L.J.
CIVIL PROCEDURE
I. Actions based on subject matter
Real Action – actions affecting
title to or possession of real
property or an interest therein
Personal Action – one which is
not founded upon the privity of
real rights or real property.
II. Action based on permissible
venue
Local Action – action is brought
in a particular place. In the
absence = where the property is
located.
Transitory Action – action is
brought where the parties reside.
III. Actions based on the binding
effect of the relief sought
IN REM – directed to the res,
seeking to bind any person who
may have interest. Ex: Petition
for Adoption, Correction of
entries in birth cert; Annulment
or Nullity of Marriage.
IN PERSONAM - directly against
particular person to make him
personally liable. – Ex: Collection
for Sum of Money, Unlawful
Detainer, Forcible Entry, Action
for Specific Performance.
QUASI IN REM – directed against
particular persons and the
purpose of the action is to
subject his interest in a property
to a corresponding lien or
obligation. - Ex.:attachment,
foreclosure of mortgage, action
for partition, action for
accounting
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CAUSE OF ACTION
- Act or omission by which a party
violates the right of another.
RIGHT OF ACTION
- Right to a relief granted by law.
FAILURE TO STATE CAUSE OF ACTION –
insufficiency of the pleading
Remedy: Allege in the ANSWER as an
affirmative defense.
LACK OF CAUSE OF ACTION – evidence does
not prove the cause of action alleged in the
pleading.
Remedy: file a DEMURRER to EVIDENCE.
Test of Sufficiency of Cause of Action - CAN
THE COURT RENDER A VALID JUDGMENT IN
ACCORDANCE WITH THE PRAYER?
EFFECT OF SPLITTING CAUSE OF ACTION
-The filing of one suit or judgment upon the
merits of any one suit is a ground for the
dismissal of the others.
Remedy: MOTION TO DISMISS ( litis
pendentia or res judicata) or File an
ANSWER using the grounds as affirmative
defense.
Conditions for Joinder of Action
1. The party must comply with the rules on
Joinder of Parties – right of relief arises
from same transaction, common question of
law or fact
2. Shall not include special civil action or
actions governed by special rules.
3. If joinder pertains to different venues, it
may be allowed in the RTC, provided one of
the causes of action fall within the
jurisdiction of the court and the venue lies
therein.
4. Totality Rule - exclusive of the interests
and costs
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Misjoinder of COA is not a ground for
dismissal.
Remedy: It may on motion or party or motu
proprio be severed and proceeded with
separately.
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Indispensable Parties – the action cannot
proceed unless they are joined.* NO VALID
JUDGMENT IF INDISPENSABLE PARTY IS
NOT JOINED.
Necessary Parties – action can proceed
even in the absence of some necessary
parties.
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Jurisdiction – authority to hear and
determine a case
Venue – place where the case is to be
instituted.
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Pleadings – are the written statements of
the respective claims and defenses
General Rule: NEED NOT BE UNDER OATH,
VERIFIED OR ACCOMPANIED BY AFFIDAVIT.
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Exception: when otherwise specifically initiatory pleading has been filed (Rule 7,
required by law or rule. Sec. 5)

How pleadings are verified: By an affidavit of The following are considered initiatory
an affiant duly authorized to sign said pleadings:
verification.
a) Original civil complaint;
What should be alleged? b) Counterclaim;
c) Cross-claim;
1.not filed to harass
d) Third (fourth, etc.) party complaint; e)
2. factual allegations have evidentiary Complaint-in-intervention;and
support f) Any other petition, or application wherein
a party asserts his claim for relief.
3. allegations are true and correct based on
his/her personal knowledge or based on
authentic documents. Motion – application for relief other than by
a pleading
VERIFICATION IIS ONLY FORMAL AND NOT A
JURISDICTIONAL REQUIREMENT.THE _____________________________________________
COURTS MAY SIMPLY ORDER THE
Ultimate Facts – cannot be stricken down
CORRECTION OF THE PLEADINGS.
without leaving the statement of the cause
VERIFICATION IS REQUIRED FOR THE of action insufficient.
FOLLOWING:
Evidentiary Facts – necessary for the
1.R41 R42,R43,R45, R47,R58, determination of ultimate facts.
R59,R61,R64,R65,R66,R70,R71
Test of Sufficiency of Facts: Facts which are
2. Answer contesting the genuineness of an necessary for determination of ultimate
actionable document facts.

3. Summary Procedure _____________________________________________

4. Small Claims Cases Answer - pleading in which defendant sets

forth his or her defenses.
FORUM SHOPPING
a. Negative Defenses – specific denial
Three ways of committing forum shopping
*Negative Pregnant - denial,pregnant with
1.Litis Pendentia an admission of substantial facts
2.Res Judicata * General Denial – deemed admission of
3. Splitting Causes of Action averments.

CERTIFICATE AGAINST FORUM SHOPPING- b. Affirmative Defenses

certification under oath in the complaint or (in bold letters – may be raised at anytime
other initiatory pleading, or in a sworn subject only to estoppel and laches)
certification annexed thereto and
simultaneously filed therewith: (in red text : court may conduct summary
hearing)
1. that the plaintiff or principal party has not
theretofore commenced any action or filed A. Statute of limitations;
any claim involving the same issues in any Payment;
court, tribunal or quasi-judicial agency and, Illegality;
to the best of his knowledge, no such other Discharge in bankruptcy;
action or claim is pending therein; Estoppel;
Release;
2. that if there is such other pending action Statute of frauds;
or claim, a complete statement of the Other matter by way of confession and
present status thereof; and, avoidance;
3. that if he should thereafter learn that the Former recovery
same or similar action or claim has been Fraud.
filed or is pending, he shall report that fact
within five (5) calendar days therefrom to B. LACK OF JURISDICTION OVER THE
the court wherein his aforesaid complaint or SUBJECT MATTER; LITIS PENDENTIA; RES
JUDICATA;
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C. That the court has no jurisdiction over
the person of the defending party;
That venue is improperly laid;
The plaintiff has no legal capacity to sue
That the pleading asserting the claim states
no cause of action; and
That a condition precedent for filing the
claim has not been complied with
General Rule: The court shall motu proprio
resolve the affirmative defenses within
thirty (30) calendar days from the filing of
the answer
Exception: For affirmative defenses in
Section 5 (b) of Rule 6, the court may
conduct a summary hearing within fifteen
(15) calendar days from the filing of the
answer. Such affirmative defenses shall be
resolved by the court within thirty (30) days
from termination of summary hearing.
Test to determine whether a counterclaim is
compulsory or not.
1.Are the issues of facts and law of the claim
and counterclaim largely the same? YES
2. Would res judicata bar a subsequent suit
on defendant’s claim absent the compulsory
counterclaim rule? Yes
3. Same Evidence? Yes
4. Logical Relation between claim and
counterclaim? Yes
ALL YES = COMPULSORY COUNTERCLAIM
Compulsory Counterclaim – arises out of or
is necessarily connected with the
transaction that is the subject matter of the
opposing party’s claim; not an initiatory
pleading, no need to be accompanied by
CAFS.; BARRED IF NOT SET UP IN THE
ACTION.
Permissive Counterclaim – initiatory
pleading, should have CAFS, docket fee must
be paid. NOT BARRED EVEN IF NOT SET UP
IN THE ACTION.
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ORDER OF DEFAULT – issued by the court on
plaintiff’s motion and at the start of the
proceedings for failure of the defendant to
file his responsive pleading.(interlocutory)
EFFECT: Defendant loses his standing in
court and only entitled to received notice of
subsequent proceedings.
RELIEF: party in default may file →
Before Judgment: Motion to Lift Order of
Default ( that the failure to answer was due
to FRAUD, ACCIDENT, MISTAKE OR
EXCUSABLE NEGLIGENCE and that the party
declared in default has a meritorious
defense.
Motion for Reconsideration of the order
denying the motion to set aside order of
default.
( If motion for reconsideration is denied,
there is no remedy left because such order
is interlocutory, UNLESS there is a grave
abuse of discretion)
R65 – if there is grave abuse of discretion.
JUDGMENT BY DEFAULT – judgment
rendered by the court on the basis of the
complaint or after receiving plaintiff’s
evidence when the defendant was declared
in default. (final, appealable)
REMEDIES:
Motion for Reconsideration
Motion for New Trial
Petition for Relief from Judgment
Petition for Annulment of Judgment
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Filing – the act of submitting the pleading or
paper to the court.
MANNER: PERSONAL,
REGISTERED,ACCREDITED
COURIER,ELECTRONIC MEANS.( PRAE)
Service- is the act of providing a party with
a copy of the pleading or any other court
submission.
MANNER: PERSONAL,SERVICE BY MAIL,
SUBSTITUTED SERVICE,ELECTRONIC
MEANS, PRESUMPTIVE SERVICE.(PMSE)
PERIOD OF FILING PLEADINGS
Answer to a Complaint, 3rd/4th party
complaint – Within 30 days after the service
of summons, unless different period fixed by
court.
Additional period of not more than 30 days.
Defendant is allowed to file one motion for
extension to file an answer.
Answer to Amended Complaint – within 30
calendar days after being served with the
amended complaint.
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If not as a matter of right - 15 calendar days
from notice of the order admitting the same.
Answer to a complaint in intervention –
Within 15 calendar days
Reply - Within calendar days
Answer to cross claim or counterclaim –
Within 20 calendar days from service.
Answer to a supplemental complaint –
Within 20 calendar days
Answer of a defendant FOREIGN PROVATE
JURIDICAL ENTITY – with resident agent –
within 30 calendar days.
No resident agent but has agent, director or
trustee – within 30 calendar days.
If no resident agent, director, trustee -
within 60 calendar days
Answer to a complaint on Summary
Procedure – Within 10 days from service of
summon.
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Omnibus Motion Rule - all available
objections be included in a party’s motion
otherwise said objections shall be deemed
waived and the only grounds the court could
take cognizance of even if not pleaded are:
1.Lack of Subject Matter Jurisdiction
2.Litis Pendentia
3.Res Judicata
4. Prescription
Prohibited Motions
1.Motion to Dismiss
Except: 1.Lack of Subject Matter
Jurisdiction; Litis Pendentia; Res Judicata;
Prescription
2.Motion to hear affirmative defenses
3.Motion for reconsideration of the court’s
action on affirmative defense
4. Motion to suspend proceedings without a
temporary restraining order or injunction
issued by higher court.
5. Motion for extension to file pleadings,
affidavits or papers except motion for
extension to file answer.
6. Motion for postponement intended for
delay except acts of god, force majeure,
physical inability of witness.
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Dismissal with Prejudice – one made by the
court after adjudication on the merits.
Remedy: Appeal – R41
Dismissal without Prejudice
Remedy: Special Civil Action – R65
*R40S8 – if dismissal was made in the
inferior court and it was due to lack of
jurisdiction over the subject matter, the
remedy of appeal may be taken.
Two Dismissal Rule
Plaintiff has twice dismiss the action
Based on or including the same claim
In a court of competent jurisdiction
*cannot refile the claim because of RES
JUDICATA – Dismissal with Prejudice
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PRETRIAL – is a procedural device intended
to clarify and limit the basic issues between
the parties.
When Conducted: After the last responsive
pleading has been served and filed, the Clerk
or Court shall issue within 5 calendar days
from filing a notice of pretrial which shall be
set not less than 60 calendar days from the
filing of the last responsive pleading.
*After Pre-Trial and after issues are joined,
the court shall refer the party to mandatory
court annexed mediation which shall not
exceed 30 calendar days without further
extension.
*Judicial Dispute Resolution – ONLY if the
judge to which the case is originally raffled
is convinced that the settlement is still
possible, the case may be referred to
another court for JDR.
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MODES OF DISCOVERY
Deposition Pending Action and Deposition
Before Action or Pending Appeal
How? →Oral examination or Written
Interrogatories
PENDING ACTION – upon ex parte motion.
BEFORE ACTION OR PENDING APPEAL – file
a verified petition in the court of the place of
the residence of any expected adverse party.
A deponent may be examined regarding any
matter which is relevant to the subject of the
pending action
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What are the purposes for which a
deposition be used?
(a) Any deposition may be used by any party
for the purpose of contradicting or
impeaching the testimony of the deponent
as a witness;
(b) The deposition of a party or of anyone
who at the time of taking the deposition was
an officer, director, or managing agent of a
public or private corporation, partnership, or
association which is a party may be used by
an adverse party for any purpose;
(c) The deposition of a witness, whether or
not a party, may be used by any party for any
purpose if the court finds:
(1) that the witness is dead; or
(2) that the witness resides at a distance
more than one hundred (100) kilometers
from the place of trial or hearing, or is out of
the Philippines, unless it appears that his or
her absence was procured by the party
offering the deposition; or
(3) that the witness is unable to attend or
testify because of age, sick ness, infirmity,
or imprisonment; or
(4) that the party offering the deposition has
been unable to procure the attendance of the
witness by subpoena; or
(5) upon application and notice, that such
exceptional circumstances exist as to make
it desirable, in the interest of justice and with
due regard to the importance of presenting
the testimony of witnesses orally in open
court, to allow the deposition to be used; and
(d) If only part of a deposition is offered in
evidence by a party, the adverse party may
require him or her to introduce all of it
which is relevant to the part introduced, and
any party may introduce any other parts.
Written Interrogatories - Upon ex
parte motion, any party desiring to elicit
material and relevant facts from any
adverse parties shall file and serve upon the
latter written interrogatories to be
answered by the party served or, if the party
served is a public or private corporation or
a partnership or association, by any officer
thereof competent to testify in its behalf
Request for Admission - - At any time after
issues have been joined, a party may file and
serve upon any other party a written request
for the admission by the latter of the
genuineness of any material and relevant
document described in and exhibited with
the request or of the truth of any material
and relevant matter of fact set forth in the
request.
Production or inspection of documents or
things - Upon motion of any party showing
good cause therefor, the court in which an
action is pending may
(a) order any party to produce and permit
the inspection and copying or
photographing, by or on behalf of the moving
party, of any designated documents, papers,
book s, accounts, letters, photographs,
objects or tangible things, not privileged,
which constitute or contain evidence
material to any matter involved in the action
and which are in his or her possession,
custody or control; or
(b) order any party to permit entry upon
designated land or other property in his or
her possession or control for the purpose of
inspecting, measuring, surveying, or
photographing the property or any
designated relevant object or operation
thereon.
The order shall specify the time, place and
manner of making the inspection and taking
copies and photographs, and may prescribe
such terms and conditions as are just.
Physical and Mental Examination of Persons
- The order for examination may be made
only on motion for good cause shown and
upon notice to the party to be examined and
to all other parties, and shall specify the
time, place, manner, conditions and scope of
the examination and the person or persons
by whom it is to be made.
Refusal to Comply with Modes of Discovery
Refusal to Answer oral or written
interrogatories –
Application to compel refusing party to
answer is granted: refusal to answer is
without substantial justification, court may
require the refusing party to pay the
proponent the amount of the reasonable
expenses.
Application Denied filed without justification:
proponent pays the refusing party the
reasonable fees.
Refusal to answer designated questions;
Refusal to produce documents submit to
physical or mental examination - matters
regarding which the questions were asked,
or any other designated facts shall be taken
L.J.T
to be established for the purposes of the
action in accordance with the claim of the
party obtaining the order;
refusing to allow the disobedient party to
support or oppose designated claims or
defenses or prohibiting him or her from
introducing in evidence designated
documents or things or items of testimony,
or from introducing evidence of physical or
mental condition;
striking out pleadings or parts thereof, or
staying further proceedings until the order
is obeyed, or dismissing the action or
proceeding or any part thereof, or rendering
a judgment by default against the
disobedient party;
In lieu of any of the foregoing orders
or in addition thereto, an order
directing the arrest of any party or
agent of a party for disobeying any
of such orders except an order to
submit to a physical or mental
examination
Refused to be sworn - contempt
Refusal to admit or serve a sworn denial
(ADMISSION BY ADVERSE PARTY) – if
genuiness of document or truth of such
matter is proven, the other party may be
required by the court to pay the requesting
party, reasonable fees.
Failure of the party to attend or serve
answer to written interrogatories – strike
out the all or any parts of the pleading of the
disobedient party; dismiss the action ; enter
a judgment by default against disobedient
party and in its discretion, order payment of
reasonable fees
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TRIAL
The initial presentation of plaintiff’s
evidence shall be set not later than thirty
(30) calendar days after the termination of
the pre-trial conference.
Plaintiff shall be allowed to present its
evidence within a period of three (3) months
or ninety (90) calendar days which shall
include the date of the judicial dispute
resolution, if necessary;
ii. The initial presentation of defendant’s
evidence shall be set not later than thirty
(30) calendar days after the courts ruling on
plaintiffs formal offer of evidence. The
defendant shall be allowed to present its
evidence within a period of three (3) months
or ninety (90) calendar days;
iii. The period for the presentation of
evidence on the third (fourth, etc.)-party
claim, counterclaim or cross-claim shall be
determined by the court the total of which
shall in no case exceed ninety (90) calendar
days; and
iv. If deemed necessary, the court shall set
the presentation of the parties respective
rebuttal evidence, which shall be completed
within a period of thirty (30) calendar days.
(b) The trial dates may be shortened
depending on the number of witnesses to be
presented, provided that the presentation of
evidence of all parties shall be terminated
within a period of ten (10) months or three
hundred (300) calendar days. If there are
no third (fourth, etc.)-party claim,
counterclaim or cross-claim, the
presentation of evidence shall be terminated
within a period of six (6) months or one
hundred eighty (180) calendar days.
(c) The court shall decide and serve copies
of its decision to the parties within a period
not exceeding ninety (90) calendar days
from the submission of the case for
resolution, with or without memoranda. (n)
Trial shall be held from Monday to Thursday,
and courts shall call the cases at exactly
8:30 a.m. and 2:00 p.m. pursuant to
Administrative Circular No. 3-99. Hearing on
motions shall be held on Fridays, pursuant
to Section 8, Rule 15.
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Demurrer to Evidence - After the plaintiff
has completed the presentation of his or
her evidence, the defendant may move for
dismissal on the ground that upon the facts
and the law the plaintiff has shown no right
to relief. If his or her motion is denied, he or
she shall have the right to present evidence.
If the motion is granted but on appeal the
order of dismissal is reversed, he or
she shall be deemed to have waived the
right to present evidence.
The order denying the demurrer to
evidence shall not be subject of an appeal
or petition for certiorari, prohibition
or mandamus before judgment
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Judgment on the Pleadings – answer fails
to tender an issue or otherwise admits
material allegations; based solely on the
pleadings
Summary Judgments – no genuine issue as
to existence of material fact; based on
pleadings; depositions; admissions.
JUDGMENTS, FINAL ORDERS AND ENTRY
THEREOF
A judgment or final order determining
the merits of the case shall be in writing
personally and directly prepared by the
judge, stating clearly and distinctly the
facts and the law on which it is based,
signed by him, and filed with the clerk
of the court.
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POST JUDGMENT REMEDIES
Motion for New Trial - N-FAME-N
-Fraud, Accident, Mistake, Excusable
Negligence
-Newly discovered evidence
Motion for Reconsideration - REID
- Excessive damages awarded
- Insufficient evidence
- Decision contrary to law
RELIEF FROM JUDGMENTS, ORDERS, OR
OTHER PROCEEDINGS
- When a judgment or final order is entered,
or any other proceeding is thereafter taken
against a party in any court through fraud,
accident, mistake, or excusable negligence,
he may file a petition in such court and in the
same case praying that the judgment, order
or proceeding be set aside.
Period: 60 days after the petitioner learns of
the judgment; not more than 6 months after
such judgment was entered.
ANNULMENT OF JUDGMENT OR FINAL
ORDERS AND RESOLUTIONS
-available when the ordinary remedies of
new trial, appeal, petition for relief or other
appropriate remedies are no longer
available THROUGH NO FAULT OF THE
PETITIONER.
Filed in RTC in case of judgment of final
orders of MTC
Filed in CA in case of final judgment of RTC.
GROUNDS:
EXTRINSIC FRAUD - must be filed within 4
years
LACK OF JURISDICTION – before the action
is barred by estoppel or laches.
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EXECUTION, SATISFACTION AND EFFECT OF
JUDGMENTS
- A final and executory judgment or order
may be executed on motion within five
(5) years from the date of its entry. After
the lapse of such time, and before it is
barred by the statute of limitations, a
judgment may be enforced by action.
The revived judgment may also be
enforced by motion within five (5) years
from the date of its entry and thereafter
by action before it is barred by the
statute of limitations.
Property exempt from execution.
- Except as otherwise expressly provided by
law, the following property, and no other,
shall be exempt from execution:
(a) The judgment obligors family home as
provided by law, or the homestead in which
he resides, and land necessarily used in
connection therewith;
(b) Ordinary tools and implements
personally used by him in his trade,
employment, or livelihood;
(c) Three horses, or three cows, or three
carabaos, or other beasts of burden, such as
the judgment obligor may select necessarily
used by him in his ordinary occupation;
(d) His necessary clothing and articles for
ordinary personal use, excluding jewelry;
(e) Household furniture and utensils
necessary for housekeeping, and used for
that purpose by the judgment obligor and his
family, such as the judgment obligor may
select, of a value not exceeding one hundred
thousand pesos;
(f) Provisions for individual or family use
sufficient for four months;
(g) The professional libraries and equipment
of judges, lawyers, physicians, pharmacists,
dentists, engineers, surveyors, clergymen,
teachers, and other professionals, not
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exceeding three hundred thousand pesos in

value;

(h) One fishing boat and accessories not

exceeding the total value of one hundred
thousand pesos owned by a fisherman and
by the lawful use of which he earns his
livelihood;

(i) So much of the salaries, wages, or

earnings of the judgment obligor for his
personal services within the four months
preceding the levy as are necessary for the
support of his family;

(g) Lettered gravestones;

(k) Monies, benefits, privileges, or annuities

accruing or in any manner growing out of
any life insurance;

(l) The right to receive legal support, or

money or property obtained as such
support, or any pension or gratuity from the
Government;

(m) Properties specially exempted by law.

But no article or species of property

mentioned in this section shall be exempt
from execution issued upon a judgment
recovered for its price or upon a judgment
of foreclosure of a mortgage thereon. (12a)