RULE 17 – DISMISSAL OF ACTION 2.

When on its face, the complaint shows that the

court has no jurisdiction over the subject matter


3. When there is litis pendencia or res adjudicate
Before the service of an answer of the service of a motion for
or prescription
summary judgment, a complaint may be dismissed by the plaintiff
4. Under the summary rules, the court is
by filing a notice of dismissal. Upon the filing of the notice of
empowered to dismiss immediately without any
dismissal, the court shall issue an order confirming the dismissal.
motion


Dismissal under Sec. 3 cannot be refilled and shall have
Filing without prejudice – A dismissal made by the filing of a
the effect of adjudication upon the merits. (res judicata
notice of dismissal is a dismissal without prejudice. (complaint can
applies)

be refilled). The dismissal will however, be one with prejudice in
Dismissal due to the fault of the plaintiff is with prejudice
any of the following situations:
unless the court provides otherwise.
1. Notice of dismissal by the plaintiff provides that the dismissal
is with prejudice RULE 18 – PRE-TRIAL
2. Plaintiff has previously dismissed the same case in a court of


competent jurisdiction
Pre-Trial – it is a mandatory conference and personal
 Two-Dismissal Rule – when the plaintiff has: confrontation before the judge between the parties and their
respective counsel.
 It is mandatory in civil and criminal cases
a. Twice dismissed actions

 Pre-trial conference is also mandatory in both civil and

b. Based on or including the same claim
c. In a court of competent jurisdiction
 The second dismissal shall be with prejudice. criminal cases under the Rules on Summary Procedure.
 Under the former rule, the court was authorized to render a
 A o plai t shall ot e dis issed at the plai tiff’s i sta e save judgment on the pleadings or a summary judgment if at the
upon approval of the court and upon such terms and conditions as trial the court finds that facts exist to warrant the rendition of
said judgments. The court may do so in its own motion.
 U de the u e t ule, the ou t s autho it is o fi ed to a
are just.
 If a counterclaim is pleaded by a defendant prior to the service
upo hi of the plai tiff’s otio for dis issal, the dis issal shall mere determination of the propriety of rendering a judgment
be limited to the complaint. on the pleadings or a summary judgment. The requisite
 The dismissal shall be without prejudice to the right of the motion should be filed and heard pursuant to Rule 34
(judgment on pleadings) and Rule 35 (Summary Judgments).
 The conduct of a pre-trial is mandatory. Pre-trial is a
defendant to prosecute his counterclaim in a separate action
unless within 15 days from notice of the motion he manifests his
preference to have his counterclaim resolved in the same action. procedural device intended to clarify and limit the basic
 Unless otherwise specified in the order, a dismissal under this issues between the parties. It thus paves the way for a less
paragraph shall be without prejudice. cluttered trial and resolution of the case. Its main objective is
 A class suit shall not be dismissed or compromised without the to simplify, abbreviate and expedite trial, or totally dispense
approval the court. with it (Abubakar vs. Abubakar, 317 SCRA 264). It is a basic
precept that the parties are bound to honor the stipulations
 made during the pre-trial
 Ordinarily, the answer is the last pleading, but when the
The following are the grounds for the dismissal due to fault of
plaintiff:
1. The plaintiff fails to appear on the date of presentation of his defe da t s a s e o tai s a ou te lai , plai tiff s
evidence-in-chief on the complaint for no justifiable reason or answer to it is the last pleadi g. Whe the defe da t s
cause answer has a cross-claim, the answer of the cross-defendant
 Evidence-in-chief is the main evidence of the plaintiff to to it is the last pleadi g. Whe e the plai tiff s a s e to a
prove his cause of action counterclaim contains a counterclaim against the opposing
2. The plaintiff fails to prosecute his action for an unreasonable party or a cross-claim against a co-defendant, the answer of
length of time for no justifiable reason or cause the opposing party to the counterclaim or the answer of the
3. The plaintiff fails to comply with the Rules of Court or any co-defendant to the cross-claim is the last pleading. Where
order of the court for no justifiable reason or cause the plaintiff files a reply alleging facts in denial or avoidance
 The court could not dismiss the case upon its own of new matter by way of defense in the answer, such reply
constitutes the last pleading.
 The requirement that the pre-trial shall be scheduled after
initiative, because the grounds for dismissal are waivable.
If the defendant fails to move for dismissal, he is waiving
the defect. the last pleading has been filed is intended to fully apprise
 Except: the court and the parties of all the issues in the case before
1. Plai tiff’s fault Se . the pre-trial is conducted

Reviewer in Civil Procedure

By: Duke Sucgang
 The ex parte motion to set the case for the pre-trial is to be
made by the plaintiff after the last pleading has been served and
filed.
 The motion is to be filed within 5 days after the last pleading
joining the issues has been served and filed.
 If the plaintiff fails to file said motion within the given period,
the branch clerk of court shall issue a notice of pre-trial.
 Where the last pleading has not yet been served and filed,
the case is not yet ready for pre-t ial. Ho e e , the last
pleadi g eed ot e literally construed as on having been
served and filed. For purposes of the pre-trial, the expiration
of the period for filing the last pleading without having been
served and filed is sufficient.
Co ept of p e-t ial
Afte the last pleadi g has ee se ed a d filed, it shall e the dut of
the plai tiff to p o ptl o e e pa te that the ase e set fo p e-t ial.
 appealable.
A pre-trial is a procedural device held prior to the trial for the
court to consider the following purposes:
a. The possibility of an amicable settlement or a submission to
alternative modes of dispute resolution
b. The simplification of the issues
c. The necessity or desirability of amendments to the
pleadings
d. The possibility of obtaining stipulations or admissions of
facts and of documents to avoid unnecessary proof
e. The limitation of the number of witnesses
f. The advisability of a preliminary reference of issues to a
commissioner
g. The proprietary of rendering judgment on the pleadings, or
summary judgment or of dismissing the action should a
valid ground therefore be found to exist
h. The advisability or necessity of suspending the proceedings
i. Such other matters as may aid in the prompt disposition of
the action

At the start of the preliminary conference, the judge is mandated
to refer the parties and/or their counsels to the mediation unit of
the PMC for purposes of mediation. If fails, the judge will schedule
the continuance of preliminary conference.

Purpose of pre-trial is to expedite trials or shorten the actual
period of trials, to narrow or simplify the issues, eliminate the
doing of useless things, and to facilitate the attainment of justice
between the parties
 The notice of pre-trial shall be served on the counsel of the party
if the latter is represented by counsel. Otherwise the notice shall
be served on the party himself. The counsel is charged with the
duty of notifying his client of the date, time and place of the pre-
trial.
 The present rule simplifies the procedure because the notice of
pre-trial is served on the counsel and service is made on the party
only if he has no counsel.
 Notice is so important that it would be grave abuse of discretion
for the court to allow the plaintiff to present his evidence ex parte
Reviewer in Civil Procedure
By: Duke Sucgang
for failure of the defendant to appear before the pre-trial who did
not receive through his counsel a notice of pre-trial.
 It shall be the duty of both the parties and their counsels to
appear at the pre-trial. The non-appearance of a party may be
excused only if a valid cause is shown therefor or a
representative shall appear in his behalf fully authorized in
writing to enter into an amicable settlement, to submit to
alternative modes of dispute resolution, and to enter into
stipulations or admissions of facts and of documents
 The failure of the plaintiff to appear shall be cause for the
dismissal of the action. The dismissal shall be with prejudice
except when the court orders otherwise.
 Since the dismissal is with prejudice, the same shall have the
effect of an adjudication on the merits thus, final.
 The remedy of the plaintiff is to appeal from the order of
dismissal. An order dismissing an action with prejudice is

The representative must fully authorized in writing (a) to enter
into amicable settlement; (b) to submit to ADR; (c) to enter into
stipulation or admissions of facts and of documents

The failure of the plaintiff to appear when so required shall be
cause for dismissal of the action. The dismissal shall be with
prejudice, unless otherwise ordered by the court. The failure of
the defendant to appear shall be cause to allow the plaintiff to
present his evidence ex parte and for the court to render
judgment on the basis of the evidence presented by the plaintiff.

Former rule, the defendant who fails to appear in the pre-trial
a e o side ed as i default.

The order allowing the plaintiff to present his evidence ex parte
does not dispose of the case with finality. The order is merely
interlocutory, hence, not appealable.

If the defendant fails to appear, the plaintiff may be allowed to
present his evidence ex parte

How non-appearance is excused:
1. If a valid cause is shown for such non-appearance or a
representative shall appear in his behalf fully authorized in
writing to enter into any of the following matters:
a. Amicable settlement
b. Alternative modes of dispute resolution
c. Stipulations and admissions of facts

An incomplete authority does not satisfy the requirements of the
Rules and should be deemed the equivalent of having no authority
at all.
2. Having a written authority but without a justification for a
pa t ’s a se e o i e e sa, ould ot e i a o d ith
the spirit of the Rules.
3. The written authority must be in the form of a special
power of attorney. Entering into an amicable for a client
who is the principal in the atty-client relationship involves
entering into a compromise.

“u sta ti e la A t. [ ] of CC is e pli it: “PA a e e essa
to compromise to submit questions to arbitration.
 Procedural rules (Sec. 23, Rules 138) likewise prohibit an attorney Should the action proceed to trial, the pre-trial order shall:
to o p o ise his lie t s litigatio ithout a spe ial autho it . a. Defines and limits the issues to be tried
b. Controls the subsequent course of the action except if it is
 The parties shall file with the court their respective pre-trial modified before trial to prevent manifest injustice.
briefs which shall be received at least 3 days before the date of
the pre-trial. This pre-trial brief shall be served on the adverse Pre-trial in civil cases Pre-trial in criminal cases
party. It shall contain the following: Pre-trial is set when the plaintiff Pre-trial is ordered by the court
moves ex parte to set the case for and no motion to set the case for
a. Statement of their willingness to enter into an amicable
pre-trial pre-trial is required
settlement or alternative modes of dispute resolution,
The motion to set the case for The motion to set the case for
indicating the desired terms thereof; pre-trial is made after the last pre-trial is ordered by the court
b. A summary of admitted facts and proposed stipulation of pleading has been served and after arraignment and within 30
facts; filed days from the date the court
c. The issues to be tried or resolved; acquires jurisdiction over the
d. The documents or exhibits to be presented, stating the person of the accused
Considers the possibility of an Does not include the considering
purposes thereof;
amicable settlement as an of the possibility of amicable
e. A manifestation of their having availed of or their intention
important objective settlement of criminal liability as
to avail of the discovery procedures or referral to one of its purposes
commissioners; and The agreements and admissions All agreements or admissions
f. The number and names of the witnesses, and the substance made are not required to be made or entered during pre-trial
of their respective testimonies. signed by both the parties and conference shall be reduced in
their counsels. They are instead writing and signed by both the
Failure to file the pre-trial brief shall have the same effect as to be contained in the record of accused and counsel, otherwise,
failure to appear at the pre-trial pre-trial and pre-trial order. they cannot be used against the
Now requires, the proceedings is accused.
 It is vital to have documents and exhibits identified and marked to e e o ded i the i utes of
p eli i a o fe e e to e
during the pre-trial.

signed by both parties and/or
No evidence shall be presented and offered during the trial in counsel
suppo t of a pa t s e ide e-in-chief other than those that had The sanctions for non-appearance The sanctions in criminal cases
been earlier identified and pre-marked during the pre-trial, except in a pre-trial are imposed upon are imposed upon the counsel for
if allowed by the court for good cause shown. the plaintiff and the defendant in the accused or the prosecutor.
 The parties are bound by the representations and statements in a civil case
their respective pre-trial briefs. Hence, such representations and A pre-trial brief is specifically Pre-trial brief is not specifically
required to be submitted required to be submitted
statements are in the nature of judicial admissions in relation to


Sec. 4 Rule 129.
The proceedings in the pre-trial shall be recorded. Upon the


termination thereof, the court shall issue an order which shall
Effect of failure to file a pre-trial brief:
recite in detail the matters taken up in the conference, the action
1. Shall have the same effect as failure to appear at the pre-
taken thereon, the amendments allowed to the pleadings, and
trial.
the agreements or admissions made by the parties as to any of
2. The dismissal of a complaint for failure to file pre-trial brief
the matters considered. Should the action proceed to trial, the
is discretionary on the part of the trial court.
order shall explicitly define and limit the issues to be tried. The

 During the pre-trial, the judge shall be the one to ask questions on
contents of the order shall control the subsequent course of the
action, unless modified before trial to prevent manifest injustice.

issues raised by the parties and all questions or comments by
Pre-trial order is to make specific the legal theories on which each
counsel or parties must be directed to the judge to avoid
party is proceeding and to crystalize and formulate the issues to
hostilities between the parties.
be tried; to make specific the legal theories contentions of fact on


This order of the court is issued by the court upon the
termination of the pre-trial. Such order shall be issued within 10
days after the termination of the pre-trial and shall recites in
detail the following:
a. Matters taken up in the conference;
b. The action taken thereon;
c. The amendments allowed to the pleadings; and
d. The agreements or admissions made by the parties as to any
matters considered.
which each party to an action is proceeding
Alte ati e Dispute Resolutio ADR
If the ase has al ead filed a o plai t ith the t ial ou t
ithout p io e ou se to a it atio , the p ope p o edu e to e a le
a a it atio pa el to esol e the pa ties dispute pu sua t to the
o t a t is fo the t ial ou t to sta the p o eedi gs. Afte the
a it atio p o eedi g has al ead ee pu sued a d o pleted, the
the t ial ou t a o fi the a a d ade the a it atio pa el
Fiesta World Mall Corp. vs. Li erg Phils. I ., GR , Aug. ,
.

Reviewer in Civil Procedure

By: Duke Sucgang
 A pa t has se e al judi ial e edies a aila le at its disposal afte  An intervenor is a person who voluntarily interposes in an action
the A it atio Co ittee de ied its Motio fo ‘e o side atio : or other proceeding with the leave of the court; one who, by leave
a It a petitio the p ope ‘TC to issue a o de a ati g the of court, files his complaint or pleading asking for affirmative and
a a d o the g ou ds p o ided fo u de “e . of the A it atio independent relief from that of the plaintiff or defendant in the
La ; original action, or against either or both of them
File a petitio fo e ie u de ‘ule ith the Cou t of Appeals
o uestio s of fa t, of la , o i ed uestio s of fa t a d la Se . , The following persons may intervene in an action:
ADR ; a. Those who have a legal interest in the matter of litigation
b. Those who have an interest in the success of either of the
File a petitio fo ertiorari u de ‘ule o the g ou d that the
parties or an interest against both
A it atio Co ittee a ted ithout o i e ess of its ju isdi tio o
ith g a e a use of dis etio a ou ti g to la k o e ess of c. Those who are so situated as to be adversely affected by a
ju isdi tio I sular Savi gs Ba k vs. Far East Ba k a d Trust Co., GR destruction or other disposition of property in the custody of
, Ju e , . the court or an officer thereof

Re uisites fo i te e tio
RULE 19 – INTERVENTION
The follo i g e uisites ust e o plied ith efo e a o -pa t a
i te e e i a pe di g a tio :
Intervention – a proceeding in a suit or an action by which a third a The e ust e a otio fo i te e tio filed efore e ditio of
judg e t the t ial ou t Se . , Rule . A otio is e essa
person is permitted by the court to make himself a party, either joining
e ause lea e of ou t is e ui ed efo e a pe so a e allo ed to
plaintiff in claiming what is sought by the complaint, or uniting with i te e e.
defendant in resisting the claims of plaintiff, or demanding something The o a t ust sho i his otio that he has:
adverse to both of them.
A legal i te est i the atte i litigatio , the su ess of eithe of

the pa ties i the a tio , o agai st oth pa ties;
It is merely a collateral or accessory or ancillary to the principal
action ad not an independent proceeding. With the final dismissal That the o a t is so situated as to e ad e sel affe ted a
of the original action, the complaint in intervention can no longer dist i utio o othe dispositio of p ope t i the ustod of the ou t
o of a offi e the eof; a d
be acted upon.
(3) That the intervention must not only unduly delay or prejudice the
 A person who has a legal interest in the matter in litigation, or in adjudication of the rights of the original parties and that the
the success of either of the parties, or an interest against both, or i te e o s ights may not be fully protected in a separate proceeding
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 Intervention Interpleader
officer thereof may, with leave of court, be allowed to intervene Ancilliary action Original action
Proper in any of the four Presupposes that the plaintiff has
in the action. The court shall consider whether or not the
situations on this Rule no interest in the subject-matter
intervention will unduly delay or prejudice the adjudication of
of the action or has an interest
the rights of the original parties, and whether or not the therein which, in whole or in
i terve or’s rights ay e fully prote ted i a separate part, is not disputed by the other
proceeding. parties to the action
The defendants are already The defendants are being sued
 Right to intervene is not an absolute right. It is fixed by the rule or original parties to the pending precisely to implead them
suit
 The motion to intervene may be filed at any time before
statute and can be secured only in accordance with the rule on
intervention and addressed to the sound discretion of the court.

rendition of judgment by the trial court. A copy of the pleading-
It is not compulsory or mandatory but only optional and
in-intervention shall be attached to the motion and served on
pe issi e. Usi g the o d a .

the original parties.
 Former rule, before or during a trial.
The purpose of intervention is not to obstruct or unnecessarily

 A copy of the pleading attached cannot be made ex parte but

delay the trial but merely to afford one and the opportunity to
appear and be joined so he could assert or protect such right or
interest.
 Intervention is not an independent action but is auxiliary and
supplemental to the existing litigation.
 An improper denial of a motion for intervention is correctible by
appeal, but if there is grave abuse of discretion, writ of mandamus
will lie, where there is no other plain, speedy and adequate
remedy.
 Motion to intervene should be construed liberally
should be made on notice.
 Re ed fo the de ial of otio to i te e tio

The e ed of the agg ie ed pa t is appeal. Ma da us ill
ot lie e ept i ase of g a e a use of dis etio .
 The intervenor shall file a complaint-in-intervention if he asserts
a claim against either or all of the original parties, or an answer-
in-intervention if he unites with the defending party in resisting a
claim against the latter. (pleadings-in-intervention)

Reviewer in Civil Procedure

By: Duke Sucgang
 The answer to the complaint-in-intervention shall be filed within
15 days from notice of the order admitting the same, unless a
different period is fixed by the court. (answer to complaint-in-
intervention)
 Complaint-in-intervention – it is filed when the intervenor asserts
a claim against either or all of the original parties
 Answer-in-intervention – it is filed when the intervenor unites
with the defendant in resisting a claim against the latter
Examples where intervention was allowed:
1. Heir has a legal interest of a claim based upon a promissory
note signed by his predecessor in interest, alleged to have
been obtained through fraud and lack of consideration.
2. Action by one partner against his other partners and
creditors of the partnership, to wind up the affairs, to sell the
partnership property, to pay the debts and distribute the
proceeds among the interested parties, and other
partnership affairs.
3. When a judicial administrator of a testamentary estate, who
is made a party defendant in an action on appeal for the
recovery from the testator of a claim rejected by the
committee on claims and appraisal does not interpose the
necessary and effective legal defense, the heirs have the right
to intervene
4. The person who has to pay the Atto e s fees fo su essful
plaintiff for the amount to be determined
5. Action between owners of two steamships for damages due
to collision, the owners of the merchandise lost may
intervene
6. Where property sold subject to the right to repurchase, the
vendee may intervene as owner of the attached property and
have it dissolved.
Examples where intervention not allowed:
1. FUED where the intervenor may raise questions over the
jurisdiction of courts
2. Where the rights of the intervenor may be fully protected in a
separate proceeding
3. Where the party desiring to intervene was not a party to the
agreement between the original parties and where would
unduly prejudice the adjudication of their right
4. Municipality which has no right in the plaza cannot intervene
in cadastral proceeding
5. Oppositors-appellees who had not chosen to file their brief
have no personalty to intervene
6. A person may at any period of the trial, be permitted by the
court, in its discretion to intervene if he has legal interest in
the matter in litigation.
RULE 20 – CALENDAR OF CASES

The clerk of court, under the direct supervision of the judge, shall
keep a calendar of cases for pre-trial, those whose trials were
adjourned or postponed, and those with motions to set for
Reviewer in Civil Procedure
By: Duke Sucgang
hearing. Preference shall be given to habeas corpus cases,
election cases, special civil actions, and those so required by law.
 The assignment of cases to the different branches of a court shall
be done exclusively by raffle. The assignment shall be done in
open session of which adequate notice shall be given so as to
afford interested parties opportunity to be present.
RULE 21 – SUBPOENA
Su poe a is a p o ess di e ted to a pe so e ui i g hi to atte d a d
to testif at the hea i g o the t ial of a a tio , o at a i estigatio
o du ted u de the la s of the Philippi es, o fo taki g of his
depositio Se . , Rule .
Subpoena Summons
An order to appear and testify or An order to answer complaint
to produce books and documents
May be served to a non-party Served on the defendant
Needs tender of kilometrage, Does not need tender of
attendance fee and reasonable kilometrage and other fees
cost of production fee
 Subpoena ad testificandum – process directed to a person
requiring him to attend and to testify at the hearing or the trial of
an action, or at any investigation conducted by competent
authority, or for the taking of his deposition.
 Subpoena duces tecum – a process directed to a person requiring
him to bring with him books, documents, or other things under his
control
 By whom issued:
1. The court before whom the witness is required to attend
2. Court of the place where the deposition is to be taken
3. The officer or body authorized by law to do so in connection
with investigations conducted by said officer or body
4. Any justice of the SC or of the CA in any case or investigation
pending within the Philippines.
 Subpoena to a prisoner – the judge or officer shall examine and
study carefully such application to determine whether the same is
made for a valid purpose.
 If prisoner required to appear in court is sentenced to death,
reclusion perpetua or life imprisonment and is confined in prison,
it must be authorized by the SC.
 MTC may now issue a subpoena for the attendance before it of a
prisoner even if he is not confined in a municipal jail, unless such
prisoner has been sentenced to death, RP or life imprisonment
and his desired appearance has not been authorized by the SC.

Forms and Contents:
1. Shall state the name of the court and the title of the action
or investigation
2. It shall be directed to the person whose attendance is
required
3. In the case of a subpoena duces tecum, it shall contain a
reasonable description of the books, documents or things
 demanded which must appear to the court to be prima facie
relevant.
 Quashing a subpoena
 Subpoena duces tecum:
1. Upon motion promptly made
2. Proof that:
a. It is unreasonable and oppressive
b. The articles sought to be produced do not appear
prima facie to be relevant to the issues
c. The person asking for the subpoena does not
advance the cost for the production of the articles
desired
 Subpoena ad testificandum – may be quashed on the ground
that the witness is not bound thereby

In either case, the subpoena may be quashed on the ground that
the witness fees and kilometrage allowed by these Rules were
not tendered when the subpoena was served.

Proof of service of a notice to take a deposition shall constitute
sufficient authorization for the issuance of subpoenas for the
persons named in said notice by the clerk of the court of the
place in which the deposition is to be taken. The clerk shall not
however, issue a subpoena duces tecum to any such person
without an order of the court.

Service of subpoena:
1. The original shall be exhibited and a copy thereof delivered
to the person on whom it is served;
2. Tendering to him the fees for one da ’s atte da e o
kilometrage allowed by the Rules; except that, when a
subpoena is issued by or on behalf of the RP or an officer or
agency thereof, the tender need not be made
3. The service myust be made so as to allow the witness a
reasonable time for preparation and travel to the place of
attendance
4. If the subpoena is duces tecum, the reasonable cost of
producing the books, documents, or things demanded shall
also be tendered

The service of subpoena shall be made in the same manner as
personal or substituted service of summons

A person present in court before a judicial officer may be
required to testify as if he were in attendance upon a subpoena
issued by such court or officer

The court which issued the subpoena may issue a warrant for the
arrest of the witness and make him pay the cost of such warrant
and seizure, if the court should determine that his disobedience
was wilful and without just cause

The refusal to obey a subpoena without adequate cause shall be
deemed contempt of the court issuing it.

Exceptions: provisions regarding the compelling of attendance
(sec. 8) and contempt (sec. 9) do not apply where:
Reviewer in Civil Procedure
By: Duke Sucgang
1. Witness resides more than 100km from his residence to the
place where he is to testify by the ordinary courts of travel
(Viatory Right) and
2. Pe issio of the ou t i hi h the dete tio p iso e s
case is pending was not obtained.
RULE 22 – COMPUTATION OF TIME
 In computing the time, the day of the act or event from which
the designated period of time begins to run is to be excluded and
the date of performance included. If the last day of the period, as
thus computed, falls on Saturday, Sunday or legal holiday in the
place where the court sits, the time shall not run until the next
working day.

The computation of time shall be construed mandatory and
absolutely indispensable to prevenet needless delay and to secure
the orderly and speedy discharge of judicial cases.
 When the party seeks an extension and the same is granted, the
due date ceases to be the last day and hence, the provision no
longer applies. Any extension of time to file the required pleading
should therefore be counted from the expiration of the period
regardless of the fact that said due date is a Saturday, Sunday, or
legal holiday.
 Should an act be done which effectively interrupts the running of
the period, the allowable period after such interruption shall
start to run on the day after notice of the cessation of the cause
thereof. The day of the act that caused the interruption shall be
excluded in the computation of the period.
 The act referred to include force majeure, fortuitous events
or calamities. An express cause for the interruption since that
fact would obviously be made known or notice thereof given
to the party.
MODES OF DISCOVERY

The following are the modes of discovery:
1. Depositions pending action
2. Depositions before action or pending appeal
3. Interrogatories to parties
4. Admission by adverse party
5. Production or inspection of documents and things
6. Physical and mental examination of persons.
 Modes of discovery – is a device employed by a party to obtain
information about relevant matters on the case from the adverse
party in preparation for the trial. The device may be used by all
the parties to the case.
 Purpose: designed to serve as an additional device aside from a
pre-trail, 1. To narrow and clarify the basic issues between the
parties. 2. To ascertain the facts relative to the issues; and 3. To
enable the parties to obtain the fullest possible knowledge of the
issues and facts before civil trials and this prevent the said trials to
be carried on in the dark.
 It is intended to make certain that all issues necessary to the
disposition of a case are properly raised.
The asi pu poses of the ules of dis o e a e:
a To e a le a pa t to o tai k o ledge of ate ial fa ts ithi the
k o ledge of the ad e se pa t o of thi d pa ties th ough depositio s;
To o tai k o ledge of ate ial fa ts o ad issio s f o
ad e se pa t th ough itte i te ogato ies;
To o tai ad issio s f o the ad e se pa t ega di g the
ge ui e ess of ele a t do u e ts o ele a t atte s of fa t th ough
e uests fo ad issio s;
d To i spe t ele a t do u e ts o o je ts, a d la ds o othe
p ope t i the possessio a d o t ol of the ad e se pa t ; a d
(e) To determine the physical or mental condition of a party when
such is in controversy
RULE 23 – DEPOSITIONS PENDING ACTION
RULE 24 – DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

Deposition is the taking of the testimony of any person, whether
he be a party or not, but at the instance of a party to the action.
a.
This testimony is taken out of court. It may be either by an oral
b.
examination, or by a written interrogatory. (sec. 1. Rule 23).

Deposition may be sought for use in a future action (24) during a
pending action (23) or for use in a pending appeal (24).

Deposition de benne esse – If the deposition is for use during a
pending trial action and is governed by Rule 23; one taken
pending action.

Deposition in perpetuam rei memoriam – if it is to perpetuate a
testimony for use in future proceedings as when it is sought
before the existence of an action or for cases on appeal; one
taken prior to the institution of an apprehended or intended
action (Rule 134)
 Leave of court is required before the service of an answer but
after jurisdiction has been acquired over the defendant or over
the property subject of the action (sec. 1. Rule 23).
 When it is the deposition of a prisoner that is to be taken, his
deposition may be taken only with leave of court and upon such
terms as the court may prescribe.
Before whom taken (deposition pending action)
1. Within the Philippines, a deposition need not be taken before
a judge, although it may be taken one. It may also be taken
before a notary public or before any person authorized to
administer oaths if the parties so stipulate in writing. (sec. 14)
2. Outside the Philippines, a deposition may be taken before 1.
Secretary of an embassy or legation, consul general, consul,
vice-consul, or consular agent of the RP (sec. 11); 2. Such person
or officer as may be appointed by commission or letters
rogatory; or 3. A person authorized to administer oaths by
written stipulation of the parties. (sec. 14)
Reviewer in Civil Procedure
By: Duke Sucgang
3. No deposition shall be taken before a person who is a relative
th
within the 6 degree of consanguinity or affinity, or
employee or counsel of any of the parties; or who is a relative
within the same degree, or employee of such counsel; or who
is financially interested in the action. (sec.23)
Examination of deponent
the
1. A party desiring to take the deposition of any person upon
oral examination shall give reasonable notice in writing to
every party to the action stating the time and place for taking
the deposition and the name and address of each person to
be examined (sec.15). After the notice is served, the court may
make any order for the protection of the parties and the
deponents. sec.23
2. The attendance of witnesses may be compelled by the use of
subpoenas (sec.1)
3. The deponent may be examined or cross examined following
the procedures for witnesses in a trial. He may be asked
questions on direct, cross, re-direct, or re-cross. He has the
same rights as a witness and may be impeached like a court
witness because Secs. 3 to 18 of Rule 132 apply to a
deponent. (sec.3)
4. Unless otherwise provided by the court, the deponent may
be examined regarding any matter not privileged, which is
relevant to the pending action, whether relating to the claim
or defense of any party, including the existence, description,
nature, custody, condition and location of any books,
documents or other tangible things and the identity and
location of persons having knowledge of relevant facts. (sec.2)
5. The officer before whom the deposition is taken has no
authority to rule on the objections interposed during the
course of the deposition although any objections shall be
noted by the officer upon the deposition. Any evidence that
is objected to shall still be taken but subject to the objection.
(sec.17)
Use of depositions pending action
1. Any part or all of the deposition, so far as admissible under
a.
the rules of evidence, may be used against any party who
was present or represented at the taking of the deposition, or
b.
against one who had due notice of the deposition. (sec.4)
 If the deposition is for use during a pending action, it is commonly
called a deposition benne esse and is governed by Rule 23. If it is
to perpetuate a testimony for use in future proceedings as when it
is sought before the existence of an action, or for cases on appeal,
it is called a deposition in perpetuam rei memoriam.
S ope of e a i atio
U less othe ise o de ed the ou t as p o ided “e .
o , the depo e t a e e a i ed ega di g a atte
ot p i ileged, hi h is ele a t to the pe di g a tio ,
hethe elati g to the lai o defe se of a othe pa t ,
i ludi g the e iste e, des iptio , atu e, ustod ,
o ditio , a d lo atio of a ooks, do u e ts, o othe
ta gi le thi gs a d the ide tit a d lo atio of pe so s
 ha i g k o ledge of ele a t fa ts Se . . Issued to a non-judicial foreign Issued to the appropriate judicial
officer who will directly take the officer of the foreign country who
2. The deposition may be used for the following purposes:
testimony will direct somebody in said
a. For contradicting or impeaching the testimony of the foreign country to take down
deponent as a witness testimony
b. For any purpose by the adverse party where the Applicable rules of procedure are Applicable rules of procedure are
deponent is a party those of the requesting court those of the foreign court
c. For any purpose by any party, where the deponent is a requested to act
witness if the court finds that: Resorted to if permission of the Resorted to if the execution of the
foreign country is given commission is refused in the
i. The witness is dead
foreign country
ii. That the witness resides more than 100 km
Leave of court is not necessary Leave of court is necessary
from the place of trial or hearing or is out of
the Philippines, unless it appears that his
Whe a taki g of depositio e te i ated o its s ope li ited
absence was procured by the party offering
the deposition At a ti e du i g the taki g of the depositio , o otio o
iii. That the witness is unable to attend or testify petitio of a pa t o of the depo e t a d upo sho i g that the
because of age, sickness, infirmity or e a i atio is ei g o du ted i ad faith o i su h a e as
easo a l to a o , e a ass, o opp ess the depo e t o pa t , the
imprisonment; or
ou t i hi h the a tio is pe di g o the ‘TC of the pla e he e the
iv. That the party offering the deposition has depositio is ei g take a o de the offi e o du ti g the
been unable to procure the attendance of e a i atio to ease fo th ith f o taki g the depositio , o a li it
witnesses by subpoena; or the s ope a d a e of the taki g of the depositio , as p o ided i
v. When exceptional circumstances exists (sec.4) “e . , ‘ule . If the o de ade te i ates the e a i atio , it shall
e esu ed the eafte o l upo the o de of the ou t i hi h the
 Deposition need not be conducted through an oral a tio is pe di g. Upo de a d of the o je ti g pa t o depo e t,
the taki g of the depositio shall e suspe ded fo the ti e e essa
examination. May be conducted through written
to ake a oti e fo a o de . I g a ti g o efusi g su h o de , the
interrogatories which shall be served upon every other ou t a i pose upo eithe pa t o upo the it ess the
party. The pary may also serve cross-interrogatories upon e ui e e t to pa su h osts o e pe ses as the ou t a dee
the party proposing to take the deposition within 10 days easo a le Se . .
from service of the written interrogatories. The latter may, RULE 25 – INTERROGATORIES TO PARTIES
within 5 days serve re-direct interrogatories and within 3
days the other pary may serve re-cross interrogatories.
Purpose: availed of by a party to the action is for the purpose of

sec.25,rule 23
Copies of all interrogatories shall be delivered to the officer eliciting material and relevant facts from any adverse party.
before whom the deposition is taken and who shall take the
INTERROGATORIES TO PARTIES BILL OF PARTICULARS
responses and prepare the record. (sec.26,rule 23)
Designed to clarify ambiguities in Not directed to a particular
a pleading or to state with pleading
Perpetuation of testimony before action or pending appeal
sufficient definiteness in a
allegations in a pleading
1. The perpetuation of a testimony is done by filing a verified
Directed to a pleading They seek to disclose all material
petition in the place of the residence of any expected adverse and relevant facts from a party
party. This petition is filed by a person who desires to
perpetuate his own testimony or that of another regarding
any matter that may be cognizable in any court sec.1,rule24  Written interrogatories in a deposition are not served upon the
2. Notices shall be sent in accordance with Rules (sec.3). If the adverse party directly. They are instead delivered to the officer
court is satisfied that the perpetuation of the testimony may before whom the deposition is to be taken
prevent a failure or delay of justice, it shall make the  Interrogatories to parties are served directly upon the adverse
appropriate order for the taking of the deposition. (sec.4,rule24) party
3. The deposition taken under this Rule is admissible in
evidence in any action subsequently brought involving the Procedure:
same subject matter. (sec.6,R4)
1. The mode of discovery is availed of by filing and serving
4. A deposition for the perpetuation of testimony in a case
upon the adverse party written interrogatories to be
pending appeal may likewise be availed of under the same
rules as those followed in perpetuation of testimony pending answered by the party served. If the party is a juridical
action those prescribed for depositions pending action. entity, the written interrogatories shall be answered by any
of its officers competent to testify in its behalf
(sec.7,R24)
2. No party may, without leave of court, serve more than one
Commission Letters Rogatory set of interrogatories to be answered by the same party.

Reviewer in Civil Procedure

By: Duke Sucgang
 3. The interrogatories shall be answered fully in writing and
shall be signed and sworn to by the person making them.
The party upon whom the interrogatories have been served
shall file and serve a copy of the answers on the party
submitting the interrogatories within 15 days after service
thereof. This time may, upon motion, be extended or
shortened by the court
4. The party against whom it is directed may make objections
to the interrogatories. If he does so, said objections shall be
presented to the court within 10 days after service of
interrogatories. The filing of the objections shall have the
effect of deferring the filing and service of the answer to the
interrogatories
Effect of Failure to Serve Written Interrogatories
1. A party not served with written interrogatories may not be
compelled by the adverse party to give testimony in open
court, or to give deposition pending appeal, unless allowed
by the court or to prevent a failure of justice
2. The provision encourages the use of written interrogatories
and although a party is not compeeled to use this
discopvery procedure, the rule imposes sanctions for his
failure to serve written interrogatories by depriving him of
the privilege to call the adverse party as a witness or to give
a deposition pending appeal.
Co se ue es of efusal to a s e
If a pa t o othe depo e t efuses to a s e a uestio
upo o al e a i atio , the e a i atio a e o pleted o
othe atte s o adjou ed as the p opo e t of the uestio a To avoid unnecessary inconvenience to the parties in going through the
p efe . The p opo e t a the eafte appl to the p ope ou t of
the pla e he e the depositio is ei g take , fo a o de to
o pel a a s e . The sa e p o edu e a e a ailed of he a
pa t o a it ess efuses to a s e a i te ogato su itted
u de ‘ules o .
If the appli atio is g a ted, the ou t shall e ui e the efusi g
pa t o depo e t to a s e the uestio o i te ogato a d if it
also fi ds that the efusal to a s e as ithout su sta tial
justifi atio , it a e ui e the efusi g pa t o depo e t o the
ou sel ad isi g the efusal, o oth of the , to pa the
p opo e t the a ou t of the easo a le e pe ses i u ed i
o tai i g the o de , i ludi g atto e s fees.
If the appli atio is de ied a d the ou t fi ds that it as filed
ithout su sta tial justifi atio , the ou t a e ui e the
p opo e t o the ou sel ad isi g the fili g of the appli atio , o
oth of the , to pa to the efusi g pa t o depo e t the
a ou t of the easo a le e pe ses i u ed i opposi g the
appli atio , i ludi g atto e s fees Se . , Rule .
If a pa t o othe it ess efuses to e s o o efuses to
a s e a uestio afte ei g di e ted to do so the ou t of
the pla e i hi h the depositio is ei g take , the efusal a
e o side ed a o te pt of that ou t Se . , Rule . directed to file and serve upon the party requesting the admission
If a pa t o a offi e o a agi g age t of a pa t efuses
to o e a o de ade u de se tio of this ‘ule e ui i g hi
to a s e desig ated uestio s, o a o de u de ‘ule to
p odu e a do u e t o othe thi g fo i spe tio , op i g, o
photog aphi g o to pe it it to e do e, o to pe it e t upo
la d o othe p ope t , o a o de ade u de ‘ule e ui i g
hi to su it to a ph si al o e tal e a i atio , the ou t a
ake su h o de s i ega d to the efusal as a e just, a d a o g
othe s the follo i g:
a A o de that the atte s ega di g hi h the uestio s e e
asked, o the ha a te o des iptio of the thi g o la d, o the
o te ts of the pape , o the ph si al o e tal o ditio of the
pa t , o a othe desig ated fa ts shall e take to e
esta lished fo the pu poses of the a tio i a o da e ith the
lai of the pa t o tai i g the o de ;
A o de efusi g to allo the diso edie t pa t to suppo t o
oppose desig ated lai s o defe ses o p ohi iti g hi f o
i t odu i g i e ide e desig ated do u e ts o thi gs o ite s
of testi o , o f o i t odu i g e ide e of ph si al o e tal
o ditio ;
A o de st iki g out pleadi gs o pa ts the eof, o sta i g
fu the p o eedi gs u til the o de is o e ed, o dis issi g the
a tio o p o eedi g o a pa t the eof, o e de i g a judg e t
default agai st the diso edie t pa t ; a d
d I lieu of a of the fo egoi g o de s o i additio the eto, a
o de di e ti g the a est of a pa t o age t of a pa t fo
diso e i g a of su h o de s e ept a o de to su it to a
ph si al o e tal e a i atio Se . , Rule .
RULE 26 – ADMISSION BY ADVERSE PARTY
Purpose: to allow one party to request the adverse party in writing to
admit certain material and relevant matters which most likely to admit
certain material and relevant trial.
rigors of proof, before the trial, a party may request the other to:
1. To admit the genuineness of any material and relevant
document described in and exhibit with the request
2. Admit the truth of any material and relevant matter of fact
set forth in the request
Filing of written request for admission
A party, is advised to file and serve a written request for admission on
the adverse party of those material and relevant facts at issue which
are, or ought to be, within the personal knowledge of said party.
The party who fails to file and serve the request shall not be permitted
to present evidence on such facts, unless otherwise allowed by the court
for the good cause shown and to prevent a failure of justice. (sec. 5)
Filing and service of a sworn statement of admission or denial; effect
of failure to file and serve
1. It is advisable for the party to whom the written request is
a sworn statement either:
a. Specifically denying the matters of which admission is
requested

Reviewer in Civil Procedure

By: Duke Sucgang
 b. If he does not deny the same, to set forth in detail the
reasons why he cannot truthfully admit or deny those
matters.
This sworn statement shall be filed and served within the period
shall not be less than fifteen (15) days after service thereof, or
within such further time as the court may allow on motion.
2. If the party to whom the written request for admission does not
file the required sworn statement each of the matters of which an
admission is requested shall be deemed admitted
3. Any admission made by a party as a consequence of the failure to
comply with the request is only for the purpose of the pending
action and shall not be deemed an admission for any other
purpose. Likewise, the admission cannot be used against the
admitting party in any other proceeding.
Deferment of compliance
To avoid the implied admission, the party requested may have the
compliance of the filing and service of the sworn statement deferred.
This deferment may be effected by the filing with the court objections
to the request for admission. Compliance shall be deferred until such
objections are resolved by the court.
Withdrawal of admission
Admissions made under this mode of discovery are not final and
irrevocable. The court may allow the party making the admission to
withdraw or amend the admission upon such terms as may be just. To
effect the withdrawal, the admitting party should file a motion to be
relieved of the effects of his admission.
RULE 27 – PRODUCTION OR INSPECTION OF DOCUMENTS OR
THINGS
Upo otio of a pa t sho i g good ause the efo , the ou t
i hi h a a tio is pe di g a :
a O de a pa t to p odu e a d pe it the i spe tio a d
op i g o photog aphi g, o o ehalf of the o i g pa t , of a
desig ated do u e ts, pape s, ooks, a ou ts, lette s, photog aphs,
o je ts o ta gi le thi gs, ot p i ileged, hi h o stitute o o tai
e ide e ate ial to a atte i ol ed i the a tio a d hi h a e i
his possessio , ustod o o t ol; o
O de a pa t to pe it e t upo desig ated la d o othe
p ope t i his possessio o o t ol fo the pu pose of i spe ti g,
easu i g, su e i g, o photog aphi g the p ope t o a desig ated
ele a t o je t o ope atio the eo . The o de shall spe if the ti e,
pla e a d a e of aki g the i spe tio a d taki g opies a d
photog aphs, a d a p es i e su h te s a d o ditio s as a e just.

The do u e ts, pape s, ooks, a ou ts, lette s, photog aphs,
o je ts o ta gi le thi gs that a e p odu ed a d i spe ted
should ot e p ei ileged. The do u e ts ust ot e
p i ileged agai st dis losu e.
 O the g ou d of pu li poli , the ules p o idi g fo
p odu tio a d i spe tio of ooks a d pape s do ot
autho ize the p odu tio a d i spe tio of ooks a d pape s
do ot autho ize the p odu tio o i spe tio of p i ileged
Reviewer in Civil Procedure
By: Duke Sucgang
atte .
 Books a d pape s hi h a e o fide tial a d p i ileged
ha a te , ould ot e e ei ed i e ide e.
Re ui e e ts fo the p odu tio o i spe tio of do u e ts o
thi gs:
a A otio ust e filed a pa t sho i g good ause the efo ;
The otio ust suffi ie tl des i e the do u e t o thi g
sought to e p odu ed o i spe ted;
The otio ust e gi e to all the othe pa ties;
d The do u e t o thi g sought to e p odu ed o i spe ted ust
o stitute o o tai e ide e ate ial to the pe di g a tio ;
e The do u e t o thi g sought to e p odu ed o i spe ted ust
ot e p i ileged; a d
f The do u e t o thi g sought to e p odu ed o i spe ted ust
e i the possessio of the ad e se pa t o , at least u de his o t ol
Se . , Rule ; Li e Corp. vs. Mora , Phil.
 The o de shall spe if the ti e, pla e a d a e of aki g the
i spe tio a d taki g opies a d photog aphs, a d a p es i e
su h te s a d o ditio s as a e just.
RULE 28 – PHYSICAL AND MENTAL EXAMINATION OF PERSONS
This ode of dis o e applies to a a tio i hi h the e tal o
ph si al o ditio of a pa t is i o t o e s .
Re ui e e ts of ph si al a d e tal e a i atio of pe so s:
1. A a tio fo a ul e t of a o t a t he e the g ou d
elied upo is i sa it o de e tia
2. A petitio fo gua dia ship of a pe so alleged to e i sa e
3. A a tio to e o e da ages fo pe so al i ju he e the
issue is the e te t of the i ju ies of the plai tiff.
P o edu e:
1. The order for examination may be made only on motion for
good cause shown and upon notice to the party to be
examined and to all other parties, and shall specify the time,
place, manner, conditions and scope of the examination and
the person or persons by whom it is to be made.
2. If requested by the party examined, the party causing the
examination to be made shall deliver to him a copy of a
detailed written report of the examining physician setting out
his findings and conclusions. After such request and delivery,
the party causing the examination to be made shall be
entitled upon request to receive from the party examined a
like report of any examination, previously or thereafter
made, of the same mental or physical condition. If the party
examined refuses to deliver such report, the court on motion
and notice may make an order requiring delivery on such
terms as are just, and if a physician fails or refuses to make
such a report the court may exclude his testimony if offered
at the trial.
E a ples:
‘ules go e i g the ights of pa ties o the epo t of the e a i i g
ph si ia ega di g the ph si al o e tal o ditio of pa t e a i ed: su h atte s o the ge ui e ess of su h do u e t, easo a le
e pe ses i u ed i aki g su h p oof, i ludi g easo a le
a The pe so e a i ed shall, upo e uest, e e titled to a op of
atto e s fees Se . .
the detailed itte epo t of the e a i i g ph si ia setti g out his
fi di gs a d o lusio s;
Refusal to e s o
The pa t ausi g the e a i atio to e ade shall e e titled
A efusal of a pa t to e s o afte ei g di e ted the ou t a
upo e uest to e ei e f o the pa t e a i ed, a like epo t of a
e o side ed as o te pt of ou t
e a i atio p e iousl o the eafte ade, of the sa e ph si al o
Refusal to ad it
e tal o ditio ;
If a pa t efuses to ad it the ge ui e ess of a do u e t o the
If the pa t e a i ed efuses to deli e su h epo t, the ou t o t uth of a atte of fa t a d se es a s o de ial the eof a d if the
otio a d oti e a ake a o de e ui i g deli e ; othe pa t late o p o es the ge ui e ess of the do u e t o the
t uth of su h atte of fa t, the ou t upo p ope appli atio , a
d If a ph si ia fails o efuses to ake su h epo t, the ou t a o de the fo e to pa the easo a le e pe ses i aki g su h p oof,
e lude his testi o if offe ed at the t ial; i ludi g atto e s fees.
e The pa t e a i ed ho o tai s a epo ts of the e a i atio o
takes the depositio of the e a i e ai es a p i ilege he a
ha e i that a tio o a othe a tio i ol i g the sa e Failu e to atte d depositio s o to se e a s e s to i te ogato ies
o t o e s , ega di g the testi o of e e othe pe so ho has
1. The ou t a :
e a i ed o a the eafte e a i e hi i espe t of the sa e
e tal o ph si al e a i atio Se . 4 . – Waiver of privilege a. “t ike out all o a pa t of the pleadi g of that pa t , o
dis iss the a tio o p o eedi g o a pa t the eof
Rule 29 – REFUSAL TO COMPLY WITH THE MODES OF DISCOVERY b. E te a judg e t default agai st that pa t , a d i its
dis etio

The follo i g a e the o se ue es of a plai tiff’s efusal to ake c. O de hi to pa easo a le e pe ses i u ed the
dis o e : othe , i ludi g atto e s fees se .

a The e a i i g pa t a o plete the e a i atio o the othe
atte s o adjou to the sa e Se . ;
The eafte , o easo a le oti e to all pe so s affe ted the e ,
he a appl to the ou t of the p o i e he e the depositio is ei g
take fo a o de o pelli g a s e ;
If the ou t fi ds that the efusal as ithout su sta tial
justifi atio , it a o de the efusi g pa t o the atto e ad isi g
hi o oth of the to pa the e a i i g pa t the a ou t of
easo a le atto e s fees;
d The efusal to a s e a e o side ed as o te pt of ou t
Se . ;
2. The o se ue es u de “e . ill appl if a pa t efuses to
a s e the hole set of itte i te ogato ies, a d ot just
a pa ti ula uestio . Whe e the pa t upo ho the
itte i te ogato ies is se ed, efuses to a s e a
pa ti ula uestio i the set of itte i te ogato ies a d
despite a o de o pelli g hi to a s e the pa ti ula
uestio , still efuses to o e the o de , “e . , ‘ule ill
appl . )epeda s CHINABANK
3. While the odes of dis o e a e i te ded to attai the
esolutio of litigatio s ith g eat e pedie , the a e ot
o te plated, ho e e , to e ulti ate auses of i justi e.

Refusal to a s e desig ated o pa ti ula uestio s o efusal to

p odu e do u e ts o thi gs o to su it to ph si al o e tal
e a i atio
e The ou t a o de that the fa ts sought to e esta lished the
e a i i g pa t shall e take to e esta lished fo the pu pose of the
a tio i a o da e ith the lai of the pa t o tai i g the o de
Se . [a] ;
f The ou t a issue a o de efusi g to allo the diso edie t
pa t to suppo t o oppose desig ated lai s o defe ses o p ohi iti g
hi f o i t odu i g i e ide e desig ated do u e ts o thi gs o
ite s of testi o Se . [ ] ;
g The ou t a o de the st iki g out of pleadi gs o pa t the eof
Se . [ ] ;
h The ou t a sta fu the p o eedi gs u til the o de is o e ed;
i The ou t a dis iss the a tio o p o eedi g o a pa t
the eof, o e de judg e t default agai st the diso edie t pa t
Se . ;
j The ou t a o de the a est of a pa t ho efuses to ad it
the t uth of a atte of fa t o the ge ui e ess of a do u e t to
pa the pa t ho ade the e uest a d ho p o es the t uth of a

Reviewer in Civil Procedure

By: Duke Sucgang