CIVIL PROCEDURE

MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)

JURISDICTION • Small claims

Jurisdiction is conferred by law. o not exceeding 400k (MM);
o not exceeding 300k (outside MM)
General vs Special Jurisdiction
While RTC may be designated as a Commercial RTC
Court exercising special jurisdiction, such court ORIGINAL JURISDICTION
is not divested of its general jurisdiction to try • claims; probate, maritime claims
ordinary civil actions. o exceeding 400k (MM);
(Stephen Cu vs RCBC Securities) o exceeding 300k (outside MM)
• claims affecting title to, possession or
Continuing Jurisdiction interest of a real property (assessed
Once a court acquires jurisdiction over a value)
controversy, it shall continue to exercise it until o MM – exceeding 50k
final determination of the case. o outside MM –exceeding 20k
• family courts
Residual Jurisdiction • INCAPABLE OF PECUNIARY
When a court has rendered judgement and the ESTIMATION
losing party files an appeal, prior to the • Intra-corporate jurisdiction
transmittal of the original record or the record on APPELATE JURISDICTION
appeal, the court may • Review on decisions of the MTC
a. issue orders for the protection and
preservation of the rights if the parties COURT OF APPEALS
which do not involve any matter litigated ORIGINAL JURISDICTION
by the appeal; • Annulment of judgement
b. approve compromises ORIGINAL AND CONCURRENT
c. permit appeals of indigent litigants JURISDICTION
d. order execution pending appeal in • Certiorari
accordance with Sec2 of Rule 39 • Prohibition
e. allow withdrawal of the appeal • Qu warranto
• Habeas corpus
ORIGINAL AND APPELLATE JURISDICTION • Habeas corpus on custody of minors
***COMPLETE LIST ON THE REVIEWER
• Writ of habeas data
MTC
• Writ of amparo
ORIGINAL JURISDICTION
• Writ of kalikasan
• ejectment cases
• Writ of continuing mandamus
• claims; probate, maritime claims
o not exceeding 400k (MM);
SUPREME COURT
o not exceeding 300k (outside MM)
ORIGINAL
• claims affecting title to, possession or
• Certiorari
interest of a real property (assessed
value) • Prohibition
o MM – not exceeding 50k • Mandamus
o outside MM – not exceeding 20k • Quo warranto
• Summary procedure • Habeas corpus
o MM – not exceeding 200k • Disciplinary proceedings of the judiciary
o outsideMM – not exceeding 100K and attorneys

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CIVIL PROCEDURE
MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
• Cases affecting ambassadors, other
public ministers and consuls
(LABRADOR VS CORPUZ)
A writ of habeas corpus may be availed of as a
post-conviction remedy and filed in the Supreme
Court in the following instances:
• Violation of constitutional rights
• The court has no jurisdiction to impose
the sentence
• Imposed penalty is excessive thus
avoiding the sentence as to the excess
(The excess of the penalty imposed as to
the penalty imposed by law may be
subject of habeas corpus)
(CIR vs Sec of Justice and Metropolitan Cebu
Water District)
Under the administrative code of 1987, when
there is a dispute between 2 govt
instrumentalities, the jurisdiction is with the
Secretary of Justice.
(Munez vs People)
If a regular court renders judgment in a case in
violation of RA 3019, it is Sandiganbayan and
not CA whom has the appellate jurisdiction.
Jurisdiction over the Person of the Plaintiff
• Filing of the complaint
• Payment of filing fees
Note:
Payment of filing fees is jurisdictional. Hence
non-payment is a subject matter of a motion
to dismiss.
(Since there are only 4 grounds of a motion
to dismiss, the non-payment of filing fees
falls on the lack of jurisdiction on the subject
matter)
Case: Cu vs RCBC Securities
If the deficiency of payment of filing fees is
based on the reliance to the assessment of the
clerk of court and it is paid in good faith, the case
will not be dismissed. A new assessment shall
be made and the deficiency shall be paid.
(Sun Insurance case)
In the absence of bad faith and without the intent
to defraud the government, deficiency of
payment of filing fees shall be made within the
reglementary or prescriptive period, hence the
case will not be dismissed.
In a compulsory counterclaim, filing of filing fees
is not required; but it is required in a permissive
counterclaim
Lien on the Judgment Award
• Not prayed for in the complaint but the
court awarded because it is prayed for
and seeking for relief for all other
remedies that the court will find just and
equitable.
• Indigent
• In a criminal case, when the offended
party seeks to enforce civil liability
against the accuse by way of moral,
nominal, temperate or exemplary
damages without specifying the amount
thereof in a complaint or information, the
filing fees thereof shall constitute a first
lien in the judgment awarding such
damages (sec 1 par2 Rule 111)
• Citizen suit – deferred payment
Exempt from filing fees
• Writ of amparo
• Writ of kalikasan
• Writ of continuing mandamus
Action For Damages
Under RA7691, jurisdiction is determined by the
allegations on the complaint, i.e. amount of the
claim exclusive of damages, attorney’s fees,
cost of suit and interest. However, in an action
for damages, the jurisdiction is determined by
the amount of the damages claimed.
Incapable of Pecuniary Estimation
The amount of filing fee is FIXED.
Indigent
An indigent is exempt from payment of legal
fees. The legal fees shall be lien on any
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
judgment rendered in the case favorable to the
indigent litigant unless the court otherwise
provides.
• Gross income and that of their immediate
family does not exceed double the
monthly minimum wage
• Does not own a real property with a FMV
stated in the tax declaration exceeding
300k
Jurisdiction over the Person of the
Defendant
• Proper service of summons
• Voluntary appearance
Note:
• summons is effective until recalled by the
court
• Lack of jurisdiction over the person of the
defendant cannot be used as a ground
for a motion to dismiss but may be raised
as an affirmative defense in an answer.
Estoppel on Question of Jurisdiction
(Tijam vs Sibunghanoy)
While the lack of jurisdiction may be raised at
stage of an action, nevertheless A party is
estopped from questioning the jurisdiction of the
court if he has actively taken part on the
proceedings and only questioned and objects to
jurisdiction when the judgment or order
rendered is adverse to his claim.
Doctrine of Primary Jurisdiction
The doctrine of primary jurisdiction holds that if
a case is such that its determination requires the
expertise, specialized training and knowledge of
the proper administrative bodies, relief must first
be obtained in an administrative proceeding
before a remedy is supplied by the courts even
if the matter may well be within their proper
jurisdiction. [Province of Aklan v. Jody King
Construction and Dev’t Corp., G.R. No. 197592
(2013)]
The objective of the doctrine of primary
jurisdiction is to guide the court in determining
whether it should refrain from exercising its
jurisdiction until after an administrative agency
has determined some question or some aspect
of some question arising in the proceeding
before the court. [Province of Aklan v. Jody King
Construction and Dev’t Corp., G.R. No. 197592
(2013)]
Exhaustion of Administrative Remedies
Doctrine of exhaustion of administrative
remedies in which courts cannot determine a
controversy involving a
question which is within the jurisdiction of the
administrative tribunal prior to the resolution of
that question by the administrative tribunal.
[International Service v. Greenpeace Southeast
Asia, G.R. No. 209271 (2015)]
Citizen Suit – Writ of Kalikasan
(Mayor Tomas Osmena v Garganera et.al.)
A writ of kalikasan is an extraordinary remedy
involving environmental damage to such
magnitude as to prejudice the life, health, or
property of inhabitants in two or more cities or
provinces.
The prior 30-day notice requirement for citizen
suit is inapplicable. It is within the court’s
discretion to accept it.
Presumptive Death
(Matias vs Republic of the Philippines)
A petition declaring the presumptive death of a
person for purposes other than remarriage is not
a valid suit.
RTC erred in declaring the presumptive death of
Wilfredo under article 41 of the fc; petitioner’s
petition for the declaration of presumptive death
is not based on article 41 of the fc, but on the
civil code. Petitioner’s petition for declaration of
presumptive death ought to have been
dismissed; a petition whose sole objective is to
declare a person presumptively dead under the
civil code, like that filed by the petitioner before
the RTC, is not a viable suit in our jurisdiction.
The Court declares that a judicial decision of a
court of law that a person is presumptively dead
is not a requirement before the Philippine
Veterans’ Affairs Office or the Armed Forces of
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
the Philippines can grant and pay the benefits
under Presidential Decree No. 1638
Quasi-judicial Agency
(Peter So vs PDIC)
In carrying out their quasi-judicial functions the
administrative officers or bodies are required to
investigate facts or ascertain the existence of
facts, hold hearings, weigh evidence, and draw
conclusions from them as basis for their official
action and exercise of discretion in a judicial
nature.
The Court has laid down the test for determining
whether an administrative body is exercising judicial
or merely investigatory functions: adjudication
signifies the exercise of the power and authority to
adjudicate upon the rights and obligations of the
parties. Hence, if the only purpose of an
investigation is to evaluate the evidence submitted
to an agency based on the facts and circumstances
presented to it, and if the agency is not authorized to
make a final pronouncement affecting the parties,
then there is an absence of judicial discretion and
judgment.
It is also stated in its charter that it should be filed in
the CA.
Indigenous People
(Heirs if Tunged vs Sta Lucia Properties)
Pursuant to Section 66 of the IPRA, the NCIP shall
have jurisdiction over claims and disputes involving
rights of ICCs/IPs only when they arise between or
among parties belonging to the same ICC/IP. When
such claims and disputes arise between or among
parties who do not belong to the same ICC/IP, i.e.,
parties belonging to different ICC/IPs or where one
of the parties is a non-ICCIIP, the case shall fall
under the jurisdiction of the proper Courts of Justice,
instead of the NCIP. In this case, while most of the
petitioners belong to Talaandig Tribe, respondents
do not belong to the same ICC/IP. Thus, even if the
real issue involves a dispute over land which appear
to be located within the ancestral domain of the
Talaandig Tribe, it is not the NCIP but the RTC which
shall have the power to hear, try and decide this
case.
ACTIONS
Real Actions; Personal Actions
- Determines venue
In rem, In personam, Quasi in rem
Pertains to the effect of judgment as against persons
Why distinction is important
● To determine the binding effect of a
decision the court may render over a
party, whether impleaded or not
[Paderanga v. Buissan, G.R. No. 49475
(1993)]
● To determine whether or not jurisdiction
over the person of the defendant is
required, and the type of summons to be
employed [1 Riano 206, 2016 Bantam Ed.]
General Provisions
Ordinary civil action
Every ordinary civil action should have a cause of
action
Special Civil Action
one which is subject to the specific rules prescribed
for a special civil action but also governed by the
rules for ordinary civil actions. [Sec. 3(a), par. 2, Rule
1]
Rules 62 to 71 provide for special civil actions.
However, despite having particular rules which
govern the special civil actions, the rules for
ordinary civil action still apply.
Criminal Actions
One by which the State prosecutes a person for an
act or omission punishable by law [Sec. 3(b), Rule 1]
Proceedings are to be regarded as criminal when the
purpose is primarily punishment, and
civil when the purpose is primarily compensatory or
remedial. [People vs Godoy,
243 SCRA 64 (1995)]
Special Proceeding
A remedy by which a party seeks to establish a
status, a right, or a particular fact [Sec. 3(c), Rule 1]
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
Cause of Action
A cause of action is an act or omission by which
a party violates a right of another [Sec. 2, Rule
2]
A cause of action must exist at the time of the
filing of the complaint – else, the case shall
be dismissible for being a groundless suit.
Elements of a cause of action
a. Plaintiff’s legal right;
b. Defendant’s correlative obligation to
respect plaintiff’s right; and
c. Defendant’s act/omission in violation of
plaintiff’s right
Distinguish: Failure of the Complaint to
State a Cause of Action and Lack of Cause
of Action
The cause of action must unmistakably b
alleged in the complaint, such that all the
elements required by substantive law must
clearly appear from a mere reading of the
complaint. [1 Riano 240, 2014 Bantam Ed.]
Failure to state a cause of action is no longer a
ground for a motion to dismiss under the
Amended Rules. It is, however, one of the
enumerated Affirmative Defenses that must be
set out in the Answer or else it is deemed
waived. [Sec 12, Rule 8]
The complaint must contain a concise statement
of the ultimate or essential facts constituting the
plaintiff’s cause of action. The focus is on
sufficiency, not veracity, of the material
allegations. [Anchor Savings Bank v. Furigay,
G.R. No. 191178 (2013)]
Splitting Cause of Action
The act of instituting two or more suits on the
basis of the same cause of action [Sec. 4, Rule
2], or splitting a single cause of action, is
prohibited by the Rules. Such is referred to as
“splitting a single cause of action”. A party may
not institute more than one suit for a single
cause of action. [Sec. 3, Rule 2]
Tests to determine a “single” cause of
action
The tests to ascertain whether two suits relate
to a single or common cause of action are:
a. Whether the same evidence would
support and sustain both causes of
action (Same Evidence Test);
b. Whether the defenses in one case may
be used to substantiate the complaint in
the other; and
c. Whether the cause of action in the
second case existed at the time of filing
of the first complaint.
Joinder of causes of action
It is the assertion of as many causes of action
as a party may have against another in one
pleading alone. [Sec. 5, Rule 2]
It is the process of uniting two or more demands
or rights of action in one action. [1 Riano 187,
2016 Bantam Ed.]
Rationale
To avoid a multiplicity of suits and to expedite
disposition of litigation at minimum cost. [Ada
v. Baylon, G.R. No. 182435 (2012)]
Rule merely permissive
The rule however is purely permissive as there
is no positive provision of law or any rule of
jurisprudence which compels a party to join all
his causes of action and bring them at one and
the same time. [Nabus v. CA, G.R. No. 91670
(1991)]
Requisites
a. The plaintiff asserts numerous causes of
action in one pleading
b. The causes of action are against the
opposing party
c. The party joining the causes of action
complies with the rules on joinder of
parties under Sec 6, Rule 3, and
d. The joinder shall not include special civil
actions or actions governed by special
rules.
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
Where causes of action are between the same
parties but pertain to different venues or
jurisdictions, the joinder may be allowed in
the RTC provided one of the causes of action
are within that court’s jurisdiction and venue lies
therein [Sec. 5, Rule 2]
Totality Rule applies in Joinder of Actions
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
Misjoinder of causes of action
There is misjoinder of causes of action when
conditions for joinder under Section 5, Rule 2
are not met. [Perez v. Hermano, G.R. No.
147417 (2005)]
PARTIES TO A CIVIL ACTION
Real Parties in Interest
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 [Sec. 2, Rule 3]
Who may be parties
1. Natural persons [Sec. 1, Rule 3]
2. Juridical persons [Sec. 1, Rule 3]
3. Entities authorized by law [Sec. 1, Rule 3]
Legal capacity to sue
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.
[Sec. 4, Rule 8]
Minor or incompetent person as party
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. [Sec. 5, Rule 3]
Spouses as parties
General rule: Husband and wife shall sue and
be sued jointly.
Note:
Service summons shall be served to each
separately.
Exception: As provided by law. [Sec. 4, Rule 3]
i.e. practice of profession; involves exclusive
property of one spouse; judicial separation of
property; acts of negligence by one spouse; acts
of negligence resulted to damage to another;
criminal case committed against the other
spouse
Duty of counsel upon death of client
a. Inform court of such fact within 30 days
after the death; and
Note: counted from the fact of death and
not from the knowledge of the lawyer
b. Give the name and address of the legal
representative. [Sec. 16, Rule 3]
Action of court upon notice of death
Upon receipt of notice, the court shall determine
if the claim is extinguished by such death.
a. Claim does not survive: substitution
would not be ordered
b. Claim survives: the court shall order the
legal representative of the deceased to
appear and be substituted for him within
30 days [Sec. 16, Rule 3]
Court may order the opposing party, within a
specific time, to procure the appointment of an
administrator or executor of the estate in the ff.
cases
a. No legal representative is named; or
b. The one so named fails to appear within
the specified period. [Sec. 16, Rule 3]
Substitution
1. By reason of death
2. Public Officer – resigns, died, ceased to
hold office
3. Transfer of interest
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
Juridical Person
a. Domestic Juridical Person
b. Foreign Juridical Person
c. Entities authorized by law
d. Non juridical entities
Requisites
a. There are 2 or more persons not
organized as a juridical entity; and
b. They enter into a transaction. [Sec.
15, Rule 3]
Persons associated in an entity without
juridical personality may be sued under
the name by which they are generally or
commonly known. [Sec. 15, Rule 3]
Note: The authority to be a party under
Sec. 15, Rule 3 is confined only to being
a defendant and not as a plaintiff. This is
evident from the words, “they may be
used” [1 Riano 265, 2014 Bantam Ed.]
When persons associated in an entity
without juridical personality are sued, the
service of summons may be effected
upon all the defendants by serving upon
any of them, or upon the person in
charge of the office or place of business
maintained under such name. [Sec. 7,
Rule 14]
Necessary Party vs Indispensable Party
A necessary party is not one who is
indispensable but, rather, one 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. [Sec. 8, Rule 3]
• May be joined whenever possible
• Presence is not mandatory because his
interest is separable from that of the
indispensable party.
• Final decree can be had in a case even
without a necessary party.
An indispensable party is one whose interest
in the subject matter of the suit and the relief
sought are so inextricably intertwined with the
other parties that his legal presence as a party
to the proceeding is an absolute necessity;
without whom no final determination can be had
of an action.
• Must be joined under any and all
conditions
• Presence is mandatory, he must be
joined because the court cannot proceed
without him
• No final determination can be had of a
case without his presence.
Failure to implead an indispensable party is a
ground for annulment of judgment.
Class Suit vs Citizen Suit
Requisites
a. Subject matter of the controversy is one
of common or general interest to many
persons;
b. The persons are so numerous that it is
impracticable to join them all as parties;
c. The court finds a number of them
sufficiently numerous and representative
of the class as to fully protect the
interests of all concerned; and
d. The representative sues or defends for
the benefit of all. [Sec. 12, Rule 3]
A class suit does not require a commonality of
interest in the questions involved in the suit.
What is required by the Rules is a common or
general interest in the subject matter of the
litigation [Mathay v. Consolidated Bank & Trust
Company, G.R. No. L-23136 (1974)]
A class suit shall not be dismissed or
compromised without the approval of the court.
Citizen Suit
1. Any Filipino citizen in representation of
others, including minors or generations
yet unborn, may file an action to enforce
rights or obligations under environmental
laws.
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
2. Upon the filing of a citizen suit, the court
shall issue an order which shall contain a
brief description of the cause of action
and the reliefs prayed for, requiring all
interested parties to manifest their
interest to intervene in the case within 15
days from notice thereof.
3. The plaintiff may publish the order once
in a newspaper of a general circulation in
the Philippines or furnish all affected
barangays copies of said order.
VENUE
CASE: Hygienic Packaging Corp. vs. Nutri
asia, Inc., doing business under the name and
Style of UFC Philippines [G.R. No. 201302,
January 23, 2019]
PONENTE: Associate Justice Mario Victor F.
Leonen
Parties are allowed to constitute any stipulation
on the venue or mode of dispute resolution as
part of their freedom to contract under Article
1306 of the Civil Code of the Philippines, which
provides:
ARTICLE 1306. The contracting parties may
establish such stipulations, clauses, terms and
conditions as they may deem convenient,
provided they are not contrary to law, morals,
good customs, public order, or public policy.
Here, however, the parties failed to provide
evidence of any contract, which could have
contained stipulations on the venue of dispute
resolution.
Upon examination of the Sales Invoices and the
Purchase Orders, these documents cannot be
considered as contracts that would bind the
parties as to the venue of dispute resolution.
An action for collection of sum of money is a
personal action. Taking into account that no
exception can be applied in this case, the
venue, then, is “where the plaintiff or any of the
principal plaintiffs resides, or where the
defendant or any of the principal defendants
resides, . . . at the election of the plaintiff.” For a
corporation, its residence is considered “the
place where its principal office is located as
stated in its Articles of Incorporation.”[Pilipinas
Shell Petroleum Corporation v. Royal Ferry
Services, Inc., G.R. No. 188146, February 1,
2017].
Here, Hygienic’s principal place of business is in
San Pedro, Laguna whereas, Nutri-Asia’s
principal office is at Ortigas Center, Pasig City.
Considering that the amount Hygienic claims
falls within the jurisdiction of the RTC, Hygienic
may file its Complaint for sum of money either in
the RTC of San Pedro, Laguna or in the RTC of
Pasig City. The filing in the RTC of Manila is
improper.
Venue refers to the place where a civil action
may be tried; in civil cases, it essentially
concerns a rule of procedure which looks
primarily at the convenience of the litigants.
CIVIL CASES – procedural; not jurisdictional
CRIMINAL CASES – jurisdictional
Venue of Real Actions
Real actions shall be commenced and tried in
the proper court which has jurisdiction over the
area wherein the real property involved, or a
portion thereof is situated.
Forcible entry and detainer actions shall be
commenced and tried in the municipal court of
the municipality or city wherein the real property
involved, or a portion thereof, is situated.
[Sec. 1, Rule 4]
Where the subject-matter of the action
involves various parcels of land situated in
different provinces, the venue is determined
by the singularity or plurality of the transactions
involving said parcels of land. Thus, where said
parcels are the objects of one and the same
transaction, the venue is in the court of any of
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the provinces wherein a parcel of land is real property involved, or a portion

situated. thereof is situated. [Sec. 1, Rule 4]
Non-resident not found in the Philippines,
Venue of Personal Actions and the action affects:
All other actions may be commenced and tried a. Personal status of plaintiff – where
at the plaintiff’s election: plaintiff resides, or
a. Where the plaintiff or any of the principal b. Property of defendant in the
plaintiffs resides, or Philippines – where the property, or any
b. Where the defendant or any of the portion thereof, is situated or found [Sec.
principal defendants resides, or 3, Rule 4]
c. In case of a non-resident defendant,
where he may be found. [Sec. 2, Rule 4] When the Rules on Venue Do Not Apply
a. Cases where a specific rule or law
Note: provides otherwise; examples:
In case of stipulation of venue, the recent 1. Quo warranto proceeding
stipulation of venue in a contract of commenced by the Solicitor General,
loan/promissory note that will prevail and [Sec. 7, Rule 66]
supersede the previous stipulations. • The action may be brought in
the Supreme Court, the Court
In case of a forged contract, the stipulated of Appeals, or in a Regional
venue on the said contract, the parties will not Trial Court in the City of
be bound by the venue stipulated. Manila.
2. Petition for a continuing writ of
In the absence of the word of EXCLUSIVITY on mandamus, and [Sec. 2, Rule 8,
a stipulated venue, such stipulation will just be Rules of Procedure for Environmental
in addition to the venue provided for by law. Cases]
The plaintiff or the defendant must be residents • The petition shall be filed with
of the place where the action has been instituted the Regional Trial Court
at the time the action is commenced. exercising jurisdiction over the
territory where the actionable
The residence of a person is his personal, actual neglect or omission occurred
or physical habitation or his actual residence or or with the Court of Appeals or
place of abode, which may not necessarily be the Supreme Court.
his legal residence or domicile provided he 3. Civil and criminal action for damages
resides therein with continuity and consistency. in written defamation. [Art. 360, RPC]
• Note that for written
Venue of Actions Against Non-Residents defamations, the default venue
Non-resident found in the Philippines would be the place where the
a. Personal action: where the nonresident libelous article is first
defendant may be found, as authorized published or where any of the
by Sec. 2, Rule 4, but with an additional offended parties reside
alternative venue, i.e., the residence of • In case that the offended party
any of the principal plaintiffs, pursuant to is a public officer, the proper
Secs. 2 and 3, Rule 4. [1 Regalado 121, venue would be either where
2010 Ed.] he holds office at the time of
b. Real action: in the proper court which the commission of the crime,
has jurisdiction over the area wherein the or the place where the libelous
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article is first published [Art.

360, RPC] UNIFORM PROCEDURE
b. Parties have validly agreed in writing
before the filing of an action on the
exclusive venue thereof. [Sec. 4, Rule 4] ORDINARY PROCEDURE

Effects of Stipulations on Venue

The parties may stipulate on the venue as long COMPLAINT
as the agreement is:
a. In writing, (within 30 days)
b. Made before the filing of the action, and
c. Exclusive as to the venue ANSWER
One time extension allowed
Types of stipulations on venue ***IF there is an actionable document
a. Restrictive: suit may be filed only in the attached to the answer, a reply is
place agreed upon required; OTHERWISE
b. Permissive: parties may file their suit not NOT REQUIRED
only in the place agreed upon but also in
the places fixed by the rules. (Within 5 Days
From The
CASE: Irene Marcos – Araneta vs. CA Last Responsive
The RTC acquired no jurisdiction on the ground of Pleading)
improper venue. The case being a personal action \
should be instituted in the place of residence of the NOTICE OF PRETRIAL
plaintiff or PRINCIPAL PLAINTIFFS, the residence (Within 60 days
of the defendants or PRINCIPAL DEFENDANTS at from the filing
of the last responsive
the election of the plaintiff. The amendment of the pleading)
complaint and impleading 2 parties being her Submission of pre-trial brief and judicial affidavit
trustees that resides in Batac Ilocos Norte is PRE-TRIAL
immaterial. Irene, being the principal plaintiff should COURT ANNEXED MEDIATION (30DAYS)
have the case instituted in the place of her JUDICIAL DISPUTE RESOLUTION(15DAYS)
residence.
Within 10 days,
issue a PRE-TRIAL ORDER

\ TRIAL
(300 days, 180 days if without 3rd and 4th party claim, cross claim
and counterclaim)

(WITHIN 90 DAYS
FROM THE CASE IS
SUBMITTED FOR
RESOLUTION)

\ JUDGMENT

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SUMMARY PROCEDURE - MTC Prohibited pleadings, motions, or petitions

1. All cases of forcible entry and unlawful 1. Motion to dismiss the complaint or to
detainer (FEUD), irrespective of the amount of quash the complaint or information
damages or unpaid rentals sought to be
recovered, except on the ground of lack of
2. All other cases, except probate proceedings, jurisdiction over the subject matter, or
where the total amount of the plaintiff‘s claim failure to comply with required barangay
does not exceed P100,000 outside Metro conciliation proceedings
Manila or P200,000 in Metro Manila, exclusive 2. Motion for a bill of particulars
of interest and costs [Sec. 1, Revised Rule on
Summary Procedure, as amended by A.M. No. 3. Motion for new trial, or for
02-11-09-SC] reconsideration of a judgment, or for
opening of trial
4. Petition for relief from judgment
COMPLAINT 5. Motion for extension of time to file
pleadings, affidavits or any other paper
***IF NO ANSWER IS FILED, THE COURT 6. Memoranda
CAN RENDER SUMMARY JUDGMENT 7. Petition for certiorari, mandamus, or
Within 10 days prohibition against any interlocutory
order issued by the court
ANSWER 8. Motion to declare the defendant in default
*if no answer is filed, the court can render judgment, 9. Dilatory motions for postponement
motion for default not allowed; 10. Reply
No preponderance of evidence needed; judgment based on
what the pleading may warrant 11. Third party complaints, and
12. Interventions [Sec. 19]
Within 30 days from the filing
of the last pleading or answer
SMALL CLAIMS - MTC
PRELIMINARY CONFERENCE
***Stipulation of facts, Admissions, COMPLAINT FORM
Compromise
Within 10 days

JUDGMENT ANSWER/RESPONSE FORM

***if there is no response filed but
***If the Court finds that there is attended the hearing,
sufficient evidence for it to the statement in the hearing
render judgment shall be considered as the response
within 10 days from the
issuance of the preliminary
conference order
HEARING
JUDICIAL AFFIDAVITS/ (1 DAY HEARING)
POSITION PAPER
Within 30 days Within 24 hours

JUDGMENT JUDGMENT
* Final, Executory, Non-Appealable;
Remedy: RULE 65

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The Revised Rules shall govern the procedure
in actions for payment of money where the
value of the claim does not exceed PHP
400,000 in cases filed before the MeTC, and
P300,000 in cases filed before the MCTC,
MTCS, and MTCC, exclusive of interest and
costs. [ February 26, 2019 Resolution in A.M.
No. 08-8-7-SC] [OCA Circular No. 45-2019]
Applicability
All actions which are purely civil in nature, where
the claim or relief prayed for by the plaintiff is
solely for payment or reimbursement of sum of
money.
The claim or demand may be:
1. For money owed under a contract of
lease, loan, services, sale, or
mortgage,
2. For liquidated damages arising from
contracts, or
3. The enforcement of a barangay
amicable settlement or an arbitration
award involving a money claim covered
by this Rule pursuant to Sec. 417 of the
LGC. [Sec. 2, A.M. No. 08-8-7-SC,
February 1, 2016]
Note:
In the certification against non-forum shopping,
it must indicate that it is not filed with splitting of
causes of action or multiplicity of suits.
Lawyer is not required.
Filing Fees:
1ST TO 5TH SUIT within a year – 500
6th- 10th suit – additional 100
11th to 15th – Additional 100
Must state if the plaintiff is engage in banking or
lending activities or similar activities
Prohibited pleadings and motions
1. Motion to dismiss the complaint except
on the ground of lack of jurisdiction
2. Motion for a bill of particulars
3. Motion for new trial, or for
reconsideration of a judgment, or for
reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file
pleadings, affidavits, or any other paper
6. Memoranda
7. Petition for certiorari, mandamus, or
prohibition against any interlocutory
order issued by the court
8. Motion to declare the defendant in default
9. Dilatory motions for postponement
10. Reply
11. Third-party complaints, and
12. Interventions [Sec. 14]
PLEADINGS
Pleadings are the written statements of the
respective claims and defenses of the parties,
submitted to the court for appropriate judgment.
The contents of pleadings are no longer limited
to ultimate facts since under Sec. 6, Rule 7, the
witnesses, summaries of their testimonies,
their judicial affidavits, and documentary
and object evidence should already be
included in the pleading. Likewise, Sec. 1 of
Rule 8 also states that every pleading must
contain the ultimate facts, including the
evidence on which the party pleading relies.
The complaint is the pleading alleging the
plaintiff’s or claiming party’s cause or causes of
action. [Sec. 3, Rule 6]
An answer is a pleading in which a defending
party sets forth his or her defenses.
Negative Defenses
A negative defense is the specific denial of the
material fact or facts alleged in the pleading of
the claimant essential to his or her cause or
causes of action. [Sec. 5 (a), Rule 6]
Note: A general denial is considered as an
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admission. [1 Riano 293, 2016 Bantam Ed.] days from the filing of the answer. [Sec. 12(c),
Rule 8]
Affirmative Defenses
An affirmative defense is an allegation of a new However,
matter which, while hypothetically admitting the Sec 5 par 2, rule 6
material allegations in the pleading of the • Litis pendentia
claimant, would nevertheless prevent or bar • Resjudicata
recovery by him or her. De[ending on the Court, a hearing may be
conducted.
• 2 groups of affirmative defenses • lack of jurisdiction over the subject
matter
• Sec 5 (B) Rule 6 No hearing required.
• Fraud
• statute of limitations Remedy if the affirmative defense is denied
• release Affirmative defenses, if denied, shall not be the
• payment subject of a motion for reconsideration, or a
• illegality petition for certiorari, prohibition, or mandamus,
• statute of fraud but may be among the matters to be raised
• estoppel on appeal after a judgment on the merits.
• former recovery [Sec. 12(e), Rule 8]
• discharge in bankruptcy
***IF THE AFFIRMATIVE DEFENSE IS
• any other matter by way of
GRANTED, shall not be the subject of a motion
confession and avoidance.
for reconsideration, or a petition for certiorari,
Note: The court is allowed to conduct a
prohibition, or mandamus, but may be among
summary hearing within 15 calendar days
the matters to be raised on appeal after a
from the allegation of these affirmative
judgment on the merits.
defenses in the answer. After such hearing,
they must be resolved by the court within 30
Note: If denied, the case will proceed to trial.
calendar days from the end of the summary
The defendant may raise the matter on
hearing. [Sec. 12(d), Rule 8]
appeal after judgment on the merits.
*** HEARING NOT MANDATORY
• Sec 12, Rule 8
o Lack of jurisdiction over the
person of the defendant, REPLY
o Improper venue, A reply is a pleading, the office or function of
o Lack of legal capacity to sue of the which is to deny, or allege facts in denial or
plaintiff, avoidance of new matters alleged in, or relating
o Failure to state a cause of action, to actionable documents attached to an answer.
and This is so, because under the Amended Rules,
o Failure to comply with a condition the plaintiff may file a reply only if the defending
precedent. party attaches an actionable document to his or
AND her answer. [Sec. 10, Rule 6]
Note: The court must motu proprio resolve Note: An actionable document is a written
these affirmative defenses within 30 calendar document that’s the basis of one’s cause of
action or defense.
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Note:
If the plaintiff wants to interpose a new claim on
the basis of the actionable document attached
in the answer, he should do this through an
amended or supplemental complaint.
• The amended complaint must be with
leave of court following Sec. 3, Rule 10.
• The supplemental complaint is allowed
only if it pertains to transactions,
occurrences, or events which have
happened since the date of the complaint
following Sec. 6, Rule 10.
THIRD (FOURTH, ETC.) PARTY
COMPLAINTS
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
other relief, in respect of his or her opponent's
claim. [Sec. 11, Rule 6]
Requisites
1. The party to be impleaded must not yet
be a party to the action
2. The claim against the third-party
defendant must belong to the original
defendant
3. The claim of the original defendant
against the third-party defendant must be
based upon the plaintiff's claim against
the original defendant,
4. The defendant is attempting to transfer to
the third-party defendant the liability
asserted against him by the original
plaintiff [Philtranco Service Enterprises,
Inc. v. Paras, G.R. No. 161909 (2012)],
and
5. The court grants leave of court for the
filing of the same [Sec. 11, Rule 6]
When the third (fourth, etc.) party complaint
will not be granted leave, and the court will
require the filing of a separate action:
1. Where matters extraneous to the issue in
the principal case are raised, or
2. Where a new and separate controversy
would be introduced in the action. [Sec.
11, Rule 6]
When, despite grant of leave allowing the
filing of a third-party complaint, the court
dismisses the third (fourth) party complaint
1. The third-party defendant cannot be
located within 30 days from grant of
leave. [Sec. 11, Rule 6]
FRAUD, MISTAKE, MALICE, INTENT,
KNOWLEDGE AND OTHER CONDITION OF
THE MIND, JUDGMENTS, OFFICIAL
DOCUMENTS OR ACTS
In all averments of fraud or mistake, the
circumstances constituting fraud or mistake
must be stated with particularity. [Sec. 5,
Rule 8]
Rationale:
The reason for this rule is that an allegation of
fraud concerns the morality of the defendant’s
conduct and he is entitled to know fully the
ground on which the allegations are made, so
he may have every opportunity to prepare his
case to clear himself at the trial [Guy v. Guy,
G.R. No. 189486 (2012)]
Malice, intent, knowledge or other condition of
the mind of a person may be averred generally
[Sec. 5, Rule 8]
NEGATIVE PREGNANT
A denial, pregnant with the admission of the
substantial facts in the pleading responded to
which are not squarely denied. It is in effect an
admission of the averment it is directed to.
[Philamgen v. Sweet Lines, G.R. No. 87434
(1993)]
A negative pregnant does not qualify as a
specific denial. It is conceded to be actually an
admission. It refers to a denial which implies its
affirmative opposite by seeming to deny only a
qualification or an incidental aspect of the
allegation but not the main allegation itself
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SIGNATURE AND ADDRESS
Every pleading and other written submissions to
the court must be signed by the party or
counsel representing him or her. [Sec. 3, Rule
7]
The signature of counsel constitutes a
certificate that he or she has read the pleading
and document and that such pleading or
document:
a. Is not being presented for any improper
purpose such as to harass, cause
unnecessary delay, or needlessly
increase cost of litigation;
b. Has claims, defenses, and other legal
contentions that are warranted by law or
jurisprudence, and not merely based on
frivolous arguments contrary to
jurisprudence;
c. Has factual contentions that have
evidentiary basis or will most likely be
supported by evidence after availment of
modes of discovery; and
d. The denials of facts are based on
evidence or based on belief of lack of
information if specially so identified. [Sec.
3, Rule 7]
Effect of violation of the Rule
The court may on motion or motu proprio,
after notice and hearing, impose an appropriate
sanction or refer such to the proper office for
disciplinary action, unless exceptional
circumstances are present.
On whom sanction imposed:
The attorney, law firm, or the party that violated
the rule.
Note: The law firm shall be jointly and
severally liable for a violation committed by its
partner, associate, or employee.
Sanction may include, but shall not be
limited to:
a. Non-monetary directive or sanction
b. An order to pay a penalty in court
c. An order directing payment of attorney’s
fees and other expenses
Note: the lawyer or law firm cannot pass on the
monetary penalty to the client. [Sec. 3, Rule
7]
VERIFICATION
General Rule: Pleadings need not be under
oath or verified. [Sec. 4, Rule 7]
Exception: When otherwise specifically
required by law or rule. [Sec. 4, Rule 7]
The following pleadings require verification,
to wit:
1. Pleadings filed in the inferior courts in
cases covered by the Rules on
Summary Procedure [Sec. 3B, Revised
Rules on Summary Procedure]
2. Petition for relief from judgment or order
[Sec. 3, Rule 38]
3. Petition for review from RTC to the CA
[Sec. 1, Rule 42]
4. Petition for review from quasi-judicial
agencies to the CA [Sec. 5, Rule 43]
5. Appeal by certiorari from the CTA to the
SC [Sec. 12, R.A. 9282 amending Sec.
19, R.A. 1125]
6. Appeal by certiorari from CA to the SC
[Sec. 1, Rule 45]
7. Petition for annulment of judgments or
final orders and resolutions [Sec. 1, Rule
47]
8. Complaint for injunction [Sec. 4, Rule 58]
9. Application for appointment of receiver
[Sec. 1, Rule 59]
10. Application for support pendente lite
[Sec.1, Rule 69]
11. Petition for certiorari against judgments,
final orders, or resolutions of
constitutional commissions [Sec. 2, Rule
64]
12. Petition for certiorari [Sec. 1, Rule 65]
13. Petition for prohibition [Sec. 2, Rule 65]
14. Petition for mandamus [Sec. 3, Rule 65
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15. Petition for quo warranto [Sec. 1, Rule
66]
16. Complaint for expropriation [Sec. 1, Rule
67]
17. Complaint for forcible entry or unlawful
detainer [Sec. 4, Rule 70]
18. Petition for indirect contempt [Sec. 4,
Rule 71]
19. Petition for appointment of a general
guardian [Sec. 2, Rule 93]
20. Petition for leave to sell or encumber
property of the ward by a guardian [Sec.
1, Rule 95]
21. Petition for declaration of competency Of
a ward [Sec. 1, Rule 97]
22. Petition for habeas corpus [Sec. 3, Rule
102]
23. Petition for change of name [Sec. 2, Rule
103]
24. Petition for voluntary judicial dissolution
of a corporation [Sec. 1, Rule 104]
25. Petition for cancellation or correction of
entries in the civil registry [Sec. 1, Rule
108]
Effect of noncompliance or defective
verification
General Rule: 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. [Sec. 4, Rule 7]
Note: An unsigned pleading produces no legal
effect and is a “mere scrap of paper.”
***it will not be subject to dismissal unless the
law provides (Rule 42, 43, 45, 65, 46)
Exception: Lack of verification is a mere formal,
and not a jurisdictional, requirement. As such, a
defect in the verification does not render the
pleading fatally defective and the court may
order its subsequent submission or correction if
such serves the ends of justice. [Vda. de
Formoso v. PNB, 650 SCRA
35 (2001)]
How Verified
By an affidavit under oath with the following
attestations:
a. The allegations in the pleading are true
and correct based on personal
knowledge or 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 above attestations must also appear in
the secretary cert/SPA/authorization of the
affiant
The authorization of the affiant to act on
behalf of the party, whether in the form of a
secretary’s certificate or a special power of
attorney, should be attached to the pleading.
[Sec. 4, Rule 7]
Note: It is submitted that the requirement of the
attachment of the document of authorization
implies that the authority of such person may no
longer be proven during trial. This, therefore,
overturns existing jurisprudence which provides
that proof of one’s authority to sign a verification
may be taken up during trial. Proof of authority
should already be established by attaching said
proof to the pleading.
CERTIFICATION AGAINST FORUM
SHOPPING
Forum shopping
The repeated availment of several judicial
remedies in different courts, simultaneously or
successively, all substantially founded on the
same transactions and the same essential facts
and circumstances, and all raising substantially
the same issues, either pending in or already
resolved adversely by some other court.
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Test to determine existence of forum Exception: authorized person; with

shopping JUSTIFIABLE REASONS, must execute a
Whether in the two or more cases pending, Special power of Attorney. In cases of a juridical
there is identity of entity, the certification may be executed by a
1. Parties properly authorized person through due
2. Rights or causes of action, and authorization by a board resolution.
3. Relief sought
Effect of Non-compliant Certificate of Non
Certificate of Non-Forum Shopping (CNFS) forum Shopping
The plaintiff or principal party shall certify Defect Effect
under oath in the complaint or other initiatory Failure to comply Not curable by mere
pleading asserting a claim for relief or in a sworn with the amendment of the
certification annexed thereto and requirements complaint or other
simultaneously filed therewith: initiatory pleading
1. That he or she has not commenced any
action or filed any claim involving the Cause for dismissal
same issues in any court, tribunal or of the case, without
quasi-judicial agency and, to the best of prejudice, unless
his knowledge, no such other action is otherwise provided,
pending upon motion and
2. If there is such other pending action or after hearing
claim, a complete statement of the False certification Constitutes indirect
present status thereof, and contempt of court,
3. If he or she should learn that the same or without prejudice to
a similar action or claim has been filed or administrative and
is pending, he shall report that fact within Non-compliance criminal actions
5 calendar days to the court wherein his with
aforesaid complaint or initiatory pleading any of the
has been filed. [Sec. 5, Rule 7] undertakings
***the above attestations IS NOT therein
REQUIRED to appear in the secretary When there is Ground for summary
cert/SPA/authorization of the affiant, unlike willful dismissal, with
in a verification. and deliberate prejudice
forum (BOTH CASES)
What pleadings require a certification shopping
against non-forum shopping Direct contempt of
(Initiatory pleadings) Court
1. Complaint Cause for
2. Permissive counterclaim administrative
3. Cross-claim sanctions
4. Third (fourth, etc.) party complain
5. Complaint-in-intervention

Who signs:
General Rule: Plaintiff or Principal party

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EFFECT OF FAILURE TO PLEAD
FAILURE TO PLEAD DEFENSES AND
OBJECTIONS
General rule: Defenses and objections not
pleaded in either a motion to dismiss or in the
answer are deemed waived [Sec. 1, Rule 9]
Exceptions:
The court shall dismiss the case when it
appears from the pleadings or the evidence on
record that:
1. The court has no jurisdiction over the
subject matter,
2. There is another action pending between
the same parties for the same cause (litis
pendentia),
3. The action is barred by a prior judgment
(res judicata), or
4. The action is barred by statute of
limitations
(prescription). [Sec. 1, Rule 9]
FAILURE TO PLEAD COMPULSORY
COUNTERCLAIM AND CROSS-CLAIM
General rule: A compulsory counterclaim, or a
cross-claim, not set up shall be barred. [Sec. 2,
Rule 9]
Exceptions:
1. Omitted Counterclaim or Cross-claim
When a pleader fails to set up a
counterclaim or cross-claim through
oversight, inadvertence, or excusable
neglect, or when justice requires, he
may, by leave of court, set up the
counterclaim or cross-claim by
amendment before judgment. [Sec. 10,
Rule 11]
2. Counterclaim or Cross-claim after
Answer
A counterclaim or a cross-claim which
either matured or was acquired by a party
after serving his pleading may, with the
permission of the court, be presented as
a counterclaim or a cross-claim by
supplemental pleading before judgment.
[Sec. 9, Rule 11]
DEFAULT
Failure of the defending party to answer within
the time allowed therefor. [Sec. 3, Rule 9]
Requisites before a declaration of default
1. The court must have validly acquired
jurisdiction over the person of the
defending party, either by service of
summons or voluntary appearance;
2. The defending party must have failed to
file his answer within the time allowed
therefor;
3. The claiming party must file a motion to
declare the defending party in default;
4. The claiming party must prove that the
defending party has failed to answer
within the period provided by the
ROC; [Sablas v. Sablas, G.R. No.
144568 (2007)]
5. The defending party must be notified
of the motion to declare him in default;
and [Sec. 3, Rule 9]
6. There must be a hearing set on the
motion to declare the defending party
in default [Spouses de los Santos v.
Carpio, G.R. No. 153696 (2006)] [1
Riano 364, 2014 Bantam Ed.]
Effect of an order of default
A party in default shall be entitled to notices of
subsequent proceedings but shall not take
part in the trial. [Sec. 3, Rule 9] The party
declared in default loses his standing in court.
The loss of such standing prevents him from
taking part in the trial. He forfeits his rights as a
party litigant, has no right to present evidence
supporting his allegations, to control the
proceedings, or cross-examine witnesses. [1
Riano 305, 2016 Bantam Ed.]
A party in default may still participate as a
witness. [Cavili v. Florendo, G.R. No. 73039
(1987)]
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The court may either:

a. Proceed to render judgment granting the These remedies presuppose that the defending
claimant such relief as his or her pleading party was properly declared in default, but it is
may warrant, or submitted, however, that certiorari will lie
b. Require the claimant to submit evidence; when said party was improperly declared in
such reception of evidence may be default. [1 Riano 374, 2014 Bantam Ed.]
delegated to the clerk of court. [Sec. 3,
Rule 9] Failure to attend the pre-trial
Failure to attend the pre-trial does not result in
RELIEF FROM AN ORDER OF DEFAULT the "default" of the defendant. Instead, the
Relief File a motion under oath to failure of the defendant to attend shall be cause
before set aside the order of default to allow the plaintiff to present his evidence ex-
judgment upon proper showing that: parte and the court to render judgment on the
a. His or her failure to answer basis thereof.
was due to fraud,
accident, mistake or Effect of a partial default
excusable negligence, Partial default takes place when the complaint
and states a common cause of action against
b. He has a meritorious several defendants, and only some of whom
defense - such that the answer. [Sec. 3, Rule 9]
motion must be
accompanied by a 1. The court should declare defaulting
statement of the evidence defendants in default, and proceed to trial
which he intends to on answers of others (no presentation of
present if the motion is evidence ex parte)
granted and which is such 2. If the defense is personal to the one
as to warrant a reasonable who answered, it will not benefit those
belief that the result of the who did not answer.
case would probably be
otherwise if a new trial is Actions where default are not allowed
granted 1. Annulment or declaration of nullity of
Relief after The party declared in default marriage, or
judgment may file: 2. Legal separation
but before a. a motion for new trial 3. Special civil actions of certiorari,
it has under Sec. 1(a), Rule prohibition and mandamus where
become 37 [Lina v. CA, G.R. No. L- comment instead of an answer is
final and 63397 (1985)], required to be filed. [Sec. 6, Rule 65]
executory or 4. Cases covered by the Rule on Summary
b. an appeal from the judgment Procedure [See Sec. 6, Rule on
as being contrary to the Summary Procedure, which requires the
evidence or the law court to render. judgment if the defendant
fails to answer]
Relief after He may file a petition for relief
5. In expropriation proceedings, whether or
judgement under Rule 38
not a defendant has previously appeared
has
or answered, he may present evidence
become Petition for annulment of
as to the amount of compensation to be
final and judgment based on lack of
paid for his property in the trial of the
executory jurisdiction or extrinsic fraud
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issue of just compensation. [Sec. 3(2),
Rule 67]
6. Small claims
Extent of relief
A judgment rendered against a party in default
shall neither:
1. Exceed the amount,
2. Be different in kind from that prayed for, nor
3. Award unliquidated damages. [Sec. 3(d),
Rule 9]
AMENDED AND
SUPPLEMENTAL PLEADINGS
How to amend pleadings
1. Adding an allegation,
2. Adding the name of any party,
3. Striking out an allegation,
4. Striking out the name of any party,
5. Correcting a mistake in the name of a party,
or
6. Correcting a mistaken or inadequate
allegation or description in any other
respect. [Sec. 1, Rule 10]
How to file amended pleadings
When any pleading is amended, a new copy of
the entire pleading, incorporating the
amendments, which shall be indicated by
appropriate marks, shall be filed. [Sec. 7, Rule
10]
Amendment as a matter of right
A party may amend his pleading once as a
matter of right
a. At any time before a responsive
pleading is served, or
b. In the case of a reply, at any time within
10 calendar days after it is served
[Sec. 2, Rule 10]
Note: A motion to dismiss is not a responsive
pleading and does not preclude the exercise of
the plaintiff’s right to amend his complaint.
Amendments by leave of court
Substantial amendments may be made only
upon leave of court [Sec. 3, Rule 10] (except
amendment as a matter of right)
Requisites
a. Motion for leave of court, accompanied
by the amended pleading sought to be
admitted; [Sec. 10, Rule 15]
b. Notice is given to the adverse party; and
c. Parties are given the opportunity to be
heard. [Sec. 3, Rule 10]
When leave of court to substantially amend
a pleading shall be REFUSED
If it appears to the court that the motion was
made:
1. With intent to delay;
2. With intent to confer jurisdiction on the
court; or
3. The pleading stated no cause of action
from the beginning. [Sec. 3, Rule 10]
Note: This rule merely integrates into the Rules
of Court the landmark case of Swagman Hotels
v. Court of Appeals which provided that
complaint whose cause of action has not yet
accrued cannot be cured or remedied by an
amended or supplemental pleading alleging the
existence or accrual of a cause of action while
the case is pending. [Swagman v. CA, G.R. No.
161135 (2005)]
No amendment necessary to conform to or
authorize presentation of evidence
When issues are not raised in the pleadings but
are tried with the consent of the parties, they
shall be treated as if they had been raised in the
pleading. No amendment of such pleadings
deemed amended is necessary to cause them
to conform to the evidence. [Sec. 5, Rule 10]
Note: This is a new rule introduced by the
Amended Rules. The old rule provided that in a
situation where issues not raised in the
pleadings were tried with the consent of the
parties, the pleadings should be subsequently
amended on motion of a party to conform to
evidence.
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)

SUPPLEMENTAL PLEADINGS supplemented

When proper Either as a matter of Always by leave of
A supplemental pleading is filed to set forth right or by leave of court
transactions, occurrences or events which have court
happened since the date of the pleading sought Supersedes the Merely supplements,
to be supplemented. [Sec. 6, Rule 10] pleading that it and exists side-by-
amends side with the original
How made: upon motion of a party [1 Riano 366, 2011
Note: The admission or non-admission of a Ed.]
supplemental pleading is not a matter of right A new copy of the No such requirement
but is discretionary on the court. entire pleading, Exists.
incorporating the
Purpose amendments, which
To bring into the records new facts which will shall be indicated by
enlarge or change the kind of relief to which the appropriate marks,
plaintiff is entitled. shall be filed.

The adverse party may plead thereto within ten WHEN TO FILE RESPONSIVE PLEADINGS
(10) calendar days from notice of the order Responsive Period Reckoning
admitting the supplemental pleading. [Sec. 6, Pleading Point
Rule 10] Answer to Within 30 Service of
the calendar Summons
Complaint days
***unless a
Note: Cross reference with Rule 11, Sec 7 different
“a supplemental complaint may be answered period is
within 20 calendar days from the order admitting fixed by the
the supplemental complaint, unless a different Court
period is fixed by the court”, therefore, in relation ***one time
to supplemental complaint. single
extension of
Admissions in the superseded pleading may be 30 days
offered in evidence against the pleader, Answer of a Within 60 Receipt of
(considered as extrajudicial admissions) (can be defendant calendar summons
used on cross examination) and claims or foreign days by such
defenses alleged therein not incorporated in the private entity
amended pleading shall be deemed waived. juridical
entity whose
Amended v. Supplemental Pleadings summons
AMENDED SUPPLEMENTAL was
PLEADINGS PLEADNGS served on the
Refer to facts existing Refer to transactions, government
at the time of the occurrences or official
commencement of events which have designated
the action happened since the by law [Sec.
date of the pleading 2]
sought to be Answer to Within 30 Service of
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CIVIL PROCEDURE
MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)

amended calendar a copy of Answer to Within 20 Notice of

complaint as days the supplemental calendar the order
a amended complaint days admitting
matter of complaint [Sec. 7] (unless a the same
right different
[Sec. 3] period is
Answer to Within 15 Notice of fixed by
amended calendar the order the court)
complaint days admitting
NOT as the BILL OF PARTICULARS
a matter of amended Before responding to a pleading, a party may
right complaint move for a definite statement or for a bill of
[Sec. 3] particulars of any matter which is not averred
Answer to Within 20 Service with sufficient definiteness or particularity to
counterclaim calendar enable him properly to prepare his responsive
or days pleading. [Sec. 1, Rule 12]
cross-claim
[Sec. An action cannot be dismissed on the ground
4] that the complaint is vague or indefinite. The
remedy of the defendant is to move for a bill of
particulars, or avail of the proper mode of
discovery. [Galeon v. Galeon, G.R. No. L-
Answer to Same as Same as 30380 (1973)]
third answer to answer to
(fourth, etc.) - the the NOTE:
party complaint complaint • Motion for bill of particulars is a
complaint LITIGIOUS MOTION Rule 15, Sec 5
[Sec. 5] • May be denied Or granted outright or the
Answer to an Same as Same as court will conduct a hearing
amended answer to answer to • IN CRIMINAL CASES
counterclaim, amended amended A Motion for Bill of Particulars is filed
amended complaint complaint before arraignment.
cross-claim,
• Personal advice: it is not advised to file
amended
a motion for bill of particulars in criminal
third (fourth,
cases since you will be helping the
etc.) - party
opposing party to prepare a complete
complaint,
information to convict your client.
and
amended
IF GRANTED – file a bill of particulars within 10
complaint-in-
days from notice of order either in a separate
intervention
pleading or in an amended pleading
[Sec. 3]
Reply [Sec. Within 15 Service of Effect of non-compliance
6] calendar the 1. A. Order the striking out of the pleading
days pleading or he portions thereof to which the order
responded is directed, or
to
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)

Make such an order as it may deem just.

[Sec. 4, Rule 12] If a motion to dismiss is filed on the 14th day and
2. Complaint may be dismissed by the the motion is denied, the act that caused the
court. This dismissal shall have the effect interruption is excluded in the counting the 30
of an adjudication upon the merits, day period to file answer, hence there is still 17
unless otherwise declared by the court. days left to file an answer from the receipt of the
3. Answer will be stricken off and his denial.
counterclaim dismissed, and he will be
declared in default upon motion of the If the motion to dismiss is filed on the 30th day,
plaintiff. and it is denied, the period to file answer is JUST
If the motion for Bill of Particulars is Granted ONE DAY.
or Denied; Remedy Remedy: file a 1-time extension of filing an
• If Granted; Plaintiff answer (state a meritorious reason)
a. Comply; or
b. File an MR (stating that the complaint FILING AND SERVICE OF
is particularized and definite;
c. If MR is denied, file Rule 65 Petition
PLEADINGS
for certiorari based on grave abuse of
discretion Filing is the act of submitting the pleading or
• IF Denied; Defendant other paper to the court. [Sec. 2, Rule 13]
a. File an answer; or
b. File an MR Service is the act of providing a party with a
c. If MR is denied, file Rule 65 Petition copy of the pleading or any other court
for certiorari based on grave abuse of submission. [Sec. 2, Rule 13]
discretion
Manner of filing
Effect on The Period to File a Responsive 1. Submitting personally the original to the
Pleading court;
Provided that the Motion for Bill of Particulars 2. Registered mail
is sufficient in form and substance, it stays the 3. Accredited courier
period for the movant to file his responsive 4. Electronic mail or other electronic means
pleading. [1 Riano 422, 2011 Ed.] as may be authorized by the Court, in
places where the court is electronically
*****DISCUSSION ON PERIOD OF FILING; equipped.
INTERRUPTION******
Illustration: Mode of Date of Proof of filing
A defendant has 30 days to file an answer. filing filing
Supposing that the defendant file a motion for Personal The clerk of It appears on the
bill of particulars on the 14th day, he still have 17 Filing court shall record of the
days to file an answer since the day of filing the endorse on case
motion for bill of particulars is not included in the the pleading
counting of the 30 days. the date and
hour of filing
However if the motion of bill of particulars is file Filing by The date of • Registry
on the 30th day (or any time wherein he will have Registered the mailing receipt,
less than 5 days to file from the deadline), the Mail of motions, • Affidavit of the
defendant is given 5 days to file an answer. pleadings, person mailing
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)

and other • return card 4. By electronic mail, facsimile

Filing by court • Official receipt, transmission, or other electronic means
Accredited submissions, • Affidavit of the as may be authorized by the Court,
Courier and person mailing 5. By service as provided for in international
payments or • Tracking conventions to which the Philippines is a
deposits, as number party, and
shown by the 6. Substituted service. [Sec. 5, Rule 13]
post office
stamp on the A. Personal service
envelope or 1. By personal delivery of a copy to the
the registry party, counsel, or to their authorized
receipt shall representative named in the appropriate
be pleading or motion, or
considered 2. By leaving it in his or her office with his or
as the date her clerk, or with a person having charge
of their filing. thereof
Transmittal The date of • Affidavit of • If (a) no person is found in his or
by electronic electronic filing her office,
electronic
mail transmission of the filing party • (b) his or her office is not known,
accompanied by or
or other
a paper copy of
electronic • (c) he or she has no office,
means the pleading or
other document then by leaving the copy at the party
transmitted or a or counsel's residence, if known, with
written stamped a person of sufficient age and
acknowledgment discretion residing therein.
of its filing by the
clerk of court. Such must be served at the residence
• If the paper copy at a time between 8 am to 6 pm. [Sec.
sent by 6, Rule 13]
electronic mail
was filed by B. Service by registered mail
registered mail 1. Depositing the copy in the post office in a
then:
sealed envelope,
• Registry receipt,
2. The copy must be plainly addressed to
• Affidavit of the
the party or counsel at his office, if
person mailing
known. Otherwise, address to his
• return card
residence, if known,
3. Postage must be fully prepaid, and
Modes of Service
4. Copy must come with instructions to the
Pleadings, motions, orders, judgments, and
postmaster to return the mail to the
other court submissions EXCEPT SUMMONS
sender after 10 calendar days if the copy
shall be served:
remains undelivered.
1. Personally,
2. By registered mail,
Ordinary mail – If no registry service is
3. By accredited courier,
available in the locality of either the sender or
addressee, service can be made through
ordinary mail. [Sec. 7, Rule 13]
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)

***ORDINARY MAIL IS ONLY APPLICABLE TO Service by An affidavit Upon

SERVICE BUT NOT FILING ordinary of the person expiration of 10
mail mailing calendar days
C. Service by accredited courier Note: This stating the after mailing,
At most, the Amended Rules only provide mode of facts unless the
that in the case of judgements, finals service may showing court otherwise
orders, and resolutions, such service only be compliance provides
must be preceded by an ex parte motion availed of if with
requested by any party to the no Sec. 7, Rule
proceedings. [Sec. 13, Rule 13] registry 13.
service is
D. Service by electronic mail, facsimile available in
transmission, or other electronic means the locality
Service by electronic means and facsimile as
shall be made if the party concerned per Sec. 7,
consents to such modes of service. Rule 13.
Service by An affidavit • Upon
E. Service as provided for in international registered of the person ACTUAL
conventions mail mailing receipt by
An example of an international convention stating the the
which the Philippines is a party to which facts addressee,
likewise relates to service of court showing or
documents would be the Hague Service compliance • After 5
Convention on the Service Abroad of with calendar
Judicial and Extrajudicial Documents in Civil Sec. 7, Rule days from
or Commercial Matters. 13 and the the date he
registry received the
Mode Proof of Completeness receipt 1st notice of
Service of Service issued by the
Personal A written Upon actual the mailing postmaster
Service admission of delivery office. whichever is
the earlier
party served,
or Service by An affidavit • Upon
The official accredited of service ACTUAL
return of the courier executed by receipt by
server, or the person the
The affidavit who brought addressee,
of the party the pleading or
serving, or paper to • After at least
containing a the service 2 attempts to
statement of provider, and deliver by
the date, the courier’s the courier
place, and official service, or
manner of receipt or • Upon the
service document expiration of
5 calendar
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)

tracking days after scheduled date of hearing. [Sec.

number. the 1st 10, Rule 13]
attempt to Note: Since it is provided as a mere
deliver presumption, it may be subject to proof to the
whichever is contrary, such as when counsel adduces
earlier evidence that notice of the court setting was
indeed not served.
Service by An affidavit • At the time of
electronic of service the Service of JUDGMENTS, FINAL ORDERS,
mail, executed by transmission OR RESOLUTIONS
facsimile, or the person of the Judgments, final orders, or resolutions shall be
other who sent the document, served either:
authorized e-mail, or
electronic facsimile, or • At the time 1. Personally,
means of other that the 2. By registered mail
transmission electronic electronic Added in the amendment
transmission notification 3. By accredited courier, upon ex parte
and printed of service of motion of any party
proof of document is 4. By publication, when a party summoned
transmittal. sent by publication has failed to appear in the
• Service by action. Expenses of publication must be
facsimile – borne by the prevailing party. [Sec. 13,
upon the Rule 13]
receipt of the
other party Note: Curiously, both Sec. 5, Rule 13 and Sec.
as indicated 13, Rule 13 mandate different methods of
in the service when it comes specifically to
facsimile “judgements” and “final orders”. It is submitted
transmission that the enumeration in Sec. 13, Rule 13
printout should govern when it comes to these two
court documents, as such rule specifically
Presumptive Service provides for the method of service of
There shall be presumptive service of a notice “judgements” and “final orders”. Sec. 5, Rule 13
to a party of a COURT SETTING: on the other hand, covers the method of service
1. Addressee is in the same judicial region for a more general list of court documents. Lex
of the court where the case is pending specialis derogat legi generali. Specific
• if such notice appears on the provisions of law govern over general
records to have been mailed at provisions.
least 20 calendar days prior to the
scheduled date of hearing Service of COURT-ISSUED ORDERS AND
2. Addressee is from outside the judicial OTHER DOCUMENTS
region of the court where the case is The court may electronically serve orders and
pending other documents to all the parties in the case
• if such notice appears on the which shall have the same effect and validity as
records to have been mailed at provided herein.
least 30 calendar days prior to the
A paper copy of the order or other document
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
electronically served shall be retained and
attached to the record of the case.
Note: It is submitted that despite Sec. 18, Rule
13 allowing for service of orders and other
documents electronically, such mode of service
may be done only in addition to the four modes
of service in the case of judgements, final
orders, and resolutions as dictated by Sec. 13,
Rule 13. This is so because Sec. 13, Rule 13
uses the word “shall” in enumerating the modes
of service applicable to such documents.
Electronic service cannot replace these modes
of service, and may only supplement the same.
It appears, therefore, that the rationale for
allowing electronic service in these cases is to
ensure receipt by the parties to the case.
Conventional service or filing of orders,
pleadings, and other documents
GENERAL RULE: The following should not be
served or filed electronically, and shall be filed
or served personally or by registered mail:
1. Initiatory pleadings and initial responsive
pleadings (answer);
***however, during pandemic, initiatory
pleadings are allowed to be filed
electronically through a circular issued by
the Supreme Court
2. Subpoena, protection orders, and writs;
3. Appendices and exhibits to motions, or
other documents that are not readily
amenable to electronic scanning; and
4. Sealed and confidential documents or
records.
Exception: When the court gives express
permission for them to be filed electronically.
[Sec. 14, Rule 13]
Notice of Lis Pendens
In an action affecting the title, right of
possession or real property, the plaintiff and
the defendant when affirmative relief is claimed
in his or her answer, may record in the office of
the registry of deeds of the province in which the
property is situated a notice of the pendency of
the action.
How to cause the annotation of a notice of
lis pendens
• There is an action affecting the title, right of
possession or real property
• A written memorandum addressed to the
office of the registry of deeds of the province
in which the property is situated
• Describing the title, the area and the fact
that that a notice of lis pendens be
annotated in the title
BY:
• Plaintiff
• Defendant
o when affirmative relief is claimed in his or
her answer
Inapplicability of Notice of Lis Pendens
1. money claims
2. attachments
3. execution
4. probate proceedings
5. administration of estate of deceased
persons
Doctrine of li pendens is not applicable in a
proceeding in which the only object sought is the
recovery of a money judgment though the title
or right of possession be incidentally affected. It
is essential that the property be directly affected
as where the relief sought in the action includes
recovery of possession or the enforcement of a
lien or adjudication of conflicting between claims
of title, possession or the right of possession to
specific property or requiring its transfer or sale.
Grounds for the cancellation of a notice of lis
pendens
Upon the 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.
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
Romero vs CA
There is nothing in the rules which requires a
party seeking the annotation of lis pendens to
show that the land belongs to him. Thus, even
on a basis of unregistered deed of sale, a notice
of lis pendens may be annotated on the title.
When an action for notice of lis pendens is
proper
1. Action to recover possession
2. Action to quiet title
3. Action to remove clouds
4. Action for partition
5. Any proceeding directly affecting title to
the land, the use or occupation
SUMMONS
The writ by which the defendant is notified of the
action brought against him.
Summons shall be issued:
1. Within 5 calendar days from receipt of the
initiatory pleading, and
2. Upon proof of payment of the requisite
legal fees
Note: The old rules merely required payment of
the requisite legal fees. The new rules now
require proof of such payment to be submitted
with the initiatory pleading.
Summons shall not be issued, and the case
shall be dismissed if the complaint on its face
is dismissible under Sec. 1, Rule 9. Such
provides for the non-waivable grounds for
dismissal of a complaint, to wit:
1. The court has no jurisdiction over the
subject matter
2. Litis pendentia
3. Res judicata
4. The action is barred by the statute of
limitations. [Sec. 1, Rule 14]
By whom issued
Clerk of court upon directive of the court. [Sec.
1, Rule 14
Who may serve summons
1. The sheriff,
2. His or her deputy,
3. Other proper court officer, or
4. The plaintiff together with the sheriff.
[Sec. Rule 14]
The enumeration of persons who may validly
serve summons is exclusive.
Rules for service of summons by plaintiff
The court shall authorize the plaintiff to serve
summons together with the sheriff upon ex parte
motion:
o In case of failure of service of summons by
the aforementioned persons, or
NOT together with the sheriff:
o In cases where summons is to be served
outside the judicial region of the court where
the case is pending.
Note: There is no need for prior failure to serve
in this case before the plaintiff may be
authorized by the court to serve.
If the plaintiff is a juridical entity
1. It shall notify the court, in writing, name
its authorized representative, and
2. A board resolution or secretary’s
certificate must be attached 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:
a. The case shall be dismissed with
prejudice,
b. The proceedings shall be nullified, and
c. 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
Page 28 of 93
CIVIL PROCEDURE
MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
under the Rules.
• Failure to comply with the order shall lead
to dismissal without prejudice. [Sec. 3,
Rule 14]
Validity Of Summons
The summons SHALL REMAIN VALID UNTIL
IT IS DULY SERVED. It is effective unless
recalled.
In case of LOSS OR DESTRUCTION an alias
summon may be issued.
PERSONAL SERVICE OF SUMMONS
How done
1. By handing a copy 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. [Sec. 5, Rule 14]
The old provision provides for “tendering” as a
means of service whenever handing a copy to
the defendant in person is not possible. The
amendment merely explains what tendering
means and how it is done. 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. [Sec. 5, Rule 14]
Note: in cases involving spouses, summons
shall be served individually/perately
SUBSTITUTED SERVICE
Substituted service may be availed of when for
justifiable reasons, the defendant cannot be
served personally after at least 3 attempts on
2 different dates. [This reflects the ruling in the
case of Manotoc v. CA, 499 SCRA 21 (2006)]
Note: As per Sec. 20, Rule 14, the attempts
must be done within the 30-calendar day
period provided for the completion of
service of summons.
How done [Sec. 6, Rule 14]
1. By leaving copies of the summons at the
defendant's residence
a. to a person at least eighteen (18) years
of age; and
b. of sufficient discretion residing therein;
• To be of sufficient discretion,
a person must know how to read and
understand English to comprehend the
import of the summons, and fully realize
the need to deliver the summons and
complaint to the defendant at the earliest
possible time for the person to take
appropriate action. [Prudential Bank v.
Magdamit, G.R. No. 183795 (2014)]
2. 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 is not
limited to, one who customarily receives
correspondences for the defendant;
• Must be the one managing the office or
business of the defendant, such as the
president or manager; and such
individual must have sufficient
knowledge to understand the obligation
of the defendant in the summons, its
importance, and the prejudicial effects
arising from inaction on the summons.
[Prudential Bank v. Magdamit, G.R. No.
183795 (2014)]
3. 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 [This reflects the ruling in the case of
Robinson v. Miralles, G.R. No. 163584
(2006)]; and
4. By sending an electronic mail to the
defendant's electronic mail address, if
allowed by the court. [Sec. 6, Rule 14]
Page 29 of 93
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
SERVICE UPON A DEFENDANT WHERE HIS
IDENTITY IS UNKNOWN OR WHERE HIS
WHEREABOUTS ARE UNKNOWN
Service is made BY PUBLICATION
a. With leave of court,
The order shall specify a reasonable time
not less than 60 calendar days within
which the defendant must answer.
b. Effected within 90 calendar days from
commencement of the action,
c. In a newspaper of general circulation and
in such places and for such time as the
court may order.
Note: The defendant’s whereabouts must be
ascertained with diligent inquiry within 90
calendar days from the commencement of the
action [Sec. 16, Rule 14]
Applies to in rem, quasi in rem, in oersonam
EXTRATERRITORIAL SERVICE
When allowed
1. When the DEFENDANT does not reside
and is not found in the Philippines, and
2. The action
a. Affects the personal status of the
plaintiff or
b. 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
c. In which the relief demanded
consists, wholly or in part, in
excluding the defendant from any
interest therein, or
d. The property of the defendant has
been attached within the
Philippines. [Sec. 17, Rule 14]
Note: in rem or quasi in rem cases
How summons served
By leave of court, be effected outside the
Philippines
a. By personal service;
b. By publication in a newspaper of general
circulation in such places and for such
time as court may order; or
• a copy of the summons and order of
the court shall be sent by registered
mail to the last known address of the
defendant
c. In any other manner the court may deem
sufficient.
d. By means provided for in international
conventions to which the Philippines is a
party; (based on the amendment)
CASE: Arieta vs Arieta
Facts:
• Melania and Cris were married.
• Melania left chris and went to the US
• Chris filed for annulment of marriage
• Summons were made through
publication but was not served to the last
known address of Melania in US, since if
is unknown to Chris
• Melania filed contested the judgment and
contends that the service of summons
was not proper
The Court ruled that there was proper extra
territorial service of summons. Specifically,
service of summons may be effected through
(1)personal service, or (2)as provided for in the
international conventions in which the
Philippines is a party, or (3)publication in which
case a copy or summons and order of the court
shall be sent by registered mail to the last known
address of the defendant, or (4)in any manner
that the court may deem sufficient. Here, the
last option was availed of by the Court. When
the defendant does not reside or is not found in
the Philippines and the action affects the
personal status of the plaintiff, it is undisputed
that Melania had left the Philippines and had
been estranged from Chris as early as 1991.
Given this, it is quite understandable why it
would have been futile more so improbable to
serve summons in her last known address. At
the very least the publication should be
considered as substantial compliance on the
rules in service.
Page 30 of 93
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
SERVICE UPON RESIDENTS TEMPORARILY
OUTSIDE THE PHILIPPINES
Service may, by leave of court, be also effected
out of the Philippines as by the means provided
under extraterritorial service. [Sec. 18, Rule 14
in re Sec. 17]
Note: The section referred to is that on
extraterritorial service of summons.
a. By personal service;
b. By publication in a newspaper of general
circulation in such places and for such
time as court may order; or
• a copy of the summons and order of
the court shall be sent by registered
mail to the last known address of the
defendant
c. In any other manner the court may deem
sufficient.
d. By means provided for in international
conventions to which the Philippines is a
party; (based on the amendment)
NOTE: based on jurisprudence, summons can
be effetced by SUBSTITUTED SERVICE OF
SUMMONS
SERVICE UPON PRISONERS AND MINORS;
UPON SPOUSES
Upon prisoners
Where the defendant is a prisoner confined in a
jail or institution, service shall be effected upon
him by the officer having the management of
such jail or institution.
• Such officer is deemed a special sheriff
• He or she shall file a return within 5
calendar days from service of summons.
[Sec. 8, Rule 14]
Upon minors or incompetent persons:
a. Upon him or her personally, and
b. On his or her legal guardian
o If none, on his or her guardian ad litem
whose appointment shall be applied for
by the plaintiff
o In the case of a minor, on his or her
parent or guardian. [Sec. 10, Rule 14]
Upon spouses
When spouses are sued jointly, service of
summons should be made to each spouse
individually. [Sec. 11, Rule 14]
SERVICE UPON DOMESTIC OR FOREIGN
PRIVATE JURIDICAL ENTITIES
Upon domestic private juridical entity
Service is effected upon:
a. The president,
b. Managing partner,
c. General manager,
d. Corporate secretary,
e. Treasurer, or
f. In- house counsel.
Service may be effected wherever they may
be found, or in their absence or
unavailability, on their secretaries. [Sec. 12,
Rule 14]
Note: This is a new provision that seeks to
address the issue of plaintiffs under the old rules
frequently having to ask for alias summons that
would include new addresses of the officers.
This is in line with the amended rule that alias
summons will only be issued for lost summons.
If service cannot be made on the enumerated
officers or their secretaries, it shall be made
upon the person who customarily received the
correspondence for the defendant at its
principal office. [Sec. 12, Rule 14]
Note: A person who customarily receives
correspondence is also a person to whom
substituted service of summons may be made
after at least 3 attempts on 2 different dates.
[Sec. 6, Rule 14] However, with such provision
under this section, it appears that the
requirement of 3 attempts on 2 different dates
does not apply in this instance. As soon as
service cannot be made on the officers or
their secretaries, service can already be
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made on the person customarily receiving
correspondence.
Domestic juridical entity under receivership
or liquidation
Service of summons shall be made on the
receiver or liquidator. [Sec. 12, Rule 14]
Note: In case of refusal by any of the persons
mentioned to receive summons for domestic
juridical entities despite at least 3 attempts on
2 different dates, service may be made
electronically, if allowed by the court. [Sec. 12,
Rule 14]
UPON FOREIGN PRIVATE JURIDICAL
ENTITIES
Juridical entity REGISTERED/ HAS A
RESIDENT AGENT AND IS DOING
BUSINESS in the Philippines
Service may be made on:
1. Its resident agent designated in
accordance with law,
2. If there is no such agent, on the
government official designate by law to
that effect, or
3. On any of its officers, agents, directors,
or trustees within the Philippines. [Sec.
14, Rule 14]
Juridical entity NOT REGISTERED/ HAS NO
RESIDENT AGENT BUT HAS TRANSACTED
OR IS DOING BUSINESS in the Philippines
Service may, with leave of court, be effected
outside the Philippines through:
1. Personal service coursed through the
appropriate court in the foreign country
with the assistance of the DFA;
2. Publication once in a newspaper of
general circulation in the country where
the defendant may be found and by
serving a copy of the summons and the
court order by registered mail at the last
known address of the defendant;
3. Facsimile;
4. Electronic means with the prescribed
proof of service; or
5. Other means as the court, in its
discretion, may direct. [Sec. 14, Rule 14]
DUTY OF COUNSEL
When counsel may be deputized by the court to
serve summons on his client
1. Where summons is improperly served,
and
2. A lawyer makes a special appearance on
behalf of the defendant to question the
validity of service of summons. [Sec. 13,
Rule 14]
Note: Due to this new provision in the rules,
when the defendant claims lack of jurisdiction
over his person by special appearance, the
court will no longer dismiss the case but instead
will deputize the counsel to serve summons on
his client. This is also in line with the amendment
removing lack of jurisdiction over the person of
the defendant as a ground for an allowable
motion to dismiss. It remains, however, as an
affirmative defense that may be raised in the
answer.
RETURN
Contents of the return when substituted
service was availed of
1. The impossibility of prompt personal
service within 30 calendar days from
issue and receipt of summons;
2. The date and time of the 3 attempts on at
least 2 different dates to cause personal
service and the details of the inquiries
made to locate the defendant; and
3. Information on the person to whom the
summons was served:
a. The name of the person at least 18
years of age and of sufficient
discretion residing thereat,
b. The name of the competent person in
charge of the defendant’s office or
regular place of business, or
c. The name of the officer of the
homeowners’ association or
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condominium corporation or its chief
security officer in charge of the
community or building where the
defendant may be found. [Sec. 20,
Rule 14]
When summons shall be served
The server shall complete its service within 30
calendar days from issuance of summons by
the clerk of court and receipt of such. [Sec. 20,
Rule 14]
Return of summons
Within 5 calendar days from service of
summons, the server shall:
1. File with the court a copy of the return,
and
2. Serve a copy of the return to the plaintiff’s
counsel personally, by registered mail, or
by electronic means authorized by the
rules. [Sec. 20, Rule 14]
MOTIONS
A motion is any application for relief other than
by a pleading. [Sec. 1, Rule 15]
A motion should be served upon the other party.
FORM
General rule: In writing
The rules applicable to pleadings shall apply to
written motions so far as concerns caption,
designation, signature, and other matters of
form. [Sec. 11, Rule 15]
Exceptions: Oral
Motions made in:
1. Open court or
2. The course of a hearing or trial
a. Such motions should be immediately
resolved in open court,
b. when the motion is based on facts not
appearing on record, the court may
conduct a hearing to:
i. Hear the matter on affidavits or
depositions presented by the
parties, or
ii. The court may direct that the
matter be heard wholly or
partly on oral testimony or
depositions. [Sec. 2, Rule 15]
Note: Under the guidelines on continuous trial in
CRIMINAL PROCEDURE, a defendant can
make an oral motion for demurrer to evidence.
LITIGIOUS AND NON-LITIGIOUS MOTIONS;
WHEN NOTICE OF HEARING NECESSARY
What are Litigious Motions
One which requires the parties to be heard
before a ruling on the motion is made by the
court. [1 Riano 368, 2011 Ed.]
Litigious motions include:
a. Motion for bill of particulars;
b. Motion to dismiss;
• resolved within 15 calendar days from
• the filing of the opposition to the
motion to dismiss. [Sec. 5(c), Rule 15]
repeals Secs. 2 and 3, Rule 16 of the
old Rules of Court on hearing and
resolution of a motion to dismiss.
c. Motion for new trial;
d. Motion for reconsideration;
e. Motion for execution pending appeal;
f. Motion to amend after a responsive
pleading has been filed;
g. Motion to cancel statutory lien;
h. Motion for an order to break in or for a
writ of demolition;
i. Motion for intervention;
j. Motion for judgment on the pleadings;
k. Motion for summary judgment;
l. Demurrer to evidence;
m. Motion to declare defendant in default;
and
n. Other similar motions. [Sec. 5(a), Rule
15]
The period to file an opposition would be 5
calendar days from the receipt of the litigious
motion.
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The court shall then resolve the motion within 15
calendar days from receipt of the opposition or
upon expiration of the period to file such
opposition.
Note: No other submissions, other than the
opposition, shall be considered by the court in
resolving the motion. [Sec. 5(c), Rule 15]
What are non-Litigious motions
Motions which the court may act upon without
prejudicing the rights of adverse parties. Such
motions shall not be set for hearing and the
court shall resolve the motion within 5 calendar
days from receipt of the motion.
Non-litigious motions include:
a. Motion for issuance of an alias summons;
b. Motion for extension to file an 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. [Sec. 4, Rule 15]
Note: The above list is generally non-
litigious, however, when it prejudices the
rights of the party, then it becomes litigious.
PROHIBITED MOTIONS
1. Motion To Dismiss except on the
ground of:
• Lack of jurisdiction over the
subject matter
• Litis pendentia
• Res judicata
• Prescription
Notably, the Amended Rules
empower the court to dismiss a case
motu proprio if the aforementioned
non- waivable grounds are apparent
on the face of the complaint. [Sec. 1,
Rule 14]
A motion to dismiss can be filed at
any time during the proceedings,
subject to the exception of estoppel
by laches provided for in Tijam v.
Sibonghanoy [23 SCRA 29 (1968)].
Remedies from the Denial of a
Motion to Dismiss
Recall that AFFIRMATIVE
DEFENSES, if denied, cannot be the
subject of a motion for
reconsideration, or petition for
certiorari, prohibition, or mandamus.
[Sec. 12, Rule 8]
However, if the non-waivable
grounds under Sec. 1, Rule 9 are
raised not as affirmative defenses,
BUT IN A MOTION TO DISMISS, it is
submitted that the movant may still
file a motion for reconsideration or a
petition for certiorari, mandamus, or
prohibition against the order of denial
of the motion to dismiss.
This is because there is no prohibition
against its filing, as opposed to if the
ground is set forth as an affirmative
defense in the answer and the
affirmative defense is denied.
Note: The remedy of a petition for
certiorari under Rule 65 is available
only when the denial of the motion to
dismiss is tainted with grave abuse
of discretion. Generally, the proper
remedy against the denial of a motion
to dismiss would be going through the
usual trial process, and later, filing a
timely appeal against an adverse
judgement. [1 Riano 412, 2016
Bantam Ed.]
2. Motion to hear affirmative defenses
Note: Such motion is prohibited since
under the Amended Rules, the court is
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
required to act on the affirmative
defenses set out in the answer within 30
calendar days if the affirmative defense
is among those listed in Sec. 12, Rule 8.
The court is also allowed to avail of a
summary hearing within 15 calendar
days from the filing of the answer, and is
thereafter mandated to resolve the
affirmative defense within 30 calendar
days from the termination of the
summary hearing if the affirmative
defenses are those set forth in the first
paragraph of Sec. 5(b), Rule 6. [Sec. 12,
Rule 8]
3. Motion for reconsideration of the
court’s action on affirmative defenses
(either grant or denial of affirmative
defenses)
4. Motion to suspend proceedings
without TRO or injunction issued by a
higher court
5. 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
6. Motion for postponement intended for
delay, except if it is based on
a. Acts of Gid
b. Force majeure
c. Physical inability of the witness to
appear and testify
If the motion for postponement is
granted, the presentation of evidence by
the moving party must still be
terminated on the dates previously
agreed upon. [Sec. 12, Rule 15]
Note: The dates previously agreed upon
refer to those set forth in the schedule of
trial as required under Sec. 1, Rule 30.
The motion for postponement, whether
written or oral, shall be accompanied by
the original official receipt from the
clerk of court evidencing payment of
the postponement fee.
Such receipt evidencing payment of the
fee shall be submitted at the time of the
filing of the motion or not later than
the next hearing date. The clerk shall
not accept the motion unless
accompanied by said receipt. [Sec. 12,
Rule 15]
Note: Sec. 3, Rule 30 allows
postponement of trial due to illness of
party or counsel, provided that their
presence is indispensable and that the
character of illness is such as to render
the non-attendance excusable.
DISMISSAL OF ACTIONS
DISMISSAL UPON NOTICE BY PLAINTIFF
A complaint may be dismissed by the plaintiff
by filing a notice of dismissal at any time
before service of
a. The answer, or
b. A motion for summary judgment
Note: the answer of the defendant has not
been filed.
PLAINTIFF – files a notice of dismissal
Upon such notice being filed, the court shall
issue an order confirming the dismissal.
[Sec.1, Rule 17]
Note: Sec. 1, Rule 17 refers to “before
service”, not “before filing.”
Withdrawal is not automatic but requires an
order by the court confirming the dismissal.
Until thus confirmed, the withdrawal does not
take effect [1 Herrera 1055, 2007 Ed.] It is
not the order confirming the dismissal which
operates to dismiss the complaint. As the
name of the order implies, it merely
confirms the dismissal already effected
by the filing of the notice [1 Riano 489,
2014 Bantam Ed.]
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
General rule: Dismissal is without prejudice
to the refiling of the case (NOT
APPEALABLE)
Exceptions:
a. Unless otherwise stated in the notice
b. A notice operates as an adjudication
upon the merits when filed by a plaintiff
who has once dismissed in a competent
court an action based on or including the
same claim [Sec. 1, Rule 17] (Two
dismissal rule)
Two-Dismissal Rule
The notice of dismissal operates as an
adjudication upon the merits [Sec. 1, Rule 17]
Applies when the plaintiff has
1. A twice dismissed action,
2. Based on or including the same claim,
3. In a court of competent jurisdiction.
[1 Riano 490, 2014 Bantam Ed.]
Illustration
Plaintiff: file ako ng kaso; (FILED)
Ay ayoko n nga,
(files a notice to dismiss)
(confirmed by the court)
After,
Plaintiff: ay file ko na nga talaga, nagbago
na isip ko, fifile-an ko na talaga.
(FILED; same claim or the
dismissed claim (1st) forms part of
the present claim)
Ay teka, ayoko na talaga, sure na.
(Files a notice to dismiss)
(confirmed by the court)
(that operates as an adjudication
on the merits)
Therefore, the case cannot be refiled based
on the two-dismissal rule.
DISMISSAL UPON MOTION OF THE
PLAINTIFF; EFFECT ON EXISTING
COUNTERCLAIM
A complaint shall not be dismissed at the
plaintiff’s instance save upon approval of the
court and upon such terms and conditions as
the court deems proper [Sec. 2, Rule 17]
Note: Here, an answer has been filed; the
answer may have a counterclaim
General rule: Dismissal is without prejudice
Exception: Otherwise specified in the order
NOTE: The dismissal of the action does not
result to the dismissal of the counterclaim
Effect on counterclaim
The dismissal shall be without prejudice to the
right of the defendant
1. to prosecute his counter-claim in a
separate action;
2. unless within 15 calendar days from
notice of the motion he manifests his
preference to have his counterclaim
resolved in the same action [Sec. 2,
Rule 17]
Note: Sec. 2, Rule 17 is clear: the counterclaim
is not dismissed, whether it is a compulsory
or a permissive counterclaim because the
rule makes no distinction [1 Riano 491, 2014
Bantam Ed.]
DISMISSAL DUE TO THE FAULT OF
PLAINTIFF
The complaint may be dismissed upon motion
of the defendant or upon the court’s own
motion if, for no justifiable cause, the plaintiff:
1. Fails to appear on the date of the
presentation of his evidence in chief on
the complaint
(during the presentation of the direct
testimony of his witness)
2. Fails to prosecute for unreasonable
length of time (non-prosequitur)
3. Fails to comply with the Rules of Court or
any court order
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General rule: dismissal with prejudice. PRE-TRIAL

Exception: Otherwise declared by the court.
[Sec. 3, Rule 17] ORDINARY PROCEDURE
Discussion by Atty Tranquil:
Q: Can parties file a joint motion to dismiss? COMPLAINT
If granted, is it with or without prejudice?
(within 30 days)
A: First situation, parties entered into a
compromise, signed an agreement but do not ANSWER
want to submit such agreement to the court or One time extension allowed
do not want the public to know the terms and ***IF there is an actionable document
condition of their settlement, so as between attached to the answer, a reply
them, the case has been compromised. Hence may be filed ; OTHERWISE
the parties can file a joint motion to dismiss and NOT REQUIRED
agree that the dismissal be with prejudice or
without prejudice if certain terms of the (Within 5 Days
agreement is not complied with. From The
Last Responsive Pleading,
the court will issue a pre-
Another situation is when the parties files a trial notice)
motion to dismiss with an attached motion to
approve a compromise agreement. By NOTICE OF PRETRIAL
submitting the compromise agreement and
seeking the approval of the court and praying of (Within 60 days
from the filing
its dismissal, the parties are asking the court to of the last responsive
render a judgment. In this case, if the court sees pleading)
that the compromise agreement is not contrary The parties shall file with the court and serve
to law, morals, public policy or customs, the on the adverse party to ensure receipt at least
court shall approve and will reproduce the terms 3 calendar days before the date of pre-trial
and conditions of the compromise agreement their pre-trial briefs.
into the judgment and be called a compromise
judgment. A compromise judgment to that 5 days before the pre-trial, the parties must have
effect is res judicata because the dispute has submitted their judicial affidavits consistent with the
been resolved and non of the parties will not file judicial affidavit rule
an appeal or MR and it will become final and
executory. If one party breaches the
compromise judgment, within 5 years from the PRETRIAL
entry pf judgment, a motion for execution of
judgment can be filed. Beyond 5 years, a Court annexed mediation (30days)
petition for revival of judgment may be filed.
Judicial Dispute Resolution(15days)
]

Pre-trial Order

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NATURE AND PURPOSE
Pre-trial is mandatory and should be
terminated promptly. [Sec. 2, Rule 18]
Purpose of pre-trial is to consider
1. Possibility of an amicable settlement or of
a submission to alternative modes of
dispute resolution
2. Simplification of the issues
3. Possibility of obtaining stipulations or
admissions of facts and of documents to
avoid unnecessary proof
4. Limitation of the number and
identification of witnesses and the setting
of trial dates
5. Advisability of a preliminary reference of
issues to a commissioner
6. Propriety of rendering judgment on the
pleadings, or summary judgment, or of
dismissing the action should a valid
ground therefore be found to exist
7. The requirement for the parties to:
a. Mark their evidence if not yet marked
in the judicial affidavits of their
witnesses,
Note: The Judicial Affidavit Rule
requires that documentary or object
evidence must be marked and
attached to the judicial affidavits, with
such evidence being marked as
Exhibit A, B, C for the plaintiff, and
Exhibit 1, 2, 3 for the defendant. [Sec.
2(a)(2), AM No. 12-8-8-SC]
Usually marking and comparison is
done in a preliminary conference
(conducted by the clerk of court) so as
to avoid that the court will not be
overwhelmed with voluminous
documents and evidence during the
pre-trial. However the authentication
and admission is done in pre-trial.
b. Examine and make comparisons of
the adverse parties’ evidence vis- a-
vis the copies to be marked,
c. Manifest for the record, stipulations
regarding the faithfulness of the
reproductions and the genuineness
and due execution of the adverse
parties’ evidence,
d. Reserve evidence not available at the
pre-trial, but only in the following
manner, or else it shall not be allowed
i. Testimonial evidence: by
giving the name or position
and the nature of the proposed
witness
ii. Documentary/Object
evidence: by giving a
particular description of the
evidence
8. Such other matters as may aid in the
prompt disposition of the action
CONTENTS OF PRE-TRIAL BRIEF:
a. A concise statement of the case and the
reliefs prayed for;
b. A summary of admitted facts and
proposed stipulation of facts;
c. The main factual and legal issues to be
tried or resolved;
d. The propriety of referral of factual issues
to commissioners;
e. The documents or other object evidence
to be marked, stating the purpose
thereof; (also the reservation on
documentary and object evidence)
f. The names of the witnesses, and the
summary of their respective testimonies;
(also the reservation on testimonial
evidence) and
g. A brief statement of points of law and
citation of authorities. [Sec. 6, Rule 18]
EFFECT OF FAILURE TO FILE:
• same effect as failure to appear at the
pre-trial.
• the following sanctions are meted out to
those failing to file their respective pre-
trial briefs:
a. Waiver of any objections to the
faithfulness of the reproductions
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marked, or their genuineness and due
execution, [Sec. 2, Rule 18]
APPEARANCE OF PARTIES; EFFECT OF
FAILURE TO APPEAR
It shall be the duty of the parties AND their
counsel to appear at:
a. Pre-trial,
b. Court-annexed mediation (30 days)
and
c. Judicial dispute resolution, (15 days)
if necessary. [Sec. 4, Rule 18]
Note: Both parties and their counsel are
required to attend. Non-appearance to CAM and
JDR shall be deemed as non-appearance at
pre-trial and will have the same consequences.
Appearance of either only the party or his
counsel counts as non-appearance, unless:
Excused non-appearance
Appearance of a party and counsel may only
be excused for:
a. Acts of god
b. Force majeure, or
c. Duly substantiated physical inability.
[Sec.4, Rule 18]
Appearance by Representative
Must be fully authorized in writing to:
a. Enter into an amicable settlement,
b. To submit to alternative modes of dispute
resolution, and
c. To enter into stipulations or admissions
of facts and documents. [Sec. 4, Rule 18]
The written authorization must be in the form of
a special power of attorney as authority to
enter into amicable settlement must be in such
form [Sec. 23, Rule 138; Art. 1878(3), Civil
Code]
EFFECT OF FAILURE TO APPEAR
Note: The party and counsel must have been
duly notified and their failure to appear was
without valid cause. It is only then that the
following effects occur upon non-appearance of
both party and counsel:
i. By the plaintiff and counsel
The action shall be dismissed with
prejudice, unless otherwise ordered by
the court. [Sec. 5, Rule 18]
Remedy: Motion for reconsideration,
then appeal
Note: This would be the proper remedy
because dismissal with prejudice
amounts to an adjudication on the merits
and is thus, final. [1 Riano 426, 2016
Bantam Ed.]
ii. By the defendant and counsel
The plaintiff shall be allowed to present
evidence ex parte within 10 calendar
days from termination of pre-trial, and
judgment shall be rendered based on the
evidence offered. [Sec. 5, Rule 18]
Remedy:
1. Motion for reconsideration, and
2. if the denial is tainted with grave
abuse of discretion, a petition for
certiorari
Note: This is because the order of the
court allowing the plaintiff to present
evidence ex parte does not dispose of
the case with finality and the order is,
therefore, interlocutory and not
appealable. [1 Riano 428, 2016 Bantam
Ed. citing Sec. 1(b), Rule 41]
• non-appearance of the defendant
in pre- trial is not a ground to
declare him in default.
• While the effect of the failure of the
defendant to appear at the pre-
trial is similar to that of default
(possible presentation of evidence
ex parte), under the Rules, this
consequence is not to be called a
declaration of default. [1 Riano
302, 2016 Bantam Ed.]
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
CONTENTS OF A PRE-TRIAL ORDER
a. An enumeration of the admitted facts;
b. The minutes of the pre-trial conference
prepared by the branch clerk of court
[Sec. 2, Rule 18];
c. The legal and factual issues to be tried;
d. The applicable law, rules, and
jurisprudence;
e. The evidence marked;
f. The specific trial dates for continuous
trial, which shall be within the period
provided by the rules;
g. The case flowchart to be determined by
the court
• Contains the different stages of
the proceedings up to the
promulgation of the decision and
the use of time frames for each
stage in setting the trial dates.
h. A statement that the one-day
examination of witness rule and most
important witness rule shall be strictly
followed; and
• One day examination of witness
rule
The One-Day Examination of
Witness Rule, that is, a witness
has to be fully examined in one (1)
day only, shall be strictly adhered
to subject to the courts' discretion
during trial on whether or not to
extend the direct and/or cross-
examination for justifiable reasons
[Item I-A-5-i, A.M. No. 03-1-09-SC
Guidelines for Pre-trial]
• Most important witness rule
The court shall determine the
most important witnesses to be
heard and limit the number of
witnesses (Most Important
Witness Rule) [Item I-A-5-j, AM
No. 03-1-09-SC]
The court shall require the parties
and/or counsel to submit to the
Branch COC the names,
addresses and contact numbers
of the witnesses to be summoned
by subpoena [Item I-A-5-l, AM No.
03-1-09-SC]
i. A statement that the court shall render
judgment on the pleadings or
summary judgment, as the case may
be. [Sec. 7, Rule 18]
• A decision in the pre-trial order
shall be rendered within 90 days
from the termination of pre-trial
• Any action of the court on a motion
for summary judgment or
judgment on the pleadings shall
not subject of an appeal or
certiorari, prohibition or
mandamus.
INTERVENTION
A proceeding in a suit or an action by which a
third person is permitted by the court to make
himself a party, either:
1. Joining plaintiff in claiming what is
sought by the complaint,
2. Uniting with defendant in resisting the
claims of the plaintiff, or
3. Demanding something adverse to both
of them.
Purpose of Intervention
Its purpose is to afford one not an original party,
yet having a certain right/interest in the pending
case, the opportunity to appear and be joined so
he could assert or protect such right/interest.
Nature of Intervention
Intervention cannot alter the nature of the action
and the issues already joined.
Intervention is never an independent action, but
is ancillary and supplemental to the existing
litigation.
An independent controversy cannot be injected
in the suit by intervention since it would enlarge
the issues and expand the scope of the
remedies.
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MY NOTES Based on the lecture of Atty. Tranquil Salvador III & other sources (books, CODAL, etc)
Requisites for Intervention
1. A motion for leave to intervene filed at
any time before rendition of judgement by
the trial court
2. A legal interest:
a. In the matter in litigation;
b. In the success of either of the parties;
c. An interest against both; or
d. So situated as to be adversely
affected by a distribution or other
disposition of property in the custody
of the court or of an officer thereof
3. Intervention will not unduly delay or
prejudice the adjudication of rights of the
original parties
4. Intervenor’s rights may not be fully
protected in a separate proceeding. [Sec.
1, Rule 19
Time to Intervene
The motion to intervene may be filed at any time
before rendition of judgment by the trial
court. [Sec. 2, Rule 19]
Note: if the intervenor is an indispensable party,
the Court may allow an intervention even after
the rendition of judgment.
How effected
a. By filing a motion to intervene,
b. Attaching a copy of the pleading-in-
intervention, and
c. Serving the motion and pleading-in-
intervention on the original parties [Sec.
2, Rule 19]
Pleadings-in-intervention
a. Complaint-in-intervention – If
intervenor asserts a claim against either
or all of the original parties
b. Answer-in-intervention – If intervenor
unites with the defending party in
resisting a claim against the latter [Sec.
3, Rule 19]
c. Answer to complaint-in-intervention – It
shall be filed within 15 calendar days
from notice of the order admitting the
complaint-in-intervention, unless a
different period is fixed by the court [Sec.
4, Rule 19]
Remedy for the DENIAL of Motion to
Intervene
An improper denial of a motion for intervention
is correctable by appeal.
But if there is grave abuse of discretion,
mandamus will lie, where there is no other
plain, speedy and adequate remedy
Remedy for GRANTING of the motion to
intervene
An improper granting of a motion for intervention
may be controlled by certiorari and
prohibition.
SUBPOENA
Definition
A process directed to a person requiring him or
her:
1. To attend and to testify at the hearing or the
trial of an action, or at any investigation
conducted by competent authority, or for
the taking of his or her deposition
2. Also to bring any books, documents, or
other things under his or her control.
Who may issue
1. Court before whom the witness is
required to attend
2. Court of the place where the deposition
is to be taken
3. Officer or body authorized by law to do so
in connection with investigations
conducted by said officer or body, or
4. Any justice of the SC or of the CA, in any
case or investigation pending within the
Philippines. [Sec. 2, Rule 21]
Form and contents
1. Shall state the name of the court and the
title of the action or investigation
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2. Shall be directed to the person whose
attendance is required
3. For subpoena duces tecum, shall also
contain a reasonable description of the
books, documents or things demanded
which must appear to the court prima
facie relevant. [Sec. 3, Rule 21]
(Test of relevancy)
When issued against prisoners
When applied for, the judge or officer shall
examine and study carefully the application to
determine whether it is made for a valid
purpose. [Sec. 2, Rule 21]
Personal appearance in court; same effect
as subpoena
A person present in court before a judicial officer
may be required to testify as if he or she were in
attendance upon a subpoena. [Sec 7, Rule 21]
Atty Tranquil’s Note: if your client is called to
testify, raise an objection on the ground of
failure to file written interrogatories on the
adverse party witness Rule 25, Sec 6
Subpoena for depositions
Proof of service of notice to take a deposition
shall constitute sufficient authorization for the
issuance of subpoenas for the persons named
in such notice.
Note: In order to issue a subpoena duces
tecum, an order of the court shall be
necessary.
When Supreme Court authorization required
When the subpoena for appearance or
attendance in any court is issued against a
prisoner:
1. Sentenced to death, reclusion perpetua,
or life imprisonment, and
2. Confined in any penal institution. [Sec. 2,
Rule 21]
SUBPOENA AD TESTIFICANDUM
A process directed to a person requiring him to
attend and to testify at the hearing or the trial of
an action, or at any investigation conducted by
competent authority or for the taking of his
deposition [Sec. 1, Rule 21]
Note: This is the technical and descriptive
term for the ordinary subpoena.
SUBPOENA DUCES TECUM
A process directed to a person requiring him to
bring with him books, documents, or other
things under his control [Sec. 1, Rule 21]
The subpoena duces tecum is, in all respects,
like the ordinary subpoena ad testificandum,
with the exception that it concludes with an
injunction that the witness shall bring with
him and produce at the examination the
books, documents, or things described in
the subpoena [see Sec. 1, Rule 21]
SERVICE OF SUBPOENA
Service of a subpoena shall be made in the
same manner as personal or substituted
service of summons [Sec. 6, Rule 21]
Formalities
a. The original is exhibited to the person
served;
b. A copy is delivered to him; and
c. Costs for court attendance and the
production of documents and other
materials subject of the subpoena shall
be tendered or charged accordingly.
[Sec. 6, Rule 21]
When made: must be made so as to allow the
witness a reasonable time for preparation and
travel to the place of attendance [Sec. 6, Rule
21]
COMPELLING ATTENDANCE OF
WITNESSES; CONTEMPT
Warrant to compel attendance
The court which issued the subpoena may issue
a warrant (bench warrant) to the sheriff or his or
her deputy to arrest the witness and to bring him
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or her before the court or officer where his or her

attendance is required, upon
a. Proof of service, and QUASHING OF SUBPOENA
b. Failure of witness to attend. [Sec. 8, Rule For quashing subpoena duces tecum
21] 1. A motion is promptly made and, in any
event, at or before the time specified
Costs therein
The cost of such warrant and seizure of such 2. Grounds
witness shall be paid by the witness if the court a. Subpoena is unreasonable and
issuing it shall determine that his or her failure oppressive, or (test of definiteness)
to answer the subpoena was willful and without b. Relevancy of the books, documents
just excuse [Sec. 8, Rule 21] or things does not appear, or (test of
relevancy)
Failure to obey c. Person in whose behalf the subpoena
Effect of failure by any person without adequate is issued fails to advance the
cause to obey a subpoena served upon him or reasonable cost of the production
her: thereof
a. Contempt of court who issued the d. Witness fees and kilometrage
subpoena, or allowed by these Rules were not
b. Punishment in accordance with the tendered when the subpoena was
applicable law or rule if the subpoena served. [Sec. 4, Rule 21]
was not issued by a court. [Sec. 9, Rule
21] For quashing subpoena ad testificandum
a. Witness is not bound thereby, or
When Sec. 8 and Sec. 9 will not apply b. Witness fees and kilometrage allowed by
Provisions regarding the compelling of the ROC were not tendered when the
attendance and contempt shall not apply to a: subpoena was served. [Sec. 4, Rule 21]
a. Witness who resides more than 100 km
from his or her residence to the place Subpoena Summons
where he or she is to testify by the A process directed to A direction that the
ordinary course of travel; or a person requiring defendant answer
b. Detention prisoner if no permission of the him to attend and to within the time fixed
court in which his or her case is pending testify. It may also by the ROC [Sec. 2,
was obtained. [Sec. 10, Rule 21] require him to bring Rule 14]
with him any books,
Viatory Right documents, or other
The right not to be compelled to attend upon a things under his
subpoena by reason of the distance from the control [Sec. 1, Rule
residence of the witness to the place where he 21]
is to testify is sometimes called the viatory right Directed to a person Directed to the
of a witness [1 Regalado 334-335, 2010 [Sec. 1, Rule 21] defendant [Sec. 2,
Ed.] Rule 14]
Costs for court Tender of costs not
Note: Such right applies only in civil cases, not attendance and the required by Rule 14
criminal cases. [Genorga v. Quitain, A.M. No. production of
981-CFI (1977)] documents and other
materials subject of
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the subpoena shall be
tendered or charged
accordingly. [Sec. 6,
Rule 21]
COMPUTATION OF TIME
Applicability
In computing any period of time:
a. Prescribed or allowed by the Rules,
b. By order of the court, or
c. c. By any applicable statute. [Sec. 1, Rule
22]
How to compute time
The day of the act/event from which the
designated period begins to run is the excluded
and the date of performance included.
Note: If the last day of the period falls on a
Saturday, Sunday, or legal holiday in the place
where the court sits, the time shall not run until
the next working day. [Sec. 1, Rule 22]
Effect of interruption
Should an act be done which interrupts the
running of the period, the allowable period after
such interruption shall start to run on the day
after notice of cessation of the cause thereof.
Note: The day of the act that caused the
interruption, shall be excluded in the
computation of the period. [Sec. 2, Rule 22]
MODES OF DISCOVERY
Atty Tranquil’s Note
CASE:
People of the Philippines vs Maria Cristina P.
Sergio and Julius L. Lacanilao
Facts:
• Mary Jane Veloso, Maria Cristina P.
Sergio (Cristina), and Julius L. Lacanilao
(Julius) were friends and neighbors in
Talavera, Nueva Ecija. Taking
advantage of the former’s dire situation
and susceptibility, offered Mary Jane a
job as a domestic helper in Malaysia.
• However, upon their arrival in Malaysia,
to Mary Jane’s dismay, she was informed
by Cristina that the job intended for her
was no longer available. After a few days
in Malaysia, Cristina sent Mary Jane to
Indonesia for a holiday with a promise
that she will have a job upon her return.
Cristina gave Mary Jane her plane ticket
and a luggage to bring on her trip. she
then asked Cristina why the luggage was
heavy but the latter simply replied that
because it was new. The luggage was
the same bag she used on her trip to
Indonesia.
• Upon arriving at the airport in Indonesia,
Mary Jane was apprehended by the
police for allegedly carrying 2.6 kilograms
of heroin inside her luggage. She was
charged with drug trafficking and was
eventually convicted and sentenced die
by firing squad.
• The Philippine Government requested
the Indonesian Government to suspend
the scheduled execution of Mary Jane. It
informed the Indonesian Government
that the recruiters and traffickers of Mary
Jane were already in police custody, and
her testimony is vital in the prosecution of
Cristina and Julius.
• Mary Jane was granted an indefinite
reprieve in light of the arrest of Cristina
and Julius who were later charged with
qualified trafficking in person in violation
of Section 4(a) in relation to Sections 3(a)
and 6 of Republic Act (R.A.) No. 9208[1],
illegal recruitment as penalized under
Section 6, par. (k) and (1) ofR.A. No.
8042[2] and estafa in violation of Section
2(a), Article 315 of the Revised Penal
Code.
• Pursuant to the Treaty on Mutual Legal
Assistance in Criminal Matters entered
into by Southeast Asian Nations (ASEAN
Mutual Legal Assistance Treaty), the
Indonesian authorities deferred
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indefinitely the execution of Mary Jane to
afford her an opportunity to present her
case against Cristina, Julius, and “Ike”
who were allegedly responsible for
recruiting and exploiting her to engage in
drug trafficking.
• The Indonesian authorities however
imposed the following conditions relative
to the taking of Mary Jane's
testimony, viz.:
a. Mary Jane shall remain in detention
in Yogyakarta, Indonesia
b. No cameras shall be allowed;
c. The lawyers of the parties shall not
be present; and
d. The questions to be propounded to
Mary Jane shall be IN WRITING.
• Thereafter, the State filed a “Motion for
Leave of Court to Take the Testimony of
Complainant Mary Jane Veloso by
Deposition Upon Written
Interrogatories.” It averred that the taking
of Mary Jane's testimony through the use
of deposition upon written interrogatories
is allowed under Rule 23 of the Revised
Rules of Court because she is out of the
country and will not be able to testify
personally before the court due to her
imprisonment.
• Cristina and Julius objected to the motion
asserting that the deposition should be
made before and not during the trial. The
depositions under Rules 23 and 25 of the
Rules of Court are not designed to
replace the actual testimony of the
witness in open court and the use thereof
is confined only in civil cases. Also, they
argued that such method of taking
testimony will violate their right to
confront the witness, Mary Jane, or to
meet her face to face as provided under
Section 14(2) of the 1987 Constitution.
Finally, they claimed that the
prosecution's reliance on the Rules of
Procedure for Environmental Cases and
the Judicial Affidavit Rule was misplaced
because the affiants therein were still
subject to cross-examination.
• The CA granted the petition for Certiorari
and reversed the resolution of the Trial
Court.
Issue: Whether Mary Jane’s testimony may be
validly acquired through deposition by written
interrogatories.
Ruling:
Yes. The OSG asserts that the presence of
extraordinary circumstances, i.e., Mary Jane’s
conviction by final judgment and her detention
in a prison facility in Indonesia, while awaiting
execution by firing squad; the grant by the
Indonesian President of an indefinite reprieve in
view of the ongoing legal proceedings against
Cristina and Julius in the Philippines; and the
conditions attached to the reprieve particularly
that Mary Jane should remain in confinement in
Indonesia, and any question propounded to her
must only be in writing, are more than enough
grounds to have allowed the suppletory
application of Rule 23 of the Rules of Court.
Under Section 15, Rule 119 of the Revised
Rules of Criminal Procedure, in order for the
testimony of the prosecution witness be taken
before the court where the case is being heard,
it must be shown that the said prosecution
witness is either: (a) too sick or infirm to appear
at the trial as directed by the order of the court,
or; (b) has to leave the Philippines with no
definite date of returning. The case of Mary
Jane does not fall under either category.
Surely, the case of Mary Jane does not fall
under either category. Therefore, a liberal
interpretation of the Rules should be allowed.
We should not silence Mary Jane and deny her
and the People of their right to due process by
presenting their case against the said accused.
By the CA's belief that it was rendering justice to
the respondents, it totally forgot that it in effect
impaired the rights of Mary Jane as well as the
People. By not allowing Mary Jane to testify
through written interrogatories, the Court of
Appeals deprived her of the opportunity to prove
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her innocence before the Indonesian authorities • Everything to be

and for the Philippine Government the chance collated and
to comply with the conditions set for the grant of submitted to the
reprieve to Mary Jane. deposition officer
The EXTRAORDINARY FACTUAL
CIRCUMSTANCES surrounding the case of DEPOSITIONS PENDING ACTION;
Mary Jane warrant the resort to Rule 23 of the DEPOSITIONS BEFORE ACTION OR
Rules of Court. PENDING APPEAL
The Rules are silent as to how to take a
testimony of a witness who is unable to testify in Discovery
open court because he is imprisoned in another A device employed by a party to obtain
country. information about relevant matters on the case
Depositions, however, are recognized under from the adverse party in the preparation for
Rule 23 of the Rules on Civil Procedure. trial.
Although the rule on deposition by written
interrogatories is inscribed under the said Rule, Purpose
the Court holds that it may be applied To permit mutual knowledge before trial of all
suppletorily in criminal proceedings so long relevant facts gathered by both parties so that
as there is compelling reason. The Court finds either party may compel the other to disgorge
no reason to depart from its practice to liberally facts whatever he has in his possession
construe procedural rules for the orderly
administration of substantial justice. Modes of Discovery
Atty Tranquil’s Discussion on 1. Depositions pending actions [Rule 23]
WRITTEN INTERROGATORIES 2. Depositions before action or pending
Rule 23, Sec 25 Rule 25 appeal [Rule 24]
Applies to parties Applies to parties 3. Interrogatories to parties [Rule 25]
and non-parties 4. Admission by adverse party [Rule 26]
• Direct written • Only 1 set of 5. Production or inspection of documents or
interrogatories question to be sent things [Rule 27]
(DWI) to the adverse party 6. Physical and mental examination of
• submitted by the to elicit material and persons [Rule 28]
proponent relevant facts
• The opponent will Deposition – taking of testimony out of court of
conduct cross any person, whether party to the action or not
written but at the instance of a party to the action. It is
interrogatories – 10 taken out of court. [1 Riano 438, 2016 Bantam
days upon receipt Ed.]
of DWI
• Re-direct written Methods
interrogatories – 5 a. By oral examination, or
days upon receipt b. By written interrogatory. [Sec. 1, Rule 23]
of crossWI
Kinds of depositions
• Re-cross Written
1. Depositions pending action [Rule 23]
interrogatories – 3
2. Depositions before action or pending
days upon receipt
appeal [Rule 24]
of redirect WI

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taken in accordance the methods of

with the rules laid procedure are under
down by the court the control of the
DEPOSITIONS PENDING ACTION issuing the foreign tribunal
The testimony of any person may be taken upon commission,
ex parte motion of a party. f the deposition is to be taken in a foreign
country where the Philippines has no
Note: The attendance of witnesses may be secretary of embassy or legation, consul
compelled by the use of subpoena as provided general, consul, vice-consul or consular
in Rule 21. [Sec. 1, Rule 23] agent, it may be taken only before such person
or officer as may be appointed by commission
Deposition of a person deprived of liberty or under letters rogatory.
The deposition may be taken only by leave of
court on such terms as the court prescribes. iii. Any person authorized to
[Sec. 1, Rule 23] administer oaths as stipulated by
parties in writing. [Sec. 14, Rule
BEFORE WHOM DEPOSITIONS ARE TAKEN 23] [Sec. 11, Rule 23]
a. Within the Philippines, it may be taken
before a Disqualification by interest
i. Judge, No deposition shall be taken before a person
ii. Notary public, or who is
iii. Any person authorized to a. A relative within the 6th degree of
administer oaths, as stipulated by consanguinity or affinity, or employee or
the parties in writing. [Sec. 14, counsel of any of the parties,
Rule 23] [Sec. 10, Rule 23] b. A relative within the same degree, or
b. Within a foreign state or country, it may employee of such counsel, or
be taken c. Any person financially interested in the
i. On notice before a secretary of action. [Sec. 13, Rule 23]
embassy or legation, consul
general, consul, vice- consul, or ***if already in court - inhibition
consular agent of the Philippines,
ii. Before such person or officer as Taking depositions upon oral examination
may be appointed by commission 1. A party desiring to take the deposition of
or under letters rogatory, any person upon oral examination shall
give reasonable notice in writing to every
COMMISSION LETTERS other party to the action. The notice shall
ROGATORY state:
an instrument issued request to a foreign a. The time and place for taking the
by a court of justice, court to give its aid, deposition,
or other competent backed by its power, to b. The name and address of each
tribunal, directed to a secure desired person to be examined, if known, and
magistrate by his information c. if the name is not known, a general
official designation or description sufficient to identify him or
to an individual by the particular class or group to which
name, authorizing he belongs.
him to take the
Note: On motion of any party upon whom the
depositions of the
witnesses named notice is served, the court may for cause shown
therein, enlarge or shorten the time [Sec. 15, Rule 23]
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2. An order for protection of the parties and to shall be taken subject to the objections
the deponent may be issued by the court [Sec. 17, Rule 23]
where the action is pending:
a. After notice is served, General rule: A deposition is not a substitute for
b. Upon motion by any party or the the actual testimony in open court of a party or
person to be examined, witness. If the witness is available to testify, he
c. For good cause shown should be presented in court to testify. If
[Sec.16, Rule 23] available to testify, a party’s or witness’
deposition is inadmissible in evidence for being
Effect of taking depositions hearsay.
A party shall not be deemed to make a person
his own witness for any purpose by taking his SPECIFIC USES OF DEPOSITIONS
deposition. [Sec. 7, Rule 23] Deposition By Purpose
whom
Scope of examination used
Unless otherwise ordered by the court as Any Any Contradicting or
provided by Secs. 16 and 18, Rule 23, the deposition party impeaching the
deponent may be examined regarding any testimony of
matter: deponent as a
1. Not privileged, and witness
2. Relevant to the subject of the pending Deposition of An Any purpose
action, a party or of adverse
a. Whether relating to the claim or anyone who party
defense of any other party; at the time of
b. Including the existence, description, taking the
nature, custody, condition, and deposition
location of any books, documents, or was an
other tangible things, and officer,
c. Including the identity and location of director, or
persons having knowledge of managing
relevant facts. agent of a
3. The attendance of the witnesses may be public or
compelled by the use of a subpoena private
[Sec. 1, Rule 23] corporation,
4. Examination and cross-examination of partnership,
deponents may proceed as permitted at or
the trial under Secs. 3 to 18 of Rule 132 association
[Sec 3, Rule 23] which is a
5. All objections made at the time of the party
examination to the qualifications of the Deposition of Any Any purpose if the
officer taking the deposition, or to the a witness, party court finds that
manner of taking it, or to the evidence whether or 1. Witness is dead,
presented, or to the conduct of any party, not a party or
and any other objection to the 2. Witness resides
proceedings, shall be noted by the officer more than 100
upon the deposition. Evidence objected km from the
place of trial or
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hearing, or is out 2. The deposition of a party or of any one

of the who at the time of taking the deposition
Philippines, was an officer, director, or managing
unless it agent of a public or private corporation,
appears that his partnership, or association which is a
absence was party may be used by an adverse party
procured by the for any purpose. [Sec. 4(b), Rule 23]
party offering the [Sec. 8, Rule 23]
deposition, or
3. Witness is Effect of only using a part of the deposition
unable to attend If only part of a deposition is offered in evidence
or testify by a party, the adverse party may require him to
because of age, introduce all of it which is relevant to the part
sickness, introduced, and any party may introduce any
infirmity, or other parts. [Sec. 4(d), Rule 23]
imprisonment, or
4. Party offering When May Objections to Admissibility Be
the deposition Made
has been unable Subject to the provisions of Sec. 29, Rule 23,
to procure the objection may be made at the trial or hearing to
attendance of receiving in evidence any deposition or part
the witness by thereof for any reason which would require the
subpoena; or exclusion of the evidence if the witness were
5. Upon application then present and testifying [Sec. 6, Rule 23]
and notice, that
such exceptional When May Taking of Deposition Be
circumstances Terminated or its Scope Limited
exist as to make When the court/RTC of the place where the
it desirable, in deposition is being taken may order the
the interest of termination or the scope of the deposition
justice and with limited
due regard to a. At any time during the taking of the
the importance deposition,
of presenting the b. on motion or petition of any party or of the
testimony of deponent,
witnesses c. upon a showing that the examination is
being conducted in bad faith or in such
EFFECT OF USING DEPOSITION manner, as unreasonably to annoy,
General rule: The introduction in evidence of embarrass, or oppress the deponent or
the deposition or any part thereof for any party, [Sec. 16, Rule 23]
purpose makes the deponent the witness of
the party introducing the deposition Order terminating examination
If the order made terminates the examination, it
Exceptions: shall be resumed only upon the order of the
1. The deposition is used to contradict or court in which the action is pending.
impeach the deponent.

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Suspension of taking of deposition objection thereto is

Upon demand of the objecting party or Objection in the made at the time of
deponent, the taking of the deposition shall be manner of taking taking the deposition
suspended for the time necessary to make a the deposition, in
notice for an order. the form of
Note: The court may impose upon either party questions or
or witness the requirement to pay reasonable answers, in the
costs and expenses. [Sec. 18, Rule 23] oath or
affirmation, or in
EFFECT OF ERRORS AND conduct of parties
IRREGULARITIES IN DEPOSITIONS and errors of any
Error and Effects kind which might
Irregularities be obviated or
Objection as to the Waived removed if promptly
notice for taking a Unless written prosecuted
deposition objection is promptly Objections to the Waived
served upon party form of written Unless served in
giving notice interrogatories writing upon the party
Objection to taking Waived under Sec. 25 and propounding them
a deposition Unless made 26 within the time
because of (1) Before taking of allowed for serving
disqualification of deposition begins or succeeding cross or
officer before (2) As soon thereafter other interrogatories
whom it is to be as the disqualification and within 3 days
taken becomes known or after
could be discovered service of last
with reasonable interrogatories
diligence authorized
Objection to the Not waived by failure In the manner in Waived
competency of a to make them before which testimony Unless a motion to
witness or or during the taking of is transcribed or suppress the
competency, the deposition the deposition is deposition or some
relevancy, or Unless the ground of dealt with by the part thereof is made
materiality of the objection is one officer under Sec. with reasonable
testimony Not waived by failure 17, 19, 20, and 26 promptness after
to make them before such
or during the taking of defect is ascertained,
the deposition or with due diligence
Unless the ground of might have been,
the objection is one ascertained
which might have
been obviated or
removed if presented
at that time
Occurring at oral Waived
examination and
other particulars Unless reasonable
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DEPOSITIONS BEFORE
ACTIONS
Referred to as perpetuation of testimony
because their objective is to perpetuate the
testimony of a witness for future use, in the
event of further proceedings. [1 Regalado 363,
2010 Ed.]
Requisites
a. Any person who desires to perpetuate
i. his own testimony; or
ii. the testimony of another person
b. Regarding any matter that may be
cognizable in any court of the Philippines.
[Sec. 1, Rule 24]
Procedure for deposition before action
1. File a verified petition in the court of the
place of the residence of any expected
adverse party. The petition shall be
entitled in the name of the petitioner and
shall show that:
a. The petitioner expects to be a party to
an action in a court of the Philippines
but is presently unable to bring it or
cause it to be brought,
b. The subject matter of the expected
action and his interest therein,
c. The facts which he desires to
establish by the proposed testimony
and his reasons for desiring to
perpetuate it,
d. The names or a description of the
persons he expects will be adverse
parties and their addresses so far as
known, and
e. The names and addresses of the
persons to be examined and the
substance of the testimony which he
expects to elicit
Note: Such petition shall ask for an order
authorizing the petitioner to take the depositions
of the persons sought to be examined who are
named in the petition for the purpose of
perpetuating their testimony. [Sec. 2, Rule 24]
2. The petitioner shall serve a notice upon
each person named in the petition as an
expected adverse party, together with a
copy of the petition, stating that the
petitioner will apply to the court, at a time
and place named therein, for the order
described in the petition.
• At least 20 calendar days before
the date of the hearing, the court
shall cause notice thereof to be
served on the parties and
prospective deponents in the
manner provided for service of
summons. [Sec. 4, Rule 23]
3. If the court is satisfied that the
perpetuation of the testimony may
prevent a failure or delay of justice, it
shall make an order designating or
describing the persons whose deposition
may be taken and specifying the subject
matter of the examination and whether
the depositions shall be taken upon oral
examination or written interrogatories.
The depositions may then be taken in
accordance with Rule 23 before the
hearing [Sec. 4, Rule 24]
DEPOSITION PENDING APPEAL
If an appeal has been taken or the time for
taking such has not yet expired, the court in
which the judgment was rendered may allow the
taking of depositions of witnesses to perpetuate
their testimony for use in the event of further
proceedings in said court. [Sec. 7, Rule 24]
Procedure for deposition pending appeal
1. The party who desires to perpetuate the
testimony may make a motion in the said
court for leave to take the depositions,
upon the same notice and service thereof
as if the action was pending therein.
2. The motion shall state the
a. Names and addresses of the persons
to be examined,
b. The substance of the testimony which
he expects to elicit from each, and
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c. Reason for perpetuating their
testimony.
3. If the court finds that the perpetuation of
the testimony is proper to avoid a failure
or delay of justice, it may make an order
allowing the depositions to be taken, and
thereupon the depositions may be taken
and used in the same manner and under
the same conditions as are prescribed in
these Rules for depositions taken in
pending actions. [Sec. 7, Rule 24]
WRITTEN INTERROGATORIES
TO ADVERSE PARTIES
Purpose: To elicit material and relevant facts
from any adverse parties [Sec. 1, Rule 25] and
to assist the parties in clarifying the issues and
in ascertaining the facts involved in a case.
Written interrogatories to parties differ from the
written interrogatories in a deposition since such
are not served upon the adverse party directly
but rather on the officer designated in the notice.
Scope and use: Interrogatories may relate to
any matters that can be inquired into under Sec.
2 of Rule 23, and the answers may be used for
the same purposes provided in Sec. 4 of the
same Rule [ Sec. 1, Rule 25]
Procedure for interrogatories to parties
1. Upon ex parte motion,
2. Any party desiring to elicit material and
relevant facts from any adverse parties,
3. Shall file and serve written interrogatories
on the party
4. Such are to be answered by:
a. the party served or,
b. if the party served is a public or
private corporation or a partnership or
association, by any officer thereof
competent to testify in its behalf. [Sec.
1, Rule 25]
Note: The interrogatories shall be answered
fully in writing and shall be signed and sworn to
by the person making them [Sec. 2, Rule 25]
Number of interrogatories
No party may, without leave of court, serve more
than one set of interrogatories to be answered
by the same party [Sec. 4, Rule 25]
Answers as judicial admissions
Written interrogatories and the answers thereto
must both be filed and served. [Sec. 2, Rule 25]
The answers constitute judicial admissions.
[Sec. 4, Rule 129]
Service and filing
The party upon whom the interrogatories have
been served shall file and serve a copy of the
answers on the party submitting the
interrogatories within 15 calendar days after
service thereof, unless the court, on motion and
for good cause shown, extends or shortens the
time. [Sec. 2, Rule 25]
Objections to interrogatories; answers
deferred
Objections to any interrogatories may be
presented to the court within 10 calendar days
after service thereof, with notice as in case of a
motion; and answers shall be deferred until the
objections are resolved, which shall be at as
early a time as is practicable. [Sec. 3, Rule 25]
Grounds for objections
a. They require the statements of
conclusions of law or answers to
hypothetical questions or opinion, or
mere hearsay, or matters not within the
personal knowledge of the interrogated
party.
b. Frivolous interrogatories need be
answered
CONSEQUENCES OF REFUSAL TO
ANSWER
If a party or an officer or managing agent of a
party fails to serve answers to interrogatories
submitted under Rule 25 after proper service of
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such interrogatories, the court on motion and
notice, may:
1. Strike out all or any part of any pleading
of the party,
2. Dismiss the action or proceeding or any
part thereof, or
3. Enter a judgment by default against the
party, and
4. In its discretion, order him to pay
reasonable expenses incurred by the
other, including attorney’s fees.
Note: Such consequences also apply for willful
failure to appear before the officer who is to take
his deposition. [Sec. 5, Rule 29]
EFFECT OF FAILURE TO SERVE WRITTEN
INTERROGATORIES
General Rule: A party not served with written
interrogatories may not be compelled by
adverse party to:
1. Give testimony in open court;
2. Give a deposition pending appeal.
Exception: Allowed by the court for good cause
shown and to prevent a failure of justice. [Sec.
6, Rule 25]
REQUEST FOR ADMISSION
Rule 26, as a mode of discovery, contemplates
interrogatories seeking clarification in order to
determine the truth of the allegations in a
pleading
Purpose
In order to allow one party to request the
adverse party, in writing, to admit certain
material and relevant matters which, most likely,
will not be disputed during the trial.
In order to avoid unnecessary inconvenience
before trial, a party may request the other to:
a. Admit the genuineness of any material
and relevant document described in and
exhibited with the request, or
b. Admit the truth of any material and
relevant matter of fact set forth in the
request. [Sec. 1, Rule 26]
How made
A party may file and serve upon any other party
a written request for the purpose mentioned
above. [Sec. 1, Rule 26]
Note: The request for admission must be served
on the party, not the counsel. This is an
exception to the general rule that notices shall
be served upon counsel and not upon the party.
[Duque v. CA, G.R. 125383 (2002)]
When made
At any time after issues have been joined. [Sec.
1, Rule 26]
Note: Issues are joined when all the parties
have pleaded their respective theories and the
terms of the dispute are plain before the court.
Implied Admission by Adverse Party
Each of the matters which an admission is
requested shall be deemed admitted unless the
party to whom request is directed files and
serves upon the party requesting admission a
sworn statement. [Sec. 2, Rule 26]
FAILURE TO RESPOND = IMPLIIED
ADMISSION
Contents
1. Denying specifically the matters of which
an admission is requested, or
2. Setting forth in detail the reasons why he
cannot truthfully either admit or deny
those matters [Sec. 2, Rule 26]
Period: Such party must file and serve such
statement:
1. Within a period not less than 15 calendar
days after service thereof, or
2. Within such further time as the court may
allow on motion [Sec. 2, Rule 26]
Objections
Objections to any request for admission shall be
submitted to the court by the party requested
within the period for and prior to the filing of his
sworn statement.
• His compliance with the request for
admission shall be deferred until such
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obligations are resolved, which resolution
shall be made as early as practicable. [Sec.
2, Rule 26]
Consequences of Failure to Answer Request
for Admission
The proponent may apply to the proper court for
an order to compel an answer. [Sec. 1, Rule 29]
If application is granted, the court
1. Shall require the refusing party to
answer; and
2. May require the refusing party or counsel
to pay reasonable expenses for obtaining
the order, if the court finds that the refusal
to answer was without substantial
justification.
Effect of refusal to answer
a. Constitute contempt of that court. [Sec. 2,
Rule 29]
b. Allow the court to make such orders
regarding the refusal as are just, like:
1. An order that the matters regarding
which questions were asked shall be
taken as established for the purposes
of the action in accordance with the
claim of the party obtaining the order
2. An order refusing to allow the
disobedient party to support or
oppose designated claims or
defenses
3. An order striking out pleadings or
parts thereof, or staying further
proceedings until the order is obeyed,
or dismissing the action or proceeding
or any part thereof or rendering a
judgment by default against the
disobedient party, and
4. In lieu of any of the foregoing orders
or in addition thereto, an order
directing the arrest of any party or
agent of party for disobeying any of
such orders. [Sec. 3, Rule 29]
Effect of Admission
Any admission made by a party pursuant to
such request is for the purpose of the pending
action only and shall not constitute an admission
by him for any other purpose nor may the same
be used against him in any other proceeding
[Sec. 3, Rule 26]
Withdrawal of admission
The court may allow the party making the
admission under this Rule, to withdraw and
amend it upon such terms as may be just. [Sec.
4, Rule 26]
Effect of Failure to File and Serve Request
for Admission
General Rule: A party who fails to file and serve
a request for admission on the adverse party of
material and relevant facts at issue which are,
or ought to be, within the personal knowledge of
the latter, shall not be permitted to present
evidence on such facts.
Exception: Allowed by the court for good cause
shown and to prevent a failure of justice. [Sec.
5, Rule 29]
PRODUCTION OR INSPECTION
OF DOCUMENTS OR THINGS
Purpose
This mode of discovery is not only for the benefit
of a party, but also for the court and for it to
discover all the relevant and material facts in
connection with the case.
Procedure for production/inspection of
documents or things
a. Upon motion of any party,
b. Showing good cause therefor,
c. The court in which an action is pending
may order any party to:
i. Produce and permit the inspection
and copying or photographing, by
or on behalf of the moving party,
of any designated documents,
papers, books, accounts, letters,
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photographs, objects or tangible party to support or

things NOT PRIVILEGED, which oppose designated
constitute or contain evidence claims or defenses
material to any matter involved in or prohibiting him
the action and which are in his from introducing in
possession custody or control; or evidence designated
ii. Permit entry upon designated land documents or things
or other property in his possession or items of testimony
or control for the purpose of [Sec. 3(b), Rule 29]
inspecting, measuring, surveying,
or photographing the property or PHYSICAL AND MENTAL
any designated relevant object or
operation thereon EXAMINATION OF PERSONS
Note: The order shall specify the time, place and
manner of making the inspection and taking When examination may be ordered
copies and photographs, and may prescribe Such may be ordered in an action in which the
such terms and conditions as are just. [Sec. 1, mental or physical condition of a party is in
Rule 27] controversy.
Production/inspection of documents vs Procedure
Subpoena duces tecum A motion for the examination is filed in the court
Production or Subpoena duces where the action is pending:
inspection of tecum a. Showing good cause for the examination,
documents b. With notice to the party to be examined,
Limited to the parties May be directed to and to all other parties, and
of the action [Sec. 1, non- party [Sec. 1, c. Specifying the time, place, manner,
Rule 27] Rule 21 refers to “a conditions, scope, and person
person”] conducting the examination. [Sec. 2,
Issued upon motion May be issued upon Rule 28]
of any party [Sec. 1, ex parte application
Rule 27] Report of findings
May be quashed for Grounds for quashal A copy of the detailed examination report shall
lack of good cause (1) Unreasonable, be given by the party causing the examination
shown oppressive, upon request by the party examined.
irrelevant
(2) Failure to Note: The party causing the examination shall
advance reasonable then be entitled, upon request, to receive from
costs of production the party examined, A REPORT OF ANY
[Sec. 4, Rule 21] EXAMINATION PREVIOUSLY OR
Disobedience would Disobedience SUBSEQUENTLY MADE. [Sec. 3, Rule 28]
allow court to make constitutes contempt
such orders in of court [Sec. 9, Rule Refusal to deliver the report
regard to the refusal 21] If the party examined refuses to deliver such
as are just, and report, the court on motion and notice may make
among others, an an order requiring delivery on such terms as are
order refusing to just. If a physician fails or refuses to make such
allow the disobedient
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a report the court may exclude his testimony if expenses incurred in

offered at the trial. [Sec. 3, Rule 28] obtaining the order,
including attorney’s
Waiver of privilege fees.
The party examined waives any privilege If the application is denied
regarding the testimony of every other person and the court finds that it
who has examined or may thereafter examine was filed without substantial
him in respect of the same mental/physical justification, the court may
examination by: require the proponent or the
a. Requesting and obtaining a report of the counsel advising the filing
examination ordered, or of the application, or both of
b. Taking the deposition of the examiner. them, to pay to the refusing
[Sec. 4, Rule 28] party or deponent the
Note: Since the results of the examination are amount of the reasonable
intended to be made public, the same are not expenses incurred in
covered by physician-patient privilege under opposing the application,
Sec. 24(b), Rule 130 including attorney’s fees.
[Sec. 1, Rule 29] The
CONSEQUENCES OF REFUSAL refusal may be considered
a contempt of that court.
TO COMPLY WITH MODES OF [Sec. 2, Rule 29]
DISCOVERY
Refusal to be The refusal may be
Forms of Sanctions sworn considered a contempt of
Refusal that court. [Sec. 2, Rule
Refusal to • Upon refusal to answer, 29]
answer any the proponent may apply Refusal to The court may make such
question to the court for an order to answer orders in regard to the
compel an answer. designated refusal as are just, and
• If the application is questions or among others the following
GRANTED, the court refusal to a. An order that the matters
shall produce regarding which the
a. require the refusing documents or questions were asked,
party or deponent to to submit to or the character or
answer the question physical or description of the thing
or interrogatory, and mental or land, or the contents
b. if it also finds that the examination of the paper, or the
refusal to answer was physical or mental
without substantial condition of the party or
justification, it may any other designated
require the refusing facts shall be taken to be
party or deponent or established for the
the counsel advising purposes of the action in
the refusal, or both of accordance with the
them, to pay the claim of the party
proponent the amount obtaining the order;
of the reasonable
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b. An order refusing to a. There were good

allow the disobedient reasons for denial, or
party to support or b. Admissions sought
oppose designated were of no
claims or defenses or importance. [Sec. 4,
prohibiting him from Rule 29]
introducing in evidence Failure of The court on motion and
designated documents party to attend notice may
or things or items of or serve a. Strike out all or any
testimony, or from answers to part of any pleading
introducing evidence of written of disobedient party,
physical or mental interrogatories b. Dismiss the action or
condition; [Sec. 5] proceeding or any
c. An order striking out part thereof, or
pleadings or parts c. Enter a judgment by
thereof, or staying default against
further proceedings until disobedient party,
the order is obeyed, or and
dismissing the action or d. In its discretion,
proceeding or any part order payment of
hereof or rendering a reasonable
judgment by default expenses incurred
against the disobedient by the other
party; and including attorney’s
d. In lieu of any of the fees.
foregoing orders or in Note: Expenses and attorney’s fees are not to
addition thereto, an be imposed upon the Republic of the Philippines
order directing the arrest under Rule 29. [Sec. 6, Rule 29]
of any party or agent of
party for disobeying any
of such orders except an TRIAL
order to submit to a Trial is the judicial examination and
physical or mental determination of the issues between the parties
examination. [Sec. 3, to the action. [Black’s Law Dictionary 1348, 5th
Rule 29] Ed.]
Refusal to The court, upon proper
admit under application, may issue an The judicial process of investigating and
Rule 26 order requiring the other determining the legal controversies, starting
party to pay him reasonable with the production of evidence by the plaintiff
expenses incurred, and ending with his closing argument. [Acosta
including attorney’s fees v. People, G.R. No. L-17427 (1962)]
PROVIDED that party
requesting proves When trial UNNECESSARY
genuineness of such A civil case may be adjudicated upon without
document or truth the need for trial in any of the following cases:
UNLESS the court finds:

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1. Where the pleadings tender no issue at
all, JUDGMENT ON THE PLEADINGS
may be directed by the court [Rule 34]
2. Where from the pleadings, affidavits,
depositions and other papers, there is
actually no genuine issue, the court may
render a SUMMARY JUDGMENT [Rule
35]
3. Where the parties have entered into a
COMPROMISE OR AN AMICABLE
SETTLEMENT either during the pre-trial
or while the trial is in progress [Rule 18;
Art. 2028, Civil Code]
4. Where the complaint has been
DISMISSED WITH PREJUDICE, OR
WHEN THE DISMISSAL HAS THE
EFFECT OF AN ADJUDICATION ON
THE MERITS [Sec. 13, Rule 15; Sec. 3,
Rule 17; Sec. 5, last par., Rule 7]
5. Where the case falls under the Rules on
Summary Procedure, and
6. Where the parties agree, in writing, upon
the facts involved in the litigation and
SUBMIT THE CASE FOR JUDGMENT
ON THE FACTS AGREED UPON,
without the introduction of evidence [Sec.
7, Rule 30]
Schedule of Trial
The parties shall strictly observe the scheduled
hearings as agreed upon and set forth in the
pre-trial order. [Sec. 1, Rule 30]
TRIAL DATES
The schedule of trial dates shall be continuous
and within the following periods:
a. Initial presentation of plaintiff’s
evidence
• Shall be set not later than 30 calendar
days after termination of pre-trial
conference
• Plaintiff shall be allowed to present
evidence within a period of 3 months
or 90 calendar days which shall
include the date of JDR.
b. Initial presentation of defendant’s
evidence
• Shall be set not later than 30 calendar
days after the court’s ruling on
plaintiff’s formal offer of evidence.
• Defendant shall be allowed to present
evidence within a period of 3 months
or 90 calendar days.
c. The period for presentation of evidence
on the third (fourth-etc.)- party claim,
counterclaim, or cross-claim shall be
determined by the court.
• The total of which shall in no case
exceed 90 calendar days.
d. If deemed necessary, the court shall set
the presentation of the parties’ rebuttal
evidence
• Shall be completed within 30 calendar
days. [Sec. 1, Rule 30]
Periods for presentation of evidence
General Rule: The presentation of evidence of
all parties shall be terminated within 10 months
or 300 calendar days.
Exception: If there are no third (fourth-etc.)-
party claim, counterclaim, or cross-claim, the
presentation of evidence shall be terminated
within 6 months or 180 calendar days.
Note: Trial dates may be shortened depending
on the number of witnesses to be presented.
[Sec. 1, Rule 30]
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Period of decision
The court shall decide and serve copies of its
decision to the parties within a period not
exceeding 90 calendar days from submission
of the case for resolution, with or without
memoranda. [Sec. 1, Rule 30]
PRE- TRIAL, CAM, JDR (if needed)
Within 10 days
PRE-TRIAL ORDER
Within 30 days from the
Termination pf pretrial
TRIAL
Presentation of the evidence
of the plaintiff
90 days
IF JDR was conducted on the pretrial,
then the number of days of the JDR
shall be deducted to the 90 day period
allowed for the plaintiff
****** after the court’s ruling on plaintiff’s formal offer of
evidence the defendant can file a
DEMURRER TO EVIDENCE***
**** can be opposed within 5 days
*** shall be resolved by the court within 15 days
set not later than
30 calendar days
after the court’s ruling
on plaintiff’s formal offer
of evidence
Presentation of the evidence
of the defendant
90 days
Presentation of evidence on
the third (fourth-etc.)- party claim,
counterclaim, or cross-claim
90 days
DELEGATION OF RECEPTION OF
EVIDENCE
General Rule: The judge of the court where the
case is pending shall personally receive
the evidence to be adduced by the parties [Sec.
9, Rule 30]
Exception: The court may delegate the
reception of evidence to its COC in:
a. Default hearings
b. Ex parte hearings, or
c. Cases where the parties agree in writing
Note: In order to be able to receive evidence,
the clerk of court must be a member of the
bar. [Sec. 9, Rule 30]
Objections
The COC has no power to rule on objections to
any question or to the admission of exhibits.
Objections shall be resolved by the court upon
submission of the clerk’s report and the TSN
within 10 calendar days from termination of the
hearing. [Sec. 9, Rule 30]
CONSOLIDATION
Consolidation is a procedural device, granted to
the court as an aid in deciding how cases in its
docket are to be tried, so that the business of
the court may be dispatched expeditiously while
providing justice to the parties.
Purpose: To avoid multiplicity of suits, guard
against oppression or abuse, prevent delay,
clear congested dockets, simplify the work of
the trial court and save unnecessary costs and
expenses.
When proper: When actions involving a
common question of fact or law are pending
before the court.

Court action
Rebuttal Evidence The court may
30 days a. Order a joint hearing or trial of any or
WITHIN 90 DAYS all matters in issue in the actions
b. Order all actions consolidated; and
JUDGMENT
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c. Make such orders concerning
proceedings therein as may tend to
avoid unnecessary costs or delay.
[Sec. 1, Rule 31]
Kinds of consolidation
a. Quasi-consolidation – where all, except
one, of several actions are stayed until
one is tried, in which case, the judgment
in the one trial is conclusive as to others;
not actually consolidation but referred to
as such
b. Actual consolidation – where several
actions are combined into one, lose their
separate identity, and become one single
action in which judgment is rendered
c. Consolidation for Trial – where several
actions are ordered to be tried together,
but each retains its separate character,
and requires the entry of separate
judgment
TRIAL BY COMMISSIONERS
Commissioner - A person to whom a case
pending in court is referred, for him to take
testimony, hear the parties and report thereon
to the court, and upon whose report, if
confirmed, judgment is rendered [Secs.1, 3, 9,
11, Rule 32]
Note: as used in the Rules, “commissioner”
includes a referee, an auditor, and an examiner.
[Sec. 1, Rule 32]
General Rule: Trial by commissioner depends
largely upon the discretion of the court. [Secs.
1-2, Rule 32]
Exceptions: In the following instances,
appointment of a commissioner is necessary:
a. Expropriation [Rule 67]
b. Partition [Rule 69]
Kinds of trial by commissioners
a. Reference by consent of both parties
b. Reference ordered on motion
REFERENCE BY CONSENT
The court may order any or all of the issues in a
case to be referred to a commissioner by written
consent of both parties. [Sec. 1, Rule 32]
Commissioners are to be:
1. Agreed upon by the parties; or
2. Appointed by the court. [Sec. 1, Rule 32]
REFERENCE ORDERED ON MOTION
When the parties do not consent, the court may,
upon the application of either or of its own
motion direct a reference to a commissioner in
the following cases:
1. When the trial of an issue of fact requires
the examination of a long account on
either side, in which case the
commissioner may be directed to hear
and report upon the whole issue or any
specific question involved therein,
2. When the taking of an account is
necessary for the information of the court
before judgment, or for carrying a
judgment or order into effect,
3. When a question of fact, other than upon
the pleadings, arises upon motion or
otherwise, in any stage of a case, or for
carrying a judgment or order into effect.
[Sec. 2, Rule 32]
Order of reference
When a reference is made, the clerk shall
furnish the commissioner with a copy of the
order of reference, which may contain the
following:
1. Specifications or limitations of the powers
of the commissioner;
2. A direction to report only upon particular
issues, to do or perform particular acts,
or to receive and report evidence only;
and
3. The date for beginning and closing the
hearings, and that for the filing of his
report. [Sec. 3, Rule 32]
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POWERS OF THE COMMISSIONER
Oath of commissioner
Before entering upon his duties, the
commissioner shall be sworn to a faithful and
honest performance thereof. [Sec. 4, Rule 32]
Powers of the commissioner
a. Regulate the proceedings in every
hearing before him;
b. Do all acts and take all measures
necessary or proper for the efficient
performance of his duties under the
order;
c. Issue subpoenas and subpoenas duces
tecum;
d. Swear witnesses; and
e. Unless otherwise provided in the order of
reference, he may rule upon the
admissibility of evidence. [Sec. 3, Rule
32]
Note: Refusal of a witness to obey such
subpoena or to give evidence before him is
deemed contempt of the court which appointed
the commissioner. [Sec. 7, Rule 32]
Effect of party’s failure to appear
The commissioner may, in his discretion,
a. Proceed ex parte; or
b. Adjourn the proceedings to a future date
giving notice to the absent party or his
counsel. [Sec. 6, Rule 32]
Report of the commissioner
Upon the completion of the trial or hearing or
proceeding before the commissioner, he shall
file with the court his report in writing upon the
matters submitted to him by the order of
reference.
Notice and objections
Upon the filing of the report, the parties shall be
1. Notified by the clerk; and
2. Allowed 10 calendar days within which to
object to the findings of the report, if they
so desire [Sec. 10, Rule 32]
Note: The objections based upon grounds which
were available to the parties during the
proceedings before the commissioner, other
than objections to the findings and conclusions,
shall not be considered by the court unless they
were made before the commissioner.
Hearing upon the report
Upon the expiration of the 10-day period to file
objections, the report shall be set for hearing.
After such hearing, the court shall issue an
order:
1. Adopting, modifying, or rejecting the
report, in whole or in part, or
2. Recommitting it with instructions, or
3. Requiring the parties to present further
evidence before the commissioner or the
court. [Sec. 11, Rule 32]
4.
DEMURRER TO EVIDENCE
After the plaintiff has completed the
presentation of his evidence, the defendant may
move for dismissal on the ground that upon the
facts and the law the PLAINTIFF HAS SHOWN
NO RIGHT TO RELIEF. [Sec. 1, Rule 33]
• considered an allowable litigious motion.
Rule 15 requires that there must be proof of
service to the other party who shall have 5
calendar days to file an opposition.
• The court shall then resolve the motion
within 15 calendar days from the receipt of
such opposition.
Ground
Insufficiency of evidence, that upon the facts
and the law the plaintiff has shown no right to
relief. [Sec. 1, Rule 33]
Effect of DENIAL
• the defendant shall have the right to present
his evidence. [Sec. 1, Rule 33]
• The order denying the demurrer to evidence
shall not be the subject of an appeal or
petition for certiorari, prohibition or
mandamus before judgment. [Sec. 2, Rule
33]
Remedy:
1. PROCEED TO TRIAL, and
2. if the defendant loses - appeal the
judgment and include in the assigned
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errors, the denial of the demurrer to present evidence

evidence. and thus submits
the case for
Effect of GRANT judgment on the
• The case shall be dismissed. [Sec. 1, Rule basis of evidence
33] offered by the
Note: The grant of a demurrer is considered an prosecution.
adjudication on the merits If the demurrer is NO APPEAL IS
Remedy: GRANTED, the ALLOWED when a
1. APPEAL THE JUDGMENT. plaintiff demurrer is granted
The appellate court should not remand may appeal and because the
the case for further proceedings but IF THE DISMISSAL dismissal is deemed
should render judgment on the basis of IS REVERSED, an acquittal.
the evidence submitted by the plaintiff. the defendant is
NOTE: If the order granting the demurrer is deemed to have
REVERSED ON APPEAL, the defendant is waived his right to
deemed to have waived his right to present present his evidence.
evidence. It is the defendant The court may, on
who invokes its own initiative,
Demurrer to Evidence in a Civil Case vs demurrer by moving may dismiss the
Demurrer to Evidence in a Criminal Case for the dismissal of action after giving
Demurrer in Civil Demurrer in the case. the prosecution an
Case Criminal Case opportunity to be
Anchored upon the Predicated upon The court does not do heard.
failure of the prosecution’s so on its own
plaintiff to show that insufficiency of initiative.
he is entitled to evidence. [Sec. 23,
relief, upon the facts Rule 119] JUDGMENT ON THE PLEADINGS
and the law. [Sec. 1,
Rule 33] The court may, motu proprio or on motion of the
May be filed with or party, direct judgment on such pleading when
without leave of the answer:
court [Sec. 23, Rule a. Fails to tender an issue, or
119] b. Admits the material allegations of the
If the demurrer is • If the defense filed adverse party’s pleading
DENIED, the the demurrer with Note: The concept will not apply when no
defendant leave of court, the answer is filed. Ed.] When no answer is filed,
does not lose his right defense may the remedy is to move that the defendant be
to present his present evidence declared in default. [Sec. 3, Rule 9]
evidence. upon denial of
demurrer. Motion for a judgment on the pleadings is
• When without considered an allowable litigious motion. As
leave of court and such, there must be proof of service to the
the demurrer is other party who shall have 5 calendar days to
denied, the defense file an opposition. From receipt of such, the
is deemed to have court shall have 15 calendar days to resolve
waived the right to the motion.
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Note: Any action of the court on a motion for all or admits the
judgment on the pleadings shall not be material allegations of
subject of an appeal or petition for certiorari, the adverse party’s
prohibition or mandamus. [Sec. 2, Rule 34] pleading
Remedy: MR
Motion for judgment Motion for summary
Judgment on the pleadings is not proper in on the pleadings is judgment may be filed
the ff. cases: filed by a claiming by either the claiming
a. Declaration of Nullity of Marriage; party like a plaintiff or or the defending
b. Annulment of marriage; and a counterclaimant. party. [Secs. 1-2]
c. Legal Separation. [Sec. 1]
May be ordered motu
May be ordered motu proprio by the court.
SUMMARY JUDGMENTS proprio by the court. [Sec. 10, Rule 18]
A judgment which a court may render before [Sec. 10, Rule 18]
trial, but after both parties have pleaded Based on the Based on the
upon application by one party supported by pleadings alone pleadings, affidavits,
affidavits, depositions, or other documents, with
[Sec. 1] depositions and
notice upon the adverse party who may file an
admissions [Sec. 3]
opposition supported also by affidavits
depositions or other documents, should the
Case: HDMF vs Globeasiatique; Sagun and
court find after summarily hearing both parties
with their respective proofs that there exists no Lee
genuine issue between them. Issue: Whether petition for certiorari is the
proper remedy to question the partial summary
judgment
Summary Judgment is proper when it
appears to the court that Ruling: Yes. Partial summary judgment like that
a. There exists no genuine issue as to any rendered by the court was in the category of a
material fact, except as to the amount of separate judgment. Such judgment however
damages, and did not adjudicate damages and still directed
b. The moving party is entitled to judgment those further proceedings be had in order to
as a matter of law. determine the amount of damages. Considering
Note: Any action of the court on a motion for that the summary judgment was interlocutory,
summary judgment shall not be subject of an the remedy could not be an appeal but a
appeal or petition for certiorari, prohibition or PETITION FOR CERTIORARI FOR ONLY A
mandamus. [Sec. 3, Rule 35] FINAL JUDGMENT OR ORDER COULD BE
Remedy: MR APPEALED
Judgment on the Pleadings vs Summary
Judgments
Judgment on the Summary
Pleadings Judgment
Rule 34 Rule 35
Absence of a factual Involves an issue,
issue in the case but the issue is not
because the answer genuine.
tenders no issue at
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JUDGMENTS AND FINAL
ORDERS
Judgment in General
The final ruling by a court of competent
jurisdiction regarding the rights and obligations
of the parties, or other matters submitted to it in
an action or proceeding.
Requisites of a valid judgment
1. Court or tribunal must be clothed with
authority to hear and determine the
matter before it.
2. Court must have jurisdiction over the
parties and the subject matter
3. Parties must have been given an
opportunity to adduce evidence on their
behalf.
4. Evidence must have been considered by
the tribunal in deciding the case.
5. Judgment must be in writing, personally
and directly prepared by the judge.
6. Judgment must state clearly the facts
and the law upon which the decision is
based, signed by the judge and filed with
the clerk of court.
KINDS OF JUDGMENT
1. Judgment by compromise – Rendered
on the basis of a compromise agreement
entered into between the parties to the
action. Once approved by the court, a
judicial compromise is not appealable
and it thereby becomes immediately
executory
2. Judgment by confession (cognovit
actionem) – Rendered by the court when
a party expressly agrees to the other
party’s claim or acknowledges the validity
of the claim against him.
3. Judgment upon the merits – Rendered
after consideration of the evidence
submitted by the parties during the trial of
the case. A judgment is “on the merits”
when it amounts to a legal declaration of
the respective rights and duties of the
parties, based upon the disclosed facts.
4. Clarificatory judgment – Rendered
where the previous judgment is
ambiguous and difficult to comply with.
5. Judgment nunc pro tunc – Literally,
“now for then”. It is a judgment intended
to enter into the record the acts which
had already been done, but which do not
appear in the records. It can only be
issued when the thing ordered has
previously been made, but by
inadvertence has not been entered.
6. Judgment sin perjuicio – Traditionally
understood to be a brief judgment
containing only the dispositive portion.
7. Conditional Judgment – One whose
effectivity depends upon the occurrence
or non-occurrence of an event; generally
void because of the absence of a
disposition.
8. Several Judgments – Rendered by a
court against one or more defendants
and not against all of them, leaving the
action to proceed against the others
[Sec. 4, Rule 36]. A several judgment is
proper where the liability of each party is
clearly separable and distinct from that of
his co- parties such that the claims
against each of them could have been
the subject of separate suits, and
judgment for or against one of them will
not necessarily affect the others. In
actions against solidary debtors, a
several judgment is not proper
9. Separate Judgment – Rendered to
dispose of a claim among several others
presented in a case, after a
determination of the issues material to a
particular claim and all counterclaims
arising out of the transaction or
occurrence that is the subject matter of
said claim. [Sec. 5, Rule 36]
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10. Memorandum Decision – Rendered by POST-JUDGMENT REMEDIES

an appellate court, and incorporates by
reference the findings of fact or the Remedies before finality of judgment
conclusions of law contained in the 1. Motion for new trial [Rule 37]
decision, order or ruling under review 2. Motion for reconsideration [Rule 37]
11. Declaratory Judgment – Rendered in a 3. Appeal [Rules 40-45]
special civil action for declaratory [1 Riano 60, 2011 Ed.]
relief.[Rule 63]
12. Foreign Judgment – Rendered by a MNT MR
tribunal of a foreign country. [Sec 48, Grounds 1. FAME 1. Damages
Rule 39] [Sec. 1, 2. Newly awarded
Rule 37] discovered are
Judgment After Pre-trial evidence excessive
When the court includes in the pre-trial order • Supported by 2. The
that the case be submitted for summary affidavit of evidence is
judgment or judgment on the pleadings, merit insufficient
judgment shall be rendered within 90 calendar to justify the
days from termination of pre-trial. decision or
final order
The court may order such motu proprio or upon 3. Decision or
motion of any party and upon a showing that: final order is
a. There be no more controverted facts, contrary to
b. No more genuine issue as to any material law
fact, When to Within the period for taking an
c. There be an absence of any issue, or file appeal [Sec. 1,
d. Should the answer fail to tender an issue. Rule 37]
Court Set aside the Amend such
Judgment Without Trial Action judgment or judgment or
When trial is unnecessary: final order final order
1. Judgment on the Pleadings [Rule 34] and grant a accordingly if
2. Summary Judgment [Rule 35] new trial, upon the court finds
3. Upon compromise or amicable such terms as that
settlement, either during pre-trial or may be just a. Excessive
during trial [Rule 18; Art. 2028, Civil damages have
Code] been
4. Dismissal with prejudice [Sec. 13, Rule awarded or
15; Secs. 3 and 5, Rule 17] that, or
5. Under the Rules on Summary Procedure b. Judgment
6. When there is an agreed statement of or final order is
facts [Sec. 7, Rule 30] contrary to
the evidence
or law
Deny the motion
Court The motion shall be
resolution resolved within 30 days
from the time it is submitted for
resolution. (mandatory)
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Second A 2nd MNT A 2nd MR of a [Neypes v. CA, G.R. No. 141524

MNT/MR may be judgment or (2005)]
[Sec. 5, allowed if final order is Note: What is appealed is the
Rule 37] based on a not allowed. judgment itself, not the order
ground not Note: This denying the MNT/MR.
existing or prohibition
available when does not apply Single-motion rule [Sec. 5, Rule 37]
the 1st MNT to interlocutory Motion for New Trial
was made. orders. An MNT shall include all grounds then available
Effect if The original The court may and those not so included shall be deemed
granted judgment or amend the waived.
final order judgment or • A 2nd MNT, based on a ground not existing
shall be final order nor available when the first motion was made,
vacated, and accordingly if may be filed within the time herein provided
the action shall the ground excluding the time during which the first motion
stand for trial relied upon had been pending.
de novo; but prevails.
the recorded [Sec. 3, Rule APPEAL
evidence shall 37] Nature
be used in the a. The right to appeal is not a constitutional,
new trial natural, or inherent right.
without b. It is a statutory privilege and of statutory
retaking the origin and is available only if granted or if
same. [Sec. 6, so provided by statute.
Rule 37] As a rule, the perfection of an appeal in the
Effect of An order denying a MNT or MR manner and within the period prescribed by law
denial of is not appealable. is not only mandatory, but jurisdictional. A failure
the The remedy is an appeal from to comply with the rules of appeal will render the
MOTION the judgment or judgment final and executory
final order. [Sec 9, Rule 37]
Note: The order denying the Appeal vs Action to Review
motion may itself be assailed by Appeal Action to Review
a petition for certiorari under court by which the court which made the
Rule 65. [1 Regalado 437, 2010 first determination determination is a
Ed.] was made is not a party to the
Remedy if The SC has allowed a fresh party to the proceeding for
the period of 15 days within which proceeding for review review
Motion is to file the notice of appeal in the
denied RTC, counted from receipt of the Harmless error rule in appellate decisions
order dismissing a MNT/MR. No error in either the admission or the exclusion
of evidence and no error or defect in any ruling
The fresh period of 15 days or order or in anything done or omitted by the
becomes significant only when a trial court or by any of the parties is ground for
party opts to file a motion for new granting a new trial or for setting aside,
trial or motion for modifying, or otherwise disturbing a judgment or
reconsideration. order, unless refusal to take such action

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appears to the court inconsistent with separate claims, counterclaims, cross-

substantial justice. [Sec. 6, Rule 51]
The court at every stage of the proceeding must
disregard any error or defect which does not
affect the substantial rights of the parties. [Sec.
6, Rule 51]
claims and third-party complaints, while
the main case is pending, unless the
court allows an appeal therefrom; and
7. An order dismissing an action without
prejudice. [Sec. 1, Rule 41, as amended
by A.M. No. 07- 7-12-SC]

We have likewise followed the harmless error Final order v. Interlocutory order
rule in our jurisdiction. In dealing with evidence Final Order Interlocutory Order
improperly admitted in trial, we examine its One that finally One that determines
damaging quality and its impact to the disposes of a case, incidental matters
substantive rights of the litigant. If the impact is leaving nothing more that does not touch
slight and insignificant, we disregard the error as to be done by the on the merits of the
it will not overcome the weight of the properly Court in respect case or put an end to
admitted evidence against the prejudiced party. thereto. the proceedings.
[People v. Teehankee, G.R. Nos. 111206-08 Subject to appeal Proper remedy to
(1995)] question an
Judgments and Final Orders Subject to improvident
Appeal interlocutory order is
An appeal may be taken from a judgment or final a petition for certiorari
order that completely disposes of the case, or of under Rule 65
a particular matter therein when declared by the Must express clearly Not considered
ROC to be appealable [Sec. 1, Rule 41] and distinctly the decisions or
facts and the law on judgments within the
Note: Not every judgment or final order is which it is based. constitutional
appealable. An example of judgments or final definition
orders which do not completely dispose of a
case and are, hence, not appealable are several Effect of an appeal from an interlocutory
and separate judgments provided for under order
Secs. 4 and 5 of Rule 36. If an order appealed from is interlocutory, the
appellate court can dismiss the appeal even if
Matters Not Appealable the appellee did not file any objection.
1. An order denying a petition for relief or
any similar motion seeking relief from Remedy Against Judgments and Orders
judgment; Which Are NOT APPEALABLE
2. An interlocutory order; In those instances where the judgment or final
3. An order disallowing or dismissing an order is not appealable, the aggrieved party may
appeal; file the appropriate special civil action under
4. An order denying a motion to set aside a Rule 65. [Sec. 1, Rule 41]
judgment by consent, confession or
compromise on the ground of fraud,
mistake or duress, or any other ground
vitiating consent;
5. An order of execution;
6. A judgment or final order for or against
one or more of several parties or in
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Ordinary Appeal Petition For Appeals From Petition for

Review QJAs To The Review by
CA Certiorari
Rule 40 41 42 43 45
Case decided Case decided Case decided Awards, Case where
by MTC in by RTC in by RTC in judgments, only
exercise of exercise of exercise of final orders or questions of
original original appellate resolutions of law are raised
jurisdiction jurisdiction. jurisdiction. or authorized or involved.
[Sec. 2(a)] [Sec. 2(b), by any QJA in [Sec. 2(c),
Rule the exercise of Rule 41]
41] its quasi-
judicial Appeal by
functions. certiorari
[Sec. 1] from a
EXCEPT: judgment or
Judgments or final order or
final resolution of
orders issued the CA, the
under Sandiganbaya
the Labor n, the RTC or
Code. other
[Sec. 2] courts
*NLRC (since whenever
final and authorized by
executory law (CTA En
Remedy: rule Banc).
65 [Sec. 1]
Where to file MTC RTC CA CA SC
an appeal
Applicability MR/MNT may MR/MNT may
of filing an be filed be filed
MR/MNT
before filing
a notice of
appeal
Filing an Not allowed Not allowed
extension of
time to file
MR/MNT
Filing for a Allowed upon
motion for payment of
extension to docket fees;
file an 2nd extension
appeal of time only
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allowed on
most
compelling
reason
Effect of 15 days fresh 15 days fresh
denial of period to file a period to file a
MR/MNT notice of notice of
appeal appeal
Mode of Notice of Notice of Petition for Verified Petition for
Appeal appeal (15 appeal (15 review with the petition for review on
days) days) CA [Sec. 2(b), review with the certiorari with
Record on Record on Rule 41] CA the SC [Sec.
appeal with the appeal with the [Sec. 5] 2(c), Rule 41]
CA (30 days) CA (30 days)
How Filing a notice Filing a notice File a verified File a verified File verified
made of appeal with of appeal with petition for petition for petition
the court which the court which review with the review in 7 for review on
rendered the rendered the CA, paying at legible copies certiorari with
judgment or judgment or the same time with the CA, the SC [Sec. 1]
final order final order to with proof of
appealed from appealed from the clerk of service of a Petitioner shall
and serving a and serving a said court the copy thereof pay
copy thereof copy thereof corresponding on the adverse the
upon the upon the docket and party and on corresponding
adverse party adverse party other lawful the court or docket and
If required, the If required, the fees, agency a quo. other lawful
record-on record-on depositing the The fees to the
appeal shall be appeal shall be amount of PHP original copy of COC of the SC
filed and filed and 500.00 for the and
served in like served in like costs, and petition deposit the
manner [Sec. manner [Sec. furnishing the intended for amount
2] 2] RTC and the the CA shall be of PHP 500.00
adverse party indicated as for
with a copy of such by the costs at the
the petition petitioner. time of
[Sec. 1] the filing of the
Upon the filing petition. Proof
of the petition, of service of a
the petitioner copy thereof
shall pay to the on the lower
COC of the CA court
the docketing concerned and
and other on the adverse
lawful fees and party shall be
deposit the submitted
sum of PHP together with

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500.00 for the petition

costs [Sec. 3]
Documents Appellant: Appellant:
filed Appellant’s Appellant’s
Memorandum Brief (45 days)
(15 days) Appellee:
Appellee: Appellee’s
Appellee’s Brief (45 days)
Memorandum Appellant:
(15 days) Reply Brief (20
days)
Period Within 15 days Within 15 days Within 15 days Within 15 days Within 15 days
of from notice of from notice of from notice of from: from
appeal the judgment the judgment 1.The decision 1. Notice of the notice of
or final order or final order sought to be award, 1. The
appealed from appealed from reviewed or judgment, judgment or
2.The denial of final order or final order or
Where a Where a petitioner’s resolution, resolution
record of record of MNT or MR or appealed
appeal is appeal is filed in due 2. The date of from, or
required, file a required, file a time after i. its last 2. The denial
notice of notice of judgment publication of the
appeal and a appeal and a [Sec. 1] , if petitioner’s
record on record on publication MNT or MR
appeal within appeal within is required filed in due
30 days from 30 days from by law for time after
notice of the notice of the its notice of the
judgment or judgment or effectivity, judgment
final order final order or [Sec. 2]
[Sec. 3] [Sec. 3] ii. the denial
of
petitioner’s
MNT or
MR duly
filed in
accordanc
e with the
governing
law of the
court or
agency a
quo [Sec.
4]
RTC: even if CA: bound only
not raised as by the
an issue, can assignment of
examine the
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records of the errors of the

case and appellant
render
judgment

RTC can take

cognizance of
the case
dismissed by
MTC for lack of
jurisdiction if it
finds that it has
jurisdiction of
such case.
Dismissal of Failure to file • Non filing of • Nonpayment
Appeal; the appellant’s appellant’s of appeal
Grounds memorandum brief docket fees
• Appeal filed on the
outside the reglementary
reglementary period
period • Non payment
• Nonpayment of deposit for
of appeal costs
docket fees • Lack of proof
on the of service if
reglementary the petition
period • Failure to
• Appellant’s comply with
brief is the contents
without and
assignment documents
of errors which should
• Appellant’s accompany
brief is the petition
without page
reference,
table of
contents (CA
MAY
DISMISS)

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Certiorari as mode of appeal and as special parties, who thereby

civil action to be impleaded respectively become
the petitioner and
Appeal by Certiorari Certiorari as a respondents
Special Civil Action Prior filing of a MR is MR is a condition
Brings up for review, • correction of errors not required precedent
errors of judgment of jurisdiction only Appellate court is in Higher court
committed by the • or grave abuse of the exercise of its exercises original
court. discretion appellate jurisdiction under
amounting to lack or jurisdiction and its power of control
excess of power of review and supervision
jurisdiction. over the proceedings
Based on questions Whether the lower of lower courts
of law court acted without or
in excess of RELIEF FROM JUDGMENTS, ORDERS,
jurisdiction or with AND OTHER PROCEEDINGS
grave abuse of Remedies after finality of judgment
discretion 1. Petition for Relief [Rule 38]
Involves the review May be directed 2. Action to Annul Judgment [Rule 47]
of the judgment, against an 3. Certiorari
award or final order interlocutory order 4. Collateral Attack of a Judgment that is
on the merits of the court prior to Void on its Face
appeal from the
judgment or where PETITION FOR RELIEF FROM JUDGMENT
there is no appeal or a. Available after judgment has become
any other plain, final and executory
speedy or adequate b. Applies to judgments, final orders and
remedy other proceedings
Must be made within May be filed not later c. Must be a party
the reglementary than 60 days from d. Ground: FAME
period for appeal notice of the e. Filed:
judgment, order or 1. Within 60 days from knowledge of
resolution sought to judgment; and
be assailed 2. Within 6 months from entry of
Stays the judgment, Unless a writ of judgment
award or order preliminary f. If denied, order denying a petition for
appealed from injunction or a TRO relief is not appealable; remedy is
shall have been appropriate civil action under Rule 65
issued, does not g. Equitable remedy
stay the challenged h. Petition must be verified
proceeding
Petitioner and The parties are the ANNULMENT OF JUDGMENTS OR FINAL
respondent are the aggrieved party ORDERS AND RESOLUTIONS
original parties to against the lower Purpose
the action, and the court or quasi- The purpose of such action is to have the final
lower court or quasi- judicial agency and and executory judgment set aside so that there
judicial agency is not the prevailing will be a renewal of litigation.
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Who can file

Such remedy is considered an exception to the A person who is not a party to the judgment
final judgment rule or the doctrine of may sue for its annulment provided that he can
immutability of judgments. prove:
a. The judgment was obtained through
When proper fraud or collusion, and
An action for annulment of judgment may be b. He would be adversely affected thereby.
availed of even if the judgment to be annulled [Alaban v. CA, G.R. No. 156021 (2005)]
has already been fully executed or
implemented. Grounds for Annulment
The annulment may be based only on the
When not available grounds of:
a. Where the party has availed himself of a. Extrinsic fraud, and
the remedy of new trial, appeal, petition Note: Such shall not be a valid ground if
for review, or other appropriate remedy it was availed of, or could have been
and lost, or availed of, in a MNT or petition for relief.
b. Where he has failed to avail himself of b. Lack of jurisdiction. [Sec. 2, Rule 47]
those remedies through his own fault or • Lack of jurisdiction over the subject
negligence. matter or lack of jurisdiction over the
person of the defendant
Note: It is a condition sine qua non that one must • Indispensable party is not impleaded
have failed to avail of those remedies, through • Lack of due process
to fault attributable to him. Otherwise, he would
benefit from his own inaction or negligence. Action of the court
1. Should the court find no substantial
Where filed merit in the petition, the same may be
Judgment, Final Judgment, Final dismissed outright with specific reasons
Order or Order or for such dismissal.
Resolution of the Resolution of the 2. Should prima facie merit be found in
RTC MTC, etc. the petition, the same shall be given due
Filed with the CA Filed with the RTC course and summons shall be served on
[Sec. 1, Rule 47] [Sec. 19(6), BP 129] the respondent.
CA has exclusive RTC as a court of
and original general jurisdiction EFFECTS OF JUDGMENT OF ANNULMENT
jurisdiction over said under Sec. 19(6), BP Based on lack of jurisdiction
action under Sec. 129 A judgment of annulment shall set aside the
9(2) of BP 129 questioned judgment or final order or resolution
The CA may dismiss The RTC has no and render the same null and void, without
the case outright; it such discretion, it is prejudice to the original action being refiled in
has the discretion on required to consider the proper court.
whether or not to it as an ordinary civil
entertain the action. Based on extrinsic fraud
petition. [Sec. 5, The court may on motion order the trial court to
Rule 47] try the case as if a timely motion for new trial had
been granted therein. [Sec. 7, Rule 47]

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Difference: When it is based on extrinsic fraud, COLLATERAL ATTACK OF JUDGMENTS

the original judgment was not tainted by Direct attack vs. Collateral attack
jurisdictional defects but by the deception which a. Direct attack - The object of an action is
then resulted in the prejudicial error to annul or set aside such judgment, or
enjoin its enforcement.
Note: The judgment of annulment may include b. Collateral/Indirect attack - In an action
the award of damages, attorney’s fees, and to obtain a different relief, an attack on
other reliefs. [Sec. 9, Rule 47] the judgment or proceeding is made as
an incident thereof.
Effect on prescriptive period for refiling of
the original action The validity of a judgment or order of the court,
When suspended - from the filing of said which has become final and executory, may be
original action until the finality of the judgment attacked in three ways:
of annulment. a. By a direct action or proceeding to annul
the same
When not suspended - where the extrinsic • To annul and enjoin enforcement
fraud is attributable to the plaintiff in the original of the judgment, where the alleged
action. defect is not apparent on its face
[Sec. 8, Rule 47] or from the recitals contained in
the judgment; See Rule 47
Period to File Action b. By direct action, as certiorari, or by
Extrinsic Lack if collateral attack in case of apparent
Fraud Jurisdiction nullity
Period of 4 years from Before it is • The collateral attack must be
Filing discovery barred by against a challenged judgment
laches or which is void upon its face as
estoppel where it is patent that the court
which rendered said judgment has
Form and contents of petition no jurisdiction or that the nullity of
1. Verified petition, alleging therein: the judgment is apparent from its
a. With particularity the facts and the law own recitals
relied upon c. By a Petition for Relief under Rule 38
b. Petitioner’s good and substantial • Must be taken in the same action
cause of action or defense or proceeding in which the
2. In 7 clearly legible copies, together with judgment or order was entered.
sufficient copies corresponding to the
number of respondents Void judgment
3. Certified true copy of the judgment or 1. Considered as no judgment at all.
final order or resolution shall be attached 2. Cannot be the source of any right nor the
to the original copy of the petition creator of any obligation.
intended for the court and indicated as 3. All acts performed pursuant to it and all
such by the petitioner claims emanating from it have no legal
4. Affidavits of witnesses or documents effect.
supporting the cause of action or 4. Can never become final and any writ of
defense; and execution based on it is void.
5. Certificate of non-forum shopping [Polystyrene Manufacturing v.

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Privatization Management, G.R. No.
171336 (2007)]
Attacking a void judgment
1. It may be assailed any time, and
2. It may be done collaterally or in a direct
action unless barred by laches. [Spouses
Benatiro v. Heirs of Cuyos, G.R. No.
161220 (2008)]
Remedies
If the period for appeal has not yet lapsed:
1. New Trial and Reconsideration [Rule 37],
2. Appeal [Rules 40-45],
3. Petition for Relief [Rule 38], and
4. Other appropriate remedies such as
certiorari. [1 Riano 60, 2011 Ed.]
If the appropriate remedies are no longer
available without the fault of the petitioner, he
may avail of a petition for Annulment of
Judgment [Rule 47] [Mandy Commodities Co.
Inc. v ICBC, G.R. No. 166734 (2009)]
Note: When all else fails, there is jurisprudence
to the effect that a patently void judgment may
be dealt with by a Main Action for Injunction.
[Barrameda v. Moir, G.R. No. L-7927 (1913)]
ORIGINAL CASES (CA)
To what actions applicable
Rule applies to original actions for:
1. Certiorari
2. Prohibition
3. Mandamus
4. Quo warranto
**although RTC and SC has concurrent
jurisdiction
*** writ of amparo, writ of habeas data, writ of
kalikasan, writ of continuing mandamus may
also be filed with the CA
Jurisdiction over the person of the
respondent
The court shall acquire jurisdiction over the
person of the respondent by
1. the service on him of its order or
resolution indicating its initial action on
the petition; or
2. by his voluntary submission to such
jurisdiction
Action by the Court
The court may:
1. dismiss the petition outright with specific
reasons for such dismissal; or
2. require the respondent to file a comment
on the same within 10 days from notice.
Only pleadings required by the court shall be
allowed. All other pleadings and papers may
be filed only with leave of court.
Determination of factual issues
1. Whenever necessary to resolve factual
issues, the court may conduct hearings
thereon; or
2. Delegate the reception of evidence in
such issues to any of its members or to
an appropriate court, agency or office.
Effect of failure to comment
The case may be decided on the basis if the
record, without prejudice to any disciplinary
action which the court may take against the
disobedient party.
****REVIEW AND UPDATE*****
*****
NOTES ON APPEAL****
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EXECUTION, SATISFACTION, not yet “final and being filed.

executory” pending
AND EFFECT OF JUDGMENTS the expiration of the
reglementary period
Execution is a remedy afforded by law for the for appeal.
enforcement of a judgment. It is a judicial writ During that period, After the lapse of the
issued to an officer authorizing and requiring the winning party reglementary period
him to execute the judgment of the court. cannot demand the to appeal, the
execution of the prevailing party is
Where Filed judgment yet as a entitled to a writ of
The motion for execution of judgment is filed in right execution, and
the court which rendered the original judgment. issuance thereof is a
ministerial duty of the
Note: The prevailing party can secure certified court.
true copies of the judgment or final order of the
appellate court, the entry thereof, and submit it When Execution Shall Issue
to the court of origin to justify a motion for a writ General rule: Execution shall issue as a matter
of execution even without waiting for receipt of
of right, on motion, upon a judgment or order
the records from the appellate court. [Circular
that disposes of the action or proceeding upon
No. 24-94]
the expiration of the period to appeal therefrom
if no appeal has been duly perfected.
The appellate court can also direct the issuance
of the writ of execution upon motion in the same
Exceptions: The following are IMMEDIATELY
while the records are still with the appellate
EXECUTORY without the expiration of the
court, or even after remand to the lower court. [1
period to appeal:
Regalado 452, 2010 Ed.]
a. Judgments in actions for injunction,
receivership, accounting and support,
Difference Between Finality of Judgment for
and such other judgments as are now or
Purposes of Appeal and for Purposes of
may hereafter be declared to be
Execution
immediately executory. [Sec. 1, Rule 39]
• A judgment is final if it disposes of the b. Judgments in an action for forcible entry
action or unlawful detainer rendered against the
• interlocutory order which leaves defendant. [Sec. 19, Rule 39]
something to be done with respect to the c. The decision of the Regional Trial Court
merits of the case, in civil cases governed by the Rules on
• executory if the period to appeal has Summary Procedure. [Sec. 21, Rules on
expired and no appeal is taken. Summary Procedure]
d. The decision of the Labor Arbiter
FINAL JUDGMENTS FINAL AND reinstating a dismissed or separated
EXECUTORY employee.
JUDGMENTS
Final judgments Judgments become
Exception to the exception: The appellate
finally dispose of, final and executory
court in its discretion may make an order
adjudicate, or by operation of law
suspending, modifying, restoring or granting the
determine the rights after the lapse of the
injunction, receivership, accounting, or award of
of the parties; period for appeal
support. The stay of execution shall be upon
HOWEVER, they are without an appeal
such terms as to bond or otherwise as may be
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considered proper for the security or protection
of the rights of the adverse party.
Quashal of a writ of execution
General rule: The execution of final and
executory judgments may no longer be
contested and prevented, and no appeal should
lie therefrom. [1 Riano 609, 2016 Ed.]
Exception: These exceptional circumstances
may prevent the execution of a judgment or
allow the quashal of a writ of execution already
issued:
1. Improvidently issued
2. Defective in substance
3. Issued against wrong party
4. Issued without authority
5. Inequitable due to change in situation of
parties
6. Controversy was never validly submitted
to court
7. The writ varies the terms of the judgment,
there is ambiguity in the terms of the
judgment or when it is sought to be
enforced against property exempt from
execution
8. There is substantial variance between
the judgment and the writ of execution
issued to enforce the same
Note: These defects may be challenged on
appeal or in certiorari, prohibition or mandamus
actions.
Execution as a MATTER OF RIGHT
1. Upon the expiration of the period to
appeal therefrom if no appeal has been
duly perfected.
2. Appeal has been duly perfected and
finally resolved.
How done
1. If no appeal is perfected upon the
expiration of the period to appeal
therefrom, ON MOTION.
2. If the appeal has been duly perfected and
finally resolved, the execution may
a. Be applied for in the court of origin,
b. On motion of the judgment obligee,
c. Submitting certified true copies of the
judgment or judgments or final order
or orders sought to be enforced and
of the entry thereof, with notice to the
adverse party.
Supervening event doctrine
A supervening event can be invoked for the
modification or alteration of a final judgment.
This refers to:
a. Facts which transpire after judgment has
become final and executory;
b. New circumstances which developed
after the judgment has acquired finality;
c. Matters which the parties were not aware
of prior to or during the trial as they were
not yet in existence at that time.
The supervening facts or circumstances must
either
a. Bear a direct effect upon the matters
already litigated and settled, or
b. Create a substantial change in the rights
or relations of the parties therein which
render execution of the final judgment
unjust, impossible, or inequitable.
DISCRETIONARY Execution
The issuance of a writ of execution is
discretionary on the part of the court when it is
for the
a. Execution of a judgment or final order
pending appeal, or
b. Execution of several, separate, or partial
judgments. [Sec. 2, Rule 39]
Note: The period to appeal where an MR has
been filed commences only upon the receipt of
a copy of the order disposing of the MR. The
pendency of the MR prevents the running of the
period to appeal. When there is a pending MR,
an order of execution pending appeal is
improper and premature.
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Discretionary execution is not applicable in from proceeds of the property subject in

the case of the CA
A judgment of the CA cannot be executed
pending appeal
Where motion filed
1. In the trial court
• While it has jurisdiction over the
case and is in possession of the
original record or record on appeal
2. In the appellate court
• After the trial court has lost
jurisdiction.
Requisites
1. Motion filed by the prevailing party with
notice to the adverse party,
2. Filed with either the trial court or
appellate court,
3. Hearing on the motion for discretionary
execution,
4. There must be good reasons to justify
the discretionary execution, and
5. The good reasons must be stated in a
special order.
litigation.
Stay of discretionary execution
Discretionary execution issued may be stayed
upon approval by the proper court of a sufficient
supersedeas bond
a. Filed by the party against whom it is
directed, and
b. Conditioned upon the performance of the
judgment or order allowed to be executed
in case it shall be finally sustained in
whole or in part.
Note: The bond may be proceeded against on
motion with notice to the surety.
REMEDY against discretionary execution
The remedy is certiorari by Rule 65.
Note: The fact that the losing party has also
appealed from the judgment does not bar
certiorari proceedings as the appeal could not
be an adequate remedy from such premature
execution.
HOW A JUDGMENT IS EXECUTED

“Good reasons” Modes of enforcement of execution

Compelling circumstances justifying the Mode When Enforced
immediate execution lest judgment becomes By Motion Within 5 years from the date
illusory, or the prevailing party may after the of entry of judgment
lapse of time become unable to enjoy it. By After the lapse of 5 years
independent from the date of entry and
Examples of good reasons: action before it is barred by the
1. Where the goods subject of the judgment statute of limitations
stands to perish or deteriorate during the NOTE: The statute of
pendency of the appeal limitations is 10 years from
2. The award of actual damages is for an the date of entry.
amount fixed and certain, but not an
award for moral and exemplary Revival of judgment
damages. An action for revival of judgment is a procedural
3. Insolvency of a defeated party. means of securing the execution of a previous
4. The prevailing party is of advanced age judgment which has become dormant after the
and in a precarious state of health and passage of 5 years without it being executed
the obligation in the judgment is non- upon motion of the prevailing party.
transmissible, being for support.
5. Where defendants were exhausting their The action must be filed within 10 years from
income and have no other property aside
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the date the judgment became final since the
action to enforce a judgment prescribes in 10
years from the finality of judgment.
A revived judgment is deemed a new judgment
separate and distinct from the original
judgment. It is not a continuation. [PNB v.
Bondoc, G.R. No. L-20236 (1965)]
How enforced
A revived judgment may also be enforced the
same way. [Sec. 6, Rule 39]
Note: The 10-year prescriptive period
commences to run from the date of finality of the
revived judgment and not the original judgment.
[PNB v. Bondoc, G.R. No. L-20236 (1965)]
Time periods
The time periods provided may be STAYED by:
a. Agreement of the parties for a definite
time,
b. Injunction, or
c. Taking of an appeal or writ of error.
The periods SHALL NOT APPLY to:
a. Special proceedings, and
b. Judgments for support.
ISSUANCE AND CONTENTS OF A WRIT OF
EXECUTION
Contents of the writ of execution
The writ of execution is issued in the name of
the Republic of the Philippines and shall state:
1. The name of the court,
2. The case number and title,
3. The dispositive part of the subject
judgment or order, and
4. Shall require the sheriff or other proper
officer to whom it is directed to enforce
the writ according to its terms.
Against whom issued
General rule: Only real parties in interest in an
action are bound by judgment rendered therein
and by the writs of execution.
Exceptions:
There are certain cases where the writ may be
issued against non-parties
a. One who is privy to judgment debtor can
be reached by an order of execution and
writ of demolition
b. Issued against one who, not being
originally a party to the case, submits his
interest to the court for consideration in
the same case and invites adjudication
regarding said interest
c. Where non-parties voluntarily signed the
compromise agreement or voluntarily
appeared before court
Return of a writ of execution
a. Judgment satisfied within 30 days
The writ of execution shall be returnable
to the court issuing it immediately after
the judgment has been satisfied in part or
in full. [Sec. 14, Rule 39]
b. Judgment not satisfied within 30 days
1. The officer shall report to the court
and state the reason therefore.
2. The officer shall make a report to the
court every 30 days on the
proceedings taken thereon until the
judgment is satisfied in full, or its
effectivity expires.
3. The returns or periodic reports shall
set forth the whole of the proceedings
taken, and shall be filed with the court
and copies thereof promptly furnished
the parties [Sec. 14, Rule 39]
Note: The life of the writ is 5 years. 30 days is
the period for the sheriff to report to the court
any successful execution, make an inventory
and submit to the court.
Entry of satisfaction of judgment
Satisfaction of a judgment shall be entered by
the COC in the court docket, and in the
execution book, upon the:
a. Return of a writ of execution showing the
full satisfaction of the judgment, or
b. Filing of an admission to the satisfaction
of the judgment executed and
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acknowledged in the same manner as a
conveyance of real property by the
judgment obligee or by his counsel
unless a revocation of his authority is
filed, or
c. Endorsement of such admission by the
judgment obligee or his counsel on the
face of the record of the judgment. [Sec.
44, Rule 39]
The court may order the entry of satisfaction
even if the judgment was satisfied in fact or
otherwise than upon execution:
a. With admission of satisfaction by the
judgment obligee or counsel, or
• On demand of the judgment
obligor, such persons must
execute and acknowledge, or
indorse, the admission
• After notice and upon motion, the
court may order such persons to
do so
b. Without admission of satisfaction [Sec.
45, Rule 39]
Effect of death of a party to execution
a. Death of the judgment obligee
• Will not prevent the execution of
judgment
• Execution will issue upon the
application of the executor,
administrator, or successor in
interest.
b. Death of the judgment obligor
• Will not prevent execution of
judgment
• Execution shall issue against his
executor, administrator, or
successor in interest. [Sec. 7,
Rule 39]
EXECUTION OF JUDGMENTS FOR MONEY
If the award is for payment of money, execution
is enforced by
1. Immediate payment on demand,
2. Satisfaction by levy, or
3. Garnishment of debts and credits [Sec. 9,
Rule 39]
Note: Levy can only be made under Sec. 9 of
Rule 39
IMMEDIATE PAYMENT ON DEMAND
Procedure
1. The officer shall demand from the
judgment obligor the immediate
payment of the full amount stated in
the writ of execution and all lawful fees.
(judgment obligor must be given a
reasonable time to pay)
2. The judgment obligor shall pay in
cash, certified bank check payable to the
judgment obligee, or any other form of
payment acceptable to the latter, the
amount of the judgment debt under
proper receipt directly to the judgment
obligee or his authorized representative if
present at the time of payment.
3. The lawful fees shall be handed under
proper receipt to the executing sheriff
who shall turn over the said amount
within the same day to the COC of the
court that issued the writ.
Procedure if the judgment obligee or his
authorized representative is not present to
receive payment
1. The judgment obligor shall deliver the
aforesaid payment to the executing
sheriff.
Note: In no case shall the executing
sheriff demand that any payment by
check be made payable to him.
2. The executing sheriff shall turn over all
the amounts coming into his possession
within the same day to the COC of the
court that issued the writ, or if the same
is not practicable, deposit said amounts
to a fiduciary account in the nearest
government depository bank of the. RTC
of the locality.
3. The COC shall thereafter arrange for the
remittance of the deposit to the account
of the court that issued the writ whose
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COC shall then deliver said payment to
the judgment obligee in satisfaction of the
judgment.
4. The excess, if any, shall be delivered to
the judgment obligor while the lawful fees
shall be retained by the COC for
disposition as provided by law. [Sec.
9(a), Rule 39]
SATISFACTION BY LEVY
Definition
Levy is the act whereby:
a. A sheriff/officer sets apart or
appropriates,
b. For the purpose of satisfying the
command of the writ,
c. A part or the whole of the judgment
debtor’s property.
Condition before resort to satisfaction by
levy
If the judgment obligor cannot pay all or part of
the obligation in cash, certified bank check or
other mode of payment acceptable to the
judgment obligee.
Procedure
1. The officer shall levy upon the
properties of the judgment obligor of
every kind and nature whatsoever which
may be disposed of for value and not
otherwise exempt from execution
2. The officer shall give the judgment
obligor the option to choose which
property or part thereof may be levied
upon, sufficient to satisfy the judgment.
3. If the judgment obligor does not exercise
the option, the officer shall:
a. first levy on the personal
properties, if any, and
b. then on the real properties if the
personal properties are
insufficient to answer for the
judgment.
Note: The sheriff shall sell only a sufficient
portion of the personal or real property of the
judgment obligor which has been levied upon
and only so much of the personal or real
property as is sufficient to satisfy the judgment
and lawful fees.
How the levy is done
Real property, stocks, shares, debts, credits,
and other personal property, or any interest in
either real or personal property, may be levied
upon in like manner and with like effect as under
a writ of attachment. [Sec. 9(b), Rule 39]
Note: If the judgment is for a sum of money
1. The judgment obligor dies BEFORE
the levy has been made on the
property:
• judgment cannot be enforced by
writ of execution.
• Instead, it should be filed as a
claim against the estate.
2. If the judgment obligor dies AFTER
THE ENTRY OF JUDGMENT BUT
BEFORE LEVY on his property:
• Execution will issue if it is for the
recovery of real/personal
property.
“Break-open” order
An order from the court authorizing the sheriff
to destroy, demolish or remove improvements
on property subject of execution. [Sec. 10(d),
Rule 39]
A special order of demolition is an order from the
court authorizing the sheriff to destroy, demolish
or remove improvements on property subject of
execution. It is issued upon hearing and
reasonable notice. Without one, the sheriff
cannot destroy, demolish, or remove any
improvements on the property. [Guario v.
Ragsac, A.M. No. P-08-2571 (2009); see Sec.
10(d), Rule 39]
A writ of execution directing the sheriff to cause
the defendant to vacate is in the nature of a
habere facias possessionem and authorizes the
sheriff, without need of securing a “break-open”
order, to break open the premises where there
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is no occupant therein. [Arcadio v. Ylagan, A.M.
No. 2734 (1986)]
Note: The rationale is that the writ of execution
itself is essentially an order to place the
prevailing party in possession of the property. If
the defendant refuses to surrender possession
of the property to the prevailing party, the sheriff
or other proper officer should oust him. No
express order to this effect needs to be stated in
the decision. [Guario v. Ragsac, A.M. No. P-08-
2571 (2009)]
GARNISHMENT OF DEBTS AND CREDITS
The process of levying shall be called
garnishment if the property involved is
money, stocks, or other incorporeal property
in the hands of third persons.
Note: Garnishment merely sets apart such
funds but does not constitute the creditor as
owner of the garnished property.
Garnishment is not a violation of R.A. 1405 on
the secrecy of bank deposits, as it does not
involve an inquiry or examination of such
deposit. [China Banking Corp. v. Ortega, G.R.
No. L-34964 (1973)]
What may be garnished
The officer may levy on
a. Debts due the judgment obligor and
b. Other credits, including
i. Bank deposits
ii. Financial interests
iii. Royalties
iv. Commissions and
v. Other personal property not capable
of manual delivery in the possession
or control of third parties.
Procedure
1. Notice shall be served upon the person
owing such debts or having in his
possession or control such credits to
which the judgment obligor is entitled.
• Note: The garnishment shall cover
only such amount as will satisfy
the judgment and all lawful fees.
2. The garnishee shall make a written
report to the court within 5 days from
service of the notice of garnishment
stating whether or not the judgment
obligor has sufficient funds or credits to
satisfy the amount of the judgment. If not,
the report shall state how much funds or
credits the garnishee holds for the
judgment obligor.
Note: Upon service of the writ of
garnishment, the garnishee becomes a
“virtual party” or “forced intervenor” to the
case and the trial court thereby acquires
jurisdiction to bind the garnishee to
comply with its orders and processes
[BPI v. Lee, G.R. No. 190144 (2012)]
3. The garnished amount in cash, or
certified bank check issued in the name
of the judgment obligee, shall be
delivered directly to the judgment
obligee within 10 working days from
service of notice on said garnishee
requiring such delivery, except the lawful
fees which shall be paid directly to the
court.
4. In the event there are two or more
garnishees holding deposits or credits
sufficient to satisfy the judgment, the
judgment obligor, if available, shall
have the right to indicate the garnishee
or garnishees who shall be required to
deliver the amount due; otherwise, the
choice shall be made by the judgment
obligee.
5. The executing sheriff shall observe the
same procedure under Sec. 9(a), Rule 39
with respect to delivery of payment to the
judgment obligee. [Sec. 9(c), Rule 39]
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EXECUTION OF JUDGMENTS FOR
SPECIFIC ACTS
Under Section 10, a party is directed to
execute conveyance of land or to deliver deeds
or other documents, or to perform any other
specific acts in connection therewith but which
acts can be performed by person other than
said party. [1 Regalado 486, 2010 Ed.]
FOR CONVEYANCE OF REAL OF LAND OR
PERSONAL PROPERTY
Conditions
1. If a judgment directs a party to
a. Execute a conveyance of land or
personal property, or
b. Deliver deeds or other documents, or
c. Perform any other specific act in
connection therewith, and
2. The party fails to comply within the time
specified [Sec. 10(a), Rule 39]
Procedure
1. The court may direct the act to be done
at the cost of the disobedient party by
some other person appointed by the
court and the act when so done shall
have like effect as if done by the party.
2. If real or personal property is situated
within the Philippines, the court may by
an order divest the title of any party
and vest it in others, which shall have
the force and effect of a conveyance
executed in due form of law. [Sec. 10(a),
Rule 39]
It is only when reconveyance is no longer
feasible (e.g. passed on to a buyer for value in
good faith, dissipated, etc.) that the judgment
obligor should pay the judgment obligee the fair
market value of the property. [Raymundo v.
Galen Realty and Mining Corp., G.R. No.
191594 (2013)]
FOR SALE OF REAL OR PERSONAL
PROPERTY
If the judgment be for the sale of real or personal
property, [an order for execution shall be issued]
to:
a. Sell such property, describing it, and
b. Apply the proceeds in conformity with the
judgment. [ Sec. 10(b), Rule 39]
FOR DELIVERY OR RESTITUTION OF REAL
PROPERTY
1. The officer shall demand of the person
against whom the judgment for the
delivery or restitution of real property is
rendered and all persons claiming rights
under him to peaceably vacate the
property within 3 working days, and
restore possession thereof to the
judgment obligee.
2. Otherwise, the officer shall oust all such
persons therefrom with the assistance, if
necessary, of appropriate peace officers,
and employing such means as may be
reasonably necessary to retake
possession, and place the judgment
obligee in possession of such property.
3. Any costs, damages, rents or profits
awarded by the judgment shall be
satisfied in the same manner as a
judgment for money. [Sec. 10(c), Rule
39]
REMOVAL OF IMPROVEMENTS ON
PROPERTY SUBJECT OF EXECUTION
When the property subject of the execution
contains improvements constructed or planted
by the judgment obligor or his agent, the officer
shall not destroy, demolish or remove said
improvements except:
1. Upon special order of the court, issued
upon motion of the judgment obligee
after due hearing and
2. After the former has failed to remove the
same within a reasonable time fixed by
the court. [Sec. 10(d), Rule 39]
DELIVERY OF PERSONAL PROPERTY
In judgments for the delivery of personal
property, the officer shall:
a. Take possession of the same, and
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b. Deliver it to the party entitled thereto and
satisfy any judgment for money as
therein provided. [Sec. 10(e), Rule 39]
EXECUTION OF SPECIAL JUDGMENTS
A special judgment under Section 12 requires
the performance of any act, other than the
payment of money or the sale or delivery or real
or personal property, which a party must
personally do because his personal
qualifications and circumstances have been
akin into consideration. [1 Regalado 486,
2010 Ed.]
When proper
A judgment requires performance of any other
act than those mentioned in Secs. 9 and 10
(payment of money or sale or delivery of
property). [Sec. 11, Rule 39]
Procedure
A certified copy of the judgment shall be
1. Attached to the writ of execution and
2. Served by the officer upon
a. The party against whom the same is
rendered, or
b. Any other person required thereby, or
by law, to obey the same, and
3. Such party or person may be punished
for contempt if he disobeys such
judgment [Sec. 11, Rule 39]
Examples:
a. A judgment in mandamus to reinstate
petitioner as chief clinic of the hospital
[Vital-Gozon v. CA, G.R. No. 101428
(1992)]
b. A judgment directing the defendant to
remove a fence from a certain place is a
special judgment [Marquez v. Marquez,
G.R. No. 47792 (1941)]
Effect of Levy on Third Person
The levy on execution shall create a lien in favor
of the judgment obligee over the right, title and
interest of the judgment obligor in such property
at the time of the levy, subject to liens and
encumbrances then existing. [Sec. 12, Rule 39]
Note: The power of the court in executing
judgments extends only over properties
unquestionably belonging to the judgment
debtor. [Corpuz v. Pascua, A.M. No. P-11-
2972 (2011)]
A duly registered levy on attachment or
execution is preferred over a prior unregistered
sale. Under the Torrens system, the auction
sale of property retroacts to the date the levy
was registered; now, under Secs. 51 and 2 of
P.D. 1529, the act of registration is the operative
act to convey or affect the land insofar as third
persons are concerned. [Du v. Stronghold
Insurance Co. Inc., G.R. No. 156580 (2004)
Properties Exempt from Execution
General rule: The following property, and no
other, shall be exempt from execution:
a. The judgment obligor’s family home as
provided by law, or the homestead in
which he resides, and land necessarily
used in connection therewith
b. Ordinary tools and implements
personally used by him in his trade,
employment, or livelihood
c. Three horses, or three cows, or three
carabaos, or other beasts of burden,
such as the judgment obligor may select
necessarily used by him in his ordinary
occupation
d. His necessary clothing and articles for
ordinary personal use, excluding
jewelry
e. Household furniture and utensils
necessary for house-keeping, and used
for that purpose by the judgment obligor
and his family, such as the judgment
obligor may select, of a value not
exceeding PHP 100,000
f. Provisions for individual or family use
sufficient for four months
g. The professional libraries and equipment
of judges, lawyers, physicians,
pharmacists, dentists, engineers,
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surveyors, clergymen, teachers, and
other professionals, not exceeding PHP
300,000 in value
h. One fishing boat and accessories not
exceeding the total value of PHP 100,000
owned by a fisherman and by the lawful
use of which he earns his livelihood
i. So much of the salaries, wages, or
earnings of the judgment obligor for his
personal services within the four months
preceding the levy as are necessary for
the support of his family
j. Lettered gravestones
k. Monies, benefits, privileges, or annuities
accruing or in any manner growing out of
any life insurance
l. The right to receive legal support, or
money or property obtained as such
support, or any pension or gratuity from
the Government
m. Properties specially exempted by law
[Sec. 13, Rule 39]
Examples of item (m) above
1. Property mortgaged to the DBP [Sec.
26, CA 458]
2. Savings of national prisoners
deposited with the postal savings
bank [Act. 2489]
3. Benefits from private retirement
systems of companies and
establishments with limitations [R.A.
4917]
4. Laborer’s wages except for debts
incurred for food, shelter, clothing and
medical attendance [Art. 1708, CC]
5. Benefit payments from SSS [Sec. 16,
R.A. 1161, as amended]
Exception: No article or species of property
mentioned in Sec. 13, Rule 39 (enumerated
above) shall be exempt from execution issued
upon a
a. Judgment recovered for its price or
b. Judgment of foreclosure of a mortgage
thereon [Sec. 13, Rule 39]
The exemptions must be claimed, otherwise
they are deemed waived. It is not the duty of the
sheriff to set off the exceptions on his own
initiative. [Herrera v. Mcmicking, G.R. No. L-
5329 (1909)]
Proceedings were property is CLAIMED BY
THIRD PERSONS; in relation to THIRD
PARTY CLAIM IN ATTACHMENT AND
REPLEVIN
Remedies of third-party claimant
a. Summary hearing before the court which
authorized the execution
b. “Terceria” or third-party claim filed with
the sheriff [Sec. 16, Rule 39]
c. Action for damages on the bond posted
by the judgment creditor
d. Independent Reinvindicatory action
Note: Such are cumulative remedies and may
be resorted to by a third-party claimant
independently of or separately from and without
need of availing of the others.
For a third-party claim to be sufficient
a. Must be filed by a person other than the
defendant or his agent, at any time
before sale
b. Must be under oath or supported by
affidavit stating the claimant’s title to, or
right of possession of, the property, and
grounds therefor
c. Must be served upon the officer making
levy and a copy thereof upon the
judgment creditor [Sec. 16, Rule 39]
On spouses
A spouse who was not a party to the suit but
whose conjugal property is being executed
because the other spouse is the judgment
obligor is not considered a stranger to the
suit and cannot file a separate action to
question the execution since they could have
easily questioned the execution in the main
case itself. [1 Regalado 501, 2010 Ed.]
The institution of a separate action was allowed
when the property was the exclusive or
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paraphernal property of a spouse who was not
a party to the case the judgment wherein was
sought to be executed. In such a situation, the
aggrieved spouse was deemed to be a stranger
to that main action. [Ching v. CA, G.R. No.
118830 (2003)]
Effect of third-party claim
The officer shall not be bound to keep the
property, unless such judgment obligee, on
demand of the officer, files a bond approved by
the court to indemnify the third-party claimant in
a sum not less than the value of the property
levied on. [Sec. 16, Rule 39]
SUMMARY HEARING BEFORE COURT
AUTHORIZING EXECUTION
A third-person whose property was seized by a
sheriff to answer for an obligation of a judgment
debtor may invoke the supervisory power of the
court which authorized such execution. [Sy v.
Discaya, G.R. No. 86301 (1990)]
Procedure
a. Claimant files application
b. Court conducts summary hearing, and
c. The court may:
1. Command that the property be
released from the mistaken levy and
restored to rightful owner or
possessor, or
2. If the claimant's proofs do not
persuade, the claim will be denied by
the court.
The court determination is limited only to a
determination of whether the sheriff has
acted rightly or wrongly in performance of
his duties. The court does not and cannot pass
upon the question of title. [Sy v. Discaya, G.R.
No. 86301
(1990)]
TERCERIA
When to file
Any time, as long as:
a. Sheriff has the possession of the
property levied upon, or
b. Before the property shall have been sold
under execution.
Procedure
Claimant serves on the officer making levy an
affidavit of his title and a copy thereof to
judgment creditor. [Sec. 16, Rule 39]
Bond
To enforce a claim for damages against the
bond, the action must be filed within 120 days
from the filing of the bond.
The officer shall not be liable for damages for
the taking or keeping of the property, to any
third-party claimant if such bond is filed.
When bond not required
When the writ of execution is issued in favor of
the Republic of the Philippines, or any officer
duly representing it, the filing of such bond shall
not be required.
REIVINDICATORY ACTION
Nothing contained in Sec. 16, Rule 39 shall
prevent such claimant or any third person from
vindicating his claim to the property in a
separate action, or prevent the judgment
obligee from claiming damages in the same or a
separate action against a third-party claimant
who filed a frivolous or plainly spurious claim.
[Sec. 16, Rule 39]
Note: No need to file a claim in the court which
issued a writ. The latter is not a condition sine
qua non for the former.
IN RE: THIRD PARTY CLAIMS IN
ATTACHMENT AND REPLEVIN
If the claim is filed under Sec. 16, Rule 39, it
must be filed in a separate action instituted for
the purpose. Intervention is no longer allowed
since judgment has already been rendered. [1
Regalado 500-501, 2010 Ed.]
If it is filed under Sec. 14, Rule 57 (Attachment)
or under Sec. 7, Rule 60 (Replevin), the claim
may be litigated in the same action involved or
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in a separate suit. Intervention is allowed. [1 assignment necessary to establish

Regalado 501, 2010 his claim; and
Ed.] 2. An affidavit executed by him or his
agent, showing the amount then
The reason for the difference is that the actually due on the lien. [Sec. 30,
judgment in the case subject of Sec. 16, Rule Rule 39]
39 is already final and executory, while Rules
57 and 60 involve actions still pending in the When redemption can be made
trial court. [1 Regalado 501, 2010 Ed.] Who When
By the judgment Within 1 year from the
RULES ON REDEMPTION obligor date of registration of
the certificate of sale
When available By first Within 1 year from the
• Only for real property, redemptioner date of registration of
• nothing in the ROC provides for redemption the certificate of sale
of personal property. By all subsequent Within 60 days from
redemptioners last redemption
Who may redeem Note: There is no extension or interruption of
a. Judgment obligor, or his successor in redemption period. [Sec. 28, Rule 39]
interest in the whole or any part of the
property If redemption is made by the judgment
b. A creditor (redemptioner) having a lien by obligor
virtue of an attachment, judgment or a. No further redemption is allowed, and
mortgage on the property sold, or on b. He is restored to his estate. [Sec. 29,
some part thereof, subsequent to the lien Rule 39]
under which the property was sold. [Sec. Note: When a judgment debtor redeems the
27, Rule 39] property, what is effected is the elimination of
NOTE: If the lien of the creditor is prior to the the lien created by the levy on attachment or
judgment under which the property was sold: judgment on the registration of mortgage
a. He is not a redemptioner; thereon. Note that he never lost ownership so
b. He cannot redeem since his interests in there is no recovery of ownership. [1 Regalado
his lien are fully protected. Any purchaser 513, 2010 Ed.]
at a public auction takes the same
subject to such prior lien which he has to Duties upon redemption
satisfy. [1 Regalado 512, 2010 Ed.] The person to whom the redemption payment is
made must execute and deliver to him a
Proof required of redemptioner certificate of redemption.
a. A copy of the judgment or final order a. Acknowledged before a notary public or
under which he claims the right to other officer authorized to take
redeem, certified by the clerk of the court acknowledgments of conveyances of
wherein the judgment or final order is real property.
entered; or, b. Filed and recorded in the registry of
b. If he redeems upon a mortgage or other deeds of the place in which the property
lien, is situated, and
1. A memorandum of the record thereof, c. The registrar of deeds must note the
certified by the registrar of deeds; or record thereof on the margin of the
an original or certified copy of any
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record of the certificate of sale. [Sec. 29, Who is in Bank or the Bank or the
Rule 39] possession purchaser; purchaser; if the
mortgagor wants
RIGHTS PENDING REDEMPTION to continue
Right of judgment obligee possession, he
Apply for injunction to restrain the commission needs to post a
of waste on the property. [Sec. 31, Rule 39] bond
Who is entitled to
Note: profits and rents
During the redemption period, Judgment
obligor: Expiration of period to redeem
1. in possession of the property a. If no redemption be made within 1 year
2. entitled to rent and profits from the date of the registration of the
3. however, he cannot change the nature of certificate of sale, the purchaser is
the property that will amount to the waste entitled to a conveyance and
of the property possession of the property; or,
b. If so redeemed whenever 60 days have
Atty Tranquil compared it with Mortgage – elapsed and no other redemption has
Judicial and Extra Judicial Foreclosure: been made, and notice thereof given,
Execution Judicial Extra and the time for redemption has expired,
Foreclosure Judicial the last redemptioner is entitled to the
(not banks) Foreclosure conveyance and possession.
(not banks)
Period of 1 year not less than 1 year General Rule: Under the expiration of the right
redemption 90 days nor of redemption, the purchaser or redemptioner
more than shall be substituted to and acquire all the rights,
120 days; title, interest and claim of the judgment obligor
unless to the property as of the time of the levy-
otherwise possession of the property shall be given to the
provided by purchaser or last redemptioner by the same
law officer
Who is in Judgment Mortgagor Mortgagor Exception: A third party is actually holding the
possession obligor property adversely to the judgment obligor.
Who is Judgment Mortgagor Mortgagor [Sec. 33, Rule 39]
entitled to obligor
profits and Two documents which the sheriff executes
rents in case of real property
a. Certificate of sale
Extrajudicial Judicial/EJ
b. Deed of conveyance
Foreclosure Foreclosure
Lender: banks Lender: banks Note: Hence, the certificate of sale of real
Borrower: Judicial Borrower: Individual property does not confer any right to the
Entity possession or ownership, of the real property
Period of 90 days or the 1 year purchased. It is the deed of sale executed by
redemption registration of the sheriff at the expiration of the period of
the cert sale redemption which entitles the purchaser to
whichever is possession of the property sold. [1 Regalado
earlier 508, 2010 Ed.]

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Recovery of purchase price if sale not
effective
a. If the purchaser of real property sold on
execution, or his successor in interest,
• Fails to recover the possession
thereof, or
• Is evicted therefrom, in
consequence of irregularities in
the proceedings concerning the
sale, or
b. Because the judgment has been
reserved or set aside, or
c. Because the property sold was exempt
from execution, or
d. Because a third person has vindicated
his claim, to the property,
The purchaser may, on motion in the same
action or in a separate action,
a. Recover from the judgment obligee the
price paid, with interest, or so much
thereof as has not been delivered to the
judgment obligor; or
b. Have the original judgment revived in his
name for the whole price with interest, or
so much thereof as has been delivered to
the judgment obligor.
Note: The judgment so revived shall have the
same force and effect as an original judgment
would have as of the date of the revival and no
more.
Note: A purchaser’s right of possession is
recognized only as against the judgment debtor
and his successor-in-interest. It is not so against
persons whose right of possession is adverse.
When a third party is in possession of the
property purchased, the possession is
presumed to be based on just title – a
presumption which may be overcome by the
purchaser in a judicial proceeding for recovery
of the property. [Villanueva v. Cherdan Lending
Investors Corp., G.R. No. 17788 (2010)]
EXAMINATION OF JUDGMENT OBLIGOR
WHEN JUDGMENT IS UNSATISFIED
When applicable
When the return of the writ issued against
property of a judgment obligor shows that
judgment remains unsatisfied. [Sec. 36, Rule
39]
Procedure
The judgment obligee, at any time after such
return is made, shall be entitled to an order
from the court which rendered the said
judgment
a. Requiring such judgment obligor to
appear and be examined concerning his
property and income before such court or
before a commissioner appointed by it, at
a specified time and place; and
b. Proceedings may thereupon be had for
the application of the property and
income of the judgment obligor towards
the satisfactions of the judgment.
When judgment obligor not required to
appear/ be examined
a. When he is required to appear before a
court or commissioner outside the
province or city in which such obligor
resides or is found. [Sec. 36, Rule 39]
b. After the lapse of the five years within
which a judgment may be enforced by
motion. [Umali v. Coquia, G.R. No. L-
46303 (1988)]
Order for payment in fixed monthly
installments
If upon investigation of his current income and
expenses, it appears that the earnings of the
judgment obligor for his personal services are
more than necessary for the support of his
family, the court may order that:
a. He pay the judgment in fixed monthly
installments, and
b. Upon his failure to pay any such
installment when due without good
excuse, may punish him for indirect
contempt. [Sec. 40, Rule 39]
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EXAMINATION OF OBLIGOR OF JUDGMENT
OBLIGOR
When applicable
a. When the return of a writ of execution
against the property of a judgment
obligor shows that the judgment remains
unsatisfied, in whole or in part, and
b. Upon proof that a person, corporation, or
other juridical entity has property of such
judgment obligor or is indebted to him.
[Sec. 37, Rule 39]
Procedure
The court may, by an order
a. Require such person, corporation, or
other juridical entity, or any officer or
member thereof, to appear before the
court or a commissioner appointed by it,
at a time and place within the province or
city where such debtor resides or is
found, and
b. Be examined concerning the same.
Effect of order
The service of the order shall
a. Bind all credits due the judgment obligor
and all money and property of the
judgment obligor in the possession or in
the control of such person, corporation,
or juridical entity from the time of service,
and
b. The court may also require notice of such
proceedings to be given to any party to
the action in such manner as it may deem
proper. [Sec. 37, Rule 39]
Note: This is not applicable if there is no issue
concerning the indebtedness of the bank and
there is no denial by the depositor of the
existence of the deposit with the bank which is
considered a credit in favor of the depositor
against the bank. [PCIB v. CA, G.R. No. 84526
(1991)]
When alleged obligor denies debt or claims
property
The court may
a. Authorize the judgment obligee to
institute an action against such person or
corporation for the recovery of such
interest or debt
b. Forbid a transfer or other disposition of
such interest or debt within 120 days
from notice of the order, and
c. May punish disobedience of such order
as for contempt. [Sec. 43, Rule 39]
Impropriety of an action for damages as a
remedy
Where the writ of execution is unsatisfied, the
remedy to enforce it is Secs. 38-39, and not a
complaint for damages. [Phil. Transmarine
Carriers v. CA, G.R. No. 122346 (2000)]
OTHER REMEDIES
Order for application of property or income
The court may order any property of the
judgment obligor, or money due him, not exempt
from execution, in the hands of either himself or
another person, or of a corporation or other
juridical entity, to be applied to the satisfaction
of the judgment, subject to any prior rights over
such property. [Sec. 40, Rule 39]
Appointment of receiver
The court may appoint a receiver of the property
of the judgment obligor; and it may also forbid a
transfer or other disposition of, or any
interference with, the property of the judgment
obligor not exempt from execution. [Sec. 41,
Rule 39]
EFFECT OF JUDGMENT OR FINAL ORDERS
Immutability of judgments
A judgment that has acquired finality
becomes immutable and unalterable, and
may no longer be modified in any respect, even
if the modification is meant to correct erroneous
conclusions of fact and law, and whether it be
made by the court that rendered it or by the
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Highest Court of the land. [PNB v. Spouses
Maranon, G.R. No. 189316 (2013)]
Rationale
a. To avoid delay in the administration of
justice, and procedurally to make orderly
the discharge of judicial business, and
b. To put an end to judicial controversies at
the risk of occasional errors. [PCI
Leasing and Finance, Inc. v. Milan, G.R.
No. 151215 (2010)]
court in which a judgment or decree is rendered
on the merits is conclusively settled by the
judgment therein and cannot again be litigated
between the parties and their privies whether or
not the claim or demand, purpose or subject
matter of the two suits is the same. [Machoca v.
Cariaga, G.R. No. 75109-10
(1989)]
ENFORCEMENT AND EFFECT OF FOREIGN
JUDGMENTS OR FINAL ORDERS

RES JUDICAT A A valid judgment rendered by a foreign

Bar by former Conclusiveness of tribunal may be recognized insofar as the
judgment judgment immediate parties the underlying cause of
“Estoppel by Rule of Auter action are concerned so long as it is
Verdict” Action convincingly shown that:
Pendant a. There has been an opportunity for a fair
Requires identity of There is only identity hearing before a court of competent
parties, subject of parties and subject jurisdiction,
matter, and causes matter b. Trial upon registered proceedings has
of action Causes of action are been conducted, and
different c. There is nothing to indicate either a
Absolute Bar to: Conclusive as to prejudice in court and in the system of
(a) all matters matters directly laws under which it is sitting or fraud in
directly adjudged; adjudged and procuring the judgment. [Philippine
and actually litigated Aluminum v. Fasgi Enterprises G.R. No.
(b) those that might 137378 (2000)]
have been adjudged
Claim Preclusion Issue Preclusion Purpose
The rule of res judicata applies to final a. To avoid repetitive litigation on claims
decisions of quasi-judicial agencies and to and issues,
judgments rendered in probate proceedings. b. Prevent harassment of the parties, and
c. Avoid undue imposition on the courts. [1
BAR BY FORMER JUDGMENT Regalado 536, 2010 Ed.]
The judgment or decree of a court of competent
jurisdiction on the merits concludes the parties Basis
and their privies to the litigation and constitutes This policy of preclusion rests on principles of
a bar to a new action or suit involving the same comity, utility and convenience of nations. As a
cause of action either before the same or any generally accepted principle of international law,
other tribunal. [Machoca v. Cariaga, G.R. No. it is part of the law of the Philippines by virtue of
75109-10 (1989)] the Incorporation Clause.

CONCLUSIVENESS OF JUDGMENT Nature

Any right, fact or matter in issue directly The civil action for enforcement of a foreign
adjudicated or necessarily involved in the judgment is one incapable of pecuniary
determination of an action before a competent estimation.
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Effect of foreign judgments [Sec. 48, Rule

39]
Nature Effect
In judgments Judgment is
against a specific conclusive upon the
thing (in rem) title to the thing
In judgments Judgment is
against a person (in presumptive
personam) evidence of a right as
between parties and
their successors-in-
interest by a
subsequent title
In both cases, judgment may be repelled by
evidence of
a. Want of jurisdiction,
b. Want of notice,
c. Collusion,
d. Fraud, or
e. Clear mistake of law or fact. [Sec. 48,
Rule 39]

Before our courts can give the effect of res

judicata to a foreign judgment, it must be
shown that the parties opposed to the judgment
had been given ample opportunity to do so on
grounds under Section 48 of Rule 39 of the
ROC. [Roehr v. Rodriguez, G.R. No. 142480
(2003)]

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