Remedial Law- branch of law which prescribes the method of enforcing right or obtaining

redress for their invasion

Substantive Law- one which creates, defines, and regulates rights
As a general rule, rules of court can be applied retroactively except if its retroactive application
impairs vested rights.
Civil Action- one by which a party sues another for the enforcement or protection of a right or
the prevention or redress of a wrong.
Kinds
1. Ordinary Civil Action-
- every OCA should have a cause of action
- ordinary rules Rule 1 to 34
2. Special Civil Action
- No breach of rights
- Subject to special rules
- Ex. Interpleader, declaratory relief, expropriation
o Both are covered by ordinary rules.
Criminal Action- when the state prosecutes another for an act or omission punishable by law.
- The state will act only on the case when information is already filed in court.
Special Proceeding- remedy by which a party seeks to establish a status, a right, or a particular
fact.
- Covered Rule 72 to 109
Rules of Court not applicable to Election cases, Land Registration, cadastral, naturalization,
insolvency proceedings and other cases not provided for in the rules.
- They have their own rules.
- Rules of Court is only suppletory application or even by analogy
Commencement of the Action
- Filing of the complaint and payment of filing fee
Liberal application of the rules.
- Objective of the rule is for an Orderly, speedy and inexpensive disposition of the case

Rule 2 Cause of Action

Cause of Action- the act or omission by which a party violates a right of another
Requisites:
1. There is the right of the plaintiff
2. There is the duty of the part of the defendant to respect that right
3. There is breach or violation thereof
Failure to state cause of action
No cause of action is no longer a ground for a motion to dismiss.
- Can be used as affirmative defense in an answer to cause the dismissal of the case as
provided in Rule 8 section 12.
Lack or absence of cause of action
- Cannot be used as affirmative defense or
- Not a ground for motion to dismiss
- Allow the party to present evidence
o Can be determined only after the presentation of evidence
o File demurrer to evidence if necessary

Affirmative Defense (Rule 6 and 8)

Real Action- an action affecting title to, or for recovery of possession, or for partition or
condemnation of, or foreclosure of mortgage on a real property.
- Actions affecting title to or possession of real property or an interest therein.
All other actions are personal actions.
e.g. action for specific performance, unlawful detainer, collection of sum of
money, action to enforce foreign judgment

Action in rem- one instituted against the whole world.

 Action against the thing itself.
Quasi in rem- one brought against person seeking to subject the property of such persons to the
discharge of the claims assailed.
Action in personam- filed against a definite defendant.
 Jurisdiction over the person is required.
In action in rem and quasi in rem, jurisdiction over the thing is required.
Test to determine Nature of Action
1. Ultimate objective Test
2. Allegation and prayer test

 Nature of the action is determined by the allegations in the body of the pleadings or
complaint itself, rather than by its title or heading.
Rules on venue:
 Actions affecting to or possession of real property or an interest therein (real
actions), shall be commenced and tried in the proper court that has territorial
jurisdiction over the area where the real property is located. On the other hand, all
other actions (personal actions), shall be commenced and tried in the proper courts
where the plaintiff or any of the plaintiff resides or where the defendant or any of the
principal defendants resides.
Action for Specific performance
 case not capable of pecuniary estimation hence the assessed value of the real property
is not considered in computing the filing fee.

Cause of action is determined by the facts alleged in the complaint.

Splitting of a single cause of action
 Lis pendens or res judicata
 a party may not institute more than one suits for a single cause of action
 Result is the filing of one or a judgment upon the merits in any one is available as
ground for the dismissal of the others.
Lis Pendens - situation wherein another action is pending between the same parties for the same
cause of action, such that the second action becomes unnecessary and vexatious.
Requisites
1. Same or substantially same parties or interest
2. Same rights asserted and relief prayed for
3. Relief founded on the same facts
4. The identity is such that either way the pending case is decided, it constitute a bar to the
present case.
Res Judicata- multiple cases base on the same cause of action and the same prayer the previous
case having been resolved.
Requisites:
1. Same as Lis Pendens, and
2. Judgment in one case

 If the decision of one case will result closure or resolution of the other case will result
to res judicata on the latter case.

Joinder of Cause of action

 Is the uniting of two or more demands or right of actions in a complaint.
1. Not mandatory
2. Permissive
3. Option of the plaintiff
4. Cannot join covered by different rules
o E.g. covered by special civil action such as partition, support

Totality Rule
 Where there are several claims and cause of action between the same or different
parties embodied in the same complaint, the amount of the demand shall be the
 totality of the claims in all caused of actions, irrespective of whether the causes of
action arose out of the same or different transactions.
 The test of jurisdiction shall be the aggregate sum of all the money demands,
exclusive of interest and costs, irrespective of whether or not the separate claims are
owned by or due to different parties.
 Totality rule applies under the condition that the causes of action in favor of two or
more plaintiff or against two or more defendant should arise out of the same
transactions and there should be a common question of law or fact.

Class suit
1. There must be common interest
2. Compromise agreement must be approved by court
Misjoinder cause of action
 Not a ground for dismissal of the case
 Drop/severe the other cause of action and refile it

Rule 3- Parties to Civil Actions

Real party in interest
 Someone who will be affected by the avails of the suit either you will benefit or you
will be affected adversely
 The motion to dismiss on the ground of failure to implead the real party-in-interest
can be considered as a motion to dismiss on the ground that the complaint states no
cause of action.
o The remedy against such motion is to amend the complaint to implead the real
party in interest.
o The amendment is still a matter of right since no responsive pleading has been
filed. A motion to dismiss is not a responsive pleading.

Locus standi
a. Art 8 section 1 of the constitution
b. Test to determine LS
i. Direct Injury test
1. Will sustain some personal or direct injury as the result of the govt
act.
ii. Transcendental importance to the public
iii. The far-reaching implications
Parties
1. Person- legal capacity (of legal age)
A. Can a minor sue or be sued? Yes. But assisted by parents/guardian.
B. Incapacitated person? Yes. But assisted by parents/guardian.
 C. Married? Gen Rule: Yes. They should be suing as spouses/ jointly.
 Exception:
1. Practice of respective profession
2. Involves exclusive property of the spouse
3. Judicial separation of property
4. Subject to ante nuptial agreement
5. Negligence of one spouse only
6. Criminal case for a crime committed by one spouse
D. Prison? Summon is served to Jail officer

Person (dies)
A. Sec 16 Rule 3- plaintiff died;
 Substitution of part is only required to comply to the due process
 Lawyer should give notice of death to the court within 30 days from the
fact of death. Name the legal representative.
 The court will come up with a notice requiring the substitute to appear
then an order of substitution is issued
 If no legal representative is named, or failed to attend
1. the court may order the opposing party to procure the appointment
but limited to administrator/executor only
2. If the procedure is not followed, the proceeding is null and void.

B. Sec 20 Rule 3- defendant died;

 Nature of action is Sum of Money only
 There will be no substitution
o Will not be dismissed but will continue against the estate of the
deceased

Effect of the Death of the Party upon pending action.

 When the claim in a pending action is purely personal, the death of either of the
parties extinguishes the claim and the actions is dismissed.
 When the claim is not purely personal and is not thereby extinguished, the party
should be substituted by his heirs or his executor or administrator.
 If the action is for recovery of money arising from contract, express or implied, and
the defendant dies before entry of final judgment in the court in which the action is
pending at the time of such death, it shall not be dismissed but instead be allowed to
continue until entry of final 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.
 An action to recover real property in any event survives the death of the defendant.
However, a favorable judgment may be enforced in accordance with Sec 7(b) Rule 39
against the executor or administrator or successor in interest of the deceased.
Actions that survive in case of death of a party in a pending action
 1. Action to recover real or personal property or interest therein from the estate
2. Action to enforce a lien on the properties
3. Action to recover damages for injury to property, real or personal
Criterion used in determining whether an action survives or not
1. The causes of action survives when the wrong complained of affects primarily property
and property rights
2. The causes of action which do not survive when the injury complained of is to the person,
the property and rights of property affected being incidental.
Substitution of parties
1. By reason of death (Sec 16)
2. Public Officer- resigned, died ceased to hold office (Section 17)
3. Transfer of Interest (Sec 19)
 Options
o To continue the case against the original party
o Implead the transferee
o The court can order substitution to transferee
*Transfer of interest must be known by the court.
Juridical Person
 legal capacity – duly incorporated in the Phils or outside the Phils
a. Domestic- summons
b. Foreign
 Entities authorized by laws
 Non-juridical Entities.
- can they sue? No but they can sue individually
- can they be sued? Yes
 Foreign Corporation
o If legally engaged in business in the Philippines, it may sue and be sued
o If illegal, it cannot sue but it can be sued
Indispensable Party-
 One whose interest will be affected by the court’s action in the litigation, and without
whom no final determination of the case can be had.
 The absence of an IP 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.
 It is the duty of the court to stop the trial and order the inclusion of such party. If it is
not joined despite order of the court, the remedy is dismissal of the action for failure
to comply with the order of the court.
 In co-ownership, co-owners have vested rights over the subject property and as such,
should be impleaded as indispensable party.
 Solidarity does not make a solidary obligor an indispensable party in a suit filed by
the creditor. The creditor may proceed anyone of the solidary debtors or some or all
of them simultaneously.
Necessary Party
  One who is not indispensable but who ought to be joined as a party if complete relief
is to be accorded as to those already parties, or for a complete determination of the
claim subject of the action.
 Failure to implead a NP despite order of the court, if without justifiable cause, is that
the claimed is deemed waived.

Necessary Party Indispensable Party

impleaded to have complete determination of impleaded to enable to have a final
the case determination of the case
If not impleaded will not affect the decision if indispensable party is not impleaded,
of the case judgment is null and void
Non-joinder of IP is not a ground to dismiss
immediately, but there must first be an order
from the court to implead the indispensable
party before it dismisses.
Not only valid to present parties but also to
the absent parties

Class Suit
 Requisites
1. Subject of the controversy is of common or general interest to many persons
2. Persons are so numerous that it is impractical to bring them all to court
3. Parties actually before the court are sufficiently numerous and representative so
that all interests concerned are fully protected.

 Minors/unborn are member of the class

Citizen Suit

Rule 4: VENUE
 The place where the action must be instituted and tried.
Venue in Real Action
 If it involves title to, possession of real property or any interest therein, the venue is
the place where the real property involved, or a portion thereof, is located
 Venue for Action for ejectment and Unlawful Detainer?
o In the place where the property is located. Still in the MTC or McTC
Venue for Personal Action-
 Where the plaintiff or any of the plaintiff resides or the defendant or any of the
defendant resides, at the option of the plaintiff.
*In case of several stipulation as to venue, it is the most recent stipulation shall prevail.
*Venue stipulation in the contract and the contract is forged. It cannot be a basis of the venue
because the party is not intended to be bound in the contract.
Venue stipulation must have words of “exclusivity”. In the absence of these words of exclusivity,
it is in addition to venue provided by law. Not limited to personal action but also to real action.
*Venue stipulation is either
 Permissive- parties may file their suit not only in the place agreed upon but also in the
place fixed by law, or
 Restrictive- the suit may be filed only in the place agreed upon
o Jurisprudence instructs that it must be shown that such stipulation is exclusive.
In the absence of qualifying or restrictive words, such as “exclusively”, “shall
only” preceding the designation of venue, the stipulation should be deemed as
merely an agreement on an additional forum, not limiting venue to specified
place.
 The construction of venue stipulation should be deemed merely permissive, and that
interpretation should be adopted which most serves the parties’ convenience.
*Venue in civil cases may be subject of agreement/waiver.
*Sales invoice cannot be the basis of venue stipulation. It is one party stipulation.

Venue against a Non-residents

 Personal status- the place where the plaintiff resides
 Properties- in the place where the property is located
Residence- physically present most of the time
* Rule of venue Does not apply if there is specific rule in the matter.
Ex. Writ of habeas data, estate settlement.
Failure to challenge the wrong venue in a motion to dismiss is deemed waived and cannot on
appeal or in a special action, be permitted to challenge belatedly the wrong venue.

Venue for Libel is the RTC of the probvince or city where the libelous article is printed and first
published.
Dismissal of the by a court motu proprio for improper venue is not correct. Venue does not go
into jurisdiction and can be waived. Venue is improper only if it is objected to by way of an
affirmative defense.

Rule 5: Uniform procedures in Trial Courts

Ordinary
Complaint----30days------Answer -- Pre-trial---- Trial—90days- Judgment
*no reply unless there is actionable document attached in the answer
* no extension. Only answer can be extended but once only.
*Judgment is Not final and executory as long as MR is filed within the reglementary period

Summary Procedure
Complaint-----10days-----Answer ---30days------Preliminary Conference ------ Submission
of JA/Position Paper –---30days---- Judgment
*No answer? Tell the court to render judgment
*PC- possibility of compromise, stipulation of facts and submission and the like
*Executory specially if ejectment case
*can be stayed by timely filing notice of appeal and posting a superseded bond
*prohibited pleadings is the same with small claim
Cases governed by the rules on SP
1. Civil Cases
a. Forcible Entry and Unlawful Detainer regardless of the amount of rentals and
damages
b. All other civil cases, except probate proceedings, where the total amount of the
claim dones not exceed P100,000.00 outside Manila or P200,000.00 within
Manila, exclusive of interest and costs.
2. Criminal Cases
a. Violation of Traffic Laws, rules and regulations, Rental Laws and municipal or
city ordinance
b. All criminal cases where the penalty prescribed by las for the offense is
imprisonment not exceeding 6 months or a fine not exceeding P1,000.00 or both.
c. Violation of BP 22
Summary Proceeding must be summary as possible in order not to defeat the need to dispose
ejectment cases in as fast as possible.

Prohibited Pleadings or Motion on Summary Procedure

1. Motion to dismiss
2. Motion for Bail of Particulars
3. Motion for New Trial, reconsideration of judgment rendered by the court (base on the
merits of the case/after trial) or reopening of trial
 The decision dismissing the petitioner’s ejectment case for lack of jurisdiction or
for failure to appear is not an adjudication on the merits. Hence, motion for
reconsideration is allowed.
4. Petition for relief from judgment
5. Motion for extension of time to file pleading
 6. Memoranda
7. Motion to declare defendant in default
8. Dilatory motion for postponement
9. Third party complaint
10. Intervention
11. Page 218… Albano Book
 The filing of the prohibited motion did not suspend the running of the period to file an
answer.
Small Claim
Complaint Form -----10days-----Response Form-- One day Hearing—---1day--- Judgment
*no pre-trial
*Final and Executory and unappealable
*remedy-Rule 65. There is no appeal or any plain or speedy remedy
*prohibited pleadings is the same with Summary procedure

Rule 6- Kinds of Pleadings:

Pleadings are the written statements if the respective claims and defenses if the parties submitted
to the court for appropriate judgment.
Complaint- states material allegation that support your claim or cause of action.
Answer- a response to a complain
A. negative defense
 specific denial of material facts alleged in the pleadings
B. Affirmative defense
 nature of confession and avoidance.
 Admit the allegation of the complaint to be true, yet the matters set out in
the answer, deny or take away the plaintiff’s right of action.
C. Counterclaim- defendant’s claim against the opposing party
D. Crossclaim- any claim by one party against a co-party arising out of the transaction or
occurrence that is the subject matter of either of the original action or the counterclaim
therein.

Compulsory Counterclaim
 is one which, (1) being cognizable by the regular courts of justice, (2) arises out of or
is connected with the transaction or occurrence constituting the subject matter of the
opposing party’s claim and (3) does not require the presence of third parties of whom
the court cannot acquire jurisdiction.
 Cannot be subject of a separate action instead be asserted in the same suit involving
the same transaction or occurrence, which give rise to it.
 If not raised in the same action, it is deemed waived/barred.
 o Remedy: can be subject of an amendment with leave of court
 Payment of docket fee is not required.
 The filing of motion to dismiss and the setting up of compulsory counterclaims are
incompatible remedies. In the event that a defending party has a ground for dismissal
and a compulsory counterclaim at the same time, he must choose only one remedy. If
he decides to file a motion to dismiss, he losses his compulsory claim. If he choses to
set up compulsory counterclaim, he may still plead his ground for dismissal as an
affirmative defense in his answer.
 In an original action before the RTC, the RTC has jurisdiction over the compulsory
counterclaim regardless of its amount.
 If the counterclaim is beyond the jurisdiction of the MTC, there is a waiver of the
excess amount. The rules of jurisdiction in an independent action apply to
counterclaims.
o In other words, a counterclaim before the MTC must be within the
jurisdiction of said court, both as to the amount and nature thereof. In an
original action before the RTC, the action may be considered compulsory
regardless of the amount.

Permissive Counterclaim-
Req:
1. It does not require its adjudication the presence of third parties of whom the court cannot
acquire jurisdiction.
2. It must be within the jurisdiction of the court wherein the case is pending and is
cognizable by the regular courts of justice
3. It does not arise out of the same transaction or series of transactions subject of the
complaint
Negative Defense- specific denial of the material fact/s essential to the plaintiff cause of action.
Affirmative Defense- the basic material allegations are admitted that give rise to the cause of
action admitted. Though, hypothetically admitting the material allegation of the complaint, it will
never the less prevent or bar recovery.
Ex. Recovery of property which has been barred by prescription.
Two groups
1. Sec 5 (b) Rule 6
- The court may entertain a summary hearing
- After 30days, the judge will resolve the case
2. Sec 12 Rule 8-lack of jurisdiction, cause of action etc.
- No summary hearing option
- Within 30 days the court motu proprio resolve the affirmative defenses
IF affirmative defense is denied? Proceed to pre-trial.
- Not subject to MR, certiorari, mandamus. Prohibition. (Rule 8, Sec12)
If granted- cannot file MR on any action of affirmative defense
 E. Reply- is a pleading, the function of which is to deny, or allege facts in denial or
avoidance of ne matters alleged in, or relating to, said actionable documents.
Rule: There is no need to file reply.
The exception is when the answer attaches an actionable document.
 If there were new matters raised in the answer, you can file an amended or
supplemental complaint to meet the new matters but you are not required to reply.
 Only required if the answer raised an actionable document and have to specifically
deny under oath. Otherwise, it will be deemed admitted as to its genuineness or do
execution.
F. Rejoinder- answer to reply when there is actionable document in the reply
G. Third Party Complaint- a claim that a defending party may with leave of court, file
against a person not a party to the action, called the third party defendant, for
contribution, indemnity, subrogation or any other relief, in respects to his opponent’s
claim.

Rule 7- Parts of Pleadings

Unverified pleading is treated as an unsigned pleading.
Forum Shopping
Three ways of committing forum shopping
1. Filing multiple cases based on the same cause of action and with the same prayer the
pervious case not having been resolved
2. Filing multiple cases based on the same cause of action and with the same prayer the
pervious case having been resolved with finality
3. Filing multiple cases based on the same cause of action but with different prayers
Effect of Forum Shopping
 If not willful and deliberate, the case shall be dismissed without prejudice
 If otherwise, action shall be dismissed with prejudiced
Certification of Non-forum shopping is intended to cover initiatory pleadings.
 Permissive Counterclaim is an initiatory pleading
Should be signed by the principal in case of natural persons. If corporation, should be signed by
authorized representative.
CONFS is not necessary to:
1. Motion for extension
2. Criminal cases and distinct causes of actions
3. Compulsory Counterclaim- not initiatory pleading in character
Verification- those which are required by the rules to be verified
 Not all pleadings are need to be verified
  Ex. Complaint for ejectment, intercorporate disputes,
 Client/affiant should be the one to sign the verification
 Containing the following:
o That the same is true and correct to the best of his knowledge and authentic
record
o It is not to harass, delay or increase the cost of litigation
o The contention is supported by evidence
Certificate of Non-Forum Shopping
 Section 5 of Rule 7- in the absence of CNFS, the case may be dismissed without
prejudice
 Not subject to an amendment but can be refiled
 Containing the following:
o That he has not therefore commenced any action or filed any claim involving
the same issued in any court, tribunal or quasi-judicial agency, and to the best
his knowledge, no such action or claim is pending therein
o If there is such pending action or claim, a complete statement of the present
thereof
o If he should thereafter learn that the same or similar action or claim has been
filed or pending, he shall report the fact within five days therefrom to the
court wherein his aforesaid complaint or initiatory pleading has been filed.
 Willful and deliberate forum shopping-
o Both cases will be dismissed.
o Summary dismissal with prejudice and may constitute direct contempt
 Certification should be signed by the party/petitioner/someone who will appear in the
court
o if someone else will sign the certificate, there must be special power of
attorney and with valid justification
o Board resolution embodied in Secretary Certificate on a juridical entity to an
officer authorized to sign
o The content of the verification need not contain in the authority.

Rule 8- Manner of Making allegations in pleadings

Negative Pregnant-it is an admission with avoidance

Distinction of Lack of Cause of Action and Failure to state of Action

Rule 9- Effect of Failure to Plead

Objections or defenses not raised in the answer are considered waived.
Deemed waived except
a. Court has NO JURISDICTION over the subject matter
 b. Another action pending between the same parties of the same cause
c. Action is barred by prior judgment or by Statute of limitation
Period to file an answer is 30 days.
The period starts from the service of summon
Only extension of an answer is allowed. Can only be availed once.
A declaration of default should not be issued unless the claiming party asked for it, for the court
cannot motu proprio declare a party indefault.
To declare someone in default.
 file a motion to declare in default
 give notice to the other party
 Established in the motion the failure/proof of that failure to file an answer
The court can render judgment based on the evidence of the plaintiff ex parte
Judgment by Default- Did not file motion to lift an order of default or filed the motion but did
not consider by the court
A motion to declare the defendant in default is prohibited motion in ejectment cases pursuant to
Sec13.8 Rule 70.
Remedies against an order of default:
1. Before the Rendition of Judgment
 File a motion to lift an order of default
a. Must be under oath
b. Grounds: FAME
 Extrinsic fraud-
o Fraud that prevented the party from attending the proceeding
o Fraud committed by the adverse party upon
 Accident
o Accident that prevented the party to attend the hearing
 Mistake
 Excusable Neglect (not gross neglect)
c. Accompanied with affidavit of merits to establish good defense.

2. After Judgment but before its finality

a. File a Motion for New Trial on the grounds of FAME or
b. Motion for Reconsideration on the ground of excessive damages, insufficient
evidence or the decision or final order being contrary to law
c. If motions are denied, Appeal is available under Rule 40 and 41

3. If there is an entry of judgment -final and executory

a. File petition from relief of judgment under Rule 38
 Grounds: FAME
b. Petition for annulment of judgment under Rule 47
 Grounds: lack of jurisdiction or extrinsic fraud
 c. Petition for Certiorari
 Grounds: If there is grave abuse of discretion amounting to lack or excess
of jurisdiction (Mason vs CA)

Partial Default
 Defendants (multiple defendants) with common cause of action
o If one of the defendants filed an answer, there will be no presentation of
evidence ex parte
 The answer filed by the defendant inures to the benefits of all the
defendants, defaulted or not, and all of them share a common fate in
the action.
o The defaulted defendants are not allowed to participate in the hearing
General Default
d. there is no particular defendant
e. Summon is by publication
f. If no defendant/oppositor appeared after the expiration of the period, the plaintiff
may file a motion for general default.

Rule 10- Amended and Supplemental Pleadings

When is amendment in pleadings a matter of right?
 Before a responsive pleading is served or, if the pleading is one which no responsive
pleading is served.
o Where some but not all the defendants have answered, the plaintiff may still
amend its complaint once, as a matter of right, in respect to claims asserted
solely against the non-answering defendant, but not as to claims asserted
against the other defendant.
o A motion to dismiss is not a responsive pleading.
 in case of reply, at any time within 10days after it served.
In case of substantial amendment- need leave of court
The following should not be allowed the following amendment
1. Intended to delay
2. To confer jurisdiction
 If on the face of the complaint, the court has no jurisdiction, amendment should
not be allowed, for the court is powerless to act on the admission to amend or the
amended complaint. The court must first acquire jurisdiction before it can act
validly.
 If no answer or motion to dismiss has been filed, the original complaint
can still be amended as a matter of right. It supersedes the original
complaint.
3. Pleadings that state no cause of action from the beginning cannot be subject for an
amendment
Mandamus- a remedy if amendment is not allowed when it is still a matter of right
When needs new summons after an amended pleading is filed?
1. The rule is that only when new causes of action is alleged in an amended pleading
before the defendant has appeared in court that another summons must be served on the
defendant with the amended complaint.
Supplemental Pleadings - those which aver facts occurring after the filing of the original
pleadings and which are material to the matured claims or defense therein alleged.
Supplemental Pleadings
 There were transactions or occurrences that transpired after the filing of the pleadings
 The adverse party may plead within 10days from the notice admitting the
supplemental pleadings
Effect if pleading is amended.
 original pleading is superseded or disappears from the record.
 Admissions in the original pleading may be taken against the party during the cross
examination

Rule 11- When to file Responsive Pleadings

Answer- should be filed within 30 calendar days after service of summon
 If defendant is a foreign corporation- within 60 calendar days after receipt of
summon
In case no answer was filed in an amended pleading, the answer in the original pleading is served
as to his answer to the amended complaint
Reply- within 15 calendar days from the service of the pleading responded to.
Motion for extension of time to file answer
 defendant may grant an additional period of not more than 30 calendar days to file an
answer
 only allowed to file one (1) motion for extension of time to file answer
 no extension for any kind of pleading
Answer must be served upon the plaintiff, otherwise, he would not be considered as having filed
the answer at all without service
Three (3) Kinds of Responsive Pleadings
1. Answer
2. Reply
3. Rejoinder
Time within which to file answer
Corporation- from the date it received the summon
If service of summon is served upon agents or officers in the Phils
 o Should be filed within 15 days after service of summon- they are extension of
their personality
Amendment as a matter of right
 Defendant is given 30 days to answer
 If there is already an answer (no longer a matter of right)
o The defendant shall answer the amended complaint within 15days from
notice of the order admitting the same.
An answer to a Counterclaim- 20days
An answer to a supplemental pleading- 20days
Remedy: file a motion to admit before the other party file motion to default

Rule 12- Bill of Particulars

 A party may move for a more definite statements or for a bill of particular of any
matter which is not averred with sufficient definiteness or particularity to enable him
properly to prepare his responsive pleading
 Motion of Bill of Particular must be filed within 10 calendar days after service of
pleading
Filing for bill of particulars interrupts the period within which to answer.
 After notice of denial, shall have the same time to serve responsive pleading which he
was entitled at the time of serving his motion, but not less than 5 days in any event
 The act that caused the interruption is not included in the counting of the period. The
day when the Motion is filed is not included in the counting. But the minimum days
to file an answer is 5days.

 Comparing to Motion to dismiss

Filing Motion to Dismiss
 stop the counting of the period.
 If filed on the 30th day, the period to file an answer is one day only.
(Different from BOP). Remedy is to file motion for extension.
If BOP is granted, compliance therewith must be effected within 10 days from the notice of the
order.
Once an answer is filed, BOP cannot anymore be filed.
A motion for BOP is a litigious motion.
 A motion that would prejudice the right of the adverse party
 Subject of response under rule 15
 Can file a comment or opposition within 5 days
 After filing or expiration of the 5days, the judge has 15days to resolve the motion
After the BOP is granted, the plaintiff has 10days to file Bill of Particulars or file an amendment
pleading.
If the plaintiff ignored the order, the allegations in the complaint is stricken out.
BOP is formed part of the pleadings
If BOP is granted, the plaintiff option is:
1. Comply
2. File a MR, if denied rule 65
If BOP is denied, the defendant is
1. Just file an answer
2. File an MR if he disagrees with the decision of the court
Reyes vs RTC of Makati
 In intercorporate case, BOP is not allowed

Rule 13- Filing and Service of Pleadings, Judgment and other Papers
How filed:
1. By personally filing in court
 It is filed personally when it is indorsed the day and time of filing.
 The proof that it was file is when it appeared in the record of the case.
2. By registered mail
 the date of mailing is the date of filing
 not require that it reached the court
 proof is the return card is filed in court
3. Accredited couriers
 The date of mailing is the date of filing
 Proof is the affidavit of the person mailing, official receipt and tracking number
4. Transmitting them by electronic mail or by other electronic means so long as it is
established that the court is electronically equipped.
 The date of transmission is the date of filing so long as it is proved that it was
filed.
 The proof is affidavit and the pleading served electronically

Modes of Service
1. Personal Service
 May be served by personal delivery of a copy to the party or to the party’s
counsel, or their authorized representative named in the appropriate pleading or
motion, or by leaving it in his or her office with his/her clerk, or with a person
having charge thereof.
 If no person is found in his/her office, or his/her office is not known, or he/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 counsel residence, of known, with a person of
sufficient age and discretion residing therein.
 Proof of personal service
o Written admission
 o Official Return
o If there is refusal to receive
 The party serving shall execute affidavit of the
circumstance of refusal to receive

2. Ordinary mail
 Proof of mailing is affidavit
 The date of filing is the date of receipt of the party or his attorney
3. Registered mail
 Same
 The date of mailing is the date of filing or service
4. Accredited courier
 same
5. Electronic mail
 Same with filing

Administrative Order 251-2020

-June 13 2G 10:00
Mail- must be registered mail, the date of mailing is the date of filing or service.
If ordinary mail, the date of filing is the date of receipt by the party or his attorney.
If personal and mail failed, deliver the copy to the clerk of court, with proof of failure of both
modes of service
When service is complete?
 Personal service- upon actual delivery
 Ordinary mail- upon expiration of 10 days after mailing
 Registered mail- actual receipt by the addressee, or after 5 calendar days from the
date he or she received the first notice of post master, whichever is earlier.
 Service by accredited courier- actual receipt by the addressee or after the least 2
attempts to deliver by the courier service, or upon expiration of 5 calendar days after
the first attempt to deliver, whichever is earlier
 Electronic Service- complete from the time it is transmitted

Presumptive Service
 Pertains to court setting
Service of Final Judgment and Order
1. Personal service
2. By registered Mail
3. Service by accredited mail upon ex parte motion of the party
4. If service of summon is by publication, service of final order is also by publication
Other orders - may be served electronically
Conventional Service of filing of orders, pleadings and other documents
The following are only be served by personal service or by registered mail (electronic is not
allowed unless permitted by the court)
1. Initiatory pleadings
2. Subpoena or protection order or writs
3. Pleading or documents because of its shared volume cannot be sent electronically
4. Confidential or sealed document
Lis pendens
 literally means a pending suit/pending litigation
 Notice of Lis Pendens is available in an action affecting the title or the right of
possession of real property
 A notice of Lis Pendens is an announcement to the whole world that a particular real
property is in litigation, serving as a warning that one who acquires an interest over
said property does so at his own risk.
 Inapplicable to the following cases
o collection of sums of money
o proceedings for the probate of a will
o administration of the estate of the decease
o proceeding where in the object is to recover sum of money
Doctrine of Lis Pendens-
 defined as the jurisdiction, power or control which a court acquires over property
involved in a suit, pending the continuance of the action and until final judgment
therein.
 Any right they may acquire on the property is subject to the eventuality of the suit.
 If claim is purely personal action such as recovery of a money judgment, such notice
of lis pendens is nugatory.
Notice of lis pendens is proper only in
a. An action to recover possession of real property
b. An action to quiet title thereto
c. An action to remove clouds thereon
d. An action for partition and
e. Any other proceedings of any kind in court directly affecting title to the land or
the use or occupation thereof or the building thereon.
Grounds for cancelation:
1. If the annotation was for the purpose of molesting the title of the adverse party
2. When the annotation is not necessary to protect the title of the party who caused it to be
recorded.
How notice of lis pendens is made?
 It is made by the recording in the office of the Register of Deeds of the province in
which the property is situated containing the names of the parties and the object of the
action or defense and description of the property.
Rule 14- Summons
Summon- a writ or process issued and served upon the defendant in a civil action for the purpose
of securing his appearance therein.
Enable the court to acquires jurisdiction over the person of the defendant
Upon receipt of the case, the court can dismiss the case motu proprio if in its face it has no
jurisdiction or no cause of action.
If it is not dismissible, the court will issue summon within 5 calendar days from receipt of the
initiatory pleading
Who can serve Summon?
1. By the sheriff, his deputy or other proper court officer
2. Failure of service of summon, not improper, of the sheriff, his deputy or other court
officer, the court may authorize the plaintiff to serve the summons together with the
sheriff
3. If the defendant is outside the judicial region, the plaintiff shall be authorized by the court
to serve the summon not together with the sheriff, and the authority to serve summon
should be reflected in the special power of attorney.
Result of misrepresentation of the Plaintiff in the service of summon
1. Dismissal of the case with prejudice
2. All proceedings of the case are null and void
3. Plaintiff may be sanctioned by the court
When the summon is returned unserved on any or all of the defendant
 The court may order the plaintiff to serve the summon
o If the plaintiff did not follow, the case will be dismissed without prejudiced
Modes of service of summon must be strictly followed in order that the court may acquire
jurisdiction over the persons of the defendant.
When the defendant has already appeared before the trial court by virtue of summons in the
original complaint, the amended complaint may be served upon him without need of another
summon, even if new or changed of causes of action are alleged.

Validity of Summons
 The summon is effective until it is served
How served? (Individual/Natural Person)
1. Personal service
a. by handing or tendering a copy thereof to the defendant in person and informing
the defendant that he/she is being served with summon
b. If he/she refuses to receive or sign it, by tendering it to him: by leaving the
summons within the view and in the presence of the defendant.
2. Substituted Service of Summon- if for justified reason, the defendant cannot be served
personally after at least three (3) attempts on 2 separate dates, substituted service may
be effected (impossibility of personal service):
a. By leaving copies of the summons at the defendant’s residence to a person at least
18 years of age and sufficient discretion residing therein;
b. By leaving copies of the summons at the defendant’s office or regular place of
business with some competent person in charge thereof. A competent person
includes, but not limited to, one who customarily received correspondences for
the defendant;
c. By leaving copies of the summons, if refused entry upon making his/her authority
and purpose known, with any of the officers of the home-owners association or
condominium corporation, or its chief security office 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
 It may be resorted to if there are justifiable causes where the defendant cannot be
served within the reasonable time. Ex. Defendant is hiding and resorted to it
intentionally to avoid service of summon or the defendant refuses without justifiable
reason to receive the summon

3. Service of summon by Publication

a. The defendant is:
i. Of unknown identity or unknown address
 There must be an effort to serve it personally within a period of 90
days with exercise of diligent inquiry from the commencement of
the action
 It is only upon showing in the return that it is impossible and it
cannot be served where you can resort to publication as reflected in
the order and it should be answered within a period or less than 60
days
ii. How served?
 Publication of summons in a newspaper of general circulation in
such places and for such time as stated in the court order
 No requirement to send copy of the summon and order of the court
by registered mail to the last known address of the defendant
iii. Any type of action (In rem, quasi in rem, action in personam)

4. Extraterritorial service of summons (Cresensio Aryeta vs Aryeta)

a. The defendant is:
i. Non-resident who is not found in the Philippines
ii. Resident temporary out of the Philippines
b. The action in rem or quasi in rem
i. The action affects the personal status of the plaintiff
ii. Subject matter of the action is property located in the Philippines in which
the defendant has a claim or interest
 iii. The purpose of the action is to exclude defendant from any interest in the
property. e.g. foreclosure of mortgage
iv. The property of the defendant attached in the Philippines. An example is a
sum of money case where there was attachment of property of the
defendant converting the action from one of personal to quasi in rem
c. There must be leave of court, secured through the motion
d. How summon is served:
1. By personal service of summon or
2. Publication of summons in a newspaper of general circulation in such places
and for such time as stated in the court order; and by sending copy of the
summons and order of the court allowing service by publication by registered
mail to the last known address of the defendant.
3. That which is provided in International Convention in which the Philippines is
a signatory (Hiege Convention) (2019 amendment)
4. Other manner that the court may deem sufficient
5. Substituted service of summon (applicable only if the defendant is resident
temporary out of the Philippines)

Action in Personam
 By personal service
 If defendant cannot be promptly served in person, by substituted service
Action in rem and Action Quasi in rem
 it is jurisdiction over the subject matter or the res is necessary and not jurisdiction of
the person.
 The service of the order at the given address and the publication thereof in a
newspaper of the general circulation sufficiently complied with the requirement of
due process. Publication of the order is a notice to all indispensable parties
In an action strictly in personam, personal service of summons within the forum is essential to
the acquisition of jurisdiction over the person of the defendant who does not voluntarily submit
himself to the authority of the court. Summons by publication cannot consistently, with due
process clause of the bill of rights, confer upon the court, jurisdiction over the defendants. The
proper recourse for the creditor in personam is to locate properties, real or personal, of defendant
with unknown address or is abroad, and caused them to be attached under Rule 57 in which case,
attachment converts the action into proceeding in rem or quasi in rem and summons by
publication may be deemed valid and effective.

Filing of motion for extension to file is equivalent to submission to the jurisdiction of the court.
He is deemed to have waived any flaw in the defective service of summons.

Juridical Entity
Domestic Corporation/partnership or association organized under the law of the Philippines
  Service may be made on the president, managing partner, general manager, corporate
secretary, treasurer or in-house counsel of the corporation wherever they may be
found, or in their absence, on their secretaries. There must be attempt to serve 3times
in 2 different days
 If the foregoing cannot be effected, upon the person who customarily receives the
correspondence for the defendants at its principal office
 If there is refusal, by electronic service of summons
Foreign Corporation registered in the Philippines
 Service may be made to its resident agent designated in accordance with the law for
that purpose
 If no such agent, on the government official designated by law to that effect, or any of
its officers or agents within the Philippines
Foreign private juridical entity not registered in the Philippines
 No office in the Philippines
 No resident agent in the Philippines
 They transact business in the Philippines
 Service must have leave of court
1. By personal service coursed through the appropriate court in the foreign country with the
assistance of DFA
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 order by
registered mail at the last known address of the defendant
3. By facsimile
4. By electronic means with the prescribe proof of service
5. By such other means as the court in its discretion may direct.
Republic of the Philippines
 Shall be served upon the Solicitor General
Local Government Unit
 Upon its executive head or officers as the authorized
Unknown Defendants
 By publication in a newspaper of general circulation and in such places and for such
time as the court may order. (with leave of court)
Voluntary appearance of the defendant is equivalent to service of summon.
Filing answer cures the defect of the defective service of summon.
Samples of voluntary appearance
1. Voluntary appearance of attorney
2. A motion, by answer, or simple manifestation
3. A telegraphic motion for postponement
4. Filing motion for dissolution of attachment
5. Failure to question the invalid service of summon
 6. Filing a motion for extension of time to file an answer

Return of the Summons

What should appear in the return when there is substituted service of summon
1. There was impossibility of prompt serving summon within 30days from the issuance of
summons
2. The date and the time of the three attempts on two separate dates to cause personal
service and the details of its inquiry
3. If successful substituted service of summon, the person who is at least 18 years of age
and sufficient age and discretion or the person in charge of the office, etc.
Two important days
 The sheriff should serve the summons within 30 days upon issuance
 And upon proper service, the sheriff should make a return within 5days and serve the
plaintiff a copy of the return.
Requirements for return for service by publication (Proof of Publication) (Section 17)
 Two (2) affidavits
o Affidavit from publication from the editor/ publisher (Section 16/17)
o Affidavit of deposit of the summon and the order to post office in the last
known address of the defendant (required in Section 17 only)
Proof of service of summon by Electronic mail
 Printout of said email
o With the copy of the summon served and
o Affidavit of the person who emailed it

Rule 15: MOTIONS

Motion- an application for relief other than a pleading.
 Written
 Oral- those made in open court.
o Immediately be resolved once made in open court
There is no more notice of hearing in motion in the Philippines.
Non-litigious motion-
 motion which the court may act upon without prejudicing the right of the adverse
party.
 The other party need not comment
 Shall not be set in hearing and shall be resolved by the court within 5 days from
receipt thereof.
Litigious motion
1. Motion for Bill of Particular
2. Motion to dismiss
 3. Motion for new trial
4. Motion for reconsideration
5. Motion for execution pending appeal/ discretionary execution
6. Motion to amend responsive pleadings
7. Motion for intervention
8. Judgment on the pleadings
9. Motion to declare in default
10. …….. See page 394 of RemLawVol1 of Albano

 All motions shall be served with personal services, accredited private courier or
registered mail, or electronic means as to ensure the receipt of the other party.
 Opposition to motion shall be filed within 5 days from receipt thereof.
 Shall be resolved within 15 calendar days from receipt of the opposition or upon
expiration of the period to file opposition.
 Hearing shall be set on Friday.
Prohibited Motions
1. Motion to Dismiss except on the following grounds:
a. That the court has no jurisdiction over the subject matter or the claim;
b. That there is another action pending between the same parties for the same cause
(Letis Pendentia); and
c. That the cause of action us barred by a prior judgment (res judicata) or by the
statute of limitation (prescription)
2. Motion to hear affirmative defenses
3. Motion for reconsideration of the court’s action on the affirmative defenses
4. Motion to suspend proceeding without a temporary restraining order or injunction issued
by the higher courts
5. Motion for extension of time to file pleading, affidavit or any other papers, except a
motion for extension to file an answer
6. Motion for postponement intended for delay.
 Exception
i. Force majeure
ii. Act of God
iii. Physical inability of the witness to appear and testify

Rule 16- Motion to Dismiss

Grounds:
1. The court has no jurisdiction over the nature of the action or suit;
2. There is another action pending between the same parties for the same cause (letis
pendentia);
3. The cause of action is barred by a prior judgment (res judicata) or
4. The cause has barred by statute of limitation (Prescription)
Lis Pendens - situation wherein another action is pending between the same parties for the
same cause of action, such that the second action becomes unnecessary and vexatious.
 Requisites
1. Same parties or interest
2. Same rights asserted and relief prayed for
5. Relief founded on the same facts
6. The identity is such that either way the pending case is decided, it constitute a bar to the
present case.
Action commences upon the filing of the complaint, not upon service of summons.
Factors in determining which case should be dismissed on the ground of lis pendentia”
1. Date of filing, with preference generally given to the first action filed to be retained
2. Whether the actions sought to be dismissed was filed to preempt the latter action or to
anticipate its filing and lay the basis for its dismissal
3. Whether the action is the appropriate vehicle for litigating the issue between the parties.
Res Judicata-
Requirements
1. There is a former order or judgment that is final and executory
2. The order or judgment was rendered by a court of competent jurisdiction
3. The judgment or order is on the merits; and
4. There is identity of parties, subject matter and cause of action
Prescription-
The court allowed the dismissal of an action in the ground of prescription even after the
judgment on the merits, or even if the defense was not raised at all as long as the relevant dates
are clear in the record
Gicano Doctrine (Rule 9, Sec 1) – even if the statute of limitation is not pleaded as a
defense, it is not deemed waived.

Denying a motion to dismiss is merely interlocutory, hence, cannot be the basis for certiorari.
The only remedy is to file an answer, proceed to trial, and await judgment before interposing
appeal.
Certiorari is intended only to correct a grave abuse of discretion or whimsical exercise of
judgment equivalent to lack of jurisdiction.
Granting a motion to dismiss is a final order because it disposes the case on the merits, hence it is
appealable.
Deferment of the resolution on the motion to dismiss is no longer permitted. The court must
grant or deny the motion to dismiss or order the amendment of the pleadings.

Rule 17- Dismissal of Actions

Action may be dismissed by Plaintiff, without order of the court, by filing notice of dismissal at
anytime before service of the answer or a motion for summary judgment.
Two ways
1. Dismissal as a matter of right
 when notice of dismissal is filed by the plaintiff before answer or motion for
summary judgment has been served on him by the defendant.
o Two-dismissal rule- a situation where the same complaint had twice been
dismissed by the plaintiff without order of the court by the mere act of serving
notice of dismissal. In this case, the second dismissal operates as an
adjudication on the merits.
o Under the two-dismissal rule, the notice of dismissal operates as an
adjudication upon the merits provided it is filed by a plaintiff who has once
dismissed in a competent court an action based on or including the same
claim.
o Dismissal without prejudiced- action may be revived
o Dismissal with prejudice- final and executory, it cannot be revived anymore.
o If silent, dismissal is presumed without prejudiced.

2. Dismissal as discretionary (Dismissal upon motion)

 discretionary on the court when notice of dismissal is filed by the plaintiff at any
stage of the proceeding other than before the service of an answer or a motion for
summary judgment
Counterclaim
 If counterclaim has been pleaded by the defendant prior to the service upon him of
the plaintiff’s motion for the dismissal, defendant must manifest within 15 days that
he opts to have his counterclaim prosecuted in the same action.

3. Dismissal due to the fault of the plaintiff-

 Plaintiff’s failure to prosecute for unreasonable length of time
 Failure to appear at the trial
 Failure to comply with the rules and
 Failure to comply with the order of the court.

Can the parties file a joint motion to dismiss?

 Yes, the parties can agree to file a joint motion to dismiss and may agree as well that
the dismissal is with prejudice
 Reason is When the parties entered into compromise
 The court will render the judgment and the agreement of the parties may be
reproduced by the court as basis of the decision.
 IT has the effect of res judicata

Class suit may not be revived without approval of the court.

Circumstance where court may dismiss an action motu proprio
1. Plaintiff’s failure to prosecute for unreasonable length of time
 2. Failure to appear at the trial
3. Failure to comply with the rules and
4. Failure to comply with the order of the court.
5. Lack of jurisdiction
 In all other instances, there is a need for a motion.

Rule 18- PRE-TRIAL-

 Mandatory in nature
 A procedural device intended to clarify and limit the basic issues between the parties
 Its main objective is to simplify, abbreviate and expedite trial or total dispensed with
it.

Procedure:
PRE-TRIAL NOTICE
 After the answer has been filed, the court will issue Pre-trial Notice w/in 5 days from
the filing of the last pleading.
 PTN shall contain the schedule of the Pre-Trial
Pre-Trial Brief
 File a Pre-trial brief at least 3 days before the pre-trial
 Five (5) days before PT, submit to the court a judicial affidavit consistent with the
JAR
 Reservation (if not ready for the JA)
o Pre-trial brief shall contain (Section 6)
 Manifest to the court to enter to amicable settlement or compromise
 Brief/concise statement of the case and the relief prayed for
 Relief of the defendant
 Summary of the admitted facts and proposed stipulations
 The issues to be tried or resolved
 The propriety of referral to commissioner
 The names of the witnesses
 Failure to file pre-trial brief shall have the same effect as failure to appear the pre-trial
o Failure of the plaintiff to submit PTB will cause dismissal of the case
o Failure of the defendant to submit PTB, the plaintiff will be allowed to present
evidence ex parte
PRE-TRIAL PROPER
 Pre-trial shall be set not later than 60 calendar days from the filing of the last
responsive pleading
 Before Pre-Trial proper, there may be Preliminary Conference
o Only at the Clerk of Court/ in accordance with the Rules
o Not to overwhelm during the Pre-Trial
o To check the faithfulness of the reproduction of the original
 o Preliminary markings of the documents
o Not yet accepted as evidence
 Reservation-
o Applicable to object, testimonial, documentary
o shall be contained in the PTB
o Must comply with the requirements of Reservation
 Failure to attend of the parties shall result in a waiver of any objection to the
faithfulness of the result of productions marked, or their genuineness and due
execution.
 The failure without just cause of a party and/or counsel to bring the evidence
required shall be deemed a waiver of the presentation of such evidence
o Plaintiff- shall cause the dismissal of the case without prejudice
o Defendant- allow the plaintiff to present evidence ex-parte
o Exception to non-appearance
 Valid cause shown
 There is appearance of a representative on behalf of the party fully
authorized in writing

 Both plaintiff and counsel/Defendant and Counsel must present in the Pre-Trial
(Section 5- new rule)
o After due notice, failure of the plaintiff and counsel to appear without valid
cause when so required shall cause the dismissal of the action
o After due notice, failure of the Defendant and counsel to appear without valid
cause, the plaintiff will allow the plaintiff to present evidence ex parte
 Valid cause
 Act of God
 Force Majeure
 Physical Impossibility

MEDIATION
 Complete the Pre-Trial Proper first before referring to Mediation
 Shall not exceed 30 days
 If unsuccessful after mediation
o The record of mediation will return back to the court
o The judge will ascertain if the dispute can still be reconciled in Judicial
Dispute Resolution
 Must be resolved within 15 days
 Another court will handle the JDR
 If unsuccessful, return to original court
 Non-appearance at mediation and JDR is equivalent to non-appearance to pre-trial
(same effect in Section 5)

PRE-TRIAL ORDER (Section 7)

 Within 10 days after pre-trial, the court will issue Pre-Trial Order
  Will dictate the conduct of the Trial
 It contains the minutes of what transpired during the Pre-Trial
o The law,
o Admitted facts
o Date of hearing
o Etc…
SUMMARY JUDGMENT/ JUDGMENT ON THE PLEADINGS
 When the judge sees that the answer does not render issue or otherwise it beats the
material allegation of the complaint during the pre-trial or there is no genuine issue as
to the material fact that will lead to a summary judgment except as to the amount of
damage, or there are no controverted, the judge motu proprio can render a judgment
on the pleading or summary judgment
 PTO may contain statement that the Judge will motu proprio render judgement on the
pleading or summary judgment
 When he makes that statement in the PTO, the judge will render judgment within 90
days upon the termination of the PT
 Such PTO shall not be subject to appeal or certiorari, prohibition or mandamus
o But it does not mean that you cannot appeal the judgment itself

Remedies if MR is denied by the Arbitration Committees

o Motion to vacate the arbitral award with the RTC
o Petition for review with the CA under Rule 43
o Petition for Certiorari under Rule 65

RULE 19- INTERVENTION

 Any person who has a legal interest in the matter in litigation, or in the success of
either of the parties, or an interest against both, or 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 may, with leave of court, be allowed to intervene in the action.
 Remedy by a third party not originally impleaded in a proceeding.
o Complainant should have his own cause of action
o Defendant must have defenses
 The time to intervene is at any time before rendition of judgment by the trial court
 Intervention requires leave of court
 Intervention may be denied by court if
o the right of the original parties will be delayed and
o the right of the intervenor will be protected in a separate action
 Final dismissal of the original action, the complaint in intervention can no longer
acted upon. Intervention is merely collateral or accessory or ancillary or to the
principal action and not an independent action.
o Except if the intervenor is an indispensable party, the court may allow an
intervention
  Two kinds of Intervention
o Complaint-in-Intervention – to unite with the plaintiff
o Answer-In-Intervention- to unite the with the defendant
 If denied, the remedy is appeal

Rule 20- Calendar of cases

 Priority cases
o Habeas Corpus Cases
o Election Cases
o Special Civil Actions
-cases are assigned by raffle conducted in open session

Rule 21- SUBPOENA

 A process directed to a person requiring him to attend and testify at the hearing or the
trial of an action, or at any investigation conducted under the laws of the Philippines,
or for the taking of his disposition
o Subpoena ad testificandum
 Requiring a person to testify
o Subpoena duces tecum
 Commands a witness who has in possession or control some document
or paper that is pertinent to the issues of a pending controversy to
produce it at the trial
 Who can issue subpoena?
o Judge, Court, Ombudsman, Prosecutors, Different Agencies of the Govt
authorized by law
 When may witness be not compelled to appear?
o If he resides more than 100kms from his residence to the place where he is to
testify by the ordinary course of travel
 Remedy is used of deposition
o If he is a detention prisoner, if no permission of the court in which case is
pending was not obtained
 In case the person is convicted of life imprisonment or reclusion
perpetua, only upon the authority of the Supreme Court
 This rule applies both to civil cases and criminal cases (verify different from
ALBANO)
 In case of failure to attend despite service of subpoena, the court may issue warrant to
arrest the witness (called as Bench Warrant) and bring him before the court or the
officer where his attendance is required, and the cost of such warrant and seizure of
such witness shall be paid by the witness if the court shall determine that his failure to
answer the subpoena was willful and without just excuse.
 Content of Subpoena
o Name of the Court
o Title of the case
 o Person who is directed to appear etc.
 How served?
o Shall be made in the same manner as personal or substituted service of
summons.
 Roco vs Contreras
o Requisites for issuance of subpoena
 Documents that want to bring must be relevant
 Documents must be reasonably described by the party
 How to quash a subpoena
o SDT- if it is
 unreasonable
 oppressive
 No service of witness fees and
 Outside 100 kilometers from the place of the issuance

o SAT
o You are not bound thereby
 Witness is disqualified (e.g. covered by privilege
communication)
o No service of witness fees and
o Outside 100 kilometers from the place of the issuance

Rule 22- COMPUTATION OF TIME

 The designated period excluded and the date of performance included
 Same with Civil Code, the first day excluded the last day included
 If last day of the period falls on Saturday, Sunday or legal Holiday, the time shall not
run until the next working day

Rule 21- DEPOSITIONS PENDING ACTION

Rules of Discovery- shorten the period of litigation and speed up adjudication
 Serve as device to narrow and clarify the basic issues between the parties and for
ascertaining the facts relative to the issues
 Modes of discovery are not applicable in administrative cases because of their
summary nature
Modes of Discovery
1. Depositions pending Actions (Rule 23)
2. Interrogatories to parties (Rule 25)
3. Request for Admission (Rule 26)
4. Production or inspection of documents or things (Rule 27) and
5. Physical and mental examination of persons (Rule 28)
Rule 23-
Party and Non-party
1. Written Interrogatories
o Direct Written Interrogatories-filed by proponent
o Cross Written Interrogatories-file by opponent- 10 days
o Redirect WI- 5 days
o Recross WI- 3 days
o All questions will be collated and be given to a deposition officer
2. Oral Deposition
o D/C/RD/RC
o Questions will only be propounded in the presence of the deposition officer
 Rule 23 can use suppletory in criminal case
 When
 Scope of Examination
o Any relevant matters to the subject matter so long as it is not privilege
Compare to Rule 25
o Party only
o One set of questions
Depositions
 written testimony of a witness given in the course of judicial proceeding, in advance
of the trial or hearing, upon oral examination or in response to written interrogatories,
and where an opportunity is given for cross examination.
 The primary function is to supplement the pleadings for the purpose of disclosing the
real points of dispute between the parties and affording an adequate factual basis
during the preparation for trial
Use of Deposition
 To contradict or impeach the testimony of the witness
o Deposition once taken is not obliged to present him in court.
 But if portion of the deposition is used, the other party can require to
present the whole deposition
 Witness is already dead, his deposition may be used as evidence in court
 Deponent is more than 100kms from the place of the court
 Witness is unable to attend by reason of sickness, infirmity or the fact that he is a prisoner
 Party is unable to procure the witness despite issuance of subpoena
 Other such exceptional circumstances

The person whom the deposition shall be taken

1. In the Philippines, deposition shall be taken before
a. Judge
b. Notary public
c. Anyone who is authorized by law to take oath and stipulated upon by the parties
2. Outside the Philippines
 a. Any consul, vice consul, consul general or secretary of immigration
o Exclude Ambassadors- incharge of political affairs and not civic, social or
economic affair of the country
b. Upon a letter rogatory or commission
o Dulay vs Dulay
Letters rogatory-
o an instrument whereby a foreign court is informed of the pendency of a case
and the names of the foreign witnesses, and is requested to cause their
deposition to be taken in due course of law, for the furtherance of justice, with
an offer on the part of the court making the request to do like for other, in
similar case.
Commission
o is an appointment of the Philippine Court to take deposition in the foreign
country
 follow the rules in the Philippine.

c. Any person authorized to administer oath and stipulated upon by the parties
Disqualification of Officer to take Deposition
1. Related to the party or his employee or counsel within the 6th degree of
affinity or consanguinity.
2. Who is relative within the same degree, or employee of such counsel
3. Financially interested in the action
 Disqualification if not properly raised on time is considered waived

Errors or irregularities in the manner of taking of deposition must be raised on time, otherwise it
is waived
Competency of Evidence is not waivable even if not objected on time

Rule 24- DEPOSITION BEFORE ACTION OR PENDING APPEAL

Venue- in the court of the place where the expected party resides.

Rule 25- INTERROGATORIES TO PARTIES

Same rule with Rule 23.
The difference is that in Rule 25, directed only to parties in the case is involve
Series of questions but no Cross, redirect, recross
Rule 26- ADMISSION BY ADVERSE PARTY
 may be served upon party at any time after the issues have been joined.
Facts that adverse party may be required to admit
1. the truth of relevant matters of facts set forth in the request
2. genuineness of any relevant documents described and exhibited with the request
Purpose
 expedite trial and relieve the parties of the costs of proving facts that will not be
disputed on trials and the truth of which can be ascertained by reasonable inquiry.
Time to reply the request for admission
 within the period designated in the request which shall not be less than 10 days after
service
Reply should be in a form of a sworn statements
o admitting the truth of the matters of which an admission is requested
o specifically deny the truth of such matter, or
o setting forth in detail the reasons why he cannot truthfully admit or deny
those matters
Refusal to make reply on the matter requested admission is deemed admitted.
Exception: There is no need to require an answer to a request for
admission when it is superfluous like when a party is required to admit what has
already been denied under oath in the answer.
May be utilized for the purpose of the pending action only and shall not constitute admission by
him for any other purpose nor may the same be used against him in any other proceeding.
Request for admission by adverse party must be served upon the party directly, otherwise not
admitted.

Rule 27- Production or inspection of documents or things

Production and inspection of documents Subpoena Duces Tecum
Modes of Discovery Means of compelling the production of
evidence
Limited to all parties May be directed to any person, whether a
party or not
The order is issued upon motion with notice May be issued ex parte
to the adverse party

Consequence of refusal to comply with discovery

  The law imposes serious sanctions on the party who refuses to make discovery such
as dismissal of the case or rendering judgment by default against the disobedient
party, contempt of court, or arrest of the party or agent of the party and other
sanctions.
Should not be privileged.

Rule 28- Physical and Mental Examination of persons

There must be a motion for the court to issue order for PME of persons.
Requirements
1. The physical and mental condition of a party must be in controversy in the action
2. A motion showing good cause must be filed and
3. Notice of the motion must be given to the party to be examined and to all the other
parties.
Rule 29- Refusal to comply with modes of Discovery

Rule 30- TRIAL

PTC ---10days--- PTO- 20days--TRIAL

Rule 31- CONSOLIDATION OR SEVERANCE

Rule 32- TRIAL BY COMMISSIONER

Rule 33- DEMURRER TO EVIDENCE

 Is a motion to dismiss filed by the defendant after the plaintiff has rested his case on
the ground of insufficiency evidence.
 File after the plaintiff has completed its evidence
 Subject to the provision of Rule 15 (motions)
 Order of denial is interlocutory order, hence, shall not be subject of an appeal or petition
for certiorari, prohibition, or mandamus before judgment.
 No leave of court is required. In criminal case, leave of court is necessary
 If DTE is granted, case is dismissed
 If DTE is denied, then proceed to trial
 Effect
o Defendant does not waive its right to offer evidence in the event his motion is
dismissed
 o If motion is granted and the order dismissal is reversed in upon appeal, the
movant loses the right to present evidence on his behalf. The appellate court shall
render judgment based on the evidence of the plaintiff alone.

Rule 34- JUDGMENT ON THE PLEADINGS

 Grounds:
o Answer fails to tender an issue or
o Admits the material allegations of the adverse party’s pleadings
 Effects of filing Motion on JP
o Admits the truth of all the material allegations of the opposing party and rest his
motion for judgment
o Waived or renounced his claim for damage because allegations as to the amount
of damages are not deemed admitted even if not specifically admitted. Actual
damages must be proved.
 MJP is not proper if there is affirmative defense in the answer.
 General denials may give rise to the admission of material allegations hence MJP may be
raised.
Judgment on the Pleadings Summary Judgment
Does not tender an issue There is an issue tendered in the answer but it
is not genuine or real issue
Movant must give 3-day notice of hearing Opposing party is given 10 days-notice
Entire case may be terminated May only be partial
Only the plaintiff can file the same Either plaintiff or defendant may file
In case there is counterclaim, crossclaim third
party complain- defendant may file

 Not applicable to
o Annulment of marriage or for legal separation
o Unliquidated damages because the same must be proved
Rule 35- SUMMARY JUDGMENTS
 A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain
declaratory relief may, at any time, after the pleading in answer thereto has been served,
move with supporting affidavits for a summary judgment in his favor upon or on all part
thereof.
 A procedural technique promptly disposes of cases where the facts appear undisputed and
certain from the pleadings, depositions, admissions and affidavits in record, or for
weeding out sham claims or defenses at an early stage of the litigation to avoid the
expense and loss of time involved in the trial.
 When can be resorted?
o there are no questions of fact in issue or
 o the material allegations of the pleadings are not disputed
 Requisites
1. There must be no genuine issue as to any material fact, except for the amount of
damages
2. The party presenting the motion for summary judgment must be entitled to a
judgment as a matter of law
 Genuine issue- an issue of facts which calls for the presentation of evidence
 Foreign law is a question of fact as far as the trial court is concerned. Foreign law is not a
matter of judicial notice.
 SJ is a final disposition in legal suit which can be rectified by means of an appeal.

Rule 36- JUDGMENTS, FINAL ORDER AND ENTRY OF THEREOF

Essential requisites of a valid judgment:
1. The court must have jurisdiction over the
a. subject matter
b. person of the defendant, or of the res;
c. over the issue
2. The court must render the judgment after the hearing
Stare decisis et non quita movere- once a case is decided by the SC as the final arbiter of any
justiciable controversy one way or another, then another case involving the same point at issue
should be decided in the same manner.
Interlocutory- something intervening between the commencement and the end of a suit which
decides some point of matter but is not a final decision of the whole controversy.
Judgment based on compromise has the effect of res judicata
The date of finality of the judgment or final order shall be deemed the date of its entry.
Before the lapse of the period to appeal, the judge can change the judgment, or even make a new
one, but once it becomes final, only clerical errors can be corrected.

Doctrine of Immutability of Judgment

 A decision that has acquired finality becomes immutable and unalterable, and may no
longer be modified in any respect, even if the modification is meant to correct erroneous
conclusion of fact and law, and whether it be made by the court that rendered it or by the
highest court of the land.
 means that the final judgment cannot be modified, even if the purpose is to correct
perceived erroneous of the facts or law.
Exception:
1. Correction of clerical errors
2. Making of nunc pro tunc entries which cause no prejudice to any party; and
3. Where the judgment is void
The court may render several judgments (separate judgment) if the interests of the defendants are
separate and severable, like when the obligation is joint. If obligation is solidary and their
defenses are common, the interests are not separate; hence, several judgments is not allowed.
Except when one of the solidary debtors has defense which is personal to him, like minority.

Remedy on Judgment (Within reglementary period)

1. File a Motion for Reconsideration
2. Motion for New Trial
3. Appeal (Rule 40 to 45)

Rule 37- NEW TRIAL OR RECONSIDERATION

Grounds for New Trial
1. Fraud, accident, mistake or excusable negligence (FAME) which ordinary prudence
could not have guarded against and by reason of which such aggrieved party has probably
impaired of his rights;
2. Newly discovered evidence, which he could not, with reasonable diligence, have
discovered, and produced at the trial, and which if presented would probably alter the
result; or
3. Award of excessive damages, or insufficiency of evidence to justify the decision, or that
the decision is against the law.

 Must be filed within the period for taking an appeal. Hence, it must be filed before
finality of the judgment.
Grounds for Motion for reconsideration
1. The damages awarded are excessive
2. The evidence is insufficient to justify the decision or final order
3. The decision or final order is contrary to law

Motion for New Trial Petition for relief

Grounds: FAME Substantially similar ground
Filed before the order or judgment become Filed after the finality of the judgment or
final and executory order, but within the so-called 60-day, 6-
month period.
There can be 2nd motion for NT so long as the 2nd MR is prohibited
ground is not available at the time the filing of
the first MNT
If granted, the original shall be vacated. The If granted, the court will set aside the
case will stand in trial de Novo. judgment upon terms as may be just.
With Fresh Period to Appeal (15days) With Fresh Period to Appeal (15days)
Fraud
o must be extrinsic fraud
o fraud committed by the prevailing party outside of the trial of the case which
prevents a party from having his day in court or from presenting all of his cases in
the court.
Accident- an actual surprise incident preventing from one attending the trial
Mistake-
o unintentional act, omission or error arising from ignorance, surprise, imposition of
misplaced confidence.
o Mistake of fact, not of law
Excusable neglect
o failure to take the proper steps at the proper time, not in consequence of a party’s own
carelessness, inattention, or willful disregard of the process or unavoidable hindrance on
the care and vigilance of his counsel or on promises by the adverse party.
Newly discovered evidence (BERRY RULE)
Requisites:
1. the evidence was discovered after trial
2. such evidence could not have been discovered and produced at the trial with reasonable
diligence
3. that it is material, not merely cumulative, corroborative or impeaching, and is such
weight that, if admitted, will probably change the judgment.
Proforma motion for new trial
o one which merely reiterates the evidence presented in the trial or based on the grounds
existing when the first motion was filed
Notice of hearing for MNT/MC must be served to the other party otherwise it is a mere scrap of
paper. The absence of Notice of Hearing is fatal and, in cases of motions to reconsider a
decision, the running of the period to appeal is not tolled by their filing or pendency.
Denied of motion of new trial, the remedy of petition for relief from judgment is not anymore
available.
Filing MNT/MR suspends the period for the finality of the judgment but not the 60-day period
under Rule 38
Filing a proforma MNT/MR shall not toll the reglementary period.
MNT/MC must be resolved within 30days from the time it is submitted for resolution.
Second MNT must be filed within the remaining period after deducting the time during which
the first motion was pending.
Second motion for reconsideration is prohibited (Section5). But in MNT, there can be second be
MNT.
Appeal is the remedy when MNT is denied.
Affidavit of merits
o recites the nature and character of the FAME on which the motion is based and movant’s
good and substantial cause of action or defense and the evidence he intends to present if
the motion is granted.
o The motion is proforma in the absence of affidavit of merits.

Rule 38- RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS

o The movant must be a party
o Outside reglementary period
o Grounds: FAME same from MNT
o There is already an entry of judgment
o Is an equitable remedy and is allowed only under exceptional circumstances and only if
FAME is present.
o Where the defendant has other available or adequate remedy such as MNT or appeal from
the adverse decision, he cannot avail himself of this remedy.
o Must be filed within 60 days after the petitioner learns of the judgment, final order or
proceeding to be set aside and not more than 6 months after such judgment or final order
was entered, or such proceeding was taken.
 Judgment is entered on the date it becomes final and executory or 15days from the
time the parties received the notice of the written judgment where no appeal has
been made or perfected.
o Must be supported with affidavits showing the FAME
o May be filed at the MTC which decided the case or issued the order to hear the petition
for relief.
o Available only when the judgment or order is final
o If petition is granted by the MTC, it shall set aside the judgment or final order or other
proceeding complained of. The court shall then proceed to hear and determine the case as
if a timely motion for new trial or reconsideration has been granted.
o The denial of petition for relief from judgment can only be assailed before the SC via
special civil action under Rule 65 and not through petition for review on certiorari under
rule 45

Rule 47- Annulment of Judgment

o To annul a judgment of the RTC
o It is available if the ordinary remedies of new trial, appeal, petition for relief, or
appropriate remedies are no longer available through no fault of the petitioner.
o Grounds:
1. Extrinsic Fraud
 Refers to any fraudulent act of prevailing party in the litigation which is
committed outside of the trial of the case, whereby the unsuccessful party has
 been prevented from exhibiting fully his case, by fraud or deception practiced
on him by his opponent
2. Lack of Jurisdiction
 Including jurisdiction on the parties
3. Lack of Due process (jurisprudential)

o Period to file
 Extrinsic fraud- 4years from discovery of the fraud
 Lack of jurisdiction- before barred by laches or estoppel
o It is an original action in the Court of Appeal hence needs Certificate of Non-Forum
shopping, verification and affidavits
o Effect:
 There will a judgment that the decision of RTC/MTC is null and void without
prejudice to refiling of an action
 But if the ground is extrinsic fraud committed by the plaintiff, the court may in
motion order the trial court to try the case as if there is a timely motion for new
trial. The period of prescriptive period is not interrupted.

Rule 40 to 45: APPEAL

Basic purpose of Hierarchy of Courts
1. Prevent inordinate demands upon the court’s time and attention which are better devoted
to those matters within its exclusive jurisdiction
2. Prevent further overcrowding of the Court’s docket
3. Prevent the inevitable and resultant delay, intended or otherwise, in the adjudication of
cases which often have to remanded or referred to the lower court as the proper forum
under the rules of procedure, or as the court better equipped to resolve factual questions
Slip Rule
 Where the dispositive portion of a final and executory judgment contains a
clerical error or an ambiguity arising from an inadvertent omission, the error or
ambiguity may be clarified by reference to the body of the decision itself.
Where to Appeal
 RTC exercising jurisdiction over the area to which the MTC pertains
Period to appeal:
 Within 15days after notice to the appellant of the judgment or final order appealed
from.
 Where a record of Appeal is required, the appellant shall file a notice of appeal
and a record on appeal within 30 days after notice of the judgment or final order.
* The manner and period prescribed by law for appeals are not only mandatory but jurisdictional.
The failure to comply with the rules renders the judgment final and executory.
Fresh 15-day Period to Appeal
  To standardize the appeal periods provided in the rules and to afford litigants fair
opportunity to appeal their cases, the court deems it practical to allow a fresh
period of 15 days within which to file a notice of appeal in the RTC, counted from
receipt of the order dismissing a motion for a new trial or motion for
reconsideration.
 The fresh period rule shall also apply to Rule 40, Rule 42, Rule 43 and Rule 45
 Rule 40- Appeal from MTC to RTC
 Rule 42- Petition for review from RTC to CA
 Rule 43- Appeal from the CTA and Quasi Judicial Agencies to the CA
 Rule 45- Appeal by Certiorari to the SC
o Fresh Period Rule in Neypes applies only to judicial appeals and not to administrative
appeal
How appeal is taken.
 By filing notice of appeal with the court that renders the judgment or final order
appealed from
o When is record on appeal is required?
 It is required only in special proceedings and in other classes of multiple or
separate appeals.
Appeal is deemed perfected
o Appeal is perfected after the lapse of all the periods to which all parties are entitled to
appeal.
 A party’s appeal by notice of appeal is deemed perfected as to him upon the filing
of the notice of appeal in due time
 A party’s appeal by record on appeal is deemed perfected as to him with respect
to the subject matter thereof upon the approval of the record on appeal filed in due
time
The court loses jurisdiction over the case upon the perfection of the appeal filed in due time and
the expiration of the time to appeal of the parties except under the doctrine of residual powers.
o Residual jurisdiction of the court
 Prior to the transmittal of the original record to the appellate court, the trial court
retains jurisdiction:
 To issue orders for the reservation of the rights of the parties, which do not
involve any matter litigated by appeal
 To approve compromise prior to transmittal of records
 To permit appeal by indigent
 To order execution pending appeal in accordance with section 2, rule 39,
meaning that the motion for execution was filed before the expiration of
the period to appeal, and
 To allow withdrawals of appeals
o In petition for review, the cut off period when the court may no longer exercise residual
jurisdiction is before the court of appeals gives due course to the petition
The court loses jurisdiction over the subject matter in case appeal is by record in appeal upon
the approval of the record on appeal filed in due time and the expiration of the time to appeal
of the other parties.
It is the duty of the Clerk of Court of the lower court to transmit within 15days from perfection
of the appeal the original record or the record on appeal, together with transcripts and exhibits,
which he shall certify as complete, to the proper RTC

Procedure at the RTC after receiving the Complete records from the MTC
 Notify the parties of such fact
 Within 15 days after notice, appellant shall submit a memorandum which shall briefly
discuss the errors imputed to the lower court, a copy of which shall be furnished by him
to the adverse party
 Within 15 days from receipt of the appellant’s memorandum, the appellee may file his
memorandum.
 Failure of the appellant to file memorandum shall be ground for dismissal of the
appeal
 After submitting the memorandum or the expiration of the period to do so, the case shall
be submitted for decision
In Expropriation case, the period of appeal is 30 days from notice of judgment.

Rule 41: Appeal from the Regional Trial Courts

No appeal may be taken from
1. An order denying a petition for relief or any similar motion seeking relief from judgment
2. An interlocutory order
3. An order disallowing or dismissing an appeal
4. An order denying a motion to set aside a judgment by consent, confession or compromise
on the ground of fraud, mistake or duress, or any other ground vitiating consent
5. An order of execution
 No appeal may be taken from an order of execution because the judgment has
become final and executory.
 Final and executory judgments cannot be appealed.
 If there is denial of a motion for execution of judgment, appeal is available as a
remedy.
6. A judgment in separate claims, counterclaims, crossclaims, and third-party complaint
while the main case is pending, unless the court allows the appeal therefrom.
7. An order dismissing an action without prejudice

Modes of Appeal
 Two modes of Appeal from a final order of the RTC in the exercise of its Original
Jurisdiction
 1. By writ of Error under Section 2(a), Rule 41 (ordinary appeal) of the Rules of Court if
questions of fact or questions of law are raised or involved
o An appeal from the RTC to the CA raising only questions of law shall be
dismissed, issues purely of law not being reviewable by the said court.
2. Appeal by Certiorari under Section 2(c), Rule 41, in relation to Rule 45, (Petition for
review) where only questions of law are raised and involve
 Petition for Review – Appeal to the CA in cases decided by the RTC in the exercise of its
appellate jurisdiction in accordance with Rule 42
Record on Appeal is required in the following cases
1. Special Proceedings
2. Multiple or separate appeals
3. Order of Expropriation in eminent domain proceedings
4. Judgment for recovery of property or partition with accounting
5. Judgment for or against one or more of several defendants, leaving the action to proceed
against the other
6. Foreclosure of mortgage.

Rule 42: PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE
COURT OF APPEALS
 A party desiring to appeal from a decision of the Regional Trial Court rendered in the
exercise of its appellate jurisdiction may file a verified petition for review with the Court
of Appeals.
 The wrong mode of appeal does not toll the running of the period within which to file
petition for review.
 The fresh 15-day period is applicable to Rule 40, 42, 43 and 45
 Petition for review may be extended upon proper motion and payment of the full amount
of docket fees and the deposit for costs before the expiration of the period.
 The CA may grant a 15day extension period and no further extension can be granted,
except for most compelling reasons
 It is not only the judgment that may be questioned in a petition for review, but also an
order denying a motion for new trial
 What shall the CA do with the petition upon its filing
1. Require the respondent to file his comment to the petition, not a motion to dismiss,
within 10 days from the notice, or
2. Dismiss the petition if it finds the same to be patently without merit, prosecuted for
delay or that the questions raised are too substantial to require consideration
 Appeal by petition for review before the CA is perfected upon the timely filing of a
petition for review and the payment of the corresponding docket and other lawful fees.
 RTC loses jurisdiction over the case upon the perfection of appeal filed in due time and
the expiration of the time to appeal of the other parties
 Petition does not stay the judgment or final order considering that it was decided under
the Rules of Summary Procedure. In short, the judgment of the RTC is immediately
executory.
Rule 43: Appeal from the CTA and other Quasi-Judicial Agencies to the CA
 Appeal under this rule may be taken to the Court of Appeals within 15 days from the
notice of award, judgment, final order or resolution or from the date of publication
 The appeal involves questions of fact, of law, or mixed of question of fact or law.
 Mode of appeal from a decision and final order of the CSC to CA
o Petition for review
 Decision or Final Orders of the NLRC are appealable to the CA by way of Certiorari
under Rule 65
 Losing party may ask only one Motion for Reconsideration
 Additional extension of 15days is allowed only within which to file petition for review.
No further extension is allowed.
Rule 44: Procedure in the Court of Appeals
Rule 45: Appeal by Certiorari to the Supreme Court
How to Appeal the decision of the CA?
 He may appeal by certiorari, by filing with the Supreme Court a petition for certiorari,
within 15 days from notice of the judgment or final order or resolution or of the denial of
his motion for reconsideration filed in due time with the Supreme Court.
 The petition shall not be acted upon without proof of service of a copy thereof to the
lower court and the adverse party. Compliance therewith is equivalent to the notice of
appeal.
Certiorari as mode of appeal (Rule 45) Certiorari as special civil action (Rule 65)
Only questions of Law may be raised The only questions that may be raised is
whether or not the respondent has acted
with grave abuse of discretion, or acted
without or in excess of jurisdiction
Must be filed within 15 days from notice of 60 days from notice of the decision
the judgment or final order or resolution
appealed from, or of the denial of the
petitioner’s motion for new trial or
reconsideration.
Parties are Appellant and Appellee as The parties are the aggrieved party and the
petitioner and respondent respectively respondent, the tribunal exercising judicial
function
Continuation of the original Not continuation of the original but a separate
proceeding.

 SC may for justifiable reason grant an extension of thirty (30) days only within which to
file the petition
 Only question of Law may be raised in a petition for certiorari.
 o The SC has the option to take into account questions of facts raised taking into
account the attendant circumstances and decide the same or to refer the case to the
CA for determinations
Grounds for dismissal of the petition for certiorari.
1. The appeal is without merit
2. The appeal is prosecuted manifestly for delay
3. The question raised are too unsubstantial to require consideration

Certiorari under Rules 65 is not available as remedy where the aggrieved party’s remedy of
appeal is plain, speedy and adequate in the ordinary course, the reason being that certiorari
cannot co-exist with an appeal or any other remedy.

Rule 46: Original Cases (see books)

 Certiorari
 Prohibition
 Mandamus
 Quo warranto
 Habeas corpus
No need for summons to acquire jurisdiction
 Come up with resolution requiring the respondent to take action on this resolution and
served it to the respondent
 the respondent voluntary submitted to the jurisdiction of the court

Rule 47: Annulment of Judgment or Final Orders and Resolution- see above
Rule 48: Preliminary Conference (see books)
Rule 49: Oral Argument (see books)
Rule 50: Dismissal of Appeal
Rule 51: Judgment
Case shall be deemed submitted for judgment:
1) In Ordinary Appeals
a) When no hearing on the merits of the case is held, upon the filing of the last pleading,
brief or memorandum required by the rules or by the court itself, or the expiration of the
period for its filing
b) Where such hearing is held, upon its termination or upon filing of the last pleading or
memorandum as may be required or permitted to be filed by the court, or the expiration
of the period for its filing.
2) Original actions and petition for review
a) Where no comment is filed, upon the expiration of the period to comment
 b) Where no hearing is held, upon filing of the last pleading required or permitted to be filed
by the court, or the expiration of the period for its filing
c) Where a hearing on the merits of the main case is held, upon its termination or upon
filing of the last pleading or memorandum as may be required or permitted to be filed by
the court, or the sexpiration of the period for its filing
Every decision or final resolution of the court in appealed cases shall clearly and distinctly state
the findings of fact and the conclusions of law on which it is based.

Rule 52: Motion for Reconsideration

 MR must be filed within 15days from notice thereof, with proof of service on the adverse
party.
 No second MR of the judgment or final resolution by same party shall be entertained.
 The CA shall resolve the MR within 90 days from the date the court declared it submitted
for resolution
 The MR shall stay the execution of the judgment or final resolution sought to be
reconsidered unless the court, for good reason, shall otherwise direct.

Rule 53: NEW TRIAL

 A party may file a MNT at anytime after the appeal from the lower court has been
perfected and before the CA loses jurisdiction over the case
 Grounds
o Newly discovered evidence which could not have been discovered prior to the
trial in the lower court by the exercise of due diligence and which is of such
character as would probably change the result.
 It shall resolve the MNT within 90 days from the date when the court declared it
submitted for resolution.
Rule 54: Internal Business (See book)
Rule 55: Publication (See Book)
Rule 56: Original and Appealed Cases
 Cases that may originally filed with the SC:
o Certiorari
o Prohibition
o Mandamus
o Quo Warranto
o Habeas Corpus
o Disciplinary proceedings against member of the judiciary and attorney
o Cases affecting ambassadors, other public ministers and consuls
 How appeal be taken to the SC
o Only by petition for review on certiorari, except in criminal cases where the
penalty is reclusion perpetua or life imprisonment.
 If decision is equally devided
o Original action
 If after deliberation, the court en banc is equally devided, then it shall be
redeliberated again and if no decision is arrived at, the action shall be
dismissed
o In case of appeal
 If after deliberation, the court en banc is equally divided, the judgment or
order appealed from shall be affirmed