over the subject matter, the only power it has is to dismiss
JURISDICTION PRELIMINARIES READINGS the action.”
 Definition, significance and application.
 Mitsubishi Motors Philippines
Corporation v. Bureau of Customs, 759
SCRA 306, June 17, 2015
 Batas Pambansa Blg. 129, as amended by
Republic Act No. 7691
 Republic Act No. 5440
 Administrative Circular 09-94, June 14,
1994
 SC Circular No. 2-89, February 7, 1989 as
amended.
 Firestone Ceramics Inc., et al. v. CA, G.R.
No. 127022, June 28, 2000
 Doctrine of Hierarchy of Courts.
 Barroso v. Hon. Omelio et al., G.R. No.
194767, October 14. 2015
 Ifurung v. Hon. Morales et al., G.R. No.
232131, April 24, 2018
 Doctrine of Adherence to Jurisdiction.
 Mercado v. Ubay, 187 SCRA 719, July 24,
1990
 Latchme Motoomull v. Dela Paz, 187
SCRA 749, July 24, 1990
 Distinguished from the exercise of
jurisdiction
 Juan dela Cruz v. Moir, G.R. No. 12256,
February 6, 1917
DISCUSSION
JURISDICTION
- The power of a court to hear, try and decide a
case.
Significance
- The Rules of Court would not have any
application if a court does not have jurisdiction.
In Mitsubishi Motors v. Bureau of Customs, the court
said:
“In order for the court or an adjudicative body to have
authority to dispose of the case on the merits, it must
acquire, among others, jurisdiction over the subject
matter. It is axiomatic that jurisdiction over the subject
matter is the power to hear and determine the general
class to which the proceedings in question belong; it is
conferred by law and not by the consent or acquiescence
of any or all of the parties or by erroneous belief of the
court that it exists. Thus, when a court has no jurisdiction
When a court has concurrent jurisdiction
There is a need to observe the Doctrine of Hierarchy of
Courts that requires the litigant to initiate his action
before the lowest ranked court. The reason for this was
explained in Barroso v. Hon. Omelio, where the court
said:
“The strictness of the policy is designed to shield the court
from having to deal with causes that are well within the
competence of the lower courts, and thus leave the court
time to deal with the more fundamental and essential tasks
assigned to it by the Constitution.”
Hierarchy is essential to:
(a) create precedent, which will allow for consistency of
resolution as all cases of a like or similar nature can be
decided in the same manner, and
(b) for an effective system of appeal, as without
established hierarchy, there would be no court to appeal
to.
By way of exceptions, In Ifurung v. Hon. Morales, the
court said: the doctrine of hierarchy of courts is not an
iron-clad rule as it in fact admits the jurisprudentially
established exceptions thereto, viz:
(a) a direct resort to this court is allowed when there are
genuine issues of constitutionality that must be addressed
at the most immediate time. A direct resort to this court
includes availing of the remedies of certiorari and
prohibition to assail the constitutionality of actions of
both legislative and executive branches of the
government;
(b) when the issues involved are of transcendental
importance;
(c) cases of first impression warrant a direct resort to this
court. In cases of first impression, no jurisprudence yet
exists that will guide the lower courts on this matter;
(d) the constitutional issues raised are better decided by
this court;
(e) the time element;
(f) the filed petition reviews the act of a constitutional
organ;
(g) petitioners have no other plain, speedy, and adequate
remedy in the ordinary course of law; and
(h) the petition includes questions that are dictated by
public welfare and the advancement of public policy, or
demanded by the broader interest of justice, or the orders
complained of were found to be patent nullities, or the
appeal was considered as clearly an inappropriate
1
remedy
Page
When the court has jurisdiction
In Mercado v. Ubay and Latchme Motoomull v. Dela
Paz, the principle is that:
“Where a court has already obtained and is exercising
jurisdiction over a controversy, its jurisdiction to proceed
to the final determination of the cause is not affected by
new legislation placing jurisdiction over such
proceedings in another tribunal. The exception to the rule
is where the statute expressly provides, or is construed to
the effect that it is intended to operate as to actions
pending before its enactment. Where a statute changing
the jurisdiction of a court has no retroactive effect, it
cannot be applied to a case that was pending prior to the
enactment of the statute...”
Jurisdiction distinguished from the exercise of
jurisdiction
In Juan Dela Cruz v. Moir, the court distinguished in this
wise:
The authority to decide a cause at all, and not the decision
rendered therein, is what makes up jurisdiction. Where
there is jurisdiction of the person and subject matter, the
decision of all other questions arising in the case is but an
exercise of that jurisdiction.
COMPONENTS OF JURISDICTION READINGS
 Subject matter jurisdiction:
 Conchita Carpio Morales v. CA, G.R. No.
217126, November 10, 2015
 Francisco Ramos v. Stateland Investment
Corporation, G.R. No. 161973, November 11,
2005
 Department of Agrarian Reform v. Trinidad
Valley and Realty & Development
Corporation, 715 SCRA 650
 Philippine Women’s Christian Temperance
Union, Inc. v. Yangco, et al., 720 SCRA 522
 Citibank NA v. Court of Appeals, G.R. No.
108961, November 27, 1998
 Isidro v. Court of Appeals, G.R. No. 105586,
December 15, 1993
 Jurisdiction over the parties:
 Rule 14
 Rule 3, Sections 16, 17, and 19
 Rule 46, Section 4
 Manotoc v. Court of Appeals, G.R. No.
130974, August 16, 2006
DISCUSSION
COMPONENTS OF JURISDICTION DISCUSSION
OUTLINE
Components of jurisdiction
The principal components of jurisdiction are:
(a) jurisdiction over the subject matter, and
(b) jurisdiction over the parties.
Subject matter jurisdiction
In Morales v. CA, subject matter jurisdiction is defined as
the authority to hear and determine cases of a general
class to which the proceedings in question belong and is
conferred by the sovereign authority, which organizes the
court and defines its powers.
In Ramos v. Stateland, the court said: “jurisdiction over the
subject matter is determined exclusively by the
Constitution and the law. It cannot be conferred by the
voluntary act or agreement of the parties; it cannot be
acquired through or waived, enlarged or diminished by
their act or omission. Neither is it conferred by the
acquiescence of the court. It is neither for the court nor
the parties to violate or disregard the rule, this matter
being legislative in character.
Determining subject matter jurisdiction
In Department of Agrarian Reform v. Trinidad Valley and
Realty & Development Corporation, it restated the cardinal
principle that jurisdiction of a court over the subject
matter of an action is determined by the law in force at the
time of the filing of the complaint.
In Philippine Women’s Christian Temperance Union, Inc. v.
Yangco, the court said: “It is determined by the plaintiff’s
allegations in the complaint and the principal relief he
seeks in the light of the law that apportions the
jurisdiction of the courts.
In Citibank NA v. Court of Appeals, the court’s jurisdiction
over the subject matter of the action is determined by the
allegations in the complaint, irrespective of whether or
not the plaintiff is entitled to recover upon all or some of
the claims asserted therein.
Further, its jurisdiction cannot be made to depend upon
the defenses set up in the answer or in the motion to
dismiss, otherwise, the question of jurisdiction would
almost entirely depend upon the defendant.
The exception is found in Isidro v. CA, where the defense
of agricultural tenancy as alleged in the answer requires
a court to conduct a preliminary hearing to determine the
existence of an agricultural tenancy relationship.
Jurisdiction over the parties
Jurisdiction over the plaintiff is acquired upon the filing of
the complaint.
Jurisdiction over the defendant is acquired by valid
2
service of summons or a voluntary appearance.
Page
Summons
It is a writ issued sealed and signed by the clerk of court
upon filing of a complaint and payment of requisite legal
fees issued to and directed to the defendant containing
the following:
a) name of the court and of the parties
b) when authorized by the court upon ex-parte
motion, an authorization for the plaintiff to serve
summons to the defendant,
c) a direction that the defendant answer within the
time fixed by the Rules, and
d) notice that unless defendant answers, plaintiff
will take judgment by default and may be granted
the relief prayed for.
Attached is a copy of the complaint and the order for the
appointment of a guardian ad litem, if any.
Summons is served by
The sheriff, his deputy, or other proper Court Officer, or
for justifiable reasons by any suitable person authorized
by the court issuing the summons. In case of failure of
service of summons by them the court may authorize the
plaintiff-to serve summons together with the sheriff.
An Officer having management of a jail or institution, if a
defendant is a prisoner therein is deputized as a special
sheriff for service of summons. The jail warden shall file a
return within 5 calendar days from service of summons
upon the defendant.
When summons is served by the plaintiff
Under Section 3, in cases where summons is to be served
outside the judicial region of the court where the case is
pending, the plaintiff shall be authorized to cause service
of summons.
If the plaintiff is a juridical entity, it shall notify the court,
in writing, and name its authorized representative
therein, attaching a board resolution or secretary’s
certificate thereto, as the case may be, stating that such
representative is duly authorized to serve summons in
behalf of the plaintiff.
If the plaintiff misrepresents that the defendant was
served summons, and it is later proved that no summons
was served, the case shall be dismissed with prejudice, the
proceedings nullified, and the plaintiff meted appropriate
sanctions.
If summons is returned without being served on any or all
of the defendants, the court shall order the plaintiff to
cause service of summons by other means available under
the Rules.
Failure to comply with the order shall cause dismissal of
the initiatory pleading without prejudice.
Manner of service of summons
Service in person on the defendant by handling a copy
thereof to the defendant in person and informing the
defendant that he or she is being served, or if he or she
refuses to receive and sign for it, by leaving the summons
within the view and in the presence of the defendant.
Substituted service of summons. Manotoc v. Court of
Appeals exhaustively discusses the requirements for a
valid resort to substituted service.
The first requirement is the impossibility of Prompt
Personal Service.
The party relying on substituted service or the sheriff
must show that defendant cannot be served promptly or
there is impossibility of prompt service. Section 8, Rule 14
provides that the plaintiff or the sheriff is given a
"reasonable time" to serve the summons to the defendant
in person, but no specific time frame is mentioned.
"Reasonable time" is defined as "so much time as is
necessary under the circumstances for a reasonably
prudent and diligent man to do, conveniently, what the
contract or duty requires that should be done, having a
regard for the rights and possibility of loss, if any, to the
other party." Under the Rules, the service of summons has
no set period.
To the plaintiff, "reasonable time" means no more than
seven (7) days since an expeditious processing of a
complaint is what a plaintiff wants. To the sheriff,
"reasonable time" means 15 to 30 days because at the end
of the month, it is a practice for the branch clerk of court
to require the sheriff to submit a return of the summons
assigned to the sheriff for service. The Sheriffs Return
provides data to the Clerk of Court, which the clerk uses
in the Monthly Report of Cases to be submitted to the
Office of the Court Administrator within the first ten (10)
days of the succeeding month. Thus, one month from the
issuance of summons can be considered "reasonable
time" with regard to personal service on the defendant.
For substituted service of summons to be available, there
must be several attempts by the sheriff to personally
serve the summons within a reasonable period [of one
month], which eventually resulted in failure to prove
impossibility of prompt service. "Several attempts"
means at least three (3) tries, preferably on at least two
different dates. In addition, the sheriff must cite why such
efforts were unsuccessful. It is only then that
impossibility of service can be confirmed or accepted.
Section 6, Rule 14 enumerates how substituted
service is undertaken:
First, leaving a copy of the summons at defendant’s
residence to a person at least 18 years of age and of
sufficient discretion residing therein or leaving it at
defendant’s office or regular place of business with some
competent person in charge thereof. A competent person
includes, but is not limited to, one who customarily
3
receives correspondence for the defendant.
Page
Second, leaving copies of the summons, if refused entry,
upon making his or her authority and purpose known,
with any of the officers of the homeowner’s association or
condominium corporation, or its chief security officer in
charge of the community or building where the defendant
may be found.
Third, sending an electronic mail to the defendant’s
electronic mail address, if allowed by the court.
We again refer back to the Manotoc case to understand
two other requirements:
A Person of Suitable Age and Discretion
If the substituted service will be effected at defendant's
house or residence, it should be left with a person of
"suitable age and discretion then residing therein." A
person of suitable age and discretion is one who has
attained the age of full legal capacity (18 years old) and is
considered to have enough discernment to understand
the importance of a summons. "Discretion" is defined as
"the ability to make decisions which represent a
responsible choice and for which an understanding of
what is lawful, right or wise may be presupposed". Thus,
to be of sufficient discretion, such person must know how
to read and understand English to comprehend the
import of the summons, and fully realize the need to
deliver the summons and complaint to the defendant at
the earliest possible time for the person to take
appropriate action. Thus, the person must have the
"relation of confidence" to the defendant, ensuring that
the latter would receive or at least be notified of the
receipt of the summons. The sheriff must therefore
determine if the person found in the alleged dwelling or
residence of defendant is of legal age, what the recipient's
relationship with the defendant is, and whether said
person comprehends the significance of the receipt of the
summons and his duty to immediately deliver it to the
defendant or at least notify the defendant of said receipt
of summons. These matters must be clearly and
specifically described in the Return of Summons.
A Competent Person in Charge
If the substituted service will be done at defendant's office
or regular place of business, then it should be served on a
competent person in charge of the place. Thus, the person
on whom the substituted service will be made must be the
one managing the office or business of defendant, such as
the president or manager; and such individual must have
sufficient knowledge to understand the obligation of the
defendant in the summons, its importance, and the
prejudicial effects arising from inaction on the summons.
Again, these details must be contained in the Return.
DISCUSSION
COMPONENTS OF JURISDICTION PART 2
Service of summons by publication
Section 16 provides that service of summons by
publication can be resorted to if the defendant is
designated as an unknown owner, or the like or the
whereabouts of the defendant is unknown and cannot be
ascertained by diligent inquiry, within 90 days from the
commencement of the action.
Resort to this mode of service requires leave of court, and
the leave shall specify a reasonable time, which shall not
be less than 60 days after notice, within which the
defendant must file an answer.
Section 19 specifies the requirements for an application
for leave under the Rule to be in writing, supported by an
affidavit of the plaintiff or some person in his behalf,
setting forth the grounds for the application.
Service consistent with international conventions
Section 9 provides that service can also be made through
methods that are consistent with established
international conventions to which the Philippines is a
party.
An example is the Hague Conference on Private
International Law which provides for service of judicial
and extra-judicial documents in civil or commercial
matters which provides in Article 5 that: The Central
Authority of the State addressed shall itself serve the
document or shall arrange to have it served by an
appropriate agency, either – (a) by a method prescribed
by its internal law for the service of documents in
domestic actions upon persons who are within its
territory, or (b) by a particular method requested by the
applicant, unless such a method is incompatible with the
law of the State addressed. Subject to sub-paragraph (b)
of the first paragraph of this Article, the document may
always be served by delivery to an addressee who accepts
it voluntarily.
If the document is to be served under the first paragraph
above, the Central Authority may require the document to
be written in, or translated into, the official language or
one of the official languages of the State addressed. That
part of the request, in the form attached to the present
Convention, which contains a summary of the document
to be served, shall be served with the document.
Extra-territorial service of summons
Section 17 provides that extra-territorial Service is
allowed in suits against a non-resident defendant who
cannot be not found in the when: (a) Action affects the
personal status of the plaintiff (b) Action relates to, or the
subject of which is property within the Philippines in
which the defendant has or claims a lien or interest, actual
4
or contingent (c) When the relief demanded, in whole or
Page
in part consists of excluding the defendant from any
interest in property located in the Philippines (d) When
the defendant’s property has been attached in the
Philippines.
The modes of extra-territorial service are:
a) personal service
b) as provided for in international conventions to
which the Philippines is a party, or
c) publication in a newspaper of general circulation
in such places and for such time as the court may
order, in which case a copy of the summons and
order of the court shall be sent by registered mail
to the last known address, or
d) Any other manner the court may deem sufficient.
Section 18 provides that when an action is commenced
against a defendant who ordinarily resides within the
Philippines but who is temporarily out of it, service, may,
by leave of court, be also effected out of the Philippines, in
a like manner.
Resort to extra-territorial service requires leave of court
and any order granting leave shall give the defendant no
less 60 days after notice to answer.
Upon whom may service of summons be made
Service of summons is to be made upon the defendant.
If the defendant is an entity without juridical
personality, it is to be served upon any one of
them or upon person in charge of the office or
place of business maintained in such name but
such shall not bind individually any person
whose connection with the entity has, upon due
notice, been severed before the action was filed.
If on a minor, insane or otherwise incompetent it is to
be served upon him personally and his guardian / or
guardian ad litem. In addition, in case of a minor, service
may also be made on his father or mother.
If upon spouses when they are sued jointly, each of them
individually.
If upon a domestic private juridical entity, it is to be
served on the president, managing partner, general
manager, corporate secretary, treasurer or in house
counsel of the corporation wherever they may be found,
or in their absence or unavailability, on their secretaries.
If service cannot be made on such persons, it shall be
made on the person who customarily receives the
correspondence of the defendant at its principal office.
If it is under receivership or liquidation, upon the
receiver or liquidator.
Should there be refusal to receive summons despite at
least 3 attempts on 2 different dates, it may be made
electronically, if allowed by the court as provided in
Section 6.
If upon a Foreign Private Juridical Entity which has
transacted or is doing business in the Philippines is to be
served upon its resident agent. If there be no resident
agent, the Government official designated by law such as
the SEC, Insurance Commissioner, Superintendent of
Banks. If none, any of its officers, directors or trustees or
agents in the Philippines.
Note the required sequence of service. In addition, in
Litton Mills v. CA (256 SCRA 696) if a lawyer enters an
appearance without proof of having been engaged by the
foreign corporation, no voluntary appearance can be
inferred.
If it is a foreign private juridical entity not registered
in the Philippines, or has no resident agent, but has
transacted business or is doing business in it, service,
by leave of court, may be effected outside of the
Philippines through:
a) personal service coursed through the
appropriate court in the foreign country with the
assistance of the Department of Foreign Affairs
b) 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 court order by registered mail at
the last known address
c) by facsimile,
d) by electronic means with prescribed proof of
service , and
e) by other means that the court in its discretion
may direct
The provision now includes AM 11-3-6 SC that previously
applied to cases of purely personal actions such as
damages, breach of contract or injunction brought against
unregistered foreign private juridical entities or those
without a resident against.
If on the Republic of the Philippines it is to be served on
the Solicitor General and in case of a Province, City,
Municipality or similar public corporation it is to be
served on the executive head, or on such other officers as
the law or court may direct.
Return of Service
Section 20 provides that within 30 days from issuance of
the summons by the clerk of court and receipt thereof, the
sheriff or process server, or person authorized by the
court must complete its service.
Within 5 days after completion, a copy of the return must
be served, personally, by registered mail, or by electronic
means authorized by the Rules to plaintiff’s counsel, and
he shall return the summons to the clerk of court who
issued it together with proof of service.
If substituted service shall been effected, the RETURN
shall state the following:
5
Page
 a) the impossibility of prompt personal service
within a period of 30 calendar days from issue
and receipt of summons,
b) the date and time of the 3 attempts on at least 2
different dates to cause personal service and the
details of the inquiries made to locate the
defendant residing thereat, and
c) the name of the person, at least 18 years of age
and of sufficient discretion then residing therein,
name of the competent person in charge of the
defendant’s office or regular place of business, or
the name of the officer of the homeowner’s
association or condominium corporation or chief
security officer of the community or building
where the defendant may be found.
In Manotoc, the court said: The sheriff must describe in
the Return of Summons the facts and circumstances
surrounding the attempted personal service. The efforts
made to find the defendant and the reasons behind the
failure must be clearly narrated in detail in the Return.
The date and time of the attempts on personal service, the
inquiries made to locate the defendant, the name/s of the
occupants of the alleged residence or house of defendant
and all other acts done, though futile, to serve the
summons on defendant must be specified in the return to
justify substituted service.
Proof of service
Section 21 defines PROOF OF SERVICE as the writing
executed by the server setting forth
(1) the manner, place and date of service;
(2) the paper/s which have been served with the process
and name of the person who received the same. It is
required to be sworn to if made by a person other than
the sheriff or his deputy.
If served by electronic mail, a print out of the said email
with a copy of the summons as served, and the affidavit of
the person mailing shall constitute proof of service.
If summons is by publication, proof of service consists of:
(a) Affidavit of printer, foreman, principal clerk
editor, business manager or advertising
manager, copy of the publication attached, and
(b) Affidavit showing the deposit of a copy of the
summons and order for publication in the post
office, postage prepaid directed to the defendant
by registered mail at / to his last known address.
Voluntary appearance
Section 23 says that a voluntary appearance shall be
equivalent to service of summons. The inclusion in a
motion to dismiss of other grounds aside from lack of
jurisdiction over the person of the defendant shall be
deemed a voluntary appearance.-
This is a return to previous rulings of the Supreme Court
that a motion to dismiss on the ground of lack of
jurisdiction over the person be based solely on that
ground, otherwise, it is a voluntary appearance.
While the omnibus motion rule remains unchanged and
requires that all objections then available be included
otherwise they are waived, except
(a) the Court has no jurisdiction over the subject
matter;
(b) there is another action pending between the
same parties for the same cause;
(c) or, the action is barred by prior judgment or
statute of limitations, which are also the only
grounds that can be stated in a motion to dismiss.
The amendments relating to how affirmative defenses
should be pleaded has led to the reversion to the old rule.
In Palma v. Galvez (615 SCRA 86, G.R. No. 165272, March
10, 2010) the court said:
“we have, time and again, held that the
filing of a motion for additional time to
file answer is considered voluntary
submission to the jurisdiction of the
court. If the defendant knowingly does
an act inconsistent with the right to
object to the lack of personal jurisdiction
as to him, like voluntarily appearing in
the action, he is deemed to have
submitted himself to the jurisdiction of
the court. Seeking an affirmative relief is
inconsistent with the position that no
voluntary appearance had been made,
and to ask for such relief, without the
proper objection, necessitates
submission to the Court's jurisdiction.”
In GV Florida Transport, Inc. v. Tiara Commercial, G.R.
201378, October 18, 2017 the court also said:
“There is voluntary appearance when a
party, without directly assailing the
court's lack of jurisdiction, seeks
affirmative relief from the court. When a
party appears before the court without
qualification, he or she is deemed to
have waived his or her objection
regarding lack of jurisdiction due to
improper service of summons.”
Others
It must be noted that there are situations provided for the
in the Rules where jurisdiction is obtained over a party
without need for summons or a voluntary appearance.
Sections 16 and 17 of Rule 3, will allow a court to have
6
jurisdiction over a defendant who has died and has been
Page
substituted by his legal heirs or over one who has taken
over and replaced a public officer who has died or has
ceased to hold office.
Section 19 of Rule 3, also allows a court to have jurisdiction
over the transferee pendente lite.
Section 4 of Rule 46 provides that jurisdiction over the
respondent in actions under Rules 65 and 66 filed before
the Court of Appeals can be acquired by service of the
order or resolution indicating the initial action taken by
the court or by voluntary submission to its jurisdiction.
JURISDICTION PROBLEM AREAS READINGS
 Actions incapable of pecuniary estimation
 Mijares v. Ranada, G.R. No. 139235, April 12,
2005
 Gochan v. Gochan, 372 SCRA 256
 Ungria v. CA, G.R. No. 165777, July 25, 2011
 Claims for damages
 Hilario v. Salvador, G.R. No. 163384, April
29, 2005
 SC Administrative Circular 04-94, June 14,
1994
 Assessed value
 Quinagoran v. CA, G.R. No. 155179, August
24, 2007
 Republic of the Philippines v. Mangorota,
G.R. No. 170375, July 10, 2010
 Docket fees
 Proton Pilipinas Corporation v. Banque
Nationale de Paris, 460 SCRA 260
 Sun Insurance Office Ltd. v. Asuncion, 170
SCRA 274
 Manchester Development Corporation v. CA,
149 SCRA 562
 First Sarmiento Property Holdings, Inc. v.
Philippine Bank of Communications, G.R. No.
202836, June 19, 2018
 Ballatan v. CA, G.R. No. 125683, 304 SCRA
35
DISCUSSION
JURISDICTION PROBLEM AREAS
Actions that are incapable of pecuniary estimation
It is an action where the basic issue is something other
than the right to recover money, where the money claim
is incidental to or is a consequence of the principal relief
being sought.
It is a claim, the subject of which cannot be estimated in
terms of money.
The most common example is specific performance,
however, it is also the most problematic. Other examples
appointment of receivers, expropriation, interpleader,
support, and rescission.
In Mijares, a complaint for the enforcement of a foreign
judgment, even if capable of pecuniary estimation, falls
under the jurisdiction of the RTC provided that no other
court or office is vested with jurisdiction over the
complaint.
It is a problem area as actions that may appear to be
incapable of pecuniary estimation are really capable of
pecuniary estimation.
The rule is if the action is incapable of pecuniary
estimation, it is within the jurisdiction of the RTC. If
otherwise, the jurisdictional thresholds of the MTC or the
RTC shall be applicable.
Tests
In determining which court has jurisdiction, the
applicable test is the Nature of the Action Test, which
involves a determination as to whether or not the action
is capable of pecuniary estimation based on the
classification of the action.
The Nature of the Action test must yield to the Primary or
Ultimate Objective Test where notwithstanding the fact
that the action appears to be incapable of pecuniary
estimation, if the primary objective is to recover real or
personal property, jurisdiction will be determined by the
assessed value of the property.
To illustrate
In Gochan, the action was for specific performance with a
prayer for the issuance of a deed of sale over a parcel of
land. The action was held to be a real action as the object
is the recovery of the land itself.
In Ferrer, an action to quiet title in which both parties
were claiming ownership of the subject parcel of land was
also considered to be a real action.
In case the complaint joins or pleads alternative causes of
action-
In Ungria, a complaint alleging two causes of action, one
for ownership, possession and damages praying that the
plaintiff be declared as the absolute and lawful owner
with an assessed value of PHP 12,780.00 and for the
defendants to restore the plaintiff in possession, and the
other, in the alternative, to declare two documents as
patent nullities and/or recovery of the conjugal share of
the land with damages, the court in determining the
jurisdictional issue ignored the first cause of action and
considered the second cause of action as incapable of
pecuniary estimation, thereby upholding the jurisdiction
of the RTC. It further justified the ruling by considering it
7
as an instance of joinder of causes of action, which can be
Page
filed in the RTC.

Claims for damages
SC Administrative Circular 04-94 excludes demands for
interest, damages of whatever kind, attorney’s fees,
litigation expenses, and costs from the determination of
jurisdiction.
In Hilario, the exclusion of the term “damages of whatever
kind” in determining jurisdiction applies to cases where
the damages are merely incidental to or a consequence of
the main action. However, in cases where the claim for
damages is the main cause of action, or one of the causes
of action, the amount of such claim, shall be considered in
determining the jurisdiction of the court.
Allegations of assessed value
In Quinagoran, it is the assessed value of the property that
determines the court’s jurisdiction over the case, and
absent any allegation in the complaint of the assessed
value of the property, a court cannot readily determine
which of the two trial courts has original and exclusive
jurisdiction.
Consequently, in a complaint for recovery of possession
of real property, which did not allege the assessed value
thereof, the trial court commits a serious error in denying
a motion to dismiss on the ground of lack of jurisdiction.
All proceedings in said court are null and void.
When there are several parcels of land, their combined
assessed value determines the jurisdiction of the court as
held in Republic of Philippines v. Mangorota.
Docket fees
In Proton Pilipinas Corporation, it was held that filing and
docketing of the complaint are not separate but are
complementary. It is not simply the filing of the complaint
or appropriate initiatory pleading, but the payment of the
prescribed docket fee that vests a trial court with
jurisdiction over the subject matter or nature of the
action.
The jurisdictional problem arises, as filing is not
synonymous with docketing as the complaint may be filed
but not necessarily docketed if the appropriate fees are
not paid.
Purpose of docket fees
The purpose of docket fees is to take care of court
expenses in the handling of cases in terms of costs of
supplies, use of equipment, salaries and benefits.
Belated payment of docket fees
In Sun Insurance Office Ltd., the court said: where the filing
of the initiatory pleading is not accompanied by the
payment of the docket fee, the court may allow payment
of the fee within a reasonable time but in no case beyond
the applicable prescriptive or reglementary period.
The same rule applies to permissive counterclaims, third
party claims and similar pleadings, which shall not be
considered filed until and unless the prescribed filing fee
is paid.
Incorrect or insufficient payment of docket fees
In Manchester Development Corporation, the complaint
alleged the amount of over PHP 78,000,000,00 in
damages but was not specified in the prayer. The docket
fee paid was only PHP 410.00 as the action was
considered as one for specific performance and incapable
of pecuniary estimation. An amended complaint was later
filed alleging damages of PHP 10,000,000.00, without
again specifying the amount in the prayer. The court ruled
that the trial court did not acquire jurisdiction over the
action by the payment of PHP 410.00, and neither did the
amendment vest jurisdiction on the court. The order
admitting the amended complaint and all subsequent
proceedings and actions were held to be null and void.
Note the difference in First Sarmiento Property Holdings,
Inc., where even if the correct docket fees were not paid,
the case was not dismissed. Instead, the payment of
additional docket fees was held to be a lien on the
judgment because there was no evidence of bad faith or
intention to defraud the government.
In Ballatan, it was held that where the fees for the
prescribed real action have been paid but the fees for
certain related damages are not, the court, although
having jurisdiction over the real action, may not have
acquired jurisdiction over the accompanying claim for
damages.
The court may expunge those claims or allow on motion,
a reasonable time for amendment so as to allege the
precise amount of damages and accept payment of the
requisite legal fees.
If the unspecified claims are determined or arise after the
filing of the complaint, the additional fee shall constitute
a lien on the judgment.
Exempt from docket fees
Indigents litigants and the Republic of the Philippines are
not required to pay docket fees.
8
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ADDRESSING ABSENCE OF JURISDICTION READINGS
 Gonzales v. GJH Land, Inc., G.R. No. 202664,
November 15, 2015
 Tijam v. Sibonghanoy, 23 SCRA 29
 Calimlim v. Ramirez, 118 SCRA 399
 Dynamic Signmaker Outdoor Advertising
Services, Inc. vs. Potongan, 461 SCRA 328
 Section 12 (a), Rule 15
 Sections 2 and 3, Rule 47
DISCUSSION
ADDRESSING LACK OF JURISDICTION DISCUSSION
OUTLINE
Court without jurisdiction
Absent jurisdiction, the only thing a court can do as
provided by the rules is to dismiss the action.
In Gonzales, it was held that the “matter of whether the
RTC resolves an issue in the exercise of its general
jurisdiction or of its limited jurisdiction as a special court
is only a matter of procedure and has nothing to do with
the question of jurisdiction.”
If a court acts without jurisdiction
All its acts are null and void. Any decision it may render is
not a decision in contemplation of law and cannot be the
subject of execution.
When the absence of jurisdiction should be questioned-
As a general rule, the absence of jurisdiction may be
questioned at any stage of the proceedings, even on
appeal.
Notwithstanding, in Tijam, the court recognized that
laches can bar a question on jurisdiction, saying:
“Laches, in a general sense, is failure or
neglect, for an unreasonable and unexplained
length of time, to do that which, by exercising
due diligence, could or should have been done
earlier; it is negligence or omission to assert a
right within a reasonable time, warranting a
presumption that the party entitled to assert
it either has abandoned or declined to assert
it.”
The doctrine of laches or of stale demands is based
upon grounds of public policy which requires, for the
peace of society, the discouragement of stale claims and,
unlike the statute of limitations, is not a mere question of
time but is a primarily a question of inequity or unfairness
of permitting a right or claim to be enforced or asserted.
A party cannot invoke the jurisdiction of the court to
secure affirmative relief against his opponent and, after
failure to obtain such relief, repudiate or question that
same jurisdiction. The question whether the court had
jurisdiction either of the subject matter or of the parties
was not important in such cases because the party is
barred from such contract not because the judgment or
order of the court is valid and conclusive as an
adjudication, but for such a reason that such a practice
cannot be tolerated-obviously for reasons of public
policy.”
In Calimlim, the ruling in Tijam was qualified to apply only
to exceptional circumstances and stated that there can be
“no estoppel where there was no laches.”
Subject matter jurisdiction vs. jurisdiction over the
defendant
The rule is jurisdiction over the subject matter of the
action is a matter of law and may not be conferred by
consent or agreement of the parties. On the other hand,
lack of jurisdiction over the defendant can be conferred
by waiver.
Addressing the absence of jurisdiction
The absence of jurisdiction can be addressed by the filing
of a motion to dismiss at the earliest opportunity.
If the action is not dismissed, a motion for reconsideration
can be filed. If the court maintains the action, a petition for
certiorari under Rule 65 may be availed of.
If a judgment has been rendered, an appeal assigning the
absence of jurisdiction as an error is the remedy.
If the judgment has become final, the ruling in Dynamic
Signmaker is instructive. It was held:
“the validity of a judgment or order of a court
or quasi-judicial tribunal which has become
final and executory may be attacked when
the records show that it lacked jurisdiction to
render the judgment-a void judgment may
be assailed or impugned at any time either
directly or collaterally by means of a petition
filed in the same or separate case, or by
resisting such judgment in any action or
proceeding wherein it is invoked. In fact,
even the testimony in a case where the
proceedings had been nullified for lack of
jurisdiction is inadmissible as evidence.”
The remedy in this instance would be a petition for
annulment of judgment under Rule 47 on the ground of
lack of jurisdiction before it is barred by laches or
estoppel.
9
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 RULE 1-GENERAL PROVISIONS DISCUSSION OUTLINE
Applicability
The Rules of Court shall apply in all courts, except as
otherwise provided by the Supreme Court in civil,
criminal and special proceedings.
Civil actions
A civil action is one by which a party sues another for the
enforcement or protection of a right or the prevention or
redress of a wrong.
Kinds of civil actions-
Civil actions may be:
(1) Ordinary or Special, while both are governed
by the rules for ordinary civil actions, there
are specific rules prescribed for a special
civil action.
(2) In Personam, which is an action brought
against a person based on personal liability
to the person bringing the action. The
purpose of the action is to impose through
the judgment of a court, some responsibility
or liability directly upon the person of the
defendant.
No one other than the defendant is held
liable, not the whole world.
(3) In Rem, is an action that is directed against
the thing itself rather than the person, it is
directed against the thing, property or status
of a person and seeks judgments with
respect thereto against the whole world.
(4) Quasi in Rem, is an action that names a
person as a defendant but its object is to
subject the person’s interest in property to a
corresponding lien or obligation. It deals
with the status, ownership or liability of a
particular property but which are intended
to operate on these questions only as
between the particular parties to the
proceedings and do not cut off the rights and
interests of all possible claimants.
Real or personal actions
Real Actions refer to those that affect title to, or
possession of real property or any interest therein. All
others are personal actions.
In a real action, it is founded upon the privity of real
estate. That means that realty or any interest therein is
the subject matter of the action. What is essential is that
as far as the real property is concerned, the issues are title
to, ownership, possession, partition, and foreclosure of
mortgage or condemnation. Hence, an action for damages
suffered by real property is a personal action, as it does
not involve any of the listed issues.
In a personal action, the plaintiff seeks recovery of
personal property, the enforcement of a contract or
recovery of damages. A real action is an action affecting
title to real property or for recovery of possession, or for
partition or condemnation of, or foreclosure of mortgage
on real property.
The distinction between a real action and a personal
action is material in the determination of venue.
Distinguishing civil actions from other kinds of
actions
A criminal action is one by which the state prosecutes a
person for an act or omission punishable by law.
A special proceeding is a remedy by which a party seeks
to establish a status, right or a particular fact.
The rules do not apply to
To election cases, land registration, cadastral,
naturalization and insolvency, and other cases not herein
provided, except by analogy or in suppletory character
and whenever practicable and convenient.
Retroactive application-
The rules have retroactive application in the sense that
they shall be held to apply to actions pending or
undetermined at the time of their effectivity.
The exceptions to retroactive application are:
(a) the statute itself or by implication provides that
pending actions are excepted
(b) it will impair vested rights
(c) to the mind of the court, it will work injustice
(d) it would involve intricate problems of due process or
impair the court’s independence
Commencement of an action
An action is commenced upon the filing of the original
complaint in court. Filing refers to the act of presenting
the complaint to the clerk of court and the payment of the
requisite docket and filing fees.
In Magaspi v. Ramolete (115 SCRA 193) filing is deemed
done only upon payment regardless of the actual date of
the filing.
Section 5 further provides that if an additional defendant
is impleaded in a later pleading, it is commenced as far as
the additional defendant on the date of the filing of the
later pleading, irrespective of whether the motion for its
admission, if necessary is denied by the court.
10
The commencement of the action interrupts the period of
prescription as to the parties to the action.
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How the rules should be construed

Section 6 states that the rules shall be construed liberally

in order to promote their objective of securing a just
speedy and inexpensive disposition of every action or
proceeding.

Liberal construction is the controlling principle to effect

substantial justice. Litigation should as much as possible,
be decided on their merits, and not on technicalities.

In De La Cruz v. Court of Appeals (G.R. No. 139442,

December 6, 2006) it was held that the rules must not be
applied to rigidly so as not to override substantial justice.

In Canton v City of Cebu, (G.R. No. 152898, February 12,

2007) it was also held that the rules of procedure must be
used to facilitate not to frustrate the ends of justice.

Notwithstanding, it does not mean, however, that

procedural rules are to be ignored or disdained at will to
suit the convenience of a party.

Further, periods for filing are as a matter of practice,

strictly construed. Further, the provisions as to manner
and periods for perfecting appeals are strictly applied and
are only relaxed in very exceptional circumstances on
equitable considerations.

Neither can liberality of the rules be invoked if it will

result in the wanton disregard of the rules or cause
needless delay in the administration of justice.

Concomitant to a liberal application of the rules of

procedure should be an effort on the part of the party
invoking liberality to adequately explain his failure to
abide by the rules.

11
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 RULE 2- CAUSE OF ACTION DISCUSSION OUTLINE
Cause of action defined
Section 2 defines a cause of action is the act or omission
by which a party violates a right of another.
A cause of action is essential as it serves as the basis of all
ordinary civil actions.
The requisites of a cause of action
The requisites for a cause of action are:
a) a right in favor of the plaintiff by whatever means
and under whatever law it arises or is created
b) an obligation on the part of the defendant to
respect and not to violate such right
c) an act or omission on the part of the defendant
constituting a violation of the plaintiff’s right.
Distinguishing it from an action and a right of action
An action is the suit filed in court for the enforcement or
protection of a right, or the prevention or redress of a
wrong, while a cause of action is the basis for the filing of
the action.
The right of action is the right to commence and maintain
an action, it is a remedial right that depends on
substantive law, while a cause of action is a formal
statement of the operative facts that give rise to such
remedial right, which is a matter of statement and is
governed by procedural law. The right of action, which is
procedural in character, is the consequence of the
violation of the right of the plaintiff.
The rule is: there is no right of action where there is no
cause of action. A cause of action involves a right in favor
of the plaintiff and a violation of this right by the
defendant. If these do not exist, there is no right to file an
action.
How many suits can be filed for a cause of action
Section 3 states that a party may not institute more than
one suit for a single cause of action.
If a party institutes more than one suit, Section 4 states
that the filing of one or a judgment upon the merits in
anyone is available as a ground for the dismissal of the
others.
This practice is known as splitting a cause of action.
Splitting of a cause of action is discouraged and
sanctioned because it breeds multiplicity of actions, clogs
the dockets of the courts and operates to cause
unnecessary expense to the parties.
In Clark Development Corporation v Mondragon Leisure
Resorts (517 SCRA 203) it was held that in determining
whether two suits have been brought for a single cause of
action, the Same Objective Test may be applied. This test
holds that if a party has only one objective in filing two
cases, there exists identity of causes of action and reliefs
based on the same objective standard.
The remedy of the defendant is to file a motion to dismiss.
If the action is pending when the second action is filed, the
dismissal is based on litis pendentia or if a final judgment
has been rendered in the first action when the second is
filed, the dismissal is based on res judicata.
Note though that the rule does not confine itself to a
dismissal of the second action. As to which action is to be
dismissed would depend on judicial discretion and
attendant circumstances.
The rule on splitting a cause of action applies not only to
complaints but also to counter-claims and cross-claims.
Determining singleness of a cause of action
The singleness of a cause of action is determined as
follows:
In an action Ex Delicto or one arising from the fault or
negligence of a defendant, the singleness of a cause of
action lies in the singleness of the delict or wrong
violating the right of a person. If however, one injury
results from several wrongful acts, only one cause of
action arises.
In an action Ex Contractu or one arising out of or is
founded on a contract, the rules are:
(a) In a single or indivisible contract, only one
cause of action arises from a single or several
breaches.
(b) If the contract provides for several
obligations, each obligation not performed
gives rise to a single cause of action. But if
upon filing of the complaint several
obligations have already matured, all of them
shall be integrated into a single cause of
action.
(c) If the contract is divisible in its performance,
and the future performance is not yet due,
but the obligor has already manifested his
refusal to comply, the contract is entire and
the breach is total. This is known as the
Doctrine of Anticipatory Breach.
If a party has several causes of action
Section 5 allows a party to join his causes of action. He
may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may have
against the opposing party. It is the assertion of as many
12
causes of action as a party may have against another in
one pleading alone.
Page
It has also been defined as the process of uniting two or
more demands or rights of action in one action.
Conditions to be observed when joining causes of
action
1. The party joining causes of action shall
comply with the rule on joinder of parties as
found in Section 6, Rule 3, which provides
that: All persons in whom or against whom
any right to relief is respect to or arising out
of the same transaction is alleged to exist,
whether jointly, severally or in the
alternative, may except as otherwise
provided in these rules, join as plaintiffs or
be joined as defendants in one complaint,
where any question of law or fact common to
all such plaintiffs or to all such defendants
may arise in the action.
Note that the common question of law or fact
is relevant only when there are multiple
plaintiffs or defendants.
2. Joinder does not allow the inclusion of
special civil actions or actions governed by
special rules.
3. Where causes of action are between same
parties but pertain to different venues or
jurisdictions, joinder may be allowed in the
RTC provided one of the causes of action falls
within its jurisdiction and venue lies therein.
4. When the claims in all causes of action are
principally for recovery of money, the
aggregate amount shall be the test of
jurisdiction.
Effect of misjoinder
Section 6 provides that upon motion of a party or on the
initiative of the court, a misjoined cause of action may be
severed and proceeded with separately.
Ada, et al., v. Baylon, (G.R. No. 182435, August 13, 2012) is
instructive as to a misjoinder. It was held that: when a
cause of action for partition and a cause of action for
rescission are joined in a single complaint and the
misjoined cause of action is not severed, the court may
render judgment on all the causes of action. This is
possible if there is no objection to the improper joinder or
the court did not motu propio direct a severance and that
the court must have jurisdiction over all causes of action.
If otherwise, any adjudication over the cause of action
over which it did not have jurisdiction would be a nullity.
RULE 3 - PARTIES TO CIVIL ACTIONS DISCUSSION
OUTLINE 1
Who may be parties to a civil action
Section 1 states that only natural or juridical persons or
entities authorized by law may be parties in a civil action.
They will be referred to as either:
Plaintiff – he is one who has interest in the subject of the
action and obtaining the relied demanded. He may be the
claimant in the original complaint, the counter-claimant
in the counter claim, or cross-claimant in a cross-claim or
the third party plaintiff.
Defendant – he is one who has an interest in the
controversy adverse to the plaintiff. He may be the
original defending party, the defendant in a counter-
claim, or cross-defendant in a cross-claim.
Entities authorized by law are
(a) recognized labor organizations
(b) in Nazareno v. Court of Appeals (343 SCRA 637),
the estate of a deceased person
(c) In Versoza v. Fernandez (49 Phil 627), the Roman
Catholic Church
Section 15 also states that entities without legal
personality referring to 2 or more persons not organized
as an entity with juridical personality enter into a
transaction, they may be sued under the name by which
they are generally or commonly known but in their
answer to the complaint, their names and addresses must
be revealed.
When one cannot be a party
Where the plaintiff is not a natural or juridical person, or
an entity authorized by law, answer may plead that the
plaintiff has no legal capacity to sue as an affirmative
defense.
Where it is the defendant is the one who cannot be a party,
the answer may plead that the complaint fails to state a
cause of action as an affirmative defense because there
cannot be a cause of action against one who cannot be a
party to a civil action.
Real parties in interest
Section 2 requires that all actions must be prosecuted or
defended in the name of the real party in interest.
A real party in interest is the party who stands to be
benefited or injured by the judgment or party entitled to
the avails of the suit.
A real party in interest-plaintiff is one who has a legal
right, while a real party in interest-defendant is one who
13
has a correlative obligation, whose act or omission
violates the legal rights of the former. Hence, the
Page
determination of who is a real party in interest goes back
to the elements of a cause of action. Evidently, the owner
of the right violated stands to be the real party in interest
as plaintiff and the person responsible for the violation is
the real party in interest defendant.
In Stronghold Insurance Company, Inc. v. Cuenca (692
SCRA 473), the reasons why an action must be prosecuted
or defended in the name of a real party in interest are:
(a) to prevent the prosecution of actions be person
without any right, title or interest in the case;
(b) to require the actual party entitled to relief to
prosecute his action;
(c) to avoid multiplicity of suits; and
(d) to discourage litigation and keep it within certain
bounds, pursuant to a sound public policy.
If the action is not brought by or against a real party
in interest
When a suit is not brought in the name of the real party in
interest, it may be dismissed on the ground that the
complaint states no cause of action. It states no cause of
action because it is not being prosecuted in the name of
the real party in interest. The same holds true if the
defendant is not a real party in interest.
Do not confuse with a lack of legal capacity to sue, which
means that the plaintiff is not in exercise of his civil rights,
does not have the necessary qualification to appear or
does not have the character or representation he claims.
Locus standi
Locus standi is defined as a right of appearance in a court
of justice on a given question.
In Baltazar v. Ombudsman (G.R. No. 136433, December 6,
2006) it was held:
“In private suits, standing is governed by the “real-
parties-in interest” rule found in Section 2, Rule 3
of the Rules of Court which provides that every
action must be prosecuted or defended in the
name of the real party-in-interest. In other cases,
locus standi is a party’s personal and substantial
interest in a case such that he has sustained or will
sustain a direct injury as a result of the
governmental act being challenged. It calls for
more than generalized grievance. The term
“interest” means a material interest, an interest in
issue affected by the decree, as distinguished from
a mere interest in the question involved or a mere
incidental interest. Unless a person’s
constitutional rights are adversely affected by the
statute or ordinance, he has no legal standing.”
Persons who can sue in behalf of a real party in
interest
The following may sue in behalf of a real party in interest
Section 3 allows actions are allowed to be prosecuted or
defended by a representative or by one acting in a
fiduciary capacity but the beneficiary shall be included in
the title and shall be deemed to be the real party in
interest.
Section 4 requires husband and wife to sue or be sued
jointly, except as provided by law. However, the non-
joinder of party’s husband is not fatal and is a mere formal
defect.
Section 5 states that minors or incompetents may sue or
be sued with the assistance of father, mother, guardian or,
if he has none, a guardian ad litem.
Classifying a real party in interest
Sections 7 and 8, classify a real party in interest as:
1. An indispensable party who is a party without
whom no final determination can be had of an
action.
They are those with such an interest in the
controversy that a final decree would necessarily
affect their rights, so that the courts cannot
proceed without their presence.
In PNB v. Militar (467 SCRA 377), the essential
tests of an indispensable party are:
(a) May relief be afforded the plaintiff without
the presence of the other party?
(b) May the case be decided on the merits
without impairing the substantial rights of the
other party?
Note the ruling in Navarro v. Escobido (G.R. No.
153788, November 27, 2009), that in an action to
recover co-owned properties, Article 487 of the
Civil Code provides that any one of the co-owners
may bring an action in ejectment. Consequently,
in such an action only the one who brought the
action is an indispensable party, the other are not
indispensable neither are they necessary parties,
as complete relief can be granted, since the suit is
presumed to have been filed for the benefit of all
co-owners.
2. A necessary party who is a party who is not
indispensable but who ought to be joined as a
party if complete relief is to be accorded as to
those already parties or for a complete
determination or settlement of the claim subject
of the action.
A necessary party’s presence is necessary to
adjudicate the whole controversy but whose
interests are so far separable that a final decree
can be made in their absence without affecting
them.
14
In Samaniego v. Aguila (334 SCRA 438), a pro-
forma Party or nominal party is one who is
Page
joined as a plaintiff or defendant not because
 such party has any real interest in the subject
matter or because relief is demanded, but merely
because the technical rules of pleadings require
the presence of such party on the record.
Effects of failure to join an indispensable party or a
necessary party
1. If there is a failure to join an indispensable party,
the court must order the plaintiff to amend his
complaint for the purpose of impleading the
indispensable party.
It becomes compulsory when the parties to be joined are
indispensable parties.
The exception to compulsory joinder of parties is when
the subject of the action is proper for a class suit. The
subject matter of the controversy is proper for a class suit
when it is one of common or general interest to many
persons so numerous that it is impractical to join all as
parties. All the parties who are interested in the action as
plaintiffs or defendants are all indispensable parties but
not all need to be joined.

If the plaintiff fails, refuses or the party cannot be
sued because he is a non-resident defendant in a
personal action, the complaint must be
dismissed.
2. If there is a failure to join a necessary party, the
pleader in the pleading in which a claim is
asserted without joining a necessary party shall
(a) set forth the name of the necessary party, if
known and (b) state the reason for omission.
If the court finds the reason for the omission is
not meritorious, it may order the obtained.
If pleader fails to comply with order for inclusion
without justifiable cause, it shall be deemed a
waiver of the claim against the party, but the non-
inclusion does not prevent the court from
proceeding with the action, and the judgment
therein shall be without prejudice to rights of
such necessary party.
Misjoinder of parties-
The three requisites of a class suit are:
1. The subject matter of the controversy is one
of common or general interest to many
persons. There must be an indivisible right
affecting many individuals whose particular
interest is of indeterminable extent and is
incapable of separation. This requires that
the benefit to one is a benefit to all.
2. The parties affected are so numerous that it
is impracticable to join all as parties
3. The parties bringing or defending the class
suit are found by the court to be sufficiently
numerous and representative as to fully
protect the interest of all.
It can be brought by the plaintiffs as a class or may be filed
against the defendants as a class
Any party in interest shall have the right to intervene to
protect his individual interest.

Misjoinder of parties is not a ground for dismissal. Parties
may be dropped or added by order of the court on motion
of any party or on its own initiative at any stage of the
action and on such terms that are just. Under Section 12,
any claim against a misjoined party may be severed and
proceeded against separately.
Section 2, Rule 17 provides that the party bringing the suit
in his own name and that of others similarly situated has
the right to control the suit, but, it shall not be dismissed
or compromised without the approval of the court.

Joinder of parties

Joinder of Parties refers to the act of uniting several

parties in a single suit either as plaintiffs or defendants.

The rule on joinder of parties as found in Section 6 states

that: All persons in whom or against whom any right to
relief in respect to or arising out of the same transaction
is alleged to exist, whether jointly, severally or in the
alternative, may except as otherwise provided in these
rules, join as plaintiffs or be joined as defendants in one
complaint, where any question of law or fact common to
all such plaintiffs or to all such defendants may arise in
the action.

Joinder of parties, as a rule, is permissive when there is a

question of law or fact common to all the plaintiffs or
15

defendants. This means that the right to relief or to resist

the action arises out of the same transaction or event or
Page

series of transactions or events.

 RULE 3 PARTIES TO CIVIL ACTIONS DISCUSSION
OUTLINE 2
If a party to be joined as a plaintiff does not consent
or cannot be obtained
Section 10 provides that the non-consenting party may be
made a defendant and the reason therefor shall be stated
in the complaint. He will be known as the unwilling co-
plaintiff.
Who will plaintiff sue if he is uncertain
Section 13 provides that if the plaintiff is uncertain
against who of several persons he is entitled to relief, he
may join any or all of them as defendants in the
alternative, although a right to relief against one may be
inconsistent with a right of relief against the other.
If the identity or name of the defendant is unknown-
Section 14 provides that he may be sued as the unknown
owner, heir, devisee or by such other designation as the
case may require, when the identity or name is
discovered, the pleading must be amended accordingly.
Effect of death of a party-
Section 16 provides that when a party dies and his claim
is not extinguished, it shall be the duty of counsel of the
deceased party to inform the court within 30 days after
such death of the:
(a) fact of death
(b) name and address of the legal representative of
the deceased party.
If counsel fails to comply, he may be subject to
disciplinary action.
Once notice is given, the court shall order the legal
representative to appear and be substituted within 30
days from notice.
In Torres v. Court of Appeals (278 SCRA 79) it was held that
the purpose of substitution is the protection of the right
of every party to due process.
In Brioso v. Mariano (369 SCRA 549), the non-compliance
renders the proceedings infirmed because the court
acquires no jurisdiction over the person of the legal
representative of the deceased.
If no substitution occurs despite knowledge or notice of
the death of a party the proceedings undertaken shall be
considered null and void as it amounts to a lack of
jurisdiction as the need for substitution is based on the
right of a party to due process.
There is no requirement for summons as it is the order of
substitution and its service that effects the substitution of
the deceased by his representative.
The effect of death is to terminate the attorney-client
relationship. A deceased client has no personality and
cannot be represented by an attorney. Neither does he
become counsel for the heirs of the deceased unless the
heirs engage his services.
Death or separation of a public officer
Section 17 provides that if a public officer is sued in his
public capacity and he dies, resigns or otherwise ceases to
hold office. The action may be maintained and continued
by or against his successor, if within 30 days after
successor assumes the office or such time as granted by
the court – it is satisfactorily shown by a party that there
is a substantial need for continuing and maintaining it and
that the successor adopts or continues or threatens to
continue the action of his predecessor.
Before substitution and there is no express assent, the
public officer shall be given reasonable notice of the
application and be accorded an opportunity to be heard.
The requisites for a valid substitution of a public officer
who has sued or been sued in his official capacity are:
(a) satisfactory proof by any party that there is a
substantial need for continuing or maintaining
the action
(b) the successor adopts or continues or threatens to
adopt or continue the acts of his predecessor
(c) the substitution is effected within 30 days after
the successor assumes office or within the time
granted by the court, and
(d) notice of the application to the other party.
The failure to make the substitution is ground for the
dismissal of the action.
Effect of death of the defendant on a contractual
money claim
Section 20 provides that if the action is for the recovery of
money that arises from a contract, express or implied, and
the defendant dies before entry of a final judgment the
rule is – it will not be dismissed but shall be allowed to
continue until entry of judgment, a favorable judgment
obtained shall be enforced in the manner provided by the
rules for prosecuting claims against the estate of a
deceased person.
If the claim does not arise from a contract, like claims
for recovery, enforcement of a lien or torts, the rules
are:
(a) if he dies before the action is filed, it may be filed
against the executor or administrator
(b) if already filed, it continues to final judgment and
may be executed on as against the executor or
16
administrator.
Page
If it is the plaintiff who dies, the rules are:
 (a) if action is purely personal to him, the action is
abated
(b) if action is not purely personal, it continues but
counsel must give notice of death.
Effect on incompetency or incapacity on an action
Section 18 provides that the court, upon motion with
notice, may allow the action to be continued by or against
the incompetent or incapacitated person assisted by his
guardian or guardian ad litem.
Effect of a transfer of interest pending litigation
Section 19 provides that the action may be continued by
or against the original party, unless the court upon motion
directs the person to whom interest is transferred to be
substituted in the action or joined with the original party.
In State Investment House, Inc. v Court of Appeals (318
SCRA 47), it was held that a transferee pendente lite does
not have to be included or impleaded by name in order to
be bound by the judgment because the action or suit may
be continued for or against the original party or the
transferor and still binding on the transferee.
In Jocson v Court of Appeals (G.R. No. 88297, March 22,
1990), it was held that in a case on appeal where the
transferee pendente lite did not appeal, he nevertheless
was benefited by the appeal of the transferor pendent lite.
Indigent or pauper litigant
Section 21 defines an indigent or pauper litigant as one
who litigates on a claim that he has no money, or property
sufficient and available for food, shelter and basic
necessities for himself and his family.
Under A.M. No. 04-2-04, SC, an indigent litigant has
been defined as one
(a) whose gross income and that of their immediate
family does not exceed an amount double the
monthly minimum wage of an employee and
(b) who does not own real property with a fair
market value as stated in the current tax
declaration of more than PHP 300,000.00.
An indigent or pauper litigant must file an ex-parte
application for authority to litigate as an indigent that is
too be resolved by the court after hearing.
Attached to the motion is an affidavit attesting that he falls
within the required conditions, together with another
affidavit of a disinterested person attesting to the truth of
the contents of the applicant’s affidavit.
If there is any falsity in the affidavit or that of the
disinterested person, it shall constitute sufficient ground
to dismiss the action or strike out the pleading, without
prejudice to whatever criminal liability is incurred.
The effect of being allowed to litigate as an indigent or
pauper litigant are: (a) exemption from the payment of
docket fees and other lawful fees (b) exemption from TSN
fees which the Court may order to be furnished but, the
amounts due shall be a lien on a favorable judgment
unless the Court orders otherwise.
The allowance to litigate as an indigent or pauper litigant
can be contested at any time before judgment is rendered
by any adverse party. If found to be meritorious, the
proper fees are assessed and are to be collected. If it is not
paid, execution shall issue on the payment thereof
without prejudice to other sanctions.
On appeal, a motion to litigate as an indigent or pauper
litigant is allowed.
When solicitor general is required to appear
Section 22 requires that in any action involving the
validity of any treaty, law, ordinance, executive order,
presidential decree, rule or regulation, the court, in its
discretion, may require the appearance of the Solicitor
General, who may be heard in person or through a
representative duly designated by him.
RULE 4 – VENUE OF ACTIONS DISCUSSION OUTLINE
Venue defined and distinguished
Venue is the place where the action is to be commenced
and tried. It has also been defined as the proper location
for the trial of a case.
Distinguishing it from jurisdiction:
(a) venue is the place where action is commenced
and tried, jurisdiction is the authority of a court
to hear and decide the action
(b) venue may be waived, jurisdiction over the
subject matter cannot be waived, but that over
the person can be waived
(c) venue may be the subject of a written agreement,
jurisdiction cannot be subject of a written
agreement
(d) a court cannot motu-propio dismiss on
improper venue, while if it has no jurisdiction, a
court can motu-propio dismiss the action.
Rules on venue
Section 1 provides that if it is a real action or one that
affects title to or possession of real property, or an
interest therein, it shall be commenced and tried in the
proper court, which has jurisdiction over the area
wherein the real property involved, or a portion thereof
is situated. Forcible Entry and Detainer actions are to be
commenced and tried in the Municipal Trial Court, which
has jurisdiction over the area wherein the real property
17
involved, or any portion thereof, is situated.
Page
 parties, and thus, the complaint may be properly
dismissed on the ground of improper venue. Conversely,
Section 2 provides that if it is a personal action or one
therefore, a complaint directly assailing the validity of
that is brought for the recovery of personal property, for
the written instrument itself should not be bound by the
the enforcement of a contract or recovery of damages for
exclusive venue stipulation contained therein and should
its breach of for the recovery of damages due to injury to
be filed in accordance with the general rules on venue.
person or property or such all other actions shall be
To be sure, it would be inherently consistent for a
commenced or tried where the plaintiff or any of the
complaint of this nature to recognize the exclusive venue
principal plaintiffs reside or any of the defendants
stipulation when it, in fact, precisely assails the validity
reside, or if a non-resident defendant, where he may be
of the instrument in which such stipulation is contained.
found at the election of the plaintiff.

In the case of Philippine Bank of Communications v Lim

Reside means the place of abode, whether permanent or
(455 SCRA 714), venue as stipulated in the promissory
temporary, as distinguished from domicile or the fixed
note shall govern notwithstanding the absence of a
permanent residence, where if one is absent he intends to
stipulation as to venue in an accompanying surety
return.
agreement as the latter can only be enforced in
conjunction with the former.
Section 3 provides that if the defendant is a non-resident
How venue is questioned
or one who does not reside and is not found in the
Philippines and the action affects the personal status of
Venue may be questioned in an answer by way of an
the plaintiff, or any property of said defendant located in
affirmative defense. If it is not questioned, it is deemed
the Philippines, the action may be commenced and tried
waived.
in the court of the place where the plaintiff resides, or
where the property or any portion thereof is situated or
found.

When the rules on venue are not applicable

Section 4 provides that they do not apply:

1. In cases where a specific rule or law provides
otherwise.

2. Where the parties have validly agreed in

writing before the filing of the action as to
exclusive venue.

Any agreement as to venue must be in writing and for

exclusivity, the intent must be clear, otherwise, it will be
interpreted to allow for an additional venue.

In the case of Sweet Lines v Teves (83 SCRA 361), the court
said the freedom of the parties to stipulate on the venue is
however subject to the usual rules on contract
interpretation. Where the provision appears to be one-
sided as to amount to a contract of adhesion, the consent
of the parties thereto may well be vitiated and the venue
stipulation will not be given effect.

The rule on venue is party oriented. It looks to the

convenience of the parties. Thus the rule on venue as to
real actions presumes that the place where the subject
real property is located is convenient to the parties.
Hence, the rule as to venue can yield to an agreement as
to exclusive venue. Section 4, Rule 4 applies to both real
and personal actions as long as the requisites are met.

In the case of Briones v. CA and Cash Asia Credit

Corporation (G.R. No. 204444, January 14, 2015), the
court said that in cases where the complaint assails only
18

the terms, conditions, and/or coverage of a written

instrument and not its validity, the exclusive venue
Page

stipulation contained therein shall still be binding on the

RULE 6- KINDS OF PLEADINGS DISCUSSION OUTLINE
Pleading defined-
Section 1 defines a pleading as a written statement of the
respective claims and defenses of the parties submitted to
the court for appropriate judgment.
Pleadings are necessary to secure the jurisdiction of the
court so that the subject matter can be presented for its
consideration in the manner sanctioned by the rules of
procedure.
Allowable pleadings-
Section 2 provides that the allowable pleadings are: (a)
Claims of a party are asserted in the complaint,
counterclaim, cross-claim, 3rd party complaint (4th…), or
complaint in intervention (b) Defenses of a party are
alleged in the answer to the pleading asserting a claim
against him (c) Reply to the answer only if the defending
party attaches an actionable document to the answer.
Under the Rules on Summary Procedure, the only
pleadings allowed are the complaint, compulsory
counterclaim, cross claim pleaded in the answer, and the
answers thereto.
Construction of pleadings-
In Concrete Aggregates Corporation v. Court of Appeals
(266 SCRA 88), it was held that all pleadings are to be
liberally construed so as to do substantial justice.
In case there are ambiguities in pleadings, the same must
be construed most strongly against the pleader and that
no presumptions in his favor are to be indulged in. This
rule proceeds from the theory that it is the pleader who
selects the language used and if his pleading is open to
different constructions, such ambiguities are at his peril.
Specific kinds of pleadings-
Section 3 defines a complaint as a pleading alleging the
plaintiff’s cause of action or claiming party’s cause or
causes of action.
It is required that the names and residences of the
plaintiffs and defendants must be stated in the complaint
Section 4 defines an answer as a pleading in which a
defending party sets forth his or her defenses.
Based on Section 5, the kinds of defenses are:
1. Negative Defense, which is a specific denial of a
material fact or facts alleged in the pleading of a claimant
essential to his or her cause/s of action.
Section 10, Rule 8 provides that a specific denial is made
by: (a) Specifically denying the material averment in the
pleading of the adverse party and setting forth the
substance of the matter upon which he or she relies for
such denial (b) Deny only a part of the averment by
specifying that so much of it is true and deny the
remainder (b) Allegation of lack of knowledge or
information sufficient to form a belief as to the truth of the
material averment in the pleading of the adverse party.
In Aquintey v. Tibong (G.R. No. 166704, December 20,
2006) it was held that the purpose of requiring the
defendant to make a specific denial is to make him
disclose the matters alleged in the complaint, which he
succinctly intends to disprove at the trial, together with
the matter, which he relied upon to support the denial.
Further, Section 11, Rule 8 states that material averments
in a pleading asserting a claim or claims, other than those
as to the amount of unliquidated damages, shall be
deemed admitted if not specifically denied.
2. Affirmative Defense which is an allegation of
new matter, which although hypothetically admitting the
material allegations in the pleading would nevertheless
bar or prevent recovery by him or her. They include fraud,
statute of limitations, release, payment, illegality, statute
of frauds, estoppel, former recovery, discharge in
bankruptcy, or any other matter by way of confession and
avoidance.
The other grounds for a motion to dismiss are clearly
indicated as affirmative defenses in Section 12, Rule 8.
They are: (a) that the court has no jurisdiction over the
person of the defending party, (b) that venue is
improperly laid, (c) plaintiff has no legal capacity to sue,
(d) the pleading asserting the claim states no cause of
action, and (e) that a condition precedent for filing the
claim has not been complied with. If these affirmative
defenses are not raised at the earliest opportunity shall
constitute a waiver.
Affirmative defenses may include grounds for the
dismissal of a complaint, specifically, that the court has no
jurisdiction over the subject matter, that there is another
action pending between the same parties for the same
cause, or that the action is barred by a prior judgment.
Note that the rule that a defending party who sets up an
affirmative defense hypothetically admits the allegations
does not apply if the defense set up is any of the grounds
for extinguishment of the obligation. The effect is that the
defending party is deemed to have admitted the validity
of the obligation, and if the motion to dismiss is denied,
what is left to be proven is the fact of payment or non-
payment.
The rule that any of the grounds for a motion to dismiss
may be pleaded as an affirmative defense and that one
may then move for a preliminary hearing as if a timely
motion to dismiss has been filed is now disallowed as a
motion to hear affirmative defenses is now a prohibited
motion as provided by Section 12 (b) Rule 15.
Section 12 (c) (d) and (e), Rule 8 provides that the court
19
will be mandated to motu propio resolve the affirmative
defenses within 30 calendar days from the filing of the
Page
answer. As to affirmative defenses that are also grounds
for a motion to dismiss, the court may conduct a summary
hearing within 15 calendar days from the filing of the
answer, and shall resolve them within 30 calendar days
from termination of the summary hearing. When the
affirmative defenses are denied, they shall not be the
subject of a motion for reconsideration or a petition for
certiorari, prohibition or mandamus, but may be among
the matters raised on appeal after a judgment on the
merits.
Counterclaims-
Section 6 defines a counterclaim as any claim, which a
defending party may have against an opposing party.
Counterclaims may be compulsory or permissive. They
are distinguished as follows: (a) In a compulsory
counterclaim, it arises out of or is connected with the
transaction or occurrence constituting the subject matter
of the opposing party’s claim, while in a permissive
counterclaim, it does not arise out of or is connected with
the transaction or occurrence constituting the subject
matter of the opposing party’s claim (b) a compulsory
counterclaim is barred if not set up in the answer, while a
permissive counterclaim is not barred even if not set up
(c) the plaintiff is not required to answer a compulsory
counterclaim and he cannot be in default, while a
permissive counterclaim must be answered after
payment of docket fees, otherwise a party may be held in
default (d) a compulsory counterclaim is not an initiatory
pleading so as to required a certification as to non-forum
shopping, while a permissive counterclaim is an initiatory
pleading.
The requisites of a compulsory counterclaim are:(a) It
arises out of or is necessarily connected w/the
transaction or occurrence that in the subject matter of the
party’s claim (b) It does not require for adjudication the
presence of 3rd parties over whom the court cannot
acquire transaction (c) It must be cognizable by the
regular courts of justice (d) It must be within the
jurisdiction of the court both as to amount and the nature
thereof, except that in an original action before the RTC,
counterclaim is considered compulsory regardless of
amount .
In Reyes De Leon v. Del Rosario, 435 SCRA 232, the
following tests were utilized to determine whether a
counterclaim is compulsory or not: (a) Are the issues of
fact or law raised by the claim and counterclaim largely
the same? (b) Would res judicata bar a subsequent suit on
defendant’s claim absent a compulsory counterclaim? (c)
Will substantially the same evidence support or refute
plaintiff’s claim as well as defendant’s counterclaim? (d)
Is there any logical relation between the claim and
counterclaim?
If the answers are all in the affirmative it is a compulsory
counterclaim.
Cross-claim-
Section 8 defines a cross claim as a claim by one party
against a co-party arising out of a transaction or
occurrence that is the subject matter either of the original
action or the counter-claim. Such cross-claim may cover
all or part of the original claim.
Claims against original counter-claimants and cross-
claimants-
Section 9 allows counterclaims to be asserted against an
original counter-claimant and that cross-claims may also
be filed against an original cross-claimant.
Reply-
A reply is a pleading, the office or function of which is to
deny or allege facts in denial or avoidance of new matters
alleged by way of defense in the answer and thereby join
or make an issue as to such matters.
The amendment to the rules as stated in Section 10 allow
the filing of a reply only if the defending party attaches an
actionable document to the answer. All new matters are
deemed controverted. If plaintiff wishes to interpose any
claims arising out of the new matters so alleged, such
claims shall be set forth in an amended or supplemental
complaint.
If an actionable document is attached to the reply, the
defendant may file a rejoinder if the same is based solely
on an actionable document.
3rd party complaints-
Section 11 defines a 3rd party complaint as a claim that a
defending party may, with leave of court, file against a
person, not a party, called 3rd party defendant for
contribution, indemnity, subrogation or any other relief in
respect of his opponent’s claim.
The third (fourth, etc.)-party complaint shall be denied
admission, and the court shall require the defendant to
institute a separate action, where: (a) the third (fourth,
etc.)-party defendant cannot be located within thirty (30)
calendar days from the grant of such leave; (b) matters
extraneous to the issue in the principal case are raised; or
(c) the effect would be to introduce a new and separate
controversy into the action.
Section 13 provides that an answer to a 3 rd party
complaint may include (a) defenses, counterclaims or
cross-claims, including such defenses that the 3rd party
plaintiff may have against the original plaintiff’s claim,
and (b) In proper cases, he may assert a counter-claim
against the original plaintiff in respect to his claim against
the 3rd party plaintiff.
When new parties can be brought -
Section 12 provides that if the presence of others besides
the parties is required for the granting of full relief in the
determination of a counter-claim or cross- claim the court
shall order them to be brought in as defendants, if
20
jurisdiction over them can be obtained.
Page
 RULE 7 – PARTS OF A PLEADING DISCUSSION Section 3 requires every pleading to be signed by the
OUTLINE party or counsel representing him or her.

This phrase appears to have been omitted “stating in

Parts of a pleading - either case his address which should not be a post office
box” but should still be held to be applicable. An address
is required for service of pleadings or judgments
The parts of a pleading are
1. Caption,
Only the signature of either party operates to validly
2. Body,
convert a pleading from one that is unsigned to one that
3. Signature,
is signed. If the pleading is unsigned it produces no legal
4. Address,
effect. However, the court in its discretion can allow the
5. Verification and Certification against Forum
deficiency to be remedied if it shall appear that it was due
Shopping.
to inadvertence and not intended for delay.
Caption-
Counsel’s signature constitutes a certificate by him
that:
Section 1 provides that the Caption sets forth the (a)
a) He has read the pleading
Name of the court (b) Title of the action, this includes an
b) To the best of his information, knowledge and
indication of the name of the parties, who are required to
belief, formed after an inquiry reasonable under
be named in the original complaint/petition. Their
the circumstances that
respective participation in the case shall be indicated. In
(1) it is not being presented for any improper
subsequent pleadings, the name of the first party on each
purpose, such as to harass, cause unnecessary
side is sufficient with an appropriate indication when
delay, or needlessly increase the cost of litigation;
there are other parties. (c) Docket Number, if one has
already been assigned.
(2) the claims, defenses, and other legal contentions
are warranted by existing law and jurisprudence,
In an appeal, Sections 5 and 6, Rule 41 requires all names
or by a non-frivolous argument for extending,
to be indicated in the Notice of Appeal and Record on
modifying or reversing existing jurisprudence;
Appeal.
(3) the factual contentions have evidentiary support,
Body-
or if specifically identified, will likely have
evidential support after availment of the modes
Section 2 requires that the body sets forth its designation,
of discovery under these rules; and
the allegations or a party’s claims or defenses, the relief
prayed for, and the date of the pleading.
(4) the denial of factual contentions are warranted
on the evidence specifically so identified, are
The allegations in the body shall be divided unto
reasonably based on belief or lack of information.
paragraphs so numbered to be readily identified. Each
shall contain Statement of a single set of circumstances so
If the court determines, on motion or motu proprio and
far as it can be done with convenience. A paragraph may
after notice and hearing, that this rule has been violated,
be referred to by its number in all succeeding pleadings.
it may impose an appropriate sanction or refer such
violation to the proper office for disciplinary action, on
Headings must be used when 2 or more causes of action
any attorney, law firm, or party that violated the rule, or
are joined, the statement of the first shall be prefaced by:
is responsible for the violation. Absent exceptional
First Cause of Action etc. When: 2 or more paragraphs are
circumstances, a law firm shall be held jointly and
addressed to one or several causes of action in the
severally liable for a violation committed by its partner,
complaint, they shall be prefaced by: Answer to the First
associate, or employee. The sanction my include, but shall
Cause of Action and so on. If it addresses several causes of
not be limited to, non-monetary directive or sanction; an
action, the paragraphs shall be prefaced accordingly.
order to pay a penalty in court; or, if imposed on motion
and warranted for effective deterrence, an order directing
The relief should be specified but it may add a general
payment to the movant of part or all reasonable attorney’s
prayer for such further or other relief as may be deemed
fees and other expenses directly resulting from the
just and equitable. The relief does not constitute a part of
violation, including attorney’s fees for the filing of the
the statement of the cause of action. It does not serve to
motion for sanction. The lawyer or law firm cannot pass
limit or narrow the issues presented. It is the material
on the monetary penalty to the client.
allegations, not the legal conclusions that determine the
relief that a party is entitled to. A court may grant a relief
Previously the rule also provided that disciplinary action
not prayed for as long as warranted by the allegations and
may be imposed on counsel in relation to the rule when:
the presented proof.
a) He deliberately files an unsigned pleading
21

Every pleading is required to be dated.

b) Signs a pleading in violation of the Rule
c) Alleges scandalous or indecent matter
Page

Signature and address-

 d) Fails to promptly report to the court a change in
his address. It is submitted that they continue to
apply and will constitute either violations or
omissions of the rules.
Verification
Section 4 states that a pleading need not be verified,
except when otherwise specifically required by law or the
rules.
As held in Sarmiento v. Zaratan (G.R. No. 167471,
February 5, 2007), a verification is a certification that is
intended to secure an assurance that the allegations in the
pleading are true and correct and not the product of the
imagination or a matter of speculation and that it is being
filed in good faith.
A pleading is required to be verified by an affidavit of an
affiant duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a party,
whether in the form of a secretary’s certificate or a special
power of attorney, should be attached to the pleading, and
shall allege the following attestations:
a) The allegations in the pleading are true and correct
based on his or her personal knowledge, or based on
authentic documents.
b) The pleading is not filed to harass, cause unnecessary
delay, or needlessly increase the cost of litigation; and
c) The factual allegations therein have evidentiary
support or, if specifically so identified, will likewise
have evidentiary support after a reasonable
opportunity for discovery.
The signature of the affiant shall further serve as a
certification of the truthfulness of the allegations in the
pleading. A pleading required to be verified that 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.
Certification against forum shopping-
Forum Shopping exists when as a result of an adverse
opinion in one forum, a party seeks a favorable opinion,
other than by appeal or certiorari, in another, or when he
institutes two or more actions or proceedings grounded
on the same cause, on the gamble that one or the other
court would make a favorable disposition.
In TADI v Solilapsi (394 SCRA 269), it has been said to
exist also where the elements of litis pendentia are
present or where a final judgment in one case will amount
to res judicata in another. Hence, the following requisites
concur: (a) identity of parties, or at least such parties
represent the same interests in both actions (b)
identity of rights asserted and relief prayed for,
the relief being founded on the same facts, and (c) identity
of the two preceding particulars is such that any judgment
rendered in the other action will, regardless, of which
party is successful, amount to res judicata in the action
under consideration.
A certification against forum shopping as required by
Section 5 is to be executed by the plaintiff or principal
party who shall certify under oath in the complaint or
initiatory pleading asserting a claim or relief or in sworn
certification annexed thereto and simultaneously filed
therewith:
a) That he has not therefore 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 claim or action is pending
therein
b) If there is such other pending action or claim, a
complete statement of the present status thereof
c) That if he should thereafter learn that the same or
similar action has been filed or is pending, he shall
report that fact within 5 days therefrom to the court
wherein his complaint or initiatory pleading has been
filed.
The authorization of the affiant to act on behalf of a party,
whether in the form of a secretary’s certificate or special
power of attorney, should be attached to the pleading.
In Castillo v Court of Appeals (426 SCRA 369), the lack of
a certification is not curable by amendment, but such shall
be cause for dismissal of the complaint. The dismissal
shall be without prejudice unless otherwise provided,
upon motion and after hearing.
The non-compliance with any of the undertakings or the
submission of a false certificate shall constitute indirect
contempt without prejudice to corresponding
administrative and criminal actions. Provided, that if the
acts of the party or counsel clearly constitute will and
deliberate forum shopping, it shall then be ground for
summary dismissal with prejudice, and shall constitute
direct contempt as well as cause for administrative
sanctions.
If there are several plaintiffs, the general rule is that all of
them must sign but it must be noted that the rule now
makes mention of a principal party, thus it can be implied
that the signature of every plaintiff will be required.
There is previously jurisprudence to the effect that:
a) the execution by one of the petitioners or
plaintiffs in a case constitutes substantial
compliance where all the petitioners, being
relatives and co-owners of the properties in
dispute, share a common interest in the subject
matter of the case as held in Cavile v Heirs of
Clarito Cavile, (400 SCRA 255), and
b) when 2 of the parties did not sign as they were
abroad. It was considered reasonable cause to
exempt them from compliance with the
requirement that they personally execute the
22
certificate as held in Hamilton v. Levy (344 SCRA
821).
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If the plaintiff or petitioner is a juridical person, it can only
execute the certification through properly delegated
individuals. Note though that in Cagayan Valley Drug
Corporation v. Commissioner of Internal Revenue (545
SCRA 10) there are corporate officers who may sign the
certification without need of a board resolution, namely:
a) Chairperson of the Board
b) President
c) General Manager or Acting General Manager
d) Personnel Officer, and
e) Employment Specialist in a labor case.
Counsel has been allowed to sign the certification in
the following instances:
a. In Commissioner of Internal Revenue v. SC
Johnson (309 SCRA 87), where the counsel is
the Solicitor General has been deemed to be
substantial compliance
b. In Robern Development Corporation v. Quitain
(315 SCRA 150), a certification by acting
regional counsel of NPC was accepted because
it was his basic function to prepare pleadings
and to represent NPC – Mindanao – as such he
was in the best position to know and certify if a
similar action was pleading or had been filed
c. In Mercury Drug Corporation v Libunao (434
SCRA 404), a certification was executed by an
in house counsel is sufficient compliance with
the Rules.
Distinguish between verification and certification-
The distinctions are:
a. A verification is a sworn statement that the
allegations are true and correct based on
personal knowledge and/or authentic records,
while a certification states that no action or claim
involving the same issues have been filed or is
pending
b. A verification is required in complaints, initiatory
pleadings and some responsive pleadings, while
a certification is required only in complaints and
initiatory pleadings
c. A defect in a verification is curable by
amendment or an order to verify, while that in a
certification cannot be cured by amendment
d. A defect in the verification does not immediately
give rise to a ground for dismissal, while a defect
in a certification gives rise to a ground for
dismissal
e. a verification may be signed by counsel, while a
certification must be signed by a party.
Additional contents-
Section 6 requires that every pleading stating a party’s
claims or defenses shall state the following:
1. Names of the witnesses who will be presented to
prove a claim or defense.
2. Summary of the witnesses’ intended testimony,
provided that the judicial affidavit of the said
witness is attached to the pleading and shall form
an integral part thereof. Only witnesses whose
judicial affidavits are attached to the pleading
shall be presented at trial. Except if a party
presents meritorious reasons as basis for the
admission of additional witnesses, no other
witness or affidavit shall be heard or admitted by
the court.
3. Documentary and object evidence in support of
the allegations in the pleading.
RULE 8 – MANNER OF MAKING ALLEGATIONS IN
PLEADINGS DISCUSSIN OUTLINE
How allegations are made in a pleading-
Section 1 provides that in general, a pleading must
contain in a methodical and logical form a plain concise
and direct statement of the ultimate facts, including the
evidence on which the party pleading relies for his claim
or defense.
If the cause of action or defense is based on law, the
pertinent provisions thereof and their applicability shall
be clearly and concisely stated.
A pleading must only aver ultimate facts as no conclusions
are supposed to be averred. Conclusions are for the court
to make.
Pleading alternative causes of action or defenses-
Section 2 allows a party to set forth two or more
statements of a claim or a defense alternatively or
hypothetically, either in one cause of action or defense or
in separate causes of actions or defenses. If two or more
statements are made in the alternative and if one of them
if made independently would be sufficient, the pleading is
not made insufficient by the insufficiency of one or more
of the alternative statements.
The provision recognizes the possibility that the liability
of the defendant may possibly be based on two causes of
action or that the defendant may possibly have
alternative defenses, even if they may conflict with each
other.
The object of the provision is to relieve a party from
making a definite election in cases where his claim or
defense might fall within two different substantive
23
classes. Hence, a party may state as many claims or
defenses as he has regardless of inconsistency.
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It does not require that all the alternative causes of action
or defenses be sufficient for the plaintiff or defendant to
be entitled to relief. It is enough that one of them if made
independently would be sufficient to support a cause of
action or defend against it. Hence, the pleading is not
made insufficient by the insufficiency of one or more of
the alternative statements.
Overruling of one does not bar other defenses. However,
if not set up, determination of one shall bar the
determination of the other.
How to plead conditions precedent-
Condition precedents as determined by common usage
are matters, which must be complied with before a cause
of action of action arises.
What Section 3 requires is a general averment of the
performance or occurrence of all conditions precedent is
required.
Pleading capacity to sue and to be sued-
Section 4 requires the following to be averred:
(1) capacity to sue or be sued
(2) authority of a party to sue or be sued in a
representative capacity
(3) legal existence of an organized association of
persons that is made a party.
With the deletion of Rule 16, the issue as to legal existence
or capacity to sue or sue in a representative capacity shall
be raised by way of a specific denial, which shall include
such supporting particulars as are peculiarly within the
pleader’s knowledge.
Pleading fraud, mistake, condition of mind-
Section 5 requires the circumstances constituting fraud
and mistake must be stated with particularity. It is not
enough for the pleading to just allege fraud or mistake. It
must state the time, place and specific acts constituting
the fraud or mistake.
Condition of mind, such as malice, intent, knowledge may
be averred generally.
Pleading a judgment-
Section 6 provides that it is sufficient to aver the judgment
or decision of a domestic or foreign court, judicial or
quasi-judicial officer tribunal board without setting forth
matter-showing jurisdiction to render it as it is presumed.
An authenticated copy of the judgment or decision shall
be attached to the pleading.
Action or defense based on document-
Under Section 7, when an action or defense is founded
upon a written instrument or document, the substance of
such instrument or document shall be set forth in the
pleading, and the original of copy thereof shall be
attached to the pleading as an exhibit, which shall be
deemed part of the pleading.
Section 8 requires it to be contested by specifically
denying it under oath and setting forth what he claims to
be the fact.
The requirement of an oath does not apply if:
a) adverse party is not/does not appear to be a
party to the actionable document.
b) Compliance with an order for an inspection of the
original document is refused.
When the written instrument or document is not
specifically denied under oath, it will lead to the
admission of its genuineness and due execution. This
means that the party executed the document or was
executed by someone authorized by him, it was in the
words/figures set forth in the pleading, and that the
formal requirements of law have been observed.
Consequently, there is no need to present it formally in
evidence because it is an admitted fact.
A party though is not barred from interposing other
defenses as long as it is not inconsistent with the implied
admission.
Pleading an official act or document-
Section 9 states that it is sufficient to aver that document
was issued or the act was done in compliance with law.
Specific denials and affirmative defenses-
(Discussed with Rule 6)
Striking out of a pleading or matter contained
therein-
If the pleading or any matter therein is sham, false,
redundant, immaterial, impertinent or scandalous, the
court can order the pleading or matter contained therein
to be stricken therefrom
a) upon motion made by a party before responding
to a pleading
b) if no responsive pleading is allowed or permitted
by the Rules, upon motion by a party within 20
days after service of the pleading, or
c) upon the Court’s own initiative.
24
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 RULE 9 – EFFECTS OF FAILURE TO PLEAD
DISCUSSION OUTLINE
General effect
Section 1 provides that the general effect of the
failure to plead is that the defenses or objections
not so pleaded in an answer or a motion to dismiss
are deemed waived.
However, if it appears from the pleadings or
evidence on record that
a) the Court has no jurisdiction over the
subject matter
b) there is another action pending between
the same parties for the same cause, or
c) the action is barred by prior judgment or
statute of limitations, the court shall dismiss
the claim.
Under Section 2, a compulsory counterclaim or a
cross-claim not set up shall also be barred.
Default
Default is a procedural concept that occurs when
the defending party fails to file an answer within the
reglementary period.
Under Section 3, if there is failure to plead within
the time allowed, the defendant may be declared
in default upon compliance with the following:
(a) the plaintiff must file a motion to declare the
defendant in default
(b) serve notice of his motion to defendant,
which must include a notice of hearing
(c) at the hearing, show proof of failure on the
part of the defendant to file his answer
within the reglementary period.
A court cannot motu propio declare a What are the remedies of a defaulted defendant
defendant in default.
Under the Rules on Summary Procedure, a motion
to declare defendant in default is prohibited.
Instead, the court can motu proprio or upon a
motion render judgment as may be warranted by
the facts alleged in the complaint and limited to
what is prayed for.
A declaration in default is not an admission of the
truth or the validity of the plaintiff’s claims.
Court action after a declaration in default
Section 3 gives the court two options:
(a) It can proceed to render judgment granting
the claimant such relief as his pleading
may warrant, unless,
(b) the court in its discretion requires the
claimant to submit the evidence. Such
reception may be delegated to the Clerk of
Court, who must be a member of the Bar.
The requirement as to membership in the
bar is maintained in Section 9, Rule 30.
As far as the defaulted defendant Section 3 (a)
provides that he is nevertheless entitled to notice
of subsequent proceedings but he shall take part
in the trial.
Section 3 (d) provides that the extent of the relief
that may be awarded shall not exceed the amount
or be different in kind from that prayed for nor
award unliquidated damages. Hence, even if there
is proof to indicate a greater relief, the court will
refrain from awarding it.
Partial default
Under Section 3 (c) where a pleading asserting a
claim states a common cause of action against
several defending parties, some of whom answer
while others do not, the court shall try the cause
against all upon the answers thus filed and render
judgment upon the evidence presented.
In Heirs of Mamerto Manguiat, et al. v. Court of
Appeals (G.R. No. 150768, August 20, 2008) the
court said it is not within the authority of the court
to divide a case by first hearing the case ex parte
as against the defaulted defendants and render a
judgment against them, then proceed to hear the
case as against the non-defaulted defendants.
The available remedies of a defendant who is
declared in default are as follows:
1. Section 3 (b) allows the filing of a Motion to
Set Aside Order of Default under oath, filed at any
time after notice of declaration in default and
before judgment. Defendant must show by an
Affidavit of Merit stating that failure to file an
answer was due to FAME and that he has a
meritorious defense. The court may then set aside
the order of default on such terms and conditions
as the judge may impose in the interest of justice.
25
2. Motion for New Trial on the ground of
FAME if the trial court has rendered judgment but
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it has not yet become final.

3. Appeal the judgment by default within 15
days from notice of judgment.
If in the meantime, a motion to set aside order of
defendant has been denied, it can be assigned as
an error in the appeal. The non- filing of a motion
to set aside or for a new trial does not bar an
appeal.
Rural Bank of Sta. Catalina, Inc. vs. Land Bank of
the Philippines (G.R. No. 148019, July 28, 2004) it
was held that on appeal, the judgment may be
assailed on the ground that the judgment is
excessive or is different in kind from that prayed for
or that the plaintiff failed to prove his material
allegations or that the decision is contrary to law.
However, he is prohibited from seeking a reversal
or modification on the basis of evidence submitted
before the appellate court, as to allow it would
mean that he is retaining the right to adduce
evidence, which he lost in the trial court.
4. Under Rule 38, by a Petition for Relief from
Judgment based on FAME, provided no appeal
has been taken within 60 days from notice and 6
months from entry of judgment.
5. Under Rule 47, by an Action to Annul
Judgment based on extrinsic or collateral fraud,
which is such that a party is induced or prevented
from presenting his case or having a full and fair
trial, within 4 years from discovery of the fraud.
6. Certiorari under Rule 65, if improperly
declared in default or motion to set aside was
denied and is tainted with grave abuse of
discretion, which is filed within 60 days from notice
or judgment order resolution or 60 days from notice
of the denial of a motion for reconsideration.
Effect of favorable action by the court after a
default declaration
In Republic of the Philippines vs. Sandiganbayan
(G.R. No. 148154, December 17, 2007) it was held
that despite a declaration in default, the court
subsequently acts on motions for extension or a
motion for a bill of particulars, the effect is that the
order of default is deemed lifted. The trial court is
not considered to have acted with grave abuse of
discretion.
Where no default lies-
Section 3(e) provides that default does not lie in:
(a) annulment of marriage
1
Supra, Section 3 (e), Rule 9
(b) declaration of nullity of marriage
(c) legal separation.
In these instances, the court shall order the
solicitor general or his deputized public prosecutor
to investigate whether or not collusion exists, and
if there is none, to intervene for the state in order
to see that the evidence is not fabricated.1
There is also no default in:
(a) expropriation, and
(b) forcible entry, illegal detainer and the other
actions covered by the Rules on Summary
Procedure.
RULE 10- AMENDED AND SUPPLEMENTAL
PLEADINGS AND
RULE 12- BILL OF PARTICULARS
DISCUSSION OUTLINE
Amendments
Section 1 provides that amendments consist of:
(a) Adding or striking out an allegation or the
name of any party, or
(b) Corrections of mistakes in the name of a
party or mistaken or inadequate allegation
or description in any other respect.
The purpose for allowing amendments is so that
the actual merits of the controversy may speedily
be determined without regard to technicalities and
in the most expeditious and inexpensive manner.
Kinds of amendments
Section 4 provides that formal amendments refer
to those which are made to correct defects in the
designation of the parties, other clerical or
typographical errors and which may summarily be
corrected by the court at any stage of the action, at
its initiative or on motion, provided no prejudice is
caused the adverse party. Consequently, all other
amendments will be substantial amendments.
When amendments can be made
Section 2 provides that amendments can be made
once as a matter of right, at any time before a
responsive pleading is served, or in case of a
Reply, at any time within 10 days after it is served.
Section 3 provides that after the filing of a
responsive pleading, substantial amendments
may be made only upon leave of court. But leave
26
may be refused if it appears to the court that the
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motion was on made with intent to delay or confer
jurisdiction on the court or the pleading stated no
cause of action from the beginning, which could be
amended.
Orders related to leave should be made upon
motion filed in court, with notice to the adverse
party and opportunity to be heard.
If no leave is obtained, the pleading has no
standing and may be stricken from the records
Amendments to conform to or authorize
presentation of evidence
Section 5 has dispensed with such amendments.
The rule now is that when issues not raised by the
pleadings are tried with the express or implied
consent of the parties, they shall be treated in all
respects as if they have been raised in the
pleadings. No amendment of such pleadings is
necessary to cause them to conform to the
evidence.
Filing of amended pleadings
Section 7 provides that when a pleading is
amended, a new copy of the entire pleadings,
incorporating the amendments, which shall be
indicated by appropriate marks shall be filed.
Note that the date of filing of amended pleadings
does not retroact to the date of the filing of the
original pleading. Hence, the statute of limitations
runs until the filing of the amendment, but an
amendment that merely supplements and
amplifies facts originally alleged in the complaint
relates back to the date of the commencement of
the action and is not barred by the statute of
limitations that expired after service of the original
complaint.
The effects of an amended pleading
Section 8 provides that an amended pleading
supersedes the pleading that it amends. However,
admissions in the superseded pleading may be
offered in evidence against the pleader, and claims
and defenses alleged therein not incorporated in
the amended pleading shall be deemed waive.
Admissions in the superseded pleading may be
offered in evidence against the pleader because it
is not expunged from the records and admissions
in the superseded pleading are in the nature of
judicial admissions made by a party in the course
2
Supra, Section 6, Rule 10
of the proceedings which do not require proof and
ordinarily cannot be contradicted except by
showing that it was made through palpable
mistake or that no such admission was made.
What is a supplemental pleading
Section 6 defines a supplemental pleading as one
that sets forth transactions, occurrences or events,
which have happened since the date of the
pleading sought to be supplemented.
A supplemental pleading is always upon motion,
and on such terms as are just and upon
reasonable notice and the adverse party is given
10 days from notice of order admitting the
supplemental pleading to plead thereto.2
A supplemental pleading is meant to supply
deficiencies in aid of an original pleading, not to
entirely substitute the latter
Distinctions between an amended pleading
and a supplemental pleading
The distinctions are
(a) An amended pleading is filed either as a
matter of right or with leave, a
supplemental pleading is always with
leave
(b) An amended pleading alleges matters
occurring before the filing of the original
pleading, while a supplemental pleading
alleges matters occurring after the filing of
the original pleading
(c) An amended pleading supersedes the
original pleading, while a supplemental
pleading allows the original pleading to
stand.
Bill of particulars defined
Rule 12 defines it as a definitive statement of any
matter, which is not covered with sufficient
definiteness or particularity to enable him to
properly prepare his responsive pleading.
It is to be resorted to when the complaint is
deficient in details with respect to the factual basis
of each and every item claimed, but such
deficiency is not such as to amount to a failure to
state a cause of action as the remedy then is to file
a motion to dismiss.
When can a bill of particulars be secured
27
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A motion for a bill of particulars may be filed before
filing or responding to a pleading or before filing an
answer. If the pleading is a reply, within 10 days
from service thereof
Action of the court
Section 2 provides that upon filing of the motion
that points out the defects complained of, the
paragraphs wherein they are contained, and the
details desired, the clerk of court must immediately
bring it to the attention of the court, which may
deny or grant the motion outright or allow the
parties an opportunity to be heard.
It is a litigated motion.
Compliance with the order of the court
Under Section 3, if granted, whether in whole or in
part, the compliance must be effected within 10
days from notice of order, unless a different period
is fixed by the Court.
The bill of particulars may be filed either in a
separate or in an amended pleading, serving a
copy on the adverse party.
Once filed, Section 6 provides that it becomes part
of the pleading for which it is intended.
Effect of non-compliance with order
Section 4 provides that n case of failure to obey or
insufficient compliance, the Court may order the
pleading or portions thereof to which the order was
directed to be stricken out or make such order as
it deems just. Hence, it may also dismiss for failure
of the plaintiff to obey order of the Court.
The striking out of a complaint by the lower court
upon motion of the defendant for failure of the
plaintiff to comply with an order requiring him to
submit a bill of particulars as a ground for dismissal
is equivalent to an adjudication on the merits
unless otherwise provided by the court.
When must a responsive pleading be filed-
Section 5 provides that after service of a bill of
particulars or of a more definitive pleading or notice
of denial of the motion for a bill of particulars, the
moving party has the remaining period that he was
entitled to at the time of the filing of the motion,
which shall not be less then 5 days in any event.
RULE 11: WHEN RESPONSIVE PLEADINGS
ARE TO BE FILED
DISCUSSION OUTLINE
Responsive pleading defined
In Marcos-Araneta vs. Court of Appeals (563
SCRA 41), a responsive pleading is one which
seeks affirmative relief or set up defenses.
Answer to the complaint
Section 1 requires an answer to the complaint to
be filed within 30 calendar days after service of
summons unless a different period is fixed by the
Court.
The same period applies to third party complaints
as per Section 5.
If covered by the Rules on Summary Procedure, it
is 10 days
Section 3 provides that if the complaint is
amended:
(a) as a matter of right, within 30 days from
being served with a copy
(b) if with leave of court, within 15 days from
notice of order admitting the same. If no
new answer is filed, a previously filed
answer may serve as the answer. The
same period holds for answers to amended
counter-claims, cross claims, third party
complaints and complaints in intervention.
Under Section 3, if defendant is a foreign private
juridical entity, within 30 days if service of
summons is made on the resident agent or within
60 days from receipt of summons by the entity at
its home office if received by the government office
designated by law.
If it is a complaint –in- intervention, Section4, Rule
19 requires it to be answered within 15 days from
notice of the order admitting the complaint in
intervention.
Section 7 provides that if it is a supplemental
complaint, it must be answered within 20 days from
notice of the order admitting the supplemental
complaint. The answer to the complaint shall serve
as the answer to the supplemental complaint if no
new or supplemental answer is filed.
28
If it involves a complaint served on a non-resident
defendant who is not in the Philippines through any
Page
of the modes of extra-territorial service, including
by publication, within a reasonable time which shall
not be less than 60 days after notice as the court
may specify in its order granting leave to effect
extra-territorial service of summons
Answer to a cross claim or counter claim
Section 4 requires an answer to a cross claim or a
counter-claim to be filed within 20 days from
service.
Section 8 requires that a compulsory counterclaim
or a cross claim existing at the filing of defendant’s
answer must be included therein. However, if it
matures or is acquired after serving of answer, it
may with the court’s permission be presented as
such in a supplemental pleading under Section 9.
If already existing and not set up through oversight,
inadvertence, or excusable neglect, it may, by
leave of court be set up as such by amendment
before judgment under Section 10.
Reply
Section 6 provides that a reply, if allowed under
Section 10, Rule 6, may be filed within 15 days
from service of the pleading responded to.
Even without a reply all new matters are deemed
controverted.
If the plaintiff wishes to interpose claims arising out
of the new matters so alleged, such claims shall be
set forth in an amended or supplemental
complaint.
Allegations of usury are now deemed controverted.
May the time to plead be extended
Section 11 provides that upon motion and
meritorious reasons, the Court may grant an
additional period of not more than 30 days to file
an answer. A defendant is only allowed to file one
(1) motion for extension.
A motion for extension to file any pleading, other
than an answer, is prohibited and considered a
mere scrap of paper. The court may also, upon like
terms, allow an answer or other pleading to be filed
after the time fixed by these Rules.
In cases covered by the Rules on Summary
Procedure, the period cannot be extended nor
shortened.
Under Section 8, Rule 66, the period to plead may
be shortened in quo warranto cases.
When a complaint should be filed
A complaint is not a responsive pleading. It is to be
filed upon accrual of the cause of action or any time
thereafter but before it is barred by prescription.
RULE 13 – FILING AND SERVICE OF
PLEADINGS, JUDGMENTS AND OTHER
PAPERS DISCUSSION OUTLINE
Applicability
Section 1 provides that the rule applies to all
pleadings, motions and other submissions, papers
as well as service thereof, except those for which
a different mode of service is prescribed.
Filing and service defined
Filing is the act of submitting the pleading or other
paper to the court.
Service is the act of providing a party with a copy
of the pleading or other submission.
Under Section 2, if a party is represented by
counsel, service is made upon counsel or one of
them unless service is ordered to be made upon
the party and the party’s counsel by the Court. If
there is one counsel for several parties, he is
entitled to only one copy served by the opposite
side on lead counsel, if one is designated or upon
any one of them if there is no designation of a lead
counsel.
Service may also be made on a party with counsel:
(a) if counsel cannot be located or changed his
given address (b) when his deposition is to be
taken, or is required to answer a written
interrogatory or when a request for admission is
made, and (c) if party is ordered to show cause
why he should be punished for contempt
Modes of filing
Section 3 provides that the modes of filing are
(a) Submitting personally the original
thereof, plainly indicated as such, to the
court;
(b) By registered mail;
29
(c) By accredited courier, and
(d) Transmitting them by electronic mail or
Page
other electronic means as may be
 authorized by the court in places where
the court is electronically equipped.
In (a), the clerk of court shall endorse on the
pleading, the date and the hour of filing.
In (b) and (c), the date of mailing of the motion,
pleadings and other court submissions, and
payments or deposits, as shown by the post office
stamp on the envelope or registry receipt, shall be
considered as the date of their filing, payment or
deposit in court. The envelope shall be attached to
the record. It bears stressing that it is the date of
mailing, not the date of receipt of the mail matter,
which shall be considered as the date of filing. This
has been the practice since mail is considered an
agent of the Government. This is also known as
the Mailbox Rule.
In (d), the date of electronic transmission shall be
considered date of filing.
What are to be filed and served
Section 4 provides that the papers that are to be
filed or served upon affected parties are
judgments, resolutions, order, pleadings
subsequent to the complaint, written motions,
notices, appearances, demand, offer of judgment
or similar papers.
The modes of service
Section 5 provides that pleadings, motions,
notices, orders, judgments and other papers shall
be served personally or by registered mail,
accredited courier, electronic mail, facsimile
transmission, other electronic means as may be
authorized by the court, or as provided for in
international conventions to which the Philippines
is a party.
If personally served, Section 6 provides that it may
done:
(a) by delivering personally a copy to party or
his counsel, or authorized representative
named in the appropriate pleading or
motion, or
(b) leaving it in his office with a clerk or person
having charge thereof, or (3) if no person
is found in the office or he has no office, by
leaving a copy between the hours of 8am
to 6pm at party’s or counsel’s residence, if
known, with a person of sufficient age and
discretion residing therein.
If by mail, Section 7 provides that it is undertaken
by depositing a copy in the post office in a sealed
envelope, plainly addressed to the party or
counsel, if known, at his address or office,
otherwise, at his residence, if known, postage
prepaid and with instructions to the postmaster to
return the mail to sender after 10 days if
undelivered.
If no registry service is available in the locality of
the addressee or sender, service may be by
ordinary mail.
Section 9 provides that service by electronic
means and facsimile shall be made if the party
concerned consents to such modes of service.
Service by electronic means shall be made by
sending an e-mail to the party or counsel’s
electronic mail address, or through other electronic
means of transmission as the parties may agree
on, or upon direction of the court.
Service by facsimile shall be made by sending a
facsimile copy to the party’s or counsel’s given
facsimile number.
Consequently, Section 11 requires a party who
changes an electronic mail address or facsimile
number while the action is pending to promptly file,
within 5 calendar days from such change, a notice
of change with the court and serve the notice on all
other parties. Service by such means shall be
presumed valid unless the party notifies the court
of any change.
As to format, Section 12 provides the subject of the
electronic mail and facsimile must follow the
following prescribed format: case number, case
title, and the pleading, order or document title.
The title of each electronically filed or served
pleadings or other document, and each
submission served by facsimile shall contain
sufficient information to enable the court to
ascertain from the title:
(a) the party or parties filing or serving the
paper,
(b) nature of the paper,
(c) the party or parties against whom relief, if
any, is sought, and
(d) the nature of the relief sought.
The rule on priority of service as formerly found in
Section of 11 has been deleted.
Conventional service or filing
30
Section 14 provides that the following must be
served personally or by registered mail when
Page
allowed, and shall not be filed or served
electronically, unless permission is granted by the
Court:
(a) initiatory pleadings and initial responsive
pleadings,
(b) subpoena, protection orders, and writs,
(c) appendices, exhibits to motions, or other
documents not readily amenable to
electronic scanning may, at the option of a
party filing such, be filed and served
conventionally, and
(d) sealed and confidential documents or
records.
Substituted service
Section 8 provides that if service cannot be made
personally or by mail, substituted service may be
availed of as long as the office and place of
residence of the party or his counsel is also
unknown, service may be made by delivering a
copy to the clerk of court, with proof of failure of
both personal service and service by mail. The
service is complete at the time of such delivery.
Presumptive notice of a court setting
Section 10 provides that there shall be
presumptive notice to a party of a court setting if
such notice appears on the record to have been
mailed at least 20 calendar days prior to the
scheduled date of hearing and the addressee is
from within the same judicial region of the court
where the case is pending.
It will be at least 30 calendar days if the addressee
if from outside the judicial region.
Service of judgments, final orders, or resolutions-
Section 13 requires that judgments, final orders or
resolutions shall be served personally or by
registered mail. Upon ex parte motion of any party
in the case, a copy of the judgment, final order, or
resolution may be delivered by accredited courier
at the expense of such party.
If a party is summoned by publication, and he has
failed to appear, judgments, final orders /
resolutions shall also be served upon him by
publication at the expense of the prevailing party.
Section 18 provides that as to court issued orders
and other documents, it may be served
electronically to all parties and such shall have the
same effect and validity as provided by the rule. A
paper copy of the document electronically served
shall be retained and attached to the record.
When service is complete
Section 15 provides that service will be deemed
complete:
(a) Upon actual delivery if undertaken
personally
(b) Upon expiration of 10 calendar days after
mailing, unless the Court orders otherwise
if undertaken by ordinary mail
(c) Upon actual receipt by addressee or after 5
days from the date he received the 1 st
notice of the postmaster, whichever date is
earlier, if undertaken by registered mail,
(d) At the time of the electronic transmission of
the document, or when available, at the
time electronic notification of service of the
document is sent. However, electronic
service is not effective or complete if the
party serving the document learns that it
did not reach the addressee or person to
be served,
(e) Upon actual receipt by the addressee, or
after at least 2 attempts to deliver by
courier service, or upon the expiration of 5
calendar days after the first attempt to
deliver, whichever is earlier, if by
accredited courier, and
(f) Upon receipt by the other party, as
indicated in the facsimile transmission
printout if by facsimile.
At the time of delivery to the clerk of court, if
undertaken by substituted service.
Proof of filing
Section 16 provides that proof of filing is shown by:
a) existence of the pleading or any other court
submission in the records of the case
b) If not in the record, but is claimed to be:
1. filed personally by the written or
stamped acknowledgment of its
filing by the Clerk of Court on a
copy, and
2. filed by registered mail by the
registry receipt and the affidavit of
the person who did the mailing
containing a full statement of:
c) Date and place of depositing in the post
office in a sealed envelope addressed to
the Court, with postage prepaid, and
d) Instructions are given to the postmaster to
return the mail to sender after 10 days, if
31
undelivered.
Page
If through an accredited courier service, by an
affidavit of the person who brought the pleading or
other document to the service provided, together
with the courier’s official receipt and document
tracking number.
If by electronic mail, by an affidavit of electronic
filing of the filing party accompanied by a paper
copy of the pleading or document transmitted or a
written or stamped acknowledgment of its filing by
the clerk of court. If the paper copy sent by
electronic mail was filed by registered mail, the rule
on filing by registered mail applies.
If by other authorized electronic means, by an
affidavit of electronic filing of the filing party
accompanied by a copy of the electronic
acknowledgment of its filing by the court.
Proof of service
Section 17 provides that proof of service is shown
by:
therein does at his own risk, which is filed, with the
Office of the Register of Deeds of the place where
the property is located.
Section 19 provides that it is available only in an
action affecting title or right of possession of real
property. Specifically in actions
(a) (a) to recover possession of real estate
(b) to quiet title
(c) to remove a cloud
(d) for partition
(e) other proceeding of any kind in court
directly affecting title to the land or the use
or occupation thereof or buildings thereon.
It can be availed of by the plaintiff or the defendant.
It can be cancelled upon order of the court when:
It is shown that it has for the purpose of molesting
the adverse party or it is not necessary to protect
the rights of the party who caused it to be recorded.

(a) Written admission of the party served or

official return of the server, or affidavit of
the party serving, containing a full
statement of the date, place, manner of
service if served personally

(b) An affidavit of the person mailing of facts

showing compliance with Section 7 of the
Rule if served by ordinary mail

(c) An affidavit and registry receipt issued by

the mailing office. The registry return card
shall be filed immediately upon its receipt
by the sender, or in lieu thereof, the
unclaimed letter together of the sworn or
certified copy of the notice given by the
postmaster to the addressee,

(d) An affidavit of service executed by the

person who brought the pleading or paper
to the service provider, together with the
courier’s official receipt or document
tracking number if by accredited courier,

(e) An affidavit of service by the person who

sent the email, facsimile, or other
electronic transmission, together with a
printed proof of transmittal if by electronic
means.

Notice of lis pendens

32

It is an announcement to the world that a particular

real property is in litigation, serving as a warning
Page

that one who acquires the property or an interest

 RULE 15 – MOTIONS DISCUSSION OUTLINE
Motion-
Section 1 defines a motion is an application for
relief other than by a pleading.
Form of a motion-
Section 2 requires that a motion should be in
writing except when made in open court or in the
course of the hearing or trial.
A motion made in open court or in the course of a
hearing or trial should immediately be resolved in
open court, after the adverse party is given the
opportunity to argue his or her opposition thereto.
When a motion is based on facts not appearing on
the record, the court may hear the matter on
affidavits or depositions presented by the
respective parties, but the court may direct that the
matter be heard wholly or partly on oral testimony
or depositions.
Further under Section 3, it must state the relief
sought to be obtained and the grounds on which it
is based, and if required by the rules or necessary
to prove facts alleged therein, it shall be supported
by affidavits or other papers.
In Marcial v. Hi-Cement Corporation (G.R. No.
144900, November 18, 2005), it was held that a
motion for extension of time is fatally defective for
failure to include a prayer for relief; no period for
extension was sought in the motion. As a result, it
is pro-forma.
Further under Section 11, the Rules applicable to
pleadings shall apply to written motions as far as it
concerns captions, designation, signature and
other matters.
It shall no longer be set for hearing in view of the
amendments introducing non-litigious and litigious
motions and the manner of their resolution.
Classification of motions-
Motions are now classified as non-litigious or
litigious.
Section 4 defines and enumerates non-litigious
motions. They are those, which the court can act
upon without prejudice to the rights of the adverse
party.
These are motions for:
(a) issuance of alias summons,
(b) extension of time to file answer,
(c) postponement,
(d) a writ of execution,
(e) an alias writ of execution,
(f) a writ of possession,
(g) issuance of an order directing the sheriff to
execute the final certificate of sale, and
(h) other similar motions.
These motions are not set for hearing and shall be
resolved by the court within 5 calendar days from
receipt.
Section 5 enumerates litigious motions to include
motions for:
(a) a bill of particulars,
(b) to dismiss,
(c) new trial,
(d) reconsideration,
(e) execution pending appeal,
(f) to amend after a responsive pleading is
filed,
(g) to cancel a statutory lien,
(h) an order to break in or for a writ of
demolition,
(i) intervention,
(j) judgment on the pleadings,
(k) summary judgment,
(l) demurrer to the evidence,
(m) declare defendant in default,
(n) other similar motions.
All motions must be served by personal service,
accredited private courier or registered mail or
electronic means to ensure their receipt by the
other party as Section 7 provides that no written
motion shall be acted upon by the court without
proof of service.
Action subsequent to the filing of a litigious
motion-
The opposing party shall file his or her opposition
to a litigious motion within 5 calendar days from
receipt. The court in the resolution of the motion
shall consider no other submission.
It shall then be resolved by the court within 15
calendar days from receipt of the opposition or the
expiration of the period to file such opposition.
Section 6 provides that in the exercise of its
discretion and if deemed necessary for resolution,
the court can call a hearing on the motion. The
notice of hearing shall be addressed to all parties
concerned and shall specify the time and date of
33
the hearing.
Page
Setting motions for hearing-

Section 8 provides that except for motions
requiring immediate action, where the court
decides to conduct a hearing on a litigious motion,
the same shall be set on a Friday.
Omnibus motion rule-
Section 9 provides that a motion attacking a
pleading referring to a motion to dismiss, or
attacking an order, judgment, or proceedings
referring to a motion for reconsideration shall
include all objections then available, and all
objections not so included are deemed waived
except the defenses of Lack of Jurisdiction, Litis
Pendentia, Res Judicata, Statute of Limitations.
The purpose of the Rule is to obviate multiplicity of
motions as well as discourage dilatory pleadings.
Litigants should not be allowed to reiterate
identical motions speculating on the possible
change of opinion of the court or judges thereof.
It requires the movant to raise all available
exceptions in a single opportunity to avoid multiple
piecemeal objections. But to apply the statutory
norm, the objections must be available to the party
at the time the motion was filed.
Motions for leave-
Section 10 requires that if a motion is one for leave
to file a pleading or a motion, it shall be
accompanied by the pleading or motion sought to
be admitted.
Prohibited motions-
Under Section 12, the following motions are not
allowed:
1. A motion to dismiss except on the
grounds of: (a) no subject matter
jurisdiction, (b) pendency of another
action between the parties, and (c)
cause of action is barred by prior
judgment or statute of limitations.
2. A motion to hear affirmative defenses.
3. A motion for reconsideration of the
court’s action on affirmative defenses.
4. A motion to suspend proceedings
without a temporary restraining order or
an injunction issued by a higher court.
5. A motion for extension of time to file
pleadings, affidavits or any other
papers except a motion for extension of
time to file an answer as provided for in
Section 11, Rule 11, and,
6. A motion for postponement, except if
based on acts of God, force majeure or
physical inability of the witness to
appear and testify. If a motion is
granted on such exceptions, the
moving party shall be warned that
presentation of evidence must still be
terminated on the dates previously
agreed upon. Further, a motion for
postponement, written or oral, shall
always be accompanied by the official
receipt from the Office of the Clerk of
Court evidencing payment of the
postponement fee under Section 21
(b), Rule 141 to be submitted either at
the time of the filing of the motion or not
later than the next hearing date. The
clerk of court shall not accept the
motion unless accompanied by the
original receipt.
Dismissals with prejudice-
Under Section 13, the effect of dismissal is that
subject to the right to appeal, an order granting a
motion to dismiss or on an affirmative defense on
the grounds of
(a) prior judgment or statute of limitations
(b) claim or demand has been paid, waived
abandoned or otherwise extinguished, or
(c) is unenforceable under the statute of frauds
shall bar a re-filing of the same.
34
Page
 RULE 17 - DISMISSAL OF ACTIONS
DISCUSSION OUTLINE
Plaintiff dismissal of his own complaint-
A plaintiff may cause the dismissal of his complaint
by:
Under Section 1, by filing of a notice of dismissal
at anytime before service of an answer or motion
for summary judgment. Once filed, the court shall
issue an order confirming the dismissal, which is
without prejudice, unless stated otherwise but such
dismissal will operate as adjudication on the merits
when filed by a plaintiff who has once dismissed in
a competent court, his action based on or including
the same claim. This is known as the 2-dismissal
rule.
Under Section 2, by filing a motion to dismiss if an
answer or a motion for summary judgment has
been served but such will not result in dismissal
without the approval of the court and upon terms
and conditions, as the court deems proper.
same or a separate action and shall have the effect
of an adjudication on the merits unless otherwise
declared by the court.
The remedies of a plaintiff are:
(a) Appeal the dismissal as it is a final order, or
(b) If without prejudice, refile the action as an
order dismissing without prejudice is not
subject to appeal.
Applicability of the rule-
Under Section 4, the Rule also applies to dismissal
by the defendant of his counterclaims cross-claims
or 3rd party claims.
Voluntary dismissal by the claimant by notice as
under Section 1 of the Rule shall be made before
a responsive pleading, motion for summary
judgment is served, or if there be none, before
introduction of evidence at the trial or hearing.

If a counterclaim has been pleaded before service

of motion to dismiss, the dismissal is limited to the
complaint. It shall be without prejudice to the right
of the defendant to prosecute his counterclaim in a
separate action unless within 15 days from notice
of the motion he manifests a preference to have it
resolved in the same action.

Unless specified, a dismissal is without prejudice.

Note also that a class suit shall not be dismissed

or compromised without the approval of the Court.

Court dismissal on its motion or that of

defendant-

Under Section 3, the court can motu propio or upon

motion of the defendant dismiss a complaint when:
(a) If, for no justifiable reason, the plaintiff fails
to appear on the date of the presentation
of his evidence in chief on the complaint
(b) If, for no justifiable reason, plaintiff fails to
prosecute his action for an unreasonable
length of time
(c) If, for no justifiable reason, plaintiff fails to
comply with Rules of Court or any order of
the Court.

A dismissal shall have the effect of an adjudication

on the merits, unless otherwise declared by the
court.
35

The dismissal is without prejudice to the right of the

Page

defendant to prosecute his counterclaim in the

FINALS

36
Page
RULE 18 – PRE-TRIAL DISCUSSION OUTLINE
What is pre-trial-
It is a procedural devise intended to clarify and limit
the basic issues between the parties. Its main
objective is to simplify, abbreviate and expedite
trial, or otherwise dispense with it.
It is a conference or hearing at which the court, with
the cooperation of the parties, seeks to determine
definitively what precisely are the factual issues to
be tried and how each party intends to establish
his position on each disputed factual issue.
In PPA v. City of Iloilo, 406 SCRA 88, it was held
that pre-trial is primarily intended to make certain
that all issues necessary to the disposition of a
case are properly raised. Thus, to obviate the
element of surprise, parties are expected to
disclose at a pre-trial conference all issues of law
and fact, which they intend to raise at the trial,
except such as, may involve privileged or
impeaching matters. The determination of issues
at a pretrial conference bars the consideration of
other questions on appeal.
Notwithstanding, in IBAA v. IAC, 167 SCRA 450,
courts are not required to resolve all issues raised
in a pleading unless necessary for the resolution of
the case.
When conducted-
Section 1 provides that after the last responsive
pleading has been served and filed. The branch
clerk of court shall issue, within 5 calendar days
from filing, a notice of pre-trial which shall be set
not later than 60 days calendar days from the filing
of the last responsive pleading.
Nature and purpose-
Section 2 provides that pre-trial is by nature
mandatory and should be terminated promptly, the
court shall consider:
1. Possibility of amicable settlement / or
submission to alternative modes of dispute
resolution.
Under the Alternative Dispute Resolution Act,
the alternative modes are:
(a) arbitration
(b) mediation
(c) conciliation
(d) early neutral evaluation
(e) mini-trial, or
(f) any combination of the foregoing.
2. Simplification of the issues
3. Possibility of obtaining stipulations or
admissions of fact and of documents to avoid
unnecessary proof
4. Limitation of number and identification of
the witnesses and the setting of trial dates. Note
the One-Day Examination of a Witness Rule and
the Most Important Witness Rule.
5. Advisability of a preliminary reference of
issues to a commissioner
6. Propriety of judgment on the pleadings,
summary judgment, or dismissing the action if a
valid ground therefor be found to exist.
7. The requirement for the parties to:
(a) mark their evidence if not yet marked in the
judicial affidavits,
(b) examine and make comparisons of the
adverse parties’ evidence vis-à-vis the
copies to be marked,
(c) manifest for the record stipulations
regarding the faithfulness of the
reproductions and the genuineness and
due execution of the adverse parties’
evidence,
(d) reserve evidence not available at pre-trial,
but only in the following manner:
1. for testimonial evidence, by giving
the name or position and the nature of the
testimony of the witness, and
2. for documentary evidence and
object evidence, by giving a particular
description of the evidence. No reservation
shall be allowed if not made in the manner
described.
8. Such other matters as may aid in the
prompt disposition of the action
The failure without just cause of a party and
counsel to appear during pre-trial, despite notice,
shall result in a waiver of any objections to the
faithfulness of the reproductions marked, or their
genuineness and due execution.
The failure without just cause of a party and/or
37
counsel to bring the evidence required shall be
deemed a waiver of the presentation of such
Page
evidence.

The branch clerk of court shall prepare the minutes
of the pre-trial in accordance with the prescribed
format.
Pre-trial brief-
Section 6 requires that a pre-trial brief must be filed
and served on the adverse party at least 3 days
before the pre-trial containing:
1. A concise statement of the case
and the reliefs prayed for.
2. Summary of admitted facts and
proposed stipulation of facts
3. The main factual and legal
issues to be tried or resolved.
4. The propriety of referral of
factual issues to
commissioners.
5. The documents or other object
evidence to be marked, stating
the purpose thereof.
6. The names of the witnesses
and the summary of their
respective testimonies.
7. A brief statement of the points
of law and citation of authorities.
The failure to file a brief shall have the same effect
as failure to appear.
In Vera v. Rigor (G.R. No. 147377, August 10,
2007) it was held that the court cannot conduct a
pre-trial without the parties filing their pre-trial
briefs.
Notice of pre-trial-
Section 3 provides that the notice of pre-trial shall
include the dates set for:
a) pre-trial,
b) court-annexed mediation, and
c) judicial dispute resolution, if necessary.
It shall be served on counsel, or party if not
represented by counsel. Counsel is charged with
the duty to notify the party.
Non-appearance at any of the settings shall be
deemed as non-appearance at the pre-trial and
shall merit the same sanctions under Section 5,
Rule 18.
In PNB v. Perez (G.R. No. 187640, June 15,2011),
it was held that notice is so important as the
court cannot conduct a pretrial without it. If pre-trial
is conducted it is void, together with all other
subsequent proceedings. Further, it would be
grave abuse of discretion for the court to allow
plaintiff to present his evidence ex parte for failure
of the defendant to appear before the pre-trial who
did not receive through counsel a notice of pre-
trial. This and other similar rulings need to be
reconciled with the rule on presumptive notice.
Whose presence is required at pre-trial-
Section 4 requires parties and counsel to be
present during the pre-trial, court-annexed
mediation, and judicial dispute resolution, if
necessary.
A party may be excused only for:
a) acts of God,
b) force majeure, or
c) duly substantiated physical inability.
A representative shall appear duly authorized in
writing to do the following:
(1) enter into amicable settlement;
(2) submit to alternative modes of dispute
resolution;
(3) enter into stipulations / admissions of fact /
documents.
Effect of failure to appear -
Section 5 provides that if plaintiff and counsel fail
to appear despite due notice, he may be declared
non-suited and the complaint is dismissed. The
dismissal shall be with prejudice, unless otherwise
ordered by the court. If defendant and counsel fail
to appear despite due notice, plaintiff is allowed to
present his evidence ex-parte within 10 calendar
days from termination of the pre-trial and the court
may render judgment on the basis of the evidence
offered.
Pre-trial order -
Section 7 provides that upon termination of the
pre-trial, the court shall issue an order within 10
calendar days, which shall recite in detail the
matters taken up. The order shall include:
38
1. An enumeration of admitted facts.
Page
2. The minutes of the pre-trial conference,
3. The legal and factual issue/s to be tried.
4. The applicable law, rules and
jurisprudence.
5. The evidence marked.
6. The specific trial dates for continuous trial,
which shall be within the period provided by the
Rules.
7. The case flowchart to be determined by the
Court, which shall contain the different stages of
the proceedings up to the promulgation of the
decision and the use of time frames for each stage
in setting the trial dates.
8. A statement that the one-day examination
of witness rule and the most important witness rule
under A.M. 03-1-09-SC (Guidelines for Pre-Trial)
shall be strictly followed; and
9. A statement that the court shall render
judgment on the pleadings or summary judgment
as the case may be.
The order shall also state the following: (Contents)
(a) the direct testimony of the
witnesses for the plaintiff shall be in
the form of judicial affidavits. After
the identification of such affidavits,
cross-examination shall proceed
immediately.
(b) postponement of the presentation
of the parties’ witnesses at a
scheduled date is prohibited,
except if based on acts of God,
force majeure or duly substantiated
physical inability of the witness to
testify. The party who caused the
postponement is warned that
presentation of his evidence must
still be terminated within the
remaining dates previously agreed
upon.
(c) should the opposing party fail to
appear without valid cause as
stated in the preceding paragraph,
the presentation of the witness shall
proceed with the absent party being
deemed to have waived the right to
interpose objections and conduct
cross-examination.
The contents of the pre-trial order shall control the
subsequent proceedings, unless modified before
trial to prevent manifest injustice.
Court annexed mediation-
Section 8 provides that after pre-trial, and after the
issues have been joined, the court shall refer the
parties to mandatory court annexed mediation.
The period for court annexed mediation shall not
exceed 30 calendar days without further extension.
Judicial dispute resolution-
Under Section 9, only if the judge of the court to
which the case was originally raffled is convinced
that settlement is still possible, the case can be
referred to another court for judicial dispute
resolution.
The judicial dispute resolution shall be conducted
within a non-extendible period of 15 calendar days
from notice of the failure of court-annexed
mediation.
If judicial dispute resolution fails, trial before the
original court shall proceed on the dates agreed
upon.
All proceedings during court annexed mediation
and judicial dispute resolution shall be confidential.
JUDGMENT AFTER PRE-TRIAL
Section 10 provides that should there be no more
controverted facts, or no more genuine issue as to
any material fact, or an absence of any issue, or
should the answer fail to tender an issue, the court
shall, without prejudice to party moving for
judgment on the pleadings or summary judgment,
motu propio include in the pre-trial order that the
case be submitted for summary judgment or
judgment on the pleadings, without need for
position papers or memoranda.
In such cases, judgment shall be rendered within
90 calendar days from termination of pre-trial.
The order of the court to submit the case for
judgment pursuant to this Rule shall not be subject
to appeal or certiorari.
39
Page
 RULE 19 – INTERVENTION DISCUSSION
OUTLINE
Who may intervene-
Section 1 provides that a person who:
(a) has a legal interest in the matter in litigation
(b) has legal interest in the success of either of
the parties
(c) has an interest against both or
(d) is so situated as to be adversely affected
by a distribution or other disposition of
property in the custody of the court or an
officer thereof can intervene in an action.
The interest, which entitles a person to intervene
in a suit, must be in the matter in litigation and of
such direct and/or immediate character that
intervenor will either gain or lose by direct legal
operation and effect of judgment.
Intervention is merely collateral or accessory or
ancillary to the principal action and not an
independent proceeding. Hence, with the final
dismissal of the original action, the complaint in
intervention can no longer be acted upon.
(a) It will unduly delay or prejudice the
adjudication of the rights of the original
parties, or
(b) Intervenor’s rights may be fully protected in
a separate proceeding.
Pleadings in intervention-
Section 3 provides that the pleadings in
intervention are:
(a) Complaint in Intervention, if he asserts a
claim against either or all of the original
parties, or
(b) Answer in Intervention, if he unites with the
defending party in resisting the claim of the
plaintiff.
Period for the filing of a responsive pleading-
If granted, Section 4 requires the complaint in
intervention to be responded to within 15 days from
notice of the order admitting the same unless the
court fixes a different period. If the answer in
intervention pleads an actionable document, a
reply must be filed within 15 days from notice of the
order of admission.

In Pulgar v. RTC (G.R. No. 157583, September 10,

2014) it was held that intervention is never an
independent action, but is ancillary and
supplemental to the existing litigation. Its purpose
is not to obstruct or unnecessarily delay the placid
operation of the machinery of trial, but merely
afford one not an original party, yet having a
certain right or interest, in the pending case, the
opportunity to appear and be joined so he could
assert or protect such right or interests.

How and when can a person intervene-

Section 2 provides that a person can intervene by

filing of a motion for leave of court to intervene,
attaching thereto a copy of the pleading in
intervention, which is then served on the original
parties at any time before rendition of judgment by
the trial court.

In Collado v. CA (G.R. No. 107764, October 2,

2002), it was held that in the interest of
substantial justice, intervention was allowed even
on appeal on the reasoning that the rules were
promulgated not to hinder or delay justice but to
facilitate and promote the administration of justice.
The primary objective being to facilitate the rival
claims of the parties.
40

Section 1 also provides that the court may refuse

Page

leave when
 RULE 20 – CALENDAR OF CASES
RULE 21 – SUBPOENA
RULE 22 – COMPUTATION OF TIME
DISCUSSION OUTLINE
RULE 20
Maintenance of the court calendar-
Section 1, requires that the clerk of court, under the
direct supervision of a judge, shall keep a calendar
for
(a) pre-trial
(b) trial
(c) trials that were adjourned or postponed
(d) those with motions set for hearing.
In fixing the calendar, preference is given to
habeas corpus, election cases, special civil actions
and those required by law.
Assignment of cases-
Section 2 requires that the assignment of cases
shall always by raffle done in open session of
which adequate notice shall be given to afford
interested parties the opportunity to be present.
The purpose is to obviate public suspicion
regarding assignment of cases to predetermined
judges.
RULE 21
What is a subpoena-
Section 1 defines a subpoena as a process
directed to a person requiring him to attend and
testify at the hearing or trial of an action, or at any
investigation conducted by competent authority, or
the taking of his deposition.
The kinds of subpoena are:
(a) Subpoena Ad Testificandum if it directs
and requires a person to attend and testify,
or
(b) Duces Tecum if it requires him to bring
books/documents/or other things under his
control.
A subpoena is issued by-
Section 2 provides that a subpoena is issued by
(a) The court before whom the witness is
required to attend
(b) The court where deposition is to be taken
(c) Officer or body authorized by law to do so
in connection with investigations that it may
conduct
(d) Any justice of the Supreme Court/Court of
Appeals in any case or investigation
pending within the Philippines.
When an application is made, the judge or officer
shall examine and study carefully such application
to determine whether it is being made for a valid
purpose.
Section 5 requires that in connection with the
taking of a deposition, proof of service of a
notice to take a deposition, as provided in Section
15 and 25 of Rule 23, shall constitute sufficient
authorization for the issuance of subpoena to the
person named in the notice by the clerk of court of
the place where the deposition is to be taken.
However, the clerk of court shall not issue a
subpoena duces tecum without a court order.
In Collado v. Bravo (356 SCRA 411), it was held
that absent any proceeding, suit or action,
commenced or pending before a court, a
subpoena may not issue.
When is a witness not bound by a subpoena-
A witness is not bound when:
1. Under Section 10, he resides more than
100 kilometers from his residence to the place
where he is to testify by the ordinary course of
travel. This is also called the viatory right of the
witness or the right not to be compelled to testify
in a civil case if he lives more than 100 kilometers
from his residence to the place where he is to
testify by ordinary course of travel.
2. Under Sections 2 and 10, he is a detention
prisoner, if no permission of the court in which his
case is pending is obtained or if the witness is a
prisoner sentenced to death, reclusion perpetua or
life imprisonment and is confined in a penal
institution, if authority of the Supreme Court to
bring out the prisoner has not been obtained. The
court should examine and study the application
properly to determine if it is being made for a valid
purpose.
Form and contents of subpoena-
Section 3 provides that a subpoena must contain
the following:
(a) Name of the court
41
(b) Title of action/investigation and is to be directed
to the person whose attendance is required. If
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duces tecum, in addition, it must contain a
reasonable description of the books, documents,
things demanded which is must appear to the
Court to be prima facie relevant.
How is a subpoena served-
Section 6 provides that it is to be served in the
same manner as personal or substituted service of
summons, original is to be exhibited and delivered
to person on whom it is served and must be made
so as to allow the witness a reasonable time for
preparation or travel to the place of attendance.
Tender of the fees for one day attendance at the
kilometrage allowed by Rules shall also be made
except if subpoena is issued by or on behalf of the
Republic of the Philippines or an officer or agency
thereof. If it is a subpoena duces tecum, the cost
of production of books, papers or things must also
be tendered.
Grounds to quash a subpoena-
Section 4 provides that if it is a subpoena duces
tecum, it may be quashed on motion promptly
made, and, in any event, at or before the time
specified therein, on the following grounds:
(a) It is unreasonable and oppressive
(b) Relevancy of the books, documents or
things do not appear
(c) Person in whose behalf subpoena is
issued fails to advance the reasonable
costs of the production thereof.
If it is a subpoena ad testificandum, it may be
quashed on the ground that the witness is not
bound by the subpoena
Regardless of the kind of subpoena, it can be
quashed on the ground that the witness fees and
kilometrage allowed by the rules were not tendered
when subpoena was served. Under A.M. No. 04-
2-04-SC, witness fees shall be PHP 200.00 a day
inclusive of all expenses
Can a person be compelled to appear and
testify without a subpoena-
Under Section 7, a person can be compelled to
appear and testify without a subpoena when he is
present in court, in which event it is as if he were
in attendance upon subpoena issued by the Court.
Consequences of disobedience to a subpoena-
The consequences of disobedience to a subpoena
are:
(a) Under Section 8, he may be arrested and
brought before the Court where his
attendance is required, the cost of warrant
and seizure shall be paid by the witness if
the Court finds disobedience to be willful
and without just excuse.
(b) Under Section 9, he may be cited in
contempt by the court from which the
subpoena is issued. If not issued by a
Court, then in accordance with the
applicable rule or law.
RULE 21
How time is computed-
The day of the act / event from which the
designated period of time begins to run is excluded
and date of performance included.
If the last day falls on a Saturday, Sunday or legal
holiday in the place where the Court sits, the time
shall not run until the next working day.
Should a party desire to file any pleading, even a
motion for extension of time to file a pleading, and
the last day falls on a Saturday, Sunday or a legal
holiday, he may do so on the next working day. In
case the motion for extension is granted, the due
date for the extended period shall be counted from
the original due date, not from the next working day
on which the motion for extension was filed.
Effect of interuptions -
1. Allowable period after interruption shall
start to run on the day after, notice of the cessation
of the cause thereof. The day of the act that caused
cessation shall be excluded in the computation of
the period.
2. Rule on computation of time dies not apply
to prescription of offenses or causes of action.
Hence, if the last day falls on a Saturday, Sunday
or legal holiday, it prescribes on the said date.
42
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 RULES 23 AND 24- DEPOSITIONS
DISCUSSION OUTLINE
PART 1
What is discovery-
Discovery refers to the methods used by the
parties to a civil action to obtain information held
by the other party that is relevant to the action.
The modes of discovery-
The modes of discovery are:
(a) Deposition pending action under Rule 23
(b) Deposition before action or pending appeal
under Rule 24
(c) Interrogatories to parties under Rule 25
(d) Request for admission by adverse party
under Rule 26
(e) Production or inspection of documents and
things under Rule 27
(f) Physical and mental examination of
persons under Rule 28.
Depositions-
A deposition is the taking of the testimony of any
person, whether he be a party or not, but at the
instance of a party to the action.
This testimony is taken out of court by oral
examination or written interrogatory.
Depositions pending actions can be taken-
Under Section 1, Rule 23:
With leave of court, after jurisdiction has been
acquired or obtained over any defendant or over
property which is the subject of the action as the
issues are not yet joined and disputed facts are not
yet clear or if a person is confined in a prison with
leave of court only, on such terms that the Court
may prescribe.
Without leave of court, after an answer has been
served.
Deposition before action can be taken-
Under Section 1, Rule 24
By the filing of a verified petition by a person
desiring to perpetuate his testimony or that of any
person in relation to any matter cognizable in any
court in the Philippines in the Court in the place of
residence of the expected adverse party.
The contents of the petition which shall be entitled
in the name of the petitioner and should show:
(a) That petitioner expects to be a party to an
action in a Court in the Philippines but is
presently unable to bring it or cause it to be
brought
(b) The subject matter of the expected action
and his interest therein
(c) The facts that he desires to establish by the
proposed testimony and his reasons for
desiring to perpetuate it
(d) The names or description of the person he
expects will be adverse parties and their
addresses so far as known
(e) The names and addresses of the persons
to be examined and the substance of the
testimony which he expects to elicit from
each and shall then ask for an order
authorizing the petitioner to take the
depositions of the persons to be examined
named in the petition for the purpose of
perpetuating their testimony.
To Perpetuate means to preserve or make
available testimony for later use at a trial by means
of deposition.
After the petition is completed, the petitioner shall
serve a notice upon each person named in the
petition as an expected adverse party, together
with a copy of the petition stating that: he will apply
to the Court at a time and place stated therein, for
the order described in the petition.
At least 20 days before the date of the hearing, the
Court shall cause notice thereof to be served on
the parties and prospective deponents in the
manner provided for service of summons.
If the Court is satisfied that the perpetuation of
testimony may prevent a failure of justice or delay
of justice, it shall make an order designating or
describing the persons whose depositions are to
be taken, specifying the subject and whether it will
be upon oral execution or written interrogatories
under Rule 23.
For purposes of applying Rule 23, references to
the court in which the action is pending shall be
deemed to refer to the court in which petition for
such deposition is filed.
A deposition taken under the Rule or although not
so taken, it would be admissible in evidence, it may
be used in any action involving the same subject
matter contained in petition subsequently brought
43
in accordance with Sections 4 and 5 of Rule 23.
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Deposition pending appeal can be taken-

Under Section 7, Rule 24:
If appeal is taken from a judgment of a Court
including the CA in proper cases or before the
taking of an appeal if the time therefore has not yet
expired. The Court that rendered judgment may
allow taking of depositions of witnesses to
perpetuate their testimony for use in the event of
further proceedings in the said Court.
It is initiated by a party making a motion in said
Court for leave to take depositions – upon the said
notice and service thereof as if the action was
pending therein, the motion should state: (a) name
and addresses of persons to be examined and
substance of testimony to be elicited (b) reasons
for perpetuating testimony.
If Court finds that it is proper to avoid failure or
delay of justice, it may allow the depositions to be
taken and used in the same manner and under
same conditions as prescribed for depositions in
pending actions.
Who can be deposed, how, and upon whose
initiative-
Any person, whether a party or not, upon oral
examination or written interrogatory upon the
initiative of any party.
Scope of a deposition-
Under Section 2, Rule 23, the deponent may be
examined regarding any matter, not privileged,
which is relevant to the subject of the pending
action whether it relates to a claim or a defense of
any other party.
Including the existence, description, nature,
custody, condition, and location of any books,
documents or other tangible things and the identity
and location of persons having knowledge of
relevant facts.
Although Section 16, Rule 23 provides that the
taking and scope of a deposition after notice is
served for it’s taking by oral examination may be
limited.
Upon motion seasonably filed, by a party or the
person to be examined, and for good cause
shown, the court in which the action is pending
may order:
(a) Deposition not be taken
(b) It be taken only at some designated place
other than that stated in the notice
(c) It be taken only on written interrogatories
(d) That certain matters shall not be inquired
into
(e) That scope of the examination shall be held
without anyone present except the parties
to the action, and their officers of counsel
(f) That after depositions are sealed, they
shall be opened only by order of the court
(a) (g)That secret processes, developments or
research need not be disclosed
(b) (h)That parties shall simultaneously file
specified documents or information
enclosed in sealed envelopes to be opened
as directed by the Court
(i) That court may make any order which
justice requires to protect the party or
witnesses from annoyance
embarrassment or oppression.
Under Section 18, Rule 23, during the taking of the
deposition, on motion or petition of any party or the
deponent upon showing that the examination is
being conducted in bad faith or in such manner as
to unreasonably annoy, embarrass or oppress the
deponent or a party, the court where the action is
pending or the RTC of the place where deposition
is being taken may order the officer taking the
examination to cease forthwith or limit the scope
as provided in Section 16.
If terminated, it shall be resumed thereafter only
upon order of the Court in which the action is
pending. Upon demand of the objecting
party/deponent, the taking shall be suspended for
the time necessary to make a notice for an order.
In granting/refusing such order, the court may
impose upon either party or upon the witness the
requirement to pay costs/expenses as the Court
may deem reasonable.
Before whom may depositions be taken-
Within the Philippines: a judge, notary public, or
person authorized to administer oaths, at any time
or place if so stipulated in writing by the parties.
In foreign countries: On notice before a secretary
of the embassy or legation or the diplomatic
minister and his staff, consul general, consul, vice
consul or consular agent of the Republic of the
Philippines, or before such person or officer as
may be appointed by commission or letters
rogatory.
44
A Commission is an instrument issued by a court
of justice or other competent tribunal to authorize
Page
persons to take a deposition or do any other act by
authority of such court or tribunal. A Commission
is addressed to officers designated by name or
descriptive title.
Letters Rogatory is an instrument sent in the name
and by authority of a judge or court to another,
requesting the latter to cause to be examined,
upon interrogatories filed in a case pending before
the former, a witness who is within the jurisdiction
of the judge or court to whom such letters are
addressed. Letters Rogatory are addressed to a
judicial authority in a foreign country and may be
applied for and issued only after a commission has
been returned unexecuted.
Who are disqualified to take depositions-
Under Section 13, Rule 23, a person who is a
relative within the 6th degree of consanguinity /
affinity or employee or counsel of any of the parties
or relative within the same degree or employee of
counsel or is financially interested in the action.
Taking of a deposition upon an oral
examination-
The taking is initiated by the giving of reasonable
notice in writing to every other party to the action,
which must state the time / place of the taking of
the deposition and the name and address of the
person to be examined, if known, If not known, a
general description sufficient to identify him or the
particular class or group to which he belongs.
On motion of a party upon whom notice is served,
the court, for cause, may enlarge or shorten the
time.
Officer taking the deposition shall put the witness
under oath and shall personally, or by someone
acting under his direction and his presence record
the testimony of the witness stenographically
unless the parties agree otherwise.
All objections as to the qualifications of the officer
taking the deposition, the manner of taking the
evidence presented, conduct of the parties or any
other objection shall be noted. Any evidence
objected to shall be taken subject to the objections.
Parties served with notice, in lieu of participating in
the taking of the deposition, may submit written
interrogatories, which the officer taking the
deposition shall propound to the witness and
record the answers verbatim.
After the taking of the deposition, and testimony is
transcribed, it is submitted to the witness for
examination and shall be read to or by him, unless
such is waived by the witness and the parties. If
there are changes, in form or substance, which the
witness desires to make, it shall be entered upon
the deposition by the officer with a statement as to
the reason given by the witness as why they are
being made.
The deposition is then signed by the witness,
unless the parties by stipulation waive the signing,
or the witness is ill or cannot be found or refuses
to sign.
If not signed, the officer shall sign it and state on
the record why it was not signed together with
reasons. If there is refusal to sign, the effect is that
the deposition then may be used fully as though
signed, unless on a motion to suppress under Sec
29 (f), pertaining to errors or irregularities in
preparation, the Court holds that the reason for
refusal to sign require rejection of the deposition in
whole or in part.
Once signed, the officer shall certify on the
deposition that the witness was duly sworn to by
him and that the deposition is a true record of the
testimony of the witness. He shall then securely
seal the deposition in an envelope endorsed with
the title of the action and marked “deposition of
_______” to be promptly filed with the court where
the action is pending or sent by registered mail to
the clerk thereof for filing.
Notice of filing shall then promptly be given by the
officer to all parties and upon payment of
reasonable charges; he is to furnish copies of the
deposition to any party or the deponent.
Taking of a deposition upon written
interrogatories-
Party desiring to take the deposition upon written
interrogatories shall serve them upon every other
party with notice stating:
(a) name and address of the person who will
answer them
(b) descriptive title and address of the person
who will take the deposition
(c) Within 10 days, party served may serve
cross-interrogatories on the party
proposing to take the deposition
(d) Within 5 days thereafter, the latter may
serve re-direct interrogatories upon the
party serving cross–interrogatories (5)
within 3 days after being served of re-direct
45
interrogatories, a party may serve re-cross
interrogatories upon party proposing to
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take deposition.

A copy of the notice and copies of all
interrogatories shall be delivered by the party
taking the deposition to officer designated in the
notice, who shall proceed promptly in the manner
provided by Sections 17, 19 and 20 to take the
testimony of the witness in response to the
interrogatories and to prepare, certify, and file /
mail the deposition attaching copies of the notice
and interrogatories.
Officer must promptly give notice of filing / and may
furnish copies to parties and deponent upon
payment of reasonable charges.
Note that Sections 15, 16 and 18 are applicable
and that by motion, it can be asked that the
deposition be upon oral examination.
Effect of non-appearance-
If party giving notice fails to appear and another
attends in person or by counsel, the Court may
order the party giving notice to pay reasonable
expenses incurred to attend, including reasonable
attorney’s fees.
If party giving notice does not serve subpoena and
the witness does not appear, court can order party
giving notice to pay reasonable expenses for
attendance plus attorney’s fees to a party who
appears in person or by counsel.
RULES 23 AND 24- DEPOSITIONS
DISCUSSION OUTLINE
PART 2
Effect of taking and using depositions –
Section 7, Rule 23 provides that a party shall not
be deemed to make a person his own witness by
taking his deposition. Consequently, the deponent
must be called to testify at the trial and as provided
by Section 3, Rule 23, he may be examined and
cross-examined under Sections 3 to 18, Rule 132.
Section 8, Rule 23 provides that if it is introduced
in evidence in whole or in part for any purpose
other than contradicting or impeaching the
deponent, such makes the deponent the witness
of the party introducing the deposition. The
exception is when the deponent is a representative
of a juridical entity that is party as provided in
paragraph (b) Section 4 of Rule 23.
Section 9 provides that at the trial or hearing, any
party may rebut any relevant evidence contained
in a deposition whether introduced by him or by
any other party. This is called rebutting a
deposition.
Use of deposition-
Section 4 provides that:
A deposition can be used at the trial, upon the
hearing of a motion or an interlocutory proceeding.
Any part or all of a deposition, so far as admissible
under the rules of evidence may be used against
any party who was present, or represented at the
taking or had due notice thereof, in accordance
with the following:
1. May be used by any party for the purpose
of contradicting or impeaching the testimony of
deponent as a witness
2. Deposition of a party or anyone who at the
time of the taking was an officer, director, or
managing agent of a public or private corporation,
partnership or association which is a party may be
used by an adverse party for any purpose
3. Deposition of a witness, party or not, may
be used by any party for any purpose if the court
46
finds that:
Page
(1) witness is dead
 (2) witness resides more than 100 kilometers
from the place of trial/hearing or is out of
the Philippines unless, it appears that his
absence is procured by the party offering
the deposition
(3) witness is unable to attend/testify because
of age, sickness, infirmity or imprisonment
(4) party offering the deposition has been
unable to procure the attendance of the
witness by subpoena
(5) upon application and notice, exceptional
circumstances exist as to make it desirable
in the interest of justice and with due regard
to the importance of presenting the
testimony of witness in open court, to allow
the deposition to be used.
4. If only a part of the deposition is offered in
evidence by a party, the adverse party may require
him to introduce all of which that is relevant to the
part introduced, and any party may introduce the
other parts.
Use of the deposition for other actions-
Section 5, Rule 23 provides that the substitution of
parties does not affect the right to use depositions
previously taken, when the action is dismissed and
another action involving the same subject is
afterward brought between the same parties or
their representatives or successors in interest, all
depositions lawfully taken and duly filed in the
former action may be used in the latter.
Resolution of objections when depositions are
presented-
Section 6, Rule 23 provides that subject to the
provisions of Section 29, objections may be made
at the trial or hearing to receive in evidence any
deposition or part thereof for any reason which
would require the exclusion of the evidence if the
witness were then present and testifying.
Section 29 provides that specific objections
are resolved as follows:
 As to notice, they are waived unless
written objection is promptly served upon
the party giving the notice
 As to disqualification of the officer, it is
waived unless made before the taking of
the deposition or as soon thereafter as the
disqualification becomes known or could
be discovered with reasonable diligence.
 As to competency relevancy of
evidence, as to competency of the witness
or competence, relevancy or materiality of
the evidence or testimony, they are not
waived by the failure to make them before
or during the taking of the deposition unless
the ground of the objection is one, which
might have been obviated or removed if
presented at that time
 As to oral examination and other
particulars, errors and irregularities
occurring at the oral examination in the
manner of taking, the form of the questions
and answers, in the oath or affirmation, or
the conduct of the parties and errors of any
kind which might be obviated, removed or
cured it promptly, prosecuted, are waived,
unless reasonable objection thereto is
made at the taking of the deposition.
 As to the form of written interrogatories,
the objections are waived unless served in
writing upon party propounding them within
the time allowed for the serving of
succeeding cross or other interrogatories
and within 3 days after service of the last
interrogatory authorized.
 As to manner of preparation, objections
as to the manner in which the testimony is
transcribed, or the deposition is prepared,
signed certified, sealed, indorsed,
transmitted, filed, or otherwise dealt with by
the officer are waived, unless a motion to
suppress the deposition or part thereof is
made with reasonable promptness after
such defect is, or with due diligence, might
have been ascertained.
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 RULE 25- WRITTEN INTERROGATORIES
DISCUSSION OUTLINE
Purpose of a written interrogatory-
The purpose of a written interrogatory is to enable
any party desiring to elicit material or relevant facts
from any adverse party.
Section 1 provides that this is undertaken by the
filing and service upon the adverse party of a
written interrogatory to be answered by the party
served or if party is public or private corporation or
a partnership or association by any officer thereof
competent to testify in its behalf subsequent to an
ex-parte motion.
Responses to a written interrogatory-
Section 2 provides that the interrogatories shall be
answered fully in writing and shall be signed and
sworn to by the person making them, within 15
days from service, unless the Court on motion and
for good cause shown extends or shortens the
time.
Section 3 provides that objections, if any, may be
presented to the court within 10 days after service
of notice as in the case of a motion, answers shall
then be deferred until objections are resolved,
which shall be as early a time as is practicable.
Number of interrogatories-
Section 4 provides that no party may, without leave
of court, serve more than one set of interrogatories
to be answered by the same party.
Scope and use -
It may relate to any matters that can be inquired
into under Section 2, Rule 23 and the answers
used for the same purpose provided for by Section
4, Rule 23.
Effect of failure to serve written interrogatories
- Objections, if any shall be submitted to the Court
Section 6 provides that unless thereafter allowed
by the court for good cause shown and to prevent
failure of justice, a party not served with written
interrogatories may not be compelled by the
adverse party to give testimony in open court or
give a deposition pending appeal.
Distinguishing deposition upon written
interrogatories and written interrogatories-
Any person, party or not can be required to or
compelled to give a deposition upon written
interrogatories, while only the adverse party may
be compelled to answer a written interrogatory.
A deposition upon written interrogatory is taken
before an officer, while an adverse party without
appearing before an officer shall answer them in
writing and under oath.
RULE 26 – REQUESTS FOR ADMISSIONS
DISCUSSION OUTLINE
Defined-
It is a written request for the:
(1) admission of the genuineness of any material
and relevant document described in and exhibited
with the request or
(2) the truth of any material or relevant matter of
fact set forth in the request.
When it can be made-
Section 1 provides that a party may file and serve
a request for admission upon any other party at
any time after the issues have been joined.
Effect of filing and service upon any other
party-
Section 2 provides that each of the matters of
which an admission is requested shall be deemed
impliedly admitted unless, within a period
designated in the request, which shall not be less
than 15 days after service thereof or such period
which the Court will allow on motion, the party
served files and serves upon the requesting party
a sworn statement, either denying specifically the
matters is setting forth in detail the reason why he
cannot truthfully either admit or deny.
within the period for complying and prior to filing of
the sworn statement. Compliance is then deferred
until objections are resolved, which resolution
should be done as early as practicable.
Effect of admissions -
Section 3 provides that the admissions will only be
for the purpose of the pending action only and shall
48
not constitute an admission by him for any purpose
or used against him in any other proceeding.
Page
Although under Section 4, any admission, express
or implied may be allowed by the court to be
withdrawn or amended upon such terms as may
be just.
Effect of failure to serve-
Section 5 provides that unless otherwise allowed
by the Court for good cause and to prevent failure
of justice, a party who fails to serve a request for
admission of material or relevant facts at issue on
the adverse party, which are or ought to be within
the latter’s personal knowledge, shall not be
permitted to present evidence on such facts.
RULE 27 – PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS
DISCUSSION OUTLINE
How availed of-
On motion of any party showing good cause, the
court where the action is pending may order,
specifying the time, place and manner and
prescribing such terms and conditions as are just,
that:
Any party to produce and permit the inspection,
copying, photographing, by or on behalf of a
having party of any designated documents,
papers, books, accounts, letters, photographs,
objects or tangible things, not privileged which
constitute or contain evidence material to any
matter involved in the action which are in his
possession and control.
Any party permit entry upon designated land or
other property in his possession or control for the
purpose of inspecting, measuring, surveying or
taking photographs of the property or any
designated relevant object or operation thereon.
This mode of discovery is resorted to determine
the contents or status of documents or things
and/or the preservation of the same.
In Solidbank Corporation v. Gateway Electronics
Corporation (553 SCRA 256), it was held that
the requisites that have to be complied
with to compel the other party to produce or
allow the inspection of documents or things
are:
(a) the party must file a motion showing good
cause
(b) notice of the filing of the motion must be
served on all parties
(c) the motion must designate the papers or
things that are to be produced and
inspected
(d) such papers or things are not privileged
(e) that they constitute or contain evidence
material to any matter involved in the
litigation, and
(f) that they are in possession, control or
custody of the other party.
RULE 28- PHYSICAL AND MENTAL
EXAMINATION OF PERSONS
DISCUSSION OUTLINE
How availed of-
Section 1 provides that it can be availed of in an
action in which the mental or physical condition of
a party is in controversy, a court in its discretion,
can order him to submit to physical or mental
examination by a physician.
Section 2 provides that it can be ordered only upon
motion for good cause shown, with notice to the
party to be examined and to all other parties,
specifying the time, place, manner, condition and
scope of the examination and person/s by whom it
is to be made.
Report of findings-
Section 3 provides that once the examination is
completed, the party examined may request a
copy of the detailed written report of the examining
physician setting forth his findings and
conclusions.
If requested and delivered, the party causing
examination to be made is entitled to request and
receive from examined party a like report of the
examination, previously or thereafter made, of the
same mental or physical condition.
If the party examined refuses the request, the court
on motion may order delivery by the party
examined on such terms as are just, and if the
physician fails or refuses to make such report, his
testimony may be excluded if his testimony is
offered at trial.
Section 4 provides that a waiver of privilege is
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caused by requesting and obtaining a report of the
examination ordered or by taking the deposition of
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the examiner, the party examined waives any
privilege he may have in that action or any other
involving the same controversy regarding the
testimony of every other person who has examined
or may thereafter examine him in respect of the
same mental or physical examination.
RULE 29 – REFUSAL TO COMPLY WITH
MODES OF DISCOVERY
DISCUSSION OUTLINE
Refusal to answer or to be sworn-
Section 2 provides that if there is a refusal to
answer upon being directed to do so by the court
of the place where the deposition is being taken or
refusal to be sworn, it will constitute contempt of
court.
However, a citation in contempt shall ensue after
the following steps as provided by Section 1 have
been followed:
If the party or a deponent refuses to answer any
question upon oral examination, the deposition
may be completed on other matters or adjourned
as the proponent may prefer.
The proponent may then apply for an order to
compel an answer in the proper court where the
deposition is being taken. This is also applicable to
interrogatories.
If granted, the court can order that answer be
made and if it finds that refusal is without
substantial justification, it may impose upon
deponent or counsel advising that no answer be
given or both, reasonable expenses and attorney’s
fees in obtaining the order. If denied and the court
finds application was filed without substantial
justification, the proponent or counsel advising
application or both may in the same manner be
sanctioned.
Other consequences-
Section 3 provides that in addition to a citation for
contempt for refusal to answer or be sworn, and in
connection with an order for production or
inspection under Rule 27 or an order to submit to
a physical or mental examination under Rule 28,
the Court may issue an:
1. Order that the matters regarding which
the questions are asked, character or
description of thing or land, contents of
a paper or physical or mental condition
of a party shall be taken to be
established in accordance with the
claim of the party obtaining the order.
2. Order refusing to allow the disobedient
party to support or oppose designated
claims or defenses, or prohibiting him
from introducing in evidence the
designated things or documents or
items of testimony or from introducing
evidence of physical or mental
condition.
3. Order striking out pleadings or parts
thereof or staying proceedings until the
order is obeyed, dismissing the action
or proceeding or any part thereof, or
rendering judgment by default against
the disobedient party.
In lieu or in addition to orders, the disobedient party
can be ordered arrested except in relation to a
physical or mental examination.
Expenses on refusal to admit-
Section 4 provides that if the requested party
serves a sworn denial and the party serving
request proves genuineness or the truth of the
matters denied, he may apply for an order directing
the requested party to pay expenses incurred in
making proof plus attorney’s fees.
This order is issued except if court finds good
reasons for denial or the admissions being sought
were of no substantial importance.
Failure to appear a party to appear or to serve
answers to written interrogatories-
Section 5 provides that if there is a failure on the
part of a party, or of an officer or managing agent,
to willfully appear before the officer taking the
deposition, after being served with a proper notice,
or a failure to serve answers to written
interrogatories properly served, court may on
motion and notice:
(a) strike out all or any part of the pleading of
that party
(b) Dismiss the action or proceeding or any
part thereof
(c) Enter judgment by default against that
party, and
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(d) In its discretion, order payment of
reasonable expenses and attorney’s fees.
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Exemption from assessed attorney’s fees and
expenses-

Section 6 provides that no expenses or attorney’s

fees are to be assessed against the Republic of the
Philippines under this Rule.

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