PRACTICE COURT 1 2019-2020, 2nd Sem

Atty. Rickson Buenviaje PJA

PRACTICE
COURT 1
as lectured by Atty. Rickson Buenviaje,
with excerpts from Riano’s book
PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA

DISCLAIMER

The following are the materials used for this work:

1. Lectures of Atty. Rickson Buenviaje

2. “Civil Procedure (The Bar Lectures Series) Volume 1” (2019) by Dean Willard
Riano; and

Some of the contents of the above have been paraphrased and questions propounded differently in
order to tailor the author’s learning method.

Answers to some questions are likewise tailored to the personal preference of the author.

I do not guaranty the absolute correctness of this work due to human errors and failure to
understand the question or concept perfectly. I apologize in advance for any error you may
encounter in this work.

However, please see to it that the error is an opportunity to learn, as Dean Jose Sundiang puts it
“The beauty of an error is to correct it, and not to perpetuate it.”

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TABLE OF CONTENTS
FRAMEWORK OF CIVIL PROCEDURE …………………………………………..... 1
Stages in Civil Procedure …………………………………………………………………. 2
CAUSE OF ACTION …………………………………………………………………. 2
Elements of cause of action ………………………………………………………………... 2
Act v. omission …………………………………………………………………………….. 2
Is it enough that there is an act or omission for the ROC to come into play? ………………. 2
Is Cause of Action synonymous with Right of Action? ……………………………………... 2
Cause of Action v. Right of Action ………………………………………………………… 2
Where no cause of action exists, can there be a right of action? …………………………….. 2
Is the right of action restricted to the plaintiff only? ………………………………………... 2
When will the Rules of Court begin to apply ……………………………………………….. 2
When can a complaint be filed? …………………………………………………………….. 3
Is verification confined to the kinds of pleadings under the ROC …………………………. 3
PREPARATION OF COMPLAINT ……………………………………………….. 3
Rules considered …………………………………………………………………………… 3
Rule 2; Cause of Action …………………………………………………………………….. 3
Rule 3; Parties to Civil Actions ……………………………………………………………... 3
Indispensable parties ……………………………………………………………………….. 3
Rule 4; Venue of Actions …………………………………………………………………... 3
Venue in criminal v. civil actions …………………………………………………………… 3
Venue of real actions v. personal actions …………………………………………………… 3
Rule 6; Kinds of Pleadings …………………………………………………………………. 4
Pleadings allowed …………………………………………………………………………... 4
Rule 7; Parts of a Pleading ………………………………………………………………….. 4
Rule 8; Manner of Making Allegations in Pleadings ………………………………………… 4
Rule 9; Effect of Failure to Plead …………………………………………………………... 4
Rule 10; Amended and Supplemental Pleadings ……………………………………………. 4
Rule 11; When to File Responsive Pleadings ……………………………………………….. 4
Rule 13; Filing and Service of Pleadings and Other Papers …………………………………. 4
FILING AND SERVICE ………………………………………………………. ……… 4
What is included under the filing of the complaint? ………………………………………… 4
Filing v. service …………………………………………………………………………….. 4
To whom should filing be made ……………………………………………………………. 5
After the OCC found the pleadings filed to be sufficient, what is his duty? ………………… 5
How much docket fees should be paid? ……………………………………………………..5
What proof is needed in order to consider one as an indigent party? ……………………….. 5
Assume that the party failed to pay correct and full docket fees,
should the court dismiss it outright? ………………………………………………………... 5
INTERIM REMEDIES AFTER FILING AND SERVICE ………………… …….. 5
Motion to dismiss ………………………………………………………………………… 5
Dismissal upon notice by plaintiff …………………………………………………….. 5
Rule as to the nature of the dismissal ………………………………………… ……….. 6
Two-dismissal rule ……………………………………………………………………. 6
Class suit ……………………………………………………………………………….. 6
Dismissal upon motion of plaintiff ……………………………………………………. 6
Rule as to counterclaims ……………………………………………………………… 6
Rule as to the nature of the dismissal ………………………………………………… 6
Class suit ……………………………………………………………………………….. 6
Dismissal due to fault of plaintiff; ……………………………………………………… 7
Grounds ……………………………………………………………………………….. 7
Who may file? …………………………………………………………………………. 7
Rule as to the nature of the dismissal ………………………………………………… 7
Amendments ……………………………………………………………………………… 7
Amendments as a matter of right .,……………………………………………………. 7
Requisites ……………………………………………………………………………… 8

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Responsive pleading …………………………………………………………………… 8
Reply …………………………………………………………………………………… 8
Motion to dismiss ……………………………………………………………………… 8
May the party amend as a matter of right after amending it before? ……………. ………… 8
Amendments by leave of court ………………………………………………………… 8
Requisites ………………………………………………………………………………. 8
Substantial amendment ………………………………………………………………… 8
Formal amendments ……………………………………………………………………. 8
Rule as to formal amendments ……………………………………………………….. 9
SUMMONS ……………………………………………………………………. ……… 9
Modes of service ………………………………………………………………………….. 9
Personal service or in person on defendant …………………………………………… 9
Modes under personal service/in person on defendant ……………………………. 9
Tender …………………………………………………………………………………. 9
Substituted service ………………………………………………………………………. 9
When is substituted service available? …………………………………………………. 9
Conditions ……………………………………………………………………………… 9
Alias summons …………………………………………………………………………… 10
Remedies available ……………………………………………………………………… 10
INTERIM REMEDIES AFTER SERVICE OF SUMMONS ……………… ……… 10
Grounds of motion to dismiss ……………………………………………………………... 10
Motion for bill of particulars ………………………………………………………………...10
Bill of particulars v. motion to dismiss ……………………………………………………... 11
Answer including affirmative defense of Motion to Dismiss ………………………………. 11
ANSWER ………………………………………………………………………………. 11
Effect of filing answer ……………………………………………………………………… 11
INTERIM REMEDIES AFTER FILING OF ANSWER ………………………… 11
Motion for judgment on the pleadings ………………………………………………… 11
Grounds ………………………………………………………………………………….. 11
To whom is judgment on the pleadings available? ……………………………….. ………. 11
Motion for summary judgment ………………………………………………………….. 11
Ground ……………………………………………………………………………………. 12
Who may avail? ……………………………………………………………………………. 12
PRE-TRIAL …………………………………………………………………………… 12
What is prepared and filed by the parties? ………………………………………………….. 12
What is issued by the court? ………………………………………………………………... 12
Rule as to pre-trial order ……………………………………………………………………. 12
TRIAL ………………………………………………………………………………….. 12
Assume that the plaintiff has two (2) witnesses,
how would the examination proceed? ………………………………………………………. 12
After the examination of witnesses, what should the plaintiff do? ………………………….. 12
What are the remedies available to the defendant after the formal offer? …………………… 12
Pleading filed in case of opposition or objection …………………………………………… 12
Assume the objection is sustained, what are the remedies available to the plaintiff? …………12
Assume the objection is overruled or no objection is posed,
what should the plaintiff do? ……………………………………………………………….. 13
After resting its case, what is the remedy available to the defendant? ……………………….. 13
Is a demurrer available to the plaintiff? ……………………………………………………... 13
Consider that no demurrer to evidence has been filed by the defendant,
and the latter has two (2) witnesses, how should examination proceed? ……………………. 13
What are the remedies available to the plaintiff after such examination? ……………………. 13
What are the remedies available to the defendant after such examination? …………………. 13
Direct examination …………………………………………………………………………. 13
Continuous examination rule ……………………………………………………………….. 13
Summary of examination during trial with two (2) witnesses each ………………………….. 13
DECISION …………………………………………………………………………….. 14
POST-JUDGMENT …………………………………………………………………… 14
Remedies ……………………………………………………………………………………14
When is compromise allowed ………………………………………………………………. 14

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Considering that procedural law governs the procedure in court,
what is the purpose of substantive law? …………………………………………………….. 14

COMPLAINT ……………………………………………………………………………. 15
Basic principles …………………………………………………………………………… 15
Purpose of a complaint …………………………………………………………………… 15
Matters required to appear in a complaint ………………………………………………… 15
PARTS OF A PLEADING ……………………………………………………………. 15
CAPTION ………………………………………………………………………………… 15
What appears in a caption? ………………………………………………………………… 15
Rule as to names of parties ………………………………………………………………… 15
THE BODY ………………………………………………………………………………. 16
What appears in the body? ………………………………………………………………… 16
Rule as to causes of actions joined in one complaint ………………………………………. 16
Paragraphs ………………………………………………………………………………… 16
Importance of numbering of paragraphs …………………………………………………… 16
What are facts needed as present in a complaint? ………………………………………….. 16
Ultimate facts ……………………………………………………………………………… 16
Does the requirement of ultimate facts applicable to the plaintiff alone? ………………….. 17
Can conclusions be stated as allegations? ……………………………………………………17
Is it required that evidentiary facts appear in the complaint? ……………………………… 17
Relief ………………………………………………………………………………………. 17
General prayer ………………………………………………………………………………17
Basis for grant of general prayers …………………………………………………………... 17
Can the court grant a prayer not specifically prayed for? …………………………………… 17
SIGNATURE AND ADDRESS …………………………………………………………. 17
Which kind of pleadings must be signed? ………………………………………………….. 17
Which kind of pleadings must be dated? …………………………………………………… 18
Who may sign the pleading? ……………………………………………………………….. 18
When may a counsel sign for the party? ……………………………………………………. 18
Considering the above, what would be advisable
before the counsel signs the complaint? ……………………………………………………. 18
What if the party or his counsel did not sign the pleading? …………………………............. 18
Exceptions to effects of unsigned pleading ………………………………………………….18
What if the counsel’s legal researcher signed the pleading? …………………………………. 18
Effect of counsel’s signature (Warranties of counsel’s signature) …………………………… 18
Student Practice Rule ………………………………………………………………………. 18
When is an address required in pleadings? ……………………..…………………………… 18
Purpose of including address in complaint …………………………………………………. 18
Is a post office box (P.O. Box) address allowed? …………………………………………… 18
Directly delivered to party v. P.O. Box …………………………………………………….. 19
Disciplinary action of lawyers ………………………………………………………………. 19
Is the date on the pleading the basis of reckoning period? ………………………………….. 19
Rule as to date of filing …………………………………………………………………….. 19
A pleading is due on Friday.
Counsel mailed it through registered mail on Thursday,
and subsequently arrived to opposing party on Monday.
The opposing party avers that the same was filed after the allowed period.
Is he correct? ………………………………………………………………………………. 19
As counsel in Manila, your pleading is due today.
However, due to heavy traffic in EDSA,
you were still in traffic at 430PM. Is all hope for your client lost? …………………………. 19
VERIFICATION ………………………………………………………………………… 19
Rule as to verification …………………………………………………………………….. 19
Examples of when verification required …………………………………………………… 19
Are “initiatory pleadings” restricted to first pleadings filed? ………………………………. 20
How is verification done? …………………………………………………………………. 20
When will a pleading required to have a verification
amount to an unsigned pleading? …………………………………………………………... 20
CERTIFICATION AGAINST FORUM SHOPPING ………………………………… 20
When required……………………………………………………………………………… 20

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If without certification ……………………………………………………………………. 20
That there is no certification, the plaintiff now requests that he be
allowed to amend the pleading. Can the defect be cured? ………………………………….. 21
Effect of false certification ………………………………………………………………… 21
Effect of non-compliance with the undertakings ………………………………………….. 21
Effect of wilful and deliberate forum shopping ……………………………………………. 21
Who signs the verification and certificate of forum shopping? …………………………….. 21
COMPLAINT WRITING ……………………………………………………………… 21
Formula for complaint …………………………………………………………………….... 21
Checklist …………………………………………………………………………………… 21
Designation of parties ……………………………………………………………………… 21
Is the IBP No. and Roll No. the same? ……………………………………………………... 22
Effect of MCLE No. omission ……………………………………………………………... 22
When Jurat is needed ……………………………………………………………………….. 22
For identification purposes in the jurat,
may the notary public accept a community tax certificate? ………………………………….. 22
Is an acknowledgment necessary in all complaints? ………………………………………… 22
Is copy furnished necessary? ………………………………………………………………... 22
Is a notice of hearing necessary? ……………………………………………………………. 22
Sample ………………………………………………………………………………………………. 23

MOTION ………………………………………………………………………………… 22
Definition ……………………………………………………………………………….. 22
Is a motion a pleading? ………………………………………………………………….. 22
Pleading v. motion ………………………………………………………………………. 26
Kinds of motion ………………………………………………………………………… 26
Ex parte motion ………………………………………………………………………….. 26
Examples of ex parte motions ……………………………………………………………. 26
Is a motion to set case for pre-trial limited to be filed by the party? ………………. ……… 26
Litigated motion …………………………………………………………………………. 26
Examples of litigated motions …………………………………………………………… 26
Ex parte v. litigated motions ……………………………………………………….. ……… 26
May a non-debatable issue covered by an ex parte motion be
debatable and be subjected to hearing? …………………………………………….. ……… 27
Presumption as to written motions ………………………………………………………. 27
Can a motion not expressly provided for under the Rules be filed? ………………. ………. 27
Motion for Judicial Determination of Probable Cause …………………………….. ……… 27
Form of motions …………………………………………………………………………. 27
Examples of motions made in open court …………………………………………. ………. 27
Contents of a motion ……………………………………………………………………. 28
Examples of motions which requires affidavits ……………………………………. ………. 28
Requisites of valid motions ………………………………………………………………. 28
Effect of failure to do the above …………………………………………………………. 28
Notice rules ………………………………………………………………………………. 28
Omnibus motion rule ……………………………………………………………………. 28
Exceptions to omnibus motion rule ……………………………………………………… 29
Motion day ……………………………………………………………………………….. 29
MOTION WRITING ………………………………………………………………….. 29
Formula ……………………………………………………………………………………..29
Checklist …………………………………………………………………………………… 29
Rule as to verification of motions …………………………………………………………... 29
Sample ……………………………………………………………………………………... 31

PRE-TRIAL ……………………………………………………………………………… 33

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Definition ……………………………………………………………………………......... 33
Purpose …………………………………………………………………………………… 33
Who must appear in pre-trial? ……………………………………………………………. 33
Purpose of requiring attendance of party and counsel ……………………………………. 33
Can the authority be in the form of an authorization letter? ………………………. ……… 34
Effect of failure to appear ………………………………………………………………… 34
Assuming defendant failed to appear, will the court
automatically render judgment in favor of the plaintiff? ………………………….. ………. 34
“Last pleading” …………………………………………………………………………… 34
Can a party move to reset the pre-trial conference? ……………………………….. ………. 34
Pre-trial in civil v. criminal cases ………………………………………………………….. 34
Components of pre-trial …………………………………………………………………. 35
Pre-trial conference ………………………………………………………………………. 35
Philippine Mediation Center ……….…………………………………………………….. 35
Effect of agreement or non-agreement in the PMC ………………………………. ………. 35
Judicial Dispute Resolution ………………………………………………………………. 35
Effect of agreement or non-agreement in the JDR ……………………………….. ………. 35
Rationale for re-raffling of case after failure of JDR ……………………………… ……… 36
PRE-TRIAL BRIEF WRITING ……………………………………………………… 36
Formula ……………………………………………………………………………………..36
Contents …………………………………………………………………………………….36
Effect of failure to file pre-trial brief ………………………………………………………... 36
Is copy furnished required? ………………………………………………………………… 36
Is notice of hearing required? ………………………………………………………………. 36
Is an acknowledgment required? …………………………………………………………….36
Is a verification and certification against forum shopping required? ………………………... 36
Is a jurat required? …………………………………………………………………………... 36
Additional requirement in case of corporations ……………………………………………. 36
Sample ……………………………………………………………………………………... 37

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COMPLAINT CAUSE OF FRAMEWORK OF

ACTION CIVIL PROCEDURE
 Drafting

FILING AND SERVICE PROCEDURAL

REMEDIES
 Payment of fees  Motion to
 Filing declare in
 Service PROCEDURAL default
REMEDIES  Motion to lift
 Motion to dismiss order of
RAFFLE
(17.01,02,03) default
 Amendment (right
SUMMONS
or discretion)
 Personal
 Substituted
FINAL
 Corporation
 Extra- PROCEDURAL  Relief
territorial REMEDIES EXECUTION
 Annulment
 Publication  Motion to dismiss  Certiorari
 Motion for bill of
particulars POST-
 Motion for JUDGMENT
ANSWER NOT YET FINAL
extension of time
 Issues  Answer  Reconsideration
 New Trial JUDGMENT
PROCEDURAL  Appeal
REMEDIES
PRE-TRIAL  Motion for
judgment on the TRIAL
 Preliminary pleadings
conference  Motion for  Presentation of
 Pre-trial proper summary judgment Plaintiff’s evidence
 Alternative Dispute  Plaintiff’s formal
Resolution offer
o Philippine  Defendant’s
Mediation comment or
Center PROCEDURAL objection
o Judicial REMEDIES  Court ruling as to
Dispute  Demurrer offer
Resolution  Tender of excluded
Conference  Rebuttal evidence
 Case rested

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FRAMEWORK OF CIVIL No, there must be enforcement made
PROCEDURE through the filing of the initiatory
pleading.
Stages in Civil Procedure
Q: Is Cause of Action synonymous with
1. Cause of Action; Right of Action?
2. Drafting of complaint;
3. Filing and Service; No
4. Raffle
5. Summons; Cause of Action (CoA) v. Right of Action
6. Answer; (RoA)
7. Pre-trial; CoA RoA
8. Trial NATURE Substantive Procedural
9. Judgment
DEFINITION Act or omission Right to file a
10. Post-judgment by which a party suit or to
11. Execution violates the right institute an
of another action
CAUSE OF ACTION
Q: Where no cause of action exists, can
2.02. Cause of action, defined; there be a right of action?
A cause of action is the act or omission by
which a party violates a right of another No. Instead, right of action can only
exist if there is a cause of action
Elements of cause of action
Q: Is the right of action restricted to the
1. Legal right in favor of plaintiff; plaintiff only?
2. Correlative legal duty of the defendant
to respect such rights; and No, as it refers to a “party”, hence,
3. Act or omission by such defendant in even the defendant.
violation of the right of the plaintiff
with a resulting injury or damage to Q: When will the Rules of Court (ROC)
the plaintiff for which the latter may begin to apply?
maintain an action for the recovery of
relief from the defendant Upon the filing of the initiatory
pleading such as a complaint,
Act v. omission information or complaint-affidavit, or
petition, as the case may be:
Act is positive in nature, hence the CASE PLEADING
Civil Complaint
doing of something. Criminal If Preliminary Complaint-
Investigation affidavit
Omission is negative in nature, hence (when the
the refusal or failure to do something crime has the
penalty of at
least 4 years, 2
Q: Is it enough that there is an act or months, and 1
omission for the ROC to come into play day)
If Direct Filing Information
Special Proceeding Petition

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Q: When can a complaint be filed?
When a person has a cause of action.
Q: Is verification confined to the kinds of
pleadings under the ROC (e.g. complaint,
counterclaim, cross-claim, etc.)
No (e.g. Statement of Claim)
PREPARATION OF COMPLAINT
Rules considered
1. Rule 2; Cause of Action
2. Rule 3; Parties to Civil Actions
3. Rule 4; Venue of Actions
4. Rule 6; Kinds of Pleadings
5. Rule 7; Parts of a Pleading
6. Rule 8; Manner of Making
Allegations in Pleadings
7. Rule 9; Effect of Failure to Plead
8. Rule 10; Amended and
Supplemental Pleadings
9. Rule 11; When to File Responsive
Pleadings
10. Rule 13; Filing and Service of
Pleadings, Judgments, and Other
Papers
Rule 2; Cause of Action
It is necessary to know because
without a cause of action, no filing of
the complaint can be had
Rule 3; Parties to Civil Actions
For a civil action to prosper, persons
to be impleaded must be specified in
order to make them answerable to the
violation of the plaintiff’s rights.
In the same vein, the kinds of parties
must be known in order to know
those who are needed or not to be
impleaded.
PJA
Indispensable parties
3.07. Compulsory joinder of indispensable
parties;
Parties in interest without whom no final
determination can be had of an action shall be
joined either as plaintiffs or defendants.
As an example, indispensable parties
are needed to be impleaded in order
for a valid final determination.
Rule 4; Venue of Actions
Under this rule, the propriety of the
court where the filing of the complaint
should be made is provided
Venue in criminal v. civil actions
In criminal actions, venue is
jurisdictional.
However, in civil actions, venue is
NOT jurisdictional.
Venue of real actions v. personal actions
4.01. Venue of real actions;
Actions affecting title to or possession of real
property, or interest therein, shall be
commenced and tried in the proper court
which has jurisdiction over the are wherein
the real property involved, or a portion
thereof, is situated.
Forcible entry and detainer actions shall be
commenced and tried in the municipal trial
court of the municipality or city wherein the
real property involved, or a portion thereof, is
situated.
4.02. Venue of personal actions;
All other actions may be commenced and
tried where the plaintiff or any of the principal
plaintiffs resides, or where the defendant or
any of the principal defendant resides, or in
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the case of a non-resident defendant where he This is in accordance to due process
may be found, at the election of the plaintiff. requirements, as to inform the adverse
party of the case against him.
Hence, venue of actions shall be:
Rule 9; Effect of Failure to Plead
1. If real actions;
a. Where property situated; To know the legal repercussions of
or such failure
b. Where portion situated
2. If personal actions, at the Rule 10; Amended and Supplemental
election of the plaintiff; Pleadings
a. Where plaintiff or any
principal plaintiff resides; As to make the counsel know when
or the amending or supplementing is
b. Where defendant or any available
principal defendant
resides; or Rule 11; When to File Responsive
c. In case of a non-resident Pleadings
defendant, where he may
be found To know legal repercussions when
there is failure to do so
Rule 6; Kinds of Pleadings
Rule 13; Filing and Service of Pleadings
To enable the counsel to know the and Other Papers
allowed pleadings in civil actions
As to make the counsel aware of the
Pleadings allowed methods and means allowed by law,
and those which should be complied
6.02. Pleadings allowed; with
The claims of a party are asserted in a
complaint, counterclaim, cross-claim, third FILING AND SERVICE
(fourth, etc.)-party complaint, or complaint-
in-intervention. Q: What is included under the filing of the
complaint?
The defences of a party are alleged in the
answer to the pleading asserting a claim a) Payment
against him. a. Docket fees
b. Filing fees
An answer may be responded to by a reply. b) Filing
c) Service
Rule 7; Parts of a Pleading
Filing v. service
In order for the counsel to know what
should appear in a pleading. Filing is the act of presenting the
pleadings or other paper to the clerk
Rule 8; Manner of Making Allegations in of court.
Pleadings

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Service is the act of providing the
adverse party the copy of the pleading.
Q: Considering the table below, to whom
should filing be made?
Branch Clerk
Branch Clerk
Office of the Clerk
TRIAL COURT
of Court
Branch Clerk
Branch Clerk
Filing should be made with the Office
of the Clerk of Court (OCC).
Q: After the OCC found the pleadings
filed to be sufficient, what is his duty?
His next duty is to raffle the case to
any of the four branches, thereby
transferring the pleadings to the
appropriate branch clerk
Q: How much docket fees should be paid?
As a general rule, it should be
payment of correct and full docket
fees
As an exception, indigent parties are
allowed to pay less than the full
docket fees
Q: What proof is needed in order to
consider one as an indigent party?
Certificate of Indigency
Q: Assume that the party failed to pay
correct and full docket fees, should the
court dismiss it outright?
PJA
No, in practice, the court still raffles
the case, and gives the plaintiff ample
time to pay the same.
However, in case the defendant
objected on the ground of non-
payment of full and correct docket
fees, the court orders the plaintiff fails
to pay.
Only after the failure to comply with
the order will the court resort to
dismissal.
INTERIM REMEDIES AFTER FILING
AND SERVICE
a) Motion to dismiss
a. By notice;
b. By motion;
c. Due to fault of plaintiff
b) Amendment
a. Matter of right; or
b. With leave of court
Motion to dismiss
17.01. Dismissal upon notice by plaintiff;
A complaint may be dismissed by the plaintiff
by filing a notice of dismissal at any time
before service of the answer or of a motion
for summary judgment. Upon such notice
being filed, the court shall issue an order
confirming the dismissal. Unless otherwise
stated in the notice, the dismissal is without
prejudice, except that a notice operates as an
adjudication upon the merits when filed by a
plaintiff who has once dismissed in a
competent court an action based on or
including the same claim.
Under this mode of dismissal, the
dismissal itself is the notice, NOT the
confirmation issued by the court.
Hence, this dismissal is a matter of
right.
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Rule as to the nature of the dismissal
GR: Without prejudice
ER: If stated in the notice; or
Two-dismissal rule
Two-dismissal rule
Under the last portion of the
provision, the dismissal by notice shall
be with prejudice under the following
requisites:
a) Plaintiff twice dismissed the
action BY NOTICE;
b) Based on or including the
same claim; and
c) In a court of competent
jurisdiction
Notice that under the third requisite, it
must be in a court of competent
jurisdiction. Hence, if it is wrongly
filed in a court which has no
jurisdiction, the rule would not apply.
Class suit
Take note that under the next section,
class suit cannot be dismissed without
the approval of the court.
Hence, dismissal upon notice cannot
be made in case of a class suit
17.02. Dismissal upon motion of plaintiff;
Except as provided in the preceding section, a
complaint shall not be dismissed at the
plaintiffs instance save upon approval of the
court and upon such terms and conditions as
the court deems proper. If a counterclaim has
been pleaded by a defendant prior to the
service upon him of the plaintiffs motion for
dismissal, the dismissal shall be limited to the
complaint. The dismissal shall be without
prejudice to the right of the defendant to
prosecute his counterclaim in a separate
PJA
action unless within fifteen (15) days from
notice of the motion he manifests his
preference to have his counterclaim resolved
in the same action. Unless otherwise specified
in the order, a dismissal under this paragraph
shall be without prejudice. A class suit shall
not be dismissed or compromised without the
approval of the court.
Under this mode of dismissal, the
plaintiff needs the approval of the
court, as the answer or the motion for
summary judgment has already been
filed.
Those that does not fall under
dismissal upon notice, shall fall under
this provision
Rule as to counterclaims
The dismissal under this provision is
limited ONLY TO THE
COMPLAINT. Hence, the
counterclaim remains, and the
defendant may prosecute:
GR: In a separate action
ER: Manifests his intent to
prosecute the counterclaim in
the same action within fifteen
(15) days from receipt of the
notice
Rule as to the nature of the dismissal
GR: Without prejudice
ER: If stated in the order
Class suit
Under the last portion of the
provision, a class suit can ONLY be
DISMISSED or COMPROMISED
with the APPROVAL OF THE
COURT.
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Hence, class suit cannot be dismissed Rule as to the nature of the dismissal
by notice.
GR: With prejudice
17.03. Dismissal due to fault of plaintiff; ER: Declared by court
If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his NOTICE MOTION FAULT
evidence in chief on the complaint, or to Nature Matter of Upon court’s Available
right discretion upon
prosecute his action for an unreasonable presence
length of time, or to comply with these Rules of ground
or any order of the court, the complaint may
be dismissed upon motion of the defendant Who may Plaintiff Plaintiff Court or
or upon the court’s own motion, without file defendant
prejudice to the right of the defendant to When Before After service Upon
prosecute his counterclaim in the same or in a filed service of of answer or presence
separate action. This dismissal shall have the answer or motion for of the
effect of an adjudication upon the merits, motion for summary ground
unless otherwise declared by the court. summary judgment
judgment

Under this mode of dismissal, the Prejudice GR: Without GR: Without GR: With
court motu proprio or upon motion of ER: If stated ER: If ER:
the defendant may move for such, in the notice declared by Declared
under specific grounds court by court

Grounds
a) Failure to appear, without justifiable
reason on the date of the presentation
of his evidence in chief;
b) Failure to prosecute his action for an
unreasonable length of time (non-
prosequitur);
c) Failure to comply with the Rules; or
d) Failure of the plaintiff to comply with
the court’s order
Q: Who may file?
Amendments
10.01. Amendments in general;
Pleadings may be amended by adding or
striking out an allegation or the name of any
party, or by correcting a mistake in the name
of a party or a mistaken or inadequate
allegation or description in any other respect,
so that the actual merits of the controversy
may speedily be determined, without regard to
technicalities, and in the most expeditious and
inexpensive manner.

It would depend: 10.02. Amendments as a matter of right;

1. If no summons served yet; the
court, as the defendant has yet to
exist;
2. If summons already served; the
court or the defendant
A party may amend his pleading once as a
matter of right at any time before a responsive
pleading is served or, in the case of a reply, at
any time within ten (10) days after it is served.
Under this mode of amendment, the
party has the ABSOLUTE RIGHT to
amend his pleadings.

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Requisites
a) Before a responsive pleading served;
and
b) Availed only once
Responsive pleading
As it refers to a responsive pleading,
the right is available to:
a) Plaintiff as to his complaint,
before answer served; or
b) Defendant as to his answer,
before service of reply
Reply
As a reply has no responsive pleading
thereto, the provision provides that
the pleading may be amended within
ten (10) days from service thereof.
Motion to dismiss
Such motion is NOT a responsive
pleading.
During the pendency of said motion,
the amendment is still available.
After the order of dismissal is served,
the right is still available within fifteen
(15) days.
However, after said fifteen (15) days,
the order has already become final and
the right is no longer available.
Q: May the party amend as a matter of
right after amending it before?
No, it ceases to be as a matter of right
and now becomes discretionary upon
the court.
PJA
10.03. Amendments by leave of court;
Except as provided in the next preceding
Section, substantial amendments may be made
only upon leave of court. But such leave may
be refused if it appears to the court that the
motion was made with intent to delay. Orders
of the court upon the matters provided in this
Section shall be made upon motion filed in
court, and after notice to the adverse party,
and an opportunity to be heard.
Under this mode of amendment,
consent of the court is needed after a
responsive pleading has been filed.
After the filing of the responsive
pleading, it ceases to be a matter of
right, and begins to be discretionary
Requisites
a) Leave of court; and
b) Substantial amendment
c) NOT intended for delay
Substantial amendment
It may refer to a change or addition of
a cause of action/s.
10.04. Formal amendments;
A defect in the designation of the parties and
other clearly clerical or typographical errors
may be summarily corrected by the court at
any stage of the action, at its initiative or on
motion, provided no prejudice is caused
thereby to the adverse party
Under this provision, formal
amendments are allowed at any stage
of the proceeding
Formal amendments
This refers to:
a) Defects in designation of the
parties;
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b) Clerical errors; or Tender
c) Typographical errors
It is available in case of refusal to
Rule as to formal amendments accept by the defendant.

GR: Allowed However, the tender must be made in

ER: If prejudice will result to the the presence of the defendant.
adverse party Consider the following scenario:

MATTER OF WITH LEAVE Defendant: Ayaw ko nga!

RIGHT OF COURT Sheriff: Bahala ka dyan, basta
When availed Before service After service of
of responsive responsive
iwan ko yan sayo
pleading; or pleading
In case of a Substituted service
reply, within 10
days from 14.07. Substituted service;
receipt thereof
If, for justifiable causes, the defendant cannot
Court’s duty Ministerial Discretionary be served within a reasonable time as
What Formal and Formal and provided in the preceding section, service may
amendments substantial substantial be effected:
allowed

a) By leaving copies of the summons at

SUMMONS
the defendant’s residence with some
person of suitable age and discretion
Modes of service
then residing therein, or
1. In person on defendant (personal);
b) By leaving the copies at defendant’s
2. Substituted;
office or regular place of business with
3. Upon corporations;
some competent person in charge
4. Extra-territorial; and
thereof.
5. Publication

Personal service or in person on defendant Q: When is substituted service available?

In case of failure to render personal

14.06. Service in person on defendant;
service at least twice or thrice,
Whenever practicable, the summons shall be
substituted service may be resorted to.
served by handing a copy thereof to the
defendant in person, or, if he refuses to
Conditions
receive and sign for it, by tendering it to him.
1. Defendant’s residence, to a person
Modes under personal service/in person of;
on defendant a. Suitable age;
b. Discretion; and
1. Personally handing over; and c. Residing therein
2. Tender, in case of refusal
2. Defendant’s office or regular place
of business, with a person with

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a. Competence; and
b. In-charge thereof
(NOTE: For Brondial babies, read
the case of Manotoc v. CA)
Alias summons
14.05. Issuance of alias summons;
If a summons is returned without being
served on an or all of the defendants, the
server shall also serve a copy of the return on
the plaintiff’s counsel, stating the reasons foor
the failure of service, within five (5) days
therefrom. In such a case, or if the summons
has been lost, the clerk, on demand of the
plaintiff, may issue an alias summons.
Remedies available
a) In case of failure to comply;
plaintiff may file motion to declare
defendant in default;
b) In case defendant appeared; motion
to lift order of suspension
INTERIM REMEDIES AFTER
SERVICE OF SUMMONS
1. Motion to Dismiss
2. Motion for Bill of Particulars
3. Motion for Extension of Time
4. Answer including affirmative defense
of Motion to Dismiss
Grounds of motion to dismiss
16.01. Grounds;
Within the time for but before filing the
answer to the complaint or pleading asserting
a claim, a motion to dismiss may be made on
any of the following grounds:
a) That the court has no jurisdiction over
the person of the defending party
PJA
b) That the court has no jurisdiction over
the subject matter of the claim;
c) That venue is improperly laid;
d) That the plaintiff has no legal capacity
to sue;
e) That there is another action pending
between the same parties for the same
cause;
f) That the cause of action is barred by a
prior judgment or by the statute of
limitations;
g) That the pleading asserting the claims
states no cause of action;
h) That the claim or demand set forth in
the plaintiff’s pleading has been paid,
waived, abandoned, or otherwise
extinguished;
i) That the claim on which the action is
founded is unenforceable under the
provisions of the statute of frauds;
and
j) That a condition precedent for filing
the claim has not been complied with.
Motion for bill of particulars
12.01. When applied for; purpose;
Before responding to a pleading, a party may
move for a definite statement or for a bill of
particulars of any matter which is not averred
with sufficient definiteness or particularity to
enable him properly to prepare his responsive
pleading. If the pleading is a reply, the motion
must be filed within ten (10) days from service
thereof. Such motion shall point out the
defects complained of, the paragraphs
wherein they are contained, and the details
desired.
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Bill of particulars v. motion to dismiss
In practice, it is advisable to avail of a
motion to dismiss for two different
reasons:
a) If the bill of particulars is
availed, it is as if the defendant
is saying “Pre, ayusin mo naman
pleading mo para makasagot ako
maayos”; or
b) Motion to dismiss may be
resorted to as a strategic
means of “delaying” the
proceedings (e.g. client cannot
be present on certain dates)
Hence, it is wise to file a motion to
dismiss especially when the pleading is
really vague or lacking. It is advisable
to find a ground under the motion to
dismiss as counsel already knows that
the pleading is wanting in some
points.
Answer including affirmative defense of
Motion to Dismiss
16.06. Pleading grounds as affirmative
defenses;
If no motion to dismiss has been filed, any of
the grounds for dismissal provided for in this
Rule may be pleaded as an affirmative defense
in the answer and, in the discretion of the
court, a preliminary hearing may be had
thereon as if a motion to dismiss had been
filed.
The dismissal of the complaint under this
section shall be without prejudice to the
prosecution in the same or separate action of
a counterclaim pleaded in the answer.
PJA
ANSWER
Effect of filing answer
a) Issues are joined; and
b) The court may decide the matter
INTERIM REMEDIES AFTER FILING
OF ANSWER
a) Motion for judgment on the
pleadings; and
b) Motion for summary judgment
Motion for judgment on the pleadings
34.01. Judgment on the pleadings;
Where an answer fails to tender an issue, or
otherwise admits the material allegations of
the adverse party’s pleading, the court may, on
motion of that party, direct judgment on such
pleading. However, in actions for declaration
of nullity or annulment of marriage or for
legal separation, the material facts alleged in
the complaint shall always be proved.
Grounds
Judgment on the pleadings is available
when the answer:
a) Fails to tender an issue (NO
ISSUE AT ALL); or
b) Admits material allegations of
the adverse
Q: To whom is judgment on the pleadings
available?
Plaintiff
Motion for summary judgment
35.01. Summary judgment for claimant;
A party seeking to recover upon a claim,
counterclaim, or cross-claim or to obtain a
declaratory relief may, at any time after the
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pleading in answer thereto has been served, TRIAL
move with supporting affidavits, depositions
or admissions for a summary judgment in his Q: Assume that the plaintiff has two (2)
favor upon all or any part thereof. witnesses, how would the examination
proceed?
35.02. Summary judgment for defending
party; It would be done in the following
A party against whom a claim, counterclaim, manner:
or cross-claim is asserted or a declaratory
relief is sought may, at any time, move with Witness 1: Direct (D)
supporting affidavits, depositions or Re-direct (RD)
admissions for a summary judgment in his Cross (X)
favor as to all or any part thereof. Re-cross (RX)

Ground Witness 2: D
RD
No genuine issue X
RX
Q: Who may avail?
Q: After the examination of witnesses,
Any party asserting a claim or relief. what should the plaintiff do?
Hence, it may be the plaintiff or
defendant He should do a formal offer of
exhibit/ evidence
PRE-TRIAL
Q: What are the remedies available to the
Q: What is prepared and filed by the defendant after the formal offer?
parties?
He may:
Pre-trial brief
a) Waive his right to object; or
Q: What is issued by the court? b) Oppose/object

Pre-trial order Pleading filed in case of opposition or

objection
Rule as to pre-trial order
Comment/opposition
It serves as the by-laws of the case,
hence, as a general rule, those not Q: Assume the objection is sustained,
appearing in the pre-trial order shall what are the remedies available to the
NOT be allowed. plaintiff?

As an exception, matters can be He may use the following remedies:

allowed for good cause.
a) Motion for Reconsideration, if
however denied, he may;
b) Tender of Excluded Evidence

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Q: Assume the objection is overruled or Q: What are the remedies available to the
no objection is posed, what should the defendant after such examination?
plaintiff do?
It is the same as plaintiff’s remedies
He must rest its case
Direct examination
Q: After resting its case, what is the
remedy available to the defendant? Note that it is now subject to the
Judicial Affidavit Rule (JA)
He may do any of the following:
Continuous examination rule
a) File a demurrer to evidence; or a) Civil cases
b) Present rebuttal evidence a. Lower courts; 90 days
b. SC and CA; perpetual
Q: Is a demurrer available to the plaintiff? b) Criminal cases
a. Trial
No, as the provision only provides for i. Ordinary; 180 days
the plaintiff. ii. Dangerous drugs;
60 days
Furthermore, considering the b. Decision
circumstances, it is the plaintiff who i. Ordinary; 90 days
has the burden of proving his case, ii. Dangerous drugs;
but not the defendant. 15 days

Q: Consider that no demurrer to evidence Summary of examination during trial with

has been filed by the defendant, and the two (2) witnesses each
latter has two (2) witnesses, how should
examination proceed? P’s WITNESS D’s WITNESS
1 W1: D (JA) W1: D (JA) 5
RD RD
Likewise, the examination shall X X
RX RX
proceed as: 2 W2: D (JA) W2: D (JA) 6
RD RD
X X
Witness 1: D RX RX
RD 3 Formal offer Formal offer 7
X D’s Remedy: P’s Remedy:
RX Object Object
through through
comment/ comment/
Witness 2: D opposition opposition
RD P’s remedy in case D’s remedy in case
X objection sustained: objection sustained:
MR; or MR; or
RX Tender of Tender of
excluded excluded
evidence evidence
Q: What are the remedies available to the 4 Rest its case Rest its case 8
plaintiff after such examination?
D’s remedy:
Demurrer; or
It is the same as to defendant’s Present
rebuttal
remedies, EXCEPT demurrer to evidence
evidence
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DECISION

POST-JUDGMENT

Remedies

a) If final;
a. Petition for annulment of
judgment
b. Petition for relief from
judgment; or
c. Petition for certiorari

b) Not final
a. Motion for reconsideration;
b. Appeal

Q: When is compromise allowed?

As a general rule, compromise is

allowed at any time from the raffle to
execution.

As an exception, annulment of
marriage CANNOT be compromised

Q: Considering that procedural law

governs the procedure in court, what is
the purpose of substantive law?

Its purpose is to determine the rights,

duties, and obligations of the parties.

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COMPLAINT CAPTION

Basic principles 7.01. Caption;

1. Must state ultimate facts;
2. Must specify relief sought;
3. Must be dated and signed
4. Must be verified
5. Must include a certification against
forum shopping
6.03. Complaint;
The complaint is the pleading alleging the
plaintiff’s cause or causes of action. The
names and residences of the plaintiff and
defendant must be stated in the complaint
Purpose of a complaint
To sue another for the enforcement
or protection of a right, or the
prevention or redress of a wrong
Matters required to appear in a complaint
The caption sets forth the name of the court,
the title of the action, and the docket number
if assigned.
The title of the action indicates the names of
the parties. They shall all be named in the
original complaint or petition; but in
subsequent pleadings, it shall be sufficient if
the name of the first party on each side be
stated with an appropriate indication when
there are other parties.
Their respective participation in the case shall
be indicated
Republic of the Philippines
National Judicial Capital Region
Regional Trial Court, Branch __
Pasay City
Ruth Tenajeros,
Plaintiff

v. Civil Case No. _

1. Ultimate facts; FOR: ________
2. Relief sought; Juan Enriquez Galvez,
3. Dated; Defendant
4. Signed by party OR his counsel
5. Address of party OR his counsel Q: What appears in a caption?

PARTS OF A PLEADING 1. Name of the court

2. Title of the action;
1. Caption a. Names of the parties; and
2. The body 3. Docket number, IF ASSIGNED
a. Paragraphs
b. Headings Rule as to names of parties
c. Relief
d. Date Original complaint: ALL named
3. Signature and address Subsequent: Name of first
4. Verification party on each
5. Certification against forum side sufficient
shopping

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THE BODY
7.02. The body;
The body of the pleading sets forth its
designation, the allegations of the party’s
claims or defences, the relief prayed for, and
the date of the pleading,
a) Paragraphs. – The allegations in the
body of a pleading shall be divided
into paragraphs so numbered as to be
readily identified, each of which shall
contain a statement of a single set of
circumstances so far as that can be
done with convenience. A paragraph
may be referred to by its number in all
succeeding pleadings.
b) Headings. – When two or more causes
of action are joined, the statement of
the first shall be prefaced by the
words “first cause of action,” of the
second by “second cause of action,”
and so on for the others
When one or more paragraphs in the
answer are addressed to one of several
causes of action in the complaint, they
shall be prefaced by the words
“answer to the first cause of action”
or “answer to the second cause of
action” and so on; and when one or
more paragraphs of the answer are
addressed to several causes of action,
they shall be prefaced by words to that
effect.
c) Relief. – The pleading shall specify the
relief sought, but it may add a general
prayer for such further or other relief
as may be deemed just or equitable.
d) Date. – Every pleading shall be dated
PJA
Q: What appears in the body?
a) Designation;
b) Allegations;
a. Claims
b. Defenses
c. Relief prayed for
d. Date of the pleading
Rule as to causes of actions joined in one
complaint
It should be prefaced by the words:
a) First cause of action;
b) Second cause of action; and so on
To address the above, it should be
prefaced by:
a) Answer to first cause of action;
b) Answer to second cause of action;
and so on
Paragraphs
They should be numbered
Importance of numbering of paragraphs
For ready identification and in
subsequent pleading it may be referred
to by the number WITHOUT the
need to repeat the entire allegation
Q: What are facts needed as present in a
complaint?
Only ultimate facts. It is not
necessary that it be a narration or
exhaustive of all matters.
Ultimate facts
Facts which are essential to party’s
cause of action or defense
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Q: Does the requirement of ultimate facts
applicable to the plaintiff alone?
No, as it states claims or defences,
hence not to plaintiff alone
Q: Can conclusions be stated as
allegations?
No, because conclusions are for the
courts to make
Q: Is it required that evidentiary facts
appear in the complaint?
No, as evidentiary facts are to be
proven during trial, and NOT by the
pleadings.
As an exception, in environmental
cases covered by the Rules of
Procedure for Environmental case, all
evidence proving the cause of action
shall be attached
Relief
It must be specific, but a general
prayer may be included.
The rule requiring the statement of
relief is due to the fact that the court
cannot grant a relief not prayed for.
General prayer
Other remedies just and equitable are likewise
prayed for.
Under the general prayer, other
remedies, even not the one specifically
sought, may be given by the court.
Basis for grant of general prayers
1. Facts admitted during trial;
2. Pieces of evidence presented
PJA
Q: Can the court grant a prayer not
specifically prayed for?
As a general rule, no, as it is required
that relief must be specifically stated.
As an exception, a general prayer
would allow for other reliefs. Hence:
GR: No, must be specific
ER: General prayer
(NOTE: In practice, DO NOT
RELY on general prayers, as many
courts still apply the concept of NO
relief stated, shall NOT be granted)
SIGNATURE AND ADDRESS
7.03. Signature and address;
Every pleading must be signed by the party or
counsel representing him, stating in either
case his address which should not be a post
office box.
The signature of counsel constitutes a
certificate by him that he has read the
pleading; that to the best of his knowledge,
information, and belief there is good ground
to support it; and that it is not interposed for
delay.
An unsigned pleading produces has no legal
effect. However, the court may, in its
discretion, allow such deficiency be remedied
if it shall appear that the same was due to
mere inadvertence and not intended for delay.
Counsel who deliberately files an unsigned
pleading, or sign a pleading in violation of this
Rule, or alleges scandalous or indecent matter
therein, or fails to promptly report to the
court a change of his address, shall be subject
to appropriate disciplinary action
Q: Which kind of pleadings must be
signed?
ALL pleadings must be signed
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Q: Which kind of pleadings must be
dated?
ALL pleadings must be dated
Q: Who may sign the pleading?
It must be the party (plaintiff) OR his
counsel
Q: When may a counsel sign for the party?
If he represents the party-plaintiff
It follows, that if he is not
representing the party, he has no
business in signing.
Q: Considering the above, what would be
advisable before the counsel signs the
complaint?
File an entry of appearance with the
court, to inform the court of his
representation
Q: What if the party or his counsel did not
sign the pleading?
It has no legal effect, as an unsigned
pleading.
As an unsigned pleading, it produces
NO legal effect
Exceptions to effects of unsigned
pleading
The unsigned pleading shall have legal
effect, hence as if it was signed, if the
failure to sign:
1. Is not intended for delay; or
2. By mere inadvertence (honest
mistake)
PJA
Q: What if the counsel’s legal researcher
signed the pleading?
It is procedurally defective, as what is
required is the party or his counsel.
Effect of counsel’s signature (Warranties
of counsel’s signature)
It constitutes as a certificate that:
1. He has read the pleading;
2. To the best of his knowledge,
information, and belief, there is
good ground to support it; and
3. It is not interposed for delay
Student Practice Rule
While the student signs the pleading,
the lawyer remains the supervisor of
the student, only upon the latter’s
direct order and supervision may the
student act as such
Q: When is an office address required in
pleadings?
ALL pleadings must contain an
address
Purpose of including address in complaint
In order to afford the court easy
service of court processes
Q: Is a post office box (P.O. Box) address
allowed?
No, as it is a general address
It is not allowed as the court requires
an address to which processes may be
received directly, as to avoid any delay.
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Directly delivered to party v. P.O. Box
In direct delivery, the party is ensured
to receive the letter at the soonest
possible time.
On the other hand, the practice in a
P.O. Box, is that it is collected first in
bunches before it sent to recipients.
Hence, delay is apparent under this
mode.
Disciplinary action of lawyers
1. Deliberately filing an unsigned
pleading;
2. Signs a pleading in violation of the
Rules;
3. Alleges scandalous or indecent matter;
or
4. Fails to promptly report change of
address
Q: Is the date on the pleading the basis of
reckoning period?
No, it merely provides for the date
when said pleading was made.
The date for computation of the
reckoning period shall be the date that
appears on the stamp of the court.
Rule as to date of filing
1. Registered mail; date of mailing;
2. Private courier; actual receipt
Q: A pleading is due on Friday. Counsel
mailed it through registered mail on
Thursday, and subsequently arrived to
opposing party on Monday. The opposing
party avers that the same was filed after
the allowed period. Is he correct?
No, that it was mailed on Thursday,
the same is deemed as filed on
Thursday, and NOT on Monday.
PJA
Q: As counsel in Manila, your pleading is
due today. However, due to heavy traffic
in EDSA, you were still in traffic at
430PM. Is all hope for your client lost?
No, you may still proceed to the SM
Mall of Asia (MOA) in Pasay.
In MOA, the mailing service is until
10:00PM
VERIFICATION
7.04. Verification;
Except when otherwise specifically required
by law or rule, pleadings need not be under
oath , verified or accompanied by affidavit.
A pleading is verified by an affidavit that the
affiant has read the pleading and that the
allegations therein are true and correct of his
personal knowledge or based on authentic
records.
A pleading required to be verified which
contains a verification based on “information
and belief” or upon “knowledge, information
and belief,” or lacks a proper verification,
shall be treated as an unsigned pleading.
Rule as to verification
GR: NOT required
ER: If required by law or rule
Examples of when verification required
a) Initiatory pleadings;
b) Petitions for certiorari, prohibition,
mandamus, quo warranto, and other writs
(“Latins”)
c) Summary Procedure pleadings.
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Q: Are “initiatory pleadings” restricted to
first pleadings filed?
No, it includes those which has claims
for relief
Q: How is verification done?
It is done through an affidavit
containing the following:
a) Affiant has read the pleading;
b) Allegations therein are true
and correct:
a. Of his personal
knowledge; or
b. Based on authentic
records
Q: When will a pleading required to have
a verification amount to an unsigned
pleading?
a) Based on:
a. Information and belief; or
b. Knowledge, information and
belief
b) Lacks proper verification
CERTIFICATION AGAINST FORUM
SHOPPING
7.05. Certification against forum
shopping;
The plaintiff or principal party shall certify
under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a
sworn certification annexed thereto and
simultaneously filed therewith:
a) That he has not theretofore
commenced any action or filed any
claim involving the same issues in any
court, tribunal, or quasi-judicial agency
and, to the best of his knowledge, no
such other action or claim is pending
therein;
PJA
b) If there is such other pending action
or claim, a complete statement of the
present status thereof; and
c) If he should thereafter learn that the
same or similar action or claim has
been filed or is pending, he shall
repost that fact within five (5) days
therefrom to the court wherein his
aforesaid complaint or initiatory
pleading has been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other
initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless
otherwise provided, upon motion and after
hearing.
The submission of a false certification or non-
compliance with any of the undertaking
therein shall constitute indirect contempt of
court, without prejudice to the corresponding
administrative and criminal actions.
If the acts of the party or his counsel clearly
constitute wilful and deliberate forum
shopping, the same shall be ground for
summary dismissal with prejudice and shall
constitute direct contempt, as well as a cause
for administrative sanctions.
When required
Pleadings asserting claim for relief
If without certification
It is a ground for:
a) Dismissal WITHOUT
PREJUDICE; or
b) Dismissal WITH PREJUDICE
a. If provided; and
b. Upon motion and hearing
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Q: That there is no certification, the COMPLAINT WRITING
plaintiff now requests that he be allowed
to amend the pleading. Can the defect be Formula for complaint (C)
cured?
C = FR+OR
No, amendment cannot cure the
defect as expressly stated under the Where:
provision.
FR = Formal requirements
Effect of false certification OR = Other requirements

Indirect contempt Checklist

Effect of non-compliance with the 1. FR:

undertakings a. Caption
i. Court
Indirect contempt ii. Title
1. Names of
Effect of wilful and deliberate forum parties
shopping 2. Designation of
parties
It shall be a ground for summary iii. Docket number
dismissal WITH prejudice and direct b. Body
contempt. i. Participation/ personal
circumstances of
Furthermore, it shall be a cause for parties;
administrative sanctions. ii. Allegations
iii. Relief sought
WITHOUT FALSE NON- WILFUL AND c. Dated and signed
COMPLIANCE DELIBERATE
FORUM d. Verification
SHOPPING e. Certification against forum
Ground for Indirect Indirect Ground for
dismissal contempt contempt summary shopping
dismissal 2. OR (Counsel’s details):
WITH a. Integrated Bar of the
prejudice
Philippines (IBP) No.
Direct b. Roll No.
contempt c. Mandatory Continuing Legal
Education (MCLE) No.
d. Professional Tax Receipt
Q: Who signs the verification and
(PTR) No.
certificate of forum shopping?
Designation of parties
GR: Party (plaintiff) himself
ER: Authorized counsel in writing CASE PARTIES
Civil Plaintiff Defendant
Criminal If Complainant Respondent
Preliminary
Investigation

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(when the Q: For identification purposes in the jurat,
crime has may the notary public accept a
the penalty
of at least 4
community tax certificate?
years, 2
months, and No, under the 2004 Rules on Notarial
1 day) Evidence, community tax certificate
If Direct Plaintiff Accused does not amount to identification.
Filing
Special Proceeding Petitioner Respondent
Q: Is an acknowledgment necessary in all
complaints?
Q: Is the IBP No. and Roll No. the same?
No, an acknowledgment is necessary
No, they are different.
only in cases there are transfer of
rights. (e.g. conveyance, SPA)
Roll No. does not change from the
moment it was given.
Q: Is copy furnished necessary?
(Pagkapasa mo, i-memorize mo roll
No, as it is still in the stage of filing
number mo kasi di na magbabago
Q: Is a notice of hearing necessary?
yan, cellphone number nga kaya nyo
imemorize)
Not yet, as it still in the stage of filing.
On the other hand the IBP No, as a
Q: Mr. A and Mr. B, residents of Manila
general rule, changes from time to
and Caloocan, respectively, entered into a
time, UNLESS lifetime membership
loan agreement dated 14 February 2019,
has been elected.
where Mr. B borrowed Php500,000 from
Mr. A.
Effect of MCLE No. omission
Under the loan agreement, it shall be paid
At the first instance, a fine will be
in five (5) installments starting from
imposed.
March and ending in July 2019, and in
case of failure to pay any of the
However, in subsequent violations,
installments, the whole amount shall be
disbarment may be bestowed.
immediately demandable. As a security, a
promissory note dated 14 February 2019
When Jurat is needed (JURATIN MO!)
was executed by Mr. B.
ACSV:
As of 14 March 2019, no payment was
made which prompted Mr. A to send a
1. Affidavit;
demand letter, demanding the whole
2. Certification;
obligation.
3. Sworn Statement; and
4. Verification
As no payment was made after demand,
Mr. A engaged the services of Atty.X, with
office at Makati, for the amount of
Php500,000. What case would be filed?

Collection for sum of money

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REPUBLIC OF THE PHILIPPINES FOR EXAM
Interchangeable, as long as NATIONAL CAPITAL JUDICIAL REGION PURPOSES:
“Republic of the Philippines” is RTC, BRANCH __
on top MANILA If not sure or facts
are silent, leave it
blank. (e.g. ___
FOR EXAM Judicial Region)
Mr. A, PURPOSES:
Plaintiff, CAPTION
If wrong
jurisdiction, no
credit is given
v. Civil Case No.___
For: Collection of
Sum of Money

Mr. B, Simpler and

shorter, yet the
Defendant. “Separator”
same meaning.
x------------------------------------x ”
PREFATORY PARAGRAPH COMPLAINT Including “that”,
“Pagpapakilala” allows for
Plaintiff, by counsel, states that: omission in the
latter portions
1. Mr. A (Plaintiff), is a Filipino, of legal age, single, and a resident of Manila. Plaintiff is Personal
represented by Atty. X, with office address at Makati; circumstances
of parties,
including the
2. Mr. B (Defendant) is a Filipino, of legal age, single, and a resident of Caloocan; counsel

3. On 14 February 2019, Defendant borrowed the amount of Php500,000 from the Plaintiff, In citing
evidenced by a “Loan Agreement” and secured by a “Promissory Note” executed by the documents,
be specific
defendant and both dated on the same day. A copy of the Loan Agreement and the and include
Promissory Note are attached as Annex A and B, respectively; details such as
BODY the date and
number, if
4. Under the Loan Agreement, payment shall be done through five (5) installments, starting any.
March and ending on July, and the failure to pay any of the installments shall make the
ALLEGATION

whole obligation demandable; After citing

the document,
do not forget
5. On 14 March 2019, defendant failed to pay the instalment; to attach, as
Annexes
6. On _____, plaintiff sent a “Demand Letter” to defendant, a copy of which is attached as
S

Annex C;

7. Despite the receipt of the demand letter, defendant failed to pay, which prompted the
plaintiff to file this complaint; There is no hard and fast rule in the manner making allegations. As long as the cause of action
will be proven, then it is enough. If however, it is still insufficient, then go on in alleging.
8. (Provision of law)
For example, in a case for collection of sum of money, the following must be present:
FOR EXAM PURPOSES: 1. Existence of an agreement;
2. Terms and conditions of said agreement;
Place the specific provision IF 3. Demand;
KNOWN, if not, state (Provision 4. Failure to pay despite demand
of Law)

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PRAYER

WHEREFORE, premises considered, plaintiff respectfully prays that:

FOR EXAM
PURPOSES:
Date when 1. Mr. B be ordered to pay the amount of Php500,000;
pleading was 2. Mr. B be ordered to pay damages; and
made. If none,
place (DATE)
3. Other reliefs just and equitable are likewise prayed for.

For the place, (Date), Makati for Manila

where FOR EXAM PURPOSES:
pleading was
made, and (sgd) DO NOT SIGN, merely indicate
where the Atty. X (sgd)
court is
located.
Address
Contact No. If signed, would amount to marking
SIGNATURE
If both are in
E Email Address.
the same
place, such AND Roll No. ________ These are
place would ADDRESS IBP No. ________ interchangeable,
suffice PTR No. ________ as long as they
are complete.
MCLE Compliance No._
If the facts are
silent, leave the
numbers blank
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Mr. X, of legal age, single, residing at Manila, respectfully states that:

1. I have read the pleading;

VERIFICATION
2. To the best of my knowledge, information and belief, there is good ground to support it;
VERIFICATION
AND 3. It is not interposed for delay;
CERTIFICATION 4. I have not commenced any action or filed any claim involving the same issues in any court,
AGAINST
tribunal, or quasi-judicial agency and, to the best of his knowledge, no such other action or

SHOPPING
AGAINST FORUM
CERTIFICATION
FORUM
SHOPPING claim is pending therein;
5. If there is such other pending action or claim, a complete statement of the present status
thereof; and
6. If I should thereafter learn that the same or similar action or claim has been filed or is
pending, he shall repost that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.

IN WITNESS WHEREOF, I hereunto affixed my signature this (Date) at Makati City.

(sgd) FOR EXAM PURPOSES:

Mr. X DO NOT SIGN, if signed would amount to
Affiant marking. Merely place (sgd)

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JURAT

SUBSCRIBED AND SWORN to before me this (Date) at (Place where signed), affiant, Mr.
A, exhibiting to me his (Identication Card with details)

Complaint, as an initiatory NOTARY PUBLIC

pleading, needs to have a Jurat. Commission expires on.
Information

Doc. No. __
Page No. __
Book No. __
Series of __
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MOTION Ex parte motion

Definition The following are the characteristics

of an ex parte motion:
15.01. Motion defined;
A motion is an application for relief other 1. Does NOT require parties be
than by a pleading heard;
2. Court may act upon WITHOUT
Q: Is a motion a pleading? prejudicing the rights of the other
party (non-debatable issues)
No 3. Notice STILL required to be given
to the adverse party
(NOTE: As per Atty. Buanviaje’s
opinion, a motion is a pleading, in line Examples of ex parte motions
with the definition of a pleading.)
1. Extension of time
Pleading v. motion 2. Postponement
3. To set case for pre-trial
PLEADING MOTION
In writing? Yes Yes, except: Q: Is a motion to set case for pre-trial
limited to be filed by the party?
1. Made in
open No, the court may motu proprio order
court; or to set the case for pre-trial
2. In the
course of Litigated motion
hearing
or trial
(15.02) It is a motion where the issues are
debatable
Can be Yes No
initiatory? Examples of litigated motions

Order on Yes No 1. To dismiss (Rule 16);

such stated 2. Summary judgment (Rule 35);
in 3. Reconsideration
judgment?
Ex parte v. litigated motions
Kinds of motion
EX PARTE LITIGATED
1. Ex parte Issues NON- Debatable
2. Litigated debatable

Hearing NOT Required

required

Notice Required Required

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Q: May a non-debatable issue covered by the rights of the
an ex parte motion be debatable and be adverse party
subjected to hearing?
Q: Can a motion not expressly provided
Yes. Consider the following example for under the Rules be filed?
on a motion for extension of time or
for postponement. Yes, motions are not restricted to
those stated under the Rules.
The above motions have already been
prayed for twice or thrice, it then As long as counsel can substantiate his
becomes debatable for delay motion, it is sufficient to be filed.
resolution of the case. Hence, the
above motions are: Motion for Judicial Determination of
Probable Cause
GR: Ex parte motions;
ER: Litigated, in case of This is a prohibited pleading in a
delay in the resolution criminal case as of 1 September 2017
of the case under the Rules on Revised
Guidelines in Continuous Trial.
Presumption as to written motions
Determination of probable cause is
15.04. Hearing of motions; NOT a judicial function, but rather an
Except for motions which the court may act executive function.
upon without prejudicing the rights of the
adverse party, every written motion shall be Form of motions
set for hearing by the applicant.
15.02. Motions must be in writing;
Every written motion required to be heard All motions shall be in writing except those
and the notice of the hearing thereof shall be made in open court or in the course of a
served in such a manner as to ensure its hearing or trial.
receipt by the other party at least three (3)
days before the date of hearing, unless the Hence:
court for good cause sets the hearing on
shorter notice. GR: In writing;
ER: Made in open court; or
Written motions shall be presumed as In the course of a hearing or
litigated motions, except when the trial
court may act upon it without
prejudicing the rights of the adverse Examples of motions made in open court
party (ex parte). Hence, written
motions are: 1. Recess;
2. Continuance
GR: Litigated motions; 3. To strike;
ER: Ex parte, when the 4. To confer with my client;
court may act upon it 5. To exclude the public;
without prejudicing 6. To transfer markings

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Contents of a motion
15.03. Contents;
A motion shall state the relief sought to be
obtained and the grounds upon which it is
based, and if required by these Rules or
necessary to prove facts alleged therein, shall
be accompanied by supporting affidavits and
other papers.
Hence, the first two (2) contents must
appear, while the last content is
required only in some instances:
1. Relief sought;
2. Ground, basis, arguments;
3. Affidavits:
a. If required by the Rules; or
b. Necessary to prove the
facts therein
Examples of motions which requires
affidavits
1. Chattel mortgage; Of good faith;
2. New trial; Of merits
Requisites of valid motions
15.04. Hearing of motions;
Except for motions which the court may act
upon without prejudicing the rights of the
adverse party, every written motion shall be
set for hearing by the applicant.
Every written motion required to be heard
and the notice of the hearing thereof shall be
served in such a manner as to ensure its
receipt by the other party at least three (3)
days before the date of hearing, unless the
court for good cause sets the hearing on
shorter notice.
15.05. Notice of hearing;
The notice of hearing shall be addressed to all
parties concerned, and shall specify the time
and date of the hearing which must not be
PJA
later than ten (10) days after the filing of the
motion.
15.06. Proof of service necessary;
No written motion set for hearing shall be
acted upon by the court without proof of
service thereof.
Hence, the following shall be required:
1. Proof of service;
2. Notice of hearing;
3. Set for hearing
Effect of failure to do the above
The motion is considered pro forma, a
mere scrap of paper not entitled to
judicial cognizance.
Notice rules
Three (3) day notice rule, is the
giving of notice to the adverse party at
least three (3) days prior to the
intended date of hearing.
On the other hand, the ten (10) day
notice rule, is the giving of notice to
the court as to enable them to prepare
and set the hearing in the Calendar of
Cases. It is likewise for the benefit of
the adverse party.
Omnibus motion rule
15.08. Omnibus motion;
Subject to the provisions of Section 1 of Rule
9, a motion attacking a pleading, order,
judgment, or proceeding shall include all
objections then available, and all objections
not so included shall be deemed waived.
9.01. Defenses and objections not pleaded;
Defenses and objections not pleaded either in
a motion to dismiss or in the answer are
deemed waived. However, when it appears
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from the pleadings or the evidence on record MOTION WRITING
that the court has no jurisdiction over the
subject matter, that there is another action Formula
pending between the same parties for the
same cause, or that the action is barred by a M = FR + OR + R.15
prior judgment or by statute of limitations, the
court shall dismiss the claim. Checklist

An omnibus motion is a motion 1. FR:

attacking a pleading, order, judgment, a. Caption
or proceeding. i. Court
ii. Title
Omnibus motion rule requires all 1. Names of
objections available to be stated, and parties
all objections NOT stated are deemed 2. Designation of
waived. parties
iii. Docket number
Exceptions to omnibus motion rule b. Body
i. Allegations
The following objections are NOT ii. Relief sought
deemed waived despite failure to state c. Dated and signed
such ground: 2. OR:
a. IBP No.
1. Lack of jurisdiction over the b. Roll No.
subject matter; c. MCLE No.
2. Litis pendentia; d. PTR No,
3. Res judicata; 3. R.15
4. Prescription a. Notice of hearing
b. Proof of service
Motion day
Rule as to verification of motions
As a general rule, motions are heard
on Friday afternoons GR: Need not be verified;
ER: Motions for reconsideration of
(NOTE: However, in practice, courts resolutions to the Prosecutors
may set any other day as to cater their Office (Manual for
Calendar of Cases) Prosecutors Office)

Q: Mr. A filed a case for collection of sum

of money for the amount of Php500,000 in
the RTC of Quezon City, Branch 2,
against Mr. B with docket number 1234.
The former is a resident of Quezon City,
while the latter resides in Makati.

Mr. A is represented by Atty. X of ABC

law firm in Ortigas. On the other hand,

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Mr. B is represented by Atty. Z of XYZ
law firm in Ortigas.
Summons was properly served to Mr. B on
1 December 2019.
Subsequently, Atty. Z filed his entry of
appearance on 14 December 2019 with the
RTC QC, Br.2 for his representation of
Mr. B.
PJA
As the due date for the responsive
pleading is in two (2) days, Atty. Z
foresees the impossibility of filing of said
responsive pleading. What would Atty. Z’s
recourse be?
He may file for a motion for
extension of time to file a
responsive pleading
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Republic of the Philippines
National Judicial Capital Region
Regional Trial Court, Branch 2
Quezon City

Mr. A,
Plaintiff, While in this case, the
defendant is the movant, the
placement of their remains as
to how they were designated in
v. the complaint. Civil Case No. 1234
FOR: Sum of Money
Hence, the defendant’s name
Mr. B, DOES NOT appear first
despite being the movant.
Defendant.
x-----------------------------------------------------------------------------------------------------------------x
MOTION

Defendant, by counsel, states that:

No need to 1. Defendant received the summons on 1 December 2019;

state personal 2. Under the Rules of Civil Procedure, the defendant has fifteen (15) days to file his
circumstances responsive pleading which is until 16 December 2019;
of the parties 3. Counsel for the defendant foresees the impossibility of filing a responsive
pleading as his services was engaged only on 14 December 2019;

PRAYER

WHEREFORE, defendant prays that:

1. The Court takes note of this motion;

2. The defendant be granted additional fifteen (15) days to file a responsive
pleading;
3. Other reliefs just and equitable are likewise prayed for

14 December 2019. Ortigas for Quezon City

(sgd)
A law firm
XYZ Law Firm is a juridical
Ortigas Center, Quezon City person.
Email
Contact No. As a
By: Atty. Z juridical
person, it
Roll No. cannot
IBP No. sign, hence
PTR No. the counsel
MCLE Compliance No. must do so

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Notice of Hearing and Copy Furnished To: or Notice of Hearing: Of the two,
Branch Clerk of Court, RTC, Br.2 Branch Clerk of Court, RTC, Br.2 the former
Quezon City Quezon City is much
efficient
considering
Atty. X Atty. X the
ABC Law Firm ABC Law Firm repetitive
Ortigas Ortigas stating of
recipients.
Copy Furnished To:
Copy
Branch Clerk of Court, RTC, Br.2 furnished
Quezon City may be to
the
Atty. X defendant
himself OR
ABC Law Firm
his counsel
Ortigas if
represented
IF LITIGATED MOTION IF EX PARTE MOTION
In litigated Mr. A Mr. A
motions, it
is necessary Greetings! Greetings!
to inform
the adverse
party of the Please take note that the Motion will be Please take note that the Motion will be
hearing submitted for the consideration of this submitted for the consideration of this
date and Court on (date and time) Court upon receipt hereof:
time.
(sgd) (sgd)
Atty. Z Atty. Z

IF PERSONAL IF REGISTERED MAIL

SERVICE
In cases of
No need to include an Filing only (Service Service only (Filing Filing and service availing
explanation, as personally served) personally served) registered
personal service is the mail, the
preferred method. EXPLANATION EXPLANATION EXPLANATION reason for
such
availing
A copy of this Motion A copy of this Motion A copy of this MUST be
was filed via Registered was served to the other Motion was filed stated.
Mail due to lack of counsel via Registered served to the other
manpower Mail due to lack of counsel via The most
manpower Registered Mail due common
reason is
(sgd) to lack of lack of
Atty. Z (sgd) manpower manpower
Atty. Z or long
(sgd) distance.
Atty. Z
Notice that other requirements are not
required to appear under the above
portions. OR is required only in the
signature portion
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PRE-TRIAL
Definition
Mandatory procedure done prior to
the trial, after the last pleading has
been served and filed
Purpose
18.02. Nature and purpose;
The pre-trial is mandatory. The court shall
consider:
a) The possibility of an amicable
settlement or of a submission to
alternative modes of dispute
resolution;
b) The simplification of issues;
c) The necessity or desirability of
amendments to the pleadings;
d) The possibility of obtaining
stipulations or admissions of facts an
of documents to avoid unnecessary
proof;
e) The limitation of the number of
witnesses;
f) The advisability of a preliminary
reference of issues to a commissioner;
g) The propriety of rendering judgment
on the pleadings, or summary
judgment, or of dismissing the action
should a valid ground therefor be
found to exist;
h) The advisability or necessity of
suspending the proceedings; and
i) Such other matters as may aid in the
prompt disposition of the action.
PJA
For its ultimate purpose, it is to take
all necessary steps in the speedy
disposition of cases.
Q: Who must appear in pre-trial?
18.04. Appearance of parties;
It shall be the duty of the parties and their
counsel to appear at the pre-trial. The non-
appearance of a party may be excused only if a
valid cause is shown therefor or if a
representative shall appear in his behalf fully
authorized in writing to enter into an amicable
settlement, to submit to alternative modes of
dispute resolution, and to enter into
stipulations or admissions of facts and of
documents.
As a general rule, both the party
AND his counsel must appear at pre-
trial.
However as an exception, the party’s
appearance may be excused if the
following are present:
a) Valid cause; and
b) Authorized in writing through
a special power of attorney
(SPA), with the following
authorities to:
a. Enter into amicable
settlement;
b. Submit to alternative
modes of dispute
resolution; and
c. Enter into stipulations
or admissions of facts
and of documents
Purpose of requiring attendance of party
and counsel
Amicable settlement
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Q: Can the authority be in the form of an evidence to the exclusion of any
authorization letter? objections from the defendant.

No. (Bakit ipapakuha mo ba documents However, determination of probative

mo?)
Effect of failure to appear
18.05. Effect of failure to appear;
The failure of the plaintiff to appear when so
required pursuant to the next preceding
section shall be cause of dismissal of the
action. The dismissal shall be with prejudice,
unless otherwise ordered by the court. A
similar failure on the part of the defendant
shall be cause to allow the plaintiff to present
his evidence ex parte and the court to render
judgment on the basis thereof.
As to the plaintiff, it shall be a cause
for the dismissal of the action, under
the following rule as to prejudice:
GR: With prejudice;
ER: Without prejudice, if
otherwise ordered by
the court
On the other hand, as to the
defendant, it shall be a cause to:
weight is upon the discretion of the
court.
“Last pleading”
It may be an answer or a reply
Q: Can a party move to reset the pre-trial
conference?
Yes, subject to the court’s discretion,
under any of the following grounds:
a) Absence of the party or counsel,
due to good ground or justifiable
reason;
b) Judge is on leave;
c) Presence of prejudicial question;
d) Novelty of the issues (e.g. Fujiki v.
Marinay);
e) Recognition of foreign divorce
decree (e.g. at the time, the SC has
no rule as to where it must be
filed, RTC or Family Court)
Pre-trial in civil v. criminal cases

a) Allow plaintiff to present CIVIL CRIMINAL

Movant to set Plaintiff Court (no
evidence ex parte; the case for motion by
b) Court to render judgment on pre-trial? parties required)
the basis thereof
When motion After the last After
Q: Assuming defendant failed to appear, made? pleading arraignment and
within thirty
will the court automatically render (30) days from
judgment in favor of the plaintiff? the date the
court acquired
No, the court will still render jurisdiction over
judgment based on the merits and the person of
the accused
pieces of evidence presented.
Consideration Yes GR: NO
The allowance to present evidence ex of compromise
parte merely allows the presentation of (amicable ER: NOT
settlement) prohibited to
settle (e.g. via

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Affidavit of Philippine Mediation Center (PMC)
Desistance)

Necessity of NOT required, Required, in line

signatures of while preferably with the For a non-extendible period of thirty
parties and signed, would presumption of (30) days, the following cases may be
counsel still be binding innocence and referred to the PMC and be
despite absence the right against compromised:
of such self-
incrimination.
a) Civil cases;
If it is not b) Criminal cases;
signed by the a. Criminal negligence;
party AND his b. BP.22 cases;
counsel, it
c. Libel;
cannot bind the
party. d. Estafa under
paragraph one (1);
Effect of non- Plaintiff; ground NONE, case e. Theft, except qualified
appearance for dismissal will still theft;
prospoer f. Those cognizable by
Defendant;
allows plaintiff RTC.
to present
evidence ex parte Crimes against persons CANNOT be
and for the referred to the PMC
court to render
judgment on the
basis thereof Effect of agreement or non-agreement in
the PMC
Sanctions for Upon the Upon the
non- parties (plaintiff counsel or In case the parties agree, the same
appearance or defendant) prosecutor shall be approved.
Submission of Required NOT required
pre-trial brief On the other hand, in case of
disagreement, the parties will then
Components of pre-trial be subjected to Judicial Dispute
Resolution
a) Pre-trial conference;
b) Pre-trial proper; Judicial Dispute Resolution (JDR)
c) Referral to the Philippine Mediation
Center; and The Judge of the case where raffled
d) Judicial Dispute Resolution will attempt to amicably settle the
parties
Pre-trial conference
Effect of agreement or non-agreement in
Done before the BCC, to: the JDR

a) Name witnesses; In case of agreement, the Judge will

b) Enter into stipulations; and issue a compromise agreement.
c) Marking of evidence
On the other hand, in case of
disagreement:
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
b. Statement of proposed facts;
GR: The case will be re- c. Issues to be tried;
raffled to another d. Witnesses to be presented;
court; e. Documents
ER: Parties agreed to f. Availment of Modes of
conduct trial in the Discovery
same court, despite g. Applicable Laws and
such failure Jurisprudence
h. Copy furnished
Rationale for re-raffling of case after
failure of JDR Effect of failure to file pre-trial brief

It is done as the Judge can be said to The same as to failure to appear

no longer be free from bias and his
independent judgment may have been Q: Is copy furnished required?
affected by the statements made by
the parties involved Yes

PRE-TRIAL BRIEF WRITING Q: Is notice of hearing required?

Formula No, Rule 18 DOES NOT require

such
PTB = FR + OR + R.18
Q: Is an acknowledgment required?
Contents
No, does not transfer rights
1. FR:
a. Caption Q: Is a verification and certification
i. Court against forum shopping required?
ii. Title
1. Names of No, it is neither an initiatory pleading
parties nor a “latin” pleading
2. Designation of
parties Q: Is a jurat required?
iii. Docket number
b. Body No, not among ACSV
i. Allegations
ii. Relief sought Additional requirement in case of
c. Dated and signed corporations
2. OR:
a. IBP No. There must be:
b. Roll No.
c. MCLE No. 1. Board resolution; or
d. PTR No, 2. Secretary’s certificate
3. R.18
a. Willingness to enter into an
amicable settlement;

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 PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje PJA
Republic of the Philippines
National Capital Judicial Region
Regional Trial Court, Br. 2
Quezon City

Mr. A,
Plaintiff,

v. Civil Case No. 1234

FOR: Collection of
Sum of Money and
Damages
Mr. B,
Defendant.
x-----------------------------------------------------------------------------------------------------------------x

PRE-TRIAL BRIEF

Plaintiff, by counsel, submits this pre-trial brief as follows:

I. Willingness to enter into an amicable settlement

Plaintiff is willing to amicably settle the case upon terms beneficial to both parties;

II. Statement of proposed facts

1. On 14 February 2019, Mr. A and Mr. B entered into a “Loan Agreement” where the
latter borrowed Php500,000, and secured with a “Promissory Note” executed on the
same day;

2. That under the “Loan Agreement”, payment shall be made in five (5) installments
starting from March and ending in July, and failure to pay any installments shall make the
whole amount demandable;

3. On 14 March 2019, no payment was made;

4. A demand letter was sent to Mr. B, but no response nor payment was made
Kaya nyo na
gumawa nang III. Issues to be tried
issue, mga
jowa nyo nga 1. Whether or not ______________________________
lagi nyo
ginagawan 2. Whether or not ______________________________
issue 3. Whether or not ______________________________

IV. Witnesses to be presented

1. Mr. A;
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Atty. Rickson Buenviaje PJA

There is no 2. Two (2) witnesses in the loan agreement;

need to state 3. Messenger; Reservation
the purpose 4. Notary public can only be
at this stage. for trial

Furthermore,
The plaintiff reserves the right to present additional witnesses that may be presented in the In pre-trial,
if purpose is course of the trial only those
stated, the stated under
adverse party V. Documents the pre-trial
will be able to brief may
prepare. appear.
1. Loan Agreement dated 14 February 2019; The above
2. Promissory Note dated 14 February 2019; witnesses are to
3. Demand Letter dated _______________ authenticate these
documents

VI. Availment of Modes of Discovery

VII. Applicable Laws and Jurisprudence

PRAYER

WHEREFORE, plaintiff prays that:

1. This court takes note of this pre-trial brief; and

2. Other reliefs just and equitable are likewise prayed for

(Date). Ortigas for Quezon City

(sgd)
ABC Law Firm
Ortigas Center, Quezon City
Email
Contact No.
By: Atty. X
Roll No.
IBP No.
PTR No.
MCLE Compliance No.
Copy furnished:

Atty. Z
XYZ Law Firm
Ortigas Center, Quezon City

EXPLANATION

A copy of this Motion was served to the other counsel via Registered Mail due to lack of manpower

(sgd)
Atty. X
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PRACTICE COURT 1 2019-2020, 2nd Sem
Atty. Rickson Buenviaje
FILING OF COMPLAINT
SUMMONS
Purpose of summons
a) Acquire jurisdiction; and
b) Notify defendant of the case against
him to afford him the opportunity to
be heard
14.01. Clerk to issue summons;
Upon the filling of the complaint and the
payment of the requisite legal fees, the clerk
of court shall forthwith issue the
corresponding summons to the defendants.
14.02. Contents;
The summons shall be directed to the
defendant, signed by the clerk of court under
seal, and contain:
a) The name of the court and the names
of the parties to the action;
b) A direction that the defendant answer
within the time fixed by these Rules;
c) A notice that unless the defendant so
answers, plaintiff will take judgment
by default and may be granted the
relief applied for.
A copy of the complaint and order for
appointment of guardian ad litem, if any, shall
be attached to the original and each copy of
the summons.
Effect of failure to answer
Plaintiff will take judgment by default
and may be granted the relief applied
for
14.03. By whom served;
The summons may be served by the sheriff,
his deputy, or other proper court officer, or
PJA
for justifiable reasons by any suitable person
authorized by the court issuing the summons.
14.04. Return;
When the service has been completed, the
server shall, within five (5) days therefrom,
serve a copy of the return, personally or by
registered mail, to the plaintiff’s counsel, and
shall return the summons to the clerk who
issued it, accompanied by proof of service.
14.08. Service upon entity without juridical
personality;
When persons associated in an entity without
juridical personality are sued under the name
by which they are generally or commonly
known, service may be effected upon all the
defendants by serving upon any one of them,
or upon the person in charge of the office or
place of business maintained in such name.
But such service shall not bind individually
any person whose connection with the entity
has, upon due notice, been severed before the
action was brought.
14.11. Service upon domestic private
juridical entity;
When the defendant is a corporation,
partnership or association organized under the
laws of the Philippines with a juridical
personality, service may be made on the
president, managing partner, general manager,
corporate secretary, treasurer, or in-house
counsel.
14.12. Service upon foreign private
juridical entity;
When the defendant is a foreign private
juridical entity which has transacted business
in the Philippines, service may be made on its
resident agent designated in accordance with
law for that purpose, or, if there be no such
agent, on the government official designated
by law to that effect, or on any of its officers
or agents within the Philippines.
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Atty. Rickson Buenviaje PJA
If a foreign private juridical entity is not
registered in the Philippines or has no resident
agent, service may, with leave of court, be
effected out of the Philippines through any of
the following means:

a) By personal service coursed through

the appropriate court in the foreign
country with the assistance of the
Department of Foreign Affairs;
b) By publication once in a newspaper of
general circulation in the country
where the defendant may be found
and by serving a copy of the summons
and the court order by registered mail
at the last known address of the
defendant;
c) By facsimile or any recognized
electronic means that could generate
proof of service; or
d) By such other means as the court may
in its discretion direct.

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