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7th Week - PH Courts and Procedures
a. Read Rule 8.
RULE 8
Manner of Making Allegations in Pleadings
Section 1. "In general. — Every pleading shall contain in a
methodical and logical form, a plain, concise and direct
statement of the ultimate facts on which the party pleading
relies for his claim or defense, as the case may be, omitting the
statement of mere evidentiary facts.
If a defense relied on is based on law, the pertinent provisions
thereof and their applicability to him shall be clearly and
concisely stated."
b. What is an initiatory pleading?
An initiatory pleading contains, in a methodical and logical
form, a plain, concise and direct statement of the ultimate
facts on which the party pleading relies for his claim or
defense, as the case may be, omitting the statement of mere
evidentiary facts.
If a defense relied on is based on law, the pertinent
provisions thereof and their applicability to him shall be
clearly and concisely stated.
According to Sps. Ponciano v. Arentela, et al. (G.R. No.
133284), an initiatory pleading is the “original civil
complaint, counterclaim, cross-claim, third (fourth, etc.) party
complaint, or complaint-in-intervention, petition, or application
wherein a party asserts his claim for relief.”
c. How must allegations in an initiatory pleading or
answers to an initiatory pleading be made?
According to the amended Section 1 Rule 8, a party must
allege the ultimate facts including the evidence constituting
his or her claim of defense, as well as the pertinent
provisions of law.
Hence, every pleading shall contain a statement of the
ultimate facts on which the party pleading relies for his claim
or defense
(1) in a methodical and logical form;
(2) a plain, concise and direct statement; and
(3) statement of mere evidentiary facts omitted.
If a defense relied on is based on law, state in a clear and
concise manner:
(1) pertinent provisions of the law
(2) applicability of the law to him
Additional NOTE: Under the 1997 Rules of Court, the
complaint must allege only ultimate facts, while the answer
may also cite legal provisions relied upon aside from the
ultimate facts constituting the defense.
d. What is an actionable document?
An actionable document is a written instrument part of the
pleading.
Under the amended Section 7, the only way to plead an
actionable document is by setting forth the substance of
such document in the pleading and attaching the
document thereto as an exhibit which shall be considered as
part of the pleading.
Examples of actionable documents.
(1) A promissory note in an action to collect the amount
thereof.
(2) A deed of real estate mortgage in an action to
foreclose the mortgage.
(3) A written contract in an action to enforce or rescind
the same.
Illustration of a non-actionable document.
- Plaintiff was suing on the written contract of lease,
not on the letters recited in the complaint. The
letters might have some evidential value, but
evidence, even in writing, does not necessarily have a
proper place in the pleadings. Hence, they need not
be denied under oath. This ruling may not be
applicable anymore since evidentiary matters are now
required to be alleged in the complaint.
e. What is an ultimate fact?
According to Montemayor vs. Raborar, et al., 53 O.G. No. 19,
p. 6596, citing Pomeroy, Code Remedies, 5th Ed., sec. 420,
"Ultimate facts are important and substantial facts which
either directly form the basis of the primary right and duty,
or which directly make up the wrongful acts or omissions
of the defendant. The term does not refer to the details of
probative matter or particulars of evidence by which these
material elements are to be established. It refers to principal
determinate, constitutive facts, upon the existence of
which, the entire cause of action rests."
f. What is a conclusion of law?
According to Merriam-Webster's legal definition, a "conclusion
of law" is "the court's statement of the law applicable to a
case in view of facts found to be true." It is "the judgment
required by law when applied to the facts."
Deceit, machination, false pretenses, misrepresentation,
and threats are largely conclusions of law and mere
allegations thereof without a statement of the facts to
such terms have reference are not sufficient. There is a
need for an affidavit of merit is consistent with Sec. 5, Rule
8, of the 1997 Rules of Civil Procedure, which requires that “all
averments of fraud or mistake the circumstances
constituting fraud or mistake must be stated with
particularity.”
NOTE: A conclusion of law can also be called a "finding of
law".
g. Discuss alternative causes of action or defenses.
Section 2. “Alternative causes of action or defenses. — A
party may set forth two or more statements of a claim or
defense alternatively or hypothetically, either in one cause of
action or defense or in separate causes of action or defenses.
When two or more statements are made in the alternative and
one of them if made independently would be sufficient, the
pleading is not made insufficient by the insufficiency of one or
more of the alternative statements.”

The proper procedure when the plaintiff is uncertain of what
fact is actually true is for the plaintiff to state the facts that
are within his knowledge with certainty, BUT ALSO TO
PLEAD IN THE ALTERNATIVE those facts that are, to him,
doubtful, which are wholly in the defendant’s knowledge, and
call upon the defendant to make a full disclosure of these
“doubtful or uncertain” facts.
NOTE: Alternative causes of action or defenses should be
distinguished from alternative reliefs. A single cause of action
may entitle a party to two alternative reliefs. For example, a
breach of contract entitles the plaintiff to either specific
performance or rescission. Alternative statements may be
made either in one cause of action or defense or in separate
causes of action or defenses.
h. Discuss allegation of conditions precedent.
Section 3. “Conditions precedent. — In any pleading a general
averment of the performance or occurrence of all conditions
precedent shall be sufficient. “
Condition Precedent – If the cause of action depends upon
a condition precedent, its fulfillment or legal excuse for
nonfulfillment must be averred.
A general averment of the performance or occurrence of all
conditions precedent shall be sufficient (Sec. 3, Rule 8)
All valid conditions precedent to the institution of a
particular action, whether prescribed by statute, fixed by
agreement of the parties, or implied by law must be
performed or complied with before commencing the
action. Such fact must be pleaded.
Failure to comply with a condition precedent is a ground for a
motion to dismiss (Sec. 1(j), Rule 16)
Examples of Conditions Precedent:
(1) Exhaustion of administrative remedies
(2) Investigation by a fiscal is a prerequisite to annulment
of marriage when the defendant defaults [Tolentino v.
Villanueva (1974)]
(3) No suit shall be filed or maintained between members
of the same family unless it should appear that
earnest efforts at compromise have been made but
that the same have failed. [Art. 222, Family Code;
Versoza v. Versoza (1968)]
(4) Arbitration;
(5) Barangay Conciliation
i. How must allegations of fraud, mistake, condition of the
mind be made? Explain.
Section 5. “Fraud, mistake, condition of the mind. — In all
averments of fraud or mistake the circumstances constituting
fraud or mistake must be stated with particularity. Malice,
intent, knowledge, or other condition of the mind of a person
may be averred generally.”
An affidavit of merit is required for allegations of fraud,
mistake, or condition of the mind to be made. This is consistent
with Sec. 5, Rule 8, of the 1997 Rules of Civil Procedure,
which requires that “all averments of fraud or mistake the
circumstances constituting fraud or mistake must be
stated with particularity.”
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j. How must an allegation of a judgment be made?
Section 6. “Judgment. — In pleading a judgment or decision
of a domestic or foreign court, judicial or quasi-judicial tribunal,
or of a board or officer, it is sufficient to aver the judgment or
decision without setting forth matter showing jurisdiction to
render it.”
Section 6 requires that an authenticated copy of the
judgement or decision of domestic/foreign courts, tribunals,
boards or officers (without need to show jurisdiction) be
attached to the pleading.
Another explanation: In pleading a judgment or decision of
a domestic or foreign court, judicial or quasi-judicial tribunal, or
of a board or officer, it is sufficient to aver the judgment or
decision without setting forth matter showing jurisdiction
to render it.
k. What must be done if an action or defense is based on a
document?
Section 7. “Action or defense based on document. —
Whenever an action or defense is based upon a written
instrument or document, the substance of such instrument or
document shall be set forth in the pleading, and the original or
a copy thereof shall be attached to the pleading as an exhibit,
which shall be deemed to be a part of the pleading, or said
copy may with like effect be set forth in the pleading.”
Under the amended Section 7, the only way to plead an
actionable document is by setting forth the substance of
such document in the pleading and attaching the
document thereto as an exhibit which shall be considered as
part of the pleading.
l. What is an actionable document? Give examples.
An actionable document is the written instrument upon
which the action or defense is based. Where a pleader
relies upon a document, its substance must be set out in
the pleading either by its terms or by its legal effects.
Examples of actionable documents.
(1) A promissory note in an action to collect the amount
thereof.
(2) A deed of real estate mortgage in an action to
foreclose the mortgage.
(3) A written contract in an action to enforce or rescind
the same.
m. What is the effect of failure to deny an actionable
document?
Section 8. “How to contest such documents. — When an
action or defense is founded upon a written instrument, copied
in or attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse party,
under oath specifically denies them, and sets forth what he
claims to be the facts, but the requirement of an oath does not
apply when the adverse party does not appear to be a party to
the instrument or when compliance with an order for an
inspection of the original instrument is refused.”
To deny the genuineness and due execution of an
actionable document: (1) there must be a specific denial in
the responsive pleading of the adverse party; (2) the said

pleading must be under oath; and (3) the adverse party
must set forth what he claims to be the facts. Failure to
comply with the prescribed procedure results in the
admission of the genuineness and due execution of the
actionable document.
Effect of Failure to Deny Under Oath
(1) The genuineness and due execution is deemed
admitted.
(2) The document need not be formally offered in
evidence.
n. Distinguish genuineness from due execution.
Genuineness means nothing more than that the instrument
is not spurious, counterfeit, or of different import on its
face from the one executed; that the party whose signature it
bears really signed it and that at the time it was signed, it
was in words and figures exactly as set out in the pleading
of the party relying upon it.
NOTE: The party whose signature it bears admits that he
signed it.
Due execution means that if signed by an agent, it was with
the authority of the principal and where the name of a
corporation is signed to the document which is the basis of an
action, that the officer executing the contract had authority
to bind the corporation and that the corporation had the
capacity to enter into the contract.
NOTE: It was signed by another for him with his authority.
m. How is an action or defense based on a document
contested?
The defendant must declare under oath that he did not
sign the document or that it is otherwise false or
fabricated. The statement in the answer to the effect that the
instrument was procured by fraudulent representation does not
raise any issue as to its genuineness or due execution. On the
contrary, such plea is an admission both of the genuineness
and due execution thereof since it seeks to avoid the
instrument upon a ground not affecting either.
To deny the genuineness and due execution of an actionable
document:
(1) There must be a specific denial in the responsive
pleading of the adverse party;
(2) The said pleading must be under oath; and
(3) The adverse party must set forth what he claims to
be the facts.
NOTE: Failure to comply with the prescribed procedure
results in the admission of the genuineness and due
execution of the actionable document.
n. How is an official document or act alleged in a
pleading?
Section 9. “Official document or act. — In pleading an official
document or official act, it is sufficient to aver that the
document was issued or the act done in compliance with law.”
In order to plead an official document or an official act, it is
required to aver that the said document was issued or the
act done was in compliance with the law.
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o. What is a specific denial?
Section 10. “Specific denial. — A defendant must specify each
material allegation of fact the truth of which he does not admit
and, whenever practicable, shall set forth the substance of the
matters upon which he relies to support his denial. Where a
defendant desires to deny only a part of an averment, he shall
specify so much of it as is true and material and shall deny
only the remainder. Where a defendant is without knowledge or
information sufficient to form a belief as to the truth of a
material averment made to the complaint, he shall so state,
and this shall have the effect of a denial.”
The purpose of requiring the defendant to make a specific
denial is to make him disclose the matters alleged in the
complaint which he succinctly intends to disprove at the
trial, together with matters which he relied upon to
support the denial. The parties are compelled to lay their
cards on the table.
NOTE: “Succinctly” - in a brief and clearly expressed manner.
Additional NOTE: Denial need not be under oath when:
(1) The adverse party does not appear to be a party to
the instrument, or
(2) Compliance with an order for inspection of the
document has been refused.
p. What are the three modes of specific denial?
Modes of Specific Denial
(1) Specific Absolute Denial - Defendant must specify
each material allegation of fact the truth of which he
does not admit, and, whenever applicable, set forth
the substance of matters relied upon to support the
denial.
(2) Partial Specific Denial - If pleader decides to deny
only a part or a qualification of an averment:
(a) He shall specify so much of it as is true
and material
(b) He shall deny the remainder.
(3) Denial by Disavowal of Knowledge – The
defendant states that he is without knowledge or
information sufficient to form a belief as to the truth of
a material averment; has the effect of a denial.
NOTE: Denial by disavowal of knowledge must be availed of
with sincerity and in good faith – certainly neither for the
purpose of confusing the adverse party as to what allegations
of the complaint are really put in issue nor for the purpose of
delay..
q. Discuss negative defense and affirmative defense.
According to Rule 6, Section 5.
Section 5. "Defenses. — Defenses may either be negative or
affirmative.
(a) A negative defense is the specific denial of the
material fact or facts alleged in the pleading of the
claimant essential to his cause or causes of action.
(b) An affirmative defense is an allegation of a new
matter which, while hypothetically admitting the
material allegations in the pleading of the claimant,
would nevertheless prevent or bar recovery by him.
The affirmative defenses include fraud, statute of

limitations, release, payment, illegality, statute of
frauds, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of
confession and avoidance."
Negative defense – specific denial of the material facts or
facts alleged in the pleading of the claimant essential to his or
her cause or causes of action.
Affirmative defense – allegation of a new matter, while
hypothetically admitting to material allegations.
Additional Affirmative Defenses:
(1) Dismissal of a complaint such as lack of jurisdiction
over the subject matter.
(2) Pendency of another action between the same parties
for the same cause. (litis pendentia)
(3) And bar by a prior judgment. (res judicata)
r. What is a negative pregnant?
According to Philamgen v. Sweet Lines, G.R. No. 87434
(1993), a “negative pregnant “ is a denial pregnant with the
admission of the substantial facts in the pleading responded
to which are not squarely denied. It is in effect an admission of
the averment it is directed to.
Illustration: Person A borrowed money from Person B in the
amount of P1,000.00 on July 1, 2021. Now being questioned,
Person A denied his debt saying: “It wasn’t P1,000.00 that was
given to me on July 1, 2021.”
Person A’s statement of denial is a negative pregnant because
he did not clearly or specifically deny that he was indebted to
Person B.
NOTE: A negative pregnant is not a specific denial.
r.1. Discuss Guevarra v. Eala, A.C. No. 7136, 01
August 2007.
FACTS:
Joselano Guevarra filed a complaint for disbarment before the
Integrated Bar of the Philippines (IBP) Committee on Bar
Discipline (CBD) against Atty. Jose Emmanuel Eala a.k.a. Noli
Eala (respondent) for “grossly immoral conduct and violation of
the lawyer’s oath.”
Joselano first met Noli in January 2000 when when Joselano’s
then fiancée Irene Moje introduced Noli Eala to him as her
friend who was married to Mary Ann Tantaco with whom Noli
had three children.
After Joselano’s marriage to Irene on October of the same
year, Joselano noticed that Irene had been receiving from Noli
cellphone calls, as well as messages some of which read “I
love you,” “I miss you,” or “Meet you at Megamall.” He also
noticed that Irene habitually went home very late at night or
early in the morning of the following day, and sometimes did
not go home from work. Complainant also had seen Irene and
respondent together on two occasions. On the second
occasion, he confronted them following which Irene abandoned
the conjugal house.
The complainant later found out in the master’s bedroom, a
folded card bearing the words “I love you” on its face, dated
October 7, 2000, the day of his wedding to Irene. It was also
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revealed that Irene gave birth to a girl in 2002, naming
respondent in the Certificate of Live Birth as the girl’s father.
In the respondent’s answer to the complainant’s allegations, he
specifically denies having ever flaunted an adulterous
relationship with Irene, that their relationship was low
profile and known only to the immediate members of their
respective families. He also said that his special
relationship with Irene is neither under scandalous
circumstances nor tantamount to grossly immoral
conduct as would be a ground for disbarment.
Issue and Ruling: Whether the respondent committed acts
that are grossly immoral or which constitute serious moral
depravity that would warrant his disbarment or suspension
from the practice of law. (YES)
- There is more than clearly preponderant evidence
which support the accusation of the complainant
against the respondent. The answer made by
respondent, that they are on a “low profile”
relationship that is “neither scandalous nor
tantamount to grossly immoral conduct”, is an
admission that there is indeed a special
relationship between him and Irene and proves that
there was indeed an illicit relationship between the
two of them.
Moreover, respondent did not even deny his paternity to Irene’s
daughter, Samantha. Respondent merely denied not flaunting
the relationship but he does not deny the existence of the illicit
relationship. He also denied having personal knowledge of the
Birth Certificate of Samantha but not being her father. Thus, his
denials are just a negative pregnant because he just denied
the qualifying circumstances but admitted the fact itself. As to
the birth certificate, the hospital records custodian even
testified that Irene gave respondent’s name as the father of
Samantha. Given all these, the requirement for clearly
preponderant evidence in an administrative case has already
been satisfied.
Since the illicit affair and sexual relations between
respondent and Irene was one that is outside marriage, it
manifests a deliberate disregard of the sanctity and the
marital vows protected by the Constitution and affirmed
by our laws. Based on jurisprudence, it is a grossly
immoral conduct and indicative of an extremely low regard
for the fundamental ethics of the legal profession. The
respondent’s acts constitute a violation of Rules 1.01 and
7.03 of the Code of Professional Responsibility.
s. What is the effect of failing to make specific denials?
Section 11. “Allegations not specifically denied deemed
admitted. — Material averment in the complaint, other than
those as to the amount of unliquidated damages, shall be
deemed admitted when not specifically denied. Allegations of
usury in a complaint to recover usurious interest are deemed
admitted if not denied under oath.”
As a general rule, allegations not specifically denied are
deemed admitted.
t. What are the affirmative defenses allowed under Section
12 of Rule 8?
Section 12. “Affirmative defenses. -

(a) A defendant shall raise his or her affirmative
defenses in his or her answer, which shall be
limited to the reasons set forth under Section 5(b),
Rule 6, and the following grounds:
1. That the court has no jurisdiction over
the person of the defending party;
2. That venue is improperly laid;
3. That the plaintiff has no legal capacity
to sue;
4. That the pleading asserting the claim
states no cause of action; and
5. That a condition precedent for filing the
claim has not been complied with.
(b) Failure to raise the affirmative defenses at the
earliest opportunity shall constitute a waiver thereof.
(c) The court shall motu proprio resolve the above
affirmative defenses within thirty (30) calendar
days from the filing of the answer.
(d) As to the other affirmative defenses under the first
paragraph of Section 5(b), Rule 6, the court may
conduct a summary hearing within fifteen (15)
calendar days from the filing of the answer, Such
affirmative defenses shall be resolved by the court
within thirty (30) calendar days from the
termination of the summary hearing.
(e) Affirmative defenses, if denied, shall not be the
subject of a motion for reconsideration or petition for
certiorari, prohibition, or mandamus, but may be
among the matters to be raised on appeal after a
judgement on the merits.”
u. What is the effect of failure to raise those affirmative
defenses?
According to thr "Omnibus Motion Rule,” Sec. 1, Rule 9, as a
general rule, “defenses and objections not pleaded in the
answer or motion to dismiss are deemed waived.”
v. What is the duty of the court if there are affirmative
defenses raised?
According to Sec. 12(c): “The court shall motu proprio
resolve the above affirmative defenses within thirty (30)
calendar days from the filing of the answer.”
NOTE: “Motu proprio” - on its own initiative.
w. When is a summary hearing allowed prior to resolution
of affirmative defenses pleaded?
According to Sec. 12(d): “As to the other affirmative
defenses under the first paragraph of Section 5(b), Rule 6, the
court may conduct a summary hearing within fifteen (15)
calendar days from the filing of the answer, Such
affirmative defenses shall be resolved by the court within
thirty (30) calendar days from the termination of the
summary hearing.”
x. What is the remedy of a party when his pleaded
affirmative defenses are denied by the trial court?
According to Sec. 12(e): Affirmative defenses, if denied,
shall not be the subject of a motion for reconsideration or
petition for certiorari, prohibition, or mandamus, but may be
among the matters to be raised on appeal after a
judgement on the merits.”
y. What is a sham pleading?
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Section 13. “Striking out of pleading or matter contained
therein. — Upon motion made by a party before responding to
a pleading or, if no responsive pleading is permitted by these
Rules, upon motion made by a party within twenty (20) days
after the service of the pleading upon him, or upon the court's
own initiative at any time, the court may order any pleading to
be stricken out or that any sham or false, redundant,
immaterial, impertinent, or scandalous matter be stricken out
therefrom.”
A “sham pleading” is a civil pleading that appears to have
merit, but for which no supporting facts exist, and that has
brought for no purpose but to vex or to harass the
defendant.
z. What are the remedies against sham pleadings?
According to Sec. 13: “[T]he court may order any pleading to
be stricken out or that any sham or false, redundant,
immaterial, impertinent, or scandalous matter be stricken
out therefrom.”
aa. Read Rule 9.
RULE 9
Effect of Failure to Plead
bb. What is the effect of failure to plead defenses and
objection?
Section 1. “Defenses and objections not pleaded - Defenses
and objections not pleaded either in a motion to dismiss or in
the answer are deemed waived. However, when it appears
from the pleadings or the evidence on record that the court has
no jurisdiction over the subject matter, that there is another
action pending between the same parties for the same cause
or that the action is barred by a prior judgment or by statute of
limitations, the court shall dismiss the claim.”
According to thr "Omnibus Motion Rule,” Sec. 1, Rule 9, as a
general rule, “defenses and objections not pleaded in the
answer or motion to dismiss are deemed waived.”
NOTE: Without the rule, there will be no end in litigation
because the dissatisfied litigant may simply raise “new” or
additional issues in order to prevent, defeat, or delay the
implementation of an already final and executory judgement.
cc. What are the defenses or objections that are not
waived even if not pleaded? Why?
Exceptions - when the court shall dismiss the claim even if
defenses and objections are not pleaded.
(1) Lack of jurisdiction over the subject matter
(2) Pendency of another action between the same parties
for the same cause (litis pendentia)
(3) Bar by prior judgment (res judicata)
(4) statute of limitations
Except for the abovementioned defenses, other defenses
must be invoked when an answer or a motion to dismiss is
filed in order to prevent a waiver thereof. Otherwise stated,
if a defendant fails to raise a defense not specifically excepted
in Section 1, Rule 9 of the Rules of Court either in a motion to
dismiss or in the answer, such defense shall be deemed

waived, and consequently, defendant is already estopped from
relying upon the same in further proceedings.
dd. What happens to compulsory counterclaims or
cross-claims that are not set-up?
Section 2. “Compulsory counterclaim, or cross-claim not set
up barred. - A compulsory counterclaim, or a cross-claim, not
set up, shall be barred.”
EXCEPTION: According to Sec. 10, Rule 11, “If due to
oversight, inadvertence, excusable neglect, etc. the
compulsory counterclaim or a cross-claim, with leave of court,
may be set up by amendment before judgment.”
ee. What is a default?
Section 3. “Default; Declaration of. - 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, declaire the defending party in
default. Thereupon, the court shall proceed to render judgment
granting the claimant such relief as his or her pleading may
warrant,unless the court in its discretion requires the claimant
to submit evidence. Such reception of evidence may be
delegated to the clerk of court.
(a) Effect of order of default. — A party in default shall be
entitled to notice of subsequent proceedings but not
to take part in the trial. (2a, R18)
(b) Relief from order of default. — A party declared in
default may at any time after notice thereof and
before judgment file a motion under oath to set aside
the order of default upon proper showing that his
failure to answer was due to fraud, accident, mistake
or excusable negligence and that he has a
meritorious defense. In such case, the order of default
may be set aside on such terms and conditions as the
judge may impose in the interest of justice. (3a, R18)
(c) Effect of partial default. — When a pleading asserting
a claim states a common cause of action against
several defending parties, some of whom answer and
the others fail to do so, the court shall try the case
against all upon the answers thus filed and render
judgment upon the evidence presented. (4a, R18).
(d) Extent of relief to be awarded. — A judgment
rendered against a party in default shall not exceed
the amount or be different in kind from that prayed for
nor award unliquidated damages. (5a, R18).
(e) Where no defaults allowed. — If the defending party
in an action for annulment or declaration of nullity of
marriage or for legal separation fails to answer, the
court shall order the prosecuting attorney to
investigate whether or not a collusion between the
parties exists, and if there is no collusion, to intervene
for the State in order to see to it that the evidence
submitted is not fabricated.”
A default is the failure of the defendant to answer within
the proper period.
NOTE: Dual stages of default
(1) Declaration of Order of Default – when defendant
fails to answer within the time specified in the rules,
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the court shall, upon motion of the plaintiff and proof
of such failure, declare defendant in default
(2) Rendition of Judgment by Default – thereafter, on
the basis of the allegation of the complaint or after
receiving plaintiff’s evidence, the court shall render
judgment granting him such relief as the complaint
and the facts proven may warrant
Additional NOTE: When Declaration of Default is Proper -
There is only one instance when a party defendant can
properly be declared in default and that is when he fails to file
his answer within the reglementary period (Rule 11), or within
such extended time as he is allowed by the court.
ff. What are the requisites before a party may be declared
in default?
Requisites:
(1) The court must have validly acquired jurisdiction over
the person of the defendant either by service of
summons or voluntary appearance
(2) The defendant failed to file his answer within the time
allowed therefor
(3) There must be a motion by the plaintiff to declare the
defendant in default with notice to the latter
(4) There must be notice to the defendant by serving
upon him a copy of such motion
(5) There must be proof of such failure to answer
(6) There must be a hearing to declare defendant in
default
gg. When are defaults not allowed?
Section 3(e). “Where no defaults allowed - if the defending
party in an action for annulment or declaration of nullity of
marriage or for legal separation fails to answer, the court
shall order the Solicitor General or his or her deputized
public prosecutor, to investigate whether or not a collusion
between the parties exists, and if there is no collusion, to
intervene for the State in order to see to it that the
evidence submitted is not fabricated.”
hh. Discuss (a) effect of order of default; (b) relief from
order of default; (c) effect of partial default; (d) extent of
relief to be awarded; and (e) where no defaults allowed.
(a) Effect of order of default. - a party in default shall be
entitled to notices of subsequent proceedings but
shall not take part in the trial.
(b) Relief from order of default - A party declared in
default may at any time after notice thereof and
before judgment, file a motion under oath to set
aside the order of default upon proper showing
that his or her failure to answer was due to fraud,
accident, mistake or excusable negligence and
that he or she has a meritorious defense. In such
cases, the order of default may be set aside on such
terms and conditions as the judge may impose in the
interest of justice.
(c) Effect of partial default. - When a pleading
asserting a claim states a common cause of
action against several defending parties, some of
whom answer and the others fail to do so, the court
shall try the case against all upon the answers
thus file and render judgment upon the evidence
presented.

(d) Extent of relief to be awarded - A judgment
rendered against a party in default shall neither
exceed the amount or be different in kind from
that prayed for nor award unliquidated damages.
(e) Where no defaults allowed - if the defending party
in an action for annulment or declaration of nullity
of marriage or for legal separation fails to answer,
the court shall order the Solicitor General or his or
her deputized public prosecutor, to investigate
whether or not a collusion between the parties
exists, and if there is no collusion, to intervene for
the State in order to see to it that the evidence
submitted is not fabricated.
ii. Read Rule 10.
Rule 10
Amended and Supplemental Pleadings
jj. What is “amendment of a pleading”?
Section 1. “Amendments in general - Pleadings may be
amended by adding or striking out an allegation or the name of
any party, or by correcting a mistake in the name of a party or a
mistaken or inadequate allegation or description in any other
respect, so that the actual merits of the controversy may
speedily be determined without regard to technicalities, and in
the most expeditious and inexpensive manner.”
Pleadings may be amended:
- by adding or striking out an allegation or the name of
any party
- by correcting a mistake in the name of a party
- by correcting inadequate allegations or descriptions in
any other respect, so that the actual merits of the
controversy may speedily be determined without
regard to technicalities, and in the most expeditious
and inexpensive manner.
kk. When is amendment of a pleading a matter of right?
Section 2. “Amendments as a matter of right - A party may
amend his pleading once as a matter of right at any time
before a responsive pleading is served or, in the case of a
reply, at any time within ten (10) calendar days after it is
served.”
When a plaintiff may amend his complaint once as a
matter of right at any time before the answer is served
upon him. The defendant has the right to amend his
answer before the reply is served on him.
NOTE: A reply may be amended within ten (10) calendar days
after it is served.
ll. May an amendment be made during the pendency of a
motion to dismiss?
Responsive pleadings are those which seek affirmative relief
and/ or set up defenses, like an answer. A motion to dismiss is
not a responsive pleading for purposes of Section 2 of Rule 10
of the Rules of Court.
Hence, a plaintiff may amend his complaint as a matter of
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right after the filing of a motion to dismiss by the
defendant but before the service of an answer.
There is, therefore, no need for the court to allow the
admission of an amended complaint that is filed after the
defendant files a motion to dismiss but before the service of an
answer.
“Amendment is a matter of right before an order of
dismissal becomes final and before answer.”
mm. When is leave of court necessary to make an
amendment?
Section 3. “Amendments by leave of court - Except as
provided in the next preceding section, substantial
amendments may be made only upon leave of court. But such
leave shall be refused if it appears to the court that the motion
was made with intent to delay or confer jurisdiction on the
court, or the pleading stated no cause of action from the
beginning which could be amended. Orders of the court upon
the matters provided in this section shall be made upon motion
filed in court, and after notice to the adverse party, and an
opportunity to be heard.”
According to Rule 10, Section 3 of the Rules of Court, leave of
court is necessary to make an amendment when such
amendment is substantial in nature.
nn. When will leave of court be refused?
According to Rule 10, Section 3 of the Rules of Court, leave of
court will be refused if:
(1) delay the action; (2) confer jurisdiction on the court; or
(3) provide a cause of action where the pleading stated no
cause of action from the beginning.
It may likewise be refused if the leave of court is not made
on justifiable ground; that is, where amendment is not a
matter of right.
oo. What is a substantial amendment?
Amendments to the trial are regarded as “substantial” where
they are likely to have a significant impact on: the safety or
physical or mental integrity of the subjects, or the scientific
value of the trial, or the conduct or management of the trial,
or the quality or safety of any IMP used in the trial.
According to Ricarze v. CA, “[a] substantial amendment
consists of the recital of facts constituting of offense and
determinative of the jurisdiction of the court.”
pp. What is a formal amendment?
Section 4. “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.”
qq. Is there a need to amend pleadings to conform to
evidence presented during trial? Explain.
Section 5. “No Amendment necessary to conform to or
authorize presentation of evidence - When issues not raised

by the pleadings are tried with the express or implied
consent of the parties, they shall be treated in all respects
as if they had been raised in the pleadings. No amendment
of such pleadings deemed amended is necessary to cause
them to conform to the evidence.”
rr. What is a supplemental pleading?
Section 6. “Supplemental Pleadings- Upon motion of a party
the court may, upon reasonable notice and upon such terms as
are just, permit him or her to serve a supplemental pleading
setting forth transactions, occurrences or events which have
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.”
A supplemental pleading serves to bolster or add something
to the primary pleading. Its usual office is to set up new
facts which justify, enlarge or change the kind of relief
with respect to the subject matter as the controversy
referred to in the original complaint.
ss. When is supplemental pleading allowed?
Under Section 6, Rule 10, the court “may” admit supplemental
pleadings, but the admission of these pleadings remains in the
sound discretion of the court. These pleadings may even be
filed before the appellate court.
The adverse party should file an answer to a supplemental
complaint inasmuch as his original answer does not ordinarily
cover the subsequent events
According to Sec. 6, A supplemental pleading is allowed 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 10 calendar days from
notice of the order admitting the supplemental pleading
tt. Distinguish between an amendment and a supplemental
pleading.
Amended pleadings are proper in order to allege facts
which occurred prior to the filing of the original pleadings,
but which for some reason, such as oversight, inadvertence,
or subsequent discovery, were not alleged therein.
Supplemental pleadings are proper in order to allege facts
which occurred after the filing of the original pleadings.
NOTE: Amended pleadings are designed to include matters
occurring before the filing of the bill but either overlooked or not
known at the time. On the other hand, Supplemental
pleadings are designed to cover matters subsequently
occurring but pertaining to the original cause
uu. How is filing of an amended pleading done?
Section 7. “FIling of amended pleadings.- When any pleading
is amended, a new copy of the entire pleading,
incorporating the amendments, which shall be indicated
by appropriate marks, shall be filed.”
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vv. What is the effect of an amended pleading: (1) on
original pleading?; (2) on what is reiterated in the
amended pleading?; (3) as to date of filing of pleading?;
and (4) as to evidence already presented?
Section 8. “Effect of amended pleadings. - An amended
pleading supersedes the pleading that it amends. However,
admissions in superseded pleadings may be offered in
evidence against the pleader, and claims or defenses alleged
therein not incorporated in the amended pleading shall be
deemed waived.”
Under Section 8, Rule 10, an amended complaint supersedes
and takes the place of an original one. As a consequence, the
original complaint is deemed withdrawn and abandoned and
no longer considered part of the record; it ceases to perform
any further function as a pleading.
An original complaint once amended, loses its character as a
judicial admission, which would have required no proof, and
becomes merely an extrajudicial admission, the admissibility of
which, as evidence, requires its formal offer.
A statement in the original pleading, if desired to be utilized,
must be adduced and offered in evidence.
COMMENTS:
(1) An amended pleading supersedes the pleading that it
amends. It takes the place of the original pleading, which is
then deemed abandoned and withdrawn.
(2) A defendant may also file a complaint in the form of a
counterclaim. The amendment just reiterates or emphasizes
that the filing of the complaint is not limited to the plaintiff, as
any claiming party, including a defendant, may file the same.
(3) The date of the amended pleading shall be the new date of
the pleading. (NOT SURE)
(4) _____ (I feel like the evidence would still be the same,
unless the amendment is supplemental in nature, because the
Court, in the first place, would not admit the amendment (NOT
SURE), if it is an amendment with regards to the evidence.)
xx. What is the effect of failure to offer in evidence against
the pleader admissions in superseded pleadings?
An original complaint once amended, loses its character
as a judicial admission, which would have required no proof,
and becomes merely an extrajudicial admission, the
admissibility of which, as evidence, requires its formal offer.
NOTE: The claims and defenses alleged therein not
incorporated in the amended pleading shall be deemed
waived.

8th Week - PH Courts and Procedures
a. Read Rule 11.
RULE 11
When to File Responsive Pleadings
b. How many days does a defendant have to answer the
complaint?
Section 1. “Answer to the complaint. — The defendant shall
file his answer to the complaint within thirty (30) calendar
days after service of summons, unless a different period is
fixed by the court.”
NOTE: Rule 11 applies to all persons – natural and juridical
such as a corporation.
Section 1 is the GENERAL RULE – the defendant has a period
of 30 days after service of summons within which to file his
answer. The procedure is when a plaintiff files a complaint in
court, the court will issue summons (which is the counterpart of
a warrant of arrest in criminal cases). The sheriff of the court
will look for the defendant and serve him a copy of the
complaint. From that day on, the defendant has 30 days to file
his answer.
Illustration: If the defendant is served with a copy of the
complaint and summons today (January 1, 2000), the last day
to file an answer will be January 30, 1998. Just add 30 days to
January 1.
In computing the period, you follow the rule known as “exclude
the first, include the last day rule” under Article 13 of the New
Civil Code. I think you know how to apply that. When you
receive the complaint today or when you are summoned today,
you start counting the period tomorrow.
c. How many days does a defendant foreign private
juridical have to answer the complaint?
Section 2. “Answer of a defendant foreign private juridical
entity. — Where the defendant is a foreign private juridical
entity and service of summons is made on the government
official designated by law to receive the same, the answer
shall be filed within sixty (60) calendar days after receipt
of summons by such entity.”
The defendant here is a foreign private juridical entity,
meaning, a foreign corporation doing business in the
Philippines. In the first place, one cannot sue a foreign private
corporation which is not doing business in the Philippines
because there is no way that the court can acquire jurisdiction
over the person of such corporation. If the foreign private
corporation is doing business in the Philippines, then one
can sue it here in the Philippines.
d. How many days does a defendant have to answer an
amended complaint, which was filed as a matter of right?
Section 3. “Answer to amended complaint. — When the
plaintiff files an amended complaint as a matter of right,
the defendant shall answer the same within thirty (30)
calendar days after being served with a copy thereof.
(Answer for letter “e” and “f”.) Where its filing is not a
matter of right, the defendant shall answer the amended
ANTONIO
complaint within fifteen (15) calendar days from notice of
the order admitting the same. An answer earlier filed may
serve as the answer to the amended complaint if no new
answer is filed.
This Rule shall apply to the answer to an amended
counterclaim, amended cross-claim, amended third (fourth,
etc.)-party complaint, and amended complaint-in-intervention.”
NOTE: Rule 10 Section 2. “Amendments as a matter of
right - A party may amend his pleading once as a matter of
right at any time before a responsive pleading is served or, in
the case of a reply, at any time within ten (10) calendar days
after it is served.”
A plaintiff may amend his complaint once as a matter of
right at any time before the answer is served upon him.
The defendant has the right to amend his answer before
the reply is served on him.
e. How many days does a defendant have to answer an
amended complaint, which was filed not as a matter of
right?
Where its filing is not a matter of right, the defendant shall
answer the amended complaint within fifteen (15) calendar
days from notice of the order admitting the same. An
answer earlier filed may serve as the answer to the amended
complaint if no new answer is filed.
f. What happens if a defendant, who has previously
answered the original complaint, does not answer an
amended complaint?
According to Rule 11, Sec. 3, par. 2, “An answer earlier filed
may serve as the answer to the amended complaint if no
new answer is filed.”
NOTE: Amended complaint must be served upon the
defendant. Otherwise, the period to answer does not begin to
run.
g. What is the period to answer a counterclaim or
cross-claim?
Section 4. “Answer to counterclaim or cross-claim. — A
counterclaim or cross-claim must be answered within twenty
(20) calendar days from service.”
Q: What happens if the plaintiff does not answer the
counterclaim of the defendant?
A: He can be declared in default on the counterclaim. He
has still stood to prove his cause of action in the main case but
he loses his standing to defend himself in the
counterclaim.
Q: Are there instances where an answer to a counterclaim
is optional? Meaning, the plaintiff does not answer and he
cannot be declared in default.
A: YES, that is when the counterclaim is so intertwined with the
main action – they are so intertwined that if the plaintiff would
answer the counterclaim, it would only be a repetition of
what he said in his complaint. In this case, even if the
plaintiff will not answer, he cannot be declared in default.

h. What is the period to answer a third-party complaint?
Section 5. "Answer to third (fourth, etc.)-party complaint. —
The time to answer a third (fourth, etc.)—party complaint shall
be governed by the same rule as the answer to the
complaint."
NOTE: Section 1. “Answer to the complaint. — The defendant
shall file his answer to the complaint within thirty (30)
calendar days after service of summons, unless a different
period is fixed by the court.”
The third-party defendant is served with summons just like the
original defendant. Hence, he also has 15, 30 or 60 days from
service of summons, as the case may be, to file his answer.
i. What is the period for filing a Reply?
Section 6. “Reply. — A reply, if allowed under Section 10, Rule
6 hereof, may be filed within fifteen (15) calendar days from
service of the pleading responded to.”
j. What is the period to answer a supplemental complaint?
Section 7. "Answer to supplemental complaint. — A
supplemental complaint may be answered within twenty (20)
calendar days from notice of the order admitting the same,
unless a different period is fixed by the court. The answer
to the complaint shall serve as the answer to the supplemental
complaint if no new or supplemental answer is filed.”
NOTE: “Supplemental” means bringing in new issues.
k. What happens if a supplemental complaint is not
answered?
According to Rule 11, Sec. 7, “The answer to the complaint
shall serve as the answer to the supplemental complaint if
no new or supplemental answer is filed.”
l. What is the rule regarding pleading an existing
counterclaim or cross-claim?
Section 8. “Existing counterclaim or cross-claim. — A
compulsory counterclaim or a cross-claim that a defending
party has at the time he files his answer shall be contained
therein.”
One of the requisites to make a counterclaim compulsory
is that the defending party has the counterclaim at the
time he files his answer. This is related with Section 7, Rule
6.
An existing compulsory counterclaim or cross claim
should be included in the answer. If it is not included, it shall
be barred, unless with leave of court, it is set up in an
amended answer before judgment.
Additional NOTE: Section 9. “Counterclaim or cross-claim
arising after answer. — A counterclaim or a cross-claim which
either matured or was acquired by a party after serving his
pleading may, with the permission of the court, be presented as
a counterclaim or a cross-claim by supplemental pleading
before judgment.”
ANTONIO
m. What happens if an existing counterclaim or
cross-claim is not pleaded? Is there an exception?
Section 10. “Omitted counterclaim or cross-claim. — When a
pleader fails to set up a counterclaim or a cross-claim through
oversight, inadvertence, or excusable neglect, or when justice
requires, he may, by leave of court, set up the counterclaim
or cross-claim by amendment before judgment.”
NOTE: “Leave of court” means the grant by the court of
something, which, without such grant it would have been
unlawful to do.
Additional NOTE: If the counterclaim or cross-claim was
acquired by a party after serving his pleading, he may
raise it by way of supplemental pleading. But if a pleader
fails to set up a counterclaim or a crossclaim which is already
matured when he filed his pleading due to oversight
inadvertence or excusable neglect, then he may raise it by way
of amended pleading before judgment. Leave of court is
necessary.
n. What is the rule regarding pleading an after-acquired
counterclaim or cross-claim?
After you acquire a newly discovered counterclaim, just
ask for leave of court to file a supplemental pleading so
that you may add to your counterclaim.
There are two requisites for a court to allow an omitted
counterclaim or cross-claim by amendment:
(1) There was oversight, inadvertence, or excusable
neglect, or when justice requires; and
(2) The amendment is made before judgement.
o. When may the period to file an answer be extended?
How many times and how long?
Section 11. “Extension of time to file an answer. — A
defendant may, for meritorious reasons, be granted an
additional period of not more than thirty (30) calendar days
to file an answer. A defendant is only allowed to file one
(1) motion for extension of time to file an answer.
A motion for extension to file any pleading, other than an
answer, is prohibited and considered a mere scrap of paper.
The court, however, may allow any other pleading to be
filed after the time fixed by these Rules.”
The 2019 Amendments limit the motion for extension only
for the filing of an answer to limit the period for litigation and
to speed up the disposition of cases.
A motion for extension of time must be filed before the
expiration of the time sought to be extended.
NOTE: If the last day of the period for filing a pleading falls on
a legal holiday (Sat and Sun), any extension of the time to file
the same should be counted from the expiration of the period
regardless of the fact that said due date is on a legal holiday.
NOTE: The court may accept an answer though filed late if it is
within their discretion.
Requisites: 1. There must be a motion; 2. With service of such
motion to other party; and 3. On such terms as may be just.

o.1. Discuss Reinier Pacific International
Shipping, Inc. v. Capt. Guevarra, G.R. No. 157020, 19 June
2013.
FACTS:
On May 3, 2000 petitioner Reinier Shipping hired respondent
Capt. Francisco Guevarra. In the course of his work on
board, Reinier Shipping sent him Notice, relieving him of
command of the vessel. Guevarra filed a case for illegal
dismissal and damages against Reinier Shipping and its
principal.
Additional details: Reinier Shipping countered that Guevarra
had been negligent in the discharge of his duties as ship
master. One of the vessel’s hatch covers was damaged
when it was discharging coal in Alabama, U.S.A. As a
result, the charterers were forced to shoulder the repair
costs. Reinier had no choice but yield to the demands of the
chatterers for Guevarra’s replacement.
The Labor Arbiter found that Reinier Shipping denied
Guevarra his right to due process since it did not give him
the opportunity to be heard and ordered Reinier Shipping and
its principal to jointly and severally pay him the US$11,316.00
that represent his salaries for the remaining balance of the
contract plus attorney’s fees of US$1,131.60.
Additional details: Guevarra claims that the damage to the
vessel had been caused by cargo-handling stevedores. Reinier
Shipping did not bother to ascertain his guilt; it merely invoked
the demand of the chatterers and vessel owners that he be
replaced.
Reinier Shipping appealed to the National Labor Relations
Commission (NLRC). On February 22, 2002, NLRC affirmed
the Labor Arbiter’s decision.
The due date to file a petition for special civil action of
certiorari before the Court of Appeals (CA) fell on July 26,
2002, a Friday. Reinier Shipping succeeded in obtaining an
extension of 15 days, which period counted from July 26
began to run on July 27, a Saturday, and fell due on August
10, a Saturday. Reinier Shipping filed its petition on the
following Monday, August 12, 2002.
On November 11, 2002 the CA dismissed the petition for
having been filed out of time. Since August 10, 2002, the
last day of the extended period, fell on a Saturday,
automatic deferment to the next working day did not apply.
The CA held that since the courts were closed on August
10 (Saturday), Reinier Shipping should have filed its
petition not later than Friday, August 9.
ISSUE: Whether the CA erred in dismissing its petition for
having been filed out of time. (YES.)
HELD:
Section 1, Rule 22 speaks only of "the last day of the period"
so that when a party seeks an extension and the same is
granted, the due date ceases to be the last day and hence, the
provision no longer applies.
The CA is obviously wrong since it would mean
compelling Reinier Shipping to file its petition one day
short of the 15-day extension granted it. That would
unjustly deprive it of the full benefit of that extension.
Since its new due date fell on a Saturday when courts are
ANTONIO
close, however, the clear language of Section 1, Rule 22,
applies. This gives Reinier Shipping up to Monday (August
12), the next working day, within which to file its petition.
SC REVERSES and SETS ASIDE the Court of Appeals'
Resolutions dated November 11, 2002 and January 23, 2003
and DIRECTS the CA to give due course to petitioner
Reinier Pacific International Shipping, Inc.'s petition.
Additional NOTE: Rule 22, Section 1. “How to compute time.
— In computing any period of time prescribed or allowed by
these Rules, or by order of the court, or by any applicable
statute, the day of the act or event from which the designated
period of time begins to run is to be excluded and the date of
performance included. If the last day of the period, as thus
computed, falls on a Saturday or a Sunday, or a legal holiday in
the place where the court sits, the time shall not run until the
next working day.”
o.2. Discuss Philippine National Bank v. Deang
Marketing Corporation, G.R. No. 177931, 08 December
2008.
FACTS:
Deang Marketing Corporation and Berlita Deang filed before
the RTC of Angeles City a Complaint against PNB for
reformation of contract and specific performance, claiming
that a dacion en pago arrangement in the February 21,
2005 Consolidation and Restructuring Agreement forged
by them transformed respondents' outstanding loan
obligations into a 7-year term loan of P36,483,699.45.
Summons was served on petitioner on April 20, 2006
(petitioner alleges it received the summons on April 24,
2006. Process Server's Return, on the other hand,
indicates that PNB received the summons on April 20,
2006.)
On May 15, 2006, Deang filed a Motion to Declare
Defendant (PNB) in Default, which they set for hearing on
May 24, 2006. On the same date, the trial court received
PNB’s Motion for Extension [30 days up to June 11, 2006] to
File its Answer dated May 5, 2006.
On May 16, 2006 or eight days prior to the hearing of Deang’s
Motion to Declare PNB in Default, RTC granted PNB’s Motion
for Extension of Time to File Answer. Deang filed a Motion
for Reconsideration.
In the meantime, PNB filed its Answer to the Complaint on May
25, 2006.
RTC, by Order of August 9, 2006, denied Deang’s Motion for
Reconsideration of its May 16, 2006 Order and, again, granted
the latter's Motion for Extension.
Deang assailed the trial court's decision via certiorari to
the Court of Appeals which, on February 26, 2007, annulled
the trial court's orders. "WHEREFORE, premises considered,
the petition is GRANTED, declaring PNB IN DEFAULT and the
Answer filed by PNB is ordered EXPUNGED from the
records of the case. SO ORDERED."
PNB filed a Motion for Reconsideration with the CA but was
denied by Resolution of May 16, 2007. It filed the present
Petition for Review which ascribes error to the CA.

ISSUE: Whether CA erred in declaring PNB in default by
annulling and setting aside the Orders of the RTC. (NO.)
HELD:
PNB’s petition is DENIED.
Petitioner PNB had, following the reglementary 15-day period
after service of summons, until May 5, 2006 to file an Answer
or appropriate pleading. It filed the Motion for Extension which
was received by the trial court on May 15, 2006 or ten days
late.
SC stated that a motion for extension of time to file a pleading
must be filed before the expiration of the period sought to be
extended. The court's discretion to grant a motion for extension
is conditioned upon such motion's timeliness, the passing of
which renders the court powerless to entertain or grant it.
Since the motion for extension was filed after the lapse of the
prescribed period, there was no more period to extend.
Additional NOTE: Petitioner was not candid enough to aver
in the Motion for Extension that the period had lapsed, as
it still toyed with the idea that it could get away with it. The
allegations therein were crafted as if the said motion was
timely filed. Notably, the May 16, 2006 Order expressed no
inkling that the motion was filed out of time. The trial court
either was deceived by or it casually disregarded the apparent
falsity foisted by the petitioner. Lest this Court be similarly
deceived, it is imperative to carefully examine the facts.
In requesting for a 30-day extension or until June 11, 2006 to
file answer, petitioner apparently reckoned the date from which
the extension would start on May 12, 2006, which was not the
last day of the 15-day period sought to be extended, it being
May 5, 2006. By computation, petitioner actually sought
more than 30 days, contrary to the period of extension it
purportedly requested. The counting of the period was
erroneous, even if one uses the material dates alleged by
petitioner. Petitioner clearly disregarded elementary rules and
jurisprudence16 on the matter.
Additional NOTES: By petitioner's allegation in its Motion
for Extension, it received the summons on April 24, 2006. This
is belied by the Process Server's Return, which indicates
that petitioner received the summons on April 20, 2006.
Petitioner's counsel was to later clarify that it was only on April
24, 2006 that she received copies of the summons and
complaint which were faxed from petitioner's main office.
More. Petitioner served and filed the Motion for Extension
through a private courier, LBC, a mode not recognized by the
rules. Explanation for availing such mode was not stated in the
Motion. The mode was, nonetheless, clearly unjustifiable,
considering that (a) petitioner's handling counsel was based in
nearby San Fernando; (b) postal registry service is, for lack of
explanation to the contrary, available in Pampanga; (c) urgency
is out of the equation because the official date of filing done via
private messengerial service is the date of actual receipt of the
court, and had the motion been personally filed the following
day (May 15, 2006), it would have reached the court earlier. It
thus shows that the mode was utilized to obscure any
indication that the motion was filed out of time.
Final Decision: The Court thus finds petitioner's
negligence inexcusable, as the circumstances behind and
the reasons for the delay are detestable.
ANTONIO
Additional NOTE: “Dacion en pago” means handing back
the keys to a lender, and in exchange a lender discharges
in full the mortgage liability not holding a borrower liable
in the future.
THIS CASE IN A NUTSHELL: April 20 yung service of
summons so dapat by May 5, may sagot na yung PNB. So
sabi ng PNB, "April 24 namin na-receive and service of
Summons." pero sabi ng Process Server's Return, April 20
talaga nila na-receive (so wala silang takas dun). So ang
nangyari, since dapat May 5 ang Answer ni PNB or since
dapat on May 5 ang Motion for Extension of Time ni PNB, in
default na sila kasi May 15 na na-receive nf Trial Court ang
Motion for Extension ni PNB (10 days late from the supposed
May 5). Therefore, SC affirmed CA's decision of defaulting
PNB.
p. Read Rule 12.
RULE 12
Bill of Particulars
q. What is a bill of particulars? What is its purpose?
Section 1. “When applied for; purpose. — Before responding
to a pleading, a party may move for a definite statement or
for a bill of particulars of any matter, which is not averred
with sufficient definiteness or particularity, to enable him
or her properly to prepare his or her responsive pleading.
If the pleading is a reply, the motion must be filed within ten
(10) calendar days from service thereof. Such motion shall
point out the defects complained of, the paragraphs wherein
they are contained, and the details desired.”
q.1. Discuss Salita v. Hon. Magtolis, G.R. No.
106429, 13 June 1994.
FACTS:
Erwin Espinosa, 32, and Joselita Salita, 22, were married at
the Roman Catholic Church in Ermita, Manila, on 25 January
1986 but separated in 1988. Erwin sued for annulment on
the ground of Joselita’s psychological incapacity (Art. 36,
FC)
The petition for annulment was filed before the RTC QC on
January 7 1992. He alleges that sometime in 1987, he came
to realize that Salita was psychologically incapacitated to
comply with the essential marital obligations of their
marriage, which incapacity existed at the time of the marriage
although the same became manifest only thereafter.
Dissatisfied with the allegation in the petition, Joselita
moved for a bill of particulars which the trial court granted.
Subsequently, in his Bill of Particulars, Edwin specified that —
“[A]t the time of their marriage, respondent (Joselita
Salita) was psychologically incapacitated to comply
with the essential marital obligations of their marriage
in that she was unable to understand and accept the
demands made by his profession — that of a newly
qualified Doctor of Medicine — upon petitioner’s time
and efforts so that she frequently complained of his
lack of attention to her even to her mother, whose
intervention caused petitioner to lose his job.”
Still, Joselita was not contented with the Bill of Particulars
and argued that the assertion in the Bill of Particulars is a
statement of legal conclusion made by Espinosa’s counsel

and not an averment of “ultimate facts,” as required by the
Rules of Court, from which such a conclusion may properly be
inferred. The trial court, however, found the questioned Bill
of Particulars adequate and issued an order upholding its
sufficiency; directing Joselita to file her responsive
pleading.
Joselita was not convinced. She filed a petition for
certiorari with us. However, we referred her petition to the
Court of Appeals for resolution.
On 21 July 1992, the Court of Appeals denied due course to
her petition thus —
In the case under consideration, Espinosa has amplified
Salita’s alleged psychological incapacity in his bill of particulars
In our view (CA), the aforesaid specification more than satisfies
the Rules’ requirement that a complaint must allege the
ultimate facts constituting a plaintiff’s cause of action. To
require more details thereof, to insist on a specification of
Salita’s particular conduct or behavior with the corresponding
‘circumstances of time, place and person’ indicating her
alleged psychological incapacity would be to ask for
information on evidentiary matters. To obtain evidentiary
details, Salita may avail herself of the different modes of
discovery provided by the Rules of Court.
Espinosa’s averments in his bill of particulars constitute
psychological incapacity in the contemplation of the
Family Code is a question that may be resolved in a
motion to dismiss or after trial on the merits of the case,
not in a motion for bill of particulars. And certainly, that
matter cannot be resolved in the present petition.
Petitioner insists that the allegations in the Bill of
Particulars constitute a legal conclusion, not an averment
of facts, and fail to point out the specific essential marital
obligations she allegedly was not able to perform, and thus
render the Bill of Particulars insufficient if not irrelevant to her
husband’s cause of action. She rationalizes that her
insistence on the specification of her particular conduct or
behavior with the corresponding circumstances of time,
place and person does not call for information on evidentiary
matters because without these details she cannot
adequately and intelligently prepare her answer to the
petition.
Private respondent further argues that "conclusions of law
and evidentiary matters need not be stated in the
complaint. The rules of pleading limit the statement of the
cause of action only to such operative facts as would give
rise to the right of action of the plaintiff to obtain relief
against the wrongdoer. The details of probative matter or
particulars of evidence, statements of law, inferences and
arguments need not be stated."
ISSUE: Whether the Bill of Particulars submitted by Espinosa
is of sufficient definiteness or particularity as to enable Salita to
properly prepare her responsive pleading or for trial. (YES.)
HELD:
We sustain the view of the Court of Appeals that the Bill of
Particulars filed by Espinosa is sufficient to state a cause
of action, and to require more details from Espinosa would
be to ask for information on evidentiary matters. Indeed,
Salita has already been adequately apprised of Espinosa's
cause of action against her.
ANTONIO
On the basis of the aforequoted allegations, it is evident that
Salita can already prepare her responsive pleading or for
trial. Espinosa has already alleged that "she (petitioner) was
unable to understand and accept the demands made by
his profession… upon his time and efforts." Certainly, she
can respond to this. To demand for more details would
indeed be asking for information on evidentiary facts —
facts necessary to prove essential or ultimate facts. For sure,
the additional facts called for by Salita regarding her particular
acts or omissions would be evidentiary, and to obtain
evidentiary matters is not the function of a motion for bill
of particulars.
Key Takeaway: Espinosa’s Bill of Particulars is already
sufficient since it already contains his cause and right of
action to prepare Salita for her proper defense.
WHEREFORE, instant petition of Salita is DENIED.
r. When may a party seek a bill of particulars?
If a complaint contains insufficient cause of action or it is
vague, the defendant should file a motion for bill of particulars
and not a motion to dismiss.
The respondent in a lawsuit may request a bill of particulars if
the complaint has general allegations without getting into
the specific details that would be necessary for the
respondent to properly defend him/herself in the case.
s. What are the periods for filing a motion for bill of
particulars?
According to Rule 12, Sec. 1, “If the pleading is a reply, the
motion must be filed within ten (10) calendar days from
service thereof.”
t. What must the court do when a motion for bill of
particulars is filed?
Section 2. “Action by 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.”
u. If the motion for bill of particulars is granted, what is the
period within which the ordered party must comply?
Section 3. “Compliance with order. — If the motion is granted,
either in whole or in part, the compliance therewith must be
effected within ten (10) calendar days from notice of the
order, unless a different period is fixed by the court. The
bill of particulars or a more definite statement ordered by the
court may be filed either in a separate or in an amended
pleading, serving a copy thereof on the adverse party.”
v. What is the effect of non-compliance with an order
requiring particulars?
Section 4. “Effect of 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.”
 ANTONIO
w. What is the length of the period within which to respond
to a more definite pleading?

Section 5. “Stay of period to file responsive pleading — After

service of the bill of particulars or of a more definite
pleading, or after notice of denial of his or her motion, the
moving party may file his or her responsive pleading within the
period to which he or she was entitled at the time of filing his or
her motion, which shall not be less than five (5) calendar
days in any event.”

x. What is the length of the period within which a movant

must respond to a pleading when the motion for a bill of
particulars is denied?

According to Section 5, “After notice of denial of his motion, the

moving party may file his responsive pleading within the
period to which he or she was entitled at the time of filing
his motion, which shall not be less than five (5) days in
any event.”

z. What is the effect of a bill of particulars on the pleading

for which it was intended?

Section 6. “Bill a part of pleading.—A bill of particulars

becomes part of the pleading for which it is intended.”

9th Week - PH Courts and Procedures
a. Read Rule 13.
Rule 13
Filing and Services of Pleadings, Judgements and Other
Papers
Section 1. “Coverage. — This Rule shall govern the filing of all
pleadings and other papers, as well as the service thereof,
except those for which a different mode of service is
prescribed.”
b. What is filing?
Section 2. “Filing and service, defined. — Filing is the act of
presenting the pleading or other paper to the clerk of
court.
Service is the act of providing a party with a copy of the
pleading or paper concerned. If any party has appeared by
counsel, service upon him shall be made upon his counsel or
one of them, unless service upon the party himself is ordered
by the court. Where one counsel appears for several parties,
he shall only be entitled to one copy of any paper served upon
him by the opposite side. ”
c. What is service?
According to Rule 13, Sec. 2, par. 2, “Service is the act of
providing a party with a copy of the pleading or paper
concerned. If any party has appeared by counsel, service
upon him shall be made upon his counsel or one of them,
unless service upon the party himself is ordered by the court.
Where one counsel appears for several parties, he shall only
be entitled to one copy of any paper served upon him by the
opposite side.”
d. If a party is represented by counsel, who should be
notified?
When a party is represented by counsel of record, service of
orders and notices must be made upon said attorney; and
notice to the client and to any other lawyer, not the
counsel of record, is not notice in law. The exception to this
rule is when service upon the party himself has been ordered
by the court.
d.1. Discuss GCP-Manny Transport Services, Inc.
v. Hon. Principe, G.R. No. 141484, 11 Nov. 2005.
FACTS:
On April 18, 1990, Hon. Abraham Principe (private respondent)
filed the herein complaint against GCP-Manny Trans. Services
(petitioner) for damages for physical injuries sustained by
him as a passenger of petitioner’s bus.
On November 2, 1995, RTC rendered a decision in favor of the
private respondent. Copy of the decision sent to the Bus
Company was returned for the reason that it had moved
residence, while the copy sent to Atty. Arnold M. Aquino,
then petitioner’s counsel, was returned "unserved" being
unclaimed.
Petitioner states that a copy of the decision was personally
delivered by the Civil Docket Clerk of the trial court on Atty.
ANTONIO
Aquino who had refused to receive the same saying he was no
longer counsel for the petitioner, although no notice of
withdrawal as counsel was filed by him in court.
On April 11, 1996, private respondent, Judge Principe, filed a
motion for execution of the judgment, copy furnished to Atty.
Arnold M. Aquino and petitioner which the court granted on
October 9, 1996. The assailed writ of execution was
correspondingly issued, which petitioner received on October
30, 1996.
On November 5, 1996, Atty. Jose de Luna entered his
appearance as new counsel for the petitioner with motion for
reconsideration of the Order dated October 9, 1996 granting
the motion for execution or the quashal of the writ of execution
on the ground that petitioner had not been duly notified of the
decision. (Pinapa-quash ni Atty. de Luna yung Writ of
Execution kasi hindi naman daw na-notify si petitioner Bus
Company regarding the RTC’s affirmation of the Writ.)
On November 9, 1996, petitioner received a Notice of Demand
for Payment from the deputies of the Ex-officio Sheriff of the
RTC of Cagayan attaching thereto copies of the writ of
execution and the decision.
On November 14, 1996, petitioner filed a Notice of Appeal.
Two(2) months later, on January 23, 1997, the RTC denied
petitioners’ motion for reconsideration or to quash writ of
execution.
Petitioner went to the CA on a petition for certiorari claiming
that the denial of the respondent Judge of its motion for
reconsideration was tainted with grave abuse of discretion
since he was not duly notified of the decision and there is
no legal and factual basis for the issuance of the writ of
execution.
CA found no such abuse of discretion and dismissed the
petition. It likewise denied the petitioner's motion for
reconsideration.
Petitioner argues that it should be deemed as having no
notice of the trial court decision since its counsel, who
had not withdrawn as such, refused to receive a copy of
the same; such act of its counsel constitutes gross negligence
which does not bind petitioner; there was also no valid service
to Atty. Aquino because when he refused to receive a copy of
the decision, what the civil docket clerk of the trial court should
have done under the premises was to resort to substituted
service; since there was no notice to petitioner regarding the
trial court decision, the issuance of the writ of execution and
the denial of petitioner’s notice of appeal by respondent Judge
are null and void; (Sabi ni petitioner Bus Company na hindi
niya kasalanan na hindi siya na-notify dahil si Atty. Aquino ang
nag refuse na tanggapin yung notice from the Courts service.)
Hence, the instant petition. Petitioner prays that the decision
and the resolution promulgated by the CA be reversed; that an
order be issued nullifying the writ of execution issued by
respondent Judge; and that the notice of appeal of petitioner
be granted as it has a very meritorious defense based on
fortuitous event.
Respondent in his Comment contends that: since Atty. Aquino
is the counsel of petitioner from the trial up to its termination
and there is nothing in the record to show that he
withdrew as counsel of petitioner, the copy of the decision
mailed to him by registered mail although returned

unserved is sufficient to serve as notice to him and to his
client following Sec. 5 of Rule 13 of the Rules of Court; it
was the duty of petitioner to notify the court that Atty.
Aquino was no longer its lawyer; petitioner was negligent
in hiring a new counsel more than a year from July 1995
when Atty. Aquino was no longer its lawyer.
The implication, therefore, the implication is that Atty. Aquino
was still its counsel when the decision was rendered and when
a copy of the decision was sent to him by registered mail since
it is elementary that if a lawyer is going to withdraw as counsel
for his client, he should file a motion to withdraw as such with
the conformity of the client; thus Atty. Aquino remained to be
counsel of record of petitioner since it was only on October 26,
1996 when the services of Atty. Jose de Luna was engaged by
petitioner; and the writ of execution issued is valid and
proper considering that the decision of the court has
already become final and executory.
ISSUE: Whether or not there was a valid service of the court’s
decision to defendants herein and their former counsel. (YES.)
HELD:
Defendants’ main theory is that there was no valid service of
the decision to them by registered mail, and that, neither was
there a valid service of the decision to their former counsel,
Atty. Arnold Aquino, who refused to receive it when the Civil
Docket Clerk of this court personally handed a copy of the
decision to him.
Section 7, Rule 13 of the Rules of Court provides as follows:
Section 7 – Service of Final orders of Judgments.
Final orders of Judgments shall be served either personally or
by registered mail.
For the Rule to apply, service must have been made on the
counsel de parte and if it was sent to his address on record
and he fails to receive it for causes imputable to him it is not
necessary to effect further service upon the party he
represents.
As borne by the records itself, a copy of this court’s decision
was sent through registered mail on December 6, 1995 to Atty.
Arnold Aquino, who was at that time defendant’s counsel of
record, at his given address on record but the same was
returned with the annotation on the envelope that said counsel
had "moved". A separate copy of the decision was later sent
thru registered mail to the defendant GCP Manny Transport
Service, Inc. at its given address on record but was also
returned to the Court with the same annotation that said
defendant had "moved". It is not disputed that the address on
record of Atty. Arnold Aquino and GCP Manny Transport
Service Inc. is 1310 España Corner Galicia St., Sampaloc,
Manila. It was there where copies of the decision were sent.
WHEREFORE, the petition is hereby DISMISSED for lack of
merit.
Additional NOTES: Neither Atty. Arnold Aquino or defendant
GCP Manny Transport Service, Inc. informed the court of their
change of address. Naturally, copies of the decision in this
case were sent at their address of record. It is not incumbent
upon the court to determine the new address of party-litigants.
On the contrary, it is the duty of the parties to inform the court
of such change of address.
ANTONIO
Notwithstanding separate service of copy of decision to herein
defendant GCP Manny Transport Inc., and its counsel de parte
thru registered mail, the Court, likewise, available of personal
service of decision pursuant to Section 7 of said Rule 13.
Be it noted that the Civil Docket Clerk personally handed a
copy of the decision to Atty. Arnold Aquino who was in court
but who refused to receive it alleging that he is no longer the
counsel for the defendant. However, at the time of such
service, Atty. Aquino remained to be defendants’ counsel of
record since he did not formally withdraw as counsel for the
GCP Manny Transport Inc. It has been held time and again
that personal service of decision cannot be avoided by
counsel’s declining to accept it and service is deemed
complete regardless of such refusal to accept. And notice to
counsel operates as notice to clients.
It is now too late for herein defendants to advance the theory
that they have not received a copy of the decision in this case,
especially if the records thereof, would show otherwise. The
Court was not amiss in seeing to it that its final orders and
judgment were duly served or furnished the party-litigants and
their respective counsels and if they refuse to receive the
same, they must suffer the consequences thereof. The
decision rendered by this Court has already attained finality,
hence, may no longer be set aside not even reconsidered
without militating against the provisions of our procedural
laws.38
As a final note, let it be emphasized that before a counsel of
record may be considered relieved of his responsibility as such
counsel on account of withdrawal, it is necessary that Section
26, Rule 138 of the Rules of Court.
d.2. Discuss Waterfront Cebu City Casino Hotel,
Inc. v. Ledesma, G.R. No. 197556, 25 Mar. 2015.
FACTS:
Ildebrando Ledesma was employed as a House Detective at
Waterfront located at Salinas Drive, Cebu City.
On the basis of the complaints filed before Waterfront by
Christe Mandal, a supplier of a concessionaire of Waterfront,
and Rosanna Lofranco, who was seeking a job at the same
hotel, Ledesma was dismissed from employment. From the
affidavits and testimonies of Christe Mandal and Rosanna
Lofranco, Waterfront found that Ledesma kissed and
mashed the breasts of Christe Mandal inside the hotel’s
elevator, and exhibited his penis and asked Rosanna
Lofranco to masturbate him at the conference room of the
hotel.
On August 12, 2008, Ledesma filed a complaint for illegal
dismissal. The LA found that the allegations leveled against
Ledesma are mere concoctions (fabricated story), and
concluded that Ledesma was illegally dismissed.
Waterfront is likewise ordered to pay complainant Ledesma
service incentive leave pay in the amount of P3,910.50 plus
10% of the total monetary award as attorney’s fees.
On appeal, NLRC reversed the ruling of the LA and held
that Ledesma’s acts of sexual overtures to Christe Mandal
and Rosanna Lofranco constituted grave misconduct
justifying his dismissal from employment.
NLRC denied Ledesma’s motion for reconsideration on
February 22, 2010. A copy of the said Resolution was

received by Atty. Abellana, Ledesma’s counsel of record,
on March 15, 2010.
On May 17, 2010, or 63 days after Atty. Abellana received a
copy of the NLRC’s Resolution denying the motion for
reconsideration, said counsel filed before the CA a petition
for certiorari under Rule 65 of the Rules of Court.
In its Comment, Waterfront prayed for the outright
dismissal of the petition on the ground that it was
belatedly filed.
On August 5, 2010, Ledesma, now assisted by a new
counsel, filed a motion for leave to file an amended
petition, and sought the admission of his Amended
Petition for Certiorari. In the amended petition, Ledesma
contended that his receipt on March 24, 2010 (and not the
receipt on March 15, 2010 by Atty. Abellana), is the
reckoning date of the 60-day reglementary period within
which to file the petition. Hence, Ledesma claims that the
petition was timely filed on May 17, 2010.
On August 27, 2010, the CA granted leave of court to
Ledesma and admitted his amended petition for certiorari.
On March 17, 2011, CA reversed the Decision of the NLRC
and reinstating the ruling of the LA.
On June 21, 2011, CA denied the motion for
reconsideration filed by Waterfront. Thus, the present
petition for review on certiorari.
(Additional NOTE: Ledesma sought the dismissal of
the instant petition of Waterfront on the basis of the
following formal infirmities:
(1) The presentation of Gaye Maureen Cenabre,
the representative of Waterfront, of a
Community Tax Certificate before the Notary
Public to prove her identity, violated A.M. No.
02-8-13-SC, and rendered the jurat in the
verification and certification on non-forum
shopping of the petition as defective; and
(2) No certified true copy of the August 10, 2011
Board Resolution quoted in the Secretary’s
Certificate was attached to the petition.
The procedural infirmities pointed out by Ledesma in
the verification, being only a formal, not a
jurisdictional requirement, is not a fatal defect. In like
manner, there is no need to attach the certified true
copy of the Board Resolution quoted in the
Secretary’s Certificate attached to the petition. Only
the judgment, order or resolution assailed in the
petition are the attachments required under Section 4,
Rule 45 of the Rules of Court to be duplicate originals
or certified true copies.)
ISSUE: Whether the petition for certiorari was timely filed by
Ledesma with the CA. (NO.)
HELD:
The unjustified failure of Ledesma to file his petition for
certiorari before the CA within the 60-day period is a
ground for the outright dismissal of said petition.
Rule 65, Sec. 4. “When and where to file the petition. – The
petition shall be filed not later than sixty (60) days from notice
of the judgment, order or resolution. In case a motion for
reconsideration or new trial is timely filed, whether such motion
ANTONIO
is required or not, the petition shall be filed not later than sixty
(60) days counted from the notice of the denial of the motion.”
As the Rule now stands, petitions for certiorari must be filed
strictly within 60 days from notice of judgment or from the
order denying a motion for reconsideration (Laguna Metts
Corporation).
The petition for certiorari was filed with the CA beyond the
60-day period.
Atty. Abellana, Ledesma’s counsel, admittedly received a
copy of the NLRC Resolution denying the Motion for
Reconsideration on March 15, 2010 while Ledesma
received his copy on March 24, 2010.
Ledesma erroneously asserted in his petition for certiorari filed
before the CA, that the 60th day is May 15, 2010, counted from
March 15, 2010. In computing a period, the first day shall be
excluded, and the last included; hence, the last day to file his
petition for certiorari is on May 14, 2010, a Friday. Ledesma
therefore belatedly filed his petition on May 17, 2010.
NOTE: Notice to counsel is an effective notice to the client,
while notice to the client and not his counsel is not notice in
law.38 Receipt of notice by the counsel of record is the
reckoning point of the reglementary period.
Needless to stress, a decision that has acquired finality
becomes immutable and unalterable and may no longer be
modified in any respect, even if the modification is meant
to correct erroneous conclusions of fact or law and
whether it will be made by the court that rendered it or by
the highest court of the land. All the issues between the
parties are deemed resolved and laid to rest once a judgment
becomes final and executory; execution of the decision
proceeds as a matter of right as vested rights are acquired by
the winning party. Just as a losing party has the right to appeal
within the prescribed period, the winning party has the
correlative right to enjoy the finality of the decision on the case.
After all, a denial of a petition for being time-barred is
tantamount to a decision on the merits. Otherwise, there will be
no end to litigation, and this will set to naught the main role of
courts of justice to assist in the enforcement of the rule of law
and the maintenance of peace and order by settling justiciable
controversies with finality.
Additional NOTE: Such lewd acts of Ledesma constituted
misconduct or improper behavior which is a just cause for
his dismissal.
WHEREFORE, the November 27, 2009 Decision and February
22, 2010 Resolution of the National Labor Relations
Commission which found as valid the dismissal from
employment of lldebrando Ledesma are REINSTATED.
e. If there are multiple counsels representing a party, who
among the counsels must receive a copy of any pleading
or paper to be served?
Under the amendment, if several lawyers appear for one
party, only one copy of any pleading or paper shall be
served upon the lead counsel if one is designated, or upon
any of them if there is no such designation.
f. What are the manner of filing recognized under the
Section 3 of Rule 13? When are the pleadings and papers
considered filed?

Section 3. “Manner of filing. - The filing of pleadings and other
court submissions shall be made by:
(a) Submitting personally the original thereof, plainly
indicated as such, to the court;
(b) Sending them by registered email;
(c) Sending them by accredited courier; or
(d) Transmitting them by electronic mail or other
electronic means as may be authorized by the
Court in places where the court is electronically
equipped.”
g. What papers are required to be filed and served?
Section 4. “Papers 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.”
h. What are the recognized modes of service?
Section 5. “Modes of service. – Pleadings, motions, notices,
orders, judgments, and other court submissions shall be
served personally or by registered mail, accredited
courier, electronic mail, facsimile transmission, other
electronic means as may be authorized by the [c]ourt, or
as provided for in international conventions to which the
Philippines is a party.”
i. What is personal service?
Section 6. “Personal service. – Court submissions may be
served by personal delivery of a copy to the party or to the
party’s counsel, or to their authorized representative
named in the appropriate pleading or motion, or by leaving
it in his or her office with his or her clerk, or with a person
having charge thereof. If no person is found in his or her office,
or his or her office is not known, or he or she has no office,
then by leaving the copy, between the hours of eight in the
morning and six in the evening, at the party’s or counsel’s
residence, if known, with a person of sufficient age and
discretion residing therein.”
j. When is service by mail allowed?
Section 7. “Service by mail. – Service by registered mail
shall be made by depositing the copy in the post office, in
a sealed envelope, plainly addressed to the party or to the
party’s counsel at his or her office, if known, otherwise at
his or her residence, if known, with postage fully prepaid,
and with instructions to the postmaster to return the mail
to the sender after ten (10) calendar days if undelivered. If
no registry service is available in the locality of either the
sender or the addressee, service may be done by ordinary
mail.”
k. Discuss substituted service under Section 8 of Rule 13.
Section 8. “Substituted service. – If service of pleadings,
motions, notices, resolutions, orders and other papers cannot
be made under the two preceding [S]ections, 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.”
ANTONIO
l. Discuss service by electronic means and service by
facsimile.
Section 9. “Service by electronic means and facsimile. –
Service by electronic means and facsimile shall be made if
the party concerned consents to such modes of service.
Service by electronic means shall be made by sending an
e-mail to the party’s or counsel’s electronic mail address, or
through other electronic means of transmission as the parties
may agree on, or upon direction of the court. Service by
facsimile shall be made by sending a facsimile copy to the
party’s or counsel’s given facsimile number.”
m. What is presumptive service?
Section 10. “Presumptive service. – There shall be
presumptive notice to a party of a court setting if such notice
appears on the records to have been mailed at least twenty
(20) calendar days prior to the scheduled date of hearing
and if the addressee is from within the same judicial
region of the court where the case is pending, or at least
thirty (30) calendar days if the addressee is from outside
the judicial region.”
n. Discuss change of email address and facsimile number.
Section 11. “Change of electronic mail address or facsimile
number. – A party who changes his or her electronic mail
address or facsimile number while the action is 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.”
o. What is the prescribed format for the subject of an email
or a facsimile?
Section 12. “Electronic mail and facsimile subject and title of
pleadings and other documents. – The subject of the electronic
mail and facsimile must follow the prescribed format: case
number, case title and the pleading, order or document
title. The title of each electronically-filed or served
pleading or other document, and each submission served
by facsimile shall contain sufficient information to enable
the court to ascertain from the title: (a) the party or parties
filing or serving the paper, (b) nature of the paper, (c) the
party or parties against whom relief, if any, is sought, and
(d) the nature of the relief sought.”
p. How is service of judgments, final orders, or resolutions
done?
Section 13. “Service of [j]udgments, [f]inal [o]rders or
[r]esolutions. – 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.”
q. Which orders, pleadings, and documents must be
served or filed conventionally?

Section 14. “Conventional service or filing of orders, pleadings
and other documents. – Notwithstanding the foregoing, the
following orders, pleadings, and other documents must be
served or filed personally or by registered mail when
allowed, and shall not be served or filed electronically,
unless express permission is granted by the [c]ourt: (a)
Initiatory pleadings and initial responsive pleadings, such
as an answer; (b) Subpoena, 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.”
r. When is service completed?
Section 15. “Completeness of service. – Personal service is
complete upon actual delivery. Service by ordinary mail is
complete upon the expiration of ten (10) calendar days after
mailing, unless the court otherwise provides. Service by
registered mail is complete upon actual receipt by the
addressee, or after five (5) calendar days from the date he
or she received the first notice of the postmaster, whichever
date is earlier. Service by accredited courier is complete
upon actual receipt by the addressee, or after at least two
(2) attempts to deliver by the courier service, or upon the
expiration of five (5) calendar days after the first attempt to
deliver, whichever is earlier. Electronic service is complete at
the time of the electronic transmission of the document, or
when available, at the time that the electronic notification of
service of the document is sent. Electronic service is not
effective or complete if the party serving the document learns
that it did not reach the addressee or person to be served.
Service by facsimile transmission is complete upon receipt
by the other party, as indicated in the facsimile transmission
printout.”
s. Discuss proof of filing.
Section 16. “Proof of filing. – The filing of a pleading or any
other court submission shall be proved by its existence in the
record of the case.
(a) If the pleading or any other court submission is not in
the record, but is claimed to have been filed
personally, the filing shall be prove[n] 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
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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.”
t. Discuss proof of service.
Section 17. “Proof of service. – Proof of personal service shall
consist of a written admission of the party served, or the official
return of the server, or the affidavit of the party serving,
containing a statement of the date, place and manner of
service. If the service is made by:
(a) Ordinary mail. – Proof shall consist of an affidavit of
the person mailing stating the facts showing
compliance with [S]ection 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.”
u. What is a notice of lis pendens?
Section 19. “Notice of lis pendens. – In an action affecting the
title or the right of possession of real property, the plaintiff and
the defendant, when affirmative relief is claimed in his or her
answer, may record in the office of the registry of deeds of the
province in which the property is situated a notice of the
pendency of the action. Said notice shall contain the names of
the parties and the object of the action or defense, and a
description of the property in that province affected thereby.
Only from the time of filing such notice for record shall a
purchaser, or encumbrancer of the property affected thereby,
be deemed to have constructive notice of the pendency of the
action, and only of its pendency against the parties designated
by their real names.
The notice of lis pendens hereinabove mentioned may be
cancelled only upon order of the court, after proper showing
that the notice is for the purpose of molesting the adverse
party, or that it is not necessary to protect the rights of the party
who caused it to be recorded.”
v. When is a notice of lis pendens proper?
A notice of lis pendens is appropriate in the following cases:
(a) An action to recover possession of real estate;
(b) An action to quiet title thereto;
(c) An action to remove clouds thereon
(d) An action for partition; an

(e) Any other proceedings of any kind in Court directly
affecting the title to the land or the use or occupation
thereof or the buildings thereon
On the other hand, the doctrine of lis pendens has no
application in the following cases:
(a) Preliminary attachments;
(b) Proceedings for the probate of wills;
(c) Levies on execution;
(d) Proceedings for administration of estate of deceased
persons; and
(e) Proceedings in which the only object is the recovery
of a money judgement
Only parties to a case can request for the recording of the
pendency of an action on the title of the subject real property.
Applications for notice of lis pendens filed by persons claiming
interest over the real property but have no standing in the case
must be denied.
Additional NOTE: In order to record a lis pendens, an action
must first be pending in the proper court. The notice can only
be recorded by a party to an action in which a real
property claim is alleged.
w. When may a notice of lis pendens be cancelled?
The notice of lis pendens hereinabove mentioned may be
cancelled only upon order of the court, after proper showing
that the notice is for the purpose of molesting the adverse
party, or that it is not necessary to protect the rights of the party
who caused it to be recorded.
x. Read Rule 14.
SUMMONS
y. Define summons. What is its purpose?
Section 1. Clerk to issue summons. – Unless the
complaint is on its face dismissible under Section 1, Rule
9, the court shall, within five (5) calendar days from receipt
of the initiatory pleading and proof of payment of the
requisite legal fees, direct the clerk of court to issue the
corresponding summons to the defendants. (1a)
defendants. (1a)
Legal term : A summons is a form prepared by the plaintiff
and issued by a court that informs the defendant that they
are being sued or are required to appear in court. It may
be served by a sheriff or other authorized person, such as
the process server.
z. Who issues the summons?
Court
aa. When is it issued?
Section 1. Clerk to issue summons. – Unless the
complaint is on its face dismissible under Section 1, Rule
9, the court shall, within five (5) calendar days from receipt
of the initiatory pleading and proof of payment of the
requisite legal fees, direct the clerk of court to issue the
corresponding summons to the defendants. (1a)
bb. What are the contents of a summons?
Section 2. Contents. – The summons shall be directed to
the defendant, signed by the clerk of court under seal, and
contain: (a) The name of the court and the names of the
parties to the action;
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(b) When authorized by the court upon ex parte motion, an
authorization for the plaintiff to serve summons to the
defendant;
(c) A direction that the defendant answer within the time
fixed by these Rules; and
(d) A notice that unless the defendant so answers, plaintiff
will take judgment by default and may be granted the relief
applied for.
cc. Who serves the summons?
Section 3. By whom served. – The summons may be
served by the sheriff, his or her deputy, or other proper
court officer, and in case of failure of service of summons
by them, the court may authorize the plaintiff - to serve the
summons - together with the sheriff.
In cases where summons is to be served outside the
judicial region of the court where the case is pending, the
plaintiff shall be authorized to cause the service of
summons.
If the plaintiff is a juridical entity, it shall notify the court,
in writing, and name its authorized representative therein,
attaching a board resolution or secretary’s certificate
thereto, as the case may be, stating that such
representative is duly authorized to serve the summons
on behalf of the plaintiff.
If the plaintiff misrepresents that the defendant was
served summons, and it is later proved that no summons
was served, the case shall be dismissed with prejudice,
the proceedings shall be nullified, and the plaintiff shall be
meted appropriate sanctions.
If summons is returned without being served on any or all
the defendants, the court shall order the plaintiff to cause
the service of summons by other means available under
the Rules.
Failure to comply with the order shall cause the dismissal
of the initiatory pleading without prejudice. (3a)
dd. What is the effect of misrepresentation to the Court
that plaintiff has served summons upon defendant?
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.
ee. Until when is the validity of a summons?
Section 4. Validity of summons and issuance of alias
summons[.] – Summons shall remain valid until duly
served, unless it is recalled by the court. In case of loss or
destruction of summons, the court may, upon motion,
issue an alias summons. There is failure of service after
unsuccessful attempts to personally serve the summons
on the defendant in his or her address indicated in the
complaint. Substituted service should be in the manner
provided under Section 6 of this Rule. (5a)
ff. What is an alias summons? When is it made?
Section 4. Validity of summons and issuance of alias
summons[.] – Summons shall remain valid until duly
served, unless it is recalled by the court. In case of loss or
destruction of summons, the court may, upon motion,
issue an alias summons.
gg. How is service of summons in person on defendant
done?
Section 5. Service in person on defendant. – Whenever
practicable, the summons shall be served by handing a

copy thereof to the defendant in person and informing the
defendant that he or she is being served, or, if he or she
refuses to receive and sign for it, by leaving the summons
within the view and in the presence of the defendant. (6a)
hh. When is substituted service of summons allowed?
Section 6. Substituted service. – 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. (7a)
ii. How is substituted service of summons done?
(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. (7a)
ii.1. Discuss Express Padala (Italia) S.P.A., v.
Ocampo, G.R. No. 202505, 06 Sept. 2017.
ii. 2. Discuss de Pedro v. Romasan Development
Corporation, G.R. No. 194751, 26 Nov. 2014.
jj. How is service upon an entity without juridical
personality done?
Section 7. Service upon entity without juridical personality.
– When persons associated in an entity without juridical
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personality are sued under the name by which they are
generally or commonly known, service may be effected
upon all the defendants by serving upon any one of them,
or upon the person in charge of the office or place of
business maintained in such name. But such service shall
not bind individually any person whose connection with
the entity has, upon due notice, been severed before the
action was filed. (8a)
kk. How is service upon prisoners done?
Section 8. Service upon prisoners. – When the defendant
is a prisoner confined in a jail or institution, service shall
be effected upon him or her by the officer having the
management of such jail or institution who is deemed as a
special sheriff for said purpose. The jail warden shall file a
return within five (5) calendar days from service of
summons to the defendant. (9a)
ll. How is service upon minors and incomptents done?
Section 10. Service upon minors and incompetents. –
When the defendant is a minor, insane or otherwise an
incompetent person, service of summons shall be made
upon him or her personally and on his or her legal
guardian if he or she has one, or if none, upon his or her
guardian ad litem whose appointment shall be applied for
by the plaintiff. In the case of a minor, service shall be
made on his or her parent or guardian. (10a)
mm. How is service upon domestic private entities done?
Section 12. Service upon domestic private juridical entity.
– When the defendant is a corporation,
partnership or association organized under the laws of the
Philippines with a juridical personality, service
may be made on the president, managing partner, general
manager, corporate secretary, treasurer, or inhouse
counsel of the corporation wherever they may be found, or
in their absence or unavailability, on
their secretaries.
If such service cannot be made upon any of the foregoing
persons, it shall be made upon the
person who customarily receives the correspondence for
the defendant at its principal office.
In case the domestic juridical entity is under receivership
or liquidation, service of summons
shall be made on the receiver or liquidator, as the case
may be.
Should there be a refusal on the part of the persons
above-mentioned to receive summons despite
at least three (3) attempts on two (2) different dates,
service may be made electronically, if allowed by
the court, as provided under Section 6 of this Rule. (11a)
mm.1. Discuss Green Star Express v.
Nissan-Universal Robina Corp., G.R. No. 181517, 06 July
2015.
nn. What is the duty of counsel of record who makes a
special appearance for a defendant to question the validity
of the service of summons?
Section 13. Duty of counsel of record. – Where the
summons is improperly served and a lawyer makes a
special appearance on behalf of the defendant to, among
others, question the validity of service of summons, the
counsel shall be deputized by the court to serve summons
on his or her client. (n)

oo. How is service upon foreign private juridical entities
done?
Section 14. Service upon foreign private juridical entit[ies].
– When the defendant is a foreign private
juridical entity which has transacted or is doing business
in the Philippines, as defined by law, service
may be made on its resident agent designated in
accordance with law for that purpose, or, if there be no
such agent, on the government official designated by law
to that effect, or on any of its officers, agents,
directors or trustees within the Philippines.
If the foreign private juridical entity is not registered in the
Philippines, or has no resident agent
but has transacted or is doing business in it, as defined by
law, such service may, with leave of court, be
effected outside of the Philippines through any of the
following means:
(a) By personal service coursed through the appropriate
court in the foreign country with the
assistance of the [D]epartment of [F]oreign [A]ffairs;
(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. (12a)
pp. How is service upon public corporations done?
Section 15. Service upon public corporations. – When the
defendant is the Republic of the Philippines, service may
be effected on the Solicitor General; in case of a province,
city or municipality, or like public corporations, service
may be effected on its executive head, or on such other
officer or officers as the law or the court may direct. (13a)
qq. How is service upon unknown defendant done?
Section 15. Service upon public corporations. – When the
defendant is the Republic of the Philippines,
service may be effected on the Solicitor General; in case
of a province, city or municipality, or like
public corporations, service may be effected on its
executive head, or on such other officer or officers as
the law or the court may direct. (13a)
rr. What is extraterritorial service?
Section 17. Extraterritorial service. – When the defendant
does not reside and is not found in the
Philippines, and the action affects the personal status of
the plaintiff or relates to, or the subject of which
is, property within the Philippines, in which the defendant
has or claims a lien or interest, actual or
contingent, or in which the relief demanded consists,
wholly or in part, in excluding the defendant from
any interest therein, or the property of the defendant has
been attached within the Philippines, service
may, by leave of court, be effected out of the Philippines
by personal service as under [S]ection [5]; or
as provided for in international conventions to which the
Philippines is a party; or by publication in a newspaper of
general circulation in such places and for such time as the
court may order, in which case
ANTONIO
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. (15a)
ss. When is extraterritorial service allowed? What is the
procedure for extraterritorial service?
When the defendant does not reside and is not found in
the Philippines, and the action affects the personal status
of the plaintiff or relates to, or the subject of which is,
property within the Philippines, in which the defendant
has or claims a lien or interest, actual or contingent, or in
which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or the
property of the defendant has been attached within the
Philippines, service may, by leave of court, be effected out
of the Philippines by personal service
tt. How is service upon residents temporarily abroad
done?
Section 18. Residents temporarily out of the Philippines. –
When any action is commenced against a defendant who
ordinarily resides within the Philippines, but who is
temporarily out of it, service may, by leave of court, be
also effected out of the Philippines, as under the
preceding [S]ection. (16a)
uu. When is leave of court required?
Section 19. Leave of court. – Any application to the court
under this Rule for leave to effect service in any manner
for which leave of court is necessary shall be made by
motion in writing, supported by affidavit of the plaintiff or
some person on his [or her] behalf, setting forth the
grounds for the application. (17a)
vv. What is a return and when is it made?
Section 20. Return. – Within thirty (30) calendar days from
issuance of summons by the clerk of court
and receipt thereof, the sheriff or process server, or
person authorized by the court, shall complete its
service. Within five (5) calendar days from service of
summons, the server shall file with the court and
serve a copy of the return to the plaintiff’s counsel,
personally, by registered mail, or by electronic means
authorized by the Rules.
Should substituted service have been effected, the return
shall state 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
two (2) 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. (4a)

ww. What is the proof of service of summons?
Section 21. Proof of service. – The proof of service of a
summons shall be made in writing by the server
and shall set forth the manner, place, and date of service;
shall specify any papers which have been
served with the process and the name of the person who
received the same; and shall be sworn to when
made by a person other than a sheriff or his or her deputy.
If summons was served by electronic mail, a printout of
said e-mail, with a copy of the summons
as served, and the affidavit of the person mailing, shall
constitute as proof of service. (18a)
xx. What is the proof of service of service by publication?
Section 22. Proof of service by publication. – If the service
has been made by publication, service may be proved by
the affidavit of the publisher, editor, business or
advertising manager, to which affidavit a copy of the
publication shall be attached and by an affidavit showing
the deposit of a copy of the summons and order for
publication in the post office, postage prepaid, directed to
the defendant by registered mail to his or her last known
address. (19a)
yy. When is there voluntary appearance?
Section 23. Voluntary appearance. – The defendant’s
voluntary appearance in the action shall be equivalent to
service of summons. The inclusion in a motion to dismiss
of other grounds aside from lack of jurisdiction over the
person of the defendant shall be deemed a voluntary
appearance. (20a)
10th Week - PH Courts and Procedures
a. Read Rule 15.
b. What is a motion?
A motion is an application for relief other than by a pleading.
c. When must a motion be made in writing?
Section 2. Motions must be in writing. – All motions shall
be in writing except those made in open court
or in the course of a hearing or trial.
A motion made in open court or in the course of a hearing
or trial should immediately be resolved
in open court, after the adverse party is given the
opportunity to argue his or her opposition thereto.
When a motion is based on facts not appearing on record,
the court may hear the matter on
affidavits or depositions presented by the respective
parties, but the court may direct that the matter be
heard wholly or partly on oral testimony or depositions.
(2a)
d. What are the contents of a motion?
Section 3. Contents. – 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. (3)
Section 3. Contents. — A motion shall state the relief sought to
be obtained and the grounds upon which it is based, and if
ANTONIO
required by these Rules or necessary to prove facts alleged
therein, shall be accompanied by supporting affidavits and
other papers.
e. What is a non-litigious motion?
Section 4. Non-litigious motions. – Motions which the
court may act upon without prejudicing the rights
of adverse parties are non-litigious motions. These
motions include:
a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff
to execute the final certificate of
sale; and
h) Other similar motions.
These motions shall not be set for hearing and shall be
resolved by the court within five (5)
calendar days from receipt thereof. (n)
f. What is a litigious motion?
What is a litigious motion?
A litigious motion is one which the court may not act upon
without prejudicing the rights of the adverse party. Examples of
this are motions for reconsideration, motions to dismiss,
motions to declare defendant in default, motions for execution,
motions for judgment on the pleadings and motions for
summary judgment.
Section 5. Litigious motions. – (a) Litigious motions include:
1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive pleading has been filed;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of demolition;
9) Motion for intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in default; and
14) Other similar motions.
(b) All motions shall be served by personal service, accredited
private courier or registered mail, or
electronic means so as to ensure their receipt by the other
party.
(c) The opposing party shall file his or her opposition to a
litigious motion within five (5) calendar days
from receipt thereof. No other submissions shall be considered
by the court in the resolution of the
motion.
The motion shall be resolved by the court within fifteen (15)
calendar days from its receipt of the
opposition thereto, or upon expiration of the period to file such
opposition. (n)
g. How is a litigious motion served?
Section 6. Notice of hearing on litigious motions;
discretionary. – The court may, in the exercise of its
discretion, and if deemed necessary for its resolution, call
a hearing on the motion. The notice of hearing shall be
addressed to all parties concerned, and shall specify the
time and date of the hearing. (5a)

h. Discuss the process involving resolution of litigious
motions.
The motion shall be resolved by the court within fifteen (15)
calendar days from its receipt of the opposition thereto, or
upon expiration of the period to file such opposition. (n)
i. Should litigious motions be scheduled for hearing?
Section 6. Notice of hearing on litigious motions;
discretionary. – The court may, in the exercise of its
discretion, and if deemed necessary for its resolution, call
a hearing on the motion. The notice of hearing shall be
addressed to all parties concerned, and shall specify the
time and date of the hearing. (5a)
j. What is the effect of the absence of proof of service of a
litigious motion?
Section 7. Proof of service necessary. – No written motion
shall be acted upon by the court without proof
of service thereof, pursuant to Section 5(b) hereof. (6a)
k. When is the motion day?
Section 7. Motion day. — Except for motions requiring
immediate action, all motions shall be scheduled for hearing on
Friday afternoons, or if Friday is a non-working day, in the
afternoon of the next working day.
l. What is the omnibus-motion rule?
n. What are the exceptions to the omnibus-motion rule?
The exceptions to the omnibus motion rule are found in
Section 1 of Rule 9 . The omnibus motion rule embodied in
Section 8(now Section 9) Rule 15, in relation to Section 1,
RUle 9, demands that all available objections be included in a
party’s motion, otherwise said objections shall be deemed
waived; and the only grounds the court could take cognizance
of, even if not pleaded in said motion are (a) Lack of
jurisdiction over the subject matter; (b) Existence of another
action pending between the same parties for the same cause &
(c) Bar by prior judgement or by statute of limitations
o. What is the rule when asking a court permission to file a
pleading?
p. What are the prohibited motions? Discuss each.
Section 12. Prohibited motions. – The following motions shall
not be allowed: (a) Motion to dismiss except on the following
grounds: 1) That the court has no jurisdiction over the subject
matter of the claim; 2) That there is another action pending
between the same parties for the same cause; and 3) That the
cause of action is barred by a prior judgment or by the statute
of limitations; (b) Motion to hear affirmative defenses; (c)
Motion for reconsideration of the court’s action on the
affirmative defenses; (d) Motion to suspend proceedings
without a temporary restraining order or injunction issued by a
higher court; (e) Motion for extension of time to file pleadings,
affidavits or any other papers, except a motion for extension to
file an answer as provided by Section 11, Rule 11; and (f)
Motion for postponement intended for delay, except if it is
based on acts of God, force majeure or physical inability of the
witness to appear and testify. If the motion is granted based on
such exceptions, the moving party shall be warned that the
presentation of its evidence must still be terminated on the
dates previously agreed upon. A motion for postponement,
whether written or oral, shall, at all times, be accompanied by
the original official receipt from the office of the clerk of court
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evidencing payment of the postponement fee under Section
21(b), Rule 141, to be submitted either at the time of the filing
of said motion or not later than the next hearing date. The clerk
of court shall not accept the motion unless accompanied by the
original receipt. (n)
r. What is dismissal with prejudice?
Section 13. Dismissal with prejudice. – Subject to the right of
appeal, an order granting a motion to dismiss or an affirmative
defense that the cause of action is barred by a prior judgment
or by the statute of limitations; that the claim or demand set
forth in the 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. (5, R16)
s. What are the incidents considered dismissed with
prejudice under Section 13 of Rule 15?
t. Read Rule 17.
DISMISSAL OF ACTIONS
u. What is a notice of dismissal?
Section 1. 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. (1)
v. Who files and when is a notice of dismissal filed?
Filed by the plaintiff, any time before service of the answer
or of a motion for summary judgement
w. When is a dismissal upon motion of plaintiff allowed?
Section 2. Dismissal upon motion of plaintiff. – Except as
provided in the preceding [S]ection, 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 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. 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.
(2a)
x. What is the two-dismissal rule?
The purpose of the “two- dismissal rule” is to avoid vexatious
litigation. When a complaint is dismissed a second time, the
plaintiff is thereafter barred from seeking relief on the same
claim.
x.1. Discuss Ramon Ching and Powing Properties,
Inc. v. Cheng, G.R. No. 175507, 08 Oct. 2014.

y. When is the two-dismissal rule not applicable?
z. Should the court immediately grant a motion to dismiss
from the plaintiff filed after service of an answer?
Section 2. Dismissal upon motion of plaintiff. – Except as
provided in the preceding [S]ection, 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
aa. What is the effect on a counterclaim pleaded by a
defendant prior to service upon him of the plaintiff’s
motion to dismiss?
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. 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. (2a
bb. What are the grounds for dismissal of a complaint
under Section 3 of the Rules of Court?
Section 3. Dismissal due to fault of plaintiff. – If, for no
justifiable cause, the plaintiff fails to appear on the date of
the presentation of his or her evidence in chief on the
complaint, or to prosecute his or her 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 or her 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. (3a)
cc. What is dismissal for failure to prosecute?
To constitute failure to prosecute, his non-appearance
must be equated with unwillingnesss to proceed with the
trial as when both plaintiff and counsel made no
appreance at all, or with the assumption that plaintiff has
already lost interest in prosecuting his action, in the same
way that should the ground for dismissal be delay.
dd. What is dismissal due to plaintiff’s fault?
Section 3. Dismissal due to fault of plaintiff. – If, for no
justifiable cause, the plaintiff fails to appear on the date of
the presentation of his or her evidence in chief on the
complaint, or to prosecute his or her 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 or her 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. (3a)
11th Week - PH Courts and Procedures
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a. Read Rule 18?
PRE TRIAL
b. When is a pre-trial conducted?
Section 1. When conducted. – After the last responsive
pleading has been served and filed, the branch clerk of
court shall issue, within five (5) calendar days from filing,
a notice of pre-trial which shall be set not later than sixty
(60) calendar days from the filing of the last responsive
pleading. (1a)
c. What is considered as “last responsive pleading”?
Under the rules of pleading and practice, the answer
ordinarily is the last pleading, but when the defendant’s
answer contains a counterclaim, plaintiff’s answer to it is
the last responsive pleading. When the defendant’s
answer has a cross claim , the answer of the
cross-defendant to it is the last responsive pleading.
Where the plaintiff’s answer to a counterclaim contains a
counterclaim against the opposin g party or a cross-claim
against a co-defendant the answer of the co-defendant to
the cross-claim is the last responsive pleading. etc.
d. What is the purpose of pre-trial?
A pre-trial hearing is meant 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 enable
the parties to obtain the fullest possible knowledge of the
issues and facts before civil trials
e. What are the matters to be considered during pre-trial?
f. What is the effect of lack of pre-trial?
g. What is a notice of pre-trial? Who must receive such
notice?
Section 3. Notice of pre-trial. – The notice of pre-trial shall
include the dates respectively set for:
(a) Pre-trial;
(b) Court-Annexed Mediation; and
(c) Judicial Dispute Resolution, if necessary.
The notice of pre-trial shall be served on counsel, or on
the party [if he] or she has no counsel.
The counsel served with such notice is charged with the
duty of notifying the party represented by him
or her.
Non-appearance at any of the foregoing settings shall be
deemed as non-appearance at the pretrial and shall merit
the same sanctions under Section 5 hereof. (3a)
h. Are the parties required to appear during pre-trial? Are
there any exceptions?
Section 4. Appearance of [p]arties. – It shall be the duty of
the parties and their counsel to appear at the pre-trial,
court-annexed mediation, and judicial dispute resolution,
if necessary. The non-appearance of a party and counsel
may be excused only for acts of God, force majeure, or
duly substantiated physical inability
i. What is the effect of failure to appear at pre-trial?
Section 5. Effect of failure to appear. – When duly notified,
the failure of the plaintiff and counsel to appear without
valid cause when so required[,] pursuant to the next
preceding [S]ection, shall cause the dismissal of the

action. The dismissal shall be with prejudice, unless
otherwise ordered by the court. A similar failure on the
part of the defendant and counsel shall be cause to allow
the plaintiff to present his or her evidence ex parte within
ten (10) calendar days from termination of the pre-trial,
and the court to render judgment on the basis of the
evidence offered. (5a)
i.1. Discuss Philippine Steel Coating Corp. v.
Quinones, G.R. No. 194533, 19 April 2017.
j. What is a pre-trial brief?
Section 6. Pre-trial brief. – The parties shall file with the
court and serve on the adverse party, in such manner as
shall ensure their receipt thereof at least three (3) calendar
days before the date of the pre-trial, their respective
pre-trial briefs which shall contain, among others: (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. Failure to file the pre-trial
brief shall have the same effect as failure to appear at the
pre-trial. (8)
k. What are its contents?
(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.
l. Is a pre-trial brief mandatory?
Yes
Section 6 - Failure to file the pre-trial brief shall have the
same effect as failure to appear at the pre-trial
m. When must a pre-trial brief be filed?
Section 6. Pre-trial brief. – The parties shall file with the
court and serve on the adverse party, in such manner as
shall ensure their receipt thereof at least three (3) calendar
days before the date of the pre-trial, their respective
pre-trial briefs
n. What is a pre-trial order?
Section 7. Pre-Trial Order. – Upon termination of the
pre-trial, the court shall issue an order within ten (10)
calendar days which shall recite in detail the matters taken
up. The order shall include:
o. What must be included in the pre-trial order?
Section 7. Pre-Trial Order. – Upon termination of the
pre-trial, the court shall issue an order within ten
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(10) calendar days which shall recite in detail the matters
taken up. 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. (7a)
p. What is court-annexed mediation?
Section 8. Court-[a]nnexed [m]ediation. – After pre-trial
and, after issues are joined, the court shall refer the
parties for mandatory court-annexed mediation. The
period for court-annexed mediation shall not exceed thirty
(30) calendar days without further extension. (n)
q. What is judicial dispute resolution?
Section 9. Judicial [d]ispute [r]esolution. – Only if the
judge of the court to which the case was originally
raffled is convinced that settlement is still possible, the
case may be referred to another court for judicial
dispute resolution. The judicial dispute resolution shall be
conducted within a non-extendible period of
fifteen (15) calendar days from notice of failure of the
court-annexed mediation.
If judicial dispute resolution fails, trial before the original
court shall proceed on the dates
agreed upon.
All proceedings during the court-annexed mediation and
the judicial dispute resolution shall be
confidential. (n)

r. What is the effect of failure to attend CAM and JDR
proceedings?
If judicial dispute resolution fails, trial before the original
court shall proceed on the dates agreed upon.
s. Read Rule 19.
INTERVENTION
t. Who may intervene?
Section 1. Who may intervene. – A person who has a legal
interest in the matter in litigation, or in the success of
either of the parties, or an interest against both, or is so
situated as to be adversely affected by a distribution or
other disposition of property in the custody of the court or
of an officer thereof may, with leave of court, be allowed to
intervene in the action. The court shall consider whether
or not the intervention will unduly delay or prejudice the
adjudication of the rights of the original parties, and
whether or not the intervenor’s rights may be fully
protected in a separate proceeding. (1)
u. What are the requisites for intervention? Discuss each.
Requisites for Intervention
Under this RUle, intervention shall be allowed when a
person has -
1 a legal interest in the matter in litigation
2 a legal interest in the success of either of the parties
3 a legal interest against both parties
4 when he is so situated as to be adversely affected by a
distribution or disposition of property in the custody of the
court or an officer thereof
Moreover, the court must also take into consideration
whether or not-
5 the intervention will unduly delay or prejudice the
adjudication of the rights of the original parties
6 the intervenor’s right or interest can be adequately
pursued and protected in a separate proceeding
v. What is the time to intervene?
Section 2. Time to intervene. – The motion to intervene
may be filed at any time before rendition of judgment by
the trial court. A copy of the pleading-in-intervention shall
be attached to the motion and served on the original
parties. (2)
w. When must the pleading-in-intervention be filed?
Section 3. Pleadings-in-intervention. – The intervenor shall
file a complaint-in-intervention if he or she asserts a claim
against either or all of the original parties, or an
answer-in-intervention if he or she unites with the
defending party in resisting a claim against the latter. (3a)
x. When must the answer to the complaint-in-intervention
be filed?
Section 4. Answer to complaint-in-intervention. – The
answer to the complaint-in-intervention shall be filed
within fifteen (15) calendar days from notice of the order
admitting the same, unless a different period is fixed by
the court. (4a)
y. Read Rule 20.
CALENDAR OF CASES
z. How are cases assigned to the different branches of a
court?
Section 2. Assignment of cases. – The assignment of
cases to the different branches of a court shall be done
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exclusively by raffle. The assignment shall be done in
open session of which adequate notice shall be given so
as to afford interested parties the opportunity to be
present. (2)
aa. Read Rule 21.
SUBPOENA
bb What is a subpoena?
Subpoena is a process directed to a person requiring him
or her to attend and to testify at the hearing or the trial of
an action, or at any investigation conducted by competent
authority, or for the taking of his or her deposition.
w. What is subpoena ad testificandum?
Is used to compel a person to testify
x. What is a subpoena duces tecum?
Used to compel the productions of books, records , things
, or documents therein specified
y. What shall be contained in a subpoena?
Section 3. Form and contents. – A subpoena shall state
the name of the court and the title of the action or
investigation, shall be directed to the person whose
attendance is required, and in the case of a subpoena
duces tecum, it shall also contain a reasonable
description of the books, documents or things demanded
which must appear to the court prima facie relevant. (3)
z. When may a subpoena be quashed?
Section 4. Quashing a subpoena. – The court may quash a
subpoena duces tecum upon motion promptly made and,
in any event, at or before the time specified therein if it is
unreasonable and oppressive, or the relevancy of the
books, documents or things does not appear, or if the
person in whose behalf the subpoena is issued fails to
advance the reasonable cost of the production thereof.
z.1. Discuss In Re: Petition For Cancellation and
Correction of Entries in the Record of Birth, Emma K. Lee,
vs. Court of Appeals, et al., G.R. No. 177861, 13 July 2010.
aa. May the judge, who issued the subpoena, issue a
warrant of arrest to compel the attendance of person
subpoenaed? Explain.
Section 8. Compelling attendance. – In case of failure of a
witness to attend, the court or judge issuing the
subpoena, upon proof of the service thereof and of the
failure of the witness, may issue a warrant to the sheriff of
the province, or his or her deputy, to arrest the witness
and bring him or her before the court or officer where his
or her attendance is required, and the cost of such warrant
and seizure of such witness shall be paid by the witness if
the court issuing it shall determine that his or her failure
to answer the subpoena was willful and without just
excuse. (8a)
bb. May a person, without adequate cause, refuse to obey
a subpoena? Is such refusal considered a contempt of
court?
Section 9. Contempt. – Failure by any person without
adequate cause to obey a subpoena served upon him or
her shall be deemed a contempt of the court from which
the subpoena is issued. If the subpoena was not issued by
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cc. Read Rule 22. f. State the Order of Trial as enumerated in Section 5 of
COMPUTATION OF TIME Rule 30 of the Rules of Court.

dd. How are the periods allowed in the rules counted?5 g. What is a formal offer of exhibits?
Section 1. How to compute time. – In computing any
period of time prescribed or allowed by these Rules, or by
order of the court, or by any applicable statute, the day of h. How is a formal offer of exhibits done?
the act or event from which the designated period of time
begins to run is to be excluded and the date of
performance included. If the last day of the period, as thus i. When is suspension of an action allowed?
computed, falls on a Saturday, a Sunday, or a legal holiday
in the place where the court sits, the time shall not run
until the next working day. (1) j. Is a judge allowed to delegate the reception of evidence?
When?
dd.1. Discuss Vir-jen Shipping and Marine
Services, Inc. v. NLRC, G.R. No. L-58011-12 July 20, 1982.
k. Read Rule 31.

dd.2. Discuss Yapdianco v. Buencamino, G.R. No.

L-28841, 24 June 1983. l. What is consolidation? When is it proper?

ee. What happens when there is an interruption of the l.1. Discuss Bank of Commerce v. Hon. Bernabe,
period? G.R. No. 172393, 20 October 2010.
Section 2. Effect of interruption. – Should an act be done
which effectively interrupts the running of the period, the
allowable period after such interruption shall start to run m. When is a separate trial allowed under Section 2 of
on the day after notice of the cessation of the cause Rule 31?
thereof. The day of the act that caused the interruption
shall be excluded in the computation of the period. (2)
n. Read Rule 32.
12th Week - PH Courts and Procedures

a. Read Rule 23 to Rule 29. (Rules 23 to 29 cover the o. What is trial by commissioner? When is it allowed?
modes of discovery).

p. Who is considered a commissioner under Rule 32?

b. What is the importance of rules of discovery?

q. What are the contents of the commissioner’s report?

c. What are the modes of discovery?

r. What is the weight of commissioner’s findings of fact?

d. What is discovery?

s. What is the effect of the failure of a party to file a timely

e. What is deposition? objection to the commissioner’s report?

f. What are the purposes of taking depositions? t. Read Rule 33.

g. Read Rule 30 u. What is demurrer to evidence?

h. What are the rules observed in scheduling of trials? v. When is a demurrer to evidence in civil cases filed?

i. Discuss adjournments and postponements? w. Is leave of court necessary before a demurrer to

evidence in civil cases is filed?

j. What is the effect of postponements without cause?

x. Distinguish between a demurrer to evidence in civil
actions and a demurrer to evidence in criminal cases.
k. What are the requisites to postpone due to illness?
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y. Discuss the effect of a demurrer to evidence in a civil
action when: (a) it is granted by a trial court; or (b) denied l. What is an entry of judgment?
by a trial court.

m. What are the kinds of judgment? Discuss each.

z. What is the remedy if the trial court denies a party’s
demurrer to evidence?
n. What is the scope of a judgment?

aa. Read Rule 34

o. Is amendment of final judgment allowed? Discuss
immutability of judgments.6
bb. What is judgment on the pleadings?

p. What are the exceptions to principle of immutability of

cc. When is it proper? When is it improper? judgments?

dd. Read Rule 35. vv.1. Discuss One Shipping Corp. v. Penafiel, G.R.
No. 192406, 21 January 2015.

ee. What is a summary judgment?

q. Discuss the doctrine of conclusiveness of judgment.

ff. What is the test to determine if moving for a summary

judgment is the proper remedy? r. What is the principle of law of the case?

gg. When is it proper? When is it improper? s. Read Rule 37

13th Week - PH Courts and Procedures t. What is a new trial?

a. Read Rule 36.

u. What are the grounds for a new trial? Discuss the
grounds.
b. What is a judgment? What should be contained in a
judgment?
u. Discuss Multi-Trans Agency Phils. Inc. v.
Oriental Assurance Corp., G.R. No. 180817, 23 June 2009.
c.1. Discuss Go v. East Oceanic Leasing and
Financing Corp., G.R. No. 206841, 19 January 2018.
v. When should a motion for new trial be filed?

d. What is a final order?

w. Distinguish new trial from reconsideration.

e. Distinguish a final order from an interlocutory order.

x. Distinguish new trial from reopening.

f. What are the constitutional requirements in writing a

decision? y. What are the grounds for a motion for reconsideration?
When is it filed?

g. What is a memorandum decision? Is it valid?

z. What are the contents of a motion for new trial or
reconsideration?
h. What is the period to decide cases?

aa. What is an affidavit of merit?

i. What is judgment on the merits?

bb. When is a motion considered pro forma? What is its

j. What is the dispositive portion? effect?

k. When will a judgment attain finality? cc. What is the period for resolving a motion for new trial
or reconsideration?
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m. When may an execution of final judgment be stayed?

dd. What is the effect of granting a motion for new trial?

n. Discuss the issuance, form, and contents of a writ of
execution.
ee. Is a partial new trial allowed? What is its effect?

o. Is an order of execution appealable?

ff. What is the remedy if a motion for new trial or
reconsideration is denied?
p. What is revival of judgment?

gg. Read Rule 38.

q. When may a writ of execution be quashed?

hh. What is relief from judgment?

r. What are the steps to be followed in enforcing a money
judgment?
ii. When is it available?

s. What is satisfaction by levy?

jj. What are the grounds for relief from judgment?

t. What is garnishment?
kk. Is an affidavit of merit required?

u. Discuss execution of judgments for specific act.

14th Week - PH Courts and Procedures

a. Read Rule 39. v. What are the properties exempt from execution?

b. What is execution? w. What is the lifetime of a writ of execution?

c. When is execution a matter of right? x. May real property sold by virtue of a writ of execution be
redeemed?

d. What is executed?
y. Who may redeem the property?

e. Distinguish between final judgements and final and

executory judgments? z. When must it be made?

f. When is execution discretionary? aa. May a foreign judgment be enforced in the

Philippines?

g. What are the requisites for execution pending appeal?

Explain each. bb. What is the effect of a foreign judgment?

h. How is discretionary execution stayed? cc. What should be done to enforce a foreign judgment in
the Philippines?

i. Which judgments are not stayed by appeal?

dd. May a foreign judgment granting divorce be
recognized in the country?
j. What is the effect of reversal of executed judgment?

dd.1. Discuss Fujiki v. Marinay, G.R. No. 196049,

k. What is a motion for execution? When may it be filed? 26 June 2013.

l. What is the remedy against a court’s refusal to issue writ dd.2. Discuss Nullada v. Civil Registrar of Manila,
of execution? G.R. No. 224548, 23 January 2019.