Rule 1 General Provisions

1. Civil action one by which a party sues another for the enforcement or protection of a right, or the prevention or
redress of a wrong; may be ordinary or special
Criminal action one by which the state prosecutes a person for an act or omission punishable by law
Special proceeding remedy by which a party seeks to establish a status, a right, or a particular fact
2. Rules of Court shall NOT be applicable to the following, except by analogy or in a suppletory character, and
whenever practicable and convenient
1.
Election cases;
2.
Land registration;
3.
Cadastral proceedings;
4.
Naturalization proceedings; and
5.
Insolvency proceedings
Rule 2 Cause of Action
1. Cause of action an act or omission by which a party violates the right of another
2. Requisites of Joinder of Causes of Action:
1.
2.
3.

The party joining the causes of action shall comply with the rules on joinder of parties;
The joinder shall NOT include special civil action or actions governed by special rules;
Where the causes of action are between the same parties but pertain to different venues or jurisdiction, the
joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of the
RTC and the venue lies therein;

3. Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed
shall be the test of jurisdiction.
4. Misjoinder of causes of action NOT a ground for dismissal; the action may, on motion ormotu proprio, be
severed and proceeded with separately.
Rule 3 Parties to Civil Actions
1. Claims that Survive the Death of a Party:
1.
2.
3.
4.

Actions to recover real and personal property against the estate;

Actions to enforce liens thereon;
Actions to recover for injury to persons or property by reason of tort;
Actions to recover money arising from contract, express or implied.

2. Death of defendant in action on contractual money claims before judgment of RTC NOT ground for dismissal.
Action continues until entry of final judgment. Any judgment against estate of deceased will be enforced as money
claim. Writ of preliminary attachment, if any, not dissolved.
3. Requisites of Permissive Joinder of Parties:
1.
2.
3.

Right to relief arises out of the same transaction or series of transactions, whether jointly, severally, or in
the alternative;
There is a question of law or fact common to all the plaintiffs and defendants;
Such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction and venue.

4. Requisites of a Class Suit:

1.
2.

Subject matter of the controversy is one of common or general interest to many persons;
Parties affected are so numerous that it is impracticable to bring them all to the court;

3.

Parties bringing the class suit are sufficiently numerous or representative of the class and have the legal
capacity to file the action.

5. Transfer of Interest
Action may be continued by or against the original party, unless the court, on motion, directs the transferee to
be substituted in the action or joined with the original party; however, if transfer is made before commencement of
the action, the transferee must necessarily be the party, since only he is the real party in interest.
Rule 4 Venue Of Actions
* Uniform rule on venue in RTC and MTC
1. Venue of real actions in the proper court which has jurisdiction over the area whereinreal property involved or
a portion thereof is situated.
2. Venue for forcible entry and detainer actions in the MTC of the municipality or city wherein the real property
or a portion thereof is situated.
3. Venue of personal actions where the plaintiff or any of the principal plaintiffs resides, or where the defendant
or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the
election of the plaintiff.
NOTE: residence means place where party actually resides at time of action; does NOT mean permanent home
or domicile.
4. Action against non-resident not found in the Philippines
1.
2.

Action Affects the Plaintiffs Personal Status in the court of the place where the plaintiff resides.
Action Affects Any Property of the Defendant in the Philippines where the property or any portion
thereof is situated or found.

5. Rules on Venue shall NOT apply:

1.
2.

In those case where a specific rule or law provides otherwise (e.g., civil case for damages in cases of libel,
where Article 360 of RPC provides specific rules on venue); OR
Where the parties have validly agreed IN WRITING before the filing of the action on the EXCLUSIVE
venue thereof.

In this instance, the action can only be filed in the place agreed upon even if the other place is the place of
residence of the parties or the location of the real property involved.
Rule 5 Uniform Procedure in Trial Courts
1. The procedure in the MTCs shall be the same as that in the RTC.
2. Uniform Procedure shall NOT be applicable:
1.
2.
3.

Where a particular provision expressly or impliedly applies only to either of said courts.
In civil cases governed by the Rule on Summary Procedure.
Rule 6 Kinds of Pleadings

1. Negative Defense specific denial of the material fact or facts alleged in the pleading of the claimant essential to
his cause of action.
2. Affirmative defense an allegation of a new matter which, while hypothetically admitting the material
allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. Includes:
1.
Fraud
2.
Statute of limitations

3.
4.
5.
6.
7.
8.
9.
10.

Release
Payment
Illegality
Statue of frauds
Estoppel
Former recovery
Discharge in bankruptcy
Any other matter by way of confession or avoidance.

3. Compulsory counterclaim Requisites:

1.
Arises out of or is necessarily connected with the transaction or occurrence which is the subject matter of
the opposing partys claim;
2.
Does not require for its adjudication the presence of 3rd parties of whom the court cannot acquire
jurisdiction; and
3.
Must be within the jurisdiction of the court both as to the nature and the amount, except that in an
ORIGINAL action in the RTC, the counterclaim may be considered regardless of the amount.
Agustin vs. Bacalang
A court (if MTC) has no jurisdiction to hear and determine a set-off or counterclaim in excess of its jurisdiction. A
counterclaim beyond the courts jurisdiction may only be pleaded by way of defense, the purpose of which is to
defeat or weaken the plaintiffs claim, but NOT to obtain affirmative relief. MOREOVER, the amount of judgment
obtained by the defendant on appeal cannot exceed the jurisdiction of the court in which the action began. Since the
trial court did not acquire jurisdiction over the counterclaim in excess of the jurisdictional amount, the appellate
court likewise did not have jurisdiction over the same. In such a case, the award in excess of the jurisdiction of the
trial court is void.
Calo vs. Ajax
A counterclaim, even if otherwise compulsory, but amount exceeds the jurisdiction of the inferior court, will only be
considered permissive. Hence, fact that it is not set-up in the inferior court will not bar plaintiff from instituting a
separate action to prosecute it.

1.
2.
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2.
3.
4.
5.
6.
1.
2.
3.

Rule 7 Parts of a Pleading

1. Formal Requirements of Pleadings:
2. Signature of the lawyer constitutes a certification by him that:
Caption
Title
Body divided into headings and paragraphs
Body divided into headings and paragraphs
Signature and address
Verification in some cases
He has read pleading
To the best of his knowledge, information, and belief, there is good ground to support it
It is not interposed for delay.

3. How a Pleading is Verified: By an affidavit stating that

1.
2.

Affiant (person verifying) has read the pleading

Allegations therein are true and correct as of his personal knowledge or based on authentic records. (SC
Circular 48-2000, effective May 1, 2000)

4. A pleading required to be verified which:

1.
2.
3.

Contains a verification based on information and belief, OR

Contains a verification based on knowledge, information and belief, OR
Lacks a proper verification

Shall be treated as an unsigned pleading.

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15.
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17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.

5. What pleadings have to be verified:

Petition for relief from judgment (38.3)
Appeal by certiorari from CA to SC (45.1)
Complaint with prayer for preliminary attachment (57. 3)
Complaint for injunction (58.4)
Complaint for replevin (60.2)
Petition for certiorari (65.1)
Petition for prohibition (65.2)
Petition for mandamus (65.3)
Complaint for forcible entry or unlawful detainer (70.4)
Petition for appointment of general guardian (93.2)
Petition for leave to sell or encumber property of estate or guardian (95.1)
Petition for declaration of competency of the ward (97.1)
Petition for habeas corpus (102.3)
Petition for change of name (103.2)
Petition for voluntary dissolution of a corporation (104.1)
Petition for cancellation or correction of entries in the civil registry (108.1)
Petition to take deposition in perpetuam rei memoriam (before action or pending appeal) (24.2)
Motion to set aside a default order of an inferior court
Motion for dissolution of preliminary injunction on the ground of irreparable damage to the movant while
the adverse party can be fully compensated
Petition for appointment of receiver
Petition for review of the decision of an RTC in cases within the exclusive original jurisdiction of the
inferior court, by and elevated to the CA.
Pleadings that need not be verified but must be under oath:
Denial of the genuineness and due execution of an actionable document (8.8)
Denial of allegations of usury (8.11)
Answer to written interrogatories (25.2)
Answer to request for admission (26.2)
Notice of appeal from administrative tribunals to the CA

6. Supporting affidavits of merit required:

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

Motion to postpone for absence of evidence (30.3)

Motion to postpone for illness of a party or counsel (30.4)
Motion for summary judgment or opposition thereto (35.1,2,3,5)
Motion for new trial on the ground of FAME or opposition thereto (37.2)
Petition for relief from judgment (38.3)
Third-party claim (39.16)
Proof required of a redemptioner (39.30)
Motion for preliminary attachment (57.3)
Motion for dissolution of preliminary injunction (58.6)
Application for writ of replevin (60.2)
Claim against the estate of the decedent (86.9)
Motion for new trial based on newly discovered evidence in criminal cases (121.4)

7. Certification against Forum-Shopping: Plaintiff or principal party shall certify under oath in the complaint or
other initiatory pleading or in a sworn certification annexed and filed therewith:
1.
2.

That he has not commenced any action or filed any claim involving the same issues in any court, tribunal or
quasi-judicial agency; to the best of his knowledge no such other claim or action pending;
If there is such other pending action, a complete statement of the present status thereof;

3.

If he should thereafter learn that same or similar action or claim is filed or pending, he shall report the same
within 5 days therefrom to the court where he filed his complaint.

NOTE: FAILURE TO COMPLY NOT CURABLE BY MERE AMENDMENT OF THE COMPLAINT OR

PLEADING BUT SHALL BE CAUSE FOR DISMISSAL OF THE CASE WITHOUT PREJUDICE; IF THE ACTS
OF PARTY OR COUNSEL CLEARLY CONSTITUTE WILLFUL & DELIBERATE FORUM SHOPPING,
GROUND FOR SUMMARY DISMISSAL WITH PREJUDICE AND CONSTITUTE DIRECT CONTEMPT.
For Forum-Shopping to exist, there must be:
1.

Same transactions involved;

1.
Same essential facts and circumstances; and
2.
Actions raise identical cause of action, subject matter, and issues.
3.
Rule 8 Manner of Making Allegations in Pleadings

1. Allegations of capacity
1.
2.

Capacity of party to sue or be sued or the authority of a party to sue or be sued in a representative capacity
or the legal existence of an organized association that is made a party must be averred;
To raise an issue as to the legal existence of a party or the capacity of a party in a representative capacity,
do so by specific denial, including such supporting particulars as are peculiarly within the pleaders
knowledge.

2. Action or defense based on document

1.
2.
3.
1.
1.
2.

Substance of such document set forth in the pleading;

Original or copy attached to the pleading as exhibit and deemed to be part of the pleading; OR
Copy may be set forth in the pleading with like effect.
3. How to contest actionable document: Genuineness and due execution of instrument deemed admitted
unless adverse party:
Specifically denies them under oath;
Sets forth what he claims to be the facts.

Requirement of an oath does NOT apply:

1.
2.

When diverse party does not appear to be a party to the instrument; or

When compliance with an order for an inspection of the original instrument is refused.

Admission of genuineness and due execution:

1.
2.
3.
4.

Party whose signature appears admits that he signed it, or that it was signed by another with his authority
Was in words and figures as set out at the time it was signed
Document was delivered
Any formal requisites required by law which it lacks are waived by him

The following defenses are cut-off by admission of genuineness and due execution of the document:
1.
2.
3.

1.

Signature is a forgery
Signature is unauthorized
Corporation is not authorized under its charter to sign the instrument
1.
Party charged signed the instrument in some other capacity than that alleged in the pleading
setting it out
2.
Document was never delivered.
3.
4. Specific Denial
Defendant must specify each material allegation of fact the truth of which he does not admit;

2.
3.
4.

Defendant must set forth the substance of the matters upon which he relies to support his denial, whenever
practicable;
If denying only part of an averment, he shall specify so much of it as is true and material and shall deny the
remainder;
If defendant does not have knowledge or information sufficient to form a belief as to the truth of a material
averment, he shall so state and this has effect of denial.

Negative pregnant a denial which at the same time involves an admission of the substantial facts in the pleading
responded to.
5. Allegations not specifically denied, other than those as to amount of unliquidated damages deemed admitted.
Rule 9 Effect of Failure to Plead
1. General Rule: Defenses and objections not pleaded in answer or motion to dismiss are deemed waived (Omnibus
Motion Rule).
Exception: Court shall dismiss the claim, even without allegation in answer or motion to dismiss, if any of the
following appear from the pleadings or the evidence on record:
1.
Lack of jurisdiction over the subject matter;
2.
Litis pendentia between same parties for the same cause;
3.
Res judicata
4.
Action barred by statute of limitations.
1.
2. Declaration of Default
1.
Defendant entitled to notice of motion to declare him in default and of order of default;
2.
Motion to set aside order of default may be filed after notice and before judgment;
3.
Party may make motion, under oath, to set aside order of default upon proper showing that failure to
answer was due to FAME;
4.
Effect of order of default party in default entitled to notice of subsequent proceedings but not to take part
in trial;
5.
Partial default if several defending parties and not all in default, the court shall try the case against all
upon the answers thus filed and evidence presented;
6.
After declaration of default, court may render judgment on the basis of the complaint or require claimant to
submit evidence;
7.
Judgment against party in default shall not exceed the amount or differ in kind from that prayed for nor
award unliquidated damages;
8.
No defaults in action for annulment or declaration of nullity of marriage or for legal separation.
Rule 10 Amended and Supplemental Pleadings
1. Amendments of pleadings may be made once as a matter of right:
1.
2.

At any time before responsive pleading is served

In the case of a reply, anytime within 10 days after service.

Plaintiff may amend complaint as a matter of right even after defendant files a Motion to Dismiss, since the same
is not a responsive pleading.
1.
2.

3.

2. Substantial amendments may be made only with leave of court, except as provided above.
3. An amended pleading supersedes the pleading that it amends but admissions in superseded pleadings
may be received in evidence against the pleader. (NOT judicial admissions anymore; thus, must be formally
offered)
4. Claims and defenses alleged in original but not incorporated in the amended pleading shall be deemed
waived.

5. Amended and Supplemental pleadings distinguished:

Amended

Supplemental

Refers to facts existing at the time of the

commencement of the action

Refers to facts arising after the filing of the

original pleading

Results in the withdrawal of the original pleading

Merely an addition, and does NOT result in the

withdrawal of, the original pleading

Can sometimes be made as a matter of right

Always filed with leave of court

1.
2.

3.

Rule 11 When to File Responsive Pleadings

1. Answer to complaint 15 days from service, unless different period fixed by the courts;
2. Answer of defendant foreign private juridical entity when service of summons is made on the
government official designated by law, answer to be filed within 30 days from receipt of summons by such
entity.
3. Answer to amended complaint if amended as a matter of right, 15 days from being served with copy
thereof

If amended not as a matter of right, 10 days from notice of order admitting the same
Answer earlier filed may be answer to amended complaint, if no new answer is filed
Applicable to amended counterclaim, cross, third, etc,
1.
2.
3.
1.
1.
2.
3.

4. Answer to counterclaim or cross-claim within 10 days from service.

5. Answer to 3rd party complaint 15 days from service
6. Reply may be filed within 10 days from service of the pleading responded to.
Rule 12 Bill of Particulars
1. Bill of particulars
Period of filing motion before responding to a pleading; if pleading is a reply, within 10 days from
service thereof;
Order for bill must be complied with in 10 days from notice OR period fixed by court
After service of bill or denial of motion party has balance of time he was entitled to file responsive
pleading, but not less than 5 days

Motion for Bill of Particulars may NOT call for matters which form part of the proof of the complaint. Thus,
motion should not be granted if the complaint, while not very definite, nonetheless already states a sufficient cause
of action.

1.
1.
2.
3.

Rule 13 Filing and Service of Pleadings, Judgments and Other Papers

1. Kinds of service of pleadings:
Personal service to be done whenever practicable (Most preferred mode)
Service by mail (ordinary if no registered mail)
Substituted service (delivering copy to clerk of court with proof of failure of 1st 2 modes)

Except with respect to papers emanating from the court, a resort to other modes must be accompanied by a written
explanation why the service or filing was not done personally.
Violation of rule may be cause to consider the paper as not filed.
1.
1.
2.
3.

2. Kinds of service of final orders:

Personal
Registered mail
Publication (if summons by publication)

3. Proof of personal service

1.
2.
3.

Written admission of party served;

Official return of the server; or
Affidavit of party serving, containing a full statement of the date, place and manner of service.
Rule 14 Summons

1.
2.
3.

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3.
4.
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3.
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2.
3.
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2.
3.
4.
1.
2.
3.
1.
2.

1. Contents of summons
2. Kinds of service of summons:
Handing a copy to the defendant in person; OR
1.
If he refuses to receive and sign for it, by tendering it to him
2.
Substituted:
1.
Leave copies at his residence, with person of suitable age and discretion residing therein;
OR
2.
Leave copies at defendants office/regular place of business, with competent person in
charge thereof.
3.
3. By whom served:
4.
4. When extraterritorial service allowed:
5.
5. Kinds of extra territorial service
6.
6. When service by publication in a newspaper of general publication allowed:
Signed by the clerk under the seal of the court
Name of the court and that parties to the action
Direction that the defendant answer within the time fixed by these rules
Notice that unless defendant so answers, plaintiff will take judgment by default
Personal:
By publication
Sheriff
Other proper court officer
Any suitable person specially authorized by the judge
Defendant is a non-resident and is not found in the Philippines and action affects plaintiffs personal status
Subject of action is property within the Philippines in which the defendant has or claims a lien or interest
Where relief demanded consists in whole or in part in excluding the defendant from any interest in such
property
When property of defendant has been attached within the Philippines
Personal service
Publication and summons sent by registered mail to last known address
Any other matter the court may deem sufficient
Identity of defendant unknown
Whereabouts of defendant unknown and cannot be ascertained by diligent inquiry

(a) and (b), applies to ANY action, even actions in personam

3.
Defendant is non-resident and the suit is quasi in rem
4.
Defendant is temporarily out of the country and the suit is quasi in rem
1.
7. Service upon private domestic juridical entity refers to corporation, partnership, or association
organized under Phil. Laws with a juridical personality:
2.
8. Service upon private foreign juridical entity transacting business in the Phils:
1.
President
2.
Managing partner
3.
General manager
4.
Corporate secretary
5.
Treasurer
6.
In-house counsel
1.
Resident agent designated in accord with Law
2.
If no such agent, on government official designated by law OR
3.
On any of its officers or agents within the Phils
NOTE: IF NO RESIDENT AGENT, SERVICE OF SUMMONSES AND PROCESSES ON THE SEC.
1.
9. Newspaper of general circulation (RA 4883, PD 1079)

1.
2.
3.
4.
5.

Published for the dissemination of local news and general information

Has a bona fide subscription list of subscribers
Published at regular intervals
Not published for nor devoted to the interest of a particular group of persons
Must have been regularly published for at least 2 years before the date of the publication in question.

Mere filing of an answer per se should not be automatically treated as a voluntary appearance by the defendant for
the purpose of sumons. It should be noted that when the appearance of the defendant is precisely to object to the
jurisdiction of the court over his person, it cannot be considered as an appearance in court.

1.
2.
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2.
1.
2.
3.
4.

Rule 15 Motions
1. All motions must be in writing except:
2. Exceptions to the three-day notice rule:
Those made in open court; OR
Those made in the course of a hearing or trial.
Ex parte motion
Urgent motion
When court sets hearing on shorter notice for good cause
Motion for summary judgment (must be served at least 10 days before the hearing)
A prudent judge would, in the absence of the opposing party in the hearing of a motion, inquire from the

other party or inquire from the records the proof of the service of notice rather than proceed with the hearing. He
should not rely on a partys undertaking to notify the adverse party of a scheduled hearing. The judge must demand
what the rule requires, i.e., proof of such notice on the adverse party. Otherwise, a contentious motion should be
considered a mere scrap of paper which should not have even been received for filing.
Subsequent service of the motion on the adverse party may be considered substantial compliance with the Rule 15,
6. Failure to attach to the motion proof of service thereof to the adverse party is not fatal when the adverse party
had actually received a copy of the motion and was in fact present in court when the motion was heard.

1.
2.
1.

2.
3.
4.
5.

Rule 16 Motion to Dismiss

1. Motion to Dismiss must be filed within the time for and before the filing of an answer to complaint.
2. Grounds for motion to dismiss:
Court has no jurisdiction over the person of the defendant- unlike old rule, inclusion in motion to dismiss of
other grounds aside from lack of jurisdiction over the person does NOT constitute a waiver of the said
ground or voluntary appearance;
Court has no jurisdiction over the subject matter of the claim;
Venue is improperly laid;
Plaintiff has no legal capacity to sue;
There is another action pending between the same parties for the same cause;

Requisites of litis pendentia:

1.
Identity of parties/interest
2.
Identity of rights asserted and prayed for/relief founded on the same facts;
3.
Identity of the 2 cases (such that judgment in one would amount to res judicata in the other)
6.
Cause of action is barred by a prior judgment or by statute of limitations;
Requisites of res judicata:
1.
Final judgment or order
2.
Rendered by court of competent jurisdiction
3.
On the merits (even without trial, such as cases decided by Judgment on the Pleadings, Summary
Judgment, or dismissed for failure to prosecute or for refusal to obey an order of the court)
4.
Identity of the parties
7.
Pleading asserting claim states no cause of action;
8.
Claim or demand in the plaintiffs pleading has been paid, waived, abandoned, extinguished;
9.
Claim on which action is founded is unenforceable under the statute of frauds;

10.

Condition precedent for filing has not been complied with (this includes prior recourse to barangay
conciliation, or failure to make attempts to reach a compromise in cases between members of the same
family)

The court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable.
3. Actions that court may take on a Motion to Dismiss:
1.
2.
3.

Grant it remedy: appeal

Deny NOT appealable; but may avail of certiorari, prohibition and mandamus
Order amendment of the pleading

4. If denied, defendant must file answer within the balance of the 15-day period, but not less than 5 days from the
time he received notice of the denial;
5. Subject to the right to appeal, dismissal based on the following grounds will be bar to refiling:
1.
2.
3.
4.

a. Res judicata
Extinguishment of claim or demand
Prescription
Unenforceability under the Statute of Frauds

6. The dismissal of the complaint shall be without prejudice to the prosecution in the same or separate action of a
counterclaim pleaded in the answer.
A motion to dismiss on the ground of failure to state a cause of action in the complaint must hypothetically admit
the truth of the facts alleged in the complaint. The admission, however, is limited only to all material and relevant
facts which are well pleaded in the complaint. The demurrer does not admit the truth of mere epithets charging
fraud; nor allegations of legal conclusions; nor an erroneous statement of law; nor matters of evidence; nor to legally
impossible facts.

1.
1.

Rule 17 Dismissal of Actions

1. Dismissal by the plaintiff
Notice of dismissal any time before service of the answer or a motion for summary judgment;

Dismissal is without prejudice EXCEPT on 2nd notice of dismissal, which operates as adjudication on the merits
when filed by same plaintiff who has once dismissed an action based on or including said claim.
1.
If answer or motion for summary judgment already served, dismissal by a Motion for Dismissal, which
shall require approval of the court; shall be without prejudice unless otherwise specified by the court
If counterclaim has been pleaded by a defendant prior to the service upon him of plaintiffs motion to dismiss,
dismissal is limited to the complaint; dismissal is without prejudice to defendants right to prosecute counterclaim in
a separate action or, if he makes a manifestation within 15 days from notice of the motion, to prosecute CC in same
action.
1.
1.
2.
3.

2. Dismissal due to plaintiffs fault the following must be without justifiable cause
If plaintiff fails to appear on the date of presentation of his evidence in chief;
Plaintiff fails to prosecute claim for an unreasonable length of time
Plaintiff fails to comply with the Rules of Court or any order of the court

Complaint may be dismissed upon defendants motion or motu proprio.

Unless otherwise declared by the court, dismissal has effect of adjudication upon the merits.

RULE ON SEVERANCE OF COMPULSORY CC: Dismissal of principal action upon plaintiffs motion or due to
plaintiffs fault does not necessarily carry with it the dismissal of the compulsory CC; defendant is also given option
to prosecute the same in same or separate action.
1.
3. Dismissal of counterclaim, cross-claim, or 3rd-party complaint must be made by claimant before a
responsive pleading or a motion for summary judgment is served, or if there is none, before the introduction
of evidence.
Rule 18 Pre-Trial
1. What to consider in pre-trial (with notice to counsel or party without counsel)
1.
2.
3.
4.
5.
6.
7.
8.
1.
2.
3.

1.
2.

1.
2.

1.
2.
3.
4.

Possibility of amicable settlement or arbitration

Simplification of the issues
Amendments to the pleadings
Stipulations or admissions of facts and documents
Limitation of number of witnesses
Preliminary reference of issues to a commissioner
Propriety of judgment on the pleadings, summary judgments, or dismissal of action
Other matters for the prompt disposition of the action
2. It is the duty of the plaintiff to move ex parte for the setting of the case for pre-trial. However, if
plaintiff answers the defendants counterclaim, it will be the latters duty to set the pre-trial.
3. Failure of plaintiff to appear shall be cause for dismissal of the action. Non-appearance of defendant is
cause to allow plaintiff to present evidence ex parte and the court to render judgment on basis thereof.
4. Non-appearance of party excused only if:
1.
5. Must file pre-trial brief so as to ensure that other party receives it at least 3 days before pretrial. Failure to file brief has same effects as failure to appear at pre-trial.
2.
6. Proceedings recorded, and court shall issue an order reciting in detail matters taken up.
A valid cause is shown therefor OR
If representative shall appear in his behalf fully authorized in writing to enter into an amicable settlement,
to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and
of documents,
Rule 19 Intervention
1. Grounds for intervention
2. Motion may be filed at any time before rendition of judgment.
1.
3. Answer to complaint-in-intervention must be filed within 15 days from notice of court
admitting the complaint.
2.
4. Motion for intervention will be granted if it will not unduly delay or prejudice adjudication of
rights or original parties and if the intervenors rights may be fully protected in separate proceedings.
3.
5. Complaint in intervention is merely collateral to the principal action. Hence, it will be
dismissed if main action is dismissed.
4.
6. A complaint in intervention that seeks affirmative relief prevents a plaintiff from taking a
voluntary dismissal of the main action. Such a case is not subject to dismissal upon intervenors
petition showing him to be entitled to affirmative relief. The petition will be preserved and heard
regardless of the disposition of the main action.
Legal interest in the matter in litigation
Interest in the success of either or both parties or interest against both
Party is so situated as to be adversely affected by the distribution of the court
Disposition of property in the custody of the court or of an officer thereof.
Rule 20 Calendar of Cases

1. Calendar of cases to be kept by clerk of court for cases set for pre-trial, trial, those whose trials adjourned or
postponed and those with motions set for hearings.
1.

2.

Preference given to habeas corpus, election cases, special civil actions and those so required by law.

Rule 21 Subpoena
1.
1.
2.
3.
4.

1. Subpoena issued by:

The court before whom witness is required to attend;
The court of the place where the deposition is to be taken;
The officer or body authorized by law to do so in connection with its investigations;
Any Justice of the SC or CA in any case or investigation pending within the Phils

2. No prisoner sentenced to death, reclusion perpetua, or life imprisonment and who is confined in any penal
institution shall be brought outside said institution for appearance or attendance in any court unless authorized by the
SC.
1.
2.
1.
2.
3.
1.

3. Grounds for quashing subpoena duces tecum

4. Ground for quashing subpoena ad testificandum
It is unreasonable or oppressive
The articles sought to be produced do not appear to be relevant
Person asking for subpoena does not advance cost of production
The witness is not bound thereby if witness resides more than 100 km from the place where he is to travel
by the ordinary course of travel, or if he is a detention prisoner and no permission is obtained from the court
in which his case is pending

This is known as the viatory right of the witness; NOTE, however, that the right is available only in CIVIL cases
2.
1.
2.
3.

Witness fees and kilometrage allowed by rules not tendered when subpoena served.
5. Service of subpoena made in the same manner as personal or substituted service of summons.
6. Person present in court before a judicial officer may be required to testify as if he were in attendance
upon a subpoena.
7. Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a
contempt of the court from which subpoena issued.
Rule 22 Computation of Time

1.
2.
3.

1. Computing for any period of time: day of the act or event from which designated period of time begins
to run is to be excluded and the date of performance included.
2. If last day of period falls on Saturday, Sunday or legal holiday in place where court sits, the time shall
not run until the next working day.
3. If there is effective interruption of period, it shall start to run on the day after notice of the cessation of
the cause of the interruption. The day of the act that caused the interruption is excluded in the computation
of the period.
Rule 23 Depositions Pending Action

DEPOSITIONS DE BENE ESSE taken for purposes of pending action

1.

1.
2.
3.
4.

1. Depositions pending action

1.
2. Scope of examination deponent may be examined regarding any matter not privileged
relevant to the subject of the action
2.
3. Examination and cross-examination proceeds as in trials
3.
4. Depositions and Affidavits distinguished
Taken by leave of court after court obtains jurisdiction over any defendant or property subject of the action
Taken without leave after an answer has been served
Upon the instance of any party
May be deposition upon oral examination or written interrogatories

Depositions

Affidavits

Written testimony of witness in course of judicial

proceedings, in advance of trial and hearing

Mere sworn written statements

Opportunity for cross-examination

No cross-examination

Can be competent testimonial evidence

Little probative value (hearsay)

1.

5.

Use of depositions

Any part or all of a deposition which is admissible in evidence may be used against any party who was present or
represented during the taking of the deposition or who had notice thereof as follows:

Deposition of

May be used
by

A witness

Any party

To contradict or impeach the deponents

testimony as a witness

Any party, or anyone who at

the time of taking the
deposition was an officer,
director, or managing agent of a
public or private corporation

An adverse party

For any purpose

Purpose

For any purpose, IF court finds that:

1.
2.

3.

4.

Of any witness, whether a party

or not

5.
Any party

Witness is dead;
b. Witness resides at a distance
more than 100 km from place of
trial, UNLESS absence procured by
party offering the deposition
c. Witness is unable to testify
because of age, sickness, infirmity,
or imprisonment;
d. Party offering the deposition
has been unable to procure the
attendance of the witness by
subpoena; OR
e. Other exceptional
circumstances make it desirable to
allow deposition to be used.

Deponent is made the witness of the party offering the deposition.

If only part of the deposition is introduced, adverse party may require that all of it which is relevant to the part
introduced be introduced.
6. Persons before whom depositions may be taken

a. Within the Philippines

1.
2.
3.

Judge
Notary public
Any person authorized to administer oaths if the parties so stipulate in writing

b. In foreign countries
1.

On notice, before a secretary of any embassy or legation, consul-general, consul, vice-consul, consular
agent of the Phils
1.
Before such person or officer as may be appointed by commission or under letters-rogatories
2.
Any person authorized to administer oaths if the parties so stipulate.

Commission addressed to any authority in a foreign country authorized therein to take down depositions; the
taking of such depositions is subject to the rules laid down by the court issuing the commission
Letters Rogatory addressed to judicial authority in the foreign country; the taking of the depositions is subject to
the rules laid down by such foreign judicial authority.
7. Persons disqualified to take depositions
1.
2.
3.
4.
5.
6.

Relative within 6th degree of consanguinity or affinity of any party

Employee of any party
Counsel of any party
Relative within the same degree of partys counsel
Employee of partys counsel
Anyone financially interested in the action

8. Depositions upon written interrogatories

Party desiring to take such deposition shall serve them upon every other party with a notice stating the name and
address of the person who is to answer them and the name and descriptive title of the officer before whom the
deposition is to be taken;
Party so served may serve cross-interrogatories upon the proponent within 10 days thereafter
Re-direct interrogatories served within 5 days
Re-cross interrogatories served within 3 days
9. Effects of errors and irregularities in the depositions
1.
2.
3.

4.

As to notice waived unless written objection is promptly served upon the party giving the notice
As to disqualification of officer waived unless made before the taking of the deposition begins or as soon
thereafter as the disqualification becomes known or could be discovered with reasonable diligence
As to competency or relevancy of evidence NOT waived by failure to make them before or during the
taking of the deposition, unless ground is one which might have been obviated or removed if presented at
that time
As to oral exam and other particulars Errors occurring at the oral exam in the manner of taking the
deposition, in the form of questions and answers, in oath or affirmation, or in conduct of parties, and errors
of any kind which might be obviated, removed, cured if promptly prosecuted are waived unless reasonable
objection is made at the taking of the deposition.

5.

6.

As to form of written interrogatories waived unless served in writing upon party propounding them
within the time allowed for serving succeeding cross or other interrogatories and within 3 days after the
service of the last interrogatories authorized.
As to manner of preparation errors as to manner in which the testimony is transcribed or the deposition is
prepared, signed, certified, sealed, indorsed, transmitted, filed or otherwise dealt with by the officer are
waived unless a motion to suppress the deposition or some part of it is made with reasonable promptness
after such defect is, or with due diligence might have been, ascertained.

A deposition, in keeping with its nature as a mode of discovery, should be taken before and not during trial. IN
fact, the rules on criminal practice particularly on the defense of alibi states that when a person intends to rely on
such a defense, that person must move for the taking of the deposition of his witness within the time provided for
filing a pre-trial motion.
Rule 24 Depositions Pending Action
DEPOSITIONS IN PERPETUAM REI MEMORIAM taken to perpetuate evidence for purposes of an anticipated
action or further proceedings in a case or appeal.
1.

1.

Depositions before action

A person desiring to perpetuate his own testimony or that of another person regarding any matter that may be
cognizable in any court of the Phils may file a verified petition in the court of the place of the residence of any
expected adverse party, which petition shall be entitled in the name of the petitioner and shall show:
1.
2.
3.
4.
5.
1.

That petitioner expects to be a party to an action in a court of the Phils but is presently unable to bring it or
cause it to be brought;
The subject matter of the expected action and his interest therein;
The facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate
it;
The names or description of the persons he expects will be the adverse parties and their addresses so far as
known;
The name and addresses of the persons to be examined and the substance of the testimony which he expects
to elicit from each.
2. Use of deposition

If deposition to perpetuate testimony is taken under this rule or if not so taken is still admissible in evidence may be
used in any action involving the same subject matter subsequent brought in accordance with the provisions of Rule
23.
Rule 25 Interrogatories to Parties
1.
2.

Interrogatories and the answers thereto should be filed in court and served on adverse parties, so that the
answers may constitute judicial admissions.
Effect of failure to serve written interrogatories a party not served with such may NOT be compelled by
the adverse party to give testimony in open court or deposition pending appeal.
Rule 26 Admission by Adverse Party

1.

1.

Request for admission

A written request for the admission of the other party of the genuineness of any material or document or request for
the truth of any material and relevant matter of fact set forth in the request may be filed and served upon the other
party at any time after issues have been joined.

1.

2.

Implied admission

Each of the matter requested to be admitted shall be deemed admitted within a period designated in the request,
which shall not be less than 15 days after service thereof or within such further time as the court may allow on
motion, UNLESS, party requested serves upon the party requesting a sworn statement either specifically denying or
setting forth in detail the reasons why he cannot truthfully either admit or deny those matters.
1.

3.

Effect of admission

Admission is only for the purpose of the pending action and shall NOT constitute an admission for any other person
nor may it be used against him in any other proceeding.
1.

4. A party who fails to file and serve a request for admission on the adverse party of material facts within
the personal knowledge of the latter shall not be permitted to present evidence thereon,
Rule 27 Production or Inspection of Documents or Things

1.

2.

Any party may move for the court in which the action is pending to order any party to:
1.
Produce and permit the inspection and copying or photographing of any designated documents,
papers, books, accounts, letters, photographs, objects or tangible things, not privileged, which:
1.
Constitute or contain evidence material to any matter involved in the action AND
2.
Are in his possession, custody or control.
3.
Permit entry upon designated land or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or photographing the property or any designated
relevant object or operation thereon.
The order:
1.
Shall specify the time, place and manner of making the inspection and taking copies AND
2.
May prescribe such terms and conditions which are just.
Rule 28 Physical and Mental Examination of Persons

1.
2.

If the mental or physical condition of a party is in controversy, the court may order him to submit to a
physical or mental examination by a physician.
The party examined waives any privilege he may have in that action regarding the testimony of the person
who has examined or may examine him with respect to that same mental or physical examination by:
1.
Requesting and obtaining a report of the examination so ordered OR
2.
Taking the deposition of the examiner.
Rule 29 Refusal to Comply with the Modes of Discovery

1. If a party/deponent refused to answer:

1.
2.
3.

The examination may be completed on other matters

The examination may be adjourned
The proponent may apply to the court for order to compel answer

The court may then order:

1.
2.

The refusing party or his counsel to pay the expenses incurred in obtaining the order, including the
attorneys fees (if it finds the refusal to answer without substantial justification)
The proponent or his counsel to pay the expenses incurred in opposing the application, including attorneys
fees (if it finds the application to be without substantial justification)

2. If a party/witness refuses to be sworn or to answer after being directed to do so by the court, the refusal may be
considered contempt of that court.
1.

If a party/officer or managing agent of a party refuses to obey an order requiring him:

a. To answer designated questions

b. To produce a thing for inspection or to permit entry upon property
1.

To submit to a physical or mental examination

the court may order:

1.
2.
3.
4.
5.
6.
7.

That the matters regarding which the questions were asked, or the character of the land or the thing, or the
physical and mental condition of the party be taken to be established.
The disallowance of the disobedient partys claims
The prohibition of the disobedient party to present evidence
The striking out of the pleadings or parts thereof
The dismissal of the action or parts thereof
Rendering judgment by default against the disobedient party OR
The arrest of any party or agent EXCEPT in disobeying an order to submit to a physical or mental
examination.

4. If a party refuses to attend or serve answers, the court may:

1.
2.
3.
4.

Strike out all or any part of any pleading of that party.

Dismiss the action or any part thereof.
Enter a judgment by default against that party, OR/AND
Order that party to pay reasonable expenses incurred, including attorneys fees.

5. The Republic of the Philippines cannot be required to pay expenses and attorneys fees under this Rule.
Rule 30 Trial
1.

1.

Order of trial

Trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows:
1.
2.
3.
4.
5.
6.
7.
1.

The plaintiff shall adduce evidence in support of his complaint;

The defendant shall adduce evidence in support of his defense, counterclaim, cross-claim, and third-party
complaint;
The 3rd-party defendant, if any, shall adduce evidence of his defense, counterclaim, cross-claim, and
4th party complaint;
The 4th party and so forth, if any, shall adduce evidence of the material facts pleaded by them;
The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence in
support of their defense, in the order to be prescribed by the court;
The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in
the furtherance of justice, permits them to adduce evidence upon their original case; and
Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs
the parties to argue or to submit their respective memoranda or any further pleadings.
2. Judge should personally receive evidence EXCEPT that in default or ex parte hearings and in any case
where the parties so agree in writing, the court may delegate the reception of evidence to its clerk of court
who is a member of the bar. The clerk shall have no power to rule on objections to any question or to the

admission of exhibits, which objections shall be resolved by the court upon submission of his report and the
transcripts within 10 days from the termination of the hearing.

1.
2.

Rule 31 Consolidation or Severance

1. CONSOLIDATION the court may order a joint hearing or trial of any or all matters in issue when
actions involving a common question of law or fact are pending before the court.
2. BUT the court may order a separate trial of any claim, cross-claim, counterclaim, or third-party
complaint, in furtherance of convenience or in the interest of justice.
Rule 32 Trial by Commissioner

Trial by commissioner:
1.
2.
1.
2.
3.

1. Reference by consent of both parties

2. Reference by motion of one of the parties or motu proprio:
Trial requires examination of a long account of either side
Taking of an account is necessary for the information of the court before judgment or for carrying a
judgment order into effect
Question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of the case.
Rule 33 Demurrer to Evidence

Demurrer to evidence is made by the defendant after the plaintiff has completed the presentation of his evidence
where the defendant moves for dismissal on the ground that upon the facts and the law the plaintiff has shown no
right to relief.
1.

1.

If motion denied defendant has the right to present evidence

2. If motion granted, but reversed on appeal defendant deemed to have waived the right to present evidence.
Rule 34 Judgment on the Pleadings
1. Judgment on the Pleadings is proper:
1.
2.

If answer fails to tender an issue; or

If answer otherwise admits the material allegations of the adverse partys pleading

Then court may, on motion of that party, direct judgment on the pleadings
2. However, the material facts alleged in the complaint shall always be proved in actions for:
1.
2.
3.

Declaration of nullity of marriage

Annulment of marriage
Legal separation
Rule 35 Summary Judgments

Summary judgment:
1.
2.
3.

1. Proper if no genuine issue as to any material fact (except as to damages recoverable) and if moving
party is entitled to a judgment as a matter of law
2. Based not only on pleadings but also on affidavits, deposition, and admissions of the parties showing
that, except as to the amount of damages, there is no genuine issue.
3. Motion shall be served at least 10 days before the time specified for the hearing.
1.
4. May be asked for by a party seeking to recover upon a claim, counterclaim, cross-claim or to
obtain a declaratory relief.

5. Although Rule does not specifically provide, also unavailable in actions for annulment of and declaration of
nullity of marriage, and for legal separation since Sec. 1 refers to actions to recover upon a claim, or to recover a
debt or a liquidated demand for money, or to obtain declaratory relief.
6. Judgment on the pleadings and summary judgment distinguished:
Judgment on the Pleadings

Summary judgment

Proper when there is no genuine issue between

the parties

Proper even if there is an issue as to the damages

recoverable

Based exclusively on the pleadings without

introduction of evidence

Based not only on pleadings but also on

affidavits, depositions and admissions of the
parties

Available in any action, except the 3 exceptions

Proper only in actions to recover a debt, or for a

liquidated sum of money, or for declaratory relief

Motions for summary judgment may be filed by the claimant or by the defending party. The defending party may
file such motion, pursuant to Rule 35, 2at any time, as distinguished from 1 where the claimant may file the
motion at any time after the answer is filed.

1.

2.

Rule 36 Judgments, Final Orders and Entry Thereof

1. The date of the finality of the judgment or final order shall be deemed to be the date of its entry. The
judgment or final order shall be entered by the clerk in the book of entries of judgments if no appeal or
motion for new trial or consideration is filed within 15 days
2. Several Judgments

In action against several defendants, the court may render judgment against one or more of them, leaving the action
to proceed against the others.
1.

3.

Separate judgments

Judgment rendered to dispose of one of the several claims for relief presented in an action, made at any stage, upon a
determination of the issues material to a particular claim and all counterclaims arising out of the transaction or
occurrence which is the subject matter of the claim, which terminates such claim. Action shall proceed as to other
claims

1.
2.
1.
2.

Rule 37 New Trial or Reconsideration

1. Motion for new trial or reconsideration filed within 15 days from notice of judgment and resolved by
the court within 30 days from submission for resolution.
2. Grounds: Motion for New Trial
Fraud, accident, mistake, or excusable negligence;
Newly discovered evidence

Requisites:
1.
2.
3.

Discovered after trial

Could not have been discovered and produced at trial despite the exercise of reasonable diligence
If presented, could probably alter the result of the action

3. Grounds: Motion for Reconsideration

1.
2.
3.

Damages awarded are excessive

Evidence is insufficient to justify the decision or final order
Decision is contrary to law

4. Motion for new trial shall be in writing, and supported by affidavits of merit if the ground is FAME; for newlydiscovered evidence, it must be supported by affidavits of witnesses by whom such evidence is expected to be given,
or by duly authenticated documents to be introduced.
Motion for reconsideration shall specifically point out the findings or conclusions of the judgment which are
unsupported by evidence or contrary to law, with express reference to the testimonial or documentary evidence or
the provisions of law alleged to be contrary to such findings.
5. Pro forma motion for new trial or reconsideration shall not toll the period for appeal.
6. No second motion for reconsideration allowed. Second motion for new trial must be based on a ground not
existing or available when the first motion was made, which may be filed during the remainder of the 15-day period.

1.

Rule 38 Relief From Judgments, Orders, or Other Proceedings

1. Petition for relief from judgment filed within 60 days after learning of judgment and not more than 6
months after such judgment

Must be supported by affidavit showing the FAME and the facts constituting the petitioners good or substantial
cause of action or defense
1.
2.
1.

2. Party who has filed a timely motion for new trial cannot file a petition for relief after the former is
denied. The two remedies are exclusive of one another.
3. Grounds:
1.
Judgment or final order is rendered and party has been prevented by FAME from taking an appeal
Judgment or final order entered against a party by FAME; or

For fraud to be extrinsic, the losing party must never have had a chance to controvert the adverse partys evidence.
Uniform procedure for relief from judgments of MTC and RTC
1.
2.

1.

4. After petition is filed, court shall order adverse parties to answer within 15 days from receipt. After
answer is filed or expiration of period therefor, court shall hear the petition.
5. If granted, judgment set aside and court shall proceed as if timely motion for new trial has been
granted; if granted against denial of appeal, court shall give due course to appeal.
1.

Rule 39 Execution, Satisfaction and Effect of Judgments

Execution as a matter of right

On motion with notice, upon a judgment or order that disposes of the action or proceeding upon the expiration of the
period to appeal therefrom if no appeal has been duly perfected.
For so long as there is a certificate of entry of judgment, execution may already be issued by the court of origin or
directed to do so by the CA.
1.
1.

2.

2. Discretionary execution pending period to appeal or during appeal; may issue only upon good
reasons to be stated in a special order after hearing.
By trial court even after the perfection of the appeal for so long as the motion for execution was filed
while the TC has jurisdiction over the case and is in possession or the records, upon motion of the prevailing
party with notice to the adverse party
Appellate court after the TC has lost jurisdiction

Example:
P receives judgment: June 3
D receives judgment: June 1

D files notice of appeal: June 5

When does trial court lose jurisdiction? June 18
BUT, if P also files a notice of appeal on June 10, trial court loses jurisdiction on that date.
Execution with respect to appealed cases- there is no need to await remand of the records.
Execution with respect to consequential and exemplary damages should be postponed until such time as the merits
of the case have been finally determined in the regular appeal, as the amounts remain uncertain and indefinite
pending resolution.
3. a. Motion for execution of final and executory judgment should be served on adverse party and set for hearing;
b. In case of appeal, motion is filed with court of origin supported by certified true copies of final judgment of
appellate court.
3.

Appellate court may on motion order court of origin to issue writ of execution (SC Circular No. 24-94,
4/18/94)

4. Judgments NOT stayed by appeal (immediately executory, unless court provides otherwise)
1.
2.
3.
4.
5.

Actions for injunction

Receivership
Accounting
Support
Judgments declared immediately executory

5. A final and executory judgment may be executed on motion within 5 years from entry. May be revived and
enforced by action after lapse of 5 years but before 10 years from entry. Revived judgment may be enforced by
motion within 5 years from entry and thereafter by action before barred by statute of limitations file motion within
10 years from the finality of the revived judgment.
6. Execution in case of partys death:
1.
2.
1.
2.

Death of judgment obligee application of his executor or administrator or successor-in-interest

Death of judgment obligor
Against his executor, etc. if the judgment be for recovery of real or personal property or the enforcement of
a lien thereon.
If death after execution is actually levied upon his property, it may be sold for satisfaction of the obligation.

If the judgment obligor dies after the entry but before levy, execution will issue if it be for the recovery of real or
personal property. However, if judgment is for a sum of money, and the judgment obligor dies before levy, such
judgment cannot be enforced by writ of execution but must be filed as a claim against his estate.
7. Writ of execution:
1.
2.
3.

Shall issue in the name of the Republic of the Phils from court which granted the motion
State the name of the court, case number and title, dispositive portion of the judgment order
Require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms

8. Manner of executing writ:

1.

If judgment against property of the judgment obligor out of real or personal property with interest

2.
3.
4.

5.

If against his real or personal property in the hands of the personal representatives, heirs, devisees, legatees,
tenants, or trustees of the judgment obligor out of that property, with interest
If for sale of real or personal property to sell property, describing it and apply the proceeds in conformity
with judgment.
If for delivery of possession of property deliver possession of the same to the party entitled to it,
describing it, and to satisfy any costs, damages, rents, or profits covered by the judgment out of the personal
property of the person against whom it was rendered, and out of real property if sufficient personal property
cannot be found.
In all cases, writ of execution shall specifically state the amount of the interest, costs, damages, rents, or
profits due as of date of issuance of writ, aside from principal obligation.

Judgment obligor is given option to choose which property may be levied on sufficient to satisfy the judgment.
9. Property exempt from execution
1.

Family home as provided by law, homestead in which he resides, and land necessarily used in connection
therewith;
2.
Tools and implements used in trade, employment, or livelihood;
3.
3 horses, cows, or carabaos or other beasts of burden used in his ordinary occupation;
4.
Necessary clothing and articles for ordinary personal use, excluding jewelry;
5.
Household furniture and utensils necessary for housekeeping not exceeding P3,000;
6.
Professional libraries and equipment of judges, lawyers, physicians, etc. not exceeding P300,000;
7.
One fishing boat and accessories not more than P100,000 owned by a fisherman and by which he earns his
living;
8.
Salaries, wages, or earnings for personal services within the 4 months preceding the levy which are
necessary for the support of the family;
9.
Lettered gravestones;
10. Money, benefits, annuities accruing or in any manner growing out of any life insurance;
11. Right to receive legal support or any pension or gratuity from the government;
12. Properties especially exempted by law.
Exemption does not apply if execution upon a judgment for its purchase price or for foreclosure of mortgage.
Right of Exemption is a personal right granted to the judgment creditor. The sheriff may thus not claim it.
10. Third party claims:
1.
2.
3.
4.
5.

Purpose of bond filed by judgment obligee or plaintiff is to indemnify third-party claimant, not the sheriff
or officer;
Amount of bond not less than value of property levied on;
Sheriff not liable for damages if bond is filed;
Judgment obligee or plaintiff may claim damages against third-party claimant in the same or a separate
action.
3rd Party claimant may vindicate his claim to property levied in a separate action because intervention is no
longer allowed since judgment already executory; in preliminary attachment and replevin, 3 rd party claimant
may vindicate his claim to the property by intervention since the action is still pending.

11. Who may redeem real property sold:

1.
2.

Judgment obligor or his successor in interest in the whole or any part of the property;
Creditor having lien by virtue of an attachment, judgment, or mortgage on the property sold subsequent to
the lien under which the property was sold. (Redeeming creditor is termed a redemptioner).

12. Judgment obligor has one year from the date of the registration of the certificate of sale to redeem property sold
by paying the purchaser the amount of his purchase, with 1% per month interest plus any assessments or taxes which
he may have paid thereon after purchase with interest on said amount at 1% per month.
Redemptioners have one year to redeem from the date of registration of the certificate of sale. They may also
redeem beyond one-year period within 60 days after the last redemption, with 2 % interest on the sum to be paid on
the last redemption. The judgment obligors right to redeem within 60 days from last redemption is limited to the
one-year period, beyond which he can no longer redeem.
Purchaser or redemptioner not entitled to receive rents and income of property sold inasmuch as these belong to
the judgment obligor until the expiration of the period of redemption.
13. Effect of judgment or final orders
1.
2.
3.

In case of judgment against a specified thing, probate of will, or administration of estate or legal condition
or status, it is conclusive on the title or condition, status, relationship, will or administration.
In other cases/matters directly adjudged, or matters relating thereto that could have been raised subsequent
to commencement of action, judgment is conclusive between parties and their successors in interest.
In any other litigation, that only is deemed to have been adjudged in a former judgment or which was
actually and necessarily included therein.

14. Effect of foreign judgment

1.
2.

Judgment upon a specific thing, conclusive upon title to the thing;

If against a person, judgment is presumptive evidence of a right as between the parties and their successors
in interest;

15. When foreign judgment may be repelled

1.
2.
3.
4.
5.

Evidence of want of jurisdiction

Want of notice to party
Collusion
Fraud
Clear mistake of law.

16. Requisites for res judicata

1.
Final former judgment
2.
Judgment is on the merits
3.
Rendered by a court of competent jurisdiction
4.
Between first and second actions, identity of subject matter, parties and cause of action.
17. When quashal of writ of execution proper
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Improperly issued
Defective in substance
Issued against the wrong party
Judgment was already satisfied
Issued without authority
Change of the situation of the parties renders execution inequitable
Controversy was never validly submitted to the court
Writ varies the terms of the judgment
Writ sought to be enforced against property exempt from execution
Ambiguity in the terms of the judgment

18. SPECIAL JUDGMENT requires the performance of any other act than the payment of money or the sale or
delivery of real or personal property.

19. Remedies against executory judgments or orders:

1.
2.
3.

Petition for relief

Direct attack
Collateral attack judgment is null on its face or court had no jurisdiction

20. When court may order execution even before an executory judgment and pending an appeal
1.
2.
3.
4.
5.
6.
7.
8.
9.

a. Lapse of time would make the ultimate judgment ineffective;

b. Appeal is clearly dilatory;
c. Judgment is for support and the beneficiary is in need thereof;
d. Articles subject of the case are perishable;
e. Defendants are exhausting their income and have no other property aside from the proceeds from
the subdivision of lots subject of the action;
f. Movants were in extreme need of the premises subject of the suit and the bond to answer for
damages in case of reversal on appeal (supersedeas bond) was posted by them;
g. Judgment debtor is in imminent danger of insolvency;
h. Prevailing party is of advanced age and in a precarious state of health and the right in the
judgment is non-transmissible being for support;
i. Prevailing party posts sufficient bond to answer for damages in case of reversal of judgment

But in most cases, the mere filing of a bond is not sufficient justification for discretionary execution.
21. Order granting writ of execution ONLY appealable when:
1.
2.

Order varies terms of the judgment

When vague and court renders what is believed to be wrong interpretation.

22. Garnishment act of appropriation by the sheriff if the property involved is money, stocks, or other incorporeal
property in the hands of third persons; merely sets apart such funds but does not constitute the creditor the owner of
the garnished property.
23. Persons disqualified from participating in the execution sale:
1.
2.
3.
4.
5.
6.

7.
8.
1.

Officer conducting the execution sale or his deputy;

Guardian with respect to the property under his guardianship;
Agents, the property entrusted to them, unless with principals consent;
Executors and administrators, the property of the estate under administration;
Public officers and employees, the property of the State or any subdivision thereof, or any GOCC, the
administration of which has been entrusted to them;
Justices, judges, prosecuting attorneys, clerks of courts, and other officers and employees connected with
the administration of justice, the property and rights in litigation or levied upon an execution before the court
within whose jurisdiction or territory they exercise their respective functions;
Lawyers, the property and rights which may be the subject of litigation in which they take part by virtue of
their profession;
Others specifically disqualified by law. (e.g. seller of goods who exercise right of resale of goods).
Rule 40 Appeal from MTC to RTC
Appeal from judgment or final order of MTC taken to RTC exercising jurisdiction over the area to which
MTC pertains. File notice of appeal with the MTC which rendered decision appealed from within 15 days
after notice of such judgment.

2.
3.
4.
1.
2.
3.

Record on appeal is filed within 30 days and required only for special proceedings
Appellate docket fees paid to clerk of court of MTC payment not a condition precedent for perfection of
appeal but must nonetheless be paid within the period for taking appeal;
Procedure for appeal from cases dismissed without trial for lack of jurisdiction:
If affirmed because the MTC has no jurisdiction, RTC will try case on the merits as if it has original
jurisdiction;
If reversed, the case shall be remanded to the MTC;
If the first level court tried the case on the merits without jurisdiction, the RTC should not dismiss the case
but shall decide it in the exercise of original jurisdiction.