.

Motions

H.1. Motions in general

H.1.a. Definition of a motion
- A motion is an application for relief other than by a pleading.
- A motion may be final or interlocutory. There are also motions which pray for a judgment on the merits.
- A motion seeks relief but it is not a pleading.

H.1.b. Motions versus pleadings

Motions are used to seek reliefs other than those subject of pleadings, however some of the rules applicable to pleadings also
apply to motions.

H.1.c. Contents and form of motions

Motions are to contain the following (Rule 15, Sec 3)
1. Statement of relief sought;
2. Grounds upon which the motion is based; and
3. Supporting affidavits and other papers, when so mandated by the Rules or when necessary to prove facts stated in
the motion
Form of Motions
General Rule: All motions shall be in writing.
Exception: Motions made in open court or in the course of a hearing or trial.

The rules that apply to pleadings shall also apply to written motions with respect to caption, designation, signature, and other
matters of form.

VYE: What motions should be verified?

General Rule: When the rules so require. Example:
● Motion to set aside order of default

H.1.d. Notice of hearing and hearing of motions

General Rule: Every written motion shall be set for hearing by the applicant, which hearing shall not be later than 10 days after
the filing of the motion.
Exception: Motions which the court may act upon without prejudicing the rights of the adverse party need not be set for
hearing. (Rule 15, Sec. 4)

Notice (Rule 15, Secs. 4 and 5):

1. Notice of hearing on motions required to be heard shall be served in such a manner as to ensure its receipt by the
other party at least 3 days before the date of hearing, unless the court for good cause sets the hearing on shorter
notice.
2. Said notice shall be addressed to all the parties concerned and specify the time and date of the hearing.
3. Except for motions requiring immediate attention, all hearing of motions shall be scheduled on Friday afternoons, or
if Friday is a non-working holiday, in the afternoon of the next working day. (Rule 15, Sec. 6)

H.1.e. Omnibus motion rule

Concept: A procedural principle which requires that every motion that attacks a pleading, judgment, order or proceeding shall
include all grounds then available, and all objections not so included shall be deemed waived. (Rule 15, Sec. 8)

This rule is subject to Rule 9, Sec. 1 (as exception), which contain objections not deemed waived even if not included in the
motion:
1. lack of jurisdiction over the subject matter;
2. litis pendencia;
3. res judicata;
4. prescription.
Example — In a case filed with the RTC, the defendant filed a motion to dismiss invoking the following as objections: (a) the
complaint’s failure to state a cause of action, (b) lack of jurisdiction over the person of the defendant, and (c) that the contract
violates the statute of frauds. Two objections available at the time the motion is filed, namely, improper venue and prescription
were not included in the motion. The motion to dismiss was denied. May the defendant in his answer, filed after the denial of his
motion to dismiss, invoke the affirmative defenses of improper venue and prescription?
Answer:Improper venue is deemed waived. It was available as a defense at the time the motion was filed and should have been
invoked. Failure to so include the same in the motion is to be construed as waiver of the objection. Prescription, on the other
hand, is not waived and can still be interposed as an affirmative defense in the answer.

NOTE — The ‘Omnibus Motion rule’ applies only when a motion is filed.
- Such that If no “motion to dismiss” is filed, any of the grounds for dismissal under Rule 16 may be pleaded as an
affirmative defense in the answer and in the discretion of the court, a preliminary hearing may be had thereon as if
motion to dismiss had been filed.
- No defense is waived in this case because no motion to dismiss was filed.
- There is indeed an unmistakable difference in the legal effects between filing and not filing a motion to dismiss in
relation to the waiver of defenses.

H.1.f. Litigated and ex parte motions

Litigated motions are those which require a hearing as without such, the rights of the adverse parties will be prejudiced.
- General rule is that every written motion is deemed a litigated motion.
- Examples: Motion to Dismiss, Motion for Summary Judgment, Motion for Reconsideration, Motion to set aside order of
default, preliminary injunction, temporary restraining order (with exceptions)

Ex parte motions are those that do not require said hearings because the court may act upon them without prejudicing the
adverse parties‘ rights.
- frequently permissible in procedural matters, and also in situations and under circumstances of emergency; and an
exception to a rule requiring notice is sometimes made where notice or the resulting delay might tend to defeat the
objective of the motion.
- Example: motion filed by the plaintiff pursuant to Sec. 1 of Rule 18 in which he moves promptly that the case be set for
pre-trial, motion for extension of time, preliminary attachment

NOTE
- It is the court who will conclude whether a motion is a litigious one or not, so just put a notice of hearing on ALL
motions.
- As long as in the trial court (either original or appellate capacity), you need a notice of hearing BUT — No notice of
hearing in appellate courts, See Rule 49 and Rule 56
- The other party is not present

H.1.g. Pro-forma motions

A motion which does not meet the requirements of Rule 15, Secs. 4 and 5 on hearing and notice of hearing is a worthless piece
of paper. Failure of movants to comply with these requirements is fatal to their motions. (Vette Industrial Sales Co., Inc. v.
Cheng)

A motion which does not comply with the rules on motion is considered pro forma and thus, will be treated as one filed merely
to delay the proceedings. (Marikina Development Corporation v. Flojo)

VYE: When is a motion pro-forma?

● Filed without proof of service
● Filed a prohibited motion

RULE 15 MOTIONS
NOTE: Amended portions are underlined (added to the RoC)

Section 1. Motion defined. – A motion is an application for relief

other than by a pleading. (1)
Section 2. Motions must be in writing. — All motions shall be in
writing except those made 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 the 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. (2a)

Section 3. Contents. – A motion shall state the relief sought to be

obtained 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. (3)

[Section 4. Hearing of motion. — Deleted]

Section 4. Non-litigious motions. — Motions which the court may

act upon without prejudicing the 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 postponement;
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. (n)

Section 5. Litigious motions. — (a) Litigious motions include:

1) Motion for bill of particulars;

2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
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 intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
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. (n)

Section. 6. Notice of hearing on litigious motions; discretionary. —

The court may, in 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. (5a)

Section 7. Proof of service necessary. — No written motion shall be

acted upon by the court without proof of service thereof, pursuant to
Section 5(b) hereof. (6a)

Section 8. Motion day. — Except for motions requiring immediate

action, where the court decides to conduct hearing on a litigious
motion, the same shall be set on a Friday. (7a)

Section 9. Omnibus motion. — Subject to the provisions of Section

1 of Rule 9, a motion attacking a pleading, order, judgment, or
proceeding shall include all objections then available, and all
objections not so included shall be deemed waived. (8a)

Section 10. Motion for leave. — A motion for leave to file a pleading
or motion shall be accompanied by the pleading or motion sought
to be admitted. (9)

Section 11. Form. — The Rules applicable to pleadings shall apply to

written motions so far as concerns caption, designation, signature,
and other matters of form. (10)

Section. 12. Prohibited motions. — The following motions shall not

be allowed:

(a) Motion to dismiss except on the following grounds:

1) That the court has no jurisdiction over the subject matter of the
claim;
2) That there is another action pending between the same parties
for the same cause; and
3) That the cause of action is barred by a prior judgment or by the
statute of limitations;

(b) Motion to hear affirmative defenses;

(c) Motion for reconsideration of the court’s action on the

affirmative defenses;

(d) Motion to suspend proceedings without a temporary restraining

order or injunction issued by a higher court;

(e) Motion for extension of time to file pleadings, affidavits or any

other papers, except a motion for extension to file an answer as
provided by Section 11, Rule 11; and

(f) Motion for postponement 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 presentation
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. (n)

Section. 13. Dismissal with 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 judgment 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. (5, R16)

VYE:
● Ex parte proceedings - no participation of other party
● Ex parte motion - no notice to the other party.

[197] De los Reyes v. Ramnani (2010)

FACTS: Generally, all written motions should be set for hearing

under Section 4 of Rule 15. However, hearing is not required for non-
litigious motions, which are those that may be acted upon by the
court without prejudicing the rights of the adverse party. The motion
issuance of a final certificate of sale, which is a mere formality, is an
example of a non-litigious motion.

DOCTRINE: Ramnani obtained a judgment against delos Reyes in a

civil case before the RTC in 1977. A writ of execution was issued,
and real property belonging to the latter was sold in an auction sale
conducted by the sheriff in 1978. Ramnani was the highest bidder,
and delos Reyes never redeemed the property. In 2004, Ramnani
moved for the issuance of an order directing the sheriff to execute a
final certificate of sale in her favor. Delos Reyes opposed, arguing
that the motion was not accompanied by a notice of hearing, and
that the decision can no longer be executed as it had already
prescribed. The Court ruled for Ramnani. The subject motion is a
non-litigious motion, and a hearing need not be conducted since
Ramnani is already entitled to the issuance of the final certificate of
sale as a matter of right. Furthermore, the judgment had already
been executed well within the prescriptive period, and the issuance
of the final certificate of sale is merely a formality.

VYE: Is the ruling in De los Reyes still applicable with the present rules?
● YES but furnish a copy to the other party

[198] Ramos v. Teves (2012)

FACTS:
Atty. Ramos filed a complaint for money in his clients’ behalf before
the MTCC of Cebu City in which complaint he sought the ex parte
issuance of a writ of preliminary attachment. Since the MTCC
already served summons on the defendant but did not yet act on his
ex parte request for preliminary attachment, Atty. Ramos went to
Branch 4 to personally file an urgent ex parte motion to resolve the
pending incident. But respondent Reynaldo S. Teves, the branch
clerk of court, refused to receive the motion for the reason that it
did not bear proof of service on the defendant.
Atty. Ramos explained that ex parte motions did not require such
service. An argument ensued between Atty. Ramos and Teves,
prompting the presiding judge who heard it to intervene and direct
the clerk in charge of civil cases to receive the ex parte motion. Atty.
Ramos charged Teves before the Office of the Court Administrator
(OCA) with arrogance and discourtesy in refusing to receive his
motion. Teves claimed that he was neither arrogant nor
discourteous and that his argument with Atty. Ramos had been
cordial and professional. Teves added that while the clerk of court
has the ministerial duty to receive pleadings, he is not precluded
from requiring the complainant to furnish the adverse party with a
copy especially his litigious motion as prescribed under Rules 13
and 15.

The Court referred the case to Cebu City MTCC. It found Teves
arrogant, discourteous, and rude in refusing to receive the motion
and recommended the imposition of one month and one day
suspension on him with a warning of a stiffer penalty in case of
repetition of similar acts.

DOCTRINE: Atty. Ramos filed a complaint for money in his clients’

behalf before the MTCC of Cebu City in which complaint he sought
the ex parte issuance of a writ of preliminary attachment. Since the
MTCC already served summons on the defendant but did not yet act
on his ex parte request for preliminary attachment, Atty. Ramos
went to Branch 4 to personally file an urgent ex parte motion to
resolve the pending incident. But respondent Reynaldo S. Teves, the
branch clerk of court, refused to receive the motion for the reason
that it did not bear proof of service on the defendant.
Atty. Ramos explained that ex parte motions did not require such
service. An argument ensued between Atty. Ramos and Teves,
prompting the presiding judge who heard it to intervene and direct
the clerk in charge of civil cases to receive the ex parte motion. Atty.
Ramos charged Teves before the Office of the Court Administrator
(OCA) with arrogance and discourtesy in refusing to receive his
motion. Teves claimed that he was neither arrogant nor
discourteous and that his argument with Atty. Ramos had been
cordial and professional. Teves added that while the clerk of court
has the ministerial duty to receive pleadings, he is not precluded
from requiring the complainant to furnish the adverse party with a
copy especially his litigious motion as prescribed under Rules 13
and 15.

The Court referred the case to Cebu City MTCC. It found Teves
arrogant, discourteous, and rude in refusing to receive the motion
and recommended the imposition of one month and one day
suspension on him with a warning of a stiffer penalty in case of
repetition of similar acts.

[199] Pojas v. Gozo-Dadole

FACTS: Pojas’ lost in a case for recovery of possession. His MR

was denied for failure to mention the day the motion is to be
resolved, which was considered violative of Section 5, Rule 15 of the
New Rules of Court and therefore, a mere scrap of paper. His
second motion for reconsideration dated April 25, 1986 was denied
in respondent judge's order of June 20, 1986 for lack of merit. After
receipt of the June 20 order, on July 1, 1986 filed a Notice of Appeal
but the same was denied in an order dated July 15, 1986, for being
filed out of time on the ground that the motion for reconsideration
which the Court ruled as pro-forma did not stop the running of the
15-day period to appeal. The Court held that Judge Gozo-Dalole was
right when she denied the motion.

DOCTRINE: Section 5 of Rule 15 provides that the notice shall be

directed to the parties concerned, and shall state the time and place
for the hearing of the motion. A motion which does not meet the
requirements of Sections 4 and 5 of Rule 15 of the Rules of Court is
considered a worthless piece of paper which the clerk has no right
 to receive and the court has no authority to act upon.

VYE: In Ramos, duty of clerk of court to receive is ministerial. In Pojas, clerk has no right to receive motion which does not
satisfy the requirements.

VYE: Is receiving a copy of the motion ministerial on the part of the clerk of court?
● YES, because the clerk simply receives it and the judge can choose not to act on the motion if there is no proof of
service.

[200] Victory Liner Inc. v. Malinias (2007)

FACTS: There was a collision between the parties and the

Respondent sought damages from the Petitioner. Petitioner’s
counsel withdrew, and no one made an appearance for the
Petitioner during the presentation of evidence. Petitioner was
declared in default, and later a ruling in favor of Respondent was
rendered. Petitioner filed a Motion for Reconsideration, attaching to
it a Notice of Hearing which did not specify a specific schedule for
the hearing (only that it be at the convenience of the court and the
parties). Because of the defective Notice of Hearing, the MR was
deemed not filed. The period for appeal was not tolled, and the MTC
decision became final and executory.

DOCTRINE: The Notice of Hearing shall specify the time and date
of the hearing which must not be later than ten (10) days after the
filing of the motion.

[201] Zosa v. Consilium (2018)

FACTS: The Zosas filed a complaint for declaration of nullity of

deed of sale against the Paypas. During the pendency of the case,
Consillum intervened on the ground that it was a purchaser in good
faith. RTC ruled in favor of the Zosas, hence an appeal by
Consillium. On the other hand, the Zosas opposed the appeal on the
ground that it was filed out of time (due to late payment of docket
fee). The appeal was denied by the RTC but such denial was
reversed by the CA, holding that liberal application of the Rules was
warranted in this case. SC reversed CA ruling, holding that
Consilium failed to pay docket fees on time and that the notice of
hearing was defective.

DOCTRINE: On liberal construction

Fundamental is the rule that the provisions of the law and the rules

concerning the manner and period of appeal are mandatory and

jurisdictional requirements; hence, cannot simply be discounted

under the guise of liberal construction. But even if we were to apply

liberality as prayed for, it is not a magic word that once invoked will

automatically be considered as a mitigating circumstance in favor

of the party invoking it. There should be an effort on the part of the

party invoking liberality to advance a reasonable or meritorious

explanation for his/her failure to comply with the rules.

On payment of docket fees:

 The Court has consistently upheld the dismissal of an appeal or
notice of appeal for failure to pay the full docket fees within the
period for taking the appeal. Time and again, this Court has
consistently held that the payment of docket fees within the
prescribed period is mandatory for the perfection of an appeal.
Without such payment, the appellate court does not acquire
jurisdiction over the subject matter of the action and the decision
sought to be appealed from becomes final and executory.

H.2. Motions for bill of particulars

H.2.a. Purpose and when applied for
Purpose: seek an order from the court directing the pleader to submit a bill of particulars which avers matters “with sufficient
definiteness or particularity” to enable the movant to property prepare his responsible pleading.

Motion is to be filed before responding to a pleading.

It is not to enable the movant to prepare for trial, because in such a case, the proper remedy is to avail of the discovery
procedures under Rules 23 to 29, and also of mandatory pre-trial under Rule 18.

Aside from the requirements for motions under Rule 15, a motion for bill of particulars shall point out the (a) defects
complained of; (b) the paragraphs in which they are contained; and (c) the details desired.

However in criminal cases, the purposes of a motion for bill of particulars are to enable the movant to properly plead AND to
prepare for trial.

What pleadings can be the subject of a motion for bill of particulars? Rules say, “Before responding to a pleading, a party may
move for a definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or
particularity to enable him properly to prepare his responsive pleading. Thus, the following pleadings are covered:
(a) Complaint, the Answer being the responsive pleading;
(b) Answer, the Reply being the responsive pleading;
(c) Counter-claim or cross-claim, the answer thereto being the responsive pleading;
(d) Third-Party Complaint, the answer thereto being the responsive pleading; and
(e) Reply, but no responsive pleading is permitted by the Rules.

The Rules further state, “if the pleading is a reply, the motion must be filed within ten (10) days from service thereof.” Herrera
said, if the pleading is a reply, this is just like saying if no responsive pleading is permitted by the Rules. The former Rule reads,
“Before responding to a pleading or, if no responsive pleading is permitted by these rules …”

Period to file responsive pleading in case of amendment pursuant to an order granting bill of particulars
Problem: Defendant filed a motion for bill of particulars, which the trial court granted. Thus, plaintiff was directed to comply
with the order. Under Rule 12, Sec. 3, if the motion is granted, compliance must be effected within 10 days from notice of the
order. The plaintiff in this case has the option to file a separate pleading or an amended pleading, serving a copy thereof on the
adverse party. What if the plaintiff opted to file a separate pleading? Upon receipt of the separate pleading, the defendant has
to file his responsive pleading according to Sec. 5 of Rule 12, within the period to which he was entitled at the time of the filing
his motion, which shall not be less than five (5) days in any event.

What if the plaintiff opted to file an amended complaint, how many days does the defendant has to file his responsive pleading?
Do we apply Sec. 3 of Rule 11, which states, ―Where the plaintiff files an amended complaint as a matter of right, the defendant
shall answer the same within 15 days after being served with a copy thereof.‖ Or, do we apply Sec. 5 of Rule 12, giving the
defendant the remaining period to which he was entitled at the time of the filing of his motion for bill of particulars, which shall
not be less than 5 days in any event.
VYE: We should apply Rule 12 because the amendment was made pursuant to an order directing the plaintiff to submit a bill of
particulars or a more definite statement of any matter alleged in the complaint. In other words, the amendment in this case was
not made as a matter of right pursuant to the provisions of Rule 10.

Difference between filing a Motion for Bill of Particulars and Filing a Motion to Dismiss based on the ground that the pleading
fails to state a cause of action
Where the complaint states ultimate facts that constitute the three (3) essential elements of a cause of action, namely: (1) the
legal right of the plaintiff, (2) the correlative obligation of the defendant, and (3) the act or omission of the defendant in
violation of said legal right, the complaint states a cause of action, OTHERWISE, the complaint must succumb to a motion to
dismiss on that ground of failure to state a cause of action. However, where the allegations of the complaint are vague,
indefinite, or in the form of conclusions, the proper recourse would be, not a motion to dismiss, but a motion for a bill of
particulars. (Tatuico vs Republic 1991)

When a Bill of Particulars should be applied for

General Rule: A motion for Bill of Particulars should be filed before responding to a pleading
- Either responding to a complaint or an answer
- Thus, where the motion for bill of particulars is directed to a complaint, the motion should be generally filed within
fifteen (15) days after service of summons (R11, S1)
- Now 30 days
- If the motion is directed to a counterclaim or a cross- claim, then the same must be filed within ten (10) days from
service of the counterclaim or crossclaim (R11, S4)
- Now 20 days
- If the bill of particulars is to clarify a reply, 10 days from service thereof (R12, S1)
- A motion for bill of particulars becomes moot and academic where, prior to its filing, the defendant has already filed
his answer and several other pleadings. (Baritua v Mercader 2001)

VYE: filed when the pleading is vague or insufficient; the party is asking for clarification to allow it to respond

H.2.b. Actions of the court

After receiving the motion from the clerk of court, the court has three possible options (Rule 12, Sec.2):
(1) deny the motion outright;
(2) grant the motion outright; OR
(3) hold a hearing on the motion or allow the parties opportunity to be heard

H.2.c. Compliance with the order and effect of noncompliance

Compliance (Rule 12, Sec. 3):
1. If the motion is granted, in whole or in part, the court shall order the pleader to submit a bill of particulars to the
pleading to which the motions is directed.
2. Compliance must be effected within 10 days from notice of the order, unless a different period is fixed by the court.
3. Compliance may be done by the pleader by filing the bill of particulars or a more definite statement either in (a) a
separate pleading; or (b) in the form of an amended feeling.
4. In either case, a copy thereof is required to be served upon the adverse party.

The bill of particular submitted becomes part of the pleading for which it is intended. (Rule 12, Sec. 6)

Effect of non-compliance or insufficient compliance (Rule 14, Sec. 4): The court has the following options:
(1) order the striking out of the pleading;
(2) order the striking out of the portions of the pleading to which the order was directed; OR
(3) make such other order as it may deem just

H.2.d. Effect on the period to file a responsive pleading

- A motion for bill of particulars is not a pleading, let alone a responsive pleading. Thus, WON his motion is granted, the
movant may file his responsive pleading.
- The filing of this motion stays or interrupts the period to file the responsive pleading.
 RULE 12 BILL OF PARTICULARS
NOTE: Amended portions are underlined (added to the RoC)

Section 1. When applied for; purpose. — Before responding to a

pleading, a party may move for a definite statement or for a bill of
particulars of any matter, which is not averred with sufficient
definiteness or particularity, to enable him or her properly to prepare
his or her responsive pleading. If the pleading is a reply, the motion
must be filed within ten (10) calendar days from service thereof.
Such motion shall point out the defects complained of, the
paragraphs wherein they are contained, and the details desired. (1a)

Section 2. Action by the court. — Upon the filing of the 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. (2)

Section 3. Compliance with order. — If the motion is granted, either

in whole or in part, the compliance therewith must be effected
within ten (10) calendar 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. (3a)

Section 4. Effect of non-compliance. — If the order is not obeyed, or

in case of 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. (4)

Section 5. Stay of period to file responsive pleading. — After

service of the bill of particulars or of a more definite pleading, or
after notice of denial of his or her motion, the moving party may file
his or her responsive pleading within the period to which he or she
was entitled at the time of filing his or her motion, which shall not be
less than five (5) calendar days in any event. (5a)

Section 6. Bill a part of pleading. — A bill of particulars becomes

part of the pleading for which it is intended. (6)

H.3. Motion to Dismiss

NEW RULES - [Provisions either deleted or transposed]

Motion to Dismiss
● This is a course of action that the defendant may elect to take instead of filing his answer immediately, assuming
that the allegations in the complaint are already particularized by a bill of particulars. However, one of the grounds
enumerated below must be present; otherwise, he has no choice but to file an answer.
● This motion hypothetically admits the truth of the factual allegations of the complaint but not of the conclusions that
may have been made therein. However, this admission is not the judicial admission contemplated in Rule 129, Sec. 4
● This is a litigated motion.
● Under the omnibus motion rule, when a motion to dismiss is filed, all grounds for objection available at the time the
motion is filed must be invoked; otherwise they shall be deemed waived, except if they fall under Rule 9, Sec.1.

H.3.a Grounds

RULE 16
Motion to Dismiss

Section 1. Grounds. — Within the time for but before filing the
answer to the complaint or pleading asserting a claim, a motion to
 dismiss may be made on any of the following grounds:

(a) That the court has no jurisdiction over the person of the
defending party;
(b) That the court has no jurisdiction over the subject matter of the
claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties
for the same cause;
(f) That the cause of action is barred by a prior judgment or by the
statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has
been paid, waived, abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is enforceable
under the provisions of the statute of frauds; and
(j) That a condition precedent for filing the claim has not been
complied with. (1a)

● Under Art. 151 of the Family Code: No suit between members of the same family shall prosper unless it should
appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that
the same have failed. If it is shown that no such efforts were in fact made, the case must be dismissed

H.3.b Resolution of motion

Section 3. Resolution of Motion. — After the hearing, the court may

dismiss the action or claim, deny the motion, or order the
amendment of the pleading.

The court shall not defer the resolution of the motion for the reason
that the ground relied upon is not indubitable.

In every case, the resolution shall state clearly and distinctly the
reasons therefor. (3a)

H.3.c Remedies of plaintiff when the complaint is dismissed

The plaintiff has the following options in this case:

a. Depending upon the ground for dismissal, he may simply refile the complaint.
b. Where the ground for dismissal bars refiling of the complaint, he may appeal from the order of dismissal because in
this case, the dismissal is with prejudice.
c. When there is showing of GAD, he may avail of a petition for certiorari

H.3.d Remedies of the defendant when the motion is denied

Section 4. Time to plead. — If the motion is denied, the movant

shall file his answer within the balance of the period prescribed by
Rule 11 to which he was entitled at the time of serving his motion,
but not less than five (5) days in any event, computed from his
receipt of the notice of the denial. If the pleading is ordered to be
amended, he shall file his answer within the period prescribed by
Rule 11 counted from service of the amended pleading, unless the
court provides a longer period. (4a)

● The movant shall file his answer and go through the usual trial process, and later, he may file a timely appeal from an
adverse judgment.
● An order denying a motion to dismiss being interlocutory is not appealable.
 ● However, the remedies of certiorari or prohibition may be availed of if there is a showing that the denial was tainted
with GAD. Mandamus may also be availed of if there‘s a showing that the court unlawfully neglected the performance
of an act which the law specifically enjoins

H.3.e Effect of dismissal of complaint on certain grounds

Section 5. Effect of dismissal. — Subject to the right of appeal, an

order granting a motion to dismiss based on paragraphs (f), (h) and
(i) of section 1 hereof shall bar the refiling of the same action or
claim. (n)

● Under Rule 16, Sec. 5, dismissal of the complaint on certain grounds bars the refiling of the same action or claim
based on the same grounds.

H.3.f When grounds pleaded as affirmative defenses

Section 6. Pleading grounds as affirmative defenses. — If no

motion to dismiss has been filed, any of the grounds for dismissal
provided for in this Rule may be pleaded as an affirmative defense
in the answer and, in the discretion of the court, a preliminary
hearing may be had thereon as if a motion to dismiss had been
filed. (5a)

The dismissal of the complaint under this section shall be without

prejudice to the prosecution in the same or separate action of a
counterclaim pleaded in the answer. (n)

A ground previously invoked in a denied motion to dismiss does not preclude any future reliance on said grounds.
(Sps. Rasdas v. Sps. Villa)

H.3.g Bar by dismissal

Section 5. Effect of dismissal. — Subject to the right of appeal, an

order granting a motion to dismiss based on paragraphs (f), (h) and
(i) of section 1 hereof shall bar the refiling of the same action or
claim. (n)

An order granting a motion to dismiss shall bar the refiling of the same action or claim if the dismissal is based on any of the
following grounds (Rule 16, Sec. 5):
a. res judicata;
b. Prescription;
c. payment/waiver/abandonment/extinguishment of the claim or demand; and
d. unenforceability of the claim under the Statute of Frauds

H.3.h Distinguished from demurrer to evidence under Rule 33

● The motion to dismiss is filed by the defendant before he files his answer. Meanwhile, a demurrer to evidence is filed
by defendant after the plaintiff has completed the presentation of his evidence upon the ground that upon the facts
and law the plaintiff has shown no right to relief

I. Dismissal of Actions

I.1. Dismissal Upon Notice by Plaintiff/Two-dismissal Rule

RULE 17 DISMISSAL OF ACTIONS

 NOTE: No substantial amendments

Section 1. Dismissal upon notice by plaintiff. — A complaint may be

dismissed by the plaintiff by filing a notice of dismissal at any time
before service of the answer or of a motion for summary judgment.
Upon such notice being filed, the court shall issue an order
confirming the dismissal. Unless otherwise stated in the notice, the
dismissal is without prejudice, except that a notice operates as an
adjudication upon the merits when filed by a plaintiff who has once
dismissed in a competent court an action based on or including the
same claim. (1a)

Dismissal upon notice by plaintiff: Under Sec. 1, Rule 17, the complaint may be dismissed by the plaintiff by filing a notice of
dismissal at any time before service of the answer or of a motion for summary judgment. Dismissal here is a matter of right. (It
is therefore possible that the plaintiff would file a notice of dismissal without his knowing that an answer has been served on
him and filed with the Court by registered mail, and the Court acting upon the notice issued an order confirming the dismissal.

Q: What if it turns out that indeed an answer has been filed in court and served on the plaintiff by registered mail before the
notice of dismissal was filed?
● If before the court could issue an order confirming the dismissal it receives the answer or motion for summary
judgment, the court should disregard notice of dismissal. The plaintiff would then have to file a motion under Sec. 2.
● If it issues an order confirming the dismissal but eventually receives the answer or motion for summary judgment,
the defendant will have to file the appropriate motion questioning the confirmation of the dismissal. The court may
then have to disregard the notice of dismissal in view of the filing of an answer or motion for summary judgment

It is not the order confirming the dismissal which operates to dismiss the complaint. It merely confirms a dismissal already
effected by the filing of the notice of dismissal.

GR: Dismissal effected this way is without prejudice.

EXCEPTIONS:
a. The notice provides that the dismissal is with prejudice (or provides therein a reason that prevents refiling of the
complaint); or
b. Plaintiff has previously dismissed the same case in a court of competent jurisdiction based on or including the same
claim. (Rule 17, Sec.1)

Two-dismissal Rule: Two-dismissal rule applies when the plaintiff has:

(a) twice dismissed actions
(b) based on or including the same claim
(c) in a court of competent jurisdiction.

I.2. Dismissal Upon Motion by Plaintiff/Effect on Existing Counterclaim

Section 2. Dismissal upon motion of plaintiff. — Except as provided

in the preceding section, a complaint shall not be dismissed at the
plaintiff's instance save upon approval of the court and upon such
terms and conditions as the court deems proper. If a counterclaim
has been pleaded by a defendant prior to the service upon him of
the plaintiffs motion for dismissal, the dismissal shall be limited to
the complaint. The dismissal shall be without prejudice to the right
of the defendant to prosecute his counterclaim in a separate action
unless within fifteen (15) days from notice of the motion he
manifests his preference to have his counterclaim resolved in the
same action. Unless otherwise specified in the order, a dismissal
under this paragraph shall be without prejudice. A class suit shall
not be dismissed or compromised without the approval of the court.
(2a)

Once either an answer or a motion for summary judgment has been served on the plaintiff, the dismissal is no longer a matter of
right and will require the filing of a motion to dismiss, which will now be subject to the approval of the court.
● If granted, this dismissal is without prejudice except if the order specifies that it is with prejudice.
Effect on existing counterclaim: If one has already been pleaded by the defendant prior to the service upon him of the plaintiff‘s
motion to dismiss, and the court grants the said motion, the dismissal shall be limited to the complaint. The counterclaim,
whether compulsory or permissive, is not dismissed. (Rule 17, Sec. 2)
● Defendant may choose to prosecute his claim in a separate action or in the same one.

I.3. Dismissal Due to the Fault of Plaintiff

Section 3. Dismissal due to fault of plaintiff. — If, for no justifiable

cause, the plaintiff fails to appear on the date of the presentation of
his evidence in chief on the complaint, or to prosecute his action for
an unreasonable length of time, or to comply with these Rules or
any order of the court, the complaint may be dismissed upon motion
of the defendant or upon the court's own motion, without prejudice
to the right of the defendant to prosecute his counterclaim in the
same or in a separate action. This dismissal shall have the effect of
an adjudication upon the merits, unless otherwise declared by the
court. (3a)

A complaint may be dismissed even if the plaintiff has no desire to have the same dismissed, if the same is through reasons
attributed to his fault (Rule 17, Sec.3):
a) failure of the plaintiff, without justifiable reasons, to appear on the date of the presentation of his evidence in chief;
b) failure of the plaintiff to prosecute his action for an unreasonable length of time;
c) failure of the plaintiff to comply with the Rules of Court; OR
d) failure of the plaintiff to comply with any order of the court.

In this case, dismissal may be done by the court motu propio or upon motion filed the defendant.

VYE: Is the dismissal of the complaint due to the fault of the plaintiff under Sec. 3, Rule 17 also without prejudice to the right of
the defendant to prosecute his counterclaim?
● the defendant can insist on his counterclaim although the provision that the dismissal is limited to the complaint is
found only in Sec. 2. After all, if the consequence of a dismissal of the complaint upon motion of the plaintiff is
without prejudice to the right of the defendant to prosecute his counterclaim, with more reason should it be without
prejudice to said right of the defendant if the dismissal of the complaint is due to the fault of the plaintiff.

I.4. Dismissal of Counterclaim, Cross-claim, or Third-party Complaint

Section 4. Dismissal of counterclaim, cross-claim, or third-party

complaint. — The provisions of this Rule shall apply to the dismissal
of any counterclaim, cross-claim, or third-party complaint. A
voluntary dismissal by the claimant by notice as in section 1 of this
Rule, shall be made before a responsive pleading or a motion for
summary judgment is served or, if there is none, before the
introduction of evidence at the trial or hearing. (4a)

[211] FAJ Construction v. Saulog

FACTS: xxx

DOCTRINE: xxx

[212] Macedonio v. Ramo

FACTS: xxx

DOCTRINE: xxx
 [213] Ching v. Cheng

FACTS: xxx

DOCTRINE: xxx

[214] Blay v. Bana

FACTS: xxx

DOCTRINE: xxx

[215] Yap-Co v. Uy

FACTS: xxx

DOCTRINE: xxx

[216] Padilla v. Globe Asiatique Realty

FACTS: xxx

DOCTRINE: xxx

J. Pre-trial

J.1. Concept of Pre-trial

RULE 18 PRE-TRIAL
NOTE: Amended portions are underlined (added to the RoC)

Section 1. When conducted. — After the last responsive pleading

has been served and filed, 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 responsive pleading. (1a)

Section 6. Pre-trial brief. — The parties shall file with the court 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-Trial Order. — Upon termination of the pre-trial, the

court shall issue an order within ten (10) calendar days which shall
recite in detail the matters taken up. The order shall include:
(a) An enumeration of the admitted facts;
(b) The minutes of the pre-trial conference;
(c) The legal and factual issue/s to be tried;
(d) The 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-Annexed Mediation. — After pre-trial and, after

issues are joined, the court shall refer the parties for mandatory
court-annexed mediation. The period for court-annexed mediation
shall not exceed thirty (30) calendar days without further extension.
(n)

Section 9. Judicial Dispute Resolution. — Only if the judge of the

court to which the case was originally raffled is convinced that
settlement is still 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. Judgment after pre-trial. — Should there be no more

controverted facts, or no more genuine issue as to any material fact,
or an absence of any issue, or should the answer fail to tender an
 issue, the court shall, without prejudice to a party moving for
judgment on the pleadings under Rule 34 or summary 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)

J.2. Nature and Purpose

Section. 2. Nature and Purpose. — The pre-trial is mandatory and

should be terminated promptly. The court shall consider:
(a) The possibility of an amicable settlement or of a
submission to alternative modes of dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or admissions of
facts and of documents to avoid unnecessary proof;
(d) The limitation of the number and identification of
witnesses and the setting of trial dates;
(e) The advisability of a preliminary reference of issues to a
commissioner;
(f) The propriety of rendering judgment on the pleadings, or
summary judgment, or of dismissing the action should a
valid ground therefore 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
particula 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)

J.3. Notice of Pre-trial

Section. 3. Notice of pre-trial. — The notice of pre-trial shall include

 the dates respectively set for:
(a) Pre-trial;
(b) Court-Annexed Mediation (CAM); and
(c) Judicial Dispute Resolution (JDR), if necessary.

The notice of pre-trial shall be served on counsel, or on the party if

he or she 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)

J.4. Appearance of Parties; Effect of Failure to Appear

Section 4. Appearance of Parties. — It shall be the duty 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.

J.5. Pre-trial Brief; Effect of Failure to Appear

Section. 5. Effect of failure to appear. — When duly notified, the

failure of the plaintiff and counsel to appear without valid cause
when so required, pursuant to the next preceding Section, shall
cause the dismissal of the action. The dismissal shall be with
prejudice, unless otherwise ordered by the court. A similar failure on
the part 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)

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

Guidelines to be observed by trial judges and clerks of court in the
conduct of pre-trial and use of deposition-discovery measures.
Some features are as follows:
(1) Summons shall contain a reminder to the defendant to
observe restraint in filing a motion to dismiss and instead
allege the grounds thereof as defenses in the answer.
(2) Issue an order requiring the parties to avail of
interrogatories to parties (Rule 25), request for admission
by adverse party (Rule 26), or make use of depositions
under Rule 23 or other measures under Rules 27 and 27
within 5 days from filing of the answer.
(3) Within 5 days from filing of reply, plaintiff must promptly
move ex parte that the case be set for pretrial conference.
If he fails to do so, the Branch COC shall issue notice of
pre-trial.
(4) No evidence shall be allowed to be presented and offered
during the trial in support of a party‘s evidence-in-chief
other than those that had been earlier identified and
premarked during the pre-trial except if allowed by the
court for good cause shown. Brief must indicate the
 approximate number of hours that will be required by the
parties for the presentation of their respective witnesses.
Rule on contents of pretrial brief must be strictly complied
with. The parties are bound by representations and
statements in their respective pretrial briefs.
(5) Refer the case to the Philippine Mediation Center for
purposes of mediation if available.
(6) Pre-marking of exhibits before the Branch COC and
attached to the records after comparison.
(7) Minutes of preliminary conference. Note, preliminary
conference under Rules on Summary Procedure is
different.
(8) Active role of the judge in pre-trial
(9) Adhere to the one-day examination of witness rule
(10) Most important witness rule
(11) Use of affidavits of witnesses as direct examination. In
question and answer form.

Sec. 13 (a) and (b), A.M. No. 02-11-10-SC. Effect of failure to

appear at the pre-trial.
(a) If the petitioner fails to appear personally, the case shall
be dismissed unless his counsel or a duly authorized
representative appears in court and proves a valid excuse
for the non-appearance of the petitioner.
(b) If the respondent has filed his answer but fails to appear,
the court shall proceed with the pre-trial and require the
public prosecutor to investigate the non-appearance of
the respondent and submit within fifteen days thereafter a
report to the court stating whether his non-appearance is
due to any collusion between the parties. If there Is no
collusion, the court shall require the public prosecutor to
intervene for the State during the trial on the merits to
prevent suppression or fabrication of evidence.

J.6. Distinction between Pre-trial in Civil Case and Pre-trial in Criminal Case

Civil Case Criminal Case

How set By EX PARTE motion Ordered by the court

of the plaintiff MOTU PROPIO

When After the last After arraignment

pleading has been and within 30 days
served and filed from the date the
court acquires
jurisdiction over the
person of the
accused

Possibility of Considered as an Not considered

amicable settlement important objective

Agreements and Not required to be Shall be reduced in

admissions signed by both writing and signed
parties and their by both the accused
counsel but must be AND counsel,
contained in the otherwise they
record of pre-trial cannot be used
and the pre-trial against the accused
order. However, said
record is now
 required to be
signed by both
parties AND/OR
their counsel.

Sanctions for Imposed upon the Imposed upon the

nonappearance in plaintiff and the counsel for the
pre-trial defendant accused or the
prosecutor

Pre-trial brief Required to be Not specifically

submitted required

The Rules on pre-trial are different in petitions for declaration of nullity of marriage and legal separation.

Sec. 10 (1) and (2), A.M. No. 02-11-11-SC, Rule on Legal

Separation
(1) If the petitioner fails to appear personally, the case shall be
dismissed unless his counsel or a duly authorized representative
appears in court and proves a valid excuse for the non-appearance
of the petitioner.
(2) If the respondent filed his answer but fails to appear, the court
shall proceed with the pre-trial and require the public prosecutor to
investigate the non-appearance of the respondent and submit within
fifteen days a report to the court stating whether his non-
appearance is due to any collusion between the parties/ If there is
no collusion the court shall require the public prosecutor to
intervene for the State during the trial on the.merits to prevent
suppression or fabrication of evidence.

J.7. Alternative Dispute Resolution

ADR means any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge
of a court or an officer of a government agency, as defined in the ADR law (RA 9285), in which a neutral third party participates
to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any
combination thereof.

Examples of ADR
1. Commercial arbitration – arbitration which covers matters arising from all relationships of a commercial nature,
whether contractual or not
2. Court-annexed mediation – any mediation process conducted under the auspices of the court, after such court has
acquired jurisdiction over the dispute
3. Court-referred mediation – any mediation process ordered by a court to be conducted in accordance with the
Agreement of the Parties when an action is prematurely commenced in violation of such agreement
4. Arbitration (Domestic and Foreign)

Cases in which the ADR law does not apply

a. Labor disputes covered by the Labor Code and its IRR;
b. Civil status of persons;
c. Validity of a marriage;
d. Any ground for legal separation;
e. Jurisdiction of courts;
f. Future legitime;
g. Criminal liability; and
h. Those which by law cannot be compromised.

Confirmation of arbitral awards

 ● The confirmation of domestic arbitral awards shall be made by the RTC in accordance with the rules of procedure
promulgated by the SC.
● Arbitral awards from the CIAC (Construction Industry Arbitral Award Commission) need not be confirmed by the RTC
to be executor.
● The recognition and enforcement of foreign arbitral awards shall be filed with the RTC in accordance with the rules of
procedure promulgated by the SC. When said recognition and enforcement is granted by the RTC, the arbitral award
shall be enforced in the same manner as final and executory decisions of courts of law in the Philippines.

Venue and jurisdiction

● Proceedings for recognition and enforcement of an arbitration agreement or for vacation, setting aside, correction or
modification of an arbitral award, and any application with a court for arbitration assistance and supervision shall be
deemed as special proceedings and shall be filed with the RTC:
a) where arbitration proceedings are conducted;
b) where the asset to be attached or levied upon, or the fact to be enjoined is located;
c) where any of the parties to the dispute resides or has his place of business; OR
d) in the National Judicial Capital Region, at the option of the applicant.

Appeal from court decisions on arbitral awards

● A decision of the RTC confirming, vacating, setting aside, modifying or correcting an arbitral award may be appealed
to the CA.

Special Rules of Court on ADR (AM 07-11-08-SC)

1. Coverage
a. Relief on the issue of existence, validity, or enforceability of the arbitration agreement;
b. Referral to ADR;
c. Interim measures of protection;
d. Appointment of arbitrator;
e. Challenge to appointment of arbitrator;
f. Termination of mandate or arbitrator;
g. Assistance in taking evidence;
h. Confirmation, correction or vacation of award in domestic arbitration;
i. Recognition and enforcement or setting aside of an award in international commercial arbitration;
j. Recognition and enforcement of a foreign arbitral award;
k. Confidentiality/protective orders; and
l. Deposit and enforcement of mediated settlement agreements
2. Nature of the proceedings
a. Special
b. Summary, except for:
i. confirmation, correction or vacation of award in domestic arbitration;
ii. recognition and enforcement or setting aside of an award in international commercial arbitration;
and
iii. recognition and enforcement of a foreign arbitral award
3. Prohibited pleadings, motions or petitions
a. Motion to dismiss;
b. Motion for bill of particulars;
c. Motion for new trial or for reopening of trial;
d. Petition for relief from judgment;
e. Motion for extension, except in cases where an ex parte temporary order of protection has been issued;
f. Rejoinder to reply;
g. Motion to declare a party in default; and
h. Any other pleading specifically disallowed under any provision of the Special ADR Rules.

● The court shall motu propio order a pleading/motion that it has determined to be dilatory in nature be expunged from
the records.
Expanded Coverage of Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) A.M. No. 11-1-6-SC PHILJA,
Jan. 11, 2011
Judicial proceedings shall be divided into two stages:
(1) from the filing of a complaint to the conduct of CAM and JDR during the pre-trial stage, and
(2) pre-trial proper to trial and judgment.

The judge to whom the case has been originally raffled, who shall be called the JDR Judge, shall preside over the first stage. The
judge, who shall be called the trial judge, shall preside over the second stage.

First stage: CAM – where the judge refers the parties to the Philippine Mediation Center (PMC) for the mediation of their
dispute by trained and accredited mediators‖.

Second stage: JDR – Upon failing to secure a settlement of the dispute during the first stage, the second attempt is where the
JDR judge becomes a ―mediator-conciliator-early neutral evaluator in a continuing effort to secure a settlement‖.

Third stage: PMC-Appeals Court Mediation (ACM) — the mediator-judge must turn over the case to another judge (a new one
by raffle or nearest/pair judge) who will try the unsettled case. The trial judge ―shall continue with the pretrial proper and,
thereafter, proceed to try and decide the case. The third stage is during the appeal where covered cases are referred to the
PMC- ACM unit for mediation.

The following cases shall be referred to CAM and be the subject of JDR proceedings:
(1) All civil cases and the civil liability of criminal cases covered by the Rule on Summary Procedure, including the civil
liability for violation of B.P. 22, except those which by law may not be compromised;
(2) Special proceedings for the settlement of estates;
(3) All civil and criminal cases filed with a certificate to file action issued by thePunong Barangay or the Pangkat ng
Tagapagkasundo under the RevisedKatarungang Pambarangay Law
(4) The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;
(5) The civil aspect of less grave felonies punishable by correctional penalties not exceeding 6 years imprisonment,
where the offended party is a private person;
(6) The civil aspect of estafa, theft and libel;
(7) All civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive and original
jurisdiction granted to the first level courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980;
(8) All cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction
granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act of 1980;
(9) All civil cases involving title to or possession of real property or an interest therein brought on appeal from the
exclusive and original jurisdiction granted to the first level courts under Section 33, par.(3) of the Judiciary
Reorganization Act of 1980; 13 and
(10) All habeas corpus cases decided by the first level courts in the absence of the Regional Trial Court judge, that are
brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary
Reorganization Act of 1980.

The following cases shall NOT be referred to CAM and JDR:

(1) Civil cases which by law cannot be compromised (Article 2035, New Civil Code);
(2) Other criminal cases not covered under paragraphs 3 to 6 above;
(3) Habeas Corpus petitions;
(4) All cases under Republic Act No. 9262 (Violence against Women and Children); and
(5) Cases with pending application for Restraining Orders/Preliminary Injunctions.

● However, in cases covered under 1, 4 and 5 where the parties inform the court that they have agreed to undergo
mediation on some aspects thereof, e.g., custody of minor children, separation of property, or support pendente lite,
the court shall refer them to mediation.

Other Laws/Administrative Matters/Circulars 1

1 Excluded these from the main reviewer since they are too long
 ● A.M. No. 12-8-8-SC or Judicial Affidavit Rule
● A.M. No. 14-03-02-SC (Piloting of a New System for Speedy Court Trial)
○ Rule 22 on Preliminary Conference
● RA 876 - The Arbitration Law
● RA 9285 - Alternative Dispute Resolution Act of 2004

[217] Aguilar v. Lightbringers Credit Cooperative

FACTS: xxx

DOCTRINE: xxx

K. Intervention

Concept: Remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein to enable him,
her or it to protect or preserve a right or interest which may be affected by such proceedings.

A third person is permitted by the court to make himself a party, either joining the plaintiff, or uniting with the defendant, or
demanding something adversely from both of them.

Intervention is never an independent action but is auxiliary and supplemental to the existing litigation. It is merely collateral,
accessory, or ancillary to the principal action.

Not a matter of right, left to the sound discretion of the court

Is intervention an initiatory pleading requiring a certification against forum shopping?

● Under Sec. 3, Rule 19, the intervention shall be made by complaint filed and served in regular form and may be
answered as if it were an original complaint.
● VYE: The complaint-in-intervention is an initiatory pleading.

K.1. Requisites for intervention

1. There must be a motion for intervention filed before rendition of judgment by the trial court. Leave of court is necessary
before a person may be allowed to intervene.
2. The movant must show in his motion that he:
a. has legal interest in the matter in litigation;
b. has legal interest in the success of any of the parties;
c. has interest against both parties; OR
d. is so situated as to be adversely affected by a distribution or disposition of property in the custody of the court
or an officer thereof.

Interest must be direct and immediate so that he will either gain or lose by the direct legal operation of the judgment; it must
also be actual and material.

However, notwithstanding the existence of legal interest, permission to intervene is subject to the court‘s sound discretion as
to:
1. WON the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and
2. WON the intervenor‘s rights may be fully protected in a separate proceeding.

K.2. Time to intervene

Although Sec. 2, Rule 19 says that the motion to intervene may be filed at ANY TIME BEFORE RENDITION OF JUDGMENT by the
trial court, intervention was allowed:
● even on appeal;
● in a case pending before the SC;
● after judgment where it is necessary to protect some interest which cannot otherwise be protected;
● and for the purpose of preserving the intervenor‘s right to appeal.

In one case, intervention was even granted even after the decision became final and executory. In allowing the same, the SC held
that the permissive tenor of the provision on intervention shows the intention of the Rules to give to the court the full measure of
discretion in permitting or disallowing the same. But needless to say, this discretion should be exercised judiciously and only after
consideration of all the circumstances obtaining in the case. (Mago v. CA)

K.3. Remedy for the denial of motion to intervene

A2016: Institute a separate action.