H.

Motions (Rule 15)

Rule 15, Rules of Court. Note the amendments in the following sections of Rule
15: Sec. 2; Sec. 4 (new version); Sec. 5 (new version); Sec. 6 (formerly Sec. 5);
Sec. 8 (formerly Sec. 7); Sec. 12 (new); Sec. 13 (formerly Sec. 6 of Rule 16)

1. Motions in general

a. Definition of a motion
b. Motions versus pleadings
c. Kinds of motions
(i) Non-litigious motions
(ii) Litigious motions
(iii) Prohibited motions
(iv) Pro forma motions
d. Hearing of motions and resolution thereof
e. Omnibus motion rule

De los Reyes v. Ramnani, G.R. No. 169135, June 18, 2010

Ramos v. Teves, A.M. No. P-12-3061, June 27, 2012; see Pojas v. Gozo-Dadole,
192 SCRA 575

2. Motions for bill of particulars (Rule 12)

a. Purpose and when applied for

b. Actions of the court
c. Compliance with the order and effect of noncompliance
d. Effect on the period to file a responsive pleading

Rule 12 virtually remained unchanged.

3. Motion to dismiss (formerly Rule 16)

Note that Rule 16 has been deleted or transposed. You should identify where
the provisions of Rule 16 were transposed and which provisions of the Rule
have been deleted.

Note Art. 151, Family Code

Obando v. Figueras, 322 SCRA 148;
J.O.S. Managing Builders, Inc. v. United Overseas Bank Philippines, G.R. No.
219815, September 14, 2016
Film Development Council of the Philippines v. SM Prime Holdings Inc., G.R. No.
197937, April 3, 2013
Caltex (Philippines), Inc. v. Aguirre, G.R. Nos. 170746-47, March 9, 2016
Moreno v. Kahn, G.R. No. 217744, July 30, 2018
Heirs of Magdaleno Ypon v. Ricaforte, G.R. No. 198680, July 8, 2013, 700 SCRA
778
Apostolic Vicar of Tabuk v. Spouses Sison, G.R. No. 191132, January 27, 2016
Lansangan v. Caisip, G.R. No. 212987, August 6, 2018
I. Dismissal of actions (Rule 17)

1. Dismissal upon notice by plaintiff; two-dismissal rule

2. Dismissal upon motion by plaintiff; effect on existing
counterclaim
3. Dismissal due to the fault of plaintiff
4. Dismissal of counterclaim, cross-claim or third-party
complaint

FAJ Construction v. Saulog, G.R. No. 200759, March 25, 2015

Macedonio v. Ramo, G.R. No. 193516, March 24, 2014
Ching v. Cheng, G.R. No. 175507, October 8, 2014
Blay v. Baña, G.R. No. 232189, March 7, 2018
Yap-Co v. Uy, G.R. No. 209295, February 11, 2015
Padilla v. Globe Asiatique Realty, G.R. No. 207376, August 6, 2014

J. Pre-trial (Rule 18)

1. Concept of pre-trial
2. Nature and purpose
3. Notice of pre-trial
4. Appearance of parties; effect of failure to appear
5. Pre-trial brief; effect of failure to appear
6. Distinction between pre-trial in civil case and pre-trial in
criminal case
7. Alternative Dispute Resolution (ADR)
8. Judicial Dispute Resolution (JDR)

A.M. No. 03-1-09-SC, August 16, 2004

A.M. No. 12-8-8-SC or Judicial Affidavit Rule
A.M. No. 11-1-6-SC-Philja (Re: Consolidated and Revised Guidelines to
Implement the Expanded Coverage of CAM and JDR) But See R 18, Secs. 9 and
10 JDR no longer mandatory
A.M. No. 14-03-02-SC (Piloting of a New System for Speedy Court Trial), Rule
22 on Preliminary Conference
Sec. 13 (a) and (b), A.M. No. 02-11-10-SC
Sec. 10 (1) and (2), A.M. No. 02-11-11-SC
RA 876
RA 9285
Aguilar v. Lightbringers Credit Cooperative, G.R. No. 209605, January 12, 2015
 K. Intervention (Rule 19)

1. Requisites for intervention

Galicia vs. Manliquez, G.R. No. 155785. April 13, 2007

2. Time to intervene
3. Remedy for the denial of motion to intervene

Mactan-Cebu International Airport Authority v. Heirs of Miñoza, G.R. No.

186045, February 2, 2011
Añonuevo v. Intestate Estate of Rodolfo G. Jalandoni, G.R. No. 178221,
December 1, 2010
Otto Gmur Inc. v. Revilla, 55 Phil. 627
Saw v. Court of Appeals, 195 SCRA 170
Office of the Ombudsman v. Sison, G.R. No. 185954, February 16, 2010; See
contrary rulings: Office of the Ombudsman v. Samaniego, G.R. No. 175573,
September 11, 2008; Office of the Ombudsman v. de Chavez, G.R. No. 172206,
July 3, 2013
Chipiongian v. Benitez-Lirio, G.R. No. 162692, August 26, 2015, 768 SCRA 204

L. Calendar of cases and Computation of Period (Rule 20 and Rule

22)

SM Agri and General Machineries v. NLRC, G.R. No. 74806, January 9, 1989

M. Subpoena (Rule 21)

1. Subpoena duces tecum

2. Subpoena ad testificandum
3. Service of subpoena
4. Compelling attendance of witnesses; contempt
5. Quashing of subpoena

Chan v. Chan, G.R. No. 179786, July 24, 2013

People v. Montejo, L-24154, October 31, 1967
Yu v. Court of Appeals, G.R. No. 154115, November 29, 2005

N. Modes of discovery

1. Depositions pending action; depositions before action or

pending appeal (Rule 23)
a. When depositions may be taken
Rule 23, Sec. 1
b. What may be asked or the scope of examination in the
 taking of the deposition
Rule 23, Sec. 2
c. Before whom the deposition can be taken
Rule 23, Sections 10, 11, 12, 13 and 14
d. Use of deposition
Rule 23, Sec. 4
e. In case deposition is used by any party
Rule 23, Sections 3, 6 and 9
f. Effect on the taking and use of deposition
Rule 23, Sections 5, 7 and 8
g. Oral deposition -- How is it done?
Rule 23, Sec. 15
(i) Things done during the taking of the deposition
Rule 23, Sections 17 and 19
(ii) What officer has to do after the deposition has
been taken
Rule 23, Sections 20, 21 and 22
h. Written deposition – How is it done?
Rule 23, Sec. 25
(i) Things done during the taking of the deposition
Rule 23, Sec. 26
(ii) What officer has to do after the deposition has
been taken
Rule 23, Sec. 27
i. Instances when court intervenes in oral deposition
proceeding:
(i) Before the taking of the deposition
Rule 23, Sec. 16
(ii) During the taking of the deposition
Rule 23, Sec. 18
j. Instances when court intervenes in written deposition
taking
(i) Rule 23, Sec. 28 – same as Sections 15, 16 and
18
(ii) To order that the deposition shall not be taken
before the officer designated in the notice
(iii) To order that it shall not be taken except upon
oral deposition
k. Sanctions
Rule 23, Sections 23 and 24
l. Effects of errors and irregularities in depositions
Rule 23, Sec. 29

2. Depositions before action or pending appeal (Rule 24)

 3. Written interrogatories to adverse parties (Rule 25)
a. Consequences of refusal to answer
b. Effect of failure to serve written interrogatories

Autographics Inc. v. CA, 224 SCRA 198

DFA v. BCA International Corp., G.R. No. 210858, June 29, 2016
Pajarillaga v. Court of Appeals, G.R. No. 163515, October 31, 2008
Dulay v. Dulay, G.R. No. 158857, November 11, 2005
Republic v. Sandiganbayan (Africa), G.R. No. 152375, December 16, 2011
Ayala Land Inc. v. Judge Tagle, G.R. No. 153667, August 11, 2005
Spouses Afulugencia v. Metrobank, G.R. No. 185145, February 5, 2014
Sibayan v. Alda, G.R. No. 23395, January 7, 2018

4. Request for admission (Rule 26)

a. Implied admission by adverse party

b. Consequences of failure to answer request for
admission
c. Effect of admission
d. Effect of failure to file and serve request for admission

5. Production or inspection of documents or things (Rule 27)

6. Physical and mental examination of persons (Rule 28)

7. Consequences of refusal to comply with modes of discovery

(Rule 29)

8. Compare with modes of discovery available in criminal cases

Diman v. Judge Alumbres, G.R. No. 131466, November 27, 1998

Duque v. Yu, Jr., G.R. No. 226130, February 19, 2018
Eagleridge Development Corp. v. Cameron Granville 3 Asset Management, Inc.,
G.R. No. 204700, April 10, 2013
Compare with Criminal Procedure: See Sec. 3 (b), 2nd paragraph, Rule 112
See also Secs. 13 and 15, Rule 119