Civpro Deleon Civ Pro2015 PDF

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I. General Principles
a of Remedial Law ar
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A. Concept
C e s
Procedure in general
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every step which may be taken R
The means whereby the court reaches o out to restore rights and remedy wrongs, and includes
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from beginning to the end of a case (Maritime Company of the
a 569 [1967]).
Philippines vs. Paredes, 19 SCRA
B a
Kinds of procedure h
C e s
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1. As to purpose
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a. civil procedure – refers to the enforcement of a private right
b. criminal procedure – refers n r
a a
to the prosecution of an offense
a. formal procedure –h requires a set and definite process to beB

2. As to formality
C can issue e s observed in
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order that the remedy
b. summary procedure – where remedy sought is granted b without delay, and
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without the necessity of observing the procedure fixed for ordinary cases
a n a r
resolve disputes involving private parties B
What is civil procedure?
The method of conducting a judicial proceeding toh
C redress for the invasion of rights. es
for the purpose of enforcing private rights or obtaining
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o de
Action and suit
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In the Philippines, the terms “action” and “suit” are synonymous (Lopez vs. Compania
an
Seguros (16 SCRA 855 [1966])
B. Substantive Law as Distinguished from Remedial Law h

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1. Substantive law – the law that creates, defines regulates and extinguishes rights and
obligations
2. Remedial law – the law that provides the procedure or remedy for enforcement of rights
and obligations through the courts of justice.
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C. Rule-making Power of the Supreme Court
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es
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The Supreme Court has the constitutional power to promulgate rules concerning pleading,
b
practice and procedure in all courts (Art. VIII, Sec. 5[5], Constitution).
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The power R
n r was taken away in the 1987
of Congress under the 1935 and 1973 Constitutions to repeal, alter or
Constitution a a
supplement rules concerning pleading, practice and procedure
h B
(Echegaray vs. Secretary of Justice, G.R. No. 132601, January 19, 1999).
C s
epower of the Supreme Court [SUN]
1. Limitations on the rule-making
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o
R a simplified and inexpensive procedure for the speedy
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(a) The rules shall provide
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disposition of cases,
a
B and
h s
(b) The rules shall be uniform for all courts of the same grade,
C e
l substantive rights. (Art. VIII, Sec.
b
(c) The rules shall not diminish, increase, or modify
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5[5], Constitution). [DIM]
In determining whether a rule prescribed n by theor modifies

aenlarges, Supreme Court, for the practice
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is whether the rule really regulates h
procedure of the lower courts, abridges,
B rights
any substantive right, the test
C law and for justly administering remedy s

procedure, that is, the judicial process for enforcing
e and redress for
a disregard or infraction of them. If the rule takes away a vested right, l
and duties recognized by substantive
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the rule creates a right such as the right to appeal, it may be classified bright thenas thea substantive
it is not procedural. If
matter; but if it operates as a means of implementing an existing

R rule deals
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merely with procedure. (Fabian vs. Desierto, G.R. No. 129742, September 16, 1998, 295
SCRA 40.)
Ba
Ch e s
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Procedural and substantive rules
Test – whether rule really regulates procedure, the judicial process for enforcing rights
o b foranda
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duties recognized by substantive law and for justly administering remedy and redress
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disregard or infraction thereof.
a a right such as the

h
If it takes away a vested right, it is not procedural. If the rule creates
right to appeal – substantive.
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If it operates as a means of implementing an existing right – procedural,
Exs. where to prosecute an appeal or transferring venue of appeal – (a) appeals from
decisions of Ombudsman in administrative cases be made to CA, or (b) requiring that review of
NLRC decisions be filed with CA (St. Martin Funeral Home vs. NLRC, 295 SCRA 494 [1998])
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es
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2. Power of the Supreme Court to amend and suspend procedural rules
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Inherent power of SC to SUSPEND its own rules or to EXEMPT a particular case from the
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operation of said rules (pro hac vice) whenever demanded by justice (Rep. vs. CA, 107 SCRA
s
504 [1981]; De la Cruz vs. Court of Appeals, 510 SCRA 103).
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l with it the power to suspend the effectivity of its
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The right to create rules necessarily carries
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creation.
a n a rand compelling as to
h B(Apo Fruits Corp. vs. Land
The power to suspend or even disregard rules can be so pervasive
C s
alter even that which the Court itself had already declared to be final
Bank of the Philippines, G.R. No. 164195, October 12, 2010).
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D. Nature of Philippine Courts o b
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ar and
anto adjudicate legal disputes betweenBparties
1. Meaning of a court
carry out the administration of justice h

A court is a tribunal with the authority
s
C in civil, criminal, and administrative matters in accordance
e as the judiciary
l
.
with the rule of law
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The system of courts that interpret and apply the law are collectively known
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2. Court as distinguished from a judge
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a either alone or as part of a panel Bar
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of judges. The judge conducts the trial impartially andh
A judge is a person who presides over court proceedings,
Cparties of the case, assesses the credibilitys

in an open court. The judge hears all the
witnesses and any other evidence presented by the
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of the law and his or her own personal judgment.
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of the parties, and then issues a ruling on the matter at hand based on his or her interpretation
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3. Classification of Philippine courts
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C h
1. Regular Courts - Courts authorized to engage in the general administration of justice.
These courts derive their powers from the Constitution. At the apex is the Supreme Court.
Below the Supreme Court are three tiers of lower-level courts that initially decide
controversies brought about by litigants in the first instance.
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a. Supreme Court
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b. Court of Appeals
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c. Regional Trial Court
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d. Municipal Trial Court
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a n a r
2. h Bjurisdiction
C provided in the special law creating such
Special Courts - Tribunals that have limited
controversies that special courts can
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hear are limited
over certain types of cases or
only to those that are specifically
b l of the statute creating the special court, these

special courts. Outside of the specific cases
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expressly mentioned in the provisions
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courts have no authority to exercise any powers of adjudication.
a. Sandiganbayan
a n a r
c. Shari’a Courth B
b, Court of Tax Appeals
C e s
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b pertain to and are exercised only
by courts. However, the Philippine system ofo
3. Quasi-Judicial Agencies - Technically, judicial powers
Rtypes of controversies, particularly if same

government allows administrative agencies
would facilitate the attainment of the n rjudicial

to exercise adjudicatory powers in certain
been created. Unlike regular andaspecial courts, quasi-courts do not possess a

objectives for which the administrative agency had
powers. Instead they possessh and in fact, exercise what are termed as B
powers. C e s quasi-judicial
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4. Courts of original and appellate jurisdiction o
R commenced
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a. Court of original jurisdiction – one where a case is originally
a a r
1) Municipal Trial Court
h B
2) Regional Trial Court
C e s
3) Court of Appeals
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4) Supreme Court
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b. Court of appellate jurisdiction – one which has power or review over n
a the decisions or
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orders of a lower court
2) Court of Appeals
3) Supreme Court
5. Courts of general and special jurisdiction

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a. General jurisdiction – courts which take cognizance of all kinds of cases, civil or
a
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criminal, except those assigned to special courts and courts of limited jurisdiction
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e
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b.Special jurisdiction – courts which have the power to hear only certain types of cases,
or are clothed with special powers for the performance of specified duties beyond which
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they have no authority of any kind.
R
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1) Sandiganbayan
a2)3) Shari’a
Court of Tax Appeals
B a
C h Court
s
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6. Constitutional and statutory b
o by the Constitution
courts
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a. Constitutional – those created
1) Supreme Court n
a a r
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b. StatutoryC – those created by the legislature
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1) Court of Appeals
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3) Municipal Trial Court
4) Sandiganbayan a B a
5) Court of Tax Appeals
C h s
6) Shari’a Court
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7. Courts of law and equity R
n
aTamparong, 31 Phil. 321)
Philippine courts are both courts of law and equity. Hence, both legal and equitable
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h
jurisdiction is dispensed with in the same tribunal. (.U.S. vs.
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C s
eis
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However, equity does not apply when there is a law applicable to a given case (Smith Bell
never availed of against statutory law or judicial pronouncements (Velez vs Demetrio, b

Co. vs. Court of Appeals, 267 SCRA 530). It is availed of only in the absence of a law and
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G.R. No.
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128576, August 13, 2002).
8. Principle of judicial hierarchy

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C h
Pursuant to this doctrine, direct resort from the lower courts to the Supreme Court will not be
entertained unless the appropriate remedy cannot be obtained in the lower tribunals.
Rationale: (a) to prevent inordinate demands upon the SC’s time and attention which are
better devoted to those matters within its exclusive jurisdiction, and (b) to prevent further
overcrowding of the SC’s docket.
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Thus, although the SC, CA and the RTC have CONCURRRENT jurisdiction to issue writs of
s
certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction, such
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concurrence does not give the petitioner unrestricted freedom of choice of court forum.
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The SC will NOT ENTERTAIN DIRECT RESORT to it unless the redress desired cannot be
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obtained in the appropriate courts, and exceptional and compelling circumstances, such as
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cases of national interest and of serious implications, justify the extraordinary remedy of writ of
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certiorari, calling for the exercise of its primary jurisdiction (Heirs of Bertuldo Hinog vs. Melicor,
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Ch
455 SCRA 460 [2005]).
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9. Doctrine of non-interference or doctrine of judicial stability
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each other’s orders (Lapu-lapu Dev
R o and Housing Corp vs. Group Management Corp, 338
This principle holds that courts of equal and coordinate jurisdiction cannot interfere with
writ of possession issued byn r Corp vs; CA, 301

SCRA 493). Hence, a RTC has no power or authority to nullify or enjoin the enforcement of a
SCRA 212). The principlea a

another Regional Trial Court (Suico Industrial
h B with the judgment of a
also bars a court from reviewing or interfering
C Third party claim

co-equal court over which
e s
it has no appellate jurisdiction or power of review (Villamor vs. Salas,
203 SCRA 540). Exc.
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The doctrine of judicial stability or non-interference in the regular orders or judgments of a co-
equal court, as an accepted axiom in adjective law, serves as an insurmountable barrier to
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the competencia of the Makati court to entertain the habeas corpus case on account of the previous
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assumption of jurisdiction by the Cavite court, and the designation of petitioners as guardians ad
B
judicial plane.
C h
litem of the ward. This is based on the policy of peaceful co-existence among courts of the same
(Panlilio vs. Salonga, G.R. No. 113087, June 27, 1994).
s
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R
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II. Jurisdiction
a Ba
“Juris” and “dico” – I speak by the law.
C h s
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Power or capacity conferred by the Constitution. or by law to a court or tribunal to entertain,
hear and determine certain controversies, and render judgment thereon
b l
A. Jurisdiction over the parties
R o
a n
1. How jurisdiction over the plaintiff is acquired
C h
Over person of plaintiff – acquired upon filing of complaint or initiatory pleading and
paying docket or filing fees;
2. How jurisdiction over the defendant is acquired
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Over person of defendant – service on him of coercive process in the manner provided
(voluntary appearance).
B a
by law (summons) or his voluntary submission to the jurisdiction of the court or tribunal
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What is the effect of voluntary appearance?
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The defendant’s voluntary appearance in the action shall be equivalent to SERVICE OF
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SUMMONS.
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However, inclusion in a motion to dismiss on other grounds aside from lack of jurisdiction
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over the person of the defendant shall not be deemed a voluntary appearance (Rule 14, Sec.
B
Ch
20).
NOTE:
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a. Filing of a motion for reconsideration and appeal is tantamount to voluntary submission
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to the jurisdiction of the court.
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b. Any mode of appearance in court by a defendant or his lawyer is equivalent to service of
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summons, absent any indication that the appearance of counsel was precisely to protest
a
the jurisdiction of the court over the person of defendant (Delos Santos vs. Montesa, 221
B
Ch
SCRA 15 [1993]).
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B. Jurisdiction over the subject matter
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R o
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1. Meaning of jurisdiction over the subject matter
B
a. subject matter
Ch es
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1. The power to hear and determine cases of the general class to which the proceeding in
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question belongs.
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2. Determined by the LAW IN FORCE at the time of its institution. Once the court acquires
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jurisdiction, it may not be ousted by any subsequent law placing jurisdiction in another
tribunal, except (a) when the law itself so provides or (b) the statute is clearly intended to
Ba
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apply to actions pending before its enactment.
3. Matter of legislative enactment which none but the legislature can change.
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4. Once jurisdiction is acquired, court RETAINS it until the final determination of the case
assumption thereof by a tribunal.

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5. Never acquired by consent or acquiescence of the parties or by laches, nor by unilateral
an the relief
6. Determined by the ALLEGATIONS in the complaint and the CHARACTER of
Chor motion to dismiss.

sought.
7. Does not depend on pleas or defenses of defendant in an answer
2. Jurisdiction versus the exercise of jurisdiction
Jurisdiction is the authority to decide a cause, and not the decision rendered therein. Where
there is jurisdiction over the person and the subject matter, the decision in all other questions
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arising in the case is but an exercise of such jurisdiction. The errors which the court may commit
in the exercise of jurisdiction are merely errors of judgment which are the proper subject of an
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s
appeal. The errors raised by petitioners in their petition for annulment of judgment assail the
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content of the decision of the trial court and not the court’s authority to decide the suit. In other
words, they relate to the court’s exercise of its jurisdiction, but petitioners failed to show that the
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trial court did not have the authority to decide the case. (Tolentino vs. Leviste, 443 SCRA 274
R
[2004]).
an a r
3. Error of jurisdiction as distinguished from error of judgment
B
h
Cwhich error is reversible only by an appeal. s
e or inError
An error of judgment is one in which the court may commit in the exercise of its jurisdiction,
and
l of jurisdiction is one where the act
bof certiorari. Certiorari will not be issued to cure errors

complained of was issued by the court without excess of jurisdiction and which error is
by the trial court in its appreciation o

correctible only by the extraordinary writ
R of law. As long as the court acts within its jurisdiction,

of the evidence of the parties, and its conclusions anchored
n
on the said findings and its conclusions
rto nothing more than
mere errors of judgment. a a
any alleged errors committed in the exercise of its discretion will amount
2009, 597 SCRA 463.)h

(Julie’s Franchise Corporation vs. Ruiz, G.R.
B No. 180988, August 28,
C e s
4. How jurisdiction is conferred and determined
b l
o
Conferred by the LAW IN FORCE at R
ALLEGATIONS in the complaint and then r
the time of its institution. Determined by the
a CHARACTER of the relief sought
B a
C h s
5. Doctrine of primary jurisdiction
l e
o b
R
The doctrine of primary jurisdiction precludes the courts from resolving a controversy
competence. (Fajardo vs. Flores, G.R. No. 167891, a

n
over which jurisdiction has initially been lodged with an administrative body of special
a r
h B
January 15, 2010)
C e s
6. Doctrine of adherence of jurisdiction
b l
o
R attaching
n
Once jurisdiction attaches it cannot be ousted by the happening of subsequent events
a
although of such a character which should have prevented jurisdiction from in
h
the first instance [the rule of adherence of jurisdiction] (Ramos vs.Central Bank of the
Philippines, 41 SCRA 565;. Lee vs. Presiding Judge, MTC of Legaspi City, Br I, 145 SCRA
408).
Once the court acquires jurisdiction, it may not be ousted by any subsequent law placing
jurisdiction in another tribunal, except (a) when the law itself so provides or (b) the statute is
clearly intended to apply to actions pending before its enactment.
a r
B
Once jurisdiction is acquired, court RETAINS it until the final determination of the case
es
b l
7. Objections to jurisdiction over the subject matter
R o
When can the issue of jurisdiction be raised?
an a r
General rule – jurisdiction over the subject matter or nature of the action may be challenged
h
AT ANY STAGE of the proceedings.
B
C
Exception – when there is ESTOPPEL.
e s
Party assailing jurisdiction of court b l
o
must raise it at the first opportunity. While an order or
R
decision rendered without jurisdiction is a total nullity and may be assailed at any stage, a
an judgment has been rendered (Soliven rvs. Fastforms Phils.,

party’s ACTIVE PARTICIPATION in the proceedings. without questioning the jurisdiction until
later, especially when an adverse
B a
h
Inc., 440 SCRA 389 [2004]).
s
A party cannotC
e
opponent and after failing to obtain such relief, repudiatelsuch jurisdiction (Salva vs. CA, 304
invoke the jurisdiction of the court to secure affirmative relief against his
o
SCRA 632 (1999).This includes the filing of a counterclaim. b Such practice cannot be tolerated
R
for reasons of public policy (Oca vs. CA, 278 SCRA 642 [2002]).
a n a r
The earliest opportunity of a party to raise the issue of jurisdiction is in a motion to dismiss
h B
filed before the filing or service of an answer. Lack of jurisdiction over the subject matter is a
of lack of jurisdiction may be raisedC

ground for a motion to dismiss (Sec. 1[b],
s
e 6, Rule 16).
, Rule 16). If no motion to dismiss is filed, the defense
l
as an affirmative defense in the answer (Sec.
b
o 15).
Under the omnibus motion rule, a motion attacking a pleading like a motion to dismiss
RRule
shall include all grounds then available, and all objections not so included shall be deemed
waived, except lack of jurisdiction over the subject matter (Sec. 8,
for the first time on appeal (Francel Realty Corporation vs.a

Jurisdiction over the subject matter may be raised at any n stage of the proceedings, even ar
h Sycip, 469 SCRA 424 [2005])
Courts may take cognizance of the issue even if not raised by the parties themselves. Nos
B
C e
reason to preclude the CA, for example, from ruling on this issue even if the same had not been
b
resolved by the trial court (Asia International Auctioneers, Inc. vs. ,G.R. No. 163445, December l
18, 2007).
R o
a n
8. Effect of estoppel on objections to jurisdiction
C h
10
Heirs of Bertuldo Hinog vs. Melicor,, G.R. No. 140954, April 12, 2005
After recognizing the jurisdiction of the trial court by seeking affirmative relief in their
motion to serve supplemental pleading upon private respondents, petitioners are effectively
barred by estoppel from challenging the trial court’s jurisdiction. If a party invokes the jurisdiction
of a court, he cannot thereafter challenge the court’s jurisdiction in the same case. To rule
the Court.
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otherwise would amount to speculating on the fortune of litigation, which is against the policy of
B
e s
l San Jose Airport in Occidental Mindoro were relocated in NFA lot.
Salva vs. CA, 304 SCRA 632 (1999)
b
Facts: Squatters around
Governor Josephineo
Actual occupants of lot filed forcible entry complaint against relocated families and Mindoro
.Plaintiffsn
R Sato.
a remedy and ordered entry of judgment.a

won in MTC. RTC affirmed. Sato filed notice r of appeal. CA dismissed appeal for
h
being wrong
B Sato filed MR on the ground that MTC
MTC issued writ of execution. Sato filed
C
certiorari
s
and prohibition with CA which was dismissed.
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l
had no jurisdiction because the squatters were relocated on a different lot. CA granted MR and
b
dismissed plaintiffs’ complaint for forcible enrty.
R o assailing jurisdiction of court must raise it at the first

Ruling: SC reversed CA decision – issue of jurisdiction never raised before MTC, RTC and
CA. Raised for the first time in MR..Party
assailed at any stage, a

n a rproceedings. without
opportunity. While an order or decision rendered without jurisdiction is a total nullity and may be
adverse resolution is issued willB

a party’s ACTIVE PARTICIPATION in the
h until anSettled
Cjurisdiction.
questioning the jurisdiction
s bar or estop such party from
attacking the court’s
to secure affirmative relief against his opponent and afterl
e the jurisdiction of the court
rule: a party cannot invoke
such jurisdiction.
o b failing to obtain such relief, repudiate
R April 15, 1968 the defense of lack of

In Tijam vs. Sibonghanoy (G.R. No. L-21450
a n )
a
jurisdiction of the court that rendered the questioned ruling was held to be barred by estoppel r by
h B such a
laches. It was ruled that the lack of jurisdiction having been raised for the first time in a motion to
C e
dismiss filed almost fifteen (15) years after the questioned ruling had been rendered,s
plea may no longer be raised for being barred by laches
b l
o
In Calimlim vs. Ramirez (G.R. No. L-34362 November 19, 1982), despite the fact that the
Rwe refused to apply the ruling
one who benefited from the plea of lack of jurisdiction was the one who invoked the court's
a
jurisdiction, and who later obtained an adverse judgment therein,
n a r
B
in Sibonghanoy. The Court accorded supremacy to the time-honored principle that the
h
issue of jurisdiction is not lost by waiver or by estoppel.
C s
C. Jurisdiction over the issues
l e
o b
1. Authority to try and decide the issues raised by the pleadings of the parties.
R
n
3. An issue not duly pleaded may be tried and decided if no timelya
2. Conferred by the PLEADINGS or EXPRESS CONSENT of the parties.
the parties.
C h objection is made by
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4. In certain cases, as in probate proceedings, jurisdiction over the issues is conferred by

law.
D. Jurisdiction over the res or property in litigation
under legal process of the court.

a r
Acquired by the court over the property or thing in contest, and is obtained by seizure
B ofof legal
s
May result either from the SEIZURE thing under legal process whereby it is brought
over the thing is recognized e

into actual custody of law, or INSTITUTION proceedings whereby the power of the court
b l and made effective..
E. JurisdictionR
o
of Courts
an B a r
1. h
C Supreme Court
e s
A. Original Jurisdiction
b l
1. Exclusive o
Rof writs of certiorari, prohibition, and mandamus against the
an r
Petitions for issuance
following:
B a
C h on Elections En Banc
a. Court of Appeals
s
c. Commission on Audit (Sec. 7, Art. IX-A, 1987e
b. Commission
d. Sandiganbayan
b l Constitution)
e. Court of Tax Appeals En Banc

R o
an r
f. Ombudsman in criminal and non-administrative disciplinary cases
B a
a. with Court of Appealsh
2. Concurrent
s
Cof certiorari, prohibition, and mandamuse against the Civil
1) Petitions for writs
Service Commission
b l
R o
2) Petitions for writs of certiorari, prohibition and mandamus against the National
Labor Relations Commission under the Labor Code (Sec. 9, Batas 129
[1983], as amended by Rep. Act No. 7902n
a G.R. No. 130866, September 16, Bar
[1995], St. Martin’s Funeral Homes
h
vs. National Labor Relations Commission,
1998, 295 SCRA 494)
C e s
l
b. with Court of Appeals and Regional Trial Courts
1) Petitions for habeas corpus and quo warranto
2) Actions brought to prevent and restrain violations of laws concerning b
o Act No.
monopolies and combinations in restraint of trade (Sec. 17, Rep.
R
296 [1948], as amended by Rep. Act No. 5440 [1968])
a n
Ch
c. with Court of Appeals, Sandiganbayan and Regional Trial Courts
1) Petitions for certiorari, prohibition and mandamus relating to an act or
12
omission of a municipal trial court, or of a corporation, a board, an officer

or person
2) Petitions for issuance of writ of amparo (Sec. 3, A.M. No. 07-9-12-SC or
“The Rule on the Writ of Amparo,” effective October 24, 2007)
3) Petitions for issuance of writ of habeas data (Sec. 3, A.M. No. 08-1-16-SC
d.
a r
effective February 2, 2008)
with Regional Trial Courts
B
Actions affecting ambassadors and other public ministers and consuls
es
(Sec. 5[1], Article VIII, 1987 Constitution; Sec. 21[2], Batas Blg. 129 [1983])
b l
o
B. Appellate Jurisdiction
R
1. Ordinary Appeal
an r
From the Court of Appeals, in all criminal cases involving offenses for which the
a
penalty imposed is reclusion perpetua or life imprisonment; or a lesser penalty is
B
Ch
imposed for offenses committed on the same occasion or which arose out of the
e s
same occurrence that gave rise to the more severe offense for which the penalty of
bl
death is imposed (Sec. 13[c], Rule 124, as amended by A.M. No. 00-5-03-SC,
effective October 15, 2004, Sec. 13[b], Rule 124)
R o
an r
2. Petition for Review on Certiorari
a
a. Appeals from Court of Appeals (Sec. 17, Rep. Act No. 296 [1948], as
B
Ch
amended by Rep. Act No. 5440 [1969]; Sec. 5[2], Article VIII, 1987
e s
Constitution; Rule 45, 1997 Rules of Civil Procedure)
b l
b. Appeals from the Sandiganbayan on pure questions of law, except cases
where the penalty imposed is reclusion perpetua, life imprisonment, or death
o
(Sec. 7, Pres. Decree No. 1606 [1979], as amended by Rep. Act No. 8249
R
an r
[1997]; Nunez vs. Sandiganbayan, Nos. L-50581-50617, January 20, 1982,
a
111 SCRA 433; Rule 45, ibid.)
B
Ch
c. Appeals from judgments or final orders of Regional Trial Courts exercising
original jurisdiction in the following:
es
l
1) All cases in which the constitutionality or validity of any treaty, international
o b
or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question;
R
2) All cases involving the legality of any tax, impost, assessment, or toll, or
an a r
any penalty imposed in relation thereto;
B
Ch
3) All cases in which the jurisdiction of any lower court is in issue;
4) All cases in which only an error or question of law is involved. (Sec. 5[2-a,
e s
l
b, c, and e], Article VIII, 1987 Constitution; Sec. 17, Rep. Act No. 296
45, ibid.; Sec. 2[c], Rule 41; Sec. 3[e], Rule 122)
o b
[1948], as amended; Sec. 9[3], Batas Pambansa Blg. 129 [1983]; Rule
R
an
d. Appeals from decisions or final resolutions of the Court of Tax Appeals en
Ch
banc
(Rule 16, Sec. 1, A.M. No. 05-11-07-CTA or “The Revised Rules of the Court of
13
Tax Appeals;” Sec. 1, Rule 45, as amended by A.M. No. 07-7-12-SC dated
December 12, 2007; See also Rep. Act No. 9282 [2004])
3. Petition for certiorari filed within thirty (30) days from notice of the judgment/ final
order/ resolution sought to be reviewed against the following: (Rule 64, 1997
Rules of Civil Procedure)
a r
a. Commission on Elections (Sec. 7, Article IX-A, 1987 Constitution; Aratuc vs.
B
COMELEC, No. L-49705-09, February 8, 1979, 88 SCRA 251)
e s
b. Commission on Audit (Ibid., 1987 Constitution)
2. Court of Appeals l
o b
R
n
a a. Actions for annulment of judgmentsBofaRegional
1. Exclusive r
h
C b. PetitionsBlg. 129 [1983]; Rule 47, 1997s
Trial Courts (Sec. 9[2], Batas
l e Rules of Civil Procedure)
b
for certiorari, prohibition, and mandamus involving an act or omission
o
of a quasi-judicial agency, unless otherwise provided by law (Sec. 4, Rule 65,
R
as amended by A.M. No. 07-7-12-SC dated December 12, 2007)
2. Concurrent n
a Court a r
h
a. with Supreme
Bmandamus against the Civil
C e
1) Petitions for writs of certiorari, prohibition, and s
Service Commission (Rep. Act No. 7902 [1995])
b l
oAct No.under7902the[1995],
2) Petitions for writs of certiorari, prohibition and mandamus against the
R
National Labor Relations Commission Labor Code (Sec. 9, Batas
Homes vs. National Laborn Relations Commission, G.R. No. 130866, r

129 [1983], as amended by Rep. St. Martin’s Funeral
a SCRA 494) B a
C h
September 16, 1998, 295
s
e
b. with Supreme Court and Regional Trial Courts
2) Actions brought to prevent and restrain violationslof laws concerning

1) Petitions for habeas corpus and quo warranto
o b(Sec. 17, Rep. Act No.

R[1968])
monopolies and combinations in restraint of trade
n r
296 [1948], as amended by Rep. Act No. 5440
c. with Supreme Court, Sandiganbayan, and Regional
a Trial Courts
Ba
omission of a municipal trial court,h
1) Petitions for certiorari, prohibition and mandamus relating to an act or
C or of a corporation, a board, an officer,

e s
2) Petitions for issuance of writ of amparo (Sec. 3, A.M. No. 07-9-12-SClor
or person
“The Rule on the Writ of Amparo,” effective October 24, 2007)

o b
R08-1-16- SC,
an
3) Petitions for issuance of writ of habeas data (Sec. 3, A.M. No.
Ch
14
1. Ordinary Appeal
a. Appeals from Regional Trial Courts, except those appealable to the Supreme
Court under
b. Appeals from Regional Trial Courts on constitutional, tax, jurisdictional
questions involving questions of fact which should be appealed first to the
a r
Court of Appeals (Sec. 17, subparagraph 4 of the fourth paragraph of Rep. Act
No. 296 [1948] as amended, which was not intended to be excluded by Sec.
B
9[3], Batas Pambansa Blg. 129 [1983])
es
c. Appeals from decisions and final orders of the Family Courts (Sec. 14, Rep.
l
Act No. 8369 [1997])
b
o
d. Appeals from Regional Trial Courts in criminal cases, where the penalty
R
imposed is reclusion perpetua, or life imprisonment, or where a lesser penalty
an r
is imposed but for offenses committed on the same occasion or which arose
a
out of the same occurrence that gave rise to the more serious offense for
B
Ch
which the penalty of reclusion perpetua or life imprisonment is imposed (Sec.
e s
3[c], Rule 122, as amended by A.M. No. 00-5-03-SC, effective October 15,
l
2004; People vs. Mateo, G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640)
b
e. Direct Appeal from o
R municipal
land registration and cadastral cases decided by
an r
metropolitan trial courts, trial courts, and municipal circuit trial courts
based on their delegated jurisdiction
a
B of the National Labor
2. Petition h
C e s
for certiorari against decisions and final resolutions
Relations Commission (A. M. No. 99-2-01-SC;
b l St. Martin Funeral Homes vs.

National Labor Relations Commission, G.R. No. 13086, September 16, 1998, 295
o
SCRA 494; Torres, et. al. vs. Specialized Packaging Development Corp., et. al.,
G.R. No.149634, July 6, 2004, 433 R
n the Regional Trial Courts impose ther
SCRA 455)
a Rule 122, as amended by A.M. No.B00-5-03-SC, a

3. Automatic review in cases where death
h
penalty (Secs. 3[d] and 10,
4. Petition for review C

effective October 15, 2004; People vs. Mateo, supra)
e s
a. Appeals from Regional Trial Courts in cases decided by the
b lRTC in the exercise
of its appellate jurisdiction (Sec. 22, Batas Blg. 129
Rules of Civil Procedure; Sec. 3[b], Rule 122)
R o [1983]; Rule 42, 1997
a nto the landowners concerned

b. Appeals from decisions of the Regional Trial Courts acting as Special Agrarian
a r
hLeon, G. R. No. 143275, September 10,s B
Courts in cases involving just compensation
C
(Land Bank of the Philippines vs. De
2002, 388 SCRA 537)
l e
c. Appeals from awards, judgments, final orders, or resolutions of, or authorized
o b
by, quasi-judicial agencies in the exercise of their quasi-judicial functions.
Among these are: CSC, GSIS, NEA, CIAC, SEC, DAR, OP, CBAA, BPTTT,
R
ERC, LRA, CAB, BOI, PAEC, SSS, IC, ECC, Voluntary Arbitrator
a n
C h
15
d. Appeals from the Office of the Ombudsman in administrative disciplinary

cases (A.M. No. 99-2-02-SC; Fabian vs. Desierto, G.R. No. 129742,
September 16, 1998, 295 SCRA 470)
3. Court of Tax Appeals

A. Exclusive appellate jurisdiction
a r
B of Internal Revenue in cases involving disputed
assessments, refunds s
1. Decisions of the Commissioner
l e matters arising under the National Internal Revenue or other

of internal revenue taxes, fees or other charges, penalties in
b by the Bureau of Internal Revenue;

relation thereto, or other
o
laws administered
2. Inaction R
n rfees or other charges, penalties in
by the Commissioner of Internal Revenue in cases involving disputed
a a
assessments, refunds of internal revenue taxes,
h
relations
Baction,Revenue,
thereto, or other matters arising under the National Internal Revenue Code or
C deemed a denial;
Revenue Code provides a specific
e s
other laws administered by the Bureau of Internal
period of in which
where the National Internal
case the inaction shall be
b l
3. Decisions, orders or resolutionso
R exercise of their original or appellate jurisdiction;
of the Regional Trial Courts in local tax cases originally
n of Customs in cases involving liability r for customs duties,

decided or resolved by them in the
a a
Bofmatters
h charges, seizure, detention or release
4. Decisions of the Commissioner
forfeitures C
fees or other money
e
or other penalties in relation thereto, or others property affected, fines,
l
arising under the
b
Customs Law or other laws administered by the Bureau of Customs;
5. Decisions of the Central Board of Assessment

R o Appeals in the exercise of its appellate
decided by the provincial or city boardn r

jurisdiction over cases involving the assessment and taxation of real property originally
a a
of assessment appeals;
6. Decisions of the Secretary of h Finance on customs cases elevated to him B

for review from decisions C of the Commissioner of Customs which aresadverse to the
automatically
l e
b
Government under Sec. 2315 of the Tariff and Customs Code;
commodity or article, and the Secretary of Agriculture in R

7. Decisions of the Secretary of Trade and Industry, in the case o of nonagricultural product,
nand safeguard r
the case of agricultural product,
a a
commodity or article, involving dumping and countervailing duties under Sec. 301 and
appeal the decision to impose or not to B

Ch
302, respectively, of the Tariff and Customs Code, measures under
s
Republic Act No. 8800, where either party may
impose said duties.
l e
B. Jurisdiction over cases involving criminal offenses: b
o of the
National Internal Revenue Code or Tariff and Customs Code and othern
R
1. Exclusive original jurisdiction over all criminal offenses arising from violations
a laws administered
h
by the Bureau of Internal Revenue or the Bureau of Customs: Provided, however, That
C
offenses or felonies mentioned in this paragraph where the principal amount of taxes and
16
fees, exclusive of charges and penalties, claimed is less than One million pesos
(P1,000,000.00) or where there is no specified amount claimed shall be tried by the regular
courts and the jurisdiction of the CTA shall be appellate. Any provision of law or the Rules of
Court to the contrary notwithstanding, the criminal action and the corresponding civil action
for the recovery of civil liability for taxes and penalties shall at all times be simultaneously
instituted with, and jointly determined in the same proceeding by the CTA, the filing of the
a r
criminal action being deemed to necessarily carry with it the filing of the civil action, and no
right to reserve the filling of such civil action separately from the criminal action will be
recognized.
B
es
l
2. Exclusive appellate jurisdiction in criminal offenses
b
R o
a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax
cases originally decided by them, in their respected territorial jurisdiction.
an B ar
b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial
Ch s
Courts in the exercise of their appellate jurisdiction over tax cases originally decided by the
e
Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in their
respective jurisdiction.
b l
o
C. Jurisdiction over tax collection cases
R
a ncharges and penalties: Provided, however, a rThat collection cases
1. Exclusive original jurisdiction in tax collection cases involving final and executory
B and penalties, claimed is

assessments for taxes, fees,
h s
where the principal amount of taxes and fees, exclusive of charges
Metropolitan TrialC e
less than One million pesos (P1,000,000.00) shall be tried by the proper Municipal Trial Court,
Court and Regional Trial Court.
b l
o
2. Exclusive appellate jurisdiction in tax collection cases:
R
anin their respective territorial jurisdiction.
a r
a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax
B
collection cases originally decided by them,
C h s
b. Over petitions for review of the judgments, resolutions or orders of the
decided by the Metropolitan Trial Courts, Municipal Trial Courts and l

Courts in the Exercise of their appellate jurisdiction over tax collection e cases originally
Regional Trial
o
Courts, in their respective jurisdiction. (Sec. 7, RA 1125, amended by bRA 9282)
Municipal Circuit Trial
R
4. Sandiganbayan
a n a r
B
Ch e s
1. Exclusive
b l
and Chapter II, Sec. 2, Title VII of Revised Penal Code; andR
o
a. Violation of Rep. Act No. 3019 [1960] (Anti-Graft), Rep. Act No. RA 1379 [1955]
anand
other offenses
committed by public officials and employees in relation to their office, and
including those employed in government-owned orh

private individuals charged as co-principals, accomplices, accessories
C –controlled corporations,
17
where one or more of the accused are officials occupying the following
positions in government, whether in a permanent, acting, or interim capacity, at
the time of the commission of the offense:
a. Officials of the Executive Branch xxx classified as salary
r
grade “27” or higher xxx specifically including xxx
b.
B aMembers of Congress xxx
esc. Members of the Judiciary xxx
b l d. Members of Constitutional Commissions xxx
o
e. All other national and local officials classified as salary
R
grade “27” and higher
anInjurisdiction a r the above positions, the original

B Regional
cases where none of the accused is occupying
C h s
shall be vested in the proper Trial Court or Metropolitan Trial
Court, etc., as the case may
l e
be, pursuant to their respective jurisdictions. (Sec.
b
2, Rep. Act No. 7975 [1995], as amended by Rep. Act No. 8249 [1997]
In cases where there iso

Rto the public office of the accused, the original jurisdiction
no specific allegation of facts showing that the offense was
n
committed in relation
a a r
B
shall also be vested in the proper Regional Trial Court or Metropolitan Trial Court,
C h s
etc., as the case may be. (Lacson vs. Executive Secretary, G.R. No. 128096,
b. Civil and criminal cases filed pursuant to and e

January 20, 1999, 310 SCRA 298)
b lNo.in7975
connection with Executive Order
o
Nos. 1, 2, 14, and 14-A. (Sec. 2, Rep. Act [1995] as amended by Rep.
c. Violations of Rep. Act No. 9160, orR

Act No. 8249 [1997]).
a n “Anti-Money Laundering Act of 2001,” as

amended by Rep. Act No. 9194, when committed by public officers and private
a r
h
persons who are in conspiracy with such public officers. B
C e s
2. Concurrent with Supreme Court
b l
o
Petitions for issuance of writs of certiorari, prohibition, mandamus, habeas corpus,
R Order Nos. 1, 2, 14, and

and injunction and other ancillary writs in aid of its appellate jurisdiction, including
n r
quo warranto arising in cases falling under said Executive
a
14-A. (Ibid., as amended by Rep. Act No. 8249 [1997])
Ba
C h and Regional Trial Courts s
e
3. Concurrent with Supreme Court, Court of Appeals
a. Petitions for writ of amparo and writ of habeas data when action concerns public
data files of government offices (Sec. 3, A.M. No. 07-9-12-SC or “The Rule
b onl
the Writ of Amparo,” effective October 24, 2007; Sec. 3, A.M. No. o
R
08-1-16-SC,
b. Petitions for certiorari, prohibition, and mandamus, relating ton

a (Sec. 4, Rule 65,

an act or omission
C
as amended by A.M. No. 07-7-12-SC dated December 12, 2007) h
of a Municipal Trial Court, corporation, board, officer, or person
18
Decisions and final orders of Regional Trial Courts in the exercise of their original or
appellate jurisdiction under Pres. Decree No. 1606 [1979], as amended, shall be
appealable to the Sandiganbayan in the manner provided by Rule 122 of the Rules of
r
Court. (Sec. 5, Rep. Act No. 8249 [1997])
a
5. Regional Trial Courts
B
es
1. Civil
b l
R o
a. Exclusive
an r
1) Subject of the action not capable of pecuniary estimation;
a
B of a SUM OF MONEY, the claim is
h
Actions not capable of pecuniary estimation
C considered capable of pecuniary estimation

1. Where it is primarily for the s
e – jurisdiction, whether in the MTC or RTC,
recovery
would depend on the AMOUNT b

l
o
of the claim.
R
n r
2. Where the basic issue is other than the right to recover a sum of money, or
a
where the money claim is purely
a
incidental to, or a consequence
B
of the principal relief
Ch
sought, the subject of litigation may not be estimated in terms of money – jurisdiction
exclusively of RTC.
e s
Exs. expropriation
b l
specific performance
R o
n r
support
foreclosure of mortgage
a B a
h
Cthe validity of a mortgage
annulment of judgment
s
actions questioning
l e
annulment of deed of conveyance
rescission
o b
R
estimation, the law specifically mandates that they a
3. While actions under Sec. 33(3) of B.P. 129 n are also incapable of pecuniary
a r
h real property involved does nots B
are cognizable by the MTC, METC, or
MCTC where the assessed value of the
C e
l
1
exceed P20,000.00 in Metro Manila, or P50,000.00, if located elsewhere.
o b
R
1
Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts
Circuit Trial Courts shall exercise:

a n
in civil cases. - Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Trial Courts, and Municipal
xxx
C h
19
(Russel vs. Vestil, G.R. No. 119347, March 17, 1999).
2) Actions involving title to, or possession of real property or any interest therein
- where assessed value of property exceeds P20,000.00 (P50,000.00 in Metro
Manila), excluding forcible entry and unlawful detainer
a r
3) Actions in admiralty and maritime jurisdiction – where demand or claim exceeds
P300,000.00 (P400,000.00 in Metro Manila)
B and intestate - where. gross value of estate exceeds
s
4) Matters of probate, testate
l e
P300,000.00 (P400,000.00 in Metro Manila)
bjudicial or quasi-judicial functions.

5) Cases not within exclusive jurisdiction of any court, tribunal, person or body
o
R
exercising
n ror value of property in controversy –

6) All other cases where demand – exclusive of interests, damages of whatever kind,
aattorney’s a
exceeds P300,000.00 (P400,000.00 in B
fees, litigations expenses and cost,
h
C Regulation Code. s
Metro Manila)
7) Additional original
l
jurisdiction
e transferred under Sec. 5.2. of the Securities
8) Application for issuance ofb
R o property rights (Sec. 3, A.M. No. 02-1-06-SC,

infringement of intellectual
writ of search and seizure in civil actions for
of n r Act of 2001,” as
9) Violations a Rep. Act No. 9160 or “Anti-Money Launderinga
h B
C s
amended by Rep. Act No. 9194.
l e
b
b. Concurrent
Actions affecting ambassadors o

1) with Supreme Court
21[1], Batas Blg. 129 [1983])R

and other public ministers and consuls (Sec.
2) with Supreme Court and Courtn r

a of Appeals
B a
h
Petitions for habeas corpus and quo warranto (Sec. 5 [1], Article
C s
le
VIII, 1987 Constitution)
a) Petitions for certiorari, prohibition, and mandamus,b

3) with Supreme Court, Court of Appeals, and Sandiganbayan
oboard, officer, or person

if they relate to an act
(Sec. 4, Rule 65, as amended by A.M. No.R

or omission of a municipal trial court, corporation,
12, 2007)
a n 07-7-12-SC, dated December
a r
B
Ch
b) Petitions for writ of amparo and writ of habeas data (Sec. 3, A.M. No. 07
9-12-SC or “The Rule on the Writ of Amparo,” effective October 24,
e s
b l
R o
(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of real property, or
any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand
a n
pesos (P20,000.00) or in civil actions in Metro Manila, where such assessed value- does not exceed Fifty thousand
pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs:
C h
20
2007; Sec. 3, A.M. No. 08-1-16-SC, effective February 2, 2008)

4) with metropolitan trial courts, municipal trial courts, and municipal circuit trial
courts
Application for Protection Order under Sec. 10, Rep. Act No. 9282, unless
there is a Family Court in the residence of petitioner.
5) with Insurance Commission
a r
Claims not exceeding PhP 100,000.00 (Sec. 416, Insurance Code [1974],
B
Pres. Decree No. 612 [1975]. Applicable if subject of the action is not
es
capable of pecuniary estimation; otherwise, jurisdiction is concurrent with
b l
Metropolitan Trial Court, etc.
o
2. Criminal
R
a. Exclusive
an r
Criminal cases not within the exclusive jurisdiction of any court, tribunal, or
a
body. (Sec. 20, Batas Blg. 129 [1983]). These include criminal cases where
B
Ch
the penalty provided by law exceeds six (6) years imprisonment irrespective
e s
of the fine. (Rep. Act No. 7691 [1994]). These also include criminal cases not
bl
falling within the exclusive original jurisdiction of the Sandiganbayan, where
none of the accused are occupying positions corresponding to salary grade
o
“27” and higher. (Rep. Act No. 7975 [1995] and Rep. Act No. 8249 [1997]).
R
an r
But in cases where the only penalty provided by law is a fine, the Regional
a
Trial Courts have jurisdiction if the amount of the fine exceeds PhP 4,000.
B
Ch
(Rep. Act No. 7691 [1994] as clarified by Administrative Circular No. 09-94
dated June 14, 1994).
e s
b l
o
respective territorial jurisdictions. R
All cases decided by lower courts (metropolitan trial courts, etc.) in their
a n (Sec. 22, Batas Blg. 129 [1983])

a r
6. Family Courts h B
C e s
A. Exclusive and Original Jurisdiction
b l
1. Criminal cases where one or more of the accused is o
R oneProvided,
below eighteen (18) years
n r
of age but not less than nine (9) years of age, when or more of the victims is
a
a minor at the time of the commission of the offense: That if the minor
a
h The sentence, however, shall bes B
is found guilty, the court shall promulgate sentence and ascertain any civil
C
suspended without need of application pursuant to Presidential Decree e
liability which the accused may have incurred.
1903, otherwise known as “The Child and Youth Welfare Code;” (RA 8369
b l No.
[Family Courts Act of 1997])

R o
an
2. Petitions for guardianship, custody of children, habeas corpus in relation to the
latter; (Sec. 3, A.M. No. 03-04-04-SC, effective May 15, 2003; Sec. 3, A.M. No.
Ch
03-02-05-SC, effective April 15, 2003)
21
3. Petitions for adoption of children and the revocation thereof; (Secs. A.20 and
B.28, A.M. No. 02-6-02-SC, effective August 22, 2002; See also Rep. Act No.
9523 or “An Act Requiring Certification of the Department of Social Welfare and
Development to Declare A Child ‘Legally Available for Adoption’ as a Prerequisite
for Adoption Proceedings, Amending for this Purpose Certain Provisions of
a r
Republic Act No. 8552, otherwise known as The Domestic Adoption Act of 1998,
Republic Act No. 8043, otherwise known as The Inter-Country Adoption Act of
B
1995, Presidential Decree No. 603, otherwise known as The Child and Youth
es
Welfare Code, and for Other Purposes,” approved on March 12, 2009)
4.
l
Complaints for annulment of marriage, declaration of nullity of marriage, and
b
o
those relating to marital status and property relations of husband and wife or
R
those living together under different status and agreements, and petitions for
a5.n r
dissolution of conjugal partnership of gains; (Sec. 2, A.M. No. 02-11-10-SC,
effective March 15, 2003)
B a
Ch
Petitions for involuntary commitment of a child, for removal of custody against
e s
child-placement or child-caring agency or individual, and for commitment of
2002)
bl
disabled child; (Secs. 4[b], 5[a][ii], 6[b], A.M. No. 02-1-19-SC, effective April 15,
6.
R o
Cases against minors cognizable under Rep. Act No. 9165, or “The
Comprehensive Dangerous Drugs Act of 2002;” (See also A.M. No. 07-8-2-SC,
an
effective November 5, 2007)
Ba r
Ch
7. Violation of Rep. Act No. 7610 [1991], otherwise known as the “Special Protection
s
of Children Against Child Abuse, Exploration and Discrimination Act,” as
e
9231 [2003];
b l
amended by Rep. Act No. 7658 [1993] and as further amended by Rep. Act No.
R o
8. (RA 9775 [Anti-Child Pornography Act of 2009]
9. Cases of violence againsta

n
women and their children under Rep. Act a
r
otherwise known ash BAct; Act of
No. 9262,
2004,” includingC s
“Anti-Violence Against Women and their Children
le is required
applications for Protection Order under the same
under Sec. 1, Rule 112 of Revised Rules on Criminalb

10 Criminal cases involving juveniles if no preliminary investigation
Ro
Procedure (Sec. 1, A.M.
No. 02-1-18-SC, effective April 15, 2002)
a n a r
7. Municipal Trial Courts/ Metropolitan Trial Courts
h B
C e s
A .Original Jurisdiction
b l
1. Civil
R o
n
a. Exclusive
a
1) Actions involving personal property valued at not more than PhP 300,000.00
(PhP 400,000.00 in Metro Manila)
C h
22
2) Actions demanding sums of money not exceeding PhP 300,000.00 (Php

4000,000.00 in Metro Manila); in both cases, exclusive of interest,
damages, attorney’s fees, litigation expenses and costs, the amount of
which must be specifically alleged, but the filing fees thereon shall be paid.
These include admiralty and maritime cases;
a r
3) Actions involving title or possession of real property where the assessed value
does not exceed PhP 20,000.00 (Php 50,000.00 in Metro Manila);
B
4) Provisional remedies in principal actions within their jurisdiction, and in proper
es
cases, such as preliminary attachment, preliminary injunction,
b l
appointment or receiver and delivery of personal property; (Rule 57, 58,
o
59, and 60)
R
5) Forcible entry and unlawful detainer, with jurisdiction to resolve issue of
an r
ownership to determine issue of possession;
a
6) Probate proceedings, testate or intestate, where gross value of estate does
B
Ch
not exceed PhP 300,000.00 or in Metro Manila PhP 400,000.00; (Sec.
e s
33, Batas Blg. 129 [1983] as amended by Rep. Act No. 7691 [1994])
bl
7) Inclusion and exclusion of voters. (Sec. 38, Batas Blg. 881, Omnibus
Election Code of the Philippines [1985]).
R o
a and land registration cases assignedBaby rSupreme Court where
n
b. Delegated
h is no controversy or opposition and sin contested lots valued at more

Cadastral
Cthere
than PhP 100,000 (Sec. 34, Batas Blg. 129
l e [1983] as amended by Rep. Act
No. 7691 [1994])
o b
R
n r
c. Special
a in the absence of all Regional Trial Court a

B judges.
h
Petition for habeas corpus
C
(Sec. 35, Batas Blg. 129 [1983])
e s
2. Criminal
b l
a. Exclusive
Ro
n
1) All violations of city or municipalaordinances committed within their a r
B
Ch s
respective territorial jurisdictions;
2) All offenses punishable with imprisonment of not more than six (6) l
e
o
irrespective of the fine and regardless of other imposable accessory b or
years
R
other penalties and the civil liability arising therefrom; provided, however,
n
a 32, Batas Blg. 129
that in offenses involving damage to property through criminal negligence,
Ch
they shall have exclusive original jurisdiction. (Sec.
[1983] as amended by Rep. Act No. 7691 [1994])
23
3) All offenses committed not falling within the exclusive original jurisdiction
of the Sandiganbayan where none of the accused is occupying a
position corresponding to salary grade “27” and higher. (As amended
by Rep. Act No. 7975 [1995] and Rep. Act No. 8249 [1997])
a r
4) In cases where the only penalty provided by law is a fine not exceeding
B
PhP 4,000, the Metropolitan Trial Courts, etc. have jurisdiction.
es
(Administrative Circular No. 09-94, dated June 14, 1994)
bl
o
b. Special
R35,Applications
n r
for bail in the absence of all Regional Trial Court judges. (Sec.
a Batas Blg. 129 [1983])
B a
C h
8. Shariah Courts
s
l e
Presidential Decree (P.D.) No.b
jurisdiction over the settlement ofo
1083 created the Shari’a Courts, which have limited
R FamilyFilipinos.
issues, controversies or disputes pertaining to the civil
nDespite the seeming exclusivity r and similar laws

relations between and among Muslim Specifically, these controversies require the
Courts with regard to h

applicable only to Muslims. a
interpretation of laws on Persons, Relations,
of the a
Succession, Contracts,
BCourt retains the power of

jurisdiction of the Shari’a
C
controversies involving Muslims, the Supreme
e s
l
review orders of lower courts through special writs (R.A. 6734, Art. IX, Sec.1). This review
b
extends to decisions made by the Shari’a Courts
Ro
Procedure and Barangay Conciliation n r
F. Jurisdiction over small claims; cases covered by the rules on Summary
a B a
h
C effective October 1, 2008) e s
l
Small Claims Cases (A.M. No. 08-8-7-SC,
All actions which are: (a) purely civil in nature where the claimo
b
R
of relief prayed for by the
n r
plaintiff is solely for payment or reimbursement or sum of money, and (b) the civil aspect of the
Hundred Thousand Pesos (P100,000.00), exclusive ofh

the Revised Rules of Criminal Procedure, where the value a
criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of
of the claim does not exceed One
Ba
C
interest and costs.
e s
b l
o
Rule on Summary Procedure
R
A. Civil Cases
n
a of damages or
unpaid rentals sought to be recovered. Where attorney's fees areh
1. All cases of forcible entry and unlawful detainer, irrespective of the amount
C awarded, the same shall
24
not exceed twenty thousand pesos (P20,000.00).

2. All other cases, except probate proceedings, where the total amount of the plaintiff's claim
does not exceed one hundred thousand pesos (P100,000.00) or, two hundred thousand
pesos (P200,000.00) in Metropolitan Manila, exclusive of interest and costs." (A.M. No.
02-11-09-SC, which took effect on November 25, 2002)
a r
B
B. Criminal Cases:
es
1. Violations of traffic laws, rules and regulations;
l
2. Violations of the rental law;
b
o
3. Violations of municipal or city ordinances;
R
4. Violations of Batas Pambansa Bilang 22 (Bouncing Checks Law) (A.M. No. 00-11
01-SC,n
a which took effect on March 30, 2003)
a r
h B or a fine not exceeding one
5. All other criminal cases where the penalty prescribed by law for the offense
C charged is imprisonment not exceeding
e s
six months,
thousand pesos (P1,000.00), or both,lirrespective of other imposable penalties,
o b
R to property through criminal negligence, this
accessory or otherwise, or of the civil liability arising therefrom: Provided, however,
n
that in offenses involving damage
a the imposable fine does not exceed B tena

r
(P10,000.00). h
Rule shall govern where thousand pesos
C e s
b l
Barangay Conciliation
R o
a n and now replaced by Secs. 399-422,aChapter
All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang
r
VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known B
h
Pambarangay Law [formerly P. D. 1508, repealed
Government Code of 1991], and prior recourse thereto is a pre-conditionsbefore filing a

as the Local
C
complaint in court or any government offices, except in the following disputes:e
b l
Ro
[1] Where one party is the government, or any subdivision or instrumentality
thereof;
a n and the dispute relates to the ar

h B
[2] Where one party is a public officer or employee
C s
performance of his official functions;
[3] Where the dispute involves real properties located in different cities and
l eto
municipalities, unless the parties thereto agree to submit their difference
amicable settlement by an appropriate Lupon;
o b
R
n
a proceedings either
[4] Any complaint by or against corporations, partnerships or juridical entities,
Ch
since only individuals shall be parties to Barangay conciliation
25
as complainants or respondents [Sec. 1, Rule VI, Katarungang Pambarangay

Rules];
[5] Disputes involving parties who actually reside in barangays of different cities
or municipalities, except where such barangay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by an
appropriate Lupon;
a r
B orthea law
s
[6] Offenses for which prescribes a maximum penalty of imprisonment
e
exceeding one [1] year fine of over five thousand pesos (P5,000.00);
[7] Offenseslwhere there is no private offended party;

o b
R
[8] Disputes where urgent legal action is necessary to prevent injustice from
a n a r
being committed or further continued, specifically the following:
h B is under police custody or detention

C [See Sec. 412 (b) (1), e
[a] Criminal cases where s accused
b l Revised Katarungang Pambarangay Law];
R o
[b] Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived of or on acting in his
a n
behalf;
a r
h Bpropertysuchand assupport
C the pendency of the action; and es
[c] Actions coupled with provisional remedies preliminary
injunction, attachment, delivery of personal during
b l
Ro
[d] Actions which may be barred by the Statute of Limitations.
a nthe President may determine in the ainterest r of

h B
[9] Any class of disputes which
C s
justice or upon the recommendation of the Secretary of Justice;
l e Reform Law
b
[10] Where the dispute arises from the Comprehensive Agrarian
o
(CARL) [Secs. 46 & 47, R. A. 6657];
R
nover conciliation r
[11] Labor disputes or controversies arising from employer-employee relations
a a
[Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended,
offices of the Department of Labor B

Ch
which grants original and exclusive jurisdiction and mediation of
s
disputes, grievances or problems to certain
and Employment];
e
l in
b
Ro
[12] Actions to annul judgment upon a compromise which may be filed directly
court [See Sanchez vs. Tupaz, 158 SCRA 459].
a n
Ch
G. Totality Rule [Note: This is out of place here]
26
STAGES IN CIVIL PROCEDURE
I. BEFORE FILING 0F THE ACTION
A. Actions in general
a r
1. Cause of action
B
es
l
2. Right of action
B. Parties
o b
1. Parties inR
an r
general
B a
C3.hRequirements
2. Kinds of parties
e s
a. legal capacity
bl
b. real party in interest
R o
c. standing to sue
an Ba r
C h
4. Joinder of parties
s
l e
b
a. joinder of initial parties
1) compulsory
R o
2) permissive
a n a r
B
Ch s
b. third (fourth, etc.) party
c. special joinder modes

l e
1) class suit
o b
R
an r
2) intervention
Ba
Ch
3) interpleader
e s
l
C. Referral to barangay conciliation
D. Selection of court
o b
R
an
1. Kinds of civil actions
Ch
a. Ordinary and special
27
b. Personal, real
c. In personam, in rem, quasi-in rem
d. Local and transitory
2. Hierarchy of courts
a r
3. Jurisdiction
B
es
l
4. Venue
o
5. Summary procedureb
R and notice
an in general r
E. Pleadings, motions
B a
Ch
1. Pleadings
a. Formal requirements
e s
1) Verification
bl
R o
2) Certification of non-forum shopping
an
b. Manner of making allegations in pleadings
Ba r
2. Complaint
C h s
l e
b
a. Joinder of causes of action
1) Permissive
R o
2) Compulsory
a n a r
h B
C s
3. Filing and service of pleadings and other papers
l e
II. FILING OF THE ACTION
o b
R
an r
A. Commencement of the action
Ba
Ch
B. Docket fees
e s
l
C. Raffle of cases
D. Provisional remedies, if necessary

o b
R
an
Ch
III. COURT ACQUIRES JURISDICTION OVER THE PARTIES
28
A. Summons
1. Modes of Service of Summons
a. personal service
b. substituted service
a r
B
c. constructive service (by publication)
es
l
d. extraterritorial service
o b
B. Voluntary appearance
R
an B ar
h
IV. INCIDENTS AFTER COURT ACQUIRES JURISDICTION OVER THE PARTIES
C
A. Plaintiff’s notice and motions
e s
b
1. notice of dismissal of the complaintl under Rule 17, Section 1
2. amended complaint under o
R Rule 10, Section 2
ana supplemental complaint under RuleB10,
3. motion for leave to file
arSection 6
C h defendant in default under Rule 9, Section
4. motion to declare
s 3
l e
b9, Section 3
B. Defendant’s motions
o
R pleading under Rule 11, Section 11
1. motion to set aside order of default under Rule
a n
2. motion for extension of time to file responsive
a r
h B
C s
3. motion for bill of particulars under Rule 12
4. motion to dismiss complaint under Rule 16

l e
o b
R
V. JOINDER OF ISSUES
a n a r
A. Plaintiff’s motions and pleadings
h B
C e s
l
1. Motions
a. To dismiss complaint under Rule 17, Sec. 2

o b
R
n
b. To amend or supplement complaint under Rule 17, Secs. 3 and 6
a
h
c. For judgment on the pleadings under Rule 34
29
e. For summary judgment under Rule 35
f. To set pre-trial
2. Pleadings
a. Reply
a r
b. Answer to counterclaim
B
es
l
3. Others
a.
o
Pre-trial briefb
B. Defendant’sR motion and pleading
an B a r
h
1. Motion
a. Motion to dismiss complaint due to faultsof plaintiff under Rule 17, Sec. 3
C e
2. Pleading
b l
R o
a. Answer with or without counterclaim
3. Others
a n a r
h B
C
a. Pre-trial brief
e s
VI. PRE-TRIAL
b l
A. Plaintiff’s motions o
Rjudgment
a n
1. To present evidence ex parte and render
a r
h B
s
B. Defendant’s motion
C e
1. Motion to dismiss
b l
C. Common motions
R o
1. To postpone
a n a r
2. For consolidation or severance
h B
C e s
l
3 For trial by commissioner
D. Joinder
o b
R
n
1. Joinder of claims or causes of action
a
h
2. Joinder of parties
30
VII. DEPOSITIONS AND DISCOVERY
A. Depositions
B. Interrogatories to parties
a r
C. Admission by adverse party
B
es
l
D. Production or inspections of documents or things
o b
E. Physical and mental examination of persons
R
an B a r
h
VIII. TRIAL
C e s
A. Amendment to conform to or authorize presentation
of evidence under Rule 10, Sec. 5 l

o b
R
IX. AFTER TRIAL BUT BEFORE n
a JUDGMENT a r
A. Common motionh B
C e s
1. To submit memorandum
b l
B. Defendant’s motion
R o
a n
1. For judgment on demurrer to evidence
a r
h B
C es
X. JUDGMENT
b l
R o
XI. AFTER JUDGMENT
a n a r
A. Common motions
h B
C e s
l
1. For reconsideration
2. For new trial

o b
R
a n
h
XII. APPEAL AND REVIEW
31
A. Before finality
1. Ordinary appeal
2. Petition for review
3. Petition for review on certiorari
a r
B. After finality
B
es
l
1. Petition for certiorari
o b
2. Petition for relief from judgment
Rannulment of judgment
an r
3. Petition for
B a
C h s
XIII. EXECUTION AND SATISFACTION OF JUDGMENT
l e
A. In general
o b
1. Kinds of execution
R
a. Mandatory
a n a r
h B
C
b. Discretionary
e s
B. Procedure for execution
b l
1. In case of death of party
R o
2. Of judgments for money
a n a r
3. Of judgments for specific acth B
C es
4. Of special judgments
b l
C. Execution sales
R o
1. Sales on execution
a n a r
2. Conveyance of property sold on execution
h B
C e s
l
3. Redemption of property sold on execution
E. Satisfaction of judgment
o b
R
a n
h
XIII. SPECIAL CIVIL ACTIONS
32
III. Civil Procedure
A. Actions
a r
B
1. Meaning of ordinary civil actions
s
Civil action – one by which a party sues another for the enforcement or protection of a
e
l
right, or the prevention or redress of a wrong (Rule 1, Sec. 3)
b
R o
May either be ordinary (Rules 1-56) or special (Rules 62-71); both are governed by the rules
an r
for ordinary actions, subject to the specific rules prescribed for special civil actions.
B a
2. h
s
C One by which a party sues another efor the enforcement or protection of a right, or the
Meaning of special civil actions
prevention or redress of a wrong, l

b but subject to specific rules. Examples: interpleader,
Ro forcible entry, unlawful detainer and contempt

declaratory relief, certiorari, prohibition, mandamus, quo warranto, eminent domain,
foreclosure or mortgage, partition, .
a n a r
h actions B
C s
3. Meaning of criminal
One by which the State prosecutes a person for an act
l eor omission punishable by law.
o b
4. Civil actions versus Special proceedings
Special proceedings – a remedy byn
R
which a party seeks to establish a status,r
a B a a right
or a particular fact.
C h s
l e venue]
5. Personal actions and real actions [distinction important in determining
o b
R
Kinds of civil action (As to cause or foundation)a
n a r
h B
C e s
a. personal
b l
R
Seeks the recovery of personal property, enforcement of a contract or the recovery ofo
damages.
n
abe found, or where
h
Venue: place where defendant or any of defendants resides or may
C
plaintiffs or any of plaintiffs resides, at the election of plaintiff.
33
Transitory – may be filed in any place or places where parties may reside.
b. real
Seeks the recovery of real property, or an action affecting title to property or for recovery of
r
possession, or for partition, or condemnation of, or foreclosure of mortgage on real property.
a
Venue: province or city where property or any part
B
s
thereof lies.
l e
Local – may be filed in a fixed place, where property or any part thereof lies.
o b
R
a n
6. Local and transitory actions
a r
h BEx. Real action.
Local Action- One which is required by the Rules to be instituted in a particular place in
C the absence of an agreement to the

e s
contrary.
Transitory- One the venue of which l
bof action arose. Ex. Personal action.
is dependent generally upon the residence of the
o
parties regardless of where the cause
R
7. Actions in rem,n r important in
service of summons] a a
in personam and quasi in rem [distinction
B
Ch e s
Kinds of civil action (As to object)
b l
a. in personam
R o
Action against a person on the basis of his personal liability, or one affecting ther
n
a B a parties
C h
alone, not the whole world, and the judgment thereon is binding only against
s
the parties
Exs. forcible entry or unlawful detainer, recover ownership of land,e

properly impleaded.
b l recover damages,
o
specific performance.
R
b. in rem
a n a r
h B
C
Action against the res or thing itself, instead of against the person. s
ean
A real action may at the same time be an action in personam and not necessarily
b l
o
action in rem.
R Seeks
In rem – to determine title to land, and the object of the suit is to bar indifferently all who
might be minded to make an objection against the right sought to be established.
judgment with respect thereto against the whole world.
a n
C h
34
In personam – concerns only the right, title and interest of the parties to the land, not
the title of the land against the whole world.
Exs. probate proceeding, cadastral proceeding, action affecting personal status of
plaintiff (Rule 14, Sec. 15), insolvency proceeding, land registration proceeding (not
necessary to give personal notice to owners or claimants to vest court with jurisdiction -
r
publication of notice brings in the whole world as a party in the case and vests court with
a
jurisdiction to hear and decide the case).
B
Contrast: in personam (a) cases involving auction sale of land for collection of
s
delinquent taxes are in personam – mere publication of notice not sufficient; (b) action to
e
l
redeem, recover title to or possession of real property (not an action against the whole
world).
o b
c. quasi inR
n r
rem
a a
B is named as defendant, and purpose of
C h Differs from true action in rem – individual
s
is to subject his interest
e
Neither strictly in personam nor inlrem but it is an action in personam where a res is
proceeding therein to the obligation or lien burdening the property.
affected by the decision.

o b
Exs. partition, accountingR under Rule 69 – actions essentially for the purpose of affecting
defendant’s interest in then r him (Valmonte vs.
a a
property and not to render a judgment against
h B
CA, 252 SCRA 92 [1996]).
C e s
B. Cause of Action
b l
1. Meaning of cause of action
R o
a n a
Cause of action defined - a cause of action is the act or omission by which a party violates r
a right of another (Rule 2, Sec. 2).
h B
C e s
Elements of cause of action:
b l
1. legal right of plaintiff
o
R such right
n of plaintiff constituting a breach ar
2. corresponding obligation of defendant to respect or not to violate
a
3. act or omission of defendant which violates the legal right
B
Ch
of the obligation of defendant to plaintiff
e s
2. Right of Action versus Cause of action
b l
R o
1. Cause of action
a n
h
a. reason for bringing an action
C
b. formal statement of the operative facts that give rise to remedial rights.
35
c. matter of procedure and is governed by the pleadings filed by the parties

d. not affected by affirmative defenses (fraud, prescription, estoppel, etc.)
2. Right of action
a. remedy for bringing an action
r
b. the remedial right to litigate because of the operative facts
a
B
c. matter of right and depends on substantive law
s
d. affected by affirmative defenses (fraud, prescription, estoppel, etc.)
e
b l
o
3. Failure to state a cause of action
R
an
Elements of a Cause of Action
a r
Bare present:
C h s
A cause of action exists if the
l
following
e means and under whatever law it arises or is
elements
created;
o b
1) a right in favor of the plaintiff by whatever
2) an obligation on the partR

n rright of the plaintiff or
of the named defendant to respect or not to violate such right;
3) act or omission onathe part of such defendant violative of the a

and
constituting a breach h
B
C e s
of the obligation of the defendant to the plaintiff for which the latter may
maintain an action for recovery of damages. (Parañaque Kings
Appeals, G.R. No. 11538; February 16, 1997.)
b l Enterprises, Inc. vs. Court of
of what appears on the face and within the fourR

o
The fundamental test for failure to state a cause of action is whether, admitting the veracity
the relief prayed for. Stated otherwise, mayn rfacts

corners of the complaint, plaintiff is entitled to
athetheSUFFICIENCY,
court render a valid judgment upon the
a
Bit can be
allegations. If the allegations in theh
alleged therein? Indeed, the inquiry is into not the veracity of the material
s
C regardless of the defenses that maye be presented by
complaint furnish sufficient basis on which
maintained, it should not be dismissed
defendants. (AC Enterprise vs. Frabelle Properties Corp., G.R. No. 166744,
b l November 2,
2006,).
R o
anALLEGED in the complaint. Only Bar
4. Test of the sufficiency of a cause of action
issue: ADMITTING such alleged facts TO BE h

How to determine cause of action – by the FACTS
Ccomplaint?
TRUE, may the court render a VALID
e s
l
JUDGMENT in accordance with the prayer in the
ATTACHED to the complaint may be considered, they being part of the complaint. b
In determining whether the complaint states a cause of action, the ANNEXES
Ro
n
5. Splitting a single cause of action and its effects
a
Ch
Rule 2, Sec. 4. Splitting a single cause of action; effect of.
36
If two or more suits are instituted on the basis of the same cause of action, the filing of one
or a judgment upon the merits in any one is available as a ground for the dismissal of the
others.
Basic rule in filing of action (Rule 2, Secs. 3-4)
a r
1. For one cause of action (one delict or wrong), file only ONE ACTION or suit.
B
Generally, NO SPLITTING A SINGLE CAUSE OF ACTION. Reasons: a. to avoid multiplicity
s
of suits; b. to minimize expenses, inconvenience and harassment.
l e
2. Remedy against splitting a single cause of action (two complaints separately filed for
o b
one action) - defendant may file:
a. motion to dismiss on the ground of
Rpendentia, if first complaint is still pending (Rule 16, Sec. 1 [e])
(2) res judicata, if first complaint is terminatedr
n
(1) litis
a
b. answer alleging either of above groundsB
a by final judgment (Rule 16, Sec. 1 [f])
h
C If defendant fails to raise ground on time, s as affirmative defense (Rule 16, Sec. 6)
l e beheraised
is deemed to have WAIVED them. Splitting
b
must be questioned in the trial court; cannot for the first time on appeal.
Ro
n
Splitting a cause of action prohibited
a a r against the lessor

and a separate h suit with RTC for moral and exemplary B
May a lessee file with MeTC an action for forcible entry and damages
compensatory damages based on the same forcible entry? s

C
damages plus actual and
l e
b single cause of action regardless of
NO. Claims for damages sprung from the main incident being heard before MeTC. Unlawful
o
taking or detention of property of another is only one
complaint as constituting one single cause of R

number of rights that may have been violated. All such rights should be alleged in a single
n r
action (Progressive Development Corp. vs. CA,
301 SCRA 637 [1999])
a a
BREM (due
C h s
to its allegedly falsified or spurious nature) which is allegedly violative of e
The cause of action in the earlier Annulment Case is the alleged nullity of the
the mortgaged property. It serves as the basis for the prayer for theb
l Goodland’s right to
o
nullification of the REM.
R
The Injunction Case involves the same cause of action, inasmuch as it also invokes the
n different from relief r

nullity of the REM as the basis for the prayer for the nullification of the extrajudicial
a a
foreclosure and for injunction against consolidation of title. While the main sought in
sought in the Injunction Case (nullification of theh extrajudicial foreclosure and injunction B
the Annulment Case (nullification of the REM) is ostensibly the main relief
C serves as the basis for the saids

reliefs remains the same — the alleged nullity of the REM. Thus, what is involved here is e
against consolidation of title), the cause of action which
third way of committing forum shopping, i.e., filing multiple cases based on the same l
the
of action, but with different prayers. (Asia United Bank vs. Goodland Company, Inc., G.R.
o b cause
No. 191388, March 9, 2011)

R
a n
C h
37
6. Joinder and misjoinder of causes of action
Joinder of causes of action is the assertion of as many causes of action as a party may
have against an opposing party in one pleading alone. It is not compulsory, but merely
permissive.(Rule 2, Sec. 5)
a r
B
What are the requisites for joinder of causes of action? (Rule 2, Sec. 5)
es
1. Compliance with the rule on permissive joinder of parties under Rule 3, Sec. 6.
b l
Must arise out of the same transaction or series of transactions AND there is a common
o
question of law or fact. Ex. A, owner of a property, can file an ejectment complaint against B,
R
C and D who are occupying his property without his consent..
an r
2. A party cannot join in an ordinary action any of the special civil actions. – Reason:
B a
special civil actions are governed by special rules. Ex. P500,000 collection cannot be joined
h s
with partition because the latter is a special civil action.
CVENUES OR JURISDICTIONS, the joindere maySAME
lthe jurisdiction of the RTC and the venue lies therein.
3. Where the causes of action are between the PARTIES but pertain to DIFFERENT
b
be allowed in the RTC, provided ONE OF
Rtheoexclusive
THE CAUSES OF ACTION falls within
Exception: ejectment case may not be joined with an action within the jurisdiction of the
RTC as the same comes within
Unless the defendanta
n jurisdiction of the MTC.
a r and went to trial
B on the ground of estoppel
Ch vs. CA, 252 SCRA 406 [1996]). es
did not object thereto, answered the complaint,
because he is precluded from assailing any judgment against him
lis a real action. Thus,it should be

or laches (Valderrama
N.B. An action for recovery of possession of property b

o to Rule 4, Section 1.(Decena vs.
Piquero, G.R. No. 155736, March 31, 2005). R
filed in the place where the property is located, pursuant
N.B. As to joinder in the MTC, it must a

n
have jurisdiction over ALL THE CAUSES OFaACTION
r
h B
and must have common venue.
C causes of action are principally for recoverys
e (totality
4. Where the claims in all the
jurisdiction is determined by the AGGREGATE OR TOTAL AMOUNT claimed
b l of money,
rule).
N.B. The totality rule applies only to the MTC – totality ofo
R
claims cannot exceed the
n r
jurisdictional amount of the MTC.
a of P1 million
There is no totality rule for the RTC because its jurisdictional amount is without limit. Exc.
Ba
Ch
In tax cases where the limit is below P1 million. Amounts or more fall within the
jurisdiction of the CTA.
e s
b l
o
Misjoinder of causes of action not ground for dismissal of an action
R
A misjoined cause may, on motion of a party or on the initiative of the court, be severed
and proceeded with separately (Rule 2, Sec. 6).
a n
C h
38
Note: Unlike splitting of a cause of action, a misjoinder is NOT a ground for the dismissal of
an action.
r
C. Parties to Civil Actions
B a
s
1. Real Parties in interest; Indispensable parties; Representatives as parties;
e
l
Necessary parties; Indigent Parties; Alternative defendants
b
 Real Parties
o
R in interest;
Whon r
aAarerealrealpartyparties in interest?
a
Btostands
C h s
in interest is the party who to be BENEFITED or INJURED by
the judgment in the suit or the party
e
entitled the avails of the suit.
Unless authorized by law or thelRules of Court, every action must be prosecuted and
defended in the name of the realb
o
party in interest. (Rule 3, Sec. 2).
R is one who has a correlative LEGAL OBLIGATION whose

A real party in interest PLAINTIFF is one who has a LEGAL RIGHT, while a real
a
party in interest DEFENDANT
n a r
– a present substantial interest, as B
act or omission violates the legal right of the former.
Corh s
Real interest distinguished from a mere
expectancy,
l e
a future, contingent, subordinate or consequential interest.
b
oheld as real parties in interest to file an
action to annul timber licenses issued by R
Minors represented by their parents were
a. inter-generational responsibility n r
the state, under the following principles:
b. inter-generational justice h
a B a
c. right of the people to aC
e s
d. minors represent themselves and the generations to come l
balanced and healthful ecology
G.R. No. 101083, July 30,1993)

o b (Oposa vs.Factoran,
R
a n a r
B
An action must be brought in the name but not necessarily by the real party in
Ch
interest. In fact, the practice is for an attorney-in-fact to bring action in the name of the
plaintiff.
e s
b l
Standing to sue – one who is directly affected by and whose interest is IMMEDIATE
AND SUBSTANTIAL in the controversy has the standing to sue. In other words, he is a
R o
real party in interest. He has a personal stake in the outcome of the controversy.
a n
C h
39
In a case involving constitutional issues, “standing” or locus standi means a personal

interest in the case such that the party has sustained or will sustained DIRECT INJURY
as a result of the government act that is being challenged.
Who are allowed to sue under this concept of locus standi? (Kilosbayan, Inc. vs.
Morato, 246 SCRA 540 [1995])
a r
B
1. Taxpayers – where there is a claim of illegal disbursement of public funds.
s
2. Voters – to question the validity of election laws because of their obvious interest in
e
l – if the constitutional question they raise is of transcendental
the validity of such laws.
b
3. Concerned citizens
o – to question the validity of official action which they claim infringes on
importance which must be settled early.
their n
R
r
4. Legislators
aprerogatives as legislators. B a
C h s
 Indispensable parties;
l e
Indispensable parties (Rule 3,b Sec. 7)
of an action. He shall be R
o without whom NO FINAL DETERMINATION can be had
An indispensable party is one
n r are so bound up
joined either as plaintiff or defendant.
a
with that of the other parties that his LEGAL PRESENCE B
His interests in the subject matter of the suit and in the relief a sought
C h s
as party to the proceeding is
ae
an ABSOLUTE NECESSITY.
Without the presence of indispensable parties tol
the court cannot attain real finality (Servicewideb
suit or proceeding, the judgment of
o
Specialists, Inc. vs. CA, 251 SCRA 70
R
[1997]).
Examples of indispensable parties:
1. Vendors – in an action to annula
n a r
h reconveyance of parcels of land which had B
the sale
C
2. Lot buyers – in an action for
e s already been
l
subdivided
3. Co-owners – in an action for partition
o b
R
4. Possessor of land – in an action for recovery of possession
a n a r
Where the obligation of the parties is solidary, either of the parties is indispensable, and B
h
the other is not even a necessary party because complete relief is available from either.s
C
l e
b
(Cerezo vs. Tuazon, G.R. N0. 141538, March 23, 200
 Representatives as parties;
R o
Representative parties (Rule 3, Sec. 3)
n
a OF ANOTHER
and who is allowed to PROSECUTE OR DEFEND an action for h
A representative party is one who represents or stands IN THE PLACE
C the beneficiary.
40
The beneficiary shall be included in the title of the case and shall be deemed to be the real
party in interest.
Who are the representatives?
r
1.Trustee of an express trust
2. Guardian
3. Executor or administratorB
a
e s or the Rules of Court
l own name and for the benefit of an undisclosed principal may sue
4. Party authorized by law
b
5. Agent acting in his
Ro
or be sued without joining the principal except when the contract involves things belonging
to the principal.
a n a r
 h B
s
Necessary parties;
C e
l
Necessary parties (Rule 3, Sec. 8)
as party
o b
A necessary or proper party is one who is not indispensable but who ought to be joined
Ris to be accorded as to those already parties, or

anDETERMINATION or SETTLEMENTBofather claim subject of the
a. if COMPLETE RELIEF
b. for a COMPLETE
action.
C his necessary to adjudicate the wholescontroversy but whose interests

Their presence
l e made in their absence without
b
are so far SEPARABLE that a final decree can be
affecting them.
action and the judgment is WITHOUTR

Non-inclusion of a necessary party does not o prevent the court from proceeding in the
party.
a n a r
PREJUDICE to the rights of such necessary
h B
s
Examples of necessary parties:
C
1. Co-debtor – in a joint obligation
e
2. Subsequent mortgagees or lien holders – in judicial foreclosurel
o b of land (the owner is

of mortgage
R
3. Possessor (tenant, etc.) – in an action for recovery of ownership
n r
the indispensable party)
4. Owner – in an action to recover possession
a of land (the possessor is the
Ba
Ch
indispensable party)
e s
 Indigent Parties ;
b l
Rule 3, Sec. 21. Indigent party. – A party may be authorized to litigateo
claim or defense as an indigent if the court, upon an ex parte applicationR
his action,
an
and hearing, is
satisfied that the party is one who has no money or property sufficient and available for
Ch
food, shelter and basic necessities for himself and his family.
41
The authority to litigate as an indigent party includes an exemption from the payment
of:
1. Transcript of stenographic notes
2. Docket fees and other lawful fees
Note: The amount of the docket and other lawful fees which the indigent was
a r
exempted from paying shall be a LIEN on any judgment rendered in the case favorable
to the indigent, unless otherwise provided (Rule 3, Sec. 21).
B
es
The guidelines for determining whether a party qualifies as an indigent litigant are
l
provided for in Section 19, Rule 141, which reads:
b
R o
Sec. 19. Indigent litigants exempt from payment of legal fees. – Indigent litigant (a)
an r
whose gross income and that of their immediate family do not exceed an amount double
a
the monthly minimum wage of an employee and (b) who do not own real property with a
B
Ch
fair market value as stated in the current tax declaration of more than three hundred
s
thousand pesos (p300,000.00) shall be exempt from the payment of legal fees.
e
b l
Ro
 Alternative defendants -
Rule 2, Sec. 13. Alternative defendants.
a n a r
may join any h
B he is entitled to relief, he
Where the plaintiff is uncertain against who of several persons
against oneC e s the other.

or all of them as defendants in the alternative, although a right to relief
l
may be inconsistent with a right of relief against
b
R o
1. Plaintiff - the claiming party, a
Parties to an action (Rule 3, Sec. 1)
n a rparty
h B
the counter-claimant or the third (fourth, etc.)
plaintiff.
C party, the defendant in a counterclaim s
e defendant.
2. Defendant – the original defending
b l
cross-defendant (defendant in a cross-claim), or the third (fourth, etc.)-party
(plaintiff), the
o
R possessed of LEGAL
Parties to an action must be natural or juridical persons,
PERSONALITY, otherwise, no suit can be lawfully prosecuted
a n by or against said persons.
a r
h in an action, as he possesses NO B
C s
A dead person cannot be a plaintiff or defendant
LEGAL PERSONALITY to sue or be sued.
l e
b
Ro
In general, who may be party plaintiff or party defendant?
a. Must be of legal age and with capacity to sue n

1. Natural persons
a (Art. 37, Civil

Ch
Code)
42
b. Husband and wife shall sue and be sued jointly (Rule 3, Sec. 4)
c. Minor or incompetent – with the assistance of the father, mother, guardian, or if he has
none, a guardian ad litem (Rule 3, Sec. 5)
d. Non-resident
2. Juridical persons
a r
Who are juridical persons? – B
s
Art. 44, Civil Code
2) Other corporations, l
e
1) State and its political subdivisions
o b institutions and entities for public interest and purpose, created by law
(government-owned or controlled corporations)
grants n
R
r
3) Corporations, partnerships and entities for private interest and purpose to which the law
a a juridical personality.
B a
h
4) Entities authorized by law (even if they lack juridical personality) – the persons who
Cknown (Rule 3, Sec. 15) s
e
organized such entity may be sued under the name by which they are generally or commonly
b l
Classification of parties
R o
n
a are classified as follows: a r
h
The parties to civil actions
B
C
1. Real parties in interest (Rule 3, Sec. 2)
e s
2. Representative parties (Sec. 3)
b l
3. Indispensable parties (Sec. 7)
R o
n r
4. Necessary parties (Sec. 8)
Lack of legal capacity to sue – h

a a
Baccount
C s
plaintiff’s general disability to sue, such as on of
disqualifications of a party (Columbia Pictures, Inc. vs. CA, 261 SCRA 144e
minority, insanity, incompetence, lack of juridical personality or any other general
l
b (Rule 16, Sec. 1[d}).
[1996])
R o
Plaintiff’s lack of legal capacity to sue is a ground for motion to dismiss
Ex. A foreign corporation doing business without a license lacks legal capacity to sue.
a n a r
Note: A sole proprietorship is not vested with juridical personality and cannot sue or file or B
C h s
proprietorship does not possess a judicial personality separate and distinct from e
defend an action. There is no law authorizing sole proprietorship to file a suit. A sole
(
personality of the owner of the enterprise. Berman Memorial Park, Inc. vs. Francisco Cheng,
b l the
G.R. No. 154630, May 6, 2005)

. As such, the proper caption should have been "Gerino Tactaquin doing R
o
an
business under
the name and style of G.V.T. Engineering Services", as is usually done in cases filed
Owner/ Manager Gerino V. Tactaquin, G.R. No. 153057 Augusth

involving sole proprietorships. (Tan vs. G.V.T. Engineering Services, Acting through its
C 7, 2006)
43
Lack of personality to sue – the fact that plaintiff is not the real party in interest.
Plaintiff’s lack of personality to sue is a ground for a motion to dismiss based on the fact that
the complaint, on its face, states no cause of action (Rule 16, Sec. 1 [g]). (Evangelista vs.
Santiago, 457 SCRA 744 [2005])
a r
2. Compulsory and permissive joinder of parties
B
Rule 3, Sec. 6. Permissive joinder of parties.
e s
All persons in whomlor against whom any right to relief in respect to or arising out of the
SAME TRANSACTION
o b or series of transactions is alleged to exist, whether jointly, severally,
R in one complaint, where any QUESTION OF LAW OR FACT COMMON
or in the alternative, may, except as otherwise provided in these Rules, join as plaintiffs or be
to all suchn rin the action; but the court may make
joined as defendants
a as may be just to prevent any plaintiff

plaintiffs or to all such defendants may arise
a
B in which he may have no interest.
puth
such orders or defendant from being embarrassed or
C to expense in connection with any proceedings

e s
l
bof indispensable parties.
Rule 3, Sec. 7. Compulsory joinder
R o
n
aplaintiffswhomor defendants.
Parties in interest without NO FINAL DETERMINATION can
a rbe had of an action
B
Ch
shall be joined either as
e s
3. Misjoinder and non-joinder of parties
b l
o
Rule 3, Sec. 9. Non-joinder of necessary parties to be pleaded.
Whenever in any pleading in which a claimR
pleader shall set forth his name, if known,n r
is asserted a necessary party is not joined, the
a a
and shall state why he is omitted. Should the
B
court
C
necessary party if jurisdiction over his h
find the reason for the omission unmeritorious, it may order the inclusion of the
person may be obtained.
s
omitted
l e
b
Ro
The failure to comply with the order for his inclusion, without justifiable cause, shall be
deemed a WAIVER of the claim against such party.
a nthe court from proceeding in the ar

h WITHOUT PREJUDICE to the rights of B
The non-inclusion of a necessary party does not prevent
C s
action, and the judgment rendered therein shall be
such necessary party.
l e
b
Ro
JOINDER OF PARTIES
an
Ch
Compulsory joinder of parties
44
What is the effect of failure to include indispensable parties?

The failure to include indispensable parties results in DISMISSAL of the action. Parties in
interest without whom there can be no final determination of an action SHALL be joined
either as plaintiffs or defendants (Rule 3, Sec. 7).
Absence of indispensable parties renders all subsequent actions of the court NULL AND
a r
VOID. It results in lack of authority to act not only as to the party absent but also as those
present (Domingo vs. Scheer, 421 SCRA 468 [2004]).
B
es
l
Is failure to implead an indispensable party a ground for automatic dismissal of the
action?
o b
NO. Neither misjoinder or non-joinder of parties is ground for dismissal of an action.
R
Parties may be dropped or added by order of the court on motion of any party on its own
an ar
initiative at any stage of the action and on such terms as are just . Any claim against a
B
misjoined party may be severed and proceeded with separately (Rule 3, Sec. 11).
Ch e s
l
Procedure for dismissal if indispensable party is not impleaded
b
avoid dismissal, the remedy is too
a. The responsibility of impleading all the indispensable parties rests on the plaintiff. To
b. If plaintiff REFUSES to R
implead the non-party claimed to be indispensable.
a n
the complaint may be dismissed upon motion of defendant or upon ther
implead an indispensable party despite the order of the court,
a court’s own motion.
h B to include is the action

C s
c. Only upon unjustified failure or refusal to obey the order
dismissed (Domingo vs. Scheer, supra).
l e
b
Ro
Permissive joinder of parties (Rule 3, Sec. 6)
1. Right to relief by or against said persons in respect to or arising out of the r

n
Persons may join as plaintiffs or may be joined as defendants when there is:
a B a SAME
C h
TRANSACTION or series of transactions (connected with the same subject matter of the
s
2. Question of law or fact COMMON to all such plaintiffs or to all suchedefendants in the
suit) and
b l
operished
action.

R
Ex. In a damage suit by heirs of airline passengers who
in a plane crash, all the heirs of the dead passengers mayn
a
join as plaintiffs against the airline
a r
h B
company. There is here a common question of fact and of law, although each has a
C s
SEPARATE, DISTINCT and DIFFERENT CLAIM as to amount from the others.
 They cannot file a class suit, where there is only ONE RIGHT
l e
OR CAUSE OF ACTION pertaining or belonging in common to many persons, not separately
or severally to distinguish the individual.
o b
R
What are the effects of non-inclusion of a necessary party? (Rule 3, Sec, 9)
a n
C h
45
The failure to comply with the order for his inclusion, without justifiable cause, shall be
deemed a WAIVER of the claim against such party.
Said non-inclusion does not
a. prevent the court from proceeding in the action, and
r
b. the judgment rendered therein shall be
a
c. WITHOUT PREJUDICE to the rights of such necessary party
B
e s
l is a claim that a defending party may, with leave of court, file
Third party complaint (Rule 6, Sec. 11)
o b
A third party complaint
against a person NOT A PARTY to the action, called the third (fourth, etc.)- party defendant
for
R
a n
a. contribution
a r
h
b. indemnity
B
C c. subrogation or
e s
d. any other relief
b l
o
in respect of his opponent’s claim.
Ran action actually independent of, and separate and distinct
from plaintiff’s complaint. n rnecessary to file the
> A third party complaint is
athe original complaint by the defendant a

Were it not for the Rules of Court, it would be
B
(Associated Bank. h
action separately from against the third party
C vs. CA, 233 SCRA 137 [1994])

s
e against
THEORY DIFFERENT from that asserted by the plaintiff
b l
> A third party plaintiff may assert a cause of action against the third party defendant on a
the defendant. Ex. a
R o (Samala vs. Victor, 170 SCRA 453

defendant in a contract may join as third party defendant
plaintiff’s claim against him or directly to the plaintiff
those liable to him in tort for the
an r
[1989]).
B a
C h s
e
Special joinder modes - Parties may also be joined in an action through three special
joinder modes:
b l
o
a. class suits
b. intervention
R
c. interpleader
a n a r
h
Class suits and interpleader – parties are joined at the inception of the suit. Involuntarys
B
C e
because parties joined may or may not know that they are being joined.
l
b asks
o
Intervention – party is joined after the suit has been filed. Voluntary because a party
R
for leave of court to be allowed to intervene.
a n
h
Intervention (Rule 19, Sec. 1)
46
An act or proceeding by which a THIRD PERSON is permitted to become a party to an

action or proceeding between other persons, and which results merely in the addition of a
new party or parties to an original action.
Purpose: to hear and determine at the same time all conflicting claims which may be
made to the subject matter in litigation.
a r
Nature: It is not an independent proceeding, but merely an ancillary and supplemental
one, which must be subordinate to the main proceedings. An intervenor is limited to the field
B
of proceeding open to the main parties.
e s
Interpleader (Rule 62, l
b Sec. 1)
o to demand compliance with the obligation be required to LITIGATE

A remedy asking that the persons who claim the personal property or who consider
R
themselves entitled
a n element: conflicting claims uponathersame subject matter are or may be

AMONG THEMSELVES in order to determine finally who is entitled to one or the other.
h
Indispensable
B NO INTEREST in the subject matter or
C
made
s
against the plaintiff-interpleader who CLAIMS
e
l
an interest which in whole or in part is NOT DISPUTED by the claimants.
o b
R
4. Class Suit
Class suit (Rule 3, Sec. 12)
a n by one or more parties for the benefit a rof parties who are so
numerous that it ish
An action filed or defended
is of common orC general interest to such numerous persons.s

B involving a matter which
impracticable to bring them all before the court,
e
There should be only ONE RIGHT OR CAUSE OFlACTION pertaining or belonging in
common to many persons, not separately or severally
o bto distinguish the individuals.
Rtheir generation as well as generations yet
unborn. We find no difficulty in ruling that a
Petitioners minors assert that they represent n a r
and for the succeeding generations, h file a class suit. Their personality to sue in B
they can, for themselves, for others of their generation
succeeding generations can only C s behalf of the

evs. Factoran, G.R.
l
be based on the concept of intergenerational responsibility
b
insofar as the right to a balanced and healthful ecology is concerned. (Oposa
o
No. 101083, July 30, 1993, 224 SCRA 792) .
The liberalization of standing first enunciated in Oposa,n

R
a allows the filing of a citizen suit in Bar
insofar as it refers to minors and
environmental cases. The provision on citizen suits in h

generations yet unborn, is now enshrined in the Rules which
personal and direct interest, on the principle thatC

the Rules “collapses the traditional rule on
e s
l
humans are stewards of nature.” (Arigo vs.
b
Swift, G.R. No. 206510, September 16, 2014)cralawlawlibrary
Ro
an
Individual suit, class suit, derivative suit
Ch
47
(1)Where a stockholder or member is denied the right of inspection, his suit would be individual
because the wrong is done to him personally and not to the other stockholders or the
corporation. (2) Where the wrong is done to a group of stockholders, as where preferred
stockholders’ rights are violated, a class or representative suit will be proper for the protection
of all stockholders belonging to the same group. (3) Whenever officials of the corporation refuse
to sue or are the ones to be sued or hold the control of the corporation, an individual stockholder
a r
is permitted to institute a derivative suit on behalf of the corporation wherein he holds stock in
order to protect or vindicate corporate rights.(Ching vs. Subic Bay Golf and Country Club, G.R.
No. 174353, September 10, 2014)
B
e s
5. Suits against entitieslwithout juridical personality
Rule 3, Sec. 15. o
b
R
Entity without juridical personality as defendant.
When a
n a rwith juridical personality enter into a
h Bby which they are generally or commonly
two or more persons not organized as an entity
C s
transaction, they may be sued under the name
known.
l e
In the answer of such defendant, the
o bnames and addresses of the persons composing said
entity must all be revealed.
R
a n a r
h
6. Effect of death of party litigant B
Rule 3, Sec.C
e s
l
16. Death of party; duty of counsel.
Whenever a party to a pending action dies, and the
o b thirty (30) days after such death of

shall be the duty of his counsel to inform the court within
claim is not thereby extinguished, it
representatives. Failure of counsel to complyR

the fact thereof, and to give the name and address of his legal representative or
action.
a n a r
with this duty shall be a ground for disciplinary
The heirs of the deceased mayh B appoint

C s
be allowed to be substituted for the deceased, without
requiring the appointment of an executor or administrator and the
e
court may
l to appear and
a
b
guardian ad litem for the minor heirs.
be substituted within a period of thirty (30) days from notice.

R o
The court shall forthwith order said legal representative or representatives
named shall fail to appear within the specified period, thea n may order the opposing party, ar
If no legal representative is named by the counsel for the deceased party, or if the one so
within a specified time, to procure the appointment of an executor or administrator for the estate B
court
h
of the deceased and the latter shall immediately appear for and on behalf of the deceased. Thes
C
court charges in procuring such appointment, if defrayed by the opposing party, may e
recovered as costs.
b l be
o
Rule 3, Sec. 17. Death or separation of a party who is a public officer.WhenR
n a public officer
ceases to hold office, the action may be continued and maintained by or a

is a party in an action in his official capacity and during its pendency dies, resigns, or otherwise
if, within thirty (30) days after the successor takes office or such time h
against his successor
C as may be granted by the
48
court, it is satisfactorily shown to the court by any party that there is a substantial need for
continuing or maintaining it and that the successor adopts or continues or threatens to adopt or
continue the action of his predecessor. Before a substitution is made, the party or officer to be
affected, unless expressly assenting thereto, shall be given reasonable notice of the application
therefor and accorded an opportunity to be heard.
Rule 3, Sec. 20. Action on contractual money claims. — When the action is for recovery of
a r
money arising from contract, express or implied, and the defendant dies before the entry of
B
final judgment in the court in which the action was pending at the time of such death, it shall not
s
be dismissed but shall instead be allowed to continue until the entry of final judgment. A
e
favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially
l
b
provided in these Rules for prosecuting claims against the estate of a deceased person.
R o
The last sentence above refers to Rule 86 (Claims Against Estate). Sec. 5 thereof refers to -
Claims which must be filed under the notice. If not filed, barred.
an a
Bcourt
r
h s
C1. Construed together, Secs. 16 and 20eof the Rules of Court mean that ONLY PURELY
Death of a party and duty of counsel to inform
b l involving nothing more then bed-and –board

o
PERSONAL ACTIONS, i.e., legal separation
R the death of the accused.

separation of the spouses, action for support, and the right of the offended party to institute
n and the deceased CANNOT BEarSUBSTITUTED by his

criminal action DO NOT SURVIVE
legal representative. a
Such cases will be DISMISSED
h B
2. ALL OTHERC s
eis proper.
ACTIONS SURVIVE the death of a party litigant.
b l
In all such cases, substitution by the legal representative
o
Examples of claims NOT extinguished by death:
R against the estate, such as ejectment case
n r
a.. Recovery of real and personal property
a
b. Enforcement of liens on such properties;
c.. Recovery for an injury toh
a
B by the
C s
person or property by reason of tort committed
e or implied (Rule
l
deceased.
3, Sec. 20)
o b
d. Actions for the recovery of money, arising from a contract, express
What is the effect of failure by counsel to inform then

R
a his sole heir?
court of death of a party on the
a r
h for lack of jurisdiction and lack of dues B
judgment against the party and writ of execution against
C
process. If counsel had notified the court of the party’s death, the court would have ordered e
It will render the judgment and writ of execution VOID
substitution of the deceased by the sole heir (Rule 3, Sec. 16). The court acquired l
b no
the
jurisdiction over the sole heir upon whom the trial and the judgment are not bindingo
R
(Lawas vs.
n
CA, 146 SCRA 173).
a
h
What is the effect of non-substitution of a deceased party?
49
Non-compliance with the rule on substitution would render the proceedings and judgment of
the trial court infirm because the court acquires no jurisdiction over the persons of the legal
representatives or of the heirs on whom the trial and the judgment would be binding.
Thus, proper substitution of heirs must be effected for the trial court to acquire jurisdiction over
their persons and to obviate any future claim by any heir that he was not apprised of the
r
litigation against Bertuldo or that he did not authorize Atty. Petalcorin to represent him.
B a
No formal substitution of the parties was effected within thirty days from date of death of
Bertuldo, as required by Section 16, Rule 3 of the Rules of Court. Needless to stress, the
es
purpose behind the rule on substitution is the protection of the right of every party to due
b l
process. It is to ensure that the deceased party would continue to be properly represented in the
suit through the duly appointed legal representative of his estate. (Hinog vs. Melicor, 455 SCRA
460 [2005])
R o
an B ar
Ch
The Rules require the legal representatives of a dead litigant to be substituted as parties
s
to a litigation. This requirement is necessitated by due process. Thus, when the rights of
e
l
the legal representatives of a decedent are actually recognized and protected, noncompliance
b
or belated formal compliance with the Rules cannot affect the validity of the promulgated
o
decision. After all, due process had thereby been satisfied. When a party to a pending action
R
dies and the claim is not extinguished, the Rules of Court require a substitution of the deceased.
an r
The procedure is specifically governed by Section 16 of Rule 3. (Dela Cruz vs. Joaquin, G.R.
a
No. 162788, July 28, 2005).
h B
to comply with his duty under Sections16 to inform the court of the
C
death of his client and no substitution of such party iseeffected, will not invalidate the
Failure of counsel
proceedings and the judgment thereon if the action l

o b survives the death of such party.
Moreover, the decision rendered shall bind his successor-in-interest. The instant action for
R
unlawful detainer, like any action for recovery of real property, is a real action and as such
interests in the instant petition. (Limbauana nAcosta, G.R. No. 148606, June 30, 2008) a
survives the death of Faustino Acosta. His heirs have taken his place and now represent his
r
Bagainst the
vs.
h
Cmembers of his family, his relatives, and
While it is true that a decision in an
s
action for ejectment is enforceable not only
defendant himself but also against
e
l to theitjurisdiction
his privies who
b
derived their right of possession from the defendant and his successors-in-interest, had been
o
established that petitioner (defendant’s wife) had, by her own acts, submitted
R CA, G.R. No. 121510,

of the trial court. She is now estopped to deny that she had been heard in defense of her
an r
deceased husband in the proceedings therein.(Vda. De Salazar v.
a
November 23, 1995)
h B
C e s
D. Venue
b l
o
Venue defined - the place where the action is triable, whether real or personal. Relates to
R
an
place of trial. Touches more of convenience of the parties rather than the substance of the case.
Procedural and not substantive.
Ch
50
1. Venue versus Jurisdiction
1. Venue – locality or place where the suit may be had. Relates to jurisdiction over the
person rather than subject matter. Provisions relating to venue establish a relation between
plaintiff and defendant.
a r
2. Jurisdiction – power of the court to decide the case on the merits.
B
Provisions on jurisdiction establish a relation between the court and the subject matter.
e s
A court cannot motul
improper venue mayb
proprio dismiss a complaint on the ground of improper venue since
Ro
be WAIVED for failure to object to it (Decoycoy vs. IAC, 195 SCRA 641
[1991]).
n r
2. Venueaof real actions (Rule 4, Sec. 1) a
h B
C Court which has jurisdiction over area where s
e property or any part thereof is located.
l
bto or possession of real property, or interest therein.
o
Real actions – actions affecting title
R
n r
Examples:
a
a. recovery of possession
B a
C h
b. partition or condemnation
s
c. foreclosure of mortgage
d. annulment or rescission of sale of real propertyb le
o
(actually
for recovery)
R
a n to another place by agreement a
Forcible entry and detainer are real actions, regardless of amount of damages involved.
rof the
B115 SCRA
N.B. But venue may be changed and transferred
h
parties, and such agreement is valid and enforceable (Villanueva vs. Mosqueda,
C s
e
904 [1982]).
b l
Ro
3. Venue of personal actions (Rule 4, Sec. 2)
a n a r
h defendant, where he may be B
Where plaintiff or any of principal plaintiffs reside, or where defendant or any of the
C s
principal defendants resides, or in the case of a non-resident
found, at the election of the plaintiff.
e
land
b
Meaning of residence – ACTUAL RESIDENCE or place of abode, which may not
o
necessarily be his legal residence or domicile, provided he resides therein with continuity
R
consistency. Must be more than temporary.
an
Personal action – where plaintiff seeks the recovery of personal property, enforcement of
contract or recovery of damages.
Ch
51
4. Venue of actions against non-residents (Rule 4, Sec. 3)
What is the venue of actions against nonresident defendant who is not found in the
Philippines?
a r
1. If action affects PERSONAL STATUS of plaintiff, such as a legal personal relationship
which is not temporary nor terminable at the mere will of the parties (annulment of marriage,
B
recognition of a natural child) – venue is the court of place where PLANTIFF RESIDES.
es
While the court acquires jurisdiction over person of defendant, it does not preclude the
b
relation to defendant. l
court from rendering valid judgment over the issue regarding the personal status of plaintiff in
R o
This is an action quasi in rem.
an B ar
Ch
2. If action affects any PROPERTY of defendant located in the Philippines – venue is the
s
court in the area where PROPERTY or portion thereof is SITUATED.
l e
While court acquires no jurisdiction over person of defendant, valid judgment may be
o b
rendered against the property which is the one impleaded and is the subject of judicial power
(ex. where plaintiff is already in possession of a lien sought to be enforced or by attachment
of the property).
R
an a r
This is an action in rem.
h B
C
5. When the Rule on Venue Does not Apply (Rulel
s
4,eSec. 4)
o b
R
n r
1. Where a specific rule or law provides otherwise.
a a
Binstitute an
h s
Example: An offended party who is at the same time a public official can only
C eN.B. applies
action for damages arising from libel in two venues: (a) the place where he holds office (if
b l
private individual, where he resided at the time of the commission of the offense)
place where the alleged libelous articles were printed and first published.
and (b) the
also to
Ro
the criminal case.
a. Unless and until the defendant OBJECTS to venuen r

responsive pleading, venue cannot truly be said to haveabeen improperly laid. a
in a motion to dismiss prior to a
h B
C
b. A motion to dismiss belatedly filed could no
e s
longer deprive the trial court of jurisdiction
to hear and decide the civil action for damages. Improper venue may be waived and such
b l
o
waiver may occur by laches.
R
c. Objections to venue in such actions may be waived as it does not relate to jurisdiction
not substantive (Diaz vs. Adiong, 219 SCRA 631 (1993)

a n
over the subject matter but rather over the person. Laying of venue is PROCEDURAL and
C h
52
d. A court cannot motu proprio dismiss a complaint on the ground of improper venue since
improper venue may be WAIVED for failure to object to it (Dacoycoy vs. IAC, 195 SCRA 641
[1991]).
NOTE: 1) Under Sec. 1 of Rule 16, objections to improper venue must be made in a motion
a
affirmative relief and sets up defenses]. r
to dismiss before responsive pleading is filed. [Responsive pleading is one that seeks
AFFIRMATIVE DEFENSE ins

2) Improper venue (Sec. 1 (c) B - that venue is improperly laid) may now be raised as an
l e the answer if no motion to dismiss has been filed (Rule 16, Sec.
3) Under the old b

6).
deemed WAIVED.
R o rule, when improper venue is not objected to in a motion to dismiss, it is
This provision has been deleted in the new rule.
n
a parties have validly agreed in writing a r
h
2. Where
B before filing of the action on
C exclusive venue thereof.

e s
l
6. Effects of Stipulations on Venueb
R oexpressly submit to the jurisdiction of the courts of
annotwhich may arise out of this promissory r
Provision that “We hereby
Valenzuela any legal action
a note” is PERMISSIVE
Bor “exclusively”.
C h
stipulation only. It does require the laying of venue in Valenzuela exclusively or
to restrict the venue of actions arising outsof the promissory notes to the
mandatorily. No qualifying or restrictive words like “must”, “only” Hence no
intent by parties
l e 228 SCRA 385 (1993}
b
courts of Valenzuela only (Phil. Banking Corp. vs. Tensuan,
The case at bar involves petitioners’ mortgaged

o
Rpower
real property located in Parañaque City over
which respondent bank was granted a special
a n a r
to foreclose extra-judicially. Thus, by
h
express provision of Section 2, Act 3135, the sale can only be made in Parañaque
B
City.
Section 4, Rule 4 of the RulesC e

The exclusive venue of Makati City, as stipulated by the parties and sanctioned by
sthe Petition for
l
of Court, cannot be made to apply to
Extrajudicial Foreclosure filed by respondent bank because the provisions
b of Rule 4
Ro
pertain to venue of actions, which an extrajudicial foreclosure is not.
(Sps. Ochoa vs.
China Banking Corporation, G.R. No. 192877, March 23, 2011)
a n a r
B
Ch s
Complaint for unlawful detainer may be filed
outside the municipality or city where the real property
l e
is located, pursuant to the venue stipulation in the contract
o b
R
n
a Citing Section 1,
Maunlad Homes questioned the venue of Union Bank’s unlawful detainer action which was
Rule 4 of the Rules of Court, Maunlad Homes claimed that the unlawful h
filed in Makati City while the contested property is located in Malolos, Bulacan.
C detainer action should
53
have been filed with the municipal trial court of the municipality or city where the real property
involved is situated. Union Bank, on the other hand, justified the filing of the complaint with the
MeTC of Makati City on the venue stipulation in the contract which states that "the venue of all
suits and actions arising out of or in connection with this Contract to Sell shall be at Makati City."
While Section 1, Rule 4 of the Rules of Court states that ejectment actions shall be filed in "the
r
municipal trial court of the municipality or city wherein the real property involved x x x is
a
situated," Section 4 of the same Rule provides that the rule shall not apply "where the parties
B
have validly agreed in writing before the filing of the action on the exclusive venue thereof.”
es
(Union Bank of the Philippines vs. Maunlad Homes Inc., G.R. No. 190071, August 15,
l
2012)
o b
TO SUMMARIZE:
R
an B a r
h
Waiver of improper venue may be made through:
s
C 2. implied waiver – through failure to seasonably
e
1. express waiver – through written agreement.
b l object to improper venue in a motion to
o
dismiss or answer
R
Improper venue may be n
a(Rule 16, Sec. 1(c))
questioned through:
a r
h
1. motion to dismiss
B with prayer for TRO and
C
- if denied, s
e its orders in said case, the
file with the higher court a petition for prohibition
b
same being outside the territorial jurisdiction of the judgel
preliminary injunction, as lower court has no power to enforce
before whom it was filed.
R
2. affirmative defense in answer (Rule 16, Sec. o 6).
a n a r
E. Pleadings h B
1. Kinds of Pleadings (Rule 6)C e s
What is a pleading?
b l
Written statements of the respective CLAIMS and DEFENSES
R o of the parties submitted to
n r
the court for appropriate judgment.
a Ba
Ch s
Pleadings allowed under the Rules of Court
l e
a. Complaint
o b
b. Answer
R
c. Counterclaim
a n
d. Cross-claim
e. Reply
C h
54
f. Third party (fourth party, etc.) complaint (Rule 2, Sec. 6)

g. Complaint in intervention, answer in intervention (Rule 19. Sec. 3)
a. Complaint
Rule 6, Sec. 3. Complaint.
a r
B
The complaint is the pleading alleging the plaintiff's cause or causes of action. The names
s
and residences of the plaintiff and defendant must be stated in the complaint.
l e
b. Answer
o b
R
1. What is an answer?
n r
It maya
Ba party, etc.) complaint, counterclaim,
An answer is a pleading in which a defending party sets forth his defenses (Rule 6, Sec. 4).
C h be an answer to the complaint, third party (fourth

s
e
or cross-claim.
b l
Ro
Time to Plead
a. Answer to Complaint n r – fifteen (15) days

a and a
Third-Party (Fourth-Party, etc.) Complaint
B (Rule 11, Sec. 1)
C h
after service of summons, unless a different period is fixed by the court
s
e
l is denied, the movant shall file
his answer within the balance of he period providedb
However, under Rule 16, Section 4, if a motion to dismiss
Ro
by Rule 11 to which he was entitled at
the time of serving his motion, but not less than five (5) days in any event, computed from his
n r
receipt of the notice of the denial. .
b. Answer of a defendant foreign h

a B a
C
private juridical entity
e s
(1) when summons is served upon a resident agent – fifteen (15) b l
Ro to receive the same –
days after service of
summons;
an r
(2) when summons is served on the government official designated
thirty (30) days from receipt by the latter of the summons.
Ba
Ch Amended e s
l
c. Answer to Amended Complaint, Amended Counterclaim,
Cross-Claim and Amended Third-Party (Fourth-Party, etc.)
o b
R
Complaint:
(1) amended complaint was filed as a matter of right (Rule 10, Sectiona
n
Ch
2) – fifteen (15) days
after being served with a copy thereof; and
55
(2) amended complaint was filed with leave of court (Rule 10, Section 3) – ten (10) days
from notice of order admitting the amended complaint.
Strict Observance of the Period
a r
While the rules are liberally construed, the provisions on reglementary periods are
B
strictly applied for they are deemed indispensable to the prevention of needless delays and
es
necessary to the orderly and speedy discharge of judicial business.
l
Strict compliance with said periods is mandatory and imperative.
b
(1) NegativeR o
defenses
an to his cause of action. (Rule 6, Section 5) a

SPECIFIC r in the pleading or the claimant
DENIAL of the material fact or facts alleged
B
C h
essential
s
l e
b
(2) Negative pregnant
o
R of negative expression which carries Itwithis ait denial
at least an implication of n some kind favorable to the adverse party. r
A negative pregnant is a form in affirmation or
a substantial facts alleged in the pleading.aWhere a fact is alleged

pregnant
with qualifying or h modifying language and the words of the B

with an admission of the
C s
allegation as so qualified or
denied while the fact itself is admitted. (Guevarra vs. Eala,eA.C. No. 7136, August 1, 2007)
modified are literally denied, it has been held that the qualifying circumstances alone are
b l denial) refers to a denial which

A negative pregnant (sometimes called a pregnant
and not the allegation itself. For example,R

implies its affirmative opposite by seeming to odeny only a qualification of the allegation
might imply that the person makingn had consumed shabu onrother
"I have never consumed shabu while on duty"
ahethehadstatement B a
C h
occasions, and was only denying that done so while on duty.
s
(3) Affirmative Defenses
e
lRECOVERY
Allegation of a NEW MATTER which, while hypothetically admitting the
in the pleading of the claimant, would nevertheless PREVENT OR BAR
o b material allegations
by him.
R
The affirmative defenses include fraud, statute of limitations, release, payment, illegality,
a n
statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter
a r
B
by way of confession and avoidance. (Rule 6, Sec. 5).
Ch s
Note that some of these grounds are also grounds for motion to dismiss.
l e
What are the two kinds of defenses that may be set forth in the answer?
o b
R recovery by
1. Affirmative defenses – allegation of a new matter which while hypothetically admitting
the material allegations in the pleading would nevertheless prevent or bar
the claiming party. It is in the nature of confession and avoidance n
a in the pleading
C h
2. Negative defenses – specific denial of the material facts or facts alleged
essential to establish the plaintiff’s cause of action (Rule 6, Sec. 5).
56
c. Counterclaims
A counterclaim is any claim which a DEFENDING PARTY may have against an opposing
party. (Rule 6, Sec. 6)
(1) Compulsory counterclaim a r

B
What is a compulsory counterclaim?
s
e by the regular courts of justice,
l
(1) One which, being cognizable
bofor theis CONNECTED
o
(2) ARISES OUT OF WITH the transaction or occurrence constituting
(3) does notR

the subject matter opposing party’s claim and
a
cannot n acquire jurisdiction.
a r
require for its adjudication the presence of third parties of whom the court
h B of the court both as to the amount

C s
(4) Such a counterclaim must be within the jurisdiction
and the nature thereof,
l ethe Regional Trial Court, the counterclaim may be
considered compulsory regardless
o b of the amount (Rule 6, Sec. 7), meaning its amount
(5) except that in an original action before
R to have been suffered as a consequence of the action; (2)

need not be under RTC jurisdiction.
a claim for attorney’s fees; (3) in a possessory action, the defendant’s r

n
a a
Examples: (1) damages claimed
claim of ownership
h B
C e s
(2) Permissive counterclaim
b l
o
What is a permissive counterclaim?
a. One which is not barred even if not set up and
R matter of the opposing party’s claim, or
which has NO LOGICAL RELATION with
a n
the transaction or occurrence that is the subject
b. even when there is such a connection, the court has no jurisdiction to entertain the
a rclaim
or it requires for its adjudication the presence of third persons of whom theB
C h s Namarco
court cannot
acquire jurisdiction (National Marketing Corp. vs. Federation of United
l e
b
Distributors, Inc., 49 SCRA 248 [1973]).
Ro counterclaims?
anlawful fees should be paid and the Bar
What is the difference between permissive and compulsory
same should be accompanied by a certificate h

a. In a permissive counterclaim, the docket and other
C against forum s
shopping and certificate to
It should also be answerede
l
file action issued by the proper Lupon Tagapamayapa. by
the claiming party. It is NOT BARRED even if not set up in the action.
o b
R
b. In a compulsory counterclaim, no docket fee is paid and the certificates mentioned
above are not required. If it is not raised in the answer, it shall ben
a
BARRED.(Rule 9,
h
Sec. 2)
57
Examples of compulsory and permissive counterclaims: . A filed a suit for collection of

P350,000 against B in the RTC of Cebu City. Aside from alleging payment as a defense, B in
his answer, set up counterclaims for P120,000 as damages and P25,000 as attorney’s fees as a
result of the baseless filing of the complainant, as well as for P230,000 as the balance of the
purchase price of the 28 units of refrigerators he sold to A.
a r
The RTC has jurisdiction over the compulsory counterclaims in the total tamount of
B
P145,000 because in an original action before the RTC, the counterclaim may be considered
COMPULSORY regardless of amount (Rule 6, Sec. 7, 2nd sentence). This means that even a
es
compulsory counterclaim not exceeding P300,000 or P400,000 may be filed in the RTC.
b l
But the RTC has no jurisdiction over the permissive counterclaim of P230,000 because it
o
does not exceed P300,000.
R
In an action for recovery of land, the counterclaim for reimbursement of the value of the
an r
improvements is in the nature of a compulsory counterclaim in . Thus, the failure by private
a
respondents to set it up bars their right to raise it in a subsequent litigation.The rule on compulsory
B
Ch
counterclaim is designed to achieve resolution of the whole controversy at one time and in one
e s
action to avoid multiplicity of suits (Baclayon vs. Court of Appeals, G.R. No. 89132, February 26,
l that merely reiterates special defenses which

1990)
b
N.B.: (1) A compulsory counterclaim
are deemed controverted o
Rcounterclaim
even without a reply, or raises issues which are deemed
n r
automatically joined by the allegations of the complaint need not be answered.
a
However, a compulsory
a
which raises issues not covered
B
by the complaint
(2) IfC
h
should be answered.
s
e
the defendant has a compulsory counterclaim, he should not file a motion to
lto Rule 16, Sec. 6. The compulsory
b
dismiss but an answer with a counterclaim, with the ground for the motion to dismiss
being asserted as an affirmative defense pursuant
R o
counterclaim is deemed waived when defendant filed a motion to dismiss the
complaint instead of answering the same (Financial Building Corp. vs. Forbes Park
anon an ACTIONABLE DOCUMENT attached a rto or

Association, Inc., G.R. No. 133119, August. 17, 2000 ).
h
(3) If the counterclaim is based
B shall
be DEEMED ADMITTEDC
copied in the counterclaim, the
s
genuineness and due execution of the instrument
e
UNDER OATH its genuineness and due execution (Rule 8, Sec.l
unless the adverse party through a reply specifically DENIES
(3) In an action before the first level court (MTC,o

b 8)
amounts demanded in the counterclaim, cross-claim,R

MeTC, MTCC, MCTC) the
anManila),not exceed P300,000.00 Bar

third party complaint must fall
WITHIN THE JURISDICTION of said court, which should
Ch
(outside Metro Manila) and P400,000.00 (within Metro
e s
b l
(3) Effect on the Counterclaim when the complaint is dismissed
R ounder Rule
ndiscretion of the
1. If no motion to dismiss has been filed, any of the grounds for dismissal
court, a preliminary hearing may be had thereon as if a motion to a

16 may be pleaded as an affirmative defense in the answer, and in the
Ch
dismiss has been filed
58
The dismissal is without prejudice to the right of the defendant to prosecute his
counterclaim in the same or separate action (Rule 16, Sec. 6)..
2. When the plaintiff himself files a motion to dismiss his complaint after the defendant
has pleaded his answer with a counterclaim. If the court grants the motion, the dismissal
shall be limited to the complaint. It shall be without prejudice to the right of the defendant
to prosecute his counterclaim in a separate action unless within 15 days from notice of
action (Rule 17, Sec. 2).

a r
the motion, manifests his preference to have his counterclaim resolved in the same
B
3. When the complaint is dismissed through the fault of the plaintiff and at a time when
es
a counterclaim has already been set up, the dismissal is without prejudice to the right of
Sec. 3)
b l
the defendant to prosecute his counterclaim in the same or separate action (Rule 17,
R o
an r
d. Cross-claims (Rule 6, Sec. 8)
B a
h
What is a cross-claim?
e s
C b. arising out of the transaction or occurrence
a. Any claim by any party against a co-party
l
b the original action or of a counterclaim therein.
o
c. that is the subject matter of either
 Such cross-claim n
R
a a
may include a claim that the party against whom rasserted
it is asserted is or
against the h
may be liable to
B
the cross-claimant for all or part or a claim in the action
C
cross-claimant (Rule 6, Sec. 8).
e s
b l
 A cross-claim is allowed to be interposedo
former to RECOVER from the latter R
by a party against a co-party to enable the
an r
whatever he might be made liable to pay the
plaintiff.
B a
h
CX and Y to collect a loan, Y, who merely s
Ex. If ABC Bank sues
e
l is the actual
acted as an
accommodation party, may file a cross-claim against X by claiming
o
debtor and should be liable for the payment of the loan (Bar 1997). b that X
R
an
 The dismissal of the complaint carries with it the dismissal of the cross-claim which is
Ba r
SCRA 67 [1973]).
C h
purely defensive, but NOT a cross-claim seeking affirmative relief (Torres vs. CA, 49
s
 A cross-claim that a party has at the time the answer is filed shall be containedein
b l
said answer (Rule 11, Sec. 8). If not set up, it shall be barred (Rule 9, Sec. 2). Hence,
Ro
a cross-claim cannot be set up for the first time on appeal (Loadmasters Customs
Services, Inc. vs. Glodel Brokerage Corporation, 639 SCRA 69)
a n
the answer is filed, but not a cross-claim that may mature h
 A cross-claim that shall be barred if not asserted is one already existing at the time
C or may be acquired after
59
service of the answer. Such cross-claim may, with permission of the court, be
presented by supplemental pleading before judgment (Rule 11, Sec. 9)
 A cross-claim omitted through oversight, inadvertence or excusable neglect, or when

justice requires, may, by leave of court, be set up by amendment before judgment
(Rule 11, Sec. 10)
a r
B
es
b l
Distinguish a cross-claim from a counterclaim.
R o
a. A cross-claim is a claim against a co-party while a counterclaim is a claim against an
opposing part-pary.
a n a r
b. A cross-claim requires that filing fee be paid and that there be certification against
B there might be default while a

forum shopping while only permissive counterclaim requires the same.
h
C compulsory counterclaim need notebe answered.
c. A cross-claim must be answered, otherwise
s
b l
R
e. Third (fourth, etc.) party complaints o
n complaint is a claim that a defendingaparty
Rule 6, Sec. 11. Third, (fourth, etc.)-party complaint.
a r may, with leave of
court, file against h a person not a party to the action, calledB
A third (fourth, etc.)-party
defendant, for C contribution, indemnity, subrogation or anysother relief, in respect of his

the third (fourth, etc.)-party
l e
bbreach of contract of carriage because
opponent's claim.
Ex. If the passenger of a bus sues the operator for
R o
of injuries sustained by him in an accident, the operator may file a third-party complainant
against the driver for reimbursement
a n a r
h B against
C s
M assembles an owner-type jeep for O, who in turn rents it to P. Due to faulty brakes, P
meets a vehicular accident, causing him injuries. P files an action for damages
and M. O cannot file a third-party complaint against M because both are
l e O
already parties.
Instead, O should file a cross-claim against M (Bar 1996)
o b
R
1. Whether it arises out of the same transaction onn r
Tests to determine whether the third-party complaint is in respect of plaintiff’s claim:
a which the plaintiff’s claim is based,
or, although arising out of another or different transaction, is connected with the plaintiff’s B
a
C h s
e
claim;
2. Whether the third-party defendant would be liable to the plaintiff or to the defendant
for all or part of the plaintiff’s claim against the original defendant; and
b l
plaintiff has or may have to the plaintiff’s claim. (Capayas vs. CFI of Albay, 77o
3. Whether the third-party defendant may assert any defenses which the third-party
R Phil 181).
a n in order to
 . Leave of court is necessary in filing a third (fourth, etc.) –party complaint
Chmay be introduced, or
obviate delay in the resolution of the complaint, such as when the third-party
defendant cannot be located, or when unnecessary issues
60
when a new and separate controversy is introduced. Leave of court is not required in
filing a counterclaim or cross-claim because the parties involved are already parties
to the case.
 Where the trial court has jurisdiction over the main case, it also has jurisdiction over
the third party complaint, regardless of the amount involved as a third-party complaint
r
is merely auxiliary to and is a continuation of the main action. (Republic v. Central
a
B
Surety & Insurance Co., G.R. No. L-27802, Oct. 26, 1968)
es
l
f. Complaint-in-intervention
b
o
INTERVENTION - a legal proceeding by which a person who is not a party to the action is
R
permitted by the court to become a party by intervening in a pending action after meeting the
an r
conditions and requirements of the Rules of Court.
B a
Ch
If the purpose of the motion for intervention is to assert a claim against either or all of the
e s
original parties, the pleading shall be called a COMPLAINT-IN-INTERVENTION
b l
in resisting a claim against theR
o
The intervenor shall file a complaint-in-intervention
all of the original parties, or an answer-in-intervention
if he asserts a claim against either or
if he unites with the defending party
n r
latter. (Rule 19, Sec. 3)
a
complaint-in-intervention shall be filed B
a
C
. The answer to the h s within fifteen (15) days from
notice of the order
l e
admitting the same, unless a different period is fixed by the court. (Rule
b
19, Sec. 4)
R o
an r
g. Reply
a
Bin denial or
h
Rule 6, Sec. 10. Reply.
Cby way of defense in the answer and thereby

A reply is a pleading, the office or
e s
function of which is to deny, or allege facts
l
avoidance of new matters alleged join or make
issue as to such new matters. If a party does not file such reply, ALL the
in the answer are deemed controverted.
o b new matters alleged
R
nthe new matters so alleged, such ar
acomplaint.
If the plaintiff wishes to interpose any claims arising out of
claims shall be set forth in an amended or supplemental
h B
C
N.B. The filing of a reply is not necessary, because even if a party does not file a repy,e s
the new matters that were alleged in the answer are deemed controverted. (Rule 6, Sec.l10)
all
Exception:
o b
oath must be made, otherwise, the genuineness and due execution ofR
1.. Where the defense in the answer is based on an actionable document, a reply under
shall be deemed admitted (Rule 8, Sec. 8) Veluz vs. Court of n

the document
(
a Appeals, G.R. No.
139951, November 23, 2000)
C h
61
2. Where the plaintiff files an action to recover a loan with interest and the defendant in his
answer alleges that the interest charged by the plaintiff in is usurious, there is no need
to file a reply to deny such allegation. It is necessary to deny allegations of usury only if
such allegations are made in a complaint to recover usurious interest. (Rule 8, Sec. 11)
a r
2. Pleadings allowed in small claims cases and cases covered by the rule on
summary procedure
B
Small Claims-
es
b
a. Pleadings allowed l
o
1. Statement of Claims (complaint)
R (answer) - Secs 5 and 11, Rule of Procedure for Small Claims Cases
n rmay also elect to file a counterclaim
2. Response
3.aPermissive counterclaim - The defendant a
against the plaintiff that does not ariseB
h
C and the prescribed docket and other slegal fees are
out of the same transaction or occurrence,
e
provided that the amount and nature thereof within the coverage of this Rule
b l are paid. (Sec. 13, RPSCC)
R
b. Prohibited pleadings, motions o and petitions
1. Motion to dismissn r
3. Motion forh
2. Motion for a billa of particulars. a
Bor for reopening of trial.
C s
new trial, or for reconsideration of a judgment,
4. Petition for relief from judgment.
l e or any other paper.
b against any interlocutory order issued
5. Motion for extension of time to file pleadings, affidavits,
o
6. Memoranda.
R
7. Petition for certiorari, mandamus, or prohibition
n r
by the court.
a a
8. Motion to declare the defendant in default.
h B
9. Dilatory motions for postponement.
11. Third-party complaints.C s

10. Reply.
12. Interventions (Sec. 14, RPSCC).

l e
o b
R
Summary Procedure
a n a r
a . Pleadings allowed.
h B
C e s
l
1. Complaint
2. Compulsory counterclaim
3. Cross-claims pleaded in the answer
o b
4. Answer to these pleadings (Sec. 3, Rule on Summary Procedure)
R
a n
b. Prohibited pleadings, motions and petitions
C h
Same as in Small Claims Cases, except that motion to dismiss is allowed on the ground of
62
- lack of jurisdiction over the subject matter, or

- failure to comply with barangay conciliation (Sec. 19, RSP).
3. Parts of a pleading (Rule 7)

a. Caption
a r
B
e s
The Caption contains the following:
1. Name of the courtl
o b
3. Docket R
2. Title of the action
a n number, if assigned (Rule 7, Sec. 1)
a r
h B
C 1. Designation
The Body sets forth:
e s
b l
oa general prayer for such further or other relief as may
2. Allegations of the party’s claims and defenses
R
3. Relief prayed for (may add
a
be deemed just andnequitable) a r
B
Ch
4. Date of the pleading (Rule 7, Sec. 2)
e s
b. Signature and address
b l
Rule,7 Sec. 3. Signature and address.
Every pleading must be signed by the partyR
o
n r
or counsel representing him, stating in either
a
case his address which should not be a post office box.
B a
C h s
The signature of counsel constitutes a CERTIFICATE by him that
l e
(a) he has read the pleading;
o bground to support it;

R
(b) to the best of his knowledge, information, and belief there is good
n r
and
(c) it is not interposed for delay .
a Ba
C h
EFFECT. However, the court may, in itss
An unsigned pleading produces NO LEGAL
l eto
b
discretion, allow such deficiency to be remedied if it shall appear that the same was due
o
mere inadvertence and not intended for delay.
R to promptly
Counsel who (a) deliberately files an unsigned pleading, or (b) signs a pleading in violation
a n
of this Rule, or (c) alleges scandalous or indecent matter therein, or (d) fails
report to the court a change of his address, shall be subject to appropriate DISCIPLINARY
ACTION.
C h
63
c. Verification and certification against forum shopping

(1) Requirements of a corporation executing the verification/certification of
non-forum shopping
a r
B
es
Verification
lb
o
Raffidavit. This affidavit declares that the:
How is verification made?
a n
It is verified by an
1. Affiant has READ the pleading; and
a r
h B
2. Allegations therein are TRUE AND CORRECT of his PERSONAL KNOWLEDGE or
s
CA pleading required to be verified whichecontains a verification based on information and
BASED ON AUTHENTIC RECORDS (Rule 7, Sec. 4)
belief or upon knowledge, information andlbelief, or lacks a proper verification shall be treated
as an UNSIGNED pleading (Rule 7, Sec.
o b4).
R
a n
What is the significance of verification?
a r are true and correct
and not the product ofh Bthat
It is intended to secure an assurance that the allegations in a pleading
C s
the imagination or a matter of speculation, and the pleading is filed in
good faith. The absence of a proper verification is cause to treat
dismissible. (Chua vs. Torres, G.R. No. 151900, August 30, 2005)
l e the pleading as unsigned and
o b
Is verification a jurisdictional requirement? R
Such requirement is simply a conditiona

NO. The requirement regarding verification
a r with
n of a pleading is a FORMAL, nor jurisdictional.
which does not necessarily renderh the pleading fatally defective (Uy vs. LandB
affecting the form of a pleading, non compliance
Phils., 336 SCRA 419 [2000]). C

e s Bank of the
b l
o
The absence of the signature of the person misjoined as a party-plaintiff in either the
action (Chua vs. Torres, G.R. No. 151900, August 30, 2005) R
verification page or certification against forum-shopping is not a ground for the dismissal of the
an Ba r
Forum Shopping
Ch e s
Certification against forum shopping is required in filing a complaint and other initiatory l
b civil
actions since the rules for ordinary civil action are suppletory.
R o
pleadings asserting a claim or relief (Rule 7, Sec. 5). This rule applies as well to special
When is there forum shopping? n

aforum, a party seeks
a favorable opinion, other than by appeal or certiorari in another. h
There is forum shopping when, as a result of an adverse opinion in one
C There can also be forum
64
shopping when a party institutes two or more suits in different courts, either simultaneously or
successively, in order to ask the courts to rule on the same or related causes and/or to grant the
same or substantially the same reliefs on the supposition that one or the other court would make
a favorable disposition or increase a party’s chances of obtaining a favorable decision or
action. (Huibonhoa v. Concepcion, G.R. No. 153785, August 3, 2006)
r
Test to determine forum-shopping: To determine whether a party violated the rule against
a
B
forum shopping, the most important question to ask is whether the elements of litis pendentia are
present or whether a final judgment in one case will result to res judicata in another.Thus, the test is
es
whether in the two or more cases pending, there is identity of:
1. Parties
l
b
2. Rights or causes of action
o
3. Reliefs sought (Huibonhoa v. Concepcion, supra)
Ror principalagainst
n r under oath (Rule 7, Sec. 5).. It
Who executes certification forum-shopping?
a by the party himself and cannot bea

It is the plaintiff party who executes the certification
Bbe accomplished by petitioner himself is

h
must be signed
C only the petitioner himself has actual

certification
s
against forum shopping is required to
signed by his counsels. The reason the
similar actions or proceedings in differentl

because
e knowledge of whether or not he has initiated
b
courts or agencies (Digital Microwave Corp. vs. CA,
.
o
G.R. No. 128550, March 16, 2000).
What are the undertakings of R

n agencyor filed r same issues in any
a party under the certification against forum shopping?
a and, to the best of his a

1. That the party has not commenced any claim involving the
action or claimh
court, tribunal, or quasi-judicial
B statement of the present
knowledge, no such other
C s
is pending;
2. That if there
e
is such other pending action or claim, a complete
l
b
status thereof;
o
3. That if he should therefore learn that the same or similar action or claim has been filed or
aforesaid complaint or initiatory pleading R

is pending, he shall report that fact within five days therefrom to the court wherein his
has been filed (Rule 7, Sec. 5)
an B a r
In what ways may forum shopping be
C h committed?
s
1. Filing multiple cases based on the same cause of action and with the
l esame prayer, the
previous case not having been resolved yet (litis pendentia)
2. Filing multiple cases based on the same cause of actiono
b
R
and the same prayer, the
a is also either litis pendentia or Bar

n
previous case having been finally resolved (res judicata)
3. Filing multiple cases based on the same cause of action but with different prayers
Ch
(splitting causes of action) where the ground for dismissal
res judicata).
e s
b l
Effect of forum shopping
1. If the forum shopping is NOT considered WILFUL and DELIBERATE, the subsequent
R o
an
cases shall be DISMISSED WITHOUT PREJUDICE on one of the two grounds mentioned
Ch
above
65
Non-compliance with the rule on certification against forum shopping is not curable by
mere amendment and shall be a cause for the dismissal of action without prejudice, unless
otherwise provided, upon motion and after hearing (Rule 7, Sec.5)
2. If the forum shopping is WILFUL and DELIBERATE, both (or all, if there are more than two
actions) shall be DISMISSED WITH PREJUDICE (Ao-As vs. CA, 491 SCRA 353 [2006])
a r
Willfull and deliberate forum shopping of the party or his counsel shall be a ground for
summary dismissal. This dismissal is with prejudice and shall constitute DIRECT
B
CONTEMPT as well as cause for administrative sanctions on the part of counsel. (Rule 7,
Sec. 5)
es
l
b
o
What are the requirements of forum shopping certificate for a corporation?
R vested with authority by a valid board resolution may sign the certificate of
n r the Court has required that proof of
Only individuals
a
non-forum shopping
a
in behalf of a corporation. In addition,
B
C h
said authority must be attached. Failure to provide a certificate of non-forum shopping is
s
certification was submitted unaccompaniede
sufficient ground to dismiss the petition. Likewise, the petition is subject to dismissal if a
b l by proof of the signatory's authority. (Philippine

Airlines, Inc. vs. Flight Attendants and Stewards Association of the Philippines (FASAP),
G.R. No. 143088. January 24, 2006)
R o
must be accompanied by a
n
a verification as well as certification against a
r
*** Under Sections 4 and 5, Rule 7 of the 1997 Revised Rules on Civil Procedure, a pleading
h Bthein behalf
forum shopping as signed
C s(1) the Chairperson persons

by the plaintiff or principal party. As a general rule, a person signing of a corporation
must be authorized by a board resolution. However,
of Directors, (2) the President of a corporation, (3) the l

as
e
exceptions,
sign the verification and certification without a board resolution:
following can
of the Board
b General Manager or Acting General
o a board resolution to the complaint or
Manager, (4) Personnel Officer, and (5) an Employment Specialist in a labor case.
Nevertheless, the better procedure is still to append
R
a n Corporation vs. Sto. Tomas,aG.R. r No.
petition so as to not invite questions as to the authority of the signatory to sign the verification
B
and certification South Cotabato Communications
.(
173326, December 15, 2010 [TDC]) - TDC
h s
C of Secretary’s Certificate is substantiale compliance with
However, subsequent submission
the requirement that a Board Resolution must authorize the officer executing
b l theInc.non-forum
Leasing and Financing Corp., G.R. No. 157195, April 22, 2005) o
certification on behalf of the corporation. (Vicar International Construction, vs. Feb
R
a n a r
d. Effect of the signature of counsel in a pleading
h B
C etos
The signature of counsel constitutes a certificate by him that he has read the pleading; that
the best of his knowledge, information, and belief there is good ground to support it; and
b l that
it is not interposed for delay. (par. 2, Rule,7 Sec. 3.)
R o
4. Allegations in a pleading (Rule 8) a n
a. Manner of making allegations
C h
66
Rule 8, Sec. 1. In general. — Every pleading shall contain in a methodical and logical form,
a plain, concise and direct statement of the ULTIMATE FACTS on which the party pleading
relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary
facts.
(1) Condition precedent

a r
B
In any pleading a general averment of the performance or occurrence of all conditions
s
precedent shall be sufficient. (Rule 8, Sec. 3.)
e
b l
o
(2) Fraud, mistake, malice, intent, knowledge and other condition of the mind,
R
judgments, official documents or acts
an ar
Rule 8, Sec. 5. Fraud, mistake, condition of the mind.
B
Ch
In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be
s
stated with PARTICULARITY. Malice, intent, knowledge or other condition of the mind of a
e
l
person may be averred GENERALLY.
o b
R
b. Pleading an actionable document
n
Rule, 8, Sec. 7. Action or defense based on document.
Whenever an action a a r or document, the
hshall be pleaded by setting forth: s B
or defense is based upon a written instrument
C
actionable document
1. The substance of such document in the pleading e
2. Said document verbatim in the pleading (Sec. 7,b

thereof as an exhibit l and attaching the original or copy
R o Rule 8).
c. Specific denials
a n a r
A defendant must specify eachh material allegation of fact the truth of whichB
Rule 8, Sec. 10. Specific denial.
Cshall set forth the substance of the matterse s he does not
relies to support his denial. Where a defendant desires to deny only alpart of an averment,
admit and, whenever practicable, upon which he
o
he shall specify so much of it as is true and material and shall deny b only the remainder.
Where a defendant is without knowledge or information sufficient
Rstate, and this shall have the
to form a belief as to the
n r
truth of a material averment made in the complaint, he shall so
effect of a denial.
a Ba
C h s
(1) Effect of failure to make specific denials
l e
Rule 8, Sec. 11. Allegations not specifically denied deemed admitted.
o b
Rof usury in a
Material averments in the complaint, other than those as to the amount of unliquidated
damages, shall be deemed admitted when not specifically denied. Allegations
a n
complaint to recover usurious interest are deemed admitted if not denied under oath.
C h
67
N.B. If the allegations are deemed admitted, there is no more triable issue between the
parties and if the admissions appear in the answer of the defendant, the plaintiff may file a
motion for judgment on the pleadings under Rule 34
r
(2) When a specific denial requires an oath
a
Bfounded upon a written instrument (like a promissory note
Rule 8, Sec. 8. How to contest such documents.
s
When an action or defense is
e
l
which is the basis of a complaint for collection of sum of money), copied in or attached to the
EXECUTION of the b
corresponding pleading as provided in the preceding section, the GENUINENESS AND DUE
oath, specificallyo
instrument shall be deemed admitted unless the adverse party, under
R of an oath does not apply (a) when the adverse party does not appear
denies them, and sets forth what he claims to be the facts;
n
but the requirement
rwith an order for an inspection of the
originala a
to be a party to the instrument or (b) when compliance
h instrument is refused.
B
C s
5. Effect of failure to plead (Rule 9) le
1. Failure to plead defenses and o bobjections (implied admissions)
R
Defenses not pleaded in an r WAIVED.
a a
motion to dismiss or in the answer are deemed
B even for the first time on
Exceptions:
C
These defenses may h be raised at any stage of the proceedingss
appeal::
l eThis may, however, be barred by
1. Lack of jurisdiction over the subject matter (Note:
laches - Tijam v. Sibonghanoy, G.R. No. L-21450,
o b April 15, 1968)
2. Litis pendentia
4. Prescription (LLRP) (Rule 9, Sec. 1) n

R
r8)
3. Res judicata
a a
Relate to omnibus motion rule (Rule 15, Sec.
B
C h s
***Laches need not be specifically pleaded and may be considered by
l e
the court on its own
b
initiative in determining the rights of the parties. (Heirs of Valientes v. Ramas,
Ro
G.R. No. 157852; December 15, 2010) TDC
2. Failure to plead a compulsory counterclaim and cross-claim

a n a r
h not set up barred. B
C s
Rule 9, Sec. 2. Compulsory counterclaim, or cross-claim,
A compulsory counterclaim, or a cross-claim, not set up shall be barred.
l e
o b
6. Default (Rule 9, Sec. 3)
R
a. When a declaration of default is proper
a n
C h
68
What are the grounds for the declaration of default?

a) Failure of a defending party to answer within the time allowed (Rule 9, Sec. 3). This
includes failure to answer a complaint, permissive counterclaim, cross-claim, third-party
complaint, etc.
b) Wilful failure to appear before an officer to make a deposition, after being served with a
Sec. 3)
a r
proper notice, or failure to serve answers after proper service of interrogatories (Rule 29,
B 18, Sec. 5)
s
c) Failure to appear at pre-trial (Rule
l e
NOTE:
1. A declaration o
b
R(The
of default cannot be made by the court motu proprio; there must be a motion
2. If no motion to declare defendant in default is filed,r

n
to that effect Philippine British Co., Inc. vs. De Los Angeles, 63 SCRA 50 [1975]).
a B a the complaint should be dismissed for

hfailure to prosecute.
answer should be admitted s
C default, and no prejudice is caused toeplaintiff (Indiana
A defendant’s where it had been filed before it was declared in
l
3.
b
Aerospace University vs. CHED.
o
356 SCRA 367 [2001])
R
n
a HIS STANDING in court. He cannot
b. Effect of an order of default
a r
evidence and beh
a A party in default LOSES
.
B appear therein, adduce
C
first filing a motion to set aside the order of default. Hee s
heard nor take part in trial. He cannot file a motion to dismiss without
control the proceedings and examine the witnesses or

b l loses his right to present evidence,
object to plaintiff’s evidence.
o
R of subsequent proceedings but not to take
b. A motion to declare the defending party in default should be served upon him. A party in
default, however, shall be entitled to NOTICE
an a waiver of all rights. What is waived a ris only

part in the trial.
h
c. Being declared in default does not constitute
B prevails.
the RIGHT TO BE HEARD and to PRESENT EVIDENCE during trial while default
s
C to notice of final judgments and orderse and proceedings
taken subsequent thereto. He may be cited and testify as a witness. l
A party in default is still entitled
d. A party VALIDLY declared in default irreparably loses the right tob

defendant IMPROVIDENTLY declared in default may retaino
participate in the trial. A
R judgment by default are
and exercise such right to
n
participate in the trial after the order of default and the subsequent
a a r
B
annulled and the case remanded to the court of origin. The former can only appeal. The
Ch
latter may file a petition for certiorari (Indiana Aerospace University vs. CHED, supra).
e s
c. Relief from an order of default b l
Summary of the Remedies in Default
R o
a. From notice of the order of default but BEFORE JUDGMENT
a n
(1) motion to set aside order of default under Rule 9, Sec. 3(b)
(2) in a proper case, petition for certiorari under Rule 65.
C h
69
b. AFTER JUDGMENT BUT BEFORE FINALITY

(1) motion for reconsideration under Rule 37, Section 1
(2) motion for new trial under Rule 37, Section 1
r
(3) appeal under Rule 41, Section 1
a
B
s
c. AFTER FINALITY OF JUDGMENT
e
l
(1) petition for certiorari under Rule 65
b
o
(2) petition for relief from judgment under Rule 38
R
(3) petition for annulment of judgment under Rule 47.
a n a r
h B
s
d. Effect of a partial default
C Rule 9, Section 3(c). Effect of partial default.
edefending
l
When a pleading asserting a claim states a
common cause of action against several
b parties, some of whom answer and the
Ropresented.
others fail to do so, the court shall try the case against all upon the answers thus filed and
render judgment upon the evidence
an B a r
e. Extent of relief
Two (2) kinds C
h s
may be Granted
of Proceedings after Declaration of Default
l e and the Extent of Relief that
o b
(a) Without hearing
The Court may immediately render n
R
judgment granting the claimant such reliefr
kind from that prayed for nor awardh

pleading may warrant. Such relief however a B a as his
shall not exceed the amount or be different in
C
unliquidated damages. (Rule 9, Sec. 3)
e s
b l
oto submit evidence. Such
(b) With Hearing
reception of evidence may be delegated to the Clerk of R

The Court may, in its discretion, allow or require the claimant
andamages r
Court. After the reception of
claimant’s evidence, the court may render judgment granting the reliefs prayed for as
Ba
Ch
established by the evidence. It may also award unliquidated without exceeding the
amounts prayed for. (Rule 9, Sec. 3)
e s
b l
f. Actions where default is not allowed
o
R action for
a n
a. Action for declaration of nullity of marriage; action for annulment of marriage;
legal separation (Rule 9, Sec. 3 (e))
C h
70
NOTE: If the defending party fails to answer, the court shall order the prosecuting
attorney to investigate whether or not a collusion exists between the parties, and if there
is no collusion, to intervene for the State in order to see to it that the evidence submitted
is not fabricated.
a r
b. Actions governed by the Rule on Summary Procedure and Rule of Procedure for Small
Claims Cases, where a motion to declare defendant in default is not allowed.
B
e s
c. Special civil actions of certiorari, prohibition and mandamus where comment instead of
7. Filing and Serviceboflpleadings (Rule 13)

an answer is required to be filed.
R o
I. Payment ofn r
a a
docket fees
h B
CWhat are the rules on payment of
e
docket s
fees
?
l
b with RTC QC against Sun Insurance Office Ltd. for
o
Manuel Uy Po Tiong filed complaint
Rdocket fee. Later re-amended complaint and supplemental
refund of premiums, with damages that can be inferred from body of complaint to be around
P50M, but paid only P210 as
a n
complaint – total claim of P64,601. Paid total docket fee of P182,824.
a rBut petitioner claims
B
Ch
he should pay P257,810.
e s
Ruling: l
b not only in the body of the pleading
o
Rshall be considered in the assessment and
a. Amount of damages prayed for should be specified
ar
aorninitiatory pleading but also payment Bof prescribed
but also in the prayer, and said damages
payment of filing fees.
Ch with jurisdiction over subject matteresor nature of the

b. It is not simply the filing of complaint
docket fee that vests a trial court
l similar pleading is
action.
c. Without payment of correct docket fee, no original complaint or
considered filed. Hence, amendment of such complaint of similar
o b pleading, or payment
of docket fee based on the amounts sought in the amended
R pleading will not vest
jurisdiction in the court.
a n a r
fee, the court may allow payment of deficient h docket fee within a reasonable period but B
d. Where the filing of the initiatory pleading is not accompanied b y payment of the docket
not beyond the applicable prescriptive C or reglementary period. Conclusion: if thes

complete amount of docket fee is not paid, prescriptive period continues to run as e
b l the
o similar
complaint is deemed not filed.
e. The same rule applies to permissive counterclaims, third party claims and
R
n
pleadings, which shall not be considered filed unless the filing fee is paid.
a
pleading and payment of the prescribed filing fee but, subsequently,h
Where the trial court acquires jurisdiction over a claim by the filing of the appropriate
C
the court awards a claim
71
not specified in the pleadings, such as damages arising after the filing of the complaint or
similar pleading, the additional filing fee therefor shall constitute a lien on the judgment.(Sun
Insurance Office, Ltd. vs. Asuncion, 170 SCRA 274 (1989), reiterated in Tacay vs. RTC of
Tagum, Davao del Norte, 180 SCRA 433 (1989) and Heirs of Bertuldo Hinog vs. Melicor,
455 SCRA 460 (2005)).
a
II. Filing versus service of pleadingsr
B
es
What is filing?
b l
o
It is the act of PRESENTING the pleading or other paper to the clerk of court (Rule 13,
R
Sec.2)
an ar
What is service?
B
Ch
It is the act of PROVIDING A PARTY WITH A COPY of the pleading or paper concerned.
s
If any party has appeared by counsel, service upon him shall be made upon his counsel or
e
one of them, unless service upon the party himself is ordered by the court. When a party is
l
b
represented by counsel, service of notice should be made upon counsel and not upon the
party, unless service upon the party himself is ordered by the court. (Rule 13, Sec. 2).
R o
n
a be filed personally or by registered mail.
May a pleading be filed by ordinary mail?
a r
h
No. Pleadings may only
B (Rule 13, Sec. 3)
C e s
What papers are required to be filed and served? l
b to the complaint, written motion,
notice, appearance, demand, offer of judgment or o
Every judgment, resolution, order, pleading subsequent
R
similar papers shall be filed with the court,
n r
and served upon the parties affected (Rule 13, Sec.4).
a 11) B a
h
III. Periods of filing of pleadings (Rule
C e s
b l
30 days 15 days
o
10 days
Answer of a defendant foreign 1. Answer to the complaint. R
private juridical entity.
a n 1. Answer to amended
complaint (NOT a matter of
a r
h 2. Answer to counterclaim ors B
2. Answer to amended
right)
C
complaint (matter of right)
3. Answer to third (fourth,
l e
b
cross-claim
etc.)- party complaint.
complaint.
R o
3. Answer to supplemental
4. Reply.
a n
C h
72
Answer to the complaint. within fifteen (l5) days after service of

summons, unless a different period is
a r fixed by the court.
B private (30)
s
Answer of a defendant foreign days after receipt of summons by
juridical entity.
e such entity
lcomplaint (matter within fifteen (l5) days after being served
Answer to amended
o b
R
of right) with a copy thereof
n
a of right) a rthe same. (An answer earlier
Answer to amended complaint (NOT a ten (10) days from notice of the order
h Bmay serve as the answer to the

matter admitting
C s
filed
e amended
l
complaint if no new answer is
o b ten (l0) days from service

filed.)
R
Answer to counterclaim or cross-claim.
a n a r
h(fourth, etc.)- party same B to the complaint
complaint. C (within fifteen s
Answer to third rule as the answer
e
summons,lunless a different period is
(l5) days after service of
fixed byb
o the court.)
R ten (l0) days from service of the

Reply.
n within
a pleading responded to a r
h B
C s
ea different
l
Answer to supplemental complaint. ten (10) days from notice of the order
admitting the same, unless
o b
period is fixed by the court.
R
* Upon motion and on such terms as
may be just, the court may extend the
a n a r
h B
s
time to plead provided in these Rules.
C e
* The court may also, upon like terms,
allow an answer or other pleading to
b l
be filed after the time fixed by these
R o
n
Rules
a
C h
73
IV. Manner of filing

Rule 13, Sec. 3. Manner of filing. — The FILING of pleadings, appearances, motions,
notices, orders, judgments and all other papers shall be made by presenting the original copies
r
thereof, plainly indicated as such, personally to the clerk of the court or by sending them by
a
registered mail. In the first case, the clerk of court shall endorse on the pleading the date and
B
hour of filing. In the second case, the date of the mailing of motions, pleadings, or any other
s
papers or payments or deposits, as shown by the post office stamp on the envelope or the
e
registry receipt, shall be considered as the date of their filing, payment, or deposit in court.
l
o b
R
V. Modes of service (Rule 13, Sec. 5)
an r
Service of pleadings, motions, notices, orders, judgments and other papers shall be made
either PERSONALLY or by MAIL.
B a
Ch e s
l— Service of the papers may be made by delivering
(1) Personal service
b
ohis counsel, or by leaving it in his office with his clerk or
Rule 13, Sec. 6. Personal service.
with a person having charge R

personally a copy to the party or
If no person is found inn or his office is not known, or her

thereof.
hours of eight in the morning and a

a histheoffice, B
has no office, then by
Chresidence, if known, with a person ofesufficient

leaving the copy, between six in the evening, at the
party's or counsel's
s age and discretion then
l
residing therein.
o b
(2) Service by mail
R
abyndepositing the copy in the post office,Binaarsealed
Rule 13, Sec. 7. Service by mail.
envelope, plainly addressed to the h

Service by registered mail shall be made
Cparty s postmaster to
or his counsel at his office, if known, otherwise at his
e
l registry
residence, if known, with postage fully pre-paid, and with instructions to the
return the mail to the sender after ten (l0) days if undelivered. If no
b service is
Ro
available in the locality of either the sender or the addressee, service may be done by
ordinary mail. (5a)
an Ba r
Ch mail.
May service be done by ordinary mail?
Yes. Service may be done either by registered or ordinary
e s
b l
(3) Substituted service
o
R notices,
resolutions, orders and other papers cannot be made under the two n
Rule 13, Section 8. Substituted Service. If service of pleadings, motions,
ato theof the

preceding sections
h
(personal service and service by mail), the office and place of residence party or his
C
counsel being unknown, service may be made by delivering the copy clerk of court,
74
with proof of failure of both personal service and service by mail. The service is complete at
the time of such delivery.
(4) Service of judgments, final orders or resolutions
r
Rule 13, Sec. 9. Service of judgments, final orders or resolutions.
B a
Judgments, final orders or resolutions shall be served either personally or by registered mail.
When a party summoned by publication has failed to appear in the action, judgments, final
es
orders or resolutions against him shall be served upon him also by publication at the
l
expense of the prevailing party.
o b
R
(5) Priorities in modes of service and filing
an ar
Rule 13, Sec. 11. Priorities in modes of service and filing.
B
Ch
Whenever practicable, the service and filing of pleadings and other papers shall be done
s
PERSONALLY. Except with respect to papers emanating from the court, a resort to other
e
l
modes must be accompanied by a written explanation why the service or filing was not done
b
personally. A VIOLATION OF THIS RULE MAY BE CAUSE TO CONSIDER THE PAPER AS
o
NOT FILED.
R
an a r
Rule 13, Sec. 11 requires personal service of petitions and other pleadings. This is the
Where recourse h B of why personal service

general rule, while recourse to alternative modes of service and filing is the exception.
C s
e by its nature is acceptable
is made to the exception, a written explanation
and manifest. Where no explanation is offered to justifyl

was not effected is indispensable, even when such explanation
o
expunge the pleading. (Zulueta vs. Asia Brewery, Inc.,b G.R. No. 138137, March 8, 2001)
resort to other modes, the court may
R
(6) When service is deemed complete
a n a r
Rule 13, Sec. 10. Completenessh B
s
Cupon actual delivery. Service by ordinarye mail is complete
of service.
upon the expiration of ten (10) days after mailing, unless the courtlotherwise provides.
Personal service is complete
days from the date he received the first notice of the postmaster, o
b or after five (5)
Service by registered mail is complete upon actual receipt by the addressee,
R whichever date is earlier.
a n a r
B
When service is deemed complete
C h s
1. PERSONAL SERVICE - Upon actual delivery
l e
2. ORDINARY MAIL - Upon expiration of 10 days after mailing
o b
R
3. REGISTERED MAIL - Upon actual receipt by the addressee OR five (5) days from the
date he received first notice from postmaster
n
acopy to the clerk of
Ch
4. SUBSTITUTED SERVICE - At the time of such delivery of the
court
75
(7) Proof of filing and service

Rule 13, Sec. 12. Proof of filing.
The FILING of a pleading or paper shall be proved by its existence in the record of the
r
case. If it is not in the record, but is claimed to have been filed PERSONALLY, the filing shall
copy of the same;

B a
be proved by the written or stamped acknowledgment of its filing by the clerk of court on a
es
if filed by REGISTERED MAIL, by the registry receipt and by the affidavit of the person
b l
who did the mailing, containing a full statement of the date and place of depositing the mail in
the post office in a sealed envelope addressed to the court, with postage fully prepaid, and
delivered.
R o
with instructions to the postmaster to return the mail to the sender after ten (10) days if not
an B a r
h
Rule 13, Sec. 13. Proof of service.
s
Cor (b) official return of the server, or (c)e affidavit
Proof of PERSONAL SERVICE shall consist of a (a) written admission of the party served,
statement of the date, place and manner l of the party serving, containing a full
b of the person mailing of facts showing compliance
of service. If the service is by ORDINARY MAIL,
o
proof thereof shall consist of an affidavit
Rreceipt issued by the mailing office. The registry return card
with section 7 of this Rule. If service is made by REGISTERED MAIL, proof shall be made by
shall be filed immediately upon its receipt by the sender, or in lieur

n
such affidavit and the registry
a a
B the postmaster to the
thereof the unclaimed
C h
letter together with the certified or sworn copy of the notice given
s
by
e
addressee.
b l
What is a notice of lis pendens?
R o
It is a notice of the pendency of a real action which the plaintiff or defendant may record in the
an a r
office of the register of deeds where the property subject of the action is situated.
h B
C
What is the purpose of a notice of lis pendens? s
ereal property is the
To serve as constructive notice to those not parties to the case that the
b l
o
subject of a pending litigation (Rule 13, Sec. 14)
R(Rule10)
8. Amendment – Amended and Supplemental Pleadings
a n a r
h B
C e s
l
Amendments in general (See below)
a. Amendment as a matter of right
o b
Rule 10, Sec. 2. Amendments as a matter of right.
R
n
a ten (l0) days after
A party may amend his pleading once as a matter of right at any time BEFORE a
Ch
responsive pleading is served or, in the case of a reply, at any time within
it is served
.
76
NOTES:
1. The filing by the defendant of a motion to dismiss does not affect the plaintiff’s right to
amend his complaint without first securing leave of court because a motion to dismiss
is NOT a responsive pleading.
a r
2. Leave of court is necessary AFTER the filing of a responsive pleading. However, even
B
substantial amendments may be made under this Rule.
es
3. But such leave may be refused, if it appears to the court that the motion was made with
intent to delay.
l
b
b. Amendments
o
R by leave of court
Rule 10,n r
a Sec. 3. Amendments by leave of court.
a
Bbe refused
h
Cmotion was made with intent to delay. Orders
Except
s
as provided in the next preceding section, substantial amendments may be made
only upon leave of court. But such leave
l emay if it appears to the court that the
b filed in court, and after (b) notice to the adverse

of the court upon the matters provided in this
o
section shall be made upon (a) motion
c. Formal amendment n
R
party, and an (c) opportunity to be heard.
a a r
Rule 10, Sec. 4.h B
C Formal amendments.
s
eof theclerical
may be summarily corrected by the court at any stage l
A defect in the designation of the parties and other clearly
badverse party.
or typographical errors
action, at its initiative or on
o
motion, provided no prejudice is caused thereby to the
R
a presentation of evidence Bar
n
Rule 10, Sec. 5. Amendment to h
d. Amendments to conform to or authorize
C
When issues not raised by the pleadings are tried with the express ore
s
conform to or authorize presentation of evidence.
the parties, they shall be treated in all respects as if they had beenb l in the pleadings.
raised
implied consent of
R o
Such amendment of the pleadings as may be necessary to cause them to conform to the
evidence and to raise these issues may be made upon motion of any party at ANY TIME,
issues. If evidence is OBJECTED to at the trial on thea

n
even after judgment; but failure to amend does not affect the result of the trial of these
a r
made by the pleadings, the court may allow the pleadings to be amended and shall do so B
h
ground that it is not within the issues
C
SUBSTANTIAL JUSTICE will be subserved thereby. The court may grant a continuanceeto
with liberality if the (a) presentation of the MERITS of the action and the (b) ends of s
enable the amendment to be made.
b l
Ro
an
Amendments to Conform to or Authorize Presentation of Evidence
Ch
77
When issues not raised by the pleadings are tried with the express or implied consent of
the parties
1. They shall be treated in all respects as if they had been raised in the pleadings;
2. Such amendment of the pleadings as may be necessary to cause them to conform to the
evidence may be made upon motion of any party at any time, even after judgment;
a r
3. BUT failure to amend does NOT affect the result of the trial of these issues.
B
es
If evidence is objected to at the trial on the ground that it is not within the issues made
by the pleadings
bl
o
1. The court may allow the pleadings to be amended;
Rwill be subserved thereby;

2. It shall do so with liberality if the presentation of the merits of the action and the ends of
n
substantial justice
ar to be made.
a may grant a continuance to enable theBamendment
Ch
3. The court
e s
b l
Ro in general.
e. Different from supplemental pleadings
an a mistake r or the name of

Rule 10, Section 1. Amendments
in the name of a party ora

Pleadings may be amended by (a) adding or striking out an allegation
h in any other respect, so that the sactual

any party, or by (b) correcting
B merits of the controversy
a mistaken or inadequate
C
allegation or description
e and in the most expeditious
l
may speedily be determined, without regard to technicalities,
and inexpensive manner.
o b
Rule 10, Sec. 6. Supplemental pleadings. R
a nupon reasonable notice and upon suchaterms r as

are just, permit him to serve a supplemental pleading setting forth transactions,B
Upon motion of a party the court may,
C h s
occurrences
The adverse party may plead thereto within ten (10) days from notice of e
or events which have happened since the date of the pleading sought to be supplemented.
the supplemental pleading.

b l the order admitting
Ro
NOTES:
1. The adverse party may plead thereto within tena
n a r
the complaint shall serve as the answer B
Ch answer is filed.
(10) days from notice of the order
s
admitting the supplemental pleading. The answer to
to the supplemental complaint if no new or supplemental
l e
b
2. A supplemental pleading incorporates matters arising AFTER the filing of the complaint.
Ro
A supplemental pleading is always filed with leave of court. It does not result in the withdrawal
of the original complaint.
an
Ch
f. Effect of amended pleading
78
Rule 10, Sec. 8. Effect of amended pleadings.

An amended pleading SUPERSEDES the pleading that it amends. However, admissions
in superseded pleadings may be received in evidence against the pleader; and claims or
defenses alleged therein not incorporated in the amended pleading shall be deemed waived.
a r
What happens to the admissions in the original pleading?
They cease to be judicial admissions. Thus, they are to be considered as extrajudicial
B
admissions and may be proved by the party relying thereon by formal offer in evidence of such
es
original pleading. (Ching vs. CA, G.R. No. 110844, April 27, 2000)
lb
F. Summons (RuleR14)
o
1. Nature n and purpose of summons in relationrto actions in personam, in rem
a Ba
C h
and quasi in rem
s
e
l to the defendant, signed by the clerk of court
b
Contents. - The summons shall be directed
Roand the names of the parties to the action;

under seal, and contain:
nthe defendant answer within the time fixed rby these Rules;
(a) the name of the court
(b)
a
a direction that
a
B will take judgment by
C
(c) a notice h s
that unless the defendant so answers, plaintiff
default and may be granted the relief applied
e
for.
l guardian ad litem, if any, shall be
attached to the original and each copy of the summons b(Rule 14, Sec. 2)
A copy of the complaint and order for appointment of
Ro
.
a n is notified of the action brought againsta rhim.

Bperson.
SUMMONS is a writ by which the defendant
C h
Service of such writ is the means by which
s
the court may acquire jurisdiction over his
NON-SERVICE OR IRREGULAR SERVICE OF SUMMONS may be a ground

l e for dismissal for
lack of jurisdiction over the person of the defending party.
o b
What is the effect of lack of summons?
R
a
The trial court does not acquire jurisdiction and renders n NULL AND VOID all subsequent
a r
proceedings and issuances in the actions from the order
h
of default up to and including the
B
judgment by default and the order of execution.
C
However, lack of summons may be WAIVED as when the defendant fails to make e
s
b
seasonable objection to the court’s lack of jurisdiction over the person of the defendant. l any
Summons May be Served ONLY by

R o
1. Sheriff;
a n
2. Sheriff’s deputy; or
C h
79
3. Other proper court officers; or

4. For justifiable reasons, by any suitable person authorized by the court issuing the summons
(Rule 14, Sec. 3)
ALIAS SUMMONS – one issued by the clerk of court on demand of the plaintiff when the
a r
original summons was returned without being served on any or all of the defendants, or when
B
summons has been lost. When issued, it supersedes the first summons.
2. Voluntary appearance
e s
b l appearance.The defendant's voluntary appearance in the
Rule 14, Sec. 20. Voluntary
R o
action shall be equivalent to service of summons. The inclusion in a motion to dismiss of
other grounds aside from lack of jurisdiction over the person of the defendant shall not be
a n
deemed a voluntary appearance.
a r
h B of summons.
C Exc.: Special appearance in courttotoedismiss
Voluntary
s
appearance cures the defect in the service
defendant and the inclusion in a motion l

challenge its jurisdiction over the person of the
b
of other grounds shall not be deemed a
o
voluntary appearance (La Naval Drug Corp. vs. CA, G.R. No. 103200, August 31, 1994).
R
an a r
SUMMONS
h
Modes of Service of Summons
B
C e s
l
There are four (4) modes of serving summons:
1) personal service;
o b
3) constructive service (by publication); andR
2) substituted service;
an B a r
h
4) extraterritorial service.
C e s
What are the purposes of summons?
b l
1. Actions in personam o
Rbeenandcommenced against him
n29, 2000) r
a. To acquire jurisdiction over the person of the defendant;
b. To give notice to the defendant that an action has
a jurisdiction over the defendant but B
a
h
(Umandap vs. Sabio, Jr., G.R. No. 140244, August
C
2. Actions in rem and quasi in rem – not to acquire
e s
l
mainly to satisfy the constitutional requirement of due process (Gomez vs. CA, G.R. No.
b
127692, March 10, 2004).
3. Personal service
R o
Rule 14, Sec. 6. Service in person on defendant.
Whenever practicable, the summons shall be served by HANDING a
n
h
a copy thereof to the
C
defendant in person, or, if he refuses to receive and sign for it, by TENDERING it to him.
80
If there are two (2) or more defendants, each one of them should be served a copy of the
summons and the complaint (Bello vs. Ubo, 117 SCRA 91 [1982])
4. Substituted service
r
Rule 14, Sec. 7
B a
If for justifiable causes, the defendant cannot personally be served with summons within
a reasonable time, service may be effected:
es
1) by leaving copies of the summons at the defendant’s RESIDENCE with some person of
b l
suitable age and discretion then residing therein, or
R o
2) by leaving the copies at the defendant’s OFFICE or regular place of business with some
competent person in charge thereof.
an B ar
Ch
In substituted service, it is immaterial that the defendant does not in fact receive actual
s
notice. This will not affect the validity of the service.
e
bl
R o
For substituted service to be justified, the following circumstances must be clearly
an a r
established: (a) personal service of summons within a reasonable time was impossible; (b)
B
Ch
efforts were exerted to locate the party; and (c) the summons was served upon a person of
s
sufficient age and discretion residing at the party’s residence or upon a competent person in
e
charge of the party’s office or place of business. Failure to do so would invalidate all subsequent
lb
proceedings on jurisdictional grounds (Robinson vs. Miralles, G.R. No. 163584, December 12,
2006)
o
Ra reasonable
n period [of one month]r
For substituted service of summons to be available, there must be several attempts by the
at least three (3) tries, preferably on h

a
sheriff to personally serve the summons within
at least two different dates. In addition, theB

eventually resulted in failure to prove impossibility a
of prompt service. “Several attempts”
which
means
C It is only then that impossibility ofsservice can be

sheriff must
confirmed or accepted. (Manotoc vs. Court of Appeals, G.R. No. 130974, l

cite why such efforts were unsuccessful.
e 16, 2006, 499
b
August
o
SCRA 21)
R upon the defendant but he

a n
If diligent efforts were undertaken by the Sheriff to serve summons
a r
acquired jurisdiction over the person of B
Ch
was PREVENTED from effecting such service by the DEFENDANT HIMSELF, summons shall
s
be deemed PROPERLY served and that the court has
the defendant. (Robinson v. Miralles, supra )
l e
o b
Defendant’s filing of a motion for resetting of the hearing of the motion for execution effectively
R
cured the defect of the substituted service of summons. Although the substituted service of
statement with regard to the impossibility of personal service, said defect a nwas cured by his
summons on defendant is patently defective as the sheriff’s return does not contain any
Ch
voluntary appearance therein. An appearance in whatever form without expressly objecting to
the jurisdiction of the court over the person, is a submission to the jurisdiction of the court over
81
the person of the defendant or respondent. (Cezar vs. Ricafort-Bautista, G.R. No. 136415,.
October 31, 2006.)
In a proceeding in rem or quasi in rem , jurisdiction over the person of the defendant is not a
prerequisite to confer jurisdiction on the court provided that the court acquires jurisdiction over
a r
the res. Nonetheless, summons must be served upon the defendant not for the purpose of
vesting the court with jurisdiction but merely for satisfying the due process requirements. A
B
resident defendant who does not voluntarily appear in court, must be personally served with
es
summons as provided under Section 6, Rule 14 of the Rules of Court. (Biaco vs. Philippine
l
Countryside Rural Bank, G.R. No. 161417, February 8, 2007, 515 SCRA 106.)
o b
R
5. Constructive service (by publication)
a. Servicen
a are unknown
upon a defendant where his identity
a r is unknown or where his
h
whereabouts
B identity or whereabouts are unknown. –
Rule 14, Sec. 14. Service upon defendant s
CIn ANY ACTION where the defendant isedesignated as an unknown owner, or the like, or
whose
whenever his whereabouts are unknown

b l and cannot be ascertained by diligent inquiry,
R o
service may, by leave of court, be effected upon him by publication in a newspaper of
general circulation and in such places and for such time as the court may order.
aanynaction,
N.B. When the defendant
even in actions in personam. a
is a resident of the Philippines, service
B
r of summons by
h
publication is allowed in
Hence, this can be allowed in a suit for collection of s
C e
sum of money, which is an in
personam action.
b l
R o
b. Service upon residents temporarily outside the Philippines
a
Rule 14, Sec. 16. Residents temporarily n out of the Philippines.
a r
Philippines, but who is temporarilyh
When any action is commenced against a defendant who ordinarily resides within the
B
out of the Philippines, as under C e s
out of it, service may, by leave of court, be also effected
the preceding section.
b l
o
In ANY suit against a resident of the Philippines temporarily absent from the country, the
R
defendant may be served by SUBSTITUTED service because he still leaves a definite place of
n r
residence where he is bound to return.
In addition, EXTRATERRITORIAL service [by personal
a service effected out of the
Ba
time as the court may order] MAY be resorted to WITHh
Philippines OR by publication in a newspaper of general circulation in such places and for such
C LEAVE OF COURT .
e s
6. Extra-territorial service, when allowed
b l
Rule 14, Sec. 15. Extraterritorial service. o
R a NON-
Extraterritorial service of summons is allowed where the action is against
RESIDENT DEFENDANT who is NOT FOUND in the Philippines and the action:
a n
1) affects the personal status of plaintiffs;
C h
82
2) relates to or subject of which is property in the Philippines (real or personal), in which the
defendant has claim, lien or interest, actual or contingent; or
3) in which relief demanded consists wholly, or in part, in excluding the defendant from any
interest therein; or
r
4) property of defendant has been attached within the Philippines
a
Ba loanbe effected?
s
A filed a complaint to collect from B, who is a resident of Singapore. May
e
extraterritorial service of summons
l would
service may theno
b
No, since the action
Philippines, the attachment
is in personam. However, if A attaches property of B in the
convert A’s action into one quasi in rem. Extraterritorial
R be effected.
To be a
n a r
h B must be with LEAVE OF COURT and
effective, extraterritorial service of summons
C1. Personal service;

only through any of the following means:
e s
l
2. By publication (and copy of thebsummons and order of the court must be sent by
registered mail to the last knowno
Rcourt may deem sufficient. (Rule 14, Sec. 15).
address);
n
3. Any other manner which the
a a r
May summons beh B
C validly served by telefax or email?
Yes. Extraterritorial service may be in “any other mannere
s
b l the court may deem sufficient.”
NOTE: o
Rupon a non-resident must be made OUTSIDE
a. The three modes of service of summons
a n
Philippine Embassy in a country where a
r
the Philippines, such as through the
h B defendant
C is not binding on wife who is a non-residents

resides (Valmonte vs. CA, 252 SCRA 92 [1996]).
b. Service of summons on husband e
l (In contrast to
(ibid.)
January 23, b
Valmonte):The lower court had acquired jurisdiction over defendanto
Gemperle v. Shenker (G.R. No. L-18164, 1967)
the summons addressed to him upon his wife, Mrs. Schenker,R

husband, through service of
an incapacity.. r
it appearing from said answer
that she is the representative and attorney-in-fact of her husband the aforementioned civil
Ba
C h
case, which apparently was filed at her behest, in her representative
s
c. Substituted service or extraterritorial service of summons by leave of court on a resident
l e
defendant who is temporarily outside of the Philippines is valid. (Rule 14, Sec. 16).
o b
NOTE:
R
rem. – this is so because in in rem and quasi in rem actions, jurisdiction a n
a. Extraterritorial service of summons is proper only in actions in rem or quasi-in-
over the person of the
Ch
defendant is not a pre-requisite to confer jurisdiction on the court provided that the court
acquires jurisdiction over the res.
83
In rem – action against the thing itself instead of against the person
Quasi in rem – individual is named as defendant since the purpose of the proceeding is to
subject his interest therein to the obligation or loan burdening the property.
b. Any relief granted in in rem or quasi in rem actions must be confined to the res, and the
court cannot lawfully render a personal judgment against the defendant.
a r
c. Where the action is in personam, such as where the plaintiff seeks to recover damages for
B
the alleged commission of an injury to the person or property of the plaintiff, personal, or if not
s
possible, substituted service of summons, and NOT EXTRATERRITORIAL SERVICE, is
e
necessary to confer jurisdiction upon the person of defendant (Banco do Brasil vs. CA, June 16,
l
b
2000).
R o
*** Extraterritorial Service only applies to action in rem or quasi in rem, but not if an action is in
a n a rTherefore Section 15 is inapplicable.

personam. The complaint to declare the loan and Hedging Contracts between the parties void
B ofaffirmative
with a prayer for damages is an action in personam.
h srelief against his opponentAandpartyaftercannot
However, the Court ruled that the petitioner, by seeking reliefs from the trial court, is
theC e
deemd to have voluntarily submitted to the jurisdiction the said court. invoke
failinf to obtain such relied, repudiate orl

jurisdiction of a court to secure affirmative obtaining or
Sons (Australia) Limited v. LepantobConsolidated Mining Company, G.R. No. 175799,

question that same jurisdiction. NM Rothschild &
(
November 28, 2011) - TDC

R o
Can summons be served by
a nbymail? a r to service of
h but it does not mean that service 2005 by B
No. It cannot be served mail but it can be done as a complementary
suffice. (Regalado,C Remedial Law Compendium, Vol. I, p. 242, s

summons by publication, registered mail alone would
l e ed)
7. Service upon prisoners and minors

o b
Rule 14, Sec. 9. Service upon prisoners. R
a r
n in a jail or institution, service shall beaeffected
Bis deemed
When the defendant is a prisoner confined
h
upon him by the officer having the management of such jail or institution who
C s
e
deputized as a special sheriff for said purpose.
b l
Rule 14, Sec. 10. Service upon minors and incompetents.
When the defendant is a minor, insane or otherwise anR
o
made upon him personally and on his legal guardian ifn r
incompetent, service shall be
a a
he has one, or if none, upon his
h B
guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a
C s
minor, service may also be made on his father or mother.
a corporation, partnership or association organized under the laws of the Philippines l

Rule 14, Sec. 11. Service upon domestic private juridical entity. — When the defendant is
e
juridical personality, service may be made on the president, managing partner,b
with a
manager, corporate secretary, treasurer, or in house counsel.

R o general
Service on domestic private juridical entity

a n
h
Service may be made on the:
a. president
C
84
b. managing partner
c. general manager
d. corporate secretary
e. treasurer, or
f. in-house counsel.
a r
B
s
Service on an agent of the corporation is not permitted. The designation of persons or
e
l
officers who are authorized to accept summons for a domestic corporation is limited and
o b
more clearly specified. The rule states “general manager” instead of only “manager”,
“corporate secretary” instead of “secretary” and “treasurer” instead of “cashier”.
Cagayan de R
Service of summons upon the Branch Manager of petitioner at its branch office in
a n Consequently, the trial court did notr

Oro City instead of upon the general manager at its principal office in Davao
a
B
City is improper. acquire jurisdiction over the person of
(E.h
s
the petitioner. Any proceeding undertaken by the trial court will consequently be null and void
C e
B. Villarosa & Partner Co., Ltd. vs. Benito, 312 SCRA 65 [1999]).
b l
o11 of Rule 14; rather, summons was served by substituted
Clearly, the summons was not served personally on the defendant (respondent) through any
service on the defendant’s staffR

of the officers enumerated in Section
n at service of summons, and thereawas r no indication that

member, Romel Dolahoy. Substituted service was resorted
prior efforts were madea

to on the server’s first attempt
Span Builders, Inc. h

to render prompt personal service on the
B defendant. (B. D. Long
C e s
vs. R. S. Ampeloquio Realty Development, Inc., G.R. No. 169919,
l
September 11, 2009
o b
Service upon foreign private juridical entity (Rule
R business
14, Sec. 12). — When the defendant is a
n
foreign private juridical entity which has transacted
a designated by law to that effect, or B

made on its resident agent designated in accordance
on a
r be
in the Philippines, service may be
with law for that purpose, or, if there
C h If the foreign private juridical entity issnoteffected

no such agent, on the government official
officers or agents within the Philippines.
any of its
registered in
the Philippines or has no resident agent, service may, with leave of court, be
l e out of
b
the Philippines through any of the following means:
R o
an r
a) By personal service coursed through the appropriate court in the foreign country with the
assistance of the Department of Foreign Affairs;
a
C h circulation in the country where thes B
defendant may be found and by serving a copy of the summons and the court ordere
b) By publication once in a newspaper of general
b l by
o
registered mail at the last known address of the defendant;
R
a n
c) By facsimile or any recognized electronic means that could generate proof of service; or
C h
85
d) By such other means as the court may in its discretion direct.(As amended by A.M. No. 11-
3-6-SC, March 15, 2011)
This will be allowed only if there are well-pleaded allegations of having transacted or
doing business in the Philippines.
a r
The fact of DOING BUSINESS in the Philippines must be established by appropriate
B
allegations in the complaint. The court need not go beyond the allegations of the complaint
s
in order to determine whether it has jurisdiction.
l e
A determination that the foreign corporation is doing business is only tentative and is made
b
only for the purpose of enabling the local court to acquire jurisdiction over the foreign
o
corporation through service of summons pursuant to Rule 14, Section 12. Such
R
determination does not foreclose a contrary finding should evidence later show that it is not
n r
transacting business in the country.
a a
B — When the defendant is the Republic
of C
h 14, Sec. 13. Service upon public corporations.
Rule
s
l e
the Philippines service may be effected on the Solicitor General
*** When the defendant is theo

b
Ritstheregional
Republic of the Philippines, service may be effected on the
n rto the OSG,

Solicitor General. The DPWH and office are merely agents of the Republic which is
a a
the real party in interest. Hence, summons should have been directed to the Republic
h B
through the OSG. Since the lower court was not able to send summons it was not
and its decision C are hereby declared void. (Republic of s

able to acquire jurisdiction over the Republic. Therefore, the proceedings before the trial court
l e the Philippines v. Alberto A.
b
Domingo, G.R.No. 175299; September 14, 2011) - TDC
8. Proof of service Ro
Rule 14, Sec. 18. Proof of service. an a r
h shall be made in writing by the server B
C
The proof of service of a summons
e s and shall set
l
forth the manner, place, and date of service; shall specify any papers which have been
sworn to when made by a person other than a sheriff or his deputy. b

served with the process and the name of the person who received the same; and shall be
R o
n r
If the service has been made by publication, servicea a
Rule 14, Sec. 19. Proof of service by publication.
C h business or advertising manager, tos B

may be proved by the affidavit of the
which affidavit a copy of the publication shall be attached, and by an affidavit showing e
printer, his foreman or principal clerk, or of the editor,
l
the
deposit of a copy of the summons and order for publication in the post office, postage
prepaid, directed to the defendant by registered mail to his last known address.
o b
R
G. Motions (Rule 15)
a n
1. Motions in general
C h
86
a. Definition of a motion
Rule 15, Section 1. Motion defined.
A motion is an application for relief other than by a pleading.
b. Motions versus pleadings

a r
B
Rule 6, Section 1. Pleadings defined.
es
Pleadings are the written statements of the respective claims and defenses of the parties
l
submitted to the court for appropriate judgment.
b
R o
c. Contents and form of motions
a n
Rule 15, Sec. 2. Motions must be in writing.
a r
h B
All motions shall be in writing except those made in open court or in the course of a
Chearing or trial.
e s
b l
Rule 15, Sec. 3. Contents.
A motion shall state the (a)R
o
an affidavits and other papers. Bar
relief sought to be obtained and the (b) grounds upon which
it is based, and if required by these Rules or necessary to prove facts alleged therein, shall
h
be accompanied by supporting
C s
d. Notice of hearing and hearing of motions le
Rule 15, Sec. 4. Hearing of motion.
o b
Except for motions which the court may R
n r
act upon without prejudicing the rights of the
a
adverse party, every written motion shall be set for hearing by the applicant.
a
B shall be
h
Every written motion required to be heard and the notice of the hearing thereof
s
BEFORE the date of hearing, C unless the court for good cause sets thee
served in such a manner as to ensure its receipt by the other party at least three (3) days
notice.
b l hearing on shorter
Ro
Rule 15, Sec. 5. Notice of hearing.
a nconcerned, and shall specify the ar
than ten (10) days AFTER the filing of B
Ch
The notice of hearing shall be addressed to all parties
s
time and date of the hearing which must not be later
the motion.
Rule 15, Sec. 6. Proof of service necessary. — No written motion set for hearinglshall
e
be acted upon by the court without proof of service thereof.
o b
R
> e. Omnibus motion rule a n
Rule 15, Sec. 8. Omnibus motion.
C h
87
Subject to the provisions of section 1 of Rule 9, a MOTION attacking a pleading, order,

judgment, or proceeding shall include all objections then available, and all objections not so
included shall be deemed WAIVED.
Gen. Rule: All available grounds for objection in attacking a pleading, order, judgment,
r
or proceeding [POJP] should be invoked at one time; otherwise, they shall be deemed
a
waived
1. Lack of jurisdictions
Exc. The court may dismiss Bthe case motu proprio based on:
2. Litis pendentia e
over the subject matter;
b land
Ro
3. Res judicata;
4. Prescription [LLRP] (Rule 9, Sec. 1)
an and ex parte motions Bar

f. Litigated
C h s necessary. A litigious motion is one which the

Litigated motion - compliance with Rule 15
reconsideration, motion to dismiss, motionl

e
b
court may not act upon without prejudicing the rights of the adverse party. Ex. Motion for
to declare defendant in default, motion for execution,
o
motion for judgment on the pleadings and motion for summary judgment
R
Ex parte motions- While na motion may be allowed to be filed ex hearing
to the 3-day notice rule,ait does not necessarily mean that the a
r andthereof
parte is an exception
dispensed with. The h Bis, in the absenceshallof thebe

opposing party, sinceC the court can very well see to it thattaken
court may still hear the same ex parte, that
ethes latter’s interests will be duly
protected. An ex parte proceeding merely means that it isl
b
or granted at the instance and
o motion for postponement; motion for

for the benefit of one party, and without notice to or contestation by any party adversely
extension of time to file record on appeal; motionR

affected. Ex. motion for extension of time to file answer;
n r
to set case for pre-trial.
a B a
g. Pro-forma motions h s
C with Rule 15, particularly Sections 4,e5 and 6 (hearing,
A motion that does not comply
filing and is not entitled to judicial cognizance and does not affect b
notice of hearing, proof of service), is a mere scrap of paper, should lnot be accepted for
Ro
any reglementary period
involved for the filing of the requisite pleading.
*** As to Sections 4, 5, and 6, Rule 15 of the Rules ofa

n a r
h shall state the time and place for the B
Court, they provide that the notice of
C complied with, they render the motion pros

hearing shall be directed to the parties concerned, and
forma. As such, the motion is a useless piece of paper that will not toll the running of e
hearing of the motion, are mandatory. If not religiously
prescriptive period. However, jurisprudence such as the case of Philippine Nationalb

l the
Paneda, 515 SCRA 639 (2007) have allowed for the liberal interpretation of sucho
Bank v.
there is substantial compliance. Thus, even if the motion may be defectiveR

rules when
nthe defect was

for failure to
cured by the (a) court’s taking cognizance thereof and the fact that a
address the notice of hearing of said motion to the parties concerned,
Ch
the (b) adverse party
88
was otherwise notified (thru registered mail) of the existence of said pleading.
(Dumaguete v. Philippine Ports Authority, G.R. No. 168973; August 24, 2011) TDC
2. Motion for Bill of Particulars (Rule 12)
a r
Options available to the defendant upon receipt of the complaint
B
s
1. Filing of a motion for bill of particulars
3. Filing of an answer toe

l the complaint
2. Filing of a motion to dismiss
b
a. Purpose ando
What n
R when applied for
apurpose
is the purpose of a bill of particulars?
a r pleading. An action cannot be
h on the ground that the complaint is B
Its is to aid in the preparation of a responsive
CNo. L-30380,
dismissed
s vague or indefinite (Galeon v. Galeon, G.R.
e matters in the complaint which are vague,
It is a motion which seeks to l
Feb. 28, 1973
).
b
clarify
Rowhich in the perception of the movant contains ambiguous

ambiguous, or not averred with sufficient definiteness.
It applies to ANY PLEADING
an r
allegations.
B a
C h of and procedure for a bill of particulars?
What is the nature
s
a. When filed. Before responding to a pleading. Ife
must be filed within ten (10) days from service.l
the pleading is a reply, the motion
o bstatement or for a bill of particulars of

any matter which is not averred withR
b. Grounds. A party may move for a definite
n r
sufficient definiteness or particularly to enable
a
him properly to prepare his responsive pleading.
B a
The motion shall point out
C h s
1. The defects complained of;
l e
2. The paragraphs wherein they are contained;
o b
The motion must comply with the requirementsRfor motions under Rule 15.
3. The details desired. (Rule 12, Sec. 1)
Otherwise, it shall be treated as a pro forma motion

a nwhich shall not stop the running ar
B
Ch
of the period for filing the requisite pleading
e s
b. Actions of the court
b l
.(1) Grant the motion, or
R o
(2) Deny it outright, or
a n
h
(3) Hold a hearing therein. (Rule 12, Sec. 2)
89
c. Compliance with the order and effect of noncompliance

Rule 12, Sec. 3. Compliance with order.
If the motion is GRANTED, either in whole or in part, the compliance therewith must be
effected within ten (l0) days from notice of the order, unless a different period is fixed by the
court.
a r
The bill of particulars or a more definite statement ordered by the court may be filed either
B
in a separate or in an amended pleading, serving a copy thereof on the adverse party
es
b l
What is the effect of non-compliance with order for bill of particulars?
a.
o
If the order directing the plaintiff to submit a bill of particulars is not complied
R
with, or in case of insufficient compliance,
ac. the STRIKING OUT of the pleadingBor atherportion thereof to which the order was
n
b. the court may order
Ch d. MAKE SUCH ORDERS as it eDEEMS s JUST. (Rule 12, Sec. 4)

directed or,
b l
d. Effect on the period to fileo
R a responsive pleading
a
Rule 12, Sec. 5. Stay of nperiod to file responsive pleading. ar
h the moving party may file his responsive Bpleading within the period to
After SERVICE of the bill of particulars or of a more definite pleading, or after NOTICE OF
C
DENIAL of his motion,
s
e shall not be less than five (5)
days in any event.
b l
which he was entitled at the time of filing his motion, which
R o
3. Motion to Dismiss (Rule 16)
Four general types of motion to dismissa
n a r
1. Motion to dismiss before answerh B
under the Rules
C (Rule 16)
e s
2. Motion to dismiss by plaintiff (Rule 17)
l
bhis case (Rule 33)
R o
3. Motion to dismiss on demurrer to evidence after plaintiff has rested
4. Motion to dismiss appeal either in RTC (Rule 41, Sec. 13), CA (Rule 50, Sec. 1) or SC
(Rule 56, Sec. 5)
a n a r
B
When may a court motu proprio dismiss a case? Ch e s
b
1. When it appears from the pleadings or the evidence on record that the following groundsl
judicata and prescription (Rule 9, Sec. 1) - LLRP
R o
for dismissal are present: lack of jurisdiction over the subject matter; litis pendentia; res
n
afor an unreasonable
2. If for no justifiable cause, the plaintiff fails to appear on the date of the presentatiion of
his evidence in chief on the complaint, or to prosecute his complaint
Ch
length of time, or to comply with the Rules of Court or any order of the court (Rule 17,
Sec. 3); and
90
3. After an examination of the allegations in the complaint and such evidence attached
thereto, the court may dismiss the complaint outright on any of the grounds apparent
therefrom [ex. lack of jurisdiction] (Revised Rule on Summary Procedure, Sec. 4)
a. Grounds
r
What are the grounds for a motion to dismiss?(Rule 16, Section 1)
a.
a
Bjurisdiction over the subject matter of the claim;
That the court has no jurisdiction over the person of the defending party;
b.
s
That the court has no
That venue ise
c.
That theb
l improperly laid;
That o
d. plaintiff has no legal capacity to sue;
e.
R there is another action pending between the same parties for the same
n cause;
f.a That the cause of action is barred by a r
h B
a prior judgment or by the statute of
s
C g. That the pleading asserting theeclaim states no cause of action;
limitations;
h. That the claim or demand set

b l forth in plaintiff’s pleading has been paid, waived,
o
abandoned, or otherwise extinguished;
R
n of Frauds; and r
i. That the claim on which the action is founded is unenforceable under the
a a
provisions of the Statute
j.
h B complied with.
That a condition precedent for filing the claim has not been
C e s
NOTES:
b l
R o
1. The motion must comply with Rule 15. The court is without authority to act on the
motion without PROOF OF SERVICE of the notice of hearing.
2. Waiver of defenses. Defenses and
an objections not pleaded whether in a motion
B a r to
h
st
dismiss or in the answer are deemed waived (Rule 9, Sec. 1, 1 sentence).
C
answer. The court shall motu proprio dismiss the claim when ite
Defenses and objections not waived even if not raised in a motion s to dismiss or
pleadings or the evidence on record that:

b l appears from the
a. The court has no jurisdiction over the subject matter (lacko

R for the same cause (litis
of jurisdiction)
pendentia)
a n
b. There is another action pending between the same parties
a r
c. The action is barred by prior judgment (resh B
C s
judicata)
d. The action is barred by the statute of limitations (prescription) (Rule 9, Sec. 1,e
l
nd
2
sentence ). [LLRP]
o b
R
Discussion of individual grounds
a n
The court has no jurisdiction over the person of the defending h
C party
91
The court has no jurisdiction over the subject matter of the claim.
The venue Is Improperly laid.
r
a. Venue of an action depends upon the:
a
B
(1) nature of the action
s
(2) residence of the parties
e
l
(3) stipulation of the parties
b
o
(4) law
R
aThennature of the action is determinedBfromarthe allegations of the complaint, the
b. Test to determine nature of action
Chcharacter e s
of the relief, its purpose and prime objective. When the prime objective is to
l
recover real property, it is a real action.
b
Plaintiff Has No Legal Capacity
R oTo Sue
a n lack of juridical personality, incompetence,
a r civil interdiction or
a. Legal capacity to sue means that a party is not suffering from any disability such as
h Bor with respect to foreign

minority, insanity, covertures,
corporation, that it is doing business in the Philippines with as

does not have the character or representation which he claims
C e
license.
b l
o
b. In Pilipinas Shell Petroleum Corporation v. Dumlao, the Supreme Court held that a
petition for letters of administration. With R

person who has no interest in the estate of a deceased person has no legal capacity to file a
circumstances of plaintiff’s capacity to sue

a n a r
respect to foreign corporations, the qualifying
being an essential element must be affirmatively
h B
pleaded. The qualifying circumstance is an essential part of the element of the plaintiff’s
capacity to sue. The complaintC s
e that it is suing in
l
must either allege that it is doing business in the Philippines
b
with a license or that it is a foreign corporation not engaged in business and
o
an isolated transaction.
R
Pendency Of Another Action Between The Same Parties
a n a r
For The Same Cause (Litis Pendentia)
h B
C eofs
a. Rationale of the Rule: Like res judicata as a doctrine, litis pendentia is a sanction l
baction
o
public policy against multiplicity of suits. The principle upon which a plea of another
R
pending is sustained is that the latter action is deemed unnecessary and vexatious.
a n
h
b. Requisites of Litis Pendentia:
C
(1) Identity of parties, or at least such as representing the same interest in both actions;
92
(2) Identity of rights asserted and prayed for, the relief being founded on the same facts;
and
(3) The identity on the preceding particulars should be such that any judgment which may
be rendered on the other action will, regardless of which party is successful, amount to
res judicata in the action under consideration.
a r
B
Bar by prior judgment (Res Judicata)
s
a. Requisites of Res Judicata:
e
l
(1) the former judgment or order must be final;
b
o
(2) it must be a judgment or order on the merits;
R
(3) the court which rendered it had jurisdiction over the subject matter and the parties; and
a n must be, between the first and second r
Ba
(4) there actions, identity of parties, of subject
h
matter and of cause of action.
C e s
b. Two aspects of Res Judicata
bl between the first case where the judgment was
(1) Bar by Former Judgment – when,
subject matter and causeR

rendered, and the second case owhere the judgment is invoked, there is identity of parties,
(2) Conclusiveness ofa n – when there is an identity of aparties
of action.
r but not cause of
Btoonly
Judgment
h
action, the judgment being conclusive in the second case
C s
as to those matters
e
actually and directly controverted and determined, and not as matters invoked thereon.
b l
appealable. The ultimate test in ascertaining the o
c. A judicial compromise has the effect of res judicata and is immediately executory and not
R both the present cause of action and
identity of causes of action -- whether or
a n
not the same evidence fully supports and establishes
a r
the former cause of action. Only substantial, and not absolute, identity of parties is required
for res judicata.
h B
C e s
Bar by Statute of Limitations (Prescription of Actions)
b l
o
An action prescribes by the lapse of time fixed in the Civil Code (Articles 1139 to 1155).
R
n r
1. Eight years
a. actions to recover movables a Ba
2. Thirty years
C h s
a. real actions over immovables
l e
3. Ten years
o b
a. written contract
R
b. obligation created by law
a n
c. judgment
C h
93
4. Six years
a. oral contract
b. quasi-contract
5. One year
r
a. forcible entry and unlawful detainer
a
B
b. defamation
6. Five years
es
l
All other actions whose periods are not fixed in the Civil Code or other laws
b
NOTES:
R o
an a r
a. Prescription and estoppel cannot be invoked against the State (Delos Reyes vs. CA,
B
h
January 27, 1998, 285 SCRA).
s
C answer, if the plaintiff’s complaint ore evidence shows that the action had prescribed,
b. Even if the defense of prescription has not been raised in a motion to dismiss or an
b l 9, Sec. 1)
the action shall be dismissed. (Rule
c. Prescription cannot be invokedo
R on whether contract is void or voidable, there must be
but where prescription depends
as a ground if the contract is alleged to be void ab initio
an a r
a hearing.
h B
C
The Claim States No Cause of Action
e s
a. Elements of a Cause of Action l
b and under whatever law it arises
or is created;
R o
(1) a RIGHT in favor of the plaintiff by whatever means
(2) an OBLIGATION on the part of then r

a a
named defendant to respect or not to violate such
right; and
h B
plaintiff or constituting aC esthe plaintiff for
(3) an ACT OR OMISSION on the part of such defendant violative of the right of the
which the latter may maintain an action for recovery of damages.l

breach of the obligation of the defendant to
o b
R
b. General rule: a motion to dismiss for failure to state a cause of action
HYPOTHETICALLY ADMITS the material allegations of the complaint.
Exceptions:
a n a r
B
Ch s
(1) allegations of which the court will take judicial notice are not true
(2) legally impossible facts
l e
(3) facts inadmissible in evidence
(4) facts which appear by record or document included in the pleadings to beo
b
R
unfounded
(5) matters of evidence
a n
h
(6) surplusage and irrelevant matters
(7) scandalous matters
C
94
(8) averments contradicted by more specific averments

(9) conclusions or interpretations of law
(10) allegations of fact the falsity of which is subject to judicial notice (Tan vs. Director of
Forestry, 125 SCRA 302 [1982])
a r
What is the issue in a motion to dismiss on the ground that the complaint states no
cause of action?
B
es
Admitting the allegations of the complaint, may the court render VALID JUDGMENT in
l
accordance with its prayer and the law?
b
o
NOTE:
to sustainR
a. The insufficiency of the cause of action must appear on the FACE OF THE COMPLAINT
n a dismissal on that ground.

b. Noaextraneous matter may be considered a
r
h B and await the trial.
nor facts alleged which would require
C s
evidence and therefore, must be raised as defenses
l e
The Claim or Demand Has Been Paid, b
o obligations are extinguished:
Waived, Abandoned, or Otherwise Extinguished.
R
Under Art. 1231 of the Civil Code,
(2) by the lossa

n
(1) by payment or performance;
a r
h of the thing due;
B
C
(3) by the condonation or remission of the debt; s
eand creditor;
b l
(4) by the confusion or merger of rights of debtor
(5) by compensation; and
R o
n r
(6) by novation
a by annulment, rescission, fulfillment ofB

a
C
Obligations may also be extinguished h s
a resolutory
condition and prescription.
l e
The Claim is Unenforceable Under the Statute of Frauds
o b
The statute of frauds is governed by Art. 1403 (2) of the Civil R
Code, which provides that
a n a r
the party charged or by his agent, C
h IN WRITING and SUBSCRIBED bys B
a. certain contracts therein enumerated, unless
l eBE
RECEIVED without the writing or secondary evidence of its contents. b
b. are UNENFORCEABLE and EVIDENCE on the agreement CANNOT
R o
NOTES:
a n
Ch
a. Where applied: The statute of frauds applies only to EXECUTORY CONTRACTS and
in actions for their SPECIFIC PERFORMANCE, not to those which have been totally or
95
partially performed. Performance, which must be proved, takes the contract out of the
operation of the principle (Tankiko vs. Cesar, 302 SCRA 559 [1999])
b. Purpose: To prevent fraud and perjury in the enforcement of obligations depending for
their evidence on the unassisted memory of witnesses by requiring certain contracts
and transactions to be in writing (Claudel vs. CA, 119 SCRA 113 [1999]).
a r
B
A Condition Precedent For Filing The Claim Has Not Been Complied With
e s
Where a condition precedent for filing the claim in court has not been complied with, the
l for FAILURE TO STATE A CAUSE OF ACTION if:

cause of action has not accrued.
b
A complaint may be dismissed
Roisthatbetween
a. the case or among members of the SAME FAMILY and there is no
n claim is referable to the Katarungang rPambarangay and prior recourse to

allegation earnest efforts towards a COMPROMISE has been exerted, or
abarangay
b. the
CONCILIATION has not beenB
a
h
C c. ADMINISTRATIVE s law requires that there be EXHAUSTION of
made, or
REMEDIES e
l alleges facts which bring the case under any of
the case involves a matter which the
b
before a litigant is allowed to resort to court for
the exceptions thereto o

reliefs, except where the complaint
R
(Sunville Timber Products, Inc. vs. Abad, 206 SCRA 582
n r
[1992]).
a B a
C h
b. Resolution of Motion
s
Rule 16, Sec. 3. After the hearing, the court may
l e
1) dismiss the action or claim,
o b
2) deny the motion, or
R
3) order the amendment of the pleading.
n
a of the motion for the reason that the B arrelied
upon is not indubitable.
C h
The court shall not defer the resolution ground
stherefor.
l e
In every case, the resolution shall state clearly and distinctly the reasons
b
c. Remedies of plaintiff when the complaint is dismissedo
R
a. APPEAL the order granting the motion or
a n a r
h
b. REFILE the complaint, except where grounds for dismissal are:
B
(1) that the cause of action is barred byC prior judgment [res judicata]
e s
(2) that the cause of action is barred by the statute of limitations [prescription] l
o b
R
(3) that the claim or demand has been paid, waived, abandoned or otherwise
(4) that the claim is unenforceable under the statute of fraudsn

extinguished [extinguishment]
a [statute of frauds]
[RPES] (Rule 16, Sec. 5)
C h
96
d. Remedies of the defendant when the motion is denied
a. File his ANSWER (within the balance of the 15-day period to which he was entitled
a r
at the time of serving the motion, but not less than 5 days in any event, computed
from his receipt of the order of denial – Rule 16, Sec. 4) and proceed with the
B
hearing before the trial court.
es
b. if the decision is adverse, APPEAL therefrom. The denial of the motion to dismiss
l b
being interlocutory, cannot be questioned by certiorari; it cannot be the subject of
o
appeal until judgment is rendered (Casil vs. CA, January 28, 1998).
R or with grave abuse of discretion, the defendant may question the

c. Exception: where the court denying the motion acts without or in excess of
ndenial by petition for CERTIORARI under r

jurisdiction
a require the defendant to undergo theBaordeal Rule 65. Reason: it would be unfair to
h
C adequate (Drilon vs. CA, Marche20,s1997).
and expense of trial under such
circumstances because the remedy of appeal then would not be plain and
b l
e. Effect of dismissal of complaint
R o on certain grounds
Rule 16, Sec. 5. Effectn r
a of dismissal.
a
B based on paragraphs
h s
Subject to the right of appeal, an order granting a motion to dismiss
C e
(f), (h) and (i) of section 1 hereof shall BAR the refiling of the same action or claim. These
are:
b l [res judicata]
(2) that the cause of action is barred by the o
(1) that the cause of action is barred by prior judgment
R statute of limitations [prescription]

(3) that the claim or demand has
a n been paid, waived, abandoned or otherwise
a r
h B [RPES]
extinguished [extinguishment]
(Rule 16, Sec. 5) C

(4) that the claim is unenforceable
s
under the statute of frauds [statute of frauds]
e
b l
f. When grounds pleaded as affirmative defenses
R o
a for dismissal provided for in this Bar
n
Rule 16, Sec. 6. Pleading grounds as affirmative defenses.
hanswer and, in the discretion of the s

If no motion to dismiss has been filed, any of the grounds
C
court, a preliminary hearing may be had thereon as if a motion to dismiss had been filed. e
Rule may be pleaded as an affirmative defense in the
b l
The dismissal of the complaint under this section shall be without prejudice to the
R o
an
prosecution in the same or separate action of a counterclaim pleaded in the answer.
Ch
97
g. Bar by dismissal
See e above
h. Distinguished from demurrer to evidence under Rule 33:
a r
After the plaintiff has completed the presentation of his evidence, the defendant may
B
move for dismissal on the ground that upon the facts and the law the plaintiff has shown no
s
right to relief. If his motion is DENIED, he shall have the right to present evidence. If the
e
l
motion is GRANTED but on appeal the order of dismissal is reversed, he shall be deemed to
b
have WAIVED the right to present evidence. (Rules of Court, Rule 33, Sec. 1.)
o
availed ofn
Rto evidence is differentiated from a motion to dismiss
r
A demurrer in that the former can be
generala rule before a responsive pleading is filed. a

only after the presentation of plaintiff’s evidence while the latter is instituted as a
h B
C s
efor failure to state a cause of action and to
Distinction between motion to dismiss
b l
o
dismiss based on lack of cause of action.
Rto dismiss under Rule 16, Sec. 1 (g) before a responsive

pleading is filed and can ben rthe pleading and not
The first is raised in a motion
a determined only from the ALLEGATIONS of

a
B under Rule 33 after
h
the plaintiff has rested his case and can be resolved only on thesbasis of the EVIDENCE he has
from evidentiary matters. The second is raised in a demurrer to evidence
C
presented in support of his claim(The Manila Banking Corp.e
b l vs. University of Baguio, Inc., G.R.
o
No. 159189, February 21, 2007)
R is granted, the judgment of the court is

n r
When the motion for a demurrer to evidence
requirement that judgment should clearly a and distinctly state the facts and the law on a
considered on the merits and so it has to comply with Rule 36, Section 1, regarding the
based. If the motion is denied, h B vs.

which it is
C s
the order is merely interlocutory. (Nepomuceno
Commission on Elections, G.R. No. 60601, December 29, 1983, 126 SCRA
l e
472.)
BAR QUESTION (1992):

o b
Is a motion to dismiss with counterclaim sanctioned byR
n r
the Rules of Court?
a. If your answer is YES state your reasons.
b. If your answer is NO, give your reasons h
a
and state what the defendant should B
a
C while maintaining the grounds
asserted in his motion to dismiss as an issue that should be the subject ofea
instead file in court to preserve his counterclaim
b l
o
preliminary hearing,
R
an
ANSWER: No, because a counterclaim is contained in an answer and not in a motion to
Ch
dismiss.
98
What the defendant should do is to plead the ground of his motion to dismiss as an
affirmative defense in his answer, together with his counterclaim, and ask for a preliminary
hearing on his affirmative defense as if a motion to dismiss has been filed. In the discretion of
the court, a preliminary hearing may be had thereon as if a motion to dismiss has been filed.
The dismissal of the complaint after preliminary hearing shall be without prejudice to the
r
prosecution in the same or separate action of a counterclaim pleaded in the answer (Rule 16,
a
Sec. 6).
NOTE:
B
The counterclaim mentioned here apparently refers to a PERMISSIVE
es
counterclaim, as it allows its prosecution in the same or separate action. Only a permissive
l
counterclaim, and not a compulsory counterclaim, may be separately or independently
prosecuted.
o b
R
an r
H. Dismissal of Actions (Rule 17)
B a
h
1. Dismissal upon notice by plaintiff; Two-dismissal rule
s
CA complaint may be dismissed by theeplaintiff by filing a notice of dismissal at any time
1. NOTICE OF DISMISSAL OF COMPLAINT
b l for summary judgment. (Rule 17, Sec. 1).

Rocomplaint under this rule is WITHOUT PREJUDICE.
before service of the answer or of a motion
General rule: the dismissal of the
an B a r
Exceptions:
a. where theC
h s
notice of dismissal so provides;
e
b. where the plaintiff has previously dismissed thelsame case in a court of competent
jurisdiction;
o b
R defendant of the claims involved. For the
c. even where the notice of dismissal does not provide that it is with prejudice but it is
premised on the fact of payment by the
a n a r
B
notice of dismissal to be effective, there must be an order confirming the dismissal.
h s
2. Dismissal upon motion by C e
plaintiff; effect on existing counterclaim
b l
o
Rule 17, Sec. 2. Dismissal upon motion of plaintiff.
plaintiff's instance save upon approval of the court and uponR

Except as provided in the preceding section, a complaint shall not be dismissed at the
the court deems proper. If a counterclaim has been pleaded n such terms and conditions as
athe dismissal
by a defendant prior to the
a r
complaint. The dismissal shall be without prejudiceh
service upon him of the plaintiff's motion for dismissal, shall be limited to the
B
C e
to the right of the defendant to prosecute
s
he manifests his preference to have his counterclaim resolved in the same action. Unless
b l
his counterclaim in a separate action unless within fifteen (15) days from notice of the motion
R
A class suit shall not be dismissed or compromised without the approval of the court. o
otherwise specified in the order, a dismissal under this paragraph shall be without prejudice.
a n
3. Dismissal due to the fault of plaintiff
C h
99
Rule 17, Sec. 3. Dismissal due to fault of plaintiff.

If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his
evidence in chief on the complaint, or to prosecute his action for an unreasonable length of
time, or to comply with these Rules or any order of the court, the complaint may be
dismissed upon motion of the defendant or upon the court's own motion, without prejudice to
r
the right of the defendant to prosecute his counterclaim in the same or in a separate action.
a
This dismissal shall have the effect of an ADJUDICATION UPON THE MERITS, unless
otherwise declared by the court.
B
es
l
4. Dismissal of counterclaim, cross-claim or third-party complaint
b
o
Rule 17, Sec. 4. Dismissal of counterclaim, cross-claim, or third-party complaint.
R
an ar
The provisions of this Rule shall apply to the dismissal of any counterclaim, cross-claim,
B
Ch
or third-party complaint. A voluntary dismissal by the claimant by notice as in section 1 of this
s
Rule, shall be made before a responsive pleading or a motion for summary judgment is
e
l
served or, if there is none, before the introduction of evidence at the trial or hearing.
o b
R
DISMISSALS
n
What dismissals are WITH prejudice?
a a r
hin a competent court an action basedsonBor including the same claim
a. Dismissal upon mere NOTICE without order of the court when filed by a party who was
(Rule 17, C
once dismissed
Sec. 1).
l e which specifies that the same
o b action based on or including the
b. Dismissal by order of the court upon a party’s MOTION
shall be with prejudice to the filing of a subsequent
same claim (Rule 17, Sec. 2).
R
n
a (Rule 17, Sec. 3).
c. Dismissal upon motion of a defendant or on the court’s motion upon plaintiff’s
a r
h B unless
FAILURE TO PROSECUTE his claim
otherwise ordered by the C

d. Dismissal as a result of plaintiff’s
s
FAILURE TO APPEAR during the pre-trial,
e
l
court (Rule 18, Sec. 5).
o b
R without order of the court
What dismissals are WITHOUT prejudice?
a. Dismissal for the first time by plaintiff upon mere NOTICE
(Rule 17, Sec. 1).
a n a r
b. Dismissal by order of the court upon plaintiff’sh B
C s
own MOTION (Rule 17, Sec. 2).
c. Dismissal upon motion of defendant or upon the court’s own motion upon FAILURE e
l
TO
PROSECUTE by plaintiff and the court SPECIFIES that the same shall be without
prejudice (Rule 17, Sec. 3).
o b
R
When is an action dismissed for failure to prosecute?
a n
a. If the plaintiff fails to appear at the time of trial;
C h
100
b. If he fails to prosecute his action for an unreasonable length of time;

c. If he fails to comply with the Rules of Court or any order of the court (Rule 17,
Sec. 3)
NOTE:
r
Effect of dismissal for failure to prosecute - Once a case is dismissed for failure to
a
prosecute, this has the effect of an ADJUDICATION ON THE MERITS and is understood to
B
be WITH PREJUDICE to the filing of another action unless otherwise provided for in the
s
order of dismissal (De Knecht vs. CA, May 20, 1998).
l e
Dismissal for failure to prosecute is an adjudication on the merits. Therefore, such
o b
dismissal should be challenged by APPEAL within the reglementary period. (3A Apparel
Corporation vs. Metropolitan Bank and Trust Co., G.R. No. 186175, Aug. 25, 2010)
R
an
I. Pre-trial (Rule 18)
B ar
Ch
1. Concept of pre-trial
e s
bl
Pre-trial is a procedural device by which the Court is called upon after the filing of the last
pleading to compel the parties and their lawyers to appear before it, and negotiate an
R o
amicable settlement or otherwise make a formal statement and embody in a single document
the issues of fact and law involved in the action, and such other matters as may aid in the
an r
prompt disposition of the action, such as the number of witnesses the parties intend to
Ba
present, the tenor or character of their testimonies, their documentary evidence, the nature
Ch
and purpose of each of them and the number of trial dates that each will need to put on his
e s
case. One of the objectives of pre-trial procedure is to take the trial of cases out of the realm
29776, November 29, 1968, 26 SCRA 332)

b l
of surprise and maneuvering. (Permanent Concrete Products, Inc. vs. Teodoro, G.R. No.
R o
Pre-trial also lays down the foundation and structural framework of another concept, that
an r
is, the continuous trial system. (Circular No. 1-89, Administrative Circular No. 4, September
a
4, 1988) Pre-trial is mandatory but not jurisdictional. (Martinez vs. de la Merced, G.R. No.
h Brespective
82309, June 20, 1989, 174 SCRA 18)
Note: Section 4, Rule 18 imposes
e s
C The provision also provides for the instances
the duty on litigating parties and their
lpre-trial. Instead,forthea
counsel to appear during pre-trial. where the
non-appearance of a party may be excused. Nothing, however, in Section
b 4 provides
o is the failure to appear

sanction should the parties or their respective counsel be absent during
R
penalty is provided for in Section 5. Notably, what Section 5 penalizes
an r
of either the plaintiff or the defendant, and not their respective counsel (Paredes vs. Verano,
G.R. No. 164375, October 12, 2006).)
Ba
Ch e s
l
2. Nature and purpose
What is the nature of pre-trial?

o b
It is mandatory (Rule 18, Sec. 2).
R
a n
Note: Pre-trial is mandatory in civil cases. In criminal cases, it is mandatory in cases cognizable
by the following:
1. Sandiganbayan
C h
101
2. RTC
3. MeTC, MTCC, MTC, MCTC
It is also mandatory in both criminal and civil cases under the Rule on Summary Procedure. The
Court’s authority is confined to a mere determination of the propriety of rendering a judgment on
the pleadings or a summary judgment
a r
B
What are the purposes of pre-trial?
s
The court shall consider the following purposes:
e
l
1. Possibility of an amicable settlement or of a submission to alternative modes of dispute
b
resolution;
o
2. Simplification of the issues;
R
3. Necessity or desirability of amendments to the pleadings;
an r
4. Possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
B a
Ch
5. Limitation of the number of witnesses;
e s
6. Advisability of a preliminary reference of issues to a commissioner;
7. Propriety of rendering judgment on the pleadings, or summary judgment, or of
bl
dismissing the action should a valid ground therefore be found to exist;
o
8. Advisability or necessity of suspending the proceedings; and
R
9. Such other matters as may aid in the prompt disposition of the action (Rule 18, Sec. 2).
3. Notice of pre-trial a
n a r
Rule 18, Sec. 3.h
B
C
The notice of pre-trial shall be served on counsel, ore
Notice of pre-trial.
s
The counsel served with such notice is charged with
b l on the party who has no counsel.
the duty of notifying the party
Ro
represented by him.
a n (Rule 18, Sec. 3) a r

B
On whom must notice of pre-trial be served?
h
Ccounsel
a. On counsel – who is charged with the duty of notifying his client, or
s
b. On the party who has no
l e
b
Plaintiff required to move that the case be set for pre-trial o
R
has the duty to promptly move ex parte that the casea
n
Under Rule 18, Sec. 1, after the last pleading has been served and filed, the plaintiff
a r
such motion within a reasonable period, the courth may dismiss the case for his failure to B
be set for pre-trial. If he does not file
prosecute pursuant to Rule 17, Sec. 3 (failure to prosecute his action for an unreasonables
C e
length of time).
b l
o
Rof Deposition-
This has been superseded by A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed
by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use
Discovery Measures) which took effect on August 29, 2006. .
a n
C h
102
Under I.A.1.2 – Within 5 days after filing of the reply, the plaintiff must promptly move
ex parte that the case by set for pre-trial conference. If the plaintiff fails to file such motion
within the given period, the Branch Clerk of Court SHALL ISSUE A NOTICE OF PRE-
TRIAL.
r
Binding effect of admissions or stipulations
a
B
Admissions or stipulations made during the pre-trial and stated in the pre-trial order are
s
BINDING upon the party making the admissions (Alano vs. CA, 383 SCRA 269 [1997]).
l e
b
4. Appearance of parties; effect of failure to appear
o
R
an ar
Parties and their counsel BOTH have the duty to appear at pre-trial
B
Ch
Non-appearance may be excused only if:
1. A valid cause is shown; or
e s
l
2. A representative appears fully authorized in writing a) to enter into an amicable settlement, b)
o b
to submit to alternative modes of dispute resolution and c) to enter into stipulations or
admissions of facts and of documents. (Rule 18, Sec. 4)
R
an a r
The authorization in writing must be in the form of a SPECIAL POWER OF ATTORNEY.
h B
s
What is the effect of failure of the parties to appear at the pre-trial?
C eSec. 5, 1 and 2 sentences).
l
1. If the plaintiff fails to appear - the action shall be dismissed with prejudice,
b
st nd
unless otherwise ordered by the court (Rule 18,
o
R shall be allowed to present his evidence
2. If the defendant fails to appear – plaintiff
an a r
ex parte and the court shall render judgment on the basis thereof (Rule 18, Sec.
B
rd
h
5, 3 sentence).
C e s
5. Pre-trial brief
b l
R o
The pre-trial brief (to be filed at least three days before the pre-trial) shall contain the
1. Statement of the parties’ willingness to enter into amicablen r

following:
a settlement or alternative modes of
Ba
dispute resolution, indicating the desired terms
C hof facts s
2. A summary of admitted facts and proposed stipulation
l e
4. Documents or exhibits to be presented, stating the purpose thereof (No evidence b
3. Issues to be tried or resolved
o
shall be
R except if
allowed to be presented and offered during the trial in support of a party's evidence-in-chief
allowed by the court for good cause shown (A.M. No. 03-1-09-SC)
a n
other than those that had been earlier identified and pre-marked during the pre-trial,
procedures or referral to commissioners;

C h
5. A manifestation of their having availed OR their intention to avail themselves of discovery
103
6. The number and names of witnesses and the substance of their testimonies (Rule 18, Sec. 6)
Parties are bound by the representations and statements in their respective pre-trial briefs as
such are in the nature of judicial admissions.
r
What is the effect of failure to file a pre-trial brief?
a
Same effect as failure to appear at the pre-trial (Rule 18, Sec. 6).
B
As to plaintiff -- his complaint may be dismissed or he is non-suited.
s
As to defendant -– he may be considered as in default, and plaintiff may be authorized to
e
l
present evidence ex parte against him. (Rule 18, Sec. 5)
b
R o
Distinction between pre-trial in civil case and pre-trial in criminal case
a n a r
h B Case
C
Civil Case
s Criminal
eto 1. it is ordered by the court and no motion to
1. it is set when the plaintiff moves ex parte l
b set
o
set the case for pre-trial. the case for pre-trial is required from either
R
the prosecution or the defense.
2. the motion to set case forn r30 days

a pre-trial is made 2. the pre-trial is ordered
the court acquiresB

a by the court after
h
after the last pleading has been served and arraignment and within from the date
filed.
C e s jurisdiction over the person
lnot include the considering of the

of the accused.
3. considers the possibility of an amicable 3. does b

o as one
Rliability
settlement as an important objective. possibility of amicable settlement of criminal
n r All
of its purposes.
a a
Bbeor reduced
h
4. the agreements and admissions made in 4. there is a stricter procedure required.
C s
the pretrial are not required to be signed by agreements or admissions made entered
both the parties and their counsels. They are during the pretrial conference
l e the accused and
shall
b
to be contained in the record of pre-trial and in writing and signed by both
the pre-trial order. However, A.M. No. 03-1-09 counsel, otherwise, they cannot be used
SC dated July 13, 2004 now requires the against the accused.
proceedings during the preliminary conference
R o
to be recorded in the “Minutes of Preliminary
a n a r
B
Conference” to be signed by both parties
Ch s
and/or counsel. The rule allows either the
e
party or his counsel to sign the minutes.
l
5. the sanction for non-appearance in a pre- 5. the sanction are imposed upon theb
trial are imposed upon the plaintiff and the for the accused or the prosecutor. o
counsel
R
defendant in a civil case.
n
a to be submitted.
6. a pre-trial brief is required to be submitted
h
6. pre-trial brief is not required
C
104
(Civil Procedure, A Restatement of the Bar,

Willard B. Riano, 2009 Edition pp. 373-374)
Pre-Trial Order
a r
The order of the court is issued upon the termination of the pre-trial.
The order shall contain
B
es
1. The matters taken up in the conference;
b l
2. The action taken thereon;
3. The amendments allowed to the pleadings; and
R o
4. The agreements or admissions made by the parties.
an ar
The pre-trial order shall define and limit the issues to be tried and shall control the subsequent
B
Ch
course of the action except if it is modified before trial to prevent manifest injustice (Rule 18,
Sec.7)
e s
b l
R o
7. Alternative Dispute Resolution (ADR)
n
a 0ctober 16, 2001 a r
h
A.M. No. 01-10-5-SC-PHILJA,
B
C e s
1. All civil cases, settlement of estates, and cases coveredlby the Rule on Summary Procedure,
Coverage:
except those which by law may not be compromised;

o b
R
2. Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law;
4. The civil aspect of quasi offenses undera

3. The civil aspect of BP 22 cases; and
n a r
B
Title 14 of the Revised Penal Code
C h s
The trial court, after determining the possibility of an amicable settlement
l
or
eof a submission to
Mediation Center (PMC) Unit for mediation and directing the parties tob
alternative modes of dispute resolution, shall issue an Order referring the case to the Philippine
o
proceed immediately to
The Order shall be personally given to the parties during theR

the PMC Unit.
together with a copy of the Complaint and Answer/s, shall ben

a furnished the PMC Unit within the Bar
pre-trial. Copy of the Order
same date
C h s
The Supervisor of the PMC Unit shall assist the parties select a mutually acceptable Mediator
l e
from a list of duly accredited Mediators and inform the parties about the fees, if any,b
mode of payment. If the parties cannot agree on a Mediator, then the Supervisor o
and the
R
shall assign
thereafter confirm the selection/appointment of the Mediator. The Mediatorn

the Mediator. The trial court shall immediately be notified of the name of the Mediator, and shall
commence the mediation proceedings unless both parties agree to resetathe mediation within
shall immediately
the next five (5) working days, without need of further notice.
Ch
105
The Mediator shall be considered as an officer of the court

Lawyers may attend the mediation proceedings and shall cooperate with the Mediator towards
the amicable settlement of the dispute
a r
The period during which the case is undergoing mediation shall be excluded from the regular
and mandatory periods for trial and rendition of judgment in ordinary cases and in cases under
summary procedure.
B
es
l
The period for mediation shall not exceed (30) days, extendible for another 30 days, in order to
b
o
allow the parties sufficient time to reach a compromise agreement and put an end to litigation
R Agreement
n entered into by ther
In case of SUCCESSFUL settlement, the trial court shall immediately be informed and given (a)
judgment a a
the original Compromise parties as basis for the rendition of a
h by compromise which may be enforced by

B execution or, (b) a withdrawal of the
C
Complaint or, (c) a satisfaction of the claim.
s
ethe Mediator shall issue a “Certificate of Failed
If the mediation is NOT SUCCESSFUL,
b l
Mediation” for the purpose of returning
R o the case for further judicial proceeding
Since mediation is part of n Pre-Trial, the trial court shall impose therappropriate sanction
acensure, reprimand, contempt and suchBsanctionsa as are provided
h
including but not limited to
C or for abusive conduct during mediation s proceedings

e
under the Rules of Court for failure to appear for pre-trial, in case any or both of the parties
absent himself/themselves,
b l
J. Intervention (Rule 19)
R o
permitted by the court to become a party byn r the
INTERVENTION – is a legal proceeding by which a person who is NOT a party to the action is
a a
intervening in a pending action after meeting
B
C h
conditions and requirement set by the Rules of Court.
s
l e
1. Requisites for intervention
o b
R
Requisites For Intervention (Rule 19, Sec. 1)
a n a r
h rendition of judgment. B
1. There must be a motion for intervention filed BEFORE
C e s
2. Movant must show in his motion that
l
b in the
o
a. he has legal interest in the matter in litigation, in the success of either of the parties
R of property
action, or against both parties.
in the custody of the court

a n
b. he is situated as to be adversely affected by a distribution or other disposition
C h
106
3. Intervention must not unduly delay or prejudice the adjudication of the rights of the original
parties.
4. Intervenor’s rights may not be fully protected in a separate proceeding.
LEGAL INTEREST – one that is actual and material, direct and of an immediate character, not
merely contingent or expectant.
a r
Intervention is NOT an absolute right (nor is it compulsory or mandatory), as it is within the
B
court’s discretion to grant the same.
es
Intervention is an ancillary and supplemental proceeding to an existing litigation. Thus, the
l
final dismissal of the principal action results in the denial for the motion to intervene.
b
R o
2. Time to intervene (Rule 19, Sec. 2)
a n a r
h B
Motion for intervention may only be filed BEFORE judgment is rendered by the trial court.
C e s
The motions for intervention were filed after judgment had already been rendered, indeed when the
b l
case was already final and executory. Certainly, intervention can no longer be allowed in a case
already terminated by final judgment.
R o
Intervention is merely collateral or accessory or ancillary to the principal action, and not an
n r
independent proceeding; it is an interlocutory proceeding dependent on or subsidiary to the case
a a
between the original parties. Where the main action ceases to exist, there is no pending
B
h
proceeding wherein the intervention may be based. (Looyuko vs. Court of Appeals, G.R. No.
C s
102696, July 12, 2001)
However, in some cases, the Supreme Court has allowede
l
intervention after judgment, and in
and equity.” (Office of the Ombudsman vs. Miedes, Sr.,b

one case even after the judgment had become final and executory, to “serve the ends of justice
R o G.R. No. 176409, February 27, 2008)

*** Although Rule 19 of the Rules of Court is explicit on the period when a motion to intervene
beyond the period prescribed in the a

n
may be filed. This rule, however, is not inflexible. Interventions have been allowed even
a r of
B have not
Rule, when demanded by the higher interest
h
been impleaded, the right to be heard even after a decision has been rendered s
justice. Interventions have also been granted to afford indispensable parties, who
C
when the petition for review of the judgment has already been submitted for e
by the trial court,
Supreme Court, and even where the assailed order has already becomelfinal and executory.
decision before the
(Deogenes O. Rodriguez vs. Court of Appeals, G.R. No. 184589, June

o b13, 2013) - TDC
R
3. Remedy for the denial of motion to intervene a n a r
B
Ch s
The remedy of the aggrieved party is APPEAL The allowance or disallowance of a motion to
l e
intervene is addressed to the sound discretion of the court hearing the case. This discretion, once
b
exercised, is not reviewable by certiorari or mandamus save in instances where such discretion is
o
exercised in an arbitrary or capricious manner. (Gallego vs. Galang, G.R. No. 130228, July 27,
R
2004)
Note: Rule 20 (Calendar of Cases) and Rule 22 (Computation ofaTime)

n
not included. Ch
107
K. Subpoena (Rule 21)

1. Subpoena duces tecum
Rule 21, Section 1. Subpoena and subpoena duces tecum.
a r
Subpoena is a process directed to a person requiring him to attend and to testify at the
B
hearing or the trial of an action, or at any investigation conducted by competent authority, or
s
for the taking of his deposition. It may also require him to bring with him any books,
e
documents, or other things under his control, in which case it is called a subpoena duces
lb
tecum.
o
Rtestificandum
n r and to testify at the hearing or the
2. Subpoena ad
a a
B by competent authority, or for the taking
A process directed to a person requiring him to attend
C h s
trial of an action, or at any investigation conducted
e
of his deposition. (Rule 21, Section 1)
b l
o
Who issues subpoena?
R
nauthorized by law to do so in connection r with investigations
1. The court before whom the witness is required to attend;
a a
2. The court of the place where the deposition is to be taken;
h B
3. The officer or body
C SC or of the CA in any case or s

conducted by said officer or body; or
4. Any Justice of the
Philippines (Rule 21, Sec. 2)
l e investigation pending within the
What are the contents of subpoena?

o b
R
directed to the person whose attendance is required, and in the case of a subpoenar
n
a a
It shall state the name of the court and the title of the action or investigation, shall be
B
duces
C h
tecum, it shall also contain a reasonable description of the books, documents
s
or things
e
demanded which must appear to the court prima facie relevant (Rule 21, Sec. 3)
3. Service of subpoena b l
Rule 21, Sec. 6. Service.
R o
service of summons. The original shall be exhibited a n
Service of a subpoena shall be made in the same manner as personal or substituted
a r
person on whom it is served, tendering to him the fees for one day’s attendance and the B
and a copy thereof delivered to the
h
kilometrage allowed by these Rules, except that, when a subpoena is issued by or on behalfs
C
of the Republic of the Philippines or an officer or agency thereof, the tender need note
made. The service must be made so as to allow the witness a reasonable time l
b the
be
for
preparation and travel to the place of attendance. If the subpoena is duces tecum,
reasonable cost of producing the books, documents or things demanded shall also be
R o
tendered.
a n
C h
108
4. Compelling attendance of witnesses; Contempt

Rule 21, Sec. 8. Compelling attendance.
In case of failure of a witness to attend, the court or judge issuing the subpoena, upon
proof of the service thereof and of the failure of the witness, may issue a warrant to the
sheriff of the province, or his deputy, to arrest the witness and bring him before the court or
a r
officer where his attendance is required, and the cost of such warrant and seizure of such
B
witness shall be paid by the witness if the court issuing it shall determine that his failure to
s
answer the subpoena was willful and without just excuse.
l e
b
Rule 21, Sec. 9. Contempt.
Failure by anyo
be deemed aR
person without adequate cause to obey a subpoena served upon him shall
n r
contempt of the court from which the subpoena is issued. If the subpoena was
a Ba
not issued by a court, the disobedience thereto shall be punished in accordance with the
h
applicable law or Rule.
C e s
5. Quashing of subpoena
b l
o duces tecum upon motion promptly made and, in any
Rule 21, Sec. 4. Quashing a subpoena.
R
n r
The court may quash a subpoena
a a
event, at or before the time specified therein if it is unreasonable and oppressive, or the
h B of the production thereof.

relevancy of the books, documents or things does not appear, or if the person in whose
C s
behalf the subpoena is issued fails to advance the reasonable cost
The court may quash a subpoena ad testificandum l

e
bound thereby. In either case, the subpoena may beb
on the ground that the witness is not
fees and kilometrage allowed by these Rules were

R o not tendered when the subpoena was
quashed on the ground that the witness
an r
served.
B a
C h s
L. Modes of Discovery (Rules 23-29)
l e
o b
R
What are the different modes of discovery?
1. Depositions pending action (Rule 23)
Depositions before action or pending appeal (Rule 24)
a n a r
B
2.
3. Interrogatories to parties (Rule 25)
C h s
e
4. Admission by adverse party (Rule 26)
l
5. Production or inspection of documents and things (Rule 27)
6. Physical and mental examination of persons (Rule 28)
o b
R
What is the purpose of the modes of discovery?
The various modes or instruments of discovery are meant to serve a n
as a (1) device, along
Ch
with pre-trial under Rule 118, to NARROW and CLARIFY the basic issues between the
parties, and (2) device for ASCERTAINING the facts relative to those issues. Purpose: to
109
enable the parties, consistent with recognized privileges, to obtain the fullest possible
knowledge of the issues and facts before civil trials and thus prevent that said trials be
carried on in the dark.
What modes of discovery may be availed of without leave of court and generally
without court intervention?
a r
B
a. depositions (whether by oral examination or written interrogatories) under Rule 24)
es
b. interrrogatories to parties under Rule 25
l
c. requests for admission under Rule 26.
b
o
Under the Rules of Court, leave of court is not necessary to avail of said modes of
R
discovery after an answer to the complaint has been served. It is only when an answer has
an r
not yet been filed (but after jurisdiction has been obtained over the defendant or property
a
subject of the action) that prior leave of court is needed, the reason being that at that time the
B
Ch
issues are not yet joined and the disputed facts are not clear.
e s
b l
What modes of discovery cannot be availed of without leave of court?
R o
a. production or inspection of documents or things under Rule 27
an r
b. physical and mental examination of persons under Rule 28, which may be granted
a
upon due application and showing of due cause.
B
Ch e s
1. Depositions pending action; Depositions beforelaction or pending appeal
o b
R
(Rules 23-24)
a. Meaning of deposition
a n a r
What is deposition?
h Bor not, but
A deposition is the taking of the testimony
s
C This testimony is taken out of court. Deposition
of any person, whether he be a party
e
l
at the instance of a party to the action. may be:
a. An oral examination
b
Ro
b. Written interrogatories (Rule 23, Sec 1,)
n r
What is the dual function of deposition?
a. A method of discovery
Deposition is chiefly a mode of discovery. This h
a
purpose is evident from Section 2 of Rule B
a
Cmatter, not privileged, which is relevantetos
the subject of the pending action, whether relating to the claim or defense of any other l
23 on the broad scope of examination regarding any
b party,
Ro
the only requirement is that it be relevant and not privileged.
b. An alternative mode of testimony

Section 4 of Rule 23 on the use of deposition is clearly indicative ofa nuse of deposition
the
Ch
as an alternative mode of testimony in view of distance, death or disability of the deponent.
110
When can depositions be availed of? :

a. During a pending action (Rule 23) – deposition de benne esse
b. Before action or Pending appeal (Rule 24) – deposition in perpetuam rei memoriam
r
Before whom may depositions be taken?
a
B
1. If within the Philippines
s
a. Judge;
e
b. Notary public (Rule 23, Sec. 10,); or
l
b
c. Any person authorized to administer oaths, as stipulated by the parties in writing
(Rule 23, Sec. 14,).
R o
an ar
2. If outside the Philippines
B
Ch
a. On notice, before a secretary of embassy or legation, consul-general, consul, vice-
s
consul, or consular agent of the Philippines (Rule 23, Sec. 11,);
e
l
b. Before such person or officer as may be appointed by commission or letters
b
rogatory; or
o
c. Any person authorized to administer oaths, as stipulated by the parties in writing
R
(Rule 23, Sec. 14),
an a r
What is the requirement in taking deposition upon oral examination?
h B
A party desiring to take the deposition of any person upon oral examination shall give
C s
reasonable notice in writing to every other party to the action (Rule 23, Sec. 15)
l e
b
What shall the notice state?
o
It shall state the time and place for taking the deposition and the name and address of each
R
person to be examined, if known, and if the name is not known, a general description sufficient
to identify him or the particular class or group to which he belongs (Rule 23, Sec. 15).
an a r
Bshall serve
C h
How is deposition upon written interrogatories done?
s
ebefore
A party desiring to take the deposition of any person upon written interrogatories
answer them and the name or descriptive title and address of the officer
b l
them upon every other party with a notice stating the name and address of the person who is to
whom the
R o five (5) days thereafter,

deposition is to be taken. Within ten (10) days thereafter, a party so served
interrogatories upon the party proposing to take the deposition. Within
may serve cross-
an r
the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories.
Within three (3) days after being served with re-direct interrogatories, a party may serve
Ba
C h
recross-interrogatories upon the party proposing to take the deposition (Rule 23, Sec. 25).
s
l e
Note: The duties of the officer under Secs. 17, 19, 20, 21 & 22 of Rule 23 shall also be followed
on deposition upon written interrogatories (Rule 23, Secs. 26 & 27).
o b
Who may file a petition for deposition before action?
R regarding
a n
Any person who wants to perpetuate his own testimony or that of another person
any matter that may be cognizable in any court of the Philippines (Rule 24, Sec. 1)
What are the contents of the motion for deposition pending appeal?
C h
111
The motion shall state:

1. The names and addresses of the persons to be examined
2. The substance of the testimony which he expects to elicit from each
3. The reason for perpetuating their testimony (Sec. 7, Rule 24).
a r
Note: If the court finds that the perpetuation of the testimony is proper to avoid a failure or
delay of justice, it may make an order allowing the depositions to be taken, and thereupon the
B
depositions may be taken and used in the same manner and under the same conditions as are
es
prescribed under Rule 23 (Rule 24, Sec. 7.
b l
b. Uses; Scope of examination
R o
an r
Scope of Examination
B a
May be any matter not privileged and which is relevant to the subject of the pending action,
h
including:
1. C s
e
2. Existence, description, nature, custody,lcondition and location of any books, documents, or
Claim or defense of any other party;
other tangible things; and

o b
R
3. Identity and location of persons having knowledge of relevant facts (Rule 23, Sec. 2)
a n a r
B
.Examination and cross-examination.
C h s
e
Examination and cross-examination of deponents may proceed as permitted at the trial under
sections 3 to 18 of Rule 132.
b l
o
Rto testify, he should be presented in court to
A deposition is not generally supposed to be a substitute for the actual testimony in open court
n
of a party or witness. If the witness is available
r for
being hearsay. The exceptions however toa a
testify. If available to testify, a party’s or witness’ deposition is inadmissible in evidence
h B for
the inadmissibility of such deposition are provided
C
in Rule 23, Section 4. (Rule 23, Sec. 3)
e s
b l
oany purpose by taking his
Effect of taking deposition
deposition (Rule 23, Section 7), EXCEPT when the depositionR

A party shall NOT be deemed to make a person his own witness for
an 23 , Section 8). r
is introduced in evidence, then
he will be deemed to have made the deponent his witness (Rule
a
C h is that of an opposing party or thes B
deposition is used to impeach or contradict the deponent – Deponent still NOT a witness of e
The exception will NOT apply if the deposition used
party taking the deposition.

b l the
o
Any part or all of the deposition, so far as admissible under the rules of evidence,R
Use of depositions
a n
1) Against any party who was present or represented at the taking of the deposition;
may be used
or
Ch
2) Against one who had due notice of the deposition.
112
The deposition may be used for the following purposes:

1. BY ANY PARTY - For the purpose of contradicting or impeaching the testimony of the
deponent as witness
2. BY AN ADVERSE PARTY for any purpose - If the deponent is a party or anyone who was
at the time of the deposition was an officer, director, or managing agent of a public or private
r
corporation, partnership or association which is a party, his deposition can be used
a
B
3. BY ANY PARTY for any purpose - If the deponent is a witness, whether or not a party to
s
the case, if the court finds
e
a) That the witness is dead; or
l
b
b) That the witness resides at a distance more than one hundred (100) kilometers from the
o
place of trial or hearing, or is out of the Philippines (UNLESS it appears that his absence
R
was procured by the party offering the deposition); or
an r
c) That the witness is unable to attend or testify because of age, sickness, infirmity or
imprisonment; or
B a
Ch s
d) That the party offering the deposition has been unable to procure the attendance of the
witness by subpoena; or
l e
b
e) Upon application and notice, that such exceptional circumstances exist as to make it
o
desirable, in the interest of justice to allow the deposition to be used. (Rule 23, Sec. 4)
R
an r
Note: If only part of a deposition is offered in evidence by a PARTY, the ADVERSE PARTY
a
may require him to introduce all of it which is relevant to the part introduced, and any
B
C h
party may introduce any other parts.
s
c. When may objections to admissibility be made e
b l
Ro
Objections may be made at the trial or hearing to receive in evidence any deposition or
part thereof.
a n of the evidence if the witness where

Any reason which would require the exclusion
a rthen
h
present and testifying may be used as a reason for objection.(Rule 23, Sec. 6).
All objections made at the time of the examination to the qualifications of s
B
C
le and any other
the officer taking
objection to the proceedings shall be NOTED by the officer taking theb

the deposition, manner of taking it, to evidence presented, conduct of any party
o
deposition. He has NO
R
authority to rule on such objections. (Rule 23, Sec. 17)
When may the court make orders for the protection of parties
a n and deponents? a r
handexamination, upon motion seasonably B
C s
After notice is served for taking a deposition by oral
made by any party or by the person to be examined
e
for good cause shown, the court in
l
b
which the action is pending may make orders for the protection of parties and deponents (Rule
o
23, Sec. 16,).
R
an
d. When may taking of deposition be terminated or its scope limited
1. Upon motion or petition of any party or of the deponent; and

Ch
113
2. Upon showing that the examination is being conducted in bad faith or in such manner as
unreasonably to annoy, embarrass or oppress the deponent or party.
3. The court may order the officer conducting the examination to cease forthwith from taking the
deposition, or may limit the scope and manner of the taking of the deposition, as provided in
Rule 23, Sec. 16. (Rule 23, Sec. 18).
a r
This section refers to protection orders during examination either by the court in which
B
the action is pending or where the deposition is being taken. When the constitutional
s
privilege against self-incrimination is invoked by deponent or his counsel, the trial court may
e
b l
stop the examination to protect the deponent’s constitutional right. Other grounds, such as bad
faith which unreasonably annoy, embarrass or harass deponent or party may likewise be
invoked.
R o
an B ar
h and nature
2. Written interrogatories to adverse parties (Rule 25)
CPurpose s
e
land
o
answers may also be used as admissions b
Written interrogatories elicit material relevant facts from any adverse party (Note:
of the adverse party). .(Rule 25, Section 1)
R
a
Answer to interrogatories
nbe ANSWERED FULLY in writing and shall a rbe signed and sworn
B to theUNLESS
The interrogatories shall
h s
to by the person making them. Such answer shall be filed and served
C
party submitting the
e
interrogatory within fifteen (15) days from service of such interrogatories the court on
motion and for good cause extends or shortens the time.(Rule
b l 25, Sec. 2)
Objections to interrogatories
R o
a n r
Bthea earliest
1. May be presented to the court within 10 days after service thereof, with notice as in the case of
h
motions.
possible time. (Rule 25, Sec. 3) C

2. Answers shall be deferred until
e s
objections are resolved, which shall be at
b l
3. Grounds for objections:
R o
opinions, or mere hearsay, or matters not within the n personal knowledge of the interrogated r
a Ba
(a) They require the statements of conclusions of law or answers to hypothetical questions or
party.
C h s
(b) Frivolous interrogatories need not be answered.
l e
a. Consequences of refusal to answer
o b
The court, on motion and notice may
R
n
2. Dismiss the action or proceeding or any part thereof made if it wasathe PLAINTIFF who
1. Strike out all or any part of any pleading of that party; or
refused to answer;
Ch
114
3. Enter judgment by default against the defendant, if it was the DEFENDANT who refused to
answer;
4. Order that party who refused to answer to pay reasonable expense incurred by the other
party and attorney’s fees (Rule 29, Section 5)
If a party refuses to answer the WHOLE written interrogatory, Rule 29, Section 5, shall apply.
a r
However, where a party refuses only to answer a PARTICULAR question, Rule 29, Section 3
[c], shall apply (the main difference being that in Section 3[c], there is no provision on payment
of reasonable expenses/penalty)
B
es
lb
b. Effect of failure to serve written interrogatories
o
Rto give testimony in open court, or to give a deposition pending appeal.
General Rule – A party not served with written interrogatories may NOT be compelled by
n
the adverse party
a a rand to prevent a failure of justice.
B
– when allowed by the court for good cause
(Rule h
Exception
C
25, Sec. 6)
3. Request for Admission (Rule 26) le

s
Scope
o b
R of any material and relevant document described in and
aofnany material and relevant matter of fact r
a. Admission of the genuineness
a
exhibited with the request;
h
b. Admission of the truth
not related to any documents may be s
B set forth in the request;
C
c. A matter of fact
e presented to the other party for
admission or denial. (Rule 26, Sec. 1)
b l
o
and PRIOR to the filing of the sworn statement - R
Objections to any request for admission shall be submitted to the court WITHIN the period for
a n Fifteen (15) days after service of request.

a r 26,
B
Compliance shall be deferred until such objections have been resolved by the court. (Rule
Sec. 2)
C h s
a. Implied admission by adverse party
l e
o b
(1) There is an IMPLIED ADMISSION of each of the matters of which an admission is
requested R
a n a r
an admission is requested OR b) setting B
(2) if the party to whom the request is made does NOT file and serve a sworn statement
EITHER a) denying specifically the matters of which h
forth the reasons why he cannot either admit or deny Cthose matters e s
b lmay
o
(3) within fifteen (15) days after service thereof or with such further time as the court
R
allow on motion
Objections to any request for admission shall be submitted to the n

a contemplated in
court by the party
Ch
requested within the period for and prior to the filing of his sworn statement as
the preceding paragraph (15 days).
115
His compliance therewith shall be deferred until such objections are resolved, which
resolution shall be made as early as practicable. (Rule 26 Sec. 2)
The request for admission must be SERVED directly upon the PARTY REQUESTED.
Otherwise, that party cannot be deemed to have admitted the genuineness of any relevant
matters of fact set forth therein on account of failure to answer the request for admission.
r
(Nestle Philippines, Inc. and Santos vs. Court of Appeals and Sps. Hemedez, G. R. No.
a
b. Consequences of failure to B
102404, February 1, 2002).
e s answer request for admission

See above.
b l
R
c. Effect of admission o
a n a r
h B
not constitute an admission by him forsany other purpose.
Any admission made pursuant to such request is for the purpose of the pending action only
andCTheshalladmission may NOT be used againste
b l the party who made it in any other proceeding.
o
(Rule 26, Sec. 3)
Rserve request for admission

d. Effect of failure to file and
a n a r facts which are or
B be permitted to present
The party who fails to request for admission of material and relevant
evidence on such C
ought to be within the hpersonal knowledge of such party shalls NOT
facts UNLESS otherwise allowed by the court
l e for good cause shown and to
b(Rule 27)
prevent failure of justice..(Rule 26, Sec. 5).
o
UPON MOTION for good cause shown, theR
4. Production or inspection of documents or things
permit the inspection and copying ofn documents, papers, books, accounts, r
court may order any party (a) to produce and
a(b) to permit entry upon designated B aorletters,
property in his possession or controlh
photographs, objects or tangible things or land other
C relevant object or operation therein..e(Rule s 27, Sec. 1)

for the purpose of inspecting, measuring, surveying or
photographing the property or designated
This is essentially a mode of discovery limited to the parties to b
l
ocompel the production of
the action. This is to be
evidence which may be directed to a person who may or may notR

differentiated from a subpoena duces tecum which is a means to
an r
be a party to the action.
Ba
For a document to be produced
C h s
2. It should constitute or contain evidence material and relevant to any matter involved in e
1. It should not be privileged;
action; and
b l the
3. It must be within the party’s possession, custody or control.(Rule 27, Sec. 1) o

R
the Rules of Court may be availed of by any party upon a showing ofa
n
The production or inspection of documents or things as a mode of discovery sanctioned by
Ch
good cause therefor
before the court in which an action is pending. The court may order any party: a) to produce and
permit the inspection and copying or photographing of any designated documents, papers,
116
books, accounts, letters, photographs, objects or tangible things, which are not privileged;
which constitute or contain evidence material to any matter involved in the action; and which
are in his possession, custody or control; or b) to permit entry upon designated land or other
property in his possession or control for the purpose of inspecting, measuring, surveying, or
photographing the property or any designated relevant object or operation thereon. (Air
Philippines Corporation vs. Pennswell, Inc., G.R. No. 172835, December 13, 2007
a r
B
This mode of discovery does not mean that the person who is required to produce the
es
document or the thing will be deprived of its possession even temporarily. It is enough that the
l
requesting party be given the opportunity to inspect or copy or photograph the document or take
a look at the thing.
o b
R
n
5. Physical and mental examination of persons (Rule 28)
a a r
h the mental or physical condition of a partyB
C s
When is in controversy, the court, UPON MOTION
parties, may order the party to submit to al

FOR GOOD CAUSE SHOWN and upon
e
notice to the party to be examined and to all other
b
physical or mental examination by a physician. (Rule
28, Secs. 1 and 2)
o
RExamination:
n r
Requisites to obtain an Order for
1. A motion must be a a
hshow good cause for the examination;s B
filed for the physical and mental examination;
C
2. The motion must
e
l
b conditions and scope of the
3. Notice to the party to be examined and to all other parties;
R o
4. The motion shall specify the time, place, manner,
examination and the person or persons by whom it is made.
5. There must be a pending action; and
n
a is in controversy. a r
h
6 A party’s mental or physical condition
B
C
Exs. a. action involving physical injury
e s
l
c. annulment of marriage on the ground of impotency b
b. blood grouping test
Ro person
e. probate of a will by one claimed not to n
a be in full possession of his or her Bar
d. guardianship over an incompetent or mentally retarded
mental capacity
C h s
Since the results of the examination are intended to be made public, the same are e
l
not
the examination is not done to treat or cure the patient.

o b
covered by the physician-patient privilege (Sec 24(c), Rule 130). Also, unlike the privilege,
R
him a copy of a detailed report of the examining physician setting a
n
The party examined MAY request the party causing the examination to be made to deliver to
Ch
out his findings and
conclusions (Rule 28, Sec. 3).
117
Waiver of Privilege
By requesting and obtaining a report of the examination or by taking the deposition of the
examiner, the party examined WAIVES any privilege he may have in that action or any other
involving the same controversy regarding the testimony of every other person who has
(Rule 28, Sec. 4).

a r
examined or may thereafter examine him in respect of the same mental or physical examination
B
es
l
6. Consequences of refusal to comply with modes of discovery (Rule 29)
b
R o
Consequences of Refusal
a
Under Sec.n 3 --
a r
Ifh B
s
C1. The order directing him to answer designated
any party REFUSES TO OBEY--
l e questions under Sec. 1 of Rule 29;

2. The order to produce any b document or other thing for inspection, copying or
Ro or mental examination under Rule 28, or

photographing or to permit it to be done under Rule 27; or
an r
3. The order to submit to physical
B a
Ch any of the following orders: es
The court may issue
b l
o for purposes of the action;
a. Making the FACTS OR DOCUMENTS or MENTAL OR PHYSICAL CONDITION
R
sought to be discovered as ESTABLISHED
DEFENSES
a n
b. REFUSING to allow the disobedient party to support or oppose CLAIMS or
a r
c. PROHIBITING the h disobedient party from INTRODUCING B
C s
in evidence
designated documents or items of testimony;
e
d. PROHIBITING the disobedient party from INTRODUCINGlevidence of physical
or mental condition;
o b
R
e. STRIKING OUT all or any part of the pleading of the disobedient party;
a n
f. STAYING further proceedings until order is obeyed;
a r
h
g. DISMISSING the action or proceeding or any part thereof; B
h. Rendering DEFAULT JUDGMENTC s
eto
l
against the disobedient party;
i.
b
Directing the ARREST of the party concerned, except in a refusal to submit
a physical or mental examination;
o
Directing PAYMENT of REASONABLE EXPENSES incurredR
an
j. by the other,
including attorney’s fees.
Ch
Under Sec. 5 --
118
If a party –
1. FAILS TO APPEAR before the officer who is to take his deposition;
2. FAILS TO SERVE ANSWERS to interrogatories submitted under Rule 25
r
The court may issue any of the following orders:
a
B
a. STRIKING OUT all or any part of the pleading of the disobedient party
s
b. DISMISSING the action or proceeding or any part thereof;
e
l
c. Rendering DEFAULT JUDGMENT against the disobedient party;
b
o
d. Directing PAYMENT of REASONABLE EXPENSES incurred by the other, including
R
attorney’s fees.
a n a r
h
M. Trial (Rule 30)
1.C Adjournments and postponements s
B
l e
b
Rule 30, Sec. 2. Adjournments and postponements.
o
R may require, but shall have no power three
A court may adjourn a trial from day to day, and to any stated time, as the expeditious and
a longer period than onen rCourt. months in all,

convenient transaction of business to adjourn a trial for
ain writing by the Court Administrator, Supreme a

month for each adjournment, nor more than
h B
except when authorized
C e s
2. requisites of motion to postpone trial
b l
a. for absence of evidence o
R trial for absence of evidence.
n r only
Rule 30, Sec. 3. Requisites of motion to postpone
A motion to postpone a trial on thea a
Bin evidence,
ground of absence of evidence can be granted
h
upon affidavit showing the materiality or relevancy of such evidence, and that due
C sshall NOT BE
diligence
e
has been used to procure it. But if the adverse party admits the facts to be given
even if he objects or reserves the right to their admissibility, the trial
POSTPONED .
b l
R o
an a r
b. for illness of party or counsel
A motion to postpone a trial on the ground ofC

h
Rule 30, Sec. 4. Requisites of motion to postpone trial for illness of party or counsel.
illness of a party or counsel may be granteds
B
if it appears upon affidavit or sworn certification that the presence of such party or counseleat
the trial is indispensable and that the character of his illness is such as to render hislnon-
attendance excusable.
o b
R
3. Agreed statement of facts a n
Rule 30, Sec. 6. Agreed statement of facts.
C h
119
The parties to any action may agree, in writing, upon the facts involved in the litigation,
and submit the case for judgment on the facts agreed upon, without the introduction of
evidence.
If the parties agree only on some of the facts in issue, the trial shall be held as to the
disputed facts in such order as the court shall prescribe.
a r
B
4. Order of trial; reversal of order
es
Rule 30 Sec. 5. Order of trial.
b l
Subject to the provisions of Section 2 of Rule 31, and unless the court for special reasons
o
otherwise directs, the trial shall be limited to the issues stated in the pre-trial order and shall
R
proceed as follows:
an B a r
h
(a) The plaintiff shall adduce evidence in support of his complaint;
C cross-claim and third-party complaint; e s

(b) The defendant shall then adduce evidence in support of his defense, counterclaim,
b l
o
(c) The third-party defendant, if any, shall adduce evidence of his defense, counterclaim,
(d) The fourth-party, andR

cross-claim and fourth-party complaint;
pleaded by them; n r
so forth, if any, shall adduce evidence of the material facts
a a
B has
C h
(e) The parties against whom any counterclaim or cross-claim
s
been pleaded, shall
adduce evidence in support of their defense, in the
court; e order to be prescribed by the
l evidence only, unless the court,

for good reasons and in the furtherance o
b
(f) The parties may then respectively adduce rebutting
R
of justice, permits them to adduce evidence
nthe case shall be deemed SUBMITTED rFOR

upon their original case; and
(g) Upon admission of the evidence,
a B a
C h
DECISION, unless the court directs the parties to argue or to submit their respective
s
e
memoranda or any further pleadings.
l
b separate defenses
If several defendants or third-party defendants, and so forth, having
o
R of presentation of their
appear by different counsel, the court shall determine the relative order
an r
evidence.
Ba
C h s
When is a reverse order of trial allowed?
l eof
bliability
Where the defendant, in his answer, relies upon an affirmative defense, a reverse order
o
trial shall take place. Since the defendant admits the plaintiff’s claim but seeks to avoid
R
based on his affirmative defense he shall proceed first to prove his exemption.
5. Consolidation or Severance of hearing or trial (Rule 31)

a n
Rule 31, Section 1. Consolidation.
C h
120
When actions involving a common question of law or fact are pending before the court, it
may order a joint hearing or trial of any or all the matters in issue in the actions; it may order
all the actions consolidated; and it may make such orders concerning proceedings therein as
may tend to avoid unnecessary costs or delay.
Rule 31, Sec. 2. Separate trials.

a r
B
The court, in furtherance of convenience or to avoid prejudice, may order a separate trial
s
of any claim, cross-claim, counterclaim, or third-party complaint, or of any separate issue or
e
of any number of claims, cross-claims, counterclaims, third-party complaints or issues.
l
o b
6. Delegation of reception of evidence
R 9. Judge to receive evidence; delegation to clerk of court.
n r personally receive the evidence to
Rule 30, Sec.
Thea a
be adduced by the parties. However, in default B
judge of the court where the case is pending shall
h
Ccourt who is a member of the bar. Theesclerk of court
or ex parte hearings, and in any case where
the parties agree in writing, the court may delegate the reception of evidence to its clerk of
l shall have no power to rule on

b report and the transcripts within ten (10) days from
objections to any question or to the admission of exhibits, which objections shall be resolved
termination of the hearing.

R o
by the court upon submission of his
a n a r
h or ordered on motion s B
7. Trial by commissioner (Rule 32)
Cconsent
a. Reference by
l e
Rule 32, Section 1. Reference by consent.
o border any or all of the issues in a case to
be referred to a commissioner to be agreedR
By written consent of both parties, the court may
n includes a referee, an auditorr

upon by the parties or to be appointed by the
a
court. As used in these Rules, the word "commissioner"
B a and an
h
examiner.
C e s
Rule 32, Sec. 2. Reference ordered on motion.
l
b of either or of its
own motion, direct a reference to a commissioner in the followingo
When the parties do not consent, the court may, upon the application
R cases:
(a) When the trial of an issue of fact requires a

n a r
upon the whole issue or any specificC
h may be directed to hear and reports B
either side, in which case the commissioner
the examination of a long account on
(b) When the taking of an account is necessary for the information of thel
question involved therein;
e
before judgment, or for carrying a judgment or order into effect;
o b court
(c) When a question of fact, other than upon the pleadings, arises R
otherwise, in any stage of a case, or for carrying a judgment orn
upon motion or
a
order into effect.
C h
121
b. Powers of the commissioner

Rule 32, Sec. 3. Order of reference; powers of the commissioner.
When a reference is made, the clerk shall forthwith furnish the commissioner with a copy
of the order of reference. The order may specify or limit the powers of the commissioner, and
may direct him to report only upon particular issues, or to do or perform particular acts, or to
r
receive and report evidence only, and may fix the date for beginning and closing the hearings
a
B
and for the filing of his report. Subject to the specifications and limitations stated in the order,
the commissioner has and shall exercise the power to regulate the proceedings in every
es
hearing before him and to do all acts and take all measures necessary or proper for the
b l
efficient performance of his duties under the order. He may issue subpoenas and subpoenas
duces tecum, swear witnesses, and unless otherwise provided in the order of reference, he
R o
may rule upon the admissibility of evidence. The trial or hearing before him shall proceed in
all respects as it would if held before the court.
an B a r
C h
c. Commissioner’s report; notice to parties and hearing on the report
s
Rule 32, Sec. 9. Report of commissioner.
Upon the completion of the trial orl
e
reference. When his powers are o
b upon the matters submitted to him by the order of
hearing or proceeding before the commissioner, he
shall file with the court his report in writing
and conclusions of law in R

not specified or limited, he shall set forth his findings of fact
n r presented before
his report. He shall attach thereto all exhibits, affidavits,
a
depositions, papers and the
a
transcript, if any, of the testimonial evidence
B
him.
C h s
l e
Upon the filing of the report, the parties shall beb
Rule 32, Sec. 10. Notice to parties of the filing of report.
o notified by the clerk, and they shall be
Rbased upon
allowed ten (l0) days within which to signify grounds of objections to the findings of the
the parties during the proceedings before n the commissioner, other than objectionsr
report, if they so desire. Objections to the report grounds which were available to
a shall not be considered by the courtBunless a totheythe
Ch
findings and conclusions therein set forth,
were made before the commissioner.
e s
b l
Rule 32, Sec. 11. Hearing upon report.
R o
Upon the expiration of the period of ten (l0) days referred to in the preceding section, the
a nit with instructions, or requiring the ar

report shall be set for hearing, after which the court shall issue an order adopting, modifying,
B
or rejecting the report in whole or in part, or recommitting
Ch s
parties to present further evidence before the commissioner or the court.
l e
N. Demurrer to Evidence (Rue 33)
o b
1. Ground
R
Rule 33, Section 1. Demurrer to evidence.
a n
C h
122
right to relief. If his motion is denied, he shall have the right to present evidence.
2. Effect of denial
a r
If his motion is denied, he shall have the right to present evidence.
B
e s
l but on appeal the order of dismissal is reversed he shall be
3. Effect of grant
o
deemed to have waived b
If the motion is granted
the right to present evidence.
R
a n
4. Waiver of right to present evidence
a r
Ifh the motion is granted but on appeal the B
C e s order of dismissal is reversed he shall be
l
deemed to have waived the right to present evidence.
5. Demurrer to evidence in o
b
a civil case versus demurrer to evidence in a
R
n r
criminal case
a B a
Ch
Civil Case Criminal Case
-defendant does not waive his right to offer
e s
-if the court denies the motion to dismiss, the
l
evidence in the event his motion is denied accused may adduce evidence in is defense
b
provided there was leave of court in filing the
- If the motion is granted but on appeal the order of
o
motion. When the accused files such motion to
dismissal is reversed he shall be deemed to have
R
dismiss without express leave of court, he waives
waived the right to present evidence
the right to present evidence and submits the case
a n
-in case of reversal, the appellate court shall render
a r
for judgment on the basis of the evidence of the
B
judgment for the plaintiff based on his evidence prosecution. (Section 15, Rule 19)
alone. (Rule 33, Sec. 1)
C h s
l e
DEMURRER TO EVIDENCE
o b
What is a motion for judgment on demurrer to evidence? R
a n a r
A motion to dismiss filed by the defendant after plaintiff
h
has presented his evidence on the
B
C s
ground of INSUFFICIENCY OF EVIDENCE.
Effects of filing a motion for judgment on demurrer to evidence:
l e
a. If the motion is GRANTED, the order granting it is a judgment on the merits,
o b which
R motion, the
entitles the plaintiff to appeal.
defendant LOSES the right to present his own evidence and loses then
b. if on appeal, the appellate court REVERSES the order granting the
a case.
C h
123
c. If the motion is DENIED, the order of denial is an interlocutory order and the defendant is
entitled to present his own evidence.
Distinction between motion to dismiss for failure to state a cause of action and motion to
dismiss based on lack of cause of action.
a r
The first is raised in a motion to dismiss under Rule 16, Sec. 1 (g) before a responsive
B
pleading is filed and can be determined only from the allegations of the pleading and not from
s
evidentiary matters. The second is raised in a demurrer to evidence under Rule 33 after the
l e
plaintiff has rested his case and can be resolved only on the basis of the evidence he has
b
presented in support of his claim(The Manila Banking Corp. vs. University of Baguio, Inc.,
o
G.R. No. 159189, February 21, 2007)
R
an
O. Judgments and Final Orders (Rule 36)
B ar
Ch
1. Judgment without trial
e s
Kinds of Judgment and Definitionsb
l
R o
a. Without Receptionn r
a of Evidence Ba
(1) JudgmentC
h s
on the Pleadings
e
lof thatadmits
b
Where an answer fails to tender an issue, or otherwise the material allegations of
pleading. However, in actions for declaration ofo

the adverse party’s pleading, the court may, on motion party, direct judgment on such
R nullityshall
or annulment of marriage or for legal
1)
a n
separation, the material facts alleged in the complaint
r
always be proved. (Rule 36, Sec.
a
h B
C s
e supporting
l
(2) Summary Judgment
o b
Summary judgment sought shall be rendered forthwith if the pleadings,
affidavits, depositions, and admissions on filed, show that, except as to the amount of
R
damages, there is no genuine issue as to any material fact and that the moving party is
a
entitled to a judgment as a matter of law (Rule 35, Sec. 3)
n a r
B
b. With Partial Reception of Evidence
Ch e s
b l
(1) Judgment by Default
R o
If the defending party fails to answer within the time allowed therefore, the court shall,
n
a proceed to render
upon motion of the claiming party with notice to the defending party, and proof of such
Ch
failure, declare the defending party in default. Thereupon, the court shall
judgment granting the claimant such relief as his pleading may warrant, unless the court in its
124
discretion requires the claimant to submit evidence. Such reception of evidence may be
delegated to the clerk of court. (Rules of Court, Rule 9, Sec. 3.)
(2) Judgment on Demurrer to Evidence:
r
a
B
right to relief. If his motion is denied, he shall have the right to present evidence. If the
s
motion is granted but on appeal the order of dismissal is reversed, he shall be deemed to
e
have waived the right to present evidence. (Rules of Court, Rule 33, Sec. 1.)
lthe presentation
o b
A demurrer to evidence
be availed of only after
is differentiated from a motion to dismiss in that the former can
of plaintiff’s evidence while the latter is instituted as
R
a general rule before a responsive pleading is filed.
a n a r Rule 36, Section 1, regarding the

When the motion for a demurrer to evidence is granted, the judgment of the court is
Bis merely
considered on the merits and so it has to comply with
h
CCommission on Elections, G.R. No. 60601,eDecember
is based. If the motion is denied, the order s 29, 1983,
requirement that judgment should clearly and distinctly state the facts and the law on which it
interlocutory. (Nepomuceno v.
b l 126 SCRA 472.)
2. Contents of a judgment o
R of judgments and final orders.
a n
Rule 36 - Section 1. Rendition
a r
h by the judge, stating clearly and distinctly B the facts and the law on
A judgment or final order determining the merits of the case shall be in writing personally
C
which it is based, signed by him, and filed with the clerk ofe
and directly prepared
s
b l the court. [WPSSF]
3. Judgment on the pleadings (Rule 34)

R o
a n a r
h
What is a judgment on the pleadings?
B or
Judgment by the court upon C motion of a plaintiff, counterclaimant,
e s
cross-claimant,
third party plaintiff, where an answer
b l
a. Fails to enter an issue, or
R o
b. Otherwise admits the material allegations of the complaint, counterclaim, cross-claim or
third party claim (Rule 34, Sec. 1).
a n a r
h B
NOTES:
C e s
motu proprio render judgment on the pleadings. (Pineda vs. Guevara, G.R. No. b
1. The plaintiff must file a motion for judgment on the pleadings. The court cannot
l
o
143188,
R
February 14, 2007)
n
ain the complaint,
h
2. In an action for annulment of judgment on the ground of psychological incapacity,
C
even if the defendant files an answer ADMITTING all the allegations the
125
plaintiff may not move for judgment on the pleadings. The court should order the prosecutor
to investigate whether or not a COLLUSION exists between the parties. If there is collusion,
the case should be dismissed. If there is no collusion, the prosecutor should intervene for the
State in order to see if the evidence submitted is not fabricated (Rule 9, Sec. 3 (e).
a r
If there is no controverted matter in the case after the answer is filed, the trial court has
the discretion to grant a motion for judgment on the pleadings filed by a party. Where there
B
are actual issues raised in the answer, such as one involving damages, which require the
es
presentation of evidence and assessment thereof by the trial court, it is improper for a judge
l
to render judgment based on the pleadings alone. (Spouses Hontiveros v. Regional Trial
b
Court of Iloilo, Br. 25, G.R. No. 125465, June 29, 1999, 309 SCRA 340. )
o
R
an r
4. Summary judgments (Rule 35)
a
h One granted by the court, upon motion of B
What is a summary judgment?
s
Cthe case, there appearing from the pleadings, either party, for an expeditious settlement of
e (except the determination of the amount of
l
depositions, admissions and affidavits that NO
GENUINE ISSUES OF FACT are involved
o b party is entitled to a judgment as a matter of law.

damages) and that therefore the moving
R so that the ONLY ISSUE is ONE OF LAW.

It is also proper where the facts appear undisputed and certain from the pleadings,
n
depositions, admissions and affidavits,
a a r
hof summary judgment? B
C
What are the bases
e s
1. Affidavits made on personal knowledge;
l
b Rule 23;
3. Admissions of the adverse party under Rule 26; o
2. Depositions of the adverse party or a third party under
4. Answers to interrogatories under Rule 25. AllR

and
a. There is no genuine issue as to anyn material fact, except damages which must r
intended to show that:
aas a matter of law. Ba

always
h
be proved; and
C s
b. The movant is entitled to a judgment
l e
NOTES:
o b
R
1. Genuine issue – issue of law which calls for the PRESENTATION OF EVIDENCE
faith and patently unsubstantial so as not to n r

as distinguished from an issue which is sham, fictitious, contrived, set up in bad
a constitute a genuine issue for trial
Ba
2. Although an answer may on its faceh
(Paz vs. CA, 181 SCRA 26 [1990]).
C e
tender issues requiring trial, yet if its
s
GENUINE but sham or fictitious, the court is justified in DISPENSING WITHlTHE
demonstrated by affidavits, depositions or admission s that those issues are NOT
TRIAL and rendering judgment for plaintiff.

o b
R
a. for the claimant a n
Rule 35 Section 1. Summary judgment for claimant.
C h
126
A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a

declaratory relief may, at any time after the pleading in answer thereto has been served,
move with supporting affidavits, depositions or admissions for a summary judgment in his
favor upon all or any part thereof.
b. for the defendant

a r
B
Rule 35, Sec. 2. Summary judgment for defending party.
es
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory
b l
relief is sought may, at any time, move with supporting affidavits, depositions or admissions
for a summary judgment in his favor as to all or any part thereof.
R o
an r
c. when the case not fully adjudicated
a
hIf on motion under this Rule, judgment is notB
Rule 35, Sec. 4. Case not fully adjudicated on motion.
s rendered
Creliefs sought and a trial is necessary, theecourt upon the whole case or for all the
the pleadings and the evidence beforelit and by interrogating counsel shall ascertain what
at the hearing of the motion, by examining
b controversy and what are actually and in good faith

controverted. It shall thereupono
material facts exist without substantial
is not in controversy, andn

R the extent to which the amount of damages
make an order specifying the facts that appear without
directing such further proceedings in the r

substantial controversy, including or other relief
abe deemed established, and the trialBshall a be conducted on the

action as are just. The
C h
facts so specified shall
controverted facts accordingly.
s
l e
d. affidavits and attachments b
o papers.
R
Rule 35, Sec. 5. Form of affidavits and supporting
a
Supporting and opposing affidavits shall nbe made rforth
and shall show affirmatively that theaaffiant is
on personal knowledge, shall set
competent to testify to the mattersh

such facts as would be admissible in evidence,
B or parts
C s
stated therein. Certified true copies of all papers
e
l
thereof referred to in the affidavit shall be attached thereto or served therewith. (5a, R34)
o b
Raffidavits
Rule 35, Sec. 6. Affidavits in bad faith.
to this Rule are presented in bad faith, or solely for then r

Should it appear to its satisfaction at any time that any of the presented pursuant
forthwith order the offending party or counsel to pay a a

purpose of delay, the court shall
C h caused him to incur, includings B

to the other party the amount of the
e
reasonable expenses which the filing of the affidavits
l
attorney’s fees. It may, after hearing, further adjudge the offending party or counsel guilty of
contempt.
o b
Rorraised
n
In a motion for summary judgment, the crucial question is: are the issues in the
pleadings genuine, sham or fictitious, as shown by affidavits, depositions
athewhich admissions
h
accompanying the motion? A GENUINE ISSUE means an issue of fact calls for the
C
presentation of evidence. The plaintiff cannot be said to have admitted averments in the
127
defendant’s motion for partial summary judgment and its supporting affidavit just because he
failed to file an opposing affidavit. Section 3, Rule 35 did not make the submission of an
opposing affidavit mandatory. (Manufacturers Hanover Trust Co. vs. Guerrero, G.R. No.
136804, February 19, 2003)
a r
When, on their face, the pleadings tender a genuine issue, summary judgment is
not proper. (Evadel Realty and Development Corporation vs. Soriano, G.R. No. 144291,
April 20, 2001, 357 SCRA 395).
B The test for the propriety of a motion for summary
es
judgment is whether the pleadings, affidavits and exhibits in support of the motion are
l
sufficient to overcome the opposing papers and to justify the findings that, as a matter of law,
o b
there is no defense to the action or the claim is clearly meritorious. (Estrada vs.
Consolacion, No. L-40948, June 29, 1976, 71 SCRA 523;
R
an ar
In summary judgments, the trial court can determine a genuine issue on the basis of the
B
Ch
pleadings, admissions, documents, affidavits or counter affidavits submitted by the parties.
s
When the facts as pleaded appear uncontested or undisputed, then there is no real or
e
l
genuine issue or question as to any fact, and summary judgment is called for (Bitanga vs.
b
Pyramid Construction Engineering Corp., G.R. No. 173526, August 28, 2008).
R o
an r
Mere denials, unaccompanied by any fact which would be admissible in evidence at a
a
hearing, are not sufficient to raise a genuine issue of fact sufficient to destroy a motion for
B
Ch
summary judgment even though such issue was formally raised by the pleadings. (Warner,
s
Barnes & Co., Ltd. v. Luzon Surety Co., Inc., 95 Phil. 924 [1954].)
l e
o b
Courts are without discretion to deny a motion for summary judgment where there is no
genuine issue as to a material fact. Summary judgment is available even if the pleadings
R
ostensibly show genuine issue which by depositions or affidavits are shown not to be
an a r
genuine. (Diman v. Alumbres, G.R. No. 131466, November 27, 1998, 299 SCRA 459)
h
A partial summary judgment may be rendered (Rule 35, Sec. 4) s
B
C(Guevarra v. Court of Appeals, Nos. L-49024,
e August 30,
but the same is
interlocutory and not appealable.
1983, 124 SCRA 297.)
b l
R o
n r
5. Judgment on the pleadings versus summary judgments
a
admits all the allegations in the complaint, while the answer in summary judgment tenders B
a. In judgment on the pleadings, the answer either does not tender an issue or otherwise
a
some issues but these issues are not genuine soh
C
b. It is the plaintiff, counterclaimant, cross-claimant or third party plaintiff who avails of e
they require no judicial determination.
s
b l the
o
remedy of a judgment on the pleadings while summary judgment may be asked by the
R
claimant or defending party.
a n and other
c. Judgment on the pleadings is based only on the pleadings while summary judgment is
based not only on the pleadings but also on affidavits, admissions, depositions
Ch
documents
128
d. In judgment on the pleadings there is no specific requirement when the notice shall be
served on the opposing party, hence it should be served at least three (3) days before the
date of the hearing which in turn must not be later than ten (10) days after filing of the
motion, while a motion for summary judgment shall be served at least ten (10) days before
the date specified for hearing which in turn must not be later than ten (10) days after filing
of the motion.
a r
B
6. Rendition of judgments and final orders
e s
lby thedetermining
Rule 36 - Section 1. Rendition of judgments and final orders.
b
A judgment or final order the merits of the case shall be in writing personally
which it is based,o
and directly prepared judge, stating clearly and distinctly the facts and the law on
R signed by him, and filed with the clerk of the court. [ WPSSF]
7. Entry a
n a r
h of judgments and final orders
Borders.
C Rule 36, Sec. 2. Entry of judgments
e
and s
final
If no appeal or motion for new trial l
entries of judgments. The date ofo

b shall forthwith be entered by the clerk in the book of
these Rules, the judgment or final order
or reconsideration is filed within the time provided in
order and shall be signedn

R shall contain the dispositive part of the judgment
finality of the judgment or final order shall be deemed to be
r
the date of its entry. The record or final
a Ba
by the clerk, with a certificate that such judgment or final order has
C h
become final and executory.
s
e
land executory
b
JUDGMENT
Amendment of judgment before it becomes final
R o
n r
Courts have inherent power to amend their judgments, to make them conformable to the
a Ba
law applicable provided that said judgments have not yet attained finality. In fact, motions for
h
reconsideration are allowed to convince the court that their rulings are erroneous and
When it finds that the endsC smay disregard

improper (Eternal Gardens Memorial vs. IAC, 165 SCRA 439 [1988]).
technicalities and amend its order or process that had not become finall
of justice would be better served, the court
e
Oriental Mindoro, 119 SCRA 288).
o b (Villanueva vs. CFI of
R
A final judgment cannot be modified anymore.
a n a r
h
When a final judgment becomes executory it becomes immutable and unalterable.
The judgment may no longer be modified in C any respect, even if the modification is meants
B
to correct what is perceived to be an erroneous conclusion of fact or law, and regardlesseof
b lof the
o
whether the modification is to be made by the court rendering it or by the highest court
R
land.
anfor that purpose

Any amendment or alteration which substantially affects a final and executory judgment is
null and void for lack of jurisdiction, including the entire proceedings held
Ch
(Nunal vs. CA, 221 SCRA 26 [1993]).
129
Instances where a court has authority to amend judgments that are already final
a. Correction of clerical errors; nunc pro tunc entries which cause no prejudice to any party;
where judgment is void (Nunal vs. CA, supra).
r
b. Where there is an AMBIGUITY caused by an omission or mistake in the dispositive
a
portion of a decision, the court may clarify such ambiguity by an amendment even after
B
the judgment had become final. For this purpose, it may resort to the pleadings filed by
s
the parties and the court’s findings of fact and conclusions of law expressed in the body of
e
the decision (Presbiterio vs. CA, 129 SCRA 450).
l CIRCUMSTANCES transpire which render its execution
c. Where FACTS AND
to direct its o
IMPOSSIBLE AND b UNJUST and it therefore becomes necessary in the interest of justice,
R modification in order to harmonize the disposition with the prevailing

n As observed by the Solicitor General, r it may be true that the amount of
circumstances.
aExample: a
Bportion
h
CHowever, at the time the recomputationewass made in 1992,
backwages and other benefits due to the private
harmony with the literal import of the dispositive
respondents as recomputed, is not in
of the decision subject of execution.
l 5 years had already elapsed

b at a just and proper determination of the monetary
from the time the labor arbiter rendered his decision on February 26, 1987. Thus, a
R o
recomputation was necessary to arrive
awards due the private respondents. (Industrial Timber Corp. vs. NLRC, 233 SCRA 597
[1994])
a n a r
C hhas become final, what is the remedysforBinclusion of a party-heir?
e judge lost jurisdiction over the
Where judgment
b l
After the decision became final and executory, the trial
case. Any modification that he would make, i.e., the inclusion of Mary Lyon Martin would be
R o
in excess of his authority. The remedy of Mary is to file an INDEPENDENT SUIT against the
parties and all other heirs for her share in the subject property, in order that all the parties in
an a r
interest can prove their respective claims (Nunal vs. CA, supra).
h B
C
What is a judgment nunc pro tunc? s
ethough it was done
l
b back which had
Literally, it means “judgment now for then.” One issued by a court as
not been recorded in the entry of judgment is ordered to be soo

when it ought to have been done, as when a judgment rendered some years
execution could be issued upon motion of the prevailing partyR

recorded, so that a writ of
npreviously been made, but by ar

within the reglementary period.
inadvertence has not been entered. It cannot be a

It can only be issued when the thing ordered has
B
Ch
issued to make material change or
amendment in a final decision
e s
b l
What is a supplemental judgment?
R o
A supplemental judgment does not take the place or extinguish the original judgment. It
BY SIDE with the original. It does not replace that which it supplementsa n
only serves to bolster or add something to the primary decision. A supplement EXISTS SIDE
Ch
130
What is an amended judgment?

The lower court makes a study of the original judgment and renders the amended and
clarified judgment only after considering all the factual and legal issues. It is an entirely new
decision which SUPERSEDES the original decision.
What is obiter dictum?
a r
It is an opinion expressed by a court, which is not necessary to the decision of the case
B
before it. It is neither enforceable as a relief nor a source of a judicially actionable claim.
es
l
What is the principle of stare decisis et non quieta movere?
b
It holds that a point of law, once established by the court, will generally be followed by the
o
same court and by all courts of lower rank in subsequent cases involving a similar legal issue.
R
This proceeds from the legal principle that, in the absence of powerful countervailing
an r
considerations, like cases ought to be decided alike.
a
It is founded on the necessity of securing certainty and stability in the law and does not
B
Ch
require identity of or privity of parties
e s
P. Post Judgment Remedies
b l
R o
1. Motion for New Trial or reconsideration (Rule 37)
a. Grounds
a n a r
C h for a motion for new trial? s B
e rights of the aggrieved party:
What are the grounds
l
One or more of the following causes affecting the substantial
b
o
a. Fraud, accident, mistake or excusable negligence (FAME) which ORDINARY
Ror
PRUDENCE could not have guarded against and by reason of which such aggrieved party
n r
had probably been IMPAIRED IN HIS RIGHTS;
b.
a
Newly discovered evidence (NDE) which he could not, with REASONABLE
a
B would
h
DILIGENCE, have discovered and produced at the trial, and which if presented
C s
e
probably ALTER THE RESULT (Rule 37, Sec. 1).
b l
a. Fraud, accident, mistake, excusable negligence [FAME]
(1) Fraud must be extrinsic or collateral, the kind of fraud R
o
n acts intended to keep the ar
which prevented the aggrieved
a
party from having a trial or presenting his case to the court, or was used to procure the
h of compromise, or purposely keeps B

judgment without fair submission of the controversy. Examples:
him in ignorance of the suit, or where the attorney C fraudulently pretends to represent a party ands
unsuccessful party away from the court by a false promise
connives at his defeat, or corruptly sells out his client’s interest. (Magno v. Court of Appeals,eN.
L-28486, September 10, 1981, 107 SCRA 819.) Distinguished from intrinsic fraud which l
b refers
o24 SCRA
to the acts of a party at the trial which prevented a fair and just determination of the case
(Palanca v. American Food Manufacturing Co., Inc., No. L-22822, August 30, 1968,
R
a n a ground for
819.) and which could have been litigated and determined at the trial or adjudication of the
cases, such as falsification, false testimony and so forth, and does not constitute
Ch
new trial. (Tarca v. Vda. De Carretero, 99 Phil. 419 [1956]; Conde v. Intermediate Appellate
Court, No. L-70443, September 15, 1986, 144 SCRA 144)
131
(2) Mistake generally refers to mistakes of fact but may also include mistakes of law where,
in good faith, the defendant was misled in the case. Thus, a mistake as to the scope and extent
of the coverage of an ordinance, (City of Iloilo v. Pinzon, 97 Phil.968 [Unreported] [1955].) or a
mistake as to the effect of a compromise agreement upon the need for answering a complaint,
r
(Salazar v. Salazar, 8 Phil. 183 [1907].) although actually constituting mistakes of law, have
a
been considered sufficient to warrant a new trial.
B
es
(3) Negligence must be excusable and generally imputable to the party but the negligence
b l
of counsel is binding on the client just as the latter is bound by the mistakes of his lawyer.
(Gaba v. Castro, No. L-56171, January 1, 1983, 120 SCRA 505; Ayllon v. Sevilla, No. L-79244,
R o
December 10, 1987, 156 SCRA 257.) However, negligence of the counsel may also be a
ground for new trial if it was so great such that the party was prejudiced and prevented from
an ar
fairly presenting his case. (People v. Manzanilla, 43 Phil. 167 [1922]; cf. Republic v. Arro, No.
B
L-48241, June 11, 1987, 150 SCRA 625.)
Ch e s
be rebutted by affidavits.
b l
A motion for new trial based on FAME shall be supported by affidavits of merits which may
o
a) the nature or character ofR
An affidavit of merits is one which states:
the motion for new trial isn r

the fraud, accident, mistake or excusable negligence on which
a based;
the movant’s good and substantial B
a
h
b) the facts constituting
C s 60 SCRA 149. )
defenses or valid causes of
action (Ferrer v. Yap Sepeng, No. L-39373, September
l e
30, 1974,
o b
An affidavit of merits should state facts and not mere opinions or conclusions of law. (Malipol v.
R
Tan, No. L-27730, January 2, 1974, 55 SCRA 202). Affidavits of merits may be dispensed with
the subject matter (Republic v. De Leon,a a r as

nPhil. 773 [1957]) or is procedurally defective
when the judgment is null and void as where the court has no jurisdiction over the defendant or
where judgment by default was rendered before the reglementary period to answerB
101
h
as when no notice of hearing was furnished him in advance. (Solaria v. Cruz, s
C Affidavits of merits are not required
had expired,
e760).in motions for

G.R. No. 20738,
January 31, 1966, 16 SCRA 114).
reconsideration (Mendoza v. Bautista, No. L-45885, April 8, 1983, 121 SCRA
b l
R o
b. Newly discovered evidence [NDE]
To warrant a new trial, newly discovered evidence a
n a r
h B
- must have been discovered after trial;
C e s
- could not have been discovered and produced at the trial despite reasonable diligence;
l
b Steel
o
- if presented would probably alter the result of the action. (National Shipyards and
does not constitute his testimony into newly discovered evidence. (Arce vs.R
Corporation vs. Asuncion, 103 Phil. 67 [1958].) Mere initial hostility of a witness at the trial
n
Arce, 106 Phil.
630 [1959].)
a
Is a second motion for new trial allowed?
C h
132
Yes. A second motion for new trial is authorized. A motion for new trial shall include all
grounds then available and those not so included are deemed waived. However, when a ground
for a new trial was not existing or available when the first motion was made, a second motion for
new trial may be filed within the period allowed but excluding the time during which the first
motion had been pending (Rule 37, Sec. 5).
a r
B
What are the grounds for a motion for reconsideration?
es
bl
a. the damages awarded are excessive;
R o
b. the evidence is insufficient to justify the decision; or
c. the decision is contrary to law (Rule 37, Sec. 1).[DED]
a n a r
h B
s
Is a second motion for reconsideration allowed?
C(Rule 37, Sec. 5). However, there may e
l
NO. A second motion for reconsideration of a judgment or final order is not allowed.
b
be second motion for reconsideration of an
o
interlocutory order.
R
an a ror reconsideration
Is a motion for extension of time to file a motion for new trial
hextension of time to file a motion for new Btrial or reconsideration is not

allowed?
C
NO. A motion for
e s
l
allowed (Rule 40, Sec. 2; Rule 41, Sec. 3).
Exception: Said motion can be filed in the SUPREME
o b COURT (Habaluyas Enterprises vs.
Japson, 142 SCRA 208 [1988]; Argel vs. CA, 316 SCRA 511 [1999]).
R
a n a r
substance, a motion for reconsideration B
What is a pro forma motion for reconsideration and its effect?
When sufficient in form and h
C
requirements of Rule 37 and interrupts the running of the period of appeal. s satisfies the
ewill be treated as
A motion for reconsideration that does not comply with the requirements l
b STAY OR SUSPEND
pro forma intended merely to delay the proceedings and thus will NOT
the reglementary period (Marikina Valley Development Corporation o
R vs. Flojo, 251 SCRA 87
[1995]).
A pro forma motion for new trial and reconsiderationa
n a r
B
Ch
does not toll the reglementary period
s
(Rule 37, Sec. 2, last sentence).
l e
Although a motion for reconsideration may merely reiterate issues already passed
upon by the court, that by itself does not make it pro forma.
o b
R273 to[1998]).
n
Otherwise, after the decision is rendered, the losing party would be confined motions
for reopening and new trial (Marina Properties Corporation vs. CA, 294 SCRA
a
C h
133
b. When to file
1. Time to File
A motion for reconsideration or new trial may be filed within the period for taking appeal.
Note that a pro forma motion for new trial or reconsideration shall not toll the reglementary
period. A pro forma motion for reconsideration or new trial is one which does not comply
r
with the requirements of Rule 37 and does not toll the reglementary period to appeal.
a
B
(Cledera vs. Sarmiento, Nos. L-32450-51, June 10, 1971, 39 SCRA 552; Firme vs. Reyes,
No. 35858, August21, 1979, 92 SCRA 713.)
es
l
2. A motion for reconsideration or new trial suspends the running of the period to appeal
b
but if denied, the movant has only the balance of the reglementary period within which to
o
take his appeal. (Rule 41, Sec. 3). This is subject to Neypes vs. CA ruling.
R
a n
c. Denial of the motion; effect
a r
h B a motion for new trial or reconsideration.
An order denying a motion for new trialsor reconsideration is NOT APPEALABLE, the
Rule 37, Sec. 9. Remedy against order denying
Cremedy eor final order.
b
being an appeal from the judgmentl
R o
n r
d. Grant of the motion; effect
a
Rule 37, Sec. 6. Effect of granting of motion for new trial.
If a new trial h
a
B of this Rule, the original
C s
is granted in accordance with the provisions
recorded evidence taken upon the former trial, in so e

judgment or final order shall be vacated, and the action shall stand for trial de novo; but the
b l far as the same is material and
o
competent to establish the issues, shall be used at the new trial without retaking the same.
R
an a ras to
Rule 39, Sec.7. Partial new trial or reconsideration.
only a part, or less than all of the h

If the grounds for a motion under this
B all, of the
Rule appear to the court to affect the issues
s
C a new trial or grant reconsideration aseto such issues if
matter in controversy, or only one, or less than
l
parties to it, the court may order
b
severable without i/nterfering with the judgment or final order upon the rest.
Ro
ncourt may either enter a judgment ar
Rule 37, Sec. 8. Effect of order for partial new trial.
or final order as to the rest, or stay the enforcement of a

When less than all of the issues are ordered retried, the
B
Ch
such judgment or final order until after
the new trial.
e s
b l
e. Remedy when motion is denied, Fresh 15-day period rule
R o
n
Rule 37, Sec. 9. Remedy against order denying a motion for new trial or reconsideration.
a
An order denying a motion for new trial or reconsideration is not appealable, the remedy
being an appeal from the judgment or final order.
C h
134
In ordinary appeal under Rules 40 and 41, a party is now given a fresh period of 15
days from denial of motion for reconsideration or new trial within which to file notice
of appeal (Neypes vs. CA, G.R. No. 141524, September 14, 2005, 469 SCRA 633)
2. Appeals in General
a r
B
a. Judgments and final orders subject to appeal
e s
Only a final orderlor judgment on the merits may be the subject of an appeal.
What can be appealed?
Final ordero
b
proceeding orR
– one which disposes of the whole subject matter or terminates a particular
n r
action, leaving nothing to be done but to enforce by executing what has been
a a
determined.
h B
Interlocutory order – one which does not dispose of the case completely but leaves
C
something to be done upon its merits.
e s
l
b Orders
Remedies against Judgments or Final
R o
Remedies BEFORE n r
a finality of judgment
B a
Ch s
1. Motion for reconsideration
Motion for new trial
l e
2. Appeal
o b
R
a. Ordinary appeal
Rule 40
a n a r
b. Petition for review h
Rule 41
B
C e s
Rule 42
b l
Rule 43
c. Petition for review on certiorari
R o
Rule 45
a n a r
h B
Remedies AFTER finality of judgment C
e s
b l
1. Petition for certiorari
R o
2. Petition for relief from judgment
a n
h
3. Petition for annulment of judgment
135
APPEAL AND REVIEW

Election of proper mode of appeal or review depends on whether or not subject
judgment or order has become final and unappealable.
A. NOT YET FINAL AND UNAPPEALABLE – there are three modes of reviewing on
appeal a judgment or final order:
a r
B
1. ORDINARY APPEAL
es
b l
R o
a. perfected by filing a notice of appeal in the trial court within the period specified in
the Rules of Court.
ac.b.nappeal a r and law.

will be upon errors or questions of fact
B
C h this mode applies to final judgments or orders:
s

 of RTC (rendered inl
of MTC to RTC (Rule
e
40)
 of RTC to SBo
b the exercise of original jurisdiction) to CA (Rule 41)
 of RTC to R
(PD 1606, am. by RA 8249)
ato SC (P.D. 1606, as am. by RA 8249)Bar

n CA (Rule 122, as am. by A.M. No. 00-5-03-SC, Oct. 15, 2004)
 h
 of SB
C A.M. No. 00-5-03-SC, Oct. 15, 2004) e

of CA to SC (Rule 124, as am. by
s
b l
Ro
n r
2. PETITION FOR REVIEW
a B a
a. to CA
h s
C to be appealed from is rendered in ethe exercise of its
l
b. from RTC - if judgment
b
appellate jurisdiction (Rule 42)
Ro
c. from quasi-judicial agency (Rule 43)
3. PETITION FOR REVIEW ON CERTIORARI

an Ba r
C h s
a. to SC under Rule 45
l e
b. upon pure questions of law
o b
c. from RTC, CA, SB or CTA
R
a n
C h
136
B. FINAL AND UNAPPEALABLE – An already UNAPPEALABLE judgment or final order

which can no longer be subject to review on its merits may still be ANNULLED OR SET ASIDE
thru any of the following modes:
1. PETITION FOR CERTIORARI under Rule 65.
a r
- ground: judgment rendered without or in excess of jurisdiction, or grave abuse of
B
discretion amounting to lack of jurisdiction
es
l
2. PETITION FOR RELIEF FROM JUDGMENT under Rule 38.
b
o
- grounds: fraud, accident, mistake, excusable negligence
R
3.
a-nPETITION FOR ANNULMENT OF JUDGMENT
B a r under Rule 47
C h grounds: extrinsic fraud or lack of jurisdiction
s
l e
b. Matters not appealable
o bto appeal?
Sec. 1, Rule 41 expresslyR
What are the orders not subject
providing that the remedyn r special civil action

prohibits taking an appeal from certain orders, by expressly
a a
of the aggrieved party is to file an appropriate
B
Ch
under Rule 65:
e s
 Those which cannot be appealed:
b l
R o
1) An order denying a motion for new trial or reconsideration; (Deleted by A.M. No.
07-7-12-SC dated December 4, 2007, which took effect on December 27, 2007,
a n
governing amendments to Rules 41, 45, 58 and 65. Effect: neither appeal nor
a r
h Bmotion for
certiorari is a remedy. The remedy is appeal from the judgment or final order [Sec. 9,
s
Rule 37]. However, certiorari may be availed of if the order subject of the
C
reconsideration is an interlocutory order)
e
b l
Exceptions:
o
Rdismissal of a complaint is
not an interlocutory order, however, but a final order n r
1. The denial of the motion for reconsideration of an order of
a a
as it puts an end to the particular
h
matter resolved, or settles definitely the matter therein disposed of, and nothing is left for
B
C s
the trial court to do other than to execute the order.
Not being an interlocutory order, an order denying a motion for reconsiderationeof
an order of dismissal of a complaint is effectively an appeal of the order of dismissal
b l
itself.
R o
If the proscription against appealing an order denying a motion for reconsideration is
above-quoted sections of the Rules "final orders or judgments" asa

n
applied to any order, then there would have been no need to specifically mention in both
Ch
subject of appeal. In
other words, from the entire provisions of Rules 39 and 41, there can be no mistaking that
137
what is proscribed is to appeal from a denial of a motion for reconsideration of an

interlocutory order. (Quelnan vs. VHF Philippines, G.R. No. 145911, July 7, 2004)
The same ruling was made in Neypes vs. Court of Appeals (G.R. No. 141524, September
14, 2005).
a r
2. What therefore should be deemed as the "final order," receipt of which triggers the start
B
of the 15-day reglementary period to appeal – the February 12, 1998 order dismissing the
s
complaint or the July 1, 1998 order dismissing the MR
l e
We sustain petitioners’ view that the order dated July 1, 1998 denying their motion
o b
for reconsideration was the final order contemplated in the Rules. Shell and
R
Tabangao’s appeal, albeit seemingly directed only at the October 5, 1999 denial of their
an r
motion for reconsideration, was proper. Thus, we sustain the CA’s denial for being in accord
a
with the rules and pertinent precedents. We further point out that for petitioners to insist that
B
Ch
the appeal was limited only to the assailed resolution of October 5, 1999 was objectively
e s
erroneous, because Shell and Tabangao expressly indicated in their appellant’s brief that
l
their appeal was directed at both the February 3, 1998 decision and the October 5, 1999
b
o
resolution (Mendiola vs.Court of Appeals, G.R. No. 159746, July 18, 2012)
R
an r
3. Rule 41, Section 1, paragraph (a) of the Rules of Court, which provides that "[n]o appeal
a
may be taken from [a]n order denying a x x x motion for reconsideration," is based on the
B
h
implied premise in the same section that the judgment or order does not completely dispose
C s from a judgment or final order

of the case. The pertinent portion of Rule 41, Section 1 provides:
e
b l matter therein when declared by
Section 1. Subject of appeal. – An appeal may be taken
that completely disposes of the case, or of a particular
these Rules to be appealable.
R o
interlocutory order. An interlocutory ordern r
In other words, what Section 1 of Rule 41 prohibits is an appeal taken from an
a orders are generally prohibited to prevent adelaybein

or judgment, unlike a final order or judgment, does
B
Ctoh
"not completely dispose of the case [because it leaves to the court] something else to
prevent "undue burden upon the courts. s

decided upon. Appeals from interlocutory
the administration of justice and
l e orders. A motion
for reconsideration may be considered a final decision, subject to b
Orders denying motions for reconsideration are not always interlocutory
o
an appeal, if "it puts an
end to a particular matter," leaving the court with nothing else
R to do but to execute the
n r
decision.
a
of a complaint is effectively an appeal of the order of dismissal itself." It is an appeal from a B
"An appeal from an order denying a motion for reconsideration of an order of dismissal
a
C h s
e
final decision or order.
reconsideration of the decision granting respondent Ortigas the authority to sell its b
The trial court’s order denying petitioner Republic of the Philippines’ motion l for
Rofojustice.
property
to the government was not an interlocutory order because it completely disposed of a
anMarch 3, 2014)
particular matter. An appeal from it would not cause delay in the administration
(Republic vs. Ortigas and Company Limited Partnership, G.R. No.171496,
Ch
138
1) An order denying a petition for relief or any similar motion seeking relief from
judgment;
2) An interlocutory order;
3) An order disallowing or dismissing an appeal;
r
4) An order denying a motion to set aside a judgment by consent, confession
vitiating consent;
B a
or compromise on the ground of fraud, mistake or duress, or any other ground
es
5) An order of execution;
b l
6) A judgment or final order for or against one or more of several parties or in
o
separate claims, counterclaims, cross-claims and third-party complaints, while the
R
main case is pending, unless the court allows an appeal therefrom; and
an r
7) An order dismissing an action without prejudice.
B a
h s
Cunless there are grounds for commencingea special civil action for certiorari.
The remedy against a dismissal of an action without prejudice is to file another action,
l
Under Sec. 5, Rule 18 (Pre-trial),bfailure of plaintiff to appear at the pre-trial conference
shall be a cause for dismissal ofo
R
the action. - - This dismissal shall be with prejudice unless
n r
otherwise ordered by the court.
a action.stated to be without prejudice,

If the dismissal is expressly
a plaintiff cannot appeal
his with prejudice, remedy of plaintiff sis toBappeal from the order of
because he can file another
C
dismissal, which, being with prejudice, is a final resolutione
If the dismissal
b l of the case.
c. Remedy against judgments and orders R

o
n r the
which are not appealable
a a
In all of the above instances where the judgment or final order is not appealable,
B
C h
aggrieved party may file an appropriate special civil action under Rule 65. (Rule 41, Sec. 1.)
s
l e
d. Modes of appeal
o b
R
(1) Ordinary appeal
a n a r
B
ORDINARY APPEAL -- RULES 40 and 41
Ch e s
b l
Rule 40 – from MTC to RTC
Rule 41 – from RTC to CA R o
a n
What Rules 40 and 41 have in common
C h
139
Same period to appeal – 15 days from notice of judgment or final order; 30 days where
record on appeal is required (in certain sp. proc. and other cases of multiple or separate
appeals).
How appeal taken –

a r
B
1. filing notice of appeal (indicating parties to the appeal, judgment or final order or
es
part thereof appealed from, specify court to which appeal is being taken {applies
l
to appeal from RTC} and state material dates showing timeliness of appeal) or
o
final order.b
notice of appeal plus record on appeal with the court that rendered judgment or
3.n
R
2. service of copy on adverse party
payment of full amount of appellate court r
a 5, Rule 40; Secs. 2 & 5, Rule 41] Badocket and other lawful fees [Secs. 3 &
Ch e s
NOTES:
b lcannot be extended. No motion to that effect shall be
allowed.
R o
1. Period to file notice of appeal
2. 15 or 30 dayn r for new trial or

a a
period interrupted by timely filing of motion
3. Filing of h B be extended (exc. by the

reconsideration.
C s
motion for new trial and reconsideration cannot
e of appeal after denial of motion
l
Supreme Court).
for new trial or reconsideration.

o b
4. Appellant has only remaining period to file notice
R
a n a r
Bhisincluding
WHEN MOTION FOR RECONSIDERATION FILED ON LAST DAY OF 15 DAY PERIOD
C
That day should be excluded so h that when he received copy of order denying
s MR, he
still has 1 day within which to perfect his appeal, excluding the day of
l e Memorial Park
receipt and
b
the next day (BPA Data Systems Corp. v. CA, 254 SCRA 56 [1996]; Manila
o
Cemetery Inc. v. CA, 344 SCRA 769 [2000])
R
th
Same effect – filed on 14 day.
N.B. “not less than 5 days in any event” rule appliesa

n a r
hfor bill of particulars or service of BOP B
only to filing of answer after denial of
C interpleader (Rule 62, Sec. 4); and filing ofs

motion to dismiss (Rule 16, Sec. 4); denial of motion
(Rule 12, Sec. 5); denial of motion to dismiss in
l e
b
petition for certiorari against COA and COMELEC decisions (Rule 64, Sec. 3).
5. Fresh period of 15 days from denial of motion for reconsideration orR

o
n
new trial
(Neypes vs. CA, 469 SCRA 633 [2005]).
a
C h
140
Same manner of perfection - Perfection of appeal and effect thereof in both appeals from
MTC to RTC and RTC to CA – governed by Sec. 9, Rule 41.
When is appeal deemed perfected?

Appeal by NOTICE OF APPEAL – deemed perfected as to him upon filing of NOA in due
time.
a r
B
Appeal by RECORD ON APPEAL – deemed perfected as to him with respect to subject
es
matter thereof upon approval of ROA filed in due time.
141).
b l
Payment of docket fees mandatory for perfection of appeal (Yambao vs. CA, 346 SCRA
R o
an r
*** The general rule is that the perfection of an appeal in the manner and within the period
B a
prescribed by law is, not only mandatory, but jurisdictional, and failure to conform to the rules
Ch s
will render the judgment sought to be reviewed final and unappealable. By way of exception,
e
unintended lapses are disregarded so as to give due course to appeals filed beyond the
bl
reglementary period on the basis of strong and compelling reasons, such as serving the ends of
justice and preventing a grave miscarriage thereof. In this case, the last day for filing the petition
R o
for review was on September 13, 2006. The petitioners entrusted the drafting of their petition
with their counsel, who in turn entrusted the attaching of the required annexes to the petition
an r
with her secretary. The secretary resigned from her job sometime later to avoid giving her
a
employer "problems for unexpected absences in the future." Aside from this, the petitioners also
B
Ch
submitted an Affidavit from the secretary, who narrated her ordeal that day and why she was not
e s
able to inform her employer of the whereabouts of the petition. A certification from the doctor of
l
one of the secretary’s children was also submitted to prove that the secretary indeed brought
o b
her children to the doctor on September 14, 2006, the deadline for filing the petition for review
with the Court of Appeals. (Heirs of Rodolfo Crisostomo vs. Rudex International
R
Development Corporation, G.R. No. 176129, August 24, 2011) - TDC
an B a r
h
When does the court lose jurisdiction?
C parties. s
e
Appeal by NOTICE OF APPEAL – upon perfection of appeals filed in due time and
expiration of time to appeal of other
b l
o
Appeal by RECORD ON APPEAL – only over subject matter thereof upon approval of
R
records on appeal filed in due time AND expiration of time to appeal of other parties.
a n a r
h to Sec. 9, Rule 40 (“Other provs. ofs B
Residual powers
C
Sec. 9, last par., Rule 41, applicable to MTC pursuant
e
l
Rule 41 shall apply to appeals provided for herein insofar as they are not inconsistent with or
may serve to supplement the provisions of this Rule.”)
Prior to transmittal of original record or record on appeal, the court may –
o b
Rparties which
n
1. Issue orders for the protection and preservation of the rights of the
do not involve any matter litigated in the appeal.
a
2. Approve compromises
C h
141
3. Permit appeals of indigent parties

4. Order execution pending appeal in acc. with Sec. 2, Rule 39.
5. Allow withdrawal of appeal [IAPOA]
Power to dismiss appeal

a r
B
Sec. 13, Rule 41. Dismissal of appeal – Prior to transmittal of original record or record on
s
appeal to appellate court, trial court may dismiss the appeal for:
a.
e
ldocket and other lawful fees within reglementary period..
Having been taken out of time.
b. Non-payment of
o b
R
a1. nPayment r
NOTES:
B a
h
of prescribed docket fees within the prescribed period, both mandatory
C s
and jurisdictional, noncompliance with which is fatal to an appeal. Without such
payment, the appeal is not
2. Non-payment of docket feesl
e
perfected (Cu-Unjieng vs. CA, 479 SCRA 594 [2006])
b within prescribed period -- ground for dismissal of an
Ro 443 SCRA 218 [2004]).

appeal; rules relaxed only for the most persuasive and weighty reasons (Far
Corporation vs. Magdaluyo,
a n a r
h B nonetheless
s
Regional trial courts have jurisdiction over complaints for recovery of ownership or accion
C
RTC to decide the case brought on appeal from the MTCe
reivindicatoria. Section 8, Rule 40 of the Rules on Civil Procedure allows the
b l which, even without jurisdiction
of Mambajao should have dismissed the complainto

over the subject matter, may decide the case on the merits. In the instant case, the MTC
Ra decision based on the findings of the MTC.

outright for lack of jurisdiction but since it
(Provost vs. CA, G.R. No. 160406, June 26,n r

decided the case on its merits, the RTC rendered
a 2006). a
Bmerits by
h
C over the subject matter, the RTC
The RTC should have taken cognizance
s
of the case. If the case is tried on the
the Municipal Court without jurisdiction e
l the RTC shall
on appeal may
no longer dismiss the case if it has original jurisdiction thereof. Moreover,
no longer try the case on the merits, but shall decide the case on the
o b basis of the evidence
R
presented in the lower court, without prejudice to the admission of the amended pleadings and
an a r
additional evidence in the interest of justice. (Encarnacion vs. Amigo, G.R. No. 169793,
B
Ch
September 15, 2006).
e s
(2) Petition for review
b l
PETITION FOR REVIEW – RULES 42 and 43
R o
Rule 42 – governs petitions for review of decisions of RTC in a
n
Ch
exercise of appellate
jurisdiction over cases decided by MTC.
142
Special Agrarian Court decisions (LBP vs. De Leon, 388 SCRA 537; LBP vs. De Leon,
399 SCRA 376).
r
Rule 43 - petition for review of decisions, final orders, resolutions of quasi-judicial
a
agencies such as CSC, SEC, OP, LRA, SSS, GSIS, NEA, ERC, ECC, CAB, CIAC, BOI,
B
PAEC, etc.
e s
1. DARAB decisions (Valencia vs. CA, 401 SCRA 666) exc. grave abuse of
l (Sevilla Trading Co. vs. A.V.A. Tomas E. Semana, et al.,

discretion (Fortich vs. Corona, 289 SCRA 624).
b
2. Voluntary arbitrators
Ro resolutions or orders in administrative disciplinary cases

428 SCRA 239).
anFabian v. Desierto (295 SCRA 470) - Sec. r

3. Ombudsman
a
B unconstitutional as no concurrence of
27, RA 6770 providing appeal direct to
h
C cases may be taken to the Courtesof Appeals under Rule 43 of the 1997 Rules of
SC from administrative disciplinary cases
SC. All appeals from decisions of the Ombudsman in administrative disciplinary
b l Ombudsman, G.R. No. 154117, October 2, 2009

Civil Procedure.(Francisco, Jr.vs.
2013)
R o
- TDC); Cortes vs. Office of the Ombudsman (Visayas), G.R. No. 187896, June 10,
 However, n the decision, resolution or order of therOmbudsman in an

a case is final and untappealable: (1) a
B
h
administrative where the respondent is
C s The remedy more

absolved of the charge; and (2) in case of conviction, where the penalty
imposed is public censure or reprimand,
e
suspension of not than one
lRule 65. (Dagan vs. Office of the
b
month, or a fine equivalent to one month salary. is a petition for
certiorari to the Court of Appeals under
oin criminal cases – petition for certiorari to
Ombudsman, G.R. No. 184083, November 19, 2013)
R
an2 6,par., r
 Ombudsman resolutions or orders
2007; Lanting vs. Ombudsman, a

nd
SC under Rule 65 (Sec. 14, RA 6770); . De Chavez vs.Ombudsman,
h Garcia Rueda vs. Pascasio, G.R. B

G.R. No. 168830, February G.R. No.
C
141426, May 6, 2005;
e s No. 118141
4. Decisions of the Board of Commissioners of the Bureau l

September 5, 1997).
Dwikarna vs. Domingo, 433 SCRA 748)

o b of Immigration (Agus
5. 5. Decisions and final orders of commercial courtsR
an r
under RA 8799 (A.M. No.
a
04-9-07-SC, Oct. 15, 2004).
h
Financial Rehabilitation Rules of Procedures
B
C
(2013), an order approving or disapproving a rehabilitaion plan can onlye
N.B. Under Rule 6, Sec. 2 of the
b lfrombe
Ro
reviewed through a petition for certiorari under Rule 65 within 15 days
notice of the decision or order.No motion for reconsideration required
an
Ch
143
6. CIAC decisions (Metro Construction, Inc. vs. Chatham Properties, Inc., 365 SCRA
697 [2001]; Megaworld Globus Asia, Inc. vs. DSM Construction and Development
Corp., 424 SCRA 179 [2004]).
Excluded from Rule 43:
a r
B
1. Judgments and final orders issued under the Labor Code (Sec. 2).
es
b l
NLRC decisions (St. Martin Funeral Home vs. NLRC, 295 SCRA 494)
R o– petition for certiorari to CA under Rule 65.
an ar
Decisions of Secretary of Labor (National Federation of Labor vs.
B
Ch
Laguesma, 304 SCRA 407) and Director of BLR (Abbot Laboratories
e s
Phils. vs. Abbot Laboratories Employees Union, 323 SCRA 392)
l
– petition for certiorari to CA under Rule 65.
b
R o
2. CTA decisions – petition for review under Rule 45 (RA 9282).
an a r
hfor certiorari to CA under Rule 65 (Elmas vs.B Jacobi, G.R. No. 155996,
3. Decisions of the DOJ Secretary in petitions for review
C
June 27, 2012; Angeles vs. Gaite, G.R. No.l
- petition
e March 23, 2011)
b No. 58 dated June 30, 1993, the
176596,
N.B. Under DOJ Memorandum Circular
o
President if the offense chargedR
resolution of the DOJ Secretary is appealable administratively to the Office of the
a
From the OP, the aggrieved partyn a r
is punishable by reclusion perpetua to death.
may file an appeal with the Court of Appeals
under Rule 43.
h B
An appeal or petition not clearly falling within the jurisdiction of the
C e s
Office of the President, as set forth above, shall be dismissed outright.
b l
o
What Rules 42 and 43 have in common
R
1. How appeal taken and time for filing -
a n a r
h B
C
days from notice of decision, final order, resolution, etc. or denial of MNT or MRe
a. Petition for review (3 legible copies with original copy indicated as such) within 15 s
b
from date of last publication, if publication acquired for its effectivity) – Sec.
l (or
o
1, Rule
R
42; Sec. 4, Rule 43
reason and not to exceed 15 days (Id.)

a n
b. Extendible 15 days, and no further extension except for the most compelling
c. Only one (1) MR allowed (Sec. 4, Rule 43). Deemed to apply

C h also to Rule 42.
144
2. Service of copy of petition on lower court and adverse party - - serves as notice of appeal.
(Sec. 1, Rule 42; Sec. 5, Rule 43)
3. Payment to CA clerk of court of docketing and other lawful fees and deposit for costs.
r
(Id.)
B a
4. Perfection of appeal – as to petitioner, upon timely filing of petition and payment of
docket and other lawful fees. (Id.)
es
b l
Court or agency loses jurisdiction over case upon perfection of appeals filed in due time
o
and expiration of time to appeal of other parties (Sec. 8, Rule 42). No similar provision in
R
Rule 43, but apparently appeal also perfected in same manner.
anMere filing of a motion for extension ofa

r
B is perfected by timely filing of the petition
h
time to file petition for review under Rule
C s
42 is not sufficient. Unless the appeal
e
l
and payment of docket and other lawful fees, the Court of Appeals does not
b
acquire jurisdiction over the case (Fernandez vs. CA, 458 SCRA 454
o
R7, Rule
with requirements – shall be sufficient
an r
5. Effect of failure to comply ground for
a
dismissal (Sec. 3, Rule 42; Sec. 43).
h
a. payment of docket and other lawful fees, s
B
C e deposit for costs
b. proof of service of petition
b l
Rule 42; Sec. 6, Rule 43):
R o
c. contents of and documents which should accompany petition (Sec. 2,
a n a r
- state full names of parties without impleading court or agency as B
C h s
petitioner or
e
respondent
l
- concise statements of facts and issues involved and groundsb
- specific material dates showing filing within period
R
- accompanied by clearly legible duplicate original or certified
otrue copy of judgments or
relied upon
a n of plain copies thereof and of ar

final orders of both lower courts and requisite number
allegations in petition (Sec. 2, Rule 42) or ofhdecision, award, judgment, final order or B
the pleadings and other material portions of the record as would support the
C of such material portions of the records

resolution together with certified true copies
l e
b
referred to therein and other supporting papers (Sec. 6, Rule 43).
- verification and certification against forum shopping
R o
6. Appeal not a matter of right, acceptance discretionary on CA.
a n
C h
145
Sec. 4, Rule 42; Sec. 8, Rule 43. Action on the petition –
CA MAY REQUIRE respondent to file COMMENT on the petition, within 10 days from
notice, or DISMISS petition if it finds the same to be (a) patently without merit, (b) prosecuted
manifestly for delay, or (c) questions raised too unsubstantial to require consideration.(PPQ)
a r
B
Sec. 6, Rule 42; Sec. 10, Rule 43. Due course –
es
Upon filing of comment or other pleadings which court may allow or require or expiration
b l
of period for filing thereof, petition may be given due course if CA finds prima facie that the
lower court has committed an error of fact or law that will warrant a reversal or modification of
o
the appealed decision, award, judgment, final order or resolution. Otherwise, dismissed.
R
an ar
7. Appellate review solely of a pure question of law may be brought to CA -- exception
B
Ch
to rule that it can only be brought to SC (Rule 42 , Sec. 2; Rule 43, Sec. 3).
e s
b
*** Rule 43 provides for an instance where lCourt.an Inappellate review solely on a question of law
may be sought in the CA instead of this
on what law to apply in his caseR

Santos can retire under RA 660 or RA o8291 is undoubtedly a question of law because it centers
the case at bar, the question on whether
nthat he was re-employed by the government. r Thus, he availed of

considering that he has previously retired from the government
the proper remedy which a a

under a particular statute and
and Government Service Insurance B

Ch- TDC
is a petition for review under Rule 43. (Jose Santos vs. Committee
on Claims Settlement,
e s System (GSIS), G.R. No.
l
158071, April 2, 2009)
o b
R
Where Rules 42 and 43 differ
a n a r
h B
Rule 42
C
Sec. 8. Perfection of appeal; effect thereof.
s
eRules shallthe provide
(b) Except in civil cases decided under the Rule on Summary Proceeding,
SHALL STAY the judgment of final order unless the CA, the law, or these
b l appeal
otherwise.
R o
n r
Sec. 21, Rule on Summary Procedure:
a a
hshall be IMMEDIATELY EXECUTORY,s B
The decision of the Regional Trial Court in civil cases governed by this Rule,
C
including forcible entry and unlawful detainer,
without prejudice to a further appeal that may be taken therefrom.
l e
o b
Rule 43
R
order or resolution sought to be reviewed unless the CA shall directa
n
Sec. 12. Effect of appeal – The appeal SHALL NOT STAY the award, judgment, final
Ch
otherwise upon such
terms as it may deem just.
146
N.B. Court of Appeals injunctive orders are not binding on the Ombudsman in
administrative disciplinary cases. (Buencamino vs. CA, April 12, 2007, Office of
the Ombudsman vs. Samaniego (Resolution dated October 5, 2010) and Facura
vs. CA, February 16, 2011).
r
Exhaustion of administrative remedies
B a
Appeal by petition for review under Rule 43 requires that petitioner has EXHAUSTED ALL
s
ADMINISTRATIVE REMEDIES and that a final order or decision has been rendered by the
l e
administrative body in the exercise of its quasi-judicial functions. If there is no exhaustion or
administrative remedies, appeal by petition for review may not be the appropriate remedy but a
b
special civil action under Rule 65
o
R
an r
Distinction between ordinary appeal and petition for review. --
B a
h
C Petition for review is DISCRETIONARYe
Ordinary appeal is a MATTER OF RIGHT
s
b l
R o
a. Failure to comply strictly with its requirements shall be sufficient ground for
an r
dismissal – Rule 42, Sec. 3; Rule 43, Sec. 7
a
B is no assurance that
C h s
the petition will be given due course, as CA e
b. The fact that petitioner has complied with all its requirements
b
court or agency concerned has committed prima l will still have to be convinced that
facie an error of fact or law that
Ro43, Sec. 10
will warrant reversal or modification of the appealed decision before it may be
given due course – Rule 42, Sec. 6; Rule
a n a r
(3) Petition for review on certiorari
h B
PETITION FOR REVIEW ON C
e s
l
CERTIORARI UNDER RULE 45
1. How appeal taken and time for filing -
o b
R final order of resolution or
denial of MNT or MR. (Secs. 1 & 2)
a n
a. Verified petition within 15 days from notice of decision,
a r
lawful fees and deposit for costs C
h of full amount of docket and others B
On motion duly filed and served, with payment
before expiration of reglementary period --
extension of 30 days only for justifiable reasons.
l e
b. Docket and other lawful fees, deposit for costs (Sec. 3)
o b
c. Proof of service on lower court and adverse party (Id.)
R
a n
2. Only questions of law may be raised (Sec. 1)
C h
147
a. Question of law – when there is doubt or difference of opinion as to what the law is
on a certain state of facts and which do not call for an examination of the probative
value of the evidence presented by the parties.
Exc. Petitions for review of decisions of RTC, Court of Appeals and
Sandiganbayan in petitions for writs of amparo or habeas data, and of the Court of
r
Appeals in petitions for writ of kalikasan, may raise questions of fact.
a
B (Sec. 5)
s
3. Dismissal or denial of petition
e
l to comply with requirements of Sec. 4
b
Dismissal – failure of petitioner
o
regarding
R
an r
- payment of docket and other lawful fees
B a
h
- deposit for costs
C- contents of and documents which should

- proof of service of petition
s
e accompany petition shall be SUFFICIENT
b l
o
GROUND for dismissal thereof
R
ground that appeal a
n a
Denial – on its own initiative or motu proprio, SC may deny petition on
r
h B
C
- patently without merit
e s
- prosecuted manifestly for delay
b l
o
- questions raised too unsubstantial to require consideration
R
a
4. When petition given due course (Sec. 6) n a r
h B
C s
When court a quo -
l e
1. has decided a question of substance
o b
not therefore determined by SC, or
R
a n
has decided it in a way probably not in accord with law or with
a r
applicable decisions of SC
h B
C e s
2. has so far departed from accepted and usual course of judicial
b l
proceedings, or
R o
n
so far sanctioned such departure by the lower court, as to call
for the power of supervision.
a
C h
148
SC may review matters not specifically raised.
Once accepted by SC, THROWS ENTIRE CASE OPEN TO REVIEW.
r
5. Distinguished from certiorari as a special civil action
a
B
As mode of appeal
-
es
appellate or superior court has jurisdiction over subject matter and persons of the parties
l
and can only review errors of judgment, i.e., questions or errors of law decided or committed
by lower court
-
o b
Rthe same, appellant being the petitioner and appellee, the respondent
appeal or continuation of the case either from CA, SB or CTA, or RTC
-
n
parties are
a a r
- h B reversing or modifying judgment or
Corder appealed from s
appellate court renders its own decision affirming,
e
b l
As special civil action o
R errors of jurisdiction, i.e., acts of respondent done without
-
n
superior court can only review
a a r to lack or excess of
h action, where inferior court, boards orBofficer is made respondent,
or in excess of jurisdiction or with grave abuse of discretion amounting
jurisdiction
- C
together with person or persons interested in sustainingl
original or independent
eproceedings in the inferior court
b render a contrary one, but can only
the
-
o
court cannot reverse inferior court’s decision and
R
annul or modify act complained of and all proceedings flowing therefrom
a n a r
h B
6. Petition for Review under Rule 45 and special civil action under Rule 65 mutually
exclusive
C e s
b l
o
These remedies are mutually exclusive and not alternative or successive.
Where the first is available, the second cannot be resortedn

R
a to.
a r
C has a substitute for failure to file petitions B
Special civil action under Rule 65 may not be allowed
l e
b
under Rule 45 (Linzag vs. CA, 291 SCRA 304 [1998]).
However, in the interest of justice, SC may consider petition for certiorariR

o
an
under Rule 65
as a petition for review under Rule 45, provided latter is filed within the required period
Ch
(Banco Filipino Savings and Mortgage Bank vs. CA, 334 SCRA 305 [2000]).
149
Petition for review under Rule 45 may be treated as a petition for certiorari under Rule
65, in the interest of substantial justice. Dismissal of appeal purely on technical grounds is
frowned upon where the policy of the courts is to encourage hearing of appeals on the
merits. The rules of procedure ought not to applied in a very rigid technical sense, as they
are used only to help, not override, substantial justice.
r
The strict application of procedural technicalities should not hinder the speedy disposition of
a
the case on the merits (Ramiscal vs. Sandiganbayan, 446 SCRA 166 [2004]). Callejo
B
es
Petition for review can be considered as a petition for certiorari, in the interest of
b l
justice. -- Petitioner came to know of the judgment by default after it was promulgated by the
trial court while appeal was still available. In fact, she filed a motion for reconsideration which
R o
was denied. What she should have done was to file an ordinary appeal with the Court of
Appeals. Instead, she came directly to this Court via a petition for review on certiorari.
an ar
However, in the interest of justice, we consider the instant petition, pro hac vice, a petition for
B
certiorari under Rule 65, it appearing that the trial court committed grave abuse of discretion
Ch s
in rendering the judgment by default. (Tan vs. Dumarpa, 438 SCRA 659 [2004])
e
l petition, i.e., delegating to the Supreme Court
b
Petitioner cannot file an “alternative”
Ro
the task of determining under which rule the petition should fall - petition for review on
certiorari under Rule 45 or certiorari under Rule 65. In this case, appeal was not only
n 5 (f), a wrong or inappropriate mode

available but also a speedy and
rof appeal, as in this
adequate remedy. Petitioner should have filed a petition for
case, merits an outrighta a

review. Under Rule 56, Section
B
Ch
dismissal. (Chua vs. Santos, 440 SCRA 365 [2004]) Callejo
s
eto assail the Court of Appeals’
decision denying a petition for certiorari. Sinceb
Petition for review on certiorari is the proper remedy l
relief from judgment, the CA decision became o petitioner filed instead a petition for
Rfor Futile
final. After the CA denied his petition for
n
relief from judgment, petitioner filed a petition
a certiorari, not abecause

reversal and setting aside of both CA decisions. of the finality of ther
review with the Supreme Court seeking a
a earlier
h
decision and the fact that a petition for
B Rule 41)
petition for review, is the correct
CServices, Inc. 441 SCRA 346 [2004]). Carpio-Morales

remedy against a denial of a petition for relief from judgment (Section 1 (b),
e s
l
(Azucena vs. Foreign Manpower
Motion for reconsideration not a sine qua non for filing of ao

b
Rfiling of thethatinstant
petition for review under
n r
Rule 45. – We do not agree with the contention of respondent a motion for
a a
reconsideration ought to have been filed before the petition
B
Ch
(Commissioner of Internal Revenue vs. Hantex Trading Co., Inc., 454 SCRA 301 [2005]).
s
Callejo)
l e
7. Factual findings of CA binding on SC. 11 Exceptions:
o b
R
(a) When the findings are grounded entirely on speculation, surmises, or conjectures;
a
(b) When the inference made is manifestly mistaken, absurd, or impossible;
n
(c) When there is grave abuse of discretion;
(d) When the judgment is based on a misapprehension of facts;
C h
150
(e) When the findings of facts are conflicting;

(f) When in making its findings the CA went beyond the issues of the case, or its findings
are contrary to the admissions of both the appellant and the appellee;
(g) When the CA’s findings are contrary to those by the trial court;
r
(h) When the findings are conclusions without citation of specific evidence on which they
a
are based;
B
(i) When the facts set forth in the petition as well as in the petitioner’s main and reply
es
briefs are not disputed by the respondent;
b l
(j) When the findings of fact are premised on the supposed absence of evidence and
contradicted by the evidence on record; or
R o
(k) When the CA manifestly overlooked certain relevant facts not disputed by the parties,
an r
which, if properly considered, would justify a different conclusion (Abalos vs. Torio,
B a
Ch
G.R. No. 175444, December 14, 2011)
e s
Additional exception:
bl
o
Those filed under writs of amparo, habeas data, or kalikasan.
R
Judicial Courtesy
n
a meaning holding in abeyance the execution a rof a judgment because
of a pending petitionh for certiorari with the higher court, evenB
Rule of judicial courtesy,
C order. In Eternal Garderns Memorial s

without the issuance of a
[1988]), the role of judicial courtesy would apply ONLY iflthere

temporary restraining
e is a string probability that the
Corp. vs. CA (164 SCRA 421
continuation of the proceedings in the lower court. o

issues before the higher court would be rendered MOOT b AND MORIBUND as a result of the
R
a n a r
e. Issues to be raised on appeal
Errors of judgment committedC
h B
by a court with jurisdiction over the subjectsmatter and the
l e
b
persons of the parties.
R o
f. Period of appeal
Period of time to appeal must be strictly enforced ona
n a r
No. 85273, March 9, 1993, 219 SCRA 724.) andC
h Insurance System v. Gines, G.R. B
considerations of public policy. The
the failure to do so renders the questioneds

period is mandatory and jurisdictional (Government Service
e
decision final and executory that deprives the appellate court of jurisdiction to alter thelfinal
judgment much less to entertain the appeal (De Castro, Jr. v. Court of Appeals, No. b
February 29, 1988, 158 SCRA 288.) or motion for new trial. (Velasco v. Ortiz, G.R.o
L-36021,
R of the
No. 51973,
n
April 16, 1990, 184 SCRA 303) The decision of the Court of Appeals after expiration
period to appeal is null and void.(Antonio v. Court of Appeals, No. L-77656,
a August 31, 1987,
h
153 SCRA 592.)
151
g. Perfection of appeal
Rule 41, Sec. 9
A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the
notice of appeal in due time.
r
A party’s appeal by record on appeal is deemed perfected as to him with respect to the
B a
subject matter thereof upon the approval of the record on appeal filed in due time.
In appeals by notice of appeal, the court loses jurisdiction over the case upon the
es
perfection of the appeals filed in due time and the expiration of the time to appeal of the other
parties.
b l
o
In appeals by record on appeal, the court loses jurisdiction only over the subject matter
R
thereof upon the approval of the records on appeal filed in due time and the expiration of the
n r
time to appeal of the other parties.
a B a
h
Effect of Perfection of Appeal
CHowever, s
prior to the transmittal oflthe e original record or record on appeal to the
The court which rendered the appealed decision loses its jurisdiction over the case.
o b
appellate court, it may still do the following:
1. issue orders forn

R
do not involvea a r of the parties which
the protection and preservation of the rights
2. approve h B
any matter litigated by the appeal;
C compromises;
e s
3. permit appeals of indigent parties;
l
b with Section 2, Rule 39; and
R o
4. order execution pending appeal in accordance
5. allow withdrawal of appeal. (Rule 41, Sec. 9) (IAPOA)
a n a r
h. Appeal from judgments or final h orders of the MTC B
C es
l
Rule 40
i. Appeal from judgments or final orders of the RTC
o b
Rule 41
j. Appeal from judgments or final orders of the CA n
R
a a r
Rule 45
h B
k. Appeal from judgments or final orders ofC the CTA
e s
Rule 45
b l
l. Review of final judgments or final orders of the COA
R o
Rule 64
m. Review of final judgments or final orders of the COMELEC a
n
Rule 64
Ch
152
n. Review of final judgments or final orders of the CSC

Rule 43
o. Review of final judgments or final orders of the Ombudsman
Rule 43
a r
p. Review of final judgments or final orders of the NLRC
Rule 65
B
es
q. Review of final judgments or final orders of quasi-judicial agencies
Rule 43
b l
R o
an r
3. Relief from judgments, orders and other proceedings
B a
a. C
h
Grounds for availing of the remedy s
l e
RELIEF FROM JUDGMENT – RULE 38
o b
Special remedy – of equitable R
an r
character, allowed only in exceptional cases, as when there is
a
no other available or adequate remedy.
h B
It is a special C
e s
remedy in which equity and justice justify the grant to give petitioner a last
chance to defend his rights or protect his interest.
b l
When available
R o
1. Available only after
a n a r
h B
C s
(a) decision or final order from
which relief is sought has become final and executory, and
l e
b him (motion for new
(b) loss of the right to appeal.
o
Ror taking the appeal.
Not available where (a) a party has another adequate remedy available
n
trial or appeal) and (b) he is not prevented from filing such motion
a a r
remedy is due to his own negligence or B
Ch s
2. Relief will not be granted when a party’s loss of legal
mistaken mode of procedure.
l e
o b
Otherwise, petition will be tantamount to reviving the right of appeal which has already been
R
lost because of inexcusable negligence or due to a mistake in the mode of procedure taken by
an
counsel.
Requisites:
Ch
153
a. fraud, accident, mistake or excusable negligence

- same meaning as those used as grounds for new trial under Rule 37.
- fraud must be extrinsic or collateral
What is extrinsic fraud?
r
Fraudulent scheme executed by a prevailing party litigant outside the trial against
a
B
the defeated party, his agents or attorneys or witnesses – defeated party prevented from
s
exhibiting fully his side of the case by fraud or deception practiced on him by his
opponent. Examples:
l e
b
- keeping him away from court
o
- false promise of compromise
R
- being kept ignorant of the case
n r
- where his attorney fraudulently connives at his defeat
a a
h B or defense, as the case may be.
s showing:
b. presence of good and substantial cause of action
C * affidavit of merit must accompany petitione
b l mistake or excusable negligence relied upon, and
o good and substantial cause of action or defense.
- facts constituting fraud, accident,
R
- facts constituting petitioner’s
n
 serves as jurisdictional basis for the court to entertain the
a r
Ba
petition. Exception-
h
may not be necessary
(b) C
(a) where
s before petitioner’s time to
decision is null and void for want of jurisdiction,
e
l
where a default judgment was entered even
(c) where applicant had no notice of the b

answer had expired, or
Ro
trial, etc.
b. Time to file petition an B a r

Time for filing –
C h s
(a) within 60 days after learns of judgment, order or other proceeding to be
l eset aside, and
not more than 6 months after judgment or order entered, or suchb
o
(b) proceeding taken.
R
a n
60-day period – ordinarily counted from date of service of judgment or final order. If there
a r
B
Ch
is no indication of receipt of service by petitioner or his counsel, it is his duty to show that he
received it within the 60-day period.
e s
6-month period – counted from the time judgment or final order is entered, meaning l
b same
has become final or executory.
R o
entry or recording thereof by the clerk of court in the book of entries of judgment after the
n
a taken” against
If clerk of court failed to enter judgment or final order in the book of entries, 6-month
period is counted from issuance of writ of execution, as the “other proceeding
Ch
petitioner.
154
Periods are non-extendible and never interrupted.
Exceptions – exceptional circumstances when the period may be relaxed, for the SC, in
the interest of substantial justice, has the power to suspend its rules and to consider petition
r
filed beyond the period as seasonably filed.
a
B
c. Contents of petition
es
b l
Rule 38, Sec. 3. Time for filing petition; contents and verification.
R o
A petition provided for in either of the preceding sections of this Rule must be verified,
filed within sixty (60) days after the petitioner learns of the judgment, final order, or other
an r
proceeding to be set aside, and not more than six (6) months after such judgment or final
a
order was entered, or such proceeding was taken; and must be accompanied with affidavits
B
Ch
showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts
s
constituting the petitioner's good and substantial cause of action or defense, as the case may
e
l
be.
o b
a. Grounds for annulment R
4. Annulment of Judgments or final orders and resolutions
an B a r
Cofhjudgments or final orders and resolutions
ANNULMENT OF JUDGMENT – RULE 47
e s
l relief or other appropriate remedies
Governs annulment in civil actions of RTCs for
are no longer available thru no fault of petitioner. b

which ordinary remedies of new trial, appeal, petition for
R o
anof new trial, appeal, petition for relief r
Cannot be availed of –
B a
(1) where party had availed of remedy
C h
appropriate remedy and lost therefrom; or
s
or other
(2)
l e
where he failed to avail of any such remedy thru his own fault or negligence.
o b
Grounds and period for filing:
Extrinsic fraud – aggrieved party must show that hen
R
(1)
aextrinsic fraud done against him. Bar
failed to avail of new trial, appeal,
h
petition for relief or other appropriate remedy due to
C e s
a. Fraud must be committed by adverse party
Refers to acts outside the trial.
b l
- prevents a party from having a trial, or a real contest,
R o
an
or from presenting all of his case in court
- operates upon matters not pertaining to the judgment
Ch
itself but to the manner in which it was procured so that
there is no fair submission of the controversy.
155
b. In an ejectment case, the judge demanded and received money from plaintiff in
order that the latter may secure the favorable outcome of the case. As a result of the
acts of both plaintiff and the judge, defendant was prevented from receiving a fair and
just trial. Judgment annulled (Joven vs. Calilung, 477 SCRA 470).
a r
c. Petition must be filed within four (4) years from discovery – an action based on
B
fraud prescribes in 4 years.
es
(2)
b l
Lack of jurisdiction - judgment rendered without jurisdiction is null and void.
R o
a. Nullity may be shown not only by what appears on the face of the decision but also
by the documentary and testimonial evidence found in the record.
an B ar
Ch
b. Petition filed before it is barred by laches or estoppel. While a void judgment due to
s
lack of jurisdiction is imprescriptible, the declaration of its nullity may be barred by laches or
e
l
estoppel.
b
Laches – neglect or omission to assert a right with a reasonable time.
o

R
CA has no jurisdiction to entertain a petition to annul a final decision of the SEC
an a r
under Rule 47. Applies only to judgments or final orders of RTC in civil cases, per
B
Ch
Sec. 1. MTC judgments and final orders can be annulled by RTC, per Sec. 10. CA
s
can reverse or modify SEC decision under Rule 43 (Galang vs. CA, 472 SCRA 259
e
l
[2005])

o b
The fact that the judgment or final order has been executed does not preclude the
R
filing of the action for annulment of judgment.
an B a r
Ch
(3) Lack of due process (National Housing Authority vs. Evangelista, G.R. No. 140945,
s
May 16, 2005; Pinlac vs. Court of Appeals, G.R. No. 91486, January 19, 2001)
l e
b
b. Period to file action
See above
R o
c. Effects of judgment of annulment an Ba r
Ch s
.
l e
A judgment of annulment shall set aside the questioned judgment or final order or resolution
o b
and render the same null and void, without prejudice to the original action being refiled in the
proper court. However, where the judgment or final order or resolution is set aside on the
R
ground of extrinsic fraud, the court may on motion order the trial court to try the case as if a
an
timely a motion for new trial had been granted therein. (Rule 47, Sec. 7)
5. Collateral attack of judgments

Ch
156
Direct attack - made through an action or proceeding the main object of which is to annul or
set aside or enjoin the enforcement of such judgment if not yet carried into effect.
Exs. certiorari, annulment of judgment
Collateral attack – made when, in another action to obtain a different relief, an attack on the
judgment is made as an incident in said action. Proper only when the judgment, on its face, is
a r
null and void, as where it is patent that the court which rendered said judgment has no
jurisdiction (Co vs. Court of Appeals, 196 SCRA 705).
B
es
l
Q. Execution, Satisfaction and Effect of Judgments (Rule 39)
b
EXECUTION
R o
an ar
What is execution?
B
Ch
Execution is a remedy afforded by law for the enforcement of a judgment, It is a juridical writ
s
issued to an officer authorizing and requiring him to execute then judgment of the court
e
Execution means its inforcement by writl
(Pamantasan ng Lungsod ng Maynila vs. IAC, 143 SCRA 311 [1986]).
issued upon motion filed within 5 yearsb

of execution and/or writ of posssession or demolition
Ro
from date of entry of the judgment or even after such 5-
year period where the defeated party caused the delay in the execution of the judgment or by
an r
independent action within 5 years after said 5-year period (David vs. Ejercito, 71 SCRA 484
[1976]).
B a
C h s
1. Difference between finality of judgment for purposes
l e of appeal; for purposes
of execution
o b or the payment of money, there is
Rand orcosts;
If the judgment does not order the doing of something
a case without pronouncement as to damages n

nothing in the judgment which needs to be enforced
a (c) judgment declaring a contract null anda

(b) judgment in an injunctionrcase
executed. Exs. (a) judgment dismissing
h
which orders the defendant not to do an act;
B not “final
void.
C e s
If the appeal period has lapsed, the judgment becomes “final and unappealable,”
and executory.”
b l
2. When execution shall issue
R o
a. Execution as a matter of right
a n a r
h B
C s
Requisites
1. On motion
l e
2. Upon judgment or order that disposes of the action or proceeding and
o b
R
3. Upon expiration of the period to appeal therefrom and no appeal has been duly perfected;
or
a n
h
4. When appeal has been duly perfected and resolved.
157
Once the judgment has become final and executory, the prevailing party may, by motion,
move for the issuance of a writ execution of the judgment in the court of origin.
The appellate court may, on motion in the same case, when the interest of justice so
requires, direct the court of origin to issue the writ of execution. (Rule 39, Sec. 1)
a r
What is the remedy against the court’s refusal to issue writ of execution?
trial court refuses to issue a s

Where the judgment or final order Bhas become final and executory, notwithstanding which the
e party’s remedy is to file a petition for MANDAMUS (Valenzona
writ of execution by denying the motion for execution without
b
vs. CA, 226 SCRA 306 [1993]).l
justifiable reason, the aggrieved
o
R execution
a n
b. Discretionary
a r
h B
CRequisites
How
e s
may discretionary execution or execution pending appeal be availed of?
l
b party;
o
1. Motion for execution filed by the prevailing
R party;
ana special order after hearing. Bar
2. Notice of said motion to adverse
3. Good reasons stated in
C h s over the case and is in

e
possession of either the original record or recordlon appeal. The court may, in its
This must be done while trial court has jurisdiction
discretion, order execution even before the expiration ofb
R o the period for appeal.

After the trial court has lost jurisdiction, the motion for execution pending appeal may be
n
a MAY be executed under the SAMEBterms
filed with the appellate court. (Rule 39, Sec. 2(a)).
ar and
conditions as executon of judgment orh
Several separate or partial judgments
C es
final order pending appeal (Rule 39, Sec. 2(b))
.
Examples of good reasons:. (1) where there is danger of theljudgment becoming

ineffectual, such as where the losing party is disposing ot its assets, or
o b articles subject of the
case would deteriorate; (2) where the judgment debtor is insolvent
R or in imminent danger of
being insolvent’
a n a r
h B
C s
What are the reasons that do not justify execution pending appeal?
l e
a. appeal is frivolous and dilatory – it is not for the trial court to decide that question (Ong
vs. CA, 203 SCRA 38 [1991])
o b
execution pending appeal could be obtained through the mere filing of R
b. posting of a bond to answer for damages is not alone a sufficient reason, otherwise
such bond (BF
n
c. the fact that the prevailing party is In financial distress (IntramurosaTennis Club, Inc. vs.
Corp. vs. EDSA Shangri-La Hotel and Resort, Inc., 294 SCRA 109 [1998]).
Court of Appeals, 341 SCRA 90)

Ch
158
How may discretionary execution be stayed?

a. upon approval by the proper court
b. of a sufficient SUPERSEDEAS BOND
c. filed by the party against whom it is directed
a r
(1) conditioned upon the performance of the judgment or order allowed to be executed
B
(2) in case it shall be finally sustained in whole or in part.
es
d. The bond thus given may be proceeded against on motion with notice to the surety (Rule
39, Sec. 3).
b l
R o
What is the remedy where the judgment subject to discretionary execution is reversed
or annulled?
an B ar
Ch
The trial court may, on motion, issue such orders of restitution or reparation of damages as
s
equity and justice may warrant under the circumstances (Rule 39, Sec. 5).
l e
3. How a judgment is executed
o b
R
a. Execution by motion or by independent action
an a r
When may a judgment be executed by mere motion?
B
Ch
A final and executory judgment may be executed by mere motion within 5 years from the
date of its entry (Rule 39, Sec. 6).
e s
l of judgment)
After the lapse of 5 years from the date of its entry,b
When may a judgment be executed by action? (Revival
limitations, a judgment may be enforced by action. o

and before it is barred by the statute of
R The revived judgment may also be enforced

n 6).
aSec.
by mere motion within 5 years from the date of its entry and thereafter by action before it is
a r
h B
barred by the statute of limitations (Rule 39,
C s
eproperty, or
l
Venue of action for revival of judgment
If the action for revival of judgment affects title to or possession of real
o b
interest therein, then it is a real action that must be filed with the court of the place where
R
the real property is located. Venue depends on nature of judgment sought to be revived.
a n
(Infante vs. Aran Builders, Inc., G.R. No. 156596, August 24, 2007)
a r
h B
C
The 5-year period may be deemed extended where the delay is through no fault of e
When is the 5-year period deemed extended?
s
b l the
o
prevailing party but is due to the delay caused or occasioned by actions of the judgment obligor
R
for his benefit or advantage (Camacho vs. CA, 287 SCRA 311 [1998]).
Mandatory execution
a n
What judgments are immediately executory?
C h
159
a. Judgments in actions for injunction, receivership, accounting, support. (IRAS)

Such judgments shall not be stayed by an appeal therefrom unless otherwise stayed by the trial
court. Also, on appeal, the appellate court may make an order suspending, modifying, restoring
or granting the injunction, receivership, accounting or award of support. (Rule 39, Sec. 4)
a r
b. In forcible entry and unlawful detainer, if judgment is rendered against the defendant,
B
execution shall issue immediately upon motion unless defendant complies with the requisites for
s
staying execution (Rule 70, Sec. 19).
l e
c. In forcible entry and unlawful detainer, the judgment of the RTC in aid of its appellate
o b
jurisdiction against the defendant shall be immediately executory, without prejudice to further
appeal to the CA or SC (Rule 70, Sec. 21).
R
an ar
What is the remedy against improvident issuance of execution?
B
Ch
CERTIORARI lies against an order granting execution pending appeal when it is not founded
s
on good reasons. Appeal is not a speedy and adequate remedy that can relieve the losing party
e
l
of the immediate effects of an improvident execution pending appeal (BF Corp. vs. EDSA
b
Shangri-La Hotel and Resort, Inc., supra).
o
R
How shall the writ of execution be returned?
an a r
a. If the writ is satisfied -- The writ of execution shall be returnable to the court issuing it
B
Ch
immediately after the judgment has been satisfied in part or in full.
s
b. If the writ is not satisfied -- If the judgment cannot be satisfied in full within 30 days after
l e
issuance of the writ, the offficer shall report to the court and state the reasons therefor (Rule 39,
b
Sec. 14).
o
R (Rule 39, Sec. 8)
n r
b. Issuance and contents of a writ of execution
a B a
C h
The writ of execution is issued in the name of the Philippines and shall state:
s
1. The name of the court which granted the motion;
l e
b and
2. The case number;
4. Shall require the sheriff or other proper officer to whom it iso

3. The dispositive portion of the judgment or order subject of the execution;
R
directed to enforce the writ
aproperty of such judgment obligor; Bar

n
according to its terms, in the manner hereinafter provided:
a) If the execution be against the property of  the judgment obligor, to satisfy the
b) If it be against real or personal propertyh

judgment, with interest, out of the real or personal
C in theof thehandsjudgment thes

obligor, to satisfy e
of personal representatives,
l it,
heirs, devisees, legatees, tenants, or trustees
judgment, with interest, out of such property;
b
o of which
c) If it be for the sale of real or personal property, to sell such property, describing
and apply the proceeds in conformity with the judgment, the material parts
R
shall be recited in the writ of execution;
the possession of the same, describing it, to the party entitled a

d) If it be for the delivery of the possession of real or personal property, n to deliver
Ch out of the personal
thereto, and to satisfy
any costs, damages, rents, or profits covered by the judgment
160
property of the person against whom it was rendered, and if sufficient personal
property cannot be found, then out of the real property; and
e) In all cases, the writ of execution shall specifically state the amount of the interest,
costs, damages, rents, or profits due as of the date of the issuance of the writ, aside
from the principal obligation under the judgment. For this purpose, the motion for
execution shall specify the amounts of the foregoing reliefs sought by the movants
a r
B
What are the grounds to quash the writ of execution?
es
l
1. When the writ of execution varies the judgment;
o b
2. When there has been a change in the situation of the parties making the execution
inequitable or unjust;
R
3. When execution is sought to be enforced against a property exempt from execution;
an r
4. When it appears that the controversy has never been submitted to the judgment of the
court;
B a
Ch
5. When the terms of the judgment are not clear enough and there remains room for
interpretation thereof;
e s
l
6. When it appears that the writ of execution has been improvidently issued
7. When it appears that the writ of b
the wrong party, or that theo
execution is defective in substance, or is issued against
R (Reburiano v. CA, 301 SCRA 342).

judgment debt has been paid or otherwise satisfied or the
an r
writ is issued without authority.
B a
Ch for money (Rule 39, Sec. 9)es
c. Execution of judgments
Three ways to enforce a judgment for money:

b l
Ro
1. Immediate payment on demand
n rif not
2. Satisfaction by levy
a a
BThe sheriff
h
Note: The judgment obligor shall have discretion to choose which property to levy;
C
exercised, the officer shall levy first
s
on personal property, then on real property.
e
l
shall only sell property sufficient to satisfy the judgment and other lawful fees.
3. Garnishment of debts and credits.

o b
In executing a judgment for money, what steps shall the sheriff
R follow?
1. Immediate payment on demand. The officer shall n

a including
demand from the obligor the
a r
certified check payable to the judgment obligee or anyh other form of payment acceptable to him; B
immediate payment of the full amount stated in the judgment the lawful fees in cash,
C
2.. Satisfaction by levy. If the judgment obligor cannot pay all or part of the obligationein
s
cash, certified check or other mode of payment, the officer shall levy upon the properties l
b of the
othe officer
judgment obligor. The judgment obligor shall have the option to choose which property or part
thereof may be levied upon. If the judgment obligor does not exercise the option,
R
a nshall sell only so
shall first levy on the personal properties, if any, and then on the real properties if the personal
properties are insufficient to answer for the personal judgment but the sheriff
Ch
much of the property that is sufficient to satisfy the judgment and lawful fees;
161
3. Garnishment of debts and credits.. The officer may levy on the debts due the judgment
debtor including bank deposits, financial interests, royalties, commissions and other personal
property not capable of manual delivery in the possession or con troll of third parties. This is
called garnishment.
What is levy?
a r
Levy is the act whereby a sheriff sets apart or appropriates for the purpose of satisfying the
command of the writ, a part or whole of the judgment debtor’s property.
B
e s
Levy is the seizure ofl
Levy and Garnishment
b property, personal and/or real, belonging to the judgment debtor for

othe garnishee to retain and attach the property he has in his possession
subsequent execution sale to satisfy judgment. Garnishment is the process of notifying a
R
third person called
nthe same, and to dispose of the samear
or under his control belonging to the judgment debtor, to make disclosure to the court
a B
concerning as the court shall direct to satisfy the
C h
judgment. (Rule 39, Sec. 9.)
s
l e
Rulings on Levy
1. A valid levy is essential too
b
notice of levy of real propertyR
the validity of an execution sale, and levy is invalid if the
n r
is not filed with the office of the register of deeds, the purpose
a a
of which is to notify third parties who may be affected in their dealings with respect to such
h upon execution is occupied by a party otherB

property. (Valenzuela v. De Aguilar, No. L-18083-84, May 31, 1963, 8 SCRA 212) Where a
C s nature of said adverse

parcel of land levied than a judgment debtor, the
possession. (Guevara v. Ramos, No. L-24358, March 31, e

procedure is for the court to order a hearing to determine the
2. To effect a levy upon real property, the sheriff isb

l 1971, 38 SCRA 194.)
o and description of the attached property

required to do two specific things:
R
(a) file with the register of deeds, a copy of the order
n Corporation v. Court of Appeals, No.aL-78012,
and notice of attachment; and (b) leave with the occupant of the property a copy of the same
a r
B with the
order, description and notice. (Delta Motors
November 29, 1988, 168 SCRA 206.)
3. Notice to the owner who C
h s
statute. (Philippine Surety and Insurance Co., Inc. v. Zabal, No. L-21556,e
is not the occupant does not constitute compliance
b l October 31, 1967,
o
21 SCRA 682.
R
1 The garnishment of property to satisfy a writ of a
Rulings on Garnishment
n a r
h legis,is brought under the jurisdiction of B
execution operates as an attachment
C under the sole control of suchs

and fastens upon the property a lien by which the property
court. (De Leon v. Salvador, No. L-30871, December 28, 1970, 35 SCRA 567.) It islalso
the court issuing the writ. It is brought into custodia
e
known as attachment execution.
o b
2 Money judgments are enforceable only against property unquestionably belonging to
Rdebts, as the
the judgment debtor. One man’s goods shall not be sold for another man’s
saying goes. (Ong v. Tating, No. L-61042, April 15, 1987, 149 SCRA 265.)
a n
C h
162
3 The prohibition against examination or an inquiry into a bank deposit under Rep. Act No.
1405 does not preclude its being garnished to insure satisfaction of judgment. (China
Banking Corporation v. Ortega, No. L-34964, January 31, 1973, 49 SCRA 355.)
4. Government-owned-and-controlled corporations have a personality of their own,
separate and distinct from the government; their funds, therefore, although considered to be
r
public in character, are not exempt from garnishment. (Philippine National Bank v. Pabalan,
a
No. L-33112, June 15, 1978, 83 SCRA 595.)
B
5.. All government funds deposited in an official depositary of the Philippine Government by
es
any of its agencies or instrumentalities, whether by general or special deposit, remain
l
government funds. Hence, they may not be subject to garnishment or levy, in the absence of
o b
corresponding appropriation as required by law (City of Naga vs. Asuncion, G.R. No.
174042, July 9, 2008, citing City of Caloocan v. Allarde, G.R. No. 107271, September 10,
R
2003, 410 SCRA 432, 439).
an B ar
Ch
d. Execution of judgments for specific acts (Rule 39, Sec. 10)
e s
b l
What are the steps in executing a judgment for specific acts?
R o
1. Conveyance, delivery of deeds, or other specific acts vesting title. If a party fails to
comply with the time specified, the court may direct the act to be done at the cost of the
disobedient party.
areal a r describing it, and
n property. The officer shall sell such property,
apply the proceeds in h
2. Sale of personal or
B
3. Delivery orC restitution of real properties. The officer s
conformity with the judgment.
l e and restore possession to the

shall demand the losing party to
b of execution.
peaceably vacate the property within three working days,
o
judgment oblige; otherwise the officer shall oust such disobedient party.
Rupon special order of the court.

4. Removal of improvements on property subject The officer shall not
5. Delivery of personal property. Then r and

destroy, demolish or remove improvements except
a a
officer shall take possession of the same
B
C h
forthwith deliver it to the party entitled to satisfy any judgment for money as therein provided
s
l e
e. Execution of special judgments (Rule 39, Sec. 11)
o b
R
because of his personal qualifications or circumstances. a n
SPECIAL JUDGMENT is one which can only be complied with by the judgment obligor
a r
B
Requires the performance of any act other than payment
Ch of money, or the sale or deliveryeofs
l by
real or personal property.
Failure to comply with special judgment under Section 11 is punishable by contempt
b
Ro
imprisonment. (Rule 39, Sec. 11)
f. Effect of levy on third persons (Rule 39, Sec. 12) an

Ch
163
It creates a lien in favor of the judgment obligee over the right, title and interest of the
judgment obligor in such property at the time of the levy, subject to liens and encumbrances
then existing (Rule 39, Sec. 12).
4. Properties exempt from execution (Rule 39, Sec. 13)

. Properties exempt from execution.
a r
B
es
l
Except as otherwise expressly provided by law, the following properties, and no other, shall be
b
exempt from execution;
o
Rjudgment obligor's family home as provided by law,
n r
(1) The or the homestead in which
a(2) Ordinary tools and implements personally aused by him in hs trade, employment, or
he resides, and land necessarily used in connection
B
therewith;
h
C (3) Three s
horses, or three cows, ore
livelihood;
b lselect necessarily used by him in his ordinary

three carabaos, or other beasts of burden such as
Roand articles for ordinary personal use, excluding jewelry;

the judgment obligor may
occupation;
n and utensils necessary for housekeeping,

(4) His necessary clothing
a a r and used for that

purpose h by the judgment obligor and his family, suchB
(5) Household furniture
C s pesos;
as the judgment obligor may
e
select, of a value not exceeding one hundred thousand
l for four months;
b
(6) Provisions for individual or family use sufficient
R o clergymen, teachers, and other

(7) The professional libraries and equipment of judges, lawyers, physicians,
pharmacists, dentists, engineers, surveyors,
professionals, not exceeding three hundred thousand pesos in value;
a r
n not exceeding the total value of oneahundred
h a fisherman and by the lawful use of whichB
(8) One fishing boat and accessories
thousand pesos owned by
livelihood; C s he earns his
e obligor of his
(9) So much of the salaries, wages, or earnings of the judgment l
b as are necessary for
the support of his family;
R o
personal services within the four months preceding the levy
a or in any manner growing out of Bar

n
(10) Lettered gravestones;
any life insurance;

C h
(11) Monies benefits, privileges, or annuities accruing
s
(12) The right to receive legal support, or money or property obtained as such
l e
support, or any pension or gratuity from the Government;
b
Ro
(13) Properties specially exempt by law.
an
Ch
164
But no article or species of property mentioned in his section shall be exempt from executio
issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage
thereon.
5. Proceedings where property is claimed by third persons (Rule 39, Sec. 16)
a r
B by a third person?
s
What are the requisites for a claim
l e
2. The claimant is ab
1. The property is levied.
R o or “third person” is any person other than the judgment debtor or his
person other than the judgment obligor or his agent;
Note: A “stranger”
n
a property involved in the action and which
a r he himself claims to belong to him
agent. A party to the auction has “no business filing a third party claim over
h B
(Tillson vs. CA, 197 SCRA 587 [1991]). The mere filing of a terceria, or an
C s
affidavit stating complainant Go’s alleged title, under Sec. 16, Rule 39, or a
eare notdoes
l
motion to quash the writ of execution not stay the auction sale scheduled
b 39. Hence, they have no requisite standing to file a

by the sheriff. Complainants “strangers” or “third persons” within the
terceria, much less o

meaning of Sec. 16, Rule
R before the RTC of Pasay City (Go vs. Abrogar, 398

a separate complaint to annul the execution sale which they
3. Makes an affidavita
n
inopportunely instituted
SCRA 166 [2003]).
a r thereof stating
Bofficer making the levy and
Chright
[terceria]; of his title thereto or right to the possession
the grounds of such or title, and serves the same upon the
e s
l
the judgment obligee (Rule 39, Sec 16).
o b
R is served upon the officer making
What is the duty of the officer if the property sought to be levied on is claimed by another
person and proper proof of ownership or possession
a n a r
Bobligee, on
levy?
C h s
demand of the officer, files a bond approved by the court to indemnify the e
l
The officer shall not be bound to keep the property, unless such judgment
b bond]. In case of
third-party claimant
disagreement as to such value, the same shall be determined by o

in a sum not less than the value of the property levied on [Indemnity
execution. No claim for damages for the taking or keeping ofR

the court issuing the writ of
an r
the property may be enforced
a
against the bond unless the action therefor is filed within one hundred twenty (120) days from
hthe Republic of the Philippines, or anys B

the date of the filing of the bond.
When the writ of execution is issued in favor of
C ethe
l
officer duly representing it, the filing of such bond shall not be required, and in case the sheriff
Solicitor General and if held liable therefor, the actual damages adjudged by the courtb
or levying officer is sued for damages as a result of the levy, he shall be represented by
paid by the National Treasurer out of such funds as may be appropriated for the purpose.
R o shall be
a n
The officer shall not be liable for damages for the taking or keeping of the property, to any
third-party claimant if such bond is filed (Rule 39, Sec. 16).
C h
165
Remedy of third party claimant; remedy of judgment obligee

1. The third party claimant may vindicate his claim to the property in a separate action,
2. The judgment obligee may claim damages in the same or a separate action against a
third-party claimant who filed a frivolous or plainly spurious claim.
a r
What is the remedy from the denial of a third-party claim?
B
s
The third-party claimant is not obligated to file an action for damages against the sheriff in case an
l e
indemnity bond was filed by the judgment creditor. The third-party claimant may file a separate and
independent action to establish ownership to the property levied upon by the sheriff. In that action,
o b
he may secure an injunction to restrain the sale of the attached property. (Arabay, Inc. vs. Salvador,
G.R. No. L-31077 March 17, 1978).
R
an r
Neither an appeal nor a petition for certiorari is the proper remedy from the denial of a third-
B a
party claim. Since the third-party claimant is not one of the parties to the action, he could not,
Ch
strictly speaking, appeal from the order denying its claim, but should file a separate
e s
reinvindicatory action against the execution creditor or a complaint for damages against the
bl
bond filed by the judgment creditor in favor of the sheriff. The rights of a third-party claimant
should be decided in a separate action to be instituted by the third person. (Solidum vs. CA,
G.R. No. 161647, June 22, 2006)
R o
an a r
Money judgments are enforceable only against the property incontrovertibly belonging to
B
Ch
the judgment debtor, and if the property belonging to any third person is mistakenly levied
s
upon to answer for another man’s indebtedness, such person has all the right to challenge the
e
levy through any of the remedies provided for under the Rules of Court. Section 16, Rule 39
l
b
specifically provides that a third person may avail himself of the remedies of either terceria, to
o
determine whether the sheriff has rightly or wrongly taken hold of the property not belonging to
R
the judgment debtor or obligor, or an independent "separate action" to vindicate his claim of
an r
ownership and/or possession over the foreclosed property.
Before the court can exercise its supervisory power to direct the release of the property
B a
Ch
mistakenly levied and the restoration thereof to its rightful owner, the claimant must first
s
unmistakably establish his ownership or right of possession thereon. [A] third person whose
e
l
property was seized by a sheriff to answer for the obligation of the judgment debtor may
o b
invoke the supervisory power of the court which authorized such execution. Upon due
application by the third person and after summary hearing, the court may command that
R
the property be released from the mistaken levy and restored to the rightful owner or
an r
possessor. What said court can do in these instances, however, is limited to a determination of
whether the sheriff has acted rightly or wrongly in the performance of his duties in the execution
Ba
Ch
of judgment, more specifically, if he has indeed taken hold of property not belonging to the
judgment debtor. The court does not and cannot pass upon the question of title to the property,
e s
l
with any character of finality. (Villasi vs. Garcia, G.R. No. 190106, January 15, 2014)
o b
a. in relation to third party claim in attachment and replevin
R
an
In case of a third party claim in attachment (Rule 57, Sec. 14) and replevin (Rule 60, Sec. 7),
the third party claimant MAY STILL INTERVENE because there is still no judgment. That is why
Ch
said provisions state that the third party claimant may vindicate his claim to the property in the
same or separate action.
166
The timing of the filing of the third party claim is important because the timing
determines the remedies that a third party is allowed to file. A third party claimant under
Section 16 of Rule 39 may vindicate his claim to the property in a separate action, because
r
intervention is no longer allowed as judgment has already been rendered. A third party
a
claimant under Section 14 of Rule 57, on the other hand, may vindicate his claim to the property
B
by intervention because he has a legal interest in the matter in litigation. (Fort Bonifacio
s
Development Corporation vs. Yllas Lending Corporation., G.R. No. 158997, October 6, 2008)
e
b
6. Rules on Redemption l
R o
What is the right of redemption?
an r
The right of a judgment debtor or redemptioner to buy back from the purchaser of the
a
property sold at public auction by virtue of a writ of execution at anytime within the reglementary
B
Ch s
period.
l e
b
Who may redeem?
o
a. Judgment obligor or his successor in interest
R
b. Creditor who is a redemptioner (Rule 39, Sec. 27)
an a r
What is the time and manner of successive redemptions? (Rule 39, Sec. 28)
B
Ch
a. Judgment debtor (or his successor in interest), if
e s
exercising redemption ahead of mere redemptioner –
b l
within 1 year from date of registration of sheriff’s
R o
certificate of sale (with Register of Deeds)
an r
b. Redemptioner exercising redemption ahead of
judgment debtor (or his successor in interest) –
B a
Ch
within 1 year from date of registration of certificate
of sale
es
c. Redemptioner redeeming from another redemptioner –
within 60 days after the last redemption
b l
R o
Deed and possession after expiration of redemption period
a n a r
When is the purchaser entitled to possession and
C hconveyance of the property sold ons B
execution?
eis
made within one (1) year from the date of the registration of the certificate of sale (Rule 39,lSec.
b
The purchaser is entitled to possession and conveyance of the property if no redemption
33).
Purchaser or last redemptioner is entitled to:
R o
n
a new title in his
a. execution of final deed of sale by the sheriff – to enable purchaser or last redemptioner to
Ch
consolidate his title to the property and to issuance by the register of deeds of
name.
167
b. physical possession of the property by means of a writ of possession against the judgment
obligor or his successor or interest or against any person who occupied the land after filing of
the case in which judgment was rendered and writ of execution was issued.
7. Examination of Judgment Obligor When Judgment is unsatisfied
a r
Upon return of the writ of execution, and judgment is still unsatisfied, the creditor may ask
B
the court to require the debtor to appear and his property or income be examined.
es
Limitation
b l
R o
No judgment obligor shall be required to appear before a court or commissioner outside the
an r
province or city in which such obligor resides or is found. (Rule 39, Sec. 36)
8. Examination of Obligor of Judgment Obligor a
B or corporation who has property of the
C h s
debtor, or is indebted to the debtor in order e
The court may order to be examined any person
b l to bind the credits due to the debtor.(Rule 39, Sec.
o
37).
Satisfaction of judgment R
Rule 39, Sec. 44. Entryn r — Satisfaction of a
a a
Band in the execution book,
of satisfaction of judgment by clerk of court.
upon the RETURN ofh

judgment shall be entered by the clerk of court in the court docket,
C to the satisfaction of the judgment e sexecuted and acknowledged in
a writ of execution showing the full satisfaction of the judgment or upon
the FILING of an admission
unless a revocation of his authority is filed, or upon theb

the same manner as a conveyance of real property by the ljudgment obligee or by his counsel
R
judgment obligee or his counsel on the face of the recordo of the judgment.
endorsement of such admission by the
is satisfied in fact, or otherwise than upona

Rule 39, Sec. 45. Entry of satisfaction withn or without admission. — Whenever aajudgmentr the
judgment obligee or his counsel musth execute and acknowledge, or indorse, an B
an execution, on demand of the judgment obligor,
the satisfaction as provided in theC last preceding section, and after notice and s
admission of
court may order either the judgment obligee or his counsel to do so, or may
l eorder the entry of
upon motion the
satisfaction to be made without such admission.

o b
R
a n a r
B
Ch
9. Effect of Judgments or Final Orders (Rule 39, Sec. 47)
e s
Against a Specific Thing
b l
It is conclusive as to the title of the thing
R o
a n
h
In a Probate of a Will or Administration of the Estate of a Deceased Person
168
It is conclusive upon the will or administration but the probate of the will or the granting of letters
of administration shall only be prima facie evidence of the death of the testator
In Respect to the Personal, Political, or Legal Condition or Status of a Particular Person
r
It will be conclusive as to the condition, status, or relationship of such person
BAR BY PRIOR JUDGMENT – In B

a
s any other matter that could have been raised in relation
other cases, the judgment or final order is, with respect to the
thereto, conclusive betweenethe parties and their successors in interest by title subsequent to
matter directly adjudged or as to
the commencement of thelaction or special proceeding, litigating for the same thing and under
o b
the same title and in the same capacity;
R
n
a or decree of a court of competent jurisdictiona r concludes the litigation between the
partiesh
The judgment
B action or suit involving the same cause of
C s
and their successors or privies and bars a new
e
l
action
CONCLUSIVENESS OF JUDGMENT –b
successors in interest, that only is o
In any other litigation between the same parties or their
final order which appears uponR

deemed to have been adjudged in a former judgment or
n r
its face to have been so adjudged, or which was actually and
necessarily included therein
a or necessary thereto.
B a
C h s
l e
Any right, fact or matter in issue which has been directly adjudicated upon or is necessarily
o b
involved in the determination of the action by a competent court is conclusively settled by the
judgment or final order and CANNOT be litigated again by the parties and their privies.
R
a n a r
h
10. Enforcement and Effect of Foreign Judgments or Final Orders B
(Rule 39, Sec. 48) C e s
b l
Enforcement
o
Ris presumed to be valid and
By filing an action based on said judgment; the foreign judgment
binding.
a n a r
h B
C e s
l
Effect:
1. Against a specific thing - conclusive upon title to the thing.
o b
R
2. Against a person - presumptive evidence of a right as between the parties and their
n
successors in interest by a subsequent title.
a
In BOTH instances, the judgment may be repelled by evidence of want of jurisdiction, notice,
collusion, fraud, or clear mistake of law or fact.
C h
169
Under the above Rule, a foreign judgment or order against a person is merely presumptive
evidence of a right as between the parties. It may be repelled, among others, by want of
jurisdiction of the issuing authority or by want of notice to the party against whom it is enforced.
The party attacking a foreign judgment has the burden of overcoming the presumption of
its validity. Respondent, in assailing the validity of the judgment sought to be enforced,
a r
contends that the service of summons is void and that the Singapore court did not acquire
jurisdiction over it. . . . In the Philippines, jurisdiction over a party is acquired by service of
B
summons by the sheriff, his deputy or other proper court officer either personally by handing a
es
copy thereof to the defendant or by substituted service. in this case, the Writ of Summons issued
l
by the Singapore High Court was served upon respondent at its office located at Mercure Hotel
b
o
(formerly Village Hotel), MIA Road, Pasay City. The Sheriff's Return shows that it was received
R
on May 2, 1998 by Joyce T. Austria, Secretary of the General Manager of respondent company.
an r
But respondent completely ignored the summons, hence, it was declared in default. Considering
a
that the Writ of Summons was served upon respondent in accordance with our Rules,
B
Ch
jurisdiction was acquired by the Singapore High Court over its person. Clearly, the judgment of
e s
default rendered by that court against respondent is valid. (St. Aviation Services Co., Pte.,
l
Ltd., vs. Grand International Airways, Inc., G.R. No. 140288, October 23, 2006)
b
R
How is a foreign judgment enforced?
o
Foreign arbitral awards mayn rso Dispute
a befirstenforced a
under RA 9285 or the Alternative
B
Resolution
Ch as final and executory judgmentsesof Philippine Courts

Act of2004. The award must be confirmed by the RTC and when confirmed shall be
enforced in the same manner
b l
Ro
R. Provisional Remedies
PROVISIONAL REMEDIES UNDER THE RULES

a n OF COURT: a r
h B
b. Preliminary Injunction (Rule 58)C s
a. Attachment (Rule 57)
l e
c. Receivership (Rule 59)
o b
d. Replevin or delivery of private property (Rule 60)
R
e. Support Pendente Lite (Rule 61)
a n a r
B
Ch
f. Criminal Cases (Rule 127 – in connection with the civil action deemed instituted with the
criminal action)
e s
b l
OTHER PROVISIONAL REMEDIES
o
R and their
n
a. Temporary Protection Order [TPO] (RA 9262, Anti-Violence Against Women
a
Children; Rule on the Writ of Amparo)
h
b. Witness Protection Order [WPO] (RA 6981; Rule on the Writ of Amparo)
170
c. Inspection Order [IO] (AM 07-9-12, Rule on the Writ of Amparo)

d. Production Order [PO] (AM 07-9-12, Rule on the Writ of Amparo)
e. Administration of Common Property (AM 02-11-12, Rule on Provisional Orders)
f. Inspection, Examination of Accounts and Freeze Order (RA 9372, Human Security Act)
r
g. Freeze Order under RA 9160 as amended by RA 9194 (Anti-Money Laundering Act)
a
B
h. Seizure and Sequestration of Accounts and Assets (RA 9372, Human Security Act)
i.
s
Restriction of Travel (RA 9372, Human Security Act)
e
j.
l
Stay Order (AM 00-8-10, Rules of Procedure on Corporate Rehabilitation)
b
o
k. Hold Departure Order (Criminal cases under Circular 39-97 and Family cases under AM 02-
R
11-12)
an r
l. Temporary visitation rights (AM 02-11-12, Rule on Provisional Orders)
B a
h
m. Guardian Ad Litem of Child (AM 02-1-19, Rule on Involuntary Commitment of Children)
C
n. Temporary
s
eRule on Provisional Orders)
Custody of Child (AM 02-1-19 and AM 02-11-12)
b
o. Spousal and Child Support (AM 02-11-12,
l
COMMON REQUIREMENTS R
o
a. Affidavits are requiredaton a rexcept injunction and
B
support the issuance of these remedies,
receivership.
b. A bond is also C
h
required to answer for damages by reason ofsthe improvident issuance of the
l e lite, inspection of accounts and
freeze order (Human Security Act), inspection and b
writ. Exceptions: temporary restraining order, support pendente
o
production orders (rule on the writ of
Rby order
amparo), seizure and sequestration of accounts and assets (Human Security Act), restriction of
n r
travel (Human Security Act) and hold departure (Circular 39-97 and AM 02-11-12).
a a
Recovery of damages from the bond is governed Rule 57, Section 20.
h B
C e s
l
1. Nature of provisional remedies
o b available to a litigant
for the protection of his rights while the main action is R
Provisional remedies are temporary, auxiliary and ancillary remedies
an r
pending. They are writs and
a
processes which are not main actions and they presuppose the existence of a main action.
h
They are provisional because they constitute temporary measures availed of during thes
B
C
pendency of the action. They are ancillary because they are mere incidents in and e
dependent upon the result of the main action. (Regalado 2008 ed.)
b l are
R o
When to apply and in what principal actions available:
a n
C h
171
1. Preliminary Attachment (Rule 57) – at the COMMENCEMENT of the action or at any

time before entry of judgment
a. Recovery of a liquidated sum of money
b. Recovery of possession of property unjustly or fraudulently taken, detained or
converted
a r
B
2. Preliminary Injunction (Rule 58) - at ANY STAGE of the action prior to the judgment or
final order
es
l
a Action for injunction, whether or not coupled with other prayers
b
o
b Forcible entry and unlawful detainer
R
an ar
3. Receivership (Rule 59) – at ANY STAGE of the proceedings and even up to the stage
B
Ch
after the judgment has become final and executory as a means of enforcing the
judgment
e s
a. Receivership action
b. Real action involving title tob
l
o
or possession of realty
R
c. Foreclosure of mortgage
an a r
d. Dissolution of corporation
h
4. Replevin (Rule 60) - at the COMMENCEMENT of the s
B
C e
action OR at ANY TIME before
answer
a. Recovery of possession of personal propertyb
l
R
b. Recovery of personal property subject of ochattel mortgage as a preliminary step to
an r
extrajudicial foreclosure
B a
5. Support Pendente Lite (Rule h
Cprior to the judgment or final order e s
61) – at the COMMENCEMENT of the proper action or
proceeding, or at ANY TIME
b lof action.
Ro of the offspring as a
a. Support, whether as the main case or as one of several causes
b. Criminal actions where the civil liability includes support
an r
consequence of the crime (rape, seduction).
Ba
2. Jurisdiction over provisional remedies
Ch e s
l
bin action
over the main action. Even a municipal trial court may grant a provisonal remedy o
The court which grants or issues a provisional remedy is the court which has jurisdiction
Ris forancillary
n
pending with it and within its jurisdiction. Exs. writ of preliminary mandatory action, to
provisional remedy of support pendente lite may not be granted by aamunicipal trial court
the main action of ejectment (Rule 70, Sec. 15). But where the main action support,
because the main action is within the jurisdiction of the family court. h
C
172
3. Preliminary Attachment
Preliminary attachment defined -

a. a provisional remedy
a r
B
b. issued upon order of the court where the action is pending,
s
c. to be levied upon the property of the defendant therein,
d.
l e
the same to be held thereafter by the sheriff
b
e. as SECURITY for the satisfaction of a judgment in said action
f.
o
in favor of the attaching creditor against the defendant.
R
(Virata vs. Aquino, September 10, 1973)
an B a r
h
Ancillary to principal proceeding -
Cno longer be satisfied.

The
e s
attachment must fail if the suit itself cannot be maintained as the purpose of the writ
can
l
When the main action is appealedbthe attachment is also considered appealed, It cannot
o
Rissued ex parte
be the subject of an independent action (Olib vs. Pastoral, 188 SCRA 692 [1990]).
n
Writ of attachment may be
a may be issued either ex parte or upon a

r
h is pending, or by the Court of Appeals B
An order of attachment notice and hearing by the
C s
court in which the action or Supreme Court (Rule 57,
Sec. 2).
e
l adverse party would defeat the
purpose of attachment and enable the adverse party b
It may be issued ex parte because to require notice to the
Ro
to abscond or dispose of the property
before the issuance of the writ (Mindanao Savings and Loan Association, Inc. vs. CA, 172
 Several writs may be issued atn r of

SCRA 480).
a B a
the same time to the sheriffs of the courts
different judicial regions.
C h s
l e
Attachment and garnishment distinguished
o bto his claim property of

the defendant in the hands of a third person or money owed byR
Garnishment is an attachment by which the plaintiff seeks to subject
n r
such third person or garnishee
aGarnishment a
to the defendant. The rules on attachment also apply to garnishment proceedings.
Attachment
C h Property is in the possession of a s B

Property is usually in the possession
l e
Subject is personal property,b
of the party litigant. third party
Ro
Subject is real or personal property
an
usually debts or security
Ch
173
(1) Preliminary (2) Garnishment (3) Levy on

Attachment Execution
Issued at the It is a kind of attachment in Writ issued by the
r
commencement of which the plaintiff seeks to court after judgment
a
the action or at subject either the property of the by which the property
B
anytime before entry defendant in the hands of the of the judgment
s
of the judgment as third person called the obligor is taken into
security for
l ethe
satisfaction of any
garnishee, to his claim or the
money in which said third
the custody of the
court before the sale
o b
judgment that may
be recovered in the
person owes the defendant.
Garnishment simply impounds
of the property on
execution for the
R
cases provided for the property in the possession of satisfaction of a final
an ar
by the rules. Here the garnishee and maintains the judgment. It is a
B
the court takes status quo until the main action preliminary step to the
Ch s
custody of the is finally decided. Further, by sale on execution of
e
property of the party means of garnishment, the the property of the
against whom the
attachment is
bl
plaintiff reaches credits
belonging to the defendant and
judgment debtor
directed.
R o
owing to him from a third person
who is a stranger to the
an r
litigation.
Ba
Ch e s
b l
R o
an a r
Garnishment of bank deposits does not violate the bank secrecy law (RA 1405) - because
B
Ch
it does not involve examination or inquiry into the deposit, but is merely to inform the court
whether defendant has a deposit in the bank which may be garnished.
es
b l
When garnishment order lifted. – A garnishment order shall be lifted if it is established that:
R o
(a) the party whose accounts have been garnished has posted a counterbond or has made
an r
the requisite cash deposit; (b) the order was improperly or irregularly issued as where there is
a
no ground for garnishment or the affidavit and/or bond filed therefor are defective or
B
Ch
insufficient; (c) the property attached is exempt from execution, hence exempt from preliminary
s
attachment; or (d) the judgment is rendered against the attaching or garnishing creditor.
l e
Discharge of attachment
o b
R
an
1. Posting of counterbond (Sec. 12). Even before actual levy, seizure may be prevented also
under a counterbond (Sec. 5).
Ch
2. Showing of improper or irregular issuance (Sec. 13).
174
3. Judgment rendered against attaching party – dismissal of principal action (Sec. 19).
a. Grounds for issuance of writ of attachment
r
Grounds for issuance (Rule 57, Sec. 1)
a
B
1. Action for recovery of specified amount
es
2. Action involving embezzled property
l
b
3. Action to recover property fraudulently taken
R o
4. Action involving fraud in contracting or performing obligation
5. Action against party who has removed or disposed of property to defraud creditors
a
6. Actionn against non-resident defendant
a r
h B
b.C e s
Requisites
Attachment bond (Rule 57, Sec.3)b
l
Rinoaccordance
An attachment bond is a pre-requisite to the issuance of a writ of attachment. Until the
when the PREMIUM IS NOTn r

attachment is discharged or lifted with law, the bond continues to be valid even
a PAID
.
B a
C h s
c. Issuance and contents of order of attachment; affidavit
l e and bond
(Rule 57, Sec. 2) The order of attachment
o b
Rof Appeals or the Supreme Court.
 may be issued either ex parte or upon motion with notice and hearing by the court in
n
which the action is pending, or by the Court
a a r
of the party against whom it is h
 must require the sheriff of the court
Bsufficient to
to attach so much of the property in the Philippines
C s
issued, not exempt from execution, as may be
e
EXCEPT if such party makes a DEPOSIT or gives a BOND in anlamount equal to that
satisfy the applicant's demand,
o b demand or (b)
fixed in the order. Amount may be (a) sufficient to satisfy the applicant's
R exclusive of costs.
the value of the property to be attached as stated by the applicant,
an that during the course of the Bar

hearing, the part against whom the writ is sought may h
Ex parte grant of the writ is allowed because it is possible
CRelova, e
dispose of his property or abscond before
s
l
the writ is issued. (Filinvest Credit Corporation vs. G.R. No. L-50378, September 30,
1982)
Affidavit and Bond (Rule 57, Secs. 3 and 4)
o b
R
n
1. The AFFIDAVIT to be executed by the applicant himself or some other person who
personally knows the facts must show that:
a
Sec. 1
C h
a) There is a sufficient cause of action. The case is one of those mentioned in Rule 57,
175
b) There is no sufficient security for the claim sought to be enforced; and

c) The amount claimed in the action is as much as the sum for which the order is granted
above all legal counterclaims;
2. The BOND must be executed to the adverse party in an amount fixed by the judge, not
exceeding the applicant’s claim, conditioned that the latter will pay the costs which may be
adjudged to the adverse party and all damages which he may sustain by reason of the
r
attachment, if the court shall finally adjudge that the applicant was not entitled thereto.
a
B
es
d. Rule on prior or contemporaneous service of summons
b l
Prior or contemporaneous service of summons required
R o
An ORDER of attachment may be granted ex parte. Its grant or denial rests upon the sound
discretion of the court.
an ar
However, its ENFORCEMENT shall be preceded or contemporaneously accompanied by
B
Ch
service of summons and copy of the complaint, order of attachment and bond posted by the
s
applicant (Davao Light and Power Co., Inc. vs. CA, 204 SCRA 343 [1991]).
e
bl
o
EXCEPTIONS TO PRIOR OR CONTEMPORANEOUS SERVICE OF SUMMONS (Rule 57, Sec. 5)
R
1. Summons could not be served personally or by substituted service despite diligent efforts;
n
a of the Philippines; or a r
2. Defendant is a resident of the Philippines temporarily absent therefrom;
B
Ch
3. Defendant is a non-resident
4. The action is in rem or quasi in rem.
e s
b l
e. Manner of attaching real and personal o property; when property attached is
R
The sheriff enforcing the writ shall without attach only so much of the propertyr
n
claimed by third person
a of the
a as may be sufficient to satisfy theBapplicant's
C h
adverse party not exempt from execution,
s
e
demand,
UNLESS the adverse party
b l
R o
(a) makes a DEPOSIT with the court from which the writ is issued, or
(b) gives a COUNTERBOND executed to the applicant, in an amount equal to the bond
an a r
fixed by the court in the order of attachment or to the value of the property to be attached,
No levy on attachment pursuant to the writ h issued under section 2 hereof shall be B
exclusive of costs.
C e s
lwithin
enforced unless it is preceded, or contemporaneously accompanied, by service of
b
summons, together with a copy of the complaint, the application for attachment, the
Ro
applicant's affidavit and bond, and the order and writ of attachment, on the defendant
the Philippines.
The rule on prior or contemporaneous service of summons shall a

n
Ch
apply, subject to the
exceptions enumerated earlier. (Rule 57, Section 5)
176
Rule 57, Sec. 7. Attachment of real and personal property; recording thereof.
The sheriff executing the writ shall attach real and personal property in the following manner:
a r
1. Real property, growing crops, or any other interest therein
a) By filing with the registry of deeds a copy of the order, together with a description of the
B
property attached and a notice that it is attached, or that such real property and any
es
interest therein held by or standing in the name of such other person are attached; and
l
b) By leaving a copy of such order, description, and notice with the occupant of the
b
property, if any, or with such other person or his agent if found within the province.
o
Rand safely
n r issuing the corresponding receipt
2. Personal property capable of manual delivery
a
a) By taking
a
keeping it in his custody, after
B
h
therefor
C s
e and shares, of any corporation or company
a) By leaving with the president orb
l
3. Stocks or shares, or an interest in stocks
o of the party against whom the attachment is issued, is

managing agent thereof, a copy of the writ, and a notice
attached pursuant to the R

stating that the stock or interest
n r
writ
a a
B royalties, commissions,
C
4. Debts and credits, h sin his possession or under his
including bank deposits, financial interest,
and other personal property not capable of manual
control, such credits or other personal property, or l

a) By leaving with the person owing such debts, or having e
delivery
o b with his agent, a copy of the writ, and

notice that the debts owing by him to the party against whom the attachment is issued,
R
and the credits and other personal property in his possession, or under his control,
an a r
belonging to said party, are attached in pursuance of such writ
5. The interest of the party againsth

B
C as heir, legatee, or devisee e s
whom attachment is issued in property belonging to
the estate of the decedent, whether
b
a) By serving the executor or administrator or other personal representativel of the
obe filed in the office of the

decedent with a copy of the writ and notice, that said interest is attached
clerk of the court in which said estate is being settled andR

b) A copy of said writ of attachment and of said notice shall also
an r
served upon the heir, legatee,
or devisee concerned.
Ba
C h s
6. If the property sought to be attached is in custodia legis
l e
a) A copy of the writ of attachment shall be filed with the proper court or quasi-judicial
agency, and notice of the attachment served upon the custodian of such property.
o b
Attachment of Debts, Credits, Similar Personal Property (Garnisment) n
R
a
C h
177
Those who have in their possession or control any credits or other similar personal property
which belongs to the party against whom the attachment is issued, or owing any debts to him,
shall be liable to the applicant for the amount of such credits, debts or other similar property.
Such liability shall accrue from the time of service upon him of the copy of the writ of
a r
attachment and until the attachment is discharged, or any judgment recovered by him is
satisfied, unless such property is delivered or transferred, or such debts are paid, to the clerk,
B
sheriff, or other proper officer of the court issuing the attachment. (Rule 57, Section 8)
e s
b
It is not necessary to servel summons upon the garnishee to acquire jurisdiction upon him. All
R o
that is required is service upon him of the writ of garnishment.
an attached is claimed by a third person

When property
B a r
C h s
e
Rules regarding terceria (third party claims) – Rule 57, Sec. 14
l
o bwas levied on must make an
 AFFIDAVIT of his titleR
 The third person whose property
n r
thereto, or right to the possession thereof,
a of such right or title, and a
haffidavit upon the sheriff while the lattershasBpossession of the attached
 stating the grounds
 serves such
C e
property and a copy thereof upon the attaching party
b l
o
The sheriff shall not be bound to keep the property as a general rule.
R
sheriff, files a BOND approved bya
n
 The sheriff is bound to keep the property when the attaching party, on demand of the
a r in a
sum not less than the value of h the property levied upon. (indemnity bond) B
the court to INDEMNIFY the third-party claimant
C es
 In case of disagreement as to such value, the same shall be decided
b l by the court issuing
Ro
the writ of attachment.
 No claim for damages for the taking or keeping of a

n a r
one hundred twenty (120) days from B
Ch
the property may be enforced against
s
the bond unless the action therefor is filed within
l e
 The sheriff shall not be liable for damages for the taking or keeping of sucho
b
R property, to
an
any such third-party claimant, if such bond is filed.
Ch
178
 The proceedings set forth above shall not prevent such claimant or any third person from
vindicating his claim to the property in the same or separate action.
 or prevent the attaching party from claiming damages against a third-party claimant who
r
filed a frivolous or plainly spurious claim, in the same or a separate action.
a
Bis issued in favor of the Republic of the Philippines, or any
officer duly representingsit, the filing of such bond shall not be required, and in case the
 When the writ of attachment
l eif heldasliable
sheriff is sued for damages a result of the attachment, he shall be represented by the
b
Solicitor General, and therefor, the actual damages adjudged by the court
purpose. o
shall be paid by the National Treasurer out of the funds to be appropriated for the
R
a n a r
h BA NON-PARTY
C vs. Rodriguez and Northern Motors vs.eCoquia),
The third party CANNOT APPEAL NOR AVAIL
s OF CERTIORARI AS A REMEDY in the
l
event that his claim is denied since HE IS to the original action (Sierra
o b
 Aside from Rule 57, Sec. R
an r
14, the other provisions of the Rules of Court dealing with
a
terceria or third party claims are Rule 39, Sec. 16 (execution) and Rule 60, Sec. 7
hunder Sec. 3 is different from the bonds under B Sec. 14 (proceedings

(replevin).
Attachment bond
C edamages to the defendant if the
l
where property claimed by third person). Sec. 3 refers to the attachment bond to assure
the return of defendant’s property or the payment of
plaintiff’s action to recover possession of the same
o bproperty fails, in order to protect the
R
person’s right of possession of said property, or to prevent the defendant from destroying the
Under Sec. 14, the purpose of the bond is to indemnify the sheriff against any claimr
n
same during the pendency of the suit.
a B a by the
h
intervenor to the property seized or for damages arising from such seizure, which
s
C Yllas Lending Corporation, G.R. No.e 158997, October
was making and for which the sheriff
the sheriff
was directly responsible to the third party (Fort
Bonifacio Development Corporationvs.
6, 2008).
b l
R o
f. Discharge of attachment and the counter-bond
 After a writ of attachment has been enforced, a
n a r
h may move for the discharge of thes B
the party whose property has been
attachment wholly or in part on the securityC

attached, or the person appearing on his behalf,
given.
l e
 Grounds for discharge:
1. Debtor has posted a COUNTER-BOND or makes a CASH DEPOSIT ino
b
equal to that fixed by the court in the order of attachment. But if theR
an amount
n shall be
attachment is
equal to the value of that property as determined by the court. Ina

sought to be discharged with respect to a particular property, the counter-bond
Ch
either case, the cash
179
deposit or the counter-bond shall secure the payment of any judgment that the
attaching party may recover in the action (R57S12);
2. Attachment was improperly or irregularly issued or enforced, as where there is no
ground for attachment under Section 1 (R57S13);
3 . The bond filed is defective or insufficient (R57S13);
a r
4. Attachment is excessive but the discharge shall be limited to the excess (R57S13);
B
5. Property attached is exempt from execution (R57S2 and R57S5);
es
6. Judgment is rendered against the attaching creditor (R57S19).
l
b
o
Rtoofthetheorderly
n administration of justicer
 A discharge attachment must be made only after hearing. Ex parte discharge is a
a of Appeals, 199 SCRA

disservice
B a (Peroxide Philippines Corporation vs.
h
Court 882].
C s
e attached
g. Satisfaction of judgment out of property
b l
If judgment be recovered by theR
o
n out of the property attached, if r
attaching obligee and execution issue thereon, the sheriff may
a
cause the judgment to be SATISFIED
B a it be sufficient for that
h
purpose in the following manner:
C s
e of perishable or other property
1. By paying to the judgment obligee the proceeds of all sales
l
b as shall be necessary to satisfy the
o
sold in pursuance of the order of the court, or so much
Rof the property, real or personal, as mayorbein

judgment;
necessary to satisfy the balance, if enough n r

2. If any balance remain due, by selling so much
a a
for that purpose remain in the sheriff’s hands,
h in their possession credits belonging to B

those of the clerk of the court;
C s
3. By collecting from all persons having the judgment
obligor, or owing debts to the latter at the time of the attachment of such
e
credits or debts, the
judgment, and paying the proceeds of such collection over to the judgmentl
b
amount of such credits and debts as determined by the court in the action, and stated in the
obligee.
R o
an a r
The sheriff shall forthwith make a return in writing to the court of his proceedings under the
B
section and furnish the parties with copies thereof. (Rule 57, Sec. 15)
C h s
If after realizing upon all the property attached, any balance shall remain due, the sheriff must
l e
proceed to collect such balance as upon ordinary execution.
o b
Whenever the judgment shall have been paid, the sheriff, upon reasonable R
return to the judgment obligor the attached property remaining in his hands,n
demand, must
of the sale of the property attached not applied to the judgment. (Rule 57, a
and any proceeds
C h Sec.16)
180
When the judgment has become executory, the surety or sureties on the counter-bond shall
become charged on such counter-bond and bound to pay the judgment oblige upon demand
the amount due under the judgment, which may be recovered from such surety or sureties after
notice and summary hearing in the same action. (Rule 57, Sec. 17)
a r
B
Where the party, against whom attachment had been issued, has deposited the money instead
s
of giving counter-bond, it shall be applied under direction of the court to the satisfaction of any
e
judgment rendered in favour of the attaching party. The balance shall be refunded to the
l
b
depositor or his assignee.
R o
If the judgment is in favor of the party against whom attachment was issued, the whole sum
a n a r
deposited must be refunded to him or his assignee. (Rule 57, Sec. 18)
h B
C or received by the sheriff, under the
If judgment
s
e order of attachment, and all property attached
be rendered against the attaching party, all the proceeds of the sales and money
collected
l
was issued, and the order of attachmentb
remaining in any such sheriff’s hands, shall be delivered to the party against whom attachment
R o discharged. (Rule 57, Sec. 19)
a n a r sale
B preference over a prior
Preference of levy on attachment duly registered over a prior unregistered
The settled rule is h
unregistered sale. C s
that levy on attachment, duly registered, takes
e
l
The preference created by the levy on attachment is not diminished even by
in rem. It is against the particular property, enforceableb

the subsequent registration of the prior sale. This is so because an attachment is a proceeding
oof the attachment

against the whole world. The attaching
R
creditor acquires a specific lien on the attached property which nothing can
n the judgment, r
subsequently destroy except the very dissolution or levy itself. The lien
ain favor of respondents appeared in theBnature a ofbya

continues until the debt is paid, or sale is had under execution issued on or until
h recorded. The effect of the notationsof said lien was

the judgment is satisfied, or the attachment discharged or vacated in some manner provided
C
law. Thus, in the registry, the attachment
real lien when petitioner had his purchase
e (Valdevieso vs.
Damalerio, G.R. No. 133303, February 17, 2005, 451 SCRA 664, 670). bl
to subject and subordinate the right of petitioner, as purchaser, to the lien
Ro
No sale of property covered by writ of preliminary a
n a r
h attachment before prior judgment;
B
Exception
C ea s
final judgment over the property attached. Thus, the property cannot be sold beforelfiinal
A writ of attachment is a provisional remedy and its issuance does not have the effect of
judgment.
o b
Exception: An attached property may be sold after levy on attachment andR
judgment whenever it shall be made to appear to the court In which then
before entry of
aissaleperishable
action is pending,
Ch
upon hearing with notice to both parties, that (a) the attached property or that
(b) the interests of all the parties to the action will be subserved by the of the attached
181
property (Rule 57, Sec. 11; China Banking Corporation vs. Asian Corporation and
Development Corporation, G.R. No. 158271, April 8, 2008).
r
4. Preliminary Injunction(Rule 58)
B a
a. Definitions and Differences: Preliminary Injunction and Temporary
s
Restraining Order
l e
b
Temporary Restraining Order – may be issued ex parte or without a hearing, and is
o
RInjunction - may not be issued ex parte and is effective while the main case
effective for a limited period.
a n
Preliminary
is pending
a r
h B
C s
e is more delicate which requires greater caution,
l
PRELIMINARY INJUNCTION
o
deliberation, and sound discretion, or b(which is) more dangerous in a doubtful case than the
There is no power, the exercise of which,
Rcourts of law cannot afford an adequate or commensurate

issuing of an injunction. It is the strong arm of equity that never ought to be extended unless
n
in cases of great injury, where
a of the Philippines v. Catungal,BJr.aG.R.
remedy in damages. (University r No. 121863 May 5,
Ch
1997, 272 SCRA 221,236)
e s
b. Requisites
b l
Essential Requisites for the Issuance of Preliminary o
R of a right to be protected.
Injunction
n
1. There must be a right in esse or the existence
a a rright.
(Philippine Sinter Corporation et.al. h vs Cagayan Electric Power and Light Co. B
2. The act against which the injunction is to be directed is a violation of such
127371, April 25, 2002. 381 SCRAC s

Inc. GR No.
582)
l e
o b remedy, may only be
a. A writ of preliminary injunction, as an ancillary or preventive
R Corporation v. Court of
resorted to by a litigant to protect or preserve his rights or interests and for no other
purpose during the pendency of the action. (China Banking
a n a r
granted if the party asking for it is clearly entitled thereto. (Climaco vs. Macadaeg, 114 B
Appeals G. R. No.121158, December 5,1996,265 SCRA 327.) It should only be
C h25618, March 28,1969, 27 SCRA 455;s

e
Phil.870 [1962]; Subido v. Gopengco, G.R. No.
Police Commission v. Bello, G.R. Nos. 29959-60, January 30, 1971, 37 SCRA 230;
Capitol Medical Center, Inc. v. Court of Appeals, G.R. No. 82499, Oct. 13,1989,
b l 178
SCRA 493.)
o
R (Republic
n
b. An injunction will not issue to protect a right not in esse and which may never
a
arise or to restrain an act which does not give rise to a cause of action. of
Buayan v. Quintillan, supra, note 315.) There must exist a h

the Philippines v. Villarama G.R. No. 117733, September 5, 1997, 278 SCRA 736;
C
clear and actual right to
182
be protected and that the acts against which the writ is to be directed are
violative of the established right. (G & S Transport Corporation vs CA 382 SCRA
262 GR No. 120287, May 28, 2002)
c. Kinds of Injunction
a r
B
1. Preliminary prohibitory injunction – order granted at any stage of the action or
es
proceeding prior to judgment or final order requiring a party or court, agency or person to refrain
b l
from a particular act or acts (Rule 58, Sec. 1)
2. Preliminary mandatory injunction – order granted at any stage of the action or
R o
proceeding prior to the judgment or final order requiring the performance of a particular act or
an r
acts.
a
3. Final or permanent injunction - one issued in the judgment in the case permanently
Benough basis for injunction to issue as a

h
restraining the defendant or making the preliminary injunction permanent.
the Rules of Court, probability s
C provisional remedy, which is differentefrom injunction as a main action where one needs
 Under is
to establish absolute certainty b as l
Ro
basis for a final and permanent injunction.(Hernandez
vs. NAPOCOR, G.R. No. 145328, March 23, 2006).
d. When writ may be a

n a r
h for issuance of preliminary injunction.
issued
B
C
Rule 58, Sec. 3. Grounds
e s
b l
A preliminary injunction may be granted when it is established:
R o
(a) That the applicant is entitled to the relief demanded, and the whole or part of such relief
n
a either for a limited period or perpetually; a
consists in restraining the commission or continuance of the act or acts complained of, or in
r
h B
requiring the performance of an act or acts,
C
(b) That the commission, continuance or non-performance of the act or e
s
during the litigation would probably work injustice to the applicant; or l
acts complained of
o b
R or is attempting to do, or is
procuring or suffering to be done, some act or acts probably n
(c) That a party, court, agency or a person is doing, threatening,
a in violation of the rights of the
a r
B
Ch
applicant respecting the subject of the action or proceeding, and tending to render the
judgment ineffectual.
e s
b l
e. Grounds for issuance of preliminary injunction
R o
PRELIMINARY INJUNCTI0N n
alitem motam (status
before the suit) until the trial court hears fully the merits of the case. Itsh
Purpose of preliminary injunction – to preserve the status quo ante
C primary purpose is not to
183
correct a wrong already consummated or to redress an injury already sustained, or to punish

wrongful acts already committed, but to preserve and protect the rights of the litigant during the
pendency of the case (Bustamante vs. CA, April 17, 2002).
Injunction is a preservative remedy
a r
Injunction is a preservative remedy for the protection of substantive rights or interests. It is
not a cause action in itself but merely a provisional remedy, an adjunct to a main suit.
B
Reason for injunction
es
l
So that the court may thereby prevent a threatened or continuous irremediable injury to
b
o
some of the parties before their claims can be thoroughly investigated and advisedly
R
adjudicated. The application of the writ rests upon an alleged existence of an emergency or of a
an r
special reason for such an order before the case can be regularly heard, and the essential
a
conditions for granting such temporary injunctive relief are that (a) the complaint alleges facts
B
Ch
which appear to be sufficient to constitute a cause of action for injunction and that (b) on the
e s
entire showing on both sides, it appears, in view of all the circumstances, that the injunction is
(Estares vs. CA, 459 SCRA 604 [2005]).

bl
reasonably necessary to protect the legal rights of the plaintiff pending the litigation.
R o
Status quo sought to be preserved – the last actual, peaceable and uncontested situation
an a r
[LAPUS] which precedes a controversy. The status quo should be existing ante litem motam, or
B
Ch
at the time of the filing of the case. For this reason, a preliminary injunction should not establish
e s
new relations between the parties, but merely maintain or re-establish the pre-existing
relationship between them (Bustamante vs. CA, supra).
b l
o
Requisites for injunctive writ: (1) invasion of the right is material and substantial; (2) the
R
an r
right of complainant is clear and unmistakable; (3) and there is an urgent and permanent
a
necessity of the writ to prevent serious damage.
h contingent or future rights. Injunction B

to protect a right not in esse andC actswhich does not
Injunction not designed to protect will not issue
which may never arise, or to restrain an e
give rise to a cause of action.
b l
The complainant’s right or title must be CLEAR AND UNQUESTIONED,
R o for equity, as a rule,
will not take cognizance of suits to establish title, and will not lend its preventive aid where the
without proof of violation of an actual existing right, is noa

n
complainant’s title or right is doubtful or disputed. The possibility of irreparable damage,
a r
B
Ch
ground for an injunction, being mere
damnum absque injuria (Ulang vs. CA, 225 SCRA 637 [1993]).
e s
b l
o
Distinguished from Prohibition
R
n
INJUNCTION PROHIBITION
a tribunal
h
Generally directed against a party Generally directed against a court,
C
or personal exercising judicial powers
184
Does not involve the jurisdiction of theMay be on the ground that court is acting
court without or in excess of jurisdiction
May be the main action or provisionalAlways a main action

remedy only
a r
B
MANDATORY INJUNCTION
es
b l
Strict requisites for mandatory injunction. Since it commands the performance of an
o
act, a mandatory injunction does not preserve the status quo and is thus more cautiously
R
regarded than a mere prohibitive injunction (Gateway Electronics Corporation vs. Land Bank
n r
of the Philippines, July 30, 2003, 407 SCRA 454,).
a B a
C h
When injunction improper
s
As between the buyer of a vessel at a e
Tay Chun Suy vs.CA, 229 SCRA 151 (1994) -
l
b to register their transactions, who has a better right
prior extrajudicial foreclosure and the buyer at a
o
subsequent auction sale, both buyers failing
of dominion over the vessel?
Rto interfere by injunction with the judgments of another court
a
with concurrent or coordinaten
Rule that no court has the power
jurisdiction applies only when NO PARTY
a rCLAIMANT involved.
When a third party or a stranger to the action asserts a claim over B
C h s proper civil court which may
the property levied upon, the
stop the execution of the judgment on property not belonginge

claimant may vindicate his claim by an independent action in the
b l to the judgment debtor.
Cases where injunction was held improper R

o
the existence of irreparable injury.a
1. To restrain collection of taxes except nwhere there are special circumstancesathatrbear
h Bon the title
(Churchill & Tait v. Rafferty, 32 Phil. 580 [1915]).
C
as a lien such as the husband’s obligation to give support. (Saavedrae
2. To restrain the sale of conjugal properties where the claim can be s
annotated
33 [1931]) l v. Estrada 56 Phil.

b his office. (Cereno v.
Dictado, No. L-81550, April 15, 1988, 160 SCRA 759.) R
3. To restrain a mayor proclaimed as duly elected from assuming o
a n a r
h a case on the merits. (Government B
4. To restrain consummated or ministerial acts:
C v. Florendo, G.R. NO. 48603, Septembers

a. Not proper to restrain against disposing
29, 1989, 178 SCRA 76; Ortigas and Company Limited Partnership v. Courteof
l
Service Insurance System (GSIS)
b
b. Not proper to stop the execution of judgment where the judgment o
Appeals, No. L-79128, June 16, 1988, 162 SCRA 165.)
R was already
executed. (Meneses v. Dinglasan, 81 Phil. 470 [1948])
c. The Regional Trial Court has no power to issue a writ ofa
n
Register of Deeds if its effect is to render nugatory h
injunction against the
C
a writ of execution issued
185
by the National Labor Relations Commission. (Ambrosio v. Salvador, No. L-

47651, December 11, 1978, 87 SCRA 217.)
d. A writ of injunction is not proper to stop the execution of judgment where the
judgment was already executed. (Meneses v. Dinglasan, 81 Phil. 470 [1948])
e. But where the lower court enforced its judgment before a party against whom
a r
the execution was enforced could elevate his or her appeal in an injunction
suit, which was instituted to prevent said execution, an independent petition
B
for injunction in the Court of Appeals is justified. (Manila Surety and Fidelity v.
es
Teodoro, G.R. No. 20530, June 29, 1967, 20 SCRA 463)
f.
b l
A writ of injunction should never issue when an action for damages would
adequately compensate the injuries caused. The very foundation of the
R o
jurisdiction to issue the writ of injunction rests in the possibility of irreparable
injury, inadequacy of pecuniary compensation and the prevention of the
an ar
multiplicity of suits. Where facts are not shown to bring the case within these
B
conditions, the reliefs of injunction should be refused. (Golding vs. Balabat,
Ch s
36 Phil. 941)
e
l licenses, and other permits issued by public
Laws prohibiting injunction
b
o for exploitation of natural resources
 PD 605 – cases involving concessions,
R
administrative officials or bodies
n r
 PD 1818 – cases involving infrastructure and natural resources projects of, and public
a a
B
Ch any government financial institutionestaking foreclosure of loans of
utilities operated by, the government [exc. Non-compliance with procedural rules on
bidding]
 PD 385 – against
which at least 20% thereof are outstanding
b l
1. These laws do not deprive the Supreme o
Exceptions:
R Court of the authority to issue temporary
power of the Supreme Court vesteda

n
in it by the Constitution will be null and void.a
restraining orders in appropriate cases pending before it. For any law which restricts the
r
h do not preclude the issuance of preliminary B injunction
by the lower courts where: C s
2. These decrees and similar statutes
e
l of law involved;
(a) there is grave abuse of discretion amounting to lack of
(d) officials concerned put the law into their hands and violated theb
jurisdiction; (b) officials concerned committed irregularities; (c) question
R o applicant’s rights.
Writ of preliminary injunction may not be issued ex parte

a nprior notice and hearing to the ar
h the preliminary injunction may causes B
A writ of preliminary injunction shall not be granted without
grave and irreparable injury to the person enjoined. C

party or person sought to enjoined (Rule 58, Sec. 5). Reason:
l e
However, temporary restraining order may be issued ex parte
o b
Rinjustice and
1. If the matter is of extreme urgency and the applicant will suffer grave
n
a the original 72
irreparable injury, the court may issue a TRO effective only for 72 hours from issuance,
renewable after summary hearing for a period not exceeding 20 days including
hours.
C h
186
2 Only a TRO issued after a summary hearing can last for a period of twenty days. (Mayor
Sampiano v. Judge Indar, A.M. No. RTJ-05-1953; December 21, 2009 - TDC)
Issues on jurisdiction
a r
Bwithstability,
s16, 2004, 423 SCRAcourt
1. Pursuant to the policy of judicial the judgment or order of a court of competent
February 24, 2003, 398l

e
jurisdiction may not be interfered by any of concurrent jurisdiction (Javier vs.
b
Court of Appeals, February 11; See also Chings vs. Court of Appeals,
SCRA 88). Exc. Third party claim
R o
committedn r is, however, limited to prohibitory
a a
2. Injunctions issued by the Regional Trial Courts are limited to acts committed or to be
B
within its territorial jurisdiction. The doctrine
h
and injunctive writs.
of BP 129 reads: “Original s
Cshall exercise original jurisdiction (1) inethe issuancein other
Section 21 jurisdiction cases – Regional Trial Courts
b l of writs of certiorari, prohibition,
Ro
mandamus, quo warranto, habeas corpus and injunction which may be enforced in any party
of their respective regions.”
3. Judge's authoritya
n a ronly within his/her
h B
to issue a writ of preliminary injunction
C s
territorial jurisdiction
l e insofar as enforcing a writ of

As the presiding judge of RTC, Marawi City, he should have known that Makati City was
way beyond the boundaries of his territorial jurisdiction
preliminary injunction is concerned. Section 21(1) of
o bin B.P. Blg. 129, as amended, provides
that the RTC shall exercise original jurisdiction
Rcorpus the issuance of writs of certiorari,
n r
prohibition, mandamus, quo warranto, habeas and injunction which may be enforced
a
in any part of their respective regions (Gomos
a
vs. Adiong, A.M. No. RTJ-04-1863, October
B
22, 2004, 441 SCRA 162).
C h s
Allgemeine-Bau-Chemie Phils., Inc. vs. Metropoliltan Bank & Trust
l e
Company, 482 SCRA 247 (2006)
o b
R
anprohibition r
1. An original action for injunction is outside the jurisdiction of the Court of Appeals.
2. The appellate court’s jurisdiction to grant a writ of preliminary injunction is limited to the
Ba
C h
actions or proceedings before it or in a petition for certiorari, or mandamus under
s
e
Rule 65.
3. An order granting or denying a preliminary injunction is not appeal
b l
f. Grounds for objection to, or for the dissolution of injunction or restraining
R o
order
a n
C h
187
1. Insufficiency of application
2. Other grounds (e.g. applicant’s bond is insufficient/defective), upon affidavits of the
party or person enjoined, which may be opposed by the applicant also by affidavits.
3. If it appears after hearing that although the applicant is entitled to the injunction or
restraining order, the issuance or continuance thereof would cause irreparable damage to
a r
the party or person enjoined, while the applicant can be fully compensated for such damages
as he may suffer, and the former files a bond in an amount fixed by the court conditioned that
B
he will pay all damages which the applicant may suffer by the denial or the dissolution of the
es
injunction or restraining order.
b l
4. If it appears that the extent of the preliminary injunction or restraining order granted is
too great, it may be modified (Rule 57, Sec. 6).
R o
an ar
Not allowed to Transfer Possession
B
Ch
A court should not, by means of a preliminary injunction, transfer the property in litigation from
s
the possession of one party to another where the legal title is in dispute and the party having
e
l
possession asserts ownership thereto. (Toyota Motors Philippines Corporation v. Court of
b
Appeals, G.R. No. 102881, Dec. 7, 1992, 216 SCRA 236). The function of injunction is to
o
preserve the statues quo ante. (Knecht v. Court of Appeals, G.R. No. 56122, November 18,
R
1993, 228 SCRA 1)
an r
This is more particularly applicable where the legal title is in dispute and the party having
a
possession asserts ownership in himself. (Gordillo and Martinez v. Del Rosario, 39 Phil. 829
B
Ch
[1919])
e s
Exceptions
b l
R o
a. Forcible entry in which the Court may issue preliminary mandatory injunction (Rule 70,
Sec. 15) and by Section 20 thereof involving leases in which the court may, on appeal,
an a r
grant similar mandatory injunctive relief. The exception applies only to ejectment cases
B
exclusively cognizable by the municipal trial court. (Ramos v. Court of appeals, G.R.
h
81354, July 26, 1988, 163 SCRA 583)
s
C Title when there is a clear finding ebyof aownership
l
b. Property covered by Torrens and
pointing to one of the parties as the undisputed owner. (GSIS b

possession of the land or unless the subject property is covered Torrens Title
o
v. Florendo, supra, note
R
329; Cagayan de Oro City Landless Residents Association, Inc. v. Court of Appeals, G.R.
n r
No. 106043, March 4, 1996, 254 SCRA 229)
a
prevented had been committed / B
a
Ch s
Injunctions not issued where act sought to be
consummated acts (fait accompli)
l e
o b
1. The remedy of injunction could no longer be availed of where the act to be prevented
R
had long been consummated. Where a span of seven years has intervened from the
ann
time the award of the lot has already been accomplished to the time petitioners’
complaint for injunction was filed, injunction would just be a exercise in futility
Ch
(Zabat vs. CA, August 23, 2000, 338 SCRA 551).
188
2. A writ of preliminary injunction will not issue if the act sought to be enjoined is a fait
accompli or an accomplished or consummated act (Transfield Philippines, Inc., vs.
Luzon Hydro Corporation, November 22, 2004, 443 SCRA 307). By issuing a
temporary restraining order and writ of preliminary injunction enjoining the eviction of
r
the respondents, the Court of Appeals allowed the respondents to stay in the property
a
despite the mandatory provision of Section 19, Rule 70 of the Rules of Court. The
B
appellate court, in effect, granted the same injunctive relief which the respondents
s
failed to secure from the Regional Trial Court due to their procedural lapse (David vs.
e
Navarro, February 11, 2004, 422 SCRA 499).
l
o b
R
SUMMARY LIST OF INSTANCES WHERE PRELIMINARY INJUNCTION IS PROHIBITED:
an a r
B 65 SCRA 336)
h 1. Injunction against courts or tribunals of
C 2. Injunction orders are prohibited s

Arca, G.R. No. 25434, July 25, 1975,
co-equal rank prohibited. (Roldan, Jr. v.
l eL-75736,
in labor cases. (Associated Labor Union (AKU-
TUCP) v. Borromeo, No.
o b
Kaisahan ng Mga Manggagawa
September 29, 1988, 166 SCRA 99;
v. Sarmiento, No. L-47853, November 16,
R
1984, 133 SCRA 220)
a nDecember
3. Injunction beyond
a
prayer in complaint (The Chief of Staff, r AFPthe v.prosecution
Guadiz, Jr.,
h
No. L-35007,
B
29, 1980, 101 SCRA 827) Enjoining of
C 20, 1989, 170 SCRA 108; Reyes

criminal
February sv. Camilon, G.R. No. 46198,
proceedings. (Romero v. The Chief of Staff,
e
AFP, G.R. No. 84076,
December 20, 1990, 192 SCRA 445)

b lof government infrastructure projects.
(Section 3 RA 8975)
R o
4. Injunctions to prevent the implementation
a n
5. Injunctions to prevent the implementation or execution of contracts for the
a r 262
GR No. 120287, Mayh B
operation of a public utility. (G&S Transport Corporation vs CA 382 SCRA
C the foreclosure of real estate mortgages s

28, 2002)
e by government
financing institutions (OCA Circular no. 93-2004 in relationlto Sec. 21 Rule 141
6. Injunctions to prevent
of the Rules of Court, Sec.3 PD 385 and Administrative b

o
Circular No. 07-99)
implementing freeze orders, with the exception R

7. Injunctions to prevent the Anti Money Laundering Council from issuing and /or
a n of writs issued by the Court of

a r
Agrarian Reform Council from performing B
Appeals and the Supreme Court (RA 9160 as amended by RA 9194)
8. Injunctions to restrain the Presidential h
its tasks (Section 55 RA 6657) C e s
b l
9. Injunctions against public administrative officers in the issuance of public grants
Ro
for the exploitation of natural resources (PD 605)
Period to decide case when a higher court issues a writ of preliminary n

a injunction against
Ch
a lower court, board or tribunal :
189
The trial court, the Court of Appeals, the Sandiganbayan or the Court of Tax Appeals that
issued a writ of preliminary injunction against a lower court, board, officer or quasi-judicial
agency shall decide the main case or the petition within six months from the issuance of the
writ.
Under this provision, higher courts that restrain a lower court from proceeding with a case
r
by issuing a writ of preliminary injunction must decide the main case or petition within six
a
months in order not to unduly delay the main case lodged in a lower court. (Section 5, Rule 58,
B
as amended by A.M. No. 07-7-12-SC which took effect on December 27, 2007)
es
g. Duration of TRO
b l
Effectivity ofR
TRO
o
CA - a
RTC - 20 n days
ar
B
CSCh- until further orders
60 days
e s
bl
R o
h. In relation to RA 8975, Ban on issuance of TRO or Writ of Injunction in cases
an
involving government infrastructure projects
Statutory Prohibitions against the Issuance of a Writ ofB
a r
C h s
Preliminary Injunction or
e
preliminary mandatory injunction
b l
Under Rep. Act No. 8975
The issuance of temporary restraining R
o
an r
orders, preliminary injunctions, or preliminary
a
mandatory injunctions against government infrastructure projects is prohibited under this
h B issue any
law.
TRO or preliminary injunctionC

Section 3 RA 8975 states that
s
“No court, except the Supreme Court shall
eacting under the
l
or preliminary mandatory injunction against the government,
or any of its subdivisions or officials, whether public or private
o b
government direction to restrain, prohibit or compel the following acts:
R
1. Acquisition, clearance and development of the right-of-way and/or site or location of
any national government project;
n
a government; a r
3. Commencement, prosecution, execution,h
2. Bidding or awarding of contract/ project of the national
B
C implementation, operation of any such
e s
contract or project;
b l
o
4. Termination or rescission of any such contract/project; and
R
5. The undertaking or authorization of any other lawful activity necessary for such
contract/project.”
a n
C h
190
This law expressly repealed Presidential Decree No. 605 (prohibiting injunction
involving concessions, licenses and other permits issued by public administrative office or
bodies for the exploitation of natural resources) and Presidential Decree No. 1818
(prohibiting injunction in cases involving infrastructures and natural resources
development and public utilities). (National Power Corporation vs. Vera, G.R. No. 83558,
Feb. 27, 1989, 170 SCRA 721)
.
a r
B
*** R.A. 8975 prohibits the issuance of TRO and/or writ of preliminary injunction against
es
national government infrastructure projects, not merely national government projects. While
l
the E-Passport Project is national in scope, it is an information and communication
o b
technology project with no relation to infrastructure or any civil works component.
Hence, it is excluded from the coverage of R.A. 8975 and may be stayed by a writ of
R
injunction. (Department of Foreign Affairs vs. Falcon, G.R. No. 176657; September 1, 2010)
an r
- TDC
B a
Ch e s
attachment (out of place here) bl
i. Rule on prior or contemporaneous service of summons in relation to
R o
an a r
5. Receivership (Rule 59)
B
Ch
Receiver defined
s
Receiver is a representative of the court appointed for the purpose of PRESERVING AND
e
l
CONSERVING the property in litigation and prevent its possible destruction or dissipation, if it
o b
were left in the possession of any of the parties. He is not the representative of any or the
parties but by all of them to the end that their interests may be equally protected with the least
possible inconvenience and expense.
R
a n a r
a. Cases when receiver may beh B
C
appointed
es
b. Requisites
b l
Rule 59, Section 1. Appointment of receiver.
R o
an Ba r
Ch
Upon a verified application, one or more receivers of the property subject of the action or
proceeding may be appointed by the court where the action is pending, or by the Court of
e s
l
Appeals or by the Supreme Court, or a member thereof, in the following cases:
o b
R
(a) When it appears from the verified application, and such other proof as the court may
an
require, that the party applying for the appointment of a receiver has an interest in the
property or fund which is the subject of the action or proceeding, and that such property or
Ch
fund is in danger of being lost, removed, or materially injured unless a receiver be appointed
to administer and preserve it;
191
(b) When it appears in an action by the mortgagee for the foreclosure of a mortgage that
the property is in danger of being wasted or dissipated or materially injured, and that its value
is probably insufficient to discharge the mortgage debt, or that the parties have so stipulated
in the contract of mortgage;
a r
B
(c) After judgment, to preserve the property during the pendency of an appeal, or to dispose
s
of it according to the judgment, or to aid execution when the execution has been returned
e
unsatisfied or the judgment obligor refuses to apply his property in satisfaction of the
l
b
judgment, or otherwise to carry the judgment into effect;
R o
(d) Whenever in other cases it appears that the appointment of a receiver is the most
a n ar
convenient and feasible means of preserving, administering, or disposing of the property in
B
litigation.
h s
CDuring the pendency of an appeal, theeappellate court may allow an application for the
appointment of a receiver to be filed inland decided by the court of origin and the receiver
appointed to be subject to the controlb
R o of said court.
a n a r
h issuance of an Order B
C
c. Requirements before
e s
Rule 59, Sec. 2. Bond on appointment of receiver.
b l
o
R is presented, in an amount to be fixed
Before issuing the order appointing a receiver the court shall require the applicant to file a
a n
bond executed to the party against whom the application
a
by the court, to the effect that the applicant will pay such party all damages he may sustain r by
appointment without sufficient cause; h
reason of the appointment of such receiver in case the applicant shall have procured such
B after the
appointment, require an additionalC e s
and the court may, in its discretion, at any time
l
bond as further security for such damages. (3a)
o b
d. General powers of a receiver
R
an is pending, a receiver shall Bar
Rule 59, Sec. 6. General powers of receiver.
keep possession of the property in controversy; toC

have the power to bring and defend, in such capacity, hactions in his own name; to take and
Subject to the control of the court in which the action or proceeding
receive rents; to collect debts due to himselfs

l eto
compound for and compromise the same; to make transfers; to pay outstanding debts; b
as receiver or to the fund, property, estate, person, or corporation of which he is the receiver;
the money and other property that shall remain among the persons legally entitled too
to divide
same; and generally to do such acts respecting the property as the court R
receive the
However, funds in the hands of a receiver may be invested only by order ofn
may authorize.
a the court upon the
h
written consent of all the parties to the action.
192
No action may be filed by or against a receiver without leave of the court which appointed him.
e. Two (2) [actually 3] kinds of bonds

1. applicant’s bond (Rule 59, Sec. 2)
2. counterbond (Rule 59, Sec. 3)
a r
B
3. receiver’s bond (Rule 59, Sec. 4)
es
bl
f. Termination of receivership
o
Rule 59, Sec. 8. Termination of receivership; compensation of receiver.
R motu proprio or on motion of either party,
n no longer exists, it shall, after due noticer
Whenever the court, shall determine that the necessity
settle thea aof the funds and other property in his

for a receiver to all interested parties and hearing,
h to the person adjudged to be entitled toB

accounts of the receiver, direct the delivery
C from further duty as such. The ecourt

possession
s shall allow the receiver such reasonable
receive them, and order the discharge of the
l
receiver
b
compensation as the circumstances of the case warrant, to be taxed as costs against the
o
defeated party, or apportioned, as justice requires.
Runder Rule 58
n
aof execution of judgment under Rule 39,BSec.
Receivership other than that
ar1
h
1. Receivership in aid
C es Law
2. Bank receivership
3. Receivership in petitions for insolvency under the l
b
Insolvency
R o
n r
Appointment of a Receiver
a a
The general rule is that neither party to the litigation should be appointed as a receiver
disinterested person. (Alcantara v. h Abbas, No. L-14890, September 30, 1963, 9B

without the consent of the other because a receiver is supposed to be an impartial and
C as a receiver as he is already burdened e s SCRA 54)A
l
clerk of court should not be appointed with his official
duties. (Abrigo v. Kayanan, No. L-28601, March 18, 1983, 121 SCRA 20)
b
Ro
n r
Specific situations when a receiver may be appointed
a Ba
Ch s
.1. Family Code, Article 101
l e
If a spouse, without just cause, abandons the other or fails to comply with his
o bor his
R
obligations to the family, the aggrieved spouse may petition the court for receivership.
a n
h
2. Sec. 41, Rule 39
193
The court may appoint a receiver of the property of the judgment obligor; and it may also
forbid the transfer or other disposition of, or any interference with, the property of the
judgment obligor not exempt from execution.
3. After the perfection of an appeal, the trial court retains jurisdiction to appoint a
a r
receiver of the property under litigation since this matter does not touch upon the subject of
the appeal. (Rules of Court, Rule 41, Sec. 9; Acuña v. Caluag, 101 Phil. 446 [1957])
B
es
l
4. After final judgment, a receiver may be appointed as an aid to the execution of
b
judgment. (Philippine Trust Company v. Santamaria, 53 Phil. 463 [1929])
o
R of a receiver over the property in reasonably
n by special circumstances as when it isr
5. Appointment custodia legis may be allowed when it
protectathe rights of the real owner. (Dolar v. Sundiam,a

is justified necessary to secure and
h B No. L-27631, April 30, 1971, 38
C
SCRA 616)
e s
b l
o
6. In a petition for corporate rehabilitation, when the court finds the same to be
appoint a Rehabilitation andR

sufficient in form and substance, the Court shall, within five days from filing of the petition
an r
fix his bond. (Rules of Procedure on Corporate Rehabilitation
a
2008)
B
Ch e s
6. Replevin (Rule 60)
b l
R o
What is replevin?
a n r
consists in the delivery, by order of theacourt, of
personal property by the defendant to h
Replevin or delivery of personal property
B
C s
the plaintiff upon filing of a bond.
l e
Replevin and attachment distinguished
o b
R
a n a r
h B
s
Preliminary Attachment Replevin
C Available only if principal relief soughteis
Available even if recovery of personal
property is only incidental relief in the action
b
recovery of personal property; Relief l for
damages are only incidental
R o
actual or constructive n
Can be resorted to even if personal property Can be sought only where defendant is in
personality involveda
is in the custody of a third person possession of the
Ch
194
Extends to all kinds of property Extends only to personal property

capable of manual delivery
To recover possession of personal property To recover personal property even if it is

unjustly detained; Presupposes that it is not being concealed, removed, or
r
being concealed, removed, or disposed to disposed of
a
prevent its being found or taken by the
applicant
B
es
Can be resorted to even if property is in Cannot be availed of if property is under
custodia legis
b l custodia legis
R o
an B ar
Ch
a. When may writ be issued
b. Requisites
e s
b l
Ro
Steps in the Issuance and Implementation of a Writ of Replevin
1. A party praying for

anthe recovery of possession of a personalr
B a property files with the
replevin. (Ruleh
court at the commencement of the action or before answer an application for a writ of
C 60, Sec. 1) e s
l
b which should state:
2. To accompany the application is the AFFIDAVIT
o
Rof the property claimed, particularly describing
n
a thereof;
a) that the applicant is the owner
a r
h
it, or is entitled to the possession
Balleging the
C thereof according to the best of knowledge,
b) that the property is wrongfully detained by the adverse party, s
e information,
cause of detention
and belief;
b l
c) that the property has not been distrained or taken o
Rlegis,
for a tax assessment or a
an r
fine pursuant to law, or seized under a writ of execution or preliminary
a
attachment, or otherwise placed under custodia or if so seized , that it is
B
Ch
exempt from such seizure or custody; and
d) the actual market value of the property
e s
b l
Notes:
R o
1) The applicant for a writ of replevin need not be the owner for it is enough that he
a n
has a right to posses it. (Yang v. Valdez, G.R. No. 73317, August 31, 1989, 177
SCRA 141)
C h
195
2) Replevin cannot be availed of if the property is in custodia legis or where it is

under attachment or was seized under a search warrant (Pagkalinawan v.
Gomez, Nos. L-22585, December 16, 1967, 21 SCRA 1275; Rules of Court, Rule
60, Sec. 2 (c) except:
a r
a) when the seizure is illegal; (Bagalihog v. Fernandez, G.R. No. 96356,
June 27, 1991, 198 SCRA 614) and
b) where there B
followed s
is reason to believe that the seizure will not anymore be
claims.e(Chua v. Court of Appeals, G.R. No. 79021, May 17, 1993, 222
by the filing of the criminal action in court or there are conflicting
b
SCRA l 85)
R o
anif the following requisites are met: Bar
3) The defendant is entitled to the return of the property taken under a writ of replevin
Ch 1) he posts a redelivery bondeands

b lof a copy of the undertaking within five (5)
3) days from taking o
2) he furnishes the plaintiff
R and
an a r5 and 6)
4) the bond is sufficient and in proper form. (Rule 60, Secs.
h
had no jurisdiction to take cognizances
B
Note: The RTC C eenforcement. The Collector of
of the petition for replevin by
Customs had already seized the vehicles and set thelsale thereof at public auction. The
respondents, issue the writ of replevin and order its
o b
RTC should have dismissed the petition for replevin at the outset. By granting the plea of
R the action and the vehicles subject matter
respondents (plaintiffs below) for the seizure of the vehicles and the transfer of custody to the
thereof. The forfeiture of seized goods in the Bureau of Customs is a proceeding r

n
a a against
court, the RTC acted without jurisdiction over
the goods and not against the owner. It is in the nature of a proceeding in rem,B
C h and entails a determination of theslegality of their
i.e., directed
eto thewhich
against the res or imported articles
the violation and is treated as the offender, without reference whatsoever l

importation. In this proceeding, it is, in legal contemplation, the property itself commits
b No. 166901, October
character or
conduct of the owner (Asian Terminals, Inc. vs. Bautista-Ricafort, G.R.
27, 2006).
R o
a n a r
B
Ch s
c. Affidavit and bond; Redelivery Bond
l e
Rule 60, Sec. 2. Affidavit and bond.
o b
The applicant must show by his own AFFIDAVIt or that of some other person who
R
personally knows the facts:
a n
C h
196
(a) That the applicant is the owner of the property claimed, particularly describing it, or is
entitled to the possession thereof;
(b) That the property is wrongfully detained by the adverse party, alleging the cause of
detention thereof according to the best of his knowledge, information, and belief;
a r
B
(c) That the property has not been distrained or taken for a tax assessment or a fine
es
pursuant to law, or seized under a writ of execution or preliminary attachment, or otherwise
l
placed under custodia legis, or if so seized, that it is exempt from such seizure or custody;
and
o b
Rmarket value of the property.
n r
(d) The actual
a a
B to the adverse party in DOUBLE THE
h
Cto the adverse party if such return be adjudged,
The
s
applicant must also give a BOND, executed
VALUE of the property as stated in the
l e
affidavit aforementioned, for the return of the property
b
and for the payment to the adverse party of
o
such sum as he may recover from the applicant in the action.
R
1) Upon the filing of a
Order of Replevin n
such affidavit and approval of the bond, a
r
hcorresponding WRIT OF REPLEVIN describing B the personal property
the court shall issue an
ORDER and the
C e s
l
alleged to be wrongfully detained and requiring the sheriff forthwith to take such property
into his custody. (R60S3)
o b
2) A writ of replevin may be served anywhere in the Philippines
R
Redelivery bond
a n a r
If the adverse party objects to theh Bdoessurety
s
sufficiency of the applicant’s bond, or of the
C
or
sureties thereon, he cannot immediately require the return of the property.
l erequire the return
But if he not so
b
object, he may, at any time before the delivery of the property to the applicant,
thereof, by filing with the court where the action is pending a redelivery bond—that is, a bond
executed to the applicant:
R o affidavit for the delivery
of the property to the applicant, if such delivery be adjudged;n r
1. In DOUBLE THE VALUE of the property as stated in the applicant’s
a against
and
Ba
Ch
2. For the payment of such sum to him as may be recovered the adverse party; and
3. By serving a copy of such bond on the applicant.(R60S5)
e s
b byl
d. Sheriff’s duty in the implementation of the writ; when property is claimed
third party
R o
a n
Disposition of property by sheriff
C h
197
1) The sheriff shall retain the property for 5 days. The adverse party may object to the
sufficiency of the bond or surety or he may file a redelivery bond.
2) If after 5 days and the adverse party failed to object or his redelivery bon is insufficient, the
sheriff shall deliver the property to the applicant (R60S6)
3)The defendant is entitled to the return of the property under writ of replevin if:
a r
a. He seasonably posts a redelivery bond (R60S5)
B
b. Plaintiff’s bond is found to be insufficient or defective and is not replaced with a proper
bond.
es
l
c. Property is not delivered to plaintiff for any reason (R60S6)
b
o
Rperson against whom the writ or replevin had been issued must make an
Rule 60, Sec. 7. Proceedings where property claimed by third person.
a n
 The third
a r
 AFFIDAVIT of his title thereto, or right toB
h
C  stating the grounds of such right eor stitle, and
the possession thereof,
 serves such affidavit upon the l

and a copy thereof upon theb
sheriff while the latter has possession of the property
Roto keep the property as a general rule.

applicant
n r
The sheriff shall not be bound
a a
B on demand of the sheriff,
C h to keep the property when the applicant,
approved by the court to INDEMNIFY thes
 The sheriff is bound
files a BOND
l e bond)
third-party claimant in a sum not
b
less than the value of the property under replevin (indemnity
R o
 In case of disagreement as to such value, the court shall determine the same
a n a r
h or keeping of the property may be enforced B against
the bond unless the actionC therefor is filed within one hundred twentys
 No claim for damages for the taking
l e (120) days from
b
o
 The sheriff shall not be liable for damages for the takingR
any such third-party claimant, if such bond is filed. n r
or keeping of such property, to
a Ba
C h s
 The proceedings set forth above shall not prevent such claimant or any third person from
l e
vindicating his claim to the property, in the same or a separate action.
o b
R
n
aclaimant who filed a
Ch
 or prevent the applicant from claiming damages against a third-party
frivolous or plainly spurious claim, in the same or a separate action.
198
 When the writ of replevin is issued in favor of the Republic of the Philippines, or any
officer duly representing it, the filing of such bond shall not be required, and in case the
sheriff is sued for damages as a result of the attachment, he shall be represented by the
Solicitor General, and if held liable therefor, the actual damages adjudged by the court
r
shall be paid by the National Treasurer out of the funds to be appropriated for the
a
purpose.
B
es
l
S. Special Civil Actions (Rules 62-71)
b
o
1. Nature of special civil actions
R
A special civil action is a civil action which aside from being governed by the rules for
a n a r
ordinary civil action is subject to specific rules provided for it.
h civil actions versus special civil Bactions

2.C s
byethe rules for ordinary civil actions while a special
Ordinary
An ordinary civil action is governedl
o
civil action is governed by the rules forbordinary civil action and by specific rules.
civil action must be based onR
Every ordinary civil action must be based on a cause of action, while not every special
Reviewer on Remedial Law,

a n Manuel R. Riguera, First Edition, p. 462)r
a cause of action, as for instance, declaratory relief. (Primer-
agoverned by the rules for
A special civil h B
C is subject to specific rules provided foreit.s
action is a civil action which aside from being
ordinary civil action
b l
 How commenced:
R o
an r
o COMPLAINT (IEFPF)
B a
h
a. interpleader
b. expropriation
C e s
c. foreclosure of real estate mortgage
b l
o
d. partition
e. forcible entry and unlawful detainer
R
a n a r
B
Ch
o PETITION (DRCPMQC)
a. declaratory relief
e s
b. review of adjudications of Comelec and COA
b l
c. certiorari
R o
n
d. prohibition
e. mandamus
a
f. quo warranto
C h
199
g .contempt
 Writs of injunction, certiorari, mandamus, prohibition, quo warranto and habeas corpus
issued by the RTCs are enforceable within their respetive judicial regions (BP 129).
a r
B
ORDINARY CIVIL ACTIONS
es SPECIAL CIVIL ACTIONS
l
ob
Governed by rules for ordinary civil actions Generally governed by rules for ordinary civil
actions but subject to special rules
R
an r
Must be based on a cause of action meaning an act or Not necessarily such as in certain special civil
a
omission has violated the rights of another actions:
B
Ch
1. Declaratory relief – no actual violation of rights
e s 2. Interpleader – no interest in the subject matter
bl
May be filed initially in either the MTC or RTC depending There are some special civil actions which cannot
R o
upon the jurisdiction amount or the nature of the action. be commenced in the MTC, i.e. petitions for
certiorari, prohibition and mandamus
an
Ordinary civil actions are filed as complaints.
a r
Some special civil actions are filed as complaints,
B
Ch
but others are filed as petitions
e s
b l
3. Jurisdiction and venue
R o
an B a r
Ch
 Venue is governed by the general rules on venue, except as otherwise indicated in the
particular rules for special civil actions.
es
b l
o
 Special civil actions within the jurisdiction of first level courts:
R
1. quieting of title if the assessed value is within its jurisdiction
a n
2. partition, if the assessed value is within its jurisdiction (Russel vs. Vestil, March 17,
a r
B
Ch
1999)
3. ejectment suits (Rule 70)
e s
l
4. contempt (Rule 71)
o b
4. Interpleader (Rule 62)
R
a n
Definition
C h
200
 A remedy whereby a person who has property in his possession or has an obligation to
render wholly or partially,
 without claiming any right in both,
r
 comes to court and asks that the defendants who have made conflicting claims upon the
obligation
B a
same property or who consider themselves entitled to demand compliance with the

es
be required to litigate among themselves in order to determine who is entitled to the
l
property or payment of the obligation (Beltran vs. PHHC, 1969).
b
Purpose
R o

an a r
To compel conflicting claimants to interplead and litigate their several claims among
B
 h
themselves (R62S1)
C of one’s liability (Beltran vs. PHHC) e s

To protect a person not against double liability but against a double vexation in respect
b l
a. Requisites for interpleader Ro
a n a r
h B is not disputed;
2) There must C s
1) The plaintiff claims no interest in the subject matter or, his claim
e
l and
at least be two (2) or more CONFLICTING CLAIMANTS;
b
3) The parties to be interpleaded must make effective claims;
oand derived from the same source.(Feria,
(2001) Civil Procedure Annotated ,Vol.2, R
4) The subject matter must be one and the same
n r
p.425)
a B a
b. When to file
C h s
l e
to whom to pay rentals due to conflicting claims on theo
1. Interpleader was found to be a proper action in an action by a lessee b who does not know
R where
property (Pagkalinawan v.
an13, 1986, 145 SCRA 497). r

Rodas, 80 Phil. 281 [1948]) and in an action by a bank the purchaser of a
a
cashier’s check claims it was lost and another has presented it for payment. (Mesina v.
2. It was however found to be improper in an h action where defendants had conflicting B

Intermediate Appéllate Court, No. L-70145, November
C
claims against the plaintiff; (Beltran v. People’s Homesite and Housing Corporation, e No.s
earlier sued the plaintiff and secured a judgment against him which has alreadyb
L-25138, August 28, 1969, 29 SCRA 145) in an action where one of the defendants lhad
final, the action being barred by laches or unreasonable delay; (Wack Wack
R oandGolfinandan
become
an their
Country Club, Inc. v. Won, No. L-23851, March 26; 1976, 70 SCRA 165.)
action where there are non conflicting claims among the defendants, respective
Ch
claims being separate and distinct from each other.Hence, the complaint for interpleader
201
may be dismissed for lack of cause of action. (Vda. De Camilo vs. Aranio, L-15653,
September 29, 1961.)
3. An interpleader is commenced to protect a party, not against double liability, but against
double vexation on account of one liability
a r
B
4. The parties in an interpleader action may file counterclaims, cross-claims, third party
es
complaints and responsive pleadings in the same action, as provided in the second
l
paragraph of Section 5 of Rule 62 of the 1997 Rules of Civil Procedure in the interest of
o b
a complete adjudication of the controversy and its incidents. (Arreza v. Diaz, Jr. , GR No.
133113, August 30, 2001)
R
an
Procedural Features
B a r
h
C claimants to interplead with one another. s
1. Upon the filing of the complaint,
l e
the court shall issue an order requiring the conflicting
2. The court may direct in the b

(Rule 62, Sec. 2)
R o be paid or delivered to the court.

the subject matter of the suit
same order mentioned in the preceding paragraph that
3. The summons shall

a n be accompanied by copies of the complaint
a r and order.
interpleaderh B in Rule 16.

4. The defendants may file a motion to dismiss on the ground of the impropriety of the
C s
action or on other appropriate grounds specified
5. The defendants shall serve a copy of the answer e
b
their co-defendants who may file their reply thereto.l not only on the plaintiff but also on
6. The effect of a failure to plead within theo

Rand thereafter, the Court renders judgment
prescribed period is that, upon motion, the
n r
defendant will be declared in default
a
barring him from any claim in respect of the subject matter.
B a
h
C Remedies (Rule 63) s
5. Declaratory Reliefs and Similar
l e
a. Who may file the action
o b
Any person interested under a deed, will, contract or other R
Rule 63, Section 1. Who may file petition.
a n written instrument, whose rights

a r
regulation may, before breach or violation thereof, bring an action in the appropriate Regional B
are affected by a statute, executive order or regulation, ordinance, or any other governmental
C hor validity arising, and for a declarations

e
Trial Court to determine any question of construction
of his rights or duties, thereunder.
b l
o
clouds therefrom, or to consolidate ownership under Article 1607 of the CivilR
An action for the reformation of an instrument, to quiet title to real property or remove
brought under this Rule.

a n Code, may be
C h
202
Rule 63, Sec. 2. Parties.

All persons who have or claim any interest which would be affected by the declaration shall
be made parties; and no declaration shall, except as otherwise provided in these Rules,
prejudice the rights of persons not parties to the action.
Procedural Features
a r
B
1. The petition must be filed before there is a breach of contract or violation of the statute of
es
ordinance. (Rule 63, Sec. 1)
b l
2. A third-party complaint is not allowed. (Commissioner of Customs v. Cloribel, No. L-
21036, June 30, 1977, 77 SCRA 459))
R o
3. Except in actions for quieting of title, the court’s action in an action for declaratory relief
an r
is discretionary. Thus, the court, motu proprio or upon motion, may refuse to exercise
a
the power to declare rights and to construe instruments in any case where a decision
B
Ch
would not terminate the uncertainty or controversy which gave rise to the action or in any
s
case where the declaration or construction is not necessary under the circumstances.
e
4. When a statute, executive order orl
(Rule 63, Sec. 5)
o b any government regulation or ordinance is alleged to

be unconstitutional, the Solicitor-General should be notified by the party assailing the
same. (Rule 63, Sec. 3)
R
n government ordinance is in question, ther
a should be notified. (Rule 63, Sec. 3)Ba
5. If the validity of a local prosecutor or attorney
6. A compulsoryh
of the local government
CGRcounterclaim e s
is allowed. (Visayan Packing Corp. v. Reparations
lstatute or ordinance before the final

Commission, No. L-29673, November 12, 1987)
b
7. When there is a breach of contract or violation of a
Ro
termination of the case, the case is converted into an ordinary action. (Rule 63, Section
6)
a n a r
b. Requisites of action for declaratory h relief B
C s
e or other written
1. The subject matter of the controversy must be a deed, will, contract
b l
o
instrument, statute, executive order or regulation or ordinance; (Rule 63, Section 1)
R92 Phil. 864 [1953])
n r
2. There must be a justiciable controversy (Obiles v. Republic,
a
3. The controversy must be between persons whose interest is adverse
Ba
C h
4. The parties must have legal interest in the controversy
s
5. The controversy must be ripe for judicial determination (Board of Optometry v. Colet,
l e
G.R. No. 122241, July 30, 1996, 260 SCRA 88)
6. The petition must be filed before there is a breach or violation. (Rule 63, Sec.o
b
R
1.)
a n
C h
203
A petition for declaratory relief is ripe for judicial determination if there is a threatened
litigation in the immediate future, which litigation is imminent and inevitable unless prevented by
the declaratory relief sought. (Tolentino v. Board of Accountancy GR No. L-362, September 28,
1951) .
a r
B
c. When court may refuse to make judicial declaration
es
Rule 63, Sec. 5. Court action discretionary.
b l
Except in actions falling under the second paragraph of section 1 of this Rule, the court,
o
motu proprio or upon motion, may refuse to exercise the power to declare rights and to
R
construe instruments in any case where a decision would not terminate the uncertainty or
an r
controversy which gave rise to the action, or in any case where the declaration or
a
construction is not necessary and proper under the circumstances.
B
Ch e s
b l Cases:
Declaratory Relief Improper in the Following
Immigration, No. R
o of citizenship (Dy Poco v. Commissioner of
1. to obtain judicial declaration
nvalidity or construction to be placed onaarregistration certificate

L-22313, March 31, 1966, 16 SCRA 615; Singson vs. Republic,
athe
No. L-21855, January 30, 1968, 22 SCRA 353);
(Obilesh
2. to determine
B
C v. Republic, supra.)
3. to seek relief on moot questions or to resolve e
s
b l hypothetical, abstract or theoretical
questions, or to decide claims which are uncertain (Lim v. Republic, No. L-29535,
February 27, 1971, 37 SCRA 783);
R o(Dela Llana v. Commission on Elections,
n 80 SCRA 525) r
4. to resolve political issues or questions
a
No. L-47245, December 9, 1977,
B a
C h
5. to test the correctness or validity of a court decision (Tanda v. Aldaya, 52 O.G.
s
e No. 11, 5149
No. 11,5175 (September 15, 1956)
6. to determine hereditary rights (Edades v. Edades, 52 O.G.
b l
o
(September 15, 1956)
R
7. when the petition is based upon the happening of a contingent event;
an a r
8. when the petitioner is not the real party in interest (Santos v. Aquino, 94 Phil. 65
hyet been exhausted. (Ollada v. Centrals B

[1953])
Bank, No. L-11357, May 31, 1962, 5C

9. when administrative remedies have not
SCRA 297)
l eof
o b
10. when the action purports to be a declaratory relief allegedly because the terms
certain ordinances were ambiguous but is, in reality, a petition for the declaration
R
of nullity of these ordinances. (Santos vs. Aquino ,the Municipal Council of
Malabon, G.R. No. L5101, November 28, 1953)
n
a investigation of the
disputed issues rather than a construction of definiteh
11. when judgment would have to be made, only after a judicial
C
stated rights, status and
204
other relations, commonly expressed in written instruments. In this case, what

was sought was the declaration that the private respondent was a corporation
and that it was separate and distinct from C.F. Sharp Kabushiki Kaisha and that,
therefore, it was not liable for the latter’s indebtedness (Kawasaki Port Service
Corp. v. Amores, GR No. L-58340 ,July 16, 1991).
-
a r
Even when the action is for a declaratory judgment, the court may grant such
B
affirmative relief as may be warranted by the evidence when the allegations in the
es
complaint are sufficient to make out a case for specific performance or recovery of
l
property with claims for damages, and the defendants did not raise an issue in the trial
o b
court to challenge the remedy or the form of the action availed of. (Adlawan v. IAC, G.R.
No. 73022 February 9, 1989)
R
an
-
ar
A third-party complaint is not proper when the main case is for a declaratory relief.
B
Ch
This is because in a third-party complaint, the defendant or third-party plaintiff is
s
supposed to seek contribution, indemnity, subrogation or any other relief from the third-
e
l
party defendant in respect of the claim of the plaintiff against him. (Customs v. Cloribel,
b
G.R. No. L-21036 June 30, 1977)
R o
an r
- The non-joinder of persons who may claim interest which may be affected by a
a
declaratory judgment is not a jurisdictional defect, as Section 2 of Rule 63 provides that
B
Ch
said declaration shall not prejudice their interests, unless otherwise provided in the
s
Rules of Court. (Baguio Citizens Action, Inc. v The City Council, etc. of Baguio City, L-
27247, April 20, 1983)
l e
o b
R
d. Conversion to ordinary action
an a r
Rule 63, Sec. 6. Conversion into ordinary action.
B
Ch
If before the final termination of the case, a breach or violation of an instrument or a
s
statute, executive order or regulation, ordinance, or any other governmental regulation
e
l
should take place, the action may thereupon be converted into an ordinary action, and the
b
parties shall be allowed to file such pleadings as may be necessary or proper.
R o
an r
e. Proceedings considered as similar remedies
A. Reformation of an instrument a
C
For an action for reformation of instrument to hprosper, the following requisites must B
of the minds of the parties to the contract;s
concur: (1) there must have been a meeting
l eof
b fraud,
(2) the instrument does not express the true intention of the parties; and (3) the failure
o
the instrument to express the true intention of the parties is due to mistake,
R
inequitable conduct or accident. (Emilio vs. Rapal, G.R. No. 181855, 2010 March 30,
n
2010)
a
B. Consolidation of ownership
C h
205
It is settled that the buyer in a foreclosure sale becomes the absolute owner of the
property purchased if it is not redeemed during the period of one year after the
registration of the sale. As such, he is entitled to the possession of the said property and
can demand it at any time following the consolidation of ownership in his name and the
issuance to him of a new transfer certificate of title. The buyer can in fact demand
possession of the land even during the redemption period except that he has to post a
a r
bond in accordance with Section 7 of Act No. 3135, as amended. No such bond is
required after the redemption period if the property is not redeemed. Possession of the
B
land then becomes an absolute right of the purchaser as confirmed owner. Upon proper
es
application and proof of title, the issuance of the writ of possession becomes a
b l
ministerial duty of the court.(BPI Family Savings Bank, Inc. vs. Golden Power Diesel
Sales Center, Inc., G.R. No. 176019, January 12, 2011 citing China Banking Corporation
R o
v. Lozada, G.R. No. 164919, 4 July 2008, 557 SCRA 177, citing IFC Service Leasing
and Acceptance Corporation v. Nera, 125 Phil. 595 [1967].)
an B a r
h
CC. Quieting of title to real property e s
b l two (2) indispensable requisites must concur,
For an action to quiet title to prosper,
R
the real property subject of othe action; and (2) the deed, claim, encumbrance, or
namely: (1) the plaintiff or complainant has a legal or an equitable title to or interest in
inoperative despite n its prima facie appearance of validity or r

proceeding claimed to be casting cloud on his title must be shown to be in fact invalid or
aGarcia, G.R. No. 173289, February 2010.) a
B
legal efficacy. (Eland
Ch
Philippines, Inc. vs.
e s
Legal title denotes registered ownership, while equitable title means beneficial ownership. In
b l
the absence of such legal or equitable title, or interest, there is no cloud to be prevented or
removed.(Mananquil vs. Moico, G.R. No. 180076, November 21, 2012)
R o
a n a r
h B
s
DECLARATORY RELIEF
What is declaratory relief?
C e
A declaratory relief is an action which any person interestedlunder a deed, will,
contract, or other written instrument, whose rights are afffected by ab
R
or regulation, or ordinance may, before breach or violation thereof,o statute. executive order
bring to determine any
n r
question of construction or validity arising from the instrument or statute and for a
DECLARATION of his RIGHTS or DUTIES thereunder (Mirandon
a vs. Wellington Ty & Bros.,
Ba
Inc., 81 SCRA 506 [1978]).
C h s
l eor
b unius
In a petition for delcaratory relief the subject matter must refer to a deed, will, contract
o
other written instrument, or to a statute or ordinance, to warrant declaratory relief. Any other
est exclusio alterius. A petition for declaratory relief cannot properly have a R
matter not mentioned therein is deemed excluded. This is under the principle of expressio
as its subject matter. (Reyes vs. Ortiz, G.R. No. 137794; August 11, 2010 -n
court decision
a
TDC)
C h
206
What are the requisites for declaratory relief?

a. existence of a justiciable controversy;
b. controversy is between persons whose interests are adverse;
r
c. party seeking the relief has a legal interest in the controversy; and
a
B
d. the issue invoked is ripe for judicial determination (Board of Optometry vs. Colet, 260
s
SCRA 89 [1996])
l e
A justiciable controversy refers to an existing case or controversy that is appropriate or
b
ripe for judicial determination, not one that is conjectural or merely anticipatory.
o
Rremedy improper?
n r of a statute or right.
When is the
aWhere a
Blonger an action for declaratory relief but
there is a BREACH of a contract, or VIOLATION
C h s
Once there is a breach, the remedy is no
some other remedy.
l e
o b
1. Interpleader - filed byR
Distinguish declaratory relief from interpleader
matter.
a n a r
a person who claims NO INTEREST whatsoever in the subject
h B in the controversy.
s
2. Declaratory relief - party seeking relief has LEGAL INTEREST
C e
RTC has original jurisdiction
b l
petitions must be filed wth the RTC, which R
The Supreme Court assumes no jurisdiction oover petitions for declaratory relief. These
an r
has original jurisdiction over the same (In re:
a
Bermudez, 145 SCRA 160 [1986]).
h B
A petition for declaratory reliefC s
eof construction or
l
should be brought “in the appropriate regional trial court.”
b of rights and duties

The purpose of the petition is to ask the court to determine any question
o
validity arising from the subject matter thereof, and for the declaration
pecuniary estimation and must be filed in the RTC (Sec. 19 [1],R

thereunder. Hence, the subject matter of such petition raises issues which are not capable of
nvs.Court r
BP 129; Sec. 1, Rule 63). It
a
would be error to file the petition the petition with the Supreme which has no original
Ba
h
jurisdiction to entertain a petition for declaratory relief (Ortega Quezon City Government,
G.R. No. 161400, September 2, 2005).
C e s
paragraph of Sec. 1 of Rule 63, the jurisdiction will depend upon the assessed value l
However, where the action is for quieting of title which is a similar remedy under the second
property.
o b of the
R
6. Review of Judgments and Final Orders or
a n
Resolution of the COMELEC and COA (Rule 64)
C h
207
a. Application of Rule 65 under Rule 64

b. Distinction in the application of Rule 65 to judgments of the COMELEC and
COA and the application of Rule 65 to other tribunals, persons and officers
a r
REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMELEC
B
AND COA
s
The mode of review of decisions or final orders of COMELEC and COA in the exercise of
- Period for filing l

e
their quasi-judicial functions is by means of petition for CERTIORARI under Rule 65.
- The filingo
b – within 30 days from notice of the judgment or final or resolution.
R
of a motion for new trial or reconsideration of said judgment or final or
n r
resolution, if allowed under the procedural rules of the Commission concerned, shall
aINTERRUPT the 30-day period.
B a
h - If the motion is denied, the aggrieved party may file the petition within the remaining
C notice of default (Rule 64, Sec. 3).e s
period, but which shall not be less than 5 days in any event, reckoned from the
b l
Motion for reconsideration of
Rodecision of COMELEC Division required; not of
COMELEC En Banc
Under Sec. 1 (d) ofa
n
COMELEC Rules of Procedure - no motiona
r
h B
for reconsideration of En
C s
Banc ruling, resolution, order or decision except in election cases.
l e
Motion for reconsideration of COMELEC Division ruling should first be filed with
COMELEC En Banc, whose decision may be brought on
o b certiorari to SC.
Exc. when division committed grave abuse of discretion, in which case the aggrieved
R
party may directly file a petition for certiorari with SC .
a n a r
h
7. Certiorari, Prohibition and Mandamus (Rule 65)
B
a. Definitions and distinctionsC
e s
Certiorari
b l
Definition:
R o
The latin word “certiorari” literally means “to be n r
a informed of, to be made certain in
regard to…” (Black’s law dictionary) Certiorari will issue only to correct errors of B
a
h
jurisdiction and not to correct errors of procedure or mistakes in the court’s findingss
C
l e
b
and conclusions. (Lee vs. People 393 SCRA 397; Microsoft Corporation vs. Best
o
Deal Computer Center 389 SCRA 615)
R
n
Terminology
1) Without jurisdiction – absence of a legal power to determine a the merits of a

Ch
case.
208
2) Excess of jurisdiction – the court has jurisdiction but fails to comply with the
conditions prescribed for its exercise. (Leung Ben v. O’Brien, 38 Phil. 182
[1918]; Tengco v. Jocson, 43 Phil. 715 [1922])
3) Grave abuse of discretion – judicial power is exercised capriciously, arbitrarily
or despotically due to passion or personal hostility. (Gamboa v. Cruz, No. L-
r
56291, June 27, 1988, 162 SCRA 642; Filinvest Credit Corporation v.
a
Intermediate Appellate Court, No. L-65935, September 30, 1988, 166 SCRA 155)
B
The abuse of discretion must be so patent and gross as to amount to an evasion
s
of a positive duty or a virtual duty to perform a duty enjoined by law. (Duero vs.
e
C.A. 373 SCRA 11 GR No.131282; Vda de Daffon vs. CA, 387 SCRA 427 G.R.
lb
No. 129017, August 20, 2002)
R o
PETITION FOR CERTIORARI UNDER RULE 65
a n a r
h B
s
How taken and time for filing (Secs. 1 & 4)
Cor MNT. –
e
l
Verified petition 60 days from notice of judgment, order or resolution, or denial of MR
b
petition shall be granted except o
Period now inextendible. – last paragraph of Section 4: “No extension of time to file the
R for compelling reasons and in no case exceeding fifteen (15)

n r
days” has been DELETED by A.M. No. 07-7-12-SC, effective December 27, 2007.
a a
Hence, petitions for certiorari must be filed strictly within 60 B
C h s
days from notice of judgment
or from the order denying a motion for reconsideration.
e
l courts to grant extensions under
b
If the Court intended to retain the authority of the proper
o
The removal of the said paragraph under R
Section 4 of Rule 65, the paragraph providing for such authority would have been preserved.
ncan no longer be any extension of theCourt r60-dayof

the amendment by A.M. No. 07-7-12-SC of
period within which to file a petition fora certiorari. (Laguna Metts Corporation vs.a
Section 4, Rule 65 simply meant that there
h B
C
Appeals, G.R. No. 185220, July 27, 2009)
e s
The general rule, as held in Laguna Metts Corporation, is that the l
bvs. inCourtDomdom
filing of a petition for
o
certiorari is non-extendible. However, there are exceptions, as stated vs.
R justice or to protect
Sandiganbayan, Labao vs. Flores and Mid-Islands Power Generation of Appeals,
strong public interest (Republic vs. St. Vincent de Paul n r

which can be summarized under two main grounds: to serve substantial
a Colleges, Inc., G.R. No. 192908,
Ba
Ch
August.22, 2012)
e s
b l
 Three (3) essential dates that must be stated in a petition for certiorari
o
resolution was received, second, when a motion for R
under Rule 65 – First, the date when notice of the judgment, final order or
reconsideration was filed, and third, when notice of the n

new trial or
received. This is for the purpose of determining itsa

denial thereof was
C
Marine Services, Inc. vs. Bul-an, 444 SCRA 140 [2004]). h timeliness.. (Seastar
209
Re-filing of petition for certiorari should be done within the 60-day period. Where the
dismissal by the Court of Appeals of the petition for certiorari in CA-G.R. SP No. 69744 for non-
submission of a non-forum shopping certification was without prejudice and petitioner could
r
have re-filed such petition, such re-filing should still be done within the prescribed period under
a
Section 4, Rule 65 of the 1997 Rules of Civil Procedure, or not later than sixty days from notice
B
of the assailed Order of the RTC. (Estrera vs. CA, G.R. No. 154235-36, August 16, 2006)
es
l
Abandonment of judicial courtesy
o b
Unless there is a temporary restraining order or preliminary injunction issued by a
R
higher court, the main or principal case should proceed despite the filing of a petition for
anSection 7. Expediting proceedings; rinjunctive relief. - The court

certiorari questioning an act or omission of a court or tribunal
a
h in which the petition is filed may issueB
C and it may also grant a temporaryerestrainings ordersorderexpediting the proceedings,
injunction for the preservationlof the rights of the parties pending such
or a writ of preliminary
o
proceedings. The petition shallb not interrupt the course of the principal case
R
unless a temporary restraining order or a writ of preliminary injunction has
a n a r
been issued against the public respondent from further proceeding in the
h B
case.
TheC public respondent shall proceed with thesprincipal case within

ten (10) days from the filing of a petition forecertiorari with a higher
b l order or a preliminary
Rbeoa ground
court or tribunal, absent a temporary restraining
injunction, or upon its expiration. Failure of the public respondent to
proceed with the principal case may
charge.
a n for an administrative
a r
h Bor tribunals
Judicial courtesy, therefore, can no longer be used as an excuse by courts
s
C This is the effect of the amendment ofeSection 7.
not to proceed with the principal case.
b l
R o
 Petitions for certiorari, prohibition and mandamus against any interlocutory order are not
a n
available under the Rule on Summary Procedure (Sec. 19), in a petition for a writ of
a r
(Sec. 19, Rule on the Writ of Habeas Data). and small claims cases (Sec. 14 (g). A.M. B
Ch
amparo (Sec. 19, Rule on the Writ of Amparo), and in a petition for a writ of habeas data
No. 08-8-7-SC). By implication it is available against the judgment.

e s
b l
R
 If involving acts or omissions of a quasi-judicial agency, petition filed in CA (Sec.o 4)
an
Requisites:
Ch
210
a. Tribunal, board or officer exercises judicial or quasi-judicial functions

b. Tribunal, board or officer has acted without or in excess of jurisdiction or with grave
abuse of discretion amounting to lack or excess of jurisdiction
a r
Denial of motion to dismiss or to quash, being interlocutory, cannot be
B
questioned by certiorari; it cannot be subject of appeal, until final order or
es
judgment is rendered. Remedy: to continue the case in due course and, when an
l
unfavorable verdict is handed down, to take an appeal in the manner authorized by law.
o b
Exceptions (when recourse to certiorari or mandamus appropriate): (a) when trial court
issued the order without or excess of jurisdiction; (b) when there is patent grave abuse of
R
discretion by the trial court; or (c) when appeal would not prove to be a speedy and
an r
adequate remedy as when an appeal would not promptly relieve defendants from the
a
injurious effects of the patently mistaken order (DBP vs. La Campana Development
B
Ch
Corp., 448 SCRA 384 [2005]).
e s
bl
c. NO APPEAL or any plain, speedy and adequate remedy in the ordinary course of law for
o
the purpose of annulling or modifying the proceeding
R
an a r
Generally, if appeal is available, certiorari cannot be resorted to.
B
Ch
Appeal and certiorari are mutually exclusive and not alternative or successive.
e s
b l
Certiorari filed instead of appeal during the period of appeal did not toll the period or
o
prevent judgment from becoming final (Del Rosario vs. Galagot, Galagot, 166 SCRA
429[1998]).
R
an B a r
Ch
If remedy of appeal had already been lost by petitioner’s own neglect or error in choice
s
of remedies, certiorari will not lie as substitute or tool to shield petitioner from adverse
e
l
consequences of such neglect of error (Professional Regulations Commission vs. CA, 292
b
SCRA 155[1998]).
R o
n r
Exceptions:
a
a. when public welfare and advancement of public policy dictate
Ba
Ch s
b. when broader interest of justice so requires
c. when writs issued are null and void
l e
b
d. when questioned order amounts to an oppressive exercise of judicial authority
Ro
e. where appeal is not adequate, speedy and effective
anof
Ch or
In any of such instances, special civil action of certiorari may be availed
- even during the pendency of the case or even after judgment,
211
- even when appeal has been availed of
 Availability of appeal does not foreclose recourse to certiorari where appeal is

not adequate, or equally beneficial, speedy and sufficient (PNB vs. Sayoc, 292
SCRA 365 [1998]).
a r

B
While general rule is that special civil action of certiorari may not be used as
es
substitute for lapsed appeal, rule may be relaxed when rigid application will
l
result in manifest failure or miscarriage of justice (Mejares vs. Reyes, 254
b
SCRA 425 [1992]).
>When R
o
appeal. n r in the main case, while certiorari is
remedies are not incompatible, filing of certiorari not abandonment of
a against the order denying the motion B for a

In this case, the appeal is from the decision
C230h[1990]; St. Peter Memorial Park vs. Campos,

directed
s
new trial (Lansang Jr. vs. CA, 184 SCRA
63 SCRA 180 [1975]). – Lansang: After
certain incidents therein may prosperlwhere

judgment is rendered and an appeal therefrom
e the appeal does not appear to be a plain,
perfected, a petition for certiorari relating to
speedy and adequate remedy. Appeal

o b and certiorari are not remedies that exclude each
Rfor reconsideration, which in effect wasP250
other. Although notice of appeal indicated that Lansang was appealing from the decision
he filed certiorari againstn the order, because of the daily penalty of r

and order denying his motion a motion for new trial,
a B a mentioned in the
h
award (1985).
C s
e petition against the order
l
b issuance of a writ of execution.
> An appeal from the judgment does not bar a certiorari
Appeal would not be an adequate remedy from o

granting execution pending appeal and the concomitant
R PCIBank, 468 SCRA 256, [2005])

such premature execution when the same is
n r
not founded on good reasons (Manacop vs. Equitable
a for certiorari under Rule 65 and B

a
C
> Simultaneous filing of a petition h s
an ordinary
appeal under Rule 41 cannot be allowed since one remedy would necessarily
other. For certiorari to prosper, it is not enough that the trial court committed e cancel each
lthere be no appeal,
grave abuse of
discretion amounting to lack or excess of jurisdiction; the requirement that
b
o etc. While it may be
or any plain, speedy and adequate remedy in the ordinary course of law must also be satisfied.
R
This is true even if the error ascribed to the trial court is lack of jurisdiction,
n if there is an appeal, etc. If ar
true that a judgment or final order was rendered under circumstances that would otherwise
a
the court has jurisdiction over the subject matter and of the persons, its ruling upon all questions B
justify resort to a special civil action, the latter would be unavailing
C h only by appeal from the decisions

e
involved are within its jurisdiction and may be corrected
(Manacop vs. Equitable PCIBank, 468 SCRA 256, [2005])
b l
R o
*** In a special civil action for certiorari, the Court of Appeals has ample authority to
receive new evidence and perform any act necessary to resolve factual issues.
Section 9 of Batas Pambansa Blg. 129, as amended, states that, "The a
n
have the power to try cases and conduct hearings, receive evidenceh
Court of Appeals shall
C
and perform any and all
212
acts necessary to resolve factual issues raised in cases falling within its original and appellate
jurisdiction, including the power to grant and conduct new trials or further proceedings.” (Sps.
Marcelo vs. LBC Bank, G.R. No. 183575, April 11, 2011) – TDC
 Motion for reconsideration required before certiorari can be filed (Rule 65, Section
a r
4) Its purpose is to grant an opportunity for the court to correct any actual or perceived
error attributed to it by the re-examination of the legal and factual circumstances of the
case.
B
es
 Exceptions:
bl
o
(a) where the order is a patent nullity, as where the court a quo has no jurisdiction;
Rthe questions raised in the certiorari proceeding
n upon by the lower court, or are the same r
(b) where have been duly raised and
a court;
passed
B a as those raised and passed upon in the
h
lower
C (c)delaywhere
would prejudice the interests e
s
there is an urgent necessity for the resolution of the question and any further
matter of the action is perishable; l

of the government or the petitioner or the subject
o b a motion for reconsideration would be useless;

(e) where petitioner was R
(d) where, under the circumstances,
a n r and the granting of

deprived of due process and there is extreme urgency for relief;
a
h B
(f) where, in a criminal case, relief from an order of arrest is urgent
Cproceedings in the lower court are a nullity s

such relief by the trial court is improbable;
(g) where the
l ethe petitioner had no opportunity to
for lack of due process;
(h) where the proceedings was ex parte or in which
object; and
o b
Rof lawNational
n Bank, G.R. No. 194104,r
(i) where the issue raised is one purely or where public interest is involved .
13, 2013; Republic vs. Bayao, G.R.aNo. 179492, June 5, 2013) a

(Novateknika Land Corporation vs. Philippine March
h B
C s
e assailing an
Does the CTA have jurisdiction over a special civil action for certiorari
b l
o
interlocutory order issued by the RTC in a local tax case?
interlocutory orders issued by the RTC in a local tax case isn

R for certiorari questioning
a of its appellate jurisdiction. Bar
YES. The authority of the CTA to take cognizance of petitions
included in the powers granted by
the Constitution as well as inherent in the exercise
C hjudicial abhorrence to split jurisdiction tos

conclude that the intention of the law is to divide the authority over a local tax case filed with e
It would be somewhat incongruent with the pronounced
b l the
RTC by giving to the CA or this Court jurisdiction to issue a writ of certiorari against interlocutory
o
orders of the RTC but giving to the CTA the jurisdiction over the appeal from the decision of the
trial court in the same case. It is more in consonance with logic and legalR
an in aid of such
soundness to
conclude that the grant of appellate jurisdiction to the CTA over tax cases filed in and decided
ChFebruary 4, 2014. En
by the RTC carries with it the power to issue a writ of certiorari when necessary
appellate jurisdiction. (City of Manila vs. Cuerdo, G.R. No. 175723,
213
Banc)
PROHIBITION
r
What is the purpose of prohibition?
orderly administration of justice.

B a
To prevent unlawful and oppressive exercise of legal authority and to provide for a fair and
e s
It is directed against proceedings that are done by
b l board or officer whether exercising

a. any tribunal, corporation,
R o
b. judicial, quasi-judicial or ministerial functions,
c. without or in excess of jurisdiction, or with grave abuse of discretion,
n being no appeal or other plain, speedy r
a – not to correct errors of judgment butBtoaprevent or restrain usurpation by inferior
d. there and adequate remedy in the ordinary
h
course of law (Rule 65. Sec. 1).
C and to compel them to observe the elimitation

Prohibition
s of their jurisdictions.
lthe doing of some act to be done. Not intended to
tribunals
o
It is a PREVENTIVE remedy, to restrain b
R
provide a remedy for acts already accomplished.
a
When does prohibition lie againstn an accomplished act?
a r done without or in
excess of jurisdiction,h
When the wrongful act is continuing or the questioned act is a NULLITY,
B
C
plain, speedy and adequate remedy in the ordinary course ofe
s
or with grave abuse of discretion, and there being no appeal or other
312 [1977]).
b l law (Vergara vs. Roque, 78 SCRA
o
*** A petition for prohibition and injunction R
already fait accompli.
a n can be availed of to restrain an act that is
a r
The present action is a petition for h prohibition, certiorari, injunction, restraining B
C s
order and all
other legal, just and equitable reliefs. It has been held that the
injunction are preventive and, as such, cannot be availed of to restrain an act
remedies
e of prohibition
l accomplished or
and
that is already fait
accompli. Where the act sought to be prohibited or enjoined has already been
b
is already moot, this Court may still resolve its merits for the future o
consummated, prohibition or injunction becomes moot. Nevertheless, even if the principal issue
bar. Courts will decide a question otherwise moot and academicR

guidance of both bench and
evading review.”
a n if it is “capable of repetition, yet
a r
There are times when the controversy is of such character that, to prevent its recurrence and B
C hmust pass on the merits of a case. Thiss
e
to assure respect for constitutional limitations, this Court
is one such case. If not addressed here and now, there is great probability that the central
l
such an act would give rise to mischief and dangerous precedent whereby those in the b
question involved in this case will haunt us again in the future. Furthermore, if not corrected,
of power could avoid judicial intervention and review by merely speedily and
R o corridors
stealthily
completing the commission of an illegality.
n
a Guidote-Alvarez,
In any event, the present petition is also for certiorari and there is no procedural bar for the
Court to pass upon the question of whether the proclamations of respondents
C h
214
Caparas, Mañosa and Moreno as National Artists were attended by grave abuse of presidential
discretion. (National Artists vs. Executive Secretary , G.R. No.: 189028, July 16, 2013) - TDC
Grave abuse of discretion – lower court has exercised its power in an arbitrary or despotic
r
manner, by reason of passion or personal hostility, and it must be so patent and gross as to
a
B
amount to an evasion, or to a virtual refusal to perform the duty enjoined or to act in
s
contemplation of law.
l e
Excess of jurisdiction – the court, board or officer has jurisdiction over a case but has
o b
transcended the same or acted without any authority.
R
an r
MANDAMUS
When is mandamus the proper remedy?
B a
Ch
It is the proper remedy if it can be shown that there is neglect on the part of a tribunal or
e s
officer in the performance of an act which the law specifically enjoins as a duty or an unlawful
l
exclusion of a party from the use and enjoyment of a right or office to which he is entitled.
b
Requisites for mandamus to issue o a CLEAR LEGAL RIGHT to the thing demanded. The
Rhave
right must ben r 26 SCRA 203
a. The applicant must
[1968]). a a
well-defined, clear and certain (Lemi vs. Valencia,
C h never issues in doubtful cases, norswillBit issue to establish a legal

e clearly established (Lim Tay vs.
b. Mandamus
right, but only to ENFORCE one that is already
CA, 293 SCRA 634 [1998]). l
bTO PERFORM the act concerning which
c. The respondent must have the POWER o
Rto perform
n r vs.
the application for mandamus is made. For mandamus is a command to exercise
a power already possessed and
a a
a duty already imposed (Alzate
B
h
Aldona, 8 SCRA 219 [1965]).
C to perform it (Assn. of Small Landowners s

e vs. Secretary
d. There must be UNREASONABLE DELAY in the performance of the duty,
notwithstanding demand
of Agrarian Reform, 175 SCRA 343 [1989].
b l
R o
Ministerial and discretionary power
a n a r
It does not lie to control discretion, although h it may issue to compel the exercise of B
Mandamus will lie to compel the doing of a ministerial act.
discretion but not the discretion itself. Mandamus C can require action only but not specific actions
l e
b
where the act sought to be performed involves the exercise of discretion (Sharp International
Marketing vs. CA. 201 SCRA 299 [1991])
R o
*** Mandamus is employed to compel the performance, when refused, of an
but not to compel the performance of a discretionary duty. The legal righta
ministerial duty,
the particular act sought to be compelled must be clear and complete.

C h to the performance of
Otherwise, where the
215
right sought to be enforced is in substantial doubt or dispute, mandamus cannot issue. Thus,
the issuance by the LRA officials of a decree of registration is not a purely ministerial duty in
cases where they find that such would result to the double titling of the same parcel of land.
(Fidela R. Angeles vs. The Secretary of Justice, G.R. No. 142549, March 9, 2010) - TDC
a r
When can mandamus issue to compel a discretionary act? – when there is grave abuse
of discretion.
B
s
Ordinarily, mandamus will not prosper to compel a discretionary act. But where there is
e
l
“gross abuse of discretion, manifest injustice or palpable excess of authority” eguivalent to
o b
denial of a settled right to which petitioner is entitled, and there is no other plain, speedy and
adequate remedy, the writ shall issue (First Philippine Holdings vs. Sandiganbayan, 253 SCRA
30 [1996]).
R
anWhere the position is disputed by B twoa
r
When mandamus may not lie
Ch mandamus
1. persons who both claim a right thereto,
e s for QUO WARRANTO which tests the title to

does not lie to oust the person who occupies it and exercises its
l and to oust the holder from its enjoyment (Garces

functions. The remedy is an action
o
vs. CA, 159 SCRA 99 [1996]). b
one’s office claimed by another
2.
R
Mandamus does not lie to enforce the performance of contractual obligations. A
a n (Aprueba vs. Ganzon, 18 SCRA 8 [1966]). a r

contractual obligation is not a duty specifically enjoined by law resulting from
Bdoes not lie to compel the

office, trust or station
3.
C hauthoritypowerto appoint
The appointing
s
being discretionary, mandamus
appointing
l evs. De Guzman, Jr., 249 SCRA 126
a particular person to a particular position, though
b
how qualified he may be to the position (Gloria
o
[1995]).
R
b. Requisites
a n a r
h B
c. When petition for certiorari C, prohibition and mandamus is proper s
ev. Pajarillo, 78 Phil.
1. When appeal is not a speedy and adequate remedy (Saludes
b l
754 [1947])
2. When an order is issued without or in excess of R
o
Bank v. Florendo, G.R. No. 62082, February 26,n r
jurisdiction; (Philippine National
3. In consideration of public welfare and for thea a

1992, 206 SCRA 582)
h 574)
advancement of public policy (Jose v.
B
Zulueta, No. L-16598, May 31, 1961, 2 SCRA
C e s
4. Order is a patent nullity (Marcelo v. De Guzman, No. L-29077. June 29, 1982, 114
b l
o
SCRA 657)
R
5. To avoid future litigation (St. Peter Memorial Park, Inc. v. Campos, Jr., No. L-
38280, March 21, 1975, 63 SCRA 180);
6. To avoid a miscarriage of justice (Escudero v. Dulay, No. L-60578,
n
a February 23,
Ch
1988, 158 SCRA 69.);
216
7. In furtherance of the broader interest of justice and equities (Marahay v. Melicor,

G.R. No. 44980, February 6, 1990, 181 SCRA 811).
d. Injunctive relief
r
SECTION 7. Expediting proceedings; injunctive relief . — The court in which the
B a
petition is filed may issue orders expediting the proceedings, and it may also grant a
temporary restraining order or a writ of preliminary injunction for the preservation of the
s
rights of the parties pending such proceedings. The petition shall not interrupt the course of
e
l
the principal case unless a temporary restraining order or a writ of preliminary injunction has
b
been issued against the public respondent from further proceeding in the case.
R o
n from Injunction; when and wherer
e. Certiorari distinguished from Appeal by Certiorari; Prohibition and Mandamus
a
distinguished
a to file petition
B as a Special Civil Action (Rule 65)
C h
Certiorari as a Mode of Appeal (Rule 45)
s Certiorari
l e
o b is a A special civil action that is an original action
mode of appeal, which is but aR
Called petition for review on certiorari,
a n appellate process but anr

continuation of and not a mode of appeal, and not a part of the
a
B an interlocutory order
the appellate process over the original case independent action.
h or final orders May be directeds against
Cjudgments
Seeks to review final
l eor where no appeal or plain or
speedyb
of the court
R o remedy available in the ordinary course
anRaises questions of jurisdictionBbecause ar a

of law
Ch tribunal,
Raises only questions of law
s
e acted without
board or officer exercising judicial or
l
b of jurisdiction or with
quasi-judicial functions has
R o
jurisdiction or in excess
grave abuse of discretion amounting to lack of
a
jurisdiction
n a r
Filed within 15 days from notice of judgment or Filed h not later than 60 days from notice of B
C
final order appealed from, or of the denial of judgment, order or resolution sought to e
s
petitioner’s motion for reconsideration or new assailed and in case a motion b l forbe
reconsideration or new trial is o

trial;
R timely filed,
n
whether such motion is required or not, the 60
a
Ch
day period is counted from notice of denial of
said motion;
217
Extension of 30 days may be granted for Extension no longer allowed;

justifiable reasons
Does not require a prior motion for Motion for Reconsideration is a condition
r
reconsideration precedent, subject to exceptions
Stays the judgment appealed from B

a
s
Does not stay the judgment or order subject of
e the petition unless enjoined or restrained

l parties with the The tribunal, board, officer exercising judicial or
b
othe petitioner and the quasi-judicial functions is impleaded as
Parties are the original
appealing party as
R
adverse partyn
athe lower court or judge
as the respondent without respondent
a r
h
impleading
B
C s
e May be filed with the Supreme Court, Court of
Filed with only the Supreme Court
b l
o
Appeals, Sandiganbayan, or Regional Trial
R Court
ground that the appeal a

n
is without merit, or ground that the samea
r
SC may deny the petition motu propio on the Court may dismiss the petition outright on the
prosecuted manifestlyh B for delay, or that the

is patently without merit,
C s
le are too unsubstantial to
for delay, or that the or prosecuted manifestly
questions raised therein are too unsubstantial questions raised
requireb
Ro
to require consideration consideration
a n a r
h B
s
(Prohibition and Mandamus distinguished from Injunction; when and where to file
C e
l
petition
o b
Prohibition Mandamus
R
Injunction
Prohibition is an extraordinary Mandamus is an extraordinary
an Main action for injunction seeks
Ba r
writ commanding a tribunal, writ commanding a tribunal,
corporation, board or person, corporation, boardC
h to enjoin the defendant from
s
or person, to the commission or continuance
l ea
b of the
whether exercising judicial, do an act required to be done: of a specific act, or to compel
quasi-judicial or ministerial (a)
functions, to desist from further neglects the performance of an rights of o
When he unlawfully particular act in violation
R applicant.
the
said act which the law specifically Preliminary n
aremedy to preserve
proceedings when injunction is a
proceedings are without or in enjoins as a duty, and there is provisional
C h
excess of its jurisdiction, or with no other plain, speedy and the status quo and prevent
218
abuse of its discretion, there adequate remedy in the future wrongs in order to
being no appeal or any other ordinary course of law; or preserve and protect certain
plain, speedy and adequate interests or rights during the
remedy in the ordinary course (b) When one unlawfully pendency of an action.
r
of law (Sec. 2, Rule 65). excludes another from the use
a
and enjoyment of a right or
B to(Sec.which
s
office the other is
l e entitled 3, Rule 65).
o b
RProhibition Injunction
an ar
Always the main action May be the main action or just a provisional
h against B
remedy
CDirected a court, a
e s
tribunal Directed against a party
Ground must be that the court actedb

l
exercising judicial or quasi-judicial functions
or in excess of jurisdiction
R o without Does not involve a question of jurisdiction
Prohibition
a n Mandamus
a r
h
To prevent an act by a respondent
Bagainst judicial and non-
To compel an act desired
May be directed C e
against entities exercising May be directeds
b l
judicial or quasi-judicial, or ministerial judicial entities
functions
R o
nQuo warranto r
Extends to discretionary functions Extends only to ministerial functions
Mandamus
a a
B office, or
C h
Clarifies legal duties, not legal titles
s
Clarifies who has legal title to the
franchise
l e
Respondent, without claiming any right to Respondent usurps the office
the office, excludes the petitioner
o b
R
a n a r
B
f. Exceptions to filing of motion for reconsideration Ch before filing petition es
b l
Ro
. Motion for reconsideration is required before certiorari can be filed; exceptions:
2. where the questions raised have been duly raised and passed a nupon by the lower
1. where the order is a patent nullity, as where the court has no jurisdiction
Ch
court, or are the same as those raised before the lower court
219
3. where there is an urgent necessity for the resolution of the question and any further
delay would prejudice the interests of the government or of the petitioner or the
subject matter of the action is perishable
4. where, under the circumstances, a motion for reconsideration would be useless
5. where petitioner was deprived of due process and there is extreme urgency for
relief
a r
B
6. where, in a criminal case, relief from an order of arrest is urgent and the granting of
s
such relief by the trial court is improbable
e
l were ex parte or in which the petitioner had no opportunity
7. where the proceedings in the lower court are a nullity for lack of due process
b
8. where the proceedings
oissue raised is one purely of law or where public interest is involved
to object
Rthe
nwhere judicial intervention is urgent ar
9. where
a10.
11. where its application may cause greatB
h
C 12. failure of a high government official s and irreparable damage
l e from whom relief is sought to act on the matter

b
Ro warrant immediate and more direct action
13. when the issue of non-exhaustion of administrative remedies has been rendered
moot
anRepublic r G.R. No. 194104,

14. where special circumstances
vs. Bayao, G.R. No. 179492, a

((Novateknika Land Corporation vs. Philippine National Bank,
h 242 SCRA 452; Marawi Marantaos General

March 13, 2013;
B Hospital vs. CA, 349
June 5, 2013; Tan, Jr. vs.
C
Sandiganbayan,
e
l
SCRA 321).
o b
R
g. Reliefs petitioner is entitled to
a n a r
h B
Rule 65, Sec. 1 (Certiorari) --C
e s
b
x x x that judgment be rendered annulling or modifying the proceedings l of such
Ro
tribunal, board or officer, and granting such incidental reliefs as law and justice may
require.
an a r
Rule 65, Sec. 2 (Prohibition)
C hthe respondent to desist from furthers B

x x x that judgment be rendered commanding
l e
b
proceedings in the action or matter specified therein, or otherwise granting such
incidental reliefs as law and justice may require.
R o
Rule 65. Sec. 3 (Mandamus)
n
a or at some
other specified by the court, to do the act required to be done toh
x x x that judgment be rendered commanding the respondent, immediately
C
protect the rights of the
220
petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful
acts of the respondent.
r
h. Actions/Omissions of MTC/RTC in election cases
a
B
e s
Rule 65, Sec. 4, as amended by A. M. No. 07-7-12 dated Dec, 12, 2007
b l to an act or omission of a municipal trial court or

If the petition relates
Trial Court o
of a corporation, board, officer or person, it shall be filed with the Regional
SupremeR
exercising jurisdiction over the territorial area as defined by the
a r the Sandiganbayan if it is
n is in aid of its appellate jurisdiction, orawith
Court. It may also be filed with the Court of Appeals whether or not
B involves an act or omission of

the same
h in aid of its appellate jurisdiction. If the petition
C petition shall be filed with and be cognizable s only by the Court of Appeals.
e
a quasi-judicial agency, unless otherwise provided by law or these rules, the
b lan act or omission of a municipal or

regional trial court, the o
In election cases involving
R in aid of its appellate jurisdiction

petition shall be filed exclusively with the
an r
Commission on Elections,
a
BRTC shall be filed with the
C h of courts, no certiorari against the
Following the hierarchy
s
Supreme Court. This will help prevent the clogging of the Supreme
l e Court.Court’s dockets as litigants
b
will be discouraged from filing petitions directly with the Supreme
o
R as ruled by the Supreme Court in
For election cases involving acts or omissions of a municipal or regional trial court, the
petition shall be filed exclusively with the Comelec
a n a r
B
Relampagos vs. Comelec (243 SCRA 690, April 27, 1995).
C h s
l e
i. Where to file petition
See above
o b
R
n
acertiorari) a r
h B
j. Effects of filing of an unmeritorious petition (for
Rule 65
C e s
Section 8. Proceedings after comment is filed. - After the comment or other
pleadings required by the court are filed, or the time for the filing thereof has b l
expired, the court may hear the case or require the parties to submit memoranda.
R
If, after such hearing or filing of memoranda or the expiration of the period for
o
a n
filing, the court finds that the allegations of the petition are true, it shall render
h
judgment for such relief to which the petitioner is entitled.
221
However, the court may dismiss the petition if it finds the same patently
without merit or prosecuted manifestly for delay, or if the questions raised therein
are too unsubstantial to require consideration. In such event, the court may
award in favor of the respondent treble costs solidarily against the petitioner
and counsel, in addition to subjecting counsel to administrative sanctions
under Rules 139 and 139-B of the Rules of Court.
a r
The Court may impose motu proprio, based on rep ipsa loquitur, other
B
disciplinary sanctions or measures on erring lawyers for patently dilatory
s
and unmeritorious petitions for certiorari.
l e
b
8. Quo Warranto (Rule 66)
o
R
an ar
a. Distinguish from Quo Warranto in the Omnibus Election Code
B
Ch e s
b l Quo Warranto (Election Code)
o to an Subject of the petition is in relation to an
Quo Warranto (Rule 66)
R
Subject of the petition is in relation
The issue is the legality ofa

appointive office;
n
the occupancy of the Grounds relied upon a
elective office;
r
happointment; B to the Republic.
are: (a) ineligibility to the
C
office by virtue of a legal
s
e with the COMELEC by any
position; or (b) disloyalty
l
b the election of any member of
Petition is brought either to the Supreme Court, May be instituted
o
the Court of Appeals or the Regional Trial voter contesting
Court;
R
Congress, regional, provincial or city officer; or
n
a barangay official;
to the MeTC, MTC or MCTC if against any
a r
Filed within one (1) year from theh
B
C
cause of ouster, or the right of the petitioner to of the results of the election;e
s
time the Filed within ten (10) days after the proclamation
b l
Petitioner may be o
hold the office or position arose;
Petitioner is the person entitled to the office;
R any voter even if he is not
The court has to declare who the person When thea

n
entitled to the office;
a r
C h he will be unseated but the persons B
tribunal declares the candidate-elect
e
entitled to the office is if he is the petitioner. as ineligible,
occupying the second place will not be declared
as the one duly elected because the b
l
o
law shall
R a plurality
consider only the person who, having duly filed
n
his certificate of candidacy, received
a
h
of votes.
222
b. When government commences an action against individuals
r
Rule 66, Section 1. Action by Government against individuals.
a
B
es
An action for the usurpation of a public office, position or franchise may be commenced by a
l
verified petition brought in the name of the Republic of the Philippines against:
b
R o
(a) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, position
an r
or franchise;
a
B by the provision of law, constitutes a
(b) A h
C for the forfeiture of his office; or e s
public officer who does or suffers an act which,
l
ground
(c) An association which acts as o

b
R so to act.
a corporation within the Philippines without being legally
n r
incorporated or without lawful authority
c. When individualh
a B a
C s
may commence an action
Rule 66, Sec. 5. When an individual may commence such
l e an action.
A person claiming to be entitled to a public office orb position usurped or unlawfully held or
Ro
exercised by another may bring an action therefor in his own name. (6)
an B a r
Rule 66, Sec. 9. Judgment whereh
d. Judgment in Quo Warranto action
C s
le holding or
usurpation found.
exercising a public office, position or franchise, judgment shall b

When the respondent is found guilty of usurping, intruding into, or unlawfully
respondent be ousted and altogether excluded therefrom, and thato

be rendered that such
R
the petitioner or relator, as
an r
the case may be, recover his costs. Such further judgment may be rendered determining the
a
respective rights in and to the public office, position or franchise of all the parties to the action as
B
Ch
justice requires.
e s
b l
e. Rights of a person adjudged entitled to public office
o
R delivery of
anto be entitled to
Rule 66, Sec. 10. Rights of persons adjudged entitled to public office;
books and papers; damages.
Ch any official bond

If judgment be rendered in favor of the person averred in the complaint
the public office he may, after taking the oath of office and executing
223
required by law, take upon himself the execution of the office, and may immediately
thereafter demand of the respondent all the books and papers in the respondent’s custody or
control appertaining to the office to which the judgment relates. If the respondent refuses or
neglects to deliver any book or paper pursuant to such demand, he may be punished for
contempt as having disobeyed a lawful order of the court. The person adjudged entitled to
the office may also bring action against the respondent to recover the damages sustained by
r
such person by reason of the usurpation.
a
B
s
QUO WARRANTO
What is quo warranto?
l e
b
A petition for quo warranto is a proceeding to determine the right of a person to the use or
o
exercise of a franchise or office and to oust the holder from its enjoyment, if his claim is not well-
R
founded, or if he has forfeited his right to enjoy the privilege (Mendoza vs. Allas, 302 SCRA 623
[1999]).
a n a r
h B
s
Quo warranto and mandamus distinguished
C eoffice or franchise and to oust the holder from its
Quo warranto – remedy to try the right to an
l
b into office.
Mandamus – lies to enforce clearo
enjoyment. There is usurpation or intrusion
R petitioner therefrom.
legal duties, not to try disputed titles. Respondent, without
n r
claiming any right to an office, excludes
Who may be parties? a a

hto be entitled to a public office may bring Ban action for quo warranto
C
Any person claiming
s
eand all who claim to be entitled to
without the intervention of the Solicitor General.
b
Only the person who is in unlawful possession of the office,l
R
that office may be made parties in order to determine o their respective rights thereto in the same
n r
action.
a a
Bfiled within
Period for filing
h s
Cwas ousted from his position. This periode is not interrupted
A petition for quo warranto and mandamus affecting titles to public office must be
one (1) year from the date petitioner
l
While it may be desirable that administrative remedies be first b
by the prosecution of any administrative remedy.
R o resorted to, no one is

compelled or bound to do so, and as said remedies neither are prerequisite to nor bar the
an a r
institution of quo warranto proceedings, it follows that he who claims the right to hold a public
B
Ch vs. Roxas, 67 SCRA 8 [1975]). es
office allegedly usurped by another and who desires to seek redress in the court, should file the
proper judicial action within the reglementary period (Galano
l
Laches does not attach and failure to file quo warranto proceeding does notb
Exception to one year period
adversely against a dismissed government employee where it was the act of o

operate
R responsible
an
govenrment officials which contributed to the delay in the filing of the complaint for
Ch
reinstatement (Cristobal vs. Melchor, 78 SCRA 175 [1977])
224
9. Expropriation (Rule 67)

a. Matters to allege in complaint for expropriation
Rule 67, Section 1. The complaint.
The right of eminent domain shall be exercised by the filing of a verified complaint which
a r
shall (a) state with certainty the right and purpose of expropriation, (b) describe the real or
personal property sought to be expropriated, and (c) join as defendants all persons owning or
B
claiming to own, or occupying, any part thereof or interest therein, showing, so far as
s
practicable, the separate interest of each defendant. If the title to any property sought to be
e
l
expropriated appears to be in the Republic of the Philippines, although occupied by private
b
individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with
o
accuracy or certainty specify who are the real owners, averment to that effect shall be made in
R
the complaint.
an B ar
Chand purpose of expropriation;
Contents of Complaint
1. Right
e s
2. All persons owning or claiming to b
l
1. Description of the real or personal property sought to be expropriated;
Ro as far as practicable, the separate interest of each

own or occupying any part or interest therein must be
named as defendants, showing,
defendants;
a n a r of the Philippines,
B or doubtful, averment to
3. If the title of the property to be expropriated is in the name of the Republic
h
that effect shall be made in the complaint. (Rule 67, Sections
although occupied by private individuals, or if the title is obscure
C eRepublic, there is no sense in the
1)
l
Republic instituting expropriation proceedings againstb
4. **** When the property already appears to belong to the
complaint for expropriation against the privateR

o itself. It can still, however, file a
n r
persons occupying the property. In such an
a
expropriation case, the owner of the property is not an indispensable party.(Republic vs.
B a
Mangotara, G.R. No. 170375, October
C h 13, 2010) - TDC
s
l e
o b
R
b. Two stages in every action for expropriation
a n a r
Two (2) Stages in Expropriation Proceedings
h
1. Determination of the authority of the plaintiff to exercise the power of eminents
B
C
domain and the propriety of its exercise in the context of the facts. This stageeis
terminated by either an order of dismissal of the action or order of the condemnation
b l
appealable. (Municipality of Binan v. Garcia, G.R. No. 69260, December
R o22, 1989,
declaring that expropriation is proper and legal. These orders are final and therefore
180 SCRA 576)

a n of not more
h
2. Determination of just compensation. This is done with the assistance
C
than three (3) commissioners. The order fixing just compensation is also final and
225
appealable. (Municipality of Binan v. Garcia, G.R. No. 69260, December 22, 1989,
180 SCRA 576) Just compensation is to be determined as of the date of the taking of
the propriety or the filing of the complaint, whichever comes first.
c. When plaintiff can immediately enter into possession of the real property, in
relation to RA 8974
a r
B
Expropriation procedures under Republic Act No. 8974 and Rule 67 of the Rules of
es
Court speak of different procedures, with the former specifically governing expropriation
b l
proceedings for national government infrastructure projects. (Republic of the Philippines,
Represented by the Toll Regulatory Board vs. Holy Trinity Realty Development Corp., G.R.
o
No. 172410, April 14, 2008.)
R
an ar
The most crucial difference between Rule 67 and Rep. Act No. 8974 concerns the
B
Ch
particular essential step the Government has to undertake to be entitled to a writ of
s
possession. To be entitled to a writ of possession, Rule 67 merely requires the Government
e
l
to deposit with an authorized government depositary the assessed value of the property for
b
expropriation for it to be entitled to a writ of possession.
R
payment to the property owner beforeo the writ may issue. Moreover, such payment is based
On the other hand, Rep. Act No. 8974 requires that the Government make a direct
an cost method, or if no such Bvaluation ar is available and in

on the zonal valuation of the BIR in the case of land, the value of the improvements or
structures under the replacement
Ch166429, December 19, 2005) es

cases of utmost urgency, the proffered value of the property to be seized. (Republic vs.
Gingoyon, G.R. No.
b l the system of deposit under Rule

67 with the scheme of "immediate payment"oin cases involving national government
It is the plain intent of Rep. Act No. 8974 to supersede
RG.R. No. 166429, December 19, 2005 )

n
infrastructure projects. (Republic vs. Gingoyon,
a a r
h B continued
At the same time, Section 14
C aspects when it provides "allematters s
of the Implementing Rules recognizes the
l
applicability of Rule 67 on procedural regarding
b
defenses and objections to the complaint, issues on uncertain ownership and conflicting
oof Rule 67 of the Rules of

claims, effects of appeal on the rights of the parties, and such other incidents affecting the
Court." (Republic vs. Gingoyon, G.R. No. 166429, DecemberR

complaint shall be resolved under the provisions on expropriation
n r
19, 2005)
Under Rule 67, Sec. 2, the only requirement h

a
for immediate possession is notice to the B
a
owner of the property and deposit of the amount C equivalent to the assessed value of the
e s
property. (National Power Corporation v. Jocson, GR Nos. 94193-99, February 25, 1992)
b lif the
preliminary deposit has already been made by the expropriator. (Biglang-Awao
The issuance of the writ of possession becomes a ministerial duty of the court
R
v. Bacalla,
n
GR Nos. 139927 and 139936, November 22, 2000)
Just compensation is determined as of time of taking of h

a
C
property or filing of the
226
complaint, whichever comes first (Republic vs. Vda. de Castellvi, G.R. No. L-20620,
August 15, 1974)
There is taking when:
r
1. the expropriator enters a private property;
2.
a
the entry must be for more than a momentary period;
B or color of legal authority;
es to a public use or otherwise informally appropriated or
3. the entry should be under warrant
injuriously affected;land
4. the property must be devoted
o b
5. the utilization of the property for public use must be in such a way as to oust the owner
Purpose R
and deprive him of all beneficial enjoyment of the property. (Didipio Earth-Savers’ Multi-
a n r
Association, Incorporated vs. Elisea Gozun, G.R. No. 157882, March 30, 2006)
a
h Band and
s vs. Pineda, GR rule
The appointment of commissioners is mandatory cannot be dispensed with, without
CRevised Rules of Court( Manila ElectriceCompany
violating the constitutional right to due process the mandated established by the
13, 1992)
b l No. L-59791, February
R
The court has the jurisdictiono to determine, in the same expropriation proceedings,
thereof. (Republic vs. CFIn
a of Pampangs, L-27006, June 30, 1970)Bar
conflicting claims of ownership over the property involved and declare the lawful owner
h
In the event the judgment of expropriation is reversedsby the appellate court and the
C
case is remanded to the lower court with the mandate toe
b
the landowner, such landowner has the option of proving l determine the damages caused to
such damages either in the same
Angeles, 55 Phil. 776), as the judgment denyingo

expropriation case or in a separate action instituted for that purpose (MWV vs. De los
R theexpropriation
right of expropriation is not res judicata
a n
on the issue of damages arising from such illegal
r
(Republic vs. Baylosis, 109
a
B
Phil. 580)
C h s
l e
b
d. New system of immediate payment of initial just compensation
See above
R o
a n a r
B
e. Defenses and objections
C h s
If a defendant has no objection or defense to the action or the taking of his property,e
Rule 67, Sec. 3. Defenses and objections.
b
may file and serve a notice of appearance and a manifestation to that effect, specifically l he
R o
designating or identifying the property in which he claims to be interested, within the time
stated in the summons. Thereafter, he shall be entitled to notice of all proceedings affecting
the same.
a n
C h
227
If a defendant has any objection to the filing of or the allegations in the complaint, or any
objection or defense to the taking of his property, he shall serve his answer within the time
stated in the summons. The answer shall specifically designate or identify the property in
which he claims to have an interest, state the nature and extent of the interest claimed, and
adduce all his objections and defenses to the taking of his property. No counterclaim, cross-
claim or third-party complaint shall be alleged or allowed in the answer or any subsequent
pleading.
a r
B
es
A defendant waives all defenses and objections not so alleged but the court, in the
l
interest of justice, may permit amendments to the answer to be made not later than ten (10)
o b
days from the filing thereof. However, at the trial of the issue of just compensation, whether
or not a defendant has previously appeared or answered, he may present evidence as to the
R
amount of the compensation to be paid for his property, and he may share in the distribution
an r
of the award.
B a
Ch of Expropriation
f. Order
e s
b
Rule 67, Sec. 4. Order of expropriation. l
property are overruled, or wheno
If the objections to and the defenses against the right of the plaintiff to expropriate the
R no partydeclaring
appears to defend as required by this Rule, the
n
court may issue an order of expropriation
a of just compensation to be determined
the property sought to be
a
expropriated, for the public use or purpose r described in the
that the plaintiff has a lawful right to take
h
complaint, upon the payment
B first.as of the date of the
C
taking of the property
e s
or the filing of the complaint, whichever came
A final order sustaining the right to expropriate theb

l
aggrieved thereby. Such appeal, however, shallo
property may be appealed by any party
R not prevent the court from determining the

n r
just compensation to be paid.
After the rendition of such an h

a a
Bdismiss or
C s
order, the plaintiff shall not be permitted to
e
l
discontinue the proceeding except on such terms as the court deems just and equitable.
o b
g. Ascertainment of just compensation
R
a court shall appoint not more than Bar
n
Rule 67, Sec. 5. Ascertainment of compensation.
three (3) competent and disinterested persons as h

Upon the rendition of the order of expropriation, the
C sought to be taken. The order ofs

commissioners to ascertain and report to
appointment shall designate the time and place of the first session of the hearing to belheld
the court the just compensation for the property
e
by the commissioners and specify the time within which their report shall be submitted
o b to the
R
court.
Copies of the order shall be served on the parties. Objections to thea

n
the commissioners shall be filed with the court within ten (10) days h
appointment of any of
C
from service, and shall be
228
resolved within thirty (30) days after all the commissioners shall have received copies of the
objections.
h. Appointment of Commissioners; Commissioner’s report; Court action upon
r
commissioner’s report
B a
s
See Rule 67, Sec. 5 above
l e
b
Rule 67, Sec. 6. Proceedings by commissioners.
o
R
Before entering upon the performance of their duties, the commissioners shall take and
an r
subscribe an oath that they will faithfully perform their duties as commissioners, which oath
a
shall be filed in court with the other proceedings in the case. Evidence may be introduced by
B
Ch
either party before the commissioners who are authorized to administer oaths on hearings
s
before them, and the commissioners shall, unless the parties consent to the contrary, after
e
l
due notice to the parties to attend, view and examine the property sought to be expropriated
b
and its surroundings, and may measure the same, after which either party may, by himself or
o
counsel, argue the case. The commissioners shall assess the consequential damages to the
R
property not taken and deduct from such consequential damages the consequential benefits
an r
to be derived by the owner from the public use or purpose of the property taken, the
a
operation of its franchise by the corporation or the carrying on of the business of the
B
Ch
corporation or person taking the property. But in no case shall the consequential benefits
actual value of his property so taken.

e s
assessed exceed the consequential damages assessed, or the owner be deprived of the
bl
o
Rreport when any particular portion of the real
Rule 67, Sec. 7. Report by commissioners and judgment thereupon.
estate shall have been passed upon by n them, and may render judgment upon suchr
The court may order the commissioners to
report, and direct the commissioners toa a partial
h B with suchof
proceed with their work as to subsequent portions
C make a full and accurate report to the s

the property sought to be expropriated, and may from time to time so deal
property. The commissioners shall
e
l haveExcept
court of all their
b
proceedings, and such proceedings shall not be effectual until the court shall accepted
otherwise expressly ordered by the court, such report shall beo

their report and rendered judgment in accordance with their recommendations. as
R
filed within sixty (60) days
extended in the discretion of the court. Upon the filing ofn r

from the date the commissioners were notified of their appointment, which time may be
days within which to file objections to the findings ofh

a
shall serve copies thereof on all interested parties, with
such report, the clerk of the court
notice that they are allowed ten (10)
Ba
C
the report, if they so desire.
e s
Rule 67, Sec. 8. Action upon commissioners’ report. b l
o
even before the expiration of such period but after all the interested parties R
Upon the expiration of the period of ten (10) days referred to in the preceding section, or
objections to the report or their statement of agreement therewith, the n have filed their
a or, for cause

court may, after
shown, it may recommit the same to the commissioners for furtherh

hearing, accept the report and render judgment in accordance therewith;
C report of facts; or it may
229
set aside the report and appoint new commissioners; or it may accept the report in part and
reject it in part; and it may make such order or render such judgment as shall secure to the
plaintiff the property essential to the exercise of his right of expropriation, and to the
defendant just compensation for the property so taken.
a r
i. Rights of plaintiff upon judgment and payment
B
Rule 67, Sec. 10. Rights of plaintiff after judgment and payment.
es
Upon payment by the plaintiff to the defendant of the compensation fixed by the judgment,
b l
with legal interest thereon from the taking of the possession of the property, or after tender to
him of the amount so fixed and payment of the costs, the plaintiff shall have the right to enter
R o
upon the property expropriated and to appropriate it for the public use or purpose defined in
the judgment, or to retain it should he have taken immediate possession thereof under the
an ar
provisions of section 2 hereof. If the defendant and his counsel absent themselves from the
B
court, or decline to receive the amount tendered, the same shall be ordered to be deposited
Ch s
in court and such deposit shall have the same effect as actual payment thereof to the
e
defendant or the person ultimately adjudged entitled thereto.
b l
Ro
j. Effect of recording of judgment
a n
Rule 67, Sec. 13. Recording judgment, and its effect.
in expropriation proceedings shall state a
r
h B and the nature of the
The judgment entered definitely, by an adequate
public use or purpose for which it is expropriated. Whensreal estate is expropriated, a

C
description, the particular property or interest therein expropriated,
which the property is situated, and its effect shall be tol

certified copy of such judgment shall be recorded in the eregistry of deeds of the place in
estate so described for such public use or purpose.
o b vest in the plaintiff the title to the real
R
EXPROPRIATION
a n a r
h and expropriation - Eminent domainB
C s
Distinction between eminent domain is the right.
Power of the state to take or authorize the taking of any property within its
e
jurisdiction
l may also be
use without the owner’s consent. Inherent in sovereignty and exists in a sovereign
for public
state without
any recognition thereof in the Constitution. Possessed by the State. Byb
Ro
delegation,
possessed by local govts, other public entities, and public utilities.
an r
Expropriation is the procedure for enforcing said right.
Ba
What are the stages of expropriation?
C h s
1. Determination of the RIGHT TO EXPROPRIATE or the authority of plaintiff to exercise
l ean
power of eminent domain and propriety of its exercise in the context of the facts. It ends with
o
order of condemnation declaring that plaintiff has lawful right to take the property for public b use
R within
or purpose after payment of just compensation to be determined as of the date of filing of the
30 days.
a n
complaint. It may be an order of dismissal. Both orders are final orders, hence appealable
C h
230
2. Determination by the court of JUST COMPENSATION with the assistance of three

commissioners. Order fixing just compensation also final because leaves nothing more to be
done by the court regarding the issue. Also appealable but within 15 days.
What is the period to appeal from order of expropriation?
a r
In actions for eminent domain, as in actions for partition, two appeals are allowed by law.
B
Period is 30 days from notice of order of condemnation Cases where multiple appeals are
s
allowed, where record on appeal is required. In the event of an appeal from a separate
e
judgment, the original record cannot be sent up to the appellate court. The record will have to
l
b
stay with the trial court because it will still try the case as regards the other defendants
(Municipality of Binan vs. Garcia, 180 SCRA 576 [1989]).
R o
an ar
Meaning of just compensation
B
Ch
Just compensation means the market value of the property at the time of taking. It means a
s
full and fair equivalent of the property for the loss sustained. Equivalent shall be real,
e
l
substantial, full and prompt. It must be fair not only to the owner but also to the taker.
o b
The just compensation shouldR
When should just compensation be determined?
n
a or the filing of the complaint, whichever
Sec. 4, Rule 67, Rules of Court
a
to the effect that just compensation is “torbe determined at the
be determined at the time of actual taking. The provisions of
hthe Local Government Code, a substantive

time of taking of the property
Blaw which provides that “the
came first” cannot prevail
C
over Sec. 19, RA 7160,
s
e (The City of Cebu vs. Spouses
l
amount to be paid for the expropriate property shall be determined by the proper court based on
the fair market value at the time of taking the property.”
Degamo, G. R. No. 142971, May 7, 2002).
o b
R
10. Foreclosure of Real Estate Mortgage
a n (Rule 68)
a r
h B
Rule 68, Sec. 2. Judgment C s
a. Judgment on foreclosure for payment or sale
e
If upon the trial in such action the court shall find the facts set forth l
on foreclosure for payment or sale.
o b in the complaint to be
true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation,
R
including interest and other charges as approved by the court, and costs, and shall render
judgment obligee within a period of not less than ninetya

n
judgment for the sum so found due and order that the same be paid to the court or to the
a r
twenty (120) days from the entry of judgment, and that in default of such payment the B
(90) days nor more than one hundred
Ch
property shall be sold at public auction to satisfy the judgment.
e s
b l
Ro
b. Sale of mortgaged property; effect
When the defendant, after being directed to do so as provided in n

Rule 68, Sec. 3. Sale of mortgaged property; effect.
athetherein,
next preceding
upon motion, shall order the property to be sold in the manner and
C h
section, fails to pay the amount of the judgment within the period specified the court,
under the provisions of
231
Rule 39 and other regulations governing sales of real estate under execution. Such sale shall
not affect the rights of persons holding prior encumbrances upon the property or a part
thereof, and when confirmed by an order of the court, also upon motion, it shall operate to
divest the rights in the property of all the parties to the action and to vest their rights in the
purchaser, subject to such rights of redemption as may be allowed by law.
a r
Upon the finality of the order of confirmation or upon the expiration of the period of
B
redemption when allowed by law, the purchaser at the auction sale or last redemptioner, if
es
any, shall be entitled to the possession of the property unless a third party is actually holding
l
the same adversely to the judgment obligor. The said purchaser or last redemptioner may
o b
secure a writ of possession, upon motion, from the court which ordered the foreclosure
c. Disposition of proceeds of sale
R
an r
Rule 68, Sec. 4. Disposition of proceeds of sale.
B a
Ch
The amount realized from the foreclosure sale of the mortgaged property shall, after
s
deducting the costs of the sale, be paid to the person foreclosing the mortgage, and when
l e
there shall be any balance or residue, after paying off the mortgage debt due, the same shall
be paid to junior encumbrancers in the order of their priority, to be ascertained by the court,
o b
or if there be no such encumbrancers or there be a balance or residue after payment to
them, then to the mortgagor or his duly authorized agent, or to the person entitled to it.
R
a n a r
B
Chcourt cannot render deficiencyejudgment
d. Deficiency judgment
(1) Instances when s
Rule 68, Sec. 5. How sale to proceed in case the debt
b l is not all due.
the judgment, as soon as a sufficient portion of o
If the debt for which the mortgage or encumbrance was held is not all due as provided in
R the property has been sold to pay the total
a nother valid charges, the court may, onar
amount and the costs due, the sale shall terminate; and afterwards, as often as more
B to the
becomes due for principal or interest and motion,
h s a rebate of
order more to be sold. But if the property cannot be sold in portions without prejudice
C of the sale be sufficient therefor, thereebeing
parties, the whole shall be ordered to be sold in the first instance, and the entire debt and
costs shall be paid, if the proceeds
interest where such rebate is proper.
b l
Ro
Rule 68, Sec. 6. Deficiency judgment.
If upon the sale of any real property as provided in a
n a r
h of the sale, the court, upon motion, B
the next preceding section there be a
shall render judgment against the defendant forC any such balance for which, by the record ofs
balance due to the plaintiff after applying the proceeds
l e
b
the case, he may be personally liable to the plaintiff, upon which execution may issue
immediately if the balance is all due at the time of the rendition of the judgment; otherwise,
R o
the plaintiff shall be entitled to execution at such time as the balance remaining becomes due
under the terms of the original contract, which time shall be stated in the judgment.
a n
e. Judicial foreclosure versus extrajudicial foreclosure
C h
232
Judicial and extrajudicial foreclosures distinguished

Judicial foreclosure of mortgage is governed by Rule 68 and must be done in accordance
with the procedure therein prescribed.
Extrajudicial foreclosure of mortgage is governed by Act No. 3135 as amended and done by
r
the sheriff pursuant to the special power of attorney inserted in the mortgage document.
a
B
s
Extra-judicial Foreclosure (Act 3135) Judicial foreclosure (Rule 68)
No complaint is filed;
l e Complaint is filed with the courts;
b
There is a right of redemption. Mortgagor has a No right of redemption except when mortgagee
right of redemptiono
R
for 1 year from registration is a banking institution; equity of redemption
of the sale;
a n r of foreclosure sale);
only (90 to 120 days, and any time before
a
B can move for deficiency judgment
confirmation
h
C any deficiency;
Mortgagee
s
has to file a separate action to Mortagagee
recover
l e in the same action
b
Buyer at public auction becomes absolute Buyer at public auction becomes absolute
owner only after finality of ano
R
action for owner only after confirmation of the sale;
consolidation of ownership;
a n power of attorney Mortgagee need not a
r
h to foreclose the of attorney. s B
Mortgagee is given a special be given a special power
C
in the mortgage contract
mortgaged property in case of default.
l e
o b
f. Equity of redemption versus right ofn
R
a
redemption
a r
Right of redemption
h B
C
Right of redemption is the prerogative
s
e of mortgage. No
to re-acquire the mortgaged property after
registration of the foreclosure sale – exists only in extrajudicial foreclosure
b l
o
such right is recognized in judicial foreclosure except only when mortgagee is the PNB or a
In extrajudicial foreclosure, mortgagor may exercise right ofR

bank or banking institution.
an r
redemption within 1 year from
registration of sheriff’s certificate of foreclosure sale.
Ba
C h s
Equity of redemption in judicial foreclosure of mortgage is the right to pay the court or e
Equity of redemption
judgment obligee the amount of the judgment within a period of not less than 90 days nor more
b l the
than 120 days from entry of judgment or even before confirmation of sale by the court. After
o
Rthe 87judgment
an
such order of confirmation, no redemption can be effected. Limpin vs. IAC, 166 SCRA (1988)
In default of such payment, the property shall be sold at public auction to satisfy
Ch
(Rule 68, Sec, 2).
233
Equity of Redemption Right of Redemption

The right of defendant mortgagor to extinguish A right granted to a debtor mortgagor, his
r
the mortgage and retain ownership of the successor in interest or any judicial creditor or
a
property by paying the debt within 90 to 120 judgment creditor or any person having a lien
B
the foreclosure sale but prior tos
days after the entry of judgment or even after on the property subsequent to the mortgage or
l e confirmation. deed of trust under which the property is sold to
o b repurchase the property within one year even

after the confirmation of the sale and even after
R
n r
the registration of the certificate of foreclosure
a sale.
B a
h
provided it is made before the sale issforeclosure of mortgage under Rule 68. This
May be exercised even after the foreclosure There
C
is no right of redemption in a judicial
sale
l e right of redemption exists only in extrajudicial
b foreclosures where there is always a right of
confirmed by order of the court.
R o redemption within one year from the date of
an sale(Sec. 3, Act 3135), r
B a but interpreted by the
C h Court to mean one year from the registration of

s
e In judicial foreclosures there is
the sale.
May also exist in favor or other encumbrances. General rule: l
bequity of redemption which can be
If subsequent lien holders are not impleaded as only an
R o
parties in the foreclosure suit, the judgment in exercised prior to the confirmation of the
favor of the foreclosing mortgagee does n r
a the
bind the other lien holders. In this case,atheir foreclosure sale but before its confirmation,
not foreclosure sale. This means that after the
h B
C
separate foreclosure proceeding has to be proceeds of the sale e
s
equity of redemption remains unforeclosed. A mortgagor may exercise his right of pay the
brought against them to require them to redeem confirmation of the sale.b

l and prevent the
from the first mortgagee or from the party

R o
acquiring the title to the mortgaged property.
n is a right of redemption if the ar
athere
If not by banks, the mortgagors merely have an Exception:
C h is in favor of banks as mortgagees,s B

as mortgagor, to extinguish the mortgage and whether the foreclosure be judicial eor
equity of redemption, which is simply their right, foreclosure
b l is
secured debt prior to the confirmation of the explicitly provided in Sec. 47 of o
retain ownership of the property by paying the extrajudicial. This right of redemption
R the General
foreclosure sale.
the redemption period toa
n
Banking Law of 2000. While the law mentions
Ch of the certificate in
be one year counted
from the date of registration
234
the Registry of Property
Requisites for valid redemption in extrajudicial foreclosure
a r
1.) Redemption must be made within 12 months from registration of sale in the Register of
Deeds.
B
es
2.) Payment of purchase price plus 1% interest per month, together with assessments or
l
taxes thereon, if any, paid by the purchaser after the sale with the same rate of interests.
b
o
3.) Written notice of the redemption must be served on the officer who made the sale and a
R
duplicate filed with the Register of Deeds (Rosales vs. Yboa, 120 SCRA 869 [1983]).
an
Deficiency judgment
B ar
Ch s
Deficiency judgment may be awarded in favor of the plaintiff against the mortgagor, if the
e
proceeds of the sale of the property are not sufficient to satisfy the judgment. Motion for
l
b
deficiency judgment must be filled after then sale, when the deficiency is known.
What is the prescriptive period to

R ofile action for deficiency in extrajudicial foreclosure of
real estate mortgage?
a
Ten (10) years (Arts. 1144 nand 1142, Civil Code)
a r
h
Writ of possession in extrajudicial foreclosure of mortgages
B
C e
l
The purchaser at public auction, who has a rightbto possession that extends after the
De Vera vs. Agloro, 448 SCRA 203 (2005)
expiration of the redemption period, becomes theo

R absolute owner of the property when no
redemption is made
After the 1 year period, the mortgagor a
n a rSec.
h becomes an absolute right of the B
loses all interest over it. The bond required under
C
7 of RA 3135 is no longer needed. Possession
e s purchaser as
l to redeem the
confirmed owner. The purchaser can demand possession at any time following the
b
consolidation of ownership in his name and the issuance to him of a new TCT.
Ro to a purchaser in an
After the consolidation of title in the buyer’s name for failure of the mortgagor
property, the writ of possession becomes a matter of right. Its issuance
extrajudicial foreclosure is a merely ministerial function.
a nSec. 7 of Act 3135 is not, strictly ar

speaking, a “judicial process” as contemplated in Art. h 433 of the Civil Code – it is a non-litigious B
.An ex parte petition for issuance of a possessory writ under
proceeding authorized in an extrajudicial foreclosure C mortgage. It is brought for the benefiteofs

of
to notify the mortgagors since they had already lost all their interests in the property whenlthey
one party only, and without notice to, or consent by any person adversely interested. No need
failed to redeem the same.

o b
Even if the mortgagor appeals an order denying a petition assailing the writR
granted to the buyer and the sale at public auction, the buyer remains inn
of possession
acourt to issue writ

possession of the
h
property pending resolution of the appeal. It is the ministerial duty of the
235
of possession in favor of the purchaser in a foreclosure sale. The trial court has no
discretion on the matter.
A writ of possession is “a writ of execution employed to enforce a judgment to
r
recover the possession of land. It commands the sheriff to enter the land and give possession
a
of it to the person entitled under the judgment.”
B
A writ of possession may be issued under the following instances: (1) in land registration
es
proceedings under Section 17 of Act 496; (2) in a judicial foreclosure, provided the debtor is in
l
possession of the mortgaged realty and no third person, not a party to the foreclosure suit, had
o b
intervened; (3) in an extrajudicial foreclosure of a real estate mortgage under Section 7 of Act
No. 3135, as amended by Act No. 4118; and (4) in execution sales (last paragraph of Section
R
33, Rule 39 of the Rules of Court).
an ar
The present case falls under the third instance. Under Section 7 of Act No. 3135, as amended
B
by Act No. 4118, a writ of possession may be issued either (1) within the one-year redemption
Ch s
period, upon the filing of a bond, or (2) after the lapse of the redemption period, without need of
e
a bond. (PNB vs. Sanao Marketing Corporation, G.R. No. 153951, July 29, 2005)
b l
Ro
A pending action for annulment of mortgage or foreclosure sale does not stay the
issuance of the writ of possession. The trial court, where the application for a writ of
foreclosure. The purchaser isn r to the outcome of

possession is filed, does not need to look into the validity of the mortgage or the manner of its
a . entitled a
to a writ of possession without prejudice
B writ of possession, the
Court has disallowed h
the pending annulment case To stress the ministerial character of the
not be stayed by aC pending action for annulment of mortgagee ors

injunction to prohibit its issuance, just as it has held that its issuance may
Until the foreclosure sale of the property in b

l the foreclosure itself.
competent jurisdiction, the issuance of a writ ofo

question is annulled by a court of
R
possession remains the ministerial duty
n G.R. No. 191540, January 21, 2015) r

of the trial court. The same is true with its implementation; otherwise, the writ will be a useless
aYanson, a
paper judgment – a result inimical to the mandate of Act No. 3135 to vest possession in the
h B
purchaser immediately. (Sps. Gatuslao vs.
C e s
l
b ofthea RTC’s
o
Where the extrajudicially foreclosed real property is in the possession third party
R
who is holding the same adversely to the judgment debtor or mortgagor, duty
ministerial and, as such, may no longer proceed ex parte. n r

to issue a writ of possession in favor of the purchaser of said real property ceases to be
however, it is not enough that the property is in the h

a In such a case, the trial court must
possession of a third party, the property B

order a hearing to determine the nature of the adverse possession. For this exception to apply, a
must also be held by the third party ADVERSELY C to the judgment debtor or mortgagor, such ass
l e
b
a co-owner, agricultural tenant or usufructuary. (Sps. Gatuslao vs. Yanson, G.R. No. 191540,
o
January 21, 2015)
R
a n
C h
236
*** The obligation of the court to issue an ex parte writ of possession in favor of the
purchaser in an extrajudicial foreclosure sale ceases to be ministerial once there is a
third party in possession of the property who has an adverse claim to the mortgagor.
However, the third-party claim in this case was not presented at the onset of litigation. In this
case,petitioners
r
opposed the writ of possession because of the pendency of a civil case wherein they sought the
a
annulment of the mortgage and the foreclosure proceedings and not as vendees to an alleged
B
sale of the land in dispute. Petitioners raised for the first time their theory that they are third
s
parties (vendees) holding the property adversely to the mortgagor only after the trial court had
e
already granted a writ of possession. Worse, petitioners failed to adduce evidence of the
l
b
purported sale in their favor. (Cahilig &Siel vs. Terencio & Mercantile Credit Resources
o
Corp., G.R. No. 164470; November 28, 2011) - TDC
R
an ar
Respondent may rightfully take possession of the subject properties through a writ of
B
possession, even if he was not the actual buyer thereof at the public auction sale.
Ch s
Respondent, as a transferee or successor-in interest of PNB by virtue of the contract of sale
e
between them, is considered to have stepped into the shoes of PNB. As such, he is necessarily
bl
entitled to avail of the provisions of Section 7 of Act No. 3135, as amended, as if he is PNB.
One of the rights that PNB acquired as purchaser of the subject properties at the public auction
R o
sale, which it could validly convey by way of its subsequent sale of the same to respondent, is
the availment of a writ of possession. (Sps. Gatuslao vs. Yanson, G.R. No. 191540, January
an r
21, 2015)
Ba
Ch s
The remedy of a party from the trial court’s order granting the issuance of a writ of
e
b l
possession is to file a petition to set aside the sale and cancel the writ of possession, and the
aggrieved party may then appeal from the order denying or granting said petition (Sec.8, Act
R o
3135). When a writ of possession had already been issued as in this case, the proper remedy is an
appeal and not a petition for certiorari. To be sure, the trial court’s order granting the writ of
an a r
possession is final. The soundness of the order granting the writ of possession is a matter of
B
Ch
judgment, with respect to which the remedy of the party aggrieved is ordinary appeal. As respondent
s
availed of the wrong remedy, the appellate court erred in not dismissing outright the petition for
l e
certiorari. (Producers Bank of the Philippines vs. Excelsa Industries, Inc, G.R. No. 173820,
b
April 16, 2012)
R o
11. Partition (Rule 69)
an Ba r
Ch e s
a. Who may file complaint; who should be made defendants
b l
o
Rule 69, Section 1. Complaint in action for partition of real estate.
R description
A person having the right to compel the partition of real estate may do so as provided in this
a n
Rule, setting forth in his complaint the nature and extent of his title and an adequate
of the real estate of which partition is demanded and joining as defendants all other persons
interested in the property.
C h
237
b. Matters to allege in the complaint for partition

Contents of the Complaint:
1.) Nature and extent of his title;
r
2.) Adequate description of the real estate of which partition is demanded; and
a
B
3.) Defendants and all other persons interested in the property are joined. (Rules of
s
Court, Rule 69, Section 1)
l e
o b
c. Two (2) stages in every action for partition
R
Two Stages of the Action
a n
1.) First
a r
Stage – Determination of the propriety of partition
h B
This involves a determination of whether the subject property is owned in common and
whether
s
Cparties. (Rules of Court, Rule 3, Sectione7. Compulsory joinder of indispensable parties.
all the co-owners are made parties in the case. All co-owners are indispensable
b
Parties in interest without whom no final lThedetermination can be had of an action shall be
and profits recovered by the o

joined either as plaintiffs or defendants) order may also require an accounting of rents
Rof Appeals,
defendant. This order of partition and accounting is
appealable.(Miranda vs. Court
cannot agree, then thea

appealed, then the parties nmay partition the common property in the r
No. L-33007, June 18, 1976, 71 SCRA 295) If not
a way they want. If they

B G.R. No. 109387, April
Ch773).
case goes into the second stage. However, the order of accounting
may in the meantime
s
be executed. (De Mesa vs. Court of Appeals,
eproperty
l
25, 1994, 231 SCRA Appeal period – 30 days.
b
2.) Second Stage - The actual partitioning of the subject
If the parties are unable to agree upon the o
parties with the assistance of not more than R
partition, the partition shall be done for the
vs. Garcia, GR No. 69260, December 22,n r the

three (3) commissioners. (Municipality of Biñan
order or decision is appealable. Appeala a

1989) This is also a complete proceeding and
h
period – 15 days
B
C e s
d. Order of partition and partition by agreement l
bthereunder.
o
If after the trial the court finds that the plaintiff has the R
Rule 69, Sec. 2. Order for partition, and partition by agreement
partition of the real estate among all the parties in interest.n

a by proper instruments of Bar
right thereto, it shall order the
Thereupon the parties may, if they
are able to agree, make the partition among themselves
C hso agreed upon by all the parties, ands

such partition, together with the order of the court confirming the same, shall be recordedein
conveyance, and the court shall confirm the partition
the registry of deeds of the place in which the property is situated

.
b l
Ro
an
e. Partition by commissioners; Appointment of commissioners, Commissioner’s
report; Court action upon commissioner’s report
Ch
238
f. Judgment and its effects

Rule 69, Sec. 11. The judgment and its effect; copy to be recorded in registry of
deeds.
If actual partition of property is made, the judgment shall state definitely, by metes and
bounds and adequate description, the particular portion of the real estate assigned to each
r
party, and the effect of the judgment shall be to vest in each party to the action in severalty
a
B
the portion of the real estate assigned to him. If the whole property is assigned to one of the
parties upon his paying to the others the sum or sums ordered by the court, the judgment
es
shall state the fact of such payment and of the assignment of the real estate to the party
b l
making the payment, and the effect of the judgment shall be to vest in the party making the
payment the whole of the real estate free from any interest on the part of the other parties to
R o
the action. If the property is sold and the sale confirmed by the court, the judgment shall state
the name of the purchaser or purchasers and a definite description of the parcels of real
an r
estate sold to each purchaser, and the effect of the judgment shall be to vest the real estate
a
in the purchaser or purchasers making the payment or payments, free from the claims of any
B
Ch
of the parties to the action. A certified copy of the judgment shall in either case be recorded
e s
in the registry of deeds of the place in which the real estate is situated, and the expenses of
l
such recording shall be taxed as part of the costs of the action.
o b
g. Partition of personal property
R
n
a Rule shall apply to partitions of estates
Rule 69, Sec. 13. Partition of personal property.
a rcomposed of personal
property, or of bothh
The provisions of this
B
C real and personal property, in so far asethes same may be applicable.
b l
Ro
h. Prescription of action
Action for partition is imprescriptible for n r

a as long Infante and Juliana Infante vs.a
as the co-owners expressly or impliedly
h However, if a co-owner repudiates the B

recognize the co-ownership. (Heirs of Bartolome Court of
C to the other co-owners, then partition is noslonger a proper

Appeals, G.R. No. 77202 June 22, 1988) co-ownership
and makes known such repudiation
l e
prescriptible. (Heirs of Catalino Jardin vs. Heirs of Sixto Hallasgo, G.R. b
remedy of the aggrieved co-owner. S/he should filed an accion reivindicatoria which is
o
No. L-55225, September
R
30, 1982)
PARTITION
a n a r
of real or personal property which they B
Define partition
h
C effected by the setting apart of such
Partition is the division between two or more persons
s
own as co-partners, joint tenants or tenants in common,
l e
b
interests so that they may enjoy and possess it severally. Purpose is to put an end to the
oin whose
common tenancy of the land or co-ownership.
Presupposes that the thing to be divided is owned in common. It is immaterial
R
parties to the partition admit the fact of co-ownership and now want to effect
a n a separation of
name the properties were declared for taxation purposes for it is presumed beforehand that the
Ch
interest.
239
What are the issues in an action for partition?

Action for partition raises two issues:
1. whether plaintiff is co-owner of property
r
2. assuming plaintiff is co-owner, how to divide the property between plaintiff and
a
defendant or among the co-owners
B
es
Who are indispensable parties in partition?
All the co-owners
b l
R o
Who may effect partition?
an r
Partition of the estate of a decedent may only be effected by
(1) the heirs themselves extrajudicially,
B a
Ch
(2) the court in an ordinary action for partition,
(3) testator himself, and
e s
bl
(4) the third person designated by the testator
Partition of the estate may not be ordered in an action for quieting of title (Alejandrino vs.
CA, 295 SCRA 536 [1998])
R o
an
12. Forcible Entry and Unlawful Detainer (Rule 70)
Ba r
Ch
Distinguish forcible entry (FE) from unlawful detainer (UD)
e s
b l
a. Nature of possession. In FE, the defendant’s possession is illegal from the
beginning. In UD, the defendant’s possession is legal at the beginning but
o
becomes illegal by reason of termination of the lessee’s right over the property
R
an r
b. Prior physical possession. In FE, the plaintiff is deprived of prior physical
a
possession through force, intimidation, threats, strategy or stealth. In UD, prior
B
Ch
physical possession by the plaintiff is not alleged because the defendant
withholds possession after the expiration of his right to possess.
es
l
c. Demand. In FE, no demand to vacate is required by law before filing of the
action. In UD, demand is jurisdictional.
o b
d. Computation of period. In FE, the one year period is counted from actual entry
R
into the land. In UD, the one year period is counted from the last demand
an Ba r
Ch
Estoppel to question jurisdiction
Where the action for FEUD was filed with the RTC, but the defendant did not move to dismiss
e s
l
on such ground, filed his answer and went to trial, and thereafter the trial court rendered
judgment on such ground (Velarma vs. CA, 252 SCRA 406 [1996]).
o b
judgment, estoppel by laches has already set in and precludes the judgment from assailing the
R
an
Sufficiency of complaint for unlawful detainer
Ch
A simple allegation that the defendant is unlawfully withholding the property is sufficient
without necessarily employing the terminology of the law. In an unlawful detainer case, the
240
defendant’s possession was originally lawful but ceased to be so by the expiration of his right to
possess (Barba vs. CA, G.R. No. 126638, Feb. 6, 2002).
When there are several demands to vacate

In case several demands to vacate are made, the period is reckoned from the date of the
LAST DEMAND.
a r
Possession by tolerance
B
es
When there is possession by tolerance, possession or detainer becomes illegal only from
l
the time that there is a DEMAND to vacate. The year for bringing the action for illegal detainer
b
o
should be counted only from such demand (Ballesteros vs. Abion, G. R. No. 143661, Feb. 9,
R
2006).
an
When to count one-year period in forcible entry
B ar
Ch
The one year period within which to bring an action for forcible entry is generally counted
e s
from the date of ACTUAL ENTRY on the land, except that when entry was made thru stealth,
bl
the one year period should be counted from the time the plaintiff made the demand to defendant
to vacate the land upon learning of such dispossession (Ballesterso vs. Abion, supra).
o
Stealth – any secret, sly or clandestine act to avoid discovery and to gain entrance into or
R
an r
remain within the residence of another without permission
(Ong vs. Parel, 355 SCRA 691 [2001]).
Ba
Ch
Effect of claim of ownership on MTC jurisdiction
e s
Hilario vs. CA, 260 SCRA 420 (1996)
b l
a. All forcible entry and unlawful detainer cases have to be tried pursuant to the
o
Revised Rule on Summary Procedure regardless of whether or not the issue of
R
an r
ownership is alleged by a party.
a
b. Inferior courts retain jurisdiction over ejectment cases even if the question of
B
Ch
possession cannot be resolved without passing upon the issue of ownership
s
subject to the same caveat that the issue posed as to ownership could be
e
l
resolved by the court for the sole purpose of determining the issue of
possession.
o b
c. An adjudication made therein regarding the issue of ownership should be
R
regarded as merely PROVISIONAL and therefore would not bar or prejudice an
an a r
action between the same parties involving title to the land.
B
Ch
d. Jurisdiction over the subject matter is determined by the nature of the action as
alleged or pleaded in the complaint. Even where defendant alleges ownership or
e s
l
title in his answer, the court will not be divested of jurisdiction. A contrary rule
o b
would pave the way for defendant to trifle with the ejectment suit, which is
summary in nature, as he could easily defeat the same through the simple
expedient of asserting ownership.
R
an
.
Ch
Cases that do not affect ejectment suit
Wilmont Auto Supply vs. CA, 208 SCRA 108 (1992)
241
1. Injunction suits instituted in the RTC by defendants in ejectment actions in the

municipal trial courts or other courts of the first level do not abate the latter; and
neither do proceedings on consignation of rentals.
2. An accion publiciana does not suspend an ejectment suit against the plaintiff in the
former.
a r
3. A writ of possession case where ownership is concededly the principal issue before
the Regional Trial Court does not preclude nor bar the execution of the judgment in
B
an unlawful detainer suit where the only issue involved is the material possession
es
or possession de facto of the premises.
l
4. An action for quieting of title to property is not a bar to an ejectment suit involving
b
o
the same property.
R
5. Suits for specific performance with damages do not affect ejectment actions (e.g.,
an r
to compel renewal of a lease contract)
a
6. An action for reformation of instrument (e.g., from deed of absolute sale to one sale
B
Ch
with pacto de retro) does not suspend an ejectment suit between the same parties.
e s
7. An action for reconveyance of property or accion reivindicatoria also has no effect
bl
on ejectment suits regarding the same property.
8. Suits for annulment of sale, or title, or document affecting property operate to abate
R o
ejectment actions respecting the same property.
an
Effect of absence of title
a r
B for the courts to withhold
C hof title over a contested lot is not a ground
Pajuyo vs. CA, 430 SCRA 492 (2004)
s
a. The absence
l e
bownership is not an issue in an action
relief from the parties in an ejectment case.
for recovery of possession.

R o
b. Ownership or the right to possess arising from
a n a
c. The parties cannot present evidence to prove ownership or right to legal possession
r of
B
except to prove the nature of the possession when necessary to resolve the issue
physical possession.
C h s
and criminal disorder and to compel the party out of possessionltoe
d. The underlying philosophy behind exectment suits is to prevent breach of the peace
to the law alone to obtain what he claims to be his. The partyb

respect and resort
Ro
should not take the law
into his own hands.
SQUATTERS. Courts should not leave squatters

a n
e. Courts must resolve the issue of possession even if the parties to the ejectment are
to their own devices in cases
a r
involving recovery of possession.
h B
C e s
Any one of the co-owners may bring an action for ejectment
l
bunlawful
o
The law, Art. 487 of the Civil Code, allows a co-owner to bring an action for ejectment, which
Rbecause the
covers all kinds of actions for the recovery of possession, including forcible entry and
suit is deemed to be instituted for the benefit of all.

a n
detainer, without the necessity of joining all the other co-owners as co-plaintiffs,
An attorney in fact of a co-owner can file the ejectment suit

C h
242
Since Art. 487 authorizes any one of the co-owners to bring an action for ejectment and the
suit is deemed to be for the benefit of all, without the co-owners actually giving consent to the
suit, it follows that an attorney-in-fact of the plaintiff co-owner does not need authority from al
the co-owners.
proper
a r
The execution of the certification against forum shopping by the attorney-in-fact is
B
The execution of the certification against forum shopping by the attorney-in-fact is not a
es
violation of the requirement that the parties must personally sign the same. The AIF, who has
l
authority to file the same, and who actually filed the complaint as the representative of the
b
o
plaintiff co-owner, pursuant to a SPA, is a PARTY to the ejectment suit. In fact, Sec. 1, Rule 70
R
includes the representative of the owner in an ejectment suit as one of the parties authorized to
n r
institute the proceedings.
a B a
C h
a. Definitions and Distinction
s
1. Accion interdictal - summary action e
What are the kinds of actions for the recovery of possession of real property?
b l for forcible entry and unlawful detainer which is
o
brought within one (1) year from dispossession. MTC has exclusive jurisdiction.
R or when dispossession was effected by means other than

2. Accion publiciana - plenary action to recover the right of possession when dispossession
those mentioned in Rule 70, n r

has lasted for more than one year
a- action to recover ownership, includingBthearecovery

Sec. 1.
Forcible Entry C
h
3. Accion reivindicatoria
s
of possession.
e
l of the defendant is lawful from
Unlawful Detainer
o b
The possession of the defendant is unlawful The possession
from the beginning; issue is which party has the beginning becomes illegal by reason of the
R
n possession of the property; r
prior de facto possession; expiration or termination of his right to the
a a
B which is
h
The law does not require previous demand for Plaintiff must first make such demand
C s
The plaintiff must prove that he was in prior The plaintiff need not l
the defendant to vacate; jurisdictional in nature;
e
physical possession of the premises until he physical possession;
o b have been in prior
R
n r
was deprived by the defendant; and
The one year period is generally counted from The one-year
a period is counted from the date of
Ba
Ch s
the date of actual entry on the property. last demand.
l e
b. Distinguished from accion publiciana and accion reinvindicatoria
o b
R
Accion Publiciana
a n
Accion Reinvindicatoria
A plenary ordinary civil action for the recovery of the An action for
C h the recovery of the
243
better right of possession (juridical possession), must exercise of ownership, particularly

be filed after the expiration of one year from the accrual recovery of possession as an attribute
of the cause of action or from the unlawful withholding or incident of ownership;
of possession of the realty. In other words, if at the time
r
of the filing of the complaint more than one year had
a
B had become
elapsed since defendant had turned plaintiff out of
illegal, the action will be not s

possession or defendant’s possession
e
l publiciana (Valdez vs,
one of forcible entry or
o b
unlawful detainer but an accion
CA, GR 132424, May 2, 2006).
The basis of theR
real right ofn r
recovery of possession is the plaintiff’s The basis for the recovery of
a a
possession or jus possessionis, which is possession
B
is ownership itself.
C h
the right to the possession of the real property
s
independent of ownership.
l e
o b
c. How to determine jurisdiction R in accion publiciana and accion reinvindicatoria
Jurisdiction is determined a
n a r
h B
by the assessed value of the property.
Sec. 22 of BP 129 as amended by R.A. No. 7691 (wheresthe assessed value of the real
C eManila) grants the MTC exclusive
jurisdiction over subject case.The nature of an action isb
property does not exceed P20,000.00 or P50,000.00 in Metro
l
caption of the complaint but its allegations and o
determined not by what is stated in the
objective of the plaintiff is to obtain title to realR

the reliefs prayed for. Where the ultimate
n r
property, it should be filed in the proper court
a
having jurisdiction over the assessed value of the property subject thereof. (BF Citiland
a
BMarch 15,
C h
Corporation vs. Marylin B. Otake, G.R. No. 173351, July 29, 2010; Spouses Alcantara vs.
s
e vs. Court of
Nido, G.R. No. 165133, April 19, 2010; Bernardo vs. Villegas, G.R. No. 183357,
2010; Barangay Piapi vs. Talip, G.R. No. 138248, September 7, 2005; Quinagoran
b l
o
Appeals, G.R. No. 155179, August 24, 2007)
The actions envisaged in the aforequoted provisions (Secs. 19 Randwhich

33. BP 129, as amended
anof the real property subject of the Bar

by RA 7691) are accion publiciana and reivindicatoria. To determine court has jurisdiction
hG.R. No. 140973, November 11, 2004,s

over the action, the complaint must allege the assessed value
C
complaint or the interest thereon (Laresma vs. Abellana,
e
l
442 SCRA 156)
o b
d. Who may institute the action and when; against whom the action R may be
an
maintained
Ch
244
Rule 70, Section 1. Who may institute proceedings, and when.

Subject to the provisions of the next succeeding section, a person deprived of the possession
of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor,
vendee, or other person against whom the possession of any land or building is unlawfully
withheld after the expiration or termination of the right to hold possession, by virtue of any
r
contract, express or implied, or the legal representatives or assigns of any such lessor, vendor,
a
vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or
B
withholding of possession, bring an action in the proper Municipal Trial Court against the person
s
or persons unlawfully withholding or depriving of possession, or any person or persons claiming
e
under them, for the restitution of such possession, together with damages and costs.
l
o b
What is the period for bringing an action for forcible entry?
R such unlawful deprivation (Rule 70, Sec. 1).
Where the unlawful deprivation is by stealth, from the r
n
Within 1 year from
a B a time the plaintiff came to know of the
C h
unlawful deprivation (City of Manila vs. Garcia, L-26053,
s
February 21, 1967)
l e
e. Pleadings allowed
o b
Rfiled
Rule 70, Sec. 4. Pleadings allowed.
claim pleaded in the answer,n and the answers thereto. All pleadings shallr
The only pleadings allowed to be are the complaint, compulsory counterclaim and cross-
a B a be verified.
C h s
f. Action on the complaint
l e
Rule 70, Sec. 5. Action on complaint.
o b
R on any of the grounds for the dismissal of a
The court may, from an examination of the allegations in the complaint and such evidence as
n
may be attached thereto, dismiss the case outright
a a rissue
B
civil action which are apparent therein. If no ground for dismissal is found, it shall forthwith
summons.
C h s
l e
g. When demand is necessary
o b
R
Is prior demand necessary in an action for forcible entry?
n
aentry (Rule 70, Sec. 1) a r
h
No. Prior demand is not necessary in an action for forcible
B
C e s
l
1. No, in the first kind of unlawful detainer, a summary proceeding filed by a lessor,b
Is prior demand necessary in an action for unlawful detainer?
vendee, or other person against whom the possession of any land oro
vendor,
unlawfully withheld after the expiration or termination of the right to holdR

building is
virtue of any contract, express or implied. (Rule 70, Sec. 1). Prior
a n possession, by
demand is not
expiration or termination of the right to hold possession.

C h
necessary because the defendant’s possession ipso facto becomes unlawful after the
245
2 Yes, in the second kind of unlawful detainer, a summary proceeding filed by the lessor to
eject the lessee after the latter has failed to pay or to comply with the conditions of the
lease (Rule 70, Sec. 2). Demand is necessary because the lessor’s possession does not
ipso facto become unlawful if he fails to pay or comply with the conditions of the lease.
Demand is necessary to put the lessee in default.
a r
Bfor the lessee to pay the rent or comply with the conditions
In the second kind of unlawful detainer, how should demand be worded?
s
The lessor should make a demand
ehe gave the lessee an alternative of either paying the rent or

l
of the lease AND vacate. Where the lessor served a written notice upon the lessee to pay the
b then elected to stay after such demand, he became merely a debtor

rent or vacate the premises,
for the unpaid rentalo

vacating. When the lessee
upon him. (Vda. R

and cannot be ejected until he defaults in payment and a demand is made
an r
de Murga vs. Chan, 25 SCRA 441).
B a
h
C to file action for unlawful detainer e s
l of possession.
Period
b
Within 1 year after the unlawful withholding
o
R624) unlawful detainer immmediately arises (Panganiban vs.
1. Upon the expiration of the lease, the lessee is considered to be unlawfully withholding the
an r
property. Hence, the right of action for
Shell Petroleum Corp., 395 SCRA
a
h from demand or the posting of notices (ifBno person is found in the
2. In case of failure to pay or comply with the conditions of the lease, the action shall be
C e
brought within one year
premises), as provided in Rule 70, Sec. 2)
b l
o
Rmandatory injunction
h. Preliminary injunction and preliminary
a n a r
h B
C e s
Rule 70, Sec. 15. Preliminary injunction.
b l
o
The court may grant preliminary injunction, in accordance with the provisions of Rule 58 hereof,
R
to prevent the defendant from committing further acts of dispossession against the plaintiff.
A possessor deprived of his possession through forcible a

n a r
five (5) days from the filing of the complaint, present a motion in the action for forcible entry or B
h
entry or unlawful detainer may, within
C
unlawful detainer for the issuance of a writ of preliminary mandatory injunction to restore him in
e s
l
his possession. The court shall decide the motion within thirty (30) days from the filing thereof.
b
i. Resolving defense of ownership
R o
Rule 70, Sec. 16. Resolving defense of ownership.
an
Ch
246
When the defendant raises the defense of ownership inhis pleadings and the question of
possession cannot be resolved without deciding the issue of ownership, the issue of ownership
shall be resolved only to determine the issue of possession.
Is the judgment of the MTC in ejectment cases immediately executory?
a r
The judgment of the MTC against the plaintiff is not immediately executory pending appeal.
Bthe defendant is immediately executory pending appeal.

s
The judgment of the MTC against
e
However, the defendant may stay execution:
b l
R o
1. By perfecting an APPEAL. Appeal is perfected by filing a notice of appeal and
paying the required appeal and other lawful fees within fifteen (15) days from notice
n
2. aBy filing a SUPERSEDEAS BOND to answer
of the judgment.
a r for what has been adjudged in the
h B rents, damages and costs accruing down
C to the judgment of the MTC appealed s
judgment. The bond is to answer for the
e
l
from, as determined in the judgment, and
o b use and occupation of the property.

3. By DEPOSITING from time to time with the RTC the monthly rental as adjudicated
or the reasonable value of the
(Rule 70, Sec. 19) R
a n a r
What is the effect of h B deposit?
C s
failure of the defendant to make the periodic
erestoration
The RTC, upon motion of the plaintiff, and upon proof
b
execution of the judgment appealed from with respect to the l of such failure, shall order the
of possession, but such
Ro
execution shall not be a bar to the appeal taking its course until the final disposition thereof on
the merits. (Rulle 70, Sec. 19).
a n a r
h
j. How to stay the immediate execution of judgment (See above) B
C e s
b l
Is the judgment of the RTC immediately executory?
R o
Yes, under Rule 70, Sec. 21.
a n a r
Court.-- The judgment of the Regional Trial CourtC
Rule 70, Sec. 21. Immediate execution on appealh to Court of Appeals or Supremes B
l
against the defendant shall be immediately
e
executory, without prejudice to a further appeal that may be taken therefrom.
o b
to it shall be immediately executory and can be enforced despite the perfectionR
*** Section 21, Rule 70 provides that the judgment of the RTC in ejectment cases appealed
n
of an appeal to
a higher court. To avoid such immediate execution, the defendant may appeal
MTCC, of the RTC, and of the CA, unanimously recognized the righth
the CA and therein apply for a writ of preliminary injunction. In this case, athe decisions of the
said judgment to
C
of the ATO to possession
247
of the property and the corresponding obligation of Miaque to immediately vacate the subject
premises. This means that the MTCC, the RTC, and the Court of Appeals all ruled that Miaque
does not have any right to continue in possession of the said premises. It is therefore puzzling
how the Court of Appeals justified its issuance of the writ of preliminary injunction with the
sweeping statement that Miaque "appears to have a clear legal right to hold on to the premises
leased by him from ATO at least until such time when he shall have been duly ejected
a r
therefrom by a writ of execution of judgment caused to be issued by the MTCC.” (Air
Transportation Office (ATO) vs. Hon. Court Of Appeals (Nineteenth Division) and Bernie
B
G. Miaque, G.R. No. 173616, June 25, 2014) - TDC
e s
k. Summary procedure,
b lprohibited pleadings
R o
n rof affidavits and position papers. The
All ejectment cases are covered by the summary procedure regardless of whether they
The a a
involve questions of ownership..
h adjudication of the case is done on the basis

B
CShould the court find it necessary to clarify
court is
s
eproceeding
no longer allowed to hold hearings to receive testimonial evidence.
to submit affidavits or other evidence. The

b l certain issues, it may require the parties instead
is required to be summary so as to
R oof the action for forcible entry or unlawful detainer, the

promote the speedy disposition of ejectment cases.
nare prohibited: r
In line with the summary nature
a
filing of the following pleadings
1. Motion to dismiss the complaint except on the ground B
a
C h sshowing of12compliance
of lack of jurisdiction over the
e
subject matter, or failure to comply with Section 12. Section provides that cases
l
requiring reply for conciliation, whether there is no with such
that requirement shall have been complied b

requirement, shall be dismissed without prejudice, and may be reviewed only after
R o with.
3. Motion for new trial, or for reconsideration of a judgment, or for reopening of r

n
2. Motion for bill of particulars.
a B a trial.
h s
5. Motion for extension ofC
4. Petition for relief from judgment.
l e
time to file pleadings, affidavits or any other paper.
6. Memoranda.
b
7. Petition for certiorari, mandamus, or prohibition against
Ro any interlocutory order
n r
issued by the court.
8. Motion to declare the defendant in default.
a Ba
9. Dilatory motions for postponement.
C h s
10. Reply.
l e
11. Third party complaints.
o b
12. Intervention.
R
a n
Against whom judgment binding
C h
248
An ejectment case is an action in personam since it merely seeks to enforce personal liability
against the defendant.
However, a judgment in an ejectment suit is binding not only on the defendants but also
against those not made parties thereto, if they are:
(1) trespassers, squatters or agents of the defendant fraudulently occupying the property to
frustrate the judgment
a r
(2) guests or other occupants of the premises with the permission of the defendant
(3) transferees pendente lite
B
(4) co-lessee
es
l
(5) members of the family, relatives and other privies of the defendant (Sunflower
b
o
Neighborhood Association vs. Court of Appeals, G.R. No. 136274, September 3, 2003; Oro
R
Cam Enterprises, Inc. vs. CA, G.R. No. 128743, November. 29. 1999).
 an B ar
When a non-party is not included among the exceptions to the general rule , he is not
Ch s
bound by the judgment in the ejectment case. (Sps. Stillgrove vs. Sabas, A.M. No. P-
e
06-2257, November 29, 2006)
RTC jurisdiction over a counterclaimb

l
Rofrom a decision in an unlawful detainer case files an
in an appeal from a decision in an unlawful detainer
case
amended pleading in whichn he raises a counterclaim for P250,000 asr

Where the defendant on appeal
damages for the filing bya a moral and exemplary
hshould be within the jurisdiction of thes RTC

the plaintiff of a baseless suit, the RTC has
B both ais to nature and
no jurisdiction over the
same. A counterclaim
C e amount for the RTC. The RTC
l
amount. The counterclaim of P250,000 is below the jurisdictional
b
is trying the case in the exercise of its appellate jurisdiction, rather than original jurisdiction.
o
R
Thus the exception in Rule 6, Sec. 7 that in the RTC a counterclam shall be considered
compulsory regardless of the amount does not apply.
a n a r
h B
C e s
l
13. Contempt (Rule 71)
a. Kinds of contempt
o b
Definition.
Ror dignity of the court, such
a
Contempt of court is a defiance of the authority, justice n a r
h during litigation. It is defined as a B
conduct as tends to bring the authority and administration of the law into disrespect of, to
C authority, justice and dignity. Its

interfere with, or prejudice parties litigant or their witnesses
signifies not only a willful disregard or disobedience to the court’s order but such conducte
disobedience to the court by setting up an opposition to its
tends to bring the authority of the court and the administration of law into disrefute or inl
as
o
manner to impede the due administration of justice. (Halili v. Court of Industrial Relations,
b some
No. L-24864, April 30, 1985, 136 SCRA 112)

R
a n
What are the kinds of contempt?
C h
249
Civil Contempt Criminal Contempt

It is the failure to do something ordered to be It is a conduct directed against the authority
r
done by a court or a judge for the benefit of the and dignity of the court or a judge acting
a
opposing party therein and is therefore and judicially; it is an obstructing the administration
Bbehalf the of justice which tends to bring the court into
s
offense against the party in whose
violated order was made;
e
l for the benefit of The purpose is to punish, to vindicate the
disrepute or disrespect;
a party;
o b
The purpose is to compensate
authority of the court and protect its outraged
R
n r conducted in accordance with the
dignity;
a
The rules of procedure governing contempt Should be
a
B and rules applicable to criminal
areC
h or criminal prosecutions ordinarily principles
inapplicable to civil contempt proceedings. scases, insofar as such procedure is consistent
proceedings
l e with the summary nature of contempt

o b proceedings.
R
a n a r
B
Chin the presence of It is not committedesin the presence of the court, but
Direct Contempt Indirect Contempt
In general, committed
b l which tends to belittle, degrade,

or so near the court or judge as to obstruct done at a distance
or interrupt the proceedings before it;
o
obstruct or embarrass the court and justice;
ActsR
n Misbehavior as an officer of a courtarin the
Acts constituting direct contempt are: constituting indirect contempt are:
a) Misbehavior in the presence of or so (a)
a B
C h
near the court as to obstruct or interrupt performance of his official duties or in his official
s
the proceedings before it; transactions;
l e
b) Disrespect toward the court;
o b to a lawful writ,
(b) Disobedience of or resistance
Rafter being dispossessed or

process, order, or judgment of a court, including the
c) Offensive personalities towards others; act of a person who,
a n a r
hany court of competent jurisdiction,s B
ejected from any real property by the judgment or
C
d) Refusal to be sworn as a witness or to
enters or attempts or induces another to enter e

process of
l
answer as a witness;
into
e) Refusal to subscribe an affidavit or

o
or upon such real property, for the purpose bor in anyof
deposition when lawfully required to do
Rto the person
executing acts of ownership or possession,
so (Sec. 1);
a n
manner disturbs the possession given
h
adjudged to be entitled thereto;
f) Acts of a party or a counsel which
250
constitute willful and deliberate forum (c) Any abuse of or any unlawful interference with
shopping (Sec. 1, Rule 7); the processes or proceedings of a court not
g) Unfounded accusations or allegations constituting direct contempt under section 1 of this
or words in a pleading tending to Rule;
embarrass the court or to bring it into
a r
disrepute (Re: Letter dated 21 Feb. 2005 of (d) Any improper conduct tending, directly or
B
s
Atty. Noel Sorreda, 464 SCRA 32); indirectly, to impede, obstruct, or degrade the
l e administration of justice;
o b (e) Assuming to be an attorney or an officer of a
R court, and acting as such without authority;
an B ar
Ch
(f) Failure to obey a subpoena duly served;
e s
lproperty in the custody of an officer by virtue of an
(g) The rescue, or attempted rescue, of a person or
o b
R
order or process of a court held by him (Sec. 3);
1. Direct Contempt - a
n a rof misbehavior in the
presence of or so nearh
punished summarily, direct contempt consists
B before the court or the
C s
a judge as to interrupt or obstruct the proceedings
eor to suscribe to an affidavit or
l
administration of justice, including disrespect toward the judge, offensive personalities toward
deposition when lawfully required to do so (Guerrero vs.b

others, or refusal to be sworn or to answer as a witness,
o
Villamor, 189 SCRA 355 [1989]).
R
involving disobedience or resistance to a a
2. Indirect Contempt - indirect or constructiven contempt is one committed away from the
a rcourtof
h obstruct, interrupt or embarrass the court B(Delima vs.
lawful writ, processs, order, judgment or command
Gallardo, 77 SCRA 286 [1977]). C

the court, or tending to belittle, degrade,
e s
b l
R
3. Civil Contempt - the failure to do something ordered by the court o which is for the benefit of
n r
a party.
a Ba
Ch s
4. Criminal Contempt - any conduct directed against the authority or dignity of the court.
l e
Two (2) kinds of Contempt (manner of commission)
o bRule 71.
R in the
1) Direct contempt – which may be punished summarily under Section 1of
n
(Section 1. Direct contempt punished summarily. - A person guilty of misbehavior
a or refusal to be
presence of or so near a court as to obstruct or interrupt the proceedings before the same,
h
including disrespect toward the court, offensive personalities toward others,
C
251
sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully

required to do so, may be summarily adjudged in contempt by such court. . .)
2) Indirect contempt – which may be punished only after written charge and due
hearing under Section 3 of Rule 71. (Section 3. Indirect contempt to be punished after
a r
charge and hearing. After a charge in writing has been filed, and an opportunity given to the
respondent to comment thereon within such period as may be fixed by the court and to be
heard by himself or counsel…)
B
e s
Two (2) Aspects ofl
b Contempt (nature)
for the benefit ofo

1) Civil Contempt is the failure to do something ordered to be done by a court or a judge
R the opposing party therein. (People v. Godoy/ Judge Eustaquio Z. Gacott,
a nSCRA 64) It is an offense against the partya rin whose behalf the violated order
Jr. vs. Mauricio Reynoso, Jr. and Eva P. Ponce De Leon G.R. Nos. 115908-09, March 29,
B iswhoimmaterial.
1995, 243
h
is made. Intent in committing the contempt
Cright to be protected. (People v. Godoy/ sJudge Eustaquio Z. Gacott, Jr.interest
It is instituted by an
e
aggrieved party, or his successor, or someone has a pecuniary in the
Reynoso, Jr. and Eva P. Ponce De Leon,

b l G.R. Nos. 115908-09, March 29, 1995, 243 SCRA
vs. Mauricio
64)
2) Criminal Contempt isR
o
nassailing or discrediting the authority andr
conduct directed against the authority and dignity of a court or
a a
of a judge, as in unlawfully dignity of a court or a
Mauricio Reynoso,h Jr. and Eva P. Ponce De Leon, G.R. Nos. B

judge or in doing a forbidden act. (People v. Godoy/ Judge Eustaquio Z. Gacott, Jr. vs.
243 SCRA 64) C sand

115908-09, March 29, 1995,
It is an offense against organized society
e is held to be an offense
l v. Godoy/ Judge Eustaquio Z.
generally the State who is the real prosecutor.b
against public justice. Intent is a necessary element in criminal contempt. It is
o
(People
R
Gacott, Jr. vs. Mauricio Reynoso, Jr. and Eva P. Ponce De Leon, G.R. Nos. 115908-09,
March 29, 1995, 243 SCRA 64)
Note:
anA civil
A criminal contempt proceeding
a rcivil in
is in the nature of a criminal or quasi-criminal
B
nature.
C h
actions and, therefore, punitive in nature. contempt proceeding is remedial and
s
l e
b. Purpose and nature of each
o b
See above
R
a n a r
h B
C and punished by the court. (Rule 71,s
Is a charge and hearing required before a person may be punished for direct contempt?
No. A person may be summarily adjudged in contempt
l e
b
Sec. 1)
R o
c. Remedy against direct contempt; penalty n
aof misbehavior in the
Rule 71, Sec. 1. Contempt punished summarily. — A person guilty
C h
252
presence of or so near a court as to obstruct or interrupt the proceedings before the same,
including disrespect toward the court, offensive personalities toward others, or refusal to be
sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully
required to do so, may be summarily adjudged in contempt by such court and punished by a
(a) FINE not exceeding two thousand pesos (P2,000.00) or IMPRISONMENT not exceeding
r
ten (10) days, or both, if it be a Regional Trial Court or a court of equivalent or higher
a
rank, or by
B
(b) FINE not exceeding two hundred pesos (P200.00) or IMPRISONMENT not exceeding
es
one (1) day, or both, if it be a lower court.
b l
R o
He may not appeal from the judgment. The remedy is CERTIORARI OR PROHIBITION
under Rule 65 on the ground of grave abuse of discretion or lack of jurisdiction on the part of the
an r
judge.
B a
Execution of the judgment shall be suspended if he files a BOND fixed by the court
Ch s
conditioned that he will ABIDE BY AND PERFORM the judgment should the petition be decided
against him (Rule 71, Sec. 2)
l e
b
Rforoindirect contempt. —
d. Remedy against indirect contempt; penalty
(a) If the respondent is n r against a Regional

Rule 71, Sec. 7. Punishment
a
Trial Court or a court of equivalent or higher rank, he mayB
a
adjudged guilty of indirect contempt committed
h s
be punished by a FINE not
months, or C e
exceeding thirty thousand pesos (P30,000.00) or IMPRISONMENT not exceeding six (6)
both.
b lagainst a lower court, he may be
o pesos (P5,000.00) or IMPRISONMENT
(b) If he is adjudged guilty of contempt committed
not exceeding one (1) month, or both. R

punished by a FINE not exceeding five thousand
a
(c) If the contempt consists in the violation
a rorder
nof a writ of injunction, temporary restraining
injured by such violation of theh property involved or such amount as may beB
or status quo order, he may also be ordered to make complete restitution to the party
C e s alleged and
l
proved.
Rule 71, Sec. 11. Review of judgment or final order; bond for stay.
o b — The judgment or
final order of a court in a case of indirect contempt may be APPEALED to the proper court as in
criminal cases.
But execution of the judgment or final order shall not be n
R
athe court from which the appeal is Bar
suspended until a BOND is filed by
Chhim he will ABIDE BY AND PERFORM

the person adjudged in contempt, in an amount fixed by
taken, conditioned that if the appeal be decided against
e s
l
the judgment or final order.
o b
e. How contempt proceedings are commenced
R
an
Rule 71, Sec. 4. How proceedings commenced.
Ch
253
Proceedings for indirect contempt may be initiated motu proprio by the court against which
the contempt was committed by an order or any other formal charge requiring the respondent
to show cause why he should not be punished for contempt.
In all other cases, charges for indirect contempt shall be commenced by a verified petition
with supporting particulars and certified true copies of documents or papers involved therein,
r
and upon full compliance with the requirements for filing initiatory pleadings for civil actions in
a
the court concerned.
B
If the contempt charges arose out of or are related to a principal action pending in the
es
court, the petition for contempt shall allege that fact but said petition shall be docketed, heard
l
and decided separately, unless the court in its discretion orders the consolidation of the
b
contempt charge and the principal action for joint hearing and decision.
o
1. SHOW n
R
a to show cause why he should notBbearpunished for contempt. The contempt
What are the two ways to initiate indirect contempt?
CAUSE ORDER. Court issues order motu proprio or makes formal charge requiring
h is usually in the nature of a criminals contempt.

the respondent
CVERIFIED
contemplated
PETITION. Party litigant or e
2.
b l any aggrieved party files a verified petition for that

purpose, which should comply with the requirements for filing initiatory pleadings in civil actions.
o
Rof indirect contempt, there must be compliance with the
Before one may be convicted
following requisites: (a)a n a r for respondent
within such period as may be fixed B
a charge in writing to be filed; (b) an opportunity
h
Cheard by himself or by counsel. 2008). es Marine Malayan Insurance
to comment thereon by the court; and (c) an
opportunity to be (Tokio
Company Inc. vs. Valdez, G.R. No. 150107, January 28, l
o b
f. Acts deemed punishable as indirect n R
a
contempt
a r
Grounds for Indirect Contempt: h B
C s
e duties or in his
b l
1. Misbehavior of an officer of a court in the performance of his official
official transactions.
R o
2. Disobedience or resistance to a lawful writ, process, order or judgment of a court, or
3. Any abuse or any unlawful interference with thea

n
any unauthorized intrusion to any real property after being ejected;
a r
h
proceeding of a court not constituting
B
indirect contempt;
C e s
4. Any improper conduct tending, directly or indirectly to impede, obstruct, or degrade
the administration of justice;
b l
5. Assuming to be an attorney or an officer of the court without authority;
R o
6. Failure to obey a subpoena duly served;
7. The rescue, or attempted rescue, of a person or property in thea
n
Ch
custody of an officer.
(Rule 71, Section 3.)
254
Grounds for Direct Contempt:
1. Disrespect toward the court;

2. Offensive personalities toward others
a r
3. Refusal to be sworn or to answer as witness or to subscribe an affidavit or deposition
B of or so near a court as to obstruct or interrupt the

s
4. Misbehavior in the presence
e
proceedings. (Rule 71, Section 1)
b l
Where should the o
R
charge for indirect contempt be filed?
r
n by it, the charge may be filed with theaRTC.
1. If committed against a RTC or a court of equivalent or higher rank, or against an officer
a
appointed
2.h Balso
s
Cappeal to the RTC of such place in theesame manner
If committed against the MTC, the charge may be filed with the RTC of the place in which
the MTC is sitting; but the proceedings may be instituted in such MTC subject to
(Rule 71, Sec. 5)

b l as provided in Rule 71, Sec. 11.
R o
place wherein the a
n a r over such
3. If committed against a person or body exercising quasi-judicial powers, the RTC of the
charges. (Ruleh
B
contempt has been committed shall have jurisdiction
C 71, Sec. 12) e s

b l
g. When imprisonment shall be imposed o
Robeyed.
n
Rule 71, Sec. 8. Imprisonment until order
When the contempt consists in thea refusal or omission to do an act which is a
r
h Bconcerned
yet in the
C s
power of the respondent to perform, he may be imprisoned by order of the court
until he performs it.
l e
b
N.B.This means that the penalty of imprisonment may exceed 6 months.
.
R o
The dismissal of the indirect contempt charge amounts to an acquittal, which effectively
bars a second prosecution Contempt is not a criminal offense. However, a charge for contempt
a n
of court partakes of the nature of a criminal action. Rules that govern criminal prosecutions strictly
a
apply to a prosecution for contempt. In fact, Section 11 of Rule 71 of the Rules of Court provides thatr
B
Ch
the appeal in indirect contempt proceedings may be taken as in criminal cases. This Court has held
that an alleged contemner should be accorded the same rights as that of an accused. Thus, the
e s
l
dismissal of the indirect contempt charge against respondent amounts to an acquittal, which
b
effectively bars a second prosecution.(Digital Telecommunications Philippines, Inc.
o
vs. Cantos, G.R. No. 180200, November 25, 2013)
R
h. Contempt against quasi-judicial bodies
a n
Rule 71, Sec.12. Contempt against quasi-judicial entities.
C h
255
Unless otherwise provided by law, this Rule shall apply to contempt committed against
persons, entities, bodies or agencies exercising quasi-judicial functions, or shall have
suppletory effect to such rules as they may have adopted pursuant to authority granted to
them by law to punish for contempt. The Regional Trial Court of the place wherein the
contempt has been committed shall have jurisdiction over such charges as may be filed
therefor.
a r
B
Quasi-judicial agencies that have the power to cite persons for indirect contempt pursuant
es
to Rule 71 of the Rules of Court can only do so by initiating them in the proper Regional Trial
l
Court. It is not within their jurisdiction and competence to decide the indirect contempt cases. These
o b
matters are still within the province of the Regional Trial Courts. In the present case, the indirect
contempt charge was filed, not with the Regional Trial Court, but with the PARAD, and it was the
R
PARAD that cited Mr. Lorayes with indirect contempt.(Land Bank of the Philippines vs.
an r
Listana, G.R. No. 152611, August 5, 2003)
B a
Ch e s
bl
R o
an Ba r
Ch e s
b l
R o
an B a r
Ch es
b l
R o
an Ba r
Ch e s
b l
R o
an
Ch

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ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

a. formal procedure –h requires a set and definite process to beB

C can issue e s observed in

B. Substantive Law as Distinguished from Remedial Law h

In determining whether a rule prescribed n by theor modifies

C law and for justly administering remedy s

matter; but if it operates as a means of implementing an existing

a a right such as the

If it operates as a means of implementing an existing right – procedural,

carry out the administration of justice h

Cparties of the case, assesses the credibilitys

1. Regular Courts - Courts authorized to engage in the general administration of justice.

b l of the statute creating the special court, these

Rtypes of controversies, particularly if same

would facilitate the attainment of the n rjudicial

been created. Unlike regular andaspecial courts, quasi-courts do not possess a

5. Courts of general and special jurisdiction

never availed of against statutory law or judicial pronouncements (Velez vs Demetrio, b

8. Principle of judicial hierarchy

writ of possession issued byn r Corp vs; CA, 301

SCRA 212). The principlea a

C Third party claim

2. How jurisdiction over the defendant is acquired

assumption thereof by a tribunal.

Chor motion to dismiss.

2. Jurisdiction versus the exercise of jurisdiction

bof certiorari. Certiorari will not be issued to cure errors

by the trial court in its appreciation o

R of law. As long as the court acts within its jurisdiction,

2009, 597 SCRA 463.)h

competence. (Fajardo vs. Flores, G.R. No. 167891, a

an judgment has been rendered (Soliven rvs. Fastforms Phils.,

of lack of jurisdiction may be raisedC

for the first time on appeal (Francel Realty Corporation vs.a

a remedy and ordered entry of judgment.a

R o assailing jurisdiction of court must raise it at the first

assailed at any stage, a

adverse resolution is issued willB

R April 15, 1968 the defense of lack of

4. In certain cases, as in probate proceedings, jurisdiction over the issues is conferred by

D. Jurisdiction over the res or property in litigation

under legal process of the court.

over the thing is recognized e

b l and made effective..

e. Court of Tax Appeals En Banc

omission of a municipal trial court, or of a corporation, a board, an officer

l e Rules of Civil Procedure)

Homes vs. National Laborn Relations Commission, G.R. No. 130866, r

2) Actions brought to prevent and restrain violationslof laws concerning

o b(Sec. 17, Rep. Act No.

C or of a corporation, a board, an officer,

“The Rule on the Writ of Amparo,” effective October 24, 2007)

b l St. Martin Funeral Homes vs.

a Rule 122, as amended by A.M. No.B00-5-03-SC, a

4. Petition for review C

a nto the landowners concerned

d. Appeals from the Office of the Ombudsman in administrative disciplinary

3. Court of Tax Appeals

l e matters arising under the National Internal Revenue or other

b by the Bureau of Internal Revenue;

n of Customs in cases involving liability r for customs duties,

5. Decisions of the Central Board of Assessment

decided by the provincial or city boardn r