Bar Quick Look Civil Procedure

Remedial Law
Quick Look (Second Reading)
VIP:
GR: RC does not apply to:
1. Election cases
2. Land registration cases
3. Cadastral
4. Naturalization
5. Insolvency proceedings
6. Other cases not provided for
: When application of provisions of RC is only be analogy or in a suppletory character, and it is practicable and convenient
1. General Principles
Concepts in Page 1, 1. ROC is a body of rules governing pleadings, practice and procedure.
Remedial Intro 2. They do not original from legislature, hence they cannot be called laws in the strictest sense. However, they have the force and effect of law if not in conflict with
Law positive law because they are promulgated by authority of law.
3. Rules are subordinate to statute and in case of conflict, statute will prevail.
4. It is the very core of procedural due process—a law hears before it condemns, proceeds upon inquiry and renders judgment only after trial and contemplates an
opportunity to be heard before judgment is rendered.
5. Remedial Law is the branch of law which prescribes the method of enforcing rights for obtaining redress for invasion.
6. We cannot separate Remedial Law from Substantive Law. Remedial Law does not establish a right. Substantive law establishes that right but Remedial Law protects and
enforces it.
Substantive Page 1, Substantive Law Remedial Law
law vis-à- Intro Definition It creates, defines and regulates rights concerning life, It prescribes the method of enforcing those rights and obligations created by substantive law to
vis liberty or property, or powers of agencies or obtain redress for their invasion.
Remedial instrumentalities for administration of public affairs.
law Establishment It vests vests and takes away vested rights. No vested rights attach. It only implements an existing right.
of vested rights
Application Prospective 1. It is retroactive for actions pending and undetermined at the time of their passage,
but not to actions already final and executory.
2. New court rules apply to pending cases only.
Origin Legislature Not from legislature but has the force and effect of law provided not in confict with substantive
law.
Authority of SC It cannot be enacted by SC SC is empowered to promulgate procedural rules.
Personal notes:
1. Jurisdiction is not necessarily a matter of substantive law.
a. Jurisdiction over subject matter is a matter of substantive law. This is why it cannot be granted, acquired, waived or diminished by any act or omission of
parties.
b. Jurisdiction over person, property and issues are procedural and governed by RC. Hence, can be waived and agreed upon.
2. Procedural Law will not apply to pending cases when
a. Statute itself or by necessary implication provides that pending actions are excepted from its operation.
b. If applying the rule to pending proceedings would impair vested rights.
c. If in doing so would impair independence of courts or due process.
Rule- Page 1, Power to 1. Power to amend or repeal also carries with it power to overturn judicial precedents through amendment of RC.
making Rule 1 amend 2. RC is liberally construed.
power of Power to 1. Power to suspend technical or procedural rules, or to except a case from their operation when compelling reasons so warrant or when the
SC suspend purpose of justice requires it.
2. If SC does not apply a rule it promulgated, it does not violate its own rules. It is a situation of pro hac vice (on this occasion only).
VIP sections, Transcript Lectures, Riguera Notes, Personal Reviewers by Lee Anne Yabut 1
3. In a case where MTC’s action was patently null and void and SC took cognizance of a petition for certiorari by-passing the RTC, SC did not follow
its own rule on the justification that the action has to be done immediately. Only SC can do that.
4. SC has also sustained appeals filed beyond the reglementary period if shown to be meritorious.
5. If there is a conflict between interest of justice and technicalities, technicalities have to give way.
6. Reasons that would warrant suspension of the Rules:
a. Special or compelling circumstances
b. Merits of the case
c. Cause not entirely attributable to fault or negligence of party favored by the suspension of rules
d. Lack of showing that review sought is frivolous and dilatory (intended to cause delay).
e. Other party will not be unjustly prejudiced thereby
f. Most persuasive and weighty reasons.
g. Relieve a litigant from an injustice not commensurate with his failure to comply with prescribed procedure.
h. GF of defaulting party by immediately paying within a reasonable time from time of default.
i. FAME without appellant’s fault
j. Peculiar legal and equitable circumstances attended to each case.
k. In the name of substantial justice and fair play.
l. Importance of issues involved
m. Exercise of sound discretion by judge guided by all the attendant circumstances
Limitations of Power to promulgate rules:
SC 1. Protection and enforcement of constitutional rights, pleading, practice and procedure in all courts.
2. Admission to the practice of law, integrated bar and legal assistance to the underprivileged.
Limitations of power to promulgate:

1. Rules shall provide a simplified and inexpensive procedure for speedy disposition of cases.
2. Uniform for courts of the same grade
3. Not diminish, increase or modify substantive rights.
Expansion of 1. It was granted for the first time the power to promulgate rules for protection and enforcement of constitutional rights.
Rule-Making 2. It was granted for the first time the power to disapprove rules of procedure of special courts and quasi-judicial bodies.
power of SC 3. 1987 Constitution took away from Congress the power to repeal, alter or supplement rules concerning pleading, practice and procedure. Now,
SC has sole prerogative to amend, repeal and establish new rules.
Nature of Page 2, Meaning of a court. Court Meaning of court Distinguished from a judge
Philippine Intro as distinguished from a A court is an entity or body vested with portion of the judicial power. Court Judge
Courts judge It is public office. It is the person or officer
Personal notes: presiding over court.
1. Only a “portion of judicial power” because the Constitution It continues to exist even He may die, resign, retire or be
provides that judicial power shall be vested in one SC and in if judge dies. removed.
such lower courts as may be established by law. It has jurisdiction over He has no jurisdiction.
2. It does not physically exist. It exists only through legal fiction. case.
It is a creation of law. He is a physical and actual being.
Classification of courts Original and Original jurisdiction Appellate jurisdiction

appellate It is where a case is filed first. It is the authority to review, revise, reverse or modify decisions of
jurisdiction lower court.
Personal notes:
1. SC, CA and RTC are both original and appellate:
a. SC Original when:
i. Cases affecting ambassadors, other public ministers and consuls.
ii. Cases of CPM.
b. Appellate when entertaining questions of law from lower courts.
2. MTC is 100% original court.
General and General jurisdiction Special jurisdiction
special 1. If there is no law which confers jurisdiction over a subject matter to any Can only try cases
jurisdiction particular court, it is assumed to be under general jurisdiction. permitted by statute.
2. It takes cognizance of all kinds of cases, unless otherwise provided by the law
or Rules.
Personal notes:
1. PD 1529 has eliminated the distinction of a cadastral court. Thus, questions involving ownership of title to
real property should be litigated in an ordinary civil action to the court of general jurisdiction where the
property belongs, and not before a land registration court.
2. RTC is a court of general jurisdiction.
Constitutional Constitutional courts Statutory courts

and statutory Creation By direct constitutional provision. By law other than the Constitution.
courts Power of  
Congress to
abolish
Examples Only SC All courts, except SC
Personal notes:
Sandiganbayan is not a constitutional court, rather a constitutionally-mandated court. It is created by PD 1486 but its
existence is provided for in the Constitution.
Courts of law Courts of law and equity Courts of equity

and equity Tribunal duly administering the laws of the land Tribunal that rules according to justice. It adjudicates a
controversy based on what is right and just without inquiring into
the statutes.
Personal notes:
1. Philippine courts are both courts of law and equity. However, it applies to RTC and lower courts to a limited
extent because their jurisdiction depends on whether the case is civil, criminal, probate or courts of land
registration.
2. When the law is silent, decision is based on fair and justice. Equity follows the law. When there is no
applicable law, court will decide according to customs and general principles.
3. Examples:
a. Estoppel—you cannot disown your own representation after leading a 3rd party with it.
b. Laches—if you delay enforcement of a certain right, you are no longer entitled to it.
c. Solutio indebiti—no one should enrich himself at the expense of another.
4. Courts are not authorized to apply equity if there is a specific statutory provision. If there is no law, that is
the time courts go to Laws on Equity.
5. Reyes vs. Lim:
a. There was a conditional sale to sell land. The buyer gave a downpayment of 10M but noticed that
the seller had no intention to continue the sale. He filed an action to rescind or annul the contract.
During pendency of the case, he asked the court to require the seller to deposit his 10M
downpayment because he noticed that the seller is squandering his money. Defendant said that
the provisional remedy is not found in the Rules.
b. HELD: SC allowed a deposit as provision remedy pro hac vice, on that particular case, using its
Equity Jurisdiction
Principle of judicial 1. This principle arises in case there is concurrent jurisdiction.

hierarchy 2. Courts follower a “Ladder Approach” in which if a plaintiff can file an action in the lowest court, the action must be filed there first,
unless he has a compelling reason to file it in a higher court.
Personal note: Take the case of Saint Martin’s which said that Petition for Certiorari under Rule 65 should follow the Ladder Approach. Hence,
keep in mind that not all petitions for certiorari are filed directly to SC. It should be filed to CA first.
Doctrine of non- 1. A court cannot issue an order against a co-equal court. An RTC cannot enjoin the acts of another RTC.
interference or doctrine of 2. This also applies to quasi-judicial agencies.
judicial stability RTC cannot enjoin SEC because the have equal ranks. Thus, defendant must go to CA by way of Rule 43.
Personal notes:
1. GR: NO court has the authority to interfere with the judgment and decrees of another court with concurrent or coordinate
jurisdiction through an injunction.
2. Courts cannot review or interfere with judgment of a co-equal court. This aplso applies to administrative bodies.
2. General Principles on Jurisdiction

Jurisdiction of courts
SC Original Appellate
Exclusive CPM against CA, COMELEC, COA, CTA and Sandiganbayan Petitions for Review on Certiorari (Rule 45) against:
Concurrent CA CPM against: 1. CA, Sandiganbayan
1. RTC 2. RTC in cases involving:
2. NLRC (note that all petitions over NLRC cases is to a. Constitutionality or validity of a treaty,
CA, unless there are compelling and exceptional international or executive agreement, law, PD,
circumstances) proclamation order, instruction ordinance or
CA and RTC 1. CPM against courts of first level and other bodies regulation
2. Habeas Corpus and Quo Warranto b. Legality of tax, imposed, assessment, toll or penalty
RTC Actions against ambassadors, other public ministers and in relation thereto
consuls c. Jurisdiction of lower court
Sandiganbayan 1. CPM, Habeas Corpus, injunctions and ancillary writs d. Pure error or question of law (note that appeals
in aid of its appellate jurisdiction from MTC decisions is to RTC even if on pure
2. Petitions of similar nature, including quo warranto questions of law)
in PCGG cases 3. CTA en Banc
CA, 1. Writ of Amparo 4. Final judgment or order in a Writ of Amparo or Habeas Data
Sandiganbayan 2. Writ of Habeas Data case.
and RTC
Personal notes:
1. Legislature can increase the jurisdiction of SC provided it is with SC’s consent. Legislature cannot lessen it.
2. The procedural limitation in filing CPM is the Principle of Hierarchy of Courts. SEC 4, RULE 65 provides that these should be filed first to RTC or CA, rather than directly going to
CA. This limitation also applies to Quo Warranto and Habeas Corpus.
a. CPM may be directly filed to SC only when there are special and important reasons. These reasons must be specifically set out in the petition.
3. RA 8369 (Family Code) did not deprive CA and SC of their jurisdiction over habeas corpus cases involving custody of minors because the primary consideration is the welfare of
the child. A literal interpretation of “exclusive” will result in grave injustice.
4. Petition for Review on Certiorari under Rule 45 should be filed in order for SC to review appeals in civil cases.
5. Appeals from SEC and naturalization/denaturalization cases, decisions of constitutional commissions, decisions of CSC and CBAA shall be taken by CA as Petitions for Review
Rule 43 due to an amended by RA 7902 to SEC 9 BP 129.
a. Note: Petition for Review on Certiorari to SC under Rule 45 is different from Petitions for Review to CA under Rule 43.
b. COMELEC and COA decisions are reviewable by SC.
6. GR: There is no law in the Constitution or BP 120 that authorized SC to annul judgments rendered by the CA.
a. : Equity jurisdiction under Rule 65 based on the same grounds under Rule 47 (Extrinsic Fraud and Lack of Jurisdiction).
7. SC, not CA, has appellate jurisdiction over constitutional, tax or jurisdictional questions even if these involve questions of fact or mixed questions of fact and law.
CA Original Appellate
Exclusive 1. Annulment of judgments of RTC Ordinary appeals 1. RTC, except in cases exclusively appealable to SC
2. SCA Certiorari against RTC’s order approving or 2. Family Courts
disapproving the rehabilitation plan or any order 3. Special Commercial Courts
issued after approval of the rehabilitation plan Appeal by petition 1. CSC
Concurrent SC CPM against: for review (Rule 2. SEC
1. RTC 43) 3. LRA
2. NLRC 4. SSC
SC and RTC 1. CPM against courts of 5. GSIS
first level and other 6. ECC
bodies 7. IC
2. Habeas Corpus and 8. BOI
Quo Warranto 9. Philippine Atomic Energy Commission
SC, Sandiganbayan 1. Writ of Amparo 10. Office of President
and RTC 2. Writ of Habeas Data 11. Civil Aeronautics Board
12. Bureau of Patents, Trademarks and Technolongy Transfer
13. ERB
14. NTC
15. DAR
16. CIAC
17. Voluntary arbitrators authorized by law
18. Naturalization and denaturalization cases
Any other quasi- Notes:
judicial agency, 1. Decisions of CTA En Banc are now appealable straight to SC
instrumentality, under Rule 45.
board or 2. Decisions of CTA Division denying an MR are appealable to CTA
commission in En Banc by Petition for Review.
exercise of quasi- 3. Judgments or final orders of CBAA are appealable to CTA within
judicial functions 30 days from filing a Petition for Review analogous to Rule 42.
4. Judgments or final orders of CBAA in exercise of appellate
jurisdiction are appealable to CA by Petition for Review
analogous to Rule 43
Petition for review RTC in cases appealed to it from the lower courts
(Rule 42)
Petition for review RTC acting as a Special Agrarian Court
(Rule 42)
Note: CTA now has exclusive appellate jurisdiction over RTC decisions on local tax cases, tax crime
cases and tax collection cases.
Notes:
1. CA can try cases if it is necessary to resolve factual issues raised in cases under its original and appellate jurisdiction (SEC 9 BP 129). This must be evidence overlooked by the
court or evidence referring to incidental facts, which were nto 100% touched upon.
2. If an appellant in a civil case pending in the CA filed a motion for reception of specified evidence for the purpose of clarifying facts which are already in record, the motion may
still prosper subject to CA’s discretion. Under SEC 9 BP 129, CA still has the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to
resolve factual issues raised. This includes the power to grant and conduct new trials or further proceedings.
a. NOTE: At the time this question was asked, the correct answer was that the motion will not prosper because SEC 9 BP 129 (amended by EO 33 in July 1986) provided
that CA receive evidence in appealed cases only when an MNT on the ground of newly discovered evidence was granted by it. SEC 9 was subsequently amended by RA
7902.
3. When exclusive jurisdiction over appeals on tax cases where transferred to CTA, it also transferred certiorari powers in aid of appellate jurisdiction. This includes all auxiliary
writs, processes and other means incidental and necessary to such effect.
4. CA can only annul judgments of RTC under Rule 47, and not of MTC because it is a court of limited jurisdiction.
a. This means MTC judgments are immune from CA’s annulment. Only RTC has jurisdiction to annul judgments of MTC.
b. The basis for RTC’s authority is general jurisdiction wherein it can entertain and decide all kinds of actions not specifically given to other courts. There are no other
substantive laws giving this power.
c. Only the CA can try and decide whether to annul RTC’s decision. If filed before SC, it will not be entertained.
5. If there is a petition of mandamus filed both in SC and CA, it will result to Forum Shopping
a. SEC 17, Interim Rules of SC, “no petition for CPM, Habeas Corpus or Quo Warranto may be filed in CA and another similar petition is pending or filed with SC and vice
versa, unless SC reviews the action taken by CA on the petition filed in it. Violation of this Rule shall constitute contempt of court and shall be a cause for summary
dismissal of both petitions”.
6. SC, not CA, has jurisdiction over appeals against decisions of COMELEC and COA.
7. In order for CA to review decisions of quasi-judicial instrumentalities, these must exercise quasi-judicial functions, not quasi-legislative. Rules of general applicability governing
administrative policies and functions are not included in appealable orders under CA, unless other laws specifically provide. For these orders, RTC has jurisdiction.
a. Appeals under Rule 45 apply only to judgments of courts under SEC 1, not of quasi-judicial agencies.
b. Thus for quasi-judicial agencies, it must be Rule 43.
8. In order to review decisions of NLRC, petition must be for SCA of Certiorari filed with CA.
9. In order to review decisions of Ombudsman, petition must before Appeal under Rule 43.
Sandiganbayan Exclusive 1. Civil cases filed pursuant to EO 1,2,14 and 14-A (PCGG cases for forfeiture of ill-gotten wealth).
Original 2. CPM, Habeas Corpus, Injunctions and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo
warranto arising or that may arise in cases filed or which may be filed under EO 1,2, 14 and 14-A; provided that jurisdiction over these petitions shall not be
exclusive of SC.
Concurrent With SC, CA and RTC—Petition or Writ of Amparo and Habeas Daata.
original
RTC Original Appellate
Exclusive 1. Actions in which the subject of litigation is incapable of pecuniary estimation. All cases
2. Actions involving title to or possession of real property or an interest in it, if the assessed value exceeds 20,000 or 50,000 (in Metro decided by
Manila) MTCs
a. : Forcible entry and unlawful detainer
3. Actions in admiralty and maritime jurisdiction where demand or claim exceeds 300,000 or 400,000 (in Manila).
4. Matters of probate, testate or intestate where the gross value of estate exceeds 300,000 or 400,000.
5. Actions involving marriage and marital relations.
6. Cases not within exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions:
a. EX: Boundary dispute between municipality and an independent component city.
7. Other cases where demand exceeds 300,000 or 400,000.
a. This is exclusive of interest, damages, attorney’s fees, litigation expenses and costs, or the value of property exceeds 300,000
or 400,000.
8. Actions for annulment of MTC judgments
9. Actions for recognition and enforcement of arbitration agreement, vacation or modification of arbitration award, its application and
supervision.
10. Citizen suit under SEC 41, Clean Air Act.
11. Petition for assistance in the liquidation of a bank or quasi-bank filed by a received pursuant to SEC 30, New Central Bank Act
Concurrent SC Actions against ambassadors, other public ministers and consuls
SC and CA 1. CPM against courts of first level and other bodies
2. Habeas Corpus and Quo Warranto
SC, CA and 1. Writ of Amparo
Sandiganbayan 2. Writ of Habeas Data
Special 1. Cases involving violations of IPR.
Commercial 2. Cases under SEC 5, PD 902-A:
Court a. Fraud scheme cases
b. Intra-corporate disputes
c. Election cases
d. Petitions for suspension of payments and/or rehabilitation proceedings.
3. Rehabilitation, insolvency and liquidation (RIL) cases under Financial Rehabilitation and Insolvency Act (FRIA) and those emanating from
administrative proceedings
Special Original and exclusive jurisdiction over all petitions for determination of just compensation to landowners and prosecution of all criminal offenses
Agrarian under CARL.
Courts
Factors that determine whether or not RTC has jurisdiction over a given civil case:
1. Is the action capable of pecuniary estimation?
2. Is the action is a real action?
3. If the amount is known, is it within the ambit of jurisdictional amount?
Incapable of 1. If there are two causes of action and one has a value, the principal action or remedy sought is the deciding factor to determine if it is incapable of
pecuniary pecuniary estimation or not. If the basic issue is something other than the right to recover a sum of money, or if money claim is only incidental to the
estimation principal relief, it is incapable of pecuniary estimation.
Incapable of pecuniary estimation Capable of pecuniary estimation
Basic issue is either: 1. Primarily for recover of sum of money
1. Something other than the right to recover sum of money 2. Amount of claim determines jurisdiction.
2. Where the money claim is merely incidental to, or a consequence
of the principal relief sought.
a. Plaintiff brought a diesel engine and defendant warranted that all spared parts will be sent. It took defendant to send the replacement
parts. Plaintiff filed a complaint against defendant of rescission of contract and damages. It prayed for rescission, reimbursement of
price, and actual damages of 4,000. Defendant moved to dismiss the complaint on the ground that the amount claimed, 8,735, is below
the jurisdictional amount of 10,000. Should the court grant the MD?
i. NO. No award of damages may be had in an action for rescission without first conducted an inquiry into the matters that would
justify the setting aside of a contract. The fact that trial court had to inquire into specific facts (i.e. whether sufficient stock of
spare parts was kept by defendant) in order to determine whether plaintiff was entitled to relief.
2. If causes are alternative, joinder may be allowed in the RTC as long as one of them falls within its jurisdiction.
3. When a party to a contract has agreed to refund the other party a sum upon compliance of the other of certain conditions or when only upon
compliance, what is due may be demanded, it is not capable of pecuniary estimation.
4. Alternative and additional reliefs:
Action for performance of “compel performance or pay sum” Action for performance “compel and pay sum”
It is capable of pecuniary estimation because alternative relief for damages in It is incapable of pecuniary estimation because damages is not an equivalent
the form of “pay sum” is capable of pecuniary estimation. of the action or performance. It was prayed for as an additional relief rather
than an alterative relief.
Incapable of pecuniary estimation within the jurisdiction Incapable of pecuniary estimation Recovery of money but case is classified as incapable
of RTC but are not within the jurisdiction of of pecuniary estimation
RTC
1. Actions for SP 1. Annulment of judgment 1. Foreclosure of mortgage—Whether or not
2. Actions for support which will require rendered by RTC (CA) mortgagee has the right to foreclose (not
determination of civil status 2. Annulment of arbitral capable of pecuniary estimation)
3. Right to support of the plaintiff award by barangay court 2. Expropriation—Whether or not plaintiff has
4. Annulment of decisions of lower courts acting as an arbitral body right to expropriate (not capable of
5. Rescission or reformation of contracts (MTC, as provided by pecuniary estimation)
6. Interpretation of a contractual stipulation LGC)
7. Rescission of contract 3. CPM (not exclusively
8. Action for declaratory relief by express cognizable by RTC) NOTES:
provision of law 1. In foreclosure proceedings, court cannot
9. Action for permanent injunction against order payment of loan and then decide
somebody issue of foreclosure. It must first adjudicate
10. Action questioning validity of mortgage if plaintiff has right to foreclose.
11. Annulment of deed of sale or conveyance 2. Riguerra Book states that foreclosure suit is
12. Action to recover price paid a real action with jurisdiction depending
upon the assessed value of the property. It
NOTE: An action to redeem land is considered an action is the more persuasive view because the
for SP if other than the right to recover money, money is a principal relief sought is to divest the rights
consequence of the principal relief sought. in real property of mortgagors and junior
encumberancers and to vest their rights in
the purchaser.
Notes on Incapable of Pecuniary Estimation:

1. An action for injunction is incapable of pecuniary estimation because it concerns with demanding or refraining an act. SC has no jurisdiction because
it is vested in the RTC in its exclusive original jurisdiction.
a. Action for injunction seeking to enjoin the Bases Conversion and Development Authority from demolishing remaining structures in Fort is
expressed by SEC 21 RA 7227 (Bases Conversion Act) to be solely under SC.
2. An action for abatement of nuisance is incapable of pecuniary estimation even if the plaintiff prays for damages. Abatement concerns with the act of
demolishing or putting down a nuisance.
3. On actions for partition:
If main purpose is distribution and delivery of specific portion of property If main purpose is annulment of deed of partition and declaration of
heirs
It is capable of pecuniary estimation Partition is only incidental and action is incapable of pecuniary estimation.
Thus, jurisdiction may be with MTC or TC depending on the assessed value of
the property or interest.
4. A files an action for partition in MTC against B, the natural son of A’s father. B moves to dismiss it because it should be under RTC as it involves
hereditary rights. Was B correct?
a. NO. An action for partition is a real action. Hence, MTC has jurisdiction if the assessed value does not exceed 20,000.
5. On actions for recovery of sum of money:

Obligation to pay debt is not If party agrees to refund a sum only upon If the respondent agreed to refund after expiration of time specified in
condition upon any specific fact compliance of certain conditions the contract and plaintiff filed a complaint for such refund
or matter
It is capable of pecuniary It is not capable of pecuniary estimation It is capable of pecuniary estimation because the refund is no longer
estimation; like in collection of because payment is only incidental and conditioned upon any specific fact or matter but upon the expiration of the
debts. can be ordered only after a determination period from execution of contract. Hence, if the refund is below 10,000,
of certain acts MTC has jurisdiction in purview of Small Claims.
6. An action to compel assignment of shares of stock (shares in his name were cancelled and new shares issued to another) is an action for recovery of
personal property and not incapable of pecuniary estimation (Gochan vs Gochan, GR 146089)
7. Action to determine whether the Ombudsman has the power to inquire into bank accounts under SEC 15 RA 6770 even if there is no pending case is
an action for declaratory relief. Hence, it is under RTC because it is incapable of pecuniary estimation.
8. Validity of resolution of a GOCC is incapable of pecuniary estimation even if it imposes new and higher monetary (water) rates.
9. Petitioners filed an action or reformation under RTC. When RTC decided against them, petitioners opposed the writ of execution on the grounds of
lack of jurisdiction. They filed a petition for annulment of RTC judgment with CA invoking that the subject matter of the case was a subdivision lot,
hence lying with the HLURB. May the CA annul the decision?
a. NO. Petitioners are estopped as they are the ones who invoke the jurisdiction of the court a quo by instituting an action for reformation. In
the duration of the trial, which lasted 2 years, they never raised the issue of jurisdiction. It was only after the trial rendered the decision that
they raised it the first time and only because it was unfavorable.
10. Petitioners’ father was granted a free patent. The father sold the land to B within the prohibitory 5-year period. Thus, petitioners filed an action for
repurchase against B based on SEC 119, Public Land Act. B alleged that assessed value of land does not exceed 20,000, hence it should be filed with
MTC. Is B right?
a. NO. Complaint to redeem a land subject of a free patent is a civil action incapable of pecuniary estimation. Even if the action involves title of
the land sold, reacquisition of lots is only incidental by the right to redeem pursuant to SEC 119. Reconveyance is not the main relief sought.
It is only the outcome of the performance of obligation to return the property as provided by CA 141.
Real actions These are civil actions that involve title and possession of real property or real property interest:
1. Assesse value is the basis.
a. If it is outside of Metro Manila, it must exceed 20,000 to be under RTC.
b. If it is in Metro Manila, it must exceed 50,000 to be under RTC.
2. Best examples of civil actions that involve title and possession of real rights are:
a. Accion publican
b. Accion reinvidicatoria
c. Quieting of title
3. If it is an action for forcible entry and unlawful detainer of lands and buildings, it is within MTC. No RTC.
4. It is possible to have a real action but considered incapable of pecuniary estimation. In foreclosure, the determinative issue is the right of mortgage to
foreclose, not the value of property.
a. In these cases, the character of the action as a real action is essential in determining venue, not jurisdiction.
5. If real property does not have an assessed value, values of neighboring lots are used to determine jurisdiction of the court.
Ultimate Objective Test (what is the main action sought):

1. Ultimate objective must be to obtain title or possession of land in order for it to be qualified as a real action.
2. For real actions (or actions capable of pecuniary estimation), if petitioners fail to allege the assessed value of the property, complaint must be
dismissed because it cannot be determined which trial court had original and exclusive jurisdiction.
a. A filed with MTC a case for unlawful detainer. He bought the property from seller but he found the defendant staying in it. MTC held tha
tit did not have jurisdiction because issue of possession cannot be properly determined without settling issue of ownership. RTC, on
appeal, agreed with MTC. CA reversed the decision on the ground that A failed to allege the assessed value of the property.
i. CA was not correct. Requirement that there must be an allegation of the assessed property applies only if the courts are in
exercise of their original jurisdiction. It is immaterial if court is exercising appellate jurisdiction because SEC 22 BP 129 does not
provide any amount or value of subject matter that would limit appellate jurisdiction (Arrienda vs. Kalaw)
ii. AUTHOR’S NOTES: However, MTC actually had subject matter jurisdiction because court may resolve issue of ownership for the
limited purpose of determining issue of possession in ejectment case. Holding that assessed value does not apply to appellate
jurisdiction is faulty. If the MTC had no subject matter jurisdiction, this defect cannot be cured by appeal, unless it is under SEC 8
RULE 40 (Partial Motion for New Trial). Here, SEC 8 RULE 40 does not apply since RTC does not have original jurisdiction precisely
because of failure to allege assessed value in complaint.
3. Factual allegations in a complaint should be considered together with annexes and integral parts of the documents attached to it. A mere reference
to the attached document could facially resolve the question on jurisdiction.
Illustrations:
1. Action for recovery of possession is a real action. Hence, assessed value of property determines court’s jurisdiction.
2. Action to repurchase is a real action because the ultimate object is to obtain title or possession over land.
3. If the action is for cancellation of TCT, it is a real action because the court has to determine which of two titles over the same lot is valid. Hence,
jurisdictional amount must be followed.
a. A forged the signature of his agent in a deed of sale and sold one of the lots to a third person B. B sold the lot to C in which there is a new
title. Now, the owner filed an action for cancellation of title with RTC against C’s title. The complaint alleged that C bought the land for
15,000. C moved to set it aside o the ground that it is a real action and the land is below 20,000 jurisdictional amount. Hence, it should be
with MTC.
i. RTC does not have jurisdiction because an action for cancellation of TCT is a real action where the court has to determine which
of two titles over the same lot is valid. Hence, jurisdictional amount must be followed. Lack of jurisdiction may be raised at any
stage on appeal (Padlan vs. Dinglasan)
4. Action for annulment of extrajudicial foreclosure sale of real property is a real action because there has been a foreclosure sale and the action
affects title to real property.
5. Actions for interpleader depend on jurisdictional amounts depending on whether it involves real or personal property.
6. Actions for consignation depend on jurisdictional amounts.
7. A filed an action for specific performance with MTC to compel an execution of deed of conveyance for a land with the assessed value of 20,000. B
opposed on the ground that the subject matter is incapable of pecuniary estimation. He also filed a petition for certiorari when MTC denied his
motion to dismiss. A filed a motion to declare in default while B opposed it on the ground that petition for certiorari was still pending. Was the
denial of MD correct? Was the Motion to Declare the Defendant in Default correct?
a. YES, denial of MD was correct. Even if action is one for specific performance, the ultimate objective of the plaintiff was to obtain the title of
the real property. This makes it a real action and capable of pecuniary estimation. Since it does not exceed 20,000, MeTC has jurisdiction
b. YES. Motion to declare in default shall be granted because pendency of certiorari proceedings does not excuse defendant from filing an
answer unless he obtains TRO or injunction suspending the proceedings. Since RTC did not issue an injunction and B did not file an answer
within reglementary period, motion to declare in default is proper.
8. A filed an action for annulment of deed of sale over land with an assessed value of 20,000. Perusal of complaint shows that objective of A is to
obtain title over the land. What court has jurisdiction?
a. MTC. A complaint for annulment of deed of sale is not an action incapable of pecuniary estimation if ultimate objective is to obtain title to
real property. It is a real action.
9. A brought an action for annulment of extrajudicial foreclosure sale of a real property with an assessed value of 50,000. The complaint alleged
prematurity of sale because the mortgage was not yet due. B moved for dismissal on the ground that it should be filed with RTC. Should it be
granted?
a. YES. Action for annulment of extrajudicial foreclosure sale is actually a real action because there has already been a foreclosure sale. The
action, thus affects, title to real property. Since assessed value is more than 20,000, RTC just have jurisdiction.
10. Plaintiff bought the property from seller but he found the defendant staying in it. Thus, he filed with MTC a case for unlawful detainer but he failed
to allege the assesse value of the property. MTC held that it should be under the jurisdiction of RTC because issue of possession cannot be properly
determined without settling the issue of ownership. Plaintiff appealed. RTC agreed with MTC. Defendant appealed this time. CA heled that RTC’s
decision is null and void because plaintiff failed to allege the assessed value. Is CA correct?
a. NO. Allegation of assessed property is needed only if the case is under the court which has original jurisdiction over it. Once the case is
raised to the appellate jurisdiction of another court, assessed value is immaterial because SEC 22 BP 129 does not provide amounts or
values to qualify appellate jurisdiction.
b. In this case, MTC actually had jurisdiction because in ejectment cases, it may resolve issue of ownership for the limited purpose of
determining jurisdiction.
c. NOTE: the presumption that assessed values do not apply to appellate jurisdiction is faulty because if the original court, in the first place,
does not have jurisdiction based on these amounts, it cannot be cured when it is raised to appeal, unless it comes within the terms of SEC 8
RULE 40 (Partial MNT). In this case, SEC 8 RULE 40 does not apply because RTC cannot be the original court having that there is no assessed
value.
Admiralty and Jurisdictional amount depends on whether it exceeds 300,000 or 400,000. Do not confuse it with real properties where jurisdiction depends on 20,000 or 50,000.
maritime
Matters of probate Jurisdictional amount depends on whether it exceeds 300,000 or 400,000. Gross value of estate is the basis.
 If claims in a probate proceeding are within the amounts prescribed for jurisdiction of MTC, should MTC take cognizance of it?
NO. Probate proceedings are within jurisdiction of RTC regardless of amount.
Cases not within any 1. Action for non-payment of wages, overtime pay, ECOLA and reinstatement are exclusively under NLRC. If there is no vesting to NLRC, it is under RTC.
court 2. If a subdivision developer files a case over subdivision lots, it is under HLURB (PD 957). It involves cases of non-payment of installment over subdivision
lots. HLURB also has jurisdiction over unsound real estate business practice where property is sold to a third person while in the process of selling to
the developer.
3. All issues of mining claims including rescission of agreement are under Bureau of Mines.
4. Quasi-judicial bodies are authorized to award damages.
5. DARAB is a co-equal body of RTC. RTC cannot annulment its judgment.
6. RTC has jurisdiction over a boundary dispute between a municipality and an independent component city. SEC 118 LGC which states that a “boundary
dispute between a component city or a municipality and a highly urbanized city shall be referred for settlement by respective sangguniangs”. Since it
does not include an independent component city, SEC 118 does not apply.
7. RTC has jurisdiction over enforcement of foreign judgment even if it is pecuniary estimation. The subject matter of an action for enforcement is the
enforcement of the foreign judgment itself., not the rights and interests over property and sums asserted.
Money claims Demand as basis “Exclusive of interest, damages, “…Or the value of property
attorney’s fees, litigation expenses exceeds 300,000 or 400,000”
and costs”
1. Title of action is not determinative of the jurisdiction of court. 1. This provision applies 1. Property stated here
2. Even if the complaint is for 500,000 the court can award above it like only if damages are refers to personal
1M depending on the evidence presented and if the defendant does incidental to the action property. If it is real
not object to the presentation of this evidence. or if it is a secondary property, Rules on
3. If the complaint is for 150,000 (MTC jurisdiction) but during trial, the claim. Recovery of Property
plaintiff presents evidence showing that he is entitled to 700,000, 2. If it is a main class, such applies.
MTC cannot award more than the jurisdictional amount (300,000, as in an action for 2. Value of personal
400,000 or below). The plaintiff may either waive the excess or damages based on property must be
dismiss his complaint and refile it to the proper forum. quasi-delict, value shall alleged in the
4. If the complaint is worth 700,000 but the evidence points to 150,000, be included to complaint.
RTC may still award the 150,000 even if it is lower than its determine which court
jurisdictional amount due to the Principle of Adherence of has jurisdiction.
Jurisdiction.
5. In a case where, A entered into an agreement with B where A
deposited 50,000 with B. Once conditions are complied with, B has to
return the money. B refuses to return the money. Since A is only
asking for the return of 50,000, it is not an act to collect a loan but an
action for specific performance. Hence, MTC does not have
jurisdiction, even if the complaint is entitled “for sum of money”.
Notes of Money Claims

1. Stipulated Interests are included in the computation of jurisdictional amount. When interest is accrued (accumulated) over the loan, it is a primary
and inseparable component of a cause of action, especially when the debtor agreed in writing to pay it. Accrued interest is determinable at the time of
the filing of the complaint.
2. If the amount is under RTC jurisdiction based on the allegations of complaint but was eventually found to be actually under MTC, the case is still
with RTC.
3. Alternative and additional reliefs
Collect sum 250,000 (less than RTC amount) and/or foreclose personal Collect sum 350,000 (below RTC amount for Manila) and writ of replevin to
property worth 450,000 (within RTC amount) seize personal property valued 500,000 (within RTC amount)
It is under RTC if the alternative relief exceeds 400,000. In a sum of money case, jurisdiction is determined by the amount of claim
and not the value of property seized through the writ of replevin.
NOTE: Replevin in this case is only a provisional remedy.
4. In a case where there are two causes of action, one is for recovery of physical possession for parcel of land with an assessed value of 40,000 and
second for a claim for damages of 500,000 for unlawful retention, complaint is with MTC because claim for damages was merely incidental to the
cause of action involving the claim for recovery of possession.
a. AUTHOR’S NOTE: Claim for recovery of possession and damages are not causes of action but simply relief. There is only one cause of action
—unlawful retention.
b. The basis is the Doctrine of Adherence of Jurisdiction which states, “one jurisdiction has attached, it cannot be ousted by subsequent
happenings or events even if these would have prevented the court from having jurisdiction in the first place. Once a court acquires
jurisdiction, it retains it until the case is disposed”.
5. In an action for damages with writ of replevin, petitioner prayed for return of forklift or payment of actual market value (150,000), and payment of
unpaid rent amounting to 180,000, exemplary damages of 1M and attorney’s fees of 50,000. Does MTC have jurisdiction?
a. NO. Value of forklift + unpaid rentals should be combined.
b. Actual damages in the form of unpaid rentals are not incidental to the action for the return of forklike because petitioner specifically sought
not only seizure of forklift but also unpaid and outstanding rentals.
c. NOTE: exemplary damages and attorney’s fees are not included in the computation.
Annulment of MTC An action for annulment of judgment of RTC is not the same as an appeal. In appeal, you are invoking the appellate jurisdiction of CA while in an action for
judgments annulment, you are invoking an original jurisdiction.
Recovery of Real property Personal property

personal property Basis for Value alleged in the complaint, even if true value is beyond the jurisdiction of court.
jurisdiction is
assessed GR: If actual amount is far less, court should not remand the case to lower court. Doctrine of Adherence to Jurisdiction applies.
valuation EXCEPTIONS: In ejectment cases where defense of existence of tenancy relationship is averred.
1. However, evidence must first be received.
2. If after hearing the tenancy has been proved to be the real issue, court should dismiss the case for lack of jurisdiction.
Illustrations:
1. Action for interpleader depends on #1, if it involves real or money/personal property, and #2, if it is within jurisdictional amounts.
2. Action for consignation depends on jurisdictional amounts because the basis is the amount to consigned.
3. Action to compel assignment of stocks back to the petitioner’s name (as it was fraudulently issued to another) is an action for recovery of personal
property, not incapable of pecuniary estimation.
Concurrent 1. CPM, Quo warranto, habeas corpus, injunction and writ of amparo.
jurisdiction a. Writs issued by RTC can only be enforced in the same region where RTC belongs.
b. Writs by SC and CA can be enforced anywhere.
2. Actions affecting ambassadors and other public ministers and consuls
a. This is shared with SC only.
3. RTC and MTC have concurrent jurisdiction with Insurance Commissioner in cases where amount in any single claim against insurer, excluding interests,
costs and attorney’s fees, does not exceed 5M (SEC 420, Insurance Code).
Special court Special Elements to determine whether a case involves an intra-corporate controversy:
Commercial 1. Status or relationship of parties
Court a. Between any or all of parties and corporation, partnership or association of which they are stockholders, members or
associates
b. Between any or all of them and the corporation, partnership or association of which they are stockholders, members
or associates
c. Between such corporation, partnership or association and the State insofar as it concerns their individual franchises.
2. Dispute must be intrinsically connected with the regulation of the corporation.
a. If the nature of the controversy involves matters that are purely civil in character, case does not involve an intra-
corporate controversy (Atwel vs. Concepcion).
Riguera notes:
1. If the case concerns an intra-corporate dispute and it was docketed to a regular court, regular court still has jurisdiction even
if it is not a Special Commercial Court.
a. This is because acquisition of jurisdiction is different from exercise of jurisdiction.
i. Jurisdiction over subject matter is conferred by law.
ii. Exercise of jurisdiction is governed by RC
b. The question of whether an RTC should resolve an issue of its limited jurisdiction as a Special Court is only a matter
of procedure. As conferred by law, RTC’s a courts of general jurisdiction. Hence, its nature as a court of general
jurisdiction will prevail over provision that only Special Commercial Courts will hear intra-corporate disputes.
c. In this scenario, remedy of aggrieved party is not MD but to refer it to Executive Judge for re-docketing as a
commercial case. After than, Executive Judge should assign the case to the only designated Special Commercial
Court.
2. If a case meant for a Special Commercial Court is raffled to a regular court, regular court still has jurisdiction.
3. If action as erroneously docketed as a commercial case, Special Commercial has no jurisdiction because it is scheduled for
limited and not a general raffle. The case should be referred to Executive Judge for re-docketing as an ordinary civil case.
Executive Judge should order general raffling to all branches, including Special Commercial Court.
Family Courts Exclusive 1. Petitions for guardianship, custody of children and habeas corpus in relation to the latter.
2. Petitions for adoption and its revocation.
3. Complaints for annulment or nullification of marriage, those relating to marital status and property
relationships of spouses or those cohabitating under different status and agreements, petitions for
dissolution of CPG.
4. Petitions for support and/or acknowledgement
5. Summary judicial proceedings brought under FC.
Concurrent MTC with CA and SC— Issuance of writs of Habeas Corpus relating to custody of Minors.
Personal note:
1. If dissolution of conjugal property, it is automatically under RTC as FC.
2. If settlement of conjugal property, jurisdictional amount will apply based on the total value of conjugal property and not the
value of share of decedent or of plaintiff.
Personal notes:
1. RTC does not have jurisdiction over agrarian disputes.
a. EXCEPTIONS:
i. Paymentof just compensation.
ii. Prosecutionof criminal cases for violation fo VARL.
2. For DARAB to have jurisdiction, agrarian case must have a tenancy relationship between parties. This makes it a quasi-judicial case, appealable to CA
under Rule 43.
Appellate Appellate jurisdiction:

jurisdiction 1. Over all cases decided by MeTCs, MTCs and MCTCs in their respective territorial jurisdictions.
2. It shall be decided based on entire record of proceedings and memoranda and briefs.
a. Witnesses will not be made to appear again.
b. Memoranda and briefs are needed when appealing party argues the decision and the other counteracts it.
Original jurisdiction of RTC Appellate jurisdiction of RTC

RTC MTC
 
CA RTC
Ordinary appeal under RULE 
41. Case originated from CA
RTC. Ordinary appeal under RULE 40 as long as it is filed on time.
Petition for review under RULE 42. It is discretionary on the party of CA. There is no assurance that CA will entertain the
appeal. Only reason for it to receive is if the Petition for Review shows prima facie evidence that RTC committed an error of
fact or law.
MTC (Original Exclusive 1. Actions involving personal property whose value does not exceed 300,000 and 400,000.
jurisdiction 2. Actions demanding sums of money not exceeding 300,000 and 400,000, exclusive of interest, damages, attorney’s fees, litigation expenses and costs.
only, no 3. Actions in admiralty and maritime jurisdiction where demand or claim does not exceed 300,000 or 400,00, exclusive of interest, damages, attorney’s fees,
appellate) litigation expenses and costs.
4. Probate proceedings, testate or intestate, where the gross value of estate does not exceed 300,000 and 400,000.
5. Forcible entry and unlawful detainer cases.
6. Actions involving title to or possession of real property, or any interest in it, where the assessed value does not exceed 20,000 and 50,000, exclusive of
interest, damages, attorney’s fees, litigation expenses and costs.
7. Actions for enforcement of amicable settlements in Barangay Conciliation, regardless of amount involved.
Concurrent RTC/MTC with Insurance Amount in any single claim against the insurer does not exceed 5,000,000. This excludes interest, damages, attorney’s fees, litigation
Commissioner expenses and costs.
Delegated Cadastral or land registration cases covering lots where there is no controversy, opposition or contested lots have the value not exceeding 100,000.
Special 1. Petitions of habeas corpus in the absence of all RTC judges in the province or city.
2. Applications for bail in criminal cases
Summary 1. Forcible entry and unlawful detainer cases, regardless of amount of damages or unpaid rentals sought to be recovered.
Procedure 2. All other court cases except probate proceedings, where total claim does not exceed 100,000 or 200,000.
Ejectment Cases
Maunlad Homes failed to pay succeeding installments in a contract to sell over a mall. Hence, Union Bank served a notice of rescission and vacate which Maunlad Homes did not heed.
When Union Bank filed an action for unlawful detainer, Maunlad raised the defense that Union Bank did not reserve ownership of the contract. CA ruled that the cause of action was
premised on the interpretation of the contract and determination of validity of rescission, hence it should be filed with RTC and not MeTC. Was CA correct?
NO. MeTC has jurisdiction. In ejectment cases, MTC has jurisdiction to preliminarily determine the issue of ownership in order to determine the issue of possession. Since it has this
authority, it has the jurisdiction to interpret and enforce the contract or agreement between the plaintiff and defendant. In an action for unlawful detainer, right to possess may be by virtue
of contract, express of implied. Thus, termination of right to possessed would be governed by the terms of the same contract.
MTC: Expanded jurisdiction

MTC is not a court of general jurisdiction because it can only try cases given to it under substantive law. Provision in BP 129 making RTCs courts of general jurisdiction is not given to MTCs.
MTC: Delegated jurisdiction

MTC acts as if it is an RTC. This applies to land registration and cadastral cases:
1. If uncontested, regardless of value; MTC acts as a cadastral as if it were an RTC, there being no limit to its jurisdiction.
2. If contested, assessed value of the contested property is determinative of jurisdiction (20,000 or 50,000).
If MTC decides on cadastral or land registration cases, appeal is filed with CA, because it is as if the RTC decided upon the delegated cases.
MTC: Special/interlocutory jurisdiction

1. Habeas Corpus proceedings can be heard in MTC, but only in situations where petition was filed in RTC, but no RTC judges are available so petition is transferred to an MTC. MTC
gains jurisdiction as habeas corpus cases are urgent.
2. BP 129 does not authorize filing of habeas corpus case directly in MTC.
a. Petition for habeas corpus filed in MTC can be challenged on jurisdictional grounds because BP 129 does not vest into an MTC an authority to entertain a petition for
habeas corpus. It is only under circumstances where there are no RTC judges available when the MTC can now analyze and study the propriety of the petition.
Shariah Sharia District Courts Sharia Circuit Courts
1. Cases involving custody, guardianship, legitimacy, paternity, and filiation arising under Code of 1) Offenses punished and defined under PD 1083
Muslim Personal Laws 2) Disputes relating to:
2. Cases involving disposition, distribution and settlement of estate, probate of wills, issuance of a. Marriage
letters of administration or appointment of administrators or executors regardless of nature or b. Divorce
aggregate value of the property c. Betrothal or breach of contract to marry
3. Declaration of absence and death for the cancellation or correction of entries in Muslim d. Customary dower
Registries e. Disposition and distribution of property upon
4. All actions arising from customary contracts in which parties are Muslims, if they have not divorce
specified which law shall govern their relations f. Maintenance and support and consolatory gifts
5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus and all other g. Restitution of marital rights
auxiliary writs and processes in aid of its appellate jurisdiction h. Disputes relative to communal properties
Jurisdiction over parties

Subject matter Person issues Res
Definition Hear and try a particular case Render personal judgment against a party to Resolve legal questions involved in the case Authority over the property or thing in
an action or proceeding contest, and is obtained through seizure
under legal process
Conferred Matter of substantive law Not a matter of substantive law Not a matter of substantive law Not a matter of substantive law
Established by Constitution or by law Covered by Rules of Court Covered by Rules of Court Covered by Rules of Court
Conferred by pleadings
Acquired or Acquired Determined Plaintiff Defendant Acquired Determined Acquired Determined
determined Upon filing of Allegations, 1. Filing of 1. Service of Filing of 1. By pleadings of 1. Seizure of
complaint regardless wither complaint summons answer, parties property
plaintiff is entitled 2. Filing of other 2. Voluntary because it joins 2. Agreement in a under legal
to the claims initiatory appearance the issues pre-trial order or process
asserted. pleading involved in the stipulation 2. Result of
case 3. Waiver or failure institution
to object to of legal
presentation of proceeding
evidence s
Personal notes: Coram Non-Judice means anything

beyond the pleading is void. Court will only resolve
questions contained in the pleading.
Curability Lack cannot be cured by failure to object Lack of jurisdiction may be cured by waiver, consent, silence or failure to object to presentation of
or by silence, waiver or consent evidence (for jurisdiction of issues, on matters not raised in pleadings)
Objection At any stage of proceedings At earliest possible opportunity
When To determine which court has jurisdiction Proceedings in personam Proceedings in rem and quasi rem
required Since actions in personam are directed against
specific person, parties must be properly
impeaded.
Summons Summons must be served as a jurisdictional Summons served but only to satisfy due
requirement process.
Jurisdiction Page 4, Meaning of jurisdiction It is the power of the court to hear and determine case of general class to which the proceedings in question belong. It is the jurisdiction over
over subject Jurisdiction over the subject the nature of action.
matter matter
Personal notes:
Court acquires jurisdiction over a case upon payment of prescribed docket fee.
Jurisdiction versus the Jurisdiction Exercise of jurisdiction

exercise of jurisdiction It is the authority to decide a case. It does not depend upon If there is jurisdiction over person or subject matter, resolution of
regularity of the exercise of jurisdiction or upon the rightfulness of questions arising in the case is an exercise of jurisdiction.
its decision.
Personal notes: A court may have jurisdiction over the case but may act in excess of that jurisdiction.
Error of jurisdiction as Error of jurisdiction Error in judgment
distinguished from When 1. Court assumes authority over a case even 1. Misapplication or misinterpretation of law and rules of
error in judgment if it does not have authority. evidence.
2. It has no jurisdiction over subject matter. 2. Wrong interpretation of law.
3. Although with jurisdiction, it acted in 3. Jurisdiction over subject matter but in the process of
excess or with grave abuse of discretion exercising it, it committed mistakes in the appreciation
amounting to lack of jurisdiction. of facts and evidence.
Effect It renders the judgment void or voidable. Judgment is wrong but valid.
Remedy Certiorari or Prohibition under Rule 65. Appeal.
Personal notes: Certiorari is not available when remedy of Appeal is available.

How jurisdiction is Conferred Determined
conferred and Upon filing of complaint and conferred by law. GR: By allegations of complaint and character of relief sought,
determined 1. It is not lost by waiver or estoppel. regardless wither plaintiff is entitled to the claims asserted.
2. Court’s jurisdiction cannot depend upon: It is not the title of the pleadings and not the allegations that must
a. Defenses set up in the answer or in the MD. control.
b. Amount ultimately substantiated and awarded : Rule now permits MD based on facts not alleged in complaint:
by trial court. 1. Tenancy—case should be dismissed and filed with courts
c. Consent or agreement of parties of agrarian relations. However, since courts of agrarian
d. Estoppel relations are also RTC, case must be filed with the branch
assigned for agrarian matters.
2. ULP—this is under NLRC.
Personal notes:
Defenses set up in the : Defense of tenancy relationship
answer or in the MD By virtue of CARL, DARAB has exclusive jurisdiction to adjudicate agrarian disputes.
Amount ultimately During trial, subject During trial, subject matter is beyond the jurisdiction of inferior court and is within
substantiated and matter is below superior court.
awarded by trial jurisdiction of court
court. Court has jurisdiction. Court must dismiss it.
If complainant wishes to retain the case in the inferior court, he may waive or remit
portion of the claim so that what remains is within jurisdiction of inferior court.
Doctrine of adherence Once jurisdiction has attached, it cannot be ousted by supervening events even if these would have prevented the court from having jurisdiction
of jurisdiction in the first place. Jurisdiction is retained until the case is disposed.
Personal notes:
1. Enactment of a law that transfers jurisdiction does not affect pending cases prior to its enactment.
2. EXCEPTIONS:
a. If the new law expressly provides for a retroactive application.
b. If change of jurisdiction is curative in character.
Objections to Constitutionality must be questioned at the earliest opportunity.
jurisdiction over the GR: Issue must be raised at any stage of proceedings, even on appeal or after judgment.
subject matter : Jurisdiction by estoppel (Tijam vs. Sibonghanoy).
1. Active participation is tantamount to invocation of court’s jurisdiction.
2. Special appearance is  to GR on voluntary appearance.
Lower court had no jurisdiction but was decided as if it had Lower court had jurisdiction but was decided to be without
Parties are not barred from questioning jurisdiction. Party who induced it to adopt the theory that court did not have
jurisdiction will not be permitted to say that lower court actually had
jurisdiction in appeal.
Effect of estoppel on Jurisdiction by estoppel (Tijam vs. Sibonghanoy).
objections to 1. Active participation is tantamount to invocation of court’s jurisdiction.
jurisdiction 2. Special appearance is  to GR on voluntary appearance.
Lower court had no jurisdiction but was decided as if it had Lower court had jurisdiction but was decided to be without
Parties are not barred from questioning jurisdiction. Party who induced it to adopt the theory that court did not have
jurisdiction will not be permitted to say that lower court actually had
jurisdiction in appeal.
Jurisdiction Page 7, This is the power to:

of parties Jurisdiction 1. Render a personal judgment through service of summons or voluntary appearance.
2. Subject parties to a particular action.
Jurisdiction over plaintiff or petitioner Jurisdiction over defendant or respondent

Filing of complaint, petition or initiatory pleading. 1. Voluntary appearance
a. Submission
Personal notes: b. Affirmative relief in the Answer
1. If consent of any party who should be joined as plaintiff cannot be c. Filing an MD, : lack of jurisdiction over his person (Special
obtained, he may be made defendant. Appearance)
2. Unauthorized Complaint—if complaint is filed and in behalf of plaintiff d. Waiver
by one who is not authorized to do so, complaint is deemed not filed; e. Consent
MD on the grounds of lack of jurisdiction over person. f. Lack of objection
2. Service of summons
Personal notes:
1. Court can acquire jurisdiction even if person was never impleaded or summons if he voluntarily submits himself.
2. Motion for extension of time, motion to admit answer, MR, motion to lift order of default is considered voluntary appearance.
3. Conditional appearance is not considered voluntary submission:
a. MR based on lack of jurisdiction over person.
b. Objections must be explicit.
c. Failure constitutes voluntarily submission.
Jurisdiction Page 8, Jurisdiction over issue Issue Pleadings
over issues Jurisdiction Authority to try and decide the 1. It is a disputed point or question to which parties to an action have Written allegation of parties of their respective claims
issues raised by the pleadings narrowed down their several allegations and upon which they are and defenses submitted to the court for trial and
of the parties desirous of obtaining a decision. judgment
2. It is generally acquired in civil cases after the defendant files an
answer, thereby joining issues involved in the case.
Personal notes:
1. Jurisdiction is acquired by:
a. Pleadings filed in the case by parties
b. Agreement in a pre-trial order or stipulation
c. Implied consent as by failure of a party to object to evidence on an issue not covered by the pleadings
2. Coram Non-Judice means anything beyond the pleading is void. Court should only rule on what parties raised in their pleadings. Jurisdiction over issues is acquired
only after defendant has filed an answer. In criminal cases, jurisdiction over issues is acquired upon filing of complaint.
Jurisdiction Page 9, Personal notes:

over res or Jurisdiction 1. Res may not be tangible. It may be a status of a child in a case of compulsory recognition because it is the object of litigation.
property in 2. This is important when the plaintiff could not acquire jurisdiction over person of defendant. If the court acquires jurisdiction over res, the case may go on. In this
litigation case, the action is coverted from personam to rem.
a. This is why there is Extra-Territorial Service of Summons under Rule 14. However, this is not to acquire jurisdiction but merely to comply with due
process.
Jurisdiction over cases covered by Small Claims, SP and Barangay Conciliation

Small Claims These are civil claims which are exclusively for payment or reimbursement of a sum of money not exceeding 100,000, exclusive of interests and costs.
Cases All actions which are:
1. Purely civil in nature where the claim or relief is solely for payment or reimbursement of money.
2. Civil aspect of criminal actions, either filed before institution of criminal action or reserved.
Claims or For money owned under the following contracts: Damages arising from the following: Enforcement of:
demands 1. Lease 1. Fault or negligence 1. Barangay amicable settlement
2. Loan 2. Quasi-contract 2. Arbitration award involving money claim
3. Services 3. Contract
4. Sale
5. Mortgage
Examples:
1. Case to collect money from person who owes you money.
2. Case to collect unpaid rental payments from a lessee
3. Case to recover the deposit made for a lessee after the lease expired
4. Case to collect payment for services rendered
5. Case to collect payment for goods or property sold and delivered.
6. Case for reimbursement of property, deposit or money loaned
7. Purely civil action for payment of money covered by a bounced or stopped check
8. Case to enforce settlement of agreements of money claims made before the barangay.
Other cases allowed as small claims:

1. Actual damage caused to vehicles, other personal property, real property or person.
2. Payment or reimbursement for property, deposit or money loaned.
3. Payment for services rendered, insurance claim, rent, commissions or for goods sold and delivered.
4. Money claim pursuant to a contract, warranty or agreement
5. Purely civil action for payment of money covered by bounced or stopped check.
Commencemen By filing:
t 1. An accomplished and verified Statement of Claim
2. Certificate of Non-Forum Shopping
3. Certified copies of actionable documents and Affidavits of witnesses
Jurisdiction and It is the same as in other civil actions in RC.
venue
Objection Defendant may challenge jurisdiction or venue by included these defenses in his Response before appearing in the scheduled hearing.
Even if defendant does not ask for dismissal, court can dismiss motu pro prio if these are apparent from the pleading and affidavits, documents submitted.
No MD allowed.
Counterclaim If defendant has a claim that exceeds the limit, the defendant must commence it through a separate action in a court of competent jurisdiction. If this claim is filed in his
Response before the Small Claims Court, the court will dismiss the counterclaim.
Personal notes:
1. Unlike Barangay Conciliation, this may involve juridical entities.
2. It expressly involves civil aspect of criminal actions, although it may be subject to an independent civil action as long as it is purely civil in nature (#1).
3. Case must seek money only.
4. No formal pleading, other than the Statement of Claim is necessary to initiate the small claims action.
5. Small Claims was established to handle exclusively small claims without participation of lawyers and where ordinary litigants can prosecution and defend through ready-made
forms.
a. Form or accompanying instructions shall include information that plaintiff:
i. May not be represented by an attorney
ii. Has no right of appeal
iii. May ask the court to waive fees for filing and serving the claim on the ground that plaintiff is indigent.
6. There are no attorneys, no formal pleadings and no strict legal rules of evidence.
a. Appearance of lawyer shall be allowed but only in the following capacities:
i. By or against himself
ii. By or against a partnership in which he is a general partner and in which all partners are attorneys
iii. By or against a professional corporation of which he is an officer or director and of which all other officers and directors are lawyers.
b. Attorney is not prevented from:
i. Providing advice to a party either before or after commencement of the action
ii. Submitting an affidavit as a witness for a party
Summary Civil cases Criminal cases
Procedure 1. All cases of forcible entry and unlawful detainer, regardless of amount of 1. BP 22.
damages or unpaid rentals. 2. Violations of municipal or city ordinances
a. If there are attorney’s fees, it must not exceed 20,000. 3. Violations of Rental law
2. All other civil cases if the total amount does not exceed 100,000 or 4. All other criminal cases where prescribed penalty does not exceed 6 months
200,000 (Metro Manila), exclusive of interests and costs (AM 02-11-09- imprisonment or 1000 fine, regardless of imposable penalties, accessories or civil liability.
SC) 5. Damage to property through criminal negligence where imposable fine does not need
10,000.
6. Traffic violations.
Personal notes:
1. Forcible entry and unlawful detainer cases are within jurisdiction of MTC regardless of amount of damages or unpaid rentals sought to be recovered.
2. MTC cannot adjudicate ownership in an action for forcible entry or unlawful detainer, except if this is incidental only and used to determine issue of possession. In this case,
declaration of ownership is not final but only prima facie.
Barangay Cases Applicable Not applicable

Conciliation 1. All disputes of parties residing in the same 1. One party is government
city or municipality 2. One party is a public officer and dispute is related to performance of his office.
2. Reside in different cities or municipalities 3. Parties reside in different cities or municipalities
but barangays adjoined (to join) each other 4. There are no offended private parties
and parties agreed to submit to a lupon 5. Urgent legal action is necessary to prevent injustice:
3. Civil claim for damages arising from an a. Accused is under detention.
offense outside the Lupon’s authority may b. Habeas corpus cases.
be amicably settled before the Lupon, as c. Actions may be barred by Statute of Limitations or Prescription
long as: 6. President determines the dispute in the interest of justice.
a. Criminal action had not yet been 7. Agrarian reform cases
filed 8. Labor cases
b. Criminal action had already 9. Annulment of judgment by compromise
been filed but the offended 10. Parties are not private persons—corporations, partnership or juridical entities
party expressly reserved the 11. Administrative cases
right to institute the civil action 12. Cases involving civil status because these cannot be subjects of a compromise
13. Petition for Relief cases under RULE 38
14. Action with provisional remedies under RULE 57 to 61
15. Special civil actions under RULE 62 to 71
Applicable RTC or inferior courts
courts It is also required in cases before CA, SC and other judicial bodies. However, there are exceptions:
1. Habeas corpus
2. Special civil actions under RULE 65 (because it will always involve a government official)
3. Provisional remedies
Venue Reside same barangay Such barangay
Residents of different barangays but same municipality or city Where respondents or any of them reside, at election of complainant
Involves real property or interest Barangay where real property or large portion is
Arising from workplace where contending parties are employed or institution Barangay where the workplace or institution is.
where they are enrolled to study
1.
When should Before parties file their complaints, petitions, actions or proceedings
parties Compliance must be alleged in the pleading.
commence
Effect of non- 1. It is an independent ground for MD under Failure to Comply with the Condition Precedent.
failure 2. Lupon has authority to dismiss the complaint.
Effect of It results to res judiciata. This means complaint can no longer be filed in court.
dismissal of
complaint
Effect of It shall have force and effect of a final judgment upon expiration of 10 years from date thereof.
amicable EXCEPTIONS:
settlement 1. If non-criminal cases were referred motu prioprio to the lupon by the court, court must first approve of the amicable settlement.
2. Repudiation of the settlement
3. Petition to nullity the arbitration award has been filed before the proper city or municipal court
Execution of lupon is within 6 months from date of settlement. It is not the sheriff or court officer who enforces it but the lupon itself. After lapse of 6 months, settlement
may be enforced by action in MTC.
Enforcement if 1. Party may file a motion for execution of agreement within 6 months from agreement or when obligation is due and demandable, whichever is later.
there is refusal 2. 6-month period must started from date of settlement. Otherwise, it shall start from date obligation becomes due and demandable.
or failure to 3. Rescission under ART 2014 in case of amicable settlements (Chavez vs. CA, GR 159411)
comply with
amicable
settlement
Notes 1. When the law says “resides”, it refers to actual or physical habitation. It signifies physical presence in the place and actual stay in it. It cannot be temporary or
transient.
2. An aggrieved party may resort to court action after he has repudiated.
3. Public school teachers—punishment on students or misappropriation of money contribution—are exempted from Barangay Conciliation (DOJ Opinion 106).
4. As long as two requisites (natural person and same city or municipality) are presented, there is no regard with the nature of the action or amount involved.
5. Court may, at any time before trial, motu proprior refer the case to the lupon.
6. Non-referral does not deprive the court of its jurisdiction but it is a ground for dismissal for failure to comply with condition precedent.
7. Prescriptive period for offenses and causes of action shall be interrupted, provided that such interruption shall not exceed 60 days from filing with the lupon.
8. Lupon may apply with trial court to cite a party for indirect contempt if he refuses to appear without justifiable reason.
9. Prior referral to Lupon is not necessary when disputes are between a natural person and a juridical person such as estate of deceased person. In this case, for
failure of tenant to pay rentals, a court-administrator of estate of decedent decides to file an action for recover of possession of lease premises.
10. Instances where parties may undergo directly to court without prior barangay conciliation:
a. Accused is under detention
b. Person deprived of personal liberty calling for habeas corpus proceedings
c. Actions are coupled with provisional remedies such as preliminary injunction, attachment, replevin and support pendent lite.
d. Action may be barred by statute of limitations.
11. A complaint for damages with application for preliminary attachment does not need prior barangay conciliation because there is a provisional remedy of attachment
12. Objections to venue may be raised in mediation.
13. Parties may agree in writing to arbitration at any stage of proceedings.
14. Lawyers are not allowed to appear. Minors and incompetents who may be represented by their next-of-kin who are not lawyers.
15. While no pangkat was constituted in LGC, there was substantial compliance of Barangay Chairman for possible settlement. Confrontation before Lupon or Pangkat is
sufficient with pre-condition of filing a case in court.
Totality Rule Page 21, Totality Rule:

Jurisdiction 1. There are several claims or causes of action between the same and different parties.
2. These are embodied in the same complaint.
3. Amount of the demand shall be the totality of claims in all causes of action.
4. It does not matter whether the causes of action arose out of the same or different transactions.
5. Total amount shall determine which court (RTC or MTC) has jurisdiction.
BP 129 RC
This refers to all claims or causes of action, whether referring to same of different 1. This involves money claims.
parties, or arising out of the same or different transactions. 2. This determines which court has jurisdiction.
Amounts that are not included in Totality Rule:

1. Damages of whatever kind
2. Interest
3. Attorney’s fees
4. Litigation expenses
5. Costs
However, these are included in determining filing fees
Personal notes:
1. This situation contemplates a joinder of causes of action.
a. Cha secured from me 4 loans covered by 4 promissory notes. She did not pay all of them. I have the choice of filing 4 different complaints since one
default of promissory note is one cause of action or I can consolidate all 4 causes in filing one complaint.
b. If I file only one action, and each action is in small amounts, but if you add all of them, it will be within the jurisdictional amount of excess of 400,000 for
RTC, total amount will prevail.
c. It does not matter that there are 4 separate loans because the law says “irrespective of whether the cause of action arose out of the same or different
transactions”.
2. Joinder of causes and joinder of parties
a. Cha, Niel, Issa and Boom rode a public vehicle. They were all injured when there was a vehicular accident. Each one of them has a choice of filing their
own separate complaints against the bus company or they can all join together and file a single complaint. That one complaint will have 4 causes of
action.
b. The basis of jurisdiction will be the totality of all their claims because the law states “where there are several claims or causes of action between the
same or different parties”.
3. In case it involves multiple claims in a forcible entry or unlawful detainer case, MTC has jurisdiction even if totality of claims exceed its jurisdictional amount.
a. Aside from forcible entry and unlawful detainer, MTC now has jurisdiction over accion publiciana and accion reinvidicatoria where assessed value of land
should be P20,000 or P50,000 (Manila) or less.
b. Do not confuse P100,000 (SEC 34, cadastral and land registration cases) and P20,000 (SEC 33, civil cases).
4. METC, another court can now assume jurisdiction over an accion publiciana other than MTC (BF Citiland vs. Otake, 2010).
5. The term “damages of whatever kind” was excluded in determining jurisdiction amount. This applies only where damages are only incidental or a consequence of
the main cause of action. If damages are the main cause of action or is one of the causes of action, this shall be considered in determining the jurisdiction of the
court.
3. Civil Procedure
A. Actions (Civil Actions, Special Civil Actions, Criminal Actions; Civil Actions vs. Special Proceedings)
Ordinary civil actions Special civil actions Criminal actions Special procedure
Definition One which a party sues another It is an action governed by its own special rules (Rule 62-71) and One which the State prosecutes a It is a remedy by which a party seeks to
for: such other actions as may be declared by SC. person for an act or omission establish a status, right or particular
1. Enforcement or protection punishable by law relief
of a right It is an action which has references to special matters requiring
2. Prevention or redress of a special procedure.
wrong
Governing Ordinary rules Ordinary rules but subject to specific rules prescribed for special Rules on Criminal Procedure Special rules subject to ordinary rules
laws civil actions under Rule 62-71
Nature GR: Adversarial because parties Some are adversarial in nature while others are remedial like Adversarial GR: No definite adverse party because it
are plaintiff and defendant Interpleader is directed against the whole world.
Majority of proceedings are in rem.
Purpose Protect or enforce a right Civil action subject to specific rules Prosecute a person for an act or Establish a right, status or particular fact
Prevent or redress a wrong omission punishable by law
Cause of Based on cause of action Some have no cause of action Based on cause of action Not based on cause of action,  habeas
action corpus
How initiated Pleading Some are initiated by complaint while others are initiated by For offenses where PI is required, Petition
Answer, after service of petition complaint-affidavit Opposition, after notice and publication
summons For all other offenses, complaint
Where to file Either MTC or RTC Some civil actions can only be filed in MTC (e.g. forcible entry and 1) Complaint-affidavit is filed Either MTC, RTC, FC, CA, SC or local
unlawful detainer). with investigating officer. registry
Others cannot be commenced in MTC (e.g. certiorari, prohibition 2) Complaint is filed with MTC.
and mandamus). 3) Complaint is filed with
Officer of Prosecutor for
Manila and other chartered
cities, unless otherwise
provided in their charters.
Parties Two or more parties Two or more parties Two or more parties May involve only one party
involved
Applicability Parties are generally allowed to Pleadings are generally applicable, subject only to specific rules Not applicable Not applicable
of pleadings file an Answer, counterclaim, prescribed
cross-claim and 3rd party
complaint
Appeal 15 days (Notice of Appeal) Some are 30 days (Record on Appeal) 15 days (Notice on Appeal) 30 days (Record on Appeal)
Meaning of Sec 3
ordinary civil Rule 1
actions
Meaning of Personal notes:
special civil a) Not all provisions of Civil Procedure are remedial. Some are substantial such as those pertaining to Prescription, Requisites of a Will, Succession to estate of Adopted
actions Child. These are not considered repealed for not being incorporated in RC. Being substantive in nature and not having been eliminated by substantive law,
Meaning of provisions are still in force.
criminal actions b) Requirements of an ordinary issue are:
Civil actions vs. a. There must be real parties in interest
Special b. Assertion of adverse claims
proceedings c. Presentation of a ripe issue
Ordinary action Special Procedure

Nature GR: adversarial GR: no definite adverse party because it is directed against whole world
Parties are plaintiff and defendant Majority of proceedings are in rem.
Purpose 1. Protect or enforce a right Establish a right status or particular fact.
2. Prevent or redress of a wrong
Governing Rules Ordinary rules supplemented by special rules. Special rules supplemented by ordinary rules.
Court with jurisdiction Courts of general jurisdiction Courts of limited jurisdiction
Parties involved Two or more parties May involve only one party
How initiated Pleading Petition
Answer after service of summons Opposition after notice and publication
Applicability of Parties are generally allowed to file an answer counterclaim Law on pleadings not applicable
pleadings cross-claim and 3rd party complaint
Appeal 15 days (notice of appeal) 30 days (record on appeal)
Cause of action Based on cause of action Not based on a cause of action (except habeas corpus)
Action in rem, in Actions in personam Actions in rem Actions in quasi rem

personam and in Definition It is directed against persons and seeks a It is directed against the thing itself. The It is directed against particular persons but
quasi rem relief which would binding to those complainant asks the court to make a through reaching or disposing with their
directed. declaration as to dispose or deal with the res. properties.
It is against particular persons and seeks a On the thing or res itself Directed against particular persons but seeks
relief binding against them particularly. to dispose their property in the Philippines
Nature Against person Against thing Against person but through burdening the
property
Acquisition of Court must have jurisdiction over person for Jurisdiction over person is not necessary as long as the court acquires jurisdiction over the res
jurisdiction it to have an authority to impose personal because the action is either directed to the thing or through it.
liability to him.
Purpose Impose a liability upon the person directly Determine the state or condition of the thing Subject the property interest of the person to
a lien
Effect of judgment Binding only upon parties or their Binding on whole world Binding only upon parties
successors-in-interest
Examples 1) Action for declaration of nullity 1. Land registration 1. Action for partition
of title and recovery of 2. Probate of will 2. Action for accounting
ownership of property 3. Attachment
2) Reconveyance Petitions concerning the status of a person: 4. Foreclosure of mortgage
3) Action for ejectment 1. Petition for adoption
4) Action for SP 2. Annulment of marriage
5) Action for injunction 3. Correction of entries in birth
certificate
Service of summons 1) Extraterritorial Service under Sec 1. Extraterritorial Service under Sec 1. Extraterritorial Service under Sec
15 Rule 14 cannot be effected 15, Rule 14 may be effected. 15, Rule 14 may be effected.
because the person is a non- 2. Publication of Service and 2. Publication of Service and
resident and cannot be found. Extraterritorial Service when Extraterritorial Service when
2) If Extraterritorial Service (under temporarily out applies. temporarily out applies.
Sec 14, Rule 14) is effected
because the person is only
temporarily out of the
Philippines, it applies.
Consequently, publication also
applies under this section.
In case of Preliminary When a defendant could no longer be Prior or contemporaneous service of summons Prior or contemporaneous service of
Attachment served with summons, it no longer becomes does not apply if the action is in rem or quasi in summons does not apply if the action is in rem
an action in personam upon PA because it is rem. or quasi in rem.
converted into an action in rem or quasi in
rem.
Personal notes:
1) These distinctions are important in determining the following:
a. If jurisdiction over person is required
b. What type of summons must be used
c. Upon whom or which the judgment is binding
2) An action in personam can be converted into an action in rem or quasi rem through Preliminary Attachment under Sec 1 Rule 57 in cases when the defendant
could not be served with summons.
a. Defendant, in this case, cannot be served by personal service or substituted service.
b. After attachment, plaintiff can go to court and ask permission to cause a publication of summons. This will enable the court to have jurisdiction not over
the person of the defendant but over his property in order for the court to go ahead with the trial of the case.
3) An action in personam, converted into quasi rem through PA, can be converted back into an action in personam.
a. After preliminary attachment and publication of summons, there are two possibilities:
i. Defendant will not answer at all—the court does not acquire jurisdiction over his person, thus the action will remain in rem or quasi in rem.
ii. Defendant will answer—his answer shall be considered a voluntary submission of his person to the jurisdiction of the court, thus converting
the action back into personam.
4) If the action remains to be quasi in rem, the court’s jurisdiction is limited only to the value of the property attached. If defendant answers or subsequently
appears, jurisdiction will be over his person and the court can direct the defendant to pay the entire claim.
5) If A files an action for reinvidicatoria to B and wins, a third-party may also file another action for reinvidicatoria of the same land to A. This is because an action for
reinvidicatoria (recovery of ownership) is only an action in personam. In this case, it only binds A and B, and their successors-in-interest. The third party is not
involved.
a. Not all actions involving title or possession of real property are actions in Rem. In fact, the only actions in rem pertaining to real property are land
registration and cadastral proceedings.
b. All other actions for recovery of title or possession, accion reinvidicatoria are actionsin personam.
Riguera notes:
1. An action for ejectment is debated to be either personam or quasi in rem because:
a. Action is binding only between parties, making it personam (Domages vs. Jensen, GR 158407).
b. Real object is to exclude the defendant from possessory interest over the property. Hence, extraterritorial service may be availed of.
2. Publication of service of summons (SEC 14) and Extraterritorial service when temporarily out of Philippines and with leave of court (SEC 16) apply to any action,
including personam.
(SEC 15) Non-resident and Does not Instances covered:
not found apply to 1. Does not reside and is not found in Philippines.
actions in 2. Actions affect personal status or property within Philippines in which defendant has a lien or interest.
personam There must be leave of court.
Modes:
1. Personal service as under SEC 6
2. Publication in a newspaper of general circulation + copy of the summons and court order by registered mail to
the last known address
3. Any other manner the court may deem sufficient.
(SEC 14) Identity or Applies to Instances covered:
whereabouts are unknown any action 1. Defendant is an unknown owner or the like
2. His whereabouts are unknown and cannot be ascertained by diligent inquiry
There must be leave of court.
Publication in a newspaper of general circulation
(SEC 16) Resident and Instances covered: Temporarily outside the Philippines but is a resident.
temporarily out There must be leave of court.
Publication.
Personal actions Personal Real Mixed

and real actions Definition Personal property is sought to be recovered It is an action involving title or possession of It involves a joinder of both real and personal
or where damages for breach of contract real property, or any interest in it. actions.
are sought Ownership or possession of real property is
involved.
Purpose Protection of rights not over real property, It is for protection of real rights or real Protection or recovery for real property and
or for damages. property. also for an award of damages.
Jurisdiction Jurisdiction of personal actions depends on Jurisdiction of real actions depend on assessed
amount of claim or demand. value of real property involved.
Venue Depends upon residence of plaintiff or Depends upon location of property or part of Depends upon location of property.
defendant upon the option of the plaintiff. it.
Examples Action for sum of money Accion reinvidicatoria Accion publican with damages.
Personal notes:
1. The main purpose for differentiating personal and real actions is to know where is the venue of action.
2. Real and personal actions are based on their privity to the kind of property involved. Meanwhile, Rem, Personam are about the binding effects of the judgment.
a. If the judgment will bind anybody who has an interest on the case, it is in Rem.
b. If judgment binds only those parties involved or their successors-in-interest, it is in Personam.
c. Since personam and rem are about the binding effect, it is a consequence that summons depend on who or which the judgment could be directed
because the court needs to have jursidiction over them in order for their judgments and final orders to become effective.
3. Real actions that are also actions in personam:
a. An action for SP can be a real action if it seeks conveyance or transfer of real property or execution of deeds of conveyance of real property.
4. Personal actions that are also actions in rem:
a. Intestate proceedings or Settlement of Estate of deceased
b. Action for probate of will (involves anybody interested in the estate, hence in Rem) if the estate only involves personal property (personal)
5. Real actions that are in rem
a. Action for probate of will (involves anybody interested in the estate, hence in Rem), if estate involves personal and real, or only real property (real)
Local and Local (related to Real actions) Transitory (related to Personal actions)
transitory actions Basis Action is founded on the privity of the estate only, not of the Action is founded on privity of contract between parties
contract.
Venue It must be instituted in a particular place, in the absence of a It depends on the residence of parties, regardless where the cause of
contrary agreement. action arose.
Examples Action to recover real property Action to recover sum of money
Independent civil Sec 3, Independent Civil Actions:
actions Rule 1) Art. 32, 33, 34 and 2176.
111 2) It may be brought by the offended party.
3) It shall proceed independent of the criminal action and shall require only preponderance of evidence.
4) Limitation: no recovery of damages twice for the same act or omission charged in the criminal action.
ART 32: Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for damages.
ART 33: Defamation, fraud, and physical injuries.
ART 34: When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer.
ART 2176 (Quasi-delict): Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.
Consequences for filing independent civil actions:

1. Right available regardless of results of criminal actions
2. Preponderance of evidence
3. Need not be reserved since not deemed included
4. Waiver of separate civil action does not extinguish right to bring an independent action
5. Offended party cannot recover more than once for the same act or omission
Even if civil action filed separate, ex delicto civil liability in the criminal prosecution remains. Offended party may still intervene using a private prosecutor to
prosecute civil aspect, subject to control of public prosecutor.
B. Cause of Action (Rule 2)

Meaning of Sec 1 , Rule It is an action or omission by which a party violates the rights of another.
cause of 2
action Personal notes:
1. Every ordinary civil action must be based on a cause of action. Otherwise, the complaint may be dismissed for failure to state a cause of action or a judgment may
be rendered against plaintiff for lack of cause of action.
2. A party may not institute more than one suit for a single cause of action.
3. You determine if a cause of action exists only in the statements of the complaint.
a. Lack of cause of action must be apparent on the face of the complaint.
4. If cause of action has not yet accrued, the complaint cannot be cured by an amendment or a supplemental pleading because the action itself is prematurely
brought.
5. Plaintiff does not have to wait for an actual violation. Relate Sec 2 to Rule 1 definition of an ordinary civil action.
a. Rule 1 states that a civil action is brought “for protection or enforcement of a right or prevention or redress of a wrong”.
b. Thus, plaintiff can file a complaint as long as there is a threat to his right.
i. EX: Filing an injunction; there is no actual violation yet at the time of filing the complaint.
6. It is not necessary to allege damages. Rules only require a violation of a right.
7. There are two SCA that do not require a cause of action:
a. Interpleader
b. Declaratory relief
i. NOTE: In Riguera Book, Declaratory Relief has a cause of action because of the expanded concept of declaratory relief.
1. The concept of cause of actions in declaratory relief is not, as in ordinary civil action, the wrong or delict by which the plaintiff’s
rights are violated, but it is extended to a mere denial, refusal or challenge raising at least an uncertainty or insecurity injurious to
the plaintiff’s rights.
2. Thus, courts should be allowed to act, not only when harm is actually done and rights jeopardized by physical wrong upon an
existing legal relation, but also when there is a challenge, refusal, dispute or denial.
Right of Right of cause of action Cause of action
action vs. Definition Right to commence (start) and maintain an action. It is the act or omission by which a party violates the rights of another.
Cause of It does not accrue until the facts which constitute the cause of
action action have occurred.
Requisites A. Person must have a right to bring and maintain the 1. There is a legal right
action. 2. Defendant has a correlative obligation
B. All conditions precendent to bring the action must 3. Act or omission violated that right or defendant made a breach of
be performed. his obligation
C. There must be a cause of action.
Nature Reason to commence and maintain an action Reason for action or wrong committed to violate the plaintiff’s right
Governing law Matter of right and depends on substantive law Matter of statute and is governed by law of procedure
Term Definition Example (Plaintiff left 500,000 to defendant. Loan is secured by reason of Real
Estate Mortgage. Defendant defaults.)
Cause of action Act or omission that violated the right of another Non-payment of loan on due date
Right of action Redress or measure prayed to court Payment of loan, foreclosure of real estate mortgage, damages and interests
Remedy Type of action plaintiff may have to obtain relief Action for collection of sum of money
Action for foreclosure of Real Estate Mortgage
Subject matter Thing, act, contract or property directly involved in the Contract of loan (mortgage is only an accessory contract to it)
action
Personal notes:
1. Even if there is a cause of action, there may be no right to file an action:
a. When conditions precedents are not complied with.
i. Conditions precedent are:
1. Prior barangay conciliation
2. Arbitration clause in contracts
3. Certificate of non-forum shopping
4. Compromise between members of the same family
5. Tender of payment required before making a consignatoin
b. Right of action is already barred by prescription.
2. In reference to prescriptive period to bring an action, it starts from the time right of action accrues and not from time cause of action arises.
Test of Sec 3, Rule Test of Sufficiency: Whether or not in admitting the facts alleged, the court can render a valid judgment upon it in accordance with the prayer of the plaintiff.
sufficiency of 3
cause of Transcript notes:
action 1. The focus is on the sufficiency and not the veracity of the material allegations.
2. Failure to make a sufficient allegation of a cause of action warrants its dismissal.
Failure to Personal notes:

state a cause 1. Failure to State Cause of Action means the allegations in the complaint is not sufficient to render a valid judgment in accordance with the prayer of the
of action complaint. There is no reference to evidence yet. Compare it to Criminal Procedure, elements show be present and complete. Otherwise, the pleading (complaint in
Criminal Procedure) is defective.
2. It does not mean that there is no claim. It means that the claim is defective stated.
3. A complaint should be not be dismissed if the complaint and annexes/attachments together show a cause of action.
Failure to state cause of action Lack of cause of action

Meaning Pleading is insufficient to show the elements of the cause of Evidence does not show or prove the cause of action alleged in the
action. pleading.
Ground as MD It is a ground in an MD It is not a ground in MD but rather in a Judgment by the Pleadings.
When raised It may be raised at the early stages of action as an MD. It may be raised any time after questions of fact have been resolved
based on stipulations, admissions or evidence presented.
Examples Plaintiff filed a cause to compel the defendant to extend the In an action for injunction against the defendant who is encroaching on
contract of lease. Even if the allegations are true, this is not an the plaintiff’s property, the defendant raise “lack of cause of action”
actionable right because extension of lease must be agreed because he had title over the property, thus plaintiff was actually seeking
upon mutually and not compelled by court action. to nullify his title.
SC held that plaintiff had a sufficient cause of action because his
allegations as to ownership and alleged encroachment were
hypothetically admitted as true. Defendant did not refute these.
Transcript notes:
1. Hypothetical admissions do not extend to conclusions.
a. Hypothetical admissions happen when defendant raises affirmative answers.
2. Plaintiff must have a valid and subsisting cause of action at the time his action is commenced. Otherwise, this defect is incurable by a subsequent acquisition of a
cause of action, while the action is pending, or by a supplemental complaint or amendment setting up an after-accrued cause of action.
Splitting a Sec 3-4, Singleness of Cause of Action

single cause Rule 3 GR One suit for one cause of action. A party may not institute more than one suit for a single cause of action.
of action and GR: A contract embraces only one cause of action because it may be violated only once even if it contains many stipulations.
its effects Exception : If the contract is divisible in nature—this authorizes successive actions because breach of one obligation does not stop a suit for subsequent breaches.
EX: If the PN is payable in several installments, as long as there is no acceleration clause
Exception to : If at the time of the suit, several installments are already due. All these may be integrated into one cause of action. Those not included will be barred.
Exception
Personal notes:
1. Singleness of cause of action depends on the singleness of the delict or wrong violating the rights of one person. In short, how many injuries.
a. If there is only one violation but it violates multiple rights, there is only one cause of action. Singleness of cause of action depends on the singleness of
the delict or wrong violating the rights of one person.
b. If there are several violations resulting to only one injury, there is only one cause of action.
c. If there are several violations pertaining to multiple rights of different persons, there are multiple causes of action as these rights belong to different
persons.
2. In a divisible contract (payment by installment, without acceleration clause, for example), an action for collection of one installment cannot be used to recover
the entire amount or to enforce the collection of the balance.
Rule on Anticipatory Breach of Contract

1) If there is an unqualified and positive refusal to perform a contract, it can be treated as a complete breach which will allow the injured party to bring an action at
once even though performance of the contract is not yet due.
a. There must be a showing that the creditor-defendant had no intention of paying or performing his obligation at all.
b. SUBSTANTIAL LAW BASIS: In Civil Law, a period is perceived to be for the benefit of both debtor and creditor. If the debtor loses the benefit, the
obligation becomes die immediately. Since the debtor loses the benefit of a period, the obligation becomes due right away.
2) “If the contract is divisible in performance and the future periodic deliveries are not yet due, and the obligor has already manifested his refusal to comply with
his future periodic obligations, the contract is entire and the breach total”. Hence, there can only be one action for damages.
3) If obligee does not make a clear or outright refusal, there is no Anticipatory Breach.
4) Suspicion of violation (failure to deliver) cannot be construed as breach of future prestation to qualify Anticipatory Breach.
5) Principle of Anticipatory Breach applies only to a divisible contract where the obligor manifested his refusal to comply with future periodic obligations.
6) If there is only one obligation, single and indivisible, no Anticipatory Breach.
Splitting of Cause of Action

Definition It is the act of dividing one cause into several parts and making each party a basis for a separate complaint.
This is when a party institutes more than one suit for a single cause of action.
Effect If two or more suits instituted on the basis of the same cause of action, filing of one or judgment upon merits in any is a ground for dismissal of others
Personal notes:
1. This is not allowed because there is a possibility that different courts trying the cases may render conflicting decisions.
2. Remedies of defendant if a single cause of action is split:
Litis pendencia Res judicata
If the first action is pending when the second action is filed. If the first action has been finally decide when the second action was file.
Generally, the later actions shall be dismissed, although the earlier action may be
dismissed too.
3. Court may motu proprio dismiss the cases based on these because litis pendencia and res judicata are non-waivable grounds under Rule 9.
4. If contract has an acceleration clause and plaintiff files separate complaints despite it, he will be violating the Rule on Splitting a Cause of Action. It is possible
that all complaints will be dismissed by court.
Transcript notes:
1) A party cannot split a single cause of action but he may join as many causes of action against an opposing party.
2) Test as to whether the case involves the same cause of action:
a. Same Evidence Test: Whether the same evidence would support and sustain both causes of action.
b. Whether defenses in one case may be used to substantiate complaint in another.
c. Whether cause of action in the second case existed at the time of filing of first complaint.
3) Considerations to determine which action should prevail:
a. Date of filing, with preference generally to the first action filed to be retained
b. Whether action sought to be dismissed was filed merely to preempt the later action or to anticipate its filing and lay the basis for its dismissal
c. Whether action is the appropriate vehicle for litigating issues between parties
Examples:
A mortgage several parcels of land to Metrobank as security for its There is a Splitting.
loan. A and Metrobank entered into a credit line agreement using the  Under ACT 3135, in case of insufficiency of proceeds of foreclosure sale, mortgage
same mortgaged properties as collateral. creditor is entitled to claim the deficiency from the debtor.
 However, Metrobank’s action was not an action to recover deficiency but an action
When A defaulted, Metrobank: for collection or specific performance which is already barred by the election of
 File a petition for extrajudicial foreclosure of mortgage remedy of Foreclosure.
 Action for collection of money arising from the credit line  Foreclosure does not prevent a subsequent institution of action for recovery of the
agreement deficiency.
Metrobank bought the properties at foreclosure but thebid price was
below A’s obligations. A filed an MD on the ground of splitting the
action.
B’s father obtained from A a loan payable in 6 months and secured by There is Splitting in the form of Litis pendencia.
real estate mortgage.  Action or judicial foreclosure to avail debt bars the subsequent remedy of filing a
1. A filed a complaint for judicial foreclosure of REM. RTC personal action for the same debt.
issued a decision lowering the interest ratebut records did  Collection case from the promissory note and the judicial foreclosure both arise
not show if that decision attained finality. from the failure to pay the loan.
2. Meanwhile, before the RTC decision was made, B agreed to  They have the same consideration that supported the original loan obligation.
pay the obligation. When RTC decision came out, B refused
to pay because RTC lowered the interest rate.
 A filed a complaint for sum of money.
 A filed an action for SP against B. This was dismissed. There is Splitting. The second action is barred by res judicata.
 A filed an action for reformation on the same contract. GR: One contract only has one cause of action because it could only be violated once no
matter how many stipulations are violated.
Since there is only one contract, there is only one cause of regardless regardless of whether it
is written or reformed. A should have stated the remedy of reformation in the alternative.
a) A filed a complaint for quieting of title with damages against There is Splitting. Both the land in dispute and the income from that land had one subject
B. He wanted to be declared as the owner of the land. matter—the land.
b) B dispossessed A and stayed there for 8 years. He won in the Income is only a consequence of the possession of the land. He should have included the claim
trial court but CA reversed it and declared A as the true for incomes by filing a supplemental complaint in the claim for ownership.
owner. It also ordered A to pay B his share of the proceeds
of sale of copra harvested in the land.
Simply put, the claim is a result of the original cause of action (which was the continuing
c) A filed a second case against B seeking to recover the
refusal of B to recognize A’s ownership).
incomes of the land from the time B occupied it up to to the
time the land was delivered back to A.
NOTE: A judgment or final order is conclusive between parties with respect to matter directly
adjudged or as to any other matter that could have been raised in relation to it.
Father died. His surviving spouse and 5 children executed a deed of There is Splitting. Both unauthorized sale of share and right of redemption have same cause fo
declaration of heirship where they stated that they are the sole heirs. action— sale of entire property without knowledge and consent depriving B of his share pro
They sold the land they inherited to A. indiviso.
B claimed that he is a legitimate child and was preterited of his share. a) Annulment of sale, legal redemption and claim of damages are not causes of action
Thus, he filed a complaint against A for annulment of sale with respect but remedies.
to his share. He also prayed that he be allowed to exercise right of b) Even if B raised the issue of legal redemption in the initial complaint, res judicata
legal redemption with respect to the share of other co-heirs. will still apply because a judgment is conclusive with respect to matters directly
adjudged and to any other matter which could have been raised in relation to it.
RTC granted it the complaint for annulment of sale with respect to his c) Relief of legal redemption is a matter that could have been raised in relation to the
unauthorized sale of share but did not decide on his right of case.
redemption because he failed to raise it in his answer.
 B withdrew his appeal, resulting the decision granting his

action to annul the sale with respect to his share to be final
and executory.
 B filed a subsequent complaint for legal redemption with
respect to the shares of his co-heirs.
A preterminated the contract due to financial difficulties. There is splitting because there is one cause of action—breach of contract.
 B filed a complaint for collection of unpaid management and a) Collection of unpaid management and royalty fees and claim for expected business
royalty fees. profits are reliefs, not causes of action.
o They entered into a compromise agreement b) A cause of action may give rise to several reliefs but only one action should be filed.
containing a non-waiver clause where the c) Non-waiver stipulation in the compromise agreement is void because it allows
compromise agreement will not bar another Splitting of Action. Res Judicata and Splitting are based on public policy.
cause of action arising from the pretermination.
 B filed a second complaint for expected business profits that
it should have derived from the 2-year term of contract.
 A sued B for injuries he suffered when B drove his car There is Splitting. Both actions have the same cause of action—reckless driving
reckelsssly and bumped B. B confessed to the judgment and 1. Blindness resulted from the same reckless act.
paid A. 2. Judgment upon the mertis in any one is available as a ground for dismissal of the
 A became blind because of the injuries he sustained. A filed other.
another suit for it.
3. A filed an accion reinvidicatoria over a parcel of rice land No Splitting and Res Judicata. Claim is not barred because claim for recovery of harvested rice
against B. He averred that the land was sold to him. B filed does not need to be set up in the first claim. B acquired the right to harvest after he filed an
an answer with a counterclaim. Answer. He was dispossessed of the property after he filed his Answer with Counterclaim.
4. During pendency of the case, A dispossessed B and
proceeded to harvest rice. Trial court dismissed A’s suit. A
returned the land to B.
5. B filed to recover the value of rice harvested by B.
Contract to supply gas for 10 years starting from 1919. Thus, this is There is Splitting and Res judicata.
from 1919-1929. Respondent refused to deliver after 4 years. GR: A contract to do several things at several times is divisible. A judgment for a single breach
6. Plaintiff filed an action for damages and he was awarded up is a continuing contract and is not a bar to a suit for subsequent breaches.
to 1923. : If obligor manifestly refuses to perform all other prestations, contract is entire and breach
7. He filed another action, this time, for recovery of damages total and constitutes only one cause of action.
from 1924 to 1929.
Damages from 1924-1924 should have been brought up under Principle of Anticipatory Breach
because B made a n outright rrefusal to make any delivery under contract.
8. A lessee who violated the terms of lease was subjected to an No Splitting. There are two causes of action—one for breach of terms of lease and the other
unlawful detainer case. for expiration of lease contract.
9. While Case 1 was pending appeal, lease agreement expired
and lessor filed another unlawful detainer case.
Joinder and Sec 5-6, Joinder of Causes of Action

misjoinder of Rule 2 1. There is one pleading.
causes of 2. Pleading may assert as many causes of action, in alternative or otherwise, subject to the following conditions:
action a. Party joining the causes of action must comply with Rules of Joinder of Parties:
i. Right of relief should arise from same transaction or series of transactions.
ii. Question of law and fact is common to all parties
b. Joinder shall not include SCA or Actions governed by Special Rules
c. If causes are between same parties but with different venues or jurisdictions, it is allowed in RTC as long as one of the causes are under its jurisdiction
and venue lies in it.
d. All claims arise from causes for recovery of money, aggregate amount shall be the Test of Jurisdiction (Totality Rule)
Personal notes:
1. Presumption is there are at least two causes of action belonging to same plaintiff.
a. EX: Accion reinvidicatoria and/or complaint for recovery of damages + complaint of recovery of sum of money arising from the loan
2. If causes of action accrue in favor of one plaintiff and one defendant, there is no need to follow the Rules of Joinder of Parties because no parties are joined:
a. No need for relief to arise from same transaction or series of transactions. Causes of action may be totally unrelated to each other.
b. Question of law and fact need not be common to all plaintiffs or to all defendants
3. Joinder of parties are permissive.
4. “Transaction” means whatever may be done by one person which affects another’s rights, and out of which a cause of action may arise. It is not limited to
agreements or contracts, but also includes acts, omissions or facts out of which the cause of action arises.
5. “Series of transactions” is equivalent to “transactions connected to the same subject of the action”.
6. Reason as to why Joinder of Causes of Action must not include SCA or actions governed by Special Rules is to avoid confusion in the conduct of proceedings.
7. Court cannot order a plaintiff to join causes of action. There is nothing in Sec 6, Rule 2 (Misjoinder of Causes) that empowers the court to do so.
a. Compare with Sec 11 Rule 3 (Misjoinder and Nonjoinder of Parties) where parties may be dropped or added by order of court upon motion or sua
sponte.
8. Joinder of causes is allowed in RTC even if other causes pertain to MTC, as long as one of causes falls within RTC’s jurisdiction.
a. As RTC has jurisdiction over the action to declare the interest rates and foreclosure void, RTC is allowed to decide the action for violation of Truth
Lending Act which was jointly instituted even if this cause of action falls within MTC.
Totality Rule
1. If claims in all causes of action are principally for recovery of money, aggregate amount claimed shall be the Test of Jurisdiction.
2. BASIS: Sec 33, BP 120 states, “where several claims or causes of action between the same or different parties, embodied in the same complaint, the amount of
demand shall be the totality of claims in all causes of action, irrespective of whether causes arose out of the same or different transactions”.
3. Amounts not included in Totality Rule are:
a. Damages of whatever kind
b. Interest
c. Attorney’s fees
d. Litigation expenses
e. Costs
4. The term of “damages of whatever kind” refers to damages that are only incidental or a consequence of the main cause of action. If the case refers to damages
as the main cause of action or one of the causes of action, it is considered in determining the jurisdiction of court.
A’s bus sideswiped a car owned by B. The cost of the repair was 450,000. Insurer Totality Rule shall apply because:
paid B 60,000 so the balance of 390,000 was shouldered by B. Insurer and B filed a 1. Two causes of action arose from a single transaction—A’s bus hitting
single complaint before RTC Las Pinas against A wherein the insurer claimed 60,000 the rearside of the car.
while B calimed 390,000. 2. Common question of fact: whether the bus driver was negligence.
A contends that RTC Las Pinas does not have jurisdiction since separate claims fall
below the jurisdiction.
A is a Manila resident, while BC are Batangas residents. They are co-owners of a Joinder was not proper.
parcel of residential land in Pasay with assessed value of 100,000. A borrowed 1. It shall not include SCA.
100,000 from B which he defaulted. He also rejected BC’s proposal to partition the 2. One fo the actions joined is for Partition which is an SCA.
property. 3. Claim against C and collection claim against A did not comply with rule
10. B filed a complaint against AC in RTC Pasay for partition. on joinder of parties since claims did not arise from same transaction
11. He also incorporated an action against A for collection of 100,000 loan or series of transactions.
plus interests and attorney’s fees
Misjoinder of Causes of Action

1. Misjoinder is not a ground for MD. Upon motion or motu proprio, causes may be severed and proceeded separately.
a. Misjoinder of action for quieting of title which is SCA under Rule 63 and an action or declaration of nullity in one suit is not a ground for dismissal of the
case.
2. If there is no objection to the improper joinder, and court did not direct a severance, there is no bar to simultaneous adjudication of all erroneously joined
causes.
3. Effects of Misjoinder:
a. Court can order severance of misjoinder cause to be proceeded separately (in case of misjoinder of causes)
b. Dropping of party and severance of claim against said misjoined party, also to be proceeded separately (in case of misjoinder of parties)
4. There are no non-joinders of causes of action because joinder is purely discretionary upon plaintiff. If he does not want to join his causes, nobody can force him
to.
5. Even if all causes of action are within jurisdiction of inferior court, it is possible that there is misjoinder when some follow a special procedure and others are
part of the enumeration of SCA.
6. Provision allowing joinder of causes pertaining to different jurisdictions apply only if joinder is in the RTC, not MTC.
There was a dealer of tires. NO, because it must follow the Rule of Joinder of Parties.
12. One transaction, he sold different tires to A. In Joinder of Parties, causes of action must arise out of same transaction or series
13. In another transaction, he sold different tires to B. of transactions.
Both A and B defaulted. Can dealer file one complaint against A and B for recovery Even if contracts where of sale, these were totally unrelated to one another.
of their respective obligations?
14. Unlawful detainer is cognizable by original and exclusive jurisdiction of an NO, unlawful detainer is governed by Summary Procedure while action for
inferior court. recovery of money is governed by regular procedure. These will have to be
15. A cause of action for recovery of 250,000 is also cognizable by an inferior separated and the court will continue to hear the case which follows ordinary
court procedure.
Can you join these?
A, owner of land, files a complaint for recovery of possession against 30 persons YES. Action arises out of same transaction—occupancy of A’s Land.
each occupying a separate and distinct portion of land. “Transaction” not only refers to contract but to occurrence.
Is a joinder of defendants proper? There is also common question of law—whether defendants have the right to
hold possession
A, Manila resident, filed a complaint against D, Iloilo resident in RTC Manila. YES. Where causes of action are between same parties but pertain to different
16. Action for collection of 500,000 venues or jurisdictions, joinder may be allowed in RTC provided one of the causes
17. Action for title to real property in Iloilo with assessed value of 20,000. of action falls within jurisdiction of RTC and venue lies therein.
Both causes of action arise from same transaction. Is there a valid joinder?
A, Manila resident, filed a complaint against B, Iloilo Resident in RTC Manila: NO. While real action falls within RTC Manila, venue should be in Iloilo.
18. Collection of 300,000 Sec 5(c) uses the word “and”. Hence, there is a misjoinder.
19. Recovery of real property in Iloilo with assessed value of 60,000
Both causes of action arise from same transaction. Is there a valid joinder? I would will an MD on ground of lack of jurisdiction and lack of venue. Since there
is no proper joinder of causes of action, each should be filed separately. RTC has
no jurisdiction over a claim not exceeding 300,000 and venue of real action is
misplaced because it should have been filed in Iloilo.
A filed a complaint in RTC Manila joining 2 causes of action: NO. SP is incapable of pecuniary estimation. However, collection of 350,000 is not
20. Collection of 250,000 against D under RTC. It should be severed.
21. Specific performance against E based on E’s undertaking that he will
assign certain shares of stock in favor of P in D defaults in payment of the Rule under Sec 5(c) applies only “where causes of action are between the same
loan. parties”. Here, one cause of action is against D and the other E. Hence, joinder is
Assuming that joinder of DE complies with Sec 6 Rule 3, was there proper joinder of not allowed because one cause falls outside RTC’s jurisdiction.
causes of action?
C. Parties to Civil Actions

Real parties in Sec 2, Real parties-in-interest:
interest Rule 3 1. Party who stands to be benefited or injured by the jdugmenet.
2. Party entitled to the avails o the suit.
Notes on parties:
3. Parties to a civil action are plaintiff and defendant.
a. They must be:
i. Natural or juridical persons
ii. Entity authorized by law:
1. Corporation by estoppel
2. Partnership by estoppel (Partnership having a capital of 3000 or more but which fails to comply with registration requirements)
3. Estate of deceased person
4. Legitimate labor organization
5. Political party incorporated under ACT 1459
6. Archbishop of diocese as to properties of Roman Catholic Church
7. Dissolved corporation provided that suits:
a. Occur within 3 years after dissolution
b. Suits are in connection with settlement and closure of its affairs
i. If corporation commenced the suit within the 3-year period, corporation has personality even if litigation
ends after the said period.
b. They must have legal capacity to sue.
c. They must be real parties-in-interest.
4. If the plaintiff is not a natural or juridical person or entity authorized to be a party, the ground for MD is No Legal Capacity to Sue.
a. An association is considered a juridical person if the law grants it a personality separate and distinct from its members. Thus, it must be organized in
order to have legal capacity to institute any action. Members cannot also represent their association without valid legal authority.
b. An organization that is still in the process of incorporation, cannot be considered a juridical person or entity authorized by law. An unincorporated
association, in the absence of enabling law, has no juridical personality.
c. No legal standing is needed in our Rules of Environmental Cases because it now allows any Filipino citizen to bring a suit to enforce our environmental
laws as a steward of nature.
d. An unlicensed foreign corporation not doing business in the Philippines has capacity to sue.
i. An unlicensed foreign corporation doing business in the Philippines cannot sue before Philippine courts but such corporation can sue if it is
not doing business.
e. A private company owned by a foreign government is not immune from suit.
Real properties in interest
1. GR: Every action must be prosecuted or defended in the name of the real party-in-interest.
2. Rule does not require that civil action must be prosecuted by the real party-in-interest. Sec 2 Rule 3 states that, “a civil action can be prosecuted in the name of
but not necessarily by the real party in interest.
a. Hence the action can be prosecuted by a representative or someone acting in fiduciary capacity.
b. But beneficiary shall be included in the title of the case and shall be deemed the real party in interest.
3. Ground for dismissal if action is not prosecuted or defendant in name of real party is Failure to State Cause of Action, not Lack of Legal Capacity to Sue.
a. A petition for declaration of nullity of marriage may only be brought by husband or wife. Hence, even if an heir or one of the spouses will benefit by
inheritance if the marriage is declared null, he cannot file the petition himself.
b. The ground is not Lack of Legal Capacity to Sue.
4. His interest must be real. It must not be a mere expectancy, future, contingent or consequential.
5. Real party in an action for recovery of possession or ownership:
a. Any one of co-owners may bring any kind of action for recovery of co-owned properties because the suit is presumed ot have been filed for benefit of all
co-owners. Art 487 covers all kinds of action for recovery of possession and ownership.
6. GR: only parties to a contract may sue.
a. EXCEPTIONS:
i. Beneficiary of a stipulation pour autrui may demand fulfillment.
ii. Those not principally or subsidiarily obligated may show their detriment that could result from the contract (i.e. creditor who is not a party to
a contract can sue to rescind the contract to redress the fraud committed to him).
A drove the car of his father and left it in the parking area of the hotel where he was A’s father is a real party-in-interest. A real party in interest is someone who
guest. He entrusted the key to a security guard hired by the owner of the hotel. stands to be benefited by the judgment of the suit or a party entitled to the avails
of the suit.
B, pretending to be the brother of A, got the key from the security guard and drove
away the car. Here, A’s father owns the car. Thus, he stands to be benefited.
Argument that it was A, not A’s father, who was the guest is untenable. Right of
A’s father sued the hotel for value of the carnapped vehicle. The hotel sets up a A’s father is not based on contract but on law, specifically Art 1999 which
defense stating that the father had no interest because he was not the guest in the provides that hotel-keepers are liable for vehicles placed in the annexes of the
hotel. hotel.
Distinction Real party in interest Locus Standi

between real Definition Party who stands to be benefited or injured by the judgment in suit. One with personal or substantial interest in case such that the party has
party in interest GR: Every action must be prosecuted or defended in the name of sustained or will sustain direct injury as a result of governmental act that is
and locus standi real party in interest. being challenged.
Question of Whether or not he will benenefited or injured by the judgment Whether a party alleges such personal state in outcome of controversy as to
standing assure concrete adverseness which sharpens the presentation of issues as
well as foster judicial restraint.
Personal notes:
1. Requisites for judicial review of executive act under Locus Standi:
a. There must be an actual case or justiciable controversy
b. Question must be ripe and ready for adjudication
c. Person challenging it must be a proper party
d. Issue of constitutionality must be raised at the earliest possible opportunity and must be the lis mota of the case
2. Minimum requirements of non-traditional suitors:
Taxpayers There must be a claim of illegal disbursement of public funds or tax measure is unconstitutional
Voters Showing of obvious interest in validity of election law in question
Concerned citizens Issues raised are of transcendental importance
Legislators Official action complained of infringes their prerogatives as legislators
Representatives Sec 3, Beneficiary Representative
Rule 3 If the action is allowed to be prosecuted and defended He may be:
by a representative or someone acting in a fiduciary 1. Trustee of an express trust
capacity, beneficiary shall be included in the title of 2. Guardian
the case and shall be deemed as the real party in 3. Executor or administrator
interest. 4. Party authorized by law or these Rules
An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without
joining the principal, except when contract involves things belonging to the principal
Notes:
GR: A civil action must always be prosecuted and defended in the name of real party in interest
: Representative party
1. Other people may file an action representing the real parties in interest, but action must be brought in the name of the real party-in-interest.
2. Representatives must identify the identity of real party-in-interest in their pleading/complaint.
a. If beneficiary is not identified, court can compel the plaintiff to amend. If plaintiff ignores the court order, court could dismiss the complaint under Rule
17 for failure of party to compel the plaintiff to obey court order. This is a dismissal with prejudice amounting to res judicata.
b. Ground for dismissal if action is not prosecuted or defendant in name of real party is Failure to State Cause of Action, not Lack of Legal Capacity to
Sue.
i. Court cannot motu proprio dismiss the complaint if real party in interest or indispensable party is not impleaded because Failure to State
Cause of Action is not one of the four non-waivable defenses:
1. Lack of jurisdiction
2. Litis pendencia
3. Res judicata
4. Prescription
c. If the complaint is not filed by an agent who is unauthorized, ground for dismissal is Lack of Jursidiction over Parties. Complaint is deemed not filed.
3. Exception to Rule requiring joinder of beneficiary: Agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining
the principal, except when contract involves things belonging to the principal.
a. If an agent acts in his own name, principal has no right of action against persons with whom the agent has contracted; neither have such persons agents
the principal. In such case, agent is the one directly bound in favor of the person with whom he contracted.
4. An agent can sue in his own name when:
a. Agent acted in his won name during the transaction.
b. Agent acted for the benefit of an undisclosed principal
c. Transaction did not involve property of the principal
Plaintiff brought an action for reconveyance over land. He Case should be dismissed. Action for reconveyance should be brought against the registered owner. He
brought an action not against the registered owner but should have been impleaded.
against his mother, A. His contention was that A was the
attorney-in-fact of the registered owned.
V-Gent Inc. bought airplane tickets from Morning Star V-Gent, which purchased various airline tickets for individual passengers, cannot sue the travel agency
Travel & Tours. Tickets were in the name of the airplane without impleading the individual ticketholders.
passengers and paid for with their money. V-Gent, in its 1. Only first element is present—the purchase order and receipt were in the name of V-Gent.
own name, filed a suit against Morning Start for refund of 2. V-Gent cannot use the last sentence of Sec 3, Rule 3 which provides, “an agent acting in his own
unused airplane tickets. name and for benefit of an undisclosed principal may sue… without joining the principal”.
a. Here, V-Gent disclosed the names of the passengers. N fact, airplane tickets where in
the name of airplane passengers.
b. Transaction was paid using passengers’ money.
Indigent parties Sec 21, Indigent party:
Rule 3 1. Party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family.
2. He files an application.
3. Court, upon ex parte application and hearing may authorized the party to litigate his action, claim or defense once it is satisfied. This includes exemption from
docket fees and other lawful fees, and of transcripts of stenographic notes.
4. Amount exempted shall be a lien on any judgment rendered in case favorable to indigent.
5. Adverse party may contest at any time before judgment is rendered by trial court.
a. There will be a hearing.
b. If court determines that indigent was in fact with sufficient income and property, proper docket and other lawful fees shall be assessed and collected
by Clerk.
c. If payment not made within time fixed, execution shall issue or its payment, without prejudice to other sanctions.
Notes:
1. Requirements for automatic qualification as indigent parties (motion shall be granted as a matter of right):
Income requirement Gross income and that of family must not exceed an amount double the monthly minimum wage of an employee.
Property requirement Applicant must not own real property with a fair market value of more than 300,000.
2. Pauper litigant as a matter of discretion (hearing required):

a. If one or both requirements have not been met, motion should not be denied outright but trial court shall set the case for hearing.
3. Only qualification that litigant can prove is that he cannot support himself and his family even if he is salaried employee.
4. Certificate of indigency should be attached to pleadings issued either by Barangay or DSWD.
5. Ex parte motion under Sec 21 is an exemption to the rule that “no motions should be ex parte” under Rule 15.
Alternative Sec 13 Alternative parties:

parties 1. Plaintiff is uncertain against who of several persons he is entitled to relief
2. He may join any or all of them as defendants in the alternative, even if a right to relief against one of them may be inconsistent with the relief against the other
Personal notes:
1. There can also be alternative cause of action and alternative defenses. This is under Rule 8.
a. If owner of goods is unsure whether the goods were lost in transit or deposited in the warehouse of arrastre, he may sue the shipper or the operator in
the alternative, even if right against the operation is based on contract.
2. Decision of the court can also be in alternative.
a. Rule 60 allows a judgment in alternative—either delivery property or pay value of property.
Compulsory and Sec 6- Permissive Joinder:
permissive 7, Rule 1. All persons may join as plaintiffs or be joined as defendants in one complaint.
joinder of parties 3 2. Requirements:
a. Any question of law or fact common to all plaintiffs and to all defendants may arise in the action
b. Right of relief is in respect to or arising from same transaction or series of transactions is alleged to exist, whether jointly or severally, or in the
alternative.
3. Court may order to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no
interest.
Personal notes:
1. Rule on permissive joinders:
a. Parties can be joined in a single complaint or may themselves maintain or be sued in separate suits.
i. Requisites:
1. Right of relief arises out of the same transaction or series of transactions
2. There is a question of law or fact common to all plaintiffs or defendants.
3. Such joinder is not proscribed by the RC on jurisdiction and venue.
2. “Series of transactions”: separate dealings but all of which are directly connected with same subject matter of suit.
3. Joinder is compulsory only when there is an indispensable party.
Compulsory joinder
Parties in interest, without whom no final determination can be had, shall be joined wither as plaintiff or defendants.
Notes:
1. Burden to implead or order impleading of indispensable party rests on plaintiff and trial court, respectively.
2. Necessary parties must be joined if possible and indispensable parties must be joined under any and all conditions.
3. Presence of indispensable parties is condition sine qua non for exercise of judicial powers. If one of the indispensable parties is not impleaded, court has no
jurisdiction over these who were successfully impleaded.
4. Cases of compulsory joinder:
a. Heirs of decedent in an action to recover real property are indispensable.
b. In an action for recovery of property against person who purchased it from another, who in turn acquired it by same means or by donation, or otherwise,
predecessors or defendants are indispensable because transfer may bind the plaintiff if not voided.
5. Rules on Co-owners in actions to recover property:
a. Each co-owner is an indispensable party and must be made defendants in the case.
b. If suit is brought by any of them against a 3rd person to recover properties, they are no longer indispensable nor necessary because the suit is presumed
to be for all of their benefit. Only one of them is indispensable.
Necessary parties Sec 8, Indispensable party Necessary party

Rule 3 Definition He is a party in interest without whom no final determination may be had. He is one who is not indispensable but who
Indispensable Sec 7, ought to be joined as a party if:
parties Rule 3 1. Complete relief is to be accorded to
those already parties
2. Complete determination or
settlement of claim subject of the
action
Test A party is an indispensable party if his absence will not justify the court from trying and If complete relief cannot be afforded to original
adjudicating the case. parties or complete determination of claim
subject of the case cannot be made without
impleading the party, he is a necessary party.
Effect of judgment if Joinder is mandatory. Action can proceed even without their presence.
not impleaded
Effect on power of Court cannot proceed without their presence. Their absence will not affect the final decree.
courts to terminate
controversy
Examples 1. In a contract of loan, if there is just one lender and one borrower, both are 1. Joint obligors
indispensable parties. It is impossible for lender to file a complaint for recovery of 2. Junior mortgagees
loan without impleading the borrower. 3. If one co-owner files a case on behalf
2. Action for rescission of creditor to annul a fraudulent sale, vendor is indispensable. of property, other co-owners are
3. Action for nullification of title, registered owner is indispensable. necessary parties.
4. Action for recovery of land against defendant, who is a tenant of a third-party who 4. Transferee pendent lite
claims to be the owner. 5. Action for collection, co-owners of PN
5. All co-owners in a partition suit.
a. However, not all co-owners are indispensable if the suit is against a 3rd
party who poses a challenge to their land.
6. Petition for Certiorari, main respondent is the Public Respondent. Not all private
parties are indispensable.
7. Petition for Certiorari and Prohibition against Secretary of Environmental and
Natural Resources to set aside timber license agreements, timber license holders
are indispensable.
8. Petition for Cancellation or correction of entries in civil registry, Local Civil
Registrar
9. Petition for Cancellation of loan contract entered between municipality and Land
Bank, filed by a taxpayer against Land Bank and municipal officers, municipality
itself is an indispensable party
Joint debtor Solidary debtor

Kind of party Indispensable Neither indispensable nor necessary
Presumption of Civil Code Where there are two or more debtors, they are assumed Anyone of debtors can be compelled to pay the whole obligation. Creditor
to be joint. Debtor 1 is liable for ½ and Debtor 2 on other remains to be indispensable party. One of solidary debtors shall also be
half indispensable party because case cannot be decided unless one is
impleaded as a defendant.
Number of causes of action Two or for how many debtors are there because Only one because Civil Code allows recovery of entire claim.
creditor’s right to collect depends on how many debtors
there are.
Notes:
 Action for damages, joint-tort feasors (driver and bus owner) are neither indispensable nor necessary because their liability is solidary. Complete relief is available
from either.
 In a suit to nullify an existing TCT with annotated REM, mortgagee is an indispensable party because his rights over the property would no longer be respected and
known by third parties.
An impostor mortgage the property of A to Chinabank. A Impostor is not an indispensable party because the case can proceed as long as A proves that she is really A.
filed an action in RTC against Chinabank to nullify the Declaration of the mortgage’s nullity will also not prejudice the impostor as the bank still needs to initiate
mortgage on the ground that she is the real owner. proceedings to go after the mortgagor, who in tern can raise other defenses pertinent to the two of them.
However, she did not implead the impostor.
Misjoinder and Sec 9 Misjoinder:

non-joinder of and 11, 1. Neither a misjoinder nor non-joinder of parties is a ground for dismissal of an action.
parties Rule 3 2. Partise may be dropped or added by court order on motion or motu proprio at any stage of the action and on such terms as just.
3. Any claim against a misjoined party may be severed and proceeded with separately.
Non-joinder:
Whenever in any pleading where a claim is asserted and the necessary party is not joined, the pleader shall state why he is omitted.
Should the court find the reason to be unmeritorious, it may order inclusion of the omitted necessary party if it obtains jurisdiction over his person.
1. Failure to comply with order of his inclusion, without justifiable cause, shall be deemed a waiver of the claim against the necessary party.
2. Non-inclusion does not not prevent the court from proceeding with the action. Judgment shall be without prejudice to the rights of the necessary party.
Indispensable Necessary
Effect of failure to 1. Failure to implead per se is not a ground to dismiss the case. 1. Order for his inlcusion
implead a. Court should order plaintiff to amend his complaint by impleading the indispensable party 2. Waiver of claim
or allowing his intervention. against such party
b. These measures may be taken even after rendition of judgment.
c. However, amendment or intervention is no longer available if there has already been
entry of judgment. In such case, judgment would be null and void
2. However, if there is refusal to implead despite court order, remedies are:
a. Failure to Prosecute on the grounds of Failure to Comply with Court Order (dismissal
with prejudice)
b. Failure to State Cause of Action (dismissal without prejudice)
Class suits Sec 12, Class suit:
Rule 3 a) Subject matter of the controversy is one of common or general interest to many persons.
b) Persons are so numerous that it is impracticable to join all of them as parties.
c) A number of them, which the court finds to be sufficiently numerous and representative to protect the interests of all concerned may sue or defend for the
benefit of all.
d) Any party in interest shall have the right to intervene to protect his individual interest.
Notes:
A. Class suit vs. Joinder
Class suit Joinder
Cause of action One Multiple
Community of Community of interest among several persons who are so numerous that it is Several parties have various causes of action.
interest not practical to bring them all to court.
Requisites 1. Subject matter is common or of general interest. 1. Right of relief arises out of same transaction or series of
2. Persons are so numerous. transactions
3. Parties bring the suit are sufficient in number and representative. 2. Question of law or fact common to all plaintiffs or
4. Representative sues or defends for benefit of all. defendants
3. Joinder is not proscribed by jurisdiction and venue
4. Series of transactions refer to separate dealings with
parties but are all connected in the same subject
matter.
B. A group member who was not appointed as representative may intervene in the class suit in order to protect his individual interest.
a. GR: Intervention is a matter of discretion.
b. : Class suit
C. If class suit is not proper, remedy is MD on the ground of No Legal Capacity to Sue because plaintiffs have no right to sue.
D. There is no class suit in Libel because each has a separate and distinct reputation in the community.
E. There is no class suit in a community of squatters because each squatter is interested in the area he actually occupies.
Suits against Sec 15, No juridical personality

entities without Rule 3 1. Two or more persons not organized as entity with juridical personality.
juridical 2. They enter into a transaction.
personality 3. A wrong or delict is committed against person in the course of such transaction
4. They may be sued under the name by which they are generally or commonly known.
5. In the answer of such defendant, name and address of persons composing said entity must all be revealed.
Personal notes:
1. Service of summons can be effected upon all of them by serving it to any of them or to the person in charged of the office or place of business maintained under
such name.
2. Judgment shall be set out their individual or proper names, if known.
3. They cannot sue because only natural or juridical persons or entities authorized by law may be parties to a civil action.
Effect of death of Sec 16, Duty of counsel 1. A party to a pending action dies.
party litigant Rule 3 2. Claim is not extinguished.
3. Counsel has the duty to:
a. Inform the court within 30 days of such death.
b. Give the name and address of his legal representative/s.
c. Failure to comply shall be a ground for disciplinary action.
Heirs Heirs may be allowed to be substituted for the deceased, without requiring the appointment of an executor and administrator.
Court may appoint a guardian ad litem for minor heirs.
Substitution and in case 1. After substitution, court shall order the legal representatives or representatives to appear and be substituted within 30 days
no representatives from notice.
2. If no legal representative is named by counsel, or if one fails to appear within specified period, court may order the opposing
party to procure the appointment of executor or administrator for the estate within a specified time.
a. The one assigned shall immediately appear for and on behalf of deceased.
Notes:
1. If the case is not extinguished by the death of the defendant, it will not dismissed.
a. GR: Person’s rights and obligations are transmissible upon his death to his heirs.
b. EXCEPTIONS (result to extinguishment of claim):
i. Rights and obligations are intransmissible by law or by stipulation
ii. If the action is purely personal in character
c. Question as to whether an action survives or not depends on nature of action and the damage sued for.
Causes of action which survive Causes of action which do not survive
Wrong affects primarily property and property rights. Injury is to the person.
Injuries to persons are only incidental. Property and property rights are incidental.
Contractual money claims Non-contractual money claims

Plaintiff dies Defendant dies Apply substitution. These are mentioned in
Case will continue and heirs Before entry of final Case shall not be dismissed but shall be allowed to continue Sec 7 Rule 86 and Sec 1 Rule 87
or legal representatives will judgment until entry of final judgment.
produce If judgment is favorable to plaintiff, it shall be filed as a
money claim against defendant’s estate.
After entry but All claims against decedent, due or contingent, must be
before execution of filed within time limited as a claim against estate.
final judgment Plaintiff cannot move to executed under Rule 39 because
SpecPro governs.
After levy or Property actually levied may be sold for satisfaction of
execution but before judgment obligation. Rule 39 applies
auction sale
2. What is actually material is whether the action was purely personal or not. Since action involved property rights, it is one which survives regardless of whether it
was for SP or a real action.
3. Duty of counsel also applies to death of party in cases pending appeal.
a. The purpose of notifying or informing the court of the death is so the court may order legal representatives to appear and be substituted for the
deceased within a period of 30 days from notice.
b. Legal representatives are:
i. Executor or administrator appointed by the probate court.
ii. If none, court has two options:
1. It may simply allow the heirs of the deceased to be substituted for the deceased, without requiring the appointment of an
executor or administrator, and court may appoint a guardian ad litem for the minor heirs.
2. Court may order opposing party within a specified time to procure the appointment of executory or administrator for estate. The
latter will immediately appear for and in behalf of deceased.
a. The second option is only available if there are pending probate proceedings as it is the probate court which will
issue the letters of testamentary or letters of administration.
b. If there are no pending probate proceedings, the court will simply allow the heirs to be substituted.
c. If the counsel does not name any legal representatives or the one named fails to appear within the time specified, revert to B2 above.
4. If no valid substitution of parties is made, proceedings are void because the court did not acquire over persons of heirs upon whom the judgment would be
binding.
a. Moreover, attorneys for offended party ceased to be attorneys for deceased upon the death of the principal.
5. Deceased cannot be substituted by a person who is not an heir, legal representative or administrator.
a. A substitute should not have a claim against the interest of the deceased through the transfer of the latter’s interest in the litigation to another party.
6. If counsel fails to inform the court of death and the court rendered judgment without ordering substitution, judgment is valid and binding upon legal
representatives or successors-in-interest.
a. Remedy of heirs is to file a Motion to Set Aside the Writ of Execution.
b. This should be distinguished from situation here court was properly informed of death but failed to issue an order of substitution.
7. Death of party extinguishes the lawyer-client relationship and hence, lawyer has no more authority to act in the case except to notify the court and give it the
names and addresses of the legal representatives.
8. Sec 16, Rule 3 does not apply in criminal cases.
a. Under Sec 4, Rule 111, death of accused during pendency of criminal action shall extinguish the civil liability arising from the crime.
b. However, Sec 16, Rule 3 applies if the civil action for recovery of civil liability arising from offense charged was deemed instituted with the criminal
action and it was the offended party who died. In this case, he would be substituted by his legal representatives.
9. The effect of transfer of interest during pendency of litigation is:
a. Action may be continued by or against the original party, unless the court upon motion directs the transferee to be substituted in the action or joined
with the original party.
b. Sec 19 Rule 3 does not require the counsel of parties to report any transfer of interest.
A filed with RTC an action for SP against B to compel B to execute a deed of CA is incorrect. Although CA correctly pointed out that A’s action is for SP, a closer
absolute sale for A and to deliver the certificate of title to it. look reveals that it actually prays for delivery of ownership of land through B’s
Before pre-trial, B died. execution of deed of sale and turnover of certificate of title in its favor.
B’s counsel informed the court of B’s death but could not give the names of B’s
heirs and their addresses for lack of personal knowledge. Thus, RTC ordered A The primary objective and nature of the complaint is to recover the property. Thus, it
to procure the appointment of an executor or administrator for B’s estate. is a real action. Death of B did not dismiss the case. But rather calls for proper
application of substitution of litigants.
On an SCA Certiorari to CA, CA ordered the dismissal of the action for SP. It held
that action for SP is an action in personam because its object was to compel B to
perform his obligations. Thus, it did not survive B’s death.
A filed an action against B to claim status of legitimacy. During pendency of YES. Action to claim legitimacy already commenced by the child shall survive
case, B died. May heirs be substituted in the action? notwithstanding the death of either or both parties.
A executed a will naming B as one of his devisees. YES. Sec 16, Rule 3 states that, “heirs of deceased may be allowed to be substituted
Upon A’s death, a petition for probate of will was filed with RTC. During for deceased without requiring appointment of executor or administrator”.
pendency of probate proceedings, B died intestate.
C Law Firm entered its appearance as counsel for one of the heirs of B. The
probate court allowed appearance of counsel and substitution.
The son of A opposed the substitution on the ground that priority must be given
to the legal representative of the deceased (i.e. executor or administrator), and
it is only in case of unreasonable delay in appointment of executor or
administrator, or where heirs resort to extrajudicial settlement, that the court
should allow heirs to be substituted. Was the substitution proper?
A filed an action to recover possession and ownership of land against B. During YES. Despite the GR in Sec 16, Rule 3, formal substitution is not necessary when they
pendency of case, A died but no substitution was effected. Trial court ruled in themselves voluntarily appear, participate in the case and present evidence in behalf
favor of A. B asserted that RTC’s decision was invalid for lack of jurisdiction of deceased.
because heirs were not substituted. Was the trial court’s decision valid?
Rule on Substitution of heirs is not a matter of jurisdiction but requirement of due
process. Thus, when due process is not violated, as when right of representative or
heir is recognized and protected, non-compliance or belated compliance with Rules
cannot affect the validity of a promulgated decision.
Mere failure to substitute for deceased plaintiff is not a sufficient ground to nullity the
court’s decision. Alleging party must prove that there was undeniable violation of due
process.
A filed an action for quieting of title. During pendency of case, a notice of Duty of court to order legal representatives to appear arises only upon proper notice.
hearing sent to B was returned with notation “party-deceased”. B’s counsel still Notation, “party-deceased” on unserved notices could not be the “proper notice”
continued to appear for B and did not inform the court of B’s death. contemplated by the Rule.
As trial court could not be expected to know or take judicial notice of death of a party
without proper manifestation from counsel, trial court may continue with the
proceedings.
Failure of counsel will not invalidate the proceedings and judgment if action survives
death of party. Decision shall bind the party’s successors-in-interest.
D. Venue
Venue vs. Venue Jurisdiction
Jurisdiction Definition Place where action is instituted Power of court to hear and decide a case.
Governing law Procedural Substantive
Relations established Between plaintiff and defendant; petitioner and respondent Court and subject matter
Basis It may be waived, charged by written agreement of parties Conferred by law and cannot be waived
Notes:
1. Court cannot motu proprio dismiss a complaint on the ground of improper venue.
a. : Summary Procedure and Small Claims Cases.
b. Ground for improper venue must be raised in an MD or in an Answer if no MD was filed.
2. Means of waiving the defense of venue:
a. Failure to object through MD
b. Affirmative relief sought in court where case is filed
c. Affirmative defense in Answer
d. Voluntary submission to court where case is filed
e. Laches
3. In cases governed by SP and ejectment cases, MD is a prohibited pleading. Trial court, instead, should issue summons from allegations of the complaint and such
evidence to dismiss the case outright on any of the grounds for dismissal which are apparent, including improper venue.
4. Residence of a corporation is its principal place of business, not its branch office. This apply to derivative suits.
5. Inclusion of a party plaintiff who was not the principal plaintiff in the action cannto justify filing the case on his place of residence.
Venue of real Sec 1 Real actions Personal actions Action against non-residence
actions Rule 4 Definition Those affecting title or possession of real Recovery of personal property, enforcement Action affects personal status of plaintiff, or any
Venue of Sec 2 property or real interest. of contract or recovery of damages property of said defendant located in Philippines
personal actions Rule 4 Venue 1. Court that has territorial jurisdiction GR Where plaintiff or 1. Where plaintiff or any of the principal
Venue of actions Sec 3, over area where property located or defendant resides plaintiff resides
against non- Rule 4 its portion situated. Multiple Where any of the principal 2. In place where he may be found
residents 2. For forcible entry and detainer parties plaintiffs or defendants
actions, MTC of municipality or city reside
wherein real property involved or
portion is situated.
Real actions:
Property located at boundaries of two places Case involves two parties located in two different places
Either place at option of plaintiff If properties are object of same transaction, in any of two places.
If of two different transactions, separate actions filed in each place, unless properly joined.
1. Venue for revival of action depends on nature of prayer for revival.

2. If original action was for SP and damages, action to revive if focused on delivery of real property arising from judgment is considered a real action.
Personal actions:
1. Residence means personal, actual or physical habitation of a person. Actual residence or place of abode whether permanent or temporary as long as he resides
there continuously and consistently.
2. Unlike barangay conciliation, temporary residence will be considered.
3. A case which prays for declaration of nullity of loan agreement and its accompanying surety agreement, and real and chattel mortgage was deemed to be a
personal action. There was no transfer of real property yet, hence, it cannot be a real action.
4. Action to recover deficiency after extrajudicial foreclosure is a personal action.
Non-residents:
Non-resident and found in Philippines Non-resident not found
Personal actions Real actions An action may be filed only when case involves:
Where plaintiff resides Where property located Personal status of plaintiff Property of defendant located in Philippines
Where plaintiff resides Where property located
1. Sec 3 Rule 4 does not apply if defendant is temporarily staying in Philippines.

2. This should be read together with Summons.
When rules on Sec 4, The rule shall not apply:

venue do not Rule 4 1. Those cases where a specific rule or law provides otherwise
apply 2. Parties have validly agreed in writing before filing of action on exclusive venue.
Criminal and civil cases of RTC having jurisdiction over:

Libel 1. Place where libelous article is printed and first published
2. Where any of offended parties actually resides at time of commission of offenses
Petitions for declaration of 1. FC of province or city where petitioner or respondent has been residing for at least 6 months prior to date of filing
nullity, annulment and 2. In case of non-resident respondent, where he may be found in Philippines, at election fo petitioner
legal separation
Petitions for rehabilitation RTC over territory where debtor’s principal office is located.
Intra-corporate RTC over principal office of corporation, partnership or association concerned
controversies
Petition for deposition Court of place of residence of any expected adverse party
before action
Small claims cause If plaintiff is engaged in business of lending, banking and similar activities + has a branch within municipality or city where defendant
resides, State of Claims shall be filed where that branch is located.
Effects of Notes:
stipulations on 1. Mere stipulation on venue is not enough to preclude parties from bringing a case in other venues.
venue a. Parties must show that such stipulation is exclusive.
b. In the absence of qualifying or restrictive words, stipulation should be deemed only as an agreement on an additional forum, not as limiting venue to the
specified place.
2. If venue stipulation is not restrictive, it provides only for another permissible venue. The venue stipulation is not per se invalidated.
a. Examples of restrictive words:
i. Only
ii. Solely
iii. Exclusively in this court
iv. In no other court save
v. Particularly
vi. Nowhere else but/except
3. Generally, these apply to personal actions. However, there can be a valid venue stipluationf or eral actions as well.
4. If the case only assails the provisions of the agreement, venue stipulation stated is valid and must be followed.
5. If it is the very validity of the agreement that is assailed, venue stipulation is no longer controlling.
6. Exclusive venue stipulation in a Real Estate Mortgage does not apply to extrajudicial foreclosure proceedings.
a. With respect to venue of extrajudicial foreclosure sales, ACT 3135 applies. It being a special law for extrajudicial foreclosure sale sof real estate
mortgage, Rules of Court on Venue of Actions do not apply.
There was a PN with exclusive venue stipulation and a Surety Agreement which YES. In enforcing the surety contract, Complementary-Contracts-Construed-Together
did not contain the venue stipulation. If the case is filed enforcing the Surety Doctrine finds its application. According to this principle, an accessory contract must
Agreement, will the venue stipulation govern? be read in its entirety and together with principal agreement. Certain stipulations
cannot be segregated and made to control
PAGLAUM is the registered owner of 3 parcels of land in Cebu. In 1994, Union NO. “Waiving any other venue” means that parties have agreed that venue shall be
Bank extended a credit line amounting to 10M.To secure the obligation, Makati.
PAGLAUM executed 3 Real Estate Mortgages. The deed provides, “venue shall
be in Makati, the parties waiving any other venue”. May PAGLAUM filed an
action for annulment of mortgages at RTC Cebu?
E. Rules on Pleadings
Complaint Sec 3 Complaint:
Rule 6 1. It is a pleading alleging the plaintiff’s cause of action.
2. Names and residence of plaintiff and defendant must be stated in the complaint
Personal notes:
1. Pleadings cannot be oral because they are described as written statements.
2. Motions are not pleadings, strictly speaking.
a. Sec 1, Rule 15: a motion is an application for relief other than by a pleading.
3. An MD is not a pleading.
a. However, there are motions that actually seek judgment:
i. Motion for judgment on the pleadings
ii. Motion for summary judgment
4. Rule 6 is applicable in SCA and SP. Although not all are available in SP. Some of them are prohibited expressly.
a. Some SCA where Rule 6 is not applicable to parties:
i. Rule 67 (Expropriation), counter-claim, cross-claim and 3rd party claim are expressly prohibited.
ii. Declaratory relief, 3rd party complaint not allowed because no material relief sought.
Answer Sec 4 Answer is a pleading in which a defending party sets forth his defenses.
Rule 6 Negative defenses It is a specific denial of material fact essential to his cause of action
Affirmative defenses It is an allegation of a new matter which would have prevented or bar recovery by him while hypothetically admitting to the
material allegations in the pleading.
These include:
1. Fraud
2. Statute of Limitations
3. Release
4. Payment
5. Illegality
6. Statute of Frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy
10. Any other matter by way of confession and avoidance
Negative pregnant 1. It is a form of negative express that carries with it an affirmation or at least an implication of some kind favorable to the
adverse party.
2. It is a denial pregnant with admission of substantial facts alleged.
3. If a fact is alleged with qualifying or modifying language and words are so qualified or modified that these are denied in a
literal sense. The qualifying circumstances are denied while the fact itself is admitted.
Notes:
1) Negative Pregnant is a denial pregnant with the admission of substantial facts.
2) This presupposes that there is an allegation of fact that is qualified.
a. GR: Each allegation of fact must be specifically denied.
b. If the allegation is qualified, both the allegation and qualification must be specifically denied.
c. If an allegation contains more than one thought, conveys more than one idea or fact, allegation must be
dissected and divided into separate allegations of facts, and each allegation of fact must be specifically denied.
Examples of Negative Pregnant:

1. “I had never borrowed money from plaintiff from 2011 to 2013”, may imply that pleader had borrowed money at some
other time and was only denying that he did so during the years mentioned.
2. Plaintiff extended a loan to defendant in amount of 500,000 on July 27 in Baguio City. Defendant answered that he
specifically denies that “plaintiff extended a loan to defendant in amount of 500,000 on July 27 in Baguio City”.
3. Plaintiff alleged that defendant evicted the lawful occupants by intimidating them with an assault rifle. Defendant
answered, “defendant vigoriously denies that he used or brandished an assault rifle against plaintiffs”. The answer could be
an admission of having intimidated the plaintiffs but not through the use of an assault rifle.
Answer Ex Abundante Ad Answer being filed “out of abundant caution”.
Cautela It has the same effect as a filing of answer as long as it sets forth the party’s defenses to the claim asserted against it in the complaint.
Its filing does not make it less of an answer.
Counterclaims Sec 7, Compulsory Compulsory counterclaim Permissive counterclaim

Rule 6 counterclaims Definition It is one which arises out of or is connected with the transaction or occurrence It is one which is not a compulsory
Permissive constituting the subject matter of the opposing party’s claim. counterclaim.
counterclaims Requirements 1. It arises out or is necessarily connected with the subject matter of  It does not need to be connected or
the opposing party’s claim. arise out of the subject matter of
2. It is existing at the time of filing of Answer. the opposing party.
3. It does not require the presence of 3rd parties for its adjudication.  It requires presence of adjudication
4. It must be within the jurisdiction of the court both as to amount of 3rd parties for its adjudication.
and nature.
a. : If the original action is before RTC, the counterclaim It is essentially an independent claim that may
may be compulsory regardless of amount. be filed separately in another case.
Preclusion if not GR: If it is not set up, it is deemed barred. It is not barred even if not set up. It may be
raised 1. If a party files an MD instead of settling up a compulsory filed separately in another case.
counterclaim, he is already barred from prosecuting it.
EXCEPTIONS:
1. Claim is not barred if the claim did not exist or mature at the time
of filing of answer, even if it was necessarily connected with claim.
2. If the pleader fails to set up a counterclaim through oversight,
inadvertence, excusable negligence or when justice requires as long
as he files a leave of court. He may set up the counterclaim by
amendment of pleadings before judgment.
In the case of BDO vs. CA (2005), SC held that BDO’s claim for deficiency of
debtor’s obligations after foreclosure of debtor’s property could not have been
raised when the bank filed its answer without compulsory counterclaim to
debtor’s complaint. At that time, cause of action for deficiency amount had
not yet arisen. It arose only after foreclosure of properties, and after debtor
has refused and failed to settle the deficiency amount.
Payment of Suspended There must be payment.

filing fees Docket fee is not necessary. While compulsory counterclaim are subject to Docket fee is necessary before the court could
filing fees, payment has been suspended by SC. acquire jurisdiction.
Need for answer Need not be answered Must be answered, otherwise defendant will
be declared in default.
Prohibition Allowed Not allowed
under Rule of SP
Requirement of No need. Need.
certificate
against forum
shopping
Kind of pleading Not an initiatory pleading Initiatory.
Tests in determining whether a counterclaim is compulsory:

1. Are the same issues of fact or law raised by the claim and counterclaim?
2. Would res judicata bar a subsequent suit on defendant’s claim absent the compulsory counterclaim rule?
3. Will substantially the same evidence support or refute plaintiff’s claim as well as the defendant’s counterclaim?
4. Is there any logical relation between the claim and counterclaim?
Jurisdiction of compulsory counterclaims

Counterclaim filed before MTC Original action filed RTC
It must be within the jurisdiction of MTC both as to amount and nature. Counterclaim may be considered
Beyond the jurisdiction of inferior court, counterclaim ceases to be compulsory but becomes permissive, compulsory regardless of amount.
plaintiff can file a MD to dismiss it for lack of jurisdiction.
Notes:
1. A compulsory counterclaim is compulsory because there is an element of compulsion to set it up. Otherwise, it shall be barred.
2. SC stated that If a defendant has a compulsory counterclaim, he should not file an MD but an Answer with counterclaim, with ground of
MD being asserted as an affirmative defense.
3. “Transaction or occurrence” includes facts out of which a cause of action may arise.
4. Filing of MD is an implied waiver of compulsory counterclaim. Thus, grant of motion against complaint results in dismissal of the
counterclaim.
5. In filing a compulsory counterclaim, resort to Totality Rule. If it is filed with MTC, both compulsory counterclaim and original action must be
within jurisdictional amount.
A mortgaged his land and building to GSIS to secure a loan he obtained. Counterclaim of GSIS is permissive. According to the Evidence Test, there
He defaulted. GSIS acquired the land after foreclosure sale. must be same evidence that will support or refuse the plaintiff’s claim
Subsequently, it awarded the land to CMTC after public bidding in and the defendant’s counterclaim. If it does not entail same evidence, it
which A also participated. is a permissive counterclaim.
A filed a suit against GSIS and CMTC for nullification of the bid award The evidence needed by A to cause the annulment of the award and sale
and for declaration of his own bid as the winning one. to CMTC is different from what GSIS needed to establish its claim for
GSIS field an Answer with counterclaim for recovery of rentals from recovery of rentals.
realty which A had been collection from CMTC despite the
consolidation of title by GSIS. A favorable judgment of GSIS’s counterclaim to recover rentals would not
defeat A’s complaint to nullify the bid award.
GSIS did not pay any filing fee.
Since it is a permissive counterclaim, claimant must pay the prescribed
fees.
A sues B for recovery of tract of land. B seeks to be reimbursed of value NO. It is a compulsory counterclaim. Reimbursement of value of
of improvements she introduced it int. Should B file a separate action improvements introduced on the same land and payment of damages
against A? arises out or is connected to the suit for recovery of land
Effect on Defendant invokes the grounds as an Compulsory or permissive counterclaim is not dismissed. Dismissal shall not prejudice the
counterclaim affirmative defense rather than raising an prosecution of the counterclaim in the same or separate action.
when MD
complaint is Defendant files an MD and it was granted. Dismissal is limited only to the complaint. It is also without prejudice to the right of defendant to
dismissed prosecute his counterclaim in a separate action, unless he manifests his preference to have his
counterclaim in the same action 15 days from the notice of MD.
Complaint dismissed due to plaintiff’s fault Dismissal is without prejudice to right of defendant to prosecute his counterclaim.
GR: Compulsory counterclaim is also dismissed.

: If dismissal of complaint was due to plaintiff’s fault, it will not dismiss the counterclaim, compulsory or otherwise. In fact, dismissal of complaint is
without prejudice to right of defendants to prosecute the counterclaim.
Sec 6, Rule 16 also provides, “dismissal of complaint shall be without prejudice to prosecution of same action or separate action of counterclaim”. This
provision does not distinguish whether counterclaim is compulsory or permissive.
Cross-claim Sec 8, Cross-claim
Rule 6 1. It is any claim by one party against a co-party
2. It arises out of the transaction or occurrence either of the original action or of a counterclaim
3. This may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of claim asserted in the action against
the cross-claimant
Note:
1. Limitations of cross-claim:
a. It must arise out of the subject matter of complaint.
b. It can only be filed against a co-party
c. It is properly only when a cross-claimant stands to be prejudiced by the filing of the action against him.
2. It is an initiatory pleading.
3. If it is not set up, it is barred.
a. EXCEPTIONS:
i. Outside jurisdiction of court
ii. If court cannot acquire jurisdiction over third persons whose presence is necessary for adjudication of the cross-claim. In this case, it is
considered a permissive counterclaim.
iii. If through oversight, inadvertence or excusable negligence, it is not asserted. It may still be set up with leave of court or by amendment of
pleadings.
iv. Cross-claim may mature or acquired after service of answer. It may be presented by supplemental pleaings before judgment, with leave of
court.
4. It cannot be set up in appeal
5. If complaint is dismissed:
a. If cross-claim is purely defensive, it will be dismissed.
b. If it seeks affirmative relief, it shall not be dismissed.
6. A cross-claim failed before MTC is not subject to docket fee. But one filed with RTC is.
7. Cross-claim cannot hold cross-defendant directly liable to plaintiff. Unlike third party complaint, a cross-claim cannot pray that cross-defendant be held directly
liable to plaintiff.
Third (fourth etc) Sec 11, Third party complaint:
party complaint Rule 6 1. It is a claim by the defending party.
2. He files it with leave of court.
3. He files it against a person who is not a party to the action.
4. He files it for contribution, indemnity, subrogation or any other relief in respect to his opponent’s claim.
Cross-claim Counterclaim Third party claim

Against whom Against co-party Against opposing party Against a non-party
filed
Basis Transaction or occurrence of the subject matter It may or may not arise of the subject matter. It may arises from transaction or
of the original complaint or cross-claim occurrence in that the party seeks to
recover from another person relief with
respect to opposing party’s claim.
Jurisdiction Amount will not affect jurisdiction of court. Amount may affect jurisdiction of court. It will not affect jurisdiction of court.
Tests in determining propriety of a third-party complaint:

1. Whether third party claim arises from same transaction or although arising out of different transaction, is connected with plaintiff’s claim.
2. Whether third party defendant would be liable to plaintiff or to defendant for all or part of plaintiff’s claim against the original defendant, although the third party
defendant’s liability arises out of another transaction, or to both plaintiff and defendant.
3. Whether third party defendant may assert any defenses which the third-party plaintiff has or may have to plaintiff’s claim.
Notes:
1. To determine the propriety of third party complaint, ask if it is proper for the third party plaintiff to bring his complaint even without the main complaint being
filed against him. If yes, third party complaint is not proper.
2. Unlike compulsory counterclaim and cross-claim, filing of third party complaint is not compulsory. Hence, it is not barred by res judicata or waiver.
3. Under this Rule, a person not a party to an action may be impleaded by the defendant either:
a. On an allegation of liability to the defendant
b. Direct liability to the plaintiff
c. Both A and B
i. Situation in A is covered by the phrase “for contribution, indemnity or subrogation”.
ii. B and C are subsumed under the catch all “or any other relief in respect of opponent’s claim”.
4. Where trial court has jurisdiction over main case, it also has jurisdiction over third party complaint regardless of amount involved as third party complaint is
auxiliary and is a continuation of the main case.
5. Third party complaint is independent and distinct from main complaint.
a. Hence, judgment on third party complaint may become final and executory without waiting for final determination of the main case.
6. In a case where plaintiff sued defendant for payment of rentals for various equipment, defendant sought to implead a third party in whose project the
equipment was used. SC held that these are separate transactions. Hence, no third party complaint.
7. A defendant in a contract action may join as third party defendants those who may be liable to him in tort for the plaintiffs claim against him, or even directly to
plaintiff.
X’s car collides with P’s car destroying the latter’s car. P sues the insurer to YES. Third party defendant may raise defenses which third party plaintiff may
recover damages on his car insurance police. Insurer files a 3 rd party complaint have against the original plaintiff.
against X. May X raise the defense that P’s car was, at the time of collision, being Sec 13, Rule 6: A third party defendant may allege in his answer his defenses,
driven by P’s friend who did not have a license, thus violating the authorized- counterclaims, cross-claims, including defenses that third party plaintiff may have
driver clause and barring P from recovery from the authorized-driver clause of car against the original plaintiff’s claim.
police?
The violation of authorized-driver clause is a defense that insurer may have against
claim of insured P, yet this may only be invoked by X in order to defeat or negate
the insurer’s claim.
P filed a collection case against D who acted as a surety in a loan extended by P to YES. Ordinarily, a third-party defendant may not file a counterclaim against the
X. D, in turn, filed a third-party complaint against X for indemnification. original plaintiff, since the original plaintiff is not his opposing party. However, in
proper cases according to Sec 13, third party defendant may assert a counterclaim
It turned out that X already paid his loan to P even before P had brought his suit. against the original plaintiff in respect of the original plaintiff’s claim against third
May X filed a counterclaim against P for moral and exemplary damages for party plaintiff. Here, X’s counterclaim is connected to the loan transaction subject of
bringing a malicious and unfounded suit, and causes X to be dragged into court? suit filed by P against D.
8. If the complaint is dismissed not because of lack of cause of action but because of a compromise agreement between plaintiff and defendant (third party
plaintiff), third party complaint will survive the termination of the main action because it involves a finding of liability on party of the defendant.
Third party complaint Third party claim

Nature Pleading Affidavit or paper
Who files Party to a case Stranger to a case
Purpose To bring a stranger in as a party to the case To notify the sheriff of his right or claim over attached, levied or seized property
Complaint-in- Sec 12, Bringing new parties:

intervention Rule 6 1. Presence of parties other than those to the original action is required.
2. This is for granting complete relief in determination of counterclaim or cross-claim
3. Court shall order them to be brought in as defendants if it can obtain jurisdiction over them.
Notes: Law authorized defendant to bring in a stranger by filing a permissive or compulsory counterclaim.
Reply Sec 10, Reply:
Rule 6 1) Function is to:
a. Deny or address new matters alleged by way of defense
b. If no reply is filed, all new matters alleged in the answer are deemed controverted.
2) These are alleged by way of defense in the Answer and thereby joined
Notes:
1) Reply is mandatory when the Answer is founded on an actionable document.
a. Although Rules do not require plaintiff expressly, plaintiff is still mandated to file a Reply because of the Principle that the actionable document must be
specifically denied under oath.
b. The only means to make a specific denial under oath is to file a pleading.
2) An actionable document is a document relief upon for his action or defense.
Pleadings Small Claims Summary Procedure
allowed under Pleadings allowed 1) Statement of Claim 1. Complaint
2016 Revised 2) Response 2. Compulsory counterclaim
Rules of 3) Compulsory Counterclaims 3. Cross-claim
Procedure for 4) Permissive Counterclaims 4. Answers
Small Claims and Prohibited 1) MD
1991 SP pleadings 2) MBP
3) MNT/MR/Reopening
4) PR
5) Motion for extension of time
6) Memoranda
7) Petition for CPM
8) Motion to declare in default
9) Dilatory motions for postponement
10) Reply
11) Third-party complaints
12) Interventions
Parties of Rule 7 Caption 1) Name of court

pleading 2) Title of action
a. Names of parties
b. They shall all be named in the original complaint or petition.
c. But in subsequent pleadings, it shall be sufficient if name of first party on each side be stated with appropriate indication.
3) Docket number if assigned
Signature 1) Each pleading must be signed by party or counsel representing him, stating in either case his address which should not be post office box.
and address 2) An unsigned pleading produces no legal effect. However, the court may allow it to be remedied if it appears that it was due to mere
inadvertence and not intended for delay.
Notes:
1) Failure to disclose MCLE information pursuant to SC Resolution 2015 would no longer cause dismissal of the case and expunction of pleadings
from records. Lawyer will just be discharged from case and client shall be allowed to get a new counsel.
2) The court may adjudge a defendant liable for 1M where specific amount prayed for is only 800,000, and there is no general prayer for further
or other relief. As long as evidence so warrants and defendant fails to object to the introduction of evidence on additional 200,00. In such a case,
plaintiff shall pay additional filing fee on the 200,000 which shall constitute a lien on the judgment award.
a. If defendant objects to the evidence, court may still admit it if presentation of merits of action and ends of substantial justice will be
subserved by. Complaint should be ordered amended.
b. Judgment against party in default cannot exceed the amount nor be different in kind than that prayed for.
3) Court, in its final judgment, may award a claim not alleged, or a relief different from claimed. Docket fees shall be a lien on the award.
4) Every pleading must be signed by the party or counsel representative him, stating in eiterh cae his address should not be a post office box.
a. Court, in its discretion may allow the defect of an unsigned pleading to be remedied if the failure was inadvertent and not intended to
delay.
5) Pleadings do not need to be signed under oath, verified o r accompanied by affidavit, except otherwise specifically required by law or rule.
Verification Verification Certificate of non-forum shopping
and Codal provision 1. A pleading is verified by an It is a certification under oath by plaintiff or principal party in the complaint or other
certification affidavit that: initiatory pleading asserting a claim:
against a. Affiant has read the 1. He has not commenced any action or filed any claim involve the same issues
forum pleading in any court, tribunal or quasi-judicial agency, and no such other action or
shopping b. Allegations therein claim is pending, to the best of his knowledge.
are true and correct 2. If there is another pending action or claim, a complete statement of present
of his knowledge status of it
and belief. 3. If he learns that the same or similar action or claim has been filed or is
2. If based on “information and pending, he shall report it within 5 days to the court where his complaint or
belief”, or “upon knowledge, initiatory pleading is filed.
information and belief”, or
lacks proper verification, it is
treated as an unsigned
pleading.
Subject It refers to the allegations in the It has nothing to do with allegations of the pleading.
pleading. 1. Forum shopping is the act of a party:
a. Who seeks a favorable opinion (other than by appeal or certiorari)
in another court after an averse opinion in one forum
b. Who institutes two or more actions or proceedings grounded in the
same cause, on the gamble that one or the other court would make
a favorable disposition.
2. Test for determining if party violates the rule against forum shopping:
a. If final judgment of one case will amount to res judicata in the
action under consideration
b. Where elements of litis pendentia are present.
Signature 1. A verification may be made by GR; It must be signed by all plaintiffs. Those who did not sign will be dropped as parties.
the party, his lawyer or EXCEPTIONS:
representative, or any person 1. If plaintiffs share a common interest and invoke a common cause of action,
who personally knows the signature of one is enough.
truth of facts alleged in the a. If petitions are husband and wife and only one of them signed the
pleading. pleading, one signature is substantial compliance with Rule on
2. Counsel can verify his client’s Certificate of Forum Shopping.
pleading, if facts in the 2. If unable to sign, he must execute an SPA.
pleading are true and correct of
his personal knowledge or Unlike verification, counsel cannot sign the certificate generally. It has to be signed by
based on authentic records (Sec the party himself because he is in the best position to state the matters in it.
4, Rule 7). : However, if the party is a juridical person, a lawyer could sign provided that he is
3. Signature of one instead of all specially authorized by a board resolution.
parties would be sufficient if he
had sufficient knowledge and
belief to sign it.
Non-compliance Non-compliance does not necessarily Failure to comply 1. Unlike verification, non-compliance is a defect
or failure to render the pleading fatally defective. with requirements not curably by subsequent submission or
comply Court may order submission or Sec 5 Rule 7 (no correction, unless there is a need to relax the
correction, if strict compliance with certification Rule on ground of substantial compliance or
Rule may be dispensed with to meet attached to presence of special circumstnaces or compelling
the ends of justice. initiatory pleading) reasons.
2. Dismissal without prejudice, unless otherwise
If no verification is made by the provided upon motion and after hearing
client, it is a substantial defect. 3. If complaint is dismissed, plaintiff has two
However, SC keeps on ignoring Rules options:
on Verification because it is only a a. He may refile the complaint and annex
formal requirement. the certification since dismissal is
without prejudice
b. He may file an SCA for certiorari in
order to set aside the dismissal order if
he feels there was grave abuse of
discretion
c. Appeal is not available because appeals
do not apply to orders dismissing an
action without prejudice.
Submission of false Indirect contempt of court.
certification and
non-compliance It is not a ground for summary dismissal without prejudice.
with undertakings There must be a motion and hearing, even if it might
constitute contempt of court.
Willful and Dismissal with prejudice + direct content
deliberate forum
shopping
Submission of false certification vs. Willful and deliberate forum shopping
Submission of false certification Willful and deliberate forum shopping
Both are grounds for dismissal
Dismissal shall be upon motion and Dismissal can be done motu proprio
only after hearing and summarily
Without prejudice With prejudice
Indirect contempt Direct contempt
Violation on certification vs. Willful forum shopping

Violation on certification Willful and deliberate forum shopping
Both are grounds for dismissal
Dismissal shall be upon motion and Dismissal can be done motu proprio
only after hearing and summarily
Without prejudice, unless otherwise With prejudice
provided
Indirect contempt Direct contempt
It shall not be cured by mere amendment of the main complaint.
Notes on pleadings:
1. GR: Pleadings do not need to be under oath, verified or accompanied by an affidavit. It is not a jurisdictional requirement.
2. Pleadings that do not need to be verified:
a. Certificate against forum shopping
b. Complaints or initiatory pleadings
c. Statement of claim for Small Claims
3. Papers or pleadings required to be verified:
a. PR under Rule 38
b. PR from RTC to CA under Rule 42
c. Appeal from quasi-judicial bodies to CA under Rule 43
d. PR on Certiorari under Rule 45
e. Petition for annulment of judgment of RTC under Rule 47
f. Complaint with application for preliminary injunction or TRO under Rule 58
g. Complaint with application for appointment of receiver under Rule 59
h. Complaint with application for support pendent lite under Rule 61
i. PR of COA and COMELEC under Rule 64
j. Petition for CPM under Rule 65
k. Petition for Quo Warranto under Rule 66
l. Complaint for Expropriation under Rule 67
m. Complaint for Forcible Entry and Unlawful Detainer under RULE 70
n. Complaint, compulsory counterclaim, cross-claim, and answers under Rule on SP
o. Petition for appointment of general guardian under Rule 93
p. Petition for leave to sell or encumber property of estate by guardian under Rule 95
q. Petition for declaration of competency of ward under Rule 97
r. Petition for habeas corpus under Rule 102
s. Petition for writ of Amparo and writ of Habeas Data
t. Petition for cancellation or correction of entries in civil registry under Rule 108
u. Petition to take deposition in perpetuam rei memoriam under Rule 24
v. Petitions governed by summary judicial proceedings under FC.
w. Suit between members of same family
x. Petition for declaration of nullity or annulment of marriage or for legal separation.
4. Even if verification and certification lacked notarial seal (although notary public’s signature and stamp are present), there was proper
submission. Except for the notarial seal, all requirements for verification and certification were complied with. Hence, there was substantial
compliance.
a. If the notarial certificate does not state that parties presented competent evidence of their identities, or that they were personally
known to the notary public, petition should be dismissed. Verification and CFS are fatally defective because jurat refers to an act in
which an individual appears before notary public and is personally known or identified.
Notes on certificate against forum shopping

1. Ways by which forum shopping may be committed:
a. Filing multiple cases base don same cause of action and with same prayer while the previous case has not yet been resolved (ground
for dismissal is litis pendencia).
b. Filing multiple cases based on same cause of action and same prayer, previous case has been resolved (ground is res judicata)
c. Filing multiple cases based on same cause of action but with different prayers (splitting causes of action, ground is also either litis
pendencia or res judicata)
2. Pleadings that need certificate of non-forum shopping:
a. Original complaint
b. Permissive complaint
c. Cross-claim
d. 3rd party complaint
e. Complaint-in-intervention
f. Any other petition wherein party asserts his claim for relief.
i. A certificate is required only for complaints and initiatory pleadings. A money claim against estate is not an initiatory
pleading because probate proceedings have already been initiated upon filing of a petition for allowance of decedent’s
will. Thus, it is only incidental to the probate proceeding,
ii. A writ of possession is not an initiatory pleading but a form of an ex parte motion. Certitifcation is not required.
3. It is not required in Appeal.
4. It does not apply to Petition for Writ of Possession.
5. If main complaint is dismissed without prejudice, there is no need for a certificate of non-forum shopping in the subsequently re-filed complaint.
6. (Bar Question) A compulsory counterclaim does not need to have a certificate against forum shipping because it is not an initiatory pleading,
but merely auxiliary to the main proceeding. Assess if the counterclaim is compulsory or permissive. It is compulsory if it arises out of the
transaction or occurrence which is the subject matter of the opposing party’s complaint.
Requirements of corporation executing verification/certification of non-forum shopping

A. If the party is a corporation, certification should be signed by its duly authorized officer under Sec 23 in relation to Sec 25, Corporation Code.
B. It should be accompanied by a Secretary’s Certificate or Board Resolution showing authority of the officer to sign the certification.
C. GR: Failure to attach the proof of authority shall merit the dismissal of complaint or petition.
a. EXCEPTIONS:
i. When merits of petition justify the relaxation of the rule.
ii. When it is signed by an officer who is in the position to verify the truthfulness and correctness of the allegations in the
petition such as the Chairman of the Board, President, GM and Personnel Officer.
Notes on requirements of corporation:

1. GR: Counsel cannot sign the certificate of forum shopping. It should be the party himself. However, if the party is a juridical person, a lawyer
could sign provided that he is specially authorized by a board resolution.
2. GR: If a corporate officer verifies, he must be clothed with authority from corporation.
b. : Corporate officers or employees who may sign the verification and certification against forum shopping without need of a board
resolution:
i. Chairperson of board of directors
ii. President
iii. GM or acting GM
iv. Personnel officer
v. Employment specialist in a labor case
1. The rationale for this list is that these officers are in a position to verify the truth and correctness of alelgations
in the complaint or petition.
3. An Assistant VP, as a corporate officer, has implied or apparent authority to sign the verification and certificate.
a. Express authorization is not an indispensable requirement.
4. A resident agent is not authorized to execute the certification.
5. Failure to attach Secretary’s Certificate, attesting to authority to sign the Verification and Certification is not fatal to filing of petition. There is
substantial compliance if there is subsequent submission of board resolution. If no substantial compliance, case will be dismissed
GR: Party pleader, not his counsel. GR: Only individuals vested with board resolution GR: All plaintiffs, if multiple
EXCEPTIONS: EXCEPTIONS: EXCEPTIONS:
1. If unable to sign, counsel with 1. General manager 1. Rule of Substantial Compliance
SPA. 2. Employment specialist 2. Common interest and invoking
2. If plaintiff is juridical entity, 3. Personnel officer common action or defense
properly authorized person. 4. Chairperson of board 3. Immediate relatives
5. President
Effect of Signature of counsel constitutes a certificate by him that:
signature of 1) He has read the pleading
counsel in 2) To the best of his knowledge, information and belief, there is good ground to support it
pleading 3) It is not interposed for delay
Counsel will be subject to disciplinary action if he deliberately:

1. Files an unsigned pleading
2. Signs a pleading in violation of this Rule
3. Alleges scandalous or indecent matter
4. Fails promptly report to court a change of his address.
Notes:
1. Counsel’s authority to sign a pleading is personal to him, and may be delegated only to another lawyer (but not to a non-lawyer) under Rule
9.01 Code of Professional Responsibility.
2. Effect of pleading signed by a non-lawyer:
a. It is an unsigned pleading which produces no legal effect.
b. Such pleading can be stricken out pursuant to Sec 12, Rule 8.
Allegations in Manner of Conditions precedent In any pleading, a general averment of performance or occurrence of all conditions precedent is enough.
pleading making Fraud, mistake, malice, In all averments of fraud or mistake, circumstances constituting fraud or mistake must be particularly stated.
allegations intent, knowledge, and Malice, intent, knowledge or other conditions of the mind may be averred generally.
other conditions of mind
Judgments In a pleading a judgment or decision of domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or
officer, it is enough to aver the judgment or decision without showing the jurisdiction to render it.
Official documents or acts In a pleading an official document or official act, it is enough to aver that the document was issued or act done in
compliance with law.
Notes:
1. Pleadings must only state ultimate facts. Imagine ultimate facts as elements of offense in CrimPro.
a. Ultimate facts:
i. Names of parties
ii. Residences
iii. Right of plaintiff
iv. Violation of defendant
v. Allegation that conditions precedent are complied with
b. If ultimate facts do not state these, dismissal on grounds of Failure to State Cause of Action.
2. Instances where complaint does not need to state only ultimate facts:
a. Summary Proceedings (include evidentiary facts)
b. Kalikasan Proceedings (all evidence in possession of plaintiff)
3. Facts that may be generally averred in a pleading:
a. Performance of conditions precedent
b. Malice intent, knowledge or other condition of mind
c. Judgments or decisions of domestic or foreign court, judicial or quasi-judicial tribunal without setting forth matter showing
jurisdiction to render it.
d. Official document or act as done in compliance with law
4. Facts that must be averred with particularity:
a. Fraud, mistake or circumstances surrounding fraud or mistake
b. Facts showing the capacity of a party to sue or be sued:
i. His authority to sue and be sued in a representative capacity
ii. Legal existence of an organized association of persons
iii. A party which desire to question the legal existence of any party or capacity to sue or be sued in a representative
capacity must raise it as a specific denial and include supporting particulars within the pleader’s own knowledge.
5. Evidentiary facts should be omitted. However, if a defense is based on law, pertinent provisions and their applicability to the party must be
clearly and concisely stated.
6. If causes of action or defense are alternative, and one of the alternatives is insufficient, the pleading would not be rendered insufficient as
long as the other is sufficient if it is made independently.
7. Causes of action or defenses may be inconsistent with each other as long as each be consistent in itself.
Pleading an Action or defense based Whenever an action or defense is based upon a written instrument or document:
actionable on document 1. Substance of such shall be written/set forth in the pleading + Original or copy shall be attached as an
document exhibit, which shall be deemed party of the pleading
2. A copy may be written/set forth in the pleading.
Failure to attach the Ground for dismissal for Failure to State Cause or action, or answer will have no leg to stand on.
actionable document
How to contest When an action or defense is founded upon a written instrument, copied in or attached, genuineness and due
execution of the instrument shall be deemed admitted, unless the adverse party specifically denies under oath and
sets forth what he claims to be facts.
The requirement of oath does not apply when:

1. Adverse party does not appear to be a party to the instrument
2. When compliance with an order for inspect of the original instrument is refused
Notes on actionable document:

Attachment 1. Actionable document may be attached in two ways:
a. Attachment—substance shall be set forth in the pleading + original/copy shall be attached as an exhibit
(Annex)
b. Copying in—copy in its entirely is set forth
2. If there is a difference in the substance of the actionable document set in the pleading and the document annexed
to it, contents of the document annexed are controlling. It is not a ground for dismissal of the complaint.
Effect of When an action or defense is founded upon a written instrument, copied in or attached, genuineness and due execution of
attachment the instrument shall be deemed admitted.
Admissions The party whose signature it bears (the opposing party most probably):
considered if not A. He signed it or it was signed for him with his authority
opposed by the B. At the time it was signed, it was in words and figures exactly as set out in the pleading of the party relying upon it
opposing party C. Document was delivered; he has waived any formal requisites required by law (such as seal, acknowledgement or
revenue stamp)
Effect of It is considered a judicial admission. There is no need to offer the document in evidence.
admission Admission will be conclusive upon the opposing party.
EXCEPTIONS:
1. If in the actionable document, it does not appear that opposing/contesting party is a party
2. If the one invoking the actionable document refuses to obey an order for production of original document
Defenses that Defenses he can no longer use Defenses he can still use despite the
opposing party document
can invoke or not A. Forgery 1. Fraud
invoke if B. Unauthorized signature 2. Estoppel
actionable C. Corporation was not authorized under its charter to sign 3. Want of consideration
document is the document 4. Illegality of consideration
deemed admitted D. Party signed the instrument in another capacity that that 5. Mistake
alleged in the pleading setting the actionable document out 6. Payment
E. Non-delivery 7. Minority
F. Words and figures in it are not the words and figures in the 8. Imbecility
pleading. 9. Duress
10. Statute of Limitations
11. Compromise
Implied/judicial If the party asserting the actionable document allows the adverse party to present contrary evidence to the contents of the
admission is document, without objection.
deemed waived
Contesting an It is done through:
actionable 1. Specific denial under oath
document 2. Setting forth what is claimed to be the facts
Notes:
1. The law requires that the specific denial must be under oath. This is a situation where a pleading (Answer or Reply) must
be verified. Otherwise, genuineness and due execution of the actionable document are deemed admitted.
2. If it is the defendant who raises an actionable document and it is the plaintiff who is bound to make a specific denial under
oath by way of Reply, he no longer has to have the Reply verified because his complaint is already verified. Plaintiff must
file a Reply if an actionable document is raised by defendant.
3. When is oath not required:
a. When adverse party does not appear to be a party to the instrument
b. Compliance with order for inspection of original instrument is refused.
Failure to make a 1. Genuineness and due execution of document will be deemed admitted.
specific denial a. Genuineness only refers to the fact that:
under oath i. Signatures were not falsified
ii. There was no substantial alteration to the document.
b. Due execution refers to whether the document was signed by one with authority.
2. Defendant is not precluded from presenting evidence to refute the facts stated in the documents.
Production of It may be dispensed with, in trial court’s discretion, whenever the opponent does not bona fide dispute the contents of the
original document document and no other useful purpose will be served by requiring production.
may be dispensed
with
Specific Specific absolute denial Partial specific denial Disavowal of knowledge

denials How to make a 1. Defendant must specify If he only wants to deny party of 2. He has no knowledge or
denial each material allegation of averment: information sufficient to form
fact that he does not 1. He must specify which is a belief as to the truth of the
admit. true and material material averment in the
2. Whenever practicable, he 2. Deny the remainder complaint.
must give substance of 3. He must state it.
matters (reasons) upon
which he relies to support
his denial.
Failure to make GR: Material averments in the complaint shall be deemed admitted when not specifically denied.
specific denials EXCEPTIONS (not deemed admitted even if not specifically denied):
1. Allegations as to amount of unliquidated damages
2. Allegations immaterial to the cause of action, which includes conclusions of fact and law, inferences etc.
3. Allegations where no answer has been filed by defendant
When specific A. Specific denials against actionable documents
denials require an B. Specific denials against allegations of usury in a complaint to recover usurious interest
oath
Note:
1. Disavowal of Knowledge is an effective denial when facts to which defendant claims to have no knowledge are:
a. Not within his knowledge or control
b. Not readily accessible to him
2. Allegations which could be specifically denied for lack of knowledge or information:
a. Plaintiff alleges that he has contracted to pay his lawyer’s fees. This is expected to be unknown by the defendant.
b. Allegations concerning the plaintiff’s claim for damages
3. General denials are allowed in Habeas Corpus cases.
4. If there are allegations concerning liquidated damages, there must be a specific denial.
Effect of failure Rule 9 Failure to plead defenses GR: Defenses and objections that are not timely raised in MD or Answer are deemed waived.
to plead and objections EXCEPTIONS:
1) Those not deemed waived even if not raised in MD or Answer. It appears instead in the pleadings or on evidence on record.
Non-waivable defenses in civil cases Non-waivable defenses in criminal cases
1. Lack of jurisdiction over subject matter A. Information does not constitute an offense
2. Litis pendencia B. Lack of jurisdiction
3. Res judicata C. Double jeopardy
4. Prescription D. Prescription
2) Those wherein court can motu proprio dismiss the action:

a. In addition to the four grounds above, court can also dismiss motu proprio if there is willful and deliberate violation of
rule on forum shopping.
Failure to plead a It shall be barred.
compulsory counterclaim
and cross-claim Notes:
1) Compulsory counterclaim and cross-claim should be set up in his Answer.
2) It cannot be set up in an MD, but in an Answer with a counterclaim, with grounds for MD asserted as affirmative defenses.
3) If the party fails to set up his counterclaim/cross-claim through oversight, inadvertence, or exclusive negligence, or when justice
requires, he may amendment the Answer before judgment, by leave of court and set up the counterclaim or cross claim.
4) An after-acquired counterclaim is only permissive even if it arises from or is connected with transaction or occurrence
constituting the subject-matter of the opposing party’s claim.
a. He must ask for leave of court.
b. Upon approval, these shall be presented by supplemental pleading before judgment.
5) If the compulsory counterclaim or cross-claim not set up was made subject of a separate action, defendant may file an MD or
Answer raising Litis Pendencia or Res Judicata.
a. Sec 47(b) Rule 39 states that final judgment is conclusive not only with respect to the matter directly adjudged but also
to any other matter that could have been raise din relation to it.
b. RIGUERA: more precise ground is Claim Has Been Waived or Otherwise Extinguished.
i. Res judicata will apply only if there is identity of causes of action. There is no identity of cause of action
between complaint and compulsory counterclaim.
ii. In Financial Building Corporation vs. Forbes Park Association, basis was Bar by Prior Judgment or Waiver.
Default Rule 9 When a declaration of 1) Fails to file an Answer within the time allowed
default is proper 2) Fails to file a Pre-Trial Brief (defendant)
3) Fails to appear at Pre-Trial (defendant)
4) Fails to comply with discovery (Rule 29)
Effect of an order of The court has two options:
default 1. Proceed to render judgment granting the claimant his relief as his pleading warrants.
2. Require the plaintiff to present evidence.
Relief from an order of Before notice of Order of Default File a Motion to Admit Answer giving a justifiable cause for the delay.
default If the answer has been filed belatedly but before defendant is declared in default, court should
admit the answer in order to resolve the case on the merits rather than on technicalities.
After Order of Default but before Verified Motion to Set Aside Order of Default on the ground that his failure was due to fraud,
judgment accident, mistake or excusable negligence + he has meritorious defense
After judgment before it becomes final MNT under RULE 37 on ground of FAME.
Appeal under Rule 41 after MNT is denied, within 15 days from receipt of order denying MNT.
After judgment becomes final PR under Rule 38
Petition for Certiorari under Rule 65 if defendant was wrongly declared in default
After period to file PR has lapsed Petition for Annulment of Judgment based on Extrinsic Fraud
Effect of partial default Several defendants Effect Example
Some answered Court can proceed to render judgment against the ABC are joint debtors, only A answers. BC can
Others failed to do so defaulting parties. be declared in default.
When complaint asserts a Court shall try the case against all upon the ABC are solidary debtors, only A answers. BC
common cause of action against answers filed and render judgment upon evidence cannot be declared in default. Case will be
all defendants presented. decided based on A’s answer and evidence.
Singleness of cause of action implies that

defendants are indispensable parties.
Extent of relief to be 1. It shall not exceed the amount prayed for.

awarded 2. It shall not be different in kind from that prayed for.
3. It shall not award unliquidated damages.
Default not allowed 1) Action for annulment or declaration of nullity of marriage
2) Legal Separation
3) Summary Procedure
4) SCA of CPM (comment instead of answer)
Notes on when declaration of default is proper:

1) Non-appearance of defendant and counsel at an ordinary hearing is not a ground for default.
2) Order of declaration of default can be made only upon motion. Court cannot motu proprio declare defendant in default.
a. : Under Rule of SP, court may motu proprio render judgment.
3) There must be notice of motion to the defending party, and proof of such failure.
4) A defendant may not be declared in default if there is an MD or MBP pending because filing of MD or bill of particulars interrupts the running of period to answer.
Notes on effect of order of default:

1. If the court requires the plaintiff to submit evidence, defaulting party may not take party in trial.
2. Defaulting party is entitled to notice of subsequent proceedings.
3. A party in default can testify in behalf of non-defaulted defendants. There is nothing in the RC that prohibits it.
Notes for failure to file an Answer in Reglementary Period:

1) General periods to file an Answer
10 days 15 days 30 days 60 days
1. Amended 1. Complaint Defendant A. Defendant’s identity or whereabouts are
complaint as a 2. Defendant foreign private juridical entity if foreign unknown and cannot be ascertained with diligent
matter of summons is served: corporation inquiry, but he is in the Philippines (Service by
discretion a. Resident agent with no Publication)
2. Counterclaim or b. Officers or agents in Philippines designated B. Does not reside and is not found in the
cross-claim 3. Amended complaint as a matter of right Philippine Philippines (Extraterritorial Service)
3. Supplemental 4. 3rd party claim representative C. Temporarily residing outside the Philippines
complaint 5. Complaint-in-intervention (Extraterritorial Service)
4. Reply
2) Other instances
Answer to amended If amendment was a matter of right (before filing of answer) If amendment was a matter of discretion (after initial answer)
complaint 15 days from service of amended complaint 10 days from notice of court admitting it, because responding party was
already served with copy of proposed amended complaint
Answer to 10 days from notice of order admitting it.
supplemental Answer to complaint shall serve as answer to supplemental complaint if no new or supplemental answer is filed. Answer to a supplemental
complaint complaint is not mandatory. Thus, there can be no declaration of default.
Answer to 10 days from service
counterclaim or This is relevant to a permissive counterclaim that has to be answered.
cross-claim
Answer to 3rd party Same rules as answer to a complaint (15,30 or 60 days)
complaint
Notes in comparison to Summary Procedure:

Ordinary procedure Summary procedure
Availability of default   (Motion to declare in default is prohibited pleading)
Failure to Answer provision Governed by Sec 3 Rule 9 Sec 6, Rule of Summary Procedure
Reglementary period to 15 days from service of summons 10 days
Answer
Action of plaintiff Motion to declare defendant in default Motion to render judgment
Motu pro prio action of Court cannot motu proprio declare defendant in default. Court will render judgment motu proprio based on allegations
court of complaint.
Submission of evidence The court has two options: Court cannot require plaintiff to submit evidence but should
1) Proceed to render judgment granting the claimant his relief just render judgment.
as his pleading warrants.
2) Require the plaintiff to present evidence.
F. Filing and service of pleadings, judgments
Payment of GR: Even if a complaint has been filed, court will not have jurisdiction if the docket fees have not been paid.
docket fees A case is considered filed upon the payment of docket fees, regardless of actual date of filing.
Notes:
Jurisdiction of 1. Docket fees are filing fees paid for the action to commence.
court 2. Courts acquire jurisdiction over a case only upon payment of prescribed docket fees.
Payment = date GR: A case is considered filed upon the payment of docket fees, regardless of actual date of filing.
of filing  (Manchester Ruling):
No payment of docket fee Court may allow payment within reasonable time.
Acquires jurisdiction but judgment awards a claim not Additional fee shall be a lien on the judgment.
specified in the pleadings or specified but left for
determination of court
Paid after making of complaint Date of payment shall be considered the date of filing.
Under-assessed fee 1. If docket fee has been paid but not purely for damages, case may
proceed except for claim of damages.
2. Reasonable time to pay
Court acquires jurisdiction over action as of time of full payment, unless
prescription has been set.
When to pay It should be paid at the commencement of suit.
Instances when docket fees do not need to be paid at the commencement of the suit:
1. Damages or claims arose after filing of complaint or initiatory pleading.
2. Court awards damages not prayed for in the complaint.
3. Indigent litigant
4. Failure of adverse party to time raise issue of nonpayment of docket fee
5. Civil action instituted with criminal action where moral, exemplary, nominal and temperate damages are not specified in the complaint or
information
6. Petition for Writ of Amparo
7. Indigent petitioner for a writ of habeas data
a. #1-#4, docket fees shall be a lien on judgment award
b. #5-#6, exempt
Amount 1. All complaints should specify the amount of damages paid, not only in the body but also in the prayer.
a. EXCEPTIONS:
i. Body or prayer is definite enough to allow the Clerk to compute the docket fees
ii. “More or less” determination is allowed. Party is allowed to make an initial payment corresponding to the amount of
claim subject to adjustment.
2. If plaintiff paid the docket fee but did not specify the amount of damages he was claiming, amendment to state the exact amount of
damages and determine correct docket fee is not proper. Action should be dismissed. Remedy is to re-file the compliant and pay again the
complete amount of docket fee.
3. If action involves real property and a related claim for damages, legal fees are based on:
a. Value of property
b. Total amount of damages
4. If action involves real property and related claim for damages, fees have been paid but amounts for related damages were unspecified,
court should not dismiss the case.
a. Court has already acquired jurisdiction over action involving real property.
b. Claims for unspecified damages may be expunged.
c. Court may allow reasonable time for amendment .
Defense of non- It is waivable especially if respondent participated already in trial. In this case, the deficiency shall be a lien on the judgment award.
payment of Non-payment of docket fees is not a ground for dismissal. Probate court can just order payment within reasonable time.
docket fees is
In comparison Civil cases Criminal cases
to criminal
cases Amount of any claim for damages arising on or before filing should be Claim of damages are impliedly instituted in criminal cases.
specified. Docket fees for moral, exemplary, temperate and nominal damages are
: Claims limited only to damages that arise after filing of complaint or required to be paid only if complaint or information filed with trial court
similar pleading since it will not be possible for claimant ot specify or alleges it.
speculate on the amount (after-acquired).
Action to compel the assignment of shares of stock It is an action for recovery of personal property rather than one incapable of pecuniary estimation. Docket
fees should have been assessed on the value of stocks sought to be assigned.
Action to enforce foreign judgment It is incapable of pecuniary estimation even if it involves claims against the estate. SEC 7 RULE 141 covers
only money claims against an estate not based on a judgment
Proceedings for settlement of estate where a contingent Trial court can act on the money claim even without payment of separate docket fee because the probate
money claim for commission in event of sale of properties court already has jurisdiction over the settlement of estate.
Motion to enter into records of attorney’s lien Not required. Motion to enter is only an initial step involving the registration of the lien.
Motion to enforce attorney’s lien Required. It is in the nature of an action for sum of money commenced by a lawyer against his clients
Supplemental complaint It shall be paid at the time of its filing and not as a first lien. Docket fees of an original complaint should
still stand
A filed an action for damages and specific performance. Admitting the amended complaint was not proper.
Amount of damages is not specified in the prayer although
the body alleges the total amount of 78M. All complaints, petitions, answers and other similar pleadings should specify the amount of damages both
in the body and in the prayer. These damages shall be considered in the assessment of filing fees in any
Docket fee was computed based only on the specific case.
performance. When the under-assessment was brought up,
an amended complaint was filed seeking a higher docket fee. If the pleading fails to comply with this requirement, it will not be admitted or it will be expunged from
The trial court admitted the amended complaint. record. A court acquires jurisdiction over any case only upon payment of prescribed docket fee. Thus,
the amendment will not vest jurisdiction or vest docket fees based on amounts sought in it.
Respondent asked that payment of additional docket (as Not proper. Additional docket fee cannot be a first lien on the judgment.
ordered by court) to be deducted from judgment in damages.
Initial payment of filing fees corresponding to the estimated amount of claim is subject to adjustment as
to what later may be proved. It cannot be a contingent fee depending on the result of the case because it
is intended to take care of court expenses, use of equipment, salaries and fringe benefits computed as to
man hours used in handling each case.
SC remanded the case to trial court with direction that case shall resume after payment of appropriate
docket fee or upon proper application as indigent
A complained filed for recovery of possession of real Court still has acquired jurisdiction over the real action and may not dismiss it for failure to specify the
property with moral and exemplary damages, amounts of amount of damages. What the court should do is merely to expunge the claim for damages.
which are left to the court’s discretion, and for actual
damages to be proven at trial. Docket fees involve real
property have been paid but not for the related damages
because the amounts are not specified.
Filing versus Filing of pleadings Service of pleadings

service of Definition When the pleading is presented or filed with the When a copy of the pleading is sent to the party.
pleadings Clerk of Court.
Receipt of service when there is a counsel:
1. If a party is represented by counsel, all notices, motions, pleadings, orders and judgments must be
served to the counsel.
a. : Counsel cannot be located.
i. Party must explain why it cannot be served. Otherwise, pleading may be
expunged.
1. : It concerns papers emanating from the court (no need for
explanation)
2. If more than one counsel, service of any of the counsels is sufficient.
3. If multiple parties but one counsel, only he shall be entitled to one copy.
4. If service is not made on the party himself, it is not proper service.
Notes on service to counsel:

1. A Request for Admission must be served on the party himself, not his counsel.
2. Reglementary period should be reckoned from service upon counsel. But it should start not from
formal notice to counsel but upon his actual notice.
Manner of Manner of filing: Modes of service:

filing; Personal filing Giving the original copies Personal 1. Giving a copy personally to the party or his counsel.
Mode of to the Clerk of Court service 2. Leaving it in his office with his Clerk or with a person having charge of it.
service Registered mail 1. Depositing the 3. Leaving the copy at the party’s or counsel’s residence if known, with a
pleading in the post person of sufficient age and discretion residing in it, between 8AM-6PM if:
office a. If no person is found in his office
2. Private carrier b. His office is not known
c. He has no office
Notes on manner of filing: Service by 1. Registered mail (depositing a copy in the post office) addressed to the party
1. There is no pleading by Ordinary Mail. It mail or his counsel at his office (if known) or his residence.
can only be filed personally or by 2. If no registry is available in the locality of either sender or addressee, by
registered mail. ordinary mail.
2. Pleadings can be filed and served by Substituted If personal service and service by mail are not possible because office and place
fax or email. Rules of Procedure on service of residence are unknown, delivery the copy to the Clerk with proof of failure of
Corporate Rehabilitation and Sec 6 both personal service and service by mail.
Interim Rules of Procedure governing The service is complete at the time of such delivery.
Intra-Corporate Controversies, sate that Service of Papers 1. Personal service
these are allowed if so authorized by judgments, from court 2. Registered mail
court. In these cases, date of final orders or 3. Ordinary mail, if registered mail is not available
transmission is the prima facie date of resolutions 4. Substituted service
service. Judgments, 1. Personal service
3. Service and filing by courier service is final orders 2. Registered mail
not a mode provided by the Rules. or 3. Publication, if the party summoned by publication has
resolutions failed to appear in the action (at the expense of the
prevailing party)
Notes on service:
Court may waive requirement of service. If pleading or document is voluminous, court may waive it,
provided:
 It was upon motion.
 Copy, together with attachments is filed with court and made available for examination and
reproduction by any party.
 Notice of such filing and availability is duly served on the parties.
Notes on service of judgments, final orders or resolutions:

1. Mere fact that party was informed of, gained access or was able to look at the decision is not
equivalent to service.
2. Final orders and judgments cannot be served through:
a. By substituted service because this is only available in Pleadings and Summons
b. By ordinary mail.
c. On person who is not a Clerk or in-charged in counsel’s office
3. It can be served even if there is no proper or adequate notice to the court of change of address.
This shall be made at the last address of their counsel-on record.
4. Ex-parte motions are required to be served even if they do not require hearing.
a. : Ex-parte motions for preliminary attachment, TRO, Replevin or Receivership, if
service would compromise the efficacy of the provisional remedies.
5. Service of judgment on security guard of building where counsel’s office is located is valid and
binding. Counsel should devise a system to ensure prompt receipt.
Date of Date of Pleading: Completeness of service (when service is deemed completed):
pleading/ Personal Clerk shall endorse the date Personal Actual delivery
Completeness filing and hour of filing service
of service Registered Date of mailing shown by the Service by Registered mail Whichever is earlier:
mail post office stamp on the mail 1. Actual receipt of addressee
envelop 2. 5 days from date he received the first notice of
Date of actual receipt as shown postmaster
by the Registry Receipt Ordinary mail Upon expiration of 10 days after mailing, unless court
otherwise provides.
These shall be the date of filing, payment and Substituted Delivery of copy to Clerk of Court
deposit in court. service
Service of Personal service Actual delivery
judgments, Registered mail Whichever is earlier:
final orders 1. Actual receipt of addressee
or 2. 5 days from date he received the first notice
resolutions of postmaster
Publication Date of publication
Proof of filing Proof of filing: Proof of service
and service Personal 1. BEST EVIDENCE: Personal 1. Written admission of the party served
filing existence of service 2. Official return of service
pleading in the 3. Affidavit of party serving, containing a full statement on date, place and
records of the case. manner of service
2. If it is not in the Service by Registered mail Affidavit + Registry Receipt issued by the mailing office.
case records, but mail Absence one or the other, there is no proof of service.
claimed to be filed Ordinary mail Affidavit of person mailing
personally, by
written or stamped
acknowledgement
by Clerk of Court on
a copy of the same.
Registered By Registry Receipt and
mail affidavit of person who did the
mailing, containing a full
statement on date and place of
depositing the mail in the post
office.
Priorities Personal filing must always be resorted to. 1) Personal service must always be resorted to.
2) Service by mail
3) Substituted service
4) Service by publication is only resorted to in unusual circumstances
Failure to do 1. Court must demand explanation as to why personal service is not possible. If no explanation is offered, court may remove the pleading.
personal a. : Service coming the court—judgments, final orders and resolutions
filing/service. 2. Lack of manpower to effect personal service is a valid excuse.
NOTE: “May not be filed” means court has discretion on whether to consider the paper filed or not. If personal service is clearly not practicable, a written
explanation might even be superfluous. This rigid application should be relaxed for substantial justice.
Periods of filing Rule Responsive pleadings

of pleadings 11 Answer 15 days 1. Complaint, after service of summons, unless a different period is fixed.
2. Amended complaint, counterclaim, cross-claim, third party complaint, as a matter of right, from service
3. 3rd party claim
a. Same rules as answer to a complaint (15,30 or 60 days)
4. Complaint-in-intervention, from notice of order admitting it
5. Summons filed against defendant foreign private juridical entity if served to the resident agent or officers or agents in Philippines
6. If MD is denied, period is the balance of the 15-day period, which shall not be less than 5 days from receipt of denial.
7. If MBP is filed, period is the balance of 15-day period, which shall not be less than 5 days from service of bill of particulars or
amended complaint or notice of denial of motion.
10 days 1. Amended complaint as a matter of discretion or with leave of court, from receipt of order
2. Counterclaim or cross-claim, from service
a. This is relevant to a permissive counterclaim that has to be answered.
3. Supplemental complaint, from notice of order admitting it
a. Answer to original complaint shall serve as answer to supplemental complaint if no new or supplemental answer is filed.
Answer to a supplemental complaint is not mandatory. Thus, there can be no declaration of default.
b. Where plaintiff filed an amended complaint or supplemental complaint and defendant failed to file an answer to it,
defendant cannot be declared in default if it filed an answer to the original complaint.
4. Reply
5. Summary Rules
6. Compliance with order for Bill of Particulars, from notice of order
30 days Defendant is a foreign corporation with no designated Philippine representative
Summons was served through a government official designated by law
Count starts after receipt of summons by government official.
60 days 1. Defendant’s identity or whereabouts are unknown and cannot be ascertained with diligent inquiry, but he is in the Philippines
(Service by Publication)
2. Does not reside and is not found in the Philippines (Extraterritorial Service)
3. Temporarily residing outside the Philippines (Extraterritorial Service)
4. Defendant is a foreign corporation and extra-territorial service of summons is made, period is “reasonable time” as may be
determined by court which shall not be less than 60 days from receipt of summons.
Reply 10 days from service of pleading
1. A party cannot amend his cause of action in his reply.
2. GR: Reply is optional (this must be verified)
: Answer is based on an Actionable Document. Otherwise, genuineness and due execution are deemed admitted.
Extension to plead Court may extend time to plead upon motion of the defendant.
Other pleadings Court may allow an Answer or other pleadings to be filed after the time fixed by the Rules.
Notes:
1. There are no fixed periods for filing a permissive claim because prescription is decided by Civil Code. But if defendant incorporates a permissive counterclaim or a 3 rd
party claim, he must do so during pendency of the case.
a. Permissive counterclaim and 3rd party claim cannot be filed separately from an Answer.
2. An after-acquired counterclaim or cross-claim (matured after party has served his pleading) may present it by supplemental pleading before judgment and with
leave of court.
3. Omitted counter-claim or cross-claim (when a pleader fails to set it up through oversight, inadvertence, excusable neglect or when justice acquires) may be set up
by amendment before judgment and with leave of court.
4. Motion for extension of time to file an Answer may be granted ex parte. It is not appealable because it is interlocutory.
a. Motion for extension must be filed before lapse of period.
b. Court has no authority to reduce the period (: Quo Warranto)
5. Optional responsive pleadings that do not result in default if not filed:
a. Reply
b. Answer to amended complaint made with leave of court
c. Answer to supplemental complaint
d. Answer to a compulsory counterclaim so intimately related to main action that answer would only be a repetitions of allegations in complaint
Counterclaim and cross-claim arising after Filing of Answer

Before judgment It may be presented by supplemental pleading.
After judgment It may be asserted in a separate answer.
Omitted Defendant shall be bared from asserting these claims if he fails to assert it in the Answer.
Deadline falls on a Saturday, Sunday or Legal Holiday

Where the last day of the period for doing an act falls on a Saturday, Sunday or a legal holiday in the place where the court sits, time should not run until the next working day.
An extension for the deadline can be filed the next working day but the extension period should be counted from the original deadline.
Personal notes on which comes first; filing or service:

Complaint Responsive pleadings Judgments, resolutions and
court orders
Filing before service Service before filing Filing before service
Complaint is first filed in court, 1. If there is a cross-claim or counter-claim, pleading must be always embodied with the Judge renders his decision
docket fees are paid, and after answer. and submits a copy or
filing, it is served upon defendant 2. Before defendant could file an answer with court, he must serve a copy upon the plaintiff. original to the Clerk (filing).
together with summons. 3. If there is a 3rd party complaint, it must be filed before served because there is need of The Clerk serves it to the
leave of court (and payment of docket fees). adverse parties.
G. Amendment
Amendments as a Sec 2, Amendment as a matter of right when they are filed:
matter of right Rule 1) Before a responsive pleading is served
10 2) 10 days after it is served, in case of a Reply
3) After court has ordered dismissal, before the order of dismissal becomes final:
a. Plaintiff may amend his complaint if defendant has not served an Answer
b. Defendant may amend his counterclaim if plaintiff has not yet served a Reply
Notes on amendments in general:

1) Pleadings may be amended by:
a. Striking out or adding an allegation or name of any party
b. Correcting a mistake in the name of the party
c. Correcting an inadequate allegation or description in any other respect
2) A complaint whose cause of action has not yet accrued cannot be cured or remedied by an amended pleading alleging existence or accrual of a cause of action
while case is pending.
3) Amendment is not proper:
a. Purpose is to cure a complaint which Fails to State a Cause of Action, where there was a timely objection by defendant.
b. Where there is no cause of action at the filing of original complaint
Notes on amendments as a matter of right
1) What is material is date of service of responsive pleading, not date of filing.
a. After issuance of pre-trial order, answer may no longer be amended as a matter of right if such amendment would raise an issue not included in the
pretrial order.
b. MD is not a responsive pleading.
2) There is no need to file a Motion to Admit the Amendment Pleading. Pleader should just file the amended pleading without any corresponding motion.
3) It can only happen once. Subsequent amendments need a leave of court, even if filed before a responsive pleading.
4) Remedy of party in case of refusal is Mandamus.
5) If there are multiple defendants but not all have answered, plaintiffs can still amend their complaint as a matter of right in respect to claims asserted against
non-answering defendants only.
6) If defendant files a answer containing a general denial, he may amend it to have a specific denial as long as it is within reglementary period of Reply.
Amendments by Sec 3, Amendment as a matter of discretion when:

leave of court Rule 1) Substantial amendments
10 a. It may be refused if it appears that the motion was made to delay.
2) Responsive pleading has been served.
Notes on amendments as a matter of discretion:

Instances when amendment by leave of court may not be allowed:
1. Cause of action, defense or theory is changed
2. Intended to confer jurisdiction to court
3. Cure a premature or non-existing cause of action
4. Purposes of delay
Formal Sec 4, Formal amendments Substantial amendments

amendments Rule Definition One which seeks to correct a mere defect in the Anything that goes beyond.
10 designation of parties and other clerical error.
When At any stage of the action, at its initiative or on 1) Only when amendment is before responsive pleading
motion as long as no prejudice is caused to the 2) Only when there is leave of court
adverse party. Thus, this may be refused by court even if filed before responsive pleading.
Notes on substantial amendments:

1) It can introduce a new cause of action or alter the theory of the case , but should be when amendments serve a higher interest of justice, prevent delay and secure
a just, speedy and inexpensive disposition.
a. When an original complaint simply prayed for injunction, it was amended to include “reformation of instrument”, the amendment was still allowed.
b. Another summons must be served with the amended complaint. It is not the change of cause of action but the acquisition of jurisdiction over
defendant’s persons that is the reason.
2) Amendment can cure a jurisdictional error, if done before responsive pleading because court has not exercised any jurisdiction yet.
a. If there has been a responsive pleading, court will not grant it.
Effect of Sec 8, Effects of amended pleadings
amended Rule 1. It supersedes the original pleading
pleadings 10 2. Admissions made in the superseded pleading may be received in evidence against the pleader.
3. Claims or defenses not incorporated in the amended pleading (even if alleged in the original) is deemed waived.
Notes on effects of amendment:

1. Filing of an amended pleading does not retroact to the date of the filing of original. Hence, Statute of Limitations run until submission of amendment.
a. It relates back to the commencement of the action.
2. This shall not apply to the party impleaded for the first time in the amended complaint which was filed after the prescription had already lapsed. Instead, the
amended complaint must be dismissed with respect to the party who was belated included.
3. Admissions in the superseded pleading become extrajudicial admissions that still need to be offered in evidence if the party decides to use them.
Amendments to Sec 5, Amendment to conform to or authorize presentation of evidence:
conform to or Rule 1) This presupposes that there are issues not raised in the pleadings but are tried.
authorize 10 2) There is an implied or express consent of parties. Thus, they will be treated as if they had been raised.
presentation of 3) Pleadings will conform to the evidence presented and to issues made.
evidence 4) There must be a motion by any party in order to conform the pleadings.
5) Motion may be filed at any time, even after judgment.
6) Failure to amend does not affect the result of the trial.
7) If evidence is objected on the ground that it is not within the issues made by the pleadings, court may allow pleadings to be amended for presentation of merits and
substantial justice.
8) Court may grant a continuance/postponement to enable the amendment
Notes:
1. There are two scenarios presented:
Evidence is introduced on an issue not alleged and there was no objection. There was an objection.
There is an implied consent between parties. Therefore, amendment is more for It is a substantial amendment in a sense that court will only postpone the
formality. proceedings and allow amendment of pleadings if it is in the interest of substantial
justice.
2. There can be an instance where the court may admit testimonial and documentary evidence even when no motion was filed, and no amendment ordered—
when there is implied consent or failure to objection.
3. Once the pleading is amended, the evidence will not be relevant because it is officially related to the cause of action.
4. No need for new summons even if there is a new cause of action because the defendant is already furnished with copy of amended complaint.
Supplemental Sec 6, 1. This is used to set forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented (after-acquired)
pleadings Rule 2. There should be a leave of court (motion).
10 3. It must allege facts.
4. Filing fees on additional claims alleged must be paid.
Notes:
1. Check the purpose of the supervening event:
a. If it reinforces or aids the original demand, it should be an amendment with leave of court.
b. If it changes the relief sought, it should be a supplementary pleading.
2. No supervening event can cure lack of cause of action.
3. Cause of action must be the same as in the original complaint. Otherwise, it should not be admitted.
a. : It may raise a new cause of action as long as it is related to the original cause of action.
Amended pleadings Supplemental pleadings

Allegations Facts existing at the time of commencement of action After the filing (supervening)
Result Withdrawal of original pleading Addition
Leave of court No leave needed if amendment is before responsive pleading Always with leave of court
Copy of pleading A new copy of entire pleading must be filed, incorporating the No need to file a new copy of the entire pleading. It is taken together
amendments. It takes place of the original pleading . with the original pleading.
H. Summons
Nature Rule Definition It is a mandate requiring the appearance of the defendant in an action under penalty of having judgment entered against him for failure to do so.
14 Objective Notify the defendant that he has been sued
Effect of Court acquires jurisdiction of person over defendant.
summons However, extraterritorial service, jurisdiction is only over res.
Effect of failure to Defendant must still appear. Court can simply furnish him a copy of the complaint and give him a new time to answer. Otherwise, he may be declared
attach a copy of in default.
complain to NOTE: In cases where summons are not required, court cannot declare the respondent in default for failure to file a response or comment.
summons
Effect of defect in It will not invalidate proceedings and judgment. However, this will preclude the court from rendering judgment on peronal liability.
service
Who issues it Clerk of court
By whom served Sheriff, his deputy, or other court officer, or by any suitable person authorized by court for justifiable reasons
Stenographer or court interpreter cannot serve summons because they are not the proper court officials relating to summons.
When made It may be served night or on Sunday or holiday, because it is ministerial in character.
Amended It depends on two factors:
pleadings 1. If the amended complaint changes the cause of action or introduces one.
2. If defendant had already voluntarily appeared in court (e.g. by filing an MD, Answer or Motion for Extension of Time without invoking lack
of jurisdiction). There is no need for summons even if there is a change of cause of action.
Additional parties New summons is needed for additional defendants joined in the action.
EXCEPTIONS: In case of death of party (Order of Substitution will be issued in replacement of Summons)
1. Administrator
2. Heirs
3. In cases of substitution
Return When a service has been competed, service shall serve a copy of the return to the plaintiff’s counsel, within 5 days, personally or by registered mail.
He must return the summons to the court who issued it, accompanied with proof of service.
Rule It depends on nature of action and whether defendant is an individual, domestic juridical entity or foreign juridical entity.
Defendant Action Mode of service
Defendant is Personam GR: Personal service or substituted service.
individual  (where constructive notice and extraterritorial service may be resorted:
1. When defendant or his whereabouts is unknown
2. Philippine resident temporarily out of the Philippines
Action is in rem or 1. Personal service
quasi in rem 2. Substituted service
3. Constructive notice or extra-territorial service
Domestic juridical GR: Personal service or substituted service on officers under Sec 11, Rule 14.
entity : Identity of corporation is unknown
Foreign juridical Extraterritorial service, regardless of nature of action.
entity Personal service can also be made.
Purpose of Actions in personam Actions in rem Actions in quasi rem

summons in Definition It is directed against persons and seeks a It is directed against the thing itself. The It is directed against particular persons but
relation to relief which would binding to those complainant asks the court to make a through reaching or disposing with their
actions in directed. declaration as to dispose or deal with the res. properties.
personam, in rem It is against particular persons and seeks a On the thing or res itself Directed against particular persons but seeks
and quasi in rem relief binding against them particularly. to dispose their property in the Philippines
Acquisition of Court must have jurisdiction over person for Jurisdiction over person is not necessary as long as the court acquires jurisdiction over the res
jurisdiction it to have an authority to impose personal because the action is either directed to the thing or through it.
liability to him.
Service of summons 1. Extraterritorial Service under Sec 1. Extraterritorial Service under Sec 1. Extraterritorial Service under Sec
15 Rule 14 cannot be effected 15, Rule 14 may be effected. 15, Rule 14 may be effected.
because the person is a non- 2. Publication of Service and 2. Publication of Service and
resident and cannot be found. Extraterritorial Service when Extraterritorial Service when
2. If Extraterritorial Service (under temporarily out applies. temporarily out applies.
Sec 14, Rule 14) is effected
because the person is only
temporarily out of the
Philippines, it applies.
Consequently, publication also
applies under this section.
In case of Preliminary When a defendant could no longer be Prior or contemporaneous service of summons Prior or contemporaneous service of
Attachment served with summons, it no longer becomes does not apply if the action is in rem or quasi in summons does not apply if the action is in rem
an action in personam upon PA because it is rem. or quasi in rem.
converted into an action in rem or quasi in
rem.
Service of When a copy of the pleading is sent to a party.
summons 1. Served by:
a. Sheriff
b. Sheriff’s deputy
c. Other court officers
d. For justifiable reasons, any suitable person authorized by court
2. Summons do not have a prescriptive period. However, by practice, sheriff must submit a return of summons to the Clerk in 15-30 days because the Clerk uses
the date in the Monthly Report of Cases to be submitted to the Office of Court Administrator within the first 10 days of the succeeding month. Thus, one month
from issuance of summons can be considered “reasonable time” with regard to personal service.
3. Sheriff must have at least 3 tries, preferably on at least 3 different dates.
Modes of service Notes:
1. There are only 3 modes of service:
a. Service in person
b. Substituted service
c. Publication
2. Unlike in service of pleadings, there are no service of mail. Thus, court does not acquire jurisdiction over the person.
a. Service by mail is only complimentary to service by Publication.
Defendant is Circumstance Mode Manner
a natural If he is available Personal service 1. Give a copy to the defendant
person 2. Tendering it to him if he refuses to receive and sign it
If he cannot be Substituted service Sheriff will leave copies:
served in person 1. At his residence, with a person of suitable age and discretion.
within reasonable 2. At his office or regular place of business, with some competent person in charge.
time
His identity or Constructive service 1. Publication in a newspaper of general circulation and in such places and for such time as
whereabouts are court may order.
unknown, and 2. There must be lieave of court.
cannot be
ascertained with
diligent inquiry
He resides in the Extraterritorial Service may be effected (either of these):
Philippines but is service 1. By personal service
temporarily out of it 2. Publication in a news paper of
He does not reside Extraterritorial general circulation in such places Action affects:
and is not found in service and for such time as the court may 1. Personal status of plaintiff
the Philippines order 2. Relates to or subject of property in
In both cases, a copy of summons which defendant:
and order of court shall be sent by a. Claims a lien or interest
registered mail tot eh last known b. In which relief demanded
address of defendant, or in any other consists in excluding the
manner the court may deem defendant from any
sufficient. interest in it
3. Property of defendant has been
attached.
Defendant is 1. Personal service (and)
a minor or 2. Service to his legal guardian if he has one, or upon his guardian ad litem
incompetent a. Appointment of guardian ad litem shall be applied for by the plaintiff.
3. May also be made to his father or mother.
Defendant is Upon the officer having management of such jail or institution who is deemed deputized as a special sheriff for the said purpose.
in prison
Notes for substituted service:

1. Requirements of substituted service:
o Impossibility of prompt personal service:
 It must be shown that defendant cannot be served promptly or there is impossibility of prompt service within reasonable time.
 Sheriff must show several attempts, or at least 3 times on at least 2 different dates.
o Specific details in the return
 Sheriff must describe in the Return the facts and circumstances surrounding the attempted personal service.
o Substituted service on a person of suitable age and discretion residing at defendant’s house or residence; or on a competent person in charge of
defendnat’s office or regular place of business.
2. It is not necessary that the person in charge of the regular place of business be specifically authorized to receive it. It is enough that he appears to be in charged.
3. Two modes of effecting substituted service of summons:
Leaving copies at defendant’s residence with some person of suitable age and Leaving copies at defendant’s office or regular place of business with some
discretion. competent person in charge.
1. Such person must reside in it. 1. Person on whom the substituted service will be made must be the
2. A person of suitable age and discretion is one who has attained the age of full one managing the office or business, such as President or Manager.
legal capacity (18 years old) and is considered to have enough discernment to He msut have sufficient knowledge to understand the obligation of
understand the importance of summons. the defeandant, and the prejudice effects arising from inaction.
3. Discretion is defined as the ability to make decisions which represent a 2. “At the defendant’s office or regular place of business” does not
responsible choice. include a corporation where the defendant is a chairman who does
a. He must know how to read and understand English. nto regularly hold office or conduct business.
b. He fully realized the need to deliver it at the earliest possible time. 3. Substituted service to a representative of a law firm (who claims to
4. Individual must have sufficient knowledge to understand the obligation of be defendant’s counsel) is ineffective.
the defendant in summons. 4. Person left with summons (in substituted service) must have a
5. Person left with summons (in substituted service) must have a relation of relation of confidence, ensuring the defendant that he would at
confidence, ensuring the defendant that he would at least be notified of least be notified of receipt of summons
receipt of summons 5. Service to security guard is not substantial compliance.
4. Before substituted service can be effected, personal service must be impossible. This does not qualify attempts on personal service.
5. If defendant prevents the service, summons will be deemed properly served.
6. Sheriff’s return should contain a report indicating that the person who redeived the summons is one with whom the defendant has “relation of confidence”.
Otherwise, substituted service shall be presumed defective.
Notes on constructive service

1. Constructive notice by publication can be resorted to:
a. Actions in rem and quasi in rem
b. In personam actions against foreign corporations
c. In personam actions against residents who are temporarily out of the Philippines
d. In personam actions against defendant whose identity or whereabouts is unknown
2. “Residence” is determined at the time of service of summons.
a. If defendant is no longer residing and is already abroad at the time of service of summons, rule for residents temporaraily out (Sec 19) will nto apply even
if he was still residing in the Philippines 5 months before the date of service of summons.
Notes on Extraterritorial Service:

1. It applies only where action is in rem or quasi- in rem.
a. EXCEPTIONS:
i. In case of foreign corporations under amendment to Sec 12 Rule 14, even in an action in personam.
ii. Residents who are temporarily out of the Philippines
2. In short, this applies in the following:
a. Actions in rem and quasi in rem against any defendant whether individuals, domestic juridical entity or foreign entity
b. In personam against foreign corporations
c. In personam against residents who are temporarily out of the Philippines.
Voluntary Sec 20, GR: Defendant’s voluntary appearance shall be equivalent to service of summons.
appearance Rule : MD with ground of lack of jurisdiction shall not be deemed a voluntary appearance.
14
Notes:
The following pleadings does not constitute voluntary appearance:
1) Special appearance
2) Answer ad cautelam with compulsory counterlcaim
Proof of service Sec 18, Circumstance Mode Proof of service

Rule If he is available Personal service Proof of service shall be in writing by the server and shall set forth:
14 If he cannot be served in Substituted service 1) Manner, place and date of service.
person within reasonable 2) Any papers which have been served with the process
time 3) Name of person who receive the summons
NOTE: If service is made by a person who is not the sheriff or his deputy, it shall be sworn to.
His identity or whereabouts Constructive service Proof of service may be made:

are unknown, and cannot be 1. Affidavit of printer, his foreman or principal clerk, or of the editor, business or advertising
ascertained with diligent manager
inquiry o Copy of publication shall be attached to the affidavit of the printer.
2. Affidavit showing the deposit of copy of summons and Order for publication in post office,
postage prepaid, directed to the defendant by registered mail to his last known address.
Notes:
Doctrine of substantial compliance:
1. There must be actual receipt of summons by person served (i.e. transferring possession of copy of summons from sheriff to person served).
2. Person must sign a receipt or sheriff’s return.
3. There must be actual receipt of summons by corporation through person on whom summons was actually served. This is the most important because it is through
such receipt that purpose of Rule on Service of Summons is attained.
Personal notes on Summons:

Comparisons Service in person (SEC 6, RULE 14) Personal service (SEC 6, RULE 13)
with Service Coverage Summons Pleadings, judgments and other orders
of Pleadings Manner of performance 1. Handing copy in person 1. Delivering it personally to counsel or party.
2. Tendering it to him if he refuses to accept 2. Leaving a copy in his office
3. Leaving a copy in his residence with person of sufficient age and discretion
Substituted service (SEC 7, RULE 14) Substituted service (SEC 8, RULE 13)
Coverage Summons Pleadings and motions
Justifiable causes Defendant cannot be served within reasonable time If service cannot be made under personal service, service by registered or ordinary mail
and office and place of residence of party or his counsel is unknown.
Manner of performance 1. Leave copies at defendant’s residence with person of Deliver copy with Clerk, with proof of failure of personal service service by mail.
suitable age and discretion residing in it.
2. Leave copies at defendant’s office or regular place of
business with some competent person in charge of it.
To whom sent Service upon defendant personally Service upon counsel. It cannot be service upon the party.
My Notes:
1) If summons is served or tendered to defendant himself, it is service in person.
2) If summons is served to persons other than the defendant, it is substituted service.
3) If pleadings and motions are served to counsel, it is personal service.
4) If pleadings and motions are served back to the Clerk, it is substituted service.
Other Residence in Summons Residence in Venue of Actions
comparisons Difference Place where person named in the summons is living at the time when the service is Actual residence or place of abode regardless of permanent or temporary, as long as
made, even if he may be temporarily out of the country. he resides continuously and consistently.
Substituted service (SEC 7, RULE 14) Publication (SEC 14, RULE 14)
Requisite 1. Service within reasonable time is impossible. 1. Defendant’s identity or whereabouts are unknown and cannot be ascertained with
s 2. Sheriff exerted efforts to locate defendant. diligent inquiry, but he is in the Philippines.
3. Person to whom summons is served is of sufficient age and discretion. 2. There must be leave of court.
4. Person to whom summons is served resides in defendant’s residence.
When it involves Corporate officers:

Persons that may certify a certificate of non-forum Substituted service in motions Summons if defendant is domestic juridical entities
shopping
GR: Individuals with board resolution If he cannot be served in person within reasonable time, Anyone of officers:
EXCEPTIONS (no need for board resolution): sheriff may leave copies: 1. President
1. General manager 2. GM
2. Employment specialist (Private) defendant’s office or regular place of business with 3. Managing partner
3. Personnel officer some competent person in charge (one managing the office 4. Treasurer
4. Chairperson of board or business, such as president or manager) 5. Corporate secretary
5. President 6. In-house counsel
Enumeration is exclusive.
I. Motions (General Principles, Motion for Bill of Particulars, Motion to Dismiss)

Motions in Rule Definition of motion It is an application for relief other than by a pleading
general 15 Motion vs. Pleading Motion
Pleadings Purpose Submit a claim or defense Apply for an order
Being initiatory May be initiatory Never initiatory because case is already filed in court
Time of filing Always before judgment Even after judgment
Pleadings are not available in Appeal
Kinds allowed 9 pleadings Any application for relief, not by pleading
Form Must be written May be oral if made in open court or in course of hearing or trial.
Notes:
1. If after appeal, it may either be a Motion or Petition.
2. Motions only ask for a relief, not a judgment. Hence, petitions are used to acquire a judgment.
a. EXCEPTIONS (motions that ask for a judgment):
i. Judgment by the pleadings
ii. Summary Judgment
Contents and forms Requirements:
of motions 1. All motions must be in writing, except:
a. Those made in open court
b. Those made in the course of a hearing or trial
2. Motions shall state:
a. The relief sought to be obtained
b. Grounds upon which it is based
3. It shall be accompanied by supporting affidavit and other papers, if:
a. Required by the Rules
b. Necessary to prove the facts alleged
Notice of hearing Other requirements:
and hearing of It should set for 1. EXCEPTIONS:
motions hearing. a. Non-litigious motion
b. Ex parte motion.
2. 3-DAY NOTICE REQUIREMENT: The motion should be served in such a manner to ensure receipt by the other
party at least 3 days before hearing.
3. 10-DAY HEARING REQUIREMENT: The date of the hearing must not be later than 10 days from the date of
filing of motion.
a. This requirement is not strictly observed in practice because of limited availability of courtrooms
and judges, and where the motion is served by registered mail.
It should contain 1. It shall be addressed to all parties
a notice of 2. It shall specify the time and date of hearing.
hearing.
If set for hearing,
there shall be
proof of service.
Notes:
1. To sum it up, requirements are:
a. All motions must be in writing.
b. It shall state the relief and its grounds.
c. It shall be accompanied by supporting affidavits and papers.
d. It should be set for hearing in accordance to 3-day notice requirement to parties and 10-day hearing requirement.
e. It should contain a notice of hearing.
f. If set for hearing, there shall be proof of service.
2. It follows the rules on filing and service of pleadings.
3. The most important requirements are that it must be set for hearing (3-day notice and 10-day hearing), and it should contain a notice
of hearing. Otherwise, it is a mere scrap of paper.
a. If a motion contains a defective notice of hearing but the adverse party was given the opportunity to file its comment
thereon, the defect is substantially cured.
4. 3-day Notice Rule is not an absolute requirement.
a. If failure to comply with the rule has not prejudiced the adverse party, a liberally construction of the Rule is in Order.
b. Thus, where the hearing on MR was postponed and the adverse party was given an opportunity to oppose the motion, the
defect was cured.
5. Notice/hearing of motion is for the benefit of the opposing party.
a. The trial court can resolve the motion without waiting for the hearing date as long as it is not adverse to the opposing party.
6. If the motion set for hearing is without proof of service, it shall not be acted by the court.
a. However, this is not absolute.
b. If the court is satisfied that the rights of the adverse party is not affected, court may still act upon the motion.
c. Court retains discretion to act upon the motion especially if the adverse party did, in fact, received the motion.
7. Hearing only requires a submission of arguments on questions of fact and evidence on questions of law. Unlike in trial, parties do not
need to be examined or to present evidence to support their claims.
a. EXCEPTIONS (Motions that require a Trial):
i. MD
ii. Affirmative defenses raising the grounds in MD (it shall be conducted as if an MD is filed)
iii. Preliminary Attachment
iv. Issuance of TRO
v. Writ of Preliminary Injunction
b. NOTE: Only 1-2 are motions (double check)
Omnibus Motion Subject to the provisions of Sec 1, Rule 9, a motion attacking a pleading, order, judgment or proceeding shall
Rule 1. Include all objections then available
2. Objections not included shall be deemed waived
Notes:
1. A motion attacking a pleading, order, judgment or proceeding shall include all objections then available. If objections are not
included, these are deemed waived.
2. Excepted from this rule are objections based on:
a. Subject-matter jurisdiction
b. Res Judicata
c. Lis pendens
d. Prescription
Litigated motions These are motions that require parties to be heard before a ruling on the motion.
Ex parte motions These are motions that do not require parties to be heard and which the court may act upon without prejudicing the rights of the other party.
Notes: It does not need to comply with requirements of SEC 4-6.

Examples:
1. Motion for Extension of time
2. Motion for issuance of alias summons is non-litigious in nature. It does not require a hearing because it can be acted upon by the court
without prejudice to the rights of adverse parties.
Pro forma motions It is a mere scrap of paper that cannot be acted by the court. Court has no reason to consider it and Clerk has no right to receive it.
Notes:
1. This happens when the motion does not have:
o Proof of service
o Notice to adverse party
 This is because SEC 4 (Hearing of Motion), SEC 5 (Notice of Hearing and Sec 6 (Proof of Service) are the most
important requirements.
2. An MR without a proper notice of hearing is pro forma, a mere scrap of paper which does not toll the period to appeal.
o Notice of hearing should set the time and place of hearing.
o Hence, upon expiration of 15-day period to appeal, judgment became final.
Motions for Bill Rule Purpose Purpose:
of Particulars 12 1. When causes of action alleged in the complaint are vaguely or obscurely pleaaded such that there is a need to clarify the basis of the
actions so that the defendant can intelligently prepare a responsive pleading.
2. Matter is not averred with sufficient definiteness or particularity.
Note: If the pleading Fails to State a Cause of Action, it should be MD not MBP.
Plaintiff filed a complaint for reconveyance for herself as a surviving MBP is proper because the complaint failed to alleged a factual matter
heir, and in representation of other heirs of the owner of the which must be alleged or pleaded under the Rules (i.e. identity of
property in question. Defendant filed MBP seeking who the other alleged co-heirs and co-plaintiffs is necessary for a proper defense)
heirs are.
Complaint alleged that defendants acted in “unlawful concert”. MBP is proper.
Defendant filed an MBP to specify the nature, manner and extent of
his participation in the acquisition of assets cited
When filed 1. Within time to file a responsive pleading (before response)

2. If the pleading is a reply, 10 days from its service
NOTE: Similar to period for Amendments as a matter of right.

Action of court Action of the court:
1. Right after filing of MBP, Clerk must immediately bring it to the attention of the court.
2. Court will either:
a. Deny, grant it outright
b. Hearing (allow parties the opportunity to be head)
Order of court Order of court may direct the adverse party:

1. To file a bill of particulars
2. To make a pleading referred to in the motion, either by amending or supplementing it
Compliance with Compliance Non-compliance
order and effect of Period Compliance must be effected within 10 days from The order is not obeyed, or there was insufficient compliance
non-compliance notice of order, unless a different period is fixed by
court.
Effect Bill of particulars becomes party of the pleading Court may order:
for which it is intended 1. Striking out of the pleading or portions of it
It may be filed either in a separate pleading or in 2. Other orders as it deems just
an amended pleading.
Effect on period to After the service of bill of particulars, or a more definite pleading, or after notice of denial of the MBP, moving party may file his responsive
file a responsive pleading within period to which he as entitled at the time of filing of motion, which shall not be less than 5 days in any event.
pleading
If MBP is filed, period for Answer (responsive pleading) is the balance of 15-day period, which shall not be less than 5 days from service of bill of
particulars or amended complaint or notice of denial of motion.
Motion to Rule Grounds 1. Lack of subject-matter jurisdiction
Dismiss 16 2. Res judicata (bar by prior judgment)
3. Lis pendentia
4. Prescription
5. Lack of personal jurisdiction
6. Improper venue
7. No legal capacity to sue
8. Fails to State Cause of Action
9. Condition precedent not complied with
10. Claim unenforceable under State of Frauds
11. Claim has been paid, abandoned, waived or otherwise extinguished.
Resolution of After haring, the court may:
motion 1. Dismiss the action or claim (this means that the action may not be dismissed, it may continue with dismissing one claim if there are
multiple claims)
2. Deny the motion
3. Order the amendment of the pleading
Court shall not suspend the resolution of the motion on the reason that the ground relied upon is not conclusive /unquestionable.
Remedies of
plaintiff when Grant of MD Denial of MD
complaint is Effect The action or claim is dismissed. Action or claim will continue, or court will order amendment
dismissed of the pleading.
Remedies of Type of dismissal Dismissal with Without prejudice Interlocutory.
defendant when prejudice
motion is denied Final order Interlocutory. It is not an
adjudication on merits.
Plaintiff Defendant
Instance MD has been granted MD has been denied
Remedies 1. File MR, whether in regular or Summary Procedure 1. File MR, whether under regular or Summary
2. Re-file the complaint unless the round for dismissal Procedure
is Prescription, Unenforceability, Res Judicata or 2. Proceed to trial, and if he loses, appeal and
Extinguishment assign the failure to dismiss as a reversible
3. Appeal, unless dismissal is without prejudice. error
a. Cases wherein without prejudice: 3. File Petition for CPM under Rule 65 if denial is
i. Forum shopping (Rule 7) made with grave abuse of discretion.
ii. Three instances of dismissal by a. CPM is not available under
plaintiff (Rule 17) Summary Procedure and in
iii. Failure of plaintiff to appear at ejectment case (Rule 70).
Pre-Trial or to file a Pre-Trial
Brief (Rule 18)
4. File an amended complaint as a matter of right as
long as dismissal order has not yet become final
Explanation Dismissal with prejudice Without prejudice 1. Defendant shall file his Answer within balance
Appeal Re-file the complaint, except if of the period for filing it but in no case less
dismissal is based on res judicata, than 5 days.
He cannot re-file the prescription, payment, waiver,
2. As a general rule denial of MD cannot be
complaint based on certain abandonment or extinguishment of
grounds barring it. claim, and claim unenforceable.
questioned in certiorari proceeding. Only if
there is grave abuse of discretion, Certiorari or
Petition for Certiorari under Rule Prohibition under Rule 65.
65. PECULIAR NATURE: Even if it is an interlocutory order,
denial of MD cannot be questioned through a Petition
for Certiorari under Rule 65 because it is used to correct
errors of jurisdiction and not errors of judgment. It is
appealable but only after judgment from trial.
Effect of dismissal of Plaintiff can re-file the complaint, except if dismissal is based on res judicata, prescription, payment, waiver, abandonment or extinguishment of
complaint on claim, and claim unenforceable under Statute of Frauds.
certain grounds
When grounds are If no MD has been filed, any of the grounds for dismissal may be pleaded as an affirmative defense in the Answer.
pleaded as In the discretion of the court, a preliminary haring may be had if as if an MD has been filed.
affirmative defenses
If the complaint is dismissed because of this method, it shall be without prejudice to the prosecution of counterclaim pleaded in the answer.
NOTE:
1. Grounds raise din MD can be re-pleaded in the Answer as affirmative defenses but defendant can no longer demand for a preliminary
hearing for it.
a. : OBITER DICTUM: If a ground is raised in an MD and is categorally denied, such ground can no longer be raised as an
affirmative defense.
2. If grounds for dismissal are pleaded as affirmative defenses, court has two options:
a. It may hold a preliminary hearing on affirmative defenses as if an MD has been filed
b. It may defer the resolution of the affirmative defense until after trial. In this case, issue on affirmative defenses shall be litigated
during trial proper.
3. Preliminary hearing does not apply if there is an MD filed. The court will merely defer the resolution on affirmative defenses.
4. He can incorporate a counterclaim, permissive or compulsory and ask for a preliminary hearing. If the case is dismissed, it will not prejudice
the counterclaims.
5. An MD cannot be incorporated to a counterclaim because it is not a pleading.
Bar by dismissal Subject to right of appeal, order granting MD based on the following shall bar the refiling of the same action or claim.
Grounds that that result to dismissal with prejudice:
1. Cause of action is barred by prior judgment (Res Judicata)
2. Cause barred by Statute of Limitations (Prescription)
3. Claim has been paid, waived, abandoned or otherwise extinguished
4. Claim is unenforceable under Statute of Frauds
Grounds that would bar the refiling of same action Grounds that would not bar the refiling of the
action
1. Res judicata 1. Lack of jurisdiction over subject
2. Prescription matter
3. Payment, waiver, abandonment or extinguishment of claim 2. Lack of jurisdiction over person
4. Claim is unenforceable under Statute of Frauds 3. Improper venue
5. Dismissal by Plaintiff under Rule 17 4. Lack of legal capacity to sue
a. Dismissal upon notice by plaintiff operates as an adjudication upon merits. 5. Litis pendencia
b. Dismissal upon motion of plaintiff when order of dismissal states that it is a 6. Failure to State Cause of Action
dismissal with prejudice. 7. Failure to comply with condition
c. Dismissal due to fault of plaintiff, unless order states otherwise. precedent
6. Dismissal due to failure of plaintiff to appear at Pre-Trial or file a Pre-Trial Brief when
the order of dismissal states that dismissal is with prejudice.
Notes:
1. Under Res Judicata, actions could be barred either by:
a. Prior judgment
b. Conclusiveness of judgment
2. “Bar by prior judgment” is the effect of a judgment as a bar to the prosecution of a second action upon the same claim, demand or
cause of action.
3. “Conclusiveness of judgment” means issued actually and directly resolved in a former suit can no longer be raised in any future case
between the same parties involving a different cause of action.
a. Conclusiveness operates as a bar even if there is no identity of cause of action.
4.
Distinguish from MD under Rule 16 Demurrer to evidence under Rule 33
Demurrer to Basis Preliminary objections Insufficiency of evidence
Evidence under Rule By whom Defendant, against whom a claim is asserted. Defendant, against the complaint itself.
33 filed
When filed Within reglementary period of Answer After plaintiff has completed presentation of his evidence-in-
chief
Effect of Grant Denial Grant Denial
grant or Plaintiff may: Defendant must file an Plaintiff may Appeal. Defendant can still Defendant
denial 1. Appeal if dismissal Answer. Otherwise, he present evidence. may present
is with prejudice. will be declared in evidence.
2. Re-file if dismissal default. If grant of demurrer is reversed on Appeal,
is without defendant has no right to present his
prejudice. evidence.
Notes on grounds of dismissal:

1. Types of dismissal of action:
a. MD due to Forum Shopping (Rule 7)
i. Failure to comply with Rule on Certification
ii. Commission of acts constituting willful and deliberate forum shopping
b. MD due to Failure to Comply with Orders of Court
i. Failure to comply with order to implead an indispensable party (Rule 3)
ii. Failure to comply with order for bill of particulars (Rule 12)
c. MD before Answer (Rule 16)
d. MD by Plaintiff (Rule 17)
i. Upon notice of plaintiff
ii. Upon motion of plaintiff
iii. Due to fault of plaintiff
e. MD during Pre-Trial (Rule 18)
i. Failure of plaintiff to appear
ii. Failure of plaintiff to file a Pre-Trial Brief
f. MD by Demurrer (Rule 33)
g. MD of an Appeal
2. Court cannot dismiss a case motu proprio. There must be a motion.
a. EXCEPTIONS:
i. Non-waivable offenses.
ii. Dismissal due to plaintiff
iii. Summary Procedure
iv. Small Claims
3. Vague or indefinite allegations are not a ground for MD.
a. MBP
b. Mode of Discovery
Ground Instance Effect

Lack of jurisdiction When there is absence or improper service of summons Waivale
over person 1. It may be cured by:
a. Waiver or estoppel
b. Court allowing the correction of improperly served summons
through issuance of alias summons or re-service by sheriff.
c. Subsequent filing of defendant of MR
d. Submission of compromise agreement with approval of court
e. Voluntary appearance
2. Filing of an MD is not considered a voluntary appearance and defendant may
include other grounds.
Lack of jurisdiction 1. It is not within the jurisdictional amounts of the Not waivable.
over subject matter court. EXCEPTIONS:
2. It is not one of the cases covered under BP 129. 1. Estoppel by Laches under Tijam vs. Sibonghanoy.
3. It is not one of the cases covered by special laws. 2. When a counterclaim is within RTC.
Litis Pendentia and 1. Splitting of causes of action. Not waivable.
Res Judicata 2. Cases are based on same cause of action and with
same prayer Notes:
3. Judicial compromise 1. GR: Judgment or order on merits is rendered after consideration of
evidence or stipulations.
a.  (there can be res judicata even without a trial):
i. Judgment on pleadings (Rule 34)
ii. Summary judgment (Rule 35)
iii. Order of dismissal (Rule 17)
2. Judicial compromise has effect of res judicata. It is immediately
executory and not appealable.
3. There is substantial identity of parties when there is a community of
interest between the first case and the second case, even if the latter
was not impleaded in the first case.
a. Principle of Res Judicata may not be evaded by mere inclusion
of additional parties to the first and second action.
Prescription 1. Stated in Civil Law. It must be apparent from the allegations of the complaint.
2. If there are multiple counterclaims and some If it involves evidentiary matters requiring a full-blown trial, it cannot be
have already prescribed. determined in an MD.
Statute of Frauds 1. Stated in Civil Law.
2. If contracts covered by Art 1403 are not in
writing or subscribed by parties.
3. Executory contracts
Failure to State Cause 1. Allegations in the complaint is not sufficient to It is waivable.
of Action render a valid judgment in accordance with the Failure to state cause of Lack of cause of action under
prayer of the complaint. action under Sec 1, Rule 16 Rule 33
a. No allegation that there is an act or Difference Failure of pleadings to state Failure of proof to establish a
omission by the defendant which a cause of action. cause of action.
violated the right of the plaintiff. How From allegations, without Only from evidence presented to
b. Cause of action is premature. determined any reference to evidence or support the claim.
2. Action is not prosecuted or defendant in name of matters aliunde
real party
3. Real party in interest or indispensable party is not
impleaded.
4. Ultimate facts do not state those details required
in the pleading
Lack of legal capacity Plaintiff does not have the necessary qualifications to Lack of Legal Capacity to Lack of Legal Personality to Sue
to sue appear because he is not in the full exercise of civil Sue
rights. Cause General disability to sue: Not the real party in interest.
6. Corporation files a case after its dissolution and 5. Minority
lapse of 3-year grace period. 6. Insanity A case is dismissible for lack of
7. Unlicensed foreign corporation doing business 7. Incompetence personality to sue upon proof
cannot sue but can be sued. 8. Lack of juridical that the plaintiff is not a real
personality party in interest, hence
9. Other general grounded on failure to state
disqualification cause of action (Go vs. Cordero,
s of a party. 2010).
Being a ground Lack of legal capacity to Failure to State Cause of Action
for MD sue.
Conditions precedent There is a cause of action but conditions were not Not waivable.
complied with:
 Prior barangay conciliation Note:
 Arbitration clause in contracts 1. if failure to state compliance of these conditions in the pleading,
 Certificate of non-forum shopping ground is not Conditions Precedent but Failure to State Cause of
 Compromise between members of the same Action.
family 2. Prior demand is not a condition precedent for the filing of an action for
 Tender of payment required before making a SP.
consignation a. Art 1169 states that, “those obliged to deliver or to do
something incur in delay from the time the oblige judicially or
extra-judicially demands the fulfillment of obligation”.
b. Thus, filing of an action or collection in itself is a form of
demand which will put the obligor in default.
3. Earnest efforts to compromise between members of same family
applies only to civil actions and suits, not to special proceedings.
a. There is no need to aver earnest efforts in a petition for
judicial settlement of estate.
4. Plaintiff can still amend the pleading to include the conditions
precedent as long as order of default has not finalized because MD is
not a responsive pleading.
Payment, waiver or It hypothetically admits the allegations of the complaint but the court is not
abandonment of claim confined to the allegations.
J. Dismissal of Actions
Dismissal upon Sec 1, Dismissal by notice Dismissal by motion Dismissal by fault
notice by the Rule Grounds For whatever reason or even without reason. If plaintiff does not state a reason, it 1. He fails to appear on date of presentation of his
plaintiff 17 is deemed a dismissal without prejudice. evidence in chief
Dismissal upon Sec 2, 2. He fails to prosecute his action for an
motion of Rule unreasonable length of time
plaintiff 17 3. He fails to comply with Rules or any court order
Dismissal due to Sec 3, What filed Notice of dismissal MD 1. Motion of defendant
the fault of Rule 2. Motu proprio
plaintiff 17 When filed Before: After:
1. Service of answer 1. Service of answer
2. Motion for 2. Motion for summary judgment
summary judgment
Court action Court shall issue an order Because it is a motion, court shall conduct a
confirming the dismissal. hearing first.
Effect of dismissal Dismissal shall be without Dismissal shall be without prejudice With prejudice because it has an affect of adjudication upon
prejudice, unless otherwise EXCEPTIONS: the merits
stated in the notice 1. Otherwise stated in the MD :
2. Stated to be with prejudice in the
order of court
Effect on existing Survival of counterclaim 1. If defendant has pleaded a counterclaim before he was served of the notice of plaintiff’s motion for
claim before motion for dismissal dismissal, dismissal shall be limited only to the complaint.
in Sec 2 2. Defendant has the right to prosecute his counterclaim:
a. In a separate action
b. In the same action if he manifests his preference within 15 days from the notice of the
motion.
Survival of counterclaim and Counterclaim and cross claim will survive.
cross-claims despite fault of
plaintiff under Sec 3
Dismissal of counterclaim, Counterclaims, cross-claims or third-party complaints may also be dismissed by:
cross-claim or third-party 1. Notice of plaintiff
complaint 2. Motion of plaintiff
3. Fault of plaintiff
If dismissal of counterclaims, cross-claims or third-party complaints are done through notice (showing
Voluntary Dismissal)), notice must be made before:
1. Responsive pleading
2. Motion for summary judgment is served
3. If none, before introduction of evidence at trial or hearing
Voluntary
dismissal of
existing claims
Two Dismissal If plaintiff files a notice of
Rule dismissal again, it operates as
an adjudication upon merits
because plaintiff had an action
based on it or a same cause
included in it once dismissal in
a competent court.
Effect if it is a Class should shall not be dismissed or
class suit compromise without approval of court.
Notes on dismissal by Dismissal by Notice:

1. A motion is not necessary.
2. Even if the defendant has already filed an Answer, dismissal shall still be a matter of right before it was served to the plaintiff. It only ceases to be a matter of
right when an answer or motion for summary judgment has been served.
3. Dismissal is without prejudice.
a. EXCEPTIONS:
i. If otherwise stated in the notice of dismissal.
1. It is the plaintiff that provides a reason to prevent the refiling of the complaint such as when he recognizes the fact of prescription
or extinguishment of obligation.
2. If he does not give any reason at all why, it is presumed to be without prejudice.
ii. Under Two-Dismissal Rule
iii. Even if the notice of dismissal does not provide that it is with prejudice, it it is premised on a fact that makes it a dismissal with prejudice
(payment, litis pendentia and res judicata).
4. It is effective upon its fling in court.
a. It is ipso facto upon notice.
Notes on Two Dismissal Rule:

1. If the plaintiff had once dismissed in a competent court a complained based on the claim subject of the second dismissal, defendant may move to MD based on
Res Judicata.
2. Second dismissal is by notice while first dismissal may be by notice or by motion of the plaintiff.
a. The Two-Dismissal Rule will only apply if the second dismissal was by notice. Hence, if it was by motion, Sec 2, Rule 17 (Dismissal by Motion) will apply
and not Sec 1 (Dismissal by Notice).
3. Dismissal of the second complaint is not outright. Observe first whether the 15-day period before the Order of Dismissal finalized. Order of Dismissal is not
immediately executory. Before then, plaintiff can ask the court to lift the consequences of the Two-Dismissal Rule (most like, he can turn the notice of dismissal
into a motion to exclude it from the Rule).
Notes on Existing Counterclaims:

1. Alternative remedies of defendant are available regardless if his counterclaim is compulsory of permissive.
2. GR: Ancillary proceedings are dismissed if the complaint is also dismissed.
a. EXCEPTIONS: Ancillary counterclaim under Rule 17.
Notes on Dismissal due to Fault of Plaintiff:

1. While it is the sheriff’s duty to serve summons, plaintiff should see to it that sheriff complies with his duty. If he neglects to follow up, action may be dismissed for
failure to prosecute.
2. This does not apply to plaintiff’s failure to appear during defendant’s presentation of evidence. This will only result to waiver of right to object or cross-examine.
3. Dismissal with prejudice under Sec 3, Rule 17 cannot defeat the right of a co-owner to ask for partition at any time, provided there is not actual adjudication of
ownership of shares yet.
a. Between dismissal with prejudice under Sec 3 Rule 17 and right granted to co-owners under Art. 494, Civil Code must prevail.
b. Art. 496 also states that “partition shall be governed by RC insofar as they are consistent with this Code”.
4. Failure of plaintiff to file a Motion to Set the case for Pre-trial may result to dismissal due to plaintiff’s fault due to nolle proseque or failure to prsoecute. A
motion to set case for pre-trial is the plaintiff’s duty.
K. Pre-Trial
Concept of pre- Sec 1, It is mandatory conference and personal confrontation before the judge between parties and their respective counsel.
trial Rule 18 The plaintiff has the duty to set the case for pre-trial after the last pleading is served and filed.
1. Failure to do move ex-parte will result to dismissal of complaint for Failure to Prosecute.
2. AM 03-1-09-SC which states, “within 5 days from date of filing of Reply, plaintiff must promptly move ex parte that the case be set for Pre-Trial Conference. If the
plaintiff fails to file said motion within the given period, branch clerk of court shall issue a notice of pre-trial”, does not relieve the plaintiff of the duty to promptly
move the case, nor does it repeal Sec 3 Rule 17 that allows dismissals due to plaintiff’s fault.
a. It accommodates the outright dismissal of complaint upon plaintiff’s failure to show justifiable reason for not promptly setting the case for pre-trial.
Nature Sec 2, Nature 1. Parties cannot move to terminate the pre-trial and set to trial.
Rule 18 2. In case the trial proceeded without Pre-Trial and an adverse decision was made against one of the parties, he cannot move for setting aside
judgment since termination was made with his consent. The judge however may be subjected to disciplinary action.
Purpose Possibility of amicable Jurisdiction over parties is determined by:
settlement and 1. Pleadings filed in the case by parties
submission to ADR 2. Agreement in a pre-trial order or stipulation
3. Implied consent as by failure of a party to object to evidence on an issue not covered by the pleadings
Simplification of issues 1. Trial is rendered only when there are triable issues. Pre-trial defines and limits what those issues are.
2. Subject to Rules on Consolidation, and unless the court for special reasons otherwise directs, trial shall be
limited to the issues stated in the Pre-Trial Order (Rule 30).
Necessity or desirability After issuance of pre-trial order, answer may no longer be amended as a matter of right if such amendment would raise an
of amendments issue not included in the pretrial order.
Possibility of obtaining Stipulations of Fact:
stipulations or 1. Even if there is probandum (fact in issue) stated in the Pre-Trial Order, there will be no trial if parties agree to
admissions of fact and submit a Stipulation of Fact.
of documents to avoid 2. Pre-Trial Brief may contain facts stipulated upon by parties. But if there is no actual Stipulation of Facts as
unnecessary proof contemplated in Sec 6 Rule 30.
3. Even though Sec 6, Rule 30 states that Agreed Stipulations of Facts are in writing, those orally made during Pre-
Trial are binding because these are considered judicial admissions, which also no longer require proof or
introduction of evidence.
Obtaining documents
1. Only evidence identified in Pre-trial shall be presented and offered in Trial.
2. Documents presented and marked during Pre-Trial can be considered evidence even if not formally offered.
a. GR: Documents not formally offered in evidence shall not be considered.
b. EXCEPTION:
i. When the following requisites are present:
1. Same must have been duly identified by testimony duly recorded
2. Same must have been incorporated in the records of the case.
Limitation of number of witness
Advisabiltiy of a One of the purpose of Pre-Trial is consider the advisability of having a Trial by Commissioner.
preliminary reference of Instances where thre is Trial by Commissioner:
issues to a 1) Rule 9 (Ex-Parte Proceedings)
commissioner 2) Rule 18 (Pre-Trial) if defendant does not appear during pre-trial conference and does not authorize anyone to
appear on his behalf, or he does not submit a pre-trial brief, sanction imposed is to allow the plaintiff to present
his evidence ex parte
Propriety of rendering: Judgment on the pleadings:
1. Judgment on 1. Plaintiff’s evidence should not be the only basis in resolving a Demurrer. “Facts” referred in Sec. 8 includes all
the pleadings means sanctioned by RC in ascertaining matters in judicial proceedings:
2. Summary o Admissions
judgment o Matters of judicial notice
3. Dismissal of o Stipulations made during pre-trial and trial
action o Admissions and presumptions
2. Judgment on the pleadings must be on motion of claimant.
o : if at pre-trial, court finds that judgment on pleadings is proper, it may render such judgment motu
proprio.
Dismissal of action
Even if issues are presented in the pleadings or pre-trial order, the court does not conduct a regular trial because it is
convinced that the issue is not a genuine issue. It is up to the movant to show that the issue is not genuine. Hence, there
will be a separate presentation of evidence just for showing that the issue is not genuine.
Advisability or necessity There should be grounds for suspension of action. Although this is one of the purposes discussed in Pre-Trial, there should
of suspending be grounds for suspension. However, these grounds are not in RC but in Title 14
proceedings
Other matters as may aid in prompt disposition of action
Notice of pre-trial Sec 3, 1. Notice of pre-trial shall be served on counsel. Separate notice to party is not required.
Rule 18 2. If party has no counsel, notice shall be served to him.
Appearance of Sec 4, 1. Both parties and their counsel shall appear at Pre-Trial.
parties Rule 18 2. Representative may appear in behalf of a party as long as he is fully authorized in writing to:
a. Enter into an amicable settlement
b. Submit to alternative modes of dispute resolution
c. Enter into stipulations or admission of acts and documents
3. Authority to compromise does not have to be in writing as long as authority is expressly made. If not in writing, it may be established by evidence. If
compromise agreement was entered without authority, it is unenforceable but may be ratified.
Pre-Trial Brief Sec 5, Contents 1. Statement of their willingness to enter into amicable settlement or ADR
Rule 18 2. Summary of admitted facts and proposed stipulation of facts.
3. Issues to be tried or resolved
4. Documents or exhibits to be presented stating purpose
5. Manifestation of intention to avail Discovery Procedures or Referral to Commissioners
6. Number and names of witnesses, and substances of their testimonies
How it is filed It should be filed with court and served on adverse party, in such a manner as to ensure receipt at least 3 days before date of Pre-Trial
and served
Pre-Trial It is the order issued by court upon termination of pre-trial which shall recite in detail the matters taken up in the conference, amendments allowed
Order to pleadings, and agreements or matters considered.
Should the action proceed to trial, order shall explicitly define and limit the issues to be tried.
Contents shall control the course of action, unless modified before trial to prevent manifest injustice.
Effect of failure Sec 5, Plaintiff Defendant

to appear Rule 18 Failure to Dismissal with prejudice, unless otherwise ordered by court. It is not a ground for default but effects of default are applied (court may allow
appear at pre- Same effect as Dismissal Due to Fault of Plaintiff in Sec 3 Rule 17. the plaintiff to present evidence ex parte and court to render judgment on its
trial basis.)
Failure to file Same effect as failure to appear
pre-trial brief
Remedy Appeal 1. MR
2. Petition for Certiorari under Rule 65 if there is grave abuse of
discretion.
Notes:
1. Non-appearance of a party may be excused only if a valid cause is shown or if a representative appears on his behalf in writing.
2. Absence of counsel does not ipso facto authorize the judge to declare the defendant as in default and order presentation of evidence ex parte.
a. There is nothing in RC that sanctions presentation of evidence ex parte on instances when counsel is absent during pre-trial.
b. A Show Cause Order to the absence counsel would be the more reasonable records.
3. Failure of plaintiff to appear allows the court to dismiss the complaint, by motion, and allow defendant to present evidence on his counterclaim.
a. Sec 3 Rule 17 applies by analogy and supplementary.
4. If plaintiff appears but does not submit a pre-trial brief, there could still be dismissal. If he submits a pre-trial brief but does not appear, there may still be
dismissal.
Declaration of default of defendant in Rule 9 Declaration of defendant in default under Rule 18

Cause Defendant fails to file an Answer within period for filing Defendant fails to appear in pre-trial or fails to file a pre-trial brief
Whether answer has been filed No Yes, thus be cannot be declared in default under Rule 9.
Ex parte hearing Court has discretion on whether: Hearing is for the sole purpose of receiving plaintiff’s evidence.
1. To render judgment based on the pleadings.
2. To ask plaintiff to submit evidence, in which case
there is a hearing:
a. Ex parte hearing proper
b. Ex parte presentation of evidence
Allowance of presentation of Court has discretion of whether to ask plaintiff to present Court shall allow.
evidence ex parte evidence ex parte
Extent of award Limited to what is prayed for in the complaint. May exceed that prayed for in the complaint.
Amendment to conform to It may not be applied because matters in the hearing ex May be applied because plaintiff may present evidence to prove
evidence. parte are limited only to allegations in the compliant. matters not alleged or prayed for in the complaint.
Remedy Motion to lift order of default, base don fraud, accident, MR, no need for recital of meritorious defense because it is already
mistake or excusable negligence and recite meritorious in the answer.
defense.
Distinction Civil case Criminal case

between Pre-Trial Pre-Trial Pre-Trial Conference (Rule 18) Preliminary Conference (Rule 48) Pre-Trial Conference (Rule 118
in Civil Case and Discretionary or Mandatory Discretionary Mandatory
Criminal Case mandatory
Stage in proceedings After last pleading has been served and At any stage in CA. It is available in: After arraignment and within 30 days the court
filed 1. Original actions (Rule 65 and acquires jurisdiction over person of accused.
66)  Maximum imposable penalty does not
2. Cases on appeal wherein exceed 6 years.
MNT was granted on ground  Accused agrees to use judicial affidavits,
of newly discovered irrespective of penalty involved
evidence  With respect to civil aspect of actions,
whatever the penalties are.
Court in charge RTC CA Court that acquires jurisdiction over person of accused.
Failure to appear Plaintiff Defendant Dismissal of petition. Sanctions on counsel of accused or prosecutor.
Dismissal with Presentation of
prejudice plaintiff of
evidence
Pre-trial brief Required Nothing stated Prosecution shall submit judicial affidavits of witnesses
not later than 4 days before pre-trial.
If accused desires to be head on his defense, he has the
option to submit as well.
Pre-Trial Order Proceedings shall be recorded. Proceedings shall be recorded. Court shall issue a Pre-Trial Order.
Upon termination, court shall issue a Upon termination, court shall issue a
Pre-Trial Order. Pre-Trial Resolution
L. Intervention
Requisites for Intervention It is a proceeding in a suit by which a third person with legal interest is allowed to make himself a party.
intervention Requisites 1. Legal interest:
o In the matter of controversy
o In the success of either parties
o Against both
o Person is so situated as to be adversely affected by distribution or other disposition of property in custody of court or of court
officer
2. It will not unduly delay or prejudice the adjudication of rights of original parties
3. Intervenor’s rights may not be fully protected if done in a separate proceeding.
Notes:
1. Jurisdiction over an intervention is governed by jurisdiction of main action.
2. Intervention is a prohibited pleading in ejectment cases and Summary Procedure
3. Forced intervention:
a. It takes place under Rule 39 and not Rule 19.
i. Garnishment
ii. Writ of preliminary attachment
iii. Levy on execution
b. When an account is in the hands of a stranger because account or property belongs to judgment obligor, garnishee becomes a forced intervenor even
if he is a stranger.
4. Actions for annulment or declaration of nullity of marriage or legal separation where defending party fails to answer, court shall order prosecuting attorney to
investigate whether or not there is collusion between parties. If there is no collusion, prosecuting attorney will intervene for the State to see to it that evidence is
not fabricated or suppressed.
5. Civil action for recovery of civil liability is instituted in criminal action, offended party may intervene by counsel in the prosecution of offense.
6. Class suit, any party-in-interest shall have right to intervene to protect his individual interest.
P filed an action for recovery of possession of land in Cavite against DE. Action was filed in RTC Las Pinas where NO. DE had waived the ground of improper venue
P resides. DE filed their answers alleging that action had already prescribed. when they did not raise it in their answers. An
intervention cannot legally alter the nature of
X filed to intervene. He alleged that land had been sold to him by DE and raised the affirmative defense of action and issues joined by original parties.
improper venue. Can the court dismiss the action based on improper venue?
Time to intervene Sec 2, GR: It is allowed at any time before rendition of judgment by trial court. After lapse of this period, it will not be warranted anymore because intervention is not an
Rule 19 independent action but is ancillary and supplemental to existing litigation.
EXCEPTIONS:
1. Intervenor is an indispensable party and had not known of the existence of case before trial court and effect of final order is to deprive him of his property.
2. Intervenor is Republic
3. Necessary to protect some interest which cannot otherwise be protected, and for purposes of preserving intervenor’s right to appeal
4. Avoid injustice
Notes:
1. Answer to a complaint-in-intervention shall be within 15 days from notice of order, unless a different period is fixed by court. A shorter period may be fixed.
a. Failure to file an answer may be decalred in default since filing of answer is mandatory.
2. Third party whose property has been levied pursuant to a final and executory judgment should not move to intervene but may file a third-party claim.
3. Absent a showing that corporation has been dissolved and is in the process of liquidation, its stockholders have no personality or interest to intervene in a
litigation involving corporate property.
4. Lawyer can intervene to protect his rights under a contingent fee agreement.
Remedy for Denial for other grounds Denial due to lapse of

denial of motion time to file
to intervene Remedy Appeal File a separate action
Period Judgment not yet rendered at time of denial of motion Judgment already rendered
30 days from notice of order, taken by filing a notice of appeal and a record of 15 days taken by filing a notice
appeal. of appeal alone.
This is because an appeal from order denying intervention is a separate appeal.
Other remedies:
1) Mandamus, if there is grave abuse of discretion
2) Certiorari and prohibiton, if there is iproper granting of intervention
M. Subpoena
Suboena duces Sec 1, Duces Tecum Ad Testificandum
tecum Rule 21 Definition Subpoena directed to person requiring him to attend and to testify at Subpoena requiring him to bring any books, documents or other things under
Subpoena ad the hearing, trial, or any investigation, or for taking his deposition. his control
testificandum Grounds for 1) Unreasonable and oppressive 1) Witness is not bound by it
MQ a. Has the tendency to infringe on right against a. VITATORY RIGHT: A witness is not compelled by virtue
invasion of privacy of service of subpoena if he resides more than 100km
2) Relevancy of books, documents or things does not appear from place where he is to testify by ordinary course of
a. Documents are not specifically described or travel.
designated. b. Parental and Filial Privilege—where witness is being
b. They are covered by privilege like attorney-client called to testify against his parents, other direct
privilege ascendants, children or other direct descendants
c. They are covered by RA 1405 or Banks Secrecy c. Privileged Communication
Law, but note exceptions. i. Husband and wife as to communication
d. They are covered by Foreign Currency Law received in confidence during marriage
e. Executive Privilege ii. Attorney or his secretary as to legal advice
3) Person in whose behalf the subpoena is issued fails to given to client
advance the reasonable cost of production iii. Doctor, in a civil case, as to advice or
treatment given to his patient
iv. Priest regarding a confession made to him
v. Public officer as to commnunication made
to him in confidence
d. Executive Privilege
2) Witness fees and kilometrage allowed by these Rules were not
tendered when subpoena was served.
Service of Sec 5, 7, 1) Service shall be made in the same manner as personal or substituted service of summons.
subpoena Rule 21 2) Original shall be exhibited and a copy delivered to the person on whom it is served, tendering to him the fees for one day’s attendance and kilometrage
allowed by Rules
a. : When a subpoena is issued by or on behalf of Republic or an officer or agency thereof, tender need not be made.
3) RC does not state that service may be made through party’s counsel. IT should be personal or substituted service. However, court may for justifiable reasons
authorize any suitable person to serve the summons under Sec 3 Rule 14.
Compelling Sec 8-9, Bench Warrant Upon proof of service and of failure of witness, court may issue a warrant to sheriff of province, or his deputy to arrest the witness and bring him
attendance of Rule 21 before court or officer where his attendance is required.
witnesses; Indirect Court has power to punish for indirect contempt any person who fails to obey without adequate cause of subpoena served upon him
Contempt contempt
Viatory right Sec 10, A witness is not compelled by virtue of service of subpoena if:
Rule 21 1. He resides more than 100km from place where he is to testify by ordinary course of travel
2. He is a detention prisoner if no permission of court in which his case is pending was obtained
NOTE:
 Not available in criminal cases.
 It may not be invoked against subpoena duces tecum
Deposition This is the remedy of party in case he wants to present in evidence the testimony of reluctant witness who resides more than 100km from his residence.
1. He should serve to every other party to the action a notice to take deposition pursuant to Sec 15 or Sec 25 of Rule 23.
2. Under Sec 24, Rule 23, deposition of witness may be used by any party for any purpose if the court finds that the wintess resides at a distance more than 100km
from place of trial or hearing.
3. Proof of service of notice to take deposition shall be sufficient authorization for issuance of subpoena by the Clerk of place where deposition is to be taken. The
clerk shall not issue subpoena duces tecum to any person without an order of court.
N. Modes of Discovery
Depositions Rule 23 Meaning of deposition 1. It is device for ascertaining facts relative to the issues of the case.
pending action; and 2. This enables parties, to obtain the fullest possible knowledge of issues and facts before civil trials and thus prevent the said trails from
Depositions Rule 24 being carried out in the dark (San Luis vs. Roxas)
before action 3. These serve the double function of:
or pending a. Method of discovery with use on trial not necessarily contemplated
appeal b. Method of presenting testimony (Hyatt Industrial vs. Ley Construction, GR 147143)
Scope of examination Deponent may be examined regarding any matter that is:
1. Not privileged
2. Relevant to the subject of pending action, whether relating to claim or defense, including existence, description, nature, custody, condition
and location of any books, documents or other tangible things and identity and location of persons having knowledge of relevant facts.
Rule 23 (Depositions Pending Action) Rule 24 (Depositions Before Action or Pending Appeal)
1. This rule defines most of the principles. It 1. It is a deposition but in a situation where there is no case
applies to 24, 25 and 26. yet and you can already foresee that there is a need for a
2. It is for depositions but for cases that are testimony and you need that testimony for that.
already pending. 2. It is slightly different from Rule 23 because you have to
3. Isn’t it a superfluity for me to take the initiate the case in order for there to have a compulsion to
deposition of someone under the depose.
consequences of an already pending 3. The same principle applies pending appeal. If you are in the
action? No. It is a discovery tool and you middle of two situations from trial to appeal, you can
have the option to advance it. already depose a testimony.
Petition There is a pending case: Deposition before action Deposition before
1. Party must ask leave of court if or after appeal
before adverse party has filed his Party may file a petition for deposition in File a motion
Answer. If adverse party has filed it, order to preserve his own testimony or that before the court in
there is no need for leave of court. of another person regarding any matter which judgment
2. Court must have already obtained within the jurisdiction of Philippine courts. was rendered.
jurisdiction over the person of the 1. He must file it before the RTC of
defendant or over the property the place of residence of any
subject to the action. expected adverse party to take
3. Attendance of witnesses may be the deposition.
compelled by the use of a subpoena
as provided in RULE 21.
4. Depositions shall be taken only in Personal notes:
accordance with these Rules. 1. Because there is no pending case, how will you be able to
5. Deposition of a person confined in compel a party to give a deposition if there is no
prison may be taken only by leave of compulsion or order from anyone? Therefore, it
court on such terms as the court necessitates that you initiate some kind of action. If it is a
prescribes. personal action, go to your residence of mine. If it is a real
action, where the property is located.
2. How do I know where to go if it is for a future case? RC says
go to where the other party lives. Is this the adverse party
or witness? The expected adverse party and not necessarily
of the witness.
3. Same principle for Appeal. There is a decision by lower
court but appeal not yet resolved or records still being
submitted but you need urgent testimony to be recorded.
Grounds for 1. Not privileged Deposition before action Deposition before or after
allowance 2. Relevant to the subject of pending appeal
action made by the pleadings or likely Prevent a failure or delay of Prevent a failure or delay of
to arise under the pleadings. justice. justice.
3. Under such limitations as the court
may order under SEC 16 and 18; not
restricted by a protected order.
Uses Deposition of party Deposition of witness
Purpose 1. To contradict of impeach the testimony of 1. To contradict or impeach testimony of the witness
the party 2. For any purpose, if the court finds:
2. For any purpose, i.e., offer it in evidence a. Witness is dead
in support of his claim. b. Witness is out of province, or at a
greater distance than 50km from place
of trial or hearing, or is out of the
Philippines, unless his absence was
procured by the party offering the
deposition.
3. He is unable to attend to testify because of age,
sickness, infirmity or imprisonment.
4. Party offering the deposition has been unable to
procure the attendance of witness by subpoena.
5. Upon application or notice, exceptional
circumstances to make it desirable in the interest
of justice, and with due regard to importance of
presenting the testimony of witness orally in open
court, to allow the deposition to be used.
Effect of 1. No waiver of right to object its admissibility.
participation in 2. The act of cross-examining the deponent during the taking of deposition, nothing more, cannot be
deposition considered a waiver of the right to object to its admissibility as evidence in the trial proper. A party is not
estopped from challenging the admissibility of the deposition just because he participated in its taking
(Sales vs. Sabino, GR 133154).
Effect of using GR: Introduction in evidence of the deposition or any part of it for any purpose makes the deponent the witness of the
deposition party introducing the deposition.
EXCEPTIONS:
1. Where the party used the deposition to contradict or impeach the testimony of the deponent in court.
2. When the deponent is an officer, director or managing agent of the adverse party.
Effect of 1. GR: Right of a party to use deposition previously taken before the substitution is binding on the substituted
substitution of parties (Sec 5(.
parties and 2. When an action has been dismissed and another action involving the same subject is filed between the
dismissal of same parties, depositions taken in the former action may be used in the latter as if originally taken
action on right therefore (Sec. 5).
to use
deposition
Disqualification 1. Officer is within 6th degree of consanguity or affinity of any of the parties.
of deposing 2. He is counsel or employee of any of parties.
officers 3. He is relative within the same degree of employee of such counsel.
4. He is financially interested in the action (Sec. 13).
When may objections to When to raise Notice of deposition Written objections should be promptly served to the party who
admissibility be made objections to gave notice
errors or Disqualification of officer 1. Before the taking of deposition
irregularities in 2. Soon thereafter as the disqualification becomes
depositions known or could be discovered
Competency or relevance of evidence GR: When deposition is introduced as evidence
: Ground of objection might have been obviated or removed if
present at that time
Manner of taking, form of answers, oath or At the taking of deposition
affirmation, conduct of parties
Form (not substance) of written Within time for filing of answer to interrogatories to parties or
interrogatories cross-interrogatories.
If it is of the substance, you can wait until it is offered in court.
If it is an issue of form, you have to raise it at that moment.
Manner in which testimony is transcribed or Within reasonable time from notice of such defect
deposition prepared, signed, certified, sealed,
transmitted or filed
Failure to raise GR: Objections are deemed waived.
timely : Objections to competency, relevancy, or materiality of testimony are not waived even if not raised before or during
objections to the taking of deposition.
errors or
irregularities
When may taking of Grounds for 1. Examination is being conducted in BF

deposition be terminating or 2. In such manner as unreasonably to annoy, embarrass, or oppress deponent or aprty
terminated or its scope limiting 3. Inquiry touches upon irrelevant or encroaches upon recognized domains of privilege.
limited 4. When constitutional privileges against self-incrimination is invoked by deponent or by counsel on his behalf
Effect RTC of place where deposition is being taken may order:
1. Deposing officer to cease from taking the deposition. It shall only resume only upon court order.
2. Limit the scope and manner of taking.
Upon demand of objecting party or deponent, taking shall be suspended for time necessary to make a notice for an
order.
Transcript Notes:
The main mode of discovery is Depositions.
DEPOSITION: advanced taking of testimony.
1. What makes it unique is I can take someone’s testimony even before the person is called as a witness in trial.
2. By the time the witness is set for hearing, you are bound to his testimony. When you think of deposition, the taking of testimony of the person does not compel
you to present him as your witness at that point. Consequently, you are not compelled to accept his credibility as witness. This allows you to see what this person
has to say and weighing it if it is valuable to you.
3. (VVIP) The taking of its deposition and completely different from its use.
a. Taking is purposely brought. I can take the deposition of anyone for any purpose.
b. However, RC presents limitations as to when you can present it.
c. If it is about use, there is a list when you need to master it.
d. Depositions are useful to you only in the absence of testimony that you want. It is not “in lieu of”. If the witness is not available, you cannot present
the deposition in place of the testimony. You can only only do so after some limiting contingencies.
e. It is a situation on whether there is an availability. If the witness is not presented in open court, depositions are not admissible because it was not
subjected to court proceedings and court examination.
4. In Rule 24, there is no pending action. In fact, you cannot just ask for a leave to get a deposition—you have to initiate the action itself.
5. Ways to depose (applicable to Rule 23 and Rule 24):
a. Actually depose orally
b. Send written interrogatories
6. Favorite questions in the Bar
Oral Depositions Written Interrogatories Interrogatories to Parties under Rule 25
How You do it literally through Instead of Q&A, you send in advance your question for deposition officer Direct service to parties of document of
Q & A. to read out to the deponent and to record. questions.
What is the difference? If The answers will be served back to you in turn.
I do it anyway, why don’t
I do it in court? You can
do it in your own time and
outside court premises.
I am serving a copy to the hearing officer to lead my questions to deponent It is serving directly to the party in the action
in a deposition taking (cross, re-direct, re-cross). The officer will record it. and with him answering it directed.
Once the transcript is completed, it should appear no different from
someone doing an oral examination.
It can be served to anyone. It must be served to a party.
To Whom Someone who should There is also a third party who will conducts deposition.
supervise it. It’s a
deposition officer.
7. If I talk about depositions, does it mean I can talk about anything? Theoretically speaking, yes because I am not in court. But under Sec 2 Rule 23, it is still confined
to matters that are not privileged and that are relevant to the future or pending action . It can talk about something connected to my claim or defense. I can talk
about existence and description, nature, custody and location of things, books and other tangible things and identity of person having knowledge of relevant facts.
8. When can I avail it? GR: Motions that are cut-off by the filing of an Answer require a leave of court after the filing of the Answer.
a. EX: Amendments—Because there is no prejudice to the opposing party prior to the responsive pleading, therefore he has not given me any advantage.
Thus, I can change my complaint before the Answer.
b. : In depositions, reasons:
i. If the reason of discovery is to learn new things, I might be preempting or it might be superfluity because I am asking for matters or
information that I might have already obtain if only I waited for the Answer.
ii. How do you know what is truly relevant if the issues have not yet been joined?
Rules Before Answer After Answer Notes

23 Pending action  Leave Matter of right If the reason of discovery is to learn new things, I might be
24 Prior to action and before appeal  Leave Matter of right preempting or it might be superfluity because I am asking for
matters or information that I might have already obtain if only
I waited for the Answer.
25 Interrogatories to Parties  Leave Matter of right
26 Request for admission Not allowed Matter of right Distinction is no longer present. It is the closest thing to a
repetition of an Answer. In your Answer, you are required to
admit, deny and state your own version of story. Why would
you preempt it with a Request for Admission.
27 Production or inspection of documents and things  Leave  Leave Always with leave because it is always by motion.
28 Physical and mental examination
9. A normal situation featuring an Answer Ad Cautelam (“without prejudice to my other defenses”) is when I challenge the jurisdiction of the court over my person
but the court denies my motion to dismiss, I am not raising against time because I either have the remainder of the period to file my Answer in no case less than 5
days.
a. I know that if I don’t file an Answer, I run the risk of default if I don’t file an Answer.
b. Meanwhile, I can go up to the CA through Certiorari.
c. What do I do? I file an Answer Ad Cautelam for the record just so I don’t suffer from the risk of being in Default but the court should not consider the
Answer as a submission to its jurisdiction.
10. What is the relevance of an Answer Ad Cautelam to depositions? There is jurisprudence defining it as an answer nonetheless. If someone interprets the Answer
Ad Cautelam to be a non-answer, the effect on depositions is you have to ask for a leave of court. In one case, SC held that an Answer Ad Cautem is still an answer
for the purposes of filing a deposition. Hence, there is no need for leave of court.
11. In terms of filing a leave of court, service of the Answer is the cut-off because filing and service may not be at the same time. It may be filed but you have not
received it because it was through registered mail. Always say service as the cut off because filing and service may not be at the same time. Thus, it is upon service
of answer.
12. Depositions have a double function: I can use it to discover information and to preserve the testimony
13. Some important jurisprudence:
a. If on one hand you are asking, the other party should have some defenses to resist it.
i. Is self-incrimination a valid defense? Let’s say there is a pending case, and the questions touch on the topics discussed in the pending case,
can I self-incrimination is a valid defense? It is not a ground to refuse taking absolutely but it may be a a ground to refuse in a per question
basis (Rosete vs. Lim, GR 136051).
ii. Can I say that the deposition will unduly delay the case? NO (Hyatt Industrial vs. Ley Construction, GR 147143).
iii. If the idea of deposition is to preserve testimony and I resist on the ground that there is no showing that I will not be available or the
proponent will be available during trial, can I object at that stage? NO. Taking is different from use. Availability of deponent is not a ground to
refuse the taking of deposition. Raise that defense upon introduction in the trial itself. You already have transcript and you will introduce it
during trial if I fall under the circumstances provided for in the RC. At that point, the other party can say that the witness is available or he
does not fall under the circumstance. However, upon taking, the only reason to refuse the deposition is if the court denies under situations
where there should have been leave (before Answer).
14. Can I be asked for anything? At that point, that is where the Rules are restricting. Now that you are within the context of actual deposition takin, you can look at
the facts and keep in mind that if there is a listing, there is also an exclusion. So I only say relevant facts, then I can exclude to irrelevant facts obviously.
15. What do you to now if you want to take an oral or written interrogatories?
Oral Examination Written interrogatories
Requirement Notice stating: Notice and written interrogatories shall be served upon the adverse party,
s 1. Time and place for the taking of deposition. stating:
2. Name and address of person to be examined and the 1. Name and address of deponent
deposing officer. 2. Name, address and descriptive title of the deposing officer
Period for serving cross, re-direct, recross:
1. 10 days—Cross
2. 5 days— Re-direct
3. 3 days— Re-cross
Remedy from Protection Order (SEC 16 for Oral Examination, SEC 28 for Written Interrogatories):
a notice of 1. That it may be taken only on written interrogatories or oral interrogatories
deposition 2. That certain matters shall not be inquired into
3. That secret processes, developments or research need not be disclosed
4. To protect the deponent from annoyance, embarrassment or oppression
Manner of 1. It may be taken before a judgment, notary public or any person authorized to administer oaths when parties so stipulate in writing (Sec 10
taking and 14, Rule 23).
deposition in 2. Deposing officer shall put deponent on oath and shall, personally or by someone acting under his discretion and in his presence, record the
the testimony of the witness.
Philippines 3. All objections made at the time of examination to the qualifications of the deposing officer, manner of taking it, evidence presented, conduct
of any party and any other objection to the proceedings shall be noted by the deposing officer (Sec 17).
4. Evidence objected shall be taken subject to the objections.
5. In lieu of oral examination, a party may opt to submit written interrogatories to the deposing officer who shall propound them to the witness
and record the answers in verbatim (Sec 17).
6. Certification and filing by deposing officer (Sec 20) and Notice of Filing to parties (Sec 27).
Manner of Depositions may be taken before:
taking 1. Secretary of embassy or legation, consul general, consul, vice consul, consular agent of RP (Sec. 11)
depositions 2. Person or officer as may be appointed by commission or foreign court or tribunal under Letters Rogatory (Sec.11)
abroad 3. Any person authorized to administer oaths as stipulated in writing by parties (Sec. 14).
Remedy from At any time during the taking of the deposition, party or deponent may move for:
unreasonable 1. Protective order
conduct of a. Examination is being conducted in BF.
deposition b. It is being conducted in a manner to annoy, embarrass or oppress the person
c. Inquiry touches on irrelevant facts
d. Inquiry encroaches upon recognized domains of privilege
2. Termination of taking of deposition
3. Limitation of scope and manner of taking deposition
16. Even identity of depositing officer is material because I can move to disqualify him or her.
17. If it is by written interrogatories, why am I required to send a notice very similar to Oral Examination if it is an exchange of documents anyway? It is not an exchange
of documents per se but a submission of documents to a hearing officer who will read it, acting like he is asking the questions as if you were there. This allows you
to be absent.
18. If you serve a written interrogatory, it is but fair that the other party should be allowed to serve cross, re-direct and re-cross. How do I do that if we are not all
present? That is why, there are periods. The hearing officer pleads all of them for you and will record the answers.
19. Who shall answer if interrogatories served on juridical entities? Any competent officer who can testify the entity on its behalf.
20. Before whom do you file the Protection Order? It is filed before Any judge, notary public or any person authorized to administer oaths when parties so
stipulated in writing.
a. The burden is on the deponent to get the protection order. Otherwise, the party taking the deposition has relative freedom.
b. If you are actually in trial, the person is already bound by many rules. Here, you have to ask for a protective order because hearing officer cannot give it
to you.
21. Most common manner of taking it is before notary public, provided it is within his Commission.
a. The questions will look very much like direct and cross. Therefore, these might also be adversarial or might border on objectionable.
b. When a party objects, can the hearing officer rule on it? NO. He just notes it. That’s why the big debate really happens when you open the transcript in
open court. First is, you challenge whether the use is proper. Next is the propriety of its use. Since the transcript is still sealed, I go through the
objections I raised previously and I ask the court to rule on them. It is similar to Judicial Affidavit Rule.
22. Commission vs. Letters Rogatory
Commission Letters Rogatory
Definition Instrument issued by court directed to Magistrate or any individual to take depositions. Request to a foreign court to give its aid to secure the desired
information.
Commission Letters Rogatory

Definition Instrument used to authorize a person to take depositions or to do any other Instrument sent in the name and by authority of the judge
act by authority of such court or tribunal (Dasmarinas Garments Inc. vs. or court to another, requesting the latter to be examined
Reyes, GR 108229). upon interrogatories, a witness who is within the
It is addressed to officers designated by name or descriptive title. jurisdiction of the judge or court to whom such letters are
addressed (Dasmarinas Garments Inc. vs. Reyes, GR
108229).
It may be applied for and issued only after commission has
been returned unexecuted.
To whom issued Issued to a non-judicial foreign officer who will directly take the testimony Issued to appropriate judicial officer of the foreign country
who will direct somebody in said foreign country to take
down testimony
Applicable rules Applicable rules of procedure are those of the requesting court Applicable rules of procedure are those of the foreign court
requested to act
When resorted to If permission of the foreign country is given If the execution of the commission is refused in the foreign
country
Necessity of leave of court Leave of court not necessary Necessary
23. Methods of procedure under Letters Rogatory are under the control of the foreign court.
24. Hearing officer cannot give you the protective orders, termination or limitation of deposition. The court will issue it.
25. Taking of deposition:
a. There is no effect in taking the deposition. A party taking the deposition is not bound to make the deponent his own witness.
26. Deposition of officer, director or managing agent of a juridical entity which is a party to an action is considered a Deposition of a Party. It may be used for such
purpose.
27. If deposition is contradicting to the party’s testimony in court, the deposition can be used to impeach his testimony.
28. If now have his testimony and he is my adverse party, I can use it for any purpose including to prove my main claim.
a. Plaintiff filed a case against defendant. He sought deposition of defendant and took it by oral examination. Hence the transcript. Upon presentation of
evidence of plaintiff, he presents the very deposition to prove his main cause of action without showing that the defendant was unavailable. Is it valid or
not valid? VALID, because there is no need to prove his unavailability if the deponent is an adverse party.
b. There is no need to prove qualifications under Depositions of Witness if the deponent is an adverse party because you can use the deposition for any
purpose.
29. The main qualification to use the deposition of an adverse party is Relevance.
30. If it is the deposition of an ordinary witness, taking does not take the place of his actual presentation in court. It is only under those circumstances.
a. Those qualifications in itself have to be proven with reasonable certainty in the party seeking to use the deposition. It means if I prove that he is abroad,
I need to prove by litigation records that he is really not here.
31. I was required to notify the other party of the taking of deposition. The other party has the choice whether or not to give it. What if he did participate? But after
participating, you are not sure if you can use it. It is used. After it is used, can the other party say that you can no longer object to it because you have already
participate? The Rules says it is not illegal.
32. What happens when I do use it? The deponent becomes my witness, except when the deponent is my adverse party. When you use the deposition to impeach the
testimony, I am not bound by the credibility of his statement. The whole point is I am challenging his testimony.
33. If on the other hand, he is my adverse party, I can use it for any purpose on top of me being able to use that to impeach his statement. This is no need to prove is
unavailability in order to use it.
34. When do you raise objections or irregularities in depositions?
a. Raise it promptly.
b. When you discover the irregularity of officer, you can raise it if and when it is presented in court. I am not precluded from raising it for the first time in
court because I don’t even know if the deposition will be used.
c. Objections to competency, relevancy or materiality of testimony are not waived even if they are not raised before or after deposition.
Written Rule 25 Effect of failure to serve GR: Adverse party may not be compelled to give testimony in open court or to give a deposition pending appeal.
interrogatories written interrogatories I cannot present you.
1. If a party is not served with written interrogatories is a corporation, officers are the ones who cannot be so complied to give
testimony.
2. A similar provision has been incorporated in the succeeding Rule 26 for non-availment of request of admission by opposing
party.
: When court allowes it for good cause showna dn to prevent a failure of justice.
Consequences of refusal to Adverse party precluded to present contradictory evidence on those points if and when those matters become issues in trial.
answer You are precluded to present contradictory evidence if those become issues in trial.
Rule 25: Effect of failure to file and serve a

A party shall not be permitted to present evidence on relevant facts which are within the personal knowledge of the adverse party.
Request for request to admission GR Failure to file and serve request for admission on the adverse party of material fact in issue which are or ought to be within the perso
Admission adverse party shall not be permitted to present evidence on such facts.
: Good cause and prevent a failure of justice.
If I don’t avail of the request for admission, I can no longer prove in court matters I could have elicited in the admission.
If I did not avail of it, I can no longer prove in court matters I might have been able to elicit had I requested for an admission.
Effect of serving a request for GR: Matters set forth in the request for admission are deemed admitted by the requested party (Sec 2, Rule 26). In short, truth of the m
admission but the adverse party admissions were requested are deemed admitted.
ignored it : If the factual allegations in the complaint or answer are the very same allegations set forth in the request for admission and have alre
specifically denied or otherwise dealt with in the answer or reply, a response to the request is no longer required.
If matters in the Request for Admission were already admitted or denied in previous pleadings by the requested party, the latter cannot
admit or deny them (Spouses Limos vs. Spouses Odones, GR 186979).
It constitutes an admission and at that point (already post-Answer), I can move to have you declared in default or move for a judgment o
because you are deemed to have admitted the material fact.
Request for Rule 26 Implied admission by adverse GR: Each of the matters of which an admission is requested shall be deemed admitted.
admission party : Party to whom the request is directed files and serves upon the party requesting the admission a sworn statement either:
1. Denying specifically the matters of which an admission is requested.
2. Setting details as to why he cannot either admit or deny.
Personal notes:
1. This sworn statement shall be filed and served within:
a. Period written in the request which shall not be less than 15 days after service of such request.
b. Within further time as court may allow
2. Objections to any request for admission shall be submitted to court by party requested within period for and prior to filing of
his worn statement. His compliance shall be deferred (suspended) until objections are resolved.
3. Remedy against implied admission is to file a motion to be relieved of consequences of implied admission.
4. Amendment of complaint per se cannot set aside legal effects of request for admission because its materiality has not been
affected by amendment.
5. There may be a summary judgment pertaining to facts if facts show that no material issue of fact exists.
Effect of failure to file and A party shall not be permitted to present evidence on relevant facts which are within the personal knowledge of the adverse party.
serve request for admission GR Failure to file and serve request for admission on the adverse party of material fact in issue which are or ought to be within the
personal knowledge of adverse party shall not be permitted to present evidence on such facts.
: Good cause and prevent a failure of justice.
If I don’t avail of the request for admission, I can no longer prove in court matters I could have elicited in the admission.
If I did not avail of it, I can no longer prove in court matters I might have been able to elicit had I requested for an admission.
Consequences of failure to GR: Matters set forth in the request for admission are deemed admitted by the requested party (Sec 2, Rule 26). In short, truth of the
answer for request for matters upon which admissions were requested are deemed admitted.
admission : If the factual allegations in the complaint or answer are the very same allegations set forth in the request for admission and have
already been specifically denied or otherwise dealt with in the answer or reply, a response to the request is no longer required.
If matters in the Request for Admission were already admitted or denied in previous pleadings by the requested party, the latter cannot
be compelled to admit or deny them (Spouses Limos vs. Spouses Odones, GR 186979).
It constitutes an admission and at that point (already post-Answer), I can move to have you declared in default or move for a judgment
on the pleadings because you are deemed to have admitted the material fact.
Effect of admission 1. Any admission made by a party is only for the pending action only.
2. It shall not be used in any other purpose or any other proceeding.
Transcript notes:
When and to 1. After defendant has filed his Answer. A request for admission may be filed at any time after issues have been joined.
whom Request 2. It must be served directly upon adverse party.
can be filed
Requisite 1. It cannot be used to reproduce or reiterate the allegations of the requesting party’s pleading.
2. It should set forth evidentiary matters of fact, or documents described in and exhibited with the request, whose purpose is to establish
the party’s cause of action (Po vs. CA, GR L-34341).
Scope 1. Genuineness of any material and relevant document described in and exhibited in the request.
2. Truth of any material and relevant matter of fact set forth in the request. It is not for admission of matters of law, conclusions and
opinions (DBP vs. CA, GR 153034).
Failure to serve Party to whom the answer is directed cannot be deemed to have admitted the genuineness of any relevant document described in and exhibited
Request to with request or relevant matters of fact set forth therein, on account of failure to Answer the request for admission.
adverse party
Period to file an 1. 15 days from service of Request for Admission.
Answer 2. Further time court may allow on motion and notice.
Form of answer 1. It shall either specifically deny matters or set forth in detail the reasons why he cannot truthfully either admit or deny those matters.
2. It must always be under oath.
Failure to Answer GR: Matters set forth in the request for admission are deemed admitted by the requested party (Sec 2, Rule 26). In short, truth of the matters upon
request for which admissions were requested are deemed admitted.
Admission : If the factual allegations in the complaint or answer are the very same allegations set forth in the request for admission and have already been
specifically denied or otherwise dealt with in the answer or reply, a response to the request is no longer required.
If matters in the Request for Admission were already admitted or denied in previous pleadings by the requested party, the latter cannot be
compelled to admit or deny them (Spouses Limos vs. Spouses Odones, GR 186979).
Effect where It is only a formal defect which can be excused. This is based on the doctrine that “all pleadings should be liberally construed as to do substantial
Answer is not justice” (DBP vs. CA, GR 153034).
under oath
Effect of Admission is for the purpose of the pending action only. It shall not constitute an admission for any other purpose.
admission Admission made in an action cannot be used against him in another proceeding.
Withdrawal of Court may allow a party to withdraw or amend an admission upon such terms as may be just (Sec. 4, Rule 26)
admission
Effect of failure to 1. A party shall not be permitted to present evidence on relevant facts which are within the personal knowledge of the adverse party.
file and serve a 2. GR Failure to file and serve request for admission on the adverse party of material fact in issue which are or ought to be within the
request to personal knowledge of adverse party shall not be permitted to present evidence on such facts.
admission 3. : Good cause and prevent a failure of justice.
1. It is directed to the party itself. It is also directed to adverse party.

2. In practice this is combined with interrogatories to parties because only practical difference is how the question is phrased.
a. Interrogatory to party: “please tell me what did you do that day”
b. Request for admission: “do you admit that on that day, you are at this place at this time”
3. Why is request for admission not an option before Answer? It is the closest thing to a repetition of an Answer. In your Answer, you are required to admit, deny and
state your own version of story. Why would you preempt it with a Request for Admission.
4. There are cases that say if my Request for Admission asks for the same matters already addressed in the answer, that is an exception to the rule that you are
compelled to answer. You can refuse.
5. What is the significance when you say something should be under oath and verified? You are forced to tell the truth. You will be liable for perjury.
a. Generally, I file a verified document when it is an initiatory document. It is verified because the statements are true based on my personal knowledge,
not by information or belief.
b. Sometimes, in your responsive pleading, you are also required to verify it. This happens when the defendant attaches an actionable document where
you are required to deny under oath its genuineness and due execution, or if I serve you an Interrogatory, or if I ask for an Admission.
c. Once you are represented by counsel, all documents, pleadings and processes are served to you through your counsel. Except for these. Request for
admission is served directly upon the party himself. That does not mean, however, that you as the party served with the request for admission cannot
ask for assistance of counsel when you prepare your answer.
6. The strength of a Rule is of its consequence. If I do not serve the request to a party, I cannot present the adverse party in court even if I wanted to.
7. In a case, there was a request for admission, the matter was either expressly admitted or ignored and therefore deemed admitted. In another case involving the
same parties, on a related issue, the plaintiff now wants to present that admission. Can he? NO. Admission made in an action cannot be used against him in any
other proceeding.
Production or Rule 27 Matters subject to motion for 1. Documents, papers, books, accounts, letters, photographs, objects or tangible things.
inspection of production or inspection 2. Land or other property in possession or control of party.
documents or Relief prayed for Documents, papers, books, accounts, letters, Land or other property in possession or control
things photographs, objects or tangible things
To produce and permit inspection and To permit entry for the purpose of inspecting, measuring, surveying or
copying/photographing photographic
Requirements 1. These must not be privileged.
2. They are in the possession of the party.
3. They are material to any matter involved in the action (Solidbank vs. Gateway Electronics, GR 164805).
Requisites in order for a party 1. Party must file a motion showing good cause.
to compel the other party to 2. Notice of motion must be served to all other parties of the case.
produce or allow inspection of 3. Motion must designate things which the party wishes to be produced or inspected.
documents or things 4. Such documents etc. are not privileged.
5. Such constitute or contain evidence that is material to any matter involved in the action.
6. These are in the possession, custody or control of the other party (Solidbank vs. Gateway Electronics, GR 164805).
Transcript notes:
1. It is always by motion because not only am I asking for something oppressive but because it is potentially oppressive, I must prove upfront why it is necessary or
relevant.
2. Another way of doing it is to have a search warrant if in a criminal case.
3. I can always oppose the mode based on privileged or relevance. That’s why the movant has to prove why it is important. Similar to duces tecum, I have to tell you
exact what things must be produced or inspected.
4. The burden on the movant is heavier.
5. Two cases that resisted Motion for Production:
a. Price of purchase is a privileged matter.
b. Issue as to whether products sold was of proper quality. Formulation of products was considered a privileged matter.
Physical and Rule 28 Filing When the mental or physical condition of a party is in controversy, he may be required to submit to physical or mental examination.
mental Party examined is entitled to a Party examined may secure a copy of a detailed written report of examining physician setting out his findings and conclusions.
examination of copy of written report of
persons findings
Effect of securing copy of Party causing the examination Party examined
written report of findings Entitled to receive report of previous Waives any privilege he may have in that action or other action involving the
examination of the same physical or mental same controversy regarding the testimony of examining physician in respect of
condition the same mental or physical examination.
Transcript notes:
1. I can avail of the mode only if because that is the matter in controversy. Somehow, your mental and physical condition is in controversy.
2. Say I am successful in conducting a physical examination, he is entitled to a copy of the report.
3. Example of a case where this will matter:
a. Psychological incapacity for declaration of nullity of marriage.
b. In a case where the plaintiff alleged that produced caused him sterility, defendant can ask to prove sterility first.
4. Materiality is not only enough, it has to be the matter in controversy.
5. Use of depositions is done when witness is generally unavailable. I have someone examined. If he says he wants to see full report, I, as other party, can now say
previous consultations. That is a waiver of confidentiality.
Consequences Rule 29 1. Precluded from proving that fact.

of refusal to 2. If directed to me, admitted that fact.
comply with 3. Contempt
modes of 4. Arrest.
discovery
Failure of party to: Dismissing action or proceedings or part
1. Serve answers to written interrogatories under Rule 25. of, rendering judgment by default against
2. Appear before the deposing officer for oral examination disobedient party, striking out of or any
3. Comply with order under Rule 27 to produce any document for inspection, photocopying or photographing part of pleading of party.
4. Comply with order under Rule 28 requiring him to submit to physical or mental examination
5. Comply with order to answer designated questions upon oral examination or written interrogatory
1. Refusal of a witness to be sworn Contempt of court
2. Refusal of a witness to answer for any question after being directed to do so by court
In lieu of consequences under Sec. 3 where a party refuses or fails to comply with an order under Rule 27 on production Arrest of party or his agent
of document, Rule 28 on physical or mental examination, or with an order to answer designated questions
Failure of party to: Payment of amount of reasonable
1. Serve answers to written interrogatories under Rule 25 expenses incurred in obtaining a court
2. Appear before deposing officer for oral examination order to compel discovery, including
attorney’s fees
Failure of party to: Taking matters inquired into as established
1. File a sworn answer to a Request for Admission in accordance with claim of party seeking
2. Comply with an order under Rule 27 to produce any document. discovery
3. Comply with order under Rule 28 requiring him to submit to physical or mental examination
Failure of party to: Refusal to allow disobedient party to
1. Comply with an order under Rule 27 to produce any document. support or oppose designated claims or
2. Comply with order under Rule 28 requiring him to submit to physical or mental examination staying further proceedings
Rearranged version:
Failure of party to appear before the 1. Dismissing action or proceedings or part of, rendering judgment by default against disobedient party, striking out
deposing officer for oral examination of or any part of pleading of party.
2. Payment of amount of reasonable expenses incurred in obtaining a court order to compel discovery, including
attorney’s fees
Refusal of a witness to be sworn Contempt of court
Refusal of a witness to answer for any Contempt of court
question after being directed to do so
by court
Failure to comply with order to answer 1. Dismissing action or proceedings or part of, rendering judgment by default against disobedient party, striking out
designated questions upon oral of or any part of pleading of party.
examination or written interrogatory 2. In lieu of consequences under Sec. 3 where a party refuses or fails to comply with an order to answer designated
questions, arrest of party or his agent
3. Taking matters inquired into as established in accordance with claim of party seeking discovery
4. Refusal to allow disobedient party to support or oppose designated claims or staying further proceedings
Failure of party to serve answers to 1. Dismissing action or proceedings or part of, rendering judgment by default against disobedient party, striking out
written interrogatories under Rule 25. of or any part of pleading of party.
2. Payment of amount of reasonable expenses incurred in obtaining a court order to compel discovery, including
attorney’s fees
Failure to file a sworn answer to a Taking matters inquired into as established in accordance with claim of party seeking discovery
Request for Admission under Rule 26
Failure to comply with order to 1. Dismissing action or proceedings or part of, rendering judgment by default against disobedient party, striking out
produce any document for inspection, of or any part of pleading of party.
photocopying or photographing under 2. Refusal to allow disobedient party to support or oppose designated claims or staying further proceedings
Rule 27 3. In lieu of consequences under Sec. 3 where a party refuses or fails to comply with an order under Rule 27 on
production of document, arrest of party or his agent
Failure to comply with order requiring 1. Dismissing action or proceedings or part of, rendering judgment by default against disobedient party, striking out
him to submit to physical or mental of or any part of pleading of party.
examination under Rule 28 2. Refusal to allow disobedient party to support or oppose designated claims or staying further proceedings
3. In lieu of consequences under Sec. 3 where a party refuses or fails to comply with an order under Rule 28 on
physical or mental examination, arrest of party or his agent
O. Trial
Adjournments Sec 2 1. A court may adjourn (hold) a trial from day to day, and to any stated time, as the expeditious and convenient transaction of business may require.
and Rule 30 2. It has no power to adjourn (hold) a trial for a longer period than one month for each adjournment, nor more than 3 months in all.
postponements a. : When authorized in writing by Court Administrator, SC.
Personal notes:
1. Trial starts with production of evidence of plaintiff and ends with his closing arguments.
2. Trial vs. Hearing
Trial Hearing
Stage in civil Parties present It is involved in several stages:
case evidence to 1. Hearing of MD
support their 2. Hearing of motions
claims or 3. Hearing for issuance of provisional remedy
defenses 4. Pre-trial
Manner of Follows Order of  Follow Order of Trial
presentation Trial (Sec 5).  Need for examination of witness
of evidence Reception of  Need for officer of evidence
evidence and  Confined to Trial and Presentation of Evidence because it is also involved in various stage.
other processes.
Parties only only given the opportunity to be heard through submission of arguments on questions of fact and evidence of
questions of law.
3. GR: Judgment should not be rendered without trial on material facts.

a.  (Civil case may be adjudicated upon without need of trial in these cases):
i. Judgment by default if court does not require claimant to submit evidence
ii. Non-compliance or insufficient compliance with Order of Bill of Particulars and court strikes out the pleading of disobedient party
iii. Action is dismissed with prejudice upon MD on ground of res judicata, prescription, Statute of Frauds or plaintiff’s claim has been paid,
waived, abandoned or otherwise extinguished.
iv. Dismissal with prejudice
1. Two-Dismissal Rule
2. On motion of plaintiff or due to fault of plaintiff
v. Failure to attend Pre-Trial or submit a Pre-Trial Brief where case is dismissed with prejudice
vi. Refusal to answer any written interrogatories (Rule 23 or Rule 25), and to comply with Order under Rule 27 and Rule 28 where court strikes
out the pleading of or renders the judgment of default against disobedient party
vii. Party. Officer or managing agent of party willfully fails to appear before officer in order to have his deposition taken, and the court strikes out
the pleading or renders the judgment of default against disobedient party
viii. Judgment on pleadings
ix. Full summary judgment
x. Judgment based on stipulation of facts
xi. Judgment on compromise
xii. Judgment by confession
xiii. Judgment under SP
4. GR: Pre-trial is mandatory.
a. : Civil cases where court does not conduct a Pre-Trial. In this case, it will go to trial.
b. EX: If defendant has been declared in default under Rule 9. Court has two options:
i. Render a judgment by default right away (no pre-trial and trial)
ii. Order plaintiff to present his evidence ex parte (ex-parte trial)
c. If the court chooses #2, there is a trial but it is a one-sided trial because there is only an ex-parte presentation of evidence.
Requisites of Sec 3-4, For absence of 1. There must be a motion to postpone trial stating the ground relief upon.
motion to Rule 30 evidence 2. There must be an affidavit showing:
postpone trial a. Materiality or relevancy of such evidence.
b. Due diligence has been used to procure it
3. If adverse party admits the facts to be given in evidence, trial shall not be postponed even if he objects or reserves the right to object to
their admissibility.
Personal note: This section does not apply to criminal cases as Rule on Postponements in criminal cases is governed by Sec 2, Rule 119.
For illness of 1. There must be a motion to postpone trial stating the ground relief upon.
party or 2. Affidavit or sworn certification must show that:
counsel a. Presence of such party or counsel at the trial is indispensable.
b. Character of his illness renders his non-attendance excusable.
Personal notes:
1. Motion for continuance or postponement is not a matter of right. It cannot be controlled by mandamus. It is subject to sound discretion of court.
2. Action will not be disturbed by courts, in the absence of clear and manifest abuse of discretion resulting to denial of substantial justice.
3. Two things must be considered by courts:
a. Reason for postponement
b. Merits of case of movant
Agreed Sec 6, 1. Parties to any action may agree upon the facts involved in litigation and submit the case for judgment on the facts agreed upon, without introduction of
statement of Rule 30 evidence.
facts 2. This agreement must be in writing.
3. In case they only agree on some facts in issue, trial shall be held is respect to the disputed facts in the order that the court shall prescribe.
Personal notes:
A. This is known as Stipulation of Facts.
B. It is among purposes of Pre-Trial.
C. Parties may also be bound by agreements made orally during pre-trial because parties are considered to have made a judicial admission. An admission, verbal or
written, made by a party in the course of proceedings in the same case does not require proof.
D. Oral stipulation of facts is not allowed in criminal cases. In criminal cases, agreed stipulation of facts must at all times be in writing, signed by both accused and his
counsel. Otherwise, accused cannot be bound by it.
Civil cases Criminal cases
By whom signed Counsel who has an SPA Both counsel and accused
How made Verbally or in writing Always in writing
E. Stipulations of facts are not permitted in annulment and legal separation.

F. Even if there are facts agreed which are different from the compromise agreement, court will render a judgment based on compromise agreement.
G. Stipulations of fact in verbally made may nor be admissible or allowed. It is in the discretion of the court.
a. EX: Pre-trial briefs during pre-trial conference, may or may not contain facts stipulated. Usually the pre-trial brief contains facts which one party will
suggest should be stipulation upon. Hence, there is no actual stipulation made in the pre-trial submitted by parties.
Order of trial; Sec 5, Order of Trial

Reverse order Rule 30 1. Subject to Rules on Consolidation, and unless the court for special reasons otherwise directs, trial shall be limited to the issues stated in the Pre-Trial Order.
2. It shall proceed as follows:
a. Plaintiff shall present evidence to support his complaint.
b. Defendant shall present evidence to support his defense, counterclaim, cross-claim and third-party complaint
c. Third-party defendant shall present evidence of his defense, counterclaim, cross-claim and fourth-party complaint.
d. Fourth-party complaint and so forth, if any shall present evidence of material facts they pleaded.
e. Parties against whom any counterclaim or cross-claim has been pleaded shall present evidence to support their defense, in the order prescribed by
court.
f. Parties may only present rebutting evidence only, unless the court permits them to present their evidence upon their original case for good reasons
and furtherance of justice.
g. Once evidence is admitted, case shall be deemed submitted for decision, unless the court directs the parties to argue or submit their respective
memoranda or any further pleadings.
h. If several defendants or third-party defendants and so forth appear by different counsels for their separate defenses, court shall determine the
relative order of presentation of evidence.
Reverse Order
1. Defendant presents evidence first. After he has presented evidence, plaintiff will not present his own.
2. It is proper if defendant, in his Answer, alleges only affirmative defenses (fraud, prescription, estoppel and payment).
3. By alleging affirmative defenses, defendant hypothetically admits the material allegations in the complaint. Plaintiff does not need to present evidence because
judicial admission does not require proof. Burden of proof shifts to defendant who must prove his affirmative defenses in order to bar recovery.
4. Evidence offered in rebuttal is not automatically excluded just because it would have been more properly admitted in the evidence-in-chief.
5. There can be no Reverse Order if defendant raises negative defenses.
a. Unlike in criminal cases, defendant is required to respond to a complaint through an Answer.
6. Legal basis: “unless the court for special reasons otherwise directs”.
7. GR: Trial court follows the Rules on Argumentation and Debate. It is the affirmative side which usually makes the opening statement.
a. One who alleges has the burden of proof. He needs to state that he has a right.
Presentation of Main evidence and Rebuttal Evidence
Main Evidence Rebuttal Evidence
Purpose It is presented by party to prove his cause of action or defense. It is presented by party to rebut the main evidence.
It is also called Evidence-in-Chief.
When It is presented first during trial, unless the court allows parties to It is presented after the Evidence-in-Chief.
presented present Evidence-in-Chief during presentation of Rebuttal
Evidence.
1) Preliminary hearing in Sec 6, Rule 16 (affirmative defenses instead of MD) is not a full-trial contemplated in Rule 30.
a. Parties are only required to submit their comments on questions of law or evidence on questions fact.
b.  Presentation of witness
c.  Formal Offer of Evidence or documentary evidence
d. Defendant is allowed to allege both negative and affirmative defenses in his Answer. Hence, if complaint is not ordered dismissed at preliminary hearing,
court may conduct a full-blown trial on both affirmative and negative defenses + counterclaims
e. During trial, evidence presented in the preliminary hearing shall be automatically party of evidence of party presenting it.
2) Evidence not identified in Pre-Trial cannot be used to support the party’s evidence-in-chief. These are considered waived.
3) Instances where court may allow presentation of evidence-in-chief during presentation of rebuttal evidence:
a. Newly discovered evidence
b. Evidence omitted through inadvertence or mistake
c. Correct evidence previously offered
4) Evidence offered in rebuttal is not automatically excluded just because it would have been more properly admitted in the case in chief (?).
Consolidation Consolidation
or severance of Requisites 1. Two or more actions are pending before the court involving the same parties.
hearing or trial 2. Both or all actions arise from the same act, even transactions, involve the same or like issues, and depend largely or substantially on the same
evidence.
3. Court has jurisdiction over the cases to be consolidated (Republic vs. CA, GR 116463)
4. Consolidation would not result in prejudice to any of the parties or would not cause complications, delay or restrict the rights of a party
(Teston vs. DBP, GR 144374)
5. Nature of both actions is the same (Espinoza vs. UOB, GR 175380)
Purpose Attainment of justice with the least expense and vexation to parties litigants.
1) To avoid multiplicity of suits
2) To guard against oppression or abuse
3) To prevent delays
4) To clear congested dockets
5) To simplify the work of trial court
Severance of Hearing or Trial

1) Misjoinder of causes of action is not a ground for dismissal of an action.
a. A misjoined cause of action may be served and proceeding separately.
b. It may be by motion or motu proprio.
2) If claims, cross-claims, counterclaims, third-party claims or issues are severed or subject to separate trials, the court may render a separate judgment disposing of such
claims.
a. Judgment shalll terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims.
b. Separate judgments are not appealable while the main case is pending, unless the court allows an appeal from it (Sec 1(f), Rule 41).
Transcript notes:
1. It is not mandatory.
2. It is discretionary upon the court.
a. EXCEPTIONS (it becomes a matter of duty when):
i. Cases are pending before the same judge
ii. Filed with different branches of the same RTC and one of such cases has not been partially tried.
3. Court must have jurisdiction over cases sought to be consolidated.
a. In the case of Republic vs. CA, since Sandiganbayan does not have jurisdiction over the collection case, the same cannot be consolidated with criminal
ases even if these cases involve similar questions of fact and law.
4. A civil case can be consolidated with a criminal case when all requisites of consolidation re present.
a. In Naguiat vs. IAC, SC allowed a civil action not arising from the offense charged (arising ex contractu) to be consolidated with the criminal action.
b. In Canos vs. Peralta, SC consolidated a civil action for recovery of wage differential with a a criminal action for violation of Minimum Wage Law.
5. Exceptions (where civil case cannot be consolidated with the criminal case):
a. If the civil case amounts to a counterclaim or third party complaint in a criminal case.
i. In Republic vs. CA (GR 116463), SC held that consolidation of collection case with criminal cases will have the same effect of a counterclaim or
a third-party complaint against the complainant. In such case, rule against counter-claims and third-party complaints in criminal cases may be
applied by analogy.
6. There is no need to have identity of parties or common causes of action. What is simply required is a common question of fact and law.
7. There can be a consolidation of cases pending before different branches of a court as long as there is conformity of other branches concerned.
8. There can be a consolidation of cases pending before courts situated in different judicial, regional districts as long as these have equal jurisdiction. There must
be common question of fact or law and order of consolidation must come from SC.
9. Three types of consolidation:
Recasting cases already Amending the pleading and dismissing some cases and retaining only one case.
instituted (Actual) There must be a joinder of causes of action and of parties.
Consolidation Proper or Joint trial with joint decision.
consolidating existing cases Cases retain their original docket numbers.
(Quasi) It is not actually one decision for whole case. Let’s just hear this altogether but there are still separate decisions for each.
Test-case Method Hearing only the principal case. Suspending the others until judgment has been rendered in the principal case.
10. If cases can be consolidated on appeal and assigned to different divisions of SC. CA is also authorized.
Delegation of Sec 9, GR: Judge shall personally receive and resolve evidence to be adduced by parties
reception of Rule 30 EXCEPTION (Judge may delegate it to the clerk upon the following conditions):
evidence 1) Delegation is made only in:
a. Default proceedings
b. Ex-parte proceedings
c. In any cases where parties agree in writing
2) Reception of evidence shall be made only be Clerk.
3) Clerk must be a member of the Bar.
4) He has no power to rule on objections to any question or to admission of evidence.
5) He shall submit his report and transcript of the proceedings, together with objections to be resolved by court, within 10 days from termination of hearing.
Delegation to receive evidence Trial by commissioner

Instances 1. Default proceedings 3) Rule 9 (Ex-Parte Proceedings)
2. Ex parte proceedings 4) Rule 18 (Pre-Trial) if defendant does not appear during pre-trial
3. When parties agree conference and does not authorize anyone to appear on his behalf, or
he does not submit a pre-trial brief, sanction imposed is to allow the
plaintiff to present his evidence ex parte.
Trial by Rule 32 Reference by Reference by consent Reference ordered on motion

commissioners consent or 1) It is by written consent of both 1) Parties do not consent.
ordered on parties. 2) Upon application of either or motu proprio, court may direct a reference to a
motion 2) Court may order any or all issues commissioner in the following cases:
in a case to be referred to a a. Examination of long account
commissioner b. Taking of account is necessary.
3) Commissioner is either agreed c. Carrying a judgment or order into effect
upon by parties or to be d. Question of fact, other than upon the pleading arises.
appointed by the court.
The word “commissioner” includes a
referee, an auditor and an examiner.
Personal notes on Reference by Consent:

1. Trial shall proceed as it would if held before court.
2. Upon completion of proceedings, commissioner shall file the court a written report.
3. The report shall be set for hearing, after which the court shall issue an order adopting, modifying, rejecting or recommitting it with
instructions, or requiring parties to present further evidence.
4. One of the purpose of Pre-Trial is consider the advisability of having a Trial by Commissioner.
5. GR: Trial by Commissioner depends on court’s discretion:
a. EXCEPTIONS:
i. Expropriation Proceedings for determination of just compensation.
ii. Partition
iii. Settlement of Estate of Deceased Person in case of trial of contested claims
iv. Hearing for approval of executor administrator’s accounting can be delegated.
6. Any objection as to appointment of commissioner must be raised where defect could still be remedied. It is waivable.
Powers of 1) Regulate proceedings and to do necessary measures for efficient performance.

commissioner 2) Rule on admissibility of evidence
3) Issue subpoenas and subpoenas duces tecum
4) Swear witnesses
Personal note: Requirement of hearing cannot be dispensed with.

Commissioner’s Report Delegation of Clerk of Court (Sec 9, Rule 30) Trial by Commissioner (Rule 32)
report; notice to Requirement of  
parties and being a lawyer
hearing on report Authority Clerk cannot rule on objections or admissibility of evidence. 
conferred He is only mandated to receive evidence presented by
plaintiff.
When made Delegation is made during trial He can be appointed even after the case
has become final and executory.
Notice to Upon filing of report of commissioner:
parties 1) Parties shall be notified by clerk.
2) They are allowed 10 days to object the findings
Personal note: Objections must e on grounds available to them during the proceedings before the commissioner shall not be
considered by court, unless they were made before the commissioner.
Hearing Upon expiration of 10-day period for objections, court shall:
upon 1) Adopt the report (whole or part)
report 2) Modify
3) Reject
4) Recommit with instructions
5) Require parties to present further evidence before the commissioner or court
Personal note: If parties stipulate that commissioner’s findings shall be final, only questions of law shall be considered.
Transcript notes:
1) Court can decide a case on the basis of a commissioner’s report and adopt in whole the findings of commissioners.
a. In Manotok Realty vs. CLT Realty (GR 123346), SC held that the trial court acted properly when it adopted the commissioner’s Majority Report as part of
its decision. Sec 11, Rule 32 provides, “court may adopt, modify or reject the report in whole or in part, or it may receive further evidence or recommit it
with instructions”.
b. Overlapping of titles necessitates the assistance of experts in the field of geodetic engineering. The very reason why commissioners were appointed by
court, upon agreement of parties, was precisely to make an evaluation and analysis of titles in conflict with each other. They are in a better position to
determine which of the titles is valid. Thus, the trial court may rely on their findings and conclusions. It bears stress that parties opted to submit the case
for decision on the bases of their objections and commons on commissioner’s reports.
2) If we look at this part of RC, it is an alternative way of conducting a trial.
a. Instead of us having a trial before the court, maybe we can pass it off to someone else the difficult issues or voluminous issues.
b. Also look at Rule 34 and 35, these are judgments without the necessity of a full trial.
3) Can it be done by agreement? Yes. If only one party moves for it, that is the time to look for requirements.
P. Demurrer to Evidence (Rule 33)

Grounds Sec 1, After the plaintiff has completed the presentation of his evidence, defendant may move for dismissal on the ground that upon facts and the law, the plaintiff has shown no
Rule 33 right to relief.
Evidence is insufficient in point of law, whether true or not, to make out a case or sustain the issue.
Failure to state cause of action under Sec 1, Rule 16 Insufficiency of evidence under Rule 33.
Difference It refers to insufficiency of allegations. It refers to insufficiency of factual basis for the action.
When raised It may be raised at the earliest stages of proceedings through MD. It may be raised any time after questions of fact have been resolved on
basis of stipulations, admissions or evidence presented by the plaintiff.
When presented Before defendant files an answer After plaintiff has rested his case
Grounds Grounds in Sec 1, Rule 16 particularly failure to state cause of action Lack of cause of action or insufficiency of factual basis
Effect of denial Defendant may file an answer. Defendant may present his evidence.
Effect of granting Complaint is dismissed and depending on the ground, complaint may Dismissal with prejudice.
be re-filed or appealed. Remedy of plaintiff is Appeal.
Personal notes:
1. Insufficiency of factual basis is not a ground for MD under Rule 16.
a. This ground becomes available only after question of fact have been resolved on the basis of stipulations, admissions, or evidence presented by plaintiff.
b. Procedural recourse to raise such ground is a demurrer taken only after the plaintiff presents his evidence.
2. There is only a one-sided trial, i.e., it is only the plaintiff who has presented evidence.
3. Demurrer authorizes a judgment on merits of case without defendant having to submit evidence if the plaintiff’s evidence show that he is not entitled to the
relief sought.
Transcript notes:
Demurrer to Evidence Objection by one of parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether
true or not to make a cause or sustain the issue (Casent Realty vs. Philbanking, GR 150731).
Purpose To discourage prolonged litigations.
Demurrer is an aid or instrument for expeditious termination of an action, similar to MD, which the court may grant or deny (Heirs of
Santioque vs. Heirs of Calma, GR 160832).
1. Demurrer is a type of MD presented after plaintiff presents his evidence.

a. It is not always the best remedy available to you as defendant because you take a chance. If the court denies your demurrer, it sounds like a conviction
already unless you are able to prove evidence to refute it.
2. Evidence to be considered in Demurrer to Evidence.
a. What should be resolved in MD based on Demurrer to Evidence is whether the plaintiff is entitled to relief based on facts and law.
b. Evidence contemplated in this Rule pertains to the merits of the case, excluding the technical aspects such as capacity to sue.
c. However, plaintiff’s evidence should not be the only basis in resolving a Demurrer. “Facts” referred in Sec. 8 includes all means sanctioned by RC in
ascertaining matters in judicial proceedings:
i. Admissions
ii. Matters of judicial notice
iii. Stipulations made during pre-trial and trial
iv. Admissions and presumptions
d. The only excluded evidence is the defendant’s evidence (Casent Realty vs. Philbanking, GR 150731).
3. Appellate court should not remand the case to trial court. It shall proceed to render decision on merits based on evidence on record (Radiowealth vs. Spouses Del
Rosario, GR 138739).
Effect of denial Motion denied Motion granted

and grant Right of movant to 
present evidence Court should set the date for receipt of defendant’s evidence-in-chief. It should not proceed to grant the relief demanded by the plaintiff
As to remedy Interlocutory Adjudication on the merits.
Denial is not appealable. However, it can be subject to Petition for Appealable. Certiorari will not lie unless there is grave buse of discretion.
Certiorari under Rule 65 in case of grave abuse of discretion,
excess of jurisdiction, or oppressive exercise of judicial authority.
Transcript notes:
Effect Denied Granted but reversed on appeal
Defendant’s right to offer evidence is nto waived because Defendant loses his right to present evidence (Radiowealth vs. Spouses
the case is still with the court. Del Rosario, GR 138739).
1) Demurrer in a civil case can be filed without leave.

Demurrer is denied Demurrer is granted
There is no effect on the It is final because the case is dismissed. Remedy of the plaintiff is Appeal.
defendant. It is
interlocutory because Appeal is granted Appeal is denied
tomorrow you can still Judgment is reversed. Judgment becomes final and executory
present evidence. 1. Can CA say demurrer should not have been granted but let’s hear CA cannot also remand.
defendant’s side? NO. Case will have to be resolved on the basis of the
evidence of the plaintiff alone without need for need the remand it.
2. Even if the defendant filed the demurrer with leave, reversal of decision by
CA will not change the fact that defendant can no longer present evidence.
2) Let’s say it was a collection case by the plaintiff. The defendant, in his Answer, said that he already paid the plaintiff and here is the receipt. How do you attack an
actionable document?
a. Look at whether it is the basis of claim or defense, and not only evidentiary.
b. Was it attached or copied in the pleading? If it wasn’t, there is no need to Answer under Oath because an actionable document must be attached or
copied.
c. Is the other party, who is suppose to admit or deny, appears to be a party to the document? If not, he cannot deny or admit something he is not a party
of.
d. Only other reason where you can excuse yourself from that obligation is when you sought the original document and you were denied.
3) In Casent Case, there was a dacion. The defendant said that based on this dacion, the agreement had already been novated. Therefore, my obligation has been
discharged. In my answer, I alleged something. You, as a plaintiff, without filing a reply, have already deemed to have controverted (denied) the matters in my
Answer, except that the defendant attached an actionable document.
a. Between two rules: one which says that when there is an attached actionable document, you are required to admit or deny under Oath; and the rule on
Reply where you are deemed to have controverted, what should be followed? Follow the Rule on Actionable Document.
b. Plaintiff still has to file a reply under Oath denying it.
4) Another important issue in Casent, because there was a failure to deny by the plaintiff, defendant asked for a demurrer. Remember that Demurrer is supposed
to be based on insufficiency of plaintiff’s evidence alone. In this case, the basis for the demurrer was the Dacion presented by the Defendant. Can that still be
basis for the demurrer? Yes. It is the insufficiency of the plaintiff’s evidence including “all documents that appear on the records”. Document of Dacion, which
was not refuted, appears to be an admission and therefore, could be the basis for a demurrer.
a. While ordinarily I apply due to the weakness of the case of the plaintiff to file a Demurrer, Casent added that if records and documents are deemed
admitted, your cause of action is also negated. It becomes a sufficient ground for a demurrer.
5) In a civil case, with or without leave, defendant is still allowed to present evidence. If granted, but on appeal is reversed, that is the time I can no longer present
evidence. In criminal case, if with leave and denied present for accused. If without leave and denied, can no longer present refuting evidence. It will be decided at
that point whether there may be a conviction. In an appeal, it is irrelevant.
Waiver of right Sec 1, If his motion is granted but on appeal, the order of dismiss is reversed, he shall be deemed to have waived the right to present evidence.
to present Rule 33
evidence
Demurrer to Civil cases Criminal cases
evidence in civil Necessity of leave  
vs. Demurrer to of court Defendant does not waive his right to offer evidence in case his It may be filed with or without leave of court.
evidence in motion is denied. Leave of court is necessary so that the accused could present evidence in
criminal cases case his demurrer is denied.
Effect of granting If the court finds that the plaintiff’s evidence is insufficient, it will It prosecution’s evidence is insufficient, it will render a decision acquitting
the demurrer dismiss the complaint. the accused.
Propriety of Dismissal is appealable. It is not appealable. DJ sets in.
appeal If judgment is reversed by appellate court:
1. Defendant loses right to present evidence
2. Court will decide on basis of plaintiff’s evidence
Effect of denial Defendant will present his evidence. With leave Without leave
Accused may present He can no longer submit evidence and he
his evidence must submit the case for decision based on
prosecutor’s evidence.
Power of the Court cannot dismiss the case motu proprio after the plaintiff rests its Court may dismiss even after prosecution presents its evidence.
court to motu case. There should be a demurrer from the defendant.
proprio dismiss
Q. Judgments and Final Orders

Judgment
without trial
Contents of a
judgment
Memorandum It is a decision of the appellate court which adopts the findings and conclusion of the trial court.
Decision 1. BP 129— “Every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it
is based, which may be contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from.”
2. These are only resorted to if:
a. Facts in the main case are accepted by both parties
b. Facts are easily determined by the judge
c. There are no doctrinal complications involved that will extend the discussion of laws involved.
Conditions in order for a Memorandum Decision to be valid:

1. Actually embody findings of fact and conclusions of law of lower court as an indispensable part of the decision.
2. It should comply with Sec 1 Rule 36:
a. In writing
b. Personally and directly prepared by the judge
c. States the facts and law on which it is based
d. Signed by the judgment and filed with Clerk of Court
Effect of deviation as to requirements on form and occasions:

Any deviation will summon the strict enforcement of SEC 14 ART 8 and strike down the flawed judgment as a lawless disobedience (Solid Homes vs. Laserna, GR 166051).
Judgment on Sec 1, Judgment on the pleadings
pleadings Rule 34 1. When an answer:
a. Fails to tender an issue
b. Otherwise admits to the material allegations of the adverse party’s pleading.
2. There is motion filed by a party.
3. Court may direct judgment on such pleading.
4. However, material facts shall still be proved in the following cases:
a. Actions for declaration of nullity
b. Annulment of marriage
c. Legal separation
Personal notes:
1. It will not apply if there is no answer filed.
2. It is rendered without a trial, or even without a pre-trial.
3. Judgment is exclusively based upon the allegations appearing in the pleadings and its annexes without consideration to evidence aliunde.
4. GR: Judgment must be on motion of claimant.
a. : if at pre-trial, court finds that judgment on pleadings is proper, it may render such judgment motu proprio.
5. If a party prays for judgment on pleadings without offering proof as to the truth of his own allegations, and without giving the opposing party the opportunity to
introduce evidence, he is also deemed to have:
a. Admitted all material and relevant allegations of the opposing party
b. Rest his motion for judgment on those allegations taken together with such of his own
6. Allegations not deemed admitted by filing a judgment on the pleadings:
a. Irrelevant allegations
b. Immaterial allegations
c. Allegations of unliquidated damages in the complaint
7. By moving for judgment on pleadings, plaintiff waives his claim for unliquidated damages. Claim for such damages must be alleged and proved.
8. Grounds:
Failure to tender an issue Otherwise admits to material allegations of adverse party’s
pleading
If the answer does not comply with requirements of specific denial. 1. It expressly confesses the truthfulness of the
material allegations of adverse party’s pleading
2. It omits to deal with them at all
EX:
1. Defendant denies the allegations in the complaint without setting forth the facts and law upon
which his denial is based. This is a general denial and is considered an admission of allegations
of complaint.
2. When complaint is based on an actionable document, and defendant fails to deny the
genuineness and due execution of such document in a verified answer.
9. It is not proper for the court to render a judgment on pleadings at once when only affirmative defenses are raised in the answer.
a. If no MD has been filed, grounds in Rule 16 may be raised as affirmative defenses in the Answer.
b. In the discretion of court, a preliminary haering may be had as if an MD has been filed (Sec 6, Rule 16).
c. Thus, the court still has to hear and determine the merit of the defendant’s affirmative defenses in the preliminary hearing.
d. However, if the court finds it without merit, it would be proper for court to render a judgment on pleadings since effect of affirmative defenses is to
hypothetically admit the allegations.
10. While the petitioner raised affirmative defenses (i.e. defect in certification of forum shopping, no legal capacity to sue and fortuitous event), this cannot stop
respondent from seeking collection of unpaid balance.
a. Other than these affirmative defenses, petitioner’s denial neither made a specific denial that a Memorandum Agreement (actionable document) was
perfected nor did it contest the genuineness and du eexecution of said agreement.
11. No judgment on pleadings for:
a. Declaration of Nullity of Marriage
b. Annulment of Marriage
c. Legal Separation
d. Issue is amount of unliquidated damages
e. Only conclusions of law are being alleged
12. It is ex-parte because plaintiff is entitled to judgment upon particular facts presented.
MD Motion for judgment pleadings

By whom filed Defendant to a complaint, counterclaim, cross-claim or 3rd party Plaintiff if Answer fails to tender an issue
complaint
When presented Presented before filing of Answer. Presented after Answer is filed.
Transcript notes:
1. It is me, literally as the court, ruling on a case without going through any proceeding and through only documents.
2. It is a judgment based on the pleadings on the parties.
3. Normally, the question in the Bar provides a combination of Judgment on the Pleadings together with how you are supposed to answer a pleading, meaning
how are you supposed to allege matters in the Answer.
a. If your specific denial is not really a specific denial, it is deemed an admission, which brings a Judgment on the Pleadings.
b. They like that there are two things you can hit in one question.
c. Considering that the answer gave an insufficient denial, they are in effect admissions of the material allegations which in turn justify a judgment on the
pleadings.
d. Or you raise an issue but there is actually no issue.
4. NOTE: The way to answer is to be short and precise. Memorize the definition.
5. If the case can be adjudicated based on admissions alone, that can be a Judgment on the Pleadings. That is easy, not confusing.
6. What might be confusing is whether the Answer tenders an issue. Because if it fails to tender an issue, it is a Judgment on the Pleadings. If it tenders an issue, it
could be a Summary Judgment if the issue is a lie, or fictitious.
7. Nobody is introducing any other issue other than the fact already in issue—the document. Just read the document. If on top of that you are offering something
extra, it might not be JP. Like an affirmative defense.
8. If it can discern that if only a question of law, JP.
9. “Sorry I can’t pay you because I have no money or change of circumstances”—not an issue or defense hence failure to tender issue.
A was the lessor of B. B subleased the premises without permission from A. A padlocked the premises YES. The only issue was a to the interpretation of contract
to prevent B and sublessees from entering. which both parties admit and the court can answer.
B filed for damages. He says that if you read the Lease Agreement, it does not prohibit a sublease. Both parties admit to the allegations that it is the contract
A filed an Answer alleging that the proper interpretation of contract disallows a sublease. of lease and only issue is interpretation. (Sunbanun vs. Go,
Is this proper for Judgment on Pleadings? 2010).
A was lessor of B. During term of lease, B preterminated the contract and vacated the premises. YES. Judgment can be based exclusively upon allegations
appearing in the pleadings of parties and accompanying
A claimed that the lease agreement does not provide for pre-termination and filed a case for damages. annexes. Defense is based on interpretation of law that can
B filed an Answer admitting that he had vacated and argued that based on Civil Code, he could pre- be resolved through a review of pleadings (Comglasco vs.
terminate the lease because of change of circumstances. Santos Car Check, 2015).
Is this proper for Judgment on Pleadings?
It is a matter of law. Without going beyond allegations,
court can decide. Judgment can be based exclusively upon
allegations appearing in the pleadings of parties and
accompanying annexes. Defense is based on interpretation
of law that can be resolved through review of pleadings.
A failed to pay B insurance premium for one quarter. B sued A for collection of unpaid premiums. YES. Answer depended solely on legal interpretation of
effect of non-payment of an insurance premium. This can
A raised in its Answer the defense that collection is not proper because legally, effect of nonpayment is be resolved based on pleadings and an interpretation of
that the insurance or reinsurance contracts becomes ineffective. Hence, there is no cause of action for applicable law (GSIS vs. Prudential, 2013).
collection.
Is this proper for Judgment on Pleadings?
Riguera notes:
Court may render judgment on the pleadings in the following:
1. If defendant fails to specifically deny the material allegations of the complaint.
2. Under rule on SP, if the defendant fails to answer the complaint within 10 days from service of summons, court may motu proprio or on plaintiff’s motion, render
judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for (Sec 6, SP)
3. Defendant is declared in default, court shall proceed to render judgment granting the claimant relief as his pleadings may warrant, unless the court in its discretion
quires the claimant to submit evidence (Sec 3, Rule 9)
4. During pre-trial, if there is valid ground (Sec 2(g), Rule 18)
5. Penalty for no-compliance or refusal to answer in discovery proceedings, against the recalcitrant or disobedient party (Sec 3 and 5, Rule 29)
Summary Rule 35 For the claimant 1. There is a party seeking to recover a claim, counterclaim or cross claim; or obtain declaratory relief.
judgments 2. He filed a motion for summary judgment in his favor upon all or any part.
3. The motion is attached with supporting affidavits, depositions or admissions.
4. The motion was filed any time after the pleading in answer has been filed.
For the 1. There is a party against whom a claim, counterclaim or cross-claim is filed, or a declaratory relief is sought.
defendant 2. He files a motion for summary judgment in his favor upon all or any part.
3. The motion is attached with supporting affidavits, depositions or admissions.
4. The motion was filed any time.
When case is not 1. Judgment is not rendered upon the whole case or for all reliefs sought.
fully adjudicated 2. A trial is necessary.
(Partial Summary 3. A party files a motion.
Judgment) 4. The court shall ascertain what material facts exist without substantial controversy and what are actually and in GF controverted
(denied). This shall be based on the pleadings and evidence before it.
5. Court shall make an order:
a. Specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or
other relief is not in controversy.
b. Directing further proceedings in the action as are just.
6. Fact so specified shall be deemed established.
7. Trial shall be conducted on controverted facts accordingly.
Personal notes:
1. Partial Summary Judgment: judgment which results if summary judgment is not rendered upon the whole case or for all reliefs sought,
and a trial is necessary.
a. In this case, the court will determine which material facts exist without substantial controversy and which are controverted
in GF.
b. Those that do not have substantial controversial, including the extent of amount of damages or other relief, shall be deemed
established.
c. Those controverted shall be a subject matter of a trial.
2. It is an interlocutory order, not a final judgment. It is only appealable once there is a complete summary judgment.
3. A partial summary judgment cannot be appealed separately from a judgment in the entire case. Failure to appeal separately from a
partial summary judgment to challenge it by SCA Certiorari does not make it final and executory.
4. A partial summary judgment cannot be executed if the entire case has not yet been resolved.
a. Sec 4 Rule 35 contemplates that an appeal from partial summary judgment shall be taken together with judgment of the
entire case after the trial has been conducted on the controverted facts.
b. Inasmuch as a partial summary judgment does not finally dispose the action, execution shall not be issue, conformably with
Sec 1, Rule 39.
Affidavits and Forms of affidavits and 1. Supporting and opposing affidavits shall be made on personal knowledge.
attachments supporting papers 2. These must set forth facts that would be admissible in evidence.
3. These must show affirmatively that affiant is competent to testify to matters stated in them.
4. Certified true copies of all papers or parts referred in the affidavit shall be attached or served.
Affidavits in BF 1. If any of the affidavits are presented in BF or for purposes of delay, court shall order the offending
party and counsel to pay the other party expenses which the filing of affidavits caused him,
including attorney’s fees.
2. After hearing, it may also adjudge them with contempt.
Personal notes:
1. Even if issues are presented in the pleadings or pre-trial order, the court does not conduct a regular trial because it is convinced that
the issue is not a genuine issue. It is up to the movant to show that the issue is not genuine. Hence, there will be a separate
presentation of evidence just for showing that the issue is not genuine.
2. Presentation of evidence to show that the issue is not genuine should not be held in a regular trial but in a summary hearing.
a. it could be proven by affidavits, depositions or any other evidence by virtue of modes of discovery.
b. What is important is the court does not conduct a Trial under Rule 30.
c. Trial in Summary Judgment is a summary trial where the only evidence are those gathered through modes of discovery, and
not formal presentation of evidence.
3. Sanctions when affidavits are presented in BF or for purpose of delay:
a. Payment to other party of reasonable expenses including attorney’s fees.
b. After hearing, indirect contempt.
4. Bases of Summary Judgment:
a. Affidavits made on personal knowledge
b. Depositions of adverse party or third party (Rule 23)
c. Admission of adverse party (Rule 26)
d. Answer to interrogatories (Rule 26)
Personal notes:
1. There is no genuine issue as to any material fact, except as to the amount of damages.
2. There can be no Summary Judgment if facts pleaded by parties are disputed or contested. If there is doubt as to the facts, neither can ask.
3. There can be no Summary Judgment if the issue on amount of damages involves the issue to the right to ask for damages.
4. Genuine issue: an issue that calls for presentation of evidence.
5. TEST: If the pleadings, affidavits, and exhibits are sufficient to overcome the opposing papers. If these are enough to justify the finding that there is no defense
against the action or claim
6. Only time where court may render a Summary Judgment before an Answer is with regard to liquidated damages. In all other instances, defendant needs to file
an answer so that issues may be joined.
Riguera notes:
1. Summary judgment does not need to be on the entire case but only on specified factual issues. This is also known as Partial Summary Judgment.
2. Even if there is a legal question but there is no material factual issue, Summary Judgment may be rendered.
3. Actions where Summary Judgment is proper:
a. All actions where a claim or cause of action is pleaded by or against a party.
i. Actions to recover a debt or for liquidated sum of money.
1. Action to collect on a promissory note where the defendant attaches a receipt showing payment. Plaintiff may move for summary
judgment by attaching the document signed by parties showing that the payment in the receipt is for another loan not subject of
the complaint.
ii. Personal injury causes
1. Tort case arising from a vehicular accident where the defendant admits negligence but claims that damages are exorbitant.
b. In the special civil action for declaratory relief, a summary judgment may be rendered although technically speaking there is no claim or cause of action.
c. Actions to recover a debt or for liquidated sum of money.
4. Instances where Summary Judgment is not allowed:
a. Actions for declaration of nullity or annulment of marriage
b. Actions for legal separation
5. Party may introduce exhibits in support of the motion for Summary Judgment.
a. While the Rules mentioned only “supporting affidavits, depositions or admissions”, there is no bar to supporting the motion with documents or exhibits.
In practice, such exhibits are attached to supporting affidavits. Thus, Sec 5, Rule 35 provides that “certified true copies of all papers or parts referred to
in the supporting affidavit shall be attached or served with”.
Judgment on Summary judgment Judgment on pleadings Judgment by default

pleadings vs. Basis of judgment Based on pleadings, depositions, Solely on pleadings Complaint and evidence of plaintiff, if
Summary admissions and affidavits presentation is required
Judgments
Whom required Both plaintiff and defendant GR: Only to plaintiff Plaintiff
: If defendant presents a counterclaim
Issue tendered No genuine issue between parties Answer fails to tender an issue No issue because defendant did not file an
(irrelevant issues) It admits to the material allegations of the adverse Answer
party’s pleadings
Judgment on merits If partial summary judgment, On the merits On the merits
interlocutory.
If complete summary judgment, on the
merits.
Filing of answer If filed by plaintiff, it must be filed any There is already an answer filed. There is no answer filed.
time after the Answer is served.
If filed by defendant, any time, even
before there is an Answer.
Transcript notes:
Judgment on pleadings (Rule 34) Summary Judgment (Rule 35)
Difference 1. Existence or appearance of apparent issues in 1. Sham or fictitious character
the pleadings 2. Issues apparently exist
2. There is no apparent issue at all because the a. Facts are asserted in the complaint regarding which
defendant’s answer failed to raise an issue. there is no admission, disavowal or qualification yet
b. Specific denials or affirmative defenses are set out in
the answer but the issues these raised are fictitious,
not genuine or sham, shown by affidavits, depositions
or admissions.
3. There is no genuine issue as to the material fact, except as to the
amount of damages.
Trial Let’s hear it based on affidavits because these are No need for full trial, only a mini trial. If you see that there is an issue
matters which, except for the amount of damages, we pending as to the amount of damages, that is a hint that it is no longer under
can resolve very quickly. Rule 34. It may be under Summary Judgment.
It is not really based on the pleadings alone.

Answer It fails to provide an issue. It tenders an issue but it is a sham.
Who files it It is the plaintiff filing it, “you said it but it is really a non- It may be filed either by the plaintiff or defendant.
issue”. It requires a motion.
It requires a motion.
Period of Motions Since Sec 1 states that that party must make a motion, There is a very specific rule as to the periods which are a modified rule on
regular rules on motion apply. Motions.
Motion should be served in such a manner that adverse Motion should be served at least 10 days before hearing. It should already
party receives it 3 days before the hearing, and notice of attach my supporting documents. Adverse party may serve opposing
hearing shall not be later than 10 days after the filing of affidavits at least 3 days before hearing.
the motion
On the date of the hearing, the court will just look at that in an abbreviated
manner and render an accelerated judgment based on that.
Basis It is based on the facts as pleaded It is based on facts summarily proven by affidavits, depositions or admissions.
Rendition of Sec 1, 1. Judgment or final order determining the merits of the case shall be in writing.
judgments and Rule 36 2. It shall be personally and directly prepared by the judge.
final orders 3. It must clearly and distinctly state the facts and law on which it is based.
4. It must be signed by him.
5. It must be filed with the Clerk of Court.
Personal notes:
1. If there is a conflict between dispositive portion and body of decision, disposition portion governs, unless the conclusion from the body is clear to show there
was a mistake in the dispositive portion.
2. If formal and substantial requisites are not complied with, decision shall be void and legally inexistent. However, this does not apply to interlocutory orders
because requisites only refer to decisions on merits and not to orders resolving incidental matters.
3. If the court orders dismissal of the case based on Rule 17 without stating if it is a dismissal with prejudice or without prejudice, it is deemed to be a dismissal
with prejudice.
4. A trial judgment who is permanently transferred from one court to a coordinate court can validly decide a case he left behind as long as he has fully heard the
case.
a. Trials must be conducted entirely by presiding judge.
b. If parties could still agree to themselves to submit to the old judge for decision.
c. This also apply even if at the rendition of decision, he has already accepted a permanent assignment of a coordinate court.
d. Coordinate court: from one RTC to another RTC.
5. If judgment to whom a case is originally raffled or assigned is transferred to another branch before he could render judgment, the judge assigned to replace him
can render the judgment.
a. : Any of the parties move that his case be decided by judgment who substantially heard and before whom the case was submitted for decision. This
exception applies only if the judge who substantially heard the case is transferred to a coordinate court and not ina court of heir rank. This will not apply
if the judge died, retired, has become disabled, disqualified or otherwise incapacitated to decide the case.
6. Cases where there is a valid judgment even if it was not on the merits:
a. Order of dismissal which becomes Res Judicata governed by Two-Dismissal Rule. It is considered an adjudication upon merit, even if rights and liabilities
were not discussed.
b. Dismissal by Fault of Plaintiff under Rule 17:
i. Failure to appear on date of presentation of his evidence-in-chief for no justifiable cause.
ii. Failure to prosecute his action for an unreasonable length of time
iii. Failure to comply with these Rules or of any court
c. Dismissal by failure of plaintiff to appear in Pre-Trial Conference or to submit a Pre-Trial Brief under Rule 18 (effect of res judicata)
7. Minute resolutions of SC denying PR to CA decisions are not within requirement of Sec 1 Rule 36.
Entry of Sec 2, 1. If no appeal, MNT or MNT is filed within the time provided, Clerk shall enter the judgment or final order in the Book of Entries of Judgments.
judgment and Rule 36 2. Date of finality shall be deemed date of its entry.
final order 3. Record shall:
a. Contain the dispositive part of judgment or final order
b. Be signed by the Clerk
c. With a certificate that such judgment or final order has become final and executory.
Personal notes:
1. Judgment is considered final in these instances:
a. Period for perfecting appeal has lapsed
b. Sentence partially or totally satisfied or served
c. Accused express waives in writing his right to appeal
d. He applies for probation
e. Judgment becomes final and executory if no appeal, MR/MNT was filed.
2. Final judgment can be amended in these circumstances:
a. Correction of clerical errors
b. Nunc Pro Tunc entries, which caused no prejudice to any party
c. Void judgments
d. Circumstances after finality rendered its execution unjust and inequitable.
3. Date of entry is important because it assumes reckoning of reglementary periods:
a. 5-year period for execution by motion (Sec 6 Rule 39)
b. 6-month period for PR (Sec 3 Rule 38)
R. Post-judgment Remedies
MNT/MR Rule 37 MNT MR
Definition It is the rehearing of a case already decided by court but before judgment rendered One directed against judgment or final order, not an
becomes final and executory. interlocutory order which precedes a Petition for
Certiorari.
Grounds Fraud, accident, mistake or excusable Newly discovered evidence 1. Damages awarded are excessive
negligence 2. Evidence in insufficient to justify the decision
1. Ordinary prudence could not have 1. He could not, with reasonable or final order
guarded against diligence have discovered and 3. Decision or final order is contrary to law
2. By reason of which the aggrieved party produced at trial
has probably been impaired in his 2. If presented, would probably
rights alter the result
When available Even on appeal but only on the ground of newly discovered evidence Available against judgments or final orders of both trial
and appellate courts
Notes on Provisions common to both MNT/MR:

When not 1. Both are prohibited in SP
available 2. Small Claims.
3. Ejectment cases
4. Rule of Procedure on Intra-Corporate Disputes
When to file 1. Within the period for taking an appeal (15 or 30 days from notice of judgment).
a. It is 15 or 30 days because it depends on what the court requires. If it only requires a notice of appeal, it only gives the movant
15 days to file a Notice of Appeal. Hence, he is also given only 15 days to file an MNT/MR.
2. No more extension of time to file MNT/MR shall be allowed
a. : Motions for extension of time to file MNT/MR may be filed only in connection with cases pending before SC.
Where to file With the trial court that rendered the questioned judgment
When resolved It shall be resolved within 30 days from time it is submitted for resolution.
Pro Forma It is one which does not comply with requirements of contents of motion.
motion 1. This includes an MNT based on FAME which is not supported by affidavit of merits.
2. Motions without requisite proof of service and notice of hearing.
It does not toll the reglementary period of appeal. Thus, challenged judgment will be final.
Notes applicable only to MNT:
Grounds Fraud Fraud must be extrinsic or collateral. It must be a fraud which ordinary prudence could not have guarded against.
Extrinsic fraud is any fraudulent scheme executed by the prevailing party outside the trial because this prevented him from
presenting his side of the case:
1. Keeping him away from court
2. Fralse promise of compromise
3. Never had knowledge of the suit
4. Kept in ignorance by plaintiff
5. Prevented witness from testifying
Intrinsic fraud is any act which does not affect the act of presenting a party’s case.
Accident If counsel loses his planner but did not exert diligent efforts to inquire from court about trial dates, he cannot complain if he
was not able to attend.
If he was injured in a vehicular colission, it would be a ground.
Mistake If a party, because of a pending compromise agreement, believed in GF that it was not necessary for him to answer, appear
at trial and put up a defense, there is a mistake that would constitute a sufficient ground for MNT.
Excusable Negligence so gross that ordinary diligence could not have guarded against it.
negligence EX: Negligence of client where it was so great that party was prevented from fairly presenting his case
Newly Berry Rule:
Discovered 1. It must have been discovered after trial
Evidence 2. It could not have been discovered and produced at trial even with reasonable diligence.
3. If admitted, it would probably alter the result of action.
4. It must be material, not merely collateral, cumulative or corroborative.
Notes:
1. It commonly refers to evidence already existing but could not have been secured and presented during trial,
despite reasonable diligence.
2. If MNT is filed before CA, only newly discovered evidence is the accepted ground.
3. MNT is also a ground in criminal cases.
a. FAME is not a ground in criminal cases. Instead, it is “errors of law or irregularities prejudicial to
substantial rights of accused committed during trial”.
b. MNT can be filed with SC.
4. MNT may not be filed with SC because SC is not a trier of facts. However, it may take cognizance by virtue of its
plenary judicial power in exceptional cases.
Notes on MR:
Instances when an MR is a condition precedent for taking an Appeal:
1. Judgment in cases of legal separation, annulment and declaration of nullity of marriage
2. Judgment in petition for custody of minor under SC Rules involving Custody of Minors.
Notes on Effect of Grant:

MNT MR
Effect of grant 1. Original judgment shall be vacated. It may amend the judgment or final order accordingly.
2. Action shall stand for trial de novo 1. If on excessive damages, court can reduce the amount.
3. Recorded evidence taken up upon the former trial shall be used 2. If contrary to law, court can amend.
at the new trial without retaking it, provided these are material a. If amended, decision becomes a new decision.
and competed to establish the issues b. New period of appeal will be given to adverse
4. If based on newly discovered evidence, no need for new trial but party.
case will be opened only for purpose of admitting new evidence.
Partial grant 1. If grounds only affect issues only in part or less than all of the matters in controversy, or only one or less than all of the parties, court
may order new trial or reconsideration as to severable issues without interfering with judgment or final order of the rest.
2. For MNT, when less than all of the issues are ordered retried, court may either:
a. Enter a judgment or final order as to the rest
b. Stay the enforcement of the judgment or final order until after the trial de novo
Notes on Effect of Denial:

MNT MR
Effect of denial 1. Denial is not appealable.
2. Upon receipt of Order denying the MNT/MR, movant has a fresh 48-hour, 5-working day, 15-day or 30-day period to appeal.
Fresh Period 1. Filing of MNT/MR shall toll or interrupt the reglementary period of Appeal.
Rule 2. Upon receipt of Order denying the MNT/MR, movant has a fresh 48-hour, 5-working day, 15-day or 30-day period to appeal.
3. This does not apply to administrative cases.
Remedies upon Appeal from the judgment or final order, citing the denial of MNT/MR as an assignable error.
denial 1. AM 07-7-12-SC now provides that, Petition for Certiorari under Rule 65 is no longer available to question denial of MNT/MR.
2. It amended Rule 41 and erased MNT/MR from list of judgments and orders that may not be appealed.
Second motion 1. There can be a second MNT as long as based on newly discovered No second MR.
evidence : MR on interlocutory orders as these only apply to final judgments
2. It must be filed within 5 or 30 days from notice of denial of first and orders
motion.
Other notes:
Fresh Period Rule
1. Aggrieved party has a fresh period of 15 days from receipt or notice of order denying or dismissing denial of his MR/MNT.
2. This applies to:
a. Rule 40-45
b. Appeal in criminal cases
Remedies before finality of judgment Remedies after finality of judgment

1. MNT/MR (Rule 37) 1. PR (Rule 38)
2. PR (Rule 38) if filed while period for Appeal is still running and ground is 2. Annulment of judgment (Rule 47)
FAME. It shall be treated as MNT. 3. Petition for Certiorari (Rule 65)
3. Appeal (Rule 40-45) 4. Collateral attack if judgment is void upon its face or apparent by its recitals
4. Petition for Certiorari (Rule 65).
MNT (Rule 37) MR (Rule 37) Reopening (Sec 5, Rule 30)

When proper Only after promulgation of judgment but before finality  Only after parties (both or either) have formally offered and
closed their evidence before judgment.
 Before court renders a decision
 It is between presentation of evidence and before decision. If it is
during presentation of evidence, it is not available.
Grounds 1. FAME 1. Damages are excessive Interest of justice; upon court’s discretion
2. Newly 2. Evidence insufficient to It allows reception of evidence-in-chief during presentation of rebuttal
discov justify decision or order evidence
ered 3. Decision or order contrary to
eviden law
ce
How commenced Always upon motion of party Upon court’s initiative
Inclusion in the Rules Specifically mentioned 1. Not mentioned in CIvPro but used due to long established usage.
2. Mentioned in CrimPro to reopen a case even after court has
rendered a judgment of conviction as long as judgment is not final
and executory
3. Used in SpecPro such as settlement of estate even if settlement
proceedings have closed and been terminated, because some
properties may have been left out.
a. Heirs cannot file a separate proceeding because it is
prohibited by law. There could only be one settlement
in court.
4. Prohibited pleading in SP.
Appeals Judgments and final 1. Judgment or final orders that completely disposes the case
orders subject to appeal 2. Particular matters that are declared to be appealable by RC.
a. Actions for recovery of property with accounting
b. Actions for Partition with accounting
c. SCA of Expropriation
d. SCA of Foreclosure of Mortgage
e. Appeals in Special Proceedings (Sec 1, Rule 109):
i. Order or judgment:
1. Allowing or disallowing a will
2. Determining who are the lawful heirs, or distributive share of estate to which the heir is entitled
3. Allowing or disallowing (in whole or in part) any claim against estate, or claim presented on behalf
of estate in offset to a claim against it
4. Settles account of executor, administrator, trustee or guardian
5. Constitutes a final determination in the lower court of rights of party appealing with respect to
settlement and administration of trustee or guardian
a. : No appeal is allowed from appointment of special administrator
6. Against a final order or judgment rendered in the case, and affects substantial rights of person
appealing
a. : It is an order denying MNT/MR
Final Judgment Rule; An appeal may be taken only from a judgment or final order that completely disposes the case.
Exceptions EXCEPTION: When a judgment or final order completely disposes only a particular matter and the Rules declare such to be appealable. These
orders do not completely dispose the case but are nonetheless appealable as provided for by the Rules.
Examples:
1. Actions for Partition with accounting
2. SCA of Expropriation
Notes:
1. An order denying PR is not appealable.
2. Order granting the issuance of a writ of possession is to Appeal, not certiorari.
a. Trial court’s order is final. It is a matter of judgment.
b. After consolidation of title in buyer’s name for failure of mortgage to redeem the property, writ of possession becomes a
matter of right. Its issuance to a purchaser in an extrajudicial foreclosure sale is only ministerial. There is no discretion on
this matter. Since order of issuance is final, it is subject to appeal and not Certiorari.
3. Order denying a motion to intervene is appealable. Period is 15 days from the notice of order.
Matters not appealable Matters Alternative Remedy
1. Order denying MNT/MR Certiorari or Prohibition under Rule 65.
Remedy against 2. Order denying PR
judgments and orders 3. Order denying any similar motion seeking
which are not relief from judgment
appealable Interlocutory order CPM under Rule 65.
Order denying Appeal Certiorari or PR.
Order denying Motion to Set Aside Judgment by Remedies for compromise agreement are:
consent, confession or compromise on ground of 1. Motion to set aside
fraud, mistake or duress or any other ground vitiating 2. MR/MNT
consent 3. PR under Rule 38
4. Petition for Annulment under Rule 48
Order of execution Certiorari under Rule 65
Several Judgments (judgment or final order for or Aggrieved party must wait for decision of entire case, although the court may
against several parties or separate claims), while the allow a separate appeal, in which case a Record on Appeal is necessary.
main case is pending, unless the court allows an
appeal
Order dismissing an action without prejudice Remedy of plaintiff is to:
1. Re-file his complaint
2. Certiorari under Rule 65
Notes:
1. If the trial court renders a partial summary judgment, appeal is not a remedy.
a. A partial summary judgment is interlocutory. It may not lapse into finality even where no appeal is taken from it because
it is not a final judgment.
b. Only time there is an appeal is if the trial court allows it.
2. Remedy common to all is CPM under Rule 65
a. If there is lack or excess of jurisdiction amounting to grave abuse of discretion, Certiorari under Rule 65.
b. If there is no performance, Prohibition under Rule 65.
Modes of appeal Mode of appeal Rule Appellate court Meaning
Ordinary appeal 40 MTC  RTC 1. Notice of Appeal
41 RTC  CA 2. Record on Appeal
Petition for 42 RTC  CA Appeal from a decision of RTC in its appellate
review 43 Quasi-judicial agencies  CA jurisdiction
Petition for 45 CA, SB, CTA, RTC  CA It is the last mode of appeal. Filing of PRC of decisions
Review on Amparo cases RTC/FC/ Sandiganbayan/CA  SC by CA, RTC, Sandiganbayan and CTA and other courts,
certiorari/ Habeas Data cases whose questions of law could be reviewed by SC.
Appeal by
Certiorari
Notes:
1. Cases of multiple appeals (needing Record on Appeal):
a. Expropriation
i. Appeal from order of exproprioation
ii. Appeal from judgment fixing the just compensation
b. Foreclosure of real estate mortgage
i. Appeal from judgment on foreclosure
ii. Appeal from order confirming the sale
c. Partition
i. Appeal from order of partition
ii. Appeal from judgment of partition
2. There is an instance in which decision of MTC may be appealed to CA. It is in cadastral and land registration cases, because these
are decided in the same manner as RTC.
Issues to be raised on Period of Appeal Extension of time Issues to be raised
appeal 40 15 Notice of Appeal Notice of Record on Appeal Questions of law or fact or both
Period of appeal 41 days appeal Questions of fact and mixed questions of
30 Record on Appeal Not It may be extended as fact and law
days extendible long as motion for If appeal only raises questions of law, it
48 Notice of Appeal extension is filed should be filed directly with SC using
hours for Habeas Corpus within original 30-day Appeal by Certiorari under Rule 45.
period.
Counted from notice of Only notice Requirements
judgment or order denying is prepared. compilation of
MR/MNT voluminous records.
42 15 Petition for 1. Is MR allowed here? Question of law or fact or both
days Review 2. It may be extended for 15 days as
long as it is filed before expiration
Counted from notice of of the original 15-day period.
judgment or order denying 3. No further extension shall be
MR/MNT granted.
a. : For most compelling
reasons, in no case shall
exceed 15 days
43 15 Petition for 1. Only 1 MR is allowed. Question of law or fact or both
days Review 2. It may be extended for 15 days as
long as it is filed before expiration NOTE: Unlike other modes of appeal, this
Counted from notice of of the original 15-day period. shall not stay or suspend the judgment or
judgment or order denying 3. No further extension shall be final order unless CA directs otherwise.
MR/MNT granted.
a. : For most compelling
reasons, in no case shall
exceed 15 days
45 15 Petition for  It may be extended for 15 days as Questions of law only.
days Review long as it is filed before expiration : it is rendered on petitions for Writ of
of the original 15-day period. Amparo, Habeas Data or Kalikasan
Counted from notice of  SC may grant extension of 30 days
judgment or order denying only within which to file the petition
MR/MNT
Amparo 5 working PRC under Question of law or fact or both
cases days Rule 45.
PECULIAR CIRCUMSTANCE: Normally SC
Habeas Counted from date of notice of only discusses questions of law under Rule
Data Cases adverse judgment 45. In this case, Rule 45 is used but over
questions of law, fact and both.
Questions of fact Questions of law

Meaning When doubt centers on truth or falsity of alleged facts. When doubt or difference centers on what the law is
When the issue invites a review of evidence presented. on a certain state of facts.
When query requires a re-evaluation of credibility of When the issue raised is capable of being resolved
witnesses, or existence of surrounding circumstances and without need of reviewing the probative value of
their relation to each other. Evidence.
Notes:
1. Note the computation of period under Sec 1 Rule 22—day of act or even from which the designated period of time fbegins to run
is excluded and date of performance is included.
a. In a case Habeas Corpus case, respondent received a copy of RTC’s decision on October 1. The 48-hour period starts on
October 2.
2. If an appeal is erroneously brought to CA, CA must dismiss it outright.
3. Appeals on Habeas corpus is by Ordinary Appeal with 48 hours by MTC/RTC under Rule 40 and 41.
4. Appeals on Habeas data and Writ of Amparo cases are by PRC within 5 working days by SC through PRC under Rule 45.
(1991 Bar Question) By sheer coincidence, Atty. a) From CA to SC by PRC under Rule 45
Lopez was on the same dame, June 30 1991, From RTC to CA by Ordinary under Rule 41 or by PRC to SC under Rule 45
served with adverse decisions of CA and RTC.
b) From CA to SC by PRC, by filing a petition for review on certiorari and
In each case, he filed MR on July 10. He received serving a copy on CA and on adverse party.
notices of denial of his two motions on August From RTC to CA by Ordinary appeal, appeal is perfected by filing a notice of
15. If he decides to appeal in each of two case, appeal with RTC and serving a copy on adverse party.
a) What mode of appeal should he From RTC to SC by PRC, by filing a petition for review on certiorari and
pursue? serving a copy on RTC and on adverse party
b) How would he perfect each appeal?
c) Within what time should each appeal c) From CA to SC under Rule 45, appeal should be perfected within 15 days
be perfected? from receipt of order denying the MR, that is, on or before August 30.
From RTC to CA, also August 30 due to the Neyes Ruling.
Perfection of appeal Notes on Period for Perfecting an Appeal:
(Sec 9, Rule 41) 1. Appellate court has competence to rule over an appeal even if it is frivolous or dilatory.
a. Trial court does not have this power.
b. Also, it is the appellate court that may dismiss the appeal for Failure to Prosecute.
2. NEYES Doctrine:
a. To standardize the appeal periods, there shall be a fresh period of 15 days to file a notice of appeal in RTC, counted from receipt
of order dismissing an MNT/MR.
b. A scrutiny of the rules reveals that the Doctrine does not apply to Rule 42, 43, 45 as there is no interruption in the 15-day
reglementary period to appeal.
i. It is already explicit in Sec 1 Rule 42, Sec 4 Rule 43 and Sec 2 Rule 45 that the appellant or petitioner is already
accorded a fresh period of 15 days from notice of decision, award, judgment, final order or resolution or of denial
of MNT/MR filed (Rodriguez vs. People, 2012).
ii. The Doctrine is also expended to criminal cases in appeals of conviction under Sec 6 Rule 122.
Notes on Before Original Record or Record on Appeal is Transmitted (Residual Jurisdiction of Trial Court):
1. Trial court may issue orders for:
a. Protection and presentation of rights of parties which do not involve any matter litigated by appeal
b. Approve compromises
c. Permit appeals of indigent litigants
d. Order execution pending appeal in accordance with Sec 2 Rule 39
e. Allow withdrawal of appeal.
2. This is the period where Order on execution pending appeal is determined (related to Discretionary Execution under Rule 39).
3. It may, motu pro prio or on motion, dismiss the appeal for having been taken to of time or for non-payment of docket and other
lawful fees within the reglementary period.
4. Take note that trial court is in charge of dismissing the appeal, except when dismissal is due to Failure to Prosecute and when
appeal is erroneously appealed (under appellate court)
Notes on Perfection of Appeal:

Appeal As to the party Court approval Court loses jurisdiction
When an Notice of As to him, upon the filing in due Does not need Upon perfection of appeal filed in due time and
Ordinary Appeal time. court approval of other parties’ expiration of time to appeal.
Appeal is
deemed Record on As to him with respect to its subject Sec 7, Rule 41 Only over the subject matter appealed of, upon
perfected Appeal matter, upon approval of the requires approval approval of Record on Appeal in due time and of
record on appeal filed in due time. by trial court other party’s expiration of time to appeal.
Notes:
1. Perfection of an appeal in the manner and within period prescribed by law is not only mandatory but also jurisdictional.
2. Parties may file a joint Record On Appeal if they are both appellants.
3. In appeal by Record on Appeal, trial court loses jurisdiction not over the case but only over the subject matter of appeal.
Effect of Appeal GR: Judgment is stayed by appeal.

EXCEPTION (Instances when judgment is not stayed by appeal because these are immediately executory):
1. Injunction
2. Receivership
3. Accounting
4. Support
5. Other judgments declared to be immediately executory unless otherwise ordered by trial court:
6. Forcible entry or unlawful detainer when favorable to plaintiff.
Note: Injunction shall not be immediately executory in cases of judgment in an Action for Prohibition.
Participation of the
Solicitor General during
appeal
Appeal from judgments Where to appeal MTC  RTC
or final orders of the When to appeal 15 days after notice of judgment or final order appealed from.
MTC 30 days if Record on Appeal.
Period of appeal shall be interrupted by MNT/MR (only in cases governed by ordinary procedure)
How to appeal By filing a notice of appeal.
By filing a record on appeal—this is required only in SpecPro and in cases of multiple or separate appeals.
Copies shall be served on the adverse party.
Appeal from orders If an appeal is taken from an order of the lower court dismissing the case without a trial on the merits, RTC
dismissing case without trial may affirm or reverse it.
Affirm Reverse
If ground of dismissal is lack of jurisdiction over subject matter, RTC shall Case shall be remanded
try the case on the merits as if the case was original filed with it. for further proceedings.
NOTE: Sec 1 Rule 41 states that dismissals due to

Appeals from orders If case was tried on the merits by lower court without jurisdiction over subject matter, RTC will not dismiss
dismissing the case with trial the case but will decide it on the merits.
Amended pleadings and additional evidence may be admitted.
Notes:
1. Rules on Summary Procedure no longer apply if the case is on appeal. Thus, judgment of RTC affirming or setting aside the decision
of MTC may not be subject to an MR even if MR was a prohibited pleading under the MTC.
2. Fresh Period Rule applies on the decisions of RTC, not with MTC in case of Summary Procedure and Small Claims.
3. Sec 1 Rule 41 states that dismissals due to lack of jurisdiction are not appealable. However, Rule 40 shows a scenario where
there is an appeal filed to RTC on an order dismissing the case on the ground of lack of jurisdiction.
a. Sec 9 Rule 40 provides that Sec 1 Rule 41 appy only if these are not consistent with Rule 40. Hence, Rule 40 will apply.
4. Material Data Rule provides that notice of appeal must also be accompanied by a statement of material dates showing the
timeliness of appeal to show that the appeal was perfected on time.
5. Failure to pay docket fees does not amount to automatic dismissal of the appeal. It is discretionary in the court if there are
justifications for payment.
6. Appeal Memorandum is where the appellant is supposed to point out to the RTC, the errors committed by inferior court. IT is
similar to a Brief on Appeal.
a. If appellant does not submit, despite being required by RTC, RTC may dismiss the appeal.
b. RTC can rely on Rule on Evidence that a decision rendered by court is presumably correct.
7. If a PR is filed, instead of a notice on appeal, it shall be considered in compliance with a notice of appeal because it also contains
a notice of appeal.
Appeal from judgments Original jurisdiction Appellate jurisdiction

or final orders of the Appeals Rule 41: RTC (Ordinary appeal)  CA RULE 42: MTC (Ordinary appeal)  RTC (Petition for review)  CA
RTC available Questions of fact or mixed questions of fact and law Questions of fact and law
Rule 45: RTC (PRC or Appeal by Certiorari)  SC Rule 45: RTC (PRC or Appeal by Certiorari)  SC
Questions of law only Questions of law only
Modes of Ordinary appeal for Rule 41 Petition for review for Rule 42
appeal PRC/Appeal by Certiorari for Rule 45 PRC/Appeal by Certiorari for Rule 45
Periods 15 days Notice of Appeal 15 days both for Rule 42 and 45.
30 days Record on Appeal
48 hours Notice of Appeal for Habeas Corpus For Rule 42:
15 days For Rule 45 1. Only 1 MR is allowed.
2. It may be extended for 15 days as long as it is filed before
Notes: expiration of the original 15-day period.
1. After filing of record on appeal for approval, 3. No further extension shall be granted.
there is a 5-day period in which opposing party a. : For most compelling reasons, in no case
may file an objection. Hence, perfection of shall exceed 15 days
appeal only applies after 5 days from filing of 4. Court may require the respondent to file a comment
Record on Appeal. within 10 days from notice.
2. There is also a 10-day period in case the trial a. Not an MD.
court orders amendment of the record to 5. Appeal shall stay the judgment or final orders, unless CA
redraft it in its chronological sequence. or these Rules provide otherwise.
Fresh It applies. Appellant or petitioner is already accorded a fresh period of 15 days
period No extension of time for MNT/MR. from notice of decision, award, judgment, final order or resolution or
of denial of MNT/MR filed.
Appeal from judgments MR/MNT PRC/Appeal by Certiorari under Rule 45

or final orders of the CA Transfer MTC  RTC  CA  CA MTC  RTC  CA  CA
Grounds MR MNT Only questions of law
Award of excessive damages Newly
Insufficient evidence discovered
Judgment contrary to law evidence
Notes on MNT/MR under CA:

 MNT/MR can be availed to challenge the decision of CA under Rule 41 even while the case is pending before it.
o While case is pending before CA, aggrieved party can ask for MNT and MNT.
 No appeal in decisions by SC.
 MR can be availed against SC, but not MNT.
o SC will not enter MNT if founded on newly discovered evidence because it is not a trier of facts.
o CA can entertain it because it can try issues.
 Decision of 1st Division of SC is decision of SC. It should not be reviewed by SC En Banc.
 We can still invent an extraordinary remedy to challenge final and executory decisions of SC by invoking Equity Jurisdiction.
 Only SC can review decisions of CTA.
Notes on Rule 45:

Scope 1. Scope of decisions reviewable by SC using PRC under Rule 45:
a. Appeals under Rule 45 apply only to judgments of courts under SEC 1, not of quasi-judicial agencies.
b. RTC in cases involving:
i. Constitutionality or validity of a treaty, international or executive agreement, law, PD,
proclamation order, instruction ordinance or regulation
ii. Legality of tax, imposed, assessment, toll or penalty in relation thereto
iii. Jurisdiction of lower court
iv. Pure error or question of law (note that appeals from MTC decisions is to RTC even if on pure
questions of law)
c. CA
i. Decision of CA in petition to freeze order filed by AMLC. This shall nto stay the enforcement of
subject decision or final order, unless SC directs otherwise.
d. Sandiganbayan
e. CTA en Banc
f. Final judgment or order in a Writ of Amparo or Habeas Data case
2. GR: Appeal to SC may only be taken by PRC, except in criminal cases where penalty imposed is RP or life
imprisonment. This is subject to automatic review.
3. GR: Petition shall only raise questions of law.
a. EXCEPTIONS:
i. Following actions may raise questions of fact and law:
1. Amparo cases
2. Habeas Data cases
3. Kalikasan cases
ii. Where petitioner may be able to convince SC to entertain PRC even with factual questions:
1. Conclusion is grounded entirely on speculations, surmises or conjectures
2. Inference is manifestly absurd, mistaken or impossible
3. Grave abuse of discretion in appreciating facts
4. Judgment is based on misapprehension of facts
5. Findings are contrary to admissions of parties
Discretion 1. Review is only granted when there are special and important reasons for it.
2. It applies both to civil and criminal cases.
3. There are instances where court can treat PRC under Rule 45 as Petition for Certiorari under Rule 65, if
subject is one of jurisdiction or acted with grave abuse of discretion.
4. A party cannot file both PRC and PC because these pertain to different remedies and applications. These are
not alternative or cumulative.
PRC under Rule 45 Petition for Certiorari under Rule 65

Where filed Only to SC If from RTC, CA first (St. Martin’s case)
Issues involved Purely of law Jurisdictional cases
It may entertain findings of fact.
Jurisdiction Appellate jurisdiction Original jurisdiction
Pre-condition MNT/MR is an option MR is pre-requisite
Time of filing 15 days from notice of judgment, final order 60 days
or order denying MNT/MR
Parties Lower court or judge is not impleaded Tribunal, board or officer is impleaded as nominal party
Stage of Only after final order or judgment During pendency of case/even before judgment
proceedings Against an interlocutory order
Stage of It suspends judgment, final order or resolution Not suspended, unless there is TRO or writ of preliminary injunction
execution
PRC under Rule 45 Review under Rule 64 Petition for Certiorari under Rule 65
Where filed SC SC RTC, CA, Sandiganbayan, COMELEC
Scope Review of final decisions usually Review of final decisions from Interlocutory order
from CA COMELEC or COA Grave abuse of direction and no other
appeal, or other plain, speedy and
adequate remedy
Basis Questions of law Questions of law Questions of jurisdiction
Mode of appeal Appeal Appeal Review
Jurisdiction Appellate Appellate; however this is SCA (not Original
a continuation of original action)
Time of filing 15 days from notice of judgment 30 days 60 days from MNT/MR
Stay of  , unless SC directs otherwise , unless there is TRO or writ of
judgment preliminary injunction
Parties involved Original parties Original parties Originla parties
Lower court not impleaded COMELEC/COA impleaded Judgge, court, agency, tribunal,
corporation, board, officer or person are
impleaded
MR Optional Required REquired
Review of judgments or Scope under Rule 1. Quasi-judicial agencies, excercing quasi-judicial functions.
final orders of the COA 43 2. CSC
Review of judgments or 3. CBAA
final orders of the 4. SEC
COMELEC 5. Office of President
Review of judgments or 6. LRA
final orders of the CSC 7. SSC
Review of judgments or 8. Civil Aeronautics Board
final orders of the 9. Bureau of Patents
Ombudsman 10. National Electrification Administration
Review of judgments or 11. Department of Agrarian Reform
final orders of quasi- 12. GSIS
judicial agencies 13. Employees Compensation Commission
14. Insurance Commission
15. Board of Investments
16. CIAC and voluntary arbitrators
Other rules Intracorporate disputes RTC  CA under Rule 43
CSC CA udner Rule 43
Voluntary arbitrator CA under Rule 43
COMELEC SC under Rule 64
COA SC under Rule 64
NLRC CA under Rule 65, not Rule 43
DOLE Secretary when he acts like an arbitrator SC under Rule 65, not covered by SC under Rule 45
DOJ President, if RP or Death
President CA under Rule 43, upon PR on ruling of DOJ on RP and Death
(admin ruling)
DOJ CA under Rule 65, not appealable
Ombudsman CA by PR under Rule 43 CA through Certiorari under Rule 65 SC through certiorari under Rule 65
Administrative Administrative ruling acquits the Criminal cases in terms of determination of
disciplinary cases only. officer, exonerates him or penalty is probable cause (confined only to
not more than 1 month. determining grave abuse of discretion)
Dismissal, Dismissal An appeal may be dismissed by CA motu pro prio or upon motion, on the following grounds:
reinstatement, and 1. Failure of Record on Appeal to show upon its face that it was taken within the period fixed.
withdrawal of appeal 2. Failure to file a notice of appeal or record on appeal within period prescribed.
3. Failure to pay docket and other lawful fees.
4. Unauthorized alterations, omissions or additions in the approved record on appeal.
5. Failure of appellant to serve and file the required number of copies of his brief or memorandum within
time provided.
6. Absence of specific assignment of errors.
7. Failure to take correction or completion of record within time prescribed
8. Failure to appear at the preliminary conference or observe orders of court.
9. Order or judgment is not appealable.
Reinstatement
Withdrawal A party may withdraw his appeal even when it has been perfected.
Sec 3, Rule 50 states, “an appeal may be withdrawn as a matter of right at any time before the filing of appellee’s
brief. Thereafter, withdrawal may be allowed in discretion of court’.
Dual function of Review For Correctness Function Institutional Function

appellate courts Case is reviewed on appeal to assure that substantial justice has Progressive development of law for general application in the
been done. judicial system.
It is concerned with justice of particular cases. Articulation and application of constitutional principles,
authoritative interpretation of statutes, and formulation of policy
within the proper sphere of judicial function.
With each level of appellate, review for construction diminishes. Uniformity of judicial administration and progressive development
of law increases.
Duality relates to all adjudication in the common law system.

1. First pertains to Doctrine of Res judicata.
2. Second is the Doctrine of Stare Decisis, which pertains to precedential value of cases which assists in deciding future similar cases by
application of rule or principle derived from earlier case.
The “Harmless Error Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by court or a party—is a ground for
Rule” in Appellate granting an MNT, for setting aside a verdict, or for vacating, modifying or otherwise disturbing a judgment or order.
Decisions At every stage of proceeding, court must disregard all errors and defects that do not affect any party’s substantantial rights.
Relief from judgments Remedies against a final and executory judgment:
or final orders and 1. PR under Rule 38
resolutions (Rule 38) 2. Annulment under Rule 47
3. Direct action for certiorari under Rule 65
4. Collateral attack against judgment if judgment is void on its face or void by its own recitals
Grounds for PR from judgment, order or other proceedings PR from denial of appeal
availing of the When final judgment or order has been entered or any When final judgment or order has been entered and
remedy other proceeding after is taken against a party through party has been prevented from taking an appeal
FAME. through FAME.
Notes:
1. It applies to criminal cases.
2. It is similar to an MNT, only that it presupposes a final judgment or order.
3. It includes the MTC.
4. It cannot be filed against a judgment in CA. “Any court” in Sec 1 and 2 Rule 38 only refers to trial courts.
5. Example of ground “proceedings was taken against petitioner”:
a. Respondent filed Motion for Issuance of Writ of Execution which was granted and properties of
petitioners were levied and sold pursuant to such writ.
6. It includes a situation where the party was prevented from taking an appeal.
7. It is only availed of by a party to the orignal proceeding.
Time to file action 60 days after he learns of the judgment, final order or other proceeding to be set aside and not more than 6
months after such judgment was entered, or such proceedings taken.
Contents of 1. PR must be verified.
petition 2. It needs a certificate of forum shopping.
3. It must be accompanied with affidavits showing FAME relied upon and facts constituting the petitioner’s
good and substantial cause of action or defense.
Additional notes:
Motion to lift order of default MNT under Rule 37 PR under Rule 38
When filed After notice of order but before During period of appeal 60 days after he learns of judgment but not
judgment more than 6 months.
Grounds FAME FAME + newly discovered FAME
evidence
1. MNT could also be a remedy to a defendant declared in default.
a. Motion to lift Order of Default may only be availed of before a judgment of default is rendered. Once it is rendered,
MNT.
2. If losing party files PR under Rule 38 before finality of judgment, it will be treated as MNT.
3. If denied, remedy is Certiorari under Rule 65.
4. You cannot file PR under Rule 38 against SC because it is not a trier of facts. FAME is a question of fact.
5. It is still an ordinary remedy.
6. It is not an independent action. It is a continuation of the old case.
a. Party cannot assail the jurisdiction of the court through PR under Rule 38.
b. No need for summons.
c. There is no Declaration of Default in PR under Rule 38. Failure to file an Answer does nto constitute to default
because there was no service of summons
7. It shall be filed to the court that rendered the judgment, ordered the proceeding or denied his appeal, in the same case.
8. Preliminary injunction is necessary to stay the judgment.
9. If the court denies the PR, it is a final order and it is not appealable.
a. Remedies:
i. Annulment of judgment under Rule 47
ii. Direct or collateral attack if judgment is void ab initio for lack of jurisdiction.
Annulments of Rule 47 Grounds for annulment 1. Extrinsic Fraud

judgments or
final orders and a. : it shall not be a valid ground if it was availed of in an MNT/MR
resolutions 2. Lack of jurisdiction
Period to file action Extrinsic fraud Lack of jurisdiction
4 years from its discovery Before it is barrged by laches
But an action for annulment can be resorted to only if remedies of MNT, appeal, PR or other appropriate remedies are no longer available
through no fault of petitioner.
Effects of judgment of Extrinsic fraud Lack of jurisdiction
annulment 1. CA may, on motion, order the trial court to try the case 1. Entire proceedings are set aside without prejudice to the
as if a timely MNT had been granted. original action being re-filed in the proper court.
2. Evidence not found in records of case (Extraneous 2. Evidence not found in records of case (Extraneous
Evidence) is admissible. Evidence) is not admissible.
NOTE:
1. It applies to civil cases only.
2. A person not a party to the case in which the judgment is rendered may file an action for annulment of judgment. However, only if:
a. He has been a successor-in-interest by title subsequent to the commencement of the action
b. Action or proceeding is in rem, the judgment of which is binding against him.
3. Decision of CA on petition for Annulment under Rule 48 is appealable to SC under Rule 45.
Collateral
attack on
judgments
S. Execution, Satisfaction and Effect of Judgments (Rule 39)

Difference Finality of judgment for purposes of appeal Finality of judgment for purposes of execution
between Difference It refers to a judgment which completely disposes of Judgment where:
finality of a case. 1. Period to appeal has expired without any appeal being duly perfected
judgment for It is different from an interlocutory order which still 2. Appeal has been perfected but finally resolved.
purposes of leaves something more to be done by the court and It is more precisely referred to as final and executory in order to avoid confusion ith final judgment in
appeal and is not appealable. the first sense.
for purposes
of execution Notes:
1. There are final judgments or order to which the concept of execution is not applicable.
a. If the judgment does not order the doing of something or the payment of money, there is nothing to be enforced or executed.
b. In these cases, the judgment becomes “final and unappealable “upon lapse of appeal period, not “final and executory”.
i. Examples:
1. Judgment dismissing a case without pronouncement as to damages and costs.
2. Judgment in an injunction case which orders the defendant not to do an act
3. Judgment declaring a contract null and void
4. Land registration proceedings, after the ownership has been proved and confirmed by judicial declaration—no further proceeding to
enforce the ownership is necessary.
a. : Adverse or losing party had been in possession of the land and the winning party desires to oust him.
2. Once a decision has become final and executory, only jurisdiction left with the court is to order its execution. To allow a supplemental hearing would be to amend or
alter a final execution.
3. Orders of execution are not appealable.
4. If the order of execution varies in terms of judgment, or gives an improper interpretation of judgment, it cannot be appealed.
a. Prior rulings that such orders of execution may be appealed are superseded by Sec 1, Rule 141.
b. Remedy of aggrieved party is to file a Petition for Certiorari under Rule 65.
5. Judgment is a matter of right once it becomes final and executor:
GR: Instances where execution is a matter of right. : Instances wherein court may refuse to enforce a final and executory judgment
1. No appeal and and execution becomes final. 1. It is actually an incomplete or conditional judgment.
2. There is an appeal but CA judgment becomes final. 2. Judgment was novated by the parties’ subsequent agreement.
3. Judgment in an action for injunction, receivership, accounting, support, 3. Supervening facts made execution inequitable. For the supervening event
judgment declared to be immediately executory. to apply, it must happen after the judgment has become final and
4. Judgment in cases governed by SP, including forcible entry and unlawful executory.
detainer because it is immediately executory. 4. Execution was enjoined (e.g. PR or Annulment with TRO or writ of
5. Judgment in cases governed by Small Claims since it is final, executory and preliminary injunction).
unappealable. 5. Judgment became dormant, except support which can be executed by
motion.
6. Execution was unjust or impossible.
7. Judgment has already been executed because parties voluntarily complied
with it.
8. Higher interest of justice to refuse execution.
9. Execution is sought against property exempted from execution.
When Sec 1-2, Execution as a matter of right Discretionary execution

execution Rule 39 When does No appeal On motion, upon a judgment or order With trial court With appellate
shall issue it issue has been that disposes of the action or court
perfected proceeding upon expiration of period to 1. Residual jurisdiction of the trial court. This means the motion Trial court has
appeal was filed before expiration of 15-day or 30-day reglementary already lost
Appeal has On motion, in the court of origin, period and trial court still has possession of either the original jurisdiction.
been submitting certified true copies of records or record on appeal.
perfected judgments or final orders sought to be 2. CA has yet to give due course to a PR (Rule 39 in relation to
enforced with notice to adverse party. Sec 8, Rule 42).
3. Requirement of good reason.
Appellate court may direct the court of
origin to issue the writ of execution, on
the motion in the same case, when
interest of justice so requires.
Codal 1. There is a judgment or order that disposes the Execution of judgment or final order pending appeal Execution of
provision action or proceeding. several, separate or
2. Period to appeal has expired and no appeal partial judgments
has been duly perfected. Trial court still has jurisdiction After trial court losses It shall be executed
3. After perfection or final resolution of appeal, of the case or possession of jurisdiction. under the same
judgment oblige (winning party) shall file a original record or record on terms and
motion. appeal at the time of filing of conditions as an
4. The motion is directed to the court of origin, motion Execution Pending
submitting with it certified true copies of the Prevailing party files a motion Motion for execution pending Appeal.
judgment or final orders, or orders sought to for execution pending appeal to appeal may be filed with the
be enforced and its entry. the trial court. appellate court.
5. There must be notice to the adverse party.
6. In the same case, judgment oblige may also
file a motion to the appellate court when 1. Party must also send notice of the motion to the adverse
interest of justice requires to direct the court party.
of origin the issue the writ of execution. 2. Court will only issue writ of execution upon good reasons
stated in the Special Order after due hearing.
3. There shall be a hearing for this purpose.
Requisites 1. Prevailing party must file a motion for 1. Motion of the prevailing party with notice to adverse party.
execution with the court of origin with notice 2. Upon good reasons to be stated in the Special Order after due hearing
to adverse party.
2. Upon rendition of judgment or order that Note: Good reasons—circumstances must be superior, outweighing the injury or damages that
completely disposes the action or proceeding. may result if the losing party secures a reversal of the judgment on appeal.
3. No MR, MNT or appeal is filed within the Examples are:
reglementary period. 1. There is danger of the judgment being ineffectual.
2. Insolvency of debtors.
3. Irreparable injury.
4. Perishable goods
5. Old age
Period Period to appeal has already lapsed and no appeal is May issue before lapse of period of appeal and even during appeal.
perfected.
Duty of Ministerial, as long as no supervening events. Discretionary as long as there is inquiry on whether there is good reason for the execution.
court
Personal notes on Execution as a Matter of Right:

1. GR: Only judgments that have become final and executor may be enforced by execution.
a. : Even if judgments have not yet become final and executor, they may be executed as long as the prevailing party complies with requirements of
discretionary execution or execution pending appeal.
2. Writ of execution shall only issue upon motion. It cannot be motu proprio. In fact, it applies even to judgments that are immediately executory. “There must be a
motion to that effect and a hearing called for that purpose” (Lou vs. Siapno).
3. SC Circular 24-94 states that motion for issuance of writ of execution must contain a notice to the adverse party. Motion for execution cannot be issued ex parte.
4. Only court of origin can issue the writ of execution. Court of origin, however, may execute judgment even before the appellate court remands (retunrs) the records on
of the case. It may do so solely on the basis of a certified true copy and its entry of the appellate’ courts judgment.
5. Remedy of parties:
Prevailing party if motion for execution of judgment is denied Losing party if motion for execution is granted
Mandamus under Rule 65. MQ writ of execution or file a petition or Certiorari under Rule 65.
Grounds for MQ the writ of execution:

1. Change in situation of parties rendering the execution inequitable.
2. Issued against wrong party.
3. Issued without authority.
4. Improvidently issued.
5. Defected in substance
6. Judgment already satisfied
7. Controversy was never submitted to court
Personal notes on Execution as a Matter of Discretion

Notes as to Jurisdiction of court:
1. (Connect to perfection of appeal) Trial court loses jurisdiction over the entire case when:
a. Perfection of appeals filed in due time
b. Expiration of time to appeal of other parties
i. In appeals by Record on Appeal, over subject matter of record (but it still retains jurisdiction over the remaining subject matters not covered by
the appeal).
1. Upon approval of record on appeal filed in due time
2. Upon expiration of time to appeal of other parties.
2. A party’s appeal is deemed perfected (as to him):
Ordinary appeal Petition for review
Notice of appeal Record on appeal
Filing in due time Approval on appeal filed in due time, with respect to subject matter Filing of petition and payment of docket fees.
3. A motion for execution pending appeal can no longer be filed with trial court after it has lost jurisdiction, even if it still has possession of either the original record or
record on appeal.
4. On the other hand, a trial court may order execution pending appeal even after it has lost jurisdiction, provided that a motion for execution was filed before it lost its
jurisdiction and provided order is issued prior to transmittal of records.
5. If there is a pending MR, an order of execution pending appeal is premature.
a. Pendency of MR precludes execution of decision because motion serves as a vehicle to point out the findings and conclusions of decision in which, in the
movant’s view, are not supported by law.
b. If the judge finds it meritorious, he can reverse the decision.
Notes on Good Reasons

1. Example of good reasons:
a. There is danger of the judgment becoming ineffectual (as where losing party is disposing of its assets or where articles would deteriorate).
b. Judgment debtor is insolvent or in imminent danger of being insolvent.
2. Financial distress of a juridical entity is not a good reason. It has alternative remedies like loans, advances internal cash generation and the like to addres its precarious
financial condition.
3. “Appeal is frivolous and dilatory” is not a good reason. Trial court would virtually be pre-empting the appellate court’s decision on the appeal.
a. NOTE: On the other hand, appellate court can order an execution pending appeal (upon motion) if it finds that the appeal itself is frivolous and dilatory.
Thus, it must be upon the appellate’s own accord.
4. Mere post of a bond is not a good reason. Otherwise, execution pending appeal would issue as a matter of course.
Notes on Procedure:
1. Motion
2. Hearing
3. jurisdiction of trial court or with appellate court
4. Good reasons
5. Good reasons stated in Special Order
Notes on Effect:
1. An award for actual and compensatory damages may be ordered pending appeal but not an award for moral or exemplary damages.
a. Moral and exemplary damages are dependent on the outcome of appeal while actual damages are fixed and certain. Existence of factual bases of these
types of damages and their causal relation to the petitioners’ act will have to be determined in the assignment of errors of appeal.
b. Actual damages based on breach of specific contract and amounts of which are fixed and certain.
2. Certiorari is remedy if motion for execution pending appeal is granted without good reasons.
a. In this case, defendant also had another option other than certiorari—filing of supersedes bond.
b. However, certiorari is still the remedy because filing of supersedeas bond does not entitle him to suspension of execution as a matter of right. Thus, it cannot
be considered as a plain, speedy and adequate remedy. Certiorari will lie despite the option of supersedeas bond.
3. Court may modify or alter judgment, even after it has become executory if there are circumstances what will render its execution unjust and inequitable.
Notes as to Trial Court’s Stages of Jurisdiction in appealed cases:

Full jurisdiction When trial court has jurisdiction and it is in possession of original record or record on appeal.
Residual jurisdiction It has lost jurisdiction but original record or record on appeal has not yet been transmitted to the appellate court.
Executory jurisdiction Trial court has lost jurisdiction and original record or record on appeal has been transmitted.
Trial court has no more power over the case except to issue or enforce the writ of execution if the judgment becomes final.
Notes as to Suspension of Discretionary Execution:

1. Losing party (party against whom execution is directed) may file a supersedeas bond to stay the discretionary execution.
a. Condition of the bond is the performance of the judgment or ordered allowed to be executed
b. Supersedas bond applies only to discretionary executions.
c. GR: If the defendant puts up a supersedes bond, court shall recall the execution pending appeal.
i.  (execution pending appeal may still be granted despite the supersedeas bond): Special and compelling reasons outweighing the security
offered. For example, a judgment for support.
2. It is the court which issued the order for execution pending appeal (be it trial or appellate court) that should approve the supersedeas bond.
a. However, once the records are transmitted to the appellate court, only the appellate court can approve.
Notes on Execution:
 “Immediately executory” vs. “immediately final and executory”
“Immediately executory” “immediately final and executory”
It may be appealed but appeal does not stay the execution of judgment or final order. It may not be appealed.
 Judgments that are immediately final and executory:

o Summary judicial proceedings in Family Law
 Petition for declaration of presumptive death of absentee spouse
o Direct contempt
o Compromise judgments
o Small Claims
 Judgments that will not be stayed by the supersedeas bond or appeal because these are immediately executory:
Injunction, Receivership, Accounting and Enforceable after their rendition and shall not be stayed by an appeal taken from it, unless otherwise ordered by trial court (Sec 4,
Support and such other judgments Rule 39
declared to be immediately executory
Ejectment cases against the defendant 1. Unless defendant executes a supersedeas bond and makes periodic deposits of rent or reasonable value for use and
occupation of premises.
2. It shall be immediately executory, without prejudice to a further appeal (Sec 21 Rule 70)
Summary Procedure Decision of RTC on appeal shall be immediately executory, without prejudice to appeal (Sec 21 Summary Procedure)
Deficiency judgment in a judicial It is appealable, although immediately executory.
foreclosure proceeding
Indirect contempt Appealable to proper court as in criminal cases, but execution of judgment or final order shall not be suspended until a bond is
filed.
Expropriation proceeding Right of plaintiff to enter upon defendant’s property for public use or purpose shall not be delayed by appeal.
Rules on Corporate Rehabilitation PR shall not stay the execution, unless restrained or enjoined by appellate court (Sec 3 Rule 3, Rules on Corporate Rehabilitation)
Intra-Corporate Controversies under SRC No appeal or petition shall stay, unless restrained by appellate court (Sec 4, Rules on Intra-Corporate Controversies).
Environmental Cases Any judgment directing performance of acts for protection, preservation or rehabilitation shall be executory pending appeal,
unless restrained by appellate court (Sec 2 Rule 5, Rules of Procedure for Environmental Cases)
How a Execution by Sec 6 Modes of enforcement:
judgment is motion or by By motion By independent action for revival of judgment
executed independent 1. Within 5 years from date of entry` 1. After lapse of 5 years from entry and before it is barred by Statute
action 2. If a writ of execution was issued and levy was of Limitations.
made within the 5-year period, auction sale after 2. Statute of Limitations provide that actions upon judgment must be
it will be valid as long as it is made within the 10- brought within 10 years from entry of judgment. Thus, an
year period. independent action for revival may still be filed within 5 years after
3. If no levy was made within the 5-year period, the lapse of the first 5.
writ of execution may no longer be enforced by a. Prevailing party should file an action or revival of
motion but by independent action. judgment after 5 years but within 10 years from its date
of entry.
b. When judgment has been revived, prevailing party can
enforce it by motion within 5 years from date of entry of
revived judgment.
Personal notes:
1. “Entry of judgment” means date of entry.
2. A Dormant Judgment is one which has not been enforced by motion within 5 years after its entry and is thus reduced to a mere
right of action in favor of the judgment oblige. It is enforced by filing an Action for Revival of Judgment and enforcing the decision in
it.
3. Action for revival of judgment is not meant to re-open any issue affecting merits or propriety of the first judgment. It is a new and
independent action wherein the cause of action is the decision itself and not the merits of the action.
a. It is within jurisdiction of RTC because incapable of pecuniary estimation.
b. If action affects title or possession of real property, it must be filed with court of place where real property is located. If it is
a personal action, court where plaintiff or defendant resides.
4. GR: Motion first within 5 years  Independent Action for Revival after 5 years.
a. EXCEPTIONS (Motion if after 5-year period):
i. It was the judgment debtor who incurred delay because he employed legal maneuvers to block the
enforcement of the judgment.
ii. Parties agreed to suspend.
iii. Other grounds where common denominator is that it was the judgment debtor who caused the delay or
incurred it for his benefit.
5. A revived judgment is a new judgment. Thus, there is another 5/10-year period to execute and revive it. The second revived
judgment can again be enforced under this section.
6. Sec 6 does not apply to:
a. Judgment for support because these do not become dormant and can always be executed by motion. Obligation is
continuing and court never loses jurisdiction.
b. Special proceedings (land registration and cadastral cases) because right to ask for writ of possession does not prescribe.
c. Contempt orders in an unauthorized re-entry on the land by ejected defendant.
d. Writ of Possession because it is not in the nature of a civil action but a judicial proceeding governed separately by Act
3135.
e. Action for Reconveyance base don implied or constructive trust, it may be treated as an action to quiet title if they have
been in possession of the property. Its filing does not prescribe.
Issuance and Sec 8 Writ of execution shall:

contents of a writ 1. Be issued in the name of RP from the ground that granted the motion.
of execution 2. State the name of court, case number and title, dispositive party of subject judgment or order.
3. Require sheriff or other proper officer to whom it is directed to enforce the writ according to its terms.
Sheriff shall enforce in these manners:

If execution is against property of Out of judgment obligor’s real or personal property, with interest.
judgment obligor
Against real or personal property in the Out of real or personal property of personal representatives, heirs, devisees, legatees, tenants or
hands of personal representatives etc. trustees of judgment obligor, with interest.
Sale of real or personal property 1. Sell such property
2. Apply provides in conformity with judgment, material parts of it shall be recited in the
writ of execution.
Delivery of possession of real or 1. Deliver possession to the party entitled to it.
personal property 2. Satisfy any costs, damages, rents or profits covered by the judgment out of the personal
property of the person against whom it is rendered.
3. If sufficient personal property cannot be found, out of real property.
In all cases Writ of execution shall state:
1. Specific amounts of reliefs sought by the movant.
2. Specific amount of interest, costs, damages, rents, or profits due as of the date of
issuance of writ, aside from the principal obligation.
Execution of Sec 9 If award is for payment of money, judgment is enforced through:
judgments for Immediate 1. Obligor shall pay in cash or certified check, or any other form of payment acceptable to oblige.
money payment on 2. If obligee or his representative is not present to receive, deliver to executing sheriff.
demand a. Sheriff will turn to clerk who issues the writ.
b. If practicable, sheriff can deposit to a fiduciary account in the nearest government depositary
bank of RTC of locality.
Satisfaction by 1. This presupposes that obligor could not pay all or part of the obligation.
levy 2. The officer shall levy the properties of obligor.
3. Properties are of every kind and nature, which may be disposed of for value and not otherwise exempt from
execution.
4. Obligor has the immediate option to choose which property or part may be levied upon.
5. If he does not exercise the option, officer shall levy:
a. Personal property
b. Real properties, if personal properties are insufficient.
6. Sheriff shall only sell a sufficient portion which has been levied upon.
7. If there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees,
he must sell only what is sufficient to satisfy the judgment.
8. Real property, stocks, shares, debts, credits and other personal property or any interest in either real or
personal property, may be levied upon in the same matter as under a Writ of Attachment.
Garnishment of 1. Officer may levy:

debts and credits a. Other debts due to the judgment obligor (so that obligor’s debtor will pay the court instead of
him)
b. Other credits
c. Bank deposits
d. Financial interests
e. Royalties
f. Commissions
g. Other personal property not capable of manual delivery in possession or control of third parties
2. This shall be made by serving notice upon person owing such debts, or person having in his possession or
control such credits to which the obligor is entitled.
3. It shall only cover the amount sufficient to satisfy judgment and all lawful fees.
4. Garnishee shall make a written report to court within 5 days from service of notice of garnishment on
whether or not obligor has sufficient funds or credit to pay the judgment.
5. If not, the report will state how much the garnishee holds.
6. The garnished amount in cash, certified bank check issued in the name of oblige shall be delivered directly
to him within 10 days from service of notice on garnishee requiring delivery.
7. If there are two or more garnishees holding deposits and credits, obligor shall have the right to indicate
which shall be required to deliver.
Execution of Sec Conveyance, 1. This contemplates the following directions in the judgment:
judgments for 10 delivery of deeds, a. Execute a conveyance of land or personal property
specific acts or other specific b. Deliver deeds or other documents
acts; vesting title c. Perform any other specific act in connection with it
2. Party fails to comply within time specified.
3. Court may direct another person appointed by court to do the act directed. This shall have the effect as if
done by the party.
4. If real or personal property is situated in the Philippines, court in lieu of directing conveyance, may divest
the title of any party and vest it in others. This shall have the force and effect of Conveyance.
Sale of real or Sell property, describing it, and apply the proceeds in conformity with the judgment.
personal property
Delivery or 1. Officer shall demand the person, to whom the judgment for delivery or restitution of real property is
restitution of real rendered; and all persons claiming rights under him, to vacate the property within 3 working days.
property 2. Otherwise, he shall oust all such persons with assistance of peace officers.
3. Any costs, damages, rents or profits shall be satisfied in the same manner as a judgment for money.
Removal of 1. This contemplates a property within improvements constructed or planted by judgment obligor or his agent.
improvements on 2. Officer shall not destroy, demolish or remove them
property subject a. : Special Order by order, issued upon motion of obligee and due hearing.
of execution
Note: Special order referred is Special Break Open Order.
Delivery of Officer shall take possession of the personal property and deliver it to the party entitled to it, and satisfy any judgment
personal property for money as provided.
Note: Special Break Open Order is the special order provided in

Execution of Sec Special Judgment: one which requires performance of any act, other than payment of money or sale or delivery of real or personal property,
special judgments 11 which a party must personally do because of his personal qualifications and circumstances have been held into consideration.
1. Judgment should not require performance of a service. Otherwise, it would run afoul of the Constitutional proscription against
involuntary servitude.
2. How enforced: A certified copy of judgment shall be attached to the writ of execution and shall be served by officer upon the party
against whom it is rendered, or upon any other person required thereby, or by law to obey it. If person disobeys, he shall be punished
for contempt.
Ex: One which orders the defendant to disclose a secret formal, code or password to plaintiff or install a software personally designed by and
known only to the defendant.
Effect of levy on Sec Levy on execution shall create a lien in favor of judgment oblige over the right, title and interest of judgment obligor in such property, at the time
third persons 12 of levy, subject to liens and encumberances.
In respect to land, writ of execution shall be registered with RD in order to affect third persons.
Properties Sec 13, 1. Family home and land necessarily used for it, and homestead.
exempt from Rule 39 2. Lettered gravestones
execution 3. Insurance life proceeds
4. Provisions for individual or family use sufficient for 4 months.
5. Clothing and articles for ordinary personal use
6. Household furniture and utensils not exceeding 100,000.
7. Implements and tools ordinarily used in livelihood
8. Earnings, salaries and wages for personal service within 4 months preceding levy
9. Fishing board and accessories not exceed 100,000.
10. Support, pension, gratuity from government
11. Law specially exempts
a. Right to receive support + money or property obtained as support shall not be levied upon attachment or execution.
b. Foreign currency deposits under the Foreign Currency Deposit Act.
c. Deposits maintained by banks with BSP as party of their reserve requirements.
12. Beasts of burden
13. Professional libraries and equipment not exceeding 300,000.
Notes:
1. These properties are not exempted from execution issued upon judgment recovered for its price or upon judgment of foreclosure of mortgage.
2. Prior to filing of case, exemptions may not be waived by stipulation because it is against public policy. When the case is filed however, party may waive it.
3. Exemptions must be claimed at the time the sheriff is effecting the levy and garnishment. However, in case of family home, it may be raised before sale of property.
4. Right to exemption from forced sale or execution of family home is a personal privileged granted to judgment debtor.
a. It cannot be claimed by the sheriff but by the debtor himself before the sale of property.
b. Claim must be set and proved tot eh sheriff. Failure to do so would estop the party.
5. Income exemptions do not apply to juridical persons.
Proceedings Sec 16, Third party claim Third party complaint

where Rule 39 Definition It is merely an affidavit. It is a pleading.
property is Who files Stranger Party
claimed by Leave of court Does not require REquires
third persons
Definition THIRD PARTY CLAIM or TERCERIA: remedy afforded to a third party with a claim to property levied, attached or seized by virtue of court order,
wherein the part makes an affidavit of his title or right of possession to the property and serves the affidavit upon court officer and a copy upon
judgment oblige.
Cases Available It is available in cases of:

1. Levy on execution (Sec 16 Rule 39)
2. Attachment (Sec 14, Rule 57)
3. Replevin (Sec 7, Rule 60)
Husband can file a third-party claim if the conjugal property is being levied upon to answer for the separate obligation of the wife. However, if
conjugal property or community property is being levied upon to answer for an obligation charegeable to the conjugal or community property, a
spouse cannot file a third-party claim because he is not considered a third party.
Procedure 1. Third party makes an affidavit showing his title or right of possession over property.
2. Serves upon levying officer and copy upon judgment oblige.
3. Thereafter, officer is not bound to keep the property.
a. : Judgment Obligee (on demand of officer) files Terceria Bond approved by court to indemnify the third-party claimant in the
sum not less than value of property levied.
b. Officer shall not be liable for damages for taking or keeping the property if the Terceria Bond is filed.
4. Claim for damages for taking or keeping the property may be enforced by third-party against bond, provided he files an action within 120
days from filing of the bond.
When claimed While the property is still in possession of officer and before it is sold at execution
If the sheriff still proceeds with the sale of property even if no indemnity bond was filed, he shall be personally liable for such damages sustained by
the third-party claimant.
Remedies of third 1. Motion or application for release of property. This is based on continuing jurisdiction of court with respect to matters concerning
party with claim to execution of judgment.
title or possession of 2. Terceria.
property levied 3. Action to claim damages on indemnity bond if one is filed
4. Separate reinvidicatory action to recover possession of property from officer or purchaser at execution sale.
Note:
1. No intervention in Rule 39 because intervention should be filed before rendition of judgment.
2. He may file a separate action to recover possession because there is nothing in Sec 16 that prevents a third-party claimant from using a
separate action to vindicate his claim.
3. Judgment oblige may claim damages against third-party claimant in the same case or file a separate action for damages in case
third=party claim is frivolous or spurious.
In relation to Third party has the additional remedy of intervention which is not available in Rule 39. This is because intervention may be availed of only before
attachment and rendition of judgment.
replevin
Rules on How property is sold 1. Sale must be made at public auction, to the highest bidder to start at the time fixed in the notice.
redemption on execution 2. Excess property or proceeds of sale shall be delivered to judgment obligor.
3. Judgment obligor, if present at the sale, may direct the order in which property shall be sold, when proper consists of several lots which
can be sold separately.
4. Officer conducting the sale cannot purchase or be interest directly or indirectly in any purchase at such sale.
5. Officer shall issue a certificate of sale to purchaser pursuant to Sec 24 and 26 Rule 39.
Notes:
Judgment oblige does not need to pay the amount of the bid if he is the purchaser at the execution sale.
EXCEPTIONS:
1. Third-party claim has been filed
2. Amount of his bid exceeds the judgment, in which case he shall only pay the excess. This happens when there is another bidder other
than the judgment oblige.
Right of Redemption 1. In cases of personal property, there is no right of redemption.
2. In cases of real property, there is right of redemption.
a. Officer must give purchaser a certificate of sale and this must be registered with RD where the property is situated.
b. This is necessary since one-year redemption period commences from registration of certificate sale.
Note:
1. Right of redemption is for the protection of the redemptioner. This allowed to because if there is no redemption made within the
allowable period, redemptioner’s lien on the property is obliterated because the purchaser acquires all rights of judgment obligor to
the proeprty as of the time of levy, fee of subsequent liens.
2. While growing crops are real property under Civil Code, right to growing crops mobilizes the same by anticipation. Hence, there is no
right of redemption over it.
Who may redeem 1. Judgment obligor or his successor-in-interest
2. Redemptioner (creditor having a lien by virtue of attachment, judgment or mortgage) on the property sold subsequent to the lien under
which the property was sold. Their right to redeem is an example of legal right of redemption.
Periods Judgment obligor 1 year (whether exercising first or subsequent registration) from date of registration of certificate of sale within
which to redeem property. Once he redeems, there is no further redemption.
In no case may the judgment obgliro redeem beyond the one-year period.
Redemptioner exercising 1-year
first redemption
REdemptioner exercising 60 days after the last redmeptoin within which to redeem. He may redeem even beyond the 1-year priod
subsequent redemption provided it is within 60 days after the last redemption.
Notes
1. Judgment obligor shall be entitled to rents, earnings and income of property pending redemption until the expiration of his period of
redemption.
a. Once the one-year redemption period has expired, these shall belong ot purchaser or redemptioner as the case may be.
2. Under ACT 3135 (extraforeclosure sale of real estate mortgages), issuance of writ of possession is still ministerial upon the court after the
foreclosure sale and during redeption period. This is upon mere filing of an ex parte motion and approval of bond.
a. : Sec 33 Rule 39 is made applicable to extrajudicial foreclosures of real estate mortgages, possession shall be given to the
purchaser or last redemptioner unless a third party is actually holding the property in adverse capacity to the judgment
obligor.
i. Thus, court’s obligation to issue an ex parte writ of possession ceases to be misniterial.
ii. Possession must be adverse. Posesssion must be in his own right and not merely as successor or transferee of right
of possession.
Examination Sec 39 Remedies of judgment oblige in aid of execution:
of judgment Rule 36 Examination of judgment obligor 1. He is entitled to an order from court which rendered judgment, requiring the obligor to appear and be examined
obligor when when judgment return unsatisfied concerning his property and income.
judgment is 2. Proceedings may be had for application of property and income to the satisfaction of judgment.
unsatisfied Examination of obligor of judgment 1. Court may require obligor of judgment obligor to appear before court or commissioner appointed by it for examination.
Examination Sec 37 obligor 2. Person indebted to judgment obligor may pay to the sheriff holding the writ of execution the amount of his debt and this
of obligor of and 39, shall constitute sufficient discharge of the debt.
judgment Rule 36 Order for application of property and 1. If upon investigation of his current income and expenses, it appears that earnings of judgment obligor for his personal
obligor income to satisfaction of judgment services are more than necessary to support his family, court may order that he pay in fixed monthly installments.
2. Upon his failure without good excuse, court may punish him for contempt.
Appointment of receiver 1. Court may appoint a receiver of property of judgment obligor.
2. It may also forbid a transfer or other disposition or any interference with property of judgment obligor not exempt from
execution.
Notes:
1. No judgment obligor shall be required to appear before court or commissioner outside the province or city (outside of judicial region) in which such obligor resides
or is found.
a. Remedy of petitioner is to ask the court to appoint a commissioner and for the order to specify the time and place in place of residence where examination
shall be conducted.
2. In the examination of a person, corporation or other juridical entity who has the property of the judgment obligor or his obligor, and such person, corporation or
other juridical entity denies the indebtedness, court may only authorize the judgment oblige to institute an action against the person or corporation for recovery of
such interest or debt.
a. There is nothing in RC that gives court the authority to order such person or corporation to pay the judgment oblige.
3. A principal debtor bound by judgment against surety is bound even if not impleaded in the suit.
a. He is bound from time he has notice of action or proceeding, and an opportunity at surety’s request to join in the defense.
Effect of Sec Res Judicata: “A thing decided”; It means that the matter has been decided with finality by court. The matter is conclusive and can no longer be litigated.
judgments or 47(a Requisites:
final orders and b), 1. Prior judgment or order must be final and executory or final and unappealable
Rule 39 2. Rendered by court having jurisdiction over subject matter and parties
3. Prior judgment or order must be on merits or dismissal is with prejudice or has the effect of an adjudication on merits.
4. Identity of subject matter, parties and causes of action between prior and subsequent action.
It has two concepts:

Bar by prior judgment Conclusiveness of judgment
When does it Judgment or final order against: Other cases In any other litigation between the same parties or their
apply 1. Specific thing 1. Matters directly adjudged successors-in-interest, that only is deemed to have been
2. In respect to the probate of a 2. Any other matter that could adjudged in a former judgment or final order which appears
will or administration of estate have been raised in relation to upon its face to have been so adjudged or which was
3. In respect to personal, political actually and necessarily included therein or necessary
or legal condition or status of a thereto.
particular person or his
relationship to another. NOTE: It also applies to criminal cases.
Effect Judgment or final order against: Other cases Parties in both actions are the same but causes of action are
It is conclusive upon: It is conclusive between parties and their different. Hence, former judgment or final order is
1. Title to the thing successors-in-interest by title subsequent conclusive only as to matters actuall reaised and adjudged
2. Will or administration to commencement of action of special therein.
3. Condition, status or relationship proceeding, litigating the same thing and
of the person. under the same title and in the same
However, probate of a will or granting of capacity.
letters of administration shall only be prima
facie evidence of death of testator or
intestate.
Identity of There is identity of causes between prior and subsequent cases. Different
causes of
action
Conclusiveness Prior case is conclusive not only to matters adjudged but also to any other matter possibly Prior case is conclusive only to matters actually raised in
raised in relation to it. rpior case.
Preclusive Bars relitigation of case Bars only relitigation of issue
effect
Ground for MD MD It is not a ground for MD
Res judicata Law of case Stare decisis

Definition Once a judgment has become final, it is Legal conclusions announced in first appeal become and Rule that decisions of SC should stand as
conclusive as to matters taken up and could remain the law of the case in all steps below or above on precedents for future guidance.
have been taken up. subsequent appeal.
Notes:
1. Minute Resolutions is not a binding precedent. Unlike decisions, these are not published in Philippine Reports nor signed by members of court and certified by Chief
Justice.
2. Test to be applied if there are two or more conflicting decisions which are final and executory: Ask which judgment came first
Enforcement Sec 48 Effect of foreign Upon specific thing Against person

and effect of Rule 39 judgment Conclusive upon the title of the thing Presumptive of a right as between parties and their successors in
foreign interest by a subsequent title.
judgments or
final orders
Repelled Foreign judgment may be repelled by:
1. Want of jurisdiction
2. Want of notice of party
3. Collusion
4. Fraud
5. Clear mistake of fact or law
Want of It refers to either subject matter or over person. Presence of jurisdiction should be judged not only in accordance with
jurisdiction foreign law but also with Philippine law. Hence, a judgment rendered in foreign court which recongizes summons by
publication in personam suits against a non-resident defendant should not be accorded recognition in Philippines.
Fraud Extrinsic fraud
Enforcement 1. A petition for recognition and enforcement must first be filed in the Philippines.
2. However, where foreign judgment does not grant any affirmative relief, as when it merely dismisses a case or decrees a divorce, a
petition for recognition alone is proper
Note: Foreign judgment must not be barred by prescription under law of State of Rendition or under ART 1144 (an action upon a judgment must be
brought within 10 years from time the right of action accrues; it applies both to domestic or foreign judgment because it does not distinguish).

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Bar Quick Look Civil Procedure

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Remedial Law

Quick Look (Second Reading)

Limitations of power to promulgate:

Classification of courts Original and Original jurisdiction Appellate jurisdiction

Constitutional Constitutional courts Statutory courts

Courts of law Courts of law and equity Courts of equity

Principle of judicial 1. This principle arises in case there is concurrent jurisdiction.

2. General Principles on Jurisdiction

Notes on Incapable of Pecuniary Estimation:

5. On actions for recovery of sum of money:

Ultimate Objective Test (what is the main action sought):

Notes of Money Claims

Recovery of Real property Personal property

Appellate Appellate jurisdiction:

Original jurisdiction of RTC Appellate jurisdiction of RTC

MTC: Expanded jurisdiction

MTC: Delegated jurisdiction

MTC: Special/interlocutory jurisdiction

Jurisdiction over parties

Personal notes: Coram Non-Judice means anything

Jurisdiction versus the Jurisdiction Exercise of jurisdiction

Personal notes: Certiorari is not available when remedy of Appeal is available.

Jurisdiction Page 7, This is the power to:

Jurisdiction over plaintiff or petitioner Jurisdiction over defendant or respondent

Jurisdiction Page 9, Personal notes:

Jurisdiction over cases covered by Small Claims, SP and Barangay Conciliation

Other cases allowed as small claims:

Barangay Cases Applicable Not applicable

Totality Rule Page 21, Totality Rule:

Amounts that are not included in Totality Rule:

Ordinary action Special Procedure

Action in rem, in Actions in personam Actions in rem Actions in quasi rem

Personal actions Personal Real Mixed

Consequences for filing independent civil actions:

B. Cause of Action (Rule 2)

Right of Right of cause of action Cause of action

Failure to Personal notes:

Failure to state cause of action Lack of cause of action

Splitting a Sec 3-4, Singleness of Cause of Action

Rule on Anticipatory Breach of Contract

Splitting of Cause of Action

 B withdrew his appeal, resulting the decision granting his

Joinder and Sec 5-6, Joinder of Causes of Action

Misjoinder of Causes of Action

C. Parties to Civil Actions

Distinction Real party in interest Locus Standi

2. Pauper litigant as a matter of discretion (hearing required):

Alternative Sec 13 Alternative parties:

Necessary parties Sec 8, Indispensable party Necessary party

Joint debtor Solidary debtor

Misjoinder and Sec 9 Misjoinder:

Suits against Sec 15, No juridical personality

Contractual money claims Non-contractual money claims

1. Venue for revival of action depends on nature of prayer for revival.

1. Sec 3 Rule 4 does not apply if defendant is temporarily staying in Philippines.

When rules on Sec 4, The rule shall not apply:

Criminal and civil cases of RTC having jurisdiction over:

Examples of Negative Pregnant:

Counterclaims Sec 7, Compulsory Compulsory counterclaim Permissive counterclaim

Payment of Suspended There must be payment.

Tests in determining whether a counterclaim is compulsory:

Jurisdiction of compulsory counterclaims

GR: Compulsory counterclaim is also dismissed.