Civil Procedure - Jo Valles

Ateneo de Manila University
Reviewer in Law school is tough enough as it is. Let’s lift each

other up. A candle loses nothing by lighting another
CIVIL PROCEDURE candle.
---
It’s not about the big things that you do the week or
the night before the exams, but the little things that
you do patiently and consistently every day.
Joanne Marie R. Valles, CPA
Julia Camille V. Real - Joval
References:
1. 1997 Revised Rules of Civil Procedure
2. AM-07-7-12-SC PAY IT FORWARD.
3. Civil Procedure: The Bar Lecture Series by Willard B. Riano (2019)
4. Remedial Law Compendium by Regalado
BASIC PRINCIPLES ad majorem dei gloriam CIVIL PROCEDURE
PRELIMINARIES Lucero, 81 Phil. 640 invasion of rights and inexpensive process, and the speedy disposition of the cases.
violations of duties and by Neypes v CA
1. Basic concepts
prescribing rules as to how suits
2. Rule-making power of the SC are filed, tried and decided by Power to suspend. The Court has the power and prerogative
a. Power to amend and suspend the courts. to suspend its own rules and to exempt a case from their
b. Limitations on the rules of court As applied to criminal law, As applied to criminal law, operation if and when justice requires it. Procedural rules
c. Rules of Court vis-à-vis rule-making powers substantive law is that remedial law provides or were conceived to aid the attainment of justice. If a stringent
d. Retroactivity of rules which declares what acts regulates the steps by which
application of the rules would hinder rather than serve the
e. Liberal construction are crimes and prescribes one who commits a crime is to
demands of substantial justice, the former must yield to the
3. Judicial power the punishment for be punished.
committing them. latter. Sumbilla v Matrix Finance Corporation
a. Power to adjudicate justiciable controversies
b. Power to determine GADALEJ
Major aspects of remedial law. Limitations on the rule-making power of the SC
c. No power to review wisdom of Congress
a. Civil procedure 1. The rules shall provide a simplified and inexpensive
4. Nature of PH Courts
b. Criminal procedure procedure for the speedy disposition of cases
a. Courts of law and equity
c. Special proceedings 2. They shall be uniform for all courts of the same grade
b. Distinction between a court and a judge
d. Evidence 3. They shall not diminish, increase, or modify
c. Classes of courts
substantive rights
5. Doctrine of hierarchy of courts
Scope of civil procedure
a. Ordinary civil actions (Rules 1-56) Rules of court vis-à-vis SC’s rule-making powers
Basic concepts
b. Provisional remedies (Rules 57-61) Rules of Court has reference to the body of rules governing
Concept of Remedial Law. Remedial Law is that branch of
c. Special civil actions (Rules 62-71) pleading, practice, and procedure promulgated by the SC
law which prescribes the method of enforcing rights or
pursuant to its rule-making powers under the Constitution.
obtaining redress for their invasion.
Rule Making Power of the Supreme Court
Section 5 (5), Art. VIII of the 1987 Constitution Section 2, Rule 1, Rules of Court. In what courts
Source of remedial law. The ROC, promulgated by the
The Supreme Court shall have the power to promulgate rules applicable. These Rules shall apply in all the courts, except
Supreme Court, constitutes the main source of remedial law in
concerning the protection and enforcement of constitutional as otherwise provided by the SC.
the PH. However, it is not the only source. Rules of procedure
may come from circulars and administrative issuances of the rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal Section 3, Rule 1, Rules of Court. Cases governed. These
SC. Procedural rules are also embodied in some provisions of
assistance to the underprivileged. Such rules shall provide a Rules shall govern the procedure to be observed in actions,
the PH Constitution and in some statutes passed by the
simplified and inexpensive procedure for the speedy 1. civil or
legislature.
disposition of cases, shall be uniform for all courts of the 2. criminal and
same grade, and shall not diminish, increase, or modify 3. special proceedings.
Substantive law v Remedial law
Substantive Law Remedial Law substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless Civil action. A civil action is one by which a party sues
Substantive law creates, Remedial law prescribes the
defines and regulates rights methods of enforcing those disapproved by the Supreme Court. another for the enforcement or protection of a right, or the
and duties regarding life, rights and obligations created prevention or redress of a wrong.
liberty or property which by substantive law by providing Power to amend. SC has the sole prerogative to amend, • A civil action may either be ordinary or special. Both
when violated gives rise to a procedural system for repeal, or even establish new rules for a more simplified and are governed by the rules for ordinary civil actions,
a cause of action (Bustos v. obtaining redress for the
1 Last revision: 08 June 2020 JO VALLES. JULIA REAL
subject to the specific rules prescribed for a special apply only by analogy or in a suppletory character, as merits and not on the technicalities. Regulus Development Inc
civil action. when there is a need to attain substantial justice and v De la Cruz
an expeditious, practical, and convenient solution to a
Criminal action. A criminal action is one by which the State labor problem. Sime Darby Employees Association v But liberal interpretation is still the exception. The zealous
prosecutes a person for an act or omission punishable by law. NLRC observance of the rules is still the general course of action as
it serves to guarantee the orderly, just, and speedy disposition
Special proceeding. A special proceeding is a remedy by Retroactivity of rules of cases. Ben Line Agencies Philippines, Inc.
which a party seeks to establish a status, a right, or a particular • Invocation of substantial justice is not a magical
fact. General rule, retroactive. Rules of procedure may be made incantation that will automatically compel the court to
applicable to actions pending and undetermined at the time of suspend procedural rules. Such rules are not to be
Section 4, Rule 1, Rules of Court. In what case not their passage and are deemed retroactive in that sense and to belittled or dismissed simply because their non-
applicable. These Rules shall not apply to: that extent. PCI Leasing and Finance, Inc observance may have resulted in prejudice to a party’s
substantial rights.
N.I.C.O.L.E Exception. The rule on retroactivity does not apply:
1. election cases, a. Where the statute itself of by necessary implication Judicial Power
2. land registration, provides that pending actions are excepted from its 1987 Constitution Art. VIII, Section 1
3. cadastral, operation; The judicial power shall be vested in one Supreme Court and
4. naturalization and b. If applying the rule to pending proceedings would in such lower courts as may be established by law.
5. insolvency proceedings, and impair vested rights;
6. other cases not herein provided for, c. When to do so would not be feasible or would work Judicial power includes the duty of the courts of justice:
except by analogy or in a suppletory character and whenever injustice; or 1. to settle actual controversies involving rights which
practicable and convenient. d. If doing so would involve intricate problems of due are legally demandable and enforceable, and
process or impair the independence of the courts. Tan 2. to determine whether or not there has been a grave
Not totally prohibited. The use of the Rules is not totally v CA abuse of discretion amounting to lack or excess of
prohibited in the cases enumerated above. The Rules may jurisdiction on the part of any branch or
apply by analogy or in a suppletory character and whenever Liberal interpretation instrumentality of the Government.
practicable and convenient.
Section 6, Rule 1, Rules of Court. Construction. These 2-fold judicial power. Based on the foregoing constitutional
Rules also not applicable before admin bodies. The rules of Rules shall be liberally construed in order to promote their provision, the judicial power vested in the courts is two-fold:
procedure imposed in judicial proceedings are unavailing in objective of securing a just, speedy and inexpensive 1. Power to adjudicate justiciable controversies or
cases before administrative bodies. They are not bound by the disposition of every action and proceeding. disputes
technical niceties of law and procedure and the rules obtaining 2. Power to determine GADALEJ on the part of any
in the courts of law. Department of Agrarian Reform v Uy Substantive rights are the primordial consideration. The branch or instrumentality of the government
• Rules not applicable to COMELEC. Even the rule is that courts should not be unduly strict on procedural
COMELEC, a quasi-judicial body, is not bound to lapses that do not really impair the proper administration of Note: But the courts do not have the power to look into the
adhere to the technical rules of procedure, Reyes v justice. The higher objective of procedural rules is to ensure wisdom of the statutes.
COMELEC that the substantive rights of the parties are protected.
• Rules not applicable to labor cases. Technical rules Litigations should, as much as possible, be decided on the Power to adjudicate justiciable controversies or disputes
of procedure are not applicable in labor cases but may
By constitutional fiat, judicial power operates only when there was (1) to give defeated presidential or vice-presidential of the BOD, giving the BOD the discretionary power to
is an actual case or controversy. candidate the legal right to contest judicially the election of terminate the GM at any time for any cause. The BOD of
the P-elect and VP-elect; and (2) to give the SC an additional Leyte Water District then passed a resolution removing
Actual case or controversy. Jurisprudence provides that an original jurisdiction of an exclusive character over the subject Paloma from his office as General Manager. This led Paloma
actual case or controversy is one which involves a conflict of matter. to file an action for Mandamus to be restored to his position.
legal rights, an assertion of opposite legal claims, susceptible This was dismissed because mandamus lies only to compel
of judicial resolution as distinguished from a hypothetical or No creation of new court. RA 1793 did not create a new or ministerial duties and not discretionary ones, as in this case.
abstract difference or dispute. separate court. It merely conferred to the SC additional
functions. The court is only one, although the functions may Courts will not look into the wisdom of the law. One of the
Power to determine grave abuse of discretion on the part be distinct or separate. firmly entrenched principles in constitutional law is that the
of any branch or instrumentality of the government courts do not involve themselves with nor delve into the
Does not offend separation of powers. This does not run policy or wisdom of a statute, because it is the concern of the
Only to government agencies and offices. Briefly stated, afoul to the doctrine of separation of powers because the legislative branch. When the validity of a statute is challenged
courts of justice determine the limits of power of the agencies power of the Congress is of an entirely different nature from on constitutional grounds, the sole function of the court is to
and offices of the government as well as those of its officers. the jurisdiction vested in the PET—the Congress merely acts determine whether it transcends the limits of legislative
In other words, the judiciary is the final arbiter on the question as a national board of canvassers, charged with the ministerial power. No such transgression has been shown in this case.
whether or not a branch of government or any of its officials and executive duty to make the declaration of winner based on
has acted without jurisdiction or in excess of jurisdiction, or the election returns duly certified by the provincial and city Nature of Philippine Courts
so capriciously as to constitute an abuse of discretion board of canvassers; the PET on the other hand, has the
amounting to excess of jurisdiction or lack of jurisdiction. judicial power to determine WON the said duly certified Courts of law and equity
election returns have been irregularly made or tampered with, Philippine courts are courts of both law and equity. Hence,
Lopez v Roxas or reflect the true result of the elections in the areas covered, both legal and equitable jurisdictions are dispensed with in the
Lopez and Roxas were the main contenders for the Office of and if not, to recount the ballots cast, and incidental thereto, same tribunal. US v Tamparong
the VP in the1965 elections. Lopez won. Roxas filed a protest pass upon the validity of each ballot.
before the PET, which was created by RA 1793. Lopez filed Courts of Law Courts of Equity
an action for prohibition with preliminary injunction agaisnt Power to review the wisdom of statute Any tribunal duly Any tribunal administering
Roxas to prevent the PET [composed by members of SC] administering the laws of justice outside the law,
from hearing and deciding the election contest, on the ground No power to look into the wisdom; but the courts may look the land being ethical rather than
that the law creating the Tribunal is unconstitutional because at the legality of an action. The Court has the right to review jural and belonging to the
Congress may not, by law, authorize an election contest for P acts of Congress and, by extension, actions of the president. If sphere of morals rather than
and VP, the constitution being silent thereon. of law.
the Court finds that the law is unconstitutional, it can overrule
the law. The Constitution is the supreme law of the land and It is grounded on precepts of
Ruling: Judicial power is the authority to settle actual that the Supreme Court has the final say over the meaning of conscience and not on any
controversies involving rights which are legally demandable the Constitution. Marshall wrote, “it is the province and duty sanction of positive law, for
and enforceable. Its exercise requires legislative action (1) of the judicial department to say what the law is.” equity finds no room for
defining such enforceable and demandable rights and application where there is
prescribing remedies for violations thereof; and (2) Paloma v Mora law
determining the court with jurisdiction to hear and decide said Section 23 of PD 198 or the Provincial Water Utilities Act Decides a case according to Adjudicates a controversy
controversies or disputes. The effect therefore of RA 1793 provides that the general managers shall serve at the pleasure the promulgated law according to the common

precepts of what is right and circumstances that would affect on their own jurisdiction to decide on their own
just without inquiring into the judge and to take cognizance of all jurisdiction and can only try
the terms of the statutes kinds of cases, unless cases permitted by statute.
Pamintuan v Llorente otherwise provided by the
When the Court relaxes the A complaint before the CFI of Pampanga presided by Judge law or Rules.
strict application of the rules Llorente was filed against Pamintuan. When Judge Llorente A court may also be Those which have only a
where strong considerations was later on transferred to another court pursuant to Act No. considered ‘general’ if it has special jurisdiction for a
of justice are manifest, the the competence to exercise particular purpose or are
2347, Pamintuan filed an action for mandamus to compel
court is said to be in the jurisdiction over cases not clothed with special powers
Llorente to continue hearing his case until its conclusion. He
exercise of its equity falling within the for the performance of
jurisdiction. invoked the provision that says All cases pending decision in
jurisdiction of any court, specified duties beyond
the present CFI at the time the Act takes effect shall remain tribunal, person or body which they have no
Equity is justice outside the law; when equity does not under the jurisdiction of said courts. Pamintuan argues that exercising judicial or quasi- authority of any kind.
apply. Equity is not to be applied in all cases. It does not the words judge and court are used interchangeably and judicial functions.
apply where there is a law applicable to a given case. Bell Co therefore the case should remain under Judge Llorente’s Example: Regional Trial Example: Municipal trial
v CA jurisdiction. Courts Courts, Juvenile and
Domestic Relations Courts
• Equity is applied only in the absence of, and never
against, statutory law or juridical rules of procedure. Courts and judges are different. Another provision in the
same law provides that the present judges shall vacate their Courts of Original and Appellate Jurisdiction
David-Chan v CA
positions. While in ordinary parlance the terms are used
interchangeably, there is an important legal distinction. The Courts of Original Courts of Appellate
Distinction between court and judge
court as an entity may exist without a person occupying the Jurisdiction Jurisdiction
position of a judge. The judge may become disqualified, but it Those courts in which, Courts which have the power
Court Judge under the law, actions or to review on appeal the
does not destroy the court, because it only means that there is
Court. An organ of the A judge is simply an proceedings may decisions or orders of a lower
government belonging to the officer of such tribunal no judge to act in the court. Clearly, courts and judges are
different. It could not have been intended by the legislature to originally be commenced court
judicial department the function MeTCs, MCTCs and
of which is the application of vacate the courts.
MTCs are courts of
the laws to controversies original jurisdiction
brought before it as well as Classes of courts
without appellate
public administration of justice. 1. Courts of general and special jurisdiction jurisdiction.
2. Courts of original and appellate jurisdiction RTC is likewise a court of But RTC is an appellate court
A court is a tribunal officially 3. Courts of exclusive and concurrent jurisdiction original jurisdiction with with respect to cases decided
assembled under authority of 4. Superior and inferior courts respect to cases originally by MTCs within its territorial
law 5. Constitutional and statutory courts filed with it. jurisdiction.
A court is a being in A judge is a physical
CA is a court of original CA is primarily a court of
imagination comparable to a person
Courts of General and Special Jurisdiction jurisdiction with respect to appellate jurisdiction with
corporation
cases filed before it competence to review
A court may be considered an A judge is a public officer involving issuance of judgments of the RTCs and
office Courts of General Courts of Special or
Jurisdiction Limited Jurisdiction writs of certiorari, specified quasi-judicial
The circumstances of the court mandamus, quo warranto, agencies.
are not affected by the Those competent to decide Those which have no power
habeas corpus, and
prohibition. CA is a court
of original and exclusive Courts of record Rationale. The rationale is two-fold:
jurisdiction over actions 1. It would be an imposition upon the limited time of the
for annulment of Those whose proceedings are enrolled and which are bound to Supreme Court; and
judgments of RTCs. keep a written record of all trials and proceedings handled by 2. It would inevitably result in a delay, intended or
The SC is a court of The SC is fundamentally a them. otherwise, in adjudication of cases, which in some
original jurisdiction over court of appellate instances, had to be remanded or referred to the lower
Discussion. In PH jurisdiction, there is no such thing as
cases affecting jurisdiction. court as the proper forum under the rules of procedure, or
Courts not of record. All courts are bound to keep a written
ambassadors, public as better equipped to resolve the issues because the
record of proceedings. Supreme Court is not a trier of facts.
ministers and consuls, and
in cases involving The SC is a court of last resort and must so remain if it is to
petitions for certiorari, Constitutional and Statutory Courts satisfactorily perform the duty assigned to it.
prohibition and
mandamus. Constitutional Courts Statutory Courts Principle of judicial hierarchy is not absolute. The
One created by a direct One created by law other SC may disregard the principle of hierarchy of courts
Note: The Supreme Court en banc is not an appellate court to Constitutional provision. than the Constitution if warranted by the nature and importance of the
which decisions or resolutions of a division of the Supreme The SC owes its creation All courts except the SC are issues raised in the interest of speedy justice and to
Court may be appealed. from the Constitution itself. statutory courts. avoid future litigations (Riano, 2011
Only the SC is a Diocese of Bacolod v Commission on Elections

Courts of exclusive jurisdiction and courts of concurrent
Constitutional court. The Court has full discretionary power to take cognizance and
jurisdiction assume jurisdiction over special civil actions for certiorari
Note: The Sandiganbayan is constitutionally mandated NOT, directly filed with it for exceptionally compelling reasons or if
Exclusive Jurisdiction Concurrent Jurisdiction
constitutionally created. It was created by PD 1486. warranted by the nature of the issues clearly and specifically
The power to adjudicate a The power conferred upon
raised in the petition. In this case, the SC took cognizance of
case or proceeding to the different courts, whether of the petition for certiorari and prohibition directly filed with it
exclusion of all other courts the same or different ranks, Organization of courts
because it involved:
at that stage to take cognizance at the Supreme Court 1. Genuine issues of constitutionality that must be
same stage of the same case CA/Sandiganbayan/Court of Tax Appeals/Shariah addressed at the most immediate time
in the same or different Appellate Court 2. Issues of transcendental importance
judicial territories RTC/Shariah District Court 3. Cases of first impression with no jurisprudence yet
Sometimes referred to as MTC/MTCC/MeTC/MCTC/Shariah Circuit 4. Supreme court can decide better on the issues
confluent or coordinate 5. Time element is not to be ignored
jurisdiction Doctrine of hierarchy of courts 6. Petition involves acts of a constitutional organ. The
Where courts have concurrent jurisdiction over a subject court decision can guide the COMELEC in the future.
Superior Court and Inferior Court matter, such concurrence of jurisdiction does not grant the 7. No other plain, speedy, and adequate remedy in the
party seeking relief the absolute freedom to file a petition in ordinary course of law that could free them from the
Superior courts are those which have the power of review any court of his choice. Pursuant to this doctrine, a case must injurious effects of respondents’ acts
and supervision over another or lower court. be filed first before the lowest court possible having the 8. Similar issues which the court has decided before
Inferior courts are those which, in relation to another court, appropriate jurisdiction, except if one can advance a special despite the doctrine of hierarchy of courts
are lower in rank and subject to review and supervision by the reason which would allow a party direct resort to a higher
latter. court.

JURISDICTION ad majorem dei gloriam CIVIL PROCEDURE
JURISDICTION IN GENERAL ASPECTS OF JURISDICTION abuse of discretion appreciation of the facts and
1. Definition 1. Jurisdiction over the subject matter amounting to lack or the evidence leading to an
2. Aspects of jurisdiction 2. Jurisdiction over the parties jurisdiction erroneous judgment
Jurisdiction over the subject matter 3. Jurisdiction over the issues of the case Can be attacked collaterally Direct attack only.
3. Jurisdiction v exercise of jurisdiction 4. Jurisdiction over the res or the thing involved in
4. Error of jurisdiction v error of judgment litigation Any judgment rendered Judgment is binding on the
5. Classes of jurisdiction without jurisdiction is a total parties until reversed or
6. Some principles of jurisdiction nullity and may be struck annulled in a direct
Jurisdiction over the subject matter. This refers to the
a. Jurisdiction over the subject matter is down at any time, even on proceeding.
jurisdiction of the court over the class of cases to which a
conferred by law. appeal
particular case belongs.
b. Jurisdiction over the subject matter is
determined by allegations in the complaint. Exception: when the party
Preliminary considerations. When a complaint is filed in raising the issue is barred by
c. Filing of initiatory pleading necessary to
court, the basic questions that ipso facto are to be immediately estoppel.
acquire jurisdiction over the subject matter.
d. Payment of docket/filing fees necessary for resolved by the court on its own are: (a) What is the subject Remedy: Petition for Remedy: Writ of error or
subject matter jurisdiction; Manchester Rule. matter of the complaint filed before the court? (b) Does the certiorari under Rule 65 appeal
e. Doctrine of non-interference. court have jurisdiction over the said subject matter?
f. Doctrine of primary jurisdiction • Effect of lack of jurisdiction. It is important that a Test of jurisdiction. The test is WON under the law, the court
g. Doctrine of adherence of jurisdiction court or tribunal should first determine whether or not has the power or authority to take cognizance of the particular
Jurisdiction over the parties it has jurisdiction over the subject matter presented subject matter. If the court has such authority, then the court
Jurisdiction over the res before it because any act that it performs without has jurisdiction even if its conclusions turn out to be
Jurisdiction over the res jurisdiction (over the subject matter) shall be null and erroneous.
void.
CLASSES OF JURISDICTION
Jurisdiction. The power and authority of the court to hear, try General jurisdiction. The power to adjudicate all
JURISDICTION V EXERCISE OF JURISDICTION
and decide a case and the power to enforce its determination. controversies, except those expressly withheld from the
• Etymology. It is derived from the Latin words “juris” Jurisdiction Exercise of Jurisdiction plenary powers of the court.
and “dico,” which literally means “I speak of the The power or authority of Exercise of this power or
law.” Jurisdiction is conferred by substantive law the court authority Special jurisdiction. Which restricts the court’s jurisdiction
• When silent. When reference is made to the term only to particular cases and subject to such limitations as may
jurisdiction without specifying the type or aspect of ERROR OF JURISDICTION V ERROR OF be provided by the governing law.
jurisdiction, the same should be construed as referring JUDGMENT
to jurisdiction over the subject matter. Original jurisdiction. The power of the court to take judicial
• Jurisdiction vested in courts, not judges. It is the Error of jurisdiction Error of judgement cognizance of a case instituted for judicial action for the first
court, not the judge, which by law, is vested with Occurs when the court This presupposes that the time under conditions provided by law. It is jurisdiction to
jurisdiction. The judge merely presides the court. exercises a jurisdiction not court is vested with take cognizance of a case at its inception.
conferred upon it by law, or jurisdiction over the person
JURISDICTION OVER THE SUBJECT when the court or tribunal and the subject matter but in Appellate jurisdiction. The authority of the court higher in
although with jurisdiction, the process of exercising rank to re-examine the final order, judgment or a lower court
MATTER acts in excess of its that jurisdiction, it which tried the case now elevated for judicial review.
jurisdiction or with grave committed mistakes in the
2. Jurisdiction over the subject matter is determined by b. Acquired, waived, enlarged or diminished by
Exclusive jurisdiction. Power to adjudicate a case or allegations in the complaint. any act or omission of the parties; or
proceeding to the exclusion of other courts at that stage 3. Filing of initiatory pleading necessary to acquire c. Conferred by the acquiescence of the courts
jurisdiction over the subject matter. 2. May be raised at any stage of the proceedings.
Concurrent jurisdiction. Sometimes referred to as the 4. Payment of docket/filing fees necessary for subject Whenever it appears that the court has no jurisdiction
coordinate jurisdiction which is the power conferred upon matter jurisdiction; Manchester Rule. over the subject matter, the action shall be dismissed.
different courts whether of the same or different ranks, to take Exception: The rule may be relaxed when This defense may be interposed at any time, during
cognizance at the same stage of the same case in the same or there is no manifest intent to defraud the appeal or even after final judgment.
different judicial territories government. See Sun Insurance v Asuncion
5. Doctrine of non-interference. Courts cannot interfere Exception; Jurisdiction by estoppel/laches. The
Jurisdiction over the subject matter. It is the power to hear with the judgments of other courts of equal or active participation of a party in a case and seeking of
and determine cases of the general class to which the concurrent jurisdiction. affirmative reliefs is tantamount to recognition of that
proceedings in question belong. court’s jurisdiction and will bar a party from
Jurisdiction over the subject matter is conferred by law impugning the court’s jurisdiction. This only applies
Jurisdiction over the person. Acquired by the filing of the to exceptional circumstances.
petition in case of the plaintiff or by arrest (Rule 113), by Jurisdiction over the subject matter is conferred by law. It
valid service of summons or voluntary submission to the is the law that confers jurisdiction and not the rules. The rule Discussion: This principle does not operate to grant the court
court’s authority in case of the defendant is that in order to ascertain whether a court has jurisdiction or jurisdiction when it has none. What it does is to prevent the
not, the provisions of law shall be inquired into. When the law party guilty of laches or estoppel from assailing the otherwise
Jurisdiction over the res. How jurisdiction over the res is confers jurisdiction, that conferment must be clear. It cannot null decision of the court.
acquired It is acquired either by: be presumed. It must clearly appear from the statute or will
1. The seizure of the property under legal process not be held to exist. Jurisdiction cannot be fixed by the will of Tijam v Sibonghanoy
2. As a result of the institution of legal proceedings, in the parties nor can it be acquired or diminished by any act of Tijam filed an action for recovery of a sum of money from
which the power of the court is recognized and made the parties. Also, it is not conferred by mere administrative Sibonghanoy, with Manila Surety as its surety. The CFI ruled
effective policy of any trial court. in favor of Tijam and a writ of execution was later issued
3. The court by placing the property of thing under its against the surety. The surety moved to quash the writ on the
custody (custodia legis), e.g. attachment of property; Law applicable to the case. Being a matter of substantive ground that it was issued without the required summary
or law, the established rule is that the statue in force at the time hearing. It was denied. It was only after 15 years and after the
4. The court through statutory authority conferring upon of the commencement of the action determines the jurisdiction CA affirmed the CFI’s decision that the Surety invoked the
it the power to deal with the property or thing of the court. Barangay Mayamot v Antipolo City CFI Cebu’s lack of jurisdiction, saying that the inferior courts
had jurisdiction in view of the Judiciary Act of 1948.
SOME PRINCIPLES OF JURISDICTION Note: Only jurisdiction over the subject matter is conferred by
1. Jurisdiction over the subject matter is conferred by substantive law. Jurisdiction over the parties, issues and res is Surety guilty of laches. The general rule is that the issue on
law. Jurisdiction over the subject matter cannot be governed by procedural laws. jurisdiction may be raised at any stage of the proceedings.
acquired through, or waived by, any act or omission However, considering the facts and circumstances of the
of the parties. As such, objections thereto may be Consequences of the rule that jurisdiction is conferred by present case, the surety is now barred by laches after waiting
raised at any stage of the proceedings. See Calimlim v the law. for 15 years before raising the issue on jurisdiction for the first
Ramirez 1. Such jurisdiction cannot be: time. When the motion for execution was filed against it, it
a. Exception: Laches. See Tijam v Sibonghanoy a. Granted by the agreement of the parties filed a written opposition thereto praying for its denial and

asked for an affirmative relief to be relived from its liability judge should have dismissed the same and yielded jurisdiction states, but what the allegations in the body of the complaint
therefrom. It invoked the jurisdiction of the court to obtain to the ERC pursuant to the doctrine of primary jurisdiction. define and prescribe. The designation or caption is not
affirmative relief and submitted the case for final adjudication BF Homes v Meralco controlling, for it is not even an indispensable part of the
on the merits. It was only after an adverse decision was complaint. De la Cruz v CA
rendered by the CA that it raised the question of jurisdiction. Jurisdiction over the subject matter is determined by
allegations in the complaint Payment of docket/filing fees necessary for jurisdiction
Grounded on public policy. A party cannot invoke the over the subject matter
jurisdiction of a court to secure affirmative relief agaisnt his Jurisdiction over the subject matter determined by
opponent, and after obtaining or failing to obtain such relief, allegations in the complaint. It is determined by the Payment of docket/filing fees necessary for jurisdiction
repudiate or question that same jurisdiction. allegations of the complaint regardless of whether or not the over the subject matter; Manchester Rule. It is not simply
plaintiff is entitled to his claims asserted therein. Jurisdiction the filing of the complaint or appropriate initiatory pleading,
Note: The ruling in Tijam that a party is estopped from is not affected by the pleas or the theories set up by the but the payment of the prescribed docket fee, that vests a trial
questioning the jurisdiction applies only to exceptional defendant in an answer or motion to dismiss. Otherwise, court with jurisdiction over the subject matter or nature of the
circumstances—if the factual milieu is similar to Tijam. What jurisdiction would become dependent almost entirely upon action.
is still controlling is that jurisdiction over the subject matter of the whims of the defendant. • Jurisdictional defect not cured by amendment. A
the action is a matter of law and may not be conferred by • Spouses Gaston filed a complaint for damages with defect in the original pleading resulting in the
consent or agreement of the parties. The doctrine on estoppel preliminary/mandatory injunction and TRO was filed underpayment of the docket fee cannot be cured by
by laches is the exception and NOT the general rule. against Sta Clara Homeowners Association (SCHA) amendment, such as the reduction of the claim. This is
before the RTC. SCHA contended that because the because for all legal purposes, there is no original
The doctrine in Tijam is more of the exception rather than case involved an intra-corporate dispute, jurisdiction complaint over which the court acquired jurisdiction.
the rule. Hence, the SC refused to apply the same doctrine in belonged to Home Insurance Guarantee Corporation Manchester Development Corporation v CA
this case where the parties asserted their right to claim the (HIGC), an administrative body created by RA 580 • Other applications of the rule. The same rule
property belonging to them within one and one-half years for the supervision over homeowners and applies to permissive counterclaims, third party
after the dismissal of their prior petition, which they filed in a associations, and not RTC. However, since it was claims and similar pleadings, which shall not be
court having no jurisdiction. There being no laches, the never alleged in the complaint that Spouses Gaston considered filed until and unless the filing fee
general rule that lack of jurisdiction may be questioned at any were members of the SCHA, there is no intra- prescribed therefor is paid. The court may also allow
stage of the proceedings is applicable. Calimlim v Ramirez corporate dispute to speak of the would properly vest payment of said fee within a reasonable time but also
jurisdiction over the HIGC. Sta Clara Homeowners in no case beyond its applicable prescriptive or
When the court has no jurisdiction over the subject Association v Gaston reglementary period.
matter, the only power it has is to dismiss. The SC ordered
the dissolution of the WPI issued by the RTC for lack of Truth not yet considered. In determining WON a court has Relaxation of the Manchester Rule; willingness to
jurisdiction over the subject matter. BF Homes wanted to jurisdiction over the complaint before it, the court should not abide by the rules and no evident intent to defraud
offset the amount of refund that it was supposed to receive inquire into the truth of such allegations. What the court the government. While the payment of prescribed
from MERALCO against the bills it is to pay to the same should do is consider the material allegations in the complaint docket fee is a jurisdictional requirement, even its
company. MERALCO did not allow this and cut down the in relation to the relief sought. The truth shall, later on, be non- payment at the time of filing does not
electric supply in the area, prompting BF Homes to file for a determined during the trial. automatically cause the dismissal of the case, as long
WPI against it. The subject matter squarely falls within the as the fee is paid within the applicable prescriptive or
primary jurisdiction of the Electric Regulatory Commission Caption of the case not controlling. The cause of action in a reglementary period, more so when the party involved
(ERC), hence, instead of presiding over the case, the RTC complaint is not what the title or designation of the complaint demonstrates a willingness to abide by the rules

prescribing such payment. Thus, when insufficient pleading, or if specified the same has been left for number; the allegations were not properly set forth; no
filing fees were initially paid by the plaintiffs and determination by the court, the additional filing fee particular relief is sought; in fact, only the intervention of
there was no evident intention to defraud the therefor shall constitute a lien on the judgment. It Executive Judge Monsanto is requested; it was not signed by a
government, the Manchester rule does not apply. Sun shall be the responsibility of the Clerk of Court or his counsel; and most of all, there is no verification or
Insurance Office, Ltd. v Asuncion duly authorized deputy to enforce said lien and assess certification against forum-shopping.
and collect the additional fee. Sun Insurance Office,
Summary of rules on payment of docket fees Ltd. v Asuncion Doctrine of Non-interference or Doctrine of Judicial
1. A court acquires jurisdiction only upon payment of Stability
the prescribed docket fee. Manchester Development Filing of initiatory pleading necessary
Corporation v CA Doctrine of Non-interference or Doctrine of Judicial
2. A defect in the original pleading resulting in the Filing of initiatory pleading necessary. A mere letter does Stability. Courts of equal and coordinate jurisdiction cannot
underpayment of the docket fee cannot be cured by not satisfy the requirement of an initiatory pleading; it cannot interfere with each other’s orders. Thus, the RTC has no
amendment, such as the reduction of the claim. This is be considered as a formal complaint or petition. Monsanto v. power to nullify or enjoin the enforcement of a writ of
because for all legal purposes, there is no original Lim possession issued by another RTC. The principle also bars a
complaint over which the court has acquired court from reviewing or interfering with the judgment of a co-
jurisdiction. Manchester Development Corporation v Monsanto v Lim equal court over which it has no appellate jurisdiction or
CA In a letter, the Regional Director of Pag-IBIG requested the power of review.
3. The same rule applies to permissive counterclaims, intervention of Executive Judge Monsanto of the RTC of • Co-equal courts. The various branches of the RTC,
third party claims and similar pleadings, which shall Catbalogan, Samar on the alleged anomalous auction sale being co-equal, may not interfere with each other’s
not be considered filed until and unless the filing fee conducted by Sheriff De Guzman. However, Executive Judge cases, judgments, and orders. No RTC can pass upon
prescribed therefor is paid. The court may also allow Monsanto refrained from acting on the letter considering that and scrutinize, and much less declare as unjust a
payment of said fee within a reasonable time but also Eduardo is his relative; instead he re-assigned the same to judgment of another RTC and sentence the judge
in no case beyond its applicable prescriptive or Judge Usman and referred the matter to the OCA for further thereof liable for damages without running afoul with
reglementary period. action because no formal petition or complaint was filed the principle that only the higher appellate courts,
4. While the payment of prescribed docket fee is a which presents a judicial issue and that the acts complained of namely, the CA and the SC are vested with the
jurisdictional requirement, even its non- payment at partake of administrative matter. Did the RTC acquire authority to review and correct errors of trial courts.
the time of filing does not automatically cause the jurisdiction over the case? NO. No proper initiatory pleading Villamor v Salas
dismissal of the case, as long as the fee is paid within was filed before the trial court. In this case, records show that • Rationale. The rationale for the rule is founded on the
the applicable prescriptive or reglementary period, no formal complaint or petition was filed in court. Pag-IBIG’s concept of jurisdiction: a court that acquires
more so when the party involved demonstrates a letter could not be considered as a formal complaint or jurisdiction over the case and renders judgment
willingness to abide by the rules prescribing such petition. Section 1, Rule 6 of the Rules of Court defines therein has jurisdiction over its judgment, to the
payment. Thus, when insufficient filing fees were pleadings as "written statements of the respective claims and exclusion of all other coordinate courts, for its
initially paid by the plaintiffs and there was no defenses of the parties submitted to the court for appropriate execution and overall its incidents, and to control, in
intention to defraud the government, the Manchester judgment." First, the parties to the case were not identified furtherance of justice, the conduct of ministerial
rule does not apply. Sun Insurance Office, Ltd. v pursuant to Section 1, Rule 3 and Section 1, Rule 7. Second, officers acting in connection with this judgment.
Asuncion the so-called claim or cause of action was not properly • This doctrine applies with equal force to
5. Where the trial court acquires jurisdiction over a mentioned or specified. Third, the letter miserably failed to administrative bodies. When the law provides for an
claim by the filing of the appropriate pleading and comply with the requirements of Rule 7, Rules of Court. The appeal from the decision of an administrative body to
payment of the prescribed filing fee but, subsequently, letter bore no caption; it was not even assigned a docket the SC or CA, it means that such body is co-equal
the judgment awards a claim not specified in the
with the RTC in terms of rand and stature, and • It is essential only in actions personam because they Issue. An issue is a disputed point or question to which parties
logically beyond the control of the latter. seek to impose personal responsibility or liability to an action have narrowed down their several allegations and
upon a person upon which they are desirous of obtaining a decision.
Doctrine of primary jurisdiction • See distinctions in page 12. • An issue arises because material allegation of a
claiming party is specifically denied by the defending
Doctrine of primary jurisdiction. The courts cannot and will party. where there is no denial, there is no
not resolve a controversy involving a question within the How jurisdiction over the persons of the parties is controverted issue between the parties.
jurisdiction of an administrative tribunal, especially when the acquired. The manner by which the court acquires How conferred. Generally, jurisdiction over the issues is
question demands the sound exercise of administrative jurisdiction over the parties depends on whether the party is conferred and determined by the pleadings of the parties. The
discretion requiring special knowledge, experience and the plaintiff or the defendant. pleadings present the issues to be tried and determine whether
services of the administrative tribunal to determine technical or not the issues are of fact or of law
and intricate matters of fact. Jurisdiction over the plaintiff. Jurisdiction over the plaintiff
is acquired by his filing of the complaint or petition because How jurisdiction is conferred even if not raised in the
Doctrine of adherence of jurisdiction by doing so, he voluntarily submits himself to the jurisdiction pleadings. This occurs when the parties try an issue with their
of the court. consent. Under Sec. 5 of Rule 10, when issues not raised in
Doctrine of adherence of jurisdiction. The doctrine means the pleadings are tried with the express or implied consent of
that once jurisdiction has attached, it cannot be ousted by Jurisdiction over the defendant. Jurisdiction over the the parties, they shall be treated in all respects as if they had
subsequent happenings or events, although of a character person of the defendant in civil cases is acquired either: been raised in the pleadings.
which would have prevented jurisdiction from attaching in the 1. by his voluntary appearance in court and his
first instance. The court, once jurisdiction has been acquired, submission to its authority or The issue in a case may be either one of law or of fact.
retains that jurisdiction until it finally disposes of the case. 2. by service of summons • Question of law. There is a question of law when the
Bantua v. Mercader doubt or difference arises as to what the law is on a
Special appearance. A party who makes a special appearance certain set of facts.
JURISDICTION OVER THE PARTIES to challenge, among others, the court’s jurisdiction over his • Question of fact. There is a question of fact when the
person cannot be considered to have submitted to its authority. doubt or difference arises as to the truth or falsehood
Jurisdiction over the person. Jurisdiction over the person is The objection must be made explicitly or in an unequivocal of the alleged facts.
the legal power of the court to make decisions that are binding manner.
on persons. It is also called jurisdiction in personam. • Under the Rules, raising defenses in addition to lack Test. The test of whether a question is one of law or of facts is
• Essential to bind a person. Jurisdiction over the of jurisdiction over the person of the defendant will whether the court can determine the issue raised without
person is essential for the enforcement of an order or not create an inference of a voluntary submission to examination of the probative value of the evidence. If there is
judgment of the court against such person because the jurisdiction of the court. no need, the issue is one of law; otherwise, it is a question of
person not within the jurisdiction of the court is not fact.
bound by the judgment of that court. JURISDICTION OVER THE ISSUES
JURISDICTION OVER THE RES
Essential in personal actions. Jurisdiction over the person is Jurisdiction over the issues. Jurisdiction over the issue is the
an element of due process that is essential in all actions, power of the court to try and decide issues raised in the Jurisdiction over the res. Jurisdiction over the res refers to
criminal or civil, except in actions in rem or quasi in rem. Guy pleadings of the parties the court’s jurisdiction over the thing or the property which is
v Gacott the subject of the action. This type of jurisdiction is necessary
when the action is an action in rem or quasi in rem. When the
action is one in personam, jurisdiction over the res is not
sufficient to authorize the court to render a judgment against
the defendant. In an action in personam, jurisdiction over the
person of the defendant is required.
How acquired. Jurisdiction over the res may be acquired by

the court by:
1. Seizure of the property under legal process
whereby it is brought into the actual custody of the
law, or
2. Statutory conferment. It may result from the
institution of legal proceedings wherein, under special
provisions of law, the power of the court over the
property is recognized and made effective.
Extent of relief when jurisdiction is only over the res. Any

relief granted in rem or in quasi in rem actions must be
confined to the res, and the court cannot lawfully render a
judgment against the defendant where jurisdiction has not
been acquired by the court over the defendant.

JURISDICTION IN PARTICULAR
In civil actions
Supreme Court
Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:
1. CA;
Exclusive 2. Court of Tax Appeals;
Original 3. Commission on Elections En Banc;
4. Commission on Audit;
5. Sandiganbayan.
1. Petitions for review on certiorari against:
a. CA;
b. CTA en banc Section 11, R.A.9282) (2006 Bar);
c. SB;
d. RTC, in cases involving:
Appellate i. If no question of fact is involved and the case involves:
a) Constitutionality or validity of treaty, international or executive presidential proclamation, instruction, regulation; agreement, law, decree, order, ordinance or
b) Legality of tax, impost, assessments, or toll, or penalty in relation thereto; or from the SB if penalty is less than death, life
c) Cases in which jurisdiction of lower court is in issue;
ii. All cases in which only errors or questions of law are involved;
2. Special civil action of certiorari – filed within 30 days against the COMELEC/COA.
Concurrent
1. Petitions for issuance of certiorari, prohibition and mandamus against the following:
a. NLRC under the Labor Code;
NOTE: The petitions must first be filed with the CA, otherwise, they shall be dismissed (St. Martin Funeral Homes v. CA)
With CA b. Civil Service Commission;
c. Quasi-judicial agencies (file with the CAfirst);
d. RTC and lower courts;
2. Petitions for issuance of writ of Kalikasan Section 3, Rule 7, A.M. No. 09-6-8-SC)
With CA 1. Petitions for habeas corpus and quo warranto; and
and RTC 2. Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or other bodies.
With CA, 1. Petitions for the issuance of writ of amparo; and
SB and 2. Petition for writ of habeas data, where the action involves public data or government office.
RTC
With RTC Actions affecting ambassadors and other public ministers and consuls.

Court of Appeals
Exclusive Actions for annulment of judgments of RTC based upon extrinsic fraud or lack of jurisdiction Section 9, BP 129; Rule 47, 1997 Rules of Civil Procedure
Original
1. Final judgments, decisions, resolutions, orders, awards of:
a. RTC (original jurisdiction or appellate jurisdiction);
b. Family Courts; RTC on the questions of constitutionality, validity of tax, jurisdiction involving questions of fact, which should be appealed first to the CA;
c. Appeals from RTC in cases appealed from MTCs which are not a matter of right;
Appellate 2. Appeal from MTC in the exercise of its delegated jurisdiction (RA 7691);
3. Appeals from Civil Service Commission;
4. Appeals from quasi-judicial agencies under Rule 43;
5. Appeals from the National Commission on Indigenous Peoples (NCIP); and
6. Appeals from the Office of the Ombudsman in administrative disciplinary cases (Mendoza-Arce v. Office of the Ombudsman)
Concurrent
1. Petitions for issuance of certiorari, prohibition and mandamus against the following:
a. NLRC under the Labor Code;
b. Civil Service Commission;
With SC c. Quasi-judicial agencies (file with the CAfirst);
d. RTC and lower courts;
2. Petitions for issuance of writ of Kalikasan Section 3, Rule 7, A.M. No. 09-6-8-SC)
With SC 1. Petitions for habeas corpus and quo warranto; and
and RTC 2. Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or other bodies.
With SC, 1. Petitions for the issuance of writ of amparo; and
SB and 2. Petition for writ of habeas data, where the action involves public data or government office.
RTC
Regional Trial Courts

1. Actions in which the subject of litigation is incapable of pecuniary estimation;
2. Actions involving title to or possession of real property or any interest therein where the assessed value exceeds Php 20,000 or Php 50,000 in Metro Manila, except forcible entry and
unlawful detainer;
3. Actions in admiralty and maritime jurisdiction where demand or claim exceeds Php 100,000 or Php 200,000 in Metro Manila;
4. Matters of probate, testate or intestate, where gross value of estate exceeds Php 100,000 or Php 200,000 in Metro Manila;
Exclusive
5. Actions involving the contract of marriage and marital relations;
Original
6. Cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial function;
7. Civil actions and special proceedings falling within exclusive original jurisdiction of Juvenile and Domestic Relations Court and Court of Agrarian Reforms;
8. Other cases where the demand, exclusive of interest, damages, attorney’s fees, litigation expenses and costs, or value of property in controversy exceeds P100,000 or Php 200,000 in
Metro Manila Section 19, BP 129 as amended by RA 7691); and
9. Intra-corporate controversies under Sec. 5.2 of the Securities and Regulation Code.
Concurrent
With SC, 1. Writ of amparo;
CA and SB 2. Writ of habeas data.
With SC Actions affecting ambassadors and other public ministers and consuls [Sec. 21(2), BP 129].
With SC 1. Certiorari, prohibition and mandamus against lower courts and bodies;
and CA 2. Habeas corpus and quo warranto.
With MTC Cases involving enforcement or violations of environmental and other related laws, rules and regulations Section 2, Rule 1, A.M. No. 09-6-8-SC
SC may designate certain branches of RTC to try exclusively:
1. Criminal cases;
2. Juvenile and domestic relations cases;
Special
3. Agrarian cases;
4. Urban land reform cases not falling within the jurisdiction of any quasi-judicial body; and
5. Other special cases in the interest of justice Section 23, BP 129
Appellate GR: All cases decided by lower courts in their respective territorial jurisdictions. XPN: Decisions of lower courts in the exercise of delegated jurisdiction.
4. Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts
1. Actions involving personal property where the value of the property does not exceed Php 100,000 or, in Metro Manila Php 200,000;
2. Actions for claim of money where the demand does not exceed Php 100,000 or, in Metro Manila Php 200,000;
3. Probate proceedings, testate or intestate, where the value of the estate does not exceed Php 100,000 or, in Metro Manila Php 200,000;
NOTE: In the foregoing, claim must be exclusive of interest, damages, attorney’s fees, litigation expense, and cost Section 33, BP 129 as amended by RA 7691
4. Actions involving title to or possession of real property or any interest therein where the value or amount does not exceed Php 20,000 or, in Metro Manila Php 50,000 exclusive of
Exclusive interest damages, attorney’s fees, litigation expense, and costs (2008 Bar);
Original 5. Maritime claims where the demand or claim does not exceed Php 100,000 or, in Metro Manila Php 200,000 Section 33, BP 129, as amended by RA 7691);
6. Inclusion or exclusion of voters Section 138, BP 881);
7. Those covered by the Rules on Summary Procedure:
8. Forcible entry and unlawful detainer;
9. Those covered by the Rules on Small Claims, i.e. actions for payment of money where the claim does not exceed Two Hundred Thousand Pesos (P200,000.00) exclusive of interest
and costs (A.M. No. 08-8-7-SC, as amended)
Cadastral or land registration cases covering lots where:
Delegated 1. There is no controversy or opposition;
2. Contested but the value does not exceed Php 100,000 Section 34, BP 129, as amended by RA 7691
Special Petition for habeas corpus in the absence of all RTC judges in the province or city Section 35, BP 129
Concurrent Cases involving enforcement or violations of environmental and other related laws, rules and regulations Section 2, Rule 1, A.M. No. 09-6-8- SC
with RTC

The appellate jurisdiction of the Supreme Court cannot be The amounts involved are as follows: P71,392 for actual
increased without its advice and concurrence. The damages/hospitalization expenses + P25,000 for lost income +
appellate jurisdiction of SC is over final judgments and orders P500,000 for moral damages. Mangaliag and Solano contend
of lower courts and does not include the quasi-judicial bodies that MTC has jurisdiction because the principal amount of the Totality or aggregate rule. Where there are several claims or
or agencies. Hence, Section 27 of RA 6770 or the case is only P71, 392, excluding the amount of moral causes of actions between the same or different parties
Ombudsman Act was declared void in this case because it damages. embodied in one complaint, the amount of the demand shall
provided that appeals from the decisions of the OMB in be the totality of the claims in all causes of action irrespective
disciplinary cases may be brought to the SC through a petition of whether the causes of action arose out of the same or
for certiorari. It expanded the appellate jurisdiction of SC In determining the jurisdictional amount, damages that different transaction [Sec. 5(d), Rule 2].
without the latter’s advice and consent. With this nullity, we are merely incidental are excluded and only the amount of
stick to the rule that appeals from the decision of the OMB in damages wherein it is the main cause of action is included. Rules on claim for damages
administrative disciplinary cases should be taken to the CA. • Moral damages not merely incidental in torts. In an 1. If the main action is for the recovery of sum of money and
Fabian v Desierto action for recovery of damages arising from a tortious the damages being claimed are merely the consequences
act, the claim of moral damages is not merely an of the main cause of action, the same are not included in
Heirs of Valeriano Concha v Spouses Lumocso incidental or consequential claim but must be determining the jurisdictional amount.
Only assessed value of real property included. The assessed considered in the amount of demand which will 2. However, in cases where the claim for damages is the
value of the lots which are subject of an action of main cause of action, or one of the causes of action, the
determine the court’s jurisdiction.
reconveyance did not exceed P20,000 but the action was filed amount of such claim shall be considered in determining
• It is a separate and distinct cause of action or an the jurisdiction of the court.
before the RTC. The plaintiff argued that the recovery value
of the trees cut from the subject properties should be included, independent actionable tort. It springs from the
in which case the aggregate amount would now exceed right of a person to the physical integrity of his or her Totality rule
P20,000 and would therefore be under the jurisdiction of the body, and if that integrity is violated, damages are due Totality of claims basis for determining jurisdiction. Under
RTC. SC denied this and said that in determining jurisdiction, and assessable. Hence, the demand for moral damages the totality rule, where there are several claims or causes of
only the assessed value of the realty involved should be must be considered as a separate cause of action, actions between the same or different parties, the amount of
computed. independent of the claim for actual damages and must the demand shall be the totality of the claims in ALL causes
be included in determining the jurisdictional amount, of action, irrespective of whether they arose out of the same or
Discussion. The law provides that the RTC shall in clear consonance with paragraph 2 of different transactions. The total amount of the claims shall be
exercise jurisdiction in all civil actions which involve Administrative Circular No. 09-94. Therefore, it is the basis of the court’s jurisdiction and not the amount of
title to, or possession of, real property or any interest still the RTC which has jurisdiction over the case. individual claims.
therein, where the assessed value of the property
• Administrative Circular No. 09-94, paragraph 2 reads:
involved exceeds xxx. Note that the words property Note: The rule presupposes that there is no misjoinder of
The exclusion of the term damages of whatever kind parties involved and that the various claims are allowed to be
involved follows the word assessed. This means that
regardless of the subject matter of the case— in determining the jurisdictional amount under xxx embodied in the same complaint.
possession of real property or possession of an B.P. Blg. 129, as amended by R.A. No. 7691, applied
interest therein, the amount to be considered is still to cases where the damages are merely incidental to
the value of the property and not the interest therein. or a consequence of the main cause of action.
However, in cases where the claim for damages is the
Mangaliag v Catubig-Pastoral main cause of action, or one of the causes of action,
Pursuant to a vehicular accident, Serquina filed before the the amount of such claim shall be considered in
RTC an action for damages against Mangaliag and Solano. determining the jurisdiction of the court.
JURISDICTION OF SPECIAL living together under different status and agreements, REPUBLIC ACT NO. 10630
and petitions for dissolution of conjugal partnership of An act strengthening the juvenile justice system in the
COURTS gains; Philippines, amending for the purpose republic act no. 9344,
e. Petitions for support and/or acknowledgment; otherwise known as the "juvenile justice and welfare act of
Family courts f. Summary judicial proceedings brought under the 2006" and appropriating funds therefor
provisions of Executive Order No. 209, otherwise
REPUBLIC ACT NO. 8369 known as the "Family Code of the Philippines"; Cases under RA 10630 are cognizable by family courts. The
October 28, 1997 g. Petitions for declaration of status of children as following are covered:
An act establishing family courts, granting them exclusive abandoned, dependent or neglected children, petitions o Children below the age of criminal responsibility
original jurisdiction over child and family cases, amending for voluntary or involuntary commitment of children; (15 years old or below)
Batas Pambansa Bilang 129, as amended, otherwise known as the suspension, termination, or restoration of parental o Children exempt from criminal responsibility and
act of 1980, appropriating funds therefor and for other authority and other cases cognizable under considered as neglected (above 12 up to 15)
purpose Presidential Decree No. 603, Executive Order No. 56,
(Series of 1986), and other related laws; REPUBLIC ACT NO. 7610
Section 5. Jurisdiction of family Courts. - The Family Courts h. Petitions for the constitution of the family home; An act providing for stronger deterrence and special
shall have exclusive original jurisdiction to hear and decide i. Cases against minors cognizable under the Dangerous protection against child abuse, exploitation and
the following cases: Drugs Act, as amended; discrimination, and for other purposes
a. Criminal cases where one or more of the accused is j. Violations of Republic Act No. 7610, otherwise
below eighteen (18) years of age but not less than known as the "Special Protection of Children Against Section 30. Special Court Proceedings. Cases involving
Child Abuse, Exploitation and Discrimination Act," as violations of this Act shall be heard in the chambers of the
nine (9) years of age or where one or more of the
amended by Republic Act No. 7658; and judge of the Regional Trial Court duly designated as Juvenile
victims is a minor at the time of the commission of
and Domestic Court.
the offense: Provided, that if the minor is found k. Cases of domestic violence against:
• Any provision of existing law to the contrary
guilty, the court shall promulgate sentence and 1. Women - which are acts of gender-based violence
notwithstanding and with the exception of habeas
ascertain any civil liability which the accused may that results, or are likely to result in physical,
corpus, election cases, and cases involving detention
have incurred. sexual or psychological harm or suffering to prisoners and persons covered by Republic Act No.
• The sentence, however, shall be suspended women; and other forms of physical abuse such as 4908, all courts shall give preference to the hearing or
without need of application pursuant to battering or threats and coercion which violate a disposition of cases involving violations of this Act.
Presidential Decree No. 603, otherwise woman's personhood, integrity and freedom
known as the "Child and Youth Welfare movement; and REPUBLIC ACT NO. 9262
Code"; 2. Children - which include the commission of all An act defining violence against women and their children,
b. Petitions for guardianship, custody of children, habeas forms of abuse, neglect, cruelty, exploitation, providing for protective measures for victims, prescribing
corpus in relation to the latter; violence, and discrimination and all other penalties therefore, and for other purposes
c. Petitions for adoption of children and the revocation conditions prejudicial to their development.
thereof; Section 7. Venue. The Regional Trial Court designated as a
d. Complaints for annulment of marriage, declaration of [NOTE: If a question involving any of the above matters Family Court shall have original and exclusive jurisdiction
nullity of marriage and those relating to marital status should arise as an incident in any case pending in regular over cases of violence against women and their children under
and property relations of husband and wife or those courts, said incident shall be determined in that court.] this law. In the absence of such court in the place where the
offense was committed, the case shall be filed in the Regional
Trial Court where the crime or any of its elements was c. Officials of the diplomatic service
committed at the option of the compliant. occupying the position of consul and Salary grade 27 has no reference to officials enumerated from
higher; a to g of Sec 4(a)(1
Sandiganbayan d. Philippine army and air force
colonels, naval captains, and all Exception to the jurisdiction of SB: That the Regional Trial
REPUBLIC ACT NO. 10660 officers of higher rank; Court shall have exclusive original jurisdiction where the
(latest amendment compared to RA 8249) e. Officers of the Philippine National information:
An act strengthening further the functional and structural Police while occupying the position • does not allege any damage to the government or any
organization of the Sandiganbayan, further amending of provincial director and those bribery; or
Presidential Decree no. 1606, as amended, and appropriating holding the rank of senior • alleges damage to the government or bribery arising
funds therefor superintendent and higher; from the same or closely related transactions or acts in
f. City and provincial prosecutors and an amount not exceeding One million pesos
SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise their assistants, and officials and (P1,000,000.00
exclusive original jurisdiction in all cases involving: prosecutors in the Office of the
Ombudsman and special prosecutor; NOTE: Subject to the rules promulgated by the Supreme
a. Violations of Republic Act No. 3019, as amended, g. Presidents, directors or trustees, or Court, the cases falling under the jurisdiction of the Regional
otherwise known as the Anti-Graft and Corrupt managers of government-owned or Trial Court under this section shall be tried in a judicial region
Practices Act, Republic Act No. 1379, and Chapter controlled corporations, state other than where the official holds office.
II, Section 2, Title VII, Book II of the Revised universities or educational institutions
Penal Code, where one or more of the accused are or foundations. Additional notes:
officials occupying the following positions in the 2. Members of Congress and officials thereof • RA 1379- forfeiture in favor of the state of any
government, whether in a permanent, acting or classified as Grade ’27’ and higher under the property found to have been unlawfully acquired by a
interim capacity, at the time of the commission of the Compensation and Position Classification Act public officer
of 1989;
offense: • Chapter II, Section 2, Title VII, Book II of the
1. Officials of the executive branch occupying 3. Members of the judiciary without prejudice to
Revised Penal Code- Direct bribery, indirect bribery,
the positions of regional director and higher, the provisions of the Constitution;
qualified bribery, and corruption of public officials.
otherwise classified as Grade ’27’ and higher, 4. Chairmen and members of the Constitutional
of the Compensation and Position Commissions, without prejudice to the
More rules; same provision
Classification Act of 1989 (Republic Act No. provisions of the Constitution; and
Appellate jurisdiction of SB. The Sandiganbayan shall
6758), specifically including: 5. All other national and local officials classified
exercise exclusive appellate jurisdiction over final judgments,
a. Provincial governors, vice-governors, as Grade ’27’ and higher under the
resolutions or orders of regional trial courts whether in the
members of the sangguniang Compensation and Position Classification Act
exercise of their own original jurisdiction or of their appellate
panlalawigan, and provincial of 1989.
jurisdiction as herein provided.
treasurers, assessors, engineers, and b. Other offenses or felonies whether simple or
other provincial department heads: complexed with other crimes committed by the public
Salary grade. In cases where none of the accused are
officials and employees mentioned in subsection a. of
b. City mayors, vice-mayors, members occupying positions corresponding to Salary Grade ’27’ or
of the sangguniang panlungsod, city this section in relation to their office.
higher, as prescribed in the said Republic Act No. 6758, or
treasurers, assessors, engineers, and c. Civil and criminal cases filed pursuant to and in
military and PNP officers mentioned above, exclusive original
other city department heads; connection with Executive Order Nos. 1, 2, 14 and
jurisdiction thereof shall be vested in the proper regional trial
14-A, issued in 1986.
court, metropolitan trial court, municipal trial court, and
municipal circuit trial court, as the case may be, pursuant to proper courts which shall exercise exclusive jurisdiction over
their respective jurisdictions as provided in Batas Pambansa them.
Blg. 129, as amended.
Meaning of Crime Committed “In Relation to Office”. An
SB’s exclusive original jurisdiction over writs. The offense is deemed to be committed in relation to the public
Sandiganbayan shall have exclusive original jurisdiction over office of the accused when:
petitions for the issuance of 1. Such office is an essential or constitutive element of
the writs of mandamus, prohibition, certiorari, habeas the crime charged
corpus, injunctions, and other ancillary writs and processes in 2. When the offense charged is intimately connected
aid of its appellate jurisdiction and over petitions of similar with the discharge of the official functions of the
nature, including quo warranto, arising or that may arise in accused (if the office is not an essential element of the
cases filed or which may be filed under Executive Order Nos. offense)
1, 2, 14 and 14-A, issued in 1986: As a rule, to make an offense one committed in relation to the
• Provided, That the jurisdiction over these petitions office, the relation has to be such that, in the legal sense, the
shall not be exclusive of the Supreme Court. offense cannot exist without the office. In other words, the
office must be a “constitutive element” of the crime, as
Civil cases in SB. Any provisions of law or Rules of Court to defined by statute (such as bribery, malversation, these crimes
the contrary notwithstanding, the criminal action and the contain the element of public office as a requisite
corresponding civil action for the recovery of civil liability
shall at all times be simultaneously instituted with, and jointly What should be alleged in the information? It is important
determined in, the same proceeding by the Sandiganbayan or the information allege the intimate relation between the
the appropriate courts, the filing of the criminal action being offense charged and the discharge of official duties. The
deemed to necessarily carry with it the filing of the civil information must contain the specific factual allegations that
action, and no right to reserve the filing of such civil action would indicate the close intimacy between the discharge of
separately from the criminal action shall be recognized: the official duties of the accused and the commission of the
• Provided, however, That where the civil action had offense charged, in order to qualify the crime as having been
heretofore been filed separately but judgment therein committed in relation to public office (remember that the
has not yet been rendered, and the criminal case is allegations in the information determine the jurisdiction of the
hereafter filed with the Sandiganbayan or the court
appropriate court, said civil action shall be transferred • Exception: In cases where public office is a
to the Sandiganbayan or the appropriate court, as the constitutive element of the offense, there is no need
case may be, for consolidation and joint determination for the information to state the specific factual
with the criminal action, otherwise the separate civil allegations of the intimate connection between the
action shall be deemed abandoned office and the offense.
• Example: a policeman who has in custody an
Private individuals. In case private individuals are charged as accused, rapes the accused while in his custody.
co-principals, accomplices or accessories with the public Public office is not a constitutive element in rape but
officers or employees, including those employed in the rape was intimately connected between the public
government-owned or controlled corporations, they shall be office as the policeman raped the victim while
tried jointly with said public officers and employees in the discharging his public functions.
Overview: Processes of ordinary civil actions ad majorem dei gloriam CIVIL PROCEDURE
OVERVIEW: PROCESSES OF court by the plaintiff to appraise the adverse party known as • Test of sufficiency. The test is whether the court can
the defendant, of the nature and basis of the claim. render a valid judgment upon the averments in the
ORDINARY CIVIL ACTIONS pleading in accordance with the prayer in the
Filing of complaint is voluntary submission of plaintiff to complaint, assuming that the facts alleged are true.
1. Complaint the court’s jurisdiction. It is through the filing of the • Truth is not the focus. The truth of the averments
a. Cause of action and right of action complaint that the court acquires jurisdiction over the will be tested and determined in the trial and not at the
b. Jurisdiction plaintiff. The jurisdiction is implied from the fact that by time of the filing of the complaint.
c. Venue seeking affirmative relief from the court, he recognizes the
d. Parties jurisdiction of the court. Section 3, Rule 2. One suit for a single cause of action. A
e. Prescription and conditions precedent party may not institute more than one suit for a single cause of
f. Preparation of the complaint Cause of action and right of action action.
g. Provisional remedies 1. Determine if there is a cause of action
h. Filing of the complaint 2. Determine if there is a right of action Section 4, Rule 2. Splitting a single cause of action; effect
2. Summons of. If two or more suits are instituted on the basis of the same
a. Motion for bill of particulars Section 1, Rule 2. Ordinary civil actions, basis of. Every cause of action, the filing of one or a judgment upon the
b. Motion to dismiss ordinary civil action must be based on a cause of action. merits in any one is available as a ground for the dismissal of
3. Answer the others.
4. Pre-trial Section 2, Rule 2. Cause of action, defined. A cause of
5. Trial action is the act or omission by which a party violates a right Note: Only one suit is allowed to be filed for every
6. Judgment of another. cause of action. However, a single suit may contain
7. Post-judgment remedies multiple causes of action. This is known as joinder of
8. Execution and satisfaction of judgments Based on substantive law. It is substantive law which causes of action. See Section 5, Rule 2.
supplies the legal basis for the existence of the right itself and
COMPLAINT the corresponding legal prerogative to demand its protection. Joinder of causes of action. This is the joining of two causes
of action on one complaint.
The Rules are not self-executing. Even a court, vested by Sources of causes of action. Causes of action in civil • Example: C owes D P1M and another P2M in a
law with jurisdiction over certain subject matters, cannot, on proceedings actually arise from the traditional sources of a separate promissory note. D has 2 causes of action
its own initiative, take cognizance of a case and try to settle civil obligation like law, contracts, quasi-contracts, crimes. against C. D can either file 2 separate actions, or he
conflicting claims between and among individuals. quasi-delicts may join the 2 causes of action in one suit.
Section 5, Rule 1. A civil action is commenced by the filing No cause of action, no right of action. The right of action is Section 5, Rule 2. Joinder of causes of action. A party may
of the original complaint in court. If an additional defendant the right to file a suit. Without a violation of one’s right, there in one pleading assert, in the alternative or otherwise, as many
is impleaded in a later pleading, the action is commenced with can be no cause of action. Without this cause of action, there causes of action as he may have against an opposing party,
regard to him on the date of the filing of such later pleading, would be no right to invoke the rules of procedure and file a subject to the following conditions:
irrespective of whether the motion for its admission, if suit against the defendant. (a) The party joining the causes of action shall comply
necessary, is denied by the court. with the rules on joinder of parties
Complaint must state cause of action. It is not enough that a (b) The joinder shall not include special civil actions or
Complaint commences civil action. The complaint is the party has a cause of action. The plaintiff must sufficiently actions governed by special rules;
first document, technically called a pleading, which is filed in allege those ultimate facts which, taken together, constitute (c) Where the causes of action are between the same
one’s cause of action. parties but pertain to different venues or jurisdictions,
the joinder may be allowed in the Regional Trial own motion, the rules on venue preclude a court from • When required by contractual stipulations, parties
Court provided one of the causes of action falls within dismissing a complaint motu proprio except when authorized need to undergo arbitration processes before seeking
the jurisdiction of said court and the venue lies by a special rule like the 1991 Revised Rules on Summary judicial relief.
therein; and Procedure.
(d) Where the claims in all the causes of action are Conditions precedent that constitute element of cause of
principally for recovery of money, the aggregate Parties may stipulate on venue; restrictive stipulation. If action. There are conditions precedent which actually
amount claimed shall be the test of jurisdiction
the parties have agreed in writing on the exclusive venue prior constitute elements of the plaintiff’s cause of action.
Section 6, Rule 2. Misjoinder of causes of action.
to the filing of the action, then the place stipulated is the only • Demand to collect money. An action for collection
Misjoinder of causes of action is not a ground for dismissal of venue. This restrictive type of stipulation precludes the filing of a sum of money must be preceded by a demand
an action. A misjoined cause of action may, on motion of a of the action in some other place. [only in Manila] because only then can the obligor be considered in
party or on the initiative of the court, be severed and default under Article 1169 of the Civil Code.
proceeded with separately. Permissive stipulation. Parties may also stipulate a venue • Demand to pay and vacate. Under Section 2, Rule
that is not intended to be the exclusive venue for the action. A 70, an action for unlawful detainer predicated upon
Jurisdiction permissive stipulation operates to provide an additional venue the non-payment of rentals must only come after a
for the action in addition to those set by the rules. [shall be demand upon the defendant to pay and vacate the
After the determination that a cause of action exists, but filed in Manila. Note that it is not accompanied by restrictive premises is left unheeded.
before preparing the complaint, inquiry into the laws on words.] • Attempt to settle family disputes. Under Article 151
jurisdiction is a must because the filing of a complaint with
the wrong court may be dismissed upon motion by the adverse of the Family Code, actions between members of the
Parties same family must be preceded by attempts to have the
party or upon the court’s own motion. Dismissal is inevitable
because any judgement rendered by a court without controversy settled and compromised.
The party or his counsel must see to it that the rules on parties
jurisdiction is nullity.
are complied with. Preparation of the complaint
See discussion on jurisdiction 1. Complaint must state ultimate facts
Prescription and conditions precedent 2. Complaint must specify relief sought
Note: Only jurisdiction over the subject matter is conferred by 3. Complaint must be dated
substantive law. Jurisdiction over the parties, issues and res is Prescription is a ground for dismissal. Is the action barred 4. Complaint must be signed by the party or his counsel
governed by procedural laws. by the statute of limitations? If so, then the right of action has 5. Complaint must designate the address of the party or
ceased because the action has already prescribed. Prescription his counsel
Venue is a ground for dismissal. And when an action is dismissed on 6. Complaint and other initiatory pleading must be
the ground of prescription, the refiling of the same action or accompanied by a certification against forum
Venue. Venue is the place where the action is to be filed. claim is barred. shopping
A complaint, even if filed in the court with appropriate
Conditions precedent in certain cases. There are actions Complaint must specify relief. The complaint must specify
jurisdiction, runs the risk of being dismissed if commenced in
which require the performance of conditions precedent to the the relief sought although the rule allows the addition of a
the wrong place.
filing of a complaint in courts. general prayer for such other reliefs as the court may deem
Dismissal at the instance of the adverse party. Unlike laws • There are certain cases that require conciliation just or equitable. But note that the nature of the cause of
proceedings before invoking judicial intervention. action is primarily determined by the allegations in the body
on jurisdiction which authorize dismissal by the court on its
of the complaint and not by the prayer alone.
When the complaint is filed and the prescribed fees are paid, 2. Means of notification. Service of summons also
Complaint must be dated. the civil action is commenced. represents compliance with the rule on notice—an
essential element of due process.
Complaint must be signed. It must be signed by the party or SUMMONS
by the counsel representing him. Signing the complaint is Motion for bill of particulars
mandatory because an unsigned pleading produces no effect. Summons, when issued. Upon filing of the complaint and the
• Signature of counsel. When it is the counsel who payment of the required fees, the clerk of court shall issue the Purpose of motion of bill of particulars. The bill serves to
signs the pleading, his signature constitutes a corresponding summons to the defendant. clarify ambiguities in the complaint to enable the defendant to
certificate by him that: formulate an intelligent answer or responsive pleading.
o he has read the pleading Summons; start of civil procedure for defendants. For the
o to the best of his knowledge, information, and defendant, the service of summons represents the usual Motion to dismiss
belief, there are good grounds to support it, beginning of civil procedure. The summons orders the
and defendant to file an answer to the complaint and also reminds Motion to dismiss at the instance of the plaintiff. If, after
o it is not interposed for delay. him that, unless he does so, the court may render a judgment the complaint has been filed and after service of the answer or
against him by default and grant to the plaintiff the relief motion for summary judgment, the plaintiff has doubts as to
Provisional remedies applied for. the need to pursue the complaint filed, he may file a motion to
dismiss his complaint. However, a plaintiff may ask for
Provisional remedies. These are temporary reliefs that may Summons; how served. The summons and the copy of the dismissal of his complaint by a mere notice of dismissal
be availed of by a party in the meantime that the main action complaint are served upon the defendant in person but if he instead of a motion to dismiss, before the adverse party has
is being litigated and there is yet no final judgment in the case. cannot be served despite diligent efforts, summons may be served an answer or a motion for summary judgment.
• Preliminary attachment served by an alternative mode called substituted service
• Preliminary injunction whereby the summons is served at the residence of the Motion to dismiss at the instance of the defendant. If, from
• Receivership defendant or his regular place of business with a person the reading of the complaint, a solid basis exists for the
qualified to receive the summons in accordance with the immediate dismissal of the action, the defendant may file a
• Replevin
Rules. See future discussions. motion to dismiss instead of filing his answer.
• Support pendente lite
Summons; purpose. The service of summons serves the Motion to dismiss at the instance of the court. The court
Filing of the complaint
following purposes: may, on its motion, dismiss a complaint on the following
Filing of the complaint. The filing of the complaint is the act 1. Means of acquiring jurisdiction over the person of grounds:
of presenting the same before the clerk of court. the defendant. The filing of the complaint enable the 1. Lack of jurisdiction over the subject matter
court to acquire jurisdiction over the person of the 2. Litis pendentia
Payment of docket fees. When an action is filed, it must be plaintiff but this does not extend to the person of the 3. Res judicata
accompanied by payment of the requisite docket and filing defendant. Absent a voluntary appearance, it is the 4. Prescription
fees because the court acquires jurisdiction over the case only service of summons that places even the unwilling
after said payment. defendant under the jurisdiction of the court. Motion to dismiss is an omnibus motion. A MTD is an
omnibus motion because it attacks a pleading by seeking its
dismissal. As such, it shall include all objections available

otherwise they shall be considered waived, except certain resolution. This is mandatory and failure to appear thereat will No oral judgment. The judgment must be in writing,
defenses like: (1) Lack of jurisdiction over the subject matter; result in adverse consequences for the adverse party. personally and directly prepared by the judge, stating clearly
(2) Litis pendentia; (3) Res judicata; and (4) Prescription. the facts and the law on which it is based, signed by him, and
Plaintiff fails to appear. The unjustified failure of the filed with the clerk of court.
If no MTD is filed. If no MTD is filed, any of the ground for plaintiff to appear shall be cause for the dismissal of action,
the dismissal provided in the rules governing a MTD may be with prejudice unless otherwise ordered by the court. POST-JUDGMENT REMEDIES
pleaded as an affirmative defense in the answer and in the The judgment is not the end for the losing party for he is
discretion of the court, a preliminary hearing may be had on Defendant fails to appear. The unjustified failure of the afforded remedies against the adverse judgment.
the defense relied upon as if a timely MTD has been filed. defendant to appear shall be a cause for the court to allow the 1. Remedies before the judgment becomes final and
plaintiff to present his evidence ex parte. executory
Dismissal generally without prejudice. The dismissal of a a. Motion for reconsideration
complaint through a MTD does not necessarily preclude the Pre-trial briefs. At least 3 days before the date of the pre- b. Motion for new trial
refiling of the same. For instance, plaintiff may refile the case trial, the parties are required to file with the court and serve c. Appeal
with the court having proper jurisdiction or in the proper upon each other their pre-trial briefs. Failure to do so shall be 2. Remedies after the judgment becomes final and
venue. equivalent to failure to appear at the pre-trial. executory
a. Petition for relief
Dismissal with prejudice. In the following instances, Pre-trial order. After the pre-trial, the court shall control the b. Action to annul the judgment
dismissal is with prejudice to the refiling of the same claim: subsequent course of the action, unless the same is modified c. Certiorari
1. Bar by prior judgment for reasons of justice. d. Collateral attack against the judgment when
2. Statute of limitations the nullity thereof is plain and evident on its
3. Claim is unenforceable under the statute of frauds TRIAL face
If the parties fail to reach a compromise or amicable
ANSWER settlement, the case will be set for trial and the parties shall EXECUTION AND SATISFACTION OF JUDGMENTS
Answer. An answer is a responsive pleading to the complaint. present their evidence on their claims and defenses. When all the remedies available to a party have been
It gives notice to the plaintiff as to which allegations in the exhausted and the case is finally decided, the judgment of the
complaint the defendant decides to contest and put in issue. If Trial not indispensable. A judgment may be rendered even court shall then be subject to execution. This is the remedy
there exists no ground for a motion to dismiss or if the motion without a trial as when a case is permanently dismissed as a afforded by procedural rules for the enforcement of the
is rightfully denied, the defendant has to file his answer. consequence of a motion to dismiss on certain grounds like judgment.
prescription or bar by a prior judgment. A judgment may also
Failure to answer. Failure of the defending party to file an be rendered based on the pleadings. A judgment upon a
answer entitle the claiming party to file a motion to declare compromise may also be rendered even without a trial.
him in default.
JUDGEMENT
PRE-TRIAL Judgement. This is the decision of the court and represents its
Pre-trial. in a pre-trial, the parties shall, among others, official determination of the respective rights and obligations
consider the possibility of an amicable settlement or of the parties to the case.
submission of the case to alternative modes of dispute

RULE 2: CAUSES OF ACTION ad majorem dei gloriam CIVIL PROCEDURE
b. Declaratory relief and similar remedies; personal and real action is a classification according to
RULE 2 c. Review of judgments and final orders or resolutions of foundation. Hence, an action in personam is not necessarily a
CAUSE OF ACTION the Commission on Elections and the Commission on personal action. Nor is a real action necessarily in rem.
Actions Audit;
1. Action defined d. Certiorari, prohibition, and mandamus; Real action v personal action
2. Civil and criminal actions and special proceedings e. Quo warranto; Actions classified according to foundation
3. Real action v personal action f. Expropriation;
4. Actions in rem, quasi in rem and in personam g. Foreclosure of real estate mortgage; Important for determining venue of the action. Questions
h. Partition; involving the propriety or impropriety of a particular venue are
Cause of action i. Forcible entry and unlawful detainer; resolved by initially determining the nature of the action, i.e., if
1. Cause of action defined j. Contempt. the action is personal or real.
2. Elements of cause of action
3. Failure to state cause of action v lack of cause of action Criminal action. A criminal action is one by which the State Real Action Personal Action
4. Cause of action v right of action prosecutes a person for an act or omission punishable by law. When it affects title to Recovery of personal
5. Splitting a cause of action or possession of real property, the enforcement
6. Joinder of causes of action Special proceeding. A special proceeding is a remedy by which Scope property, or an interest of a contract or the
7. Misjoinder of causes of action a party seeks to establish a status, a right, or a particular fact. therein Section 1, Rule recovery of damages
Special proceedings are enumerated in Section 1 of Rule 72 as 4)
ACTIONS follows: When it is founded Founded on privity of
upon the privity of a contract such as damages,
a. Settlement of estate of deceased persons;
Action defined. An action is the legal and formal demand of real estate. The realty or claims of money, etc.
b. Escheat; interest therein is the (Paper Industries
one’s right from another person made and insisted upon in a c. Guardianship and custody of children; subject matter of the Corporation of the
court of justice d. Trustees; action. Philippines v. Samson)
• Action and suit are synonymous but the determinative e. Adoption;
operative act which converts a claim into an action or f. Rescission and revocation of adoption; NOTE: It is important
suit is the filing of the same with a court of justice. g. Hospitalization of insane persons; that the matter in
h. Habeas corpus; litigation must also
Basis
Civil and criminal action and special proceedings i. Change of name; involve any of the
j. Voluntary dissolution of corporations; following issues:
Civil action. A civil action is one by which a party sues another k. Judicial approval of voluntary recognition of minor 1. Title
for the enforcement or protection of a right, or the prevention or natural children; 2. Ownership
redress of a wrong. 3. Possession
l. Constitution of family home;
4. Partition
• A civil action may either be ordinary or special. Both are m. Declaration of absence of death;
5. Foreclosure of
governed by the rules for ordinary civil actions, subject n. Cancellation or correction of entries in the civil registry mortgage
to the specific rules prescribed for a special civil action. 6. Any interest in
This enumeration is not exclusive real property
The following are special civil actions as presently embodied in A real action is ‘local’ A personal action is
the Civil Code: Classification of actions. An action in personam or an in rem Venue – i.e., its venue depends ‘transitory’ – i.e., its
a. Interpleader; action is a classification according to the object of the action. A upon the location of the venue depends upon the
property involved in the residence of the plaintiff recover ownership to the land since the purchaser’s inchoate title Actions in rem, quasi in rem and in personam
litigation. or the defendant. to the property becomes consolidated after [the] expiration of the Actions classified according to the object of the action
Venue of action shall be Venue of action is the redemption period. Either way, redemption involves the title to
commenced and tried in place where the plaintiff the foreclosed property. Commodities Storage & Ice Plant Corp. Important to determine WON jurisdiction is required. The
the proper court which or any of the principal v. Court of Appeals distinction is important to determine whether or not jurisdiction
has jurisdiction over the plaintiffs resides, or over the person of the defendant is required and consequently to
area wherein the real where the defendant or Extrajudicial foreclosure of property is a real action. It results determine the type of summons to be employed.
property involved, or a any of the principal in a conveyance of the title of the property sold to the highest
portion thereof is defendants resides, or in bidder at the sale, hence affecting the title of the property sold. It See next page for summary
situated Section 1, Rule the case of a non- is therefore a real action. Fortune Motors, (Phils.), Inc., v. Court
4) resident defendant where of Appeals Forcible entry/unlawful detainer is a real action in personam.
he may be found, at the It is so because the plaintiff seeks to enforce a personal
election of the plaintiff Annulment for sale is a real action. The action for annulment obligation or liability on the defendant to vacate the property
Section 2, Rule 4 of sale and his claim for damages are closely intertwined with the subject of the action, restore physical possession thereof to the
1. Unlawful 1. Specific issue of ownership of the building which, under the law, is plaintiff, and pay actual damages by way of reasonable
detainer performance considered immovable property, the recovery of which is
compensation for his use or occupation of the property. Hence,
2. Forcible entry as long as petitioner’s primary objective. Hence, it is a real action
jurisdiction over the parties must be acquired for a valid
3. Accion does not Punsalan, Jr. v. Vda. de Lacsamana
judgment. Since the defendant was a non-resident at the time of
publiciana involve
Exam Specific performance to issue TCT is a real action. The service of summons and the rules on substituted service were not
4. Accion claim or
ples complaint is entitled to be one for specific performance, but complied with, the decision of the court a quo ordering the
reinvindicatoria recovery or
5. Quieting of ownership of complainant asked that a deed of sale of a parcel of land be defendant to vacate the premises is null and void. Domagas v
title RP issued in his favor and that a transfer certificate of title covering Jensen
6. Removing of 2. Annulment said land be issued to him. The primary objective and nature of
cloud of contracts the action is to recover the parcel of land itself because to Action to recover a parcel of land is a real action in
execute in favor of complainant the conveyance requested there personam. An action to recover a parcel of land is a real action
Not all actions dealing with real property are real actions. is need to make a finding that he is the owner of the land which but it is an action in personam, for it binds a particular individual
Not every action however, involving a real property is a real in the last analysis resolves itself into an issue of ownership. Ruiz only although it concerns the right to a tangible thing. Republic v
action because the realty may only be incidental to the subject v. J. M. Tuason Co., Inc., et al., CA
matter of the suit. To be a real action, it is not enough that the
Delivery of certificate of title is a real action. The court ruled Action for foreclosure of mortgage is an action in personam.
action must deal with real property. It is important that the matter
that "although the main relief sought in the case at bar was the Being in personam, the Court could not validly acquire
in litigation must also involve any of the following issues: title
delivery of the certificate of title, said relief, in turn, entirely jurisdiction on a non-appearing defendant, absent a personal
to, ownership, possession, partition, foreclosure of mortgage, or service of summons within the forum. The proper recourse for a
depended upon who, between the parties, has a better right to the
any interest in real property. creditor in the same situation as petitioner is to locate properties,
lot in question. As it is not possible for the court to decide the
main relief, without passing upon the claim of the parties with real or personal, of the resident defendant debtor with unknown
Examples address and cause them to be attached under Rule 57, section
respect to the title to and possession of the lot in question, the
1(f), in which case, the attachment converts the action into a
claim shall be determined x x x in the province where [the] said
Action to redeem by mortgage debtor is real action. If the proceeding in rem or quasi in rem and the summons by
property or any part thereof lies. Espineli & Mojica v. Hon. publication may then accordingly be deemed valid and effective.
action is seasonably made, it seeks to erase from the title of the
judgment or mortgage debtor the lien created by registration of Santiago and Vda. de Ramirez Citizens Surety v Melencio-Herrera
the mortgage and sale. If not made seasonably, it may seek to
Action in Rem Action in Personam Action Quasi in Rem
A proceeding to determine title, status or condition of A proceeding to enforce personal rights and obligations brought against A proceeding to subject the property of the named
property within its borders. the person and is based on the jurisdiction of the person, although it may defendant or his interests therein to the obligation or lien
Or involve his right to, or the exercise of ownership of, specific property, or burdening the property
Nature Action against the thing itself. seek to compel him to control or dispose of it in accordance with the
mandate of the court. Names a person as a defendant but its object is to subject
that person’s interest in a property to a corresponding lien
or obligation.
A proceeding to bar indifferently all who might be To impose through the judgment of a court, some responsibility or Deals with the status, ownership or liability of a particular
minded to make any objection against the right sought liability directly upon the person of the defendant. Domagas v. Jensen property but which are intended to operate on these
Purpose to be enforced, hence the judgment therein is binding questions only as between the particular parties to the
theoretically upon the whole world. proceedings and not to ascertain or cut-off the rights or
interests of all possible claimants. Domagas v. Jensen
Directed against the thing itself instead of against the Directed against particular persons and seek personal judgment. Directed against particular persons with respect to the res.
Scope
person; hence it is binding against the whole world Domagas v. Jensen
Jurisdiction over the person of the defendant is not Jurisdiction over the person of the defendant is required. Biaco v. Jurisdiction over the person of the defendant is not required
required. Jurisdiction over the res is acquired either: Philippine Countryside Rural Bank as long as jurisdiction over the res is acquired Biaco v.
1. by the seizure of the property under legal Philippine Countryside Rural Bank
Required
process; or
Jurisdiction
2. as a result of the institution of legal
proceedings
Biaco v. Philippine Countryside Rural Bank
Judgment is binding upon the whole world. Judgment is binding only upon parties impleaded or their successors-in- Judgment will be binding only upon the litigants, their
interest but not upon strangers. Muñoz v. Yabut. privies, and their successors-in-interest, but the judgment
Effect of shall be executed against a particular property. The res
Judgment involved will answer for the judgment.
1. Probate proceedings 1. Action for specific performance 1. Action for partition;

2. Cadastral proceedings 2. Action for breach of contract; or 2. Action for accounting
Example 3. Land registration proceedings 3. Action for a sum of money or damages 3. Attachment; or
4. Adoption, correction of birth certificate entries 4. Action for unlawful detainer or forcible entry 4. Foreclosure of mortgage- but see Herrera case
5. Foreclosure of mortgage. Herrerra case
satisfying the due process requirements. A resident defendant who
Summary Jurisdiction over the res is acquired either (1) by the seizure of the does not
Action personam. In an action in personam, jurisdiction over the property under legal process, whereby it is brought into actual
person of the defendant is necessary for the court to validly try and custody of the law; or (2) as a result of the institution of legal voluntarily appear in court, must be personally served with
decide the case. proceedings, in which the power of the court is recognized and made summons. If she cannot be personally served with summons within a
effective. reasonable time, substituted service may be effected (1) by leaving
In a proceeding in rem or quasi in rem, jurisdiction over the person copies of the summons at the defendant’s residence with some
of the defendant is not a prerequisite to confer jurisdiction on the Nonetheless, summons must be served upon the defendant not for person of suitable age and discretion then residing therein, or (2) by
court provided that the court acquires jurisdiction over the res. the purpose of vesting the court with jurisdiction but merely for leaving the copies at defendant’s office or regular place of business
with some competent person in charge thereof in accordance with Determining cause of action. The question as to whether a Test of sufficiency. The test is whether the court can render a
Sec. 7, Rule 14 of the Rules of Court. plaintiff has a cause of action is determined by the averments valid judgment upon the averments in the pleading in
in the pleadings pertaining to the acts of the defendant. accordance with the prayer in the complaint, assuming that the
CAUSE OF ACTION facts alleged are true.
• Caption not controlling. The cause of action in a
complaint is not what the designation of the complaint • Truth is not the focus. Since the inquiry is into the
Section 1, Rule 2. Ordinary civil actions, basis of. Every sufficiency, not the veracity, of the material
ordinary civil action must be based on a cause of action. states but what the allegations in the body of the
allegations, it follows that the analysis should be
complaint define and describe. The designation or the
confined to the four corners of the complaint. The
• Without a cause of action, one cannot seek judicial caption of the complaint is not controlling for it is not truth of the averments will be tested and determined
relief for violation of one’s rights. even an indispensable part of the complaint. in the trial and not at the time of the filing of the
complaint.
Section 2, Rule 2. Cause of action, defined. A cause of Complaint must state cause of action. Sufficiency of cause
action is the act or omission by which a party violates a right of action. The plaintiff’s cause of action must not be merely Finding that the complaint states a cause of action. A
of another. stated but more importantly, the statement thereof should be finding that a complaint sufficiently states a cause of action
sufficient. The plaintiff must sufficiently allege those ultimate does not necessarily mean that the complaint is meritorious; it
• Action v cause of action. An action is the suit filed in facts which, taken together, constitute one’s cause of action. shall only result in the hearing of the case for presentation of
court for the enforcement of a right, or the prevention Zuñiga-Santos v Santos-Gran evidence by the parties.
or redress of a wrong. A cause of action is the basis of • Test of sufficiency. The elementary test in a MTD on
the action filed. such ground is WON the complaint alleges facts Failure to sate cause of action vs lack of cause of action
which if true would justify the relief demanded.
Elements of a cause of action • Ultimate facts considered. It has been held that only Failure to state cause of action. A complaint states a cause
ultimate fact or essential facts and not legal of action if it sufficiently avers the existence of the 3 essential
L.O.V conclusions or evidentiary facts are considered for elements of a cause of action. If the allegations of the
purposes of applying the test. A fact is essential if complaint do not state the concurrence of these elements, then
1. A legal right in favor of the plaintiff;
they cannot be stricken out without leaving the the complaint becomes vulnerable to a motion to dismiss on
2. An obligation on the part of the named defendant to
statement of cause of action inadequate. the ground of failure to state cause of action.
respect or not to violate such right; and
3. Act or omission on the part of such defendant in Must appear on the face; extraneous facts not considered. Failure to state cause of action and lack of cause of action
violation of the right of the plaintiff; or constituting a The sufficiency of the statement of cause of action must are different.
breach of the obligation of the defendant to the appear on the face of the complaint and its existence is only
plaintiff for which the latter may maintain an action determined by the allegations of the complaint. Extraneous Failure to state cause of Lack of cause of action
for recovery of damages or other appropriate relief. facts or other matters aliunde are not considered. action
• Exception; annexes of the complaint may be Insufficiency of the Insufficiency of the factual
Sources of causes of action. Causes of action in civil allegations of the complaint basis for the action
considered. The court may considered annexes or
proceedings actually arise from the traditional sources of a Raised in a motion to Raised in a demurrer to
documents, other pleadings of the plaintiff, or
civil obligation like law, contracts, quasi-contracts, crimes. dismiss under Rule 16 evidence under Rule 33
quasi-delicts. admissions in the records, the reason is that such
before a responsive pleading
annexes are considered parts of the complaint. is filed
Sealand Service, Inc v CA Can be determined only Can be determined after the
from the allegations of the plaintiff has rested his case
pleading and not from and can be resolved only on 5. Generates unnecessary expenses to the parties A complaint for the recovery of personal property with
evidentiary matters. the basis of the evidence he damages for detention states a single cause of action which
has presented Test to ascertain whether the two suits relate to a single or cannot be divided into an action for possession and one for
common cause of action damages. The act of a defendant in taking possession of the
plaintiffs land by means of force and intimidation constitutes a
Cause of Action v Right of Action 1. Same evidence test. Whether the same evidence single act of dispossession but gives rise to two reliefs: (a)
would support and sustain both the first and second
Cause of Action Right of Action recovery of possession, and (b) damages arising from the loss
causes of action
It is the act or omission by Right of a plaintiff to bring of possession. Both of these reliefs result from a single wrong
which a party violates the an action and to prosecute 2. Whether the defenses in one case may be used to
hence, constitute but a single cause of action. Santos v Moir
rights of another that action until final substantiate the complaint in the other;
judgment 3. Whether the cause of action in the second case existed Lease payments. When a lease provides for the payment of
at the time of the filing of the first complaint. Urn- ale
the rent in separate installments, each installment constitutes
No cause of action, no right of action. The right of action is v. Canoga Park Development Corporation an independent cause of action, but when, at the time of the
the right to file a suit. Without a violation of one’s right, there complaint is filed, there are several installments due, all of
can be no cause of action. Without this cause of action, there Relief should not be confused with cause of action. For
them constitute a single cause of action and should be
would be no right to invoke the rules of procedure and file a example, the non-payment of taxes gives rise to 2 reliefs: (a) included in a single complaint, and if some of them are not
suit against the defendant. recovery of unpaid taxes; and (b) recovery of surcharges.
included, they are barred. Rubio de Larena v Villanueva
These 2 reliefs are a result of a single cause of action—the
Splitting a cause of action non-payment of tax. Hence, they must be pursued in a single
A claim for partition of real property as well as
complaint.
Splitting of cause of action. It is the act of instituting two or improvements constitutes a single cause of action, and a
more suits on the basis of the same cause of action. It is the complaint for partition alone bars a subsequent complaint for
Examples
act of dividing a single or indivisible cause of action into the improvements. Lavarro vs. Labitoria
several parts or claims and bringing several actions thereon.
A party who sues and obtains a personal judgment against
This practice, which applies not only to complaints but also to Anticipatory breach. As a general rule a contract to do
a defendant upon a note, waives thereby his right to several things at several times is divisible in its nature, so as to
counterclaims and crossclaims, is discouraged.
foreclose the mortgage securing it. For non-payment of a authorize successive actions; and a judgment recovered for a
note secured by mortgage, the creditor has a single cause of single breach of a continuing contract or covenant is no bar to
One suit for a single cause of action. A party may not
institute more than one suit for a single cause of action. action against the debtor—the non-payment of debt. Though a suit for a subsequent breccach thereof. But if the obligor
Section 3, Rule 2. the debt and the mortgage constitute separate agreements, the manifests an unqualified and positive refusal to perform a
• Otherwise, there will be splitting of a single cause of latter is subsidiary to the former, and both refer to one and the contract, though the performance of the same is not yet due,
action which is prohibited. same obligation. Plaintiff, then, cannot split up his single and the renunciation goes to the whole contract, it may be
cause of action by filing a complaint for payment of the debt, treated as a complete breach, which will entitle the injured
Rationale behind the prohibition against splitting and thereafter another complaint for foreclosure of the party to bring his action at once. In this case, the breach is
mortgage. If he does so, the filing of the first complaint will considered a total breach and there can only be one action and
1. Breeds multiplicity of suits; bar the subsequent complaint. Bachrach Motor Co v the plaintiff must recover all his damages therein. Blossom &
2. Clogs the court dockets; Co. vs. Manila Gas Corporation
Icarangal
3. Leads to vexatious litigation;
4. Operates as an instrument of harassment; and Splitting a single cause of action; effect of
Example: C is the creditor of D and E for 300,000 each. Both
If two or more suits are instituted on the basis of the same Example: C owes D P1M and another P2M in a separate debts are due and have been contracted separately. Can and E
cause of action, the filing of one or a judgment upon the promissory note. D has 2 causes of action against C. D can be joined as defendants in the same complaint?
merits in any one is available as a ground for the dismissal of either file 2 separate actions, or he may join the 2 causes of • No. Where a party sues 2 or more defendants, it is
the others. Section 4, Rule 2. action in one suit. necessary for the causes of action to arise out of the
SAME transaction or series of transaction and that
Remedy of the defendant is to file a motion to dismiss Requisites of joinder of causes of action there should be a question of fact or law common to
o Litis pendencia. If the first action is pending them.
when the second action is filed, the latter may Joinder of causes of action. A party may in one pleading
be dismissed based on litis pendencia, i.e., assert, in the alternative or otherwise, as many causes of Joinder of claims in small claims cases. The plaintiff may
there is another action pending between the action as he may have against an opposing party, subject to join in a single statement of claim one or more separate small
same parties for the same cause the following conditions: claims against a defendant provided that the total amount
o Res judicata. If a final judgment had been (a) The party joining the causes of action shall comply claimed, exclusive of interests and costs, does not exceed
rendered in the first action when the second with the rules on joinder of parties P100,000. Section 6, A.M. No. 08-8-7-SC, as amended
action is filed, the latter may be dismissed (b) The joinder shall not include special civil actions or
based on res judicata, i.e., that the cause of actions governed by special rules; Misjoinder of causes of action
action is barred by a prior judgment. (c) Where the causes of action are between the same
parties but pertain to different venues or Misjoinder of causes of action. There is a misjoinder when
Note: Only one suit is allowed to be filed for every cause of jurisdictions, the joinder may be allowed in the two or more causes of action were joined in one complaint
action. However, a single suit may contain multiple causes of Regional Trial Court provided one of the causes of when they should not be so joined.
action. This is known as joinder of causes of action. See action falls within the jurisdiction of said court and • This is not a ground for dismissal of an action. A
Section 5, Rule 2. the venue lies therein; and misjoined cause of action may, on motion of a party
(d) Where the claims in all the causes action are
or on the initiative of the court, be severed and
Joinder of causes of action principally for recovery of money, the aggregate
proceeded with separately by filing a motion in
amount claimed shall be the test of jurisdiction.
Joinder of causes of action. This is the joining of two causes Section 5, Rule 2 relation thereto.
of action on one complaint. It is the assertion of as many
causes of action a party may have against another in one Rule on joinder merely permissive, not compulsory. A Effect; misjoinder of causes of action. Misjoinder of causes
pleading alone. joinder of causes of action is only permissive, not of action is not a ground for dismissal of an action. A
compulsory; hence, a party may desire to file a single suit for misjoined cause of action may be severed and proceeded
Joinder of causes of action. A joinder of causes of action is with separately:
each of his claims. The Rule uses the word may and not shall.
meant the uniting of two or more demands or rights of action 1. on motion of a party or
in one action, the statement of more than one cause of action 2. on the initiative of the court, Section 6, Rule 2.
Joinder when there are multiple parties
in a declaration. It is the union of two or more civil causes of a. Right to relief exists in favor of or against several
action, each of which could be made the basis of a separate Action of partition and rescission cannot be joined in a
persons;
suit, in the same complaint, declaration or petition. A plaintiff single action. An action for partition is a special civil action
b. Right to relief arises out of the same transaction or
may under certain circumstances join several distinct governed by Rule 69 of the Rules of Court while an action for
series of transaction; and
demands, controversies or rights of action in one declaration, rescission is an ordinary civil action governed by the ordinary
c. There is common question of law of law or fact.
complaint or petition. Ada v Baylon rules of civil procedure. The variance in the procedure in the
special civil action of partition and in the ordinary civil action
of rescission precludes their joinder in one complaint or their When misjoinder results to dismissal. While a misjoinder of
being tried in a single proceeding to avoid confusion in causes of action is not a ground for dismissal, yet if the
determining what rules shall govern the conduct of the plaintiff refuses to sever the cause of action as ordered by the
proceedings as well as in the determination of the presence of court, the complaint may be dismissed conformably with the
requisite elements of each particular cause of action. Ada v mandate of Section 3 of Rule 17, which authorizes the
Baylon dismissal of a complaint for, among others, failure to comply
with the order of the court. Salvador v Patricia
Exception; Misjoined causes of action may be adjudicated
Simplified rules on joinder of causes of action
together if not severed. A misjoined cause of action, if not
severed upon motion of a party or by the court sua sponte, General rule: Multiple causes of action may be joined in one
may be adjudicated by the court together with the other causes suit.
of action. Indeed, the courts have the power, acting upon the • Exception: When there is misjoinder. See Section 5,
motion of a party to the case or sua sponte, to order the Rule 2.
severance of the misjoined cause of action to be proceeded o Exception to the exception. Misjoined
with separately. However, if there is no objection to the causes of action may be adjudicated
improper joinder or the court did not motu proprio direct a simultaneously if there is no objection to the
severance, then there exists no bar in the simultaneous improper joinder or the court did not motu
adjudication of all the erroneously joined causes of action. proprio direct a severance.
Ada v Baylon
Misjoinder of causes of action is not jurisdictional.

Misjoinder of causes of action and parties do not involve a
question of jurisdiction of the court to hear and proceed with
the case. They are not even accepted grounds for dismissal
thereof. Instead, under the Rules of Court, the misjoinder of
causes of action and parties involve an implied admission of
the court’s jurisdiction. It acknowledges the power of the
court, acting upon the motion of a party to the case or on its
own initiative:
1. to order the severance of the misjoined cause of
action,
2. to be proceeded with separately (in case of misjoinder
of causes of action); and/or
3. the dropping of a party and the severance of any claim
against said misjoined party, also to be proceeded
with separately (in case of misjoinder of parties.
Republic v Herbieto

RULE 3: PARTIES TO CIVIL ACTIONS ad majorem dei gloriam CIVIL PROCEDURE
RULE 3 Plaintiff. The plaintiff is the claiming party or more c. Corporations, partnerships and associations for
appropriately, the original claiming party and is the one who private interest or purpose to which the law grants a
PARTIES TO CIVIL ACTIONS files the complaint. juridical personality, separate and distinct from that of
1. Main categories of parties • The term, however, does not exclusively apply to the each shareholder, partner or member
2. Who may be parties original plaintiff. The term plaintiff may refer to the
3. Effect when a party is not authorized to be a party claiming party, the counterclaimant, the cross- Entities authorized by law to be parties. As long as an
4. Lack of legal capacity vs lack or legal personality claimant, or the third (fourth, etc.) — party plaintiff. entity is authorized by law to be a party, such entity may sue
5. Real party in interest or be sued or both, even if it is neither a natural nor a juridical
a. Determining real party in interest Defendant. The term defendant may refer to the original person.
b. Doctrine of locus standi defending party, the defendant in a counterclaim, the cross- a. Corporation by estoppel is precluded from denying its
c. Representative parties defendant, or the third (fourth, etc.) — party defendant. existence and the members thereof can be sued and be
6. Classification of parties-in-interest held liable as general partners. Section 21,
a. Indispensable parties Alternative defendants. Where the plaintiff is uncertain Corporation Code
b. Necessary parties against who of several persons he is entitled to relief, he may b. A contract of partnership having a capital of three
c. Unwilling co-plaintiffs join any or all of them as defendants in the alternative, thousand pesos or more but which fails to comply
7. Permissive joinder of parties although a right to relief against one may be inconsistent with with the registration requirements is nevertheless
8. Misjoinder and non-joinder of parties a right of relief against the other. Section 13, Rule 3 liable as a partnership to third persons. Article 1772 in
9. Other parties relation to Article 1768, NCC
a. Spouses Unknown identity or name of defendant. Whenever the c. Estate of a deceased person
b. Minor or incompetent persons identity or name of a defendant is unknown, he may be sued d. A legitimate labor organization may sue and be sued
c. Plaintiff in environmental cases as the unknown owner heir devisee, or by such other
in its registered name. Article 242[e], Labor Code of
designation as the case may require, when his identity or true
10. Class suits the Philippines
name is discovered, the pleading must be amended
11. Death of a party in a pending suit e. The Roman Catholic Church may be a party and as to
accordingly. Section 14, Rule 3
a. Effect on the attorney-client relationship its properties, the archbishop or diocese to which they
b. Effect of non-compliance with rules on Who may be parties in civil actions belong; and
substitution of the deceased party Section 1, Rule 3 f. A dissolved corporation may prosecute and defend
c. Effect on the action suits by or against it provided that the suits:
d. Death or separation of a party who is a public 1. Natural persons; (a) Occur within three years after its
officer 2. Juridical persons: dissolution; and
12. Transfer of interest 3. Entities authorized by law (b) The suits are in connection with the
13. Notice to the Solicitor General settlement and closure of its affairs.
Juridical persons. Juridical persons who may be parties to a Section 112, Corporation Code
Main categories of parties in a civil action civil action are those enumerated in Article 44 of the Civil
Section 1, Rule 3 Code of the Philippines Entity without juridical personality as defendant. When
1. Plaintiff a. The State and its political subdivisions; two or more persons not organized as an entity with juridical
2. Defendant personality enter into a transaction, they may be sued under
b. Other corporations, institutions and entities for public
interest or purpose, created by law; and the name by which they are generally or commonly known.
Under the same provision, the responsive pleading of the • A complaint cannot possibly state a cause of action • It is an interest that is material and direct, as
entity sued must disclose the names and addresses of its against one who cannot be a party to a cause of action distinguished from a mere incidental interest in the
members since they are the persons ultimately liable to the question. Samaniego v Aguila
plaintiff. Section 15, Rule 3 Lack of legal capacity v lack of legal personality • It’s a direct benefit or injury from the judgement of
the suit. If it’s a consequential injury to a person, then
Lack of legal capacity to Lack of legal personality that person is not a real party in interest. Mayor
Effect when a party is not authorized to be a party sue to sue Rhustom Dagadag v Michael Tongnawa
It refers to plaintiff’s The plaintiff is not the real
When plaintiff not authorized to be a party to a case, general disability to sue party in interest. When suit not in the name of real party in interest,
dismissible for lack of capacity to sue. Where the complaint such as on account of dismissible for failure to state cause of action. The rules
is commenced by a plaintiff not authorized to be a party to a minority, insanity, require every action to be prosecuted or defended in the name
case, because it is not a natural or juridical person or a person incompetence, lack of
of the real party in interest. Otherwise, a motion to dismiss
authorized by law, it becomes dismissible on the ground of juridical personality or any
may be filed on the ground that the complaint states no cause
other general
lack of legal capacity to sue. Section 1[d], Rule 16 of action.
disqualifications of a party.
Ground for a motion to Ground for a motion to
Plaintiff has legal capacity to sue but not the real dismiss based on the ground dismiss for complaint states Salonga v Warner Barnes & Co.,
party in interest, dismissible for failure to state of lack of legal capacity to no cause of action The defendant was sued upon in its capacity as agent of
cause of action. Where the plaintiff has a legal sue Westchester Fire Insurance Company of New York in spite of
capacity to sue but not the person who should sue the fact that the insurance contract has not been signed by it.
because he is not the real party in interest, the REAL PARTY IN INTEREST The defendant did not assume any obligation thereunder either
complaint is dismissible on the ground that the as agent or as a principal. It cannot, therefore, be made liable
complaint states no cause of action. Parties in interest. A real party in interest is the party who under said contract, and hence it can be said that this case was
stands to be: B.I.A filed against one who is not the real party in interest. SC
When defendant not authorized to be a party to a case, 1. Benefited; dismissed the case.
dismissible for failure to state cause of action. Where it is 2. Injured by the judgment in the suit; or
the defendant who is not a natural or a juridical person or an 3. The party entitled to the avails of the suit. Determining real party in interest
entity authorized by law, the complaint may be dismissed on Unless otherwise authorized by law or these Rules, every
the ground that the pleading asserting the claim states no action must be prosecuted or defended in the name of the real Determining real party in interest. A cause of action
cause of action or failure to state a cause of action. Section party in interest. Section 2, Rule 3 involves the existence of a right and a violation of such right.
1[g], Rule 16 Evidently, the owner of the right violated stands to be the real
Interest must be real—substantial, direct, and material. party in interest as plaintiff and the person responsible for the
Capacity to sue and be sued must be averred. Facts To be a real party in interest, the interest must be real, which violation is the real party in interest as defendant.
showing the capacity of a party to sue or be sued or the is a present substantial interest as distinguished from a mere
authority of a party to sue or be sued in a representative expectancy or a future, contingent subordinate or Determining real party in interest; relativity of contracts.
capacity or the legal existence of an organized association of consequential interest. Rayo v Metrobank In a suit for violation of a contract, the parties in interest
persons that is made a party must be averred. Section 4, Rule would be those covered by the operation of the doctrine of
8
relativity of contracts under Article 1311 of the Civil Code of policy concerns. The question on real party in interest the beneficiary shall be included in the title of the case and
the Philippines, namely, the parties, their assignees and heirs. involves only WON a person would be benefited or injured by shall be deemed to be a real party-in-interest Section3, Rule 3
• A person who has not taken part in a contract cannot, the judgment or WON he is entitled to the avails of the suit. An agent acting in his own name and for the benefit of an
sue or be sued for performance or for cancellation • In private suits, standing is governed by the real party undisclosed principal may sue or be sued without joining the
thereof unless he shows that his interest is affected in interest rule. principal except when the contract involves things belonging
thereby. to the principal Section 3, Rule 3
• Exception: stipulation pour autrui. This is a Representative parties
stipulation expressly conferring benefits to a third CLASSIFICATIONS OF PARTIES-IN-INTEREST
person. Such person, in whose benefit the stipulation General rule. Unless otherwise authorized by law or these
was conferred by the parties, may demand the Rules, every action must be prosecuted or defended in the I.N.U
fulfillment of the contract and even sue under such name of the real party in interest. Section 2, Rule 3 1. Indispensable party;
contract, provided he accepted and communicated his 2. Necessary party; and
acceptance of the beneficial stipulation prior to its Exception. Some actions may be prosecuted or defended by a 3. Unwilling co-plaintiff
revocation. representative or someone acting in a fiduciary capacity.
Indispensable parties
Doctrine of locus standi Who may act as representatives. A representative may be a:
a. trustee of an expert trust; Indispensable party. an indispensable party is a party in
Doctrine of locus standi. Legal standing refers to a personal b. a guardian, an executor or administrator; interest without whom no final determination can be had of an
and substantial interest in a case such that the party has c. or a party authorized by law or these Rules. action. Section 7, Rule 3
sustained or will sustain direct injury because of the d. An agent acting in his own name and for the benefit
challenged act. This requires personal stake in the outcome of of an undisclosed principal may sue or be sued Indispensable property. An indispensable party is one who
the controversy. Osmeña III v Abaya without joining the principal except when the contract has such an interest in the controversy or subject matter that a
involves things belonging to the principal. Section 3, final adjudication cannot be made, in his absence, without
A party will be allowed to litigate only when he can Rule 3 injuring or affecting that interest. A party who has not only an
demonstrate that: interest in the subject matter of the controversy, but also has
1. He has personally suffered some actual or threatened Representatives as parties. Where the action is allowed to be an interest of such nature that a final decree cannot be made
injury because of the allegedly illegal conduct of the prosecuted and defended by a representative or someone without affecting his interest or leaving the controversy in
government acting in a fiduciary capacity, the beneficiary shall be such a condition that its final determination may be wholly
2. The injury is fairly traceable to the challenged action included in the title of the case and shall be deemed to be the inconsistent with equity and good conscience. He is a person
3. The injury is likely to be redressed by the remedy real property in interest. Section 3, Rule 3 in whose absence there cannot be a determination between the
being sought. Umali v JBC parties already before the court, which is effective, complete,
Action prosecuted in the name of the real party- in- or equitable. Moldes v Villanueva
Standing v party in interest. The concept of legal standing is interest. Every action must be prosecuted and defended in the
very different from questions relating to WON a particular name of the real party-in-interest Section 2, Rule 3 Examples
party is a real party in interest. Although both are directed Where the action is allowed to be prosecuted or defended by a
towards ensuring that only certain parties can maintain an representative party or someone acting in a fiduciary capacity, 1. Co-owners are indispensable parties in an action for
action, the concept of standing requires an analysis of broader extrajudicial settlement s. Moldes v Villanueva
2. In a suit based on breach of contract, the contracting • Any claim against a misjoined party may be severed 1. If complete relief is to be accorded to those already
parties are indispensable parties. St Luke’s College of and proceeded with separately. Section 11, Rule 3 parties; or
Medicine v Spouses Perez 2. For a complete determination or settlement of the
3. The one who holds legal title to the property is not an Heirs of Mesina v Heirs of Fian claim subject of the action. Section 8, Rule 3
indispensable party in a case for unlawful detainer
where the issue is one of possession. Philippine The non-joinder of indispensable parties is not a ground Indispensable party v Necessary party
Veterans Bank v Spouses Sabado for the dismissal of an action; proper remedy is to
4. Co-heirs and those who have a interest in the property implead. At any stage of a judicial proceeding and/or at such Indispensable party Necessary party
are indispensable parties in an action for partition. times as are just, parties may be added on the motion of a Presence is mandatory. He Presence is not
Divinagracia v Parilla party or on the initiative of the tribunal concerned. If the must be joined under any mandatory. He has to be
5. In an action for reconveyance of a property, the plaintiff refuses to implead an indispensable party despite the and all conditions because joined whenever possible to
parties agaisnt whom reconveyance is asserted are order of the court, that court may dismiss the complaint for the court cannot proceed afford complete relief to
indispensable parties. Lozano v Balesteros the plaintiff’s failure to comply with the order. The remedy is without him those who are already
6. Co-owners of an undivided property are indispensable to implead the non-party claimed to be indispensable. parties and to avoid multiple
litigations
parties and all must be impleaded
When misjoinder or non-joinder can be a ground for No valid judgment if they A final decree can be had in
Joinder of indispensable is mandatory. Although normally, dismissal. An outright dismissal is not the immediate remedy are not joined. a case even without a
necessary party because his
a joinder of parties is permissive, the joinder of a party authorized. It is when the order of the court to implead an
interests are separable from
becomes compulsory when the one involved is an indispensable party goes unheeded may the case be dismissed.
the interest litigated in the
indispensable party. In such case, the court may dismiss the complaint due to the case
fault of the plaintiff as when he does not comply with any Non-inclusion is a The non-inclusion of a
• Joinder of an indispensable party is jurisdictional. order of the court. Section 3, Rule 17 jurisdictional defect; necessary party is not
The presence of indispensable parties is a condition absence renders subsequent jurisdictional, but a waiver
for the exercise of juridical power. Hence, the absence Tests to determine whether a party is an indispensable actions null and void of the claim against him.
of an indispensable party renders all subsequent party
actions of the court null and void for want of authority Non-joinder of a necessary party
to act, not only as to the absent parties but even as to 1. Can relief be afforded to the plaintiff without the Section 9, Rule 3
those present. One who is a party to a case is not presence of the other party?
bound by any decision of the court; otherwise, he will 2. Can the case be decided on its merits without Duty of pleader of necessary party not joined. The pleader
be deprived of his right to due process. prejudicing the rights of the other party? Republic v shall set forth his name, if known, and shall state why he is
Sandiganbayan omitted.
Misjoinder or non-joinder of indispensable parties not a
ground to dismiss. Neither misjoinder nor non-joinder of Necessary parties When the court may order joinder of a necessary party.
parties is ground for dismissal of an action. Should the court find the reason for the omission
• Parties may be dropped or added by order of the court Necessary party. Those who are not indispensable but ought unmeritorious, it may order the inclusion of the omitted
on motion of any party or on its own initiative at any to be joined as parties: necessary party if jurisdiction over his person may be
stage the action and on such terms as are just. obtained.

certain state of facts; there is a question of fact when doubt • Parties may be dropped or added by order of the court
• Effect of failure to comply with court order to join arises as to the truth or the falsehood of alleged facts. on motion of any party or on its own initiative at any
necessary party; waiver. The failure to comply with stage the action and on such terms as are just.
the order for his inclusion, without justifiable cause, Rationale of permissive joinder of parties. The purpose and • Any claim against a misjoined party may be severed
shall be deemed a waiver of the claim against such aim of the principle is to have controversies and the matters and proceeded with separately. Section 11, Rule 3
party; directly related thereto settled once and for all once they are
• Non-joinder of necessary party is not jurisdictional. brought to the courts for determination. Litigation is costly When dismissal is warranted for non-joinder or
The non-inclusion of a necessary party does not both to litigants and to the State, and the objective of misjoinder. However, when the order of the court to implead
prevent the court from proceeding in the action, and procedure is to limit its number or extent. In consonance with an indispensable party goes unheeded, the court may order the
the judgment rendered therein shall be without the above principle, we have the rules against multiplicity of dismissal of the case. The court is fully clothed with the
prejudice to the rights of such necessary party suits, the rule of estoppel by judgment Section 44, Rule 39), authority to dismiss a complaint due to the fault of the
and the rule of res judicata. Section 45, Rule 39; Fajardo v. plaintiff as when, among others, he does not comply with the
Unwilling co-plaintiff Bayano order of the court.
Unwilling co-plaintiff. An unwilling co-plaintiff is a party MISJOINDER AND NON-JOINDER OF PARTIES OTHER PARTIES
who is supposed to be a plaintiff but whose consent to be
joined as a plaintiff cannot be obtained as when he refuses to Misjoinder of parties Non-joinder of parties Rule on spouses as parties
be a party to the action. He is made a party to an He is supposed to be joined
• If the consent of any party who should be joined as action although he should but is not impleaded in the General rule. Husband and wife shall sue or be sued jointly.
plaintiff cannot be obtained, he may be made a not be impleaded. action. Section 4, Rule 3
defendant and the reason therefor shall be stated in If there is a claim against a Whenever in any pleading
party misjoined, the same in which a claim is asserted
the complaint. Section 10, Rule 3 • Rationale. Husband and wife shall sue and be sued
may be severed and a necessary party is not
jointly inasmuch as both are co-administrators of the
proceeded with separately joined, the pleader shall set
PERMISSIVE JOINDER OF PARTIES Section 11, Rule 3 forth his name, if known, community property under the system of absolute
and shall state why he is community of property, as well as the conjugal
Section 6, Rule 3 omitted. Should the court partnership of gains (Feria & Noche)
find the reason
The following are the requisites to join as plaintiffs or be unmeritorious, it may order Exception. --except as provided by law. Section 4, Rule 3
joined as defendants in one complaint: the inclusion of the omitted
1. Right to relief arises out of the same transaction or necessary party if 1. Articles 101 & 108, Family Code. A spouse without
series of transactions (connected with the same jurisdiction over his person just cause abandons the other or fails to comply with
subject matter of the suit); and may be obtained Section 9, his or her obligations to the family with respect to
2. 2. There is a question of law or fact common to all the Rule 3 marital, parental or property relations;
plaintiffs or defendants. 2. Article 111, Family Code. A spouse of age
Misjoinder or non-joinder of indispensable parties not a mortgages, encumbers, alienates or otherwise
Question of law. There is a question of law in a given case ground to dismiss. Neither misjoinder nor non-joinder of disposes of his or her exclusive property;
when the doubt or difference arises as to what the law is on a parties is ground for dismissal of an action.

3. Article 145, Family Code. The regime of separation Citizen suit under the Rules of Procedure for would set a hearing to enable the applicant to prove that the
of property governs the property relations between Environmental Cases. A citizen suit may be filed by any applicant has “no money or property sufficient and available
spouses. Filipino citizen in representation of others, including minors for food, shelter and basic necessities for himself and his
or generations yet unborn, to enforce rights or obligations family”, as provided in Sec. 21, Rule 3.
Note: In the foregoing exceptions, the presentation of the final under environmental laws. Section 5, Rule 2, Rules of • Application and hearing ex parte. The application
judgment against the guilty or absent spouse shall be Procedure for Environmental Cases and hearing to litigate as an indigent is made ex parte.
sufficient basis for the grant of the decree of judicial • Adverse party may contest during hearing. In that
separation of property. Standing of marine mammals. The Stewards of the Resident hearing, the adverse party may adduce countervailing
• Article 146, Family Code Despite the separation of Marine Mammals that inhabit the Tañon Strait, in their own evidence to disprove the evidence presented by the
property, one spouse may end up being sued and held capacity, possess the legal standing to file the case for the applicant; after which the trial court will rule on the
answerable for the liabilities incurred by the other possible violations of laws concerning the said habitat. They application depending on the evidence adduced.
spouse because “the liability of the spouses to are real parties in the petition and not just acting in • Adverse party may contest after hearing. In
creditors for family expenses, however, shall be representation of the cetacean species. As such, the need to addition, Sec. 21, Rule 3 also provides that the
solidary” give the resident marine mammals legal standing has been adverse party may later still contest the grant of such
eliminated. authority at any time before judgment is rendered by
Minors and incompetents the trial court, possibly based on newly discovered
Indigent party evidence not obtained at the time the application was
Minor or incompetent as a party. A minor or an He is one: heard.
incompetent, may sue or be sued. He can be a party but with 1. Whose gross income and that of his immediate family
the assistance of his father, mother, guardian, or if he has do not exceed an amount double the monthly Exemption from fees. Authority as an indigent party includes
none, a guardian ad litem Section 5, Rule 3 minimum wage of an employee; and an exemption from the payment of:
2. 2. Who does not own real property with a fair market 1. Docket fees;
Incompetency or incapacity. If a party becomes incompetent value as stated in the current tax declaration of more 2. Other lawful fees; and
or incapacitated, the court, upon motion with notice, may than Php 300,000.00 (Section 19, Rule 141 as 3. Transcript of stenographic notes which the court may
allow the action to be continued by or against the incompetent amended by A.M. No. 04-2-04- SC order to be furnished him. Section 21, Rule 3
or incapacitated person assisted by his legal guardian or 3. He is one who has no money or property sufficient
guardian ad litem. Section 18, Rule 3 and available for food, shelter and basic necessities Lien when indigent wins. The amount of the docket and
for himself and his family. Section 21, Rule 3 other lawful fees which the indigent was exempted from
Environmental cases paying shall be a lien on any judgment rendered in the case
Rule on indigent litigants favorable to the indigent, unless otherwise provided
Plaintiff in environmental cases. Any real party in interest,
including the government and juridical entities authorized by When grant mandatory. If the applicant for exemption CLASS SUITS
law, may file a civil action involving the enforcement or meets the salary and property requirements under Sec. 19,
violation of any environmental law. Section 4, Rule 2, Rules Rule 141, then the grant of the application is mandatory. Class suit. It is an action the subject matter of its controversy
of Procedure for Environmental Cases is one of common or general interest to many persons so
When grant subject to hearing. However, if the trial court numerous that it is impracticable to join all as parties
finds that one or both requirements have not been met, then it
Requisites of class suit Each has a distinct and separate interest which must common and general interest not just to several, but to
1. Subject matter of the controversy is one of common be proven individually. all citizens of the Philippines. Oposa v Factoran
or general interest to many persons;
2. Parties affected are so numerous that it is Consequently: No class suit when interests are conflicting. When the
impracticable to bring them all before the court; 1. No class suit by a corporation to recover property interests of the parties in the subject matter are conflicting, a
3. Parties bringing the class suit are sufficiently of its members. The corporation being an entity class suit will not prosper. Hence, an action brought by 17
numerous or representative of the class and can fully separate and distinct from its members has no interest residents of a town with a population of 2,460 persons to
protect the interests of all concerned; and in the individual property of its members unless recover possession of a holy image was held not to qualify as
4. Representatives sue or defend for the benefit of all. transferred to the corporation. Absent any showing of a class suit because the plaintiffs did not represent
Section 12, Rule 3 interests, a corporation has no personality to bring an membership of the churches they purport to represent and that
action for the purpose of recovering property, which the interests of the plaintiffs conflict with those of the other
Right to intervene. The same rule provides that any party in belongs to the members in their personal capacities. inhabitants who were opposed to the recovery. Ibafies v.
interest shall have the right to intervene to protect his Sulo ng Bayan, Inc. v Araneta Roman Catholic Church
individual interest. Section 12, Rule 3 2. No class suit to recover real property individually
held. A class suit does not lie in an action for Dismissal or compromise of a class suit. A class suit shall
Note: Even if the parties are numerous, there must be a recovery of real property where separate portions of not be dismissed or compromised without the approval of the
community of interest for a class suit because the subject the same parcel of land were occupied and claimed court. Section 2, Rule 17
matter of the controversy must be of common interest among individually by different parties to the exclusion for • This is obviously intended to protect the common
all of them. each other, such that the different parties had interests of all those who initiated the class suit.
• If the class suit is not proper, the remedy of the parties determinable, though undivided interest in the
is either to bring suit individually or join them all as property in question since they do not have a common Class suits vs representative suits. Unlike representative
parties under the rule on permissive joinder of parties. or general interest in the subject matter of the suits, the persons instituting a class suit are not merely suing
controversy. Mathay v. Consolidated Bank and Trust as representatives. They themselves are real parties in interest
Commonality of interest in the subject matter. A class suit Company directly injured by the acts or omissions complained of. There
does not require a commonality of interest in the questions 3. No class suit to recover damages for personal is a common cause of action in a class. the group collectively-
involved in the suit. What is required by the Rules is a reputation. There is no common or general interest in not individually- enjoys the right sought to be enforced. Paje v
common or general interest in the subject matter of the reputation of a specific individual. Each [one] has a Casiño
litigation. separate and distinct reputation in the community not
• Subject matter. The subject matter of the action is shared by the others. Newsweek, Inc. v. Intermediate DEATH OF A PARTY IN A PENDING ACTION
meant the physical, the things real or personal, the Appellate Court
money, lands, chattels, and the like, in relation to the 4. Common or general interest in the environment Effect on the attorney-client relationship
suit which is prosecuted and not the delict or wrong and natural resources. There is a class suit in an
committed by the defendant. action filed by minors represented by their parents, in Atty-client relationship terminated. The death of the client
• Example. There is no class suit in an action for behalf of themselves and others who are equally extinguishes the attorney-client relationship and divests a
damages filed by the relatives of the fatalities in a concerned about the preservation of the country’s counsel of his authority to represent the client. Accordingly, a
plane crash. There is no common or general interest in resources, their generation as well as generations yet dead client has no personality and cannot be represented by an
the injuries or death of all passengers in the plane. unborn. The subject matter of the complaint is of
attorney. either does he become the counsel of the heirs of the No legal representative named by counsel or if he fails to 1. When the heirs themselves voluntarily appeared,
deceased Unless his services are engaged by said heirs. appear. If: participated in the case and presented evidence in
1. no legal representative is named by the counsel for the defense of deceased defendant. Vda. De Salazar v CA
Duty of the attorney. Whenever a party to a pending action deceased party, or 2. In ejectment cases where the counsel fails to inform
dies, and the claim is not thereby extinguished, it shall be the 2. if the one so named shall fail to appear within the the court of the death of his client and thereby results
duty of his counsel: specified period, to the non-substitution of the deceased by his legal
1. to inform the court within thirty (30) days after such the court may order the opposing party, within a specified representatives.
death of the fact thereof, and time to procure the appointment of an executor or • Effect; The decision of the court is binding
2. to give the name and address of his legal administrator for the estate of the deceased and the latter shall upon the successors-in-interest of the
representative or representatives. immediately appear for and on behalf of the deceased. 0The deceased. A judgment in an ejectment case
Failure of counsel to comply with his duty shall be a ground court charges in procuring such appointment, if defrayed by may be enforced not only against defendants
for disciplinary action. Section 16, Rule 3 the opposing party, may be recovered as costs. Section 16, but also against the members of their family,
Rule 3 their relatives, or privies who derived their
Action of court upon notice of death. Upon receipt of the right of possession from the deceased
notice of death, the court shall determine whether or not the If the claim does not survive defendant. Vda. De Salazar v CA
claim is extinguished by such death.
The substitution of the deceased would not be ordered by the Purpose and importance of substitution of the deceased;
If the claim survives court in cases where the death of the party would extinguish notice to heirs. The purpose behind the rule on substitution of
the action because substitution is proper only when the action the deceased is to apprise the heir or substitute that he is being
Substitution by heirs. The heirs of the deceased may be survives. brought to the jurisdiction of the court in lieu of the deceased
allowed to be substituted for the deceased, without requiring party by operation of law.
the appointment of an executor or administrator and the court Effect of non-compliance with the rules on substitution of
may appoint a guardian ad litem for the minor heirs. deceased party Purpose and importance of substitution of the deceased;
• The court shall forthwith order said legal due process. The purpose behind the rule on substitution of
representative or representatives to appear and be General rule. It renders the proceedings of the trial court parties is the protection of the right of every party to due
substituted within a period of 30 days from notice. infirm because the court acquired no jurisdiction over the process. It is to ensure that the deceased would continue to be
Section 16, Rule 3 person of the legal representative. Brioso v Rili-Mariano properly represented in the suit through the duly appointed
• Non-compliance therewith results in the undeniable legal representative of the estate. Torres v CA
Heir does not need to secure appointment of an executor violation of the right to due process of those who,
or administrator. From the very moment of death, the heir though not duly notified of the proceedings, are Effect of the death of a party upon a pending action
steps into the shoes of the deceased and acquires his rights as substantially affected by the decision rendered therein
devisee or legatee. San Juan v Cruz Vda. De Salazar v CA 1. Purely personal action. The death of either of the
• Rule if heir is a minor. If there is an heir and the heir parties extinguishes the claim and the action is
is a minor, the court may appoint a guardian ad litem. Exception. In the following cases, the non-compliance does dismissed.
Section 16, Rule 3 NOT deprive the court of jurisdiction 2. Action that is not purely personal. The claim is not
extinguished, and the party should be substituted by
his heirs, executor or administrator. In case of minor
heirs, the court may appoint a guardian ad litem for • A favorable judgment obtained by the plaintiff shall Before a substitution is made, the party or officer to be
them be enforced under Rule 86. Relative thereto, since the affected, unless expressly assenting thereto, shall be given
complaint action survives the death of defendant, the reasonable notice of the application therefor and accorded an
Claims that survive Claims that do not survive case shall not be dismissed and the Court shall merely opportunity to be heard. Section 17, Rule 3
1. Recovery of contractual 1. Purely Personal (e.g. Legal order the substitution of the deceased defendant.
money /claims; Separation); • Since the action is one for recovery of money, the TRANSFER OF INTEREST
2. Recovery/protection of 2. Performance that cannot be
property rights; delegated; and judgment favorable to the plaintiff shall be filed as a
3. Recovery of real or personal 3. Claim that cannot be money claim against the estate of the decedent. Rule In case of transfer of interest, the action may be continued by
property or interest from the instituted by executor or 86, Rules of Court or against the original party, unless the court upon motion
estate; administrator. directs the person to whom the interest is transferred to be
4. Enforcement of lien thereon; Ejectment case survives the death of a party. It continues substituted in the action or joined with the original party.
5. Recovery of damages for an Section 19, Rule 3
until judgment because the issue concerning the illegality of
injury to person or property
and suits by reason of the the defendant’s possession is still alive, and upon its • A transferee pendente lite is a proper party that stands
alleged tortuous acts of the resolution depends the corollary issue of whether and how exactly in the shoes of the transferor, the original
defendant much damages may be recovered. Tanhueco v Aguilar party
6. Actions and obligations
arising from delicts; and Transferees need not be impleaded. Transferees are bound
Purpose of non-survival of claims. The reason for the
7. Ejectment case
dismissal of the case is that upon the death of the defendant a by the proceedings and judgment in the case, such that there is
Survival of an action depends on its nature. The question as
testate or intestate proceeding shall be instituted in the proper no need for them to be included or impleaded by name. The
to whether an action survives or not depends on the nature of
court wherein all his creditors must appear and file their transferee is joined or substituted in the pending action by
the action and the damage sued for.
claims which shall be paid proportionately out of the property operation of law from the exact moment when the transfer of
• In the causes of action which survive, the wrong
left by the deceased. interest is perfected between the original party and the
complained [of] affects primarily and principally
transferee. Cameron Granville 3 Asset Management, Inc v
property and property rights, the injuries to the
Death or separation of a party who is a public officer Chua
person being merely incidental
• While in the causes of action which do not survive,
Substitution by successor. When a public officer is a party in NOTICE TO THE SOLICITOR GENERAL.
the injury complained of is to the person, the property
an action in his official capacity and during its pendency dies,
and rights of property affected being incidental. Cruz
resigns, or otherwise ceases to hold office, the action may be In any action involving the validity of any treaty, law,
v Cruz
continued and maintained by or against his successor if: ordinance, executive order, presidential decree, rules or
1. within thirty (30) days after the successor takes office regulations, the court, in its discretion, MAY require the
Action for recovery of money arising from contract and
or such time as may be granted by the court, appearance of the Solicitor General who may be heard in
the defendant dies before entry of final judgment. It shall
2. it is satisfactorily shown to the court by any party that person or a representative duly designated by him. Section 22,
not be dismissed but shall instead be allowed to continue until
there is a substantial need for continuing or Rule 3
entry of judgment. A favorable judgment obtained by the
maintaining it and
plaintiff shall be enforced in the manner provided in the rules
3. that the successor adopts or continues or threatens to Role of the SolGen; government’s lawyer. The rule is that
for prosecuting claims against the estate of a deceased person.
adopt or continue to adopt or continue the action of only the Solicitor General can bring and defend actions on
Section 20, Rule 3
his predecessor. behalf of the Republic of the Philippines and that actions filed
in the name of the Republic or its agencies and
instrumentalities, if not initiated by the Solicitor General will
be summarily dismissed.
The OSG shall represent the Government in the SC and

CA in all criminal proceedings. In criminal actions brought
before the Court of Appeals or the Supreme Court, the
authority to represent the State is solely vested in the OSG.
Only the Solicitor General may bring or defend actions on
behalf of the People of the Philippines once such actions are
brought before the Court of Appeals or Supreme Court.
Section 35(1), Chapter 12, Title III, Book III of the
Administrative Code of 1987

RULE 4: VeNUE OF ACTIONS ad majorem dei gloriam CIVIL PROCEDURE
RULE 4: VENUE V JURISDICTION Initial step. In order to know the venue of a particular action,
the basic and initial step is to determine if the action is
Venue of Actions Venue Jurisdiction personal or real.
The place, or geographical Power of the court to hear 1. If it is personal, the venue is deemed transitory and
area where an action is to be and decide a case thus, generally depends upon the residences of the
1. Venue defined
filed and tried parties.
2. Venue v jurisdiction
Matter of procedural law Matter of substantive law 2. If it is real, the venue is local and thus, generally, the
3. Basic venue analysis - But in criminal
a. Venue of real actions venue is the place where the property or where any
cases this is portion of the same is situated.
b. Venue of personal actions jurisdictional
c. Venue when defendant is a non-resident May be waived by: Fixed by law and cannot be
d. Residence Look at primary purpose of action. In determining venue,
1. Failure to object waived by parties
4. Where rules on venue do not apply one must inquire into the primary purpose of the action, not
through a motion to
a. Where a rule or law provides otherwise dismiss or through Can be brought up at any the title or heading given to such action.
b. Where the parties stipulated a venue an affirmative stage of the proceedings
5. When venue is improper defense; or Venue of real actions
a. General rule: Motu proprio dismissal on 2. Stipulation of the
parties. Real actions. When it affects title to or possession of real
account of wrong venue not proper
May be stipulated by the Cannot be the subject of the property, or an interest therein
b. Exception: When the court may make a motu
parties agreement of the parties
proprio dismissal on account of wrong venue
General rule: Not a ground It is a ground for a motu Venue of real actions. Actions affecting title to or possession
6. Venue in contracts of adhesion
for a motu proprio dismissal proprio dismissal in case of of real property, or interest therein, shall be commenced and
lack of jurisdiction over the tried in the proper court which has jurisdiction over the area
VENUE DEFINED Exception: In cases subject subject matter wherein the real property involved, or a portion thereof, is
to summary procedure situated.
Venue. Venue is the place, or the geographical area in which Establishes a relation Establishes a relation
a court with jurisdiction may hear and determine a case or the • Forcible entry and unlawful detainer in MTC.
between the plaintiff and between the court and the
Forcible entry and detainer actions shall be
place where a case is to be tried. defendant, or petitioner and subject matter.
respondent. commenced and tried in the municipal trial court of
Purpose of rules on fixing venue. They are designed to the municipality or city wherein the real property
insure a just and orderly administration of justice, or the Venue in civil cases v venue in criminal cases. In civil cases, involved, or a portion thereof, is situated. Section 1,
impartial and evenhanded determination of every action and venue is not a matter of jurisdiction. Venue becomes Rule 4
proceeding. jurisdictional only in a criminal case. Where the Information
Note. An action for annulment of mortgage is a real action if
• The situs for bringing real and personal actions are is not filed in the place where the offense was committed, the
information may be quashed for lack of jurisdiction over the there has already been a foreclosure sale.
fixed by the rules to attain the greatest convenience
possible to the party litigants by taking into offense charged. Section 3, Rule 117
Venue of personal actions
consideration the maximum accessibility to them of
the courts of justice. BASIC VENUE ANALYSIS

Personal actions. All other actions which are not real are The plaintiff-husband, a resident of Manila files an action for domicile. No particular length of time of residence is required
personal. annulment of his marriage to the defendant, a resident of Los though; however, the residence must be more than temporary.
Venue of personal actions. All other actions may be Angeles, California Garcia Fule v CA
commenced and tried: • The action is to be commenced and tried in Manila,
1. where the plaintiff or any of the principal plaintiffs the residence of the plaintiff-husband. The action is Residence of domestic corporation. The residence of a
resides, or one which affects the personal status of the plaintiff. domestic corporation is the place, within the PH, where its
2. where the defendant or any of the principal principal office is located as stated in the articles of
defendants resides, or Example of action affecting property of a non-resident incorporation.
3. in the case of a non-resident defendant where he may defendant • Regardless of actual principal office. The residence
be found, An action for partition of real property is filed by the plaintiff, of a corporation is the place stated in its Articles of
at the election of the plaintiff. Section 2, Rule 4 a resident of Manila, naming his co-owner brothers, all Incorporation even if its actual principal office is in
residents of Los Angeles, California as defendants, and another place. To insist that the proper venue is the
When there are multiple parties, use residence of principal involving a property located in Makati City. actual principal office and not that stated in its
plaintiff or defendant. If there are more than one plaintiff in • Plaintiff may commence and have the action tried Articles of Incorporation would indeed create
a personal action and the other are merely formal or nominal, either in Manila, the place where he resides or in confusion and work untold inconvenience.
the residence of the principal parties should be the basis of Makati City, the place where the property is situated. Enterprising litigants may, out of some ulterior
determining the proper venue. The word principal is used on motives, easily circumvent the rules on venue by the
order to prevent the plaintiff from choosing the residence of a Residence simple expedient of closing old offices and opening
minor plaintiff or defendant as venue. Araneta v CA new ones in another place that they may find well to
Residence of individuals is place of abode, whether suit their needs. Hyatt Elevators v Goldstar Elevators
Venue when defendant is a non-resident permanent or temporary. The residence of a person must be
his personal, actual or physical habitation or his actual WHEN RULES ON VENUE DO NOT APPLY
Venue of actions against nonresidents. If any of the residence or abode. It does not mean fixed permanent
defendants does not reside and is not found in the Philippines, residence to which when absent, one has the intention of 1. In those cases where a specific rule or law provides
and the action affects the personal status of the plaintiff, or returning. Actual residence may in some cases be the legal otherwise; or
any property of said defendant located in the Philippines, the residence or domicile, but for purposes of venue, actual 2. Where the parties have validly agreed in writing
action may be commenced and tried in the court of the place: residence is the place of abode and not necessarily legal before the filing of the action on the exclusive venue
1. where the plaintiff resides, or residence or domicile. thereof. Section 4, Rule 4
2. where the property or any portion thereof is situated
or found. Section 3, Rule 4 Residence. Resides should be viewed or understood in its In those cases where a specific rule or law provides
popular sense, meaning, the personal, actual or physical otherwise
Note. The rule above applies when the defendant is not a habitation of a person, actual residence or place of abode. It
resident AND at the same time is not found in the PH. signifies physical presence in a place and actual stay thereat. It Quo warranto proceeding in RTC Manila. A quo warranto
refers to personal residence, not legal residence or proceeding commenced by the Solicitor General and filed, not
Example of action affecting personal status of a non- domicile. Residence simply requires bodily presence as in the Court of Appeals or the Supreme Court, is to be filed in
resident defendant an inhabitant in a given place, while domicile requires bodily the Regional Trial Court of Manila. The rule does not consider
presence in that place and also an intention to make it one's
the residence of the respondent. Section 7, Rule 66, Rules of to the parties under the ordinary rules on venue of actions
Court) Philippine Banking Corp. v Tensuan Restrictive stipulation on venue is not binding when the
• Example. Any suit arising from this contract shall be validity of the contract is assailed. In cases where the
Continuing writ of mandamus in the RTC where neglect filed only in Quezon City complaint assails only the terms, conditions, and/or coverage
occurred. A petition for continuing writ of mandamus if filed • But the stipulation that the parties agree to sue and be of a written instrument and not its validity, the exclusive
with the RTC, other than with the CA or SC, shall be filed sued in the courts of Manila is not exclusive. venue stipulation therein shall still be binding on the parties,
with the RTC exercising jurisdiction over the territory where • There must be words like only, solely, or exclusively. and thus, the complaint may be properly dismissed on the
the actionable neglect or omission occurred. Section 2, Rule ground of improper venue.
8, Rules of Procedure for Environmental Cases In the absence of restrictive words, the stipulation should • However, a complaint directly assailing the validity of
be deemed as merely an agreement on an additional the written instrument itself should not be bound by
Where the parties have validly agreed on the venue forum, not as limiting venue. Absent additional words and the exclusive venue stipulation contained therein and
expressions definitely and unmistakably denoting the parties' should be filed in accordance with the general rules
Requirements for stipulations on venue desire and intention that actions between them should be on venue.
The parties may stipulate on the venue as long as the ventilated only at the place selected by them or other
agreement is: contractual provisions clearly evincing the same desire and WHEN VENUE IS IMPROPER
W.E.B intention, the stipulation should be construed, not as confining
1. In writing; suits between the parties only to that one place, but as General rule: Motu proprio dismissal on account of improper
2. Exclusive as to the venue; and allowing suits either in the place stipulated or the venue venue is not the remedy. The court may only dismiss upon
3. Made before the filing of the action Section 3, Rule provided for in the Rules. Unimasters Conglomeration Inc. v motion of the defendant.
4(b) CA
Exception. The court may make a motu proprio dismissal
Written stipulations as to venue are either mandatory or Summary. If the tenor of the stipulation is restrictive, such based on improper venue in:
permissive. In interpreting stipulations, an inquiry must be stipulation overrides the Rules. But if the tenor is merely 1. cases governed by the rules on summary procedure
made as to whether or not the agreement is: permissive, the stipulation does not override the Rule, but it and
• restrictive in the sense that the suit may be filed only only adds a forum or venue. 2. small claims cases
in the place agreed upon, or 3. Forcible entry and unlawful detainer
• permissive in that the parties may file their suits not Some valid stipulations
only in the place agreed upon, but also in the places 1. The parties may agree on a specific venue which General rule: motu proprio dismissal on account of wrong
fixed by the Rules. Supena v De la Rosa could be in a place where neither of them resides. venue not proper
Universal Robina Corp. v Lim
When exclusive. Venue is exclusive when the stipulation 2. In real actions, the parties may stipulate on a venue Motu proprio dismissal is not the remedy. A motu proprio
clearly indicates, through qualifying and restrictive words that were the real property s situated. Union Bank of the dismissal based on improper venue is plain error and patently
the parties deliberately exclude causes of actions from the PH v Maunlad Homes, Inc., incorrect. Republic v Glasgow Credit and Collection Services
operation of the ordinary permissive rules on venue and that 3. A stipulation on venue is void and unenforceable
they intended contractually to designate a specific venue to when it is contrary to public policy. Sweet Lines v Venue not subject to motu proprio dismissal. Improper
the exclusion of any other court also competent and accessible Teves venue is not one of the grounds wherein the court may dismiss
an action motu proprio. Unless and until the defendant objects
to the venue in a motion to dismiss, the venue cannot be truly itself, dismiss the case outright on any of the grounds for choice as to be completely deprived of an opportunity to
said to be improperly laid, because the venue although dismissal of the case. Section 11, Rule of Procedure for bargain effectively. Prieto v CA
technically wrong may be acceptable to the parties for whose Small Claims Cases, as amended
convenience the rules on venue have been devised. Universal Sweet Lines, Inc. v Teves
Robina v Lim Forcible entry and unlawful detainer. In actions for forcible
entry and unlawful detainer, the court may dismiss the case The condition in the passenger ticket issued by a shipping
When complaint may be dismissed on account of improper outright after examination of the complaint and such evidence company reads:
venue. Only when the defendant objects. dismiss, the venue attached thereto. The dismissal may be based on any of the
cannot be truly said to be improperly laid, because the venue grounds for dismissal of a civil action. A motion to dismiss is It is hereby agreed and understood that any and all actions
although technically wrong may be acceptable to the parties not required. Section 5, Rule 70, Rules of Court arising out of the conditions and provisions of this ticket,
irrespective of where it is issued, shall be filed in the competent
for whose convenience the rules on venue have been devised. courts in the City of Cebu.
The trial court cannot preempt the defendant’s prerogative to No appeal from denial of MTD
object to the improper laying of the venue by motu proprio Stipulation on venue may be struck down if subversive of
dismissing the case. Dacuy- coy v Intermediate Appellate Denial of MTD merely interlocutory; no appeal allowed. If public policy on transfers of venue of actions. Although
Court a motion to dismiss based on improper venue is denied, the venue may be changed or transferred from one province to
defendant cannot appeal from the same because an order another by agreement of parties in writing, such an agreement
Exception; when court may dismiss motu proprio on denying a motion to dismiss is merely interlocutory and not will not be held valid where it practically negates the action of
account of wrong venue final. Only final orders or judgments may be appealed from. the claimants. The philosophy underlying the provisions on
• Remedy is to go to trial and interpose the ground transfer of venue of actions is the convenience of the plaintiffs
The court may effect a motu proprio dismissal of the as defense. The normal remedy is to file an answer as well as the witnesses and to promote the ends of justice.
complaint based on improper venue in actions covered by and interpose the ground as an affirmative defense, go Considering the expense and trouble a passenger residing
the rules on summary procedure and in small claims cases. to trial and appeal from the adverse judgment. outside of Cebu would incur to prosecute a claim in Cebu, he
In these types of action, the court may motu proprio dismiss a • When certiorari and prohibition is proper. If the would most probably decide not to file the action at all. The
case denial is tainted with GADALEJ, the remedy is condition will thus defeat, instead of enhance the ends of
1. from an examination of the allegations of the certiorari and prohibition. justice.
complaint and
2. such evidence as may be attached thereto VENUE IN CONTRACTS OF ADHESION
on any of the grounds apparent therefrom for the dismissed of
a civil action. The dismissal may be made outright, which Contracts of adhesion. These are contracts drafted only by
means that the court may do so without need for waiting for one party, and is sought to be accepted or adhered to by the
the filing of a motion to dismiss. Section 4, Summary other party, who cannot change the same and who are thus
Procedure; Sec. 9, A.M. No. 08-8-7-SC made to adhere thereto on the take it or leave it basis.
Small claims cases. In small claims cases, after the court When stipulation struck down. Contracts o adhesion might
determines that the action falls under the rules for such cases, be occasionally struck down of there was showing that the
it may, from an examination of the allegations in the dominant bargaining party left the weaker party without any
Statement of Claim and such evidence attached thereto, by
RULE 5: UNIFORM PROCEDURE IN TRIAL COURTS ad majorem dei gloriam CIVIL PROCEDURE
RULE 5:
Uniform Procedure in Trial Courts
Uniform procedure. The procedure in the Municipal Trial
Courts shall be the same as in the Regional Trial Courts,
except:
a. where a particular provision expressly or impliedly
applies only to either of said courts, or
b. in civil cases governed by the Rule on Summary
Procedure. Section 1, Rule 5
Meaning of terms. The term Municipal Trial Courts as used
in these Rules shall include
a. Metropolitan Trial Courts,
b. Municipal Trial Courts in Cities,
c. Municipal Trial Courts, and
d. Municipal Circuit Trial Courts. Section 2, Rule 5

RULE 6: KINDS OF PLEADINGS ad majorem dei gloriam CIVIL PROCEDURE
RULE 6: A party is strictly bound by the allegations, statements or Complaint. It is a concise statement of the ultimate facts
admissions made in his pleadings and cannot be permitted to constituting the plaintiff’s cause or causes of action, with a
Kinds of Pleadings take a contradictory position. Thus, it has been held that an specification of the relief sought, but it may add a general
admission in the pleadings cannot be controverted by the party prayer for such further relief as may be deemed just or
Pleadings defined. Pleadings are the written statements of the making such admission and are conclusive as to him, and that equitable.
respective claims and defenses of the parties submitted to the all proofs submitted by him contrary thereto or inconsistent
court for appropriate judgment. Section 1, Rule 6 therewith, should be ignored, whether objection is interposed Ultimate facts. It is the essential facts constituting the
or not. Santiago v De los Santos plaintiff's cause of action.
• No oral pleadings. Since pleadings are described as • A fact is essential if it cannot be stricken out without
written statements, it is obvious that there can be no Ambiguities construed against the pleader. In case there are leaving the statement of the cause of action
oral pleadings. ambiguities in the pleadings, the same must be construed most insufficient. A pleading should state the ultimate facts
strongly against the pleader and that no presumptions in his essential to the rights of action or defense asserted, as
The claims of a party are asserted in a: favor are to be indulged in. distinguished from mere conclusion of fact, or
1. complaint, conclusion of law.
2. counterclaim, KINDS OF PLEADINGS • Example: An allegation that a contract is valid, or
3. cross-claim, void, without substantiation, is a mere conclusion of
4. third (fourth, etc.)-party complaint, or 1. Pleadings for claims law.
5. complaint-in- intervention. a. complaint
b. counterclaim Filing of complaint. The filing of the complaint is the act of
The defenses of a party are alleged in the answer to the c. cross-claim presenting it to the clerk of court.
pleading asserting a claim against him or her. d. counter-cross-claim
e. third, (fourth, etc.)- party complaint Monsanto v Lim
Reply. An answer may be responded to by a reply only if the f. complaint in intervention In a letter, the Regional Director of Pag-IBIG, requested the
defending party attaches an actionable document to the 2. Pleading for defenses: Answer intervention of Executive Judge Monsanto of the RTC of
answer. Section 2, Rule 6 3. Reply Catbalogan, Samar on the alleged anomalous auction sale
4. Pleadings allowed in small claims cases conducted by Sheriff De Guzman. However, Executive Judge
Necessity and purpose of pleadings. Pleadings are designed 5. Pleadings under the Rules on Summary Procedure Monsanto refrained from acting on the letter considering that
to develop and present the precise points in dispute between Eduardo is his relative; instead he re-assigned the same to
the parties. Their office is to inform the court and the parties PLEADINGS FOR CLAIMS Judge Usman and referred the matter to the OCA for further
of the facts in issue. The object of pleadings in a more action because no formal petition or complaint was filed
restricted and commonly accepted sense is to notify the Complaint which presents a judicial issue and that the acts complained of
opposite party of the facts which the pleader expects to prove, partake of administrative matter. Did the RTC acquire
so that he may not be misled in the preparation of his case. Complaint. The complaint is the pleading alleging the jurisdiction over the case?
plaintiff’s or claiming party’s cause or causes of action.
Nature of a pleading; how determined. Elementary is the • The names and residences of the plaintiff and NO. No proper initiatory pleading was filed before the
rule of procedure that the nature of a pleading is to be defendant must be stated in the complaint. Section 3, trial court. In this case, records show that no formal
determined by the averments in it and not by its title. Rule 6 complaint or petition was filed in court. Pag- IBIG’s letter
could not be considered as a formal complaint or petition.
Section 1, Rule 6 of the Rules of Court defines pleadings as
"written statements of the respective claims and defenses of • Thus, the pleadings may be denominated as Answer is barred, unless otherwise
the parties submitted to the court for appropriate judgment." with a Counterclaim allowed by these Rules.
First, the parties to the case were not identified pursuant to Need not be answered; No Must be answered;
Section 1, Rule 3 and Section 1, Rule 7. Second, the so-called How to set up an omitted counterclaim. A counterclaim not default (Gojo v. Goyala Otherwise, default
claim or cause of action was not properly mentioned or initially set up because of the pleader’s oversight, (Sarmiento v. Juan)
specified. Third, the letter miserably failed to comply with the inadvertence, excusable neglect or when justice requires, may Not an initiatory pleading. Initiatory pleading.
requirements of Rule 7, Rules of Court. The letter bore no be set up, by leave of court by amendment before judgment Need not be accompanied Must be accompanied by a
caption; it was not even assigned a docket number; the by a certification against certification against forum
Section 10, Rule 11, Rules of Court
forum shopping and shopping and whenever
allegations were not properly set forth; no particular relief is
certificate to file action by required by law, also a
sought; in fact, only the intervention of Executive Judge Options of a defendant who has pleaded a counterclaim. the Lupong Tagapamayapa. certificate to file action by
Monsanto is requested; it was not signed by a counsel; and The defendant who has pleaded a counterclaim prior to the the Lupong Tagapamayapa
most of all, there is no verification or certification against service upon him of a motion to dismiss by the plaintiff may (Santo Tomas University v.
forum-shopping. Also, no docket fees were paid before the prosecute his counterclaim either in the same action or a Surla)
trial court. separate action. The court has jurisdiction to Must be within the
• Same action. If he desires to have his counterclaim entertain both as to the jurisdiction of the court
Counterclaim resolved in the same action, he must manifest to the amount and nature Section where the case is pending
court his preference to that effect within 15 days from 7, Rule 6 and cognizable by regular
Counterclaim. A counterclaim is any claim which a notice to him of the plaintiff’s motion to dismiss. courts of justice otherwise,
defending party may have against an opposing party. Section • Separate action. If he makes no manifestation, the defendant will have to file it
6, Rule 6 in separate proceeding
counterclaim shall be prosecuted in a separate action.
which requires payment of
docket fee.
• It partakes of a complaint by the defendant against the Two kinds of counterclaims
plaintiff.
Note. In an original action before the RTC, the counterclaim
Compulsory counterclaim Permissive counterclaim may be considered compulsory regardless of the amount.
Distinct cause of action. A counterclaim is in itself a distinct One which arises out of or is It does not arise out of nor is
and independent cause of action and when filed, there are two necessarily connected with it necessarily connected
Compulsory counterclaim
simultaneous actions between the same parties. the transaction or with the subject matter of
• The filing of a counterclaim gives rise to 2 occurrence that is the the opposing party’s claim.
subject matter of the Compulsory counterclaim. A compulsory counterclaim is
complaints: the one filed by the plaintiff by way of
opposing party’s claim. There is an absence of a one which
original complaint and the one filed by the defendant
Section 7, Rule 6 logical connection with the • being cognizable by the regular courts of justice,
by way of counterclaim.
subject matter of the • arises out of or is connected with the transaction or
complaint. occurrence constituting the subject matter of the
Counterclaim not part of answer. A counterclaim is not
It does not require for its It may require for its opposing party's claim and
intrinsically a part of the answer because it is a separate adjudication the presence of adjudication the presence of • does not require for its adjudication the presence of
pleading. It may, however, be included in the answer. This third parties of whom the third parties over whom the third parties of whom the court cannot acquire
inclusion is merely a matter of form and does not have the court cannot acquire court cannot acquire jurisdiction.
effect of fusing the two separate pleadings into a single jurisdiction jurisdiction.
pleading. • Such a counterclaim must be within the jurisdiction of
A compulsory counterclaim Not barred even if not set up
not raised in the same action in the action. the court both as to the amount and the nature thereof,

o except that in an original action before the Financial Building Corp v Forbes Park
Regional Trial Court, the counterclaim may Permissive counterclaim. A counterclaim is permissive if:
Financial Building Corp v Forbes Park
be considered compulsory regardless of the 1. it does not arise out of or is necessarily connected
USSR owned a residential lot in Forbes park and engaged the
amount with the subject matter of the opposing party’s claim,
services of Financial Building for the construction of a multi-
or
level office building and staff apartment building. Forbes Park
Test to determine whether the counterclaim is compulsory 2. any of the elements of a compulsory counterclaim
only authorizes the construction a single-family residential
R. I. E. L. discussed previously is absent.
building in each lot, but USSR misrepresented that it was only
1. Res judicata. Would res judicata bar a subsequent
constructing a residence for its employee. When Forbes found
suit on the defendant’s claims, absent the compulsory Example.
out, it enjoined further construction and suspended all permits
counterclaim rule? 1. A counterclaim for damages based on culpa aquiliana
of entry for the personnel and materials of Financial Building.
2. Issues. Are the issues of fact and law raised by the in a complaint for collection of a loan is a permissive
Financial filed CC1 which was a complaint for injunction and
claim and the counterclaim largely the same? counterclaim for not having connection with the
damages against Forbes. This was dismissed by the RTC and
3. Evidence. Will substantially the same evidence plaintiffs claim
CA and was terminated with finality. Thereafter, Forbes filed
support or refute the plaintiff’s claim, as well as the 2. A counterclaim for the payment of the price of the car
CC2 which was a complaint for damages against FB for
defendant’s counterclaim? is not a compulsory counterclaim in an action to
violation of its rules and regulations. RTC and CA ruled
4. Logical relation. Is there any logical relation recover a piece of land
favourably for Forbes.
between the claim and the counterclaim?
Permissive counterclaim not barred. Unlike a compulsory
Should CC2 have been dismissed because Forbes failed to
A positive answer to all four questions would indicate that the counterclaim, failure to setup permissive counterclaim in the
interpose its arguments as counterclaims in CC1? YES
counterclaim is compulsory. GSIS v Heirs of Caballero action will not bar the same.
Claim in CC2 was a compulsory counterclaim. Using the
A compulsory counterclaim not raised in the same action Crossclaim
tests above, the claim in CC2 was a compulsory counterclaim.
is barred, unless otherwise allowed by these Rules. Section
SC observed that CC1 and CC2. arose from the same
7, Rule 6 Cross-claim. A cross-claim is any claim by one party against
occurrence — the construction work done by Financial a co-party arising out of the transaction or occurrence that is
Building on the USSR's lot in Forbes Park Village. The issues
Motion to dismiss and setting up of compulsory the subject matter either of the original action or of a
of fact and law in both cases are identical. The factual issue is
counterclaim are incompatible remedies. A compulsory counterclaim therein. Such cross-claim may cover all or part
whether the structures erected by FB violate Forbes’ rules,
counterclaim is auxiliary to the proceeding in the original suit of the original claim. Section 8, Rule 6
whereas the legal issue is whether the FB, as an independent
and derives its jurisdictional support therefrom. A
contractor, can be enjoined from continuing with the
counterclaim presupposes the existence of a claim against the Setting up cross-claim already available at the time of the
construction and can be liable for damages. The logical
party filing the counterclaim. Hence, where there is no claim answer. A cross-claim that a party has at the time the answer
relation between the two cases is patent and substantially the
against the counterclaimant, the counterclaim is improper and is filed shall be contained in said answer Section 8, Rule 11
same evidence is involved in the said cases. The two cases
it must dismissed, more so where the complaint is dismissed • Otherwise, it is barred.
also involve the same parties. Moreover, the amount of the
at the instance of the counterclaimant. In other words, if the • It cannot be set up for the first time on appeal
claims is within the jurisdiction of the RTC, had it been set up
dismissal of the main action results in the dismissal of the
as a counterclaim in the first civil case. Forbes Park's claims
counterclaim already filed, it stands to reason that the filing of Setting up a crossclaim arising after the answer. A cross
in the instant case should have been filed as a counterclaim in
a motion to dismiss the complaint is an implied waiver of the claim which either matured or was acquired by a party after
the first civil case.
compulsory counterclaim because the grant of the motion serving his pleading may, with the permission of the court, be
ultimately results in the dismissal of the counterclaim.
Permissive counterclaim
presented as a cross-claim by supplemental pleading before permissive or compulsory the original complaint b. Involves extraneous issues. matters extraneous to the
judgment. Section 7, Rule 6 Section 8, Rule 6 issue in the principal case are raised; or
Counter-counterclaims and counter-cross-claims. A c. Introduces new issues. the effect would be to
counterclaim may be asserted against an original counter- introduce a new and separate controversy into the
claimant. Third, fourth, etc- party complaint action. Section 11, Rule 6
A cross-claim may also be filed against an original cross- Third, (fourth, etc.)-party complaint. A third (fourth, etc.)- Tests to determine whether the third-party complaint is in
claimant. Section 9, Rule 6 party complaint is a claim that a defending party may, with respect of plaintiff’s claim
leave of court, file against a person not a party to the action,
How to set up an omitted cross-claim. A cross-claim not called the third (fourth, etc.)-party defendant for: 1. Whether it arises out of the same transaction on which
initially set up because of the pleader’s oversight, a. contribution, the plaintiff’s claim is based, or, although arising out
inadvertence, excusable neglect or when justice requires, may b. indemnity, of another or different transaction, is connected with
be set up, by leave of court by amendment before judgment c. subrogation or the plaintiff’s claim;
Section 10, Rule 11, Rules of Court d. any other relief, 2. Whether the third-party defendant would be liable to
in respect of his or her opponent's claim. Section 11, Rule 6 the plaintiff or to the defendant for all or part of the
Requisites of cross-claim plaintiff’s claim against the original defendant; and
• Example. A and B owed C P400,000. B, who 3. Whether the third-party defendant may assert any
1. A claim by one party against a co-party; received money from C, gave A P200,000 and D defenses which the third-party plaintiff has or may
2. It must arise out of the subject matter of the complaint P100,000. If C sues B for collection, B may file a have to the plaintiff’s claim Capayas v CFI
or of the counterclaim; and third-party complaint against D.
3. The cross-claimant is prejudiced by the claim against Note. Where the trial court has jurisdiction over the main
him by the opposing party Section 8, Rule 6 Leave of court necessary. Leave of court is necessary in third case, it also has jurisdiction over the third- party complaint,
(fourth, etc.) –party complaint in order to obviate delay in the regardless of the amount involved as a third-party complaint is
Effect if a cross-claim was not set up resolution of the complaint, such as when the third-party merely auxiliary to and is a continuation of the main action.
defendant cannot be located, or when unnecessary issues may Republic v Central Surety & Insurance Co.
General rule. Barred if not set up. Section 2, Rule 9 be introduced, or when a new and separate controversy is
introduced (Herrera, 2007 Bringing new parties. When the presence of parties other
Exception. If it is not asserted due to oversight, inadvertence, • Leave of court is not required in cross-claims and than those to the original action is required for the granting of
or excusable negligence, it may still be set up with leave of counterclaims because the parties involved are complete relief in the determination of a counterclaim or
court by amendment of the pleadings. Section 10, Rule 11 already parties to the action. cross-claim, the court shall order them to be brought in as
defendants, if jurisdiction over them can be obtained. Section
Counterclaim vs. Cross-claim When third (fourth, etc.)-party complaint shall be denied. 12, Rule 6
The third (fourth, etc.)-party complaint shall be denied
Counterclaim Cross-claim admission, and the court shall require the defendant to Answer to third (fourth, etc.)-party complaint. A third
It is a claim against an It is a claim against a co- institute a separate action, where: (fourth, etc.)- party defendant may allege in his or her answer
opposing party party a. Defendant not located in 30 days. the third (fourth, his or her defenses, counterclaims or cross-claims, including
It may or may not arise out It must arise from the etc.)- party defendant cannot be located within thirty such defenses that the third (fourth, etc.)-party plaintiff may
of the subject matter of the transaction or occurrence (30) calendar days from the grant of such leave; have against the original plaintiff's claim. In proper cases, he
complaint, as it may be that is the subject matter of or she may also assert a counterclaim against the original

plaintiff in respect of the latter's claim against the third-party 6. Intervenor’s rights may not be fully protected in a paragraph of the complaint,' is but a general denial. It is not a
plaintiff. Section 13, Rule 6 separate proceeding Section 1, Rule 19 specific denial, because it does not deal specifically with each
material allegation of fact, nor does it set forth the substance
Complaint in intervention Meaning of legal interest. The legal interest must be one that of the matters upon which the defendant relies to support his
is actual and material, direct and of an immediate character, denial. It does not serve the purpose of requiring the defendant
Complaint-in-intervention. It is a pleading filed for the not merely contingent or expectant so that the intervenor will to make a specific denial, which is to compel him to specify
purpose of asserting a claim against either or all of the original either gain or lose by the direct legal operation of the the matters which he intends to disprove and disclose the
parties Section 3, Rule 19 judgment matters upon which he relies to support his denial, thereby
limiting the issues and avoiding unnecessary delays and
Nature of intervention. Intervention is a remedy by which a Time for intervention. The motion to intervene may be filed surprises.
third party, not originally impleaded in the proceedings, at any time before rendition of judgment by the trial court. • An unexplained denial of information and belief of a
becomes a litigant therein to enable him, her or it to protect or matter of records, the means of information
preserve a right or interest which may be affected by such PLEADING FOR DEFENSES concerning which are within the control of the
proceedings. It is a proceeding in a suit or action by which a pleader, or are readily accessible to him, is evasive
third person is permitted by the court to make himself a party, Answer and is insufficient to constitute an effective denial. JP
• either joining plaintiff in claiming what is sought by Juan and Sons v Lianga Industries
the complaint, or Answer. An answer is a pleading in which a defending party
• uniting with defendant in resisting the claims of sets forth his or her defenses. Section 4, Rule 6 Specific denial. This is discussed under Section 11, Rule 8.
plaintiff, or • It may likewise be the response to a counterclaim or a 1. A defendant must specify each material allegation of
• demanding something adversely to both of them. cross-claim. fact the truth of which he or she does not admit and,
• It may be an answer to the complaint, an answer to a whenever practicable, shall set forth the substance of
Supplemental proceeding. Intervention is never an counter-claim, or an answer to a cross-claim. the matters upon which he or she relies to support his
independent proceeding but is ancillary and supplemental to or her denial.
an existing litigation. Defenses 2. Where a defendant desires to deny only a part of an
averment, he or she shall specify so much of it as is
Not a matter of right. Intervention is not a matter of right Defenses. Defenses may either be negative or affirmative. true and material and shall deny only the remainder.
and may be permitted only when the applicant shows acts Section 5, Rule 6 3. Where a defendant is without knowledge or
which satisfy the requirements for authorizing intervention. information sufficient to form a belief as to the truth
Negative defenses of a material averment made to the complaint, he or
Requisites for an Intervention by a non-party in an action she shall so state, and this shall have the effect of a
pending in court Negative defense. A negative defense is the specific denial of denial.
1. Legal interest in the matter in controversy; the material fact or facts alleged in the pleading of the
2. Legal interest in the success of either of the parties; or claimant essential to his or her cause or causes of action. Specific denials that must be made under oath
3. Legal interest against both; or
4. So situated as to be adversely affected by a 1. A denial of an actionable document. Section 8, Rule
Denial must be specific; Specific denials deal with material 8); and
distribution or other disposition of property in the
allegations of fact and substantiates the denial. Defendant's 2. A denial of allegation of usury in a complaint to
custody of the court or of an officer thereof.
answer wherein it merely 'denies generally and specifically recover usurious interest. Section 11, Rule 8
5. Intervention will not unduly delay or prejudice the
each and every allegation contained in each and every
adjudication of the rights of original parties; and
Actionable document. Whenever an action or defense is This is a case for recovery of possession and to quiet title over 2. Conclusions in a pleading because it is for the court to
based or founded upon a written instrument or document, said a parcel of land filed by Galofa against Sing. This shows make conclusions
instrument or document is deemed an actionable document. denial by defendant amounting to negative pregnants. 3. Non-material averments because only material
allegations have to be denied (Section 11, Rule 8)
Insufficient denials or denials amounting to an admission
1. General denial. This is an admission of the material Allegation 1. Plaintiff was unable to take actual possession of Affirmative defenses
averments in the complaint. Section 11, Rule 8; an the land because of the unwarranted adverse claim of rights of
2. Denial in the form of a negative pregnant ownership and possession by defendant or his tenant, alleging Affirmative defense. An affirmative defense is an:
sale by a certain Nicolas of said property to defendant. a. allegation of a new matter which,
Negative pregnant. It is a negative implying also an Denial #1. The defendant denies the material averments b. while hypothetically admitting the material
affirmative and which, although is stated in negative form, contained in P4 the truth being, that the defendant never allegations in the pleading of the claimant,
really admits the allegations to which it relates. It does not asserted title of ownership to the property to anybody, much c. would nevertheless prevent or bar recovery by him or
qualify as a specific denial. It is conceded to be actually an less to plaintiff in virtue of any deed of conveyance executed her.
admission. in favor of the defendant by one Fe Nicolas, nor claimed any
• Otherwise stated, it refers to a denial which implies its right over the said property, either by himself or another. The affirmative defenses include:
affirmative opposite by seeming to deny only a Negative pregnant. The defendant merely denied the manner P.E.R.S.I.S.D.A.F.F
qualification or an incidental aspect of the allegation of how he exercised adverse claim and not the fact of a. payment,
but not the main allegation itself. exercising adverse claim itself. This is therefore, a negative b. estoppel,
• Ambiguous pleading. A denial in the form of a pregnant equivalent to admission. c. release
negative pregnant is an ambiguous pleading, since it d. statute of frauds,
cannot be ascertained whether it is the fact, or only Allegation #2. Plaintiff was compelled to ventilate this case to e. illegality,
the qualification that is intended to be denied. Galofa court and in so doing has to retain the services of counsel for f. statute of limitations,
v Nee Bon Sing the contracted amount of no less than P1,500.00 and/or spent g. discharge in bankruptcy
or will spend the sum of P500.00 h. any other matter by way of confession and avoidance
Example: The defense alleges: I never borrowed money from Denial #2. That if in fact the plaintiff had contracted, the i. fraud,
C from 2019 to 2020. This implies that the pleader had services of counsel and will spend the amounts therein j. former recovery
borrowed money at some other time and was only denying specified occasioned by the institution of the action, the same .
that he did so in the years mentioned. is his own personal responsibility, for defendant denies any Affirmative defenses may also include grounds for the
part and assumes no liability therefor in any manner dismissal of a complaint, specifically:
Example: An assertion of a defendant which questions the whatsoever. a. Lack of jurisdiction. That the court has no
amount of money involved in a bank account but does not Negative pregnant. The defendant does not deny the alleged jurisdiction over the subject matter,
deny its existence, when such is the issue in the case, is said to fact; what he denies in his liability therefor, which is an issue b. Litis pendentia. That there is another action pending
have admitted the existence of such bank account. The denial of law. Since the defendant neither denies nor admits the between the same parties for the same cause, or
of the amount of money deposited is pregnant with an material allegation about the services of plaintiff's counsel, c. Res judicata. That the action is barred by a prior
admission of the existence of the bank account. Republic of judgment on the pleadings is proper. judgment.
the Philippines v. Sandiganbayan
Matters not deemed admitted by the failure to make a Defense by way of confession or avoidance. A defense is
Galofa v Nee Bon Sing specific denial affirmative when its purpose is to prevent or bar recovery by
1. Amount of unliquidated damages (Section 11, Rule 8)
the claiming party even if it hypothetically admits the material is under the premise that there is no procedural impediment to In determining WON estoppel or waiver applies, first
allegations in the pleading of the claimant. amend the answer, such as in this case.] Aznar v Bernad determine if the issue is jurisdiction over the subject matter or
over the person.
Prescription
Prescription may be considered even if not alleged in an Jurisdiction over the person
MTD or in the answer if apparent on the face of the 1. Lack of jurisdiction over the person of the defendant
1. Prescription may be considered even if not raised in
complaint. Lastly, even assuming that the petitioners had may be waived either expressly or impliedly. When a
the MTD or in the answer as long as it is apparent in
indeed failed to raise the affirmative defense of prescription in defendant voluntarily appears, he is deemed to have
the face of the complaint. submitted himself to the jurisdiction of the court. If he
a motion to dismiss or in an appropriate pleading (answer, or
2. The court may motu proprio dismiss the case on the so wishes not to waive this defense, he must do so
amended or supplemental answer) and an amendment would
ground of prescription. seasonably by motion for the purpose of objecting to
no longer be feasible, still prescription, if apparent on the face
the jurisdiction of the court; otherwise, he shall be
of the complaint, may be favorably considered. Aznar v
The defense of prescription, even if not raised in a motion deemed to have submitted himself to that jurisdiction.
Bernad
to dismiss or in the answer, is not deemed waived unless 2. If the defendant, besides setting up in a motion to
such defense raises issues of fact not appearing upon the dismiss his objection to the jurisdiction of the court,
Court may dismiss the case motu proprio on grounds of alleges at the same time any other ground for
preceding pleading. It is true that the defense of prescription
prescription. When the evidence shows that the cause of dismissing the action, he is deemed to have submitted
can only be considered if the same is invoked as such in the
action upon which plaintiff's complaint is based is already himself to the jurisdiction of the court.
answer of the defendant, such rule does not obtain when the
barred by the statute of limitations, the court may motu
evidence shows that the cause of action upon which the
proprio dismiss the complaint. PNB v Perez Jurisdiction over the subject matter
plaintiff’s complaint is based is already barred by the statute
of limitations. In this case, it was apparent in the plaintiff’s 1. Case where the court had no jurisdiction, but the
Lack of jurisdiction over subject matter case was decided in theory that it had jurisdiction.
complaint that the action has already prescribed— the
Where the court itself clearly has no jurisdiction over
complaint alleges that the accident occurred on Dec. 31, 1970
Defense regarding jurisdiction over subject matter can be the subject matter or the nature of the action, the
and it is undisputed that the action for damages was only filed invocation of this defense may be done at any time. It
raised at anytime and cannot be waived. Pursuant to their
on Jan. 6, 1975. Hence, the defense of prescription may is neither for the courts nor the parties to violate or
contract, Yao and Naval submitted their disagreement to
prosper. Ferrer v Ericta disregard that rule, let alone to confer that
arbitration. In his amended petition, Yao prayed for the Court
jurisdiction, this matter being legislative in character.
An amended answer filed on time takes the place of the to order Naval to pay interest on unpaid rentals and damages.
Neither estoppel nor waiver shall apply.
original answer; defense [prescription] raised therein is as But the Arbitration Law explicitly confines the court's 2. Case where the court had jurisdiction but the case
good as raised in the original one. The general rule, it is authority only to pass upon the issue of whether there is or was decided in theory that had no jurisdiction. If
true, is that the affirmative defense of prescription when not there is no agreement in writing providing for arbitration. The the lower court had jurisdiction, and the case was
seasonably raised in either a motion to dismiss or in the lack of jurisdiction by the court is indisputable, given the heard and decided upon a given theory, such, for
answer, is deemed waived. This case, however, does not fall nature of the controversy—the claim for damages, which instance, as that the court had no jurisdiction, the
under the cited rule. It cannot be said that the petitioners failed poses an issue litigable in an ordinary civil action. The rule is party who induced it to adopt such theory will not be
to allege the defense of prescription in their answer. Precisely, that whenever it appears that the court has no jurisdiction over permitted, on appeal, to assume an inconsistent
the amended answer is being submitted to take the place of the the subject matter, the action shall be dismissed. This defense position — that the lower court had jurisdiction. Here,
original one. Once the amended answer is admitted, the may be interposed at any time, even during appeal. Hence, the principle of estoppel applies.
original answer passes into oblivion and ceases to exist with estoppel cannot be applied. La Naval Drug Corp v CA
its former place entirely taken over by the amended answer, Forum shopping
which contained the affirmative defense of prescription. [This Summary of Rules in lack of jurisdiction over the person
Forum shopping. Forum shopping is defined as:
and over the subject matter
1. the act of a party against whom an adverse judgment 3. filing multiple cases based on the same cause of exclusive right to make, use and sell Sulbactam
has been rendered in one forum, of seeking another action but with diiferent prayers (splitting of causes of Ampicillin products and that petitioner violated this
(and possibly favorable) opinion in another forum action, where the ground for dismissal is also right. Thus, it does not matter that the patents upon
(other than by appeal or the special civil action either litis pendentia or res judicata) which the complaints were based are different [one
of Certiorari), or was for patent 21116, the other for 26810].
2. the institution of two (2) or more actions or Philippine Pharmawealth v Pfizer
proceedings grounded on the same cause on the Pfizer is marketing Unasyn, the sole distributor of which in It is clear from the foregoing that the ultimate objective which
supposition that one or the other court would make a the PH is Zuelig Pharma. PH Pharmawealth submitted bids respondents seek to achieve in their separate complaints filed
favorable disposition for the supply of Unasyn to several hospitals without the with the RTC and the IPO, is to ask for damages for the
consent of Pfizer. Upon motion of Pfizer, BLA-IPO issued a alleged violation of their right to exclusively sell Sulbactam
Elements of forum shopping: TRO and PI. Ampicillin products and to permanently prevent or prohibit
1. identity of parties, or at least such parties that petitioner from selling said products to any entity. Owing to
represent the same interests in both actions; the substantial identity of parties, reliefs and issues in the IPO
Case 1: Prior to its expiration, Pfizer moved to extend, but
2. identity of rights asserted and reliefs prayed for, the
was denied. Hence, it filed a special civil action for Certiorari and RTC cases, a decision in one case will necessarily amount
reliefs being founded on the same facts;
3. identity of the two preceding particulars, such that any assailing the BLA-IPO’s decision. It also prayed for to res judicata in the other action. Clearly, Pfizer committed
judgment rendered in the other action will, regardless reinstatement and extension of the WPI. While the same was forum shopping.
of which party is successful, amount to res judicata in pending, case 2 was filed.
the action under consideration Case 2: Pfizer filed a complaint before the RTC of Makati for When there is no forum shopping. In the following cases,
infringement and unfair competition with damages. It also the SC ruled that forum shopping was not committed:
Effect of forum shopping. prayed for a TRO and PI to prevent PH Pharma from 1. Raising the matter to a correct forum after having
1. Willful and deliberate. If the forum shopping is importing, distributing, selling, or offering for sale Unasyn. realized the resort to an erroneous remedy, an error
willful and deliberate, both (or all, if there are more having been committed in good faith, is not forum
than two) actions shall be dismissed with prejudice. Was forum shopping committed? shopping. Land Bank of the PH v Dalauta
2. Neither willful nor deliberate. if the forum shopping YES [See elements] 2. Fling the same case but at the time the first complaint
is not considered willful and deliberate, the Parties. There is no question as to the identity of parties in the was filed, the ground asserted in the second case was
subsequent case shall be dismissed without prejudice, complaints filed with the IPO and the RTC. not yet available. Umale v Canoga Park Development
on the ground of either litis pendentia or res judicata. Causes of action. There is identity of causes of action Rules
of Court defines a cause of action as the act or omission by Litis pendentia
Jurisprudence has recognized that forum shopping can be
which a party violates a right of another.
committed in several ways: Grounds to invoke litis pendentia. The rule is that one of
• In the instant case, respondents' cause of action in
their complaint filed with the IPO is the alleged act of two actions will be dismissed on ground of litis pendentia if
City of Taguig v City of Makati
petitioner in importing, distributing, selling or the following requisites concur:
1. filing multiple cases based on the same cause of
offering for sale Sulbactam Ampicillin products, acts a. identity of parties, or at least such as representing the
action and with the same prayer, the previous case not
that are supposedly violative of respondents' right to same interest in both actions;
having been resolved yet (where the ground for
the exclusive sale of the said products which are b. identity of rights asserted and relief prayed for, the
dismissal is litis pendentia);
covered by the latter's patent. relief being founded on the same facts;
2. filing multiple cases based on the same cause of
action and the same prayer, the previous case having • However, a careful reading of the complaint filed with c. the identity in the two (2) cases should be such that
the RTC of Makati City would show that respondents judgment in one would amount to res judicata in the
been finally resolved (where the ground for dismissal
have the same cause of action as in their complaint other.
is res judicata); and
filed with the IPO. They claim that they have the
When the elements of litis pendentia exist, the action filed Trial court ruling: form by which Tuazon’s right as owner of the land is
later should be abated to avoid multiplicity of suits. A and • Trial court denied the writ of possession in CC1 and enforced, but there is really an identity of causes of action—
B are involved in an Exclusive Retail Agreement wherein CA affirmed this. the continued violation of what she believes to be her right to
each of them allege that the other pre-terminated said • The trial court nullified the foreclosure proceedings in exclusive ownership of the land and enjoyment of the land.
agreement. A filed a complaint for damages with an Civil case 2, this was reversed by the CA, but SC • Evidence of her exclusive ownership is indispensable
application for a writ of replevin against B in RTC Makati. B affirmed the RTC decision. in prosecuting her claims in CC1 and CC3.
later on filed a complaint for Breach and Confirmation of • Trial court also ordered the dismissal of CC3 on the • Although she could not have proffered such evidence
Contracts and Damages against A in RTC Quezon City. Each ground of lis pendens, specifically the pendency of in CC2 where she was not impleaded, her rights are
of them filed their respective motions to dismiss. Which of the civil case 1 [TC said here that Tuzaon should have inherently contingent on those of DBP’s because she
sought protection of her right in CC1]. In CC1, the may not be deemed a purchaser in good faith and
2 cases should be dismissed? When the requisites for litis
petition of DBP and Tuazon were denied. CA accorded legal protection as such.
pendentia are present, the latter case should be dismissed.
reversed this. Hence, the current case. Ruling. DBP, having been legally declared non-owner, and
Undisputably, the parties in the Makati case and the Quezon
the Sempios having been previously restored by the SC to full
City case are the same. Petitioner is the plaintiff in the Makati Is there litis pendentia or res judicata in CC3 vis-à-vis CC1 ownership of the land, Tuazon is bound by said ruling [in
case and the defendant in the Quezon City case; and and CC2?
respondent is the defendant in the Makati case and the CC2] and CC3 was correctly dismissed by the RTC on the
YES. ground of lis pendens and res judicata.
plaintiff in the Quezon City case. The rights asserted and the [see requisites above]
reliefs prayed for by petitioner in the Makati City case and the
Res judicata
rights asserted and the reliefs prayed for by respondent in the Parties. Note that Tuazon was plaintiff in CC3, intervenor in
Quezon City case are all based on the validity of the pre- CC1 and not a party in CC2. Only substantial, and not Res judicata. Res judicata literally means a matter adjudged;
termination of the Exclusive Retail Agreements. In view of absolute, identity of parties is required for lis pendens or a thing judicially acted upon or decided; a thing or matter
those similarities in the two actions, a final judgment on the res judicata. There is a substantial identity of parties when settled by judgment.
merits in one would be a bar against the other on the ground there is a community of interest between a party in the first • It rests on the principle that parties should not to
of res judicata. Hence, the civil case filed by B in QC should case and a party in the second case, albeit the latter was not be permitted to litigate the same issue more than
be dismissed. Pacsports Phils., Inc. v Niccolo Sports impleaded in the first case. once; that, when a right or fact has been judicially
• In this case, Tuazon was not impleaded in CC2, but tried and determined by a court of competent
Sempio v CA DBP was a party thereat. The interests of Tuazon and jurisdiction, or an opportunity for such trial has been
DBP extrajudicially foreclosed the land owned by the DBP are intertwined such that the exercise of given, the judgment of the court, so long as it remains
Sempios for the latter’s failure to pay their debt. Said land was Tuazon’s rights is conditioned on DBP’s successful unreversed, should be conclusive upon the parties and
subsequently sold to Tuazon. The Sempios, however, question defense of the validity of its foreclosure procedures in those in privity with them in law or estate.
the validity of the foreclosure proceedings for lack of notice to CC2. Thus, there is a community of interest and a • Controversies once decided on their merits shall
them. substantial identity of parties between DBP and remain in repose, that inconsistent judicial decision
• 178789 Civil case 1: DPB filed a petition for issuance Tuazon in so far as CC2 and CC3 are concerned. shall not be made on the same set of facts, and that
of writ of possession ex-parte; Tuazon as new owner, • There is also a substantial identity of parties between there be an end to litigation which, without the
sought to intervene CC1 and CC3. That Tuazon was a mere intervenor in doctrine of res judicata, would be endless.
• 181-M-90 Civil case 2: Sempios filed a complaint for CC1 does not preclude the appreciation of existence • Parties come to the courts in order to resolve
annulment of foreclosure, reconveyance of title and of identity of parties because no less indubitable is the controversies; a judgment would be of little use in
damages. uniform interest of Tuazon as new owner of the land. resolving disputes if the parties were free to ignore it
• 681-M-90 Civil case 3: Tuazon asked the court to Cause of action. Note that CC1 involves the issuance of writ and to litigate the same claims again and again.
enjoin the Sempios from digging any portion of the of possession, CC2 involves annulment of foreclosure, and Although judicial determinations are not infallible,
land. CC3 injunction with damages. What is dissimilar is only the judicial error should be corrected through appeals
procedures, not through repeated suits on the same Reply. A reply is a pleading, the office or function of which is
claim. Degayo v Magbanua to deny, or allege facts in denial or avoidance of new matters
• Further, to allow re-litigation creates the risk of Res judicata does not require absolute identity of causes of alleged in, or relating to, said actionable document
inconsistent results and presents the embarrassing action; it only requires identity of issues. A and B are both
problem of determining which of two conflicting claiming ownership over the same parcel of land. B filed a When plaintiff may reply. However, the plaintiff may file a
decisions is to be preferred. Since there is no reason to complaint against C for ownership over the same claiming reply only if the defending party attaches an actionable
suppose that the second or third determination of a that the area was an abandoned riverbed and therefore it document to his or her answer.
claim necessarily is more accurate than the first, the
accrued to them as owners of the land where the new riverbed • In the event of an actionable document attached to the
first should be left undisturbed.
ran through. A sought to intervene but was denied, so A filed reply, the defendant may file a rejoinder if the same is
Two distinct concepts of res judicata: a suit against B for declaration of ownership with damages. In based solely on an actionable document.
1. Bar by former judgment - the effect of a judgment the first case, RTC ruled in favour of B and the decision has
as a bar to the prosecution of a second action upon the attained finality. In the second case, the court ruled in favour New matters in a reply. All new matters alleged in the
same claim, demand or cause of action. In traditional of A. The first case [filed by B] already constituted res answer are deemed controverted. If the plaintiff wishes to
terminology, this aspect is known as merger or bar; in judicata. The decision was adjudicated on the merits, at this, it interpose any claims arising out of the new matters so alleged,
modern terminology, it is called claim preclusion. was tendered after a consideration of the evidence or such claims shall be set forth in an amended or supplemental
2. Conclusiveness of judgment - the relitigation of a stipulations submitted by the parties at the trial of the case by complaint. Section 10, Rule 6
particular fact of issue in another action between the a court that had jurisdiction over the subject matter and the
same parties on a different claim or cause of action. parties. Reply is not mandatory. As a rule, the filing of a reply to the
This is traditionally known as collateral estoppel; in • Parties. There is an identity of parties between the 2 answer is not mandatory and will not have an adverse effect
modern terminology, it is called issue preclusion. cases. Absolute identity of parties is not required, on the defendant. If a party does not file such reply, all the
a. Conclusiveness of judgment finds application shared identity of interest is sufficient to invoke the new matters alleged in the answer are deemed controverted or
when a fact or question has been squarely put coverage of this principle. Thus, it is enough that
in issue, judicially passed upon, and adjudged denied. No admission follows from the failure to file a reply.
there is a community of interest between a party in the • Hence, if the answer to the complaint alleges as a
in a former suit by a court of competent first case and a party in the second case even if the
jurisdiction. The fact or question settled by defense the prescription of the action, the failure of
latter was not impleaded in the first case. In this case,
final judgment or order binds the parties to the plaintiff to specifically deny the prescription will
A had the community of interest with C because their
that action (and persons in privity with them claims emanate from a single fundamental allegation not amount to an admission that the debt has
or their successors-in-interest), and continues and that the success or failure of C will affect A. prescribed because the rule already denies the matter
to bind them while the judgment or order • Cause of action. The fact that the present cause of of prescription without the plaintiff making a specific
remains standing and unreversed by proper action is based on an accretion claim does not prevent denial.
authority on a timely motion or petition; the the application of res judicata. Under the concept of
conclusively settled fact or question conclusiveness of judgment, res judicata operates When filing of reply is advisable. When the defense in the
furthermore cannot again be litigated in any even if no absolute identity of causes of action exists. answer is based upon a written instrument or document, said
future or other action between the same It merely requires identity of issues. In this case, the instrument is considered an actionable document (Section 7,
parties or their privies and successors-in- parties are litigating the same properties subject of the
interest, in the same or in any other court of Rule 8, Rules of Court Hence, the plaintiff has to file a reply
earlier case inasmuch as they claim better right of under oath if he desires to deny specifically the genuineness
concurrent jurisdiction, either for the same or ownership.
for a different cause of action. Thus, only the and due execution of the actionable document and if he wants
identities of parties and issues are required for to avoid an admission of such matters.
REPLY
the operation of the principle of
conclusiveness of judgment. PLEADINGS ALLOWED IN SMALL CLAIMS CASES
Permissive counterclaim. The defendant may however, 3. For the enforcement of a barangay amicable
1. Statement of claim elect to file a counterclaim (permissive) against the settlement or an arbitration award involving a money
2. Response plaintiff even if does not arise out of the transaction or claim covered by this rule pursuant to Sec. 417 of the
3. Counterclaim occurrence that is the subject of the plaintiffs claim Local Gov’t Code Section 4, A.M. No. 08-8-7-SC
provided its amount and nature are covered by the herein
Statement of claim Rule Section 13, Rule of Procedure For Small Claims PLEADINGS ALLOWED UNDER THE RULES FOR
Cases, A.M. No. 088-7- SC, as amended SUMMARY PROCEDURE
Statement of Claim (Form 1-SSC Instead of filing a
complaint as in an ordinary civil action, a small claims action a. Compulsory counterclaim Allowed pleadings. When a case falls under the Rules on
is commenced by filing with the court an accomplished and i. Is within the coverage of the Rule (amount Summary Procedure, the only pleadings allowed to be filed
verified Statement of Claim. No other formal pleading is not exceeding Php 100,000), exclusive of are:
necessary to initiate a small claims action interest and costs; a. complaint;
It must be accompanied by: ii. Arises out of the same transaction or event b. compulsory counterclaim pleaded in the answer;
a. a certification of non-forum shopping and that is the subject matter of the plaintiff’s c. cross-claim pleaded in the answer; and
b. two photocopies of the actionable document/s subject claim; d. answers thereto. Section 3[A] II, Rules on Summary
of the claim as well as iii. Does not require for its adjudication the Procedure
c. affidavits of witnesses and other evidence to support joinder of third parties; and
the claim. iv. Is not a subject of another pending action Prohibited pleadings. A
No evidence shall be allowed during the hearing which Section 13, A.M. No. 08-8-7-SC) a. permissive counterclaim Section 3[A] II, Rules on
was not attached to the claim unless good cause is shown Summary Procedure)
for the admission of the evidence. Section 5, Rules on b. Permissive counterclaim b. third-party complaint,
Small Claims Counterclaim against the plaintiff that does not c. reply and
arise out of the same transaction or occurrence, d. pleading-in-intervention
Response provided that the amount and nature thereof are are prohibited under the Rules on Summary Procedure.
within the coverage of the Rule and the prescribed Section 19, IV, Rules on Summary Procedure
Response. Instead of filing an answer, the defendant shall docket and other legal fees are paid. Section 13,
file with the court and serve on the plaintiff a duly A.M. No. 08-8-7-SC Note. While in small claims cases, permissive counterclaim is
accomplished and verified Response. Section 10, Sec. 11, allowed as long as the amount and nature thereof is within the
Rule of Procedure For Small Claims Cases, A.M. No. Civil cases covered by the rule on small claims coverage of the Rule in Summary procedure, such is not
08-8-7-SC, as amended allowed .
Claims or demands may be:
• Compulsory counterclaim in response. Any claim 1. For money not exceeding Php 100,000 owed under Civil cases covered by the rules on summary procedure
which the defendant has against the plaintiff shall be any of following:
filed as a counterclaim in the Response where the a. Contract of lease; 1. Forcible entry and unlawful detainer. All cases of
counterclaim is compulsory as described in Sec. 13 of b. Contract of loan; forcible entry and unlawful detainer, irrespective of
the Rule of Procedure For Small Claims Cases. c. Contract of services; the amount of damages or unpaid rentals sought to be
d. Contract of sale; or recovered. When attorney’s fees are awarded, the
Counterclaim e. Contract of mortgage; same shall not exceed Php 20,000.00; and
2. For liquidated damages arising from contract; and

2. All other civil cases not exceeding P100k/P200k
except probate proceedings. All other civil cases,
except probate proceedings, where the total amount of
the plaintiff’s claim does not exceed Php 100,000 or
Php 200,000 in Metropolitan Manila, exclusive of
interest and costs (As amended by A.M. No. 02-11-
09-SC effective November 5, 2002
Prohibited pleadings, motions and petitions in small

claims and summary procedure
1. GR: Motion to dismiss the complaint (2016 Bar)

XPNs: In cases covered by summary procedure, a
Motion to Dismiss may be filed only either on the
ground of:
a. Lack of jurisdiction over the subject matter;
or
b. Failure to refer the dispute to the Lupon
Tagapamayapa,as required by the LGC.
In cases covered by small claims, a Motion to Dismiss
is a prohibited pleading which admits no exceptions
(SC En Banc Resolution dated October 27, 2009 in
A.M. No. 08-8-7-SC
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings,
affidavits, or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints; and
12. Interventions Section14, A.M. No. 08-8-7-SC)

RULE 7: PARTS AND CONTENTS OF A PLEADING ad majorem dei gloriam CIVIL PROCEDURE
RULE 7: Parties’ participation indicated. Their respective complaint. Section 3, Rule 2, Part II Rules of
participation in the case shall be indicated. This means that Procedure for Environmental Cases
Parts and Contents of a Pleading hey shall be indicated either as plaintiff or defendant. • Exception; small claims cases. The Statement of
1. Caption; Claim (complaint) shall be accompanied by the
2. Body Body affidavits of witness and other evidence to support the
a. Paragraphs claim, aside from photocopies of the actionable
b. Headings Body. The body of the pleading sets forth: document to support the claim.
c. Relief 1. its designation,
d. Date 2. the allegations of the party’s claims or defenses, Headings when causes of action are joined. When two or
3. Signature and address; 3. the relief prayed for, and more causes of action are joined, the statement of the first
4. Verification (in several cases); 4. the date of the pleading; Section 2, Rule 7 shall be prefaced by the words "first cause of action," of the
5. Other matters second by "second cause of action," and so on for the others.
6. Certification against forum shopping Allegations; numbered into paragraphs. The allegations in • When one or more paragraphs in the answer are
a. Undertakings in a certificate against non-forum the body of a pleading shall be divided into paragraphs so addressed to one of several causes of action in the
shopping numbered to be readily identified, each of which shall contain complaint, they shall be prefaced by the words
b. Signatories of the certificate a statement of a single set of circumstances so far as that can "answer to the first cause of action" or "answer to the
c. Non-compliance with the rule be done with convenience. A paragraph may be referred to by second cause of action" and so on; and
d. Consequences of non-filing its number in all succeeding pleadings. • when one or more paragraphs of the answer are
e. Belated filing of certificate addressed to several causes of action, they shall be
f. When violation regarding certification should be Allegations of ultimate facts. Every pleading, including the prefaced by words to that effect.
invoked complaint, is not supposed to allege conclusions. A pleading
7. Contents of a pleading must only aver facts because conclusions are for the courts to Relief. Also known as the prayer. The pleading shall specify
make. the relief sought, but it may add a general prayer for such
Caption • Allege ultimate facts. These are the facts essential to further or other relief as may be deemed just or equitable.
a party’s cause of action or defense Section 1, Rule 8, • General prayer. The inclusion of a general prayer
Caption. The caption sets forth: Rules of Court) or such facts as are so essential that may justify the grant of a remedy different from or
1. Name of the court; they cannot be stricken out without leaving the together with the specific remedy sought, if the facts
2. Title of the action; and statement of the cause of action inadequate. alleged in the complaint and the evidence introduced
3. Docket number, if assigned. Section 1, Rule 7 • Omit evidentiary facts. Every pleading shall omit so warrant. This is necessary because of the settled
from its allegations statements of mere evidentiary rule that the court cannot grant a relief not prayed for
Title of the action. The title of the action indicates the names facts. The rule prohibiting allegations of evidentiary or in excess of that being sought.
of the parties. facts in a pleading is not difficult to understand.
• All must be named in original petition. They shall Evidentiary matters are to be presented in the trial of Date. Every pleading shall be dated.
all be named in the original complaint or petition the case, not in the pleadings of the parties.
• First party nalang in subsequent pleadings. but in • Exception; Environmental cases. The complaint Signature and addresses
subsequent pleadings, it shall be sufficient if the name shall state that it is an environmental case and the law Section 3, Rule 7
of the first party on each side be stated with an involved. All evidence proving the cause of action
appropriate indication when there are other parties consisting affidavits, documents, and if possible, Who must sign. The complaint must be signed by:
object evidence, shall be attached to the verified 1. the plaintiff or
2. counsel representing him or her. severally liable for a violation committed by its partner, a. The allegations in the pleading are true and correct
associate, or employee. based on his or her personal knowledge, or based on
Significance of the signature of the counsel. The signature authentic documents;
of counsel constitutes a certificate by him or her that: Possible sanctions. The sanction may include, but shall not be b. The pleading is not filed to harass, cause unnecessary
1. he or she has read the pleading and document; limited to: delay, or needlessly increase the cost of litigation; and
2. that to the best of his or her knowledge, 1. non-monetary directive or sanction; c. The factual allegations therein have evidentiary
information, and belief, formed after an inquiry 2. an order to pay a penalty in court; or, support or, if specifically so identified, will likewise
reasonable under the circumstances: 3. if imposed on motion and warranted for effective have evidentiary support after a reasonable
a. It is not being presented for any improper deterrence, an order directing payment to the movant opportunity for discovery.
purpose, such as to harass, cause unnecessary of part or all of the reasonable attorney's fees and
delay, or needlessly increase the cost of other expenses directly resulting from the violation, Purpose of signature. The signature of the affiant shall
litigation; including attorney's fees for the filing of the motion further serve as a certification of the truthfulness of the
b. The claims, defenses, and other legal for sanction. allegations in the pleading.
contentions are warranted by existing law or The lawyer or law firm cannot pass on the monetary
jurisprudence, or by a non-frivolous argument penalty to the client. Non-compliance will be treated as unsigned pleading. A
for extending, modifying, or reversing pleading required to be verified that contains a verification
existing jurisprudence; Note on the signature. The rule is clear that only the based on "information and belief," or upon "knowledge,
c. The factual contentions have evidentiary signature of either the party himself or his counsel operates to information and belief," or lacks a proper verification, shall be
support or, if specifically so identified, will validly convert a pleading from one that is unsigned to one treated as an unsigned pleading.
likely have evidentiary support after that is signed. Republic v Kenrick Development Corporation
availment of the modes of discovery under Purpose of verification. It is intended to secure an assurance
these rules; and Verification that the allegations in a pleading are true and correct and not
d. The denials of factual contentions are Section 4, Rule 7 the product of the imagination or a matter of speculation, and
warranted on the evidence or, if specifically that the pleading is filed in good faith. Riano, 2014, citing
so identified, are reasonably based on belief General rule: Pleadings need not be under oath or verified. Sarmiento v. Zaratan, BPI vs C
or a lack of information. Except when otherwise specifically required by law or rule,
pleadings need not be under oath or verified Pleadings that must be verified
Effect of violation of rule. If the court determines: 1. Petition for relief from judgment;
a. on motion or motu proprio and Exception: Except when otherwise specifically required by 2. Petition for review from the RTCs to the CA;
b. after notice and hearing, law or rule. 3. Petition for review from the CTA and quasi-judicial
that this rule has been violated, it may: agencies to the CA;
a. impose an appropriate sanction or Verified through an affidavit. A pleading is verified by an 4. Appeal by certiorari from the CA to the SC;
b. refer such violation to the proper office for affidavit of an affiant duly authorized to sign said verification. 5. Petition for annulment of judgments or final orders
disciplinary action, The authorization of the affiant to act on behalf of a party, and resolutions;
on any attorney, law firm, or party that violated the rule, or is whether in the form of a secretary's certificate or a special 6. Complaint for injunction;
responsible for the violation. power of attorney, should be attached to the pleading, and 7. Application for appointment of receiver;
shall allege the following attestations: 8. Application for support pendente lite;
Solidary liability on firms and employees. Absent 9. Petition for certiorari against the judgments, final
exceptional circumstances, a law firm shall be held jointly and orders or resolutions of constitutional commissions;

10. Petition for certiorari, prohibition, mandamus, quo cases (Pampanga Sugar Development Co., Inc. v. essential facts and circumstances, and all raising
warranto NLRC substantially the same issues either pending in or
11. Complaint for expropriation; already resolved adversely by some other court. Asia
12. Complaint for forcible entry or unlawful detainer; Other requirements United Bank v Good- land Company, Inc., G.R. No.
13. Petition for indirect contempt; 191388, March 9, 2011
14. Petition for appointment of general guardian; PTR and IBP OR No. All pleadings, motions, and papers
15. Petition for leave to sell or encumber property of an filed in court by counsel shall bear, in addition to counsel’s See previous discussion on this matter
estate by a guardian; current Professional Tax Receipt Number (PTR), counsel’s
16. Petition for the declaration of competency of a ward; current IBP Official Receipt Number indicating its date of Undertakings in a certificate against forum shopping. This
17. Petition for habeas corpus; issue. Pleadings, motions, and papers which do not comply a sworn statement in which the plaintiff or principal party
18. Petition for change of name; with this requirement may not be acted upon by the court, certifies in a complaint or initiatory pleading to the following
without prejudice to whatever disciplinary action the court
19. Petition for voluntary judicial dissolution of a matters:
may take against the erring counsel who shall likewise be
corporation; 1. That the party has not commenced or filed any claim
required to comply with the requirement within five (5) days
20. Petition for correction or cancellation of entries in from notice. Failure to comply with such requirement shall be involving the same issues in any court, tribunal, or
Civil Registry Section1, Rule 108, Rules of Court); a ground for further disciplinary sanction and for contempt of quasi-judicial agency and, to the best of his
and court. Circular No. 10, July 24,1985; Bar Matter No. 287 knowledge, no such other action or claim is pending;
21. All other initiatory pleadings, e.g. Complaint 2. That if there is such other pending action or claim, a
MCLE Compliance. The Court further Resolved, upon the complete statement of the present status thereof; and
Effects of lack of verification (2016 Bar) recommendation of the Committee on Legal Education and 3. That if he should therefore learn that the same or
Bar Matters, to REQUIRE practicing members of the bar similar action or claim has been filed or is pending, he
1. Treated as unsigned. A pleading required to be to INDICATE in all pleadings filed before the courts or quasi- shall report that fact within five days therefrom to the
verified that contains a verification based on judicial bodies, the number and date of issue of their court wherein his aforesaid complaint or initiatory
"information and belief," or upon "knowledge, MCLE Certificate of Compliance or Certificate of pleading has been filed. Section 5, Rule 7
Exemption, as may be applicable, for the immediately
information and belief," or lacks the proper
preceding compliance period. Failure to disclose the required
verification shall be treated as an unsigned pleading Signatories of the certificate. It must be signed by the
information would cause the dismissal of the case and the
Section 4, Rule 7 expunction of the pleadings from the records. Bar Matter No. principal parties. If, for any reason, the principal party cannot
2. It does not necessarily render the pleading defective. 1922. sign the petition, the one signing on his behalf must have been
It is only a formal and not a jurisdictional duly authorized. With respect to a corporation, the
requirement. The requirement is a condition affecting Certification against forum shopping certification against forum shopping may be signed for and on
only the form of the pleading (Benguet Corp. v. Applicable also to special civil actions its behalf, by a specifically authorized lawyer who has
Cordillera Caraballo Mission, Inc.) and non- personal knowledge of the facts required to be disclosed in
compliance therewith does not necessarily render it Forum shopping. It is an act of a party against whom an such document. Cosco Philippines Inc. v Kemper Insurance
fatally defective (Sarmiento v. Zaranta) adverse judgment has been rendered in one forum, seeking Co.
3. The absence of verification may be corrected by and possibly getting a favorable opinion in another forum, • Rationale. It is the petitioner, not the counsel who is
requiring an oath. The rule is in keeping with the other than by appeal or the special civil action of certiorari. in the best position to know whether he or it actually
principle that rules of procedure are established to • There is forum shopping when a party repetitively caused the filing of a petition.
secure substantial justice and that technical avails of several judicial remedies in different courts,
requirements may be dispensed with in meritorious simultaneously or successively, all substantially Signing of the certificate; generally signed by all parties
founded on the same transactions and the same except when there is commonality of interest. The rule is
that the certificate of non-forum shopping must be signed by 3. In Uy v. LandBank, the Court had dismissed Uy’s
all the petitioners or plaintiffs in a case and the signing by Non-compliance with the rule on certification against petition for lack of verification and certification
only one of them is insufficient. However, under reasonable or forum shopping. It is not curable by mere amendment and against non- forum shopping. However, it
justifiable circumstances, as when all the plaintiffs or shall be a cause for the dismissal of the case without subsequently reinstated the petition after Uy
petitioners share a common interest and invoke a common prejudice, unless otherwise provided, upon motion and after submitted a motion to admit verification and non-
cause of action or defense, the signature of only one of them hearing [hence, not motu proprio]. forum shopping certification.
in the certification against forum shopping substantially • Submission of a false certification. It shall constitute Note: Any liberal application of the rule on attachment of
complies with the Rule. Jacinto v. Gumaru indirect contempt of court, without prejudice to the certification against forum shopping has to be justified by
corresponding administrative and criminal actions ample and sufficient reasons that maintain the integrity of, and
Signatories of the certificate; plaintiff is a juridical entity. • Non-compliance with the undertakings. It has the do not detract from, the mandatory character of the rule. Bank
The certification against forum shopping where the plaintiff is same effect as the submission of false certification. of the Philippine Islands v CA
a juridical entity like a corporation, may be executed by Hence, such failure shall constitute indirect contempt
properly authorized [board resolution] person. This person of court without prejudice to the corresponding Period to invoke rule on forum shopping. The general rule
may be a lawyer of a corporation, as long as he is duly administrative and criminal sanctions. is that it should be raised at the earliest opportunity in a
authorized by the corporation and has personal knowledge of motion to dismiss or a similar pleading. However, may be
the facts required to be disclosed in the certification. Consequence of forum shopping. It depends: invoked in later stages only if the violation arises from or will
• Exception. The following officers may sign the • If the forum shopping is not considered willful and result in:
verification and certification of non-forum shopping deliberate, the subsequent case shall be dismissed 1. The loss of jurisdiction over the subject matter;
on behalf of the corporation even in the absence of a without prejudice, on the ground of either litis 2. The pendency of another action between the same
board resolution: pendentia or res judicata. parties for the same cause;
1. Chairperson of the Board of Directors; • If the forum shopping is willful and deliberate, 3. Barring of the action by a prior judgment; or
2. President of the Corporation; both actions shall be dismissed with prejudice. It 4. The Statute of Limitations has been crossed.
3. General Manager; shall be a ground for the summary dismissal of the
4. Personnel Officer; or action, and shall constitute direct contempt, as well as Note. Failure to submit a certification against forum shopping is
5. Employment Specialist in labor cases cause for administrative sanctions on the party of the a ground for dismissal, separate and distinct from forum
Rationale. These officers are in the position to verify the counsel . shopping as a ground for dismissal.
truthfulness and correctness of the allegations in the petition.
Contents of a pleading
Mid Pasig Land and Development Corporation v Tablante Belated filing of certification against forum shopping.
Generally, the lack of certification against forum shopping is Contents of a pleading. Every pleading stating a party's
As a rule, the certification against forum shopping must be generally not curable by the submission thereof after the filing claims or defenses shall, in addition to those mandated by
executed by the party-pleader, not by his counsel. If, of the petition. However, in certain exceptional circumstances, Section 2, Rule 7, state the following: Section 6, Rule 7
however, for reasonable or justifiable reasons, the party- the Court has allowed the belated filing of the certification. a. Names of witnesses who will be presented to prove a
pleader is unable to sign, he must execute a Special Power of 1. In Loyola v. CA, et al., the Court considered the filing party's claim or defense;
Attorney designating his counsel of record to sign on his of the certification one day after the filing of an b. Summary of the witnesses' intended testimonies,
behalf. Anderson v Ho election protest as substantial compliance with the provided that the judicial affidavits of said witnesses
• The authorization of the affiant to act on behalf of a requirement. shall be attached to the pleading and form an integral
party, whether in the form of a secretary's certificate 2. In Roadway Express, Inc. v. CA, et al., the Court part thereof.
or a special power of attorney, should be attached to allowed the filing of the certification 14 days before
the pleading. Section 5, Rule 7 the dismissal of the petition.
• 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.

RULE 8: MANNER OF MAKING ALLEGATIONS IN PLEADINGS ad majorem dei gloriam CIVIL PROCEDURE
RULE 8: without leaving the statement of the cause of action Section 3, Rule 8
insufficient.
Manner of Making Allegations in Conditions precedent. In any pleading, a general averment of
Pleadings Alternative causes of actions or defenses the performance or occurrence of all conditions precedent
Section 2, Rule 8 shall be sufficient.
1. Averments in the pleadings:
a. Ultimate facts Alternative causes of action or defenses. A party may set It refers to matters which must be complied with
b. Alternative causes of action forth two or more statements of a claim or defense before a cause of action arises. When a claim is
c. Conditions precedent alternatively or hypothetically, either in one cause of action or subject to a condition precedent its compliance or
d. Capacity to sue or be sued defense or in separate causes of action or defenses. performance is not sufficient. The compliance of the
e. Fraud, mistake, condition of the mind same must be alleged in the pleading.
f. Judgment The subject provision recognizes that the liability of
g. Substance of an actionable document the defendant may possibly be based on either one of Examples of condition precedent
h. Official document two or more possible causes of action. 1. Tender of payment before consignation
2. Specific denial 2. Exhaustion of administrative remedies before
3. Affirmative defenses Example. The plaintiffs were allowed to sue based upon a resorting to judicial action
4. Striking out of pleading or matter therein quasi-delict theory and in the alternative, upon a breach of 3. Prior resort to barangay conciliation proceedings is
contract, where the death of their child occurred when they necessary in certain cases
AVERMENTS IN THE PLEADINGS were no longer on board the bus of the common carrier but at 4. Earnest efforts toward a compromise must be
the time the father was in the process of retrieving the undertaken when the suit is between members of the
Ultimate facts family’s personal belongings from the bus. Although same family and if no efforts were in fact made, the
Section 1, Rule 8 ultimately the case was ruled to be a breach of contract of case must be dismissed
carriage, the procedural device of pleading alternative causes 5. Arbitration may be a condition precedent when the
Manner of making allegations. Every pleading shall contain of action was strongly affirmed in this case. La Mallorca v CA contract between the parties provides for arbitration
in a methodical and logical form a plain, concise and direct first before recourse to judicial remedies
statement of: Insufficient statements. The pleading which contains
1. the ultimate facts, alternative causes of action is not made sufficient by the • Failure to submit to conciliation proceedings when
2. including the evidence on which the party pleading insufficiency of one or more of the alternative statements as required is ground to dismiss action. PD 1508
relies for his or her claim or defense, as the case may long as one of them, if made independently, would be makes the conciliation process at the Barangay level a
be. sufficient. condition precedent for the filing of a complaint in
3. If a cause of action or defense relied on is based on • This means that the rule does not require that all of Court. Non-compliance with that condition precedent
law, the pertinent provisions thereof and their the alternative causes of action be sufficient for the could affect the sufficiency of the plaintiff's cause of
applicability to him or her shall be clearly and plaintiff to be entitled to relief. It is enough that one action and make his complaint vulnerable to dismissal
concisely stated. of them, if made independently would be sufficient to on the ground of lack of cause of action or
support a cause of action. prematurity. Peregrina v Panis
Ultimate facts. They refer to the essential facts of the Failure to comply with a condition precedent. The failure
claim. A fact is essential if it cannot be stricken out Conditions precedent
to comply with a condition precedent is an independent
ground for a motion to dismiss: that a condition precedent for General for condition of the mind. Malice, intent, promissory note executed by the defendant in favor of
filing the claim has not been complied with. Section l[j], Rule knowledge, or other condition of the mind of a person may be the plaintiff. In an action for foreclosure of a
16, Rules of Court averred generally. mortgage, the actionable document would be the deed
of mortgage. On the other hand, if the defendant
Capacity to sue or be sued • Rationale. Unlike in fraud or mistake, they need not alleges that the debt has been paid, the receipt of
Section 4, Rule 8 be stated with particularity. The rule is borne out of payment issued by the plaintiff would be the
human experience. It is difficult to state the actionable document.
Capacity. Facts showing the capacity of a party to sue or be particulars constituting these matters (Riano, 2014
sued or the authority of a party to sue or be sued in a Pleading in an actionable document. Whenever an action or
representative capacity or the legal existence of an organized Judgment defense is based upon a written instrument or document:
association of persons that is made a party, must be averred. Section 6, Rule 8 1. The substance of such instrument or document shall
• Capacity may be issued by specific denial. A party be set forth in the pleading; and
desiring to raise an issue as to the legal existence of Judgment. In pleading a judgment or decision of a: 2. The original or a copy thereof shall be attached to the
any party or the capacity of any party to sue or be 1. domestic or foreign court, pleading as an exhibit, which shall be deemed to be a
sued in a representative capacity, shall do so by 2. judicial or quasi-judicial tribunal, or part of the pleading, or said copy may with like effect
specific denial, which shall include such supporting 3. of a board or officer, be set forth in the pleading. Section 7, Rule 8
particulars as are peculiarly within the pleader's it is sufficient to aver the judgment or decision without setting
knowledge. forth matter showing jurisdiction to render it. Contents of document controlling in case of variance. A
variance in the substance of the document set forth in the
Fraud, mistake, condition of the mind • Rationale. There is a rebuttal presumption that such pleading and the document annexed thereto does not warrant
Section 5, Rule 8 court was acting within its jurisdiction. Hence, the the dismissal of the action (Convets, Inc. v. National
presumption not being conclusive, the defending party Development Co. However, the contents of the document
Specific for fraud and mistake. In all averments of: is allowed to file a motion to dismiss for lack of annexed are controlling.
1. fraud or jurisdiction on over the subject matter of the claim.
2. mistake, The court may also dismiss it motu proprio. How to contest such documents; specific denial under
the circumstances constituting fraud or mistake must be stated oath. When an action or defense is founded upon a written
with particularity. Attach authenticated copy. An authenticated copy of the instrument, or attached to the corresponding pleading as
judgment or decision shall be attached to the pleading. provided in the preceding section, the genuineness and due
• Rationale. The complaint must state with execution of the instrument shall be deemed admitted unless
particularity the fraudulent acts of the adverse party. Substance of an actionable document the adverse party,
These particulars which would necessarily include 1. under oath specifically denies them, and
specific acts of fraud committed against the plaintiff Actionable document. It is a written instrument or document 2. sets forth what he or she claims to be the facts;
would help apprise the judge of the kind of fraud which is the basis of an action or a defense (e.g. a promissory Section 8, Rule 8
involved in the complaint. Riano, 2014. note in an action for collection of a sum of money
• Specific denial of an actionable document is not
• Examples. In an action for collection of a sum of enough. It must be under oath. Otherwise it is deemed
money, the actionable document would be the admitted.
sufficient to form a belief as to the truth of a material
• Meaning of admission. By the admission of the Official document or act averment made in the complaint
genuineness and due execution of an instrument is Section 9, Rule 8
meant that the party whose signature it bears admits Note. If such matters are plainly and necessarily within the
that he signed it or that it was signed by another for Official document or act. In pleading an official document or defendant’s knowledge, a claim of “ignorance of information
him with his authority; that at the time it was signed it official act, it is sufficient to aver that the document was will not be considered a specific denial. Aquintey v Tibong
was in words and figures exactly as set out in the issued or the act was done in compliance with law.
pleadings of the party relying upon it; that the General rule; Material averments not denied are deemed
documents was delivered; and that any formal SPECIFIC DENIALS admitted. averments in a pleading asserting a claim or
requisites required by law, such as a seal, an claims, shall be deemed admitted when not specifically
acknowledgment, or revenue stamp, which it lacks, Specific denials. A defendant must specify each material denied. Section 11, Rule 8
are waived by him. allegation of fact the truth of which he or she does not admit • No more triable issue when admitted. If the
and, whenever practicable, shall set forth the substance of the allegations are deemed admitted, there is no more
Specific denial under oath necessary when there is an matters upon which he or she relies to support his or her triable issue between the parties and if the admissions
actionable document, otherwise document is deemed denial. appear in the answer of the defendant, the plaintiff
admitted. The defendant, however, denied the allegation by • Partial denial. Where a defendant desires to deny may file a motion for judgment on the pleadings
saying that the defendants are without knowledge or only a part of an averment, he or she shall specify so under Rule 34 (Riano, 2014
information sufficient to form a belief as to the truth of the much of it as is true and material and shall deny only
material averments of the remainder of the complaint. As a the remainder. Exception; unliquidated damages. Allegations as to the
copy of the deed of mortgage formed part of the complaint, it • Denial by disavowal. Where a defendant is without amount of unliquidated damages, when not specifically
was easy for and within the power of the appellants, for knowledge or information sufficient to form a belief denied, are not deemed admitted. Section 11, Rule 8
instance, to determine and so specifically allege in their as to the truth of a material averment made to the
answer whether or not they had executed the alleged complaint, he or she shall so state, and this shall have AFFIRMATIVE DEFENSES
mortgage. The appellants could be aided in the matter by an the effect of a denial Section 10, Rule 8 Section 12, Rule 8
inquiry or verification as to its registration in the Registry of
Deeds. An unexplained denial of information and belief of a Forms of denials amounting to negative defenses: A defendant shall his or her affirmative defenses in his or her
matter of records, the means of information concerning which 1. Absolute denial. The defendant specifies each answer, which shall be limited to the reasons set forth under
are within the control of the pleader, or are readily accessible material allegation of fact the truth of which he does Section 5 (b), Rule 6, and the following grounds:
to him, is evasive and is insufficient to constitute an effective not admit and, whenever practicable, sets forth the 1. That the court has no jurisdiction over the person of
denial. The denial was a mere general denial warranting substance of the matters upon which he relies to the defending party;
judgment on the pleadings. Teribio v Bidin support his denial. 2. That venue is improperly laid;
2. Partial denial. The defendant does not make a total 3. That the plaintiff has no legal capacity to sue;
When denial under oath not necessary. But the requirement
denial of the material allegations in a specific 4. That the pleading asserting the claim states no cause
of an oath does not apply when:
paragraph. of action; and
1. the adverse party does not appear to be a party to the
3. Denial by disavowal of knowledge. The defendant 5. That a condition precedent for filing the claim has not
instrument or
alleges that he is without knowledge or information been complied with.
2. when compliance with an order for an inspection of
the original instrument is refused. Section 8, Rule 8
Failure to raise affirmative defense. Failure to raise the • In the present case, before the trial court issued the 1. Upon motion made by a party before responding to a
affirmative defenses at the earliest opportunity shall constitute questioned order dismissing petitioner's complaint, it pleading or,
a waiver thereof. had the opportunity to examine the merits of the 2. if no responsive pleading is permitted by these Rules,
Motu proprio resolution. The court shall motu proprio complaint, the answer with counterclaim, the 3. upon motion made by a party within twenty (20)
resolve the above affirmative defenses within thirty (30) petitioner's answer to the counterclaim and its answer calendar days after the service of the pleading upon
calendar days from the filing of the answer. to the request for admission. It was but logical for said him or her, or
court to consider all of these pleadings in determining 4. upon the court's own initiative at any time,
whether or not there was a sufficient cause of action
Summary hearing necessary for other grounds. As to the the court may order:
in the petitioner's complaint. The order of dismissal
other affirmative defenses under the first paragraph of Section was in the nature of a summary judgment. 1. any pleading to be stricken out or
5 (b), Rule 6, the court may conduct a summary hearing that any sham or false, redundant, immaterial,
within fifteen (15) calendar days from the filing of the answer. Eliza Zuñiga-Santos v Divina Santos-Gran impertinent, or scandalous matter be stricken out
Such affirmative defenses shall be resolved by the court Stating legal conclusion alone does not state cause of therefrom. Section 13, Rule 8
within thirty (30) calendar days from the termination of the action. The claim that the sale was effected through voidable
summary hearing. and void documents [without identifying such documents]
partakes merely of a conclusion of law that is not supported
Denial of affirmative defense subject to MR or certiorari. by any averment of circumstances that will show why or how
Affirmative defenses, if denied, shall not be the subject of a such conclusion was arrived at. In fact, what these "voidable
motion for reconsideration or petition for certiorari, and void documents" are were not properly stated and/or
prohibition or mandamus, but may be among the matters to be identified. By merely stating a legal conclusion, the Amended
raised on appeal after a judgment on the merits. Complaint presented no sufficient allegation upon which the
Court could grant the relief petitioner prayed for. Thus, said
Failure to state cause of action pleading should be dismissed on the ground of failure to state
cause of action.
Marcopper Mining Corporation v Miguel Garcia
General rule: When the motion to dismiss is based on the Insufficiency of factual basis is not a ground to dismiss.
ground that the complaint states no cause of action, no The ground for the dismissal should be that the pleading failed
evidence may be allowed and the issue should only be to state a cause of action. The ground of “insufficiency of
determined in the light of the allegations of the complaint. Its factual basis” is not a ground for a motion to dismiss. Rather,
sufficiency must be determined only from the allegations in it is a ground which becomes available only after the
the complaint. Judge may not inquire into the truth of the questions of fact have been resolved on the basis of
allegations and find them to be false before a hearing is had stipulations, admissions, or evidence presented. The proper
on the merits of the case. procedure is to demur to the evidence.
Exception: Trial court can properly dismiss a complaint on a STRIKING OUT OF PLEADING OR MATTER
motion to dismiss due to lack of cause of action even without CONTAINED THEREIN
a hearing, by taking into consideration the discussion in said
motion and the opposition thereto.
RULE 9: EFFECT OF FAILURE TO PLEAD ad majorem dei gloriam CIVIL PROCEDURE
RULE 9: COMPULSORY COUNTERCLAIM AND CROSS- Is NAMARCO barred to institute CC2 due to its failure to set
CLAIM NOT SETUP up the collection of the payment of merchandise in CC1? NO.
Effect of failure to plead
1. Defenses and objections not pleaded General rule. A compulsory counterclaim or cross-claim not CC2 was not a compulsory counterclaim. NAMARCO is
2. Compulsory counterclaim and cross-claim not setup set up in the answer is deemed barred. Section 2, Rule 9 not barred to institute this action for collection of the payment
3. Default of merchandise. A counterclaim is considered compulsory if it
a. Requisites before a party is declared in Exception. A counterclaim or a cross-claim which either bears a logical relationship to an opposing party’s claim. In
default matured or was acquired by a party after serving his pleading this case, the action of the FEDERATION in CC1, based on
b. Effect of an order of default may, with the permission of the court, be presented as a the refusal of the NAMARCO to deliver the other goods, had
c. Reliefs from order of default counterclaim or a cross-claim by supplemental pleading nothing to do with NAMARCO’s claim for the cost of the
4. Other causes for issuing order of default before judgment. Section 9, Rule 11 goods already delivered and, hence, such claim was not
5. Failure to file response in Small Claims Case necessarily connected therewith. In short, the claims of the
6. Failure file an answer under the Rule of Procedure for Setting up omitted counter or cross-claims. Counterclaims parties, while pertaining to the same contract, have different
Environmental Cases or cross-claims omitted through oversight, inadvertence, or objects. In CC1, the object was undelivered goods, while in
7. Failure to file return under Rules on Writ of Amparo excusable neglect or when justice requires may be set up by CC2 the object was payment for delivered goods. While
8. Failure to file return under Rules on Writ of Habeas amendment before judgment. Leave of court is necessary. NAMARCO’s refusal to deliver the remainder of goods is the
Data Section 10, Rule 11 important link in the chain of facts and events which was the
9. Failure to file answer under Revised Rules on basis of FEDERATION’s suit in CC1, it is not a part of the
Summary Procedure NAMARCO v Federation of NAMARCO Distributors transaction constituting the subject matter of CC2.
DEFENSES AND OBJECTIONS NOT PLEADED NAMARCO and FEDERATION entered into a Contract of DEFAULT
Section 1, Rule 9 Sale. FEDERATION filed CC1 for specific performance and
damages, based on NAMARCO’s refusal to deliver the Default. A party may be declared in default when he fails to
General rule. Defenses not pleaded in a motion to dismiss or remaining goods under the Contract of Sale. NAMARCO answer within the time allowed therefor, and:
in the answer are deemed waived. filed a reply without setting up any counterclaim for the value 1. upon motion of the claiming party
of the goods which it had already delivered, but which had not 2. with notice to the defending party, and
Exceptions. These defenses may be raised at any stage of the yet been paid for by the FEDERATION. CFI ordered 3. proof of such failure. Section 3, Rule 9
NAMARCO to deliver the remaining goods. SC affirmed
proceedings even for the first time on appeal:
CFI’s decision.
• Failure to attend trial or pre-trial is not a ground
1. Lack of jurisdiction over the subject matter; to declare a party in default. However, it may be
NAMARCO instituted CC2, praying for the payment by
• It may, however, be barred by laches, under FEDERATION of the cost of merchandise delivered to it by cause for the court to order the plaintiff to present his
facts similar to Tijam v. Siboghanoy NAMARCO. FEDERATION moved to dismiss alleging that evidence ex parte and for the court to render judgment
1. Litis pendentia (2010 Bar); NAMARCO failed to set up this compulsory counterclaim in on the basis thereof
2. Res judicata; and CC1 therefore, it is barred to claim such in an independent • Failure to attend trial does not amount to default.
3. Statute of limitations action. CFI ordered FEDERATION to pay the cost of the The failure of the defendant to attend the hearings for
merchandise prayed for by NAMARCO. the presentation of the evidence of the adverse party
amounts not to a default, but to a waiver of the

defendant’s right to object to the evidence presented Effect of an order of default would be acted upon by the court nor may he object to
during such hearings and to cross-examine the Section 3, Rule 9 or refute evidence or motions filed against him.
witnesses presented 2. No prohibition against being a witness. There is
1. Court renders judgment unless plaintiff ordered to nothing in the rule, however, which contemplates a
Requisites before a defending party may be declared in present evidence disqualification to be a witness or a opponent in a
default 2. Entitled to notice but cannot take part in the case. Default does not make him an incompetent. As
proceedins opposedΩ, to a party litigant, a witness is merely a
1. The court has validly acquired jurisdiction over the 3. Effect of partial default beholder, a spectator or onlooker, called upon to
testify to what he has seen, heard, or observed. As
person of the defending party; 4. Extent of relief granted
such, he takes no active part in the contest of rights
2. The defending party must have failed to file his 5. Where no defaults allowed between the parties.
answer within the time allowed therefor; 3. A party in default may thus be cited as a witness
3. The claiming party must file a motion to declare the Court renders judgment unless plaintiff is ordered to by his co-defendants who have the standing and the
defending party in default; present evidence. The court shall proceed to render judgment right to present evidence which the former may
4. The claiming party must prove that he defending granting the claimant such relief as his or her pleading may provide. In this case, only Perfecta was in default.
party has failed to answer within the period provided warrant, unless the court in its discretion requires the claimant
by the Rules of Court; to submit evidence. Such reception of evidence may be Defaulting party still has the right to appeal the decision
5. The defending party must be notified of the motion to delegated to the clerk of court. rendered. We hold that a defendant party declared in default
declare him in default; and retains the right to appeal from the judgment on the ground
6. There must be a hearing set on the motion to declare • Court may extend time to answer or accept late that the plaintiff failed to prove the material allegations of the
the defending party in default. Section 3, Rule 9; answer. The Rules provide for discretion on the part complaint, or that the decision is contrary to law, even without
need of the prior filing of a motion to set aside the order of
Salas v Sablas of the court not only to extend the time for filing an
default. Martinez v Republic
answer or other pleading to be filed after the time
Court cannot motu proprio declare a party in default. The fixed by the Rules. Section 11, Rule 11 Effect of partial default. When a pleading asserting a claim
court has no authority to motu proprio declare the defendant
states a common cause of action against several defending
in default. A motion to declare the defending party must be Entitled to notice but cannot take part. The party declared parties, some of whom answer and the others fail to do so, the
filed by the claiming party before a declaration of default is in default shall be entitled to notices of subsequent court shall try the case against all upon the answers thus filed
made by the court. The rule is clear, as Sec. 3 of Rule 9 proceedings but shall not take part in the trial. Section 3[a], and render judgment upon the evidence presented. Section
provides “upon motion of the claiming party” (Riano, 2014 Rule 9 3[c], Rule 9
• Exception; environmental cases. If the defendant Cavili v Florendo

Declaration of default not an admission. A declaration of
fails to answer within the period provided, the court 1. Loss of standing. This must be understood to mean default is not tantamount to an admission of tuth or the
shall declare the defendant in default. However, a only the forfeiture of one’s right as a party litigant, validity of the plaintiff’s claims. A judgment of default does
motion of the plaintiff is required before the court can contestant or legal adversary. A party in default loses not imply waiver of rights except that of being heard and
receive evidence ex parte and render judgment based his right to present his defense, control the
presenting evidence in the defendant’s favor. Monarch
thereon. Section 15, Rule 2, Rules of Procedure for proceedings, and examine or cross-examine Insurance v CA
Environmental Cases witnesses. He has no right to expect that his pleadings

Extent of relief to be awarded. The judgment shall not negligence judgment unless a writ of
exceed the amount or be different in kind from that prayed for preliminary injunction is
nor award unliquidated damages. Section 3[d], Rule 9 If denied. Petition for issued pending the petition’s
certiorari under Rule 65 resolution
Where no defaults allowed. If the defending party in an Before judgment becomes Motion for new trial. (Rule
action for: final and executory 37) Annulment of Judgment
(Period of appeal) The defendant must file the (Rule 47)
1. annulment or
motion within the period for Defendant has been wrongly He may avail of the special
2. declaration of nullity of marriage or
taking an appeal or within or improvidently declared in civil action of certiorari
3. for legal separation 15 days from notice of the default under Rule 65.
fails to answer, the court shall order the Solicitor General or default judgment.
his or her deputized public prosecutor: Remedies presuppose proper declaration of default. The
1. to investigate whether or not a collusion between the Although a default judgment remedies above presuppose that the defending party was
parties exists, and if there is no collusion, has already been rendered, properly declared in default. Certiorari will lie when said
2. to intervene for the State in order to see to it that the the filing of the motion for party was improperly declared in default because this would
evidence submitted is not fabricated. Section 3[e], new trial tolls the amount to GADALEJ.
Rule 9 reglementary period of
appeal, and the default
Alternative remedies. The remedies of the motion to set
Reliefs from an order of default judgment cannot be
executed against the aside order of default, motion for new trial, and petition for
defendant relief from judgment are mutually exclusive, not alternative or
Section 3[b], Rule 9 cumulative. This is to compel defendants to remedy their
Lina v CA as cited in Martinez v Republic default at the earliest possible opportunity. Depending on
Appeal. (Rule 40 or 41)
Remedies from an order of default
He may also appeal from the when the default was discovered and whether a default
After notice of order and Motion to set aside order
judgment rendered against judgment was already rendered, a defendant declared in
before judgment of default. Motion under
him as contrary to the default may avail of only one of the three remedies.
oath to set aside the order of
evidence or to the law, even
default on the grounds of
if no petition to set aside the There should be no inexplicable delay in the filing of a
FAME and he has
order of default has been motion to set aside order of default. Even when a motion is
meritorious defense
presented by him. filed within the required period, excusable negligence
(affidavit of merit
After judgment has become Petition for Relief from must be properly alleged and proven. Lui Enterprises’
final and executory judgment (Rule 38
If denied – he may move for counsel filed its motion to dismiss four days late. It did not
A petition for relief from
reconsideration; immediately take steps to remedy its default and took one year
judgment is filed after the
default judgment has from discovery of default to file a motion to set aside order of
Grounds become final and executory. default. In its motion to set aside order of default, Lui
1. fraud Thus, the filing of the Enterprises only "conveniently blamed its x x x counsel for
2. accident petition for relief from the late filing of the answer without offering any excuse for
3. mistake judgment does not stay the the late filing. This is not excusable negligence under Rule 9,
4. excusable execution of the default Section 3, paragraph (b) of the 1997 Rules of Civil Procedure.
Thus, the Regional Trial Court of Makati did not err in Failure to file return under Rules on Writ of Habeas Data
refusing to set aside the order of default. Lui v Zuelig Pharma Failure to file response in Small Claims Case
No motion to declare in default. The Rule on the Writ of
Orders of default should be the exception. The current A motion to declare the defendant in default is a Habeas Data under Sec. 13(h) thereof does not allow the filing
judicial trend is to avoid defaults and, this, courts are enjoined prohibited motion under Sec. 14(h) of the Rule of of a motion to declare the respondent in default.
to be liberal in setting aside orders of default. The policy of Procedure for Small Claims Cases. • If the respondent fails to file his return which
the court is to have every litigant’s case tried on its merits. A • Should the defendant fail to file his response within contains, among others, his lawful defenses, the court,
case is best decided when all contending parties are able to the required period but appears at the date set for judge, justice or judge shall proceed to hear the
ventilate their respective claims, present their arguments and hearing, the court shall ascertain what defense he has petition ex parte, granting the petitioner such relief as
adduce evidence in support thereof. Sablas v Sablas to offer and proceed to hear, mediate or adjudicate the the petition may warrant unless the court in its
case on the same day as if a Response has been filed. discretion requires the petitioner to submit evidence.
Implied lifting of order of default. While it is true that there Section 12, Rules of Procedure for Small Claims Section 14, Rule on the Writ of Habeas Data
was no positive act on the part of the court to lift the default Cases
order because there was no motion nor order to that effect, the Failure to file answer under Revised Rules on Summary
anti-graft court’s act of granting respondent the opportunity to Failure to file an answer under the Rules of Procedure for Procedure
file a responsive pleading meant the lifting of the default order Environmental Cases
on terms the court deemed proper in the interest of justice. It No motion to declare in default. A motion to declare the
was the operative act lifting the default order and thereby Motu proprio declaration of default. If the defendant fails defendant in default is a prohibited motion under Section
reinstating the position of the original defendant whom to answer within the period provided, the court shall declare 19(h) of the 1991 Revised Rule on Summary Procedure
respondent is representing, founded on the court’s the defendant in default. However, a motion of the plaintiff is
discretionary power to set aside orders of default. Republic v required before the court can receive evidence ex parte and Under the Rule on Summary Procedure, the defendant who
Sandiganbayan render judgment based thereon. Section 15, Rule 2, Rules of fails to file an answer within the reglementary period is not
Procedure for Environmental Cases supposed to be declared in default. Instead, the court motu
Other causes for issuing order of default proprio, or on motion of the plaintiff, shall render judgment
Failure to file return under Rules on Writ of Amparo (not to declare the defendant in default) as may be warranted
General rule. Default order and default judgment is triggered by the facts alleged in the complaint and limited to what is
by the failure of the defending party to file required answer. No motion to declare in default. The Rule on the Writ of prayed for Section 6, II, 1991 Rule on Summary Procedure
Amparo prohibits under Sec. 11(h) thereof a motion to declare This represents a principal distinction between default in
Exception. A judgment by default may be rendered in the the respondent in default. regular civil proceedings and the rule on summary procedure.
following cases despite an answer having been filed: • Upon the service of the Writ of Amparo, the
a. If a disobedient party refuses to obey an order respondent is required to file a verified written return
requiring him to comply with the various modes of which, among others, contains his lawful defense.
discovery Section 3[c], Rule 29, Rules of Court or Section 9, Rule on the Writ of Amparo
b. If a party or officer or managing agent of a party • In case the respondent fails to file a return, the court,
willfully fails to appear before the officer who is to justice or judge shall proceed to hear the petition ex
take his deposition or a party fails to serve answers to parte. Section 12, Rule on the Writ of Amparo
interrogatories. Section 5, Rule 29, Rules of Court
RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS ad majorem dei gloriam CIVIL PROCEDURE
Correctible by mandamus. The court would be in error if it but not incorporated or reiterated in the amended pleading are
RULE 10 refuses to admit an amended pleading when its exercise is a deemed waived. Section 8, Rule 10
Amended and Supplemental Pleadings matter of right. This error is correctible by mandamus. Breslin v
1. Amendment how made Luzon Stevedoring Admissions in the original pleading cease to be judicial
2. Amendment when a matter of right admissions. Thus, they are to be considered as extrajudicial
3. Effects of amendment Motion to dismiss not a responsive pleading; may amend admissions and may be proved by the party relying thereon by
4. Substantial v formal amendment even after MTD is filed. It is settled that a motion to dismiss is formal offer in evidence of such original pleading. Ching v CA
5. Amendment to conform to evidence not the responsive pleading contemplated by the Rule. A plaintiff
6. Supplemental pleading may file an amended complaint even after the original complaint New summons not required when defendants already
7. Amended v supplemental pleading was ordered dismissed, provided that the order of dismissal is not appeared. Where the defendants have already appeared before
yet final. the trial court by virtue of a summons in the original complaint,
Amendment how made • May amend as long as MTD not yet final and no the amended complaint may be served upon them without need
Amendment. It is made by: answer yet. Even if the MTD is granted by the court, the of another summons, even if new causes of action are alleged. A
1. Adding or striking out: plaintiff may still amend his complaint as a matter of court’s jurisdiction continues until the case is finally terminated
(a) an allegation or right before the dismissal becomes final as long no once it is acquired.
(b) the name of any party; or answer has yet been served. Riano, 2014, citing Bautista
2. Correcting a mistake v. Maya-Maya Cottages, Inc New summons required when defendants have not yet
(a) in the name of a party or appeared. Conversely, when the defendants have not yet
(b) a mistaken or inadequate allegation or Effects of amendment appeared in court, new summons on the amended complaint must
description in any other respect May amend to correct a jurisdictional defect before a be served on them.
So that the actual merits of the controversy may speedily be responsive pleading is served. The argument that the court
determined, without regard to technicalities, in the most cannot allow such type of amendment since the court must first New summons required when new defendant is impleaded.
expeditious and inexpensive manner. Section 1, Rule 10 possess jurisdiction over the subject matter of the complaint Where a new defendant is impleaded, summons must be served
before it can act on any amendment has no application upon an upon him so that the court may acquire jurisdiction over his
Amendment when a matter of right amendment that is made as matter of right. person because logically, the new defendant cannot be deemed to
Amendment is considered as a matter of right: have already appeared by virtue of summons under the original
1. ONCE, at any time before a responsive pleading is Cannot amend to correct a jurisdictional defect after a complaint in which he was not yet a party.
served; or responsive pleading is served. The amendment this time would
2. In the case of a reply, at any time within 10 calendar require leave of court, a matter which requires the exercise of Amendment that introduces new cause of action. An
days after it is served. Section 2, Rule 10 sound judicial discretion. The exercise of this discretion requires amendment to a complaint which introduces a new cause of
the performance of a positive act by the court. If it grants the action is equivalent to a fresh suit upon a new cause of action and
Amendment as a matter of right only once. The right to amend amendment, it would be acting on a complaint over which it has the statute of limitation continues to run until the amendment is
a pleading as a matter of right may, according to the Rules, be no jurisdiction. Its action would be one performed without filed. Maniago v Mallari
exercised only once. Hence, even if no responsive pleading has jurisdiction. • Hence, if a cause of action has already prescribed, it
yet been served, if the amendment is subsequent to a previous cannot be inserted in an existing pleading by way of
amendment made as a matter of right, the subsequent amendment Amended pleading supersedes original pleading. An amended amendment.
must be with leave of court. pleading supersedes the pleading it amends. However,
admissions in the superseded pleading may be offered in Amendment that amplifies the original pleading. However, an
evidence against the pleader. Claims or defenses alleged therein amendment to a complaint by the addition of a new count which
RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS ad majorem dei gloriam CIVIL PROCEDURE
merely supplement and amplifies the facts originally alleged, within the issues raised in the pleadings is offered by the 2. It is meant to supply deficiencies in aid of the original
relates back to date of commencement of the action and is not parties during the trial and is not objected to. In such a pleading, not to entirely substitute the latter (Herrera,
barred by the statute of limitations, the period of which expires case, said issues not found in the pleadings are deemed 2007
after service of the original complaint but before service of the to have been tried with the consent of the parties. That
amendment. being so, the rule treats the issues as having been raised Amended v supplemental pleading
in the pleadings even if not actually raised. Amended Pleading Supplemental Pleading
Substantial v formal amendment 2. Insufficient cause of action. Sec. 5 of Rule 10 also Refers to the facts existing at Refers to facts occurring after
Substantial amendments. Except as provided in Section 2, Rule covers situations where a complaint insufficiently states the time of filing of original the filing of the original
10, substantial amendments may be made only upon leave of the cause of action. Such insufficiency may be cured by pleading pleading
court. evidence presented during the trial without objection. Supersedes the original Merely supplements the
• When refused. But such leave shall be refused if it original pleading
appears to the court that the motion was made with Supplemental pleadings May be amended without Always with leave of court
intent to delay or confer jurisdiction on the court, or the Supplemental pleadings. It is one which sets forth transactions, leave of court before a
pleading stated no cause of action from the beginning responsive pleading is filed
occurrences, or events which have happened since the date of the
which could be amended. Section 3, Rule 10 It has retroactive application. It sets forth transactions,
pleading sought to be supplemented. Section 6, Rule 10
occurrences or events which
Amendments by leave of court have happened since the date
No new cause of action. The cause of action stated in the of the pleading sought to be
1. If the amendment is substantial Section 3, Rule 10); or supplemental complaint must be the same as that stated in the supplemented.
2. A responsive pleading had already been served. Siasoco original complaint. Otherwise, the court should not admit the Amendment must be There is no such
v CA supplemental complaint. Asset Privatization Trust v CA appropriately marked. requirement supplemental
• Rationale. A supplemental pleading only serves to pleadings (Herrera, 2007
Formal amendments. A defect in the designation of the parties bolster or add something to the primary pleading. A
and other clearly clerical or typographical errors may be supplemental pleading exists side by side with the That which is no cause of action whatsoever cannot by
summarily corrected by the court at any stage of the action, at its original. It does not replace that which it supplements. amendment or supplemental pleading be converted into a
initiative or on motion, provided no prejudice is caused thereby cause of action. Unless the plaintiff has a valid and subsisting
to the adverse party. Section 4, Rule 10 Answer to supplemental complaint optional. Filing an answer cause of action at the time his action is commenced, the defect
to a supplemental complaint is not mandatory because of the use cannot be cured or remedied by the acquisition or accrual of one
Amendment to conform to evidence of the word “may” in Section 7, Rule 11. This is bolstered by the while the action is pending, and a supplemental complaint or an
No amendment necessary to conform to or authorize express provision of the Rules that the answer to the original amendment setting up such after-accrued cause of action is not
presentation of evidence. When issues not raised by the pleading shall serve as the answer to the supplemental pleading if permissible. An action commenced before the cause of action has
pleadings are tried with the express or implied consent of the no new or supplemental answer is filed. The Court cannot accrued is prematurely brought and should be dismissed. The fact
parties, they shall be treated in all respects as if they had been declare the respondents in default simply because the latter opted that the cause of action accrues after the action is commenced
raised in the pleadings; Section 5, Rule 10 not to file their answer to the supplemental petition. Chan v Chan and while it is pending is of no moment. Surigao Mining
• Failure to amend does not affect the result of the trial of Exploration v Harris
said issue. Purposes of supplemental pleading
1. It is to bring into the records new facts, which will
The provision covers 2 situations: enlarge or change the kind of relief to which the
1. Evidence not within issues raised. The first part of Sec. plaintiff is entitled; and
5 of Rule 10 applies to situations wherein evidence not

RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS ad majorem dei gloriam CIVIL PROCEDURE
RULE 11: or was acquired by a party
Not a matter of right: after serving his or her
When to File Responsive Pleadings within fifteen (15) calendar pleading may, with the
1. Rules of Court days from notice of the permission of the court, be
2. Rules on Summary Procedure order admitting the same. presented as a counterclaim
3. Small Claims Cases Counterclaim or cross-claim within twenty (20) calendar or a cross-claim by
4. Annulment days from service. Section supplemental pleading
5. Legal Separation 4, Rule 11 before judgment. Section 9,
Third (fourth, etc.) party same rule as the answer to Rule 11
complaint the complaint Omitted counterclaim or Amended pleading. When
Rules of Court
cross-claim a pleader fails to set up a
within thirty (30) calendar counterclaim or a cross-
Periods of Filing an Answer days after service of claim through
Answer to an within thirty (30) calendar summons, unless a different 1. oversight,
original complaint days after service of period is fixed by the court. 2. inadvertence, or
summons, unless a different Section 5, Rule 11 3. excusable neglect,
period is fixed by the court. Reply A reply, if allowed under or
Section 1, Rule 11 Section 10, Rule 6 hereof, 4. when justice
Answer; Defendant is a within sixty (60) calendar may be filed within fifteen requires,
foreign private juridical days after receipt of (15) calendar days from he or she may, by leave of
entity and service of summons by such entity. service of the pleading court, set up the
summons is made on the Section 2, Rule 11 responded to. Section 6, counterclaim or cross-claim
government official Rule 11 by amendment before
designated by law to receive Supplemental complaint Within twenty (20) calendar judgment. Section 10, Rule
the same days from notice of the 11
Answer to amended within thirty (30) calendar order admitting the same,
complaint (Matter of right) days after being served with unless a different period is Extension of time to file an A defendant may, for
a copy thereof. fixed by the court. Section answer meritorious reasons, be
Section 3, Rule 11 7, Rule 11 • A defendant is only granted an additional period
Answer to amended within fifteen (15) calendar Existing counterclaim or Must be contained in the allowed to file one of not more than thirty (30)
complaint (Not a matter of days from notice of the cross-claim answer. A compulsory (1) motion for calendar days to file an
right) order admitting the same. counterclaim or a cross- extension of time to answer. Section 11, Rule 11
Section 3, Rule 11 claim that a defending party file an answer.
answer to an amended Rule on answer to an has at the time he or she
counterclaim, amended amended complaint applies files his or her answer shall
cross-claim, amended third be contained therein. Motion for extension is only for answers. A motion for
(fourth, etc.)- party Matter of Right: within Section 8, Rule 11 extension to file any pleading, other than an answer, is
complaint, and amended thirty (30) calendar days Counterclaim or cross-claim Supplemental pleading. A prohibited and considered a mere scrap of paper.
complaint-in-intervention. after being served with a arising after answer counterclaim or a cross-
copy thereof. claim which either matured
RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS ad majorem dei gloriam CIVIL PROCEDURE
• The court, however, may allow any other pleading to as may be warranted by the facts alleged in the Statement of No default. If the respondent fails to file an answer, the court
be filed after the time fixed by these Rules. Claim/s. shall not declare him in default.
• Where no answer is filed/or if the answer does not
Rules on Summary Procedure Effect of failure to file response and but appears at tender an issue the court shall order the public
hearing. Should the defendant fail to file his/her/its Response prosecutor to investigate whether collusion exists
within the required period but appears on the date set for between the parties.
Section 5, Revised Rules on Summary Procedure. Answer.
hearing, the court shall ascertain what defense he/she/it has to
Within ten (10) days from service of summons, the defendant
offer which shall constitute his/ her/its Response, and proceed
shall file his answer to the complaint and serve a copy thereof
to hear or adjudicate the case on the same day as if a Response
on the plaintiff.
has been filed.
• Affirmative and negative defenses not pleaded therein
shall be deemed waived, except for lack of
Declaration of nullity and annulment of marriages
jurisdiction over the subject matter.
• Cross-claims and compulsory counterclaims not
Section 8, AM NO. 02-11-10-SC. The respondent shall file
asserted in the answer shall be considered barred.
his answer:
• The answer to counterclaims or cross-claims shall be 1. within fifteen days from service of summons, or
filed and served within ten (10) days from service of 2. within thirty days from the last issue of publication in
the answer in which they are pleaded.
case of service of summons by publication.
Small Claims Cases The answer must be verified by the respondent himself and
not by counsel or attorney-in-fact.
Section 13, Rules of Procedure for Small Claims Cases.
Response. The defendant shall file with the court and serve on No default. If the respondent fails to file an answer, the court
the plaintiff a duly accomplished and verified Response shall not declare him or her in default.
within a non-extendible period of ten (10) days from receipt • Where no answer is filed or if the answer does not
of summons. tender an issue, the court shall order the public
• The Response shall be accompanied by certified prosecutor to investigate whether collusion exists
photocopies of documents, as well as affidavits of between the parties.
witnesses and other evidence in support thereof.
• No evidence shall be allowed during the hearing Legal separation
which was not attached to or submitted together with
the Response, unless good cause is shown for the Section 5, AM NO. 02-11-11-SC. Answer. The respondent
admission of additional evidence. shall file his answer:
1. within fifteen days from receipt of summons, or
Section 14, Rules of Procedure for Small Claims Cases. 2. within thirty days from the last issue of publication in
Effect of failure to file response and to appear at hearing. case of service of summons by publication.
Should the defendant fail to file his/her/its Response within
the required period, and likewise fail to appear on the date set The answer must be verified by respondent himself and not by
for hearing, the court shall render judgment on the same day, counsel or attorney-in-fact.

RULE 12: BILL OF PARTICULARS ad majorem dei gloriam CIVIL PROCEDURE
RULE 12: • If the pleading is a reply, the motion must be filed Who can avail of motion for bill of particulars. Both parties
within 10 calendar days from service thereof. can avail of the Motion for Bill of Particulars. It is a motion
Bill of Particulars • Such motion shall point out the defects complained that applies to any pleading which in the perception of the
of, the paragraphs wherein they are contained, and the movant contains matters which are not alleged with sufficient
Courses of action after receipt of complaint. Three options details desired. Section 1, Rule 12 definiteness or particularity (Riano, 2014
available to the defendant upon receipt of the complaint:
B.A.D. Instances when a bill of particulars is allowed Requirements of bill of particulars. Aside from the
1. Filing of a motion for bill of particulars; 1. When the allegations are indefinite and uncertain that requirements for a motion as set forth in Rule 15, the motion
2. Filing of an answer to the complaint; or the nature cannot be understood therefrom; shall point out:
3. Filing of a motion to dismiss (Riano, 2014) 2. When the allegations are so vague that they do not 1. The defects complained of;
appear therefrom in what capacity a party sues or is 2. The paragraphs wherein they are contained; and
Bill of particulars. It is a more definite statement consisting issued; 3. The details desired Section 1, Rule 12)
of amplification or more particularized outline of a pleading, 3. When the allegations are uncertain as to time, place,
and being in the nature of a more specific allegation of the quantity, title, person, or any other matter required to Action by the court. Upon the filing of the motion, the clerk
facts recited in the pleading. be pleaded with certainty; of court must immediately bring it to the attention of the
4. When the allegations are faulty in duplication, setting court, which may either:
Purpose of a bill of particulars. Its purpose is to aid in the out two grounds for a single claim; 1. deny or
preparation of a responsive pleading. An action cannot be 5. When denials are so indefinite and uncertain that it 2. grant it outright, or
dismissed on the ground that the complaint is vague or cannot be understood what is denied and what is 3. allow the parties the opportunity to be heard. Section
definite Galeon v Galeon admitted; 2, Rule 12
6. Particulars of details of computation of bank account
• Not in aid of trial. The purpose of the motion is not were allowed; technicalities are frowned upon; or Compliance with Order. If the motion is granted, either in
to enable the movant to prepare for trial. Where the 7. Conclusions of law – deceit, machination, false whole or in part, the compliance therewith must be effected
movant is to enable him to prepare for trial, the pretenses, misrepresentations and threats are within ten (10) calendar days from notice of the order, unless
appropriate remedy is to avail of the discovery conclusions of law and mere allegations thereof a different period is fixed by the court.
procedures from Rules 23 to 29 and even of a pretrial without a statement of the facts to which such terms 1. The bill of particulars or a more definite statement
under Rule 18. Riano, 2014 have references are not sufficient (Herrera, 2007 ordered by the court may be filed either in a separate
• In criminal cases. Note that in criminal cases, the or in an amended pleading, serving a copy thereof on
purpose of a bill of particulars is to enable the movant When bill of particulars is improper. It is improper on the adverse party. Section 3, Rule 12
to property plead and prepare for trial. matters:
1. Specified with particularity; Non-compliance with the order of a bill of particulars
Motion for a bill of particulars; when available. Before 2. Within party’s knowledge; 1. If the order is not obeyed or in case of insufficient
responding to a pleading, a party may move for a definite 3. Irrelevant to allegations of complaint; or compliance therewith, the court:
statement or for a bill of particulars of any matter which is not 4. Which are more properly ascertainable by discovery a. May order the striking out of the pleading or the
averred with sufficient definiteness or particularity to enable (Herrera, 2007) portion thereof to which the order is directed; or
him or her properly to prepare his or her responsive pleading. b. Make such order as it may deem just. Section 4,
Rule 12
RULE 12: BILL OF PARTICULARS ad majorem dei gloriam CIVIL PROCEDURE
2. If plaintiff is disobedient, his compliant will be
stricken off and dismissed. Section 3, Rule 17
3. If defendant is disobedient, his answer will be stricken
off and his counterclaim dismissed, and he will be
declared in default upon motion of the plaintiff.
Section 4, Rule 17; Section 3, Rule 9
Stay of period to file responsive pleading. After service of

the bill of particulars or of a more definite pleading, or after
notice of denial of his or her motion, the moving party may
file his or her responsive pleading within the period to which
he or she was entitled at the time of filing his or her motion,
which shall not be less than five (5) calendar days in any
event. Section 5, Rule 12
2. Tolling of period. When a motion for bill of

particulars is filed, the period to file the responsive
pleading is stayed or interrupted.
Bill a part of pleading. A bill of particulars becomes part of

the pleading for which it is intended. Section 6, Rule 12

RULE 13: FILING AND SERVICE OF PLEADINGS ad majorem dei gloriam CIVIL PROCEDURE
RULE 13: of service executed by the person who sent the e-mail,
facsimile, or other electronic transmission, together with a
Personal service - at the office with the clerk or person in printed proof of transmittal.
Filing and Service of Pleadings, charge, or if no one is at the office, at residence of counsel or
Judgments and Other Papers party with a person of sufficient discretion between 8am to
6pm.
1. Overview Filing versus service of pleadings
a. Types of Service Substituted Service – if unknown address, and with proof of
b. Proof of Service failure of personal service and by mail, service upon the clerk
2. Manner of Filing of court is sufficient. Filing. It is the act of presenting the pleading or other paper to
3. Modes of Service the clerk of court Section 2, Rule 13
a. Personal Service
b. Service by Registered Mail The following must still be served or filed conventionally
c. Substituted Service (personal or registered mail): Service. It is the act of providing a party with a copy of the
d. Service by Electronic Means and Facsimile
4. Presumptive Service pleading or paper concerned. If any party has appeared by
5. Completeness of Service counsel, service upon him shall be made upon his counsel or
6. Proof of Filing The following orders, pleadings, and other documents must be one of them, unless service upon the party himself is ordered
7. Proof of Service served or filed personally or by registered mail when allowed, by the court Section 2, Rule 13
and shall not be served or filed electronically, unless express
permission is granted by the Court:
Overview. Filing – now allowed: (in addition to personal
Where several counsels appear for one party, such party shall
delivery and reg. mail): a. Initiatory pleadings and initial responsive pleadings, such
as an answer; be entitled to only one copy of any pleading or paper to be
1. Accredited courier b. Subpoenae, protection orders, and writs; served upon the lead counsel if one is designated, or upon any
2. Electronic mail or other electronic means c. Appendices and exhibits to motions, or other documents one of them if there is no designation of a lead counsel
Note: Date of mailing or electronic transmission is deemed that are not readily amenable to electronic scanning may, Section 2, Rule 13
date of filing. at the option of the party filing such, be filed and served
conventionally; and
d. Sealed and confidential documents or records. Manner of Filing. The filing of pleadings and other court
Service – now allowed (in addition to personal delivery and submissions shall be made by:
reg. mail): Proof of Service a. Submitting personally the original thereof, plainly
1. Accredited Courier Accredited courier service. – Proof shall be made by an indicated as such, to the court;
2. E-mail (with consent of parties) b. Sending them by registered mail;
affidavit of service executed by the person who brought the
3. Fax (with consent of parties) c. Sending them by accredited courier; or
pleading or paper to the service provider, together with the
4. Or other electronic means. (with consent of parties) d. Transmitting them by electronic mail or other
5. Or under International Conventions. courier’s official receipt or document tracking number. electronic means as may be authorized by the
Electronic mail, facsimile, or other authorized electronic Court in places where the court is electronically
means of transmission. – Proof shall be made by an affidavit equipped.
Types of Service
2. Service by Registered mail Section 7, Rule 13); or delivering the copy to the clerk of court, with proof of failure
3. Substituted service Section 8, Rule 13) of both personal service and service by mail. The service is
In the first case, the clerk of court shall endorse on the 4. Service by Electronic Means and Facsimile Section 9, complete at the time of such delivery.
pleading the date and hour of filing. Rule 13)
Personal Service
Personal service is done by: Service by Electronic Means and Facsimile
In the second and third cases, the date of the mailing of
motions, pleadings, and other court submissions, and 1. personal delivery of a copy to the party or to the Service by electronic means and facsimile shall be made if the
payments or deposits, as shown by the post office stamp on party's counsel, or to their authorized representative party concerned consents to such modes of service.
the envelope or the registry receipt, shall be considered as the named in the appropriate pleading or motion
2. leaving it in his or her office with his or her clerk, or Service by electronic means shall be made by sending an e-
date of their filing, payment, or deposit in court. The envelope
with a person having charge thereof mail to the party's or counsel's electronic mail address, or
shall be attached to the record of the case.
3. if no person is found in his or her office, or his or her through other electronic means of transmission as the parties
office is not known, or he or she has no office, then may agree on, or upon direction of the court.
by leaving the copy, between the hours of eight in the
In the fourth case, the date of electronic transmission shall be morning and six in the evening, at the party's or
considered as the date of filing. counsel's residence, if known, with a person of Service by facsimile shall be made by sending a facsimile
sufficient age and discretion residing therein. copy to the party's or counsel's given facsimile number.
Service by Mail
Papers Required to be Filed and Served. Every judgment,
Service by mail is done by:
resolution, order, pleading subsequent to the complaint,
Presumptive Service. There shall be presumptive notice to a
written motion, notice, appearance, demand, offer of judgment 1. depositing the copy in the post office, in a sealed
party of a court setting if such notice appears on the records to
or similar papers shall be filed with the court, and served upon envelope, plainly addressed to the party or to the
have been mailed at least 20 calendar days prior to the
the parties affected. Section 4, Rule 13) party's counsel at his or her office, if known,
otherwise at his or her residence, if known, with scheduled date of hearing and if the addressee is from within
postage fully pre-paid, and with instructions to the the same judicial region of the court where the case is
postmaster to return the mail to the sender after 10 pending, or at least 30 calendar days if the addressee is from
Modes of Service. Pleadings, motions, notices, orders,
calendar days if undelivered. outside the judicial region. Section 10, Rule 13)
judgments, and other court submissions shall be served
2. if no registry service is available in the locality of
personally or by registered mail, accredited courier, electronic either the sender or the addressee, service may be
mail, facsimile transmission, other electronic means as may be done by ordinary mail. Change of Electronic Mail Address or Facsimile Number.
authorized by the Court, or as provided for in international
A party who changes his or her electronic mail address or
conventions to which the Philippines is a party. Section 5,
Substituted Service facsimile number while the action is pending must promptly
Rule 13)
file, within 5 calendar days from such change, a notice of
If service of pleadings, motions, notices, resolutions, orders change of e-mail address or facsimile number with the court
and other papers cannot be made under the two preceding and serve the notice on all other parties.
Modes of Service (PeRmSEl) sections, the office and place of residence of the party or his
1. Personal service Section 6, Rule 13); or her counsel being unknown, service may be made by

Service through the electronic mail address or facsimile Conventional Service or Filing of Orders, Pleadings and Note: Electronic service is not effective or complete if the
number of a party shall be presumed valid unless such party Other Documents. Notwithstanding the foregoing, the party serving the document learns that it did not reach the
notifies the court of any change, as aforementioned. Section following orders, pleadings, and other documents must be addressee or person to be served.
11, Rule 13) served or filed personally or by registered mail when allowed,
and shall not be served or filed electronically, unless express
permission is granted by the Court: Proof of Filing. The filing of a pleading or any other court
Electronic Mail and Facsimile Subject and Title of submission shall be proved by its existence in the record of
a. Initiatory pleadings and initial responsive pleadings,
Pleadings and Other Documents. The subject of the such as an answer; the case.
electronic mail and facsimile must follow the prescribed b. Subpoena, protection orders, and writs; a. If the pleading or any other court submission is not in the
format: case number, case title and the pleading, order or c. Appendices and exhibits to motions, or other record, but is claimed to have been filed personally, the
document title. documents that are not readily amenable to electronic filing shall be proven by the written or stamped
scanning may, at the option of the party filing such, acknowledgment of its filing by the clerk of court on a
be filed and served conventionally; and copy of the pleading or court submission;
The title of each electronically-filed or served pleading or d. Sealed and confidential documents or records. Section b. If the pleading or any other court submission was filed by
other document, and each submission served by facsimile 14, Rule 13) registered mail, the filing shall be proven by the registry
shall contain sufficient information to enable the court to receipt and by the affidavit of the person who mailed it,
Completeness of Service containing a full statement of the date and place of deposit
ascertain from the title:
1. Personal service – upon actual delivery; of the mail in the post office in a sealed envelope
a. the party or parties filing or serving the paper addressed to the court, with postage fully prepaid, and
2. Service by ordinary mail – upon expiration of 10
b. nature of the paper with instructions to the postmaster to return the mail to the
calendar days after mailing, unless the court otherwise
c. the party or parties against whom relief, if any, is sender after ten (10) calendar days if not delivered.
provides;
sought, and c. If the pleading or any other court submission was filed
3. Service by registered mail – upon actual receipt by the
d. the nature of the relief sought. Section 12, Rule through an accredited courier service, the filing shall be
addressee, or 5 calendar days from the date he
13) proven by an affidavit of service of the person who
received the first notice of the postmaster, whichever
date is earlier Section 10, Rule 13); brought the pleading or other document to the service
4. Service by accredited courier – upon actual receipt by provider, together with the courier's official receipt and
Service of Judgments, Final Orders or Resolutions. document tracking number.
Judgments, final orders, or resolutions shall be served either the addressee, or after at least 2 attempts to deliver by
the courier service, or upon the expiration of 5 d. If the pleading or any other court submission was filed by
personally or by registered mail. electronic mail, the same shall be proven by an affidavit
calendar days after the first attempt to deliver,
whichever is earlier. of electronic filing of the filing party accompanied by a
Upon ex parte motion of any party in the case, a copy of the
5. Electronic service – at the time of the electronic paper copy of the pleading or other document transmitted
judgment, final order, or resolution may be delivered by
transmission of the document, or when available, at or a written or stamped acknowledgment of its filing by
accredited courier at the expense of such party. the clerk of court. If the paper copy sent by electronic
the time that the electronic notification of service of
When a party summoned by publication has failed to appear the document is sent. mail was filed by registered mail, paragraph (b) of this
6. Service by facsimile transmission – upon receipt by Section applies.
in the action, judgments, final orders or resolutions against
the other party, as indicated in the facsimile e. If the pleading or any other court submission was filed
him or her shall be served upon him or her also by means of
transmission printout. through other authorized electronic means, the same shall
publication at the expense of the prevailing party. Section 13, be proven by an affidavit of electronic filing of the filing
Rule 13) party accompanied by a copy of the electronic
acknowledgment of its filing by the court. Section 16, document electronically served shall be retained and attached
Rule 13) to the record of the case. Section 18, Rule 13)
Proof of Service. Proof of personal service shall consist of

Notice of lis pendens. In an action affecting title or right of
3. a written admission of the party served, or possession of real property, the plaintiff and the defendant,
4. the official return of the server, or when affirmative relief is claimed in his or her answer, may
5. the affidavit of the party serving, containing a record in the office of the registry of deeds of the province in
statement of the date, place, and manner of service. which the property is situated a notice of the pendency of the
action.
If the service is made by:
a. Ordinary mail. — Proof shall consist of an affidavit of the
Note: Only from the time of filing such notice for record shall
person mailing stating the facts showing compliance with
a purchaser, or encumbrancer of the property affected thereby,
Section 7 of this Rule.
b. (b)Registered mail. — Proof shall be made by the be deemed to have constructive notice of the pendency of the
affidavit mentioned above and the registry receipt issued action, and only of its pendency against the parties designated
by the mailing office. The registry return card shall be by their real names.
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 The notice of lis pendens hereinabove mentioned may be
addressee. cancelled only upon order of the court, after proper showing
c. Accredited courier service. — Proof shall be made by an that the notice is for the purpose of molesting the adverse
affidavit of service executed by the person who brought
party, or that it is not necessary to protect the rights of the
the pleading or paper to the service provider, together
party who caused it to be recorded Section14, Rule 13
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)
Court-issued Orders and Other Documents. The court may

electronically serve orders and other documents to all the
parties in the case which shall have the same effect and
validity as provided herein. A paper copy of the order or other

RULE 14: SUMMONS ad majorem dei gloriam CIVIL PROCEDURE
RULE 14: she is being served, or, if he or she refuses to receive and sign different dates, service may be made electronically, if allowed
for it, by leaving the summons within the view and in the by the court, as provided under Section 6 of this Rule.
Summons presence of the defendant
1. Overview: Exception: Substituted service (If, for justifiable causes, the SERVICE ON FOREIGN JURIDICAL ENTITIES
a. Service Upon Individuals defendant cannot be served personally after at least 3 attempts
b. Service Upon Domestic Juridical Entities on 2 different dates (adopting Manotoc case), service may be Doing business and registered – through resident agent or
c. Service on Foreign Juridical Entities effected: designated government official, or any of its
2. Purpose a. By leaving copies of the summons at the defendant's officers/directors within the Philippines. If doing business
3. Contents residence to a person at least 18 years of age and of in Philippines. but not registered; may be served outside of
4. Alias Summons sufficient discretion residing therein;
5. Types of Service the Philippines.:
b. By leaving copies of the summons at the defendant's a. By personal service coursed through the appropriate court
a. Personal Service office or regular place of business with some
b. Substituted Service in the foreign country with assistance of the DFA;
competent person in charge thereof. A competent b. By publication once in a newspaper of general circulation
c. Service by Publication person includes, but is not limited to, one who
6. Extraterritorial Service in the country where the defendant may be found and by
customarily receives correspondences for the serving a copy of the summons and the court order by
7. Proof of Service defendant;
8. Voluntary Appearance registered mail at the last known address of the defendant;
c. By leaving copies of the summons, if refused entry c. By facsimile;
upon making his or her authority and purpose known, d. By electronic means with the prescribed proof of service;
Overview. Who can serve summons? Sheriff (or deputies), with any of the officers of the homeowners’ or
but if they fail to do so, the Court may authorize the plaintiff, association or condominium corporation, or its chief e. By such other means as the court, in its discretion, may
security officer in charge of the community or the direct.
together with sheriff.
building where the defendant may be found; and
If the plaintiff misrepresents that the defendant was served d. By sending an electronic mail to the defendant’s Summons. It is the writ by which the defendant is notified of
summons, and it is later proved that no summons was served: electronic mail address, if allowed by the court. the action brought against him.
6. the case shall be dismissed with prejudice, SERVICE UPON DOMESTIC JURIDICAL ENTITIES
7. the proceedings shall be nullified, and An important part of that notice is a direction to the defendant
8. the plaintiff shall be meted appropriate sanctions. that he must answer the complaint within the period fixed by
Domestic private corporations. On its president, managing
the Rules, and that unless he so answers, plaintiff will take
partner, general manager, corporate secretary, treasurer, or in-
judgment by default and may be granted the relief applied for
If summons is returned without being served on any or all the house counsel of the corporation wherever they may be found,
(Riano, 2014
defendants, the court shall order the plaintiff to cause the or in their absence or unavailability, on their secretaries.
service of summons by other means available under the Rules. Purposes of summons
Failure to comply with the order shall cause the dismissal of If such service cannot be made upon any of the foregoing
the initiatory pleading without prejudice. persons, upon the person who customarily receives the
1. Actions in personam
correspondence for the defendant at its principal office.
SERVICE UPON INDIVIDUALS Should there be a refusal on the part of the persons above- a. To acquire jurisdiction over the person of the
mentioned to receive summons despite at least 3 attempts on 2 defendant; and
General Rule: Personal Service (by handing a copy thereof to b. To give notice to the defendant that an action has
the defendant in person and informing the defendant that he or been commenced against him (Umandap v. Sabio, Jr.
2. Actions in rem and quasi in rem – not to acquire If the plaintiff is a juridical entity. It shall notify the court, in 1. Personal service;
jurisdiction over the defendant but mainly to satisfy the writing, and name its authorized representative therein, 2. Extraterritorial service;
constitutional requirement of due process (Gomez v. CA attaching a board resolution or secretary's certificate thereto, 3. Service by publication; and
Clerk to Issue Summons. Unless the complaint is on its face as the case may be, stating that such representative is duly 4. Substituted service
dismissible under Section 1, Rule 9, the court shall, within 5 authorized to serve the summons on behalf of the plaintiff.
calendar days from receipt of the initiatory pleading and If the plaintiff misrepresents that the defendant was served Service in Person on Defendant
proof of payment of the requisite legal fees, direct the clerk summons. And it is later proved that no summons was served:
of court to issue the corresponding summons to the defendants Personal service of summons is proper only if the suit is one
Section 1, Rule 14 1. the case shall be dismissed with prejudice, strictly in personam.
2. the proceedings shall be nullified, and The service of summons must be made by service in person
Contents. The summons shall be directed to the defendant, 3. the plaintiff shall be meted appropriate sanctions.
on the defendant. This is effected by handing a copy thereof to
signed by the clerk of court under seal, and contain: the defendant in person and informing the defendant that he or
a. The name of the court and the names of the parties to If summons is returned without being served on any or all the
defendants. The court shall order the plaintiff to cause the she is being served, or, if he or she refuses to receive and sign
the action;
service of summons by other means available under the Rules. for it, by leaving the summons within the view and in the
b. When authorized by the court upon ex parte motion,
• Effect of failure to comply with the order. It shall presence of the defendant Section 5, Rule 14
an authorization for the plaintiff to serve summons to
the defendant; cause the dismissal of the initiatory pleading without
c. A direction that the defendant answer within the time prejudice Section 3, Rule 14 Substituted Service
fixed by these Rules; and
d. A notice that unless the defendant so answers, Validity of Summons and Issuance of Alias Summons. If, for justifiable causes, the defendant cannot be served
plaintiff will take judgment by default and may be Summons shall remain valid until duly served, unless it is personally after at least 3 attempts on 2 different dates, service
granted the relief applied for. recalled by the court. In case of loss or destruction of may be effected:
A copy of the complaint and order for appointment of summons, the court may, upon motion, issue an alias a. By leaving copies of the summons at the defendant's
guardian ad litem, if any, shall be attached to the original and summons. residence to a person at least 18 years of age and of
each copy of the summons Section 2, Rule 14 sufficient discretion residing therein;
b. By leaving copies of the summons at the defendant's
There is failure of service after unsuccessful attempts to
By Whom Served. The summons may be served by: office or regular place of business with some competent
personally serve the summons on the defendant in his or her person in charge thereof. A competent person includes,
1. the sheriff, address indicated in the complaint. Substituted service should
2. his or her deputy, or but is not limited to, one who customarily receives
be in the manner provided under Section 6 of this Rule correspondences for the defendant;
3. other proper court officer, and
Section 4, Rule 14 c. By leaving copies of the summons, if refused entry upon
4. in case of failure of service of summons by them, the
court may authorize the plaintiff — to serve the summons making his or her authority and purpose known, with any
— together with the sheriff. Alias summons. This refers to summons issued by the clerk, of the officers of the homeowners' association or
on demand of the plaintiff, when: condominium corporation, or its chief security officer in
1. Summons is returned without being served on any or all charge of the community or the building where the
In cases where summons is to be served outside the judicial
of the defendants; or defendant may be found; and
region of the court where the case is pending. The plaintiff
2. Summons has been lost d. By sending an electronic mail to the defendant's electronic
shall be authorized to cause the service of summons. mail address, if allowed by the court Section 6, Rule 4
Types of service of summons (PEPS)
Manotoc v. Court of Appeals Service upon Entity without Juridical Personality. When organized under the laws of the Philippines with a juridical
persons associated in an entity without juridical personality personality, service may be made on the (PIGS-MT):
I. Requirements of substituted service of summons are sued under the name by which they are generally or
1. The party relying on substituted service or the sheriff must commonly known, service may be effected upon all the Summons on private juridical entity
show that defendant cannot be served promptly or there is defendants by serving upon any one of them, or upon the 1. President;
impossibility of prompt service; person in charge of the office or place of business maintained 2. In-house counsel;
2. The sheriff must describe in the Return of Summons the in such name. But such service shall not bind individually any 3. General manager;
facts and circumstances surrounding the attempted person whose connection with the entity has, upon due notice, 4. Corporate secretary;
personal service; been severed before the action was filed. Section 7, Rule 14 5. Managing partner; or
3. If the substituted service will be effected at defendant’s 6. Treasurer Section 12, Rule 14)
house or residence, it should be left with a person of Service upon Prisoners. When the defendant is a prisoner of the corporation wherever they may be found, or in their
“suitable age and discretion then residing therein” and confined in a jail or institution, service shall be effected upon absence or unavailability, on their secretaries.
must have the “relation of confidence” to the defendant; him or her by the officer having the management of such jail
and or institution who is deemed as a special sheriff for said Note: The enumeration is exclusive. Thus, service of
4. If the substituted service will be done at defendant’s office purpose. The jail warden shall file a return within 5 calendar summons upon other persons is not valid.
days from service of summons to the defendant Section 8,
or regular place of business, then it should be served on a
Rule 14 If such service cannot be made upon any of the foregoing
competent person in charge of the place.
persons. It shall be made upon the person who customarily
Service Consistent with International Conventions. Service receives the correspondence for the defendant at its principal
II. Impossibility of prompt service
may be made through methods which are consistent with office.
In an action strictly in personam like a complaint for sum of
established international conventions to which the Philippines
money, personal service on the defendant is the preferred
is a party Section 9, Rule 14 In case the domestic juridical entity is under receivership
mode of service, that is, by handing a copy of the summons to
the defendant in person. If defendant, for excusable reasons, or liquidation. Service of summons shall be made on the
Service upon Minors and Incompetents. When the receiver or liquidator, as the case may be.
cannot be served with summons within a reasonable period, defendant is a minor, insane or otherwise an incompetent
then substituted service can be resorted to. Should there be a refusal on the part of the persons above-
person, service of summons shall be made upon: mentioned to receive summons despite at least 3 attempts on 2
1. him or her personally and different dates, service may be made electronically, if allowed
III. Reasonable time for the sheriff to effect a personal 2. on his or her legal guardian if he or she has one, or by the court, as provided under Section 6 of this Rule. Section
service in order to demonstrate impossibility of prompt 3. if none, upon his or her guardian ad litem whose 12, Rule 14
service appointment shall be applied for by the plaintiff.
4. In the case of a minor, service shall be made on his or her
parent or guardian Section 10, Rule 14 Duty of Counsel of Record. Where the summons is
To the sheriff, “reasonable time” means 15 to 30 days because
improperly served and a lawyer makes a special appearance
at the end of the month, it is a practice for the branch clerk to
Service upon Spouses. When spouses are sued jointly, on behalf of the defendant to, among others, question the
require the sheriff to submit a return of the summons assigned
service of summons should be made to each spouse validity of service of summons, the counsel shall be deputized
to the sheriff for service. by the court to serve summons on his or her client Section 13,
individually Section 11, Rule 14)
Service upon Domestic Private Juridical Entity. When the Rule 14
defendant is a corporation, partnership or association
Summons on foreign private juridical entity registered in General; mailing of a copy of the summons and the order of the court to
the Philippines. Provided it has transacted business in the 2. When the defendant is a province, city or the last known address of the defendant (Riano, 2019)
Philippines or is doing business in the Philippines, service municipality, or like public corporations, service may
may be made on its: (RAGA) be effected on its executive head, or on such other It can be done as a complementary to service of summons by
1. Resident agent designated in accordance with law for that officer or officers as the law or the court may direct publication but it does not mean that service by registered
purpose; Section 15, Rule 14 mail alone would suffice.
2. If there be no such agent, on the government official
designated by law to that effect; or Service by Publication Service upon Defendant Whose Identity or Whereabouts
3. On any of its officers or agents within the Philippines. are Unknown. In any action where the defendant is
General Rule: Summons by publication is available only in designated as an unknown owner, or the like, or whenever his
Summons on foreign private juridical entity not registered actions in rem or quasi in rem. It is not available as a means or her whereabouts are unknown and cannot be ascertained by
in the Philippines. If the foreign private juridical entity is not of acquiring jurisdiction over the person of the defendant in an diligent inquiry, within 90 calendar days from the
registered in the Philippines or has no resident agent but has action in personam. commencement of the action, service may, by leave of court,
transacted or is doing business in it, service may, with leave of be effected upon him or her by publication in a newspaper of
court, be effected out of the Philippines through any of the Exceptions: Summons by publication is available in an action general circulation and in such places and for such time as the
following means: in personam in the following situations: court may order.
a. By personal service coursed through the appropriate 1. The identity of the defendant is unknown;
court in the foreign country with the assistance of the 2. The whereabouts of the defendants are unknown; Any order granting such leave shall specify a reasonable time,
Department of Foreign Affairs; 3. The defendant a resident of the Philippines but is which shall not be less than 60 calendar days after notice,
temporarily out of the country; or within which the defendant must answer Section 16, Rule 14
b. By publication once in a newspaper of general
4. In case the defendant does not reside and cannot be found The rule in Sec. 14, Rule 14 authorizes summons by
circulation in the country where the defendant may be
in the Philippines, the remedy of the plaintiff in order to publication in any action and the rule obviously does not
found and by serving a copy of the summons and the
distinguish whether the action is in personam, in rem, or quasi
court order by-registered mail at the last known address acquire jurisdiction to try the case is to convert the action
in rem. The tenor of the rule authorizes summons by
of the defendant; into a proceeding in rem or quasi in rem by attaching the
publication whatever the action may be as long as the identity
c. By facsimile property of the defendant. Philippine Commercial
of the defendant is unknown or his whereabouts are unknown.
d. By electronic means with the prescribed proof of International Bank v. Alejandro
Santos v. PNOC Exploration, Corporation
service; or
e. By such other means as the court may in its discretion Note: Those enumerated from 1 to 3 applies to any action,
Extraterritorial Service
direct Section 14, Rule 14 which necessarily includes personal action (Riano, 2014
Summons by publication may be made only with leave of
1. When the defendant does not reside and is not found
Summons on foreign corporation not registered and not court. in the Philippines, and
doing business in the Philippines at all. Cannot be 2. the action
summoned, beyond the jurisdiction of the court. Service of summons by mail a. affects the personal status of the plaintiff or
Service of summons on public corporations b. relates to, or the subject of which is, property
1. When the defendant is the Republic of the Service of summons may be effected through publication in a within the Philippines, in which the defendant
Philippines, service may be effected on the Solicitor newspaper of general circulation together with a registered

has or claims a lien or interest, actual or copy of the summons and order of court must also be business, or name of the officer of the homeowners'
contingent, or sent by registered mail to the last known address of association or condominium corporation or its chief security
c. in which the relief demanded consists, wholly defendant (2008 Bar); or officer in charge of the community or building where the
or in part, in excluding the defendant from 3. Any other manner the court may deem sufficient. defendant may be found Section 20, Rule 14
any interest therein, or the property of the
defendant has been attached within the Proof of Service. The proof of service of a summons shall:
Residents Temporarily Out of the Philippines. When any
Philippines,
action is commenced against a defendant who ordinarily a. be made in writing by the server
service may, by leave of court, be effected out of the
resides within the Philippines, but who is temporarily out of it, b. set forth the manner, place, and date of service
Philippines by personal service as under Section 6; or as c. specify any papers which have been served with the
provided for in international conventions to which the service may, by leave of court, be also effected out of the
Philippines, as under the preceding Section Section 18, Rule process and the name of the person who received the
Philippines is a party; or by publication in a newspaper of same; and
general circulation in such places and for such time as the 14
d. shall be sworn to when made by a person other than a
court may order, in which case a copy of the summons and sheriff or his or her deputy.
order of the court shall be sent by registered mail to the last Leave of Court. Any application to the court under this Rule If summons was served by electronic mail, a printout of said
known address of the defendant, or in any other manner the for leave to effect service in any manner for which leave of e-mail, with a copy of the summons as served, and the
court may deem sufficient. Any order granting such leave court is necessary shall be made by motion in writing, affidavit of the person mailing, shall constitute as proof of
shall specify a reasonable time, which shall not be less than 60 supported by affidavit of the plaintiff or some person on his service Section 21, Rule 14
calendar days after notice, within which the defendant must behalf, setting forth the grounds for the application Section
answer. 19, Rule 14 Proof of Service by Publication. If the service has been
made by publication, service may be proved by the affidavit
Return. Within 30 calendar days from issuance of summons of the publisher, editor, business or advertising manager, to
Requisites of extra-territorial service of summons
by the clerk of court and receipt thereof, the sheriff or process which affidavit a copy of the publication shall be attached and
1. The defendant is nonresident;
server, or person authorized by the court, shall complete its by an affidavit showing the deposit of a copy of the summons
2. He is not found in the Philippines; and
service. Within 5 calendar days from service of summons, the and order for publication in the post office, postage prepaid,
3. The action against him is either in rem or quasi in
server shall file with the court and serve a copy of the return directed to the defendant by registered mail to his or her last
rem. to the plaintiff's counsel, personally, by registered mail, or by known address Section 22, Rule 14
electronic means authorized by the Rules.
Note:There is no extraterritorial service of summons in an Should substituted service have been effected, the return shall
action in personam. Hence, extraterritorial service upon a Voluntary Appearance. The defendant's voluntary
state the following: appearance in the action shall be equivalent to service of
nonresident in an action for injunction which is in personam is (1) The impossibility of prompt personal service within a
not proper (Kawasaki Port Service Corp. vs. Amores summons. The inclusion in a motion to dismiss of other
period of 30 calendar days from issue and receipt of grounds aside from lack of jurisdiction over the person of the
summons; defendant shall be deemed a voluntary appearance Section 23,
Manner of service of summons in cases of extraterritorial (2) The date and time of the 3 attempts on at least 2 different Rule 14
service dates to cause personal service and the details of the inquiries
1. With leave of court served outside the Philippines by made to locate the defendant residing thereat; and
personal service; Note: As a rule, the court cannot acquire jurisdiction over the
(3) The name of the person at least 18 years of age and of
2. With leave of court served by publication in a person of the respondent without the latter being served with
sufficient discretion residing thereat, name of competent
newspaper of general circulation, in which case a summons. However, even if there is no valid service of
person in charge of the defendant's office or regular place of
summons, the court can still acquire jurisdiction over the
person of the defendant by virtue of the latter's voluntary
appearance. Voluntary appearance cures the defect in the
service of summons. Sy v. Fairland Knitcraft Co., Inc

RULE 15: MOTIONS ad majorem dei gloriam CIVIL PROCEDURE
RULE 15
Motion Day. Except for motions requiring immediate action, It may be in the form of a
Motions where the court decides to conduct hearing on a litigious complaint, counterclaim,
motion, the same shall be set on a Friday. Section 8, Rule 15 cross- claim, third-party
1. Definition complaint or complaint-in-
2. Motion v pleading intervention, answer or
3. Kinds of motion reply Section 2, Rule 6
Motion for Leave. A motion for leave to file a pleading or
4. Form motion shall be accompanied by the pleading or motion
5. Contents sought to be admitted Section 10, Rule 15 Kinds of motions
6. Non-litigious motion
7. Litigious motion Omnibus Motion. Subject to the provisions of Section 1 of 1. Motion ex parte. One which does not require that the
8. Prohibited motion Rule 9, a motion attacking a pleading, order, judgment, or parties be heard and which the court may act upon without
9. Dismissal of motions proceeding shall include all objections then available, and all prejudicing the rights of the other party (2002 Bar);
objections not so included shall be deemed waived. Section 9, 2. Litigous motion. One which requires parties to be heard
Some pointers. May be written or oral. Oral motions have to Rule 15 before a ruling on the motion is made by a court (e.g.
be resolved by the judge in the same hearing. Written motions motion to dismiss and motion for summary judgment)
may be resolved after hearing. General rule. All available grounds for objection in 3. Pro forma motion. One which does not satisfy the
attacking a pleading, order, judgment, or proceeding requirements of the rules and one which will be treated as
As soon as the motion was filed, the Court may wait for the should be invoked at one time; otherwise, they shall a motion intended to delay the proceedings. Marikina
other party’s response or rule on the motion right away. The be deemed waived (2010 Bar Development Corporation v Flojo
hearing is now discretionary on the court. All in the intention • Exceptions. The following may be raised for
to speed up proceedings because motions may take some time. the first time on appeal. Form of motion
Section 2, Rule 15
1. Lack of jurisdiction over the subject
Non-litiguous motions which the court may not call a hearing matter;
on and must be resolved right away. (section 5) It must be:
2. Litis pendentia;
1. in writing except
3. Res judicata; and
Motions have to be served on the other party not just served. 2. those made in open court or in the course of hearing
4. Prescription Section 1, Rule 9
or trial.
Omnibus Motion Rule in Section 9 is important. A motion • A motion made in open court or in the course
Motion v Pleadings
attacking a pleading, order, judgment, or proceeding shall of a hearing or trial should immediately be
include all objections then available, and all objections not so resolved in open court, after the adverse party
Motion Pleading
included shall be deemed waived. is given the opportunity to argue his or her
A motion is an application It is a written statement of
for relief other than a the respective claims and opposition thereto.
Prohibited motion in Section 12. pleading. Section 1, Rule 15 defenses of the parties
submitted to the court for When facts do not appear on record, affidavits and
Motion Defined. A motion is an application for relief other appropriate judgment. depositions. When a motion is based on facts not appearing
than by a pleading. Section 1, Rule 15 Section 1, Rule 6 on record, the court may hear the matter on affidavits or

depositions presented by the respective parties, but the court g) Motion for the issuance of an order directing the calendar days from receipt thereof. No other submissions shall
may direct that the matter be heard wholly or partly on oral sheriff to execute the final certificate of sale; and be considered by the court in the resolution of the motion
testimony or depositions h) Other similar motions.
Resolution by the court. The motion shall be resolved by the
Rules on form of pleadings applicable to written motions. These motions shall not be set for hearing and shall be court within fifteen (15) calendar days from its receipt of the
The Rules applicable to pleadings shall apply to written resolved by the court within five calendar days from receipt opposition thereto, or upon expiration of the period to file
motions so far as concerns caption, designation, signature, and thereof such opposition.
other matters of form. Section 11, Rule 15
Litigious Motions Notice of Hearing on Litigious Motions; Discretionary.
Proof of Service Necessary. No written motion shall be acted The court may, in the exercise of its discretion, and if deemed
upon by the court without proof of service thereof, pursuant to (a) Litigious motions include: necessary for its resolution, call a hearing on the motion. The
Section 5 (b) hereof. Section 7, Rule 15 1) Motion for bill of particulars; notice of hearing shall be addressed to all parties concerned,
2) Motion to dismiss; and shall specify the time and date of the hearing Section 6,
Contents of a motion 3) Motion for new trial; Rule 15
Section 13, Rule 15 4) Motion for reconsideration;
5) Motion for execution pending appeal; Prohibited Motions
6) Motion to amend after a responsive pleading has been
1. The relief sought to be obtained;
filed; 1. Motion to dismiss
2. The ground upon which it is based; and
7) Motion to cancel statutory lien; General rule. Motion to dismiss is already
3. If required by the Rules or necessary to prove facts
8) Motion for an order to break in or for a writ of prohibited.
alleged therein, shall be accompanied by supporting
demolition;
affidavits and other papers
9) Motion for intervention; Exceptions. A motion to dismiss for the following
10) Motion for judgment on the pleadings; grounds is allowed:
Non-Litigious Motions
11) Motion for summary judgment; a. No jurisdiction. That the court has no jurisdiction
Section 4, Rule 15
12) Demurrer to evidence; over the subject matter of the claim;
13) Motion to declare defendant in default; and b. Litis pendentia. That there is another action
Non-litigious motions. Motions which the court may act upon
14) Other similar motions. pending between the same parties for the same
without prejudicing the rights of adverse parties are non-
litigious motions. cause; and
How motions shall be served. All motions shall be served by c. Res judicata. That the cause of action is barred
These motions include: • personal service, by a prior judgment or by the statute of
S.A.P.E.P.E.C.O • accredited private courier or limitations.
a) Motion for the issuance of an alias summons; • registered mail, or
b) Motion for extension to file answer; • electronic means 2. Motion to hear affirmative defenses;
c) Motion for postponement; so as to ensure their receipt by the other party. 3. Motion for reconsideration of the court's action on the
d) Motion for the issuance of a writ of execution; affirmative defenses;
e) Motion for the issuance of an alias writ of execution; Opposition to the litigious motion. The opposing party shall
f) Motion for the issuance of a writ of possession; file his or her opposition to a litigious motion within five (5)
4. Motion to suspend proceedings without a temporary 1. the cause of action is barred by a prior judgment or by the
restraining order or injunction issued by a higher statute of limitations;
court; 2. that the claim or demand set forth in the plaintiff's
5. Motion for extension of time to file pleadings, pleading has been paid, waived, abandoned or otherwise
affidavits or any other papers. extinguished; or
• Except: a motion for extension to file an 3. that the claim on which the action is founded is
answer as provided by Section 11, Rule 11; unenforceable under the provisions of the statute of frauds
and shall bar the refiling of the same action or claim
6. Motion for postponement intended for delay
• Except: if it is based on acts of God, force RULE 16
majeure or physical inability of the witness to Motion to Dismiss
appear and testify. [Provisions either deleted or transposed]
• If the motion is granted based on such
exceptions, the moving party shall be warned
that the presentation of its evidence must still
be terminated on the dates previously agreed
upon.
• A motion for postponement, whether written
or oral, shall, at all times, be accompanied by
the original official receipt from the office of
the clerk of court evidencing payment of the
postponement fee under Section 21 (b), Rule
141, to be submitted either at the time of the
filing of said motion or not later than the next
hearing date.
7. The clerk of court shall not accept the motion unless
accompanied by the original rec
Dismissal of Motions
Section 13, Rule 15
General rule. The dismissal of a motion shall be without

prejudice to the filing of another.
Exception; Dismissal with Prejudice. Subject to the right of

appeal, an order granting a motion to dismiss or an affirmative
defense that
RULE 17: DISMISSAL OF ACTIONS ad majorem dei gloriam CIVIL PROCEDURE
RULE 17 Dismissal upon Motion of Plaintiff
Dismissal matter of right before answer or motion for Section 2, Rule 17
Dismissal of Actions summary judgment. Before an answer or a motion for
1. Upon notice by plaintiff summary judgment has been served upon the plaintiff, the Dismissal upon Motion of Plaintiff. Except as provided in
2. Upon motion of plaintiff dismissal by the plaintiff by the filing of a notice is a matter of the preceding section, a complaint shall not be dismissed at
3. Due to fault of plaintiff right. the plaintiff's instance save upon approval of the court and
4. Dismissal of counterclaim, cross-claim or third-party • Court has no discretion; not subject to approval. It upon such terms and conditions as the court deems proper.
complaint is not the order confirming the dismissal which
operates to dismiss the complaint. As the name of the • After answer and motion for summary judgment,
Pointers. Dismissal of the plaintiff. order implies, said order merely confirms a dismissal dismissal no longer a matter of right; court
1. Before the answer, I will file a notice. The court will already effected by the filing of the notice of approval required. Once either an answer or a
automatically dismiss it. You can only do this once. If you dismissal. motion for summary judgment has been served on the
dismiss it once, it is without prejudice but the second one will • When dismissal is reckoned. It is submitted that the plaintiff, the dismissal is no longer a matter of right
be with prejudice already, it will be a permanent dismissal. dismissal should occur as of the date the notice is and will require the filing of a motion to dismiss, not
2. After answer has been filed, I will file a motion. It will now filed by the plaintiff and not as of the date the court a mere notice of dismissal. Court approval is now
address the discretion of the court. The court will decide issues the order confirming the dismissal. Riano, 2014 required.
whether to dismiss it or not. The dismissal is also without
prejudice but if there are counterclaims against you, you General rule; dismissal without prejudice. Unless otherwise If counterclaim pleaded before service of motion for
become the defendant you will remain the defendant in those stated in the notice, the dismissal is without prejudice. The dismissal, dismissal limited to complaint. If a counterclaim
cases. complaint can be refiled. has been pleaded by a defendant prior to the service upon him
3. Do nothing and be lazy. Fail to appear at the presentation of • 2 dismissal rule; adjudication on merits. except that or her of the plaintiff's motion for dismissal, the dismissal
evidence, violate the court’s rules. The court motu proprio a notice operates as an adjudication upon the merits shall be limited to the complaint.
upon the defendant’s motion may dismiss the case. The when • Without prejudice to prosecute counterclaim. The
dismissal here is with prejudice except when the court deems o filed by a plaintiff who has once dismissed dismissal shall be without prejudice to the right of the
otherwise. o in a competent court an action defendant to prosecute his or her counterclaim in a
o based on or including the same claim. separate action unless within fifteen (15) calendar
Dismissal upon Notice by Plaintiff days from notice of the motion
Section 1, Rule 17 Exception. When the notice states otherwise. o unless he or she manifests his or her
• If the plaintiff files a notice of dismissal providing preference to have his or her counterclaim
Dismissal upon Notice by Plaintiff. A complaint may be therein a reason that prevents the refiling of the resolved in the same action.
dismissed by the plaintiff by filing a notice of dismissal at any complaint, the dismissal must be deemed one with • Counterclaim not dismissed. The Rule does not
time before service: prejudice even if the notice does not state that the distinguish—a counterclaim, whether compulsory or
1. of the answer or dismissal is with prejudice. permissive, is not dismissed.
2. of a motion for summary judgment. • This happens when, for instance, the notice provides • The defendant if he so desires may prosecute his
that the plaintiff recognizes the fact of prescription or counterclaim either in a separate action or in the same
• Action of the court. Upon such notice being filed, the extinguishment action. Should he choose to have his counterclaim
court shall issue an order confirming the dismissal. resolved in the same action, he must notify the court
of his preference within 15 days from notice of the merits, and is necessarily understood to be with prejudice to the effect of adjudication on the merits. Shimizu Phil
plaintiff’s motion to dismiss. Riano, 2014 the filing of another action, unless otherwise provided in the Contractors, Inc. v. Magsalin, 674 SCRA 65.
order of dismissal
Dismissal without prejudice. Unless otherwise specified in Remedy for dismissal. And the remedy of a plaintiff Dismissal of Counterclaim, Cross-Claim, or Third-Party
the order, a dismissal under this paragraph shall be without declared non-suited is to appeal from the order of Complaint
prejudice. dismissal, the same being a final resolution of the case Section 4, Rule 17
(Regalado, Remedial Law Compendium, 1988 ed., p.
Dismissal of class suit requires court approval. A class suit 185 Further, if a motion for reconsideration had been Dismissal of Counterclaim, Cross-Claim, or Third-Party
filed by the plaintiff but was denied, appeal lies from
shall not be dismissed or compromised without the approval Complaint. The provisions of this Rule shall apply to the
both orders (ibid. And where appeal is the proper
of the court. dismissal of any counterclaim, cross-claim, or third-party
remedy, certiorari will not lie.
complaint.
Dismissal Due to Fault of Plaintiff Test for dismissing a case for failure to prosecute; want of
Section 3, Rule 17 due diligence. A court can dismiss a case on the ground Voluntary dismissal by claimant. A voluntary dismissal by
of non prosequitur, the real test for the exercise of such power the claimant by notice as in Section 1 of this Rule, shall be
Dismissal Due to Fault of Plaintiff. If, for no justifiable is whether, under the circumstances, plaintiff is chargeable made:
cause, the plaintiff fails: with want of due diligence in failing to proceed with 1. before a responsive pleading or a motion for summary
1. Failure to present evidence. to appear on the date of reasonable promptitude. In the absence of a pattern or scheme judgment is served or, if there is none,
the presentation of his or her evidence in chief on the to delay the disposition of the case or a wanton failure to 2. before the introduction of evidence at the trial or
complaint, or observe the mandatory requirement of the rules on the part of hearing.
2. Failure to prosecute. to prosecute his or her action the plaintiff, courts should decide to dispense with rather than
for an unreasonable length of time, or wield their authority to dismiss. Marahay v. Melicor Dismissal of a complaint does not carry with it the
3. Failure to comply. to comply with these Rules or any dismissal of a compulsory counterclaim. A counterclaim is
Equity considerations in dismissing cases. The SC ordered the a distinct and independent cause of action which, though
order of the court, reinstatement of the case dismissed by the RTC based purely alleged in the answer, is not part of the answer. Being
the complaint may be dismissed: on technicalities—failure of the judge to attend the hearing for
1. upon motion of the defendant or compulsory in nature, its cause is not eliminated by the
the Issuance of Alias Summons. Aside from the fact that said dismissal of the complaint to which it relates. Hence, when
2. upon the court's own motion, motion is non-litigious in nature or does not require a hearing petitioner raised in her answer a counterclaim alleging
without prejudice to the right of the defendant to prosecute his under the Rules, it could not be said that the delay of suffering and injury as a result of the unwarranted and
or her counterclaim in the same or in a separate action. prosecuting the case for over one year was is due to the lack baseless complaint, which complaint was subsequently
of interest of the plaintiff in prosecuting the case. Rather, the dismissed for lack of jurisdiction, the SC allowed the
Adjudication on merits. This dismissal shall have the effect delay was due to the difficulties it encountered in locating petitioner to present evidence in support of said counterclaim.
of an adjudication upon the merits, unless otherwise declared respondents, who appeared to have a propensity for Padilla v Globe Asiatique Realty.
by the court. changing addresses and refusing to accept court processes.
It can hardly be said that PCI Leasing engaged in a pattern or But if cause of action of counterclaim is eliminated,
scheme to delay the disposition of its case. PCI Leasing and counterclaim must be dismissed. If the dismissal of the
Dismissal for failure to prosecute
Finance Inc. v Milan complaint eliminates the cause(s) of the counterclaim, then the
Effect of dismissal non-prosequitur. The dismissal of a case counterclaim cannot survive. Pinga v Heirs of German
Procedurally, when the complaint is dismissed for failure to Santiago. In this case, while respondent's complaint against
for failure to prosecute has the effect of adjudication on the
prosecute and the dismissal is unqualified, the dismissal has
petitioner is already dismissed, petitioner already incurred
damages and litigation expenses since it was forced to engage
legal representation in the PH to protect its rights and to assert
lack of jurisdiction of the courts over its person by virtue of
the improper service of summons. The cause of action of the
counterclaim was not eliminated by the mere dismissal of
respondent's complaint. Padilla v Globe Asiatique Realty.
Counterclaim is a distinct cause of action. Whatever the

nature of the counterclaim, it bears the same integral
characteristics as a complaint; namely a cause (or causes) of
action constituting an act or omission by which a party
violates the right of another. The main difference lies in that
the cause of action in the counterclaim is maintained by the
defendant against the plaintiff, while the converse holds true
with the complaint. Yet, as with a complaint, a counterclaim
without a cause of action cannot survive.

Note. Failure of the plaintiff to appear at the pre-trial when so required shall cause for the dismissal of the action (Suico Industrial Corp. v. Lagura-Yap
Dismissal Upon Notice by The Plaintiff; Two-Dismissal Rule Dismissal Upon Motion of Plaintiff; Effect on Existing Dismissal Due to the Fault of Plaintiff
Counterclaim
A complaint may be dismissed by the plaintiff by filing a notice of After service of the answer or a motion for summary judgment by the 1. If, for no justifiable cause, the plaintiff fails to appear on the date of
dismissal at any time before service of the answer or of a motion for adverse party Section 2, Rule 17)(2010 Bar the presentation of his evidence in chief on the complaint
summary judgment. Upon such notice being filed, the court shall issue
an order confirming the dismissal. Unless otherwise stated in the notice, 2. If the plaintiff fails to prosecute his action for an unreasonable length
the dismissal is without prejudice, except that a notice operates as of time (nolle prosequi)
adjudication upon the merits when filed by a plaintiff who has once 3. If the plaintiff fails to comply with the Rules or any order of the
dismissed in a competent court an action based on or including the court Section 3, Rule 17)(2008 Bar)
same claim Section 1, Rule 17
NB: The plaintiff’s failure to appear at the trial after he has presented
his evidence and rested his case does not warrant the dismissal of the
case on the ground of failure to prosecute. It is merely a waiver of his
right to cross-examine and to object to the admissibility of evidence.
It is a matter of right. A matter of discretion upon the court. A complaint shall not be Matter of evidence.
dismissed at the plaintiff's instance save upon approval of the court and
GR: A dismissal without prejudice i.e. the complaint can be re-filed. upon such terms and conditions as the court deems proper Section 2, GR: Dismissal is with prejudice because it has an effect of an
Rule 17) (Bar 2010 adjudication on the merits.
XPNs:
1. The notice of dismissal by the plaintiff provides that the dismissal GR: It is a dismissal without prejudice. XPN: Unless otherwise declared by the court Section 3, Rule 17)
is with prejudice; or
2. The plaintiff has once dismissed in a competent court an action XPN: If the order of dismissal specifies that it is with prejudice Section
based on or including the same claim (Two-Dismissal Rule) 2, Rule 17
Section 1, Rule 17
3. Even where the notice of dismissal does not provide that it is with NB: A class suit shall not be dismissed or compromised without the
prejudice but it is premised on the fact of payment by the defendant approval of the court.
of the claim involved (Serrano v. Cabrera)
If a counterclaim has been pleaded by a defendant prior to the service
NB: The dismissal as a matter of right ceases when an answer or a upon him of the plaintiff's motion for dismissal, the dismissal shall be
motion for summary judgment is served on the plaintiff and not when limited to the complaint.
the answer or motion is filed with the court. Thus, if a notice of
dismissal is filed by the plaintiff even after an answer has been filed in
court but before the responsive pleading has been served on the
plaintiff, the notice of dismissal is still a matter of right.
Since there is no answer yet filed by the adverse party, no counterclaim GR: It is without prejudice to the right of defendant to prosecute his Dismissal upon motion of the defendant or upon the court's own motion
is recoverable. is without prejudice to the right of the defendant to prosecute his
counterclaim in a separate action.
counterclaim on the same or separate action.
XPN: Unless within 15 days from notice of the motion he manifests his
preference to have his counterclaim resolved in the same action.

RULE 18: PRE-TRIAL ad majorem dei gloriam CIVIL PROCEDURE
RULE 18 Pre-trial brief. Failure to file the pre-trial brief shall have Nature of a Pre-trial. The pre-trial is mandatory and
the same effect as failure to appear at the pre-trial. should be terminated promptly. Section 2, Rule 18 It is
Pre-trial not a mere technicality in court proceedings for it serves
Pre-trial brief: Summary of the respective testimonies of a vital objective: the simplification, abbreviation, and
1. Overview the witnesses. Pre-trial order: the direct testimony of expedition of the trial, if not indeed its dispensation (The
2. Lecture Transcript witnesses for the plaintiff shall be in the form of judicial Philippine American Life & General Insurance Co. v.
3. Nature affidavits. Enario
4. Purposes
5. Notice of Pre-trial Pre-trial. It is a procedural device by which the court is Note: A motion to set the case for pre-trial is an ex parte
6. Pre-trial Brief called upon, after the filing of the last pleading, to motion. This means that the motion need not be the
7. Pre-trial Order compel the parties and their lawyers to appear before it, subject of a hearing (Riano, 2014
8. Court-Annexed Mediation. and negotiate an amicable settlement or otherwise make
9. Judicial Dispute Resolution. a formal statement and embody in a single document the Pre-trial Conference. During the pre-trial, the judge
issues of fact and law involved in the action, and such shall be the one to ask questions on issues raised by the
Overview. Duty to set pre-trial is now with the Clerk of other matters as may aid in the prompt disposition of the parties and all questions or comments by counsel or
Court. Dates shall include schedule for mediation and action. parties must be directed to the judge. The purpose of this
JDR. Pretrial order will now include a schedule for is to avoid hostilities between the parties (A.M. No. 03-1-
1. Mediation – not to exceed 30 days, no extension Conduct of a pre-trial. After the last pleading has been 09-SC, July 13, 2004
2. JDR if deemed necessary, not to exceed 15 days. served and filed, the branch clerk of court shall issue,
within 5 calendar days from filing, a notice of pre-trial Purposes of Pre-trial. The court shall consider the
Lecture Transcript. What is pretrial. Everything that is which shall be set not later than 60 calendar days from following purposes:
needed to prepare for a speedy disposition of the trial the filing of the last responsive pleading. Section 1, Rule
itself. 18 a. The possibility of an amicable settlement or of a
submission to alternative modes of dispute
Pretrial will limit witnesses, facts, set hearing dates and Particularly, the motion is to be filed within 5 days after resolution;
documentary evidence. For proper presentation of trial. the last pleading joining has been served and filed b. The simplification of the issues;
Indicate what laws and jurisprudence are relevant so that (Administrative Circular No. 3-99, January 15, 1999 c. The possibility of obtaining stipulations or
the court may study in advance. admissions of facts and of documents to avoid
NOTE: If the plaintiff fails to file a motion within the unnecessary proof;
In pre-trial both parties and their counsel must be given period, the branch clerk of court shall issue a d. The limitation of the number and identification of
present. Absence of one will be tantamount to failure to notice of pre-trial (A.M. No. 03-1-09-SC, July 13, 2004 witnesses and the setting of trial dates;
appear at the pre-trial and will be sanctioned e. The advisability of a preliminary reference of issues
accordingly. Last Pleading. The last permissible pleading that a party to a commissioner;
can file is the reply to the answer to the last pleading f. The propriety of rendering judgment on the
Sec 2 v Sec 5. Sec 2: multiple parties so not immediately asserting a claim. This claim could be the original pleadings, or summary judgment, or of dismissing
dismissal. complaint, the counterclaim, cross-claim, or third-party the action should a valid ground therefor be found to
complaint. exist;
g. The requirement for the parties to: prescribed form amicable settlement, to submit to alternative modes of
1. Mark their respective evidence if not yet marked dispute resolution, and to enter into stipulations or
in the judicial affidavits of their witnesses; Note: Sending a notice of pre-trial stating the date, time admissions of facts and documents. Section 4, Rule 18
2. 2.Examine and make comparisons of the adverse and place of pre-trial is mandatory. Its absence will
parties' evidence vis-a-vis the copies to be render the pre-trial and subsequent proceedings void. Under the new rules, the “special authority” of the
marked; This must be so as part of a party’s right to due process lawyer or representative should be in writing because the
3. Manifest for the record stipulations regarding the (Agulto v. Tecson courts can neither second-guess the specific powers
faithfulness of the reproductions and the given, nor can the courts assume that all the powers
genuineness and due execution of the adverse Non-compliance with service of notice of pre-trial. If specified in Section 4 of Rule 18 are granted by a party
parties' evidence; no notice of pre-trial is served, all the proceedings at the to his representative (Republic v. CA
4. Reserve evidence not available at the pre-trial, pre-trial et seq. are null and void. Hence, the absence of
but only in the following manner: the requisite notice of pre-trial to the defendant’s counsel Failure to appear during pre-trial.
i. For testimonial evidence, by (or to the defendant himself, in case he has no counsel)
giving the name or position and nullifies the order allowing the plaintiff to present his 1. Plaintiff’s failure to appear- When duly notified, the
the nature of the testimony of the evidence ex parte (Ibid failure of the plaintiff and counsel to appear without
proposed witness; valid cause when so required, pursuant to the next
ii. For documentary evidence and Notice of Pre-trial. The notice of pre-trial shall be preceding Section, shall cause the dismissal of the
other object evidence, by giving a served on counsel, or on the party if he or she has no action. The dismissal shall be with prejudice, unless
particular description of the counsel. The counsel served with such notice is charged otherwise ordered by the court.
evidence. with the duty of notifying the party represented by him NOTE: The plaintiff’s remedies from the order of
No reservation shall be allowed if not or her. dismissal include:
made in the manner described above.
h. Such other matters as may aid in the prompt Non-appearance at any of the foregoing settings shall be a. Appeal; or
disposition of the action. deemed as non-appearance at the pre-trial and shall merit
the same sanctions under Section 5 hereof. b. Re-filing of the complaint, if the order of dismissal
The failure without just cause of a party and counsel to is without prejudice [Sec. 1 (g), Rule 41]
appear during pre-trial, despite notice, shall result in a Appearance of parties. It shall be the duty of the parties
and their counsel to appear at the pre-trial, court- 2. Defendant’s non-attendance- A similar failure on the
waiver of any objections to the faithfulness of the
reproductions marked, or their genuineness and due annexed mediation, and judicial dispute resolution, if part of the defendant and counsel shall be cause to
execution. necessary. allow the plaintiff to present his or her evidence ex
parte within 10 calendar days from termination of the
The failure without just cause of a party and/or counsel The non-appearance of a party and counsel may be pre-trial, and the court to render judgment on the
to bring the evidence required shall be deemed a waiver excused only for acts of God, force majeure, or duly basis of the evidence offered. Section 5, Rule 18
of the presentation of such evidence. substantiated physical inability. Note: The defendant may move for the
reconsideration of the order and if the denial is
A representative may appear on behalf of a party, but tainted with grave abuse of discretion, he may file a
The branch clerk of court shall prepare the minutes of the
must be fully authorized in writing to enter into an petition for certiorari.
pre- trial, which shall have the following format: (See
When non-appearance of a party in a pre-trial questions to arbitration. Procedural rules likewise (Ramos v. Spouses Lavendia
conference excused. prohibit an attorney to compromise his client’s litigation
without a “special authority” (Ibid. Pre-trial Order. An order issued by the court upon
1. If a valid cause is shown therefore; or termination of the pre-trial. Upon termination of the pre-
2. If a representative shall appear in his behalf fully When filed. The parties shall file their respective pre- trial, the court shall issue an order within ten (10)
authorized in writing to: trial briefs in such a manner as shall ensure their receipt calendar days which shall recite in detail the matters
a. Enter into an amicable settlement; thereof at least 3 calendar days before the date of the pre- taken up. The order shall include:
b. Submit to alternative modes of dispute trial Section 6, Rule 18
resolution; and a) An enumeration of the admitted facts;
c. Enter into stipulations or admissions of facts Contents of a pre-trial brief. b) The minutes of the pre-trial conference;
and of documents. Section 4, Rule 18) c) The legal and factual issue/s to be tried;
Note: The phraseology of the provision suggests that it is a. A concise statement of the case and the reliefs prayed d) The applicable law, rules, and jurisprudence;
not sufficient for the written authority to give to the for; e) The evidence marked;
representative the power to enter into one of the matters b. A summary of admitted facts and proposed f) The specific trial dates for continuous trial, which
mentioned in Sec. 4 of Rule 18, as when the only stipulation of facts; shall be within the period provided by the Rules;
authority granted is to enter into amicable settlement. c. The main factual and legal issues to be tried or g) The case flowchart to be determined by the court,
The authority must also confer upon the representative resolved; which shall contain the different stages of the
the power to enter into alternative modes of dispute d. The propriety of referral of factual issues to proceedings up to the promulgation of the decision
resolution and stipulations and admissions of fact. An commissioners; and the use of time frames for each stage in setting
incomplete authority does not satisfy the requirements of e. The documents or other object evidence to be the trial dates;
the Rules and should be deemed the equivalent of having marked, stating the purpose thereof; h) A statement that the one-day examination of witness
no authority at all. Further, the mere presentation of such f. The names of the witnesses, and the summary of rule and most important witness rule under A.M. No.
written authority is not sufficient, but must be their respective testimonies; and 03-1-09-SC (Guidelines for Pre-Trial) shall be
complemented by a showing of valid cause for the non- g. A brief statement of points of law and citation of strictly followed; and
appearance of the party himself (Ibid. authorities. i) A statement that the court shall render judgment on
Failure to file the pre-trial brief shall have the same the pleadings or summary judgment, as the case may
The authority to submit to ADR, which includes effect as failure to appear at the pre-trial. Section 6, Rule be.
arbitration, is not complied with by a mere special power 18 The direct testimony of witnesses for the plaintiff shall
to compromise since a special power to compromise be in the form of judicial affidavits. After the
does not authorize submission to arbitration (Art. 1880, Note: The parties are bound by the representations and identification of such affidavits, cross-examination shall
NCC Moreover, the written authority must be in the statements in their respective pre-trial briefs (A.M. 03-1- proceed immediately.
form of special power of attorney. Entering into an 09-SC, July 13, 2004 Hence, such representations and
amicable settlement for a client who is the principal in statements are in the nature of judicial admissions in Postponement of presentation of the parties' witnesses at
the attorney-client relationship involves entering into a relation to Sec. 4, Rule 129. a scheduled date is prohibited, except if it is based on
compromise. Substantive law is explicit: Special power acts of God, force majeure or duly substantiated physical
Note: The dismissal of the complaint for failure to file inability of the witness to appear and testify. The party
of attorney is necessary to compromise, and to submit
pre-trial brief is discretionary on the part of the trial court who caused the postponement is warned that the
presentation of its evidence must still be terminated Section 9, Rule 18
within the remaining dates previously agreed upon.
Judgment after Pre-Trial. Should there be no more
Should the opposing party fail to appear without valid controverted facts, or no more genuine issue as to any
cause stated in the next preceding paragraph, the material fact, or an absence of any issue, or should the
presentation of the scheduled witness will proceed with answer fail to tender an issue, the court shall, without
the absent party being deemed to have waived the right prejudice to a party moving for judgment on the
to interpose objection and conduct cross-examination. pleadings under Rule 34 or summary udgment under
Rule 35, motu proprio include in the pre-trial order that
The contents of the pre-trial order shall control the the case be submitted for summary judgment or
subsequent proceedings, unless modified before trial to judgment on the pleadings, without need of position
prevent manifest Section 7, Rule 18 papers or memoranda. In such cases, judgment shall be
rendered within 90 calendar days from termination of the
Court-Annexed Mediation. After pre-trial and, after pre-trial.
issues are joined, the court shall refer the parties for
mandatory court-annexed mediation. The order of the court to submit the case for judgment
pursuant to this Rule shall not be the subject to appeal or
The period for court-annexed mediation shall not exceed certiorari.
30 calendar days without further extension. Section 8,
Rule 18
Judicial Dispute Resolution. Only if the judge of the

court to which the case was originally raffled is
convinced that settlement is still possible, the case may
be referred to another court for judicial dispute
resolution. The judicial dispute resolution shall be
conducted within a non-extendible period of 15 calendar
days from notice of failure of the court-annexed
mediation.
If judicial dispute resolution fails, trial before the

original court shall proceed on the dates agreed upon.
All proceedings during the court-annexed mediation and

the judicial dispute resolution shall be confidential.
RULE 19: INTERVENTION ad majorem dei gloriam CIVIL PROCEDURE
RULE 19: gain or lose by the direct legal operation and effect of the Pleadings-in-Intervention. The intervenor shall file:
judgment. Mactan Cebu v Heirs of Mioza 1. a complaint-in-intervention if he or she asserts a
Intervention claim against either or all of the original parties, or
Direct interest; independent controversy cannot be 2. an answer-in-intervention if he or she unites with
Pointers. Completely discretionary on the court. A party injected into a suit by intervention. The SC denied the the defending party in resisting a claim against the
would want to intervene if he/she will be affected by the motion of the parties who sought to intervene by claiming that latter. Section 3, Rule 19
outcome of the case. 2 factors that the court will look at: they were the legitimate heirs of the owners of the property
1. Whether or not the intervention will duly delay or prejudice subject of the litigation and that the original plaintiffs of the
Answer to Complaint-in-Intervention. The answer to the
the rights of the original parties. case merely acquired the property by fraudulent means. In
resolving these issues, the parties will be required to present complaint-in-intervention shall be filed within fifteen (15)
2. Whether or not the intervenor’s right may be fully protected
additional evidence which are foreign to the primary issue of calendar days from notice of the order admitting the same,
in a separate proceeding.
the case, which is the plaintiff’s right to repurchase the subject unless a different period is fixed by the court. Section 4, Rule
Intervention. Intervention is a remedy by which a third party, properties. This will cause unjust delay in the adjudication of 19
not originally impleaded in the proceedings, becomes a the rights claimed by the original parties. Mactan Cebu v
litigant therein to enable him, her or it to protect or preserve a Heirs of Mioza Subsidiary action; Dismissal of original case extinguishes
right or interest which may be affected by such proceedings. • An independent controversy cannot be injected motion for intervention. A motion for intervention is not an
into a suit by intervention; intervention not proper independent proceeding but merely a
Who May Intervene. A person who has a legal interest: when it delays principal suit. Hence, such collateral/accessory/ancillary to the principal action. It is an
1. in the matter in litigation, or intervention will not be allowed where it would interlocutory proceeding dependent on and subsidiary to the
enlarge the issues in the action and expand the scope case between the original parties. Hence, with the final
2. in the success of either of the parties, or
of the remedies. It is not proper where there are dismissal of the original action, the complaint in intervention
3. an interest against both, or
certain facts giving the intervenor’s case an aspect can no longer be acted upon. Barangay Matictic v Elbinias
4. is so situated as to be adversely affected by a
peculiar to himself and differentiating it clearly from
distribution or other disposition of property in the that of the original parties; the proper course is for the
custody of the court or of an officer thereof would-be intervenor to litigate his claim in a separate
may, with leave of court, be allowed to intervene in the suit. Intervention is not intended to change the nature
action. and character of the action itself, or to stop or delay
the placid operation of the machinery of the trial. The
Court considerations. The court shall consider whether or remedy of intervention is not proper where it will
not: have the effect of retarding the principal suit or
1. the intervention will unduly delay or prejudice the delaying the trial of the action
adjudication of the rights of the original parties, and
2. whether or not the intervenor's rights may be fully Time to Intervene; any time before judgment. The motion
protected in a separate proceeding. Section 1, Rule 19 to intervene may be filed at any time before rendition of
judgment by the trial court.
Nature of interest; direct. The interest contemplated by law • A copy of the pleading-in-intervention shall be
must be actual, substantial, material, direct and immediate, attached to the motion and served on the original
and not simply contingent or expectant. It must be of such parties. Section 2, Rule 19
direct and immediate character that the intervenor will either

RULE 20: CALENDAR OF CASES ad majorem dei gloriam CIVIL PROCEDURE
RULE 20:
Calendar of Cases
Calendar of Cases. 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. Preference shall be given to

• habeas corpus cases,
• election cases,
• special civil actions, and
• those so required by law. Section 1, Rule 20
Assignment of Cases. The assignment of cases to the

different branches of a court shall be done exclusively by
raffle.
• Open session assignment; with notice. 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 2, Rule 22

RULE 21: SUBPOENA ad majorem dei gloriam CIVIL PROCEDURE
RULE 21: 2. The court of the place where the deposition is to be
taken; Subpoena duces tecum. The court may quash a subpoena
Subpoena 3. The officer or body authorized by law to do so in duces tecum:
connection with investigations conducted by said 1. upon motion promptly made and,
Pointers. Subpoena literally means under penalty or under officer or body; or 2. in any event, at or before the time specified therein
pain of law. 4. Any Justice of the Supreme Court or the Court of 3. if it is
Appeals in any case or investigation pending within a. unreasonable and oppressive, or
Take note of who can issue subpoena. the Philippines. b. the relevancy of the books, documents or
things does not appear, or
How do you ask for subpoena. It’s an ex parte proceeding. I Subpoena for a prisoner. When an application for a c. if the person in whose behalf the subpoena is
will ask the court in a letter to issue a subpoena. subpoena to a prisoner is made, the judge or officer shall issued fails to advance the reasonable cost of
examine and study carefully such application to determine the production thereof. See Section 9, Rule 21
A subpoena may be quashed if it is unreasonable or whether the same is made for a valid purpose. 4. In either case, the subpoena may be quashed on the
oppressive. ground that the witness fees and kilometrage allowed
Subpoena for those sentenced to death, RP, or LI & by these Rules were not tendered when the subpoena
failure of a witness to attend = contempt (indirect contempt) confined requires SC authorization. No prisoner: was served.
1. sentenced to death, reclusion perpetua or life
witness more than 1oo km away = no way for him to be imprisonment and Subpoena ad testificandum. The court may quash a
compelled to testify 2. who is confined in any penal institution subpoena ad testificandum on the ground that
shall be brought outside the penal institution for appearance or 1. the witness is not bound thereby.
Section 1, Rule 21 attendance in any court unless authorized by the Supreme 2. In either case, the subpoena may be quashed on the
Subpoena is: Court. ground that the witness fees and kilometrage allowed
1. Subpoena ad testificandum. A process directed to a by these Rules were not tendered when the subpoena
person requiring him or her to attend and to testify: was served.
Section 3, Rule 21
a. at the hearing or the trial of an action, or Form and Contents. A subpoena shall:
b. at any investigation conducted by competent Section 5, Rule 21
1. state
authority, or Subpoena for depositions. Proof of service of a notice to take
a. the name of the court and
c. for the taking of his or her deposition. a deposition, as provided in Sections 15 and 25 of Rule 23,
b. the title of the action or investigation,
2. Subpoena duces tecum. It may also require him or shall constitute sufficient authorization for the issuance of
2. shall be directed to the person whose attendance is
her to bring with him or her: subpoenas for the persons named in said notice by the clerk of
required, and
a. any books, documents, or the court of the place in which the deposition is to be taken.
3. in the case of a subpoena duces tecum, it shall also
b. other things under his or her control. The clerk shall not, however, issue a subpoena duces tecum to
contain a reasonable description of the books, any such person without an order of the court.
documents or things demanded which must appear to
Section 2, Rule 21 the court prima facie relevant.
By whom issued. The subpoena may be issued by: Section 6, Rule 21
1. The court before whom the witness is required to Service. Service of a subpoena shall be made in the same
Section 4, Rule 21
attend; manner as personal or substituted service of summons. The
Quashing a subpoena
RULE 21: SUBPOENA ad majorem dei gloriam CIVIL PROCEDURE
original shall be exhibited and a copy thereof delivered to the thereto shall be punished in accordance with the applicable
person on whom it is served. The service must be made so as law or Rule.
to allow the witness a reasonable time for preparation and
travel to the place of attendance. Section 10, Rule 21
• Costs for court attendance and the production of Exceptions. The provisions of Sections 8 and 9 of this Rule
documents and other materials subject of the shall not apply:
subpoena shall be tendered or charged accordingly. 1. to a witness who resides more than one hundred
(100) kilometers from his or her residence to the
Section 7, Rule 21 place where he or she is to testify by the ordinary
Personal appearance in court. A person present in court before course of travel, or
a judicial officer may be required to testify as if he or she 2. to a detention prisoner if no permission of the court
were in attendance upon a subpoena issued by such court or in which his or her case is pending was obtained.
officer.
Section 8, Rule 21
Compelling attendance. In case of:
1. failure of a witness to attend, the court or judge
issuing the subpoena,
2. upon proof of the service thereof and of the failure of
the witness,
may issue a warrant to the sheriff of the province, or his or her
deputy, to:
1. arrest the witness and
2. bring him or her before the court or officer where his
or her attendance is required, and
3. the cost of such warrant and seizure of such witness
shall be paid by the witness if the court issuing it
shall determine that his or her failure to answer the
subpoena was willful and without just excuse.
Section 9, Rule 21
Contempt. Failure by any person without adequate cause to
obey a subpoena served upon him or her shall be deemed a
contempt of the court from which the subpoena is issued. If
the subpoena was not issued by a court, the disobedience

RULE 22: COMPUTATION OF TIME ad majorem dei gloriam CIVIL PROCEDURE
RULE 22: EO 292 repealed Article 13 of the NCC.
The rule is as follows:
Computation of Time
• Year shall be understood to be twelve calendar
How to compute time. In computing any period of time months;
prescribed or allowed by these Rules, or by order of the court, • month of thirty days, unless it refers to a specific
or by any applicable statute: calendar month in which case it shall be computed
• the day of the act or event from which the designated according to the number of days the specific month
period of time begins to run is to be excluded and contains; "day", to a day of twenty-four hours and;
• the date of performance included. • "night" from sunrise to sunset.
Calendar month. A calendar month is "a month designated in
If the last day of the period, as thus computed, falls on a: the calendar without regard to the number of days it may
1. Saturday, contain.
2. a Sunday, or • It is the period of time running from the beginning of
3. a legal holiday a certain numbered day up to, but not including, the
in the place where the court sits, the time shall not run until corresponding numbered day of the next month, and if
the next working day. Section 1, Rule 22 there is not a sufficient number of days in the next
month, then up to and including the last day of that
Effect of Interruption. Should an act be done which month.
effectively interrupts the running of the period, the allowable • To illustrate, one calendar month from December 31,
period after such interruption shall start to run on the day after 2007 will be from January 1, 2008 to January 31,
notice of the cessation of the cause thereof. The day of the act 2008; one calendar month from January 31, 2008 will
that caused the interruption shall be excluded in the be from February 1, 2008 until February 29, 2008.
computation of the period. Section 2, Rule 22
Ruling. We therefore hold that respondent's petition (filed on
CIR v Primetown, Inc. April 14, 2000) was filed on the last day of the 24th calendar
Primetown submitted its final adjusted return on April 14, month from the day respondent filed its final adjusted return.
1998. It filed a petition for review before the CTA [regarding Hence, it was filed within the reglementary period.
its request for refund because it payed taxes despite incurring
losses] on April 14, 2000 but the CTA dismissed it for being
filed beyond the 2-year prescriptive period. According to the
CTA, Section 13 of the NCC provides that 1 year is 365 days
and therefore 2 years is 730 days. Since the petition was filed
731 days [note that year 2000 was a leap year] after it
submitted its final adjusted return, it was already late.
Correct? No.

RULE 23: depositions pending actions ad majorem dei gloriam CIVIL PROCEDURE
RULE 23: 3. Nature; 3. that the witness is unable to attend or testify because
4. Custody; of age, sickness, infirmity, or imprisonment; or
Depositions Pending Actions 5. Condition; 4. that the party offering the deposition has been unable
6. Location of any books, documents, or other tangible to procure the attendance of the witness by subpoena;
Section 1, Rule 23 things; and or
Definition. A deposition is the taking of the testimony of any 7. The identity and location of persons having 5. upon application and notice, that such exceptional
person, whether he be a party or not, but at the instance of a knowledge of relevant facts. circumstances exist as to make it desirable, in the
party to the action. This testimony is taken out of court. interest of justice and with due regard to the
Section 3, Rule 23 importance of presenting the testimony of witnesses
Deposition may either be: Examination and Cross-Examination. Examination and orally in open court, to allow the deposition to be
1. An oral examination; or cross-examination of deponents may proceed as permitted at used; and
2. Written interrogatories the trial under Sections 3 to 18 of Rule 132. d. If only part of a deposition is offered in evidence by a
When available. party, the adverse party may require him or her to
Section 4, Rule 23 introduce all of it which is relevant to the part introduced,
1. During a pending action (Rule 23) – deposition de
Use of Depositions. At the trial or upon the hearing of a and any party may introduce any other parts.
benne ess; or
motion or an interlocutory proceeding, any part or all of a
2. Before action or Pending appeal (Rule 24) –
deposition in perpetuam rei memoriam deposition, so far as admissible under the rules of evidence, Section 5, Rule 23
may be used against any party who was present or represented Effect of Substitution of Parties. Substitution of parties does
Depositions Pending Action, When May be Taken. Upon at the taking of the deposition or who had due notice thereof, not affect the right to use depositions previously taken; and,
ex parte motion of a party, the testimony of any person may in accordance with any one of the following provisions: when an action has been dismissed and another action
be taken by deposition. The attendance of witnesses may be a. Any deposition may be used by any party for the purpose involving the same subject is afterward brought between the
compelled by the use of a subpoena as provided in Rule 21. of contradicting or impeaching the testimony of the same parties or their representatives or successors in interest,
deponent as a witness; all depositions lawfully taken and duly filed in the former
Deposition of prisoners. The deposition of a person confined b. The deposition of a party or of any one who at the time of
in prison may be taken only by leave of court on such terms as action may be used in the latter as if originally taken therefor.
taking the deposition was an officer, director, or managing
the court prescribes. agent of a public or private corporation, partnership, or
association which is a party may be used by an adverse Section 6, Rule 23
party for any purpose; Objections to Admissibility. Subject to the provisions of Sec.
Section 2, Rule 23
c. The deposition of a witness, whether or not a party, may 29, Rule 23, objection may be made at the trial or hearing to
Scope of Examination.
be used by any party for any purpose if the court finds:
Scope of the examination of the deponent receiving in which would require the exclusion of the
1. that the witness is dead; or evidence if the witness were then present and testifying.
Unless otherwise ordered by the court as provided by Sec. 16 2. that the witness resides at a distance more than one
or 18, Rule 23, the deponent may be examined regarding any hundred (100) kilometers from the place of trial or Section 7, Rule 23
matter, not privileged, which is relevant to the subject of the hearing, or is out of the Philippines, unless it appears Effect of Taking Depositions. A party shall not be deemed to
pending action, whether relating to the claim or defense of any that his or her absence was procured by the party make a person his or her own witness for any purpose by
other party, including the: offering the deposition; or taking his or her deposition.
1. Existence;
2. Description;
Section 8, Rule 23 b. Before such person or officer as may be appointed
Effect of Using Depositions by commission or letters rogatory; or
General Rule: Taking of the deposition of a person does not c. Any person authorized to administer oaths, as Section 15, Rule 23
make that person a witness of the party using his deposition stipulated by the parties in writing Section 14, Requirement before taking deposition upon oral
(Riano, 2014) Rule 23 examination. A party desiring to take the deposition of any
person upon oral examination shall give reasonable notice in
Exception: The introduction of the deposition, or any part Section 12, Rule 23 writing to every other party to the action.
thereof, makes the deponent the witness of the party Commission or Letters Rogatory. A commission or letters
introducing the deposition Section 8, Rule 23 rogatory shall be issued only when necessary or convenient, Contents of the notice. The notice shall state the time and
on application and notice, and on such terms and with such place for taking the deposition and the name and address of
Exception to the exception: Introduction of deposition does direction as are just and appropriate. Officers may be each person to be examined, if known, and if the name is not
not make the deponent his witness: designated in notices or commissions either by name or known, a general description sufficient to identify him or the
1. If the deposition is used for impeaching or descriptive title and letters rogatory may be addressed to the particular class or group to which he belongs.
contradicting the deponent Section 8, Rule 23); or appropriate judicial authority in the foreign country.
2. If the adverse party uses the deposition of the other NOTE: On motion of any party upon whom the notice is
party [Sec. 4(b), Rule 23] Section 13, Rule 23 served, the court may for cause shown enlarge or shorten the
Disqualifications of a deposition officer time.
1. One who is related to the deponent within the 6th
Section 9, Rule 23 degree of consanguinity or affinity;
Rebutting Deposition. At the trial or hearing, any party may 2. An employee or attorney of one of the parties; Section 16, Rule 23
rebut any relevant evidence contained in a deposition whether When the Court may order for the protection of parties
3. One who is related to the attorney of the deponent
introduced by him or her or by any other party. and deponents. After notice is served for taking a deposition
within the same degree or employee of such
by oral examination, upon motion seasonably made by any
attorney; and
Persons before Whom Depositions May be Taken party or by the person to be examined and for good cause
4. One who is financially interested in the action Section
Persons before whom deposition may be taken 13, Rule 23)
shown, the court in which the action is pending may make
orders for the protection of parties and deponents.
1. If within the Philippines
Section 14, Rule 23
a. Judge; Orders for the protection of parties and deponents
Stipulations Regarding Taking of Depositions. If the parties
b. Notary public Section 10, Rule 23); or so stipulate in writing, depositions may be taken before any
a. That the deposition shall not be taken;
c. Any person authorized to administer oaths, as b. That the deposition may be taken only at some designated
person authorized to administer oaths, at any time or place, in
stipulated by the parties in writing Section 14, place other than that stated in the notice;
accordance with these Rules, and when so taken may be used
Rule 23 c. That the deposition may be taken only on written
like other depositions.
2. If outside the Philippines interrogatories;
a. On notice, before a secretary of embassy or d. That certain matters shall not be inquired into;
The parties may stipulate in writing as to the person
legation, consul-general, consul, vice-consul, or e. That the scope of the examination shall be held with no
authorized to administer oaths, as to the time and place, but
consular agent of the Philippines Section 11, Rule one present except the parties to the action and their
not as to the manner of taking depositions which should be in
23); or officers or counsel;
accordance with the rules (Feria & Noche, 2013
f. That after being sealed the deposition shall be opened to the officers, who shall propound them to the witness and Submission to Witness. When the testimony is fully
only by order of the court; record the answers verbatim. transcribed, the deposition shall be submitted to the witness
g. That secret processes, developments, or research need not for examination and shall be read to or by him or her, unless
be disclosed; or Grounds for termination of deposition or limiting the such examination and reading are waived by the witness and
h. That the parties shall simultaneously file specified scope of examination. At any time during the taking of the by the parties.
documents or information enclosed in sealed envelopes to deposition, on motion or petition of any party or of the
be opened as directed by the court. deponent, and upon showing that the examination is Changes which the deponent desire to make. Any changes
conducted in: in form or substance shall be entered upon the deposition by
The court may make any other order which justice requires to 1. Bad faith the officer with a statement of the reasons given by the
protect the party or witness from annoyance, embarrassment, 2. Such manner as unreasonably to annoy, embarrass, or witness for making them.
or oppression. oppress the deponent party Section 18, Rule 23); or
3. When the constitutional privilege against self- Necessity of signing deposition
Section 17, Rule 23 incrimination is invoked by deponent or his counsel.
Record of Examination. The officer before whom the General Rule: It shall be signed by the witness.
If the order made terminates the examination, it shall be
deposition is to be taken shall put the witness on oath and
resumed thereafter only upon the order of the court in which Exceptions:
shall personally, or by someone acting under his or her the action is pending. Upon demand of the objecting party or 1. Parties by stipulation waive the signing;
direction and in his or her presence, record the testimony of deponent, the taking of the deposition shall be suspended for 2. Witness is ill;
the witness. The testimony shall be taken stenographically the time necessary to make a notice for an order. In granting 3. Witness cannot be found; or
unless the parties agree otherwise. or refusing such order, the court may impose upon either party 4. Witness refuses to sign
or upon the witness the requirement to pay such costs or
Objections to be noted by the officer upon the deposition expenses as the court may deem reasonable Section 18, Rule NOTE: If the witness does not sign the deposition, the officer
All objections made at the time of the examination to the: 23 shall sign it and state on the record the fact of the waiver or of
1. Qualifications of the officer taking the deposition; the illness or absence of the witness or the fact of refusal to
2. Manner of taking the deposition; Protection Order Section Motion to Terminate or sign together with the reason given therefor, if any, and the
3. Evidence presented; 16, Rule 23) Limit Examination Section deposition may then be used as fully as though signed, unless
4. Conduct of any party; or 18, Rule 23) on a motion to suppress under Sec. 29(f), Rule 23, the court
5. Any other objection to the proceedings Provides protection to the Provides protection during holds that the reasons given for the refusal to sign require
party or witness before the the taking of deposition. rejection of the deposition in whole or in part.
shall be noted by the officer upon the deposition. Evidence taking of deposition.
objected to shall be taken subject to the objections. The Motion is filed with the Motion or petition is filed Section 20, Rule 23
court in which the action is with the court in which the Certification and Filing by Officer. The officer shall certify
NOTE: A deposition officer has no authority to rule on the pending. action is pending or the on the deposition that the witness was duly sworn to by him or
objection. Evidence objected to shall be taken subject to the RTC of the place where the her and that the deposition is a true record of the testimony
objection, which will be ruled upon by the court when the deposition is being taken.
given by the witness. He or she shall then securely seal the
deposition is offered in evidence (Feria & Noche, 2013 deposition in an envelope indorsed with the title of the action
Section 19, Rule 23 and marked "Deposition of (here insert the name of witness)"
Option of parties in lieu of participating in the oral and shall promptly file it with the court in which the action is
examination. The parties may transmit written interrogatories
pending or send it by registered mail to the clerk thereof for the officer before whom the deposition is to be taken. Within and for good cause shown, may make any order specified in
filing. ten (10) calendar days thereafter, a party so served may serve Sections 15, 16 and 18 of this Rule which is appropriate and
cross-interrogatories upon the party proposing to take the just or an order that the deposition shall not be taken before
Section 21, Rule 23 deposition. Within five (5) calendar days thereafter the latter the officer designated in the notice or that it shall not be taken
Notice of Filing. The officer taking the deposition shall give may serve re-direct interrogatories upon a party who has except upon oral examination.
prompt notice of its filing to all the parties. served cross-interrogatories. Within three (3) calendar days
after being served with re-direct interrogatories, a party may Section 29, Rule 23
Section 22, Rule 23 serve recross-interrogatories upon the party proposing to take Effect of Errors and Irregularities in Depositions.
the deposition.
Period to furnish a copy of the deposition to any party or a) As to notice. — All errors and irregularities in the
to the deponent. The officer shall furnish a copy of the NB: The duties of the officer under Secs. 17, 19, 20, 21 & 22 notice for taking a deposition are waived unless
deposition to any party or to the deponent upon payment of of Rule 23 shall also be followed on deposition upon written written objection is promptly served upon the party
reasonable charges therefor. interrogatories. giving the notice.
b) As to disqualification of officer. — Objection to
Section 23, Rule 23 Section 26, Rule 23 taking a deposition because of disqualification of the
Consequence of failure to attend of the party giving notice. Officers to Take Responses and Prepare Record. A copy of officer before whom it is to be taken is waived unless
The court may order the party giving the notice to pay such the notice and copies of all interrogatories served shall be made before the taking of the deposition begins or as
other party the amount of the reasonable expenses incurred by delivered by the party taking the deposition to the officer soon thereafter as the disqualification becomes known
him and his counsel in so attending, including reasonable designated in the notice, who shall proceed promptly, in the or could be discovered with reasonable diligence.
attorney’s fees. manner provided by Sections 17, 19 and 20 of this Rule, to c) As to competency or relevancy of evidence. —
take the testimony of the witness in response to the Objections to the competency of a witness or the
Section 24, Rule 23 interrogatories and to prepare, certify, and file or mail the competency, relevancy, or materiality of testimony
Consequence of failure of a party giving notice to serve deposition, attaching thereto the copy of the notice and the are not waived by failure to make them before or
subpoena. If because of such failure, the witness does not interrogatories received by him or her. during the taking of the deposition, unless the ground
attend, and if another party attends in person or by counsel of the objection is one which might have been
because he expects the deposition of that witness to be taken, Section 27, Rule 23 obviated or removed if presented at that time.
the court may order the party giving the notice to pay to such Notice of Filing and Furnishing Copies. When a deposition d) As to oral examination and other particulars. —
other party the amount of the reasonable expenses incurred by upon interrogatories is filed, the officer taking it shall Errors and irregularities occurring at the oral
him and his counsel in so attending, including reasonable promptly give notice thereof to all the parties and may furnish examination in the manner of taking the deposition, in
attorney’s fees. copies to them or to the deponent upon payment of reasonable the form of the questions or answers, in the oath or
charges therefor. affirmation, or in the conduct of the parties and errors
Section 25, Rule 23 of any kind which might be obviated, removed, or
Deposition upon Written Interrogatories. A party desiring Section 28, Rule 23 cured if promptly prosecuted, are waived unless
to take the deposition of any person upon written Orders for the Protection of Parties and Deponents. After reasonable objection thereto is made at the taking of
interrogatories shall serve them upon every other party with a the service of the interrogatories and prior to the taking of the the deposition.
notice stating the name and address of the person who is to testimony of the deponent, the court in which the action is e) As to form of written interrogatories. — Objections to
answer them and the name or descriptive title and address of pending, on motion promptly made by a party or a deponent, the form of written interrogatories submitted under
Sections 25 and 26 of this Rule 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 under Sections 17,
19, 20 and 26 of this Rules 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.

RULE 24: depositions before action/ pending appeal ad majorem dei gloriam CIVIL PROCEDURE
RULE 24: party, together with a copy of the petition, stating that the proceedings in the said court. In such case the party who
petitioner will apply to the court, at a time and place named desires to perpetuate the testimony may make a motion in the
Depositions before Action or Pending therein, for the order described in the petition. At least 20 said court for leave to take the depositions, upon the same
Appeal calendar days before the date of the hearing, the court shall notice and service thereof as if the action was pending therein.
cause notice thereof to be served on the parties and The motion shall state
prospective deponents in the manner provided for service of a. the names and addresses of the persons to be
Section 1, Rule 24 summons. examined and the substance of the testimony which
Depositions before Action. A person who desires to he or she expects to elicit from each; and
perpetuate his or her own testimony or that of another person Section 4, Rule 24 b. the reason for perpetuating their testimony.
regarding any matter that may be cognizable in any court of Order and Examination. If the court is satisfied that the
the Philippines, may file a verified petition in the court of the perpetuation of the testimony may prevent a failure or delay If the court finds that the perpetuation of the testimony is
place of the residence of any expected adverse party. of justice, it shall make an order designating or describing the proper to avoid a failure or delay of justice, it may make an
persons whose deposition may be taken and specifying the order allowing the depositions to be taken, and thereupon the
Section 2, Rule 24 subject matter of the examination and whether the depositions depositions may be taken and used in the same manner and
Contents of Petition. The petition shall be entitled in the shall be taken upon oral examination or written under the same conditions as are prescribed in these Rules for
name of the petitioner and shall show: interrogatories. The depositions may then be taken in depositions taken in pending actions.
a. that the petitioner expects to be a party to an action in accordance with Rule 23 before the hearing.
a court of the Philippines but is presently unable to Use of deposition pending appeal. Depositions are taken
bring it or cause it to be brought; Section 5, Rule 24 pending appeal with the view to their being used in the event
b. the subject matter of the expected action and his or Reference to Court. For the purpose of applying Rule 23 to of further proceeding in the court of origin or appellate court.
herinterest therein; depositions for perpetuating testimony, each reference therein
c. the facts which he or shedesires to establish by the to the court in which the action is pending shall be deemed to
proposed testimony and his or her reasons for desiring refer to the court in which the petition for such deposition was
to perpetuate it; filed.
d. the names or a description of the persons he or she
expects will be adverse parties and their addresses so Section 6, Rule 24
far as known; and Use of Deposition. The deposition taken under Rule 24 is
e. the names and addresses of the persons to be admissible in evidence in any action subsequently brought
examined and the substance of the testimony which involving the same subject matter
he or she expects to elicit from each
and shall ask for an order authorizing the petitioner to take the Section 7, Rule 24
depositions of the persons to be examined named in the Depositions Pending Appeal. If an appeal has been taken
petition for the purpose of perpetuating their testimony. from a judgment of a court, including the Court of Appeals in
proper cases, or before the taking of an appeal if the time
Section 3, Rule 24 therefor has not expired, the court in which the judgment was
Notice and Service. The petitioner shall serve a notice upon rendered may allow the taking of depositions of witnesses to
each person named in the petition as an expected adverse perpetuate their testimony for use in the event of further
RULE 25: INTERROGATORIES TO PARTIES ad majorem dei gloriam CIVIL PROCEDURE
RULE 25: Interrogatories to NB: No party may, without leave of court, serve more than
Parties Section one set of interrogatories to be answered by the same party
Interrogatories to Parties 25, Rule 23) Section 4, Rule 25
Deponent Party or ordinary Party only
witness
Purpose of interrogatories to parties. The framers of the How to answer interrogatories. The interrogatories shall be
Procedure With intervention No intervention.
new court rules intended that the rules should provide ample answered fully in writing and shall be signed and sworn to by
of the officer Written
facilities for discovery of facts before trial so that surprise at authorized by interrogatories are the person making them. The party upon whom the
the trial and possible miscarriage of justice might be avoided. court to take directed to the interrogatories have been served shall file and serve a copy of
A purpose of this rule was to obtain admissions and thus limit deposition party himself. the answers on the party submitting the interrogatories within
subjects of controversy at trial and avoid unnecessary Not served upon 15 days after service thereof, unless the court, on motion and
testimony and waste of time in preparation (Feria & Noche, the adverse party Served directly for good cause shown, extends or shortens the time. (Section
2013 directly. They are upon the adverse 2, Rule 25)
instead delivered party Section 1,
NB: The answers may now be used as judicial admissions of to the officer Rule 25
the adverse party (Ibid NB: The party against whom it is directed may make
before whom the objections to the interrogatories.
deposition is to be
Interrogatories vs. Bill of particulars taken Section
Interrogatories Bill of Particulars Section 3, Rule 25
Rule 23)
Interrogatories to parties are Designed to clarify Objections to the interrogatories. Objections shall be
Scope Direct, cross, Only one set of
not directed to a particular ambiguities in a pleading or presented to the court within 10 days after service of the
redirect, re-cross interrogatories
pleading. Instead, they seek to state with sufficient interrogatories. The filing of the objections shall have the
Interrogatories No fixed time 15 days to answer
to disclose all material and definiteness allegations in a unless extended effect of deferring the filing and service of the answer to the
relevant facts from a party pleading. It is therefore or reduced by the interrogatories until the objections are resolved, which shall
Section 1, Rule 25 directed to a pleading court be at as early a time as is practicable.
Section1, Rule 12
Binding Effect Binding to Binding only to
A party may properly seek A party may properly seek anyone who is the parties. Necessity of leave of court before a party may be served
disclosure of matters of disclosure only of matters present during the with written interrogatories. It is necessary before answer
proof which may later be which define the issues and deposition. has been served because, at that time, the issues are not yet
made a part of the records of become a part of the
joined and the disputed facts are not yet clear. However, it is
evidence. pleadings.
Procedure in taking interrogatories. The mode of discovery not necessary after answer has been served, for the first set of
NB: If a motion to a bill of particulars is denied, it will not bar is availed of by filing and serving upon the adverse party interrogatories.
the party to avail of modes of discovery. written interrogatories to be answered by the party served. If
the party is a juridical entity, it shall be answered by any of its Section 5, Rule 25
Depositions upon written interrogatories under Sec. 25, officers competent to testify in its behalf Section 1, Rule 25 Scope and use of interrogatories. Interrogatories may relate
Rule 23 vs. Interrogatories to parties under Rule 25 The interrogatories shall be answered fully in writing and to any matters that can be inquired into under Sec. 2 of Rule
shall be signed and sworn to by the person making them. 23, and the answers may be used for the same purposes
Depositions Upon Interrogatories to (Section 2, Rule 25) provided in Sec. 4 of the same Rule.
Written Parties (Rule 25)
RULE 25: INTERROGATORIES TO PARTIES ad majorem dei gloriam CIVIL PROCEDURE
Section 6, Rule 25
General Rule: A party not served with written interrogatories

may not be compelled by the adverse party to give testimony
in open court, or to give a deposition pending appeal.
Exception: When allowed by the court and there is good

cause shown and the same is necessary to prevent a failure of
justice.

RULE 26: ADMISSION BY ADVERSE PARTY majorem dei gloriam CIVIL PROCEDURE
RULE 26: CA, G.R. No. 101682, December 14, 1992
Admission by Adverse Party Period within which to answer request for admission.
Under the Rules, each of the matters of which an admission is
requested shall be deemed admitted unless within a period
Matters requested to be admitted by the adverse party designated in the request which shall not be less than 15 days
1. Genuineness of any material and relevant document after service thereof, or within such further time as the court
described in and exhibited with the request; or may allow on motion, the party to whom the request is
2. Truth of any material and relevant matter of fact set directed files and serves upon the party requesting the
forth in the request Section 1, Rule 26 admission a sworn statement either denying specifically the
matter of which an admission is requested or setting forth in
The answer to a request for admission properly served which detail the reason why he cannot truthfully either admit or deny
was signed and sworn to by the counsel of the party so those matters Section 2, Rule 26
requested is sufficient compliance with this rule, especially in
the light of counsel’s authority under Secs. 21 and 23, Rule Section 3, Rule 26
138 (Nestle Philippines, Inc. v. CA
Effect of admission. Any admission made by a party pursuant
to such request is for the purpose of the pending action only
When request for admission is made. At any time after
issues have been joined, a party may file and serve upon any and shall not constitute an admission by him or her for any
other party a written request for the admission by the latter other purpose nor may the same be used against him or her in
Section 1, Rule 26 any other proceeding.
Responses to a request for admission. When the party to Section 4, Rule 26

whom the request is directed files and serves upon the party Withdrawal of admission. The court may allow the party
requesting the admission a sworn statement either denying making an admission under this Rule, whether express or
specifically the matters of which an admission is requested or implied, to withdraw or amend it upon such terms as may be
setting forth in detail the reasons why he cannot truthfully just.
either admit or deny those matters Section 2, Rule 26
Section 5, Rule 26
Implied Admission by Adverse Party
Effect of Failure to File and Serve Request for Admission.
Unless otherwise allowed by the court for good cause shown
General Rule: Each of the matters of which an admission is
and to prevent a failure of justice, a party who fails to file and
requested shall be deemed admitted.
serve a request for admission on the adverse party of material
Exception: The request for admission must be served directly and relevant facts at issue which are, or ought to be, within the
upon the party; otherwise, the party to whom the request is personal knowledge of the latter, shall not be permitted to
directed cannot be deemed to have admitted the genuineness present evidence on such facts.
of any relevant document described in and exhibited with the
request or relevant matters of fact set forth therein on account
of failure to answer the request for admission (Briboneria v.

RULE 27: production or inspection ad majorem dei gloriam CIVIL PROCEDURE
RULE 27: production or inspection of documents and things and
the motion must show good cause supporting the
Production or Inspection of Documents same; and
2. The order shall specify the time, place and manner of
or Things making the inspection and taking copies and
photographs, and may prescribe such terms and
Court order under this mode of discovery conditions as are just Section 1, Rule 27
Upon motion of any party showing good cause therefor, the
court in which an action is pending may order any party to:
1. Produce and permit the inspection and copying or
photographing, by or on behalf of the moving party,
or of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible
things, not privileged, which constitute or contain
evidence material to any matter involved in the action
and which are in his possession, custody or control; or
2. Permit entry upon designated land or other property in
his possession or control for the purpose of
inspecting, measuring, surveying, or photographing
the property or any designated relevant object or
operation thereon Section 1, Rule 27
Limitations on the request for production or inspection of
documents or things
1. Should not be privileged;
NB: On the ground of public policy, the rules
providing for production and inspection of books and
papers do not authorize the production or inspection
of privileged matter; that is books and papers which,
because of their confidential and privileged character,
could not be received in evidence (Riano, 2014
2. Should constitute or contain evidence material to any
matter involved in the action and which are in his (the
party ordered) possession, custody, or control Section
1, Rule 27); and
3. In the petition, the papers and documents to be
produced must be sufficiently described.
Procedure to avail of the production or inspection of

documents or things
1. A motion must be filed by the party seeking the

RULE 28: physical and mental examination of persons ad majorem dei gloriam CIVIL PROCEDURE
RULE 28: or thereafter made, of the same mental or physical
condition Section 3, Rule 28
Physical and Mental Examination of Effect if the party examined requests and obtains a report
Persons on the results of the examination
1. He has to furnish the other party a copy of the report
of any previous or subsequent examination of the
When available. It may be ordered in an action in which the same physical and mental condition Section 3, Rule
physical or mental condition of a party is in controversy 28);
Section 1, Rule 28 2. He waives any privilege he may have in that action or
any other involving the same controversy regarding
Examples: the testimony of every other person who has so
1. An action for annulment of a contract where the examined or may thereafter examine him Section 4,
ground relied upon is insanity; Rule 28
2. A petition for guardianship of a person alleged to be
insane; or Effect of refusal to deliver the report. If a party refuses to
3. An action to recover damages for personal injury deliver the report upon request to the person causing the
where the issue is the extent of the injuries of the examination to be made, the court may require its delivery on
plaintiff (Riano, 2014 such terms as are just.
Procedure to avail physical and mental examination of If the physician refuses or fails to make a report, the court
persons may exclude his testimony Section 3, Rule 28
1. A motion must be filed showing good cause for the
examination, with notice to the other parties as well
aside from the party to be examined Section 2, Rule
28);
2. The motion shall specify the time, place, manner,
conditions and scope of the examination and by the
person/s by whom it is made Section 2, Rule 28);
3. The party examined may request the party causing the
examination to be made to deliver to him a copy of a
detailed written report of the examining physician
setting out his findings and conclusions Section 3,
Rule 28); and
4. The party causing the examination to be made shall be
entitled upon request to receive from the party
examined a like report of any examination, previously

RULE 29: refusal to comply with modes of discovery ad majorem dei gloriam CIVIL PROCEDURE
RULE 29: 3. If any party or an officer or managing agent of a party 4. Designated facts shall be taken to be established for
refuses to obey an order made under Sec. 1 of this Rule the purposes of the action in accordance with the
Refusal to Comply with Modes of requiring him to answer designated questions, or an order claim of the party obtaining the order.
under Rule 27 to produce any document or other thing for 5. Dismiss the action or the proceeding;
Discovery inspection, copying, or photographing or to permit it to be 6. Render a Judgment by default against the disobedient
done, or to permit entry upon land or other property, or an party;
Consequences of refusal to answer order made under Rule 28 requiring him to submit to a
7. Refuse to allow the disobedient party to support or
1. If a party or other deponent refuses to answer any physical or mental examination, the court may make such
oppose claims or defenses;
orders in regard to the refusal as are just, and among
question upon oral examination, the examination may be 8. Strike out all or any part of the pleading of the
others the following:
completed on other matters or adjourned as the proponent disobedient party;
a. An order that the matters regarding which the
of the question may prefer. The proponent may thereafter questions were asked, or the character or description 9. Stay further proceedings until order is obeyed; or
apply to the proper court of the place where the deposition of the thing or land, or the contents of the paper, or 10. Order the arrest of the refusing party.
is being taken, for an order to compel an answer. The the physical or mental condition of the party, or any
same procedure may be availed of when a party or a other designated facts shall be taken to be established Refusal to produce document or thing for inspection,
witness refuses to answer any interrogatory submitted for the purposes of the action in accordance with the copying or photographing
under Rules 23 or 25. claim of the party obtaining the order;
b. An order refusing to allow the disobedient party to 1. Designated facts shall be taken to be established for
If the application is granted, the court shall require the support or oppose designated claims or defenses or the purposes of the action in accordance with the
refusing party or deponent to answer the question or prohibiting him from introducing in evidence claim of the party obtaining the order;
interrogatory and if it also finds that the refusal to answer designated documents or things or items of testimony, 2. Refuse to allow the disobedient party to support or
was without substantial justification, it may require the or from introducing evidence of physical or mental oppose claims or defenses;
refusing party or deponent or the counsel advising the condition; 3. Strike out all or any part of the pleading of the
refusal, or both of them, to pay the proponent the amount c. An order striking out pleadings or parts thereof, or 4. disobedient party;
of the reasonable expenses incurred in obtaining the order, staying further proceedings until the order is obeyed, 5. Dismiss the action or the proceeding;
including attorney’s fees. or dismissing the action or proceeding or any part 6. Render a Judgment by default against the disobedient
thereof, or rendering a judgment by default against the party;
If the application is denied and the court finds that it was disobedient party; 7. Stay further proceedings until order is obeyed;
filed without substantial justification, the court may d. In lieu of any of the foregoing orders or in addition 8. Render a Judgment by default against the disobedient
require the proponent or the counsel advising the filing of thereto, an order directing the arrest of any party or party; or
the application, or both of them, to pay to the refusing agent of a party for disobeying any of such orders 9. Order the arrest of the refusing party.
party or deponent the amount of the reasonable expenses except an order to submit to a physical or mental
incurred in opposing the application, including attorney’s examination Section 3, Rule 29 Refusal to submit to Physical or Mental examination
fees Section 1, Rule 29
Refusal to Answer (Section 1, Rule 29) 1. Designated facts shall be taken to be established for
2. If a party or other witness refuses to be sworn or refuses the purposes of the action in accordance with the
to answer any question after being directed to do so by the 1. Order to compel an answer; claim of the party obtaining the order;
court of the place in which the deposition is being taken, 2. Contempt;
2. Prohibit the disobedient party to introduce evidence of
the refusal may be considered a contempt of that court 3. Require payment of reasonable fees incurred by the
Section 2, Rule 29 physical and mental conditions;
proponent;
RULE 29: refusal to comply with modes of discovery ad majorem dei gloriam CIVIL PROCEDURE
3. Strike out all or any part of the pleading of the
disobedient party;
4. Dismiss the action or the proceeding;
5. Render a Judgment by default against the disobedient
party;
6. Stay further proceedings until order is obeyed; or
7. Render a Judgment by default against the disobedient
party.
Refusal to the request for admission by adverse party

1. Require payment of reasonable fees incurred by the
proponent (Secs. 1-4); and
2. Each of the matters of which an admission is
requested is deemed admitted Section 5, Rule 26
NB: The remedy of the party, in this case, is to file a motion
to be relieved of the consequences of the implied admission.
The amendment of the complaint per se cannot set aside the
legal effects of the request for admission since its materiality
has not been affected by the amendment.

RULE 30: TRIal ad majorem dei gloriam CIVIL PROCEDURE
RULE 30 evidence of all parties shall be terminated within a 2. Friday is motion day. Hearing on motions shall be
period of ten (10) months or three hundred (300) held on Fridays, pursuant to Section 8, Rule 15.
TRIAL calendar days. If there are no third (fourth, etc.)-party
claim, counterclaim or cross-claim, the presentation All courts shall ensure the posting of their court calendars
Section 1. Schedule of trial. The parties shall strictly observe of evidence shall be terminated within a period of six outside their courtrooms at least one (1) day before the
the scheduled hearings as agreed upon and set forth in the pre- (6) months or one hundred eighty (180) calendar days. scheduled hearings, pursuant to OCA Circular No. 250-2015.
trial order c. Service of decision. The court shall decide and serve
a. The schedule of the trial dates, for both plaintiff and copies of its decision to the parties within a period not Section 5. Order of trial. Subject to the provisions of Section
defendant, shall be continuous and within the exceeding ninety (90) calendar days from the 2 of Rule 31, and unless the court for special reasons
following periods: submission of the case for resolution, with or without otherwise directs, the trial shall be limited to the issues stated
i. Plaintiff; 90 days. The initial presentation of memoranda. in the pre-trial order and shall proceed as follows:
plaintiff's evidence shall be set not later than a. The plaintiff shall adduce evidence in support of his
thirty (30) calendar days after the termination Section 2. Adjournments and postponements. A court may or her complaint;
of the pre-trial conference. Plaintiff shall be adjourn a trial from day to day, and to any stated time, as the b. The defendant shall then adduce evidence in support
allowed to present its evidence within a expeditious and convenient transaction of business may of his or her defense, counterclaim, cross-claim and
period of three (3) months or ninety (90) require, but shall have no power to adjourn a trial for a longer third-party complaint;
calendar days which shall include the date of period than one month for each adjournment, nor more than c. The third-party defendant, if any, shall adduce
the judicial dispute resolution, if necessary; three months in all, except when authorized in writing by the evidence of his or her defense, counterclaim, cross-
ii. Defendant; 90 days. The initial presentation Court Administrator, Supreme Court. claim and fourth-party complaint;
of defendant's evidence shall be set not later • The party who caused the postponement is warned d. The fourth-party, and so forth, if any, shall adduce
than thirty (30) calendar days after the court's that the presentation of its evidence must still be evidence of the material facts pleaded by them;
ruling on plaintiff's formal offer of evidence. terminated on the remaining dates previously agreed e. The parties against whom any counterclaim or cross-
The defendant shall be allowed to present its upon. (2a) claim has been pleaded, shall adduce evidence in
evidence within a period of three (3) months support of their defense, in the order to be prescribed
or ninety (90) calendar days; Section 3. Requisites of motion to postpone trial for illness by the court;
iii. 3rd party claim; 90 days. The period for the of party or counsel. A motion to postpone a trial on the f. The parties may then respectively adduce rebutting
presentation of evidence on the third (fourth, ground of illness of a party or counsel may be granted if it evidence only, unless the court, for good reasons and
etc.)-party claim, counterclaim or cross-claim appears upon affidavit or sworn certification: in the furtherance of justice, permits them to adduce
shall be determined by the court, the total of 1. that the presence of such party or counsel at the trial is evidence upon their original case; and
which shall in no case exceed ninety (90) indispensable and g. When case deemed submitted for decision. Upon
calendar days; and 2. that the character of his or her illness is such as to admission of the evidence, the case shall be deemed
iv. Rebuttal evidence; 30 days. If deemed render his or her non-attendance excusable. submitted for decision, unless the court directs the
necessary, the court shall set the presentation parties to argue or to submit their respective
of the parties' respective rebuttal evidence, Section 4. Hearing days and calendar call. memoranda or any further pleadings. If several
which shall be completed within a period of 1. Trial; M-Th. Trial shall be held from Monday to defendants or third-party defendants, and so forth,
thirty (30) calendar days. Thursday, and courts shall call the cases at exactly having separate defenses appear by different counsel,
b. Trial dates may be shortened. The trial dates may 8:30 a.m. and 2:00 p.m., pursuant to Administrative the court shall determine the relative order of
be shortened depending on the number of witnesses to Circular No. 3-99. presentation of their evidence.
be presented, provided that the presentation of

RULE 30: TRIal ad majorem dei gloriam CIVIL PROCEDURE
Section 6. Oral offer of exhibits. The delegate the reception of evidence to its clerk of court
1. offer of evidence, who is a member of the bar.
2. the comment or objection thereto, and • The clerk of court shall have no power to rule on
3. the court ruling objections to any question or to the admission of
shall be made orally in accordance with Sections 34 to 40 of exhibits, which objections shall be resolved by the
Rule 132. court upon submission of his or her report and the
transcripts within ten (10) calendar days from
Section 7. Agreed statement of facts. The parties to any termination of the hearing.
action may agree, in writing, upon the facts involved in the
litigation, and submit the case for judgment on the facts Yu v Mapayo
agreed upon, without the introduction of evidence.
• If the parties agree only on some of the facts in issue, Y filed a complaint against M for the collection of a sum of
the trial shall be held as to the disputed facts in such money. M, in his answer, admitted the transaction and raised
order as the court shall prescribe. special defenses which he was unable to prove. The CFI later
dismissed the case for lack of prosecution because plaintiff’s
Section 8. Suspension of actions. The suspension of actions counsel did not present evidence when required to do so by
shall be governed by the provisions of the Civil Code and the court. Proper? NO.
other laws.
Admissions made by the parties do not require proof.The
Article 2030 of the NCC. Every civil action or proceeding SC ruled in favor of Y. Since the answer admitted defendant's
shall be suspended: obligation as stated in the complaint, albeit special defenses
1. If willingness to discuss a possible compromise is were pleaded, plaintiff had every right to insist that it was for
expressed by one or both parties; or defendant to come forward with evidence in support of his
2. If it appears that one of the parties, before the special defenses. insistence that plaintiff should present proof
commencement of the action or proceeding, offered to in support of allegations that were not denied but admitted by
discuss a possible compromise but the other party
the adverse party was totally unwarranted.
refused the offer.
The duration and terms of the suspension of the civil action or
proceeding and similar matters shall be governed by such Section 2 of Revised Rule of Court 129 provides:
provisions of the rules of court as the Supreme Court shall Sec. 2. Judicial admissions.— Admissions made by the parties
promulgate. Said rules of court shall likewise provide for the in the pleadings, or in the course of the trial or other
appointment and duties of amicable compounders. proceedings do not require proof and can not be contradicted
unless previously shown to have been made through palpable
mistake.
Section 9. Judge to Receive Evidence; Delegation to Clerk
of Court. 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

RULE 31: consolidation or severance ad majorem dei gloriam CIVIL PROCEDURE
RULE 31 Case 2 deals with whether or not Unicapital may

demand payment from Consing, Jr. based on the
CONSOLIDATION OR SEVERANCE subject promissory notes.
• Clearly, a resolution in one case would have no
Section 1. Consolidation. When actions involving a common practical effect as the core issues and reliefs sought in
question of law OR fact are pending before the court each case are separate and distinct from the other.
1. it may order a joint hearing or trial of any or all the
matters in issue in the actions; Section 2. Separate Trials. The court
2. it may order all the actions consolidated; and 1. in furtherance of convenience or
3. it may make such orders concerning proceedings 2. to avoid prejudice,
therein as may tend to avoid unnecessary costs or may order a separate trial of any:
delay. 1. claim,
2. cross-claim,
Unicapital v Consing 3. counterclaim, or
4. third-party complaint, or
Purpose of consolidation; speedy and inexpensive 5. of any separate issue or
determination & avoiding conflicting decisions. It is 6. of any number of claims, crossclaims, counterclaims,
hornbook principle that when or two or more cases involve third-party complaints or issues.
the same parties and affect closely related subject matters, the
same must be consolidated and jointly tried, in order to serve
the best interest of the parties and to settle the issues between
them promptly, thus, resulting in a speedy and inexpensive
determination of cases. In addition, consolidation serves the
purpose of avoiding the possibility of conflicting decisions
rendered by the courts in two or more cases, which otherwise
could be disposed of in a single suit.
Application. In the present case, the Court observes that the

subject cases, although involving the same parties and
proceeding from a similar factual milieu, should remain
unconsolidated since they proceed from different sources of
obligations and, hence, would not yield conflicting
dispositions.
• Case 1 is an injunction and damages case based on the
Civil Code provisions on abuse of right and
defamation, while Case 2 is a collection and damages
suit based on actionable documents, i.e., the subject
promissory notes.
• In particular, Case 1 deals with whether or not
Unicapital and BPI, et al, abused the manner in which
they demanded payment from Consing, Jr., while

RULE 32: TRIAL BY COMMISSIONER ad majorem dei gloriam CIVIL PROCEDURE
RULE 32 3. may fix the date for beginning and closing the
hearings and for the filing of his or her report. Section 8. Commissioner shall avoid delays. It is the duty of
Trial by Commissioner Power of the commissioner. Subject to the specifications and the commissioner to proceed with all reasonable diligence.
limitations stated in the order, the commissioner has and shall Either party, on notice to the parties and commissioner, may
Section 1. Reference by consent. By written consent of both exercise the power to regulate the proceedings in every apply to the court for an order requiring the commissioner to
parties, the court may order any or all of the issues in a case to hearing before him or her and to do all acts and take all expedite the proceedings and to make his or her report.
be referred to a commissioner measures necessary or proper for the efficient performance of
1. to be agreed upon by the parties or his or her duties under the order. He or she may: Section 9. Report of commissioner. Upon the completion of
2. to be appointed by the court. 1. issue subpoenas and subpoenas duces tecum, the trial or hearing or proceeding before the commissioner, he
2. swear witnesses, and or she shall file with the court his or her report in writing upon
Commissioner. As used in these Rules, the word 3. unless otherwise provided in the order of reference, he the matters submitted to him or her by the order of reference.
"commissioner" includes a referee, an auditor and an or she may rule upon the admissibility of evidence. • When his or her powers are not specified or limited,
examiner. The trial or hearing before him or her shall proceed in all he or she shall set forth his or her findings of fact and
respects as it would if held before the court. conclusions of law in his or her report.
Section 2. Reference ordered on motion. When the parties • He or she shall attach thereto all exhibits, affidavits,
do not consent, the court may, upon the application of either Section 4. Oath of commissioner. Before entering upon his depositions, papers and the transcript, if any, of the
or of its own motion, direct a reference to a commissioner in or her duties the commissioner shall be sworn to a faithful and testimonial evidence presented before him or her.
the following cases: honest performance thereof.
a. When the trial of an issue of fact requires the Section 10. Notice to parties of the filing of report. Upon
examination of a long account on either side, in which Section 5. Proceedings before commissioner. Upon receipt the filing of the report, the parties shall be notified by the
case the commissioner may be directed to hear and of the order of reference unless otherwise provided therein, clerk, and they shall be allowed ten (10) calendar days within
report upon the whole issue or any specific question the commissioner shall forthwith: which to signify grounds of objections to the findings of the
involved therein; 1. set a time and place for the first meeting of the parties report, if they so desire.
b. When the taking of an account is necessary for the or their counsel to be held within ten (10) calendar • Objections not considered. Objections to the report
information of the court before judgment, or for days after the date of the order of reference and based upon grounds which were available to the
carrying a judgment or order into effect; 2. shall notify the parties or their counsel. parties during the proceedings before the
c. When a question of fact, other than upon the commissioner, other than objections to the findings
pleadings, arises upon motion or otherwise, in any Section 6. Failure of parties to appear before and conclusions therein set forth, shall not be
stage of a case, or for carrying a judgment or order commissioner. If a party fails to appear at the time and place considered by the court unless they were made before
into effect. appointed, the commissioner may the commissioner.
1. proceed ex parte or, in his or her discretion,
Section 3. Order of reference; powers of the commissioner. 2. adjourn the proceedings to a future day, giving notice Section 11. Hearing upon report. Upon the expiration of the
When a reference is made, the clerk shall forthwith furnish the to the absent party or his or her counsel of the period of ten (10) calendar days referred to in the preceding
commissioner with a copy of the order of reference. The order adjournment. section, the report shall be set for hearing, after which the
may court shall issue an order adopting, modifying, or rejecting the
1. specify or limit the powers of the commissioner, and Section 7. Refusal of witness. The refusal of a witness to report in whole or in part, or recommitting it with instructions,
2. may direct him or her to report only upon particular obey a subpoena issued by the commissioner or to give or requiring the parties to present further evidence before the
issues, or to do or perform particular acts, or to evidence before him or her, shall be deemed a contempt of commissioner or the court.
receive and report evidence only, and the court which appointed the commissioner.

RULE 32: TRIAL BY COMMISSIONER ad majorem dei gloriam CIVIL PROCEDURE
Section 12. Stipulations as to findings. When the parties
stipulate that a commissioner's findings of fact shall be final,
only questions of law shall thereafter be considered.
Section 13. Compensation of commissioner. The court shall

allow the commissioner such reasonable compensation as the
circumstances of the case warrant, to be taxed as costs against
the defeated party, or apportioned, as justice requires.

RULE 33: DEMURRER TO EVIDENCE ad majorem dei gloriam CIVIL PROCEDURE
RULE 33 The evidence contemplated by the rule on demurrer is that

which pertains to the merits of the case, excluding technical
DEMURRER TO EVIDENCE aspects.
• What are the facts considered. The "facts" referred
Demurrer to evidence. This is an objection by one of the to should include all the means sanctioned by the
parties in an action, to the effect that the evidence which his Rules of Court in ascertaining matters in judicial
adversary produced is insufficient in point of law, whether proceedings. These include judicial admissions,
true or not, to make out a case or sustain the issue. Gutib v matters of judicial notice, stipulations made during
Court of Appeals the pre-trial and trial, admissions, and presumptions,
the only exclusion being the defendant's evidence.
Section 1. Demurrer to evidence. After the plaintiff has
• Rule 8, Section 8. Under this Rule, the due execution
completed the presentation of his or her evidence, the
and genuineness of an actionable document is
defendant may move for dismissal on the ground that upon the
deemed admitted unless specifically denied under
facts and the law the plaintiff has shown no right to relief.
oath. Since C failed to deny the genuineness of the
• If his or her motion is denied, he or she shall have the
dacion, then it is deemed admitted and must be
right to present evidence.
considered by the Court in resolving the demurrer to
• If the motion is granted but on appeal the order of evidence.
dismissal is reversed, he or she shall be deemed to
have waived the right to present evidence. • Upon consideration of the dacion, it did not prove
extinguishment of liability. B defaulted C, and
therefore C proceeded against the security assigned
to it, which is the PN issued by A (which B assigned
Casent Realty v Philbanking
to C When A and C executed the dacion, what was
covered was merely the separate loan of A in favor of
A executed a PN in favor of B, which B assigned to C. When
C, and not the obligation of B in favor of C.
A failed to pay C, C filed a collection case against A. A raised
consequently, A’s obligation under the PN is not
the defense that the parties executed a Dacion en Pago which
extinguished.
ceded and conveyed A’s property to C with the intention of
totally extinguishing A’s debt. After C presented evidence, A
filed a demurrer to evidence saying that C’s failure to file a Section 2. Action on demurrer to evidence. A demurrer to
Reply to the Answer which raised the Dacion and evidence shall be subject to the provisions of Rule 15. The
Confirmation Statement constituted an admission of the order denying the demurrer to evidence shall not be subject of
genuineness and execution of said document and since the an appeal or petition for certiorari, prohibition or mandamus
dacion obliterated A’s obligation covered by the PN, C had no before judgment.
more right to collect. The trial court dismissed the complaint.
Proper?
Basis of demurrer. What should be resolved in a motion to

dismiss based on a demurrer to evidence is whether the
plaintiff is entitled to the relief based on the facts and the law.

RULE 34: JUDGMENT ON THE PLEADINGS ad majorem dei gloriam CIVIL PROCEDURE
RULE 34 therefore failed to tender an issue. RTC granted this and ruled
in favor of B. proper? Yes.
Judgment on the Pleadings
Main issue in a demurrer. Where a motion for judgment on
Section 1. Judgment on the pleadings. Where an answer: the pleadings is filed, the essential question is whether there
1. fails to tender an issue, or are issues generated by the pleadings. In a proper case for
2. otherwise admits the material allegations of the judgment on the pleadings, there is no ostensible issue at all
adverse party's pleading, because of the failure of the defending party's answer to raise
the court may, on motion of that party, direct judgment on an issue. The answer would fail to tender an issue, of course,
such pleading. if it does not deny the material allegations in the complaint or
admits said material allegations of the adverse party's
When no judgment on the pleadings shall be allowed. pleadings by confessing the truthfulness thereof and/or
However, in actions for declaration of nullity or annulment of omitting to deal with them at all.
marriage or for legal separation, the material facts alleged in
the complaint shall always be proved. Here, it is irrefutable that A acknowledged having entered into
a memorandum of agreement with b and that it still has an
Section 2. Action on motion for judgment on the pleadings. unpaid balance.
The court may • While A allegedly raised affirmative defenses, i.e.,
1. motu proprio or defect in the certification of non-forum shopping, no
2. on motion legal capacity to sue and fortuitous event, the same
render judgment on the pleadings if it is apparent that the cannot still bar respondent from seeking the collection
1. answer fails to tender an issue, or of the unpaid balance. Other than these affirmative
2. otherwise admits the material allegations of the defenses, a's denial neither made a specific denial that
adverse party's pleadings. a memorandum of agreement was perfected nor did it
contest the genuineness and due execution of said
Otherwise, the motion shall be subject to the provisions of agreement.
Rule 15 of these Rules.
Any action of the court on a motion for judgment on the

pleadings shall not be subject of an appeal or petition for
certiorari, prohibition or mandamus.
Asian Construction and Development Corporation v

Sannaedle Co.,
B filed a collection case agaisnt A pursuant to a MOA they

constituted. A filed its answer and B thereafter moved for
judgment on the pleadings on the ground that the Answer
admitted all material allegations of the Complaint and

RULE 35: summary judgments ad majorem dei gloriam CIVIL PROCEDURE
RULE 35 Genuine issue. A genuine issue is an issue of fact which calls depositions and admissions on file, show that, except as to the
for the presentation of evidence, as distinguished from an amount of damages,
Summary Judgments issue which is fictitious or contrived, set up in bad faith and 1. there is no genuine issue as to any material fact and
patently unsubstantial so as not to constitute a genuine issue 2. that the moving party is entitled to judgment as a
Summary judgment. Summary judgment is one granted for trial. Evangelista v Mercator Finance Corp., matter of law.
upon motion of a party for an expeditious settlement of the
case, it appearing from the pleadings, depositions, admissions Section 1. Summary judgment for claimant. A party Any action of the court on a motion for summary judgment
and affidavits that there are no important questions or issues seeking to recover upon a claim, counterclaim, or cross-claim shall not be subject of an appeal or petition for certiorari,
of fact posed and, therefore, the movant is entitled to a or to obtain a declaratory relief may, at any time after the prohibition or mandamus.
judgment as a matter of law. Republic v Sandiganbayan pleading in answer thereto has been served, move with
1. supporting affidavits, Section 4. Case not fully adjudicated on motion. If on
Premise. A motion for summary judgment is premised on the 2. depositions or motion under this Rule, judgment is not rendered upon the
assumption that the issues presented need not be tried either 3. admissions whole case or for all the reliefs sought and a trial is necessary,
because these are patently devoid of substance or that there is for a summary judgment in his or her favor upon all or any the court may, by examining the pleadings and the evidence
no genuine issue as to any pertinent fact. part thereof. before it and by interrogating counsel,
• It is a method sanctioned by the Rules of Court for the 1. ascertain what material facts exist without substantial
prompt disposition of a civil action where there exists Section 2. Summary judgment for defending party. A controversy, including the extent to which the amount
no serious controversy. Summary judgment is a party against whom a claim, counterclaim, or cross-claim is of damages or other relief is not in controversy, and
procedural devise for the prompt disposition of asserted or a declaratory relief is sought may, at any time, 2. direct such further proceedings in the action as are
actions in which the pleadings raise only a legal issue, move with just.
not a genuine issue as to any material fact. 1. supporting affidavits,
• The theory of summary judgment is that, although an 2. depositions or The facts so ascertained shall be deemed established, and the
answer may on its face appear to tender issues 3. admissions trial shall be conducted on the controverted facts accordingly.
requiring trial, if it is demonstrated by affidavits, for a summary judgment in his or her favor as to all or any
depositions or admissions that those issues are not part thereof. Section 5. Form of affidavits and supporting papers.
genuine but sham or fictitious, the Court is justified in Supporting and opposing affidavits:
dispensing with the trial and rendering summary Section 3. Motion and proceedings thereon. The motion 1. shall be made on personal knowledge,
judgment for petitioner Republic. Republic v shall cite the 2. shall set forth such facts as would be admissible in
Sandiganbayan 1. supporting affidavits, depositions or admissions, and evidence, and
• Relief by summary judgment is intended to expedite 2. the specific law relied upon. 3. shall show affirmatively that the affiant is competent
or promptly dispose of cases where the facts appear to testify to the matters stated therein.
undisputed and certain from the pleadings, Comment. The adverse party may file a comment and serve Certified true copies of all papers or parts thereof referred to
depositions, admissions and affidavits. But if there be opposing affidavits, depositions, or admissions within a non- in the affidavit shall be attached thereto or served therewith.
a doubt as to such facts and there be an issue or issues extendible period of five (5) calendar days from receipt of the
of fact joined by the parties, neither one of them can motion. Section 6. Affidavits in bad faith. Should it appear to its
pray for a summary judgment. Where the facts satisfaction at any time that any of the affidavits presented
pleaded by the parties are disputed or contested, When summary judgment shall be rendered. Unless the pursuant to this Rule are
proceedings for a summary judgment cannot take the court orders the conduct of a hearing, judgment sought shall 1. presented in bad faith, or
place of a trial. Viajar v Judge Estenzo be rendered forthwith if the pleadings, supporting affidavits, 2. solely for the purpose of delay,

RULE 35: summary judgments ad majorem dei gloriam CIVIL PROCEDURE
the court shall forthwith order the offending party or counsel the procedural requirements of filing a motion and conducting
to pay to the other party the amount of the reasonable a hearing on the said motion warrants the setting aside of the
expenses which the filing of the affidavits caused him or her summary judgment.
to incur, including attorney's fees, it may, after hearing further
adjudge the offending party or counsel guilty of contempt. Summary judgment not warranted. When the petitioners
herein asserted that the respondent has "no more right of
participation" over the subject property because the
Republic v Sandiganbayan
successional rights of the respondent's parents over the same
has already been conveyed to the petitioners' father, the
Summary judgment in forfeiture proceedings under RA petitioners tendered a genuine issue. They were in fact stating
1379. On the allegation that the summary judgment denied that the respondent's parents exercised their right to sell,
respondents of their right to hearing and present evidence exchange, or compromise their undivided inchoate share of
under RA 1379, the Court ruled that the hearing provided their inheritance from Jayme, and the respondent's parents
therein does not require formal introduction of evidence, only intended a partition of the property. The truthfulness of this
that the parties are given the occasion to participate and allegation, however, could only be ascertained through the
explain how they acquire the property in question. There is no presentation of evidence during trial, and not in a summary
provision in the law that a full blown trial ought to be judgment.
conducted before the court declares the forfeiture of the
subject property. Thus, even if the forfeiture proceedings do
not reach trial, the court is not precluded from determining the
nature of the acquisition of the property in question even in a
summary proceeding.
• The case dragged on for 12 long years. This was met
in the case. The Marcoses argued their case and
engaged in all of the lengthy discussions,
argumentation, deliberations and conferences, and
submitted their pleadings, documents and other
papers.
• Also, the defenses of "lack of knowledge for lack of
privity," or "(inability to) recall because it happened a
long time ago," or that "the funds were lawfully
acquired" were insufficient to tender genuine issues. |||
Morales v Morales
Motion for summary judgment necessary, otherwise

judgment is void. The pre-trial judge cannot motu proprio
render the judgment on the pleadings or summary judgment.
In the case of the motion for summary judgment, the adverse
party is entitled to counter the motion. The non-observance of

RULE 36: judgments , final orders and entry ad majorem dei gloriam CIVIL PROCEDURE
RULE 36 Section 4. Several judgments. In an action against several the contract in so far as the portion they bought (137 sq m) is
defendants, the court may, when a several judgment is proper, concerned, and not of the whole lot. Spouses B did not appeal
Judgments, Final Orders and Entry render judgment against one or more of them, leaving the and so the decision became final and executory.
Thereof action to proceed against the others.
Section 5. Separate judgments. When more than one claim It is now claimed by A that the decision which became final
Section 1. Rendition of judgments and final orders. A
for relief is presented in an action, the court, at any stage, and executory for lack of appeal has the effect of res judicata,
judgment or final order determining the merits of the
upon a determination of the issues material to a particular or estoppel by judgment on the right of respondents to raise
case shall be the same issue as regards the specific performance of an
claim and all counterclaims arising out of the transaction or
1. in writing alleged contract of sale relative to the lot containing an area of
occurrence which is the subject matter of the claim, may
2. personally and directly prepared by the judge, render a separate judgment disposing of such claim. 137 square meters for the reason that this issue was already
3. stating clearly and distinctly the facts and the • The judgment shall terminate the action with respect litigated in said case and cannot now be litigated again, it
law on which it is based, to the claim so disposed of and the action shall appearing that case involved the same parties, issues and
4. signed by him, and proceed as to the remaining claims. subject matter as those involved in the present case. And
5. filed with the clerk of the court. inasmuch as petitioners were absolved from the complaint, the
In case a separate judgment is rendered the court by order may only implication that can be drawn from it is that they had
Section 2. Entry of judgments and final orders. If no stay its enforcement until the rendition of a subsequent been freed from the effects of the alleged contract of sale now
appeal or motion for new trial or reconsideration is filed judgment or judgments and may prescribe such conditions as relied upon by respondents relative to the lot above adverted
within the time provided in these Rules, the judgment or final may be necessary to secure the benefit thereof to the party in to.|||
order shall forthwith be entered by the clerk in the book of whose favor the judgment is rendered.
entries of judgments. Respondents on the other hand, contend that they can still
invoke in their favor the decision in the aforesaid case No.
• The date of finality of the judgment or final order Section 6. Judgment against entity without juridical
personality. When judgment is rendered against two or more 123 because, while petitioners were absolved from the
shall be deemed to be the date of its entry.
persons sued as an entity without juridical personality, the complaint, the court, however, made a finding therein to the
The record shall contain
judgment shall set out their individual or proper names, if effect that respondents were entitled to demand the fulfillment
1. the dispositive part of the judgment or final order and
known. of the contract at least in so far as the portion of the lot
2. shall be signed by the clerk,
containing an area of 137 square meters is concerned.|||
3. within a certificate that such judgment or final order
has become final and executory. Edwards v Arce
Spouses A filed a case against Spouses B for recovery of For purposes of res judicata, what is controlling is what
possession of a parcel of land. B refused, saying that they appears in the dispositive part of the decision and not
Section 3. Judgment for or against one or more of several
were the owners of the land because they purchased a portion what appears in the body. While it is true that in the decision
parties. Judgment may be given for or against one or more of
thereof from A but A refused to execute a deed of sale. in civil case No. 123 the court made a finding that respondents
several plaintiffs and for or against one or more of several
Spouses B cited a case previously litigated case between the were entitled to demand the fulfillment of the contract of sale
defendants. When justice so demands, the court may require
parties wherein Spouses B sought to compel Spouses A to regarding the portion of the lot containing an area of 137
the parties on each side to file adversary pleadings as between
execute a deed of conveyance for having failed to do so square meters, such however is not controlling for the purpose
themselves and determine their ultimate rights and
despite having complied with the terms of their contract. The of res judicata but what appears in the dispositive part of the
obligations.
CFI in that case absolved Spouses A of the complaint, saying decision.||| Whatever may be found in the body of the decision
that Spouses B are entitled only to demand the fulfillment of can only be considered as part of the reasons or conclusions of
RULE 36: judgments , final orders and entry ad majorem dei gloriam CIVIL PROCEDURE
the court and while they may serve as guide or enlightenment recommended that the judge be found guilty of gross Application. In this case, the Court is of the considered view
to determine the ratio decidendi, what is controlling is what ignorance of the law. Proper? No. that Judge Catalo correctly recalled the judgment because the
appears in the dispositive part of the decision.||| second and third exceptions on the doctrine of finality of
Doctrine of finality of judgments. Under the doctrine of judgments were squarely applicable. After the finality of the
Res judicata attaches even in erroneous decisions. It may finality of judgment or immutability of judgment, a decision RTC decision in 2012, it was discovered that the had been
be contended that the court in civil case No. 123 committed a that has acquired finality becomes immutable and unalterable, cancelled as early as 1924. Complainant, when later asked to
mistake in dismissing the case outright or in not ranking a and may no longer be modified in any respect. The same rule present his stand, failed to contradict the allegation that he
partial adjudication in favor of respondents as regards the admits of the following exceptions: falsified his affidavit of loss. Clearly, these subsequent events
portion of the lot containing an area of 137 square meters in 1. the correction of clerical errors, the so-called nunc pro raised a red flag and placed the Respondent Judge on his toes.
line with the finding it has made in the body of the decision, tunc entries which cause no prejudice to any party, Judge Catalo realized an execution of such judgment would
but such error, if any, cannot affect the applicability of the 2. void judgments, and definitely be unjust and inequitable as it would be sanctioning
principle of res judicata for the same attaches even when the 3. whenever circumstances transpire after the finality fraud and irregularity. It would judicially permit the issuance
prior decision is erroneous. Thus, it is as well-settled rule that of the decision rendering its execution unjust and of a new owner's duplicate copy of a title which was no longer
"a final judgment or order on the merits, rendered by a court inequitable in existence.
having jurisdiction of the subject-matter and of the parties, is • Judge Catalo was correct in stating that the judgment
conclusive in a subsequent case between the same parties and Void judgments can never attain finality and therefore can was void and could not have attained finality. Citing
their successors in interest litigating upon the same thing and be recalled. Under the second exception, a void judgment for the case of New Durawood Co., Inc. v. CA, he
issue, regardless of how erroneous it may be. want of jurisdiction is no judgment at all. It neither is a source stressed that a court had no jurisdiction to order the
of any right nor the creator of any obligation. All acts issuance of a new owner's duplicate copy of a
A.M. No. RTJ-15-2422 performed pursuant to it and all claims emanating from it have certificate of title when it was, in fact, not lost. Here,
Rivera v Catalo no legal effect. Hence, it can never become final and any writ the original title was not lost but officially cancelled.
of execution based on it is void. It may be said to be a lawless Hence, Judge Catalo correctly exercised his judicial
A filed a petition for the issuance of a new owners duplicate thing which can be treated as an outlaw and slain at sight, or prerogative to amend and control his factually and
copy of a TCT covering a parcel of land because such ignored wherever and whenever it exhibits its head. legally infirm decision.
duplicate had been missing. The case was raffled to the sala of
Judge B, who granted the petition. The decision became final Subsequent events may warrant modification of judgment.
and executory. Under the law, the court may modify or alter a judgment even
after the same has become executory whenever circumstances
The Acting Records Officer of the RD filed a manifestation transpire rendering its execution unjust and inequitable, as
that the TCT was not really lost but was cancelled and where certain facts and circumstances justifying or requiring
therefore it could no longer be the subject of any transaction. such modification or alteration transpired after the judgment
Pusuant to this, Judge B recalled and set aside his decision has become final and executory. In other words, if there are
above. facts and circumstances that would render a judgment void or
unjust after its finality, and render its execution a complete
A filed a complaint agaisnt Judge B for committing gross nullity, such judgment cannot exude immutability.
misconduct for recalling a final and executory judgment. OCA

Post-judgment remedies ad majorem dei gloriam CIVIL PROCEDURE
POST JUDGMENT REMEDIES Direct attack. This is made through an action or proceeding,
the main object of which is to annul, set aside, or enjoin the
enforcement of such judgment, if not yet carried into effect; or
REMEDIES BEFORE A JUDGMENT BECOMES
if the property has been disposed of, the aggrieved party may
FINAL AND EXECUTORY
sue for recovery. Co v Court of Appeals
1. Motion for reconsideration (Rule 37) Collateral attack. This happens when, in another action to
2. Motion for new trial (Rule 37) obtain a different relief, an attack on the judgment is made as
3. Appeal (Rules 40-50) an incident in said action. This is proper only when the
judgment is null and void on its face as where it is patent that
REMEDIES AFTER THE JUDGMENT BECOMES the court that rendered the judgment had no jurisdiction. Co v
FINAL AND EXECUTORY Court of Appeals
1. Petition for relief from judgment (Rule 38)

2. Action to annul a judgment (Rule 47)
3. Petition for certiorari (Rule 65)
4. Collateral attack of a judgment that is void on its face
WHEN JUDGMENT BECOMES EXECUTORY

General rule: within the period for appeal, reckoned from
the notice of the judgment or final order, the same is not
yet executory.
A judgment becomes executory:
1. Upon the expiration of the period to appeal from a
judgment or order that finally disposes of the
action or proceeding if no appeal has been duly
perfected.
2. After an appeal taken from the judgment or order
has been finally resolved
Exception: those judgments which are immediately

executory. See Rule 39
COLLATERAL ATTACK

RULE 37: NEW TRIAL OR RECONSIDERATIONS ad majorem dei gloriam CIVIL PROCEDURE
RULE 37: evidence, or to summon witnesses and to argue the case, are petitioner contends that had respondent Commissioner
not proper grounds for a new trial, unless the incompetence of taken into consideration the newly discovered
New Trial or Reconsideration counsel be so great that his client is prejudiced and prevented evidence showing the claimant had already been
1. Grounds from fairly presenting his case. Palanca v. American Food afflicted with and was suffering from pulmonary
2. Contents Manufacturing Co. tuberculosis while he was not yet employed by the
3. Actions taken by the court petitioner the0020decision complained of would have
4. Remedy in case of denial Excusable negligence. Where a party appearing in Court is been greatly changed. It is noteworthy, however, that
5. Fresh period rule not a lawyer and there is no indication that he is conversant claimant underwent the pre-employment physical
6. Summary with the law, and neither is he aware of the technicalities of examinations prescribed by the petitioner, and was
procedure and the law nor could have known the implications found by the company physician to be physically fit.
GROUNDS of his acts (like submitting the case only on the pleadings Such newly discovered evidence could have been
Section 1, Rule 37 without presenting evidence and without notifying the SG), produced at the trial if the petitioner had exercised
the ends of justice will be better served and the rights of the due diligence, because claimant's records had always
Motion for new trial parties protected if the relief prayed for be granted. There was been in petitioner's possession. With full opportunity
Within the period for taking an appeal, the aggrieved party manifestly a mistake and excusable negligence on the part of and adequate means of checking the petitioner cannot
may move the trial court to set aside the judgment or final said party in appearing in his own behalf and acting in the now have any reason either to complain about or to
order and grant a new trial for one or more of the following way he did. The petition for relief was filed with all requisites reopen the matter. National Shipyards and Steel
causes materially affecting the substantial rights of said party: required by law. In acting in the premises without benefit of Corp. v. Asuncion
counsel and legal advice, amounted to a deprivation of the
a. FAME. Fraud, accident, mistake or excusable negligence chances to be heard. Benito v. Montemayor MNT is an omnibus motion; second motion for new trial
which ordinary prudence could not have guarded against allowed only for grounds not existing at the time of filing
and by reason of which such aggrieved party has probably Berry Rule; requisites of newly discovered evidence. the first. A motion for new trial shall include all grounds then
been impaired in his rights; or 1. The evidence was discovered after trial; available and those not so included shall be deemed waived. A
b. Newly discovered evidence, which he could not with 2. Such evidence could not have been discovered and second motion for new trial, based on a ground not existing
reasonable diligence, have discovered and produced at the produced at the trial with reasonable diligence; and nor available when the first motion was made, may be filed
trial, and which if presented would probably alter the 3. Such evidence is material, not merely cumulative, within the time herein provided excluding the time during
result. corroborative or impeaching, and is of such weight that if which the first motion had been pending. Section 5, Rule 37
• Period for taking an appeal; 15/30 days from admitted would probably change the judgment (CIR v A.
notice. An appeal may be taken within fifteen (15) Soriano Corporation • Note that while a second MR is generally not allowed,
days after notice to the appellant of the judgment or NOTE: These requisites originated in the case of Berry v the Rules allow a second MNT.
final order appealed from. Where a record on appeal State of Georgia.
is required, the appellant shall file a notice of appeal Newly-discovered evidence; evidence could not have been No MNT in summary procedure. A motion for new trial a
and a record on appeal within thirty (30) days after discovered during trial. If the alleged newly-discovered prohibited motion under the 1991 Revised Rules on Summary
notice of the judgment or final order. Section 2, Rule evidence could have been very well presented during trial Procedure. Section 19[c], IV, 1991 Rules on Summary
40 with the exercise of reasonable diligence, the same could not Procedure.
be considered newly discovered evidence. Yiernas v
Mistake; counsel’s mistake generally not a ground for new Tancogabaldon. • No MNT in forcible entry and unlawful detainer.
trial. Mistakes of counsel as to the competency of witnesses, Note that under Section 3, Rule 70, forcible entry and
the sufficiency and relevancy of evidence, the proper defense, • Evidence that could have been presented during unlawful detainer are governed by the rules on
or the burden of proof, his failure to introduce certain trial is not newly-discovered evidence. The
summary procedure. Hence, MNTs are prohibited in irremediable injury or damage to the parties. Section 4. Where, under the circumstances, a motion for
such actions as well. 3, Rule 15, A.M. No. 10-4-20-SC reconsideration would be useless;
5. Where petitioner was deprived of due process and
Motion for reconsideration there is extreme urgency for relief;
Within the [period for taking an appeal], the aggrieved party No MR in summary procedure. A motion for 6. Where, in a criminal case, relief from an order of
may also move for reconsideration upon the grounds that the: reconsideration of a judgment is a prohibited motion under the arrest is urgent and the granting of such relief by the
a. damages awarded are excessive, 1991 Revised Rules on Summary Procedure. Section 19[c], trial court is improbable;
b. evidence is insufficient to justify the decision or final IV, 1991 Rules on Summary Procedure. 7. Where the proceedings in the lower court are a nullity
order, or for lack of due process;
c. decision or final order is contrary to law. • No MR in forcible entry and unlawful detainer. 8. Where the proceeding were ex parte or in which the
Note that under Section 3, Rule 70, forcible entry and petitioner had no opportunity to object; and
MR directed to a final order. A motion for reconsideration unlawful detainer are governed by the rules on 9. Where the issue raised is one purely of law or where
under Rule 37 is one that is directed against a judgment or a summary procedure. Hence, MRs are prohibited in public interest is involved. Republic of the
final order, and not the motion for reconsideration of an such actions as well. Philippines. v Bayao
interlocutory order which normally precedes a petition for
certiorari under 65. Riano, 2019. No MR in small claims cases. A motion for reconsideration CONTENTS
is a prohibited motion in Small Claims Cases. Section 24(c),
Purpose of an MR. The purpose of an MR is precisely to The Rule of Procedure for Small Claims Cases Section 2, Rule 37
request the court or the quasi- judicial body to take a second
look at its earlier judgment and correct any errors it may have MR as a requirement for filing a petition for certiorari under Contents of motion for new trial or reconsideration and
committed therein. Reyes v Pearl Bank Securities Rule 65 notice thereof. The motion shall be made in writing stating
the ground or grounds therefor, a written notice of which shall
General Rule: single motion rule; no 2nd MR. No party General rule: MR is a condition sine qua non for filing a be served by the movant on the adverse party.
shall be allowed a second motion for reconsideration of a petition for certiorari under Rule 65.
judgment or final order. Section 5, Rule 37 • Its purpose is to grant an opportunity for the court to • Interrupts appeal period. The filing of a timely
correct any actual or perceived error attributed to it by motion interrupts the period to appeal (Section 2,
• Exception. A second MR is prohibited and can only re-examination of the legal and factual circumstances Rule 40; Section 3, Rule 41
be allowed on extraordinarily persuasive reasons and of the case.
• No motion for extension to file. No motion for
only after an express leave shall have been obtained. extension of time to file a Motion for New Trial or
Roasters Philippines, Inc. v Gaviola Exceptions:
1. Where the order is a patent nullity, as where the court Motion for Reconsideration shall be allowed. Section
2, Rule 40
• Exception; higher interest of justice + 2/3 SC a quo has no jurisdiction;
membership. The SC may allow a second MR in the 2. Where the questions raised in the certiorari
proceedings have been duly raised and passed upon Motion for new trial
higher interest of justice by the Court en banc upon a Affidavits of merits. A motion for new trial shall be proved
by the lower court, or are the same as those raised and
vote of at least 2/3 of its actual membership. There is in the manner provided for proof of motions. A motion for the
passed upon in the lower court;
reconsideration “in the higher interest of justice” cause mentioned in paragraph (a) of the preceding section
3. Where there is an urgent necessity for the resolution
when the assailed decision is not only legally of the question and any further delay would prejudice shall be supported by affidavits of merits which may be
erroneous, but is likewise patently unjust and the interests of the Government or of the petitioner or rebutted by affidavits.
potentially capable of causing unwarranted and the subject matter of the action is perishable;
Motion for reconsideration decisions does not necessarily mean that the motion must be Example; MR to an interlocutory order of revocation. In
Affidavits of witnesses; authenticated documents. A motion characterized as merely pro forma because a pleader preparing the case presently considered, the reiteration of the argument
for new trial shall be proved in the manner provided for proof a motion for reconsideration must of necessity address the that the respondent Judge committed error in his computation
of motions. A motion for the cause mentioned in paragraph arguments made or accepted by the trial court in its decision. of the period to file an answer after a motion to dismiss shall
(b) shall be supported by: The movant is very often confined to the amplification or have been denied becomes a necessity in view of the fact that,
1. affidavits of the witnesses by whom such evidence is further discussion of the same issues already passed upon by although the first motion for reconsideration of the order of
expected to be given, or the trial court. Otherwise, his remedy would not be a default was granted, the respondent Judge subsequently
2. duly authenticated documents which are proposed to reconsideration of the decision, but a new trial or some other revoked his favorable action thereon. The motion to
be introduced in evidence. remedy. reconsider the order of revocation must necessarily invoke the
same ground showing why the ground upon which the default
Insufficient to mention grounds; point out specifically A pro forma motion is one which does not satisfy the order is based is erroneous. That said argument is no idle
conclusions referred to and make express reference to requirements of the rules and which are treated as a reiteration of the reason previously alleged, or that the motion
evidence or law. A motion for reconsideration shall point out motion intended to delay proceedings. The MR in this case for reconsideration was not filed for purposes of delay is
specifically the findings or conclusions of the judgment or complied with the provisions of Section 37. It made indubitably shown by the fact that the respondent Judge
final order which are not supported by the evidence or which averments as well as explanations why the court erred in its sustained the same and corrected his error with respect to the
are contrary to law, making express reference to the decision. It specified the findings or conclusions of the period of time within which to file an answer on the basis
testimonial or documentary evidence or to the provisions of judgment which are not supported by the evidence or contrary thereof.
law alleged to be contrary to such findings or conclusions. to law
ACTION UPON MOTION FOR NEW TRIAL OR
Pro forma motion However, the finding by the SC that the motion was not pro RECONSIDERATION
forma does not translate to a finding that the same was Section 3, Rule 37
Pro-forma motions not allowed; reglementary period not meritorious. Hence, the case was remanded to the CA.
tolled. A pro forma motion for new trial or reconsideration The trial court may
shall not toll the reglementary period of appeal even if timely BA Finance Corp. v. Pineda (1982) a. Grant new trial. set aside the judgment or final order and
filed. Section 2, Rule 37 grant a new trial, upon such terms as may be just, or
Mere reiteration of issues does not make a motion pro b. Deny. may deny the motion.
Marikina Valley Development v Flojo (1995) forma. There should be a distinction in determining whether a
motion for reconsideration may be declared pro-forma • Resolution of motion within 30 days. A motion for
The CA said that the MR filed by the petitioners was merely depending on whether it is directed against a final judgment or new trial or reconsideration shall be resolved within
pro forma because it merely repeated or reiterated the order, or only against an interlocutory order. 30 days from the time it is submitted for resolution
arguments that have been previously considered and resolved • MR to final judgment. In the case of the former, a Section 4, Rule 37
in the decision. As such, the reglementary period for the filing repetition of arguments or grounds already
of appeal was not tolled. Since the appeal was filed after the sufficiently discussed in prior incidents may properly Effect of granting motion for reconsideration. If the court
expiration of the allowable period, the net result was the be categorized as being merely for purposes of delay. finds that excessive damages have been awarded or that the
dismissal thereof. • MR to interlocutory orders. In the case of judgment or final order is contrary to the evidence or law, it
interlocutory orders, a reiteration of the ground or may amend such judgment or final order accordingly.
Mere reiteration of issues does not make a motion pro argument previously advanced is not necessarily
forma; necessary to repeat. SC said that the circumstance indicative that the movant filed the motion merely for Effect of granting of motion for new trial. If a new trial is
that a motion for reconsideration deals with the same issues gaining delay. granted in accordance with the provisions of this Rule:
and arguments posed and resolved by the trial court in its
1. Trial de novo. the original judgment or final order REMEDY IN CASE OF DENIAL 2. within 15 days from receipt of the order (the "final
shall be vacated, and the action shall stand for trial de order") denying his motion for new trial or motion for
novo; Remedy against order denying a motion for new trial or reconsideration.
2. Material evidence reused. The recorded evidence reconsideration; appeal final judgment. An order denying a
taken upon the former trial, in so far as the same is motion for new trial or reconsideration is not appealable, the Application of fresh period rule. It applies to:
material and competent to establish the issues, shall remedy being an appeal from the judgment or final order. 1. Rule40–MTC to RTC
be used at the new trial without retaking the same. Section 9, Rule 37 2. Rule 41 – Appeals from RTC
Section 6, Rule 37 3. Rule 42 – Petition for Review from RTC to CA
Remedy against order denying a motion for new trial or 4. Rule 43 – Appeals from quasi-judicial agencies to CA
Partial new trial or reconsideration. If the grounds for a reconsideration; 65. In all xxx instances where the judgment 5. Rule 45 – Appeals by certiorari to the SC
motion under this Rule appear to the court to affect the issues or final order is not appealable, the aggrieved party may file
as to an appropriate special civil action under Rule 65. Section 1, Note. The Fresh Period Rule does not refer to the period
a. only a part, or less than all of the matter in Rule 41 within which to appeal from the order denying the MR or
controversy, or MNT, but to the period within which to appeal from the
b. only one, or less than all, of the parties to it, FRESH PERIOD RULE judgment itself because an order denying a MNT or MR is not
the court may order a new trial or grant reconsideration as to appealable.
such issues if severable without interfering with the judgment Neypes v CA
or final order upon the rest. Section 7, Rule 37
Fresh-period rule or Neypes rule. To standardize the appeal
• Effect of order for partial new trial. When less than periods provided in the Rules and to afford litigants fair
all of the issues are ordered retried, the court may: opportunity to appeal their cases, the Court deems it practical
1. either enter a judgment or final order as to the to allow a fresh period of 15 days within which to file the
rest, or notice of appeal, counted from the receipt of the order
2. stay the enforcement of such judgment or dismissing a motion for new trial or motion for
final order until after the new trial. Section 8, reconsideration.
Rule 37
The original period of appeal xxx remains and the
No extension to file MNT or MR shall be allowed by the requirement for strict compliance still applies. The fresh
court. No motion for extension of time to file a motion for period of 15 days becomes significant only when a party opts
new trial or reconsideration may be filed with the MTCs, the to file a motion for new trial or motion for reconsideration. In
RTCs, and the [CA]. Such a motion may be filed only in cases this manner, the trial court which rendered the assailed
pending with the Supreme Court as the court of last resort, decision is given another opportunity to review the case and,
which may in its sound discretion either grant or deny the in the process, minimize and/or rectify any error of judgment.
extension requested. In appeals in special proceedings under
Rule 109 of the Rules of Court and in other cases wherein So what is the period of appeal? A party litigant may either
multiple appeals are allowed, a motion for extension of time file his notice of appeal:
to file the record on appeal may be filed within the 1. within 15 days from receipt of the Regional Trial
reglementary period of thirty (30) days. Habaluyas Court's decision or
Enterprises, Inc. v. Japson

SUMMARY
Motion for New Trial (MNT) Motion for Reconsideration (MR)
Grounds 1. FAME or 1. The damages awarded are excessive;
Section 1, Rule 37 2. Newly discovered evidence 2. The evidence is insufficient to satisfy the decision or final order; or
3. The decision or final order is contrary to law
Requisites 1. They shall be in writing, stating the ground or grounds therefore, a written 1. They shall be in writing, stating the ground or grounds therefore, a written notice
notice of which shall be served by the movant on the adverse party of which shall be served by the movant on the adverse party
2. Affidavit of merit setting forth the particular facts claimed to constitute a 2. Must point out specifically the conclusion of judgment;
meritorious cause of action in case the ground relied upon is FAME; 3. Express reference to testimonial or documentary evidence or to provisions of law.
3. In case of newly discovered evidence:
a. Affidavit of new witnesses; and
b. Duly authenticated documents to be introduced.
Note: The requirements are mandatory and non- compliance therewith is fatal and Note: The requirements are mandatory and non- compliance therewith is fatal and
renders the motion pro forma and will not toll the reglementary period for appeal. renders the motion pro forma and will not toll the reglementary period for appeal.
Period of filing General rule: within the period for taking an appeal: Within 15 days after notice to the appellant of the judgment or final order appealed from.
Section 1, Rule 37 Where a record on appeal is required. The appellant shall file a notice of appeal and a record on appeal within 30 days after notice of the judgment or final order.
• The filing of a timely motion interrupts the period to appeal. Section 2, Rule 40; Section 3, Rule 41
• No motion for extension of time to file a Motion for New Trial or Motion for Reconsideration shall be allowed. Section 2, Rule 40
Second MNT or MR Second MNT. Second motion for NEW TRIAL may be allowed so long as based GR: Single motion [MR] rule. No party shall be allowed a second motion for
Section 5, Rule 37 on grounds not existing or available at the time the first motion was made reconsideration of a judgment or final order
Exception: Affirmative vote of 2/3 of SC’s actual membership. The SC may

allow a second MR in the higher interest of justice by the Court en banc upon a vote
of at least 2/3 of its actual membership.
• A second MR can only be entertained before the ruling sought to be
reconsidered becomes final by operation of law or by the Court’s declaration.
In the Division, a vote of three Members shall be required to elevate a second motion
for reconsideration to the Court En Ban. Section 3, Rule 15, A.M. No. 10-4-20-SC
Remedy If denied, the remedy is to appeal from the judgment or final order. Section 9, Rule 37
Summary Procedure & Prohibited motions under Summary Procedure and Small Claims. Section 19[c], IV, 1991 Rules on Summary Procedure; Section 24(c), The Rule of Procedure for Small
Small Claims Cases Claims Cases

RULE 38: RELIEF FROM OTHER PROCEEDINGS ad majorem dei gloriam CIVIL PROCEDURE
RULE 38: harmony with Rule 56, which enumerates the original cases
When prevented from taking an appeal through FAME. cognizable by the SC [certiorari, prohibition, mandamus, quo
Relief from Judgments, Orders or When a judgment or final order is rendered by any court in a warranto, habeas corpus, disciplinary proceedings against
Other Proceedings case, and a party thereto, by fraud, accident, mistake, or members of the judiciary and attorneys, and cases affecting
1. Reliefs after final order or judgment excusable negligence, has been prevented from taking an ambassadors, other public ministers and consuls]. A petition
a. Petition for relief from appeal, he may file a petition in such court and in the same for relief from judgment is not included. Also, there is no
judgment/order/proceedings case praying that the appeal be given due course. provision in the rules of Court nor in the Revised Internal
b. Petition for relief from denial of appeal rules of the CA that allows the remedy of petition for relief in
c. Discussion on nature and grounds • Note. The prayer is that the appeal be given due the CA. Purcon, Jr. v. MRM Philippines, Inc.
2. Procedural matters course.
3. Proceedings where petition is sufficient No PFR in summary procedure and small claims cases.
Discussion on nature and grounds A petition for relief from judgment is a prohibited pleading
RELIEFS AFTER FINAL ORDER OR JUDGMENT in cases covered by the Rules on Summary Procedure
Petition for relief is an equitable remedy. Petition for (Section 19[d],, 1991 Rules on Summary Procedure) and
Concept of petition for relief. In a petition for relief from relief is an equitable remedy that is allowed only in in small claims cases (Section 16[d], Rules of Procedure
judgment, the petitioner claims that due to extrinsic fraud, exceptional cases where there is no other available or for Small Claims Cases
accident, mistake, or excusable negligence, he has been adequate remedy provided by law or by the rules. Cagayan
unjustly deprived of a hearing or has been prevented from Economic Zone Authority v Meridien Vista Gaming Corp., Counsel’s mistake generally not excusable. For a claim of
taking an appeal. Service Specialists, Inc. v. Sheriff of
|
counsel's gross negligence to prosper, nothing short of clear
Manila Petition for relief from judgment not available when loss abandonment of the client's cause must be shown. In
of remedy was due to petitioner’s own negligence. The exceptional cases, when the mistake of counsel is so
Petition for relief from, judgment, order, or other relief afforded by Rule 38 will not be granted to a party who palpable that it amounts to gross negligence, this Court
proceedings seeks to be relieved from the effects of the judgment when affords a party a second opportunity to vindicate his right.
Section 1, Rule 38 the loss of the remedy of law was due to his own But this opportunity is unavailing in the instant case,
negligence, or mistaken mode of procedure for that matter; especially since petitioner has squandered the various
When a judgment or final order is entered, or any other otherwise the petition for relief will be tantamount to opportunities available to him at the different stages of this
proceeding is thereafter taken against a party in any court reviving the right of appeal which has already been lost, case. Purcon, Jr. v. MRM Philippines, Inc.
through either because of inexcusable negligence or due to a mistake
a. fraud, of procedure by counsel. Purcon, Jr. v. MRM Philippines, Petition for relief from judgment shall be filed in the same
b. accident, Inc. court that rendered the decision and in the same cause
c. mistake, or praying that judgment. In this case, the original action was
d. excusable negligence, Available only to the parties. A petition for relief, MNT and was filed before Branch XII of RTC Manila, but the petition
he may file a petition in such court and in the same case MR are remedies available only to parties in the proceedings for relief was filed in another civil case, which was assigned
praying that the judgment, order or proceeding be set aside. where the assailed judgment is rendered. People who were to Branch L RTC Manila. Branch L has no jurisdiction to
never parties to the case cannot avail of said remedy. Alaban v decide the petition for relief from judgment of Branch XII not
• Note. The prayer is that the judgment, order, or CA only because it was a violation of the rules, but because it
would effectively deprive Branch XII of jurisdiction which it
proceeding be set aside.
Any court refers only to first level courts and RTC; had already acquired. Service Specialists, Inc. v. Sheriff of
|
petition for relief from judgment not an available remedy Manila

Petition for relief from denial of appeal
Section 2, Rule 38 in the CA and SC. Rule 38, Section 1 must be interpreted in
MNT and MR mutually exclusive. A party who has filed a cannot attack the validity of the decision proper, for the most which it is filed, shall issue an order requiring the adverse
timely motion for new trial cannot file a petition for relief that she can ask this Court is to pass upon the correctness of parties to answer the same within 15 days from the receipt
after his motion has been denied. These two remedies are the resolution denying the petition to set aside the decision. thereof.
exclusive of each other. It is only in appropriate cases where a Palanca v. American Food Manufacturing Co., • The order shall be served in such manner as court
party aggrieved by a judgment has not been able to file a may direct, together with copies of the petition and
motion for new trial that a petition for relief can be filed. PROCEDURAL MATTERS the accompanying affidavits.
Francisco v Puno
Time for filing petition; contents and verification Proceedings after answer is filed; petition for relief from
Fraud; petition to set aside judgment must be based on Section 3, Rule 38 judgment/order/proceeding
extrinsic fraud. A petition to set aside a judgment, upon the Section 6, Rule 38
ground of fraud, will not lie unless the fraud be extrinsic or A petition provided for in either of the preceding sections of After the filing of the answer or the expiration of the period
collateral, as distinguished from intrinsic fraud. this Rule must be: therefor,
• Extrinsic fraud refers to any fraudulent act of the 1. the court shall hear the petition and
successful party in a litigation which is committed 1. Time; 60 days from finding out but 6 months max. 2. if after such hearing, it finds that the allegations
outside the trial of a case against the defeated party, or Verified, filed within 60 days after the petitioner learns of thereof are not true, the petition shall be dismissed;
his agents, attorneys or witnesses, whereby said the judgment, final order, or other proceeding to be set 3. but if it finds said allegations to be true, it shall set
defeated party is prevented from presenting fully and aside, and not more than 6 months after such judgment or aside the judgment or final order or other proceeding
fairly his side of the case. final order was entered, or such proceeding was taken; complained of upon such terms as may be just.
• Intrinsic fraud refers to acts of a party in a litigation and 4. Thereafter the case shall stand as if such judgment,
during the trial, such as the use of forged instruments 2. Accompanied by affidavit of merit. Accompanied with final order or other proceeding had never been
on perjured testimony, which did not affect the affidavits showing the fraud, accident, mistake, or rendered, issued or taken.
presentation of the case, but did prevent a fair and just excusable negligence relied upon, and the facts 5. The court shall then proceed to hear and determine the
determination of the case. Palanca v. American Food constituting the petitioner’s good and substantial cause of case as if a timely motion for a new trial or
Manufacturing Co., action or defense, as the case may be. reconsideration had been granted by it.
Fraud committed by counsel of a party is not a ground for Notice to counsel of the decision is notice to the party for Procedure where the denial of an appeal is set aside
relief from judgment. The allegation that petitioner was purposes of Section 3, Rule 38. Applicable is the principle Section 7, Rule 38
prevented from presenting fully her case before the Patent that notice to a party is invalid if he is represented by a Where the denial of an appeal is set aside, the lower court
Office and from resorting to all the legal remedies available to counsel of record because it is the lawyer who is supposed to shall be required to give due course to the appeal and to
her, because her former counsel failed to file a memorandum know the next procedural steps or what ought to be done in elevate the record of the appealed case as if a timely and
after the hearing of the evidence and had intentionally kept law henceforth for the protection of the rights of the client, proper appeal had been made.
himself entirely out of her reach, does not charge extrinsic and not the latter. Francisco v Puno
fraud that would warrant the setting aside of the decision, Preliminary injunction pending proceedings
since the acts complained of, even if assumed to be true and PROCEEDINGS WHEN PETITION IS SUFFICIENT
fraudulent, were all committed by her own counsel, and not Rationale for the provision. A petition for relief is available
by the successful party or opponent in the case. Palanca v. Order to file an answer only after the judgment or order has become final and
American Food Manufacturing Co., Section 4, Rule 38 executory. Being final and executory, it can already be the
subject of a writ of execution. Therefore, to preserve the status
In an appeal from the order denying a petition for relief from Answer within 15 days from receipt of order. If the petition quo and the rights of the parties before the petition for relief is
judgment under Rule 38 of the Rules of Court, the appellant is sufficient in form and substance to justify relief, the court in resolved, preliminary injunction is allowed. Riano, 2019
under Section 1[a] of Rule 41, an order denying petition for
Section 5, Rule 38 relif is not appealable.
Grant of PI upon filing of bond. The court in which the

petition is filed, may grant such preliminary injunction as may
be necessary for the preservation of the rights of the parties
upon the filing by the petitioner of a bond in favor of the
adverse party,
Condition. The grant is conditioned that if:

1. the petition is dismissed or
2. the petitioner fails on the trial of the case upon its
merits,
he will pay the adverse party all damages and costs that may
be awarded to him by reason of the issuance of such
injunction or the other proceedings following the petition;
PI does not extinguish/ discharge lien. But such injunction

shall not operate to discharge or extinguish any lien which the
adverse party may have acquired upon the property of the
petitioner.
Execution of judgment is not stayed by mere filing of

appeal from the order dismissing petition for relief. In
order to stay the execution of the judgment after a petition for
relief was denied, it is necessary to obtain a writ of
preliminary injunction. The reason stems from the fact that the
judgment had already become final and executory at the time
the petition for relief was filed. There is no question then, that
unless restrained such judgment could be executed as it would
then be the ministerial duty of the court to issue the writ of
execution and it is the legal duty of respondent sheriffs to
enforce the order of execution. Service Specialists, Inc. v.
Sheriff of Manila
REMEDY FOR DENIAL
When a petition for relief is denied, the remedy therefore is

not an appeal but a petition for certiorari under Rule 65 since
RULE 39: JUDGMENTS ad majorem dei gloriam CIVIL PROCEDURE
RULE 39: limitations, a judgment may be enforced by action. Ting 2. When the judgment has already been executed by
v. Heirs of Diego Lirio the voluntary compliance thereof by the parties.
Execution, Satisfaction and Effect of Cunanan v. CA
Judgments Execution will issue as a matter of right when: 3. When the judgment has been novated by the
parties. Dormitorio v. Fernandez,
1. The judgment has become final and executory. Section
Execution is a process provided by law for the 1, Rule 39
enforcement of a final judgment. It is fruit and end of Note: The parties, despite the existence of a judgment, are
2. Judgment debtor has renounced or waived his right to
suit. A judgment that is left unexecuted is nothing but an at liberty to novate a judgment by entering into a
appeal;
empty victory for the prevailing party. Cagayan de Oro compromise. A compromise is a contract recognized by
3. The period for appeal has lapsed without an appeal
Coliseum v. CA substantive law. (Art. 2028, NCC
having been filed; or
4. Having been filed, the appeal has been resolved and the
Final Judgment. The term “final” is used in two senses 1. When a petition for relief is filed and a
records of the case have been returned to the court of
depending on whether it is used on the issue of appeal preliminary injunction is granted in accordance
origin. Florendo v. Paramount Insurance Corp, now
ability or on the issue of binding effect. Regalado, 2010 with Sec. 5, Rule 38;
MAA General Insurance Inc.
2. When the judgment sought to be executed is
1. For the purposes of appeal- it refers to a judgment conditional or incomplete (Cu Unjieng E Hijos
How issued. Once a judgment becomes final and
that disposes of a case in a manner that leaves v. Mabalacat Sugar Co., et al);
executory, the prevailing party can have it executed as a
nothing more to be done by the court in respect 3. When facts and circumstances transpire which
matter of right, and the issuance of a writ of execution
thereto. In this sense, a final judgment is would render execution inequitable or unjust
becomes the ministerial duty of the court. Buaya v.
distinguished from an interlocutory order which does (Bacharach Corp. v. CA);
Stronghold Insurance Co., Inc.
not finally terminate or dispose of the case. Rudecon 4. When execution is sought against property
Management Corp. v. Singson exempt from execution under Sec. 13, Rule 39;
Note: A judgment becomes "final and executory" by
2. For the purposes of binding effect- the word “final” 5. On equitable grounds, as when there has been
operation of law. Its finality becomes a fact when the
may refer to a judgment that is no longer appealable change in the situation of the parties which
reglementary period to appeal lapses, and no appeal is
and is already capable of being executed because the perfected within such period. Viason Enterprises makes execution inequitable (Luna v. IAC
period for appeal has elapsed without a party having Corporation v. Court of AppealS
perfected an appeal or if there has been an appeal, it Remedy if a Motion for Execution is denied. The
has already been resolved by a highest possible Refusal of the Court to issue a writ of execution remedy is mandamus. The issuance of writ of execution
tribunal. PCGG v. Sandiganbayan. In this sense, the is a ministerial duty of court under Sec. 1 of Rule 39,
judgment is commonly referred to as one that is final General Rule: Execution of judgment is a matter of right compellable by writ of mandamus. Greater Metropolitan
and executory. on the part of the winning party. The court cannot refuse Manila Solid Waste Management Committee v. Jancom
execution. Environmental Corporation
When execution shall issue. A final and executory
judgment or order may be executed on motion within Exceptions: Discretionary Execution. It constitutes an exception to
five (5) years from the date of its entry. After the lapse of 1. When execution is sought more than 5 years from the rule that a judgment cannot be executed before the
such time, and before it is barred by the stature of its entry without the judgment having been revived; lapse of the period for appeal or during the pendency of
an appeal. The execution of a judgment under this Florendo v. Paramount Insurance Corp, now of the judgment or order allowed to be executed in case
concept is addressed to the discretionary power of the MAA General Insurance Inc. it shall be finally sustained in whole or in part. The bond
court and cannot be insisted upon. Discretionary thus given may be proceeded against on motion with
execution may only issue upon good reasons to be stated Instances when judgment may issue before judgment notice to the surety. Section 3, Rule 39
in a special order after due hearing. Section 2, Rule 39 has become executory and before the appeal was
perfected Modes of execution of final and executory judgment
Note: “Good reasons” have been held to consist of 1. Where the lapse of time would make the ultimate or order and revived Judgment
compelling circumstances that justify immediate judgment ineffective, as where the debtors were 1. Execution by motion if the enforcement of the
execution lest the judgment becomes illusory. withdrawing their business and assets from the judgment is sought within 5 years from the date of its
Circumstances must be superior, outweighing the injury country; entry; and
or damages that might result should the losing party 2. Where the appeal is clearly dilatory; 2. Execution by independent action if the five year
secure a reversal of the judgment. Florendo v. 3. Where the judgment is for support and the period has elapsed and before it is barred by statute of
Paramount Insurance Corp beneficiary is in need thereof; limitations which is ten (10) years from entry under
4. Where the articles subject of the case would Art. 1144 (3) of the Civil Code. This action is a
deteriorate; personal one and not quasi in rem. Section 6, Rule 39
Requisites for discretionary execution 5. Where the defendants are exhausting their income
1. There must be a motion filed by the prevailing and have no other property aside from the proceeds Note: The date of finality of judgment or final order
party with notice to the adverse party of a property subject of the action; shall be deemed to be the date of its entry. Entry of
2. There must be a hearing of the motion for 6. Where the judgment debtor is in imminent danger judgment means the ministerial recording of a court's
discretionary execution; of insolvency or is actually insolvent; final decision, usually by noting it in a judgment book or
3. There must be good reasons to justify the 7. Where the prevailing party is of advanced age and civil docket. Black’s Law Dictionary, 8thed
discretionary execution; and in a precarious state of health, and the obligation in
4. The good reasons must be stated in a special the judgment is non-transmissible; and However, if the judgment is based upon a compromise
order. Section 2, Rule 39 8. Where the case involved escrow deposits and the which is immediately final and executory, prescription
prevailing party posts sufficient bond to answer for runs from the date of its rendition and not from date of
Instances when execution is discretionary damages in case of reversal of the judgment. entry. Jacinto v IAC
1. Execution pending appeal; Regalado, 2008
2. While trial court has jurisdiction over the case and Judgments or final orders that are immediately final and
is in possession of either the original record or Remedy when the judgment is reversed or annulled. executory:
record on appeal; The trial court may, on motion, issue such orders of 1. Judgments in summary judicial proceedings in
3. When trial court has lost jurisdiction but has not restitution or reparation of damages as equity and justice the family law. Article 247 of the Family Code
transmitted records of the case to the appellate may warrant under the circumstances. Section 5, Rule 39 2. Compromise Judgments;
court; 3. Judgments for direct contempt Section 2, Rule 71
4. When trial court has lost jurisdiction and has Staying the discretionary execution. It may be stayed 4. Judgments in cases covered by the Rule of
transmitted records (motion for execution pending upon approval by the proper court of a sufficient Procedure for Small Claims Cases. Section 23,
appeal with appellate court); and supersedeas bond filed by the party against whom A.M. No. 08-8-7-SC)
5. Execution of several, separate or partial judgment. execution is directed, conditioned upon the performance
Staying the period to execute judgment. The period to b. In case of the death of the judgment obligor, against Contents of a writ of execution
execute the judgment may be stayed by: his executor or administrator or successor in interest, The writ of execution is issued in the name of the
1. Agreement of the parties; if the judgment be for the recovery of real or personal Philippines and shall state:
2. Injunction; property, or the enforcement of a lien thereon; 1. The name of the court which granted the motion;
3. Taking an appeal or writ of error c. In case of the death of the judgment obligor, after 2. The case number;
execution is actually levied upon any of his property, 3. The dispositive portion of the judgment or order
Effect of an appeal to the execution of the judgment the same may be sold for the satisfaction of the subject of the execution; and
judgment obligation, and the officer making the sale 4. Shall require the sheriff or other proper officer to
General Rule: An appeal perfected in due time stays the shall account to the corresponding executor or whom it is directed to enforce the writ according
execution of a judgment. administrator for any surplus in his hands. Section 7, to its terms, in the manner hereinafter provided:
Rule 39 a. If the execution be against the property of
Exceptions: There are judgments which by express the judgment obligor, to satisfy the
provision of law are not stayed by appeal: Writ of execution. It is a judicial writ issued to an judgment, with interest, out of the real or
1. Those judgments which by express provision of officer authorizing him to execute the judgment of the personal property of such judgment
the rules are immediately executory and are not court. obligor;
stayed by appeal Section 4, Rule 39), such as b. If it be against real or personal property in
judgment for injunction, receivership, accounting • Under Supreme Court Circular No. 24-94, a the hands of personal representatives,
and support unless the court rules otherwise or Motion for the Issuance of a Writ of Execution heirs, devisees, legatees, tenants, or
the appellate court on appeal suspends, modifies, must contain a notice to the adverse party. trustees of the judgment obligor, to satisfy
restores or grants the same. Judgments appealed Execution shall issue as a matter of right, on the judgment, with interest, out of such
under Rule 43 are not stayed unless ordered by motion, upon a judgment or order that disposes of property;
the Court; the action or proceeding upon the expiration of c. If it be for the sale of real or personal
2. Those judgments that have become the object of the period to appeal therefrom if no appeal has property, to sell such property, describing
discretionary execution. Section 2, Rule 39 been duly perfected. it, and apply the proceeds in conformity
with the judgment, the material parts of
Defenses available in an action for enforcement Lifetime of a writ of execution which shall be recited in the writ of
1. Prescription; Section 6, Rule 39 execution;
2. Satisfaction of claim; and d. If it be for the delivery of the possession
3. Counterclaims. 1. A final and executory judgment or order may be of real or personal property, to deliver the
executed on motion within five (5) years from the possession of the same, describing it, to
date of its entry. After the lapse of such time, and the party entitled thereto, and to satisfy
Execution in case of death of party. In case of death of
before it is barred by the statute of limitations, a any costs, damages, rents, or profits
a party, execution may issue or be enforced in following
judgment may be enforced by action. covered by the judgment out of the
manner:
2. The revived judgment may also be enforced by personal property of the person against
a. In case of the death of the judgment obligee, upon
motion within five (5) years from the date of its whom it was rendered, and if sufficient
the application of his executor or administrator, or
entry and thereafter by action before it is barred personal property cannot be found, then
successor in interest;
by the statute of limitations. out of the real property; and
e. In all cases, the writ of execution shall debtor including bank deposits, financial interests, 5. Judgments for the delivery of personal property.
specifically state the amount of the royalties, commissions and other personal property Section 10, Rule 39
interest, costs, damages, rents, or profits not capable of manual delivery in the possession or
due as of the date of the issuance of the con troll of third parties. This is called garnishment Remedy when a party refuses to comply with the
writ, aside from the principal obligation Section 9, Rule 39 judgment
under the judgment. For this purpose, the 1. Vacate the property – The sheriff must oust the
motion for execution shall specify the Procedure in garnishment party. A demolition order from the court is
amounts of the foregoing reliefs sought by required to effect removal of an improvement
the movants Section8, Rule 39 1. A notice is served upon the third person or constructed by the defeated party;
garnishee having in possession or control of the 2. Deliver – The sheriff will take possession and
EXECUTION OF JUDGMENTS FOR MONEY credits in favor of the judgment obligor; deliver it to the winning party; and
2. The garnishee shall make a written report to the 3. Comply – The court can appoint some other
Three ways to enforce a judgment for money court within 5 days from service of notice of person at the expense of the disobedient party and
1. Immediate payment on demand; garnishment stating whether or not the judgment the act shall have the same effect as if the
2. Satisfaction by levy; and obligor has sufficient funds to satisfy the required party performed it.
3. Garnishment of debts and credits. judgment. If sufficient, the garnishee shall deliver
the amount in cash or certified check shall be Execution of judgments for specific act.
Steps in executing a judgment for money delivered directly to the judgment obligee within
1. The officer shall demand from the obligor the 10 working days from service of notice on (a) Conveyance, delivery of deeds, or other specific
immediate payment of the full amount stated in garnishee; acts; vesting title. If a judgment directs a party to
the judgment including the lawful fees in cash, 3. The lawful fees shall be directly paid to the court; execute a conveyance of land or personal property, or to
certified check payable to the judgment oblige or 4. If the amount is insufficient, the garnishee shall deliver deeds or other documents, or to perform any
any other form of payment acceptable to him; make a report as to the amount he holds for the other specific act in connection therewith, and the party
1. If the judgment obligor cannot pay all or part of the judgment creditor. Section 9, Rule 39 fails to comply within the time specified, the court may
obligation in cash, certified check or other mode of direct the act to be done at the cost of the disobedient
payment, the officer shall levy upon the properties of EXECUTION OF JUDGMENTS FOR SPECIFIC party by some other person appointed by the court and
the judgment obligor. The judgment obligor shall ACTS the act when so done shall have like effect as if done by
have the option to choose which property or part the party. If real or personal property is situated within
thereof may be levied upon. If the judgment obligor Specific Acts the Philippines, the court in lieu of directing a
does not exercise the option, the officer shall first levy conveyance thereof may by an order divest the title of
on the personal properties, if any, and then on the real 1. Conveyance, delivery of deeds, or other specific acts any party and vest it in others, which shall have the force
properties if the personal properties are insufficient to vesting title; and effect of a conveyance executed in due form of law.
answer for the personal judgment but the sheriff shall 2. Sale of real or personal property;
sell only so much of the property that is sufficient to 3. Delivery or restitution of real property; (b) Sale of real or personal property. If the judgment
satisfy the judgment and lawful fees; 4. Removal of improvements on property subject of be for the sale of real or personal property, to sell such
2. The officer may levy on the debts due the judgment execution; and
property, describing it, and apply the proceeds in Special judgment. One which requires the performance judgment creditors; or
conformity with the judgment. of any act, other than the payment of money or the sale 4. Independent reivindicatory action Section 16,
or delivery of real or personal property, which a party Rule 39
(c) Delivery or restitution of real property. The officer must personally do because his personal qualifications
shall demand of the person against whom the judgment and circumstances have been taken into consideration NOTE: The remedies are cumulative and may be
for the delivery or restitution of real property is rendered Section 11, Rule 39 resorted to by the third-party claimant independently of
and all persons claiming rights under him to peaceably or separately from the others. Availment of the terceria
vacate the property within 3 working days, and restore Effect of failure to comply with special judgments. is not a condition sine qua non to the institution of
possession thereof to the judgment obligee; otherwise, Failure to comply with special judgment under Sec. 11 is “separate action”. Imani v. Metropolitan Bank & Trust
the officer shall oust all such persons therefrom with the punishable by imprisonment. Section 11, Rule 39 Company
assistance, if necessary, of appropriate peace officers,
and employing such means as may be reasonably How executed. When a judgment requires the PROPERTIES EXEMPT FROM EXECUTION
necessary to retake possession, and place the judgment performance of any act other than those mentioned in the
obligee in possession of such property. Any costs, two preceding sections, a certified copy of the judgment 1. The judgment obligor’s family home as provided
damages, rents or profits awarded by the judgment shall shall be attached to the writ of execution and shall be by law, or the homestead in which he resides, and
be satisfied in the same manner as a judgment for served by the officer upon the party against whom the land necessarily used in connection therewith;
money. same is rendered, or upon any other person required 2. Ordinary tools and implements personally used
thereby, or by law, to obey the same, and such party or by him in his trade, employment or livelihood;
(d) Removed of improvements on property subject of person may be punished for contempt if he disobeys such 3. 3 horses, cows, or carabaos, or other beasts of
execution. When the property subject of the execution judgment. Section 11, Rule 39 burden, such as the judgment obligor may select
contains improvements constructed or planted by the necessarily used by him in his ordinary
judgment obligor or his agent, the officer shall not EFFECT OF LEVY ON THIRD PERSONS occupation;
destroy, demolish or remove said improvements except 4. His necessary clothing and articles for ordinary
upon special order of the court, issued upon motion of It creates a lien in favor of the judgment obligee over the personal use, excluding jewelry;
the judgment obligee after due hearing and after the right, title and interest of the judgment obligor in such 5. ousehold furniture and utensils necessary for
former has failed to remove the same within a reasonable property at the time of the levy, subject to liens and housekeeping, and used for that purpose by the
time fixed by the court. encumbrances then existing. Section 12, Rule 39 judgment obligor and his family, such as the
judgment obligor may select, of a value not
(e) Delivery of personal property. In judgments for the Remedies available to a third-party claimant in levy exceeding Php 100,000;
delivery of personal property, the officer shall take of real property 6. Provisions for individual or family use sufficient
possession of the same and forthwith deliver it to the for 4 months;
party entitled thereto and satisfy any judgment for money 1. Summary hearing before the court which 7. The professional libraries and equipment of
as therein provided. Section 10, Rule 39 authorized the execution; judges, lawyers, physicians, pharmacists,
2. Terceria or athird -party claim filed with the dentists, engineers, surveyors, clergymen,
EXECUTION OF SPECIAL JUDGMENTS sheriff; teachers, and other professionals, not exceeding
3. Action for damages on the bond posted by Php 300,000 in value;

8. 1 fishing boat and accessories not exceeding the 3. Makes an affidavit of his title thereto or right to such bond is filed. Nothing herein contained shall
total value of Php 100,000 owned by a fisherman the possession thereof stating the grounds of such prevent such claimant or any third person from
and by the lawful use of which he earns his right or title; and vindicating his claim to the property in a separate action,
livelihood; 4. Serves the same upon the officer making the levy or prevent the judgment obligee from claiming damages
9. So much of the salaries, wages, or earnings of the and the judgment oblige. Section 16, Rule 39 in the same or a separate action against a third-party
judgment obligor for his personal services within claimant who filed a frivolous or plainly spurious claim
the 4 months preceding the levy as are necessary PROCEEDINGS WHERE PROPERTY IS (Ibid.
for the support of his family; CLAIMED BY THIRD PERSONS
10. Lettered gravestones; When the writ of execution is issued in the Name of
11. Monies, benefits, privileges, or annuities accruing The third-party should make an affidavit of his title the Republic of the Philippines. When the writ of
or in any manner growing out of any life thereto, or right of possession thereof, and should serve execution is issued in favor of the Republic of the
insurance; such affidavit upon the sheriff and a copy thereof to the Philippines, or any officer duly representing it, the filing
12. The right to receive legal support, or money or judgment obligee Section 16, Rule 39 of such bond shall not be required, and in case the sheriff
property obtained as such support, or any pension or levying officer is sued for damages as a result of the
or gratuity from the government; and Duty of the officer if the property sought to be levied levy, he shall be represented by the Solicitor General and
13. Properties specially exempted by law. on is claimed by another person and proper proof of if held liable therefor, the actual damages adjudged by
ownership or possession is served such officer. If the the court shall be paid by the National Treasurer out of
Note: No article or species of property mentioned above property levied on is claimed by any person other than such funds as may be appropriated for the purpose (Ibid.
shall be exempt from execution issued upon a judgment the judgment obligor or his agent, and such person
recovered for its price or upon a judgment of foreclosure makes an affidavit of his title thereto or right to the Penalty for selling without notice, or removing or
of a mortgage hereon. Section 13, Rule 39 possession thereof, stating the grounds of such right or defacing notice. An officer selling without the notice
title, and serves the same upon the officer making the prescribed by section 15 of this Rule shall be liable to
Judgment obligor’s family home as provided by law. levy and a copy thereof upon the judgment obligee, the pay punitive damages in the amount of P5,000.00 to any
It is not sufficient that the person claiming exemption officer shall not be bound to keep the property, unless person injured thereby, in addition. to his actual
merely alleges that such property is a family home. This such judgment obligee, on demand of the officer, files a damages, both to be recovered by motion in the same
claim for exemption must be set up and proved to the bond approved by the court to indemnify the third-party action; and a person willfully removing or defacing the
Sheriff. Failure to do so would estop the party from later. claimant in a sum not less than the value of the property notice posted, if done before the sale, or before the
levied on. In case of disagreement as to such value, the satisfaction of the judgment if it be satisfied before the
When to file a third-party claim same shall be determined by the court issuing the writ of sale, shall be liable to pay P5, 000.000 to any person
At any time, so long as the sheriff has the possession of execution. No claim for damages for the taking or injured by reason thereof, in addition to his actual
the property levied upon, or before the property is sold keeping of the property may be enforced against the damages, to be recovered by motion in the same action.
under execution Section 14, Rule 57 bond unless the action therefor is filed within 120 days Section 17, Rule 39
from the date of the filing of the bond Section 16, Rule
Requisites for a claim by a third person 39 No sale if judgment and costs paid. At any time before
1. The property is levied; the sale of property on execution, the judgment obligor
2. The claimant is a person other than the judgment The officer shall not be liable for damages for the taking may prevent the sale by paying the amount required by
obligor or his agent; or keeping of the property, to any third-party claimant if
the execution and the costs that have been incurred the proceeds of the execution, unless the execution has Such certificate conveys to the purchaser all the rights
therein. Section 18, Rule 39 been fully satisfied, in which event such proceeds shall which the judgment obligor had in such property as of
be for the benefit of the judgment obligor. The officer the date of the levy on execution or preliminary
How property sold on execution; who may direct may thereafter reject any subsequent bid of such attachment. Section 24, Rule 39
manner and order of sale. All sales of property under purchaser who refuses to pay. Section 20, Rule 39 Conveyance of real property; certificate thereof given
execution must be made at public auction, to the highest to purchaser and filed with registry of deeds. Upon a
bidder, to start, at the exact time fixed in the notice. After Judgment obligee as purchaser. When the purchaser is sale of real property, the officer must give to the
sufficient property has been sold to satisfy the execution, the judgment obligee, and no third-party claim has been purchaser a certificate of sale containing:
no more shall be sold and any excess property or filed, he need not pay the amount of the bid if it does not 1. A particular description of the real property sold;
proceeds of the sale shall be promptly delivered to the exceed the amount of his judgment. If it does, he shall 2. The price paid for each distinct lot or parcel;
judgment obligor or his authorized representative, unless pay only the excess. Section 21, Rule 39 3. The whole price paid by him;
otherwise directed by the judgment or order of the court. 4. statement that the right of redemption expires 1
When the sale is of real property, consisting of several Adjournment of sale. By written consent of the year from date of the registration of the certificate
known lots, they must be sold separately; or, when a judgment obligor and obligee, or their duly authorized of sale.
portion of such real property is claimed by a third representatives, the officer may adjourn the sale to any
person, he may require it to be sold separately. When the date and time agreed upon by them. Without such Such certificate must be registered in the registry of
sale is of personal property capable of manual delivery, it agreement, he may adjourn the sale from day to day if it deeds of the place where the property is situated. Section
must be sold within view of those attending the same and becomes necessary to do so for lack of time to complete 25, Rule 39
in such parcels as are likely to bring the highest price. the sale on the day fixed in the notice or the day to which
The judgment obligor, if present at the sale, may direct it was adjourned. Section 22, Rule 39 Certificate of sale where property claimed by third
the order in which property, real or personal, shall be person. When a property sold by virtue of a writ of
sold, when such property consists of several known lots Conveyance to purchaser of personal property execution has been claimed by a third person, the
or parcels which can be sold to advantage separately. capable of manual delivery. When the purchaser of any certificate of sale to be issued by the sheriff pursuant to
Neither the officer conducting the execution sale, nor his personal property, capable of manual delivery, pays the sections 23,24 and 25 of this Rule shall make express
deputies, can become a purchaser, nor be interested purchase price, the officer making the sale must deliver mention of the existence of such third-party claim.
directly or indirectly in any purchase at such sale. the property to the purchaser and, if desired, execute and Section 26, Rule 39
Section 19, Rule 39 deliver to him a certificate of sale. The sale conveys to
the purchaser all the rights which the judgment obligor RULES ON REDEMPTION
Refusal of purchaser to pay. If a purchaser refuses to had in such property as of the date of the levy on
pay the amount bid by him for property struck off to him execution or preliminary attachment. Section 23, Rule Availability of the right of redemption. There is no
at a sale under execution, the officer may again sell the 39 right of redemption as to personal properties for the sale
property to the highest bidder and shall not be is absolute. Such right is available only to real properties
responsible for any loss occasioned thereby; but the court Conveyance to purchaser of personal property not Section 27, Rule 39
may order the refusing purchaser to pay into the court the capable of manual delivery. When the purchaser of any
amount of such loss, with costs, and may punish him for personal property, not capable of manual delivery, pays NOTE: The period of redemption is not suspended by an
contempt if he disobeys the order. The amount of such the purchase price, the officer making the sale must action to annul the foreclosure sale. The periods for
payment shall be for the benefit of the person entitled to execute and deliver to the purchaser a certificate of sale.
redemption are not extendible; but the parties may agree against the judgment debtor; or
on a longer period, in such case, it would be a 1. To remain in possession of the property until the 3. Bring an action to recover possession of property
conventional redemption. expiration of period of redemption; Section 34, Rule 39
Person/party to redeem the real property sold. Real 2. To collect rents and profits until the expiration of
property sold, or any part thereof sold separately, may be period of redemption Section 32, Rule 39); EXAMINATION OF JUDGMENT OBLIGOR
redeemed by the following persons: 3. To use the property in the same manner it was WHEN JUDGMENT IS UNSATISFIED
1. Judgment obligor, or his successor-in-interest in the previously used;
whole or any part of the property; 4. To make necessary repairs; and 1. The judgment creditor may cause examination of the
2. Redemptioner – a creditor having a lien by virtue of an 5. Use it in the ordinary course of husbandry judgment debtor as to his property and income
attachment, judgment or mortgage on the property Section 31, Rule 39 Section 36, Rule 39);
sold, or on some part thereof, subsequent to the lien 2. The judgment creditor may cause examination of the
under which the property was sold [Sec 27(b), Rule Purchaser entitled to possession and conveyance of debtors of the judgment debtor as to any debt owed by
39]. the property sold on Execution. The purchaser is him or to any property of the judgment debtor in his
entitled to possession and conveyance of the property if possession Section 37, Rule 39);
Note: There is no right of redemption in judicial no redemption is made within 1 year from the date of the 3. If the court finds, after examination, that there is
foreclosure of mortgage under Rule 68. The right of registration of the certificate of sale Section 33, Rule 39 property of the judgment debtor either in his own
redemption exists only in execution sales and hands or that of any person, the court may order the
extrajudicial foreclosures where there is always a right of Instances when the purchaser may recover the property applied to the satisfaction of the judgment
redemption. Santos v. Register of Deeds purchase price from the judgment obligor Section 37, Rule 39);
1. If the purchaser or his successor-in-interest fails 4. If the court finds the earnings of the judgment debtor
Requirements for the redemptioner or judgment to recover possession of the property sold on are more than sufficient for his family’s needs, it may
obligor to redeem the real property. The judgment execution sale; or order payment in fixed monthly installments Section
obligor, or redemptioner, may redeem the property from 2. Is evicted due to: 40, Rule 39);
the purchaser at any time within 1 year from the date of a. Irregularities in the proceedings 5. The court may appoint a receiver for the property of
the registration of the certificate of sale by paying the concerning the sale; the judgment debtor not exempt from execution or
purchaser: b. Reversal or setting aside of judgment; forbid a transfer or disposition or interference with
1. The amount of his purchase; c. The fact that the property was exempt such property Section 41, Rule 39);
2. Amount of any assessments or taxes which the from execution; or 6. If the court finds that the judgment debtor has an
purchaser may have paid after purchase; d. If a third person has vindicated his claim ascertainable interest in real property either as
3. If the purchaser be also a creditor having a prior to the property. mortgagor, mortgagee, or otherwise, and his interest
lien to that of the redemptioner, other than the can be ascertained without controversy, the court may
judgment under which such purchase was made, Remedy of a purchaser of real property sold on order the sale of such interest Section 42, Rule 39);
the amount of such other lien; and execution in instances when purchaser may recover and
4. With 1 percent per month interest up to the time the purchase price 7. If the person alleged to have the property of the
of redemption Section 28, Rule 39 1. Bring an action against the judgment creditor; judgment debtor or be indebted to him, claims an
Rights of a judgment debtor 2. File a motion for revival of judgment in his name adverse interest in the property, or denies the debt, the
court may authorize the judgment creditor to institute EFFECT OF JUDGMENTS OR FINAL ORDERS General Rule: Trial court has ministerial duty to order
an action to recover the property, forbid its transfer execution of final and executory judgments. It cannot
and may punish disobedience for contempt Section 1. If judgment or final order is on a specific thing, refuse execution and is compellable by mandamus.
43, Rule 39 the same is conclusive upon the title to thing;
8. 2. If judgment or final order is in respect to the Exceptions: Same as the grounds to quash a writ of
Entry of satisfaction of judgment by clerk of court. probate of a will, or the administration of the execution.
Satisfaction of a judgment shall be entered by the clerk estate of a deceased person, the same is 1. Change in the situation of the parties which
of court in the court docket, and in the execution book conclusive upon the will or administration but the makes the execution inequitable or unjust;
upon the return of a writ of execution showing the full probate of the will or the granting of letters of 2. Writ of execution varies judgment;
satisfaction of the judgment, or upon the filing of an administration shall only be prima facie evidence 3. Controversy was never submitted to the judgment
admission to the satisfaction of the judgment executed of the death of the testator or intestate and not a of the court;
and acknowledged in the same manner as a conveyance conclusive presumption of death; 4. Execution is sought against property exempt from
of real property by the judgment obligee or by his 3. If judgment or final order is in respect to the execution;
counsel unless a revocation of his authority is filed, or personal, political or legal condition or status of a 5. Terms of the judgment are not clear and leaves
upon the endorsement of such admission by the particular person or his relationship to another, room for interpretation;
judgment obligee or his counsel on the face of the record the judgment or final order is conclusive upon the 6. Writ of execution is improvidently issued;
of the judgment. Section 44, Rule 39 condition, status or relationship; 7. Writ of execution is defective in substance;
4. In other cases, if the judgment be with respect to 8. Writ of execution is issued against the wrong
Entry of satisfaction with or without admission. — the matter directly adjudged or as to any other party;
Whenever a judgment is satisfied in fact, or otherwise matter that could have been raised in relation 9. Judgment debtor has been paid or otherwise
than upon an execution, on demand of the judgment thereto, the judgment or final order is conclusive satisfied; and
obligor, the judgment obligee or his counsel must between the parties and their successors-in- 10. Writ of execution was issued without authority.
execute and acknowledge, or indorse, an admission of interest by title subsequent to the commencement
the satisfaction as provided in the last preceding section, of the action or special proceeding, litigating for Note: In the above exceptions, the proper remedy is
and after notice and upon motion the court may order the same thing and under the same title and the petition for certiorari under Rule 65.
either the judgment obligee or his counsel to do so, or same capacity, relationship; and
may order the entry of satisfaction to be made without 5. In any other litigation between the same parties Instances when execution of final and executory
such admission. Section 45, Rule 39 or their successors-in-interest, that only is judgment is allowed
deemed to be adjudged in a former judgment or
When principal bound by judgment against surety. When final order which appear upon its face to have 1. Upon filing of a petition for relief from judgment;
a judgment is rendered against a party who stands as been adjudged or which was actually and 2. Attack against a judgment which is void for lack
surety for another, the latter is also bound from the tune necessarily included therein or necessary thereto of jurisdiction, or obtained through fraud;
that he has notice of the action or proceeding, and an Section 47, Rule 39 3. On equitable grounds; and
opportunity at the surety’s request to join in the defense. 4. In cases falling under the 10 exceptions above
Section 46, Rule 39 Refusal to issue writ of execution after judgment has
become final Modifying final and executory judgments
same or not. Prudential Bank v. Mauricio
General Rule: Final and executory judgments cannot be
amended or modified. Any amendment which Effect of a Foreign Order (2007 Bar)
substantially affects a final and executory judgment is
null and void for lack of jurisdiction. 1. Against a specific thing – conclusive upon title to the
thing.
Exceptions: Judgment may be modified as to: 2. Against a person – presumptive evidence of a right as
1. Clerical errors or mistakes - errors not as a result between the parties and their successors-in- interest
of exercise of judicial functions; by a subsequent title Section 48, Rule 39
2. To clarify ambiguity;
3. To enter nunc pro tunc orders – to make a present Note: In both instances, the judgment may be repelled by
record of an order which the court rendered at a evidence of want of jurisdiction, notice, collusion, fraud,
previous time but, by inadvertence has not been or clear mistake of law or fact.
entered; and
4. In judgments for support which can always be Enforcement of a judgment of a foreign court (2007
amended from time to time, in light of the Bar Judgment of foreign courts may only be enforced in
circumstances of the parties. Regalado 2009 the Philippines through an action validly heard in a RTC.
Thus, it is actually the judgment of the Philippine court
Requisites of Res Judicata enforcing the foreign judgment that shall be executed.
1. Former judgment or order must be final and
executory;
2. Court has jurisdiction over subject matter and
parties;
3. Former judgment or order was on merits;
4. Identity of parties, subject matter, and cause of
action between first and second action
Two Aspects of Res Judicata
Any right, fact or matter in issue directly adjudicated or

necessarily involved in the determination of an action
before a competent court in which a judgment or decree
is rendered on the merits is conclusively settled by the
judgment therein and cannot again be litigated between
the parties and their privies whether the claim or
demand, purpose or subject matter of the two suits is the
GENERAL PRINCIPLES ON court,when adopted and affirmed by the CA, are final and case or to serve the interests of justice or to avoid dispensing
conclusive and may not be reviewed on appeal. Bacalso v piecemeal justice. Asian Terminals Inc, v NLRC
APPEALS Aca-ac
Harmless error rule; harmless errors to do not warrant
Issues raised for the first time on appeal cannot be raised the reversal of the lower court’s decision. There are errors
Appeal; a statutory privilege. The right to appeal is not part for the first time on appeal. Raising a new ground for the committed by the trial court which do not affect the
of due process but a mere statutory privilege that has to be first time on appeal contravenes due process as the act substantial rights of the parties. These errors are harmless and
exercised only in the manner and in accordance with the deprives the adverse party of the a opportunity to contest do not require the automatic reversal of the judgment of the
provisions of law. Stolt- Nielsen v. NLRC assertion of the claimant. Heirs of Gilberto Roldan v Heirs of lower court. Hence, even if an evidence has been improperly
Solvela Roldan admitted by the trial court, the error will be disregarded on
• The right to appeal is not a constitutional, natural or appeal if the impact of the evidence on the case is slight and in
inherent right. It is a statutory privilege and of • So where the original theory of the case is nullity of a significant. Riano, 2019.
statutory origin. It is available only if granted or as mortgage, a party can no longer raise a new theory on
provided by statutes. Yu v. SamsonTatad appeal that is not connected with the theory invoked Appeal in criminal cases; whole case open for review. In
in the trial court. If the new theory is allowed, the criminal cases, an appeal opens the entire case for review.
Appeal. An appeal is a proceeding undertaken to have a adverse party has no more opportunity to rebut the Thus, it is the duty of the reviewing tribunal to correct, cite,
decision reconsidered by bringing it to a higher court new claim with contrary evidence because the trial and appreciate errors in the appealed judgment whether they
authority. The right to appeal is neither a natural right nor is a stage has already been terminated. Cahayag v are assigned or unassigned. The appeal confers upon the
component of due process. It is a mere statutory privilege, and Commercial Credit Corporation appellate court full jurisdiction over the case and renders such
may be exercised only in the manner and in accordance with court competent to examine records, revise the judgment
the provisions of law. People v Hilario • Objections relating to non-compliance with the appealed from, increase the penalty, and cite the proper
verification and certification of non-forum shopping provision in criminal law. People v Diputado
Appeal. An appeal is used to correct errots of judgments of a requirements should not be raised for the first time on
lower court or tribunal such as errors in the application of appeal. GSIS Family Bank- Thrift Bank v BPI Family Payment of prescribed fees for appeal mandatory and
rules of evidence, in the appreciation of the crediblity of the Bank jurisdictional; non-payment ground for dismissal. The
witnesses or in the appreciation of the facts of the case. Riano, payment of docket and other legal fees within the prescribed
2019 Appellee cannot assign errors. The role of the appellee is period is both mandatory and jurisdictional. Non-compliance
merely confined to the task of refuting the assigned errors is fatal to the appeal because non-payment of the full amount
Findings of trial courts on the credibility of witnesses interposed by the appellant. It is highly erroneous for the thereof to the clerk of court of the court which rendered the
deserve a high degree of respect. Having observed their appellee to either assign any error or seek any affirmative judgment or final appealed from does not perfect an appeal,
deportment in court, the trial judge is in a position to relief or modification of the lower court’s judgment without thereby rendering the decision final and executory. Non-
determine the issue of credibility. For this reason, the findings interposing his own appeal. Cruz v MIAA payment of said fees is a ground for dismissal of appeal. Cu-
of trial judges will not be disturbed on appeal in the absence Unjieng v Court of Appeals
of any clear showing that they have overlooked, Generally, appellate courts cannot consider errors not
misunderstood or misapplied some facts or circumstances of raised in the assignment of errors. However, jurisprudence • Non-payment ground for discretionary dismissal.
weight and substance that could have altered the judgment. holds that an appellate court has broad discretionary powers to The non-payment of the prescribed fees does not
People v Caballero waive the proper lack of assignment of errors and to consider amount to an automatic dismissal but only
errors not assigned, provided it finds that the consideration is discretionary dismissal of the appeal. Such power
Factual findinds of the lower court, when approved by necessary in arriving at a complete and just resolution of the must be exercised in accordance with the tenets of
CA, are conclusive. The factual findings of the trial justice and fair play and with a great deal of
circumspection of the attendant circumstances. Co It v of the record within the time
Co limited by the court in its
Withdrawal of appeal; matter of right or discretionary. order
Before the filing of the appellee’s brief, the withdrawal is a Failure of the appellant to Failure to comply with any
matter of right. However, after such brief is filed, the appear at the preliminary circular, directive or order of
withdrawal may be allowed in the discretion of the court. conference under Rule 48 or the Supreme Court without
Section 3, Rule 50 to comply with orders, justifiable cause;
circulars, or directives of the
Dismissal of appeal court without justifiable
cause
Dismissal by CA Dismissal by SC The fact that the order or The fact that the case is not
Section 1, Rule 50 Section 5, Rule 56 judgment appealed from is appealable to the Supreme
Failure of the record on not appealable Court
appeal to show on its face Lack of merit in the petition
that the appeal was taken Failure to comply with the
within the period fixed by requirements regarding proof
these Rules of service and contents of and
Failure to file the notice of Failure to take the appeal the documents which should
appeal or the record on within the reglementary accompany the petition
appeal within the period period Error in the choice or mode
prescribed by these Rules of appeal
Failure of the appellant to pay Failure to pay the requisite
the docket and other lawful docket fee and other lawful
fees fees or to make a deposit for
costs
Unauthorized alterations,
omissions or additions in the
approved record on appeal
Failure of the appellant to
serve and file the required
number of copies of his brief
or memorandum within the
time provided by these Rules
Absence of specific
assignment of errors in the
appellant's brief, or of page
references to the record
Failure of the appellant to
take the necessary steps for
the correction or completion
Rule 40: appeal from mtc to rtc ad majorem dei gloriam CIVIL PROCEDURE
RULE 40: Perfection of appeal; effect thereof. The perfection of the 1. the parties to the appeal,
appeal and the effect thereof shall be governed by the 2. the judgment or final order or part thereof appealed
APPEAL FROM MTCs TO THE RTCs provisions of section 9, Rule 41. Section 4, Rule 40 from, and
1. Where to appeal 3. the material dates showing the timeliness of the
2. When to appeal • A party’s appeal by notice of appeal is deemed appeal.
3. How to appeal perfected as to him upon the filing of the notice of
4. Procedure in the MTC appeal in due time. Section 9, Rule 41 • Joval. In view of Section 9, Rule 40 in relation to
5. Procedure in the RTC Section 5, Rule 41, does it mean that the court to
6. Appeal when MTC dismissed the case w/o trial for WHEN TO APPEAL which the appeal is being taken must also be
lack of jurisdiction Section 2, Rule 40 specified?
Applicability of Rule 41. The other provisions of Rule 41 15 days after notice. An appeal may be taken within fifteen Record on appeal. A record on appeal shall be required only
shall apply to appeals provided for herein insofar as they are (15) days after notice to the appellant of the judgment or final in:
not inconsistent with or may serve to supplement the order appealed from. 1. special proceedings and
provisions of this Rule. Section 9, Rule 40. 2. in other cases of multiple or separate appeals.
30 days from notice if record on appeal is required. Where
WHERE TO APPEAL a record on appeal is required, the appellant shall file a notice The form and contents of the record on appeal shall be as
Section 1, Rule 40 of appeal and a record on appeal within thirty (30) days after provided in section 6, Rule 41.
notice of the judgment or final order.
RTC w/ jurisdiction over the area. An appeal from a Copies of NoA and service thereof. Copies of the notice of
judgment or final order of a Municipal Trial Court may be Running of the period is interrupted by MR or MNT. The appeal, and the record on appeal where required, shall be
taken to the Regional Trial Court exercising jurisdiction over period of appeal shall be interrupted by a timely motion for served on the adverse party.
the area to which the former pertains. new trial or reconsideration.
• No motion for extension of time to file a motion for Notice of appeal for notification; not to seek permission.
• Same case title; designation of the parties changed. new trial or reconsideration shall be allowed. The notice of appeal does not require the approval of the
The title of the case shall remain as it was in the court court. Its function is merely to notify the trial court that the
of origin, but the party appealing the case shall be HOW TO APPEAL appellant was availing of the right to appeal, and not to seek
further referred to as the appellant and the adverse Section 3, Rule 40 the court’s permission that he be allowed to pose an appeal.
party as the appellee. The trial court’s only duty with respect to a timely notice of
An appeal is taken by: appeal is to transmit the original record of the case to the
• Exception; cadastral and land registration. 1. Filing a notice of appeal appellate court. Crisologo v Daray
However, when the MTC renders a judgment in the 2. Serving a copy of the notice and record on the adverse
exercise of its delegated jurisdiction in cadastral and party PROCEDURE IN THE MTC
land registration cases, its decision shall be appealable
in the same manner as decision of the RTC Notice of appeal to court of origin. The appeal is taken by 1. Payment of appellate court docket and other lawful
[appealable to CA]. Section 34, The Judiciary filing a notice of appeal with the court that rendered the fees
Reorganization Act judgment or final order appealed from. 2. Clerk of court of MTC transmits records to RTC
Contents of the notice of appeal. The notice of appeal shall Appellate court docket and other lawful fees
indicate: Section 5, Rule 40
Rule 40: appeal from mtc to rtc ad majorem dei gloriam CIVIL PROCEDURE
case is dismissed for lack of jurisdiction, the same is without
Pay to clerk of court of the court of origin. Within the When case submitted for decision. Upon: prejudice to the filing to the appropriate court, which
period for taking an appeal, the appellant shall pay to the clerk 1. the filing of the memorandum of the appellee or dismissal under Rule 41, is not appealable. However, the tenor
of the court which rendered the judgment or final order 2. the expiration of the period to do so, of Rule 40 indicates that the rule allows an appeal from the
appealed from the full amount of the appellate court docket the case shall be considered submitted for decision. order of the MTC dismissing the case for lack of jurisdiction
and other lawful fees. since the RTC is required to try the case on its merits provided
• Proof of payment thereof shall be transmitted to the Basis of the decision. The Regional Trial Court shall decide that it has jurisdiction. Riano, 2019.
appellate court together with the original record or the the case on the basis of the entire record of the proceedings
record on appeal, as the case may be. had in the court of origin and such memoranda as are filed.
Duty of the clerk of court APPEAL FROM ORDERS DISMISSING CASE

Section 6, Rule 40 WITHOUT TRIAL; LACK OF JURISDICTION
Transmit records from court of origin to appellate court Section 8, Rule 40
within 15 days from perfection. Within fifteen (15) days
from the perfection of the appeal, the clerk of court or the If an appeal is taken from an order of the lower court
branch clerk of court of the lower court shall transmit the dismissing the case without a trial on the merits, the Regional
original record or the record on appeal, together with the Trial Court may affirm or reverse it, as the case may be.
transcripts and exhibits, which he shall certify as complete, to
the proper Regional Trial Court. A copy of his letter of • When MTC’s dismissal affirmed; RTC shall try
transmittal of the records to the appellate court shall be the case if it has jurisdiction. In case of affirmance
furnished the parties. and the ground of dismissal is lack of jurisdiction over
the subject matter, the Regional Trial Court, if it has
PROCEDURE IN THE RTC jurisdiction thereover, shall try the case on the merits
Section 7, Rule 40 as if the case was originally filed with it.
RTC notifies. Upon receipt of the complete record or the • When reversed; remanded. In case of reversal, the
record on appeal, the clerk of court of the Regional Trial case shall be remanded for further proceedings.
Court shall notify the parties of such fact.
If MTC w/o jurisdiction tried the case, RTC shall try the
Parties’ memorandum; 15 days. Within fifteen (15) days case on its merits if it has jurisdiction. If the case was tried
from such notice, it shall be the duty of the appellant to submit on the merits by the lower court without jurisdiction over the
a memorandum which shall briefly discuss the errors imputed subject matter, the Regional Trial Court on appeal shall not
to the lower court, a copy of which shall be furnished by him dismiss the case if it has original jurisdiction thereof, but shall
to the adverse party. Within fifteen (15) days from receipt of decide the case in accordance with the preceding section,
the appellant’s memorandum, the appellee may file his without prejudice to the admission of amended pleadings and
memorandum. additional evidence in the interest of justice.
• Only appellant’s memo required. Failure of the Section 8 of Rule 40 can be considered as an exception to
appellant to file a memorandum shall be a ground for Section 1 of Rule 41 that precludes an appeal from an
dismissal of the appeal. order dismissing an action without prejudice. When the
RULE 41: appeal from the rtc ad majorem dei gloriam CIVIL PROCEDURE
RULE 41: a. An order denying a petition for relief or any similar Questions that may be raised on appeal. The appellant may
motion seeking relief from judgment; include in his assignment of errors any question of law or fact
Appeal from the Regional Trial Courts b. An interlocutory order; that has been raised in the court below and is within the issues
1. Subject of appeal c. An order disallowing or dismissing an appeal; framed by the parties. Section 10, Rule 44
2. Modes of appeal d. An order denying a motion to set aside a judgment by
a. Ordinary appeal consent, confession or compromise on the ground of • No pure questions of law to CA. The parties should
b. Petition for review fraud, mistake or duress, or any other ground vitiating not raise pure questions of law from the RTC to the
c. Appeal by certiorari consent; CA because Section 2 of Rule 50 provides that if pure
3. Procedural matters e. An order of execution; questions of law are raised to the CA, the same shall
a. Period of ordinary appeal f. A judgment or final order for or against one or more be dismissed, pure issues of law not being reviewable
b. Appellate court and other docket fees of several parties or in separate claims, counterclaims, by the CA.
c. Perfection and effect of appeal cross-claims and third-party complaints, while the
d. Duty of clerk of court of lower court main case is pending, unless the court allows an MODES OF APPEAL
e. Transmittal appeal therefrom; and Section 2, Rule 41
f. Transcript g. An order dismissing an action without prejudice.
g. Dismissal of appeal 1. Ordinary appeal
4. Record on appeal • Note: Per AM 07-7-12-SC, an order denying MNT or 2. Petition for review
a. Form and contents MR already removed from the list. But still, they 3. Appeal by certiorari
b. Approval cannot be appealed because Section 37 governing
c. Joint record on appeal MNT and MR expressly provides so. Ordinary appeal or appeal by writ of error
SUBJECT OF APPEAL • Not at all final judgments or orders appealable. Per Original jurisdiction of RTC; notice of appeal. The appeal
Section 1, Rule 41 Section 1[f], Rule 41, a judgment or order that does to the Court of Appeals in cases decided by the Regional Trial
not affect all parties [several judgment] or claims Court in the exercise of its original jurisdiction shall be taken
What may be appealed. An appeal may be taken from: [separate judgment] in a case does not completely by:
1. a judgment or dispose of the case, hence, is not appealable. 1. filing a notice of appeal with the court which rendered
2. final order the judgment or final order appealed from and
that completely disposes of the case, or of a particular matter • Example; order dismissing an action w/o 2. serving a copy thereof upon the adverse party.
therein when declared by these Rules to be appealable. prejudice. The RTC dismissed a complaint for
violation of the rule requiring certification against • Contents of notice of appeal. The notice of appeal
• Interlocutory orders not appealable; prevent forum shopping. Such dismissal, under Section 5, shall:
multiplicity of appeals. Only judgments or final Rule 7 is a dismissal without prejudice. As such, it is o indicate the parties to the appeal,
orders that completely dispose of the case or of a not appealable under the rules above. o specify the judgment or final order or part
particular matte therein when declared by the Rules to thereof appealed from,
be appealable. Hence, an interlocutory order is not 65 is the proper remedy if not appealable. In all the above o specify the court to which the appeal is being
appealable until after the finality of the judgment on instances where the judgment or final order is not appealable, taken, and
the merits. The purpose of the rule is to avoid the aggrieved party may file an appropriate special civil action o state the material dates showing the
multiplicity of appeals. Miranda v Sandiganbayan under Rule 65. timeliness of the appeal. Section 5, Rule 41.
What cannot be appealed. No appeal may be taken from:

Record on appeal. No record on appeal shall be required
except in: Modes of appealing judgment or final order of the RTC to CA PROCEDURAL MATTERS
1. special proceedings and
2. other cases of multiple or separate appeals where the Period of ordinary appeal
Rule 41 Rule 42
law or these Rules so require. Section 3, Rule 41
In such cases, the record on appeal shall be filed and served in
like manner. 15 days from notice. The appeal shall be taken within fifteen
(15) days from notice of the judgment or final order appealed
Petition for review Ordinary appeal to CA in from.
Petition for review to CA in
the exercise of its
Appellate jurisdiction of RTC. The appeal to the Court of the exercise of its appellate Record on appeal; 30 days. Where a record on appeal is
original jurisdiction on
Appeals in cases decided by the Regional Trial Court in the jurisdiction on questions of required, the appellant shall file a notice of appeal and a
questions of fact or
exercise of its appellate jurisdiction shall be by petition for fact, law, or mixed record on appeal within thirty (30) days from notice of the
review in accordance with Rule 42. mixed questions of fact judgment or final order.
questions of law (can be
• Covers questions of fact, of law, or mixed questions and law (but never on
pure questions of law)
of fact or law. pure questions of law) Interrupted by MNT or MR. The period of appeal shall be
interrupted by a timely motion for new trial or
Appeal by certiorari Rule 41 and 42 are distinct remedies. The contention that a reconsideration.
petition for review may be treated as a notice of appeal since
45; direct to SC on pure questions of law. In all cases where the contents of the former already include the required No extension. No motion for extension of time to file a
only Questions of law are raised or involved, the appeal shall contents of the latter, cannot be accorded credence. These motion for new trial or reconsideration shall be allowed.
be to the Supreme Court by petition for review on certiorari in modes of appeal remain distinct procedures which cannot be
accordance with Rule 45. loosely interchanged absent any compelling reason therefore. Appellate court docket and other lawful fees
The filing of a petition for review cannot be accorded the Section 4, Rule 41
same effect as the filing of a notice. Yalong v People
• This mode of appeal by petition for review on
certiorari under Rule 45 is brought to the SC from the Pay to clerk of court of the court that rendered the
Summary: Modes of appealing judgment or final order of the RTC
decision of the RTC: appealed judgment. Within the period for taking an appeal,
1. In the exercise of its original jurisdiction and Court of Appeals Supreme Court the appellant shall pay to the clerk of the court which rendered
2. Only on pure questions of law. Riano, 2019 the judgment or final order appealed from, the full amount of
Rule 41 Rule 42 Rule 45 the appellate court docket and other lawful fees.
Modes of appealing judgment or final order of the RTC in the exercise of
its original jurisdiction: Ordinary appeal to
Petition for review • Proof of payment of said fees shall be transmitted to
to CA in the
CA in the exercise the appellate court together with the original record or
exercise of its Petition for review
Rule 41 Rule 45 of its original
appellate on certiorari to SC
the record on appeal.
jurisdiction on
jurisdiction on in the exercise of
questions of fact or
ordinary appeal to CA on questions of fact, its original Perfection and effect of appeal
petition for review on mixed questions of
questions of fact or mixed fact and law (but
law, or mixed jurisdiction on pure Section 9, Rule 41
certiorari to SC on pure questions of law questions of law
questions of fact and law (but never on pure
questions of law (can be pure
never on pure question of law) questions of law)
questions of law)

Notice of appeal; perfected when filed on time. A party’s 4. the certificate of correctness,
appeal by notice of appeal is deemed perfected as to him upon Duty of clerk of court of the lower court upon perfection 5. the original documentary evidence referred to therein,
the filing of the notice of appeal in due time. of appeal and
Section 10, Rule 41 6. the original and three (3) copies of the transcripts.
• Court of origin loses jurisdiction over the case. In
appeals by notice of appeal, the court loses Within thirty (30) days after perfection of all the appeals in Copies of the transcripts and certified true copies of the
jurisdiction over the case upon the perfection of the accordance with the preceding section, it shall be the duty of documentary evidence shall remain in the lower court for the
appeals filed in due time and the expiration of the the clerk of court of the lower court: examination of the parties.
time to appeal of the other parties. a. To verify the correctness of the original record or the
record on appeal, as the case may be, and to make a Transcript
• Joval. Importance of the phrase as to him. The certification of its correctness; Section 11, Rule 41
filing of the notice of appeal only perfects the appeal b. To verify the completeness of the records that will be
as to the appellant. As to the court and as to parties transmitted to the appellate court; Transcript; 5 copies. Upon the perfection of the appeal, the
other than the appellant, the appeal is not perfected c. If found to be incomplete, to take such measures as clerk shall immediately direct the stenographers concerned to
until the payment of the prescribed fees under the may be required to complete the records, availing of attach to the record of the case five (5) copies of the
Rules. the authority that he or the court may exercise for this transcripts of the testimonial evidence referred to in the record
purpose; and on appeal.
Record on appeal; perfected when approved. A party’s d. To transmit the records to the appellate court.
appeal by record on appeal is deemed perfected as to him with Attachment to the transcript. The stenographers concerned
respect to the subject matter thereof upon the approval of the Failure to complete records; If the efforts to complete the shall transcribe such testimonial evidence and shall prepare
record on appeal filed in due time. records fail, he shall indicate in his letter of transmittal the and affix to their transcripts:
exhibits or transcripts not included in the records being 1. an index containing the names of the witnesses and
• Court of origin loses jurisdiction over the subject transmitted to the appellate court, the reasons for their non- the pages wherein their testimonies are found, and
matter. In appeals by record on appeal, the court transmittal, and the steps taken or that could be taken to have 2. a list of the exhibits and the pages wherein each of
loses jurisdiction only over the subject matter them available. them appears to have been offered and admitted or
thereof upon the approval of the records on appeal rejected by the trial court.
filed in due time and the expiration of the time to COC shall furnish the parties with letter of transmittal.
appeal of the other parties. The clerk of court shall furnish the parties with copies of his The transcripts shall be transmitted to the clerk of the trial
letter of transmittal of the records to the appellate court. court who shall thereupon arrange the same in the order in
Residual jurisdiction; what the court may do; period which the witnesses testified at the trial, and shall cause the
intervening perfection and transmittal. In either case, prior Transmittal pages to be numbered consecutively.
to the transmittal of the original record or the record on Section 12, Rule 41
appeal, the court may: Within 30 days from perfection of appeal. The clerk of the Dismissal of appeal
1. issue orders for the protection and preservation of the trial court shall transmit to the appellate court within thirty Section 13, Rule 41
rights of the parties which do not involve any matter (30) days from the perfection of the appeal the following:
litigated by the appeal approve compromises, 1. the original record or the approved record on appeal Prior to the transmittal of the original record or the record on
2. permit appeals of indigent litigants, 2. together with the proof of payment of the appellate appeal to the appellate court, the trial court may motu proprio
3. order execution pending appeal in accordance with court docket and other lawful fees, or on motion dismiss the appeal for having been taken out of
section 2 of Rule 39, and 3. a certified true copy of the minutes of the time.
4. allow withdrawal of the appeal. proceedings, the order of approval,
Subsequent steps by CA • Testimonial; names of witnesses. The testimonial
1. upon receiving the original record on appeal and the evidence [must be specified] by the names of the Joint record on appeal
accompanying document transmitted by the lower corresponding witnesses. Section 8, Rule 41
court, as well as the proof of payment of the docket
and other lawful fees, the clerk of court of CA shall No need to specify numbers and letters or names if the Where both parties are appellants, they may file a joint record
docket the case and notify the parties. Section 4, Rule whole is to be included. If the whole testimonial and on appeal within the time fixed by section 3 of this Rule, or
44 documentary evidence in the case is to be included, a that fixed by the court.
2. within 45 days from the receipt of the notice of the statement to that effect will be sufficient without mentioning
clerk of court, the appellant shall file a brief with the names of the witnesses or the numbers or letters of
proof of service upon the appellee. Section 7, Rule 44 exhibits.
RECORD ON APPEAL Every record on appeal exceeding twenty (20) pages must
contain a subject index.
Form and contents
Section 6, Rule 41 Approval of record on appeal
Section 7, Rule 41
1. The full names of all the parties to the proceedings
shall be stated in the caption of the record on appeal Actions of the trial court. Upon:
and 1. the filing of the record on appeal for approval and
2. it shall include the judgment or final order from which 2. if no objection is filed by the appellee within five (5)
the appeal is taken and, days from receipt of a copy thereof,
3. in chronological order, copies of only such pleadings, the trial court
petitions, motions and all interlocutory orders as are 1. may approve [the record on appeal] as presented or
related to the appealed judgment or final order for the upon its own motion or
proper understanding of the issue involved, 2. at the instance of the appellee, may direct its
4. together with such data as will show that the appeal amendment by the inclusion of any omitted matters
was perfected on time. which are deemed essential to the determination of
the issue of law or fact involved in the appeal.
Include evidence if issue of fact is to be raised. If an issue of
fact is to be raised on appeal, the record on appeal shall TC orders amendment; amend within 10 days or within
include by reference all the evidence: the specified period. If the trial court orders the amendment
1. testimonial and of the record, the appellant, within the time limited in the
2. documentary order, or such extension thereof as may be granted, or if no
taken upon the issue involved. time is fixed by the order within ten (10) days from receipt
thereof, shall redraft the record by including therein, in their
• Documentary; specify by numbers or letters by proper chronological sequence, such additional matters as the
which identified when admitted. The reference shall court may have directed him to incorporate, and
specify the documentary evidence by the exhibit • shall thereupon submit the redrafted record for
numbers or letters by which it was identified when approval, upon notice to the appellee, in like manner
admitted or offered at the hearing, and as the original draft.
RULE 42: petition for review: rtc to ca ad majorem dei gloriam CIVIL PROCEDURE
RULE 42: Time; 15 days from notice. The petition shall be filed and the Regional Trial Court, the requisite number of
served within fifteen (15) days from notice : plain copies thereof and of the pleadings and other
Petition for Review from the Regional 1. the decision sought to be reviewed or material portions of the record as would support the
Trial Courts to the Court of Appeals 2. of the denial of petitioner’s motion for new trial or allegations of the petition
1. How taken reconsideration filed in due time after judgment.
a. Procedure Certificate of non-forum shopping. The petitioner shall also
b. Time Time submit together with the petition a certification under oath
c. Form and contents Section 1, Rule 42 that:
d. Effect of failure to comply 1. he has not theretofore commenced any other action
e. Effect of perfection 15-day extension upon payment of fees and deposit of involving the same issues in the Supreme Court, the
2. Action on the petition costs. Upon: Court of Appeals or different divisions thereof, or any
a. Respondent’s comment 1. proper motion and other tribunal or agency;
b. When petition given due course 2. the payment of the full amount of the docket and 2. if there is such other action or proceeding, he must
other lawful fees and the deposit for costs before the state the status of the same; and
HOW PETITION FOR REVIEW FROM RTC TO CA IS expiration of the reglementary period, 3. if he should thereafter learn that a similar action or
TAKEN the Court of Appeals may grant an additional period of fifteen proceeding has been filed or is pending before the
(15) days only within which to file the petition for review. Supreme Court, the Court of Appeals, or different
Procedure • No further extension shall be granted except for the divisions thereof, or any other tribunal or agency, he
Section 1, Rule 42 most compelling reason and in no case to exceed undertakes to promptly inform the aforesaid courts
fifteen (15) days. and other tribunal or agency thereof within five (5)
Procedure. A party desiring to appeal from a decision of the days therefrom.
Regional Trial Court rendered in the exercise of its appellate Form and contents
jurisdiction may Section 2, Rule 42 Effect of failure to comply with requirements
1. file a verified petition for review with the Court of Section 3, Rule 42
Appeals, 7 copies + contents. The petition shall be filed in seven (7)
2. paying at the same time to the clerk of said court the legible copies, with the original copy intended for the court Requirements mandatory; failure to comply ground for
corresponding docket and other lawful fees, being indicated as such by the petitioner, and shall: dismissal. The failure of the petitioner to comply with any of
3. depositing the amount of P500.00 for costs, and a. state the full names of the parties to the case, without the foregoing requirements regarding:
4. furnishing the Regional Trial Court and the adverse impleading the lower courts or judges thereof either 1. the payment of the docket and other lawful fees,
party with a copy of the petition. as petitioners or respondents; 2. the deposit for costs,
b. indicate the specific material dates showing that it 3. proof of service of the petition, and
was filed on time; 4. the contents of and the documents which should
• Even if pure question of law, use 42 if RTC is in
the exercise of appellate jurisdiction. A decision c. set forth concisely a statement of the matters accompany the petition
involved, the issues raised, the specification of errors shall be sufficient ground for the dismissal thereof.
rendered by the RTC in the exercise of its appellate
jurisdiction should be elevated to the CA under 42 of fact or law, or both, allegedly committed by the
instead of appealing directly before the SC under 45, Regional Trial Court, and the reasons or arguments Effect of perfection of appeal
even if it raises purely questions of law. Quezon City relied upon for the allowance of the appeal;
v ABS-CBN Broadcasting Corporation d. be accompanied by clearly legible duplicate originals Perfection of appeal; timely filing + payment of docket
or true copies of the judgments or final orders of both and lawful fees. Upon the timely filing of a petition for
lower courts, certified correct by the clerk of court of review and the payment of the corresponding docket and other
RULE 42: petition for review: rtc to ca ad majorem dei gloriam CIVIL PROCEDURE
lawful fees, the appeal is deemed perfected as to the Respondent’s comment 2. require the parties to submit memoranda within a
petitioner. Section 5, Rule 42 period of fifteen (15) days from notice. Section 9,
Rule 42
Effect; RTC loses jurisdiction over the case. The Regional Contents of respondent’s comment; 7 copies + material
Trial Court loses jurisdiction over the case upon: portions of record referred to + supporting papers. The Submission for decision; filing of last pleading or memo.
1. the perfection of the appeals filed in due time and comment of the respondent shall: The case shall be deemed submitted for decision upon the
2. the expiration of the time to appeal of the other 1. be filed in seven (7) legible copies, filing of the last pleading or memorandum required by these
parties. 2. accompanied by certified true copies of such material Rules or by the court itself. Section 9, Rule 42
portions of the record referred to therein together with
Residual jurisdiction; actions of RTC after perfection but other supporting papers and Elevation of record. Whenever the Court of Appeals deems it
before giving due course. However, before the Court of 3. shall necessary, it may order the clerk of court of the Regional Trial
Appeals gives due course to the petition [despite the a. state whether or not he accepts the statement Court to elevate the original record of the case including the
perfection of the appeal], the Regional Trial Court may: of matters involved in the petition; oral and documentary evidence within fifteen (15) days from
1. issue orders for the protection and preservation of the b. point out such insufficiencies or inaccuracies notice. Section 7, Rule 42
rights of the parties which do not involve any matter as he believes exist in petitioner’s statement
litigated by the appeal, of matters involved but without repetition;
2. approve compromises, and
3. permit appeals of indigent litigants, c. state the reasons why the petition should not
4. order execution pending appeal in accordance with be given due course.
section 2 of Rule 39, and
5. allow withdrawal of the appeal. A copy thereof shall be served on the petitioner.
Appeal stays judgment/final order except in civil cases When petition given due course
under RSP. Except in civil cases decided under the Rule on
Summary Procedure, the appeal shall stay the judgment or When petition given due course. If:
final order unless the Court of Appeals, the law, or these 1. upon the filing of the comment or such other
Rules shall provide otherwise. Section 8, Rule 42 pleadings as the court may allow or require or
2. after the expiration of the period for the filing thereof
ACTION ON THE PETITION without such comment or pleading having been
Section 4, Rule 42 submitted,
the Court of Appeals finds prima facie that the lower court has
The Court of Appeals may: committed an error of fact or law that will warrant a reversal
1. require the respondent to file a comment on the or modification of the appealed decision, it may accordingly
petition, not a motion to dismiss, within ten (10) days give due course to the petition. Section 6, Rule 42
from notice, or
2. dismiss the petition if it finds the same to be patently Actions; petition given due course. If the petition is given
without merit, prosecuted manifestly for delay, or that due course, the Court of Appeals may:
the questions raised therein are too unsubstantial to 1. set the case for oral argument or
require consideration.

RULE 43: appeals- CTA and QJA to ca ad majorem dei gloriam CIVIL PROCEDURE
RULE 43: Employees Compensation Commission, Agricultural • False. There is no dispute that the CA can make a
Inventions Board, Insurance Commission, Philippine Atomic determination whether the factual findings by the
APPEALS FROM THE COURT OF Energy Commission, Board of Investments, Construction NLRC were based on the evidence in accord with the
TAX APPEALS AND QUASI- Industry Arbitration Commission, and voluntary arbitrators pertinent law and jurisprudence. Such factual
authorized by law. Section 1, Rule 43 determination is allowed because GAD may be
JUDICIAL AGENCIES TO THE ascribed to the NLRC when its findings and
COURT OF APPEALS Cases not covered conclusions are not supported by substantial evidence
1. Scope or are in total disregard of material evidence. Laya,
a. Cases covered Cases not covered; labor code cases. This Rule shall not Jr. v Court of Appeals
b. Cases not covered apply to judgments or final orders issued under the Labor
2. Procedure Code of Philippines. Section 2, Rule 43 Decision of NLRC not stayed by the filing of 65. Consistent
a. Where to appeal with Section 7 of Rule 65, the petition for certiorari filed to
b. When to appeal • NLRC decisions reviewable by 65. Judicial review review the decisions of the NLRC shall not stay the execution
c. How to appeal of decisions of the NLRC is permitted, but not of the assailed decision unless a restraining order is issued by
d. Contents through an appeal. The remedy is to move for the CA. Frondozo v Manila Electric v Company
e. Effect of failure to comply reconsideration and, if denied, file a special civil
3. Action on the petition action for certiorari under Rule 65 within 60 days 45 to SC; remedy after 65 to CA. From the CA, the remedy
a. Respondent’s comment from notice of the decision and to the CA, in of the aggrieved party is an appeal via petition for review on
b. When petition given due course observance of the doctrine of hierarchy of courts. St. certiorari to the SC under Rule 45 of the Rules wherein only
Martin Funeral Homes v NLRC questions of law are raised against the assailed decision of the
SCOPE CA. Laya, Jr. v Court of Appeals
• CA may review only when there is GADALEJ not
Cases covered errors of judgment. The CA may review such • SC does not determine correctness of NLRC
decision only when there is GADALEJ. It will not decision but correctness of the CA decision. When
Cases covered. This Rule shall apply to appeals: review the entire decision of the NLRC for reversible the SC reviews the findings of the CA, it does not
1. from judgments or final orders of the Court of Tax errors on question of fact and law. PNB v Gregorio determine WON the NLRC decision on the merits
Appeals and was correct. What the SC reviews is the correctness of
2. from awards, judgments, final orders or resolutions of • NLRC GADALEJ. Grave abuse of discretion may be the decision of the CA, WON It correctly determine
or authorized by any quasi-judicial agency in the ascribed to the NLRC when, among others: the presence or absence of GAD in the NLRC
exercise of its quasi-judicial functions. 1. Its findings and conclusion are not supported decision. E. Ganzon Inc. v Ando, Jr.,
by substantial evidence or in total disregard of
Quasi-judicial agencies. Among these agencies are the Civil evidence material to, or even decisive of, the But decisions of voluntary arbitrators are covered by Rule
Service Commission, Central Board of Assessment Appeals, controversy 43. A petition for review under Rule 43 is the proper remedy
Securities and Exchange Commission, Office of the President, 2. The findings of the NLRC contradict those of [for decisions of voluntary arbitrators] just like those of the
Land Registration Authority, Social Security Commission, the labor arbiter. Almagro v PAL Inc. quasi-judicial agencies, boards and commissions enumerated
Civil Aeronautics Board, Bureau of Patents, Trademarks and under the rules, and consistent with the original purpose to
Technology Transfer, National Electrification Administration, True or false (in CLV’s voice The CA is limited to provide a uniform procedure for the appellate review of
Energy Regulatory Board, National Telecommunications determining WON NLRC committed GADALAEJ, and hence adjudications of all quasi-judicial entities. Royal Plant
Commission, Department of Agrarian Reform under Republic cannot review the factual findings of NLRC. Workers Union v Coca-Cola Bottlers Philippines, Inc.-Cebu
Act No, 6657, Government Service Insurance System, Plant
PROCEDURE a. state the full names of the parties to the case, without
Extension; pay docket fees before expiration of 15 days. impleading the court or agencies either as petitioners
Where to appeal Upon proper motion and the payment of the full amount of the or respondents;
Section 3, Rule 43 docket fee before the expiration of the reglementary period, b. contain a concise statement of the facts and issues
the Court of Appeals may grant an additional period of fifteen involved and the grounds relied upon for the review;
Taken to the CA. An appeal under this Rule taken to the (15) days only within which to file the petition for review. c. be accompanied by a clearly legible duplicate original
Court of Appeals within the period and in the manner herein or a certified true copy of the award, judgment, final
provided, whether the appeal involves: Further extension of 15 days max for compelling reasons. order or resolution appealed from, together with
1. questions of fact, No further extension shall be granted except for the most certified true copies of such material portions of the
2. questions of law, or compelling reason and in no case to exceed fifteen (15) days. record referred to therein and other supporting papers;
3. mixed questions of fact and law. and
How appeal taken d. contain a sworn certification against forum shopping
Exception to Rule 45. The tenor of the provision is that this is Section 5, Rule 43 as provided in the last paragraph of section 2, Rule
an exception to the rule that petitions to the CA involving 42.
purely questions of law are to be dismissed outright. This rule Appeal shall be taken by e. The petition shall state the specific material dates
was adopted to provide a uniform rule of appellate procedure 1. filing a verified petition for review in seven (7) showing that it was filed within the period fixed
from quasi-judicial bodies. Carpio v Sulu Resource Dev. legible copies with the Court of Appeals, with proof herein.
Corp. of service of a copy thereof on the adverse party and
on the court or agency a quo. Effect of failure to comply with requirements
Presupposes error of judgment. The appeal under Rule 43 2. The original copy of the petition intended for the Section 7, Rule 43
presupposes that the issue raised is one of error of judgment Court of Appeals shall be indicated as such by the
which may be one of fact, law, or mixed fact and law. But petitioner. Effect of failure to comply; ground for dismissal. The
where the act imputed is one committed with GAD, Rule 43 3. Upon the filing of the petition, the petitioner shall pay failure of the petitioner to comply with any of the foregoing
does not apply. Multinational Village Homeowners’ to the clerk of court of the Court of Appeals the requirements regarding:
Association v Gacutan docketing and other lawful fees and deposit the sum 1. the payment of the docket and other lawful fees,
of P500.00 for costs. 2. the deposit for costs,
Period of appeal 3. proof of service of the petition, and the contents of
Section 4, Rule 43 Exemption from fees. Exemption from payment of docketing and
and other lawful fees and the deposit for costs may be granted 4. the documents which should accompany the petition
When; 15 days from notice or last publication or denial or by the Court of Appeals upon a verified motion setting forth shall be sufficient ground for the dismissal thereof.
MR/MNT. The appeal shall be taken within fifteen (15) days: valid grounds therefor.
1. from notice of the award, judgment final order or Effect of appeal
resolution, or If the Court of Appeals denies the motion, the petitioner shall Section 12, Rule 43
2. from the date of its last publication, if publication is pay the docketing and other lawful fees and deposit for costs
required by law for its effectivity, or within fifteen (15) days from notice of the denial. Effect of appeal judgment not stayed unless otherwise
3. of the denial of petitioner’s motion for new trial or provided. The appeal shall not stay the award, judgment, final
reconsideration duly filed in accordance with the Contents of the petition order or resolution sought to be reviewed unless the Court of
governing law of the court or agency a quo. Section 6, Rule 43 Appeals shall direct otherwise upon such terms as it may
deem just.
Only one (1) motion for reconsideration shall be allowed. The petition for review shall:
Judgment subject to execution. The provision above means When petition given due course. If:
that the judgment may be subject to execution despite the 1. upon the filing of the comment or such other
pendency of the appeal, unless execution is enjoined by a writ pleadings or documents as may be required or
of preliminary injunction or a temporary restraining order. allowed by the Court of Appeals or
Riano, 2019 2. upon the expiration of the period for the filing thereof,
and on the basis of the petition or the records the Court of
ACTION ON THE PETITION Appeals finds prima facie that the court or agency concerned
Section 8, Rule 43 has committed errors of fact or law that would warrant
reversal or modification of the award, judgment, final order or
The Court of Appeals may: resolution sought to be reviewed, it may give due course to
1. require the respondent to file a comment on the the petition; otherwise, it shall dismiss the same.
petition, not a motion to dismiss, within ten (10) days
from notice, or Findings of fact binding on CA when supported by
2. dismiss the petition if it finds the same to be patently substantial evidence. The findings of fact of the court or
without merit, prosecuted manifestly for delay, or that agency concerned, when supported by substantial evidence,
the questions raised therein are too unsubstantial to shall be binding on the Court of Appeals.
require consideration.
Transmittal of record; 15 days from giving due course.
Respondent’s comment Within fifteen (15) days from notice that the petition has been
Section 9, Rule 43 given due course, the Court of Appeals may require the court
or agency concerned to transmit the original or a legible
Contents of comment; 7 copies. The comment shall be filed certified true copy of the entire record of the proceeding under
within ten (10) days from notice in seven (7) legible copies review.
and accompanied by clearly legible certified true copies of • The record to be transmitted may be abridged by
such material portions of the record referred to therein agreement of all parties to the proceeding.
together with other supporting papers. • The Court of Appeals may require or permit
subsequent correction of or addition to the record.
The comment shall: Section 11, Rule 43
a. point out insufficiencies or inaccuracies in -
petitioner’s statement of facts and issues; and Actions; when petition given due course. If the petition is
b. state the reasons why the petition should be denied or given due course, the Court of Appeals may:
dismissed. 1. set the case for oral argument or
2. require the parties to submit memoranda within a
Serve copy to petitioner; proof of service filed w CA. A period of fifteen (15) days from notice.
copy thereof shall be served on the petitioner, and proof of
such service shall be filed with the Court of Appeals. Submission for decision. The case shall be deemed submitted
for decision upon the filing of the last pleading or
When petition given due course memorandum required by these Rules or by the Court of
Section 10, Rule 43 Appeals. Section 13, Rule 43

RULE 44: ordinary appealed cases ad majorem dei gloriam CIVIL PROCEDURE
RULE 44: accompanying documents and exhibits transmitted by the
lower court, as well as the proof of payment of the docket and Dispensing with complete record. Where the completion of
ORDINARY APPEALED CASES other lawful fees, the clerk of court of the Court of Appeals the record could not be accomplished within a sufficient
shall docket the case and notify the parties thereof. period allotted for said purpose due to insuperable or
1. Miscellaneous provisions • 7 copies of approved record on appeal within 10 extremely difficult causes, the court:
2. Transmittal of records days from notice of docketing. Within ten (10) days 1. on its own motion or
a. Order of transmittal from receipt of said notice, the appellant, in appeals 2. on motion of any of the parties,
b. Incomplete records by record on appeal, shall file with the clerk of court may:
c. Dispensing with complete records seven (7) clearly legible copies of the approved record 1. declare that the record and its accompanying
3. Briefs on appeal, together with the proof of service of two transcripts and exhibits so far available are sufficient
a. Appellant’s briefs (2) copies thereof upon the appellee. to decide the issues raised in the appeal, and
b. Appellee’s briefs • Any unauthorized alteration, omission or addition in 2. shall issue an order explaining the reasons for such
c. Memoranda the approved record on appeal shall be a ground for declaration. Section 6, Rule 44.
d. Extension of time of filing dismissal of the appeal. Section 4, Rule 44.
BRIEFS
MISCELLANEOUS PROVISIONS TRANSMITTAL OF RECORDS
Appellant’s briefs
Same title; designation of the parties changed. In all cases Order of transmittal
appealed to the Court of Appeals under Rule 41, the title of Appellant’s briefs; 45 days. It shall be the duty of the
the case shall remain as it was in the court of origin, but the Order of transmittal of record; if records not transmitted appellant to file with the court, within forty-five (45) days
party appealing the case shall be further referred to as the to CA w/in 30 days from perfection of appeal. If the from receipt of the notice of the clerk that all the evidence,
appellant and the adverse party as the appellee. Section 1, original record or the record on appeal is not transmitted to the oral and documentary, are attached to the record, seven (7)
Rule 44 Court of Appeals within thirty (30) days after the perfection of copies of his legibly typewritten, mimeographed or printed
the appeal, either party may file a motion with the trial court, brief, with proof of service of two (2) copies thereof upon the
Counsel and guardians. The counsel and guardians ad litem with notice to the other, for the transmittal of such record or appellee. Section 7, Rule 44.
of the parties in the court of origin shall be respectively record on appeal. Section 3, Rule 44.
considered as their counsel and guardians ad litem in the • Several appellants or appellees or several counsel
Court of Appeals. When others appear or are appointed, notice Incomplete records for each party. Where there are several appellants or
thereof shall be served immediately on the adverse party and appellees, each counsel representing one or more but
filed with the court. Section 2, Rule 44. Completion of record. Where the record of the docketed not all of them shall be served with only one copy of
case is incomplete, the clerk of court of the Court of Appeals the briefs. When several counsel represent one
Questions that may be raised on appeal. Whether or not the shall: appellant or appellee, copies of the brief may be
appellant has filed a motion for new trial court below, he may 1. so inform said court and served upon any of them. Section 11, Rule 44.
include in his assignment of any question of law or fact that 2. recommend to it measures necessary to, complete the
has been raised in the below and which is within the issues record.
framed by the parties. Section 15, Rule 44. 3. It shall be the duty of said court to take appropriate Contents of appellant’s brief. The appellant’s brief shall
action towards the completion of the record within the contain, in the order herein indicated, the following:
Docketing of case; upon receipt of records and shortest possible time. Section 5, Rule 44. a. A subject index of the matter in the brief with a digest
accompanying documents by appellate court. Upon of the arguments and page references, and a table of
receiving the original record or the record on appeal and the Dispensing with complete records cases alphabetically arranged, textbooks and statutes
RULE 44: ordinary appealed cases ad majorem dei gloriam CIVIL PROCEDURE
cited with references to the pages where they are Appellee’s brief; 45 days. Within forty-five (45) days from Memoranda in special cases; non-extendible 30 days. In
cited; receipt of the appellant’s, brief, the appellee shall file with the certiorari, prohibition, mandamus, quo warranto and habeas
b. An assignment of errors intended to be urged, which court seven (7) copies of his legibly typewritten, corpus cases, the parties shall file, in lieu of briefs, their
errors shall be separately, distinctly and concisely mimeographed or printed brief, with proof of service of two respective memoranda within a non-extendible period of thirty
stated without repetition and numbered consecutively; (2) copies thereof upon the appellant. Section 8, Rule 44. (30) days from receipt of the notice issued by the clerk that all
c. Under the heading “Statement of the Case,” a clear the evidence, oral and documentary, is already attached to the
and concise statement of the nature of the action, a • Several appellants or appellees or several counsel record. The failure of the appellant to file his memorandum
summary of the proceedings, the appealed rulings and for each party. Where there are several appellants or within the period therefor may be a ground for dismissal of
orders of the court, the nature of the judgment and any appellees, each counsel representing one or more but the appeal. Section 10, Rule 44.
other matters necessary to an understanding of the not all of them shall be served with only one copy of
nature of the controversy, with page references to the the briefs. When several counsel represent one Extension of time of filing
record; appellant or appellee, copies of the brief may be
d. Under the heading “Statement of Facts,” a clear and served upon any of them. Section 11, Rule 44. Extension of time for filing briefs. Extension of time for the
concise statement in a narrative form of the facts filing of briefs will not be allowed, except:
admitted by both parties and of those in controversy, Contents of appellee's brief. The appellee's brief shall 1. for good and sufficient cause, and
together with the substance of the proof relating contain, in the order herein indicated the following: 2. only if the motion for extension is filed before the
thereto in sufficient detail to make it clearly a. A subject index of the matter in the brief with a digest expiration of the time sought to be extended. Section
intelligible, with page references to the record; of the arguments and page references, and a table of 12, Rule 44.
e. A clear and concise statement of the issues of fact or cases alphabetically arranged, textbooks and statutes
law to be submitted to the court for its judgment; cited with references to the pages where they are
f. Under the heading “Argument,” the appellant cited;
arguments on each assignment of error with page b. Under the heading "Statement of Facts," the appellee
reference to the record. The authorities relied upon shall state that he accepts the statement of facts in the
shall be cited b the page of the report at which the appellant's brief, or under the heading "Counter-
case begins and the page of the report on which the Statement of Facts," he shall point out such
citation is found; insufficiencies or inaccuracies as he believes exist in
g. Under the heading “Relief,” a specification of the the appellant's statement of facts with references to
order or judgment which the appellant seeks; and the pages of the record in support thereof, but without
h. In cases not brought up by record on appeal, the repetition of matters in the appellant's statement of
appellant’s brief shall contain, as an appendix, a copy facts; and
of the judgment or final order appealed from. Section c. Under the heading "Argument," the appellee shall set
13, Rule 44. forth his arguments in the case on each assignment of
error with page references to the record. The
Appellant’s reply brief; 20 days. Within twenty (20) days authorities relied on shall be cited by the page of the
from receipt of the appellee’s brief, the appellant may file a report at which the case begins and the page of the
reply brief answering points in the appellee’s brief not report on which the citation is found. Section 14, Rule
covered in his main brief. Section 9, Rule 44. 44.
Appellee’s briefs Memoranda

RULE 45: appeal by certiorari to sc ad majorem dei gloriam CIVIL PROCEDURE
RULE 45: penalty imposed is reclusion perpetua, life 6. Appeal a petition for a writ of kalikasan. The appeal
imprisonment, or death, nowhere, however, has it may raise question of fact. Section 16, Rule 7, Part
APPEAL BY CERTIORARI TO SC proscribed an intermediate review. If only to ensure III, Rules of Procedure for Environmental Cases
utmost circumspection before the penalty of 7. Appeal from a judgment or final order in a petition for
1. Appeal to SC death, reclusion perpetua or life imprisonment is a writ of habeas data. The appeal may raise question
2. Procedure imposed, the Court now deems it wise and compelling of fact. AM No. 08-1-16-SC
a. Cases covered to provide in these cases a review by the Court of
b. Applicability of provision Appeals before the case is elevated to the Supreme Provisional remedies allowed during pendency of 45. The
c. Period of appeal Court. People v Mateo petitioner may seek the same provisional remedies by verified
d. Payment of fees motion filed in the same action or proceeding at any time
e. Contents of petition PROCEDURE during its pendency. Section 1, Rule 45, as amended y AM
3. Actions taken on the petition No. 07-7-12-SC.
a. Discretionary review Cases of covered
b. Dismissal • Under the latest amendments to Rule 45, the petition
c. Petition given due course Filing of verified petition with Supreme Court; questions for review or certiorari under Rule 45 may include an
4. Questions of law v questions of fact of law only. A party desiring to appeal by certiorari from a application for a WPI or other provisional remedies.
5. Rule 45 v Rule 65 judgment or final order or resolution of:
a. Comparison 1. the Court of Appeals, Applicability of provision
b. When a 65 is treated as a 45 2. the Sandiganbayan,
3. the Regional Trial Court or General rule: Applicable to both civil and criminal cases.
4. other courts whenever authorized by law, The mode of appeal prescribed in this Rule shall be applicable
APPEAL TO SC may file with the Supreme Court a verified petition for review to both civil and criminal cases
on certiorari. The petition shall raise only questions of law
General rule: appeal to SC only by a 45. An appeal to the which must be distinctly set forth. Section 1, Rule 45. Exception. Except in criminal cases where the penalty
Supreme Court may be taken only by a petition for review on imposed is death, reclusion perpetua or life imprisonment.
certiorari under Rule 45, except in criminal cases where the When petition for review on certiorari to the SC applies: Section 9, Rule 45.
penalty imposed is death, reclusion perpetua, or life 1. Appeal from a judgment or final order of the RTC in
imprisonment. An appeal taken to the SC by notice of appeal cases where only questions of law are raised and the Period of appeal
shall be dismissed. Section 3(b), Rule 56 case is decided by said court in its original
jurisdiction. Section 2[c], Rule 41 Within 15 days from notice or denial of MR/MNT. The
Exception: criminal cases where penalty imposed is death, 2. Appeal from the judgment, final order or resolutions petition shall be filed within fifteen (15) days from notice:
RP, or LI; appeal to SC by notice of appeal allowed. of the CA where the petition raises only questions of 1. of the judgment or final order or resolution appealed
Except as provided in Section 3, Rule 122 regarding appeals law distinctly set forth. Section 1, Rule 45 from, or
in criminal cases where the penalty imposed is death, RP, or 3. Appeal from the judgment, final order or resolutions 2. of the denial of the petitioner’s motion for new trial or
LI, an appeal taken to the SC shall dismissed. Section 6, Rule of the SB where the petition raises only questions of reconsideration filed in due time after notice of the
56 law distinctly set forth. Section 1, Rule 45 judgment. Section 2, Rule 45.
4. Appeal decision or ruling of the CTA en banc.
• Intermediate review by CA before going to SC. Section 11, RA 9282 Extension of 30 days; motion + payment of fees and
While the Fundamental Law requires a mandatory 5. Appeal from the judgment or final order in a petition deposit of costs within the reglementary period. The
review by the Supreme Court of cases where the for a writ of amparo to the SC. AM No. 07-9-12-SC
Supreme Court may for justifiable reasons grant an extension of the court a quo and the requisite number of plain the Supreme Court may require or allow the filing of such:
of thirty (30) days only within which to file the petition copies thereof, and such material portions of the 1. pleadings,
1. on motion duly filed and served, record as would support the petition; and 2. briefs,
2. with full payment of the docket and other lawful fees e. contain a sworn certification against forum shopping 3. memoranda or
and as provided in the last paragraph of section 2, Rule 4. documents
3. the deposit for costs 42. Section 4, Rule 45. as it may deem necessary within such periods and under such
before the expiration of the reglementary period,. Section 2, conditions as it may consider appropriate, and impose the
Rule 45. ACTIONS TAKEN ON THE PETITION corresponding sanctions in case of non-filing or unauthorized
filing of such pleadings and documents or non-compliance
Payment of fees Review discretionary with the conditions therefore. Section 7, Rule 45.
Section 6, Rule 45.
Docket and other lawful fees; proof of service of petition. Dismissal or denial of petition
Unless he has theretofore done so, the petitioner shall pay the Review discretionary; not a matter of right. A review is not
corresponding docket and other lawful fees to the clerk of a matter of right, but of sound judicial discretion, and will be Grounds for dismissal or denial of petition. The failure of
court of the Supreme Court and deposit the amount of granted only when there are special and important reasons the petitioner to comply with any of the foregoing
P500.00 for costs at the time of the filing of the petition. Proof therefor. requirements regarding the:
of service of a copy thereof on the lower court concerned and 1. payment of the docket and other lawful fees,
on the adverse party shall be submitted together with the Considerations for review. The following, while neither 2. deposit for costs,
petition. Section 3, Rule 45. controlling nor fully measuring the court’s discretion, indicate 3. proof of service of the petition, and
the character of the reasons which will be considered: 4. the contents of and the documents which should
Contents of petition a. When the court a quo has decided a question of accompany the petition
substance, shall be sufficient ground for the dismissal thereof.
Contents of petition; 18 copies. The petition shall be filed in a. not theretofore determined by the Supreme
eighteen (18) copies, with the original copy intended for the Court, or Motu proprio dismissal or denial. The Supreme Court may
court being indicated as such by the petitioner, and shall b. has decided it in a way probably not in accord on its own initiative deny the petition on the ground that:
a. state the full name of the appealing party as the with law or with the applicable decisions of 1. the appeal is without merit, or
petitioner and the adverse party as respondent, the Supreme Court; or 2. the appeal is prosecuted manifestly for delay, or
without impleading the lower courts or judges thereof b. When the court a quo has: 3. the questions raised therein are too unsubstantial to
either as petitioners or respondents; a. so far departed from the accepted and usual require consideration. Section 5, Rule 45.
b. indicate the material dates showing when notice of the course of judicial proceedings, or
judgment or final order or resolution subject thereof b. so far sanctioned such departure by a lower Petition given due course
was received, when a motion for new trial or court, as to call for an exercise of the power
reconsideration, if any, was filed and when notice of of supervision. Due course; elevation of records within 15 days from
the denial thereof was received; notice. If the petition is given due course, the Supreme Court
c. set forth concisely a statement of the matters Pleadings and documents that may be required; sanctions. may require the elevation of the complete record of the case or
involved, and the reasons or arguments relied on for For purposes of determining whether the petition should be: specified parts thereof within fifteen (15) days from notice.
the allowance of the petition; 1. dismissed or denied pursuant to section 5 of this Rule, Section 8, Rule 45.
d. be accompanied by a clearly legible duplicate or
original, or a certified true copy of the judgment or 2. where the petition is given due course under section 8 QUESTIONS OF LAW V QUESTIONS OF FACT
final order or resolution certified by the clerk of court hereof,
Question of law Question of fact case, the factual findings of the trial court, especially Exception: Rule is not controlling in criminal cases. In
This exists when the doubt or This exists when the doubt or when affirmed by the CA, deserved great weight and criminal cases, the SC in a petition for review on certiorari
difference as to what the law difference arises as to the respect. These factual findings should not be under Rule 45 may deal with questions of fact. The rule that
is on a certain state of facts. truth or falsehood of alleged disturbed on appeal, unless there are facts of weight only questions of law may be raised in a Rule 45 petition in an
Alburo v People facts. Alburo v People and substance that were overlooked or misinterpreted appeal of a criminal conviction before the SC is not
The test of whether the If the appellate court needs to and that would materially affect the disposition of the controlling because the appeal opens the entire records of the
question is one of law or of examine the evidence, the case. People v Racal criminal case for review. The implication is that the Court is
fact is whether the appellate question posed is one of fact. not limited to reviewing questions of law. It may even
court can determine the issue Cabling v Dangcalan Exceptions. Jurisprudential guide. However, a relaxation of examine any error even if not assigned by the accused. These
raised without examining the this rule is made permissible by this Court whenever any of errors may include errors of fact. Casona v People
evidence. If so, it is a the following circumstances is present as enumerated in
question of law. Philippine Transmarine Carriers, Inc. v. Cristino: If petition for certiorari to the SC involves a question of
fact, SC may dismiss or refer to CA. If a Rule 45 appeal
General rule: Factual-issue-bar rule. Section 1 of Rule 45 1. [W]hen the findings are grounded entirely on taken from the RTC to the SC raises a question of fact, the
states that the petition filed shall raise only questions of law, speculations, surmises or conjectures; appeal may be:
which must be distinctly set forth. This is the factual-issue- 2. when the inference made is manifestly mistaken, 1. Denied by the SC or
bar-rule. Roman Catholic Archbishop of Manila v Sta. Teresa absurd or impossible; 2. Referred to CA
3. when there is grave abuse of discretion;
• Factual findings of administrative or quasi-judicial 4. when the judgment is based on a misapprehension of • Denied. It may be denied because of the settled rule
bodies, including labor tribunals, are accorded much facts; that only questions of law may be entertained in a
respect by this Court as they are specialized to rule on 5. when the findings of fact are conflicting; petition for review on certiorari. Asian Terminals, Inc.
matters falling within their jurisdiction especially 6. when in making its findings[,] the Court of Appeals v Simon Enterprises, Inc
when these are supported by substantial evidence. went beyond the issues of the case, or its findings are
Philippine Transmarine Carriers, Inc. v. Cristino contrary to the admissions of both the appellant and • Refer to CA. An appeal by certiorari taken to the SC
the appellee; from the RTC submitting issues of fact may be
• SC not trier of facts. The rule is predicated on the 7. when the findings are contrary to that of the trial referred to the CA for decision or appropriate action.
principle that the SC is not a trier of facts; only errors court; The determination of the SC on whether or not issues
of law are generally reviewable in a petition for 8. when the findings are conclusions without citation of of fact are involved shall be final. Section 6, Rule 56
review on certiorari. Guerrero v Philippine specific evidence on which they are based;
Transmarine Carriers 9. when the facts set forth in the petition[,] as well as in RULE 45 and RULE 65
the petitioner's main and reply briefs[,] are not
• Fact findings of lower courts are generally disputed by the respondent; Comparison
conclusive on the SC. A Rule 45 petition is limited to 10. when the findings of fact are premised on the Rule 45 Rule 65
questions of law since factual findings of the lower supposed absence of evidence and contradicted by the Petition for review on Petition for certiorari
courts are, as a rule, conclusive on the SC. The SC, as evidence on record; [and] certiorari/appeal by certiorari
a rule, does not try facts or examine testimonial or 11. when the Court of Appeals manifestly overlooked Mode of appeal; continuation Original action and
documentary evidence on record. PNB v Dalmacio certain relevant facts not disputed by the parties, of the case subject of the independent of the case that
which, if properly considered, would justify a appeal. Manalo v Ateneo de gave rise to the assailed
different conclusion
• Applicable to criminal cases. The factual-issue-bar Naga University ruling. Manalo v Ateneo de
rule also applies to criminal case. In the review of a Naga University
Directed against final Directed against interlocutory Exception: 65 treated as a 45. The Court may set aside
judgment or final orders orders or matters where no technicality for justifiable reasons as when the petition before
since it is a mode of appeal appeal may be made the court is clearly meritorious and filed on time under Rules
Raises only questions of law Raises question of 45 and 65. In accordance with the liberal spirit which
jurisdiction because a pervades the Rules and in the interest of justice, the Court
tribunal, board or officer may treat the petition as having been filed under Rule 45.
exercising judicial or quasi- International Corporate Bank, Inc. v CA
judicial functions has acted
w/o jurisdiction or w/ Some considerations. On several occasions, however, the
GADALEJ Court has treated a petition for certiorari as a petition for
Filed within 15 days from Filed not later than 60 days review on certiorari when:
notice of judgment, final from notice of judgment, a. the petition has been filed within the 15-day
order, or resolution appealed order, or resolution to be reglementary period;
from assailed b. public welfare and the advancement of public policy
Does not require prior MR Generally requires prior MR dictate such treatment;
Stays the judgment appealed Does no stay the judgment or c. the broader interests of justice require such treatment;
from order subject of the petition d. the writs issued were null and void; or
unless enjoyed or restrained e. the questioned decision or order amounts to an
The parties are the original The tribunal, board, officer oppressive exercise of judicial authority. Dongon v.
parties with the appealing exercising judicial or quasi- Rapid Movers and Forwarders Co., Inc.,
party as the petitioner and the judicial functions is
adverse party as the impleaded as respondent
respondent, without
impleading the lower court or
its judge
Filed only with the SC May be filed with RTC and
CA aside from the SC
When a 65 petition is treated as a 45
General rul2: 45 and 65 are mutually exclusive; may merit

outright dismissal. As a rule, a party cannot simultaneously
file a petition both under Rule 45 and Rule 65 because they
pertain to different remedies and have distinct application.
They are mutually exclusive and not alternative or cumulative.
When a party adopts an improper remedy, his petition may be
dismissed outright. Nagkahiusang Mamumuo sa PICOP
Resources, Inc v CA

RULE 46: original cases ad majorem dei gloriam CIVIL PROCEDURE
RULE 46: 1. together with proof of service thereof on the the clerk of court and deposit the amount of P500.00 for costs
respondent with the original copy intended for the at the time of the filing of the petition.
ORIGINAL CASES court indicated as such by the petitioner, and
1. Nature 2. shall be accompanied by a clearly legible duplicate Effect of non-compliance with requirements. The failure of
2. Contents of petition original or certified true copy of the judgment, order, the petitioner to comply with any of the foregoing
3. Action by the court resolution, or ruling subject thereof, such material requirements shall be sufficient ground for the dismissal of the
portions of the record as are referred to therein, and petition.
NATURE other documents relevant or pertinent thereto.
ACTION BY THE COURT
Original cases in CA; petitioner v respondent. In all cases • Certification of judgment. The certification shall be
originally filed in the Court of Appeals, the party instituting accomplished by: Action by the court. The court may:
the action shall be called the petitioner and the opposing party 1. the proper clerk of court or by his duly authorized 1. dismiss the petition outright with specific reasons for
the respondent. Section 1, Rule 46. representative, or such dismissal or
2. by the proper officer of the court, tribunal, agency 2. require the respondent to file a comment on the same
To what actions applicable. This Rule shall apply to original or office involved or by his duly authorized within ten (10) days from notice. Section 5, Rule 46.
actions for: representative.
1. certiorari, • Failure to file comment not fatal. When no
2. prohibition Copies of petition + copies of documents attached to the comment is filed by any of the respondents, the case
3. mandamus and original. The other requisite number of copies of the petition may be decided on the basis of the record, without
4. quo warranto. shall be accompanied by clearly legible plain copies of all prejudice to any disciplinary action which the court
documents attached to the original. may take against the disobedient party. Section 7,
Annulment of judgment. Except as otherwise provided, the Rule 46.
actions for annulment of judgment shall be governed by: Certificate of non-forum shopping. The petitioner shall also
1. Rule 47 for certiorari, submit together with the petition a sworn certification that: Only pleadings required by the court shall be allowed. All
2. prohibition and mandamus by Rule 65, and 1. he has not theretofore commenced any other action other pleadings and papers may be filed only with leave of
3. for quo warranto by Rule 66. Section 2, Rule 46. involving the same issues in the Supreme Court, the court. Section 5, Rule 46.
Court of Appeals or different divisions thereof, or any
CONTENTS AND FILING OF PETITION other tribunal or agency; Determination of factual issues. Whenever necessary to
Section 3, Rule 46 2. if there is such other action or proceeding, he must resolve factual issues
state the status of the same; and 1. the court itself may conduct hearings thereon or
Contents. The petition shall contain: 3. if he should thereafter learn that a similar action or 2. delegate the reception of the evidence on such issues
1. the full names and actual addresses of all the proceeding has been filed or is pending before the to any of its members or to an appropriate court,
petitioners and respondents, Supreme Court, the Court of Appeals, or different agency or office. Section 6, Rule 46.
2. a concise statement of the matters involved, divisions thereof, or any other tribunal or agency, he
3. the factual background of the case, and undertakes to promptly inform the aforesaid courts Jurisdiction over person of respondent, how acquired. The
4. the grounds relied upon for the relief prayed for. and other tribunal or agency thereof within five (5) court shall acquire jurisdiction over the person of the
days therefrom. respondent by:
7 copies of the petition. It shall be filed in seven (7) clearly 1. the service on him of its order or resolution indicating
legible copies Payment of docket fees + deposit of cost. The petitioner its initial action on the petition or
shall pay the corresponding docket and other lawful fees to
2. his voluntary submission to such jurisdiction. Section
4, Rule 46.

RULE 47: annulment of judgments/final orders & reso ad majorem dei gloriam CIVIL PROCEDURE
RULE 47: • Lack of jurisdiction. Lack of jurisdiction, as a
• Original and independent action; proper party ground for annulment of judgment refers to the lack
ANNULMENT OF JUDGMENTS OR need not be a party to the judgment sought to be of jurisdiction over the person of the defending party
FINAL ORDERS AND annulled. Annulment of a judgment is an original or over the subject matter of the claim. One seeking to
action and independent of the case where the annul the judgment of the court must show an
RESOLUTIONS judgment sought to be annulled is promulgated. absolute lack of authority on the part of the court to
Hence, a proper party to file a petition for annulment heal and decide the case. there would be no valid
NATURE of a judgment or final order need not be a party to the ground to annul if the error pertains to the trial court’s
judgment sought to be annulled. Nevertheless, it is exercise of jurisdiction and not the absence of
Coverage; annulment of judgment or final orders of RTC essnetal that he is able to prove y preponderance of jurisdiction. Heirs of Maura So. v Obliosca
by CA. This Rule shall govern the annulment by the Court of evidence that he is adversely affected by the
Appeals of judgments or final orders and resolutions in civil judgment. Encarnacion v Johnson PROCEDURE
actions of Regional Trial Courts for which the ordinary
remedies of new trial, appeal petition for relief or other • Limited to final judgments, orders, or resolutions. Section 3, Rule 47
appropriate remedies are no longer available through no fault A final judgment is one which finally disposes of a Period for filing action. If based on extrinsic fraud, the
of the petitioner. Section 1, Rule 47 case, leaving nothing more for the court to do in action must be filed within four (4) years from its discovery;
respect thereto. Hence, Rule 47 will not apply to an and if based on lack of jurisdiction, before it is barred by
Coverage; annulment of judgments or final orders of order implementing a writ of execution as it is not a laches or estoppel.
MTC by RTC. An action to annul a judgment or final order final order, by one that merely enforces a judicial
of a Municipal Trial Court shall be filed in the Regional Trial process over an identified object. Section 4, Rule 47
Court having jurisdiction over the former. It shall be treated as Filing and contents of petition. The action shall be
an ordinary civil action and sections 2, 3 4, 7, 8 and 9 of this Grounds for annulment. The annulment may be based only commenced by filing a verified petition alleging therein with
Rule shall be applicable thereto. Section 10, Rule 47 on the grounds of: particularity the facts and the law relied upon for annulment,
1. extrinsic fraud and as well as those supporting the petitioner’s good and
• Equitable relief. The remedy granted only under 2. lack of jurisdiction. substantial cause of action or defense, as the case may be.
exceptional circumstances provided that the petitioner
has failed to avail himself of the ordinary or • Extrinsic fraud shall not be a valid ground if it was 7 copies of petition + copies for each respondent. The
appropriate remedies afforded by law without fault on availed of, or could have been availed of, in a motion petition shall be filed in seven (7) clearly legible copies,
his part. The petition should show that ordinary for new trial or petition for relief. Section 2, Rule 47 together with sufficient copies corresponding to the number of
remedies of new trial, appeal, petition for relief, are respondents.
no longer available. Aquino v Tangkengko • Extrinsic fraud. This refers to any fraudulent act of
the prevailing party in litigation committed outside Attach certified true copy. A certified true copy of the
• Original and independent action; notify the trial of the case whereby the defeated party is judgment or final order or resolution shall be attached to the
respondent. Annulment of a judgment is an original prevented from fully exhibiting his side by fraud or original copy of the petition intended for the court and
action, which is separate and distinct and independent deception. It is important that the fraud must arise indicated as such by the petitioner.
of the case where the judgment sought to be annulled from the act of the other party and is of such a nature
is rendered. Thus, regardless of the nature of the as to deprive the defeated party of his day in court. Certificate of non-forum shopping. The petitioner shall also
original action [personam, in rem, or quasi in rem] the Sibal v Buquel. submit together with the petition affidavits of witnesses or
respondent should be notified of the petition seeking documents supporting the cause of action or defense and a
to annul the court’s decision. Frias v Alcayde sworn certification thatA has not theretofore commenced any
other action involving the same issues in the Supreme Court, • Exception; not suspended when extrinsic fraud
the Court of Appeals or different divisions thereof, or any attributable to plaintiff. However, the prescriptive
other tribunal or agency; if there is such other action or period shall not be suspended where the extrinsic
proceeding, he must state the status of the same, and if he fraud is attributable to the plaintiff in the original
should thereafter learn that a similar action or proceeding has action. Section 8, Rule 47
been filed or is pending before the Supreme Court, the Court
of Appeals, or different divisions thereof, or any other tribunal Ground is extrinsic fraud; case is tried by the TC as if
or agency, he undertakes to promptly inform the aforesaid MNT granted. However, where the judgment or final order
courts and other tribunal or agency thereof within five (5) or resolution is set aside on the ground of extrinsic fraud, the
days therefrom. court may on motion order the trial court to try the case as if a
timely motion for new trial had been granted therein. Section
ACTION BY THE COURT 7, Rule 47
Dismissal. Should the court find no substantial merit in the Reliefs available. The judgment of annulment may include
petition, the same may be dismissed outright with specific the:
reasons for such dismissal. 1. award of damages,
2. attorney’s fees and
Given due course. Should prima facie merit be found in the 3. other relief.
petition, the same shall be given due course and summons
shall be served on the respondent. Section 5, Rule 47 If the questioned judgment or final order or resolution had
already been executed, the court may issue such orders of
Procedure. The procedure in ordinary civil cases shall be restitution or other relief as justice and equity may warrant
observed. Should a trial be necessary, the reception of the under the circumstances. Section 9, Rule 47.
evidence may be referred to a member of the court or a judge
of a Regional Trial Court. Section 6, Rule 47
EFFECT OF JUDGMENT
Ground is lack of jurisdiction; set aside questioned

judgment. A judgment of annulment shall set aside the
questioned judgment or final order or resolution and render
the same null and void, without prejudice to the original
action being refiled in the proper court. Section 7, Rule 47
• General rule, prescriptive period suspended. The

prescriptive period for the refiling of the aforesaid
original action shall be deemed suspended from the
filing of such original action until the finality of the
judgment of annulment.

RULE 48: Exception. Unless, within five (5) days from notice thereof,
any party shall satisfactorily show valid cause why the same
PRELIMINARY CONFERENCE should not be followed. Section 2, Rule 48
Preliminary conference. Any time during the pendency of a

case, the court may call the parties and their counsel to a
preliminary conference:
a. To consider the possibility of an amicable settlement,
except when the case is not allowed by law to be
compromised;
b. To define, simplify and clarify the issues for
determination;
c. To:
a. formulate stipulations of facts and admissions
of documentary exhibits,
b. limit the number of witnesses to be presented
in cases falling within the original jurisdiction
of the court, or those within its appellate
jurisdiction where a motion for new trial is
granted on the ground of newly discovered
evidence; and
d. To take up such other matters which may aid the court
in the prompt disposition of the case. Section 1, Rule
48
Record of the conference. The proceedings at such

conference:
1. shall be recorded and,
2. upon the conclusion thereof, a resolution shall be
issued embodying:
a. all the actions taken therein,
b. the stipulations and admissions made,
c. and the issues defined. Section 2, Rule 48
General rule; resolution generally binding. Subject to such

modifications which may be made to prevent manifest
injustice, the resolution in the preceding section shall control
the subsequent proceedings in the case

RULE 49: oral argument ad majorem dei gloriam CIVIL PROCEDURE
RULE 49:
ORAL ARGUMENT
When allowed. At its own instance or upon motion of a party,
the court may hear the parties in oral argument on the merits
of a case, or on any material incident in connection therewith.
Guidelines.
1. The oral argument shall be limited to such matters as
the court may specify in its order or resolution.
Section 1, Rule 49
2. Unless authorized by the court, only one counsel may
argue for a party. Section 2, Rule 49.
3. The duration allowed for each party, the sequence of
the argumentation, and all other related matters shall
be as directed by the court. Section 2, Rule 49.
No hearing or oral argument for motions. Motions shall not

be set for hearing and, unless the court otherwise directs, no
hearing or oral argument shall be allowed in support thereof.
Objections to motion; 5 days from service. The adverse

party may file objections to the motion within five (5) days
from service, upon the expiration of which such motion shall
be deemed submitted for resolution. Section 3, Rule 49.

RULE 50: 2. Notice of appeal to CA from appellate judgment of
RTC. An appeal by notice of appeal instead of by
DISMISSAL OF APPEAL petition for review from the appellate judgment of a
Regional Trial Court shall be dismissed.
Grounds for dismissal of appeal. An appeal may be
dismissed by the Court of Appeals, on its own motion or on Outright dismissal.An appeal erroneously taken to the Court
that of the appellee, on the following ground: of Appeals shall not be transferred to the appropriate court but
a. Failure of the record on appeal to show on its face that shall be dismissed outright. Section 2, Rule 50
the appeal was taken within the period fixed by these
Rules; Withdrawal of appeal. An appeal may be withdrawn as of
b. Failure to file the notice of appeal or the record on right at any time before the filing of the appellee’s brief.
appeal within the period prescribed by these Rules; Thereafter, the withdrawal may be allowed in the discretion of
c. Failure of the appellant to pay the docket and other the court. Section 3, Rule 50
lawful fees as provided in. section 4 of Rule 41;
d. Unauthorized alterations, omissions or additions in
the approved record on appeal as provided in section
4 of 44;
e. Failure of the appellant to serve and file the required
number of copies of his brief or memorandum within
the time provided by these Rules;
f. Absence of specific assignment of errors in the
appellant’s brief, or of page references to the record
as required in section 13, paragraphs (a), (c), (d) and
(f) of Rule 44;
g. Failure of the appellant to take the necessary steps for
the correction or completion of the record within the
time limited by the court in its order;
h. Failure of the appellant to appear at the preliminary
conference under Rule 48 or to comply with orders,
circulars, or directives of the court without justifiable
cause; and
i. The fact that the order or judgment appealed from is
not appealable. Section 1, Rule 50
Dismissal of improper appeal to the Court of Appeals:

1. Pure questions of law. An appeal under Rule 41
taken from the Regional Trial Court to the Court of
Appeals raising only questions of law shall be
dismissed, issues purely of law not being reviewable
by said court.
RULE 51: judgment ad majorem dei gloriam CIVIL PROCEDURE
RULE 51: 2. clearly and distinctly state the conclusions of law on
which it is based, which may be: • Papa. Simply stated, it means defenses or objections
JUDGMENT a. contained in the decision or final resolution not raised in the brief are deemed waived, except
1. Disposition of appealed cases itself, or jurisdiction over the subject matter or the validity of
a. CA in the exercise of its appellate jurisdiction b. adopted from those set forth in the decision, the judgment, or anything closely related thereto.
b. Doctrine of harmless error order, or resolution appealed from. Section
c. Questions that may be decided 40, BP Blg. 129, Section 5, Rule 51 WHO RENDERS DECISION
d. Judgment when there are several parties
2. Who renders decision Doctrine of harmless error By whom rendered
a. By whom rendered Section 6, Rule 51 Rendered those who participated. The judgment shall be
b. Quorum and voting rendered by the members of the court who participated in the
3. When case deemed submitted for judgment Harmless error. No error in either the: deliberation on the merits of the case before its assignment to
a. In ordinary appeals 1. admission or a member for the writing of the decision. Section 2, Rule 51
b. In original actions and petitions for review 2. exclusion of evidence
4. Subsequent proceedings and no error or defect in
a. Judgment when there are several parties Quorum and voting in the court
1. any ruling or
b. Promulgation of judgment and notice Section 3, Rule 51
2. order or
c. Entry of judgments and final resolutions 3. in anything done or omitted by the trial court or by
d. Execution of judgment any of the parties Division. The pronouncement of a judgment or final
is ground for resolution requires the:
Note. Rules 44-55 (except 45) govern the proceedings in the 1. granting a new trial or 1. participation of all three Justices of a division shall
CA. Rules 46, 48, 49, and 52 are also applicable to SC. 2. setting aside, be necessary at the deliberation and
3. modifying, or 2. unanimous vote of the three Justices
DISPOSITION OF APPEALED CASES 4. otherwise disturbing a judgment or order,
unless refusal to take such action appears to the court When no unanimous vote is reached. If the three Justices do
CA in the exercise of its appellate jurisdiction inconsistent with substantial justice. not reach a unanimous vote
1. The clerk shall enter the votes of the dissenting
Disposition of a case. The Court of Appeals, in the exercise The court at every stage of the proceeding must disregard any Justices in the record.
of its appellate jurisdiction, may: error or defect which does not affect the substantial rights of 2. Thereafter, the Chairman of the division shall refer
a. affirm, the case, together with the minutes of the deliberation,
the parties.
to the Presiding Justice who shall designate two
b. reverse, or
Justices chosen by raffle from among all the other
c. modify the judgment or final order appealed from, and Questions that may be decided. No error which does not members of the court to sit temporarily with them,
d. direct a new trial or further proceedings to be had. Section affect the jurisdiction over the subject matter or the validity of forming a special division of five Justices.
4, Rule 51 the judgment appealed from or the proceedings therein will be
considered unless stated in the assignment of errors, or closely Special division voting requirements. For the
Form of decision. Every decision or final resolution of the related to or dependent on an assigned error and properly pronouncement of a judgment or final resolution by the
court in appealed cases shall: argued in the brief, save as the court may pass upon plain special division created when no unanimous vote by the
1. clearly and distinctly state the findings of fact and errors and clerical errors. Section 8, Rule 51 division is reached requires:

RULE 51: judgment ad majorem dei gloriam CIVIL PROCEDURE
1. The participation of all the five members of the 2. upon the filing of the last pleading or Executory when entered. The date when the judgment or
special division shall be necessary for the deliberation memorandum as may be required or final resolution becomes executory shall be deemed as the
required in section 2 of this Rule and permitted to be filed by the court, or date of its entry.
2. the concurrence of a majority of such division shall be the expiration of the period for its filing.
required for the pronouncement of a judgment or final Form of the record. The record:
resolution. SUBSEQUENT PROCEEDINGS 1. shall contain the dispositive part of the judgment or
final resolution and
WHEN CASE DEEMED SUBMITTED FOR Judgment where there are several parties 2. shall be signed by the clerk,
JUDGMENT 3. with a certificate that such judgment or final
Section 1, Rule 51 Different judgment for different parties possible. In all resolution has become final and executory. Section
actions or proceedings, an appealed judgment may be: 10, Rule 51
In ordinary appeals 1. affirmed as to some of the appellants, and
2. reversed as to others, and Execution of judgment
A case shall be deemed submitted for judgment: the case shall thereafter be proceeded with, so far as Section 11, Rule 51
necessary, as if separate actions had been begun and General rule: The motion for its execution may only be filed
When no hearing. Where no hearing on the merits of the prosecuted; and execution of the judgment of affirmance may in the proper court after its entry.
main case is held, upon: be had accordingly, and costs may be adjudged in such cases, Exception: Where the judgment or final order or resolution,
1. the filing of the last pleading, brief, or memorandum as the court shall deem proper. Section 7, Rule 51 or a portion thereof is ordered to be immediately executory,
required by the Rules or by the court itself, or the motion for execution may be filed before its entry.
2. the expiration of the period for its filing. Promulgation and notice of judgment
Writ of execution; original action. In original actions in the
When there is hearing. Where such a hearing is held, upon: Sign + deliver to clerk. After the judgment or final resolution Court of Appeals, its writ of execution shall:
1. its termination or and dissenting or separate opinions, if any, are signed by the 1. be accompanied by a certified true copy of the entry
2. the filing of the last pleading or memorandum as may Justices taking part, they shall be delivered for filing to the of judgment or final resolution and
be required or permitted to be filed by the court, or 2. addressed to any appropriate officer for its
clerk who shall:
3. the expiration of the period for its filing. enforcement.
1. indicate thereon the date of promulgation and
2. cause true copies thereof to be served upon the
In original actions and petitions for review Writ of execution; appealed case. In appealed cases, where
parties, or their counsel. Section 9, Rule 51
the motion for execution pending appeal is filed in the Court
A case shall be deemed submitted for judgment: Entry of judgments and final resolutions of Appeals at a time that it is in possession of the original
1. Where no comment is filed, upon the expiration of the record or the record on appeal:
period to comment. 1. the resolution granting such motion shall be
Entered when no appeal/MNTMR. If no appeal or motion
2. Where no hearing is held, upon the filing of the last transmitted to the lower court from which the case
for new trial or reconsideration is filed within the time
pleading required or permitted to be filed by the court, originated,
or the expiration of the period for its filing. provided in these Rules, the judgment or final resolution shall
forthwith be entered by the clerk in the book of entries of 2. together with a certified true copy of the judgment or
3. Where a hearing on the merits of the main case is final order to be executed,
held, upon: judgments.
3. with a directive for such court of origin to issue the
1. its termination or proper writ for its enforcement.

RULE 52: motion for reconsideration ad majorem dei gloriam CIVIL PROCEDURE
RULE 52:
MOTION FOR RECONSIDERATION
Note. Rules 44-55 (except 45) govern the proceedings in the
CA. Rules 46, 48, 49, and 52 are also applicable to SC.
Period for filing. A party may file a motion for

reconsideration of a judgment or final resolution within 15
days from notice thereof, with proof of service on the adverse
party. Section 1, Rule 52
• Resolution of motion. In the Court of Appeals, a

motion for reconsideration shall be resolved within 90
days from the date when the court declares it
submitted for resolution. Section 3, Rule 52
• MR stays the execution of judgment. The pendency

of a motion for reconsideration filed on time and by
the proper party shall stay the execution of the
judgment or final resolution sought to be reconsidered
unless the court, for good reasons, shall otherwise
direct. Section 4, Rule 52
Second motion for reconsideration. No second motion for

reconsideration of a judgment or final resolution by the same
party shall be entertained. Section 2, Rule 52

RULE 53: new trial ad majorem dei gloriam CIVIL PROCEDURE
RULE 53: 4. The evidence was discovered after trial;
5. Such evidence could not have been discovered and
NEW TRIAL produced at the trial with reasonable diligence; and
1. Period for filing 6. Such evidence is material, not merely cumulative,
2. Ground corroborative or impeaching, and is of such weight that if
3. Actions by CA admitted would probably change the judgment (CIR v A.
4. Procedure in new trial Soriano Corporation
Note. Rules 44-55 (except 45) govern the proceedings in the Note: These requisites originated in the case of Berry v State
CA. Rules 46, 48, 49, and 52 are also applicable to SC. of Georgia.
Motion for new trial. It is a motion for the trial court to set Accompanied by affidavits of merit. The motion shall be
aside the judgment or final order and grant a new trial. Riano, accompanied by affidavits showing the facts constituting the
2011 grounds therefor and the newly discovered evidence.
Period for filing Actions by the CA
Period. At any time: The Court of Appeals shall:

1. after the appeal from the lower court has been 1. consider the new evidence together with that adduced
perfected and at the trial below, and
2. before the Court of Appeals loses jurisdiction over the 2. may grant or refuse a new trial, or
case 3. may make such order, with notice to both parties, as
to the taking of further testimony, either orally in
Ground court, or by depositions, or
Section 1, Rule 53 4. render such other judgment as ought to be rendered
upon such terms as it may deem just. Section 2, Rule
53
Newly-discovered evidence. A party may file a motion for a
new trial on the ground of newly discovered evidence:
Resolution of motion; 90 days from su. In the Court of
1. which could not have been discovered prior to the
Appeals, a motion for new trial shall be resolved within 90
trial in the court below by the exercise of due
diligence and days from the date when the court declares it submitted for
2. which is of such a character as would probably resolution. Section 3, Rule 53
change the result.
Procedure in new trial
• Recall. Grounds for MNT in RTC under Rule 37 are
FAME and newly-discovered evidence. Unless the court otherwise directs, the procedure in the new
trial shall be the same as that granted by a Regional Trial
Berry Rule; requisites of newly discovered evidence. Court. Section 4, Rule 53

RULE 54: internal business ad majorem dei gloriam CIVIL PROCEDURE
RULE 54: Division; 3. Three members shall constitute a quorum for the
sessions of a division.
INTERNAL BUSINESS
• Resolution; unanimous vote. The affirmative votes
1. Distribution of cases of three members of a division shall be necessary for
2. Quorum the pronouncement of a judgment or final resolution,
which shall be reached in consultation before the
writing of the opinion by any member of the division.
Distribution of cases among divisions
Section 1, Rule 54
Division. All the cases of the Court of Appeals shall be

allotted among the different divisions thereof for hearing and
decision.
Rules set by CA en banc. The Court of Appeals, sitting en

banc, shall make proper orders or rules to govern:
1. the allotment of cases among the different divisions,
2. the constitution of such divisions,
3. the regular rotation of Justices among them,
4. the filling of vacancies occurring therein, and
5. other matters relating to the business of the court; and
SC may repeal CA rules. Such rules shall continue in force

until repealed or altered by it or by the Supreme Court.
Quorum of the court

Section 11, first par. of BP Blg. 129, as amended by Section
6 of EO 33, Section 2, Rule 54
En banc; majority of actual members. A majority of the

actual members of the court shall constitute a quorum for its
sessions en banc.
• Resolution; majority vote. The affirmative votes of

the majority of the members present shall be
necessary to pass a resolution of the court en banc.

RULE 55: publication of judgments and final reso ad majorem dei gloriam CIVIL PROCEDURE
RULE 55: Section 23(a), RA. No. 296, Section 1, Rule 55
PUBLICATION OF JUDGMENTS The published decisions and final resolutions of the

AND FINAL RESOLUTION 1. Supreme Court shall be called “Philippine Reports,”
2. while those of the Court of Appeals shall be known as
the “Court of Appeals Reports.”
1. Preparation of opinions for publication
2. Publication Each volume thereof shall contain:
3. General make-up of volumes 1. a table of the cases reported and the cases cited in the
opinions,
Preparation of opinions for publication 2. with a complete alphabetical index of the subject
Section 2, Rule 55 matters of the volume.
The reporter shall prepare and publish with each reported 700 pages. It shall consist of not less than seven hundred
judgment and final resolution: pages printed upon good paper, well bound and numbered
1. a concise synopsis of the facts necessary for a clear consecutively in the order of the volumes published.
understanding of the case,
2. the names of counsel,
3. the material and controverted points involved,
4. the authorities cited therein, and
5. a syllabus which shall be confined to points of law.
Publication
Section 1, Rule 55
The judgments and final resolutions of the court shall be

published:
1. in the Official Gazette and
2. in the Reports officially authorized by the court
in the language in which they have been originally written,
together with the syllabi therefor prepared by the reporter in
consultation with the writers thereof.
Memoranda of all other judgments and final resolutions not so

published shall be made by the reporter and published in the
Official Gazette and the authorized reports.
General make-up of volumes

RULE 56: cases cognizable by sc ad majorem dei gloriam CIVIL PROCEDURE
PROCEDURE IN THE SUPREME COURT shall be in accordance with the applicable provisions of the 1. death,
1. Original cases Constitution, laws, and Rules 46, 48, 49, 51, 52 and this Rule, 2. reclusion perpetua or
a. Cases originally cognizable by SC subject to the following provisions: 3. life imprisonment. Section 3, Rule 56
b. Rules a. All references in said Rules to the Court of Appeal
2. Appealed cases shall be understood to also apply to the Supreme • Appeal by notice of appeal allowed. In these cases,
a. Mode of appeal Court; appeal may be taken to the Supreme Court by Notice
b. Grounds for dismissal of appeal b. The portions of said Rules dealing strictly with and of Appeal
c. Disposition of improper appeal specifically intended for appealed cases in the Court
d. Voting of SC en banc of Appeals shall not be applicable; and Procedure for appeal. The appeal shall be governed by and
c. 18 clearly legible copies of the petition shall be filed, disposed of in accordance with the applicable provisions of
RULE 56-A together with proof of service on all adverse parties. the Constitution, laws, Rules 45, 48, sections 1, 2, and 5 to 11
of Rule 51, 52 and this Rule. Section 4, Rule 56
ORIGINAL CASES Note: Rules 44-55 (except 45) govern the proceedings in
the Court of Appeals. However, Rules 46, 48, 49, and 52 Grounds for dismissal of appeal
Original cases cognizable by the SC are also applicable to the SC.
Section 1, Rule 56 1. Rule 46- original cases The appeal may be dismissed:
2. Rule 48- preliminary conference 1. motu proprio or
Only petitions for:
3. Rule 49- oral arguments 2. on motion of the respondent
a. certiorari, 4. Rule 51- judgment on the following grounds:
b. prohibition,
5. Rule 52- motion for reconsideration a. Failure to take the appeal within the reglementary;
c. mandamus,
d. quo warranto, b. Lack of merit in the petition;
Rules for disciplinary action against lawyers. The c. Failure to pay the requisite docket fee and other
e. habeas corpus,
f. disciplinary proceedings against members of the proceedings for disciplinary action against members of the lawful fees or to make a deposit for costs
judiciary and attorneys, and judiciary shall be governed by the laws and Rules prescribed d. Failure to comply with the requirements regarding
g. cases affecting ambassadors, other public ministers therefor, and those against attorneys by Rule 139-B, as proof of service and contents of and the documents
and consuls amended. which should accompany the petition;
may be filed originally in the Supreme Court. e. Failure to comply with any circular, directive or order
of the Supreme Court without justifiable cause
Rules applicable RULE 56: B. f. Error in the choice or mode of appeal; and
g. The fact that the case is not appealable to the Supreme
Section 2, Rule 56 APPEALED CASES
Mode of Appeal to SC
The procedure in original cases for:
1. certiorari, Mode of appeal
Appeal by certiorari but
2. prohibition, By notice of appeal
3. mandamus, General Rule: An appeal to the Supreme Court may be raises factual issues
4. quo warranto and taken only by a petition for review on certiorari.
5. habeas corpus referred to the CA for
General rule: Dismissed
Exception: In criminal cases where the penalty imposed is: appropriate action
Exception: Allowed in
177 Last revision: 08 June 2020 criminal cases where JO VALLES. JULIA REAL
penalty imposed is
death, RP, or LI
RULE 56: cases cognizable by sc ad majorem dei gloriam CIVIL PROCEDURE
Court. Section 5, Rule 56
Disposition of improper appeal

Section 6, Rule 56
Appeal by notice of appeal generally dismissible except
death, RP, LI. An appeal taken to the Supreme Court by
notice of appeal shall be dismissed except as provided in
section 3, Rule 122 regarding appeals in criminal cases where
the penalty imposed is death, reclusion perpetua or life
imprisonment.
45 petition to SC that raises factual issues may be referred

to CA. An appeal by certiorari taken to the Supreme Court
from the Regional Trial Court submitting issues of fact may
be referred to the Court of Appeals for decision or appropriate
action. The determination of the Supreme Court on whether or
not issues of fact are involved shall be final.
VOTING BY COURT EN BANC
Procedure if opinion is equally divided

Section 7, Rule 56
Re-deliberate. Where the court en banc is equally divided in

opinion, or the necessary majority cannot be had, the case
shall again be deliberated on.
If after such deliberation no decision is reached:

1. the original action commenced in the court shall be
dismissed;
2. in appealed cases, the judgment or order appealed
from shall stand affirmed; and on all incidental
matters, the petition or motion shall be denied.

Provisional remedies ad majorem dei gloriam CIVIL PROCEDURE
PROVISIONAL REMEDIES
Provisional Remedy When to Apply In What Principal Action/s

Preliminary Attachment (Rule 57) At the commencement of the action or at any time before entry of judgment 1. Recovery of liquidated sum of money
2. Recovery of possession of property unjustly or fraudulently taken,
detained or converted
Preliminary Injunction (Rule 58) At any stage of the action prior to the judgment or final order Action for injunction, whether or not coupled with othe prayers
Receivership (Rule 59) At any stage of the proceedings and evenafter judgment has become final and 1. Receivership action
executory as means of enforcing judgment 2. Real action involving title to or possession
of realty
3. Foreclosure of mortgage 4. Dissolution of corporation
Replevin (Rule 60) At the commencement of the action or at any time before answer 1. Recovery of possession of personal property
2. Recovery of personal property subject of chattel mortgage as a
preliminary step to extrajudicial foreclosure
Support Pendente Lite (Rule 61) At the commencement of the prior action or proceeding or at any time prior to 1. Support, whether as the main case or as one of several causes of action
judgment or final order 2. Criminal actions where the civil liability includes support of the
offspring as a consequence of the crime, i.e. rape, seduction
General Rule: Applications must be filed with the court having jurisdiction over the pending principal/main action. An inferior court may grant a provisional remedy in an action pending with it.
Exception: Provisional remedies in civil actions may be availed of insofar as they are applicable. When the civil action is instituted in the criminal as provided in Rule 111, the offended party may have
the property of the accused attached as security for the satisfaction of judgment that may be recovered from the accused in the following cases:
a. When the accused is about to abscond;
b. When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted for the use of the accused who is a public officer, officer of corporation,
attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty;
c. When the accused has concealed, removed, or disposed of his property, or is about to do so; and
d. When the accused reside outside the PH.
Court with jurisdiction over provisional remedies

The SC, CA, RTC and all first-level courts can issue the following provisional remedies:
1. Attachment;
2. Injunction;
3. Receivership; and
4. Replevin.
The court which grants or issues a provisional remedy is the court which has jurisdiction over the main action or where the petition is pending (Riano, 2016 Hence, the provisional remedies of support
pendente lite can only be issued by the RTC/Family Court since an action for support can only be filed with it being an action the subject matter of which is incapable of pecuniary estimation (Tan, 2013
NOTE: As a rule, courts may not grant an application for provisional remedy without complying with the requirements of notice and hearing. These requirements, however, may be dispensed with in an

Provisional remedies ad majorem dei gloriam CIVIL PROCEDURE
application for:
1. Writ for preliminary attachment. Under Section 2, Rule 57 of the Rules of Court, preliminary attachment may be issued ex parte or upon motion with notice and hearing.
2. Writ of replevin. Under Section 3, Rule 60, the Court shall issue an order and the corresponding writ of replevin, upon the filing of such affidavit and approval of the bond. There are no requirements of
prior notice and hearing (2014 Bar
1. 57

RULE 57: PRELIMINARY ATTACHMENT ad majorem dei gloriam CIVIL PROCEDURE
RULE 57: contract, delict or quasi-delict against a party who is Who may apply for a preliminary attachment. The plaintiff
about to depart from the Philippines with intent to or any proper party can avail of preliminary attachment as
PRELIMINARY ATTACHMENT defraud his creditors; long as any of the grounds therefor exists. He may also be:
1. Grounds i. The defendant on his counterclaim;
2. Issuance of writ of attachment b. Embezzler fiduciary. In an action for money or ii. A co-party on his cross-claim; and
a. Requirements for issuance of order of property embezzled or fraudulently misapplied or iii. A third-party plaintiff on his third-party claim Section 1,
attachment converted to his own use by a public officer, or an Rule 57; Regalado, 2010)
b. Issuance of order of attachment officer of a corporation, or an attorney factor, broker,
3. Manner of attaching property agent, or clerk, in the course of his employment as ISSUANCE OF WRIT OF ATTACHMENT
a. Sheriff’s duty to attach such, or by any other person in a fiduciary ‘capacity,
b. Requirements for enforcement of writ or for a willful violation of duty; Requirements for issuance of order of attachment
c. Manner of attachment of real and personal Section 4, Rule 57
property c. Fraudulently taken and prevented from being
d. Proceedings where the property is claimed by found. In an action to recover the possession of
a third person Requirement #1; affidavit. An order of attachment shall be
property unjustly or fraudulently taken, detained or
e. Sheriff’s return converted, when the property, or any part thereof, has granted only when it appears by the affidavit of the applicant,
4. Effects of attachment been concealed, removed, or disposed of to prevent its or of some other person who personally knows the facts:
a. Effect of attachment of intangibles being found or taken by the applicant or an authorized 1. that a sufficient cause of action exists,
b. Effect of attachment of interest belonging to person; 2. that the case is one of those mentioned in section 1
the estate of a decedent hereof,
5. Discharge of attachment d. Guilty of fraud. In an action against a party who has 3. that there is no other sufficient security for the
a. Counter-bond been guilty of a fraud in contracting the debt or claim sought to be enforced by the action, and
b. Other grounds incurring the obligation upon which the action is 4. that the amount due to the applicant, or the value of
brought, or in the performance thereof; the property the possession of which he is entitled to
GROUNDS Note: includes both kinds of fraud, i.e. recover, is as much as the sum for which the order is
Section 1, Rule 57 a. Dolo Causante - fraud in contracting the granted above all legal counterclaims.
obligation; and The affidavit, and the bond required by the next succeeding
When remedy may be availed of. At the commencement of b. Dolo Incidente- fraud in the performance section, must be duly filed with the court before the order
thereof (Regalado, 2012) issues. Section 3, Rule 57
the action or at any time before entry of judgment
e. Removed or about to remove to defraud creditors.
In an action against a party who has removed or Requirement #2; applicant’s bond. The party applying for
Grounds upon which attachment may issue. A plaintiff or
disposed of his property, or is about to do so, with the order must thereafter give a bond executed to the adverse
any proper party may have the property of the adverse party
intent to defraud his creditors; or party in the amount fixed by the court in its order granting the
attached as security for the satisfaction of any judgment that
issuance of the writ.
may be recovered in the following cases:
f. Non-residents. In an action against a party who does
not reside and is not found in the Philippines, or on • Condition. Conditioned that the latter [applicant] will
a. About to depart with intent to defraud creditors. whom summons may be served by publication.
In an action for the recovery of a specified amount of pay all the costs which may be adjudged to the
money or damages, other than moral and exemplary adverse party and all damages which he may sustain
a cause of action arising from law, contract, quasi-
by reason of the attachment, if the court shall finally in an amount equal to that fixed in the order, which may be
adjudge that the applicant was not entitled thereto. the amount sufficient to satisfy the applicant’s demand or the Requirements for enforcement of writ
value of the property to be attached as stated by the applicant,
Failure to allege matters required under Sec. 3, Rule 57 exclusive of costs. Prior or contemporaneous service of summons. No levy on
renders the writ totally defective as the judge issuing the writ attachment pursuant to the writ issued under section 2 hereof
acts in excess of jurisdiction (K.O Glass Construction Co., Several writs may be issued at the same time to the sheriffs shall be enforced unless it is preceded, or contemporaneously
Inc. v. Valenzuela, et al.; Regalado, 2012 of the courts of different judicial regions. accompanied, by
1. service of summons
Effect of existence of a mortgage. The writ will not be issued Stages in the issuance of a writ of attachment (OWI) 2. a copy of the complaint,
if a real estage mortgage exists to secure the obligation even 1. The court issues the order granting the application; 3. the application for attachment,
if, instead of filing an action for foreclosure, an action for a 2. The writ of attachment is issued pursuant to the order 4. the applicant’s affidavit and bond, and
sum of money was filed. Pursuant to Sec. 3, Rule 57, to justify granting the writ; and 5. the order and writ of attachment, on the defendant
the issuance of the writ of preliminary attachment, it must be 3. The writ is implemented. within the Philippines.
shown that the security is insufficient to cover the claim
(Riano, 2016 When summons not needed. The requirement of prior or
MANNER OF ATTACHING PROPERTY contemporaneous service of summons shall not apply where
Issuance of order of attachment 1. the summons could not be served personally or by
Section 2, Rule 57 Sheriff’s duty to attach substituted service despite diligent efforts, or
Section 5, Rule 57 2. the defendant is a resident of the Philippines
Issuance and contents of order. An order of attachment may
temporarily absent therefrom, or
be issued either:
3. the defendant is a non-resident of the Philippines, or
a. ex parte or General rule. The sheriff enforcing the writ shall without
4. the action is one in rem or quasi in rem.
b. upon motion delay and with all reasonable diligence attach, to await
with notice and hearing by: judgment and execution in the action, only so much of the
Manner of attachment of real and personal property
1. the court in which the action is pending, or property in the Philippines of the party against whom the writ recording thereof. Real and personal property shall be
2. by the Court of Appeals or is issued, not exempt from execution, as may be sufficient to
attached by the sheriff executing the writ in the following
3. the Supreme Court, satisfy the applicant’s demand,
manner:
Property covered. [The order of attachment] must require the Real property
Exception; when the sheriff will not attach. [The sheriff
sheriff of the court to attach so much of the property will attach] unless the former [the one whose property are
1. in the Philippines of the party against whom it is Real property. Real property, or growing crops thereon, or
about to be attached]:
issued, any interest therein:
1. makes a deposit with the court from which the writ is
2. not exempt from execution, 1. standing upon the record of the registry of deeds of
issued, or
3. as may be sufficient to satisfy the applicant’s demand, the province in the name of the party against whom
2. gives a counter-bond executed to the applicant, attachment is issued, or
in an amount equal:
When no attachment. [When the party against whom the 2. not appearing at all upon such records, or
1. to the bond fixed by the court in the order of 3. belonging to the party against whom attachment is
order is issued]: attachment or issued and held by any other persons or
1. makes deposit or 2. to the value of the property to be attached, exclusive 4. standing on the records of the registry of deeds in the
2. gives a bond as hereinafter provided of costs. name of any other person,
by filing with the registry of deeds 2. administrator or other personal representative of the
1. a copy of the order, Stocks or shares, or an interest in stocks or shares, of any decedent
2. together with a description of the property attached, corporation or company, by leaving with the: with a:
and 1. president or 1. copy of the writ and
3. a notice that it is attached, or that such real property 2. managing agent thereof, 2. notice that said interest is attached.
and any interest therein held by or standing in the a
name of such other person are attached, and 1. copy of the writ, and A copy of said writ of attachment of said notice shall also be
4. by leaving a copy of such order, description, and 2. a notice stating that the stock or interest of the party filed in the office of the clerk the court in which said estate is
notice with the occupant of the property, if any, or against whom the attachment is issued is attached in being settled and served upon the heir, legatee or devisee
with such other person or his agent if found within the pursuance of such writ; concerned.
province.
Debts and credits Property in legal custody
When registered land, make reference to title. Where the
property has been brought under the operation of either the Intangible property. Debts and credits, including; If the property sought to be attached is in custodia legis, a
Land Registration Act or the Property Registration Decree, the 1. bank deposits, copy of the writ of attachment shall be filed with the proper
notice shall contain a reference to 2. financial interest, court or quasi-judicial agency, and notice of the attachment
1. the number of the certificate of title, 3. royalties, served upon the custodian of such property. Section 7, Rule
2. the volume and page in the registration book where 4. commissions and 57
the certificate is registered, and 5. other personal property not capable of manual
3. the registered owner or owners thereof. delivery,
Principle of Seniority of Liens. Where property attached by
by leaving with the:
Duty of the registrar of deeds. The registrar of deeds must the judgment creditor had previously been mortgaged the
1. person owing such debts, or
index attachments filed under this section in the names of the 2. having in his possession or under his control, such judgment creditor’s lien is inferior to that of the mortgagee,
applicant, the adverse party, or the person by whom the credits or other personal property, which must first be satisfied in the event of foreclosure. In
property is held or in whose name it stands in the records. 3. or with his agent, reality, what was attached by the judgment creditor was
a: merely the judgment debtor’s right or equity of redemption
• If the attachment is not claimed on the entire area 1. a copy of the writ, and (Top Rate International Services, Inc. v. IAC
of the land covered by the certificate of title, a 2. notice that the debts owing by him to the party against
description sufficiently accurate for the identification whom attachment is issued, and the credits and other Preference between duly registered attachment by levy
of the land or interest to be affected shall be included personal property in his possession, or under his and lis pendens. Preference is given to a duly registered
in the registration of such attachment; control, belonging to said party, are attached in attachment over a subsequent notice of lis pendens, even if the
pursuance of such writ; beneficiary of the notice acquired the subject property before
Personal property registration of the attachment. Such notice does not establish a
Property in estate lien or an encumbrance on the property affected. As the name
Personal property capable of manual delivery, by: suggests, a notice of lis pendens with respect to a disputed
1. taking and safely keeping it in his custody, The interest of the party against whom attachment is issued in property is intended merely to inform third persons that any of
2. after issuing the corresponding receipt therefor; property belonging to the estate of the decedent, whether as their transactions in connection therewith -- if entered into
heir, legatee, or devisee, by serving the:
Shares of stock 1. executor or
subsequent to the notation -- would be subject to the result of Sheriff not bound to keep the property unless the RP not required to file a bond. When the writ of attachment
the suit (Du v. Stronghold Insurance Co., Inc applicant files a bond to indemnify the third party. If the is issued in favor of the Republic of the Philippines, or any
property attached is claimed by any person other than the officer duly representing it, the filing of such bond shall not
Preference between duly registered attachment by levy party against whom attachment had been issued or his agent, be required.
and prior sale of property. A levy on execution duly and such person
registered takes preference over a prior unregistered sale; and 1. makes an affidavit of his title thereto, or right to the Sheriff represented by SolgGen; damages paid by the
that even if the prior sale is subsequently registered before the possession thereof, treasury. And in case the sheriff is sued for damages as a
sale in execution but after the levy was duly made, the validity 2. stating the grounds of such right or title, and result of the attachment, he shall be represented by the
of the execution sale should be maintained, because it 3. serves such affidavit upon the sheriff while the latter Solicitor General, and if held liable therefor, the actual
retroacts to the date of the levy; otherwise, the preference has possession of the attached property, and a copy damages judged by the court shall be paid by the National
created by the levy would be meaningless and illusory thereof upon the attaching party, Treasurer out of the funds to be appropriated for the purpose.
the sheriff shall not be bound to keep the property under
(Defensor v. Brillo
attachment, unless the attaching party or his agent, on demand
Whether the sheriff shall be bound to keep the property
of the sheriff, shall file a bond approved by the court to
Remedies available if the property is being claimed by under attachment
indemnify the third-party claimant in a sum not less than the
third person General Rule: The sheriff shall not be bound to keep the
value of the property levied upon.
property under attachment.
1. A terceria or third-party claim - The third person whose Exception: The attaching party or his agent, on demand of the
property was levied on must make an affidavit if his title • The sheriff shall not be liable for damages for the
taking or keeping of such property, to any such third- sheriff, shall file a bond approved by the court to indemnify
thereto, or right to the possession thereof stating the
party claimant, if such bond shall be filed. the third-party claimant in a sum not less than the value of the
grounds of such right and title and serves such affidavit
property levied upon.
upon the sheriff while the latter has possession of the
attached property and a copy thereof upon the attaching In case of disagreement as to such value, the same shall be In case of disagreement as to such value, the same shall be
property; decided by the court issuing the writ of attachment. decided by the court issuing the writ of attachment.
General Rule: The sheriff is not bound to keep the Sheriff’s return
property. No claim for damages for the taking or keeping of the
Exception: The sheriff is bound to keep the property when property may be enforced against the bond unless the action Sheriff’s return. After enforcing the writ, the sheriff must
the attaching party, on demand of the sheriff, files a bond therefor is filed within 120 days from the date of the, filing of likewise without delay make a return thereon to the court
approved by the court to indemnify the third-party the bond. from which the writ issued, with
claimant in a sum not less than the value of the property 1. a full statement of his proceeding under the writ and
levied upon. Nothing herein contained shall: 2. a complete inventory of the property attached,
2. Independent action to recover his property; or 1. prevent such claimant or any third person from 3. any counter-bond given by the party against whom
3. Motion for intervention – available only before judgment vindicating his claim to the property, or attachment is issued,
is rendered (Ong v. Tating 2. prevent the attaching party from claiming damages and serve copies thereof on the applicant. Section 6, Rule 57
against a third-party claimant who filed a frivolous or
Proceedings where property claimed by third person plainly spurious claim, in the same or a separate EFFECTS OF ATTACHMENT
Section 14, Rule 57 action.
Effect of attachment of debts, credits and all other similar
personal property

the claim of such heir, legatee, or devisee, or any person Discharge of attachment upon giving counter-bond
Intangibles; liable for the amount of personal property claiming under him. Section 9, Rule 57 Section 12, Rule 57
until discharged or satisfied or property delivered to
officer of court issuing attachment. All persons: Examination of party whose property is attached and Motion to discharge property attached; after enforcement
1. having in their possession or under their control any persons indebted to him or controlling his property; of writ. After a writ of attachment has been enforced:
credits or other similar personal property belonging to delivery of property to sheriff. Any person owing debts to 1. the party whose property has been attached, or
the party against whom attachment is issued, or the party whose property is attached or having in his 2. the person appearing on his behalf,
2. owing any debts to him, possession or under his control any credit or other personal may move for the discharge of the attachment wholly or in
at the time of service upon them of the copy of the writ of property belonging to such party, may be required: part on the security given.
attachment and notice as provided in the last preceding 1. to attend before the court in which the action is
section, shall be liable to the applicant for the amount of such pending, or before a commissioner appointed by the Discharge after notice and hearing + cash deposit or bond
credits, debts or other similar personal property, until: court, and to clerk of court. The court shall, after due notice and
1. the attachment is discharged, or 2. be examined on oath respecting the same. hearing, order the discharge of the attachment if the movant
2. any judgment recovered by him is satisfied, 1. makes a cash deposit, or
unless: The party whose property is attached may also be required to 2. files a counter-bond executed to the attaching party
1. such property is delivered or transferred, or attend for the purpose of giving information respecting his with the clerk of the court where the application is made
2. such debts are paid, property, and may be examined on oath. The court may, after
to the clerk, sheriff, or other proper officer of the court issuing such examination, order personal property capable of manual Amount; generally. [The cash deposit or bond shall be made]
the attachment. Section 8, Rule 57 delivery belonging to him, in the possession of the person so in amount equal to that fixed by the court in the order of
required to attend before the court, to be delivered to the clerk attachment, exclusive of costs.
Effect of attachment of interest in property belonging to of the court or sheriff on such terms as may be just, having
the estate of a decedent reference to any lien thereon or claim against the same, to • Amount; particular property. But if the attachment
await the judgment in the action. Section 10, Rule 57 is sought to be discharged with respect to a particular
Power of administration of administrator or executor not property, the counter-bond shall be equal to the value
impaired. The attachment of the interest of an heir, legatee, or When attached property may be sold after levy on of that property as determined by the court.
devisee in the property belonging to the estate of a decedent attachment and before entry of judgment. Whenever it
shall not impair the powers of the executor, administrator, or shall be made to appear to the court in which the action is In either case, the cash deposit or the counter-bond shall
other personal representative of the decedent over such pending, upon hearing with notice to both parties, that secure the payment of any judgment that the attaching party
property for the purpose of administration. 1. the property attached is perishable, or may recover in the action.
2. the interests of all the parties to the action will be
Distribution may be awarded to the heir but the property subserved by the sale thereof, A notice of the deposit shall forthwith be served on the
attached is delivered to the sheriff. Such personal the court may order such property to be sold at public auction attaching party.
representative, however, shall report the attachment to the in such manner as it may direct, and the proceeds of such sale
court when any petition for distribution is filed, and in the to be deposited in court to abide the judgment in the action. What happens after discharge. Upon the discharge of an
order made upon such petition, distribution may be awarded Section 11, Rule 57 attachment in accordance with the provisions of this section:
to such heir, legatee, or devisee, but the property attached is 1. the property attached, or
be ordered delivered to the sheriff making the levy, subject to DISCHARGE OF ATTACHMENT 2. the proceeds of any sale thereof,

shall be delivered to the party making the deposit or giving the 2. the bond is insufficient, or Balance due collected upon an execution; If after realizing
counter-bond, or to the person appearing on his behalf, the 3. the attachment is excessive, and the defect is not upon all the property attached, including the proceeds of any
deposit or counter-bond aforesaid standing in place of the cured forthwith. debts or credits collected, and applying the proceeds to the
property so released. satisfaction of the judgment, less the expenses of proceedings
SATISFACTION OF JUDGMENT W/ PROPERTY upon the judgment, any balance shall remain due, the sheriff
If insufficient, apply for new order of attachment. Should ATTACHED must proceed to collect such balance as upon ordinary
such counter-bond for any reason be found to be or become execution.
insufficient, and the party furnishing the same fail to file an Order of application
additional counter-bond, the attaching party may apply for a Section 15, Rule 57 Excess delivered to judgment obligor. Whenever the
new order of attachment. judgment shall have been paid, the sheriff, upon reasonable
If judgment be recovered by the attaching party and execution demand, must return to the judgment obligor the attached
Discharge of attachment on other grounds issue thereon, the sheriff may cause the judgment to be property remaining in his hands, and any proceeds of the sale
Section 13, Rule 57 satisfied out of the property attached, if it be sufficient for that of the property attached not applied to the judgment.
purpose in the following manner:
Other grounds; before or after levy or after release. The a. By paying to the judgment obligee the proceeds of all Recovery upon the counter-bond. When the judgment has
party whose property has been ordered attached may file a sales of perishable or other property sold in pursuance become executory, the surety or sureties on any counter-bond
motion with the court in which the action is pending, of the order of the court, or so much as shall be given pursuant to the provisions of this Rule to secure the
necessary to satisfy the judgment;
1. before or after levy or payment of the judgment shall become charged on such
b. If any balance remains due, by selling so much of the
2. even after the release of the attached property, counter-bond and bound to pay the judgment obligee upon
property, real or personal, as may be necessary to
for an order to set aside or discharge the attachment on the demand the amount due under the judgment, which amount
satisfy the balance, if enough for that purpose remain
ground that may be recovered from such surety or sureties after notice and
in the sheriff’s hands, or in those of the clerk of the
1. the same was improperly or irregularly issued or court; summary hearing in the same action. Section 17, Rule 57
enforced, or c. By collecting from all persons having in their
2. that the bond is insufficient. possession credits belonging to the judgment obligor, Disposition of money deposited. Where the party against
or owing debts to the latter at the time of the whom attachment had been issued has deposited money
If the attachment is excessive, the discharge shall be limited to attachment of such credits or debts, the amount of instead of giving counter-bond, it shall be applied under the
the excess. such credits and debts as determined by the court in direction of the court to the satisfaction of any judgment
the action, and stated in the judgment, and paying the rendered in favor of the attaching party, and after satisfying
Counter-affidavits. If the motion be made on affidavits on proceeds of such collection over to the judgment the judgment the balance shall be refunded to the depositor or
the part of the movant but not otherwise, the attaching party obligee. his assignee. If the judgment is in favor of the party against
may oppose the motion by counter-affidavits or other whom attachment was issued, the whole sum deposited must
evidence in addition to that on which the attachment was Return of sheriff. The sheriff shall forthwith make a return in
be refunded to him or his assignee. Section 18, Rule 57
made. writing to the court of his proceedings under this section and
furnish the parties with copies thereof.
Disposition of attached property where judgment is for
Discharge after notice and hearing. After due notice and party against whom, attachment was issued. If judgment be
hearing, the court shall order the setting aside or the Excess or deficiency
rendered against the attaching party, all the proceeds of sales
corresponding discharge of the attachment if it appears that Section 16, Rule 57
and money collected or received by the sheriff, under the
1. it was improperly or irregularly issued or enforced, or
order of attachment, and all property attached remaining in 3. before the judgment becomes executory, or sureties, before the judgment of the appellate court
any such officer’s hands, shall be delivered to the party with due notice to the attaching party and his surety or becomes executory. The appellate court may allow the
against whom attachment was issued, and the order of sureties, setting forth the facts showing his right to damages application to be heard and decided by the trial court.
attachment discharged. Section 19, Rule 57 and the amount thereof.
Same rule applies when property exempt from execution is
DAMAGES Hearing necessary. Such damages may be awarded only after attached. Nothing herein contained shall prevent the party
Section 20, Rule 57 proper hearing and shall be included in the judgment on the against whom the attachment was issued from recovering in
main case. the same action the damages awarded to him from any
Claim for damages on account of improper, irregular or property of the attaching party not exempt from execution
excessive attachment. An application for damages on If the judgment of the appellate court be favorable to the should the bond or deposit given by the latter be insufficient
account of improper, irregular or excessive attachment must party against whom the attachment was issued, he must or fail to fully satisfy the award.
be filed: claim damages sustained during the pendency of the appeal by
1. before the trial or filing an application in the appellate court, with notice to the
2. before appeal is perfected or party in whose favor the attachment was issued or his surety
The remedy of attachment is adjunct to the main suit; it
can have no independent existence apart from a suit on a
claim of the plaintiff against the defendant. Judge initially
granted debtor’s motion to Set Aside the Ex-Parte Writ of
Preliminary Attachment because the same was issued without
notice and hearing and was based on unsupported grounds.
Later on, he denied debtor’s prayer for the enforcement of his
prior order to dissolve the writ of attachment in view of the
creditor’s withdrawal of the complaint. Proper? Yes,
attachment is an ancillary remedy. It is not sought for its own
sake but rather to enable the attaching party to realize upon
relief sought and expected to be granted in the main or
principal pal action. In this case, the writ of preliminary
attachment issued is already dissolved and rendered non-
existent in view of the withdrawal of the complaint.

Rule 58: preliminary injunction ad majorem dei gloriam CIVIL PROCEDURE
RULE 58: by law”. Executive Secretary v. Forerunner Multi Resources, Requisites for issuance of writ of preliminary injunction
Inc. a. The applicant must have a clear and unmistakable
PRELIMINARY INJUNCTION When; before final judgment. It is granted at any stage of an right
1. Preliminaries action or proceeding prior to the judgment or final order. b. There is material and substantive invasion of such
a. Definition Section 1, Rule 58 right
b. When issued c. There is an urgent need to issue the writ in order to
c. Who issues preent irreparable injury to the applicant; and
Who may grant PI; court where action pending. A
2. Grounds d. No other ordinary, speedy, and adequate remedy
preliminary injunction may be granted by the court where the
exists to prevent the infliction of irreparable injury
action or proceeding is pending. If the action or proceeding is (Ngo v. Allied Banking Corporation
PRELIMINARIES
pending in the Court of Appeals or in the Supreme Court, it
may be issued by said court or any member thereof. Section 2, Doctrine of judicial stability. No court has the power to
Preliminary injunction defined. A preliminary injunction is
Rule 58 interfere by injunction with the judgments or decrees of a
an order granted at any stage of an action or proceeding prior
to the judgment or final order requiring a party or a court, court of concurrent or coordinate jurisdiction. A contrary rule
REQUIREMENTS FOR ISSUANCE would obviously lead to confusion and seriously hamper the
agency or a person to refrain from a particular act or acts.
Section 3, Rule 58 administration of justice. The Heirs of Sps. Yadno vs. The
• Preliminary mandatory injunction. [An injunction Heirs of Sps. Anchales
Grounds for issuance of preliminary injunction. A
that requires] the performance of a particular act or
preliminary injunction may be granted when it is established: Quantum of evidence required in a preliminary
acts, in which case it shall be known as a preliminary
mandatory injunction. Section 1, Rule 58 injunction. Prima facie evidence is needed to establish the
a. That the applicant is entitled to the relief demanded, applicant’s rights or interests in the subject matter of the main
and the whole or part of such relief consists in: action because the applicant is required to show only that he
Nature of preliminary injunction (2006, 2009 Bar It is an
1. restraining the commission or continuance of
ancillary or preventive remedy where a court requires a has an ostensible right to the final relief prayed for in his
the act or acts complained of, or
person, a party or even a court or tribunal either to refrain complaint. Republic v. Evangelista
2. requiring the performance of an act or acts,
from (prohibitory) or to perform (mandatory) particular acts either for a limited period or perpetually;
during the pendency of an action. It is merely a temporary Note: Findings of the trial court granting or denying a petition
remedy subject to the final disposition of the principal action. b. That the commission, continuance or non- for a writ of preliminary injunction based on the evidence on
Dungog v.Court of Appeals performance of the act or acts complained of during record are merely provisional until after the trial on the merits
Purpose of preliminary injunction. To preserve and protect the litigation would probably work injustice to the of the case shall have been concluded. Sps. Nisce v. Equitable-
certain rights and interests during the pendency of an action. applicant; or PCI Bank
Its objective is to preserve the status quo until the merits of
the case can be fully heard. Pineda v. CA c. That a party, court, agency or a person is doing, Temporary Restraining Order (TRO It is an interlocutory
threatening, or is attempting to do, or is procuring or order issued as a restraint to the defendant to preserve the
Showing of Clear Legal Right. A preliminary injunctive writ
suffering to be done, some act or acts probably in status quo on the ground of irreparable injury and is granted to
under Rule 58 issues only upon a showing of the applicant’s violation of the rights of the applicant respecting the a party until the hearing of the application for preliminary
“clear legal right” being violated or under threat of violation subject of the action or proceeding, and tending to injunction.
by the defendant. “Clear legal right,” within the meaning of render the judgment ineffectual.
Rule 58, contemplates a right “clearly founded in or granted

Status Quo Order (2006 Bar It is resorted to when the However, where the summons could not be served personally b. Adverse party is a resident but is temporarily absent
projected proceedings in the case made the conservation of the or by substituted service despite diligent efforts or the adverse from the Philippines;
status quo desirable or essential but the affected party neither party is a resident of the Philippines temporarily absent c. Adverse party is a non-resident;
sought such relief nor did the allegations in his pleading therefrom or is a nonresident thereof the requirement of prior
sufficiently make out a case for a TRO. or contemporaneous service of summons shall not apply. Injunction against acts already consummated
Verified application and bond for preliminary injunction d. The application for a temporary restraining order shall General Rule: No, because injunction contemplates acts
or temporary restraining order thereafter be acted upon only after all parties are being committed or about to be committed. Romulo v. Yñiguez
Section 4, Rule 58 heard in a summary hearing which shall be conducted
within 24 hours after the sheriffs return of service Exception: If such acts complained of are continuing in
A preliminary injunction or temporary restraining order may and/or the records are received by the branch selected nature and were in derogation of plaintiff’s rights at the outset,
be granted only when: by raffle and to which the records shall be transmitted preliminary mandatory injunction may be availed of to restore
immediately. the parties to the status quo. Regalado, 2008
a. The application in the action or proceeding is verified,
Requisites of writ of preliminary injunction or temporary Note: It was settled that injunctive reliefs are preservative
and shows facts entitling the applicant to the relief
demanded; and restraining order (2006, 2010 Bar) remedies for the protection of substantive rights and interest.
b. Unless exempted by the court, the applicant files with a. Verified application stating the grounds for its Injunction is not a cause of action in itself, but merely a
the court where the action or proceeding is pending, a issuance Section 4, Rule 58); provisional remedy, an adjunct to a main suit. When the act
bond executed to the party or person enjoined, in an b. Applicant must establish: i) the existence of a right
sought to be enjoined has become fait accompli, the prayer for
amount to be fixed by the court, that must be protective and ii) an urgent and
provisional remedy should be denied. Caneland Sugar
• to the effect that the applicant will pay to such paramount necessity for the writ to prevent serious
damage; Corporation v. Alon
party or person all damages which he may
sustain by reason of the injunction or c. Applicant must establish that there is a need to
restrain the commission or continuance of the acts Requisites of mandatory injunction
temporary restraining order if the court
complained of and if not enjoined would work 1. Material and substantial invasion of right;
should finally decide that the applicant was
injustice to the applicant; 2. Clear and unmistakable right of complainant;
not entitled thereto.
d. Applicant must post a bond, unless exempted by the 3. Urgent and paramount necessity for the writ to prevent
• Upon approval of the requisite bond, a writ of serious damages. Bautista v. Barcelona
preliminary injunction shall be issued. court. This bond is executed in favor of the person
enjoined to answer for all damages which the latter 4. The effect would not be to create a new relation between
c. When an application for a writ of preliminary the parties. Regalado, 2008
may sustain by reason of injunction or restraining
injunction or a temporary restraining order is included
order if the court should finally decide that the
in a complaint or any initiatory pleading, the case, if
applicant was not entitled to the writ or order; and Instances when mandatory injunction does not lie
filed in a multiple-sala court, shall be raffled only
e. Notice and hearing is required 1. To compel cohabitation. Arroyo v. Vasquez
after notice to and in the presence of the adverse party
or the person to be enjoined. In any event, such notice 2. Cancellation of attachment. Levy Hermanos v. Lacson
shall be preceded, or contemporaneously General Rule: Contemporaneous service of summons; 3. Release imported goods pending hearing before the
accompanied, by service of summons, together with a Commissioner of Customs. Commissioner of Customs v.
copy of the complaint or initiatory pleading and the Exceptions: Cloribel
applicant’s affidavit and bond, upon the adverse party a. Summons could not be served personally or by
in the Philippines. substituted service;
4. To take property out of the possession or control of one Contemporaneous service of summons in Preliminary shall be granted, and accordingly issue the corresponding
party and place it into that of another whose title has not Injunction order.
clearly been established. Pio v. Marcos
General Rule: The enforcement of the writ of preliminary However, and subject to the provisions of the preceding
When writ may be issued. A preliminary injunction or TRO injunction must be preceded by or simultaneously sections, if the matter is of extreme urgency and the applicant
may be granted only when: accompanied by service of summons, copy of complaint, will suffer grave injustice and irreparable injury the executive
1. The application in the action or proceeding is verified, and application and affidavits for the preliminary injunction and judge of a multiple-sala court or the presiding judge of a
shows facts entitling the applicant to the relief demanded; the bond upon the adverse party. single-sala court may issue ex parte a temporary restraining
2. Unless exempted by the court the applicant files with the order effective for only 72 hours from issuance but he shall
court where the action or proceeding is pending, a bond
Exception: Where the summons could not be served immediately comply with the provisions of the next preceding
executed to the party or person enjoined, in an amount to
personally or by substituted service despite diligent efforts, or section as to service of summons and the documents to be
be fixed by the court. Section 4, Rule 58
the adverse party is a resident of the Philippines temporarily served therewith. Thereafter, within the aforesaid 72 hours,
3. When an application for a writ of preliminary injunction absent therefrom or is a nonresident thereof, the requirement the judge before whom the case is pending shall conduct a
or a TRO is included in a complaint or any initiatory of prior or contemporaneous service of summon shall not summary hearing to determine whether the temporary
pleading, the case, if filed in a multiple- sala court, shall apply [Sec 4(c), Rule 58 restraining order shall be extended until the application for
be raffled only after notice to and in the presence of the preliminary injunction can be heard. In no case shall the total
adverse party or the person to be enjoined. In any event, Preliminary injunction not granted without notice; period of effectivity of the temporary restraining order exceed
such notice shall be preceded, or contemporaneously exception 20 days, including the original seventy-two hours provided
accompanied by service of summons, together with a Section 5, Rule 58 herein.
copy of the complaint or initiatory pleading and the
applicant’s affidavit and bond, upon the adverse party in General Rule: No preliminary injunction shall be granted In the event that the application for preliminary injunction is
the Philippines. without hearing and prior notice to the party or person sought denied or not resolved within the said period, the temporary
to be enjoined. restraining order is deemed automatically vacated. The
However, where the summons could not be served effectivity of a temporary restraining order is not extendible
personally or by substituted service despite diligent Exception: If it shall appear from facts shown by affidavits or without need of any judicial declaration to that effect and no
efforts, or the adverse party is a resident of the Philippines by the verified application that great or irreparable injury court shall have authority to extend or renew the same on the
temporarily absent therefrom or is a nonresident thereof, would result to the applicant before the matter can be heard on same ground for which it was issued.
the requirement of prior or contemporaneous service of notice, the court to which the application for preliminary However, if issued by the Court of Appeals or a member
summons shall not apply;
injunction was made, may issue ex parte a temporary thereof, the temporary restraining order shall be effective for
restraining order to be effective only for a period of 20 days 60 days from service on the party or person sought to be
4. The application for a TRO shall thereafter be acted upon from service on the party or person sought to be enjoined, enjoined. A restraining order issued by the Supreme Court or
only after all parties are heard in a summary hearing
except as herein provided. a member thereof shall be effective until further orders.
which shall be conducted within 24 hours after the
sheriff’s return of service and/or the records are received
by the branch selected by raffle and to which the records Within the said twenty-day period, the court must order said Grounds for objection to, or for motion of dissolution of,
shall be transmitted immediately. party or person to show cause, at a specified time and place, injunction or restraining order
why the injunction should not be granted, determine within Section 6, Rule 58
the same period whether or not the preliminary injunction
1. The application for injunction or restraining order may be Section 7, Rule 58 Hearing necessary. Such damages may be awarded only after
denied upon a showing of its insufficiency. proper hearing and shall be included in the judgment on the
2. The injunction or restraining order may also be denied, or, The party filing a bond in accordance with the provisions of main case.
if granted, may be dissolved: this Rule shall forthwith serve a copy of such bond on the
a. on other grounds upon affidavits of the party or other party, who may except to the sufficiency of the bond, or If the judgment of the appellate court be favorable to the
person enjoined, which may be opposed by the of the surety or sureties thereon. party against whom the attachment was issued, he must
applicant also by affidavits
• If the applicant’s bond is found to be insufficient in claim damages sustained during the pendency of the appeal by
b. if it appears after hearing that although the applicant
amount, or if the surety or sureties thereon fail to filing an application in the appellate court, with notice to the
is entitled to the injunction or restraining order, the
justify, and a bond sufficient in amount with sufficient party in whose favor the attachment was issued or his surety
issuance or continuance thereof, as the case may be,
sureties approved after justification is not filed or sureties, before the judgment of the appellate court
would cause irreparable damage to the party or person
forthwith, the injunction shall be dissolved. becomes executory. The appellate court may allow the
enjoined while the applicant can be fully compensated
for such damages as he may suffer, and the former • If the bond of the adverse party is found to be application to be heard and decided by the trial court.
files a bond in an amount fixed by the court insufficient in amount, or the surety or sureties
conditioned that he will pay all damages which the thereon fail to justify a bond sufficient in amount with FINAL INJUNCTION
applicant may suffer by the denial or the dissolution sufficient sureties approved after justification is not
Section 9, Rule 58
of the injunction or restraining order. filed forthwith, the injunction shall be granted or
3. If it appears that the extent of the preliminary injunction restored, as the case may be.
When final injunction granted. If after the trial of the action
or restraining order granted is too great, it may be it appears that the applicant is entitled to have the act or acts
modified. Judgment to include damages against party and
sureties. At the trial, the amount of damages to be awarded to complained of permanently enjoined, the court shall grant a
either party, upon the bond of the adverse party, shall be final injunction perpetually restraining the party or person
Grounds for objections or dissolution of injunction or
claimed, ascertained, and awarded under the same procedure enjoined from the commission or continuance of the act or
restraining order
prescribed in section 20 of Rule 57. Section 8, Rule 58 acts or confirming the preliminary mandatory injunction.
1. Insufficiency of application for injunction or restraining
order. The application may be considered insufficient if it
is not verified and supported by any of the grounds under DAMAGES
Sec. 3, Rule 58; Section 20, Rule 57
2. Issuance or continuance of injunction or restraining order
causes irreparable injury while applicant may be fully Claim for damages on account of improper, irregular or
compensated for damages by the bond filed by the person excessive attachment. An application for damages on
sought to be enjoined; account of improper, irregular or excessive attachment must
3. Extent of injunction or restraining order is too great; be filed:
Effect: modification. Section 6, Rule 58
1. before the trial or
4. Insufficiency or defective bond Section 7, Rule 58 2. before appeal is perfected or
3. before the judgment becomes executory,
Note: Filing of verified motion and bond as well as hearing is with due notice to the attaching party and his surety or
required. (2006 Bar sureties, setting forth the facts showing his right to damages
and the amount thereof.
Service of copies of bonds; effect of disapproval of same

Rule 59: RECEIVERSHIP ad majorem dei gloriam CIVIL PROCEDURE
RULE 59: Who appoints 1. the party applying for the appointment of a
Section 1, Rule 59 receiver has an interest in the property or fund
RECEIVERSHIP which is the subject of the action or
1. Order of appointment of receiver Appointment of receiver. Upon a verified application, one or proceeding, and
2. The receiver more receivers of the property subject of the action or 2. that such property or fund is in danger of
a. Requisites before entering duty proceeding may be appointed by: being lost, removed, or materially injured
b. General powers unless a receiver be appointed to administer
1. the court where the action is pending, or
c. Termination of receivership and preserve it;
2. by the Court of Appeals or
d. Compensation of receiver 3. by the Supreme Court, or a member thereof,
b. When it appears in an action by the mortgagee for the
Receivership as a remedy. It is a provisional remedy where foreclosure of a mortgage that:
• Appellate court may allow court of origin to
the court appoints a representative to: 1. the property is in danger of being wasted or
appoint receiver. During the pendency of an appeal,
1. preserve, dissipated or materially injured, and that its
the appellate court may allow an application for the
2. administer, value is probably insufficient to discharge the
appointment of a receiver to be filed in and decided
3. dispose of and mortgage debt, or
by the court of origin and the receiver appointed to be
4. prevent the loss or dissipation of real or personal 2. that the parties have so stipulated in the
subject to the control of said court.
property contract of mortgage;
during the pendency of an action. Appointing clerk of court is frowned upon. The judge
c. After judgment:
committed GADALEJ when he made the clerk of court xxx a 1. to preserve the property during the pendency
• Cannot be used to obtain indirectly what one receiver xxx during the pendency of the case with the of an appeal, or
cannot obtain directly. When the CA had already disadvantage that the clerk of court has not filed any bond to 2. to dispose of it according to the judgment, or
determined that the defendant’s possession was guarantee the faithful discharge of his duties as depositary. 3. to aid execution when the execution has been
considered more reasonable and just, the SC said that
Descallar v CA returned unsatisfied or the judgment obligor
there is no reason to transfer the subject property to
refuses to apply his property in satisfaction of
the possession of a receiver because that would allow
When availed of the judgment, or
that applicant to obtain indirectly what he cannot
4. otherwise to carry the judgment into effect;
obtain directly—to deprive the defendant of the
possession of the property before the case between When availed of. It can be availed of even after the judgment
them is finally settled. Delos Reyes v Bayona has become final and executory as it may be applied for to aid d. Whenever in other cases it appears that the
Receivership under the Rules different from that execution or carry judgment into effect. Riano, 2019 appointment of a receiver is the most convenient and
feasible means of preserving, administering, or
authorized by banking laws. The receivership under rule 59
disposing of the property in litigation.
is directed to the property which is the subject of the action Grounds
and does not refer to the receivership authorized under the Section 1, Rule 59
Property must be in litigation. The property or fund must be
banking laws and other rules or laws. Rule 59 presupposes
in litigation according to the allegations of the complaint, and
that there is an action and that the property subject of the Grounds for appointment of receiver. A receiver may be
the object of appointing a receiver is to secure and preserve
action requires its preservation. Riano, 2019 appointed in the following cases:
the property or thing in controversy pending the litigation. Of
course, if it is not in litigation and is in actual possession of
ORDER OF APPOINTMENT OF RECEIVER a. When it appears from the verified application, and
the plaintiff, the latter cannot apply for and obtain the
such other proof as the court may require, that:
appointment of a receiver thereof, for there would be no When applicant’s bond insufficient/sureties fail to justify; damages that may have been sustained by the party or
reason for such appointment. The owner should be the one denied or discharged. If either: parties entitled thereto as a consequence of such
who must take care of his property. Calo and San Jose v 1. the applicant’s or the receiver’s bond is found to be refusal or neglect.
Roldan insufficient in amount, or
2. if the surety or sureties thereon fail to justify, and a THE RECEIVER
Generally not applicable to real property; only when the bond sufficient in amount with sufficient sureties
property is in danger of being materially injured or lost approved after justification is not filed forthwith, Requisite before entering duty
may the appointment of a receiver be justified. In actions the application shall be denied or the receiver discharged, as Section 4, Rule 59
involving title real property, the appointment of a receiver the case may be.
cannot be entertained because its effect would be to take the Oath and bond of receiver. Before entering upon his duties,
property out of the possession of the defendant, except in When adverse party’s bond insufficient/sureties fail to the receiver:
extreme cases when there is clear proof of its necessity to save justify, receiver re-appointed. If bond of the adverse party is 1. shall be sworn to perform them faithfully, and
the plaintiff from grave and irremediable loss of damage, it is found to be insufficient in amount or the surety or sureties 2. shall file a bond, executed to such person and in such
evident that the action of the respondent judge is unwarranted thereon fail to justify, and a bond sufficient in amount with sum as the court may direct, to the effect that he will
sufficient sureties approved after justification is not filed faithfully discharge his duties in the action or
and unfair to the defendants. Mendoza vs. Arellano
forthwith, the receiver shall be appointed or re-appointed, as proceeding and obey the orders of the court.
Requisites for issuance of order of appointment the case may be. Section 5, Rule 59
General powers of receiver
Section 2, Rule 59
Judgment to include recovery against sureties. The amount, Section 6, Rule 59
Applicant’s bond on appointment of receiver. Before if any, to be awarded to any party upon any bond filed in
accordance with the provisions of this Rule, shall be claimed, Powers. Subject to the control of the court in which the action
issuing the order appointing a receiver the court shall:
ascertained, and granted under the same procedure prescribed or proceeding is pending, a receiver shall have the power to:
1. require the applicant to file a bond executed to the
in section 20 of Rule 57. Section 10, Rule 59 1. bring and defend, in such capacity, actions in his own
party against whom the application is presented, name;
2. in an amount to be fixed by the court,
Refusal to deliver property to the receiver 2. to take and keep possession of the property in
3. to the effect that the applicant will pay such party all
controversy;
damages he may sustain by reason of the appointment Section 8, Rule 59
3. to receive rents;
of such receiver in case the applicant shall have
4. to collect debts due to himself as receiver or to the
procured such appointment without sufficient cause; Liability for refusal or neglect to deliver property to fund, property, estate, person, or corporation of which
and receiver. A person who refuses or neglects, upon reasonable he is the receiver;
4. the court may, in its discretion, at any time after the demand, to deliver to the receiver all the property, money, 5. to compound for and compromise the same; to make
appointment, require an additional bond as further books, deeds, notes, bills, documents and papers within his transfers;
security for such damages. power or control, subject of or involved in the action or 6. to pay outstanding debts;
proceeding, or in case of disagreement, as determined and 7. to divide the money and other property that shall
Service of copies of bonds. The person filing a bond in remain among the persons legally entitled to receive
ordered by the court,
accordance with the provisions of this Rule shall forthwith the same; and
1. may be punished for contempt and
serve a copy thereof on each interested party, who may except 2. shall be liable to the receiver for the money or the 8. generally to do such acts respecting the property as
to its sufficiency or of the surety or sureties thereon. value of the property and other things so refused or the court may authorize.
neglected to be surrendered, together with all
Investment of funds requires leave of court and consent of 2. Appointment of receiver was made without sufficient
all parties. However, funds in the hands of a receiver may be cause Section 3, Rule 59
invested only by order of the court upon the written consent of 3. Insufficient or defective applicant’s bond Section 5,
all the parties to the action. Rule 59
4. Insufficient or defective receiver’s bond. Section 5,
No action may be filed by or against a receiver without Rule 59
leave of the court which appointed him. Section 7, Rule 59 5. Receiver no longer necessary. Section 8, Rule 59
Termination of receivership Compensation of receiver
Termination of receivership. Whenever the court, Compensation of receiver. The court shall allow the receiver
1. motu proprio or such reasonable compensation as the circumstances of the
2. on motion of either party, case warrant, to be taxed as costs against the defeated party, or
shall determine that the necessity for a receiver no longer apportioned, as justice requires. Section 9, Rule 59
exists, it shall, after due notice to all interested parties and
hearing,
1. settle the accounts of the receiver,
2. direct the delivery of the funds and other property in
his possession to the person adjudged to be entitled to
receive them, and
3. order the discharge of the receiver from further duty
as such. Section 9, Rule 59
Denial of application or discharge of receiver. The

application may be denied, or the receiver discharged, when:
1. Counter-bond. The adverse party files a bond
executed to the applicant, in an amount to be fixed by
the court, to the effect that such party will pay the
applicant all damages he may suffer by reason of the
acts, omissions, or other matters specified in the
application as ground for such appointment.
2. The receiver may also be discharged if it is shown
that his appointment was obtained without sufficient
cause. Section 3, Rule 59
Summary. Grounds for discharge of a receiver:

1. Posting of counter-bond by adverse party. Section 3,
Rule 59

Rule 60: REPLEVIN ad majorem dei gloriam CIVIL PROCEDURE
RULE 60: an action for replevin where the defendant is adjudged entitled Requirement #2: replevin bond. The applicant must also
to possession, he need not go to another forum to procure give a bond, executed to the adverse party in double the value
REPLEVIN relief for the return of the replevied property. Chiao Liong of the property as stated in the affidavit aforementioned:
Tan v CA 1. for the return of the property to the adverse party if
When replevin may issue • A writ of replevin cannot be directed against the such return be adjudged, and
lawful possessor. Since the issue in a replevin suit is 2. for the payment to the adverse party of such sum as he
Section 1, Rule 60
possession, matters of ownership are inconsequential. may recover from the applicant in the action.
Hence, a writ of replevin cannot be issued against one
Application; when. A party praying for the recovery of who has better right to possession due to mechanic’s Writ of replevin
possession of personal property may: lien. Arabesque Industrial Phils. v. CA Section 2, Rule 60
1. at the commencement of the action or
2. at any time before answer, • The applicant need not be the owner of the Order. Upon the filing of such affidavit and approval of the
apply for an order for the delivery of such property to him, in property. Since the issue is possession, it is enough bond, the court shall issue an order and the corresponding writ
the manner hereinafter provided. that he has a right to its possession. Yang v. Valdez of replevin:
1. describing the personal property alleged to be
Generally covers personal property. Under the Rules, a writ Requirements wrongfully detained and
of replevin is issued for the recovery of personal property Section 2, Rule 60 2. requiring the sheriff forthwith to take such property
only. into his custody.
Requirement #1: affidavit. The applicant must show by his
Exception: may cover real property when so agreed upon; own affidavit or that of some other person who personally
estoppel. After agreeing to a contract stipulating that a real or knows the facts: Duty of the sheriff
immovable property be considered as personal or movable, a a. That the applicant is the owner of the property Section 4, Rule 60
party is estopped from subsequently claiming otherwise. claimed, particularly describing it, or is entitled to the
Hence, such property is a proper subject of a writ of replevin possession thereof; 1. Serve copy. Upon receiving such order, the sheriff
b. That the property is wrongfully detained by the must serve a copy thereof on the adverse party,
obtained by the other contracting party. Sergs Products, Inc.,
adverse party, alleging the cause of detention thereof together with a copy of the application, affidavit and
v PCI Leasing and Finance, Inc.,
according to the best of his knowledge, information, bond, and
and belief; 2. Take. must forthwith take the property, if it be in the
Property in legal custody not subject to replevin. When c. That the property has not been possession of the adverse party, or his agent, and
property is in custodia legis, meaning it was lawfully taken by 1. distrained or taken for a tax assessment or retain it in his custody.
virtue of legal process and considered in the custody of the 2. a fine pursuant to law, or o If the property or any part thereof be
law, it cannot be subject to an action for replevin. Calub v. CA 3. seized under a writ of execution or preliminary concealed in a building or enclosure, the
attachment, or sheriff must demand its delivery, and
Primarily possessory. Primarily, the action of replevin is 4. otherwise placed under custodia legis, or if so o if it be not delivered, he must cause the
possessory in character and determines nothing more than the seized, that it is exempt from such seizure or building or enclosure to be broken open and
right of possession. However, it is sufficiently flexible to custody; and take the property into his possession.
authorize a settlement of all equities between the parties, 5. The actual market value of the property. 3. Keep. After the sheriff has taken possession of the
arising from or growing out of the main controversy. Thus, in properly as herein provided, he must keep it in a
secure place and
4. Delivery. [He] shall be responsible for its delivery to within five days from such taking, (1) post a counter-bond in Proceedings where property claimed by third person
the party entitled thereto upon receiving his fees and double the value of said property, and (2) serve plaintiff with
necessary expenses for taking and keeping the same. a copy thereof both requirements — as well as compliance Terceria; third-paarty claim. A stranger to the action, i.e., a
therewith within the five-day period mentioned — being person not a party to the action, or as the law puts it, any other
Return of papers; 10 days from taking of property. The mandatory. La Tondena Distillers, Inc. v CA person than the defendant or his agent, whose property is
sheriff must file the order, with his proceedings indorsed seized pursuant to the writ of delivery, is accorded the remedy
thereon, with the court within 10 days after taking the • It is required that the redelivery bond be filed within known as terceria, a third party claim. La Tondena Distillers,
property mentioned therein. Section 8, Rule 60 the period of 5 days after the taking of the property. Inc. v CA
Yang v. Valdez
Return of property Section 7, Rule 60
Section 5, Rule 60 Disposition of property by sheriff
Section 6, Rule 60 Sheriff not bound to keep the property or deliver it to
If the adverse party objects to the sufficiency of the applicant unless applicant files a bond to indemnify 3rd
applicant’s bond, or of the surety or sureties thereon, he Deliver property to applicant. If within 5 days after the party. If the property taken is claimed by any person other
cannot immediately require the return of the property taking of the property by the sheriff, than the party against whom the writ of replevin had been
1. the adverse party does not object to the sufficiency of issued or his agent, and such person
Redelivery bond; if he does not so object, he may, at any the bond, or of the surety or sureties thereon; or 1. makes an affidavit of his title thereto, or right to the
time before the delivery of the property to the applicant, 2. if the adverse party so objects and the court affirms its possession thereof,
require the return thereof: approval of the applicant’s bond or approves a new 2. stating the grounds therefor, and
1. by filing with the court where the action is pending a bond, or 3. serves such affidavit upon the sheriff while the latter
bond executed to the applicant, in double the value of 3. if the adverse party requires the return of the property has possession of the property and a copy thereof
the property as stated in the applicant’s affidavit but his bond is objected to and found insufficient and upon the applicant,
a. for the delivery thereof to the applicant, if he does not forthwith file an approved bond, the sheriff shall not be bound to keep the property under
such delivery be adjudged, and the property shall be delivered to the applicant. replevin or deliver it to the applicant unless the applicant or
b. for the payment of such sum to him as may be his agent, on demand of said sheriff, shall file a bond
recovered against the adverse party, and Return to adverse party if not delivered to applicant. If for approved by the court to indemnify the third-party claimant in
2. by serving a copy of such bond on the applicant. any reason the property is not delivered to the applicant, the a sum not less than the value of the property under replevin as
sheriff must return it to the adverse party. provided in section 2 hereof.
#1. When defendant objects to the sufficiency of the
plaintiff’s bond. The defendant may object to the sufficiency • Instances where property is returned to defendant: In case of disagreement as to such value, the court shall
of the plaintiff's bond, or of the surety or sureties thereon; but 1. He seasonably posts a redelivery bond. determine the same.
if he does so, he cannot require the return of the property by Section 5, Rule 60
posting a counter-bond pursuant to Sections 5 and 6. La 2. Plaintiff’s bond is found to be insufficient or
Damages; 120 days from filing of bond. No claim for
Tondena Distillers, Inc. v CA defective and is not replaced with proper
bond; Section 2, Rule 60 damages for the taking or keeping of the property may be
3. Property is not delivered to the plaintiff for enforced against the bond unless the action therefor is filed
#2. Steps for return of property to defendant by filing a within one hundred twenty (120) days from the date of the
any reason. Section 6, Rule 60
bond. Thus if a defendant in a replevin action wishes to have filing of the bond.
the property taken by the sheriff restored to him, he should
Sheriff not liable for damages if bond is filed. The sheriff accordance with the provisions of this Rule, shall be claimed,
shall not be liable for damages, for the taking or keeping of ascertained, and granted under the same procedure as
such property, to any such third-party claimant if such bond prescribed in section 20 of Rule 57. Section 10, Rule 60
shall be filed.
Remedies. Nothing herein contained shall:

1. prevent such claimant or any third person from
vindicating his claim to the property, or
2. prevent the applicant from claiming damages against
a third-party claimant who filed a frivolous or plainly
spurious claim,
in the same or a separate action.
Bond not required when RP is the applicant. When the writ

of replevin is issued in favor of the Republic of the
Philippines, or any officer duly representing it, the filing of
such bond shall not be required.
• Sheriff represented by SolGen; damages paid by

national treasurer. In case the sheriff is sued for
damages as a result of the replevin, he shall be
represented by the Solicitor General, and if held liable
therefor, the actual damages adjudged by the court
shall be paid by the National Treasurer out of the
funds to be appropriated for the purpose.
Judgment
Section 9, Rule 60
Judgment in the alternative. After trial of the issues, the

court shall determine who has the right of possession to and
the value of the property and shall render judgment in the
alternative for the delivery thereof to the party entitled to the
same, or for its value in case delivery cannot be made, and
also for such damages as either party may prove, with costs.
Judgment to include recovery against sureties. The amount,

if any, to be awarded to any party upon any bond filed in
Rule 61: SUPPORT PENDENTE LITE ad majorem dei gloriam CIVIL PROCEDURE
RULE 61: • Order pendente lite is contingent. An order
Within RTC jurisdiction. An action for support does not pendente lite is in its very nature contingent, and the
SUPPORT PENDENTE LITE only involve the determination of the amount to be given as dismissal of the action [main case] had the effect of
support but also the relation of the parties, the right to support abrogating the order. Saavedra v Estrada
Sequence of support pendente lite created by the relation, the needs of the claimant, the financial
1. Application resources of the person from whom support is sought, which • Order pendente lite is interlocutory. The order of
2. Comment are not capable of pecuniary estimation. For this reason, an December 24 fixing the amount of support pendente
3. Hearing action for support falls within the original jurisdiction of the lite is not final in character in the sense that it can be
4. Order the subject of modification, depending on the
Court of First Instance under Section 44 (a) of Republic Act
5. Enforcement of order changing conditions affecting the ability of the
No. 296 as amended by the Republic Act No. 2613. Balto v
obligor to pay the amount fixed for support. San Juan
Sarmiento v Valenzuela
PROCEDURE
Hearing and order Enforcement of order
Application
Section 5, Rule 61
Hearing. After the comment is filed, or after the expiration of
When commenced. At the
the period for its filing, the application shall be set for hearing Contempt. If the adverse party fails to comply with an order
1. commencement of the proper action or proceeding, or
not more than 3 days thereafter. The facts in issue shall be granting support pendente life, the court shall, motu proprio or
2. at any time prior to the judgment or final order
proved in the same manner as is provided for evidence on upon motion, issue an order of execution against him, without
Application. A verified application for support pendente lite motions. Section 3, Rule 61 prejudice to his liability for contempt.
may be filed by any party stating the grounds for the claim
Order. The court shall: Reimburse 3rd persons who provided support on behalf of
and the financial conditions of both parties, and accompanied
1. determine provisionally the pertinent facts, and the one required to do so. When the person ordered to give
by affidavits, depositions or other authentic documents in
2. shall render such orders as justice and equity may support pendente lite refuses or fails to do so, any third person
support thereof. Section 1, Rule 61
require, having due regard to the probable outcome of
who furnished that support to the applicant may, after due
the case and such other circumstances as may aid in
Comment of adverse party. A copy of the application and all notice and hearing in the same case, obtain a writ of execution
the proper resolution of the question involved.
supporting documents shall be served upon the adverse party, to enforce his right of reimbursement against the person
who shall have 5 days to comment thereon unless a different If granted. If the application is granted, the court shall fix the ordered to provide such support.
period is fixed by the court upon his motion. The comment amount of money to be provisionally paid or such other forms
shall be verified and shall be accompanied by affidavits, of support as should be provided, taking into account Order pendente lite immediately executory. This is an
depositions or other authentic documents in support thereof. 1. the necessities of the applicant and exception to the general rule which provides that the taking of
Section 2, Rule 61 2. the resources or means of the adverse party, and an appeal stays the execution of the judgment and that
3. the terms of payment or mode for providing the advance executions will only be allowed if there are urgent
No support pende lite when right to support is in issue. support. reasons therefor Section 4, Rule 39, of the Rules of Court
Where the right to support is put in issue by the pleadings or clearly states that, unless ordered by the trial court, judgments
the fact from which the right of support arises is in If denied. If the application is denied, the principal case shall in actions for support are immediately executory and cannot
controversy or has not been established, the court cannot grant be tried and decided as early as possible. Section 4, Rule 61 be stayed by an appeal. Gan v Reyes
support pendente lite. Francisco vs. Zandueta
Rule 61: SUPPORT PENDENTE LITE ad majorem dei gloriam CIVIL PROCEDURE
SUPPORT IN CRIMINAL CASES
Section 6, Rule 61
Support in criminal cases. In criminal actions where the civil

liability includes support for the offspring as a consequence of
the crime and the civil aspect thereof has not been waived,
reserved or instituted prior to its filing, the accused may be
ordered to provide support pendente lite to the child born to
the offended party allegedly because of the crime. The
application therefor may be filed successively by the offended
party, her parents, grandparents or guardian and the State in
the corresponding criminal case during its pendency, in
accordance with the procedure established under this Rule.
RESTITUTION
Section 7, Rule 61
Remedy when support is paid by one who is later on

adjudged not to be liable therefor. When the judgment or
final order of the court finds that the person who has been
providing support pendente lite is not liable therefor, it shall
order the recipient thereof to:
1. return to the former the amounts already paid with
legal interest from the dates of actual payment,
without prejudice to the right of the recipient to obtain
reimbursement in a separate action from the person
legally obliged to give the support.
2. Should the recipient fail to reimburse said amounts,
the person who provided the same may likewise seek
reimbursement thereof in a separate action from the
person legally obliged to give such support.

Rule 62: INTERPLEADER ad majorem dei gloriam CIVIL PROCEDURE
RULE 62: Rule, as well as the costs and litigation expenses, shall
PROCEDURE constitute a lien or charge upon the subject matter of
INTERPLEADER the action, unless the court shall order otherwise.
1. Nature of remedy Complaint Section 7, Rule 62
a. Definition
b. Requisites When interpleader proper. Whenever conflicting claims • The costs, expenses, and attorney’s fees incurred by
2. Procedure upon the same subject matter are or may be made against a plaintiff in the action is recoverable from the
a. Filing of complain person who claims: defendant who loses in the action and is found by the
b. Order to interplead court to have caused the unnecessary litigation. Menzi
1. no interest whatever in the subject matter, or
c. Service of summons & Co. v. Bastida,
2. an interest which in whole or in part is not disputed by
d. Filing of answers and pleadings determination
the claimants,
he may bring an action against the conflicting claimants to Order to interplead
NATURE OF REMEDY
compel them to interplead and litigate their several claims
among themselves. Section 1, Rule 62 Order. Upon the filing of the complaint, the court shall issue
Definition an order requiring the conflicting claimants to interplead with
When filed; within a reasonable time. One should file an one another. If the interests of justice so require, the court may
Interpleader defined. The action of interpleader is a remedy direct in such order that the subject matter be paid or delivered
action of interpleader within a reasonable time after a dispute
whereby a person: to the court. Section 2, Rule 62
has arisen without waiting to be sued by either of the
1. who has property in his possession or
contending claimants. Otherwise, he may be barred by laches
2. has an obligation to render wholly or partially, Service of summons
or undue delay. Wack Wack Golf Country Club v Won
without claiming any right in both, comes to court and asks
that the defendants: Summons. Summons shall be served upon the conflicting
1. who have made conflicting claims upon the same • When considered too late. It has been held that a
stakeholder's action of interpleader is too late when claimants, together with a copy of the complaint and order.
property or Section 3, Rule 62
2. who consider themselves entitled to demand filed after judgment has been rendered against him in
compliance with the obligation favor of one of the contending claimants, especially
where he had notice of the conflicting claims prior to Filing of answers and other pleadings
be required to litigate among themselves in order to determine
the rendition of the judgment and neglected the
who is entitled to the property or payment or the obligation.
opportunity to implead the adverse claimants in the Answer; 15 days from summons. Each claimant shall file his
Beltran, et al. vs. People's Homesite & Housing Corp.,
suit where judgment was entered. Wack Wack Golf answer setting forth his claim within 15 days from service of
Country Club v Won the summons upon him, serving a copy thereof upon each of
Requisites
the other conflicting claimants who may file their reply
Who files. Joval. Note that it is the disinterested person thereto as provided by these Rules.
1. There must be two or more claimants with adverse or against whom the conflicting claims are made who files the
conflicting interests upon a subject matter action. He also pays the docket and lawful fees.
2. The conflicting claims involve the same subject • Motion to dismiss. Within the time for filing an
matter and against the same person (plaintiff); and answer, each claimant may file a motion to dismiss on
3. The plaintiff has no claim upon the subject matter of • Docket and other lawful fees, costs and litigation the ground of
the adverse claims or if he has an interest at all, such expenses as liens. The docket and other lawful fees 1. impropriety of the interpleader action or
interest is not disputed by the claimants. Riano 2019 paid by the party who filed a complaint under this
Rule 62: INTERPLEADER ad majorem dei gloriam CIVIL PROCEDURE
2. on other appropriate grounds specified in
Rule 16.
Tolling of period to answer; if denied, answer

within remaining period at least 5 days. The period
to file the answer shall be tolled and if the motion is
denied, the movant may file his answer within the
remaining period, but which shall not be less than 5
days in any event, reckoned from notice of denial.
Section 4, Rule 62
Failure to plead = barring of claim. If any claimant fails to

plead within the time herein fixed, the court may, on motion,
declare him in default and thereafer render judgment barring
him from any claim in respect to the subject matter.
Other pleadings. The parties in an interpleader action may

file counterclaims, cross-claims, third-party complaints and
responsive pleadings thereto, as provided by these Rules.
Section 5, Rule 62
Determination
Determination. After the pleadings of the conflicting

claimants have been filed, and pre-trial has been conducted in
accordance with the Rules, the court shall proceed to
determine their respective rights and adjudicate their several
claims. Section 6, Rule 62

Rule 63: declaratory relief and similar remedies ad majorem dei gloriam CIVIL PROCEDURE
RULE 63: purpose is mere interpretation and construction. Comm. of Parties. All persons who have or claim any interest which
Customs, et al v. Cloribel, et al. would be affected by the declaration shall be made parties;
DECLARATORY RELIEF AND and no declaration shall, except as otherwise provided in these
SIMILAR REMEDIES PROCEDURE Rules, prejudice the rights of persons not parties to the action.
1. Scope Section 2, Rule 63
2. Procedure Filing of petition
a. Filing of petition Section 1, Rule 63 • Non-joinder not a jurisdictional defect; effect is
b. Giving of notice not to prejudice those not joined. The non-joinder
3. Requisites File petition; who may file. Any person interested under a: of persons who claim any interest which may be
4. Nature of court action 1. deed, affected by a declaratory judgment is not a
5. Conversion to ordinary action 2. will, jurisdictional defect, as Section 2 of this Rule
3. contract or provides that said declaration shall not prejudice their
SCOPE 4. other written instrument, interests, unless otherwise provided in the Rules of
whose rights are affected by a: Court. Baguio Citizens Action, Inc. vs. The City
2 actions. There are 2 types of actions covered by Rule 63: 1. statute, Council, etc., of Baguio City.
1. petition for declaratory relief and 2. executive order or regulation,
2. similar remedies 3. ordinance, or any Giving of notice
a. reformation of an instrument, 4. other governmental regulation
b. to quiet title to real property or remove clouds may, before breach or violation thereof, bring an action in Notice on Solicitor General. In any action which involves
therefrom, or the appropriate Regional Trial Court: the validity of a:
c. to consolidate ownership under Article 1607 1. to determine any question of construction or validity 1. statute,
of the Civil Code. Riano, 2019 arising, and 2. executive order or regulation, or
2. for a declaration of his rights or duties, thereunder. 3. any other governmental regulation,
In declaratory relief: the Solicitor General
1. The subject-matter is a deed, will, contract or other Other actions included. An action for the: 1. shall be notified by the party assailing the same and
written instrument, statute, executive order or 1. reformation of an instrument, 2. shall be entitled to be heard upon such question.
regulation, or ordinance. 2. to quiet title to real property or remove clouds Section 3, Rule 63
2. The issue is the validity or construction of these therefrom, or
documents. 3. to consolidate ownership under Article 1607 of the Local government ordinances; notify lawyer of LGU. In
3. The relief sought is the declaration of the petitioner's Civil Code, any action involving the validity of a local government
rights and duties thereunder. Regalado, 2008 may be brought under this Rule. ordinance, the corresponding prosecutor or attorney of the
local governmental unit involved shall be similarly notified
Third-party complaint not proper in PDR. A third-party • Similar actions. These 3 remedies are considered and entitled to be heard. If such ordinance is alleged to be
complaint is supposed to seek contribution, indemnity, similar to declaratory relief because they also result in unconstitutional, the Solicitor General shall also be notified
subrogation or other relief from the third-party defendant in the adjudication of the legal rights of the litigants, and entitled to be heard. Section 4, Rule 63
respect to the claim of the plaintiff against him, and hence it is often without the need of execution to carry judgment
improper when the main case is for declaratory relief which into effect. Regalado, 2008 REQUISITES

Rule 63: declaratory relief and similar remedies ad majorem dei gloriam CIVIL PROCEDURE
The requisites of an action for declaratory relief as cited by Exception. Except in actions falling under the second 2. the parties shall be allowed to file such pleadings as
Regalado, are: paragraph of section 1 of this Rule: may be necessary or proper.
a. The subject-matter of the controversy must be a deed, 1. reformation of an instrument,
will, contract, or other written instrument, statute, 2. to quiet title to real property or remove clouds Note. This special civil action presupposes that there has been
executive order or regulation, or ordinance; therefrom, or no breach or violation of the instruments involved. Regalado,
b. he terms of said documents and the validity thereof 3. to consolidate ownership under Article 1607 of the 2008
are doubtful and require judicial construction. Santos Civil Code.
vs. Aquino, et al.,
c. There must have been no breach of the documents in • With respect to these actions, the court cannot refuse
question. Teodoro vs. Mirasol, otherwise an ordinary to render a judgment thereon. Riano, 2012
civil action is the remedy;
d. There must be an actual justiciable controversy or the PDR not w/in SC’s original jurisdiction. A petition for
"ripening seeds" of one between persons whose declaratory relief is not among the petitions within the original
interests are adverse. Edades vs. Edades, jurisdiction of the Supreme Court even if only questions of
e. The issue must be ripe for judicial determination
law are involved. It should brought before the RTC. Allied
Tolentino vs. Board of Accountancy, et al.,
Broadcasting Inc. vs. Republic
f. Adequate relief is not available through other means
or other forms of action or proceeding
Application to tax cases. Where the tax is already due and
Ripe for judicial adjudication. To be ripe for judicial collectible, the taxpayer cannot prevent collection by a
determination, or to constitute the "ripening seeds" of a declaratory action, but he should pay the tax and sue for its
controversy, it must appear that, under the facts of the case, recovery within the period limited by law. But, where the tax
there is a threatened litigation in the immediate future, which is not yet due, there can be no valid reason why a tax-payer
litigation is imminent and inevitable unless prevented by the cannot by declaratory relief test its validity. Such a procedure
declaratory relief sought. Tolentino vs. Board of Accountancy, cannot possibly hamper the activities of the government and
et al., is, on the other hand, simple, speedy and inexpensive.
National Dental Supply Co. v Meer
NATURE OF COURT ACTION
Section 5, Rule 63 CONVERSION INTO ORDINARY ACTION
Section 6, Rule 63
General rule: court action is discretionary. The court, motu
proprio or upon motion, may refuse to exercise the power to When actual breach occurs before termination of case,
declare rights and to construe instruments: convert to ordinary action. If before the final termination of
1. in any case where a decision would not terminate the the case, a breach or violation of an instrument or a statute,
uncertainty or controversy which gave rise to the executive order or regulation, ordinance, or any other
action, or governmental regulation should take place:
2. in any case where the declaration or construction is 1. the action may thereupon be converted into an
not necessary and proper under the circumstances. ordinary action, and

Rule 64: review of final j/o of comelec & coa ad majorem dei gloriam CIVIL PROCEDURE
RULE 64: verified petition for review to the Court of Appeals judgment or final order or resolution, if allowed under
under Rule 43. Riano, 2019 the procedural rules of the Commission concerned,
REVIEW OF JUDGMENTS AND shall interrupt the period herein fixed.
FINAL ORDERS OR RESOLUTIONS 43 v 65; petition for review v certiorari. A review includes
digging into the merits and unearthing errors of judgment, • Fresh period rule inapplicable; if motion denied,
OF THE COMELEC & COA while certiorari deals exclusively with grave abuse of file within remaining period; 5 days min. If the
1. Scope discretion, which may not exist even when the decision is motion is denied, the aggrieved party may file the
a. Cases covered otherwise erroneous. Certiorari implies an indifferent petition within the remaining period, but which shall
b. Mode of review disregard of the law, arbitrariness and caprice, an omission to not be less than 5 days in any event, reckoned from
2. Procedure weight pertinent considerations, a decision arrived at without notice of denial. Section 3, Rule 64
a. Period of filing rational deliberation. While the effects of an error of judgment
b. Form and contents of petition Docket and other lawful fees. Upon the filing of the petition,
may not differ from that of an indiscretion, as a matter of
c. Court’s action the petitioner shall pay to the clerk of court the docket and
policy, there are matters that by their nature ought to be left
d. Submission for decision other lawful fees and deposit the amount of P500.00 for costs.
3. Grounds for dismissal for final determination to the sound discretion of certain
Section 4, Rule 64
officers or entities, reserving it to the Supreme Court to insure
SCOPE the faithful observance of due process only in cases of patent
Effect of filing. The filing of a petition for certiorari shall not
arbitrariness. Aratuc v. COMELEC
stay the execution of the judgment or final order or resolution
Cases covered sought to be reviewed, unless the Supreme Court shall direct
MR mandatory. A decision, order or resolution of a division
otherwise upon such terms as it may deem just. Section 8,
Scope. This Rule shall govern the review of judgments and of the COMELEC must be reviewed by the COMELEC en
Rule 64
final orders or resolutions of the: banc via a motion for reconsideration before the final en banc
1. Commission on Elections and decision may be brought to the Supreme Court on certiorari.
• Final order may still be executed unless otherwise
2. Commission on Audit. Section 1, Rule 64 The filing of a motion for reconsideration is mandatory.
directed by SC. Section 8 emphasizes the basic rule
Failure to comply results in the dismissal of the case due to
that the mere filing of the petition shall not be a bar to
Mode of review prematurity. Ambil, Jr. v COMELEC execution where proper under the circumstances,
unless otherwise directed by the Supreme Court such
Generally, mode of review is 65. A judgment or final order PROCEDURE as through a temporary restraining order. Regalado,
or resolution of the Commission on Elections and the 2008
Commission on Audit may be brought by the aggrieved party Period of filing
to the Supreme Court on certiorari under Rule 65, except as Form and contents of petition
hereinafter provided. Section 2, Rule 64 When to file; 30 days from notice. The petition shall be Section 5, Rule 64
filed within 30 days from notice of the judgment or final order
• CSC decisions brought to CA via petition for or resolution sought to be reviewed. Form of petition. The petition shall be verified and filed in
review under 43. The mode of review under Rule 64 18 legible copies.
is totally different from the mode applicable to the • MR/MNT tolls the running of the period if allowed
judgment, final order or resolution of the Civil by COMELEC or COA rules. The filing of a The petition shall name the aggrieved party as petitioner and
Service Commission. Appeal shall be taken by filing a motion for new trial or reconsideration of said shall join as respondents the Commission concerned and the

Rule 64: review of final j/o of comelec & coa ad majorem dei gloriam CIVIL PROCEDURE
person or persons interested in sustaining the judgment, final 3. the expiration of the period to do so. Section 9, Rule
order or resolution a quo. Court’s action 64
Contents. The petition shall: The court, upon receiving the petition, may either: GROUNDS FOR DISMISSAL
1. state the facts with certainty, 1. Order to comment within 10 days from notice. If Section 6, Rule 64
2. present clearly the issues involved, the Supreme Court finds the petition sufficient in
3. set forth the grounds and brief arguments relied upon form and substance, it shall order the respondents to 1. If the Supreme Court finds the petition sufficient in
for review, and file their comments on the petition within 10 days form and substance
4. pray for judgment annulling or modifying the from notice thereof 2. It was filed manifestly for delay, or
questioned judgment, final order or resolution. • Comments of respondents; 18 copies. The 3. The questions raised are too unsubstantial to warrant
comments of the respondents shall be filed in further proceedings.
Findings of fact conclusive if supported by evidence. 18 legible copies. The original shall be 4. Failure to comply with any of the requirements in
Findings of fact of the Commission supported by substantial accompanied by certified true copies of such Section 5, Rule 64
evidence shall be final and non-reviewable. material portions of the record as are referred
to therein together with other supporting
Other requirements: papers. The requisite number of copies of the
1. The petition shall be accompanied by a clearly legible comments shall contain plain copies of all
duplicate original or certified true copy of the documents attached to the original and a copy
judgment, final order or resolution subject thereof, thereof shall be served on the petitioner.
together with certified true copies of such material • No other pleading may be filed by any party
portions of the record as are referred to therein and unless required or allowed by the Court.
other documents relevant and pertinent thereto. Section 7, Rule 64
2. The requisite number of copies of the petition shall
contain plain copies of all documents attached to the 2. Dismiss outright. If the Supreme Court does not find
original copy of said petition. the petition sufficient in form and substance, it may
3. The petition shall state the specific material dates dismiss the petition outright
showing that it was filed within the period fixed
herein, and Submission for decision
4. It shall contain a sworn certification against forum
shopping as provided in the third paragraph of section Submission for decision; submission or expiration of
3, Rule 46. period to submit. Unless the Court
5. The petition shall further be accompanied by proof of 1. sets the case for oral argument, or
service of a copy thereof on the Commission 2. requires the parties to submit memoranda, the case
concerned and on the adverse party, and of the timely shall be deemed submitted for decision
payment of docket and other lawful fees. upon
1. the filing of the comments on the petition, or
Failure to comply = ground for dismissal. The failure of 2. of such other pleadings or papers as may be required
petitioner to comply with any of the foregoing requirements or allowed, or
shall be sufficient ground for the dismissal of the petition.
Rule 65: certiorari, prohibition, mandamus ad majorem dei gloriam CIVIL PROCEDURE
RULE 65: a. annulling or modifying the proceedings of Grave abuse of discretion. The abuse must be grave as
such tribunal, board or officer, and where the power is exercised in an arbitrary or despotic
CERTIORARI, PROHIBITION AND b. granting such incidental reliefs as law and manner by reason of passion or personal hostility; or, it must
justice may require. be so patent and gross as to amount to an evasion of positive
MANDAMUS
1. Grounds duty or to a virtual refusal to perform the duty enjoined or to
The petition shall be accompanied by: act at all in contemplation of law. Planters Products, Inc. v.
a. Certiorari 1. a certified true copy of the judgment, order or Court of Appeal
b. Prohibition
resolution subject thereof,
c. Mandamus 2. copies of all pleadings and documents relevant and
2. Procedure Plain, speedy and adequate remedy. It is one which
pertinent thereto, and
a. When and where filed promptly relieves the petitioner from the injurious effects of
3. a sworn certification of non-forum shopping as
b. Order to comment the judgment and the acts of the lower court or agency.
provided in the third paragraph of section 3, Rule 46.
c. Other court orders Regalado, 2008
d. Proceedings after comment is filed
Aggrieved party. This is not just any party who feels injured
e. Service and enforcement of judgment • MR required even if prohibited by a government
3. When not available by a decision. A person aggrieved referred to is one who was
a party with legal standing founded upon material interest in agency. While a government office may prohibit
4. Rule 65 v Rule 45 altogether the filing of MR with respect to its
the proceedings before said court. Tang, et al. vs. CA
decisions or orders, the fact remains that certiorari
GROUNDS inherently requires the filing of a motion for
Certiorari is concerned with errors of jurisdiction and not
reconsideration, which is the tangible representation
Certiorari errors of judgment. The writ of certiorari is proper to correct of the opportunity given to the office to correct itself.
Section 1, Rule 65 errors of jurisdiction committed by the lower court, or grave Unless it is filed, there could be no occasion to
abuse of discretion which is tantamount to lack of jurisdiction. rectify. Worse, the remedy of certiorari would be
Petition for certiorari. When Where the error is not one of jurisdiction but an error of law unavailing. Philtranco Service Enterprises v
1. any tribunal, board or officer exercising or fact which is a mistake of judgment, appeal is the remedy. Philtranco Service Union
a. judicial or Matute vs. Macadaeg, et al,
b. quasi-judicial functions • Generally, MR is required. The rule is that, before
2. has acted • Certiorari is concerned with errors of jurisdiction certiorari may be availed of, the petitioner must have
a. without or in excess of its or his jurisdiction, and not errors of judgment. An error of judgment is filed a motion for the reconsideration by the lower
or one which the court may commit in the exercise of its court of the act or order complained of. Villa-Rey
b. with grave abuse of discretion amounting to jurisdiction. Such an error does not deprive the court Transit vs. Bello. The purpose of this requirement is
lack or excess of jurisdiction, of jurisdiction and is correctible only by appeal; to enable the lower court, in the first instance, to pass
3. and there is no: whereas an error of jurisdiction is one which the court upon and correct its mistakes without the intervention
a. appeal, or acts without or in excess of its jurisdiction. Such an of the higher court. Regalado, 2008
b. any plain, speedy, and adequate remedy in the error renders an order or judgment void or voidable
ordinary course of law, and is correctible by the special civil action of • Exception. MR may be dispensed with when:
a person aggrieved thereby may file a verified petition in the certiorari. Artistica Ceramica, Inc. v Ciudad Del
proper court: Carmen Homeowner’s Association, Inc., 1. Where the order is a patent nullity
1. alleging the facts with certainty and
2. praying that judgment be rendered
2. Where the questions raised in the certiorari Errors of judgment are correctible by appeal; errors of c. ministerial functions,
proceeding have been duly raised and passed jurisdiction are reviewable by certiorari. Regalado, 2. are
upon by the lower court 2008 a. without or in excess of its or his jurisdiction,
3. Where ther e is an urgent necessity for the or
resolution of the question and any further • Exceptions. A petition for certiorari may be allowed b. with grave abuse of discretion amounting to
delay would prejudice the interests of the despite the availability of the remedy of appeal when: lack or excess of jurisdiction,
Government 3. and there is no:
4. Where, under the circumstances, a motion for 1. Appeal does not constitute a speedy and a. appeal or
reconsideration would be useless, as where adequate remedy; b. any other plain, speedy, and adequate remedy
the court had already indicated that it would 2. Orders were issued either in excess of or in the ordinary course of law,
deny any motion for reconsideration of its without jurisdiction; a person aggrieved thereby may file a verified petition in the
questioned order 3. For certain special considerations as for proper court,
5. Where petitioner was deprived of due process public policy or public welfare; 1. alleging the facts with certainty and
and there is extreme urgency for relief 4. Order is a patent nullity; 2. praying that judgment be rendered
6. Where the proceedings in the lower court are 5. Decision in the certiorari case will avoid a. commanding the respondent to desist from
a nullity for lack of due process future litigation; or further proceedings in the action or matter
7. Where the proceeding was ex parte or in 6. In criminal actions, the court rejects rebuttal specified therein, or
which the petitioner had no opportunity to evidence for the prosecution as, in case of b. otherwise granting such incidental reliefs as
object. Regalado, 2008 acquittal, there could be no remedy. law and justice may require.
Regalado, 2008
• Appeal generally required unless not speedy or The petition shall likewise be accompanied by:
adequate. The general rule is that certiorari may only • Where the remedy of appeal was lost thru the fault or 1. a certified true copy of the judgment, order or
be invoked when there is no appeal, or any plain, negligence of the petitioner, he cannot avail of the resolution subject thereof,
speedy and adequate remedy in the ordinary course of writ of certiorari. Florendo vs. CFI of Ilocos Sur 2. copies of all pleadings and documents relevant and
law. The exception, however, is when the appeal is pertinent thereto, and
not an adequate remedy or equally beneficial, speedy Findings of fact of lower court not conclusive. In original 3. a sworn certification of non-forum shopping as
and sufficient. It is the inadequacy, not the mere actions for certiorari under Rule 65, the finding of facts of the provided in the third paragraph of section 3, Rule 46.
absence, of all other legal remedies, that determines
CA is not conclusive or binding upon the SC unlike the
the propriety of certiorari. Thus, a special civil action Preventive remedy. Prohibition is a preventive remedy.
general rule in appeals by certiorari under Rule 45. Medran v.
for certiorari is proper to assail an order for execution However, to prevent the respondent from performing the act
pending appeal where the same is not founded upon CA
sought to be prevented during the pendency of the
good reasons. Also, the fact that the losing party had
Prohibition proceedings for the writ, the petitioner should obtain a
appealed from the judgment does not bar
the certiorari action filed in respondent court as the Section 2, Rule 65 restraining order and/or a writ of preliminary injunction.
appeal could not be an adequate remedy from such Regalado, 2008
premature execution. Valencia v CA Petition for prohibition. When
1. the proceedings of any tribunal, corporation, board, Generally does not lie against completed acts. While
• Generally, where the proper remedy is appeal, the officer or person, whether exercising prohibition does not ordinarily lie to restrain an act which is
action for certiorari will not be entertained. a. judicial, already a fait accompli, the Supreme Court has made an
Certiorari is not a remedy for errors of judgment. b. quasi-judicial or exception to this doctrine in Tan, et al. vs. COMELEC, et al.
where the Court noted the patent illegality and 2. praying that judgment be rendered commanding the Discretionary Ministerial
unconstitutionality of the creation a new province and the respondent, immediately or at some other time to be If the law imposes a duty The duty is ministerial only
mischief and dangerous precedent of such an act whereby specified by the court, upon a public officer and when the discharge of the
those in the corridors of power could avoid judicial a. to do the act required to be done to protect the gives him the right to decide same requires neither the
intervention and review by merely speedily and stealthily rights of the petitioner, and how or when the duty shall be exercise of official discretion
completing the commission of an illegality. Regalado, 2008 b. to pay the damages sustained by the petitioner performed, such duty is or judgment
by reason of the wrongful acts of the discretionary and not
respondent. ministerial.
In order that prohibition will lie against an executive officer,
Discretion means a power or A ministerial act is one
the petitioner must first exhaust all administrative remedies, as The petition shall also contain a sworn certification of non- right conferred upon them by which an officer or tribunal
prohibition is available only when there are no other plain, law of acting officially, under performs in a given state of
forum shopping as provided in the third paragraph of section
speedy and adequate remedies in the ordinary course of law. certain circumstances, facts, in a prescribed manner,
3, Rule 46.
Cabedo, et al. vs. Director of Lands, et al., uncontrolled by the judgment in obedience to the mandate
Requisites. The following are the requisites in order that a or conscience of others. of a legal authority, without
Prohibition v injunction regard to or the exercise of
petition for mandamus may prosper:
his own judgment upon the
1. There must be a clear legal right to the act demanded;
Prohibition Injunction propriety or impropriety of
2. It must be the duty of the defendant to perform the act the act done.
Directed to court itself, Directed only to the party because it is mandated by law;
commanding it to cease from litigants, without in any
3. The defendant unlawfully neglects the performance of Mandamus will not lie to enforce purely private contract
the exercise of a jurisdiction manner interfering with the
the duty enjoined by law;
to which it has no legal claim. court. De Los Angeles v. CA, rights. Generally, mandamus will not lie to enforce purely
Esquivel v. Ombudsman 4. The act to be performed is ministerial, not
private contract rights, and will not lie against an individual
discretionary;
unless some obligation in the nature of a public or quasi-
Mandamus
5. There is no appeal or other plain, speedy and adequate
remedy in the ordinary course of law. Riano, 2019 public duty is imposed. To preserve its prerogative character,
Section 3, Rule 65 mandamus is not used for the redress of private wrongs, but
Petitioner must have clear legal right. It is essential to the only in matters relating to the public. Uy Kiao Eng v. Nixon
Petition for mandamus. When Lee
issuance of a writ of mandamus that he should have a clear
1. any tribunal, corporation, board, officer or person
legal right to the thing demanded and it must be the
a. unlawfully neglects the performance of an act While the discretion of a court will not ordinarily be
imperative duty of the respondent to perform the act required.
which the law specifically enjoins as a duty controlled by mandamus, where such discretion of the court
resulting from an office, trust, or station, or Hence, when a student fails to meet the requirements for re-
enrollment, mandamus will not lie to compel the school to can be legally exercised in only one way and it refuses to act,
b. unlawfully excludes another from the use and
have them finish the course. University of San Agustin v CA mandamus will lie to compel the court to exercise it. People v
enjoyment of a right or office to which such
Orais
other is entitled,
2. and there is no other plain, speedy and adequate Mandamus covers only ministerial acts. Mandamus will lie
remedy in the ordinary course of law, to compel the performance of a ministerial duty, not a An official can be told to act but not how to act. In the
the person aggrieved thereby may file a verified petition in the discretionary duty. The distinction between a ministerial and a performance of an official duty or act involving discretion,
proper court, discretionary act is enunciated in Samson vs. Barrios: such official can only be directed by mandamus to act but not
1. alleging the facts with certainty and to act one way or the other. An exception to this rule is where

there has been gross abuse of discretion, manifest injustice, or 3. quasi-judicial agency, or respondents to comment on the petition within 10 days
palpable excess of authority, in which case the respondent can 4. tribunal, from receipt of a copy thereof.
be ordered to act in a particular manner, especially where a 5. corporation,
constitutional right has been violated. Kant Wong, et al. vs. 6. board, • Such order shall be served on the respondents in such
PCGG 7. officer or person manner as the court may direct, together with a copy
the petitioner shall join, as private respondent or respondents of the petition and any annexes thereto.
PROCEDURE with such public respondent or respondents, the person or
persons interested in sustaining the proceedings in the court; In petitions for certiorari before the Supreme Court and the
When and where filed Court of Appeals, the provisions of section 2, Rule 56, shall
Section 4, Rule 65 Duty of private respondent. It shall be the duty of such be observed.
private respondents to appear and defend, both in his or their
When filed; 60 days from notice. The petition may be filed own behalf and in behalf of the public respondent or Other pleadings. Before giving due course thereto, the court
not later than 60 days from notice of the judgment, order or respondents affected by the proceedings, and may require the respondents to file their comment to, and not
resolution sought to be assailed a motion to dismiss, the petition. Thereafter, the court may
Costs against private respondent only. Costs awarded in require the filing of a reply and such other responsive or other
Where petition filed: such proceedings in favor of the petitioner shall be against the pleadings as it may deem necessary and proper.
1. in the Supreme Court or, private respondents only, and not against the judge, court,
2. if it relates to the acts or omissions of a lower court or quasi-judicial agency, tribunal, corporation, board, officer or Other court orders
of a corporation, board, officer or person, in the person impleaded as public respondent or respondents. Section 6, Rule 65
Regional Trial Court exercising jurisdiction over the
territorial area as defined by the Supreme Court. Unless otherwise specifically directed by the court where the Expediting proceedings; injunctive relief. The court in
3. It may also be filed in the Court of Appeals whether petition is pending, the public respondents shall not appear in which the petition is filed:
or not the same is in aid of its appellate jurisdiction, or file an answer or comment to the petition or any pleading 1. may issue orders expediting the proceedings, and it
or therein. 2. may also grant a temporary restraining order or a writ
4. in the Sandiganbayan if it is in aid of its jurisdiction. of preliminary injunction for the preservation of the
Public respondents mere nominal parties. If the case is rights of the parties pending such proceedings.
If QJA, CA only. If it involves the acts or omissions of a elevated to a higher court by either party, the public
quasi-judicial agency, and unless otherwise provided by law respondents shall be included therein as nominal parties. The petition shall not interrupt the course of the principal case
or these Rules, the petition shall be filed in and cognizable However, unless otherwise specifically directed by the court, unless a temporary restraining order or a writ of preliminary
only by the Court of Appeals. they shall not appear or participate in the proceedings therein. injunction has been issued against the public respondent from
further proceeding in the case.
Respondents and costs Order to comment
Section 5, Rule 65 Section 6, Rule 65 Proceedings after comment is filed
Section 8, Rule 65
Private respondents. When the petition filed relates to the Order to comment within 10 days from receipt. If the Hearing or memoranda. The court may hear the case or
acts or omissions of a: petition is sufficient in form and substance to justify such require the parties to submit memoranda:
1. judge, process, the court shall issue an order requiring the respondent 1. after the comment or other pleadings required by the
2. court, court are filed, or
2. the time for the filing thereof has expired, 3. Petition for writ of Habeas data against any petitioner.
interlocutory order. Section 13(l), A.M. No. 08-1-16 A.M. No. 02-03-SC
Grant of reliefs. If after such hearing or submission of 4. Small claims cases against interlocutory order issued Does not stay the challenged Stays the judgment or order
memoranda or the expiration of the period for the filing by the lower court. Section 14(g) of A.M. No. 08- 8- proceeding unless WPI or appealed from
thereof the court finds that the allegations of the petition are 7-SC TRO is issued
true, it shall render judgment for the relief prayed for or to Impleaded in the action as The lower court or quasi-
which the petitioner is entitled. RULE 65 V RULE 45 public respondents are the judicial agency is not
judge, court, quasi-judicial impleaded. The appellant and
Rule 65 Rule 45 agency, tribunal, corporation, the appellee are the original
When dismissed. The court, however, may dismiss the
Original action Mode of appeal board, officer or person parties to the action.
petition if it finds the same to be:
1. patently without merit, Court exercises original Court exercises appellate
jurisdiction jurisdiction 45 and 65 are mutually exclusive. A petition for review on
2. prosecuted manifestly for delay, or
3. that the questions raised therein are too unsubstantial May be filed with the RTC, Filed with SC only certiorari under Rule 45 and a petition for certiorari under
to require consideration. CA, SB, or COMELEC Rule 65 are mutually exclusive remedies. Certiorari cannot
May also be directed against Directed against final co-exist with an appeal or any other adequate remedy. Portillo
Service and enforcement of judgment an interlocutory order and judgments or orders v. Rudolf Lietz, Inc.,
Section 9, Rule 65 other matters not appealable
General rule. Involves General rule. Involves
Service and enforcement of order or judgment. A certified questions of jurisdiction question of law
copy of the judgment rendered in accordance with the last
Exception. May delve into Exception. Questions of fact
preceding section shall be served upon the court, quasi- factual issues in order to may be resolved in writs of
judicial agency, tribunal, corporation, board, officer or person resolve allegations of GAD. amparo, habeas data, and
concerned in such manner as the court may direct, and Balba v Peak Development, kalikasan
disobedience thereto shall be punished as contempt. Inc.
Directed against an Involves the review of the
An execution may issue for any damages or costs awarded in interlocutory order of a court judgment, final orders or
accordance with section 1 of Rule 39. or where there is no appeal or resolutions of the CA,
any other plain, speedy or Sandiganbayan, CTA, RTC
WHEN NOT AVAILABLE adequate remedy or other courts
Filed not later than 60 days Filed within 15 days from
In the following case, petitions for certiorari, prohibition, and from notice of judgment, notice of judgment, final
mandamus not applicable: order or resolution sought to order or resolution appealed
be assailed. from
As a general rule, MR or MR or MNT not required.
1. Rule on Summary Procedure as to interlocutory order MNT is required. If a motion
issued by the lower court. Section 19(g), Rules on
for reconsideration or new
Summary Procedure
trial is filed, another 60 days
2. Writ of Amparo against any interlocutory order. shall be given to the
Section 11(l), Rule on Writ of Amparo
TABLE OF COMPARISON
CERTIORARI PROHIBITION MANDAMUS

Governing rule Section 1, Rule 65 Section 2, Rule 65 Section 3, Rule 65
To whom directed Directed against an entity or person exercising Directed against an entity or person exercising judicial, Directed against an entity or person exercising ministerial
judicial or quasi-judicial function. quasi-judicial or ministerial function. function.
Respondent Exercises judicial or quasi-judicial functions Exercises judicial or n on-judicial functions
Ground Acting: Acting: 1. unlawfully neglects the performance of an act
1. w/o jurisdiction 1. w/o jurisdiction which the law specifically enjoins as a duty
2. in excess of jurisdiction 2. in excess of jurisdiction resulting from an office, trust, or station, or
3. GADALEJ 3. GADALEJ 2. unlawfully excludes another from the use and
enjoyment of a right or office to which such other
is entitled,
Purpose Annul or nullify a proceeding 1. commanding the respondent to desist from 1. Do the act required
further proceedings in the action or matter 2. Pay damages
specified therein, or
2. other incidental reliefs as law and justice may
require.
Nature Corrective. To correct usurpation of jurisdiction Preventive and negative. Prohibition is intended to Positive. If a person is required to do an act.
prevent the commission or carrying out of an act Negative. If a person is required to stop excluding another
Act sought to be controlled Discretionary acts Discretionary and ministerial acts Ministerial acts

Rule 66: quo warranto ad majorem dei gloriam CIVIL PROCEDURE
RULE 66: warranto proceedings, and that the respondent the only other
party who may institute the proceedings in the name of the Discretionary; when Solicitor General or public
QUO WARRANTO Republic of the Philippines, would not proceed against prosecutor MAY commence action with permission of
1. Who commences action himself. Were it not for this anomalous situation where there court. The Solicitor General or a public prosecutor may, bring
2. Procedural would be no remedy to redress a constitutional transgression, such an action:
a. Contents of petition against usurpation we would adhere strictly to the time-honored rule that to test 1. with the permission of the court in which the action is
b. Parties the right to an office quo warranto proceedings is the proper to be commenced,
c. When action must be commenced remedy. Nacionalista Party v Bautista 2. at the request and upon the relation of another person;
d. Venue wlib r
3. but in such case the officer bringing it may first

e. Period for pleadings and proceedings require an indemnity for the expenses and costs of the
3. Judgment When OSG can commence quo warranto
action in an amount approved by and to be deposited
a. Judgment where usurpation found in the court by the person at whose request and upon
b. Right of persons entitled to office Action by Government against individuals. An action for whose relation the same is brought. Section 3, Rule
the usurpation of a public office, position or franchise may be 66
WHO COMMENCES ACTION commenced by a verified petition brought in the name of the
Republic of the Philippines against: • Application to court for permission to commence
1. Solicitor General. Section 3, Rule 66 a. A person who action. Upon application for permission to commence
2. Public prosecutor. Section 3, Rule 66 a. usurps, such action in accordance with the next preceding
3. An individual claiming to be entitled to the office. b. intrudes into, or section, the court shall:
Section 5, Rule 66 c. unlawfully holds or exercises 1. direct that notice be given to the respondent
a public office, position or franchise; so that he may be heard in opposition thereto;
Only those expressly enumerated under the Rules may b. A public officer who does or suffers an act which,-by and if permission is granted, the court shall
commence an action for quo warranto. It is specifically the provision of law, constitutes a ground for the 2. issue an order to that effect,
provided in the rules who may commence a quo warranto forfeiture of his office; or 3. copies of which shall be served on all
proceeding and it is very clear that it was the intention to give c. An association which acts as a corporation within the interested parties, and
such right to those expressly mentioned, following the well- Philippines without being legally incorporated or 4. the petition shall then be filed within the
without lawful authority so to act. Section 1, Rule 66 period ordered by the court. Section 4, Rule
known rule of law inclusio unius est exclusio alterius. Acosta
v Flor 66
When public prosecutor can commence quo warranto • This means that leave of court is necessary in order
for the public prosecutor or solicitor general to
A prohibition is not a substitute for a quo warranto
Mandatory; when Solicitor General or public prosecutor commence a quo warranto proceeding at the instance
petition. An action to test the validity or legality of the of another person.
MUST commence action. The Solicitor General or a public
designation of an official is in the nature of a quo warranto
prosecutor,
proceeding that may only be instituted by the party who When an individual can commence quo warranto
1. when directed by the President of the Philippines, or
claims to be entitled to office. A petition for prohibition is 2. when upon complaint or
generally not a substitute for a quo warranto. However, in 3. otherwise he has good reason to believe that any case When an individual may commence such an action. A
view of the peculiar and extraordinary circumstances specified in the preceding section can be established person claiming to be entitled to a public office or position
obtaining in this case, to wit: that as no one is entitled to the by proof usurped or unlawfully held or exercised by another may bring
office there is no party who in his name may institute quo must commence such action. Section 2, Rule 66 an action therefor in his own name. Section 5, Rule 66
office should be determined as speedily as practicable. Torres Quo warranto may be prioritized. Such action may be given
PROCEDURAL v. Quintos precedence over any other civil matter pending in the court.
Contents of petition against usurpation Venue JUDGMENT

Section 6, Rule 66 Section 7, Rule 66
When the action is against a person for usurping a public General rule. An action under the preceding six sections can Judgment where usurpation found
office, position or franchise, the petition shall set forth be brought only in: Section 9, Rule 66
1. the name of the person who claims to be entitled 1. the Supreme Court,
thereto, if any, 2. the Court of Appeals, or Ouster + recovery of costs. When the respondent is found
2. with an averment of his right to the same and 3. the Regional Trial Court exercising jurisdiction over guilty of usurping, intruding into, or unlawfully holding or
3. that the respondent is unlawfully in possession the territorial area where the respondent or any of the exercising a public office, position or franchise, judgment
thereof. respondents resides, shall be rendered that
1. such respondent be ousted and altogether excluded
Parties in a petition against usurpation Exception. But when the Solicitor General commences the therefrom, and
Section 6, Rule 66 action, it may be brought: 2. that the petitioner or relator, as the case may be,
1. in a Regional Trial Court in the City of Manila, recover his costs.
All persons who claim to be entitled to the public office, 2. in the Court of Appeals, or
position or franchise may be made parties, and their respective 3. in the Supreme Court. Further judgment. Such further judgment may be rendered
rights to such public office, position or franchise determined, determining the respective rights in and to the public office,
in the same action. Actions of quo warranto against corporations fall under the position or franchise of all the parties to the action as justice
jurisdiction of the RTC acting as Special Commercial Courts. requires.
When action must be commenced Section 5.2, Securities Regulations Code.
Section 11, Rule 66 Rights of persons adjudged entitled to public office
Exception to the rule on administrative remedies. A quo Section 10, Rule 66
An action against a public officer or employee for his ouster warranto proceeding is one of the instances where exhaustion
from office [shall] be commenced within 1 year after : of administrative remedies is not required Celestial v. If judgment be rendered in favor of the person averred in the
1. the cause of such ouster, or Cachopero complaint to be entitled to the public office he may,
2. the right of the petitioner to hold such office or 1. Take upon himself the execution of the office after
position, arose; Period for pleadings and proceedings a. taking the oath of office and
Section 8, Rule 66 b. executing any official bond required by law
The pendency of administrative remedies does not operate
to suspend the period of one year within which a petition for Period may be reduced. The court may reduce the period 2. Immediately thereafter demand of the respondent all
quo warranto should be filed. While it may be desirable that provided by these Rules for filing pleadings and for all other the books and papers in the respondent’s custody or
administrative remedies be first resorted to, no one is proceedings in the action in order to secure the most control appertaining to the office to which the
compelled or bound to do so, and as said remedies neither are expeditious determination of the matters involved therein judgment relates.
pre-requisite to nor bar the institution of quo warranto consistent with the rights of the parties. o If the respondent refuses or neglects to deliver
proceedings, they should not be allowed to suspend the period any book or paper pursuant to such demand,
of one year. Public interest requires that the right to a public
he may be punished for contempt as having
disobeyed a lawful order of the court.
3. The person adjudged entitled to the office may also

bring action against the respondent to recover the
damages sustained by such person by reason of the
usurpation.
Action for damages. Action for damages when a person is

adjudged to be entitled to public office [shall] be commenced
within 1 year after the entry of the judgment establishing the
petitioner’s right to the office in question. Section 11, Rule 66
Judgment for costs

Section 12, Rule 66
In an action brought in accordance with the provisions of this

Rule, the court may render judgment for costs against either:
1. the petitioner,
2. the relator, or
3. the respondent, or
4. the person or persons claiming to be a corporation, or
5. may apportion the costs,
as justice requires.

Rule 67: expropriation ad majorem dei gloriam CIVIL PROCEDURE
RULE 67: 2 stages; determination of authority to expropriate. The to be incompetent may, with the approval of the court first
first stage is the determination of the authority of the plaintiff had, do and perform on behalf of his ward any act, matter, or
EXPROPRIATION to expropriate, which includes an inquiry into the propriety of thing respecting the expropriation for public use or purpose of
1. Eminent domain the expropriation and its necessity and the public purpose. property belonging to such minor or person judicially declared
2. Contents of the petition This ends in the issuance of an order of expropriation if the to be incompetent, which such minor or person judicially
3. Entry of plaintiff court finds for plaintiff or in dismissal of the complaint if it declared to be incompetent could do in such proceedings if he
4. Defenses and objections finds otherwise. Riano, 2019 were of age or competent. Section 14, Rule 67
5. Order of expropriation
6. Just compensation
2 stages; just compensation. The second stage is the Note. The owner of the land may still dispose of said
7. Judgment
determination of just compensation through the court- property, despite the filing of the action, as the grantee would
8. Post-judgment scenario
appointed commissioners. Riano 2019 merely be substituted in his place and holds the land subject
EMINENT DOMAIN to the results of the action. Tuason, Jr. vs. De Asis
CONTENTS OF THE PETITION
Power of eminent domain. Eminent domain, which is Section 1, Rule 67 ENTRY OF PLAINTIFF
properly a concept of political or constitutional law, is the Section 2, Rule 67
right of the State to acquire private property for public use Contents of the complaint. The right of eminent domain
upon the payment of just compensation. That right extends to shall be exercised by the filing of a verified complaint which Entry of plaintiff; real property. The plaintiff shall have the
private property partly or entirely personal and the process of shall: right to take or enter upon the possession of the real property
acquisition is substantially the same. Regalado, 2008 1. state with certainty the right and purpose of involved
expropriation, 1. upon the filing of the complaint or at any time thereafter
2. describe the real or personal property sought to be and after due notice to the defendant,
Eminent domain and due process. The requirement of due
expropriated, and 2. if he deposits with the authorized government depositary
process calls for a rule of procedure to be observed in the 3. join as defendants all persons owning or claiming to an amount equivalent to the assessed value of the
exercise of the right of eminent domain which is more own, or occupying, any part thereof or interest property for purposes of taxation to be held by such bank
familiarly known in our jurisdiction as expropriation. therein, showing, so far as practicable, the separate subject to the orders of the court.
Regalado, 2008 interest of each defendant.
• Deposit; in money or certificate of deposit of a
Taking of private property must be for public use. The Other averments. If the government bank payable on demand. Such deposit
taking of private property, consequent to the Government’s 1. title to any property sought to be expropriated appears to shall be in money, unless in lieu thereof the court
exercise of its power of eminent domain, is always subject to be in the Republic of the Philippines, although occupied authorizes the deposit of a certificate of deposit of a
the condition that the property be devoted to the specific by private individuals, or government bank of the Republic of the Philippines
public purpose for which it was taken. Corollarily, if this 2. if the title is otherwise obscure or doubtful so that the payable on demand to the authorized government
particular purpose or intent is not initiated or not at all plaintiff cannot with accuracy or certainty specify who depositary.
pursued, and is peremptorily abandoned, then the former are the real owners,
owners, if they so desire, may seek the reversion of the averment to that effect shall be made in the complaint. Entry of plaintiff; personal property. If personal property is
property, subject to the return of the amount of just involved, its value shall be provisionally ascertained and the
compensation received. Vda de Ouano v Republic Power of guardian in such proceedings. The guardian or amount to be deposited shall be promptly fixed by the court.
guardian ad litem of a minor or of a person judicially declared

1. After such deposit is made the court shall order the Defendant has objection; file an answer. If a defendant has complaint, upon the payment of just compensation to be
sheriff or other proper officer to forthwith place the any objection to the filing of or the allegations in the determined as of
plaintiff in possession of the property involved and complaint, or any objection or defense to the taking of his 1. the date of the taking of the property or
2. promptly submit a report thereof to the court with property, he shall serve his answer within the time stated in 2. the filing of the complaint,
service of copies to the parties. the summons. whichever came first.
• The answer shall specifically designate or identify the
Preliminary deposit; purpose. The preliminary deposit property in which he claims to have an interest, state Appeal. A final order sustaining the right to expropriate the
under this section constitutes advance payment in the event the nature and extent of the interest claimed, and property may be appealed by any party aggrieved thereby.
the expropriation proceeds and stands as indemnity for adduce all his objections and defenses to the taking of Such appeal, however, shall not prevent the court from
damages should the proceedings not succeed. Visayan his property. determining the just compensation to be paid.
Refining Co. vs. Camus • No counterclaim, cross-claim or third-party complaint
shall be alleged or allowed in the answer or any After the rendition of such an order, the plaintiff shall not be
Deposit necessary only if plaintiff seeks entry. The subsequent pleading. permitted to dismiss or discontinue the proceeding except on
preliminary deposit is only necessary if the plaintiff desires • Omnibus motion rule. A defendant waives all such terms as the court deems just and equitable.
entry on the land upon its institution of the action; otherwise, defenses and objections not so alleged
it could always wait until the order of expropriation is issued • Remedy answer does not include all defenses. The
• The order of expropriation forecloses any further
before it enters upon the land. Regalado, 2008 court, in the interest of justice, may permit objections to the right to expropriate, including the
amendments to the answer to be made not later than
public purpose of the same. The only substantial issue
After deposit, expropriator entitled to possession. Once the 10 days from the filing thereof.
thereafter is the matter of just compensation.
required deposit under this section has been duly made, the • However, at the trial of the issue of just Regalado, 2008
compensation, whether or not a defendant has
expropriator is entitled to a writ of possession over the
previously appeared or answered, he may present
property as a matter of right, and the issuance of that writ JUST COMPENSATION
evidence as to the amount of the compensation to be
becomes ministerial on the part of the trial court. Biglang- paid for his property, and he may share in the
awa, et al. vs. Bacalla, etc., et distribution of the award. Just compensation. The just compensation for the
condemned property is generally the market value. Such
DEFENSES AND OBJECTIONS ORDER OF EXPROPRIATION amount is not limited to the assessed value of the property or
Section 3, Rule 67 Section 4, Rule 67 to the schedule of market values determined by the provincial
or city appraisal committee. However, these values may serve
Defendant has no objection; notice of appearance. If a Order of expropriation. If as factors to be considered in the judicial valuation of the
defendant has no objection or defense to the action or the 1. the objections to and the defenses against the right of property. National Power Corp. vs. Manubay AgroIndustrial
taking of his property, he may file and serve a notice of the plaintiff to expropriate the property are overruled, Dev. Corp
appearance and a manifestation to that effect, specifically or
designating or identifying the property in which he claims to 2. when no party appears to defend as required by this Market value. The value of the property means the market
be interested, within the time stated in the summons. Rule, value thereof, that is, the price which it will command where
Thereafter, he shall be entitled to notice of all proceedings the court may issue an order of expropriation declaring that it is offered for sale by one who desires, but is not obliged to
affecting the same. the plaintiff has a lawful right to take the property sought to sell, and is bought by one under no necessity of having it.
be expropriated, for the public use or purpose described in the Manila Railroad Co. vs. Caligsihan,

Value at time of taking if taking precedes filing. The nature expropriation has been completed and terminated, ownership
and the value of the land at the time it was taken by the over the property being expropriated remains with the Ocular inspection. Evidence may be introduced by either
Government should be the basis of the price to be paid to the registered owner. Consequently, the latter can exercise all party before the commissioners who are authorized to
owner if the taking of possession thereof was mad e before the rights pertaining to an owner, including the right to dispose of administer oaths on hearings before them, and the
institution of the expropriation proceedings. National Power his property subject to the power of the State ultimately to commissioners shall, unless the parties consent to the
Corp. vs. CA acquire it through expropriation. Republic v Lim contrary, after due notice to the parties to attend,
• view and examine the property sought to be
Otherwise, value at time of filing. The value at the time of Ascertainment of just compensation expropriated and its surroundings, and may measure
the filing of the complaint is determinative if the taking of Section 5, Rule 67 the same, after which either party may, by himself or
possession coincides with or is subsequent to the counsel, argue the case.
commencement of the proceedings, with interest from its Ascertainment of compensation; appointment of 3
taking and with attorney' s fees to be determined by the trial commissioners. Upon the rendition of the order of Consequential damages and consequential benefits. The
court. National Power Corp. vs. CA expropriation, the court shall appoint not more than 3 commissioners shall assess the consequential damages to the
competent and disinterested persons as commissioners to property not taken and deduct from such consequential
Recovery of property. No piece of land can be finally and ascertain and report to the court the just compensation for the damages the consequential benefits to be derived by the owner
irrevocably taken from an unwilling owner until compensation property sought to be taken. from the public use or purpose of the property taken, the
is paid. The unpaid owner even has a right to recover the operation of its franchise by the corporation or the carrying on
property if within five years from the decision, the Order of appointment. The order of appointment shall of the business of the corporation or person taking the
expropriator fails to effect payment of just compensation. San designate the time and place of the first session of the hearing property.
Roque Realty v RP to be held by the commissioners and specify the time within
which their report shall be submitted to the court. Copies of • But in no case, shall the consequential benefits
Just compensation; payment of the correct amount within the order shall be served on the parties. assessed exceed the consequential damages assessed,
the reasonable time. The concept of just compensation or the owner be deprived of the actual value of his
property so taken.
embraces not only the correct determination of the amount to Objections; 10 days from service; resolved within 30 days
be paid to the owner of the land, but also the payment thereof from receipt. Objections to the appointment of any of the
Formula based on Section 6. Just compensation = FMV +
within a reasonable time from its taking. Without prompt commissioners shall be filed with the court within 10 days
Consequential damages – consequential benefits.
payment, compensation cannot be considered just since the from service, and shall be resolved within 30 days after all the
owner has been immediately deprived of his land while being commissioners shall have received copies of the objections.
• It refers to actual benefits derived by the owner on the
made to wait for a long period before receiving the payment
remaining portion of his land which are the direct and
necessary to cope with his loss. To allow the taking of the Proceedings by commissioners
proximate results of the improvements consequent to
landowner's properties and to leave them empty-handed while Section 6, Rule 67 the expropriation, and not the general benefits which
Government withholds compensation is undoubtedly he receives in common with community. Regalado,
oppressive. Coscolluela v Court of Appeals Commissioners’ oath. Before entering upon the performance 2008
of their duties, the commissioners shall take and subscribe an
Payment required for transfer of title. It is only upon oath that they will faithfully perform their duties as JUDGMENT
payment of just compensation that title over the property commissioners, which oath shall be filed in court with the
passes to the government. Therefore, until the action for other proceedings in the case. Report by commissioners
Section 7, Rule 67 2. even before the expiration of such period but after all fixed by the judgment, with legal interest thereon from the
the interested parties have filed their objections to the taking of the possession of the property, or after tender to him
Report by commissioners and judgment thereupon. The report or their statement of agreement therewith, of the amount so fixed and payment of the costs, the plaintiff
court may order the commissioners to report when any the court may, after hearing, shall have the right:
particular portion of the real estate shall have been passed 1. accept the report and render judgment in accordance 1. to enter upon the property expropriated and
upon by them, and may render judgment upon such partial therewith; or, 2. to appropriate it for the public use or purpose defined
report, and direct the commissioners to proceed with their 2. for cause shown, it may recommit the same to the in the judgment, or
commissioners for further report of facts; or 3. to retain it should he have taken immediate possession
work as to subsequent portions of the property sought to be
3. it may set aside the report and appoint new thereof under the provisions of section 2 hereof.
expropriated, and may from time to time so deal with such commissioners; or
property. 4. it may accept the report in part and reject it in part; Deposit if defendant or his counsel does not receive
and payment. If the defendant and his counsel absent themselves
The commissioners shall make a full and accurate report to 5. it may make such order or render such judgment as
the court of all their proceedings, and such proceedings shall from the court, or decline to receive the amount tendered, the
shall secure to the plaintiff the property essential to
not be effectual until the court shall have accepted their report same shall be ordered to be deposited in court and such
the exercise of his right of expropriation, and to the
and rendered judgment in accordance with their defendant just compensation for the property so taken. deposit shall have the same effect as actual payment thereof to
recommendations the defendant or the person ultimately adjudged entitled
Uncertain ownership; conflicting claims thereto
Report; 60 days from appointment. Except as otherwise Section 9, Rule 67
expressly ordered by the court, such report shall be filed Effect of appeal
within sixty (60) days from the date the commissioners were If the ownership of the property taken is uncertain, or there Section 11, Rule 67
notified of their appointment, which time may be extended in are conflicting claims to any part thereof, the court may order
the discretion of the court. any sum or sums awarded as compensation for the property to Entry not delayed by appeal. The right of the plaintiff to
be paid to the court for the benefit of the person adjudged in enter upon the property of the defendant and appropriate the
Service; object within 10 days. Upon the filing of such the same proceeding to be entitled thereto. same for public use or purpose shall not be delayed by an
report, the clerk of the court shall serve copies thereof on all appeal from the judgment.
interested parties, with notice that they are allowed 10 days But the judgment shall require the payment of the sum or
within which to file objections to the findings of the report, if sums awarded to either the defendant or the court before the Rights of plaintiff after judgment and payment
they so desire. plaintiff can enter upon the property, or retain it for the public Section 11, Rule 67
use or purpose if entry has already been made.
Judgment by the court Property restored to defendant + damages. But if the
Section 8, Rule 67 POST-JUDGMENT SCENARIO appellate court determines that plaintiff has no right of
expropriation, judgment shall be rendered ordering the
Action upon commissioners’ report. Upon: Rights of plaintiff after judgment and payment Regional Trial Court:
1. the expiration of the period of 10 days referred to in Section 10, Rule 67 1. to enforce the restoration to the defendant of the
the preceding section, or possession of the property, and
2. to determine the damages which the defendant
Enter and appropriate for public use; retain. Upon
sustained and may recover by reason of the
payment by the plaintiff to the defendant of the compensation
possession taken by the plaintiff.
Costs
Section 11, Rule 67
The fees of the commissioners shall be taxed as a part of the

costs of the proceedings.
General rule. All costs, except those of rival claimants

litigating their claims, shall be paid by the plaintiff
Exception. When an appeal is taken by the owner of the

property and the judgment is affirmed, in which event the
costs of the appeal shall be paid by the owner.
Recording judgment, and its effect

Section 13, Rule 67
The judgment entered in expropriation proceedings shall state

definitely, by an adequate description,
1. the particular property or interest therein expropriated,
and
2. the nature of the public use or purpose for which it is
expropriated.
Real property; recorded in RD. When real estate is

expropriated, a certified copy of such judgment shall be
recorded in the registry of deeds of the place in which the
property is situated, and its effect shall be to vest in the
plaintiff the title to the real estate so described for such public
use or purpose.

Rule 68: foreclosure of real estate mortgage ad majorem dei gloriam CIVIL PROCEDURE
RULE 68: 2. to foreclose the mortgage, if one has been 1. The persons obligated to pay the mortgage debt;
constituted. An election of the first bars the recourse 2. The persons who own, occupy or control the mortgaged
FORECLOSURE OF REAL ESTATE to the second. Riano, 2019 premises;
3. The transferee or grantee of the property; and
MORTGAGE The mere act of filing of an ordinary action for collection 4. The second mortgagee or junior encumbrancer, or any
against the principal debtor, the creditor is deemed to have person claiming a right or interest in the property
REAL ESTATE MORTGAGE subordinate to the mortgage sought to be foreclosed; but if
elected a remedy, as a result of which a waiver of the other
must necessarily arise. Bank of America, NT & SA vs. the action is by the junior encumbrancer, the first
Real Estate Mortgage (REM An accessory contract mortgagee may also be joined as defendant. Regalado,
American Realty Corporation
executed by a debtor in favor of a creditor as security for 2008
principal obligation. This principal obligation is usually a
Jurisdiction over foreclosure of REM. It is the RTC of the
simple loan. Riano, 2019 Judgment on foreclosure for payment or sale. It is the
province where the land or any part thereof is situated.
judgment of the court ordering the debtor to pay within a
Foreclosure of REM. It is the remedy used for the period not less than 90 days nor more than 120 days from the
• Note: Foreclosure of REM is incapable of pecuniary
satisfaction of any monetary obligation, which a person owes entry of judgment after ascertaining the amount due to the
estimation because the court in this action would have
to another, by proceeding against the property used to secure plaintiff. Section 2, Rule 68
to resolve the issue of whether or not there is a legal
said obligation. Riano, 2019 basis for foreclosure. Riano, 2019
Note: The judgment of the court is considered a final
Requisites of a valid foreclosure of REM Contents of a complaint for foreclosure of REM. The adjudication of the case and hence, is subject to challenge by
1. A finding of the amount due the plaintiff including complaint shall contain the following: the aggrieved party by appeal or by other post judgment
interest, cost and other charges approved by the court; 1. The date and due execution of the mortgage; remedies. Riano, 2019
2. Order to defendant to pay said amount within a period of 2. The names and residences of the mortgagor and the
not less than 90 days nor more than 120 days from entry mortgagee; Foreclosure sale. When the defendant fails to pay the amount
of judgment; and 3. A description of the mortgaged property; of the judgment within the period specified therein, the court,
3. If the defendant defaults, the court should order the sale at 4. Date of the note or other documentary evidence of the upon motion, shall order the property to be sold in the manner
public auction of the mortgaged property. Section 2, Rule obligation secured by the mortgage, the amount claimed and under the provisions of Rule 39 and other regulations
68 to be unpaid thereon; and governing sales of real estate under executions. Section 3,
4. The names and residences of all persons having or Rule 68
When foreclosure is proper. Foreclosure of real estate claiming an interest in the property subordinate in right to
mortgage presupposes that the debtor failed to pay his debt that of the holder of the mortgage. Section 1, Rule 68 Sale of mortgaged property; effect. If the mortgagor fails to
despite demand. The default of the debtor must first be
pay the sum due within the period (90-120 days) stated by the
established. If demand was made and duly received by the
court in its judgment, upon motion of the mortgagee, the court
respondents and the latter still did not pay, then they were Cause of action in a foreclosure suit. Generally, non-
shall order the property to be sold in the manner and under the
already in default and foreclosure was proper. Riano, 2019 payment of the mortgage loan, but it may be on other grounds
provisions of Rule 39 and other regulations governing sales of
which under the contract warrant the foreclosure, such as the
real estate under execution. Section 3, Rule 68
Defaulting debtor’s alternatives. In case of default of the violation of some of other conditions therein. Regalado, 2008
debtor, the creditor has two alternatives:
Effect of sale of mortgaged property. The purchaser in a
1. to file an action for collection of a sum of money; or Defendants that must be joined
foreclosure sale is entitled to a writ of possession and that,
upon an ex parte motion of the purchaser, it is ministerial which ordered the foreclosure unless a third party is actually
upon the court to issue writ of possession in his favor. He is holding the same adversely to the judgment obligor. Section Instances when court cannot render deficiency judgment
not required to bring a separate action for possession after the 3, Rule 68 1. Case is covered by the Recto Law (Art. 1484, NCC);
redemption period has expired. 2. Mortgagor is a non-resident and who at the time of the
Disposition of proceeds of sale filing of the action for foreclosure and during the
However, where the parties in possession claim ownership 1. The proceeds of the sale of the mortgaged property shall, pendency of the proceedings was outside the Philippines,
thereof and, if there is some plausibility in their claim, issue after deducting the costs of the sale, be paid to the person unless there is attachment;
must first be ventilated in a proper hearing of the merits foreclosing the mortgage; 3. Mortgagor dies, the mortgagee may file his claim with the
2. When there is any balance or residue after paying off the probate court under Sec. 7, Rule 86; and
thereof. Regalado, 2008
mortgage debt due, the same shall be paid to junior 4. Mortgagee is a third person but not solidarily liable with
encumbrances in the order of their priority. the debtor.
3. If there be any further balance after paying them or if
Notice of sale. It is well-settled rule that statutory provisions Registration. A certified copy of the final order of the court
there be no junior encumbrances, the same shall be paid to
governing publication of notice of mortgage foreclosure sales confirming the sale shall be registered in the registry of deeds.
the mortgagor or any person entitled thereto. Section 4,
must be strictly complied with and that even slight deviations Rule 68 If no right of redemption exists, the certificate of title in the
therefrom will invalidate the notice. This is to inform the name of the mortgagor shall be cancelled, and a new one
public of the nature and condition of the property to be sold, Deficiency judgment. It is the judgment rendered by the issued in the name of the purchaser. Section 6, Rule 68
and of the time, place and terms of the sale. Riano, 2019 court holding the defendant liable for any unpaid balance due
to the mortgagee if the proceeds from the foreclosure sale do Where a right of redemption exists, the certificate of title in
Note: The mortgagor is entitled to a notice of hearing of the not satisfy the entire debt. the name of the mortgagor shall not be cancelled, but the
confirmation of the sale; otherwise, the order is void. Due certificate of sale and the order confirming the sale shall
process requires that said notice be given so that the Recovery of deficiency. If there is a balance due to the reregistered and a brief memorandum thereof made by the
mortgagor can resist the motion and be informed that his right plaintiff after applying the proceeds of the sale, the court, registrar of deeds upon the certificate of title. In the event the
to redeem is cut-off. Tiglao v. Botones upon motion, shall render judgment against the defendant for property is redeemed, the deed of redemption shall be
any balance for which, by the record of the case, he may be registered with the registry of deeds, and a brief memorandum
• The order of confirmation is appealable. personally liable to the plaintiff. Execution may issue thereof shall be made by the registrar of deeds on said
immediately if the balance is all due at the time of the certificate of title.
Effect of order of confirmation. It shall operate to divest the rendition of the judgment. If not due, the plaintiff shall be
rights in the property of all the parties to the action and to vest entitled to execution at such time as the balance remaining If the property is not redeemed, the final deed of sale executed
their rights in the purchaser, subject to such rights of becomes due under the terms of the original contract, which by the sheriff in favor of the purchaser at the foreclosure sale
redemption as may be allowed by law. Section 3, Rule 68 time shall be stated in the judgment. Section 6, Rule 68 shall be registered with the registry of deeds; whereupon the
certificate of title in the name of the mortgagor shall be
It is said that title vests in the purchaser upon a valid Liability of a 3rd party mortgagor in case of deficiency cancelled and a new one issued in the name of the purchaser.
confirmation of the sale and retroacts to the date of the sale judgment. If such third person did not assume personal
Riano, 2019 liability for the payment of the debt, the extent of recovery in Applicability of other provisions. The provisions of sections
the judgment of foreclosure shall be limited to the purchase 31, 32 and 34 of Rule 39 shall be applicable to the judicial
Remedy if the mortgagor refuses to vacate. The purchaser price at the foreclosure sale and no deficiency judgment can foreclosure of real estate mortgages under this Rule insofar as
may secure a writ of possession, upon motion, from the court be recovered against said person. Phil. Trust Co. v. Tan Suisa
the former are not inconsistent with or may serve to
supplement the provisions of the latter. Section 7, Rule 68
• Note: In extrajudicial foreclosure, the mortgagor has

the right to redeem the property within one year from
the registration of the deed of sale.
However, Sec. 47 of the General Banking Act provides that in

case of extrajudicial foreclosure, juridical persons shall have
the right to redeem the property until, but not after, the
registration of the certificate of foreclosure sale which in no
case shall be more than 3 months after foreclosure, whichever
is earlier. The pendency of the action stops the running of the
right of redemption. Said right continues after perfection of an
appeal until the decision of the appeal. Consolidated Bank and
Trust Corp. v. IAC

Rule 69: partition ad majorem dei gloriam CIVIL PROCEDURE
RULE 69: co-owners are apprised of the claim of adverse and Judicial partition. If after the trial the court finds that the
exclusive ownership. Heirs of Restar v. Heirs of plaintiff has the right thereto, it shall order the partition of the
PARTITION Cichon real estate among all the parties in interest.
1. Partition
2. Complaint COMPLAINT Partition by agreement; recorded when approved by the
3. Order of partition court. Thereupon the parties may, if they are able to agree,
4. Commissioners Content of complaint for partition of real estate. A person make the partition among themselves by proper instruments of
5. Judgment having the right to compel the partition of real estate may do conveyance and the court shall confirm the partition so agreed
so as provided in this Rule, setting forth in his complaint upon by all the parties, and such partition, together with the
PARTITION 1. the nature and extent of his title and order of the court confirming the same, shall be recorded in
2. an adequate description of the real estate of which the registry of deeds of the place in which the property is
Partition necessary to effect physical division. A co-owner partition is demanded and
situated.
may file an action for recovery of possession against a co- 3. joining as defendants all other persons interested in
owner who takes exclusive possession of the entire co-owned the property. Section 1, Rule 69
Order of partition is appealable. A final order decreeing
property. However, the only effect of such action is a
Partition of personal property. The provisions of this Rule partition and accounting may be appealed by any party
recognition of the co-ownership. The courts cannot proceed
shall apply to partitions of estates composed of personal aggrieved thereby.
with the actual partitioning of the co-owned property. Thus,
judicial or extra-judicial partition is necessary to effect property, or of both real and personal property, in so far as the
same may be applicable. Section 13, Rule 69 • The mode of appeal is record on appeal. This is one
physical division. De Guia v CA of the instances when the rules allow multiple
appeals. A judgment declaring the existence of
Prior to partition, each co-owner only has a metaphysical Power of guardian in such proceedings. The guardian or
coownership is immediately appealable. Judgment
share. Before a property owned in common is actually guardian ad litem of a minor or person judicially declared to directing an accounting is appealable regardless of
partitioned, all that the co-owner has is an ideal or abstract be incompetent may, with the approval of the court first had, whether the accounting is the principal relief sought
quota or proportionate share in the entire property. A co- do and perform on behalf of his ward any act, matter, or thing or a mere incident, and becomes final and executory
owner has no right to demand a concrete, specific or respecting the partition of real estate, which the minor or within the reglementary period. Miranda v. CA
determinate part of the thing owned in common because until person judicially declared to be incompetent could do in
division is effected his right over the thing is represented only partition proceedings if he were of age or competent. Section Neither paramount rights nor amicable partition affected
by an ideal portion. Hermogena G. Engreso with Spouse 9, Rule 69 by this Rule. Nothing in this Rule contained shall be
Jose Engreso v. Nestoria De La Cruz and Herminio De La
construed so as to prejudice, defeat, or destroy the right or title
Cruz
ORDER OF PARTITION of any person claiming the real estate involved by title under
Action generally does not prescribe when co-ownership is
recognized. An action to demand partition of a co-owned any other person, or by title paramount to the title of the
property does not prescribe as long as there is a recognition of 2 modes of partition: parties among whom the partition may have been made; nor
the co-ownership, expressly or impliedly. Article 494, New 1. Judicial partition so as to restrict or prevent persons holding real estate jointly
Civil Code 2. Partition by agreement or in common from making an amicable partition thereof by
agreement and suitable instruments of conveyance without
• Exception; express repudiation. A co-owner may Section 2, Rule 69 recourse to an action. Section 12, Rule 69
acquire ownership thereof by prescription where there
exists a clear repudiation of the co-ownership and the COMMISSIONERS
to appear to the commissioners that the real estate, or a section, or even before the expiration of such period but after
When appointed portion thereof, cannot be divided without prejudice to the the interested parties have filed their objections to the report
Section 3, Rule 69 interests of the parties, the court may order it assigned to one or their statement of agreement therewith, the court may, upon
of the parties willing to, take the same, provided he pays to hearing,
Commissioners to make partition when parties fail to the other parties such amounts as the commissioners deem 1. accept the report and render judgment in accordance
agree. If the parties are unable to agree upon the partition, the equitable, unless one of the interested parties asks that the therewith; or,
court shall appoint not more than 3 competent and property be sold instead of being so assigned, in which case 2. for cause shown, recommit the same to the
disinterested persons as commissioners to make the partition, the court shall order the commissioners to sell the real estate commissioners for further report of facts; o
commanding them to set off to the plaintiff and to each party at public sale under such conditions and within such time as 3. set aside the report and appoint new commissioners;
in interest such part and proportion of the property as the court the court may determine. or
4. accept the report in part and reject it in part; and
shall direct.
5. may make such order and render such judgment as
Report of commissioners
shall effectuate a fair and just partition of the real
Oath and duty Section 6, Rule 69 estate, or of its value, if assigned or sold as above
Section 4, Rule 69 provided, between the several owners thereof.
Report of commissioners; proceedings not binding until
Oath. Before making such partition, the commissioners shall confirmed. The commissioners shall make a full and accurate JUDGMENT
take and subscribe an oath that they will faithfully perform report to the court of all their proceedings as to the partition,
their duties as commissioners, which oath shall be filed in or the assignment of real estate to one of the parties, or the Accounting for rent and profits in action for partition
court with the other proceedings in the case. sale of the same. Section 8, Rule 69
Duties of commissioners. In making the partition, the Serve; object within 10 days. Upon the filing of such report, In an action for partition in accordance with this Rule, a party
commissioners shall the clerk of court shall serve copies thereof on all the shall recover from another his just share of rents and profits
1. view and examine the real estate, after due notice to interested parties with notice that they are allowed 10 days received by such other party from the real estate in question,
the parties to attend at such view and examination, within which to file objections to the findings of the report, if and the judgment shall include an allowance for such rents
and they so desire. and profits.
2. hear the parties as to their preference in the portion of
the property to be set apart to them and the Proceedings binding only when approved by court. No Costs and expenses to be taxed and collected
comparative value thereof, and proceeding had before or conducted by the commissioners
3. set apart the same to the parties in lots or parcels as Section 10, Rule 69
shall pass the title to the property or bind the parties until the
will be most advantageous and equitable, having due
court shall have accepted the report of the commissioners and The court shall equitably tax and apportion between or among
regard to the improvements, situation and quality of
the different parts thereof. rendered judgment thereon. the parties the costs and expenses which accrue in the action,
including the compensation of the commissioners, having
Assignment or sale ACTION OF THE COURT regard to the interests of the parties, and execution may issue
Section 5, Rule 69 Section 7, Rule 69 therefor as in other cases.
Assignment or sale of real estate by commissioners when Action of the court upon commissioners’ report. Upon the The judgment and its effect
they cannot be divided without prejudice. When it is made expiration of the period of 10 days referred to in the preceding Section 11, Rule 69
Judgment must specify metes and bounds. If actual

partition of property is made, the judgment shall state
definitely, by metes and bounds and adequate description, the
particular portion of the real estate assigned to each party,
Effect of judgment. And the effect of the judgment shall be

to vest in each party to the action in severally the portion of
the real estate assigned to him.
If the whole property is assigned to one of the parties upon

his paying to the others the sum or sums ordered by the court,
the judgment shall state:
1. the fact of such payment and
2. of the assignment of the real estate to the party
making the payment,
and the effect of the judgment shall be to vest in the party
making the payment the whole of the real estate free from any
interest on the part of the other parties to the action.
If the property is sold and the sale confirmed by the court,

the judgment shall state:
1. the name of the purchaser or purchasers and
2. a definite description of the parcels of real estate sold
to each purchaser, and
the effect of the judgment shall be to vest the real estate in the
purchaser or purchasers making the payment or payments,
free from the claims of any of the parties to the action.
Copy of judgment recorded in RD. A certified copy of the

judgment shall in either case be recorded in the registry of
deeds of the place in which the real estate is situated, and the
expenses of such recording shall be taxed as part of the costs
of the action.

Rule 70: forcible entry and unlawful detainer ad majorem dei gloriam CIVIL PROCEDURE
RULE 70: 2. action is brought 2. prior demand is made
within 1 year (if non-payment is Who, when, where
FORCIBLE ENTRY AND ground) Section 1, Rule 70
3. action is brought Who. a person:
UNLAWFUL DETAINER within 1 year
1. Forcible entry v unlawful detainer 1. forcible entry. deprived of the possession of any land
First-level courts have jurisdiction; summary procedure or building by force, intimidation, threat, strategy, or
2. Nature
3. Procedure stealth, or
NATURE 2. unlawful detainer. a lessor, vendor, vendee, or other
4. Judgment
5. Execution of judgment person against whom. the possession of any land or
Summary procedure building is unlawfully withheld after the expiration or
Section 3, Rule 70 termination of the right to hold possession, by virtue
FORCIBLE ENTRY V UNLAWFUL DETAINER
of any contract, express or implied,
General rule: All actions for forcible entry and unlawful 3. or the legal representatives or assigns of any such
Forcible entry Unlawful detainer lessor, vendor, vendee, or other person,
A summary action to recover The action that must be detainer, irrespective of the amount of damages or unpaid
material or physical brought when possession by a rentals sought to be recovered, shall be governed by the
When. At any time within 1 year after such:
possession of real property landlord, vendor, vendee or summary procedure hereunder provided.
1. unlawful deprivation or
when a person originally in other person of any land or
2. withholding of possession,
possession was deprived building is being unlawfully Exception: Cases covered by the agricultural tenancy laws or
such person may bring an action
thereof by: withheld after the expiration when the law otherwise expressly provides.
1. force, or termination of the right to
2. intimidation hold possession, by virtue of Where. In the proper Municipal Trial Court against the
Possessory character
3. strategy, any contract, express or person or persons unlawfully withholding or depriving of
Section 18, Rule 70
4. threat, or implied. Paras, 2016 possession, or any person or persons claiming under them, for
stealth. Paras, 2016 title restitution of such possession, together with damages and
Judgment conclusive only on possession; not conclusive in
Prior possession required Prior possession not required costs.
actions involving title or ownership. The judgment rendered
The action must be brought The action must be brought
in an action for forcible entry or detainer shall be conclusive
within one year from the within one year from • Always within jurisdiction of the first-level courts.
dispossession. withholding of possession with respect to the possession only and shall in no wise bind
The actions of forcible entry and unlawful detainer
the title or affect the ownership of the land or building. are within the exclusive and original jurisdiction of
In case of strategy or stealth, Period is counted from the the MTC, MeTC and MCTC [Section 33(2), BP 129;
count the period of one year date of the last demand or last • Such judgment shall not bar an action between the RA 7691] and shall be governed by the rules on
from the time of discovery letter of demand in case of same parties respecting title to the land or building. summary procedure irrespective of the amount of
non-payment of rentals or damages or rental sought to be recovered and which
violation of the conditions of The only issue involved in ejectment proceedings is as to who are required to be brought within one year from the
the lease. Riano, 2019 is entitled to the physical or material possession of the date of actual entry, in case of forcible entry, and
Issue is physical possession premises, that is, possession de facto and not possession de from the date of last demand, in case of unlawful
Requisites: Requisites: jure. Regalado, 2008 detainer. Javier v. Veridiano
1. person is deprived of 1. possession is
possession by FISTS unlawfully withheld PROCEDURE Prior demand
Section 2, Rule 70 Demand may be made orally. Since the demand was not Section5, Rule 70
written, sufficient evidence must be adduced to show that
Lessor to proceed against lessee only after demand. Unless there was indeed a demand like testimonies from disinterested The court may, from an examination of the allegations in the
otherwise stipulated, such action by the lessor shall be and unbiased witnesses. Riano, 2019 complaint and such evidence as may be attached thereto,
commenced only after: 1. Dismiss the case outright on any of the grounds for
1. demand to pay or comply with the conditions of the Pleadings allowed the dismissal of a civil action which are apparent
lease and to vacate is made upon the lessee, or Section 4, Rule 70 therein.
2. by serving written notice of such demand upon the 2. If no ground for dismissal is found, it shall forthwith
person found on the premises, or The only pleadings allowed to be filed are the: issue summons.
3. by posting such notice on the premises if no person be 1. complaint,
found thereon, a 2. compulsory counterclaim and Answer
and the lessee fails to comply therewith after 15 days in the 3. cross-claim pleaded in the answer, and Section 6, Rule 70
case of land or 5 days in the case of buildings. 4. the answers thereto.
Answer within 10 days from summons. Within 10 days
Demand makes possession unlawful. The requirement for a All pleadings shall be verified. from service of summons, the defendant shall file his answer
demand implies that the mere failure of the occupant to pay to the complaint and serve a copy thereof on the plaintiff.
rentals or his failure to comply with the conditions of the lease Prohibited pleadings and motions
does not ipso facto render his possession of the premises Section 13, Rule 70 General Rule: Affirmative and negative defenses not
unlawful. It is the demand to vacate the premises and the The following petitions, motions, or pleadings shall not be pleaded therein shall be deemed waived.
refusal to do so which make unlawful the withholding of the allowed:
possession and gives rise to an action for unlawful detainer. 1. Motion to dismiss the complaint except on the ground Exception: lack of jurisdiction over the subject
Riano, 2019 of lack of jurisdiction over the subject matter, or matter.
failure to comply with section 12 [conciliation];
What constitutes a demand in unlawful detainer 2. Motion for a bill of particulars; Cross-claims and compulsory counterclaims not asserted in
1. To pay and to vacate. If the suit is based on 3. Motion for new trial, or for reconsideration of a the answer shall be considered barred.
defendant’s failure to pay the rentals agreed upon; or judgment, or for reopening of trial; • The answer to counterclaims or cross-claims shall be
2. To comply and to vacate. If suit is predicated upon 4. Petition for relief from judgment; served and filed within 10 days from service of the
the defendant’s non-compliance with the conditions 5. Motion for extension of time to file pleadings, answer in which they are pleaded.
of the lease contract. Riano, 2019 affidavits or any other paper;
6. Memoranda;
Effect of failure to answer; judgment on the complaint.
And, not or. The notice giving the lessee the alternative 7. Petition for certiorari, mandamus, or prohibition
Should the defendant fail to answer the complaint within the
either to pay the increased rental or otherwise vacate the land against any interlocutory order issued by the court;
8. Motion to declare the defendant in default; period above provided, the court:
is not the demand contemplated by the Rules of Court in 1. motu proprio or
9. Dilatory motions for postponement;
unlawful detainer cases. When after such notice, the lessee 2. on motion of the plaintiff,
10. Reply;
elects to stay, he thereby merely assumes the new rental and shall render judgment as may be warranted by the facts
11. Third-party complaints;
cannot be ejected until he defaults in said obligation and 12. Interventions. alleged in the complaint and limited to what is prayed for
necessary demand is first made. Peñas, Jr. v.Court of Appeals therein.
Action on complaint
Section 7, Rule 70 No postponement of the preliminary conference shall be Judgment. Within 30 days after:
Reduction of damages. The court may in its discretion granted except for highly meritorious grounds and without 1. receipt of the affidavits and position papers, or
reduce the amount of damages and attorney’s fees claimed for prejudice to such sanctions as the court in the exercise of 2. the expiration of the period for filing the same,
being excessive or otherwise unconscionable, without sound discretion may impose on the movant. the court shall render judgment.
prejudice to the applicability of section 3 (c), Rule 9 if there
are two or more defendants. Section 9, Rule 70 Clarifications; submission of affidavits and evidence
Record of preliminary conference. Within 5 days after the within 10 days. However, should the court find it necessary
Preliminary conference termination of the preliminary conference, the court shall to clarify certain material facts, it may, during the said period,
issue an order stating the matters taken up therein, including issue an order specifying the matters to be clarified, and
Section 8, Rule 70 but not limited to; require the parties to submit affidavits or other evidence on
Appearance of parties; 30 days from last answer. Not later 1. Whether the parties have arrived at an amicable the said matters within 10 days from receipt of said order.
than 30 days after the last answer is filed, a preliminary settlement, and if so, the terms thereof;
conference shall be held. The provisions of Rule 18 on pre- 2. The stipulations or admissions entered into by the • Affidavits. The affidavits required to be submitted
trial shall be applicable to the preliminary conference unless parties; under this Rule shall state only facts of direct personal
inconsistent with the provisions of this 3. Whether, on the basis of the pleadings and the knowledge of the affiants which are admissible; in
stipulations and admissions made by the parties, evidence, and shall show their competence to testify
judgment may be rendered without the need of further to the matters stated therein.
Failure of plaintiff to attend = ground for dismissal. The
proceedings, in which event the judgment shall be • A violation of this requirement may subject the party
failure of the plaintiff to appear in the preliminary conference rendered within thirty (30) days from issuance of the or the counsel who submits the same to disciplinary
shall be cause for the dismissal of his complaint. order; action, and shall be cause to expunge the inadmissible
4. A clear specification of material facts which remain affidavit or portion thereof from the record. Section
Plaintiff absent, defendant present = judgment on controverted; and 14, Rule 70
counterclaim. The defendant who appears in the absence of 5. Such other matters intended to expedite the
the plaintiff shall be entitled to judgment on his counterclaim disposition of the case. Judgment. Judgment shall be rendered within 15 days after
in accordance with the next preceding section. All cross- the receipt of the last affidavit or the expiration of the period
claims shall be dismissed. Submission of affidavits and position papers for filing the same.
Section 10, Rule 70
Plaintiff present, defendant absent = judgment on the Within 10 days from receipt of the order mentioned in the The court shall not resort to the foregoing procedure just to
complaint. If a sole defendant shall fail to appear, the plaintiff next preceding section, the parties shall submit the affidavits gain time for the rendition of the judgment.
shall likewise be entitled to judgment in accordance with the of their witnesses and other evidence on the factual issues
next preceding section. defined in the order, together with their position papers setting Referral for conciliation
forth the law and the facts relied upon by them. Section 12, Rule 70
• This procedure shall not apply where one of two or Cases requiring referral for conciliation, where there is no
more defendants sued under a common cause of JUDGMENT showing of compliance with such requirement, shall be
action who had pleaded a common defense shall dismissed without prejudice, and may be revived only after
appear at the preliminary conference. Period for rendition of judgment that requirement shall have been complied with.
Section 11, Rule 70
Preliminary injunction
Section 15, Rule 70 Judgment in favor of defendant. If it finds that said lower court on or before the tenth day of each
allegations are not true, it shall render judgment for the succeeding month or period.
When granted. The court may grant preliminary injunction, defendant to recover his costs. If a counterclaim is established,
in accordance with the provisions of Rule 58 hereof, to the court shall render judgment for the sum found in arrears Supersedeas bond. The supersedeas bond shall be
prevent the defendant from committing further acts of from either party and award costs as justice requires. transmitted by the Municipal Trial Court, with the other
dispossession against the plaintiff. papers, to the clerk of the Regional Trial Court to which the
The judgment or final order shall be appealable to the action is appealed.
A possessor deprived of his possession through forcible entry appropriate Regional Trial Court which shall decide the same
or unlawful detainer may, within 5 days from the filing of the on the basis of the entire record of the proceedings had in the Amounts paid to appellate court shall be kept by it until
complaint, present a motion in the action for forcible entry or court of origin and such memoranda and/or briefs as may be final determination of the case. All amounts so paid to the
unlawful detainer for the issuance of a writ of preliminary submitted by the parties or required by the Regional Trial appellate court shall be deposited with said court or authorized
mandatory injunction to restore him in his possession. The Court. Section 18, Rule 70 government depositary bank, and shall be held there until the
court shall decide the motion within 30 days from the filing final disposition of the appeal, unless the court, by agreement
thereof. EXECUTION OF JUDGMENT of the interested parties, or in the absence of reasonable
Section 19, Rule 70 grounds of opposition to a motion to withdraw, or for
Resolving defense of ownership justifiable reasons, shall decree otherwise.
Section 16, Rule 70 Against defendant; immediately executory. If judgment is
rendered against the defendant, execution shall issue Failure to make payments during appeal; execution of
When the defendant raises the defense of ownership in his immediately upon motion: judgment. Should the defendant fail to make the payments
pleadings and the question of possession cannot be resolved above prescribed from time to time during the pendency of the
without deciding the issue of ownership, the issue of How to stay judgment. appeal, the appellate court, upon motion of the plaintiff, and
ownership shall be resolved only to determine the issue of 1. Appeal. When an appeal has been perfected and upon proof of such failure, shall order the execution of the
possession. 2. Bond. The defendant to stay execution files a judgment appealed from with respect to the restoration of
sufficient supersedeas bond, approved by the possession, but such execution shall not be a bar to the
Judgment Municipal Trial Court and executed in favor of the appeal taking its course until the final disposition thereof on
Section 17, Rule 70 plaintiff to pay the rents, damages, and costs accruing the merits.
down to the time of the judgment appealed from, and
3. Deposit rent due. During the pendency of the appeal, After the case is decided by the Regional Trial Court, any
Judgment in favor of plaintiff. If after trial the court finds
he deposits with the appellate court the amount of rent money paid to the court by the defendant for purposes of the
that the allegations of the complaint are true, it shall render due from time to time under the contract, if any, as
judgment in favor of the plaintiff for stay of execution shall be disposed of in accordance with the
determined by the judgment of the Municipal Trial
1. The restitution of the premises, provisions of the judgment of the Regional Trial Court.
Court.
2. the sum justly due as arrears of rent or as reasonable • In the absence of a contract, he shall deposit
compensation for the use and occupation of the with the Regional Trial Court the reasonable RTC rules in favor of defendant; damages. In any case
premises, value of the use and occupation of the wherein it appears that the defendant has been deprived of the
3. attorney’s fees and premises for the preceding month or period at lawful possession of land or building pending the appeal by
4. costs. the rate determined by the judgment of the virtue of the execution of the judgment of the Municipal Trial
Court, damages for such deprivation of possession and

restoration of possession may be allowed the defendant in the
judgment of the Regional Trial Court disposing of the appeal.
Preliminary mandatory injunction in case of appeal. Upon

motion of the plaintiff, within 10 days from the perfection of
the appeal to the Regional Trial Court, the latter may issue a
writ of preliminary mandatory injunction to restore the
plaintiff in possession if the court is satisfied that:
1. the defendant’s appeal is frivolous or dilatory, or
2. the appeal of the plaintiff is prima facie meritorious.
Section 20, Rule 70
Immediate execution on appeal to Court of Appeals or

Supreme Court
Section 21, Rule 70
The judgment of the Regional Trial Court against the

defendant shall be immediately executory, without prejudice
to a further appeal that may be taken therefrom.

Rule 71: contempt ad majorem dei gloriam CIVIL PROCEDURE
RULE 71: Direct contempt punished summarily. A person guilty of
misbehavior in the presence of or so near a court as to obstruct Grounds
CONTEMPT or interrupt the proceedings before the same, including Section 3, Rule 71
1. disrespect toward the court, Indirect contempt to be punished after charge and
DIRECT CONTEMPT V INDIRECT CONTEMPT 2. offensive personalities toward others, or hearing. After:
3. refusal to be sworn or to answer as a witness, or to 1. a charge in writing has been filed, and
Contempt. It is disobedience to the court by acting in subscribe an affidavit or deposition when lawfully 2. an opportunity given to the respondent to comment
opposition to its authority, justice and dignity. It signifies not required to do so, thereon within such period as may be fixed by the
only willful disregard or disobedience of court’s orders, but may be summarily adjudged in contempt by such court. court and
such conduct as tends to bring the authority of court and 3. to be heard by himself or counsel,
administration of law into disrepute or in some manner to Punishment a person guilty of any of the following acts may be punished
impede the due administration of justice. Regalado v. Go for indirect contempt:
If misbehavior be in a Regional Trial Court or a court of a. Misbehavior of an officer of a court in the
The power to punish for contempt is inherent in all courts; equivalent or higher rank, punished by: performance of his official duties or in his official
1. a fine not exceeding two thousand pesos or transactions;
its existence is essential to the preservation of order in judicial
2. imprisonment not exceeding 10 days, or b. Disobedience of or resistance to a lawful writ,
proceedings and to the enforcement of judgments, orders and
3. both, process, order, or judgment of a court, including the
mandates of the courts, and, consequently, to the due act of a person who, after being dispossessed or
If misbehavior be in a lower court by:
administration of justice. It is settled that the power is to be ejected from any real property by the judgment or
1. a fine not exceeding two hundred pesos or
exercised with the end in view of utilizing the same for process of any court of competent jurisdiction, enters
2. imprisonment not exceeding 1 day, or
correction and preservation of the dignity of the court, and not 3. both. or attempts or induces another to enter into or upon
for retaliation or vindictiveness. It is to be exercised on the such real property, for the purpose of executing acts
preservative, not vindictive principle, and on the corrective Remedy of ownership or possession, or in any manner disturbs
and not retaliatory idea of punishment. Laurel v. Francisco Section 2, Rule 71 the possession given to the person adjudged to be
entitled thereto;
Direct contempt Indirect contempt c. Any abuse of or any unlawful interference with the
Remedy; no appeal. The person adjudged in direct contempt
Committed in the presence of Not committed in the processes or proceedings of a court not constituting
by any court may not appeal therefrom, but may avail himself direct contempt under section 1 of this Rule;
court presence of court of the remedies of certiorari or prohibition.
Summary in nature Charging + hearing d. Any improper conduct tending, directly or indirectly,
No appeal; just certiorari and Appeal by notice of appeal to impede, obstruct, or degrade the administration of
When certiorari or prohibiton stays execution. The justice;
prohibition
execution of the judgment shall be suspended pending e. Assuming to be an attorney or an officer of a court,
Court summarily adjudges Proceedings initiated by the
resolution of such petition, provided such person: and acting as such without authority;
the party guilty of direct court motu proprio or upon
contempt verified petition • files a bond fixed by the court which rendered the f. Failure to obey a subpoena duly served;
judgment and conditioned that he will abide by and g. The rescue, or attempted rescue, of a person or
perform the judgment should the petition be decided property in the custody of an officer by virtue of an
DIRECT CONTEMPT order or process of a court held by him.
against him.
Section 1, Rule 71
INDIRECT CONTEMPT

But nothing in this section shall be so construed as to prevent to appeal to the Regional Trial Court of such place in the same enforcement of a judgment imposing a fine unless the court
the court: manner as provided in section 2 of this Rule. Section 5, Rule otherwise provides.
1. from issuing process to bring the respondent into 71
court, or Imprisonment until order obeyed. When the contempt
2. from holding him in custody Hearing; release on bail. If the hearing is not ordered to be consists in the refusal or omission to do an act which is yet in
pending such proceedings. had forthwith, the respondent may be released from custody the power of the respondent to perform, he may be imprisoned
upon filing a bond, in an amount fixed by the court, for his by order of the court concerned until he performs it. Section 8,
How proceedings commenced appearance at the hearing of the charge. On the day set Rule 71
Section 4, Rule 71 therefor, the court shall proceed to investigate the charge and
consider such comment, testimony or defense as the Proceeding when party released on bail fails to answer.
How commenced. Proceedings for indirect contempt may be respondent may make or offer. Section 6, Rule 71 When a respondent released on bail fails to appear on the day
initiated: fixed for the hearing, the court may issue another order of
1. motu proprio by the court against which the contempt Punishment for indirect contempt arrest or may order the bond for his appearance to be forfeited
was committed by an order or any other formal charge Section 7, Rule 71 and confiscated, or both; and, if the bond be proceeded
requiring the respondent to show cause why he should against, the measure of damages shall be the extent of the loss
not be punished for contempt.
RTC or higher. If the respondent is adjudged guilty of or injury sustained by the aggrieved party by reason of the
2. In all other cases, charges for indirect contempt shall
indirect contempt committed against a Regional Trial Court or misconduct for which the contempt charge was prosecuted,
be commenced by a verified petition with supporting
particulars and certified true copies of documents or a court of equivalent or higher rank, he may be punished by: with the costs of the proceedings, and such recovery shall be
papers involved therein, and upon full compliance 1. a fine not exceeding 30, 000 or for the benefit of the party injured. If there is no aggrieved
with the requirements for filing initiatory pleadings 2. imprisonment not exceeding 6 months, or party, the bond shall be liable and disposed of as in criminal
for civil actions in the court concerned. 3. both. cases. Section 9, Rule 71
• If the contempt charges arose out of or are related to a Lower court. If he is adjudged guilty of contempt committed Court may release respondent. The court which issued the
principal action pending in the court, the petition for against a lower court, he may be punished by: order imprisoning a person for contempt may discharge him
contempt shall allege that fact but said petition shall 1. a fine not exceeding 5, 000 or from imprisonment when it appears that public interest will
be docketed, heard and decided separately, unless the 2. imprisonment not exceeding 1 month, or not be prejudiced by his release. Section 10, Rule 71
court in its discretion orders the consolidation of the 3. both.
contempt charge and the principal action for joint Appeal
hearing and decision. TRO for violation of writ of injunction. If the contempt
Section 11, Rule 71
consists in the violation of a writ of injunction, temporary
Where charge to be filed. Where the charge for indirect restraining order or status quo order, he may also be ordered
Review of judgment or final order; bond for stay. The
contempt has been committed against a Regional Trial Court to make complete restitution to the party injured by such
judgment or final order of a court in a case of indirect
or a court of equivalent or higher rank, or against an officer violation of the property involved or such amount as may be
contempt may be, appealed to the proper court as in criminal
appointed by it, the charge may be filed with such court. alleged and proved.
cases. But execution of the judgment or final order shall not
Where such contempt has been committed against a lower
be suspended until a bond is filed by the person adjudged in
court, the charge may be filed with the Regional Trial Court Writ of execution for enforcement of fine. The writ of
contempt, in an amount fixed by the court from which the
of the place in which the lower court is sitting; but the execution, as in ordinary civil actions, shall issue for the
appeal is taken, conditioned that if the appeal be decided
proceedings may also be instituted in such lower court subject
against him he will abide by and perform the judgment or
final order.
CONTEMPT AGAISNT QUASI-JUDICIAL ENTITIES

Section 12, Rule 71
Contempt against quasi-judicial entities. Unless otherwise

provided by law, this Rule shall apply to contempt committed
against persons, entities, bodies or agencies exercising quasi-
judicial functions, or shall have suppletory effect to such rules
as they may have adopted pursuant to authority granted to
them by law to punish for contempt.
• RTC has jurisdiction. The Regional Trial Court of
the place wherein the contempt has been committed
shall have jurisdiction over such charges as may be
filed therefore.

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Civil Procedure - Jo Valles

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Ateneo de Manila University

Reviewer in Law school is tough enough as it is. Let’s lift each

3 Last revision: 08 June 2020 JO VALLES. JULIA REAL

Only the SC is a Diocese of Bacolod v Commission on Elections

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How acquired. Jurisdiction over the res may be acquired by

Extent of relief when jurisdiction is only over the res. Any

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Regional Trial Courts

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1. Probate proceedings 1. Action for specific performance 1. Action for partition;

Misjoinder of causes of action is not jurisdictional.

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The OSG shall represent the Government in the SC and

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Prohibited pleadings, motions and petitions in small

1. GR: Motion to dismiss the complaint (2016 Bar)

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• Exception; environmental cases. If the defendant Cavili v Florendo

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Stay of period to file responsive pleading. After service of

2. Tolling of period. When a motion for bill of

Bill a part of pleading. A bill of particulars becomes part of

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Proof of Service. Proof of personal service shall consist of

Court-issued Orders and Other Documents. The court may

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General rule. The dismissal of a motion shall be without

Exception; Dismissal with Prejudice. Subject to the right of

Counterclaim is a distinct cause of action. Whatever the

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Judicial Dispute Resolution. Only if the judge of the

If judicial dispute resolution fails, trial before the

All proceedings during the court-annexed mediation and

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Preference. Preference shall be given to

Assignment of Cases. The assignment of cases to the

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General Rule: A party not served with written interrogatories