General Principles in Remedial LAW: Civil Procedure 1 / A.Y. 2022-2023 2 Semester

Personal Notes of : JUDGE ANGIEBEL A.
DIVINAGRACIA-GO
Civil Procedure 1 / A.Y. 2022-2023 2 ND SEMESTER
GENERAL PRINCIPLES IN REMEDIAL

LAW
REMEDIAL LAW - branch of law which prescribes the method of
enforcing the rights or obtaining redress for their invasions (2006 Bar
Examination)
NATURE OF REMEDIAL LAW

- Procedural in character, does not vest or create substantive rights
and has the force and effect of a law.
MECHANICS OF DUE PROCESS AS PART OF REMEDIAL LAW
1. A court or tribunal clothed with judicial power to hear and determine

the matter before it;
2. Jurisdiction must be lawfully acquired over the person of the

defendant or over the property which is the subject of the proceeding
3. The defendant must be given an opportunity to be heard
4. Judgment must be rendered upon a lawful hearing (Consolidated

Bank and Trust Corp. vs. Court of Appeals, 193 SCRA 158)
DISTINCTION BETWEEN SUBSTANTIVE AND PROCEDURAL LAW
SUBSTANTIVE LAW PROCEDURAL LAW
a. Substantive law creates, Procedural law prescribes the

defines and regulates rights rules and forms of procedure in
the administration of justice
b. It cannot be waived. It can be waived or subject to
agreement of the parties
c. It is enacted by Congress It is promulgated by the Supreme
Court pursuant to its Rule Making
power
d. It may be given retroactive It shall be given prospective
application application
POWER TO PROMULGATE PROCEDURAL RULES

- Is solely lodged with the Supreme Court
MAY PROCEDURAL LAWS BE GIVEN RETROACTIVE APPLICATION?
- Yes, as long as it does not violate the rights of persons affected
and it is not constitutionally objectionable
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Personal Notes of : JUDGE ANGIEBEL A. DIVINAGRACIA-GO
TO WHOM JUDICIAL POWER IS VESTED?

- Vested in one Supreme Court and in such lower courts as may be
established by law (Section 5, Art. VIII, par 1 of the 1987
Constitution)
WHAT ARE THE DIFFERENT COURTS IN THE PHILS EXERCISING

JUDICIAL POWER
a. Constitional Court - court which is established by the

Constitution
1. Supreme Court
b. Statutory Courts - courts which are established by law
1. Court of Appeals
2. Sandiganbayan
3. Court of Tax Appeals
4. Shari’ah Appellate Court
5. Regional Trial Court
6. Family Court
7. Shari’ah District Court
8. MTC/MetCTC/MCTC
9. Shari’ah Circuit Court
JURISDICTION
- is defined as the power of the court to hear and decide cases and
to execute the judgment thereon.
TO WHOM JURISDICTION IS LODGED?

- Jurisdiction is vested in court and not in the judge
HOW TO DETERMINE JURISDICTION

- Determinative of which regular court had jurisdiction would be the
allegations of the complaint (on the assessed value of the
property) and the principal relief thereby sought. (Petronilo J.
Barayuga vs. Adventist University of the Philippines, GR No.
168008, August 17, 2011)
CLASSIFICATIONS OF JURISDICTION
1. General
2. Special or Limited
3. Original
4. Exclusive
5. Exclusive Original
6. Appellate
7. Concurrent
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8. Delegated
9. Territorial
1. GENERAL JURISDICTION
- The power of the court to adjudicate all controversies EXCEPT
those expressly withheld from the plenary powers of the court. It
extends to all controversies which may be brought before a court
within the legal bounds of rights and remedies.
REGIONAL TRIAL COURT is a court of GENERAL JURISDICTION

because all cases, the jurisdiction of which is not specifically provided
by law to be within the jurisdiction of the RTC. (Durisol Philippines,
Inc. versus Court of Appeals, 377 SCRA 353)
CAN THE RTC DESIGNATED AS A SPECIAL COMMERCIAL COURT

EXERCISE GENERAL JURISDICTION?
- The matter of whether the RTC resolves an issue in the exercise

of its general jurisdiction or of its limited jurisdiction as a special
court is only a matter of procedure and has nothing to do with the
question of jurisdiction.
- SPECIAL COMMERCIAL COURTS are still considered courts of
GENERAL JURISDICTION
2. SPECIAL OR LIMITED JURISDICTION

- One which restricts the court’s jurisdiction only to particular cases
and subject to such limitations as may be provided by the
governing law. It is confined to particular causes, or which can be
exercised only under the limitations and circumstances prescribed
by the statute.
COURTS OF SPECIAL JURISDICTION
1. Sandiganbayan
3. Shari’ah District Court
5. Family Courts
7. Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit
Trial Court
EXAMPLE :
1. RTC acting as a Family Court can entertain cases over marriage

or marital relations cases
2. RTC acting as a Special Commercial Courts can entertain cases
over violation of the Intellectual Property Code
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3. ORIGINAL JURISDICTION
- The power of the court to take judicial cognizance of a case

instituted for judicial action for the first time under the conditions
provided by law
COURTS WHICH CAN EXERCISE ORIGINAL JURISDICTION
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
5. Shari’ah District Court/Circuit Court
Trial Court
4. EXCLUSIVE JURISDICTION
- It is the power or authority of the court to hear and determine
cases to the exclusion of all other courts
5. EXCLUSIVE ORIGINAL JURISDICTION

- The power of the court to take judicial cognizance of a case
instituted for judicial action for the first time under the conditions
provided by law and to the exclusion of all other courts
COURTS WHICH HAVE EXCLUSIVE ORIGINAL JURISDICTION
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
Trial Court
6. APPELLATE JURISDICTION
- The power and authority conferred upon a superior court to rehear
and determine causes which have been tried in lower courts, the
cognizance which a superior court takes of a case removed to it,
by appeal or writ of error, from the decision of a lower court, or the
review by a superior court of the final judgment or order of some
lower courts.
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COURTS WHICH HAVE APPELLATE JURISDICTION
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
5. Shari’ah Appellate Courts
7. DELEGATED JURISDICTION
- The grant of authority to inferior courts to hear and determine
cadastral and land registration cases under certain conditions
COURTS EXERCISING DELEGATED JURISDICTION
1. Metropolitan Trial Courts

2. Municipal Trial Courts
3. Municipal Circuit Trial Courts
8. TERRITORIAL JURISDICTION
- It is the power and authority to exercise its power within its
territorial region.
EXAMPLE : The RTC exercises its power within its judicial region.
9. CONCURRENT/COORDINATE/CONFLUENT JURISDICTION
- It is the power conferred upon different courts, whether of the
same or different ranks, to take cognizance at the same stage of
the same case in the same or different judicial territories.
DOCTRINES AND PRINCIPLES ON JURISDICTION
1. RESIDUAL POWER OR JURISDICTION OF THE COURT

- Prior to the transmittal of the original records of the case to the CA,
the RTC may issue orders for the protection and preservation of
the rights of the prevailing party
- SECTION 9, RULE 41 OF THE RULES explains that the court of

origin loses its jurisdiction over the case only upon the perfection
of the appeal filed in due time by the appellant and the expiration
of the time to appeal of the other parties. Withal, prior to the
transmittal of the original records of the case to the CA, the RTC
may issue orders for the protection and preservation of the rights
of the prevailing party, as in this case, the issuance of the writ of
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execution because the respondent’s appeal was not perfected.

(Agustus Gonzales and Spouses Nestor Victor and Maria
Lourdes Rodriguez vs. Quirico Pe, GR No. 167398, August 9,
2011)
2. DOCTRINE OF PRIMARY JURISDICTION

- Court must refrain from determining a controversy involving a
question which is within the jurisdiction of the administrative
tribunal, where the question demands the exercise of sound
administrative discretion requiring the special knowledge,
experience and services of the administrative tribunal on technical
and intricate matters of fact.
Acts and decision of the court is NULL AND VOID if it is in violation

of the Doctrine of Primary Jurisdiction.
3. DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF

JUDICIAL STABILITY
- No court can interfere by injunction with the judgment or orders of
another court of concurrent jurisdiction having the power to grant
the relief sought by injunction.
4. DOCTRINE OF HIERARCHY OF COURT (2017 Bar Exams)

- A direct resort to a higher court will not be allowed, unless the
remedy is first availed of at the lower court, except in case of
special and compelling reasons
5. LACHES
- Failure or neglect, for an unreasonable and unexplained length of
time, to do that which, by exercising due diligence, could or should
have been done earlier
- It is negligence or omission to assert a right within a reasonable

time, warranting the presumption that the party entitled to assert it
either has abandoned or declined to assert it.
DOCTRINE OF ESTOPPEL BY LACHES OR EQUITABLE

ESTOPPEL
- The active participation of the party against whom the action was
brought, coupled with his failure to object to the jurisdiction of the
court or administrative body where the action is pending , is
tantamount to an invocation of that jurisdiction
6. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

- The thrust of the rule is that courts must allow administrative
agencies to carry out their functions and discharge their
responsibilities within the specialized areas of their respective
competence.
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PAYMENT OF FILING OR DOCKET FEES IS JURISDICTIONAL
- It is not simply the filing of the compliant that vests the court with
jurisdiction over the action filed but also by the payment of the
prescribed docket fee.
- The Supreme Court in several cases, has held that a court
acquires jurisdiction over the case ONLY upon payment of the said
fees (NESTLE PHILS, INC VERSUS FY SONS, INC., GR NO.
150789, MAY 5, 2006)
HOWEVER, that ruling was RELAXED in SUN INSURANCE VS.

COURT OF APPEALS (149 SCRA 562), when the Court made a
liberal interpretation of the rule by ALLOWING A LATE PAYMENT
OF THE DOCKET FEE as long as it should be made beyond the
action’s prescriptive period.
- That any unpaid fees, should be considered a LIEN on the

judgment. In this case, there is no evidence that the plaintiff tried
to evade the payment of the docket fees.
- While the timely payment of docket fees is jurisdictional,

considerations of equity also come into the picture. (Yuchengco
vs. Republic, 333 SCRA 368)
MANNER OF ACQUIRING JURISDCITION BY THE COURT
- In order for the a judgment to be valid, it must be rendered by a

court having jurisdiction over the following :
1. Over the subject matter of the action

2. Over the parties
3. Over the issues
4. Over the case
5. Over the res or thing
1. JURISDICTION OVER THE SUBJECT MATTER
- The Court wrote in Allied Domecq Philippines, Inc. versus

Villon :
- Jurisdiction over the subject matter is the power to hear and

determine the general class to which the proceedings in question
belong.
- It is conferred by law and not by the consent or acquiescence of

any or all of the parties or by erroneous belief of the court that it
exists.
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- Basic is the rule that jurisdiction over the subject matter is

determined by the cause or causes of action as alleged in the
complaint. (Danilo S. Ursua vs. Republic of the Philippines,
GR No. 178193, January 24, 2012)
HOW CAN THE COURT ACQUIRE JURISDICTION OVER THE

SUBJECT MATTER OF THE CASE (Bar Examination 2015)
- It is axiomatic that the nature of an action and whether the tribunal

has jurisdiction over such action are to be determined from the :
1. Material allegations of the complaint

2. Law in force at the time the complaint is filed
3. Character of the relief sought irrespective of whether the
plaintiff is entitled to all or some of the claims averred
- Jurisdiction is not affected by the pleas or the theories set up by

the defendant in the answer to the complaint or a motion to
dismiss the same
(Republic of the Philippines, rep by the Regional Executive
Director of the DENR, Regional Office No. 3 versus Roman
Catholic Archbishop of Manila/Samahang Kabuhayan ng San
Lorenzo KKK, Inc., rep. by its Vice President Turla vs. Roman
Catholic Archbishop of Manila, GR No. 192975 / GR No.
192994, November 12, 2012)
CAN THE DEFENSES IN THE ANSWER BE CONSIDERED TO

DETERMINE JURISDICTION OVER THE SUBJECT MATTER?
- The jurisdiction of the court cannot be made to depend upon the

defenses set up in the answer or upon the motion to dismiss, for
otherwise, the question of jurisdiction would almost entirely
depend upon the defendant.
- What determines the jurisdiction of the court is the nature of the

action pleaded as appearing from the allegations in the complaint.
The averments in the complaint and the character of the relief
sought are the matters to be consulted. (Fe V. Rapsing, Tita C.
Villanueva and Annie F. Aparejado, represented by Edgar
Aparejado vs. Hon. Judge Maximino R. Ables of RTC Branch
47, Masbate; SSGT. Edison Rural, et. al., GR No. 171855,
October 15, 2012)
2. JURISDICTION OVER THE PARTIES
A. OVER THE PLAINTIFF/PETITIONER
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- By the filing of the complaint, petition or initiatory pleading before

the court by the plaintiff or petitioner and the payment of the
docket and other lawful fees.
B. OVER THE PERSON OF THE DEFENDANT/RESPONDENT
1. By the voluntary appearance or submission by the defendant or

respondent to the court
2. By a coercive process issued by the court to him generally by a
valid service of summons.
RAPID CITY REALTY AND DEVELOPMENT CORPORATION VS.

ORLANDO VILLA AND LOURDES PAEZ VILLA, GR NO. 184197,
FEBRUARY 11, 2010
- One who seeks an affirmative relief is deemed to have submitted

to the jurisdiction of the court.
The following are considered as voluntary submission to the

court’s jurisdiction :
1. Filing of motions to admit answer

2. For additional time to file answer
3. For reconsideration of a default judgment
4. Lift order of default with motion for reconsideration
This however is tempered by the concept CONDITIONAL

APPEARANCE, such that a party who makes a special appearance
to challenge the court’s jurisdiction over his person CANNOT be
considered to have submitted to its authority.
3. JURISDICTION OVER THE ISSUE OF THE CASE
- This is determined and conferred :
a. by the pleadings filed in the case by the parties

b. by their agreement in a pre-trial order or stipulation
c. by their implied consent as by the failure of a party to object to
evidence on an issue not covered by the pleadings
BUCE VS. COURT OF APPEALS, 332 SCRA 151
- This jurisdiction means that the court must only pass upon issues
raised by the pleadings of the parties.
- Hence, if the issue raised by the parties is possession, the court
has no jurisdiction to pass upon the issue of ownership because it
is not an issue in the case.
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- Conversely, if the issue in the case is ownership and no issue of

possession is found in the pleadings of the parties, the court has
no authority to adjudicate on the possession of the property. Thus,
it is not correct for the court to order the lessee to vacate the
premises where the lessor did not include in his pleadings a claim
for restoration of possession
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4. JURISDICTION OVER THE CASE

- Is acquired by the court by the act of the plaintiff in filing the
complaint before the said court
DISTINCTION BETWEEN JURISDICTION OVER THE SUBJECT

MATTER VS. JURISDICTION OVER THE CASE
- Jurisdiction over the SM is conferred by law while jurisdiction over
the case is invested by the act of plaintiff and attaches upon the
filing of the complaint or information.
5. JURISDICTION OVER THE RES

- By the actual or constructive seizure by the court of the thing in
question, thus placing it in custodial egis, as in attachment or
garnishment
JURISDICTION OF VARIOUS COURTS
A. ORIGINAL JURISDICTION
1. SUPREME COURT
According to the 1987 Constitution, Article VIII, Section 5, the Supreme

Court exercises the following powers:
1. Exercise ORIGINAL jurisdiction over cases affecting

ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
ALSO :
a. Petitions for Writ of Amparo

b. Petitions for Habeas Data
c. Petition writ of continuing mandamus
d. Petitions for Writ of Kalikasan
2. COURT OF APPEALS
- Primarily designed as an appellate court that reviews the

determination of facts and law made by the trial courts
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- Collegiate in nature. This nature ensures standpoints in the review

of the actions of the trial court.
- Also has original jurisdiction over most special civil actions
SECTION 9 OF BP 129 (JUDICIARY REORGANIZATION ACT OF 1980)
Section 9. Jurisdiction. – The Court of Appeals shall Exercise:
1. Original jurisdiction to issue writs

of mandamus, prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether or not in aid of
its appellate jurisdiction
ALSO :
a. Petition for Writ of Amparo

b. Petition for Habeas data
c. Petition for Writ of Continuing Mandamus
d. Petition for Writ of Kalikasan
e. Petition for freeze order on any monetary instrument, property, or
proceeds relating to or involving any unlawful activity as defined
under Sec 3(j) of RA 9160 as amended by RA 9194
3. REGIONAL TRIAL COURT
Section 21. Original jurisdiction in other cases. – Regional Trial

Courts shall exercise original jurisdiction:
(1) In the issuance of writs of certiorari, prohibition, mandamus, quo

warranto, habeas corpus and injunction which may be enforced in
any part of their respective regions; and
(2) In actions affecting ambassadors and other public ministers and

consuls.
ALSO :
a. Actions for Annulment of judgment of the MTC

b. Petition for Writ of Amparo
c. Petition for Habeas data
d. Petition for Writ of Continuing Mandamus
B. EXCLUSIVE JURISDICTION
- The power to adjudicate a case or proceeding to the exclusion of
all other courts at that stage.
C. EXCLUSIVE ORIGINAL JURISDICTION
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1. SUPREME COURT
- has exclusive original jurisdiction over petition for certiorari,

prohibition and mandamus against judgment, final order and
resolutions of the following
a. Court of Appeals
b. Sandiganbayan
c. Court of Tax Appeals
d. Commission on Elections
e. Commission on Audit
f. Civil Service Commission
g. Ombudsman in criminal cases
2. COURT OF APPEALS
Section 9. Jurisdiction. – The Court of Appeals shall Exercise:
2. Exclusive original jurisdiction over actions for annulment of

judgements of Regional Trial Courts; and
ALSO :
- The Court of Appeals shall also exercise exclusive original
jurisdiction over petition for certiorari, prohibition and mandamus
against:
a. Decisions, final orders and resolution of the RTC

b. Decisions, final orders and resolution of the NLRC
c. Decisions, final orders of the Secretary of Labor and Employment
in the exercise of its appellate jurisdiction over decisions, final
orders of some offices
3. SANDIGANBAYAN
- Is a special court of the same level as the Court of Appeals
4. COURT OF TAX APPEALS
SECTION 7, PARAGRAPH (C) OF RA 9282
"c. Jurisdiction over tax collection cases as herein provided:
"1. Exclusive original jurisdiction in tax collection cases involving final

and executory assessments for taxes, fees, charges and penalties:
Provided, however, That collection cases where the principal amount
of taxes and fees, exclusive of charges and penalties, claimed is less
than One million pesos (P1,000,000.00) shall be tried by the proper
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Municipal Trial Court, Metropolitan Trial Court and Regional Trial

Court.
5. REGIONAL TRIAL COURT

as amended by RA 7691
Section 19. Jurisdiction in civil cases. – Regional Trial Courts shall

exercise exclusive original jurisdiction:
(1) In all civil actions in which the subject of the litigation is incapable
of pecuniary estimation;
HOW TO DETERMINE WHETHER THE SUBJECT MATTER IS

INCAPABLE OF PECUNIARY ESTIMATION
- The Court has adopted the criterion of first ascertaining the nature
of the principal action or remedy sought.
- If it is primarily for the recovery of a sum of money, the claim is

considered capable of pecuniary estimation and whether jurisdiction is in
the municipal courts or in the RTC would depend on the amount of the
claim
- However where the basic issue is something other than the right to
recover a sum of money, where the money claim is purely incidental to or a
consequence of the principal relief sought, this Court has considered such
actions as cases where the subject of the litigation may not be estimated in
terms of money, and are now cognizable by the RTC.
- Well-entrenched is the rule that jurisdiction over the subject matter

of a case is conferred by law and is determined by the allegations in the
complaint and the character of the relief sought, irrespective of whether the
party is entitled to all or some of the claims asserted. (Heirs of Juanita
Padilla vs. Dominador Magdua, GR No. 176858, September 15, 2010)
EXAMPLE :
1. Action for Revival of Judgment
- As an action to revive raises issues of whether the petitioner has

a right to have the final and executory judgment revived and to
have the judgment enforced and does not involve recovery of a
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sum of money (Douglas F. Anama vs. CITIBANK, GR No.

192048, December 2017)
- However, cases solely for the revival of judgment of any MeTC,

MTCC. MTC, MCTC falls under the 1st level Court pursuant to the
Rules on Expedited Procedures in the First Level Courts
2. An action for specific performance
- An action for specific performance such as the suit to enforce

the Agreement on joint child custody, belong to this species of
action.
3. Complaint for Nullity of Corporation’s Board Resolution
4. Action for declatory relief
5. Action for reformation of instrument
6. Petition for consolidation of ownership
7. Action for support
8. Complaint for expropriation
(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value of the
property involved exceeds Twenty thousand pesos (P20,000.00) or
for civil actions in Metro Manila, where such the value exceeds Fifty
thousand pesos (50,000.00) except actions for forcible entry into and
unlawful detainer of lands or buildings, original jurisdiction over which
is conferred upon Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts;
[ REPUBLIC ACT NO. 11576, July 30, 2021 ]
AN ACT FURTHER EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL

COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, AND
MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS
PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION
ACT OF 1980,” AS AMENDED
“(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value exceeds
Four hundred thousand pesos (P400,000.00), except for forcible
entry into and unlawful detainer of lands or buildings, original
jurisdiction over which is conferred upon the Metropolitan Trial
Courts, and Municipal Trial Courts in Cities, Municipal Trial Courts,
and Municipal Circuit Trial Courts;
EFFECT IF THE ASSESSED VALUE OF THE PROPERTY IS NOT

ALLEGED IN THE COMPLAINT
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HEIRS OF LATE SPS. RAMIRO VS. SPS. BACARON, GR. NO.

196874, FEBRUARY 6, 2019
- It is clear from their amended complaint that while respondents

claim that their amended complaint before the RTC is denominated as one
for the declaration of validity of the Deed of Sale and for specific
performance , the averments in their amended complaint and the character
of the reliefs sought therein reveal that the action primarily involves title to
or possession of real property.
- An action involving title to real property means that the plaintiff’s

cause of action is based on a claim that he owns such property or that he
has the legal rights to have exclusive control, possession, enjoyment or
disposition of the same.
- Absent any allegation in the complaint of the assessed value of the

property, it cannot be determined which between the RTC or the MTC had
original and exclusive jurisdiction over the respondent’s action.
(3) In all actions in admiralty and maritime jurisdiction where he

demand or claim exceeds One hundred thousand pesos
(P100,000.00) or , in Metro Manila, where such demand or claim
exceeds Two hundred thousand pesos (200,000.00);
“(3) In all actions in admiralty and maritime jurisdiction where the

demand or claims exceeds Two million pesos (P2,000,000.00);
(4) In all matters of probate, both testate and intestate, where the
gross value of the estate exceeds One hundred thousand pesos
(P100,000.00) or, in probate matters in Metro Manila, where such
gross value exceeds Two hundred thousand pesos (200,000.00);
“(4) In all matters of probate, both estate and intestate, where the
gross value of the estate exceeds Two million pesos (P2,000,000.00)’
(5) In all actions involving the contract of marriage and marital

relations;
(6) In all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising jurisdiction or any court, tribunal,
person or body exercising judicial or quasi-judicial functions;
(7) In all civil actions and special proceedings falling within the
exclusive original jurisdiction of a Juvenile and Domestic Relations
Court and of the Courts of Agrarian Relations as now provided by
law; and
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(8) In all other cases in which the demand, exclusive of interest,

damages of whatever kind, attorney's fees, litigation expenses, and
costs or the value of the property in controversy exceeds One
hundred thousand pesos (100,000.00) or, in such other
abovementioned items exceeds Two hundred thousand pesos
(200,000.00). (as amended by R.A. No. 7691*)
“(8) In all other cases in which the demand, exclusive of interest,

damages of whatever kind, attorney’s fees, litigation expenses and
costs or the value of the property in controversy exceeds Two million
pesos (P2,000,000.00).” [ REPUBLIC ACT NO. 11576, July 30, 2021 ]
HOW TO DETERMINE JURISDICTION IN AN ACTION FOR DAMAGES?
IRENE SANTE AND REYNALDO SANTE VS. HON. EDILBERTO T.

CLARAVALL, in his capacity as PJ of Branch 60, RTC of Baguio
City and Vita N. Kalashian, GR no. 173915, February 22, 2010
- In Mendoza vs. Soriano, it was held that in cases where the claim
for damages is the main cause of action, or one of the causes of
action, the amount of such claim shall be considered in
determining the jurisdiction of the court.
- The TOTAL AMOUNT of monetary claims including the claims for
damages was the basis to determine the jurisdictional amount.
OTHER CASES FALLING UNDER THE EXCLUSIVE ORIGINAL

JURISDICTION OF THE RTC
1. CASES UNDER SECURITIES AND REGULATION CODE
2. Cases under the Special Rules on Alternative Dispute

Resolution (AM No. 07-1-08-SC)
3. Cases under the RTC Acting as Family Court (Bar

Examination 2015)
4. Determination of Just Compensation in Agrarian cases
LANDBANK OF THE PHILS. VS. CORAZON M. VILLEGAS, GR

NO. 180384, MARCH 26, 2010)
- A BRANCH OF AN RTC designated as a Special Agrarian Court

for a province has the original and exclusive jurisdiction over all
petitions for the determination of just compensation in that
province.
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- In Republic vs. Court of Appeals, the SC ruled that Special

Agrarian Courts have original and exclusive jurisdiction over two
categories of cases :
a. All petitions for the determination of just compensation to

landowners
b. The prosecution of all criminal offenses under RA 6657
6. METROPOLITAN TRIAL COURT/MUNICIPAL/CIRCUIT TRIAL

COURT (BAR EXAMS 2017 and 2010)
A. IN ORDINARY CIVIL ACTION CASES

as amended by RA 7691
"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial

Courts and Municipal Circuit Trial Courts in Civil Cases. –
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts shall exercise:
"(1) Exclusive original jurisdiction over civil actions and probate

proceedings, testate and intestate, including the grant of
provisional remedies in proper cases, where the value of the
personal property, estate, or amount of the demand does not
exceed One hundred thousand pesos (P100,000.00) or, in
Metro Manila where such personal property, estate, or amount
of the demand does not exceed Two hundred thousand pesos
(P200,000.00), exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs, the amount of
which must be specifically alleged: Provided, That interest,
damages of whatever kind, attorney's fees, litigation expenses,
and costs shall be included in the determination of the filing
fees: Provided, further, That where there are several claims or
causes of actions 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 the causes of action,
irrespective of whether the causes of action arose out of the
same or different transactions;
“(1) Exclusive original jurisdiction over civil actions and probate

proceedings, testate and intestate, including the grant of provisional
remedies in proper cases, where the value of the personal property,
estate, or amount of the demand does not exceed Two million pesos
(P2,000,000.00), exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs, the amount of which
must be specifically alleged: Provided, That interest, damages of
whatever kind, attorney’s fees, litigation expenses, and costs shall be
included in the determination of the filing fees: Provided, further, That
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where there are several claims or causes of actions between the

same or different parties, embodied in the same complaint, the
amount of the demand shall be totality of the claims in all the causes
of action, irrespective of whether the causes of action arose out of the
same or different transactions;
"(2) Exclusive original jurisdiction over cases of forcible entry

and unlawful detainer: Provided, That when, in such cases, the
defendant raises the questions of ownership in his pleadings
and the question of possession cannot be resolved without
deciding the issue of ownership, the issue of ownership shall be
resolved only to determine the issue of possession; and
"(3) Exclusive original jurisdiction in all civil actions which

involve title to, or possession of, real property, or any interest
therein where the assessed value of the property or interest
therein does not exceed Twenty thousand pesos (P20,000.00)
or, in civil actions in Metro Manila, where such assessed value
does not exceed Fifty thousand pesos (P50,000.00) exclusive
of interest, damages of whatever kind, attorney's fees, litigation
expenses and costs: Provided, That in cases of land not
declared for taxation purposes, the value of such property shall
be determined by the assessed value of the adjacent lots."
“(3) Exclusive original jurisdiction in all civil actions which involve title
to, or possession of, real property, or any interest therein where the
assessed value of the property or any interest therein does not
exceed Four hundred thousand pesos (P400,000.00) exclusive on
interest, damages of whatever kind, attorney’s fees, litigation
expenses and costs: Provided, That in cases of land not declared for
taxation purposes, the value of such property shall be determined by
the assessed value of the adjacent lots.
EXAMPLES ARE :
1. Recovery of ownership of land

2. Reconveyance of real property, removal of cloud in a title of
property , cancellation of title of real property
- Shall fall within the jurisdiction of the MTC or the RTC depending
upon the assessed value of the land involved.
3. Accion Publiciana (Bar Examination 2010)
- Depends upon the assessed value of the land involved.

- The case will not be covered by a summary proceeding because it
is no longer a case of unlawful detainer or forcible entry
4. Accion Reinvindicatoria
18
- Depends upon the assessed value of the land involved (Hilario

vs. Salvador, 457 SCRA 815)
- This action like Accion Publiciana is NO longer the exclusive
domain of the RTC
5. Action for Quieting of title or removal of clouds
- Under the former law, these cases were under the jurisdiction of
the RTC and is also considered as actions incapable of pecuniary
estimation.
“(4) Exclusive original jurisdiction in admiralty and maritime actions

where the demand or claim does not exceed Two million pesos
(P2,000,000.00).”
B. CASES UNDER THE RULES ON SUMMARY PROCEDURE
A.M. No. 08-8-7-SC March 1, 2022

RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS
A. CIVIL CASES (1) Summary Procedure Cases, as follows:
(a) Forcible entry and unlawful detainer cases, regardless of the

amount of damages or unpaid rentals sought to be recovered. vvhere
attorney's fees are awarded, the same shall not exceed One Hundred
Thousand Pesos (Pl00,000.00).
(b) All civil actions, except probate proceedings, admiralty and

maritime actions, and small claims cases falling under Rule IV hereof,
where the total amount of the plaintiff's claim does not exceed Two
Million Pesos (r2,000,000.00), exclusive of interest damages of
whatever kind, attorney's fees, litigation expenses and costs .
(c) Complaints for damages where the claim does not exceed Two
Million Pesos (P2,000,000.00), exclusive of interest and costs.
(d) Cases for enforcement of barnngay amicable settlement

agreements and arbitration awards where the money claim exceeds
One Million Pesos (P1,000,000.OO), provided that no execution has
been enforced by the barnngmr within six (6) months from the date of
the settlement or date of receipt of the award or from the date the
obligation stipulated or adjudged in the arbitration award becomes
due and demandable, pursuant to Section 417, Chapter VII of
Republic Act No. 7160, otherwise known as The Local Government
Code of 1991 .
(e) Cases solely for the revival of judgment of any Meh'opolitan Trial
Court, Municipal Trial Court in Cities, Municipal Trial Court, and
19
Municipal Circuit Trial Court, pursuant to Rule 39, Section 6 of the

Rules of Court.
(f) The civil aspect of a violation of Batas Pambansa BIg. 22 (the

Bouncing Checks Law), if no criminal action has been instituted
therefor. Should a criminal action be later instituted for the same
violation, the civil aspect shall be consolidated. with the criminal
action and shall be tried and decided jointly under the Rule on
Summary Procedure.
All other cases not included herein shall be governed by the regular
rules of procedure.
C. SMALL CLAIMS CASES
(2) Small Claims Cases, as defined hereunder, where the claim does not
exceed One Million Pesos (P1,OOO,OOO.OO) exclusive of interest and
costs.
A "small clailn" is an action that is purely civil in nature where the claim
or relief raised by the plaintiff is solely for the payment or reimbursement
of a sum of luoney. It excludes actions seeking other claims or reliefs
aside from payment or reimbursement of a sum of money and those
coupled with provisional remedies.
The claim or demand may be:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan and other credit accommodations;
3. Contract of Services; or
4. Contract of Sale of personal property, excluding the recovery of the
personal property, unless it is made the subject of a compromise
agreement between the parties.
(b) The enforcement of barangay muicable settlement agreements and

arbitration awards, where the money claim does not exceed One Million
Pesos (P-LOOO,OOO.OO), provided that no execution has been
enforced by the barangay within six (6) months from the date of the
settlement or date of receipt of the award or from the date the obligation
stipulated or adjudged in the arbitration award becomes due and
demandable, pursuant to Section 417, Chapter VII of Republic Act No.
7160, otherwise known as The Local Government Code of 1991.
D. SPECIAL JURISDICTION
20
COURTS CONFERRED WITH SPECIAL JURISDICTION
SECTION 23, BP 129 , as amended confers special jurisdiction

to the RTC
Section 23. Special jurisdiction to try special cases. – The

Supreme Court may designate certain branches of the Regional
Trial Courts to handle exclusively criminal cases, juvenile and
domestic relations cases, agrarian cases, urban land reform cases
which do not fall under the jurisdiction of quasi-judicial bodies and
agencies, and/or such other special cases as the Supreme Court
may determine in the interest of a speedy and efficient
administration of justice.
2. Metropolitan/Municipal Trial Courts
SECTION 35, BP 129 , as amended confers special jurisdiction

to the RTC
Section 35. Special jurisdiction in certain cases. – In the absence

of all the Regional Trial Judges in a province or city, any
Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit
Trial Judge may hear and decide petitions for a writ of habeas
corpus or applications for bail in criminal cases in the province or
city where the absent Regional Trial Judges sit.
E. DELEGATED JURISDICTION
1. Metropolitan/Municipal Trial Courts
SECTION 34, BP 129 , as amended confers delegated jurisdiction

to the MTC
Section 34. Delegated jurisdiction in cadastral and land registration

cases. – Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts may be assigned by the Supreme Court
to hear and determine cadastral or land registration cases covering
lots where there is no controversy or opposition, or contested lots the
where the value of which does not exceed One hundred thousand
pesos (P100,000.00), such value to be ascertained by the affidavit of
the claimant or by agreement of the respective claimants if there are
more than one, or from the corresponding tax declaration of the real
property. Their decisions in these cases shall be appealable in the
same manner as decisions of the Regional Trial Courts. (as amended
by R.A. No. 7691)
F. APPELLATE JURISDICTION
21
1. SUPREME COURT
SECTION 5, ARTICLE VIII, PAR (2) OF THE 1987 CONSTITUTION

provides for the power of the Supreme Court to review cases decided by
the lower courts.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari,

as the law or the Rules of Court may provide, final judgments and
orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question.
(b) All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion

perpetua or higher.
(e) All cases in which only an error or question of law is involved.
PROCEEDINGS OR REMEDIES BEFORE THE

COMMENCEMENT OF A CIVIL ACTION
PROCEEDINGS OR REMEDIES AVAILABLE BEFORE THE FILING OF

A COMPLAINT TO THE COURT
1. Referral of the case to the barangay for conciliation and mediation

2. Affidavit of Adverse Claim
3. Voluntary Arbitration or Alternative Dispute Resolution
4. DNA Evidence/Testing
BARANGAY LAW (RA 7160)

RULE ON REFERRAL OF THE CASE TO THE LUPON (Bar Exam 2016)
SECTION 412. Conciliation. – (a) Pre-condition to Filing of Complaint

in Court. – No complaint, petition, action, or proceeding involving any
matter within the authority of the lupon shall be filed or instituted
directly in court or any other government office for adjudication,
unless there has been a confrontation between the parties before the
lupon chairman or the pangkat, and that no conciliation or settlement
22
has been reached as certified by the lupon secretary or pangkat

secretary as attested to by the lupon or pangkat chairman or unless
the settlement has been repudiated by the parties thereto.
A.M. No. 19-10-20-SC 2019
PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE
RULE 1
GENERAL PROVISIONS
Section 1. Title of the Rules. - These Rules shall be known and cited as the Rules of
Court. (1)
NATURE OF THE RULES OF COURT
- The rules embodied in the Rules of Court are NOT laws since they did not
emanate from the legislature but since they were promulgated under the
authority of law, such rules have the force and effect of laws.
Section 2. In what courts applicable. - These Rules shall apply in all the courts, except
as otherwise provided by the Supreme Court. (2)
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
6. Family Court
7. MTC/Metropolitan Circuit Trial Court/MCTC
EXCEPTION : When the Supreme Court otherwise provides
ACTION VS. CAUSE OF ACTION VS. RIGHT OF ACTION
ACTION CAUSE OF ACTION RIGHT OF ACTION
23
It is a suit filed in court for The delict or wrongful act The remedial right or right
the protection and or omission committed by to relief granted by law to a
enforcement of a right and the defendant in violation party to institute an action
the prevention and redress of the primary rights of the against a person who has
of a wrong plaintiff committed a delict or
wrong against him.
In civil actions, a right of

action is the necessary
consequence of a cause of
action for the enforcement
or protection of a right or
the prevention or redress
of a wrong and so they
say.
Section 3. Cases governed. - These Rules shall govern the procedure to be observed
in actions, civil or criminal, and special proceedings.
(a) A civil action is one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong.
A civil action may either be ordinary or special. Both are governed by the rules
for ordinary civil actions, subject to the specific rules prescribed for a special civil
action.
(b) A criminal action is one by which the State prosecutes a person for an act or
omission punishable by law.
(c) A special proceeding is a remedy by which a party seek s to establish a

status, a right, or a particular fact. (3)
DISTINCTIONS : (2006 BAR EXAMINATIONS)
CIVIL ACTION CRIMINAL ACTION SPECIAL PROCEEDING
1. AS TO DEFINITION
One by which a party sues One by which the State A remedy by which a party
another for the prosecutes a person for an seek s to establish a
enforcement or protection act or omission punishable status, a right, or a
of a right, or the prevention by law. particular fact.
or redress of a wrong.
24
2. AS TO
GOVERNING
RULES:
Governed by Rules 1-71 Governed by Rules 110- Governed by Rules 72-109

127 of the Revised Rules of the Rules of Court and
of Criminal Procedure and rules on ordinary civil
rules on ordinary civil actions applies in
actions applies in suppletory character.
suppletory character.
3. AS TO BASIS
Based on a cause of action Based on acts or omission Based on particular fact,

in violation of penal laws status, or a right sought to
be established.
4. AS TO THE
NATURE
It is adversarial and As a rule, it is non-

The proceeding is prosecutorial in nature adversarial except when
adversarial since it there is an
involves two contending oppositor/respondent
parties
5. AS TO PARTIES
Parties are the plaintiff and State versus accused Petitioner EXCEPT when
the defendant. opposed, the OPPOSITOR
In Preliminary or respondent
In Special Civil Action, it is Investigation, the
commenced by petition, complainant and the
parties are the petitioner respondent
and the respondent
CLASSIFICATIONS OF ACTIONS ACCORDING TO ITS PURPOSE
A. AS TO ITS SUBJECT : Determination of venue
1. REAL ACTION - one brought for the protection of real rights, lands, tenements
or hereditaments or one founded on privity of estate only.
Example : Action for recovery of possession of real property, quieting of title or

removal of clouds, action for specific performance for the delivery of real property
2. PERSONAL ACTION - one which is NOT founded upon the privity of real
rights or real property
Example : Action which seeks to recover personal property, enforcement of a

contract or the recovery of damages
3. MIXED ACTION - When the plaintiff joins two or more causes of actions based
on the same act or occurrence, of which is a real action.
Example : Action to annul a sale of a land and to recover the land
25
For the determination of VENUE : the action is a REAL ACTION and must be
filed in the place where the property is situated regardless of the residence of the
parties. (Emergency Loan Pawnshop, Inc versus Court of Appeals, GR No.
129184, February 28, 2010)
4. LOCAL ACTION - is an action which is required by the rules to be instituted in

a particular place in the absence of any agreement to the contrary.
5. TRANSITORY ACTION - is an action the venue of which is dependent

generally upon the residence of the parties regardless of where the cause of
action arose
B. AS TO ITS PURPOSE : service of summons and acquisition of jurisdiction
1. ACTION IN REM - one which is not directed only against particular person
but against the thing itself and the object of which is to bar indifferently all who
might be minded to make any objection against the right sought to be
enforced, hence, the judgment therein is binding theoretically against the
whole world.
Examples : Cadastral and land registration proceedings, probate proceedings
2. ACTION IN PERSONAM - one which is directed against particular persons

on the basis of their personal liability to establish a claim against them and
the judgment wherein is binding ONLY upon the parties impleaded or their
successor in interest.
Example : Recovery of damages, specific performance, action for injunction,

rescission of contracts
CASE LAW : Jesse U. Lucas vs. Jesus S. Lucas, GR No. 190710, June 6, 2010
- In action in personam, jurisdiction over the person of the defendant is

necessary for the court to validly try and decide the case.
- In proceeding in rem or quasi in rem, or quasi in rem, jurisdiction over the

person of the defendant is NOT a prerequisite to confer jurisdictionon the
court, PROVIDED THAT the court has jurisdiction OVER THE RES.
JURISDICTION OVER THE RES is acquired either :
1. By the seizure of the property under legal process, whereby it is brought into
actual custody of the law;
2. As a result of the institution of legal proceedings, in which the power of the
court is recognized and made effective.
3. ACTION QUASI IN REM - one which is directed against particular persons

but the purpose of which is to bar and bind not only said persons but any
other person who claims any interest in the property or right subject of the
suit.
Examples : Foreclosure of mortgage (Rule 68);

Partition under Rule 69;
Attachment under Rule 57
26
Or any other action the purpose of which is to exclude the

defendant’s interest over the property
Section 4. In what cases not applicable. - These Rules shall not apply to election
cases, land registration, cadastral, naturalization and insolvency proceedings, and other
cases not herein provided for, except by analogy or in a suppletory character and
whenever practicable and convenient. (4)
CASES NOT DIRECTLY GOVERNED BY THE RULES OF COURT
1. Election cases
2. Land registration
3. Cadastral Proceedings
4. Naturalization Proceedings
5. Insolvency Proceedings
OTHER CASES NOT DIRECTLY GOVERNED BY THE RULES OF COURT
1. Labor cases
2. Impeachment
3. Small Claims cases
4. Cases falling under the Summary Proceedings
THE RULES OF COURT SHALL APPLY ONLY :
1. Suppletory in character
- It means that the Rules of Court will apply if there is insufficiency in the
applicable rules
2. Whenever practicable and convenient
HOW TO COMMENCE A CIVIL ACTION?
1. By the filing of the original complaint with the court (Rule 1, Section 5 of the
1997 Rules of Civil Procedure)
2. Payment of docket and other legal fees (Rule 141, as amended)
HOW TO COMMENCE A SMALL CLAIMS CASE?
1. Filing with the court an accomplished STATEMENT OF CLAIM/S with Verification

and Certification against Forum shopping, Splitting a Single Cause of Action and
Multiplicity of Suits (Form 1-SC) and duly certified photocopies of the actionable
document/s subject of the cliam, affidavits of witnesses and other evidence to
support the claim, with as many copies thereof as there are defendants.
(Section 4, Rule on Small Claims, AM 08-8-7-SC, Rules on Expedited
Procedure in the First Level Courts)
2. Payment of the docket and other legal fees under Rule 141 of the Revised Rules
of Court, unless allowed to sue as indigent
EFFECT OF THE FILING OF THE COMPLAINT IN COURT
- The prescription of actions is interrupted when they are filed before the
court, when there is a written extrajudicial demand by the creditors and when
27
there is any written acknowledgment of the debt by the debtor (Article 1155
of the New Civil Code)
CONSTRUCTION OF THE RULE
SECTION 6, RULE 1 OF THE 1997 RULES OF CIVIL PROCEDURE
Section 6. Construction. — These Rules shall be LIBERALLY CONSTRUED in order

to promote their objective of securing a just, speedy and inexpensive disposition of
every action and proceeding. (2a)
CASE LAW : Abrenica vs. Law Firm of Abrenica, Tungol and Tibayan, GR No.
169420, September 22, 2006.
- The rule on liberal construction DOES NOT mean that procedural rules are to
be ignored or disdained at will to suit the convenience of the party.
CASE LAW : FRANCISCO A. LABAO VS. LOLITO N. FLORES, ET AL, GR NO.

187984, NOVEMBER 15, 2010
- Procedural rules are not to be belittled or dismissed simply because their non-
observance may have prejudiced a party’s substantive rights. EXCEPTIONS to their
strict observance :
1. Most persuasive and weighty reasons;

2. To relieve a litigant from an injustice not commensurate with his failure to
comply with the prescribed procedure
3. Good faith of the defaulting party by immediately paying within a reasonable
time from the time of the default
4. The existence of special or compelling circumstances
5. Merits of the case
6. A cause not entirely attributable to the fault or negligence of the party favored
by the suspension of the rules
7. A lack of any showing that the review sought is frivolous and dilatory
8. The party will not be unjustly prejudiced thereby
9. Fraud, accident, mistake, or excusable negligence without appellant’s fault
10. Peculiar legal and equitable circumstances attendant to each case
11. In the name of substantial justice and fair play
12. Importance of the issues involved
13. Exercise of sound discretion by the judge guided by all the attendant
circumstances
- There should be an effort on the part of the party invoking liberality to

advance a reasonable or meritorious explanation for his/her failure to comply
with the rules.
CAUSE OF ACTION
(Rule 2)
Section 1. Ordinary civil actions, basis of - Every ordinary civil action must be based on
a cause of action. (1)
Section 2. Cause of action, defined. - A cause of action is the act or omission by which
a party violates a right of another. (2)
28
CAUSE OF ACTION - is the act or omission by which a party violates a right of

another
CASE LAW : Butuan Development Corporation versus The 21 st Division of the

Hon. Court of Appeals, et. al, GR No. 197358, April 5, 2017
ELEMENTS OF A CAUSE OF ACTION
1. There is a right in favor of the plaintiff by whatever means and under

whatever law it arises or is created
2. An obligation on the part of the named defendant to respect or not to violate
such right
3. An act or omission on the part of such defendant in violation of the right of the
plaintiff or constituting a breach of the obligation of the defendant to the
plaintiff for which the latter may maintain an action for recovery of damages or
other appropriate relief.
- The last element is the most important element of a cause of action
FAILURE TO STATE A CAUSE OF ACTION is one of the grounds for the

dismissal of a COMPLAINT.
In resolving whether the complaint states a cause of action or not, ONLY THE
FACTS ALLEGED IN THE COMPLAINT are considered. The TEST is whether
the court can render a valid judgment on the complaint based on the facts
alleged and the prayer asked for.
Only ULTIMATE FACTS (essential facts constituting the plaintiff’s cause of

action), not legal conclusions or evidentiary facts, are considered for purposes of
applying the test.
CASE LAW : Bangko Sentral ng Pilipinas vs. Feliciano P. Legaspi, GR No.

205966, March 2, 2016
- The non-inclusion on the face of the complaint of the amount of property is

NOT fatal because attached in the complaint is a tax declaration of the
property in question.
- Annexes to a complaint are deemed part of and should be considered

together with the complaint
- A complaint should not be dismissed for insufficiency of cause of action if it

appears clearly from the complaint and its attachments that the plaintiff is
entitled to any relief
REMEDY OF THE DEFENDANT IF THE COMPLAINT STATES NO CAUSE OF

ACTION
- File his answer and raise the ground as an affirmative defense (Section 12,
Rule 8 of the 2019 Amendments to the 1997 Rules on Civil Procedure)
Section 3. One suit for a single cause of action. - A party may not institute more than
one suit for a single cause of action. (3)
Section 4. Splitting a single cause of action; effect of - If two or more suits are instituted
on the basis of the same cause of action, the filing of one or a judgment upon the merits
in anyone is available as a ground for the dismissal of the others. (4)
29
CASE LAW :. Catalina Chu et al vs. Spouses Hernando Cunanan and Trinidad
Cunanan, GR No. 156185, September 12, 2011
- SPLITTING A CAUSE OF ACTION - is the act of dividing a single or

indivisible cause of action into several parts or claims and instituting two or
more actions upon them.
- A single cause of action or entire claim or demand cannot be split up or
divided in order to be made the subject of two or more different actions.
EFFECT OF SPLITTING OF CAUSE OF ACTION
- If two or more suits are instituted on the basis of the same cause of action,
the filing of one or a judgment upon the merits in anyone is available as
a ground for the dismissal of the others.
CASE LAW :. Lajave Agricultural Management and Development Enterprise, Inc

vs. Spouses Agustin Javellana and Florence Apilis-Javellana, GR No. 223785,
November 7, 2018
- Splitting a cause of action is a mode of FORUM SHOPPING by filing multiple

cases based on the same cause of action but with different prayers
TESTS TO ASCERTAIN WHETHER TWO SUITS RELATE TO A SINGLE OR

COMMON CAUSE OF ACTION
1. Whether the same evidence would support and sustain both the first and
second causes of action
2. Whether the defenses in one case may be used to substantiate the complaint
in the other
3. Whether the cause of action in the second case existed at the time of the
filing of the first complaint
REMEDY OF THE DEFENDANT IN CASE OF SPLITTING OF CAUSE OF ACTION
- Dismissal of the action on the ground of :
a. Litis pendentia (that there is another action pending between the same parties
for the same cause); or
b. Barred by prior judgment (Section 12, Rule 15 of the 2019 Amendments to
the 1997 Rules on Civil Procedure)
JOINDER OF CAUSES OF ACTION (Bar Examinations 2017, 2015 and 2012)
Section 5. Joinder of causes of action. - A party may in one pleading assert, in the
alternative or otherwise, as many causes of action as he may have against an opposing
party, subject to the following conditions:
(a) The party joining the causes of action shall comply with the rules on joinder of
parties;
(b) The joinder shall not include special civil actions or actions governed by
special rules;
30
(c) Where the causes of action are between the same parties but pertain to
different venues or jurisdictions, the joinder may be allowed in the Regional Trial
Court provided one of the causes of action falls within the jurisdiction of said
court and the venue lies therein; and
(d) Where the claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction. (5)
JOINDER OF CAUSES OF ACTION is ONLY allowed for ORDINARY CIVIL ACTIONS.

The rule provides that a cause of action may NOT be joined with :
a. SPECIAL CIVIL ACTIONS
1. Interpleader (Rule 62)

2. Declaratory Relief, reformation of instrument, quieting of title and
consolidation of ownership (Rule 63)
3. Certiorari over the final orders or judgments of the COMELEC or Audit
(Rule 64)
4. Certiorari, prohibition and mandamus (Rule 65)
5. Petition for Quo Warranto (Rule 66)
6. Complaint for expropriation (Rule 67)
7. Complaint for foreclosure of Real Estate Mortgage (Rule 68)
8. Complaint for Partition (Rule 69)
9. Forcible Entry and Unlawful Detainer (Rule 70)
10. Contempt (Rule 71)
11. Writ of Kalikasan
12. Writ of continuing mandamus
b. SPECIAL PROCEEDINGS
1. Probate of the will

2. Intestate estate proceedings
3. Escheat
4. Trustees
5. Guardianship of minors or incompetents and custody of minors
6. Adoption and Revocation of adoption
7. Hospitalization of insane person
8. Habeas Corpus
9. Change of Name
10. Declaration of absence and death
11. Correction of entries in the civil registry
12. Insolvency proceedings
13. Alternative Dispute Resolution
14. Annulment of Marriage
15. Declaration of Nullity of marriage
16. Writs of Amparo and Habeas Data
17. Environmental cases
18. Special Rules on Alternative Dispute Resolution
Section 6. Misjoinder of causes of action. - Misjoinder of causes of action is not a

ground for dismissal of an action. A misjoined cause of action may, on motion of a
party or on the initiative of the court, be severed and proceeded with separately. (6)
RULE 3
PARTIES TO CIVIL ACTIONS
31
Section 1. Who may be parties; plaintiff and defendant. - Only natural or juridical
persons, or entities authorized by law may be parties in a civil action. The term "plaintiff"
may refer to the claiming party, the counter-claimant, the cross-claimant, or the third
(fourth, etc.)[-]party plaintiff. The term "defendant "may refer to the original defending
party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.) -
party defendant. (1)
PARTIES IN A CIVIL ACTION :
1. Natural persons
2. Juridical persons
3. Entities authorized by law
o State or its political subdivision

o Labor organizations
o Partnerships by estoppel
o Corporation by estoppel
o Foreign corporations
CLASSIFICATIONS OF PARTIES IN A CIVIL ACTION
1. Real Parties in interest (Section 2, Rule 3)

2. Representative parties (Section 3, Rule 3)
3. Indispensable parties (Section 7, Rule 3)
4. Necessary parties (Section 8, Rule 3)
Section 2. Parties in interest. - A real party in interest is the party who stands to be
benefited or injured by the judgment in the suit, or the party entitled to the avails of the
suit. Unless otherwise authorized by law or these Rules, every action must be
prosecuted or defended in the name of the real party in interest. (2)
REQUIREMENTS FOR THE PARTY TO BE A REAL PARTY-IN-INTEREST
CASE LAW : Andy Ang vs. Severino Pacunio, et al, GR No. 208928, July 8, 2015
- Requirements are :
1. To institute an action, the plaintiff must be the real party-in-interest

2. The action must be prosecuted in the name of the real party-in-interest
INTEREST - means material interest or an interest in issue to be affected

by the decree or judgment of the case
- One having no material interest cannot invoke the jurisdiction of the court as
the plaintiff in an action
CASE LAW : Republic vs Heirs of Diego Lim, et. al., GR No. 195611, April 18, 2016
- To qualify a person to be a real party-in-interest in whose name an action

must be prosecuted, he must appear to be the present owner of the right
sought to be enforced.
REMEDY IF THE CASE IS INSTITUTED BY A PERSON NOT A REAL PARTY-IN-

INTEREST
32
- File an answer and raise the ground of failure to sate a cause of action as an
affirmative defense.
REMEDY OF THE PLAINTIFF IN CASE THE COMPLAINT FAILS TO STATE A

CAUSE OF ACTION
- Amend the pleading once as a matter of right at any time before the
responsive pleading is served. (Section 2, Rule 10)
REMEDY OF THE PLAINTIFF IN CASE THE COMPLAINT IS DISMISSED FOR

FAILURE TO STATE A CAUSE OF ACTION
- Re-file the action since the order of dismissal is without prejudice to the
refiling of the action and which is not appealable under Section 1, Rule 41.
Section 3. Representatives as parties. - Where the action is allowed to be prosecuted

or defended by a representative or someone acting in a fiduciary capacity, the
beneficiary shall be included in the title of the case and shall be deemed to be the real
party in interest. A representative may be a trustee of an express trust, a guardian, an
executor or administrator, or a party authorized by law or these Rules. An agent acting
in his own name and for the benefit of an undisclosed principal may sue or be sued
without joining the principal except when the contract involves things belonging to the
principal. (3)
Where the action is allowed to be prosecuted or defended by a representative or

someone acting in a fiduciary capacity, the beneficiary shall be included in the title
of the case and shall be deemed to be the real party in interest.
WHO MAY ACT AS A REPRESENTATIVE PARTY?
1. Trustee of an express trust

2. A guardian
3. An executor or administrator
4. A party authorized by law or these Rules.
5. An agent acting in his own name and for the benefit of an undisclosed principal
may sue or be sued without joining the principal except when the contract
involves things belonging to the principal
Section 4. Spouses as parties. - Husband and wife shall sue or be sued jointly, except
as provided by law. (4)
Section 5. Minor or incompetent persons. - A minor or a person alleged to be

incompetent, may sue or be sued, with the assistance of his father, mother, guardian, or
if he has none, a guardian ad litem. (5)
Section 6. Permissive joinder of parties. - All persons in whom or against whom any
right to relief in respect to or arising out of the same transaction or series of transactions
is alleged to exist, whether jointly, severally, or in the alternative, may, except as
otherwise provided in these Rules, join as plaintiffs or be joined as defendants in one
complaint, where any question of law or fact common to all such plaintiffs or to all such
defendants may arise in the action; but the court may make such orders as may be just
to prevent any plaintiff or defendant from being embarrassed or put to expense in
connection with any proceedings in which he may have no interest. (6)
Section 7. Compulsory joinder of indispensable parties. - Parties in interest without

whom no final determination can be had of an action shall be joined either as plaintiffs
or defendants. (7)
33
INDISPENSABLE PARTIES (Bar Examinations 2019)
- Are Parties in interest without whom no final determination can be had of an

action and who shall be joined either as plaintiffs or defendants.
CASE LAW : Philip L. Go, Pacifico Q. Lim, and Andrew Q. Lim vs. Distinction
Properties Development and Construction, Inc., GR No. 194024, April 25, 2012
- The general rule with reference to the making of parties in a civil action
requires the JOINDER OF ALL INDISPENSABLE PARTIES under any and all
conditons, their presence being a SINE QUA NON of the exercise of judicial
power.
- When it appears of record that there are other persons interested in the
subject matter of the litigation, who are not made parties to the action, it is the
duty of the court to suspend the trial until such parties are made either
plaintiffs or defendants.
- When an indispensable party is not before the court, the action should be
dismissed.
CASE LAW : Living@Sense, Inc. vs. Malayan Insurance Company, GR No.

193753, September 26, 2012
- The presence of indispensable parties is necessary to vest the court with

jurisdiction, thus, without their presence to a suit or proceeding, the
jurisdiction of the court cannot attain real finality.
- The absence of an indispensable party renders all subsequent actions of the

court null and void for want of authority to act , not only as to the absent
parties but even as to those present.
NON-JOINDER OF INDISPENSABLE PARTY

- Will not result to outright dismissal
- REMEDY : IMPLEAD them and not to dismiss the case
- If the plaintiff REFUSES to implead an indispensable party despite the order
of the court, that court may DISMISS the complaint for the plaintiff’s failure to
comply with the order.
Section 8. Necessary party. - A necessary party is 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 or settlement of the claim subject of the action.
(8)
NECESSARY PARTY (Bar Examination 2019)
- A necessary party is 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 or settlement of the claim subject of the action.
Section 9. Non-joinder of necessary parties to be pleaded. - Whenever in any pleading

in which a claim is asserted a necessary party is not joined, the pleader shall set forth
his name, if known, and shall state why he is omitted. Should the court find the reason
34
for the omission unmeritorious, it may order the inclusion of the omitted necessary party
if jurisdiction over his person may be obtained.
The failure to comply with the order for his inclusion, without justifiable cause, shall be
deemed a waiver of the claim against such party.
The non-inclusion of a necessary party does not prevent the court from proceeding in
the action, and the judgment rendered therein shall be without prejudice to the rights of
such necessary party. (9)
EFFECT OF NON-JOINDER OR MISJOINDER OF NECESSARY PARTY
1. A necessary party may be omitted in a pleading, but the pleader shall set
forth his name, if known, and shall state why he is omitted.
2. Should the court find the reason for the omission unmeritorious, it may order
the inclusion of the omitted necessary party if jurisdiction over his person may
be obtained.
3. On the contrary, if the court finds the omission justifiable, or even if not
justifiable but jurisdiction over the person of such party cannot be obtained by
such court, then such omission will be allowed, and then the proceedings
shall continue despite such non-joinder
Section 10. Unwilling co-plaintiff. - If the consent of any party who should be joined as
plaintiff can not be obtained, he may be made a defendant and the reason therefor shall
be stated in the complaint. (10)
Section 11. Misjoinder and nonjoinder of parties. - Neither misjoinder nor non-joinder of

parties is ground for dismissal of an action. Parties may be dropped or added by order
of the court on motion of any party or on its own initiative at any stage of the action and
on such terms as are just. Any claim against a misjoined party may be severed and
proceeded with separately. (11)
EFFECTS OF MISJOINDER AND NON-JOINDER OF PARTIES
1. Not a ground for dismissal of an action

2. Parties may be dropped or added by order of the court on motion of any party
or on its own initiative at any stage of the action and on such terms as are
just.
3. Any claim against a misjoined party may be severed and proceeded with
separately.
Section 12. Class suit. - When the subject matter of the controversy is one of common
or general interest to many persons so numerous that it is impracticable to join all as
parties, a number of them which the court finds to be sufficiently numerous and
representative as to fully protect the interests of all concerned may sue or defend for the
benefit of all. Any party in interest shall have the right to intervene to protect his
individual interest. (12)
ELEMENTS OF A CLASS SUIT
1. The subject matter of the controversy is one of common or general interest to

many persons
2. The number of persons is so numerous that it is impracticable to join all as
parties
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3. The parties actually before the court are sufficiently numerous and
representative as to fully protect the interests of all concerned
4. The representatives sue or defend for the benefit of all. Any party in interest
shall have the right to intervene to protect his individual interest.
DISTINGUISH :
CLASS SUIT DERIVATIVE SUIT CITIZEN SUIT
Is filed regarding a Is a suit in equity that is is an action filed by any

common or general filed by the minority Filipino citizen in
interest in behalf of many shareholder in behalf of a representation of others,
persons so numerous that corporation to redress including minors or
it is impracticable to join all wrongs committed against generations not yet born,
as parties, a number of it, for which directors to enforce rights and
which the court finds refuse to sue, the real obligations under
sufficiently representative party-in-interest being the environmental laws.
who may sue or defend for corporation itself
the benefit of all.
filed by sufficient number it is filed by a minority Filed by any Filipino citizen
of parties for the benefit of stockholder for and in
all. behalf of the corporation
Section 13. Alternative defendants. - Where the plaintiff is uncertain against who of

several persons he is entitled to relief, he may join any or all of them as defendants in
the alternative, although a right to relief against one may be inconsistent with a right of
relief against the other. (13)
Section 14. Unknown identity or name of defendant. - Whenever the identity or name of

a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by
such other designation as the case may require; when his identity or true name is
discovered, the pleading must be amended accordingly. (14)
CAN YOU INSTITUTE AN ACTION AGAINST SOMEONE WHOSE IDENTITY OR

NAME IS UNKNOWN?
- Yes. The Defendant maybe sued as :
a. Unknown owner
b. Unknown heir
c. Unknown devisee
d. By such designation as the case may require
Section 15. Entity without juridical personality as defendant. - When two or more

persons not organized as an entity with juridical personality enter into a transaction,
they may be sued under the name by which they are generally or commonly known.
In the answer of such defendant, the names and addresses of the persons composing
said entity must all be revealed. (15)
36
HOW TO INSTITUTE AN ACTION AGAINST AN ENTITY WITHOUT A JURIDICAL

PERDONALITY
- When two or more persons not organized as an entity with juridical

personality enter into a transaction, they may be sued under the name by
which they are generally or commonly known
Section 16. Death of party; duty of counsel. - Whenever a party to a pending action

dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to
inform the court within thirty (30) days after such death of the fact thereof, and to give
the name and address of his legal representative or representatives. Failure of counsel
to comply with this duty shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to be substituted for the deceased, without
requiring the appointment of an executor or administrator and the court may appoint a
guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or representatives to appear
and be substituted within a period of thirty (30) days from notice.
If no legal representative is named by the counsel for the deceased party, or if the one
so named shall fail to appear within the specified period, the court may order the
opposing party, within a specified time, to procure the appointment of an executor or
administrator for the estate of the deceased and the latter shall immediately appear for
and on behalf of the deceased. The court charges in procuring such appointment, if
defrayed by the opposing party, may be recovered as costs. (16)
DEATH OF A PARTY : ACTION THAT SURVIVES VS. ACTION THAT DOES NOT
SURVIVES
DUTIES OF THE COUNSEL IN CASE OF DEATH OF A PARTY IN AN ACTION THAT

SURVIVES/CLAIM IS NOT EXTINGUISHED
1. Inform the court within thirty (30) days after such death of the fact thereof
2. To give the name and address of his legal representative or representatives
HOW TO DETERMINE WHETHER THE ACTION SURVIVES OR NOT
- Depends on the nature of the action and the damage sued for.
CASE LAW : Pacific Rehouse Corporation vs. Joven L. Ngo, as represented by

Oscar J. Garcia, GR No. 214934, April 12, 2016
- Section 16, Rule 3 of the Rules of Court allows the substitution of a party-
litigant who dies during the pendency of a case by his heirs, provided that the
claim subject of said case IS NOT EXTINGUISHED BY HIS DEATH
- In BONILLA vs BARCENA, the Court has settled that if the claim in an action
affects property and property rights, then the action survives the death of a
party-litigant
37
Section 17. Death or separation of a party who is a public officer. - When a public

officer is a party in an action in his official capacity and during its pendency dies,
resigns, or otherwise ceases to hold office, the action may be continued and maintained
by or against his successor if, within thirty (30) days after the successor takes office or
such time as may be granted by the court, it is satisfactorily shown to the court by any
party that there is a substantial need for continuing or maintaining it and that the
successor adopts or continues or threatens to adopt or continue the action of his
predecessor. Before a substitution is made, the party or officer to be affected, unless
expressly assenting thereto, shall be given reasonable notice of the application therefor
and accorded an opportunity to be heard. (17)
Section 18. Incompetency or incapacity. - If a party becomes incompetent or

incapacitated, the court, upon motion with notice, may allow the action to be continued
by or against the incompetent or incapacitated person assisted by his legal guardian or
guardian ad litem. (18)
Section 19. Transfer of interest. - In case of any transfer of interest, the action may be
continued by or against the original party, unless the court upon motion directs the
person to whom the interest is transferred to be substituted in the action or joined with
the original party. (19)
Section 20. Action on contractual money claims. - When 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 was pending at the time of such death, it
shall not be dismissed but shall instead be allowed to continue until entry of final
judgment. A favorable judgment obtained by the plaintiff therein shall be enforced in the
manner especially provided in these Rules for prosecuting claims against the estate of a
deceased person. (20)
EFFECT IN CASE OF DEATH OF A PARTY IN AN ACTION BASED ON A

CONTRACTUAL MONEY CLAIMS
- When the defendant died before entry of final judgment in the court in which
the action was pending at the time of such death :
1. NOT be dismissed but shall instead be allowed to continue until entry of final
judgment;
2. In case of a favorable judgment obtained by the plaintiff therein shall be enforced

in the manner especially provided in these Rules for prosecuting claims against
the estate of a deceased person
CASE LAW : Pasda, Inc. vs. Reynaldo Dimayacyac Sr., substituted by the Heirs,
GR No. 220479, August 17, 2016
- In the event that the respondent-debtor dies during the pendency of the case,
the same is NOT DISMISSED but is allowed to continue.
- If the court rules against the deceased respondent, the same shall be
enforced as a claim against his estate, and not against the individual heirs.
WHAT ARE THE ACTIONS THAT SURVIVE THE DEATH OF THE PARTY
1. Action for Recovery of money arising from contract, express or implied

(Section 20, Rule 3)
2. Actions to recover real property
38
3. Recovery of personal property or an interest therein, from the estate or to

enforce a lien thereon; and
4. Actions to recover damages for an injury to person or property, real or
personal, may be commenced against him (Section 1, Rule 87)
Section 21. Indigent party. - A party may be authorized to litigate his action, claim or
defense as an indigent if the court, upon an ex parte application and hearing, is satisfied
that the party is one who has no money or property sufficient and available for food,
shelter and basic necessities for himself and his family.
Such authority shall include an exemption from payment of dock et and other lawful
fees, and of transcripts of stenographic notes which the court may order to be furnished
him. The amount of the dock et and other lawful fees which the indigent was exempted
from paying shall be a lien on any judgment rendered in the case favorable to the
indigent, unless the court otherwise provides.
Any adverse party may contest the grant of such authority at any time before judgment
is rendered by the trial court. If the court should determine after hearing that the party
declared as an indigent is in fact a person with sufficient income or property, the proper
dock et and other lawful fees shall be assessed and collected by the clerk of court. If
payment is not made within the time fixed by the court, execution shall issue or the
payment thereof, without prejudice to such other sanctions as the court may impose.
(21)
INDIGENT PARTY
- One who is allowed to litigate an action who has no money or property

sufficient and available for food, shelter, and basic necessities for himself and
his family
REQUIREMENTS TO BE DECLARED AS INDIGENT PARTY
1. Upon an ex parte application and hearing

2. The court is satisfied that the party is one who has no money or property
sufficient and available for food, shelter, and basic necessities for himself and
his family
EFFECTS OF DECLARATION OF A PARTY AS INDIGENT
1. An exemption from payment of docket and other lawful fees

o Shall be a lien on any judgment rendered in the case favorable to the
indigent unless the court otherwise provides.
2. Exemption from the payment of TSN which the court may order to be
furnished him.
EFFECT IF THE PARTY HAS SUFFICIENT INCOME
- If the court should determine after hearing that the party declared as an
indigent is in fact a person with sufficient income or property that court may :
39
1. Order that the proper docket and other lawful fees shall be assessed and
collected by the clerk of court
2. If payment is not made within the time fixed by the court, execution shall issue
for the payment thereof, without prejudice to such other sanctions as te court
may impos
Section 22. Notice to the Solicitor General. - In any action involving the validity of any
treaty, law, ordinance, executive order, presidential decree, rules or regulations, the
court, in its discretion, may require the appearance of the Solicitor General who may be
heard in person or through a representative duly designated by him. (22)
RULE 4
VENUE OF ACTIONS
VENUE - is the geographical location/place where the case shall be instituted, heard
and tried
Section 1. Venue of real actions. - Actions affecting title to or possession of real

property, or interest therein, shall be commenced and tried in the proper court which
has jurisdiction over the area wherein the real property involved, or a portion thereof, is
situated. (BAR EXAMINATIONS 2017 and 2012)
Forcible entry and detainer actions shall be commenced and tried in the municipal trial
court of the municipality or city wherein the real property involved, or a portion thereof,
is situated. (1)
REAL ACTIONS - are actions involving title to, ownership, possession or any interest
in real property
- If the real property is merely incidental to the issue, such as if the action to
recover damages to real property, te same is PERSONAL ACTION
ART 415 of the New Civil Code enumerates the real properties which can be the subject
of real ACTION
EXAMPLES OF A REAL ACTION
1. Action to annul sale and title

2. Action for annulment or rescission of contract over a real property
3. Action to annul a sale of a land and to recover land
4. Action for revival of judgment - If the decision to be revived involves real
property then – venue is location of the property of where any portion thereof is
situated
5. Action for specific performance for the delivery of rela property
6. Action for interpleader over a real property (Rule 62)
7. Action for quieting of title or removal of clouds (Rule 63)
8. Action for expropriation proceedings over a real property (Rule 67)
9. Actions for foreclosure of real estate (Rule 68)
10. Action for partition ((Rule 69)
11. Actions for forcible entry and unlawful detainer
12. Accion publiciana
40
13. Accion reinvindicatoria
Section 2. Venue of personal actions. - All other actions may be commenced and tried
where the plaintiff or any of the principal plaintiffs resides, or where the defendant or
any of the principal defendants resides, or in the case of a nonresident defendant where
he may be found, at the election of the plaintiff. (2)
PERSONAL ACTION - one which is not founded upon the privity of real rights or real
property. An action for specific performance is a personal action.
ART 416 and 417 of the New Civil Code enumerates the personal properties
EXAMPLES OF A PERSONAL ACTION
1. Action for the delivery of personal property or replevin

2. Action for collection of sum of money
3. Action for interpleader over personal properties
4. Action for damages
5. Action for rescission of contract
6. Action for specific performance for the delivery of personal property
7. Action for revival of judgment involving personal properties
8. Small claims cases
9. Action for injunction
VENUE IN PERSONAL ACTIONS
1. Where the plaintiff or any of the principal plaintiffs resides; or

2. Where the defendant or any of the principal defendants resides; or
3. In the case of a nonresident defendant where he may be found, at the
election of the plaintiff
Section 3. Venue of actions against nonresidents. - If any of the defendants does not
reside and is not found in the Philippines, and the action affects the personal status of
the plaintiff, or any property of said defendant located in the Philippines, the action may
be commenced and tried in the court of the place where the plaintiff resides, or where
the property or any portion thereof is situated or found. (3)
Section 4. When Rule not applicable. - This Rule shall not apply
(a) In those cases where a specific rule or law provides otherwise; or
(b) Where the parties have validly agreed in writing before the filing of the action
on the exclusive venue thereof. (3a, 5a)
CASE LAW : Virgilio C. Briones vs. Court of Appeals, Special 8 th Division and
Cash Asia Credit Corporation, GR No. 204444, Jnauary 14, 2015
- As regards restrictive stipulations on venue, jurisprudence instructs that it

must be shown that such stipulation is EXCLUSIVE. In the absence of
QUALIFYING or RESTRICTIVE WORDS such as “exclusively”, “waiving for
this purpose any other venue”, “shall only” preceding the designation of venue
41
RULE 5
UNIFORM PROCEDURE IN TRIAL COURTS
Section 1. Uniform procedure. - The procedure in the Municipal Trial Courts shall be
the same as in the Regional Trial Courts, except (a) where a particular provision
expressly or impliedly applies only to either of said courts, or (b) in civil cases governed
by the Rule on Summary Procedure. (1)
Section 2. Meaning of terms. - The term "Municipal Trial Courts" as used in these Rules
shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts, and Municipal Circuit Trial Courts. (2)
CHAPTER II
PLEADINGS
RULE 6 : KINDS OF PLEADINGS
Section 1. Pleadings defined. — [No amendment]
PLEADINGS - are the written statements of the respective claims and defenses of
the parties submitted to the court for aapropriate judgment
IS A MOTION A PLEADING? (2006 BAR EXAMINATION)
- No. Motion is defined under Section 1, Rule 15 as an application for a relief

other than by a pleading
KINDS OF PLEADINGS :
1. Initiatory Pleading
2. Responsive Pleading
INITIATORY PLEADING RESPONSIVE PLEADING
a. It is a pleading which commences a. It is a pleading which responds to

an action containing plaintiff’s the adverse party’s pleading
cause or causes of action
b. It is required to be verified b. It is not required to be verified as a

general rule, unless the rules or law
otherwise requires
c. It should contain a certification of non- c. It need not contain a certification of
forum shopping non-forum shopping, unless it is
accompanied by a counter-claim or cross-
42
claim
d. Payment of docket and other lawful d. Payment of docket and other lawful
fees are required fees are NOT required
Section 2. Pleadings allowed. — The claims of a party are asserted in a complaint,

counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-
intervention.
The defenses of a party are alleged in the answer to the pleading asserting a claim
against him or her.
An answer may be responded to by a reply only if the defending party attaches an

actionable document to the answer.
CLAIMS OF A PARTY ARE ASSERTED IN :
1. Complaint
2. Counterclaim,
3. Cross-claim, third (fourth, etc.)-party complaint; or
4. Complaint-in-intervention
Defenses of a party are alleged in the ANSWER to the pleading asserting a claim
against him or her
An answer may be responded to by a REPLY only if the defending party attaches an

actionable document to the answer.
Section 3. Complaint. — The complaint is the pleading alleging the plaintiffs or claiming
party's cause or causes of action. The names and residences of the plaintiff and
defendant must be stated in the complaint.
COMPLAINT - is the pleading alleging the plaintiffs or claiming party's cause or causes
of action. The names and residences of the plaintiff and defendant must be stated in the
complaint
Section 4. Answer. — [No amendment]
ANSWER - is a pleading in which a defending party sets forth his or her defenses
Section 5. Defenses. — Defenses may either be negative or affirmative.
(a) A negative defense is the specific denial of the material fact or facts alleged in
the pleading of the claimant essential to his cause or causes of action.
(b) An affirmative defense is an allegation of, a new matter which, while

hypothetically admitting the material allegations in the pleading of the claimant,
would nevertheless prevent or bar recovery by him or her. The affirmative
defenses include fraud, statute of limitations, release, payment, illegality, statute
of frauds, estoppel, former recovery, discharge in bankruptcy, and any other
matter by way of confession and avoidance.
Affirmative defenses may also include grounds for the dismissal of a complaint,
specifically, that the court has no jurisdiction over the subject matter, that there is
43
another action pending between the same parties for the same cause, or that the action
is barred by a prior judgment.
NEGATIVE DEFENSE - is the specific denial of the material fact or facts alleged in
the pleading of the claimant essential to his cause or causes of action.
AFFIRMATIVE DEFENSE - is an allegation of, a new matter which, while

hypothetically admitting the material allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him or her.
- INCLUDES :
1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality
6. Statute of frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy; and
10. Any other matter by way of confession and avoidance.
OTHER AFFIRMATIVE DEFENSES WHICH CAN BE GROUNDS FOR THE

DISMISSAL OF A COMPLAINT
1. That the court has no jurisdiction over the subject matter

2. That there is another action pending between the same parties for the same
cause; or
3. That the action is barred by a prior judgment.
Section 6. Counterclaim. — [No amendment]
COUNTERCLAIM (BAR EXAMINATION 2010)
- Any claim which a defending party may have against an opposing party
- Considered a new suit in which the defendant is the plaintiff and the plaintiff in
the complaint becomes the defendant.
Section 7. Compulsory counterclaim. — A compulsory counterclaim is one which, being

cognizable by the regular courts of justice, arises out of or is connected with the
transaction or occurrence constituting the subject matter of the opposing party's claim
and does not require for its adjudication the presence of third parties of whom the court
cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the
court both as to the amount and the nature thereof, except that in an original action
before the Regional Trial Court, the counterclaim may be considered compulsory
regardless of the amount. A compulsory counterclaim not raised in the same action is
barred, unless otherwise allowed by these Rules.
KINDS OF COUNTERCLAIM
44
COMPULSORY COUNTERCLAIM PERMISSIVE COUNTERCLAIM

(PRINCIPLE OF RECOUPMENT) (PRINCIPLE OF SET OFF)
1. One which arises out of or is 1. Does not arise of and is not

connected with the transaction or connected with the transaction or
occurrence constituting the subject occurrence constituting the subject
matter of the opposing party's matter of the opposing party’s
claim and does not require for its claim
adjudication the presence of third
parties of whom the court cannot
acquire jurisdiction
2. Is barred if not set up in the 2. Is not barred even if not set up in the
answer (or in the amended answer
answer)
3. Plaintiff need not answer a 3. Plaintiff must answer a permissive

compulsory counterclaim except in counterclaim
summary proceedings
4. If plaintiff does not answer a 4. Plaintiff who does not answer a

compulsory counterclaim, he permissive counterclaim may be declared
cannot be declared in default in default in respect thereto
5. Does not require a certification on 5. Being an initiatory pleading, it requires

non-forum shopping a certification on non-forum shopping
6. Is not an initiatory pleading and 6. The lack of a certificate of forum

thus need not require a certificate shopping is fatal.
of non-forum shopping
REQUIREMENT INORDER THAT A COMPULSORY COUNTERCLAIM SHALL BE

ALLOWED
- Such a counterclaim must be within the jurisdiction of the court both as to the
amount and the nature thereof, except that in an original action before the
Regional Trial Court, the counterclaim may be considered compulsory
regardless of the amount
TESTS TO DETERMINE WHETHER A COUNTERCLAIM IS COMPULSORY OR

PERMISSIVE
CASE LAW : Arturo C. Alba, Jr. vs. Raymund D. Malapajo, et. al, GR No. 198752,
January 13, 2016
1. Are the issues of fact and law raised by the claim and by the counterclaim
largely the same?
2. Would res judicata bar a subsequent suit on defendant’s claims, absent the
compulsory counterclaim rule?
3. Will substantially the same evidence support or refute plaintiff’s claim as well
as the defendant’s counterclaim?
4. Is there any logical relation between the claim and the counterclaim?
- A positive answer to all four questions would indicate that the counterclaim is
COMPULSORY
45
Section 8. Cross-claim. — A cross-claim is any claim by one party against a co-party

arising out of the transaction or occurrence that is the subject matter either of the
original action or of a counterclaim therein. Such cross-claim may cover all or part of the
original claim.
CROSS-CLAIM - is any claim by one party against a co-party arising out of the
transaction or occurrence that is the subject matter either of the original action or of a
counterclaim therein. Such cross-claim may cover all or part of the original claim.
EXAMPLE : A filed a case against B and C before the RTC for collection of sum of
money for non-payment of the loan they obtained from A. If B has a claim against C
which arises out of the same transaction or occurrence which is the subject matter of
the claim of A or of a counterclaim, then he may raise the same in his Answer as a
cross-claim against C.
CROSS CLAIM COUNTERCLAIM
1. Is a claim against a co-defendant 1. Is a claim against an opposing

in a suit party
2. Arises out of the transaction or 2. While a counterclaim may or may not

occurrence that is the subject arise out of the same transaction or
matter either of the original action occurrence, as in the case of a
or the counterclaim permissive counterclaim which is in effect
a separate pleading in itself
Section 9. Counter-counterclaims and counter-cross-claims. — [No amendment]
Section 10. Reply. — All new matters alleged in the answer are deemed controverted.
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged,
such claims shall be set forth in an amended or supplemental complaint. However, the
plaintiff may file a reply only if the defending party attaches an actionable document to
his or her answer.
A reply is a pleading, the office or function of which is to deny, or allege facts in denial
or avoidance of new matters alleged in, or relating to, said actionable document.
In the event of an actionable document attached to the reply, the defendant may file a
rejoinder if the same is based solely on an actionable document.
REPLY - is a pleading, the office or function of which is to deny, or allege facts in

denial or avoidance of new matters alleged in, or relating to, said actionable document.
WHEN CAN THE PLAINTIFF FILE A REPLY
- The plaintiff may file a reply only if the defending party attaches an
ACTIONABLE DOCUMENT to his or her answer.
WHEN CAN A REJOINDER BE FILED BY THE DEFENDANT
- In the event of an actionable document attached to the reply, the defendant

may file a rejoinder if the same is based solely on an actionable document.
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Section 11. Third, (fourth, etc.)-party complaint. — A third (fourth, etc.)-party complaint

is a claim that a defending party may, with leave of court, file against a person not a
party to the action, called the third (fourth, etc.)-party defendant for contribution,
indemnity, subrogation or any other relief, in respect of his opponent's claim.
The third (fourth, etc.)-party complaint shall be denied admission, and the court shall
require the defendant to institute a separate action, where: (a) the third (fourth, etc.)-
party defendant cannot be located within thirty (30) calendar days from the grant of such
leave; (b) matters extraneous to the issue in the principal case are raised; or (c) the
effect would be to introduce a new and separate controversy into the action.
THIRD (FOURTH, ETC.)-PARTY COMPLAINT - is a claim that a defending party may,

with leave of court, file against a person not a party to the action, called the third (fourth,
etc.)-party defendant for contribution, indemnity, subrogation or any other relief, in
respect of his opponent's claim.
CHARACTERISTIC/PURPOSE OF A THIRD PARTY COMPLAINT
1. That the third party defendant is not a party to the action

2. The claim against the third party-defendant must be based upon plaintiff’s
claim against the original defendant
3. The crucial characteristic of a claim is that the ORIGINAL DEFENDANT is
attempting to transfer to the third-party defendant the liability asserted against
him by the original plaintiff
WHEN CAN THE COURT DENY A THIRD (FOURTH, ETC.)-PARTY?
(a) The third (fourth, etc.)-party defendant cannot be located within thirty (30)
calendar days from the grant of such leave;
(b) Matters extraneous to the issue in the principal case are raised; or
(c) The effect would be to introduce a new and separate controversy into the
action
Section 12. Bringing new parties. — When the presence of parties other than those to
the original action is required for the granting of complete relief in the determination of a
counterclaim or cross-claim, the court shall order them to be brought in as defendants, if
jurisdiction over them can be obtained. (14)
Section 13. Answer to third (fourth, etc.)—party complaint. — A third (fourth, etc.) —
party defendant may allege in his answer his defenses, counterclaims or cross-claims,
including such defenses that the third (fourth, etc.) — party plaintiff may have against
the original plaintiff's claim. In proper cases, he may also assert a counterclaim against
the original plaintiff in respect of the latter's claim against the third-party plaintiff. (n)
RULE 7
PARTS AND CONTENTS OF PLEADING
Section 1. Caption. — The caption sets forth the name of the court, the title of the
action, and the docket number if assigned.
The title of the action indicates the names of the parties. They shall all be named in the
original complaint or petition; but in subsequent pleadings, it shall be sufficient if the
name of the first party on each side be stated with an appropriate indication when there
are other parties.
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Their respective participation in the case shall be indicated. (1a, 2a)
CONTENTS OF THE CAPTION
1. Name of the court

2. The title of the action; and
3. The docket number if assigned
The title of the action indicates the names of the parties.
HOW WILL THE PARTIES BE NAMED IN THE PLEADING?
1. They shall all be named in the original complaint or petition;

2. In subsequent pleadings, it shall be sufficient if the name of the first party on
each side be stated with an appropriate indication when there are other
parties.
3. Their respective participation in the case shall be indicated.
Section 2. The body. — The body of the pleading sets fourth its designation, the
allegations of the party's claims or defenses, the relief prayed for, and the date of the
pleading. (n)
(a) Paragraphs. — The allegations in the body of a pleading shall be divided into
paragraphs so numbered to be readily identified, each of which shall contain a
statement of a single set of circumstances so far as that can be done with
convenience. A paragraph may be referred to by its number in all succeeding
pleadings. (3a)
(b) Headings. — When two or more causes of action are joined the statement of
the first shall be prefaced by the words "first cause of action,'' of the second by
"second cause of action", and so on for the others.
When one or more paragraphs in the answer are addressed to one of several
causes of action in the complaint, they shall be prefaced by the words "answer to
the first cause of action" or "answer to the second cause of action" and so on;
and when one or more paragraphs of the answer are addressed to several
causes of action, they shall be prefaced by words to that effect. (4)
(c) Relief. — The pleading shall specify the relief sought, but it may add a
general prayer for such further or other relief as may be deemed just or
equitable. (3a, R6)
(d) Date. — Every pleading shall be dated. (n)
MATTERS CONTAINED IN THE BODY OF THE PLEADING
1. Its designation
2. The allegations of the party's claims or defenses
3. The relief prayed for
4. The date of the pleading
CAN THE COURT GRANT RELIEF NOT PRAYED FOR IN THE PLEADING?
- No. Courts cannot grant relief not prayed for in the pleading or in excess of
what is being sought by the party.
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Section 3. Signature and address. — (a) Every pleading and other written submissions

to the court must be signed by the party or counsel representing him or her.
(b) The signature of counsel constitutes a certificate by him or her that he or

she has read the pleading and document; that to the best of his or
her knowledge, information, and belief, formed after an inquiry reasonable under
the circumstances:
(1) It is not being presented for any improper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of litigation;
(2) The claims, defenses, and other legal contentions are warranted by
existing law or jurisprudence, or by a non-frivolous argument for
extending, modifying, or reversing existing jurisprudence;
(3) The factual contentions have evidentiary support or, if specifically so

identified, will likely have evidentiary support after availment of the modes
of discovery under these rules; and
(4) The denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of
information.
(c) If the court determines, on motion or motu proprio and after notice and
hearing, that this rule has been violated, it may impose an appropriate sanction
or refer such violation to the proper office for disciplinary action, on any attorney,
law firm, or party that violated the rule, or is responsible for the violation. Absent
exceptional circumstances, a law firm shall be held jointly and severally liable for
a violation committed by its partner, associate, or employee. The sanction may
include, but not limited to, non-monetary directives or sanctions; an order to pay
a penalty in court; or, if imposed on motion and warranted for effective
deterrence, an order directing payment to the movant of part or all of the
reasonable attorney's fees and other expenses directly resulting from the
violation, including attorney's fees for the filing of motion for sanction. The lawyer
or law firm cannot pass on the monetary penalty to the client.
REQUIREMENTS IN ORDER THAT PLEADINGS AND OTHER WRITTEN

SUBMISSON BE PRESENTED TO COURT?
- Every pleading and other written submissions to the court must be signed by
the party or counsel representing him or her.
EFFECTS OF THE SIGNATURE OF THE COUNSEL IN THE PLEADING
1. Certificate by him or her that he or she has read the pleading and document
2. That to the best of his or her knowledge, information, and belief, formed after
an inquiry reasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of litigation;
49
(2) The claims, defenses, and other legal contentions are warranted by
existing law or jurisprudence, or by a non-frivolous argument for
extending, modifying, or reversing existing jurisprudence;
(3) The factual contentions have evidentiary support or, if specifically so

identified, will likely have evidentiary support after availment of the modes
of discovery under these rules; and
(4) The denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of
information.
DUTY OF THE COUNSEL IN CASE OF CHANGE OF HIS ADDRESS
- to prompty inform the court of a change of his address
Section 4. Verification. — Except when otherwise specifically required by law or rule,

pleadings need not be under oath or verified.
A pleading is verified by an affidavit of an affiant duly authorized to sign said verification.

The authorization of the affiant to act on behalf of a party, whether in the form of a
secretary's certificate or a special power of attorney, should be attached to the pleading,
and shall allege the following attestations:
(a) The allegations in the pleading are true and correct based on his personal
knowledge, or based on authentic documents;
(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for
discovery.
The signature of the affiant shall further serve as a certification of the truthfulness of the
allegations in the pleading.
A pleading required to be verified that contains a verification based on "information and

belief," or upon "knowledge, information and belief," or lacks a proper verification, shall
be treated as an unsigned pleading.
VERIFICATION - is a statement under oath. It includes both the actual swearing to the
truth of the statements by the subscriber and also the certification thereto by the notary
or other officer authorized to administer oath.
WHAT IS THE RULE ON VERIFICATION OF A PLEADING UNDER THE AMENDED

RULES?
- Except when otherwise specifically required by law or rule, pleadings need

not be under oath or verified.
HOW WILL THE PLEADING BE VERIFIED?
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- A pleading is verified by an affidavit of an affiant duly authorized to sign said

verification.
NATURE OF VERIFICATION IN THE PLEADING
- Is ONLY a FORMAL and NOT a jurisdictional requisite. Non-compliance with

the requirement does not render the pleading fatally defective (Carbonilla,
et. al vs. Board of Airlines Representatives, GR No. 193247, September
14, 2011)
WHO MAY SIGN THE VERIFICATION OTHER THAN THE PLEADER?
Case Law : Colito T. Pajuyo vs. Court of Tax Appeals, GR No. 146364, June 3,
2004)
- The party need not sign the verification

- A party’s representative, lawyer or any person who personally knows the truth
of the facts alleged in the pleading may sign the verification
WHAT ARE THE REQUIREMENTS ON THE AUTHORIZATION OF THE AFFIANT TO

SIGN A VERIFICATION
- The authorization of the affiant to act on behalf of a party, whether in the form
of a secretary's certificate or a special power of attorney, should be attached
to the pleading, and shall allege the following attestations:
(a) The allegations in the pleading are true and correct based on his personal
knowledge, or based on authentic documents;
(b) The pleading is not filed to harass, cause unnecessary delay, or

needlessly increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if specifically
so identified, will likewise have evidentiary support after a reasonable
opportunity for discovery.
WHAT IS THE EFFECT IF THE PERSON WHO SIGNED THE VERIFICATION HAS
NO AUTHORITY TO DO SO?
CASE LAW : Atty. Fe Q. Palmiano-Salvador vs. Constantino Angeles, Substituted

by Luz G. Angeles, GR No. 171219, September 3, 2012
- In TAMONDONG VS. COURT OF APPEALS, if a complaint is filed for and in

behalf of the plaintiff by one who is not authorized to do so, the complaint is
not deemed filed.
- An authorized complaint does not produce any legal effect. Hence, the court
should dismiss the complaint on the ground that it has no jurisdiction over the
complaint and the plaintiff.
EFFECT OF DEFECTIVE VERIFICATION
- The pleading shall be treated as an unsigned pleading
Section 5. Certification against forum shopping. — The plaintiff or principal party shall
certify under oath in the complaint or other initiatory pleading asserting a claim for relief,
or in a sworn certification annexed thereto and simultaneously filed therewith: a) that he
51
has not theretofore commenced any action or filed any claim involving the same issues
in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such
other action or claim is pending therein; (b) if there is such other pending action or
claim, a complete statement of the present status thereof; and (c) if he should thereafter
learn that the same or similar action or claim has been filed or is pending, he shall
report that fact within five (5) calendar days therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed.
The authorization of the affiant to act on behalf of a party, whether in the form of a
secretary's certificate or a special power of attorney, should be attached to the pleading.
Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise provided, upon motion and
after hearing. The submission of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions. If the acts of the party or his counsel
clearly constitute willful and deliberate forum shopping, the same shall be ground for
summary dismissal with prejudice and shall constitute direct contempt, as well as a
cause for administrative sanctions.
FORUM SHOPPING - is the act of a litigant who repetitively availed of several judicial
remedies in different courts, simultaneously or successively, all substantially founded on
the same transactions and the same essential facts and circumstances, and all raising
substantially the same issue, either pending in or already resolved by some other court,
to increase the chances of obtaining a favorable decision If not in one court, then in
another.
ELEMENTS OF FORUM SHOPPING
CASE LAW : Ma. Victoria M. Galang vs. Peakhold Finance Corporation and the
Register of Deeds of Caloocan City, GR No. 233922, Jnauary 4, 2018)
- To determine whether a party violated the rule against forum shopping, it is

essential to ask whether a final judgment in one case will amount to RES
JUDICATA in another or whether the following elements of LITIS
PENDENTIA are present :
1. Identity of parties, or at least such parties are representing the same interests
in both actions
2. Identity of rights asserted and reliefs prayed for, the relief being founded on
the same facts
3. The identity of the two preceding particulars, such that any judgment
rendered in the other action will, regardless of which party is successful,
amount to RES JUDICATA
3 WAYS OF COMMITTING FORUM SHOPPING
1. By filing multiple cases based on the same cause of action and with the same
prayer, the previous case not having been resolved yet (LITIS PENDENTIA)
52
2. By filing multiple cases based on the same cause of action and with the same
prayer, the previous case having been finally resolved (RES JUDICATA)
3. By filing multiple cases based on the same cause of action but with the different
prayers splitting of causes of action, where the ground for dismissal is either litis
pendentia or res judicata.
NATURE OF DISMISSAL OF THE ACTION ON THE GROUND OF FORUM

SHOPPING
- The dismissal of the case based on act of forum shopping resultimg to litis
pendentia or barred by prior judgment is a DISMISSAL WITH PREJUDICE
and a final order that completely disposes of the case which bars the re-filing
of the case under Section 13, Rule 15, and therefore APPEALBLE under
Section 1, Rule 41
RULE ON THE CERTIFICATION AGAINST FORUM SHOPPING
- The plaintiff or principal party shall certify under oath in the complaint or other
initiatory pleading asserting a claim for relief, or in a sworn certification
annexed thereto and simultaneously filed therewith:
a) that he has not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement of the
present status thereof; and
(c) if he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report that fact within five (5) calendar days
therefrom to the court wherein his aforesaid complaint or initiatory pleading
has been filed.
REQUIREMENT OF AUTHORIZATION TO ACT FOR THE PARTY
- The authorization of the affiant to act on behalf of a party, whether in the form
of a secretary's certificate or a special power of attorney, should be attached
to the pleading.
CASE LAW : Carmelita V. Dizon vs. Jose Luis K. Matti, Jr., GR No. 215614, March
27, 2019
- It is the plaintiff of principal party who should execute the certification of non-
forum shopping under oath.. However, this rule is not entirely inflexible..
- If. For reasonable or justifiable reasons, the party-pleader is unable to sign
the certification, another person may be authorized to execute the certification
on his or her behalf through SPA.
REQUIREMENT IN CASE THE PARTY IS A CORPORATION
53
- Board Resolution is required in signing the certificate of non-forum shopping

in case of a corporation
CASE LAW :. Mediserv, Inc vs. Court of Appeals, GR No. 161368, April 5, 2010
- A corporation exercises it powers through its board of directors or its duly

authorized officers and agents..
- Physical acts, like signing of documents can be performed only by natural
persons duly authorized for the purpose by corporate by-laws or by a specific
act of the board of directors.
EFFECTS OF FAILURE TO COMPLY WITH THE RULE
1. Failure to comply with the foregoing requirements shall not be curable by

mere amendment of the complaint or other initiatory pleading;
2. But shall be cause for the dismissal of the case without prejudice, unless
otherwise provided, upon motion and after hearing.
NATURE OF DISMISSAL FOR LACK OF CERTIFICATION AGAINST FORUM

SHOPPING
- It is without prejudice to the refiling

- Remedy is refiling of the action since the dismissal for lack of certification
against forum shopping does not fall under paragraph f, h, and i of Section
13, Rule 15
NATURE OF DISMISSAL OF THE ACTION ON THE GROUND OF FORUM

SHOPPING RESULTING TO LOTIS PENDENTIA OR BARRED BY PRIOR
JUDGMENT
- Dismissal with prejudice and a final order that completely disposes of the
case which bars the re-filing of the case under SEC. 13, RULE 15 OF THE
2019 AMENDMENTS TO THE RCP :
Section 13. Dismissal with prejudice. — Subject to the right of appeal, an order

granting a motion to dismiss or an affirmative defense that the cause of action is
barred by a prior judgment or by the statute of limitations; that the claim or
demand set forth in the plaintiffs pleading has been paid, waived, abandoned or
otherwise extinguished; or that the claim on which the action is founded is
unenforceable under the provisions of the statute of frauds, shall bar the refiling
of the same action or claim.
RULE ON THE CERTIFICATION AGAINST FORUM SHOPPING
- The plaintiff or principal party shall certify under oath in the complaint or other
initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto
and simultaneously filed therewith:
a) that he has not theretofore commenced any action or filed any claim involving
the same issues in any court, tribunal or quasi-judicial agency and, to the best of
his knowledge, no such other action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement of the
present status thereof; and
54
(c) if he should thereafter learn that the same or similar action or claim has been
filed or is pending, he shall report that fact within five (5) calendar days therefrom
to the court wherein his aforesaid complaint or initiatory pleading has been filed.
WHO HAS THE DUTY TO DECLARE PENDING SUITS IN THE CERTIFICATION OF

NON-FORUM SHOPPING?
- Duty of the plaintiff, NOT THE DEFENDANT
EFFECT OF THE SUBMISSION OF FALSE OR NON-COMPLIANCE WITH THE

UNDERTAKING
- The submission of a false certification or non-compliance with any of the

undertakings therein shall :
1. constitute indirect contempt of court, without prejudice to the

corresponding administrative and criminal actions.
2. If the acts of the party or his counsel clearly constitute willful and
deliberate forum shopping, the same shall be ground for summary
dismissal with prejudice and shall constitute direct contempt, as well as a
cause for administrative sanctions.
NON-COMPLIANCE OF THE NON-COMPLIANCE OF

REQUIREMENT OR SUBMISSION OF CERTIFICATION ON NON-FORUM
DEFECTIVE VERIFICATION SHOPPING
1. Not necessarily render the 1. Generally not curable by its

pleading fatally defective.. The subsequent submission or correction
court may order its submission or thereof, unless there is a need to relax
correction or act on the pleading if the Rule on the ground of “substantial
the attending circumstances are compliance” or presence of “special
such that strict compliance with the circumstances or compelling reasons”
Rule may be dispensed with in
order that the ends of justice may
be served thereby.
2. Deemed complied with when one who 2. Must be signed by all the plaintiffs or
has ample knowledge to swear to the petitioners in a case; otherwise, those
truth of the allegations in the complaint or who did not sign will be dropped as
petition signs the verification, and when parties to the case.
matters alleged in the petition have been
made in good faith or are true and correct Under reasonable or justifiable
circumstances, as when all the plaintiffs
or petitioners share a common interest
and invoke a common cause of action or
defense, the signature of only one of
them in the certification against forum
shopping substantially complied with the
Rule
3. A pleading is verified by an affidavit of 3. The certification against forum
an affiant duly authorized to sign said shopping must be executed by the party-
verification. pleader, not by his counsel.
The authorization of the affiant to act on However, for reasonable or justifiable

behalf of a party should be attached to reason, the party pleader is unable to
the pleading sign, he must execute a SPA designating
his counsel of record to sign on his
55
behalf.
Section 6. Contents. — Every pleading stating a party's claims or defenses shall, in

addition to those mandated by Section 2, Rule 7, state the following:
(a) Names of witnesses who will be presented to prove a party's claim or

defense;
(b) Summary of the witnesses' intended testimonies, provided that the judicial
affidavits of said witnesses shall be attached to the pleading and form an integral
part thereof. Only witnesses whose judicial affidavits are attached to the pleading
shall be presented by the parties during trial. Except if a party presents
meritorious reasons as basis for the admission of additional witnesses, no other
witness or affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the allegations contained in

the pleading. (n)
RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
Section 1. In general. — Every pleading shall contain in a methodical and logical form,
a plain, concise and direct statement of the ultimate facts, including the evidence on
which the party pleading relies for his claim or defense, as the case may be.
If a cause of action or defense relied on is based on law, the pertinent provisions thereof
and their applicability to him or her shall be clearly and concisely stated.
WHAT IS THE MANNER OF MAKING ALLEGATION IN A PLEADING?
- Every pleading shall contain :
1. A methodical and logical form, a plain, concise and direct statement of the
ultimate facts
2. It shall include the evidence on which the party pleading relies for his claim or
defense, as the case may be.
HOW TO MAKE AN ALLEGATION IN THE PLEADING BASED ON LAW
- If a cause of action or defense relied on is based on law, the pertinent

provisions thereof and their applicability to him or her shall be clearly and
concisely stated.
Section 2. Alternative causes of action or defenses. — [No amendment]
A party may set forth two or more statements of a claim or defense

alternatively or hypothetically, either in one cause of action or defense or in
separate causes of action or defenses. When two or more statements are
made in the alternative and one of them if made independently would be
sufficient, the pleading is not made insufficient by the insufficiency of one
or more of the alternative statements.
Section 3. Conditions precedent. — [No amendment]
56
In any pleading a general averment of the performance or occurrence of all

conditions precedent shall be sufficient.
Section 4. Capacity. — [No amendment]
Facts showing the capacity of a party to sue or be sued or the authority of

a party to sue or be sued in a representative capacity or the legal existence
of an organized association of persons that is made a party, must be
averred. A party desiring to raise an issue as to the legal existence of any
party or the capacity of any party to sue or be sued in a representative
capacity, shall do so by specific denial, which shall include such
supporting particulars as are peculiarly within the pleader's knowledge.
HOW TO ALLEGE CAPACITY OR AUTHORITY TO SUE OR BE SUED OF A PARTY
- Facts showing the capacity of a party to sue or be sued or the authority of a

party to sue or be sued in a representative capacity or the legal existence of
an organized association of persons that is made a party, must be averred.
CASE LAW : Heirs of Paciano Yabao , represented by Remedios Chan vs. Paz
Lentejas Van Der Kolk, GR No. 207266, June 25, 2014)
- The party bringing suit has the burden of proving the sufficiency of the
representative character that he claims.
- If a compliant is filed by one who claims to represent a party as plaintiff but
who, in fact, is not authorized to do so, such compliant is not deemed filed
and the court does not acquire jurisdiction over the complaint.
- It bears stressing that an unauthorized complaint does not produce any legal
effect.
HOW TO OBJECT ON THE CAPACITY OR AUTHORITY TO SUE OR BE SUED OF A

PARTY?
- A party desiring to raise an issue as to the legal existence of any party or the
capacity of any party to sue or be sued in a representative capacity, shall do
so by SPECIFIC DENIAL, which shall include such supporting particulars as
are peculiarly within the pleader's knowledge.
Section 5. Fraud, mistake, condition of the mind. — [No amendment]
In all averments of fraud or mistake, the circumstances constituting fraud

or mistake must be stated with particularity. Malice, intent, knowledge or
other condition of the mind of a person may be averred generally.
HOW TO ALLEGE FRAUD OR MISTAKE IN THE PLEADING
- In all averments of fraud or mistake, the circumstances constituting fraud or

mistake must be stated with PARTICULARITY.
HOW TO ALLEGE MALICE, INTENT, KNOWLEDGE OR OTHER CONDITION OF

MIND OF A PERSON IN THE PLEADING
- Malice, intent, knowledge or other condition of the mind of a person may be

averred generally.
57
Section 6. Judgment. — In pleading a judgment or decision of a domestic or foreign

court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the
judgment or decision without setting forth matter showing jurisdiction to render it. An
authenticated copy of the judgment or decision shall be attached to the pleading.
Section 7. Action or defense based on document. — Whenever an action or defense is

based upon a written instrument or document, the substance of such instrument or
document shall be set forth in the pleading, and the original or a copy thereof shall be
attached to the pleading as an exhibit, which shall be deemed to be a part of the
pleading. (BAR EXAM 2017)
ACTIONABLE DOCUMENT – a written instrument or document on which an action or

defense is founded.
HOW TO MAKE AN ALLEGATION IN THE PLEADING IN CASE AN ACTION OR

DEFENSE IS BASED ON ACTIONABLE DOCUMENT
- Whenever an action or defense is based upon a written instrument or

document, it is necessary to allege :
1. The substance of such instrument or document shall be set forth in the

pleading
2. The original or a copy thereof shall be attached to the pleading as an exhibit,
which shall be deemed to be a part of the pleading.
Section 8. How to contest such documents. — [No amendment]
When an action or defense is founded upon a written instrument, copied in

or attached to the corresponding pleading as provided in the preceding
section, the genuineness and due execution of the instrument shall be
deemed admitted unless the adverse party, under oath, specifically denies
them, and sets forth what he claims to be the facts; but the requirement of
an oath does not apply when the adverse party does not appear to be a
party to the instrument or when compliance with an order for an inspection
of the original instrument is refused.
HOW TO OBJECT ON THE ALLEGATION BASED ON ACTIONABLE DOCUMENT
- When an action or defense is founded upon a written instrument, copied in or

attached to the corresponding pleading as provided in the preceding section,
the genuineness and due execution of the instrument shall be deemed
admitted unless :
1. The adverse party, under oath, specifically denies them; and

2. Sets forth what he claims to be the facts
WHEN CAN THE GENUINENESS AND DUE EXECUTION OF AN ACTIONABLE

DOCUMENT NOT DEEMED ADMITTED EVEN IF THE PLEADING IS NOT UNDER
OATH?
- The requirement of an oath does not apply when :
1. The adverse party does not appear to be a party to the instrument; or

2. When compliance with an order for an inspection of the original
instrument is refused.
Section 9. Official document or act. — [No amendment]
58
In pleading an official document or official act, it is sufficient to aver that

the document was issued or the act done in compliance with law.
HOW TO ALLEGE OFFICIAL DOCUMENT OR OFFICIAL ACT IN A PLEADING?
- In pleading an official document or official act, it is sufficient to aver that the

document was issued or the act done in compliance with law.
Section 10. Specific denial. — [No amendment]
A defendant must specify each material allegation of fact the truth of which
he does not admit and, whenever practicable, shall set forth the substance
of the matters upon which he relies to support his denial. Where a
defendant desires to deny only a part of an averment, he shall specify so
much of it as is true and material and shall deny only the remainder. Where
a defendant is without knowledge or information sufficient to form a belief
as to the truth of a material averment made in the complaint, he shall so
state, and this shall have the effect of a denial.
HOW TO MAKE AN ABSOLUTE DENIAL OF A MATERIAL ALLEGATION IN THE

PLEADING?
- A defendant must specify each material allegation of fact the truth of which he
does not admit and, whenever practicable, shall set forth the substance of the
matters upon which he relies to support his denial. (ABSOLUTE DENIAL)
HOW TO MAKE A PARTIAL DENIAL OF A MATERIAL ALLEGATION IN THE

PLEADING?
- Where a defendant desires to deny only a part of an averment, he shall

specify so much of it as is true and material and shall deny only the
remainder. (PARTIAL DENIAL)
HOW TO MAKE A DENIAL FOR WANT OF KNOWLEDGE OF A MATERIAL

ALLEGATION IN THE PLEADING UNDER THE NEW RULES?
- Where a defendant is without knowledge or information sufficient to form a

belief as to the truth of a material averment made in the complaint, he shall so
state, and this shall have the effect of a denial. (DENIAL BY DISAVOWAL
OF KNOWLEDGE)
Section 11. Allegations not specifically denied deemed admitted. —

Material averments in a pleading asserting a claim or claims, other than those as to the
amount of unliquidated damages, shall be deemed admitted when not specifically
denied.
EFFECT IN CASE THE MATERIAL AVERMENT IN THE PLEADING IS NOT

SPECIFICALLY DENIED
- shall be deemed admitted when not specifically denied.
Section 12. Affirmative defenses. — (a) A defendant shall raise his affirmative defenses
in his answer, which shall be limited to the reasons set forth under Section 5(b), Rule 6,
and the following grounds:
59
1. That the court has no jurisdiction over the person of the defending
party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to sue;
4. That the pleading asserting the claim states no cause of action; and
5. That a condition precedent for filing the claim has not been complied
with.
(b) Failure to raise the affirmative defenses at the earliest opportunity shall
constitute a waiver thereof.
(c) The court shall motu proprio resolve the above affirmative defenses within
thirty (30) calendar days from the filing of the answer.
(d) As to the other affirmative defenses under the first paragraph of Section 5(b),
Rule 6, the court may conduct a summary hearing within fifteen (15) calendar
days from the filing of the answer. Such affirmative defenses shall be resolved by
the court within thirty (30) calendar days from the termination of the summary
hearing.
(e) Affirmative defenses, if denied, shall not be the subject of a motion for
reconsideration or petition for certiorari, prohibition or mandamus, but may be
among the matters to be raised on appeal after a judgment on the merits. (n)
AFFIRMATIVE DEFENSES WHICH CAN BE RAISED IN THE ANSWER
- A defendant shall raise his affirmative defenses in his answer, which shall be
limited to the reasons set forth under Section 5(b), Rule 6, and the following
grounds:
1. That the court has no jurisdiction over the person of the defending
party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity to sue;
4. That the pleading asserting the claim states no cause of action; and
5. That a condition precedent for filing the claim has not been complied
with.
1. THAT THE COURT HAS NO JURISDICTION OVER THE PERSON OF THE

DEFENDING PARTY
HOW CAN THE COURT ACQUIRE JURISDICTION OVER THE PERSON OF THE
DEFENDANT?
- Either :
a. through SERVICE OF SUMMONS; or

b. through VOLUNTARY APPEARANCE IN COURT and SUBMISSION TO ITS
AUTHORITY
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- If a defendant has not been properly summoned, the court acquires NO

jurisdiction over its person and a judgment rendered against it is NULL and
VOID.
OBJECTIONS to jurisdiction over the person of the defendant may be raised as an

affirmative defense in the answer.
2. THAT VENUE IS IMPROPERLY LAID;
EFFECT IF THE CASE WAS FILED ON A WRONG VENUE
- May be dismissed WITHOUT PREJUDICE
CASE LAW : Ley Construction and Development Corporation vs. Marvin Medel
Sedano, GR No. 222711, August 23, 2017
- Since the lease contract already provided that all actions or cases involving
the breach thereof should be filed with the RTC of Pasay City and that
petitioner’s complaint purporting the said breach fell within the RTC’s
exclusive original jurisdiction, the latter should have then followed the
contractual stipulation and filed its complaint before the RTC of Pasay City.
- However, petitioner filed its complaint with the Valenzuela – RTC
- Dismissible on the ground of IMPROPER VENUE, without prejudice to its

refiling in the proper court
CAN THE COURT MOTU PROPIO DISMISS THE CASE BASED ON IMPROPER
VENUE?
- No. since it is not one of the grounds mentioned in SECTION 1, RULE 9 and
can be waived for failure to object.
EFFECT IF OBJECTION ON IMPROPER VENUE IS NOT RAISED IN THE ANSWER?

- Waived
CASE LAW : BPI Family Savings Bank, Inc. vs. Spouses Benedicto & Teresita
Yujuico, GR No. 175796, July 22, 2015
- Venue is procedural, not jurisdictional requirement, and may be waived by the

defendant if not seasonably raised either in a motion to dismiss or in the
answer.
- Section 1, Rule 9 of the Rules of Court expressly stipulates that defenses and
objections not pleaded either in a motion to dismiss or in the answer are
deemed waived.
3. THAT THE PLAINTIFF HAS NO LEGAL CAPACITY TO SUE
PERSONS WHO HAVE NO LEGAL CAPACITY TO SUE
1. When the plaintiff is not in full exercise of his civil rights (those suffering from
civil interdiction)
2. If the plaintiff does not have the character or representation that he claims
3. Foreign corporation doing business in the Philippines without securing a
license
4. Minority
61
5. Insanity
6. Lack of juridical personality
7. Incompetence
EFFECT IF THE PERSON WHO FILED THE CASE HAS NO LEGAL CAPACITY TO
SUE
- A complaint filed by one who claims to represent a party as plaintiff but who is
not authorized to do so, such complaint is not deemed filed and the court does not
acquire jurisdiction over the complaint and the action should be dismissed.
4. THAT THE PLEADING ASSERTING THE CLAIM STATES NO CAUSE

OF ACTION
EFFECT IF THE COMPLAINT FAILS TO STATE A CAUSE OF ACTION
- The complaint shall be dismissed.
FAILURE TO STATE A CAUSE OF LACK OF CAUSE OF ACTION

ACTION
1. Made by raising the ground as an 1. A demurrer is filed after the plaintiff has
affirmative defense in the answer completed the presentation of his
evidence/rested its case
2. Is determined on the basisof the 2. Predominantly based on the
allegations in the complaint of the appreciation of evidence
plaintiff
3. May still be curable by an 3. When issues not raised by the

amendment of the pleadings are tried with the express or
answer/pleading by leave of court implied consent of the parties, they shall
(Sec 3, Rule 10) be treated in all respects as if they had
been raised in the pleadings.
No amendment of such pleadings

deemed amended is necessary to cause
them to conform to the evidence. (Section
5, Rule 10)
4. Affirmative defenses, if denied, 4. If a demurrer is denied, the defendant
shall not be the subject of a motion shall have the right to present evidence.
for reconsideration or petition for
certiorari, prohibition or
mandamus, but maybe among the
matters to be raised on appeal
after a judgment on the merits.
(Sec. 12, Rule 8)
5. If the affirmative defense of failure 5. If a demurrer to evidence is granted,

to state a cause of action has been the dismissal is with prejudice, as the
granted, the dismissal is without same is considered a judgment on the
prejudice to the refiling of the merits of the case, hence, the remedy of
action the pkaintiff is to appeal from such
judgment.
Consequently, on appeal, if the judgment

was reversed, the defendant shall be
62
deemed to have waived his right to

present his evidence.
6. May be invoked in an answer as 6. The ground of insufficiency of evidence
an affirmative pleading may be invoked in a motion for demurrer
to evidence, in a motion for
reconsideration or in an appeal
memorandum.
5. THAT A CONDITION PRECEDENT FOR FILING THE CLAIM HAS NOT BEEN
COMPLIED WITH.
REMEDY OF THE DEFENDANT IN CASE THERE IS FAILURE TO COMPLY WITH

BRGY. CONCILIATION
- File responsive pleading and raise the issue of lack of referral of the case to
the barangay as an affirmative defense on the ground that there is faiure to
comply with the condition precedent of barangay conciliation
EFFECT OF GRANTING OF THE AFFIRMATIVE DEFENSE OF LACK OF

BARANGAY CONCILIATION
- CASE MAY BE DISMISSED for failure to comply with the condition precedent
of lack of barangay conciliation without prejudice to the refiling of the action
since it is not one of the grounds mentioned in Section 13, Rule 15 that bars
the refiling of the action.
WHAT ARE THE AFFIRMATIVE DEFNSES UNDER SECTION 5(B) RULE 6?
1. Fraud
2. Statute of Limitations
3. Release
4. Payment
5. Illegality
6. Statute of Frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy
10. Any other matter by way of confession and avoidance
WHAT IS THE EFFECT OF FAILURE TO RAISE THE AFFIRMATIVE DEFENSES IN

THE NASWER UNDER THE AMENDED RULES?
- Constitutes a waiver thereof
CAN THE COURT MOTU PROPIO RESOLVE THE AFFIRMAIVE DEFENSES UNDER
THE AMENDED RULES?
- Yes. Within 30 days from the filing of the answer
ACTIONS OF THE COURT AS REGARDS AFFIRMATIVE DEFENSES UNDER

SECTION 5(B) RULE 6 UNDER THE AMENDED RULES
- The court may perform the following:
63
1. Conduct a summary hearing within 15 calendar days from the filing of the answer
2. Such affirmative defenses shall be resolved by the court within 30 calendar days
from the termination of the summary hearing.
REMEDY IN CASE OF DENIAL OF THE AFFIRMATIVE DEFENSES UNDER THE

AMENDED RULES?
- Shall not be the subject of an MR or petition for certiorari, prohibition or

mandamus, but may be among the matters to be raised on appeal after a
judgment on the merits
Section 13. Striking out of pleading or matter contained therein. — Upon motion made
by a party before responding to a pleading or, if no responsive pleading is permitted by
these Rules, upon motion made by a party within twenty (20) calendar days after the
service of the pleading upon him or her, or upon the court's own initiative at any time,
the court may order any pleading to be stricken out or that any sham or false,
redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom. (12)
RULE 9
EFFECT OF FAILURE TO PLEAD
Section 1. Defenses and objections not pleaded. — [No amendment]
Defenses and objections not pleaded either in a motion to dismiss or in the

answer are deemed waived. However, when it appears from the pleadings
or the evidence on record that the court has no jurisdiction over the
subject matter, that there is another action pending between the same
parties for the same cause, or that the action is barred by a prior judgment
or by statute of limitations, the court shall dismiss the claim.
OMNIBUS MOTION RULE
- Section 8, Rule 15 of the Rules of Court defines an omnibus motion as a

motion attacking a pleading, judgment or proceeding. Thus, the motion must
raise and include all objections available at the time of the filing of the motion
because under Section 8 : all objections not so included shall be deemed
waived.
EFFECT IF THE OBJECTIONS OR DEFENSES ARE NOT PLEADED?
- Defenses and objections not pleaded either in a motion to dismiss or in the

answer are deemed waived
EXCEPT :
1. No jurisdiction over the subject matter

2. That there is another action pending between the same parties for the
same cause (LITIS PENDENTIA)
64
REQUISITES
1. Identity of parties, or atleast, such parties as represent the same interests

in both actions
2. Identity of rights asserted and relief prayed for, the relief being founded on
the same facts
3. Identity of the two preceding particulars is such that any judgment
rendered in the pending case, regardless of which party is successful
would amount to res judicata in the other.
3. That the action is barred by a prior judgment (RES JUDICATA)

4. By statute of limitations
- The court shall dismiss the claim MOTU PROPIO
Section 2. Compulsory counterclaim, or cross-claim, not set up barred. — [No

amendment]
A compulsory counterclaim, or a cross-claim, not set up shall be barred.
Section 3. Default; Declaration of. — [No amendment]
(a) Effect of order of default. — [No amendment]
(b) Relief from order of default. — [No amendment]
(c) Effect of partial default. — [No amendment]
(d) Extent of relief to be awarded. — [No amendment]
If the defending party fails to answer within the time allowed therefor, the
court shall, upon motion of the claiming party with notice to the defending
party, and proof of such failure, declare the defending party in default.
Thereupon, the court shall proceed to render judgment granting the
claimant such relief as his pleading may warrant, unless the court in its
discretion requires the claimant to submit evidence. Such reception of
evidence may be delegated to the clerk of court.
(a) Effect of order of default. - A party in default shall be entitled to notice of

subsequent proceedings but not to take part in the trial.
(b) Relief from order of default. - A party declared in default may at any time
after notice thereof and before judgment file a motion under oath to set
aside the order of default upon proper showing that his failure to
answer was due to fraud, accident, mistake or excusable negligence
and that he has a meritorious defense. In such case, the order of default
may be set aside on such terms and conditions as the judge may
impose in the interest of justice.
(c) Effect of partial default. - When a pleading asserting a claim states a

common cause of action against several defending parties, some of
whom answer and the others fail to do so, the court shall try the case
against all upon the answers thus filed and render judgment upon the
evidence presented.
65
(d) Extent of relief to be awarded. - A judgment rendered against a party in

default shall not exceed the amount or be different in kind from that
prayed for nor award unliquidated damages.
(e) Where no defaults allowed. — If the defending party in an action for

annulment or declaration of nullity of marriage or for legal separation fails to
answer, the court shall order the Solicitor General or his or her deputized
public prosecutor, to investigate whether or not a collusion between the
parties exists, and if there is no collusion, to intervene for the State in order to
see to it that the evidence submitted is not fabricated.
EFFECT IF THE DEFENDANT FAILS TO FILE AN ANSWER
- The Court, shall upon motion of the claiming party with notice to the
defending party, and proof of such failure, declare the defending party in
default.
REQUIREMENTS FOR THE DECLARATION OF DEFAULT
CASE : MOMARCO IMPRT COMPANY, INC. VS. FELICIDAD VILLAMENA,

GR NO. 192477, July 27, 2016
1. That the claiming party must file a Motion in writing praying that the court
declare defendant in default
2. The Defendant must be notified of the motion
3. Proof that defendant failed to file answer within the reglementary period
- DEFAULT cannot be declared motu propio
EFFECTS OF DEFAULT ORDER
- Lose their right to object to the reception of the plaintiff’s evidence

establishing his cause of action.
- A party in default shall be entitled to notice of subsequent proceedings but not
to take part in the trial.
REMEDY OF A PARTY DECLARED IN DEFAULT?
- A party declared in default may at any time after notice thereof and before
judgment file a motion under oath to set aside the order of default upon
proper showing that :
1. his failure to answer was due to fraud, accident, mistake or excusable

negligence; and
2. That he has a meritorious defense.
EXTRINSIC FRAUD - any fraudulent act of the 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.
ACCIDENT - an event that takes place without one’s foresight or expectation
66
MISTAKE - error in action or a blunder
EXCUSABLE NEGLIGENCE - failure to take the proper steps at the proper

time, not in consequence of the party’s own carelessness, inattention, or willful
disregard of the process of the court but in consequence of some unxecpected or
unavoidable hindrance or accident or reliance on the care and vigilance of his
counsel or on promises made by the adverse party.
PHILIPPINE TOURISM AUTHORITY VS. PHIL. GOLF DEVELOPMENT AND

EQUIPMENT, INC., GR NO. 176628, MARCH 19, 2012
- A client is bound by the acts, even mistakes of his counsel in the realm of
procedural technique and unless such acts involve gross negligence that the
claiming party can prove, the acts of a counsel bind the client as if it had been
the latter’s acts.
REMEDY INCASE OF DENIAL OF MOTION TO LIFT ORDER OF DEFAULT
1. File a Motion for Reconsideration

2. If MR is denied, PETITION FOR CERTIORARI under Rule 65 is available
since the orders are interlocutory orders which are not appealable under
Section 1(b) of Rule 41 and tye denial is attendant with grave abuse of
discretion amounting to lack or in excess of jurisdiction
DEFAULT IS PROHIBITED IN :
1. In an action for annulment or declaration of nullity of marriage or for legal

separation fails to answer, the Court shall order the Solicitor General or his
deputized public prosecutor to investigate whether or not collusion between
the parties exists and if there is no collusion, to intervene for the state in order
to see it that the evidence submitted is not fabricated.
2. Forcible entry and unlawful detainer
3. Small claims cases
4. Petition for Writ of Kalikasan
5. Petition for Contiunuing Mandamus
6. Petition for Writ of Amparo
7. Petition for Writ of Habeas Data
8. Environmental Cases
ACTION OF THE COURT AFTER THE DECLARATION OF DEFAULT
- The court shall proceed to render judgment granting the claimant such relief
as his or her pleading may warrant, unless the court in its discretion requires
the claimant to submit evidence.
JUDGMENT BY DEFAULT
67
- Is a judgment rendered by the court based on the presentation of the

plaintiff’s evidence ex parte after the defendant has been declared in default
and the award shall not exceed the amount or be different from the kind of
prayer that the plaintiff complained as the facts and evidence so warrant.
RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS
Section 1. Amendments in general. — [No amendment]
Pleadings may be amended by adding or striking out an allegation or the name of

any party, or by correcting a mistake in the name of a party or a mistaken or
inadequate allegation or description in any other respect, so that the actual
merits of the controversy may speedily be determined, without regard to
technicalities, and in the most expeditious and inexpensive manner.
HOW WILL AMENDMENT BE MADE
1. By adding or striking out an allegation or the name of any party, or

2. By correcting a mistake in the name of a party or a mistaken or inadequate
allegation or description in any other respect, so that the actual merits of the
controversy may speedily be determined, without regard to technicalities, and
in the most expeditious and inexpensive manner.
Section 2. Amendments as a matter of right. — A party may amend his pleading once
as a matter of right at any time before a responsive pleading is served or, in the case of
a reply, at any time within ten (10) calendar days after it is served.
WHEN IS AMENDMENT A MATTER OF RIGHT?
- at any time before a responsive pleading is served or, in the case of a reply,
at any time within ten (10) calendar days after it is served.
CAN THE PLEADING BE AMENDED AS A MATTER OF RIGHT EVEN IF THE

DEFENDANT FILES A MOTION TO DISMISS?
- Yes. A motion to dismiss is not a responsive pleading.
REMEDY IN CASE OF DENIAL OF THE MOTION TO AMEND AS A MATTER OF

RIGHT
- File a Petition for Mandamus under Section 3, Rule 65 since it is ministerial

duty on the part of the court to allow amendment on the pleading before the
filing of a responsive pleading.
IS SERVICE OF SUMMONS REQUIRED IN CASE OF AMENDMENT OF THE

PLEADING
- Required on,y in case of an amendment when the court has not yet acquired
jurisdiction over the person of the defendant, nor filed his answer, neuther he
voluntarily submitted to the jurisdiction of the court.
68
Section 3. Amendments by leave of court. — Except as provided in the next preceding

Section, substantial amendments may be made only upon leave of court. But such
leave shall be refused if it appears to the court that the motion was made with intent to
delay or confer jurisdiction on the court, or the pleading stated no cause of action from
the beginning which could be amended. Orders of the court upon the matters provided
in this Section shall be made upon motion filed in court, and after notice to the adverse
party, and an opportunity to be heard.
WHEN IS AMENDMENT WITH LEAVE OF COURT?
- Except as provided in the next preceding Section, substantial amendments

may be made only upon leave of court
SUBSTANTIAL AMENDMENTS
- Kind of amendment which changes the plaintiff’s cause of action is technically

a new complaint or adding new parties.
GROUNDS FOR THE DENIAL OF LEAVE OF COURT BY THE COURT
1. The motion was made with intent to delay; or

2. It is intended to confer jurisdiction on the court, or
3. The pleading stated no cause of action from the beginning which could be
amended
REQUIREMENTS FOR THE ISSUANCE OF AN ORDER TO AMEND WITH LEAVE

OF COURT
1. Upon motion filed in court

2. After notice to the adverse party, and
3. an opportunity to be heard.
LIMITATIONS ON THE AMENDMENT AS A MATTER OF DISCRETION OR AFTER

THE FILING OF THE ANSWER
1. It should not substantially change the cause of action

2. It shall not alter the theory of the case
3. It was made to delay the action
Section 4. Formal amendments. — [No amendment]
A defect in the designation of the parties and other clearly clerical or

typographical errors may be summarily corrected by the court at any stage of the
action, at its initiative or on motion, provided no prejudice is caused thereby to
the adverse party.
Section 5. No amendment necessary to conform to or authorize presentation of

evidence. — When issues not raised by the pleadings are tried with the express or
implied consent of the parties, they shall be treated in all respects as if they had been
raised in the pleadings. No amendment of such pleadings deemed amended is
necessary to cause them to conform to the evidence.
Section 6. Supplemental pleadings. — Upon motion of a party, the court may, upon
reasonable notice and upon such terms as are just, permit him or her to serve a
supplemental pleading setting forth transactions, occurrences or events which have
69
happened since the date of the pleading sought to be supplemented. The adverse party
may plead thereto within ten (10) calendar days from notice of the order admitting the
supplemental pleading.
AMENDED VS. SUPPLEMENTAL PLEADING
AMENDED PLEADING SUPPLEMENTAL PLEADING
1. The filing of the AP may either as a 1. The filing of SP is always with

matter of right or with leave of leave of court
court
2. AP alleges facts that occurred 2. SP alleges facts occurring after the

before the filing of the original filing of the original pleading
pleading
3. AP supersedes the original 3. SP does not supersede the original

pleading it amends pleading but assumes that the original
pleading is to stand.
Section 7. Filing of amended pleadings. — [No amendment]
When any pleading is amended, a new copy of the entire pleading, incorporating
the amendments, which shall be indicated by appropriate marks, shall be filed.
REQUIREMENTS IN THE FILING OF AN AMENDED PLEADING
1. A new copy of the entire pleading

2. Incorporating the amendments;
3. It shall be indicated by appropriate marks, shall be filed.
Section 8. Effect of amended pleadings. — An amended pleading supersedes the

pleading that it amends. However, admissions in superseded pleadings may
be offered in evidence against the pleader, and claims or defenses alleged therein not
incorporated in the amended pleading shall be deemed waived.
EFFECTS OF THE AMENDMENT OF THE PLEADING
1. Supersedes the pleading that it amends

2. Admissions in superseded pleadings may be offered in evidence against the
pleader
3. Claims or defenses alleged therein not incorporated in the amended pleading
shall be deemed waived
OTHER EFFECTS :
4. The admissions made in the original pleading shall be treated as an extra-

judicial admission which shall be alleged and proved;
5. Any ancillary order/remedy issued in the original pleading shall be treated as
an extra-judicial admission which shall be alleged and proved;
6. It requires another certification of non-forum shopping if it is substantial
amendment of the original complaint
70
7. In case the complaint is amended, it requires the service of summons if the

defendant has not yet appeared before the court and submitted to its
jurisdiction
RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
Section 1. Answer to the complaint. — The defendant shall file his answer to the
complaint within thirty (30) calendar days after service of summons, unless a different
period is fixed by the court.
PERIOD TO FILE AN ANSWER
- within thirty (30) calendar days after service of summons, unless a different

period is fixed by the court.
Section 2. Answer of a defendant foreign private juridical entity. — Where the

defendant is a foreign private juridical entity and service of summons is made on the
government official designated by law to receive the same, the answer shall be filed
within sixty (60) calendar days after receipt of summons by such entity.
Where the defendant is a foreign private juridical entity and service of summons
is made on the government official designated by law to receive the same
- answer shall be filed within sixty (60) calendar days after receipt of summons

by such entity.
Section 3. Answer to amended complaint. — When the plaintiff files an amended

complaint as a matter of right, the defendant shall answer the same within thirty (30)
calendar days after being served with a copy thereof.
Where its filing is not a matter of right, the defendant shall answer the amended
complaint within fifteen (15) calendar days from notice of the order admitting the same.
An answer earlier filed may serve as the answer to the amended complaint if no new
answer is filed.
This Rule shall apply to the answer to an amended counterclaim, amended cross-claim,
amended third (fourth, etc.)-party complaint, and amended complaint-in-intervention.
WHEN THE PLAINTIFF FILES AN AMENDED COMPLAINT AS A MATTER OF

RIGHT
- answer the same within thirty (30) calendar days after being served with a
copy thereof.
WHERE ITS FILING IS NOT A MATTER OF RIGHT
- the defendant shall answer the amended complaint within fifteen (15)

calendar days from notice of the order admitting the same.
IF NO NEW ANSWER IS FILED
- An answer earlier filed may serve as the answer to the amended complaint
71
Section 4. Answer to counterclaim or cross-claim. — A counterclaim or cross-claim

must be answered within twenty (20) calendar days from service.
Section 5. Answer to third (fourth, etc.)-party complaint. — [No amendment]
Section 6. Reply. — A reply, if allowed under Section 10, Rule 6 hereof, may be filed
within fifteen (15) calendar days from service of the pleading responded to.
Section 7. Answer to supplemental complaint. — A supplemental complaint may be

answered within twenty (20) calendar days from notice of the order admitting the same,
unless a different period is fixed by the court. The answer to the complaint shall serve
as the answer to the supplemental complaint if no new or supplemental answer is filed.
(7)
Section 8. Existing counterclaim or cross-claim. — [No amendment]
Section 9. Counterclaim or cross-claim arising after answer. — [No amendment]
Section 10. Omitted counterclaim or cross-claim. — [No amendment]
Section 11. Extension of time to file an answer. — A defendant may, for meritorious

reasons, be granted an additional period of not more than thirty (30) calendar days to
file an answer. A defendant is only allowed to file one (1) motion for extension of time to
file an answer.
A motion for extension to file any pleading, other than an answer, is prohibited and
considered a mere scrap of paper. The court, however, may allow any other pleading to
be filed after the time fixed by these Rules.
WHEN TO FILE A MOTION FOR EXTENSION OF TIME
- Before the expiration of the period sought to be extended.
EFFECT OF MOTION FOR EXTENSION OF TIME TO FILE PLEADING
- Tantamount to the submission to the jurisdiction of the court. (Allan C. Go vs.

Mortimer F. Cordero, GR NO. 164703, May 4, 2010)
LIMITATION ON THE EXTENSION TO FILE ANSWER
- A defendant is only allowed to file one (1) motion for extension of time to file
an answer.
FILING OF EXTENSION OF TIME TO FILE ANY OTHER PLEADING
- Is a prohibited pleading and is considered a mere scrap of paper
UNDER THE RULES ON SUMMARY PROCEDURE
- Motion for extension of time to file pleadings, affidavits or any other paper.
72
RULE 12
BILL OF PARTICULARS
Section 1. When applied for; purpose. — Before responding to a pleading, a party may
move for a definite statement or for a bill of particulars of any matter, which is not
averred with sufficient definiteness or particularity, to enable him or her properly to
prepare his or her responsive pleading. If the pleading is a reply, the motion must be
filed within ten (10) calendar days from service thereof. Such motion shall point out the
defects complained of, the paragraphs wherein they are contained, and the details
desired.
BILL OF PARTICULARS - is a ore definite statement of fact and material

allegation in the pleadings.
MOTION FOR BILL OF PARTICULARS - it is an application before the court

for a more definite statement of the facts and material allegations in the pleading
WHEN TO FILE A MOTION FOR BILL OF PARTICULARS
- Before responding to a pleading, a party may move for a definite statement or

for a bill of particulars of any matter, which is not averred with sufficient
definiteness or particularity, to enable him or her properly to prepare his or
her responsive pleading
WHEN TO FILE A BILL OF PARTICULAR IN CASE OF A REPLY?
- If the pleading is a reply, the motion must be filed within ten

(10) calendar days from service thereof. Such motion shall point out the
defects complained of, the paragraphs wherein they are contained, and the
details desired
NATURE OF A MOTION FOR BILL OF PARTICULARS - a formal and litigious

motion which must be in writing and requires notice to the adverse party and hearing.
MOTION FOR BILL OF PARTICULARS is a prohibited pleading under the Rules on

Summary Procedure and Rules on Small Claims
Section 2. Action by the court. — [No amendment]
Upon the filing of the motion, the clerk of court must immediately bring it to the
attention of the court which may either deny or grant it outright, or allow the
parties the opportunity to be heard.
ACTIONS OF THE COURT
1. Deny or grant it outright;

2. Allow the parties the opportunity to be heard.
Section 3. Compliance with order. — If the motion is granted, either in whole or in part,
the compliance therewith must be effected within ten (10) calendar days from notice of
the order, unless a different period is fixed by the court. The bill of particulars or a more
definite statement ordered by the court may be filed either in a separate or in an
amended pleading, serving a copy thereof on the adverse party. (3)
IF THE MOTION IS GRANTED, EITHER IN WHOLE OR IN PART,
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- the compliance therewith must be effected within ten (10) calendar days from

notice of the order, unless a different period is fixed by the court.
Section 4. Effect of non-compliance. — [No amendment] BAR EXAM 2018
If the order is not obeyed, or in case of insufficient compliance therewith, the

court may order the striking out of the pleading or the portions thereof to which
the order was directed or make such other order as it deems just.
EFFECTS OF NON-COMPLIANCE OF THE ORDER
1. Order the striking out of the pleading or the portions thereof to which the order
was directed; or
2. Make such other order as it deems just.
Section 5. Stay of period to file responsive pleading. — After service of the bill of
particulars or of a more definite pleading, or after notice of denial of his motion, the
moving party may file his responsive pleading within the period to which he was entitled
at the time of filing his motion, which shall not be less than five (5) calendar days in any
event. (5)
REMEDY IN CASE OF DENIAL OF A MOTION FOR BILL OF PARTICULARS (BAR

EXAM 2018)
- After service of the bill of particulars or of a more definite pleading, or after

notice of denial of his motion, the moving party may file his responsive
pleading within the period to which he was entitled at the time of filing his
motion, which shall not be less than five (5) calendar days in any event.
Section 6. Bill apart of pleading. — [No amendment]
A bill of particulars becomes part of the pleading for which it is intended.
RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS
Section 1. Coverage. — This Rule shall govern the filing of all pleadings, motions, and
other court submissions, as well as their service, except those for which a different
mode of service is prescribed. (1)
COVERS the filing and service of :
- pleadings, motions, and other court submissions, except those for which a

different mode of service is prescribed.
Section 2. Filing and Service, defined. — Filing is the act of submitting the pleading or
other paper to the court.
Service is the act of providing a party with a copy of the pleading or any other court
submission. If a party has appeared by counsel, service upon such party shall be made
upon his or her counsel or one of them, unless service upon the party and the party's
counsel is ordered by the court. Where one counsel appears for several parties, such
counsel shall only be entitled to one copy of any paper served by the opposite side.
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Where several counsels appear for one party, such party shall be entitled to only one
copy of any pleading or paper to be served upon the lead counsel if one is designated,
or upon any one of them if there is no designation of a lead counsel.
FILING - is the act of submitting the pleading or other paper to the court.
SERVICE - is the act of providing a party with a copy of the pleading or any other
court submission.
HOW WILL SERVICE BE MADE IF A PARTY IS RERESENTED BY A COUNSEL
- service upon such party shall be made upon his or her counsel or one of

them, UNLESS service upon the party and the party's counsel is ordered by
the court
WHERE ONE COUNSEL APPEARS FOR SEVERAL PARTIES
- such counsel shall only be entitled to one copy of any paper served by the
opposite side.
IS SERVICE OF JUDGMENT TO THE PARTY UPON THE DEATH OF HER

COUNSEL VALID?
Milagros Salting vs. John Velez and Clarissa R. Velez, GR No. 181930,
January 10, 2011
- Such service was valid and binding upon petitioner, nothwistanding the death
of her counsel.
- It is the duty of the party to inform the court of the fact of her counsel’s death.
Her failure to do so means that she is negligent in the protection of her cause
and she cannot pass the blame to the court which is not tasked to monitor the
changes in the circumstance of the parties and their counsels.
IS NOTICE TO THE CLIENT CONSIDERED NOTICE TO THE COUNSEL
Philippine National Bank vs. Court of Appeals, 246 SCRA 304
- It is NOT NOTICE IN LAW, EXCEPT
1. When the court or tribunal orders service upon a party

2. When the tribunal defendant is waived.
Section 3. Manner of filing. — The filing of pleadings and other court submissions shall
be made by:
(a) Submitting personally the original thereof, plainly indicated as such, to the
court;
(b) Sending them by registered mail;
(c) Sending them by accredited courier; or
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(d) Transmitting them by electronic mail or other electronic means as may be

authorized by the Court in places where the court is electronically equipped.
In the first case, the clerk of court shall endorse on the pleading the date and hour of
filing. In the second and third cases, the date of the mailing of motions, pleadings, and
other court submissions, and payments or deposits, as shown by the post office stamp
on the envelope or the registry receipt, shall be considered as the date of their filing,
payment, or deposit in court. The envelope shall be attached to the record of the
case. In the fourth case, the date of electronic transmission shall be considered as the
date of filing.
MANNER OF FILING OF PLEADINGS AND OTHER COURT SUBMISSIONS
(a) Submitting personally the original thereof, plainly indicated as such, to the
court;
- The clerk of court shall endorse on the pleading the date and hour of
filing
(b) Sending them by registered mail;
(c) Sending them by accredited courier; or
- In b and c, the date of mailing of motions, pleadings and other court

submissions and payment of deposits, as shown by the post office stamp on te
envelope or the registry receipt, shall be considered as the date of their filing,
payment or deposit in court. The envelope shall be attached to the recird of the
case.
(d) Transmitting them by electronic mail or other electronic means as may be

authorized by the Court in places where the court is electronically equipped.
- The date of electronic transmission shall be considered as the date of

filing
Section 4. Papers required to be filed and served. — [No amendment]
Every judgment, resolution, order, pleading subsequent to the complaint, written

motion, notice, appearance, demand, offer of judgment or similar papers shall be
filed with the court, and served upon the parties affected.
Section 5. Modes of Service. —Pleadings, motions, notices, orders, judgments,

and other court submissions shall be served personally or by registered mail, accredited
courier, electronic mail, facsimile transmission, other electronic means as may be
authorized by the Court, or as provided for in international conventions to which the
Philippines is a party.
MODES OF SERVICE PLEADINGS, MOTIONS, NOTICES, ORDERS, JUDGMENTS,

AND OTHER COURT SUBMISSIONS
1. personally or
2. by registered mail,
3. by accredited courier,
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4. electronic mail,
5. facsimile transmission,
6. other electronic means as may be authorized by the Court, or as provided for
in international conventions to which the Philippines is a party
Section 6. Personal Service. — Court submissions may be served by personal delivery

of a copy to the party or to the party's counsel, or to their authorized representative
named in the appropriate pleading or motion, or by leaving it in his or her office with
his or her clerk, or with a person having charge thereof. If no person is found in his or
her office, or his or her office is not known, or he or she has no office, then by leaving
the copy, between the hours of eight in the morning and six in the evening, at the party's
or counsel's residence, if known, with a person of sufficient age and discretion residing
therein.
HOW WILL PERSONAL SERVICE OF COURT SUBMISSION BE MADE?
1. personal delivery of a copy to the party or to the party's counsel, or to their
authorized representative named in the appropriate pleading or motion, or
2. by leaving it in his or her office with his or her clerk, or with a person having
charge thereof.
3. If no person is found in his or her office, or his or her office is not known, or
he or she has no office, then by leaving the copy, between the hours of eight
in the morning and six in the evening, at the party's or counsel's residence, if
known, with a person of sufficient age and discretion residing therein.
PERSONAL SERVICE is the preferred mode of service and filing
Section 7. Service by mail. — Service by registered mail shall be made by depositing

the copy in the post office, in a sealed envelope, plainly addressed to the party or to the
party's counsel at his or her office, if known, otherwise at his or her residence, if known,
with postage fully pre-paid, and with instructions to the postmaster to return the mail to
the sender after ten (10) calendar days if undelivered. If no registry service is available
in the locality of either the sender or the addressee, service may be done by ordinary
mail.
HOW WILL SERVICE BY REGISTERED MAIL OF COURT SUBMISSION BE MADE?
1. depositing the copy in the post office, in a sealed envelope,

2. plainly addressed to the party or to the party's counsel at his or her office, if
known, otherwise at his or her residence, if known,
3. with postage fully pre-paid, and
4. with instructions to the postmaster to return the mail to the sender after ten
(10) calendar days if undelivered. If no registry service is available in the
locality of either the sender or the addressee, service may be done by
ordinary mail.
Section 8. Substituted service. — [No amendment]
If service of pleadings, motions, notices, resolutions, orders and other papers

cannot be made under the two preceding sections, the office and place of
residence of the party or his counsel being unknown, service may be made by
delivering the copy to the clerk of court, with proof of failure of both personal
service and service by mail. The service is complete at the time of such delivery.
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HOW WILL SUBSTITUTED SERVICE OF PLEADINGS, MOTION, ETC. BE MADE?
- If service of pleadings, motions, notices, resolutions, orders and other papers

cannot be made under the two preceding sections, the office and place of
residence of the party or his counsel being unknown, service may be made
A. by delivering the copy to the clerk of court, with proof of failure of both
personal service and service by mail.
WHEN IS SUBSTITUTED SERVUCE DEEMED COMPLETE?
- The service is complete at the time of such delivery.
Section 9. Service by electronic means and facsimile. — Service by electronic means

and facsimile shall be made if the party concerned consents to such modes of service.
Service by electronic means shall be made by sending an e-mail to the party's or

counsel's electronic mail address, or through other electronic means of transmission as
the parties may agree on, or upon direction of the court.
Service by facsimile shall be made by sending a facsimile copy to the party's or

counsel's given facsimile number. (n)
WHEN WILL SERVICE BY ELECTRONIC MEANS AND FACSIMILE BE MADE?
- Shall be made if the party concerned CONSENTS to such mode of service
HOW WILL SERVICE BY EKECTRONIC MEANS BE MADE?
1. sending an e-mail to the party's or counsel's electronic mail address, or

2. through other electronic means of transmission as the parties may agree on,
or upon direction of the court.
HOW WILL SERVICE BY FACSIMILE BE MADE?
- by sending a facsimile copy to the party's or counsel's given facsimile

number.
Section 10. Presumptive service. — There shall be presumptive notice to a party of a

court setting if such notice appears on the records to have been mailed at least twenty
(20) calendar days prior to the scheduled date of hearing and if the addressee is from
within the judicial region, or at least thirty (30) calendar days if the addressee is from
outside the judicial region. (n)
PRESUMPTIVE SERVICE OF NOTICE OF COURT SETTING
- if such notice appears on the records to have been mailed at least twenty (20)
calendar days prior to the scheduled date of hearing and if the addressee is
from within the judicial region, or
- at least thirty (30) calendar days if the addressee is from outside the judicial
region.
Section 11. Change of electronic mail address or facsimile number. — A party who

changes his or her electronic mail address or facsimile number while the action is
78
pending must promptly file, within five (5) calendar days from such change, a notice of
change of e-mail address or facsimile number with the court and serve the notice on all
other parties.
Service through the electronic mail address or facsimile number of a party shall be
presumed valid unless such party notifies the court of any change, as
aforementioned. (n)
CHANGE OF ELECTRONIC MAIL ADDRESS OR FACSIMILE NUMBER
- promptly file, within five (5) calendar days from such change, a notice of
change of e-mail address or facsimile number with the court and serve the
notice on all other parties.
Section 12. Electronic mail and facsimile subject and title of pleadings and other
documents. — The subject of the electronic mail and facsimile must follow the
prescribed format: case number, case title and the pleading, order or document title.
The title of each electronically-filed or served pleading or other document, and each
submission served by facsimile shall contain sufficient information to enable the court to
ascertain from the title: (a) the party or parties filing or serving the paper, (b) nature of
the paper, (c) the party or parties against whom relief, if any, is sought, and (d) the
nature of the relief sought. (n)
Section 13. Service of Judgments, Final Orders or Resolutions. — Judgments, final

orders, or resolutions shall be served either personally or by registered mail. Upon ex
parte motion of any party in the case, a copy of the judgment, final order, or resolution
may be delivered by accredited courier at the expense of such party. When a party
summoned by publication has failed to appear in the action, judgments, final orders or
resolutions against him or her shall be served upon him or her also by means of
publication at the expense of the prevailing party. (9)
HOW TO SERVE JUDGMENTS, FINAL ORDERS OR RESOLUTION?
- As a rule, judgements are sufficiently served when they are delivered :
a. personally or
b. through registered mail to the counsel of record,
c. by leaving them in his office with his clerk or with a person having charge
thereof.
After service, a judgment or order which is not appealed nor made subject of
a motion for reconsideration within the 15-day period attains finality.
WHEN IS SERVICE OF RESOLUTION OF THE COURT BY REGISTERED MAIL

DEEMED COMPLETE?
- Deemed served upon actual receipt of the addressee
IS SERVICE OF JUDGMENTS, FINAL ORDERS OR RESOLUTIONS BY PRIVATE

COURIER ALLOWED
- YES. Upon ex parte motion of any party in the case, a copy of the judgment,
final order, or resolution may be delivered by accredited courier at the
expense of such party
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HOW WILL THE JUDGMENTS, FINAL ORDERS OR RESOLUTION BE SERVED IN

CASE THE PARTY WAS SUMMONED BY PUBLICATION?
- When a party summoned by publication has failed to appear in the action,

judgments, final orders or resolutions against him or her shall be served upon
him or her also by means of publication at the expense of the prevailing party.
Section 14. Conventional service or filing of orders, pleadings and other documents. —

Notwithstanding the foregoing, the following orders, pleadings, and other documents
must be served or filed personally or by registered mail when allowed, and shall not be
served or filed electronically, unless express permission is granted by the Court:
(a) Initiatory pleadings and initial responsive pleadings, such as an answer;
(b) Subpoenae, protection orders, and writs;
(c) Appendices and exhibits to motions, or other documents that are not readily
amenable to electronic scanning may, at the option of the party filing such, be
filed and served conventionally; and
(d) Sealed and confidential documents or records. (n)
THE FOLLOWING ORDERS, PLEADINGS, AND OTHER DOCUMENTS MUST BE

SERVED OR FILED PERSONALLY OR BY REGISTERED MAIL WHEN ALLOWED,
AND SHALL NOT BE SERVED OR FILED ELECTRONICALLY, UNLESS EXPRESS
PERMISSION IS GRANTED BY THE COURT:
(a) Initiatory pleadings and initial responsive pleadings, such as an answer;
(b) Subpoenae, protection orders, and writs;
(c) Appendices and exhibits to motions, or other documents that are not readily
amenable to electronic scanning may, at the option of the party filing such, be
filed and served conventionally; and
(d) Sealed and confidential documents or records.
Section 15. Completeness of service. — Personal service is complete upon actual

delivery. Service by ordinary mail is complete upon the expiration of ten
(10) calendar days after mailing, unless the court otherwise provides. Service by
registered mail is complete upon actual receipt by the addressee, or after five
(5) calendar days from the date he or she received the first notice of the postmaster,
whichever date is earlier. Service by accredited courier is complete upon actual receipt
by the addressee, or after at least two (2) attempts to deliver by the courier service, or
upon the expiration of five (5) calendar days after the first attempt to deliver, whichever
is earlier.
Electronic service is complete at the time of the electronic transmission of the

document, or when available, at the time that the electronic notification of service of the
document is sent. Electronic service is not effective or complete if the party serving the
document learns that it did not reach the addressee or person to be served.
Service by facsimile transmission is complete upon receipt by the other party, as

indicated in the facsimile transmission printout. (10)
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PERSONAL SERVICE DEEMED COMPLETE
- Upon actual delivery
SERVICE BY ORDINARY MAIL DEEMED COMPLETE
- upon the expiration of ten (10) calendar days after mailing, unless the court
otherwise provides.
SERVICE BY REGISTERED MAIL IS COMPLETE
- upon actual receipt by the addressee as shown in the registry return card
CONSTRUCTIVE SERVICE RULE
- The completeness of which is determined upon the expiration of five

(5) calendar days from the date the addresses received the first notice of the
postmaster
- There must be conclusive proof that a first notice was duly sent by the
postmaster to the addressee and it should also be delivered to and received
by the addressee.
- The best evidence to prove that notice was sent would be a certification from
the postmaster who would certify not only that the notice was issued or sent
but also as to how, when and to whom the delivery and receipt was made.
The mailman may also testify that the notice was actually delivered.
SERVICE BY ACCREDITED COURIER IS COMPLETE
- upon actual receipt by the addressee, or

- after at least two (2) attempts to deliver by the courier service, or
- upon the expiration of five (5) calendar days after the first attempt to deliver,
whichever is earlier.
ELECTRONIC SERVICE IS COMPLETE
- at the time of the electronic transmission of the document, or when available,

at the time that the electronic notification of service of the document is sent.
SERVICE BY FACSIMILE TRANSMISSION IS COMPLETE
- upon receipt by the other party, as indicated in the facsimile transmission

printout.
Section 16. Proof of filing. — The filing of a pleading or any other court

submission shall be proved by its existence in the record of the case.
(a) If the pleading or any other court submission is not in the record, but is
claimed to have been filed personally, the filing shall be proven by the written or
stamped acknowledgment of its filing by the clerk of court on a copy of the
pleading or court submission;
(b) If the pleading or any other court submission was filed by registered mail, the
filing shall be proven by the registry receipt and by the affidavit of the person who
mailed it, containing a full statement of the date and place of deposit of the mail
81
in the post office in a sealed envelope addressed to the court, with postage fully
prepaid, and with instructions to the postmaster to return the mail to the sender
after ten (10) calendar days if not delivered.
(c) If the pleading or any other court submission was filed through an accredited
courier service, the filing shall be proven by an affidavit of service of the person
who brought the pleading or other document to the service provider, together
with the courier's official receipt and document tracking number.
(d) If the pleading or any other court submission was filed by electronic mail, the
same shall be proven by an affidavit of electronic filing of the filing party
accompanied by a paper copy of the pleading or other document transmitted or a
written or stamped acknowledgment of its filing by the clerk of court. If the paper
copy sent by electronic mail was filed by registered mail, paragraph (b) of this
Section applies.
(e) If the pleading or any other court submission was filed through other
authorized electronic means, the same shall be proven by an affidavit of
electronic filing of the filing party accompanied by a copy of the electronic
acknowledgment of its filing by the court. (12)
HOW TO PROVE FILING OF PLEADING OR COURT SUBMISSION?
- by its existence in the record of the case.
HOW TO PROVE FILING OF PLEADING OR COURT SUBMISSION WHICH IS NOT

ON RECORD BUT IS CLAIMED TO HAVE BEEN FILED PERSONALLY?
- by the written or stamped acknowledgment of its filing by the clerk of court on

a copy of the pleading or court submission
HOW TO PROVE FILING OF PLEADING OR COURT SUBMISSION BY

REGISTERED MAIL?
1. by the registry receipt and

2. by the affidavit of the person who mailed it, containing a full statement of
the date and place of deposit of the mail in the post office in a sealed
envelope addressed to the court, with postage fully prepaid, and with
instructions to the postmaster to return the mail to the sender after ten
(10) calendar days if not delivered.
HOW TO PROVE FILING OF PLEADING OR ANY OTHER COURT SUBMISSION

THROUGH AN ACCREDITED COURIER SERVICE
1. By an affidavit of service of the person who brought the pleading or other

document to the service provider,
2. Together with the courier's official receipt and document tracking number.
PROOF OF MAILING IF SERVICE IS MADE THROUGH AN ACCREDITED PRIVATE

COURIER OR ORDINARY MAIL
- A party must attach an AFFIDAVIT OF THE PERSON who mailed the motion
or pleading.
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HOW TO PROVE FILING OF PLEADING OR ANY OTHER COURT SUBMISSION

THROUGH ELECTRONIC MAIL
1. by an affidavit of electronic filing of the filing party accompanied by a paper

copy of the pleading or other document transmitted; or
2. A written or stamped acknowledgment of its filing by the clerk of court.
3. If the paper copy sent by electronic mail was filed by registered mail,
paragraph (b) of this Section applies.
Section 17. Proof of service. — Proof of personal service shall consist of a written

admission of the party served, or the official return of the server, or the affidavit of the
party serving, containing a statement of the date, place, and manner of service. If the
service is made by:
(a) Ordinary mail. - Proof shall consist of an affidavit of the person mailing stating
the facts showing compliance with Section 7 of this Rule.
(b) Registered mail. - Proof shall be made by the affidavit mentioned above and

the registry receipt issued by the mailing office.ℒαwρhi ৷ The registry return card
shall be filed immediately upon its receipt by the sender, or in lieu thereof, the
unclaimed letter together with the certified or sworn copy of the notice given by
the postmaster to the addressee.
(c) Accredited courier service. - Proof shall be made by an affidavit of service

executed by the person who brought the pleading or paper to the service
provider, together with the courier's official receipt or document tracking number.
(d) Electronic mail, facsimile, or other authorized electronic means of

transmission. - Proof shall be made by an affidavit of service executed by the
person who sent the e-mail, facsimile, or other electronic transmission, together
with a printed proof of transmittal.(13)
PROOF OF PERSONAL SERVICE
- shall consist of a written admission of the party served, or the official return of
the server, or the affidavit of the party serving, containing a statement of the
date, place, and manner of service
PROOF OF SERVICE BY ORDINARY MAIL
- Affidavit of the person mailing stating the facts showing compliance with
Section 7 of this Rule
PROOF OF SERVICE BY REGISTERED MAIL
- By the affidavit mentioned above and the registry receipt issued by the

mailing office.
- The registry return card shall be filed immediately upon its receipt by the
sender, or in lieu thereof, the unclaimed letter together with the certified or
sworn copy of the notice given by the postmaster to the addressee.
EFFECT OF FAILURE TO ATTACH THE AFFIDAVIT OF SERVICE
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- Not fatal. The registry receipt attached to the petition clearly shows service to
the other party
DUTY OF THE SENDER
- The registry return card shall be filed immediately upon its receipt by the
sender, or in lieu thereof, the unclaimed letter together with the certified or
sworn copy of the notice given by the postmaster to the addressee.
PROOF OF SERVICE BY ACCREDITED COURIER
1. Affidavit of service executed by the person who brought the pleading or

paper to the service provider
2. Together with the courier's official receipt or document tracking number
Section 18. Court-issued orders and other documents. — The court may electronically
serve orders and other documents to all the parties in the case which shall have the
same effect and validity as provided herein. A paper copy of the order or other
document electronically served shall be retained and attached to the record of the
case. (n)
Section 19. Notice of lis pendens. — In an action affecting the title or the right of
possession of real property, the plaintiff and the defendant, when affirmative relief is
claimed in his answer, may record in the office of the registry of deeds of the province in
which the property is situated a notice of the pendency of the action. Said notice shall
contain the names of the parties and the object of the action or defense, and a
description of the property in that province affected thereby. Only from the time of filing
such notice for record shall a purchaser, or encumbrancer of the property affected
thereby, be deemed to have constructive notice of the pendency of the action, and only
of its pendency against the parties designated by their real names.
The notice of lis pendens hereinabove mentioned may be cancelled only upon order of
the court, after proper showing that the notice is for the purpose of molesting the
adverse party, or that it is not necessary to protect the rights of the party who caused it
to be recorded. (14)
LIS PENDENS - means pending suit refers to the jurisdiction, power or control which
a court acquires over the property involved in a suit, pending the continuance of the
action, and until final judgment.
- Its notice is an announcement to the whole world that a particular property is

in litigation and serves as a warning that one who acquires an interest over
said property does so at his own risk, or that he gambles on the result of the
litigation over said property.
WHEN CAN A NOTICE OF LIS PENDENS BE AVAILED OF
- In an action affecting the title or the right of possession of real property, the
plaintiff and the defendant, when affirmative relief is claimed in his answer,
may record in the office of the registry of deeds of the province in which the
property is situated a notice of the pendency of the action.
ACTIONS WHERE NOTICE OF LIS PENDENS IS PROPER
1. An action to recover possession of real estate

2. An action to quiet title thereto
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3. An action to remove clouds thereon

4. An action for partition
5. Any other proceedings of any kind in Court directly affecting the title to the
land or the use or occupation thereof of the buildings thereon.
WHEN DOES NOTICE OF LIS PENDENS DEEMED A CONSTRUCTIVE NOTICE TO

PURCHASER OR ENCUMBRANCER?
- Only from the time of filing such notice for record shall a purchaser, or
encumbrancer of the property affected thereby, be deemed to have
constructive notice of the pendency of the action, and only of its pendency
against the parties designated by their real names.
EFFECT OF FILING OF NoTICE OF LIS PENDENS
Vashdeo Gagoomal vs. Spouses Ramon and Natividad Villacorta, GR No.

192813, January 18, 2012.
1. To keep the property subject of the litigation within the power of the court until
the entry of final judgment in order to prevent the defeat of the final judgment
by successive alienations
2. To bind a purchaser, bona fide or otherwise, of the property subject of the
litigation to the judgment that the court will subsequently promulgate.
GROUNDS FOR THE CANCELLATION OF NOTICE OF LIS PENDENS
- only upon order of the court, after proper showing that :
1. the notice is for the purpose of molesting the adverse party, or

2. that it is not necessary to protect the rights of the party who caused it to be
recorded.
OTHER RECOGNIZED GROUNDS FOR CANCELLATION OF NOTICE OF LIS

PENDENS
1. There are exceptional circumstances imputable to the party who caused the
annotation
2. The litigation was unduly prolonged to the prejudice of the other party
because of several continuances procured by petitioner
3. The case which is the basis for the litis pendens notation was dismissed for
non-prosequitur on the part of the plaintiff
4. Judgment was rendered against the party who caused such a notation
RULE 14
SUMMONS
SUMMONS - is a writ by which the defendant is notified of the action brought against
him or her.
- In civil action, service of summons is the means by which the court acquires
jurisdiction over the person of the defendant.
- Any judgment without such service, in the absence of a valid waiver, is null
and void. (Remelita M. Robinson vs. Celita Miralles, GR No. 163584,
Decemebr 12, 2006)
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2 WAYS OF ACQUIRING JURISDICTION OVER THE PERSON OF THE

DEFENDANT
1. Service of summons
2. Voluntary Appearance
2 KINDS OF SUMMONS
1. ORIGINAL SUMMONS - writ issued by the COC upon receipt of the

complaint and the payment of the docket and other lawful fees by which the
defendant is notified of the action brought against him and requiring him to file
his responsive pleading within the period prescribed by the rules.
2. ALIAS SUMMONS - writ issued by the COC when the original summons
has been lost or not duly served without fault on the part of the plaintiff
EFFECTS OF INVALID SERVICE OF SUMMONS
- The Court acquires no jurisdiction over the person of the defendant and the
judgment shall be null and void.
SUMMONS SUBPOENA
a. Writ issued by the COC which the a. Writ issued by the judge by which
defendant is notified of the action a person is required to appear and
brought against him testify before the court or in an
investigation or to bring documents
or books to the court
b. There two kinds of summons which are b. There two kinds of subpoena which
original and alias summons are subpoena duces tecum and ad
testificandum
c. The purpose of summons is to acquire c. The purpose of subpoena to require a
jurisdiction over the person of the person to appear and testify before the
defendant or the res and in compliance court or to bring documents or books to
with due process in an action in rem or the court
quasi in rem
d. Remedy in case of defective service of d. The remedy is a motion to quash
summons is to file a motion to dismiss for subpoena
lack of jurisdiction over the person of the
defendant under Rule 16 or asks for an
alias summons
e. Issued by the COC upon receipt of the e. Issued by the judge during trial
complaint and the corresponding
payment of docket and other lawful fees
or wen the original summons has not
been served or was lost without fault of
the plaintiff of the plaintiff
Section 1. Clerk to issue summons. — Unless the complaint is on its face dismissible

under Section 1, Rule 9, the court shall, within five (5) calendar days from receipt of the
initiatory pleading and proof of payment of the requisite legal fees, direct the clerk of
court to issue the corresponding summons to the defendants.
WHEN CAN THE COURT ISSUE SUMMONS
86
- Unless the complaint is on its face dismissible under Section 1, Rule 9

o The court shall, within five (5) calendar days from receipt of the
initiatory pleading and proof of payment of the requisite legal fees,
direct the clerk of court to issue the corresponding summons to the
defendants.
Section 2. Contents. — The summons shall be directed to the defendant, signed by the
clerk of court under seal, and contain:
(a) The name of the court and the names of the parties to the action;
(b) When authorized by the court upon ex parte motion, an authorization for the
plaintiff to serve summons to the defendant;
(c) A direction that the defendant answer within the time fixed by these Rules;
and
(d) A notice that unless the defendant so answers, plaintiff will take judgment by
default and may be granted the relief applied for.
A copy of the complaint and order for appointment of guardian ad litem, if any, shall be
attached to the original and each copy of the summons.
Section 3. By whom served. — The summons may be served by the sheriff, his deputy,
or other proper court officer, and in case of failure of service of summons by them, the
court may authorize the plaintiff - to serve the summons - together with the sheriff.
In cases where summons is to be served outside the judicial region of the court where
the case is pending, the plaintiff shall be authorized to cause the service of summons.
If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its
authorized representative therein, attaching a board resolution or secretary's certificate
thereto, as the case may be, stating that such representative is duly authorized to serve
the summons on behalf of the plaintiff.
If the plaintiff misrepresents that the defendant was served summons, and it is later
proved that no summons was served, the case shall be dismissed with prejudice, the
proceedings shall be nullified, and the plaintiff shall be meted appropriate sanctions.
If summons is returned without being served on any or all the defendants, the court
shall order the plaintiff to cause the service of summons by other means available under
the Rules.
Failure to comply with the order shall cause the dismissal of the initiatory pleading
without prejudice.
WHO SHALL SERVE THE SUMMONS?
1. sheriff
2. his deputy, or
3. other proper court officer, and
4. in case of failure of service of summons by them, the court may authorize
the plaintiff - to serve the summons - together with the sheriff
WHO SHALL SERVE SUMMONS TO BE SERVED OUTSIDE THE JUDICIAL

REGION OF THE COURT
87
- the plaintiff shall be authorized to cause the service of summons.
REQUIREMENTS IN CASE THE PLAINTUFF IS A JURIDICAL ENTITY
- If the plaintiff is a juridical entity, it shall notify the court, in writing,
1. The name of its authorized representative therein,

2. Attaching a board resolution or secretary's certificate thereto, as the case may
be,
3. It shall state that such representative is duly authorized to serve the summons
on behalf of the plaintiff
EFFECTS IN CASE THE PLAINTIFF COMMITTED MISREPRESENTATION IN

CONNECTION WITH THE SERVICE OF SUMMONS TO THE DEFENDANTS
- If the plaintiff misrepresents that the defendant was served summons, and it
is later proved that no summons was served, the case shall be :
1. Dismissed with prejudice,

2. The proceedings shall be nullified, and
3. The plaintiff shall be meted appropriate sanctions.
Section 4. Validity of summons and issuance of alias summons — Summons shall

remain valid until duly served, unless it is recalled by the court. In case of loss or
destruction of summons, the court may, upon motion, issue an alias summons.
There is failure of service after unsuccessful attempts to personally serve the summons
on the defendant in his address indicated in the complaint. Substituted service should
be in the manner provided under Section 6 of this Rule. (5)
VALIDITY OF SUMMONS
- Summons shall remain valid until duly served, unless it is recalled by the
court
Section 5. Service in person on defendant. — Whenever practicable, the summons

shall be served by handing a copy thereof to the defendant in person and informing the
defendant that he or she is being served, or, if he or she refuses to receive and sign for
it, by leaving the summons within the view and in the presence of the defendant.(6)
HOW WILL SERVICE OF SUMMONS ON THE PERSON OF THE DEFENDANT BE

MADE?
- Whenever practicable :
1. By handing a copy thereof to the defendant in person and informing the

defendant that he or she is being served, or,
2. If he or she refuses to receive and sign for it, by leaving the summons
within the view and in the presence of the defendant.
DUTY OF THE SHERIFF IF DEFENDANT REFUSED TO RECEIVE SUMMONS
88
Laus vs Court of Appelas, 219 SCRA 688
- Service in person on the defendant is the PREFERRED MODE OF

SERVICE.
- If the defendant refuses the service, the server must TENDER it to him.
- The sheriff or server must first exert all efforts to serve the defendant in
person. If this effort fails, then substituted service can be made. This effort
must be stated in the proof of service.
Section 6. Substituted service. — If, for justifiable causes, the defendant cannot be
served personally after at least three (3) attempts on two (2) separate dates, service
may be effected:
(a) By leaving copies of the summons at the defendant's residence to a person at

least eighteen (18) years of age and of 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 receives correspondences for
the defendant;
(c) By leaving copies of the summons, if refused entry upon making his or her
authority and purpose known, with any of the officers of the homeowners'
association or condominium corporation, or its chief security officer in charge of
the community or the building where the defendant may be found; and
(d) By sending an electronic mail to the defendant's electronic mail address, if

allowed by the court.
HOW WILL SUBSTITUTED SERVUCE OF SUMMONS BE MADE?
- If, for justifiable causes, the defendant cannot be served personally after at

least three (3) attempts on two (2) separate dates, service may be effected:
(a) By leaving copies of the summons at the defendant's residence to a

person at least eighteen (18) years of age and of 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 receives
correspondences for the defendant;
(c) By leaving copies of the summons, if refused entry upon making his or
her authority and purpose known, with any of the officers of the homeowners'
association or condominium corporation, or its chief security officer in charge of
the community or the building where the defendant may be found; and
(d) By sending an electronic mail to the defendant's electronic mail

address, if allowed by the court.
REQUIREMENTS FOR A VALID SUBSTITUTED SERVICE OF SUMMONS
- There must be several attempts by the sheriff, wich means at least three tries,
preferably on atleast two different dates, otherwise the service is defective
89
Section 7. Service upon entity without juridical personality. — When persons

associated in an entity without juridical personality are sued under the name by which
they are generally or commonly known, service may be effected upon all the defendants
by serving upon any one of them, or upon the person in charge of the office or place of
business maintained in such name. But such service shall not bind individually any
person whose connection with the entity has, upon due notice, been severed before the
action was filed. (8)
TO WHOM SUMMONS SHALL BE SERVED IN CASE OF AN ENTITY WITHOUT

JURIDICAL PERSONALITY
- When persons associated in an entity without juridical personality are sued

under the name by which they are generally or commonly known,
service may be effected upon all the defendants by serving upon any one of
them, or upon the person in charge of the office or place of business maintained
in such name.
But such service shall not bind individually any person whose connection with the
entity has, upon due notice, been severed before the action was filed.
Section 8. Service upon prisoners. — When the defendant is a prisoner confined in a

jail or institution, service shall be effected upon him or her by the officer having the
management of such jail or institution who is deemed as a special sheriff for said
purpose. The jail warden shall file a return within five (5) calendar days from service of
summons to the defendant. (9)
TO WHOM SUMMONS SHALL BE SERVED IN CASE OF A PRISONER
- When the defendant is a prisoner confined in a jail or institution,
service shall be effected upon him or her by the officer having the
management of such jail or institution who is deemed as a special
sheriff for said purpose.
DUTY OF THE JAIL WARDEN
- The jail warden shall file a return within five (5) calendar days from service of
summons to the defendant. (9)
Section 9. Service consistent with international conventions. — Service may be made

through methods which are consistent with established international conventions to
which the Philippines is a party. (n)
Section 10. Service upon minors and incompetents. — When the defendant is a minor,
insane or otherwise an incompetent person, service of summons shall be made upon
him or her personally and on his or her legal guardian if he or she has one, or if none,
upon his or her guardian ad litem whose appointment shall be applied for by the plaintiff.
In the case of a minor, service shall be made on his or her parent or guardian.
TO WHOM SERVICE OF SUMMONS SHALL BE MADE IN CASE OF MINOR OR

INCOMPETENT
1. service of summons shall be made upon him or her personally AND on

his or her legal guardian if he or she has one, or if none, upon his or
her guardian ad litem whose appointment shall be applied for by the
plaintiff.
90
2. In the case of a minor, service shall be made on his or her parent or

guardian.
Section 11. Service upon spouses. - When spouses are sued jointly, service of
summons should be made to each spouse individually. (n)
SERVICE OF SUMMONS TO SPOUSES
- service of summons should be made to each spouse individually.
Section 12. Service upon domestic private juridical entity. — When the defendant is a
corporation, partnership or association organized under the laws of the Philippines with
a juridical personality, service may be made on 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 or unavailability, on their secretaries.
If such service cannot be made upon any of the foregoing persons, it shall be made
upon the person who customarily receives the correspondence for the defendant at its
principal office.
In case the domestic juridical entity is under receivership or liquidation, service of

summons shall be made on the receiver or liquidator, as the case may be.
Should there be a refusal on the part of the persons above-mentioned to receive

summons despite at least three (3) attempts on two (2) separate dates, service may be
made electronically, if allowed by the court, as provided under Section 6 of this
rule. (11)
TO WHOM SUMMONS SHALL BE SERVED IN CASE OF DOMESTIC JURIDICAL

ENTITY
- service may be made on the :
1. president,
2. managing partner,
3. general manager,
4. corporate secretary,
5. treasurer, or
6. in-house counsel of the corporation wherever they may be found, or
7. in their absence or unavailability, on their secretaries.
IN CASE OF DEFAULT OF SERVICE OF SUMMONS TO THE ABOVE PERSONS,

TO WHOM IT SHALL BE SERVED?
- it shall be made upon the person who customarily receives the

correspondence for the defendant at its principal office.
TO WHOM SUMMONS SHALL BE SERVED IN CASE OF DOMESTIC JURIDICAL

ENTITY IUNDER RECEIVERSHIP OR LIQUIDATION
- service of summons shall be made on the receiver or liquidator, as the case

may be.
91
SHOULD THERE BE A REFUSAL ON THE PART OF THE PERSONS ABOVE-

MENTIONED TO RECEIVE SUMMONS DESPITE AT LEAST THREE (3) ATTEMPTS
ON TWO (2) SEPARATE DATES,
- service may be made electronically, if allowed by the court, as provided

under Section 6 of this rule.
Section 13. Duty of counsel of record. — Where the summons is improperly served and
a lawyer makes a special appearance on behalf of the defendant to, among others,
question the validity of service of summons, the counsel shall be deputized by the court
to serve summons on his client. (n)
SERVICE OF SUMMONS BY THE LAWYER
- Where the summons is improperly served and a lawyer makes a special

appearance on behalf of the defendant to, among others, question the validity
of service of summons
the counsel shall be deputized by the court to serve summons on his

client.
Section 14. Service upon foreign private juridical entities. — When the defendant is a
foreign private juridical entity which has transacted or is doing business in the
Philippines, as defined by law, service may be made on its resident agent designated in
accordance with the law for that purpose, or, if there be no such agent, on the
government official designated by law to that effect, or on any of its officers,
agents, directors or trustees within the Philippines.
If the foreign private juridical entity is not registered in the Philippines, or has no resident
agent but has transacted or is doing business in it, as defined by law, such service may,
with leave of court, be effected outside of the Philippines through any of the following
means:
(a) By personal service coursed through the appropriate court in the foreign
country with the assistance of the department of foreign affairs;
(b) By publication once in a newspaper of general circulation in the country

where the defendant may be found and by serving a copy of the summons and
the court order by registered mail at the last known address of the defendant;
(c) By facsimile;
(d) By electronic means with the prescribed proof of service; or
(e) By such other means as the court, in its discretion, may direct. (12)
TO WHOM SUMMON SHALL BE SERVED IN CASE OF FOREIGN JURIDICAL

ENTITY DOING BUSINESS IN THE PHILIPPINES?
1. Its resident agent designated in accordance with the law for that purpose, or,
2. If there be no such agent, on the government official designated by law to that
effect, or
3. On any of its officers, agents, directors or trustees within the Philippines.
TO WHOM SUMMON SHALL BE SERVED IN CASE OF FOREIGN JURIDICAL

ENTITY NOT REGISTERED AND NO RESIDENT AGENT BUT DOING BUSINESS IN
THE PHILIPPINES?
92
- If the foreign private juridical entity is not registered in the Philippines, or has
no resident agent but has transacted or is doing business in it, as defined by
law, such service may, with leave of court, be effected outside of the
Philippines through any of the following means:
(a) By personal service coursed through the appropriate court in the foreign
country with the assistance of the department of foreign affairs;
(b) By publication once in a newspaper of general circulation in the country

where the defendant may be found and by serving a copy of the summons
and the court order by registered mail at the last known address of the
defendant;
(c) By facsimile;
(d) By electronic means with the prescribed proof of service; or
(e) By such other means as the court, in its discretion, may direct.
Section 15. Service upon public corporations. — When the defendant is the Republic of
the Philippines, service may be effected on the Solicitor General; in case of a province,
city or municipality, or like public corporations, service may be effected on its executive
head, or on such other officer or officers as the law or the court may direct. (13)
TO WHOM SUMMON SHALL BE SERVED IN CASE OF THE REPUBLIC OF THE

PHILIPPINES?
- Solicitor General
TO WHOM SUMMON SHALL BE SERVED IN CASE OF THE PROVINCE, CITY OR

MNICIPALITY OR PUBLIC CORPORATIONS?
- service may be effected on its executive head, or on such other officer or

officers as the law or the court may direct.
Section 16. Service upon defendant whose identity or whereabouts are unknown. — In

any action where the defendant is designated as an unknown owner, or the like, or
whenever his or her whereabouts are unknown and cannot be ascertained by diligent
inquiry, within ninety (90) calendar days from the commencement of the action, service
may, by leave of court, be effected upon him or her by publication in a newspaper of
general circulation and in such places and for such time as the court may order.
Any order granting such leave shall specify a reasonable time, which shall not be less
than sixty (60) calendar days after notice, within which the defendant must answer. (14)
HOW WILL SERVICE OF SUMMONS E EFFECTED IN CASE OF UNKNOWN

DEFENDANT OR HIS WHEREABOUT IS UNKNOWN?
- In any action where the defendant is designated as an unknown owner, or the

like, or whenever his or her whereabouts are unknown and cannot be
ascertained by diligent inquiry, within ninety (90) calendar days from the
commencement of the action
93
- service may, by leave of court, be effected upon him or her by publication in

a newspaper of general circulation and in such places and for such time as
the court may order.
In Santos, Jr. versus PNOC Exploration Corporation
- There must be prior resort to service in person on the defendant and

substituted service and [roof that service by these modes were ineffective
before service by publication may be allowed for defendants whose
whereabouts are unknown, considering that Rule 14, Section 14 of the Rules
of Court requires a diligent inquiry of the defendant’s whereabouts.
Section 17. Extraterritorial service. — When the defendant does not reside and is not
found in the Philippines, and the action affects the personal status of the plaintiff or
relates to, or the subject of which is, property within the Philippines, in which the
defendant has or claims a lien or interest, actual or contingent, or in which the relief
demanded consists, wholly or in part, in excluding the defendant from any interest
therein, or the property of the defendant has been attached within the Philippines,
service may, by leave of court, be effected out of the Philippines by personal service as
under Section 6; or as provided for in international conventions to which the Philippines
is a party; or by publication in a newspaper of general circulation in such places and for
such time as the court may order, in which case a copy of the summons and order of
the court shall be sent by registered mail to the last known address of the defendant, or
in any other manner the court may deem sufficient. Any order granting such leave shall
specify a reasonable time, which shall not be less than sixty (60) calendar days after
notice, within which the defendant must answer. (15)
ACTIONS WHICH CAN BE THE SUBJECT OF EXTRATERRITORIAL SERVICE OF

SUMMONS IN CASE OF NON-RESIDENT DEFENDANT
1. the action affects the personal status of the plaintiff or relates to, or
2. the subject of which is, property within the Philippines, in which the defendant
has or claims a lien or interest, actual or contingent, or in which the relief
demanded consists, wholly or in part, in excluding the defendant from any
interest therein, or
3. the property of the defendant has been attached within the Philippines
HOW WILL EXTRATERRITORIAL SERVICE OF SUMMONS BE MADE?
By leave of court, be effected out of the Philippines :
1. by personal service as under Section 6; or

2. as provided for in international conventions to which the Philippines is a
party; or
3. by publication in a newspaper of general circulation in such places and for
such time as the court may order
REQUIREMENT IN CASE OF EXTRATERRITORIAL SERVICE OF SUMMONS
- A copy of the summons and order of the court shall be sent by registered mail
to the last known address of the defendant, or in any other manner the court
may deem sufficient
Section 18. Residents temporarily out of the Philippines. — When any action is

commenced against a defendant who ordinarily resides within the Philippines, but who
is temporarily out of it, service may, by leave of court, be also effected out of the
Philippines, as under the preceding Section. (16)
94
Section 19. Leave of court. — Any application to the court under this Rule for leave to
effect service in any manner for which leave of court is necessary shall be made by
motion in writing, supported by affidavit of the plaintiff or some person on his behalf,
setting forth the grounds for the application. (17)
Section 20. Return. — Within thirty (30) calendar days from issuance of summons by

the clerk of court and receipt thereof, the sheriff or process server, or person authorized
by the court, shall complete its service. Within five (5) calendar days from service of
summons, the server shall file with the court and serve a copy of the return to the
plaintiff's counsel, personally, by registered mail, or by electronic means authorized by
the Rules.
Should substituted service have been effected, the return shall state:
(1) The impossibility of prompt personal service within a period of thirty (30)
calendar days from issue and receipt of summons;
(2) The date and time of the three (3) attempts on at least (2) two separate dates
to cause personal service and the details of the inquiries made to locate the
defendant residing thereat; and
(3) The name of the person at least eighteen (18) years of age and of sufficient
discretion residing thereat; name of competent person in charge of the
defendant's office or regular place of business, or name of the officer of the
homeowners' association or condominium corporation or its chief security officer
in charge of the community or building where the defendant may be found. (4)
DUTY OF THE PROCESS SERVER ON SERVICE OF SUMMONS?
- Within thirty (30) calendar days from issuance of summons by the clerk
of court and receipt thereof, the sheriff or process server, or person
authorized by the court
- shall complete its service
DUTY OF THE PROCESS SERVER AFTER SERVICE OF SUMMONS?
Within five (5) calendar days from service of summons,
- the server shall file with the court and serve a copy of the return to the
plaintiff's counsel, personally, by registered mail, or by electronic means
authorized by the Rules.
CONTENT OF THE RETURN IN CASE OF SUBSTITUTED SERVICE OF SUMMONS
(1) The impossibility of prompt personal service within a period of thirty (30)
calendar days from issue and receipt of summons;
(2) The date and time of the three (3) attempts on at least (2) two separate dates
to cause personal service and the details of the inquiries made to locate the
defendant residing thereat; and
95
(3) The name of the person at least eighteen (18) years of age and of sufficient
discretion residing thereat; name of competent person in charge of the
defendant's office or regular place of business, or name of the officer of the
homeowners' association or condominium corporation or its chief security officer
in charge of the community or building where the defendant may be found. (4)
Section 21. Proof of service. — The proof of service of a summons shall be made in

writing by the server and shall set forth the manner, place, and date of service; shall
specify any papers which have been served with the process and the name of the
person who received the same; and shall be sworn to when made by a person other
than a sheriff or his or her deputy.
If summons was served by electronic mail, a printout of said e-mail, with a copy of the
summons as served, and the affidavit of the person mailing, shall constitute as proof of
service. (18)
Section 22. Proof of service by publication. — If the service has been made by

publication, service may be proved by the affidavit of the publisher, editor, business or
advertising manager, to which affidavit a copy of the publication shall be attached and
by an affidavit showing the deposit of a copy of the summons and order for publication
in the post office, postage prepaid, directed to the defendant by registered mail to his or
her last known address. (19)
Section 23. Voluntary appearance. — The defendant's voluntary appearance in the

action shall be equivalent to service of summons. The inclusion in a motion to dismiss of
other grounds aside from lack of jurisdiction over the person of the defendant shall be
deemed a voluntary appearance. (20)
EFFECT OF VOLUNTARY APPEARANCE OF THE DEFENDANT
1. equivalent to service of summons.

2. The inclusion in a motion to dismiss of other grounds aside from lack of
jurisdiction over the person of the defendant shall be deemed a voluntary
appearance
RULE 15
MOTIONS
Section 1. Motion defined. — [No amendment]
A motion is an application for relief other than by a pleading.
Section 2. Motions must be in writing. — All motions shall be in writing except those
made in open court or in the course of a hearing or trial.
A motion made in open court or in the course of a hearing or trial should immediately be
resolved in open court, after the adverse party is given the opportunity to argue his or
her opposition thereto.
When a motion is based on facts not appearing on record, the court may hear the
matter on affidavits or depositions presented by the respective parties, but the court
may direct that the matter be heard wholly or partly on oral testimony or depositions.
Section 3. Contents. — [No amendment]
[Section 4. Hearing of motion. — Deleted]
96
Section 4. Non-litigious motions. — Motions which the court may act upon without
prejudicing the rights of adverse parties are non-litigious motions. These motions
include:
a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to execute the final
certificate of sale; and
h) Other similar motions.
These motions shall not be set for hearing and shall be resolved by the court within five
(5) calendar days from receipt thereof. (n)
Section 5. Litigious motions. — (a) Litigious motions include:
1. Motion for bill of particulars;
2. Motion to dismiss;
3. Motion for new trial;
4. Motion for reconsideration;
5. Motion for execution pending appeal;
6. Motion to amend after a responsive pleading has been filed;
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for a writ of demolition;
9. Motion for intervention;
10. Motion for judgment on the pleadings;
11. Motion for summary judgment;
12. Demurrer to evidence;
13. Motion to declare defendant in default; and
14. Other similar motions.
(b) All motions shall be served by personal service, accredited private courier or
registered mail, or electronic means so as to ensure their receipt by the other
party.
97
(c) The opposing party shall file his or her opposition to a litigious motion within
five (5) calendar days from receipt thereof. No other submissions shall be
considered by the court in the resolution of the motion.
The motion shall be resolved by the court within fifteen (15) calendar days from its
receipt of the opposition thereto, or upon expiration of the period to file such
opposition. (n)
Section 6. Notice of hearing on litigious motions; discretionary. — The court may, in the
exercise of its discretion, and if deemed necessary for its resolution, call a hearing on
the motion. The notice of hearing shall be addressed to all parties concerned, and shall
specify the time and date of the hearing. (5)
Section 7. Proof of service necessary. — No written motion shall be acted upon by the
court without proof of service thereof, pursuant to Section 5(b) hereof. (6)
Section 8. Motion day. — Except for motions requiring immediate action, where the
court decides to conduct hearing on a litigious motion, the same shall be set on a
Friday. (7)
Section 9. Omnibus motion. — Subject to the provisions of Section 1 of Rule 9, a

motion attacking a pleading, order, judgment, or proceeding shall include all objections
then available, and all objections not so included shall be deemed waived. (8)
Section 10. Motion for leave. — A motion for leave to file a pleading or motion shall be
accompanied by the pleading or motion sought to be admitted. ℒαwρhi ৷ (9)
Section 11. Form. — The Rules applicable to pleadings shall apply to written motions
so far as concerns caption, designation, signature, and other matters of form. (10)
Section 12. Prohibited motions. — The following motions shall not be allowed:
(a) Motion to dismiss except on the following grounds:
1) That the court has no jurisdiction over the subject matter of the claim;
2) That there is another action pending between the same parties for the
same cause; and
3) That the cause of action is barred by a prior judgment or by the statute

of limitations;
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the court's action on the affirmative defenses;
(d) Motion to suspend proceedings without a temporary restraining order or

injunction issued by a higher court;
(e) Motion for extension of time to file pleadings, affidavits or any other papers,
except a motion for extension to file an answer as provided by Section 11, Rule
11; and
(f) Motion for postponement intended for delay, except if it is based on acts of
God, force majeure or physical inability of the witness to appear and testify. If the
motion is granted based on such exceptions, the moving party shall be warned
98
that the presentation of its evidence must still be terminated on the dates
previously agreed upon.
A motion for postponement, whether written or oral, shall, at all times, be accompanied
by the original official receipt from the office of the clerk of court evidencing payment of
the postponement fee under Section 21(b), Rule 141, to be submitted either at the time
of the filing of said motion or not later than the next hearing date. The clerk of court shall
not accept the motion unless accompanied by the original receipt. (n)
Section 13. Dismissal with prejudice. — Subject to the right of appeal, an order granting
a motion to dismiss or an affirmative defense that the cause of action is barred by a
prior judgment or by the statute of limitations; that the claim or demand set forth in the
plaintiffs pleading has been paid, waived, abandoned or otherwise extinguished; or that
the claim on which the action is founded is unenforceable under the provisions of the
statute of frauds, shall bar the refiling of the same action or claim. (5, R16)
99

General Principles in Remedial LAW: Civil Procedure 1 / A.Y. 2022-2023 2 Semester

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General Principles in Remedial LAW: Civil Procedure 1 / A.Y. 2022-2023 2 Semester

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Personal Notes of : JUDGE ANGIEBEL A.

GENERAL PRINCIPLES IN REMEDIAL

NATURE OF REMEDIAL LAW

MECHANICS OF DUE PROCESS AS PART OF REMEDIAL LAW

1. A court or tribunal clothed with judicial power to hear and determine

2. Jurisdiction must be lawfully acquired over the person of the

3. The defendant must be given an opportunity to be heard

4. Judgment must be rendered upon a lawful hearing (Consolidated

DISTINCTION BETWEEN SUBSTANTIVE AND PROCEDURAL LAW

SUBSTANTIVE LAW PROCEDURAL LAW

a. Substantive law creates, Procedural law prescribes the

POWER TO PROMULGATE PROCEDURAL RULES

TO WHOM JUDICIAL POWER IS VESTED?

WHAT ARE THE DIFFERENT COURTS IN THE PHILS EXERCISING

a. Constitional Court - court which is established by the

b. Statutory Courts - courts which are established by law

TO WHOM JURISDICTION IS LODGED?

HOW TO DETERMINE JURISDICTION

REGIONAL TRIAL COURT is a court of GENERAL JURISDICTION

CAN THE RTC DESIGNATED AS A SPECIAL COMMERCIAL COURT

- The matter of whether the RTC resolves an issue in the exercise

2. SPECIAL OR LIMITED JURISDICTION

COURTS OF SPECIAL JURISDICTION

1. RTC acting as a Family Court can entertain cases over marriage

- The power of the court to take judicial cognizance of a case

COURTS WHICH CAN EXERCISE ORIGINAL JURISDICTION

5. EXCLUSIVE ORIGINAL JURISDICTION

COURTS WHICH HAVE EXCLUSIVE ORIGINAL JURISDICTION

COURTS WHICH HAVE APPELLATE JURISDICTION

COURTS EXERCISING DELEGATED JURISDICTION

1. Metropolitan Trial Courts

DOCTRINES AND PRINCIPLES ON JURISDICTION

1. RESIDUAL POWER OR JURISDICTION OF THE COURT

- SECTION 9, RULE 41 OF THE RULES explains that the court of

execution because the respondent’s appeal was not perfected.

2. DOCTRINE OF PRIMARY JURISDICTION

Acts and decision of the court is NULL AND VOID if it is in violation

3. DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF

4. DOCTRINE OF HIERARCHY OF COURT (2017 Bar Exams)

- It is negligence or omission to assert a right within a reasonable

DOCTRINE OF ESTOPPEL BY LACHES OR EQUITABLE

6. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

PAYMENT OF FILING OR DOCKET FEES IS JURISDICTIONAL

HOWEVER, that ruling was RELAXED in SUN INSURANCE VS.

- That any unpaid fees, should be considered a LIEN on the

- While the timely payment of docket fees is jurisdictional,

MANNER OF ACQUIRING JURISDCITION BY THE COURT

- In order for the a judgment to be valid, it must be rendered by a

1. Over the subject matter of the action

1. JURISDICTION OVER THE SUBJECT MATTER

- The Court wrote in Allied Domecq Philippines, Inc. versus

- Jurisdiction over the subject matter is the power to hear and

- It is conferred by law and not by the consent or acquiescence of

- Basic is the rule that jurisdiction over the subject matter is

HOW CAN THE COURT ACQUIRE JURISDICTION OVER THE

- It is axiomatic that the nature of an action and whether the tribunal

1. Material allegations of the complaint

- Jurisdiction is not affected by the pleas or the theories set up by

CAN THE DEFENSES IN THE ANSWER BE CONSIDERED TO

- The jurisdiction of the court cannot be made to depend upon the

- What determines the jurisdiction of the court is the nature of the

2. JURISDICTION OVER THE PARTIES

A. OVER THE PLAINTIFF/PETITIONER