REMEDIAL LAW – D2023 – MID TERMS

Substantive v. Remedial Law

Substantive Law
creates, defines, and regulates rights
and duties concerning life, liberty or
property
In Bernabe, the Court ruled that the
right to an action for recognition granted
under the CC is a substantive law and
the petitioner had a vested right to file
an action for recognition.
Remedial Law
prescribes the methods of enforcing
those rights and obligations created by
substantive law
In Fabian, the Court ruled that the
transfer of pending cases involving
review of the decision of the OMB in
administrative disciplinary actions to the
CA relates merely on procedure. “This is
because it is not the right of appeal
which is affected. It is only the
procedure by which the appeal is to
be made. The rationale for this is that
no litigant has a vested right”

the test is whether the rule really regulates procedure, that is, the judicial
process for enforcing rights and duties recognized by substantive law and
for justly administering remedy and redress for a disregard or infraction of
them. If the rule takes away a vested right, it is not procedural (Fabian)

A vested right is defined as "one which is absolute, complete and unconditional, to

the exercise of which no obstacle exists, and which is immediate and perfect in itself
and not dependent upon a contingency (Bernabe v. Alejo)"

Why the distinction?

 Whether in the realm of SC’s rule making power
 Whether it may be given retroactive effect
 What can be waived and be relaxed as opposed to those which cannot

GR: Prospective Effect. The 2019 Proposed Amendments to the 1997 Rules of Civil Procedure
shall govern all cases filed after their effectivity on May 1, 2020, and also all pending
proceedings, except to the extent that in the opinion of the court, their application would not be
feasible or would work injustice, in which case the procedure under which the cases were filed
shall govern. (R144)
XP: REMEDIAL or CURATIVE laws; or when it CREATES NEW RIGHTS (Zulueta v. Asia
Brewery)
 When procedural rules do not apply to pending actions:
o where the statute itself or by necessary implication provides that pending actions are
excepted from its operation;
o would impair vested rights;
o would not be feasible or would work injustice; or
o would involve intricate problems of due process or impair the independence of the
courts
Objectives of, and power to promulgate, rules of pleading, practice and procedure
Limits:
o The rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases;
o The rules shall be uniform for courts of the same grade; and

o The rules shall not diminish, increase, or modify substantive rights

o Rules of court, promulgated by authority of law, have the force and effect of law, if
not in conflict with positive law. (Shioji v. Harvey)
Nature of Philippine Courts.
Court Judge
a tribunal officially assembled under authority simply an officer of such tribunal
of law
an organ of the government with a personality Public officer
separate and distinct from the person or
judge; office
Jurisdiction does not attach to the judge but to the court. The continuity of a court and the
efficacy of its proceedings are not affected by the death, resignation, or cessation from the
service of the judge presiding over it. In other words, the judge may resign, become
incapacitated, or be disqualified to hold office, but the court remains.

Original Jurisdiction Appellate Jurisdiction

Court where actions or proceedings are
originally filed with; the jurisdiction to take
cognizance of a case at its inception, try it and
pass judgment upon the law and facts
General Jurisdiction
Those with competence to decide on their own
jurisdiction and take cognizance of all cases,
civil and criminal; includes those with
competence to exercise jurisdiction over cases
not within the jurisdiction of any court,
tribunal, person, or body exercising judicial or
quasi-judicial functions. (ex. RTC)
Exclusive Jurisdiction
Jurisdiction possessed to the exclusion of
others.
The only court where the case may be filed.
Courts with the power of review over
decisions or orders of a lower court
Special Jurisdiction
Those which have jurisdiction only for a
particular purpose, beyond which they have
no authority of any kind. (ex. Sandiganbayan)
Concurrent Jurisdiction
The power of different courts to take
cognizance of the same subject matter
The court first taking cognizance of the case
assumes jurisdiction to the exclusion of the
other courts.

This is subject to the doctrine of hierarchy of

courts
General Provisions
Applicability. The Rules shall govern all courts, expect as provided by the SC. (R1.2) When the
Rules not applicable: (R1.4;ELCANIO)
 Election cases
 Land Registration
 Cadastral
 Naturalization
 Insolvency proceedings
 Other cases not herein provided for, except by analogy, or in a suppletory character and
whenever practicable and convenient

Civil Criminal Special Proceeding

Party sues another for the
enforcement or protection of
a right, or the prevention or
redress of a wrong
Complaint
Private parties
Rules of Court primarily
Not an Ex: Extrajudicial
foreclosure of mortgages
State prosecutes a person for
an act or omission punishable
by law
Complaint/Information
Government and accused
Suppletory
Remedy by which a party
seeks to establish a status, a
right, or a particular fact.
Application/Petition.
If it is for status, need to
include public party – since it
affects public records.
Suppletory
Ex. Matters involving
settlement and distribution of
the estate.

Declaration heirship – cannot

be done in an ordinary civil
suit. (Heirs of Yaptinchay v.
Del Rosario)

Rules on Liberal Construction. Liberally construed in order to promote their objective of

securing a just, speedy and inexpensive disposition of every action and proceeding
 Exceptions to Strict Observance of the Rules (Labao v. Flores)
o (1) most persuasive and weighty reasons;
o (2) to relieve a litigant from an injustice not commensurate with his failure to comply
with the prescribed procedure;
o (3) good faith of the defaulting party by immediately paying within a reasonable time
from the time of the default;
o (4) the existence of special or compelling circumstances;
o (5) the merits of the case;
o (6) a cause not entirely attributable to the fault or negligence of the party favored by
the suspension of the rules;
o (7) a lack of any showing that the review sought is merely frivolous and dilatory;
o (8) the other party will not be unjustly prejudiced thereby;
o (9) fraud, accident, mistake or excusable negligence without appellant's fault;
o (10) peculiar legal and equitable circumstances attendant to each case;
o (11) in the name of substantial justice and fair play;
o (12) importance of the issues involved; and
 o (13) exercise of sound discretion by the judge guided by all the attendant
circumstances.
o ONUS: You must set forth a reasonable, justifiable reason for failure to comply.

Jurisdiction.
 Aspects
o Jurisdiction over the subject matter. Power of the court to hear a particular case
before it. It is conferred by law, thus, cannot be (1) granted by the agreement of the
parties; (2) acquired, waived, enlarged, or diminished by any act or omission of the
parties; or (3) conferred by the acquiescence of the courts. It is determined by the
allegations in the complaint. (R9.1)
 determined by the statute in force at the time of the commencement of the act
on. (People v. Mariano)
 XP: Doctrine of Estoppel by Laches – While jurisdiction over the subject
matter may be raised at any stage of the proceedings since it is conferred by
law, a party may be barred from raising it on the ground of estoppel. Note: need
to have similar facts with Tijam v. Sibonghanoy
o Jurisdiction over the parties (Personal). It is the power of the court to render a
personal judgement against a party. It is commenced by filing of the pleading,
voluntary appearance, service of summons.
o Jurisdiction over the issues.
 Issue: a disputed point or question based on the allegations of the parties; and
upon which they desire to obtain a decision.
 How conferred:
 Allegations of the pleadings – When the defending party specifically
denies the material allegations of the complaint.
 Stipulation – during pretrial
 Waiver or failure to object to presentation of evidence in a matter
not raised in the pleading (R10.5)
o Jurisdiction over the res or thing involved in the litigation. (cf. Jd over
parties) These include everything that may be object of rights – objects, subject
matter, status. It is acquired by:
 By placing the property or thing under its custody (custodia legis) or
constructive seizure
 Statutory authority conferring upon it the power to deal with the property or
thing

Question of Fact Question of Law

When there is doubt as to the truth or falsity When there is doubt as to the applicable law
of the alleged facts in a certain set of facts
There is a need to review the evidence There is no need to examine the probative
presented value of the evidence. It must rely solely on
what the law provides in a given set of facts.
Jurisdiction Exercise of JD
the authority to decide a case, and not the Where there is jurisdiction over the person
decision rendered therein. and the subject matter, the decision on all
other questions arising in the case is but an
exercise of the jurisdiction.
Jurisdiction Venue
Authority to hear and determine a case Place where the case is to be heard or tried
Substantive law Procedural law – hence may be waived
Relation between the court and the subject Relation between plaintiff and defendant
matter
 It is elementary that objections to venue in CIVIL ACTIONS arising from libel may be waived
since they do not involve a question of jurisdiction. In contrast, in CRIMINAL ACTIONS, it is
fundamental that venue is jurisdictional it being an essential element of jurisdiction.

In Nocum v. Tan, the Court allowed an amendment made in a complaint for libel to allege the
proper venue.
Error in Jurisdiction Error in Judgement
where the act complained of was issued by presupposes that the court is vested with
the court without or in excess of jurisdiction, jurisdiction over the subject matter of the
or with GAD amounting to lack of jurisdiction action but in the process of exercising that
jurisdiction it committed mistakes in the
appreciation of the facts and the evidence
leading to an erroneous judgment.

Error on the merits

Void Not Void
Certiorari Appeal
Jurisdiction Cause of Action
Power and authority to hear and determine a It does not relate to the authority, but the
case specific act or omission on which a claim is
based.

Principle of Judiciary Hierarchy. Where courts have concurrent jurisdiction over a subject
matter, such concurrence of jurisdiction does not grant the party seeking relief the absolute
freedom to file a petition in any court of his choice. A case must be filed at the lowest court
possible. (Mangahas v. Paredes)
 Exceptions:
o Special and important reasons clearly stated in the petition
o Dictated by public welfare and advancement of public policy
o When demanded by broader interest of justice
o When the challenged orders were patent nullities
o When analogous exception and compelling circumstances called for and justified the
immediate and direct handling by the Court
o When there are genuine issues of constitutionality that must be addressed at the most
immediate time
o When the issues raised are of transcendental importance

Doctrine of Non-Interference/Judicial Stability. Courts of equal and coordinate JD cannot

interfere with each other’s orders.
Primary Jurisdiction. Courts cannot and will not resolve a controversy involving a question
within the jurisdiction of an administrative tribunal especially where the question demands the
exercise of a sound administrative discretion requiring the special knowledge, experience, and
services of the administrative tribunal to determine technical and intricate matters of fact.
Doctrine of Adherence of Jurisdiction. Once jurisdiction has attached, it cannot be ousted by
subsequent happenings or events, although of a character which would have prevented
jurisdiction from attaching in the first instance. The court retained JD that has been acquired
until full disposal of the case.
 Exceptions (Barrameda v. Rural Bank)
 o There is an express provision in the statute
o The statute clearly is intended to apply to actions pending before its enactment.
o When change in jurisdiction is curative in character

Inherent Powers of the Court. (see R135.5-6) When jurisdiction is conferred by law, all
auxillary writs, processes and other means necessary to carry it into effect may be employed by
such court/officer, even if it is not specifically pointed out by law or by the Rules.
 Note however: The court's power to grant any relief allowed under the law is delimited by the
cardinal principle that it cannot grant anything more than what is prayed for because
the relief dispensed cannot rise above its source.
Residual Jurisdiction. Where normally a trial court loses jurisdiction over a case involved in
the appeal which is when appeals have been perfected or approval of the records, but prior to
transmittal of the records on appeal, the trial court retains its residual jurisdiction to issue
protective orders, approve compromises, permit appeals of indigent litigants, order execution
pending appeal, and allow the withdrawal of the appeal (R41.9; Katon v. Palanca, Jr.)
Rule on Filing Fees. The Court acquires jurisdiction over any case only upon payment of the
prescribed filing fees (Manchester v. CA). Where the filing of the pleading is not accompanied by
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 (Sun Insurance v.
Asuncion)
 When docket fees need not be paid at the commencement of the suit, but may be considered
as a lien on the judgment award (Ibid.):
o Damages arising after filing the complaint of a similar pleading to which the additional
filing fee shall constitute a lien on the judgment
o Indigent litigant
o Failure of adverse party to timely raise the issue of nonpayment of the docket fee
o Civil action is instituted with the criminal action where the damages are not specified in
the complaint.
SUBJECT MATTER JURISDICTION OF VARIOUS COURTS.
SUPREME COURT
ORIGINAL Petition for certiorari, prohibition, mandamus against:
EXCLUSIVE
JURISDICTIO  CA
N  COMELEC en banc
o XP: GAD by the Division.
 the order was issued without jurisdiction or in excess
of jurisdiction or with grave abuse of discretion
tantamount to lack or excess of jurisdiction; and
 under the COMELEC Rules of Procedure, the subject of
the controversy is a matter which (1) the COMELEC en
banc may not sit and consider or (2) a Division is not
authorized to act or (3) the members of the Division
unanimously vote to refer to the COMELEC en banc.

 COA
 SB
 CTA

ORIGINAL With CA – certiorari, prohibition, mandamus against:

CONCURRENT  RTC
JURISDICTIO  CSC
N  CBAA (concurrent with CTA)
 NLRC
 Quasi-judicial bodies

With CA and RTC – certiorari, prohibition, mandamus against lower

courts, quo warranto and habeas corpus
With RTC – ambassadors, public ministers, consuls
Appellate JD Petition for review on certiorari
 CA
 SB
o Criminal – SC has appellate
o Administrative – go through CA first (Fabian, supra)
 RTC (on pure questions of law) re:
o constitutionality/validity of law or treaty
international/executive agreement, law, presidential Decree,
proclamation, etc.
o legality of a tax assessment, impost, toll etc.
o jurisdiction of lower court,
 CTA (decisions en banc)

GR: Questions of Law.

 XPT:
o (1) when the findings are grounded entirely on speculation, surmises or
conjectures;
o (2) when the inference made is manifestly mistaken, absurd, or impossible;
o (3) when there is grave abuse of discretion;
o (4) when the judgment is based on a misapprehension of facts;
o (5) when the findings of facts are conflicting;
o (6) when in making its findings the CA went beyond the issues of the case, or its
findings are contrary to the admissions of both the appellant and the appellee;
o (7) when the findings are contrary to the trial court;
o (8) when the findings are conclusions without citation of specific evidence on
which they are based;
o (9) when the facts set forth in the petition, as well as in the petitioner’s main and
reply briefs, are not disputed by the respondent;
o (10) when the findings of fact are premised on the supposed absence of
evidence and contradicted by the evidence on record; and
o (11) when the Court of Appeals manifestly overlooked certain relevant facts
not disputed by the parties, which, if properly considered, could justify a different
conclusion
Cases heard en banc:
 Constitutionality of treaty, intl or executive agreement
 Those required by the RoC
 Constitutionality, application, operation of PDs, proclamations, orders, instructions,
ordinances, other regulations
 Cases heard by a division when the required number in the division is not obtained
  Cases involving modification or reversal of doctrine or principle of law laid down by
SC in a decision en banc or division
 Disciplinary cases of judges of lower courts
 Elections contests and those relating to the returns and qualifications of the
President or Vice-President
Court of Appeals
Original writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto,
JD and auxiliary writs or processes, whether or not in aid of its appellate
jurisdiction;
Exclusive Annulment of actions of the RTC
Original
JD
Exclusive Final decisions of the RTC, quasi-judicial bodies, including:
Appellate SEC
JD SSC
ECC
CSC
XP: falling in the appellate JD of the SC, in accordance with the Const., Labor
Code, and Sec 17, Judiciary Act.
XP: CTA has jurisdiction over a special civil action for certiorari assailing an
interlocutory order issued by the RTC in a local tax case. (City of Manila v.
Grecia-Cuerdo)
XP: Pure questions of law (Sevilleño v. Carilo)
The Court of Appeals shall have the power to try cases and conduct hearings, receive
evidence and perform any and all acts necessary to resolve factual issues raised in
cases falling within its original and appellate jurisdiction, including the power to grant and
conduct new trials or further proceedings. Trials or hearings in the Court of Appeals
must be continuous and must be completed within three (3) months, unless extended by
the Chief Justice."

The CA may sit en banc to exercise administrative, ceremonial and non-adjudicatory

functions

En banc cannot exercise adjudicatory functions.

Court of Tax Appeals

Exclusive Decisions of the CIR cases involving disputed assessments, refunds of
Appellate internal revenue taxes, fees or other charges, penalties in relation thereto, or
JD by other matters arising under the NIRC or other laws by the BIR
appeal
In cases of a claim for tax refund or tax credit, the taxpayer may appeal within
30 days from receipt of the decision denying the claim or 120 days from the
failure of the Commissioner to act on the application. The failure to observe
these periods prevents the CTA from acquiring JD. (Nippon Express v. CIR)
 XPT: DA 489-03 or claims within Dec 10, 2003 – Oct 6, 2010 in which
case the taxpayer need not wait for the expiration of the 120 days
(Ibid.)
Inaction by the CIR in cases involving above where the NIRC or other
laws provide for a specific period of action; inaction of which shall be
deemed a denial
Decisions of the RTC in local tax cases originally decided or resolved by them in
 the exercise of their original or appellate jurisdiction;

It may issue petition for certiorari (City of Manila v. Grecia-Cuerdo)

Decisions of the Commissioner of Customs in cases involving liability for
customs duties, fees or other money charges, seizure, detention or release of
property affected, fines, forfeitures or other penalties in relation thereto, or
other matters arising under the Customs Law or other laws
administered by the Bureau of Customs
Decisions of CBAAA in the exercise of its appellate JD in cases
involving assessment and taxation of real property originally decided by
the provincial or city board of assessment appeals; 
Decisions of the SOF on customs cases elevated to him automatically
for review from the decision of the Commissioner of Customs which are
adverse to the Government under Sec 2315 of the Tariff and Customs Code
Decisions of the Secretary of Trade and Industry, in the case of
nonagricultural product, commodity or article, and the Secretary of Agriculture
in the case of agricultural product, commodity or article, involving dumping and
countervailing duties under Section 301 and 302, respectively, of the Tariff and
Customs Code, and safeguard measures under Republic

Sandiganbayan
Exclusive Violations of RA 3019, RA 1379, Arts 210-212, RPC, where one or more of
Original the accused are officials occupying the following positions, whether
Jurisdiction permanent, acting, or interim capacity, at the time of the commission of the
offense:
 Executive Branch occupying positions of regional director and higher,
otherwise classified as Grade 27 up
 Members of Congress and officials thereof classified as Grade 27 up
 Members of the Judiciary
o XP: Const.
 Chairmen and members of the ConComms,
o XP: Const.
 All other national and local officials with Grade 27 up
Other offenses or felonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a.
of this section in relation to their office.
Civil and criminal offenses filed pursuant to EO 1, 2, 14, 14-A
Exclusive over final judgments, resolutions or orders of RTC whether in the exercise of
Appellate JD their own original jurisdiction or of their appellate jurisdiction as herein
provided.
the criminal action and the corresponding civil action for the recovery of civil liability shall at
all times be simultaneously instituted with, and jointly determined in, the same
proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal
action being deemed to necessarily carry with it the filing of the civil action, and no right to
reserve the filing of such civil action separately from the criminal action shall be
recognized: Provided, however, That where the civil action had heretofore been filed
separately but judgment therein has not yet been rendered, and the criminal case is hereafter
filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to
the Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint
determination with the criminal action, otherwise the separate civil action shall be deemed
abandoned."
Note: Venue is where the official holds office.

Regional Trial Court

Exclusive Subject of the litigation is incapable of pecuniary estimation; 
Original
JD Involve the title to, or possession of, real property, or any interest therein,
where the assessed value of the property involved exceeds
(20,000)
(50,000) for civil actions in Metro Manila,
XP: actions for forcible entry into and unlawful detainer of lands or buildings,
original jurisdiction over which is conferred upon the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts; 

Actions in admiralty and maritime jurisdiction where the demand or claim

exceeds:
300k
400k in MM
 In all matters of probate, both testate and intestate, where the gross value of
the estate exceeds:
300k
400k in MM
In all actions involving the contract of marriage and marital relations;
In all cases not within the exclusive jurisdiction of any court, tribunal, person
or body exercising jurisdiction of any court, tribunal, person or body exercising
judicial or quasi-judicial functions; 

In all other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney’s fees, litigation expenses, and costs or the value of the property in
controversy exceeds
300
400k in MM

damages of whatever kind, in determining the JD amount applies to cases where the
damages are merely incidental to or a consequence of the main cause of 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.
PD 902-A Cases involving devises or schemes employed by or any acts, of the board of
directors, business associates, its officers or partnership, amounting to fraud and
misrepresentation which may be detrimental to the interest of the public,,

Test of Pecuniary Estimation: …the nature of the principal action or remedy must first
be ascertained. If it is primarily for the recovery of sum of money, it is capable of pecuniary
estimation, and jurisdiction over the action will depend on the amount of the claim. However,
where the basic issue is something other than the right to recover a sum of money, where the
money claim is purely incidental to, or a consequence, of the principal relief sought, the action is
one where the subject of the litigation may not be estimated in terms of money, which is
cognizable exclusively by the RTC. (Radio Communications v. CA)
Capable
 Damages
 Action for Replevin for a Motorcycle
valued at XXX
 Action for Interpleader
 Complaint for Sum of Money
Note: In Ortigas v. Herrera, the Court
ruled that the complaint designated for
sum of money was an action for specific
performance, thus incapable of pecuniary
estimation. The Court found that the
respondent sought performance of
petitioner’s obligation under the contract
to make a refund of the amounts due
under certain specific conditions that had
yet to be proven or established. In a case
for recovery of sum of money (i.e.
collection of debt) the claim is considered
capable of pecuniary estimation because
the obligation to pay is not considered
upon any specific fact or matter. Thus, in
this case, the payment of sum of money
was merely incidental which was to be
ordered after determination of certain
acts, the performance of which was the
main issue.
Incapable
 Breach of Contract – a cause of action for
specific performance or rescission (Radio
Communications v. CA)
 Injunction to enjoin prevention of survey and
damages (Bokingco v CA)
 Annulment of shares, dissolution of the
corporation, appointment of receivers, and even
if a sum of money or real property will be
recovered (Lu v. Lu Ym)
 Actions for support which require the
determination of the civil status
 Right to support
 Annulment of decisions of lower courts
 Rescission/reformation
 Interpretation of contracts.
 Exercise of right to redeem – an action for
specific performance (Heirs of Bautista v. Lindo)
 Declare unconstitutionality of a
law/regulation/order/etc (Planters Products v.
Fertiphil)
o In PPI v. Fertiphil, Fertiphil filed a
complaint to compel PPI to refund the
levies paid under the statute on the
ground it is unconstitutional. The main
thesis is the unconstitutional law is void
thus, the action is incapable of pecuniary
estimation.
 Injunction + 400k damages
Examples:
 Action for partition of real property located in
Rizal with an assessed value of XXX
 Action to annul a Deed of Declaration of Heirs
and for a partition of land with an assessed
value of XXX
 An action for specific performance to compel the
defendant to execute a deed of conveyance
covering a parcel of land with an assessed value
of XXX

When the case may not be with the RTC:

HLURB presently The HLURB has exclusive JD to hear and decide cases involving:
the HSAC  Unsound real estate practices
 claims involving refund and any other claims filed by subdivision lot
or condominium unit buyer against the project owner, developer,
dealer, broker or salesman
 cases involving specific performance of contractual and statutory
obligations filed by buyers of subdivision lot or condominium unit
against the owner, developer, dealer or salesman
“Unsound real estate practices” is broad enough to cover third parties to
a sales contract between the buyer and subdivision or condominium
 owner, developer, dealer, broker and salesman. (Philippine Bank of
Communications vs. Pridisons)

When the petitioners are enforcing their statutory and contractual rights
against subdivision owners. Thus, the specific performance case falls
under HLURB’s exclusive jurisdiction. (Badillo v. CA)

In Tri-corp & Development, Inc. v. CA, the Court ruled that the HLURB
has jurisdiction over a petition for Correction of Error/Misrepresentation
in the Master Deed for Greystone’s alleged use of different descriptions
of the condominium project to circumvent existing laws. Thus, the
HLURB has technical expertise and has JD over the case.

CIAC Respondents filed a complaint for sum of money to recover obligations of

Construction petitioner under their Trade Contract for partial structural and
Industry architectural works on one of its projects. Petitioners argued that
Arbitration jurisdiction is with the CIAC. The Court held that the RTC has JD since
Commission the cause of action springs not from a violation of the Trade Contract,
but from non-payment of its monetary obligations. This does not require
the technical expertise of CIAC. (Fort Bonifacio v. Domingo)

To contrast, in Manila Insurance v. Sps. Amurao, Amurao filed a

complaint against Intra Strata for its failure to complete the project
under the Construction Contract Agreement. Amurao sought to collect on
the bonds which secured compliance of the project. The Court ruled that
the CIAC has jurisdiction. Requisites:
 the dispute must be somehow connected to a construction contract;
 parties must have agreed to submit the dispute to arbitration
proceedings
Here, the Court held that the performance bonds are substantially
connected to the construction contract since they had to determine the
liability under the Construction Contract Agreement.
DAR Determine and adjudicate agrarian reform matters and exclusive original
jurisdiction over all matters involving the implementation of agrarian
reform, except those falling under the exclusive jurisdiction of the DA
and the DENR (Land Bank v. Belista) [Tldr: anything about CARP/CARL)
XP: Special Agrarian Courts – RTCs with original and exclusive JD over:
 all petitions for the determination of just compensation to landowners
and
 the prosecution of all criminal offenses under R.A. No. 6657

NLRC Original and exclusive jurisdiction over cases involving termination or

dismissal of workers. (EER)
XP: Intra-corporate controversies – dismissal of a corporate officer is
always regarded as a corporate act which falls within the JD of the RTC.
How to determine existence of an intra-corporate relations?
Relationship test and Nature of the Controversy Test (pilit ba)
 Between corporation, partnership, association and the public
 Between corporation, partnership, association and the State, insofar
as its franchise, permit, or license to operate is concerned.
 Between the corporation, partnership, association and its
 stockholders, partners, members or officers
 Between corporation, partnership, association themselves
To determine if a corporate officer you look at the:
 Corporation Code, Sec 25: (1) President (2) Secretary (3) Treasurer
(4) Such other officers as may be provided for in the by-laws.
 Corporation’s by-laws

MTC
Exclusive Civil actions and probate proceedings testate and intestate, including
Original the grant of provisional remedies in proper cases, where the value of
JD the personal property, estate, or amount of the demand does not
exceed ___ exclusive of interest damages or whatever kind,
attorney’s fees, litigation expenses, and costs, the amount of which
specifically alleged.
300k
400k in MM
Where there are several claims or causes of action between the same
or different parties, embodied in the same complaint, the amount
shall be the totality of the claims in all the causes of action [Totality
Rule]
Action interdictal
XP: Where the defendant raises the question of ownership in the
pleadings and the question of possession cannot be resolved without
deciding the issue of ownership, the issue of ownership shall be
resolved only to determine the issue of possession
Civil actions which involve title to, or possession of, real property, or
any interest therein where the assessed value of the property or
interest therein does not exceed ____exclusive of interest, damages
of whatever kind, attorney's fees, litigation expenses and costs:
Provided, That value of such property shall be determined by the
assessed value of the adjacent lots
20k
50k in MM
Delegated Assigned Courts to hear and determine cadastral or land registration
JD cases covering lots where there is no controversy or opposition or
contested lots where the value does not exceed 100k, value to be
ascertained by the affidavit of the claimant or agreement of the
respective claimants if there are more than one or from the
corresponding tax declaration of the property.
 The value of the lot shall be ascertained by (a) the affidavit of the
claimant or by (b) agreement of the respective claimants if there
are more than one, or (c) from the corresponding tax declaration
of the real property (Sec 34, BP 129 as amended)
 The decisions of these courts shall be appealable in the same
manner as the RTC thus the MTC may be deemed to be acting as a
RTC, appealable to the CA under R41.
Special In absence of RTCs, to hear and decide petitions for writ of habeas
JD corpus or applications for bail
Summary Accion interdictal, irrespective of the amount or unpaid rentals sought
Procedure to be recovered.
Other civil cases, except probate proceedings, where the total amount
 of the plaintiff’s claim does not exceed
300k
400kk in MM
Small For payment of money where the value of the claim does not exceed
claims 200k (AM 08-8-7, Sec 2)
cases  Applies in all actions purely civil in nature where the claim or relief
prayed for by the plaintiff is solely for payment of reimbursement
of sum of money
o For money owner under:
 Contract of Lease
 Contract of Loan
 Contract of Services
 Contract of Sale
 Contract of Mortgage
o Liquidated Damages from contract
o Enforcement of Brgy. Amicable Settlement or an arbitration
award involving a money claim covered by the Rule under
Sec 417, LGC

Lupon Tagapagmalaya. no complaint, petition, action or proceeding may be filed directly with
the court or any government office for adjudication if the matter falls within the authority of the
lupon. (Sec 412)

GR: The lupon of each barangay shall have authority to bring together the parties actually
residing in the same city or municipality for amicable settlement of all disputes. (Sec
408)
 XP:
o One party is the government, or any subdivision or instrumentality thereof;

o One party is a public officer or employee and the dispute relates to the performance of
his official functions;
o Disputes involves real properties located in different cities/municipalities

o Any complaint by or against corporations, partnerships or juridical entities

o No private offended party

o Disputes involving parties who actually reside in barangays of different cities or

municipalities
 except where such barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by an appropriate
lupon;
o Offenses for which the law prescribes a max penalty of imprisonment exceeding 1 year
or a fine of over 5,000
o Where urgent legal action is necessary to prevent injustice from being committed,
specifically (Sec 412, b):
 Criminal actions where accused is under police custody
  Habeas Corpus/person deprived of liberty
 Actions with provisional remedies
o Arising from CARL

o Labor Disputes

o Actions to annul judgement upon a compromise

Dispute Brought before:

Persons actually residing in the same
barangay
Actual residents of different barangays
within the same city/municipality
Involving real property or any interest
therein
Arising at the workplace where
contending parties are employed, or
institution where parties are enrolled for
study
Lupon of the said barangay
The barangay where the respondent or any
of the respondents actually resides, at the
election of the complainant
Barangay where the real property or the
larger portion thereof is situated
Barangay of the workplace or institution

Effect of Amicable Settlement/Arbitration award. It has force and effect of a final

judgement after 10 days unless repudiation of the settlement has been made.
Effect of Failure to Comply. A case filed in Court without compliance with prior Brgy.
conciliation which is a pre-condition for formal adjudication may be dismissed upon motion, not
for lack of jurisdiction of the court but failure to state a cause of action or prematurity or the
court may suspend the proceedings upon petition of any party under R21.1 and refer the case
motu proprio to the appropriate Brgy. authority
CIVIL ACTIONS AND CAUSES OF ACTION
CIVIL ACTION SPECIAL PROCEEDING
party sues another for the enforcement or remedy by which a party seeks to establish a
protection of a right, or the prevention or status, a right, or a particular fact.
redress of a wrong.
Rules on Civil Procedure apply. Ordinary civil actions have suppletory application
(R72.1)
Rules of special proceedings are provided for in
the cases under Section 1, Rule 72 of the Rules of
Court
Typically commenced by filing a complaint Typically commenced by filing a petition

ORDINARY CIVIL ACTION SPECIAL CIVIL ACTION

Governed by the rules for ordinary civil Subject to the specific
actions (Rule 2 to 61) rules prescribed for a
special civil action but
also governed by the
rules for ordinary civil
actions (Rule 62 to 71)
  Interpleader;
 Declaratory relief and similar remedies;
 Review of judgments and final orders or
resolutions of the Commission on Elections and
the Commission on Audit;
 Certiorari, prohibition, and mandamus;
 Quo warranto;
 Expropriation;
 Foreclosure of real estate mortgage;
 Partition;
 Forcible entry and unlawful detainer;
 Contempt.
Typically commenced by a petition

In Personam In Rem Quasi in Rem

Relevance: (1) Jurisdiction over the defendant; Summons; Who is bound
Whom directed
Proceeding to enforce Actions against the thing itself An action against an individual,
personal rights and named as defendant to subject
obligations against a his interest therein to the
person obligation or lien burdening the
property
Effect
Binding only between Binding on the whole world Binding only on the parties who
parties joined the action
(However, it binds
everyone if SC decides) Note: Only the person’s interest
is bound, but once attached,
binding against the world
Jurisdiction
JD over the defendant JD over the res is acquired either
necessary
(a) by the seizure of the property under legal process, whereby it
Summons required is brought into actual custody of the law, or

(1) Service in person
(2) Substituted Service
(3) Voluntary appearance
(b) as a result of the institution of legal proceedings, in which the
power of the court is recognized and made effective…
It is validated essentially through publication – notice to the whole
world that the proceeding has for its object to bar indefinitely who
might be minded to make an objection of any sort to the right
sought to be established (Lucas v. Lucas)

Summons for due process -- to afford the person concerned the

Action for collection of sum
of money
Action for unlawful
detainer of forcible entry
opportunity to protect his interest if he so chooses.(Lucas, ibid)
Examples
Petitioners for adoption Action to quiet title
Correction of entries in birth Actions for foreclosure
certificate
Attachment proceedings

Action for specific
performance
Action to enforce a foreign
judgment in a complaint
for breach of contract
Annulment of marriage
Action for partition
Petition to establish
illegitimate filiation (Lucas v Action for accounting
Lucas)
Land registration

Action for reconveyance Forfeiture proceedings

(republic v. Glaslow)
Cases involving an auction
sale of land for collection Probate of a will
of delinquent taxes

REAL ACTIONS PERSONAL ACTIONS

RELEVANT FOR DETERMINING VENUE
Actions affecting title to or possession of
real property, or interest therein, shall be where
commenced and tried in the proper court
which has jurisdiction over the area
wherein the real property involved, or a
portion thereof, is situated. (R4.1)
Involves title to or possession of real
property, or an interest therein
Test: What is the primary objective for filing the case
 Recovery of ownership of real
property (Accion
Publiciana/Reinvidicatoria)
 Unlawful detainer/Forcible Entry
 Partition of real property
 Judicial foreclosure of REM
 In an action for declaration of nullity
of Deed of Sale, where the principal
purpose is for recovery of the
property.
 Action to redeem by the mortgage
debtor affects his title to the
foreclosed property
 Complaint entitled specific
performance but asked that a deed
of sale/conveyance be issued in his
favor. (Gochan v. Gochan)
 An action praying the defendant be
All other actions may be commenced and tried
 the plaintiff or any of the principal
plaintiffs resides, or
 where the defendant or any of the principal
defendants resides, or
 in the case of a nonresident defendant
where he may be found, at the election of
the plaintiff. (R4.2)
Where’s the residence of a corporation? Where
the principal office is located. This is required to
be specified in the Articles of Incorporation
(Davao Light v. CA)
Brought for recovery of personal property, for the
enforcement of some contract or recovery for
damages for breach, or recovery for damages for
commission of an injury.
 Action for sum of money
 Damages
 Action for liquidation of partnership, though
there is a prayer for sale of the assets,
including a real property (Claridades v.
Mercarder)
 In a case for nullification of promissory
notes, continuing surety agreement, checks
and mortgage agreements for being
executed against their will and vitiated by
irregularities (BPI v. Hontanosas cf. Go v.
UCPB)
o Note: No allegation that the
possession of the properties
under the mortgages had already
been transferred to the petitioner
in the meantime.
 ordered to accept payment being  In an action to compel recognition of the
made for a lot under a contract to trust arrangement, where the assets
buy on installment and to enjoin include real properties is a personal action
defendant from repossession affects because for the ownership interest of a
title to the land. stockholder over corporate assets is only
 An action for cancellation of real inchoate as the corporation, as a juridical
estate mortgage were the action is person, solely owns such assets.
primarily to compel return of
properties where the defendant
already initiated foreclosure
proceedings (Go v. UCPB cf. BPI v.
Hontanosas)

What if subject matter involves different

parcels in different provinces?
 If same transaction – venue is the
court of any of the provinces
 If separate – separate cases filed in
respective venues
 Action to recover title to or possession of real property is a real action, but an action in
personam
 Action for declaration of nullity of marriage is personal but it is also an action in rem.
 An action for damages is both a personal action and an action in personam
 Action for execution of judgement/revival of judgement – depends whether the
judgement is for real or personal action.

Note: Not all real actions are ordinary civil actions. Accion interdictal are subject of special civil
actions. Similarly, not all personal actions are ordinary civil actions. Quo warranto is a special
civil action.

CAUSE OF ACTION. The act or omission by which a party violates a right of another. (R2.2)
Lack of cause of action
Evidence does not prove the cause of
action alleged in the pleading.
When elements of CoA are missing
Remedy is to demur to the evidence
Not a ground for motion to dismiss under
Rule 16
Failure to state cause of action
The complaint’s allegations are insufficient for
the court to know that the rights of the plaintiff
were violated by the defendant
Remedy is to allege in the answer
Although Rule 2 on cause of action was not
amended, failure to state cause of action is no
longer a ground that may be raised in an MTD
under the amended rules

 Test: whether, admitting the facts alleged, the court can render a valid judgment thereon in
accordance with the prayer of the complaint. (Danfoss v.CCC)
 In Vinzons-Chato v. Fortune Tobacco, the Court held “when what is involved is a "duty owing
to the public in general", an individual cannot have a cause of action for damages… The
exception to this rule occurs when the complaining individual suffers a particular or special
injury on account of the public officer's improper performance or non-performance of his
public duty. the rule restated is that an individual cannot have a particular action against a
 public officer without a particular injury, or a particular right, which are the grounds upon
which all actions are founded.
 Unless the plaintiff has a valid and subsisting cause of action at the time his action is
commenced, the defect cannot be cured or remedied by the acquisition or accrual of one
while the action is pending, and a supplemental complaint or an amendment setting up
such after-accrued cause of action is not permissible. (Turner v. Lorenzo Shipping)
Cause of action Right of action
fact or combination of facts which affords a right to commence and maintain an action.
party a right to judicial interference in his
behalf.
formal statement of the operative facts that remedial right belonging to some persons,
give rise to such remedial right.
matter of statement and is governed by the matter of right and depends on the substantive
law of procedure. law,

The right of action springs from the cause of action but does not accrue until all the facts
which constitute the cause of action have occurred. When there is an invasion of primary
rights, then and not until then does the adjective or remedial law become operative, and
under it arise rights of action. There can be no right of action until there has been a wrong— a
violation of a legal right — and it is then given by the adjective law.

Splitting of causes of action. A party may not institute more than one suit for a single cause
of action. (R2.3) If a party does, the filing of one or a judgement upon the merits in any one is
available as a ground for dismissal of the others (R2.4).
Tests:
 Same evidence test. whether the same evidence would support and sustain both the
first and second causes of action.
 Same defense test. whether the defenses in one case may be used to substantiate the
complaint in the other;
 [?] whether the cause of action in the second case existed at the time of the filing of the
first complaint
Joinder of causes of action. A party may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may have against the opposing party, subject to
certain conditions (R2.5):
 Compliant with the Rules on Joinder of Parties
o a real party in interest: one who stands to be benefitted or injured by the
judgement (R3.2)
o Arises from the same transaction or series of transactions (R3.6)

o There is a question of law/fact common to all plaintiffs/defendants (R3.6)

 It does not include special civil actions or governed by special rules

 If they pertain to the same parties, but different venues or jurisdictions, the joinder may
be allowed in the RTC provided one of the causes of action fall within the jurisdiction and
venue of the RTC.
  If the claims in all the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction.
Alternative Causes of Action. A party may set forth two or more statements of a claim or
defense alternatively or hypothetically, either in one cause of action or defense or in separate
causes of action or defenses. When two or more statements are made in the alternative and 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. (R8.2)
BPI v. Vda. de. Coscolluela: The true rule which determines whether a party has only a
single and entire cause of action for all that is due him, and which must be sued for in one
action, or has a severable demand for which he may maintain separate suits, is whether the
entire amount arises from one and the same act or contract or the several parts arise
from distinct and different acts or contracts.
 in the absence of special controlling circumstances, an open or continuous
running account between the same parties constitutes a single and indivisible
demand… But the rule is otherwise where it affirmatively appears that the parties
regarded the different items of the account as separate transactions and not parts of an
ordinary running account.
 [It was held] the nonpayment of a note secured by a mortgage, the creditor has a
single cause of action against the debtor. The single cause of action consists in
the recovery of the credit with execution of the suit… The action of the creditor
is anchored on one and the same cause: the nonpayment by the debtor of the
debt to the creditor-mortgagee.
Venue Jurisdiction
Can be waived – Must be raised in Answer, Cannot be waived
subject to omnibus motion rule XP: Estoppel

Conferred by the act or agreement of the Fixed by law, cannot be conferred by the parties
parties
Answer – If the defendant does not object Answer/MTD
to venue, it cannot be said to be improperly
laid. Motu proprio dismissal on ground of
improper venue is PLAIN ERROR.

XP:
 Summary procedure
 Small claims cases
 Forcible Entry and Unlawful Detainer

When the Rules on Venue do not apply:

 Where specific rule or law provides otherwise
 Parties have validly agreed in writing before the filing on exclusive venue
o Requisites:

 In writing
 Made before filing of the action
 Exclusive as to venue
  Must contain qualifying or restrictive words
 Only
 Solely
 Exclusively in this court
 In no other court save
 Particularly
 Nowhere else but/except
o Exceptions:

 Where validity of the agreement is contested (Sps. Lantin v. Lantion)

 Only one cause of action had an exclusive venue clause (Uniwide v. Cruz)
 Void stipulation against public policy (Sweet lines v Teves)
 Where the complaint is merely ancillary to the main action, the prescriptions
on venue does not apply. Thus a third party complaint must yield to the
jurisdiction and venue of the main action. (Eastern Assurance v. Cui)

PARTIES. only natural or juridical persons, or entities authorized by law (R3.1)

 Husband and wife shall sue/be sued jointly (R3.4)
 Minor or incompetent may sue or be sued, with assistance of his father, mother,
guardian, or guadian ad litem. (R3.5)
 Entity without juridical personality – under the name by which they are generally or
commonly known. (R3.15)
 Unknown identity/Name of defendant – he may be sued as the unknown owner, heir,
devisee, or by such other designation as the case may require.
o When his identity or true name is discovered, the pleading must be amended
accordingly. (R3.14)

Suable entities, authorized by law:

 Corporation by estoppel (Sec 21, Corp Code)
 Contract of partnership with capital of 3000 but fails to comply with registration
requirements (Art. 1772 cf. Art. 1768)
 Estate of a deceased (not a juridical personality)
o The administrator/executor/heirs

 Legitimate labor organizations (Art. 242, LC)

 Roman Catholic Church may be a party, and as to its properties, archbishop, or diocese to
which they belong, may be a party
 Dissolved corporations (Sec. 122, Corp Code)
o Within 3 years after dissolution

o In connection with settlement or its affairs

 Foreign Corporations:
Doing business in the PH + License
Doing business in the PH + WITHOUT
License
Not doing business
Doing Business
 soliciting orders, service
contracts, opening offices,
whether called "liaison" offices or
branches;
 appointing representatives or
distributors domiciled in the
Philippines or who in any
calendar year stay in the country
for a period or periods totalling
180 days or more
 participating in the
management, supervision or
control of any domestic
business, firm, entity, or
corporation in the Philippines
 any other act or acts that imply
a continuity of commercial
dealings or arrangements, and
contemplate to that extent the
performance of acts or works, or
the exercise of some of the
functions normally incident to,
and in progressive prosecution
of, commercial gain or of the
purpose and object of the
business organization
 Note: An essential condition to
be considered as "doing
business" in the Philippines is the
actual performance of specific
commercial acts within the
territory of the Philippines for the
plain reason that the Philippines
has no jurisdiction over
commercial acts performed in
foreign territories (Van Zuiden v
GTVL)
Can sue Can be sued
YES YES
NO YES
NO, only in isolated NO
transactions
Not Doing Business
 isolated acts or transactions.
Single or isolated acts, contracts,
or transactions of foreign
corporations are not regarded as
a doing or carrying on of business
(MR Holdings Ltd. V. Bajar)
o Typical examples are the
making of a single
contract, sale, sale with
the taking of a note and
mortgage in the state to
secure payment therefor,
purchase, or note, or the
mere commission of a tort.
In the said instances, there
is no purpose to do any
other business within the
country.
 mere investment as a
shareholder by a foreign entity in
domestic corporations duly
registered to do business, and/or
the exercise of rights as such
investor;
 having a nominee director or
officer to represent its interests in
such corporation
 nor appointing a representative
or distributor domiciled in the
Philippines which transacts
business in its own name and for
its own account;
 Neither a dead person nor his
estate may be a party plaintiff in
a court action… An action begun
by a decedent's estate cannot be
said to have been begun by a
legal person, since an estate is
not a legal entity (Ventura v.
Militante).
 The mere act of exporting from
one's own country, without doing
any specific commercial act
 within the territory of the
importing country, cannot be
deemed as doing business in the
importing country. The importing
country does not acquire
jurisdiction over the foreign
exporter who has not performed
any specific commercial act
within the territory of the
importing country. (Van Zuiden v
GTVL)

Real Party in Interest. is the party who stands to be benefited or injured by the judgment in
the suit, or the party entitled to the avails of the suit. (R3.2)
 TEST: By real interest is meant a present substantial interest, as distinguished from a
mere expectancy or a future, contingent, subordinate, or consequential interest." (Minoza
v. Lopez)
 GR: Every action must be prosecuted in the name of the real party in interest.
(R3.2)
o XP: Unless otherwise authorized by law or the Rules

 Ex. Stipulation pour atrui and contracts in fraud of creditors

o Representatives as Parties. (ex. Trustee, guardian, executor,
administrator, or party authorized by the Rules) When the action is allowed to
be prosecuted or defended by a representative or someone acting in a fiduciary
capacity, the beneficiary shall be included in the title of the case and deemed to be
the real party in interest. (R3.3)
 An agent may sue in his own name for the benefit of an undisclosed
agent.
 XP: when the contract involves things of the principal
 RA 6657 expressly allows farmer leaders to "represent themselves, their
fellow farmers, or their organization in any proceedings before the DAR." The
action may then be brought by 1) the duly registered organization
represented by its authorized representative (Sec. 1) OR 2) the
representative with the beneficiaries identified in the title of the case (Sec. 3)
(Samahang Magsasaka v. Mosquera)
Locus Standi. Personal and substantial interest in a case where a party has sustained or will
sustain a direct injury because of the challenged governmental act.
 Direct Injury Test—the person who impugns the validity of a statute must have “a
personal and substantial interest in the case such that he has sustained or will sustain
direct injury as a result. (Advocates for Truth in Lending v BSP)
 Taxpayers – claim of illegal disbursement of public funds or a tax measure is
unconstitutional.
 Voters – Obvious interest in the validity of the law in question
 o If it involves the electoral process (Quinto v. COMELEC)

 Concerned citizens – issues must be shown to be transcendental importance.

 Legislators – there must be a claim that the official action complained of infringes on
their prerogatives as legislators.
 Note: Transcendental Importance.
o the character of the funds or other assets involved in the case;

o the presence of a clear case of disregard of a constitutional or statutory prohibition

by the public respondent agency or instrumentality of the government; and
o the lack of any other party with a more direct and specific interest in the questions
being raised. (Advocates)

Legal Standing Real Party in Interest / Legal Capacity

Broader policy concerns
Constitutional concept
Lack of legal personality
Involves only a question of
whether a person would be
benefited or injured by the
judgement/ whether he is
entitled to avail of the suit
In private suits, locus standi
requires a litigant to be real
party in interest.
Failure to State Cause of
Action
refers to a plaintiff's general
disability to sue, such as on
account of minority, insanity,
incompetence, lack of juridical
personality or any other
general disqualifications of a
party,
Lack of Legal Capacity to sue

Class Suits.
 Subject matter of controversy is one of common or general interest.
 Persons so numerous that it is impracticable to join all as parties.
 A number of them which the court finds to be sufficiently representative as to protect the
interest of those concerned.
 Representatives sue or defend for the benefit of all.

Class Suit Representative Suit

A class suit is a representative suit only insofar as the persons who institute it represent the
entire class of persons who have the same interest or who suffer the same injury
The representative and the beneficiaries Beneficiary is the real party in interest, not the
have the same interest. representative
There is a common cause of action in a class Not
Group collectively seeks to enforce the same The parties individually enjoy the right sought to
right be enforced
Class Suit Joinder
There is plurality of parties with only one There are two or more causes that are joined in
cause of action. There is a community of one complaint and there are several parties who
interest among several persons who are so
numerous that it is not practicable to bring
them all before the court.
Joinder of Parties
Indispensable Party
those without whom no final determination
can be had of an action (R3.7)
A party is not indispensable if his interest is
distinct and divisible from the interest of
others
Effect of Nonjoinder of Indispensable
party. Absence of indispensable party renders
all subsequent actions of the court null and
void for want of authority to act not only as to
the absent party but even as to those present.
If Court orders, and the plaintiff fails to join,
the complaint may be dismissed
REMEDY:
 Motion to Add, not dismiss.
 Aside from dismissing the complaint, court may order amendment of the pleading.
When it appears to the court during the proceeding that an indispensable party is not
joined, it is the court’s duty to stop the trial and order the inclusion of such party. (Uy
v. CA) Responsibility of impleading all the indispensable parties rests on the plaintiff.
In a joint obligation, the other obligors are
merely necessary
However, in a solidary obligation the other
obligors are not necessary parties – the
creditor can demand from any of them
De Galicia v. Mercado: the co-signatory of a
rediscounted is an indispensably party to suit
to annul the said agreement.
Pascual v. Robles: Robles is an indispensable
party in a petition for Declaration of Heirship
and Appointment of Administrator and
could claim or defend these various causes.
Necessary Parties
those NOT indispensable but ought to be
joined as parties if complete relief is to be
accorded as to those who are already parties
for a complete determination or settlement of
the claim subject of the action (R3.8)
Procedure for Joinder of Necessary Party.
If a necessary party is NOT joinder, the
pleader shall set forth his name and reason
why he is omitted. (R3.9)
 If the Court finds the reason
unmeritorious, it may order the
inclusion of the omitted necessary party
if jurisdiction over his person may be
obtained.
 Failure to comply with the order for his
inclusion, without justifiable cause,
constitutes a waiver of the claim
against such necessary party.
Scenario:
B buys S’s car on installments. Before
payment, B sells the car to D and that D
would be responsible for the installments
remaining.
Here, even if B sold the car, B is still an
indispensable party in a case for replevin
because it is premised on B’s default.
XPT: If there was assignment of rights
Cabutihan v. Landcenter Construction & Dev’t
Corp
Settlement of the Estates of the Late
Hermogenes Rodriguez since he is an Heir

Pacana –Contreras v. Rovila Water Supply,

Inc.,

Metrobank v Alejo

Law firm of Laguesma v. COA

Rule on Permissive Joinder

 Person is whom any right to relief arises out of the same, or series of, transactions.
 Where any question of law or fact common to all plaintiffs or to all such defendants may
arise in the action. (R3.6)
Alternative Defendants. When the plaintiff is uncertain against who he is entitled to relief, he
may join ANY or ALL of them as defendants in the alternative, though a right to relief against
one may be inconsistent with the right of relief against another. (R3.13)
Substitution of Parties
Effect of Death. When a party to a pending action dies, and the claim is not
extinguished, it shall be:

the duty of the counsel

inform the court The Court shall order If no legal The court charges in
within 30 days after said representatives representative is procuring such
such death, and the to appear and be named by counsel, or appointment may be
give the name and substituted within 30 the one so named recovered as costs.
address of the legal days from notice. shall fail to appear
representative. within the prescribed,
Failure of counsel to the court may order
comply shall be the opposing party,
ground for disciplinary within a specified
actions. (R3.16) time, to procure
appointment of an
executor or
administrator for the
estate of the
deceased and the
latter shall
immediately appear
for and on behalf of
the deceased.
 The heirs of the deceased may be allowed to be substituted for the deceased, without
requiring appointment of an executor or administrator.
 The Court may appoint a guardian ad litem for the minor heirs.
Acquisition of Jurisdiction over the substitute. non-compliance with the rule on substitution
of a deceased party renders the proceedings and judgment of the trial court infirm because the
court acquired no jurisdiction over the persons of the legal representatives or of the heirs on
whom the trial and the judgment would be binding(Brioso v. Rili-Mariano)
Rule on death in action for contractual money claims. If an action is for recovery of money
based on an express or implied contract, and the defendant dies before entry of judgement, it
shall not be dismissed but instead be allowed to continue until final entry of judgement. Then it
follows the procedure for prosecuting claims against the estate of the deceased. (R3.20)
 The question as to whether an action survives or not depends on the nature of the action
and the damage sued for. In the causes of action which survive, the wrong complained
[of] affects primarily and principally property and property rights, the injuries to the
person being merely incidental (Sumaljag v. Literato; R87.1)
Rule on death or separation of a public officer. The action may be continued and
maintained by or against his successor, if within 30 days after the successor takes office, or such
time as may be granted by law, it is shown:
 There is substantial need for continuing or maintaining it
 The successor adopts or continues or threatens to adopt or continue the action of the
predecessor
 Unless expressly asserting to the to the substitution, the party or officer shall be given
reasonable notice of the application and be given the opportunity to be heard.
*Well-settled is the rule that failure to make a substitution pursuant to Section 17, Rule 3 of the
Rules of Court is a ground for the dismissal of an action. (Rodriguez v. Jardin)
Rule when the party becomes incompetent or incapacitated. The Court, upon motion,
may allow the action to be continued by or against the incompetent or incapacitated person
assisted by his legal guardian. (R3.18)
Rule on transfer of interest. The action may be continued by or against the original party,
unless the court, upon motion, directs the person to whom the interest is transferred to be
substituted in the action or joined with the original party. (R3.19)
INDIGENT PARTIES. This means exemption from payment of docket and other lawful fees, and
of transcripts of stenographic notes which the court may order to be furnished him. The amount
of which exempted shall be a lien on any judgement rendered in the case favorable to the
indigent, unless otherwise provided by the court. (R3.21)
Rules according to Sps. Alugra v. LGU in determining eligibility:
1. Apply R141.19. Compliance with income and property requirements = Indigent as a
matter of right
 Affidavit that he and his immediate family do not earn a
o [Income] (1) gross income does not exceed an amount double the monthly
minimum wage nor
o [Property] (2) they own any real property with the fair value in the tax
declaration of more than 300k
 Affidavit of a disinterested person attesting to the truth of the litigant's affidavit
 Tax declaration is any, shall be attached to the litigant’s affidavit
 Any falsity in the affidavit of a litigant or disinterested person shall be sufficient cause
to dismiss the complaint or action or to strike out the pleading of that party, without
prejudice to whatever criminal liability may have been incurred.
 2. Apply R3.21. The Court may set a hearing to enable the applicant to prove that the
applicant has "no money or property sufficient and available for food, shelter and basic
necessities for himself and his family.
 In this hearing, the adverse party may adduce countervailing evidence to disprove the
evidence presented by the applicant; after which the trial court will rule on the
application depending on the evidence adduced. 
 The adverse party may later still contest the grant of such authority at any time before
judgment is rendered by the trial court, possibly based on newly discovered evidence
not obtained at the time the application was heard
 If the court determines after hearing that the party declared as an indigent is in fact a
person with sufficient income or property, the proper docket and other lawful fees shall
be assessed and collected by the clerk of court. If payment is not made within the time
fixed by the court, execution shall issue or the payment of prescribed fees shall be
made, without prejudice to such other sanctions as the court may impose.
SOLICITOR GENERAL. The Court may require the appearance of the SG who may be heard in
person or through a representative duly designated by him. – when the actions involves the
validity of any treaty, law, ordinance, executive order, presidential decree, rules or regulations.
(R3.22)

New Parties. When the presence of parties other than those in the original action is required
for the granting of complete relief in the determination of a counterclaim or cross claim, the
court shall order them to be brough as defendants, if jurisdiction over them can be obtained.
(R6.12)
Third-party complaint. It is a claim that a defending party may with leave of court, file against
a person not a party to the action – the third-party defendant for contribution, indemnity,
subrogation or any other relief, in respect of his or her opponent’s claim. (R6.11). Requisites:
 It is a claim by the defending party
 With leave of court
 For contribution, indemnity, subrogation or any other relief, in respect of his or her
opponent’s claim (CISO)
 PERIOD: Within 30 calendar days after service of summons, unless a different period is
fixed by the Court (R11.5)
 The defendant is attempting to transfer to the third-party defendant the liability asserted
against him by the original plaintiff [Philtranco Service Enterprises, Inc. v. Paras]
 When denied admission (R6.11):
o The defendant cannot be located within 30 days from the grant of leave

o Matters extraneous to the issue in the principal case are raised

o The effect would be to introduce a new and separate controversy in action.

Intervention. A person who has (R19.1):

 a legal interest
o in the matter in litigation, or
 o in the success of either of the parties, or

o an interest against both or

o so situated as to be adversely affected by a distribution or other disposition of

property in the custody of the court or of an officer thereof
 With leave of Court!
o Any time before rendition of judgement

o Copy of the pleading shall be attached to the motion and serve upon the parties.

o The pleadings:
 Complaint in intervention – asserts a claim against the original parties
 Answer in intervention – joins the defendant in resisting a claim against the
latter.

 The Court shall consider:

o whether or not the intervention will unduly delay or prejudice the adjudication of
rights of the original parties,
o whether or not the intervenor’s right may be fully protected in a separate
proceeding.
Interpleader. —Special civil action filed by a person against whom 2 conflicting claims so they
may interplead and litigate their several claims. (R62.1) Requisites:
 There are conflicting claims upon the same subject matter or interest.
 The conflicting claims are made against the same person who has:
o claims no interest whatever in the subject matter,

o or an interest not disputed by the claimants.

It is commenced by filing of a complaint. The Court shall issue an order requiring the conflicting
claimants to interplead. (R62.2) Summons shall be served upon the conflicting claimants, with
the copy of the complaint and order (R62.3).
 A claimant may file a MTD on the ground of impropriety of the interpleader/action. The
period to file answer shall be tolled and if denied, the movant may file his answer within
the remaining time, but which shall not be less than 5 days from the notice of denial.
(R62.4)
 The claimant shall file his answer within 15 days upon service of the summons. If the
claimant fails to plead within the time fixed, the court may, on motion, declare him in
default and render judgement barring him from any claim. (R62.5)
 After pleading have been filed, and pretrial conducted, the court shall determine their
respective rights and adjudicate their claims. (R62.6)
SUMMONS.
 Voluntary Appearance. Shall be equivalent to service of summons. The inclusion in a
MTD of other grounds other than lack of JD over the person of the defendant shall be
deemed voluntary appearance (R14.23)
 Clerk of Court to issue the summons. The Court shall, within 5 days from receipt of
the initiatory pleading and proof of payment of requisite legal fees, direct the clerk to
 issue summons. (R14.1) Summons shall not be issued if the complaint is dismissible on its
face under R9.1
o this does not relieve the petitioner of her own duty as the plaintiff in a civil case to
prosecute the case diligently. If the clerk had been negligent, it was petitioner's
duty to call the court's attention to that fact… The non-performance of that duty by
petitioner as plaintiff is an express ground for dismissing an action (Regner v.
Logarta)
 Contents:
o Directed against defendant, signed by clerk of court under seal

o Contains the name of the court, and names of the parties

o When authorized by the court upon ex parte motion, an authorization for the
plaintiff to serve summons
o Direction – the defendant answer within the time fixed by these Rules

o Notice –unless the defendant answers, the plaintiff will take judgement by default
and be granted the relief applied (R14.2)
 Who serves (R14.3):
o Sheriff

o His deputy

o Other proper court officer

o Plaintiff

 If authorized by the Court, in case of failure of the sheriff, the plaintiff

MAY
 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 the
service of summons.
 If plaintiff is a juridical entity, authorized representative of plaintiff.
 It shall notify the court, in writing, and name its authorized
representative therein, attaching a board resolution or secretary's
certificate thereto
 If summons is returned without being served on any or all the defendants, the court shall
order the plaintiff to cause the 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.
 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 shall be nullified, and the plaintiff shall be meted appropriate sanctions.
(R14.3)
 Validity of the Summons. It shall remain valid until duly served, unless recalled by the
court. (R14.4)
 Alias Summons. In case of loss or destruction of summons, the court may, upon motion,
issue an alias summons. (Ibid)
  Duty of Counsel of Record; When counsel deputized. The counsel shall be deputized
by the court to serve summons on his or her client where:
o the summons is improperly served and

o a lawyer makes a special appearance on behalf of the defendant to, among others,
question the validity of service of summons,
 RETURN (R14.20).
o Within 30 calendar days from issuance of summons by the clerk of court, and
receipt thereof, the sheriff or process server, or person authorized by the court,
shall complete its service.
o Within 5 calendar days from service of summons, the server shall file with the
court and serve a copy of the return to the plaintiff's counsel:
 personally,
 by registered mail, or
 by electronic means authorized by the Rules.
o Return when Substituted Service have been effected. The return shall state:
 The impossibility of prompt personal service within a period of 30 days
from issue and receipt of summons
 Date and time of the 3 attempts on at least 2 different dates to cause
personal service and details of the inquiries made to locate the defendant
residing thereat; and
 Name of the person at least 18 years of age, and of sufficient
discretion residing thereat, name of competent person in charge of
the defendant's office or regular place of business, or name of the
officer of the homeowners' association or condominium corporation
or its chief security officer in charge of the community or building
where the defendant may be found.
 Proof of Service

Generally (R14.21). By Email (R14.21) By Publication (R14.22)

 It shall be made in
writing by the server,
and
 shall set forth the
manner, place, and
date of service;
 shall specify any
papers which have
been served with the
process and the
 name of the person
who received the
same; and
 shall be sworn to
when made by a
person other than a
sheriff or his or her
deputy
 a printout of said e-  the affidavit of the
mail, with publisher, editor,
 a copy of the business or
summons as served, advertising manager,
and t  to which affidavit a copy
 he affidavit of the of the publication
person mailing, shall shall be attached and
constitute as proof of  by an affidavit showing
service. 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 to his
or her last known
address.
Personal Service. Whenever
practicable, the summons
shall be served by (R14.5):
Substituted Service. If, for
justifiable causes, the
defendant cannot be served
personally after at least three
(3) attempts on two (2)
different dates, service may
be effected (R14.6):
 handing a copy thereof In actions in personam, this
to the defendant in is a must! In other words,
person and informing summons by publication
the defendant that he or cannot confer JD over the
she is being served defendant. (Magdalena
 if he or she refuses to Estate v. Nieto)
receive and sign for it, Remedy if you can’t
by leaving the summons summon: Attachment. locate
within the view and in properties, real or personal,
the presence of the of the resident defendant
defendant debtor with unknown address
and cause them to be
attached under Rule 57,
Section 1 (f), in which case,
the attachment converts the
action into a proceeding in
rem or quasi in rem and the
summons by publication may
then accordingly be deemed
valid and effective."
 By leaving copies of Effect of defendant
the summons at the does not actually
defendant's residence receive the summons: If
to a person at least 18 substituted summons has
years of age and of been validly served, its
sufficient discretion validity is not affected by
residing therein defendant’s failure to
 By leaving copies of actually receive summons
the summons at the from the person with
defendant's office or whom summons had been
regular place of left.
business with some
competent person in
charge thereof.
o A competent
person includes,
but is not limited
to, one who
customarily
receives
correspondences
for the defendant;
 By leaving copies of
the summons, if
refused entry upon
making his or her
authority and purpose
known, with any of the
officers of the
homeowners'
association or
condominium
corporation, or its

Constructive Service (Service by Publication). It is available for actions in rem/quasi in
rem. Also note, in these cases, service must be made with leave of court – motion in writing,
supported by an affidavit of the plaintiff or some person on his behalf, setting forth the
grounds for the application (R14.19)
Service upon defendant
whose
identity/whereabouts are
unknown. (R14.16).
Extraterritorial Service;
Non-Resident and not
found in the PH. When the
defendant does not reside
and is not found in the
Philippines, and the action
(R14.17): (1) affects the
personal status of the plaintiff
or (2) relates to, or the
subject of which is, property
within the Philippines, in
which the defendant has or
claims a lien or interest,
actual or contingent, or in
which the relief demanded
consists, wholly or in part, in
excluding the defendant from
any interest therein, or (3)
the property of the defendant
has been attached within the
Philippines
chief security officer
in charge of the
community or the
building where the
defendant may be
found; and
 By sending an
electronic mail to the
defendant's electronic
mail address, if allowed
by the court
 Within 90 days from
commencement of the
action, service may, by
leave of court, be
effected upon him by
publication in a
newspaper of general
circulation and in such
places and such time as
the court may order.
Reasonable time =/ less
than 60 days after
notice
service may, by leave of court, Any order granting such leave
be effected by: shall specify a reasonable
 personal service under time, which shall not be less
S6; or than 60 calendar days after
 as provided for in notice, within which the
international defendant must answer.
conventions to which
the Philippines is a
party; or
 by 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 of the
defendant, or
 in any other manner the
court may deem
 sufficient.

Residents Temporarily Out The summons may as provided

of the Philippines. above. (R14.18)

Service upon Foreign  By personal service

Private Juridical Entities
NOT registered in the
Philippines or has NO
RESIDENT AGENT but has
transacted or doing
business, service may, with
leave of court, be effected
outside of the Philippines
through any of the following
means (R14.14):
coursed through the
appropriate court in the
foreign country with the
assistance of the
department of foreign
affairs;
 By publication once in a
newspaper of general
circulation in the
country where the
defendant may be found
and by serving a copy of
the summons and the
court order by
registered mail at the
last known address of
the defendant;
 By facsimile;
 By electronic means
with the prescribed
proof of service; or
 By such other means as
the court, in its
discretion, may direct.

Other
Service on Entity without
Juridical Personality.
service may be effected
(R14.7):
But such service shall not
 upon all the defendants bind individually any person
by serving upon any one whose connection with the
of them, or entity has, upon due notice,
 upon the person in been severed before the
charge of the office or action was filed.
place of business
maintained in such
name.

Service on Domestic  the president, In case the domestic

Private Juridical Entity.
service may be made on
(nagPM-sa GC-TICtok)
(R14.12):
 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.
juridical entity is under
receivership or liquidation,
service of summons shall be
made on the receiver or
liquidator, as the case may
be.
Should there be a refusal on
the part of the persons
above-mentioned to receive
summons despite at least 3
  If such service cannot attempts on 2 different dates,
be made upon any of service may be made
the foregoing persons, it electronically, if allowed by
shall be made upon the the court, as provided under
person who S6 of this rule.
customarily receives
the correspondence
for the defendant at its
principal office.

GR: Section 11[12], Rule 14 sets out an exclusive enumeration of the officers who can receive
summons on behalf of a corporation (Paramount v. Ordonez)
 XPT: Substantial Compliance. In GG v CA, cited in Millenium v. Tan, we ruled that
although the service of summons was made on a person not enumerated in Rule 14,
§13, if it appears that the summons and complaint were in fact received by the
corporation, there is substantial compliance with the rule as its purpose has been
attained. Requisites:
o there must be actual receipt of the summons by the person served, i.e.,
transferring possession of the copy of the summons from the Sheriff to the
person served;
o the person served must sign a receipt or the sheriff's return; and
o there must be actual receipt of the summons by the corporation through the
person on whom the summons was actually served.

Service upon Foreign
Private Juridical Entity.
When the defendant is a
foreign private juridical entity
which has transacted or is
doing business in the
Philippines, as defined by
law, service may be made on
(R14.14):
Service on Public
Corporations (R14.15).
 its resident agent designated in accordance with law for
that purpose, or,
 if there be no such agent, on the government official
designated by law to that effect, or on any of its
officers, agents, directors or trustees within the
Philippines. (R14.14)
 When the defendant is the Republic, service may be
effected on the Solicitor General;
 In case of a province, city or municipality, or like public
corporations, service may be effected on its executive
head, or on such other officer or officers as the law or
the court may direct.

Service on Prisoners.
Service on
Minors/Incompetents
Service upon Spouses
service shall be effected upon him or her by the officer having
the management of such jail or institution who is deemed as a
special sheriff for said purpose. The jail warden shall file a
return within 5 calendar days from service of summons to the
defendant (R14.8).
Service shall be made upon him personally and on his or her
legal guardian if he or she has one, or if none, upon his or her
guardian ad litem whose appointment shall be applied for by
the plaintiff. In the case of a minor, service shall be made on
his or her parent or guardian. (R14.10)
When spouses are sued jointly, service of summons should be
made to each spouse individually (R14.11).
Pleadings. written statements of the respective claims and defenses of the parties submitted to
the court for appropriate judgment (R6.1)
 COMPLAINT. Pleading alleging the plaintiff’s or claiming party's cause or causes of
action. (R6.3)
 ANSWER. where the defending party sets forth his/her defenses (R6.4)

Types of Defenses:
 Negative Defense – specific denial of the material fact or facts alleged in the pleading of
the claimant essential to his or her cause or causes of action. Types under R8.10:
o General; Total Denial. A defendant must specify each material allegation of fact
the truth of which he or she does not admit and, whenever practicable, shall set
forth the substance of the matters upon which he or she relies to support his or her
denial. (R8.10)
o Partial Denial. Where a defendant desires to deny only a part of an averment, he
or she shall specify so much of it as is true and material and shall deny only the
remainder. (R8.10)
o Denial by Disavowal of Knowledge. Where a defendant is without knowledge or
information sufficient to form a belief as to the truth of a material averment made
to the complaint, he or she shall so state, and this shall have the effect of a denial.
(R8.10)
 Notes:
o Allegations not specifically denied. Material averments in a pleading asserting a
claim or claims, other than those as to the amount of unliquidated damages, shall
be deemed admitted when not specifically denied. (R8.11) What are not admitted
even if failure to deny:
 Non-material averments.
 Amount of unliquidated damages
 Conclusions of law
o A negative pregnant has been defined as that form of a denial which implies an
affirmative, or as a denial in such form as to imply or express an admission of the
substantial fact
 Affirmative Defense – an allegation of a new matter which, while hypothetically
admitting the material allegations in the pleading of the claimant, would nevertheless
prevent or bar recovery by him or her.
R6.5b(2) R6.5b (1) R8.12
 Lack of JD over the  fraud,  No JD over the
subject matter  statute of person
 Litis pendentia limitations, (cf.  Improper venue
 Res judicata R9.1)  Lack of legal
 release, capacity to sue
 payment,  Failure to state
 illegality, cause of action
 statute of frauds,  Condition
 estoppel, precedent no
 former recovery, complied
 discharge in
 bankruptcy, and
 any other matter
by way of
confession and
avoidance.
Cf. R9.1: when it appears Failure to raise the affirmative defenses at the
from the pleadings or the earliest opportunity shall constitute a waiver
evidence on record that (R8.12b)
the court has no
jurisdiction over the MOTU PROPRIO dismissal on such grounds is
subject matter, that there erroneous.
is another action pending
between the same parties
for the same cause, or
that the action is barred
by a prior judgment or by
statute of limitations, the
court shall dismiss the
claim.
The court shall motu proprio resolve the above affirmative defenses within 30
calendar days from the filing of the answer. (R8.12c)
N/A the court may conduct a N/A
summary hearing within
15 calendar days from
the filing of the answer.
Such affirmative defenses
shall be resolved by the
court within 30 calendar
days from the
termination of the
summary hearing.
(R8.12d)
Affirmative defenses, if denied, shall not be the subject of a motion for
reconsideration or petition for certiorari, prohibition or mandamus, but may be
among the matters to be raised on appeal after a judgment on the merits
(R8.12e)

Failure to State Cause of Action

 The test of the sufficiency of the facts alleged in the complaint is whether or not,
admitting the facts alleged, the court could render a valid judgment upon the same in
accordance with the prayer of said complaint.
Failure of the complaint to state Lack of COA
a COA
R16.1 before a responsive pleading is R33 -- raised in a demurrer to evidence under
filed and can be determined only Rule 33 after the plaintiff has rested his case
from the allegations in the initiatory and can be resolved only on the basis of the
pleading and not from evidentiary or evidence he has presented in support of his
other matters claim.
Does not concern itself with the
truth/falsity of the allegations
 Counterclaim
Any claim which a defending
party may have against an
opposing party (R6.6)
Crossclaim
Any claim by one party against
a co-party arising out of the
transaction or occurrence that
the the subject matter either of
the original action or of a
counterclaim therein.
Third-party complaint
A claim that a defending
party may filed against a
person not a party to the
action

It may cover all or part of the

original claim (R6.8)

Defendant v. Plaintiff Defendant v. Defendant Defendant v. Third party

N/A Requires Leave of Court

XP: Counterclaim or crossclaim arising after filing answer

XP: Omitted Counterclaim or cross claim
Any claim (see distinction Any claim arising out of the for contribution, indemnity,
between permissive and transaction or occurrence that subrogation, or any other
compulsory) the the subject matter either of relief, in respect to his or
the original action or of a her opponent’s claim
counterclaim
Answer within 20 days from Answer within 20 days from Answer within 30 days
service service from service of summons.

 Existing Counterclaim/Crossclaim. A compulsory counterclaim or cross-claim that a

defending party has at the time he/she files the answer shall be contained therein (R11.8)
Compulsory counterclaim, or cross-claim not set up shall be barred. (R9.2).
o XP: Counterclaim or crossclaim arising after answer.

o XP: Omitted Counterclaim or crossclaim.

Counterclaim/crossclaim arising Omitted counterclaim or cross

after the answer (R11.9)
matured or was acquired by a party after
serving his or her pleading
With permission of the Court
Supplemental pleading
claim (R11.10)
Existed at the time of pleading but
pleader fails to set up a counterclaim
or crossclaim through oversight,
inadvertence, excusable neglect or
when justice requires, (cOIN-Justice)
With leave of court
Amendment before judgement

Compulsory vs. Permissive Counterclaims.

Compulsory
 arises out of or is connected with
the transaction/occurrence
constituting the subject matter of
the opposing party’s claim
 Does not require presence of 3rd
persons of whom the court cannot
acquire JD
Permissive
Any of the elements of a compulsory
counterclaim is absent
Most common feature: absence of logical
connection with the subject matter.
  Within the JD of the court as to the
amount and nature expect in an
original action in the RTC, the
counterclaim may be considered
compulsory regardless of the
amount.

Barred if not set up May be subject of an independent suit;

Not barred if not set up
Not initiatory – no requirement for CNFS Initiatory – requires CNFS
Failure to answer is not cause of default Failure to answer may be cause for default
Docket and other lawful fees should be paid. If a party does not pay, the court does
not acquire JD over his permissive counterclaim.R141

 Tests for Compulsory:

o Are the issues of fact and law raised largely the same?

o Would res judicata bar a subsequent suit on defendant’s claims absent the
compulsory counterclaim rule?
o Will substantially the same evidence support or refute plaintiff’s claim as well as the
defendant’s counterclaim?
o Is there any logical relation between the claim and the counterclaim?

 Another test: Compelling Test of Compulsoriness requires "a logical relationship

between the claim and counterclaim, that is, where conducting separate trials of the
respective claims of the parties would entail a substantial duplication of effort and time by
the parties and the court." (Quintanilla v. CA, as cited in Alday)
Reply. a pleading, the office or function of which is to deny, or allege facts in denial or
avoidance of new matters alleged in, or relating to, said actionable document. (R6.10)
 Not mandatory. An answer may only be responded to by a reply only if the defending
party attaches an actionable document. All new matters alleged in the answer are
deemed controverted.
 Amended or Supplemental Complaint. If the 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
 Period to file: 15 days from service of the Answer (R11.6)
 Reply cannot go broaden the complaint. The function of a reply is to join issue on a
counterclaim or new matter by way of defense appearing in the answer, and therein the
plaintiff may set up "any new matter, not inconsistent with the complaint, constituting a
defense to such counterclaim or new matter in the answer" or to avoid the effect of new
matter alleged as a defense. Thus it is clear that the reply cannot aid the complaint by
supplying omissions therein or broadening its scope by adding new grounds of relief, or
permit the plaintiff to take a position inconsistent with that taken in the
complaint. (McCarthy v. Employer’s Fire Ins.)
Formal Requirements of Pleadings.
 Caption (R7.1)
o Name of the Court
 o Title of the Action

 Name of the parties must be stated in the original complaint/petition. In

subsequent, it is sufficient if the name of the first party on each side be
stated.
 Their respective participation
o Docket number, if assigned

 Body (R7.2)
o Designation

o Allegation of the party’s claims or defenses

 Divided into paragraphs so numbered and readily identified. Each shall

contain a statement of a single set of circumstances so far that can be done
with convenience.
 A paragraph may be referred to by its number in all succeeding pleadings.
 HEADINGS: When two or more causes of action are joined, the statement of
the first shall be prefaced by the words "first cause of action," of the second
by "second cause of action," and so on for the others.
 HEADINGS: When one or more paragraphs in the answer are addressed to
one of several causes of action in the complaint, they shall be prefaced by
the words "answer to the first cause of action" or "answer to the second
cause of action" and so on
o Relief prayed for/Prayer. It shall specify the relief sought. It may add a general
prayer for such further or other relief as may be deemed just or equitable
o Date of pleading

 Signature and Address

o Every pleading must be signed by (1) party or (2) counsel representing him or her.

o Signature of Counsel – a certificate that that he/she has:

 (1) read the pleading and document;

 (2) that to the best of his or her knowledge, information, and belief,
 (3) formed after an inquiry reasonable under the circumstances:
 It is not for any improper purpose (harass, cause delay, increase
cost of litigation
 Claims/defenses and other legal contentions are warranted by
existing law and jurisprudence, or by a non-frivolous argument
for extending, modifying or reversing existing jurisprudence.
 The factual contentions have evidentiary support or, if
specifically, so identified, will likely have evidentiary support after
availment of the modes of discovery under these rules; and
 The denials of factual contentions are warranted on the
evidence or, if specifically, so identified, are reasonably based on
belief or a lack of information.
 o Violation of the Certificate: If the court determines, upon motion or motu proprio,
and after notice and hearing, that the rule has been violated, it may impose an
appropriate sanction or refer it to the proper office for disciplinary action on the
attorney, law firm, or party who violated the rule on any attorney, law firm, party.
 Absent exceptional circumstance, the law firm shall be solidarily liable for a
violation committed by its partner, associate, or employee.
 Sanctions include:
 Non-monetary directive or sanction
 Order to pay a penalty in court
 If posed on motion and warranted for effective deterrence, an order
directing payment to the movant of part or all of the reasonable
attorney’s fees and other expenses resulting from the violation.
 The lawyer/law firm cannot pass on the penalty to the client.
 Verification. Pleadings need not be verified except when otherwise required by law or
rule.
o What must be verified (Villacar Transit v. Catubig):

 Civil cases under the Revised Rules on Summary Procedure

 Petition for Review form the RTC to the SC raising questions of law under
R41.2
 Petition for Review from the RTC to the CA under R42.1
 Petition for Review from QD Bodies to the CA under R43.5
 Petition for Review before the SC under R45.1
 Petition for Annulment of judgements or final orders and resolutions under
R47.4
 Complaints for Injunction under R58.4
 Application for appointment of a receiver under R59.1
 Application for support pendente lite under R61.1
 Petition for certiorari against judgments, final orders or resolutions of
constitutional commissions (R64.2)
 Petition for certiorari, prohibition, mandamus under R65.1-3
 Petition for quo warranto under R66.1
 Complaint for expropriation under R67.1
 Petition for indirect contempt under R71.4
 All complaints or petitions involving intra-corporate controversies
 Complaint or petition for rehabilitation and suspension of payment under the
Interim Rules on Corporate Rehabilitation
 Petition for declaration of absolute nullity of void marriages and annulment of
void marriages
  Petition for summary proceedings under the FC.
o How Verified. 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:
 The allegations in the pleading are true and correct based on his or her
personal knowledge, or based on authentic documents;
 The pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and
 The factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable
opportunity for discovery.
o Signature of the Affiant. Certification to 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.
o The requirement regarding verification of a pleading is formal, not jurisdictional.
Such requirement is simply a condition affecting the form of pleading, the non-
compliance of which does not necessarily render the pleading fatally defective.
Verification is simply 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 the pleading is filed in good faith. The court may order the
correction of the pleading if verification is lacking or act on the pleading although it
is not verified, if the attending circumstances are such that strict compliance with
the rules may be dispensed with in order that the ends of justice may thereby be
served (Uy v. LBP)
 Certification against Non-Forum Shopping. The plaintiff/principal party shall certify
under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a
sworn certification annexed thereto and simultaneously filed therewith:
o that he or she has not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency and, to the
best of his or her knowledge, no such other action or claim is pending therein.
o if there is such other pending action or claim, a complete statement of the present
status thereof.
o if he or she should thereafter learn that the same or similar action or claim has
been filed or is pending, he or she shall report that fact within 5 calendar days
therefrom to the court wherein his or her aforesaid complaint or initiatory pleading
has been filed.
o WHO MUST SIGN? The party. 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.
 In the case of natural persons, the Rule requires the parties
themselves to sign the certificate of non-forum shopping. However, in
the case of the corporations, the physical act of signing may be performed,
on behalf of the corporate entity, only by specifically authorized individuals
for the simple reason that corporations, as artificial persons, cannot
 personally do the task themselves. (Phil Public Schools Teachers Assn. v
Heirs of Illigan)
 Note: An acting general manager has authority to sign the verification and
CNFS even without the board resolution. (Ibid)
o Failure to comply. Failure to comply with the foregoing shall not be cured by
amendment but cause for dismissal without prejudice, unless otherwise provided,
upon motion and after hearing.
o Submission of false certification, and non-compliance with undertaking
shall constitute indirect contempt of court, without prejudice to administrative and
criminal actions.
o Willful and deliberate forum shopping shall be a ground for summary dismissal
with prejudice, and shall constitute indirect contempt, as well as cause for
administrative sanctions.
CNFS Verification
Who signs
Party himself Party, lawyer, representative, or any person
who personally knows the truth of the facts
alleged in the pleading
Effect of failure to sign personally
Petition is defective No fatal effect to the petition because it is just
a formal and not a jurisdictional requisite. It is
intended simply to secure an assurance that
what are alleged in the pleading are true and
correct and not the product of the imagination
or a matter of speculation, and that the
pleading is filed in good faith
Non-compliance
Non-compliance is generally not curable by its Non-compliance does not necessarily render
subsequent submission or correction thereof. the pleading fatally defective. The Court may
Unless there is a need to relax the rule on the order its submission or correct or act on the
ground of substantial compliance or presence pleading if the attending circumstances are
of special circumstances. such that strict compliance with the Rule may
be dispensed with in order that the ends of
justice may be served
Signature requirement
It must be signed by all the plaintiffs in a case It is deemed substantially complied with when
otherwise, those who did not sign will be one who has an ample knowledge to swear to
dropped as parties to the case unless they the truth of the allegations in the
share a common interest and invoke a common complaint/petition signs the verification and
cause of action where only one signature is when matters alleged in the petition have been
deemed as substantial compliance made in good faith or are true and correct.

Other contents of pleading

 Names of witnesses who will be presented to prove a party's claim or defense
 Summary of the witnesses' intended testimonies, provided that the judicial affidavits of
said witnesses shall be attached to the pleading and form an integral part thereof.
 o Only witnesses whose judicial affidavits are attached to the pleading shall be
presented by the parties during trial. Except if a party presents meritorious reasons
as basis for the admission of additional witnesses, no other witness or a davit shall
be heard or admitted by the court;
 Documentary and object evidence in support of the allegations contained in the pleading.
Detail in Pleading
Generally:
 In a methodical and logical form,
 a plain, concise and direct statement of ultimate facts,
o "Ultimate facts" are the important and substantial facts which either directly form
the basis of the plaintiff's primary right and duty, or directly make up the wrongful
acts or omissions by the defendant. (Bacolod-Murcia Milling v. First Farmers Milling
Co)
o Test for sufficiency of the pleading: whether or not the Court could render a valid
judgment as prayed for, accepting as true the exclusive facts set forth in the
Complaint. (Ibid.)
 including the evidence on which the party pleading relies for his/her claim or defense.
 If the CoA/defense is based on law, the provisions thereof and applicability shall be clearly
and concisely stated.
Specific Rules:
Conditions Precedent General averment of performance or occurrence is sufficient.
(R8.3) Examples:
 Tender of payment before consignation
 Exhaustion of administrative remedies, in certain cases
 Prior resort to Brgy. Conciliation Proceedings
 Earnest efforts of compromise if the suit is between members
of the same family
 Arbitration when the contract between parties provides for
arbitration before judicial remedies.
Capacity (R8.4) Alleging capacity – capacity must be averred.
 Facts showing the capacity of a party to sue/be sued or
 Authority of a party to sue or be sued in a representative
capacity or
 Legal existence of an organized association or persons
Contesting Capacity. Specific denial
 A party desiring to raise an issue as to the legal existence of
any party or the capacity of any party to sue or be sued in a
representative capacity, shall do so by specific denial, which
shall include such supporting particulars as are peculiarly
within the pleader's knowledge

In Bantillo, the allegation that she was the “surviving heir” is not
sufficient. Thus, it is proper subject of a Motion for Bill of
Particulars.
Fraud/Mistake (R8.5) Must be stated with particularity
Malice, intent, May be averred generally
knowledge or other
condition of the mind
(R8.5)
Judgement (R8.6) Sufficient to aver the judgement or decision without setting forth
the matter showing jurisdiction to render it.

Authenticated copy of the judgement shall be attached to the

pleading.
Official Sufficient to aver that the document was issued or the act was done
Document/Act (R8.9) in compliance with law
Actionable Documents:
 Pleading. Whenever an action or defense is based upon a written instrument or document
(R8.7):
o The substance of such instrument or document shall be set forth in the pleading
o The original or true copy thereof shall be attached to the pleading as an exhibit,
which shall be deemed part of the pleading.
 Contesting. the genuineness and due execution of the instrument shall be deemed
admitted unless the adverse party, under oath specifically denies them, and sets forth
what he or she claims to be the facts. (R8.8)
o XP: When need not be under oath:
 when the adverse party does not appear to be a party to the instrument or
 when compliance with an order for an inspection of the original instrument is
refused.
 Effect of failure to deny:

Defenses barred Defenses not barred

 Forgery  Payment/Nonpayment
 Lack of authority to execute the  Lack of consideration
document  Usury
 Party charged signed the document in a  Fraud
capacity other than that alleged in the  Prescription
pleading  Release
 Document was never delivered
 The document was not in words/figure
as set out in the proceedings.

Amended and Supplemental Pleadings

Amendments Supplemental
Adding or striking out allegations so that the Setting forth transactions, occurrences or
actual merits of the controversy may speedily events which have happened since the date of
be determined, without regard to the pleading sought to be supplemented.
technicalities, in the most expeditious and (R10.6)
inexpensive manner (R10.1)  Upon motion (leave of court)
 Adding an allegation  Upon reasonable notice
 Adding the name of any party  Upon such terms as are just
 Striking out an allegation
 Striking out the name of the party
 Correcting a mistake or inadequate
allegation or description in any other
respect
 Correcting a mistake in the name of a
party
As a matter of right. May amend a pleading Upon motion
once at anytime before a responsive pleading Upon reasonable notice and upon such terms
is service, or in case of a reply, anytime as are just
within 10 calendar days after it is served
(R10.2) The adverse party may plead thereto within
By leave of Court. Substantial amendments 10 calendar days from notice of the order
may only be done with leave of court, but admitting the supplemental pleading.
shall be refused if (R10.3):
 Made with intent to delay
 To confer jurisdiction
 To confer a cause of action
Requisites:
 Motion in Court (leave of court)
 Notice to adverse party
 Opportunity to be heard
Formal Amendments. summarily corrected
by the court at any stage of the action, at its
initiative or on motion, provided no prejudice
is caused.
 Defect in the designation of the parties
 Clerical/Typographical errors

Effect. Supersedes the pleading it amends. A supplement exists side by side with the
However, the admissions in superseded original. It does not replace that which it
pleadings may be offered in evidence against supplements. Moreover, a supplemental
the pleader; claims or defenses alleged pleading assumes that the original pleading is
therein not incorporated in the amended to stand and that the issues joined with the
pleading shall be deemed waived. original pleading remained an issue to be tried
in the action. It is but a continuation of the
complaint. Its usual office is to set up new
facts which justify, enlarge or change the kind
of relief with respect to the same subject
matter as the controversy referred to in the
original complaint. (Planters Development
Bank v. LZK Holdings) s
 No amendment to conform to the evidence. 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 raised in the pleadings. (R10.5)

Periods for Pleadings

Answer to complaint 30 calendar days from service of summons, unless
(R11.1) a different period is fixed
Answer of a defendant within 60 days after receipt of such summons by
foreign private juridical such entity.
entity (R11.2)
If summons is made on
the government official
designated by law to
receive,
Answer to amended If as a matter of right, 30 days from service of the complaint
complaint (R11.3)
 If not as a matter of right, notice of the order admitting the
within 15 days from– an amended complaint.
answer already filed may serve
as an answer to the amended
complaint if no new answer is
filed.

Answer to counterclaim 20 calendar days from service

or crossclaim (R11.4)
Answer to Third-party
complaint (R11.5)
Answer to Supplemental
Complaint (R11.7)
Reply
Counterclaim/crossclaim
arising from answer
Presented by
supplemental pleading
30 calendar days from service of summons
20 days from notice of the order
admitting the same.
15 calendar days From service of the pleading
Before judgement If counterclaim or a cross-claim
which either matured or was
acquired by a party after serving
his or her pleading may, with the
permission of the court,

Motion for Extension to File Answer (R11.11)

 Meritorious reasons
 Additional period of not more than 30 days to file.
 Only one motion for extension allowed

Computation of Time. (R22.1)

 The day of the act/event from which the designated period of time begins to run is to be
excluded.
 The date of performance included
 If the last day of the period 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
Effect of Interruption. Should an act be done which effectively interrupts the running of the
period, the allowable period after such interruption shall start to run on the day after notice of
the cessation of the cause thereof (R22.2)
The day of the act that caused the interruption shall be excluded in the computation of the
period.

Filing and Service of Pleadings.

Definitions (R13.2)
 Filing: act of submitting the pleading or other paper to the court
 Service: act of providing a party with a copy of the pleading or any other court
submission.
 o If a party has appeared by counsel, service upon such party shall be made upon
his/her counsel, unless service upon the party and party’s counsel is ordered by the
court.
o Where one counsel appears for several parties, such counsel shall only be entitled
to one copy of any paper served by the opposite side
 What must be filed and served? (R13.4)
o Judgement

o resolution,

o order,

o pleading subsequent to the complaint,

o written motion,

o notice,

o appearance,

o demand,

o offer of judgment or similar papers

 Conventional Service; Personal or Registered Mail only. Shall not be served or filed
electronically, unless express permission is granted by the court. (R13.14)
o Initiatory pleadings and initial responsive pleadings, such as an answer;

o Subpoenae, protection orders, and writs

o Appendices and exhibits to motions, or other documents that are not

readily amenable to electronic scanning may, at the option of the party filing
such, be filed and served conventionally;
o Sealed and confidential documents or records.

Manner of Filing (R13.3) Proof of Filing – existence in the record of the case,
if not filing shall be proven by (R13.16):
Submitting the clerk of court written or stamped acknowledgment of its filing
personally shall endorse on the by the clerk of court on a copy of the pleading or
the original to pleading the date court submission
the court – and hour of filing

Registered the date of the  the registry receipt and

mail mailing of motions,  by the affidavit of the person who mailed it,
pleadings, and other containing
court submissions, o a full statement of the date and place of
and payments or deposit of the mail in the post office in a
deposits, as shown sealed envelope addressed to the court,
by the post office o with postage fully prepaid, and
stamp on the o with instructions to the postmaster to
envelope or the return the mail to the sender after ten
registry receipt, (10) calendar days if not delivered.
Accredited shall be considered  an affidavit of service of the person who
Courier as the date of their brought the pleading or other document to
 filing, payment, or the service provider, together with
deposit in court.  the courier's official receipt and
 document tracking number.
Email the date of  affidavit of electronic filing of the filing party
electronic accompanied by a paper copy of the pleading
transmission shall be or other document transmitted or
considered as the  a written or stamped acknowledgment of its
date of filing. filing by the clerk of court.
Other  affidavit of electronic filing of the filing party
electronic accompanied by a paper copy of the pleading
means as may or other document transmitted or
be authorized
by the court

Modes of Service (R13.5)

Personal Personal Deliver to: Substituted Completed by written
Service  Party Service – if it actual delivery admission of
(R13.6)  Party’s counsel cannot be done the party
 Authorized by Personal served, or
representative Service or
named in the Registered Mail, the official
pleading or the office and return of the
motion place of server, or
Leaving it at his office residence of the
with party or his affidavit of the
 Clerk counsel is party serving,
 Person having unknown, service containing a
charge thereof may be made by statement of
If there is no person  delivering the date,
found, or his office is the copy place, and
not known, or he to the manner of
doesn’t have office clerk of service
 Leaving a copy, court
between 8-  with proof
6PM, at the of failure
party’s or of both
counsel’s personal
residence, if service
known, with a and
person of service by
sufficient age mail.
and discretion The service is
complete at the
time of such
delivery. (R13.8)

Registered Depositing the copy Service by ordinary Ordinary mail

Mail in the post office, in a mail complete upon – Affidavit of
seal envelope, plainly expiration of 10 the person
addressed to: calendar days after mailing stating
  Party mailing, unless the the facts
 Party’s Counsel court otherwise showing
Office if known provides. compliance
Residence, if known with sec 7.
Service by
With full postage fully registered mail Registered
pre-paid, with complete upon mail –
instructions to the actual receipt by affidavit
postmaster to return the addressee, or mentioned
the mail to the sender after 5 calendar above and the
after 10 calendar days from the date registry
days if undelivered. he received the receipt issued
first notice of the by the mailing
If no registry service postmaster, which office. The
is available in the ever is earlier registry return
locality of either the card shall be
sender or addressee, filed
service by ordinary immediately
mail upon its
receipt by the
sender, or in
lieu thereof,
the unclaimed
letter together
with the
certified or
sworn copy of
the notice
given by the
postmaster to
the addressee.
Accredited Service by an affidavit of
courier accredited courier service
is complete upon executed by
actual receipt by the person
the addressee, or who brought
after at least two the pleading
(2) attempts to or paper to
deliver by the the service
courier service, or provider,
upon the expiration together with
of five (5) calendar the courier's
days after the first oGcial receipt
attempt to deliver, or document
whichever is tracking
earlier. (R13.15) number
Email Made by sending an It shall be made Electronic service is Proof shall be
(R13.9) e-mail to the party's if the party complete at the made by an
or counsel's electronic consents to such time of the affidavit of
mail address, or modes of service electronic service
through other transmission of the executed by
electronic means of document, or when the person
transmission as the available, at the who sent the
 parties may agree on, time that the e-mail,
or upon direction of electronic facsimile, or
the court. notification of other
service of the electronic
document is sent. transmission,
Electronic service is together with
not effective or a printed proof
complete if the of transmittal
party serving the (R13.17)
document learns
that it did not
reach the
addressee or
person to be
served.
Facsimile made by sending a Service by
(R13.9) facsimile copy to the facsimile
party's or counsel's transmission is
given facsimile complete upon
number receipt by the
other party, as
indicated in the
facsimile
transmission
printout. (R14.15)
Other
electronic
means
authorized
by the
court or as
provided in
in’t. Conv

Presumptive Service rule. There shall be presumptive notice to a party of a court setting if
such notice appears on the records to have been mailed (R13.10):
 at least 20 days prior to the scheduled date of hearing and if the addressee is from within
the same judicial region of the court where the case is pending, or
 at least 30 calendar days if the addressee is from outside the judicial region.
Special Rules for Email and Fax:
 Notice of Change of Email or Fax Number (13.11) A party who changes their email or
fax number while the action is pending must promptly file,
o within 5 calendar days from such change,

o a notice of change or email or fax number with the court and

o serve notice to all other parties.

 Service by email or fax shall be presumed valid unless such other party notifies the court
of any change.
  Subject and Title of Pleadings (R13.12)
o Prescribed format: case number, case title and the pleading, order or document
title.
o Title: sufficient information to enable the court to ascertain from the title: (a) the
party or parties fling 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
Service of Judgements, Final Orders, Resolutions.
 Modes allowed (13.13)
o Personal or registered mail

o Upon ex-parte motion of any party, a copy of the judgement, final order or
resolution may be delivered by accredited courier at the expense of such party.
o When a party summoned by publication has failed to appear in the action,
judgments, final orders or resolutions against him or her shall be served upon him
or her also by means of publication at the expense of the prevailing party
Court issued Orders and Other Documents. The Court may electronically service orders and
documents to all the parties in the case which shall have the same effect and validity as
provided herein. A paper copy of the order or other document electronically served shall be
retained and attached to the record of the case.
Notice of Lis Pendens. In an action affecting the title or the right of possession of real
property, the plaintiff and the defendant, when affirmative relief is claimed in his or her answer,
may record in the office of the registry of deeds of the province in which the property
is situated a notice of the pendency of the action. Said notice shall contain the names of
the parties and the object of the action or defense, and a description of the property in that
province affected thereby
 Only from the time of filing such notice for record shall a purchaser, or encumbrancer of
the property affected thereby, be deemed to have constructive notice of the pendency of
the action, and only of its pendency against the parties designated by their real name
 The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the
court, after proper showing that the notice is for the purpose of molesting the adverse
party, or that it is not necessary to protect the rights of the party who caused it to be
recorded.

MOTIONS. An application for relief other than a pleading (R15.1)

 Form. All motions shall be in writing except those which should immediately be resolved
in open court after the adverse party is given the opportunity to argue his opposition
thereto (R15.2):
o Made in open court

o In the course of hearing or trial

 Contents. A motion shall state (R15.3):

o the relief sought

o Grounds upon which it is based

 o If required by the Rules, or necessary to prove facts alleged therein, shall be
accompanied by supporting affidavits and other papers.
Non-litigious (R15.4) Litigious (R15.5)
Motions which the Court may act upon All motions shall be served by personal
without prejudicing the rights of service, accredited private courier, or
adverse parties registered mail, or electronic means to
ensure their receipt by the other party.
 Proof of Service Necessary –
no writing motion shall be acted
upon by the Court without proof
of service pursuant to Sec5b
(R15.7)

These motions shall not be set for The opposing party shall file their
hearing and shall be resolved within 5 opposition within 5 calendar days from
calendar days from receipt receipt thereof.

The motion shall be resolved within 15

calendar days from receipt of the
opposition or expiration of the period to
file an opposition

The Court may, in the exercise of its

discretion, if deemed necessary for its
resolution, call a hearing on the motion.

If court decides to conduct hearing, it

shall be on Friday
XP: Motions requiring immediate action
(R15.8)
a) Motion for the issuance of an alias 1) Motion for bill of particulars;
summons; 2) Motion to dismiss;
b) Motion for extension to file answer; 3) Motion for new trial;
c) Motion for postponement; 4) Motion for reconsideration;
d) Motion for the issuance of a writ of 5) Motion for execution pending
execution; appeal;
e) Motion for the issuance of an alias 6) Motion to amend after a responsive
writ of execution; pleading has been filed;
f) Motion for the issuance of a writ of 7) Motion to cancel statutory lien;
possession; 8) Motion for an order to break in or for
g) Motion for the issuance of an order a writ of demolition;
directing the sheriff to execute the 9) Motion for intervention;
final certificate of sale; and 10) Motion for judgment on the
h) Other similar motions pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in
default; and
1. 14) Other similar motions
 Motion day. Except for motion requiring immediate action, where the court decides to
conduct a hearing on a litigious motion, the same shall be on Friday. (R15.8)
  Omnibus Motion. Subject to R9.1, a motion attacking a pleading shall include all
objections then available, and all objections not so included are deemed waived (R15.9)
 Procedure on Litigious Motions:

The opposing The motion shall be The Court may, in its Except for motions
party shall file resolved in 15 days from discretion, call a hearing requiring
their opposition receipts of the opposition, on the motion. The immediate action,
to a litigious or upon expiration of the notice of hearing shall be where the court
motion within 5 period to file such addressed to all parties decides to conduct
calendar days opposition. (R15.5(c)) concerned and shall a hearing, the
from receipt specify the time and date same shall be set
thereof of the hearing. (R15.6) on a Friday
(R15.8)

 Prohibited Motions (R15.12)

o MTD XPT:

 No JD over the subject matter

 Litis pendentia
 Res judicata
o Motion to hear affirmative defenses

o MR on the Court’s action on the affirmative defenses

o Motion to suspend proceedings

 XP: TRO or Injunction issued by a higher court

o Motion for extension of time to file pleadings, affidavits, other papers.

 XP: R11.11 Motion for Extension to File Answer

 Once
 30 days
 Meritorious reasons
o Motion for postponement intended for delay

 XP:
 Acts of God/force majure
 Physical inability of witness to appear and testify
 The moving party will be warned that presentation of its evidence must still
be terminated on the dates agreed upon.
 ** Note: requires shall at all time be accompanied by the O.R. from the
office of the clerk of court evidencing payment of the postponement fee
under R141.21 submitted at the time of filing the motion or before the next
hearing date.
 Dismissals with Prejudice. (R15.13)
 o Action is barred by prior judgement

o Statute of limitations

o Extinguished obligation

 Payment
 Waiver
 Abandonment
o Claim on which the action is founded is unenforceable under the Statute of Frauds

o Note: Additional:

 Willful forum shopping and

 Misrepresentation by plaintiff that summons was served

Objections to Pleading
Motion to Grounds Under the New Rules, it Contents
Dismiss  Lack of JD over seems that it may be  Relief sought
subject matter filed anytime (R9.1)  Grounds relied
 Litis pendentia  Supporting
 Res Judicata affidavits and
 Prescription papers
Note: non-waivable
grounds (R9.1)
Motion to Under the Amended Rules, there the Motion must with a TRO or Injunction
Suspend issued by a higher court
Proceedings
Other grounds:
 Suspension of a civil action for damages against the alleged offender
when one claims to be injured by a criminal offense but the
prosecutor fails to institute criminal proceedings, the civil action may
be suspended until criminal case terminates (art. 35)
 Willingness to discuss compromise (Art. 2030)
 If there is an arbitration agreement and the dispute is susceptible
(ADR Rules)
 Referral to Lupon

Note: Follow procedure on litigious motions

Motion for Bill Ground: For a definitive It must be filed Contents:
of Particulars statement or bill of  Before  the defects
particulars to enable responding to a complained of,
them to properly prepare pleading  the paragraphs
responsive pleading.  If the pleading is wherein they
 On any matter not a reply, it must are contained,
averred with be filed within 10  and the details
sufficient days from desired.
definiteness or service (R12.1) (R12.1)
particularity;
(R12.1) Note: a MTD is not a Upon filing, the CoC
responsive pleading. must immediately
 (see notes on Detail in Thus, one can still file a bring it to the
Pleadings, Manner of Motion for Bill of attention of the court,
Making Pleadings) Particulars which may
 Deny
Compliance therewith  Grant
must be effected within  Allow the
10 calendar days from parties to be
notice of the order, heard
unless a different
period is fixed. (R12.3) It may be filed in a
separate or amended
Effect of Failure to pleading, serving a
Comply: The Court copy to the adverse
may order the striking party (R12.3)
out of the pleading or
portions thereof to
which it was directed,
or other orders as it
may deem just.
(R12.5)
Motion to Misjoinder of Party Any stage of the action On motion or any
Drop/Add and on such terms as party or initiative of
Parties are just. the court
Motion to Misjoinder of CoA N/A
Sever Cause of
action
Motion to sham or false, redundant, immaterial, MOTION:
Strike impertinent, or scandalous matter be stricken Before a party
out therefrom (R8.13) responds to a pleading

Failure to comply or insufficiency of If no responsive

compliance with Bill of Particulars (R12.4) pleading is permitted,
upon Motion made by
Failure to Comply with Modes of Discovery a party within 20
(R29) calendar days after
 Any party refuses to obey an order to service of the pleading
answer designated questions
 Refusal to produce any document or other COURT:
thing for inspection, copying, photographing, Court’s own initiative
permit it to be done, permit entry upon
property
 Refusal to submit to physical, mental
examination.
 willfully fails to appear before the officer who
is to take his or her deposition, after being
served with a proper notice, or fails to serve
answers to interrogatories submitted under
Rule 25 after proper service of such
interrogatories
Motion for Grounds (R34.1) Can be filed after the Motu proprio
Judgement on  If it is apparent answer is filed. Motion
the Pleadings that the answer
fails to tender an -- Thus only the
 issue, claimant may file
 The answer admits
the material
allegations of the
adverse party’s
pleadings.
XP:
 Annulment of
marriage
 Declaration of
Nullity
 Legal separation

Motion for Requisites (R35.3) For the claimant – The motion shall cite
Summary  There must be no anytime after the (R35.3):
Judgement genuine issue to pleading in answer has  Supporting
any material fact, been served (R35.1) affidavits,
except for the depositions or
amount of For defending party – admission
damages anytime (R35.2)  Specific law
o Genuine relied upon
issue – The adverse party may
issue of fact file a comment and Form of Affidavits
which serve opposing (R35.5)
requires the affidavits, depositions,  made on
presentatio or admissions within 5 personal
n of calendar days from knowledge
evidence receipt of the motion.  shall set forth
 Party presenting (R35.3) such facts as
the motion must would be
be entitled to a The Court may order admissible in
judgment as conduct of a hearing. evidence
matter of law.  shall show
affirmatively
If may be partial! that the affiant
 If the judgement is competent to
is not rendered on testify to the
the whole case, or matters stated
for all the reliefs therein
sought and trial is  Certified true
necessary, the copies of all
court may papers or parts
ascertain what thereof referred
material facts to in the
exist without affidavit shall
substantial be attached
controversy, thereto or
including the served
amount of therewith
damages. Affidavits made in BF
 The facts so or for purpose of
ascertained shall delay, the court shall
be deemed order the party or
 established. counsel to pay (1)
reasonable expenses
which the filing of the
affidavits cause
him/her to incur (2)
adjudge the offending
party or counsel guilty
of contempt.

Summary Judgement Judgement on the Pleadings

Based on pleadings, depositions, admissions, Based solely on pleadings
and affidavits. (R35.1)
Both plaintiff and defendant Generally, only plaintiff unless the defendant
presents a counterclaim
No genuine issue between the parties (i.e. Answer fails to tender an issue or otherwise
there may be issues but these are irrelevant) admits the material allegations of the adverse
party’s pleadings
May be interlocutory (as in the case of On the merits
partial summary judgment) or on the merits
If filed by claimant: At any time after the After the answer only
pleading in answer thereto has been served.

If filed by defendant: Any time.

Litis Pendentia
Requisites:
 Identity of parties or at least such as representing the same interest in both actions
 Identity of rights asserted and prayed for, the relief being founded on the same facts
 Identity in both cases is such that the judgment which may be rendered in the pending
case, regardless of which party is successful, would amount to res judicata in the other
case
Tests/Considerations, in ascending order of importance, in determining which action should
prevail (Dotmatrix v. Legaspi):

 [date of filing] (1) the date of filing, with preference generally given to the First
action filed to be retained;
 [anticipatory test] (2) whether the action sought to be dismissed was Fled merely to
preempt the later action or to anticipate its Fling and lay the basis for its dismissal;
and
 [more appropriate test] (3) whether the action is the appropriate vehicle for
litigating the issues between the parties.
Res Judicata
Bar by prior judgment (Claim preclusion) Conclusiveness of judgment (Issue
preclusion)
judgments or final orders with respect to facts and issues resolved in a former suit
matters adjudged or matters that could have cannot be raised in a future case between the
been raised, are conclusive between the same parties, even if it involves a different
parties, their successors in interest by title to claim or cause of action. Identity of cause of
actions subsequently filed over the same action is not required, but merely identity of
thing. issues.

Bar to the prosecution of a second action
upon the same claim, demand, or cause of
action
It does not primarily refer to the issues
already determined but to the claim or
cause of action which is the same in the first
and second
precludes the relitigating of a particular fact
of issue in another action between the same
parties on a different claim or cause of action.
It does not bar a different case since there is
no required identity of causes of action. What
it bars is the relitigation of an issue
already resolved with finality in a
previous case between the same parties.

It pertains to the fact or issue in another

action between the same parties with
different claim/CoA

R39.47b
with respect to the matter directly adjudged
or
as to any other matter that could have been
raised in relation thereto
conclusive between the parties and their
successors in interest by title subsequent to
the commencement of the action or special
proceeding, litigating for the same thing and
under the same title and in the same capacity
Merger or bar
Identity of causes of action
R39.47c
In any other litigation between the same
parties or their successors in interest, that
only is deemed to have been adjudged in a
former judgment or final order which appears
upon its face to have been so adjudged, or
which was actually and necessarily included
therein or necessary thereto.
Collateral estoppel
Identity of parties

Identity of parties Identity of subject matter

Identity of subject matter

Judgment in the first case bars prosecution of Judgment in the first case is conclusive only
the second action altogether. to matter actually contravened and
determined.
 When is there substantial identity of parties? When there is community of interest
or privity of interest between a party in the first and a party in the second case even if
the first case did not implead the latter.
When Res Judicata (Issue Preclusion) attaches:
 Judgement sought to bar the new action must be final
 The decision must be rendered by court having JD over the subject matter
 Disposition of the case must be a judgement on the merits
 There must be, as between the first and second action, identity of parties and subject
matter, but not identity of causes of action.
Res Judicata Law of the Case Stare Decisis
The ruling in Operates only in the particular and single case Once a point of law has
one case is where the ruling arises and is not carried into been established by the
carried over other cases as precedent. court, that point of law
to another will generally be
case between The ruling need not be followed as precedent in followed by the same
the same subsequent litigation between other parties, neither court and all courts of
parties by the appellate court which made the decision lower rank in
followed on a subsequent appeal in the same case nor subsequent cases where
by any other court. the same legal issue is
raised.

Dismissals
By filing notice by plaintiff
Before service of answer/
motion for summary
judgement
Does not include a MTD
(Dael v. Sps. Beltran)
Upon Motion of plaintiff
After service of answer
Due to fault of plaintiff
If, for no justifiable cause,
Plaintiff fails to appear on the
date of the presentation of
his evidence in chief
failure of the plaintiff to
prosecute his action for an
unreasonable length of time

The failure of the plaintiff to

Notice of Dismissal
Plaintiff
Ministerial – Shall issue an
order confirming such
dismissal
GR: Without prejudice
comply with the Rules of
Court/any order of the court
Motion with hearing Motu proprio or defendant’s
motion
Plaintiff Defendant or Court
Discretionary— Discretionary
 Upon approval of the Court
 Upon such terms and
conditions as the court may
deem proper
GR: Without prejudice GR: With prejudice

XP: (1) Notice of dismissal
provides so; (2) Plaintiff
previously dismissed the
same case in a court of
competent JD on the same
claim
No Counterclaim could
have been pleaded yet
XP: (1) the order of dismissal XP: Unless declared by the
specifies so Court
Dismissal limited to the complaint, Dismissal limited to the
without prejudice to a separate complaint, without prejudice
suit
UNLESS, within 15 calendar days
from notice of the motion, he/she
manifests his/her preference to
have the counterclaim resolved in
the same action.
  Test for Non Prosequitur. While a court can dismiss a case on the ground of non
prosequitur, the real test of such power is whether, under the circumstances, plaintiff is
chargeable with want of due diligence in failing to proceed with reasonable promptitude.
 Two-Dismissal Rule. for a dismissal to operate as an adjudication upon the merits, i.e.
with prejudice to the re-filing of the same claim, the following requisites must be present
(Ching v. Cheng):
o (1) There was a previous case that was dismissed by a competent court;
o (2) Both cases were based on or include the same claim;
o (3) Both notices for dismissal were filed by the plaintiff; and
o (4) When the motion to dismiss filed by the plaintiff was consented to by the
defendant on the ground that the latter paid and satisfied all the claims of the
former.
 Effect on Counterclaim on Dismissal by defendant. we then categorically ruled that a
counterclaim arising from the unfounded suit may proceed despite the dismissal of the
complaint for lack of jurisdiction over the person of defendant-counterclaimant (Perkin
Elmer Singapore v. Dakila Trading)…if the dismissal of the complaint somehow eliminates
the cause of the counterclaim, then the counterclaim cannot survive. Conversely, if the
counterclaim itself states sufficient cause of action then it should stand independently of
and survive the dismissal of the complaint. Now, having been directly confronted with the
problem of whether the compulsory counterclaim by reason of the unfounded suit may
prosper even if the main complaint had been dismissed, we rule in the affirmative.
(Padilla v. Globe Asiatique)
Default. If the defending party fails to answer within the time allowed therefor (R9.3)
 The Court shall declare default upon:
o motion of the claiming party with

o notice to the defending party, and

o proof of such failure

 The Court shall proceed to render judgment granting the claimant such relief as his or her
pleading may warrant, unless the court in its discretion requires the claimant to submit
evidence. This may be delegated to the clerk of court.
 Effect of Order of Default. Party in default shall be entitled to notices of subsequent
proceedings but shall not take part in trial.
 Relief from order of default. A party declared in default may at any time after notice
thereof and before judgment, file a motion under oath to set aside the order of default.
They must show:
o failure to answer was due to fraud, accident, mistake or excusable negligence and

o that he or she has a meritorious defense

 Partial Default. When a pleading asserting a claim states a common cause of action
against several defending parties, some of whom answer and the others fail to do so, the
court shall try the case against all upon the answers thus filed and render judgment upon
the evidence presented.
 Extent of Relief Awarded. A judgment rendered against a party in default shall neither
exceed the amount or be different in kind from that prayed for nor award unliquidated
damages
  When default not allowed. [I]n an action for annulment or declaration of nullity of
marriage or for legal separation
o the court shall order the Solicitor General or his or her deputized public prosecutor,
to investigate whether or not a collusion between the parties exists, and if there is
no collusion, to intervene for the State in order to see to it that the evidence
submitted is not fabricated.
Requisites:
 Court has acquired JD over the person of the defending party
 Claiming party must file a motion to declare defendant in default
 Claiming party must prove that the defending party has failed to answer
 Defending party must be notified of the motion
 There must be hearing of the motion to declare the defending party in default
Remedies from Order of Default
 Remedy after notice of order, before judgement.
o Motion to Set Aside order of Default.

 that (a) the failure to answer was due to fraud, accident, mistake, or
excusable negligence (FAMEN), and that
 (b) he has a meritorious defense, i.e., there must be an affidavit of merit
(R9.3(b))
o Certiorari GAD if order of default is tainted with illegality.

 Remedy after judgement and before judgement becomes final.

o Motion for New Trial.

oAppeal from the judgement as being contrary to the evidence or law (Lina v. CA)
 (a) If an appeal is made without first asking the RTC to set aside the
declaration of default, and the appellate court sets aside on said
declaration, all he can get is a review of the RTC's default judgment without
the opportunity of having the higher court consider defense evidence (for the
simple reason that no evidence was even adduced by him in the RTC) (See
Rule 41, sec. 2, par. 3, Rules of Court).
 (b) If upon the other hand, the defendant first asks the RTC to set
aside the declaration of default (See Rule 18, secs. 2 and 3, Rules of
Court), and he is able to prevail, the declaration will be set aside, and he
will now have the opportunity to present his evidence in the RTC. Thus, even
if he finally loses in the RTC's subsequent decision, his defense can be
considered, when appeal is made to the appellate tribunal. Of course, even if
the default declaration is not set aside despite his motion for the setting
aside, he will be entitled to all notices in the court proceedings, and can file
any pleading he may wish to file, including the notice of appeal. (See Rule
13, sec. 9, Rules of Court).
 Remedy after judgement is final and executory.
o Petition for relief from judgement under R38 (Republic v. SB) on the
grounds of fraud, accident, mistake, excusable negligence
o Annulment of judgement (R47) for extrinsic fraud, or lack of JD
Note: Dismissals with Prejudice. (R15.13)
 Action is barred by prior judgement
 Statute of limitations
 Extinguished obligation
o Payment

o Waiver

o Abandonment

 Claim on which the action is founded is unenforceable under the Statute of Frauds
 Note: Additional:
o Willful forum shopping and

o Misrepresentation by plaintiff that summons was served