recover, is as much
value of the property the possession of as the sum for which the order is granted
which he is entitled to recover, is as above all legal counterclaims.
much as the sum for which the order is
granted above all legal counterclaims. Affidavit and bond must be duly filed with the
court before the order of attachment is issued.
3. The party applying gives a bond executed to
the adverse party in an amount fixed by the Stages in the grant of a writ of
court, not exceeding the applicant‘s claim, preliminary attachment:
conditioned for the payment of costs, and
damages which may be awarded to the 1. The Court issues the order granting the
adverse party, if the court decides that the application.
applicant is not entitled to the attachment. 2. The writ of attachment is issued pursuant
4. The affidavit and the bond must be duly filed to the order granting the writ.
with the court before the writ of attachment 3. The writ is implemented.
can be issued.
Note: For the initial two stages, it is not
Issuance and contents of order of necessary that jurisdiction over the person of
attachment; Affidavit and bond (sec. 2, the defendant be first obtained. However,
rule 57) once the implementation of the writ
commences, the court must have acquired
Affidavit and Bond (SEC 3, RULE 57) jurisdiction over the defendant for without
such jurisdiction, the court has no power and
 Issued either EX PARTE or upon motion authority to act in any manner against the
with notice and hearing by the court in defendant. Any order issuing from the Court
which the action is pending. will not bind the defendant. (Mangila v. Court of
 When issued ex parte, the writ may not be Appeals G.R. No. 125027, August 12, 2002)
enforced and may validly implemented,
unless preceded by a service of summons  The deposit or bond required of the
upon the defendant, or simultaneously attaching party shall be in the amount
accompanied by service of summons, a fixed by the court in the order of
copy of the complaint, the application for attachment, or equal to the value of the
attachment, the order of attachment bond property to be attached.
and the attachment bond.
 The affidavit must contain all the Order may be issued either EX PARTE or upon
allegations required, failure to do so MOTION with notice and hearing by the court
renders the writ fatally defective as the in which the action is pending, and may even
judge issuing it acts in excess of be issued on appeal by the CA or SC. (SEC. 2)
jurisdiction. When the case is on appeal, the judgment is
not yet final and executory and this means
Affidavit & bond requirement: that there is yet no entry of the judgment.

The affidavit must allege the following: When issued EX PARTE and even before
summons is served upon defendant, the writ



may not be enforced and may validly Attachment Bond/Applicant‟s Bond (Sec.
implemented, unless PRECEEDED or 4):
service of summons, (2) a copy of the The party applying gives a bond executed to
complaint, (3) the application for attachment, the adverse party in an amount fixed by the
(4) affidavit and bond (5) order and writ of court, not exceeding the applicant‘s claim,
attachment (Sec.5) conditioned for the payment of costs, and
damages which may be awarded to the
Note: An order and writ of attachment may be adverse party, if the court decides that the
grandted ex parte because it is possible that during applicant is not entitled to the attachment
the course of hearing, the party against whom the (Sec.4)
writ is sought may dispose of his property or
abscond before the writ is issued. It has been held
Note: Damages sustained by reason of the
that nothing in the Rules of Court makes notice and
attachment, not be reason of some other
hearing indispendable and mandatory requisite for
the isuuance of a writ of attachment (Filinvest
Credit vs. Relova, 117 SCRA 420, 428 )
4.B.4. Rule on Prior or Contemporaneous
(1) FILING of requisite (a) AFFIDAVIT and (b) Service of Summons: (Sec. 5, rule 57)
General Rule: Sheriff is not allowed to make
a. Affidavit (Sec. 3). May be executed
a levy on attachment unless if such levy is
either by the applicant or of some other
perons who personally knows the facts. It ACCOMPANIED by the service on the
must contain the ff: defendant within the Philippines of the ff:

i. A sufficient cause of action exists; 1. Service of summons

ii. The case is one of those enumerated 2. Copy of the complaint
under Sec. 1, 3. Application for attachment
iii. There is no sufficient security for the claim 4. Applicant‘s affidavit and bond; and
sought to be enforced by the action; 5. Order and writ of attachment

Note: Writ will noT be issued if a real Note: The IMPLEMENTATION (3rd Stage) of a
estate mortgage exists to secure the writ of preliminary attachment issued ex parte
obligation even if, instead of filing an cannot bind and affect the defendant until
action for foreclosure, an action for a sum jurisdiction over his person is obtained.
of money was filed (Salgado vs. CA, 128 Therefore, it is required that when the sheriff
SCRA 395) commences implementation of the writ of
attachment, service of the writ and of the
iv. The amount due to the applicant, or the summons should be contemporaneously, if not
value of the property the possession of previously, made.
which he is entitled to recover, is as much
as the sum for which the order is granted Exception: The Rule on prior or
above all legal counterclaims. (Sec. 3) contemporaneous shall NOT apply when:

Note:Affidavit must contain all the 1. Summons could not be served personally
allegations required, failure to do so or by substituted service despite diligent
renders the writ fatally defective as the efforts.
judge issuing it acts in excess of 2. Defendant is a resident of the Philippines
jurisdiction temporarily absent therefrom.
3. Defendant is a non-resident of the
4. Action is one in rem or quasi in rem.



Reason for exceptions: Without these and

excpetions, the party against whom the writ is (c) registered owner or owners
directed would be able to frustrate the ends of thereof.
justice by the simple expedient of
disappearing and intentionally putting himself
Personal By taking and safely keeping it
beyond the reach of court processes. Notice Property capable under custody, after issuing a
that mose of these exception are instances of manual corresponding receipt.
where service of summond by publication may delivery (par. b)
be justified. (Riano, Civil Procedure Vol 2, page Stocks or share, By leaving with the president or
34-35) or an interest managing agent thereof the
therein, of any following:
Belated service of summons cannot be corporation or (a) copy of the writ; and (b)
deemed to have cured the fatal defect in the company: (ar. c) notice stating that the stock or
enforcement of the writ The subsequent interest of the party against
service of summons does not confer a whom the attachment is issued
is attached in pusurance of such
retroactive acquisition of jurisdiction over her
person because the law does not allow for
retroactivity of a belated service. (Torres v. Bank Deposits By leaving with the person
Satsatin G.R. No. 166759 November 25, 2009) and similar (garnishee) owing such debts or
property not having in his possession or
4.B.5. Manner of Attachment of Real or capable of control, such credits or other
Personal Property; When Property manual delivery personal property, or with his
Attached is Claimed by Third Party (GARNISHMENT) agent, the following:
par d
(a) copy of the writ; and
(b) notice that the debts owing
Property Manner of attachment
by him to the party against
Real property, or 1.) By Filing with the Registry of
whom attachment is issued,
growing corps Deeds the ff:
and the credits and other
thereon, or any
personal property in his
interest therein a.) copy of the order of
possession, or under his
(par. a) attachment
control, belonging to said party,
b.) description of the property
are attached in pursuance of
attached and
such writ.
c.) notice that the property
subject of the writ is attached
Effect: The person having
possession or control of the
2.) Next, by leaving a copy of
debts, credits, and similar
such order, description, and
personal property belonging to
notice with the occupant of the
the person against whom the
property, if any, or with such
attachment is issued shall be
other person or his agent if
liable to the applicant for the
found within the province.
amount of the property, debts,
or credits.
Where the property has been
brought under the operation of
This liability continues until the
either the Land Registration Act
attachment is discharged or
or the Property Registration
until the judgment recovered by
Decree, the notice shall contain
the applicant is satisfied. This
a reference to the:
liability or responsibility shall
cease if the property subject of
(a) number of the certificate of
the writ is delivered or
transferred, or the debts or
(b) volume and page in the
credits are paid to he clerk,
registration book where the
sheriff or other proper officer of
certificate is registered;



the court issuing the Garnishment

attachment (Sec. 8)
 Specie of attachment for reaching credits
Interest in By serving the executor, pertaining or payable to a judgment
property administrator or other personal
debtor and owing to him from a stranger
belonging to the representative of the decedent
estate of the the ff:
to the litigation. (Rizal Commercial Banking
decedent (par e)
Corporation vs. Castro, GR No. L-34548,
(a) copy of the writ; and
November 29, 1988).
(b) notice that said interest is
attached Salaries can be attached only at the end
of the month or on the payday provided
A copy of said writ of by contract or law, as, prior thereto; the
attachment and notice shall also same do not constitute money ―due‖ to
be filed in the office of the clerk the debtor from his employer.
of court in which said estate is
being settles. The same shall
Property legally attached is property in
likewise be served upon the
heir, legatee or devisee
custodia legis and cannot be interfered
concerned. with without the permission of the proper
court, but this is confined to cases where
Effect: Does not have the effect the property belongs to the defendant or
of impairing the powers of one which the defendant has proprietary
administration of the executor, interest. (Traders Royal Bank vs IAC, G.R. No.
administrator or personal 66321, October 31, 1984)
representative of the decedent.
The representative, however, is When Property Attached is Claimed by
obligated to report the
Third Party (Sec. 14)
attachment to the court when a
petition for distribution is filed.
The property attached shall be Remedies of a 3rd person, not a party to the
delivered to the sheriff making action, whose property is attached:
the levy, subject to the cliam of
the heir, legatee or devisee, or (1) By filing a TERCERIA - an affidavit of his
any person claiming under him title thereto or his right to the possession
(Sec. 9). thereof, stating the grounds of such right
or title. The affidavit must be served upon
Property in A copy of th writ of attachment the sheriff while he has possession of the
custodia legis shall be filed with the proper
attached property, and the attaching
(last par) court or quasi-judicial agency,
and notice of the attachment property.
served upon the custodian of
said property. Upon service of the affidavit upon the
sheriff, he shall not be bound to keep the
Priority in liens: The 1st property under attachment unless the
attachment will have priority attaching party files an INDEMNITY
over subsequent attachments. BOND approved by the court. The sheriff
shall not be liablt for damages for the
The attachment of property
taking kr keeping of the property, if such
already in custodial legis merely
operates as a lien and does not bond shall be filed. (Sec. 14)
mean that the attaching court
will wrest custody of the Attachment Bond Indemnity Bond
property from another court. (Sec. 4) (Sec. 14)
(Riano, Civil Procedure Vol. 2, To assure the return To indemnify the
pages 38-39) of defendant‘s sheriff against any
personal property or claim by the
the payment of intervenor to the
damages to the property seized or for



defendant if the damages ariing from and hearing, the court shall direct that the
plaintiff‘s action to such seizure, which attachment be discharged.
recover possession the sheriff was
of the same making and for which Attachment Bond Counter-bond
property fails. the sheriff was (Sec. 3) (Sec. 12)
directly responsible to To assure the return To secure the
the 3rd part. (Fort of defendant‘s payment of any
Bonifacio Dev. Corp personal property or judgment that the
vs. Yllas Lendin Corp, the payment of attaching party may
567 SCRA 454,472) damages to the recover in the
defendant if the action.(Sec. 12). It is
(2) SUMMARY HEARING - Upon application of plaintiff‘s action to also a replacement of
the 3rd personl through a motion to set recover possession the property formerly
aside the levy on attachment, the court of the same attached and just as
shall order a summary hearing to property fails. the latter, may be
determine whether the sheriff has acted levied upon final
rightly or wrongly in the performance of judgment. (Security
his duties in the execution of the writ of Pacific Assurance Corp.
attachment. The court may order the vs. Tria-Infante, 468
sheriff to release the property from the SCRA 526, 536)
erroneous levy and to return the same to
the 3rd person.
(3) File a SEPARATE ACTION (totally distinct 2. By filing a motion to set aside or
action from the former case) to nullify the discharge the attachment on other
levy with damages resulting from the grounds without need for filing a counter-
unlawful levy and seizure. (Ching vs. CA, bond.
423 SCRA 356, 369)
(4) File a MOTION FOR INTERVENTION The filing shall be based on the following
provided no judgment has yet been grounds:
rendered in tha action (Sec. 2, Rule 19)
a) That the order of attachment was
4.B.6. DISCHARGE OF ATTACHMENT AND improperly or irregularly issued or
THE COUNTER-BOND enforced. (Sec. 13)
b) That the bond furnished by the
A writ of attachment that has NOT yet been applicant is insufficient. (Sec. 3.)
effected may PREVENT the attachment by c) The attachment is excessive (the
making a DEPOSIT or COUNTER-BOND discharge shall be limited to the
executed to the applicant in an amount equal excess);
to the bond fixed by the court in order of d) The property attached is exempt from
attachment or to the value or the property ot execution, hence exempt from
be attached, exclusive of costs.(Sec.5) preliminary attachment. (Sec. 2 and 5)

A writ of attachment already enforced may be The motion may be filed before levy, after
DISCHARGED in the following ways: levy, or even after the release of the
attached property.
1. By filing a motion to discharge the After due notice and hearing, the court
attachment and making a DEPOSIT or shal orfder the setting aside or the
COUNTER-BOND (Sec.12). The motion corresponding discharge of the
shall be filed by the party whose property attachment. (Sec. 13)
has been attached or the person
appearing on his behalf. After a due notice  Effect of Discharge: The property
attached or the proceeds of ay sale



thereo, shall be delivered to the party be known as a

making the deposit or giving the counter- preliminary
bond, or to the person appearing on his mandatory injunction
behalf. The deposit or counterbond shall (Sec. 1).
To preserve the To preserve the status
stand in the place of the property
status quo or to quo until the hearing of
attached. (Sec. 12) prevent future wrongs the application for
in order to preserve preliminary injunction.
4.B.7. Satisfaction of Judgment Out of and protect certain
Property Attached (Sec. 15, Rule 57) interests or rights Note:
during the pendency If before the expiration of
Satisfaction of judgment in the following of the action (Cortez- the 20 day period, the
manner: Estrada vs. Heirs of application for preliminary
Domingo, 451 SCRA 275 injunction is denied, the
[2005]). TRO would be deemed
a. By paying the judgment creditor the
automatically vacated. If
proceeds of all sales of perishable or other no action is taken by the
property sold in pursuance of the order of judge within the 20 day
the court, or so much as shall be period, the TRO would
necessary to satisfy the judgment. automatically expire on
b. If any balance remains due, by selling so the 20th day by the sheer
much of the property, real or personal, as force of law, no judicial
may be necessary to satisfy the balance, if declaration to that effect
enough for that purpose remain in the being necessary (Bacolod
City Water District vs.
sheriff‘s hands, or in those of the clerk of
Labayen, 446 SCRA 110).
Cannot be granted May be granted ex parte if
c. By collecting from all persons having in without notice and it shall appear from facts
their possession credits belonging to the hearing shown by affidavits or by
judgment debtor, or owing debts to the the verified application
latter at the time of the attachment of that great or irreparable
such credit and debts as determined by injury would result to the
the court in the action, and stated in the applicant before the
judgment, and paying the proceeds of matter can be heard on
such collection over to the judgment notice, the court in which
the application for
preliminary injunction was
made my issue a TRO ex
4.C. PRELIMINARY INJUNCTION parte for a period not
exceeding 20 days from
4.C.1. Definitions and Differences: service to the party
Preliminary Injunction and Temporary sought to be enjoined
Restraining Order (TRO) Valid until it is Has a lifetime of: 20 days
dissolved (if issued by the RTC or
Order granted at any An order to maintain the Appeals); or if issued
stage of an action or status quo between and Supreme Court shall be
proceeding prior to among the parties until effective until further
the judgment or final the determination of the orders
order, requiring a prayer for a writ of
party or a court, preliminary injunction. Purpose of Preliminary Injunction:
agency or a person to To preserve the status quo by restraining
refrain from a Provisional remedy within action or interference or by furnishing
particular act or acts. a provisional remedy. preventive relief.
It may also require
the performance of a
Status Quo is defined as the last actual,
particular act or acts,
in which case it shall
peaceful, and uncontested status that



precedes the actual controversy, that which is d. There is an urgent and paramount
existing at the time of the filing of the case. necessity for the writ to prevent serious
irreparable damage.
Distinction Between Preliminary
Injunction, Temporary Restraining Formal Requisites
Order, and Status Quo Order.
a.) There mus be a verified application.
ORDER b.) The applicant must post a bond, unless
May exceed 20 Does not Lasts until exempted by the court. (Sec. 4b, Rule 58)
days. exceed 20 revoked. Subject
days. to agreement of
c.) The court must conduct a hearing.(Sec. 5,
the parties.
Restrains or Maintain Does not Rule 58). It cannot be issued ex parte.
requires the status specifically direct
performance of quo. the performance 4.C.3. Kinds of injunction
particular acts. of an act
A Preliminary Injunction is an order granted at Requires one to Requires the
any stage of an action or proceeding prior to REFRAINfrom the PERFORMANCE of a
the judgment or final order, requiring a party performance of a particular act or acts.
or a court, agency or a person to refrain from particular act or acts.
The act has not yet The act has already been
a particular act or acts. It may also require the
been performed performed and this act
performance of a particular act or acts in because it is has violated the rights of
which case it shall be known as Preliminary restrained or another
Mandatory Injunction. (Sec. 1, Rule 58) prevented by
A Temporary Restraining Order is issued to
preserve the status quo until the hearing of Its purpose is to Its purpose is to restore
the application for a writ of preliminary prevent a future or the status quo and then
injunction because the injunction cannot be threatened injury. preserve the said status
issued ex parte. (Bacolod City Water District vs Hence, status quo is quo which has been
preserved restored.
Labayen, G.R. NO. 157494, December 10, 2004)

A Status Quo order is not a temporary 4.C.4. When Writ May be Issued
restraining order. It is more in the nature of a
cease and desist order, has no specified FINAL INJUNCTION
duration, and does not specifically direct the
Section 1, Rule 58 Section 9, Rule 58
performance of an act. It lasts until revoked. One issued in the
Its duration may even be subject to Granted at any stage judgment in the case
agreement of the parties. No bond is required of an action prior to permanently restraining
for its issuance. the judgment or final defendant or making the
order therein preliminary injunction
4.C.2. Requisites permanent.

Essential Requisites: 4.C.5. Grounds for the Issuance of a Writ

of Preliminary Injunction: (Sec. 3, Rule 58)
a. there exists a clear and unmistakable
right to be protected. a. That the applicant is entitled to the relief
b. This right is directly threatened by an act demanded.
sought to be enjoined b. That the act or acts complained of during
c. The invasion of this right is material and the litigation would probably work
substantial injustice to the applicant.



c. That the act or acts are in violation of the 2. Notice of the raffle of the case for
rights of the applicants and tend to render assignment to a judge or branch is sent to
the judgment ineffectual. the parties to be enjoined;
3. The raffle is held.
4.C.6. Grounds for The Objection to, or 4. The judge assigned to the case conducts a
For The dissolution of Injunction or summary hearing on the prayer for a TRO.
Restraining Order (Sec 6, Rule 58) 5. The TRO may be issued good for 20 days
but a bond may be required. The period of
1.) Complaint is insufficient 72 hrs is included in the 20 day period.
6. The hearing in the preliminary injunction
Note: It is insufficient if it is not verified and is set and heard.
supported by any of the grounds for its issuance 7. The writ of preliminary injunction is issued
under Sec. 3, does not show facts entitling the under bond or is denied.
applicant to the relief demanded, or is not
supported by the required bond under Sec. 4.
4.C.7. Duration of TRO: (Sec 5, Rule 58)
2.) On other grounds upon affidavits of the 1. If great or irreparable injury would result
party or person enjoined, which may be to the applicant before the matter can be
opposed by the applicant also by affidavit. heard on notice, the court may issue a
TRO ex parte , effective only for 20 days
3.) Defendant is permitted to post a counter- from service on the party sought to be
bond, it appearing that he would sustain great enjoined.
damages while the plaintiff can be amply 2. If the matter is of extreme urgency and
compensated. the applicant will suffer grave injustice
and irreparable injury:
Injunction Distinguished from
Prohibition a. The judge may issue ex parte a TRO
effective for only 72 hours from
issuance but shall immediately comply
Directed against a Directed against a court,
party in the action tribunal or a person
with the rule on prior or
exercising judicial contemporaneous service of summons
powers and the documents to be served
Does not involve Based on the ground therewith, unless the same could not
jurisdiction of the that the court against be served personally or by substituted
court whom the writ is sought service despite diligent efforts or for
had acted without or in other reasons stated in the rule.
excess of jurisdiction
It may be the main Always the main action b. Its effectivity may be EXTENDED for a
action itself or just a
period not exceeding 20 days including
provisional remedy
the original 72hours already given.
Procedure to obtain a writ of preliminary
Note: Irreparable injury – constant
injunction and a temporary restraining order
and frequent recurrence that no fair or
reasonable redress can be had in a court
of law.
If application for preliminary injunction is
A complaint is filed with a proper application
denied or not resolved within 20 days, the
for preliminary injunction and TRO.
TRO is deemed automatically vacated.The
effectivity of the TRO is not extendible. There
1. If it is filed in a multi-sala court, the
is no need of a judicial declaration to that
executive judge may issue an ex parte
effect.. and no court shall have authority to
TRO good only for 72 hrs. The judge in a
extend or renew the same on the same
single sala may also do so.



ground for which it was issued (Sec. 5, par 3, d. Termination or rescission of any such
Rule 58) contract/project; and
e. The undertaking or authorization of
If issued by Court of Appeals or any any other lawful activity necessary for
member thereof: non-extendible period of such contract/project.
60 days from service and automatically
expires on the 60th day. No judicial declaration Reason: Injunctions and restaining orders
that it has expired is necessary (Sec. 5, par 4, tend to derail the expeditious and efficient
Rule 58) implementation and completion of government
infrastructure projects; increase construction,
 If issued by Supreme Court or any maintenance and repair costs; and delay the
member thereof: It shall be effective enjoyment of the social and economic benefits
until further orders (Sec. 5, par. 4, Rule 58) therefrom.

Sec. 5. Rule 58 as amended by A.M. No. 07-7- 4.C.9. Rule on Prior or Contemporaneous
12-SC, 27 Dec 2007. Service of Summons in Relation to
The trial court the C.A., the Sandiganbayan or
the CTA that issued a writ of preliminary General Rule: Notice of an application for a
injunction against a lower court, board,
writ of preliminary injunction or TRO included
officer, or quasi-judicial agency shall decide
the main case or petition within six (6) months in a complaintor any initiatory plreading shall
from the issuance of the writ. be preceded or contemporaneously
accompanied by service of summons together
4.C.8. In Relation to RA 8975, Banning with the a copy of the complaint or any
the Issuance of TRO or Writ of intiatory pleading and the applicant‘s affidavit
Injunction in Cases Involving and bond upon the adverse party (Sec. 4, par
Government Infrastructure Projects
c, Rule 58)
Sec. 3 of RA 8975 prvodes:
―No court, except the Supreme Court,
shall issue any TRO, preliminary 1. Summons could not be served personally
injunction, preliminary mandatory or by substituted service despite diligent
injunction against the government or any efforts
of its subdivisions, officials or any person
2. Adverse party is a resident of the
or entity, whether public or private acting
Philippines but temporarily absent
under the government direction, to
retrain, prohibit or compel the following therefrom
acts: 3. Adverse party is a nonresident thereof

a. Acquisition, clearance and 4.D. RECEIVERSHIP

development of the right-of-way
and/or site or location ofany nationals It is a legal or equitable proceeding in which a
government projecy; receiver is appointed for an insolvent
b. Bidding or awarding of corporation, partnership or individual.
contract/project of the national
government as defined in Sec. 2 It is the state or condition of a corporation,
hereof; partnership or individual over whom a receiver
c. Commencement, prosecution, has been appointed for the protection of its
execution, implementation, operation assets and for ultimate sale and distribution to
of any such contract or project; creditors.



receiver without the consent of the other

Jurisdiction parties.
All inferior courts have jurisdiction to appoint a
receiver if the main case is within their Receiver is an officer of court
jurisdiction. (Sec. 33, B.P. Blg. 129)
It may also be granted by Court of Appeals or A receiver is not an agent or representative of
any member therof, or Supreme Court or any any party in action. He is an officer of court
member thereof (Sec.1, Rule 59). exercising his functions not for the interest of
either plaintiff or defendant but for the
How commenced COMMON BENEFIT of ALL parties in interest.
By filing a VERIFIED APPLICATION to the He is ―subject to the control of the
court where the case is pending(Sec.1, Rule Court.‖(Pacific Merchandising Corp. vs Cosolacion
59). Insurance & Surety Co., 73 SCRA 564, 569-570;
RIANO, Vol. II, page 88)
Who may file
Any person having an interest in the property PURPOSE: To protect and preserve the rights
of funds subject of the action (Sec.1, Rule 59). fo the parties during the pendency of the main
action, during the pendency of an appeal, or
When can receivership be resorted as an aid in the execution of a judgment as
Receivership may be resorted to during when the writ of execution has been returned
a pendency of action; or after the judgment unsatisfied.
has become final and executory. It can be
availed of to aid execution or carry the 4.D.1. Cases When Receiver May be
judgment into effect. (Sec. 41, Rule 39) Appointed

Nature of Appointment of Receiver Instances when receiver may be

The appointment of a receiver during the appointed (Sec. 1, Rule 59)
pendency of an action is interlocutory in
nature and cannot be compelled by When a party applying for a receiver has an
mandamus, but certiorari will like if there was interest in the property or fund under
grave abuse of discretion. litigation, and the same is in danger of being
lost, removed or materially injured unless a
Receivership under Rule 59 is an ancilliary receiver be appointed to administer and
action to the principal action. Receivership as preserve it (Making Enterprise Inc vs. vs Jose
a main action is governed under Sec. 4 of Rule Marfori, .R. No. 152239, August 17, 2011);
39 (RIANO,Vol. II, page 85).
In an action for the foreclosure of a mortgage,
Receiver the mortgaged property is in danger of being
wasted or dissipated or materially injured, and
A person appointed by the court in behalf of that its value is insufficient to discharge the
all the parties to an action for the purpose of mortgage debt, or if parties so stipulated in
preserving the property involved in the suit the contract of mortgage (Commodities Storage
and to protect the rights of all the parties to and Ice Plant Corporation vs Court of Appeals, G.R.
an action under the direction of the court. No. 125008, June 19, 1997);

Person who may be appointed as After judgment, to preserve the property

receiver during pendency of the appeal or to dispose of
Any person indifferent to the parties who is it according to the judgment or to aid
impartial and disinterested (RIANO, Vol. II, page execution thereof if unsatisfied (DSM
Construction and Development Corporation vs
Court of Appeals, G.R. No.166993, December 19,
Party in litigation: As a rule, a party in
litigation should not be appointed as a



Whenever it appears that the appointment of additional bond as further security for such
a receiver is the most convenient and feasible damages (Sec. 2).
means of preserving, administering or
disposing the property in litigation (Louis 4.D.4. 20.3.4 General Powers of a
―Barok‖ C. Biraogo vs The Philippine Truth Receiver (Sec. 6, Rule 59)
Commission of 2010, G.R. No. 192935, December
7, 2010). a. To bring and defend action in his own
name in his capacity as receiver.
4.D.2. Requisites b. To take and keep possession of the
property in controversy.
1. A verified application must be filed by the c. To receive rents.
party applying for the appointment of a d. To collect debts due to himself as receiver
receiver. (Sec. 1(a), Rule 59) or to fund, property, , estate or
2. Applicant must have an interest in the corporation of which he is the receiver.
property or funds subject of the action e. To compound for and compromise the
(Sec. 1(a), Rule 59). same.
3. The application must be with notice and f. To make transfers.
set for hearing. g. To pay outstanding debts.
4. Before issuing the appointment of a h. To divide the money and other property
receiver, the applicant is required to post that shall remain among the persons
a bond executed to the party against legally entitled to receive them; and
whom the application is presented(Sec. 2, i. Generally to do such acts respecting the
Rule 59). property as the court may authorize.
5. The receiver must be sworn to perform his However funds in the hands of the
duties faithfully and shall file a bond (Sec. receiver may be invested only by order of
4, Rule 59). the court upon the written consent of all
the parties to the action.
Instances when receivership may be
denied or lifted (Sec. 3, Rule 59) Note: Contracts executed by a receiver
without the approval of the court constitute
1. Appointment sought or granted is without his personal undertakings and obligations
sufficient cause.
2. Adverse party files a sufficient bond to 4.D.5. Two (2) Kinds of Bonds
answer for damages.
3. Bond posted by the applicant is a. Applicant‘s Bond (for appointment of
insufficient. receiver) – To pay the damages the
4. Bond of the receiver is insufficient. adverse party may sustain by reason of
appointment of receiver; and
4.D.3. Requirements Before Issuance of b. Receiver‘s Bond (of the appointed
an Order Appointing a Receiver receiver, aside from oath) – To answer
for receiver‘s faithful discharge of his
Before issuing the order appointing a receiver duties (Sec. 2).
the court shall require the applicant to file a
bond executed to the party against whom the Action AGAINST the Receiver
application is presented, in an amount to be Must be done with LEAVE OF COURT which
fixed by the court, to the effect that the appointed him.
applicant will pay such party all damages he
may sustain by reason of the appointment of Liability for refusal or neglect to deliver
such receiver in case the applicant shall have property to receiver
procured such appointment without sufficient A person who refuses or neglects, upon
cause; and the court may, in its discretion, at reasonable demand, to deliver to the receiver
any time after the appointment, require an all the property, money, books, deeds, notes,



bills, documents and papers within his power

or control, subject of or involved in the action Replevin may be availed of:
or proceeding, or in case of disagreement, as
determined and ordered by the court, may be: a. At the commencement of the action; or
b. At any time before answer.
1. punished for contempt; and
2. shall be liable to the receiver for the PRELIMINARY
money or the value of the property and REPLEVIN
other things so refused or neglected to be Purpose is to place the
Purpose is to recover
surrendered, together with all damages property in custodial egis
personal property
that may have been sustained by the to secure satisfaction of
capale of manual
party or parties entitled thereto as a judgement that may be
delivery from adverse
consequence of such refusal or neglect rendered in favor of
(Sec. 7, Rule 59).
May be sought only Available even if
when the principal recovery of property is
4.D.6. Termination of Receiveship (Sec. 8, action is recovery of only incidental to the
Rule 59) personal property relief sought
Personal property Property belongs to the
The receivership shall be terminated if upon belongs either to defendant.
motion of either party or motu proprio by the Plaintiff or he has
court the necessity for a receiver no longer right of possession
exist. over the same.
No need to show that In some cases, needs to
Procedure in the termination of the property is being show that the property is
concealed or disposed being concealed,
to the prejudice of removed, or disposed of.
1. Due notice to all interested parties. Can be sought only May be resorted to even
2. Hearing when defendant is in if the property is in
3. Settling the accounts of the receiver actual or constructive possession of a third
4. Direct delivery of the funds and other possession of the person.
property in the receiver‘s possession to property
the person adjudged to receive. Only extends to Extends to all types of
personal property property whether real,
Receiver is allowed a reasonable capable of manual personal or incorporeal.
compensation set by the court as the case
Cannot be availed of Can be availed of even if
may warrant.
when property is in property is in custodia
custodia legis legis.
4.E. REPLEVIN (Rule 60) Available from
Available before
commencement but
defendant answers
 Replevin as a provisional remedy consists before entry of judgment
in the delivery, by order of the court, of a Bond is fixed by the
Bond is double the
personal property by the defendant to court. (RIANO, Vol. II,
value of the property
plaintiff, who shall give a bond to assure page 95)
the return thereof or the payment of
damages in case the plaintiff is not 4.E.1. When May a Writ of Replevin be
entitled thereto or to prevent damage or Issued
deterioration of the same during the
pendency of the suit. The provisional remedy of replevin can only be
 Replevin may be a main action or a applied for before answer. A party praying for
provisional remedy. As a principal action the recovery of possession of personal
its ultimate goal is to recover personal property may, at the commencement of the
property capable of manual delivery action or at any time before answer, apply for
wrongfully detained by a person. Used in an order for the delivery of such property to
this sense, it is a suit in itself. him (Sec. 1, Rule 60).



c. That the property has not been distrained

Service of writ of replevin or taken for tax assessment or fine or
A writ of replevin may be served anywhere in under writ of execution/attachment or
the Philippines. placed under custodia legis or if seized,
that it is exempt or should be released;
4.E.2. Requisites (SEC. 2, RULE 60) and
d. The actual market value of the property.
1. Applicant must file for an application for e. The affidavit must state the actual market
writ of replevin before defendant answers value of the property (Government of
Tuguegarao, represented by Robert P. De
 A party praying for the provisional remedy Guzman, Petitioner, vs. Randolph S. Ting,
must file an application for a writ of Respondent. G.R. Nos. 192435-36
replevin. His application must be filed at September 14, 2011)
the commencement of the action or at any
time before the defendant answers, and It must also state that the property has not
must contain an affidavit particularly been distrained or taken for tax assessment or
describing the property to which he a fine pursuant to law, or seized under a writ
entitled of possession. (Davao Light and of execution or preliminary attachment, or
Power Co. Inc, vs.CA G.R. No. 93262 otherwise placed in custodia legis. If it has
December 29, 1991) been seized, then the affidavit must state that
it is exempt from such seizure or custody.
2. Application must contain affidavit (Navarro vs. Escobido G.R. No. 153788, November
executed by: a) applicant or b) any one 27, 2009, supra).
who has personal knowledge of facts.
Actions to be taken by the adverse party
3. Applicant must post a replevin bond in case of replevin (Sec. 5 & 6, Rule 60):
executed to the adverse party
a. Put up a counter-bond in double the
Replevin Bond
amount of the chattel;
b. Furnish applicant with a copy of the
Is the bond posted by the plaintiff executed to
counter-bond within five days from the
the adverse party in DOUBLE the value of the
date the sheriff took possession of the
property as stated in the affidavit.
A replevin bond is intended to indemnify the
Note: Filing of a counter-bond and service of
defendant against any loss that he may suffer
copy thereof are mandatory.
by being compelled to surrender the
possession of the disputed property pending
Redelivery Bond (Sec 5, Rule 60)
trial of action (Sec. 2, Rule 60).

4.E.3. Affidavit and Bond; Redelivery  If the adverse party does not object to the
Bond (SEC. 2, RULE 60) sufficiency of the applicant‘s bond, he
may, at any time before the delivery of
The Affidavit must contain the following: the property to the applicant, require the
return thereof, by filing with the court a
a. That the applicant is the owner of bond executed to the applicant. The bond
property claimed, describing it or entitled is double the value of the property.
to its possession.
b. That the property is wrongfully detained It is required that the redelivery bond be
by the adverse party, alleging cause of its filed within the period of 5 days after the
detention. taking of the property. The rule is
mandatory (Yang vs. Valdez, 177 SCRA 141).



Defendant is entitled to the return of the receiving his fees and necessary expenses for
property taken under the writ of Replevin, if: taking and keeping the same (Sec. 4).

 He posts a redelivery bond Procedure when there is a third-party

 The plaintiff‘s bond is found to be claimant: (Sec. 7, Rule 60)
insufficient or defective and is not
replaced with a proper bond Any person other than the party against whom
 The property is not delivered to the the writ of replevin had been issued (THIRD-
plaintiff for any reason. PARTY) or HIS AGENT must

ORDER OF COURT and WRIT OF 1. make an affidavit of his title thereto, or

REPLEVIN right to the possession thereof, stating the
grounds therefor, and
Upon filing of affidavit and approval of bond,
the court shall issue: 2. serves such affidavit upon the sheriff while
the latter has possession of the property
a. an Order; and and a copy thereof upon the
b. Writ of Replevin applicant(Sec. 4, Rule 60).

Writ of Replevin shall: Effect:

Sheriff is not bound to keep the property
a. Describe the personal property alleged to be under replevin or deliver it to the applicant
wrongfully detained; UNLESS:
b. Require the Sherif to take such property in
his custody (Sec. 3, Rule 60). a. Applicant or his agent files a bond
approved by the court in a sum not less
4.E.4. Sheriff‟s Duty in the than the value of the property under
Implementation of The Writ; When replevin.
Property is Claimed by Third Party b. NO CLAIM FOR DAMAGES for the taking
or keeping of the property may be
Upon receiving such order, the sheriff must: enforced against the bond UNLESS the
1. serve a copy of order on the adverse action therefore is filed within 120 days
party, together with a copy of the from the date of the filing of the bond.
application, affidavit and bond, and c. Sheriff not liable for damages against
2. Take the property, if it be in the third-party claimant if bond is filed.
possession of the adverse party, or his d. Filing of a bond NOT required when the
agent, and writ of replevin is issued in favor of the
3. Retain the property in his custody. Republic of the Philippines, or any officer
duly representing it.
Property is wholly or partly concealed e. Third-party claimant may vindicate his
If the property or any part thereof be claim to the property under replevin in the
concealed in a building or enclosure, the same or separate action.
sheriff must demand its delivery
Judgment in the alternative:
If it be not delivered, he must cause the
building or enclosure to be broken open and a. For the delivery of the chattel to the party
take the property into his possession. entitled thereto;
b. For its value in case delivery cannot be
Sheriff in possession of the property made, and also for such damages if
After the sheriff has taken possession of the warranted.
property as herein provided, he must keep it
in a secure place and shall be responsible for
its delivery to the party entitled thereto upon



5. SPECIAL CIVIL Corporation, No. L-

25138, 29 SCRA


5.A.1. Nature of Special Civil Actions

before breach or violation
Although both types of actions are governed
of deed, will, contract or
by the rules for ordinary civil actions, there are
other written instrument
certain rules that are applicable only to
or rights affected by
specific special civil actions (Sec. 3[a], Rule 1).
statute etc. (Sec.1, Rule
The fact that an action is subject to special
rules other than those applicable to ordinary
Action is Initiated by either filing a
civil actions is what makes a civil action commenced by COMPLAINT
special. complaints. 1. Interpleader
2. Expropriation
5.A.2. Ordinary Civil Actions vs Special
3. Foreclosure of Real
Civil Actions
Estate Mortgage
4. Partition, and
SPECIAL CIVIL ACTION 5. Forcible Entry and
Governed by Unlawful Detainer
Governed by Rules 62-71
Ordinary Rules
Involves formal or ―PETITIONS.‖
demand of one‘s Involves special features not 1. Declaratory Relief;
legal right in a found in ordinary civil action. 2. Review of
court of justice. Judgements of
cause of action 3. Certiorari, Prohibition
and Mandamus;
4. Quo Warranto; and
5. Indirect Contempt
EXCEPTION: Some Special
Civil Actions are not based on JURISDICTION JURISDICTION depends on
a cause of action. (i.e. is determined the type of special action.
Interpleader and Declaratory by nature of
Relief) action or
Must be based
on a cause of
filed by a plaintiff- involved.
action. interpleader who
May be filed Some can ONLY be filed in
either have NO
either in MTC MTC while other actions
or RTC. cannot be filed therein.
whatever in the
subject matter or
VENUE is Same as in ordinary civil
determined by action subject to specific
whole or in part is
determined by rules for a particular civil
either the action (Sec. 3[a], Rule 1).
the claimants
residence of
(Beltran vs.
the parties
People's Homesite
where the
and Housing
action is



personal or by (Depends on
the location of jurisdictional
the property amount)
where the Partition NO RTC
(Incapable of
action is real.
5.A.3. Jurisdiction and Venue Forcible Entry YES. NO.
and Unlawful
Jurisdiction Detainer ONLY in MTC,
 Ordinary civil actions may be filed initially MeTC, MTCC,
in either the MTC of the RTC depending MCTC
upon the jurisdictional amount or the Contempt YES May also be
nature of the action involved. filed in RTC,
May be filed CA or SC
 There are special civil actions which can
in MTC
only be filed in the MTC like the actions
for forcible entry and unlawful detainer
while petitions for certiorari, prohibition,
Special civil actions are governed by the rules
and mandamus cannot be filed in the said
on ordinary civil actions subject to specific
rules for a particular special civil action (Sec.
3[a], Rule 1)
Special Civil MTC OTHER
Action courts
Interpleader YES RTC
Ordinary Civil Actions
(Depends on Determined by either the residence of the
Maybe filed jurisdictional parties where the action is personal or by the
in MTC amount) location of the property where the action is
(Depends on real.
amount) Special Civil Actions
Declaratory NO ONLY in RTC Rules on venue of Ordinary Civil Actions do
not always apply to a special civil action.
May be
subject to
exceptions. For instance, the venue in a petition for quo
warranto is where the Supreme Court or the
Review of NO ONLY in Court of Appeals sits, if the petition is
Judgements Supreme commenced in any of these courts and
and Final Court by without taking into consideration where the
Orders and Certiorari parties reside. It is only when the petition is
Resolutions of lodged with the RTC that the residence is
considered in considering venue. A petition for
quo warranto filed in the RTC merely looks
Certiorari, NO RTC, CA, SB
Prohibition or COMELEC into the residence of the respondent, not that
and (Election of the petitioner. But if it is the Solicitor
Mandamus cases in its General who commences the action, another
appellate special rule is followed because the petition
jurisdiction) may only be commenced in the RTC in Manila,
Quo Warranto NO RTC, CA, SC in the Court of Appeals or in the Supreme
Expropriation NO RTC Court.
(Incapable of
Foreclosure of YES RTC
Real Estate (Depends on It is a special civil action filed by a person
Mortgage Maybe filed jurisdictional against whom two conflicting claims are made
in MTC amount) upon the same subject matter and over which



he claims no interest, to compel the claimants possibility of having to pay more than once on
to interplead and to litigate their conflicting a single liability (Bank of Commerce vs. Planters
claims among themselves (Sec. 1, Rule 62, Rules Development Bank, G.R. No. 154470-71,
of Court) September 24, 2012)

Who files the petition:

 Principle in Alvarez vs. Commonwealth (65 The person against whom conflicting claims
Phil. 302): ―The action of interpleader is a are made. (Sec. 1, Rule 62)
remedy whereby a person who has
personal property in his possession. or an Where to file the petition (JURISDICTION):
obligation to render wholly or partially,
without claiming any right in both comes Based on jurisdictional amount (Riano, Vol II
to court and asks that the persons who and BP 129, Sec. 33):
claim the said personal property or who 1. MTC:
consider themselves entitled to demand
compliance with the obligation. be Personal property Value
required to litigate among themselves, in
order to determine finally who is entitled  NOT EXCEED P300,000 (outside Metro
to one or the other thing.‖ (Belo Medical
 NOT EXCEED P 400,000 (within Metro
Group, Inc. vs. Jose l. Santos and Victoria G.
Belo, G.R. No. 185894, August 30, 2017)

 An interpleader is a compulsory Real Property value

counterclaim. A stakeholder's action of
interpleader is too late when filed after  NOT EXCEED P 20,000 (outside Metro
judgment has been rendered against him Manila)
in favor of one of the contending  NOT EXCEED P 50,000 (within Metro
claimants, especially where he had notice Manila)
of the conflicting claims prior to the
rendition of the judgment and neglected 2. RTC
the opportunity to implead the adverse
claimants in the suit where judgment was Personal or Real Property Value
entered. This must be so; because once
judgment is obtained against him by one  EXCEEDS the value wihin jurisdiction
claimant he becomes liable to the latter. of MTC
(Wack-wack Golf & Country Club vs. Lee Won  Subject-matter is incapable of
L-23851, March 26, 1976) Pecuniary Estimation

PURPOSE: The remedy of an action of Venue:

interpleader is designed to protect a person
against double vexation in respect of a single  Rules in Ordinary Civil Action applies (Sec.
liability. It requires, as an indispensable 2, Rule 4)
requisite, that conflicting claims upon the  Subject-matter is:
same subject matter are or may be made
against the stakeholder (the possessor of the PERSONAL PROPERTY: Residence of
subject matter) who claims no interest either plaintiff or defendant, at option of
whatever in the subject matter or an interest plaintiff
which in whole or in part is not disputed by
the claimants. Through this remedy, the REAL PROPERTY: Where property is
stakeholder can join all competing claimants in located or portion of it is located.
a single proceeding to determine conflicting
claims without exposing the stakeholder to the



Effect When a Claimant Fails to Plead Interpleader Intervention

Within the Time Fixed: (Rule 62) (Rule 19)
defendant implead them. pending suit.
 The court may, on motion, declare him in Issue an order Motion to
default and thereafter render judgment requiring the intervene
barring him from any claim in respect to allowance or addressed to the
the subject matter (Sec.5, Rule 62). disallowance of sound discretion
conflicting of the court.
claimants to
5.B.1. Requisites for Interpleader implead with
one another.
 The plaintiff claims no interest in the
subject matter or his claim thereto is not 5.C. DECLARATORY RELIEF AND
 There must be at least two or more
conflicting claimants; Two Remedies:
 The conflicting claims are made against
the same person (plaintiff); and 1. Declaratory Relief
 The subject matter must be one and the 2. Similar Remedies
 The procedural distinction between the
5.B.2. When to File two is that in actions falling under similar
remedies, the court is bound to render
Within a reasonable time after a dispute has judgment, whereas in actions falling under
arisen without waiting to be sued by either declaratory relief, the court may refuse to
contending claimants. Otherwise, the remedy exercise the power to declare petitioner‘s
is barred by laches or undue delay (Wack-wack right and to construe the instrument.
Golf & Country Club vs. Lee Won L-23851, March  There is yet no cause of action in a strict
26, 1976). sense under declaratory relief. (Lectures in
Remedial Law, Bengzon, p. 242, 1959 Edition)
Interpleader vs. Intervention  Where a declaratory judgment as to
disputed fact would be determinative of
Interpleader Intervention issues rather than a construction of
(Rule 62) (Rule 19) definite stated rights, status, and other
Filed as an Filed as an relations, commonly expressed in written
original special ancillary action instruments, the case is not one for
Kind of
civil action. depending on
action declaratory relief.
(Principal the original
action) action.
Plaintiff has no Plaintiff has The similar remedies are:
interest in the interest in the
subject matter matter under  Action for reformation of an instrument;
of the action or litigation, or  Action to quiet title; and
has an interest in the success of  Action to consolidate ownership under
therein which, either parties or Article 1607 of the Civil Code.
in whole or in an interest
proper to
part, is not against both to
file Jurisdiction
disputed by the be adversely
other parties. affected by the
distribution of General Rule: Only in appropriate RTC
the property in (incapable of pecuniary estimation) (Sec.1,Rule
the court or an 63; RIANO, Vol. II, page 149)_
officer thereof.
Defendants are Defendants are Exception:
being sued already original
Status of precisely to parties to the



An action for QUIETING TITLE, a real action, raised in such a petition is the question of
jurisdiction depends on the assessed value of construction or validity of the provisions in an
property. instrument or statute. (Ferrer vs. Roco, G.R. No.
174129, July 05, 2010)
The first paragraph refers to an action for
declaratory relief, which should be brought PURPOSE:
before the RTC. The second paragraph,
however, refers to a different set of remedies, To determine any question of construction or
which includes an action to quiet title to real validity arising from subject action issue, and
property. The second paragraph must be read to seek for a declaration of petitioner‘s right
in relation to Republic Act No. 7691, which thereunder remedy (Sec.1, Rule 63; RIANO, Vol.
vests the MTC with jurisdiction over real II, page 142)
actions, where the assessed value of the real
property involved does not exceed P50,000.00 An action for declaratory relief presupposes
in Metro Manila and P20,000.00 in all other that there has been no actual breach of the
places. The first paragraph of Section 1, Rule instruments involved or of rights arising
63 of the Rules of Court, describes the general thereunder. Since the purpose of an action for
circumstances in which a person may file a declaratory relief is to secure an authoritative
petition for declaratory relief[.] As the ...