Civil Procedure: Action in REM Action in Personam Action Quasi in Rem

10 2005 CENTRALIZED BAR OPERATIONS
CIVIL PROCEDURE
RULE 1 (B)
GENERAL PROVISIONS ACTION IN ACTION IN ACTION
REM PERSONAM QUASI IN REM
Statutes regulating the procedure of
courts will be construed as applicable to Directed Directed Directed
actions pending and undetermined at the against the against against
time of their passage so long as vested thing itself particular particular
rights will not be impaired. persons persons
Under the 1987 Constitution, the rule- Judgment is Judgment is Judgment

binding on the binding only binding upon
making power of the Supreme Court has
whole world upon parties particular
the following limitations: impleaded or persons, but
1. shall provide a simplified and their the real motive
inexpensive procedure for the successors in is to deal with
speedy disposition of cases; interest real property
2. Uniform for all courts of the or to subject
same grade, and said property
3. Shall not diminish, increase or to certain
modify substantive rights (Art. claims.
VIII Sec. 5[5]). Ex. Land Ex. action to Ex. Unlawful
registration recover detainer or
case; probate damages; forcible entry;
Section 3. Cases governed. proceedings action for judicial
ACTION CLAIM for allowance breach of foreclosure of
of a will. contract mortgage.
An ordinary suit in a A right possessed by
court of justice one against another
The distinction is important in
One party prosecutes The moment said
another for the claim is filed before a determining the EFFECT of the
enforcement or court, the claim is judgment.
protection of a right converted into an
or the prevention or action or suit. (C)
redress of a wrong.
REAL PERSONAL MIXED
ACTION ACTION ACTION
CLASSIFICATION OF ACTIONS. Ownership or personal property is Both real and
(A) possession of sought to be personal
ORDINARY CIVIL SPECIAL CIVIL real property is recovered or where properties are
involved damages for breach involved
ACTION ACTION of contract are
sought
Governed by ordinary Also governed by Founded on Founded on privity Founded on
rules ordinary rules but privity of of contract both
SUBJECT to specific estate
rules prescribed (Rules ex. Accion Ex. Action for a sum ex. Accion
62 to 71). reinvidicatoria of money publiciana
with a claim
for damages
Formal demand of Special features not
one’s legal rights in a found in ordinary civil
court of justice in the actions The distinction is significant in the
manner prescribed by determination of venue. With respect to
the court or by the mixed actions, the rules on venue of real
law actions shall govern, i.e., where the real
property is located.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
San Beda College of Law 11
MEMORY AID IN REMEDIAL LAW
(D)
LOCAL ACTION TRANSITORY Section 6. Construction.
ACTION
General Rule: Liberal construction .
Must be brought in a Generally, must be Exceptions:
particular place, in brought where the a. reglementary periods
the absence of an party resides b. rule on forum shopping
agreement to the regardless of where
contrary the cause of action
arose
RULE 2
Ex. Action to recover Ex. Action to recover CAUSE OF ACTION
real property sum of money
Section 2. Cause of Action, defined.
Section 5. Commencement of action. Essential elements of cause of action
1. Existence of a legal right of the
An action is commenced by: plaintiff;
1. filing of the complaint (the date of 2. Correlative legal duty of the
the filing determines whether or not defendant to respect one’s right;
the action has already prescribed); 3. Act or omission of the defendant
and in violation of the plaintiff’s
2. payment of the requisite docket fees legal right; and
(determined on the basis of the 4. Compliance with a condition
amount of the claim including the precedent.
damages indicated in body or the
prayer of the pleading) CAUSE OF ACTION RIGHT OF ACTION
delict or wrongful act remedial right or right
It is not simply the filing of the or omission committed to relief granted by
by the defendant in law to a party to
complaint or the appropriate initiatory
violation of the institute an action
pleading but also the payment of the primary rights of the against a person who
prescribed docket fee that vests a trial plaintiff has committed a delict
court with jurisdiction over the subject or wrong against him
matter or nature of the action. The reason for the the remedy or means
action afforded or the
The court may allow the payment of the consequent relief
deficient docket fee within a reasonable the formal statement right that is given –
period but not beyond the applicable of alleged facts the right to litigate
prescriptive or reglementary period. because of the
occurrence of the
alleged facts
An action can be commenced by filing
Determined by facts determined by
the complaint by registered mail. In as alleged in the substantive law
which case, it is the date of mailing that complaint and not the
is considered as the date of filing, and prayer therein
not the date of the receipt thereof by
the clerk of court.
RELIEF REMEDY SUBJECT
MATTER
The date of the filing of an amended
the redress, the the thing,
complaint joining additional defendant is protection, procedure or wrongful act,
the date of the commencement of the award or type of contract or
action with regard to such additional coercive action which property which
defendant. measure which may be is

REMEDIAL LAW COMMITTEE

CHAIRPERSON: Jinky Ann Uy  ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala  SUBJECT HEADS: Jona Obiña (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
Section 5. Joinder of causes of action.

the plaintiff availed of by directly Rule in this section is PERMISSIVE and the
prays the court the plaintiff involved in the plaintiff can always file a separate
to render in his as the means action, action for each cause of action.
favor as a to obtain the concerning
consequence of desired which the
the delict relief wrong has Par. (a): The joinder of causes of action
committed by been done and may involve the same or different
the defendant with respect parties. If the joinder involved different
to which the parties, it must comply with Sec. 6 Rule
controversy 3, thus, there must be a question of fact
has arisen. or law common to both parties joined
arising out of the same or series of
Section 4. Splitting a single cause of transactions.
action, effect of.
Par. (b) requires that: only causes of
SPLITTING OF CAUSE OF ACTION – is the action in ordinary civil actions may be
practice of dividing one cause of action joined, obviously because they are
into different parts and making each subject to the same rules.
part subject of a separate complaint.
Par. (c) As long as one cause of action
Applies NOT only to complaints but also falls within the jurisdiction of the RTC,
to counterclaims and crossclaims. the case can be filed there even if the
MTC has jurisdiction over the others.
Remedy against splitting a single cause Pars. (d) embodies the TOTALITY RULE
of action: Section 33 BP129, as amended by RA
A. Motion to dismiss on the ground of: 7691 - Where there are several claims or
 Litis pendentia, if the first causes of actions between the same or
complaint is still pending (Rule different parties, embodied in the same
16, Sec. 1[e]); or complaint, the amount of the demand
 Res judicata, if any of the shall be the totality of the claims in all
complaints is terminated by final the causes of actions, irrespective of
judgment (Rule 16, Sec. 1[f]) whether the causes of action arose out
of the same or different transactions.
B. An answer alleging either of the
above-cited grounds as affirmative SPLITTING OF JOINDER OF
defense (Rule 16, Sec. 6) CAUSE OF ACTION CAUSES OF ACTION
General Rule on Divisible Contract There is a single cause Contemplates several

A contract to do several things at several of action causes of action
times is divisible, and judgment for a
single breach of a continuing contract is PROHIBITED. Causes ENCOURAGED.
not a bar to a suit for a subsequent multiplicity of suits Minimizes multiplicity
and double vexation of suits and
breach.
on the part of the inconvenience on the
defendant parties
Doctrine of Anticipatory Breach
Even if the contract is divisible in its
performance and the future periodic Section 6. Misjoinder of causes of
deliveries are not yet due, if the obligor action.
has already manifested his refusal to Not a ground for dismissal of an action. A
comply with his future periodic misjoined cause of action may be
obligations, “the contract is entire and severed and proceeded with separately.
the breach total,” hence there can only There is no sanction against non-joinder
be one action for damages (Blossom & of separate causes of action since a
Co. vs. Manila Gas Corp., 55 Phil. 226)

CHAIRPERSONS
Ethics)
plaintiff needs only a single cause of Impleading the beneficiary as a party in

action to maintain an action. the suit is now mandatory, in cases
allowed to be prosecuted or defended by
RULE 3 a representative.
PARTIES TO CIVIL ACTIONS
CLASSIFICATION OF PARTIES IN
Section 1. Who may be parties; INTEREST
plaintiff and defendant. 1. Indispensable parties – those without
whom no final determination can be had
REQUIREMENTS FOR A PERSON TO BE A of an action. (must be joined)
PARTY TO A CIVIL ACTION:
1. he must be a natural or juridical 2. Necessary (or proper) parties – those
person or an entity authorized by who are not indispensable but ought to
law; be parties if complete relief is to be
2. he must have a legal capacity to sue; accorded as to those already parties, or
and for a complete determination or
3. he must be the real party in interest. settlement of the claim subject of the
action. (may or may not be joined)
PLAINTIFFS- Those having an interest in
the subject matter of the action or in 3. Representative parties – someone
obtaining the relief demanded. acting in fiduciary capacity. Maybe a
trustee, guardian, executor or
DEFENDANTS: administrator, or a party authorized by
1. persons who claim an interest in the law or these Rules.
controversy or the subject thereof
adverse to the plaintiff; or An agent acting in his own name and for
the benefit of an undisclosed principal
2. who are necessary to a complete may sue or be sued without joining the
determination or settlement of the principal except when the contract
questions involved therein; or involves things belonging to the principal
3. all those who ordinarily should be 4. Pro forma parties – those who are
joined as plaintiffs but who do not required to be joined as co-parties in
consent thereto, the reason suits by or against another party as may
therefore being stated in the be provided by the applicable
complaint. substantive law or procedural rule such
as in the case of spouses under Sec. 4.
Neither a dead person nor his estate may
be a party plaintiff in a court action… 5. Quasi parties – those in whose behalf
Considering that capacity to be sued is a class or representative suit is brought.
correlative of the capacity to sue, to the
same extent, a decedent does not have Section 5. Minor or incompetent
the capacity to be sued and may not be persons.
named a party defendant in a court
action (Ventura vs. Militante 316 SCRA Under the present rule, a person need
226). not be judicially declared to be
incompetent in order that the court may
Section 3. Representatives as parties. appoint a guardian ad litem. It is enough
that he be alleged to be incompetent.
REAL PARTY IN INTEREST – the party The suit can be brought by or against the
who stands to be benefited in the suit or minor or incompetent person personally
the party entitled to the avails of the BUT with the assistance of his parents or
suit. guardian.


Section 6. Permissive joinder of SOLIDARY DEBTORS – either is

parties. indispensable and the other is not even a
necessary party because complete relief
PERMISSIVE JOINDER – the aggregate may be obtained from either.
sum of all the claims, determines the
jurisdiction of the court. Section 9. Non-joinder of necessary
parties to be pleaded.
Requisites of permissive joinder of
parties. The non-inclusion of a necessary party
1. Right to relief arises out of the same may be excused only on meritorious
transaction or series of transactions; grounds.
2. There is a question of law or fact
common to all the plaintiffs or The court may order the inclusion of the
defendants; and omitted necessary party if jurisdiction
3. Such joinder is not otherwise over his person may be obtained by
proscribed by the provisions of the ordering plaintiff to file an amended
Rules on jurisdiction and venue. complaint impleading the necessary
party therein as co-defendant.
SERIES OF TRANSACTIONS – transactions
connected with the same subject of the The only sanction for failure to implead
action. a necessary party when ordered by the
court and jurisdiction can be obtained
INDISPENSABLE NECESSARY over said party is a waiver of the claim
PARTIES PARTIES against him. This is considered as an
exception to the provision on penalties
The action cannot The action can imposed on a disobedient party under
proceed unless they proceed even in the Sec. 3 of Rule 17 which would have
are joined absence of some entailed the dismissal of the complaint
necessary parties itself.
No valid judgment if The case may be
indispensable party is determined in court
Section 11. Misjoinder and non-joinder
not joined but the judgment of parties.
therein will not
resolve the entire Neither misjoinder nor non-joinder of
controversy if a parties is a ground for dismissal of the
necessary party is not action.
joined
Objections to defects in parties should
They are those with They are those whose be made at the earliest opportunity – the
such an interest in the presence is necessary
moment such defect becomes apparent –
controversy that a to adjudicate the
final decree would whole controversy but
by a MOTION TO STRIKE THE NAMES OF
necessarily affect their whose interests are so THE PARTIES impleaded.
rights so that the court far separable that a
cannot proceed final decree can be If there is misjoinder, a separate action
without their presence made in their absence should be brought against the party
without affecting misjoined.
them
The absence of an indispensable party
renders all subsequent actions of the
JOINT DEBTORS – indispensable party court null and void for want of authority
with respect to own share and a to act, not only as to the absent parties
necessary party with respect to the but even as to those present.
share of the others.

CHAIRPERSONS
Ethics)
Section 12. Class suit. Section 15. Entity without juridical

personality as defendant.
REQUISITES OF A CLASS
/REPRESENTATIVE SUIT. They may be sued under the name by
1. subject matter of the which they are generally known, but
controversy is one of common or they cannot sue under such name for
general interest to many lack of juridical personality.
persons;
2. parties affected are so numerous The service of summons may be effected
that it is impracticable to bring upon all the defendants by serving upon
them all before the court; any of them, or upon the person in
3. parties bringing the class suit are charge of the office or place of business
sufficiently numerous or maintained under such name. (Sec. 8,
representative of the class and Rule 14)
can fully protect the interests of
all concerned. INSTANCES WHERE SUBSTITUTION OF
PARTIES IS PROPER:
Class Suit Permissive Joinder
of Parties A. Death of party; duty of counsel (Sec.
There is one single There are multiple 16)
cause of action causes of action This provision applies where the claim is
pertaining to separately belonging not thereby extinguished as in cases
numerous persons to several persons. involving property and property rights
such as:
1. recovery of real and personal
Section 14. Unknown identity or name property against the estate.
of defendant. 2. enforcement of liens on such
properties
Requisites: 3. recovery for an injury to person
1. there is a defendant or property by reason of tort or
2. his identity or name is unknown delict committed by the
3. fictitious name may be used deceased.
because of ignorance of
defendant’s true name and said In this case, the heirs will be substituted
ignorance is alleged in the for the deceased OR if no legal
complaint representative is named then the court
4. identifying description may be will order the opposing party to procure
used: sued as unknown owner, the appointment of an executor or
heir, devisee, or other administrator for the estate of the
designation deceased.
5. amendment to the pleading
when identity or true name is In case of minor heirs, the court may
discovered appoint a guardian ad litem for them.
6. defendant is the defendant being
sued, not a mere additional The substitute defendant need not be
defendant summoned. The ORDER OF
SUBSTITUTION shall be served upon the
Service of summons upon a defendant parties substituted for the court to
whose identity is unknown may be made acquire jurisdiction over the substitute
by publication in a newspaper of general party
circulation in accordance with Section 14
of Rule 14.

If there is failure to notify the fact of liability for which had been
death: the case may continue and assumed by or is imputable to
proceedings will be held valid, and him.
judgment will bind the successors in
interest. If defendant dies before entry of final
judgment in the court where it was
B. Death or separation of a party who pending at that time, the action shall
is a public officer (Sec. 17) not be dismissed but shall be allowed to
continue until entry of final judgment
The action may be maintained by and thereon.
against his successor.
However, execution shall not issue in
The action contemplated here is one favor of the winning party. It should be
brought against the public officer in his filed as a claim against the estate of the
official capacity. decedent.
C. Supervening Incompetence or Section 21. Indigent party.

incapacity of a party (Sec. 18)
The action shall continue to be Indigent – one who has no property or
prosecuted by or against him, personally income sufficient for his support aside
or assisted by the corresponding from his labor, even if he is self-
guardian. supporting when able to work and in
employment. He need not be a pauper
D. Transfer of interest (Sec. 19) to entitle him to litigate in forma
Substitution of parties in this section is pauperis.
NOT mandatory, it being permissible to
continue the action by or against the While the authority to litigate as
original party in case of transfer of an indigent party may be granted upon
interest pendente lite. Unless the an ex parte application and hearing, it
substitution by or the joinder of the may be contested by the adverse party
transferee is required by the court, at any time before judgment is
failure to do so does not warrant the rendered.
dismissal of the case. A transferee
pendente lite is a proper, and not an RULE 4
indispensable party. VENUE OF ACTIONS
The case will be dismissed if the interest VENUE – the place where an action must
of plaintiff is transferred to defendant be instituted and tried.
UNLESS there are several plaintiffs, in
which case, the remaining plaintiffs can VENUE JURISDICTION
proceed with their own cause of action.
Place where the action Power of the court to
Section 20. Action on contractual is instituted hear and decide a case
money claims.
May be waived Jurisdiction over the
Requisites: subject matter and
over the nature of the
1. The action must primarily be for action is conferred by
recovery of money, debt, or law and cannot be
interest thereon, and not where waived
the money sought therein is
merely incidental thereto. Procedural Substantive
2. The claim, subject of the action, May be changed by the Cannot be the subject
arose from a contract, express or written agreement of of the agreement of
implied, entered into by the the parties the parties
decedent in his lifetime or the
CHAIRPERSONS
Ethics)
The rule on VENUE IS NOT APPLICABLE Means of waiving venue:

in cases 1. failure to object via motion to
1) Where a specific rule or law dismiss
provides otherwise; or 2. affirmative relief sought in the
2) The parties have validly agreed court where the case is filed
in writing before the filing of the 3. voluntary submission to the
action on the exclusive venue court where the case is filed
thereof (Sec. 4). 4. laches
Requisites for venue to be exclusive Section 3. Venue of actions against

1. A valid written agreement non-residents.
2. Executed by the parties before
the filing of the action; and RULES
3. Exclusive nature of the venue. 1. NON-RESIDENT FOUND IN THE
PHIL. –
In the absence of qualifying or restrictive a. for personal actions –
words, venue stipulation is merely where the plaintiff
permissive meaning that the stipulated resides; and
venue is in addition to the venue b. for real actions – where
provided for in the rule (Polytrade Corp. the property is located.
vs. Blanco 30 SCRA 187) 2. NON RESIDENT NOT FOUND IN
THE PHIL. –
Section 1. Venue of real actions. An action may be filed only
when the case involves:
If property is located at the boundaries a. Personal status of
of two places: file one case in either plaintiff – venue: where
place at the option of the plaintiff. plaintiff resides;
b. Any property of said
If case involves two properties located defendant located in the
in two different places: Phil. – venue: where the
1. If the properties are the object property or any portion
of the same transaction, file it in thereof is situated or
any of the two places. found.
2. If they are the subjects of two
distinct transactions, separate The Supreme Court has the power to
actions should be filed in each order a change of venue to prevent a
place unless properly joined. miscarriage of justice.
Section 2. Venue of personal actions. Dismissal of Action for Improper Venue

RESIDENCE – the place where the party The court may not motu propio dismiss a
actually resides with continuity and complaint on the ground of improper
consistency, whether permanent or venue. An exception is provided in
temporary, at the time the action is Section 4 of the Revised Rule on
instituted. Summary Procedure.

RULES ON SUMMARY PROCEDURE jurisdictional. It should therefore simply

SUMMARY PROCEDURE IN CIVIL CASES direct the party concerned to have it
verified.
Filing of verified
complaint with the PROHIBITED PLEADINGS / MOTIONS
MTC UNDER THE RULE ON SUMMARY
PROCEDURE.
1. Motion to dismiss the complaint
court may court may
summon the dismiss the case or to quash the complaint or
defendant outright information except on the
ground of lack of jurisdiction
over the subject matter or
failure to comply with prior
W/in 10 days If Defendant fails to barangay conciliation (referral to
from receipt of answer in 10 days –
the Lupon)
summons, The court, motu propio
defendant or on plaintiff’s 2. Motion for a bill of particulars
answers, motion, may render 3. Motion for a new trial or for
incoporating judgment based on reconsideration of a judgment or
compulsory facts alleged in the
for reopening of trial
counterclaim or complaint w/o
crossclaim, and prejudice to 4. Petition for relief from judgment
serves a copy on R9, S3 (c) 5. Motion for extension of time to
plaintiff file pleadings, affidavits, or any
other paper
6. Memoranda
7. Petition for certiorari,
mandamus, or prohibition
Answer to If plaintiff fails to
counterclaim appear in prelim against any interlocutory order
and crossclaim conference, complaint issued by the court
w/in 10 days may be dismissed. 8. Motion to declare defendant in
Defendant entitled to default
decision based on his
counterclaim. All 9. Dilatory motions for
crossclaims dismissed. postponement
Preliminary 10. Reply
conference w/in 30
11. Third party complaints
days after last
answer is filed 12. Interventions
If sole defendant The filing of a prohibited pleading will

fails to appear, not suspend the period to file an answer
plaintiff entitled to or to appeal.
W/in 5 days after
judgment based on
conference, court
complaint and
issues record of
preliminary what is proved Although a motion to dismiss is a
conference therein prohibited pleading, its filing after the
answer had already been submitted does
not constitute a pleading prohibited by
the summary rules. What the rules
W/in 10 days from
receipt of order, proscribe is a motion to dismiss that
submission by the would stop the running of the period to
parties of affidavits file an answer and cause undue delay.
and position papers
The Court should not While a motion to declare the defendant

dismiss the complaint or in default is prohibited by the rules on
counterclaim if they summary procedure, the plaintiff may
Rendition of judgment
are not verified. nevertheless file a motion to render
w/in 30 days from judgment as may be warranted when the
receipt of last The requirement is
affidavit, or w/in 15 merely a formal defendant fails to file an answer.
days after last one, and not
clarificatory paper
CHAIRPERSONS
Ethics)
The issuance of the pre-trial order is an 1. Where one party is the

important part of the summary government or any subdivision or
procedure because it is its receipt by the instrumentality thereof;
parties that begins the ten-day period to 2. Where one party is a public
submit the affidavits and other officer or employee, and the
evidence. dispute relates to the
performance of his official
TRIAL PROCEDURE IN CIVIL CASES functions;
3. Offenses punishable by
No trial date is set. No testimonial imprisonment exceeding 1 year
evidence is required nor cross- or a fine exceeding P5,000.00;
examination of witnesses allowed. All 4. Offenses where there is no
that is required is that within (10) days private offended party;
from receipt by the parties of the 5. Where the dispute involves real
court’s pre-trial order, they shall submit properties located in different
(1) the affidavits of their witnesses (2) cities or municipalities UNLESS
and other evidence on the factual issues the parties thereto agree to
set forth in the pre-trial order, Together submit their differences to
with their position papers setting forth amicable settlement by an
the law and the facts relied upon by appropriate lupon;
them. 6. Disputes involving parties who
actually reside in barangays of
Judgments of inferior courts in cases different cities or municipalities,
governed by summary procedure are EXCEPT where such barangay
appealable to the RTC. units adjoin each other and the
parties thereto agree to submit
The decision of the RTC in civil cases their differences to amicable
under this rule, including ejectment settlement by an appropriate
cases, are IMMEDIATELY executory. lupon;
7. Such other classes of disputes
KATARUNGANG PAMBARANGAY LAW which the President may
(Title One, Book III, RA 7160) determine in the interest of
justice.
No complaint, petition, action, or
proceeding involving any matter within However, the court may, at any time
the authority of the lupon shall be filed before trial, motu proprio refer the case
or instituted directly in court or any to the lupon concerned for amicable
other government office for adjudication settlement, non criminal cases not
UNLESS falling within the authority of the
1. there has been a confrontation latter.
between the parties before the
lupon chairman or pangkat, AND While the dispute is under mediation,
2. that no conciliation or conciliation, or arbitration, the
settlement has been reached OR prescriptive periods for offenses and
unless the settlement has been cause of action under existing laws shall
repudiated by the parties be interrupted upon filing of the
thereto. complaint with the punong barangay.
CASES NOT COVERED BY THE

KATARUNGANG PAMBARANGAY LAW: THE PARTIES MAY GO DIRECTLY TO
COURT IN THE FOLLOWING INSTANCES:

1. Where the accused is under contending parties are employed

detention; or at the INSTITUTION where
2. Where the person has otherwise such parties are enrolled for
been deprived of personal study – in the barangay where
liberty calling for habeas corpus such workplace or institution
proceeding; located.
3. Where the actions are coupled
with provisional remedies such CHART ON KATARUNGANG PAMBARANGAY, SEE
PAGE 22.
as preliminary injunction,
attachment, delivery of
personal property, and support PROCEDURE IN REGIONAL TRIAL
pendente lite; and COURTS
4. Where the action may otherwise
be barred by the statute of RULE 6
limitations. KINDS OF PLEADINGS
Section 1. Pleadings defined.
The parties may, at any stage of the
proceedings, agree in writing to have the PLEADINGS – the written allegations of
matter in dispute decided by arbitration the parties of their respective claims and
by either the Punong Barangay or defenses submitted to the court for
Pangkat. In such case, arbitrational appropriate judgment.
hearings shall follow order of
adjudicative trials. A motion to dismiss is NOT a pleading.
It is the allegations or averments in the
The settlement and arbitration pleading that determines the jurisdiction
agreement may be repudiated on the of the court and the nature of the
ground that consent is vitiated by fraud, action.
violence, or intimidation. Such
repudiation shall be sufficient basis for
the issuance of the certification for filing PLEADING MOTION
a complaint in court or any government
office for adjudication. It relates to the cause An application for an
of action; interested order not included in
RULES ON VENUE UNDER THE in the matters to be the judgment
KATARUNGANG PAMBARANGAY LAW included in the
1. Disputes between residents of judgment.
the same barangay shall be
brought for settlement before May be initiatory Cannot be initiatory as
lupon of said barangay they are always made
in a case already filed
2. Residents of different barangays
in court
within the same city or
municipality – in the barangay Always filed before May be filed even
where the respondent or any of judgment after judgment
the respondents reside at the
election of the complainant Section 3. Complaint.
3. Disputes involving real property
COMPLAINT – is a concise statement of
or any interest therein- where
the ultimate facts constituting the
real property or larger portion
plaintiff’s cause or causes of action,
thereof is situated
with
4. Disputes arising at the

WORKPLACE where the
CHAIRPERSONS
Ethics)
a specification of the relief sought, but 2 kinds of defenses that may be set
it may add a general prayer for such forth in the answer:
further relief as may be deemed just or a. AFFIRMATIVE DEFENSES –
equitable. allegation of a new matter which
while hypothetically admitting the
ULTIMATE FACTS - essential facts material allegations in the pleading,
constituting the plaintiff’s cause of would nevertheless prevent or bar
action. recovery by him. It is in the nature
of Confession and Avoidance
What are NOT ultimate facts: b. NEGATIVE DEFENSES – specific
1. Evidentiary or immaterial facts. denial of the material facts or facts
alleged in the pleading
2. Legal conclusions, conclusions or
inferences of facts from facts Insufficient denial or denial amounting
not stated, or incorrect to admissions:
inferences or conclusions from 1. General denial
facts stated. 2. Denial in the form of a
negative pregnant
3. The details of probative matter
or particulars of evidence, Section 6. Counterclaim
statements of law, inferences
and arguments. COUNTERCLAIM – any claim which a
defending party may have against an
4. An allegation that a contract is opposing party.
valid or void is a mere conclusion
of law. Nature of counterclaim: A counterclaim
is in the nature of a cross-complaint.
TEST OF SUFFICIENCY: if upon Although it may be alleged in the
admission or proof of the facts being answer, it is not part of the answer.
alleged, a judgment may be properly Upon its filing, the same proceedings are
given. A fact is essential if it cannot be had as in the original complaint. For this
stricken out without leaving the reason, it must be answered within ten
statement of the cause of action (10) days from service.
insufficient.
Section 7. Compulsory Counterclaim
Section 4. Answer
RULES ON COUNTERCLAIM
ANSWER – the pleading where the A counterclaim before the MTC must be
defendant sets forth his affirmative or within the jurisdiction of said court,
negative defenses. both as to the amount and nature
thereof (De Chua vs. IAC).

KATARUNGANG PAMBARANGAY PROCEDURE
Filing of complaint
w/ the Punong
Barangay (PB)
W/in the next working day At any time during the
Proceedings…
Issuance of Parties agree to

summons to submit the
the parties dispute for
arbitration
and the
witnesses
Arbitration Hearings
Mediation (hearing)
Failure of Settlement
mediation
efforts
Execution Repudiation of Award to be

Constitu- w/in 6 arbitration made after the
tion of the months from agreement lapse of the
Pangkat date thereof within 5 days period to
from date of repudiate and
agreement w/in 10 days
thereafter
Pangkat convenes not
later than 3 days
from its constitution
and summons the
Execution w/in
parties
6 months from
the date of the
Pangkat must
award
arrive at a Conciliation
settlement
w/in 15 days
(hearing)
from the day
it convenes
Repudiation of
Settlement settlement w/in 10 Note: Repudiation shall
days from date only be allowed on ground
thereof of vitiation of consent by
fraud, violence or
intimidation.
Execution w/in 6
months from the Failure of Conciliation
date of settlement ISSUANCE OF hearings at the Pangkat
CERTIFICATION FOR Level and of Arbitration
FILING OF A hearings shall also lead to
COMPLAINT IN COURT the issuance of
certification for filing a
complaint in court.

CHAIRPERSONS
Ethics)
claim.
It does not require for It may require for its

its adjudication the adjudication the
presence of third presence of third
parties of whom the parties over whom the
court cannot acquire court cannot acquire
jurisdiction. jurisdiction.
It is barred if not set It is NOT barred even

up in the action. if not set up in the
action.
Need not be Must be answered,

answered; no default. otherwise, the
defendant can be
declared in default.

GENERAL RULE: A compulsory
counterclaim not set up in the answer is
deemed barred.
EXCEPTION: If it is an after-acquired
counterclaim, that is, such claim
matured after filing of the answer. In
this case, it may be pleaded by filing an
amended answer or a supplemental
answer or pleading.
DOCTRINE OF ANCILLARY JURISDICTION Section 8. Cross-claim

In an original action before the RTC, the CROSS-CLAIM – any claim by one party
counterclaim may be considered against a co-party arising out of the
compulsory regardless of the amount transaction or occurrence that is the
(Sec. 7, Rule 6 ). subject matter either of the original
action or counterclaim.
If a counterclaim is filed in the MTC in
excess of its jurisdictional amount, the If it is not set up in the action, it is
excess is considered waived (Agustin vs. barred, except:
Bacalan). In Calo vs. Ajax Int’l, the 1. when it is outside the jurisdiction of
remedy where a counterclaim is beyond the court or;
the jurisdiction of the 2. if the court cannot acquire
jurisdiction over third parties whose
MTC is to set off the claims and file a presence is necessary for the
separate action to collect the balance. adjudication of said cross-claim.
COMPULSORY PERMISSIVE In which case, the cross-claim is

COUNTERCLAIM COUNTERCLAIM considered permissive.
One which arises out It does not arise out of The dismissal of the complaint carries
of or is necessarily nor is it necessarily
connected with the connected with the
with it the dismissal of a cross-claim
transaction or subject matter of the which is purely defensive, but not a
occurrence that is the opposing party’s cross-claim seeking affirmative relief.
subject matter of the claim.
opposing party’s

was not originally a

party.

Initiative is with the Initiative is with a
Cross Claim Counterclaim 3rd-party person already a party non-party who seeks
Complaint to the action. to join the action.

Against a co- Against an Against a TESTS to determine whether the third-
party opposing party person not a party complaint is in respect of
party to the
plaintiff’s claim:
action
1. Where it arises out of the same
Must arise out May arise out of Must be in transaction on which the
of the or be necessarily respect of plaintiff’s claim is based, or,
transaction connected with the although arising out of another
that is the the transaction opponent’s or different transaction, is
subject matter or that is the claim connected with the plaintiff’s
of the orig. subject matter (Plaintiff) claim;
action or of a of the opposing 2. Whether the third-party
counterclaim party’s claim, in
defendant would be liable to the
therein. which case, it is
called a
plaintiff or to the defendant for
compulsory all or part of the plaintiff’s claim
counterclaim, or against the original defendant;
it may not, in and
which case it is 3. Whether the third-party
called a defendant may assert any
permissive defenses which the third-party
counterclaim. plaintiff has or may have to the
plaintiff’s claim.
Section 10. Reply.
Leave of court to file a third-party
REPLY - the response of the plaintiff to complaint may be obtained by motion
the defendant’s answer. under Rule 15.
EFFECT OF FAILURE TO REPLY: new Summons to new party (third, fourth,

facts that were alleged in the answer are etc.) is needed for the court to obtain
deemed controverted. Hence, the filing jurisdiction over his person, since he is
of the reply is optional except for the not an original party.
denial of the genuineness and due
execution of an actionable document Where the trial court has jurisdiction
used as defense in the answer. over the main case, it also has
jurisdiction over the third party
Section 11. Third (fourth, etc.) – party complaint, regardless of the amount
complaint. involved as a third party complaint is
merely auxiliary to and is a continuation
THIRD (FOURTH,ETC.) – PARTY of the main action (Republic v. Central
COMPLAINT – a claim that a defending Surety & Insurance Co. L-27802, Oct. 26,
party may, with leave of court, file 1968).
against a person not a party to the
action for contribution, indemnity, Section 12. Bringing new parties.
subrogation or any other relief, in
respect of his opponent’s claim. Distinguished from 3rd-party complaint:
A 3rd-party complaint is proper when not
THIRD-PARTY COMPLAINT IN one of the third-party defendants
COMPLAINT INTERVENTION therein is a party to the main action. But
if one or more of the defendants in a
Brings into the action Same counterclaim or cross-claim is already a
a third person who
CHAIRPERSONS
Ethics)
party to the action, then the other Certificate of non-forum shopping is not
necessary parties may be brought in required in a compulsory counterclaim
under this section. (UST Hosp. vs. Surla).
RULE 7 EFFECT OF FAILURE TO COMPLY:

PARTS OF A PLEADING 1. Not curable by amendment of
said pleading
Section 3. Signature and address. 2. shall be cause for the dismissal
The signature of the counsel is a of the case, without prejudice,
certification that: unless otherwise provided, upon
1. That he has read the pleading; motion and after hearing
2. There is good ground to support
it; and EFFECT OF SUBMISSION OF FALSE
3. It is not interposed for delay CERTIFICATION OR NON-COMPLIANCE
Only the original copies must be signed. WITH THE UNDERTAKINGS THEREIN:
UNSIGNED PLEADING may be stricken 1. indirect contempt
out as sham and false, and the action 2. administrative and criminal
may proceed as though the pleading has actions
not been served. It has no legal effect.
EFFECT OF WILFULL AND DELIBERATE
Section 4. Verification. FORUM SHOPPING:
1. shall be ground for summary
Pleadings need NOT be verified EXCEPT dismissal of the case with
when otherwise provided by the law or prejudice;
rules. 2. direct contempt.
A verification must now be based on RULE 8

personal knowledge or based on MANNER OF MAKING ALLEGATIONS IN A
authentic records. PLEADING
Pleadings should state ultimate facts

essential to the right of action.
Section 5. Certification against forum ULTIMATE FACTS: those which directly

shopping. form the bases of the right sought to be
enforced or the defense relied upon.
FORUM SHOPPING – the filing of a two or If the ultimate facts are NOT alleged,
more cases based on the same cause of the cause of action would be
action in different courts for the purpose insufficient.
of obtaining a favorable decision in
either. Section 4. Capacity.
Test to determine the presence of Capacity to sue and be sued

forum-shopping: whether in the two (or either personally or in representative
more) cases pending, there is identity of capacity must be specifically averred by
(a) parties, (b) rights or causes of action, the party suing or being sued, and
and (c) reliefs sought. specifically denied by the party
questioning such capacity.
The certificate is to be executed by
petitioner, and not by counsel. Capacity is challenged by
specific denial, motion to dismiss or bill
Required ONLY for complaints or of particulars.
initiatory pleadings.
Section 5. Fraud, mistake, condition of
the condition

FACTS THAT MAY BE AVERRED a. When the adverse party was

GENERALLY: not a party to the
1. Conditions precedent (BUT there instrument; and
must still be an allegation that b. When an order for the
the specific condition precedent inspection of the original
has been complied with, document was not complied
otherwise, it will be dismissed with.
for failure to state a cause of 2. The document need not be
action) formally offered in evidence.
2. Malice, intent, knowledge, or
other condition of the mind GENUINENESS
3. Judgments of domestic or That the document is not spurious,
foreign courts, tribunals, boards, counterfeit, or of different import on its
or officers (no need to show face from the one executed by the
jurisdiction) party, or that the party whose signature
4. Official document or act it bears has signed it and that at the
time it was signed it was in words and
FACTS THAT MUST BE AVERRED figures exactly as set out in the
PARTICULARLY: pleadings.
1. Circumstances showing fraud or
mistake in all averments of DUE EXECUTION
fraud or mistake That the document was signed
2. Capacity voluntarily and knowingly by the party
whose signature appears thereon.
ACTIONABLE DOCUMENT – written
instrument upon which the action or Defenses that the opposing party may
defense is based. set up even after failure to deny under
oath:
1. Mistake;
2. fraud;
3. compromise;
4. payment;
5. prescription;
Two permissible ways of pleading an 6. want or illegality of
actionable document: consideration; or
1. By setting forth the substance of 7. estoppel
such document in the pleading
and attaching said document BUT the following defenses are
thereto as an annex (contents of waived:
the document annexed are a. forgery in the signature;
controlling, in case of variance b. want of authority of an agent or
in the substance of the corporation;
document set forth in the c. want of delivery; or
pleading and in the document d. the party charged signed the
attached); or instrument in some other
2. By setting forth said document capacity
verbatim in the pleading.
Section 10. Specific Denial
Where the actionable document is
properly alleged, the failure to THREE WAYS OF MAKING A SPECIFIC
specifically deny under oath the same DENIAL:
results in: 1. By specifically denying each
1. The admission of the material allegation of the other
genuineness and due execution party and, whenever possible,
of said document, EXCEPT that setting forth the substance of
an oath is not required:
CHAIRPERSONS
Ethics)
the matters relied upon for such 4. Prescription of the action

denial;
2. Part admission or part denial; These defenses may be raised at any
3. By an allegation of lack of stage of the proceedings even for the
knowledge or information first time on appeal EXCEPT that lack of
sufficient to form a belief as to jurisdiction over the subject matter may
the truth of the averment in the be barred by laches. (Tijam vs.
opposing party’s pleading (must Sibonghanoy).
be made in good faith).
The presence of these grounds
A denial must not be general. A general authorizes the court to motu proprio
denial is regarded as an admission of the dismiss the claims. These grounds must,
facts stated in the complaint and however, appear from the pleadings or
entitles plaintiff to a judgment on the the evidence on record.
pleadings.
Section 3.
NEGATIVE PREGNANT – a form of denial
which at the same time involves an DEFAULT – the failure of the defendant
affirmative implication favorable to the to answer within the proper period. It is
opposing party; It is in effect, an not his failure to appear nor failure to
admission of the averment to which it is present evidence.
directed; It is said to be a denial
pregnant with an admission of the
substantial facts in the pleading ORDER OF JUDGMENT BY
responded to. DEFAULT DEFAULT
issued by the court, Rendered by the court
Section 11. Allegation not specifically on plaintiff’s motion following a default
denied deemed admitted. for failure of the order or after it
defendant to file his received, ex parte,
GENERAL RULE: Allegations NOT responsive pleading plaintiff’s evidence.
seasonably.
specifically denied deemed admitted
Interlocutory - not Final – appealable
(such as allegations of usury in the appealable
complaint, and the authenticity and due
execution of actionable documents).
NO default may be declared in the
EXCEPTIONS:
following actions:
1. Allegations as to the amount of
1. Annulment of marriage
unliquidated damages
2. Declaration of nullity of
2. Immaterial allegations;
marriage
3. Incorrect conclusions of fact.
3. Legal Separation
4. Special civil actions of certiorari,
RULE 9
prohibition and mandamus where
EFFECT OF FAILURE
comment instead of an answer is
TO PLEAD
required to be filed
Section 1. Defenses and objections not
The court cannot motu proprio declare a
pleaded.
defendant in default. For defendant to
GENERAL RULE: Defenses and objections
be declared in default, the plaintiff
that are not pleaded in a MOTION TO
must:
DISMISS or in the answer are deemed
1. File a MOTION to declare
waived.
defendant in default
EXCEPTIONS (not waived even if not
2. Prove that summons have been
raised):
properly served on the
1. Lack of jurisdiction over the
defendant
subject matter
2. Litis pendentia
3. Res judicata

3. Prove that the defendant really EFFECT OF ORDER OF DEFAULT:

failed to answer within the 1. While the party in default cannot
proper period. take part in the trial, he is
nonetheless entitled to notice of
CAUSES OF DEFAULT subsequent proceedings.
1. Failure to answer within the 2. He may still be called on as a
proper period witness, in behalf of the non-
2. Non-compliance with the order defaulting defendants.
of the court to file a bill of
particulars or in case of
insufficient compliance
therewith (Rule 12, Section 4) DEFAULT
3. Refusal to comply with the
modes of discovery (Rule 29,
Section 3, par. c)
4. Failure to furnish plaintiff with a
copy of the answer
If the defendant was declared in default

upon an original
After the
lapse of time complaint, the filing of the
to file an
answer, the Motion denied:
plaintiff may Defendant
move to allowed to file an
declare the answer
defendant in
default amended
Defendant
answers
Motion granted: complaint resulted in the
Court issues order withdrawal of the
of default and original complaint,
renders judgment,
or require plaintiff hence, the defendant
to submit evidence was entitled to file
ex parte. answer to the amended
complaint as to which he
was not in default.
Court PARTIAL DEFAULT:
maintains 1. The pleading asserting a claim
Before judgment order of states a common cause of action
by default is default
rendered, against several defending parties
defendant may: 2. some of the defending parties
move to set aside answer and the others fail to do
order of default so
upon showing:
FAME
3. the answer interposes a common
He has a defense
meritorious
defense EFFECT OF PARTIAL DEFAULT: The
Avail of Rule 65 in
proper cases
court will try the case against ALL
defendants upon the answer of some
EXCEPT where the defense is personal to
the one who answered, in which case, it
Presentation will not benefit those who did not
of plaintiff’s
evidence ex- answer.
Court sets aside parte
order of default and
defendant is allowed 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
to file an answer
If plaintiff If plaintiff
proves his
Mark David Martinez (Criminal fails
Law), Garny Luisa to prove
Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics) allegations, his allega-
judgment by tions, case is
Case set for default. dismissed.
pre-trial
REMEDY FROM JUDGMENT BY DEFAULT then that cause of action is

(FLOW CHART) deemed commenced upon the
filing of the amended
Judgment by default complaint.
Section 2. Amendments as a matter of

right.
Motion for new trial or reconsideration at
any time after service of judgment by
Amendment for the first time is a matter
default and within 15 (30) days therefrom of right before a responsive pleading is
filed, or in case of a Reply, within 10
days after it was served.
Failure to file motion for new trial/ Since a motion to dismiss is NOT a
Denial of said motion
responsive pleading, an amendment may
be had even if an order of dismissal has
been issued as long as the amendment is
Perfect appeal from said judgment by made before order of dismissal becomes
default within the balance of said final.
15 (30) - day period
Section 3. Amendments by leave of
court.
Failure to appeal without
defendant’s faulk Instances when amendment by leave of
court may not be allowed:
1. When cause of action, defense
or theory of the case is changed;
Petition for relief from judgment within
2. Amendment is intended to
60 days from notice of the judgment but
within 6 months from entry thereof confer jurisdiction to the court;
3. Amendment to cure a premature
EXTENT OF RELIEF TO BE AWARDED or non-existing cause of action;
IN A 4. Amendment for purposes of
Annulment of Judgment delay.
under Rule 47 Section 5. Amendment to conform to
JUDGMENT BY DEFAULT: or authorize presentation of evidence.
Shall not exceed the amount OR be
different in kind from that prayed for 1ST PART: refers to amendment to
NOR award unliquidated damages. conform to evidence when issues NOT
raised by the pleadings are tried with
the express or implied consent of the
RULE 10 parties
AMENDED AND SUPPLEMENTAL - but failure to amend does NOT affect
PLEADINGS the result of the trial of these issues
AMENDMENTS 2ND PART: refers to amendment to

Section 1. Amendments in general. authorize presentation of evidence if
evidence is objected to at the trial on
When the complaint is amended, 2 the ground that it is not within the issues
situations may arise: made by the pleadings.
1. If the complaint merely corrects
or modifies the original SUPPLEMENTAL PLEADINGS
complaint, then the action is A cause of action which accrued after
deemed commenced upon the the filing of the original complaint may,
filing of the original complaint; in the discretion of the court, be
2. If the amended complaint pleaded in a supplemental complaint if
alleges a new cause of action, there was a valid subsisting cause of

action at the time the original complaint

was filed. 2. In case the defendant is a foreign
private juridical entity:
a. if it has a resident agent –
within 15 days after service
AMENDED SUPPLEMENTAL
of summons to him
PLEADING PLEADING b. if it has no resident agent,
but it has an agent or officer
Refers to facts Refers to facts arising in the Philippines – within 15
existing at the time of after the filing of the
days after service of
the commencement original pleading.
of the action. summons to said agent or
officer
Take the place of the Taken together with c. if it has no resident agent
original pleading. the original pleading. nor agent nor officer – in
which case service of
Can be made as a Always with leave of summons is to be made on
matter of right as court the proper government
when no responsive office which will then send a
pleading has yet been copy by registered mail to
filed
the home office of the
foreign private corporation –
Section 7. Filing of amended pleadings. within 30 days after receipt
of summons by the home
The amended pleading supersedes the office of the foreign private
original pleading. entity.

An amendment which merely 3. In case of service of summons by
supplements and amplifies facts publication – within the time
originally alleged in the complaint specified in the order granting leave
relates back to the date of the to serve summons by publication,
commencement of the action and is not which shall NOT be less than 60 days
barred by the statute of limitations after notice (Rule 14, Sec.15).
which expired after service of the
original complaint. 4. In case of a non-resident defendant
EFFECT OF AMENDED PLEADING: on whom extraterritorial service of
1. Admissions in the superseded summons is made, the period to
pleading can still be received in answer should be at least 60 days.
evidence against the pleader;
2. Claims or defenses alleged The court may extend the time to file
therein but not incorporated or the pleadings BUT may NOT shorten
reiterated in the amended them.
pleading are deemed waived.
The 15-day period begins to run from
The amended or superseded, original receipt of summons.
pleading is not expunged but remains on
the record although the admission of the Section 3. Answer to amended
amended pleading amounts to complaint.
withdrawal of the original pleading. 1. If the filing of an amended
complaint is a matter of right -
RULE 11 within 15 days from service of
WHEN TO FILE RESPONSIVE PLEADINGS the amended complaint.
2. If the filing of the amended
Answer to the complaint complaint is NOT a matter of
1. Within 15 days after service of right – within 10 days counted
summons, UNLESS a different period from notice of the court order
is fixed by the Court (Sec. 1) admitting the same.
CHAIRPERSONS
Ethics)
A bill of particulars may be filed either

If no new answer is filed by the in a separate or an amended pleading.
defendant in case an amendment has A bill of particulars becomes part of the
been made after he had filed his answer, pleading which it supplements.
the original answer of the defendant
may serve as the answer to the amended EFFECTS OF MOTION
complaint, and hence, cannot be 1. If the motion is granted, the
declared in default. movant can wait until the bill of
particulars is served on him by
Section 5. Answer to third (fourth, the opposing party and then he
etc.)-party complaint. will have the balance of the
The third-party defendant is served with reglementary period within
summons just like the original which to file his responsive
defendant, hence, he also has 15, 30, 60 pleading.
days from service of summons, as the
case may be, to file his answer. 2. If his motion is denied, he will
still have such balance of the
Section 7. Answer to supplemental reglementary period to do so,
complaint. counted from service of the
Leave of court is required in filing, the order denying his motion. In
court may fix a different period for either case, he will have at least
answering the supplemental complaint in 5 days to file his responsive
lieu of the reglementary 10-day period. pleading.
Section 10. Omitted counterclaim or Effect of non-compliance:

cross-claim. 1. If the Order is not obeyed or in
The pleader may set up a counterclaim case of insufficient compliance
or cross-claim by amendment before therewith, the court:
judgment when he fails to set it up by a. may order the striking
reason of oversight, inadvertence, or out of the pleading or
excusable neglect ort when justice the portion thereof to
requires. Leave of court is necessary. which the order is
directed; or
RULE 12 b. make such order as it
BILL OF PARTICULARS may deem just.
BILL OF PARTICULARS- a more definite 2. If plaintiff, his compliant will be

statement of any matter which appears stricken off and dismissed (Rule
vague or obscure in a pleading. 12, sec. 4; Rule 17, sec. 3)
PURPOSE: to aid in the preparation of a 3. If defendant, his answer will be

responsive pleading. stricken off and his counterclaim
dismissed, and he will be
Motion for bill of particulars must be declared in default upon motion
filed within the reglementary period for of the plaintiff (Rule 12, sec. 4;
the filing of a responsive pleading. The Rule 17, sec. 4; Rule 9, sec. 3).
filing of a motion if sufficient in form
and substance, will interrupt the time to
plead. RULE 13
FILING AND SERVICE OF PLEADINGS,
The motion for bill of particulars may be JUDGMENTS AND OTHER PAPERS
granted in whole or in part as not all the
allegations questioned by the movant are Notice given to a party who is duly
necessarily ambiguous as to require represented by counsel is a nullity,
clarification. unless service thereof on the party

himself was ordered by the court or the 3. SUBSTITUTED SERVICE

technical defect was waived. Delivering the copy to the clerk of court
with proof of failure of both personal
and service by mail.
Section 3. Manner of filing.
1. Personally JUDGMENTS, FINAL ORDERS,
2. by registered mail RESOLUTIONS (Sec.9)
1. By personal service; or
Filing by mail should be through the 2. By registered mail;
registry service which is made by deposit 3. By publication, if party is
of the pleading in the post office, and summoned by publication and
not through other means of has failed to appear in the
transmission. action.
If registry service is not available in the They can be served only under the three
locality of either sender or addressee, modes.
service may be done by ordinary mail.
They CANNOT be served by substituted
If a private carrier is availed of by the service.
party, the date of actual receipt by the
court of such pleading and not the date NOTE: A resort to modes other than by
of delivery to the carrier, is deemed to personal service must be accompanied
be the date of the filing of that by a written explanation why the
pleading. service or filing was not done personally
(Sec. 11).
NOTE: PERSONAL and SUBSTITUTED
service as applied to pleadings have a Section 10. Completeness of service.
different meaning compared to summons
under Rule 14. 1. Personal service
a. by handling a copy to defendant;
or
b. tendering him copy if he refuses;
c. complete upon actual delivery
MODES OF SERVICE 2. Service by ordinary mail:

PLEADINGS Complete upon expiration of 10
1. PERSONAL SERVICE days after mailing, unless the
a. Delivering personally a copy to court provides otherwise.
the party or his counsel or;
b. Leaving a copy in counsel’s 3. Service by registered mail:
office with his clerk or with a a. Complete upon actual receipt by
person having charge thereof or; the addressee; or
c. Leaving the copy between 8 a.m. b. After 5 days from the date he
and 6 p.m. at the party’s or received the 1st notice of the
counsel’s residence, if known, postmaster, whichever date is
with a person of sufficient age earlier.
and discretion residing therein---
if no person found in his office, Section 12. Proof of filing.
or if his office is unknown, or if Filing is proved by its existence in the
he has no office. record of the case.
2. SERVICE BY MAIL If it is not in the record, and:

If no registry service is available in the If filed personally: proved by the
locality, of either sender or addressee, written or stamped acknowledgment of
service may be done by ordinary mail. its filing by the clerk of court on a copy
of the same; or
CHAIRPERSONS
Ethics)
 If filed by registered mail: proved by PURPOSE OF SUMMONS:

-the registry receipt and the affidavit of 1. to acquire jurisdiction over the
the person who did the mailing. person of the defendant, and;
2. to give notice to the defendant
Section 13. Proof of service that an action has been
1. Proof of personal service: commenced against him.
a. Written admission of the party
served; or EFFECT OF NON-SERVICE: Unless there
b. Official return of the server; or is waiver, non-service or irregular
c. Affidavit of the party serving. service renders null and void all
subsequent proceedings and issuances in
2. Proof of service by ordinary mail: the action from the order of default up
Affidavit of the person mailing; to and including the judgment by default
and the order of execution.

3. Proof of service by registered mail: Where the defendant has already been
a. Affidavit, and served with summons on the original
b. Registry receipt issued by the complaint, no further summons is
mailing office. required on the amended complaint if it
does not introduce new causes of action.
Section 14. Notice of lis pendens.
But where the defendant was declared in
LIS PENDENS - a notice of a pendency of default on the original complaint and the
the action between the parties involving plaintiff subsequently filed an amended
title to or right of possession over real complaint, new summons must be served
property. on the defendant on the amended
complaint, as the original complaint was
It serves as a warning to all persons, deemed withdrawn upon such
prospective purchasers or amendment.
encumbrancers of the property in
litigation to keep their hands off the
property in litigation unless they are
prepared to gamble on the result of the Section 3. By whom served.
proceedings. Summons may be served by:
1. Sheriff
The defendant may also record a notice 2. Sheriff’s deputy, or
of lis pendens when he claims an 3. Other proper court officers, or
affirmative relief in his answer. 4. For justifiable reasons, by any
suitable person authorized by
Notice of lis pendens CANNOT be the court issuing the summons.
cancelled on an ex parte motion or upon
the mere filing of a bond by the party on Enumeration is EXCLUSIVE.
whose title the notice is annotated, as
section 14 provides that such ALIAS SUMMONS – issued when original
cancellation may be authorized ONLY has not produced its effect because it is
upon order of court, after proper defective in form or manner of service,
showing that: and when issued, supersedes the first
1. The notice is for the purpose of (Section 5).
molesting the adverse party; or
2. It is not necessary to protect the KINDS OF SERVICE OF SUMMONS:
rights of the party who caused it 1. personal service
to be recorded. 2. substituted service
3. by publication
RULE 14
SUMMONS

In actions in personam where the juridical entity official designated by law;

defendant cannot be served with or
summons personally or by substituted on any officer or agent of
service, the case must first be converted the corporation within the
Philippines.
into an in rem or quasi in rem action by
attaching the property of the defendant Service upon in case defendant is the
found in the Philippines before summons public Republic of the Philippines
can be served by publication. If no corporations - by serving upon the
property can be found, the action shall Solicitor General
be archived but shall not be dismissed. in case of a province, city
(Citizens Surety vs. Court Appeals) or municipality, or like
public corporations – by
SERVICE OF SUMMONS ON DIFFERENT serving on its executive
ENTITIES head, or on such other
officer or officers as the
law or the court may
Service on entity Upon any or all
direct.
w/o juridical defendants being sued
personality under common name; or
Extraterritorial Requisites
person in charge of office
service a. defendant does
not reside or is
Service upon In case of minors: by
not found within
minors and serving upon the minor,
the Phil.
incompetents regardless of age, AND
b. he action either:
upon his legal guardian, or
 affects the
also upon either of his
personal status of
parents.
plaintiff;
In case of incompetents:
 relates to or the
by serving on him
subject of which is
personally AND upon his
property within the
legal guardian, but not
Philippines in
upon his parents, unless
which defendant
when they are his legal
has a lien or
guardians
interest;
IN ANY EVENT, if the
minor or incompetent has
no legal guardian, the
plaintiff must obtain the

appointment of a guardian
ad litem for him.
Service upon Serve on officer having

prisoner management of the jail or
prison
Service upon To the president,

domestic private managing partner, general
juridical entity manager, corporate
ENTITY secretary, treasurer, or
in-house counsel.
NOTE: Service upon a
person other than those
mentioned is invalid and
does not bind the
corporation. The
enumeration is
EXCLUSIVE.
Service upon Serve on resident agent ;

foreign private or if none; on gov’t

CHAIRPERSONS
Ethics)
 demands a relief over the person of the defendant shall

which consists NOT be deemed a voluntary
wholly or in part in appearance.
excluding the
defendant from
RULE 15
any interest in any
property within the MOTIONS
Phil; or
 property of
defendant has MOTION – is an application for relief
been attached in other than by a pleading.
the Phil.
GENERAL RULE: Motions must be in
Mode of service writing.
a. with leave of court
EXCEPTION: Those made in open court
served outside the
Phil. By personal or in the course of hearing or trial.
service; or
b.with leave of court KINDS OF MOTIONS
serve by publication
in a newspaper of a. motion EX PARTE- made without
general circulation, the presence or a notification to the
in which case copy of other party because the question
the summons and generally presented is not
order of court must
debatable.
also be sent by
registered mail to
the last known b. motion OF COURSE – where the
address of movant is entitled to the relief or
defendant; or remedy sought as a matter of
c. any other manner the discretion on the part of the court.
court deem
sufficient. c. LITIGATED motion – one made with
notice to the adverse party to give
an opportunity to oppose.
Service upon a Substituted service or
resident with leave of court,
temporarily out of personal service out of d. SPECIAL motion- motion addressed
the Phil. the Phil. as under to the discretion of the court.
extraterritorial service
GENERAL RULE: A motion cannot pray
Service upon an With leave of court, by for judgment.
unknown publication in a EXCEPTIONS:
defendant or newspaper of general 1. Motion for judgment on the
whose circulatiuon
pleadings
whereabouts are
unknown
2. Motion for summary judgment
3. Motion for judgment on
demurrer to evidence.
Section 20. Voluntary appearance.
Section 4. Hearing on motion.
Any form of appearance in court, by the 3-DAY NOTICE RULE
defendant, by his agent authorized to do GENERAL RULE: Service of the copy of
so, or by attorney, is equivalent to motions should be made in such a
service of summons EXCEPT where such manner as shall ensure its receipt at
appearance is precisely to object to the least 3 days before the hearing.
jurisdiction of the court over the person EXCEPTIONS:
of the defendant. 1. Ex parte motions
2. Urgent motions
Inclusion in a motion to dismiss of other 3. Motions agreed upon by the
grounds aside from lack of jurisdiction parties to be heard on shorter

notice or jointly submitted by 9. Claim or demand has been paid,

the parties, and waived, abandoned, or
4. Motions for summary judgment otherwise extinguished
which must be served at least 10 10. Claim is unenforceable under the
days before its hearing Statute of Frauds
5. Non-litigated motions. 11. Non-compliance with a
condition precedent for filing
Section 5. Notice of hearing.
NOTICE OF HEARING shall:
claim
1. Be addressed to all parties
concerned
2. Specify the time and date of the MOTION TO DISMISS MOTION TO DISMISS
hearing which must not be later
UNDER RULE 16 UNDER RULE 33
than 10 days after the filing of
the motion (demurrer to
evidence)
NOTE: Any motion that does not comply
with Sections 4, 5 and 6 of this Rule is a Grounded on based on insufficiency
mere scrap of paper, should not be preliminary of evidence.
accepted for filing and, if filed, is not objections.
entitled to judicial cognizance and does
may be filed by any May be filed only by
not affect any reglementary period
defending party the defendant against
involved for the filing of the requisite against whom a claim the complaint of the
pleading. is asserted in the plaintiff.
action.
Omnibus Motion Rule - All available
grounds for objection in attacking a should be filed within May be filed only after
pleading, order, judgment, or the time for but prior the plaintiff has
proceeding should be invoked at one to the filing of the completed the
time, otherwise, they shall be deemed answer of the presentation of his
waived. defending party to the evidence.
pleading asserting the
claim against him.
Motion for leave to file a pleading or
motion shall be accompanied by the If denied, defendant If denied, defendant
pleading or motion sought to be answers, or else he may present evidence
admitted, otherwise, the latter will be may be declared in if granted, plaintiff
denied. default appeals and the Order
If granted, plaintiff of the dismissal is
RULE 16 may appeal or if reversed, the
MOTION TO DISMISS subsequent case is not defendant loses his
barred, he may re-file right to present
the case evidence.
A Motion to Dismiss is NOT a responsive
pleading.
Effect of motion to dismiss: A motion to
Section 1. Grounds. dismiss hypothetically admits the truth
1. No jurisdiction over the person of the facts alleged in the complaint.
of the defending party
2. No jurisdiction over the subject However, such admission is limited only
matter of the claim to all material and relevant facts which
3. Improper venue are well pleaded in the complaint.
4. No legal capacity to sue
5. Litis pendentia An action cannot be dismissed on a
6. Res judicata ground not alleged in the motion even if
7. Prescription said ground is provided for in Rule 16.
8. States no cause of action
EXCEPT:

CHAIRPERSONS
Ethics)
1. Those cases where the court may ground of non-compliance with a

dismiss a case motu proprio condition precedent.
(Sec. 1, Rule 9)
2. Such ground appears in the An action cannot be dismissed on the
allegations of the complaint or in ground that the complaint is vague or
plaintiff’s evidence indefinite. The remedy of the defendant
is to move for a bill of particulars or
REQUISITES OF LITIS PENDENTIA avail of the proper mode of discovery.
1. Parties to the action are the
same GENERAL TYPES OF A MOTION TO
2. There is substantial identity in DISMISS
the cause of action and relief 1. motion to dismiss before answer
sought under Rule 16
3. The result of the first action is 2. motion to dismiss under Rule 17
determinative of the second in a. upon notice by plaintiff
any event and regardless of b. upon motion of plaintiff
which party is successful c. due to fault of plaintiff
3. motion to dismiss on demurrer to
Motion to dismiss may be filed in either evidence after plaintiff has rested
suit, not necessarily in the one instituted his case under Rule 33
first. 4. motion to dismiss the appeal filed
either in the lower court (Rule
REQUISITES OF RES JUDICATA 41,Sec. 13) or in the appellate
1. Previous final judgment court (Rule 50, Sec.1 ).
2. Jurisdiction over the subject
matter and the parties by the
court rendering it
EFFECTS OF REMEDY
3. Judgment upon the merits
4. In a case prosecuted between ACTION ON MTD
same parties Order granting motion Appeal from the order
5. Involving the same subject to dismiss is final of dismissal
order
matter
Order denying the Certiorari and
6. Same cause of action motion to dismiss is prohibition if there is
interlocutory grave abuse of
There could be res judicata without a discretion amounting
trial, such as in a judgment on the to lack or excess of
pleadings (Rule 34); a summary jurisdiction under Rule
judgment (Rule 35); or an order of 65
dismissal under Section 3 of Rule 17.
When the ground for dismissal is that the Section 4. Time to plead.
complaint states no cause of action, such
fact can be determined only from the Defendant is granted only the balance of
facts alleged in the complaint. the reglementary period to which he was
entitled at the time he filed his motion
Where the plaintiff has not exhausted to dismiss, counted from his receipt of
all administrative remedies, the the denial order, but not less than 5 days
complaint not having alleged the fact of in any event.
such exhaustion, the same may be
dismissed for failure to state a cause of The same rule of granting only the
action. balance of the period is followed where
the court, instead of denying the motion
Non-compliance with P.D. 1508 to dismiss, orders the amendment of the
(Katarungang Pambarangay Law) may pleading challenged by the motion, in
result to dismissal of the case on the which case, the balance of the period to

answer runs from his receipt of the prejudice but it is premised on

amended pleading. the fact of payment by the
defendant of the claim
involved.
Section 5. Effect of dismissal Section 2. Dismissal upon motion of

GENERAL RULE: The action or claim may plaintiff.
be refiled.
EXCEPTION: The action cannot be Where the plaintiff moves for the
refiled if it was dismissed on any of dismissal of his complaint to which a
these grounds: counterclaim has been interposed, the
1. Res judicata; dismissal shall be limited to the
2. Prescription; complaint.
3. Extinguishment of the claim
or demand; Such dismissal shall be without prejudice
4. Unenforceability under the to the right of the defendant to either:
Statute of Frauds. 1. Prosecute his counterclaim in a
separate action,
Section 6. Pleading grounds as
affirmative defenses. In this case, the court should
If no motion to dismiss had been filed, render the corresponding order
any of the grounds for dismissal provided granting and reserving his right
for in Rule 16, INCLUDING IMPROPER to prosecute his claim in a
VENUE, may be pleaded as affirmative separate complaint.
defenses and preliminarily heard in the
discretion of the court. -OR-
Dismissal under this section – WITHOUT 2. To have the same resolved in the
prejudice to the prosecution in the same same action.
or separate action of a COUNTERCLAIM
pleaded in the answer In such case, defendant must
manifest such preference to the
RULE 17 trial court within 15 days from
DISMISSAL OF ACTIONS notice to him of plaintiff’s
motion to dismiss.
Section 1. Dismissal upon notice by
plaintiff. These alternative remedies of the
defendant are available to him
Dismissal is effected not by motion but REGARDLESS OF WHETHER HIS
by mere NOTICE of dismissal which is a COUNTERCLAIM IS COMPULSORY OR
matter of right BEFORE the defendant PERMISSIVE.
has answered or moved for a summary
judgment. Dismissal under this rule is WITHOUT
PREJUDICE, EXCEPT:
But notice of dismissal requires an order 1. When otherwise stated in the
of the court confirming the dismissal. motion to dismiss;
Such dismissal is WITHOUT PREJUDICE, 2. When stated to be with
EXCEPT: prejudice in the order of the
1. Where the notice of dismissal so court.
provides;
2. Where the plaintiff has previously The approval of the court is necessary in
dismissed the same case in a the dismissal or compromise of a class
court of competent jurisdiction suit.
(TWO-DISMISSAL RULE);
3. Even where the notice of dismissal Section 3. Dismissal due to fault of
does not provide that it is with plaintiff.
CHAIRPERSONS
Ethics)
in the same action

CAUSES FOR DISMISSAL
1. Plaintiff fails to appear for no
justifiable cause on the date of
the presentation of his evidence
in chief on the complaint RULE 18
2. Plaintiff fails to prosecute his PRE-TRIAL
action for an unreasonable
length of time (NOLLE PRE-TRIAL- a mandatory conference and
PROSEQUI) personal confrontation before the judge
3. Plaintiff fails to comply with between the parties and their respective
these Rules or any order of the counsel.
court. Unjustifiable inaction on
the part of plaintiff to have the The plaintiff must promptly move ex
case set for trial is a ground for parte that the case be set for pre-trial ,
dismissal for failure to and this he must do upon the service and
prosecute. filing of the last pleading.
Complaint may be dismissed The pre-trial and trial on the merits of

1. Upon motion of the defendant, the case must be held on separate
or dates.
2. Upon court’s own motion.
When non-appearance of a party may
Dismissal shall have the effect of an be excused (Sec.4):
ADJUDICATION UPON THE MERITS 1. If a valid cause is shown
(WITH PREJUDICE), unless otherwise therefore
declared by the court. 2. If a representative shall appear
in his behalf fully authorized in
writing to:
a. Enter into an amicable
settlement
SECTION 2 SECTION 3 b. Submit to alternative modes
of dispute resolution
Dismissal is at the Dismissal is not
c. Enter into stipulations or
instance of the procured by plaintiff
plaintiff; though justified by admissions of facts and of
causes imputable to documents
him;
A special authority for an attorney to
Dismissal is a matter Dismissal is a matter compromise is required under Sec. 23,
of procedure, without of evidence, an Rule 138. Under Art. 1878 (c) of the
prejudice unless adjudication on the Civil Code, a special power of attorney
otherwise stated in merits; is required.
the order of the court
or on plaintiff’s
motion to dismiss his
own complaint;
Dismissal is without Dismissal is without

prejudice to the right prejudice to the right
of the defendant to of the defendant to
prosecute his prosecute his
counterclaim in a counterclaim on the
separate action unless same or separate
w/in 15 days from action.
notice of the motion
he manifests his
intention to have his
counterclaim resolved

PRE-TRIAL
EFFECT OF NON-APPEARANCE OF
PLAINTIFF:
Cause for dismissal of the action, with
prejudice, unless otherwise
ordered by the court. No Amicable Failure to
Settlement Settlement Appear
EFFECT OF NON-APPEARANCE
OF DEFENDANT:
Cause to allow the plaintiff
to present evidence ex parte Agreements
made by parties; If plaintiff is If defendant
and the court to render Absent, when is absent,
Amendments to
judgment on the basis so required to court may
pleading;
thereof. Schedule of trial attend, the hear evidence
court may of plaintiff
Pre-trial brief. It is the mandatory dismiss the ex parte
duty of the parties to seasonably file case
their pre-trial briefs under the
conditions and with the
sanctions provided therein. TRIAL
Failure to file pre-trial brief has the If evidence is insufficient to

same effect as failure to appear at the prove plaintiff’s cause of
pre-trial. Court action or defendant’s
renders counterclaim, court rules in
Record of pre-trial. The contents of the decision favor of either one or
PRE-TRIAL order shall control the dismisses the case
subsequent course of the action, UNLESS
modified before trial to prevent
manifest injustice.
A party is deemed to have waived the

delimitations in a pre-trial order if he
failed to object to the introduction of
evidence on an issue outside of the pre-
trial order, as well as in cross-examining
the witness in regard to said evidence.
FOR CHART ON PRE-TRIAL PLS. SEE THE NEXT

PAGE.

CHAIRPERSONS
Ethics)
RULE 19
INTERVENTION
INTERVENTION INTERPLEADER
WHO may intervene? An ancillary action. An original action.
1. One who has legal interest in the Proper in any of the Presupposes that the
matter in litigation four situations plaintiff has no
2. One who has legal interest in the mentioned in this interest in the subject
success of either of the parties, Rule. matter of the action
3. One who has an interest against or has an interest
both parties therein, which in
4. One who is so situated as to be whole or in part, is not
disputed by the other
adversely affected by a
parties to the action.
distribution or other disposition
of property in the custody of the
court or of an officer thereof. Defendants are Defendants are being
already original sued precisely to
FACTORS TO BE CONSIDERED BY THE parties to the pending implead them
COURT suit
1. Whether or not the intervention
will unduly delay or prejudice
the adjudication of the rights of Section 2. Time to intervene.
the original parties; At any time before rendition of
judgment by the trial court.
JUSTIFICATION: Before judgment is

rendered, the court, for good cause
shown, may still allow the introduction
of additional evidence and that is still
within the liberal interpretation of the
period for trial.
Since no judgment has yet been

rendered, the matter subject of the
intervention may still be readily resolved
and integrated in the judgment disposing
of all claims in the case.
REMEDIES FOR THE DENIAL OF

INTERVENTION:
1. APPEAL
2. MANDAMUS if there is grave
abuse of discretion
If there is improper granting of
2. Whether or not the intervenor’s intervention, the remedy of the party is
rights may be fully protected in certiorari.
a separate proceeding.
RULE 21
The interest which entitles a person to SUBPOENA
intervene in a suit must be on the
matter in litigation and of such direct
and immediate character that the
intervenor will either gain or lose by the SUBPOENA SUMMONS
direct legal operation and effect of the an order to appear and Order to answer
testify or to produce complaint
judgment.

books and documents

may be served to a Served on the B. Subpoena AD TESTIFICANDUM may
non-party defendant be quashed if the witness is not bound
needs tender of does not need tender thereby.
kilometrage, of kilometrage and
attendance fee and other fees In EITHER case, the subpoena may be
reasonable cost of
production fee
quashed for failure to tender the witness
fees and kilometrage allowed by the

Rules.
SUBPOENA AD TESTIFICANDUM – a
process directed to a person requiring
GENERAL RULE
him to attend and to testify at the
a. The court which issued the
hearing or the trial of an action, or at
subpoena may issue a warrant
any investigation conducted by
for the arrest of the witness and
competent authority, or for the taking of
make him pay the cost of such
his deposition.
warrant and seizure, if the court
should determine that his
SUBPOENA DUCES TECUM – a process
disobedience was willful and
directed to a person requiring him to
without just cause (Sec. 8);
bring with him books, documents, or
other things under his control.
b. The refusal to obey a subpoena
without adequate cause shall be
Section 2. By whom issued
deemed a contempt of the court
WHO may issue
issuing it (Sec.9).
1. Court before whom the witness
Exceptions:
is required to attend
Provisions regarding the compelling of
2. Court of the place where the
attendance (Sec. 8) and contempt (Sec.
deposition is to be taken
9) does not apply where:
3. Officer or body authorized by
law to do so in connection with
a. Witness resides more than 100
investigations conducted by said
km from his residence to the
officer or body
place where he is to testify by
4. Any Justice of the SC or of the
the ordinary course of travel,
CA in any case or investigation
generally, by overland
pending within the Philippines.
transportation (VIATORY
RIGHT).
SUBPOENA TO A PRISONER – must be for
a valid purpose; if prisoner required to
b. Permission of the court in which
appear in court is sentenced to death,
the detention prisoner’s case is
reclusion perpetua or life imprisonment
pending was not obtained.
and is confined in prison – must be

authorized by the SC.
RULES OF DISCOVERY
DISCOVERY - is the procedure by which
Section 4. QUASHING A SUBPOENA.
one party in an action is enabled to
A. Subpoena DUCES TECUM may be
obtain before trial knowledge of
quashed upon proof that:
relevant facts and of material evidence
1. It is unreasonable and
in the possession of the adverse party or
oppressive;
of a witness.
2. The articles sought to be
produced do not appear prima
Rationale of discovery: to enable the
facie to be relevant to the
parties to obtain the fullest possible
issues;
knowledge of the issues and evidence
3. The person asking for the
long before the trial to prevent such trial
subpoena does not advance the
from being carried on in the dark.
cost for the production of the
articles desired.

CHAIRPERSONS
Ethics)
Modes of discovery under the Rules of perpetuate evidence for

Court purposes of anticipated action,
1. Depositions pending action (Rule or in the event of further
23). proceedings in a case on appeal,
2. Depositions before action or and to preserve it against danger
pending appeal (Rule 24). of loss (Rule 24).
3. Interrogatories to parties (Rule
25). WHEN TAKEN
4. Admission by adverse party (Rule WITH LEAVE OF COURT
26). 1. after jurisdiction has been
5. Production or inspection of obtained over any defendant or
documents, or things (Rule 27). over the property which is the
6. Physical and mental examination subject of the action and
of persons (Rule 28). BEFORE answer.
2. Deposition of a person confined
Discovery before answer. in prison.
It is only in the exceptional or unusual
case that the need for discovery arises,
or that it should be allowed before WITHOUT LEAVE OF COURT
service of answer. AFTER answer AND deponent is not
confined in prison.
Modes of Discovery are intended to be
CUMULATIVE, and not alternative nor Section 4. Use of depositions.
mutually exclusive. Where the witness is available to testify
and the situation is not one of those
Discovery is NOT MANDATORY but failure excepted under Sec. 4, his deposition is
to avail carries sanctions in Rules 25 and inadmissible in evidence and he should
26. be made to testify.
It can be used as evidence by a party for

RULE 23 any purpose under the specific
DEPOSITIONS PENDING ACTION conditions in Sec. 4.
DEPOSITION – is a written testimony of a

witness given in the course of a judicial DEPONENT USE
proceeding in advance of the trial or
hearing upon oral examination or in Any person By any party for
response to written interrogatories and contradicting or
impeaching the
where an opportunity is given for cross-
testimony of deponent
examination. as witness
Depositions are intended as a means to A party or any one By an adverse party for
compel disclosure of facts resting in the who at the time of any purpose
knowledge of a party or other person, the deposition was
which are relevant in a suit/proceeding. an OFFICER,
DIRECTOR, or
CLASSIFICATIONS OF DEPOSITIONS MANAGING AGENT of
1. Depositions on ORAL a public or private
corp., partnership,
EXAMINATION and Depositions
or association which
upon WRITTEN is a party
INTERROGATORIES
2. Depositions DE BENE ESSE - Witness, whether or By any party for any
those taken for purposes of a not a party purpose if the court
pending action (Rule 23) ; and finds the 5 instances
3. Depositions IN PERPETUAM REI occurring
MEMORIAM - those taken to

SCOPE OF INQUIRY IN DEPOSITIONS:

1. Matter which is relevant to the
COMMISSION LETTERS ROGATORY
subject of the pending action;
Issued to a non- Issued to the
2. Not privileged judicial foreign officer appropriate judicial
3. Not restricted by a protective who will directly take officer of the foreign
order the testimony country who will direct
somebody in said
Certiorari will not lie against an order foreign country to take
admitting or rejecting a deposition in down testimony
evidence, the remedy being an appeal Applicable rules of Applicable rules of
from the final judgment. procedure are those of procedure are those of
the requesting court the foreign court
requested to act
Section 7. Effect of taking depositions.
Resorted to if Resorted to if the
permission of the execution of the
A party shall not be deemed to make a foreign country is commission is refused in
person his own witness for any purpose given the foreign country
by taking his deposition because Leave of court is not Leave of court is
depositions are taken for discovery and necessary necessary
not for use as evidence. Section 18. Motion to terminate or
limit examination.
Exception: If a party offers the
deposition in evidence, then he is MAY BE FILED:
deemed to have made the deponent his 1. any time during the taking of the
witness (Sec.8) deposition
2. on motion or petition of any
Exception to the Exception: Unless the party or of the deponent; or
deposition is that of any adverse party, 3. upon showing that the
and unless, of course, the deposition is examination is conducted in :
used for impeaching or contradicting the a. bad faith
deponent (Sec.8). b. in such manner as
unreasonably to annoy,
Section 10 and 11. Persons before embarrass, or oppress
whom depositions may be taken. the deponent or party
WITHIN THE PHILIPPINES:

1. judge RULE 24
2. notary public DEPOSITIONS BEFORE ACTION OR
3. any person authorized to PENDING APPEAL
administer oaths, as stipulated
by the parties in writing Depositions under this Rule are also
taken conditionally, to be used at the
OUTSIDE THE PHILIPPINES: trial only in case the deponent is not
1. on notice, before a secretary of available.
embassy or legation, consul
general, consul, vice-consul, or Depositions under this Rule do not prove
consular agent of the Phil. the existence of any right and the
2. before such person or officer as testimony perpetuated is not in itself
may be appointed by commission conclusive proof, either of the existence
or letters rogatory of any right nor even of the facts to
3. any person authorized to which they relate, as it can be
administer oaths, as stipulated controverted at the trial in the same
by the parties in writing manner as though no perpetuation of
testimony was ever had. However, in the
Section 12. Commission or letters absence of any objection to its taking,
rogatory. and even if the deponent did not testify
CHAIRPERSONS
Ethics)
at the hearing, the perpetuated A judgment by default may be rendered

testimony constitutes prima facie proof against a party who fails to answer
of facts referred to in the deposition. written interrogatories
Section 6. Use of deposition. Only one set of interrogatories by the

same party is allowed. Leave of court is
If deposition is taken under this Rule, it necessary for succeeding sets of
may be used in any action involving the interrogatories.
SAME SUBJECT MATTER subsequently
brought. Section 6. Effect of failure to serve
written interrogatories.
Section 7. Depositions pending appeal.
Sec. 7 is the procedure in perpetuating Rule 25 and Rule 26 are directed to the
testimony AFTER JUDGMENT IN THE RTC party who fails and refuses to RESORT to
and DURING THE PENDENCY OF AN the discovery procedures, and should not
APPEAL. be confused with the provisions of Rule
29 which provides for sanctions or other
consequences upon a party who refuses
or fails to COMPLY with discovery
RULE 25 procedures duly availed of by opponent.
INTERROGATORIES TO PARTIES
PURPOSE of Written Interrogatories: to

elicit facts from any adverse party The justification for this provision is that
(answers may also be used as admissions the party in need of relevant facts
of the adverse party) having foregone the opportunity to
inquire into the same from the other
Written interrogatories and the party through means available to him, he
answers thereto must both be FILED should not thereafter be permitted to
unduly burden the latter with courtroom
and SERVED. appearances or other cumbersome
processes.
Interrogatories Bill of Particulars
A party may properly A party may properly Unless a party had been served written
seek disclosure of seek disclosure only of interrogatories, he may not be
matters of proof matters which define compelled by the adverse party:
which may later be the issues and become 1. to give testimony in open court,
made a part of the a part of the or
records as evidence. pleadings.
2. give a deposition pending
appeal.
A party may serve written
interrogatories: The only exception is when the court
1. WITHOUT LEAVE OF COURT – allows it for GOOD CAUSE shown and to
after answer has been served, prevent a failure of justice.
for the first set of
interrogatories.
Depositions Upon Interrogatories to
2. WITH LEAVE OF COURT – before
Written Parties under Rule
answer has been served
Interrogatories to 25
(REASON: at that time, the
Parties under Rule
issues are not yet joined and the
23 Sec. 25
disputed facts are not yet clear, As to Deponent As to Deponent
when more than one set of Party or ordinary party only
interrogatories is to be served.) witness

As to Procedure As to Procedure
With intervention of no intervention. Section 3. Effect of admission.
the officer authorized Written interrogatories USE: An admission under this section is
by the Court to take are directed to the for the purpose of the pending action
deposition party himself
only and cannot be used in other
proceedings.
As to Scope As to Scope
Direct, cross, redirect, only one set of
The party who fails or refuses to request
re-cross interrogatories the admission of facts in question is
prevented from thereafter presenting
Interrogatories Interrogatories evidence thereon UNLESS otherwise
no fixed time 15 days to answer allowed by the court (Sec.5).
unless extended or
reduced by the court
RULE 27
PRODUCTION OR INSPECTION OF
RULE 26 DOCUMENTS OR THINGS
ADMISSION BY ADVERSE PARTY
Production of documents affords more
Section 1. Request for admission. opportunity for discovery than a
subpoena duces tecum because in the
PURPOSE OF written request for latter, the documents are brought to the
admission is to expedite trial and relieve court for the first time on the date of
the parties of the costs of proving facts the scheduled trial wherein such
which will not be disputed on trial and documents are required to be produced.
the truth of which can be ascertained by The TEST to be applied in determining
reasonable inquiry. the relevancy of the document and the
sufficiency of their description is one of
When request may be made: at any time reasonableness and practicality.
after the issues have been joined.
PRODUCTION OR SUBPOENA DUCES
What request may include INSPECTION OF TECUM
1. Admission of the genuineness of DOCUMENTS OR
any material and relevant THINGS
document described in and Essentially a mode of means of compelling
exhibited with the request. discovery production of evidence
2. Admission of the truth of any The Rules is limited to may be directed to a
material and relevant matter of the parties to the person whether a
action party or not
fact set forth in the request.
The order under this may be issued upon an
3. Under this rule, a matter of fact
Rule is issued only ex parte application.
not related to any documents upon motion with
may be presented to the other notice to the adverse
party for admission or denial. party

Section 2. Implied Admission.
The effect of a FAILURE to make a reply
to a request for admission is that each of RULE 28
the matters of which an admission is PHYSICAL AND MENTAL EXAMINATION
requested is deemed admitted. OF PERSONS
A sworn statement either denying

specifically each matter or setting forth The mental condition of a party is in
in detail the reasons why he cannot controversy in proceedings for
truthfully admit or deny those matters GUARDIANSHIP over an imbecile or
must be filed and served upon the party insane person, while the physical
requesting the admission.
CHAIRPERSONS
Ethics)
condition of the party is generally TRIAL – judicial process of investigating

involved in PHYSICAL INJURIES cases. and determining the legal controversies
starting with the production of evidence
Since the results of the examination are by the plaintiff and ending with his
intended to be made public, the same closing arguments.
are not covered by the physician-patient
privilege. GENERAL RULE: when an issue exists,
trial is necessary. Decision should not be
Section 4. Waiver of privilege. made without trial.
EXCEPTIONS: when there may be
Where the party examined requests and judgment without trial:
obtains a report on the results of the 1. Judgment on the Pleading
examination the consequences are: (Rule 34)
1. he has to furnish the other party 2. Summary Judgment (Rule 35)
a copy of the report of any 3. Judgment on Compromise
previous or subsequent 4. Judgment by Confession
examination of the same 5. Dismissal with Prejudice
physical and mental condition, (Rule 17)
AND
2. he waives any privilege he may Section 3. Requisites of motion to
have in that action or any other postpone trial for absence of evidence.
involving the same controversy
regarding the testimony of any There must be an affidavit showing:
other person who has so 1. materiality or relevance of such
examined him or may thereafter evidence; and
examine him. 2. due diligence in procuring it.
RULE 29 If the adverse party admits the facts for

REFUSAL TO COMPLY WITH MODES OF which evidence is to be presented, the
DISCOVERY trial will not be postponed.
SANCTIONS Section 4. Requisites of motion to

1. Contempt; postpone trial for illness of party or
2. Payment of reasonable fees; counsel.
3. The matters regarding which the There must be an affidavit or sworn
questions were asked, character certification showing:
or description of land et al., be 1. presence of party or counsel at
taken to be in accordance with the trial is indispensable; and
the claim of party obtaining the 2. character of his illness is such as
order; to render his non-attendance
4. Prohibition on the refusing party excusable.
to produce evidence or support
or oppose designated claims or Section 5. Order of trial unless
defenses; directed by the court.
5. Striking out pleadings, order the
dismissal of the action or stay
the action until compliance or to
render judgment by default.
6. Order the arrest of the refusing
party except in cases of physical
or mental examination.
RULE 30
TRIAL

Art. 2030 of the Civil Code. Every civil

Plaintiff presents action or proceeding shall be suspended
evidence 1. If willingness to discuss a
possible compromise is
expressed by one or both
Defendant presents Defendant files parties; or
evidence to demurrer to 2. If it appears that one of the
support his evidence parties, before the
defense/countercla commencement of the action or
im/crossclaim/ proceeding, offered to discuss a
third party possible compromise but the
complaint
other party refused the offer.
Section 9. Judge to receive evidence;

delegation to clerk of court.
Third If court If court GENERAL RULE: the judge must himself
party grants denies
personally receive and resolve the
defendant motion: motion:
presents Renders Continues
evidence of the parties.
eidence, if dismisal with However, the reception of such
any hearing evidence may be delegated under the
following conditions:
1. The delegation may be made
only in defaults or ex parte
Rebuttal hearings, or an agreement in
Evidence by After writing by the parties.
Parties Presentation of 2. The reception of evidence shall
evidence: be made only by the clerk of
oral arguments that court who is a member of
submission of the bar.
DECISION memoranda
3. Said clerk shall have no power to
rule on objections to any
Unless the court for special reasons question or to admission of
otherwise directs, the trial shall be evidence or exhibits; and
limited to the issues stated in the pre- 4. He shall submit his report and
trial order. transcripts of the proceedings,
together with the objections to
Section 6. Agreed statements of facts. be resolved by the court, within
This is known as STIPULATION OF FACTS 10 days from the termination of
and is among the purposes of a pre-trial. the hearing.
The parties may also stipulate verbally in RULE 31

open court. Such stipulations are binding CONSOLIDATION OR SEVERANCE
unless relief therefrom is permitted by
the court on good cause shown, such as GENERAL RULE: Consolidation is
error or fraud. discretionary upon the court
EXCEPTIONS: Consolidation becomes a
But counsel cannot stipulate on what matter of duty when:
their respective EVIDENCE consists of 1. if the cases are pending before
and ask that judgment be rendered on the same judge OR
the basis of such stipulation. 2. if filed with different branches
of a court and one of such cases
Stipulations of facts are not permitted in has NOT been partially tried.
actions for ANNULMENT OF MARRIAGE
and for LEGAL SEPARATION. REQUISITES FOR CONSOLIDATION:
Section 8. Suspension of actions.

CHAIRPERSONS
Ethics)
1. When actions involving a Disobedience to a subpoena issued by

common question of law or fact, the commissioner is deemed a contempt
and of the court which appointed the latter.
2. The actions are pending before
the same court RULE 33
if filed with DIFFERENT DEMURRER TO EVIDENCE
courts, authorization from
the SC is necessary. Section 1. Demurrer to evidence.

3 WAYS OF CONSOLIDATING CASES:
1. by RECASTING THE CASES
DEMURRER TO MOTION TO DISMISS
ALREADY INSTITUTED,
conducting only one hearing and EVIDENCE
rendering only one decision; It is presented after presented before a
2. by CONSOLIDATING THE EXISTING the plaintiff has responsive pleading
rested his case (answer) is made by
CASES and holding only one
the defendant
hearing and rendering only one The ground is based it may be based on any
decision; and on insufficiency of of those enumerated
3. by HEARING ONLY THE PRINCIPAL evidence in Rule 16
CASE and suspending the hearing
on the others until judgment has 2 Scenarios
been rendered in the principal
case. (TEST-CASE METHOD)
MOTION DENIED MOTION GRANTED
Consolidation of cases on appeal and BUT REVERSED ON
assigned to different divisions of the SC APPEAL
and the CA is also authorized. Generally, Movant shall have the Movant is deemed to
the case which was appealed later and right to present his have waived his right
bearing the higher docket no. is evidence to present evidence.
consolidated with the case having the The decision of the
lower docket no. appellate court will
be based only on the
evidence of the
plaintiff as the
RULE 32
defendant loses his
TRIAL BY COMMISSIONER right to have the case
remanded for
COMMISSIONER- a person to whom a reception of his
cause pending in court is referred, for evidence.
him to take testimony, hear the parties denial is order of the court is
and report thereon to the court, and INTERLOCUTORY. Sec. an ADJUDICATION ON
upon whose report, if confirmed, 1 , Rule 36 (that THE MERITS, hence,
judgment is rendered. judgment should state the requirement in
clearly and distinctly Sec. 1, Rule 36
Reference to a commissioner may be had
the facts and the law should be complied
by the written consent of both parties. on which it is based), with.
will not apply.
Situations when reference to a The denial is NOT
Commissioner may be made on motion appealable.
(Sec.2):
1. Examination of a long account
2. Taking of an account is necessary CIVIL CASES CRIMINAL CASES
Defendant need not ask leave of court is
3. Question of fact, other than
for leave of court; necessary so that the
upon the pleading arises; or accused could
4. Carrying a judgment or order present his evidence
into effect. if the demurrer is
denied
if the court finds if the court finds the

plaintiff’s evidence prosecution’s GROUNDS:

insufficient, it will evidence insufficient, 1. Answer fails to tender an issue
grant the demurrer by it will grant the because of:
dismissing the demurrer by a. general denial of the
complaint. The rendering judgment
material allegations of
judgment of dismissal is acquitting the
appealable by the accused. Judgment of the complaint;
plaintiff. If plaintiff acquittal is not b. insufficient denial of the
appeals and judgment appeallable; double material allegations of
is reversed by the jeopardy sets-in the complaint ; or
appellate court, it will 2. Answer admits material
decide the case on the allegations of the adverse
basis of the plaintiff’s party’s pleading
evidence with the
consequence that the
 By moving for judgment on the
defendant already loses
his right to present pleading, plaintiff waives his claim
evidence no res for unliquidated damages. Claim for
judicata in dismissal such damages must be alleged and
due to demurrer proved.
if court denies if court denies the
demurrer, defendant demurrer: NO JUDGMENT ON THE PLEADINGS IN
will present his If demurrer was with ACTIONS FOR
evidence leave, accused may 1. Declaration of nullity of
present his evidence marriage
If the demurrer was
without leave,
2. Annulment of marriage
accused can no 3. Legal Separation
longer present his
evidence and submits
the case for decision
based on the
prosecution’s Motion to Dismiss Motion for
evidence judgment on the
pleadings
JUDGMENT ON DEMURRER TO EVIDENCE Filed by a defendant Filed by the plaintiff

is a judgment rendered by the court to a complaint, if the answer raises
dismissing a case upon motion of the counterclaim, cross- no issue.
defendant, made after plaintiff has claim or 3rd-party
rested his case, on the GROUND that complaint
upon the facts presented by the plaintiff
and the law on the matter, plaintiff has
If the complaint states no cause of
not shown any right to relief. action, a motion to dismiss should be
filed and not a motion for judgment on
RULE 34 the pleading.
JUDGMENT ON THE PLEADINGS
A judgment on the pleadings must be on RULE 35

motion of the claimant. (NO SUMMARY JUDGMENTS
SUPPORTING PAPERS ARE REQUIRED
BECAUSE EVERTHING IS BASED ON THE SUMMARY JUDGMENT
PLEADINGS.) One granted by the court for the prompt
disposition of civil actions wherein it
HOWEVER, if at the pre-trial the court clearly appears that there exists NO
finds that a judgment on the pleadings is genuine issue or controversy as to any
proper, it may render such judgment material fact.
motu proprio.

Who can File
CHAIRPERSONS
Ethics)
1. Plaintiff: he must wait for the

answer to be filed and served, and
thus for the issue to be joined, RULE 36
before he can move for summary JUDGMENTS, FINAL ORDERS AND ENTRY
judgment. THEREOF
2. Defendant: he can move for
summary judgment at anytime, that
is, anytime after filing and service of JUDGMENT- final consideration and
the complaint even before he determination by a court of the rights of
answers the parties, upon matters submitted to it
in an action or proceeding.
The motion for summary judgment must
be supported by (1) affidavit, (2) The date of finality of the judgment or
depositions of the adverse party or a final order shall be deemed to be the
third party, or (3) admissions of the date of its entry.
adverse party, all intended to show that:
a. there is no genuine issue as to REQUISITES OF A JUDGMENT:
any material fact, except 1. It should be in writing, personally
damages which must always be and directly prepared by the judge
proved, and 2. Must state clearly and distinctly the
b. the movant is entitled to a facts and the law on which it is
judgment as a matter of law. based
3. It should contain a dispositive part
The summary judgment may be a and should be signed by the judge
judgment on the merits, in which case, and filed with the clerk of court.
an appeal may be taken therefrom.
PROMULGATION- the process by which a
decision is published, officially
announced, made known to the public or
SUMMARY JUDGMENT JUDGMENT
delivered to the clerk of court for filing,
JUDGMENT ON THE BY DEFAULT coupled with notice to the parties or
PLEADINGS (Rule 9) their counsel.
Based on the based solely on based on the
pleadings, the pleadings. complaint and MEMORANDUM DECISION- a decision of
depositions, evidence, if the appellate court which adopts the
admissions presentation is findings and the conclusion of the trial
and affidavits required.
court.
Available to generally Available to
JUDICIAL COMPROMISE
both plaintiff available only plaintiff.
and defendant to the plaintiff,  A judgment based on a
unless the compromise which has the force
defendant of law and is conclusive between
presents a parties.
counterclaim.  Not appealable.
There is The answer no issues as no
no genuine fails to tender answer is filed A JUDGMENT is considered RENDERED
issue between an issue or by the Upon filing of the signed decision. This
the parties, there is an defending
i.e. there may admission of party.
includes an amended decision because
be issues but material an amended decision is a distinct and
these are allegations. separate judgment and must follow the
irrelevant established procedural rule.
10-day notice 3-day notice 3-day notice
required required rule applies. The power to amend a judgment is
May be On the merits On the merits inherent to the court before judgment
interlocutory becomes final and executory.
or on the
merits

After judgment has become executory,

the court cannot amend the same
Section 4. Several judgments.
EXCEPT: Several judgment is proper where the
1. To make corrections of liability of each party is clearly
clerical errors, not separable and distinct from his co-
substantial amendments, as parties such that the claims against each
by an amendment nunc pro of them could have been the subject of
tunc. separate suits, and the judgment for or
2. To clarify an ambiguity against one of them will not necessarily
which is borne out by and affect the other.
justifiable in the context of
the decision. A several judgment is NOT proper in
3. In judgments for support, actions against solidary debtors.
which can always be
amended from time to time. Section 6. Separate Judgments
Proper when more than one claim for
relief is presented in an action and a
MANNER OF ATTACKING JUDGMENTS: determination as to the issues material
to the claim has been made. The action
1. Direct attack shall proceed as to the remaining
a. before finality claims.
1. motion for new trial or
reconsideration;
2. appeal
b. after finality
1. relief from judgment, rule Judgment NUNC PRO TUNC (literally
38 means “now for then”)
2. annulment of judgment,
 rendered to enter or record such
Rule 47.
judgment as has been formerly
rendered but has not been
2.Collateral attack
entered as thus rendered
 its only function is to record
some act of the court which was
done at a former time, but
which was not then recorded, in
PROMULGATION OF JUDGMENT order to make the record speak
the truth, without any changes
Court Renders Decision in substance or any material
respect.
Filing appeal within Judgment upon Agreement or

Losing Party 15/30 days from Compromise
notice of judgment
A compromise agreement between the
parties to a case on which the decision
of the court was based has upon the
Accepts Within 15/30 days parties the effect and authority of res
decision from notice of judicata. It is immediately executory.
without further judgment:
contest Motion for
reconsideration; or
Judgment by Confession
motion for new trial Judgment upon confession is one which
is rendered against a party upon his
petition or consent. It usually happens
Court
maintains
when the defendant appears in court and
decision confesses the right of the plaintiff to
Court grants motion:
1.modifies decision; or
2005 CENTRALIZED
2.grants new trial BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
If no appeal is
CHAIRPERSONS
takenMaricel
or didAbarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
not avail of Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Ang (VC-
remedies,
Mark judgment
David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
becomes final Losing party may
and executory appeal within the
remaining period
judgment or files a pleading expressly NEW TRIAL OR RECONSIDERATION

agreeing to the plaintiff’s demand.
Two kinds of judgment by confession Order denying

1. A judgment by COGNOVIT motion for new trial
ACTIONEM – here, the defendant
after service instead of entering
a plea, acknowledged and Second motion for new trial
confessed that the plaintiff’s based on grounds not existing or
cause of action was just and available when 1st motion was
rightful. filed
2. A judgment by CONFESSION
RELICTA VERIFICATIONE – after
Appeal from the judgment or
pleading and before trial, the final order and assign as one of
defendant both confessed the the errors the denial of the
plaintiff’s cause of action and motion for new trial
withdrew or abandoned his plea
or other allegations, whereupon
An order denying a motion for new trial
judgment was entere against him
is not appealable.
without proceeding to trial.
NEW TRIAL - the rehearing of a case
already decided by the court but before
Judgment upon Judgment by the judgment rendered thereon becomes
Compromise Confession final and executory, whereby errors of
The provisions and An affirmative and law or irregularities are expunged from
terms are settled and voluntary act of the the record, or new evidence is
agreed upon by the defendant himself. introduced, or both steps are taken.
parties to the action, The court exercises a Purpose: to set aside the judgment or
and which is entered certain amount of final order and grant a new trial.
in the record by the supervision over the
consent of the court. entry of judgment. WHEN to file: within period for taking
appeal.
Clarificatory Judgment
rendered by the court, upon motion, WHERE to file: with the trial court
when a judgment previously rendered is which rendered the questioned
ambiguous and difficult to comply with. judgment.
AMENDED OR SUPPLEMENTAL MOTION FOR A NEW MOTION FOR

CLARIFIED DECISION TRIAL RECONSIDERATION
JUDGMENT The grounds are: fraud, The grounds are: the
accident, mistake or damages awarded are
It is an entirely new Does not take the excusable negligence or excessive, that the
decision and place of or extinguish newly discovered evidence is insufficient
supersedes the the original judgment evidence which could to justify the decision
original judgment not, with reasonable or final order, or that
diligence, have the decision or final
Court makes a Serves to bolster or discovered and produced order is contrary to
thorough study of the add to the original at the trial, and which if law.
original judgment and judgment presented would
renders the amended probably alter the result
and clarified judgment Second motion may be Second motion from
only after considering allowed same party is
all the factual and prohibited
legal issues If a new trial is granted if the court finds that
the trial court will set excessive damages
aside the judgment or have been awarded or
RULE 37 final order that the judgment or

final order is contrary recourse or device

to the evidence or law, deriving validity and
it may amend such acceptance from long
judgment or final order established usage
accordingly NOTE: It is actually
mentioned in the Rules
of Criminal Procedure
REQUISITES for NEWLY-DISCOVERED Proper only after May properly be
EVIDENCE promulgation of presented only after
judgment either or both the
1. Must have been discovered after parties have formally
trial offered and closed
2. Could not have been discovered their evidence before
and produced at the trial judgment
3. If presented, would alter the Based upon specific Controlled by no other
result of the action grounds set forth rule than the
4. Otherwise it is called under Rule 37 in civil paramount interests of
FORGOTTEN EVIDENCE. cases and Rule 121 in justice, resting entirely
criminal cases on the sound discretion
of a trial court, the
A motion suspends or tolls the running of
exercise of which
the reglementary period for appeal discretion will not be
except when the same is pro-forma. reviewed on appeal
UNLESS a clear abuse
PRO-FORMA MOTION - when it does not thereof is shown
comply with Rule 15 and Rule 37, e.g. it
does not point out specifically the
findings or conclusions of the judgment MOTION FOR RECONSIDERATION
as are contrary to law, making express Purpose: To reconsider or amend
reference to the testimonial or judgment or final order
documentary evidence or to the WHEN to file: within period for taking an
provisions of law alleged to be contrary appeal
to such findings or conclusions, and is
merely intended to delay the WHERE to file: with the trial court
proceedings OR if there is no affidavit of which rendered the judgment or final
merit. order sought to be reconsidered
Section 6. Effect of granting of motion
RULE 38
for new trial
RELIEF FROM JUDGMENTS, ORDERS, OR
When motion is granted, the original
OTHER PROCEEDINGS
judgment is thereby vacated and the
action stands for trial de novo, but the
REMEDIES AGAINST FINAL AND
recorded evidence taken upon the
EXECUTORY JUDGMENTS OR ORDERS
former trial so far as the same is
material and competent to establish the
1. Petition for Relief from
issues, shall be used at the new trial
Judgment (Rule 38)
taking the same.
2. Annulment of judgments or final
orders or resolutions (Rule 47) on
The order denying a motion for new trial
the ground of:
is NOT appealable. o Extrinsic fraud, to be filed
within 4 years from the
MOTION FOR NEW MOTION FOR discovery of the fraud;
TRIAL REOPENING OF THE o Lack of jurisdiction, before
TRIAL it is barred by laches or
Specifically Not mentioned in the estoppel
mentioned in the Rules but is 3. Direct or collateral attack
Rules nevertheless a
against a void or voidable
recognized procedural
judgment
CHAIRPERSONS
Ethics)
o DIRECT ATTACK – when the RULE 39

validity of the judgment EXECUTION, SATISFACTION AND
itself is the main issue of the EFFECT OF JUDGMENTS
action, a petition for
certiorari and action to
annul judgment on the EXECUTION – remedy provided by law
ground of extrinsic fraud or for the enforcement of a final judgment.
lack of jurisdiction
o COLLATERAL ATTACK – if the AGAINST WHOM ISSUED: execution can
judgment can be resisted in only issue against a party and not against
any other action in which it one who has not had his day in court.
is involved.
WRIT OF EXECUTION: judicial writ
issued to an officer authorizing him to
execute the judgment of the court.
RULE 37 RULE 38
Available BEFORE Available AFTER ESSENTIAL REQUISITE OF A WRIT OF
judgment becomes judgment has become EXECUTION: a writ of execution to be
final and executory final and executory valid, must conform strictly to the
Applies to Applies to judgments, decision or judgment which gives it life.
JUDGMENTS or FINAL final orders and other
ORDERS only proceeding:
It cannot vary the terms of the judgment
1.Land Registration it seeks to enforce
2.Special Proceedings
3. Order of Execution FINAL JUDGMENT OR ORDER- one which
disposes of the whole subject matter or
GROUNDS: GROUNDS: terminates the particular proceedings or
i. FAME FAME action, leaving nothing to be done by the
ii. Newly discovered court but to enforce by execution what
evidence has been determined.
WHEN AVAILED OF: WHEN AVAILED OF:
Within the time to within 60 days from EXECUTION OF JUDGMENT
appeal knowledge of the
judgment AND
within 6 months from

entry of judgment
If denied, the order If denied, the order
of denial is NOT denying a petition for
appealable, hence relief is NOT
remedy is appeal appealable; the
from the judgment remedy is appropriate
civil action under Rule
65
Legal remedy Equitable remedy
Motion need not be Petition must be
verified verified

TWO HEARINGS UNDER RULE 38
1. Hearing to determine whether
the judgment should be set aside
2. If yes, a hearing on the merits of
the case.
The period fixed by Rule 38 is non-

extendible and is never interrupted.

2. upon a judgment or order that

Judgment is If the winning disposes of the action or
executed by party does not proceeding AND
motion within move for 3. upon expiration of the period to
5 years from execution w/in appeal therefrom and NO appeal
date of its 5 years but
has been duly perfected.
entry before 10
years from the
date of entry GENERAL RULE: court cannot refuse
of judgment, execution
Execution is a the same can UNLESS:
matter of right only be revived 1. Execution is UNJUST OR
after by means of a IMPOSSIBLE
expiration of new action / 2. Equitable grounds like a CHANGE
period to petition IN SITUATION of the parties
appeal and no which makes execution
appeal is inequitable
perfected 3. Judgment NOVATED by parties
4. Execution is enjoined
Discretionary 5. Judgment has become DORMANT
execution upon
good reasons QUASHAL OF WRIT PROPER WHEN:
stated in a
1. Improvidently issued
special order
after due 2. Defective in substance
hearing 3. Issued against the wrong party
4. Judgment already satisfied
5. Issued without authority
TEST
Sheriff enforces writ of execution Section 2. Discretionary Execution
TO DETERMINE WHETHER A DISCRETIONARY EXECUTION AS A

EXECUTION MATTER OF RIGHT
Losing party is made to indemnify thru:
payment with interest;
levy and sale of personal property;
levy and sale of real property; May issue before Period to appeal has
the lapse of period already lapsed and
delivery of personal and real property to appeal no appeal is
perfected
JUDGMENT OR ORDER IS FINAL OR
INTERLOCUTORY: The test is whether Discretionary upon Ministerial duty of
the court; there is the court PROVIDED
the judgment or order leaves nothing
inquiry on whether there are no
more for the court to do with respect to there is GOOD supervening events
the merits of the case. REASON for
execution
SPECIAL JUDGMENT – one that requires
the performance of an act OTHER THAN:
1. The payment of money; and
2. The sale of real or personal
property
Section 1. Execution Upon Judgments GROUNDS FOR EXECUTION PENDING
and Final Orders. APPEAL:
1. Insolvency of the judgment
EXECUTION ISSUES AS A MATTER OF debtor.
RIGHT: 2. Wastage of asset by judgment
1. on motion debtor.

CHAIRPERSONS
Ethics)
Section 3. Stay of Discretionary MODE OF ENFORCEMENT

Execution. The party against whom an 1. By motion within 5 years from
execution is directed may file a date of its entry
supersedeas bond to stay discretionary 2. By independent action after 5
execution. years from entry AND before it is
barred by statute of limitations
SUPERSEDEAS BOND- one filed by a
petitioner and approved by the court Judgment for support does not become
before the judgment becomes final and dormant, thus it can always be executed
executory and conditioned upon the by motion.
performance of the judgment appealed
from in case it be affirmed wholly or in 5-year period may be extended by the
part. conduct of judgment debtor.
Supersedeas bond guarantees A revived judgment is a new judgment

satisfaction of the judgment in case of thus another 5/10-year period to
affirmance on appeal, not other things execute and revive is given the party.
like damage to property pending the
appeal Section 7. Execution In Case Of Death
Of Party.
The court may, in its discretion, order an If the obligor dies AFTER entry but
execution before the expiration of the BEFORE LEVY on his property, execution
time within which to appeal provided: will be issued for recovery of real or
1. There is a motion for execution personal property or enforcement of a
filed by the winning party lien thereon. But for a sum of money,
2. There is notice of said motion to judgment cannot be enforced by writ but
the adverse party; and as a claim against his estate/probate
3. There are good reasons stated in proceedings.
a special order after due
hearing. If he dies AFTER a VALID LEVY has been
made, execution sale proceeds.
GENERAL RULE: an order of execution is Section 8. Issuance, Form and Contents
NOT appealable otherwise there would of a Writ of Execution.
be no end to the litigation between the
parties. Remedies in an order granting or
EXCEPTIONS: denying the issuance of a writ of
1. When the terms of the judgment execution
are not very clear; Appeal is the remedy for an order
2. When the order of execution denying the issuance of a writ of
varies with the tenor of the execution.
judgment.
Section 10. Execution Of Judgments
Section 4. Judgments NOT Stayed By For Specific Act.
Appeal If party REFUSES TO VACATE PROPERTY,
1. INJUNCTION remedy is NOT contempt. The Sheriff
2. RECEIVERSHIP must oust the party. But if demolition is
3. ACCOUNTING involved, there must be a special order.
4. SUPPORT
5. Such other judgments If party REFUSES TO DELIVER, sheriff will
declared to be immediately take possession and deliver it to winning
executory unless otherwise party.
ordered by the trial court.
When the party REFUSES TO COMPLY,
Section 6. Execution By Motion Or court can appoint some other person at
Independent Action. the expense of the disobedient party and
the act done shall have the same effect

as if the required party performed it, 1. Summary hearing before the

the disobedient party incurs no liability court which authorized the
for contempt. execution;
2. TERCERIA or third party claim
Section 11. Execution of Special filed with the sheriff;
Judgments. 3. Action for damages on the bond
When judgment requires the posted by judgment creditors; or
performance of any act other than for 4. Independent reinvidicatory
money and delivery of property. action.

The writ of execution shall be served The remedies are cumulative and may be
upon the party required to obey the resorted to by third party claimant
same and such party may be punished independently of or separately from the
for contempt if he disobeys. others.
LEVY - act by which an officer sets apart If winning party files a bond, it is only
or appropriates a part of the whole of then that the sheriff can take the
the property of the judgment debtor for property in his possession. IF NO BOND,
purposes or the execution sale. The levy cannot proceed with the sale.
on execution shall create a lien in favor
or the judgment creditor over the right, SALE ON EXECUTION
title and interest of the judgment debtor Notice of sale is required before levied
in such property at the time of the levy. property can be sold at public auction
(Sec. 15).
The levy on execution creates a lien in
favor of the judgment creditor subject Remedy against an irregular sale is
to prior liens and encumbrances. MOTION TO VACATE OR SET ASIDE THE
SALE to be filed in the court which
GARNISHMENT - act of appropriation by issued the writ.
the court when property of debtor is in
the hands of third persons REDEMPTION (Secs. 27 & 28)
Right of Redemption:
The garnishee or the 3 rd person who is in 1. Personal Property – NONE; sale is
possession of the property of the absolute
judgment debtor is deemed a forced 2. Real Property – there is a right of
intervenor. redemption
WHO may redeem (Sec. 27)

Only the following:
a. Judgment obligor, or his
ATTACHMENT GARNISHMENT successor in interest, in whole or
Refers to corporeal refers to money,
any part of the property; OR
property in the stocks, credits and
possession of the other incorporeal b. Redemptioner who is a creditor
judgment debtor. property which belong having a:
to judgment debtor 1) Lien by attachment on
but is in the possession the property sold
or under the control of subsequent to the lien
a third person under which the
property was sold,
2) Lien by judgment on the
Section 16. Proceedings Where
property sold subsequent
Property Claimed By Third Person.
to the lien under which
the property was sold;
REMEDIES of THIRD PARTY CLAIMANT
3) Lien by mortgage on the
property sold subsequent

CHAIRPERSONS
Ethics)
to the lien under which The PURCHASER is entitled to a

the property was sold. CONVEYANCE AND POSSESSION of the
property if there is no redemption. He is
WHEN CAN REDEMPTION BE MADE? substituted to and acquires all the
rights, title, interest and claims of the
BY THE JUDGMENT OBLIGOR: Within one judgment obligor to the property at the
(1) year from the date of registration of time of levy.
the certificate of sale.
The deed of conveyance is what
BY THE REDEMPTIONER: operates to transfer to the purchaser
1. Within one year from the date of whatever rights the judgment debtor
registration of the certificate of had in the property. The certificate of
sale; or sale after execution sale merely is a
2. Within sixty days from the last memorial of the fact of sale and does
redemption by another not operate as a conveyance.
redemptioner
If the judgment obligor redeems, no The purchaser acquires no better right
further redemption is allowed (Sec. than what the judgment debtor has in
29). the property levied upon. Thus, if the
judgment debtor had already transferred
The period of redemption is NOT the property executed prior to the levy
suspended by an action to annul the and no longer has an interest in the
foreclosure sale. property, the execution purchaser
acquires no right.
CAN REDEMPTION BE PAID IN OTHER
FORMS THAN CASH? WHEN A THIRD PERSON IS IN POSSESSION,
YES. The rule is liberality in allowing The procedure is for the court to order a
redemption (aid rather than defeat the hearing and determine the nature of
right) and it has been allowed in the such adverse possession.
case of a cashier’s check, certified bank
checks and even checks.
Section 34. Recovery of price if sale is
The offer to redeem must be not effective; revival of judgment.
accompanied with a bona fide tender or
delivery of the redemption price. THE PURCHASER MAY RECOVER THE
PURCHASE PRICE WHEN
However, a formal offer to redeem with 1. The purchaser or his successor-
a tender is not necessary where the right in-interest FAILS TO RECOVER
to redeem is exercised through the filing POSSESSION of the property or;
of a complaint to redeem in the courts, 2. Purchaser after having acquired
within the period to redeem. possession is evicted due to:
a. Irregularities in the
RIGHTS OF THE JUDGMENT DEBTOR: proceedings concerning the
1. Remain in possession of the sale.
property b. Reversal or setting aside of
2. Collect rents and profits judgment.
3. Cannot be Ejected c. The fact that the property
4. Use the property in the same was exempt from execution.
manner it was previously used d. A third person has vindicated
5. Make necessary repairs his claim to the property.
Section 33. Deed and possession to be REMEDIES OF THE JUDGMENT

given at expiration of redemption CREDITOR IN AID OF EXECUTION
period; by whom executed or given.
1. If the execution is returned
unsatisfied, he may cause

examination of the judgment

debtor as to his property and Section 46. When Principal Bound By
income (Section 36) Judgment Against Surety.
The principal is bound by the same
2. He may cause examination of judgment from the time he has notice of
the debtor of the judgment the action or proceeding and has been
debtor as to any debt owed by given an opportunity at the surety’s
him or to any property of the request, to join the defense.
judgment debtor in his
possession (Section 37) Section 47. Effect Of Judgment Or
Final Orders.
3. If after examination, the court Refers to judgments which are
finds that there is property of considered as conclusive and may be
the judgment debtor either in rebutted directly by means of relief from
his own hands or that of any judgment or annulment of judgment or
person, the court may order the indirectly by offering them in evidence
property applied to the under the parole evidence rule.
satisfaction of the judgment
(Section 37) Par (A) refers to rule ON RES JUDICATA
in judgments IN REM
4. If the court finds the earnings
of the judgment debtor are
more than sufficient for his JUDGMENT or EFFECT: CONCLUSIVE
family’s needs, it may order FINAL ORDER AS TO
payment in installments
(Section 40) Against a specific Title to the thing
thing
5. The court may appoint a
receiver for the property of the Probate of a will or Will or administration
judgment debtor not exempt administration of However, ONLY prima
from execution or forbid a the estate of a facie evidence of the
deceased person death of the testator
transfer or disposition or or intestate
interference with such property
(Section 41) In respect to the Condition, status or
personal, political, relationship of the
6. If the court finds that the or legal condition or person
judgment debtor has an status of a
ascertainable interest in real particular person
property either as mortgagor,
mortgagee, or otherwise, and
his interest can be ascertained Par (B) is referred to as “bar by former
without controversy, the court judgment” or RES JUDICATA in
may order the sale of such judgments IN PERSONAM
interest. (Section 42)
RES JUDICATA - final judgments on the
7. If the person alleged to have merits by a court of competent
the property of the judgment jurisdiction is conclusive as to the rights
debtor or be indebted to him, of the parties or their privies in all later
claims an adverse interest in suits on points determined in the former
the property, or denies the judgment.
debt, the court may authorize
the judgment-creditor to REQUISITES:
institute an action to recover 1. A FINAL judgment or order
the property, forbid its transfer 2. JURISDICTION over the subject
and may punish disobedience matter and the parties by the
for contempt (Section 43) court rendering it

CHAIRPERSONS
Ethics)
3. Judgment UPON THE MERITS 1. IN CASE OF JUDGMENT AGAINST

4. Between the two cases: A SPECIFIC THING, the judgment
IDENTITY OF PARTIES is CONCLUSIVE upon the TITLE
IDENTITY OF SUBJECT MATTER TO THE THING;
IDENTITY OF CAUSE OF ACTION 2. IN CASE OF A JUDGMENT
AGAINST A PERSON, the
THERE IS IDENTITY OF CAUSE OF ACTION judgment is PRESUMPTIVE
when the two actions are based on the EVIDENCE of a right as between
same delict or wrong committed by the the parties and their successors-
defendant even if the remedies are in-interest by a subsequent title.
different.
In both instances, the judgment may be
Under the doctrine of res judicata, no repelled by evidence of want of
matter how erroneous a judgment may jurisdiction, notice, collusion, fraud or
be, once it becomes final, it cannot be clear mistake of law or fact.
corrected. The only grounds are lack of
jurisdiction, collusion or fraud. RULE 40
APPEAL FROM MUNICIPAL TRIAL
Par. (C) is known as “conclusiveness of COURTS TO THE REGIONAL TRIAL
judgment” or rule of AUTER ACTION COURTS
PENDENT
APPEAL FROM MTC TO RTC
CONCLUSIVENESS OF JUDGMENT
 has the effect of preclusion only of Appeal decision of MTC by filing notice of
appeal and pay appellate court docket
issues.
fee in the same MTC within 15 days from
 parties in both actions may be the receipt of judgment
same but the causes of action are
different.
15 days from perfection of appeal,

MTC clerk transmits record to RTC
BAR BY FORMER CONCLUSIVENESS OF
JUDGMENT JUDGMENT ORDINARY APPEAL - an
There is identity of There is ONLY identity of Notice to parties that an appeal is being
parties, subject PARTIES AND SUBJECT taken from the decision of MTC
matter and causes MATTER
of action appeal by notice of appeal from a
The first judgment The first judgment is Within 15 days from notice of appeal:
constitutes as an conclusive only as to  appellant submits memorandum to
ABSOLUTE BAR TO matters directly adjudged the RTC
ALL MATTERS and actually litigated in  appellee files his own memorandum
15 days from receipt of appellants
directly adjudged the first action. Second
memorandum
and those that action can be prosecuted.
might have been
adjudged.
If uncontested, Any party may
judgment is appeal by filing a
entered in the petition for
Section 48. Effect Of Foreign Judgment book of entries review with the
Or Final Orders: RTC
judgment or final order of a lower court

THE EFFECT OF FOREIGN JUDGMENTS on questions of fact and law.
Provided that the foreign tribunal had
jurisdiction: APPEAL TO THE RTC

 Mode of Appeal – Notice of Appeal Notice of record on Filed with the CA

within fifteen (15) days from receipt appeal is filed with
of decision. the court of origin
 After an appeal to the RTC has been
perfected, the MTC loses its By Record on appeal:
jurisdiction over the case and any 1. for special proceedings such as
motion for the execution of the probate; and
judgment should be filed with the 2. in such other cases where
RTC. multiple appeals are allowed as
 The Summary Rules no longer apply in partition and in
when the cases is on appeal. expropriation.
Section 2. When to Appeal. Section 4. Perfection of Appeal; effect

1. Within 15 days after notice of thereof.
judgment or final order;
2. Where a record on appeal is Appeal is deemed perfected:
required, within 30 days from 1. by notice of appeal: as to him,
notice of judgment or final order upon the filing of the notice of
by filing a notice of appeal and a appeal in due time;
record on appeal; 2. by record on appeal: as to him,
3. Period to appeal shall be upon the approval of the record
interrupted by a timely motion on appeal filed in due time.
for new trial or reconsideration.
4. No motion for extension of time Effect of a perfected appeal:
to file a motion for new trial or The court loses jurisdiction upon the
reconsideration shall be perfection or approval of appeal and
allowed. when the period of appeal for other
parties expire.
Section 3. How to Appeal. Residual power of the court prior to the

By Notice of Appeal: transmittal of the original record or
1. File a notice of appeal with the record on appeal:
trial court. 1. to issue orders for the
2. The notice of appeal must preservation of the rights of the
indicate: parties which do not involve
a. parties matters litigated by appeal;
b. judgment or final order 2. to approve compromise prior to
appealed from the transmittal of the record;
c. material date showing 3. permit appeal by an indigent;
timeliness of appeal 4. order execution pending appeal
3. A copy served on the adverse under Rule 39, Sec.2 ( motion
party. for execution was filed before
4. Payment in full of docket fees the expiration of the period to
and other lawful fees appeal;
5. allow withdrawal of the appeal.
ORDINARY APPEAL PETITION FOR Section 8. Appeal from orders

REVIEW dismissing case without trial; lack of
Matter of right Discretionary jurisdiction
All the records are No records are
elevated from the elevated unless the If lower court dismissed case without
court of origin court decrees it trial on the merits:

CHAIRPERSONS
Ethics)
RTC may: mistake, duress or any

1. Affirm, or ground vitiating consent.
2. Reverse, in which case, it shall
remand the case for further Remedy in cases where appeal is not
proceedings. allowed
Special civil action of certiorari or
If dismissal is due to lack of jurisdiction prohibition if there is lack or excess of
over the subject matter: jurisdiction or grave abuse of discretion
RTC may: or mandamus if there is no performance
1. Affirm; if RTC has jurisdiction, of duty.
shall try the case on the merits
as if the case was originally filed INTERLOCUTORY ORDER – An order
with it, or which does not dispose of the case but
2. Reverse, in which case, it leave something else to be done by the
remand the case for further trial court on the merits of the case.
proceedings.
A judgment based on compromise is not
If the case was tried on the merits by appealable and is immediately
the lower court without jurisdiction executory.
over the subject matter:
RTC shall not dismiss the case if it has Section 2. Modes of appeal.
original jurisdiction, but shall decide the
case, and shall admit amended pleadings Ordinary Petition for Petition for
or additional evidence. appeal review review on
(appeal by writ [Rule 42] certiorari

of error) [Rule 45]

RULE 41 Case is decided Case is The case
APPEAL FROM REGIONAL by the RTC in decided by raises only a
TRIAL COURTS its original the MTC. question of
jurisdiction Appealed to law
Appealed to the the RTC.
APPEALABLE CASES CA Petition for
1. Judgments or final orders that review with
completely disposes of the case. the CA
2. A particular matter in a
judgment declared by the Rules File a notice of File a verified File a verified
to be appealable. appeal or a petition for petition for
record on review with review on
NON APPEALABLE CASES appeal with the the CA. Pay certiorari with
1. Order dismissing an action without court of origin the docket the SC (R 45)
prejudice (RTC) and give and lawful Pay docket
2. Order of Execution a copy to the fees, and P and lawful
3. Judgments or final orders for or adverse party. 500 as deposit fees and P 500
against one or more of several for costs with for costs.
parties or in separate claims while the CA. Submit proof
the main case is pending Furnish RTC of service of a
4. Orders disallowing or dismissing an and adverse copy to the
Appeal party copy of lower court
5. Interlocutory orders such (R 42). and adverse
6. Orders denying: party.
a. Petition for relief;
b. Motion for new trial or
reconsideration; and Within 15 days Within 15 days Within 15
c. Motion to Set aside a from the notice from notice of days from
judgment, by consent, of the judgment the decision notice of the
confession or compromise for notice of to be judgment or
on the ground of fraud, appeal and reviewed or order or
within 30 days from the denial of the

for records on denial of a MR MR or new shows on its face that the lower court
appeal. The or new trial. trial. has committed an error of fact and/or
period for filing law that will warrant a reversal or
is interrupted modification of the decision or judgment
by a timely
sought to be reviewed; OR dismiss the
motion for
reconsidera- petition if it finds that it is patently
tion or new without merit, or prosecuted manifestly
trial. for delay, or the questions raised therein
are too unsubstantial to require
Section 7. Approval of record on consideration.
appeal.
It is merely discretionary on the CA to
Procedure if the appeal is through a order the elevation of the records. This
record on appeal is because until the petition is given due
course, the trial court may still issue a
1. file record on appeal warrant of execution pending appeal and
2. appellee may file an objection in some cases such as ejectment and
within 5 days from his receipt those of Summary Procedure, the
thereof judgments are immediately executory. It
3. if there is no objection the court is only when the CA deems it necessary
may: that the Clerk of the RTC will be ordered
 approve it as presented; OR to elevate the records of the case.
 direct its amendment on its
own or upon the motion of
the adverse party RULE 43
4. if an amendment is ordered the APPEALS FROM THE COURT OF TAX
appellant must redraft the APPEALS AND THE QUASI-JUDICIAL
record within the time ordered AGENCIES TO THE CA
or if there is no time, within 10
days from receipt Judgments and final orders or resolutions
5. submit the record for approval of the NLRC are reviewable by the
with notice on the adverse party COURT OF APPEALS in an original action
The period to appeal is MANDATORY and for certiorari under Rule 65 (St. Martin
JURISDICTIONAL. Failure to appeal on Funeral Home vs. NLRC, Sept. 16, 1998).
time makes the decision final and A party adversely affected by a decision
executory and deprives the appellate or ruling of the CTA en banc may file
court of jurisdiction. with the Supreme Court a verified
petition for review on certiorari pursuant
However in few instances the court has to Rule 45 (Sec. 12, RA 9282).
allowed due course to such appeals on
strong and compelling reasons of
justice.
RULE 44
RULE 42 ORDINARY APPEALED CASES
PETITION FOR REVIEW FROM THE
REGIONAL TRIAL COURTS TO THE
COURT OF APPEALS Section 9. Appellant’s reply brief.
Petition for review is not a matter of Failure to file appellant's brief on time is
right but discretionary on the CA. It may a ground for dismissal of the appeal.
only give due course to the petition if it
CHAIRPERSONS
Ethics)
If a motion to dismiss an appeal has been APPEAL BY CERTIORARI TO THE

filed, it suspends the running of the SUPREME COURT
period for filing the appellant brief, as
the same would be unnecessary should
the motion be granted.
The failure of the appellant to make

specific assignment of errors in his brief
or page references to the record as
required in this section is a ground for
dismissal of his appeal.
Section 15. Questions that may be

raised on appeal.
The appeal can raise only questions of

law or fact that
1. were raised in the court below;
and
2. are within the issues framed by
the parties thereon.
Section 1. Filing of petition with
BRIEF vs. MEMORANDUM Supreme Court
Appeals to the SC can be taken from a

judgment or final order or resolution of
BRIEF MEMORANDUM the CA, the Sandiganbayan, the RTC or
such other courts as maybe authorized
Ordinary appeals Certiorari, Prohibition,
Mandamus, Quo by law and only by verified petition for
Warranto and Habeas review on certiorari on questions of law
Corpus cases except only in appeals from judgments
of the RTC in criminal cases wherein the
penalty imposed is life imprisonment or
Filed within 45 days within 30 days reclusion perpetua which shall be
elevated by ordinary appeal, or wherein
the death penalty is imposed which is
ContentsRTC,
specified Shorter,
Sandiganbayan briefer, only
or CA subject to automatic review.
by Rulesrenders decision
one issue involved - no
subject index or
assignment of errors just
facts and law applicable
Any party files a petition for review on
certiorari w/in 15 days from notice of GENERAL RULE: the findings of fact of
final judgment or order of lower court
or notice of denial of motion for the CA are final and conclusive and
reconsideration or new trial cannot be reviewed on appeal to the
SC.
EXCEPTIONS to CONCLUSIVENESS OF
FACTS:
Appellant serves copies of petition on
adverse parties and to the lower court,
and pay the corresponding docket fees 1. When the finding is grounded
entirely on speculations, surmise
RULE 45 or conjecture;
2. When inference made is
SC may dismiss the petition or require manifestly absurd, mistaken or
the appellee to comment impossible;
If given due course, parties may

submit memoranda
SC may affirm, reverse, or modify

judgment of the lower court
3. When the judgment is premised in excess of

on a misrepresentation of facts; jurisdiction or with
4. When there is grave abuse of grave abuse of
discretion in the appreciation of discretion
facts;
It is a mode of appeal Special civil action
5. When the findings of fact are
conflicting; Involves the review of Directed against an
6. When the CA in making its the judgment award interlocutory order of
findings went beyond the issues or final order on the the court or where
of the case and the same is merits there is no appeal or
contrary to both the admissions any other plain,
of appellants and appellees; speedy or adequate
7. When the findings of fact of the remedy
CA are at variance with those of
the trial court, the SC has to
Must be made within filed not later than 60
review the evidence in order to
the reglementary days from notice of
arrive at the correct findings period judgment, order or
based on the record; resolution appealed
8. When the findings of fact are from
conclusions without citation of
specific evidence on which they Stays the judgment or Unless a writ of
are based; order appealed from preliminary injunction
9. When the facts set forth in the or temporary
petition as well as in the restraining order is
petitioner’s main and reply issued does not stay
the challenged
briefs are not disputed by the
proceeding
respondents;
10. The findings of fact of the CA is The petitioner and the The parties are the
premised on the supposed respondent are the aggrieved party
evidence and is contradicted by original parties to the against the lower
the evidence on record; action, and the lower court or quasi-judicial
11. When certain material facts and court or quasi-judicial agency and the
circumstances have been agency is not prevailing parties
overlooked by the trial court impleaded
which, if taken into account,
Motion for Motion for
would alter the result of the
reconsideration is not reconsideration or for
case in that they would entitle required new trial is required
the accused to acquittal. If a motion for
reconsideration or new
QUESTIONS OF LAW QUESTIONS trial is filed, OFthe
period FACT
shall not only
doubt or controversy doubt be interrupted
or differencebut
as to what the law is arisesanother as 60
to days shall
the truth
on certain facts be given to
or falsehood of the
facts,
petitioner ( SC Admin.
or as to probative
valueMatter
of the002-03 )
evidence
Certiorari under Rule 45 vs. certiorari
under Rule 64/65 ( special civil action) presented
The court is in the Court exercises
if the appellate
exercise court original
of its the determination
jurisdiction
can determine
appellate the involves evaluation or
jurisdiction
issue raisedofwithout
and power review review of evidence
CERTIORARI UNDER CERTIORARI UNDER reviewing or
RULE 45 RULE 64/65 evaluating the
evidence
petition is based on petition raises the Can involve questions query invites the
questions of law issue as to whether of interpretation of calibration of the
the lower court acted the law with respect whole evidence
without jurisdiction or to certain set of facts considering mainly the
credibility of
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE witnesses, AND SUBJECT
existence
CHAIRPERSONS and relevancy of
specific
Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres surrounding
(VC-Logistics) Jonathan
circumstances
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine and
Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou
relation Bautista
to each (Legal
other
Ethics)
and the whole
probabilities of the
situation
RULE 47
ANNULMENT OF JUDGMENTS OR FINAL
RULE 46 ORDERS AND RESOLUTIONS
ORIGINAL CASES
Annulment of judgment is a remedy in
Section 2. To what actions applicable. law independent of the case where the
judgment sought to be annulled was
Under B.P. Blg. 129, the CA has original rendered and may be availed of though
jurisdiction to issue writs of mandamus, the judgment has been executed.
prohibition, certiorari, habeas corpus
and quo warranto, and auxiliary writs or One important condition for the
processes, whether or not they are in aid availment of this remedy - the petitioner
of its appellate jurisdiction, and it has failed to move for new trial in, or appeal
exclusive original jurisdiction over from, or file a petition for relief against,
actions for annulment of judgments of or take other appropriate remedies
Regional Trial Courts. assailing the questioned judgment or
final order or resolution through no fault
attributable to him.
Section 4. Jurisdiction over person, If he failed to avail of those other

how acquired. remedies without sufficient justification,
JURISDICTION IS ACQUIRED: he cannot resort to annulment provided
in this Rule, otherwise he would benefit
1. Over the PETITIONER - by filing from his own inaction or negligence.
of the petition.
2. Over the RESPONDENT - by the Grounds for ANNULMENT OF
service on the latter of the order JUDGMENT
or resolution indicating the 1. extrinsic fraud or collateral
courts initial action on the fraud;
petition and NOT by the service 2. lack of jurisdiction;
on him of the petition or by his
voluntary submission. Extrinsic fraud shall not be a valid
ground if it was availed of, or could have
Section 5. Action by the court. been availed of, in a motion for new
trial or petition for relief.
PROCEDURAL OUTLINE (original cases
in the Court of Appeals) EXTRINSIC OR COLLATERAL FRAUD is
1. Filing of the petition any fraudulent act of the prevailing
2. Order to acquire jurisdiction party in the litigation which is
over respondents OR Outright committed outside of the trial of the
dismissal for failure to comply to case, whereby the defeated party has
requirements also form and been prevented from exhibiting fully and
payment of docket and other fairly presenting his side of the case.
legal fees.
3. Require respondents to file
COMMENT within 10 days from
EXTRINSIC LACK OF
NOTICE
4. Court may require the filing of a FRAUD JURISDICTION
REPLY or such other pleadings as
it may deem necessary Period of 4 years from Before it is barred
Filing discovery by laches or
5. Determination of FACTUAL
action estoppel
ISSUES, the court may delegate
the reception of evidence on Effect of Trial court Original action
such issues to any of its judgment will try the may be refiled
members. case


Section. 5. Action by the court. With the exception of Section 1 (b)

Two stages: dismissal of an appeal is directory and
1. A preliminary evaluation of the not mandatory.
petition for prima facie merit
therein, and Other grounds for the dismissal of an
2. The issuance of summons as in appeal are:
ordinary civil cases and such 1. by agreement of the parties, as
appropriate proceedings where the case was amicably
thereafter as contemplated in settled by them.
Sec. 6. 2. where the appealed case has
become moot or academic.
The rule allows the CA to dismiss the 3. where the appeal is frivolous or
petition outright as in special civil dilatory.
actions.
Section 2. Dismissal of improper appeal
For the court to acquire jurisdiction over
to the Court of Appeals
the respondent, the rule requires the
issuance of summons should prima facie
No transfer of appeals, erroneously
merit be found in the petition and the
taken to it or to the Court of Appeals,
same is given due course.
whichever of these tribunals has
RULE 48 appropriate appellate jurisdiction, will
PRELIMINARY CONFERENCE be allowed. Also, elevating such appeal
by the wrong mode of appeal shall be a
Section 3. Binding effect of the results ground for dismissal.
of the conference A resolution of the Court of Appeals
dismissing the appeal and remanding the
In the CA, this procedural device may be case to the trial court for further
availed of not only in original actions but proceedings is merely interlocutory,
also in cases on appeal wherein a new hence a motion for its reconsideration
trial was granted on the ground of newly filed year later may be entertained and
discovered evidence. The CA can act as a granted
trier of facts, hence the preliminary
conference authorized is a convenient
Section 3. Withdrawal of Appeal
adjunct to such power and function.
Court of Appeals may dismiss the appeal
RULE 49
outright even without motion. The
ORAL ARGUMENT
remedy if dismissed for improper appeal
is to refile it in the proper forum but has
Section 3. No hearing or oral argument
to be within the prescribed period.
for motions
RULE 51
Motions in the SC and the CA do not
JUDGMENT
contain notices of hearing as no oral
arguments will be heard in support
Law of the Case – the opinion delivered
thereof; and if the appellate court
on a former appeal. It means that
desires to hold a hearing thereon, it will
whatever is once irrevocably
itself set the date with notice to the
established, as the controlling legal rule
parties.
or decision between the same parties in
the same case, continues to be the law
RULE 50
of the case, whether correct on general
DISMISSAL OF APPEAL
principles or not, so long as the facts on
which such decision was predicated
Section 1. Grounds for dismissal of
continue to be the facts before the
appeal
court.

CHAIRPERSONS
Ethics)
But this rule does not apply to

resolutions rendered in connection with RULE 52
the case wherein no rationale has been MOTION FOR RECONSIDERATION
expounded on the merits of that action.
The rules now prohibit a second motion
Section 5. Form of Decision for reconsideration.
The requirement for the statement of
facts and the law refers to a decision or Sec. 3 provides a time limit of 90 days
for that matter a final resolution. The for the resolution of a motion for
same are not required on minute reconsideration filed with the Court of
resolutions since these usually dispose of Appeals from the date the same was
the case not on its merits but on submitted for resolution, which is
procedural or technical considerations. normally the filing of the last pleading
required by the rules of court or the
Although the court may, if it feels expiration of such period.
necessary, briefly discuss the matter on
the merits in an extended resolution. Rules now requires the service of the
motion to the adverse party
RULE 53
With respect to petitions for review and NEW TRIAL
motions for reconsideration, the
Constitution merely requires a statement Filing of a motion for new trial is at any
of the legal basis for the denial thereof time after the perfection of the appeal
or refusal of due course thereto. The from the decision of the lower court and
court may opt, but it is not required to before the Court of Appeals loses
issue an extended resolution thereon. jurisdiction over the case
Section 6. HARMLESS ERROR The ground is newly discovered evidence

The court, at every stage of the which could not have been discovered
proceeding, must disregard any error or prior to the trial in the court below by
defect which does not affect the the exercise of due diligence and of such
substantial rights of the parties such as character as would probably alter the
error in admission or exclusion of result.
evidence or error or defect in the ruling
or order. RULE 56
PROCEDURE IN THE SUPREME COURT
Section 8. Questions that may be
decided A. ORIGINAL CASES
Only errors claimed and assigned by a Rule specifically states what cases may
party will be considered by the court, be originally filed with the Supreme
except errors affecting its jurisdiction Court
over the subject matter. To this 1. petition for certiorari,
exception has now been added errors prohibition, mandamus, quo
affecting the validity of the judgment warranto, habeas corpus;
appealed from or the proceedings 2. disciplinary proceedings against
therein. members of the judiciary and
attorneys
Even if the error complained of by a 3. cases affecting ambassadors,
party is not expressly stated in his other public ministers and
assignment of errors but the same is consuls
closely related to or dependent on an
assigned error and properly argued in his B. APPEALED CASES Mode of Appeal
brief such error may now be considered In criminal cases where the penalty
by the court. imposed is death or reclusion perpetua,

an appeal made to the Supreme Court is depart from the Phils. with
through a notice of appeal filed with the intent to defraud his creditors;
RTC in all other cases, an appeal made
to the supreme court is through a 2. In actions for recovery of money
petition for review on certiorari. or property embezzled or
fraudulently converted to his
PROVISIONAL REMEDIES own use by a public officer, or
Also known as ancillary or auxiliary an officer of a corp., or an
remedies, are writs and processes attorney, factor, broker, agent
available during the pendency of the or clerk, in the course of his
action which may be resorted to by a employment as such, or by any
litigant to preserve and protect certain person in a fiduciary capacity;
rights and interests therein pending
rendition, and for purposes of the 3. In actions to recover property
ultimate effects, of a final judgment in unjustly taken or concealed,
the case. when the property or any of its
part, has been concealed or
disposed of to prevent its being
found by the applicant or any
authorized person;
The following are the provisional
remedies provided for in the Rules of 4. In actions against a person guilty
Court of fraud in incurring or
1. Preliminary Attachment (Rule performing an obligation upon
57) which the action is based;
2. Preliminary Injunction (Rule 58)
3. Receivership (Rule 59) 5. In actions against a party who
4. Replevin (Rule 60) has removed or disposed of his
5. Support Pendente Lite (Rule 61) property, or is about to do so,
with intent to defraud his
PD 1818 prohibits the issuance of creditors;
injunctive writs not only against
government entities but also against any 6. In actions against non-residents
person or entity involved in the not found in the Phils., or on
execution, implementation, and whom summons is served by
operation of government infrastructure publication.
projects.
RULE 58
RULE 57 PRELIMINARY INJUNCTION
PRELIMINARY ATTACHMENT
Preliminary Injunction – an order granted
The proper party may have the property
at any stage of an action or proceeding
of the adverse party attached at the prior to the judgment requiring a party
commencement of the action or at any or a court, agency or a person to refrain
time before entry of judgment. from a particular act or acts.
WHEN issued PRELIMINARY MANDATORY Injunction –
an order requiring the performance of a
1. In actions for recovery of a particular act or acts.
specified sum of money or
damages, except moral and Grounds
exemplary, on a cause of action 1. applicant is entitled to the relief
arising from law, contract,
demanded; or
quasi-contract, delict or quasi-
2. commission, continuance or non-
delict against a party about to
performance of the act
CHAIRPERSONS
Ethics)
complained of would work 2. if injunction would cause

injustice to the applicant if not irreparable damage to the
enjoined; or person enjoined while the
3. the acts sought to be enjoined applicant can be fully
probably violates the rights of compensated for such damages,
the applicant respecting the PROVIDED the former files a
subject of the action and tending BOND.
to render the judgment
ineffectual. Distinctions
Section 5.
There must be prior notice to the person INJUNCTION PROHIBITION
sought to be enjoined and a hearing directed against a Directed against a
party in the action court, tribunal or a
before preliminary injunction may be person exercising
granted. judicial powers
does not involve Based on the ground
If great or irreparable injury would jurisdiction of the that the court against
result to the applicant, the court may court whom the writ is
issue ex parte a temporary restraining sought had acted
order, effective only for 20 days from without or in excess of
service on the party sought to be jurisdiction
enjoined.
it may be the main Always the main
If the matter is of extreme urgency and action itself or just a action
the applicant will suffer grave injustice provisional remedy
and irreparable injury, the judge may
issue a TRO effective only for 72 hours
from issuance. Its effectivity may be
extended after conducting a summary RULE 59
hearing w/in the 72-hrs period until the RECEIVERSHIP
application for preliminary injunction
can be heard. WHEN MAY BE GRANTED
1. applicant has an interest in the
The total period of effectivity of the property or fund subject of the
TRO shall not exceed 20 days, including proceeding and such property is
the 72 hours. in danger of being lost or
materially injured unless a
If application is denied or not resolved receiver is appointed;
within said period, the TRO is deemed 2. in foreclosure of mortgage, when
automatically vacated. the property is in danger of
being wasted or dissipated and
Effectivity of TRO is not extendible. that its value is probably
There is no need of a judicial declaration insufficient to discharge the
to that effect. mortgage debt or that it has
been agreed upon by the parties;
A TRO issued by the CA or any of its 3. after judgment, to preserve the
members is effective for 60 days from property during the pendency of
service on the party sought to be an appeal or to dispose of it
enjoined. accdg. to the judgment or to aid
execution;
A TRO issued by the SC or a member 4. when appointment of receiver is
therof is effective until further orders. the most convenient and feasible
means of preserving,
GROUNDS FOR OBJECTION administering or disposing of the
1. insufficiency; property in litigation.

A person who refuses or neglects to When may be applied for: at the

deliver property within his control and commencement of the action or at any
which is the subject of the action to the time before judgment or final order.
receiver may be punished for contempt
and liable to the receiver for the money Failure to comply with an order granting
or the value of the property PLUS support pendente lite may warrant the
damages. issuance of an order of execution against
the non-complying party. He may
The receiver shall also file a bond before likewise be liable for contempt.
entering upon his duties separate from
the bond filed by the applicant. See matrix on provisional remedies
more detailed information.
RULE 60
REPLEVIN
The sheriff shall retain the property for

5 days. Within such period, the adverse
party may object to the sufficiency of
the applicant’s bond or surety or he may
file a counter-bond.
After 5 days and the adverse party failed

to object or his counter-bond is
insufficient, the sheriff shall deliver the
property to the applicant.
Distinctions
REPLEVIN ATTACHMENT
May be sought only Available even if

when the principal recovery of property is
action is recovery of only incidental to the
personal property. relief sought.
Can be sought only when May be resorted to even

defendant is in actual if the property is in
possession of the possession of a third
property. person.
CANNOT be availed of Can be AVAILED of even

when property is in if property is in
custodia legis CUSTODIA LEGIS.
Available before Available from

defendant answers commencement but
before entry of
judgment
Bond is DOUBLE the Bond is FIXED by the

value of the property court
RULE 61
SUPPORT ‘PENDENTE LITE’

CHAIRPERSONS
Ethics)

Civil Procedure: Action in REM Action in Personam Action Quasi in Rem

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Civil Procedure: Action in REM Action in Personam Action Quasi in Rem

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10 2005 CENTRALIZED BAR OPERATIONS

Under the 1987 Constitution, the rule- Judgment is Judgment is Judgment

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN REMEDIAL LAW

REMEDIAL LAW COMMITTEE

Section 5. Joinder of causes of action.

General Rule on Divisible Contract There is a single cause Contemplates several

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN REMEDIAL LAW

plaintiff needs only a single cause of Impleading the beneficiary as a party in

REMEDIAL LAW COMMITTEE

Section 6. Permissive joinder of SOLIDARY DEBTORS – either is

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN REMEDIAL LAW

Section 12. Class suit. Section 15. Entity without juridical

REMEDIAL LAW COMMITTEE

C. Supervening Incompetence or Section 21. Indigent party.

MEMORY AID IN REMEDIAL LAW

The rule on VENUE IS NOT APPLICABLE Means of waiving venue:

Requisites for venue to be exclusive Section 3. Venue of actions against

Section 2. Venue of personal actions. Dismissal of Action for Improper Venue

REMEDIAL LAW COMMITTEE

RULES ON SUMMARY PROCEDURE jurisdictional. It should therefore simply

If sole defendant The filing of a prohibited pleading will

The Court should not While a motion to declare the defendant

MEMORY AID IN REMEDIAL LAW

The issuance of the pre-trial order is an 1. Where one party is the

CASES NOT COVERED BY THE

REMEDIAL LAW COMMITTEE

1. Where the accused is under contending parties are employed

4. Disputes arising at the

MEMORY AID IN REMEDIAL LAW

REMEDIAL LAW COMMITTEE

KATARUNGANG PAMBARANGAY PROCEDURE

Issuance of Parties agree to

Execution Repudiation of Award to be

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN REMEDIAL LAW

It does not require for It may require for its

It is barred if not set It is NOT barred even

Need not be Must be answered,

DOCTRINE OF ANCILLARY JURISDICTION Section 8. Cross-claim

COMPULSORY PERMISSIVE In which case, the cross-claim is

REMEDIAL LAW COMMITTEE

was not originally a

EFFECT OF FAILURE TO REPLY: new Summons to new party (third, fourth,

MEMORY AID IN REMEDIAL LAW

RULE 7 EFFECT OF FAILURE TO COMPLY:

A verification must now be based on RULE 8

Pleadings should state ultimate facts

Section 5. Certification against forum ULTIMATE FACTS: those which directly

Test to determine the presence of Capacity to sue and be sued

REMEDIAL LAW COMMITTEE

FACTS THAT MAY BE AVERRED a. When the adverse party was

MEMORY AID IN REMEDIAL LAW

the matters relied upon for such 4. Prescription of the action

REMEDIAL LAW COMMITTEE

3. Prove that the defendant really EFFECT OF ORDER OF DEFAULT:

If the defendant was declared in default

MEMORY AID IN REMEDIAL LAW

REMEDY FROM JUDGMENT BY DEFAULT then that cause of action is

Section 2. Amendments as a matter of

AMENDMENTS 2ND PART: refers to amendment to