Civil Procedure o Rule 110 to Rule 127

Lecture with Dean Tan o Cybercrime Law

Study in relation to codal and UP BOC o Bayanihan Act
o Judicial Affidavit Rule
Substantive Law o Rule on Plea Bargaining
- Law enacted by Congress which confers rights to a party or - Rules on Evidence
person that is substantive in nature.
- Cannot be waived. Rule 1
Distinctions between Civil Action, Criminal Action, and Special
Procedural Law Proceeding
- Only the means and the methods of protecting and enforcing 1. Civil Action
one’s rights. a. Action filed before the court for the enforcement or
- Can be waived. protection of a right, or the prevention or redress of a
- Promulgated by Supreme Court wrong.
b. Basis – cause of action
Court c. Nature – adversarial
- Established by Congress i. 2 parties: plaintiff (one initiating an action) and
- Established by Law defendant
- Permanent d. Rule 1 to 71
- Conferred by Judicial Power e. Parties – plaintiff and defendant (ordinary action and
sca) or petitioner respondent
Judge i. Rule 65 and quo warranto proceedings –
- Appointed by JBC petitioner
- Temporary in character 2. Criminal Action
- The one exercising judicial power a. One by which the State prosecutes the person for acts
or omission in violation of penal statute.
4 main divisions of Remedial Law b. Basis – acts or omission in violation of penal laws
- Rules on Civil Procedure c. Nature – adversarial and prosecutorial in character
o Rules on Ordinary Civil Action d. Rule 110 to Rule 127
 Ordinary rules e. 3 ways to commence a criminal action before the office
 Provisional Remedies of the prosecutor
o Special Civil Action i. Filing a sworn statement or sinumpaang
 Rule 62-71 salaysay
- Special Proceeding ii. Criminal information
o Rule 72 to Rule 109 iii. Direct filing of criminal complaint
- Rules on Criminal Procedure
 f. Parties – complainant and respondent (preliminary
investigation); state as plaintiff and accused (filed
before the court)
3. Special Proceeding
a. A remedy by which a party seeks to establish a
particular fact, status, or a right.
b. Basis – based on a particular fact, status, or a right
sought to be established
c. Nature – non-adversarial except when there is an
oppositor
d. Rules 72 to Rule 109
e. Commenced in 2 ways:
i. Petition filed between the court.
ii. Annulment of marriage or by way of custody of
minors – complaint
f. Parties – Petitioner; if adversarial, you have the
oppositor as respondent.
RULES WHERE ORDINARY CIVIL ACTION SHALL SUPPLY
What are the instances where special rules on ordinary civil action
shall not be applied directly to certain proceedings?
- Naturalization proceeding
- Labor cases
- Insolvency cases
How will the rules on ordinary civil action apply in cases mentioned
above?
- Shall only apply suppletorily as when justice may require
Ordinary civil action on special proceeding:
- Shall only be applicable whenever practicable and convenient
Ordinary civil action on criminal proceeding:
- Will also apply suppletorily
Other cases:
- Judicial Affidavit Rule
- DNA Evidence Rule
- Electronic Evidence Rule
CONSTITUTIONAL PROVISIONS RELATED TO CIVIL PROCEDURE
Section 1, Art. 3
- No person shall be deprived of life, liberty, or property
without due process of law
- Due process- reasonable opportunity to be heard and submit
one’s evidence in support of his defense.
- This is the basis of Rule 65, Petition for Certiorari in case of
GADALEJ
- What are the procedural requirements for purposes of due
process?
o The court must be clothed with jurisdiction over the
subject matter of the case as conferred by law
o The court must have acquired jurisdiction over the
person of the defending party
o Party litigants must be afforded the right to present
evidence
o Judgment must be based on the facts and the law
Section 1, Art. 8
- Judicial power – duty of the courts to settle actual
controversies involving rights which are legally demandable
and enforceable and to determine if there has been GADALEJ
Section 1, Art. 3 – Equal Protection of Law
Section 9, Art. 3 - Eminent Domain in relation to expropriation of the
property
Section 11, Art. 3 – Free access to courts and legal assistance in
relation to pauper litigant
Section 16, Art. 3 – Right to speedy disposition of cases in relation to
the right to speedy trial
Section 30, Art. 6 – Power of the Congress to enact Law increasing the
Appellate Jurisdiction of the Supreme Court
 - No direct appeal to SC from the decision of the Ombudsman.
Remedy is to file Rule 65 before the SC Section 5, Art. 8 – Rule-making power or judicial legislation of the SC
Section 18, Art. 7 – Review of the proclamation of martial law and - Constitutional basis of the power of the SC to promulgate all
suspension of the privilege of the writ of habeas corpus in relation to the rules of procedure through administrative circulars is
SC’s power to review factual basis of the proclamation of martial law found under this provision
or the suspension of the privilege of habeas corpus in an appropriate Section 14, Art. 8 – Constitutional requirement of Judgment, Final
proceeding Orders, Resolution
Section 2, Art. 8 – Power of the Congress to Prescribe the Jurisdiction - Decision must state clearly and distinctly the facts and the law
of Courts from which the decision was based. No petition for review
Section 4, Art. 8 – Cases decided by the SC En Banc shall be refused due course or denied without legal basis
- Cases involving the constitutionality of a treaty, international
or executive agreement, or law Court of Law vs. Court of Equity
- All other cases under the ROC that are required to be heard en Court of Law
banc including the constitutionality, application, or operation - Must be based on the existing provision of Law
of
o Presidential decrees Court of Equity
o Proclamations - When there is insufficiency of the provision of law in granting
o Orders relief to the party litigants, based on equity, what is just and
o Instructions equitable under the circumstance of the case, the court may
o Ordinances grant the same
o Others - Based on equitable ground
Section 5, Art. 8 – Original Jurisdiction of the SC
- Cases affecting ambassadors, public ministers, and consuls JURISDICTION
- Petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus For the court to entertain civil cases it should have jurisdiction over:
- Petitions for writs of amparo, habeas data, writ of kalikasan, - Subject matter
and continuing mandamus - Person of the defending party
o Voluntary submission
** You can initiate or file directly to the SC o Summons
- Territorial jurisdiction
Section 5, Art. 8 – Review and appellate power of the SC
- Should be correlated with Rule 45 on Petition for Review on Jurisdiction
Certiorari and under Rule 65 on petition for certiorari - Power of the court to hear, decide the case, and enforce
judgment
** SC also has administrative jurisdiction over cases on removal of - Conferred by law
judges or justices of the court - Substantive in nature
 - Cannot be waived - Delegated jurisdiction
- Dismissal based on lack of jurisdiction is without prejudice o Power of the lower courts to entertain cases as may be
- Can be raised for the first time on appeal assigned
- Civil proceeding’s last stage is execution. If cannot be executed - Limited jurisdiction
—paper judgment. If prescribed—estopped from enforcing o To entertain cases only specified by the provision of
decision. law
 Probate courts
Jurisdiction is different from venue. - Special jurisdiction
o To entertain land cadastral cases, land reform cases,
Venue drug court cases
- Venue is the geographical location where the case shall be o MTC/MCTC petition for habeas corpus
filed, heard, and tried.
- Conferred by rules of court and may be subject of agreement Different jurisdiction of various courts
by parties
- Procedural in nature ** look into ancillary jurisdiction of the SC
- May be waived ** look into administrative jurisdiction of the SC
- Can no longer be raised for the first time from appeal
COURT OF APPEALS
Kinds of Jurisdiction
- Original jurisdiction – filed in CFI Original Jurisdiction
- Exclusive jurisdiction – Exercise of the power of the court to - Petition for certiorari,
the exclusion of other courts - Prohibition
- Exclusive original jurisdiction – Power of the court to enter - Mandamus
plain actual controversies filed in FI to the exclusion of other - Habeas corpus
courts - Petition for annulment of the decision of the RTC
- Concurrent jurisdiction – 2 courts can entertain same petitions - Writ of Amparo
- General jurisdiction – The court can entertain all petitions - Habeas Data
except those withheld with plenary powers - Writ of Kalikasan
o Family courts and special commercial courts are - Writ of continuing mandamus
merely designation courts – RTC still has the general - Wiretapping (?)
jurisdiction - Human Security Act (?)
- Appellate jurisdiction
o To review the decision rendered by the lower courts Appellate Jurisdiction (Section 9, BP 129)
- Territorial jurisdiction - Decision and final orders of the RTC in the exercise of its
o Power of the court to exercise jurisdiction within its original jurisdiction (Rule 41)
territorial boundaries o Within 15-day period
 o You can also file a motion for extension within 15-day - Petitions for writs of mandamus, prohibition, certiorari,
period habeas corpus, injunction, and other ancillary writs and
o Fresh period rule – will only apply if the agreed parties processes in aid of its appellate jurisdiction
file a MR or MNT, then 15 days will be counted from - Violations of RA No. 1379 (Civil forfeiture proceedings)
the receipt of the order denying MNT or MR - Civil and criminal cases EO 1, 2, 14, and 14-A. Provided that
- Decision and final orders of the RTC in the exercise of its the jurisdiction over these petitions shall not be exclusive of
appellate jurisdiction (Rule 42) the SC
o Within 15-day period - Quo warranto. Provided that the jurisdiction over these
o You can also file a motion for extension within 15-day petitions shall not be exclusive of the SC
period
o Fresh period rule – will only apply if the agreed parties Appellate Jurisdiction
file a MR or MNT, then 15 days will be counted from - Decision of RTC in the exercise of original, exclusive original, or
the receipt of the order denying MNT or MR (neypes appellate jurisdiction
rule) o Appeal period is 15 days
- Decision of MTC/MCTC in delegated jurisdiction over land o Also with fresh period rule
registration and cadastral cases
o Appeal is from MTC/MCTC directly to the CA Ancillary jurisdiction
- Decision of quasi-judicial bodies (mahaba yan. Check dean - May issue writs and processes that are merely incidental in
tan’s notes); decision of the Office of the Ombudsman in character
administrative cases
o Petition for review under Rule 43 RTC
o 15 days to appeal
- Decisions and final orders rendered by RTC in case of IPC Original Jurisdiction
violation. File a petition for review under Rule 43 - Actions involving ambassadors, public ministers, and consuls
- Decision of the Shari’ah District Courts in the absence of - Over petition for certiorari, prohibition, mandamus, quo
Shari’ah Appellate Courts warranto, habeas corpus
- Actions for annulment of judgment of the MTC
Ancillary Jurisdiction of CA - Writ of Amparo
- Decision of RTC in case of whether original or exclusive - Habeas data
original will be filed with CA - Writ of continuing mandamus
- Rule 59
- Anything merely incidental by the RTC Exclusive Original Jurisdiction
RTC has EOJ over cases whose subject matter is incapable of
SANDIGANBAYAN pecuniary estimation:
- Action for specific performance
Original Jurisdiction
 o Right of the party to a written instrument to effect Regional Trial Court acting as a Special Commercial Court
order - Intra corporate dispute falls under the exclusive jurisdiction of
- Action for rescission of contract the RTC
o Right to have the written agreement voided - Action for violation of the IPC
- Action for injunction
- Action for declaratory relief Action for recovery of personal properties where the value EXCEEDS
o Subject matter is merely for declaration of certain 300k outside or EXCEEDS 400k within MM
rights; beyond quantification - Replevin
- Action for reformation of instrument - Partition
- Action for consolidation of ownership - interpleader
- Action for expropriation
- Action for support Action for claim for money, exclusive of damages, interest, atty’s fees,
cost of litigation where the amount EXCEEDS 300k outside MM or
** RTC has the exclusive original jurisdiction in cases involving action 400K within MM
for the revival of judgment
RTC as special agrarian court has EOJ over all petitions for the
Actions involving title to, possession, or interest over a real property- determination of just compensation in that province
assess value exceeding outside or within MM. There is jurisdictional
amount: EXCEEDING 20k outside MM or EXCEEDING 50k within MM Appellate Jurisdiction of RTC
of assessed value - Decisions rendered by MTC/MCTC shall be decided by the RTC
- Accion publiciana
- Interpleader over real property Metropolitan/Municipal/MCTC
- Quieting of title
- Action for foreclosure proceeding Exclusive Original Jurisdiction
- Action for partition over real property - Forcible Entry
- Action Reinvindicatoria - Unlawful Detainer – merely issue of possession
- Actions involving title, possession, interest of real property
Probate Proceeding NOT EXCEEDING 20k outside MM or NOT EXCEEDING 50k
- Testate or intestate proceeding where the gross value of the within MM
estate (TOTALITY) EXCEEDS 300k outside MM or 400K within - Probate proceedings, testate and intestate, NOT EXCEEDING
MM 300k outside MM or NOT EXCEEDING 400k within MM
- Settlement of the estate of small value
Shari’ah District Court – original/EOJ - ALL other claims except probate, amount of the claim not
- Settlement of the estate of Muslim REGARDLESS of the exceeding 100k outside MM or not exceeding 200k within MM
amount and nature - Small claims cases
 o Payment or reimbursement of money/claims or
damages (delict or quasi delict) cases NOT EXCEEDING
400k
Special Jurisdiction
- Petition for Habeas Corpus where there is no RTC Judge
- Application for bail in criminal cases in the province or the city
where the absent RTC Judge sit
- Shari’ah District Courts
Delegated Jurisdiction
- Uncontested lots
o Hear and determine cadastral or land registration
- Contested lots
o Where the value DOES NOT EXCEED 100k
What happens when you file a case with the court that has no
jurisdiction?
- Outright dismissal
DOCTRINES AND PRINCIPLE IN RELATION TO JURISDICTION
1. Neypes Doctrine (Fresh Period Rule) – provides a fresh period
within which a party may file upon receipt of denial of MR or
MNT.
a. Applicable in all judicial proceeding
2. Doctrine of continuing jurisdiction – Once the court assumes
jurisdiction over the case, it shall continue until the final
termination
3. Doctrine of non-interference – provides that no court shall
interfere with any judgment or proceeding by way of
injunction of a co-equal court
4. Doctrine of exhaustion of administrative remedies – principle
that provides that before the parties can file an action to the
court, all available remedies before the administrative bodies
should be availed of first.
a. Considered as a condition precedent
5. Doctrine of primary jurisdiction – court will refuse to entertain
an action which calls for an issue that should be resolved by
the administrative bodies equipped with or pertaining to the
expertise, knowledge or a quasi-judicial bodies.
6. Doctrine of contemporaneous jurisdiction – before the
implementation of the writ of attachment or injunction, it
must be coupled with service of summons for him to be
afforded of due process regarding the said provisional remedy
7. Doctrine of concurrent jurisdiction – different courts can
entertain an action involving an issue or remedy
8. Doctrine of hierarchy of courts – a direct resort to a higher
court cannot be made until the remedies are availed of in the
lower court
a. XPN: if there is a special and compelling reason
(Doctrine of transcendental importance)
RULE 1
- As to the commencement of the civil action
o By filing an initial complaint and payment of docket
fees
 Act of the plaintiff where the court will acquire
jurisdiction over the person of the plaintiff
- Payment of docket fees:
o Purposes of acquisition of jurisdiction by the court
- Proceedings before the commencement of the civil action
before the court
o Barangay Conciliation
 In order to declog court cases brought about by
indiscriminate filing with the court
 To maintain the quality of justice
 Condition precedent and may be raised as an
affirmative defense in answer
 No complaint, actions, proceedings, falling
within the jurisdiction of the lupon, shall be
filed to the court without first undergoing
through a conciliation – You cannot file a
 complaint without undergoing barangay
conciliation
 Mandatory
 Must be an actual resident of the brgy
 Effects of failure to comply brgy conciliation
 May be raised by the defending party as
an affirmative defense for failure to
comply condition precedent
 Not a jurisdictional requirement and can be
waived. Failure to raise – deemed waived
 Juridical persons not covered by the provision
of referral to the lupon
 XPN to brgy conciliation:
 Where one of the party is the
government
 Where one party is a public officer or
employee
 Offenses punishable by imprisonment
exceeding 1 year or 5k
 No private offended party
 Dispute involves real properties located
in diff cities or municipalities except
where such barangay units adjoin each
other
 Labor cases
 Members of indigenous cultural
communities
 Violation of Comprehensive Agrarian
Reform Act
 Accused is under detention
 Habeas corpus proceedings
 Coupled with provisional remedies such
as preliminary injunction, attachment,
delivery of personal property, support
pendente lite
 Barred by statute of limitations
Such other classes of disputes which the
President may determine
 Compromise agreement (Part 1, 4:01:00)
 Execution
o Adverse Claim
 If you have a claim on title or possession of real
property
 By filing necessary affidavit before RD where
property is located for constructive notice to
buyers that there is a claim
 Anticipatory in character
o Action Quasi in rem
 Binds the interest of the person with its
property
 Closure proceedings
 Partition
 Civil action with attachment
RULE 2
Cause of action
- Act or omission committed by the defendant in violation of
the primary rights of the plaintiff
- Requisites:
o Right
o Act or omission committed in violation of a right of the
plaintiff
o Caused damages or injury against the plaintiff
Splitting cause of action
- One single cause of action  split into many cases
- Not allowed
- One way of committing forum shopping
Effect of splitting cause of action:
- Barred by prior judgment
- Litis pendentia
 - Motu proprio dismiss the case
- Dismissed with prejudice. Final order.
What happens if the order of dismissal is final? What is his remedy?
- An appeal may be taken from a final judgment or order
Joinder of Causes of Action
- Requisites:
o Must comply with the joinder of parties
o Must not involve special civil action (injunction,
mandamus, prohibition, expropriation, foreclosure,
partition, quo warranto, etc.) or actions governed by
special rules
o If one of the causes of action is within RTC, then RTC
o If sum of money, aggregate sum shall determine
jurisdiction
- Aggregate amount determines the jurisdiction (excluding
damages, atty’s fees, litigation fees)
o EXCEEDS 300k outside MM or EXCEEDS 400k within
MM
Misjoinder of cause of action
- Not a ground for MTD
- May order for severance and may be tried separately
** You cannot amend in order to confer jurisdiction, at the first
instance that the court has no jurisdiction upon filing of the action, it
must be dismissed.
If the allegations in the pleading fails to state a cause of action:
- You can still amend by way of leave of court.
- XPN: Conferment of jurisdiction
- Remedy of defendant:
o File an answer with affirmative defense of failure to
state a cause of action. Such will be dismissed but
without prejudice.
o If answer is denied, you cannot appeal. The remedy
would be to let the judgment be rendered and assign it
as errors for purpose of appeal.
Failure to state a cause of action
- The basis of the allegation lacks cause of action. Determined
simply on the basis of the allegations in the complaint of the
plaintiff
- May still be curable by an amendment
- If MTD is denied, movant must file answer
- If MTD is granted, dismissal is without prejudice
- May be invoked as an affirmative defense in the pleading
Lack of cause of action
- Lack or insufficiency of cause of action is predominantly based
on the appreciation of evidence
- Lacks evidence so may be ground for demurrer of evidence
- If demurrer is denied, defendant shall have the right to
present evidence
- If demurrer is granted, dismissal is with prejudice. Hence,
remedy of the P is to file an appeal
- May be invoked in a motion for demurrer
** There can be a joinder of claims even if the amount does not
exceed 400k (exclusive cost and interest)  small claims case.
Right of action
- Right to relief granted by law to institute an action against a
person who has committed a delict or wrong against him.
RULE 3
** Civil action is always adversarial in character.
** Ang daming kinds of parties so pakicheck na lang pls.
What is the principle of standing beyond natural and juridical
persons?
- A standing or a right to pursue a case which is extended to a
certain type of parties who has the right to file the action or
the right to challenge the policies of the State
Real-party interest
- The party who stands to be benefited or injured by the
judgment in the suit, or the party entitled to the avails of the
sui
Indispensable party
- A real party-in-interest without whom no final determination
can be had of an action
- Joinder of IP is compulsory sine qua non for the exercise of
judicial power
Necessary party
- Is not one who is indispensable but, rather, one who ought to
be joined as a party if complete relief is to be accorded as to
those already parties
Alternative Defendants
- Where the plaintiff is uncertain against whom of several
persons he is entitled to relief, he may join any or all of them in
the alternative
Class suit
- Involves subject matter of the controversy is of common or
general interest to many persons so numerous which is
impracticable to bring them before the court and represented
by sufficient number for the benefit of all.
Death of the party (before entry of final judgment where the action
was pending at the time)
- Contractual money claims:
o Will not be dismissed but allowed until entry of final
judgment
o In case of favorable judgment, shall be enforced in the
manner esp. provided in these Rules
- Substitution of heirs is only for the heir to have the
opportunity to defend the right of the deceased
- Action that survives the death
o Recovery of money arising from contract
- May be commenced against the executor or administrator
upon a claim:
o Actions to recover real
o Recovery of personal property or interest or to enforce
a lien
o Action to recover damages for an injury to person,
property, real or personal, may be commenced against
him
- Actions cannot be brought against EXECAD
o Recovery of money (except when the action has been
commenced and pending at the time of death)
o Debt
o Interest thereon
Indigent Parties
- One who has no money or property sufficient and available for
food, shelter, and basic necessities
- Not really a pauper but is properly a person who is indigent
although not a public charge
- He has no property or income sufficient for his support aside
from his labor, even if he is self-supporting when able to work
and in employment.
Exemption of IP:
- Exemption from payment of docket and other lawful fees, and
of transcripts of stenographic notes which the court may order
to be furnished him
 - Amount of the docket and other lawful fees shall be a lien on - Action involving privity of contracts, damages, recovery of
any judgment rendered in the case favorable to the indigent, personal properties, and does not involve privity of real rights
unless the court otherwise provides - It refers to all other actions which are not real actions.

Indigent litigants Action for specific performance of real property

- One whose gross income and that of their immediate family do - Real action
not exceed an amount double the monthly minimum wage of
an employee, and who does not own real property with a fair Revival of judgment
market value of more than PHP300,000 - Look for the subject to be revived. If interest, title, position of
real property  real action
Exemption of IL: - If the decision to be revived involves real property, then venue
- Exempt from the payment of legal fees. is the location of the property
- The legal fees shall be a lien on any judgment rendered in the
case favorably to the indigent litigant, unless the court Action for interpleader
otherwise provides - If involves real property  real action

RULE 4 What are properties considered real?

- Real properties
Determining the venue of the action (3 actions to consider)
- Should be determined by determining whether it is a real ** The rule on exclusivity of venue does not apply in extra judicial
action or a personal action or a mixed action foreclosure of mortgage
- Not an action filed before the court and Rule 4 only applies to
Nature of character of venue actions in court and not to out of court proceedings
- Procedural
- Defense of venue cannot be raised first time on appeal Personal actions examples:
- Delivery of personal property or replevin
Real action - Collection of sum of money
- It is an action affecting title to or possession of real property, or - Interpleader over personal property
interest therein - Partition over personal properties
- Examples: - Damages
o Partition - Rescission of contract
o Real estate mortgage - Specific performance for the delivery of personal property
o Ejectment cases - Revival of judgment involving personal properties
o Quieting of title or removal of clouds - Small claims cases
o Publiciana - Action to recover the deficiency after extrajudicial foreclosure
o Reinvindicatoria of a real property mortgage
o Expropriation
o Forcible entry and unlawful detainer Venues:
- Real action
Personal action o Where the property is located or any portion thereof
- Personal action
 o Residence-plaintiff or defendant at the election of the - The defenses of a party are alleged in the answer to the
plaintiff pleading asserting a claim against him
- Non-resident defendant - or her.
o Place where the plaintiff resides - Answer
o Where the property of any portion thereof is situated or
found What are the affirmative defenses under the rules?
- Fraud;
Doctrine of exclusivity of venue
- Statute of limitations;
- It provides that when the parties expressly stipulated in their
written agreement on where the particular place the action - Release;
shall be filed, it shall be complied with. - Payment;
- Requirements: - Illegality;
o Must be a valid and binding agreement between parties - Statute of frauds;
entered into before the filing of the action - Estoppel;
- Former recovery;
Improper venue—Remedy - Discharge in bankruptcy; and
- Raise it as affirmative defense
- Any other matter by way of confession and avoidance.
- If granted, plaintiff may refile since dismissal is without
prejudice
- If not raised in the answer, deemed waived. Remedy? Appeal Affirmative defense:
after the final order and raise it as an error. - An allegation of a new matter which, while hypothetically
admitting the material allegations in the pleading of the
Motu priopio dismissal of the action based on improper venue claimant, would nevertheless prevent or bar recovery by him
- Court cannot motu proprio dismiss the case based on or her.
improper venue since it is only for the convenience of the
parties and not jurisdictional, and it is not one of the grounds
mentioned under Sec. 1, of Rule 9
Affirmative defenses that may be grounds for dismissal of the
- MTD is not allowed. Raise it as affirmative defense complaint
- No jurisdiction over the subject matter
Venue in summary procedure - Litis pendentia
- Cannot file MTD on the grounds of improper venue - Res judicata
- MTD is a prohibited pleading
Compulsory counterclaim
RULE 6
- A compulsory counterclaim, which a party has at the time the
What are the pleadings allowed under new rules? answer is filed, shall be contained in the answer because a
- Complaint; compulsory counterclaim not raised in the same action shall
- Counterclaim; be barred, unless otherwise allowed by these rules
- Cross-claim; third (fourth, etc.)-party complaint; or - Not an initiatory pleading
- Complaint-in- intervention.
Permissive Counterclaim
 - Not subject to the rule on compulsory counterclaims. Hence, it
may be set up as an independent action and will not be barred
contained answer complaint if not in an answer to the
complaint
- Initiatory pleading
- Must be accompanied by a certification against forum
shopping
(Check UP BOC page 43)
Compulsory counterclaim
Reply
- Plaintiff may only file a reply only if the defending party
attaches an actionable document to his or her answer
Rejoinder
- 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
2. Partial denials
a. Does not make a total denial of the material
allegations, but denies only a part of the averment
3. Denial through disavowal of knowledge
a. Made when the defendant alleges, he “is without
knowledge or information sufficient to form a belief as
to the truth of the material averments in the
complaint”
- If not raised in the answer, then it is barred
- There is a compulsory counterclaim to foreclosure of
mortgage, partition, ejectment cases, small claim cases BUT
you cannot recover by counterclaim on expropriation
proceedings against the State – prohibited
- No counterclaim with respect to prosecution of offenses,
amparo, habeas data – prohibited pleading
- Correlate CC with respect Sec 2 and Sec 3 of Rule 17.

** Correlate section 4 to section 5 of Rule 6 What is the effect of the dismissal in action with respect to CC raised
by the defending party?
In case of SCA - CC shall still subsist and may be prosecuted in the same case
- Answer by notice to the court within 30 days or prosecute it in a
separate action – the defendant already incurred expenses
Small claims case
- Verified response Permissive counterclaim
- Initiatory pleading; asserting a claim that does not arise in the
Amparo transaction or occurrence constituting the adverse party’s
- Response claim
- Not barred or deemed waived since it is not connected in the
3 kinds of denial opposing party’s claim
1. Absolute denial - If P did not answer  may be declared in default
a. Denial of all allegations
b. Negative pregnant - pregnant with the admission of Cross claim
the substantial facts in the pleading responded to - Any claim by one party against a co-party arising out of the
which are not squarely denied. transaction or occurrence that is the subject matter either of
 the original action or of a counterclaim therein. Such cross-
claim may cover all or part of the original claim
Rule on bringing in of new parties in Counter C and Cross C
- When the presence of parties other than those to the original
action is required for the granting of complete relief in the
determination of a counterclaim or cross- claim, the court
shall order them to be brought in as defendants, if jurisdiction
over them can be obtained.
Reply
- A reply is a pleading, the office or function of which is to deny,
or allege facts in denial or avoidance of new matters alleged
in, or relating to, said actionable document.
When can rejoinder be filed?
- 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.
Rule 7
** Pleading must contain address to make known to the court where
the pleadings or summons to be served
If the question deals with forum shopping:
1. Same parties
2. Same cause of action
3. Same relief prayed for
** lack in any one requirements = no forum shopping
** all initiatory pleadings shall contain certification against non forum
shopping – otherwise, this may be raised as an affirmative defense
under failure to comply condition precedent
Issuance of writ of possession is not an initiatory pleading, hence, no
need to contain certification against forum shopping
No certification for letters administration – 2nd pleading in response to
filing an action for probate
No amendment to cure the lack of certification against FS EXCEPT
when there is the existence of special and compelling reasons
Can the court motu propio dismiss the case in case of failure to
comply with the certification against forum shopping?
- No motu propio dismissal in case of failure to comply with the
certification against forum shopping since it requires notice
and hearing under Sec. 5, Rule 7, and it is not one of the
grounds mentioned under Sec. 1, Rule 9 on motu propio
dismissal.
XPN:
- Summary procedure
- Small claims
- Certiorari, prohibition, mandamus
- No CFS or defect in CFS
Who shall sign?
- Party pleader (plaintiff) or principal party
XPN:
- Counsel through SPA
Who shall notarize?
- Only notary publics or officers authorized to administer oath
Clerk of court cannot notarize CFS. It’s not part of his daily official
function.
For verification – there is a jurat
Substantial compliance rule 3. Judgment by default
- Belated filing of CFS is allowed
Motion for declaration of default
RULE 8 - Three (3) requirements before the defendant may be declared
in default shall be 1) motion in writing; 2) defendant must be
Failure to comply with a condition precedent: notified of the motion; 3) proof that defending party failed to
- Payment of docket fees file answer within the prescribe period
- Tender of payment
- CFS ** Defaulted party shall have the right to receive the substantially
- Exhaustion of admin remedies amended pleading
- ADR
- Earnest effort for compromise bet the same parties ** If the original pleading has already been amended from which the
- Unlawful Detainer – Demand to vacate order of default has derived, order of default should be lifted since
- Sum of money – Demand to pay there is no more basis to exist
- Barangay conciliation
Instances where declaration of default is not allowed:
Kinds of denial in amended rule: 1. Annulment of marriage
1. Absolute 2. Legal separation
2. Partial 3. Declaration of nullity of marriage
3. Denial by disavowal of knowledge
No default on:
RULE 9 1. Summary proceedings
2. Small claims
Omnibus motion rule 3. Amparo
4. Environmental cases
What is the remedy if the case is dismissed motu propio on the
ground of lack of jurisdiction over the subject matter? Order of default is interlocutory
- Refile since it is dismissal without prejudice
Remedy for judgment of default
But what about on the grounds of litis, res, and prescription? - File for MR or MNT
- Final order hence bars the refiling of the action. Appeal being ** If relief after judgment but before it has become final and
a final order. (Rule 41) executory
Rule 65 without TRO or injunction will not stop continuation of the
Default (effect of failure to plead) trial
1. Motion for declaration of default
2. Order of default ** If relief after judgment has become final and executory
 - May file a petition for relief
RULE 10
Can a pleading be amended if there is a motion to dismiss is already
filed?
- Yes. Even after a motion to dismiss has been filed by
defendant he plaintiff can still amend his complaint as a
matter of right, since a motion to dismiss is not a responsive
pleading within this rule
What if MTD is granted?
- You can still file depending if the judgment is final – no. But if
the order of dismissal is not final, then you can still amend
** Take note of Section 5 Rule 10
** If admissions are not included in the amended pleading, may be
treated as extrajudicial admission
RULE 11
** wala naman additional discussion si DT here. Mostly are found in
BOC and codal
RULE 12
What is the remedy in case of denial of the motion for bill of
particulars?
- In case of denial, file the responsive pleading within the
balance of the period he is entitled under the rules.
If granted, there will be a compliance with the order.
Bill of particulars is part of a pleading for which it is intended to be.
RULE 13
Another type of service:
Constructive service by registered mail: You will receive from the post
office a copy of the notice of the mail and after the lapse of 5 days
from the receipt of the first notice
What is lis pendens?
- Lis pendens which literally means pending suit refers to the
jurisdiction, power or control which a court acquires over the
property involved in a suit, pending the continuance of the
action, and until final judgment.
- May be availed in an action affecting the title or the right of
possession of real property, the plaintiff and the defendant,
when affirmative relief is claimed in his or her answer, may
record in the office of the registry of deeds of the province in
which the property is situated a notice of the pendency of the
action.
When does the notice of lis pendens deemed a constructive notice to
purchaser or encumbrancer?
- Only from the time of filing such notice for record shall a
purchaser, or encumbrancer of the propertyaffected thereby,
be deemed to have constructive notice of the pendency of the
action, and only of its pendency against the parties designated
by their real names.
What are the actions where Lis pendens is proper?
- an action to recover possession of real estate;
- an action to quiet title thereto;
- an action to remove clouds thereon;
- an action for partition; and
- any other proceedings of any kind in Court directly affecting
the title to the land or the use or occupation thereof or the
buildings thereon.
** Not applicable in land registration cases
What are the grounds for cancellation of lis pendens?
- It is intended for the purpose of molesting the adverse party;
- It is not necessary to protect the rights of the party who
caused it to be annotated
- Upon the dismissal/termination of the case.
Other recognized grounds for cancellation:
- there are exceptional circumstances imputable to the party
who caused the annotation;
- the litigation was unduly prolonged to the prejudice of the
other party because of several
- continuances procured by petitioner;
- the case which is the basis for the lis pendens notation was
dismissed for non-prosequitur on
- the part of the plaintiff; or
- judgment was rendered against the party who caused such a
notation.
What is the remedy?
- May appeal the order to the LRA En Consulta within 5 days
RULE 14
There are 2 ways where the court may acquire jurisdiction over the
defendant
1. Summons
2. Voluntary appearance
3 requisites where the court will entertain the civil action:
1. Jurisdiction over the subject matter
2. Jurisdiction over the person of the defendant
3. Territorial jurisdiction
What will the effect if there is s defective service of summons?
- The court did not acquire jurisdiction of the defending party –
proceeding will be null and void
What will be the remedy if the court proceeds with the case despite
acquiring jurisdiction over the person of the defendant?
- lack of jurisdiction being a valid ground for annulment of
judgments, circumstances that negate the court’s acquisition
of jurisdiction including defective service of summons are
causes for an action for annulment of judgments.
- This is in relation to Rule 47, sec 10
Original summons
- Upon receipt of summons duly served by the defendant
Alias summons
- In case of loss or destruction of summons, the court may,
upon motion, issue an alias summons.
** Plaintiff may serve summons together with the sheriff and
authorized by the court upon ex parte motion
If plaintiff misrepresents that the defendant was served summons –
may be subjected to fraud  dismissal is with prejudice
** Most preferred service of summons  personally serve the
summons on the defendant
Substituted Service
- (B) No definition of what type of residency so pwede yung
mga stay out of home maids
Sec 12 - wherever they may be found; so kahit naglalakad sa ayala
mall, pwede mong bigyan ng summons; customarily received the
correspondence  officers performing official function is regular
(disputable presumption) under Rule 131
** Summons is important because it is the reckoning point where a RULE 18
defendant may file a responsive pleading
Failure of defendant to appeal and the judgment in favor of plaintiff
Take note of Section 12 and 14 kasi wala pang tanong niyan sa Bar has attained final order  remedy: certiorari, relief from judgment,
collateral attack
Voluntary appearance
- Affirmative defenses or MTD EXCEPT lack of jurisdiction over How to file pre trial brief
the person  deemed a voluntary appearance 1. personal
2. private courier
Summons is suppletory character in special proceedings under 3. accredited courier
Section 2 Rule 72; also applies in SCA 4. email

No need to serve summons to the respondent in case of a petitions RULE 19

for writ of habeas corpus, certiorari, prohibition, mandamus, amparo,
data, since service of the Order of the Court/writ to the respondent How do you file a motion to intervene?
vests jurisdiction over his person. 1. File motion for leave
2. Attach pleading for intervention
Is summons required in amended pleadings?
- If nag-acquire na ng jurisdiction yung court pag file ng original ** Not allowed in small claims cases
complaint, no need for the service of summons in the
amended complaint RULE 23

**3rd party complaint, kailangan. Intervention, hindi. ** Not applicable in criminal cases

RULE 15 Who may take deposition

1. Judge
Is letter a motion? 2. Notary public
- Look if the action is a small claim asking for order or 3. Person authorized by the party
affirmative motion from the court
- under the provision of Sec. 3 (e) of the Revised 2016 Rules on Make a distinction between sec 25 and Rule 25
Small Claims Cases a motion is defined as - It is a verbal or
written request asking for an affirmative action from the court, RULE 35
which includes informal request or letter. Summary judgment is only applicable if the claim is:
1. Counterclaim
** motion is merely asking for a relief; must be in writing 2. Claim
3. Cross claim
 4. Declaratory relief a. Remedy for final order- appeal
b. Remedy for interlocutory order – Petition for certiorari
Judgment on the pleadings: under Rule 65
- Applicable on all the pleadings to the ordinary civil action 20. Judgment upon compromise
a. Nature of compromise agreement – immediately
A motion for judgment on the pleading and summary judgment is not executory
only applicable during pre-trial conference
Lahat ng judgment and final order must render judgment with legal
Both P and D may file for summary judgment and factual basis to inform the aggrieved party on how the case was
decided by the court – Right to Due Process
RULE 36
Remedies
Kinds of judgment Judgment before final and executory – MNT, MR, MTD, motion to
1. Judgment by confession reopen the case
2. Judgment upon the merits
3. Final judgment/order Judgment becomes final and executory – MR MNT not available;
4. Final and executory judgment when appeal or MR or MNT has petition for relief of judgment (but if MR and MNT is filed, P for relief
not been filed – raises the question of doctrine of immutability is not applicable)
5. Clarificatory judgment
6. Judgment nunc pro tunc – exceptions to immutability of Petition for annulment of judgment pag hindi nakapag avail ng P for
judgment relief, appeal, or MNT and MR
7. Judgment without prejudice
8. Summary judgment On the part of the plaintiff when judgment becomes final and
9. Several judgment – rendered by the court in cases involving executory: motion for writ of execution
several defendants
10. Separate judgment – determine issue of the case and there During execution stage ano yung mga pwedeng iavial:
will be judgment separately depending on the claim 1. motion for issuance writ of execution as a matter of right
11. Special judgment (Sec 11 Rule 39) 2. Discretionary, pending appeal
12. Judgment upon specific acts 3. Revival of judgment
13. Judgment on demurrer to evidence
14. Void judgment In case of denial for execution:
15. Amended and clarified judgment 1. Matter of right: file a mandamus
16. Supplemental judgment
17. Deficiency judgment Motion to quash writ of execution
18. Final order having the same effect of judgment
19. Interlocutory order – does not finally disposes action or issues