COURT MOTU PROPRIO
PARTY (court order needed)
1. non-joinder or
misjoinder of COA (R2,
S6)
2. court can dismiss
deliberate forum
shopping
3. MTD: lack of juris over
subject-matter
4. MTD: litis pendentia
5. MTD: res judicata
6. MTD: prescription
7. formal amendments
(r10, s4)
8. grant BOP (r12,s2)
UNDER OATH
1. denial of an actionable
document (r8, s8)
2. denial of allegations of
usury in complaint to
recover usurious interest
(r8, s11)
3. motion to set aside
order of default
UPON MOTION OF WITH LEAVE OF COURT WITHOUT LEAVE OF WITH PREJUDICE WITHOUT PREJUDICE
COURT
1. non-joinder or 1. 3rd party complaint 1. Counterclaim (r6, s6) 1. deliberate forum 1. failure to file a cert
misjoinder of COA (R2, (R6, s11) 2. Compulsory shopping (r7, s5) of non-forum shopping
S6) 2. supplemental counterclaim (r6,s7) (r7,s5)
2. motion for a pleadings (r10,s6) 3. Cross-claims (r6, s8)
declaration of default 3. service of summons
(r9,s3) upon foreign private
3. formal amendments juridical entity (r14, s12)
(r10, s4) 4. service of summons
4. supplemental upon defendant who is a
pleadings (r10,s6) resident when his
identity or whereabouts
are unknown (r14, S14)
5. service of summons
upon defendant who is a
resident when he is
temporarily out of the
Philippines (r14, S16)
6. service of summons
via extraterritorial
service (r14, s15)
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MOTION TO DISMISS and some other motions

GROUND REASON/EXAMPLE REMEDY OF THE OPPOSING PARTY

1.states no COA 1. Plaintiff has capacity to sue but is not 1. just re-file it with the RPII
a RPII 2.
2. Defendant is not authorized to be a
party
2. plaintiff has no legal capacity to sue 1. Plaintiff not authorized to be a party. 1.
3. res judicata G: appeal
4. litis pendentia G: appeal
5. no jurisdiction over the person of
the defendant
6. no jurisdiction over the subject- 1. can’t amend the pleading as a matter G: appeal
matter of right because it will result in 
7. improper venue
8. prescription G: appeal
9. claim has been waived, paid,
abandoned, or extinguished
10. unenforceable under statue of
rauds
11. non-fulfillment of condition
precedent
12. failure to file cert of non-forum EXCEPTIONS: 1. just re-file
shopping 1. substantial compliance
2. presence of special circumstances or
compelling reasons
13. deliberate forum shopping 2. with prejudice so r65?
14. declared in default 1. before judgment – motion to set aside order of default (defendant should
have a meritorious defense and default was due to FAME)
2. after judgment but before final and executor – motion for new trial or MR
(r37); also APPEAL as judgment is contrary to law/evidence
3. after final and executor y– petition for relief from judgment (r38)
4. if court acted with GAD – petition for certiorari under R65; annulment of
judgment (R47)
15. court refuses to admit MANDAMUS
amendments as a matter of right
16. non-compliance with court order 1. cert of non-FS
by plaintiff 2. BOP
17. failure to comply with court order
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CONCEPTS/PRINCIPLES:

1. Failure to answer within reglamentary period IS NOT STRICT RULE so the trial court may extend it within sound discretion.
2. All WRITTEN motions shall be set for HEARING. (r15,s4)
3. NOTICE OF DEFAULT should always be given to defendant before he could be declared in default (r9, s3).
4. An MTD and Motion for BOP is NOT a responsive pleading.
5. You can amend BOTH in form or substance (kapag as a matter of right). ONLY substantial amendments kapag with LOC.
6. If issues not alleged in the pleading are tried, they are impliedly consented by parties to be tried so court may order amendment even after judgment. Non-
amendment will not affect the judgment. (r10,s5)
7. From NOTICE any form even if defendant did not receive the notice
From SERVICE  upon RECEIPT of the registered mail
From RECEIPT  from PHYSICAL receipt.
8. Motion for a more definite statement  if complaint is SO general/vague, the court may motu proprio/ex parte order it
Motion for bill of particulars  specifications in the complaint; need for particularity so you could be in a better position to answer. (R12)
9. Motion for BOP CONTAINS: 1. Defects complained of; 2. Paragraphs wherein they are contained; 3. Details desired.
10. If did not obey court order to grant the BOP, the court may either: 1. Order striking out of pleading; 2. Order striking out of the portions of pleading to which
the order was directed; ORRRR 3. Make such other order as it deems just.
11. Service shall be made on the party with no counsel, or to ONE counsel if party/ies has at least one. (r12,s2)
12. Manner of FILING: 1. Personal filing, or 2. By registered mail (date of mailing is date of filing)  RETURN CARD is IMPORTANT to know when to count the
days; EXPRESS MAIL SERVICE – allowed BUT deemed filed when the COC has physically received the documents and fees.
13. MODES OF SERVICE OF pleadings, motions, notices, orders, and other papers: TAKE NOTE OF MODE OF PREFERENCE (R13,s5-8)
a. PERSONAL SERVICE – preferred mode of service; personally, whenever practicable TO: 1. Party or his counsel, 2. By leaving it in his office with his clerk or
person having charge thereof, 3. By leaving a copy from 8am-6pm at party’s or counsel’s residence, IF KNOWN, with a person of sufficient age and discretion (#3
can only happen if #2 is not possible)
b. SERVICE BY MAIL – 1. by registered mail, or 2. Ordinary mail BUT ONLY IF no registered mail is available in the locality of the sender or addressee.
c. SUBSTITUTED SERVICE – if service cannot be made personally or through mail because residence and office of addressee and his counsel is UNKNOWN. So
you deliver the copy to the COC, WITH PROOF of FAILURE of both personal and mail.
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14. MODES OF SERVICE OF judgments, final orders, and resolutions:
a. PERSONAL SERVICE
b. SERVICE BY MAIL
c. PUBLICATION
15. COMPLETENESS OF DELIVERY:
a. PERSONAL SERVICE – upon actual delivery
b. SERVICE BY MAIL – registered (upon actual receipt of addressee, or after 5 days from notice of postmaster); ordinary (after 10 days after mailing).
c. SUBSTITUTED SERVICE – time of delivery of the copy to COC.
16. EFFECT OF NON-COMPLIANCE WITH R13: no court will accept a pleading to be filed if there is no proof of service, so attach the proof of service to what you
file in court.
17. Cancellation of notice of lis pendens may ONLY happen upon court order after proper showing that the notice is for the PURPOSE of molesting the adverse
party, OR that it is NOT NECESSARY to protect the rights of the party who caused the recording.
18. Voluntary appearance = Service of Summons, but if walang voluntary appearance, service of summons is MANDATORY.

19. MODES of Service of summons: 1. Service IN PERSON, 2. Substituted service, or 3. Service by publication.
20. If a defendant refuses the service, the sheriff will not resort to substituted service. He will just tender the summons to the defendant.
21. Substituted service of summon is via a) leaving a copy to defendant’s residence with some person of suitable age (even below 18 as long as he understands
the situation) and discretion residing therein, b) leaving copies at defendant’s office or regular place of business with some competent person in charge.
22. If spouse is WITHIN PHILS, jurisdiction will attach even if defendant is OUTSIDE when summon has been served.
23. Service upon foreign private juridical entity (if may resident agent, personal service to that agent) NOT registered in the Philippines or has NO resident agent,
service is via:
a. personal service coursed through appropriate court in the foreign country with the assistance of DFA
b. publication once in a newspaper of general circulation in country where defendant resides and by registered mail.
c. facsimile or any recognized electronic means.
d. other means
24. Service by publication (ONLY AVAILABLE FOR IN REM OR QUASI IN REM): 1.^, 2. Defendant who is a resident but his identity or whereabouts are unknown, 3.
Resident but temporarily out of the Philippines, 4. Extraterritorial service.
25. Extraterritorial service: if defendant does not reside and is not found in the Philippines and action is in rem or quasi in rem (as in personal status of plaintiff
or property within phils).
26.

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