LAWS ON VENUES OF ACTION (b) Where an offense is committed in a train, aircraft, or other public or
private vehicle while in the course of its trip, the criminal action shall be
RULE 4
Venue of Actions
Section 1. Venue of real actions. — Actions affecting title to or possession of real
property, or interest therein, shall be commenced and tried in the proper court which
has jurisdiction over the area wherein the real property involved, or a portion thereof, is
situated.
Forcible entry and detainer actions shall be commenced and tried in the municipal trial
court of the municipality or city wherein the real property involved, or a portion thereof,
is situated. (1[a], 2[a]a)
Section 2. Venue of personal actions. — All other actions may be commenced and
tried 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. (2[b]a)
Section 3. Venue of actions against nonresidents. — If any of the defendants does not
reside and is not found in the Philippines, and the action affects the personal status of
the plaintiff, or any property of said defendant located in the Philippines, the action may
be commenced and tried in the court of the place where the plaintiff resides, or where
the property or any portion thereof is situated or found. (2[c]a)
Section 4. When Rule not applicable. — This Rule shall not apply.
(a) In those cases where a specific rule or law provides otherwise; or
(b) Where the parties have validly agreed in writing before the filing of the
action on the exclusive venue thereof. (3a, 5a)
RULE 110
Prosecution of OffensesSection 15. Place where action is to be instituted. —
(a) Subject to existing laws, the criminal action shall be instituted and tried in
the court of the municipality or territory where the offense was committed or
where any of its essential ingredients occurred.
instituted and tried in the court of any municipality or territory where such
train, aircraft or other vehicle passed during such its trip, including the place
of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its
voyage, the criminal action shall be instituted and tried in the court of the first
port of entry or of any municipality or territory where the vessel passed
during such voyage, subject to the generally accepted principles of
international law.
(d) Crimes committed outside the Philippines but punishable under Article 2
of the Revised Penal Code shall be cognizable by the court where the
criminal action is first filed. (15a)
§5 R.A. No. 8369 (Family Courts Act)
Section 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive
original jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18)
years of age but not less than nine (9) years of age but not less than nine (9)
years of age or where one or more of the victims is a minor at the time of the
commission of the offense: Provided, That if the minor is found guilty, the court
shall promulgate sentence and ascertain any civil liability which the accused
may have incurred.
The sentence, however, shall be suspended without need of application
pursuant to Ptesidential Decree No. 603, otherwise known as the "Child and
Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to
the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and
those relating to marital status and property relations of husband and wife or
those living together under different status and agreements, and petitions for
dissolution of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
 f) Summary judicial proceedings brought under the provisions of Executive
Order No. 209, otherwise known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o
neglected children, petitions for voluntary or involuntary commitment of
children; the suspension, termination, or restoration of parental authority and
other cases cognizable under Presidential Decree No. 603, Executive Order
No. 56, (Series of 1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as
amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination
Act," as amended by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or
are likely to result in physical, sexual or psychological harm or
suffering to women; and other forms of physical abuse such as
battering or threats and coercion which violate a woman's
personhood, integrity and freedom movement; and
2) Children - which include the commission of all forms of abuse,
neglect, cruelty, exploitation, violence, and discrimination and all
other conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to
criminal proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any
case pending in the regular courts, said incident shall be determined in that court.
A.M. No. 02-11-10-SC
RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID
MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
Section 4. Venue. - The Petition shall be filed in the Family Court of the province or
city where the petitioner or the respondent has been residing for at least six months
prior to the date of filing. Or in the case of non-resident respondent, where he may be
found in the Philippines, at the election of the petitioner.
A.M. No. 02-11-11
RE: PROPOSED RULE ON LEGAL SEPARATION
Section 2. (c) Venue. - The petition shall be filed in the Family Court of the province or
city where the petitioner or the respondent has been residing for at least six months
prior to the date of filing "or in The case of a non-resident respondent, where he may
be found in the Philippines, at the election of the petitioner.
A. M. No. 08-8-7-SC
THE REVISED RULES OF PROCEDURE FOR SMALL CLAIMS CASES
Section 7. Venue. - The regular rules on venue shall apply.
However, if the plaintiff is engaged in the business of lending, banking and similar
activities, and has a branch within the municipality or city where the defendant resides,
the Statement of Claim/s shall be filed where that branch is located.
LAWS ON UNIFORM PROCEDURE IN TRIAL COURT
RULE 5
Uniform Procedure In Trial Courts
Section 1. Uniform procedure. — The procedure in the Municipal Trial Courts shall be
the same as in the Regional Trial Courts, except (a) where a particular provision
expressly or impliedly applies only to either of said courts, or (b) in civil cases governed
by the Rule on Summary Procedure. (n)
Section 2. Meaning of terms. — The term "Municipal Trial Courts" as used in these
Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal
Trial Courts, and Municipal Circuit Trial Courts. (1a)
RULE 6
Kinds Of Pleadings
Section 1. Pleadings defined. — Pleadings are the written statements of the respective
claims and defenses of the parties submitted to the court for appropriate judgment. (1a)
Section 2. Pleadings allowed. — The claims of a party are asserted in a complaint,
counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-
intervention.
The defenses of a party are alleged in the answer to the pleading asserting a claim
against him.
An answer may be responded to by a reply. (n)
Section 3. Complaint. — The complaint is the pleading alleging the plaintiff's cause or
causes of action. The names and residences of the plaintiff and defendant must be
stated in the complaint. (3a)
Section 4. Answer. — An answer is a pleading in which a defending party sets forth
his defenses. (4a)
Section 5. Defenses. — Defenses may either be negative or affirmative.
(a) A negative defense is the specific denial of the material fact or facts alleged
in the pleading of the claimant essential to his cause or causes of action.
(b) An affirmative defense is 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. The affirmative
defenses include fraud, statute of limitations, release, payment, illegality,
statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any
other matter by way of confession and avoidance. (5a)
Section 6. Counterclaim. — A counterclaim is any claim which a defending party may
have against an opposing party. (6a)
Section 7. Compulsory counterclaim. — A compulsory counterclaim is one which,
being cognizable by the regular courts of justice, arises out of or is connected with the
transaction or occurrence constituting the subject matter of the opposing party's claim
and does not require for its adjudication the presence of third parties of whom the court
cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the
court both as to the amount and the nature thereof, except that in an original action
before the Regional Trial Court, the counter-claim may be considered compulsory
regardless of the amount. (n)
Section 8. Cross-claim. — A cross-claim is any claim by one party against a co-party
arising out of the transaction or occurrence that is the subject matter either of the
original action or of a counterclaim therein. Such cross-claim may include a claim that
the party against whom it is asserted is or may be liable to the cross-claimant for all or
part of a claim asserted in the action against the cross-claimant. (7)
Section 9. Counter-counterclaims and counter-crossclaims. — A counter-claim may be
asserted against an original counter-claimant.
A cross-claim may also be filed against an original cross-claimant. (n)
Section 10. Reply. — A reply is a pleading, the office or function of which is to deny,
or allege facts in denial or avoidance of new matters alleged by way of defense in the
answer and thereby join or make issue as to such new matters. If a party does not file
such reply, all the new matters alleged in the answer are deemed controverted.
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged,
such claims shall be set forth in an amended or supplemental complaint. (11)
Section 11. Third, (fourth, etc.)—party complaint. — A third (fourth, etc.) — party
complaint is a claim that a defending party may, with leave of court, file against a person
not a party to the action, called the third (fourth, etc.) — party defendant for contribution,
indemnity, subrogation or any other relief, in respect of his opponent's claim. (12a)
Section 12. Bringing new parties. — When the presence of parties other than those to
the original action is required for the granting of complete relief in the determination of
a counterclaim or cross-claim, the court shall order them to be brought in as defendants,
if jurisdiction over them can be obtained. (14)
Section 13. Answer to third (fourth, etc.)—party complaint. — A third (fourth, etc.) —
party defendant may allege in his answer his defenses, counterclaims or cross-claims,
including such defenses that the third (fourth, etc.) — party plaintiff may have against
the original plaintiff's claim. In proper cases, he may also assert a counterclaim against
the original plaintiff in respect of the latter's claim against the third-party plaintiff. (n)
§4 to §6, §9, § 19 to §20 of 1991 Revised Rule on Summary Procedure
Sec. 4. Duty of court. — After the court determines that the case falls under summary
procedure, it may, from an examination of the allegations therein and such evidence as
may be attached thereto, dismiss the case outright on any of the grounds apparent
therefrom for the dismissal of a civil action. If no ground for dismissal is found it shall
forthwith issue summons which shall state that the summary procedure under this Rule
shall apply. d-c ch
Sec. 6. Effect of failure to answer. — Should the defendant fail to answer the complaint
within the period above provided, the court, motu proprio, or on motion of the plaintiff,
shall render judgment as may be warranted by the facts alleged in the complaint and
limited to what is prayed for therein: Provided, however, that the court may in its
discretion reduce the amount of damages and attorney's fees claimed for being
excessive or otherwise unconscionable. This is without prejudice to the applicability of
Section 4, Rule 15 of the Rules of Court, if there are two or more defendants.
Sec. 9. Submission of affidavits and position papers. — Within ten (10) days from
receipt of the order mentioned in the next preceding section, the parties shall submit
the affidavits of their witnesses and other evidence on the factual issues defined in the
order, together with their position papers setting forth the law and the facts relied upon
by them.
Sec. 19. Prohibited pleadings and motions. — The following pleadings, motions or
petitions shall not be allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint or to quash the complaint or information
except on the ground of lack of jurisdiction over the subject matter, or failure
to comply with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of
trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other paper;
chanrobles virtual law library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. — The affidavits required to be submitted under this Rule shall
state only facts of direct personal knowledge of the affiants which are admissible in
evidence, and shall show their competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel who submits the
same to disciplinary action, and shall be cause to expunge the inadmissible affidavit or
portion thereof from the record.
§6, §9, §13, §15 to §19 of Revised Rules of Procedure for Small Claims Cases
Section 6. Commencement of Small Claims Action. - A small claims action is
commenced by filing with the court an accomplished and verified Statement of Claim
(Form 1-SCC) in duplicate, accompanied by a Certification Against Forum Shopping,
Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A SCC), and two
(2) duly certified photocopies of the actionable document/s subject of the claim, as well
as the affidavits of witnesses and other evidence to support the claim. No evidence
shall be allowed during the hearing which was not attached to or submitted together
with the Statement of Claim, unless good cause is shown for the admission of additional
evidence.
The plaintiff must state in the Statement of Claims if he/she/it is engaged in the business
of lending, banking and similar activities, and the number of small claims cases filed
within the calendar year regardless of judicial station.
No formal pleading, other than the Statement of Claim/s described in this Rule, is
necessary to initiate a small claims action.
Section 9. Affidavits. - The affidavits submitted under this Rule shall state only facts of
direct personal knowledge of the affiants or based on authentic records, which are
admissible in evidence.
A violation of this requirement shall subject the party, and the counsel who assisted the
party in the preparation of the affidavits, if any, to appropriate disciplinary action. The
inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record.
The non-submission of the required affidavits will cause the immediate dismissal of the
claim or counterclaim.
Section 13. Response. - The defendant shall file with the court and serve on the
plaintiff a duly accomplished and verified Response within a non-extendible period of
ten (10) days from receipt of summons. The Response shall be accompanied by
certified photocopies of documents, as well as affidavits of witnesses and other
evidence in support thereof. No evidence shall be allowed during the hearing which
was not attached to or submitted together with the Response, unless good cause is
shown for the admission of additional evidence.
Section 15. Counterclaims Within the Coverage of this Rule. - If at the time the action
is commenced, the defendant possesses a claim against the plaintiff that (a) is within
the coverage of this Rule, exclusive of interest and costs; (b) arises out of the same
transaction or event that is the subject matter of the plaintiff's claim; (c) does not require
for its adjudication the joinder of third parties; and (d) is not the subject of another
pending action, the claim shall be filed as a counterclaim in the Response; otherwise,
the defendant shall be barred from suing on the counterclaim.
The defendant may also elect to file a counterclaim against the plaintiff that does not
arise out of the same transaction or occurrence, provided that the amount and nature
thereof are within the coverage of this Rule and the prescribed docket and other legal
fees are paid.
Section 19. Appearance of Attorneys Not Allowed. - No attorney shall appear in behalf
of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present his/her claim or defense
and needs assistance, the court may, in its discretion, allow another individual who is
not an attorney to assist that party upon the latter's consent.