1. General Principles ..........................................................................................

3
1. Remedial Law .............................................................................................3
1. Substantive v Remedial .........................................................................3
2. Concept ..................................................................................................3
3. Applicability ............................................................................................3
1. Pending Case .....................................................................................3
1. When inapplicable .........................................................................4
2. Inapplicable actions ..........................................................................4
1. Sec. 4, Rule 1 ....................................................................................4
3. Administrative proceedings ..............................................................4
4. Nature ......................................................................................................5
2. Supreme Court ...........................................................................................5
1. Rule making power ................................................................................5
1. Limitations ............................................................................................5
2. Amend .................................................................................................6
3. Suspend ................................................................................................6
4. Liberal Construction ...........................................................................7
1. Purpose .............................................................................................7
2. Meaning ...........................................................................................7
3. Scope ...............................................................................................7
2. Orindary Civil Actions ....................................................................................8
1. Cause of Action .........................................................................................8
1. Complaints ..............................................................................................8
1. Definition ..............................................................................................8
1. Rule 6, Sec. 3 ....................................................................................8
2. Requirements ......................................................................................8
1. Verification .......................................................................................8
1. Unsigned pleadings ....................................................................9
2. Certificate against non-forum shopping ....................................9
1. Corporations ..............................................................................10
1. Failure ......................................................................................10
2. Nature .........................................................................................11
1. Joint Complaints ....................................................................11
3. Forum Shopping ........................................................................11
3. MCLE Compliance .......................................................................12
3. Filing ....................................................................................................12
1. Manner ...........................................................................................12
1. Personal ......................................................................................12
2. Mail ..............................................................................................13
2. Fees .................................................................................................13
1. Docket Fees ...............................................................................13
2. Jurisdiction .................................................................................................14
1. Person .....................................................................................................14
2. Subject Matter ......................................................................................15
1

3. Res ..........................................................................................................15
4. Summons; Rule 14 .................................................................................15
1. Alias Summons; Sec 5 .......................................................................16
2. Service; Sec. 2 ...................................................................................16
1. Types ...............................................................................................16
1. Personal service .........................................................................16
1. Rule 14 Sec 6 ..........................................................................16
2. Substituted service ....................................................................17
1. Rule 14, Sec 7 .........................................................................17
2. Rule 14, Sec 7; Validity ..........................................................17
3. Extra-territorial service ..............................................................18
2. Special Subjects of service ..........................................................18
1. Private Juridical Entities; Rule 14, Sec 11-12 ..........................18
1. Domestic .................................................................................18
2. Foreign ....................................................................................18
2. Public corporations ...................................................................19
3. Entities without juridical personalities; Sec 8 .........................19
4. Prisoners; Sec 9 ..........................................................................20
2. Appendix ...........................................................................................................21
Floating Text .......................................................................................................21
1. .....................................................................................................................21

1. Remedial Law Review

1. General Principles
1. Remedial Law
1. Substantive v Remedial
Substantive law creates, defines, and regulates rights and
duties concerning life, liverty or property (Primicias v.
Ocampo, 93 Phil. 446, 452) the violation of which gives rise to
a cause of action (Bustos v. Lucero, 81 Phil. 640, 650)
Remedial law prescribes the methods of enforcing those rights
and obligations created by substantive law (Bustos v. Lucero,
81 Phil. 640, 653 -654) by providing a procedural system for
obtaining redress for the invasion of rights and violations of
duties and by laying out rules as to how suits are filed, tried
and decided upon by the courts.

2. Concept
Remedial law is that branch of law which prescribes the method of
enforcing rights or obtaining redress for their invasion. (Bustos v Lucero,
81 Phil 640)

3. Applicability
1. Pending Case
1. Rules of procedure may be made applicable to
actions pending and undetermined at the time of
their passage, and are deemed retroactive in that
3

sense and to that extent. As a general rule, the

retroactive application of procedural laws cannot
be considered violative of any personal rights
because no vested right may attach nor arise
therefrom (In the Matter to Declare in Contempt of
Court Hon. Simeon Datumanong, 497 SCRA 626, 636
-37)

1. When inapplicable
1. where the statute itself or by necessary
implication provides that pending actions are
excepted from its operation;
2. if appliying the rule to pending proceedings
would impair vested rights;
3. when to do so would not be feasible or would
work injustice; or
4. if doing so would involve intricate problems of
due process or impair the independence of the
courts (Tan v. Court of Appeals, 373 SCRA 524,
537)

2. Inapplicable actions
1. Type your branch note here...

1. Sec. 4, Rule 1
1.
2.
3.
4.
5.

Election cases;
Land registration cases;
Cadastral cases;
Naturalization cases; and
Insolvency proceedings

But the Rules may apply to the aboce cases by

analogy or in a suppletory character and whenever
practicable and convenient.

3. Administrative proceedings

Rules of evidence are not strictly applied in proceedings before administrative

bodies. (Atienza v. Board of Medicine 642 SCRA 523, 529 (2001))

4. Nature
The Rules of Court as a whole refer to the body of rules
governing pleading, practice and procedure promulgated
by the Supreme Court pursuant to its rule-making powers
under the constitution.
Because they do no originate from legislature, they cannot
be called laws in the strict sense of the word. However,
because they are promulgated by authority of law, they ahve
the force and effect of law (Alvero v. De la Rosa, 76 Phil. 428,
434)

2. Supreme Court
1. Rule making power
The Supreme Court promulgated the Rules of Court in
accordance with the mandate provided for in the
Constitution which provides:
The Supreme Court shall have the following powers:
xxx

xxx

5. Promulgate rules concerning the protection and

enforcement of constitutional rights, pleadings, practice and
procedure in all courts, the admission to the practice of law,
the Integrated Bar, and the legal assistance to the
underprivileged. (Section5 (5), Article VIII, 1987 Constitution)

1. Limitations
1. the rules shall be uniform for all courts to the same
grade;
2. the rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases;
3. they shall not diminish, increase, or modify
substantive rights. (Sect 5(5), Art VIII, 1987

Constuitution)

2. Amend
1. The Supreme Court has the power to amend repeal
or even establish new rules for a more simplified and
inexpensive process, and teh speedy disposition of
cases (Neypes v. CA, 469 SCRA 633, 643 -644).

3. Suspend
1. The courts have the power to relax or suspend
technical or procedural rules or to except a case
from their operation when compelling reasons so
warrant or when the purpose of justice requires it.
What constitutes good and sufficient cause that
would merit suspension of the rules is discretionary
upon the courts (CIR v Mirant Pagbilaro
Corporation, 504 SCRA 484, 496)
2. The Court views rules of procedure as mere tools
designed to facilitate the attainment of justice. The
power to suspend or even disregard rules can be so
pervasive and compelling as to alter even that
which the Court itself had already declared to be
final (Apo fruits Corporation v Land Bank of the
Philippines, 632 SCRA 727, 762 -763)
3. Reasons which could warrant the suspension of the
Rules:
1. the existence of special or compelling
circumstances
2. the merits of the case
3. a cause not entirely attributable to the fault or
negligence of the party favored by the
suspension of rules
4. a lack of any showing that the review sought
is merely frivolous and dilatory; and
5. the other party will not be unjustly prejudiced
thereby (Sarmiento v. Zaratan 514 SCRA 246,
260 citing Sanchez v CA 404 SCRA 540)
4. Other reasons which could warrant suspension:

1. To relieve a litigant of an injustice

commensurate with his failure to comply with
the prescribed procedure and the mere
invocation of substantial justice is not a
magical incantation that will automatically
compel the Court to suspend procedural
rules. (Cu-Unjieng v. CA, 479 SCRA 594)
2. Where substantial and important issues await
resolution. (Pagbilao, supra) When
transcendental matters of life, liberty or state
security are involved. (Mindanao Savings
Loan Asso. V. Vicenta Vda. De Flores, 469
SCRA 416).

4. Liberal Construction
1. Compliance with the procedural rules is the general
rule, and abandonment thereof should only be
done in the most exceptional circumstances

1. Purpose
The rule of liberal construction seeks to achieve a disposition of every action
and proceeding in a manner that is a) just, b) speedy, and c) inexpensive.

2. Meaning
1. The rule means that rigid application of the Rules
may be relaxed so that the ends of justice may
be better served (Cruz v CA 476 SCRA 581, 586)
and that technicality or procedural imperfection
should not serve as basis of decisions (Polanco v
Cruz, 579 SCRA 489, 498)

3. Scope
1. A liber interpretation can be resorted to only in
proper cases and under justifiable causes and
circumstances (CIR v Migrant Pagbilao
Corporation 504 SCRA 484, 496)
7

2. A relaxation in the application of rules was never

intended to forge a bastion for erring litigiants to
violate the rules with impunity (Republic v Kenrick
Development Corp. 498 SCRA 220, 231)

2. Orindary Civil Actions

1. Cause of Action
Cause of action is the basis on which the ordinary civil action be
filed.
It is the act or omission by which a party violates a right of
another (Phil. Bank of Communication v Calderon, et al., GR
158138 (2005))

1. Complaints
1. Definition
1. Rule 6, Sec. 3
Initiatory pleading alleging a plaintiff's cause(s) of action wherein
the names and residences of the plaintiff and defendant must be
stated

2. Requirements
1. Verification

A pleading is verified by an affidavit that the

affiant has read the pleading and that the
allegations therein are true and correct of his
personal knowledge or based on authentic
records.
Is the verification by a lawyer sufficient? Yes. A
party's representative who knows the truth of the
facts alleged in the pleading may sign the
8

verification. It is substantial compliance. (Uy v.

Workmen's Compensation Commission, 97 SCRA
255)

1. Unsigned pleadings

A pleading that is required to be verified but

contains a verification based only on
"information and belief," or upon "knowledge,
information and belief," is not properly
verified and shall be treated as an unsigned
pleading. (See Rules of Court, Rule 7, Sec 4,
as amended by AM No. 002 -10 -SC).
o The pleading produces no legal effect
o In NOPA v. Hon. Presiding Judge of
RTC-Negros Occidental, Branch 52, 575
SCRA 575: The courts may allow the
deficiency to be remedied, however,
petitioner must show reasonable cause
justifying non-compliance of the rule,
and must convince the courts that the
outright dismissal of the petition
woulddefeat the administration of
justice.
This must be raised at the earliest
time. It cannot be raised on
appeal (Vicar International
Construction Inc. v. FEB Leasing
and Finance, 456 SCRA 588)
o
o

2. Certificate against non-forum shopping

Always required when filing an initiatory

pleading!
The plaintiff or principal party must certify the
complaint under oath or in a sworn certification
annexed thereto and simultaneously filed
therewith that:

1. plaintiff has not commenced any action or filed

any claim involving the same issues in any court,
tribunal or quasi judicial agency and, to the best
of his knowledge, no such other action or claim
is pending therein;
2. if there is such other pending action, a complete
statement of the present status thereof; and
3. if plaintif should thereafter learn that the same or
similar action or claim has been filed or is
pending, he shall report that fact within five (5)
days therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed.
(Rules of Court, Rule 7, Sec 5)

1. Corporations

Who may sign the certificate? Only

individuals vested with authority by a valid
board resolution, and that the proof of said
authority must be attached.
Generally, A board resolution must authorize
the officer executing the non-forum
certification on behalf of the corporation.
o Who can sign without a board
resolution?
Chairperson of the Board of
Directors
President of corporation
General Manager of Acting
General Manager
Personnel Officer
Employment Specialist in a labor
case(Cagayan Valley Drug
Corporation v. CIR, 545 SCRA 10)

1. Failure

Failure to provide a certificate of nonforum shopping is sufficient ground to

dismiss the petition.
Subsequent submission by the Corporate

10

Secretary's certificate is substantial

compliance with the requirement that a
Board Resolution must authorize the
officer executing the non-forum
certification on behalf of the corporation.

2. Nature

It is not jurisdiction, however, it is

MANDATORY.
Only initiatory pleadings require the
certificate
Should be signed by the plaintiff and not the
counsel.

1. Joint Complaints

The failure of one of the petitioners to sign

the certificate against forum shopping
constitutes a defect in the petition, which
is a ground for dismissing the same.
When can this rule be relaxed? When
plaintiffs show

1. justifiable cause or plausible reason for

non compliance; and
2. compelling reason to convince the court
that outright dismissal of the petition
would seriously impari the orderly
administration of justice (Tible & Tible
Company, Inc., et al. v. Royal Savings
and Loan Associations and Quiling, 550
SCRA 562)

3. Forum Shopping

There is forum shopping when, as a result of

an adverse opinion in one forum, a party
seeks a favorable opinion (other than by
appeal or certoriari) in other fora; or

11

when he repetitively avails himself of several

judicial remedies in courts, simultaneously or
successively, all substantially founded on the
same issue or transactions involving the same
essential facts and circumstances, and all
raising substantially the same issues either
pending in or resolved adversly by some
other court.

Short version:

Forum shopping exists where the elements of

litis pendentia are present or where a final
judgment in one case will amount to res
judicata in the other.

Question: Where judgment has already become

final and executory, which should be pleaded as a
defense, res judicata or forum shopping?
Res judicata. Forum shopping applies only when
two or more cases are still pending.

3. MCLE Compliance

3. Filing
1. Manner
The complaint may be filed by presenting the original
copy, personally to the clerk of court or by registered
mail to the clerk of court.

1. Personal

Date and hour of filing. In personal filing, the date and the hour of receipt
by the clerk of court as indicated on the face of the complaint is the date
and hour of filing

12

2. Mail
Date and hour of filing. The date of posting
appearing on the envelope shall be considered the
date of filing.
Filing by mail other than through registry service of
the government postal agency is not authorized! If
done so, the date of filing will be the date of
receipt by the clerk of court.

2. Fees
1. Docket Fees
JURISDICTIONAL!
Ballatan v. CA 304 SCRA 34, summarizes the rule on
payment of docket fees:
1. When an action is filed in court, the
complaint must be accompanied by the
payment of the requisite docket and filing
fees.
1. If the plaintiff should pay the wrong
amount without intent to defraud:
Where the party does not deliverately
intend to defraud the court in payment
of docket fees, and manifests its
willingness to abide by the rules by
paying additional docket fees when
required by the court, the liberal
doctrine in Sun Insurance v Asuncion
170 SCRA 274 ( and not the strict
regulations set in Manchester 149 SCRA
562 will apply.
2. Amount of fee. Real Actions. Docket and
filing fees are based on the value of the
property and the amount of damages
cliamed, if any which must be specified in
the body and prayer of the complaint.

13

1. Courts must use the fair market value

of the real properties;
2. in the absence of FMV, the stated
value of the real property.
3. if the complaint is filed but the fees are not
paid at the time of filing: the court acquires
full jurisdiction upon full payment of the fees
within a reasonable time as the court may
grant, barring prescription
4. where fees prescribed for the real action
have been paid but the fees of certain
related damages are not: the court has
jurisdiction over the real action, but it may
not have acquired jurisdiction over the
accompanying claim for damages (Original
Development and Construction Corp. v CA,
202 SCRA 753
1. thus, the court may:
1. expunge those claims for
damages, or
2. allow, on motion, a reasonable
time for amendment of
complaint so as to allege the
correct amount of damages
and accept payment of the
legal fees (Ibid)
5. If there are unspecified claims, the
determination of which may arise after the
filing of the complaint or similar pleading: the
additional filing fee thereon shall constitute a
lien on the judgment award.(Ibid)

2. Jurisdiction
1. Person
Plaintiff: Court acquires jurisdiction over the plaintiff by the
voluntary submission to said jurisdiction with the filing of the
complaint
Defendant: The court acquires jurisdiction over the defendant
14

by his voluntary submission to said jurisdiciton, for instance, by

the filing of his Answer to the Complaint without reservation or
the service of summons and a copy of the complaint upon
him.

2. Subject Matter
3. Res
4. Summons; Rule 14
Summons, in civil procedure, is a writ by which the defendant
is notified of the action brought against him (Dultra v CFI GR
L-27682)
At what stage of the action the summons is issued?
Upon the filing of the complaint and the payment of the
requisite legal fees.
What is the primary purpose of the issuance of summons?
There is a two-fold purpose:
1. in order for the court to acquire jurisdiction over the
person of the defendant;
2. to comply with the requirement of due process in that
the directive to the defendant to answer the complain
is in itself giving the defendant his right to be heard and
present his side.
What is the effect of defendnat's actual knowledge of the
case against him, will that amount to jurisdiction over his
person acquired by the court by virtue of such knowledge?
No, unless he voluntarily submits to the jurisdiction of the court
(Habana v Vamenta GR L-27091)
What may constitute voluntary appearance that may take
place of summons?
The filing of a motion for reconsideration (Soriano v Palacio
GR L-17469) or the act of signing a compromise agreement
15

guaranteeing the payment of the obligation of the

impleaded defendants and which compromise was made
the basis of the judgment (Rodriguez v Alikpala GR L 38314)

1. Alias Summons; Sec 5

2. Service; Sec. 2
To whom shall summons be directed and who is the one
authorized to sign it?
To the defendant and signed by the clerk of court under
the seal of the court
Contents: What are those matters stated in the summons?
1. The name of the court and the names of the parties
to the action
2. a direction that the defemndant answer within the
time fixed by the Rules; and
3. a warning that unless the defendant so answers, the
plaintiff will take judgment by default and may be
granted the relief applied for.
What should accompany the srvice of summons upon the
defendant?
A copy of the complaint nad order for appointment of
guardian ad litem, if any.

1. Types
1. Personal service
1. Rule 14 Sec 6
1. Whenever practicable, the summons shall
be served by handing a copy thereof to
the defendant in person or, if he refuses
to receive and sign for it, by tendering it
to him.(Rule 14, Sec 6)
2. If there are two (2) or more defendants,
16

each one of them should be served a

copy of the summons and the complaint.
(Bello v Ubo 117 SCRA 91)

2. Substituted service
1. Rule 14, Sec 7
If, for justifiable causes, the defendant cannot
personally be served summons within a
reasonable time, service may be effected by
leaving:
1. copies of the summons at the
defendants residence with some person
of suitable age and discretion then
residing therein, or
2. copies at the defendants office or
regular place of business with some
competent person in charge thereof.

2. Rule 14, Sec 7; Validity

For substituted service to be valid, the return
must show that:
1. the efforts exerted by the sheriff to effect
personal service within a reasonable
period of time; impossibility of service
should be shown by stating the efforts
made to find the defendant;
2. such personal service cannot be effected
for justifiable reasons;
3. the service of summons was made at the
defendants residence or office or regular
place of business; the address of the
defendant to whom summons was
supposed to have been served must be
indicated in the return; and
4. the service was made upon some person
of suitable age and discretion residing
17

therein, if effected at defendants

residence, or with some competent
person in charge thereof, if effected at
defendants office or regular place of
business, at the time of the service.
In sum, the impossibility of personal service for
justifiable reasons must be shown. Otherwise,
the service is invalid. Impossibility of personal
service must be established by either by the
return or by evidence to that effect (Keister v
Navarro 77 SCRA 209).

3. Extra-territorial service
2. Special Subjects of service
1. Private Juridical Entities; Rule 14, Sec 11-12
Private Juridical Entities refer to corporations, partnerships or associations
duly organized.

1. Domestic
When the defendant is a corporation,
partnership or association organized under the
laws of the Philippines with a juridical
personality, to whom shall summons be made?
On the president, managing partner, general
manager, corporate secretary, treasurer, or inhouse counsel.
Suppose service of the summons is made upon
a person other than those mentioned above,
what is the effect of such service?
The service is invalid and does not bind the
corporation (Delta Motors Corp. v Pamintuan,
et al GR L-41667)

2. Foreign
18

When the defendant is a corporation,

partnership or association organized under the
laws of the Philippines with a juridical
personality, to whom shall summons be made?
Upon the resident agent designated in
accordance with law for that purpose.
What law requires such designation of a resident
agent?
Sec. 128 of the Corporation Code of the
Phiolippines requireing the foreign corporation
licensed to transact business in the Philippines to
designate a resident agent asa condition sine
qua non for the grant of the license.

2. Public corporations
When the defendant is the Republic of the
Philippines to whom shall service of summons be
made?
On the Solicitor General
In case of a province, city, or municipality or like
public corporaitons, to whom shall summons be
served?
Upon the executive head, or on such other officer
or officers as the law or the court may direct

3. Entities without juridical personalities; Sec 8

When persons associate in an entity withou juridical
personality are sued under the name they are
generally or commonly known (as authorized under
Sec. 15, Rule 3) how is service of summons affected
upoin that entity named as defendant?\
By serving the summons upon any one of those
persons composing the entity
In lieu of that person who else may be served with
19

the summons and where?

Upon the person in charge of the office or place of
business maintained in such name
If the service is done that way, will it bind all the
persons composing that entity without juridical
personality?
Yes (Ablaza v CIR GR L-33906)
Are there exceptions?
The service will not bind individually any person
whose connection with the entity has, upon due
notice, been severed before the action was
brought.

4. Prisoners; Sec 9

20

2. Appendix
Floating Text
1.

21

22