Part 1 I-II, O

kore.bliss 1 Atty.
BC
PART 1
FIRST LEVEL COURTS
I. GENERAL PRINCIPLES
A.
Substantive Law Remedial Law
Part of the law which creates, defines or Prescribes the methods of enforcing those rights
regulates rights concerning life, liberty or and obligations created by substantive law.
property or the powers of agencies or
instrumentalities for the administration of public
affairs, which when violated gives rise to a cause
of action.
Creates vested rights. Does not create vested rights.
Generally prospective in application GR: May be applies retroactively
XPNs:
1. The statute itself expressly or by necessary
implication provides that pending actions are
excepted from its operation;
2. If applying the rule to pending proceedings
would impair vested rights;
3. Under appropriate circumstances, courts may
deny the retroactive application of procedural
laws in the event that do so would not be feasible
or would work injustice; or
4. If to do so would involve intricate problems of
due process or impair the independence of the
courts.
Enacted by Congress Promulgated by the Supreme Court.
NOTE: If the rule takes away a vested right, it is not procedural. If the rule creates a right such as the
right to appeal, it may be classified as substantive matter, but if it operates as a means of
implementing an existing right, then the rule deals merely with procedure.
B. RULE-MAKING POWER OF THE SUPREME COURT

It has the power to promulgate rules concerning: (Pro-PAILa)
1. The protection and enforcement of constitutional rights;
2. Pleading, practice, and procedure in all courts;
3. The admission to the practice of law;
4. Legal assistance to the underprivileged. (Art.VIII, Sec 5[5], 1987 Constitution)
GR: Compliance with procedural rules is the general rule, and abandonment thereof should only be
done in the most exceptional circumstances.
XPNs: a. The power of the Supreme Court to suspend its own rules or to except a particular case from
its operations whenever the purposes of justice require it cannot be questioned. The rules of
procedure should be viewed as mere tools designed to facilitate the attainment of justice. Their strict
and rigid application, which would result in technicalities that tend to frustrate rather than promote
substantial justice, must always be avoided. (De Guzman v. Sandiganbayan, G.R. No. 103276, April 11,
1996).
b. The power to suspend or even disregard rules can be so pervasive and compelling as to
alter even that which the Supreme Court itself had already declared to be final. (Apo Fruits
Corporation v. Landbank of the Philippines, G.R. No. 154195, October 12, 2010).
c. Where strong considerations of substantive justice are manifest on the petition, the strict
application of the rules of procedure may be relaxed, in the exercise of its equity jurisdiction. A rigid
application of the rules of procedure will not be entertained if it will obstruct rather than serve the
broader interests of justice in the light of the prevailing circumstances in the case under
consideration. (CTMC Int’l v. Bhagis Int’l Corp., G.R. No. 170488, December 10, 2012)
C. PRINCIPLE OF JUDICIAL HIERARCHY

Under the doctrine of hierarchy of courts, where courts have concurrent jurisdiction over a
subject matter, such concurrence of jurisdiction does not grant the party seeking relief the absolute
freedom to file a petition in any court of his choice. Pursuant to this principle, a case must be filed
first before the lowest court possible having the appropriate jurisdiction, except if one can advance a
special reason which would allow a party a direct resort to a higher court. (Riano, 2019)
The principle requires that resort must first be made to the lower-ranked court exercising
concurrent jurisdiction with a higher court. (Osmeña III v. Abaya, G.R. No. 214756, January 13, 2016)
Two-fold rationale:
a. It would be an imposition upon the limited time of the court; and
b. It would inevitably result in a delay, intended or otherwise, in the adjudication of cases, which
in some instances, had to be remanded or referred to the lower court as the proper forum under
the rules of procedure, or as better equipped to resolve the issues because the Court is not a
trier of facts.
When the doctrine of hierarchy of courts may be disregarded:
kore.bliss 2 Atty.BC
1. The SC, however, may be disregard the principle if warranted by the nature and importance of
the issues raised in the interest of speedy justice and to avoid future litigations (Declarador v.
Bansales, 499 SCRA 341, 348, citing Fortich v. Corona, 289 SCRA 624)
2. In relation to cases filed with the SC, a direct resort to it was allowed in certain cases, like:
a) When there are special and important reasons clearly stated in the petition;
b) When dictated by public welfare and the advancement of public policy;
c) When demanded by the broader interest of justice;
d) When the challenged orders were patent nullities;
e) When analogous exceptional and compelling circumstances called for and justified the
immediate and direct handling by the Court (Republic v. Caguioa, 691 SCRA 306, 316-317,
February 20, 2013) or
f) When there are genuine issues of constitutionality that must be addressed at the most
immediate time (The Dioces of Bacolod v. Commission on Elections, G.R. No. 205728, January
21, 2015)
D. DOCTRINE OF NON-INTERFERENCE /JUDICIAL STABILITY

The doctrine of non-interference/judicial stability holds that courts of equal and coordinate
jurisdiction cannot interfere with each other’s orders (Lapu-Lapu Development and Housing
Corporation v. Group Management Corporatio, 388 SCRA 493, 508, citing People v. Woolcock, 244 SCRA
235).
The principle also bars a court from reviewing or interfering with the judgment of a co-equal
court over which it has no appellate jurisdiction or power of review (Villamor v. Salas, 203 SCRA 540,
543).
The doctrine of non-interference applies with equal force to administrative bodies. When the
law provides for an appeal from the decision of an administrative body to the SC or CA, it means that
such body is co-equal with the RTC in terms of rank and stature, and logically beyond the control of
the latter (Philippine Sinter Corporation v. Cagayan Electric Power and Light Co., Inc., 381 SCRA 582,
591)
E. JURISDICTION
The power and authority of a court to try, hear, decide a case and the power to enforce its
determination. (UST Golden Notes 2021-22)
1. Original vs. Appellate

Original jurisdiction is the power of the Court to take judicial cognizance of a case
instituted for judicial action for the first time under conditions provided by law. Appellate
jurisdiction is the authority of a Court higher in rank to re-examine the final order or judgment of a
lower Court which tried the case now elevated for judicial review. (Garcia v. De Jesus, G.R. Nos. 88158
& 97108-09, 4 March 1992)
2. General vs. Special
Courts of general jurisdiction are those with competence to decide on their own
jurisdiction and take cognizance of all cases of a particular nature. Courts of special jurisdiction are
those which have jurisdiction only for a particular purpose or clothed with special powers for the
performance of specified duties beyond which they have no authority of any kind.
3. Exclusive and Concurrent
Exclusive jurisdiction precludes the idea of co-existence and refers to the exclusion of
others. Concurrent jurisdiction is also called coordinte jurisdiction. It is the power of different
courts to take cognizance of the same subject matter. Where such jurisdiction exists, the court first
taking cognizance of the case assumes jurisdiction to the exclusion of the other courts.
4. Continuity of Jurisdiction
The doctrine of adherence of jurisdiction means that once jurisdiction has attached, it cannot
be ousted by subsequent happenings or events, although of a character which would have prevented
jurisdiction from attaching in the first instance. The court, once jurisdiction has been acquired,
retains that jurisdiction until it finally disposes of the case.
Otherwise stated, once jurisdiction is vested, the same is retained up to end of the litigation.
(Riano, 2016)
Even the finality of the judgment does not totally deprive the court of jurisdiction over the
case. What the court loses is the power to amend, modify, or alter the judgment. Even after the
judgment has become final, the court retains jurisdiction to enforce and execute it.
XPNs:
a. There is an express provision in the statute, or
b. The statute is clearly intended to apply to actions pending before its enactment. (People v.
Cawaling, 293 SCRA 267, 288)
5. Original Jurisdiction of Various Philippine courts

a. SUPREME COURT
a) As a rule, cases are not filed originally with the SC. The rule is, however, subject to certain
exceptions. Subject to the doctrine of hierarchy of courts, only the following may be filed
originally with the SC: (CPMQHDiProCa)
i. Petition for certiorari;
ii. Petition for prohibition;
iii. Petition for mandamus;
iv. Petition for quo warranto;
v. Petition for habeas corpus;

vi. Disciplinary proceedings against members of the judiciary and attorneys; and
vii. Cases affecting ambassadors, other public ministers, and consuls (Sec. 1, Rule 56, ROC)
b) A petition for a writ of amparo may also be filed directly with the SC (Sec. 3, The Rules on
the Writ of Amparo) aside from the other courts mentioned. A petition for writ of habeas
data may also be filed directly with the SC (Sec. 3, The Rules on the Writ of Habeas Data).
c) The SC has exclusive original jurisdiction in petitions for certiorari, prohibition, and
mandamus against the:
i. Court Appeals
ii. Commission on Elections
iii. Commission on Audit
iv. Sandiganbayan
v. Court of Tax Appeals
d) Concurrent original jurisdiction with the Court of Appeals in petitions for certiorari,
prohibition, and mandamus against the:
i. Regional Trial Court
ii. Civil Service Commission
iii. Central Board of Assessment Appeals
iv. National Labor Relations Commission
v. Other quasi-judicial agencies
e) Concurrent original jurisdiction with the Court of Appeals and the Regional Trial Court in
petitions for certiorari, prohibition, and mandamus against lower courts and bodies, and in
petitions for quo warranto and habeas corpus. This jurisdiction is subject to the doctrine of
hierarchy of courts.
f) Concurrent original jurisdiction with the Regional Trial Court in cases affecting
ambassadors, public ministers, and consuls.
g) Under the Constitution of the Philippines, the following cases should be heard by the SC en
banc:
i. All cases involving the constitutionality of a treaty, international or executive
agreement, or law (Sec 4[2], Art. VIII);
ii. All cases which, under the Rules of Court, are required to be heard en banc (Sec. 4[2],
Art. VIII);
iii. All cases involving the constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances, and other regulations (Sec. 4
[2], Art VIII);
iv. Cases heard by a division when the required number in the division is not obtained
(Sec.4 [3], Art. VIII);
v. Cases involving a modification or reversal of a doctrine or principle of law laid down
previously by the Supreme Court in a decision rendered en banc or by a division (Sec.
4[3], Art. VIII);
vi. Cases involving the discipline of judges of lower courts (Sec. 11, Art. VIII);
vii. Contests relating to the election, returns, and qualifications of the President or Vice-
President (Sec. 4, Art. VIII).
b. COURT OF APPEALS
a) The Court of Appeals shall exercise jurisdiction over the following cases:
i. Exclusive original jurisdiction in actions for the annulment of the judgments of
Regional Trial Courts (Sec. 9[2], B.P. 129, as amended)
ii. Concurrent and original jurisdiction with the SC to issue writs of certiorari,
prohibition, and mandamus against the (a) RTC, (b) Civil Service Commission, (c)
other quasi-judicial agencies mentioned in Rule 43, and (e) National Labor Relations
Commission. Following the doctrine of hierarchy of courts, the petition for certiorari
against the NLRC must be first be filed with the Court of Appeals.
iii. Concurrent and original jurisdiction with the SC and the RTC to issue writs of
certiorari, prohibition, and mandamus against lower courts and bodies and also writs
of quo warranto and habeas corpus.
iv. Actions for annulment of judgments of RTC based upon extrinsic fraud or lack of
jurisdiction. (Sec. 9 B.P. 129; Rule 47, 1997 Rules of Civil Procedure)(UST Golden Notes
20/21)
v. Actions for annulment of judgments of RTC (Sec. 9, B.P. 129);
vi. Crimes of Terrorism under the Human Security Act of 2007 or RA 9372.
c. COURT OF TAX APPEALS

a) In tax collection cases involving final and executory assessments for taxes, fees, charges
and penalties where the principal amount of taxes and fees, exclusive of charges and
penalties claimed is not less than One million pesos.
b) All criminal cases arising from violation of the NIRC of the TCC and other laws, part of laws,
or special laws administered by the BIR or the BOC where the principal amount of taxes
and fees, exclusive of charges and penalties claimed is less than one million pesos or where
there is no specified amount claimed (the offenses or penalties shall be tried by the regular
courts and the jurisdiction of the CTA shall be appellate).
d. SANDIGANBAYAN
a) Violation of R.A. No. 3019, as amended or otherwise known as the Anti-Graft and Corrupt
Practices Act, Book II of the RPC, where one or more of the accused officials occupying the
following positions in the government, whether in a permanent, acting or interim capacity,
at the time of the commission of the offense:
i. Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as Grade ’27’ and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and
provincial treasurers, assessors, engineers, and other provincial department heads:
b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department heads;
c) Officials of the diplomatic service occupying the position of consul and higher;
d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
e) Officers of the Philippine National Police while occupying the position of provincial
director and those holding the rank of senior superintendent and higher;
f) City and provincial prosecutors and their assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;
g) Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations.
ii. Members of Congress and officials thereof classified as Grade ‘27’ and higher under the
Compensation and Position Classification Act of 1989;
iii. Members of the judiciary without prejudice to the provisions of the Constitution;
iv. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of
the Constitution; and
v. All other national and local officials classified as Grade ‘27’ and higher under the Compensation
and Position Classification Act of 1989.
b. Other offenses or felonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subsection a of this section in relation to their office.
c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and
14-A, issued in 1989.
Exclusive original jurisdiction thereof shall be vested in the proper RTC, MeTC, MTC and
MCTC, as the case may be, in cases where none of the accused occupying positions corresponding to
the Salary Grade ‘27’ or higher, or military and PNP officers mentioned above. (Sec. 4, P.D. 1606, as
amended by R.A. 10660)
e. REGIONAL TRIAL COURT

1. Exclusive Original Jurisdiction (Criminal cases)
a) Criminal cases not within exclusive jurisdiction of any court, tribunal or body (Sec. 20, B.P.
129):
i. Cases where the penalty provided by law exceeds 6 years imprisonment
irrespective of the fine (R.A. 7691); and
ii. Cases not falling within the exclusive original jurisdiction of the Sandiganbayan where
the imposable penalty is imprisonment more than 6 years and none of the
accused is occupying positions classified as “Grade 27” and higher (Sec. 4, P.D.
1606, as amended by RA 8249)
b) Cases where the only penalty provided by law is a fine exceeding Php 4,000.00;
c) Other laws which specifically lodge jurisdiction in the RTC:
i. Law on written defamation or libel;
ii. Decree on Intellectual property; and
iii. Violations of Dangerous Drugs Act regardless of the penalty except when the
offender is under 16 and there are Juvenile and Domestic Relations Court in the
province;
d) Cases falling under the Family courts in areas where there are no Family Courts (Sec. 24,
B.P.); and
e) Election offenses (Omnibus Election Code) even if committed by an official with salary
grade of 27 or higher.
2. Exclusive original jurisdiction (Civil Cases)
a) In all civil actions in which the subject of the litigation is incapable of pecuniary
estimation:
b) In all civil actions which involve the title to, or possession of, real property, or any
interest therein, where the assessed value of the property involved exceeds P20,000 or civil
actions in Metro Manila, where such value exceeds P50,000 excepts actions for forcible
entry into and unlawful detainer of lands or buildings, original jurisdiction over which is
conferred upon the MeTC, MTC, and MCTC;
c) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds
P300,000 or in, Metro Manila, where such demand or claim exceeds P400,000;
d) In all matters of probate, both estate and intestate, where the gross value of the estate
exceeds P300,000 or, in probate matters in Metro Manila, where such gross value exceeds
P400,00;
e) In all actions involving the contract of marriage and marital relations;
f) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-
judicial functions;
g) In all civil actions and special proceedings falling within the exclusive original jurisdiction
of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as
now provided by law; and
h) In all other cases in which the demand, exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs or the value of the property in controversy
exceeds P300,000 or, in such other cases in Metro Manila, where the demand exclusive of
the abovementioned items exceeds P400,00. (Sec. 19, B.P. 129, as amended by R.A. No. 7691)
Test to determine whether an action is capable of peuniary estimation
The criterion is the nature of the principal action or the remedy sought. If it is primarily
for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and
whether jurisdiction is in the MTCs or in the RTCs would depend on the amount of the claim.
However, where the basic issue is something other than the right to recover a sum of money,
where the money claim is purely incidental to, or a consequence of, the principal relief sought like
specific performance suits and in actions for support, or for annulment of a judgment or foreclosure
of mortgage, such actions are incapable of pecuniary estimation, and are cognizable exclusively by
the RTCs. (Barangay Piapi v. Talip, G.R. No. 138248, September 7, 2005)
f. FAMILY COURTS
1. Exclusive Original Jurisdiction (Civil Cases)
a) Petitions for guardianship, custody of children, habeas corpus in relation to minor;
b) Petitions for adoption of children and its revocation;
c) Complaints for annulment and declaration of nullity of marriage and those relating of
marital status and property relations of spouses or those living together under different
status and agreements; and petitions for dissolution of conjugal partnership of gains;
d) Petitions for support and/or acknowledgement;
e) Summary judicial proceedings under the Family Code of the Philippines;
f) Petitions for declaration of status of children as abandoned, dependent or neglected
children, petitions for voluntary or involuntary commitment of children, the suspension,
termination, or restoration of parental authority and other cases cognizable under PD 603,
EO 56 (Series of 1986) and other related laws; and
g) Petitions for the constitution of the family home (rendered unnecessary by Art. 153, Family
Code). (Sec. 5, RA 8369)
2. Exclusive Original Jurisdiction (Criminal Cases)
a) Where one or more of the accused is/are below 18 years of age but not less than 9 years
age;
b) When one or more of the victims is a minor at the time of the commission of the offense (RA
8369, Act Establishing the Family Courts);
c) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
d) Violations of RA 7610 or the Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act, as amended by RA 7658; and
e) Cases of domestic violence against:
i. Women - involving acts of gender-based violence that result, or likely to result in
physical, sexual or psychological harm or suffering to women; and other forms of
physical abuse such as battering or threats and coercion which violate a woman’s
personhood, integrity and freedom of movement; and
ii. Children - which include the commission of all forms of abuse, neglect, cruelty,
exploitation and all other conditions prejudicial to their development. (Sec. 5, RA 8369)
g. MeTC, MTCC, MCTC and MCTC

1. Exclusive Original Jurisdiction (Civil Cases)
a) Actions involving personal property where the value of the property does not exceed
P300,000 or, in Metro Manila P400,000;
b) Actions for claim of money where the demand does not exceed P300,000 or, in Metro
Manila P400,000;
c) Probate proceedings, testate or intestate, where the value of the estate does not exceed
P300,00 or; in Metro Manila P400,000;
Note: In the foregoing, claim is exclusive of interest, damages, attorney’s fees, litigation
expense, and cost. (Sec. 33 BP 129 as amended by RA 7691)
d) Actions involving title to or possession of real property or any interest therin where the
value or amount does not exceed P20,000 or, in Metro Manila P50,000 exclusive of interest,
damages, attorney’s fees, litigation expense, and costs (2008 Bar);
e) Maritime claims where the demand or claims does not exceed P300,000 or, in Metro Manila
P400,000 (Sec 33, BP 129, as amended by RA 7691);
f) Inclusion or exclusion of voters (Sec 138, BP 881);
g) Those covered by the Rules on Summary Procedure:
i. Forcible entry and unlawful detainer;
ii. Those covered by the Rules on Small Claims, i.e. actions for payment of money where
the claim does not exceed P400,000 exclusive of interest and costs for the MeTCs and
P300,000 for the MTCCs, MTCs and MCTCs. (A.M, No. 08-8-7-SC, as amended, effective
April 1, 2019)
2. Exclusive Original (Criminal Cases)

a) All offenses punishable with imprisonment not exceeding 6 years irrespective of the
amount of fine and regardless of other imposable accessory or other penalties;
b) In offenses involving damage to property through criminal negligence where the imposable
fine does not exceed P10,000 (Sec. 32, BP 129 as amended by RA 7691);
c) Where the only penalty provided by law is a fine not exceeding P4,000 (Admin. Circular No.
09-94, June 14, 1994);
d) Those covered by the Rules on Summary Procedure;
e) All offenses committed by public officers and employees in relation to their office, including
government-owned or-controlled corporations, and by private individuals charged as co-
principals, accomplices or accessories, punishable with imprisonment not more than 6
years or where none of the accused holds a position classified as “Grade 27” and higher.
(Sec. 4, PD 1606, as amended by RA 8249)
6. ASPECTS OF JURISDICTION
a) Jurisdiction over the Parties

Jurisdiction over the person is the legal power of the court to render a personal judgment
against a party to an action or proceeding. (Black’s, 5th Edition)
The manner by which the court acquires jurisdiction over the parties depends on whether
the party is the plaintiff or the defendant.
I. How acquired
Plaintiff - acquired when the action is commenced by the filing of the complaint. This
presupposes payment of the docket fees.
Defendant
1. By his or her voluntary appearance in court and his submission to its authority; or
2. By valid service of summons.
Note: Jurisdiction over the defendant is not essential in actions in rem or quasi in rem as long
as the court has jurisdiction over the res.
II. Voluntary Appearance - any appearance of the defendant in court, provided he or she does not
raise the question of lack of jurisdiction of the court. (Flores v. Zurbito, 37 Phil. 746; Carballo v.
Encarnacion, 92 Phil. 974)
An appearance in whatever form, without explicitly objecting to the jurisdiction of the court
over the person, is a submission to the jurisdiction of the court over the person. It may be made by
simply filing a formal motion, or plea or answer. If his motion is for any other purpose than to object
to the jurisdiction of the court over his person, he thereby submits himself to the jurisdiction of the
court. (Busuego v, CA, No. L-48955, June 30, 1987; La Naval Drug Corp. V. CA, GR No. 103200, August 31,
1994)
The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the
person of the defendant shall be deemed a voluntary appearance (Sec. 23, Rule 14, 2019
Amendments tot he Rules of Civil Procedure)
To constitute voluntary appearance, it must be the kind that amounts to a voluntary
submission to the jurisdiction of the court. Submission to the court’s jurisdiction takes the form of an
appearance that seeks affirmative relief except when the relief sought is for the purpose of objecting
to the jurisdiction of the court over the person of the defendant. (Riano, 2016)
XPN: Special appearance
When the defendant’s appearance is made precisely to object to the jurisdiction of the court
over his person, it cannot be considered as appearance in court. (French Oil Mill Machinery, Inc. v. CA,
GR No. 126477, September 11, 1998)
GR: Filing of pleadings seeking affirmative reliefs constitutes voluntary appearance.
XPNs: In the case of pleadings whose prayer is precisely for the avoidance of the jurisdiction of the
court, which only leads to a special appearance.
These pleadings are:
1. In civil cases, motions to dismiss on the ground of lack of jurisdiction over the person of
the defendant;
2. In criminal cases, motions to quash an information on the ground of lack of jurisdiction
over the person of the accused; and
3. Motion to quash a warrant of arrest.
b) Jurisdiction over the Subject Matter

It is the power to hear and determine cases of the general class to which the proceedings in
question belong.
Subject matter jurisdiction simply refers to the judicial power that has been vested in
specific type of court by the legal system, in terms of what kinds of action it can decide and what
powers it can exercise in relation thereto.
NOTE: Even if the question of jurisdiction over the subject matter was not raised by either of the
parties, the courts will have to first address such question before delving into the procedural and
substantive issues of the case. Courts are bound to take notice of the limits of their authority and,
even if such question is neither raised by the pleadings or suggested by counsel, they may recognize
the want of jurisdiction and act accordingly by staying pleadings, dismissing the action, or otherwise
noticing the defect, at any stage of the proceedings. (Bureau of Customs v. Devanadera, G.R. No.
193253, September 8, 2015)
When the court dismisses the complaint for lack of jurisdiction over the subject matter, it is
submitted that the only authority of the court is to order such dismissal and not to refer or forward
the case to another court with the proper jurisdiction.
Error of jurisdiction - is one which occurs when the court exercises a jurisdiction not conferred upon
it by law. It may also occur when the court or tribunal, although vested with jurisdiction, acts in
excess of its jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction; are
correctible by certiorari.
Error of judgment - presupposes that the court is vested with jurisdiction over the subject matter of
the action but, in the process of exercising that jurisdiction, it committed mistakes in the appreciation
of the facts and the evidence leading to an erroneous judgment; correctible by appeal.
An erroneous judgment is not void
1. Where a court has jurisdiction, an erroneous decision cannot be deemed void, although the error
may be the subject of an appeal brought by the aggrieved.
2. On the contrary, if there is a total want of jurisdiction in a court, its proceedings are an absolute
nullity, confer no right and afford no protection but will be pronounced void when collaterally
attacked. The judgment may be struck down at any time, even on appeal; the only exception is when
the party raising the issue is barred by estoppel.
Jurisdiction over the subject matter is conferred by law which may be either the Constitution of a
statute. Since jurisdiction over the subject matter is conferred only by the Constitution or by law, it
cannot be:
1. Granted by the agreement of the parties;
2. Acquired, waived, enlarged, or diminished by any act or omission of the parties; or
3. Conferred by the acquiescence of the courts;
4. It cannot be conferred by a court’s unilateral assumption of jurisdiction
c) Jurisdiction over the Issues

The power of the court to try and decide issues raised in the pleadings of the parties or by
their agreement in a pre-trial order or those tried by the implied consent of the parties. (Sec. 5, Rule
10)
It may also be conferred by waiver or failure to object to the presentation of evidence on a
matter mot raised in the pleadings. The issues tried shall be treated in all respect as if they had been
raised in the pleadings.
Issue - is a disputed point or quesion to which parties to an action have narrowed down their several
allegations and upon which they are desirous of obtaining a decision. (Black’s Law Dictionary)
- An issue arises because a material allegation of a claiming party is specifically denied by the
defending party.
Note: Jurisdiction over the issue is conferred and determined by:
1. The pleadings of the parties;
2. Stipulation of the parties as when in the pre-trial; or
3. Waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings.
d) Jurisdiction over the Res or the Property in Litigation

Jurisdiction over the res refers to the court’s jurisdiction over the thing or the property
which is the subject of the action. This type of jurisdiction is necessary when the action is one in rem
or quasi in rem. Jurisprudence holds that if the action is in rem or quasi in rem, jurisdiction over the
person of the defendant is not required. What is required is jurisdiction over the res although
summons must also be served upon the defendant in order to satisfy the requirements of due process.
It is acquired either by:
1. The seizure of the property under legal process;
2. As a result of the institution of legal proceedings, in which the power of the court is recognized and
made effective;
3. The court by placing the property of thing under its custody (custodia legis), e.g. attachment of
proerty; or
4. The court through statutory authority conferring upon it the power to deal with the property or
thing within the court’s territorial jurisdiction, e.g. suits involving the status of the parties or suits
involving the property in the Philippines of non-resident defendants.
7. JURISDICTION VS EXERCISE OF JURISDICTION
Jurisdiction - it is the authority to hear and decide cases. It does not depend upon the regularity of
the exercise of that power or upon the rightfulness of the decision made.
Exercise of Jurisdiction - it is any act of the court pursuant to such authority,which includes making
decisions. If there is jurisdiction over the person and subject matter, the resolution of all other
questions arising in the case is but an exercise of jurisdiction.
8. JURISDICTION VS VENU
VENUE JURISDICTION
The place or geographical area where an action is Power of the court to hear and decide a case.
to be filed and tried. (Manila Railroad Company v.
Attorney General, 20 Phil 523)
Can only be objected to before the other party files Can be brought up at any stage of the proceedings.
a responsive pleading (Answer).
May be waived by: Cannot be waived.

1. Failure to object through a motion to dismiss or
through an affirmative defense; or
2. Stipulation of the parties.
Matter of procedural law. Matter of substantive law.
May be stipulated by the parties. Cannot be the subject of the agreement of the
parties
Establishes a relation between the plaintiff and Establishes a relation between the court and the
defendant, or petitioner and respondent subject matter.
GR: not a ground for motu proprio dismissal. (Riano, It is a ground for motu proprio dismissal in case of
2014) lack of jurisdiction over the subject matter. (Sec. 1,
Rule 9)
XPN: In cases subject to summary procedure.
9. JURISDICTION OVER CASES COVERED BY BARANGY CONCILIATION, SMALL CLAIMS CASES AND
CASES COVERED BY SUMMARY PROCEDURE
Rules on Summary Procedure

Purpose/object To achieve an expeditious and inexpensive determination of
the cases defined to be governed by the Rules on Summary
Procedue
Where to file 1. MeTC
2. MTCC
3. MTC
4. MCTC
CASES COVERED
Civil Cases 1. All cases of forcible entry and unlawful detainer
irrespective of the amount of damages or unpaid rentals
sought to be recovered. Where attorney’s fees are awarded,
the same shall not exceed P20,000; and
2. All other civil cases, except probate proceedings where the
total amount of plaintiff’s claim does not exceed P200,000
exclusive of interest and costs. (A.M. No. 08-8-7-SC)
Criminal Cases 1. Violations of traffic laws, rules and regulations;

2. Violations of the rental law;
3. Violations of municipal or city ordinances;
4. Violations of B.P. 22 or the Bouncing Checks law (A.M. No.
00-11-01-SC, April 15, 2003);
5. All other criminal cases where the penalty imprisonment
not exceeding 6 months and/or a fine of P1,000 irrespective
of other penalties or civil liablities arising therefrom; and
6. Offenses involving damage to property through criminal
negligence where the imposable fine is not exceeding
P10,000
Rule on Small Claims Cases

Purpose/Object To provide a simpler and more inexpensive and
expeditious means of settling disputes involving purely
money claims and the regular civil process.
Where to file 1. MeTC

2. MTCC
3. MTC
4. MCTC
CASES COVERED
Civil Cases 1. Purely civil in nature where the claim or relief prayed for
by the plaintiff is solely for payment or reimbursement of
sum of money, and the value of the claim does not exceed
P400,000 for the MeTCs and P300,000 for the MTCCs,
MTCs and MCTCs (A.M. No. 08-8-7-SC, as amended by OCA
Circular No. 45-2019); or
A. For money owed under any of the following:
I. Contract of Lease;
II. Contract of Loan;
III. Contract of Services;
IV. Contract of Sale; or
V. Contract of Mortgage;
B. For liquidated damages arising from contracts;
C. The enforcement of a barangay amicable settlement or
an arbitration award involving a money claim
KATARUNGANG PAMBARANGAY LAW

Purpose/Object To effect an amicable settlement of disputes among family
and barangay members at the barangay level without
judicial recourse and consequently help relieve the courts of
docket congestion.
Where to file 1. For disputes between residents of the same barangay: the
dispute must be brought for settlement in the said barangay;
2. For disputes between residents of different but adjoining
barangays and the parties agree to submit their differences
to amicable settlement: within the same city or municipality
where any of the respondents reside at the election of the
complainant;
3. For disputes involving real property or any interest when
the parties thereto agree to submit their differences to
amicable settlement by any appropriate lupon therein shall
be brought in the barangay where the real property or
larger portion thereof is situated; and
4. For disputes arising at the workplace where the
contending parties are employed or at the institution where
such parties are enrolled for study shall be brought in the
barangay where such workplace or institution is located.
Cases Covered
Civil cases All disputes involving parties who actually reside in the
same city or municipality may be the same subject of the
proceedings for amicable settlement in the barangay.
The requirement of undergoing barangay conciliation

proceedings applies only to cases involving natural persons,
and not where any of the parties is a juridical person such as
a corporation, partnership, corporation sole, testate or
intestate estate, etc. (Vda. De Borromeo v. Pogoy, G.R. No. L-
63277, November 29, 1983)
If the only contending party is the government or its

instrumentality or subdivision the case is exempted from
the requirement of barangay conciliation proceedings but
when it (government or its instrumentality or subdivision)
is only one of the contending parties, a confrontation should
still be undertaken among the parties. (Gegare v. CA, G.R. No.
83907, September 13, 1989)
Criminal Cases When punishable by imprisonment of not more than 1 year
or fine of not more than P5,000. (Sec. 408, LGC)
III. CIVIL PROCEDURE

A.
RULE 1. GENERAL PROVISIONS
Section 1. Title of the Rules
Section 2. Shall apply in all the courts, except as otherwise provided by the Supreme Court.
Section 3. Cases governed.
a. Civil action is one by which a party sues another for the enforcement or protection of a
right, or the prevention or redress of a wrong.
b. Criminal action is one by which the State prosecutes a person for an act or omission
punishable by law.
c. Special proceeding is a remedy by which a party seeks to establish a status, a right, or a
particular fact.
Section 4. Cases not applicable. (INCLE)
I - Insolvency proceedings
N - Naturalization
C - Cadastral
L - Land registration
E - Election cases
- except by analogy or on suppletory character and whenever practicable and convenient.
Section 5. Commencement of action. A civil action is commenced by the filing of the original
complaint in court.
Local and Transitory Actions

a. Local Actions
1. VENUE - must be brought in a particular place where the subject property is located, unless
there is an agreement to the contrary. (Sec. 4, Rule 4)
2. PRIVITY OF CONTRACT - no privity of contract and the action is founded on privity of estate
only. (Riano, 2014)
b. Transitory Actions
1. VENUE - dependent on the place where the party resides regardless of where the cause of
action arose. Subject to Sec. 4, Rule 4.
2. PRIVITY OF CONTRACT - founded on privity of contract between the parties whether debt or
covenant. (Paper Industries Corporation of the Philippines v. Samson, supra.)
ACTION IN REM, ACTION IN PERSONAM, ACTION QUASI IN REM

a. Action in Rem
1. NATURE - a proceeding to determine title, status or condition of property within its borders.
2. PURPOSE - a proceeding to bar indifferently who might be minded to make any objection
against the right sought to be enforced, hence the judgment therein is binding theoretically upon
the whole world.
3. SCOPE - directed against the things itself instead of against the person. (Riano, 2014)
4. REQUIRED JURISDICTION - jurisdiction over the person of the defendant is not required.
Jurisdiction over the res is acquired either (1) by the seizure of the property under legal process;
or (2) as a result of the institution of legal proceedings. (Biaco v. Philippine Countryside Rural
Bank, G.R. No. 161417, February 8, 2007)
5. EFFECT OF JUDGMENT - judgment is binding upon the whole world. (Muñoz v. Yabut, Jr., GR
No. 142676 & 146718, June 6, 2011)
6. EXAMPLES
i. Probate proceedings
ii. Cadastral proceedings
iii. Land registration proceedings
b. Action in Personam
1. NATURE - a proceeding to enforce personal rights and obligations brought against the person.
2. PURPOSE - to impose through the judgment of a court, some responsibility or liability directly
upon the person of defendant. (Domagas v. Jensen, G.R. No. 158407, January 17, 2005)
3. SCOPE - directed against the particular persons.
4. REQUIRED JURISDICTION - Jurisdiction over the person of the defendant is required.
5. EFFECT OF JUDGMENT - Judgment is binding only upon parties impleaded or their
successors-in-interest, but not upon strangers.
6. EXAMPLES
i. Action for specific performance
ii. Action for breach of contract; or
iii. Action for sum of money or damages
c. Action Quasi in Rem
1. NATURE - proceeding to subject the property of the named defendant or his interests therein
to the obligation or lien burdening the property. (Riano, 2014)
2. PURPOSE - Deals with the status, ownership or liability of a particular property but which are
intended to operate on these questions only as between the particular parties to the
proceedings and not to ascertain or cut-off the rights or interests of all possible claimants.
3. SCOPE - Directed against particular persons with respect to the res.
4. REQUIRED JURISDICTION - jurisdiction over the person of the defendant is not required as
long as jurisdiction over the res is acquired.
NOTE: Summons must be served upon the defendant in order to satisfy due process
requirements. (Riano, 2011)
5. EFFECT OF JUDGMENT - Judgment will be binding only upon the litigants, their privies, and
their successors-in-interest, not the judgment shall be executed against a particular property.
The res involved will answer for the judgment.
6. EXAMPLE
i. Action for partition;
ii. Action for accounting;

iii. Attachment; or
iv. Foreclosure of mortgage.
CIVIL ACTIONS
Ordinary Civil Actions
B.
RULE 2. CAUSE OF ACTION
Section 1. Ordinary Civil Action, basis of. Every ordinary civil action must be based on a cause of
action
Section 2. Cause of action - is the act or omission by which a party violates a right of another
Cause of Action Right of Action

It is the act or omission by which a party violates Right of a plaintiff to bring an action and to
the rights of another. (Sec. 2, Rule 2) prosecute that action until final judgment.
(Marquez v. Varela, 92 Phil. 373)
ELEMENTS: ELEMENTS:
a. Plaintiff’s legal right a. There must be a good cause (existence of a
b. Defendant’s correlative obligation to respect cause of action);
plaintiff’s right; b. A compliance with all the conditions precedent
c. Defendant’s act or omission in violation of to the bringing of the action; and
plaintiff’s right c. Right to bring and maintain the action must be
d. Injury to the plaintiff in the person instituting it.
e. Caused damage to the plaintiff
Based on the allegations of the plaintiff in the Basis is the plaintiff’s cause of action. There is
complaint no right of action where there is no cause of
action.
Failure to State Cause of Action Lack of Cause of Action

Insufficiency of allegation in the pleading. Where the evidence does not sustain the cause of
action.
May be raised as an affirmative defense in the Raised in a demurrer to evidence under Rule 33
defendant’s answer. (Sec. 12, Rule 8) after the plaintiff has rested his case.
Determined only from the allegations of the Resolved only on the basis of the evidence he
pleading and not from evidentiary matters. presented in support of his claim.
No, dismissal due to the failure to state a cause of Yes, because dismissal on the ground of lack of
action does not constitute res judicata. cause of action is a decision on the merits.
Dismissal of a complaint for failure to state a

cause of action does not bar the subsequent re-
filing of the complaint. (Sec. 13, Rule 15)
NOTE: Lack of cause of action does not affect the authority of a court to hear and decide a given case,
if the court has jurisdiction over its subject matter, over the parties therein, and in an action in rem,
over the res. (Herrera, 2007)
Cause of Action in an Administrative case - the issue is not whether the complainant has a cause of
action against the respondent, but whether the respondent has breached the norms and standards of
the office. (Riano, 2014)
Section 3. One suit for a single cause of action. - A party may not institute more than one suit for a
single cause of action.
Section 4. Splitting a single cause of action; effect of.
a. Splitting of Cause of Action - it is the act of instituting two or more suits on the basis of the same
cause of action. It is the act of dividing a single or indivisible cause of action into several parts or
claims and bringing several actions thereon.
b. Effects - the filing of one or a judgment upon the merits in any one is available as a ground for the
dismissal of the others.
c. Remedies against splitting cause of action
The defendant may file a motion to dismiss based on either of the following grounds:
I. Litis pendentia - that there is another action pending between the same parties for the same
cause; or
II. Res judicata, if the first action has already been terminated - that the cause of action is barred
by a prior judgment or by the statute of limitations. ( Sec. 1[a]. Rule 15)
Section 5. Joinder of causes of action. - it is the assertion of as many causes of action a party may
have against another in one pleading alone.
- it is the process of uniting two or more demands or rights of action in
one action.
Requisites of Joinder of causes of action
1. The party shall comply with the rules on joinder of parties (Sec. 6, Rule 3):
a) Right to relief exists in favor of or against several persons;
b) Right to relief arises out of the same transaction or series of transaction; and
c) There is common question of law or fact.
2. The joinder shall not include special civil action governed by special rules;
3. Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action falls within
the jurisdiction of said court and venue lies therein; and
4. Totality Test - where claims in all causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test for jurisdiction. (Sec. 5, Rule 2)
Section 6. Misjoinder of causes of action. - Misjoinder of causes of action is not a ground for dismissal
of an action. A misjoined cause of action may, on motion or on the initiative of the court, be severed
and proceeded with separately.
Splitting of Cause of Action Joinder of Causes of Action

It is the practice of dividing one cause of action Assertion of as many causes of action as a party
into different parts and making each part the may have against another in one pleading alone
subject of a separate complaint. (Sec.5, Rule 2)
Prohibited. Encouraged.
C.
RULE 3. PARTIES TO CIVIL ACTIONS
Section 1. Who may be parties; plaintiff and defendant.
1. Natural persons
2. Juridical persons
3. Entities authorized by law
Lack of Legal Capacity to Sue Lack of Legal Personality to Sue

It refers to plaintiff’s general disability to sue The plaintiff is not the real party in interest.
such as on account of minority, insanity,
incompetence, lack of juridical personality or any
other general disqualifications of a party.
Remedy: file an answer and raise as an Remedy: File an answer and raise as an
affirmative defense lack of capacity to sue. (Sec. affirmative defense that the complaint states no
12, Rule 8) cause of action (Sec. 12, Rule 8)
Section 2. Parties in interest. He or she is the party who stands to be: (BIE)
1. Benefited;
2. Injured by the judgment in the suit; or
3. The party entitled to the avails of the suit
Section 3. Representatives as parties.

Representatives may be a trustee of an express trust, a guardian, an executor or
administrator, or a party authorized by law or these Rules.
An agent acting in his own name and for the benefit of an undisclosed principal may sue or
be sued without joining the principal except when the contract involves things belonging to the
principal.
Section 4. Spouses as parties. Husband and wife shall sue or be sued jointly, except as provided by
law.
XPNs:
1. Art. 101 & 108, (FC) - a spouse without just cause abandons the other or fails to comply with his or
her obligations to the family with respect to marital, parental or property relations;
2. Art 111, FC - a spouse of age mortgages, encumbers, alienates or otherwise disposes his or her
exclusive property;
3. Art 145, FC - the regime of separation of property relations between spouses.
4. Art 135
5. Art 142
Section 5. Minor or incompetent persons. - A minor or a person alleged to be incompetent, may be

sue or be sued, with the assistance of his father, mother, guardian, or if he has none, guardian ad
litem.
Section 6. Permissive joinder of parties. - All persons in whom or against whom any right to relief in
respect to or arising out of the same transaction or series of transactions is alleged to exist, whether
jointly, severally, or in the alternative, may, except as otherwise provided in these Rules, join as
plaintiffs or put to expense in connection with any proceedings in which he may have no interest.
Section 7. Compulsory joinder of indispensable parties. - Parties in interest without whom no final
determination can be had of an action shall be joined either as plaintiffs or defendants.
An indispensable party is one whose interest in the subject are so inextricably intertwined
with other parties that his legal presence as a party to the proceeding is an absolute necessity. (Riano,
2019)
The joinder of indispensable parties is a mandatory. The presence of indispensable parties is
necessary to vest the court with jurisdiction, which is “the authority to hear and determine a cause,
the right to act in a case”.
The absence of an indispensable party renders all subsequent actions of the court null and
void for want of authority to act, not only as to the absent parties but even as to those present. (Riano,
2014)
Section 8. Necessary party. - A necessary party is one who is not indispensable but who ought to be
joined as a party to complete relief is to be accorded as to those already parties, or for complete
determination or settlement of the claim subject of the action.
Section 9. Non-joinder of necessary parties to be pleaded.
- Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader
shall set forth his name, if known, and shall state why he is omitted.
- The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a
waiver of the claim against such party.
Section 10. Unwilling co-plaintiff. - If the consent of any party who should be joined as plaintiff
cannot be obtained, he may be made a defendant and the reason therefore shall be stated in the
complaint.
Section 11. Misjoinder and non-joinder of parties. - Neither misjoinder nor non-joinder of parties is
ground for dismissal of an action.
- Parties may be dropped or added by order of the court on motion of any party or on its own
initiative at any stage of the action and on such terms as are just.
- Any claim against a misjoined party may be severed and proceeded separately.
Section 12. Class suit.
It is an action where one or some of the parties may sue for the benefit of all if the requisites for said
action are complied with. (Riano, 2014)
Requisites of class suit

1. Subject matter of the controversy is one of common or general interest to many persons;
2. Parties affected are so numerous that it is impracticable to bring them all before the court;
3. Parties bringing the class suit are sufficiently numerous or representative of the class and can fully
protect the interests of all concerned; and
4. Representatives sue or defend for the benefit of all.
Instances where the requisite of common interest is NOT present:

1. Suit brought by a non-stock corporation to recover property of its members (Sulo ng Bayan v.
Araneta, supra);
2. Recovery of damages for personal reputation, i.e. in a libel case in behalf of a specific individual
(Newsweek, Inc. V. IAC G.R. No. L-63559, May 30, 1986); or
3. In an action for recovery of real property individually held i.e. where each of the defendants has an
interest only in the particular portion of the land he is actually occupying, and not in the portions
individually occupied by the other defendants. (Ortigas & Company, Limited Partnership v. Hon.
Vivencio M. Ruiz et al. G.R. No. L-33952, March 9, 1987)
- Even if the parties are numerous, there must be a community of interest for a class suit because the
subject matter of the controversy must be of common interest among all of them.
- If the class suit is not proper, the remedy of the parties is either to bring suit individually or join
them all as parties under the rule on permissive joinder of parties.
Section 13. Alternative defendants. - Where the plaintiff is uncertain against who of several persons
he is entitled to relief, he may join any or all of them as defendants in the alternative, although a right
to relief against one may be inconsistent with a right of relief against the other.
Section 14. Unknown identity or name of defendant.

- He may be sued as the:
1. As the unknown owner;
2. Heir; or
3. By such other designation as the case may require
- When his identity or true name is discovered, the pleading must be amended accordingly.
Section 15. Entity without juridical personality as defendant. - When two or more persons not
organized as an entity with juridical personality enter into a transaction, they may be sued under the
name by which they are generally or commonly known.
In the answer of such defendant, the names and addresses of the persons composing said
entity must all be revealed.
Note: Persons associated in an entity without juridical personality, however, cannot sue under such
name, because, as stated in the Rules, its authority to be a party is confined only to being a defendant,
as is evident from the words “they may be sued.” (Riano, 2014)
Section 16. Death of party; Duty of counsel.

Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall
be the duty of his counsel to inform the court within thirty (30) days after such death of the fact
thereof, and to give the name and address of his legal representative or representatives. Failure of
counsel to comply with this duty shall be a ground for disciplinary action.
If no legal representative is named by the counsel for the deceased party, or if the one so
named shall fail to appear within the specified period, the court may order the opposing party, within
a specified time, to procure the appointment of an executor or administrator for the estate of the
deceased and the latter shall immediately appear for and on behalf of the deceased. The court
charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs.
Section 17. Death or separation of a party who is a public officer.

The action may be continued and maintained by or against the successor in the public officer
if the following requisites are present:
1. The public officer is a party to an action in his official capacity
2. During the pendency of the action, he either dies, resigns or ceases to hold office
3. It is satisfactorily shown to the court by any party, within 30 days after the successor takes
office, that there is a substantial need for continuing or maintaining the action
4. That the successor adopts or continues or threatens to adopt or continue the action of his
predecessor
5. The party or officer affected has been given reasonable notice of the application therefor
and accorded an opportunity to be heard.
Doctrine of Locus Standi

This doctrine requires a litigant to have a material interest in the outcome of the case. It
refers to a personal and substantial interest in a case such that the party has sustained or will
sustained or will sustain direct injury because of the challenged governmental act. (Riano, 2019,
citing Osmeña III v. Abaya, G.R. No, 211737, January 13, 2016)
1. Taxpayers - there must be a claim of illegal disbursement of public funds, or that the tax
measure is unconstitutional;
2. Voters - there must be a showing of obvious interest in the validity of the law in question;
3. Concerned citizens - there must be a showing that the issues raised are of transcendental
importance, which must be settled early; and
4. Legislators - there must be a claim that the official action complained of infringes on their
prerogative as legislators. (Funa v. Agra, G.R. No. 191644, February 19, 2013)
Section 18. Incompetency or incapacity. - If a party becomes incompetent or incapacitated, the court,
upon motion with notice, may allow the action to be continued by or against the incompetent or
incapacitated person assisted by his legal guardian or guardian ad litem.
Section 19. Transfer of interest
Section 20. Action on contractual money claims.
Effect of the death of a party upon a pending action (1990 BAR)

1. Purely personal action - the death of either of the parties extinguishes the claim and the action is
dismissed.
2. Action that is not purely personal - claim is not extinguished and the party should be substituted by
his heirs, executor or administrator. In case of minor heirs, the court may appoint a guardian ad litem
for them.
3. Action for recovery of money arising from contract and the defendant dies before entry of final
judgment - it shall not be dismissed but shall instead be allowed to continue until entry of judgment.
A favorable judgment obtained by the plaintiff shall be enforced in the manner provided in the rules
for prosecuting claims against the estate of a deceased person (Rule 86). (Sec. 20, Rule 3)
CLAIMS/ACTIONS THAT SURVIVE CLAIMS/ACTIONS THAT DO NOT SURVIVE

1. Recovery of contractual money/claims (oral or 1. Purely personal (e.g. legal separation);
written); 2. Performance that cannot be purely delegated;
2. Recovery/protection of property rights; and
3. Recovery of real or personal property or 3. Claim that cannot be instituted by executor or
interest; administrator.
4. Enforcement of lien;
5. Recovery of damages for an injury to person or
property and suits by reason of the alleged
tortuous acts of the defendant;
6. Actions and obligations arising from delicts;
and
7. Ejectment case.
Note: The question as to whether an action survives or not depends on the nature of the action and
the damage sued for. In the causes of action which survive, the wrong complained of affects primarily
and principally property and property rights, the injuries to the person being merely incidental,
while in the causes of action which do not survive, the injury complained of is to the person, the
property and rights of property affected being incidental. (Cruz v. Cruz, G.R. No. 173292, Sept. 1, 2010)
Section 21. Indigent party

He or she is one:
1. Whose gross income and that of his immediate family do not exceed an amount double the
monthly minimum wage of an employee
Note: The term “immediate family” includes those members of the same household who are
bound together by ties of relationship but does not include those who are living apart from the
particular household of which the individual is a member (Tokio Marine Malaya v. Valdez, G.R.
No. 150107-08, January 28, 2008); and
2. Who does not own real property with a fair market value as stated in the current tax declaration of
more than Php 300,000.00. (Sec. 19, Rule 141 as amended by A.M. No, 04-2-04-SC)
He or she is one who has no money or property sufficient and available for food, shelter and
basic necessities for himself and his family. (Sec. 21, Rule 3). He or she shall be exempt from the
payment for legal fees.
Rule on indigent litigants

If the applicant for exemption meets the salary and property requirements under Sec. 19,
Rule 141, then the grant of the application is mandatory.
However, if the trial court finds that one or both requirements have not been met, then it
would set a hearing to enable the applicant to prove that the applicant has “no money or property
sufficient and available for food, shelter and basic necessities for himself and his family”, as provided
in Sec. 21, Rule 3. In that hearing, the adverse party may adduce countervailing evidence to disprove
the evidence presented by the applicant; after which the trial court will rule on the application
depending on the evidence adduced.
In addition, Sec. 21, Rule 3 also provides that the adverse party may later still contest the
grant of such authority at any time before judgment is rendered by the trial court, possibly based on
newly discovered evidence not obtained at the time the application was heard. (Algura v. LGU of Naga,
G.R. No. 150135, October 30, 2006)
Authority as an indigent party to litigate includes an exemption from the payment of:
1. Docket fees and other lawful fees; and
2. Transcript of stenographic notes. (Sec. 21, Rule 3)
NOTE: The amount of the docket and other lawful fees which the indigent was exempted from paying
shall be a lien on any judgment rendered in the case favorable to the indigent, unless otherwise
provided. (Sec. 21, Rule 3)
Section 22. Notice to the Solicitor General. - In any action involving the validity of any treaty, law,
ordinance, executive order, presidential decree, rules or regulations, the court, in its discretion, may
require the appearance of the Solicitor General who may be heard in person or through a
representative duly designated by him.
D.
RULE 4. VENUE OF ACTION
Venue is the place, geographical area, in which a court with jurisdiction may hear and determine a
case. (Black’s Law Dictionary, 5th Ed., 1936)
Purpose of rules on fixing venue

The situs for bringing real and personal actions are fixed by the rules to attain the greatest
convenience possible to the party litigants by taking into consideration the maximum accessibility to
them of the courts of justice. (Bartiua v. CA, G.R. No. 100748, February 3, 1997)
Venue becomes jurisdictional only in a criminal case. Where the Information is not filed in the place
where the offense was committed, the information may be quashed for lack of jurisdiction over the
offense charged. (Sec. 3, Rule 117)
Q: Can a complaint be dismissed by the court motu proprio based on improper venue?
A: NO. Improper venue is not one of the grounds wherein the court may dismiss an action motu
proprio. (Universal Corp. V. Lim, G.R. No. 154388, October 5, 2007) Improper venue is an affirmative
defense which the defendant may raise in his or her answer seasonably, else it is deemed waived.
(Sec. 12, Rule 8, 2019 Amendments to the Revised Rules on Civil Procedure; Marcos-Araneta, et al. V. CA,
G.R. No. 154096, August 22, 2008)
Section 1. Venue of real actions.

The venue is local; hence the venue is the place where the real property involved or, any
portion thereof, is situated.
 Affecting title to or possession of real property or interest therein → jurisdiction over the area
wherein the real property involved.
 Forcible Entry & Detainer → tried in the municipal trial court of the municipality or city
wherein the real property involved, or a portion thereof, is istuated.
 An action for annulment of mortgage is a real action if there has already been a foreclosure sale.
(Chua v. Total Office Products and Services, G.R. No. 152808, September 30, 2005)
Section 2. Venue of Personal Actions

The venue is transitory; hence the venue is the residence of the plaintiff or defendant, at the
option of the plaintiff.
 Where the plaintiff or any of the principal plaintiffs reside; or where the defendant or any of the
principal defendants; or in the case of a non-residental defendant where he may be found, at the
election of the plaintiff.
 In personal actions, if the plaintiff does not reside in the Philippines, the complainant in such
case may only be filed in the court of the place where the defendant resides. There can be no
election as to the venue of the filing of a complaint when the plaintiff has no residence in the
Philippines. (Theodore and Nancy Ang v. Spouses Alan and Em Ang G.R. No. 186993, August 22,
2012)
 Personal actions include those filed for recovery of personal property, or for enforcement of
contract or recovery of damages for its breach, or for the recovery of damages for injury
committed to a person or property (Pamaran v. Bank of Commerce, G.r. No. 205753, July 04, 2016)
 Sec. 2 of Rule 4 indicates quite clearly that when there is more than one plaintiff in personal
action case, the residences of the principal parties should be the basis for determining proper
venue.
Section 3. Venue of Actions Against Non-Residents

 Action affects the personal status of the plaintiff, or any property of said defendant located in the
Philippines → the action may be commenced and tried in the court of the place where the
plaintiff resides, or where the property or any portion thereof is situated or found.
1. Personal actions - the venue is where the
plaintiff or any of the principal plaintiffs resides,
or where the non-resident defendant may be
found, at the election of the plaintiff. (Sec. 2, Rule
Defendant does not reside but is found in the
4)
Philippines
2. Real Actions - shall be commenced and tried
in the proper court which has jurisdiction over
the area wherein the real property involved, or a
portion thereof, is situated. (Sec. 1, Rule 4)
The action may be commenced and tried in the
court of the place where the plaintiff resides or
where the property or any portion thereof is
situated or found. (Sec. 3, Rule 4)
Note: Unless the Court declares otherwise, it is

submitted that a liberal interpretation of Sec. 3,
Rule 4 - giving the plaintiff a choice of venue in
actions affecting any property of a non-resident
defendant who is not found in the Philippines -
Defendant does not reside and is not found in would well serve the interest of a resident
the Philippines plaintiff rather than of the possible absconding
non-resident defendant. (Riano, 2014)
Rationale: A more liberal interpretation of the
rule would save the plaintiff from going through
the rigors of travelling to a distant place to file
and prosecute the action. A contrary
interpretation would lead to an unfortunate
situation wherein the defendant who refuses to
pay a just debt would have the capacity to cause
so much inconvenience to an aggrieved plaintiff.
(Riano, 2014)
Section 4. When Rule not Applicable.

1. In those cases where a specific rule or law provides otherwise; or
2. Where the parties have validly agreed in writing before the filing of the action on the
exclusive venue thereof.
E. PLEADINGS
RULE 6. KINDS OF PLEADINGS
Section 1. Pleadings defined
- are the written statements of the respective claims and defenses of the parties submitted to
the court for appropriate judgment.
Functions:
1. To inform the defendant clearly and definitely of the claims made against him so that he
may be prepared to meet the issues at trial;
2. To inform the defendant of all material facts on which the plaintiff relies to support his
demand; and
3. To state the theory of a cause of action which forms the bases of plaintiff’s claim of liability.
(Tantucio v. Republic, G.R. No. 89114, December 2, 1991)
Section 2. Pleadings allowed

 The defenses of a party are alleged in the answer to the pleading asserting a claim against him
or her.
 An answer may be responded to by a reply only if the defending party attaches an actionable
document to the answer
Section 3. Complaint
- is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action.
NOTE: The names and residences of the plaintiff and defendant, if known, must be stated. (Sec. 3, Rule
6)
Evidentiary facts - those facts which are necessary for determination of the ultimate facts; they are
the premises upon which conclusions of ultimate facts.
Ultimate facts - it is the essential facts constituting plaintiff’s cause of action. A fact is essential if it
cannot be stricken out without leaving the statement of the cause of action insufficient.
NOTE: The allegations of the complaint must be based on the ultimate facts, including the
evidence on which the party pleading relies for his claims or defenses which need to be attached to
the complaint. (Sec. 1 Rule, 2019 Amendments to the Rules of Civil Procedure)
Section 4. Answer
- is a pleading in which a defending party sets forth his or her defenses.
It may likewise be the response to a counterclaim or a cross-claim. It may be an answer to the
complaint, an answer to a counter-claim, or an answer to a cross-claim. (Riano, 2014)
Section 5. Defenses
Kinds of Defenses that may be set forth in the Answer
1. Negative defenses; and
2. Affirmative defenses
Negative defenses is the specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his or her cause or causes of action
Kinds of specific denials
1. Absolute denial - the defendant specifies each material allegation of fact the truth of which he or
she does not admit and, whenever practicable, sets forth the substance of the matters upon which he
relies to support his denial;
2. Partial denial - the defendant denies only a part of the averment, whereby he or she specifies that
part the truth of which he admits and denies only the remainder; and
3. Denial by disavowal of knowledge - the defendant alleges that he or she is without knowledge or
information sufficient to form a belief as to the truth of a material averment made in the complaint.
(Sec. 10, Rule 8)
Negative pregnant
- does not qualify as a specific denial; it is conceded to be actually and admission;
- it refers to a denial which implies its affirmative opposite by seeming to deny only a qualification or
an incidental aspect of the allegation but not the main allegation.
Affirmative defenses is an allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by
him or her.
Kinds of affirmative defenses
A defendant shall raise his or her affirmative defenses in his or her answer, which shall be
limited to the following;
A. Under Sec. 5(b), Rule 6
a) Fraud;
b) Statute of limitations;
c) Release;
d) Payment;
e) Illegality;
f) Statute of Frauds;
g) Estoppel;
h) Former Recovery;
i) Discharge of Bankruptcy;
j) Any other matter by way of confession or avoidance; and
k) Grounds for the dismissal of the complaint:
i. The court has no jurisdiction over the subject matter;
ii. There is another action pending between the same parties for the same cause; or
iii. The action is barred by a prior judgment.
B. Under Sec. 12, Rule 8
a) The court has no jurisdiction over the person of the defending party;
b) The venue is improperly laid;
c) The plaintiff has no legal capacity to sue;
d) That the pleading asserting the claim states no cause of action; and
e) That a condition precedent for filing the claim has not be complied with..
NOTE: Raising affirmative defenses does not amount to acceptance of the jurisdiction of the court,
but praying for affirmative reliefs is considered voluntary appearance and acquiescence to the
court’s jurisdiction. (NM ROthschild & Sons Ltd. V. Lepanto Consolidate Mining Co., G.R. No. 175799,
November 28, 2011)
Section 6. Counterclaims is any claim which a defending party may have against an opposing party.
NOTE: A counterclaim is in itself a distinct and independent cause of action. When filed, there are two
simultaneous action between the same parties. (Riano, 2019, citing Padilla v. Globe Asiatique Realty
holdings Corporation, G.R. No. 207376, August 6, 2014)
Section 7. Compulsory counterclaim - one which, being cognizable by the regular courts of justice,
arises out of or is connected with the transaction or occurrence constituting the subject matter of the
opposing party’s claim and does not require for its adjudication the presence of third parties of
whom the court cannot acquire jurisdiction.
Two kinds of Counterclaims
COMPLUSORY COUNTERCLAIM PERMISSIVE COUNTERCLAIM

One which arises out of or is necessarily It does not arise out of nor is it necessarily
connected with the transaction or occurrence connected with the subject matter of the
that is the subject matter of the opposin party’s opposing party’s claim. There is an absence of a
claim. logical connection with the subject matter of the
complaint.
It does not require for its adjudication the It may require for its adjudication the presence
presence of third parties of whom the court of third parties over whom the court cannot
cannot acquire jurisdiction. (Sec. 4, Rule 6) acquire jurisdiction.
GR: Barred if not set up in the same action (Sec. 7, Not barred even if not set up in the action.
Rule 6; Sec. 2, Rule 9)
XPN: Unless otherwise allowed by the Rules (Sec.
7, Rule 6):
A. Counterclaim arising after answer (Sec. 9, Rule
11); and
B. Omitted counterclaim. (Sec. 9, Rule 11)
Need not be answered; no default (Gojo v. Goyala, Must be answered; otherwise, dafault (Sarmiento
G.R. No. L-26768, October 30, 1970) v. Juan, G.R. No. L-56605, January 28, 1983)
Not an initiatory pleading. Initiatory pleading.
Need not be accompanied by a certification Must be accompanied by a certification against
against forum shopping and certificate to file forum shopping and whenever required by law,
action by the Lupong Tagapamayapa. also a certificate to file action by the Lupong
Tagapamayapa (Santo Tomas University v. Surla,
G.R. No. 129718, August 17, 1998)
GR: The court has jurisdiction to entertain both Must be within the jurisdiction of the court
as to the amount and nature. where the case is pending and cognizable by
regular courts of justice otherwise, defendant
XPN: In an original action before the RTC, the will have to file it in separate proceeding which
counterclaim may be considered compulsory requires payment of docket fee.
regardless of the amount. (Sec. 7, Rule 6)
Section 8. Cross-claim.
- any claim by one party against a co-party arising out of the 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.
Requisites
1. A claim by one party against a co-party;
2. It must arise out of the subject matter of the complaint or of the counterclaim; and
3. The cross-claimant is prejudiced by the claim against him by the opposing party.
Effect if a cross-claim was not set up
GR: Barred if not set up
XPN:
1. Cross-claim arising after answer; and
2. Ommitted cross-claim.
Section 9. Counter-counterclaims and counter-cross-claims. - A counterclaim may be asserted

against an original counter-claimant.
A cross-claim may also be filed against an original cross-claimant.
Section 10. Reply

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.
NOTE: All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to
interpose any claims arising out of the new matters so alleged, such claims shall set forth in an
amended or supplemental complaint.
When a reply may be filed
The plaintiff may file a reply ONLY if the defending party attaches an actionable document to his
answer.
When a rejoinder may be file
Rejoinder - is the defendant’s answer to the plaintiff’s replication
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. Therefore, the rejoinder is limited to said actionable
document.
Section 11. Third, (Fourth, etc.)-party complaint.

- a claim that a defending party, with leave of court, file against a person not a party to the action,
called the third (fourth, etc.)-party defendant, for contribution, indemnity, subrogation or any other
relief, in respect of his or her opponent’s claim.
Instances where it is denied and required to file a separate action:
a) The third (fourth, etc.)-party cannot be located within 30 calendar days from the grant of such
leave;
b) Matters extraneous to the issue in the principal case are raised; or
c) The effect would be to introduce a new and separate controversy into the action.
Section 12. Bringing new parties. - 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.
Section 13. Answer to third (fourth, etc.)-party complaint. - a third (fourth, etc.)-party defendant
may allege in his or her answer his or her defenses, counterclaims or cross-claims, including such
defenses that the third (fourth, etc.)-party plaintiff may have against the original plaintiff’s claim. In
proper cases, he or she may also assert a counterclaim against the original plaintiff in respect of the
latter’s claim against the third-party plaintiff.
RULE 7. PARTS AND CONTENTS OF A PLEADING
1. Caption;
2. Body - sets forth its designation, the allegations of the party’s clams or defenses, the relief prayed
for, and the date of the pleading:
a) Paragraphs;
b) Headings;
c) Relief;
d) Date;
3. Signature and address;
4. Verification (whenever required); and
5. Certification against forum shopping.
Section 1. Caption
1. Name of the court;
2. Title of the action; and
3. Docket number, if assigned.
The title of the action indicates the names of the parties. They shall all be named in the original
complaint or petition but in subsequent pleadings, it shall be sufficient if the name of the first party
on each side be stated with an appropriate indication when there are other parties.
Their respective participation in the case shall be indicated.
Section 2. The body.

-sets forth the pleading’s designation, the allegations of party’s claims or defenses, the
relief prayed for, and its date.
1. Paragraphs - allegations shall be divided into paragraphs so numbered as to be readily identified,
each of which shall contain a statement of a single set of circumstances so far as that can be done
with convenience.
2. Headings
a) When two or more causes of action are joined, the statement of the first shall be prefaced
by the words “first cause of action,” of the second by “second cause of action,” and so on for
the others.
b) When one or more paragraphs in the answer are addressed to one of several causes of
action in the complaint, they shall be prefaced by the words “answer to the first cause of
action” or “answer to the second cause of action” and so on; and when one or more
paragraphs of the answer are addressed to several causes of action, they shall be prefaced
by words to that effect.
3. Relief - the pleading shall specify the relief sought, but it may add a general prayer for such further
or other relief as may be deemed just or equitable.
4. Date - every pleading shall be dated.
Section 3. Signature and address

a) Every pleading and other written submissions to the court must be signed by the party or counsel
representing him or her.
b) The signature of counsel constitutes a certification by him or her that:
1. he or she has read the pleading and document;
2. To the best of his or her knowledge, information and belief, formed after an inquiry
reasonable under the circumstances:
i. It is not being presented for any improper purpose, such as harass, cause unnecessary
delay, or needlessly increase the cost of litigation;
ii. The claims, defenses, and other legal contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing
existing jurisprudence;
iii. The factual contentions have evidentiary support or, if specifically so identified, will
likely have evidentiary support after availment of the modes of discovery under these
rules; and
iv. The denials of factual contentions are warranted on the evidence or, if specifically so
identified, are reasonably based on belief or a lack of information.
Effect of violation of the rule on signature and address
If the court determines, on motion or motu proprio and after notice and hearing, that this rule has
been violated, it may impose an appropriate sanction, or party that violated the rule, or is responsible
for the violation.
NOTE: absent exceptional circumstances, a law firm shall be held jointly and severally liable for
violation committed by its partner, associate, or employee.
Sanctions
1. Non-monetary directive or sanction;
2. An order to pay a penalty in court; or
3. If imposed on motion and warranted for effective deterrence, an order directing payment to the
movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from the
violation, including attorney’s fees for the filing of the motion for sanction.
Section 4. Verification
- Pleadings need not be under oath, except when otherwise specifically required by law or rule.
- A pleading is verified by an affidavit of an affiant duly authorized to sign said verification.
Attestations:
1) The allegations in the pleading are true and correct based on his or her personal knowledge, or
based on authentic documents;
2) The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
litigation; and
3) The factual allegations therein have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery.
NOTE: The signature of the affiant shall further serve as a certification of the truthfulness of the
allegations in the pleading.
Significance: It is intended to secure an assurance that the allegations in a pleading are true and
correct and not the product of the imagination or a matter of speculation, and that the pleading is
filed in good faith.
Effects of lack of or defective verification
A pleading required to be verified that contains a verification based on “information and
belief,” or upon “knowledge, information and belief,” or lacks the proper verification shall have the
following effects:
1. It shall be treated as an unsigned pleading.
2. It does not necessarily render the pleading defective. It is only a formal and not a jurisdictional
requirement. The requirement is a condition affecting only the form of the pleading (Benguet Corp. V.
cordillera Caraballo Mission, Inc., G.R. No. 155343, September 2, 2005) and non-compliance therewith
does not necessarily render it fatally defective.
3. The absence of verification may be corrected by requiring an oath. The rule is in keeping with the
principle that rules of procedure are established to secure substantial justice and that technical
requirements may be dispensed with in meritorious cases. (Pampanga Sugar Development Co., Inc. V.
NLRC, G.R. No. 112650, May 29, 1997)
Section 5. Certification against forum shopping

Forum Shopping - the repeated availment of several judicial remedies in different courts,
simultaneously or successively, all substantially founded on the same transactions and the same
essential facts and circumstances, and all raising the same issues, either pending in or already
resolved adversely by some other court.
Elements of forum shopping
1) Identity of parties, or at least such parties representing the same interests in both actions;
2) Identity of rights asserted and reliefs prayed for, the relief founded on the same facts; and
3) The identity of two or preceding particulars, such that any judgment rendered in the other action
will, regardless of which party is successful amount to res judicata in the action under consideration.
Who executes the certification against forum shopping
GR: it is the plaintiff or principal party who executes the certification under oath. The certification
must be executed by the party, not the attorney.
XPN: if, for reasonable or justifiable reasons, the party-pleader is unable to sign, he or she must
execute a SPA designating his counsel for record to sign on his behalf. (Vda. De Formosa v. Philippine
National Bank, G.R. No. 154704, June 1, 2011)
Substantial compliance with the filing of certification against forum shopping
GR: The rule is that the certificate of non-forum shopping must be signed by all the petitioners or
plaintiffs in a case and the signing by only one of them is insufficient.
XPN: Rules on forum shopping were designed to promote and facilitate the orderly administration of
justice and should not be interpreted with such absolute literalness as to subvert its own ultimate
and legitimate objective. The rule of substantial compliance may be availed of with respect to the
contents of the certification. This is because the requirement of strict compliance with the provisions
regarding the certification of non-forum shopping merely underscores its mandatory nature in that
the certification cannot be altogether dispensed with or its requirements completely disregarded. It
does not thereby interdict substantial compliance with its provisions under justifiable circumstances.
Undertakings of a party under the certification against forum shopping
1. That the party has not commenced or filed any claim involving the same issues in any
court, tribunal, or quasi-judicial agency and, to the best of his knowledge, no such other
action or claim is spending;
2. That if there is such other pending action or claim, a complete statement of the present
status thereof; and
3. That if he or she should therefore learn that the same or similar action or claim has been
filed or is spending, he or she shall report that fact within five days therefrom to the court
wherein his aforesaid complaint or initiatory pleading has been filed.
DEFECT EFFECT
Non-compliance with any of he requirements It is not curable by mere amendment and shall be
on certification against forum shopping a cause for the dismissal of action, unless
otherwise provided, upon motion and after
hearing.
Submission of false certification It shall constitute indirect contempt of court,
without prejudice to the corresponding
administrative and criminal actions
Non-compliance with any of the undertakings It shall constitute indirect contempt of court,
without prejudice to the corresponding
administrative and criminal actions.
Commission of forum shopping 1. if the forum shopping is not considered
willful and deliberate, the subsequent case
shall be dismissed without prejudice, on the
ground of either litis pendentia or res judicata.
2. If the forum shopping is willful and
deliberate, both (or all, if there are more than
two) actions shall be dismissed with prejudice.
(Chua v. Metropolitan bank and trust Co., G.R. No.
182311, August 19, 2009) It shall be a ground for
the summary dismissal of the action, and shall
constitute direct contempt, as well as cause for
administrative sanctions on the party of the
counsel. (Sec. 5, Rule 7)
Section 6. Contents.
1. Captions
2. Body - sets forth its designation, the allegations of the party’s claims or defenses, the relief
prayed for, and the date of the pleading:
a) Paragraphs
b) Headings
c) Relief
d) Date;
3. Signature and address;
4. Verification (whenever required)
5. Certification against forum shopping;
6. Names of witnesses who will be presented to prove a party’s claim or defense;
7. Summary of the witnesses’ intended testimonies, provided that the judicial affidavits of
said witesses shall be attached to the pleading and form an integral part thereof.
NOTES: only witnesses whose judicial affidavits are attached to the pleading shall be
presented by the parties during trial. Except if a party presents meritorious reasons as
basis for the admission of additional witnesses, no other witness or affidavit shall be
heard or admitted by the court; and
8. Documentary and object evidence in support of the allegations contained in the pleading.
RULE 8. MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Section 1. In general.
Every pleading shall contain in a methodical and logical form, a plain, concise and direct
statement of the ultimate facts, including the evidence on which the party pleading relies for his
claim or defense, as the case may be.
If a cause of action or defense relied on is based on law, the pertinent provisions thereof and
their applicability to him or her shall be clearly and concisely
NOTE: The allegations of the complaint must be based on evidentiary facts on which the party
pleading relies for his claims or defenses which need to be attached to the complaint.
Section 2. Alternative causes of action or defenses.

A party may set forth two or more statements of a claim or defense alternatively or
hypothetically, either in one cause of action or defense or in separate causes of action or defenses.
When two or more statements are made in the alternative and one of them if made independently
would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the
alternative.
Section 3. Conditions precedent.
Condition precedent - it refers to matters which must be complied with before a cause of
action arises.
In any pleading, a general averment of the performance or occurrence of all conditions
precedent shall be sufficient. (sec. 3, Rule 8) Otherwise, it may be raised by the opposing party as an
affirmative defense. (Sec. 12 [a][5], Rule 8)
Section 4. Capacity.
Must be averred
1. Facts showing the capacity of a party to sue or be sued; or
2. The authority of a party to sue or be sued in a representative capacity; or
3. The person legal existence of an organized association of persons that is made a party.
A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to
sue or be sued in a representative capacity shall do so by specific denial, which shall include such
supporting particulars as are peculiarly within the pleader’s knowledge.
Section 5. Fraud, mistake, condition of the mind.

Must be stated with particularity
1. Fraud; or
2. Mistake.
May be averred generally
1. Malice;
2. Intent;
3. Knowledge; or
4. Other condition of the mind of a person.
Section 6. Judgment
In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial
tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth
matter showing jurisdiction to render it. An authenticated copy of judgment or decision shall be
attached to the pleading.
Section 7. Action or defense based on document.

Actionable document - it is a written instrument or document which is the basis of an action or a
defense (e.g. a promissory note in an action for collection of a sum of money)
Pleading an actionable document

Whenever an action or defense is based upon a written instrument or document:
1. The substance of such instrument or document shall be set forth in the pleading; and
2. The original or a copy thereof shall be attached to the pleading as an exhibit, which shall be
deemed to be a part of the pleading.
Section 8. How to contest such documents.

- When an action or defense is founded upon a written instrument, or attached to the corresponding
pleading as provided in the preceding Section, the genuineness and due execution of the instrument
shall be deemed admitted, unless the adverse party, under oath, specifically denies them, and sets
forth what he or she claims to be the facts;
- but the requirement of an oath does not apply when the adverse party does not appear to be a party
to the instrument or when compliance with an order for an inspection of the original instrument is
refused.
Section 9. Official document or act.

In pleading an official document or official at, it is sufficient to aver that the document was issued or
the act was done in compliance with law.
It is sufficient to aver that the document was issued in compliance with law. With respect to an act, it
is likewise sufficient to allege that the act was done in compliance with law. (Riano, 2014)
Section 10. Specific denial.

Forms of denials amounting to negative defenses
1. Absolute denial - the defendant specifies each material allegation of fact the truth of which he or
she does not admit and, whenever practicable, sets forth the substance of the matters upon which he
relies to support his denial;
2. Partial denial - the defendant denies only a part of an averment; and
3. Denial by disavowal of knowledge - the defendant alleges that he or she is without knowledge or
information sufficient to form a belief as to the truth of a material averment made in the complaint
Section 11. Allegations not specifically denied deemed admitted

GR: Material averments not specifically denied are deemed admitted
XPN: allegations as to the amount of unliquidated damages, when not specifically denied, are not
deemed admitted.
Section 12. Affirmative defenses

A defendant shall raise his or her affirmative defenses in his or her answer, which shall be
limited to the following
A. Under Sec. 5 (b), Rule 6:
a) Fraud;
b) Statute of limitations;
c) Release;
d) Payment;
e) Illegality;
f) Statute of frauds;
g) Estoppel;
h) Former recovery;
i) Discharge in bankruptcy;
j) Any other matter by way of confession and avoidance; and
k) Grounds for the dismissal of the complaint:
i. the court has no jurisdiction over the subject matter;
ii. There is another action pending between the same parties for the same cause; or
iii. The action is barred by a prior judgment.
NOTE: As to the other affirmative defenses under the under the first paragraph of Section 5(b), 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) calendar days
from the termination of the summary hearing.
B. Under Sec. 12, Rule 8

a) The court has no jurisdiction over the person of the defending party;
b) The venue is improperly laid;
c) The plaintiff has no legal capacity to sue;
d) That the pleading asserting the claim states no cause of action; and
e) That a condition precedent for filing the claim has not been complied with.
Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof.
The court shall motu proprio resolve the above affirmative defenses within 30 calendar days from
the filing of an answer.
Denial of affirmative defenses; Prohibitions

Denial of affirmative defenses shall not be the subject of:
1. Motion for reconsideration;
2. Petition for Certiorari;
3. Petition for Prohibition; and
4. Petition for Mandamus.
NOTE: the order of denial of affirmative defense is an interlocutory order.
Section 13. Striking out of pleading or matter contained therein.

Upon motion made by a party before responding to a pleading or, if no responsive pleading is
permitted by these Rules, upon motion made by a party within 20 calendar days after the service of
the pleading upon him or her, or upon the court’s own initiative at any time, the court may order any
pleading to be stricken out or that any sham or false, redundant, immaterial, impertinent, or
scandalous matter be stricken out therefrom.
RULE 9. EFFECT OF FAILURE TO PLEAD
Section 1. Defenses and objections not pleaded.

GR: Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed
waived.
XPN: However, when it appears from the pleadings or the evidence on record that:
1. The court has no jurisdiction over the subject matter;
2. That there is another action pending between the same parties for the same cause (litis
pendentia); or
3. That the action is barred by a prior judgment (res judicata); or
4. By statute of limitations,
The court shall dismiss the claim.
Section 2. Compulsory counterclaim, or cross-claim, not set up barred.

GR: A compulsory counterclaim, or a cross-claim, not set up shall be barred.
XPNs:
1. A counterclaim or cross-claim which either matured or was acquired by a party after
serving his pleading may, with the permission of the court, be presented as a counterclaim or
a cross-claim by supplemental pleading before judgment. (Sec. 9, Rule 11)
2. Counterclaims or cross-claims omitted through oversight, inadvertence, or excusable
neglect or when justice requires may be set up by amendment before judgment. Leave of
court is necessary. (Sec. 10, Rule 11)
Section 3. Default; declaration of.

When a Declaration of Default is Proper
A party may be declared in default when he or she fails to answer within the time allowed therefor,
and upon motion of the claiming party with notice to the defending party, and proof of such failure.
Requisites
1. The court has validly acquired jurisdiction over the person of the defending party;
2. The defending party must have failed to file his or her answer within the time allowed therefore;
3. The claiming party must file a motion to declare the defending party in default;
4. The claiming party must prove that the defending party has failed to answer within the period
provided by the Rules of Court;
5. The defending party must be notified of the motion to declare him in default; and
6. There must be a hearing set on the motion to declare the defending party in default.
a. Effect of order of default - a party in default shall be entitled to notice of subsequent proceedings
but shall not take part in the trial.
b. Relief from order of default - A party declared in default may at any time after notice thereof and
before judgment, file a motion under oath to set aside the order of default upon proper showing that
his or her failure was due to Fraud, Accident, Mistake, and Excusable Negligence and that he or
she has a meritorious defense.
c. Effect of partial default - when a pleading asserting a claim states a common cause of action against
several defending parties, some of whom answer and the others fail to do so, the court shall try the
case against all upon the answers thus filed and render judgment upon the evidence presented. (ROC,
Sec. 3, Rule 9)
A defending party declared in default retains the right to appeal from the judgment by default.
However, the grounds that may be raised in such an appeal are restricted to any of the following:
a) The failure of the plaintiff to prove the material allegations of the complaint;
b) The decision is contrary to law; and
c) The amount of judgment is excessive or different in kind from that prayed for. (Otero v.
Tan, GR No. 200134, August 15, 2012)
Actions of the court after the declaration/order of default
1. Proceed to render judgment granting the claimant such relief as the pleading may warrant; or
2. Require the claimant to submit to his evidence ex parte.
RULE 10. AMENDED AND SUPPLEMENTAL PLEADINGS
Section 1. Amendments in general. -

1. Pleadings may be amended by adding or striking out an allegation or the name of any party; or
2. by correcting a mistake in the name of a party or a mistaken or inadequate allegation or
description in any other respect,
so that the actual merits of the controversy may speedily be determined, without regard to
technicalities, and in the most expeditious and inexpensive manner.
Section 2. Amendments as a matter of right.

1. Once, at any time before a responsive pleading is served; or
2. In the case of a reply, at any time within 10 calendar days after it is served.
Section 3. Amendments by leave of court.

Only substantial amendments may be made upon leave of court upon motion filed in court, and after
notice to the adverse party, and an opportunity to be heard.
Leave of Court shall be refused if:
1. It appears the court that the motion was made with intent to delay or confer jurisdiction on the
court; or
2. The pleading stated no cause of action from the beginning which could be amended.
Requisites:
a. Motion for leave of court, accompanied by the amended pleading sought to be admitted (Sec. 10,
Rule 15);
b. Notice is given to the adverse party;
c. Parties are given the opportunity to be heard. (Sec. 3, Rule 10
Section 4. Formal amendments. - A defect in the designation of the parties and other clearly clerical
or typographical errors may be summarily corrected by the court at any stage of the action, at its
initiative or on motion, provided no prejudice is caused thereby to adverse party.
Section 5. No amendment necessary to conform to or authorize presentation of evidence. - When

issues not raised by the pleadings are tried with the express or implied consent of the parties, they
shall be treated in all respects as if they had been raised in the pleadings. No amendment of such
pleadings deemed amended is necessary to cause them to conform to the evidence.
Section 6. Supplemental pleadings. - one which sets forth transactions, occurrences, or events which
have happened since the date of the pleading sought to be supplemented.
Supplemental complaint should only supply deficiencies in aid of an original complaint. It
should only contain causes of action relevant and material to the plaintiff’s right and which helps the
plaintiff’s right or defense. It cannot be used to try a new matter or a new cause of action since it
must be based on matters arising subsequent to the original complaint. (Leobrera v. CA, G.R. No.
80001, February 27, 1989)
Purposes of supplemental pleading
1. It is to bring into the records new facts, which will enlarge or change the kind of relief to which the
plaintiff is entitled; and
2. It is meant to supply deficiencies in aid of the original pleading, not to entirely substitute the latter.
(Herrera, 2007)
Section 7. Filing of amended pleadings. - When any pleading is amended, a new copy of the entire
pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be
filed
Section 8. Effect of amended pleadings. - An amended pleading supersedes the pleading it amends.
However, admissions in the superseded pleading can still be offered in evidence against the pleader.
Claims or defenses alleged therein but not incorporated or reiterated in the amended pleading are
deemed waived.
RULE 11. WHEN TO FILE RESPONSIVE PLEADINGS
Section 1. Answer to the complaint. - within thirty (30) calendar days after service of summons,
unless a different period is fixed by the court.
Section 2. Answer of a defendant foreign private juridical entity.
Service of summons is made on the government official designated by law to receive the
same - the answer shall be filed within sixty (60) calendar days after receipt of summons by such
entity.
Section 3. Answer to amended complaint.
a) As a matter of right - the defendant shall answer the same within thirty (30) calendar days
after being served with a copy thereof.
b) Not as a matter of right - the defendant shall answer the amended complaint within fifteen
(15) calendar days from notice of the order admitting the same
NOTE: an answer earlier filed may serve as the answer to the amended complaint if no
new answer is filed.
Section 4. Answer to counterclaim or cross-claim. - must be answered within twenty (20) calendar
days from service.
Section 5. Answer to third (fourth, etc.)-party complaint. - within thirty (30) calendar days after
service of summons.
Section 6. Reply. - may be filed within fifteen (15) calendar days from service of the pleading
responded to.
Section 7. Answer to supplemental complaint. - may be answered within twenty (20) calendar days
from notice of the order admitting the same, unless a different period is fixed by the court.
NOTE: the answer to the complaint shall serve as the answer to the supplemental complaint
if no new or supplemental answer is filed.
Section 8. Existing counterclaim or cross-claim. - a compulsory counterclaim or a cross-claim that a
defending party has at the time he or she files his or her answer shall be contained therein.
Section 9. Counterclaim or cross-claim arising after answer. - a counterclaim or a cross-claim which
either matured or was acquired by a party after serving his or her pleading may, with the permission
of the court, be presented as a counterclaim or a cross-claim by supplemental pleading before

judgment.
Section 10. Omitted counterclaim or cross-claim. - When a pleader fails to set up a counterclaim or a
cross-claim through oversight, inadvertence, or excusable neglect, or when justice requires, he may, by
leave of court, set up the counterclaim or cross-claim by amendment before judgment.
Section 11. Extension of time to file an answer.
- A defendant may, for meritorious reasons, be granted an additional period of not more than thirty
(30) calendar days to file an answer.
- A defendant is only allowed to file one (1) motion for extension of time to file an answer.
- A motion for extension to file any pleading, other than an answer, is prohibited and considered a
mere scrap of paper.
RULE 12. BILL OF PARTICULARS

Section 1. When applied for; purpose.
Bill of Particulars - it is a more definite statement consisting of amplification or more particularized
outline of a pleading, and being in the nature of a more specific allegation of the facts recited in the
pleading. (Sec. 3 Rule 12, Herrera 2007)
Purpose
Its purpose is to 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 properly
prepare his responsive pleading. In less technical terms, a function if a bill of particulars is to clarify
the allegations in the pleading so an adverse party may be informed with certainty of the exact
character of the cause of action or defense. (Riano, 2016)
When available
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.
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:
1. Deny it outright; or
2. Grant it outright; or
3. Allow the parties the opportunity to be heard.
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.
Section 4. Effect of non-compliance.

1. If the order is not obeyed or in case of insufficient compliance therewith, the court:
a) May order the striking out of the pleading or the portion thereof to which the
order is directed; or
b) Make such order as it may deem just
2. If plaintiff is disobedient, his or her complaint will be stricken off and dismissed (Sec. 3,
Rule 17);
3. If defendant is disobedient, his answer will be stricken off and his counterclaim dismissed,
and he will be declared in default upon motion of the plaintiff. (Sec. 4, Rule 17).
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.
Section 6. Bill a part of pleading. - A bill of particulars becomes part of the pleading for which it is
intended.
EFFICIENT USE OF PAPER RULE (A.M. NO. 11-9-4-SC)
Section 3. Format and Style.

A. All pleadings, motions and similar papers intended for the court and quasi-judicial body’s
consideration and action (court-bound papers) shall
a) Written in single space with one-and-a-half space between paragraphs,
b) Using an easily readable font style of the party’s choice, of 14-size font, and
c) On a 3-inch by 8.5-inch white bond paper; and
B. All decisions, resolutions and orders issued by courts and quasi-judicial bodies under the
administrative supervision of the Supreme Court shall comply with these requirements.
Similarly covered are the reports submitted to the courts and transactions of stenographic
notes.
Section 4. Margins and prints.

The parties shall maintain the following margins on all court-bound papers:
1. A left hand margin of 1.5 inches from the edge;
2. An upper margin of 1.2 inches from the edge;
3. A right hand margin of 1.0 inch from the edge; and a lower margin of 1.0 inch from the
edge.
Every page must be consecutively numbered.
Section 5. Copies to be filed

Subsection a., 2nd paragraph
Parties to cases before the Supreme Court are further required , on voluntary basis for the
first six months following the effectivity of this Rule and compulsorily afterwards unless the period is
extended, to submit, simultaneously with their court bound papers, soft copies of the same and their
annexes (the latter in PDF format) either by email to the Court’s e-mail address or by compact disc.
This requirement is in preparation for the eventual establishment of an e-filing paperless system in
the judiciary.
F.
RULE 13. FILING AND SERVICE OF PLEADINGS, JUDGMENTS, FINAL ORDERS, AND RESOLUTIONS
I. It is not simply the filing of the complaint or appropriate initiatory pleading but the payment of the
prescribed docket fee that vests a trial court within jurisdiction over the subject matter or nature of
the action. (Rizal et al., v. Nared, G.R. No. 151898, March 14, 2012)
The payment of the docket and other legal fees within the prescribed period is both mandatory and
jurisdictional. (Gonzales v. Pe, G.R. No. 167398, August 9, 2011)
II. What is the effect of non-payment of the docket fees?

Non-payment of docket fees will prevent the court from acquiring jurisdiction over the case
as jurisdiction is vested only upon the payment of the prescribed docket fees (Manchester
Development Corp. V. CA, G.R. No. 75919, May 7, 1987). However, if it is shown that a party has
demonstrated his willingness to comply with the rules by paying additional docket fees, the court
may allow payment of the fee within a reasonable time but in no case beyond the applicable
prescriptive or reglementary period. (Sun Insurance Office, Ltd. V. Asuncion G.R. No. 79937, February
13, 1989)
Section 1. Coverage. - this rule shall govern the filing of all pleadings, motions, and other court
submissions, as well as their service,except those for which a different mode of service is prescribed.
Section 2. Filing and service, defined.
Filing is the act of submitting the pleading or other paper to the court.
Service is the act of providing a party with a copy of the pleading or any other court
submission.
Section 3. Manner of filing. - The filing of pleadings and other court submission shall be made by:
a) Submitting personally the original thereof, plainly indicated as such, to the court;
Note: The cleark of court shall endorse on the pleading the date and hour of filing.
b) Sending them by registered mail;
c) Sending them by accredited courier; or
Note: In both the second and third cases, the date of the mailing of motions, pleadings, and
other court submissions, and payments or deposits, as shown by the post office stamp on the
envelope or the registry receipt, shall be considered as the date of their filing, payment, or deposit in
court. The envelope shall be attached to the record of the case.
If the courier is not accredited by the court (private letter-forwarding agency), the date of
filing of the pleading in court is the actual date of receipt of the court of the pleading, not the date of
actual receipt by the courier. (Miranda v. Miranda,G.R. No. 179638, July 8, 2013)
d) Transmitting them by electronic mail or other electronic means as may be authorized
by the Court in places where the court is electronically equipped.
Note: the date of electronic transmission shall be considered as the date of filing.
Section 4. Papers required to be filed and served.
1. Judgment
2. Resolution
3. Order
4. Pleading subsequent to the complaint
5. Written motion
6. Notice
7. Appearance
8. Demand
9. Offer of judgment; or
10. Similar papers
Section 5. Modes of Service:
1. Personal Service
2. Accredited courier
3. Registered mail or
4. Electronic Mail
5. Facsimile Transmission; and
6. Other electronic means
NOTE: For purposes of electronic mail, facsimile transmission or other electronic means, it
has to be with prior court approval and agreed upon by the parties.
Section 6. Personal Service.
Court submission may be served by personal delivery of a copy:
1. To the party or to the party’s counsel, or to their authorized representative named in the
appropriate pleading or motion; or
2. By leaving it in his or her office with his or her clerk, or with a person in charge thereof
3. If no person is found in his or her office, or his or her office is not known, or he or she has
no office, then by leaving the copy, between the hours of eight in the morning and six in the
evening, at the party’s or counsel’s residence, if know, with a person of sufficient age and
discretion then residing therein.
Section 7. Service by mail
1. Registered Mail - shall be made by depositing the copy in the post office, in a sealed
envelope, plainly addressed to the party or to the party’s counsel at his or her office, if
known, otherwise at his or her residence, if known, with postage fully pre-paid, and with
instructions to the postmaster to return the mail to the sender after 10 calendar days if
undelivered.
2. If no registry service is available in the locality of either the sender or the addressee,
service may be done by ordinary mail.
Section 8. Substituted service
If service cannot be made under the two preceding sections, the office and place of residence
of the party or his or her counsel being unknown, service may be made by delivering the copy to the
clerk of court, with proof of failure of both personal service and service by mail. The service is
complete at the time of such delivery.
Section 9. Service by electronic means and facsimile
Shall be made if the party concerned consents to such modes of service.
1. Service by electronic means - shall be made by sending an e-mail to the party’s or counsel’s
electronic mail address, or through other electronic means of transmission as the parties may agree
on, or upon discretion of the court.
2. Service by facsimile - shall be made by sending a facsimile copy to the party’s or counsel’s given
facsimile number.
Section 10. Presumptive service
Addressee is from the same judicial region of the court
There shall be presumptive notice to a party of a court setting if such notice appears on the records
to have been mailed atleast 20 calendar days prior to the scheduled date of hearing.
Addressee is from outside the judicial region
There shall be presumptive notice to a party of a court setting if such appears on the records to have
been mailed at least 30 calendar days.
Section 11. Change of electronic mail address or facsimile number
- must promptly file, within five calendar days from such change, a notice of change of e-mail
address or facsimile number with the court and serve the notice on all other parties.
Section 12. Electronic mail and facsimile subject and title of pleadings and other documents.
Section 13. Service of Judgments, Final Orders or Resolutions
Served:
1. Personally; or
2. Registered Mail
Note: Upon ex parte motion of any party in the case, a copy of the judgment, final order, or resolution
may be delivered by accredited courier at the expense of such party.
Summoned by publication
When a party summoned by publication has failed to appear in the action, judgments, final orders or
resolutions against him or her shall be served upon him or her also by means of publication at the
expense of the prevailing party.
Section 14. Conventional service or filing of orders, pleadings and other documents.
Must be served and filed personally or by registered mail:
1. Initiatory pleadings and initial responsive pleadings, such as answer;
2. Subpoena, protection order, and writs;
3. Appendices and exhibits to motions, or other documents that are not readily amenable to
electronic scanning may, at the option of the party filing such, be filed and served
conventionally; and
4. Sealed and confidential documents or records.
Section 15. Completeness of service
Service Completion
Personal service Completed upon actual delivery
Complete upon expiration of ten
Ordinary mail calendar days after mailing, unless
the court otherwise provides.
Complete upon actual receipt by
Registered mail
the addressee, or after five
calendar days from the date he or

she received the first notice of the
postmaster, whichever date is
earlier.
Complete upon actual receipt by
the addressee, or after two
attempts to deliver by the courier
Accredited courier service, or upon the expiration of
five calendar days after the first
attempt to deliver, whichever is
earlier
Complete at the time of the
electronic transmission of the
document or when available, at
the time that the electronic
notification of service of the
Electronic service document is sent.
NOTE: electronic service is not
effective or complete if the party
serving the document learns that
it did not reach the addressee or
person to be served
Complete upon receipt by the
Service by facsimile other party, as indicated in the
facsimile transmission printout.
Section 16. Proof of filing.

GR: filing is proven by its existence in the record of the case
XPN: if it is not in the record, and:
Manner of filing Proof
Proven by the written or stamped
acknowledgment of its filing by
Personal filing
the clerk of court on a copy of the
pleading or court submission.
Proven by the registry receipt and
by the affidavit of the person who
mailed it, containing a full
statement of the date and place of
deposit of the mail in the post
Registered mail office in a sealed envelope
addressed to the court, with
postage fully prepaid, and with
instructions to the postmaster to
return the mail to the sender after
ten calendar days if not delivered
Proven by by an affidavit of
service of the person who brought
the pleading or other document to
Accredited courier
the service provider, together with
the courier’s official receipt and
document tracking number.
Proven by an affidavit of
electronic filing of the filing party
accompanied by a paper copy of
Electronic mail the pleading or other document
transmitted or a written or
stamped acknowledgment of its
filing by the clerk of court.
Proven by an affidavit of
electronic filing of the filing party
Authorized electronic means accompanied by a copy of the
electronic acknowledgment of its
filing by the court.
Section 17. Proof of service

Shall consist:
1. Written admission of the party served; or
2. Or the official return of the server; or
3. The affidavit of the party serving, containing a full statement of the date place and manner
of service.
Mode of Service Proof
Proof shall consist of an affidavit
Ordinary mail
of the person mailing stating the
facts showing compliance with

Section 7 of this Rule.
Proof shall be made by the
affidavit mentioned above and the
registry receipt issued by the
mailing office.
The registry return card shall be
Registered mail filed immediately upon its receipt
by the sender, or in lieu thereof,
the unclaimed letter together with
the certified or sworn copy of the
notice given by the postmaster to
the addressee.
Proof shall be made by an affidavit
of service executed by the person
who brought the pleading or
Accredited courier service paper to the service provider,
together with the courier’s official
receipt or document tracking
number.
Proof shall be made by any
affidavit of service executed by the
Electronic mail, facsimile, or other
person who sent the e-mail,
authorized electronic means of
facsimile, or other electronic
transmission
transmission, together with a
printed proof of transmittal.
Section 18. Court-issued orders and other documents. - the court may electronically serve orders
and other documents to all the parties in the case which shall have the same effect and validity as
provided herein. A paper copy of the order or other document electronically served shall be retained
and attached to the record of the case.
Section 19. Notice of lis pendens
In an action affecting title or 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.
NOTE: Only from the time of filing such notice for record shall a purchaser, or encumbrancer of the
property affected 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.
G.
RULE 14. SUMMONS
I. NATURE
- It is the writ by which the defendant is notified of the action brought against him or her.
- An important part of the notice is a direction to the defendant that he or she must answer
the complaint within the period fixed by the Rules, and that unless he or she so answers, plaintiff will
take judgment by default and may be granted the relief applied for.
II. SUMMONS IN RELATION TO ACTIONS IN PERSONAM, IN REM AND QUASI IN REM
a) Action in personam -
i. To acquire jurisdiction over the person of the defendant; and
ii. To give notice to the defendant that an action has been commenced against him
b) Action in rem and quasi in rem - not to acquire jurisdiction over the defendant but mainly
to satisfy the constitutional requirement of due process
Section 1. Clerk to issue summons.

GR: Within five calendar days from receipt of the initiatory pleading and proof of payment of the
requisite legal fees, direct the clerk of court to issue the corresponding summons to the defendant.
XPN: Unless the complaint is on its face dismissible under Section 1, Rule 9, e.g., when it appears on
the face of the complaint that the Court has no jurisdiction over the subject matter and the action is
barred by res judicata, ltitis pendentia and prescription.
Section 2. Contents. - The summons shall be directed to the defendant, signed by the clerk of court
under seal, and contain:
a. The name of the court and the names of the parties to the action;
b. When authorized by the court upon ex parte motion, an authorization for the plaintiff to
serve summons to the defendant;
c. A direction that the defendant answer within the time fixed by these Rules; and
d. A notice that unless the defendant so answers, plaintiff will take judgment by default and
may be granted the relief applied for.
A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to
the original and each copy of the summons.
Section 3. By whom served.
1. Sheriff
2. His or her deputy; or
3. Other proper court officer

4. In case of failure of service by summons by them, the court may authorize the plaintiff - to
serve the summons - together with the sheriff.
Summons is to be served outside the The plaintiff shall be authorized to
judicial region of the court cause the service of summons
It shall notify the court, in writing,
and name its authorized
representative therein, attaching a
board resolution or secretary’s
Plaintiff is a juridical entity certificate thereto, as the case may
be. Stating that such
representative is duly authorized
to serve the summons on behalf of
the plaintiff.
If the plaintiff misrepresents that the The case shall be dismissed with
defendant was served summons, and prejudice, the proceedings shall be
is later proved that no summons nullifed, and the plaintiff shall be
where served meted appropriate sanctions.
The court shall order the plaintiff
to cause the service of summons
by other means available under
Summons is returned without being the Rules.
served on any or all the defendants Note: failure to comply with the
order shall cause the dismissal of
the initiatory pleading without
prejudice.
Section 4. Validity of summons and issuance of alias summons

The only time that alias summons may be issued by the court is when summons has been lost or
destroyed. The issuance is upon motion.
Summons shall remain valid until duly served
Failure of service - when after unsuccessful attempts to personally serve the summons on the
defendant in his or her address indicated in the complaint.
Section 5. Service in person on defendant.

How done:
1. Shall be served by handing a copy thereof to the defendant in person and informing the defendant
that he or she is being served; or
2. If he or she refuses to receive and sign for it, by leaving the summons within the view and in the
presence of the defendant.
Section 6. Substituted service

When allowed
If, for justifiable causes, the defendant cannot be served personally after at least there
attempts on two different dates.
How affected:
a. By leaving copies of the summons at the defendant’s residence to a person at least 18
years of age and of sufficient discretion residing therein;
b. By leaving the copies of the summons at the defendant’s office or regular place of
business with some competent person in charge thereof. A competent person includes,
but not limited to, one who customarily receives correspondences for the defendant.;
c. By leaving copies of the summons, if refused entry upon making his or her authority and
purpose known, with any of the officers of the homeowner’s association or
condominium corporation, or its chief security officer in charge of the community or the
building where the defendant may be found; and
d. By sending an electronic mail to the defendant’s electronic mail address, if allowed by the
court. (by leave of court)
Requisites:
1. Indicate the impossibility of service of summons within a reasonable time;
2. Specify the efforts exerted to locate the defendant; and
3. State that the summons was served upon:
a) A person of sufficient age and discretion who is residing in the address, or
b) A person in charge of the office or regular place of business, of the defendant
4. It is likewise required that the pertinent facts proving these circumstances be stated in the proof of
service or in the officer’s return.
Section 7. Service upon entity without juridical personality. - When persons associated in an entity
without juridical personality are sued under the name by which they are generally or commonly
known, service may be effected upon all the defendants by serving upon any one of them, or upon the
person in charge of the office or place of business maintained in such name. But such service shall not
bind individually any person whose connection with the entity has, upon due notice, been severed
before the action was filed.
Section 8. Service upon prisoners.

- shall be effected upon him or her by the officer having the management of such jail or institution
who is deemed as a special sheriff for said purpose.
- the jail warden shall file a return within five calendar days from service of summons to the
defendant.
Section 9. Service consistent with international conventions.
Section 10. Service upon minors and incompetents

Defendant is a minor, insane or otherwise an incompetent person:
1. Service of summons shall be made upon him or her personally and on his or her legal guardian if
he or she has on; or
2. If none, upon his or her guardian ad litem whose appointment shall be applied for by the plaintiff;
3. In the case of a minor, service shall also be made on his or her parent or guardian.
Section 11. Service upon spouses. - when spouses are sued jointly, service of summons should be
made to each spouse individually.
Section 12. Service upon domestic private juridical entity

When the defendant is a corporation, partnership or association organized under the laws of
the Philippines with a juridical personality, service may be made on:
1. President;
2. Managing partner;
3. General manager;
4. Corporate secretary;
5. Treasurer;
6. In house counsel of the corporation;
7. Secretaries (in the absence or unavailability of the former)
If such service cannot be made upon any of the foregoing persons, it shall be made upon the
person who customarily receives the correspondence for the defendant at its principal office.
In case the domestic juridical entity is under receivership or liquidation, service of summons
shall be made on the receiver or liquidator, as the case may be.
Should there be a refusal on the part of the persons above-mentioned to receive summons
despite at least three attempts on two different dates, service may be made electronically, if allowed
by the court, as provided under Section 6 of this Rule.
Section 13. Duty of counsel on record. - Where the summons is improperly served and a lawyer
makes a special appearance on behalf of the defendant to, among others, question the validity of
service of summons, the counsel shall be deputized by the court to serve summons on his or her
client.
Section 14. Service upon foreign private juridical entities.

A. When the defendant is a foreign private juridical entity which has transacted or is doing business
in the Philippines, as defined by law, service may be made on its:
1. Resident agent designated in accordance with law for that purpose; or
2. If there be no such agent, on the government official designated by law to that effect; or
3. On any of its officers, agents, directors or trustees within the Philippines.
B. Juridical entity is not registered in the Philippines, or has no resident agent but has transacted or is
doing business in it, as defined by law, such service may, with leave of court, be effected outside of
the Philippines through any of the following:
1. By personal service cursed through the appropriate court in the foreign country with the
assistance of the department of foreign affairs;
2. By publication once in a newspaper of general circulation in the country where the
defendant may be found and by serving a copy of the summons and the court order by
registered mail at the last known address of the defendant;
3. By facsimile;
4. By electronic means with the prescribed proof of service; or
5. By such other means as the court, in its discretion, may direct.
Section 15. Service upon public corporation.

A. When the defendant is the Republic of the Philippines - service may be effected on the Solicitor
General;
B. Province, city or municipality, or like public corporations - service may be effected on its executive
head, or on such other officer or officers as the law or the court may direct.
Section 16. Service upon defendant whose identity or whereabouts are unknown.
- Within 90 calendar days from the commencement of the action, service may, by leave of court, be
affected upon him or her by publication in a newspaper of general circulation and in such places and
for such time as the court may order.
- Any order granting such leave shall specify a reasonable time, which shall not be less than 60
calendar days after notice, within which the defendant must answer.
Section 17. Extraterritorial service.

Instances when extra-territorial service of summons is allowed:
1. The action affects the personal status of the plaintiff;
2. The action relates to, or the subject of which is the property within the Philippines on which the
defendant has or claims a lien or interest, actual or contingent;
3. The action in which the relief demanded consists, wholly or in part, in excluding the defendant
from any interest therein; and
4. When the property of the defendant has been attached in the Philippines
Manner of service of summons in cases of extra-territorial service

1. With leave of court served outside the Philippines by personal service;
2. As provided for in international conventions to which the Philippines is a party;
3. With leave of court served by publication in a newspaper of general circulation, in which case a
copy of the summons and order of court must also be sent by registered mail to the last known
address of defendant; or
4. Any other manner the court may deemed sufficient.
Section 18. Residents temporarily out of the Philippines. - When any action is commenced against a
defendant who ordinarily resides within the Philippines, but who is temporarily out of it, service may,
by leave of court, be also effected out of the Philippines, as under the preceding Section.
Section 19. Leave of court. - Any application to the court under this Rule for leave to effect service in
any manner for which leave of court is necessary shall be made by motion in writing, supported by
affidavit of the plaintiff or some person on his behalf, setting forth the grounds for the application.
Section 20. Return.

- Within 30 calendar days from issuance of summons - shall complete its service.
- Within five calendar days from service of summons - the server shall file with the court and serve a
copy of the return to the plaintiff’s counsel, personally, by registered mail, or by electronic means
authorized by the Rules.
Should substitute service have been effected, the return shall state the following:
1. The impossibility of prompt personal service within a period of 30 calendar days from issue and
receipt of summons;
2. The date and time of the three attempts on at least two different dates to cause personal service
and the details of the inquiries made to locate the defendant residing thereat; and
3. The name of the person at least eighteen years of age and of sufficient discretion residing thereat,
name of the competent person in charge of the defendant’s office or regular place of business, or
name of the officer of the homeowners’ association or condominium corporation or its chief security
officer in charge of the community or building where the defendant may be found.
Section 21. Proof of service.

a. The proof of service of a summons shall be made in writing by the server and shall set forth the
manner, place, and date of service;
b. Shall specify any papers which have been served with the process and the name of the person who
received the same; and
c. Shall be sworn to when made by a person other than a sheriff or his or her deputy.
Note: If summons was served by electronic mail, a printout of said e-mail, with a copy of the
summons as served, and the affidavit of the person mailing, shall constitute as proof of service.
Section 22. Proof of service by publication.
- service may be proved by the affidavit of the publisher, editor, business or advertising manager, to
which affidavit a copy of the publication shall be attached, and by an affidavit showing the deposit of
a copy of the summons and order for publication in the post office, postage prepaid, directed to the
defendant by registered mail to his or her last known address.
Section 23. Voluntary appearance. - The defendant’s voluntary appearance in the action shall be
equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from
lack of jurisdiction over the person of the defendant shall be deemed a voluntary.
Note: Voluntary appearance cures the defect in the service of summons.
Forms of voluntary appearance

1. Voluntary appearance of attorney;
2. A motion, by answer, or simple manifestation (Flores v. Surbito, G.R. No. L-12890, March 8, 1918)
3. A telegraphic motion for postponement (Punzalan v. Papica, February 29, 1960);
4. Filing a motion for dissolution of attachment;
5. Failure to question the invalid service of summons (Navale v. CA, G.R. No. 109957, February 20,
1996); and
6. Filing a motion for extension of time to file an answer; and
7. Motion to dismiss based on other grounds aside from lack of jurisdiction over he person of the
defendant. (Sec. 23, Rule 14)
H.
RULE 15. MOTIONS
Section 1. Motion defined. - A motion is an application for relief other than by a pleading.
Section 2. Motion must be in writing.
GR: All motions shall be in writing.
XPN: 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 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 matter be
heard wholly or partly an oral testimony or depositions.
Section 3. Contents. - A motion shall be state:
a. the relief sought to be obtained’ and
b. the grounds upon which it is based; and
c. if required by these Rules or necessary to prove facts alleged therein, shall be accompanied by
supporting affidavits and other papers.
Section 4. Non-litigious motions. - One which does not require that the parties be heard and which
the court may act upon without prejudicing the rights of the other party. 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 calendar
days from receipt thereof.
Section 5. Litigious motion. - One which requires parties to be heard before a ruling on the motion is
made by a court. 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
- 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.
- the opposing party shall file his or her opposition to a litigious motion within five 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 days from its receipt of the
opposition thereto, or upon expiration of the period to file such opposition.
Section 6. Notice of hearing on litigious motions; discretionary
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.
Section 8. Motion day. - FRIDAY
Section 9. Omnibus motion.
GR: The omnibus motion rule requires the motion that attacks a pleading, order, judgment, or
proceeding should be invoked at one time; otherwise, they shall be deemed waived.
XPNs:
1. Lack of jurisdiction over the subject matter;
2. Litis pendentia;
3. Res judicata; and
4. Prescription.
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
Section 11. Forms
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 temporary restraining order or injunction issued by a
higher court;
e. Motion for extension o 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.
Section 13. Dismissal with prejudice. -
1. 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;
2. That the claim or demand set forth in the plaintiff’s pleadings has been paid, waived, abandoned or
otherwise extinguished; or
3. That the claim on which the action is founded is unenforceable under the provisions of the statute
of frauds
Note: Subject the right of appeal.
I.
RULE 17. DISMISSAL OF ACTION
Dismissal Upon Notice by Dismissal Upon Motion of Dismissal Due to the Fault of
the Plaintiff; TWO-NOTICE Plaintiff; Effect on Existing Plaintiff
RULE Counterclaim
A complaint may be dismissed After service of the answer or a 1. If, for no justifiable cause, the
by the plaintiff by filing a motion for summary judgment by plaintiff fails to appear on the
notice of dismissal at any time the adverse party. (Sec. 2, Rule date of the presentation of his
before service of the answer 17) evidence in chief on the
or of a motion for summary complaint
judgment. Upon such notice 2. If the plaintiff fails to
being filed, the court shall prosecute his action for an
issue an order confirming the unreasonable length of time
dismissal. Unless otherwise (nolle prosequi)
stated in the notice, the 3. If the plaintiff fails to comply
dismissal is without with the Rules or any order of
prejudice, except that a notice the court (Sec. 3, Rule 17)
operates as adjudication upon
the merits when filed by a NOTE: The plaintiff’s failure to
plaintiff who has once appear at the trial after he has
dismissed in a competent presented his evidence and
court an action based on or rested his case does not
including the same claim. warrant the dismissal of the
(Sec. 1, Rule 17) case on the ground of failure to
prosecute. It is merely a waiver
of his right to cross-examine
and to object to the
admissibility evidence.
It is a matter of right. A matter of discretion upon the Matter of evidence.
court. A complaint shall not be
GR: A dismissal without dismissed at the plaintiff’s GR: Dismissal is with prejudice
prejudice i.e. the complaint instance save upon approval of because it has an effect of an
can be re-filed the court and upon such terms adjudication on the merits.
and conditions as the court
XPNs: deems proper. (Sec. 2, Rule 17) XPN: Unless otherwise declared
1. The notice of dismissal by by the court. (Sec. 3, Rule 17)
the plaintiff provides that the GR: It is a dismissal without
dismissal is with prejudice; or prejudice.
2. The plaintiff has once
dismissed in a competent XPN: If the order of dismissal
court an action based on or specifies that it is with prejudice.
including the same claim (Sec. 2, Rule 17)
(Two-Dismissal Rule) (Sec. 1,
Rule 17). NOTE: A class suit shall not be
3. Even where the notice of dismissed or compromised
dismissal does not provide without approval of the court.
that it is with prejudice but it
is premised on the fact of If a counterclaim has been
payment by the defendant of pleaded by a defendant prior to
the claim involved (Serrano v. the service upon him of the
Cabrera, GR No. L-5189, plaintiff’s motion for dismissal,
September 12, 1953) the dismissal shall be limited to
the complaint.
NOTE: The dismissal as a
matter of right cases when an

answer or a motion for
summary judgment is served
on the plaintiff and not when
the answer or motion is filed
with the court. Thus, if a
notice of dismissal is filed by
the plaintiff even after an
answer has been filed in court
but before the responsive
pleading has been served on
the plaintiff, the notice of
dismissal is still a matter of
right.
Since there is no answer yet GR: It is without prejudice to the Dismissal upon motion of the
filed by the adverse party, no right of defendant to prosecute defendant or upon the court’s
counterclaim is recoverable. his counterclaim in a separate own motion is without
action. prejudice to the right of the
defendant to prosecute his
XPN: Unless within 15 calendar counterclaim on the same or
days from notice of the motion he separate action.
manifests his preference to have
his counterclaim resolved in the
same action.
J.
RULE 18. PRE-TRIAL
Concept of Pre-trial
It is a procedural device by which the court is called upon, after the filing of the last pleading,
to compel the parties and their lawyers to appear before it, and negotiate an amicable settlement or
otherwise make a formal statement and embody in a single document the issues of fact and law
involved in the action, and such other matters as may aid in the prompt disposition of the action.
Section 1. When conducted. - After the last responsive pleading has been served and filed, the branch
clerk of court shall issue, within five calendar days from filing, a notice of pre-trial which shall be set
not later than 60 calendar days from the filing of the last responsive pleading.
Last responsive pleading
The last permissible pleading that a party can file is the reply to the answer to the last
pleading asserting a claim. This claim could be the original complaint, the counter-claim, cross-claim,
or third-party complaint.
If an answer, is filed and served in response to these claims, the pleading in response to
these answers is the reply which is to be filed within fifteen calendar days from the service of the
pleading responded to.
Section 2. Nature and purpose. - 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 be a valid ground therefor be found to exist
g) The requirement for the parties to:
1. Mark their respective evidence
2. Examine and make comparisons of the adverse parties’ evidence vis-a-vis the
copies to be marked;
3. Manifests for the record stipulations regarding the faithfulness of the
reproductions and 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 an the nature
of the testimony of the proposed witness;
ii. For documentary evidence and other object evidence, by giving a
particular description of the evidence.
No reservation shall be allowed if not made in the manner described above.
h) Such other matters as may aid in the prompt disposition of the action.
Failure to appear without just cause of a party despite notice - waiver of any objections to the
faithfulness of the reproductions marked, or their genuineness and due execution.
Failure to bring evidence required without just cause - waiver of the presentation of such evidence
Section 3. Notice of pre-trial. - Includes the dates respectively set for:
A) Pre-trial;
B) Court-annexed Mediation; and
C) Judicial Dispute Resolution, if necessary.
Non-appearance at any of the foregoing settings shall be deemed as non-appearance at the pre-trial
and shall merit the same sanctions under Sec. 5 hereof.
Section 4. Appearance of parties. - Duty of the parties and their counsel to appear
Non-appearance of a party and counsel may be excused only:
1. for acts of God,
2. force majeure, or
3. duly substantiated physical inability.
A representative may appear on behalf of a party, but must be fully authorized in writing to enter
into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into
stipulations or admissions of facts and documents.
Section 5. Effect of failure to appear.
Plaintiff and counsel
Duly notified and failure to appear without valid cause when so required - shall cause the dismissal of
the action; with prejudice unless otherwise ordered by the court.
Defendant and counsel
Failure to appear without valid cause when so required - allow the plaintiff to present his or her
evidence ex parte within 10 calendar days from termination of the pre-trial, and the court to render
judgment on the basis of the evidence offered.
Section 6. Pre-trial brief.
When filed
The parties shall file their respective pre-trial briefs in such manner as shall ensure their
receipt thereof at least three calendar days before the date of the pre-trial.
Contents of a pre-trial brief
1. A concise statement of the case and the reliefs prayed for;
2. A summary of admitted facts and propose stipulation of facts;
3. The main factual and legal issues to be tried or resolved;
4. The propriety of referral of factual issues to commissioners;
5. The documents or other object evidence to be marked, stating the purpose thereof;
6. The names of the witnesses, and the summary of their respective testimonies; and
7. 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.
Section 7. Pre-trial Order
Upon termination of the pre-trial, the court shall issue an order within ten calendar days
which shall recite in detail the matters taken up.
Contents of a Pre-trial Brief
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 on-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 pleading or summary judgment, as the
case may be.
Postponement of presentation
GR: postponement of presentation of the parties’ witnesses at a scheduled date is prohibited.
XPN:
1. Based on acts of God;
2. Force majeur; or
3. Duly substantiated physical inability of the witness to appear and testify.
Failure of the opposing party to appear without valid cause - 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.
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 30 calendar days without further
extension.
Section 9. Judicial Dispute Resolution. - it is a process whereby a judge employs conciliation,
mediation, or early neutral evaluation in order to settle a case at the pre-trial case.
- Only if the judge of the court to which the case was originally raffled is convinced that
settlement is possible, the case may be referred to another court for JDR.
- conducted within a non-extendible period of 15 calendar days from notice of the court-
annexed mediation.
- if fails, trial before the original court shall proceed on the dates agreed upon.
Section 10. Judgment after pre-trial.
Should there be no more controverted facts, or no more genuine issue 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 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.
K.
RULE 19. INTERVENTION
Intervention - is a remedy by which a third party, not originally impleaded in the proceedings,
becomes litigant therein to enable him, her or it to protect or preserves a right or interest which may
be affected by such proceedings.
- It is a proceeding in a suit or action by which a third person is permitted by the court to
make himself a party, either joining the plaintiff in claiming what is sought by the complaint, or
uniting with the defendant in resisting the claims of the plaintiff or demanding something adverse
from both of them.
REQUISITES:
1. There must be a motion for intervention filed before rendition of judgment by the trial court;
2. The movant must show in his or her motion that he or she:
a) Has an immediate legal interest in the matter in controversy, not merely contingent;
b) Has legal interest in the success of either of the parties in the action;
c) Has legal interest against both parties; or
d) Is so situated as to be adversely affected by a distribution or other disposition of the
property in the custody of the court or of an officer thereof.
3. Intervention will not unduly delay or prejudice the adjudication of the rights of original parties;
and
4. Intervenor’s rights may not be fully protected in a separate proceeding.
Section 1. Who may intervene. -
A person who has:
1. A legal interest in the matter in litigation; or
2. In the success of either of the parties; or
3. An interest against both; or
4. Is so situated as to be adversely affected by a distribution or other disposition of property in the
custody of the court or of an officer thereof.
The court shall consider whether or not the intervention will unduly delay or prejudice the
adjudication of the rights of the original parties, and whether or not the intervenor’s rights may be
fully protected in a separate proceeding.
Section 2. Time to intervene. - The motion to intervene may be filed at any time before rendition of
judgment by the trial court.
Section 3. Pleadings-in-intervention
a) Complaint-in-intervention - if he or she asserts a claim against either or all of the original parties
b) Answer-in-intervention - if he or she unites with the defending party in resisting a claim against the
latter.
Section 4. Answer to complaint-in-intervention. - The answer to the complaint-in-intervention shall
be filed within 15 calendar days from notice of the order admitting the same, unless a different
period is fixed by the court.
L.
RULE 20. CALENDAR OF CASES
Section 1. Calendar of cases. - The clerk of court, under the direct supervision of the judge, shall keep
a calendar of cases for pre-trial, for trial, those whose trials were adjourned for postponement, and
those with motions to set of hearing.
Preference shall be given to habeas corpus cases, election cases, special civil actions, and
those required by law.
Section 2. Assignment of cases. - The assignment of cases to the different branches of a court shall be
done exclusively by raffle. The assignment shall be done in open session of which adequate notice
shall be given so as to afford interested parties the opportunity to be present.
M.
RULE 21. SUBPOENA
Section 1. Subpoena and subpoena duces tecum
Subpoena is a Latin term which literally means “under the pain of penalty”
A. Subpoena Ad Testificandum - a process directed to a person requiring him or her to attend and to
testify at the hearing or the trial of an action, or at any investigation conducted by competent
authority, or for the taking of his or her deposition.
B. Subpoena Duces Tecum - a process directed to a person requiring him or her to bring with him or
her any books, documents, or other things under his control.
Section 2. By whom issued. - The subpoena may be issued by -
a) The court before whom the witness is required to attend;
b) The court of the place where the deposition is to be taken;

c) The officer of body authorized by law to do so in connection with the investigation
conducted by said officer or body; or
d) Any Justice of the Supreme Court or the Court of Appeals in any case or investigation
pending within the Philippines.
Subpoena to a prisoner
When application for a subpoena to a prisoner is made, the judge or officer shall examine
and study carefully such application to determine whether the same is made for a valid purpose. No
prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any
penal institution shall be brought outside the said penal institution for appearance or attendance in
any court unless authorized by the Supreme Court.
Section 3. Form and contents.
The subpoena shall be directed to the person whose attendance is required. It shall state the
following:
1. The name of the court;
2. The title of the action or investigation,
3. A reasonable description of the books, documents or things demanded, in case of a
subpoena duces tecum.
Section 4. Quashing a subpoena. -
A. The court may quash a subpoena duces tecum upon motion promptly made and, in any event at or
before the time specified therein if it is:
1. Unreasonable and oppressive; or
2. The relevancy of the books, documents or things does not appear; or
3. If the person in whose behalf the subpoena is issued fails to advance the reasonable cost of
the production thereof.
B. The court may quash a subpoena ad testificandum on the ground that the witness is not bound
thereby.
C. In either case, the subpoena may be quashed on the ground that the witness fees and kilometrage
allowed by these Rules were not tendered when the subpoena was served.
Section 5. Subpoena for deposition. - Proof of service of notice to take a deposition, as provided in
Sections 15 and 25, Rule 23, shall constitute sufficient authorization for the issuance of subpoenas for
the persons named in said notice by the clerk of the court of the place in which the deposition is to be
taken. The clerk shall not, however, issue a subpoena duces tecum to any such person without an
order of the court.
Section 6. Service.
It shall be made in the same manner as personal or substituted service of summons.
The original shall be exhibited and a copy thereof delivered to the person on whom it is served.
Costs for court attendance and production of documents subject of the subpoena shall be tendered or
charged accordingly.
Rationale for service of subpoena
The service must be made so as to allow the witness a reasonable time for preparation and travel to
the place of attendance.
Section 7. Personal appearance in court. - A person present in court before a judicial officer may be
required to testify as if he or she were in attendance upon a subpoena issued by such court or officer.
Section 8. Compelling attendance; Section 9. Contempt; Section 10. Exceptions
GR: The court or judge which issued the subpoena, upon proof of the service thereof and of the
failure of the witness, may issue a warrant for the arrest of the witness and require him or her to pay
the cost of such warrant and seizure, if the court should determine that his disobedience was willful
and without just cause. (Sec 8)
The refusal to obey a subpoena without adequate cause shall be deemed contempt of the court
issuing it. If the subpoena was not issued by a court, disobedience thereto shall be punished in
accordance with the applicable law or Rule. (Sec. 9)
XPNs:
1. Viatory right - where the witness reside more than 100kms from his or her residence to
the place where he or she is to testify by the ordinary course of travel; or
2. When the permission of the court in which the detention prisoner’s case is pending was
not obtained. (Sec. 10)
N.
RULE 22. COMPUTATION OF TIME
Section 1. How to compute time. -
- The day of the act or event from which the designated period of time begins to run is to be excluded
and the date of performance included. If the last day falls on a Saturday, or a Sunday, or a legal
holiday, in the place where the court sits, the time shall not run until the next working day.
Pretermission of Holidays
It is the rule which states that the exclusion of such holidays in the computation of the period,
whenever the first two rules of Section 1 are present.
A. It does not apply to:
1. Those provided in the contract;
2. A specific date set for a court hearing or foreclosure of sale; and
3. Prescriptive period (not reglementary) provided by the RPC. Accordingly, in criminal cases
the court cannot lengthen the period fixed by law to prosecute the offender. The waiver or loss
of the right to prosecute is automatic and by operation of law. Where the last Sunday or legal
holiday, the period cannot be extended up to the next working day since prescription has
already set in.
B. It shall apply to:
1. A pleading filed on the last day of the regelmentary period but after office hours is still
considered as seasonably filed if duly mailed; and
2. Period of redemption of real properties sold at execution sale, thus , the redemption period is
actually 360 days.
Where the last day of doing any act required or permitted by law falls on a Saturday, a Sunday or a
legal holiday in the place where the court sits, the time shall not run until the next working day.
Section 2. Effect of interruption.
Should an act be done which effectively interrupts the running of the period, the allowable period
after such interruption shall start to run on the day after the notice of the cessation of the cause
thereof.
The day of the act that caused the interruption shall be excluded in the computation of the period.
M. MODES OF DISCOVERY
The modes of discovery are designed to serve as an additional device aside from pre-trial, to
narrow and clarify the basic issues between the parties, to ascertain the facts relative to the issues
and to enable the parties to obtain the fullest possible knowledge of the issues and facts before civil
trials and thus prevent the said trials to be carried on in the dark.
Discovery - device employed by a party to obtain information about relevant matters on the case from
the adverse party in the preparation for trial
Deposition - taking testimony out of court of any person, whether party to the action or not but at the
instance of a party to the action.
RULE 23. DEPOSITIONS PENDING ACTIONS

Section 1. Depositions pending action, when may be taken.
- Upon ex parte motion of a party, the testimony of any person, whether a party or not, may be taken
by deposition upon oral examination or written interrogatories.
- The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 21.
Depositions shall be taken only in accordance with these Rules.
- The deposition of a person confined in prison may be taken only by leave of court on such terms as
the court prescribes.
Section 2. Scope of examination.
- The deponent may be examined regarding any matter, not privileged, which is relevant to the
subject of the pending action, whether relating to the claim or defense of any other party, including
the existence, description, nature, custody, condition, and location of any books, documents, or other
tangible things and the identity and location of persons having knowledge of relevant facts.
Section 3. Examination and cross-examination. - Deponents may proceed as permitted at the trial
under Sections 3 to 18 of Rule 132.
Section 4. Use of depositions. -
- May be used against any party who was present or represented at the taking of the deposition or
who had due notice thereof, in accordance with any one of the following provisions:
a) Any depositions 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 any one who at the time of taking the deposition was an
officer, director, or managing agent of a public or private corporation, partnership, or
association which is a party may be used by an adverse party for any purpose.
c) The deposition of a witness, whether or not a party, may be used by any party for any
purpose if the court finds:
1. The witness is dead; or
2. That the witness resides at a distance more than 100 km from the place of trial or
hearing, or is out of the Philippines;
3. That the witness is unable to attend or testify because of age, sickness, 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.
Section 5. Effect of substitution of parties.
- Substitution of parties does not affect the right to use depositions previously taken ; and,
- When an action has been dismissed and another action involving the same subject is afterward
brought between the same parties or their representatives or successors in interest,
- All depositions lawfully taken and duly filed in the former action may be used in the latter as if
originally taken thereof.
Section 6. Objections to admissibility. - objection may be made at the trial or hearing to receiving in
evidence any deposition or part thereof for any reason which would require the exclusion of the
evidence if the witness were then present and testifying.
Section 7. Effect of taking depositions. - A party shall not be deemed to make a person his or her own
witness for any purpose by taking his or her deposition.
Section 8. Effect of using depositions.
GR: The introduction in evidence of the deposition, or any part thereof, makes the deponent the
witness of the party introducing the deposition.
XPN: Introduction of deposition does not make the deponent his or her witness:
1. If the deposition is used for impeaching or contradicting the deponent (Sec. 8); or
2. If the adverse party uses the deposition of the other party [Sec. 4(b)]
Section 9. Rebutting deposition. - At the trial or hearing, any party may rebut any relevant evidence
contained in a deposition whether introduced by him or her by any other party
Section 10 - 11. Persons before whom deposition may be taken
1. If within the Philippines
a) Any judge;
b) Notary public; or
c) any person authorized to administer oaths, as stipulated by the parties in writing
(Sec. 14)
2. If outside the Philippines
a) On notice, before a secretary of embassy or legation, consul-general, consul, vice-
consul, or consular agent of the Philippines. (Sec. 11); or
b) Before such person or officer as may be appointed by commission or letter
rogatory; or
c) Any person authorized to administer oaths, as stipulated by the parties in writing
(Sec. 14)
Section 12. Commission or letters rogatory.
A commission or letters rogatory shall be issued only when necessary or convenient, on application
and notice, and on such terms and with such direction as are just and appropriate.
COMMISSION LETTERS ROGATORY
An instrument issued by a court of justice or An instrument sent in the name and by the
other competent tribunal, directed to a authority of a judge or court of another,
magistrate by his official designation or to an requesting the latter to cause to be examined,
individual by name, authorizing him to take upon interrogatories filed in a case pending
depositions of the witness named therein before the former, a witness who is within the
jurisdiction of the judge or court to whom such
letters are addressed. (Dasmariñas Garments, Inc.
V. Reyes, et al, GR No. 108229, August 24, 1993)
Directed to officials of the issuing jurisdiction Requests to foreign tribunals
Taken in accordance with the rules laid down by The methods of procedure are under the control
the court issuing the commission of foreign tribunal. (Dulay v. Dulay, GR No.
158857, November 11, 2005)
Section 13. Disqualification by interest. - No deposition shall be taken:

1. Before a person who is a relative within the sixth degree of consanguinity or affinity;
2. Employee or counsel of any of the parties; or
3. Who is a relative within the same degree; or
4. Employee of such counsel;
5. Who is financially interested in the action.
Section 14. *refer to Section 10-11
Section 15. Deposition upon oral examination; notice; time and place.
1. Give reasonable notice in writing to every other party to the action.
2. The notice shall state the time and place for taking the deposition; and
3. The name and address of each person to be examined, if known.
Note: if the name is not known, a general description sufficient to identify him or her or the
particular class or group to which he or she belongs.
Section 16. Orders for the protection of parties and deponents
a) That the deposition shall not be taken;
b) That the deposition may be taken only at some designated place other than that stated in
the notice;
c) That the deposition may be taken only on written interrogatories;
d) That certain matters shall not be inquired into;
e) That the scope of the examination shall be held with no one present except the parties to
the action and their officers or counsel;
f) That after being sealed the deposition shall be opened only by order of the court;
g) That secret processes, developments, or research need not be disclosed; or
h) That the parties shall simultaneously file specified documents or information enclosed in
sealed envelopes to be opened as directed by the court.
Section 17. Record of examination; oath; objections.
- The officer before whom the deposition is to be taken shall put the witness on oath and shall
personally, or by someone acting under his or her direction and in his or her presence, record the
testimony of the witness. The testimony shall be taken stenographically unless the parties agree
otherwise.
- A deposition officer has no authority to rule on the objection. Evidence objected shall be taken
subject to the objection, shall be ruled upon by the court when the deposition is offered in evidence.
Section 18. Motion to terminate or limit examination.
- at any time during the taking of deposition, on motion or petition of any party or deponent and
upon showing that the examination is being conducted in:
a) Bad faith; or
b) In such manner as unreasonably to annoy, embarrass, or oppress the deponent or party,
The court in which the action is pending or the RTC of the place where the deposition is being taken
may order the officer conducting the examination:
1. To cease forthwith from taking the deposition; or
2. Limit the scope and manner of taking of the deposition
Note: it shall resume only upon the order of the court in which the action is pending
- Upon the demand of the objecting party or deponent, the taking of the deposition shall be
suspended for the time necessary to make a notice for an order.
Section 19. Submission to witness; changes; signing.
- Any changes in form or substance which the witness desires to make shall be entered upon the
witness desires to make shall enter upon the deposition by the officer with a statement of the
reasons given by the witness for making them.
- The deposition shall then be signed by the witness, unless the parties by stipulation waive the
signing or the witness is ill or cannot be found or refuses to sign.
- If the deposition is not signed by the witness, the officer shall sign ti and state on the record the fact
of the waiver.
Section 29. Effect of errors and irregularities in depositions
a) As to notice - waived, unless written objection is promptly served upon the party giving
the notice.
b) As to disqualification of officer - waived, unless made before the taking of the deposition
begins or as soon thereafter as the disqualification becomes known or could be discovered
with reasonable diligence.
c) As to competency or relevancy of evidence - not waived by failure to make them before or
during the taking of the deposition, unless the ground of the objection is one which might
have been obviated or removed if presented at that time.
d) As to oral examination and other particulars - errors and irregularities occurring at the
oral examination in the manner of taking the deposition, in the form of the questions or
answers, in the oath or affirmation, or in the conduct of the parties and errors of any kind
which might be obviated, removed, or cured if promptly prosecuted, are waived unless
reasonable objection thereto is made at the taking of the deposition.
e) As to form of written interrogatories - objections to the form of written interrogatories
submitted under Sections 25 (service of notice) and 26 of this Rule are waived unless served
in writing upon the party propounding them within the time allowed for serving succeeding
cross or other interrogatories and within 3 calendar days after service of the last
interrogatories authorized.
f) As to manner of preparation - errors and irregularities in the manner in which the
testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed,
transmitted, filed, or otherwise dealt with by the officer under Sections 17, 19, 20 and 26 of
this Rule are waived unless a motion to suppress the deposition or some part thereof is
made with reasonable promptness after such defect is, or with due diligence might have
been. Ascertained.
RULE 24. BEFORE ACTION OR PENDING APPEAL
Section 1. Depositions before action; petition.

A person who desires to perpetuate his or her own testimony or that of another person
regarding any matter that may be cognizable in any court of the Philippines, may file a verified
petition in the court of the residence of any expected adverse party.
Section 2. Contents of petition.
The petition shall be entitled in the name of the petitioner and shall show:
a) That the petitioner expects to be a party to an action in a court of the Philippines but is
presently unable to bring it or cause it or be brought;
b) The subject matter of the expected action and his or her interest therein;
c) The facts which he or she desires to establish by the proposed testimony and his or her
reasons for desiring to perpetuate it;
d) The names or a description of the persons he or she expects will be adverse parties and
their addresses so far as known; and
e) The names and addresses of the persons to be examined and the substance of the
testimony which he or she expects to elicit from each, and shall ask for an order authorizing
the petitioner to take the depositions of the persons to be examined named in the petition
for the purpose of perpetuating their testimony.
Section 3. Notice and Service.
The petitioner shall serve a notice upon each person named in the petition as an expected
adverse party, together with a copy of the petition, stating that the petitioner will apply to the court,
at a time and place named therein, for the order described in the petition. At least twenty (20)
calendar days before the date of the hearing, the court shall cause notice thereof to be served on the
parties and prospective deponents in the manner provided for service of summons.
Section 4. Order and examination.

- If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of
justice, it shall make an order designating or describing the persons whose deposition may be taken
and specifying the subject matter of the examination and whether the depositions shall be taken
upon oral examination or written interrogatories.
Section 5. Reference to court
- shall be deemed to refer to the court in which the petition for such deposition was filed.
Section 6. Use of deposition.
- it would be admissible in evidence, it may be used in any action involving the same subject matter
subsequently brought in accordance with the provisions of section 4 and 5 of Rule 23.
Section 7. Depositions pending appeal.
- The court in which the judgment was rendered may allow the taking of depositions of witnesses to
perpetuate their testimony for use in the event of further proceedings in the said court. In such case
the party who desires to perpetuate the testimony may make a motion in the said court for leave to
take the depositions, upon the same notice therein. The motion shall state:
a) The names and addresses of the persons to be examined; and
b) the substance of the testimony which he or she expects to elicit from each; and
c) The reason for perpetuating their testimony.
RULE 25. INTERROGATORIES TO PARTIES

Purpose
The framers of the new court rules intended that the rules should provide ample facilities for
discovery of facts before trial so that surprise at the trial and possible miscarriage of justice at the
trial and possible miscarriage of justice might be avoided. A purpose of this rule was to obtain
admissions and thus limit subjects of controversy at trial and avoid unnecessary testimony and wast
of time in preparation. (Feria & Noche, 2013)
Section 1. Interrogatories to parties; service thereof.
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 it behalf.
Section 2. Answer to Interrogatories.
- shall be answered fully in writing and shall be signed and sworn to by the person making them. The
party upon whom the interrogatories have been served shall file and serve a copy of the answers on
the party submitting the interrogatories within fifteen calendar days after service thereof, unless the
court, on motion and for good cause shown, extends or shortens the time.
Section 3. Objections to interrogatories.
Objections to any interrogatories may be presented to the court within ten calendar days
after service thereof, with notice as in case of a motion; and answers shall be deferred until the
objections are resolved, which shall be at as early a time as is practicable.
Section 4. Number of interrogatories.
No party may, without leave of court, serve more than one set of interrogatories to be
answered by the same party.
Section 5. Scope and use of interrogatories
Interrogatories may relate to any matters that can be inquired into under Section 2 of Rule
23, and the answers may be used for the same purposes provided in Section 4 of the same Rule.
Section 6. Effect of failure to serve written interrogatories
Unless thereafter allowed by the court for good cause shown and to prevent a failure of
justice, a party not served with written interrogatories may not be compelled by the adverse party to
give testimony in open court, or to give a deposition pending appeal.
RULE 26. ADMISSION BY ADVERSE PARTY

Section 1. Request for admission.
- Made 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.
Matters requested to be admitted by the adverse party
1. Genuineness of any material and relevant document described in and exhibited with the request;
or
2. Truth of any material and relevant matter of fact set forth in the request.
Section 2. Implied admission
GR: Each of the matters of which an admission is requested shall be deemed admitted.
XPN: Unless, within a period designated in the request, which shall not be less than fifteen calendar
days after service thereof, or within such further time as the court may allow on motion, the party to
whom the request is directed files and serves upon the party requesting the admission a sworn
statement wither denying specifically the matters of which an admission is requested or setting forth
in detail the reasons why he or she cannot truthfully either admit or deny those matters.
NOTE: Objections to any request for admission shall be submitted to the court by the party requested
within the period for and prior to the filing of his or her sworn statement as contemplated in the
preceding paragraph and his or her compliance therewith shall be deferred until such objections are
resolved, which resolution shall be made as early as practicable.
Section 3. Effect of admission
Any admission made by a party pursuant to such request is for the purpose of the pending
action only and shall not constitute and admission by him or her for any other purpose nor may be
used against him or her in any other proceeding.
Section 4. Withdrawal.
The court may allow the party making an admission under this Rule, whether express or
implied, to withdraw or amend it upon such terms as may be just.
Section 5. Effect of failure to file and serve request for admission
Unless otherwise allowed by the court for good cause shown and to prevent a failure of
justice, a party who fails to file and serve a request for admission on the adverse party of material
and relevant facts at issue which are , or ought to be, within the personal knowledge of the latter,
shall not be permitted to present evidence on such facts.
RULE 27. PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

Section 1. Motion for production or inspection
Upon motion of any party showing good cause therefor, the court in which an action is
pending may order any party to:
1. Produce and permit the inspection and copying or photographing, by or on behalf of the
moving party, or of any designated documents, papers, books, 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
2. 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.
NOTE: 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.
Requisites (NDF-CPP)
The requisites in order that a party may compel the other party to produce or allow the inspection of
documents or things, viz:
1. The party must file a motion for the production or inspection of documents or things,
showing good cause therefor;
2. Notice of the motion must be served to all other parties of the case;
3. The motion must designate the documents, papers, books, accounts, letters, photographs,
objects or tangible things which the party wishes to be produced and inspected;
4. Such documents, etc., constitute or contain evidence material to any matter involved in the
action;
5. Such documents, etc., are not privileged, and
6. Such documents, etc., are in the possession, custody or control of the other party.
(Solidbank vs. Gateway Electronics Corp., G.R. No. 164805, April 30, 2008)
RULE 28. PHYSICAL AND MENTAL EXAMINATION OF PERSONS

Section 1. When examination may be ordered.
In an action in which the mental or physical condition of a party is in controversy, the court
in which the action is pending may in its discretion order him or her to submit to a physical or metnal
examination.
Section 2. Order of examination.
a) made only on motion for good cause shown; and
b) Upon notice to the party to be examined and to all other parties; and
c) Shall specify the time, place, manner, conditions and scope of the examination; and
d) Person or persons by whom it is to be made.
Section 3. Report of findings
- If requested by the party examined, the party causing the examination to be made shall deliver to
him or her a copy of a detailed written report of the examining physician setting out his or her
findings and conclusions.
- The party causing the examination to be made shall be entitled upon request to receive from the
party examined a like report of any examination, previously or thereafter made, of the same mental
or physical condition.
- If a party refuses to deliver the report upon request to the person causing the examination to be
made, the court may require its delivery on such terms as are just. If the physician refuses or fails to
make a report, the court may exclude his testimony.
Section 4. Waiver of privilege.
By requesting and obtaining a report of the examination so ordered or by taking the
deposition of the examiner, the party examined waives any privilege he or she may have in that
action or any other involving the same controversy, regarding the testimony of every other person
who has examined or may thereafter examine him or her in respect of the same mental or physical
examination.
RULE 29. REFUSAL TO COMPLY WITH MODES OF DISCOVERY

REFUSAL TO ANSWER ANY QUESTION UPON ORAL EXAMINATION
1. Order to compel an answer;
2. Contempt
3. Require payment of reasonable fees incurred by the proponent
4. Designated facts shall be taken of the action in accordance with the claim of the party obtaining the
order;
5. Dismiss the action or the proceeding;

6. Render a judgment by default against the disobedient party
7. Refuse to allow the disobedient party to support or oppose claims or defenses
8. Strike out all or any part of the pleading of the disobedient party;
9. Stay further proceedings until order is obeyed; or
10. Order the arrest of the refusing party.
REFUSAL TO PRODUCE DOCUMENT OR THING FOR INSPECTION, COPYING OR
PHOTOGRAPHING
1. Designated facts shall be taken to be established for the purposes of the action in accordance with
the claim of the party obtaining the order;
2. Refusing to allow the disobedient party to support or oppose claims or defenses;
3. Strike out all or any part of the pleading of the disobedient party;
4. Dismiss the action or the proceeding;
5. Render a judgment by default against the disobedient party;
6. Stay further proceedings until order is obeyed;
7. Render a judgment by default against the disobedient party; or
8. Order the arrest of the refusing party.
REFUSAL TO THE REQUEST FOR ADMISSION BY ADVERSE PARTY
1. Require payment of reasonable fees incurred by the proponent (Sections 1-4, Rule 26); and
2. Each of the matters of which an admission is requested is deemed admitted (Section 5, Rule 26)
NOTE: The remedy of the party, in this case, is to file a motion to be relieved of the consequences of
the implied admission. The amendment of the complaint per se cannot set aside the legal effects of
the request for admission since its materiality has not been affected by the amendment

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kore.bliss 1 Atty.

FIRST LEVEL COURTS

B. RULE-MAKING POWER OF THE SUPREME COURT

C. PRINCIPLE OF JUDICIAL HIERARCHY

D. DOCTRINE OF NON-INTERFERENCE /JUDICIAL STABILITY

1. Original vs. Appellate

5. Original Jurisdiction of Various Philippine courts

v. Petition for habeas corpus;

c. COURT OF TAX APPEALS

e. REGIONAL TRIAL COURT

g. MeTC, MTCC, MCTC and MCTC

2. Exclusive Original (Criminal Cases)

a) Jurisdiction over the Parties

b) Jurisdiction over the Subject Matter

c) Jurisdiction over the Issues

d) Jurisdiction over the Res or the Property in Litigation

7. JURISDICTION VS EXERCISE OF JURISDICTION

May be waived by: Cannot be waived.

Matter of procedural law. Matter of substantive law.

Rules on Summary Procedure

Criminal Cases 1. Violations of traffic laws, rules and regulations;

Rule on Small Claims Cases

Where to file 1. MeTC

KATARUNGANG PAMBARANGAY LAW

The requirement of undergoing barangay conciliation

If the only contending party is the government or its

III. CIVIL PROCEDURE

Local and Transitory Actions

ACTION IN REM, ACTION IN PERSONAM, ACTION QUASI IN REM

ii. Action for accounting;

Cause of Action Right of Action

Failure to State Cause of Action Lack of Cause of Action

Dismissal of a complaint for failure to state a

Splitting of Cause of Action Joinder of Causes of Action

Lack of Legal Capacity to Sue Lack of Legal Personality to Sue

Section 3. Representatives as parties.

Section 5. Minor or incompetent persons. - A minor or a person alleged to be incompetent, may be

Requisites of class suit

Instances where the requisite of common interest is NOT present:

Section 14. Unknown identity or name of defendant.

Section 16. Death of party; Duty of counsel.

Section 17. Death or separation of a party who is a public officer.

Doctrine of Locus Standi

Section 19. Transfer of interest

Section 20. Action on contractual money claims.

Effect of the death of a party upon a pending action (1990 BAR)

CLAIMS/ACTIONS THAT SURVIVE CLAIMS/ACTIONS THAT DO NOT SURVIVE

Section 21. Indigent party

Rule on indigent litigants

Purpose of rules on fixing venue

Section 1. Venue of real actions.

Section 2. Venue of Personal Actions

Section 3. Venue of Actions Against Non-Residents

Note: Unless the Court declares otherwise, it is

Section 4. When Rule not Applicable.

Section 2. Pleadings allowed

Two kinds of Counterclaims

COMPLUSORY COUNTERCLAIM PERMISSIVE COUNTERCLAIM

Section 9. Counter-counterclaims and counter-cross-claims. - A counterclaim may be asserted

Section 10. Reply

Section 11. Third, (Fourth, etc.)-party complaint.

RULE 7. PARTS AND CONTENTS OF A PLEADING

Section 2. The body.