I.

GENERAL PRINCIPLES

A. DISTINGUISH: SUBSTANTIVE AND REMEDIAL LAW

Substantive Law Remedial Law

It is that part of the law which creates, defines and It prescribes the method of enforcing rights or
regulates rights, or which regulates the rights and obtaining redress for their invasions. (People v. Moner)
duties which give rise to a cause of action. (People v.
Moner)

It makes vested rights possible.
If the rule takes away a vested right, it is not
procedural. If the rule creates a right such as the right
to appeal, it may be classified as a substantive matter.
(Fabian v. Desierto)
No vested rights may attach to nor arise therefrom. (Go
v. Sunbanun)
If it operates as a means of implementing an existing
right then the rule deals merely with procedure.
(Fabian v. Desierto)

It is prospective in application. (Sps. Tirona v. Alejo) It is retroactive in application; applicable to actions

pending and undetermined at the time of their passage.
As a general rule, the retroactive application of
procedural laws cannot be considered violative of any
personal rights because no vested right may attach to
nor arise therefrom. (Jose v. Javellana citing De Los
Santos v. Vda de Mangubat)

It originates from the legislature.
It is not embraced by the rule-making power of the
Supreme Court. (Primicias v. Ocampo)
It is promulgated by the Supreme Court. (Art. 8, Sec
5(5), 1987 Constitution)
It has the force and effect of law; and rules of court
prescribing the time within which certain acts must be
done, or certain proceedings taken, are considered
absolutely indispensable to the prevention, of needless
delays and to the orderly and speedy discharge of
judicial business. (Alvero v. De La Rosa)

Concept of Remedial Law

They are adjective laws which prescribe rules and forms of procedure of enforcing rights or obtaining redress for their
invasion. They refer to rules of procedure by which courts applying laws of all kinds can properly administer justice.
They include rules of pleadings, practice and evidence (Tan, Jr. v. CA). (2006 Bar)

It plays a vital role in the administration of justice. It lies at the very core of procedural due process, which means a law
which hears before it condemns, one which proceeds upon inquiry and renders judgment only after trial, and
contemplates an opportunity to be heard before judgment is rendered (Albert v. University Publishing)

Nature of Remedial Law

Rules of Court, promulgated by authority of law, have the force and effect of law; and Rules of Court prescribing the
time within which certain acts must be done, or certain proceedings taken, are considered absolutely indispensable to
the prevention of needless delays and to the orderly and speedy discharge of judicial business. Strict compliance with
the rules has been held mandatory and imperative. (Fredesvindo S. Alvero v. M.L. De La Rosa et. al.)

B. RULE-MAKING POWER OF THE SUPREME COURT

The Supreme Court has the constitutional power to promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated
Bar, and legal assistance to the underprivileged.
(Art. 8, Sec. 5, Par. 5, 1987 Constitution)

Limitations of the Rule-Making power of the Supreme Court:

1. The Rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases;
2. The Rules shall be uniform for courts of the same grade; and
3. The Rules shall not:
a) Diminish;
b) Increase; or
c) Modify substantive rights
(Art. 8, Sec. 5, Par. 5, 1987 Constitution)

Power of the Supreme Court to Amend and Suspend Procedural Rules:

● Power to Amend:
When compelling reasons to warrant or when the purpose of justice requires it. (CIR v. Migrant Pagbilao Corp.)

● Power to Suspend:
a) The existence of special or compelling circumstances;
b) Merits of the case;
c) Cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules;
d) A lack of any showing that the review sought is merely frivolous and dilatory;
e) Where the other party will not be unjustly prejudiced thereby.
(Sarmiento v. Zaratan)

● Power to stay proceedings and control its processes:

The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the
cases on its dockets, considering its time and effort, and that of counsel and the litigants. But if proceedings must be
stayed, it must be done in order to avoid multiplicity of suits and prevent vexatious litigations, conflicting
judgments, and confusion between litigants and courts (Security Bank Corp. v. Judge Manuel Victorio).

C. NATURE OF PHILIPPINE COURTS

Meaning of a Court:
A Court is an organ of the government, belonging to the judicial department, whose function is the application of laws
to controversies brought before it and the public administration of justice (Black’s Law Dictionary, 8thed.).

Functions of Court:
1. Decide actual controversies and not to give opinions upon abstract propositions (Guarduno v. Diaz);
2. Apply the law;
 3. Interpret the law.

NOTE: It does not formulate public policy, which is the province of the legislative and executive branches of
government (Electromat Manufacturing and Recording Corporation v. Hon. Ciriaco Lagunzad, G.R. No. 172699, July
27, 2011, citing Pagpalain Haulers, Inc. v. Honorable Trajano, et al., G.R. No. 133215, July 15, 1999).

Court as Distinguished from a Judge:

Court Judge

It is a tribunal officially assembled under authority of Simply an officer of such tribunal (Wagenhorst v.
law. Philadelphia Life Insurance Co., 358 Pa. 55, cited by
Black’s 5th ed.).

Disqualification of a judge does not affect the court. May be disqualified.

It is a being in imagination comparable to a Physical person (People ex rel. Herndon v. Opekl,

corporation. 188 III 194, 58 NE 1996, cited by Blacks 5th ed.).

Classification of Philippine Courts

Regular courts:
1. Supreme Court;
2. Court of Appeals;
3. Regional Trial Courts;
4. Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial
Courts;
NOTE:
As to Level:
a) First Level - Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts,
Municipal Circuit Trial Courts;
b) Second Level – Regional Trial Courts;
c) Third Level – Court of Appeals, Court of Tax Appeals, Sandiganbayan;
d) Fourth Level – Supreme Court

Special courts:
1. Sandiganbayan;
2. Court of Tax Appeals;
3. Shari’a District Courts, Shari’a Circuit Courts;

Quasi-Courts or Quasi-Judicial Agencies

Distinguish: Courts of Original and Appellate Jurisdiction

 Courts of Original Jurisdiction
Courts exercising jurisdiction in the first instance
Distinguish: Courts of General and Special Jurisdiction
Courts of General Jurisdiction
Those with competence to decide on their own
jurisdiction and to take cognizance of all cases, civil
and criminal, of a particular nature.
Distinguish: Constitutional and Statutory Courts
Constitutional Court
Created by the Constitution.
e.g. Supreme Court
Cannot be abolished by Congress without amending
the Constitution.
Distinguish: Courts of Law and Equity
Courts of Law
Any tribunal duly administering the laws of the land.
Courts of Appellate Jurisdiction
Superior courts reviewing and deciding cases
previously decided by a lower court
Courts of Special Jurisdiction
Those which have only a special jurisdiction for a
particular purpose or are clothed with special powers
for the performance of specified duties beyond which
they have no authority of any kind.
Statutory Court
Created by law other than the Constitution.
e.g. Court of Appeals, Sandiganbayan, Court of Tax
Appeals, Regional Trial Courts, Municipal Trial
Courts, Metropolitan Trial Courts, Municipal Circuit
Trial Courts, Municipal Trial Courts in Cities.
May be abolished by Congress by just simply
repealing the law which created those courts.
Courts of Equity
Any tribunal administering justice outside the law,
being ethical rather than jural and belonging to the
sphere of morals rather than of law. It is grounded on
the precepts of conscience and not on any sanction of
positive law, for equity finds no room for application
 where there is law.

Decides a case according to the promulgated law . Adjudicates a controversy according to the common
precepts of what is right and just without inquiring
into the terms of the statutes

Courts of Record
These are courts whose proceedings are enrolled and which are bound to keep written records of all trials and
proceedings handled by them (Luzano v. Romero). RA 6031 mandates all MTCs to be courts of record.

Principle of Judicial Hierarchy

The principle provides that lower courts shall initially decide a case before it is considered by a higher court. A higher
court will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate courts
(Santiago v. Vasquez).

The rule on hierarchy of courts determines the venue of appeals. Such rule is necessary to prevent inordinate demands
upon the Court's precious time and attention which are better devoted to matters within its exclusive jurisdiction, and
to prevent further overcrowding of the Court's docket. (Audi Ang v. Hon. Jules A. Mejia)

NOTE: The rationale is two-fold:

● It would be an imposition upon the limited time of the Supreme Court;
● Inevitably results in delay, intended or otherwise, in adjudication of cases, which in some instances,
had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or
as better equipped to resolve the issues because the Supreme Court is not a trier of facts (Heirs of
Bertuldo Hinog v. Hon. Achilles Melicor).

The Supreme Court is a court of last resort and must so remain if it is to satisfactorily perform the duty
assigned to it.

The Principle of Judicial Hierarchy is NOT Absolute (Exceptions)

In several cases, the court has allowed direct invocation of the SC’s original jurisdiction on the following
grounds:

1. Special and important reasons clearly stated in the petition;

2. When dictated by public welfare and the advancement of public policy;
3. When demanded by the broader interest of justice;
4. When the challenged orders were patent nullities; or
5. When analogous, exceptional and compelling circumstances called for and justified the immediate and direct
handling of the case (Republic of the Philippines v. Hon. Ramon S. Caguioa, et al., G.R. No. 174385, February
20, 2013).

NOTE: The SC may disregard the principle of hierarchy of courts if warranted by the nature and importance of
the issues raised in the interest of speedy justice and to avoid future litigations (Riano, 2011).
 The doctrine of hierarchy of courts is not an iron- clad dictum. Endowed with a broad perspective that spans the
legal interest of virtually the entire government officialdom, the OSG may transcend the parochial concerns of a
particular client agency and instead, promote and protect the public wealth. (Commission On Elections V. Judge
Ma. Luisa Quijano-Padilla).

Doctrine of Non-Interference or Doctrine of Judicial Stability

General Rule:
No court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having
the power to grant the relief sought by the injunction (Atty. Cabili v. Judge Balindog).

Exception:
The doctrine does not apply where a third party claimant is involved.

When a third-party, or a stranger to the action, asserts a claim over the property levied upon, the claimant may
vindicate his claim by an independent action in the proper civil court which may stop the execution of the judgment
on property not belonging to the judgment debtor. (Santos v. Bayhon).

NOTE: The rationale for the rule is founded on the concept of jurisdiction: a court that acquires jurisdiction over the
case and renders judgment therein has jurisdiction over its judgment, to the exclusion of all other coordinate courts,
for its execution and over all its incidents, and to control, in furtherance of justice, the conduct of ministerial officers
acting in connection with this judgment (De Leon v. Hon. Salvador).
Settled is the rule that where the law provides for an appeal from the decisions of administrative bodies to the
Supreme Court or the Court of Appeals, it means that such bodies are co-equal with the Regional Trial Courts in
terms of rank and stature, and logically, beyond the control of the latter. (Philippine Sinter Corporation v. Cagayan
Electric Power And Light Co. Inc).

II. JURISDICTION

The power and authority of a court to try, hear, and decide a case and the power to enforce its determination.
(Cuenca v. PCGG)

A. CLASSIFICATION OF JURISDICTION

As to Nature:

● Original Jurisdiction – exercised by courts which under the law have the power to take judicial cognizance
of a case instituted for judicial action for the first time under the conditions set by law. In other words, it is
where a case is commenced.

● Appellate Jurisdiction – exercised by the courts which have the power to review on appeal the decisions or
orders of a lower court.

As to Cases Tried:
 ● General Jurisdiction – exercised by the courts with competence to decide on their own jurisdiction and to
take cognizance of all cases except those expressly withheld from them either by the Rules or by Law. A
court may also be considered general if it has the competence to exercise jurisdiction over cases not falling
within the jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions.

● Special (Limited) Jurisdiction – exercised by courts whose jurisdiction extends only to particular or
specified cases. (e.g., Family Courts, Courts of Tax Appeals) Those which have a special jurisdiction only
for a particular purpose or are clothed with special powers for the performance of specified duties beyond
which they have no authority of any kind.

A. DOCTRINE OF HIERARCHY OF COURTS AND CONTINUITY OF

JURISDICTION

Hierarchy of Courts
Pursuant to this principle, a case must be filed first before the lowest court possible having the appropriate
jurisdiction, except of one can advance a special reason which would allow the part a direct resort to a higher court.

This is an ordained sequence of recourse to courts vested with concurrent jurisdiction beginning from the lowest, on
to the next highest, and ultimately to the highest. This hierarchy is determinative of the venue of appeals, and is
likewise determinative of the proper forum for petitions for extraordinary writs. (Montes v. CA)

Exceptions:
The Supreme Court may disregard hierarchy of courts if warranted by the following reasons:
1. Where special and important reasons are present,
2. When dictated by public welfare and policy,
3. When demanded by interest of justice,
4. Where the challenged orders are patent nullities,
5. Where compelling circumstances warrant, and
6. Where genuine issues of constitutionality must be immediately addressed. [1 Riano 44-45, 2016 Bantam Ed]

Doctrine of Adherence of Jurisdiction (Continuity of Jurisdiction)

General Rule:
Jurisdiction, once attached, cannot be ousted by subsequent happenings or events although of a character which
would have prevented jurisdiction from attaching in the first instance, and the court retains jurisdiction until it
finally disposes of the case.

Exceptions:
1. Where a subsequent statute expressly prohibits the continued exercise of jurisdiction;
2. Where the law penalizing an act which is punishable is repealed by a subsequent law;
3. When accused is deprived of his constitutional right such as where the court fails to provide counsel for the
accused who is unable to obtain one and does not intelligently waive his constitutional right;
4. Where the statute expressly provides, or is construed to the effect that it is intended to operate as to actions
pending before its enactment;
 5. When the proceedings in the court acquiring jurisdiction is terminated, abandoned or declared void;
6. Once appeal has been perfected; and
7. Curative statutes (Herrera, 2007).

The rule of adherence of jurisdiction until a cause is finally resolved or adjudicated does not apply when the change
in jurisdiction is curative in character. (Gabriel Abad Et. Al. v. RTC)

B. JURISDICTION OF PHILIPPINE COURTS

SUPREME COURT

General Rule: The SC is not a trier of facts.

Exception: The SC can look into the facts of a case:

1. When the conclusion is a finding grounded entirely on speculation, surmises and conjectures;
2. When the inference made is manifestly mistaken, absurd or impossible;
3. Where there is a grave abuse of discretion;
4. When the judgment is based on a misapprehension of facts;
5. When the findings of fact are conflicting;
6. When the Court of Appeals, in making its findings, went beyond the issues of the case and the same is contrary
to the admissions of both appellant and appellee;
7. When the findings are contrary to those of the trial court;
8. When the findings of fact are conclusions without citation of specific evidence on which they are based;
9. When the facts set forth in the petition as well as in the petitioners' main and reply briefs are not disputed by the
respondents; and
10. When the findings of fact of the Court of Appeals are premised on the supposed absence of evidence and
contradicted by the evidence on record. [Aklan v. Enero, G.R. No. 178309, January 27, 2009]

Exclusive Original Jurisdiction

Petitions for certiorari, prohibition, and mandamus against appellate courts:

a) Court of Appeals, [Sec. 17, R.A. 296]
b) Commission on Elections, [Sec 7, Art. IX, Constitution]
c) Commission on Audit, [Sec. 7, Art. IX, Constitution]
d) Sandiganbayan, and [P.D. 1606 as amended]
e) Court of Tax Appeals (not en banc). [1 Riano 92, 2016 Bantam Ed.] (if en banc, SC in appellate jurisdiction)

Concurrent Original Jurisdiction

1. With CA:

a) Petitions for certiorari, prohibition, and mandamus against first-level courts and bodies, namely:
i. RTCs [Sec. 21(1), B.P. 129]
ii. Civil Service Commission [R.A. 7902]
iii. Central Board of Assessment Appeals [P.D. 464; B.P. 129; R.A. 7902]
 iv. NLRC and [St. Martin Funeral Homes v. NLRC, G.R. No. 130866 (1998); R.A. 7902]
v. Other Quasi-Judicial Agencies. [B.P. 129; R.A. 7902; Heirs of Hinog v. Melicor, G.R. No. 140954
(2005) [1 Riano 106-107, 2014 Bantam Ed.]

b) Quo Warranto petitions,

c) Writ of Habeas Corpus,
d) Writ of Amparo,
e) Writ of Habeas Data, and
f) Writ of KaIikasan. (Sec. 3, Rule 7, Part 3, Rules of Procedure for Environmental Cases)

2. With RTC:

a) Cases affecting ambassadors, public ministers, and consuls [Sec. 21(2), B.P. 129]
b) Petitions for certiorari, prohibition, and mandamus against lower courts [ 1Riano 93, 2016 Bantam Ed.]
c) Quo Warranto petitions,
d) Writ of Habeas Corpus,
e) Writ of Amparo, and
f) Writ of Habeas Data.

3. With Sandiganbayan:
a) Writ of Amparo, and
b) Writ of Habeas Data.

Appellate Jurisdiction

SC has appellate jurisdiction over petitions for review on certiorari (appeal by certiorari under Rule 45) against the
a) CA,
b) Sandiganbayan,
c) RTC with respect to:
1. Pure questions of law [Sec. 1, Rule 45] and

2. Cases falling under Sec. 5, Art. VIII, Constitution

(i) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is
in question.
(ii) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(iii) All cases in which the jurisdiction of any lower court is in issue, (iv) All criminal cases in which the
penalty imposed is reclusion perpetua or higher, and

(iv) All cases in which only an error or question of law is involved, and [Sec. 5(2), Art. VIII,
Constitution]
d) CTA in its decisions rendered en banc [1 Riano 107, 2014 Bantam Ed.]
 e) MTC in the exercise of their delegated jurisdiction, where the decision, had it been rendered by RTC, would
be appealable directly to the SC. [Sec. 34, B.P. 129, as amended] Such is the case because the MTC, when
acting under delegated jurisdiction, is deemed to be acting as an RTC. [1 Riano 106, 2016 Bantam Ed.]

Q (2014): Which of the following decisions may be appealed directly to the Supreme Court (SC)?
(Assume that the issues to be raised on appeal involve purely questions of law) (1%)

(A) Decision of the Regional Trial Court (RTC) rendered in the exercise of its appellate jurisdiction
(B) Decision of the RTC rendered in the exercise of its original jurisdiction
(C) Decision of the Civil Service Commission
(D) Decision of the Office of the President

SUGGESTED ANSWER:

(B) Decision of the RTC rendered in the exercise of its original jurisdiction.

COURT OF APPEALS

Exclusive Original Jurisdiction

Actions for annulment of judgments of the RTC [see: Sec. 9(2), B.P. 129; Sec. 1, Rule 47]

Concurrent Original Jurisdiction

1. With SC
a) Petitions for certiorari, prohibition, and mandamus against first-level courts and bodies, namely:
i) RTCs [Sec. 21(1), B.P. 129]
ii) Civil Service Commission [R.A.7902]
iii) Central Board of Assessment Appeals [P.D. 464; B.P. 129; R.A. 7902]
iv) NLRC and [St. Martin Funeral Homes v. NLRC, G.R. No. 130866;R.A. 7902]
v) Other Quasi-Judicial Agencies. [B.P. 129; R.A. 7902; Heirs of Hinog v. Melicor, G.R. No. 140954
(2005) [1 Riano 106-107, 2014 Bantam Ed.]
b) Quo Warranto petitions,
c) Writ of Habeas Corpus,
d) Writ of Amparo,
e) Writ of Habeas Data, and [1 Riano 93-94, 2016 Bantam Ed.]
f) Writ of KaIikasan. [Sec. 3, Rule 7, Part 3, Rules of Procedure for Environmental Cases]

2. With RTC
a) Petitions for certiorari, prohibition and mandamus against lower courts and bodies
b) Quo warranto petitions, and s
c) Writ of Habeas Corpus [1 Riano 96, 2016 Bantam Ed.]
d) Writ of Amparo, and [Sec. 3, Rule on the Writ of Amparo]
e) Writ of Habeas Data [Sec. 3, Rule on the Writ of Habeas Data]
3. With Sandiganbayan
a) Writ of Amparo, and
b) Writ of Habeas Data

Appellate Jurisdiction

1. By Ordinary Appeal
a) From judgments of RTC and Family Courts, [Sec. 9(3), B.P. 129, as amended; Sec. 14, R.A. 8369]
b) Over decisions of the MTCs in cadastral or land registration cases pursuant to its delegated jurisdiction.
[Sec. 34, B.P. 129, as amended by R.A. 7691]

2. By Petition for Review

a) From judgments of the RTC rendered in its appellate jurisdiction, and [Sec. 22, B.P. 129, as amended;
Rule 42; Sec. 9, B.P. 129]
b) From decisions, resolutions, orders or awards of the Civil Service Commission and other quasi-judicial
bodies mentioned in Rule 43. [Sec. 9(3), B.P. 129]

Note: The enumeration of quasi-judicial agencies under Sec. 1, Rule 43 is not exclusive [Wong v. Wong, G.R.
No. 180364 (2014), quoting Cayao-Lasam v. Sps. Ramolete, G.R. No. 159132 (2008)]

3. From Decisions of the Office of the Ombudsman in Administrative Disciplinary Cases

[1 Riano 96-97, 2016 Bantam Ed.]

Q(2013): In an original action for certiorari, prohibition, mandamus, or quo warranto, when does the Court of
Appeals acquire jurisdiction over the person of the respondent? (1%)

(A) Upon the service on the respondent of the petition for certiorari, prohibition, mandamus, or quo warranto,
and his voluntary submission to the jurisdiction of the Court of Appeals.
(B) Upon service on the respondent of the summons from the Court of Appeals.
(C) Upon the service on the respondent of the order or resolution of the Court of Appeals indicating its initial
action on the petition.
(D) By respondent’s voluntary submission to the jurisdiction of the Court of Appeals.
(E) Under any of the above modes.
SUGGESTED ANSWER:

(C) Upon the service on the respondent of the order or resolution of the Court of Appeals indicating its initial
action on the petition

Q (2013): The Labor Arbiter, ruling on a purely legal question, ordered a worker’s reinstatement and this
ruling was affirmed on appeal by the NLRC whose decision, under the Labor Code, is final. The company’s
recourse under the circumstances is to . (1%)

(A) file a motion for reconsideration and if denied, file a petition for review with the Court of Appeals on the pure
legal question the case presents.

(B) file a motion for reconsideration and if denied, appeal to the Secretary of Labor since a labor policy issue is
involved.

(C) file a motion for reconsideration and if denied, file a petition for certiorari with the Court of Appeals on the
ground of grave abuse of discretion by the NLRC.

(D) file a motion for reconsideration and if denied, file a petition for review on certiorari with the Supreme Court
since a pure question of law is involved.

(E) directly file a petition for certiorari with the Court of Appeals since a motion for reconsideration would serve
no purpose when a pure question of law is involved.

SUGGESTED ANSWER:

C) file a motion for reconsideration and if denied, file a petition for certiorari with the Court of Appeals on the ground
of grave abuse of discretion by the NLRC.
Q (2012): A wants to file a Petition for Writ of Habeas Data against the AFP in connection with threats to his
life allegedly made by AFP intelligence officers. A needs copies of AFP highly classified intelligence reports
collected by Sgt. Santos who is from AFP. A can file his petition with:

a) RTC where AFP is located;

b) RTC where Sgt. Santos resides;

c) Supreme Court;

d) Court of Appeals.

SUGGESTED ANSWER:

d) In accordance with the principle of judicial hierarchy of the courts, A should file the petition with the Court of
Appeals.

Q(2012): The Court of Appeals cannot issue a temporary restraining order in the following cases, except:

a) Bidding and awarding of a project of the national government.

b) Against any freeze order issued by the AMLC under the anti- money laundering law.

c) Against infrastructure projects like the SLEX extension.

d) Against the DAR in the implementation of the CARL Law

SUGGESTED ANSWER:

a) Bidding and awarding of a project of the national government.

 COURT OF TAX APPEALS

Exclusive Original Jurisdiction

Over tax collection cases involving final and executory assessments for taxes, fees, charges, and penalties; Provided,
however, that collection cases where the principal amount of taxes and fees. exclusive of charges and penalties
claimed, is less than P1,000,000 shall be tried by the proper Municipal Trial Court Metropolitan Trial Court, and
Regional Trial Court

Appellate Jurisdiction
1. Exclusive appellate jurisdiction in tax collection cases:
a. Over appeals from the judgements, resolutions or orders of the Regional Trial Courts in tax collection cases
originally decided by them, in their respective territorial jurisdiction.
b. Over petitions for review of the judgments, resolutions, or orders of the Regional Trial Courts in the exercise
of their appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts,
Municipal Trial Courts, and the Municipal Circuit Trial Courts, in their respective
jurisdictions.

2. Exclusive appellate jurisdiction to review by appeal:

a. Decision of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of
internal revenue taxes, fees, or other charges, penalties in relation thereto, or other matters arising under the
National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue.
b. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of
internal revenue taxes, fees, or other charges, penalties in relation thereto, or other matters arising under the
National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the
National Internal Revenue Code provides a specific period of action, in which case the inaction shall be
deemed a denial.
c. Decision, orders or resolutions of the Regional Trial Courts in the local tax cases originally decided oy
resolved by them in the exercise of their original or appellate jurisdiction.
d. Decisions of the Commissioner of
Customs in cases involving liability for customs duties, fees, or other money charges, seizure, detention or
release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising
under the Customs Law or other laws administered by the Bureau of Customs.
e. Decisions of the Central Board of Assessment Appeals, in the exercise of its appellate jurisdiction, over
cases involving the assessment and taxation of real property originally decided by the provincial or city
board of assessment appeals.
f. Decisions of the Secretary of Finance on customs duties elevated to him automatically for review from
decisions
of the Commissioner of Customs which are adverse to the Government under Sec. 2315 of the Tariff and
Customs Code.
 g. Decisions of the Secretary of Trade and Industry in the case of nonagricultural product, commodity, or
article, and the Secretary of Agriculture in the case of an agricultural product, commodity, or article
involving dumping and countervailing duties under Secs. 301 and 302, respectively, of the Tariff and
Customs Code, and safeguard measures under RA 8800, where either party may appeal the decision to
impose or not to impose said duties.

SANDIGANBAYAN

Exclusive Original Jurisdiction

a. Violations of R.A. 3019 or the Anti-Graft and Corrupt Practices Act

b. Violations of R.A. 1379 or An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been
Unlawfully Acquired by Any Public Officer or Employee and Providing for the
Proceedings Therefor
c. Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC), where one or more of the principal accused are occupying
the following positions in government, whether in a permanent, acting or interim capacity, at the time of the
commission of the offense
1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified
as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 (R.A. 6758),
specifically including:
● Provincial governors, vice governors, members of the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other provincial department heads
● City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors,
engineers, and other city department heads
● Officials of the diplomatic service occupying the position of consul and higher
● Philippine army and air force colonels, naval captains, and all officers of higher rank;
● Officers of the Philippine National Police while occupying the position of provincial director and those
holding the rank of senior superintendent and higher
● City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the
Ombudsman and special prosecutor; Presidents, directors or trustees, or managers of government-
owned or controlled corporations, state universities or educational institutions or foundations.

2. Members of Congress and officials thereof classified as Grade 27 and up under R.A. 6758
3. Members of the Judiciary without prejudice to the provisions of the Constitution
4. Chairmen and Members of the Constitutional Commissions without prejudice to the provisions of the
Constitution
5. All other national and local officials classified as Grade 27 and higher under R.A. 6758
 Note: Exclusive original jurisdiction shall be vested in the proper RTC or MTC, as the case may be, where none
of the accused are occupying positions corresponding to Salary Grade 27 or higher, or military and PNP officers
mentioned above [Sec. 4, P.D. 1606, as amended by R.A. 10660]

d. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials
and employees mentioned in subsection a. of section 4 (as amended) in relation to their office
e. Civil and criminal cases filed pursuant to and in connection with E.O. Nos. 1, 2, 14-A

f. Petitions for mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and
processes in aid of its appellate jurisdiction, and petitions of similar nature, including quo warranto, arising or
that may arise in cases filed or which may be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in
1986
[Sec. 4, P.D. 1606, as amended by R.A. 10660]

Concurrent Original Jurisdiction

With SC, CA, and RTC for petitions for writs of amparo [Sec. 3, Rule on the Writ of Amparo] and habeas data
[Sec. 3, Rule on the Writ of Habeas Data]

Q (2012): Sandiganbayan exercises concurrent jurisdiction with the Supreme Court and the Court of Appeals
over:

a) Petitions for Writ of Certiorari and Prohibition;

b) Petitions for Writ of Habeas Corpus;

c) Petitions for Quo Warranto;

d) Petitions for Writ of Amparo and Habeas Corpus.

SUGGESTED ANSWER:

d) Petitions for Writ of Amparo and Habeas Corpus.

Appellate Jurisdiction

The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders of the
RTC, whether in the exercise of their own original jurisdiction or of their appellate jurisdiction, as herein provided
[Sec. 4, P.D. 1606, as amended by R.A. 10660]

Q(2012): The Sandiganbayan can entertain a quo warranto petition only in:

a) Cases involving public officers with salary grade 27 or higher.

b) Only in aid of its appellate jurisdiction.

c) As a provisional remedy.

d) Cases involving "ill gotten wealth".

SUGGESTED ANSWER:

b) Only in aid of its appellate jurisdiction.

REGIONAL TRIAL COURTS

Exclusive Original Jurisdiction

a. All civil actions in which the subject of the litigation is incapable of pecuniary estimation [Sec. 19(1), B.P. 129,
as amended by R.A. 7691]

Test: If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary
estimation. On the other hand, where the basic issue is something other than the right to recover a sum of money,
and the money claim is purely incidental to, or a consequence of, the principal relief sought, such actions are
 cases where the subject of the litigation is incapable of pecuniary estimation. [Heirs of Padilla v. Magdua, G.R.
No. 176858 (2010), citing Singson v. Isabela Sawmill,G.R. No. L-27343 (1979)]

An action to nullify a Deed of Assignment and Conveyance is not one involving a subject matter incapable of
pecuniary estimation if the plaintiff also seeks to the transfer of possession and control of properties: In Home
Guaranty v. R-II Builders [G.R. No. 192649 (2011)], an action that sought the nullification of a Deed of Assignment
and Conveyance was characterized by the respondent on an MR before the SC as one involving a subject matter
incapable of pecuniary estimation. The SC disagreed and held that since the action was not solely for the annulment
of the Deed of Assignment and Conveyance – indeed, the respondent consistently sought the transfer of possession
and control of properties – following the its ruling in Ruby Shelter Builders and Realty Development Corp. v.
Formaran III, G.R. No. 175914 (2009), the subject of the action was capable of pecuniary estimation.

However, if the principal nature of an action to cancel a contract to sell, where the defendant has already taken
possession of the property, involves a determination on whether a suspensive condition has been fulfilled –
then the subject matter involved is one that is incapable of pecuniary estimation: In Olivarez Realty v. Castillo
[G.R. No. 196251 (2014)], the action instituted in the trial court was one for the cancellation of a contract to sell, and
prior to the institution of the action the defendant had already proceeded to occupy the property involved. In this
instance, the SC held that the action involved a subject matter that was incapable of pecuniary estimation. The
difference in the ruling of the SC here and in Home Guaranty lies in that fact that in Olivarez Realty, what the
plaintiff had principally sought was a determination that a suspensive condition for the perfection of the contract had
not been fulfilled: “the trial court principally determined whether Olivarez Realty Corporation failed to pay
installments of the property’s purchase price as the parties agreed upon in the deed of conditional sale. The principal
nature of Castillo’s action, therefore, is incapable of pecuniary estimation.”

See also: Heirs of Bautista v. Lindo [G.R. No. 208232 (2014)], where an action to redeem a land subject of a
free patent was characterized by the SC as one whose subject matter was incapable of pecuniary estimation
since the reacquisition of the land was merely incidental to and an offshoot of the exercise of the right to redeem
the land, pursuant to Sec. 119 of CA 141.

An expropriation suit is incapable of pecuniary estimation [Barangay San Roque v. Heirs of Francisco
Pastor, G.R. No. 138896 (2000)]

Lastly, an action for specific performance in one incapable of pecuniary estimation. [Russel v. Vestil, 304
SCRA 738 (1999)] Any amount of damages claimed in addition to the prayer for specific performance is not
determinative of jurisdiction. [1 Riano 135, 2016 Bantam Ed.]

b. Civil actions involving title to, or possession of real property, or any interest therein, where assessed value
exceeds P20,000 outside Metro Manila, or exceeds P50,000 in Metro Manila [Sec. 19(2), B.P. 129, as
amended by R.A. 7691]

Exception: Forcible entry and unlawful detainer (FEUD) cases, as FEUD cases are within the exclusive original
jurisdiction of the MTC. [Sec. 33(2), B.P. 129, as amended by R.A. 7691]
An action "involving title to real property" means that the plaintiff's cause of action is based on a claim that he
owns such property or that he has the legal rights to have exclusive control, possession, enjoyment, or
disposition of the same. Title is the "legal link between (1) a person who owns property and (2) the property
itself." [Heirs of Sebe v. Heirs of Sevilla, G.R. No. 74497 (2009)]
c. Any action if the amount involved exceeds P300,000 outside Metro Manila or exceeds P400,000 in Metro
Manila in the following cases [B.P. 129, as amended by R.A. 7691]:
1. Actions in admiralty and maritime jurisdiction, where the amount refers to demand or claim [Sec. 19(3)]
2. Matters of probate (testate or intestate), where the amount refers to gross value of estate [Sec. 19(4)]
3. In all other cases where the amount refers to the demand, exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs [Sec. 19(8)]

d. All actions involving the contract of marriage and family relations [Sec. 19(5), B.P. 129, as amended by R.A.
7691], and all civil actions and special proceedings falling within exclusive original jurisdiction of Juvenile and
Domestic Relations Court [Sec. 19(7), B.P. 129, as amended by R.A. 7691]

Note: This jurisdiction is deemed modified by Sec. 5, R.A. 8369, the law establishing the Family Courts.
However, in areas where there are no Family Courts, the cases within their jurisdiction shall be adjudicated by
the RTC [Sec. 17, R.A. 8369; 1 Riano 147, 2014 Bantam Ed.]

e. All civil actions and special proceedings falling within exclusive original jurisdiction of the Court of Agrarian
Reform [Sec. 19(7), B.P. 129, as amended by R.A. 7691]

f. All cases not within exclusive jurisdiction of any court, tribunal, person, or body exercising judicial or quasi-
judicial functions [Sec. 19(6), B.P. 129, as amended by R.A. 7691] This jurisdiction is often described as the
“general jurisdiction” of the RTC making it a court of general jurisdiction. [1 Riano 146, 2014 Bantam Ed.]

g. Intra-corporate controversies
1. Cases involving devises or schemes employed by or any acts, of board of directors, business associates, its
officers or partnership, amounting to fraud and misrepresentation which may be detrimental to interest of
public and/or of stockholders, partners, members of associations or organizations registered with SEC.
2. Controversies arising out of intra-corporate or partnership relations, between and among stockholders,
members or associates; between any or all of them and corporation, partnership or association of which they
are stockholders, members or associates, respectively; and between such corporation, partnership or
association and the state insofar as it concerns their individual franchise or right to exist as such entity
3. Controversies in election or appointments of directors, trustees, officers or managers of such corporations,
partnerships or associations
4. Petitions of corporations, partnerships or associations to be declared in state of suspension of payments in
cases where corporation, partnership of association possesses sufficient property to cover all its debts but
foresees impossibility of meeting them when they respectively fall due or in cases where corporation,
partnership or association has no sufficient assets to cover its liabilities, but is under management of a
Rehabilitation Receiver or Management Committee
[Sec. 52, Securities and Regulations Code]
h. Petitions for declaratory relief [Sec. 1, Rule 63]

i. Cases originally falling within the exclusive original jurisdiction of the Sandiganbayan where the information:
1. Does not allege any damage to the government or any bribery; or
2. Alleges damage to the government or bribery arising from the same or closely related transactions or acts in
an amount not exceeding P1 million. [Sec. 4, P.D. 1606, as amended by R.A. 10660]
Concurrent Original Jurisdiction

1. With SC
a. Cases affecting ambassadors, public ministers, and consuls [Sec. 21(2), B.P. 129]
b. Petitions for certiorari, prohibition, and mandamus against lower courts [1 Riano 93, 2016 Bantam Ed.]
c. Quo Warranto petitions,
d. Writ of Habeas Corpus,
e. Writ of Amparo, and
f. Writ of Habeas Data

2. With CA
a. Petitions for certiorari, prohibition and mandamus against lower courts and bodies
b. Quo warranto petitions, and
c. Writ of Habeas Corpus [1 Riano 96, 2016 Bantam Ed.]
d. Writ of Amparo, and [Sec. 3, Rule on the Writ of Amparo]
e. Writ of Habeas Data [Sec. 3, Rule on the Writ of Habeas Data]

3. With Sandiganbayan
a. Writ of Amparo, and
b. Writ of Habeas Data

FAMILY COURTS

a. Criminal cases where one or more accused is below 18 but not less than 9 years old or where one or more victims
was a minor at time of commission of offense,
b. Petitions for guardianship, custody of children and habeas corpus in relation to children,
c. Petitions for adoption of children and revocation thereof,
d. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to status and property
relations of husband and wife or those living together under different status and agreements, and petitions for
dissolution of conjugal partnership of gains,
e. Petitions for support and/or acknowledgment,
f. Summary judicial proceedings brought under the provisions of Family Code,
g. Petitions for declaration of status of children as abandoned, dependent or neglected children, voluntary or
involuntary commitment of children, suspension, termination or restoration of parental authority, and other cases
cognizable under P.D. 603, E.O. 56, s. 1986, and other related laws,
h. Petitions for constitution of family home,
i. Cases against minors cognizable under Dangerous Drugs Act, as amended, (now R.A. 9165)
j. Violations of R.A. 7610, or the “Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act”, and
k. Cases of domestic violence against Women and Children.
[Sec. 5, R.A. 8369]

Q(2012): Cesar, age 16, a habitual offender, was caught in possession of .001 grams of marijuana. He was
charged for violation of Sec. 16 of R.A. 9165, The Comprehensive Dangerous Drugs Law. The court which has
jurisdiction is:

a) The MTC;

b) The RTC;

c) Special Drugs Court;

d) Family Court.

SUGGESTED ANSWER:

d) Family Court

Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in Cities, Municipal
Circuit Trial Courts

Exclusive Original Jurisdiction

 a. Where the value of personal property, estate, or amount of demand does not exceed P300,000 outside
Metro Manila or does not exceed P400,000 in Metro Manila, exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs (IDALEC), in the following cases:
1. Civil actions,
2. Probate proceedings, (testate or intestate)
3. Provisional remedies in proper cases. [Sec.33(1), B.P. 129, as amended by R.A.7691]

Q(2012): A judge of an MTC can hear and decide petitions for habeas corpus or applications for bail where:

a) The Supreme Court authorizes the MTC.

b) The judge is the Executive Judge of the MTC.
c) The judge of the RTC where the case is raffled has retired, was dismissed or had died.
d) In the absence of all the RTC Judges in the province or city.

SUGGESTED ANSWER:

d) In the absence of all the RTC Judges in the province or city.

Q (2014): When a Municipal Trial Court (MTC), pursuant to its delegated jurisdiction, renders an adverse
judgment in an application for land registration, the aggrieved party’s remedy is: (1%)

(A) ordinary appeal to the Regional Trial Court

(B) petition for review on certiorari to the Supreme Court
(C) ordinary appeal to the Court of Appeals
(D) petition for review to the Court of Appeals

SUGGESTED ANSWER:

(C) Ordinary appeal to the Court of Appeals.

Q (2014): Mr. Boaz filed an action for ejectment against Mr. Jachin before the Metropolitan Trial Court
(MeTC). Mr. Jachin actively participated in every stage of the proceedings knowing fully well that the MeTC
had no jurisdiction over the action. In his mind, Mr. Jachin was thinking that if the MeTC rendered judgment
against him, he could always raise the issue on the jurisdiction of the MeTC. After trial, the MeTC rendered
judgment against Mr. Jachin. What is the remedy of Mr. Jachin? (1%)

(A) File an appeal

(B) File an action for nullification of judgment
(C) File a motion for reconsideration
(D) File a petition for certiorari under Rule 65

SUGGESTED ANSWER:

(A) File an appeal

Totality Rule

If several claims or causes of action are embodied in the same complaint, the amount of all the demands shall be the
basis in computation of the amount involved, if:
1. Claims are in the same complaint
2. Claims are against the same defendant
3. No misjoinder of parties [1 Riano 104, 2016 Bantam Ed.]

D. ASPECTS OF JURISDICTION

Jurisdiction Over the Parties

What does jurisdiction over the parties mean?

Jurisdiction over the parties is the court’s power to render judgment that is binding on the parties. (First Sarmiento
Property Holdings, Inc. v. Philippine Bank of Communications, G.R. No. 202836, June 19, 2018) Power of a court to
render personal judgment or to subject the parties in a particular action to the judgment and other rulings rendered in
the action (Villagracia vs. Fifth Shari’a Court, G.R. No. 188832, April 23, 2014)

How does the court acquire jurisdiction over the plaintiff?

The court acquires jurisdiction over the plaintiff when they file their complaint or initiatory pleading—by which he
signifies his submission to the court’s power and authority. (Davao Light & Power Co. Inc. vs. CA, G.R. No. 93262,
December 29, 1991)

How does the court acquire jurisdiction over the defendant?

Jurisdiction over the defendant is obtained either, through a valid service of summons; or by his voluntary appearance
in court.

What is the effect of defendant’s voluntary appearance in court?

The defendant’s voluntary appearance in the action shall be equivalent to service of summons, thus the court acquires
jurisdiction over the person of the defendant .

What constitutes as voluntary appearance?

Seeking an affirmative relief in court, whether in civil or criminal proceedings, constitutes voluntary appearance,
except in cases when the defendant invokes special jurisdiction of the court impugning such jurisdiction over his
person (David v. Agbay, G.R. No. 199113, March 18, 2015)

What examples will constitute voluntary appearance on the part of the defendant?
The following are examples that constitute voluntary appearance:
a. When defendant participates in the trial despite improper service of summons
b. Filing of motions to admit answer, for additional time to file answer, for reconsideration of a default
judgment, and to lift order of default with motion for reconsideration (Philippine Commercial
International Bank v. Spouses Dy, G.R. No. 171137, June 5, 2009).
Give instances when filing of a pleading seeking affirmative relief will NOT constitute voluntary
submission of one’s person to the jurisdiction of the court.

In the case of pleadings whose prayer is precisely for the avoidance of the jurisdiction of the court, which only leads
to a special appearance. These pleadings are:
1. In civil cases, inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the
person of the defendant (Sec 23, Rule 14)
2. In criminal cases, motions to quash a complaint on the ground of lack of jurisdiction over the person of the
accused; and
3. Motions to quash a warrant of arrest

Note: The first two are consequences of the fact that failure to file them would constitute a waiver of defense of lack
of jurisdiction over the person. The third is a consequence of the fact that it is the very legality of the court process
forcing the submission of the person of the accused that is the very issue in a motion to quash a warrant of arrest
(Miranda v. Tuliao, G.R. No. 158763, March 31, 2006)

Jurisdiction over the subject matter

What does jurisdiction over the subject matter mean?

Jurisdiction over the subject matter is referred to as the power of a particular court to hear the type of case that is then
before it. The term also refers to the jurisdiction of the court over the class of cases to which a particular case belongs
(Civil Procedure, RIANO, 2016).

How is jurisdiction conferred?

Jurisdiction is conferred by law or the Constitution, with Congress given the plenary power, for cases not enumerated
in Article VIII, Section 5 of the Constitution, to define, prescribe, and apportion the jurisdiction of various courts
(First Sarmiento Property Holdings, Inc. v. Philippine Bank of Communications, G.R. No. 202836, June 19, 2018). In
short, jurisdiction is conferred by the Constitution or by law.

Note: Jurisdiction is NOT conferred by:

1. Court’s unilateral assumption of jurisdiction (Tolentino v. Social Security Commission, G.R. No. L-28870,
September 6, 1985);
2. Contract (Figueroa v. People, G.R. No. 147406, July 14, 2008);
3. Compromise (Olongapo City v. Subic Water and Sewerage Co., Inc., G.R. No. 171626, August 6, 2014);
4. Agreement of the Parties (Metromedia Times Corporation v. Pastorin, G.R. No. 154295, July 29, 2005)
5. Erroneous belief of the court it exists (Id.)
6. Acquiescence of the court (Republic v. Estipular, G.R. No. 136588, July 20, 2000); or
7. Silence, waiver, failure to object (People v. Garfin, G.R. No. 153176, March 39, 2004)

How is jurisdiction over the subject matter determined?

Jurisdiction over the subject matter is determined by examining the material allegations of the complaint and the
character of the relief sought (First Sarmiento Property Holdings, Inc. v. Philippine Bank of Communications, G.R.
No. 202836, June 19, 2018).

What is the effect of lack of jurisdiction over the subject matter?

The general rule is that proceedings conducted or decisions made by a court are legally void where there is an
absence of jurisdiction over the subject matter. A court devoid of jurisdiction over the case cannot make a decision in
favor of either party. It can only dismiss the case for want of jurisdiction (Civil Procedure, RIANO, 2016).

Distinguish Jurisdiction over Exercise of Jurisdiction

Jurisdiction Exercise of Jurisdiction

The power or authority to decide a The exercise of the power to decide a

case.
The authority to decide a case, and
not the decision rendered therein
(Estate of Yujuico v. Republic, G.R.
No. 168651, October 26, 2007)
case and, where there is jurisdiction
over the person and the subject
matter, the decision on all other
questions arising in the case is but an
exercise of that jurisdiction.
(Republic v. “G” Holdings, Inc. G.R.
No. 141241, November 22, 2005)

Distinguish Doctrine of Primary Administrative Jurisdiction and Doctrine of Exhaustion of

Administrative Remedies

Doctrine of Primary Administrative Jurisdiction Doctrine of Exhaustion of Administrative

Remedies

As to Definition

Refers to the competence of a court to take A party must first avail of all administrative
cognizance of a case at first instance. (Bengson processes available before seeking the courts’
vs. Spouses Caligtan, G.R. No. 189852, August intervention. (Republic vs. Transunion Corp.,
17, 2016) G.R. No 191590, April 21, 2014)

As to Effect of Failure to Observe

If an administrative tribunal has jurisdiction
over a controversy, courts should not resolve
the issue even if it may be within its proper
jurisdiction. This cannot be waived. (BF
Homes, Inc. vs. MERALCO, G.R. No. 171624,
December 6, 2010)
Does not affect the court’s jurisdiction. The
doctrine may be waived. (Republic vs.
Sandiganbayan, G.R. No. 112708-09, March
29, 1996)

What is the Doctrine of Adherence of Jurisdiction?

The doctrine of adherence of jurisdiction means that once jurisdiction has attached, it cannot be ousted by
subsequent happenings or events, although of a character which would have prevented jurisdiction from
attaching in the first instance. The court, once jurisdiction has been acquired, retains that jurisdiction until it
finally disposes of the case. Otherwise stated, once jurisdiction is vested, the same is retained up to the end of
the litigation (Dela Rosa v. Roldan, G.R. No. 133882, September 5, 2006).

When may objections to jurisdiction over the subject matter be raised?

The prevailing rule is that jurisdiction over the subject matter may be raised at any stage of the proceedings,
even for the first time on appeal. (Civil Procedure, RIANO, 2016).

May the court dismiss the case motu propio for lack of jurisdiction over the subject matter?
Yes. When it appears from the pleadings or the evidence on record that the court has no jurisdiction over the
subject matter, the court shall dismiss the claim (RULES OF COURT, Rule 9, Sec. 1) (Heirs of Julao vs. De
Jesus, G.R. No. 176020, September 29, 2014)

What is the effect of estoppel on objections to jurisdiction?

While it is true that jurisdiction over the subject matter may be raised at any stage of the proceedings since it is
conferred by law, it is, nevertheless, settled that a party may barred from raising it on the ground of estoppel.
(La’o v. Republic, G.R. No. 160719, January 23, 2006)

What is the doctrine of estoppel by laches?

In the case of Tijam v. Sibonghanoy, the Supreme Court barred a belated objection to jurisdiction that was
raised by a party only when an adverse decision was rendered by the lower court against it and because it raised
the issue only after 15 years and after seeking affirmative relief from the court and actively participating in all
stages of the proceedings. The doctrine, as declared in the mentioned case, is based upon grounds of public
policy and is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or
asserted. (Civil Procedure, RIANO, 2016)(Tijam vs. Sibonghanoy, G.R. No. L-21450, April 15, 1969)

Note:
The doctrine of estoppel by laches may be invoked when there is a belated objection to the jurisdiction of the
court, and that there is active participation from the party invoking such, in all stages of the case. This
participation includes invoking authority of the court in seeking affirmative relief and questioning the court’s
jurisdiction only after receiving an adverse decision or ruling to his case. (Id.)

Is the doctrine of estoppel by laches the general rule?

No. Estoppel by laches may only be invoked to bar the defense of lack of jurisdiction if the facts of the case are
similar or analogous to the case of Tijam v. Sibonghanoy. Where the settings attendant in Tijam v. Sibonghanoy
are not present, the application of estoppel by laches would not be justified. (Vda. De Herrera v. Bernardo, G.R.
No. 170251, June 1, 2011)

Jurisdiction over the Issues

What is an “issue”?
An issue is a disputed point or question to which parties to an action have narrowed down their several
allegations and upon which they are desirous of obtaining a decision (Black’s Law Dictionary, 5 th Ed. p. 745).
Where there is no disputed point, there is no issue. (Civil Procedure, RIANO, 2016)

What does jurisdiction over the issue mean?

 Jurisdiction over the issue is the power of the court to try and decide the issues raised in the pleadings of the
parties (Reyes v. Diaz, G.R. No. 48754, November 26, 1941)

How is jurisdiction over the issues conferred and determined?

Jurisdiction over the issues is conferred and determined by:
1. The allegations in the pleadings of the parties. The pleadings present the issues to be tried and determined
whether or not the issues are of fact or of law. (Civil Procedure, RIANO, 2016)
2. Stipulation of the parties. As when, in the pre-trial, the parties enter into stipulations of facts and documents or
enter into an agreement simplifying the issues of the case (Rule 18, Sec 2)
3. Waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings. When issues
not raised by the pleadings are tried with express or implied consent of the parties, they shall be treated in all
respects as if they had been raised in the pleadings. (Rule 10, Sec. 5)

Jurisdiction over the Res or Property in Litigation

What is Jurisdiction over the Res?

Jurisdiction over the res refers to the court’s jurisdiction over the thing or the property which is the subject of
the action. (RIANO, Civil Procedure 2016 Ed. p. 87) This is acquired by the actual or constructive seizure by
the court of the thing in question, thus placing it in custodia legis (De Joya vs. Marquez, G.R. No. 162416,
January 31, 2006)

Note:
This type of jurisdiction is necessary when the action is one in rem or quasi in rem. (Id.)

How is jurisdiction over the res acquired?

Jurisdiction over the res may be acquired by the court by placing the property or thing under its custody
(custodia legis) or constructive seizure. (De Joya vs. Marquez, G.R. No. 162416, January 31, 2006)

Jurisdiction over the Remedies

What is Jurisdiction over the Remedies?

Jurisdiction over the remedies involves the settlement of justiciable controversies or disputes involving rights
that are enforceable and demandable before the courts of justice or the redress of wrongs for violation of such
right (Art. VIII, Section 1, 1987 Constitution) The courts’ traditional power of judicial review applies whether
the offense alleged violates a statute or the Constitution, or both. (Concurring Opinion of Justice Leonen,
Inmates of the NBP vs. De Lima, G.R. No. 212719, June 25, 2019)

E. ERROR OF JURISDICTION AND ERROR OF JUDGMENT

Differentiate between Error of Jurisdiction and Error of Judgment

Error of jurisdiction Error of Judgment

As to Existence of Jurisdiction
 Occurs when the court exercises a
jurisdiction not conferred upon it by law.
It may also occur when the court or
tribunal, although vested with jurisdiction,
acts in excess of its jurisdiction or with
grave abuse of discretion amounting to
lack of jurisdiction. (Taar v. Lawan, G.R.
No. 190922, 11 October 2017)
Presupposes that the court vested with
jurisdiction over the subject matter of the
action but, in the process of exercising
that jurisdiction, it committed mistakes in
the appreciation of the facts and the
evidence leading to an erroneous
judgment. (Civil Procedure, RIANO,
2016)

As to Result of Error

Renders a judgment void or at least The judgment cannot be considered a

voidable (Jaro v. CA, G.R. No. 127536)
nullity and cannot be collaterally
impeached. Such judgment is binding on
the parties unless it is reversed or
annulled in a direct proceeding. (Civil
Procedure, RIANO, 2016)

As to Remedy

Correctible by certiorari Errors of judgment can only be reviewed

through an appeal (Taar v. Lawan, G.R.
No. 190922, 11 October 2017)

F. JURISDICTION AND VENUE

Differentiate Jurisdiction and Venue

Jurisdiction Venue

As to Definition

The power to hear and determine cases The place of trial or geographical
location in which an action or proceeding
should be brought, where the case is to
be heard or tried

As to Governing Law

A matter of substantive law A matter of procedural law

As to Relations Established

Establishes a relation between the court Establishes a relation between plaintiff

 and the subject matter. and defendant, or petitioner and
respondent.

As to Basis

Fixed by law and cannot be conferred by May be conferred by the act or

the parties. agreement of the parties

As to Waiver

Being a matter of substantive law, cannot
be waived by the parties
May be waived if not invoked either in a
motion to dismiss or in the answer (City
of Lapu-Lapu v. Philippine Economic
Zone Authority, G.R. 184203, November
16, 2014)

As a Ground for Dismissal

The court may dismiss an action motu A motion to dismiss must be filed based
proprio in case of lack of jurisdiction over on improper venue
the subject matter

(Civil Procedure, RIANO, 2016) (Nocum vs. Tan, G.R. No. 145022, Septermber 23, 2005)

G. JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY THE RULES ON

SUMMARY PROCEDURE AND BARANGAY CONCILIATION

Small Claims (The Revised Rules of Procedure for Small Claims Cases, A.M. No. 08-8-7-SC)

Which court has jurisdiction over small claims cases?

These Rules shall govern the procedure in actions before the following courts:
1. Metropolitan Trial Courts (MeTCs) where the value of the claim does not exceed P400,000
2. Municipal Trial Courts in Cities (MTCCs)
3. Municipal Trial Courts (MTCs); and,
4. Municipal Circuit Trial Courts (MCTCs) for the payment of money where the value of the claims does not
exceed P300,000, exclusive of interests and costs (Sec. 2; OCA Circular No. 45-19, dated March 21, 2019,
effective April 1, 2019).

What are the cases covered by the Rule on Small Claims?

These Rules shall apply in all actions that 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 the money owed under any of the following:

a) Contract of Lease;
b) Contract of Loan;
 c) Contract of Services;
d) Contract of Sale; or
e) Contract of Mortgage

2. For liquidated damages arising from contracts;

3. The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by
the Rules pursuant to Sec. 417 of R.A. 7160 (The Local Government Code) (Sec. 5).

How is a small claim action initiated?

A small action is commenced by filing with the court an accomplished and verified Statement of Claim (Form I-
SCC) in duplicate accompanied by:
1. Certification of Non-forum Shopping;
2. Two (2) duly certified photocopies of the actionable document/s subject of the claim; and
3. The affidavits of witnesses and other evidence to support the claim (Sec 6).

Note: A small claims case is NOT commenced by a complaint. In addition, it must be noted that evidence not
attached shall not be allowed during the hearing unless good cause is shown for the admission of additional evidence
(Sec. 6).

What is the effect of non-appearance by the plaintiff at the scheduled hearing in a small claims
case? In case it is the defendant who failed to appear?
The plaintiff’s failure to appear at the scheduled hearing shall be a cause for the dismissal of the Statement of Claim.
The dismissal shall be without prejudice. If the defendant appears in the absence of the plaintiff, he shall be entitled
to judgment on his permissive counterclaim, not on his compulsory counter claim (Sec. 20).

The failure of the defendant to appear on the date set for hearing shall have the same effect as the failure to file a
response under Sec. 14 of the Rules. This effect shall not apply where one of two or more defendants who are sued
under a common cause of action and have pleaded a common defense appears at the hearing. (Sec. 20)

Note: Under Sec. 14, the Court shall render judgment on the same day, as may be warranted by the facts alleged in
the Statement of Claim/s.

Enumerate the prohibited pleadings and motions in small claims cases.

The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule:
a) Motion to dismiss the Statement of Claim/s;
b) Motion for a bill of particulars;
c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
d) Petition for relief from judgment;
e) Motion for extension of time to file pleadings, affidavits, or any other paper;
f) Memoranda
g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
h) Motion to declare the defendant in default;
i) Dilatory motions for postponement;
j) Reply and rejoinder
k) Third-party complaints; and
l) Interventions (Sec. 16).
Can a party in a small claims case be represented by a lawyer?
No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or
defendant. However, should the court determine that a party cannot properly present his claim or defense and needs
assistance, the court may, in its discretion, allow another individual who is NOT an attorney to assist that party upon
the latter’s consent (Sec. 19).

When shall the court render its decision?

After the hearing, the court shall render its decision based on the facts established by the evidence, within twenty-
four (24) hours from termination of the hearing. The decision shall immediately be entered by the Clerk of Court in
the court docket for civil cases and a copy thereof served on the parties. The decision shall be final, executory and
unappealable (Sec. 25).

1991 REVISED RULES ON SUMMARY PROCEDURE

What is the purpose behind the enactment of the rule on summary procedure?
The Ratio Legis behind the rules on summary procedure is to achieve an expeditious and inexpensive determination
of the cases falling thereunder (Farrales v. Camarista, Adm. Matter No. MTJ-99-1184, March 2, 2000).

To which court does the rule on summary procedure applies?

The Rules shall govern the procedure in the:
1. Metropolitan Trial Courts;
2. Municipal Trial Courts in Cities;
3. Municipal Trial Courts; and
4. Municipal Circuit Trial Courts

What civil cases are subject to summary procedure?

The civil cases subject to summary procedure are:
a) All cases of forcible entry and unlawful detainer irrespective of the amount of damages or unpaid rentals sought
to be recovered, and
b) All other cases where the total amount of the plaintiff’s claim does not exceed P100,000 (outside Metro Manila),
or does not exceed P200,000 (Metro Manila), exclusive of (i) interests; and costs (ii) costs.

Note:

 Probate proceedings are NOT covered by the Rules on Summary Procedure even if the gross value of the
estate does not exceed P100,000 or P200,000 (Sec. 1A)
 For purely money claims not exceeding P300, 000 (outside Metro Manila) or P400,000 (within Metro
Manila), it is now covered by the Revised Rule of Procedure on Small Claims.

What are the criminal cases subject to summary procedure?

The criminal cases subject to summary procedure are the following:
a) Violations of Bouncing Checks Law (B.P. 22);
b) Violations of traffic laws, rules and regulations;
c) Violations of the rental law;
d) Violations of municipal or city ordinances;
e) All other criminal cases where the penalty prescribed by law for offense charged is imprisonment not exceeding
six months, or a fine exceeding (P1,000), or both, irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising therefrom:
f) In offenses involving damage to property through criminal negligence, this Rule shall govern where the
imposable fine does not exceed P10,000.

May the court, in a summary procedure, dismiss the case outright based on any grounds for
dismissal of a civil action?
Yes. After the court determines that the case falls under summary procedure, it may, from an examination of the
allegations and evidence therein, dismiss the case outright on any grounds apparent therefrom for the dismissal of a
civil action (Sec. 4).

What will the court do if no ground for dismissal is found?

If no ground for dismissal is found, the court shall issue summons stating that the summary procedure under this Rule
shall apply (Sec. 4).

What is the effect of failure to file answer to the complaint?

The court, motu proprio, or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged
in the complaint and limited to what is prayed for therein.

Note:

The court may, in its discretion reduce the amount of damages and attorney’s fees claimed for being excessive or
otherwise unconscionable (Sec. 6). This is without prejudice to the applicability of Sec. 4, Rule 18 of the Rules of
Court if there are two or more defendants. (Sec. 6)

What is the effect of non-appearance by the plaintiff during the preliminary conference in a case
governed by the rule on summary procedure?
Failure of the plaintiff to appear in the Preliminary Conference shall be a cause for the dismissal of the complaint of
the plaintiff, and the defendant shall be entitled to judgment on his counterclaim in accordance with Sec. 6 of these
Rules. All cross-claims shall be dismissed.

Failure of the defendant to appear in the Preliminary conference, shall entitle the plaintiff to judgment in accordance
with Sec. 6. (Revised Rules on Summary Procedure, Sec. 7)

When shall the court render judgment?

The court shall render judgment within thirty (30) days after receipts of the last affidavits and position papers, or the
expiration of the period for filing the same. (Sec. 10)

To which court shall the aggrieved party file his appeal?

The judgment or final order shall be appealable to the appropriate regional trial court. (Sec. 21). The RTC shall
decide on the cases based on the entire record of the proceedings in the court of origin and such memoranda and/or
briefs as may be submitted by the parties or required by the Regional Trial Courts. (B.P. 129, Sec. 22) Further appeal
may be made to the CA under Rule 42 then to the SC under Rule 45.

KATARUNGANG PAMBARANGAY

What are the subject matter for amicable settlement?

All disputes may be subject of the barangay proceedings for amicable settlement.

Exceptions under the LGC (Sec 408):

1. When one party is the Government, or any subdivision or instrumentality thereof;
2. Offenses for which the law prescribes a maximum penalty of Imprisonment exceeding 1 year a Fine over 5,000
pesos;
3. Offenses where there is no private offended party;
4. Where one party is a public officer or employee and the disputes relates to the performance of his official
functions;
5. Any class of disputes which the President may determine in the interest of justice or upon recommendation of
the Secretary of Justice ;
6. Where the dispute involves real properties located in different cities or municipalities, unless the parties thereto
agree to submit their difference to amicable settlement by an appropriate Lupon;
7. Disputes involving parties who actually reside in barangays of different cities or municipalities except where
such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable
settlement by an appropriate Lupon;
8. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued
as:
a) Criminal cases where the accused is under police custody or detention;
b) Petitions for Habeas Corpus by a person illegally deprived of his rightful custody over another person or
a person illegally deprived of or on acting in his behalf ;
c) Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal property and support during the pendency of the action (Sec 412, par. (b)(3));
d) Actions which may be barred by the Statute of limitations (Sec 412, par. (b)(1));

Note: The court in which non-criminal cases not falling within the authority of the Lupon under this Code are filed,
may, at any time before the trial, motu proprio refer the case to the Lupon concerned for amicable settlement (Sec
408, par (g)).

Where is the venue for the Kataragang Pambarangay?

1. Disputes between persons actually residing in the same barangay shall be brought for amicable settlement
before the lupon of the said barangay;
2. Those involving actual residents of different barangays within the same city or municipality shall be brought in
the barangay where the respondent or any of the respondents actually resides, at the election of the complaint;
3. All disputes involving real property or any interest therein shall be brought in the barangay where the real
property or the larger portion thereof is situated;
4. Those arising at the workplace where the contending parties are employed or at the institution where such
parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located;
(Sec. 409, LGC)
Note: Objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise, the
same shall be deemed waived.

When parties may directly go to court?

A party may directly go to court in the following cases:
a. Where the accused is under detention;
b. Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;
c. Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of
personal properties, and support pendent lite; and
d. Where the action may otherwise be barred by the statute of limitations. (Sec. 412, par. (b))

What is the remedy of the prevailing party upon the finality of the settlement or award?
The prevailing party may file with the lupon a motion for execution, copy furnished the party obliged, in order to
compel the latter to comply with the settlement or award (Katarungang Pambarangay Rules Rule VII, Sec. 2)

It must be shown in the motion foe execution that no repudiation of the settlement, or a petition for nullification of
the arbitration award was made, and that the settlement/ arbitration award is now final and executory.

How can a party repudiate to the settlement or award?

Any party to the dispute may within ten (10) days from the date of the settlement, repudiate the same by filing with
the Lupon chairman a statement to that effect sworn to before him, where the consent is vitiated by fraud, violence
or intimidation.

Such repudiation shall be sufficient basis for the issuance of the certification for filing a complaint as hereinabove
provided (Sec. 418, LGC)

H. HOW JURISDICTION IS DETERMINED

How jurisdiction is determined?

Jurisdiction over the subject matter is determined by examining the material allegations of the complaint and the
relief sought (First Sarmiento Property Holdings, Inc. v. Philippine Bank of Communications, G.R. No. 202836,
June 19, 2018).

What is the effect of lack of jurisdiction?

A court devoid of jurisdiction over the case cannot make a decision in favor or either party. It can only dismiss the
case for want of jurisdiction. It cannot be the source of a right or the creator of any obligation. All acts pursuant to it
and all claims emanating from it have no legal effect. The void judgment can never be final, and any writ of
execution based on it is, likewise, void (Ga, Jr. v. Tubungan G.R. No. 167807)

Q(2012): A complaint may be refiled if dismissed on which of the following grounds?

a) Unenforceable under the Statute of Frauds;

b) Res Judicata;

c) Litis Pendencia;

d) Lack of jurisdiction.

SUGGESTED ANSWERS:

c) Litis Pendencia

d) Lack of jurisdiction.

May jurisdiction be conferred by waiver?

No. Jurisdiction may not be conferred by consent or waiver upon a court which otherwise would have no jurisdiction
over the subject matter of an action (Anama v. Citibank, G.R. No. 192048, December 13, 2017).

III. CIVIL PROCEDURE

A. GENERAL PROVISIONS

How are the rules on civil procedure construed?

The Rules of Court are to be liberally construed in order to promote their objective of securing a just, speedy, and
inexpensive disposition of every action of proceeding (Rule 1, Sec. 6).

When is compliance to procedural rules excused?

The courts have the power to relax or suspend technical or procedural rules or to except a case from their operation
when compelling reasons so warrant or when the purpose of justice requires it. What constitutes good and sufficient
cause that would merit suspension of the rule is discretionary upon the courts. (CIR v. Migrant Pagbilao
Corporation, G.R. No. 159593, October 12, 2006; Redeña v. CA, G.R. No. 146611, February 6, 2007).

What are the grounds for suspension of Rules?

The following are the reasons which would warrant the suspension of Rules:
1. The existence of special or compelling circumstances;
2. The merits of the case;
3. A cause not entirely attributable to the fault or negligence of the party favoured by the suspension of rules;
4. A lack of any showing that the review sought merely frivolous and dilatory; and
5. The other part will not be unjustly prejudiced thereby (Sarmiento v. Zaratan, G.R. No. 167471, February 5,
2007)
 B. ACTIONS
What is an ordinary civil action?
It is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a
wrong (Rule 1, Sec. 3, par. a)

What is a special civil action?

It refers to actions which, while governed by the rules for ordinary civil actions, are subject to specific rules
prescribed for under Rules 62 to 71 of the Rules of Court (RULES OF COURT, Rule 1, Sec. 3, par a.)

What is a criminal action?

It is an action by which the State prosecutes a person for an act or omission punishable by law (RULES OF COURT,
Rule 1, Sec. 3, par b.)

How do we distinguish a civil action and a special proceeding?

ORDINARY CIVIL ACTION SPECIAL PROCEEDINGS

As to Nature

Generally adversarial in nature. There are Generally, there is no definite adverse party
definite parties – plaintiff vs. defendant. because it is directed against the whole world.
Special Proceedings are either in rem or quasi
in rem.

As to Purpose

To protect or enforce a right or prevent or To establish a Status, a Right, or a Particular

redress a wrong (RULES OF COURT, Rule fact (RULES OF COURT, Rule 1, Sec. 3, par
1, Sec. 3, par. a) c)

As to Governing Rules

It is governed by the Rules for ordinary civil It is governed by special Rules supplemented
actions (RULES OF COURT, Rule 1, Sec. 3, by Rules for ordinary civil actions (RULES
par. a). OF COURT, Rule 72, Sec. 2)

As to Court with Jurisdiction

It is heard by courts of general jurisdiction. It is heard by courts of limited jurisdiction.

As to How Initiated

Initiated by a pleading, and parties respond Initiated by means of a petition, and parties
through an answer after being served with respond by means of an opposition after notice
 summons. and publication are made.

As to Applicability of Pleadings

Parties are generally allowed to file answer, Rules on pleading generally not applicable.
counterclaim, cross-claim, and third-party
complaint.

As to Appeal

The period to appeal is only 15 days, and The period to appeal is 30 days and aside from
notice to appeal suffices. notice of appeal, a record on appeal is
required.

As to the Cause of Action

It is based on a cause of action (RULES OF It is not based on a cause of action except

COURT, Rule 2, Sec. 1) habeas corpus.

(Special Proceedings Essentials for Bench and Bar, De Leon & Wilwayco, 2015)

What are the distinctions between a real action and a personal action?

Real Action Personal Action

As to Purpose

One brought for the protection of real One which is not founded upon the privity
rights, land, tenements, or hereditaments of real rights or real property.
or one founded on privity of estate only.
(Rule 4, Sec. 1)

As to Venue

Local, i.e., its venue depends upon the Transitory, i.e., its venue depends upon the
location of the property involved in the residence of the plaintiff or the defendant
litigation (Civil Procedure, RIANO, 2016) (Id.).

Examples

Accion reinvindicatoria Action for a sum of money

How do we de determine whether an action is real or personal?

A real action is one which the plaintiff seeks the recovery of real property; or an action affecting title to, or recovery
of possession of real property. (Ruby Shelter Builders and Realty Corporation v. Formaran, G.R. No. 175914,
February 10, 2009). Where the action does not involve recovery of real property, the action is personal one (Sps.
Saraza v. Francisco, G.R. No. 198718,November 27, 2013)

What is a local action?

It is an action brought in the place where the subject property or a part thereof is located, in the absence of agreement
to the contrary (e.g. action for recovery of real property)(BPI v. Hontanosas, Jr. G.R. No. 157163,June 25, 2014)

What is a transitory action?

It is one which depends upon the residence of the plaintiff or the defendant regardless of where cause of action arose
subject to Section 4 of Rule 4, (e.g. action to recover a sum of money) (Id.)

What are the distinctions between; actions In Rem, In Personam and Quasi In Rem?

Action in Personam Action in Rem Action Quasi in Rem

As to whom Directed

An action directed against a An action directed against An action directed

person on the basis of his
personal liability.
the thing itself instead of against an individual,
against the person. named as defendant, to
subject his interest
therein to the obligation
or lien burdening the
property.

As to Effect of Judgment

Judgment is binding only Judgment is binding upon Judgment is binding only

upon the parties and their the whole world. upon the parties who
successors in interest but joined the action.
not upon strangers.

As to the Purpose of the Action

An action to impose a A proceeding to determine A proceeding which

responsibility or liability
upon a person directly.
the state or condition of a deals with the status,
thing. ownership, or liability of
a particular property but
which are intended to
operate on these
questions only as
between the particular
parties to the proceedings
and not to ascertain or
cut-off the rights or
interests of all possible
 claimants. (Domagas vs.
Jensen, G.R. No.158407,
January 17, 2005).

As to Acquisition of Jurisdiction over the Person of Defendant

Jurisdiction over the person Jurisdiction over the person of the defendant is not a
of the defendant is prerequisite to confer jurisdiction on the court provided that
necessary for the court to the court acquires jurisdiction over the res.
validly try and decide the
case.

Examples

Action for declaration of Land registration case; Action for partition;

nullity of title and recovery probate of a will. action for accounting;
of ownership of real attachment; foreclosure
property; reconveyance; of mortgage.
action for ejectment; action
for specific performance;
action for injunction.

(Domagas vs. Jensen, G.R. No.158407, January 17, 2005).

Can there be a conversion of an action in personam in to an action in rem or quasi in rem?

Under the old rule, an action in personam may be converted in an action in rem or quasi in rem through preliminary
attachment by attaching the property of the defendant. However, under the new rule, it is not necessary for an action
in personam to be converted to an action in rem or quasi in rem via writ of preliminary attachment, in order to acquire
jurisdiction over the person of the defendant. Petitioner may now serve summons through publication where the
defendant is designated as an unknown owner, or the like, or whenever his whereabouts are unknown and cannot be
ascertained by diligent inquiry to enable the court to acquire jurisdiction over the person of the defendant, regardless
of the nature of the action (Santos v. PNOC Exploration Corporation, G.R. No. 170943,September 23, 2008)

Can there be an action in rem which involves a personal action?

Yes. The probate of a will wherein the estate consists only of personal properties is an action in rem which is at the
same time a personal action. The probate of the will is a proceeding in rem (Guevara v, Guevara G.R. No.
48840,December 29, 1943).

Can there be an action in personam which involves a real action?

Yes. An action for declaration of nullity of title and recovery of ownership of real property, or reconveyance, is a real
action but it is an action in personam, for it binds a particular individual only although it concerns the right to a
tangible property. Any judgment therein is binding only upon the parties properly impleaded (Munoz v. Yabut, G.R.
No. 142676, June 6, 2011)

C. CAUSE OF ACTION
What is cause of action?
It is the act or omission by which a party violates the rights of another (Rule 2,Sec. 2)

What are the bases of cause of action?

The following are the bases of cause of action:
1. A right in favour of the plaintiff by whatever means and under whatever law it arises or is created;
2. An obligation

What are the requisites of cause of action?

The requisites are: (LOA)

1. The Legal right of the plaintiff;

2. The correlative Obligation of the defendant; and
3. The Act or omission of the defendant in violation of the said legal right (Asia Brewery, Inc. v. Equitable
PCI Bank, G.R. No. 190432, April 25, 2017)

What are the distinctions between cause of action and right of action?

Cause of Action Right of Action

Definition
A formal statement of the operative facts A remedial right or relief granted by law to
that give rise to such remedial right. some persons - the plaintiff whose rights
have been violated by the defendant.

As to Nature
The reason for the action or the delict or The right to commence and maintain an
wrong committed by the defendant in action or the remedy or means afforded or
violation of the right of the plaintiff. the consequent relief.
As to Governing Law
A matter of statement and is governed by A matter of right and depends on the
law on procedure. substantive law (De Guzman v. CA, G.R.
Nos. 92029-30, December 20, 1990).
A cause of action is not affected by the A right of action may be taken away by the
running of the statute of limitations, by running of the statute of limitations, by
estoppel, or other circumstances. estoppel or other circumstances (Turner v.
Lorenzo Shipping, supra).

(Rules of Civil Procedure annotated, Gubat, 2015)

What is the test of sufficiency of a complaint?

The existence of the cause of action may be determined only by the allegations of the complaint, considerations of
other facts being proscribed and any attempt to prove extraneous circumstances not being allowed (Misamis
Occidental II Cooperative Inc vs. David, G.R. No. 129928, August 25, 2005)

When should cause of action arise?

It arises when an act or omission of a party violates a right of another. (Rules of Civil Procedure annotated, Gubat,
2015)

Can there be right of action without a cause of action?

No. A cause of action involves a right of the plaintiff and a violation of this right by the defendant. Without a right
and a violation of this right, there can be no cause of action and without cause of action, there would be no right to
file a suit against the defendant. The right of action which is procedural in character is the consequence of the
violation of the right of the plaintiff. Hence, the rule: There is no right of action where there is no cause of action
(Civil Procedure, RIANO, 2016)

Is there a difference between failure to state of action and lack of cause of action?

FAILURE TO STATE CAUSE OF LACK OF CAUSE OF ACTION

ACTION (Demurrer)

As to how it is Determined

It can be determined only from the It can be resolved only on the basis of the
allegations in the initiatory pleading and evidence he has presented in support of
not from evidentiary or other matter his claim.
aliunde.

As to Applicability

There is a failure to state a cause of action There is lack of cause of action where the
where the complaint does not allege a evidence does not sustain the cause of
sufficient cause of action. action alleged.

As to Whether Evidentiary Matters are Evaluated or Not

It does not concern itself with the truth It arises precisely because the judge has
and falsity of the allegations in the determined the truth and falsity of the
pleading. allegations and has found the evidence
wanting.

(Domondon vs. Lopez, A.M. No. RTJ-02-1696, June 20, 2002)

What does failure to state cause of action lead to?

Failure to state cause of action can be raised as an affirmative defense in his or her answer (Rule 8, Sec. 12)
Does failure to raise the affirmative defense be a waiver thereof?
Yes. Failure to raise the affirmative defenses at the earliest opportunity shall be a waiver thereof (Id.)

What does lack of cause of action lead to?

Lack of cause of action leads to dismissal under Rule 33 of the Rules of Court in the nature of a demurrer to evidence
on the ground of insufficiency of evidence and is presented only after the plaintiff has rested his case (People v. Juan
Tuvera, 516 SCRA 113)

What is the test of Sufficiency of Cause of Action?

It is whether or not in admitting the facts alleged, the court can render a valid judgment upon the same in accordance
with the prayer thereof. (Misamis Occidental II Cooperative Inc. v. David, G.R. No. 129928, August 25, 2005).

What are the exceptions hypothetical admission on the veracity of allegations?

There is no hypothetical admissions the veracity of allegations if:
1. Their falsity is subject to judicial notice;
2. Allegations are legally impossible;
3. Facts are inadmissible in evidence; and
4. Facts which appear, by record or document included in the pleadings, to be unfounded (Aquino v. Quiazon, G.R.
No. 201248, March 11, 2015)

What do you mean by splitting causes of action?

It is the act of instituting two or more suits for the same cause of action, claim, or demand into two or more parts, and
bringing suit for one such parts only, intending to reserve the rest for another separate action. (REGALADO,
Remedial Law Compendium, 2010, p.75)

Does splitting causes of action violate policy against multiplicity of suits?

Yes. The practice of splitting a single cause of action is discouraged because it:
1. Breeds multiplicity of suits;
2. Clogs the court dockets;
3. Leads to vexatious litigation;
4. Operates as an instrument of harassment; and
5. Generates unnecessary expenses to the parties (Civil Procedure, RIANO, 2016)

What does splitting a single cause of action lead to?

If two or more suits are instituted for a single cause of action, the filing of one (litis pendentia or forum shopping) or
a judgment upon the merits in one (res judicata) shall be a ground for dismissal of the others (Rule 2, Sec. 4).

What is the test to determine on whether a cause of action is single?

The following are the test to determine whether a cause of action is single:
1. Whether the same evidence would support and sustain both the 1 st and 2nd causes of action (also known as the
“same evidence” test);
2. Whether the defenses in one case may be used to substantiate the complaint in the other; or
3. Whether the cause of action in the second case existed at the time of the filing of the first complaint (Umale v.
Canoga Park Dev’t. Corp., G.R. No. 167246, July 20, 2011).
What is the plaintiff’s remedy if there is failure to state other reliefs sought?
Under the Doctrine of Anticipatory Breach, an unqualified and positive refusal to perform a contract, though the
performance thereof is not yet due, may, if the renunciation goes into the whole contract, be treated as a complete
breach which will entitle the injured party to bring his action at once (Blossom & Co. v. Manila Gas Corp. G.R. No.
L-32958, November 8, 1930)

What is joinder of causes of action? What is its rationale?

Joinder of causes of action is the assertion of as many causes of action as a party may have against another in one
pleading alone. It is the uniting of two or more demands or right of action in a complaint. The question of the joinder
of causes of action involves in particular cases a preliminary inquiry as to whether two or more causes of action are
alleged (Decena v. Piquero, G.R. No. 155736, March 31, 2005).

Is the rule on joinder of causes of action mandatory or merely permissive?

Joinder of causes of action is not compulsory. It is permissive. (Civil Procedure, RIANO, 2016)

What are the requisites of joinder of causes of action?

The following are the requisites:
1. The right to relief arises out of the same transaction or series of Transactions;
2. There is a question of law or a fact Common to all the plaintiffs or defendants; and
3. Such joinder is not otherwise Proscribed by the provisions of the Rules on jurisdiction and venue (1 Regalado,
Remedial Law Compendium Volume 1, 2010, p. 22)

What are the test involved in a joinder of cause of action?

In declaring whether more than one cause of action is alleged, the main thrust is whether more than one primary right
or subject of controversy is present. Other tests are:
1. Whether recovery on one ground would Bar recovery on the other;
2. Whether more than One distinct primary right or subject of controversy is alleged for enforcement or
adjudication;
3. Whether the same evidence would Support the other different counts; or
4. Whether Separate actions could be maintained for separate relief.

What are the limitations to the joinder of causes of action?

The joinder of causes of action is allowed, subject to the following conditions: (CoNDA)
1. The party joining the causes of action must Comply with the Rules on joinder of parties;
2. The joinder shall Not include special civil actions or actions governed by special Rules;
3. Where the causes of action are between the same parties but pertain to Different venues or jurisdictions,
jurisdiction is with the Regional Trial Court, provided:

a. One of the causes of action falls within the jurisdiction of the RTC; and
b. The venue lies therein.
4. Where the claims in the causes of action are principally for recovery of money, the Aggregate amount claimed
shall be the test of jurisdiction (RULES OF COURT, Rule 2 Sec. 5)

Does Totality rule apply in Joinder of Actions?

Yes. When causes of action accrue in favor of the same plaintiff and against the same defendant, it is not necessary
to ask whether or not the causes of action arose out of the same transaction or series of transactions. This question is
only relevant when there are multiple plaintiffs or multiple defendants. A plaintiff may file a single suit for each
claim if he desires because each debt is a separate cause of action. Joinder of causes is not compulsory. It is
permissive. If the plaintiff decides in favour of a joinder, when the claims in all causes of action are principally for
the recovery of money, the aggregate amount claimed shall be the test of jurisdiction. (Civil Procedure, RIANO,
2016)

What is misjoinder of causes of action?

It is where there is an erroneously joined cause of action which can be severed and proceeded with separately upon
motion by a party or upon the court’s own initiative.

Can misjoinder of causes of action be waived?

Yes. If there is no objection to the improper joinder, or the court did not motu proprio direct a severance, then there
exists no bar in the simultaneous adjudication of all the erroneously joined causes of action (Ada v. Baylon, G.R. No.
182435, August 13, 2012).

Is misjoinder of causes of action a ground for dismissal?

Misjoinder of causes of action is not a ground for dismissal of action. A misjoined cause of action may, on motion of
a party or on the initiative of the court, be severed and proceeded with separately. (Rule 2, Sec.6)

Q(2012): The following are accurate statements on joinder of causes of action,

except:

a) Joinder of actions avoids multiplicity of suits.

b) Joinder of actions may include special civil actions.

c) Joinder of causes of action is permissive.

d) The test of jurisdiction in case of money claims in a joinder of causes of action, is the "totality rule".

SUGGESTED ANSWER:
b) Joinder of actions may include special civil actions.

D. PARTIES TO CIVIL ACTIONS

Who are Real Parties in Interest?

A real party in interest is the party who stands to be benefited or injured by the judgment in the suit or the party
entitled to the avails of the suit. (Rule 3, Sec. 2)

A real party-in-interest is one with a “present substantial interest” which means such interest of a party in the
subject matter of the action as will entitle him, under the substantive law, to recover if the evidence is sufficient, or
that he has the legal title to demand. (Rayo v Metrobank, G.R. No. 165142, December 10, 2007)

The word “interest” contemplated by the rules means material interest or an interest in issue and to be affected by
the judgment as distinguished from mere interest in the question involved or a mere incidental interest. (Dagadag v
Tongnawa, G.R. No. 161166-67, February 3, 2005)

Who are Indispensable Parties?

An indispensable party is a real party in interest without whom no final determination can be had of an action.
(Rule 3, Sec. 7)

Who are Necessary Parties?

A necessary party is one who is not indispensable but who ought to be joined as a party to the case 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. (Rule 3, Sec. 8)

Who are Indigent Parties?

A party who has no money or property sufficient and available for food, shelter and basic necessities for himself
and his family. A party may be authorized to litigate as indigent if the court is satisfied that the party is an indigent.
(Rule 3, Sec. 1)

What are Alternative Defendants?

Where the plaintiff cannot definitely identify who among two or more persons should be impleaded as a defendant,
he may join all of them as defendants in the alternative. (Rule 3, Sec. 13)

Compulsory and Permissive Joinder of Parties

Permissive Joinder of Parties

Parties can be joined in one single complaint or may themselves, maintain or be sued in separate suits. (Regalado)
Although normally a joinder of parties is permissive, the joinder of a party becomes compulsory when the one
involved is an indispensable party (Riano)

Requisites:
1. The right of relief arises out of the same transaction or series of transactions
2. There is a question of law or fact common to all the plaintiffs or defendants and
3. Such joinder is not otherwise proscribed by the provisions of the Rules on Jurisdiction and Venue. (Riano)

Compulsory Joinder of Indispensable Parties

The general rule with reference to the making of parties in a civil action requires, of course, the joinder of all
necessary parties where possible, and the joinder of all indispensable parties under any and all conditions, their
presence being a sine qua non for the exercise of judicial power. It is precisely when an indispensable party is not
before the court (that) the action should be dismissed. The absence of an indispensable party renders all subsequent
actions of the court null and void for want of authority to act, not only as to the absent parties but even as to those
present. (Bacalso v Padigos, G.R. No. 173192, April 18, 2008)

Misjoinder
A party is misjoined when he is made a party to the action although he should not be impleaded. A party not joined
when he is supposed to be joined but is not impleaded in the action. (Riano)

Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of
the action and on such terms as are just. If there is any claim against a party misjoined, the same may be severed
and proceeded with separately. (Rule 3, Sec. 11)

When Misjoinder can be grounds for dismissal

General Rule: Misjoinder and nonjoinder is not a ground for dismissal of an action.
Exception: It is only upon the plaintiff’s refusal to comply with the order to join indispensable parties that the case
may be dismissed. (Florete, Jr. v Florete, Sr., G.R. No. 174909, January 20, 2016)

Class suit
A class suit is an action where one or more may sue for the benefit of all if the requisites for said action are
complied with. (Riano)

Requisites:
1. The subject matter of the controversy must be a common or general interest to many persons.
2. The persons are so numerous that it is impracticable to join all as parties.
3. The parties actually before the court are sufficiently numerous and representative as to fully protect the
interests of all concerned and
4. The representatives sue or defend for the benefit of all. (Atty Sylvia Banda et. al v Eduardo Ermita, G.R. No.
166620, April 20, 2010)

Suits against entities without juridical personality

When two or more persons not organized as an entity with juridical personality enter into a transaction, they may be
sued under the name by which they are generally or commonly known (Rule 3, Sec. 15)

Effect of death of party litigant

Whenever the party to a pending action dies, it is the duty of the counsel of the deceased party to:
1. Inform the court within 30 days after such death of the fact thereof; and
2. Give the name and address of his legal representatives. (Rule 3, Section 16)

Reason: The Rule is intended to protect every party's right to due process. The estate of the deceased party will
continue to be properly represented in the suit through the duly appointed legal representative. Moreover, no
adjudication can be made against the successor of the deceased if the fundamental right to a day in court is denied.
(Regalado v Regalado, G.R. No. 196919, June 6, 2011)

Effect of no notice of death

If there is no notice of death, the case may continue. Proceedings are valid and judgment is binding on successors-
in-interest. The failure, however, of counsel to comply with this duty shall be ground for disciplinary action.
(Herrera)

Substitution in Surviving Claims

If the claim survives, the court shall order the legal representative/s of the deceased to appear and be substituted for
the deceased within 30 days from notice. (Riano)

Examples of actions which survive the death of the party:

1. Actions to recover real and personal property from the estate.
2. Actions to enforce a lien thereon; and
3. Actions to recover damages for an injury to a person or a property. (Sarasba v Te, G.R. No. 175910, July 30,
2009)
4. Actions for cancellation of title (Regalado v Regalado, G.R. No. 196919, June 6, 2011)

When Formal Substitution is Not Necessary

When the heirs themselves voluntarily appeared in the action, participated therein and presented evidence in
defense of a deceased defendant. (Vda. de Salazar v CA, G.R. No. 121510, November 23, 1995)

The mere failure of the counsel to comply with his duty to inform the court of the death of his client such that no
substitution is effected, will not invalidate the proceedings and the judgment rendered thereon if the action survives
the death of such party. The trial court's jurisdiction over the case subsists despite the death of the party. If the
deceased litigant is protected as he continues to be properly represented in the suit through the duly appointed legal
representative of their estate. (Feria citing Atty Sarasba v De Te, G.R. No. 175910, July 30, 2009)

E. VENUE

Venue is the place or the geographical area in which a court with jurisdiction may hear and determine a case or the
place where a case is to be tried. (Riano)

In civil proceedings, venue is procedural, not jurisdictional, and may be waived by the defendant if not seasonably
raised either in a motion to dismiss or in the answer. (BPI Family Savings Bank Inc v Sps. Yujuico, G.R. No.
175796, July 22, 2015)

It is meant to provide convenience to the parties rather than restrict their access to the courts as it relates to the place
of trial (Heirs of Lopez v De Castro, G.R. No. 112905, February 3, 2000)
Venue of Real Actions
Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the
proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated.

Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or
city wherein the real property involved, or a portion thereof, is situated. (Rule 4, Sec. 1)

Venue of Personal Actions

All other actions may be commenced and tried:
a. where the plaintiff or any of the principal plaintiffs resides, or
b. where the defendant or any of the principal defendants resides, or
c. in the case of a non-resident defendant where he may be found, at the election of the plaintiff. (Rule 4, Sec.
2)

Venue of actions against non-residents

If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status
of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried
in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found.
(Rule 4, Sec. 3)

When the rules on Venue do not apply

The Rules shall not apply.
a. In those cases where a specific rule or law provides otherwise; or
b. Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.
(Rule 4, Sec. 4)

Q (2012): The mortgage contract between X, who resides in Manila, and Y, who resides in Naga, covering
land in Quezon provides that any suit arising from the agreement may be filed "nowhere else but in a Makati
court". Y must thus sue only in:

a) Makati;
b) Makati and/or Naga;
c) Quezon and/or Makati;
d) Naga.

SUGGESTED ANSWER:

a) Makati

Effects of stipulations on Venue

The parties may agree on a specific venue which could be in a place where neither of them resides. ( Universal
Robina Corporation v Lim, G.R. No. 154338 October 5, 2007)
In real actions, unlike unlawful detainer, the parties may stipulate on a venue other than the place where the real
property is situated. (Union Bank of the Philippines v Maunlad Homes Inc, G.R. No. 190071, August15, 2012)

Requisites of Stipulations on Venue

1. In writing
2. Exclusive as to the venue
3. Made before filing of the action. (Riano)

Effect of venue stipulation when the validity of the written instrument is controverted
A complaint directly assailing the validity of the written instrument itself should not be bound by the exclusive
venue stipulation contained therein and should be filed in accordance with the general Rules on venue. It would be
inherently inconsistent for a complaint of this nature to recognize the exclusive venue stipulation when it, in fact,
precisely assails the validity of the instrument in which such stipulation is contained. (Briones v CA, G.R. No.
204444, January 14, 2015)

F. PLEADINGS

Pleadings are the formal statements by the parties of the operative facts which constitute their respective claims and
defenses. (Riano)

Q(2012): Atty. A drafts a pleading for his client B wherein B admits certain facts prejudicial to his case. The
pleading was never filed but was signed by Atty. A. Opposing counsel got hold of the pleading and presents
the same in court. Which statement is the most accurate?

a) The prejudicial statements are not admissible because the unfiled document is not considered a pleading.
b) The prejudicial statements are not admissible because the client did not sign the pleading.
c) The prejudicial statements are not admissible because these were not made by the client in open court.
d) The prejudicial statements are not admissible because these were made outside the proceedings.

SUGGESTED ANSWER:

a) The prejudicial statements are not admissible because the unfiled document is not considered a pleading
Complaint

Complaint

The complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action. The names and
residences of the plaintiff and defendant must be stated in the complaint. (Rule 6, Sec. 3)

Answer
An answer is a pleading in which a defending party sets forth his or her defenses (Rule 6, Sec. 4)
Affirmative Defenses
An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material
allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her. (Rule 6, Sec.
5 (b) par 1)

The affirmative defenses include:

1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality,
6. Statute of frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy,
10. And any other matter by way of confession and avoidance. (Sec 5, Rule 6)
11. That the court has no jurisdiction over the person of the defending party
12. That venue is improperly laid
13. That the plaintiff has no legal capacity to sue
14. That the pleading asserting a claim states no cause of action (Failure to State a Cause of Action)
15. That a condition precedent for filing the claim has not been complied with (Sec 12, Rule 8)

Affirmative defenses may also include grounds for the dismissal of a complaint,
Specifically:

1. That the court has no jurisdiction over the subject matter,

2. That there is another action pending between the same parties for the same cause (litis pendentia), or
3. That the action is barred by a prior judgment (res judicata). (Sec 5, Rule 6)

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. (Rule 6, Sec 5 (a))

Negative pregnant
A negative pregnant is a negative implying also an affirmative and which, although stated in a negative form, really
admits the allegations to which it relates. (Riano)

It is a denial pregnant with the admission of the substantial facts in the pleading responded to which are not
squarely denied. It has in effect, an admission of the averments it was directed at. (Republic v Sandiganbayan, GR#
152154, July 15, 2003)

Counterclaims
A counterclaim is any claim which a defending party may have against an opposing party. (Rule 6, Sec 6).

It partakes of a complaint by the defendant against the plaintiff. A counterclaim is described by the Rules of Court
as any claim. Hence this claim may be a claim for money or some other relief against the opposing party. (Riano)
Compulsory counterclaim
A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is
connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does
not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.

General Rule: Such a counterclaim must be within the jurisdiction of the court both as to the amount and the
nature thereof.

Exception: In an original action before the Regional Trial Court, the counterclaim may be considered compulsory
regardless of the amount.

A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by these Rules. (Rule
6, Sec. 5 (b))

Requisites:
1. It arises out of or is necessarily connected with the transaction or occurrence which is the subject matter of the
opposing party’s claim.
2. Does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction.
3. Cognizable by the regular courts of justice and such courts have jurisdiction to entertain the counterclaim both as
to the amount and nature. (Metropolitan Banking and Trust Company v CPR Promotions and Marketing Inc. G.R.
No. 200567, June 22, 2015)

Permissive counterclaim
A counterclaim is permissive if it does not arise out of or is not necessarily connected with the subject matter of the
opposing party’s claim. It is essentially an independent claim that may be filed separately in another case. (Alba v
Malapajo, G.R. No. 198752, January 13, 2016)

A counterclaim is permissive if any of the elements of a compulsory counterclaim discussed is absent. But the most
commonly treated feature of a permissive counterclaim is its absence of a logical connection of the subject matter
of the complaint. (Riano)

Effects on the counterclaim when the complaint is dismissed

If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiff's motion for
dismissal:, the dismissal shall be limited to the complaint. The dismissal shall be without prejudice to the right of
the defendant to prosecute his or her counterclaim in a separate action unless within fifteen (15) calendar days from
notice of the motion he or she manifests his or her preference to have his or her counterclaim resolved in the same
action. (Rule 17, Sec 2)

Dismissal upon the fault of the plaintiff

The complaint may be dismissed upon motion of the defendant or upon the court's own motion, without prejudice to
the right of the defendant to prosecute his or her counterclaim in the same or in a separate action. (Rule 17, Sec 3)

Cross-claims
A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the
subject matter either of the original action or of a counterclaim therein. Such crossclaim may cover all or part of the
original claim. (Rule 6, Section 8)
General Rule: A cross-claim not set up is barred (Rule 9, Sec. 2)

Exceptions:
a) When it is outside the jurisdiction of the court
b) If the court cannot acquire jurisdiction over 3rd parties whose presence is necessary for the adjudication for
said cross-claim.
c) If through oversight, inadvertence or excusable negligence, it is not asserted, it may still be set up with leave
of court, by amendment of the pleadings.
d) Cross-claim that may mature or may be acquired after service of the answer may, by permission of the court,
be presented by supplemental pleadings before judgment. (Riano)

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 any other relief, in respect of his or her opponent's claim.

When Third (fourth, etc.) party complaints shall be denied

The third (fourth, etc.) – party complaint shall be denied admission, and the court shall require the defendant to
institute a separate action, where:

a) the third (fourth, etc.)- party defendant cannot be located within thirty (30) calendar days from the grant of
such leave;
b) matters extraneous to the issue in the principal case are raised; or
c) the effect would be to introduce a new and separate controversy into the action. (Rule 6, Sec. 11)

Q (2012): Leave of court is always necessary in:

a) A demurrer to evidence in a civil case.
b) A demurrer to evidence in a criminal case.
c) Motion to amend a complaint.
d) Third party complaint.

SUGGESTED ANSWER:
d) Third party complaint

Complaint-in-intervention
Intervention is a remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant
therein to enable him, her or it to protect or preserve a right or interest which may be affected by such proceedings.
It is a proceeding in a suit or action by which a third person is permitted by the court to make himself a party either
joining the plaintiff or demanding something adverse to both of them.

It is an act or proceeding by which a third person becomes a party in a suit pending between others for the
protection of some right or interest alleged by him to be affected by such proceedings. (Mactan Cebu International
Airport Authority v Heirs of Minoza, G.R. No. 186045, February 2, 2011)
 Requisites for Intervention
1) There must be a motion for leave to intervene filed before rendition of judgment by the trial court (Rule 19, Sec.
2)
2) The movant must show in his motion that he has a
a) Legal Interest in
i) The matter in litigation or
ii) The success of either of the parties in the motion or
3) Movant is so situated as to adversely affected by a distribution or other disposition of property in the custody of
the court or of an officer thereof (Rule 19, Sec. 1)

Reply
A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new
matters alleged in, or relating to, said actionable document. (Rule 6, Sec 10, par 2)

An answer may be responded to by a reply only if the defending party attaches an actionable document to the
answer. (Rule 6, Sec 2)

Actionable Document
A document is actionable when an action or defense is grounded upon such written instrument or document. (Asian
Construction & Development Corp v Mendoza, G.R. No. 176949, June 27, 2012)

Extensions of time to file

General Rule: A motion for extension to file any pleading, other than an answer, is prohibited and considered a
mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by these
Rules.

Exception: A defendant may, for meritorious reasons, be granted an additional period of not more than thirty (30)
calendar days to file an answer. A defendant is only allowed to file one (1) motion for extension of time to file an
answer. (Rule 11, Sec. 11)

Pleadings Allowed under the Rules of Summary Procedure

The only pleadings allowed to be filed are:
a. Complaint
b. Compulsory Counterclaim pleaded in the answer
c. Cross-claim pleaded in the answer
d. Answers thereto (Rules on Summary Procedure, Sec. 3(a))

Prohibited under the Rules of Summary Procedure:

a. Permissive Counterclaim
b. Third-party Complaint
c. Reply
d. Pleading-in-intervention
e. Motion to dismiss the complaint or to quash a criminal complaint or information

Exceptions:
 i. If the ground is lack of jurisdiction over the subject matter or
ii. Failure to comply with the rule requiring referral to the Lupon for conciliation
f. Motion for a bill of particulars
g. Motion for new trial
h. Motion for reconsideration of a judgment
i. Motion for reopening of trial
j. Motion for extension of time to file pleadings, affidavits or other paper.
k. Motion to declare the defendant in default
l. Dilatory motions for postponement (Rules on Summary Procedure IV, Sec. 19)

Pleadings in the Rule of Procedure for Small Claims Cases

The pleadings are expressed in specific forms. (Riano).

Commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC). No other
formal pleading is necessary to initiate a small claims action (Rule of Procedure for Small Claims Cases, Sec. 6)

Instead of filing an answer, the defendant shall file with the court and serve on the plaintiff a duly accomplished
verified response (Form 3-SCC) (Rule of Procedure for Small Claims Cases, Sec. 12 and 13)

Prohibited Motions in Small Claims Cases

Aside from the prohibited motions, the following pleadings or petitions shall not be allowed in the cases covered
under the Rule of Procedure for Small Claims cases:
a. Petition for Relief from judgment
b. Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the court.
c. Reply
d. Third party complaints
e. Interventions
f. Motion to dismiss the Statement of Claim/s
g. Motion for a bill of particulars
h. Motion for new trial
i. Motion for reconsideration of a judgment
j. Motion for reopening of trial
k. Motion for extension of time to file pleadings, affidavits or other paper.
l. Motion to declare the defendant in default
m. Dilatory motions for postponement (Rule of Procedure for Small Claims Cases, Sec. 16)

Parts and Contents of a Pleading

The parts of the pleading include:
a. Caption (Rule 7, Section 1)
b. Body (Rule 7, Section 1)
i. Signature and Address (Rule 7, Section 1)
ii. Verification (Rule 7, Section 1)
iii. Certificate of Non forum Shopping (Rule 7, Section 1)
c. Relief

Caption
The caption contains the following:
 a. Name of the court
b. Title of the action
c. Docket number, if assigned (Rule 7, Section 1)

Mandatory Additional Contents of a Pleading

Every pleading stating a party's claims or defenses shall, in addition to those mandated by Section 2, Rule 7, state
the following:

a. Names of witnesses who will be presented to prove a party's claim or defense;

b. Summary of the witnesses' intended testimonies, provided that the judicial affidavits of said witnesses shall be
attached to the pleading and form an integral part thereof. Only witnesses whose judicial affidavits are
attached to the pleading shall be presented by the parties during trial.

Exception: if a party presents meritorious reasons as basis for the admission of additional witnesses, no other
witness or affidavit shall be heard or admitted by the court; and

c. Documentary and object evidence in support of the allegations contained in the pleading. (Sec 6, Rule 8)

Signature and Address

Every pleading and other written submissions to the court must be signed by the party or counsel representing him
or her.

The signature of counsel constitutes a certificate by him or her that he or she has read the pleading and document;
that to the best of his or her knowledge, information, and belief, formed after an inquiry reasonable under the
circumstances:

a. It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;
b. The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence, or by a
nonfrivolous argument for extending, modifying, or reversing existing jurisprudence;
c. The factual contentions have evidentiary support or, if specifically so identified, will likely have
evidentiary support after availment of the modes of discovery under these rules; and
d. The denials of factual contentions are warranted on the evidence or, if specifically so identified, are
reasonably based on belief or a lack of information. (Rule 7 Sec 3, par 1 and 2)

Q (2013): The signature of counsel in the pleading constitutes a certification that. (1%)

(A) both client and counsel have read the pleading, that to the best of their knowledge, information and belief there
are good grounds to support it, and that it is not interposed for delay
(B) the client has read the pleading, that to the best of the client’s knowledge, information and belief, there are
good grounds to support it, and that it is not interposed for delay
(C) the counsel has read the pleading, that to the best of the client’s knowledge, information and belief, there are
good grounds to support it, and that it is not interposed for delay
(D) the counsel has read the pleading, that based on his personal information, there are good grounds to support
it, and that it is not interposed for delay
(E) The above choices are not totally accurate.
SUGGESTED ANSWER

(E) The above choices are not totally accurate.

Effect of Violation of Rule 7 Sec 3

If the court determines, on motion or motu proprio and after notice and hearing, that this rule has been violated, it
may impose an appropriate sanction or refer such violation to the proper office for disciplinary action, on any
attorney, law firm, or party that violated the rule, or is responsible for the violation.

Absent exceptional circumstances, a law firm shall be held jointly and severally liable for a violation committed by
its partner, associate, or employee.

Sanctions Included for Violation

The sanction may include, but shall not be limited to:
 non-monetary directive or sanction;
 an order to pay a penalty in court; or,
 if imposed on motion and warranted for effective deterrence,
o an order directing payment to the movant of part or all of the reasonable attorney’s fees and
 other expenses directly resulting from the violation, including attorney’s fees for the filing of the motion for
sanction. The lawyer or law firm cannot pass on the monetary penalty to the client.

Verification

General Rule: Pleadings need not be verified

Exception: Except when otherwise specifically required by law or rule, pleadings need not be under oath or
verified. (Rule 7, Sec. 6)

What needs to be included

A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The authorization of the
affiant to act on behalf of a party, whether in the form of a secretary’s certificate or a special power of attorney,
should be attached to the pleading, and shall allege the following attestations:
a. The allegations in the pleading are true and correct based on his or her personal knowledge, or based on
authentic documents;
b. The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and
c. the factual allegations therein have evidentiary support or, if specifically so identified, will likewise have
evidentiary support after a reasonable opportunity for discovery.

The signature of the affiant shall further serve as a certification of the truthfulness of the allegations in the pleading.

A pleading required to be verified that contains a verification based on "information and belief", or upon
"knowledge, information and belief", or lacks a proper verification, shall be treated as an unsigned pleading. ( Rule
7, Sec 6)

Instances when verification is necessary

Actions include the following but are not exclusive to:
 i. Ordinary Civil Actions

a. Certification against forum shopping (Rule 7, Sec. 5)

b. Petition for relief from judgment or order (Rule 38, Sec 3)
c. Petition for review from RTC to the Court of Appeals (Rule 42, Sec 1)
d. Petition for review from quasi-judicial agencies to Court of Appeals (Rule 43, Sec 5)
e. Appeal by certiorari from the Court of Appeals to the Supreme Court (Rule 45, Sec 1)
f. Petition for annulment of judgments or final orders and resolutions (Rule 47, Sec 1)

ii. Provisional Remedies

a. Complaint for injunction (Rule 58, Sec. 4)

b. Application for appointment of receiver (Rule 59, Sec. 1)
c. Application for support pendente lite (Rule 61, Sec. 1)

iii. Special Civil Actions

a. Petition for certiorari against the judgments, final orders or resolutions of constitutional commissions (Rule
64, Sec. 2)
b. Petition for certiorari (Rule 65, Sec 1)
c. Petition for prohibition (Rule 65, Sec 2)
d. Petition for mandamus (Rule 65, Sec 3)
e. Petition for quo warranto (Rule 66, Sec. 1)
f. Complaint for expropriation (Rule 67, Sec. 1)
g. Complaint for forcible entry or unlawful detainer (Rule 70)
h. Petition for indirect contempt (Rule 71, Sec 4)

iv. Special Proceedings

a. Petition for appointment of general guardian (Rule 93, Sec. 2)

b. Petition for leave to sell or encumber property of the ward by a guardian. (Rule 95, Sec 1)
c. Petition for declaration of competency of a ward (Rule 97, Sec 1)
d. Petition for habeas corpus (Rules 102, Sec 3)
e. Petition for change of name (Rule 103, Sec. 2)
f. Petition for voluntary judicial dissolution of a corporation (Rule 105, Sec 1; Revised Corporation Code, Sec
134)
g. Petition for cancellation or correction of entries in the civil registry (Rule 108)

v. Other Laws

a. Appeal by certiorari from Court of Tax Appeals to the Supreme Court (RA 9282, Sec. 12)
b. Statement of Claim for Small Claims Cases as well as the Response thereto (Rules of Procedure for Small
Claims Cases; Secs 5 and 11)

Forum Shopping
Forum shopping is committed when multiple suits involving the same parties and the same causes of action are
filed, either simultaneously or successively for the purpose of obtaining a favorable judgment through means other
than appeal or certiorari. (Vda. De Karaan v Aguinaldo, G.R. No. 182151, September 21, 2015)

There is forum shopping where there exists:

1. Identity of parties or at least such parties as represent the same interests in both actions
2. Identity of rights asserted and relief prayed for, the relief being founded on the same facts and
3. The identity of the two preceding particulars is such that any judgment rendered in the pending case regardless of
which party is successful would amount to res judicata. (Sps. Zosa v Estrella, G.R. No. 149984, November 28,
2008)

Certificate against Forum Shopping

The certificate against forum shopping is required only in a complaint or other initiatory pleading (Metropolitan
Bank & Trust Company v Santos, G.R. No. 157867, December 15, 2009)

According to A.M. No. 04-94, the following are considered initiatory pleadings:
1. Original Civil Complaint
2. Permissive Counterclaim
3. Cross-claim
4. Third (fourth, etc.) party complaint
5. Complaint-in-intervention.
6. Any other petition or application wherein a party asserted his claim for relief.

What are not considered initiatory pleadings?

1. Answers (Korea Technologies Co. v Lerma, G.R. No. 143581, January 7, 2008)
2. Compulsory Counterclaims (Cruz-Agana v Santiago-Lagman, G.R. No. 139018, April 11, 2005)

Certification against forum shopping

The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim
for relief, or in a sworn certification annexed thereto and simultaneously filed therewith:

a. that he or she has not therefore commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or
claim is pending therein;
b. if there is such other pending action or claim, a complete statement of the present status thereof; and
c. if he or she should thereafter learn that the same or similar action or claim has been filed or is pending,
he shall report that fact within five (5) calendar days therefrom to the court wherein his or her aforesaid
complaint or initiatory pleading has been filed.

The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate or a
special power of attorney, should be attached to the pleading. (Rule 7, Sec. 5)
Q(2012): When a party or counsel willfully or deliberately commits forum shopping, the initiatory pleading
may:

a) Be cured by amendment of the complaint.

b) Upon motion, be dismissed with prejudice.

c) Be summarily dismissed with prejudice as it may constitute direct contempt.

d) Be stricken from the record.

SUGGESTED ANSWER:

c) Be summarily dismissed with prejudice as it may constitute direct contempt.

Allegations in a Pleading
Manner of Making Allegations

What is the rule when making a pleading?

Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate
facts, including the evidence on which the party pleading relies for his or her claim or defense, as the case may be.

If a cause of action or defense relied on is based on law, the pertinent provisions thereof and their applicability to
him or her shall be clearly and concisely stated. (Sec 1 , Rule 8)

What are Ultimate facts?

They refer to the essential facts of the claim. A fact is essential if it cannot be stricken out without leaving the
statement of the cause of action insufficient. (Ceroferr Realty Corporation vs. Court of Appeals, 376 SCRA 144)

What is a Condition Precedent?

It refers to matters which must be complied with before a cause of action arises for failure to state a cause of action.
Such as tender of payment before consignation, prior resort to barangay conciliation when necessary, and etc
(Riano, Civil Procedure: A Restatement for the Bar, p. 97, 2009 ed.).

Fraud, mistake, malice, intent, knowledge and other condition of the mind, judgments, official
documents or acts

What is the rule in making averments of fraud or mistake?

The circumstances constituting such fraud or mistake must be stated with particularity (Sec. 5, Rule 8). The
complaint must state with particularity the fraudulent acts of the adverse party. These particulars would necessarily
include the time, place, and specific acts of fraud committed against him.

What is the rule in making averments of malice, intent, knowledge or other conditions of the
mind of a person?
The circumstances constituting such may be averred generally.

What is the rule in pleading an official document or act?

It is sufficient to aver that the document was issued in compliance with law. With respect to an act, it is
likewise sufficient to allege that the act was done also in compliance with law

What is an actionable document?

Referred to as the document relied upon by either the plaintiff and the defendant. (Araneta, Inc. vs. Lyric
Factor Exchange, Inc. 58 Phil 736) E.g. A promissory note in an action for collection of a sum of money.

What are the kinds of specific denials?

1. Absolute denial – defendant specifies each material allegation of fact the truth of which he does not admit
and, whenever practicable, shall set forth the substance of the matters upon which he relies to support his
denial.
2. Partial denial – defendant denies only a part of an averment. In this kind he shall specify so much of it as is
true and material and shall deny only the remainder.
3. Disavowal of knowledge – defendant alleges that he is without knowledge or information sufficient to
form a belief as to the truth of a material averment made in the complaint.

What is the effect of failure to make specific denial?

Material averments except as to the amount of unliquidated damages, not specifically denied are deemed admitted.
If the allegations are deemed admitted, there is no more triable issue between the parties and if the admissions
appear in the answer of the defendant, the plaintiff may file a motion for judgment on the pleadings under Rule 34
(Riano, Civil Procedure: A Restatement for the Bar, p. 324, 2009 ed.)

When a specific denial requires an oath?

1. A denial of an actionable document
2. A denial of allegations of usury in a complaint to recover usurious interest
 What are Affirmative Defenses?
Allegation of a new matter which while hypothetically admitting the material allegations in the pleading would
nevertheless prevent or bar recovery by the claiming party. It is in the nature of confession and avoidance.

Effect of failure to plead

Failure to Plead Defenses and Objections

May defenses not pleaded in a motion to dismiss or in the answer still be raised?
General Rule: No, they are deemed waived.

Exceptions:
These defenses may be raised at any stage of the proceedings even for the first time on appeal (Tijam v.
Sibonghanoy, G.R. No. L21450, Apr. 15, 1968):

1. Lack of jurisdiction over the subject matter; Note: It may however, be barred by laches.
2. Litis pendentia;
3. Res judicata; and
4. Statute of limitations (Sec. 1, Rule 9)

Q (2012): A court can motu proprio dismiss a case on the following grounds,

except:

a) Failure to prosecute;

b) Lack of jurisdiction over the parties;

c) Litis pendentia;

d) Prescription.

SUGGESTED ANSWER:

b) Lack of jurisdiction over the parties

May a compulsory counterclaim or cross-claim not set up in the answer still be raised
subsequently?
General Rule: A compulsory counterclaim or cross-claim not set up in the answer is deemed barred (Sec. 2, Rule 9).

Exception: If the compulsory counterclaim or crossclaim is an after-acquired counterclaim, that is, such claim
matured after filing of the answer, it may be pleaded by filing an amended answer or a supplemental answer or
pleading (Sec. 9, Rule 11).

Default
When a declaration of default is proper?
If the defending party fails to answer within the time allowed therefor, the court shall upon motion of the claiming
party with notice to the defending party, and proof of such failure, declare the defending party in default (Sec. 3,
Rule 9, Rules of Court). (Riano, p. 507, 2005 ed.)

What are the effects of an order of default?

1. The party declared in default loses his standing in court. The loss of such standing prevents him from taking
part in the trial [Sec. 3(a), Rule 9];
2. While the defendant can no longer take part in the trial, he is nevertheless entitled to notices of subsequent
proceedings [Sec. 3 (a), Rule 9]. It is submitted that he may participate in the trial, not as a party but as a
witness; and
3. A declaration of default is not an admission of the truth or the validity of the plaintiff’s claims (Monarch
Insurance v. CA, G.R. No. 92735, June 8, 2000).
4.

Q (2013): In a complaint filed by the plaintiff, what is the effect of the defendant’s failure to file an answer
within the reglementary period? (1%)

(A) The court is allowed to render judgment motu proprio in favor of the plaintiff

(B) The court motu proprio may declare the defendant in default, but only after due notice to the defendant.

(C) The court may declare the defendant in default but only upon motion of the plaintiff and with notice to the
defendant.

(D) The court may declare the defendant in default but only upon motion of the plaintiff, with notice to the
defendant, and upon presentation of proof of the defendant’s failure to answer.

(E) The above choices are all inaccurate.

SUGGESTED ANSWER:
(D) The court may declare the defendant in default but only upon motion of the plaintiff, with notice to the
defendant, and upon presentation of proof of the defendant’s failure to answer.

What are the reliefs from an order of default?

1. After notice of order and before judgment – The defendant must file a verified motion to set aside the order
of default upon proper showing that:

a. His failure to answer was due to fraud, accident, mistake or excusable negligence; and
b. That he has a meritorious defense. [Sec. 3(b), Rule 9] (2000 & 1999 Bar Question)
2. After judgment and before judgment becomes final and executory ,he may file a motion for new trial under
Rule 37. He may also appeal from the judgment as being contrary to the evidence or the law (Talsan
Enterprises, Inc. v. Baliwag Transit, Inc., G.R. No. 169919, Sept. 11, 2009)
3. After the judgment becomes final and executory, he may file a petition for relief from judgment under Rule
38 (Balangcad v. Justices of the CA, G.R. No. 83888, Feb. 12, 1992) (2006, 1998 Bar Question)
4. Where the defendant has however, been wrongly or improvidently declared in default, the court can be
considered to have acted with grave abuse of discretion amounting to lack or excess of jurisdiction and when
the lack of jurisdiction is patent in the face of the judgment or from the judicial records, he may avail of the
special civil action of certiorari under Rule 65 (Balangcad v. Justices of the CA, G.R. No. 83888, Feb. 12,
1992)

Q (2012): A defendant declared in default may, after judgment but before finality, file a:

a) Petition for Relief from Judgment;

b) Petition for Certiorari;

c) Motion for Reconsideration;

d) Motion to Set Aside Order of Default.

SUGGESTED ANSWER:
c) Motion for Reconsideration

Q(2012): A judgment by default can be issued despite an Answer being filed in:

a) Annulment of marriage.

b) Legal separation.

c) Cases where a party willfully fails to appear before the officer who is to take his deposition.

d) Declaration of nullity of marriage.

SUGGESTED ANSWER:

c) Cases where a party willfully fails to appear before the officer who is to take his deposition.

What is the effect of partial default?

General Rule: The court will try the case against all defendants upon the answer of some.

Exception: Where the defense is personal to the one who answered, in which case, it will not benefit those who did
not answer e.g. forgery. (1995 Bar Question)

What is the extent of relief?

The judgment shall not exceed the amount or be different in kind from that prayed for nor award unliquidated
damages [Sec. 3(d), Rule 9]. However, if the court orders submission of evidence, unliquidated damages may be
awarded based on such.

What are the actions where default is not allowed?

1. Actions for annulment;
2. Declaration of nullity of marriage and legal separation [Sec. 3(e), Rule 9]; and
3. In special civil actions of certiorari, prohibition and mandamus where comment instead of an answer is
required to be filed.
 Q(2012): Being declared in default does not constitute a waiver of all rights. However, the following right is
considered waived:

a) Be cited and called to testify as a witness

b) File a motion for new trial

c) Participate in deposition taking of witnesses of adverse party

d) File a petition for certiorari

SUGGESTED ANSWER:

b) File a motion for new trial

Filing and service of pleadings

What papers are required to be filed and served?
Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance,
demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected.
(Sec.4, Rule 13)

What is the significance of paying the docket fees?

A complaint is not considered filed unless the proper amount of the docket fee is paid. Thus, if the proper docket
fee is not paid within the period given by the court, then the action may be dismissed due to failure by the court to
acquire jurisdiction.

Distinguish: Filing and Service of Pleadings

Filing is the act of presenting the pleading or other paper to the clerk of court. (Sec. 2, Rule 13). On the other hand,
service of pleadings is the act of providing a party with a copy of the pleading or paper concerned. (Sec. 2, Rule 13)

Periods of Filing of Pleadings

When should a Responsive Pleading be filed?

Pleading Period to File Reckoning Point

Answer to Complaint 30 calendar days After service of summons unless a
different period is fixed by the court
Answer to third-party complaint 30 calendar days After service of summons
Answer to a complaint amended as a 30 calendar days After service of a copy of the amended
matter of right complaint

(also applies to an amended: counterclaim,

cross-claim, third-party complaint and
complaint-in-intervention as a matter of
right)
Answer of a Foreign Private Juridical 30 calendar days After service of summons
Entity with a Resident Agent or whose
Officers, agents, directors or trustees are
within the Philippines
Permissive Counterclaim 30 calendar days After service of summons

Answer to supplemental complaint 20 calendar days From the notice of the order admitting the
same
Answer to counterclaim 20 calendar days From service

Answer to a complaint amended as a 15 calendar days From notice of the order admitting the
matter of discretion same

(also applies to an amended: counterclaim,

cross-claim, third-party complaint and
complaint-in-intervention as a matter of
discretion)

Rejoinder 15 calendar days From service

Answer of a Foreign Private Juridical 60 calendar days After receipt of summons by such entity
Entity when service of summons is made
on the government official designated by
law to receive the same
Answer by a defendant whose identityNot
or less that 60 calendar days From notice
whereabouts are unknown

Manner of Filing
The filing of pleadings and other court submissions shall be made by:
1) Submitting personally the original to the court;
a) The clerk of court shall endorse on the pleading the date and hour of filing
2) Sending them by registered mail;
3) Sending them by accredited courier; or
a) In the second and third cases, the date of mailing motions, pleadings, and other court submissions,
and payments or deposits, as shown by the post office stamp on the envelope or registry receipt,
shall be the date of their filing, payment, or deposit in court. The envelope shall be attached to the
record.
4) Transmitting them by electronic mail or other electronic means as may be authorized by the Court, in places
where the court is electronically equipped.
a) The date of electronic transmission shall be considered as the date of filing. (Sec. 3, Rule 13)

Q (2012): X filed a complaint with the RTC through ABC, a private letter- forwarding agency. The date of
filing of the complaint shall be:

a) The date stamped by ABC on the envelope containing the complaint.

b) The date of receipt by the Clerk of Court.
c) The date indicated by the receiving clerk of ABC.
d) The date when the case is officially raffled.

SUGGESTED ANSWER:

a) The date stamped by ABC on the envelope containing the complaint. (date of mailing)

Modes of service

Pleadings, motions, notices, orders, judgments, and other court submissions shall be served

a. personally or

b. by registered mail,

c. substituted service (Sec 8, Rule 13)

d. accredited courier,

e. electronic mail,

f. facsimile transmission,
g. other electronic means as may be authorized by the Court, or

h. as provided for in international conventions to which the Philippines is a party. (Sec 5, Rule 13)

A. Personal service

Court submissions may be served by personal delivery of a copy to

a. the party or

b. the party’s counsel, or

c. their authorized representative named in the appropriate pleading or motion, or

d. by leaving it in his or her office with his or her clerk, or with a person having charge thereof.

If no person is found in his or her office, or his or her office is not known, or he or she has no office, then by
leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or counsel's
residence, if known, with a person of sufficient age and discretion residing therein.

Personal service is complete upon actual delivery.

B. Service by registered mail

Service by registered mail shall be made by depositing the copy in the post office, in a sealed envelope, plainly
addressed to the party or to

a. the party’s counsel at his or her office, if known,

b. otherwise at his or her residence, if known,

c. with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after ten (l0)
calendar days if undelivered.

If no registry service is available in the locality of either the sender or the addressee, service may be done by
ordinary mail.
Service by ordinary mail is complete upon the expiration of ten (10) calendar days after mailing, unless the court
otherwise provides. Service by registered mail is complete upon actual receipt by the addressee, or after five (5)
calendar days from the date he or she received the first notice of the postmaster, whichever date is earlier.

C. Substituted Service

If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made by personal or
registered mail, the office and place of residence of the party or his or her counsel being unknown, service may be
made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail.
The service is complete at the time of such delivery. (Sec. 8, Rule 13)

D. Service by accredited courier

Although mentioned as a mode of service under Sec. 5, Rule 13, there is no provision in the Rules
outlining the procedure for service by accredited courier.

Service by accredited courier is complete upon actual receipt by the addressee, or after at least two (2)
attempts to deliver by the courier service, or upon the expiration of five (5) calendar days after the first
attempt to deliver, whichever is earlier.

E. Service by electronic mail, facsimile transmission, or other electronic means

Service by electronic means and facsimile shall be made if the party concerned consents to such modes of service.

Service by electronic means shall be made by sending an e-mail to the party’s or counsel’s electronic mail
address, or through other electronic means of transmission as the parties may agree on, or upon direction of the
court.

Service by facsimile shall be made by sending a facsimile copy to the party’s or counsel’s given facsimile number.
Electronic service is complete at the time of the electronic transmission of the document, or when available, at the
time that the electronic notification of service of the document is sent. Electronic service is not effective or
complete if the party serving the document learns that it did not reach the addressee or person to be served.

Service by facsimile transmission is complete upon receipt by the other party, as indicated in the facsimile
transmission printout.

What is the procedure to be followed if a party changes his or her electronic mail address while the
action is pending?

A party who changes his or her electronic mail address or facsimile number while the action is pending must
promptly file, within five (5) calendar days from such change, a notice of change of e-mail address or facsimile
number with the court and serve the notice on all other parties.

Service through the electronic mail address or facsimile number of a party shall be presumed valid unless such
party notifies the court of any change, as aforementioned. ( Sec 11, Rule 13)

The court may electronically serve orders and other documents to all the parties in the case which shall have the
same effect and validity as provided herein. A paper copy of the order or other document electronically served shall
be retained and attached to the record of the case. (Sec 18, Rule 13)

F. Service as provided for in international conventions

A.O 251-2020 : GUIDELINES ON THE IMPLEMENTATION IN THE PHILIPPINES OF THE

HAGUE SERVICE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL
DOCUMENTS IN CIVIL AND COMMERCIAL MATTERS

The Hague Service Convention shall apply in the Philippines provided the following conditions are present:
a. a document is to be transmitted from one State Party to another State Party;

b. the address of the intended recipient in the receiving State Party is known;

c. the document to be served is a judicial document; and

d. the document to be served relates to a civil or commercial matter. (Sec 2)

Objectives of The Hague Service Convention:

a. To establish a system which, to the extent possible, brings actual notice of the document to be served to the
recipient in sufficient time;

b. to simplify the method of transmission of these documents from the requesting State to the requested State; and

c. to facilitate proof that service has been effective abroad, by means of certificates contained in a uniform model.

The Administrative Order outlines the procedure for Outbound and Inbound Requests for Service. Such guidelines
shall be interpreted with the end in view of expeditiously granting requests for transmission or service abroad of
judicial documents. Where applicable, the provisions of the rules of court, as amended, and other pertinent laws
and rules, shall apply suppletorily to the guidelines.

Service of judgments, final orders or resolutions; service of court-issued orders and other
documents

Judgments, final orders, or resolutions shall be served either personally or by registered mail. Upon ex parte motion
of any party in the case, a copy of the judgment, final order, or resolution may be delivered by accredited courier at
the expense of such party. When a party summoned by publication has failed to appear in the action, judgments,
final orders or resolutions against him or her shall be served upon him or her also by means of publication at the
expense of the prevailing party. (Sec 13, Rule 13)

Conventional service or filing of orders, pleadings, and other Documents

The following orders, pleadings, and other documents must be served or filed personally or by registered mail
when allowed, and shall not be served or filed electronically, unless express permission is granted by the Court:
a. Initiatory pleadings and initial responsive pleadings, such as an answer;

b. Subpoenae, protection orders, and writs;

c. Appendices and exhibits to motions, or other documents that are not readily amenable to electronic scanning
may, at the option of the party filing such, be filed and served conventionally; and

d. Sealed and confidential documents or records.

Presumptive Service

There shall be presumptive notice to a party of a court setting if such notice appears on the records to have been
mailed at least

a. twenty (20) calendar days prior to the scheduled date of hearing and if the addressee is from within the same
judicial region of the court where the case is pending, or

b. at least thirty (30) calendar days if the addressee is from outside the judicial region.

When service is deemed complete?

Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of ten
(10) calendar days after mailing, unless the court otherwise provides.

Service by registered mail is complete upon actual receipt by the addressee, or after five (5) calendar days from
the date he or she received the first notice of the postmaster, whichever date is earlier.

Service by accredited courier is complete upon actual receipt by the addressee, or after at least two (2) attempts to
deliver by the courier service, or upon the expiration of five (5) calendar days after the first attempt to deliver,
whichever is earlier.

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

Proof of Filing

The filing of a pleading or any other court submission shall be proved by its existence in the record of the case.

a. If the pleading or any other court submission is not in the record, but is claimed to have been filed personally,
the filing shall be proven by the written or stamped acknowledgment of its filing by the clerk of court on a copy of
the pleading or court submission;

b. If the pleading or any other court submission was filed by registered mail, the filing shall be proven by the
registry receipt and by the affidavit of the person who mailed it, containing a full statement of the date and place of
deposit of the mail in the post office in a sealed envelope addressed to the court, with postage fully prepaid, and
with instructions to the postmaster to return the mail to the sender after ten (10) calendar days if not delivered.

c. If the pleading or any other court submission was filed through an accredited courier service, the filing shall be
proven by an affidavit of service of the person who brought the pleading or other document to the service provider,
together with the courier’s official receipt and document tracking number.

d. If the pleading or any other court submission was filed by electronic mail, the same shall be proven by an
affidavit of electronic filing of the filing party accompanied by a paper copy of the pleading or other document
transmitted or a written or stamped acknowledgment of its filing by the clerk of court. If the paper copy sent by
electronic mail was filed by registered mail, paragraph (b) of this Section applies.

e. If the pleading or any other court submission was filed through other authorized electronic means, the same
shall be proven by an affidavit of electronic filing of the filing party accompanied by a copy of the electronic
acknowledgment of its filing by the court. (Sec 16, Rule 13)
Proof of Service

Proof of personal service shall consist of a written admission of the party served, or the official return of the server,
or the affidavit of the party serving, containing a statement of the date, place, and manner of service.

If the service is made by:

(a) Ordinary mail. – Proof shall consist of an affidavit of the person mailing stating the facts showing compliance
with Section 7 of this Rule.

(b) Registered mail. – Proof shall be made by the affidavit mentioned above and the registry receipt issued by the
mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof,
the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the
addressee.

(c) Accredited courier service. – Proof shall be made by an affidavit of service executed by the person who brought
the pleading or paper to the service provider, together with the courier’s official receipt or document tracking
number.

(d) Electronic mail, facsimile, or other authorized electronic means of transmission. – Proof shall be made by an
affidavit of service executed by the person who sent the e-mail, facsimile, or other electronic transmission, together
with a printed proof of transmittal. (Sec 17, Rule 13)

Amendment

How are pleadings amended?

By:
1. Adding or striking out an allegation or the name of any party; or
2. Correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other
respect (Sec. 1, Rule 10)

When is amendment considered as a matter of right?

It is considered as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at
any time within ten (10) days after it is served (Sec. 2, Rule 10).

Amendments by leave of court

When is leave of court required?

1. If the amendment is substantial (Sec. 3, Rule 10); and
2. A responsive pleading had already been served (Siasoco v. CA, G.R. No. 132753. Feb. 15, 1999) (1994 Bar
Question)

What is the rule on formal amendments?

A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily
corrected by the court at any stage of the action, at its initiative or on motion, provided no prejudice is caused
thereby to the adverse party (Sec. 4, Rule 10).

Is an amendment necessary to conform to or authorize the presentation of evidence?

No, when issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall
be treated in all respects as if they had been raised in the pleadings. No amendment of such pleadings deemed
amended is necessary to cause them to conform to the evidence.

What is the effect of an amended pleading?

An amended pleading supersedes the pleading it amends. However, admissions in the superseded pleading can still
be offered in evidence against the pleader. Claims or defenses alleged therein but not incorporated or reiterated in
the amended pleading are deemed waived (Sec. 8, Rule 10).

Supplemental Pleadings
 Upon motion of a party, the court may, upon reasonable notice and upon such terms as are just, permit
him or her to serve a supplemental pleading setting forth transactions, occurrences or events which have
happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto
within ten (10) calendar days from notice of the order admitting the supplemental pleading. (Sec 6,
Rule10)

What may be set forth in a Supplemental Pleading?

Transactions, occurrences or events which have happened since the date of the pleading sought to be
supplemented.

Amended Pleading Supplemental Pleading

Refer to the facts existing at the time of filing Refers to facts occurring after the filing of the
of original pleading original pleading

Supersedes the original Merely supplements the original pleading.

May be amended without leave of court before Always with leave of court
a responsive pleading is filed.

Amendment must be appropriately marked. There is no such requirement in supplemental

pleadings

Q (2012): After a hearing on a Motion to Dismiss, the court may either dismiss the case or deny the same or:
a) Defer resolution because the ground relied upon is not indubitable.
b) Order amendment of the pleading
c) Conduct a preliminary hearing
d) None of the above.

SUGGESTED ANSWER:
b) Order amendment of the pleading

Summons

Nature and Purpose of Summons

In relation to Actions in Personam:

1. To acquire jurisdiction over the person of the defendant
2. To satisfy the requirements of procedural due process

In relation to Actions In Rem and Quasi In Rem:

1. To satisfy the requirements of procedural due process

In In Rem and Quasi In Rem Actions, the purpose of serving summons is not to acquire jurisdiction over the
defendant because here, the court need only acquire jurisdiction over the res.

When are summons issued?

General Rule: the court shall direct the clerk of court to issue the corresponding summons to the defendants:

1. within five (5) calendar days from receipt of the initiatory pleading and
2. proof of payment of the requisite legal fees.

Except: when the complaint is on its face dismissible under Section 1, Rule 9.

Contents of summons
The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain:

1. The name of the court and the names of the parties to the action;
2. When authorized by the court upon ex parte motion, an authorization for the plaintiff to serve summons to
the defendant;
3. A direction that the defendant answer within the time fixed by these Rules; and
4. A notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the
relief applied for.

A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original
and each copy of the summons. (Sec2, Rule 14)

What is the duty of counsel of record?

Where the summons is improperly served and a lawyer makes a special appearance on behalf of the defendant to,
among others, question the validity of service of summons, the counsel shall be deputized by the court to serve
summons on his or her client. (Sec. 13, Rule 14)
Return
Within thirty (30) calendar days from issuance of summons by the clerk of court and receipt thereof, the sheriff or
process server, or person authorized by the court, shall complete its service. Within five (5) calendar days from
service of summons, the server shall file with the court and serve a copy of the return to the plaintiff’s counsel,
personally, by registered mail, or by electronic
means authorized by the Rules.

Should substituted service have been effected, the return shall state the following:

1. The impossibility of prompt personal service within a period of thirty (30) calendar days from issue and
receipt of summons;
2. The date and time of the three (3) attempts on at least (2) two different dates to cause personal service and
the details of the inquiries made to locate the defendant residing thereat; and
3. The name of the person at least eighteen (18) years of age and of sufficient discretion residing thereat, name
of competent person in charge of the defendant’s office or regular place of business, or name of the officer
of the homeowners’ association or condominium corporation or its chief security officer in charge of the
community or building where the defendant may be found. (Sec 20, Rule 14)

Voluntary Appearance

The defendant's voluntary appearance in the action shall be equivalent to service of summons.

Note: Under Sec 23, Rule 14, it is also stated that the inclusion in a motion to dismiss of other grounds aside from
the lack of jurisdiction over the person of the defendant shall be deemed a voluntary appearance. However,
in relation to Sec. 12, Rule 15, such appears to be a prohibited motion. It may therefore be argued that either:

a. A motion to dismiss on the ground of lack of jurisdiction over the defendant is dismissible outright for being
a prohibited motion; or
b. A motion to dismiss on the ground of lack of jurisdiction over the defendant is allowed by necessary
implication by virtue of Sec. 23, Rule 14.

Who may serve Summons?

The summons may be served by:

1. The sheriff,
2. His or her deputy, or
3. Other proper court officer, or
 4. The plaintiff in case of failure of service of summons by those aforementioned. The court may authorize him
to serve the summons together with the sheriff.

In cases where summons is to be served outside the judicial region of the court where the case is pending, the
plaintiff shall be authorized to cause the service of summons.

If the plaintiff is a juridical entity, it shall notify the court:

a. in writing,
b. name its authorized representative therein,
c. attaching a board resolution or secretary’s certificate thereto, as the case may be, stating that such
representative is duly authorized to serve the summons on behalf of the plaintiff. (Sec 3, Rule 14)

Q(2012): W, a legal researcher in the RTC of Makati, served summons on an amended complaint on Z at the
latter's house on a Sunday. The service is invalid because:

a) It was served on a Sunday.

b) The legal researcher is not a "proper court officer".

c) (a) and (b) above

d) There is no need to serve summons on an amended complaint.

SUGGESTED ANSWERS:

b) The legal researcher is not a "proper court officer".

What if Summons is returned without being served on all the defendants?

If summons is returned without being served on any or all the defendants, the court

shall order the plaintiff to cause the service of summons by other means available

under the Rules. (Sec 3, Rule 14)

What if the plaintiff misrepresents that service of summons was made?

If the plaintiff misrepresents that the defendant was served summons, and it is later proved that no summons was
served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and the plaintiff shall be
meted appropriate sanctions. (Sec 3, Rule 14)

What is the effect of the failure comply with an order of the court to cause service of Summons?

Failure to comply with the order shall cause the dismissal of the initiatory pleading without prejudice. (Sec 3, Rule
14)

How is Personal Service of Summons made?

Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person and
informing the defendant that:

1. 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)

How is Substituted Service of Summons effected?

If, for justifiable causes, the defendant cannot be served personally after at least three (3) attempts on two (2)
different dates, service may be effected:

a. By leaving copies of the summons at the defendant's residence to a person at least eighteen (18) years of age
and of sufficient discretion residing therein;
 b. By leaving copies of the summons at the defendant's office or regular place of business with some competent
person in charge thereof. A competent person includes, but is not limited to, one who customarily receives
correspondences for the defendant;
c. By leaving copies of the summons, if refused entry upon making his or her authority and purpose known,
with any of the officers of the homeowners’ association or condominium corporation, or its chief security
officer in charge of the community or the building where the defendant may be found; and
d. By sending an electronic mail to the defendant’s electronic mail address, if allowed by the court. (Sec 6,
Rule 14)

Substituted service presupposes that the place where the summons is being served is the defendant's current
residence or office/regular place of business. Thus, where the defendant neither resides nor holds office in the
address stated in the summons, substituted service cannot be resorted to.(EXPRESS PADALA (ITALIA) S.P.A v
Ocampo, G.R. No. 202505, Sept. 6, 2017)

Constructive Service

i. Service upon a defendant where his identity is unknown or whereabouts is unknown

In any action where the defendant is designated as an unknown owner, or the like, or whenever his or her
whereabouts are unknown and cannot be ascertained by diligent inquiry, within ninety (90) calendar days
from the commencement of the action, service may, by leave of court, be effected upon him or her by
publication in a newspaper of general circulation and in such places and for such time as the court may
order.

Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60)
calendar days after notice, within which the defendant must answer. (Sec 16, Rule 14)

ii. Service upon residents temporarily outside Philippines

When any action is commenced against a defendant who ordinarily resides within the Philippines, but who is
temporarily out of it, service may, by leave of court, be also effected out of the Philippines, as under
Extraterritorial Service. (Sec 18, Rule 14)

Extraterritorial service

When the defendant does not reside and is not found in the Philippines, and the action:
 1. affects the personal status of the plaintiff or
2. 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
3. in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest
therein, or
4. the property of the defendant has been attached within the Philippines, service may, by leave of court, be
effected out of the Philippines by:
a. personal service as under Section 6; or
b. as provided for in international conventions to which the Philippines is a party; or
c. by publication in a newspaper of general circulation in such places and for such time as the court
may order, in which case a copy of the summons and order of the court shall be sent by registered
mail to the last known address of the defendant, or in any other manner the court may deem
sufficient.

Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) calendar
days after notice, within which the defendant must answer. (Sec 17, Rule 14)

Service consistent with international conventions

Service may be made through methods which are consistent with established international conventions to which
the Philippines is a party. (Sec 9, Rule 14)

Service upon prisoners

When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him or her by the
officer having the management of such jail or institution who is deemed as a special sheriff for

said purpose. The jail warden shall file a return within five (5) calendar days from service of summons to the
defendant. (Sec 8, Rule 14)

Service upon Spouses

When spouses are sued jointly, service of summons should be made to each spouse individually. (Sec 11, Rule 14)

Service upon Domestic Private Juridical Entities

When the defendant is a corporation, partnership or association organized under the laws of the

Philippines with a juridical personality, service may be made on

1. the president,
2. managing partner,
3. general manager,
4. corporate secretary,
5. treasurer, or
6. in-house counsel of the corporation wherever they may be found,
7. or in their absence or unavailability, on their secretaries.

If such service cannot be made upon any of the foregoing persons, it shall be made upon the person who
customarily receives the correspondence for the defendant at its principal office.

In case the domestic juridical entity is under receivership or liquidation, service of summons shall be made on the
receiver or liquidator, as the case may be.

Should there be a refusal on the part of the persons above-mentioned to receive summons despite at least three (3)
attempts on two (2) different dates, service may be made electronically, if allowed by the court, as provided under
Section 6 of this Rule. (Sec 12, Rule 14)

Service upon Foreign Private Juridical Entities

When the defendant is a foreign private juridical entity which has transacted or is doing business in the

Philippines, as defined by law, service may be made on:

1. its resident agent designated in accordance with law for that purpose, or,
2. if there be no such agent, on the government official designated by law to that effect,
3. or on any of its officers, agents, directors or trustees within the Philippines.
 If the foreign private juridical entity is not registered in the Philippines, or has no resident agent but has transacted
or is doing business in it, as defined by law, such service may, with leave of court, be effected outside of the
Philippines through any of the following means:

a. By personal service coursed through the appropriate court in the foreign country with the assistance
of the department of foreign affairs;
b. By publication once in a newspaper of general circulation in the country where the defendant may
be found and by serving a copy of the summons and the court order by registered mail at the last
known address of the defendant;
c. By facsimile;
d. By electronic means with the prescribed proof of service; or
e. By such other means as the court, in its discretion, may direct. (Sec 14, Rule 14)

Proof of service

i. Proof of Service

The proof of service of a summons shall be made in writing by the server and shall set forth the manner, place, and
date of service; shall specify

a. any papers which have been served with the process and
b. the name of the person who received the same;
c. and shall be sworn to when made by a person other than a sheriff or his or her deputy.

If summons was served by electronic mail, a printout of said e-mail, with a copy of the summons as served, and the
affidavit of the person mailing, shall constitute as proof of service. (Sec 21, Rule 14)

ii. Proof of Service by Publication

If the service has been made by publication, service may be proved by the affidavit of the publisher, editor, business
or advertising manager, to which affidavit a copy of the publication shall be attached and by an affidavit showing the
deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the
defendant by registered mail to his or her last known address. (Sec 22, Rule 14)
  Q(2012): Proof of service of summons shall be through the following, except:

a) Written return of the sheriff;

b) Affidavit of the person serving summons;
c) Affidavit of the printer of the publication;
d) Written admission of the party served.

SUGGESTED ANSWER:

d) Written admission of the party served.

H. MOTIONS
Motions in General

Definition of a Motion
A motion is an application for relief other than by a pleading. 

Distinguish Motion and Pleadings

Pleading Motion

As to purpose To submit a claim or defense for To apply for an order not included
appropriate judgment in the judgment

As to being initiatory May be initiatory Cannot be initiatory

As to time of filing Always filed before judgment Maybe filed even after judgment

Kinds of pleading allowed Only 9 kinds of pleadings are Any application for relief not by a
allowed pleading is a motion

As to form Must be written May be oral when made in open

court or in the course of a hearing
or trial

Contents and Form of Motions

A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by these
Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers.

General Rule: All motions shall be in writing

Except: those made in open court or in the course of a hearing or trial.

A motion made in open court or in the course of a hearing or trial should immediately be resolved in open court, after
the adverse party is given the opportunity to argue his or her opposition thereto.

When a motion is based on facts not appearing on record, the court may hear the matter on affidavits or depositions
presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral
testimony or depositions. (Sec 2, Rule 15)

A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by these
Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers.
(Sec 3, Rule 15)

Litigious and Non-litigious Motions; When Notice of Hearing Necessary

Non-Litigious Motions
Motions which the court may act upon without prejudicing the rights of adverse parties are non-litigious motions.
These motions include:
a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution; f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
h) Other similar motions.

These motions SHALL NOT be set for hearing and shall be resolved by the court within five (5) calendar days from
receipt thereof. (Sec. 4, Rule 15)

Litigious Motions
Litigious motions include:

1. Motion for bill of particulars;

2. Motion to dismiss;
3. Motion for new trial;
 4. Motion for reconsideration;
5. Motion for execution pending appeal;
6. Motion to amend after a responsive pleading has been filed;
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for a writ of demolition;
9. Motion for intervention;
10. Motion for judgment on the pleadings;
11. Motion for summary judgment;
12. Demurrer to evidence;
13. Motion to declare defendant in default; and
14. Other similar motions.

All motions shall be served by personal service, accredited private courier or registered mail, or electronic means so
as to ensure their receipt by the other party.

The opposing party shall file his or her opposition to a litigious motion within five (5) calendar days from receipt
thereof. No other submissions shall be considered by the court in the resolution of the motion.

The motion shall be resolved by the court within fifteen (15) calendar days from its receipt of the opposition thereto,
or upon expiration of the period to file such opposition. (Sec 2, Rule 15)

Notice of hearing on litigious motions; discretionary

The court may, in the exercise of its discretion, and if deemed necessary for its resolution, call a hearing on the
motion. The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the
hearing. (Sec 6, Rule 15)

Can the Court act upon a motion without Proof of Service?

No, no written motion shall be acted upon by the court without proof of service thereof, pursuant to Section 5(b) of
Rule 15. (Sec 7, Rule 15)

Omnibus Motion Rule

Subject to the provisions of section 1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall
include all objections then available, and all objections not so included shall be deemed waived. (Sec 9, Rule 15)

Prohibited Motions

1. Motion to dismiss except on the following grounds:

 a. That the court has no jurisdiction over the subject matter of the claim;
b. That there is another action pending between the same parties for the same cause; and
c. That the cause of action is barred by a prior judgment or by the statute of limitations.
2. Motion to hear affirmative defenses;
3. Motion for reconsideration of the court's action on the affirmative defenses;
4. Motion to suspend proceedings without a temporary restraining order 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; and
6. Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical
inability of the witness to appear and testify. If the motion is granted based on such exceptions, the moving
party shall be warned that the presentation of its evidence must still be terminated on the dates previously
agreed upon.

Requirement for Motions for Postponement

A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official receipt
from the office of the clerk of court evidencing payment of the postponement fee under Section 21(b), Rule 141, to be
submitted either at the time of the filing of said motion or not later than the next hearing date. The clerk of court shall
not accept the motion unless accompanied by the original receipt.

Motions for Bill of Particulars; Purpose and when applied for

Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter
which is not averted with sufficient definiteness or particularity to enable him properly to prepare his responsive
pleading. If the pleading is a reply, the motion must be filed within ten (10) days from service thereof. Such motion
shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired.

A bill of particulars becomes part of the pleading for which it is intended.

Q (2012): X filed a motion for Bill of Particulars, after being served with summons and a copy of the
complaint. However, X’s motion did not contain a notice of hearing. The court may therefore:

a) Require the clerk of court to calendar the motion.

b) Motu proprio dismiss the motion for not complying with Rule 15.

c) Allow the parties the opportunity to be heard.

d) Return the motion to X's counsel for amendment.

SUGGESTED ANSWER:

b) Motu proprio dismiss the motion for not complying with Rule 15.

Actions of the court

Upon the filing of the motion, the clerk of court must immediately bring it to the attention of the court which may
either deny or grant it outright, or allow the parties the opportunity to be heard. 

Compliance with the order and effect of non-compliance

If the motion is granted, either in whole or in part, the compliance therewith must be effected within ten (10) days
from notice of the order, unless a different period is fixed by the court. The bill of particulars or a more definite
statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on
the adverse party. 

Effect on non-compliance
 If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the striking out of the
pleading or the portions thereof to which the order was directed or make such other order as it deems just. 

I. Dismissal of actions

Dismissal with Prejudice

Subject to the right of appeal, an order granting a motion to dismiss or an affirmative defense that the cause of action
is barred by a prior judgment or by the statute of limitations; that the claim or demand set forth in the plaintiff's
pleading has been paid, waived, abandoned or otherwise extinguished; or that the claim on which the action is
founded is unenforceable under the provisions of the statute of frauds, shall bar the refiling of the same action or
claim (Sec 13, Rule 15).

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 the answer
or of a motion for summary judgment. Upon such notice being filed, the court shall issue an order confirming the
dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that 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)

Dismissal upon Motion by plaintiff; Effect on existing counterclaim

Except as provided in the preceding section, 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. If a counterclaim has been
pleaded by a defendant prior to the service upon him of the plaintiffs motion for dismissal, the dismissal shall be
limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to prosecute his
counterclaim in a separate action unless within fifteen (15) calendar days from notice of the motion he manifests his
preference to have his counterclaim resolved in the same action. Unless otherwise specified in the order, a dismissal
under this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without the
approval of the court.  (Sec 2, Rule 17)

Dismissal due to the Fault of plaintiff

If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the
complaint, or to prosecute his action for an unreasonable length of time, or to comply with these Rules or any order of
the court, the complaint may be dismissed upon motion of the defendant or upon the court's own motion, without
prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate action. This dismissal
shall have the effect of an adjudication upon the merits, unless otherwise declared by the court. 

Dismissal of counterclaim, cross-claim or third party complaint

The provisions of this Rule shall apply to the dismissal of any counterclaim, cross-claim, or third-party complaint. A
voluntary dismissal by the claimant by notice as in section 1 of this Rule, shall be made before a responsive pleading
or a motion for summary judgment is served or, if there is none, before the introduction of evidence at the trial or
hearing.

Q(2012): Atty. X fails to serve personally a copy of his motion to Atty. Y because the office and residence of
Atty. Y and the latter's client changed and no forwarding addresses were given. Atty. X's remedy is to:

a) Serve by registered mail;

b) Serve by publication;

c) Deliver copy of the motion to the clerk of court with proof of failure to serve;

d)Certify in the motion that personal service and through mail was impossible.

SUGGESTED ANSWER:

c) Deliver copy of the motion to the clerk of court with proof of failure to serve;
Q(2012): A complaint may be dismissed by the plaintiff by filing a notice of dismissal:

a) At anytime after service of the answer.

b) At anytime before a motion of summary judgment is filed.

c) At the pre-trial.

d) Before the complaint is amended.

SUGGESTED ANSWER:

b) At anytime before a motion of summary judgment is filed.

Q (2012): X, the designated executor of a will, files a petition for probate of the same. X and his counsel failed
to appear without justifiable cause at the hearing on the presentation of evidence and the court therefore
dismissed, motu proprio, his petition for failure to prosecute. The effect of the dismissal is:

a)Not an adjudication upon the merits.

b)The will can no longer be probated.

c)It is a dismissal with prejudice.

d)A bar to a subsequent action on the same cause.

SUGGESTED ANSWER:

c) It is a dismissal with prejudice.

 J. PRE – TRIAL

Concept
To serve as a device to clarify and narrow down the basic issues between the parties to ascertain the facts relative to
those issues. and to tenable the parties to obtain the fullest possible knowledge of the issues and facts before civil
trials and thus prevent the said trial to be carried on in the dark (SBC Memory Aid Pg. 92)

Nature and Purpose:

It is mandatory and should be terminated promptly. (Sec 2 of Rule 118 )

The court shall consider:

(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;
(d) The limitation of the number and identification of witnesses and the setting of trial dates;
(e) The advisability of a preliminary reference of issues to a commissioner;
(f) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a
valid ground therefor be found to exist;
(g) The requirement for the parties to:
1. Mark their respective evidence if not yet marked in the judicial affidavits of their witnesses;
2. Examine and make comparisons of the adverse parties' evidence vis-avis the copies to be marked;
3. Manifest for the record stipulations regarding the faithfulness of the reproductions and the genuineness and due
execution of the adverse parties' evidence;
4. Reserve evidence not available at the pre-trial, but only in the following
manner:
i. For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed
witness;
ii. For documentary evidence and other object evidence, by giving a particular description of the evidence.
No reservation shall be allowed if not made in the manner described above.

(h) Such other matters as may aid in the prompt disposition of the action. The failure without just cause of a party and
counsel to appear during pre-trial, despite notice, shall result in a waiver of any objections to the faithfulness of the
reproductions marked, or their genuineness and due execution.

The failure without just cause of a party and/or counsel to bring the evidence required shall be deemed a waiver of the
presentation of such evidence.
Notice of pre-trial
1. Shall be served on counsel or on the party if he has no counsel.
2. Notice of pre-trial shall include the respective dates for
a. Pre-trial
b. Court-Annexed Mediation
c. JDR, if necessary

Appearance of parties; Effect of Failure to Appear

Mandatory appearance of the parties and their counsel at the pre-trial, court-annexed mediation and judicial dispute
resolution, if necessary.

Appearance of representative on behalf of the party only if fully authorized in writing to enter into amicable
settlement , to submit to ADR, and to enter into stipulations or admissions of facts and documents.

Non-appearance of party and counsel may be excused only for Acts of God, Force Majeure, or duly substantiated
physical inability (Rule 18, Section 4).

If duly notified and without just cause failed to appear when so required, it shall cause the dismissal with prejudice
unless otherwise ordered by the court.

Failure of the defendant and counsel shall cause the court to allow plaintiff to present evidence ex parte upon motion
or motu proprio.

The period to present evidence ex parte shall be within 10 calendar days from termination of the pre-trial.

Court will render judgement based on the evidence offered (Rule 118, Section 5).

Failure without just cause of a party and counsel to appear despite notice shall result in waiver of any objections to
the faithfulness of the reproductions marked, or their genuineness and due execution. (Remedial Law Reviewer,
Riguera 2020)

Absence of counsel for defendants at pre-trial does not ipso facto authorize the judge to declare the defendant as in
default and order the presentation of evidence ex parte (Paredes vs Verano, G.R. No. 164375, October 12, 2006).

If the plaintiff fails to appear at the pre-trial, the court may upon motion dismiss the complaint and allow the
defendant to present evidence ex parte on his counterclaim (Absolute Management Corp vs Metro Bank, G.R. No.
190277, July 23, 2014).

Pre-Trial Brief; Failure to File

A pre –trial brief is a brief required to be filed by the parties before the pre-trial containing among others. (Remedial
Law Reviewer, Riguera 2020)

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.
Contents of the 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;
f. The names of the witnesses, and the summary of their respective testimonies; and
g. A brief statement of points of law and citation of authorities.

It shall file and serve on the adverse party in such a manner to ensure their receipt thereof at least 3 calendar days
from the date of pre-trial. (Remedial Law Reviewer, Riguera 2020).

Failure to file pre-trial brief shall have the same effect as failure to appear at the pre-trial.

As to postponement of presentation of parties’ witnesses

General Rule: Postponement of presentation of the parties witnesses at scheduled date is prohibited.
Exception: if it is based on acts of God, force majeure or duly substantiated physical inability of the witness to appear
and testify. But the party who caused the postponement is warned that the presentation of its evidence must still be
terminated within the remaining dates previously agreed upon.

Failure to appear of the opposing party without valid cause

Presentation of the scheduled witness shall proceed with the absent party being deemed to have waived the right to
interpose objection and conduct cross – examination.

No evidence shall be allowed to be presented and offered during the trial in support of a party’s evidence-in-chief
other than those that had been identified and pre-marked during the pre-trial except if allowed by the court for good
cause shown (AM No. 03-1-09-SC).

Pre-trial Order
Pre-trial order is the order issued by the court within 10 days from the termination of the pre-trial which shall recite in
detail the matters taken up. The contents of the pre-trial order shall control the subsequent proceedings.

The order shall include:

(a) An enumeration of the admitted facts;

(b) The minutes of the pre-trial conference;

(c) The legal and factual issue/s to be tried;

(d) The applicable law, rules, and jurisprudence;

(e) The evidence marked;

(f) The specific trial dates for continuous trial, which shall be within the period provided by the Rules;

(g) The case flowchart to be determined by the court, which shall contain the different stages of the proceedings up to
the promulgation of the decision and the use of time frames for each stage in setting the trial dates;

(h) A statement that the one-day examination of witness rule and most important witness rule under A.M. No. 03-1-
09-SC (Guidelines for Pre-Trial) shall be strictly followed; and

(i) A statement that the court shall render judgment on the pleadings or summary judgment, as the case may be.

The direct testimony of witnesses for the plaintiff shall be in the form of judicial affidavits. After the identification of
such affidavits, cross-examination shall proceed immediately.

Postponement of presentation of the parties’ witnesses at a scheduled date is prohibited, except if it is based on acts of
God, force majeure or duly substantiated physical inability of the witness to appear and testify. The party who caused
the postponement is warned that the presentation of its evidence must still be terminated within the remaining dates
previously agreed upon.

Should the opposing party fail to appear without valid cause stated in the next preceding paragraph, the presentation
of the scheduled witness will proceed with the absent party being deemed to have waived the right to interpose
objection and conduct cross-examination.

The contents of the pre-trial order shall control the subsequent proceedings, unless modified before trial to prevent
manifest injustice.

Distinguish Pre-Trial in Civil Cases from Pre-trial in Criminal Cases

CIVIL CASE CRIMINAL CASE

AS TO MANNER OF COMMENCEMENT
Set when the plaintiff moves ex parte to set the case Ordered by the court and no motion to set the case for
for pre-trial pre-trial is required from either the prosecution or the
defense

AS TO TIME OF COMMENCEMENT

The motion to set the case for pre-trial is made after The pre-trial is ordered by the court after arraignment
the last pleading has been served and filed and within 30 days from the date the court acquires
jurisdiction over the person of the accused

AS TO POSSIBILITY OF AMICABLE SETTLEMENT

Considers the possibility of an amicable settlement as Does not include the considering of the possibility of
an important objective amicable settlement as one of its purpose

AS TO FORM

The agreements and admissions made in the pre-trial All agreements or admissions during the pre-trial
are not required to be signed by both parties and their conference shall be reduced in writing and signed by
counsels both the accused and counsel otherwise, they cannot
AM No 03-1-09-SC now required the proceedings be used against the accused
during the preliminary conference to be recorded in
the Minutes of Preliminary Conference to be signed
by both parties and/or counsel.

AS EFFECT OF THE FAILURE TO APPEAR BY A PARTY

Sanctions for non-appearance in a pre-trial are The sanctions un a criminal case are imposed upon
imposed upon the plaintiff or defendant the counsel for the accused or the prosecutor

AS TO NECESSITY OF PRESENCE OF DEFENDANT

The presence of the defendant is required, unless he is
duly represented at the pre-trial conference by his
counsel with the requisite authority to enter into a
compromise agreement
The accused is merely required to sign the written
agreement arrived at in the pre-trial conference, if he
is in conformity therewith
Hence, unless otherwise required by the court, his
presence therefore is not indispensable.

AS TO THE NECESSITY OF THE PLAINTIFF’S PRESENCE

It is required at the pre-trial unless excuse therefrom
for valid cause or if he is represented therein by a
person fully authorized in writing to perform the acts
specified in Sec 4 of Rule 18.
Absent such justification, the case may be dismissed
with or without prejudice.
The presence of the private offended party is not
required at the pre-trial. Instead, he is only required to
appear at the arraignment of the accused for purposes
of plea bargaining, determination of civil liability and
other matters requiring his presence.
Should he fail to appear therein, and the accused
offers to plead guilty to a lesser offense necessarily
included in the offense charged he may be allowed to
do so with the conformity of the trial prosecutor
alone.

AS TO THE REQUIREMENT OF FILING A PRE-TRIAL BRIEF

 A pre-trial brief is requires with the particulars and The rules do not require the filing of a pre-trial brief
the sanctions provided by Sec 6 of Rule 18. in criminal cases but only require attendance at a pre-
trial conference to consider the matters stated in Sec 2
of Rule 118.

Q(2012): The following motions require a notice of hearing served on the opposite party, except:

a) Motion to Set Case for Pre-trial;

b) Motion to take deposition;
c) Motion to correct TSN;
d) Motion to postpone hearing.

SUGGESTED ANSWER:

a) Motion to Set Case for Pre-trial

K. INTERVENTION

Requisites
1. There must be a motion for intervention filed before rendition of judgement by the trial court
2. The movant must show that he:
a. Has a legal interest in the matter in litigation
b. Has a legal interest in the success of either party
c. Has a legal interest against both of them
d. Is so situated that he will be adversely affected by a distribution or other disposition of
property in the custody of the court or an officer thereof
3. The intervention must not unduly delay or prejudice the adjudication of the rights of the original
parties
4. The intervenor’s rights may not be fully protected in a separate proceeding
5. A copy of the pleading-in-intervention shall be attached to the motion and served on the original
parties.

Time to Intervene
Motion to intervene may be filed at any time before rendition of judgement by the trial court.

General Rule: after a trial and decision in a case, intervention can no longer be permitted.
Exceptions:
1. With respect to indispensable parties, intervention may be allowed even on appeal (Alfelor vs Halasana,
G.R. No. 165987, March 31, 2006)
2. In order to avoid injustice (Ongco vs Dalisay, G.R. No. 190810, July 18, 2012)
3. After judgement where it is necessary to protect some interest which cannot otherwise be protected and may
be allowed for the purpose of preserving the intervenor’s right to appeal.

Remedy for the Denial of Motion to Intervene

If the motion to intervene is denied, file an appeal from the order denying intervention.

L. SUBPOENA
Subpoena Duces Tecum
Used to compel the production of books, records, things or documents therein specified.

Subpoena Ad Testificandum
Use to compel a person to testify.

Service of Subpoena
-Shall be made in the same manner as personal or substituted service of summons.

-A person present in court before a judicial officer may be required to testify as if he were in attendance upon a
subpoena issued by such court or officer.

-A subpoena may be served electronically if express permission is granted by the court (Rule 13, Section 14).

Viatory Right of Witness

is the right of a witness not to be compelled to attend in court under a subpoena if the witness resides more than
100km from his residence to the place where he is to testify by the ordinary course of travel (Rule 21, Section 10).

The court or judge issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue
warrant to arrest the witness and bring him before the court or officer where his attendance is required (Rule 21,
Section 8).
The court also has the power to punish for indirect contempt any person who fails to obey without adequate cause a
subpoena served upon him (Rule 21, Section 9).

Grounds for Quashal of the Subpoena

Subpoena Duces Tecum

1. It is unreasonable and oppressive

2. The relevancy of the books, documents or things does not appear
3. The person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production
thereof.
4. The witness fees and kilometrage allowed by these rules were not tendered when the subpoena was served

Subpoena Ad Testificandum

1. The witness is not bound thereby

2. The witness fees and kilometrage allowed by these Rules were not tendered when the subpoena was served.

N. MODES OF DISCOVERY

What are the different Modes of Discovery?

1. Depositions pending action (Rule 23)

2. Depositions before action or pending appeal (Rule 24)
3. Written Interrogatories (Rule 25)
4. Admission by Adverse Party (Rule 26)
5. Production or inspection of documents or things (Rule 27)
6. Physical and Mental Examination of persons (Rule 28)

Q(2012): As a mode of discovery, the best way to obtain an admission from any party regarding the
genuineness of any material and relevant document is through a:

a) Motion for production of documents.

b) Written interrogatories.
c) Request for admission under Rule 26.
d) Request for subpoena duces tecum.

SUGGESTED ANSWER:
c) Request for admission under Rule 26

What is a Deposition?
A deposition is the written testimony of a witness given in the course of a judicial proceeding, in advance of the trial
or hearing, upon oral examination or in response to written interrogatories and where an opportunity is given for
cross-examination (Republic v. Sandiganbayan, G.R. No. 112710, May 30, 2001).

It is the taking of testimony out of court of any person, whether party to the action or not but at the instance of a party
to the action. It is taken out of court (Riano, Bantam Edition, Volume 1, 2016).

Kinds of Depositions
1. Deposition pending action (Rule 23)
2. Depositions before action or pending appeal (Rule 24)

Depositions Pending Action

The testimony of any person may be taken upon ex parte motion of a party.

Depositions Before Action

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 (Regalado, Remedial Law Compendium, 2010).

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 (Rule 24, Section 7).

Uses; Scope of examination

Depositions are intended as a means to compel disclosure of facts resting in the knowledge of a party or other person,
which are relevant in suit or proceeding (Regalado, Remedial Law Compendium, 2010).

It may be used to contradict or impeach the testimony of deponent as witness.

The deponent may be examined on all matters:

1. Not Privileged;
2. Which are relevant to the subject of pending action made by the pleadings or likely to arise under the pleadings;
and
3. Under such limitations as the court may order

When may Objections to Admissibility be made?

Subject to the provisions of Section 29 of Rule 23, objections may be made at the trial or hearing to receiving in
evidence any deposition or part thereof for any reason which would require exclusion of evidence if the witness were
then present and testifying (Rule 23, Section 6).
When may taking of deposition be Terminated or its scope Limited?
The court in which the action is pending or the Regional Trial Court of the place where the deposition is being taken
may order the officer conducting the examination, on motion or petition of any party or of the deponent to cease
forthwith from taking the deposition or may limit the scope and manner of taking of the deposition, upon showing
that the examination is conducted in :
1. Bad faith;
2. In such manner as unreasonably to annoy, embarrass, or oppress the deponent or party;
3. When the inquiry touches upon the irrelevant or encroaches upon the recognized domains of privilege (Hyatt
Industrial v. Levy Construction, G.R. No. 147143, March 10, 2006); or
4. When the constitutional privileges against self-incrimination is invoked by the deponent or by counsel on his
behalf (Isabela Sugar Co. v. Macadaeg, G.R. No. L-5924, 1953).

Written Interrogatories to Adverse parties

This mode of discovery is availed of by filing and upon the adverse party written interrogatories to be answered by
the party served. If the party is a juridical entity, the written interrogatories shall be answered by any of its officers
competent to testify in its behalf.

The Rule requires that written interrogatories and the answers thereto be filed in court and served on the adverse
party. Hence, the answers may constitute as judicial admissions (Civil Procedure Annotated, Feria, 2010).

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 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.

Effect of Failure to Serve written Interrogatories

As a general rule, a party not served with written interrogatories may not be compelled by the adverse party to give
testimony in open court, or to give deposition pending appeal, unless thereafter allowed by the court for good cause
shown and to prevent a failure of justice (Rule 25, Section 6).

Request for Admission

The purpose of the rule governing requests for admission of facts and genuineness of documents is to expedite trial
and to relieve parties of the costs of proving facts which will not be disputed on trial and the truth of which can be
ascertained by reasonable inquiry (Uy Chao v. Dela Rama Steamship Co., G.R. No. L-14495, September 29, 1962).

A party may file and serve the written request at any time after the issues have been joined.

If the matters in a request for admissions have already been admitted or denied in previous pleadings by the requested
party, the latter cannot be compelled to admit or deny them anew (Metro Manila Shopping Mecca Corp. v. CA, G.R.
No. 190818, June 5, 2013).
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 either:
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 (Rule 26, Section 2).

Consequences of Failure to Answer Request for admission

Upon refusal to answer, the proponent may apply to the court for an order to compel an answer.

If granted, the court shall:

a. require the refusing party or deponent to answer; and
b. if it also finds that the refusal to answer was without substantial justification, it may require the refusing
party or deponent or the counsel advising the refusal, or both of them, to pay the proponent the amount of the
reasonable expenses incurred in obtaining the order including attorney’s fees.

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 sued against him in any other proceeding
(Rule 26, Section 3).

The court may allow the party making the admission under Rule 26 to withdraw and amend it upon such terms as
may be just (Rule 26, Section 4).

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 (Rule 29, Section 5).

Production or inspection of documents or things

This applies only to pending action and the documents or things subject of the motion must be only those within the
possession, control, or custody of a party.

The purpose of this mode of discovery is to allow a party to seek an order from the court in which the action is
pending to:
1. Order any party to 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, photographs, objects or tangible things,
not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his
possession, custody, or control; or
2. Order any party to permit entry upon designated land or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or
operation thereon.
 The order shall specify the time, place and manner of making the inspection and taking copies and photographs, and
may prescribe such terms and conditions as are just.

Physical and mental examination of persons

The order for examination may be made only :
1. In an action in which the mental or physical condition of a party is in controversy (Rule 28, Section 1);
2. On motion;
3. For good cause shown;
4. Upon notice to the party to be examined and to all other parties; and
5. Specify the time, place, manner, conditions and scope of the examination and the person or persons upon whom it
is to be made.

Report of Findings
A copy of the detailed examination report shall be given by the party causing the examination upon request by the
party examined. After such request and delivery, the party causing the examination to be made shall be entitled upon
request to receive from the party examined, a like report of any examination previously or subsequently made, of the
same physical or mental condition.

Refusal to Deliver Reports

The court on motion and notice may make an order requiring delivery on such terms as are just. If a physician fails or
refuse to make such report, the court may exclude his testimony if offered at the trial.

Consequences of refusal to comply with modes of discovery

Rule 29

Modes of Discovery Affected

Section 1. Refusal to Answer
Modes of discovery affected:
1.Depositions upon oral examination (Rule 24);
2.Depositions upon written interrogatories (Rule
24); and
3. Interrogatories to parties (Rule 25). The court finds that the refusal to answer
Section 2. Contempt of Court
Section 3. Other Consequences
A party or other deponent refuses to The
answer
proponent
any may apply for an order to compel
question upon oral examination or an anyanswer.
interrogatory submitted under Rules 23 or
If granted, the court shall require the refusing
party or deponent to answer the question or
interrogatory.
The (or
court
the may require the refusing party or
filing of the application) was without deponent (or proponent), the counsel
substantial justification. advising the refusal (or filing of the
application), or both of them, to pay the
proponent (or refusing party or deponent) :
1. The amount of the reasonable expenses
incurred in obtaining the order (or
opposing the application); and
2. including attorney’s fees.
If a party or other witness refuses to be
Thesworn
refusal
or may be considered a contempt of that
refuses to answer any question after being
court.
directed to do so by the court of the place
in which the deposition is being taken.
Any party or an officer or managing The agent
court
of amay make such orders in regard to the
refusal as are just, and among others the
 party refuses to obey: following:
1. An order made under Section 1 of this Rule
Modes of Discovery affected: requiring him to answer 1.designated
An order that the matters regarding which the
1.Depositions upon oral examination (Rule 24); questions, or questions were asked, or the character or
2. An(Rule
2.Depositions upon written interrogatories order under Rule 27 to produce description
any of the thing or land, or the
24); document or other thing for inspection,contents of the paper, or the physical or
3. Interrogatories to parties (Rule 25). copying, or photographing or to permit mental
it condition of the party, or any other
4. Production or inspection of documents toand be done, or to permit entry upon land
designated
or facts shall be taken to be
things (Rule 27); property; or established for the purposes of the action
5. Physical and mental examination of persons 3. An order made under Rule 28 requiring
in accordance with the claim of the party
(Rule 28). him to submit to a physical or mental obtaining the order;
examination.
2. An order:
a. refusing to allow the disobedient party to
support or oppose designated claims or
defenses; or
b. Prohibiting him from introducing evidence
designated documents or items of
testimony, or from introducing evidence of
physical or mental condition.

3. An order:
a. Striking out pleadingsor parts thereof;
b. Staying further proceedings until the order is
obeyed;
c. Dismissing the action or proceeding or any part
thereof; or
d. 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 a party or agent of a party for
disobeying any of such orders except an
order to submit to a physical or mental
examination.
Section 4. Expenses on Refusal to Admit
A party after being served with a requestHe mayunder
apply to the court for an order requiring
Rule 26 to admit the genuineness of the anyother party to pay him the reasonable
Modes of Discovery affected: document or the truth of any matter of fact:
expenses incurred in making such proof,
Admission by adverse party (Rule 26) 1. Serve a sworn denial thereof; and including attorney’s fees.
2. The party requesting the admissions thereafter
prove the genuineness of such document
Unless the or court finds that there were good
the truth of any such matter of fact. reasons for the denial or that admissions
sought were of no substantial importance,
such order shall be issued.
Section 5. Failure of Party to AttendA or
party
Serve
or an officer or managing agentThe
of acourt
party:on motion and notice may:
Answers
1. Willfully fails to appear before the officer
1. Strike
whoout all or any part or any part of any
 is to take his deposition, after being served
pleading of that party;
Modes of discovery affected: with a proper notice; or 2.Dismiss the action or proceeding or any part
1.Depositions upon oral examination (Rule2. Fails
24); to serve answers to interrogatories thereof;
2.Depositions upon written interrogatories (Rule
submitted under Rule 25 after 3. Enter
proper
a judgment by default against that party;
24); and service of such interrogatories.
3. Interrogatories to parties (Rule 25). 4. Order him, in its discretion to pay reasonable
expenses incurred by the other, including
attorney’s fees.

O. TRIAL

Adjournments and Postponements

A court may adjourn a trial from day to day, and to any stated time, as the expeditious and convenient transaction of
business may require (Rule 30, Section 2).

Limitations on the Authority to Adjourn

General rule: The court has no power to adjourn a trial for a period longer than 1 month for each adjournment; nor
more than 3 months in all.
Exception: When authorized in writing by the Court Administrator, Supreme Court (Rule 30, Section 2)

Postponements
A motion for postponement should not be filed in the last hour especially when there is no reason why it could not
have been presented earlier. (Cañete v. Judge, CFI Zamboanga del Sur, G.R. No. L-21743, May 4, 1968)

Requisites of Motion to Postpone Trial

For absence of evidence

a. A motion for postponement on the ground of absence of evidence must be filed; and
b. Motion must be supported by an affidavit showing the materiality and relevancy of such evidence and that
due diligence has been used to procure it.

For illness of party or counsel

 Motion to postpone trial based on illness of a party or counsel may be granted if accompanied by affidavit or sworn
certification showing:

a. The presence of such party or counsel at the trial is indispensable; and

b. That the character of his or her illness is such as to render his non-attendance excusable (Rule 30, Section 3)

Agreed Statement of Facts

This is known as Stipulation of Facts (SOF) and is among and is among the purposes of a pre-trial (Rule 18, Section 2
(d)).

The parties to any action may agree, in writing, upon the facts involved in the litigation and submit the case for
judgment on the facts agreed upon, without introduction of evidence.

General rule: the agreed stipulation of facts must be in writing.

Exception: The parties may also be bound by agreements made orally before the judge during the pre-trial hearing
because the parties are thereby considered to have made a judicial admission.
An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require
proof (Rule 129, Section 4).

If the parties agree only on some of the facts in issue, trial shall be held as to the disputed facts in such order as the
court shall prescribe (Rule 30, Section 7).

May the stipulation of facts be made orally in criminal cases?

No, the making of an oral stipulation of facts is only allowed in civil cases. In criminal cases, the agreed stipulation of
facts must at all times be in writing signed by both the accused and his counsel; otherwise, the accused could not be
bound thereby (Rule 118, Section 2).

Stipulation of facts are not permitted in actions for annulment of marriage and for legal separation (Article 48, Family
Code)

SOF in Civil Cases SOF in Criminal Cases

By whom signed
Signed by the party but may be signed by the counsel aloneMust
whobe
hassigned
a both by the counsel and the accused
special power of attorney. (Leada v. CA, GR No. 102390,
 February 1, 2002; Nestle Philippines Inc. v. CA, GR No.
102404, February 1, 2002)

May be made verbally or writing Always in writing (Rule 118, Section 2)

Order of Trial; Reversal of Order

Order of trial
General Rule: Trial shall be limited to the issues stated in the pre-trial order and proceed as follows:
a. Presentation of plaintiff’s evidence in chief
b. Presentation of defendant’s evidence in chief and evidence in support of his counterclaim, cross-claim and 3rd-
party complaint
c. 3rd-party defendant shall adduce evidence of his defense, counterclaim, cross-claim, and 4th party complaint
d. 4th-party defendant shall adduce evidence, and so forth
e. Parties against whom any counterclaim or cross-claim has been pleaded shall adduce evidence in support of
their defense, in the order to be prescribed by court
f. Parties may then respectively adduce rebutting evidence only, unless the court permits them to adduce evidence
upon their original case
g. Upon admission of the evidence, the case shall be submitted for decision, unless the court directs parties to
argue or to submit respective memoranda or any further pleading

Note: Such is subject to the provisions of Sec. 2, Rule 31 on separate trials.

Exception: When the court for special reasons otherwise directs. (Rule 30, Section 5)

Reverse order
Where the answer of the defendant admitted the obligation stated in the complaint, although special defenses were
pleaded, the plaintiff has every right to insist that it was forthe defendant to come forward with evidence to support
his special defenses(Yu v. Mapayo, G.R. No. L- 29742, March 29, 1972).

The reasoning behind this is that the plaintiff need not present evidence since judicial admissions do not require proof
(Rule 129, Section 2).

Offer of exhibits
After the presentation of evidence, the offer of exhibits shall be made orally. The objections shall then be made, and
the court shall orally rule on the same. (Rule 30, Section 6)
Consolidation or Severance of Hearing or Trial
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. (Republic v.
Heirs of Oribello, G.R. No. 199501, March 6, 2013)

When Proper
When actions involving a common question of fact or law are pending before the court (Rule 31, Section 1).

General Rule: Consolidation is discretionary upon the court

Exception: Consolidation becomes a matter of duty when the causes are:
1. Pending before the same judge; or
2. Filed with different branches of the same RTC and one of such cases has not been partially tried.
(Raymundo v. Felipe, GR No. L-30887, December 17, 2010)

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. (1 Regalado 392, 2010 Ed.)

Where a case has been partially tried before one judge, the consolidation of the same with another related case
pending before another judge who had no opportunity to observe the demeanor of the witness during trial makes the
consolidation not mandatory. (PCGG v. Sandiganbayan, G.R. No. 102370-71, June 15, 1992)

Requisites for Consolidation

1. Action which involve a common question of fact; and
2. There must be at least two actions pending before the same court
Thus, there need not be identity of the parties nor a common cause of action. What is simp-ly required is the existence
of a common question of fact or law.

May there be a consolidation of cases pending before different branches of the court?
The Rules do not distinguish between cases filed before the same branch or judge and those that are pending in
different branches or before different judges of the same court, in order that consolidation may be proper, as long as
the cases involve the resolution of questions of law or facts in common with each other. (Active Woods Products Co.
Inc. v. CA, G.R. No. 86602, March 26, 1990)
Three Ways of Consolidating Cases
1. 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
2. Actual consolidation – where several actions are combined into one, lose their separate identity, and
become one single action in which judgment is rendered
3. 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. (Republic v. Sandiganbayan, GR No. 152375, December 16,
2011)

Severance contemplates a single action involving a number of claims or causes of action, counterclaims, cross-
claims, third party complaints, or issues which may be separately tried.
The use of the word “may” indicates that consolidation and severance of cases is not mandatory and is within the
sound discretion of the court. (Republic v. Heirs of Oribello, GR No. 199501, March 6, 2013)

When proper: In furtherance of convenience or to avoid prejudice. (Rule 31, Section 2)

When a separate trial of claims is conducted by the court under this section, it may render separate judgments on each
claim. (Rule 36, Section 5)
This provision permitting separate trials presupposes that the claims involved are within the jurisdiction of the court.
When one of the claims is not within its jurisdiction, the same should be dismissed, so that it may be filed in the
proper court. (1 Regalado 394, 2010 Ed.)

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. (Rule 30, Section 9)
Exception: The court may delegate the reception of evidence to its COC in:
a. Default hearings;
b. Ex parte hearings; or
c. Cases where parties agree in writing.

Note: In order to be able to receive evidence, the clerk of court must be a member of the bar. (Rule 30, Section 9)

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. (Rule 30, Section 9)

Trial by Commissioners
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. (Rule 32, Section 1)
Commissioners are to be:
a. Agreed upon by the parties; or
b. Appointed by the court. (Rule 32, Section 1)

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. (Rule 32, Section 2)

Powers of the Commissioner

Before entering upon his duties, the commissioner shall be sworn to a faithful and honest performance thereof. (Rule
32, Section 4)
Subject to the limitations and specifications in the order, the commissioner has and shall exercise the power to:
1. Regulate the proceedings in every hearing before him;
2. Do all acts and take all measures necessary or proper for the efficient performance of his duties under the
order;
3. Issue subpoenas and subpoenas duces tecum;
4. Swear witnesses; and
5. Unless otherwise provided in the order of reference, he may rule upon the admissibility of evidence. (Rule
32, Section 3)
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. (Rule 32, Section 7)

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.
Note: The commissioner shall attach all exhibits, affidavits, depositions, papers and the transcripts, if any, of the
testimonial evidence presented before him. (Rule 32, Section 9)

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. (Rule 32,
Section 10)
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. (Rule 32, Section 10)

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. (Rule 32, Section 11)

Demurrer to Evidence
Definition
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. (Rule 33, Section 1)

Ground
Insufficiency of evidence, that upon the facts and the law the plaintiff has shown no right to relief. (Rule 33, Section
1)

Effect of Denial
If the demurrer is denied, the defendant shall have the right to present his evidence. (Rule 33, Section 1)
The order denying the demurrer to evidence shall not be the subject of an appeal or petition for certiorari, prohibition
or mandamus before judgment. (Rule 33, Section 2)

Note: The remedy then is to proceed to trial, and if the defendant loses, to appeal the judgment and include in the
assigned errors, the denial of the demurrer to evidence.

Effect of Grant
If the demurrer is granted, the case shall be dismissed. (Rule 33, Section 1)
 Note: The grant of a demurrer is considered an adjudication on the merits and the proper remedy would be to appeal
the judgment.

The appellate court should not remand the case for further proceedings but should render judgment on the basis of the
evidence submitted by the plaintiff. (Consolidated Bank and Trust Corp. v. Del Monte Motor Works, Inc., G.R. No.
143338, July 29, 2005)

Waiver of Right to Present Evidence

If the order granting the demurrer is reversed on appeal, the defendant is deemed to have waived his right to present
evidence. (Rule 33, Section 1)

Action on Demurrer to Evidence

A demurrer to evidence shall be subject to the provisions of Rule 15. (Rule 33, Section 2)

Being subject to the provisions of Rule 15, it follows that a demurrer to evidence is 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.

Distinguish: Demurrer to Evidence in a Civil Case and Demurrer to Evidence in a Criminal Case

Demurrer in Civil Case Demurrer in Criminal Case

Anchored upon the failure of the plaintiff to show that hePredicated
is entitledupon prosecution’s insufficiency of evidence. (Rule 119,
to relief, upon the facts and the law. (Rule 33, Section 1) Section 23)
May be filed with or without leave of court (Rule 119, Section 23)
If the demurrer is denied, the defendant does not lose his If the
right
defense
to filed the demurrer with leave of court, the defense may
present his evidence. present evidence upon denial of demurrer.

When without leave of court and the demurrer is denied, the defense
is deemed to have waived the right to present evidence and
thus submits the case for judgment on the basis of evidence
offered by the prosecution.
If the demurrer is granted, the plaintiff may appeal No and appeal
if the is allowed when a demurrer is granted because the
dismissal is reversed, the defendant is deemed to have waived
dismissal is deemed an acquittal. (People v. Tan, G.R. No.
his right to present his evidence. 167526, July 26, 2010)
It is the defendant who invokes demurrer by moving for the The
dismissal
court may, on its own initiative, may dismiss the action after
of the case. giving the prosecution an opportunity to be heard.
The court does not do so on its own initiative.

Judgments and Final Orders

Judgment After Pre-trial
When the court includes in the pre-trial order that the case be submitted for summary judgment or judgment on the
pleadings, judgment shall be rendered within 90 calendar days from termination of pre-trial. (Rule 18, Section 10)
Note: The court may order such motu proprio or upon motion of any party and upon a showing that:
● There be no more controverted facts,
● No more genuine issue as to any material fact,
● There be an absence of any issue, or
● Should the answer fail to tender an issue. (Rule 18, Section 10)

Judgment Without Trial

When trial is unnecessary:
a. Judgment on the Pleadings (Rule 34)
b. Summary Judgment (Rule 35)
c. Upon compromise or amicable settlement, either during pre-trial or during trial (Rule 18, Art. 2028,
Civil Code)
d. Dismissal with prejudice (Rule 15, Section 13; Rule 17, Sections 3 and 5)
e. Under the Rules on Summary Procedure
f. When there is an agreed statement of facts (Rule 30, Section 7)

Judgment on the Pleadings

Judgment on the Pleadings is a judgment rendered by the court if the answer fails to tender an issue, or otherwise
admits the material allegation of the adverse party’s pleading. It will not apply when no answer is filed. It is rendered
without a trial or even without a pre-trial.

The judgment is based exclusively upon the allegations appearing in the pleadings of the parties and the annexes
thereto, if any, without consideration of any evidence aliunde. (GSIS v. Prudential Guarantee and Assurance, Inc.,
GR No. 165585, November 20, 2013)

What is meant by “fails to tender an issue” and “otherwise admits the material allegation of the
adverse party’s pleading?”
The answer would fail to tender an issue if does not comply with the requirements for a specific denial set out in
Section 10 or Section 8 of Rule 8. (Asian Construction Dev’t Corp. v. Sannaedle Co., Ltd., GR No. 181676, June 11,
2014)
The answer admits the material allegations of the adverse party’s pleading by (a) expressly admitting the truth of the
allegations; (b) failing to make a specific denial of the material allegation; or (c) omitting to deal with them at all.
(Fernando Medical Enterprises Inc., GR No. 207970, January 20, 2016)

General Rule: Judgment on the pleadings must be on motion of the claimant

Exception: If at the pre-trial the court finds that a judgment on the pleadings is proper, it may render such judgment
motu proprio. (Rule 18, Section 2)
One who prays for judgment on the pleadings without offering as to the truth of his own allegations and without
giving the opposing party an opportunity to introduce evidence, must be understood to admit all material and relevant
allegations of the opposing party and to rest his motion for judgment on those allegations taken together with such of
his own as are admitted in the pleadings. (Falcasantos v. How Suy Ching, GR No. L-4229, May 29, 1952)

Allegations not deemed admitted by filling of judgment on the pleadings:

1. Irrelevant allegations;
2. Immaterial allegations; and
3. Allegations of unliquidated damages in the complaint (Rule 8, Section 11)
Note: by moving for judgment on the pleadings, plaintiff waives his claim for unliquidated damages. Claim for such
damages must be alleged and proved.

Grounds for Judgment on the Pleadings

1. The answer fails to tender an issue because it does not comply with the requirements of specific denial set
out in Section 10 or 8 of Rule 8.
For example, the complaint is based on an actionable document and the defendant fails to deny the genuineness and
due execution of such document in a verified answer. (Rule 8, Section 8)

2. The answer otherwise admits the material allegations in the complaint, e.g., oral admission during pre-trial,
failure to substantiate affirmative defenses.
Note: The concept of a judgment on the pleadings will not apply when no answer is filed.
Is it proper for the court to render judgment on the pleadings at once when only affirmative defenses are raised in the
answer?

When Availed of By Motion of a Party

The motion shall be subject to the provisions of Rule 15. (Rule 34, Section 2)
From the reference to Rule 15, it follows that a motion for a judgment on the pleadings is considered an allowable
litigious motion. As such, there must be proof of service to the other party who shall have 5 calendar days to file an
opposition. From receipt of such, the court shall have 15 calendar days to resolve the motion.
Note: Any action of the court on a motion for judgment on the pleadings shall not be subject of an appeal or petition
for certiorari, prohibition or mandamus. (Rule 34, Section 2)
Judgment on the pleadings is not proper in the ff. cases:
a. Declaration of Nullity of Marriage;
b. Annulment of marriage; and
c. Legal Separation.
Note: In such cases, the material facts alleged in the complaint shall always be proved (Rule 34, Section 1).

Summary Judgment
A judgment which a court may render before trial, but after both parties have pleaded upon application by one party
supported by affidavits, depositions, or other documents, with notice upon the adverse party who may file an
opposition supported also by affidavits, depositions or other documents, should the court find after summarily hearing
both parties with their respective proofs that there exists no genuine issue between them. (2 Herrera 118, 2007 Ed.,
citing Evangelista v. Mercator Financing Corporation, G.R. No. 148864, August 21, 2003)

Summary Judgment is proper when it appears to the court that:

a. There exists no genuine issue as to any material fact, except as to the amount of damages, and
b. The moving party is entitled to judgment as a matter of law.

Genuine issue - an issue of fact which calls for the presentation of evidence as distinguished from a sham, fictitious,
contrived, or false claim. (Philippine Bank of Communications v. Go, G.R. No. 175514, February 14, 2011)
Test: Whether or not the pleadings, affidavits and exhibits in support of the motion are sufficient to overcome the
opposing papers and to justify the finding that, as a matter of law, that there is no defense to the action, or the claim is
clearly meritorious. (Estrada v. Consolacion, G.R. No. L- 40948, June 29, 1976)

For the Claimant; For the Defendant

When filed
1. If sought by the claimant – only after the answer is served; (Rule 35, Section 1)
2. If sought by the defendant – at any time (Rule 35, Section 2)

Procedure
1. Movant files a motion for summary judgment, citing the supporting affidavits, depositions, or admissions,
and the specific law relied upon.
2. The adverse party may file a comment and serve opposing affidavits, depositions, admissions within 5
calendar days from receipt of the motion.
3. A hearing will be conducted only if ordered by the court
Note: There is no longer a mandatory hearing for the motion due to the amendment of the rules. This is also
consistent with the amendments to Rule 15.
4. Court renders summary judgment.
Note: Any action of the court on a motion for summary judgment shall not be subject of an appeal or petition for
certiorari, prohibition or mandamus. (Rule 35, Section 3)
Note: Damages must still be proven even if not denied. Note language of Sec. 3, Rule 35, “except as to the amount of
damages.”

Bases for Summary Judgment

a. Affidavits
b. Depositions
c. Admissions (Rule 35, Sections 1 & 2)

When the Case Not Fully Adjudicated

Partial summary judgment – applies when for some reason there can be no full summary judgment. Trial should deal
only with the facts not yet specified or established.

Duty of the Court (Rule 35, Section 4)

If on motion for summary judgment, judgment is not rendered upon the whole case or for all the reliefs sought and a
trial is necessary, the court may:
1. Ascertain which material facts exist without substantial controversy and the extent to which the amount of
damages and other reliefs is not in controversy by
a. Examining the pleadings and evidence before it; and
b. Interrogating counsel
2. Make an order which:
a. Specifies which facts ascertained are deemed established; and
b. Directs further proceedings as are just
3. Conduct trial on the controverted facts
Effect: A partial summary judgment is not a final judgment, but merely a pre-trial adjudication that said issues in the
case shall be deemed established for the trial of the case. (Guevarra v. CA, G.R. No. L-49017, August 30, 1983)

Affidavits and Attachments

Form
1. Made on personal knowledge
2. Setting forth such facts as would be admissible in evidence
3. Showing affirmatively that the affiant is competent to testify to the matters stated therein
4. Certified true copies of all papers or parts thereof referenced in the affidavit shall be attached or served with
the affidavit. (Rule 35, Section 5)

Affidavits in bad faith – those presented under this Rule which appear to the court at any time as presented in bad
faith or solely for the purpose of delay. (Rule 35, Section 6)
 Effect of affidavits in bad faith
The court:
1. Shall order the offending party or counsel to pay the other party the amount of reasonable expenses which
the filing of the affidavits caused him to incur; and
2. May, after hearing, adjudge the offending party or counsel guilty of contempt (Rule 35, Section 6).

Distinguish: Judgment on the Pleadings and Summary Judgments

Judgment on the Pleadings (Rule 34) Summary Judgments (Rule 35)

Absence of a factual issue in the case because the answerInvolves
tenders no
an issue, but the issue is not genuine.
issue at all.
Motion for judgment on the pleadings is filed by a claiming
Motion
party like
for summary judgment may be filed by either the claiming or
a plaintiff or a counterclaimant. the defending party.

May be ordered motu proprio by the court (Rule 18, Section

May
10)be ordered motu proprio by the court (Rule 18, Section 10)
Based on the pleadings alone Based on the pleadings, affidavits, depositions and admissions

Contents of a Judgment
In general, the essential parts of a good decision consist of the following:
1. Statement of the case;
2. Statement of facts;
3. Issues or assignment of errors;
4. Court ruling in which each issue is , as a rule, separately considered and resolved; and
5. Dispositive portion (fallo)
The ponente may also opt to include an introduction or a prologue as well as an epilogue, especially in cases in which
controversial or novel issues are involved. (Velarde v. Social Justice Society, G.R. No. 159357, April 28, 2004)

Conflict between Disposition and Opinion of the Court

General rule: The general rule is that where there is conflict between the dispositive portion or the fallo and the body
of the decision, the fallo controls.
Note: This Rule applies only when the dispositive part is definite, clear, and unequivocal (Union Bank v.
Pacific Equipment Corporation, G.R. No. 172053, October 6, 2008).
Exception: Where the inevitable conclusion from the body of the decision is that there was a mistake in the
dispositive portion, the body of the decision will prevail. (Rosales v. CA, G.R. No. 137566, February 28, 2001)

Rendition of Judgments and Final Orders

Rendition of Judgment
Pronouncement of the judgment in open court does not constitute rendition of judgment. It is the filing of the signed
decision with the COC that constitutes rendition. Even if the judgment has already been put in writing and signed, it
is still subject to amendment if it has not yet been filed with the COC. (Ago v. CA, G.R. No. L-17898, October
31,1962)

Promulgation of Judgment
Promulgation is the process by which a decision is published, officially announced, made known to the public or
delivered to the COC for filing, coupled with notice to the parties or their counsel. (2 Herrera 151, 2007 Ed., Neria v.
Commissioner of Immigration, G.R. No. L-24800, May 27, 1968)

Period for Rendition

All cases filed must be decided or resolved by the Supreme Court within 24 months from the date of their submission
for decision.
Unless reduced by the SC, within 12 months for lower collegiate courts and within 3 months for all other lower
courts. (Article VIII of the Constitution, Section 15)
A case is deemed submitted for resolution upon the filing of the last pleading, brief or memorandum required by the
Rules of Court or by the court. (Article VIII of the Constitution, Section 15)
An extension of the period may be set by the SC upon request by the judge concerned on account of heavy caseload
or by other reasonable excuse. Without an extension, a delay in the disposition of cases is tantamount to gross
inefficiency on the part of the judge. (Arap v. Mustafa, SCC-01-7, March 12, 2002)

Entry of Judgment and Final Order

The entry of judgment refers to the physical act performed by the clerk of court in entering the dispositive portion of
the judgment in the book of entries of judgment after the same has become final and executory. (1 Riano 615, 2014
Bantam Ed.)

When entered: If no appeal, or motion for new trial or reconsideration is filed within the time provided in the Rules,
the judgment or final order shall forthwith be entered by the clerk in the book of entries of judgments (Rule 36,
Section 2)

Note: The date of finality of the judgment or final order shall be deemed to be the date of its entry. (Rule 36, Section
2) This is regardless of the date when the physical act of entry was done. (1 Riano 615, 2014 Bantam Ed.)

Contents of record in the book of entries:

a. Dispositive part of the judgment or final order
b. Signature of the clerk; and
c. Certification that such judgment or final order has become final and executory. (Rule 36, Section
Final judgment rule
General rule: Once a decision or order becomes final and executory, it is removed from the power or jurisdiction of
the court which rendered it to further alter or amend it. (Siliman University v. Fontelo-Paalan, G.R. No. 170948, June
26, 2007)
Under the doctrine of immutability of judgments, a judgment that has attained finality can no longer be disturbed.
The reason is two-fold:
a. To avoid delay in the administration of justice, and to make orderly the discharge of judicial business; and
b. To put an end to judicial controversies at the expense of occasional errors. (1 Riano 538-539, 2011 Ed.)

Exceptions:
a. Correction of clerical errors (Filipinas Palmoil Processing, Inc. v. Dejapa, G.R. No. 167332, February 7,
2011)
b. Nunc pro tunc entries (Filipinas Palmoil Processing, Inc. v. Dejapa, G.R. No. 167332, February 7, 2011)
c. Whenever circumstances transpire after finality of the decision, rendering its execution unjust and
inequitable (Apo Fruits Corp. v. Land Bank of the Phils., G.R. No. 164195, April 5, 2011)
d. In cases of special and exceptional nature, when it is necessary in the interest of justice to direct
modification in order to harmonize the disposition with the prevailing circumstances. (Industrial Timber Corp. v.
Ababon, G.R. No.164518, Janauary 25, 2006)
e. In case of void judgments (FGU Insurance v. RTC Makati, G.R. No. 161282, February 23, 2011)
f. Where there is a strong showing that a grave injustice would result from an application of the Rules
(Almuete v. People, G.R. No. 179611, March 12, 2013)
g. When there are grounds for annulment of judgment or petition for relief (Gochan v. Mancao, G.R. No.
182314, November 13, 2013)

R. POST-JUDGMENT REMEDIES

Motion for a new trial or reconsideration

Under the new rules, Motion for new trial and motion for reconsideration are litigious motions.
note: all litigious motions shall be served by personal service, accredited private courier or registered mail, or
electronic means so as to ensure their receipt by other party. (sec. 5, rule 15, revised rules on civil procedure)

Grounds for Motion for new trial:

The aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial for one or
more of the following causes materially affecting the substantial rights of said party:
1) Fraud, Accident, Mistake, or Excusable Negligence (FAMEN) and by reason of which such aggrieved party
has probably been impaired in his rights; or
2) newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at
the trial, and which if presented would probably alter the result. (rule 37, sec. 1)
Note: a motion for new trial shall include all grounds then available and those not so included shall be deemed
waived. A second motion for new trial, based on a ground not existing nor available when the first motion was made,
may be filed within the time provided in the rules excluding the time during which the first motion had been pending.
(Rule 37, sec.5)
 Grounds for motion for reconsideration:
The aggrieved party may move for reconsideration upon the following grounds:
1) damages awarded are excessive
2) the evidence is insufficient to justify the decision or final order; or
3) that the decision or final order is contrary to law (Rule 37, Section 1)

When to file
Within the period for taking an appeal (Rule 37, Section 1)

Denial of the motion; effect

An order denying a motion for new trial or reconsideration is NOT appealable, the remedy being an appeal from the
judgment or final order (Rule 37, Section 9).

Grant of the motion; effect

When motion for new trial is granted, on the ground of FAMEN, the original judgment or final order shall be vacated
and the action shall stand for trial de novo. The recorded evidence taken upon the former trial,in so far as the same is
material and competent to establish the issues shall be used at the new trial without retaking the same.

When motion for new trial is granted, on the ground of newly discovered evidence, there is no need to conduct a trial
de novo. The case will be opened only for the purpose of admitting new evidence (Rule 37, Section 6)

Note: a motion for reconsideration, if based on the sae grounds as that of new trial, is considered a motion for new
trial and has the same effect.

Remedy when motion is denied, fresh 15-day period rule

An order denying a motion for new trial or reconsideration is NOT appealable, the remedy being an appeal from the
judgment or final order (Rule 37, Section 9).

Fresh 15-day Period Rule

The aggrieved party has a “fresh period” of 15 days FROM RECEIPT OR NOTICE OF THE ORDER DENYING
MOTION FOR RECONSIDERATION OR NEW TRIAL within which to file his appeal.

Note: Fresh 15-day period rule was taken from the earlier case of Neypes v. CA wherein the SC set aside the denial
of a notice of appeal which was purportedly filed 5 days late. With the fresh period rule, the 15 day period to file the
notice of appeal was counted from the notice of the denial of the motion for reconsideration.

Note: In the case of San Lorenzo Builders v. Bayang the SC held that the Neypes doctrine is not applicable in
administrative cases.

Appeals in General
Judgments and final orders subject to appeal
Appealable cases:
1) Judgments or final orders that completely disposes of the case; and
2) a particular matter in a judgment declared by the rules to be appealable (Rule 41, Section 1)
Matters not appealable
Non-appealable cases:
1) an order denying a petition for relief or any similar motion seeking relief from judgment;
2) an interlocutory order;
3) an order disallowing or dismissing an appeal;
4) an order denying a motion to set aside a judgment by consent, confession or compromise on the
ground of fraud, mistake or duress, or any other ground vitiating consent;
5) an order of execution;
6) a judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross-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. (Rule 41, Section 1)

Remedy against judgments and orders which are not appealable

1) Special civil action of certiorari or prohibition if the court acted without or in excess of jurisdiction or with
grave abuse of discretion amounting to lack or excess of jurisdiction; or
2) mandamus if there is unlawful neglect or refusal to perform a duty enjoined by law. (Rule 65)

Modes of appeal
Ordinary appeal
The appeal to the CA in cases decided by the RTC in the exercise of its ORIGINAL JURISDICTION shall be taken
by filing a NOTICE OF APPEAL with the court which rendered the judgment or final order appealed from and
serving a copy thereof upon the adverse party.

No record on appeal shall be required, except in special proceedings and other cases of multiple or separate appeals
where the law or these rules so require.

Petition for Review

The appeal to the CA in cases decided by the RTC in the exercise of its APPELLATE JURISDICTION shall be by
petition for review in accordance with rule 42.

Petition for review on certiorari

In all cases where only questions of law are raised or involved, the appeal shall be to the SC by petition for review on
certiorari in accordance with rule 45.

Issues to be raised on appeal

In ordinary appeal - it is taken to the CA on questions of fact or mixed questions of facts and law, where judgment
was rendered by the RTC in the exercise of its ORIGINAL JURISDICTION

In petition for review under rule 42 - it is brought to the CA on question of fact, of law, or mixed questions of fact
and law, where judgment was decided by the RTC in the exercise of its APPELLATE JURISDICTION
In petition for review on certiorari under rule 45 - it is brought to the SC only on questions of law, where judgment
was rendered by RTC in the exercise of its ORIGINAL JURISDICTION

According to the ROC, sec. 15, rule 44, whether or not the appellant has filed a motion for new trial in the court
below, he may include in his assignment of errors any question of law or fact that has been raised in the court below
and which is within the issues framed by the parties.

Note: Notwithstanding the provisions of this section, the appellant’s brief must raise BOTH questions of law AND
fact if the mode of appeal availed of is appeal under Rule 41.

If the appellant only wishes to submit questions of law for review, then the mode of appeal should be through a
petition for review on certiorari to the supreme court under rule 45

If the appeal under Rule 41 is made to the CA and it only raises questions of law, it would be considered as an
IMPROPER APPEAL and it may be dismissed outright.

General rule: Issues raised for the first time on appeal and not raised in the proceedings in the lower court are barred
by estoppel (Imani v. Metropolitan Bank & Trust Co., G.R. No. 187023, November 17, 2010).
Exceptions:
1) Lack of jurisdiction over the subject matter
2) When there are jurisprudential developments affecting the issues;
3) An issue not properly raised during trial when there is a plain error; and
4) when the issues raised present a matter of public policy (Del Rosario v. Bonga, G.R. No. 136308, January
23, 2001)

Period of Appeal
Period of ordinary appeal
The appeal shall be taken within:
1) 15 days from notice of judgment or final order appealed from.
2) Where a record on appeal is required, the appellants shall file a notice of appeal and record on appeal within
30 days from notice of the judgment or final order.
3) an appeal in habeas corpus cases shall be taken within 48 hours from notice of the judgment or final order
appealed from.

The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension
of time to file a motion for new trial or reconsideration shall be allowed.

Perfection of appeal
Party’s appeal is deemed perfected:
1) a party’s appeal by notice of appeal is deemed perfected as to him, upon the filing of the notice of appeal in
due time.
2) a party’s appeal by record on appeal is deemed perfected as to him, with respect to the subject matter
thereof, upon the approval of the record on appeal filed in due time (Rule 41, Section 9)

Effect of a perfected appeal

 1) in appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals
filed in due time and the expiration of the time to appeal of other parties.
2) in appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the
approval of the records on appeal filed in due time and the expiration of the time to appeal of the other
parties. (Rule 41, Section 9)

In either case, prior to the transmittal of the original record or the record on appeal, the court may

1. issue orders for the protection and preservation of the rights of the parties which do not involve any matter
litigated by the appeal
2. approve compromises
3. permit appeals of indigent litigants
4. order execution pending appeal in accordance with rule 39
5. allow withdrawal of the appeal (Rule 41, Section 9)

Appeal from judgments or final orders of the Metropolitan Trial Courts/ Municipal Trial Courts/
Municipal Trial Courts in Cities/ Municipal Circuit Trial Courts
An appeal from a judgment or final order of a MTC may be taken to the RTC exercising jurisdiction over the area to
which the former(MTC) pertains.

The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further
referred to as the appellant and the adverse party as the appellee (Rule 40, Section 1)

When to appeal
15 days after notice to the appellant of the judgment or final order appealed from. Where a record on appeal is
required, the appellant shall file a notice of appeal and record on appeal within 30 days after notice of the judgment or
final order.

How to appeal
The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed
from.

The notice of appeal shall indicate:

1. The parties to the appeal

2. The judgment or final order or part thereof appealed from
3. state the material dates showing the timeliness of the appeal

Appeal from orders dismissing case without trial; lack of jurisdiction:

 a) if an appeal is taken from an order of the lower court dismissing the case without a trial on the merits, the
RTC may affirm or reverse it, as the case may be.
In case of affirmance and the ground is lack of jurisdiction over the subject matter, the RTC, if it has
jurisdiction thereover, shall try the case on the merits as if the case was originally filed with it.
In case of reversal, the case shall be remanded for further proceedings.
b) if the case was tried on the merits by the lower court without jurisdiction over the subject matter, the RTC on
appeal shall NOT dismiss the case if it has original jurisdiction thereof, but shall decide the case, without
prejudice to the admission of amended pleadings and additional evidence in the interest of justice (Rule
40,Section 8).

Appeal from judgments or final orders of the Regional Trial Court

An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter
therein when declared by these rules to be appealable.

No appeal may be taken from:

1) an order denying a petition for relief or any similar motion seeking relief from judgment;
2) an interlocutory order;
3) an order disallowing or dismissing an appeal;
4) an order denying a motion to set aside a judgment by consent, confession or compromise on the
ground of fraud, mistake or duress, or any other ground vitiating consent;
5) an order of execution;
6) a judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross-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.

Mode of appeal:
1) Ordinary appeal- appeal to the CA in cases decided by the RTC in the exercise of its original jurisdiction
shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from.
2) Petition for review- the appeal to the CA in cases decided by the RTC in the exercise of its appellate
jurisdiction shall be by petition for review under rule 42.
3) Appeal by certiorari- in all cases where only questions of law are raised, the appeal shall be to the SC by
petition for review on certiorari, where the case is decided by the RTC in its original jurisdiction.

Period For Filing:

a) ordinary appeal- the appeal shall be taken

i. within 15 days from notice of judgment or final order appealed from
ii. within 30 days from notice of judgment or final order, where a record on appeal is required
iii. within 48 hours, in appeals in habeas corpus cases
b) petition for review under rule 42-
The petition shall be filed and served within 15 days from notice of the decision sought to be reviewed or of the
denial of the petitioner’s motion for new trial or reconsideration filed in due time after judgment.
Upon proper motion and payment of full amount of the docket and other lawful fees and the deposit for cost before
the expiration of the reglementary period, the CA may grant an additional period of 15 days ONLY within which to
file petition for review. No further extension shall be granted except for the most compelling reason and in no case to
exceed 15 days.

c) petition for review on certiorari under rule 45- (same in b except that sc may grant extension of 30 days
only, not 15)

The petition shall be filed within 15 days from notice of the decision sought to be appealed from or of the denial of
the petitioner’s motion for new trial or reconsideration filed in due time after judgment.

Upon proper motion and payment of full amount of the docket and other lawful fees and the deposit for cost before
the expiration of the reglementary period, the SC may, for justifiable reasons, grant an additional period of 30 days
ONLY within which to file petition for review.

Appeal from judgments or final orders of the Court of Appeals, Sandiganbayan, Court of Tax Appeals
A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals,
Sandiganbayan, The Court of Tax Appeals may file with the Supreme Court a verified petition for review on
certiorari.

The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall
raise only questions of law, which must be distinctly set forth.

The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at
any time during its pendency. (Rule 45, Section 1)

Note: The enactment of RA 9282, which took effect on April 23, 2004, elevated the rank of the Court of Tax Appeals
to the level of collegiate court, making it a co-equal body of the Court of Appeals.

A party adversely affected by a decision of the CTA en banc may file with the SC a verified petition for review on
certiorari pursuant to Rule 45 (Duty Free PHL v. BIR, G.R. No. 197228, October 8, 2014).

General rule: The petition shall raise only questions of law which must be distinctly set forth.
Exceptions: Petition for review on certiorari under Rule 45 from a judgment in a petition for a:
1) writ of Amparo
2) writ of Habeas data
3) writ of Kalikasan
In these cases the petition may raise questions of law or fact or both.
General rule: The Supreme Court is not a trier of facts and is not to review the evidence on record. Findings of the
trial court, as affirmed on appeal by the CA are conclusive to the SC (Boston Bank of the PHL v. Manalo, G.R. No.
158149, February 9, 2006)
Exceptions:
1) When the finding is grounded entirely on speculations, surmises or conjecture;
2) when inference made is manifestly absurd, mistaken or impossible;
3) When the judgment is premised on a misrepresentation of facts;
4) when there is grave abuse of discretion in the appreciation of facts;
5) when the findings of fact are conflicting;
6) when the findings of fact are conclusions without citation of specific evidence in which they are based;
7) the findings of fact of the CA is premised on the supposed evidence and is contradicted by the evidence on
record;
8) When the CA in making its findings went beyond the issues of the case and the same is contrary to both the
admissions of the appellants and appellees;
9) When the findings of fact of the CA are at variance with those of the trial court, the SC has to review the
evidence in order to arrive at the correct findings on the record;
10) When certain material facts and circumstances have been overlooked by the trial court which, if taken into
account, would alter the result of the case in that they would entitle the accused to acquittal; and
11) When the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by
the respondents (Asian Terminals Inc. v. Simon Enterprises, G.R. No. 177116, February 27, 2013)

Time for filing; extension:

The petition shall be filed within 15 days from notice of the judgment or final order or resolution appealed from, or of
the denial of the petitioner’s motion for new trial or reconsideration.
On motion duly filed and served, with full payment of the docket and other lawful fees and the deposit for costs
before the expiration of the reglementary period, the SC may for justifiable reasons grant extension of 30 days ONLY
within which to file the petition. (Rule 45, Section 2)

Contents of the petition:

The petition shall be filed in 18 copies with the original copy intended for the court being indicated as such by the
petitioner and shall:
1) State the full names of the appealing party as the petitioner and the adverse party as respondent, without
impleading the lower courts or judges either as petitioners or respondents;
2) Indicate the specific material dates showing that it was filed on time (Material data rule)
3) Set forth concisely a statement of the:
a) matters involved; and
b) Reasons or arguments relied upon for the allowance of the appeal
4) Accompanied by clearly legible duplicate original or certified true copy of the judgment or final order or
resolution; and
5) contain a certificate of non-forum shopping. (Rule 45, Section 4)

Dismissal or denial of petition:

The SC may dismiss petition on the ground of:
1) failure of the petitioner to comply with:
a) the payment of the docket or other lawful fees;
b) deposit for costs;
c) proof of service;
d) the contents of and the documents which would accompany the petition.
The SC may deny, motu proprio, the petition if:
1) appeal is without merit;
2) the questions raised therein are too unsubstantial to require consideration; or
3) appeal is prosecuted manifestly for delay (Rule 45, Section 5)

Rule 45 is applicable to both civil and criminal cases, except in criminal cases where the penalty imposed is death,
reclusion perpetua or life imprisonment.

Review of final judgments or final orders of the Commission on Audit and of the Commission on
Elections

The Judgments, final orders, or resolution must be issued in the exercise of adjudicatory power or quasi-judicial
power of the:
1) COMELEC
2) COA (Rule 64, Section1)

Mode of review
A judgment or final order or resolution of the COMLEC and the COA may be brought by the aggrieved party to the
SC on certiorari under Rule 65. (Rule 64, Section 2)

Time to file petition

The petition shall be filed within 30 days from notice of judgment or final order or resolution sought to be reviewed.
The filing of motion for reconsideration or for new trial shall interrupt the period. If the motion is denied, the
aggrieved party may file the petition within the remaining period, but which shall not be less than 5 days in any event
reckoned from notice of denial (Rule 45, Section 3).

note: the fresh period rule is NOT applicable. The constitution expressly requires that the COMELEC’s rules of
procedure should expedite the disposition of election cases.
Note: GR: Motion for reconsideration is a pre-requisite, failure to file a MR before the issuing forum (COMELEC or
COA as the case may be) results in the dismissal of the petition
Exception:
1) to prevent miscarriage of justice;
2) need for relief is extremely urgent and certiorari is the only adequate remedy;
3) The decision or resolution is a nullity;
4) when the issue involves the principle of social justice or the protection of labor (ABS-CBN v. COMELEC,
G.R. No. 133486, January 28, 2000).

Effect of Filing
General Rule: The filing of a petition for certiorari shall not stay the execution of the judgment, final order or
resolution sought to be reviewed.
Exception: Unless the SC shall direct otherwise upon such terms as it may deem just.
The petitioner may apply for a TRO or a writ of preliminary injunction from the SC to stay the execution of the
judgment or final order or resolution sought to be reviewed.
Review of final judgments or final orders of the Civil Service Commission
An appeal from the judgment or final order of the Civil service commission shall be taken to the Court of Appeals
whether the appeal involves question of fact, of law or mixed questions of fact and law, within 15 days from notice of
the award, judgment, final order or resolution (Rule 43).

note: Rule 64 does not apply to Judgments, final order or resolutions of the CSC, congress enacted RA No. 7902
eliminating such recourse to the SC and transferring the revising power to the CA over all adjudications of the CSC.

Review of final judgments or final orders of the Ombudsman

The CA has jurisdiction over orders, directives and decision of the office of the Ombudsman in ADMINISTRATIVE
DISCIPLINARY CASES ONLY. It cannot therefore, review orders, directives or decisions of the office of the
Ombudsman in criminal and non-administrative cases (Golangco v. Fung, G.R. No. 147640, October 12, 2006)

Note: It is suggested however, that the provisions of Rule 43 should apply only to ordinary quasi judicial agencies
and not to the office of the ombudsman, which is a high constitutional body. The SC see no reason for this distinction
for, if hierarchical rank should be considered, it will disregard the fact that rule 43 even includes Office of the
president and the CSC (Fabian v. Desierto, G.R No. 129742, September 16, 1998).

In criminal cases, the ruling of the ombudsman shall be elevated to the SC by way of Rule 65. The supreme court’s
power of review over resolutions and orders of the office of the ombudsman is restricted ONLY to determining
whether grave abuse of discretion has been committed by it. The court is not authorized to correct every error or
mistake of the office of the ombudsman other than grave abuse of discretion (Salvador v. Mapa, G.R. No. 135080,
November 28, 2007)

Review of final judgments or final orders of the NLRC

Rule 43 does not apply to judgment or final orders issued under the Labor Code of the Philippines.

Judgments and final orders or resolutions of the NLRC are reviewable by the Court of Appeals in an original action
for certiorari under Rule 65 (St. Martin Funeral Homes v. NLRC, G.R. No. 130866, September 16, 1998).

Review of final judgments or final orders of quasi-judicial agencies

Rule 43- Appeals from the CTA and the Quasi-judicial agencies to the CA

Scope:
Appeals from awards, judgments, final orders, or resolutions of or authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions
These agencies include:
1) The CSCS
2) Central Board of Assessment appeals
3) SEC
4) Office of the president
5) Land registration Authority
6) Social security Commission
 7) Civil aeronautics Board;
8) Bureau of patents, trademarks and technology transfer
9) National electrification administration
10) Energy regulatory Board
11) National telecommunications Commission
12) Department of agrarian reform
13) GSIS
14) Employees compensation commission
15) Agricultural inventions board
16) Insurance commission
17) Philippine Atomic Energy commission
18) Board of investments
19) Construction Industry Arbitration Commission
20) Voluntary arbitrators authorized by law (Rule 43, Section 1).

The list is not exclusive.

Notes:
Resolution of the Secretary of the DOJ is not appealable under Rule 43. Recourse should be to the president, instead
of CA, under the principle of exhaustion of administrative remedies (Orosa v. Roa, G.R. No. 140423, July 14, 2006)

The office of the president’s cancellation and/ or revocation of a mining firm’s Financial or technical assistance
agreement is purely administrative in nature and not an exercise of quasi-judicial authority. Thus, rule 43 is not
available (Narra Nickel Mining Corp. v. Redmont Mines Corp., G.R. No. 195580, April 21, 2014).

The act of the DENR secretary in approving SRMI’s application and entering into a mineral production sharing
agreement is not an exercise of its quasi-judicial power, hence it cannot be reviewed by the CA whether by petition
for review under Rule 43 or special civil action for certiorari under Rule 65 (Basiana Mining Exploraion Corp. v.
Secretary of DENR, G.R. No. 191705, March 7, 2016)

The PRC is not expressly mentioned under section 1 of rule 43, However, its absence from the enumeration does not,
by this fact alone, imply its exclusion from the coverage of the said rule. The phrase “among these agencies”
confirms that the enumeration is not exclusive (Cayao-Lasam v. Sps. Ramolete, G.R. No. 159132, December 18,
2008).

Cases not covered:

This does not apply to judgments or final orders under the Labor Code of the Philippines (Rule 43, Section 3).
Where to appeal:
under rule 43, appeal may be taken to the CA within the period and in the manner herein provided, whether the
appeal involves questions of fact, of law, or mixed questions of fact and law (rule 43, sec. 3)

Period of Appeal:
15 days from:
1) notice of the award, judgment, final order or resolution; or
2) date of last publication, if publication is required by law for its effectivity; or
3) Denial of petitioner’s MNT or MR (note: only 1 MR shall be allowed)

The CA may grant additional 15 days ONLY within which to file the petition for review, upon proper motion and
payment in full of docket fees.
No further extension shall be granted except for the most compelling reason and in no case shall exceed 15 days
(Rule 43, Section 3).

How appeal taken:

1) by filing a verified petition for review in 7 legible copies;
2) with proof of service of a copy thereof on the adverse party and on the court or agency a quo;
3) pay to the clerk of court of CA docket and other lawful fees; and
4) deposit the sum of 500 for costs. (Rule 43, Section 6)

Failure of the petitioner to comply with the foregoing requirements shall be sufficient ground for dismissal thereof
(Rule 43, Section 7).

Action on the petition:

The CA may:
a) require the respondent to file a comment on the petition, not a motion to dismiss, within 10 days from notice, or
b) dismiss the petition if
i. it finds the same to be patently without merit,
ii. prosecuted manifestly for delay, or
iii. that the questions raised therein are too insubstantial to require consideration. (rule 43, sec.8)

Effect of appeal:
General Rule: appeal shall not stay the award, judgment, final order or resolution sought to be reviewed.
Exception: when the CA shall direct otherwise upon such term as it may deem just.

Relief from judgments, orders and other proceedings

Grounds for availing of the remedy
1. Petition for relief form judgments, orders and other proceedings
 When a judgment or final order is entered, or any other proceeding is thereafter taken against a party
in any court through fraud, accident, mistake or excusable negligence (FAME), he may file a petition
in such court and in the same case, praying that the judgment, order or proceeding be set aside.

2. Petition for relief from denial or appeal

When a judgment or final order is rendered by any court in a case, and a party thereto, by fraud,
accident, mistake or excusable negligence, has been prevented from taking an appeal, he may file a
petition in such court and in the same case praying that the appeal be given due course (Rule 38,
Section 1).

Time to file petition

A petition for relief must be filed within 60 days from the time that the petitioner learns of the judgment, final order
or other proceeding to be set aside and within 6 months from the time that the judgment or final order was entered
(Rule 38, Section 3).

Note:
60-6 Rule
It is filed within 60 days after knowledge of the judgment AND not more than 6 months after entry of such judgment.

The date of entry of judgment is the date of finality of judgment or final order.

The double period required under sec. 3 of rule 38 is jurisdictional and should be strictly complied with.
A petition for relief from judgment filed beyond the reglementary period must be dismissed outright. (Madarang v.
Sps. Morales, G.R. No. 199238, June 9, 2014)

Contents of petition
Form and contents of the petition:
1) the petition must be verified;
2) the petition must be accompanied by an affidavit of merit showing the FAMEN relied upon; and
3) the affidavit of merit accompanying the petition must also show the facts constituting the petitioner’s good
and substantial cause of action or defense, as the case may be. (Rule 38, Section 3)

Notes:
Affidavit of merit - is one which recites the nature and character of FAMEN on which the motion is based and the
facts showing the petitioner’s good and substantial cause of action or defense.
- it serves as the jurisdictional basis for the court to entertain a petition for relief. However, it is not fatal
defect to warrant denial of the petition so long as the facts required to be set out also appear in the verified
petition.
- Instances when an affidavit of merit is NOT necessary:
1) when there is no jurisdiction over the defendant;
 2) when there is no jurisdiction over the subject matter;
3) where judgment was taken by default
4) where judgment was entered by mistake or was obtained by fraud; or
5) other similar cases.

Relief from judgments, orders and other proceedings

Grounds for availing of the remedy
(FAME)
1. Extrinsic Fraud
2. Accident
3. Mistake
4. Excusable Negligence

What is being prayed for in a petition for relief from judgment?

To set aside the judgment, final order, or other proceeding by reason of Fraud, Accident, Mistake or Excusable
Negligence.

When can a party file the petition?

It can be filed within 60 days after the petitioner learns of the judgment, final order, or other proceeding to be set
aside and not more than 6 months after such judgment or final order was entered, or such proceeding was taken.

What if he learns of the judgment within the 60-day period but the 6-month period has already
lapsed, can he still avail of this remedy?
No, the two periods must concur. The periods given are mandatory and will be strictly construed I favor of the
movant or of the party who will avail of this remedy.

What are the requirements as to form and contents of the petition?

a. The petition must be verified
b. It must be accompanied by affidavits of merit showing FAME and
c. The facts constituting the petitioner’s goof and substantial cause of action

Grounds for annulment judgments or final orders and resolutions

1. Extrinsic Fraud
2. Lack of Jurisdiction
3. Lack of Due Process (Santiago v Ceniza, G.R. No. L-17322 June 30, 1962) Sec. 2, Rule 47:

Period to file action

If based on extrinsic fraud - action must be filed within 4 years from its discovery

If based on Lack of Jurisdiction- before it is barred by laches or estoppel (Sec. 3, Rule 47)

Effects of judgment of annulment

A  judgment of annulment shall set aside the questioned judgment or final order or resolution and render the same
null and void, without prejudice to the original action being refiled in the proper court. However, where the judgment
or final order or resolution is set aside on the ground of extrinsic fraud, the court may on motion order the trial court
to try the case as if a timely motion for new trial had been granted therein. (Sec. 7, Rule 47)
Collateral attack of judgments
Distinguish between a Direct attack and a Collateral attack against a judgment.
A direct attack against a judgment is made through an action or proceeding the main object of which is to annul set
aside, or enjoin the enforcement of such judgment, if not yet carried into effect; or, if the property has been disposed
of, the aggrieved party may sue for recovery.

A collateral attack is made when, in another action to obtain a different relief, an attack on the judgment is made as
an incident in said action. This is proper only when the judgment, on its face, is null and void, as where it is patent
that the court which rendered said judgment has no jurisdiction. (Co vs. CA, 196 SCRA 705)

S. EXECUTION, SATISFACTION, AND EFFECT OF JUDGMENT

Difference between finality of judgment for purposes of appeal; for purposes of execution
The term “final” when used to describe a judgment may refer to:
a. A judgment that disposes of a case in a manner that leaves nothing more to be done by the court in respect
thereto. Since such judgment has the effect of ending the litigation, an aggrieved party may then appeal from the
judgment within the period to appeal; or

b. A judgment that is no longer appealable because the period provided for appeal has already lapsed without a
party having perfected an appeal or if there has been appeal, it has already been resolved by a highest possible
tribunal. (PCGG vs. Sandiganbayan, 455 SCRA 526) Once entry of the final judgment has already been made in
the book of entries, it is now immutable, final, and may be subject to execution.

When execution shall issue

When may a judgment be subject to execution?
Upon the expiration of the period to appeal therefrom or 15 days from notice of the order or judgment if no appeal
has been duly perfected.

When is execution a matter of right?

1. When the judgment has attained finality.

“Execution shall issue as a matter of right, or motion, upon a judgment or order that of the action or proceeding
upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.” (Sec 1, Rule 39)

Once the judgment has attained finality, it becomes immutable and becomes a matter of right on the part of
the prevailing party to have such judgment executed.

2. When the appellate court affirms the trial court’s judgment

When there is an appeal instituted by one of the parties and the case is reviewed on appeal, but the judgment
or resolution is affirmed by the appellate court, the petition for relief should be applied in the court of origin.
 3. In cases under Sec 4 where the judgments are immediately executory (summary judgments and small claims
cases judgments)

What are other judgments that are immediately executory aside from those mentioned in Sec 4?
1. Judgments for cases governed by the rules on summary procedure
2. Ejectment cases (can be stayed by filing a supersedeas bond)
3. Small claims cases judgments (cannot be stayed by a bond because it cannot be the subject of appeal)
4. Judgments based on compromise
5. Inspection of books and accounts
6. Decisions of quasi-judicial agencies

Discretionary execution
When is execution a matter of discretion?
In cases of execution pending appeal - It is when the judgment has not yet attained finality but there are good reasons
that would warrant execution pending appeal.

Requirements in order that discretionary execution may issue:

1. Motion by the prevailing party with notice to the adverse party.

2. Good reasons to be stated in the special order after due hearing.

Note: Under the 2020 Rules, it is now discretionary upon the court to call a hearing on a litigious motion,
including a motion for execution pending appeal.

What is meant by “Good Reasons”?

Good reasons are those which constitute superior circumstances demanding urgency which will outweigh the injury
or damages should the losing party secure the reversal of the judgment. (Ong v. Court of Appeals, 203 SCRA 38)

May discretionary execution be stayed?

Yes, discretionary execution issued under the preceding section may be stayed upon approval by the proper court of a
sufficient supersedeas bond filed by the party against whom it is directed, 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. The bond thus given
may be proceeded against on motion with notice to the surety. (Sec 3., Rule 39)

How a judgment is executed

Execution shall issue as a matter of right, or motion, upon a judgment or order that disposes of the action or
proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.
If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of
origin, on motion of the judgment obligee, submitting therewith 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.
The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin
to issue the writ of execution (Rule 39, Section 1).
Execution by motion or by independent action

For executions as a matter of right, is there a period within which the prevailing party may have the
judgment executed by motion?
A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced by
action. After 5 years from the date of entry, the judgment may still be enforced not by motion but by independent
action. (Sec 6., Rule 39) They must first file a petition to revive the judgment because after 5 years the judgment
becomes dormant. It can no longer be enforced or executed by mere motion.

Reason: Article 1144 of the Civil Code which states that an action based upon a judgment must be brought within 10
years from the time the right of action accrues.

Venue: An action upon a judgment must be brought either in the same court where said judgment was rendered or in
the place where the plaintiff or defendant resides, or in any other place designated by the statutes which treat of the
venue of actions in general.

Thus, the proper venue depends on the determination of whether the present action for revival of judgment is a real
action or a personal action. Applying the rules on venue, if the action for revival of judgment affects title to or
possession of real property, or interest therein, then it is a real action that must be filed with the court of the place
where the real property is located. If such action does not fall under the category of real actions, it is then a personal
action that may be filed with the court of the place where the plaintiff or defendant resides (Aldeguer v Gemelo, GR
NO L-46045, July 31, 1939).

Issuance and contents of a writ of execution

How is a writ of execution issued?

The writ of execution shall:

(1) issue in the name of the Republic of the Philippines from the court which granted the motion;

(2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and

(3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms, in the
manner hereinafter provided:

(a) If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest, out
of the real or personal property of such judgment obligor;

(b) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees,
tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest, out of such property;

(c) If it be for the sale of real or personal property to sell such property describing it,
and apply the proceeds in conformity with the judgment, the material parts of which shall be recited in the
writ of execution;
 (d) If it be for the delivery of the possession of real or personal property, to deliver the possession of the
same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits covered
by the judgment out of the personal property of the person against whom it was rendered, and if sufficient
personal property cannot be found, then out of the real property; and

(e) In all cases, the writ of execution shall specifically state the amount of the interest, costs, damages, rents,
or profits due as of the date of the issuance of the writ, aside from the principal obligation under the
judgment. For this purpose, the motion for execution shall specify the amounts of the foregoing reliefs
sought by the movant (Rule 39, Section 8).

Execution of Judgments for money

Outline the procedure for enforcement of execution of judgments for money

1. Immediate payment on demand - 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. the judgment obligor shall
pay in cash, certified bank check payable to the judgment obligee, or any other form of payment
acceptable to the judgment oblige. If the judgment oblige or his duly authorized representative is present
at the time of payment, the judgment obligor shall pay directly to the judgment obligee or
representative. Otherwise, the judgment obligor shall deliver the payment to the executing sheriff.

2. Satisfaction by levy- if payment cannot be made under NO. 1, the officer shall levy upon the properties
of the judgment obligor giving the latter the option to immediately choose which property or part
thereof maybe levied upon, sufficient to satisfy the judgment. If the judgment obligor does not exercise
the option, the officer shall first levy on the personal properties, if any, and then on the real properties if
the personal properties are insufficient to answer for the judgment.

3. Garnishment of debts and credits - the officer may levy on the debts due the judgment obligor and other
credits, including bank deposits, financial interests, royalties, commissions and other personal property
not capable of manual delivery in the possession or control of third parties. Levy shall be made by
serving notice upon the person owing such debts or having in his possession or control such credits to
which the judgment obligor is entitled. The garnishee shall make a written report to the court within 5
days from service of the notice of garnishment. The garnished amount in cash, or certified bank check
issued in the name of the judgment oblige 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. (Sec 9, Rule 39; Primer Reviewer or Remedial Law, Riguera,
2020 Edition)

Execution of Judgments for Specific acts

(a) Conveyance, delivery of deeds, or other specific acts; vesting title. — If a judgment directs a party to
execute a conveyance of land or personal property, or to deliver deeds or other documents, or to
perform, any other specific act in connection therewith, and the party fails to comply within the time
specified, 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. If
real or personal property is situated within the Philippines, the court in lieu of directing a conveyance
thereof 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.
 (b) Sale of real or personal property. — If the judgment be for the sale of real or personal property, to sell
such property, describing it, and apply the proceeds in conformity with the judgment.

(c) Delivery or restitution of real property. — 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 three (3) working days, and restore possession thereof to
the judgment obligee, 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. Any costs, damages,
rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money.

(d) 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 upon special order of the court,
issued upon motion of the judgment obligee after the hearing and after the former has failed to remove
the same within a reasonable time fixed by the court.

(e) Delivery of personal property. — In judgment for the delivery of personal property, the officer shall
take possession of the same and forthwith deliver it to the party entitled thereto and satisfy any
judgment for money as therein provided. (Sec 10, Rule 39)

Execution of Special Judgments

Special Judgments
These are those which do not involve money or specific acts; Performance of any act which a person must personally
do because his personal qualifications and circumstances have been taken into consideration. Note However, that the
judgment should not require the performance of a service otherwise it would be tantamount to involuntary servitude.
(Primer Reviewer or Remedial Law, Riguera, 2020 Edition)

Effect of levy on third persons

What is the effect of levy on execution as to 3rd persons?
The levy on execution shall create a lien in favor of the judgment obligee over the right, title, an interest of the
judgment obligor in such property at the time of the levy, subject to such liens and encumbrances then existing. (Sec
12, Rule 39) In cases of land, the writ of execution shall be registered with the register of deeds in order to affect third
persons. (Secs 69,74, and 113(d), PD No 1529; Reviewer for Remedial Law, Riguera 2020

Properties exempt from execution

What are those exempt from execution?
Except as otherwise expressly provided by law, 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 housekeeping, and used for that purpose by the judgment
obligor and his family, such as the judgment obligor may select, of a value not exceeding one hundred
thousand pesos;
(f) Provisions for individual or family use sufficient for four months;
(g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers,
surveyors, clergymen, teachers, and other professionals, not exceeding three hundred thousand pesos in
value;
(h) One fishing boat and accessories not exceeding the total value of one hundred thousand pesos 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.

But no article or species of property mentioned in this section shall be exempt from execution issued upon a judgment
recovered for its price or upon a judgment of foreclosure of a mortgage thereon. (Rule 39, Section 13).

When must these exemptions be claimed?

It must be claimed at the time the sheriff is effecting levy and garnishment; otherwise these are deemed waived.

In the case of exemption of the family home, the same may be raised before the sale of the property. (Reviewer for
Remedial Law, Riguera, 2020)

Proceedings where property is claimed by third persons; in relation to third party claim in
attachment and replevin

Third- Party Claim under Sec 16, Third- Party Claim under Sec 14, Third- Party Claim under Sec 7,
Rule 39 Rule 57 (Preliminary Attachment) Rule 60 (Replevin)

1. The third Party shall make an affidavit showing his title to or right of possession over the property,
stating the grounds thereof.
2. He shall serve the affidavit upon the levying officer and a copy upon the judgment oblige.

3.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 indemnity the third-
party claimant in a sum not less
than the value of the property levied
on.
3.The sheriff shall not be bound to
keep the property under attachment,
unless the attaching party or his
agent, on demand of the sheriff,
shall file a bond approved by the
court to indemnify the third-party
claimant in a sum not less than the
value of the property levied upon.
3.The sheriff shall not be bound to
keep the property under replevin or
deliver it to the applicant unless the
applicant or his agent, on demand
of said sheriff, shall file a bond
approved by the court to indemnify
the third-party claimant in a sum
not less than the value of the
 property under replevin.

4.The sheriff shall not be liable for damages, for the taking or keeping of such property, to any such third-party
claimant if such bond shall be filed.
5. A claim for damages for the taking or keeping of the property may be enforced by the third party against the
bond provided he files an action within 120 days from filing of the bond.

(Reviewer or Remedial Law, Riguera, 2020 Edition)

What is the difference between a third-party claim form a third-party complaint?

Third-Party Claim Third-Party Complaint

Merely an affidavit a pleading

Is filed by a stranger Is filed by a party

Does not require leave of court Requires leave of court

(Reviewer for Remedial Law, Riguera 2020)

Rules on redemption

Who may redeem real property sold?

(a) The judgment obligor; or his successor in interest in the whole or any part of the property;

(b) A creditor having a lien by virtue of an attachment, judgment or mortgage on the property sold, or on some part
thereof, subsequent to the lien under which the property was sold. Such redeeming creditor is termed a
redemptioner. (Sec 27, Rule 39)

Periods of redemption in execution sale of real property

1. The judgment obligor, whether exercising a first or subsequent registration, has a period of 1 year from the
date of the registration of the certificate of sale within which to redeem the property. Once he redeems, there
shall be no further redemption. In no case may the judgment obligor redeem beyond the one year period.
 2. The redemptioner exercising first redemption has the first redemption has the same 1 year period within
which to redeem.

3. The redemptioner exercising a subsequent redemption has a period of 60 days after the last redemption
within which to redeem. The redemptioner may redeem even beyond the 1 year period provided it is within
60 days after the last redemption (Rule 39, Section 28 & 29) (Reviewer for Remedial Law, Riguera 2020)

May personal property sold at execution be redeemed?

No, the right of redemption is only available in case of real property sold at execution. There is no right of
redemption in case of personal property.

Distinguish between Right of Redemption and Equity of Redemption

Right of Redemption Equity of Redemption

The right of the judgment obligor, after the execution sale
Thatby provided for judicial foreclosure of real estate mortgage
the sheriff, to redeem the property within 1 year fromunder the Rule 68. Redemption may not be less than 90 days but
registration of the certificate of sale in no case more than 120 days.

What are the remedies available to the judgment oblige in aid of execution?

1. Examination of judgment of obligor when the judgment is returned unsatisfied- in case the judgment is
returned unsatisfied, the judgment obligee is entitled to an order from the court which rendered the
judgment, requiring the judgment obligor to appear and be examined concerning his property and income
and proceedings may be had for the application of the property and income of the judgment obligor towards
the satisfaction of the judgment. (Sec 36, Rule 39)

2. Examination of obligor of judgment obligor - the court may by order require the obligor of the judgment
obligor to appear before the court or commissioner appointed by it for examination. The person indebted to
the judgment obligor may pay the sheriff holding the writ of execution the amount of his debt and this shall
constitute a sufficient discharge of the debt. (Sec 37 &39, Rule 39)

3. Order for application of property and income to satisfaction of judgment – 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 he pay the judgment in fixed
monthly installments, and upon his failure to pay any such installment when due without good excuse, may
punish him for contempt. (Rule 39, Section 40)

4. 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 obligor, not exempt
from execution. (Rule 39, Section 41) (Reviewer for Remedial Law, Riguera, 2020)
 Effects of Judgment or Final Orders
Res Judicata under Section 47 has two aspects:

Bar by prior judgment (Res Judicata)- In other cases, the judgment or final order is, with respect to the matter
directly adjudged or as to any other matter that could have been raised in relation thereto, conclusive between the
parties and their successors in interest, by title subsequent to the commencement of the action or special proceeding,
litigating for the same thing and under the same title and in the same capacity; and

Conclusiveness of judgment- In any other litigation between the same parties or their successors in interest, that
only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been
so adjudged, or which was actually and necessarily included therein or necessary thereto.

Bar by Prior Judgment (Res Judicata) Conclusiveness of Judgment

This bars the institution of a subsequent action. What has Disputes or matters already adjudged by the court cannot be
been litigated can longer be re-litigated in a subsequent action.
raised by any party to a case in a different case subsequently
filed which may involve a different cause of action.

Invoked when a subsequent case is based on the same cause

Can be invoked if there are two pending cases which are not
of action. based on the same cause of action but there may have been an
issue that was already adjudged or could have been adjudged
or raised but were not so raised. These matters are conclusive
upon the parties in the previous case.
Res Judicata Requisites: Conclusiveness of Judgment Requisites:

1. The former judgment must be final; 1. The former judgment must be final;
2. It must have been rendered by a court having 2. It must have been rendered by a court having
jurisdiction over the subject matter and the parties; jurisdiction over the subject matter and the parties;
3. It must be a judgment on the merits; and 3. It must be a judgment on the merits; and
4. There must be, between the first and the second 4. The subsequent action is based on a different
actions: cause of action.
a. Identity of parties
b. Identity of subject
c. Identity of cause of action

Enforcement and effect of foreign judgments or final orders

Section 48. Effect of foreign judgments or final orders. — The effect of a judgment or final order of tribunal of a
foreign country, having jurisdiction to render the judgment or final order is as follows:

(a) In case of a judgment or final order upon a specific thing, the judgment or final order, is conclusive upon the title
to the thing, and
 (b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a
right as between the parties and their successors in interest by a subsequent title.

In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the
party, collusion, fraud, or clear mistake of law or fact. 

General Rule: A foreign judgment cannot have effect in our jurisdiction if it has not been recognized. Before a
foreign judgment can be recognized in our jurisdiction, there must be a petition for recognition of foreign judgment.

Which court had jurisdiction to hear a petition for recognition of foreign judgment?
The RTC because it is one incapable of pecuniary estimation.

What about a petition for recognition of a Foreign Decree of Divorce? Family courts or Regular
Courts?
Regional Trial Courts.

Can these foreign judgments be attacked?

Not as to the merits, but that foreign judgment can be questioned on the ground that it was
a. rendered without jurisdiction on the part of the foreign court,
b. that there was collusion between the parties, or
c. that there was fraud in obtaining the judgment.

Can a husband or wife of a prior marriage can file a petition to recognize a foreign judgment
nullifying the subsequent marriage between his or her spouse and a foreign citizen on the ground of
bigamy?
Yes, since the recognition of a foreign judgment only requires proof of fact of the judgment, it may be made in a
special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of the Rules of Court.
Rule 1, Section 3 of the Rules of Court provides that “[a] special proceeding is a remedy by which a party seeks to
establish a status, a right, or a particular fact.” Rule 108 creates a remedy to rectify facts of a person’s life which are
recorded by the State pursuant to the Civil Register Law or Act No. 3753.

Rule 108, Section 1 of the Rules of Court states:

Sec. 1. Who may file petition. — Any person interested in any act, event, order or decree concerning
the civil status of persons which has been recorded in the civil register, may file a verified petition for
the cancellation or correction of any entry relating thereto, with the Regional Trial Court of the province
where the corresponding civil registry is located.

Fujiki has the personality to file a petition to recognize the Japanese Family Court judgment nullifying the marriage
between Marinay and Maekara on the ground of bigamy because the judgment concerns his civil status as married to
Marinay. For the same reason he has the personality to file a petition under Rule 108 to cancel the entry of marriage
between Marinay and Maekara in the civil registry on the basis of the decree of the Japanese Family Court. (Minoru
Fujiki v Marinay, G.R. No. 196049, June 26, 2013)

Petitions for Recognition of Foreign Judgment on Divorce may proceed provided petitioners complied with the
requirements as to form and filed it in the appropriate venue.
Summary for Venue:
If it is a Petition for the correction of entries with a petition for recognition of foreign judgment– filed in the RTC
having jurisdiction over the civil registry which has custody of the documents to be corrected;

If it is a petition for recognition of foreign judgment only, without a prayer for correction – it can be filed in the RTC
of the place where the petitioner may be found. Venue is personal

IV.PROVISIONAL REMEDIES

A. NATURE AND PURPOSE

Nature of Provisional Remedies

They are temporary, auxiliary, and ancillary remedies available to a litigant for the protection and preservation of
his rights while the main action is pending. They are writs and processes which are not main actions and are
dependent for their application on the existence of a principal action. (1 Regalado 684, 2010 Ed.)

They are interim, ancillary and provisional.

NOTE: Injunction can be a main action if it seeks to permanently enjoin the defendant through a final injunction
(not preliminary) issued by the court and contained in the judgment (PEZA v. Carantes, et al., G.R. No. 181274,
June 23, 2010).

Orders granting or denying provisional remedies are merely interlocutory and cannot be the subject of an appeal.
They may however be challenged before a superior court through a petition for certiorari under Rule 65. (Pahila-
Garrido v. Tortogo, et. al., G.R. No. 156358, August 17, 2011)

Provisional remedies under the Rules of Court:

1. Preliminary Attachment (Rule 57)
2. Preliminary Injunction (Rule 58)
3. Receivership (Rule 59)
4. Replevin (Rule 60)
5. Support (Rule 61)

The provisional remedies in civil actions may be availed of in connection with the civil aspect of a criminal case,
insofar as there are applicable (Rule 127, Section 1).

NOTE: The enumeration above is not exclusive. The court may invoke its equity jurisdiction and order the
appropriate reliefs during the pendency of an action. (Reyes v. Lim, G.R. No. 134241, August 11, 2003)

Other provisional remedies:

1. Temporary Protection Order (TPO) (RA 9262, Anti-Violence Against Women and Their Children; Rule on Writ
of Amparo)
2. Witness Protection Order (WPO) (RA 6981; Rule on the Writ of Amparo)
3. Inspection Order (IO) (AM 07-9-12, Rule on Writ of Amparo)
4. Production Order (PO) (AM 07-9-12, Rule on Writ of Amparo)
5. Administration of Common Property (AM 02-11-12, Rule on Provisional Orders)
6. Inspection, Examination of Accounts and Freeze Order (RA 9372, Human Security Act)
7. Freeze Order under RA 9160 as amended by RA 9194 (Anti-Money Laundering Act)
8. Seizure and Sequestration of Accounts and Assets (RA 9372, Human Security Act)
9. Restriction of Travel (RA 9372, Human Security Act)
10. Stay Order (AM 00-8-10, Rules of Procedure on Corporate Rehabilitation)
11. Hold Departure Order (Criminal cases under Circular 39-97 and Family cases under AM 02-11-12)
12. Temporary Visitation Rights (AM 02-11-12, Rule on Provisional Orders)
13. Guardian Ad Litem of Child (AM 02-1-19, Rule on Involuntary Commitment of Children)
14. Temporary Custody of Child (AM 01-1-19 and AM 02-11-12)
15. Spousal and Child Support (AM 02-11-12, Rule on Provisional Orders)

Purpose of Provisional Remedies

a. To preserve or protect litigants’ rights or interests during the pendency of the
principal action;
b. To secure the judgment;
c. To preserve the status quo of the things subject to the action or the relation
between the parties; and
d. To preserve the subject matter of the action. (2 Riano 2, 2016 Bantam Ed.)

B. JURISDICTION OVER PROVISIONAL REMEDIES

General Rule: The court which grants or issues a provisional remedy is the court which has jurisdiction over the
main action. (1 Regalado 685, 2010 Ed.) Thus, where the main case is pending in a specific RTC, it is the same
court, not any other court, which may grant the provisional remedy applied for. (2 Riano 5, 2016 Bantam Ed.)

The authority to grant provisional remedies is not the sole prerogative of superior courts. Inferior courts may also
grant all appropriate provisional remedies in an action pending with it and is within its jurisdiction. In fact, the
jurisdiction of the MTC includes the “grant of provisional remedies in the proper cases.” (Sec. 33 (1), B.P. 129)

Exception: Provisional remedies in civil actions may be availed of insofar as they are applicable.

When the civil action is instituted in the criminal as provided in Rule 111, the offended party may have the property
of the accused attached as security for the satisfaction of judgment that may be recovered from the accused in the
following cases:

a. When the accused is about to abscond;

b. When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or
converted for the use of the accused who is a public officer, officer of a corporation, attorney, factor, broker, agent
 or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful
violation of duty;
c. When the accused has concealed, removed, or disposed of his property, or is about to do so; and
d. When the accused reside outside the PH

C. PRELIMINARY ATTACHMENT

Q (2014): As a rule, courts may not grant an application for provisional remedy without complying with the
requirements of notice and hearing. These requirements, however, may be dispensed with in an application
for:

(A) writ of preliminary injunction

(B) writ for preliminary attachment

(C) an order granting support pendente lite

(D) a writ of replevin

SUGGESTED ANSWERS:

1. (B) Writ for preliminary attachment

Grounds for issuance of writ of attachment

Under Sec. 1, Rule 57, the grounds for a preliminary attachment are, to wit:

1. In actions for the recovery of a specified amount of money or damages, other than moral and exemplary, on a
cause of action arising from law, contract, quasi contract, delict or quasi-delict against a party who is about to depart
from the Philippines which intent to defraud his creditors;

It is not sufficient to show that the party against whom the writ is sought to be issued is about to depart from the
country. It must be shown that such departure was with “intent to defraud his creditors”. (2 Riano 20, 2016 Bantam
Ed.)
2. Actions for money or property embezzled or fraudulently misapplied or converted to his own use by a public
officer, or an officer of a corporation, or an attorney, factor, broker agent, or clerk, in the course of his employment as
such, or by other person in a fiduciary capacity, or for a willful violation of duty;

A fiduciary duty is one “founded in trust and confidence”. (2 Riano 21, 2016 Bantam Ed.)

3. Actions to recover the possession of property unjustly or fraudulently taken, detained or converted, when the
property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the
applicant or an authorized person;

4. Actions against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon
which the action is brought or in the performance thereof;

Note: Includes both kinds of fraud

a. Dolo Causante - fraud in contracting the obligation; and
b. Dolo Incidente- fraud in the performance thereof (Regalado, 2012)

5. Actions against a party who has removed or disposed of his property, or is about to do so, with intent to defraud his
creditors;

6. Actions against non-resident not found in the Philippines, or person upon whom summons may be served by
publication (Rule 57, Section 1)

Under the Amended Rules, summons can be served via publication only in the following cases:

1. Service to defendants where his identity or whereabouts are unknown. (Rule 14, Section 16)
2. Service when the defendant does not reside and is not found in the Philippines, and 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. (Rule 14, Section 17)
3. Service to juridical entities not registered or have no resident agent but have transacted or are doing business
in the Philippines (Rule 14, Section 14)

When preliminary attachment may be applied for

An order for preliminary attachment may be applied for
a. At the commencement of the action, or
b. At any time before entry of judgement. (Rule 57, Section 1)

Who may apply

It may be applied for by
a. The plaintiff, or
b. Any proper party. (Rule 57, Section 1)
Any proper party includes a defendant who filed a counterclaim, cross-claim, or a third party complaint (Rule 3,
Section 1)

Grant of preliminary attachment is discretionary

The grant of the remedy of preliminary attachment is addressed to judicial discretion. There is nothing in Rule 57
which indicates that the grant of such writ is a matter of right on the part of the applicant. (2 Riano 13, 2016 Bantam
Ed.)

Strict construction
Since preliminary attachment opens up the debtor to humiliation and annoyance, it may only be granted when
necessary and as a last resort on concrete and specific grounds. (2 Riano 14, 2016 Bantam Ed.)

Requisites
Regardless of whether the order was granted through motion or ex parte, the following are the requisites for the
issuance of an order of preliminary attachment, to wit:

1. The applicant, or some other who personally knows the facts, must file an affidavit; and

The contents of the affidavit are:

a. A sufficient cause of action exists;
b. The case must be any of those where preliminary attachment is proper as stated in Sec. 1, Rule 57;
c. There is no sufficient security for the claim sought to be enforced;
d. The amount due to the applicant, or the value of the property the possession of which he is entitled to recover, is as
much as the sum for which the order is granted above all legal counterclaims. (Rule 57, Section 3)

2. Applicant must post a bond executed to the adverse party in the amount fixed by the court in its order granting the
issuance of the writ. (Rule 57, Sections 3-4)

Attachment bond is a bond executed in favor of the adverse party in an amount to be fixed by the judge, not
exceeding the plaintiff’s claim, conditioned that the latter will pay all the costs which may be adjudged to the adverse
party and all damages which he may sustain by reason of the attachment, if the court shall finally adjudge that the
applicant was not entitled thereto.

In order for the court to issue an order of preliminary attachment, the applicant must file a motion with notice and
hearing by the court in which the action is pending.

However, the court may nonetheless issue an order of attachment ex parte. (Rule 57, Section 2)

Issuance and contents of order of attachment; affidavit and bond

Stages in the issuance of a writ of attachment

1. The court issues the order granting the application;
2. The writ of attachment is issued pursuant to the order granting the writ; and
3. The writ is implemented.

Note: For the initial two stages, it is not necessary that jurisdiction over the person of the defendant should first be
obtained. However, to validly implement the writ, it is required that the court acquire jurisdiction over the defendant
for without such jurisdiction, the court has no power and authority to act in any manner against the defendant. Thus,
any order issued by the court will not bind the defendant (Mangila v. CA, G.R. No. 125027, August 12, 2002).

Issuance of order of attachment

The writ of preliminary attachment may be issued:

1. Ex parte and even before summons is served upon the defendant.

Note: An ex parte issuance of the writ is intended to pre-empt any possible disposition of property by the adverse
property to the detriment of the attaching creditor and thus defeat the very purpose of attachment (Mindanao Savings
& Loan Association, Inc. v. CA, G.R. No. 84481, April, 18, 1989)

The application for preliminary attachment ex parte may be denied because the fundamental requisites under Rule 57,
Section 1 did not exist, and not because ex parte applications are per se illegal (Davao Light & Power Co., Inc. v. CA,
G.R. No. 93262 December 29, 1991).

2. Upon motion and notice of hearing, by the court in which the action is pending and may even be issued by the CA
or the SC (Rule 57, Section 2)

Note: A hearing on a motion or application for preliminary attachment is not generally necessary unless otherwise
directed by the trial court (Toledo v. Burgos, G.R. No. L-75466, December 19, 1988).

Contents of the order of attachment

It must require the sheriff of the court to attach so much of the property in the Philippines of the party against whom
it is issued, not exempt from execution, as may be sufficient to satisfy the applicant’s demand, unless such party
makes deposit or gives a bond in an amount equal to that fixed in the order, which may be the amount sufficient to
satisfy the applicant’s demand or the value of the property to be attached as stated by the applicant, exclusive of costs
(Rule 57, Section 2)

First requisite of an order of attachment – Affidavit

An order of attachment shall be granted only when the affidavit of the applicant, or of some other person who
personally knows the facts, alleges that:

a. A sufficient cause of action exists;

b. The case is one of those mentioned in Rule 57, Sec. 1;
c. There is no other sufficient security for the claim sought to be enforced by the action; and

Therefore, if a mortgage exists to secure the obligation, a writ of preliminary attachment cannot be
granted. (2 Riano 30, 2016 Bantam Ed.)

d. the amount due to the applicant, or the value of the property the possession of which he is entitled to recover, is as
much as the sum for which the order is granted above all legal counterclaims. (Rule 57, Section 3)

Second requisite of an order of attachment - Bond

The party applying for the order of attachment must likewise give a bond executed to the adverse party. The amount
of such bond is the amount fixed by the court in the order of attachment. (Rule 57, Section 4)
Conditions of applicant’s bond
The party applying for the order will pay all the costs which may be adjudged to the adverse party and all damages
which he may sustain by reason of the attachment, if the court shall finally adjudge that the applicant was not entitled
thereto. (Rule 57, Section 4)

Note: The bond shall only be applied to all damages and costs sustained due to the attachment. (Excellent Quality
Apparel v. Visayan Surety & Insurance Corp., G.R. No. 21205, July 1, 2015)

Rule on prior or contemporaneous service of summons

General Rule: The sheriff is not allowed to make a levy on attachment if such levy is not made with prior or
contemporaneous service of the following:
a. Service of summons
b. Copy of the complaint
c. Application for attachment
d. Applicant’s affidavit and bond, and
e. Order for writ of attachment. (Rule 57, Section 5)

Exception: Levy on attachment would be justified even without prior or contemporaneous summons under the
following circumstances:
a. Summons could not be served personally or by substituted service despite diligent efforts, or
b. Defendant is a resident of the Philippines temporarily absent therefrom, or
c. Defendant is a non-resident of the Philippines, or
d. The action is in rem or quasi in rem. (Rule 57, Section 5)

Manner of attaching real and personal property; when property attached is claimed by third person
General Rule: The sheriff enforcing the writ shall without delay and with all reasonable diligence attach, to await
judgment and execution in the action, only so much of the property in the Philippines of the party against whom the
writ is issued, not exempt from execution, as may be sufficient to satisfy the applicant’s demand.

The sheriff is precluded from attaching any property exempt from execution, such as those enumerated in Sec. 13,
Rule 39. (2 Riano 35, 2016 Bantam Ed.)

Exception: The sheriff shall not enforce the writ if the adverse party makes a deposit with the court from which the
writ is issued, or gives a counter-bond executed to the applicant, in an amount equal to the bond fixed by the court in
the order of attachment or to the value of the property to be attached, exclusive of costs. (Rule 57, Sec. 5)

Sheriff’s return
After enforcing the writ, the sheriff must without delay, make a return to the court issuing the writ, with:
a. A full statement of his proceedings, b. A complete inventory of the property attached; and
c. Any counter-bond given by the party against whom attachment is issued. (Rule 57, Section 6)

Attachment of specific kinds of property

1. Real property, or growing crops thereon, or any interest therein, standing upon the record of the registry of deeds
of the province in the name of the party against whom attachment is issued, or not appearing at all upon such
records, or belonging to the party against whom attachment is issued and held by any other person, or standing on
the records of the registry of deeds in the name of any other person,
 a. by filing with the registry of deeds a copy of the order, together with a description of the property attached,
and a notice that it is attached, or that such real property and any interest therein held by or standing in the
name of such other person are attached, and by leaving a copy of such order, description, and notice with the
occupant of the property, if any, or with such other person or his agent if found within the province; and

Where the property has been brought under the operation of either the Land Registration Act or the Property
Registration Decree, the notice shall contain a reference to the number of the certificate of title, the volume and
page in the registration book where the certificate is registered, and the registered owner or owners
thereof.

b. the registrar of deeds must index attachments filed under this section in the names of the applicant, the
adverse party, or the person by whom the property is held or in whose name it stands in the records. If the
attachment is not claimed on the entire area of the land covered by the certificate of title, a description
sufficiently accurate for the identification of the land or interest to be affected shall be included in the
registration of such attachment

2. Personal property capable of manual delivery

- by taking and safely keeping it in his custody, after issuing the corresponding receipt therefor

3. Stocks or shares, or an interest in stocks or shares, of any corporation or company,

- by leaving with the president or managing agent thereof, a copy of the writ, and a notice stating that the stock or
interest of the party against whom the attachment is issued is attached in pursuance of such writ

4. Debts and credits, including bank deposits, financial interest, royalties, commissions and other personal property
not capable of manual delivery,

- by leaving with the person owing such debts, or having in his possession or under his control, such credits or other
personal property, or with his agent, a copy of the writ, and notice that the debts owing by him to the party against
whom attachment is issued, and the credits and other personal property in his possession, or under his control,
belonging to said party, are attached in pursuance of such writ

5. The interest of the party against whom attachment is issued in property belonging to the estate of the decedent,
whether as heir, legatee, or devisee,

a. by serving the executor or administrator or other personal representative of the decedent with a copy of the writ
and notice that said interest is attached; and
b. a copy of said writ of attachment and of said notice shall also be filed in the office of the clerk of the court in
which said estate is being settled and served upon the heir, legatee or devisee concerned. (Rule 57, Section 7)

Note: The attachment of the interest of an heir, legatee, or devisee in the property belonging to the estate of a
decedent shall not impair the powers of the executor, administrator, or other personal representative of the decedent
over such property for the purposes of administration. (Rule 57, Section 9)

6. Property in custodia legis

- a copy of writ shall be filed with the proper court or quasi-judicial agency and notice of the attachment serves
upon the custodian of such property (Rule 57, Section 5).
Salary subject of attachment
It can only be attached at the end of the month or on the payday provided by contract or law, as, prior thereto; the
same do not constitute money “due” to the debtor from his employer. Furthermore, if the employer is the
Government, before payday, such funds are public funds and are exempt from attachment or execution (Garcia v.
Castillo, 43 Phil 364; Regalado, 2012).

Wages due to a laborer

General Rule: The laborer's wage shall not be subject to execution or attachment (New Civil Code, Article 1708).
Exception: For debts incurred for food, shelter, clothing and medical attendance (Gaa v. CA, G.R. No. L-44169,
December 3, 1985).

Note: Art. 1708 used the word “wage" and not "salary" in relation to "laborer" when it declared what are to be
exempted from attachment and execution. The term “wages” as distinguished from "salary", applies to the
compensation for manual labor, skilled or unskilled, paid at stated times, and measured by the day, week, month, or
season, while "salary" denotes a higher degree of employment, or a superior grade of services, and implies a position
of office: by contrast, the term wages " indicates considerable pay for a lower and less responsible character of
employment, while "salary" is suggestive of a larger and more important service (35 Am. Jur. 496).

Examination of party whose property is attached or of persons indebted to him

The Rules of Court empower the court to examine under oath the party whose property is attached for the
purpose of giving information respecting his property. Also, all other persons in possession of property or credit
belonging to the person whose property is attached may also be required to appear and be examined under oath.
(Rule 57, Sec. 10)

When property attached is being claimed by third persons (Terceria, et al.)

A third person who has a claim to the property attached may avail of the following remedies:
1. Terceria or third-party claim;

The third person whose property was levied on must make an affidavit if his title thereto, or right to
the possession thereof stating the grounds of such right and title and serves such affidavit upon the
sheriff while the latter has possession of the attached property and a copy thereof upon the
attaching property.

General Rule: The sheriff is not bound to keep the property.

Exception: The sheriff is bound to keep the property when the attaching party, on demand of the sheriff, 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 upon.

Note: The timing of the filing of the third-party claim is important because the timing determines the remedies
that a third party is allowed to file. A third party claimant under Section 16 of Rule 39 may vindicate his claim to
the property in a separate action since intervention is no longer allowed upon rendition of judgment. A third party
claimant under Section 14 of Rule 57, on the other hand, may vindicate his claim to the property by intervention
because he has a legal interest in the matter in litigation (Fort Bonifacio Development Corporation v. Yllas
Lending Corporation, G.R. No. 158997, October 6, 2008).

2. Independent action to recover his property; or

 3. Motion for intervention – available only before judgment is rendered (Ong v. Tating, G.R. No. L-61042, April 15,
1987).

Sale of property covered by a writ of preliminary attachment before entry of judgment

General Rule: Property may not be sold. A writ of preliminary attachment is a provisional remedy and its issuance
does not have the effect of a final judgment over the property attached.

Exception: An attached property may be sold after levy on attachment and before entry of judgment whenever it shall
be made to appear to the court in which the action is pending, upon hearing with notice to both parties, that the
attached property is perishable or that the interests of all the parties to the action will be subserved by the sale of the
attached property ((Rule 57, Section 511; China Banking Corporation v. Asian Corporation and Development
Corporation, G.R. No. 158271, April 8, 2008; Riano, 2009).

Discharge of attachment and the counter-bond

After a writ of attachment has been enforced, the party whose property has been attached, or the person appearing on
his behalf, may move for the discharge of the attachment wholly or in part on the security given. (Rule 57, Section
12)

Ways of discharging attachment

a. Counter-bond (Rule 57, Section 12)
Counter-bonds are replacements of the property formerly attached, and just as the latter, may be levied upon
after final judgment (Security Pacific Assurance Corporation v. Tria-Infante, G.R. No. 144740, August 31,
2005).

Note: The mere posting of the counter-bond does not automatically discharge the writ of attachment. It is
only after the hearing and after judge has ordered the discharge of attachment that the same is properly
discharged (Security Pacific Assurance Corporation v. Tria-Infante, G.R. No. 144740, August 31, 2005).

b. Motion for discharge (Rule 57, Section 13)

Grounds for discharge

1. Debtor has posted a counter-bond or has made the requisite cash deposit. (Rule 57, Section 12)
The mere posting of a counter-bond does not automatically discharge the writ of attachment. It is only after
due notice and hearing and after the judge orders the discharge of the attachment that the same is
properly discharged. (2 Riano 42, 2016 Bantam Ed.)
2. Attachment was improperly or irregularly issued (Rule 57, Section 13)
a. as where there was no ground for attachment, or
b. the affidavit and/or bond filed are defective or insufficient.
3. Judgment is rendered against attaching creditor. (Rule 57, Section 19)
4. Attachment is excessive; but the discharge shall be limited to the excess. (Rule 57, Section13)
5. Property attached is exempt from execution. (1 Regalado 709, 2010 Ed.)

Effect of discharge of the attachment

Upon the discharge of the attachment, the property attached shall be delivered to the party making the deposit or
giving the counterbond or the person appearing on his behalf. (2 Riano 44, 2016 Bantam Ed.) Obviously, such is also
the effect when the discharge was made through a motion alleging the grounds in Sec. 13, Rule 57.
Award of damages
Damages may be awarded on account of improper, irregular or excessive attachment.

Application for damages

The application for damages must be filed:
1. Before the trial;
2. Before appeal is perfected; or
3. Before the judgment becomes executory.

If the case is on appeal and the judgment of the appellate court is favorable to the party against whom the attachment
was issued, he must claim damages sustained during the pendency of the appeal by filing an application with the
appellate court with due notice to the attaching party and his surety of sureties. (Rule 57, Section 20)

When property is wrongfully attached

Where there is wrongful attachment, the attachment defendant may recover actual damages even without proof that
the attachment plaintiff acted in bad faith in obtaining the attachment. However, if it is alleged and established that
the attachment was not merely wrongful but also malicious, the attachment defendant may recover moral damages
and exemplary damages as well (Spouses Yu v. Ngo Yet Te, G.R. No. 155868, February 6, 2007).

Note: Damages may be claimed even by the losing party where the attachment caused him damage where the
attachment was improper, irregular or excessive. An improper, irregular or excessive attachment is not validated by
the fact that the attaching party prevailed in the main action.

Satisfaction of judgment out of property attached

If judgment is in favor of the attaching party and execution has issued thereon, the sheriff may cause the judgment to
be satisfied out of the property attached, if it be sufficient for that purpose, in the following manners:
1. Payment to judgment obligee the proceeds of all sales of perishable or other property in pursuance of the order of
the court or so much necessary to satisfy the judgment;
2. If any balance remains, selling so much of the property, real or personal as may be necessary to satisfy the
judgment;
3. Collecting from all persons having possession of credits belonging to the judgment obligor or debts belonging to
the latter at the time of the attachment and paying the proceeds to judgment obligee (Rule 57, Section 15);
4. Ordinary execution (Rule 57, Section 16).

Note: If it remains unsatisfied, recovery may be had on the counter-bond upon demand and notice and hearing to
surety (Rule 57, Section 17).

When the property attached is not sufficient to satisfy the judgment

Any balance shall remain due; the sheriff must proceed to collect such balance as upon ordinary execution.

When there is excess after applying the proceeds thereof

Whenever judgment has been paid off, the sheriff, upon reasonable demand, must return to the judgment obligor the
attached property remaining in his hands, and any proceeds of the sale of the property attached not applied to the
judgment (Rule 57, Section 16).

When the party against whom attachment had been issued deposited money instead of giving
counter-bond
 Where the party against whom attachment had been issued has deposited money instead of giving counter-bond, it
shall be applied under the direction of the court to the satisfaction of any judgment rendered in favor of the attaching
party, and after satisfying the judgment, the balance shall be refunded to the depositor or his assignee (Rule 57,
Section 18).

Compared with garnishment and levy on execution

Kinds of attachment as to availability and effects

1. Preliminary attachment - one issued at the commencement of the action or at any time before entry of the judgment
as security for the satisfaction of any judgment that may be recovered in the cases provided for by the rules; (Rule 57,
Section 1)
2. Levy on execution - writ issued by the court after judgment by which the property of the judgment obligor is taken
into custody of the court before the sale of the property on execution before the satisfaction of a final judgment. (Rule
39, Section. 8)] (1 Regalado 691, 2010 Ed.)

Levy on Execution Levy on Attachment

Setting apart properties in compliance with the writSetting of aside properties to guarantee satisfaction of judgment.
execution
The Sheriff cannot levy real property immediately unless itThe
the Sheriff can levy either real or personal property.
very subject matter of the case. The Sheriff will first have to
levy on personal property if it is a money judgment.

Kinds of attachment as to form and procedure of attachment

1. Regular form of attachment – attachment which refers to attachment of corporeal property in possession of the
party involved. (1 Regalado 691, 2010 Ed.)
2. Garnishment - A kind of attachment in which the plaintiff seeks to subject either the property of the defendant in
the hands of a third person called garnishee, to his claim or the money which said third person owes the defendant;
(Virata v. Aquino, G.R. L-35027, September 10, 1973).

D. PRELIMINARY INJUNCTION

Preliminary injunction
It is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a
court, agency or a person to refrain from a particular act or acts (Preliminary prohibitory injunction) or to require the
performance of a particular act or acts (Preliminary mandatory injunction) (Rule 58, Section 1).

Temporary Restraining Order (TRO)

An order issued to preserve the status quo until the hearing of the application for a writ of preliminary injunction
because the injunction cannot be issued ex parte. (Bacolod Water v. Labayen, 446 SCRA 110, December 10, 2004) By
its nature, it could be considered as a “provisional remedy within a provisional remedy” because it is issued to
preserve the status quo for a limited period until the court decides to issue a writ of preliminary injunction. (2 Riano
67, 2016 Bantam Ed.)

Status Quo Ante Order (SQAO)

Unlike a TRO or a preliminary injunction, a SQAO is more in the nature of a cease and desist order, since it neither
directs the undoing or doing of acts as in the case of prohibitory or mandatory injunctive relief. A SQAO seeks to
only maintain the last, actual, peaceable, and uncontested state of things which immediately preceded the
controversy. (Oca v. Custodio, G.R. No. 174996, December 3, 2014)

Requisites of writ of preliminary injunction or temporary restraining order

1. Verified application stating the grounds for its issuance (Rule 58, Section 4);
2. Applicant must establish: i) the existence of a right that must be protective and ii) an urgent and paramount
necessity for the writ to prevent serious damage;
3. Applicant must establish that there is a need to restrain the commission or continuance of the acts complained of
and if not enjoined would work injustice to the applicant;
4. Applicant must post a bond, unless exempted by the court. This bond is executed in favor of the person enjoined
to answer for all damages which the latter may sustain by reason of injunction or restraining order if the court
should finally decide that the applicant was not entitled to the writ or order;
5. Notice and hearing is required.

Kinds of Preliminary injunctions

a. Preliminary injunction – an order granted at any stage of an action or proceeding prior to the judgment or final
order, requiring a party or a court, agency or a person to refrain from a particular act or acts.
b. Preliminary mandatory injunction – requires the performance of a particular act or acts (Rule 58, Section 1)

A preliminary mandatory injunction may also issue in cases where the relative inconvenience bears strongly in the
requesting party’s favor, and where the effect of the mandatory injunction is to re-establish and maintain a pre-
existing continuing relation between the parties, which was recently and arbitrarily interrupted by another party,
rather than to establish a new relationship between and among the parties. (WT Construction, Inc. v. DPWH, G.R. No.
163352, July 31, 2007)

Kinds of Temporary Restraining Orders

1. 20-day TRO
If it appears from the facts that great or irreparable injury would result to the applicant before the matter can be heard,
the court in which the application for preliminary injunction was made may issue ex parte for a period not exceeding
20 days from service to the party sought to be enjoined. (2 Riano 67, 2016 Bantam Ed.)

2. 72-hour TRO
If the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive
judge of a multi-sala court or the presiding judge of a single-sala court may issue ex parte a TRO effective for only 72
hours from issuance, not from service (the latter being the reckoning point for the 20-day TRO).

Within this period, a summary hearing to determine whether to extend the TRO to 20 days must be conducted. The
72-hour period shall be included in the maximum 20-day period set by the Rules. (2 Riano 68, 2016 Bantam Ed.)
When writ may be issued, when writ may not be issued
When: At any stage of an action or proceeding prior to the judgment or final order. (Rule 58, Section 1)

By whom: By the court where the action or proceeding is pending. If the action or proceeding is pending in the CA or
in the SC, it may be issued by said court or any member thereof. (Rule 58, Section 1)

Note: Being preliminary, an order granting a preliminary injunction need not clearly and distinctly state the findings
of fact and conclusions of law on which it is based. (UCPB v. United Alloy Phils. Corp., G.R. No. 152238, January
28, 2005)

When not allowed

1. Under RA 8975 (An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure
Projects);

Rationale: Injunctions and restraining orders tend to derail the implementation and completion of government
infrastructure projects. (2 Riano 72-73, 2016 Bantam Ed.)

2. Under the Rule of Procedure in Environmental Cases, no court can issue a TRO or a preliminary injunction against
lawful actions of government agencies that enforce environmental laws. (Rule 2, Section 10, Part II, AM No. 09-6-8-
SC)

3. No TRO or injunction in any case involving or growing out of a labor dispute shall be issued by any court except
as otherwise provided in Arts. 218 and 264 of the Labor Code. It is the NLRC which may grant injunctive relief .
(Ravago v. Esso, G.R. No. 158324, March 14, 2005)

4. No court shall have the authority to grant injunction to restrain the collection of any national internal revenue tax
except when special circumstances warrant. (Sarasola v. Trinidad, G.R. No. 14595, October 11, 1919)

5. An injunction cannot be issued against consummated acts. The established principle is that when the events sought
to be prevented have already happened, nothing more could be enjoined. (Ramos Sr. v. CA, G.R. No. 80908 & 80909,
May 24, 1989)

Grounds for issuance of preliminary injunction

1. That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the
commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts either
for a limited period or perpetually;
2. That the commission, continuance or non-performance of the act or acts complained of during the litigation would
probably work injustice to the applicant; or
3. That a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to
be done some act or acts probably in violation of the rights of the applicant respecting the subject of the action or
proceeding, and tending to render the judgment ineffectual (Rule 58, Section 3).

Requisites of preliminary injunction whether mandatory or prohibitory injunction

1. The applicant must have a clear and unmistakable right, that is a right in esse;
2. There is a material and substantial invasion of such right;
3. There is an urgent need for the writ to prevent irreparable injury to the applicant; and
4. No other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable injury (Marquez v.
Sanchez, G.R. No. 141849, February 13, 2007).

Dissolution of writ of preliminary injunction or restraining order

The party enjoined may file a motion to dissolve the injunction or TRO with notice and hearing of the motion upon
showing by affidavits that the person enjoined would suffer irreparable damage while the applicant can be fully
compensated for such damages as he may suffer.
The movant must also file a bond conditioned upon the payment of all damages which the applicant may suffer by the
dissolution of the injunction or restraining order (Rule 58, Section 6).

Grounds for objections or dissolution of injunction or restraining order

1. Insufficiency of application for injunction or restraining order. The application may be considered insufficient if it
is not verified and supported by any of the grounds under Sec. 3, Rule 58;
2. Issuance or continuance of injunction or restraining order causes irreparable injury while applicant may be fully
compensated for damages by the bond filed by the person sought to be enjoined;
3. Extent of injunction or restraining order is too great; Effect: modification (Rule 58, Section 6)
4. Insufficiency or defective bond (Rule 58, Section 7).

Note: Filing of verified motion and bond as well as hearing is required.

Duration of temporary restraining orders

Rule on non-extendibility
In the event that the application for preliminary injunction is denied or not resolved within the said period, the TRO is
deemed automatically vacated.

The effectivity of a TRO is not extendible without need of any judicial declaration to that effect, and no court shall
have authority to extend or renew the same on the same ground for which it was issued. (Rule 58, Section 5)

Duration differs as per court issuing the TRO

1. If issued by the RTC - The rule against non-extendibility of the 20-day effectiveness of a TRO is absolute. (2
Riano 68, 2016 Bantam Ed.)
2. If issued by the CA - A TRO may be issued by the CA or any member thereof. If so issued, it shall be effective
for 60 days from service on the party or person sought to be enjoined. A TRO issued by the CA has a non-
extendible lifetime of 60 days and automatically expires on the 60th day without need of judicial declaration. (2
Riano 70, 2016 Bantam Ed.)
3. If issued by the SC - A TRO issued by the SC shall be effective until further orders . (2 Riano 71, 2016 Bantam
Ed.)
When main case to be decided
The trial court, the CA, the Sandiganbayan, or the CTA that issued the preliminary injunction against a lower court,
board, officer, or quasi-judicial agency shall decide the main case or petition within 6 months from the issuance of the
writ. (Rule 58, Section 5)

Rule on prior or contemporaneous service of summons in relation to attachment

General Rule: Just as in levy on preliminary attachment, there must be proof of prior or contemporaneous service of
summons with a copy of the complaint or initiatory pleading and applicant’s affidavit and bond on the adverse party
(Regalado, 2010).

Exception: When summons could not be served upon the defendant either in person or by substituted service despite
diligent efforts or when the defendant is temporarily out of the Philippines or when he is a non-resident, the
requirement of prior contemporaneous service shall not apply.

E. RECEIVERSHIP

Receiver
A receiver is a person appointed by the court in behalf of all the parties to the action for the purpose of preserving and
conserving the property in litigation and prevent its possible destruction if it were left in the possession of any of the
parties. (Commodities Storage & Ice Plant Corporation, G.R. No. 125008, June 19, 1997)

Note: A party to an action may not be appointed as a receiver unless consented to by all parties.

The appointment of a receiver is necessary since the court is not provided with adequate machinery and resources for
dealing with the situation presented by the appointment of a receiver and all the details connected therewith (Velasco
v. Gochuico, G.R. No. L-10173, February 1, 1916).

Who may Appoint a Receiver

1. Court where action is pending;
2. Court of Appeals; or
3. Supreme Court or a member thereof (Rule 59, Section 1).

Note: During the pendency of an appeal, the appellate court may allow an application for the appointment of a
receiver to be filed in and decided by the court of origin and the receiver appointed to be subject to the control of the
latter court (Rule 59, Section 1).

Cases that justify when receiver may be appointed

1. The applicant has an interest in the property or fund subject of the proceeding and such property is in danger of
being lost, removed, or materially injured;
2. In foreclosure for mortgage when the property is in danger of being wasted, dissipated, or materially injured, and
that its value is probably insufficient to discharge the mortgage debt or that it has been agreed upon by the parties;
3. After judgment, to preserve the property during the pendency of an appeal, or to dispose it according to the
judgment, or in aid of execution when execution has remained unsatisfied;
4. In other cases, where the appointment of a receiver is the most convenient and feasible means of preserving,
administering, or disposing the property. (Rule 59, Section 1)

Instances when receivership will not lie

1. Receivership cannot be effected on a property in custodia legis (Lizarraga Hermanos. v. Abada, G.R. No. 13910,
September 17, 1919) But a receiver can be appointed where a property in custody of an administrator or executor is in
danger of imminent loss or injury (Dolor v. Sindian, G.R. No. L-27631, April 30, 1971);
2. Where the action is merely to obtain a money judgment on unpaid credits and not to enforce a lien upon specific
property or funds in the possession of the defendant (Bonaplata v. Ambler et al., 2 Phil 392; Regalado, 2012);
3. In actions involving possession of or title to real property, the appointment of receiver may be made only if there is
clear necessity to protect the applicant from grave or irremediable damages.

Effect of a contract executed by a receiver without court approval

Such contract will constitute his personal undertakings and obligations (Pacific Merchandising Corp. v. Consolacion
Insurance & Surety Co., G.R. No. L-30204, October 29, 1976).

Liability of a person who refuses or neglects to deliver property to the receiver

May be punished for contempt and shall be liable to the receiver for the money or the value of the property and other
things so refused or neglected to be surrendered, together with all damages that may have been sustained by the party
or parties entitled thereto as a consequence of such refusal or neglect (Rule 59, Section 7).

Requisites
1. Party applying for receivership has an existing interest in the property or funds subject of the action and the
property or funds is in danger of being lost, wasted or dissipated;
2. Verified application filed at any stage of the proceedings even after final judgment, prior to the satisfaction of
judgment (Rule 59, Section 1);
3. The application must be with notice and hearing;
4. The applicant must post a bond executed to the party against whom the application is presented (Rule 59, Section
2);
5. Receiver must be sworn to perform his duties faithfully and shall file a bond (Rule 59, Section 4).

Requirements before issuance of an order

Oath and Bond of Receiver

Before entering his duties, the receiver shall be sworn to perform them faithfully, and shall file a bond, executed to
such person and in such sum as the court may direct, to the effect that he will faithfully discharge his duties.

General powers of a Receiver

Subject to the control of the court in which the action or proceeding is pending, a receiver shall have the power to
a. Bring and defend, in such capacity, actions in his own name;
b. Take and keep possession of the property in controversy;
c. Receive rents;
d. Collect debts due to himself as receiver or to the fund, property, estate, person, or corporation of which he is the
receiver;
e. Compound for and compromise the same;
 f. Make transfers;
g. Pay outstanding debts;
h. Divide the money and other property that shall remain among the persons legally entitled to receive the same;
i. Generally to do such acts respecting the property as the court may authorize; and
j. Invest funds in his hands, only by order of the court upon the written consent of all the
parties (Rule 59, Section 6).

Liability for refusal or neglect to deliver property to receiver

a. May be punished for contempt; or
b. Shall be liable to the receiver for the money or the value of the property and other things so refused or neglected to
be surrendered, together with all damages that may have been sustained by the party or parties entitled thereto as a
consequence of such refusal or neglect (Rule 59, Section 7).

Remedies against the Receiver

An aggrieved party may:
1. Take the matter into the court which appointed the receiver and ask either for an accounting or take some other
proceeding, and ask for consequent judgment on the acts complained of; or
2. Ask for leave of court to bring him an action directly.

Note: Any action filed against a receiver without the required judicial authority may be dismissed through the
allegation of failure to comply with a condition precedent as an affirmative defense to the action. [2 Riano 92, 2016
Bantam Ed.] (De la Riva v. Molina Salvador, G.R. L-10106, November 23, 1915)

Two kinds of bonds in Receivership

1. Applicant’s Bond - the bond required before the appointment of a receiver (Rule 59, Section 2);
2. Receiver’s Bond - the receiver before entering upon his duties shall be sworn to perform them faithfully and shall
file a bond to the effect that he will faithfully discharge his duties in the action and obey the orders of the court (Rule
59, Section 4).

Note: A counter-bond may be filed by the adverse party executed to the applicant, in an amount to be fixed by the
court, to the effect that such party will pay the applicant all damages he may suffer by reason of the acts, omissions,
or other matters specified in the application as ground for such appointment in which case, the application may be
denied, or the receiver discharged, when the adverse party files a bond (Rule 59, Section 3).

Termination of Receivership

Grounds for the Discharge of receiver

1. Posting of counter-bond by adverse party (Rule 59, Section 3);
NOTE: Where counter-bond is insufficient or defective, receiver may be re-appointed (Rule 59,
Section 5).
2. Appointment of receiver was made without sufficient cause (Rule 59, Section 3);
3. Insufficient or defective applicant’s bond (Rule 59, Section 5);
4. Insufficient or defective receiver’s bond (Rule 59, Section 5);
5. Receiver no longer necessary (Rule 59, Section 8).

Termination of Receivership
Receivership may be terminated:
1. By the court motu propio or on motion by either party;
2. Based on the following grounds:
a. Necessity for receiver no longer exists;
b. Receiver asserts ownership over the property (Martinez v. Graño, G.R. No. L-25437, August 14, 1926);
3. The court, after due notice and hearing to all interested party, shall settle the accounts of the receiver, direct the
delivery of funds in his possession to the person adjudged to be entitled to receive them, and order the discharge of
the receiver. (Rule 59, Section 8)

F. REPLEVIN

When may writ be issued

The writ of Replevin may only be obtained when the defendant in the action has not yet filed his answer to the
complaint where it is necessary to:
1. Protect plaintiff’s right of possession to property;
2. Prevent defendant from destroying, damaging or disposing of the property.

Note: Under the Resolution of the Supreme Court en banc dated January 11, 1983, a writ of replevin like the one
issued in the present case may be served anywhere in the Philippines (Fernandez v. International Corporate Bank,
now Union Bank of the Philippines, G.R. No. 131283, October 7, 1999)

Requisites
a. The applicant must show by his own affidavit or that of some other person who personally knows the facts the
items stated in Part F.3 (Affidavit and bond; redelivery bond)
b. The applicant must also give a bond, called a replevin bond. (Rule 60, Section 2)

Upon the filing of such affidavit and approval of the bond, the court shall issue an order and the corresponding writ of
replevin describing the personal property alleged to be wrongfully detained and requiring the sheriff forthwith to take
such property into his custody (Rule 60, Section 3)

Affidavit and bond; redelivery bond

Contents of the affidavit:
The affidavit shall show
a. That the applicant is the owner of the property claimed, particularly describing it, or is entitled to the possession
thereof;
b. That the property is wrongfully detained by the adverse party, alleging the cause of detention thereof according to
the best of his knowledge, information, and belief;
c. That the property has not been distrained or taken for a tax assessment or a fine pursuant to law, or seized under a
writ of execution or preliminary attachment, or otherwise placed under custodia legis, or if so seized, that it is exempt
from such seizure or custody; and
d. The actual market value of the property. (Rule 60, Section 2)

Replevin Bond
For the a) return of the property to the adverse party if such return is adjudged; b) payment to the adverse party of
such sum as he may recover from the applicant in the action. (Rule 60, Section 2)
It is intended to indemnify the defendant against the loss that he may suffer by being compelled to surrender the
possession of the property pending the action.

Redelivery Bond
If the adverse party objects to the sufficiency of the applicant’s bond or of the surety, at any time before the delivery
of the property to the applicant, the adverse party may file a redelivery bond executed to the applicant, double the
value of the property as stated in the applicant’s affidavit to answer for the return of property if adjudged and pay for
such sum as he may recover from the applicant (Rule 60, Section 5)

Note: It is required that the redelivery bond be filed within the period of 5 days after the taking of the property (Yang
v. Valdez, G.R. No. 102998, July 5, 1996).

Duties of the sheriff: Upon receipt of the court order

1. Sheriff must serve a copy of the writ on the adverse party, together with a copy of the application, affidavit and
bond;
2. He must forthwith take the property, if it be in the possession of the adverse party, or his agent, and retain it in his
custody;
3. If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and
if it be is not delivered, he must cause the building or enclosure to be broken open and take the property into his
possession;
4. After the sheriff has taken possession of the property as herein provided, he must keep it in a secure place.
5. Within (5) days from the taking of the property, the sheriff shall wait for the move of the adverse party. If the
adverse party does not object or fails to perform acts to effect the return to him of the property, the property shall be
delivered to the applicant. (Rule 60, Section 4)

Return of the property to defendant

1. He seasonably posts a redelivery bond (Ibid.);
2. Plaintiff’s bond is found to be insufficient or defective and is not replaced with proper bond;
3. Property is not delivered to the plaintiff for any reason (Rule 60, Section 6).

When the property is claimed by a third party

1. Third party shall file and serve affidavit upon sheriff and applicant stating his entitlement to possession and shall
serve the affidavit upon the sheriff while the latter has possession of the property;
2. Sheriff shall return the property to third person unless applicant files a bond (same amount as the value of the
property) approved by court to indemnify the third person;
3. Claim for damages upon said bond must be filed within 120 days from date of filing of the bond.

Note: When the bond is filed, the sheriff shall not be liable for damages for the taking or keeping of such property.

The party-claimant is not precluded from vindicating his claim and may maintain an action and seek injunctive relief
against the sheriff. The applicant is likewise not precluded from claiming damages against the third party who filed a
frivolous or spurious claim in the same or separate action. (Rule 60, Section 7)

Judgment
After trial of the issues, the court shall determine who has the right of possession to and the value of the property and
shall render judgment for the delivery of:
a. The property itself to the party entitled to the same, or
b. Its value in case delivery cannot be made, and
c. For such damages as either party may prove, with costs. (Rule 60, Section 9)

Recovering damages on an applicant’s bond

Requirements
a. The defendant claimant has secured a favorable judgment the main action, meaning that the plaintiff has no cause
of action and was not entitled to the replevin;
b. The application for damages, showing claimant’s right thereto and the amount thereof, be filed in the same action
before trial or before appeal is perfected or before the judgment becomes executory;
c. Due notice be given to the other party and his surety or sureties, notice to the principal not being sufficient;
d. A proper hearing and the award for damages should be included in the final judgment. (DBP v. Carpio, G.R. No.
195450, February 1, 2017)

Note: DBP v. Carpio states that the same requirements apply when recovering damages under other provisional
remedies, as provided in Sec. 20, Rule 57; Sec. 8, Rule 58 and Sec. 9, Rule 59.

Even where the judgment is that the defendant is entitled to the property, but no order was made requiring the
plaintiff to return it or assessing damages in default of return, there could be no liability on the part of the sureties
until judgment was entered that the property should be restored. (Sapugay et. al. v. CA, G.R. No. 86792, March 21,
1990)

Writ issued in favor of the Republic

When the writ of replevin is issued in favor or the Republic of the Philippines, or any officer duly representing it, the
filing of such bond shall not be required, and in case the sheriff is sued for damages as a result of replevin, he shall be
represented by the Solicitor General, and if held liable therefor, the actual damages adjudged by the court shall be
paid by the National Treasurer out of the funds to be appropriated for the purpose (Rule 60, Section 7)

G. PROVISIONAL REMEDIES AND INTERIM RELIEFS UNDER SPECIAL LAWS

AND RULES

Provisional remedies of the Family Courts

R.A. 8369 provides for certain provisional remedies described in the law as special provisional remedies. (2 Riano
111, 2016 Bantam Ed.)

Restraining order
In case of violence among the immediate members of the family living in the same domicile, the Family Court may
issue a restraining order against the accused or defendant if the complainant or victim files a verified application for
relief from abuse. (RA 8369, Section 7)

Temporary custody
In all civil actions for the custody of children, the court may order the temporary custody of the children. (RA 8369,
Section 7)
Support pendente lite
In all civil actions for support, the court may also order support pendente lite, deduction from the salary, and use of
the conjugal home. (RA 8369, Section 7)

Human Security Act

Seizure of assets
A seizure and sequestration of assets of certain persons are authorized including those of a person “suspected” of
terrorism as defined in the law. (Section 39)

Travel restriction
The right to travel of the person charged may be subjected to restrictions even before judgement under certain
conditions. (Section 26)

Examination of bank deposits

The bank deposits, accounts, and records, among others, of a person charged or suspected of a crime defined under
the HAS may be examined under certain conditions, the provisions of the Secrecy of Bank Deposits Law
notwithstanding. (Section 27)

Anti-Violence against Women and Children Act

Certain interim reliefs may be availed of under R.A. 9262 even before or in the absence of a decree of legal
separation, annulment or declaration of absolute nullity of marriage and for the protection of women and their
children. (2 Riano 114-115, 2016 Bantam Ed.)

Protection order
A protection order is an order issued for the purpose of preventing further acts of violence against a woman or her
child as specified in the law and granting the necessary relief.

The protection orders under R.A. 9262 are of two kinds, namely:
1. Temporary Protection Order - issued by the court on the date of filing of the application after ex parte
determination that such order should be issued. A court may grant in a TPO any, some, or all of the reliefs mentioned
in the Act and shall be effective for 30 days.
2. Barangay Protection Order - issued by the Punong Barangay or any available Barangay Kagawad ordering the
perpetrator to desist from committing acts described in the law. When issued, they shall be effective for 15 days. (2
Riano 115-116, 2016 Bantam Ed.)

Anti-Money Laundering Act

Freezing of monetary instrument or property
The CA, upon application ex parte by the Anti- Money Laundering Council (AMLC) and after determination that
probable cause exists that any monetary instrument or property is in any way related to money laundering, may issue
a freeze order effective immediately. (Section 10)

Authority to inquire into bank deposits

The AMLC may inquire into or examine any particular deposit or investment with any banking institution or non-
bank financial institution upon order of any competent court in cases of violation of this Act, when it has been
established that there is probable cause that the deposits or investments are related to unlawful activities as defined in
this law. (Section 11)

Financial Rehabilitation and Insolvency Act

Upon the issuance of a Commencement Order, such shall include a Stay or Suspension Order which shall:
1. Suspend all actions or proceedings, in court or otherwise, for the enforcement of claims against the debtor;
2. Suspend all actions to enforce any judgment, attachment or other provisional remedies against the debtor;
3. Prohibit the debtor from selling, encumbering, transferring or disposing in any manner any of its properties
except in the ordinary course of business; and
4. Prohibit the debtor from making any payment of its liabilities outstanding as of the commencement date
except as may be provided herein. (Section 16(q))

Precautionary Hold Departure Orders (PHDO)

Lifting of PHDO
In order to have the PHDO temporarily lifted, the respondent may:

1. File a verified motion

2. Based on meritorious grounds:
a. There is doubt that probable cause exists in issuing the PHDO, or
b. It is shown that he is not a flight risk
3. Post a bond. (Section 7)