The Law As Explained The Image

Rule 2- Cause of Action

Rule 2: CAUSE As explained The Image
OF ACTION
Q: What is a cause of action?
Sec. 2. Cause of A: Is an act or omission by which a party violated a The image shows that in
action, defined – right of another. a cause of action there is
A cause of action some person in existence
is the act or Elements of a cause of action who can bring a suit and
omission by a. Plaintiff’s legal right; a person who can
which a party b. Defendant’s correlative obligation to respect lawfully be sued for
violates a right of plaintiff’s right; and violating the legal right
another. c. Defendant’s act/omission in violation of of another.
plaintiff’s right.

Q: What is the importance of Cause of Action?

Sec. 1. Ordinary
civil actions, A: Without a cause of action, one cannot seek
basis of. – Every judicial relief for a violation of one’s rights because
ordinary civil every ordinary civil action must be based on a cause
action must be of action.
based on a cause
of action. - Also a party may not institute more than one
suit for a single cause of action.

Sec. 3. One suit

for a single cause
of action. – A
party may not
institute more
than one suit for
a single cause of
action.
Q: What is meant by “splitting cause of action”? Image A illustrates that if
Sec. 4. Splitting a A: It is when a party institutes more than one suit two or more suits are
single cause of for a single cause of action. instituted by the plaintiff
action; effect of. based on the same cause
– If two or more Q: What is the effect of splitting a cause of action? of action, the filing of
suits are A: The filing of one is a ground for the dismissal of one can be a ground for
instituted on the the others (litis pendentia). A judgment upon the dismissal of the others.
basis of the same merits in any one is available as a ground for the
cause of action, dismissal of the others (res judicata). On the other hand, Image
the filing of one B instructs that when a
or a judgment judgment upon merits
upon the merits has already been
in any one is obtained, the filing of
available as a another suit based on the
ground for A same cause of action is
dismissal of B barred.
others.

Q: What is a joinder of causes of action?

Sec. 5. Joinder of A: It is the assertion of as many causes of action as *In the image, two (2)
causes of action. a party may have against another in one pleading demands or rights of
- A party may in alone. It is the process of uniting two or more rights action are united or
one pleading of action in one action. joined in one action. This
assert, in the is to avoid multiplicity
alternative or of suits and to expedite
otherwise, as disposition of litigation at
many causes of minimum cost.
action as he may
have against an
opposing party,
subject to the
following
conditions: *It is to be noted that the said rule is purely
permissive as there is no positive provision of law
(a) The or any rule of jurisprudence which compels a party
party to join all his causes of action and bring them at one
joining and the same time.
the causes
of action
shall *REQUISITES:
comply
with the a. The plaintiff asserts numerous causes of action in
rules on one pleading;
joinder of b. The causes of action are against the opposing
parties; party;
c. The party joining the causes of action complies
(b) The with the rules of parties under Rule 3, Sec. 6; and
 d. The joinder shall not include special civil actions
joinder or actions governed by special rules.
shall not
include Q: What is the totality rule?
special A: The rule states that if the claims in all the causes
civil of action are principally for recovery of money, the
actions or aggregate amount claimed shall be the test if
actions jurisdiction. (S5[d] R2).
governed
by special
rules;

(c) Where
the causes
of action
are
between
the same
parties but
pertain to
different
venues or
jurisdictio
ns, the
joinder
may be
allowed in
the
Regional
Trial
Court
provided
one of the
causes of
action
falls
within the
jurisdictio
n of said
court and
the venue
lies
therein;
and

(d) Where
 the claims
in all the
causes
action are
principall
y for
recovery
of money,
the
aggregate
amount
claimed
shall be
the test of
jurisdictio
n. (5a)

Q: When is there misjoinder of causes of action? In the image it states that

Section 6. A: When conditions for joinder under S5, R2 are an erroneously joined
Misjoinder of not met. cause of action may, on
causes of action. motion of a party or on
— Misjoinder of the initiative of the court,
causes of action be severed and proceeded
is not a ground with separately.
for dismissal of DISMISSAL Misjoinder is not a
an action. A ground for dismissal.
misjoined cause
of action may, on
motion of a party
or on the
initiative of the
court, be severed
and proceeded
with separately.
(n)

Rule 3- Parties in Civil Action

Section REAL PARTY-IN-INTEREST is the party who The image shows the
2. Parties in stands to be benefited or injured by the judgment in plaintiff with the
interest. — A the suit, or the party entitled to the avails of the suit assistance of her counsel
real party in (Sec. 2, Rule 3). in order to enforce her
interest is the right or redress a wrong
party who stands The interest must be real, which is a present by the defendant
to be benefited or substantial interest as distinguished from a mere
injured by the expectancy or a future, contingent subordinate or
judgment in the consequential.
suit, or the party
entitled to the It is an interest that is material and direct, as
avails of the suit. distinguished from a mere incidental interest in.
Unless otherwise
authorized by law
or these Rules,
every action must
be prosecuted or
defended in the
name of the real
party in interest.

Rule 4-Venue of Actions

Section 1. Venue Q: Where are the rules on venue in case of real The image shows that if
of real actions. – action? the action is a real action,
Actions affecting A: the venue shall be where
title to or 1) Actions affecting title to or possession of real the real property is
possession of real property, or interest therein, shall be commenced situated just like this
property, or and tried in the proper court, which has jurisdiction house and lot.
interest therein, over the area wherein the real property involved, or
shall be a portion thereof, is situated;
commenced and 2) Forcible entry and detainer actions shall be
tried in the proper commenced and tried in the municipal trial court of
court which has the municipality or city wherein the real property
jurisdiction over involved, or a portion thereof, is situated.
the area wherein
the real property
involved, or a
portion thereof, is
situated. Forcible
entry and
detainer actions
shall be
commenced and
tried in the
municipal trial
court of the
municipality or
city wherein the
real property
involved, or a
portion thereof, is
situated.
Section 2. Venue Q: What are the rules on venue in personal The image shows that if
of personal actions? the action is personal
actions. – All A: Personal actions may be commenced, heard and action, the venue shall be
other actions may tried in the following geographical areas: the residence of the
be commenced a) Where the plaintiff or any of the principal parties just like this
and tried where plaintiffs resides; or collection of debt or
the plaintiff or b) Where the defendant or any of the principal recovery of personal
any of the defendants resides; or property.
principal c) In the case of a non-resident defendant where he
plaintiffs resides, may be found, at the election of the plaintiff.
or where the
defendant or any
of the principal
defendants
resides, or in the
case of a
nonresident
defendant where
he may be found,
at the election of
the plaintiff.
(2[b]a)
Section 3. Venue Q: What is the rule on venue in case of non- The image shows that if
of actions resident defendants? the defendant is non-
against A: If any of the defendants does not reside and is resident, the plaintiff
nonresidents. – If not found in the Philippines, and the action affects may attach the
any of the the personal status of the plaintiff, or any property condominium unit of the
defendants does of said defendant located in the Philippines, the defendant so that the
not reside and is action may be commenced and tried in the court of: venue of the action shall
not found in the a) The place where the plaintiff resides (quasi in be where the
Philippines, and rem); or condominium unit is
the action affects b) Where the property or any portion thereof is situated.
the personal situated; or found (in rem).
status of the
plaintiff, or any
property of said
defendant located
in the
Philippines, the
action may be
commenced and
tried in the court
of the place
where the
plaintiff resides,
or where the
property or any
portion thereof is
situated or found.
(2[c]a)
Section 4. When Q: What are the instances where the rules on venue The image shows the
Rule not is not applicable? party-litigant who is
applicable. – This A: The Rules on venue shall not apply in the trying to look for the
Rule shall not following circumstances: venue stipulation in the
apply- (a) In a) In those cases where a specific rule or law contract. If there is a
those cases where provides otherwise; or valid venue stipulation,
a specific rule or b) Where the parties have validly agreed in writing that provision shall
law provides before the filing of the action on the exclusive control the venue of the
otherwise; or (b) venue. action.
Where the parties
have validly
agreed in writing
before the filing
of the action on
the exclusive
venue thereof.
(3a, 5a)

Rule 5- Uniform Procedure in Trial Courts

Section 1. Q: Are the procedures in the Municipal Courts the The image shows
same as that of the Regional Trial Courts? students wearing their
Uniform school uniform. Rule 5 of
procedure. — A: Section 1, Rule 5 of the Rules of Court provides the Rules of Court
The procedure in that generally the procedure in Municipal Trial provides the Uniform
the Municipal Courts shall be the same as in the Regional Trial Procedure in Trial Courts
Trial Courts shall Courts, EXCEPT: which means that
be the same as in procedure in inferior
the Regional  where the particular provision expressly or courts ( Municipal Trial
Trial Courts, impliedly applies only to either of said Courts, Metropolitan
except (a) where courts, or Trial Court and etc.,) is
a particular  in civil cases governed by the Rule on the same as in the
provision Summary Procedure. Regional Trial Courts. In
expressly or school, students wear
impliedly applies uniform to determine that
only to either of they are studying in the
said courts, or (b) same school and remains
in civil cases the same in all cases and
governed by the all times unless they
Rule on graduate or the Supreme
Summary Court changes them.
Procedure. (n)

Except in cases governed

by Rules on Summary
and the provision only
applies to either of said
courts

Section 2. Q. : What does the term “Municipal Trial Courts” First level Courts consist
refer to under the Rules of Court? of Metropolitan Trial
Meaning of Courts; Municipal Trial
terms. — The A.: Section 2, Rule 5 of the Rules of Court states Courts; Municipal Trial
term "Municipal that the term “Municipal Trial Courts” shall include: Courts in Cities and
Trial Courts" as Municipal Circuit Trial
used in these • Metropolitan Trial Courts; Courts.
Rules shall • Municipal Trial Courts in Cities;
include • Municipal Trial Courts; and
Metropolitan • Municipal Circuit Trial Courts.
Trial Courts,
Municipal Trial
Courts in Cities,
Municipal Trial
Courts, and
Municipal Circuit
Trial Courts. (1a)

PROCEDURE IN TRIAL COURTS

Rule 6- Kinds of Pleadings
Section 1. What are pleadings? The image shows a man
Pleadings praying in Church as
defined. — Pleadings are written statements of claims/defenses pleadings are the
Pleadings are the submitted to the court for appropriate judgement. submission to a higher
written authority for intervention
statements of the over the respective
respective claims claims and defenses of
and defenses of the parties regarding
the parties legal issues.
submitted to the
court for
appropriate
judgment. (1a)
Section 2. What are the three basic types of pleadings? The image shows a
Pleadings couple talking while
allowed. — The The three basic types of pleadings are: being observed by a
claims of a party psychologist in a
are asserted in a 1) The complaint; marriage counseling
complaint, 2) The answer; session. As such,
counterclaim, 3) The reply. pleadings are basically
cross-claim, third written arguments
(fourth, etc.)- between the parties
party complaint, involved containing facts
or complaint-in- to be weighed in
intervention. accordance with law by
the judge.
The defenses of a
party are alleged
in the answer to
the pleading
asserting a claim
against him.

An answer may
be responded to
by a reply. (n)

Section 3. What is a complaint? The image shows

Complaint. — someone complaining
The complaint is The complaint is probably the most important thru a phone call as a
the pleading pleading in a civil case, which sets out the plaintiff's complaint is a call
alleging the version of the facts and specifying the damages, initiated by the plaintiff
plaintiff's cause therefore framing the issues of the case. submitting their issues or
or causes of concern to the court.
action. The
names and
residences of the
plaintiff and
defendant must
be stated in the
complaint. (3a)

Section 4. What is an answer? The image shows a

Answer. — An questionnaire as an
answer is a An answer is a written pleading filed by a defendant answer generally
pleading in which to respond to a complaint in a lawsuit filed and responds to each
a defending party served upon that defendant. allegation in the
sets forth his complaint by denying or
defenses. (4a) admitting it, or admitting
in part and denying in
part.

Section 5. What are the kinds of defences? The image shows

Defenses. — gladiators with their
Defenses may a. Negative Defence – refers to a defendant's weapons and shields. In
either be negative outright denial of the plaintiff's allegations without the same fashion,
or affirmative. there being any additional facts pleaded by way of defenses are facts used
avoidance. either to yield an attack
(a) A negative or to make an attack
defense is the b. Affirmative Defence – is a fact or set of facts against the allegations
specific denial of other than those alleged by the plaintiff which, if made in a pleading.
the material fact proven by the defendant, defeats or mitigates the
or facts alleged in legal consequences of the defendant's otherwise
the pleading of unlawful conduct.
the claimant
essential to his
cause or causes
of action.

(b) An
affirmative
defense is an
allegation of a
new matter
which, while
hypothetically
admitting the
material
allegations in the
pleading of the
claimant, would
nevertheless
prevent or bar
recovery by him.
The affirmative
defenses include
fraud, statute of
limitations,
release, payment,
illegality, statute
of frauds,
estoppel, former
recovery,
discharge in
bankruptcy, and
any other matter
by way of
confession and
avoidance. (5a)

Section 6. What is a counterclaim? The image shows two

Counterclaim. — people arm-wrestling as a
A counterclaim is It is a claim of a defending party against an counterclaim is an
any claim which opposing party. opposing claim
a defending party especially brought by a
may have against defendant against a
an opposing plaintiff in a legal action
party. (6a)

Section 7. How do you determine if a counterclaim is The image shows a

Compulsory compulsory? person dragging another
counterclaim. — person as compulsory
A compulsory (a) Are the issues of fact and law raised by the claim counterclaims are claims,
counterclaim is and the counterclaim largely the same? which a defending party
one which, being may have against an
cognizable by the (b) Would res judicata bar a subsequent suit on opposing party, which at
regular courts of defendants' claims, absent the compulsory the time of suit arises out
justice, arises out counterclaim rule? of, or is necessarily
of or is connected connected with, the same
with the (c) Will substantially the same evidence support or transaction or occurrence
transaction or refute plaintiffs' claim as well as the defendants' that is the subject matter
occurrence counterclaim? and of the plaintiff's
constituting the complaint.
subject matter of (d) Is there any logical relation between the claim
the opposing and the counterclaim[?] The claim is compulsory
party's claim and in this situation in that it
does not require A positive answer to all four questions would must be raised in the
for its indicate that the counterclaim is compulsory defendant's answer, or it
adjudication the is waived. It cannot be a
presence of third subject of a separate suit.
parties of whom
the court cannot
acquire
jurisdiction. Such
a counterclaim
must be within
the jurisdiction of
the court both as
to the amount and
the nature
thereof, except
that in an original
action before the
Regional Trial
Court, the
counter-claim
may be
considered
compulsory
regardless of the
amount. (n)

Section 8. Cross- What is a crossclaim? The image depicts a

claim. — A group of friends arguing
cross-claim is A crossclaim is a claim asserted between with each other as
any claim by one codefendants or coplaintiffs in a case and that crossclaim is filed
party against a relates to the subject of the original claim or wherein a plaintiff sues
co-party arising counterclaim. another plaintiff or a
out of the defendant sues another
transaction or defendant.
occurrence that is
the subject matter
either of the
original action or
of a counterclaim
therein. Such
cross-claim may
include a claim
that the party
against whom it
is asserted is or
may be liable to
the cross-
claimant for all or
part of a claim
asserted in the
action against the
cross-claimant.
(7)

Section 9. What is a counter-counterclaim and counter- The image shows a

Counter- crossclaim? person being pointed
counterclaims back at as counter-
and counter- This is a direct claim back against the person who counterclaim and
crossclaims. — A has initiated the lawsuit or against someone who is a counter-crossclaim is
counter-claim co-defendant or co-plaintiff. basically reverting back
may be asserted claims held against
against an another.
original counter-
claimant.

A cross-claim
may also be filed
against an
original cross-
claimant. (n)

Section 10. What is a Reply? The image is a

Reply. — A reply screenshot of a
is a pleading, the In its general sense, a reply is what the plaintiff, conversation as a
office or function petitioner, or other person who has instituted a plaintiff’s reply responds
of which is to proceeding says in response to the defendant’s to the defendant’s answer
deny, or allege answer. as if in conversation.
facts in denial or
avoidance of new
matters alleged
by way of
defense in the
answer and
thereby join or
make issue as to
such new matters.
If a party does
not file such
reply, all the new
matters alleged in
the answer are
deemed
controverted.

If the plaintiff
wishes to
interpose any
claims arising out
of the new
matters so
alleged, such
claims shall be
set forth in an
amended or
supplemental
complaint. (11)

Rule 7- Parts and Contents of Pleadings

Section 1. Q: What are included in the caption of the The image shows a
Caption. – The pleading? sample of the caption and
caption sets forth A: The caption of the pleading sets forth the the matters included
the name of the following: therein.
court, the title of a) Name of the court;
the action, and b) The title of the action; and
the docket c) The docket number if assigned.
number if
assigned. Q: What are the matters included in the title of
The title of the the action?
action indicates A: The title of the action in the pleading shall
the names of the contain the following, to wit:
parties. They a) Indicate the names of the parties;
shall all be b) They shall all be named in the original complaint
named in the or petition;
original c) In all subsequent pleadings, it shall be sufficient
complaint or if the name of the first party on each side be stated
petition; but in with an appropriate indication when there are other
subsequent parties; and
pleadings, it shall d) Their respective participation in the case shall be
be sufficient if indicated.
the name of the
first party on
each side be
stated with an
appropriate
indication when
there are other
parties.
Their respective
participation in
the case shall be
indicated.

Section 2. The Q: What are the matters contained in the body of The image shows a
body. – The body the pleading? sample of the body of an
of the pleading A: The body of the pleading sets forth the answer which includes
sets forth its following: all the matters that must
designation, the a) Its designation; be included therein.
allegations of the b) The allegations of the party’s claims or defenses;
party’s claims or c) The relief prayed for; and
defenses, the d) The date of the pleading.
relief prayed for,
and the date of Q: What is the manner of making allegations in
the pleading. the body of the pleading?
(a) Paragraphs. – A: The allegations in the body of a pleading shall be
The allegations in made in the following manner:
the body of a a) It shall be divided into paragraphs so numbered
pleading shall be as to be readily identified;
divided into b) Each of which shall contain a statement of a
paragraphs so single set of circumstances so far as that can be
numbered as to done with convenience;
be readily c) A paragraph may be referred to by its number in
identified, each all succeeding pleadings.
of which shall
contain a Q: What is the rule in case two or more causes of
statement of a action are joined in a complaint?
single set of A: When two or more causes of action are joined, it
circumstances so shall be made by:
far as that can be a) The statement of the first shall be prefaced by the
done with words “first cause of action.”
convenience. A b) The second by “second cause of action,” and so
paragraph may be on for the others.
referred to by its c) When one or more paragraphs in the answer are
number in all addressed to one of several causes of action in the
succeeding complaint, they shall be prefaced by the words
pleadings. “answer to the first cause of action” or “answer to
(b) Headings. – the second cause of action” and so on.
When two or d) When one or more paragraphs of the answer are
more causes of addressed to several causes of action, they shall be
action are joined, prefaced by words to that effect.
the statement of
the first shall be Q: What are included in the relief?
prefaced by the A: The pleading shall specify the following:
words “first a) Relief sought;
cause of action,” b) It may add a general prayer for such further or
of the second by other relief as may be deemed just or equitable.
“second cause of
action,” and so Q: Is a pleading required to be dated?
on for the others. A: Yes, the above-cited provision of the rule
When one or mandates that “Every pleading shall be dated.”
more paragraphs
in the answer are
addressed to one
of several causes
of action in the
complaint, they
shall be prefaced
by the words
“answer to the
first cause of
action” or
“answer to the
second cause of
action” and so
on; and when one
or more
paragraphs of the
answer are
addressed to
several causes of
action, they shall
be prefaced by
words to that
effect.
(c) Relief. – The
pleading shall
specify the relief
sought, but it
may add a
general prayer for
such further or
other relief as
may be deemed
just or equitable.
(d) Date. – Every
pleading shall be
dated.
Section 3. Q: What is the rule on the signature and address The first image shows a
Signature and of the counsel in the pleading? sample of the signature
address. – (a) A: It is a requirement that every pleading must and address by the
Every pleading contain the following: counsel in a pleading.
[and other written a) Signature by the party or counsel representing
submissions to him; The second image shows
the court] must b) He must state in either case his address which that if the pleading is
be signed by the should not be a post office box. unsigned it is a mere
party or counsel scrap of paper, because it
representing him Q: What is the duty of the counsel in case of produces no legal effect.
or her. change of his address?
(b) The signature A: Clearly, it is the duty of counsel to promptly
of counsel inform the court of a change of his address. The
constitutes a contention of the defendants-appellants’ counsel
certificate by him that his failure to inform the Court of his change of
or her that he or address was due to the fault of his legal secretary in
she has read the not including the instant case in the inventory of his
pleading and cases is a lame excuse and deserves no
document; that to consideration. It has to be stressed that it devolves
the best of his or upon every counsel to take full responsibility in
her knowledge, supervising the work in his office with respect to all
information, and the cases he handles and he should not delegate the
belief, formed responsibility to his legal secretary.
after an inquiry
reasonable under Q: What is the importance of the signature of the
the counsel in the pleading?
circumstances: A: Under the above-cited rule, the signature of
(1) It is not being counsel in the pleading shall constitute as a
presented for any certification by him that:
improper 1) He has read the pleading;
purpose, such as 2) That to the best of his knowledge, information,
to harass, cause and belief there is good ground to support it;
unnecessary 3) That it is not interposed for delay.
delay, or
needlessly Q: What is the effect of an unsigned pleading?
increase the cost A: Under the above-cited rule it provides that “An
of litigation; unsigned pleading produces no legal effect.”
(2) The claims,
defenses, and Q: What is the course of action of the court in
other legal case of an unsigned pleading?
contentions are A: The court may, in its discretion, allow such
warranted by deficiency to be remedied if it shall appear that the
existing law or same was due to mere inadvertence and not
jurisprudence, or intended for delay.
by a non-
frivolous Q: What is liability of the counsel who filed an
argument for unsigned pleading, etc.?
extending, A: Counsel who deliberately files an unsigned
modifying, or pleading, or signs a pleading in violation of this
reversing existing Rule, or alleges scandalous or indecent matter
jurisprudence; therein, or fails to promptly report the court a
(3) The factual change of his address, shall be subjected to
contentions have appropriate I disciplinary action.
evidentiary
support or, if
specifically so
identified, will
likely have
evidentiary
support after
availment of the
modes of
discovery under
these [R]ules;
and
(4) The denials of
factual
contentions are
warranted on the
evidence or, if
specifically so
identified, are
reasonably based
on belief or a
lack of
information.
(c) If the court
determines, on
motion or motu
proprio and after
notice and
hearing, that this
[R]ule has been
violated, it may
impose an
appropriate
sanction or refer
such violation to
the proper office
for disciplinary
action, on any
attorney, law
firm, or party that
violated the rule,
or is responsible
for the violation.
Absent
exceptional
circumstances, a
law firm shall be
held jointly and
severally liable
for a violation
committed by its
partner, associate,
or employee. The
sanction may
include, but shall
not be limited to,
non-monetary
directive or
sanction; an order
to pay a penalty
in court; or, if
imposed on
motion and
warranted for
effective
deterrence, an
order directing
payment to the
movant of part or
all of the
reasonable
attorney’s fees
and other
expenses directly
resulting from the
violation,
including
attorney’s fees
for the filing of
the motion for
sanction. The
lawyer or law
firm cannot pass
on the monetary
penalty to the
client.
Section 4. Q: What is the rule on verification of the The first image shows
Verification. – pleading? the sample of
Except when A: The rule states that “Pleadings need not be under verification.
otherwise oath, verified or accompanied by affidavit.”
specifically It may be signed by the counsel or by the party. The second image shows
required by law that verification may be
or rule, pleadings Q: What are the exceptions to the rule? signed by the party or by
need not be under A: The exceptions to the general rule that pleadings his/her counsel.
oath or verified. need not be verified are:
A pleading is a) When otherwise specifically required by law; or
verified by an b) When the Rule so provides.
affidavit of an
affiant duly Q: What is the effect of lack of proper
authorized to sign verification in the pleadings?
said verification. A: A pleading required to be verified which
The authorization contains a verification based on “information or
of the affiant to belief” or lacks a proper verification, shall be treated
act on behalf of a as an unsigned pleading.
party, whether in
the form of a
secretary’s
certificate or a
special power of
attorney, should
be attached to the
pleading, and
shall allege the
following
attestations: (a)
The allegations in
the pleading are
true and correct
based on his or
her personal
knowledge, or
based on
authentic
documents;
(b) The pleading
is not filed to
harass, cause
unnecessary
delay, or
needlessly
increase the cost
of litigation; and
(c) The factual
allegations
therein have
evidentiary
support or, if
specifically so
identified, will
likewise have
evidentiary
support after a
reasonable
opportunity for
discovery.
The signature of
the affiant shall
further serve as a
certification of
the truthfulness
of the allegations
in the pleading.
A pleading
required to be
verified that
contains a
verification based
on “information
and belief,” or
upon
“knowledge,
information and
belief,” or lacks a
proper
verification, shall
be treated as an
unsigned
pleading.
Section 5. Q: What is the nature of dismissal in case of The first image shows
Certification willful and deliberate forum shopping? the sample of
against forum A: The order of dismissal is with prejudice by Certification for Non-
shopping. – The express provision of Sec. 5, Rule 7 which states that forum shopping.
plaintiff or “If the acts of the party or his counsel clearly
principal party constitute willful and deliberate forum shopping, the
The second image shows
shall certify same shall be ground for summary dismissal with that the Certification for
under oath in the prejudice and shall constitute direct contempt, asNon-forum shopping
complaint or well as a cause for administrative sanctions. ” must generally be signed
other initiatory by the party himself/
pleading Q: What are the pleadings that should contain a herself.
asserting a claim certification against forum shopping under
for relief, or in a ordinary rules on civil action?
sworn A: All other initiatory pleadings must contain a
certification certification against forum shopping which are as
annexed thereto follows, to wit:
and a) Original complaint;
simultaneously b) Permissive counterclaim;
filed therewith: c) Cross-claim;
(a) that he [or d) Third-party complaint;
she] has not e) Fourth-party complaint;
theretofore f) Complaint in Intervention;
commenced any g) Petition.
action or filed
any claim Q: Who shall sign the certification against non-
involving the forum shopping?
same issues in A: Rule 7, Sec. 5 of the Rules of Court, requires that
any court, the certification should be signed by the “petitioner
tribunal or quasi- or principal party himself. The rationale behind this
judicial agency is “because only the petitioner himself has actual
and, to the best of knowledge of whether or not he has initiated similar
his [or her] actions or proceedings in different courts or
knowledge, no agencies. (Digital Microwave Corporation vs. Court
such other action of Appeals, G.R. No. 128550, March 16, 2000, 328
or claim is SCRA 286, 290) However, the rationale does not
pending therein; apply where it is the attorney-in-fact who instituted
(b) if there is the action.
such other
pending action or Q: Can there be a dismissal of the action motu
claim, a complete proprio based on failure to comply with the
statement of the certification of non-forum shopping?
present status A: No, by express provision of Sec. 5, Rule 7
thereof; and (c) if which states that: “Failure to comply with the
he [or she] should foregoing requirements shall not be curable by mere
thereafter learn amendment of the complaint or other initiatory
that the same or pleading but shall be cause for the dismissal of the
similar action or case without prejudice, unless otherwise provided,
claim has been upon motion and after hearing. ”
filed or is
pending, he [or
she] shall report
that fact within
five (5) calendar
days therefrom to
the court wherein
his [or her]
aforesaid
complaint or
initiatory
pleading has been
filed.
The authorization
of the affiant to
act on behalf of a
party, whether in
the form of a
secretary’s
certificate or a
special power of
attorney, should
be attached to the
pleading.
Failure to comply
with the
foregoing
requirements
shall not be
curable by mere
amendment of
the complaint or
other initiatory
pleading but shall
be cause for the
dismissal of the
case without
prejudice, unless
otherwise
provided, upon
motion and after
hearing. The
submission of a
false certification
or non-
compliance with
any of the
undertakings
therein shall
constitute indirect
contempt of
court, without
prejudice to the
corresponding
administrative
and criminal
actions. If the
acts of the party
or his [or her]
counsel clearly
constitute willful
and deliberate
forum shopping,
the same shall be
ground for
summary
dismissal with
prejudice and
shall constitute
direct contempt,
as well as a cause
for administrative
sanctions.
Section 6. Q: Explain the purpose and significance of S6 The image shows that a
Contents. – Every R7. pleading is now required
pleading stating a A. S6 R7 is intended to expedite the trial of cases by to include the testimonial
party’s claims or compelling the parties to be ready with their evidence in it. The party
defenses shall, in testimonial evidence before they file their pleadings is now required to “lay
addition to those stating their claims or defenses, i.e, all pleadings down cards” so to speak.
mandated by except the reply and the rejoinder.
Section 2, Rule 7, It provides that such pleadings shall state the names
state the of witnesses who will be presented to prove a party's
following: claim or defense; a summary of the witnesses’
(a) Names of intended testimonies, provided that the judicial
witnesses who affidavits of said witnesses shall be attached to the
will be presented pleading and form an integral part thereof. Only
to prove a party’s witnesses whose judicial affidavits are attached to
claim or defense; the pleading shall be presented by the parties during
(b) Summary of trial. Except if a party presents meritorious reasons
the witnesses’ as basis for the admission of additional witnesses,
intended no other witness or affidavit shall be heard or
testimonies, admitted by the court.
provided that the Examples of meritorious reasons are:
judicial affidavits 1) The witness is an adverse, hostile, or unwilling
of said witnesses witness.
shall be attached 2) Despite the exercise of due diligence, the
to the pleading proponent could not have discovered the witness or
and form an procured his judicial affidavit prior to the filing of
integral part the pleading.
thereof. Only 3) Testimony of a witness on rebuttal.
witnesses whose Note that the preclusive effect does not apply to
judicial affidavits documentary and object evidence. The reason could
are attached to be that it would already be imposing undue hardship
the pleading shall on the pleader if he is also required to be ready with
be presented by such evidence at the time of the filing of the
the parties during pleading.
trial. Except if a
party presents
meritorious
reasons as basis
for the admission
of additional
witnesses, no
other witness or
affidavit shall be
heard or admitted
by the court; and
(c) Documentary
and object
evidence in
support of the
allegations
contained in the
pleading.
Rule 8- Manner of Making Allegations in Pleadings
Section 1. In Q: What is an Ultimate Facts? The image shows a post it
general. — Every with the word “important
pleading shall A: Are the essential facts constituting the plaintiff’s information”. As in an
contain in a cause of action, or such facts as are so essential that they Ultimate Facts of the
methodical and cannot be stricken out without leaving the statement of pleading, important
logical form, a the cause of action inadequate. information constitutes
plain, concise and plaintiff’s cause of action.
direct statement of
the ultimate facts
on which the party The next image shows a
pleading relies for chart showing the two types
his claim or of Evidence. Identifying the
defense, as the case evidence helps in proving
may be, omitting the ultimate facts.
the statement of
mere evidentiary
facts. (1)

If a defense relied
on is based on law,
the pertinent
provisions thereof
and their Q: What are evidentiary facts?
applicability to him
shall be clearly and A: Are those which are necessary to prove the ultimate
concisely stated. fact or which furnish evidence of the existence of some
(n) other facts.

Section Q: What are facts that may be averred generally? The first image shows a
2. Alternative witness pointing fingers to
causes of action or A: a person, as if making an
defenses. — A 1. Conditions Precedent allegation.
party may set forth 2. Malice, Intent, Knowledge of condition of the mind
two or more 3. Judgments or decision of a domestic or foreign The second image shows a
statements of a court, judicial or quasi-judicial tribunal, or of Board, person making an
claim or defense or officer affirmation.
alternatively or 4. Official document or act.
hypothetically,
either in one cause
of action or
defense or in
separate causes of
action or defenses.
When two or more
statements are
made in the
alternative and one Q: What are Facts that must be averred
of them if made Particularly?
independently
would be A:
sufficient, the 1. Facts showing Capacity of a party to sue or to be
pleading is not sued
made insufficient 2. The Authority to sue or be sued in a representative
by the capacity
insufficiency of 3. The Legal existence of an organized association of
one or more of the persons that is made party
alternative 4. In all averments of Fraud or mistake the
statements. (2) circumstances constituting fraud or mistake

Section Q: What is a condition precedent? The image shows a timeline

3. Conditions info graphics from 2014 to
precedent. — In A: is an event or state of affairs that is required before 2019. If an event happens
any pleading a something else will occur. in 2018, all events before it
general averment are condition precedent.
of the performance
or occurrence of all
conditions
precedent shall be
sufficient. (3)

Section Q: What is Capacity? The image shows a

4. Capacity. — measuring cup to show its
Facts showing the A: A person’s authority under the law to engage in a capacity. In law, Capacity
capacity of a party particular undertaking or maintain a particular status. means, legal capacity.
to sue or be sued or
the authority of a
party to sue or be
sued in a
representative
capacity or the
legal existence of
an organized
association of
person that is made
a party, must be
averred. A party
desiring to raise an
issue as to the legal
existence of any
party or the
capacity of any
party to sue or be
sued in a
representative
capacity, shall do
so by specific
denial, which shall
include such
supporting
particulars as are
peculiarly within
the pleader's
knowledge. (4)

Section 5. Fraud, The image shows different

mistake, condition kinds or forms of fraud or
of the mind. — In mistakes.
all averments of
fraud or mistake
the circumstances
constituting fraud
or mistake must be
stated with
particularity.
Malice, intent,
knowledge, or
other condition of
the mind of a
person may be
averred generally.
(5a)

Section Q: What is a Judgment? The image shows a Gavel

6. Judgment. — In which is a symbol when a
pleading a A: A decision of a court regarding the rights and judge has made a decision
judgment or liabilities of parties in a legal action or proceeding or judgment.
decision of a
domestic or foreign
court, judicial or
quasi-judicial
tribunal, or of a
board or officer, it
is sufficient to aver
the judgment or
decision without
setting forth matter
showing
jurisdiction to
render it. (6)

Section 7. Action Q: What are actionable documents? The image shows a

or defense based “contract” which is an
on document. — A: A document is actionable when an action or defence example of an Actionable
Whenever an is grounded upon such written instrument or documents document.
action or defense is
based upon a
written instrument
or document, the
substance of such
instrument or
document shall be
set forth in the
pleading, and the
original or a copy
thereof shall be
attached to the
pleading as an
exhibit, which
shall be deemed to
be a part of the
pleading, or said
copy may with like
effect be set forth
in the pleading. (7)

Section 8. How to Q: How to contest an Actionable document? The image shows a person
contest such holding a card as if
documents. — A: contesting something. In
When an action or 1. By specific denial under oath an actionable document,
defense is founded 2. By setting forth what is claimed to be the facts contesting such document
upon a written is either specific denial
instrument, copied under oath or setting forth
in or attached to what is claimed to be the
the corresponding facts.
pleading as
provided in the
preceding section,
the genuineness
and due execution
of the instrument
shall be deemed
admitted unless the
adverse party,
under oath
specifically denies
them, and sets
forth what he
claims to be the
facts, but the
requirement of an
oath does not apply
when the adverse
party does not
appear to be a
party to the
instrument or when
compliance with an
order for an
inspection of the
original instrument
is refused. (8a)

Section 9. Official Q: What is an official document or Act? The image shows a

document or act. A: Is an instrument that records a fact or something that Transfer Certificate of Title
— In pleading an has been said, done or agreed. Generally take the form of which is an example of an
official document legal instruments of writing that have a probative value official document being
or official act, it is and executor force. executed.
sufficient to aver
that the document
was issued or the
act done in
compliance with
law. (9)

Section Q: What is absolute denial? The first image shows a girl

10. Specific denial. as if in a state of absolute
— A defendant A: Specifies each material allegation of fact, the truth of denial.
must specify each which he does not admit, whenever practicable, sets forth
material allegation the substance of the matters upon which he relies to The second image shows
of fact the truth of support his denial lemon telling it’s not bitter
which he does not where in fact, we all know
admit and, it is.
whenever
practicable, shall The third image shows
set forth the Trump shouting
substance of the “WRONG”, as if telling
matters upon people the he is without
which he relies to knowledge of any
support his denial. Q: What is partial denial? information being asked of
Where a defendant him.
desires to deny A: Specifies that part, the truth of which he admits and
only a part of an denies only the remainder The fourth image shows a
averment, he shall negative pregnancy result.
specify so much of A Negative pregnant in
it as is true and law, is a denial with an
material and shall admission of the substantial
deny only the facts alleged in the
remainder. Where pleading.
a defendant is
without knowledge
or information
sufficient to form a
belief as to the
truth of a material
averment made to
the complaint, he Q: What is disavowal of knowledge?
shall so state, and
this shall have the A: Alleges that he is without knowledge or information
effect of a denial. sufficient to form a belief as to the truth of material
(10a) averment made in the complaint.

Q: What is a Negative Pregnant?

A: Is a form of negative expression which carries with it

an affirmation or at least an implication of some kind of
favourable to the adverse party. It is a denial pregnant
with an admission of the substantial facts alleged in the
pleading.

Section Q: What are facts not deemed admitted even if not The image shows a boy in
11. Allegations not specifically denied? front of a laptop with the
specifically denied word “admission” on the
deemed admitted. A: screen. In a pleading,
— Material 1. Allegations as to the amount of unliquidated allegations not specifically
averment in the damages denied deemed admitted.
complaint, other 2. Allegations immaterial to the cause of action
than those as to the which includes conclusions of facts and law ,
amount of inferences , etc.
unliquidated 3. All allegations in the complaint where no answer
damages, shall be has been filed by the defendant.
deemed admitted
when not
specifically denied.
Allegations of
usury in a
complaint to
recover usurious
interest are deemed
admitted if not
denied under oath.
(1a, R9)

Section Q: When can a pleading or part of the pleading be The image shows the word
12. Striking out of stricken out by order of the court? “errors” being stricken out.
pleading or matter Like in a pleading, the
contained therein. A: court may order for it to be
— Upon motion 1. Upon motion made by a party before responding stricken out or that any
made by a party to a pleading sham or false, redundant,
before responding 2. Upon motion made by a party within 20 days immaterial, impertinent, or
to a pleading or, if after the service of the pleading upon him, if no scandalous matter be
no responsive responsive pleading is permitted by these Rules stricken out therefrom.
pleading is 3. Upon the court’s own initiative at any time
permitted by these
Rules, upon
motion made by a
party within twenty
(20) days after the
service of the
pleading upon him,
or upon the court's
own initiative at
any time, the court
may order any
pleading to be
stricken out or that
any sham or false,
redundant,
immaterial,
impertinent, or
scandalous matter
be stricken out
therefrom. (5, R9)

Rule 9- Effect of Failure to Plead

Section1. Defenses Q1: In filing an Answer why must all defenses and The image shows that an
and objections not objections or counterclaims be pleaded or set-up? Answer must be timely
pleaded either in a filed to avoid Default. All
motion to dismiss A1: Can no longer claim and deemed waived or barred. your defenses must be set-
or in the answer up in your Answer.
are deemed Q2: Default is when a party fails to file an Answer, what
waived. is the effect?

Section 2. A A2: The party cannot take part in the trial and the court
compulsory can render judgement based on the claimants pleading
counterclaim, or a and prayer.
cross-claim, not
set up shall be
barred.

Section 3. Default -
defending party
fails to answer
within
the time allowed.
Court declares
upon motion and
upon its discretion,
render judgment
granting the
claim based on
pleading or require
the claimant to
submit evidence.
a. Effect -
party in
default
cannot
take part
in trial
(entitled to
notices)
b. Relief from
order of
default –
upon
motion
after
notice of
default but
before
judgment.
Must
show
meritoriou
s defense
(fraud,
accident,
mistake or
 excusable
negligence
).
c. Partial
default –
claim
based on
common
cause of
action
against
several
defending
parties
only some
answers
others
failed.
Court shall
try the
case
against all.
d. Award –
judgment
shall not
exceed
amount
prayed for,
no
unliquidat
ed
damages.
e. No default
- action for
annulment
or
declaratio
n of nullity
of
marriage
or for legal
separation.
OSG
investigate
s for
collusion.
 Rule 10- Amended and Supplemental Pleadings
Section 1. Pleadings filed in court may be amended. Such The image shows
Amendments in amendments will have the effect of abandoning the alterations in the original
General. — original pleading, it being superseded by the document. This is to
Pleadings may be Amended Pleading. emphasize that
amended by amendments to a
adding or striking pleading should be
out an allegation indicated by
or the name of underscoring, enclosing
any party, or by them in quotation marks,
correcting a or in capital letters as
mistake in the would make them readily
name of a party evident.
or a mistaken or
inadequate
allegation or
description in any
other respect, so
that the actual
merits of the
controversy may
speedily be
determined,
without regard to
technicalities,
and in the most
expeditious and
inexpensive
manner.
Section 2. Q: When is an amendment a matter of right of the
The image shows that a
Amendments as a party? party may amend his or
matter of right. her pleading once as a
— A party may A: It is a matter of right before a responsive matter of right AND
amend his pleading pleading is filed (for plaintiff, before an answer is
before a responsive
once as a matter of filed, and for defendant, before a reply is served)
pleading is filed.
right at any time Amendments for the first
before a responsive
pleading is served
The first amendment done will be considered time may be done
or, in the case of a without need for a leave of court. without filing for leave
reply, at any time of court. However,
within ten (10) amendments for the
calendar days after second or subsequent
it is served. time must always be with
leave of court.
Section 3. Subsequent substantial amendments by parties may The image shows that
Amendments by still be done, provided it be made upon leave of amendments by parties,
leave of Court. court. that could substantially
— Except as alter the cause of action
provided in the next The Court, however, has discretion whether or not of defense, must be
preceding section, to accept the same. Grounds for refusal are: pleaded to the Court.
substantial a) Intent to delay or confer jurisdiction on the court Parties must file a motion
amendments may be b) Pleading stated no cause of action
made only upon
in court, send notice to
leave of court. But an adverse party, and
such leave shall be hold a hearing for it.
refused if it appears
to the court that the It also shows that a judge
motion was made may refuse said leave of
with intent to delay court if one ground is
or confer
jurisdiction on the
present.
court, or the
pleading stated no
cause of action
from the beginning
which could be
amended. Orders of
the court upon the
matters provided in
this section shall be
made upon motion
filed in court, and
after notice to the
adverse party, and
an opportunity to be
heard.

Section 4. Q: What are formal amendments? The image shows that

Formal certain errors in a
Amendments. — A: Formal amendments refer to clerical or pleading may easily be
A defect in the typographical errors in a pleading. Such corrected.
designation of the amendments have no adverse effect on the other
parties and other party. Formal amendments may
clearly clerical or
typographical errors
be made at any stage of
may be summarily the proceeding and the
corrected by the errors may be summarily
court at any stage of corrected.
the action, at its
initiative or on
motion, provided no
prejudice is caused
thereby to the
adverse party
Section 5. No An issue presented during trial, which was not The 1st image depicts an
amendment within the issues raised in the pleadings and in pre- agreement between the
necessary to trial, will be treated as if it were raised in the parties, showing the
conform to or pleadings. The continuation without objection from element of consent. We
authorize the opposing party will be deemed trial with may treat this as a
presentation of consent. pleading wherein parties
evidence. — know of the issues raised
When issues not The new provision provides that it is not fatal if one and evidence that will be
raised by the does not amend the pleadings to conform to issues presented during trial.
pleadings are raised after pre-trial but raised with no objection.
tried with the The 2nd image shows that
express or in court during trial, one
implied consent party offers an
of the parties, evidence/raises an issue
they shall be which is not part of the
treated in all issues raised beforehand.
respects as if they When there is no
had been raised objection to such, then it
in the pleadings. will be deemed as if it is
No amendment tried with consent.
of such
pleadings
deemed
amended is
necessary to
cause them to
conform to the
evidence. (5a)
Section 6. Q: What are supplemental pleadings? The 2 images show that
Supplemental after a pleading has been
pleadings. — A: Supplemental pleadings refer to facts arising filed, supervening facts
Upon motion of a after the filing of the original pleading. Unlike may happen which were
party, the court amended pleadings, it is merely an addition to the not yet ripe for judicial
may, upon original pleading, it does not result in the relief when the original
reasonable notice withdrawal of the original pleading. Moreover, pleading was filed.
and upon such supplemental pleadings must be done always with Hence, the filing of
terms as are just, leave of court. supplemental pleadings
permit him or may be proper to supply
her to serve a deficiencies in aid of the
supplemental original pleading, and not
pleading setting to substitute it.
forth
transactions,
occurrences or
events which
have happened
since the date of
the pleading
sought to be
supplemented.
The adverse party
may plead thereto
within ten (10)
calendar days
from notice of the
order admitting
the supplemental
pleading.
Section 7. Filing The image shows that
of amended when amending a
pleadings. — pleading, it is not enough
When any that you show the court
pleading is only the amendments.
amended, a new One must file a new copy
copy of the entire of the whole pleading
pleading, incorporating the
incorporating the amendments. The
amendments, amendments should be
which shall be indicated by
indicated by underscoring, enclosing
appropriate them in quotation marks,
marks, shall be or in capital letters as
filed. would make them readily
evident.
Section 8. Effect Once an amended pleading is filed, the original The images show that a
of amended pleading is withdrawn. judge will only consider
pleadings. — An the final pleading filed,
amended which is the amended
pleading pleading.
supersedes the
pleading that it However, the superseded
amends. original pleading, may
However, still remain in the records
admissions in of the case. Reference
superseded may be made to it should
pleadings may be the parties subsequently
offered in formally offer it as
evidence against evidence. The allegations
the pleader, and in the superseded
claims or pleading may be utilized
defenses alleged as extrajudicial
therein not admissions.
incorporated in
the amended The Court then has the
pleading shall be option to admit the
deemed waived. original pleading as
evidence.
Rule 11- When to File Responsive Pleadings
Section 1. Q – What is an answer? The image illustrates that
Answer to the A – An answer is a pleading in which a defending the answer to the
complaint. – The party sets forth his or her defenses. complaint shall be 30
defendant shall calendar days, otherwise
file his or her Q – What is the complaint? the defendant shall be
answer to the declared in default.
complaint within A- The complaint is the pleading alleging the
thirty (30) plaintiff’s cause or causes of action.
calendar days
after service of PERIOD
summons, unless PERIOD
a different period PERIOD
is fixed by the (30 Calendar Days)
court. (1a)

Section 2. Q - Who is defendant foreign private juridical The image shows that
Answer of a entity. the summons intended
defendant foreign A – A defendant foreign private juridical entity is for the defendant
private juridical referred to a foreign corporation transact their foreign juridical entity is
entity. – Where business here in the Philippines without resident within 60 calendar days
the defendant is a agent. from the received
foreign private
thereof and it is made by
juridical entity
the Government official
and service of
summons is made designated by law.
on the
government
official Foreign
PERIOD
designated by
(60 Calendar Days) Private
law to receive the
same, the answer Juridical
shall be filed Entity
within sixty (60)
calendar days
after receipt of
summons by such
entity. (2a)
Section 3. Q – What is amendments in general? The images shows that
Answer to A - Pleading may be amended by adding or striking the answer to the
amended out an allegation or the name of any party, or by amended complaint shall
complaint. – correcting a mistake in the name of a party or a be done within 30
[When] the mistaken or inadequate allegation or description in calendar days if it is as a
plaintiff files an any other respect, so that the actual merits of the matter of right, but if it is
amended controversy may speedily be determined, without not as a matter of right,
complaint as a regard to technicalities, in the most expeditious it shall be done within 15
matter of right, and inexpensive manner. calendar days.
the defendant
Q - When the amendment as matter of right?
shall answer the
same within A- A party has the right to amend his pleading as a
thirty (30) matter of right, so long as the pleading is amended
calendar days only once and before the responsive pleading is
after being served served.
with a copy
thereof. Amended Pleadings

Where its filing is

not a matter of
right, the
defendant shall
answer the As a matter of Not as a matter of
amended Right (30 calendar Right (15 calendar
complaint within Days) days)
fifteen (15)
calendar days
from notice of the
order admitting
the same. An
answer earlier
filed may serve
as the answer to
the amended
complaint if no
new answer is
filed.

This Rule shall

apply to the
answer to an
amended
counterclaim,
amended cross-
claim, amended
third (fourth,
etc.)-party
complaint, and
amended
complaint-in-
intervention. (3a)
Section 4. Q- What is counterclaim? The image shows the
Answer to A – A counterclaim is any claim which a defending answer to the
counterclaim or party may have against an opposing party. counterclaim or cross-
cross-claim. – A Q – What is Cross-Claim? claim shall be 20
counterclaim or A – A cross-claim is any claim by one party against a calendar days from
cross-claim must co-party arising out of the transaction or service.
be answered
occurrence that is the subject matter either of the
within twenty
(20) calendar original action or of a counterclaim therein. Such
days from cross-claim may cover all or part of the original
service. (4a) claim.

(20 Calendar
Days)

Section 5. Q – What is Third (fourth, etc.) – party complaint? The image shows that
Answer to third A- A third (fourth, etc.) -party complaint is a claim the period of answering
(fourth, etc.)- that a defending party may, with leave of court, file the third (fourth, etc.)-
party complaint. against a person not a party to the action, called party complaint is 30
– The time to the third (fourth, etc.)-party defendant for calendar days.
answer a third contribution, indemnity, subrogation, or any other
(fourth, etc)-party
relief, in respect of his or her opponent’s claim.
complaint shall
be governed
THIRD (FOURTH,by
the same rule as
ETC)- PARTY
the answer to the PERIOD
complaint. (5) (30 Calendar Days)

Section 6. Reply. Q – What is the reply? The image shows that

– A reply, if A- All new matters alleged in the answer are whenever the reply is
allowed under deemed controverted. If the plaintiff wishes to allowed, it shall be done
Section 10, Rule interpose any claims arising out of the new matters within 15 calendar days
6 hereof, may be so alleged, such claims shall be set forth in an from service of the
filed within amended or supplemental complaint. However, the pleading responded to.
fifteen (15)
plaintiff may file a reply only if the defending party
calendar days
from service of attaches an actionable document to his or her
the pleading answer.
responded to. A reply is a pleading, the office or function of which
(6a) is to deny, or allege facts in denial or avoidance of
new matters alleged in, or relating to, said
 actionable document.
In the event of an actionable document attached to
the reply, the defendant may file a rejoinder if the
same is based solely on an actionable document.

REPLY
(15 calendar
days)

Section 7. Q- What is supplemental complaint? The image shows that

Answer to A- A supplemental pleading only serves to bolster the supplemental
supplemental or add something to the primary pleading. Its complaint shall be done
complaint. – A usual function is to set up new facts that justify, and answered within 20
supplemental enlarge, or change the kind of relief sought with calendar days from
complaint may be respect to the same subject matter as that of notice of the order
answered within the original complaint.
admitting the same,
twenty (20)
calendar days unless a different period
from notice of the is fixed by the court.
order admitting
the same, unless
a different period
is fixed by the PERIOD
SUPPLEMENTAL
court. The answer (20 Calendar
to the complaint Days)
shall serve as the
answer to the
supplemental
complaint if no
new or
supplemental
answer is filed.
(7a)

Section 8. Q – What is compulsory counterclaim? The image shows that if

Existing A- A compulsory counterclaim is one which, being your compulsory
counterclaim or cognizable by the regular courts of justice, arises counterclaim not raised
cross-claim. – A out or relates to the transaction or occurrence in the same action it is
compulsory constituting the subject matter of the opposing barred, unless otherwise
counterclaim or a party’s claim and does not require for its allowed by these Rules.
cross-claim that a
adjudication the presence of third parties of whom
defending party
has at the time he the court cannot acquire jurisdiction. Such a
or she files his or counterclaim must be within the jurisdiction of the
her answer shall court both as to the amount and the nature
be contained thereof, except that in an original action before the
therein. (8a) RTC, the counterclaim may be considered
compulsory regardless of the amount. A
compulsory counterclaim not raised in the same
action is barred, unless otherwise allowed by these
Rules.

Section 9. Q- What is Counter-counterclaims and counter- The image shows that

Counterclaim or cross-claims? the answer to the
cross-claim A – A counterclaims may be asserted against an counter claims or the
arising after original counter-claimant. cross-claim through
answer. – A A cross-claim may also be filed against an supplemental pleading
counterclaim or a original cross-claimant. shall be done with the
cross-claim
leave of court before
which either
judgment.
matured or was
acquired by a
party after
serving his or her
pleading may,
with the
permission of the
court, be ✓
presented as a A WITH COUNTER
counterclaim or a N CLAIM
LEAVE
cross-claim by S OR
supplemental W OF CROSS-
pleading before E COURT CLAIM
judgment. (9a) R

Section 10. Q – What is effect of the amended pleadings? The image shows that
Omitted A- An amended pleading supersedes the motion to file cross claim
counterclaim or pleading that it amends. However, admissions and amended answer
cross-claim. – in superseded pleadings may be received in with cross claim if
When a pleader evidence against the pleader; and claims or omitted shall be done
fails to set up a defenses alleged therein not incorporated in with leave of court if
counterclaim or a the amended shall be deemed waived. failure to file thereof is
cross-claim through oversight,
through inadvertence, or
oversight,
excusable neglect and
inadvertence, or
excusable can be availed thereof
neglect, or when before judgment.
justice requires,
he or she may, by
MOTION TO
leave of court, set FILE
up the
counterclaim or
cross-claim by
OR
amendment CROSS-CLAIM
before judgment. If omitted
(10a)

Section 11. Q- What is the reason allowing of filing extension The image shows that
Extension of time time to file an answer? the motion asking
to file an answer. A- Only for meritorious reason. extension time to file an
– A defendant answer due to
may, for tremendous inequality
meritorious
pressure of professional
reasons, be
granted an
additional period
of not more than
EXTENSION work may it deemed a
meritorious reason is 30
calendar days and only
thirty (30) one (1) motion allowed.
calendar days to
file an answer. A
defendant is only PERIOD
allowed to file (30 Calendar
one (1) motion
for extension of
days)
time to file an
answer.

A motion for
extension to file Only one
any pleading, motion
other than an allowed.
answer, is
prohibited and
considered a
mere scrap of
paper. The court,
however, may
allow any other
pleading to be
filed after the
time fixed by
these Rules. (11a)

Rule 12- Bill of Particulars

SECTION What is Bill of particulars? The image show that a
1 a bill of particulars is a detailed, formal, written counsel is making a draft
. When applied statement of charges or claims by a plaintiff or the to answer the raised
for; purpose. — prosecutor given upon the defendant's formal issue in the bill of
Before request to the court for more detailed information. particulars to enable the
responding to a other party to answer
pleading, a party the pleading properly
may move for a
definite
statement or for
a bill of
particulars of any
matter which is
not averted with
sufficient
definiteness or
particularity to
enable him
properly to
prepare his
responsive
pleading. If the
pleading is a
reply, the motion
must be filed
within ten (10)
days from service What is the power of the court with said motion?
thereof. The image show that the
SECTION 2 The power of the court to grant or deny the filling clerk of court
. Action by the of motion, or allow the parties the opportunity to immediately bring the
court. Upon the be heard attention of said motion
filing of the to the court.
motion, the clerk
of court must
immediately
bring it to the
attention of the
court which may
either deny or
grant it outright,
or allow the
parties the
opportunity to be
heard

SECTION 3 When to comply with order of the court when The image show that the
Compliance with the motion is granted? counsel complied with
order. Within 10 days from the notice of the order the order of the court
If the motion is unless a different period is fixed by the court. within reglementary
granted, either in period given to her.
whole or in part,
the compliance
therewith must
be effected
within ten (10)
days from notice
of the order,
unless a different
period is fixed by
the court. The bill
of particulars or a
more definite
statement
ordered by the
court may be
filed either in a
separate or in an
amended
pleading, serving
a copy thereof on
the adverse party
SECTION 4 Effect of non-compliance with the order of the The image shows the
Effect of non- court? striking out some of the
compliance. 1. The court may order the striking out of the portion of the pleading
— If the order is pleading or the portions thereof to which the and the reason is the
not obeyed, or in order was directed. non-compliance of the
case of 2. Make such other order as it deems just. order of the court.
insufficient
compliance
therewith, the
court may order
the striking out
of the pleading
or the portions
thereof to which
the order was
directed or make
such other order
as it deems just.
SECTION 5 When to file the responsive pleading? The image show that a
Stay of period to It shall not be less than (5) five days in any of the more definite pleading is
file responsive following event: served , which means
pleading. — After 1. After service of the bill of particulars or of a the party may file their
service of the bill more definite pleading. responsive pleading not
of particulars or 2. After notice of denial of his motion. less than 5 days after the
of a more said event.
definite pleading,
or after notice of
denial of his
motion, the
moving party
may file his
responsive
pleading within
the period to
which he was
entitled at the
time of filing his
motion, which
shall not be less
than five (5) days
in any event.
SECTION 6 What will happen to the bill of particular raised in a The image show that the
Bill a part of motion? woman become part of
pleading. — A bill It will become part of the pleading the life of the woman
of particulars when they get married.
becomes part of Like what happen when
the pleading for the bill become part of
which it is the pleading.
intended

Rule 13- Filing and Service of Pleadings

Section 1. Q: What is the coverage of Rule 13? The image depicts “out
Coverage. – This A: The filing of all pleadings, motions, and other with the old, in with the
Rule shall govern court submissions, as well as the service thereof, new” as the Amended
the filing of all except those for which a different mode of service Revised Rules of Court
pleadings, is prescribed. now contemplates the
motions, and filing of submissions in
other court Q: What does the rule contemplate due to its court which shall not be
submissions, as revision? paper based and through
well as the A: Due to the revision, the rule now contemplates electronic means. As
service thereof, filing of submissions that are not paper-based, such seen in the image, the
except those for as those made through electronic means. judge is wearing a mask
which a different as she physically reports
mode of service to work in her
is courtroom. Such
prescribed. revisions would be
convenient much so in
cases like today as we all
hurdle with the crisis or
the pandemic.

Section 2. Filing Q: What is Filing? The image shows a man

and service, A: Filing is the act of submitting the pleading or filing his pleadings in
defined. – Filing other paper to the court. court in one manner as
is the act of defined by law, such as
submitting the Q: What is service? the act of submitting it to
pleading or other A: Service is the act of providing a party with a copy the court, and it also
paper to the of the pleading or any other court submission. shows a “you’ve got
court. served” image because it
Q: To whom shall service be made? depicts service
Service is the act A: The general rule is to serve the copy of the symbolically as
of providing a pleading or the court submission to the party something that is being
party with a copy himself. The court orders service upon both the served initially to a party
of the pleading party and counsel. in litigation, just like in
or any other sports.
court submission. Q: What is the exception to the general rule
aforementioned?
If a party has A: If a party has appeared by counsel, service upon
appeared by such party shall be made upon his or her counsel or
counsel, service one of the counsels.
upon such party
shall be made Q: How many copies should be made?
upon his or her A: When several parties/several counsel Where one
counsel, unless counsel appears for several parties, such counsel
service upon the shall only be entitled to one copy of any paper
party and the served upon him by the opposite side. Where
party’s counsel is several counsels appear for one party, such party
ordered by the shall be entitled to only one copy of any pleading or
court. Where one paper to be served upon the lead counsel if one is
counsel appears designated or upon any one of them is there no
for several designation of a lead counsel.
parties, such
counsel shall only
be entitled to
one copy of any
paper served
upon him by the
opposite side.
Where several
counsels appear
for one party,
such party shall
be entitled to
only one copy of
any pleading or
paper to be
served upon the
lead counsel if
one is
designated, or
upon any one of
them if there is
no designation of
a lead counsel.
Section 3. Q: How should filing be made? The image depicts a
Manner of filing. A: The filing of pleadings and other court customary Filipino trait
– The filing of submissions shall be made by: in showing respect and
pleadings and a. Submitting personally the original to the court; manners to elders as in
other court b. Sending them by registered mail; the manner of filing of
submissions shall c. Sending them by accredited courier; or pleadings, as
be made by: d. Transmitting them by electronic mail or other enumerated by law.
(a) Submitting electronic means as may be authorized by the
personally the Court, in places where the court is electronically
original thereof, equipped.
plainly indicated
as such, to the Q: How shall the dates of filing be determined?
court; A:
(b) Sending them a. Personal Filing - The clerk of court shall endorse
by registered on the pleading the date and hour of filing
mail; b. Filing by Registered Mail and Filing by
(c) Sending them Accredited Courier - The date of the mailing of
motions, pleadings, and other court
by accredited
submissions, and payments or deposits, as
courier; or
shown by the post office stamp on the envelope
(d) Transmitting or the registry receipt shall be considered as the
them by date of their filing.
electronic mail or c. Transmittal by electronic mail or other
other electronic electronic means - The date of electronic
means as may be transmission
authorized by the
court in places
where the court
is electronically
equipped.

In the first case,

the clerk of court
shall endorse on
the pleading the
date and hour of
filing. In the
second and third
cases, the date of
the mailing of
motions,
pleadings, and
other court
submissions, and
payments or
deposits, as
shown by the
post office stamp
on the envelope
or the registry
receipt, shall be
considered as the
date of their
filing, payment,
or deposit in
court. The
envelope shall be
attached to the
record of the
case. In the
fourth case, the
date of electronic
transmission
shall be
considered as the
date
of filing.

Section 4. Papers Q: What papers are required to be filed and The image shows the
required to be served? person drowning in
filed and served. A: a. Judgment papers just like the
– Every b. Resolution various papers that
judgment, c. Order should be filed and
resolution, order, d. Pleading subsequent to the complaint served.
pleading e. Written motion
subsequent to f. Notice
the complaint, g. Appearance
written motion, h. Demand
notice, i. Offer of judgment; or
appearance, j. Similar papers.
demand, offer of
judgment or
similar
papers shall be
filed with the
court, and served
upon the parties
affected.
Section 5. Modes Q: What are the different modes of service? The image shows “beast
of service. – A: Pleadings, motions, orders, judgments, and mode” which just like
Pleadings, other court submissions shall be served: millennials who often
motions, notices, 1. Personally have it as a default
orders, 2. By registered mail mode, there are
judgments, and 3. By accredited courier different modes of
other court 4. By electronic mail, facsimile transmission, or service of pleadings to
submissions shall other electronic means as may be authorized by the parties like personal
be served the Court. service also shown in the
personally or by 5. By service as provided for in international picture as the man hands
registered mail, conventions to which the Philippines is a party, and out a piece of paper
accredited 6. Substituted service. when the other person is
courier, doing his thing, and
electronic mail, Q: How is personal service being made? other modes which are
facsimile A: Service by personal service shall be made by: likewise enumerated in
transmission, 1. By personal delivery of a copy to the party, the previous column.
other electronic counsel, or to their authorized representative
means as may be named in the appropriate pleading or motion, or
authorized by the 2. By leaving it in his or her office with his or her
court, or as clerk, or with a person having charge thereof
provided for in
international If no person is found in his or her office, or his or
conventions to her office is not known, or he or she has no office,
which the then by leaving the copy at the party or counsel's
Philippines is a residence, if known, with a person of sufficient age
party. and discretion residing therein. Such must be
served at the residence at a time between 8 am to
6 pm.

Q: How is service by registered mail being made?

A:
1. By depositing the copy in the post office in a
sealed envelope, 2. The copy must be plainly
addressed to the party or counsel at his office, if
known. Otherwise, address to his residence, if
known,
3. Postage must be fully prepaid, and
4. Copy must come with instructions to the
postmaster to return the mail to the sender after
10 calendar days if the copy remains undelivered.
5. If no registry service is available in the locality of
either the sender or addressee, service can be
made through ordinary mail.

Q: How is service by accredited courier done?

A: Unlike the other means of service, it seems that
there is no provision under the Amended Rules
which outlines how service via accredited courier is
done. At most, the Amended Rules only provide
that in the case of judgements, finals orders, and
resolutions, such service must be preceded by an
ex parte motion requested by any party to the
proceedings.

Q: How is service by electronic mail, facsimile

transmission, or other electronic means done?
A: 1. By sending an e-mail to the party’s or
counsel’s e-mail address, or
2. Through other electronic means of transmission.
Before service by electronic means can be availed
of, either the agreement of the parties or the
direction of the court is required. Service by
facsimile By sending a facsimile copy to the party or
counsel’s given facsimile number.

Q: What is substituted service?

A: If service of pleadings, motions, notices,
resolutions, orders and other papers cannot be
made personally or by mail, the office and place of
residence of the party
or his or her counsel being unknown, service may
be made by delivering the copy to the clerk of
court, with proof of failure of both personal service
and service by mail. The service is complete at the
time of
such delivery.
Section 14. Q: What orders, pleadings, and other documents As shown in the image,
Conventional must be served or filed personally or by registered just like the nuns who
service or filing mail when allowed, and shall not be served or filed live in the convent, there
of orders, electronically, unless express permission is granted are also conventional
pleadings and by the court? ways of filing and serving
other A: orders, pleadings and
documents. – (a) Initiatory pleadings and initial responsive other documents which
Notwithstanding pleadings, such as an answer; should be upon court
the foregoing, (b) Subpoena, protection orders, and writs; approval.
the following (c) Appendices and exhibits to motions, or other
orders, documents that are not readily amenable
pleadings, and to electronic scanning may, at the option of the
other documents party filing such, be filed and served conventionally;
must be served and
or filed (d) Sealed and confidential documents or records.
personally or by
registered mail
when allowed,
and shall not be
served or filed
electronically,
unless express
permission is
granted by the
court:
(a) Initiatory
pleadings and
initial responsive
pleadings, such
as an answer;
(b) Subpoena,
protection
orders, and writs;
(c) Appendices
and exhibits to
motions, or other
documents that
are not readily
amenable
to electronic
scanning may, at
the option of the
party filing such,
be filed and
served
conventionally;
and
(d) Sealed and
confidential
documents or
records.
Section 15. Q: When is service deemed complete? The image shows the
Completeness of A: multivitamins Centrum
service. – 1. Personal Service - Upon actual delivery. which is said to be
Personal service 2. Service by ordinary mail - Upon the expiration Complete in vitamins,
is complete upon of the 10 calendar days after mailing, unless the just as how service of
actual delivery. court otherwise provides. pleadings would be
3. Service by registered mail - Upon the actual
Service by deem complete as
receipt by the addressee, or after 5 calendar
ordinary mail is enumerated.
days from the date he or she received the first
complete upon notice of the postmaster, whichever is earlier.
the expiration of 4. Service by accredited courier - Upon actual
ten (10) calendar receipt by the addressee or after at least 2
days after attempts to deliver or upon the expiration of 5
mailing, unless calendar days after the first attempt to deliver,
the court whichever is earlier.
otherwise 5. Electronic Service- At the time of the electronic
provides. Service transmission of the document or at the time
by registered that the electronic notification of service of the
document is sent. It is not effective or complete
mail is complete
if the party serving learns that it did not reach
upon actual
the person to be served.
receipt by the 6. Service by facsimile transmission - Upon receipt
addressee, or by the other party as indicated in the facsimile
after five (5) printout.
calendar days 7. Substituted service - At the time of delivery of
from the date he the copy to the clerk of court.
or she received
the first notice of
the postmaster,
whichever date
is earlier. Service
by accredited
courier is
complete upon
actual receipt by
the addressee, or
after at least two
(2) attempts to
deliver by the
courier service,
or upon the
expiration of five
(5) calendar days
after the first
attempt to
deliver,
whichever is
earlier. Electronic
service is
complete at the
time of the
electronic
transmission of
the document, or
when available,
at the time that
the electronic
notification of
service of the
document is
sent. Electronic
service is not
effective or
complete if the
party serving the
document learns
that it did not
reach the
addressee or
person to be
served. Service
by facsimile
transmission is
complete upon
receipt by the
other party, as
indicated in the
facsimile
transmission
printout.
Section 16. Proof Q: How can filing be proved? The image shows a
of filing. – The bulletproof vest because
filing of a A: there should also be
pleading or any 1. Personal Filing - By the written or stamped proof of filing in order
other court acknowledgment of its filing by the clerk of for a party to save his
submission shall court on a copy of the pleading or court own life so that
be proved by its submission. procedural errors and
2. Filing by registered mail - By the registry receipt
existence in the impediments would not
and the affidavit of the person who mailed it
record of the backfire them in
containing a full statement of the date and
case. place of deposit of the mail in the post office in litigation.
(a) If the pleading a sealed envelope addressed to the court, with
or any other postage fully prepaid, and with the instructions
court submission to the postmaster to return the mail to the
is not in the sender after 10 calendar days if not delivered.
record, but is 3. Filing by accredited courier - By an affidavit of
claimed to have service of the person who brought the pleading
been filed or other document to the service provider, and
personally, the the courier’s official receipt and document
tracking number.
filing shall be
4. Electronic Filing - By an affidavit of electronic
proven by the
filing of the filing party, and a paper copy of the
written or pleading or other document transmitted, or A
stamped written or stamped acknowledgment of its filing
acknowledgment by the clerk of court.
of its filing by the 5. Filing by other authorized electronic means - By
clerk of court on an affidavit of electronic filing of the filing party,
a copy of the and a copy of the electronic acknowledgment of
pleading or court its filing by the court.
submission;
(b) If the
pleading or any
other court
submission was
filed by
registered mail,
the filing shall be
proven by the
registry receipt
and by the
affidavit of the
person who
mailed it,
containing
a full statement
of the date and
place of deposit
of the mail in the
post office in a
sealed
envelope
addressed to the
court, with
postage fully
prepaid, and with
instructions to
the postmaster
to return the
mail to the
sender after ten
(10) calendar
days if not
delivered.
(c) If the pleading
or any other
court submission
was filed through
an accredited
courier service,
the filing shall be
proven by an
affidavit of
service of the
person who
brought the
pleading or other
document to the
service provider,
together with the
courier’s official
receipt and
document
tracking number.
(d) If the
pleading or any
other court
submission was
filed by
electronic mail,
the same shall be
proven by an
affidavit of
electronic filing
of the filing party
accompanied by
a paper copy of
the pleading or
other document
transmitted or a
written or
stamped
acknowledgment
of its filing by the
clerk of court. If
the paper copy
sent by
electronic mail
was filed by
registered mail,
paragraph (b) of
this Section
applies.
(e) If the pleading
or any other
court submission
was filed through
other authorized
electronic means,
the same shall be
proven by an
affidavit of
electronic filing
of the filing party
accompanied by
a copy of the
electronic
acknowledgment
of its filing by the
court. (12a)

Section 17. Proof Q: How can service be proved? The images shown
of service. – 1. Personal Service - A written admission of the manifests the different
Proof of personal party served, or The official return of the server, ways of proving service,
service shall or The affidavit of the party serving, containing as enumerated, through
consist of a a statement of the date, place, and manner of affidavits, receiots and
service
written the like.
admission of the 2. Service by ordinary mail - This mode of service
party served, or may only be availed of if no registry service is
the official return available in the locality as per Sec. 7, Rule 13. An
of the server, or affidavit of the person mailing stating the facts
showing compliance with Sec. 7, Rule 13.
the affidavit of
3. Service by registered mail - An affidavit of the
the party serving,
person mailing stating the facts showing
containing a compliance with Sec. 7, Rule 13 and the registry
statement of the receipt issued by the mailing office.
date, place and 4. Service by accredited courier - An affidavit of
manner of service executed by the person who brought the
service. If the pleading or paper to the service provider, and
service is made the courier’s official receipt or document
by: tracking number.
(a) Ordinary mail. 5. Service by electronic mail - An affidavit of
– Proof shall service executed by the person who sent the e-
mail, facsimile, or other authorized electronic
consist of an
means of transmission facsimile, or other
affidavit of the
electronic transmission, and printed proof of
person mailing transmittal
stating the facts
showing
compliance with
[S]ection 7 of this
Rule.
(b) Registered
mail. – Proof
shall be made by
[the] affidavit
mentioned above
and the registry
receipt issued by
the mailing
office. The
registry return
card shall be filed
immediately
upon its receipt
by the sender, or
in lieu thereof[,]
the unclaimed
letter together
with the certified
or sworn copy of
the notice given
by the
postmaster to
the addressee.
(c) Accredited
courier service. –
Proof shall be
made by an
affidavit of
service executed
by the person
who brought the
pleading or paper
to the service
provider,
together with the
courier’s official
receipt or
document
tracking number.
(d) Electronic
mail, facsimile, or
other authorized
electronic means
of transmission.
– Proof shall be
made by an
affidavit of
service executed
by the person
who sent the e-
mail, facsimile, or
other electronic
transmission,
together with a
printed proof of
transmittal. (13a)

Rule 14- Summons

Section 1. Clerk Q: Who shall issue summons? The image shows that
to issue the court directing the
summons. — A: The clerk of court has the duty to issue summons clerk of court to issue
Unless the from reciept of initiatory pleading and payment of summon against
complaint is on necessary fee. defendant.
its face
dismissible
under Section 1,
Rule 9, the court
shall, within five
(5) calendar days
from receipt
of the initiatory
pleading and
proof of payment
of the requisite
legal fees, direct
the
clerk of court to
issue the
corresponding
summons to the
defendants. (1a)
Section 2. Q: what are the necessary content in a summon? The image shows that it
Contents. — The is important for
summons shall A: summon shall contain the following: summons that it must
be directed to 1. name of the court and parties to the action contain those being
the defendant, 2. autorizatrion for the plaintif to serve the enumerated under
signed by summon to the defendant section 2 of the Rules.
the clerk of court 3. A direction that defendant answer w/in the time
under seal, and fixed by the rules
contain: 4 A notice that unless the defendant so answers,
(a) The name of plaintiff will take judgment by
the court and the default and may be granted the relief applied for.
names of the
parties to the
action;
(b)When
authorized by the
court upon ex
parte motion, an
authorization for
the
plaintiff to serve
summons to the
defendant;
(c) A direction
that the
defendant
answer within
the time fixed by
these Rules; and
(d) A notice that
unless the
defendant so
answers, plaintiff
will take
judgment by
default and may
be granted the
relief applied for.
A copy of the
complaint and
order for
appointment of
guardian ad
litem, if any,
shall be attached
to the original
and each copy of
the summons.
(2a)

Section 3. By Q: Who shall serve summons? The image shows that

whom served.— sheriff serving summon
The summons A: The summons may be served by the sheriff, his to the defendant, which
may be served by or her deputy, or other proper court officer, and in under the rules
the sheriff, his or case of failure of service of summons by them, the summons may be served
her deputy, or court may authorize the plaintiff to serve the by sheriff.
other proper summons together with the sheriff.
court officer, and
in case of failure
of service of
summons by
them, the court
may authorize
the plaintiff - to
serve the
summons -
together with the
sheriff. In cases
where summons
is to be served
outside the
judicial region of
the court where
the case is
pending, the
plaintiff shall be
authorized to
cause the service
of summons.

If the plaintiff is a
juridical entity, it
shall notify the
court, in writing,
and name its
authorized
representative
therein, attaching
a board
resolution or
secretary’s
certificate
thereto, as the
case may be,
stating that such
representative is
duly authorized
to serve the
summons on
behalf of the
plaintiff.

If the plaintiff
misrepresents
that the
defendant was
served summons,
and it is later
proved that no
summons was
served, the case
shall be
dismissed with
prejudice, the
proceedings shall
be nullified, and
the plaintiff shall
be meted
appropriate
sanctions. If
summons is
returned without
being served on
any or all the
defendants, the
court
shall order the
plaintiff to cause
the service of
summons by
other means
available under
the Rules. Failure
to comply with
the order shall
cause the
dismissal of the
initiatory
pleading
without
prejudice. (3a)

Section 4. Q: Until when summons shall remain valid? The image indicating the
Validity of word you’ve been
summons and A: Summons shall remain valid until duly served served. It shows that
issuance of alias summons has been
summons — served to the defendant.
Summons shall Under the rules
remain valid until summons shall remain
duly served, valid until duly served to
unless it is the defendant.
recalled by the
court. In case of
loss or
destruction of
summons, the
court may, upon
motion, issue an
alias summons.
There is failure of
service after
unsuccessful
attempts to
personally serve
the
summons on the
defendant in his
or her address
indicated in the
complaint.
Substituted
service should be
in the manner
provided under
Section 6 of this
Rule

Section 5. Service Q: To whom summon shall be served? The image show that
in person on summon is being served
defendant. — A: Whenever practicable summons shall be served personally to the
Whenever by handing a copy thereof to the defendant in defendant.
practicable, the person.
summons shall
be served by
handing a copy
thereof to the
defendant in
person and
informing the
defendant that
he or she is being
served, or, if he
or she refuses to
receive and sign
for it, by leaving
the summons
within the view
and in the
presence of the
defendant.

Section 6. Q; what happened if summon cannot be served The images show

Substituted personally? different modes of
service. — If, for service of summon to
justifiable causes, A: If summons cannot be served personally. Service the defendant. the first
the defendant may be effected by leaving copies of the summons one show service of
cannot be in the following: summon at defendants
served personally a. At defendant's residence to a person at least residence. The second
after at least eighteen (18) years of age and of sufficient image show service of
three (3) discretion residing therein; summons at the office of
attempts on two b. At the defendant's office or regular place of the defendant and; The
business with some competent person in charge
(2) different last image show service
thereof. A competent person includes, but is not
dates, service of summons through
limited to, one who customarily receives
may be effected: correspondences for the defendant; electronic mail.
(a) By leaving c. if refused with any of the officers of the
copies of the homeowners’ association or condominium
summons at the corporation, or its chief security officer in charge
defendant's of the community or the building where the
residence to a defendant may be found; and
person at least d. By sending an electronic mail to the defendant’s
eighteen (18) electronic mail address, if allowed by the court.
years of age and
of sufficient
discretion
residing therein;
(b) By leaving
copies of the
summons at the
defendant's
office or regular
place of business
with some
competent
person in charge
thereof. A
competent
person includes,
but is not limited
to, one who
customarily
receives
correspondences
for the
defendant;
(c) By leaving
copies of the
summons, if
refused entry
upon making his
or her authority
and purpose
known, with any
of the officers of
the homeowners’
association or
condominium
corporation, or
its chief security
officer in charge
of the
community or
the building
where the
defendant may
be found; and
(d) By sending an
electronic mail to
the defendant’s
electronic mail
address, if
allowed by the
court.
Section 7. Service Q: what is the remedy if defendant is an entity The image shows that
upon entity without juridical personality, to whom summon summon was served to
without juridical shall be serve? the officer of
personality. — unregistered
When persons A: When persons associated in an entity without corporation.
associated in an juridical personality, service may be effected upon
entity without all the
juridical defendants by serving upon any one of them, or
personality are upon the person in charge of the office or place of
sued under the business maintained in such name
name by which .
they are
generally or
commonly
known, service
may be effected
upon all the
defendants by
serving upon any
one of them, or
upon the person
in charge of the
office or place of
business
maintained in
such name. But
such service shall
not bind
individually any
person whose
connection with
the entity has,
upon due notice,
been severed
before the action
was filed.
Section 8. Service Q: Who shall serve summon if the defendant is a The image show that jail
upon prisoners. prisoner? officer is serving
— When the summon against
defendant is a A: Service shall be effected upon defendant by defendant.
prisoner confined officer having the management of such jail or
in institution who is deemed as a special sheriff for
a jail or said purpose.
institution,
service shall be
effected upon
him or her by the
officer having
the management
of such jail or
institution who is
deemed as a
special sheriff for
said purpose. The
jail warden shall
file a return
within five (5)
calendar days
from
service of
summons to the
defendant. (9a)

Section 9. Service Under this section service of summon may be

consistent with effected through the Service Convention provides
international for the different channels through which a judicial
conventions. — or extrajudicial document may be transmitted from
Service may be one State Party (Requesting State) to another
made through (Requested State).
methods which
are consistent
with established
international
conventions to
which the
Philippines is a
party.

Section 10. Q: What if defendant is a minor, insane or This image shows

Service upon incompetent person, to whom summons shall be summons were serve to
minors and served if defendant is minor, insane or the parents of minor.
incompetents. — incompetent?
When the
defendant is a A: service of summons shall be made upon him or
minor, insane or her personally and on his or her legal guardian if he
otherwise an or she has one, or if none, upon his or her guardian
incompetent ad litem. In the case of a minor, service shall be
person, service of made on his or her parent or guardian.
summons shall
be made upon
him or her
personally and
on his or her
legal guardian if
he or she has
one, or if none,
upon his or her
guardian ad litem
whose
appointment
shall be applied
for by the
plaintiff. In the
case of a minor,
service shall be
made on his or
her parent or
guardian.

Section 11. Q: To whom summon shall be served if the spouses The image shows
Service upon are defendant to a case? spouses receiving
spouses. — summon.
When spouses A: service shall be made to each spouse
are sued jointly, individually.
service of
summons should
be made to each
spouse
individually.

Section 12. Q: what happened if the defendant is a Image show that service
Service upon corporation, to whom summon shall be served? of summon was made to
domestic private corporate secretary.
juridical entity. A: if defendant is a corporation service may be
— When the made on the resident, managing partner, general
defendant manager, corporate secretary, treasurer, or in-
is a corporation, house counsel of the corporation wherever they
partnership or may be found, or in their absence or unavailability,
association on their secretaries.
organized under
the laws of the
Philippines with a
juridical
personality,
service may be
made on the
president,
managing
partner, general
manager,
corporate
secretary,
treasurer, or in-
house
counsel of the
corporation
wherever they
may be found, or
in their absence
or
unavailability, on
their secretaries.
Should there be a
refusal on the
part of the
persons above-
mentioned to
receive
summons despite
at least three (3)
attempts on two
(2) different
dates, service
may
be made
electronically, if
allowed by the
court, as
provided under
Section 6 of this
Section 13. Duty Q: What happened if summon was improperly The image shows that
of counsel of served and lawyer question the validity of service lawyer make an
record. — Where of summons on behalf of defendant. appearance questioning
the summons is the validity of summons.
improperly A: The counsel shall be deputized by the court to In this case the counsel
served served summons on his or her client. shall be deputize by the
and a lawyer court to serve the
makes a special summon to his client.
appearance on
behalf of the
defendant to,
among others,
question the
validity of service
of summons, the
counsel shall be
deputized by the
court to serve
summons on his
or her client. (n)

Section 14. Q: Is it necessary to prove first that foreign The first image show
Service upon corporation is doing business in the Philippines for that service of summon
foreign private the purpose of valid service of summons? was made on his its
juridical entities. resident agent.
— When the A: No it is now settled that for the purpose of
defendant is having summon served on a foreign country is is The second image shows
a foreign private sufficient that it be alleged in the complaint that that or the foreign
juridical entity the foreign corporation is doing business company is not
which has registered in the
transacted or is Philippine or has no
doing business in resident agent service of
the summon was made
Philippines, as through electronic
defined by law, means
service may be
made on its
resident agent
designated in
accordance with
law for that
purpose, or, if
there be no such
agent, on the
government
official
designated by
law to that
effect, or on any
of its officers,
agents, directors
or trustees
within the
Philippines.
If the foreign
private juridical
entity is not
registered in the
Philippines, or
has no
resident agent
but has
transacted or is
doing business in
it, as defined by
law, such
service may, with
leave of court, be
effected outside
of the Philippines
through any
of the following
means:
(a) By personal
service coursed
through the
appropriate
court in the
foreign
country with the
assistance of the
department of
foreign affairs;
(b)By publication
once in a
newspaper of
general
circulation in the
country where
the defendant
may be found
and by serving a
copy of the
summons and
the
court order by
registered mail at
the last known
address of the
defendant;
(c) By facsimile;
(d)By electronic
means with the
prescribed proof
of service; or
(e) By such other
means as the
court, in its
discretion, may
direct

Section 15. Q: To whom service of summon be made in case of The image show that
Service upon public corporation? summons was effected
public to Solicitor General
corporations. — A: in case of Republic of the Philippines Solicitor
When the General; and executive head in case of province,
defendant is the city or municipality.
Republic of the
Philippines,
service may be
effected on the
Solicitor General;
in case of a
province, city or
municipality, or
like public
corporations,
service may be
effected
on its executive
head, or on such
other officer or
officers as the
law or the court
may
direct. (13a)
Section 16. Q: what is the remedy in cases where personal Image show that service
Service upon service or if defendant are unknown or cannot be of summon was made by
defendant whose ascertain by diligent inquiry? publication in a
identity or newspaper of general
whereabouts are A: service may be effected by leave of court upon circulation.
unknown.— In him by publication in newspaper of general
any action where publication.
the defendant is
designated as an
unknown owner,
or the
like, or whenever
his or her
whereabouts are
unknown and
cannot be
ascertained by
diligent inquiry,
within ninety (90)
calendar days
from the
commencement
of the action,
service may, by
leave of court, be
effected upon
him or her by
publication in a
newspaper of
general
circulation and in
such places and
for such time as
the court may
order.
Any order
granting such
leave shall
specify a
reasonable time,
which shall not
be
less than sixty
(60) calendar
days after notice,
within which the
defendant must
answer. (14a)

Section 17. Q: When extra territorial allowed? The images show that
Extraterritorial service of summon may
service. — When A: Extraterritorial service of summon applies only be effected in different
the defendant where the action is in rem or quasi in rem, but not ways or mode if the
does not reside if an action is in personam. person does not reside
and is In action in rem and quasi in rem jurisdiction over and is not found in the
not found in the the person is not a pre requisite to confer Philippines.
Philippines, and jurisdiction on the court.
the action affects
the personal
status of the
plaintiff or
relates to, or the
subject of which
is, property
within the
Philippines, in
which the
defendant has or
claims a lien or
interest, actual
or contingent, or
in which the
relief demanded
consists, wholly
or in part, in
excluding the
defendant from
any interest
therein, or the
property of the
defendant has
been attached
within the
Philippines,
service may, by
leave of court, be
effected out of
the Philippines
by personal
service as under
Section 6; or as
provided for in
international
conventions to
which the
Philippines is a
party; or by
publication in a
newspaper of
general
circulation in
such places and
for such time as
the court may
order, in which
case a copy of
the summons
and order of the
court shall be
sent by
registered mail to
the last known
address of the
defendant, or in
any other
manner the court
may deem
sufficient. Any
order
granting such
leave shall
specify a
reasonable time,
which shall not
be less than sixty
(60) calendar
days after notice,
within which the
defendant must
answer. (15a)

Section 18. Q: What are the remedies if defendant is

Residents temporarily out of the country
temporarily out
of the A: By personal service as under Section 6; or as
Philippines. — provided for in international conventions to which
When any action the Philippines is a party; or by publication in a
is commenced newspaper of general circulation in such places
against a
defendant who
ordinarily resides
within the
Philippines, but
who is
temporarily out
of it, service may,
by leave of court,
be also effected
out of the
Philippines, as
under the
preceding
Section.
Section 19. Leave Section 19 provides the requisites for the
of court. — Any application for leave of court to effect service of
application to the summons.
court under this 1. Must be made in by motion
Rule for leave to 2. Must be in writing
effect service in 3. Mus be supported by affidavit of the plaintif or
any manner for some person on his behalf.
which leave of
court is
necessary shall
be made by
motion in
writing,
supported by
affidavit of the
plaintiff or some
person on his
behalf, setting
forth the grounds
for the
application.
Section 20. Q: What is the duty of process server after the
Return. — Within service ?
thirty (30)
calendar days A: The server shall file with the court and serve a
from issuance of copy of the return to the plaintiff’s counsel,
summons personally, by registered mail, or by electronic
by the clerk of means authorized by the Rules.
court and receipt If by substituted service have been effected, the
thereof, the return shall state the following:
sheriff or process (1)The impossibility of prompt personal service
server, or person (3)The name of the person at least eighteen (18)
authorized by the years of age and of sufficient discretion residing
court, shall thereat, name of competent person in charge of
complete its the defendant’s office or regular place of business,
service. Within or name of the officer of the homeowners’
five (5) calendar association or condominium corporation or its chief
days security officer in charge of the community or
from service of building where the defendant may be
summons, the found.
server shall file
with the court
and serve a copy
of
the return to the
plaintiff’s
counsel,
personally, by
registered mail,
or by electronic
means
authorized by the
Rules.
Should
substituted
service have
been effected,
the return shall
state the
following:
(1)The
impossibility of
prompt personal
service within a
period of thirty
(30)
calendar days
from issue and
receipt of
summons;
Section 21. Proof Section 21 provides that proof of service shall be This image illustrate that
of service. — The made in writing and shall set forth the manner, proof of service shall be
proof of service place and date of service and spicy who receive the made in writing setting
of a summons document. fort the manner, place
shall be made in and date of service.
writing by the
server and shall
set forth the
manner, place,
and date of
service; shall
specify any
papers which
have been served
with the process
and the name of
the person who
received the
same; and shall
be sworn to
when made by a
person other
than a sheriff or
his or her deputy.
If summons was
served by
electronic mail, a
printout of said
e-mail, with a
copy of the
summons as
served, and the
affidavit of the
person mailing,
shall constitute
as proof of
service.
Section 22. Proof Q: In what way does service of summon by This image show that
of service by publication may be prove? process server being an
publication. — If public officer one of his
the service has A: By the affidavit of the publisher, editor, legal duties is to effect
been made by business or advertising manager, to which affidavit prompt and effective
publication, a copy of the publication shall service of summons
service may be be attached and by an affidavit showing the deposit issued by the court.
proved by the of a copy of the summons. That process server is
affidavit of the primarily responsible for
publisher, editor, the speedy and efficient
business or service of all court
advertising process.
manager, to
which affidavit a
copy of the
publication shall
be attached and
by an affidavit
showing the
deposit of a copy
of the summons
and
order for
publication in the
post office,
postage prepaid,
directed to the
defendant
by registered
mail to his or her
last known
address.

Section 23. Q: Does the court validly acquired jurisdiction over The image illustrate that
Voluntary the person of defendant when the latter voluntarily defendant participated
appearance. — submitted him to the court. in trial, wherein his
The defendant's appearance to the is
voluntary A: Defendant voluntary appearance in action is equivalent to service .
appearance in equivalent to service.
the
action shall be
equivalent to
service of
summons. The
inclusion in a
motion to
dismiss of other
grounds aside
from lack of
jurisdiction over
the person of the
defendant shall
be deemed a
voluntary
appearance

Rule 15- Motions

Rule 15 To differentiate with a pleading, it is noteworthy to The image reflects that
MOTIONS review the definition of pleading which is a written definitions must be
Section 1. Motion statement of the respective claims and defences of mastered carefully.
defined. A motion the parties submitted to the court for appropriate
is an application judgment.
for relief other than
by pleading.

Section 2. Motion General Rule: Motions must be in writing. The photo shows of
must be in writing. Exemption: Those made in open court or in the writing which in this
– All motions shall course of hearing or trial. case, motions should be
be in writing generally in a written
except those made
form.
in open court or in
the course of a
hearing or trial.

A motion made in
open court or in the
course of a hearing
or trial should
immediately be
resolved in open
court, after the
adverse party is
given opportunity
to argue his or her
opposition thereto.

When a motion is
based on facts not
appearing on
record, the court
may hear the
matter on affidavits
or depositions
presented by the
respective parties,
but the court may
direct that the
matter be heard
wholly or partly on
oral testimony or
depositions.
Section 3. Contents: Relief, grounds of relief, supporting Contents are crucial in a
Contents. – A affidavits and other papers certain motion. Hence, it
motion shall state pays to be keen on the
the relief sought details to avoid missing
to be obtained out.
and the grounds
upon which it is
based, and if
required by these
Rules or
necessary to
prove facts
alleged therein,
shall be
accompanied by
supporting
affidavits and
other papers.

Section 4. (a) Non- Rule: Non-litigious motions shall be, without the Since non-litigious
litigious motions. – need for hearing, resolved within five (5) calendar motions can be acted
Motions which the days from receipt. upon immediately, the
court may act upon photo shows the swift
without response or action of the
prejudicing the
judge.
rights of adverse
parties are non-
litigious motions.
These motions
include:

a) Motion for
the
issuance of
an alias
summons;

b) Motion for
extension
to file
answer;

c) Motion for
postponem
ent;

d) Motion for
the
 issuance of
a writ of
execution;

e) Motion for
the
issuance of
an alias
writ of
execution;

f) Motion for
the
issuance of
a writ of
possession;

g) Motion for
the
issuance of
an order
directing
the sheriff
to execute
the final
certificate
of sale;
and,

h) Other
similar
motions.
These motions
shall not be set for
hearing and shall
be resolved by the
court within five
(5) calendar days
from receipt
thereof.
Section 5. Rule: Litigious motions shall be resolved within The sketch depicts a
Litigious motions – fifteen (15) calendar days from receipt of the court setting where the
(a) Litigious opposition paper or upon expiration of the period to defense lawyer is
motions include: file the opposition. presenting his case. It is
applicable in this section
1) Motion for as litigious motions
bill of
should provide the
particulars;
opposing counsel the
 opportunity to be heard.
2) Motion to
dismiss;

3) Motion for
new trial;

4) Motion for
reconsider
ation;

5) Motion for
execution
pending
appeal;

6) Motion to
amend
after a
responsive
pleading
has been
filed;

7) Motion to
cancel
statutory
lien;

8) Motion for
an order to
break in or
for a writ
of
demolition
;

9) Motion for
interventio
n;

10) Motion for

judgement
on the
pleadings;

11) Motion for

summary
judgement;
 12) Demurrer
to
evidence;

13) Motion to
declare
defendant
in default;
and,

14) Other
similar
motions.

(b) All motions

shall be served by
personal service
accredited private
courier or
registered mail, or
electronic means
so as to ensure
their receipt by the
other party.

(c) The opposing

party shall file his
or her opposition
to a litigious
motion within five
(5) calendar days
from receipt
thereof. No other
submissions shall
be considered by
the court in the
resolution of the
motion.

The motion shall

be resolved by the
court within fifteen
(15) calendar days
from its receipt of
the opposition
thereto, or upon
expiration of the
period to file such
opposition.
Section 6. Notice Rule: Hearing on litigious motion is discretionary
of hearing on upon the court. If such hearing is warranted, notice
litigious motions; of hearing shall be addressed to all parties
discretionary – concerned, and shall specify the time and date of the
The court may, in hearing.
the exercise of its
discretion, and if
deemed necessary
for its resolution,
call a hearing on
the motion. The
notice of hearing
shall be addressed
to all parties
concerned, and
shall specify the
time and date of
the hearing.
Section 7. Proof of Rule: Proof of service is required to resolve a The photo shows the
service necessary. written motion. presentation of proof to
– No written the jury. In relation to
motion shall be this Section, proof of
acted upon by the service is necessary
court without proof
before the court may act
of service thereof,
pursuant to Section on the motion.
5(b) hereof.

Section 6. Notice Rule: Hearing on litigious motion is discretionary

of hearing on upon the court. If such hearing is warranted, notice
litigious motions; of hearing shall be addressed to all parties
discretionary – concerned, and shall specify the time and date of the
The court may, in hearing.
the exercise of its
discretion, and if
deemed necessary
for its resolution,
call a hearing on
the motion. The
notice of hearing
shall be addressed
to all parties
concerned, and
shall specify the
time and date of
the hearing.
Section 7. Proof of Rule: Proof of service is required to resolve a The photo shows the
service necessary. written motion. presentation of proof to
– No written the jury. In relation to
motion shall be this Section, proof of
acted upon by the service is necessary
court without proof
before the court may act
of service thereof,
pursuant to Section on the motion.
5(b) hereof.

Section 8. Motion General Rule: hearing on a litigious motion shall be

day. – Except for on Friday.
motions requiring Exemption: when it requires immediate action
immediate action,
where the court
decides to conduct
hearing on a
litigious motion,
the same shall be
set on a Friday.
Section 9. Rule: All objections not included in the motion shall
Omnibus motion. – be deemed waived
subject to the
provisions of Sec.
1Rule 9, a motion
attacking a
pleading, order,
judgement, or
proceeding shall
include all
objections then
available, and all
objections not so
included shall be
deemed waived.
Section 10. Motion Rule: A motion for leave to file must be
for Leave. – A accompanied by the motion sought to be admitted
motion for leave to
file a pleading or
motion shall be
accompanied by
the pleading or
motion sought to
be admitted.
Section 11. Form. Form: caption, designation, signature and other
– the Rules matters of form.
applicable to
pleadings shall
apply to written
motions so far as
concerns caption,
designation,
signature and other
matters of form.
Section 12. Emphasis should be given to (a) and (f)
Prohibited
motions. – The
following
motions shall not
be allowed:

(a) Motion to
dismiss
except on
the
following
grounds:
1) That
the
court
has no
jurisdi
ction
over
the
subject
matter
of the
claim;
2) That
there is
anothe
r
action
pendin
g
betwee
n the
same
parties
for the
same
cause;
and,
3) That
the
 cause
of
action
is
barred
by a
prior
judge
ment
or by
the
statute
of
limitati
ons;
(b) Motion to
hear
affirmative
defenses;
(c) Motion for
reconsider
ation of the
court’s
action on
the
affirmative
defences;
(d) Motion to
suspend
proceeding
s without a
temporary
restraining
order or
injunction
issued by a
higher
court;
(e) Motion for
extension
of time to
file
pleadings,
affidavit or
any other
papers,
except a
motion for
extension
to file an
answer as
 provided
by Section
11, Rule
11; and,
(f) Motion for
postponem
ent
intended
for delay,
except if it
is based on
acts of
God, force
majeure or
physical
inability of
the witness
to appear
and testify.
If the
motion is
granted
based on
such
exceptions,
the moving
party shall
be warned
that the
presentatio
n of its
evidence
must still
be
terminated
on the
dates
previously
agreed
upon.

A motion for
postponement,
whether written
or oral, shall, at
all times, be
accompanied by
the original
official receipt
from the office of
the clerk of court
evidencing
payment of the
postponement fee
under Section
21(b), Rule 141,
to be submitted
either at the time
of the filing of
said motion or
not later than the
next hearing date.
The clerk of court
shall not accept
the motion unless
accompanied by
the original
receipt.
Section 13. Rule: once a motion is granted, the same shall bar
Dismissal the refilling of the same action or claim.
without
prejudice. –
Subject to the
right of appeal,
an order granting
a motion to
dismiss or an
affirmative
defense that the
cause of action is
barred by a prior
judgement or by
the statute of
limitations; that
the claim or
demand set forth
in the plaintiff’s
pleading has been
paid, waived,
abandoned or
otherwise
extinguished; or
that the claim on
which the action
is founded is
unenforceable
under the
provisions of the
statute of frauds,
shall bar the
refiling of the
same action or
claim.
Rule 16- Motion to Dismiss (Provision either deleted or transposed
Rule 17- Dismissal of Actions
Rule 18- Pre-Trial
Section 1. When Q: When will the branch clerk of court issue the The image shows that the
conducted. — notice of pre-trial? branch clerk of court
After the last A: The branch clerk of court shall issue, within five shall issue within 5
responsive (5) calendar days from filing, a notice of pre-trial calendar days from filing
pleading has been which shall be set not later than sixty (60) calendar a notice of pre-trial.
served and filed, days from the filing of the last responsive pleading.
the branch clerk
of court shall
issue, within five
(5) calendar days
from filing, a
notice of pre-trial
which shall be set
not later than
sixty (60)
calendar days
from the filing of
the last https://libertysd.org/home/CA49707976051833/images/Calendar_clip_art.jpg
https://imgbin.com/png/JAa4mRkh/clerk-receptionist-png

responsive
pleading
Section. 2. Q: Is pre-trial mandatory? The image shows that
Nature and A: Yes, pre-trial is mandatory and should be pre-trial is mandatory
Purpose. — The terminated promptly. and should be terminated
pre-trial is promptly.
mandatory and Q: What should the court consider in pre-trial?
should be A: The court should consider the following:
terminated a. The possibility of an amicable settlement or
promptly. The of a submission to alternative modes of
court shall dispute resolution
consider: (a) The b. The simplification of the issues
possibility of an c. The possibility of obtaining stipulations or
amicable admissions of facts and of documents to
settlement or of a avoid unnecessary proof
submission to d. The limitation of the number and
alternative modes identification of witnesses and the setting of
of dispute trial dates
resolution; e. The advisability of a preliminary reference
(b)The of issues to a commissioner
simplification of f. The propriety of rendering judgment on the
the issues; (c) pleadings, or summary judgment, or of
The possibility of dismissing the action should a valid ground
obtaining therefor be found to exist
stipulations or g. The requirement for the parties
admissions of h. Such other matters as may aid in the prompt
facts and of disposition of the action.
documents to
avoid Q: What is the effect of failure without just cause of
unnecessary a party and/or counsel to appear during pre-trial?
proof; (d)The A: The failure without just cause of a party and
limitation of the counsel to appear during pre-trial, despite notice,
number and shall result in a waiver of any objections to the
identification of faithfulness of the reproductions marked, or their
witnesses and the genuineness and due execution.
setting of trial
dates; (e) The Q: What is the effect of failure to bring evidence?
advisability of a A: The failure without just cause of a party and/or
preliminary counsel to bring the evidence required shall be
reference of deemed a waiver of the presentation of such
issues to a evidence.
commissioner; (f)
The propriety of
rendering
judgment on the
pleadings, or
summary
judgment, or of
dismissing the
action should a https://www.mandatory.com/assets/uploads/2019/11/mandatory.png

valid ground
therefor be found
to exist; (g)The
requirement for
the parties to: 1.
Mark their
respective
evidence if not
yet marked in the
judicial affidavits
of their
witnesses; 2.
Examine and
make
comparisons of
the adverse
parties' evidence
vis-avis the
copies to be
marked; 3.
Manifest for the
record
stipulations
regarding the
faithfulness of
the reproductions
and the
genuineness and
due execution of
the adverse
parties' evidence;
4. Reserve
evidence not
available at the
pre-trial, but only
in the following
manner: i. For
testimonial
evidence, by
giving the name
or position and
the nature of the
testimony of the
proposed witness;
ii. For
documentary
evidence and
other object
evidence, by
giving a
particular
description of the
evidence. No
reservation shall
be allowed if not
made in the
manner described
above.
(h)Such other
matters as may
aid in the prompt
disposition of the
action. The
failure without
just cause of a
party and counsel
to appear during
pre-trial, despite
notice, shall
result in a waiver
of any objections
to the faithfulness
of the
reproductions
marked, or their
genuineness and
due execution.
The failure
without just
cause of a party
and/or counsel to
bring the
evidence required
shall be deemed a
waiver of the
presentation of
such evidence.
The branch clerk
of court shall
prepare the
minutes of the
pre-trial, which
shall have the
following format:
(See prescribed
form) (2a)
Section. 3. Notice Q: What should be included in the notice of pre- The image shows that the
of pre-trial. — trial? notice of pre-trial shall
The notice of pre- A: The notice of pre-trial shall include the dates be served on counsel, or
trial shall include respectively set for: (a) Pre-trial; (b)Court-Annexed on the party if he or she
the dates Mediation; and (c)Judicial Dispute Resolution, if has no counsel.
respectively set necessary.
for: (a) Pre-trial;
(b)Court- Q: To whom shall the notice of pre-trial be served?
Annexed A: The notice of pre-trial shall be served on counsel,
Mediation; and or on the party if he or she has no counsel.
(c)Judicial
Dispute
Resolution, if
necessary. The
notice of pre-trial
shall be served on
counsel, or on the
party if he or she https://s3.amazonaws.com/lowres.cartoonstock.com/law-order-legal-summons-serving_papers-waiter-server-aban369_low.jpg

has no counsel.
The counsel
served with such
notice is charged
with the duty of
notifying the
party represented
by him or her.
Non-appearance
at any of the
foregoing settings
shall be deemed
as nonappearance
at the pre-trial
and shall merit
the same
sanctions under
Section 5 hereof.
(3a)
Section 4. Q: When non-appearance is excused The image shows the
Appearance of A: The non-appearance of a party and counsel may instances when non-
Parties. — It be excused only for acts of God, force majeure, or appearance is excused.
shall be the duty duly substantiated physical inability.
of the parties and
their counsel to
appear at the pre-
trial, court-
annexed
mediation, and
judicial dispute
resolution, if
necessary. The
non-appearance
of a party and
counsel may be
excused only for
acts of God, force
majeure, or duly
substantiated
physical inability.
A representative
may appear on
behalf of a party,
but must be fully
authorized in
writing to enter
into an amicable
settlement, to
submit to
alternative modes
of dispute
resolution, and to
enter into
stipulations or
admissions of
facts and
documents.
Section. 5. Effect Q: What is the effect of failure to appear of the The image shows
of failure to plaintiff?
appear. — When A: It shall cause the dismissal of the action. The
duly notified, the dismissal shall be with prejudice, unless otherwise
failure of the ordered by the court.
plaintiff and
counsel to appear Q: What is the effect of failure ot appear of the
without valid defendant?
cause when so A: A similar failure on the part of the defendant and
required, counsel shall be cause to allow the plaintiff to
pursuant to the present his or her evidence ex-parte within ten (10)
next preceding calendar days from termination of the pre-trial, and
Section, shall the court to render judgment on the basis of the
cause the evidence offered.
dismissal of the
action. The
dismissal shall be
with prejudice,
unless otherwise
ordered by the
court. A similar
failure on the part https://www.allprobailbond.com/wp-content/uploads/2018/11/Failure-to-Appear-in-Court.jpg

of the defendant
and counsel shall
be cause to allow
the plaintiff to
present his or her
evidence ex-parte
within ten (10)
calendar days
from termination
of the pre-trial,
and the court to
render judgment
on the basis of
the evidence
offered. (5a)
Section 6. Pre- Q: What is the effect of failure to file? The image shows that the
trial brief. — The A: Failure to file the pre-trial brief shall have the parties shall file with the
parties shall file same effect as failure to appear at the pre-trial. court and serve on the
with the court adverse party.
and serve on the
adverse party, in
such manner as
shall ensure their
receipt thereof at
least three (3)
calendar days
before the date of
the pre-trial, their
respective pre-
trial briefs which
shall contain,
among others: (a)
A concise
statement of the
case and the
reliefs prayed for;
(b)A summary of
admitted facts
and proposed
stipulation of
facts; (c) The
main factual and
legal issues to be
tried or resolved;
(d)The propriety
of referral of
factual issues to
commissioners;
(e) The
documents or
other object
evidence to be
marked, stating
the purpose
thereof; (f) The
names of the
witnesses, and
the summary of
their respective
testimonies; and
(g)A brief
statement of
points of law and
citation of
authorities.
Failure to file the
pre-trial brief
shall have the
same effect as
failure to appear
at the pre-trial.
(8)
Section 7. Pre- Q: What are the contents of pre-trial order? The image shows the
Trial Order. — A: The order shall include: contents of a pre-trial
Upon termination a. An enumeration of the admitted facts order.
of the pre-trial, b. The minutes of the pre-trial conference
the court shall c. The legal and factual issue/s to be tried
issue an order d. The applicable law, rules, and jurisprudence
within ten (10) e. The evidence marked
calendar days f. The specific trial dates for continuous trial,
which shall recite which shall be within the period provided by
in detail the the Rules
matters taken up. g. The case flowchart to be determined by the
The order shall court, which shall contain the different
include: stages of the proceedings up to the
(a) An promulgation of the decision and the use of
enumeration of time frames for each stage in setting the trial
the admitted dates
facts; (b)The h. A statement that the one-day examination of
minutes of the witness rule and most important witness rule
pre-trial under A.M. No. 03-1-09-SC shall be strictly
conference; (c) followed
The legal and i. A statement that the court shall render
factual issue/s to judgment on the pleadings or summary
be tried; (d)The judgment, as the case may be.
applicable law,
rules, and
jurisprudence; (e)
The evidence
marked; (f) The
specific trial
dates for
continuous trial,
which shall be
within the period
provided by the
Rules; (g)The
case flowchart to
be determined by
the court, which
shall contain the
different stages
of the
proceedings up to
the promulgation
of the decision
and the use of
time frames for
each stage in
setting the trial
dates; (h)A
statement that the
one-day
examination of
witness rule and
most important
witness rule
under A.M. No.
03-1-09-SC
(Guidelines for
Pre-Trial) shall
be strictly
followed; and (i)
A statement that
the court shall
render judgment
on the pleadings
or summary
judgment, as the
case may be.
The direct
testimony of
witnesses for the
plaintiff shall be
in the form of
judicial
affidavits. After
the identification
of such affidavits,
cross-
examination shall
proceed
immediately.
Postponement of
presentation of
the parties’
witnesses at a
scheduled date is
prohibited,
except if it is
based on acts of
God, force
majeure or duly
substantiated
physical inability
of the witness to
appear and
testify. The party
who caused the
postponement is
warned that the
presentation of its
evidence must
still be
terminated within
the remaining
dates previously
agreed upon.
Should the
opposing party
fail to appear
without valid
cause stated in
the next
preceding
paragraph, the
presentation of
the scheduled
witness will
proceed with the
absent party
being deemed to
have waived the
right to interpose
objection and
conduct cross-
examination. The
contents of the
pre-trial order
shall control the
subsequent
proceedings,
unless modified
before trial to
prevent manifest
injustice. (7a)
Section 8. Court- Q: What should the court do after pre-trial and after The image shows that the
Annexed issues are joined? court shall refer the
Mediation. — A: The court shall refer the parties for mandatory parties for mandatory
After pre-trial court-annexed mediation. court-annexed mediation.
and, after issues
are joined, the
court shall refer
the parties for
mandatory court-
annexed
mediation. The https://images.slideplayer.com/42/11387554/slides/slide_2.jpg

period for court-

annexed
mediation shall
not exceed thirty
(30) calendar
days without
further extension.
(n)
Section 9. Q: What would happen if the judge to which the The image shows that if
Judicial Dispute case was originally raffled is convinced that the judge is still
Resolution. — settlement is possible? convinced that settlement
Only if the judge A: The the case may be referred to another court for is still possible, the case
of the court to judicial dispute resolution. may be referred to
which the case another court for judicial
was originally Q: What would happen if the judicial dispute dispute resolution.
raffled is resolution fails?
convinced that A: The trial before the original court shall proceed
settlement is still on the dates agreed upon.
possible, the case
may be referred
to another court
for judicial
dispute
resolution. The
judicial dispute
resolution shall
be conducted
within a non-
extendible period
of fifteen (15)
calendar days
from notice of
failure of the
court-annexed
mediation. If
judicial dispute
resolution fails,
trial before the
original court
shall proceed on
the dates agreed
upon. All
proceedings
during the court-
annexed
mediation and the
judicial dispute
resolution shall
be confidential.
(n)
Section. 10. Q: When will the court include in the pre-trial order The image shows that the
Judgment after that the case be submitted for summary judgment or court shall, without
pre-trial. — judgment on the pleadings, without need of position prejudice to a party
Should there be papers or memoranda? moving for judgment on
no more A: When no more controverted facts, or no more the pleadings under Rule
controverted genuine issue as to any material fact, or an absence 34 or summary judgment
facts, or no more of any issue, or should the answer fail to tender an under Rule 35 motu
genuine issue as issue, the court shall, without prejudice to a party proprio include in the
to any material moving for judgment on the pleadings under Rule pre-trial order that the
fact, or an 34 or summary judgment under Rule 35 motu case be submitted for
absence of any proprio include in the pre-trial order that the case be summary judgment or
issue, or should submitted for summary judgment or judgment on judgment on the
the answer fail to the pleadings, without need of position papers or pleadings, without need
tender an issue, memoranda. of position papers or
the court shall, memoranda When no
without prejudice more controverted facts,
to a party moving or no more genuine issue
for judgment on as to any material fact, or
the pleadings an absence of any issue,
under Rule 34 or or should the answer fail
summary to tender an issue.
judgment under
Rule 35, motu
proprio include in
the pre-trial order
that the case be
submitted for
summary
judgment or
judgment on the
pleadings,
without need of
position papers or
memoranda. In
such cases,
judgment shall be
rendered within
ninety (90)
calendar days
from termination
of the pre-trial.
The order of the
court to submit
the case for
judgment
pursuant to this
Rule shall not be
the subject to
appeal or
certiorari. (n)
Rule 19- Intervention
Section 1. Who may The image shows that
intervene. — A Your Honor, I am also the person, a third part
person who has a
legal interest in the
a lessee on the
property in dispute.
to the case, “motions” to
matter in litigation, the court that he
or in the success of intervenes with the case
either of the parties, on the ground that he
or an interest against
both, or is so
has legal interest over
situated as to be the subject property.
adversely affected by
a distribution or
other disposition of
property in the
custody of the court
or of an officer
thereof may, with
leave of court, be
allowed to intervene
in the action. The
court shall consider
whether or not the
intervention will
unduly delay or
prejudice the
adjudication of the
rights of the original
parties, and whether
or not the
intervenor's rights
may be fully
protected in a
separate proceeding.
(2[a], [b]a, R12)

Section 2. Time to
intervene. — The
motion to intervene
may be filed at any
time before rendition
of judgment by the
trial court. A copy of
the pleading-in-
intervention shall be
attached to the
motion and served
on the original
parties. (n)

Section
3. Pleadings-in-
intervention. — The
intervenor shall file a
complaint-in-
intervention if he
asserts a claim
against either or all
of the original
parties, or an
answer-in-
intervention if he
unites with the
defending party in
resisting a claim
against the latter.
(2[c]a, R12)

Section 4. Answer
to complaint-in-
intervention. — The
answer to the
complaint-in-
intervention shall be
filed within fifteen
(15) days from notice
of the order
admitting the same,
unless a different
period is fixed by the
court. (2[d]a, R12)

Rule 20-Calendar of Cases

Section
1. Calendar of
cases. — The The image shows that
clerk of court, cases are being raffled in
under the direct an open session and
supervision of the cases are calendared by
judge, shall keep the Clerk of Court with
a calendar of priority given on certain
cases for pre-trial, cases as required by law.
for trial, those
whose trials were
adjourned or
postponed, and
those with
motions to set for
hearing.
Preference shall
be given
to habeas
corpus cases,
election cases,
special civil
actions, and those
so required by
law.

Section
2. Assignment of
cases. — The
assignment of
cases to the
different branches
of a court shall be
done exclusively
by raffle. The
assignment shall
be done in open
session of which
adequate notice
shall be given so
as to afford
interested parties
the opportunity to
be present.

Rule 21- Subpoena

Rule 22- Computation of Time
Rule 23- Depositions of Pending Action
Section 1. What is a deposition? The first image shows that
Depositions pending - Deposition is a method of pre-trial discovery which consists depositions may be taken
action, when may be in taking the testimony of a person under oath upon oral upon oral examination (oral
taken. — Upon ex examination (oral deposition) or upon written interrogatories. deposition) or upon written
parte motion of a interrogatories.
party, the testimony What are the kinds of depositions?
of any person, - Depositions may either be taken upon oral examination, in
whether a party or which case it is also known as an oral deposition or it may be
not, may be taken by taken upon written interrogatories.
deposition upon oral - Depositions pending actions are those taken during the
examination or pendency of a case before the court a quo.
written - Depositions may be taken even before the filing of an action
interrogatories. The or during the pendency of an appeal.
attendance of
witnesses may be
compelled by the use
of a subpoena as
provided in Rule 21.
Depositions shall be
taken only in
accordance with
these Rules. The
deposition of a
person confined in
prison may be taken
only by leave of court When may a deposition be taken?
on such terms as the - Upon ex parte motion of a party, the testimony of any
court prescribes. (1a) persons, whether a party or not, may be taken, at the
instance of any party, be deposition upon oral examination or
written interrogatories.
- Depositions shall be taken only in accordance with these
Rules.
- The deposition of a person confined in prison may be taken
only by leave of court on such terms as the court describes.
 The second image shows that
upon ex-parte motion of a
party, the testimony of any
person, whether a party or not
may be taken.
Section 2. Scope of The image shows that the
examination. — deponent may be examined on
Unless otherwise any matter relevant to the
ordered by the court subject of the case including
as provided by existence, description, nature,
Section 16 or 18 of custody, condition, and
this Rule, the location of any books,
deponent may be documents, or other tangible
examined regarding things and the identity and
any matter, not location of persons having
privileged, which is knowledge of relevant facts.
relevant to the
subject of the
pending action,
whether relating to
the claim or defense
of any other party,
including the
existence,
description, nature,
custody, condition,
and location of any
books, documents, or
other tangible things
and the identity and
location of persons
having knowledge of
relevant facts. (2)
Section 3. May deponents be cross-examined? Image shows that deponents
Examination and - Yes. Examination and cross-examination of deponents may may be examined and cross-
cross-examination. proceed as permitted at the trial. examined as permitted at the
— Examination and trial.
cross- examination of
deponents may
proceed as permitted
at the trial under
Sections 3 to 18 of
Rule 132. (3)

Section 4. Use of In what proceedings may depositions be used?

depositions. — At the
trial or upon the - At the trial or upon hearing of a motion or an interlocutory
hearing of a motion proceeding.
or an interlocutory
proceeding, any part Against whom may a deposition be used?
or all of a deposition, - Against any party who was present or represented at the
so far as admissible taking of the deposition or who had due notice thereof.
under the rules of
evidence, may be The rules under Section 4 are summarized in this matrix:
used against any
party who was
present or
represented at the
taking of the
deposition or who
had due notice
thereof, in
accordance with any
one of the following
provisions:

. (a)  Any
deposition
may be
used by any
party for the
purpose of
contradictin
g or
impeaching
the
testimony of
the
deponent as
a witness;

. (b)  The
deposition
of a party or
of any one
who at the
time of
taking the
deposition
was an
officer,
director, or
managing
agent of a
public or
private
corporation,
partnership,
or
association
which is a
party may
be used by
an adverse
party for any
purpose;

(c)  The
deposition
of a witness,
whether or
not a party,
may be
used by any
party for any
purpose if
the court
finds: (1)
that the
witness is
dead; or (2)
that the
witness
resides at a
distance
more than
one
hundred
(100)
kilometers
from the
place of trial
or hearing,
or is out of
the
Philippines,
unless it
appears that
his or her
absence
was
procured by
the party
offering the
deposition;
or (3) that
the witness
is unable to
attend or
testify
because of
age,
sickness,
infirmity, or
imprisonme
nt; or (4)
that the
party
offering the
deposition
has been
unable to
procure the
attendance
of the
witness by
subpoena;
or (5) upon
application
and notice,
that such
exceptional
circumstanc
 es exist as
to make it
desirable, in
the interest
of justice
and with
due regard
to the
importance
of
presenting
the
testimony of
witnesses
orally in
open court,
to allow the
deposition
to be used;
and

(d) If only
part of a
deposition is
offered in
evidence by
a party, the
adverse
party may
require him
or her to
introduce all
of it which is
relevant to
the part
introduced,
and any
party may
introduce
any other
parts. (4a)

Section 5. Effect of When an action has been dismissed and another and another
substitution of action involving the same subject is afterward brought between
parties. — the same parties or their representative or successors in
Substitution of interest, all depositions lawfully taken and duly filed in the
parties does not former action may be used in the latter as if originally taken
affect the right to use therefor.
depositions
previously taken;
and, when an action
has been dismissed
and another action
involving the same
subject is afterward
brought between the
same parties or their
representatives or
successors in
interest, all
depositions lawfully
taken and duly filed
in the former action
may be used in the
latter as if originally
taken therefor. (5)
Section 6. The image shows that
Objections to objections may be made at the
admissibility. — trial or hearing to receiving in
Subject to the evidence any deposition or
provisions of Section part thereof for any reason
29 of this Rule, which would require the
objections may be exclusion of the evidence if the
made at the trial or witness were then present and
hearing to receiving testifying.
in evidence any
deposition or part
thereof for any
reason which would
require the exclusion
of the evidence if the
witness were then
present and
testifying. (6)
Section 7. Effect of Is a party deemed to have made a person his own witness
taking depositions. — by taking his deposition?
A party shall not be
deemed to make a No. A party shall not be deemed to make a person his own witness
person his or her for any purpose by taking his deposition. This is why under Section
own witness for any 4, Rule 23 any deposition may be used by any party for the purpose
purpose by taking his of contradicting or impeaching the testimony of the deponent as a
or her deposition. witness.
(7a)
Section 8. Effect of What is the effect of using depositions?
using depositions. —
The introduction in - The introduction in evidence of the deposition or any part
evidence of the thereof makes the deponent the witness of the party
deposition or any introducing the deposition. Hence the party may not impeach
part thereof for any the deponent.
purpose other than - Except:
that of contradicting 1. When the deposition is introduced in evidence
or impeaching the precisely for the purpose of contradicting or impeaching the
deponent makes the testimony of deponent as a witness; and
deponent the witness The use by a party of the deposition of an adverse party or of an
of the party officer, director, or managing agent of a corporation, partnership or
introducing the association which is an adverse party.
deposition, but this
shall not apply to the
use by an adverse
party of a deposition
as described in
paragraph (b) of
Section 4 of this
Rule. (8)
Section 9. Rebutting Image shows that during trial,
deposition. — At the any party may rebut any
trial or hearing, any relevant evidece contained in
party may rebut any a deposition whether
relevant evidence introduced by him or her or by
contained in a any other party.
deposition whether
introduced by him or
her or by any other
party. (9a)

Section 10. Persons Before whom may a deposition be taken in the

before whom Philippines?
depositions may be
taken within the 1. A judge
Philippines. — Within 2. A notary public
the Philippines, A person authorized to administer oaths if the parties so stipulate in
depositions may be writing.
taken before any
judge, notary public,
or the person
referred to in Section
14 hereof. (10)

Section 11. Persons Before whom may a deposition be taken in foreign

before whom countries?
depositions may be
taken in foreign 1. On notice before a secretary of embassy or legation,
countries. — In a consul general, consul, vice-consul, or consular agent of
foreign state or the Republic of the Philippines.
country, depositions
may be taken (a) on 2. Before such person or officer as may be appointed by
notice before a commission or under letters rogatory.
secretary of embassy
or legation, consul 1. A person authorized to administer oaths if the parties so
general, consul, vice- stipulate in writing.
consul, or consular
agent of the Republic
of the Philippines; (b)
before such person
or officer as may be
appointed by
commission or under
letters rogatory; or (c)
the person referred
to in Section 14
hereof. (11)
Section 12. Distinguished a commission from a letters of rogatory.
Commission or
letters rogatory. — A - Letters rogatory and commission are both devices for taking
commission or letters the deposition of a person in a foreign state or country. A
rogatory shall be commission is an instrument issued by a court or tribunal
issued only when directed to a magistrate or an individual authorizing him to
necessary or take take the depositions of the witnesses named therein,
convenient, on while a letter rogatory is a request to a foreign court to give
application and its aid, backed by its power, to secure desired information.
notice, and on such Commissions are taken in accordance with the rules laid down by the
terms and with such court issuing the commission, while in letters rogatory, the methods
direction as are just of procedure are under the control of the foreign tribunal.
and appropriate.
Officers may be
designated in notices
or commissions
either by name or
descriptive title and
letters rogatory may
be addressed to the
appropriate judicial
authority in the
foreign country. (12)
Section 13. Who are disqualified by interest to be deponents?
Disqualification by
interest. — No 1. A person who is a relative within the sixth degree of
deposition shall be consanguinity or affinity.
taken before a
person who is a 2. Employee or counsel of any of the parties.
relative within the
sixth degree of 3. A relative within the same degree.
consanguinity or
affinity, or employee
or counsel of any of 4. Employee of such counsel;
the parties; or who is
a relative within the One who is financially interested in the action.
same degree, or
employee of such
counsel; or who is
financially interested
in the action. (13)

Section 14. Image shows that the parties

Stipulations may stipulate in writing on who
regarding taking of may be authorized to
depositions. — If the administer the oath.
parties so stipulate in
writing, depositions
may be taken before
any person
authorized to
administer oaths, at
any time or place, in
accordance with
these Rules, and
when so taken may
be used like other
depositions. (14)
Section 15. Is notice required before a party can take the deposition of any
Deposition upon oral person upon oral examination?
examination; notice;
time and place. — A - Yes. Such party shall give reasonable notice in writing to
party desiring to take every other party to the action.
the deposition of any
person upon oral What shall be stated in the notice?
examination shall
give reasonable The time and place for teaking the deposition and the name and
notice in writing to address of each person to be examined, if known, and if the name is
every other party to
not known, a general description sufficient to identify him or her or
the action. The notice
the particular class or group to which he or she belongs.
shall state the time
and place for taking
the deposition and
the name and
address of each
person to be
examined, if known,
and if the name is not
known, a general
description sufficient
to identify him or her
or the particular class
or group to which he
or she belongs. On
motion of any party
upon whom the
notice is served, the
court may for cause
shown enlarge or
shorten the time.
(15a)
Rule 24- Depositions Before Action or Pending Appeal