Civil Actions Fundamentals

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FUNDAMENTALS OF ORDINARY CIVIL ACTIONS  Venue—place where the action is to be filed.

A complaint filed, even the court with
 Rules of Civil Procedure are not self- appropriate jurisdiction, runs ththe
executing. risk of being dismissed, on motion, if
commenced in the wrong place.
Complaint  Types of actions—
 A court, cannot on its own initiative take a. Real—one affecting title to,
cognizance of a case and try to settle possession of, or any interest in
conflicting claims between and among real property and shall be
individuals. It is the act of filing an initiatory commenced and tried in the place
pleading called a complaint, that triggers where the real property involved
both the practical application of procedural or a portion thereof is situated.
rules and laws on jurisdiction—it is also the
very same act which commences a civil b. Personal—may be commenced
action. and tried in the place where the
 Complaint—first pleading filed with the court plaintiff resides or where the
by a party called the plaintiff; primary defendant resides, or in the case
purpose of which is to sue another for the of a non-resident defendant,
enforcement or protection of a right, or where he may be found, at the
prevention or redress of a wrong; and election of the plaintiff.
through which the adverse party, the  To be a plaintiff, one should be a real party in
defendant, is being apprised. interest.
 It is the filing of the complaint which enables A plaintiff “stands to be benefited or
the court to acquire jurisdiction over the injured by the judgment in the suit, or
person of the plaintiff. the party entitled to the avails of the
 Cause of action—has its origins in substantive suit.”
law; an act/omission by which a party
violates the rights of another. The plaintiff will determine who are
 Right of action—procedural in character; is to be impleaded as defendants and
the consequence of the violation of the right identifies who is an “indispensable
of the plaintiff; hence, there is no right of party,” and who is a “necessary party.”
action if there is no cause of action. The distinction is vital
 The plaintiff, in his complaint, should state a because where the party is
cause of action against the defendant. indispensable, his joinder is
 The complaint must be sufficient. The test of compulsory. Without an
sufficiency of the averments in the pleading is indispensable party, no final
whether the court can render a valid determination could be had of
judgment upon the same in accordance with an action.
the prayer in the complaint, assuming that
the facts, as alleged, are true. On the contrary, the non-
 Plaintiff is precluded from instituting more inclusion of a necessary party
than one suit for a single cause of action. does not prevent the court
 Plaintiff, as a fundamental principle, is from proceeding with the
obligated to file his complaint with the court action although without such
vested with jurisdiction over the subject party, no complete relief may
matter of the action. be accorded as to those
Filing of the complaint with the wrong already parties.
court is a ground for dismissal of the  Prescription is one of the well-recognized
complaint with the wrong court is a grounds for the dismissal of a complaint, the
ground for dismissal of the complaint same being a mode of extinguishment of a
either upon motion of the adverse legal obligation.
party or by the court motu proprio.
Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer
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 There are actions which require the In an action for collection of sum of
performance of conditions precedent. money, plaintiff may ask for a writ of
Compliance with such conditions is preliminary attachment of the
imperative and cannot be conveniently defendant’s properties where it is
ignored. shown that the defendant is about to
E.g. Barangay Conciliation; Mandatory depart from the Philippines with the
Arbitration Process (by stipulation); intention of defrauding the plaintiff-
actions between members of the same creditor.
family must be preceded by attempts  Filing of the complaint—act of presenting the
to have the controversy settled and complaint before the clerk of court.
compromised (Art. 151 of the Family Filing must be accompanied by the
Code) payment of the requisite docket fees.
 Any pleading need only state the ultimate Payment of the full amount is
facts, which constitute a party’s claim or mandatory and jurisdictional. Court
defense, not evidentiary facts. acquires jurisdiction over the case
The complaint must specify the relief only upon payment of the prescribed
sought although the rule allows the fees.
addition of general prayer for such
other reliefs as the court may deem Payment of fees must be within the
just or equitable. prescriptive period provided by law.
 The complaint must be dated and signed by E.g. payment of docket fees within the
the party or the counsel representing him. required period is mandatory for the
Signing the complaint is necessary because an perfection of an appeal.
unsigned pleading produces no legal effect.  Possible scenarios after the filing of the
 The complaint must designate the address of complaint:
the party or his counsel. a. Dismissal of the complaint by the plaintiff
 General Rule: Pleading need not be verified. —
Exception: Unless specifically mandated by If the dismissal is made BEFORE the
law or a particular rule, e.g. all pleadings adverse party has served an answer
under the 1991 Rules on Summary Procedure or a motion for summary judgment,
must be verified. Petitions for certiorari, he may have his own complaint
prohibition and mandamus must likewise be dismissed by mere filing of a NOTICE
verified. OF DISMISSAL. Upon such notice, the
 The complaint and other initiatory pleading court shall issue an order confirming
must contain or be accompanied by a such dismissal. This dismissal is
certification against forum shopping. Failure WITHOUT PREJUDICE to it being
to comply is a ground for dismissal of the refiled later UNLESS otherwise stated
complaint upon motion and after hearing. in the notice, or when the refilling is
 Provisional remedies—temporary reliefs that barred by “two-dismissal rule’—as
may be availed of by a party in the meantime when the action has previously been
that the main action is being litigated and dismissed twice by the plaintiff in an
there is yet no final judgment in the case. action based on or including the same
E.g. preliminary attachment, claim.
preliminary injunction, receivership,
replevin or support pendent lite. If the dismissal is made AFTER the
adverse party has served an answer
In an action for forcible entry, the or a motion for summary judgment,
plaintiff may ask for a writ of the plaintiff has to file a MOTION TO
preliminary injunction to restore him DISMISS his complaint. The grant or
the possession of his land during the denial of the motion to dismiss is now
pendency of the main case. a matter of judicial discretion.

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If the court allows the  Summons may be delivered by the sheriff, his
dismissal of the complaint, deputy or other proper officer, or by any
only the same is dismissed. A suitable person authorized by the court
counterclaim, already pleaded issuing summons.
prior to the service upon the  Summons are served—
defendant of the motion for a. Upon the defendant in person; or
dismissal, is not affected by b. By substituted service
the dismissal of the complaint Summons by publication is not a
and is without prejudice to the recognized mode of service for the
right of the defendant to purpose of acquiring jurisdiction over
prosecute his counterclaim in the person of the defendant.
the same or in a separate  It is the service of summons upon the
action. This dismissal is defendant which enables the court to acquire
WITHOUT PREJUDICE to the jurisdiction over his person in those actions
refiling of the complaint, in personam. Summons place the person,
unless otherwise stated in the even an unwilling defendant, under the
order of dismissal. jurisdiction of the Court and is line with the
constitutional due process of “notice.”
b. Dismissal by the court—court may dismiss  Rules on summons upon certain classes of
on its own motion or upon motion of the defendants:
adverse party, or for causes due to the a. Minor/Insane/Incompetent persons—
fault of the plaintiff. service of summons shall be made upon
him personally and on his legal guardian
c. Amendment of the complaint— if he has one, or if none, upon his
Amendment of a pleading is a MATTER guardian ad litem, or in case of a minor,
OF RIGHT as long as it is made BEFORE upon his father or mother.
the other party has served a responsive b. Domestic corporation/partnership—
pleading. Amendment may even be done summons may be made on certain
to correct an error in jurisdiction or to specific persons only like the president,
effect a change in the cause of action managing partner…
provided that the amendment is still a c. Prisoner confined in jail or mental
matter of right—note that an amendment institution—service shall be effective
made as a matter of right may be availed upon him by the officer having charge or
of only ONCE. management of the jail/institution—such
manager is deemed deputized as a special
A plaintiff may amend his complaint as a sheriff for the purpose.
matter of right EVEN AFTER A MOTION  Defendant may file a motion for a bill of
TO DISMISS HAS BEEN SERVED, because particulars—which the court may either
such motion is not a responsive pleading. grant or deny.
If this motion is granted, the party
Amendment may be refused if it appears directed to submit a bill of particulars
to the court that the amendment is must do so within 10 days from
intended for delay. notice; if such order is not obeyed, the
court may order the striking out of
Summons the pleading or portions thereof or
 Upon filing of the complaint and the payment make such order as it may deem just.
of the requisite legal fees, the clerk of court  The defendant may file a MOTION TO
shall issue the corresponding summons to the DISMISS if he believes that a solid basis exists
defendant. for the immediate dismissal of the action.
 Summons order the defendant to file an Normally, a court will wait for a party
answer to the complaint. Attached to the to file a motion to dismiss even if the
summons is a copy of the complaint.
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ground of dismissal is known to it e.g.

improper venue. Failure of the defending party to file
an answer entitles the claiming party
There are, however, grounds for to file a MOTION TO DECLARE IN
dismissal which the court will DEFAULT.
recognize on its own motion e.g.: Court cannot, on its own
Litis pendentia motion, declare the defending
Lack of jurisdiction over the party in default on its motion
subject matter of the action because such declaration
Res judicata should be preceeded by a
Prescription motion to declare the said
party in default together with
A motion to dismiss is an omnibus proof of such failure.
motion—one which attacks a
pleading; it attacks because it seeks When declared in default, the
its dismissal. defending party loses his
standing in court and is not
If no motion to dismiss is filed, any of allowed to take part in the
the grounds of dismissal may be trial. After issuing an order of
pleaded as AFFIRMATIVE DEFENSE default, the court may proceed
IN THE ANSWER and in the discretion to render judgment granting
of the court, a preliminary hearing the claiming party such relief
may be had. as his complaint may warrant
unless, in its discretion it
Dismissal of the complaint does not requires the plaintiff to
necessarily preclude the refiling of the submit evidence on his claim.
same except for bar by a prior
judgment, statute of limitations, the A party declared is still
claim or demand has been entitled to notices of
extinguished, or the claim is subsequent proceedings; he
unenforceable under the provision of may, at any time after notice
the statute of frauds. thereof and before judgment,
file a motion under oath to set
Answer aside the order stating that
 Answer—responsive pleading to the his failure to answer was due
complaint; invokes both negative and to fraud, mistake, accident, or
affirmative defenses. excusable negligence.
If there exists no ground for a motion
to dismiss or if the motion is rightfully A default order will not be
denied, the defendant has to file an issued in an action for ADL
answer. annulment of marriage,
declaration of nullity of
Negative defense—specific denial of marriage, or legal separation
the material fact or facts alleged in the even if defendant fails to file
pleading of the claimant. an answer; instead, the court
shall order the prosecuting
Affirmative defense—essentially attorney to investigate
consists of a hypothetical admission whether or not collusion
of the material allegations in the exists between the parties and
pleading of the claimant, but prevent fabrication of
nevertheless, prevents or bars evidence.
recovery by him.
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 When the defendant files his answer to the

complaint, said answer may be coupled with a Trial
COUNTERCLAIM—a pleading which sets  Should there be no amicable settlement, the
forth a claim a defending party may have case will be set for trial.
against an opposing party; it is always  Plaintiff presents his evidence first; and after,
directed against an opposing party. the defendant. However defendant may move
May be compulsory or permissive. A for the dismissal by way of demurrer to
compulsory counterclaim, which a evidence; if the same is denied, defendant still
defending party has at the time he has the right to present evidence, but if
files his answer, shall be contained reversed on appeal, the defendant is deemed
therein. A permissive counterclaim to have waived his right to present evidence.
does not have to be raised in the same  A trial is NOT an indispensable stage of a civil
proceeding because by its nature, it action. E.g. judgment may be rendered on the
could be invoked as an independent pleadings.
action.
 CROSS-CLAIM—a pleading containing the Judgment
claim by one party against a co-party.  BEFORE judgment becomes final and
E.g. P, plaintiff, files an action for a executor, the aggrieved party may file—
sum of money against A and B; A then, a. MR; or
the defendant, may file a cross claim b. Motion for new trial; or
against B, his co-defendant. If A files a c. Appeal
claim against P, such claim is called a If MR or motion for new trial has been
counter-claim, not a cross-claim. denied, the aggrieved party may
 THIRD PARTY COMPLAINT—filed, with leave appeal from the judgment within the
of court, by a defendant who has a cause of period for appeal following the so
action against one who is not a party to an called “fresh period” rule.
action and so make him a party; this action is  AFTER the judgment becomes final and
a claim for contribution, indemnity, executor, the party may no longer appeal
subrogation or any other relief in respect to because the appeal period has already lapsed.
the plaintiff’s claim. After finality, the prevailing party may, within
 COMPLAINT-IN-INTERVENTION—filed by a 5 years, file a motion for the execution of
person, who is not a party to the action, but judgment in his favor. The losing party, may,
believes that he has a legal interest in the however avail of extraordinary remedies like
matter in litigation. —
a. Petition for relief
Pre-Trial b. Action to annul judgment
 After the last pleading has been served c. Certiorari
and filed, it is the duty of the plaintiff to
promptly move ex parte that the case be Execution and satisfaction of judgment
set for pre-trial, which is mandatory.
 During pre-trial stage, and generally at When all the remedies available to a party have been
any time even before pre-trial or trial, exhausted and the case is finally decided, judgment of
parties may obtain information from each the court shall then be subject to execution. This is
other through various modes of discovery the remedy afforded by the procedural rules for the
like— enforcement of judgment. It is the fruit, as well as the
Depositions end of action.
Interrogatories to parties
Request for admission
Production and inspection of Actions or proceedings governed by the rules of
documents court—
Physical and mental examinations of The Rules of Court shall govern the procedure to be
persons observed in civil actions, criminal actions and special
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proceedings (SEC. 3, RULE 1, ROC), and shall also (4) when analogous exceptional and compelling
apply in all courts except as otherwise provided by circumstances called for and justified the immediate
the SC. (SEC. 2, RULE 1, ROC) and direct handling of the case.
Actions or proceedings not governed by the Rules Doctrine of non-interference—

of Court (SEC. 4, RULE 1, ROC)— Or doctrine of judicial stability holds that courts of
1. Election cases equal and coordinate jurisdiction cannot interfere
2. Land registration cases with each other’s orders. Hence, a RTC has no power
3. Cadastral cases or authority to nullify or enjoin the enforcement of a
4. Naturalization cases writ of possession issued by another RTC as in Suico
5. Insolvency proceedings Industrial Corp v. CA. This principle also bars a court
from reviewing or interfering with the judgment of a
Judicial rules of procedure do not apply to non- co-equal court over which it has no appellate
judicial proceedings, among others, labor disputes. jurisdiction or power of review.
Technical rules of procedure are not This doctrine applies with equal force to
applicable in labor cases but may apply only administrative bodies. When the law provides for an
by analogy or in suppletory character as appeal from the decision of an administrative body to
when there is a need to attain substantial the SC or CA, it means such body is co-equal with the
justice in an expeditious, practical and RTC in terms of rank and stature. (Philippine Sinter
convenient solution to a labor problem. Corp v. Cagayan Electric Power and Light Co., Inc.)
The Supreme Court however emphasized in Doctrine of primary administrative jurisdiction—

Primo v. Mendoza Vda. De Erederos that while A remedy within the administrative machinery must
administrative or judicial bodies are not be resorted to give the administrative officers every
bound by technical rules of procedure, this opportunity to decide a matter within his
rule cannot be taken as a license to disregard jurisdiction. Such remedy must be exhausted first
fundamental evidentiary rules, the decision of before the court’s judicial review can be sought.
the administrative agencies and the evidence Examples:
it relies upon must, at the very least be COA—has primary jurisdiction over money
substantial. claims against government agencies and
_____________________________________________________________ instrumentalities.
MWSS—bid for waterworks projects
Doctrine of Hierarchy of Courts— CSC—employment status of employees
Under the principle of hierarchy of courts, direct DARAB—agrarian dispute or agrarian reform
recourse to this Court is improper because the matters
Supreme Court is a court of last resort and must Mediator-Arbiter and DOLE—determination
remain to be so in order for it to satisfactorily of factual issues in labor situations
perform its constitutional functions, thereby allowing GSIS Board—validity of memorandum
it to devote its time and attention to matters within circulars implementing the GSIS law.
its exclusive jurisdiction and preventing the
overcrowding of its docket. Nonetheless, the Exceptions to this doctrine—
invocation of this Court’s original jurisdiction to issue a. Where there is estoppel on the party
writs of certiorari has been allowed in certain invoking the doctrine;
instances on the ground of special and important b. Where the challenged administrative act
reasons clearly stated in the petition, such as, is patently illegal, amounting to lack of
(1) when dictated by the public welfare and the jurisdiction;
advancement of public policy; c. When there is unreasonable delay or
(2) when demanded by the broader interest of inaction prejudicial to the complainant;
justice; d. Where the amount involved is relatively
(3) when the challenged orders were patent nullities; small so as to make the rule impractical
or and oppressive;

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e. Where the question involved is purely affected by death, resignation, or cessation

legal and will ultimately have to be rom service of the judge presiding over it.
decided by the courts;
f. Where judicial intervention is urgent
g. When its application may cause great and JURISDICTION AND VENUE
irreparable damage;
h. Where the controverted acts violate due Jurisdiction
process; Jurisdiction—power and authority of the court to
i. When the issue of non-exhaustion of hear, try and decide a case.
administrative remedies has been Power to control the execution of the decision
rendered moot; of the court is an essential aspect of
j. When there is no other plain, speedy, and jurisdiction and that the most important part
adequate remedy; of litigation, whether civil or criminal, is the
k. When strong public interest is involved; process of execution of decisions.
l. In quo warranto proceedings
Aspects of jurisdiction—SPIT
Doctrine of adherence of jurisdiction or 1. Jurisdiction over the subject matter;
continuity of jurisdiction— 2. Jurisdiction over the parties;
The court, once jurisdiction has been acquired, 3. Jurisdiction ober the issues involved in the
retains jurisdiction until it finally disposes of the case;
case. Once jurisdiction is vested, the same is retained 4. Jurisdiction over the res or thing involved in
until the end of litigation. the litigation.
Doctrine of ancillary (incidental) jurisdiction— Jurisdiction over the subject matter—power of a court
Authority of an office or tribunal to do all things to hear the type of case that is then before it; include
necessary for the administration of justice within the “real actions,” “personal actions,” or “actions
scope of its jurisdiction; and for enforcement of its incapable of pecuniary estimation.”
judgment and mandate; SEC. 5, RULE 135, ROC
enumerates the powers of the court among which is It is the duty of the court to dismiss an action for lack
xxx to compel obedience to its judgments, orders and of jurisdiction over the subject matter under the ROC;
processes. SEC. 1, RULE 9 xxx when it appears from the
pleadings or evidence on record that the court has no
jurisdiction over the subject matter, the court shall
dismiss the claim.
Constitutional court—one created by direct Jurisdiction over the subject matter is
constitutional provision. An example is the Supreme conferred only by law; hence CANNOT be—
Court, which is the only constitutional court. 1. Granted by agreement of the parties
2. Acquired, waived, enlarged or diminished
Statutory court—one created by law. All courts in the by any act/omission by the parties
Philippines, except the SC, are statutory courts. They 3. Conferred by acquiescence of the court
have been created by statutory enactments. 4. Conferred by administrative policy of any
court.
Court distinguished from a Judge— While conferred by law, jurisdiction is
1. A court is a tribunal officially assembled determined by the allegations in the
under authority of law; a judge is simply an complaint as well as the character of
officer of such tribunal. the relief sought. Settled is the rule
2. A court is an organ of the government with a that jurisdiction is based on the
personality separate and distinct from the allegations in the initiatory pleading.
person or judge who sits on it.
3. Jurisdiction does not attach to the judge but Error of jurisdiction—occurs when the court
to the court. The continuity of the court and exercises jurisdiction not conferred upon it by law;
the efficacy of the proceedings are not may also occur when a court or tribunal, although
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vested with jurisdiction, acts in excess thereof or .

with GADLEJ. Jurisdiction over the person of the defendant is NOT a
prerequisite in ACTION IN REM and QUASI IN REM.
Error of judgment—not to be equated with error of Actions in rem or quasi in rem are not
jurisdiction; this presupposes that the court is vested directed against the person based on his or
with jurisdiction over the subject matter but it her personal liability. Jurisdiction over res is
committed mistakes in the appreciation of facts and acquired by—
evidence. Where a court has jurisdiction, an a. Seizure of the property under legal
erroneous decision CANNOT be deemed VOID processes, whereby the same is brought
although the error may be subject of an appeal under the custody of law; OR
brought by the aggrieved party. b. As a result of the institution of legal
proceedings where the service of
Jurisdiction over the person or jurisdiction in summons or notice to the defendant is
personam—refers to the legal power of the court to not for the purpose of vesting the court
render judgment against a party to an action or with jurisdiction but merely for satisfying
proceeding; the power a court has over a defendant’s the due process requirement.
person.
A person not within the jurisdiction of the Action in personam is an action against a person on
court is not bound by its judgment. Thus, the basis of his personal liability. Action in rem is an
when it is the partnership that is sued for action against the thing itself, instead of against the
mooney, and a partner was not impleaded in person. Action quasi in rem is one wherein an
the action and was not made a party to the individual is named as defendant and the purpose of
case, the property of said partner cannot be the proceeding is to subject his interest therein to the
the object of execution to satisfy a judgment obligation or lien burdening the property.
rendered against the partnership. (Guy v.
Gacott) Also, where the action filed is against Examples of actions in rem—
a stockholder of a corporation, failure to 1. Status of person e.g. petition for annulment of
implead the corporation cannot bind the said marriage, correction of entries in the birth
corporation—in line with the separate certificate; (thing itself, not the person, no
personalities of a partnership and a personal liability)
corporation (COCOFED v. Republic) 2. Forfeiture proceedings
3. Action for annulment of certificate of title
Jurisdiction over the plaintiff is acquired as soon as 4. Allowance or probate of a will
he files his complaint or petition because by mere 5. Land registration case
filing, the plaintiff voluntarily submits himself to the
jurisdiction of the court. Example of a proceeding quasi in rem is an action to
foreclose a real estate mortgage.
Jurisdiction over the person of the defendant is
acquired either by VA SS— NOTE: Regardless of the nature of the action, proper
Voluntary appearance; or by service of summons is IMPERATIVE. A decision
Service of Summons rendered without proper service of summons suffers
Voluntary appearance takes the form of a defect in jurisdiction.
seeking affirmative relief EXCEPT when the
relief sought or is the for the purpose of Jurisdiction over the issues—power of the court to try
objecting the jurisdiction of the court. and decide the issues raised in the pleadings of the
parties
The rule, as it now stands by virtue of SEC. 20, An issue arises because a material allegation
RULE 14, ROC allows the raising of defenses of a claiming party is specifically denied by the
in addition to lack of jurisdiction over the defending party. A denial to be specific, must
person of the defendant without creating an conform to any of the denials prescribed
inference of a voluntary submission to the under SEC. 10, RULE 8, ROC,
court.

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Section 10. Specific denial. — A Jurisdiction over the thing may be acquired by the
defendant must specify each material court—
allegation of fact the truth of which he a. By placing the property or the thing under its
does not admit and, whenever custody or constructive seizure e.g.
practicable, shall set forth the attachment; or
substance of the matters upon which b. Through statutory authority conferring upon
he relies to support his denial. Where it the power to deal with the property or the
a defendant desires to deny only a thing e.g. suits involving the status of parties
part of an averment, he shall specify
so much of it as is true and material NOTE: Any relief granted in rem or quasi in rem
and shall deny only the remainder. actions MUST BE CONFINED to the res, and the court
Where a defendant is without cannot lawfully render a judgment against the
knowledge or information sufficient defendant.
to form a belief as to the truth of a
material averment made to the
complaint, he shall so state, and this CAUSES OF ACTION, ACTIONS AND PARTIES
shall have the effect of a denial.
SEC. 1 RULE 2 ROC requires that every ordinary civil
Under RULE 34 ROC, where an answer fails action must be based on a cause of action.
to tender an issue, or otherwise admits the
material allegations of the adverse party’s Without a cause of action, one cannot, as a rule, seek
pleading, a judgment on the pleadings may be judicial relief.
rendered by the court upon a motion
properly filed. Elements of a cause of action—
Jurisdiction over the issues may also be determined a. Legal right in favor of the plaintiff
and conferred by stipulation of the parties in the pre- b. Correlative legal duty of the defendant to
trial; or by waiver or failure to object to the respect such right
presentation of evidence on a matter not raised in the c. An act or omission by such defendant in
pleadings—here, the parties try, with express or violation of the right of the plaintiff with a
implied consent, issues not raised in the pleadings resulting injury or damage to the plaintiff for
and the issues shall be treated in all respects as if which the latter may maintain an action for
they had been raised in the pleadings (SEC. 5, RULE the recovery of relief from defendant.
10, ROC)
The cause of action must be stated in the complaint. A
Question of Law; Question of Facts— complaint states a cause of action if it SUFFICIENTLY
There is a question of law when doubt or difference AVERS the existence of the three essential elements
arises as to what the law is on a certain set of facts. of a cause of action. If the allegations of the complaint
There is a question of fact when doubt or difference do not state the concurrence of these elements, the
arises as to the truth or falsehood of the alleged facts. complaint becomes vulnerable to a motion to dismiss
on the ground of failure to state a cause of action
Jurisdiction over the ‘res’ or thing—refers to the (Westmont Bank v. Funai Ph Corp.)
court’s jurisdiction over the thing or the property
which is the subject of the action. Res in civil law NOTE: FAILURE TO STATE A CAUSE OF ACTION and
means everything that may form an object of rights, LACK OF A CAUSE OF ACTION are distinct grounds to
in opposition to ‘persona’ which is the subject of dismiss a particular action. FAILURE TO STATE
rights; this term includes an object, subject-matter or CAUSE OF ACTION refers to the insufficiency of
status. allegations in the pleading while LACK OF CAUSE OF
ACTION refers to the insufficiency of the factual basis
NOTE: An action for a sum of money is an action in for the action. Dismissal for the former may be raised
personam. through a motion to dismiss under RULE 16.

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FAILURE TO STATE A CAUSE OF ACTION is a ground a. Existence of the contract; AND

for dismissal before the defendant files a responsive b. Breach of the contract
pleading. Dismissal is without prejudice to the Mere proof of the existence of the contract and
refiling of an amended complaint. the failure of its compliance, justify, prima facie, a
corresponding right of relief.
LACK OF CAUSE OF ACTION applies to a situation
where the evidence failed to prove the cause of action As a rule, negligence, as an element of a quasi-delict,
alleged in the pleading. It is a ground for dismissal, must be alleged and proved (Art. 2176, Civil Code of
using demurrer to evidence under RULE 33 after the the Philippines) but the negligence of those persons
plaintiff has completed presenting his evidence. described under Article 2180 of the Civil Code,
Dismissal constitutes res judicata and bars future although based on a quasi-delict, is presumed—
suits based on the same action. where certain persons like the father, mother,
guardian, owners and managers of an establishment
Action for forcible entry; requisites that need to be or enterprise, employers, the State and teachers or
alleged for the complaint to state a cause of action— heads of establishments of arts and trades are, under
1. Plaintiff must allege prior possession of the specified conditions, liable for the acts of persons for
property whom they are responsible.
2. He must also assert that he was deprived of
possession of the same either by FITSS A cause of action for partition does not preclude the
3. He must file the action within 1 year from the settlement of issue of ownership. An action for
time he learned of the deprivation or was partition is premised on the existence or non-
deprived of the possession of the land or existence of co-ownership between the parties.
building. Unless and until the issue of ownership is resolved, it
would be premature to effect a partition of an estate
Unlawful detainer; requisites that need to be alleged (Spouses Butiong v. Plazo)
for the complaint to state a cause of action—
1. Defendant’s initial possession of the property Joinder of causes of action—assertion of as many
was lawful, either by contract or by tolerance causes of action as a party may have against another
of the plaintiff; in one pleading alone; process of uniting two or more
2. Eventually, such possession became illegal demands or rights of action in one action.
upon plaintiff’s notice to the defendant of the
termination of the latter’s right of possession; RULE 2 Sec. 5. Joinder of causes of action.
3. Thereafter, that the defendant remained in A party may in one pleading assert, in the
possession and deprived the plaintiff of the alternative or otherwise, as many causes of
enjoyment of the property; and action as he may have against an opposing
4. Plaintiff instituted the complaint for party, subject to the following conditions:
ejectment within 1 year from the last demand
to vacate the property. (a) The party joining the causes of action shall
comply with the rules on joinder of parties;
The cause of action in a complaint is not what the
designation of the complaint states, but what the (b) The joinder shall not include special civil
allegations in the body of the complaint define and actions or actions governed by special rules;
describe. E.g. Action for ejectment is a special
E.g. a petition denominated as petition for civil action
review on certiorari under Rule 45 which is
supposed to raise only pure questions of law (c) Where the causes of action are between
may be considered by the court as petition for the same parties but pertain to different
certiorari under Rule 65 because the petition venues or jurisdictions, the joinder may be
alleged GADLEJ. allowed in the Regional Trial Court provided
one of the causes of action falls within the
A cause of action based on breach of contract merely jurisdiction of said court and the venue lies
requires— therein; and

11
(n) Cancellation of correction of entries in the civil

(d) Where the claims in all the causes of registry.
action are principally for recovery of money,
the aggregate amount claimed shall be the *Enumeration is not exclusive; others:
test of jurisdiction. a. Arbitration under the Arbitration Law
b. Petition for W rit of Amparo
Where there are two defendants or two or more c. Liquidation proceeding involving a bank
plaintiff, the causes of action against the defendants
can be joined only if there is compliance with the NOTE: Rules of ordinary civil actions have suppletory
rules of joinder of parties under Sec. 6 RULE 3, i.e. a application in special proceedings. A demurrer to
right to relief exists in favor of or against several evidence under RULE 33 may apply to special
persons whether jointly, severally, or in the proceedings.
alternative, and that right arises out of the same
transaction or series of transactions and that there Special civil actions in the Rules of Court—
exists a question of law or fact common to all 1. Interpleader
plaintiffs or to all such defendants. 2. Declaratory relief and similar remedies
3. Review of judgments and final orders or
RULE 2, Section 6. Misjoinder of causes of action. — resolutions of the COMELEC and COA
Misjoinder of causes of action is not a ground for 4. Certiorari, prohibition and mandamus
dismissal of an action. A misjoined cause of action 5. Quo warranto
6. Expropriation
may, on motion of a party or on the initiative of the
7. Foreclosure of real estate mortgage
court, be severed and proceeded with separately. 8. Partition
9. Forcible entry and unlawful detainer; and
Rules of Special Proceedings under Sec. 1 RULE 72
10. Contempt
ROC—
(a) Settlement of estate of deceased persons;
Real and personal actions; Case Law—
(b) Escheat;
a. An action is real when it affects title to or
possession of real property or an interest
(c) Guardianship and custody of children;
therein; all other actions are personal actions.
(d) Trustees;
b. Where a complaint is denominated as one for
specific performance but nonetheless, prays
(e) Adoption;
for the issuance of a deed of sale for a parcel
of land to enable the plaintiff to acquire
(f) Rescission and revocation of adoption;
ownership thereof its primary objective and
nature is to recover the parcel of land itself
(g) Hospitalization of insane persons;
and thus is deemed as a real action (Gochan v.
Gochan)
(h) Habeas corpus;
(i) Change of name; c. Where the allegations, as well as the prayer in

the complaint do not claim ownership of the
(j) Voluntary dissolution of corporations; lots in question but instead merely seeks for
execution of a deed of sale by defendants, the
(k) Judicial approval of voluntary recognition of action is a personal action (Adamos v. J.M.
minor natural children; Tuason & Co. Inc.)
(l) Constitution of family home;
d. Where an award of a house and lot to the
(m) Declaration of absence and death; plaintiff was unilaterally cancelled, an action

12
that seeks to annul the cancellation of the

award over the said house and lot is a Following may be parties to a civil action—
personal action. The action does not involve a. Natural persons
title to, ownership, or possession of real b. Juridical person
property. The nature of the action is to c. Entities authorized by law
compel the recognition of the validity of the
previous award by seeking a declaration that NOTE: Where the plaintiff is not authorized to be a
the cancellation is null and void. (Hernandez party, a motion to dismiss may be filed on the ground
v. DBP) that the plaintiff has no legal capacity to sue. Where it
is the defendant who is not so authorized, the
complaint may be dismissed on the ground that the
e. An action to foreclose a real estate mortgage pleading asserting the claim states no cause of action
is a real action, but an action to compel the or failure to state cause of action because a complaint
mortgagee to accept payment of the mortgage cannot possibly state a cause of action against one
debt and release the mortgage is a personal who cannot be a party to a civil action.
action. (Hernandez v. Rural bank of Lucena)
An unwilling co-plaintiff is a party who is supposed to
be a plaintiff but whose consent to be joined as a
f. Where the sale is fictitious, with absolutely no plaintiff cannot be obtained as when he refuses to be
consideration, it should be regarded as a non- a party to the action. Under Sec. 10 RULE 3, said
existent contract. There being no contract, plaintiff may be made defendant and the reason
there is nothing to annul by action. The therefor shall be stated in the complaint.
action, therefore, cannot be an action for
annulment of a sale of a fishpond, but one for RULE 3 Section 13. Alternative defendants. — Where
its recovery, which is a real action (Pascual v. the plaintiff is uncertain against who of several
Pascual) persons he is entitled to relief, he may join any or all
of them as defendants in the alternative, although a
NOTE: An action in rem or quasi in rem is treated as right to relief against one may be inconsistent with a
an action in personam if the defendant presents right of relief against the other.
himself in the action.
General Rule: Summons by publication will not enable RULE 3 Section 14. Unknown identity or name of
the court to acquire jurisdiction over the person of defendant. — Whenever the identity or name of a
the defendant. defendant is unknown, he may be sued as the
Exceptions: unknown owner heir devisee, or by such other
1. Under Sec. 14 RULE 14 if identity of the designation as the case may require, when his
defendant is unknown or whose whereabouts identity or true name is discovered, the pleading
are unknown, may be, with leave of court; must be amended accordingly.
2. Under Sec. 16 RULE 14 if the resident
defendant is temporarily out of the country, RULE 3 Section 15. Entity without juridical
with leave of court. personality as defendant. — When two or more
persons not organized as an entity with juridical
Parties personality enter into a transaction, they may be sued
under the name by which they are generally or
Plaintiff—claiming party; does not only apply to the commonly known.
original claiming party; may also apply to a defendant
who files a counterclaim, a cross-claim or a third In the answer of such defendant, the name and
party complaint. addresses of the persons composing said entity must
all be revealed.
Defendant—does not only refer to the original NOTE: Confined only to being a defendant not
defending party. If a counterclaim is filed against the as a plaintiff—see: may be sued
original plaintiff, he becomes a defendant and the
original defendant, a plaintiff in the counterclaim.

13
The death of the client extinguishes the attorney- action, participated therein, and presented evidence
client privilege and divests the counsel to represent in defense of the deceased (Vda. De Salazar v. CA)
the client. A dead client has no personality and
cannot be represented by the attorney, neither does RULE 3 Section 18. Incompetency or incapacity. — If a
he become the counsel of the heirs of the deceased party becomes incompetent or incapacitated, the
unless his services are so engaged by the heirs court, upon motion with notice, may allow the action
(Lawas v. CA)
to be continued by or against the incompetent or
RULE 4 Section 16. Death of party; duty of counsel. — incapacitated person assisted by his legal guardian or
Whenever a party to a pending action dies, and the guardian ad litem.
claim is not thereby extinguished, it shall be the duty
of his counsel to inform the court within thirty (30) Certain actions that survive death of a party—
days after such death of the fact thereof, and to give 1. Actions to recover real and personal property
the name and address of his legal representative or from the estate; e,g, accion publiciana,
representatives. Failure of counsel to comply with his forcible entry, unlawful detainer, ejectment
duty shall be a ground for disciplinary action.
2. Actions to enforce a lien thereon; e.g.
The heirs of the deceased may be allowed to be foreclosure, mortgage
substituted for the deceased, without requiring the
appointment of an executor or administrator and the 3. Actions to recover damages for an injury to
court may appoint a guardian ad litem for the minor person or property
heirs. Action to recover damages arising
from delicts survive under the last
The court shall forthwith order said legal paragraph of RULE 111 Sec. 4.
representative or representatives to appear and be
substituted within a period of thirty (30) days from If the action does not survive death, like legal
notice. separation, the proper action of the court is to
DISMISS the case.
If no legal representative is named by the counsel for
the deceased party, or if the one so named shall fail to RULE 3 Section 20. Action and contractual money
appear within the specified period, the court may claims. — When the action is for recovery of money
order the opposing party, within a specified time to arising from contract, express or implied, and the
procure the appointment of an executor or defendant dies before entry of final judgment in the
administrator for the estate of the deceased and the court in which the action was pending at the time of
latter shall immediately appear for and on behalf of such death, it shall not be dismissed but shall instead
the deceased. The court charges in procuring such be allowed to continue until entry of final judgment. A
appointment, if defrayed by the opposing party, may favorable judgment obtained by the plaintiff therein
be recovered as costs. shall be enforced in the manner especially provided
in these Rules for prosecuting claims against the
NOTE: The court under RULE 3, Sec. 16 is not estate of a deceased person.
required to issue an order to amend the complaint NOTE: ‘Before entry of final judgment’ means
upon being so notified of the death of the party but to that the case is on trial or on appeal.
issue an order requiring the legal representative to
appear and be substituted for the deceased. Neither The winning plaintiff is not supposed to file a
is service of summons required. It is the service of motion for the issuance of order and writ of
the order substitution upon the substitute that execution of judgment, since the action is a
enables the court to acquire jurisdiction over the claim for money, the judgment for money
substitute. favorable to the plaintiff shall be a money
claim against the estate of the decedent under
Formal substitution is however not necessary when Sec. 5 RULE 86 ROC.
the heirs themselves voluntarily appeared in the

14
The action for money claim may mean a claim arising RULE 3 Section 4. Spouses as parties. — Husband and
from law or a quasi-contract but does not include wife shall sue or be sued jointly, except as provided
claims arising from a crime or quasi-delict. by law.
An instance when a spouse need not be joined
RULE 3 Section 19. Transfer of interest. — In case of in a suit involving the other is when litigation
any transfer of interest, the action may be continued pertains to an exclusive property of a spouse.
by or against the original party, unless the court upon But there is an instance where despite the
motion directs the person to whom the interest is separation of property, one spouse may end
transferred to be substituted in the action or joined up being sued and held answerable for the
with the original party. liabilities incurred by the other spouse as in
NOTE: Transferee pendente lite is a party that the liability to creditors for family expenses.
stands EXACTLY in the shoes of the
transferor, the original party. Requisites for a class suit to prosper:
1. Subject matter of the controversy must be
RULE 3 Section 21. Indigent party. — A party may be common or general interest to many persons;
authorized to litigate his action, claim or defense as 2. Persons are so numerous that it is
an indigent if the court, upon an ex parte application impracticable to join all parties
and hearing, is satisfied that the party is one who has 3. The parties actually before the court are
no money or property sufficient and available for sufficiently numerous and representative as
food, shelter and basic necessities for himself and his to fully protect the interests of those
family. concerned; and
4. The representatives sue or defend for the
Such authority shall include an exemption from benefit of all.
payment of docket and other lawful fees, and of
transcripts of stenographic notes which the court A class suit does not lie in actions for the recovery of
may order to be furnished him. The amount of the property where several persons claim ownership of
docket and other lawful fees which the indigent was their respective portions of property as each one
exempted from paying shall be a lien on any could allege and prove his respective right in a
judgment rendered in the case favorable to the different way for each portion of the land so that they
indigent, unless the court otherwise provides. cannot all be held to have identical title through
acquisitive prescription. (Sulo ng Bayan, Inc. v.
Any adverse party may contest the grant of such Araneta)
authority at any time before judgment is rendered by
the trial court. If the court should determine after
hearing that the party declared as an indigent is in
fact a person with sufficient income or property, the
proper docket and other lawful fees shall be assessed PLEADINGS AND MOTIONS
and collected by the clerk of court. If payment is not
made within the time fixed by the court, execution
shall issue or the payment thereof, without prejudice Kinds Of Pleadings
to such other sanctions as the court may impose.
RULE 6 Section 1. Pleadings defined. — Pleadings are
RULE 3 Section 22. Notice to the Solicitor General. — the written statements of the respective claims and
In any action involving the validity of any treaty, law, defenses of the parties submitted to the court for
ordinance, executive order, presidential decree, rules appropriate judgment.
or regulations, the court, in its discretion, may
require the appearance of the Solicitor General who RULE 6 Section 2. Pleadings allowed. — The claims of
may be heard in person or a representative duly a party are asserted in a complaint, counterclaim,
designated by him. cross-claim, third (fourth, etc.)-party complaint, or
complaint-in-intervention.

15
The defenses of a party are alleged in the answer to counterclaim therein. Such cross-claim may include a
the pleading asserting a claim against him. claim that the party against whom it is asserted is or
may be liable to the cross-claimant for all or part of a
An answer may be responded to by a reply. claim asserted in the action against the cross-
claimant.
RULE 6 Section 3. Complaint. — The complaint is the
pleading alleging the plaintiff's cause or causes of RULE 6 Section 9. Counter-counterclaims and
action. The names and residences of the plaintiff and counter-crossclaims. — A counter-claim may be
defendant must be stated in the complaint. asserted against an original counter-claimant.
RULE 6 Section 4. Answer. — An answer is a pleading A cross-claim may also be filed against an original
in which a defending party sets forth his defenses. cross-claimant.
RULE 6 Section 5. Defenses. — Defenses may either RULE 6 Section 10. Reply. — A reply is a pleading, the
be negative or affirmative. office or function of which is to deny, or allege facts in
denial or avoidance of new matters alleged by way of
(a) A negative defense is the specific denial of the defense in the answer and thereby join or make issue
material fact or facts alleged in the pleading of the as to such new matters. If a party does not file such
claimant essential to his cause or causes of action. reply, all the new matters alleged in the answer are
deemed controverted.
(b) An affirmative defense is an allegation of a new
matter which, while hypothetically admitting the If the plaintiff wishes to interpose any claims arising
material allegations in the pleading of the claimant, out of the new matters so alleged, such claims shall
would nevertheless prevent or bar recovery by him. be set forth in an amended or supplemental
The affirmative defenses include fraud, statute of complaint.
limitations, release, payment, illegality, statute of
frauds, estoppel, former recovery, discharge in RULE 6 Section 11. Third, (fourth, etc.)—party
bankruptcy, and any other matter by way of complaint. — A third (fourth, etc.) — party complaint
confession and avoidance. is a claim that a defending party may, with leave of
court, file against a person not a party to the action,
RULE 6 Section 6. Counterclaim. — A counterclaim is called the third (fourth, etc.) — party defendant for
any claim which a defending party may have against contribution, indemnity, subrogation or any other
an opposing party. relief, in respect of his opponent's claim.
RULE 6 Section 7. Compulsory counterclaim. — A RULE 6 Section 12. Bringing new parties. — When the
compulsory counterclaim is one which, being presence of parties other than those to the original
cognizable by the regular courts of justice, arises out action is required for the granting of complete relief
of or is connected with the transaction or occurrence in the determination of a counterclaim or cross-claim,
constituting the subject matter of the opposing the court shall order them to be brought in as
party's claim and does not require for its adjudication defendants, if jurisdiction over them can be obtained.
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 RULE 6 Section 13. Answer to third (fourth, etc.)—
amount and the nature thereof, except that in an party complaint. — A third (fourth, etc.) — party
original action before the Regional Trial Court, the defendant may allege in his answer his defenses,
counter-claim may be considered compulsory counterclaims or cross-claims, including such
regardless of the amount. defenses that the third (fourth, etc.) — party plaintiff
may have against the original plaintiff's claim. In
RULE 6 Section 8. Cross-claim. — A cross-claim is any proper cases, he may also assert a counterclaim
claim by one party against a co-party arising out of against the original plaintiff in respect of the latter's
the transaction or occurrence that is the subject claim against the third-party plaintiff.
matter either of the original action or of a

16
Pleadings allowed under Rules on Summary Procedure When one or more paragraphs in the answer are
— addressed to one of several causes of action in the
1. Complaint complaint, they shall be prefaced by the words
2. Compulsory counterclaim pleaded in the "answer to the first cause of action" or "answer to the
answer; second cause of action" and so on; and when one or
3. Cross-claim pleaded in the answer; and more paragraphs of the answer are addressed to
4. Answer thereto several causes of action, they shall be prefaced by
NOTE: The only pleadings likewise allowed in words to that effect.
actions for forcible entry and unlawful
detainer, being governed by the rules of (c) Relief. — The pleading shall specify the relief
summary procedure. sought, but it may add a general prayer for such
further or other relief as may be deemed just or
Permissive counterclaim, third-party equitable.
complaint, reply and pleading-in-intervention
are prohibited under the Rules on Summary (d) Date. — Every pleading shall be dated.
Procedure.
RULE 7 Section 3. Signature and address. — Every
Parts of a Pleading pleading must be signed by the party or counsel
representing him, stating in either case his address
RULE 7 Section 1. Caption. — The caption sets forth which should not be a post office box.
the name of the court, the title of the action, and the
docket number if assigned. The signature of counsel constitutes a certificate by
him that he has read the pleading; that to the best of
The title of the action indicates the names of the his knowledge, information, and belief there is good
parties. They shall all be named in the original ground to support it; and that it is not interposed for
complaint or petition; but in subsequent pleadings, it delay.
shall be sufficient if the name of the first party on
each side be stated with an appropriate indication An unsigned pleading produces no legal effect.
when there are other parties. However, the court may, in its discretion, allow such
deficiency to be remedied if it shall appear that the
Their respective participation in the case shall be same was due to mere inadvertence and not intended
indicated. for delay. Counsel who deliberately files an unsigned
pleading, or signs a pleading in violation of this Rule,
RULE 7 Section 2. The body. — The body of the or alleges scandalous or indecent matter therein, or
pleading sets fourth its designation, the allegations of fails promptly report to the court a change of his
the party's claims or defenses, the relief prayed for, address, shall be subject to appropriate disciplinary
and the date of the pleading. action.
(a) Paragraphs. — The allegations in the body of a RULE 7 Section 4. Verification. — Except when
pleading shall be divided into paragraphs so otherwise specifically required by law or rule,
numbered to be readily identified, each of which shall pleadings need not be under oath, verified or
contain a statement of a single set of circumstances accompanied by affidavit.
so far as that can be done with convenience. A
paragraph may be referred to by its number in all A pleading is verified by an affidavit that the affiant
succeeding pleadings. has read the pleading and that the allegations therein
are true and correct of his knowledge and belief.
(b) Headings. — When two or more causes of action
are joined the statement of the first shall be prefaced A pleading required to be verified which contains a
by the words "first cause of action,'' of the second by verification based on "information and belief", or
"second cause of action", and so on for the others. upon "knowledge, information and belief", or lacks a
proper verification, shall be treated as an unsigned
pleading.

17
substantially founded on the same transactions and

RULE 7 Section 5. Certification against forum the same essential facts or circumstances, and all
shopping. — The plaintiff or principal party shall raising substantially the same issues either pending
certify under oath in the complaint or other initiatory or already resolved aversely by some other court.
pleading asserting a claim for relief, or in a sworn
certification annexed thereto and simultaneously There is forum shopping where there exist—
filed therewith: (a) that he has not theretofore a. Identity of parties, or at least such parties as
commenced any action or filed any claim involving represent the same interests in both actions;
the same issues in any court, tribunal or quasi- b. Identity of rights asserted and relief prayed
judicial agency and, to the best of his knowledge, no for, the relief founded on the same facts;
such other action or claim is pending therein; (b) if c. Identity of the two preceding particulars is
there is such other pending action or claim, a such that any judgment rendered in the
complete statement of the present status thereof; and pending case, regardless of which party is
(c) if he should thereafter learn that the same or successful, would amount to res judicata in
similar action or claim has been filed or is pending, the other case.
he shall report that fact within five (5) days
therefrom to the court wherein his aforesaid It is the plaintiff or principal party who executes the
complaint or initiatory pleading has been filed. certification against forum shopping under oath. It
must be executed by the party-pleader, not his
Failure to comply with the foregoing requirements counsel. If however, for justifiable reasons, the party-
shall not be curable by mere amendment of the pleader is unable to sign, he must execute SPA
complaint or other initiatory pleading but shall be designating his counsel of record to sign in his behalf.
cause for the dismissal of the case without prejudice, (Uy v. CA)
unless otherwise provided, upon motion and after
hearing. The submission of a false certification or The certification against forum shopping must be
non-compliance with any of the undertakings therein signed by all the plaintiffs or petitioners in a case;
shall constitute indirect contempt of court, without otherwise, those who did not sign will be dropped as
prejudice to the corresponding administrative and parties to the case. Under reasonable or justifiable
criminal actions. If the acts of the party or his counsel circumstances, however, as when the plaintiffs share
clearly constitute willful and deliberate forum a common interest and invoke a common cause or
shopping, the same shall be ground for summary action or defense, signature of only one of them
dismissal with prejudice and shall constitute direct substantially complies with the Rule. (Vda. De
contempt, as well as a cause for administrative Formosa v. PNB)
sanctions.
Violation of the rule requiring the certification
Three ways of committing forum shopping— against forum shopping DOES NOT authorize the
1. Filing multiple cases based on the same cause court to dismiss a case on its own motion or
of action and with the same prayer, the initiative. The rule requires that the dismissal be
previous case not having been resolved yet; upon motion AND after hearing.
2. Filing multiple cases based on the same cause If the case is dismissed for failure to comply
of action and the same prayer, the previous with the certification requirement, the
case having been finally resolved (res dismissal is, as a rule “without prejudice”
judicata). unless the order of dismissal otherwise
3. Filing multiple cases based on the same cause provides.
of action but with different prayers (splitting
of causes of action where the ground for Failure to submit a certification against forum
dismissal is also either res judicata or litis shopping is separate and distinct from forum
pendentia) shopping as a ground for dismissal. A complaint may
be dismissed for forum shopping even if there is a
Forum shopping—is the act by a party of repetitively certification attached and conversely, a complaint
availing of several judicial remedies in different may be dismissed for lack of certification even if
courts, simultaneously or successively, all forum shopping has not been committed. Compliance

18
with the certification requirement is separate from or other condition of the mind of a person may be
and independent of forum shopping itself. averred generally.
General Rule: If a complaint is dismissed for failure to RULE 8 Section 6. Judgment. — In pleading a
comply with the certification requirement, the judgment or decision of a domestic or foreign court,
plaintiff may not appeal the order of dismissal judicial or quasi-judicial tribunal, or of a board or
because an order dismissing an action WITHOUT officer, it is sufficient to aver the judgment or
PREJUDICE is, as a rule, non appealable. There decision without setting forth matter showing
remedy provided for under Sec. 1 RULE 41 is to avail jurisdiction to render it.
the special civil action under RULE 65.
Allegations in Pleadings
Jurisprudence holds that if the forum shopping is not
considered willful and deliberate, the subsequent Condition precedent—matters which must be
case shall be dismissed WITHOUT PREJUDICE on the complied with before a cause of action arises.
ground of either litis pendentia or res judicata. Examples—
However, if it is willful and deliberate both, or all, if a. Tender of payment is required before
there are more than two, actions shall be dismissed making a consignation
WITH PREJUDICE b. Exhaustion of administrative remedies
before resorting to judicial action
RULE 8 Section 2. Alternative causes of action or c. Prior resort to barangay conciliation
defenses. — A party may set forth two or more d. Earnest efforts towards a compromise
statements of a claim or defense alternatively or between family members
hypothetically, either in one cause of action or e. Arbitration
defense or in separate causes of action or defenses.
When two or more statements are made in the Failure to comply with a condition precedent is an
alternative and one of them if made independently independent ground for a motion to dismiss.
would be sufficient, the pleading is not made
insufficient by the insufficiency of one or more of the Pleading actionable document
alternative statements.
RULE 8 Section 7. Action or defense based on
RULE 8 Section 3. Conditions precedent. — In any document. — Whenever an action or defense is based
pleading a general averment of the performance or upon a written instrument or document, the
occurrence of all conditions precedent shall be substance of such instrument or document shall be
sufficient. set forth in the pleading, and the original or a copy
thereof shall be attached to the pleading as an exhibit,
RULE 8 Section 4. Capacity. — Facts showing the which shall be deemed to be a part of the pleading, or
capacity of a party to sue or be sued or the authority said copy may with like effect be set forth in the
of a party to sue or be sued in a representative pleading.
capacity or the legal existence of an organized
association of person that is made a party, must be RULE 8 Section 8. How to contest such documents. —
averred. A party desiring to raise an issue as to the When an action or defense is founded upon a written
legal existence of any party or the capacity of any instrument, copied in or attached to the
party to sue or be sued in a representative capacity, corresponding pleading as provided in the preceding
shall do so by specific denial, which shall include such section, the genuineness and due execution of the
supporting particulars as are peculiarly within the instrument shall be deemed admitted unless the
pleader's knowledge. adverse party, under oath specifically denies them,
and sets forth what he claims to be the facts, but the
RULE 8 Section 5. Fraud, mistake, condition of the requirement of an oath does not apply when the
mind. — In all averments of fraud or mistake the adverse party does not appear to be a party to the
circumstances constituting fraud or mistake must be instrument or when compliance with an order for an
stated with particularity. Malice, intent, knowledge, inspection of the original instrument is refused.

19
General Rule: When a party is deemed to have pleading to be stricken out or that any sham or false,
admitted the genuineness and due execution redundant, immaterial, impertinent, or scandalous
of an actionable document, defenses that are matter be stricken out therefrom.
implied from the admission are necessarily
waived e.g. defenses of forgery of the Filing and Service of Pleadings, Judgments and Other
document, lack of authority to same, that the Papers in Civil Cases
party charged signed the document in some
other capacity than that alleged in the RULE 13 Section 1. Coverage. — This Rule shall
pleading or that the document was never govern the filing of all pleadings and other papers, as
delivered. well as the service thereof, except those for which a
Exceptions: Following defenses may be different mode of service is prescribed.
interposed despite implied admission of
genuineness and due execution of document RULE 13 Section 2. Filing and service, defined. —
— Filing is the act of presenting the pleading or other
a. Payment or nonpayment paper to the clerk of court.
b. Want of consideration
c. Illegality of consideration Service is the act of providing a party with a copy of
d. Fraud the pleading or paper concerned. If any party has
appeared by counsel, service upon him shall be made
RULE 8 Section 9. Official document or act. — In upon his counsel or one of them, unless service upon
pleading an official document or official act, it is the party himself is ordered by the court. Where one
sufficient to aver that the document was issued or the counsel appears for several parties, he shall only be
act done in compliance with law. entitled to one copy of any paper served upon him by
the opposite side.
RULE 8 Section 10. Specific denial. — A defendant
must specify each material allegation of fact the truth RULE 13 Section 3. Manner of filing. — The filing of
of which he does not admit and, whenever pleadings, appearances, motions, notices, orders,
practicable, shall set forth the substance of the judgments and all other papers shall be made by
matters upon which he relies to support his denial. presenting the original copies thereof, plainly
Where a defendant desires to deny only a part of an indicated as such, personally to the clerk of court or
averment, he shall specify so much of it as is true and by sending them by registered mail. In the first case,
material and shall deny only the remainder. Where a the clerk of court shall endorse on the pleading the
defendant is without knowledge or information date and hour of filing. In the second case, the date of
sufficient to form a belief as to the truth of a material the mailing of motions, pleadings, or any other
averment made to the complaint, he shall so state, papers or payments or deposits, as shown by the post
and this shall have the effect of a denial. office stamp on the envelope or the registry receipt,
shall be considered as the date of their filing,
RULE 8 Section 11. Allegations not specifically denied payment, or deposit in court. The envelope shall be
deemed admitted. — Material averment in the attached to the record of the case. (1a)
complaint, other than those as to the amount of
unliquidated damages, shall be deemed admitted RULE 13 Section 4. Papers required to be filed and
when not specifically denied. Allegations of usury in a served. — Every judgment, resolution, order, pleading
complaint to recover usurious interest are deemed subsequent to the complaint, written motion, notice,
admitted if not denied under oath. appearance, demand, offer of judgment or similar
papers shall be filed with the court, and served upon
RULE 8 Section 12. Striking out of pleading or matter the parties affected. (2a)
contained therein. — Upon motion made by a party
before responding to a pleading or, if no responsive RULE 13 Section 5. Modes of service. — Service of
pleading is permitted by these Rules, upon motion pleadings motions, notices, orders, judgments and
made by a party within twenty (20) days after the other papers shall be made either personally or by
service of the pleading upon him, or upon the court's mail.
own initiative at any time, the court may order any

20
RULE 13 Section 6. Personal service. — Service of the of pleadings and other papers shall be done
papers may be made by delivering personally a copy personally. Except with respect to papers emanating
to the party or his counsel, or by leaving it in his from the court, a resort to other modes must be
office with his clerk or with a person having charge accompanied by a written explanation why the
thereof. If no person is found in his office, or his office service or filing was not done personally. A violation
is not known, or he has no office, then by leaving the of this Rule may be cause to consider the paper as not
copy, between the hours of eight in the morning and filed.
six in the evening, at the party's or counsel's
residence, if known, with a person of sufficient age RULE 13 Section 12. Proof of filing. — The filing of a
and discretion then residing therein. pleading or paper shall be proved by its existence in
the record of the case. If it is not in the record, but is
RULE 13 Section 7. Service by mail. — Service by claimed to have been filed personally, the filing shall
registered mail shall be made by depositing the copy be proved by the written or stamped
in the post office in a sealed envelope, plainly acknowledgment of its filing by the clerk of court on a
addressed to the party or his counsel at his office, if copy of the same; if filed by registered mail, by the
known, otherwise at his residence, if known, with registry receipt and by the affidavit of the person
postage fully prepaid, and with instructions to the who did the mailing, containing a full statement of
postmaster to return the mail to the sender after ten the date and place of depositing the mail in the post
(10) days if undelivered. If no registry service is office in a sealed envelope addressed to the court,
available in the locality of either the senders or the with postage fully prepaid, and with instructions to
addressee, service may be done by ordinary mail. the postmaster to return the mail to the sender after
ten (10) days if not delivered.
RULE 13 Section 8. Substituted service. — If service of
pleadings, motions, notices, resolutions, orders and RULE 13 Section 13. Proof of Service. — Proof of
other papers cannot be made under the two personal service shall consist of a written admission
preceding sections, the office and place of residence of the party served, or the official return of the
of the party or his counsel being unknown, service server, or the affidavit of the party serving,
may be made by delivering the copy to the clerk of containing a full statement of the date, place and
court, with proof of failure of both personal service manner of service. If the service is by ordinary mail,
and service by mail. The service is complete at the proof thereof shall consist of an affidavit of the
time of such delivery. person mailing of facts showing compliance with
section 7 of this Rule. If service is made by registered
RULE 13 Section 9. Service of judgments, final orders, mail, proof shall be made by such affidavit and the
or resolutions. — Judgments, final orders or registry receipt issued by the mailing office. The
resolutions shall be served either personally or by registry return card shall be filed immediately upon
registered mail. When a party summoned by its receipt by the sender, or in lieu thereof the
publication has failed to appear in the action, unclaimed letter together with the certified or sworn
judgments, final orders or resolutions against him copy of the notice given by the postmaster to the
shall be served upon him also by publication at the addressee.
expense of the prevailing party.
RULE 13 Section 14. Notice of lis pendens. — In an
RULE 13 Section 10. Completeness of service. — action affecting the title or the right of possession of
Personal service is complete upon actual delivery. real property, the plaintiff and the defendant, when
Service by ordinary mail is complete upon the affirmative relief is claimed in his answer, may record
expiration of ten (10) days after mailing, unless the in the office of the registry of deeds of the province in
court otherwise provides. Service by registered mail which the property is situated notice of the pendency
is complete upon actual receipt by the addressee, or of the action. Said notice shall contain the names of
after five (5) days from the date he received the first the parties and the object of the action or defense,
notice of the postmaster, whichever date is earlier. and a description of the property in that province
affected thereby. Only from the time of filing such
RULE 13 Section 11. Priorities in modes of service and notice for record shall a purchaser, or encumbrancer
filing. — Whenever practicable, the service and filing of the property affected thereby, be deemed to have

21
constructive notice of the pendency of the action, and Every written motion required to be heard and the
only of its pendency against the parties designated by notice of the hearing thereof shall be served in such a
their real names. manner as to ensure its receipt by the other party at
least three (3) days before the date of hearing, unless
The notice of lis pendens hereinabove mentioned the court for good cause sets the hearing on shorter
may be cancelled only upon order of the court, after notice.
proper showing that the notice is for the purpose of
molesting the adverse party, or that it is not RULE 15 Section 5. Notice of hearing. — The notice of
necessary to protect the rights of the rights of the hearing shall be addressed to all parties concerned,
party who caused it to be recorded. and shall specify the time and date of the hearing
which must not be later than ten (10) days after the
All pleadings, motions and papers filed in court shall filing of the motion.
bear, in addition to his Professional Tax Receipt
Number (PTR), his current IBP Official Receipt RULE 15 Section 6. Proof of service necessary. — No
Number indicating its date of issue. (Circular No. 10, written motion set for hearing shall be acted upon by
Bar Matter No. 287) the court without proof of service thereof.
All lawyers must likewise indicate in all
papers and pleadings filed in judicial and RULE 15 Section 7. Motion day. — Except for motions
quasi-judicial bodies, in addition to the requiring immediate action, all motions shall be
previously required PTR and IBP O.R. scheduled for hearing on Friday afternoons, or if
Number. (Bar Matter No. 1132) Friday is a non-working day, in the afternoon of the
next working day.
Motions in Civil Cases
RULE 15 Section 8. Omnibus motion. — Subject to the
A motion is an application for relief other than by a provisions of section 1 of Rule 9, a motion attacking a
pleading (Sec. 1, RULE 15, ROC) pleading, order, judgment, or proceeding shall
include all objections then available, and all
objections not so included shall be deemed waived.
RULE 15 Section 9. Motion for leave. — A motion for

Motions leave to file a pleading or motion shall be
accompanied by the pleading or motion sought to be
RULE 15 Section 1. Motion defined. — A motion is an admitted. (n)
application for relief other than by a pleading.
RULE 15 Section 10. Form. — The Rules applicable to
RULE 15 Section 2. Motions must be in writings. — All pleadings shall apply to written motions so far as
motions shall be in writing except those made in concerns caption, designation, signature, and other
open court or in the course of a hearing or trial. matters of form.
RULE 15 Section 3. Contents. — A motion shall state Motion to Dismiss

the relief sought to be obtained and the grounds upon
which it is based, and if required by these Rules or RULE 16 Section 1. Grounds. — Within the time for
necessary to prove facts alleged therein, shall be but before filing the answer to the complaint or
accompanied by supporting affidavits and other pleading asserting a claim, a motion to dismiss may
papers. be made on any of the following grounds:
RULE 15 Section 4. Hearing of motion. — Except for (a) That the court has no jurisdiction over the person
motions which the court may act upon without of the defending party;
prejudicing the rights of the adverse party, every
written motion shall be set for hearing by the (b) That the court has no jurisdiction over the subject
applicant. matter of the claim;

22
(c) That venue is improperly laid; answer within the period prescribed by Rule 11
counted from service of the amended pleading,
(d) That the plaintiff has no legal capacity to sue; unless the court provides a longer period.
(e) That there is another action pending between the RULE 16 Section 5. Effect of dismissal. — Subject to
same parties for the same cause; the right of appeal, an order granting a motion to
dismiss based on paragraphs (f), (h) and (i) of section
(f) That the cause of action is barred by a prior 1 hereof shall bar the refiling of the same action or
judgment or by the statute of limitations; claim.
(g) That the pleading asserting the claim states no RULE 16 Section 6. Pleading grounds as affirmative
cause of action; defenses. — If no motion to dismiss has been filed,
any of the grounds for dismissal provided for in this
(h) That the claim or demand set forth in the Rule may be pleaded as an affirmative defense in the
plaintiff's pleading has been paid, waived, answer and, in the discretion of the court, a
abandoned, or otherwise extinguished; preliminary hearing may be had thereon as if a
motion to dismiss had been filed.
(i) That the claim on which the action is founded is
enforceable under the provisions of the statute of The dismissal of the complaint under this section
frauds; and shall be without prejudice to the prosecution in the
same or separate action of a counterclaim pleaded in
(j) That a condition precedent for filing the claim has the answer.
not been complied with.
RULE 16 Section 2. Hearing of motion. — At the Dismissal of Actions

hearing of the motion, the parties shall submit their
arguments on the questions of law and their evidence RULE 17 Section 1. Dismissal upon notice by plaintiff.
on the questions of fact involved except those not — A complaint may be dismissed by the plaintiff by
available at that time. Should the case go to trial, the filing a notice of dismissal at any time before service
evidence presented during the hearing shall of the answer or of a motion for summary judgment.
automatically be part of the evidence of the party Upon such notice being filed, the court shall issue an
presenting the same. order confirming the dismissal. Unless otherwise
stated in the notice, the dismissal is without
RULE 16 Section 3. Resolution of Motion. — After the prejudice, except that a notice operates as an
hearing, the court may dismiss the action or claim, adjudication upon the merits when filed by a plaintiff
deny the motion, or order the amendment of the who has once dismissed in a competent court an
pleading. action based on or including the same claim.
The court shall not defer the resolution of the motion RULE 17 Section 2. Dismissal upon motion of plaintiff.
for the reason that the ground relied upon is not — Except as provided in the preceding section, a
indubitable. complaint shall not be dismissed at the plaintiff's
instance save upon approval of the court and upon
In every case, the resolution shall state clearly and such terms and conditions as the court deems proper.
distinctly the reasons therefor. If a counterclaim has been pleaded by a defendant
prior to the service upon him of the plaintiffs motion
RULE 16 Section 4. Time to plead. — If the motion is for dismissal, the dismissal shall be limited to the
denied, the movant shall file his answer within the complaint. The dismissal shall be without prejudice
balance of the period prescribed by Rule 11 to which to the right of the defendant to prosecute his
he was entitled at the time of serving his motion, but counterclaim in a separate action unless within
not less than five (5) days in any event, computed fifteen (15) days from notice of the motion he
from his receipt of the notice of the denial. If the manifests his preference to have his counterclaim
pleading is ordered to be amended, he shall file his resolved in the same action. Unless otherwise
23
specified in the order, a dismissal under this (d) The possibility of obtaining stipulations or
paragraph shall be without prejudice. A class suit admissions of facts and of documents to avoid
shall not be dismissed or compromised without the unnecessary proof;
approval of the court.
(e) The limitation of the number of witnesses;
RULE 17 Section 3. Dismissal due to fault of plaintiff.
— If, for no justifiable cause, the plaintiff fails to (f) The advisability of a preliminary reference of
appear on the date of the presentation of his evidence issues to a commissioner;
in chief on the complaint, or to prosecute his action
for an unreasonable length of time, or to comply with (g) The propriety of rendering judgment on the
these Rules or any order of the court, the complaint pleadings, or summary judgment, or of dismissing the
may be dismissed upon motion of the defendant or action should a valid ground therefor be found to
upon the court's own motion, without prejudice to exist;
the right of the defendant to prosecute his
counterclaim in the same or in a separate action. This (h) The advisability or necessity of suspending the
dismissal shall have the effect of an adjudication proceedings; and
upon the merits, unless otherwise declared by the
court. (i) Such other matters as may aid in the prompt
disposition of the action.
RULE 17 Section 4. Dismissal of counterclaim, cross-
claim, or third-party complaint. — The provisions of RULE 18 Section 3. Notice of pre-trial. — The notice
this Rule shall apply to the dismissal of any of pre-trial shall be served on counsel, or on the party
counterclaim, cross-claim, or third-party complaint. A who has no counsel. The counsel served with such
voluntary dismissal by the claimant by notice as in notice is charged with the duty of notifying the party
section 1 of this Rule, shall be made before a represented by him.
responsive pleading or a motion for summary
judgment is served or, if there is none, before the RULE 18 Section 4. Appearance of parties. — It shall
introduction of evidence at the trial or hearing. be the duty of the parties and their counsel to appear
at the pre-trial. The non-appearance of a party may
be excused only if a valid cause is shown therefor or
if a representative shall appear in his behalf fully
Pre-Trial authorized in writing to enter into an amicable
settlement, to submit to alternative modes of dispute
RULE 18 Section 1. When conducted. — After the last resolution, and to enter into stipulations or
pleading has been served and filed, if shall be the admissions of facts and of documents.
duty of the plaintiff to promptly move ex parte that
the case be set for pre-trial. RULE 18 Section 5. Effect of failure to appear. — The
failure of the plaintiff to appear when so required
RULE 18 Section 2. Nature and purpose. — The pre- pursuant to the next preceding section shall be cause
trial is mandatory. The court shall consider: for dismissal of the action. The dismissal shall be with
prejudice, unless other-wise ordered by the court. A
(a) The possibility of an amicable settlement or of a similar failure on the part of the defendant shall be
submission to alternative modes of dispute cause to allow the plaintiff to present his evidence ex
resolution; parte and the court to render judgment on the basis
thereof.
(b) The simplification of the issues;
RULE 18 Section 6. Pre-trial brief. — The parties shall
(c) The necessity or desirability of amendments to file with the court and serve on the adverse party, in
the pleadings; such manner as shall ensure their receipt thereof at
least three (3) days before the date of the pre-trial,
their respective pre-trial briefs which shall contain,
among others:

24
(a) A statement of their willingness to enter into Section 2. Time to intervene. — The motion to
amicable settlement or alternative modes of dispute intervene may be filed at any time before rendition of
resolution, indicating the desired terms thereof; judgment by the trial court. A copy of the pleading-in-
intervention shall be attached to the motion and
(b) A summary of admitted facts and proposed served on the original parties. (n)
stipulation of facts;
Section 3. Pleadings-in-intervention. — The
(c) The issues to be tried or resolved; intervenor shall file a complaint-in-intervention if he
asserts a claim against either or all of the original
(d) The documents or exhibits to be presented parties, or an answer-in-intervention if he unites
stating the purpose thereof; with the defending party in resisting a claim against
the latter. (2[c]a, R12)
(e) A manifestation of their having availed or their
intention to avail themselves of discovery procedures Section 4. Answer to complaint-in-intervention. —
or referral to commissioners; and The answer to the complaint-in-intervention shall be
filed within fifteen (15) days from notice of the order
(f) The number and names of the witnesses, and the admitting the same, unless a different period is fixed
substance of their respective testimonies. by the court. (2[d]a, R12)
Failure to file the pre-trial brief shall have the same

effect as failure to appear at the pre-trial. Calendar of Cases
RULE 18 Section 7. Record of pre-trial. — The RULE 20 Section 1. Calendar of cases. — The clerk of
proceedings in the pre-trial shall be recorded. Upon court, under the direct supervision of the judge, shall
the termination thereof, the court shall issue an order keep a calendar of cases for pre-trial, for trial, those
which shall recite in detail the matters taken up in whose trials were adjourned or postponed, and those
the conference, the action taken thereon, the with motions to set for hearing. Preference shall be
amendments allowed to the pleadings, and the given to habeas corpus cases, election cases, special
agreements or admissions made by the parties as to civil actions, and those so required by law. (1a, R22)
any of the matters considered. Should the action
proceed to trial, the order shall, explicitly define and RULE 20 Section 2. Assignment of cases. — The
limit the issues to be tried. The contents of the order assignment of cases to the different branches of a
shall control the subsequent course of the action, court shall be done exclusively by raffle. The
unless modified before trial to prevent manifest assignment shall be done in open session of which
injustice. adequate notice shall be given so as to afford
interested parties the opportunity to be present.
Intervention
RULE 20 Section 1. Who may intervene. — A person

who has a legal interest in the matter in litigation, or
in the success of either of the parties, or an interest
against both, or is so situated as to be adversely
affected by a distribution or other disposition of
property in the custody of the court or of an officer
thereof may, with leave of court, be allowed to
intervene in the action. The court shall consider
whether or not the intervention will unduly delay or
prejudice the adjudication of the rights of the original
parties, and whether or not the intervenor's rights
may be fully protected in a separate proceeding.

Civil Actions Fundamentals

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FUNDAMENTALS OF ORDINARY CIVIL ACTIONS  Venue—place where the action is to be filed.

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

ground of dismissal is known to it e.g.

 When the defendant files his answer to the

Actions or proceedings not governed by the Rules Doctrine of non-interference—

The Supreme Court however emphasized in Doctrine of primary administrative jurisdiction—

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

e. Where the question involved is purely affected by death, resignation, or cessation

vested with jurisdiction, acts in excess thereof or .

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

FAILURE TO STATE A CAUSE OF ACTION is a ground a. Existence of the contract; AND

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

(n) Cancellation of correction of entries in the civil

(i) Change of name; c. Where the allegations, as well as the prayer in

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

that seeks to annul the cancellation of the

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

substantially founded on the same transactions and

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

RULE 15 Section 9. Motion for leave. — A motion for

RULE 15 Section 3. Contents. — A motion shall state Motion to Dismiss

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

RULE 16 Section 2. Hearing of motion. — At the Dismissal of Actions

Eloise Coleen S. Perez, JD II Civil Procedure Midterms Reviewer

Failure to file the pre-trial brief shall have the same

RULE 20 Section 1. Who may intervene. — A person

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