GENERAL PRINCIPLES AND JURISDICTION

1. Who promulgates the Rules of Court? Explain its importance.

Answer: The Rules of Court is promulgated by the Supreme Court under its rule-
making power which has the force and effect of law.
Rules of Court prescribing the time within which certain acts must be done, or
certain proceedings taken, are considered absolutely indispensable to the
prevention of needless delays and to the orderly and speedy discharge of judicial
business. (Gonzales v. Torres, A.M. No. MTJ-06-1653)

2. Explain the Rule-Making of the Supreme Court. Does it include the power to
confer jurisdiction?
Answer: Under Sec. 5(5), Article VIII of the 1987 Constitution, the Supreme
Court has the power to promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish, increase, or modify
substantive rights.
The rule-making power of the Supreme Court does not include the power to
confer jurisdiction because such conferment is within the power of the
Legislature. Sec. 2, Article VIII of the 1987 Constitution provides that Congress
shall have the power to define, prescribe, and apportion the jurisdiction of various
courts

3. Differentiate between Remedial and Substantive Law.

Answer: According to the cases decided by the Supreme Court, remedial law
prescribes the methods of enforcing those rights and obligations created by
substantive law (Primicias v. Ocampo, 81 Phil 650). On the other hand,
Substantive law refers to that part of the law which creates, defines or regulates
rights concerning life, liberty or property or the powers of agencies or
instrumentalities for the administration of public affairs, which when violated gives
rise to a cause of action. (Bustos v. Lucero, 81 Phil 640)
Remedial law does not create vested rights while Substantive law creates vested
rights. In addition, Remedial law is promulgated by the Supreme Court while
Substantive law is enacted by the Congress.
4. Distinguish a judge from a court.
Answer: (1) A court is a tribunal created under the operation of law while a judge
is simply an officer of the court; (2) The disqualification of a judge does not affect
the court; and (3) A court is a being in imagination comparable to a corporation,
hence a juridical person while a judge is a natural person.

5. What is jurisdiction?
Answer: Jurisdiction is the power and authority of the court to hear, try and
decide a case (Dela Cruz vs. CA, G.R. No. 139442, 2006) and to execute the
judgment. It is the power to control the execution of its decision is an essential
aspect of jurisdiction. It cannot be the subject of substantial abstraction and the
most important part of the litigation is the process of execution of decisions
(Echegaray vs. Secretary of Justice, 301 SCRA 96).

6. What are the essential elements of jurisdiction?

Answer: In the case of Salvador vs. Patricia, Inc., the Supreme Court held that
the three essential elements of jurisdiction are: (1) the court must have
cognizance of the class of cases to which the one to be adjudged belongs; (2)
the proper parties must be present; and (3) the point decided must be, in
substance and effect, within the issue.

7. Distinguish jurisdiction from exercise of jurisdiction.

Answer: Jurisdiction is not the same as the exercise of jurisdiction. As
distinguished from the exercise of jurisdiction, jurisdiction is the authority to
decide a case, and not the decision rendered therein. Where there is jurisdiction
over the person and the subject matter, the decision on all other questions
arising in the case is but an exercise of the jurisdiction. The errors which the
court may commit in the exercise of jurisdiction are merely errors of judgment
which are the proper subjects of an appeal (Republic of the Philippines v. “G”
Holdings, Inc).

8. What is residual jurisdiction? Explain.

Answer: Residual jurisdiction refers to the authority of the trial court to issue
orders for the protection and preservation of the rights of the parties which do not
involve any matter litigated by the appeal. The “residual jurisdiction” of the trial
 court is available at a stage in which the court is normally deemed to have lost
jurisdiction over the case or the subject matter involved in the appeal. Before the
trial court can be said to have residual jurisdiction over a case, a trial on the
merits must have been conducted; the court rendered judgment; and the
aggrieved party appealed therefrom. (Development Bank of the Philippines vs.
Carpio)
9. What is a court of original jurisdiction?
Answer: A court is one with original jurisdiction when actions or proceedings re
originally filed with it.
10. What is a court of appellate jurisdiction?
Answer: A court is one with appellate jurisdiction when it has the power to
review over the decisions or orders of the lower courts.
11. What is a court of exclusive jurisdiction?
Answer: Power to adjudicate a case or proceeding to the exclusion of other
courts at that stage
12. What is a court of concurrent jurisdiction?
Answer: Sometimes referred to as the coordinate jurisdiction which is the power
conferred upon different courts whether of the same or different ranks, to take
cognizance at the state of the same case in the same or different judicial
territories
13. What is a court with delegated jurisdiction?
Answer: The grant of authority to inferior courts to hear and determine cadastral
and registration cases under certain conditions
14. What is the Doctrine of Adherence to Jurisdiction?
Answer: This doctrine provides that jurisdiction, once attached, cannot be
ousted by subsequent happenings or events although of a character which
would have prevented jurisdiction from attaching in the first instance, and the
court retains jurisdiction until it finally disposes of the case.
15. What is the Principle of Judicial Hierarchy?
Answer: Under this doctrine, where courts have concurrent jurisdiction over a
subject matter, such concurrence of jurisdiction does not grant the party seeking
relief the absolute freedom to file a petition in any court of his choice. Pursuant
to this doctrine, a case must be filed first before the lowest court possible having
the appropriate jurisdiction, except if one can advance a special reason which
would allow a party a direct resort to a higher court.
16. What are the exceptions to the Principle of Judicial Hierarchy?
 Answer: The only exception to this principle is if remedies are not obtainable in
the inferior courts, or if exceptional and compelling circumstances justify the
availing of the extraordinary writs with the higher courts.
17. What is the Doctrine of Non-interference?
Answer: The doctrine provides that no court has the power to interfere by
injunction with the judgments or decrees of a court of concurrent or coordinate
jurisdiction.
18. Differentiate error of jurisdiction and error of judgment?
Answer: An error of jurisdiction is one where the act complained of was issued
by the court, officer or a quasi-judicial body without or in excess of jurisdiction, or
with grave abuse of discretion which is tantamount to lack or in excess of
jurisdiction.
19. What is the meaning of jurisdiction over the issue?
Answer: This is the power of the court to try and decide the issues raised in the
pleadings of the parties.
20. What is the meaning of jurisdiction over the res?
Answer: Jurisdiction over the thing or res is the power of the court over an object
or thing being litigated.
21. P entered into a mortgage agreement with E, secured by various parcels of real
property. After the execution of the agreement, P left the Philippines for Italy
where he lived and died. Thereafter, the mortgage defaulted, prompting E to
institute an action for foreclosure of the mortgaged property before the RTC. The
action proceeded before the RTC with P failing to appear. As such, a judgment
by default was rendered in favor of E, ordering P to deliver the amount of the
mortgage. V, the administrator of the estate of P, filed a motion to set aside the
order of the RTC on the ground that it never acquired jurisdiction over P or over
the subject of the action. The RTC denied the motion. Is the RTC correct?
A: Yes. Jurisdiction over the res is acquired by the seizure of the thing under
legal process whereby it is brought into actual custody of law, or it may result
from the institution of a legal proceeding wherein the power of the court over the
thing is recognized and made effective. In the present case, the mortgaged
property is the sole thing which is impleaded and is the responsible object which
is the subject of the exercise of judicial power.
22. B instituted against respondent G for recovery of possession before the RTC. G
impleaded respondents L and J as third-party defendants in their Answer with
Third-Party Complaint. The Answer with Third-Party Complaint was admitted by
the trial court without the requisite payment of filing fees, particularly on G prayer
for damages. The trial court did not award G any damages. It dismissed the third-
 party complaint. The CA, however, granted the third-party complaint in part by
ordering third-party defendant J to pay G. B question the admission by CA of the
third-party complaint by respondent G, claiming that the third-party complaint
should not have been considered by the CA for lack of jurisdiction due to third-
party G’s failure to pay the docket and filing fees before the trial court. Is B
correct?
A: Yes. The general rule in this jurisdiction is that when an action is filed in court,
the complaint must be accompanied by the payment of the requisite docket and
filing fees. Where the fees prescribed for the real action have been paid but the
fees of certain related damages are not, the court, although having jurisdiction
over the real action, may not have acquired jurisdiction over the accompanying
claim for damages.
However, if there are unspecified claims, the determination of which may arise
after the filing of the complaint or similar pleading, the additional filing fee thereon
shall constitute a lien on the judgment award. The same rule also applies to third-
party claims and other similar pleadings. The third-party complaint of G should be
dismissed.

RULE 1
1. Is the Rules of Court applicable to all courts?
Answer: Yes. The Rules shall apply in all the courts, except as otherwise
provided by the Supreme Court. (Sec. 2, Rule 1)

2. What is a civil action, criminal action and special proceeding?

Answer: A civil action is one by which a party sues another for the enforcement
or protection of a right, or the prevention or redress of a wrong.
A criminal action is one by which the State prosecutes a person for an act or
omission punishable by law.
A special proceeding is a remedy by which a party seek s to establish a status, a
right, or a particular fact. (Sec. 3 , Rule 1)
3. What are the cases wherein Ordinary Rules of Civil Procedure are not
applicable?
Answer: These Rules shall not apply to election cases, land registration,
cadastral, naturalization and insolvency proceedings, and other cases not herein
provided for, except by analogy or in a suppletory character and whenever
practicable and convenient.
(Section 4, Rule 1 of 2019 Amendments to the Rules of Procedure)

4. When does an action commence with regard to an additional defendant?

Answer: If an additional defendant is impleaded in a later pleading, the action is
commenced with regard to him on the date of the filing of such later pleading,
irrespective of whether the motion for its admission, if necessary, is denied by the
court.(Source: Section 5, Rule 1 of 2019 Amendments to the Rules of Procedure)

5. How shall the Rules of Court be construed?

Answer: The Rules of Court shall be liberally construed in order to promote their
objective of securing a just, speedy and inexpensive disposition of every action
and proceeding. (Section 6, Rule 1 of 2019 Amendments to the Rules of
Procedure)

6. What is the distinction between court of law and court of equity?

Answer: A court of law decides a case according to what the promulgated law is
while a court of equity adjudicates a controversy according to the common
precepts of what is right and just without inquiring into the terms of the statutes.
In the Philippines, every court, both original and appellate, exercises both legal
and equitable jurisdictions. (U.S. us. Tamparong, 31 Phil. 321)

7. What is a mixed action?

Answer: Mixed action - When the plaintiff joins two or more causes of actions
based on the same act or occurrence, one of which is a real action; For instance,
in an action to annul a sale of a land and to recover the land; For the purpose of
venue determination, the action is a real action and must be filed in the place
where the property is situated regardless of the residence of the parties.
(Emergency Loan Pawnshop, Inc. vs. Court of Appeals, G.R. No. 129184,
February 28, 2010)
8. What is local action?
Answer: Local action - is an action which is required by the rules to be instituted
in a particular place in the absence of any agreement to the contrary. (Civil
Procedure A guide for the Bench and the BAR Book 1, 2020 Edition, Dean
Ferdinand A. Tan)

9. What is transitory action?

Answer: Transitory action is an action the venue of which is dependent generally
upon the residence of the parties regardless of where the cause of action arose.

10. How will the Rules on Civil Procedure be applied in Small Claims Cases?
Answer: The Rules of Civil Procedure shall apply suppletorily insofar as they are
not inconsistent with this Rule.
Sec. 27 of A.M. No. 08-8-7-SC, as amended otherwise known as the Revised
2016 Rules on Small Claims Cases provides for the rule on the application of the
Rules of Civil Procedure in small claims cases. It states that:
"Sec. 27. Applicability of the Rules of Civil Procedure. - The Rules of Civil
Procedure shall apply suppletorily insofar as they are not inconsistent with this
Rule."

11. How will the Rules on Civil Procedure be applied in an Impeachment Trial?
Answer: The Rules of Civil Procedure shall be applied liberally whenever
practicable. Art. VI of the Rules of Impeachment Trial in the Senate provides that:
“The Rules of Evidence and procedure shall be applied liberally and whenever
they are practicable in Impeachment Trial Cases."

12. How will the Rules on Civil Procedure be applied in Civil Forfeiture Cases?
Answer: The Revised Rules of Court shall apply suppletorily when not
inconsistent with the provisions of this special rules.
Sec. 1, Title I of A.M. No. 05-11-04, provides for the rule on the application of the
Rules of Court in case of civil forfeiture under Republic Act No. 9160, as
amended. It states that:
"Sec. 1. Applicability. -
 XXX
The Revised Rules of Court shall apply suppletory when not inconsistent with the
provisions of this special rules."

13. What is the doctrine of hierarchy of courts?

Answer: The doctrine of hierarchy of courts provides that where there is a

concurrence of jurisdiction by courts over an action or proceeding, there is an
ordained sequence of recourse to such courts beginning from the lowest to the
highest. A direct invocation of the Supreme Court’s original jurisdiction should be
allowed only when there are special and important reasons therefor. (Montes v.
Court of Appeals, G.R. No. 143797, 4 May 2006)

14. What is the Effect of Grant of Demurrer to Evidence?

Answer: If the demurrer is granted, the case shall be dismissed. [Sec. 1, Rule
33]

15. Petitioners were charged before the MeTC for Other Deceits under Article 318 of
the RPC. The private prosecutor filed with the MeTC a Motion to Take Oral
Deposition of prosecution's complaining witness P, alleging that he was being
treated for lung infection at the hospital in Thailand and that, upon doctor's
advice, he could not make the long travel to the Philippines by reason of ill
health. The CA held that no grave abuse of discretion can be imputed upon the
MeTC for allowing the deposition-taking of the complaining witness P because
no rule of procedure expressly disallows the taking of depositions in criminal
cases and that, in any case, petitioners would still have every opportunity to
cross-examine the complaining witness and make timely objections during the
taking of the oral deposition either through counsel or through the consular
officer who would be taking the deposition of the witness. Is the CA correct?
(Rule 1, Sec. 3)

A: No. Section 3, Rule 1 of the Rules of Court provides that the rules of civil
procedure apply to all actions, civil or criminal, and special proceedings. In
effect, it says that the rules of civil procedure have suppletory application to
criminal cases. However, it is likewise true that criminal proceedings are
primarily governed by the Revised Rules of Criminal Procedure.

RULE 2
1. What are the elements of a Cause of Action?
 Answer:
1. Legal Right of the plaintiff;
2. Correlative Obligation of the defendant to respect plaintiff’s right;
3. Act or omission (i.e. Breach) of the defendant in violation of plaintiff’s legal
right.
(Heirs of Spouses Mesina v. Heirs of Fian, Sr., G.R. No. 201816, Apr. 8, 2013).

2. Differentiate Cause of Action from Right of Action.

Answer: A cause of action is a delict or wrongful act or omission committed by
the defendant in violation of the primary rights of the plaintiff. (Section 2, Rule 2
of 2019 Amendments to the Rules of Procedure)
Right of action is the right to commence and maintain an action. The right of
action springs from the cause of action but does not accrue until all the facts
which constitute the cause of action have occurred. (Spouses Borbe v. Calalo,
G.R. No. 152572, Oct. 5, 2007).

3. What is the test of sufficiency of a cause of action?

Answer:The test of the sufficiency of the facts alleged in the complaint as
constituting a cause of action is whether or not admitting the facts alleged, the
court could render a valid verdict in accordance with the prayer of the complaint.
(Misamis Occidental II Cooperative v. David, G.R. No. 129928, Aug. 25, 2005)

4. What is the effect of splitting a cause of action?

Answer: If two or more suits are instituted on the basis of the same cause of
action, the filing of one or a judgment upon the merits in anyone is available as a
ground for the dismissal of the others. (Section 4, Rule 2 of 2019 Amendments to
the Rules of Procedure)
Splitting of a single cause of action violates the policy against multiplicity of suits.
(Dynamic Builders & Construction Co. v. Presbitero, G.R. No. 174202, Apr. 7,
2015).

5. What are the tests to determine whether two suits relate to a single or common
cause of action?
 Answer:
1. Evidence – Whether the same evidence would support and sustain both the
first and second causes of action (Same Evidence Test);
2. Defenses – Whether the defenses in one case may be used to substantiate
the complaint in the other; and
3. Existence – Whether the cause of action in the second case existed at the
time of the filing of the first complaint
(Umale v. Canoga Park Development. Corporation, G.R. No. 167246, July 20,
2011)

The true rule which determines whether a party has only a single and entire
cause of action, or has a severable demand for which he may maintain separate
suits, is whether the entire amount arises from one and the same act or contract
or the several parts arise from distinct and different acts or contracts.
(BPI Family v. Vda. De Coscolluela, G.R. No. 167724, Jun. 27, 2006)

6. What are the rules on cause of actions with regard to violation of contracts?
Answer: General Rule: A contract embraces only one cause of action because it
may be violated only once even if it contains several stipulations.
(Quiogue v. Bautista, G.R. No. L-13159, Feb. 28, 1962)

Exception: A contract to do several things at several times is divisible by its

nature. This kind of obligation authorizes successive actions and a judgment
recovered for a single breach does not bar a suit for a subsequent breach.
(Blossoms & Co. v. Manila Gas Corporation, G.R. No. L-32958, 1930)

Exception to the exception: When a contract of lease provides for the payment of
the rent in separate installments, each installment may be considered an
independent cause of action, but in an action upon such a lease for the recovery
of rent, the installments due at the time the action was brought must be included
in the complaint, and failure to do so constitutes a bar to a subsequent action for
such overdue rent.
(Larena v. Villanueva, G.R. No. L-29155, 1928)
7. Joinder of Causes of Actions is subject to what conditions?
Answer: A party may in one pleading assert, in the alternative or otherwise, as
many causes of action as he may have against an opposing party, subject to the
following conditions:
(a) The party joining the causes of action shall comply with the rules on joinder of
parties;
(b) The joinder shall not include special civil actions or actions governed by
special rules;
(c) Where the causes of action are between the same parties but pertain to
different venues or jurisdictions, the joinder may be allowed in the Regional Trial
Court provided one of the causes of action falls within the jurisdiction of said
court and the venue lies therein; and
(d) Where the claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction.
(Section 5, Rule 2 of 2019 Amendments to the Rules of Procedure)

8. Is misjoinder of causes of action a ground for dismissal of an action?

Answer:NO. Misjoinder of causes of action is not a ground for dismissal of an
action. A misjoined cause of action may, on motion of a party or on the initiative
of the court, be severed and proceeded with separately.
(Section 6, Rule 2 of 2019 Amendments to the Rules of Procedure)
But if a party, despite the order from the court, fails or refuses to sever the
misjoined causes of action, the complaint is dismissible under Rule 17, Sec. 3 of
the Rules of Court.
(RIANO, 2019, p. 212).

9. Differentiate Joinder of Causes of Action bs Joinder of Parties

Answer:

JOINDER OF CAUSES OF ACTION JOINDER OF PARTIES

 It refers to the procedural device
whereby a party who asserts various
claims against the same or several
parties, file all his claims against them
in a single complaint.
It may be employed when there are
various causes of actions that accrue
in favor of one or more plaintiffs
against one or more defendants i.e.
there is plurality of parties.

It will not necessarily involve a joinder It may or may not be involved in a

of parties. joinder of causes of actions.

Merely permissive, as evidenced by Indispensable parties – required to be

the use of the word “may” instead of joined either as plaintiffs or
“shall.” defendants.
Necessary party – one who is not
indispensable but ought to be joined if
complete relief is to be accorded, or
for a
Complete determination or settlement
of the action.

(Section 5, Rule 2 of 2019 Amendments to the Rules of Procedure)

10. What is the remedy of the defendant if the complaint states no cause of action?
Answer: Defendant shall file his answer and raise the ground as an affirmative
defense. Sec. 12, Rule 8 of the 2019 Amendments to the 1997 Rules on Civil
Procedure (A.M. No. 19-10-20) provide for the rules on affirmative defenses that
may be raised in the answer. It states that:
"Sec. 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:
 xxx.
4. That the pleading asserting the claim states no cause of action; and"

11. What are the courses of action of the court when there is a common question of
law or fact in pending actions?
Answer: When actions involving a common question of law or fact are pending
before the court, it may
● Order a joint hearing or trial of any or all the matters in issue in the
actions;
● Order all the actions consolidated; and
● It may make such orders concerning proceedings therein as may
tend to avoid unnecessary costs or delay.

12. May an action for collection of sum of money be joined with an action for
ejectment?
Answer: No, since collection of money is an ordinary civil action and ejectment
case is a special civil action joinder is prohibited under Sec. 5(b), Rule 2.

13. What is cause of action?

Answer: A cause of action is the act or omission by which a party violates a right
of another. (Sec 2, Rule 2)

14. May a party institute more than one suit for a single cause of action?
Answer: No, the Rules of Court provides that a party may not institute more than
one suit for a single cause of action (Sec. 3, Rule 2). If two or more suits are
instituted on the basis of the same cause of action, the filing of one or a judgment
upon the merits in any one is available as a ground for the dismissal of the
others. (Sec. 4, Rule 2)

15. Can a party joins two or more causes of action in one pleading against an
opposing party?
 Answer: Yes, a party may in one pleading assert, in the alternative or otherwise,
as many causes of action as he may have against an opposing party, subject to
the following conditions:
● The party joining the causes of action shall comply with the rules on
joinder of parties;
● The joinder shall not include special civil actions or actions governed by
special rules;
● Where the causes of action are between the same parties but pertain to
different venues or jurisdictions, the joinder may be allowed in the
Regional Trial Court provided one of the causes of action falls within the
jurisdiction of said court and the venue lies therein; and
● Where the claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction.
(Sec 5, Rule 2)

16. Is misjoinder of causes of action a ground for dismissal?

Answer: No, misjoinder of causes of action is not a ground for dismissal of an
action. A misjoined cause of action may, on motion of a party or on the initiative
of the court, be severed and proceeded with separately. (Sec 6, Rule 2)

17. Who may be parties in a civil action?

Answer: Only natural or juridical persons, or entities authorized by law may be
parties in a civil action. The term plaintiff may refer to the claiming party, the
counter-claimant, the cross-claimant, or the third (fourth, etc.)[-]party plaintiff. The
term defendant may refer to the original defending party, the defendant in a
counterclaim, the cross-defendant, or the third (fourth, etc.)[-]party defendant.
18. Petitioner filed a complaint for Sum of Money with Application for Writ of Attachment
against respondent before the RTC. Petitioner alleged that respondent was indebted to
him in the amount of P1,500,000.00, representing the price of construction materials
allegedly purchased by respondent from him for the construction of the Macagtas Dam.
He claimed that the said obligation has long become due and demandable and yet, the
respondent unjustly refused to pay the same despite repeated demands. When the
petitioner presented the subject checks for encashment, the same were dishonored due
to a stop payment order. Respondent filed an Answer with Motion to Dismiss, seeking
the dismissal of the case on the ground that the complaint states no cause of action,
considering that the checks do not belong to him but to Unimasters Conglomeration,
Inc. On appeal, the CA dismissed petitioner’s complaint on the ground of lack of cause
of action. Is the dismissal of the petitioner's complaint correct? (Rule 2, Sec. 2)
A: No. Cause of action is defined as the act or omission by which a party violates a right
of another. It is well settled that the existence of a cause of action is determined by the
allegations in the complaint. In this case, petitioner’s cause of action is anchored on his
claim that respondent personally entered into a contract with him for the delivery of
construction materials amounting to P1,500,000.00, which was, however, left unpaid.
Certainly, the taking of the deposition in criminal cases, more particularly of a
prosecution witness who would foreseeably be unavailable for trial, the testimonial
examination should be made before the court, or at least before the judge, where the
case is pending as required by the clear mandate of Section 15, Rule 119 of the
Revised Rules of Criminal Procedure.

RULE 3
1. What are the classifications of parties in a civil action?
Answer: Parties in a civil action may be classified as follows, to wit:
● Real Parties in interest (Sec. 2, Rule 3);
● Representative parties (Sec. 3, Rule 3);
● Indispensable parties (Sec. 7, Rule 3);
● Necessary parties. (Sec. 8, Rule 3)

2. Who is a representative party?

Answer: Where the action is allowed to be prosecuted or defended by a
representative or someone acting in a fiduciary capacity, the beneficiary shall be
included in the title of the case and shall be deemed to be the real party-in-
interest.

3. Who may act as a representative party?

● A representative may be the following:
● A trustee of an express trust;
● Guardian;
● Executor or administrator; or
 ● A party authorized by law or these Rules;
● An agent acting in his own name and for the benefit of an undisclosed
principal may sue or be sued without joining the principal except when the
contract involves things belonging to the principal.

4. Who is an indigent party?

Answer: An indigent party is one who is allowed to litigate an action who has no
money or property sufficient and available for food, shelter and basic necessities
for himself and his family. (Civil Procedure A guide for the Bench and the BAR
Book 1, 2020 Edition, Dean Ferdinand A. Tan)

5. When is notice to the Solicitor General required?

Answer: The court, in its discretion, may require the appearance of the Solicitor
General who may be heard in person or through a representative duly
designated by him in any action involving:
● The validity of any treaty;
● Law;
● Ordinance;
● Executive Order;
● Presidential Decree; and
● Rules or regulations. (Sec. 22, Rule 3)

6. What are the entities authorized by law to be parties?

Answer: One need not be a natural or juridical person to be a party to a civil
action, so long as it is authorized by law to be such. Examples of such entities
are:
1. Corporation by estoppel;
2. Partnership which failed to comply with registration requirements;
3. Estate of a deceased person;
4. Legitimate labor organization;
5. The Roman Catholic Church;
6. Dissolved corporation prosecuting and defending suits within 3 years from its
dissolution pursuant to its liquidation;
7. Partnership in the exercise of a profession.
(RIANO, 2019, p. 236);
When two or more persons not organized as an entity without juridical personality
enter into a transaction, they may be sued under the name by which they are
generally or commonly known. (Section 15, Rule 3 of 2019 Amendments to the
Rules of Procedure)
An unlicensed foreign corporation doing business in the Philippines cannot sue
before Philippine courts. On the other hand, an unlicensed foreign corporation
not doing business in the Philippines can sue before Philippine courts in cases
involving an isolated transaction. (Van Zuiden v. GTVL, G.R. No. 147905, 2007)

7. What should be considered in determining the real party-in-interest?

Answer: The determination of who is the real party-in-interest requires
consideration of the elements of a cause of action. A cause of action involves the
existence of a right and a violation of such right. Thus, the owner of the right
violated stands as the real party-in-interest as plaintiff, and the person
responsible for violation is the real party in interest as defendant. (RIANO, 2019,
p. 239).

8. Differentiate locus standi from real party-in-interest.

Answer: Legal standing or locus standi refers to a party’s personal or substantial
interest of a case involving a government action while real party-in-interest refers
to a party who stands to be benefited or injured by the judgment in a private suit,
or the party entitled to the avails of the same.
Moreover, the rule on Locus standi may be relaxed when brought by taxpayers,
citizens, voters, or lawmakers pursuant to public interest while the rule on Real
Party-in-Interest may not be relaxed, and a suit brought by a party not a real
party in interest is subject to the affirmative defense of lack of capacity to sue or
failure to state a cause of action.
(Section 2, Rule 3 of 2019 Amendments to the Rules of Procedure)

9. What are the reasons why actions should be filed under the name of the
real-party-in-interest?
Answer: Actions should be filed under the name of the real-party-in-interest:
1. To prevent the prosecution of actions by persons without any right, title or
interest in the case;
2. To require that the actual party entitled to legal relief be the one to prosecute
the action;
3. To avoid multiplicity of suits; and
4. To discourage litigation and keep it within certain bounds, pursuant to sound
public policy.
(Albano, 2017, citing Oco v. Limbaring, G.R. No. 161298, January 31, 2006;
Stronghold Ins. Co., v. Cuenca, G.R. No. 173297, March 6, 2013)

10. Is the failure to include the name of a party in the title of the complaint
fatal?
Answer: NO. The mere failure to include the name of a party in the title of the
complaint is not fatal because the Rules of Court requires the courts to pierce the
form and go into the substance and not be misled by a false or wrong name in
the pleadings. Hence, if the body indicates the defendant as a party to the action,
his omission in the title is not fatal. (Vlason Enterprises v. CA, 310 SCRA 26, 58-
59, G.R. Nos. 121662-64, July 6, 1999).

11. What is the effect of absence of an indispensable party?

Answer: Absence of an indispensable party renders all subsequent actions of
the court null and void for want of authority to act, not only as to the absent
parties but even as to those present. (MWSS v. Court of Appeals, G.R. No.
126000, Oct. 7, 1998)

12. Is outright dismissal the immediate remedy for failure to implead an

indispensable party?
Answer: No. Neither misjoinder nor non-joinder of parties is ground for dismissal
of an action. Parties may be dropped or added by order of the court on motion of
any party or on its own initiative at any stage of the action and on such terms as
are just. Any claim against a misjoined party may be severed and proceeded with
separately. (Section 11, Rule 3 of 2019 Amendments to the Rules of Procedure)
Only when the order of the court to implead an indispensable party goes
unheeded may the case be dismissed. (Section 3, Rule 17 of 2019 Amendments
to the Rules of Procedure).

13. Who is a pro-forma party?

Answer: One who is joined as a plaintiff or defendant, not because such party
has any real interest in the subject matter or because any relief is demanded, but
merely because the technical rules of pleadings require the presence of such
party on the record. (Samaniego v. Agulia, G.R. No. 125567, June 27, 2000)

14. When is a permissive joinder of parties allowed?

Answer: A permissive joinder of parties is allowed when the following is
complied with:
1. The right to relief should arise out of the SAME transaction or series of
transactions; and
2. That there exists a question of law or fact common to ALL parties.
(Section 6, Rule 3 of 2019 Amendments to the Rules of Procedure).; Central
Bank Board of Liquidators v. Banco Filipino Savings and Mortgage Bank, G.R.
No. 173399, Feb. 21, 2017).

15. What is the effect of death of a party on the Attorney-Client relationship?

Answer: Juridical capacity and civil personality are extinguished upon death of a
person. Attorney-client relationship is terminated upon the client's death. A dead
client has no personality and cannot be represented by an attorney. Neither does
the counsel become the counsel of the heirs of the deceased, unless said heirs
engage his services. (Arts. 37 & 42, Civil Code); (Borlongan v. Buenaventura,
G.R. No. 167234, Feb. 27, 2006); (Lawas v. Court of Appeals, G.R. No. L-45809,
Dec. 12, 1986).

16. What is the duty of counsel upon death of client?

Answer: Whenever a party to a pending action dies, and the claim is not thereby
extinguished, it shall be the duty of his counsel to:
1. Inform the court within 30 days after such death of the fact thereof, and
2. Give the name and address of his legal representative or representatives.
Failure of counsel to comply with this duty shall be a ground for disciplinary
action.
(Section 16, Rule 3 of 2019 Amendments to the Rules of Procedure).
 17. What is the effect of non-compliance with the rule on substitution?
Answer: Non-compliance with the rule on substitution of a deceased party
renders the proceedings and judgment of the trial court infirm, because the trial
court acquired no jurisdiction over the persons of the legal representatives or of
the heirs on whom the trial and judgment would be binding on.
(Brioso v. Rili-Mariano, G.R. No. 132765, Jan. 31, 2003).

18. When is formal substitution not necessary?

Answer: The substitution is not necessary and would not be ordered if the death
would extinguish the action. The proper course is for the court to dismiss the
case. (RIANO, 2019, pp. 259, 263).
Formal substitution of heirs is not necessary when the heirs themselves
voluntarily appeared, participated in the case and presented evidence in defense
of deceased defendant. (Vda. de Salazar v. CA, G.R. No. 121510, Nov. 23,
1995).

19. Is it mandatory to implead an indispensable party?

Answer: YES. Parties in interest without whom no final determination can be had
of an action shall be joined either as plaintiffs or defendants. (Section 7, Rule 3 of
2019 Amendments to the Rules of Procedure).
Thus, it is mandatory to implead indispensable parties to the suit. If it appears to
the court that an indispensable party has not been joined, it is its duty to stop the
trial and order the inclusion of such party. The responsibility to implead rests on
the plaintiff, and the defendant has no right to compel the plaintiff to prosecute
the action against a party if he does not wish to do so, but the latter is to suffer
the consequences of any error he might commit in exercising his option. (Uy v.
CA, GR. 157065, Jul. 11, 2006).

20. What is the effect of Non-Joinder of Necessary Parties?

Answer:The non-inclusion of a necessary party does NOT prevent the court
from proceeding in the action, and the judgment rendered therein shall be without
prejudice to the rights of such necessary party. (Sec. 9, Rule 3; Agro
Conglomerates, Inc. v. CA, G.R. No. 117660, Dec. 18, 2000).
 21. Who may be parties in a civil action?
Answer: Only natural or juridical persons, or entities authorized by law may be
parties in a civil action. (Sec 1, Rule 3)
However, an entity without juridical personality may only be a party to civil action
as a defendant. When two or more persons not organized as an entity with
juridical personality enter into a transaction, they may be sued under the name
by which they are generally or commonly known. (Sec 15, Rule 3)

22. May a minor or incompetent person sue or be sued?

Answer: Yes, a minor or a person alleged to be incompetent may sue or be
sued, with the assistance of his father, mother, guardian, or if he has none, a
guardian ad litem. (Sec 5, Rule 3)

23. Is misjoinder or non-joinder of parties a ground for dismissal?

Answer: No, the Rules of Court provides that neither misjoinder nor non-joinder
of parties is ground for dismissal of an action. Parties may be dropped or added
by order of the court on motion of any party or on its own initiative at any stage of
the action and on such terms as are just. Any claim against a misjoined party
may be severed and proceeded with separately. (Sec 11, Rule 3)

24. May the plaintiff file a case against the defendant with unknown identity?
Answer: Yes, Whenever the identity or name of a defendant is unknown, he may
be sued as the unknown owner, heir, devisee, or by such other designation as
the case may require; when his identity or true name is discovered, the pleading
must be amended accordingly. (Sec 14, Rule 3)

25. Is failure to notify the Solicitor General a jurisdictional defect?

Answer: No, the Rules of Court gives the court discretion to notify the Solicitor
General. In any action involving the validity of any treaty, law, ordinance,
executive order, presidential decree, rules or regulations, the court, in its
discretion, may require the appearance of the Solicitor General who may be
heard in person or through a representative duly designated by him. (Sec 22,
Rule 3)
26. What is the proper course of action when consent of a party who should be
joined as plaintiff cannot be obtained?

Answer: If the consent of any party who should be joined as plaintiff cannot be
obtained, he may be made a defendant and the reason therefore shall be
stated in the complaint.
27. What is a Class Suit?

A class suit is filed in behalf of many persons so numerous that it is

impracticable to join all as parties. (Sec. 12, Rule 3)

28. What happens to a suit if a party becomes incompetent?

The court, upon motion with notice, may allow the action to be continued by or
against his representative (R3,S16)

29. What is the remedy of a party if the action does not survive after the death of
the defendant?

Answer: If action does not survive, the remedy is to file a claim before the
probate court under Rule 86. (R3)

30. What action survives the death of any party?

Answer:The Rules of Court allow the substitution of a party litigant who dies
during the pendency of a case by his heirs, provided that the claim subject of
said case is not extinguished by his death. (Rule 3, sec 16)

31. Jean sued Amber and Klee in one complaint in the MTC, the cause of action
against Amber being an overdue promissory note for P300,000 and that
against Klee being an alleged balance of P300,00 on the purchase of goods
sold on credit. Is the joinder of the causes of action proper? (Rule 3, Sec. 6)

A: No. The joinder of the causes of action against Amber and Klee is not proper.
For a joinder of causes of action against several defendants to be proper, the
joinder must comply with the rules on joinder of the parties under Sec. 6 of
Rule 3. This rule requires that the causes of action joined should arise out of
the same transactions and there exists a question of law or facts common to
both. These requirements are not met under the facts. Since the causes of
action cannot be joined, each action must be the subject of a separate action.
The totality rule has no application under the facts of the case.
32. Rosaria entered into a deed of sale with Nina over the former’s parcel of land.
After six months, Rosaria still refused to deliver the title of land to Nina. Nina
filed a suit of specific performance to deliver the title to her against Rosaria
and her foreign husband, Michael. Rosaria claimed that Nina’s suit should be
dismissed because Michael cannot be a party to the case since a foreigner
cannot own a property under the laws of the Philippines. Is Rosaria correct?
(Rule 3, Sec. 4)

A: No. Section 4 of Rule 3 states that husband and wife shall sue or be sued
jointly, except as provided by law. In addition, only Filipino citizens are allowed
to buy a property. A foreigner, however, can co-own the said property via his
or her Filipino spouse. Here, Michael co-owned the parcel of land with his
Filipino wife, Rosaria. Hence, it is proper that Michael is joined in the suit
resulting in liability incurred by the absolute community or the conjugal
property.

33. S filed a complaint against W for cancellation of title. W moved to dismiss the
complaint because G, to whom he mortgaged the property as duly annotated
in the TCT, was not impleaded as defendant. Should the complaint be
dismissed? (Rule 3, Sec. 11)

A: No. The complaint should not be dismissed because the mere non-joinder of
an indispensable party is not a ground for the dismissal of the action. Here,
although G, the registered mortgagee, is an indispensable party, his
nonjoinder does not warrant the dismissal of the complaint.

34. Anya engaged the services of Atty. Damien to represent her in a civil case
filed by Becky against her. An agreement was executed between Anya and
Atty. Damien whereby the former promised to pay the latter a sum of
P24,000.00 after the presentation of Anya’s evidence. Anya did not comply
with her undertaking. Atty. Damien filed a case against Anya. During the trial,
Anya died. Is the death of Anya a valid ground to dismiss the money claim of
Atty. Damien? (Rule 3, Sec. 20)

A: No. Under Sec. 20, Rule 3, when an action is for the recovery of money arising
from contract, express or implied, and the defendant dies before entry of final
judgment in the court in which the action is pending at the time of such death,
it shall not be dismissed but it shall instead be allowed to continue until entry of
the final judgment. A favorable judgment obtained by the plaintiff shall be
enforced in the manner specifically provided in the Rules for prosecuting
claims against the estate of deceased person. Thus, Atty. Damien can still
pursue the money claims against Anya.
 35. Hoyo Complex and other neighboring subdivisions instituted a complaint for
damages who were deprived of the use of Kalapati Road due to excavation by
the Philinvest. The complaint alleged that were regular commuters and
motorists who constantly travelled towards the direction of Quezon and Rizal.
Philinvest then filed a motion to dismiss arguing that the complaint failed to
state a cause of action and that it was improperly filed as a class suit. CA ruled
that the complaint sufficiently stated a cause of action as alleged in the
complaint. Is the class suit proper? (Rule 3, Sec. 12)

A: Yes. The closure and excavation of the Kalapati Road, is initially shown to be
of common or general interest to many persons thereby prejudicing the rights if
the said persons will qualify for a class suit.

36. Is summons required to be served upon a defendant who was substituted for
the deceased?

Answer: No. A defendant who was substituted for the deceased need not be
served with summons because it is the court which orders him as the legal
representative of the deceased to appear and substitute the deceased. (Sec. 16,
Rule 3)

RULE 4

1. Where is the venue of actions against nonresidents?

Answer: If any of the defendants does not reside and is not found in the
Philippines, and the action affects the personal status of the plaintiff, or any
property of said defendant located in the Philippines, the action may be
commenced and tried in the court of the place where the plaintiff resides, or
where the property or any portion thereof is situated or found. (Section 3, Rule 4,
2019 Amendments to the Rules of Procedure)

2. What are the instances when rule of venues is not applicable?

Answer: This Rule shall not apply :
 (a) In those cases where a specific rule or law provides otherwise; or
(b) Where the parties have validly agreed in writing before the filing of the action
on the exclusive venue thereof.
(Section 4, Rule 4, 2019 Amendments to the Rules of Procedure)

3. What is the nature and purpose of venue?

Answer: In civil actions, venue is merely a matter of procedural law and not
substantive law, as it was only meant for convenience of the parties. (Civil
Procedure A guide for the Bench and the BAR Book 1, 2020 Edition, Dean
Ferdinand A. Tan)

4. What are the classic examples of personal action?

Answer: The classic examples of personal action are as follows, to wit:
● Replevin;
● Action for Collection of Sum of Money;
● Action for interpleader over personal property (Rule 62);
● Action for damages;
● Action for rescission of contract;
● Action for specific performance for the delivery of personal property;
● Action for revival of judgment involving personal properties;
● Small Claims Cases;
● Action for Injunction.

5. What are the rules on venue in personal actions?

Answer: Personal actions may be commenced, heard and tried in the following
geographical areas:
1) Where the plaintiff or any of the principal plaintiffs resides; or
2) Where the defendant or any of the principal defendants resides; or
3) In the case of a non-resident defendant where he may be found, at the
election of the plaintiff.
6. What is the rule in venue in civil actions?
Answer: Actions affecting title to or possession of real property, or interest
therein, shall be commenced and tried in the proper court which has jurisdiction
over the area wherein the real property involved, or a portion thereof, is situated.
(Sec 1, Rule 4)
All other actions may be commenced and tried where the plaintiff or any of the
principal plaintiffs resides, or where the defendant or any of the principal
defendants resides, or in the case of a nonresident defendant where he may be
found, at the election of the plaintiff. (Sec 2, Rule 4)

7. AJ, a resident of Paranaque City, sued MJ, a resident of Makati City before the
RTC of Paranaque City for the reconveyance of three parcels of land situated in
Bulacan. May AJ’s action prosper? (Rule 4, Sec. 1)
A: No. The action will not prosper because it was filed in the wrong venue. Since
the action for reconveyance is a real action, it should have been filed in Bulacan,
where the parcels of land are located.
8. Company A purchased from Company H plastic containers. To cover these
transactions, Company H issued Sales Invoices and Delivery Receipts. Company
H filed a Complaint for sum of money against Company A. The case was
instituted before the RTC of Manila pursuant to the stipulation of the parties as
stated in the Sales Invoices submitting themselves to the jurisdiction of the
Courts of the City of Manila in any legal action arising out of their transaction.
Company A alleged that the venue was also improperly laid since the RTC of
Manila was not the proper venue for the institution of Company H’s personal
action. The venue of actions as stated in the Sales Invoices could not bind
Company A since it did not give its express conformity to that stipulation. Can a
sales invoice or purchase order be a valid agreement as to the venue of the
action? (Rule 4, Sec. 2)
A: No. The purpose of the Sales Invoices is merely to acknowledge that the
representative of the party received the goods in good condition, and since there
is no stipulation then the venue lies with the principal office of the corporation.
The Complaint should have been filed either before the trial courts of San Pedro,
Laguna or Pasig City, where the principal places of business of Company H and
Company A are located, respectively.
9. Eula obtained a loan with Planters Development Bank (PDB) amounting to P80
million for the construction of a warehouse. It was secured by several Real
Estate Mortgages (REMs) over Eula’s properties. Unfortunately, Eula was unable
to pay the loans. PDB sought to foreclose the REMs extrajudicially in Puerto
Princesa, Palawan. Eula, on the other hand, filed a complaint to annul the REMs
 in the RTC of Puerto Princesa, Palawan. PDB moved to dismiss the complaint of
Eula alleging improper venue. PDB argued that the REMs contained an exclusive
venue clause limiting actions arising therefrom to San Vicente, Palawan. Motion
was denied. Is PDB correct? (Rule 4, Sec. 4)
A: Yes. The general rules on venue admit of exceptions in Section 4, Rule 4 of
the Rules Court, i.e., where a specific rule or law provides otherwise, or when the
parties agreed in writing before the filing of the action on the exclusive venue
thereof. Written stipulations as to venue may be restrictive in the sense that the
suit may be filed only in the place agreed upon, or merely permissive in that the
parties may file their suit not only in the place agreed upon but also in the places
fixed by law. The parties must be able to show that such stipulation is exclusive.
In the absence of qualifying or restrictive words, the stipulation should be
deemed as merely an agreement on an additional forum, not as limiting venue to
the specified place.
Here, Eula had validly waived her right to choose the venue for any suit or action
arising from the mortgages or promissory notes when they agreed to the limit the
same to San Vicente, Palawan only and nowhere else.
10.

RULE 5
1. What are the exceptions to the uniform procedure in courts?
Answer: The procedure in the Municipal Trial Courts shall be the same as in the
Regional Trial Courts, except (a) where a particular provision expressly or
impliedly applies only to either of said courts, or (b) in civil cases governed by the
Rule on Summary Procedure. (Section 1, Rule 5, 2019 Amendments to the Rules
of Procedure)

2. What is the nature of the application of the procedure in the Municipal Trial
Court?
Answer: The procedure in the Municipal Trial Courts shall be the same as in the
Regional Trial Courts, except (a) where a particular provision expressly or
impliedly applies only to either of said courts, or (b) in civil cases governed by the
Rule on Summary Procedure. (Rule 5, Sec. 1, RROC)

3. What is the meaning of the term Municipal Trial Courts?

 Answer: The term “Municipal Trial Courts” as used in these Rules shall include
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts,
and Municipal Circuit Trial Courts. (Rule 5, Sec. 2, RROC)
4. Will a claim filed under the Revised Rules of Procedure for Small Claims Cases
be dismissed if the judge finds later on that it is covered by the summary or
regular rules of procedure?
A: No. The case shall not be dismissed but instead, be re-docketed under the
appropriate procedure, and returned to the court where it was assigned. The
plaintiff should pay any deficiency in the applicable regular rate of filing fees.

RULE 6
1. What is a pleading?

Answer: Pleadings are the written statements of the respective claims and
defenses of the parties submitted to the court for appropriate judgment. (Sec 1,
Rule 6)

2. What is the first pleading of a plaintiff?

Answer: The first pleading of a plaintiff is a complaint. The complaint is the

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

3. When is a party allowed to file a reply?

Answer: An answer may be responded to by a reply only if the defending party
attaches an actionable document to the answer. (Section 2, Rule 6, 2019
Amendments to the Rules of Procedure)

4. What are the defenses that may be alleged by a defending party ?

Answer: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 or her cause or causes of action.
 (b) An affirmative defense is an allegation of a new matter which, while
hypothetically admitting the material allegations in the pleading of the claimant,
would nevertheless prevent or bar recovery by him or her. The affirmative
defenses include fraud, statute of limitations, release, payment, illegality, statute
of frauds, estoppel, former recovery, discharge in bankruptcy, and any other
matter by way of confession and avoidance.
Affirmative defenses may also include grounds for the dismissal of a complaint.
specifically, that the court has no jurisdiction over the subject matter, that there is
another action pending between the same parties for the same cause, or that the
action is barred by a prior judgment. (Section 5, Rule 6, 2019 Amendments to the
Rules of Procedure)

5. When should affirmative defenses be raised in the answer?

Answer: 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:
a. That the court has no jurisdiction over the person of the defending party:
b. That venue is improperly laid:
c. That the plaintiff has no legal capacity to sue;
d. That the pleading asserting the claim states no cause of action; and
e. That a condition precedent for filing the claim has not been complied with.

6. Distinctions between Initiatory Pleading and Responsive Pleading?

Answer: Initiatory Pleading
a) It is a pleading which commences an action containing plaintiff's cause or
causes of action.
b) It is required to be verified.
c) It should contain a certification of non-forum shopping.
d) Payment of docket and other lawful fees are required. (Rule 141)

Responsive Pleading
a) It is a pleading which responds to the adverse party's pleading.
 b) It is not required to be verified as a general rule, unless the rules or law
otherwise requires.
c) It need not contain a certification of non-forum shopping, unless it is
accompanied by counterclaim or cross-claim.
d) Payment of docket and other lawful fees are not required. (Civil Procedure A
guide for the Bench and the BAR Book 1, 2020 Edition, Dean Ferdinand A. Tan)

7. What are the affirmative defenses under the rules?

Answer: The affirmative defenses include the following, to wit:
1) Fraud;
2) Statute of limitations;
3) Release;
4) Payment;
5) Illegality;
6) Statute of frauds;
7) Estoppel;
8) Former recovery;
9) Discharge in bankruptcy; and
10) Any other matter by way of confession and avoidance. (Sec. 5, Rule 6 of the
2019 Amendments to the 1997 Rules on Civil Procedure, A.M. No. 19-10-20)

8. What happens when a defendant fails to raise the affirmative defenses at the
earliest opportunity?
Answer: Failure to raise the affirmative defenses at the earliest opportunity shall
constitute a waiver thereof.

9. What is a permissive counterclaim?

Answer: A permissive counterclaim is a pleading asserting a claim which, being
cognizable by the regular courts of justice, which does not arise out of or is not
connected with the transaction or occurrence constituting the subject matter of
the opposing party's claim and require for its adjudication the presence of third
 parties of whom the court can acquire jurisdiction. (Civil Procedure A guide for
the Bench and the BAR Book 1, 2020 Edition, Dean Ferdinand A. Tan)

10. Distinguish Compulsory Counterclaim (Principle of Recoupment) and Permissive

Counterclaim (Principle of Set off)?
Answer: Compulsory Counterclaim
a) A compulsory counterclaim arises out of or is connected with the transaction
or occurrence constituting the subject matter of the opposing party's claim;
b) A compulsory counterclaim is barred if not set up in the answer (or in the
amended answer)
c) Plaintiff need not answer a compulsory counterclaim, except in summary
proceeding);
d) If plaintiff does not answer a compulsory counterclaim, he cannot be declared
in default;
e) A compulsory counterclaim does not require a certification on non-forum
shopping;
f) Compulsory counterclaim is not an initiatory pleading, and thus need not
require a certificate of non-forum shopping.
Permissive Counterclaim
a) A permissive counterclaim does not arise out of and is not connected with the
transaction or occurrence constituting the subject matter of the opposing party's
claim;
b) A permissive counterclaim is not barred even if not set up in the answer;
c) Plaintiff must answer a permissive counterclaim;
d) Plaintiff who does not answer a permissive counterclaim may be declared in
default in respect thereto;
e) A permissive counterclaim, being an initiatory pleading. requires a certification
on non-forum shopping;
f) If it is a permissive counter-claim, the lack of a certificate of non-forum
shopping is fatal. (Estherlita Cruz-Agana vs. Hon. Santiago-Lagman, G.R. No.
139018, April 11, 2005)

11. What are the kinds of defenses provided by the Rules of Court?
 Answer: Defenses may either be negative or affirmative.

● A negative defense is the specific denial of the material fact or facts

alleged in the pleading of the claimant essential to his or her cause or
causes of action.

● An affirmative defense is an allegation of a new matter which, while

hypothetically admitting the material allegations in the pleading of the
claimant, would nevertheless prevent or bar recovery by him or her. The
affirmative defenses include fraud, statute of limitations, release, payment,
illegality, statute of frauds, estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of confession and avoidance.

Affirmative defenses may also include grounds for the dismissal of a

complaint, specifically, that the court has no jurisdiction over the subject
matter, that there is another action pending between the same parties for
the same cause, or that the action is barred by a prior judgment. (Sec 5,
Rule 6)

12. When can the plaintiff file a reply?

Answer: An answer may be responded to by a reply only if the defending party

attaches an actionable document to the answer. (Sec 2, Rule 6)

13. What is a compulsory counterclaim?

Answer: A compulsory counterclaim is one which, being cognizable by the

regular courts of justice, arises out of or is connected with the transaction or
occurrence constituting the subject matter of the opposing party’s claim and does
not require for its adjudication the presence of third parties of whom the court
cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of
the court both as to the amount and the nature thereof, except that in an original
action before the Regional Trial Court, the counterclaim may be considered
compulsory regardless of the amount. A compulsory counterclaim not raised in
the same action is barred, unless otherwise allowed by these Rules. (Sec 7, Rule
6)
14. What is the rule on bringing of new parties?

Answer: When the presence of parties other than those to the original action is
required for the granting of complete relief in the determination of a counterclaim
or cross-claim, the court shall order them to be brought in as defendants, if
jurisdiction over them can be obtained. (Rule 6, Sec. 12, RROC)

15. What may be alleged by the third, fourth, etc. party defendant in his/her answer?

Answer: A third (fourth, etc.)-party defendant may allege in his or her answer his
or her defenses, counterclaims or cross-claims, including such defenses that the
third (fourth, etc.)-party plaintiff may have against the original plaintiff’s claim. In
proper cases, he or she may also assert a counterclaim against the original
plaintiff in respect of the latter’s claim against the third-party plaintiff. (Rule 6,
Sec. 13, RROC)

16. Section 4 of Rule 6 provides that an “answer is a pleading in which a

defending party sets forth his or her defenses” . Why is it addressed as
“defending party” and not “defendant”?

Because a plaintiff can be a defending party in a counterclaim, for example, a

permissive counterclaim.

17. What are ultimate facts?

Ultimate facts are the important and substantial facts which either directly from
the basis of the plaintiff’s primary right or duty, or directly make up the wrongful
acts or omissions by the defendant.

They are the principal, determinate and constitutive facts upon the existence of
which, the entire cause of action rests. (Rule 6)

18. Yelena filed a suit for damages against Annie. In her answer, Annie incorporated
a counterclaim for damages against Yelena and Gabi, counsel for plaintiff in said
suit, alleging in said counterclaim, that Gabi, as such counsel, maliciously
included Yelena to bring the suits against Annie despite Gabi’s knowledge of its
utter lack of factual and legal basis. In due time, Gabi filed a motion to dismiss
the counterclaim as against her on the ground that she is not a proper party to
the case, her being merely plaintiff’s counsel. Is the counterclaim of Annie
compulsory or not? (Rule 6, Sec. 7)
 A: Yes. The counterclaim of Annie is compulsory because it is one which arises
out of or is connected with the transaction or occurrence constituting the subject
matter of the opposing party’s claim and does not require for its adjudication the
presence of third parties of whom the court acquire jurisdiction. Here, the
counterclaim was against both the plaintiff and her lawyer who allegedly
maliciously induced the plaintiff to file the suit.

19. What is the proper remedy when a Motion for Leave to File Third-Party
Complaint is denied? (Rule 6, Sec. 11)

A: The admission of a third-party complaint requires leave of court, the discretion

is with the trial court. If leave is denied, the proper remedy is to file a complaint to
be docketed as a separate case.

RULE 7
1. What is set forth in the caption of a pleading?
Answer: The caption sets forth the name of the court, the title of the action, and
the docket number if assigned. The title of the action indicates the names of the
parties. They shall all be named in the original complaint or petition; but in
subsequent pleadings, it shall be sufficient if the name of the first party on each
side be stated with an appropriate indication when there are other parties. Their
respective participation in the case shall be indicated.
(Section 1, Rule 7 of 2019 Amendments to the Rules of Procedure)

2. What is a certification against forum shopping?

Answer: It is a certificate or a statement that is required to be attached to the
complaint. The plaintiff or principal party shall certify under oath in the complaint
or other initiatory pleading asserting a claim for relief, or in a sworn certification
annexed thereto and simultaneously filed therewith: (a) that he [or she] has not
theretofore commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of his [or her]
knowledge, no such other action or claim is pending therein; (b) if there is such
other pending action or claim, a complete statement of the present status thereof;
and (c) if he [or she] should thereafter learn that the same or similar action or
claim has been filed or is pending, he [or she] shall report that fact within five (5)
calendar days therefrom to the court wherein his [or her] aforesaid complaint or
initiatory pleading has been filed. (Sec. 5, Rule 7)
3. What pleadings require a certification against non-forum shopping?
Answer: Initiatory pleadings such as:
1. Complaint
2. Permissive counterclaim
3. Cross-claim
4. Third (fourth, etc.) party complaint
5. Complaint-in-intervention

4. What should be included in the contents of a pleading?

Answer: Every pleading stating a party’ s claims or defenses shall. in addition to
those mandated by Section 2, Rule 7, state the following:
(a) Names of witnesses who will be presented to prove a party’s claim or
defense:
(b) Summary of the witnesses’ intended testimonies, provided that the judicial
affidavits of said witnesses shall be attached to the pleading and form an integral
part thereof. Only witnesses whose judicial affidavits are attached to the pleading
shall be presented by the parties during trial. Except if a party presents
meritorious reasons as basis for the admission of additional witnesses, no other
witness or affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the allegations contained in
the pleading.
(Section 6, Rule 7 of 2019 Amendments to the Rules of Procedure)

5. What is the effect of a defective verification?

Answer: A pleading required to be verified that contains a verification based on
"information and belief," or upon "knowledge, information and belief," or lacks a
proper verification, shall be treated as an unsigned pleading. (Sec. 4, Rule 7 of
the the 2019 Amendments to the 1997 Rules on Civil Procedure, A.M. No. 19-10-
20)

6. What are the motions/applications which should be verified or under oath?

Answer: The following motions/applications should be made under oath or
verified, to wit:
 1)Motion to set aside a default order (Sec. 3[b], Rule 9; The Phil. British Co., et
al. vs. De Los Angeles, etc., et al., L-33720-21, March 10, 1975);
2) Motion to postpone hearing on the ground of absence of evidence (Sec. 3,
Rule 30);
3) Motion to postpone hearing due to illness (Sec. 4, Rule 30);
4) Motion to set aside judgment by default (Rule 9);
5) Motion for New Trial on the grounds of fraud, accident, mistake or excusable
negligence (Rule 37);
6) Petition for relief from judgment or order (Sec. 3, Rule 38);
7) Application for appointment of Receiver (Sec. 1, Rule 59)
8) Application for issuance of writ of attachment (Rule 57);
9) Application for issuance of writ of injunction (Sec. 4, Rule 58);
10) Application for appointment of a receiver (Sec. 1, Rule 59);
11) Application for writ of replevin (Rule 60);
12) Application for support pendente lite (Sec. 1, Rule 61);
13) Petition for appointment of a general guardian (Sec. 2, Rule 93); Petition for
appointment of limited guardian under Sec. 6 of Rule 93 need not be verified;
14) Petition for leave to sell or encumber property of an estate by a guardian
(Sec. 1, Rule 95);
15) Petition for the declaration of competency of a ward (Sec. 1, Rule 97);
16) Application of an issuance for a writ of search and seizure in civil actions for
infringement of intellectual property rights (Sec. 4, Rule on Search and Seizure in
Civil Actions for Infringement of IP Rights);
17) Motion for an inspection order or for a production order. (The Rule on the
Writ of Amparo)

7. Are all pleadings need to be verified?

Answer: No, the Rules of Court provides that pleadings need not be under oath
or verified except when otherwise specifically required by law or rule (Sec 4, Rule
7)
8. When is a pleading required to be verified considered as unsigned pleading?
Answer: A pleading required to be verified that contains a verification based on
“information and belief,” or upon “knowledge, information and belief,” or lacks a
proper verification, shall be treated as an unsigned pleading. (Sec 4, Rule 7)

9. What is the effect if a party failed to comply with the certification of non-forum
shopping requirement?
Answer: The Rules of Court provides that failure to comply with the certification
requirement shall not be curable by mere amendment of the complaint or other
initiatory pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after hearing. (Sec 5,
Rule 7)

10. What are the effects of the signature of the counsel in the pleading?
Answer: The signature of counsel constitutes a certificate by him or her that he
or she has read the pleading and document; that to the best of his or her
knowledge, information, and belief, formed after an inquiry reasonable under the
circumstances: (1) It is not being presented for any improper purpose, such as to
harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2)
The claims, defenses, and other legal contentions are warranted by existing law
or jurisprudence, or by a non-frivolous argument for extending, modifying, or
reversing existing jurisprudence; (3) The factual contentions have evidentiary
support or, if specifically so identified, will likely have evidentiary support after
availment of the modes of discovery under these Rules; and (4) The denials of
factual contentions are warranted on the evidence or, if specifically so identified,
are reasonably based on belief or a lack of information. (Rule 7, Sec. 3, RROC)
11. What is the effect of non-inclusion of the names of all the parties in the title of the
complaint? (Rule 7, Sec. 3)
A: The inclusion of the names of all the parties in the title of a complaint is a
formal requirement under Section 3, Rule 7 of the Rules of Court. However, the
rules of pleadings require courts to pierce the form and go into the substance.
The non-inclusion of one or some of the names of all the complainants in the title
of a complaint, is not fatal to the case, provided there is a statement in the body
of the complaint indicating that such complainant/s was/were made party to such
action.
12. On different dates, three (3) Complaints for Illegal Dismissal and for money
claims were filed before the NLRC against petitioner M and J, by private
respondents. LA handed down a decision declaring, among others, that petitioner
M was illegally dismissed. The NLRC resolved the appeal by dismissing the one
 filed by respondent and partially granting that of the other petitioners. The CA
reversed the decision and explained that the NLRC committed grave abuse of
discretion in reviving the complaints of petitioners despite their failure to verify the
same. Out of the 80 complainants, only M verified the position paper and his
counsel never offered any explanation for his failure to secure the verification of
the others. Is the CA correct in dismissing the complaints filed by those
petitioners who failed to verify their position papers? (Rule 7, Sec. 4)
A: Yes. The verification requirement is significant, as it is intended to secure an
assurance that the allegations in the pleading are true and correct and not the
product of the imagination or a matter of speculation, and that the pleading is
filed in good faith. Verification is deemed substantially complied with when, as in
this case, one who has ample knowledge to swear to the truth of the allegations
in the complaint or petition signs the verification, and when matters alleged in the
petition have been made in good faith or are true and correct. The absence of a
proper verification is cause to treat the pleading as unsigned and dismissible.
The lone signature of M would have been sufficient if he was authorized by his
co-petitioners to sign for them. Unfortunately, petitioners failed to adduce proof
that he was so authorized.
13. As counsel for BC, Atty. NY prepared a complaint for recovery of possession of a
parcel of land against T. Before filing a complaint, NY discovered that his client
was not able to sign the certification of non-forum shopping. To avoid further
delays in the filing of the complaint, NY signed the certification and immediately
filed the complaint in court. Is NY justified in signing the certification? Why? (Rule
7, Sec. 5)
A: No. Counsel cannot sign the anti-forum shopping certification because it must
be executed by the plaintiff or principal party himself since the rule requires
personal knowledge by the party executing the certification, unless counsel gives
good reason why he is not able to secure his client’s signatures and shows that
his clients will be deprived of substantial justice or unless he is authorized to sign
it by his clients through a special power of attorney.
14. Donna filed a complaint for damages against XX University for their refusal to
release her Transcript of Records. XX filed a motion to dismiss on the ground
that Donna sought administrative recourse before the CHED, thus, it had primary
jurisdiction to resolve matters pertaining to school controversies, and not the
RTC. XX claims that Donna is guilty of forum shopping as it sought recourse with
both the CHED and the RTC. Will XX’s claim prosper? (Rule 7, Sec. 10)
A: No. Under Sec. 10, the plaintiff or principal party shall certify under oath in the
complaint or other initiatory pleading asserting a claim for relief, or in a sworn
certification annexed thereto and simultaneously filed therewith: (a) that he or
she has not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency xxx. There is no forum
shopping in this case because CHED is without quasi-judicial power and cannot
 make any disposition of the case whether favorable or otherwise. Forum
shopping only exists when a party seeks favorable opinion in another court after
an adverse decision or instituting two or more actions grounded on the same
case hoping for a favorable decision.
15. Are appeals and petitions for certiorari within the scope of forum shopping?
A: No. Appeals and petitions for certiorari are normally outside the scope of
forum shopping because of their nature and purpose; they grant a litigant the
remedy of elevating his case to a superior court for review, except when availed
of when the issue is still pending before the trial court.

RULE 8
1. What should be the manner of making allegations in pleadings?
Answer: Every pleading shall contain in a methodical and logical form, a plain,
concise and direct statement of the ultimate facts, including the evidence on
which the party pleading relies for his or her claim or defense, as the case may
be. If a cause of action or defense relied on is based on law, the pertinent
provisions thereof and their applicability to him or her shall be clearly and
concisely stated. (Section 1, Rule 8 of 2019 Amendments to the Rules of
Procedure)

2. What is the remedy if the case is instituted by a person not a real party-in-
interest?
Answer: The remedy of the defendant is to file an answer and raise the ground
of failure to state a cause of action as an affirmative defense. Sec. 12, Rule 8 of
the 2019 Amendments to the 1997 Rules on Civil Procedure (A.M. No. 19-10-20)
provide for the rules on affirmative defenses that may be raised in the answer. It
states that:
"Sec. 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:
* X X X.
4. That the pleading asserting the claim states no cause of action; and"

3. How should a party raise an issue as to the legal capacity of any party?
 Answer: A party desiring to raise an issue as to the legal existence of any party
or the capacity of any party to sue or be sued in a representative capacity, shall
do so by specific denial, which shall include such supporting particulars as are
peculiarly within the pleader’ s knowledge.
(Section 4, Rule 8 of 2019 Amendments to the Rules of Procedure)

4. What averments must be stated with particularity?

Answer: In all averments of fraud or mistake, the circumstances constituting
fraud or mistake must be stated with particularity.
(Section 5, Rule 8 of 2019 Amendments to the Rules of Procedure)

5. How do a party plead a judgment or decision of a domestic or foreign court,

judicial or quasi-judicial tribunal, or of a board or officer?
Answer: In pleading a judgment or decision of a domestic or foreign court,
judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the
judgment or decision without setting forth matter showing jurisdiction to render it.
An authenticated copy of the judgment or decision shall be attached to the
pleading.
(Section 6, Rule 8 of 2019 Amendments to the Rules of Procedure)

6. How does a party contest an actionable document?

Answer: When an action or defense is founded upon a written instrument, 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 or she 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.
(Section 8, Rule 8 of 2019 Amendments to the Rules of Procedure)

7. What is the effect of failing to raise the affirmative defenses at the earliest
opportunity?
 Answer: Failure to raise the affirmative defenses at the earliest opportunity shall
constitute a waiver thereof. (Section 12, Rule 8 of 2019 Amendments to the
Rules of Procedure)

8. What are the instances when a pleading or a matter contained therein may be
stricken out?
Answer: Upon motion made by a party before responding to a pleading or, if no
responsive pleading is permitted by these Rules, upon motion made by a party
within twenty (20) calendar days after the service of the pleading upon him or
her, or upon the court’s own initiative at any time, the court may order any
pleading to be stricken out or that any sham or false, redundant, immaterial,
impertinent, or scandalous matter be stricken out therefrom.
(Section 13, Rule 8 of 2019 Amendments to the Rules of Procedure)

9. What is an actionable document?

An "actionable document" is a written instrument or document on which an action
or defense is founded. (Civil Procedure A guide for the Bench and the BAR Book
1, 2020 Edition, Dean Ferdinand A. Tan)

10. Is the capacity of the parties required to be averred in the pleadings?

Answer: Yes, facts showing the capacity of a party to sue or be sued or the
authority of a party to sue or be sued in a representative capacity or the legal
existence of an organized association of persons that is made a party, must be
averred. (Sec 4, Rule 8)

11. What are the requisites in pleading a judgment?

Answer: In pleading a judgment or decision of a domestic or foreign court,
judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the
judgment or decision without setting forth matter showing jurisdiction to render it.
An authenticated copy of the judgment or decision shall be attached to the
pleading. (Sec 6, Rule 8)

12. What are the recognized affirmative defenses under the Rules of Court?
Answer: The affirmative defenses include fraud, statute of limitations, release,
payment, illegality, statute of frauds, estoppel, former recovery, discharge in
 bankruptcy, and any other matter by way of confession and avoidance.
Affirmative defenses may also include grounds for the dismissal of a complaint,
specifically, that the court has no jurisdiction over the subject matter, that there is
another action pending between the same parties for the same cause, or that the
action is barred by a prior judgment. (Sec 5(b), Rule 6)
Section 12 of Rule 8 also provides the following affirmative defenses:
● That the court has no jurisdiction over the person of the defending party
● That venue is improperly laid;
● That the plaintiff has no legal capacity to sue;
● That the pleading asserting the claim states no cause of action; and
● That a condition precedent for filing the claim has not been complied with.

13. What is the effect of failure to make specific denial?

Answer: Material averments in a pleading asserting a claim or claims, other than
those as to the amount of unliquidated damages, shall be deemed admitted
when not specifically denied. (Sec 11, Rule 8)
14. Corporation X is to sue Corporation Y, however, Corporation Y moves that
the case be dismissed due because Corporation Y failed to allege their
incorporation in accordance with the law. Is Y’s allegation correct?

Y’s allegation is correct.

Facts showing the capacity of a party to sue or be sued or the authority of
a party to sue or be sued in a representative capacity or the legal existence of an
organized association of persons that is made a party, must be averred. (Sec. 4,
Rule 8)
The failure of Corporation Y to allege that they are incorporated under the
law is a must under the Rules of Court.

15. How must an allegation of fraud be stated in a pleading?

It must be stated with particularity.

In all averments of fraud or mistake, the circumstances constituting fraud or

mistake must be stated with particularity. (R8, S5)

16. In his complaint for foreclosure of mortgage to which was duly attached a copy of
the mortgage deed, plaintiff RR alleged that the defendant GG duly executed the
mortgage deed, and that to prosecute his complaint, RR contracted a lawyer, FF,
 for a fee of P60,000. In his answer, defendant alleged that he had no knowledge
of the mortgage deed and he also denied any liability for plaintiff’s contracting
with a lawyer for a fee. Does the defendant's answer as to plaintiff’s allegations
sufficiently raise an issue of fact? (Rule 8, Sec. 10)

A: No. 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 or she
shall so state, and this shall have the effect of a denial.

Here, defendant does not sufficiently raise an issue of fact, because he cannot
allege lack of knowledge of the mortgage deed since he should have personal
knowledge as to whether he signed it or not and because he did not deny under
oath the genuineness and due execution of the mortgage deed, which is an
actionable document. Also, defendant did not properly deny liability as to
plaintiff’s contracting with a lawyer for a fee. He did not even deny for a lack of
knowledge.

17. Plaintiff Dain, proprietor of KLL, instituted through her attorney-in-fact a

Complaint for sum of money against the defendant spouses Lim, to collect the
value of construction materials obtained by the latter from KLL amounting to
P3,000,000.00, which remained unpaid despite written demand. Plaintiff’s cause
of action is based on a document entitled “Acknowledgment” apparently
executed by hand by defendant Faye. Defendants filed a Demurrer to Evidence,
which plaintiff opposed. Defendants argued that the Acknowledgment was not an
original copy and thus inadmissible. The RTC denied defendants’ demurrer for
lack of merit and ordered the defendants to pay the plaintiff. Were the spouses
able to properly deny the Acknowledgment? (Rule 8, Sec. 8)

A: No. The rule that the genuineness and due execution of the instrument shall
be deemed admitted, unless the adverse party specifically denies them under
oath, applies only to parties to such instrument. Here, the spouses failed to deny
specifically under oath the genuineness and due execution of the
Acknowledgment in their Answer. The effect of this is that the genuineness and
due execution of the Acknowledgment is deemed admitted. Hence, only Faye
may be held liable for the judgment amount of P3,000,000.00, since the other
spouse was not a signatory to the Acknowledgment.

18. What is the remedy of the defending party in case there is failure to comply with
barangay conciliation?

A: Under Rule 8, Sec. 12, the defending party may file his responding pleading
and raise the issue of lack of referral of the case to the barangay as an
 affirmative defense on the ground that there is failure to comply with condition
precedent of barangay conciliation.

RULE 9
1. What is the effect of order of default?
Answer: A party in default shall be entitled to notices of subsequent proceedings
but shall not to take part in the trial. (Section 3, Rule 9 of 2019 Amendments to
the Rules of Procedure)

2. How can a party set aside an order of default?

Answer: 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 case, the order of default may be set aside on such terms and conditions
as the judge. (Section 3, Rule 9 of 2019 Amendments to the Rules of Procedure)

3. What is the effect of partial default?

Answer: 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. (Section 3, Rule 9 of 2019 Amendments
to the Rules of Procedure)

4. What is the extent of relief to be awarded against a party in default?

Answer: 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. (Section 3, Rule 9 of 2019 Amendments to the Rules of Procedure)

5. What are the instances where no defaults are allowed?

Answer: No defaults are allowed in action for annulment or declaration of nullity
of marriage or for legal separation. (Section 3, Rule 9 of 2019 Amendments to
the Rules of Procedure)
19. What are the requisites for litis pendentia to be a ground for dismissal of the
action?
Answer: The requisites must concur, identity of parties, identity of rights
asserted and relief prayed for, and identity of the two preceding particulars is
such that any judgment rendered in the pending case amount to res judicata in
the other. (Sec. 1, Rule 9 of the 2019 Amendments to the Rules of Procedure)

20. What is the effect if compulsory counterclaim or set cross-claim is not pleaded in
the pleading?
Answer: A compulsory counterclaim, or a cross-claim, not set up shall be barred.
Sec. 2, Rule 9 of the 2019 Amendments to the 1997 Rules on Civil Procedure
(A.M. No. 19-10-20)

21. What is an order of Default?

Answer: A default order is issued by the court, on plaintiff’s motion and at the
start of the proceedings, for failure of the defendant to file his responsive
pleading seasonably. Sec. 3, Rule 9 of the 2019 Amendments to the 1997 Rules
on Civil Procedure (A.M. No. 19-10-20)

22. What are the requirements for the declaration of default?

Answer: Three (3) requirements before the defendant may be declared in default
shall be: 1) motion in writing; 2) defendant must be notified of the motion; 3) proof
that defending party failed to file answer within the prescribed period. (Sec. 3,
Rule 9 of the 2019 Amendments to the 1997 Rules on Civil Procedure (A.M. No.
19-10-20)

23. What are the grounds for the lifting of the order of default under the amended
rules?
Answer: 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:
1) Fraud;
2) Accident;
 3) Mistake; or
4) Excusable negligence. (Civil Procedure A guide for the Bench and the BAR
Book 1, 2020 Edition, Dean Ferdinand A. Tan)

24. What is a judgment by default?

Answer: A judgment by default - is a judgment rendered by the court based on
the presentation of the plaintiff's evidence ex-parte after the defendant has been
declared in default, and the award shall not exceed the amount or be different
from the kind of prayer that the plaintiff complained as the facts and evidence so
warrant. (Civil Procedure A guide for the Bench and the BAR Book 1, 2020
Edition, Dean Ferdinand A. Tan)

25. When can the court may dismiss motu proprio the claim?
Answer: The court may motu proprio dismiss the claim if:
● The court has no jurisdiction over the subject matter
● That there is another action pending between the same parties for the
same cause
● The action is barred by a prior judgment or by statute of limitations (Sec 1,
Rule 9)

26. May an order of default of be set aside?

Answer: Yes, the Rules of Court provides that 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 case, the order of default may be set aside on
such terms and conditions as the judge may impose in the interest of justice.
(Sec 3(b), Rule 9)

27. What is the extent of relief that may be granted to the plaintiff if the defendant is
declared in default?
Answer: 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. (Sec 3(d), Rule 9)
28. What are the exceptions to the omnibus motion rule?
Answer: Lack of jurisdiction, litis pendentia, barred by prior judgment, and
prescription. (Sec. 1, Rule 9)
29. X filed a case of legal separation against his husband, Y. Y, failed to answer
in time allowed therefore by the Court. X filed a motion to declare Y in
default. Should the motion be granted? What does the Court or plaintiff
need to do?

No, the motion should be denied.

In case of legal separation, as provided for in Section 3(e) of Rule 9 is one
of the cases where a declaration of default cannot be made.

If the defending party in an action for legal separation fails to answer, the
court shall order the OSG or her 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.
Afterwhich, the case may proceed.

30. What are the other instances when default is prohibited?

A: 1) Forcible entry and unlawful detainer; 2) Small Claims Cases; 3) Petition for
Writ of Kalikasan; 4) Petition for continuing Mandamus; 5) Petition for Writ of
Amparo; 6) Petition for Writ of Habeas Corpus; and 7) Environmental Cases.

31. XYZ filed a collection suit against PQR amounting to P12,000,000,00, plus
interest, for the construction of the golf course. Despite the RTC’s liberality of
granting two successive motions for extension of time, PQR failed to answer the
complaint. Hence, the RTC rendered a judgment of default. QPR filed a petition
for annulment of judgment. The petition for annulment of judgment was premised
on the argument that the gross negligence of PQR’s counsel prevented the
presentation of evidence before the RTC. The CA dismissed the petition for
annulment of judgment for lack of merit. Should PQR be granted to lift the order
of default? (Rule 9, Sec. 3[b])
A: No. 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.

The rule is that a client is bound by the acts, even mistakes, of his counsel in the
realm of procedural technique, and unless such acts involve gross negligence
that the claiming party can prove, the acts of a counsel bind the client as if it had
been the latter’s acts. Hence, PQR is bound to the gross negligence of its
counsel to answer the complaint.
 RULE 10
1. What is the remedy of the plaintiff in case his complaint fails to state a cause of
action?
Answer: A party may amend his pleading once as a matter of right at any time
before a responsive pleading is served.

Sec. 2, Rule 10 provides for rule on the amendment of the complaint as a matter
of right before the filing of a responsive pleading of by impleading the real party-
in-interest. It provides that:
"Sec. 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) days after it is served."

2. How are amendments made in a pleading?

Answer: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 mis
taken 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, in the most expeditious and inexpensive manner. (Section 1, Rule
10 of 2019 Amendments to the Rules of Procedure)

3. When are amendments by leave of court not allowed?

Answer: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. (Section
3, Rule 10 of 2019 Amendments to the Rules of Procedure)

4. How are formal amendments made?

Answer:A defect in the designation of the parties and other clearly clerical or
typographical errors may be summarily corrected by the court at any stage of the
action, at its initiative or on motion, provided no prejudice is caused thereby to
the adverse party. (Section 4, Rule 10 of 2019 Amendments to the Rules of
Procedure)
5. What is the effect of amended pleadings?
Answer: 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. (Section 8, Rule 10 of 2019
Amendments to the Rules of Procedure)

6. What is amendment?
Answer: Amendment is an act of adding, changing, substituting, or omitting
something from a pleading, or instrument. (Cuenco vs. Laya, L-31252, December
22, 1969, 30 SCRA 756)

7. What are the kinds of amendment under the new rules?

Answer: The kinds of amendment under the rules are as follows, to wit:
1. Amendment as a matter of right (Sec. 2, Rule 10);
2. Amendment by leave of court (Sec. 3, Rule 10);
3. Substantial amendment (Sec. 3, Rule 10);
4. Formal amendment. (Sec. 4, Rule 10) [2019 Amendments to the 1997
Rules on Civil Procedure (A.M. No. 19-10-20)]

8. When is amendment a matter of right?

Answer: 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. Sec. 2, Rule 10 of the 2019
Amendments to the 1997 Rules on Civil Procedure (A.M. No. 19-10-20)

9. What is the remedy in case of denial of the motion to amend as a matter of right?
Answer: The proper remedy in case of denial of the motion to amend as a
matter of right is to file a petition for mandamus under Sec. 3, Rule 65, since it is
a ministerial duty on the part of the court to allow amendment on the pleading
before the filing of a responsive pleading.
10. What are the grounds for the denial of leave of court by the court under the
amended rules.
Answer: Such leave shall be refused by the court if it appears that:
1) The motion was made with intent to delay;
2) It is intended to confer jurisdiction on the court, or
3) The pleading stated no cause of action from the beginning which could be
amended. Sec. 3, Rule 10 of the 2019 Amendments to the 1997 Rules on Civil
Procedure (A.M. No. 19-10-20)

11. What are the requirements for the Issuance of an Order to amend with leave of
court under the amended rules?
Answer: Orders of the court upon the matters provided in this Section shall be
made:
1) Upon motion filed in court;
2) After notice to the adverse party; and
3) An opportunity to be heard. Sec. 3, Rule 10 of the 2019 Amendments to the
1997 Rules on Civil Procedure (A.M. No. 19-10-20)

12. When is amendment of a pleading considered as a matter of right?

Answer: A party may amend his [or her] 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. (Sec 2, Rule 10)

13. When is leave of court necessary in the amendment of a pleading?

Answer: Except as provided in Section 2 of Rule 10, 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.

14. What is the effect of amended pleadings?

 Answer: 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. (Sec 8, Rule 10)

15. When can there be formal amendments in the pleadings?

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

16. What is a supplemental pleading?

Answer: Supplemental pleading sets forth transactions, occurrences or events
which have happened since the date of the pleading sought to be supplemented.
(Sec 6, Rule 10)

17. What is the rule on formal amendment of pleading?

Answer: A defect in the designation of the parties and other clearly clerical or
typographical errors may be summarily corrected by the court at any stage of the
action, at its initiative or on motion, provided no prejudice is caused thereby to
the adverse party. Sec. 4, Rule 10 of the 2019 Amendments to the 1997 Rules
on Civil Procedure (A.M. No. 19-10-20)
18. May the Court order the summary correction of a defect in the designation of
the parties or other clerical errors without motion? Why?
Answer: Yes, because the Rules now allow the court to order the summary
correction even at its own initiative provided no prejudice is caused to the
adverse party (Rule 10, Sec 4)
19. LEI, represented by Kaeya filed a Complaint against the respondent XV Bank for
Annulment of Mortgage with Prayer for TRO & Preliminary Injunction with
Damages with the RTC. The RTC issued a TRO. Kaeya filed an Answer.
Thereafter, RTC dismissed LEI and Kaeya’s Complaint. The latter then filed a
Motion for Reconsideration. While awaiting resolution of the MR, they also filed a
Motion to Admit Amended Complaint. The RTC denied both the MR and the
Motion to Admit Amended Complaint. Is the RTC correct? (Rule 10, Sec. 2 & 3)
A: No. A responsive pleading having been filed, amendments to the complaint
may, therefore, be made only by leave of court and no longer as a matter of right.
The granting of leave to file amended pleading is a matter particularly addressed
 to the sound discretion of the trial court; and that discretion is broad, subject only
to the limitations that the amendments should not substantially change the cause
of action or alter the theory of the case, or that it was not made to delay the
action.
This liberality is greatest in the early stages of a lawsuit, especially in this case
where the amendment was made before the trial of the case, thereby giving the
petitioners all the time allowed by law to answer and to prepare for trial. Hence,
the RTC should admit the Amended Complaint.

RULE 11
1. What is the period within which a party may file an amended complaint?
Answer: When the plaintiff files an amended complaint as a matter of right, the
defendant shall answer the same within thirty (30) calendar days after being
served with a copy thereof.
Where its filing is not a matter of right, the defendant shall answer the amended
complaint within fifteen (15) calendar days from notice of the order admitting the
same. An answer earlier filed may serve as the answer to the amended
complaint if no new answer is filed.
This Rule shall apply to the answer to an amended counterclaim, amended
cross-claim, amended third (fourth, etc.)-party complaint, and amended
complaint-in-intervention. (Section 3, Rule 11 of 2019 Amendments to the Rules
of Procedure)

2. How many days does the defendant have to file an answer?

Answer: The defendant shall file his or her answer to the complaint within thirty
(30) calendar days after service of summons, unless a different period is fixed by
the court. (Sec 1, Rule 11)
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. (Sec 2, Rule 11)

3. Can a defendant be allowed to file a Motion for Extension of Time to file an

answer or responsive pleading?
 Answer: Yes, 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. (Section 11, Rule 11)

4. How many days does the plaintiff have to file a reply?

Answer: A reply, if allowed under Section 10, Rule 6, may be filed within fifteen
(15) calendar days from service of the pleading responded to. (Sec 6, Rule 11)

5. How many days does the defendant have to file an answer to a supplemental
complaint?
Answer: 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.
(Sec 7, Rule 11)

6. What the period to file an answer to an amended complaint?

Answer: 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. (Sec 3, Rule 11)

RULE 12
1. What is the remedy of a party if the pleading contains allegations which are not
averred with sufficient definiteness?
Answer: 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. (Sec 1,
Rule 12)

2. What is the proper action of the court if motion for bill of particulars is filed?
 Answer: 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 (Sec 2, Rule 12)

3. What is the effect of non-compliance with the order to file bill of particulars?
Answer: 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. (Sec 4, Rule 12)

4. What is a bill of particulars?

Answer: Bill of particulars - is a more definite statement of fact and material
allegations in the pleadings. (Civil Procedure A guide for the Bench and the BAR
Book 1, 2020 Edition, Dean Ferdinand A. Tan)

5. What are the instances where motion for bill of particulars is not allowed?
Answer: Motion for bill of particulars is prohibited under the following cases, to
wit:
1) Intra-corporate Disputes;
2) Cases under the Rules on Summary Procedure;
3) Cases under the Rules on Small Claims Cases;
4) Cases under the Rules on Environmental Cases;
5) Case under the Rules on Writ of Amparo;
6) Cases under the Rules on Habeas Data. (Simny G. Guy, et al. vs. Gilbert G.
Guy, G.R. No. 189486, September 5, 2012)

6. The defendant filed a motion for bill of particulars, the defendant was
dumbfounded to find that on the date of hearing, his motion was already denied
on the day of its filing on the ground that his allegations on the complaint were
sufficiently made. Assuming that the judge grants the motion, can the trial judge
dismiss the case if the plaintiff does not comply with the order to file and serve
the bill of particulars?
Yes, the Judge may dismiss the case.
 Rule 12, Section 4 of the Rules of Court authorizes the court to order the
striking out of the pleading affected. In addition, Rule 17, Section 3 states that
when the plaintiff fails to comply for no justifiable cause with any order of the
court or with the Rules, the case may be dismissed.
The plaintiff's failure to comply with the order of the judge is a ground to
dismiss the case, hence, the dismissal.
7. The defendant filed a motion for bill of particulars, the defendant was
dumbfounded to find that on the date of hearing, his motion was already denied
on the day of its filing on the ground that his allegations on the complaint were
sufficiently made. Did the judge in acting on the motion without waiting for the
hearing set for the motion gravely abused his discretion?

No, the Judge did not abuse his discretion.

Rule12, Section 2 of the Rules of Court authorizes the court to either deny
or grant said motion outright or allow the parties an opportunity to be heard. The
court is not mandated to conduct a hearing.

In this case, the Court need not to wait for the hearing set before making
granting or denying the motion for bill of particulars.

8. What is the effect of non-compliance with the order of a bill of particulars?

If the order is not complied with, 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. (Sec. 4, Rule 12)

RULE 13
1. What are the papers required to be filed and served?
Answer: Every judgment, resolution, order, pleading subsequent to the
complaint, written motion, notice, appearance, demand, offer of judgment or
similar papers shall be filed with the court, and served upon the parties affected.
(Section 4, Rule 13 of 2019 Amendments to the Rules of Procedure)

2. What are the modes of service allowed by the court?

Answer: Pleadings, motions, notices, orders, judgments, and other court
submissions shall be served personally or by registered mail. accredited courier,
electronic mail. facsimile transmission, other electronic means as may be
 authorized by the court. or as provided for in international conventions to which
the Philippines is a party. (Sec. 5, Rule 13)

3. When shall service by electronic means be made?

Answer: 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. (Section 9, Rule 13 of 2019 Amendments to the
Rules of Procedure)

4. What is the effect of failure to notify the court of a party’s change of electronic
mail address or facsimile number?
Answer: 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. (Section 11, Rule 13 of 2019 Amendments to the Rules of
Procedure)

5. How are judgments, final orders or resolutions served to the parties?

Answer: 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. (Section 13, Rule 13 of 2019 Amendments to the Rules of
Procedure)

6. When is service completed?

Answer: Personal service is complete upon actual delivery. Service by ordinary
mail is complete upon the expiration often (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. (Section 15, Rule 13 of 2019
Amendments to the Rules of Procedure)

7. What is the proof of filing a pleading or any court submission?

Answer: 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 couriers official receipt and document tracking number.
(d) If the pleading or any other court submission was filed by electronic mail. the
same shall be proven by an affidavit of electronic filing of the filing party
accompanied by a paper copy of the pleading or other document transmitted or a
written or stamped acknowledgment of its filing by the clerk of court. If the paper
copy sent by electronic mail was filed by registered mail. paragraph (b) of this
Section applies.
(e) If the pleading or any other court submission was filed through other
authorized electronic means, the same shall be proven by an affidavit of
electronic filing of the filing party accompanied by a copy of the electronic
acknowledgment of its filing by the court. (Section 16, Rule 13 of 2019
Amendments to the Rules of Procedure)
8. What are the different proofs of service?
Answer: 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.
(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. (Section 17, Rule 13 of 2019 Amendments to
the Rules of Procedure)

9. What is the manner of filing of pleadings and other court submissions?

Answer: The filing of pleadings and other court submissions shall be made by:
1. Submitting personally the original thereof, plainly indicated as such, to the
court;
2. Sending them by registered mail;
3. Sending them by accredited courier; or
4. Transmitting them by electronic mail or other electronic means as may be
authorized by the Court in places where the court is electronically
equipped. Sec. 3, Rule 13 of the 2019 Amendments to the 1997 Rules on
Civil Procedure (A.M. No. 19-10-20)

10. What is the rule in case of filing of pleading or other court submissions by
registered mail or private courier?
Answer: In the second (registered mail) and third cases (private courier), the
date of the mailing of motions, pleadings, and other court submissions, and
payments or deposits, as shown by the post office stamp on the envelope or the
registry receipt, shall be considered as the date of their filing, payment, or deposit
 in court. The envelope shall be attached to the record of the case. Sec. 3, Rule
13 of the 2019 Amendments to the 1997 Rules on Civil Procedure (A.M. No. 19-
10-20)

11. How personal service be effected?

Answer: Court submissions may be served personally by:
1) Personal delivery of a copy to the party or to the party's counsel, or to their
authorized representative named in the appropriate pleading or motion; or
2) By leaving it in his or her office with his or her clerk, or with a person having
charge thereof;
3) If no person is found in his or her office, or his or her office is not known, or he
or she has no office, then by leaving the copy, between the hours of eight in the
morning and six in the evening, at the party's or counsel's residence, if known,
with a person of sufficient age and discretion residing therein. Sec. 6, Rule 13 of
the 2019 Amendments to the 1997 Rules on Civil Procedure (A.M. No. 19-10-20)

12. What kind of mail is required if service is made by mail?

It should be registered mail if it exists in the locality. (R13,S5)

13. May judgment be served to a party through electronic mail or facsimile?

No. 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. (R13, S13)

14. Chan filed a complaint with the NLRC against respondent members of the
BENECO Board, challenging the legality of the Board resolutions which ordered
his suspension and termination from the service and demanding payment of his
salaries and allowances. Respondent Board members insist that their
Memorandum on Appeal was filed on time because it was delivered for mailing
to the Yuno Communications Company, a licensed private letter carrier. The
Board members in effect contend that the date of delivery to Yuno
Communications was the date of filing of their appeal memorandum. Does the
contention of respondent correct? (Rule 13, Sec. 7)
 A: No. Under Sec. 7, service by registered mail shall be made by depositing the
copy in the post office, in a sealed envelope, plainly addressed to the party or to
the party’s counsel at his or her office, if known, otherwise at his or her
residence, if known, with postage fully pre-paid, and with instructions to the
postmaster to return the mail to the sender after ten (10) calendar days if
undelivered. If no registry service is available in the locality of either the sender
or the addressee, service may be done by ordinary mail.

Respondent Board member's contention runs counter to the established rule

that transmission through a private carrier or letter-forwarder - instead of the
Philippine Post Office - is not a recognized mode of filing pleadings. The
established rule is that the date of delivery of pleadings to a private letter-
forwarding agency is not to be considered as the date of filing thereof in court,
and that in such cases, the date of actual receipt by the court, and not the date
of delivery to the private carrier, is deemed the date of filing of that pleading.

15. BIR did not act upon petitioner PNB's claim for refund. Petitioner PNB filed with
the Second CTA Division a Petition for Review, and prayed that it be refunded or
issued a tax credit certificate. The CIR alleged that PNB's claim for refund/tax
credit is subject first to an investigation and that it failed to establish its right to a
refund. The CTA En Banc dismissed PNB's petition for the petition does not
contain an Affidavit of Service. PNB narrated the circumstances leading to its
counsel's decision to mail its petition for review via LBC Express, a private letter-
forwarding company, instead of registered mail. It claims that since this Court
has repeatedly pronounced the primacy of substantive justice over technical
rules, then its procedural lapses should likewise be excused, especially since no
substantial rights of the CIR are affected. What is the effect of failure to attach
the affidavit of service? (Rule 13, Sec. 17[c])

A: Under Sec. 17(c), if the service is made by 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.

In the instant case, the failure to attach the required affidavit of service is not
fatal if the registry receipt attached to the petition clearly shows service to the
other party.

16. What is lis pendens?

 Answer: Lis pendens which literally means pending suit refers to the
jurisdiction, power or control which a court acquires over the property involved
in a suit, pending the continuance of the action, and until the final judgment.

RULE 14
1. What is the effect of the plaintiff’s failure to comply with the court’s order to cause
the service of summon?
Answer: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. (Section 3, Rule
14 of 2019 Amendments to the Rules of Procedure)

2. What is the period of validity of summons?

Answer: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. (Section 4, Rule 14 of 2019 Amendments to the Rules
of Procedure)

3. How is service made upon entity without juridical personality?

Answer:When persons associated in an entity without juridical personality are
sued under the name by which they are generally or commonly known, service
may be effected upon all the defendants by serving upon anyone of them, or
upon the person in charge of the office or place of business maintained in such
name. But such service shall not bind individually any person whose connection
with the entity has, upon due notice, been severed before the action was filed.
(Section 7, Rule 14 of 2019 Amendments to the Rules of Procedure)

4. What is the effect of the defendant’s voluntary appearance in the action?

Answer: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. (Section 23, Rule 14 of 2019 Amendments to the Rules
of Procedure)
5. What is summons?
Answer: Summons is a writ by which the defendant is notified of the action
brought against him or her. In a civil action, service of summons is the means by
which the court acquires jurisdiction over the person of the defendant. Any
judgment without such service, in the absence of a valid waiver, is null and void,
(Remelita M. Robinson us. Celita B. Miralles, G.R. No. 163584, December 12,
2006)

6. Who shall issue summons?

Answer: 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.

7. What are the two (2) fold purpose of summons?

Answer: The two (2) fold purpose is for the court to acquire jurisdiction over the
person of the defendant, and to notify the defendant of the case filed against him.
(Civil Procedure A guide for the Bench and the BAR Book 1, 2020 Edition, Dean
Ferdinand A. Tan)

8. What are the kinds of summons?

Answer: There are two (2) kinds of summons
1) Original summons; and
2) Alias summons. (Civil Procedure A guide for the Bench and the BAR Book 1,
2020 Edition, Dean Ferdinand A. Tan)

9. What is an original summons?

Answer: Original summons is the writ issued by the clerk of court upon receipt of
the complaint and the payment of the requisite docket and other lawful fees by
which the defendant is notified of the action brought against him and requiring
him to file his responsive pleading within the period prescribed by the rules. (Civil
Procedure A guide for the Bench and the BAR Book 1, 2020 Edition, Dean
Ferdinand A. Tan)
10. What is an alias summons?
Answer: Alias summons is a writ issued by clerk of court when the original
summons has been lost or not duly served without fault on the part of the plaintiff.
(Civil Procedure A guide for the Bench and the BAR Book 1, 2020 Edition, Dean
Ferdinand A. Tan)

11. Distinctions between Summons (Rule 14) and Subpoena (Rule 21)?
Answer: Summons
a) It is a writ issued by the clerk of court which the defendant is notified of the
action brought against him.
b) There are two kinds of summons which are original and alias summons.
c) The purpose of summons is to acquire jurisdiction over the person of the
defendant or the res, and in compliance with due process in an action in rem or
quasi-in rem.
d) Remedy in case of defective service of summons is to file a motion to dismiss
for lack of jurisdiction over the person of the defending party under Rule 16 or
ask for an alias summons.
e) Summons is issued by the clerk of court upon receipt of the complaint and the
corresponding payment of docket and other lawful fees or when the original
summons has not been served or was lost without fault of the plaintiff.

Subpoena
a) It is a writ issued by the judge by which a person is required to appear and
testify before the court or in an investigation or to bring documents or books to
the court.
b) There are two kinds of subpoena which are subpoena duces tecum and ad
testificandum.
c)The purpose of subpoena is to require a person to appear and testify before
the court or in an investigation or to bring documents or books to the court.
d) While in subpoena, the remedy is a motion to quash subpoena.
e) Subpoena is issued by the judge during trial.

12. What are the contents of summons?

 Answer: Summons shall be directed to the defendant, signed by the clerk of
court under seal, and contain:
● The name of the court and the names of the parties to the action;
● When authorized by the court upon ex-parte motion, an authorization for
the plaintiff to serve summons to the defendant;
● A direction that the defendant answer within the time fixed by these Rules;
and
● A notice that unless the defendant so answers, plaintiff will take judgment
by default and may be granted the relief applied for. Sec. 2, Rule 14 of the
2019 Amendments to the 1997 Rules on Civil Procedure (A.M. No. 19-10-
20)

13. What is the accompanying attachment in the summons?

Answer: A copy of the complaint and order for appointment of guardian ad liter,
if any, shall be attached to the original and each copy of the summons. Sec. 2,
Rule 14 of the 2019 Amendments to the 1997 Rules on Civil Procedure (A.M. No.
19-10-20)

14. Who shall serve summons?

Answer: 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 are 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 judicial 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 are 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.
15. How service of summons upon spouses are effected?
When spouses are sued jointly. service of summons should be made to each
spouse individually. (Sec. 11, Rule 14)
16. The service of summons upon a domestic private juridical entity was made
through the President on a coffee shop. Is the summon properly served?

Yes, the summon is properly served.

Rule 14, Section 12 states that when the defendant is a corporation, service may
be made on the president, managing partner, general manager, corporate
secretary, treasurer, or in-house counsel of the corporation wherever they may
be found.

If the president was by chance seen in a coffee shop by the proper authority to
serve the summon, then it is considered properly served.

17. The service of summons upon a domestic private juridical entity was made
through the President on a coffee shop. Is the summon properly served?

Yes, the summon is properly served.

Rule 14, Section 12 states that when the defendant is a corporation, service may
be made on the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel of the corporation wherever they may be found.

If the president was by chance seen in a coffee shop by the proper authority to
serve the summon, then it is considered properly served.

18. The service of summons upon a domestic private juridical entity under
receivership was made through the President on a coffee shop. Is the summon
properly served?

No, the summon is not properly served.

Rule 14 Section 12 provides that 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.
 The President may only be served summons if the private juridical entity is in
regular business, since it was under receivership, the law states that the summon
should have been served to the receiver or liquidator.

19. X went to Palawan through a boat ride , during the trip, one of his heirs died
but since he does not know the owner of the boat, the suit was titled X vs. the
unknown owner of the boat. Can the court acquire jurisdiction over the defendant
if he is unknown?

Yes, the court can acquire jurisdiction over the defendant.

Under Rule 14, Section 16 the Rules of Court provided how service upon
defendants whose identity or whereabouts are unknown, that the summons may be
served through publication to acquire jurisdiction over the unknown defendant. Once the
unknown defendant files an A to the complaint, he will be disclosing his name.

Upon the disclosure, an amendment of your complaint may be filed to reflect the
name of the defendant.

20. How is service of summons on minor made?

Service shall be made on him personally and also on his guardian or person
exercising parental authority over him, but the court may order that service made ona
minor of 15 or more years of age shall be sufficient. (R14, S10)

21. How are summons and alias summons different ?

Essentially, they are the same.
The only time an alias summons is issued is when the original summons is lost,
destroyed, cannot be found, or returned unserved.

22. Can service of summons by publication allowed in case the action is one in
personam ?
Answer:Yes, because sec 16 used the phrase “in any action” which may apply
to an action in personam. (Rule 14 sec 16)

23. What is the effect of the voluntary appearance by the defendant?

Answer: The defendant's voluntary appearance in the action shall be equivalent
to service of summons.(Rule 14 sec 23)

24. X, the legal guardian of Y contends that the summon was not properly served as it
was received by Y, the defendant and a minor. Is the contention X proper?

Yes, the contention is proper.

 Under the Rules of Court, service of summons to minors 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.

The word ‘and’ in the provision that both the minor and the legal guardian must
be served summons. In this case, only Y was served the summon.
Hence, the summon was not properly served.

25. The sheriff went to Lisa’s residence and saw a young woman around 20s, Collei, at
the front yard of the house. When the sheriff learned from Collei that Lisa is not around,
he left the copy of summons to her. It turned out that Collei is a person with autism and
her mental age is around twelve (12) years old. Is there a valid service of summons?
(Rule 14, Sec. 6[a])

A: No. There was no valid of summons. One of the effective substituted service of
summons is 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. Here,
Collei has no capacity to act because of her mental age of minority. Hence, she cannot
be considered a person at least eighteen (18) years of age and incapable of sufficient
discretion.

26. Sheriff failed to serve the summons and copies of the complaint on any of the FGH
authorized officers, so he left the summons and copies to V who, according to the
sheriff’s return, was defendant’s office assistant. It turned out that V is working only as
an OJT. Is there a valid service of summons? (Rule 14, Sec. 6[b])

A: No. Although it is not necessary that the person in charge of the defendant’s regular
place of business be specifically authorized to receive the summons, it is enough that
he or she appears to be in charge. Under Sec. 16(b), a competent person includes one
who customarily receives correspondence for the defendant. Here, V, an OJT, cannot
be considered who customarily receives correspondence for the defendant because she
is working temporarily only. Moreover, V is not competent to receive the summons since
there is no employer-employee relationship between the defendant and V.

27. While respondent was in Japan, the service of summons was served upon a college
student residing at the dormitory who happen to pass by. It was indicated in the
complaint that respondent’s residence was the said dormitory in which he was the
dormitory administrator. Is there a valid service of summons upon respondent? (Rule
14, Sec. 6[a] & 17)

A: Yes. Residence, for purposes of summons, is not synonymous to domicile, but the
place where the person named in the summons is actually residing. Not being a
resident of the address where the summons was served, the substituted service of
summons is ineffective. There was an effective service of summons since the college
student was residing at the dormitory of the respondent, following the rules on
substituted service of summons under Sec. 6(a). Accordingly, the Court acquired
jurisdiction over the person of the respondent.

28. Loid entered into three contracts for the lease of his construction equipment to
implement the projects of the DPWH. DPWH Region III failed to pay its obligations
despite demands. Hence, Loid filed a complaint for Specific Performance with Damages
against DPWH, Region III. Summons was issued by the RTC with the Proof of Service
of the Sheriff. The RTC declared the DPWH Region III in default for failure to file a
responsive pleading within the reglementary period. The Republic, represented by the
OSG, filed a Petition for Annulment of Judgment with Prayer for the Issuance of a TRO
and/or a Writ of Preliminary Injunction arguing that it was not impleaded as an
indispensable party and that since no summons was issued to its representatives, the
court never acquired jurisdiction over the Republic. Is the Republic correct? (Rule 14,
Sec. 15)

A: Yes. The service of summons upon the DPWH Region III alone was insufficient. Sec.
15 states that 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. As correctly argued by the Republic, the
DPWH and its regional office are merely the agents of the former, which is the real party
in interest in the civil case. Thus, the summons should have been served on the OSG.

RULE 15
1. What are the prohibited motions?
Answer: 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;
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. (Section 12, Rule 15 of 2019 Amendments to the Rules
of Procedure)

2. Are all motions required to be in writing?

Answer: All motions shall be in writing except those made in open court or in the
course of a hearing or trial.
A motion made in open court or in the course of a hearing or trial should
immediately be resolved in open court after the adverse party is given the
opportunity to argue his or her opposition thereto.
When a motion is based on facts not appearing on record, the court may hear the
matter on affidavits or depositions presented by the respective parties, but the
court may direct that the matter be heard wholly or partly on oral testimony or
depositions. (Sec. 2, Rule 15)

3. What are the grounds for the dismissal of an action with prejudice?
Answer: The grounds for the dismissal of an action with prejudice are as follows:
a. cause of action is barred by a prior judgment or by the statute of
limitations
b. that the claim or demand set forth in the plaintiff’’ s pleading has been
paid, waived, abandoned or otherwise extinguished
c. that the claim on which the action is founded is unenforceable under the
provisions of the statute of frauds. (Section 13, Rule 15 of 2019
Amendments to the Rules of Procedure)

3. What are the kinds of motion under the Rules?

Answer: The kinds of motion under the rules are as follows, to wit:
 1) Motion ex-parte - is a motion made without the presence or a notification to
the other party because the question generally presented is not debatable.
2) Motion of course - It is a motion where the movant is entitled to the relief or
remedy sought as a matter of discretion on the part of the court.
3) Litigated Motion - It is a motion which is made with notice to the adverse
party to give an opportunity to oppose.
4) Non-litigated motion - It is a motion where notice to the adverse party and
hearing is not required.
5) Special motion - It is a motion which is addressed to the sound discretion of
the court.
6) Oral motion - It is a motion which is made in open court.
7) Written motion - It is a motion which is formally placed in writing. (Civil
Procedure A guide for the Bench and the BAR Book 1, 2020 Edition, Dean
Ferdinand A. Tan)

4. What are the contents of a motion?

Answer: A motion shall state the following, to wit
1) The relief sought to be obtained;
2) The grounds upon which it is based; and
3) If required by these Rules or necessary to prove facts alleged therein, shall be
accompanied by supporting affidavits and other papers. (Sec. 3, Rule 15 of the
2019 Amendments to the 1997 Rules on Civil Procedure)

5. What are the non-litigious motions under the amended rules?

Answer: The non-litigious motions under the amended rules shall include:
1) Motion for the issuance of an alias summons;
2) Motion for extension to file answer;
3) Motion for postponement;
4) Motion for the issuance of a writ of execution;
5) Motion for the issuance of an alias writ of execution;
6) Motion for the issuance of a writ of possession;
 7) Motion for the issuance of an order directing the sheriff to execute the final
certificate of sale; and
8) Other similar motions. Sec. 4, Rule 15 of the 2019 Amendments to the 1997
ales on Civil Procedure (A.M. No. 19-10-20)

6. What are the litigious motions under the amended rules?

Answer: Litigious motions under the amended rules 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. Sec. 5, Rule 15 of the 2019 Amendments to the 1997
Rules on Civil Procedure (A.M. No. 19-10-20)

7. What is the requirement in filing litigious motions?

Answer: 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. Sec. 5, Rule 15 of the 2019 Amendments to the 1997 Rules on Civil
Procedure (A.M. No. 19-10-20)

8. What is the remedy of the opposing party?

Answer: 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.

9. When to resolve the litigious motion?

Answer: The motion shall be resolved by the court:
1) Within fifteen (15) calendar days from its receipt of the opposition thereto; or
2) Upon expiration of the period to file such opposition.

10. What are the effects of failure to comply with Secs. 5 and 6 of Rule 15?
Answer: Failure to comply with the requirements mandated by Secs. 5 and 6 of
Rule 15 has the following effects:
1. It is considered as a mere worthless piece of paper;
2. The clerk of court has no right to receive;
3. The court has no right to act upon;
4. It is considered as a mere pro-forma motion;
5. It is considered as not filed;
6. It produces no legal effect;
7. It is a ground for the denial of the motion;
8. It presents no question which the court could decide;
9. It will not toll the running of prescriptive period to appeal or file pleadings.
(Douglas F. Anama vs. Philippine Savings Bank, G.R. No. 187021, January 25,
2012)

11. What is an omnibus motion?

Answer: Subject to the provisions of Section 1 of Rule 9, a motion attacking a
pleading, order, judgment, or proceeding shall include all objections then
available, and all objections not so included shall be deemed waived.

12. What is "Hypothetical Admission Rule" or "Assumption of Truth Rule"

Answer: When a motion to dismiss is filed, the material allegations of the
complaint are deemed to be hypothetically admitted. This hypothetical admission,
extends not only from the relevant and material facts well pleaded in the
complaint, [but also to inferences that may be fairly deduced from them. (The
Municipality of Hagonoy, Bulacan, et al. us. Hon. Simeon Dumdum, Jr., G.R. No.
168289, March 22, 2010)

13. What is litis pendentia or "Auter action pendant"?

Answer: Litis pendentia is a Latin term, which literally means "a pending suit"
and is variously referred to in some decisions as lis pendens and auter action
pendant. As a ground for the dismissal of a civil action, it refers to the situation
where two actions are pending between the same parties for the same cause of
action, so that one of them becomes unnecessary and vexatious. It is based on
the policy against multiplicity of suits. (Goodland Company, Inc. Us. Asia United
Bank, Abraham Co, Atty. Joel I. Pelicano and The Register of Deeds of Makati
City, G.R. No. 195561, March 14, 2012)

14. Distinctions between litis pendentia and res judicata?

Litis Pendentia
1. In litis pendentia, both cases have identical parties, subiect matter
and cause of action which are still pending;
2. In litis pendentia, the motion to dismiss can be filed in either of the
two (2) suits pending.
Res Judicata
1. In res judicata, one of the cases has already been decided with
finality on the merits
2. In res judicata, the first case which was decided bars the filing of a
second case and the motion to dismiss can be filed in the
subsequent case. (Civil Procedure A guide for the Bench and the
BAR Book 1, 2020 Edition, Dean Ferdinand A. Tan)

15. Is proof service necessary for a motion to be acted upon?

Answer: No written motion shall be acted upon by the court without proof of
service thereof, pursuant to Section 5(b) Rule 15 or the Rules of Court.

16. What is the purpose of the three-day notice rule?

The purpose of the rule on litigated motion is to apprise the other party of the
same and to prevent surprises. (R15)

17. P seeks to request M’s officers to witness as their initial and main
witnesses, and to present documents in M’s possession as part of their
principal documentary evidence under the Rule of Motion for Issuance of
Subpoena Duces Tecum Ad Testificandum. Is this proper?

No, this is improper.

Under the Rules, a party may, for good cause shown and to prevent a failure of
justice, be compelled to give testimony in court by the adverse party who has not
served written interrogatories.
P may not be allowed to present M’s officers, who are considered adverse
parties, based on the principle that corporations act only through their officers
and duly authorized agents as their main witnesses; nor may they be allowed to
gain access to M’s documentary evidence for the purpose of making it their own.
This is tantamount to building their whole case from the evidence of their
opponent. The burden of proof and evidence falls on petitioners, not on M.
P seek goes against the very principles of justice and fair play hence they may
not be allowed to do so. (Afulgencia vs Metrobank, G. R. No. 185145)

18. May the motion be heard on shorter notice?

Yes. The court may for good cause, hear a motion on shorter notice especially
on matters which the court may dispose of on its own motion (R15,S4)

19. Is notice of hearing on litigious motion discretionary?

Yes, The court may, in the exercise of its discretion, and if deemed necessary for
its resolution, call a hearing on the motion. (Section 6, Rule 15)

20. Respondent filed an opposition to the motion for reconsideration filed by the
petitioner spouses. The respondent alleged that the said motion for
reconsideration is a mere scrap of paper since it violated the three-day notice
requirement. The RTC issued an Order which denied the motion for
reconsideration, and pointed out that every motion required to be heard should
be served by the movant in such a manner as to ensure its receipt by the other
party at least three days before the date of hearing. Is the RTC correct? (Rule 15,
Sec. 6)

A: No. Under the 2019 Amendments of the Rules of Court, the court has
discretion to decide if a hearing is necessary for litigious motions. In other words,
not all litigious motions are subject to a hearing. The notice of hearing comes
 from the court, which means that the party-movant need not include a notice of
hearing in the motion. The notice of hearing, issued by the court, shall be
addressed to all parties concerned, and shall specify the time and date of the
hearing. The three-day notice requirement under the 1997 Rules has already
been removed.

21. The RTC-Quezon City issued an order granting said Applications and two
Search Warrants which were served by the NBI on the same day at the
respondent’s premises and articles or items described in the warrants were
seized. On its Motion for Reconsideration, it raised for the first time, the issue of
the impropriety of filing the Application for Search Warrant at the RTC-Quezon
City when the alleged crime was committed in a place within the territorial
jurisdiction of the RTC-Marikina City. Petitioner opposed the Motion for
Reconsideration, arguing that it was already too late for respondent to raise the
issue regarding the venue of the filing of the application for search warrant, as
this would be in violation of the Omnibus Motion Rule. RTC-Quezon City granted
respondent’s Motion for Reconsideration, thereby quashing the search warrants.
Is the Omnibus Motion Rule violated? (Rule 15, Sec. 8)

A: No. The motion to quash the search warrant which the accused may file shall
be governed by the omnibus motion rule, provided, however, that objections not
available, existent or known during the proceedings for the quashal of the
warrant may be raised in the hearing of the motion to suppress. Obviously, the
issue of the defect in the application was available and existent at the time of
filing of the motion to quash.

RULE 16
1. Distinctions between Motion to Dismiss (Rule 16) and Demurrer to Evidence
(Rule 33).
Answer: Motion to Dismiss
a) A motion to dismiss under Sec. 12, Rule 15, is an omnibus and a
litigious motion;
b) A motion to dismiss has four (4) grounds mentioned under Sec. 12,
Rule 15, namely lack of jurisdiction over the subject matter of the the
action, litis pendentia, rigl barred by prior judgment, and prescription;
 c) A motion to dismiss shall be filed before the filing of the responsive
pleading;
d) The remedy in case of denial of the motion to dismiss is to file an
answer within the balance of the period in which he is entitled but in no
case less than five (5) days, raised the same as an affirmative defense in
the trial, answer, proceed to trial, and in case of adverse decision appeal
the decision and raised the denial as assignment or error, unless the
denial is tainted with grave abuse of discretion hence, certiorari is a
remedy;
e) In case of granting of the motion to dismiss, the order of dismissal is
either with prejudice under Sec. 13, Rule 15;
f) The remedy of the plaintiff in case of granting of the motion to
dismiss is appeal if the dismissal is with prejudice (Sec. 13, (f) (h) and (m),
Rule 15 in relation to Sec. 1, Rule 41.

Demurrer to Evidence
a) A motion for demurrer to evidence under Rule 33 is a litigated motion;
b) A motion for demurrer to evidence the ground is insufficiency of
evidence that upon the facts and the law the plaintiff has shown no right of
relief;
c) A motion for demurrer to evidence shall be filed after the plaintiff has
rested its case;
d) The remedy in case of denial of the motion for demurrer to evidence,
the remedy for the defendant is to proceed with the trial, and in case of
adverse decision appeal the same;
e) In case of granting of the motion for demurrer to evidence the order of
dismissal is a final order since it is an adjudication on the merits;
f) The remedy of the plaintiff in case of granting of demurrer to evidence is
appeal the order being a final order and an adjudication upon the merits.

2. May the court defer the resolution of a motion due to non-indubitability of

the ground relied upon?

No. The Rules say that the court shall not defer the resolution of the motion for
the reason that the ground relied upon is not indubitable. (R16,S3).
 RULE 17
1. What is the effect of the dismissal due to fault of plaintiff?
Answer: 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. (Section 3, Rule 17 of 2019 Amendments
to the Rules of Procedure)

2. When can the court dismiss the case due to the fault of the plaintiff?
Answer: 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, based on
the following grounds:
1) If, for no justifiable cause, the plaintiff fails to appeal on the date of the
presentation of his or her evidence in chief on the complaint; or
2) Plaintiff fails to prosecute his or her action for an unreasonable length of time;
3) Failure to comply with these Rules or any order of the court. Sec. 3, Rule 17 of
the 2019 Amendments to the 1997 Rules on Civil Procedure (A.M. No. 19-10-20)

3. What are the requisites of Two-Dismissal Rule?

Answer: The Supreme Court, in several cases, held that the requisites to bar the
re-filing of a case based on the same cause of action, are: (1) There was a
previous case that was dismissed by a competent court; (2) Both cases were
based on or include the same claim; (3) Both notices for dismissal were filed by
the plaintiff; and (4) When the motion to dismiss filed by the plaintiff was
consented to by the defendant on the ground that the latter paid and satisfied all
the claims of the former.

4. How may a class suit dismissed or compromised?

A class suit shall not be dismissed or compromised without the approval of the
court (R17, S2)
5. Mora filed a suit for collection against Ning in the RTC. Aside from alleging
payment as a defense, Ning, in her answer, set up counterclaims for damages
and attorney’s fees as a result of the baseless filing of the complaint. Suppose
Ning’s counterclaim for the unpaid balance, what will happen to her
counterclaims if the court dismisses the complaint after holding a preliminary
hearing on Ning’s affirmative defenses? (Rule 17, Sec. 2 & 3)

A: The dismissal of the complaint does not involve the dismissal of the
counterclaims of Ning. The rule on the matter is clear. The dismissal of the
complaint shall be without prejudice to the prosecution in the same or separate
action of a counterclaim pleaded in the answer. The rule does not make a
distinction between a compulsory and permissive counterclaim. A similar rule
applies under Secs. 2 and 3, Rule 17.

6. A notice was issued setting the auction sale of the mortgaged properties.
Petitioners filed a complaint for the annulment of real estate mortgage over its
properties. EEX filed a motion to dismiss on the ground of lack of cause of action
but it was denied. EEEX then filed its answer. The petitioners failed to appear
twice during the pre-trial conference despite notice. Hence, the case was also
dismissed twice. After the last reconsideration, the case was once again
dismissed due to failure to prosecute. Petitioners appealed to the CA but it
affirmed the trial court’s dismissal. Is the dismissal proper? (Rule 17, Sec. 3)

A: Yes. Under Sec. 3, 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.

Petitioners themselves did nothing to get the case moving and set the case anew
for pre-trial even as EEX was already seeking their judicial ejectment with the
implementation of the writ of possession.

RULE 18
1. What is the effect of non-appearance in the pre-trial?
 Answer: The failure of the plaintiff and counsel to appear without valid cause
when so required, 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.
(Section 5, Rule 18 of 2019 Amendments to the Rules of Procedure)

2. What is included in the pre-trial order?

Answer: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.
(Section 7, Rule 18 of 2019 Amendments to the Rules of Procedure)

3. When is it allowed for the court to render judgment after pre- trial?
Answer:Should there be no more controverted facts, or no more genuine issue
as to any material fact or an absence of any issue, or should the answer fail to
tender an issue, the court shall. without prejudice to a party moving for judgment
on the pleadings under Rule 34 or summary judgment under Rule 35, motu
proprio include in the pre-trial order that the case be submitted for summary
judgment or judgment on the pleadings, without need of position papers or
memoranda. In such cases, judgment shall be rendered within ninety (90)
 calendar days from termination of the pre-trial. (Section 10, Rule 18 of 2019
Amendments to the Rules of Procedure)

4. What is Pre-Trial Conference?

Answer: It is a procedural device used prior to trial to narrow issues to be tried,
and to secure stipulations as to matters and evidence to be heard, and to take all
other steps necessary to and in the disposition of the case. Such conferences
between opposing attorneys may be called at the discretion of the court. The
actions taken at the conference are made the subject of an order which controls
the future course of action. (Fed R. Civil, p. 16)

5. Who may receive the evidence ex parte?

Answer: In ex-parte hearings, and in any case where the parties agree in writing,
the court may delegate the reception of evidence to its clerk of court who is a
member of the bar as mandated by Sec. 9, Rule 30.

6. When to file pre-trial brief?

Answer: 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. Sec. 6, Rule 18 of the 2019 Amendments to the
1997 Rules on Civil Procedure (A.M. No. 19-10-20)

7. What are the contents of a pre-trial brief?

Answer: Parties 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 obiect 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. Sec. 6, Rule 18 of
the 2019 Amendments to the 1997 Rules on Civil Procedure (A.M. No. 19-10-20)

8. What is the effect of failure to file pre-trial brief?

Answer: Failure to file the pre-trial brief shall have the same effect as failure to
appear at the pre-trial. Sec. 6, Rule 18 of the 2019 Amendments to the 1997
Rules on Civil Procedure (A.M. No. 19-10-20)

9. What are the purposes of the pre-trial?

Answer:
a) The possibility of an amicable settlement or of a submission to alternative
modes of dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or admissions of facts and of
documents to avoid unnecessary proof;
(d) The limitation of the number and identification of witnesses and the setting of
trial dates;
(e) The advisability of a preliminary reference of issues to a commissioner;
(f) The propriety of rendering judgment on the pleadings, or summary judgment,
or of dismissing the action should a valid ground therefor be found to exist;
(g) The requirement for the parties to:
1. Mark their respective evidence if not yet mark ed in the judicial affidavits
of their witnesses;
2. Examine and make comparisons of the adverse party's evidence vis-a-
vis the copies to be marked;
3. Manifest for the record stipulations regarding the faithfulness of the
reproductions and the genuineness and due execution of the adverse
party's evidence;
4. Reserve evidence not available at the pre-trial. but only in the following
manner;
i. For testimonial evidence, by giving the name or position and the
nature of the testimony of the proposed witness;
 ii. For documentary evidence and other object evidence, by giving a
particular description of the evidence.
No reservation shall be allowed if not made in the manner
described above.
(h) Such other matters as may aid in the prompt disposition of the action. (Sec. 2,
Rule 18)

10. Give three distinctions between a pre-trial in a criminal case and a pre-trial in a
civil case.
Answer: Three distinctions between a pre-trial in a criminal case and a pre-trial
in a civil case are as follows:
1. The pre-trial in a criminal case is conducted only “where the accused and
counsel agree" (Rule 118, Sec. 1): while the pre-trial in a civil case is
mandatory (Sec. 1 of former Rule 20; Sec. 1 of new Rule 18).
2. The pre-trial in a criminal case does not consider the possibility of a
compromise, which is one important aspect of the pre-trial in a civil case
(Sec. 1 of former Rule 20; Sec. 2 of new Rule 18).
3. In a criminal case, a pre-trial agreement is required to be reduced to
writing and signed by the accused and his counsel (See: Rule 118, Sec.
4); while in a civil case, the agreement may be contained in the pre-trial
order (Sec. 4 of former Rule 20; See 7 of new Rule 78).
11. What is the duty of the parties and counsel at the pre-trial?
Answer: Their duty is to appear at the trial (R18,S3)

12. AMD obtained from NCB a loan. PEF, which guarantees foreign loans
granted to any domestic entity, issued a letter of guaranty in favor of NCB as the
lending bank upon the request of AMD. AMD defaulted and upon demand, PEF
paid the obligation to NCB. PEF demanded that AMD and its President and Vice-
President to pay the obligation, but did not comply. Hence, it extra-judicially
foreclosed the real estate mortgage. However, PEF sued AMD, President and
Vice-President to recover for the deficiency since the proceeds of the foreclosure
sale were not sufficient to cover the guaranty. AMD, President and Vice-
President all sought the dismissal of the complaint. Is the liability of President
and Vice-President on the deficiency claim an admitted fact under the pre-trial
order? (Rule 18, Sec. 7)
A: No. The pre-trial order nowhere stated that the President and Vice-President
already admitted their liability on the petitioner's deficiency claim. Their admission
appearing in the pre-trial order referred only to the fact that they and AMD had
 received advances in large amounts from the petitioner, and that the real estate
mortgage securing the loan had already been foreclosed. The issues to be tried
between the parties shall be limited to those defined in the pre-trial order.
However, it is unavoidable that there are issues that are impliedly included or that
may be inferable from those listed by necessary implication which are as much
integral as those expressly listed.
13. Respondent filed a Complaint for damages against petitioner. Respondent
asked that the case be set for pre-trial. In a notice, the judge set the case for pre-
trial. The trial court issued an order requiring both petitioner and respondent to
appear in a mediation proceeding. The Order was also sent to respondent’s
former counsel, which had at that time already filed a notice of withdrawal of
appearance. The mediation proceedings took place as scheduled and the
mediator submitted her report to the Court stating therein that no action was
taken on the case referred for mediation because respondent failed to appear.
The trial judge dismissed the complaint of respondent for failure to appear at the
mediation conference. Is the failure of respondent to appear at the mediation is a
cause for the dismissal of the suit. (Rule 18, Sec. 5 & 8)
A: No. Since mediation is part of Pre-Trial, the trial court shall impose the
appropriate sanction including but not limited to censure, reprimand, contempt
and such sanctions as are provided under the Rules of Court for failure to appear
for pre-trial, in case any or both of the parties absent himself/themselves, or for
abusive conduct during mediation proceedings. In this case, respondent’s
original counsel was ineffectual as the same was sent at the time when such
counsel had already validly withdrawn its representation. Accordingly, the
absence of respondent during the scheduled mediation conference was
excusable and justified.

RULE 19
1. Who may intervene in an action?
Answer: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. (Section 1, Rule 19 of 2019 Amendments to the Rules
of Procedure)

2. When can a party intervene in an action?

 Answer: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. (Section 2, Rule 19 of
2019 Amendments to the Rules of Procedure)

3. What is intervention?
Answer: Intervention is a remedy by which a third party, not originally impleaded
in the proceedings, becomes a litigant therein for a certain purpose: to enable the
third party/to protect or preserve a right or interest that may be affected by those
proceedings. (Republic us. Sereno, G.R. No. 237428, May 11, 2018)

4. What is the effect of denial of intervention?

Answer: The intervenor is not entitled to notice because he did not become a
party. He has no personality in the case. (R19)

5. What are the requisites for an intervention by a non-party in an action pending in

court?
Answer: Under Sec. 1, Rule 19 of the Revised Rules of Court, the requisites for
intervention are: (1) legal interest in the matter in a controversy, or in the success
of either of the parties or against both; or (2) the party seeking intervention 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; (3) intervention will
not unduly delay or prejudice the adjudication of the rights or original parties; and
(3) Intervenor’s rights may not be fully protected in a separate proceedings.

6. What is the reckoning period to file an 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. (sec. 4, rule 19)

7. The trial court denied the respondents’ motion for intervention, filed on March 6,
2001, on the ground of the finality of the order of the RTC of Makati City, there
being no appeal or any other legal remedy perfected in due time by either the
petitioners or the respondents. Since the dismissal of the complaint was already
final and executory, the RTC of Taguig City can no longer entertain a similar
action from the same parties. The petitioners attempted to justify their failure to
file an action to have the orders of the RTC of Makati City annulled by explaining
that the respondents precluded them from doing so when the latter filed their
 complaint anew with the RTC of Taguig City on May 13, 2002. Are petitioners’
contention tenable? (Rule 19, Sec. 2)

A: No. Sec. 2 states that the motion to intervene may be filed at any time before
rendition of judgment by the trial court. It is clear that the respondents filed the
said complaint-in-intervention with the RTC of Taguig City more than a year after
the case was ordered dismissed by the RTC of Makati City. Aside from this, the
petitioners offered no other acceptable excuse on why they did not raise their
oppositions against the orders of the RTC of Makati City when they had the
opportunity to do so. Thus, the only logical conclusion is that the petitioners
abandoned their right to waive the defense of prescription.

RULE 20
1. What is the Rule on calendar of cases?
Answer: The clerk of court, under the direct supervision of the judge, shall keep
a calendar of cases for pre-trial, for trial, those whose trials were adjourned or
postponed, and those with motions to set for hearing. Preference shall be given
to habeas corpus cases, election cases, special civil actions, and those so
required by law. (Rule 20, Sec. 1, RROC)

2. How are cases assigned to the different branches of court?

Answer: The assignment of cases to the different branches of a court shall be
done exclusively by raffle. The assignment shall be done in open session of
which adequate notice shall be given so as to afford interested parties the
opportunity to be present. (Section 1, Rule 20 of 2019 Amendments to the Rules
of Procedure)
3. What cases shall court give preference in the calendar of cases.

The court shall give preference to habeas corpus cases, election cases, special
civil actions and those required by law (R20, S1)

RULE 21
1. Distinguish subpoena ad testificandum from subpoena duces tecum.
 Answer: Subpoena ad testificandum is issued 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. On the other hand, subpoena duces tecum requires a person to bring
with him or her any books, documents, or other things under his or her control.
(Sec 1, Rule 21)

2. Who may issue subpoenas?

Answer: The subpoena may be issued by -
(a) The court before whom the witness is required to attend;
(b) The court of the place where the deposition is to be taken;
(c) The officer or body authorized by law to do so in connection with
investigations conducted by said officer or body; or
(d) Any Justice of the Supreme Court or the Court of Appeals in any case or
investigation pending within the Philippines. (Section 2, Rule 21 of 2019
Amendments to the Rules of Procedure)

3. What are the contents of a subpoena?

Answer: 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 book s, documents or things demanded which must appear to
the court prima facie relevant. (Section 3, Rule 21 of 2019 Amendments to the
Rules of Procedure)
4. The children of X filed with the RTC an ex parte request for the issuance of a
subpoena ad testificandum to compel Z, O’s presumed mother, to testify in the
case. The RTC granted the motion but O moved to quash the subpoena,
claiming that it was oppressive and violated Section 25, Rule 130 of the Rules of
Court, the rule on parental privilege, she being Z's stepmother. Should O’s
motion to quash be granted?

No, the motion to quash should not be granted.

Under Rule 21, Section 4 of the Rules of Court, only a subpoena duces tecum,
not a subpoena ad testificandum, may be quashed for being oppressive or
unreasonable because it has a tendency to infringe on the right to privacy.

The subpoena ad testificandum to Z cannot be quashed in applying the courts

 rule.

Therefore, Z may be requested to be issued a subpoena ad testificandum.

Parental and filial privilege applies only to direct ascendants and descendants, a
family tie connected by a common ancestry. A stepdaughter has no common
ancestry from her stepmother. (Lee v. Court of Appeals, G.R. No. 177861)

5. When may a witness be not bound by a subpoena?

Answer: A witness is not bound to attend as such before any court, judge or
other officer if he resides more than 100km from his place of residence to the
place of the trial by the usual course of travel. (R21,S10)

6. May a prisoner who is sentenced to death, reclusion perpetua or life

imprisonment or confined in any penal institution be brought to court for
appearance?

As a rule, no, unless authorized by the Supreme Court (R21,S2)

7. When may a person be required to testify even if he was not served with a
subpoena?

Answer: A person present in court before a judicial officer may be required to

testify as if he were in attendance, upon a subpoena issued by the court or its
officer (R21,S17)

8. What is the duty of the judge or officer upon application for a subpoena to
a prisoner is made?

The judge or officer shall examine and study carefully such application to
determine whether the same is made for a valid purpose. (R21 S2)

9. How will you compel the witness to attend the deposition?

The attendance of witnesses may be compelled by the use of a subpoena as

provided in Rule 21.

10. When may a witness be not bound by a subpoena?

A witness is not bound to attend as such before any court, judge or other officer if
he resides more than 100km from his place of residence to the place of the trial
by the usual course of travel. (R21,S10)
11. Lin-Ren children filed a petition for the deletion from the certificate of live birth of
the petitioner Yuna Ren, one of Lin’s other children, the name Ren and replace
the same with the name Uy to indicate her true mother’s name. The Lin-Ren
children filed with the RTC an ex parte request for the issuance of a subpoena ad
testificandum to compel Uy, Yuna Ren’s presumed mother, to testify in the case.
The RTC granted the motion but Uy moved to quash the subpoena, claiming that
it was oppressive and violated the rule on parental privilege, she being Yuna
Ren’s stepmother. The RTC quashed the subpoena it issued for being
unreasonable and oppressive considering that Uy was already very old and that
the obvious object of the subpoena was to badger her into admitting that she was
Yuna Ren’s mother. Is the quashal of subpoena ad testificandum correct? (Rule
21, Sec. 4)

A: No. Citing Sec. 4, quashing a subpoena must be unreasonable and

oppressive, and proper for subpoena ad duces tecum or for the production of
documents and things in the possession of the witness, a command that has a
tendency to infringe on the right against invasion of privacy. Here, the ultimate
purpose of the Lin-Ren children’s action was that they would want Uy to testify or
admit that she is the mother of petitioner Yuna Ren. The Lin-Ren children have,
therefore, a legitimate reason for seeking Uy’s testimony and, normally, the RTC
cannot deprive them of their right to compel the attendance of such a material
witness.

RULE 22
1. What is the effect of interruption in the computation of time?
Answer: Should an act be done which effectively interrupts the running of the
period, the allowable period after such interruption shall start to run on the day
after notice of the cessation of the cause thereof. The day of the act that caused
the interruption shall be excluded in the computation of the period.
(Section 1, Rule 22 of 2019 Amendments to the Rules of Procedure)

2. What is the rule in case of computation of time?

Answer: In computing any period of time prescribed or allowed by these Rules,
or by order of the court, or by any applicable statute, the following rule shall be
observed:
 1) 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.
2) If the last day of the period, as thus 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. Sec. 2, Rule 22 of the 2019 Amendments to the 1997 Rules on
Civil Procedure (A.M. No. 19-10-20)
3. An application for amnesty by the petitioner was denied. Petitioner had until
December 7, 2002, a Saturday, within which to file a petition for review of the
said resolution with the Court of Appeals. On December 9, 2002, the petitioner
filed a motion in the appellate court for an extension of fifteen (15) days from
December 9, 2002, or until December 24, 2002 within which to file his petition.
December 24, 2002 was declared a national holiday; December 25, 2002 was
also a holiday. On December 26, 2002, the petitioner filed a second motion for
extension of fifteen (15) days from December 26, 2002 or until January 10, 2003,
within which to file his petition. The CA denied petitioner’s second motion for
having been filed out of time. The petitioner filed a motion for reconsideration
claiming that, since the last day to file his petition was a Saturday, December 7,
2002, and the next day, December 8, 2002 was a Sunday, the last day for filing
the petition was December 9, 2002. Is the motion timely filed by the petitioner?
(Rule 22, Sec. 1)
A: No. Unlike in Sec. 1, the extension granted by the CA should be tacked to the
original period and commences immediately after the expiration of such period.
The CA has no discretion to reckon the commencement of the extension it
granted from a date later than the expiration of such period, regardless of the fact
that said due date is a Saturday, Sunday, or a legal holiday.

RULE 23
1. When may a deposition pending action be taken?
Answer: Upon ex parte motion of a party, the testimony of any person, whether
a party or not, may be taken by deposition upon oral examination or written
interrogatories. The attendance of witnesses may be compelled by the use of a
subpoena as provided in Rule 21. Depositions shall be taken only in accordance
with these Rules. The deposition of a person confined in prison may be taken
only by leave of court on such terms as the court prescribes. (Sec 1, Rule 23)

2. Who are the persons before whom depositions are taken?

Answer:
 1. If within the Philippines, depositions may be taken before a:
a. Judge
b. Notary public, or
c. Any person authorized to administer oaths, as stipulated by the parties
in writing.

2. If in a Foreign state or country, depositions may be taken:

a. On notice before a secretary of embassy or legation, consul general,
consul, vice- consul, or consular agent of the Philippines
b. Before such person or officer as may be appointed by commission or
under letters rogatory, or
c. Any person authorized to administer oaths as stipulated by parties in
writing
(Section 10 and 11, Rule 23 of 2019 Amendments to the Rules of
Procedure)

3. Who are those disqualified from taking depositions?

Answer: No deposition shall be taken before a person who is:
1. A relative within the 6th degree of consanguinity or affinity, or
2. An employee or counsel of any of the parties, or
3. A relative within the same degree, or employee of such counsel, or
4. Any person financially interested in the action
(Section 13, Rule 23 of 2019 Amendments to the Rules of Procedure)

4. What is the effect of errors and irregularities in depositions?

Answer:The following are the effects of errors and irregularities in depositions:
(a) As to notice. - All errors and irregularities in the notice for taking a deposition
are waived unless written objection is promptly served upon the party giving the
notice.
(b) As to disqualification of officer. - Objection to taking a deposition because of
disqualification of the officer before whom it is to be taken is waived unless made
 before the taking of the deposition begins or as soon thereafter as the
disqualification becomes known or could be discovered with reasonable
diligence.
(c) As to competency or relevancy of evidence. - Objections to the competency of
a witness or the competency, relevancy, or materiality of testimony are not
waived by failure to make them before or during the taking of the deposition,
unless the ground of the objection is one which might have been obviated or
removed if presented at that time.
(d) As to oral examination and other particulars. - Errors and irregularities
occurring at the oral examination in the manner of taking the deposition, in the
form of the questions or answers, in the oath or affirmation, or in the conduct of
the parties and errors of any kind which might be obviated, removed, or cured if
promptly prosecuted, are waived unless reasonable objection thereto is made at
the taking of the deposition.
(e) As to form of written interrogatories. - Objections to the form of written
interrogatories submitted are waived unless served in writing upon the party
propounding them within the time allowed for serving succeeding cross or other
interrogatories and within three (3) calendar days after service of the last
interrogatories authorized.
(f) As to manner of preparation. - Errors and irregularities in the manner in which
the testimony is transcribed or the deposition is prepared, signed, certified,
sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer are
waived unless a motion to suppress the deposition or some part thereof is made
with reasonable promptness after such defect is, or with due diligence might
have been, ascertained. (Section 29, Rule 23 of 2019 Amendments to the Rules
of Procedure)

5. What is the effect of taking deposition?

Answer: A party shall not be deemed to make a person his or her own witness
for any purpose by taking his or her deposition. (Sec 7, Rule 23)

6. How does a party take the deposition of a person upon oral examination?
Answer: A party desiring to take the deposition of any person upon oral
examination shall give reasonable notice in writing to every other party to the
action. The notice shall state the time and place for taking the deposition and the
name and address of each person to be examined, if known, and if the name is
not known, a general description sufficient to identify him or her or the particular
class or group to which he or she belongs. On motion of any party upon whom
 the notice is served, the court may for cause shown enlarge or shorten the time.
(Sec 15, Rule 23)

7. What are the modes of discovery under the rules?

Answer: The modes of discovery are enumerated under Rules 23-28 as follows,
to wit:
a) Deposition pending action (Rule 23);
b) Deposition before action or Pending Appeal (Rule 24);
c) Interrogatories to parties (Rule 25);
d) Admission by adverse party (Rule 26);
e) Production or Inspection of documents or things (Rule 27); and
f) Physical and Mental Examination of persons. (Rule 28)

8. A sued B. A took the deposition of C, his intended witness. Later on A died,

he was substituted by his son D. When D attempted to use the deposition,
B objected on the ground that the one who took it was already dead, hence,
D cannot use it. Rule on the contention.

The contention of B is incorrect. Under the Rules,s the substitution of parties

does not affect the right to use depositions previously taken. (R23,S5)

9. When may taking of Deposition be terminated or its Scope limited?

Answer: When the court/RTC of the place where the deposition is being taken
may order the termination or the scope of the deposition limited

a. At any time during the taking of the deposition,

b. On motion or petition of any party or of the deponent,

c. Upon a showing that the examination is being conducted in bad faith or in

such manner, as unreasonably to annoy, embarrass, or oppress the deponent or
party. [Sec. 16, Rule 23]

10. How will you compel the witness to attend the deposition?

The attendance of witnesses may be compelled by the use of a subpoena as

provided in Rule 21. (R23 S1)
11. What is the limitation in the taking of deposition?

Answer: The examination should not cover matters which are considered
privileged in character. (Rule 23, section 2)

12. When deposition may be taken to a person confined in prison?

Answer:The deposition of a person confined in prison may be taken only by

leave of court on such terms as the court prescribes. (R23 S1)

13. May the testimony of a prosecution witness, who is imprisoned in a foreign

country due to drug-trafficking charges, against her illegal recruiters be taken by
way of deposition by written interrogatories?

A: Yes. In People v. Sergio (G.R. No. 240053, October 9, 2019), the Supreme
Court permitted the taking of the testimony of Mary Jane Veloso, who is presently
imprisoned in Indonesia, by way of deposition of written interrogatories. Although
the rule on deposition by written interrogatories is inscribed under Rule 23 of the
Rules on Civil Procedure, it may be applied suppletorily in criminal proceedings
so long as there is compelling reason.

14. Respondent alleged that she was the rightful owner of a parcel of land, which
was unlawfully transferred in the name of petitioner. Respondent filed a Motion to
Conduct Deposition Upon Oral Examination praying that the RTC issue an order
directing the DFA to assist her in the taking of her deposition and those of her
two witnesses at the Philippine Consular Office in New York City, USA which was
granted by the trial court. Respondent and her two witnesses were deposed
before the Vice-Consul of the Philippine Consulate in New York City. Petitioner
filed a Motion for Marking Additional Documentary Evidence as the transcripts of
her depositions, as well as those of her witnesses, had finally arrived. Petitioner
opposed the Motion on the ground that he was notified of the deposition-taking
after the same had already taken place. Is the deposition invalid? (Rule 23, Sec.
4[c][2])

A: No. The trial court did not commit any error in allowing the respondent to take
her deposition and those of her witnesses and in subsequently admitting the
same in evidence considering the allegations in the Motion that she and her
witnesses were residing in the United States. This situation is one of the
exceptions for its admissibility under Section 4(c)(2), Rule 23 of the Rules of
Court, stating that the witness resides at a distance more than one hundred (100)
kilometers from the place of trial or hearing, or is out of the Philippines, unless it
 appears that his or her absence was procured by the party offering the
deposition.

15. From the preceding question, should the opposition of the petitioner be granted?
(Sec. 29[a])

A: No. Sec. 29(a) states that "all errors and irregularities in the notice for taking a
deposition are waived unless written objection is promptly served upon the party
giving the notice." Contrary to petitioner's contention that the right to object came
into being only when respondents sought to introduce the transcripts in evidence,
petitioner should have objected to the perceived irregularity of the notice
immediately upon receipt thereof. Consequently, petitioner's objections to the
notice are already deemed waived.

16. ML filed a Complaint for Quieting of Title, Recovery of Possession, and Damages
against SF Corporation. SF filed with the RTC a notice to take deposition with a
request for the issuance of subpoena ad testificandum for the deposition through
oral examination of AM, and Atty. SP. SF filed an additional notice to take
deposition for the deposition through oral examination of DAR Usec. GE or his
representative. The RTC denied SF’s notices for having been filed without leave
of court. SF filed another notice to take deposition of AM, and Atty. SP or his
representative. ML opposed the notice because it lacked the specific purpose(s)
for the deposition. Is it necessary to state the purpose for taking deposition in the
notice to take deposition. (Rule 23, Sec. 15)

A: No. It is not necessary to state the purpose for taking deposition in the Notice
to Take Deposition. There is no provision in Rule 23 that requires the party
requesting for an oral deposition to state the purpose(s) of the deposition. The
only matters that have to be stated in the notice under Section 15 of Rule 23 are:
(1) the time and place for taking the deposition; (2) the name and address of
each person to be examined, if known, or if unknown; (3) a general description
sufficient to identify the person to be examined or the class or group to which he
belongs. The trial court cannot expand the requirements under Rule 23.
Therefore, it is not necessary SF to state the purpose for taking deposition in the
notice to take deposition.

RULE 24
1. May depositions be taken before filing an action?
 Answer: Yes, a person who desires to perpetuate his or her own testimony or
that of another person regarding any matter that may be cognizable in any court
of the Philippines, may file a verified petition in the court of the place of the
residence of any expected adverse party. (Sec 1, Rule 24)

2. What are the contents of a deposition taken before action or pending appeal?
Answer: The petition shall be entitled in the name of the petitioner and shall
show:
(a) that the petitioner expects to be a party to an action in a court of the
Philippines but is presently unable to bring it or cause it to be brought;
(b) the subject matter of the expected action and his or her interest therein;
(c) the facts which he or she desires to establish by the proposed testimony and
his or her reasons for desiring to perpetuate it;
(d) the names or a description of the persons he or she expects will be adverse
parties and their addresses so far as known; and
(e) the names and addresses of the persons to be examined and the substance
of the testimony which he or she expects to elicit from each, and shall ask for an
order authorizing the petitioner to take the depositions of the persons to be
examined named in the petition for the purpose of perpetuating their testimony.
(Section 2, Rule 24 of 2019 Amendments to the Rules of Procedure)

3. May depositions be taken pending appeal?

Answer: Yes, if an appeal has been taken from a judgment of a court, including
the Court of Appeals in proper cases, or before the taking of an appeal if the time
therefor has not expired, the court in which the judgment was rendered may
allow the taking of depositions of witnesses to perpetuate their testimony for use
in the event of further proceedings in the said court. (Sec 7, Rule 24)

RULE 25
1. How may a party serve interrogatories upon an adverse party?
Answer: Upon ex parte motion, any party desiring to elicit material and relevant
facts from any adverse parties shall file and serve upon the latter written
interrogatories to be answered by the party served or, if the party served is a
public or private corporation or a partnership or association, by any officer thereof
competent to testify in its behalf. (Sec 1, Rule 25)
2. What is the effect of failure to serve written interrogatories?
Answer:Unless thereafter allowed by the court for good cause shown and to
prevent a failure of justice, a party not served with written interrogatories may not
be compelled by the adverse party to give testimony in open court, or to give a
deposition pending appeal. (Section 6, Rule 25 of 2019 Amendments to the
Rules of Procedure)

3. May a party serve more than one set of interrogatories to the same party?
Answer: NO. No party may, without leave of court, serve more than one set of
interrogatories to be answered by the same party. (Section 4, Rule 25 of 2019
Amendments to the Rules of Procedure)

4. What is the effect of failure to serve written interrogatories?

Answer: A party not served with written interrogatories may not be compelled by
the adverse party to give testimony in open court, or to give a deposition pending
appeal. (Sec 6, Rule 25)

5. How are interrogatories used?

Interrogatories may be used for the same purpose as depositions. (R25,S5)

6. Under the Rules, who shall answer the written interrogatories?

1. The adverse party served, or

2. If the party served is a public or private corporation or partnership or
association, by any officer competent to testify (R25,S1).

7. State the effect if the party is not served with written interrogatories.

Such party may not be compelled by the adverse party to give testimony in open
court, or to give deposition pending appeal. (R25,S6).

8. Respondent filed a complaint for declaration of nullity of contract and damages

against petitioners. Mr. G’s cross-examination was suspended since petitioners
filed a request for issuance of subpoena duces tecum, which was granted by the
RTC on the same day. However, respondent manifested that it would file an
opposition and motion to quash the subpoena. Pending petitioners' opposition to
 respondent's motion to quash, petitioners filed its written interrogatories
addressed to respondent. The CA reversed the quashal of the subpoena duces
tecum and ad testificandum but upheld the disallowance of the written
interrogatories. May the CA disallow written interrogatories addressed to
respondent? (Rule 25, Sec. 16)

A: Yes. To be specific, Section 16 of Rule 23 of the Rules of Court clearly states

that, upon notice and for good cause, the court may order for a deposition not to
be taken. Clearly, the court shall exercise its judicial discretion to determine the
matter of good cause. Good cause means a substantial reason-one that affords
a legal excuse. In other words, it is for the court to determine whether there is a
substantial reason to disallow a deposition, as in this case. Thus, the grounds for
disallowing a written interrogatory are not restricted to those expressly
mentioned under the Rules of Court and existing jurisprudence.

Respondent showed good cause for the disallowance. As correctly ruled by the
CA, considering that the case is in the cross-examination stage already, the use
of written interrogatories will not serve its purpose anymore. It cannot aid in the
preparation and speedy disposition of the pending case. Instead, it will only
cause further delay in the proceedings.

RULE 26
1. How may a request for admission be made?

Answer: At any time after issues have been joined, a party may file and serve
upon any other party a written request for the admission by the latter of the
genuineness of any material and relevant document described in and exhibited
with the request or of the truth of any material and relevant matter of fact set forth
in the request. Copies of the documents shall be delivered with the request
unless copies have already been furnished. (Sec 1, Rule 26)

2. What is the effect of admission by adverse party?

Answer: Any admission made by a party pursuant to such request is for the
purpose of the pending action only and shall not constitute an admission by him
or her for any other purpose nor may the same be used against him or her in any
 other proceeding. (Section 3, Rule 26 of 2019 Amendments to the Rules of
Procedure)

3. May an admission under Rule 26 be withdrawn or amended?

Answer: Yes, the court may allow the party making an admission under this
Rule, whether express or implied, to withdraw or amend it upon such terms as
may be just. (Sec 4, Rule 26)

4. Mika filed a Supplemental Complaint for the Exercise of Right of Redemption and
Determination of Redemption Price, Nullification of Consolidation, Annulment of
Titles, with Damages, Plus Injunction and Temporary Restraining Order. After the
JMP filed its Answer but before the parties could proceed to trial, Mika filed a
Request for Admission by Adverse Party. Thereafter, the JMP filed its Comment.
Mika objected to the Comment reasoning that it was not under oath as required
by Section 2, Rule 26 of the Rules of Court, and that it failed to state the reasons
for the admission or denial of matters for which an admission was requested. Is
Mika correct? (Rule 26, Sec. 2)

A: No. DBP cannot be deemed to have impliedly admitted the matters set forth in
the Request for Admission for the mere reason that its Comment was not under
oath. That the Comment was not under oath is not a substantive, but merely a
formal defect which can be excused in the interest of justice conformably to the
well-entrenched doctrine that all pleadings should be liberally construed as to do
substantial justice. The filing of such Comment substantially complied with Rule
26.

RULE 27
1. When can production or inspection of documents or things be properly made?
Answer: Upon motion of any party showing good cause therefor, the court in
which an action is pending may:
(a) order any party to produce and permit the inspection and copying or
photographing, by or on behalf of the moving party, of any designated
documents, papers, book s, accounts, letters, photographs, objects or tangible
things, not privileged, which constitute or contain evidence material to any matter
involved in the action and which are in his or her possession, custody or control;
or
 (b) order any party to permit entry upon designated land or other property in his
or her possession or control for the purpose of inspecting, measuring, surveying,
or photographing the property or any designated relevant object or operation
thereon. The order shall specify the time, place and manner of making the
inspection and taking copies and photographs, and may prescribe such terms
and conditions as are just.
2. Petitioner filed a complaint for collection of sum of money against respondent.
During the trial, petitioner filed a motion for the production and inspection of
documents after learning that respondent already received proceeds of its Back-
end agreement with Alliance. The motion called for the inspection of all books of
accounts, financial statements, receipts, checks, vouchers, and other accounting
records. Respondent was only able to produce the billings and not all the other
documents. The Court chastised it for not exerting due diligence in procuring the
required documents and it ordered that those not produced shall be deemed
established in accordance with petitioner’s claim. Respondent filed a petition for
certiorari before the CA to nullify the two orders of the lower court. CA granted
the petition and ruled that the motion to produce and inspect failed to comply with
Sec. 1, Rule 27 of the Rules of Court. Is the CA correct?
A: Yes. A motion for production and inspection of documents should not demand
a roving inspection of a promiscuous mass of documents. The inspection should
be limited to those documents designated with sufficient particularity in the
motion, such that the adverse party can easily identify the documents he is
required to produce. Rule 27 of the Revised Rules of Court permits "fishing" for
evidence. The lament against fishing expedition no longer precludes a party from
prying into the facts underlying his opponent's case.
Here, petitioner’s motion was fatally defective and violates Sec. 1, Rule 27 due to
its failure to specify with particularity the documents it required respondent to
produce. Simply, the motion called for a blanket inspection, too broad and too
generalized in scope.
3. The plaintiff sued the defendant in the RTC to collect on a promissory note, the
terms of which were stated in the complaint and a photocopy attached to the
complaint and as an annex. Before answering, the defendant filed a motion for
an order directing the plaintiff to produce the original of the note so that the
defendant could inspect it and verify his signature and the handwritten entries of
the dates and amounts. Should the judge grant the defendant’s motion for
production and inspection of the original of the promissory note?
A: Yes. Upon motion of any party showing good cause, the court in which the
action is pending may order any party to produce and permit the inspection of
designated. The defendant has the right to inspect and verify the original of the
promissory note so that he could intelligently prepare his answer.
 RULE 28
1. When may a physical or mental examination of party may be ordered?
Answer: In an action in which the mental or physical condition of a party is in
controversy, the court in which the action is pending may in its discretion order
him or her to submit to a physical or mental examination by a physician. (Sec 1,
Rule 28)
The order for examination may be made only on motion for good cause shown
and upon notice to the party to be examined and to all other parties, and shall
specify the time, place, manner, conditions and scope of the examination and the
person or persons by whom it is to be made. (Sec 2, Rule 28)
2. What court has the power to issue an order for the physical and mental
examination of a party?

The court in which the action is pending may issue the order specifying the time,
place, manner, conditions, and scope of examination and the person or persons
by whom it is to be made. (R28,S1).

RULE 29
1. What is the effect of a party’s refusal to answer?
Answer: If a party or other deponent refuse to answer any question upon oral
examination, the examination may be completed on other matters or adjourned
as the proponent of the question may prefer. The proponent may thereafter apply
to the proper court of the place where the deposition is being taken, for an order
to compel an answer. The same procedure may be availed of when a party or a
witness refuses to answer any interrogatory submitted.
If the application is granted, the court shall require the refusing party or deponent
to answer the question or interrogatory and if it also finds that the refusal to
answer was without substantial justification, it may require the refusing party or
deponent or the counsel advising the refusal, or both of them, to pay the
proponent the amount of the reasonable expenses incurred in obtaining the
order, including attorney’s fees. (Section 1, Rule 29 of 2019 Amendments to the
Rules of Procedure)

2. When may a party be considered in contempt?

 Answer: If a party or other witness refuses to be sworn or refuses to answer any
question after being directed to do so by the court of the place in which the
deposition is being taken, the refusal may be considered a contempt of that
court. (Section 2, Rule 29 of 2019 Amendments to the Rules of Procedure)

3. Is the Republic of the Philippines required to pay expenses and attorney’s fees?
Answer: NO. Expenses and attorney’s fees are not to be imposed upon the
Republic of the Philippines under this Rule. (Section 6, Rule 29 of 2019
Amendments to the Rules of Procedure)

4. May a party be arrested if he or she refused to submit to a physical or mental

examination?
Answer: No, the Rules of Court provides that court may impose other penalties
to the disobedient party but the court cannot order his or her arrest. (Sec 3(d),
Rule 29)
5. Stella, stockholder of CHL filed a Motion for Production and Inspection of
Documents which includes: list of stockholders, all proxies, specimen signatures
of all stockholder and tape recordings of the stockholders' meeting. The
production, inspection and photocopying must be undertaken in the office
premises of CHL within reasonable business hours of a business day before the
pre-trial. Petitioners filed a motion for reconsideration; however, the Court denied
and ordered the immediate implementation of inspection and production of
documents. During the inspection, unreasonable excuses are given which shows
unwillingness to comply with the directive. The matter was reported to the trial
court, and the Court orders CHL to comply with the directive and failure to
comply with all the requirements will cite them in contempt and order petitioners
solidarily to pay a fine of P10,000.00 for every day of delay to comply with the
order. Can the Court contempt and fine the petitioners? (Rule 29, Sec. 3)
A: Yes. Under Section 3, Rule 29 of the Rules, if a party or an officer or
managing agent of a party refuses to obey an order to produce any document or
other things for inspection, copying, or photographing or to permit it to be done,
the court may make such orders as are just. The enumeration of options given to
the court under Section 3, Rule 29 of the Rules is not exclusive, as shown by the
phrase "among others." The penalty mentioned therein only serves as a reminder
to caution petitioners of the consequence of possible nonobservance of the long-
overdue order to produce and make available for inspection and photocopying of
the requested records/documents. In case of another failure or refusal to comply
with the directive, the court or respondent could formally initiate the indirect
contempt proceedings pursuant to the mandatory requirements of the Rules and
existing jurisprudence.
6. Tanya filed an action for reconveyance and declaration of nullity of titles and
damages before the RTC alleging that she is the lawful owner and actual
occupant of a parcel of land. Tanya then served upon the respondents and their
counsel two separate and different sets of written interrogatories. Thereafter,
Tanya and her counsel filed a joint omnibus motion primarily to compel the
respondents to fully and completely answer their written interrogatories.
Respondents however, failed to fully answer the written interrogatories both in
the principal action as well as in the third-party complaint. The RTC declared
respondents in default in accordance with Rule 29, Section 3 (c) of the Rules of
Court and rendered judgment in favor of Tanya. The CA reversed the decision of
the RTC. Is the reversal of CA correct?
A: Yes. The CA was correct in holding that the RTC erred in rendering a
judgment by default against the defendants for refusal or failure to answer written
interrogatories, without first requiring an application by the proponent to compel
an answer. This is the requisite procedure under Section 1 of Rule 29.

RULE 30
1. What law governs suspension of actions?
Answer:The suspension of actions shall be governed by the provisions of the
Civil Code and other laws. (Section 8, Rule 30 of 2019 Amendments to the Rules
of Procedure)

2. Who shall receive the evidence adduced by the parties?

Answer: The judge of the court where the case is pending shall personally
receive the evidence to be adduced by the parties. However, in default or ex
parte hearings, and in any case where the parties agree in writing, the court may
delegate the reception of evidence to its clerk of court who is a member of the
bar. (Section 9, Rule 30 of 2019 Amendments to the Rules of Procedure.)

3. May the clerk of court receive evidence?

Answer: Yes. In default or ex parte hearings, and in any case where the parties
agree in writing, the court may delegate the reception of evidence to its clerk of
court who is a member of the bar. The clerk of court shall have no power to rule
on objections to any question or to the admission of exhibits, which objections
shall be resolved by the court upon submission of his or her report and the
 transcripts within ten (10) calendar days from termination of the hearing. (Sec. 9,
Rule 30)

4. May the court adjourn or postpone a trial? What are the limitations?
Answer: Yes, the court may adjourn a trial from day to day, and to any stated
time, as the expeditious and convenient transaction of business may require, but
shall have no power to adjourn a trial for a longer period than one (1) month for
each adjournment, nor more than three (3) months in all, except when authorized
in writing by the Court Administrator, Supreme Court. (Sec 2, Rule 30)

5. May the parties submit the case for judgement base on the agreed facts involved
in the litigation?
Answer: Yes, the parties to any action may agree, in writing, upon the facts
involved in the litigation, and submit the case for judgment on the facts agreed
upon, without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial shall be held as to
the disputed facts in such order as the court shall prescribe. (Sec 7, Rule 30)

6. May the judge delegate the reception of evidence?

Answer: Yes, the judge of the court where the case is pending shall personally
receive the evidence to be adduced by the parties. However, in default or ex
parte hearings, and in any case where the parties agree in writing, the court may
delegate the reception of evidence to its clerk of court who is a member of the
bar. (Sec 9, Rule 30)

7. What is the rule on suspension of action?

Answer:The suspension of actions shall be governed by the provisions of the

Civil code (Rule 30 sec 8)

8. Respondent filed a petition for declaration of nullity of their marriage with RTC.
The RTC annulled the marriage. Petitioner moved for leave to file an Omnibus
Motion seeking a new trial or reconsideration, which was granted by RTC.
Petitioner was to present her first witness, but was postponed twelve times. The
RTC postponed the hearing for the last time with an order that the case shall be
submitted for decision if petitioner cannot present evidence on that date. On that
date, petitioner again moved to postpone, the reason being petitioner still in US.
The motion was denied. Petitioner moved to reconsider claiming that her
 absences were justifiable, but was denied. Petitioner went to CA via petition for
certiorari seeking to annul the RTC Orders on the ground of grave abuse of
discretion. The CA dismissed the petition. Is the denial of motion for
postponement justifiable? (Rule 30, Sec. 2)

A: Yes. It is the basic duty of a litigant to move for postponement before the day
of the hearing, so that the court could order its resetting and timely inform the
adverse party of the new date. This was not the case at bar for the subject
motion was presented only on the day of the trial without any justification. The
Court thus hold that the trial court did not abuse its discretion in denying the
motion for postponement.

9. J obtained loans from RCBC which required the former to execute trust receipts
and have respondents to act as sureties. For having failed to pay RCBC, demand
was made. K, being a surety, was liable only for a limited amount and he settled
it insofar as his amount was concerned. Having paid it, RTC dismissed the case
against him and left J. CA affirmed. RCBC argues that RTC should not have
admitted the evidence presented by K because it was not formally offered. The
Court ruled in favor of K and said that while no formal offer was made, it was
subject to the second exception, it being incorporated in the case. Can the
evidence of K be considered by the Court? (Rule 30, Sec. 6)

A: Yes. Courts cannot consider evidence which has not been formally offered
because parties are required to inform the courts of the purpose of introducing
their respective exhibits to assist the latter in ruling on their admissibility in case
an objection thereto is made. Without a formal offer of evidence, courts are
constrained to take no notice of the evidence even if it has been marked and
identified. This rule, however, admits of an exception, provided that the evidence
has been identified by testimony duly recorded and that it has been incorporated
in the records of the case.

In this case, the subject pieces of evidence were presented in support of

respondents’ motion for reconsideration of the denial of their motion to dismiss.
The pieces of evidence were thus identified, marked in evidence, and
incorporated in the records of the case. Clearly, the trial court correctly admitted
and considered the evidence of respondents warranting the dismissal of their
case.

10. SP filed a motion for extension, praying for an additional fifteen days to file its
memorandum. The RTC granted the motion. However, despite the grant of
extension, SP did not file the required memorandum. Instead, it filed the Motion
to Re-Open Case more than a month later. In its Motion to Re-Open Case, SP
 alleged that its witness, PC, had previously suffered a stroke that rendered her
indisposed to take the stand. The RTC, however, went on to decide the case
without acting on SP’s Motion to Re-Open Case. Did the RTC gravely abuse its
discretion in deciding the case despite the filing of the Motion to Re-Open Case?

A: No. The order of trial is governed by Rule 30, Section 5 of the Rules of Court,
with item (f) specifically governing the reopening of a case to introduce new
evidence. The introduction of new evidence even after a party has rested its case
may, therefore, be done but only if the court finds that it is for good reasons and
in the furtherance of justice. The admission is discretionary on the part of the
court.

The stroke suffered by PC was not a good reason to reopen the case. In its Pre-
Trial Brief, SP indicated the Register of Deeds as its other witness. It could have
very well presented the Register of Deeds first while PC recovered from her
stroke. Furthermore, while illness is a valid ground for postponing a hearing, it
does not appear that SP raised PC’s stroke as a ground to postpone its initial
presentation of defense evidence. The illness was only alleged in the Motion to
Re-Open Case filed more than three months after the scheduled presentation of
evidence. The excuse, therefore, appears to be an afterthought.

RULE 31
1. When is consolidation of actions allowed?
Answer: When actions involving a common question of law or fact are pending
before the court, it may order a joint hearing or trial of any or all the matters in
issue in the actions; it may order all the actions consolidated; and it may make
such orders concerning proceedings therein as may tend to avoid unnecessary
costs or delay. (Section 1, Rule 31 of 2019 Amendments to the Rules of
Procedure.)

2. What is the rule in conducting separate trials?

Answer: The court, in furtherance of convenience or to avoid prejudice, may
order a separate trial of any claim, cross-claim, counterclaim, or third-party
complaint, or of any separate issue or of any number of claims, cross[-]claims,
counterclaims, third-party complaints or issues. (Sec 2, Rule 31)
3. Oswald filed a complaint for ejectment in the MTC on the ground of non-payment
of rentals against Jamie. After two days, Jamie filed in the RTC a complaint
against Oswald for specific performance to enforce the option to purchase the
parcel of land subject of the ejectment case. What is the effect of Jamie’s action
on Doris' complaint?
A: There is no effect. The ejectment case involves possession de facto only. The
action to enforce the option to purchase will not suspend the action of ejectment
for non-payment of rentals.

RULE 32
1. Who may be a commissioner according to the Rules of Court?
Answer: As used in these Rules, the word commissioner includes a referee, an
auditor and an examiner. (Section 1, Rule 32 of 2019 Amendments to the Rules
of Procedure.)

2. What is the effect of failure of parties to appear before commissioner?

Answer: If a party fails to appear at the time and place appointed, the
commissioner may proceed ex-parte or, in his or her discretion, adjourn the
proceedings to a future day, giving notice to the absent party or his or her
counsel of the adjournment.
(Section 6, Rule 32 of 2019 Amendments to the Rules of Procedure.)

3. What is the rule of reference by consent?

Answer: By written consent of both parties, the court may order any or all of the
issues in a case to be referred to a commissioner to be agreed upon by the
parties or to be appointed by the court. As used in these Rules, the word
“commissioner” includes a referee, an auditor and an examiner. (Sec 1, Rule 32)

4. What are the powers of a commissioner?

Answer: When a reference is made, the clerk shall forthwith furnish the
commissioner with a copy of the order of reference. The order may specify or
limit the powers of the commissioner, and may direct him or her to report only
upon particular issues, or to do or perform particular acts, or to receive and report
evidence only, and may fix the date for beginning and closing the hearings and
 for the filing of his or her report. Subject to the specifications and limitations
stated in the order, the commissioner has and shall exercise the power to
regulate the proceedings in every hearing before him or her and to do all acts
and take all measures necessary or proper for the efficient performance of his or
her duties under the order. He or she may issue subpoenas and subpoenas
duces tecum, swear witnesses, and unless otherwise provided in the order of
reference, he or she may rule upon the admissibility of evidence. The trial or
hearing before him or her shall proceed in all respects as it would if held before
the court. (Sec 3, Rule 32)

5. What is the effect if a witness refused to obey the subpoena issued by the
commissioner?
Answer: The refusal of a witness to obey a subpoena issued by the
commissioner or to give evidence before him or her, shall be deemed a contempt
of the court which appointed the commissioner. (Sec 7, Rule 32)

6. May the parties file their objections to the findings indicated in the report of the
commissioner? Within what period may the parties file?
Answer: Yes, the parties may file their objections. Upon the filing of the report,
the parties shall be notified by the clerk, and they shall be allowed ten (10)
calendar days within which to signify grounds of objections to the findings of the
report, if they so desire. Objections to the report based upon grounds which were
available to the parties during the proceedings before the commissioner, other
than objections to the findings and conclusions therein set forth, shall not be
considered by the court unless they were made before the commissioner. (Sec
10, Rule 32)
7. What does the term commissioner include?

It includes a referee, an auditor, and an examiner. (R32, S1).

RULE 33
1. What is a demurer to evidence?
Answer: A demurer to evidence is a motion to dismiss filed by the defendant on
the ground that upon the facts and the law the plaintiff has shown no right to
relief. It is filed after the plaintiff has completed the presentation of his or her
evidence. (Sec 1, Rule 33)
2. If the demurer to evidence is denied, may it be a subject of an appeal or a
petition under Rule 65?
Answer: No, the Rules of Court provides that the order denying the demurrer to
evidence shall not be subject of an appeal or petition for certiorari, prohibition or
mandamus before judgment (Sec 2, Rule 33)
3. A complaint filed before SB by the petitioner thru PCGG for the recovery of ill-
gotten assets allegedly amassed by the individual respondents therein, during
the administration of the late President Ferdinand E. Marcos. V, was the
President and Chairman of the Board of Directors of the PNOC in which
respondent DB is V' s nephew. After the filing of the parties’ responsive
pleadings, trial on the merits ensued. Subsequently, upon the conclusion of its
presentation of evidence, petitioner Republic submitted its Formal Offer of
Evidence. Respondent DB filed his Demurrer to Evidence. SB finds that the
petitioner has failed to present sufficient evidence to prove that respondent DB is
liable for damages as averred in the complaint. Where the petitioner’s evidence
against respondent DB consists only of V's testimony and R' affidavit, no
preponderance of evidence has been satisfactorily established. The SB
dismissed the case. Is the dismissal correct?
A: Yes. In a demurrer to evidence, however, it is premature to speak of
"preponderance of evidence" because it is filed prior to the defendant's
presentation of evidence; it is precisely the office of a demurrer to evidence to
expeditiously terminate the case without the need of the defendant's evidence.
Hence, what is crucial is the determination as to whether the plaintiff's evidence
entitles it to the relief sought. The insinuations of petitioner in the instant Petition
can best be described as speculative, conjectural, and inconclusive at best.
Nothing in the testimony of V reasonably points, or even alludes, to the
conclusion that DB acted as a dummy or conduit of V in receiving address
commissions from vessel owners.
4. CBN Co. is the operator of several buses. One of the buses owned by CBN Co.
rammed upon a dump truck causing the instantaneous death of Rick, one of the
passengers of the ill-fated bus. Consequently, Morty, son of Rick, filed a
complaint against CBN Co. for damages. After Morty had rested his case, CBN
Co. filed a demurrer to evidence, contending that Morty's evidence is insufficient
because it did not show (1) that CBN Co. was negligent and (2) that such
negligence was the proximate cause of the collision. Should the court grant or
deny defendant's demurrer to evidence? (Rule 33, Sec. 1)
A: No. The court should not grant defendant’s demurrer to evidence. Under the
Rules of Court, after the plaintiff has completed the presentation of his evidence,
the defendant may move for dismissal on the ground that upon the facts and the
law the plaintiff has shown no right to relief. Here, Morty has shown that he is
entitled to the relief he is asking for. Proof that the defendant was negligent and
that such negligence Is the proximate cause of the collision is not required. Thus,
 without proof that CBN Co. has exercised extraordinary diligence, the
presumption of negligence stands.

RULE 34
1. When is judgment on the pleadings allowed?
Answer: Where an answer fails to tender an issue, or otherwise admits the
material allegations of the adverse partys pleading, the court may, on motion of
that party, direct judgment on such pleading. However, in actions for declaration
of nullity or annulment of marriage or for legal separation, the material facts
alleged in the complaint shall always be proved. (Section 1, Rule 34 of 2019
Amendments to the Rules of Procedure)
2. Penelope, owner of a residential house, entered into a lease agreement with
Callisto, which the latter subleased. Three months before the expiration of the
lease agreement, Penelope, alleging that Callisto violated the agreement that
she is terminating the lease. Thereafter, Callisto filed an action for damages
against Penelope. At the pre-trial, Penelope moved for the case to be submitted
for judgment on the pleadings considering that the only disagreement between
the parties was the correct interpretation of the lease contract. Callisto did not
object to the motion. The trial court rendered judgment in favor of Callisto. Is
judgment on the pleadings proper? (Rule 34, Sec. 2)
A: Yes. The trial court has the discretion to grant a motion for judgment on the
pleadings filed by a party if there is no controverted matter in the case after the
answer is filed. Penelope, in moving for a judgment on the pleadings without
offering proof as to the truth of her own allegations and without giving Callisto the
opportunity to introduce evidence, is deemed to have admitted the material and
relevant averments of the complaint, and to rest her motion for judgment based
on the pleadings of the parties.

RULE 35
1. When can a party move for a summary judgment?
Answer: A party seeking to recover upon a claim, counterclaim, or cross-claim or
to obtain a declaratory relief may, at any time after the pleading in answer thereto
has been served, move with supporting affidavits, depositions or admissions for a
summary judgment in his or her favor upon all or any part thereof.
(Section 1, Rule 35 of 2019 Amendments to the Rules of Procedure)
2. Spouses Forgers filed a petition for annulment before the CA to set aside the
decision by the RTC ordering the cancellation of their notice of lis pendens
recorded in a TCT. After the responsive pleadings to the petition were filed, the
CA scheduled the preliminary conference and ordered the parties to file pre-trial
brief. At the scheduled prelim conference, the spouses and their counsel didn’t
appear. CA rendered judgment dismissing the petition for annulment, wherein the
parties and their counsel should appear at the pre-trial. Failure to file a pre-trial
brief has the same effect as that of failure to appear at the pre-trial. Only at the
pre-trial that the Rules of Court allows the courts to render judgment on the
pleadings and summary judgment. Is the CA correct? (Rule 35, Sec. 1)
A: No. The filing of the motion for summary judgment may be done prior to the
pre-trial. Sec. 1, Rule 35 permits a party seeking to recover upon a claim,
counterclaim, or crossclaim or seeking declaratory relief to file the motion for a
summary judgment upon all or any part thereof in his favor (and its supporting
affidavits, depositions or admissions) at any time after the pleading in answer
thereto has been served.
3. After defendant has served and filed his answer to plaintiff’s complaint for
damages before the proper RTC, plaintiff served and filed a motion (with
supporting affidavits) for a summary judgment in his opposition (with supporting
affidavits) to the motion. After due hearing, the court issued an order (1) stating
that the court has found no genuine issue as to many material fact and thus
concluded that plaintiff is entitled to judgment in his favor as a matter of law
except as to the amount of damages recoverable, and (2) accordingly ordering
that the plaintiff shall have judgment summarily against defendant for such
amount as may be found due plaintiff for damages to be ascertained by trial in
the morning. May the defendant properly take an appeal from said order? (Rule
35, Sec. 4)
A: No. Plaintiff may not properly take an appeal from said order because it is an
interlocutory order and not a final and appealable order. It does not dispose of
the action or proceeding. Partial summary judgments are interlocutory. There is
still something to be done, which is the trial for the adjudication of damages but
the defendant may properly challenge said order thru a special civil action for
certiorari.

RULE 36
1. What is the rule in rendition of judgement?
Answer: A judgment or final order determining the merits of the case shall be in
writing personally and directly prepared by the judge, stating clearly and distinctly
 the facts and the law on which it is based, signed by him, and filed with the clerk
of the court. (Sec 1, Rule 36)

2. When is a judgment considered final and executory?

Answer: If no appeal or motion for new trial or reconsideration is filed within the
time provided in these Rules, the judgment or final order shall forthwith be
entered by the clerk in the book of entries of judgments. The date of finality of the
judgment or final order shall be deemed to be the date of its entry. The record
shall contain the dispositive part of the judgment or final order and shall be
signed by the clerk, with a certificate that such judgment or final order has
become final and executory. (Sec 2, Rule 36)

3. May a judgment be given against several defendants?

Answer: Yes, the Rules of Court provides that in an action against several
defendants, the court may, when a several judgment is proper, render judgment
against one or more of them, leaving the action to proceed against the others.
(Sec 4, Rule 36)

4. When may the court render separate judgements?

Answer: When more than one claim for relief is presented in an action, the court,
at any stage, upon a determination of the issues material to a particular claim
and all counterclaims arising out of the transaction or occurrence which is the
subject matter of the claim, may render a separate judgment disposing of such
claim. The judgment shall terminate the action with respect to the claim so
disposed of and the action shall proceed as to the remaining claims. (Sec 5, Rule
36)

5. What is the rule if judgment against entity without juridical personality is rendered
by the court?
Answer: When judgment is rendered against two or more persons sued as an
entity without juridical personality, the judgment shall set out their individual or
proper names, if known. (Sec 6, Rule 36)

6. May a court render separate judgment and enforce it?

Yes. It may render separate judgment at various stages, but if so rendered, the
court may stay its enforcement until the rendition of a subsequent judgment.
(R36,S5)
7. State the basic requirements if a judgment is rendered against an
association?

When a judgment is rendered against two or more persons sued as an

association, the judgment shall set out their individual or proper names, if
known. (R36,S6).

8. After Plaintiff in an ordinary civil action before the RTC has completed
presentation on his evidence, defendant without prior leave of court moved for
dismissal of plaintiff’s complaint for insufficiency of plaintiff’s evidence. After due
hearing of the motion and the opposition thereto, the court issued an order,
reading as follows: “The Court hereby grants defendant’s motion to dismiss and
accordingly orders the dismissal of plaintiff’s complaint, with the cost taxed
against him. It is so ordered.” Is the order of dismissal valid? (Rule 36, Sec. 1)

A: No. The order or decisions is void because it does not state findings of fact
and of law, as required by Sec. 14, Article VII of the Constitution and Section 1,
Rule 36 of the Rules of Civil Procedure. Being void, appeal is not available. The
proper remedy is certiorari under Rule 65.

9. In a complaint for recovery of real property, Ajax averred, among others, that he
is the owner of the said property by virtue of a deed of sale executed by Teucer
in his favor. In his unverified answer, Teucer denied the allegation concerning
the sale of the property in question, as well as the appended deed of sale, for
lack of knowledge or information sufficient to form a belief as to the truth thereof.
Is it proper for the court to render judgment without trial?
A: Yes. A judgment on the pleadings can be rendered by the court without need
of a trial. Defendant cannot deny the sale of the property for lack of knowledge
or information sufficient to form a belief as to the truth thereof. The answer
amounts to an admission. The defendant must aver or state positively how it is
that he is ignorant of the facts alleged. Moreover, the genuineness and due
execution of the deed of sale can only be denied by the defendant under oath
and failure to do so is an admission of the deed. Hence, a judgment on the
pleadings can be rendered by the court without need of a trial.

10. Petitioner R and his wife, E, were charged with Serious Physical Injuries. After
trial on the merits, the said court set the promulgation of judgment, but the same
was postponed due to petitioner’s filing of a motion to re-open the case on the
ground of non-presentation of a vital witness who could not be produced during
the trial proper. After Presiding Judge D was suspended, Acting MTC Judge A
 issued a resolution denying the motion to re-open. Acting MTC Judge A
promulgated the Decision of Judge D acquitting E but convicting the petitioner
as charged. Petitioner thereafter filed in the CA a supplemental petition to
declare the nullity of judgment, on the ground that the decision, having been
signed by Judge D, should have also been promulgated by him, and not by
Acting MTC Judge A. Petitioner also alleged that the decision is void since at the
time of the promulgation of the decision by Judge A, Judge D who signed the
subject decision has already retired from office. Is the petitioner correct?

A: Yes. A decision penned by a judge after his retirement cannot be validly

promulgated and cannot acquire a binding effect. In like manner, a decision
penned by a judge during his incumbency cannot be validly promulgated after
his retirement. When a judge retired all his authority to decide any case, i.e., to
write, sign and promulgate the decision thereon also “retired” with him. In other
words, he had lost entirely his power and authority to act on all cases assigned
to him prior to his retirement. In the instant case, therefore, Judge A could not
validly promulgate the decision of another judge, Judge D, who has long
“retired” from the service. The decision of Judge D, as promulgated by Judge A
is a void judgment.

RULE 37
1. What are the grounds for a motion for a new trial?
Answer: The grounds for motion for new trial are the following:
a. Fraud, accident, mistake or excusable negligence which ordinary
prudence could not have guarded against and by reason of which such
aggrieved party has probably been impaired in his rights; or
b. Newly discovered evidence, which he could not, with reasonable
diligence, have discovered and produced at the trial, and which if
presented would probably alter the result. (Sec 1, Rule 37)

2. What is the remedy of the aggrieved party against an adverse judgment?

Answer: The aggrieved party may move for reconsideration upon the grounds
that the damages awarded are excessive, that the evidence is insufficient to
justify the decision or final order, or that the decision or final order is contrary to
law. (Sec 1, Rule 37)
3. What must be the content of a motion for reconsideration?
Answer: A motion for reconsideration shall point out specifically the findings or
conclusions of the judgment or final order which are not supported by the
evidence or which are contrary to law, making express reference to the
testimonial or documentary evidence or to the provisions of law alleged to be
contrary to such findings or conclusions.
A pro forma motion for new trial or reconsideration shall not toll the reglementary
period of appeal. (Sec 2, Rule 37)

4. What is the effect of granting motion for reconsideration?

Answer: If the court finds that excessive damages have been awarded or that
the judgment or final order is contrary to the evidence or law, it may amend such
judgment or final order accordingly. (Sec 3, Rule 37)

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

Answer: If a new trial is granted, the original judgment or final order shall be
vacated, and the action shall stand for trial de novo; but the recorded evidence
taken upon the former trial, in so far as the same is material and competent to
establish the issues, shall be used at the new trial without retaking the same.
(Sec 6, Rule 37)

6. Can a party filed a second motion for new trial? Are there any exceptions?
Answer: No, a second motion for new trial is not allowed. A motion for new trial
shall include all grounds then available and those not so included shall be
deemed waived.
However, a second motion for new trial, based on a ground not existing nor
available when the first motion was made, may be filed within the time provided
by the Rules of Court excluding the time during which the first motion had been
pending. (Sec 5, Rule 37)
7. Is a second motion for reconsideration can be filed?
Answer: No party shall be allowed a second motion for reconsideration of a
judgment or final order. (Sec 5, Rule 37)

8. How to prove newly discovered evidence?

In proving the motion for the cause, shall be ;

 Supported by affidavits of the witness by whom such evidence is expected to be
given;

Supported by duly authenticated documents which are proposed to be introduced

in evidence. (Rule 37 sec 2)

9. What is Extrinsic Fraud?

Answer: It refers to any fraudulent act of the prevailing party in the litigation
which is committed outside of the trial of the case, whereby the unsuccessful
party has been prevented from exhibiting fully his case, by fraud or deception
practiced on him by his opponent.

10. What is Intrinsic Fraud?

Answer: Refers to the acts of a party at a trial that prevented a fair and just
determination of the case, but the difference (with extrinsic fraud) is that the acts or
things, like falsification and false testimony, could have been litigated and determined at
the trial or adjudication of the case (Pinausukan Seafood House v. Far East Bank &
Trust Co. G.R. No. 159926, January 20, 2014).

RULE 38
1. When may a party file a petition for relief from judgment, order, or other
proceedings?
Answer: When a judgment or final order is entered, or any other proceeding is
thereafter taken against a party in any court through fraud, accident, mistake, or
excusable negligence, he may file a petition in such court and in the same case
praying that the judgment, order or proceeding be set aside. (Sec 1, Rule 38)

2. What is the prescriptive period in filing a petition for relief from judgment?
Answer: A petition for relief must be filed within sixty (60) days after the
petitioner learns of the judgment, final order, or other proceeding to be set aside,
and not more than six (6) months after such judgment or final order was entered,
or such proceeding was taken; and must be accompanied with affidavits showing
the fraud, accident, mistake, or excusable negligence relied upon, and the facts
constituting the petitioner’s good and substantial cause of action or defense, as
the case may be. (Sec 3, Rule 38)
3. Explain the double period rule.
Answer: Section 3 of Rule 38 of the Rules of Court provides that the double
period rule is a rule for a petition for relief under Rule 38 must be verified, filed
within sixty (60) days after the petitioner learns of the judgment, final order, or
other proceeding to be set aside, and not more than six (6) months after such
judgment or final order was entered, or such proceeding was taken.

4. Is a Petition for relief under Rule 38 available against a judgment of the Court of
Appeals?
Answer: No. Petition for relief under Rule 38 is not available against a judgment
of the Court of Appeals. Petition for relief under Rule 38 can be filed only in the
trial courts.

5. Is the 60-day period reckoned from the time the petitioner learns of the judgment
or final order or from the time the petitioner learns of the finality of the judgment
or final order?
Answer: The 60-day period under Section 3 of Rule 38 of the Rules of Court
should be reckoned from the time the aggrieved party has knowledge of the
judgment or order sought to be set aside. For purposes of the 60-day period
under Section 3 of Rule 38, knowledge of the finality of the judgment or order is
irrelevant.
6. May an order denying the probate of a will still be overturned after the period to
appeal therefrom has lapsed? (Rule 38, Sec. 1 & 3)
A: Yes. An order denying the probate of a will may be overturned after the period
to appeal therefrom has lapsed. A petition for relief may be filed on the grounds
of fraud, accident, mistakes or excusable negligence within a period of sixty (60)
days after the petitioner learns of the judgment or final order and not more than
six (6) months after such judgment or final order was entered.

PRACTICAL APPLICATION
1. A Corporation, a corporation without registration from the SEC, filed a civil
action against Arya for damages. In her answer, Arya alleged that A Corp.
does not have the capacity to sue.

Does A Corporation have the capacity sue?

 Answer:
A Corporation cannot sue Arya.

Under Section 1, Rule 3 of the 2019 Rules on Civil Procedure, only natural or
juridical persons, or entities authorized by law may be parties in a civil action.

In this case, A Corporation is not considered as a juridical person absent its

registration from SEC because it is not incorporated under the Corporation Code.

2. Weasley siblings, alleging to be the grandchildren of the late Dumbledore,

filed an action for the recission of the contract of sale executed by the
latter in favor of Snape.

In his answer, Snape argued that the Weasley siblings are not real parties
in interest absent any showing that their mother, the alleged daughter of
Dumbledore, is already dead.

Are the Weasleys real party in interest?

Answer:
The Weasleys are not real party in interest.

Under Section 2, Rules 3 of the 2019 Rules on Civil Procedure, a real party in
interest is the party who stands to be benefited or injured by the judgment in the
suit, or the party entitled to the avails of the suit.

In this case, the Weasley siblings failed to show that they are the heirs of the late
Dumbledore or that they are suing based on their right of representation. There
was no allegation that successional rights already passed unto them.

3. Sansa and Jon borrowed P4,000,000.00 from Cersei. A promissory note

was executed by Sansa and Jon in a joint and several capacity. Sansa, who
received the money from Cersei, gave Jon P2,000,000.00. Jon, in turn,
loaned P1,000,000.00 out of the P2,000,000.00 he received to Bran.

In an action filed by Cersei against Sansa and Jon with the RTC of Quezon
City, can Sansa file a cross-claim against Jon for the amount of
P2,000,000.00?
 Answer:
Sansa can file a cross-claim against Jon.

Section 8, Rule 6 of the 2019 Rules on Civil Procedure provides that a cross-
claim is a claim filed by one party against a co-party arising out of the transaction
or occurrence that is the subject matter of the original action or a counterclaim
therein and may include a claim that the party against whom it is asserted is or
may be liable to the cross-claimant for all or part of a claim asserted against the
cross-claimant.

In this case, since the liability of Sansa and Jon are joint and several, Sansa can
file a cross-claim against Jon for the recovery of his share on the loan in the
amount of 2,000,000.00 pesos.

4. Olaf engaged the services of Atty. Elsa to represent him in a civil case filed
by Anna against him. A retainership agreement was executed between Olaf
and Atty. Elsa whereby Olaf promised to pay Atty. Elsa a retainer sum of
P2,400,000.00 a year and to transfer the ownership of a parcel of land to
Atty. Elsa after presentation of Olaf’s evidence.

Olaf did not comply with his undertaking. Consequently, Atty. Elsa filed a
case against Olaf. During the trial of this case, Olaf melted away and died.
Is the death of Olaf a valid ground to dismiss the money claim of Atty.
Elsa? Explain.

Answer:
The death of Olaf is not a valid ground to dismiss the civil case.

Under Sec. 20, Rule 3, 2019 Rules of Civil Procedure, when the action is for
recovery of money arising from contract, express or implied, and the defendant
dies before entry of final judgment in the court in which the action is pending at
the time of such death, it shall not be dismissed but shall instead be allowed to
continue until entry of final judgment.

Applying this in the case at bar, the action against Olaf should not be dismissed.
Instead, the case should continue subject to substitution by the heirs of Olaf.

5. Harry Potter is a resident of Manila, while George Weasley and Fred

Weasley are residents of Batangas City. They are the co-owners of a parcel
of residential land located in Quezon City with an assessed value of
 P10,000,000.00. Harry borrowed P1,00,000.00 from George which he
promised to pay on or before December 1, 2020. However, Harry failed to
pay his loan and he also rejected George’s and Fred’s proposal to partition
the property. George filed a complaint against the two in the RTC of
Quezon City for the partition of the property. He also incorporated in his
complaint his action against Harry for the collection of the latter's
P10,000,000.00 loan, plus interests and attorney's fees.

State with reasons whether it was proper for George to join his causes of
action in his complaint for partition in the RTC of Quezon City.

Answer:
It was not proper for George to join his causes of action against Harry in his
complaint for partition against Harry and Fred.

Under Section 5, Rule 2 of the 2019 Rules on Civil Procedure, joinder of action is
allowed, among others, if the joinder shall not include special civil actions or
actions governed by special rules.

In this case, the joinder is between a partition and a sum of money, Partition
being a special civil action under Rule 69, cannot be joined with other causes of
action.

6. Harry was declared in default by the RTC. Ron was allowed to present
evidence in support of his complaint. Photocopies of official receipts and
original copies of affidavits were presented in court, identified by Ron on
the witness stand and marked as exhibits. Said documents were offered
and admitted in evidence by the court on the basis of which the RTC
rendered judgment in favor of Ron, pursuant to the relief prayed for. Upon
receipt of the judgment, Harry appealed to the Court of Appeals claiming
that the judgment is not valid because the RTC based its judgment on mere
photocopies and affidavits of persons not presented in court. Is the
defendant's claim valid?

Answer:
The claim of defendant is not valid.

Under Section 3, Rule 9 of the 2019 Rules of Civil Procedure, after a defendant
is declared in default, the court shall proceed to render judgment granting the
claimant such relief as his pleading may warrant, unless the court in its discretion
 requires the claimant to submit evidence. In addition, a party in default shall be
entitled to notices of subsequent proceedings but shall not to take part in the
trial.

In this case, Harry was declared in default. One of the consequences is that he
cannot take part in the trial, consequently he cannot question the reception of
evidence. In addition to this, reception of evidence is not mandatory. Hence,
even absent such evidence, the court may still render its judgment.

7. Darth Vader filed with the Regional Trial Court of Laguna a complaint for
damages against Luke. During the pretrial, Luke and his counsel failed to
appear despite notice to both of them.

Upon oral motion of Darth Vader, Luke was declared as in default and Darth
Vader was allowed to present his evidence ex parte. Thereafter, the court
rendered its Decision in favor of Darth Vader. Luke hired Obiwan as his
counsel.

What are the remedies available to him? Explain.

Answer:
Remedy after notice of order and before judgment - 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 and properly show that (a) the failure
to answer was due to fraud, accident, mistake, or excusable negligence
(FAMEN), and (b) he has a meritorious defense contained in an affidavit of merit.

Remedy after judgment and before judgment becomes final and executory -
If the judgment has already been rendered when the defendant discovered the
default, but before the same has become final and executory, he may file a
motion for new trial under Sec. 1 (a), Rule 37 on the following grounds: fraud,
accident, mistake, or excusable negligence (FAMEN) which ordinary prudence
could not have guarded against and by reason of which such aggrieved party
has probably been impaired in his rights.

Remedy after the judgment becomes final and executory - The defendant
may file a petition for relief from Judgment under Sec. 1, Rule 38 on the following
grounds: When a judgment or final order is entered, or any other proceeding is
thereafter taken against a party in any court through fraud, accident, mistake, or
 excusable negligence, he may file a petition in such court and in the same case
praying that the judgment, order or proceeding be set aside.

8. For failure of BB8 to file an answer within the reglementary period, the
Court, upon motion of R2D2, declared BB8 in default. In due time, BB8 filed
an unverified motion to lift the order of default without an affidavit of merit
attached to it. BB8 however attached to the motion his answer under oath,
stating in said answer his reasons for his failure to file an answer on time,
as well as his defenses.

Will the motion to lift the order of default prosper?

Answer:
Yes, there is substantial compliance with the rule.

Under Section 3(b), Rule 9 of the 2019 Rules of Civil Procedure, 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 this case, although the motion is unverified, the answer attached to the motion
is verified. The answer contains what the motion to lift the order of default and
the affidavit of merit should contain, which are the reasons of movant’s failure to
answer as well as his defenses. (Citibank, N.A. v. Court of Appeals, 304 SCRA
679)

9. Obiwan filed with the Regional Trial Court, Quezon City a complaint for
specific performance against Lord Sith. For lack of certification against
forum shopping, the judge dismissed the complaint. Obiwan's lawyer filed
a motion for reconsideration, attaching thereto an amended complaint with
the certification against forum shopping.

If you were the judge, how will you resolve the motion?

Answer:
If I were the judge, I will deny the motion.

As expressly provided in Section 5, Rule 7 of the Rules of Civil Procedure, failure

to comply with the requirement of forum shopping is not curable by mere
 amendment of the complaint or other initiatory pleading, but shall be cause for
the dismissal of the case, without prejudice, unless otherwise provided

10. After filling his complaint with the RTC of Manila but before an answer was
served to him, Harry decided to amend his complaint. As his lawyer, should
you file an amendment with leave of court?

Answer:
No, the amendment is without leave of court.

Under Section 2, Rule 10 of the 2019 Rules of Civil Procedure, a party may
amend his or her pleading once as a matter of right at any time before a
responsive pleading is served.

In this case, the amended is matter of right since Harry was not served any
responsive yet. Thus, being an amended as a matter of right, leave of court is
not necessary.

11. Carisi filed a complaint before the RTC of Quezon City for collection of sum
of money based on a loan and an ejectment case against Olivia. Is there a
proper joinder of cause of action? Why?

Answer:
There was no proper joinder of causes of action.

Under Section 5, Rule 2 of the Revised Rules of Court, a joinder of cause of

action is proper when the following are present, to wit: (1) The party joining the
causes of action shall comply with the rules on joinder of parties; (2) The joinder
shall not include special civil actions or actions governed by special rules; (3)
Where the causes of action are between the same parties but pertain to different
venues or jurisdictions, the joinder may be allowed in the Regional Trial Court
provided one of the causes of action falls within the jurisdiction of said court and
the venue lies therein; and (4) Where the claims in all the causes of action are
principally for recovery of money, the aggregate amount claimed shall be the test
of jurisdiction.

In this case, the second condition was not complied with. A suit for ejectment is a
special civil action governed by special rules. Hence, there was not proper
joinder of causes of action.
12. Ginny brought an action against her husband Harry for annulment of their
marriage on the ground of psychological incapacity. Harry filed his Answer
to the Complaint admitting all the allegations therein contained. May Ginny
move for judgment on the pleadings? Explain.

Answer:
No, Ginny cannot move for a judgment on the pleadings.

A judgment on the pleadings is proper when the answer fails to tender an issue
or otherwise admits the material allegation. In Section 1, Rule 34 of the Revised
Rules of Court, it states that in actions for declaration of nullity or annulment of
marriage or for legal separation, the material facts alleged in the complaint shall
be proved.

In this case, admission by Harry of all the allegations in the complaint will not
result on a judgment on the pleadings since the action is one for annulment of
marriage. The parties, with the intervention of the state through the prosecution,
will proceed to trial to prove the allegations in the complaint and to ensure that
there was no collusion between Harry and Ginny.

13. In a complaint for recovery of real property, the Iron man averred that he is
the owner of the Lot 3000 by virtue of a deed of sale executed by the
Captain America in his favor. The copy of the deed was attached in the
complaint.

In his unverified answer, the Captain Ameria denied the allegation

concerning the sale of the property in question, as well as the deed of sale,
for lack of knowledge or information sufficient to form a belief as to the
truth thereof. Is it proper for the court to render judgment without trial?
Explain.

Answer:
Yes, the court may render a judgment on the pleadings.

Under the Rule 34 of the Revised Rules of Court, a judgment on the pleadings is
proper when the answer fails to tender an issue or otherwise admits the material
allegation.

In this case, Captain America failed to deny under oath the genuineness and due
execution of the Deed of Sale which amount to an admission. As a result of such
admission, there is no longer any issue because the deed of sale proves the
transfer of ownership from Captain America to Iron man of Lot 3000.
14. Black Widow filed a complaint for a sum of money against Groot with the
MeTC-Makati, the total amount of the demand, exclusive of interest,
damages, attorney's fees, litigation expenses, and costs, being
P10,000,000. In due time, defendant filed a motion to dismiss the complaint
on the ground of the MeTC's lack of jurisdiction over the subject matter.

After due hearing, the MeTC order the dismissal of the complaint for lack of
jurisdiction. Was the dismissal proper? Explain

Answer:
Yes, the dismissal was proper.

Under B.P. Blg. 129, as amended, the MeTC’s jurisdiction over personal actions
should not exceed 2,000,000.00 pesos. Once it exceeds that amount, jurisdiction
will fall under the RTC.

In this case, the MeTC-Makati did not have jurisdiction over the case because
the total amount of the demand exclusive of interest, damages, attorney's fees,
litigation expenses, and costs, was 10,000,000.00 pesos. Hence, the dismissal
was proper.

15. After filling his being served with the answer of Iron man, Peter Parker
decided to amend his complaint. As his lawyer, should you file an
amendment with leave of court?

Answer:
Yes, the amendment is with leave of court.

Under Section 2, Rule 10 of the Revised Rules of Court, a party may amend his
or her pleading once as a matter of right at any time before a responsive
pleading is served. On the other hand, Section 3 of the same Rule provides that
any amendment which is not a matter right should be with leave of court.

In this case, Peter Parker was already served an answer when he decided to
amend his complaint. Hence, the amendment, not being a matter of right, should
be with leave of court.

16. After filling his being served with the answer of Iron man, Peter Parker
decided to amend his complaint and filed it in court on October 20, 2022
 and was admitted on November 23, 2022. When is the reckoning of period
for the filing of an answer?

Answer:
The reckoning period for filing an answer is on November 23, 2022.

Under the Revised Rules of Court, the reckoning period of filing an answer to an
amended complaint is on the date of the order admitting such complaint.

17. After an answer has been filed, can the plaintiff amend his complaint, with
leave of court, to confer jurisdiction on the court?

Answer:
No, amendment of a complaint to confer jurisdiction is prohibited.

Under Section 3, Rule 10 of the Revised Rules of Court states that, amendment
by leave of court shall be refused if it appears to the court that the motion was
made to confer jurisdiction on the court.

18. On May 7, 2022, the Thor filed a complaint in the RTC of Quezon City for the
collection of sum of money in the amount of 1,800,000.00 pesos. The
defendant, Loki, filed a motion to dismiss the complaint on the ground that
the court has no jurisdiction over the action since the claimed amount of
21,800,000.00 pesos is within the exclusive jurisdiction of the Metropolitan
Trial Court, of Quezon City.

Before the court could resolve the motion, Thor, without leave of court,
amended his complaint to allege a new cause of action consisting in the
inclusion of an additional amount of 200,000.00 pesos, thereby increasing
his total claim to P2,000,000.000. Thor thereafter filed his opposition to the
motion to dismiss, claiming that the RTC had jurisdiction, over his action.
Rule on the motion of Loki.

Answer:
The motion to dismiss should be denied.

Settled in the jurisprudence that a motion to dismiss is not a responsive pleading

but rather an omnibus motion. In relation to this, Section 2, Rule 10 of the
 Revised Rules of Court provides that a pleader may amend his pleading as a
matter of right before the other party has served his responsive pleading.

In this case, the court, in allowing the amendment and denying the motion to
dismiss, would not be acting without jurisdiction because allowing an amendment
as a matter of right does not require the exercise of discretion.

19. During trial, plaintiff was able to present, without objection on the part of
defendant in an ejectment case, evidence showing that plaintiff served on
defendant a written demand to vacate the subject property before the
commencement of the suit, a matter not alleged or otherwise set forth in
the pleadings on file. Is there a need to amend the pleadings to conform
with the rules of evidence? Explain.

Answer:
Amendment of the pleadings is not necessary.

Section 5, Rule 10 of the Revised Rules of Court states that “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.

In this case, the defendant did not object to the presentation of the written
demand despite the fact that it was not alleged on the pleadings of the case. The
written demand is treated as if it had been raised in the pleadings. Hence,
amendment is not necessary.

20. As counsel for the Parker siblings, Atty. Strange prepared a complaint for
recovery of possession of a parcel of land against Pepper Potts.

Before filling the complaint, Atty. Strange discovered that his clients were
not available to sign the certification of non-forum shopping. To avoid
further delays in the filing of the complaint, Atty. Strange signed the
certification and immediately filed the complaint in court. Is Atty. Strange
justified in signing the certification?

Answer:
Atty. Strange is not justified in signing the certification against non-forum
shopping.
 Under Section 5, Rule 7 of the Revised Rules of Court, the plaintiff or principal
party shall certify under oath in the complaint or other initiatory pleading
asserting a claim for relief, or in a sworn certification annexed thereto and
simultaneously filed therewith a certification against non-forum shopping. In
several cases, the Supreme Court explained that the reason behind this rule it
the requirement personal knowledge by the party executing the certification,
unless there is compelling reason for doing so.

In this case, the certification against non-forum shopping was signed by Atty.
Strange. This is in direct violation of Section 5, Rule 7 of the Revised Rules of
Court. Atty. Strange did not provide any reason as to why he was not able to
obtain the signatures of the Parker siblings. Hence, his action is unjustified.

21. Pepper filed a suit for damages against Tony.

In his answer, Tony incorporated a counterclaim for damages against

Pepper and Happy (counsel for plaintiff in said suit). The counterclaim
alleged Happy, as such counsel, maliciously induced Pepper to bring the
suit against him despite Happy's knowledge of its utter lack of factual and
legal basis. Is the counterclaim of Tony compulsory or not?

Answer:
The counterclaim of Tony is compulsory.

Section 7, Rule 6 of the Revised Rules of Court provides that a counterclaim is

compulsory if it is one which arises out of or is connected with the transaction or
occurrence constituting the subject matter of the opposing party's claim and does
not require for its adjudication the presence of third parties of whom the court
cannot acquire jurisdiction.

In this case, the counterclaim filed by Tony arises out of or is connected with the
suit for damages filed by Pepper against him, without which, the counterclaim will
not exist. Hence, it is a compulsory counterclaim.

22. Pepper filed a suit for damages against Tony.

In his answer, Tony incorporated a counterclaim for damages against

Pepper and Happy (counsel for plaintiff in said suit). The counterclaim
alleged Happy, as such counsel, maliciously induced Pepper to bring the
suit against him despite Happy's knowledge of its utter lack of factual and
legal basis.
 In due time, Happy filed a motion to dismiss the counterclaim as against
him on the ground that he is not a proper party to the case, he being merely
plaintiff’s counsel. Rule on the motion to dismiss the counterclaim.

Answer:
The motion to dismiss of Happy should be denied.

Section 12, Rule 6 of the Revised Rules of Court states that “when the presence
of parties other than those to the original action is required for the granting of
complete relief in the determination of a counterclaim or cross-claim, the court
shall order them to be brought in as defendants, if jurisdiction over them can be
obtained.”

In this case, Tony is authorized by the said Rule to bring new parties. Here, the
counterclaim was against both the Pepper and Happy, his lawyer, who allegedly
maliciously induced the latter to file the suit.

23. Arya files a complaint in the RTC of Quezon Cirt for the recovery of a sum
of money with damages against Gendry.

Gendry files his answer denying liability under the contract of sale and
praying for the dismissal of the complaint on the ground of lack of cause of
action. He alleged that the contract of sale was superseded by a contract of
lease, executed and signed by them two weeks after the contract of sale
was executed. The contract of lease was attached to the answer.

Arya does not file a reply. What is the effect of the non-filing of a reply?

Answer:
The non-filing of a reply by Arya is an admission of the genuineness and due
execution of contract of lease.

Under Section 10, Rule 6 of the Revised Rules of Court, a reply is a pleading,
the office or function of which is to deny, or allege facts in denial or avoidance of
new matters alleged in, or relating to, said actionable document. In relation to
this, Section 8, Rule 8 states that when an action or defense is founded upon a
written instrument, 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.
24. Sansa files an action in the Municipal Trial Court against Jon, the natural
son of her father, for rescission of contract which involving a consideration
of 200,000 pesos. Jon moves to dismiss the action on the ground that the
case would have been brought in the RTC because the action is one that is
not capable of pecuniary estimation. Resolve the motion.

Answer:
The motion should be granted.

An action is incapable of pecuniary estimation when the primary relief sought not
based on a claim for sum of money or claim of title or interest in real property.
Under B.P. Blg. 129, as amended, the RTC has jurisdiction over actions
incapable of pecuniary estimation.

In this case, the action is for rescission of a contract which is incapable of

pecuniary estimation. Hence, the jurisdiction falls within the RTC.

25. Rickon, a resident of Manila, sued Theon before the Regional Trial Court
(RTC) of Manila to recover the ownership and possession of a parcel of
land in Quezon City. Theon raised the affirmative of the complaint on the
ground of improper venue. Should the trial court dismiss the case?

Answer:
The complaint should be dismissed.

According to Section 1, Rule 4 of the Revised Rules of Court, actions affecting

title to or possession of real property, or interest therein, shall be commenced
and tried in the proper court which has jurisdiction over the area wherein the real
property involved, or a portion thereof, is situated.

Applying the Rule in the given facts, an action for recovery of ownership and
possession of a parcel of land is a real action as it involves title and interest in a
real property. Being a real action, the venue is on the place where the property is
located.

26. Rickon, a resident of Manila, sued Theon before the Regional Trial Court
(RTC) of Manila to recover the ownership and possession of a parcel of
land in Quezon City. Theon filed an answer without raising the affirmative
defense of improper venue.
 When the case was submitted for decision, Theon moved for the dismissal
of the complaint on the ground of improper venue. Rule on the motion.

Answer:
The motion to dismiss should be denied.

Under the Section 12, Rule 8 of the Revised Rules of Court, affirmative defense
of improper venue should be raised in the answer and not on a motion to
dismiss. Failure to raise it constitute a waiver of such defense.

In this case, Theon is deemed to have waived his right to question the venue of
the action for his failure to raise it on his answer.

27. Rickon, a resident of Manila, sued Theon before the Regional Trial Court
(RTC) of Manila to recover the ownership and possession of a parcel of
land with the assessed value of 400,000.00. If you are the counsel for
Theon, what will be you advise him?

Answer:
I will advise him to file a motion to dismiss for lack of jurisdiction over the subject
matter.

Under B.P. Blg. 129, as amended, the RTC has jurisdiction for actions involving
title to or interest in any real property if the assessed value of the said property
exceeds 400,000.00 pesos.

In this case, the assessed value of the real property involved is exactly
400,000.00 pesos which falls under the jurisdiction of the MTC.

28. Jaime extended to Bron a P500,000.00 loan covered by a promissory note.

Later, Bron obtained another P1,000, 000.00 loan from Jaime covered by
another promissory note. Still later, Bron obtained a P3,000, 000.00 loan
secured by a real estate mortgage on his land.

Bron defaulted on his payments when the loans matured. Despite demand
to pay the all the loans amount to 4,500, 000.00 pesos, Bron refused to pay.
Jaime, applying the totality rule, filed with the Regional Trial Court (RTC) of
Manila, a collection suit for 4,500, 000.00 pesos. Did Jaime correctly apply
the totality rule and the rule on joinder of causes of action?
 Answer:
Yes, the totality rule was correctly applied.

Under Section 5, Rule 2 of the Revised Rules of Court, where the claims in all
the causes of action are principally for recovery of money, the aggregate amount
claimed shall be the test of jurisdiction.

In this case, the action, being principally for recovery of sum of money, the test of
jurisdiction is the aggregate amount of all claim, that is 4,500,000.00 pesos.
Hence, the Regional Trial Court (RTC) of Manila has jurisdiction over the suit. At
any rate, it is immaterial that one of the loans is secured by a real estate
mortgage because the Jaime opted to file a collection of sum of money instead
of foreclosure of the said mortgage.

29. Anna was declared in default but before judgment was rendered, she
decided to file a motion to set aside the order of default. What should Anna
state in her motion in order to justify the setting aside of the order of
default?

Answer:
Under Section 3, Rule 9 of the Revised Rules of Court, in order to justify the
setting aside of the order of default, Anna should state in her motion that her
failure to answer was due to fraud, accident, mistake or excusable negligence
and that she has a meritorious defense (Sec. 3(b) Rule9).

30. Darth filed against Obiwan an action for rescission of a contract for the
sale of a commercial lot. After having been told by the wife of Obiwan that
her husband was out of town and would not be back until after a couple of
days, the sheriff requested the wife to just receive the summons in behalf
of her husband. The wife acceded to the request, received the summons
and a copy of the complaint, and signed for the same. Was there a valid
service of summons upon Obiwan? Explain your answer briefly.

Answer:
No, there was no valid service of summons upon Obiwan.

Under Section 6, Rule 14 of the Revised Rules of Court, before substituted

service may be resorted to, there must be at least three (3) attempts on two (2)
different dates to serve the summons personally.
Here there were no such diligent efforts on the part of the sheriff since he
effected substituted service on his very first try. Hence, there was no valid
service of summons upon Buboy