Rule 1 General Provisions 3.

Where the claims in all the causes of action are principally for recovery of
1. Civil action – one by which a party sues another for the enforcement or money, the aggregate amount claimed shall be the test of jurisdiction.
protection of a right, or the prevention or redress of a wrong; may be ordinary or
4. Misjoinder of causes of action NOT a ground for dismissal; the action may, on
special
motion or motu proprio, be severed and proceeded with separately.
Criminal action – one by which the state prosecutes a person for an act or
omission punishable by law
Rule 3 Parties to Civil Actions
Special proceeding – remedy by which a party seeks to establish a status, a
right, or a particular fact
1. Claims that Survive the Death of a Party:
2. Rules of Court shall NOT be applicable to the following, except by analogy or in a
suppletory character, and whenever practicable and convenient 1. Actions to recover real and personal property against the estate;
1. Election cases; 2. Actions to enforce liens thereon;
2. Land registration; 3. Actions to recover for injury to persons or property by reason of tort;
3. Cadastral proceedings; 4. Actions to recover money arising from contract, express or implied.
4. Naturalization proceedings; and
5. Insolvency proceedings 2. Death of defendant in action on contractual money claims before judgment of
RTC NOT ground for dismissal. Action continues until entry of final judgment. Any
Rule 2 Cause of Action judgment against estate of deceased will be enforced as money claim. Writ of
1. Cause of action – an act or omission by which a party violates the right of preliminary attachment, if any, not dissolved.
another
3. Requisites of Permissive Joinder of Parties:
2. Requisites of Joinder of Causes of Action:
1. Right to relief arises out of the same transaction or series of transactions,
1. The party joining the causes of action shall comply with the rules on joinder of whether jointly, severally, or in the alternative;
parties; 2. There is a question of law or fact common to all the plaintiffs and defendants;
2. The joinder shall NOT include special civil action or actions governed by 3. Such joinder is not otherwise proscribed by the provisions of the Rules on
special rules; jurisdiction and venue.
3. Where the causes of action are between the same parties but pertain to
4. Requisites of a Class Suit:
different venues or jurisdiction, the joinder may be allowed in the RTC
provided one of the causes of action falls within the jurisdiction of the RTC and 1. Subject matter of the controversy is one of common or general interest to
the venue lies therein; many persons;
2. Parties affected are so numerous that it is impracticable to bring them all to
the court;
 3. Parties bringing the class suit are sufficiently numerous or representative of
the class and have the legal capacity to file the action.
5. Transfer of Interest
à Action may be continued by or against the original party, unless the court, on
motion, directs the transferee to be substituted in the action or joined with the
original party; however, if transfer is made before commencement of the action, the
transferee must necessarily be the party, since only he is the real party in interest.
Rule 4 Venue Of Actions
* Uniform rule on venue in RTC and MTC
1. Venue of real actions – in the proper court which has jurisdiction over the area
wherein real property involved or a portion thereof is situated.
2. Venue for forcible entry and detainer actions – in the MTC of the municipality or
city wherein the real property or a portion thereof is situated.
3. Venue of personal actions – where the plaintiff or any of the principal plaintiffs
resides, or where the defendant or any of the principal defendants resides, or in the
case of a non-resident defendant where he may be found, at the election of the
plaintiff.
NOTE: “residence” means place where party actually resides at time of action;
does NOT mean permanent home or domicile.
4. Action against non-resident not found in the Philippines
1. Action Affects the Plaintiff’s Personal Status – in the court of the place where
the plaintiff resides.
2. Action Affects Any Property of the Defendant in the Philippines – where the
property or any portion thereof is situated or found.
5. Rules on Venue shall NOT apply:
1. In those case where a specific rule or law provides otherwise (e.g., civil case
for damages in cases of libel, where Article 360 of RPC provides specific rules
on venue); OR
2. Where the parties have validly agreed IN WRITING before the filing of the
action on the EXCLUSIVE venue thereof.
à In this instance, the action can only be filed in the place agreed upon even if the
other place is the place of residence of the parties or the location of the real
property involved.
Rule 5 Uniform Procedure in Trial Courts
1. The procedure in the MTCs shall be the same as that in the RTC.
2. Uniform Procedure shall NOT be applicable:
1. Where a particular provision expressly or impliedly applies only to either of
said courts.
2. In civil cases governed by the Rule on Summary Procedure.
Rule 6 Kinds of Pleadings
1. Negative Defense – specific denial of the material fact or facts alleged in the
pleading of the claimant essential to his cause of action.
2. Affirmative defense – an allegation of a new matter which, while hypothetically
admitting the material allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him. Includes:
1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality
6. Statue of frauds
7. Estoppel
 8. Former recovery Rule 7 Parts of a Pleading
9. Discharge in bankruptcy 1. 1. Formal Requirements of Pleadings:
10. Any other matter by way of confession or avoidance. 2. 2. Signature of the lawyer constitutes a certification by him that:
1. Caption
3. Compulsory counterclaim – Requisites: 2. Title
1. Arises out of or is necessarily connected with the transaction or occurrence 3. Body divided into headings and paragraphs
which is the subject matter of the opposing party’s claim; 4. Body divided into headings and paragraphs
2. Does not require for its adjudication the presence of 3rd parties of whom the 5. Signature and address
court cannot acquire jurisdiction; and 6. Verification in some cases
3. Must be within the jurisdiction of the court both as to the nature and the 1. He has read pleading
amount, except that in an ORIGINAL action in the RTC, the counterclaim may 2. To the best of his knowledge, information, and belief, there is good ground to
be considered regardless of the amount. support it
à Agustin vs. Bacalang 3. It is not interposed for delay.
A court (if MTC) has no jurisdiction to hear and determine a set-off or counterclaim
3. How a Pleading is Verified: By an affidavit stating that
in excess of its jurisdiction. A counterclaim beyond the court’s jurisdiction may only
be pleaded by way of defense, the purpose of which is to defeat or weaken the 1. Affiant (person verifying) has read the pleading
plaintiff’s claim, but NOT to obtain affirmative relief. MOREOVER, the amount of 2. Allegations therein are true and correct as of his personal knowledge or based
judgment obtained by the defendant on appeal cannot exceed the jurisdiction of the on authentic records. (SC Circular 48-2000, effective May 1, 2000)
court in which the action began. Since the trial court did not acquire jurisdiction
over the counterclaim in excess of the jurisdictional amount, the appellate court 4. A pleading required to be verified which:

likewise did not have jurisdiction over the same. In such a case, the award in excess 1. Contains a verification based on “information and belief”, OR
of the jurisdiction of the trial court is void. 2. Contains a verification based on “knowledge, information and belief,” OR
3. Lacks a proper verification
à Calo vs. Ajax
àShall be treated as an unsigned pleading.
A counterclaim, even if otherwise compulsory, but amount exceeds the jurisdiction of
the inferior court, will only be considered permissive. Hence, fact that it is not set-
up in the inferior court will not bar plaintiff from instituting a separate action to
prosecute it.
5. What pleadings have to be verified:
1. Petition for relief from judgment (38.3)
2. Appeal by certiorari from CA to SC (45.1)
3. Complaint with prayer for preliminary attachment (57. 3)
4. Complaint for injunction (58.4)
5. Complaint for replevin (60.2)
6. Petition for certiorari (65.1)
7. Petition for prohibition (65.2)
8. Petition for mandamus (65.3)
9. Complaint for forcible entry or unlawful detainer (70.4)
10. Petition for appointment of general guardian (93.2)
11. Petition for leave to sell or encumber property of estate or guardian (95.1)
12. Petition for declaration of competency of the ward (97.1)
13. Petition for habeas corpus (102.3)
14. Petition for change of name (103.2)
15. Petition for voluntary dissolution of a corporation (104.1)
16. Petition for cancellation or correction of entries in the civil registry (108.1)
17. Petition to take deposition in perpetuam rei memoriam (before action or
pending appeal) (24.2)
18. Motion to set aside a default order of an inferior court
19. Motion for dissolution of preliminary injunction on the ground of irreparable
damage to the movant while the adverse party can be fully compensated
20. Petition for appointment of receiver
21. Petition for review of the decision of an RTC in cases within the exclusive
original jurisdiction of the inferior court, by and elevated to the CA.
22. Pleadings that need not be verified but must be under oath:
23. Denial of the genuineness and due execution of an actionable document (8.8)
24. Denial of allegations of usury (8.11)
25. Answer to written interrogatories (25.2)
26. Answer to request for admission (26.2)
27. Notice of appeal from administrative tribunals to the CA
6. Supporting affidavits of merit required:
1. Motion to postpone for absence of evidence (30.3)
2. Motion to postpone for illness of a party or counsel (30.4)
3. Motion for summary judgment or opposition thereto (35.1,2,3,5)
4. Motion for new trial on the ground of FAME or opposition thereto (37.2)
5. Petition for relief from judgment (38.3)
6. Third-party claim (39.16)
7. Proof required of a redemptioner (39.30)
8. Motion for preliminary attachment (57.3)
9. Motion for dissolution of preliminary injunction (58.6)
10. Application for writ of replevin (60.2)
11. Claim against the estate of the decedent (86.9)
12. Motion for new trial based on newly discovered evidence in criminal cases
(121.4)
7. Certification against Forum-Shopping: Plaintiff or principal party shall certify
under oath in the complaint or other initiatory pleading or in a sworn certification
annexed and filed therewith:
1. That he has not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency; to the best of his
knowledge no such other claim or action pending;
2. If there is such other pending action, a complete statement of the present
status thereof;
3. If he should thereafter learn that same or similar action or claim is filed or
pending, he shall report the same within 5 days therefrom to the court where
he filed his complaint.
NOTE: FAILURE TO COMPLY NOT CURABLE BY MERE AMENDMENT OF THE 1. When diverse party does not appear to be a party to the instrument; or
COMPLAINT OR PLEADING BUT SHALL BE CAUSE FOR DISMISSAL OF THE CASE 2. When compliance with an order for an inspection of the original instrument is
WITHOUT PREJUDICE; IF THE ACTS OF PARTY OR COUNSEL CLEARLY CONSTITUTE refused.
WILLFUL & DELIBERATE FORUM SHOPPING, GROUND FOR SUMMARY DISMISSAL
à Admission of genuineness and due execution:
WITH PREJUDICE AND CONSTITUTE DIRECT CONTEMPT.
1. Party whose signature appears admits that he signed it, or that it was signed
à For Forum-Shopping to exist, there must be:
by another with his authority
2. Was in words and figures as set out at the time it was signed
1. Same transactions involved;
3. Document was delivered
1. Same essential facts and circumstances; and
4. Any formal requisites required by law which it lacks are waived by him
2. Actions raise identical cause of action, subject matter, and issues.
Rule 8 Manner of Making Allegations in Pleadings
à The following defenses are cut-off by admission of genuineness and due
execution of the document:
1. Allegations of capacity

1. Signature is a forgery
1. Capacity of party to sue or be sued or the authority of a party to sue or be
2. Signature is unauthorized
sued in a representative capacity or the legal existence of an organized
3. Corporation is not authorized under its charter to sign the instrument
association that is made a party must be averred;
1. Party charged signed the instrument in some other capacity than that
2. To raise an issue as to the legal existence of a party or the capacity of a party
alleged in the pleading setting it out
in a representative capacity, do so by specific denial, including such supporting
2. Document was never delivered.
particulars as are peculiarly within the pleader’s knowledge.
3. 4. Specific Denial
2. Action or defense based on document 1. Defendant must specify each material allegation of fact the truth of which he
does not admit;
1. Substance of such document set forth in the pleading; 2. Defendant must set forth the substance of the matters upon which he relies to
2. Original or copy attached to the pleading as exhibit and deemed to be part of support his denial, whenever practicable;
the pleading; OR 3. If denying only part of an averment, he shall specify so much of it as is true
3. Copy may be set forth in the pleading with like effect. and material and shall deny the remainder;
1. 3. How to contest actionable document: Genuineness and due execution of 4. If defendant does not have knowledge or information sufficient to form a
instrument deemed admitted unless adverse party: belief as to the truth of a material averment, he shall so state and this has
1. Specifically denies them under oath; effect of denial.
2. Sets forth what he claims to be the facts.

à Requirement of an oath does NOT apply:

à Negative pregnant – a denial which at the same time involves an admission of the 7. Judgment against party in default shall not exceed the amount or differ in kind
substantial facts in the pleading responded to. from that prayed for nor award unliquidated damages;
8. No defaults in action for annulment or declaration of nullity of marriage or for
5. Allegations not specifically denied, other than those as to amount of unliquidated legal separation.
damages deemed admitted.
Rule 10 Amended and Supplemental Pleadings
Rule 9 Effect of Failure to Plead
1. Amendments of pleadings may be made once as a matter of right:
1. General Rule: Defenses and objections not pleaded in answer or motion to
dismiss are deemed waived (Omnibus Motion Rule). 1. At any time before responsive pleading is served
2. In the case of a reply, anytime within 10 days after service.
Exception: Court shall dismiss the claim, even without allegation in answer or motion
to dismiss, if any of the following appear from the pleadings or the evidence on à Plaintiff may amend complaint as a matter of right even after defendant files a
record: Motion to Dismiss, since the same is not a “responsive pleading.”
1. Lack of jurisdiction over the subject matter;
1. 2. Substantial amendments may be made only with leave of court, except as
2. Litis pendentia between same parties for the same cause;
provided above.
3. Res judicata
2. 3. An amended pleading supersedes the pleading that it amends but
4. Action barred by statute of limitations.
admissions in superseded pleadings may be received in evidence against the
1. 2. Declaration of Default
pleader. (NOT judicial admissions anymore; thus, must be formally offered)
1. Defendant entitled to notice of motion to declare him in default and of order of
3. 4. Claims and defenses alleged in original but not incorporated in the
default;
amended pleading shall be deemed waived.
2. Motion to set aside order of default may be filed after notice and before
judgment;
5. Amended and Supplemental pleadings distinguished:
3. Party may make motion, under oath, to set aside order of default upon proper
showing that failure to answer was due to FAME;
Amended Supplemental
4. Effect of order of default – party in default entitled to notice of subsequent
proceedings but not to take part in trial; Refers to facts existing at the time of the Refers to facts arising after the filing of
commencement of the action the original pleading
5. Partial default – if several defending parties and not all in default, the court
shall try the case against all upon the answers thus filed and evidence Results in the withdrawal of the original Merely an addition, and does NOT result in
pleading the withdrawal of, the original pleading
presented;
6. After declaration of default, court may render judgment on the basis of the Can sometimes be made as a matter of
complaint or require claimant to submit evidence; right Always filed with leave of court