Civil Procedure

San Beda College of Law
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MEMORY AID IN REMEDIAL LAW
CIVIL PROCEDURE
Judgment is Judgment is Judgment
RULE 1 binding on the binding only binding upon
GENERAL PROVISIONS whole world upon parties particular
impleaded or persons, but
their the real motive
Statutes regulating the procedure of courts will be
successors in is to deal with
construed as applicable to actions pending and interest real property
undetermined at the time of their passage so long as or to subject
vested rights will not be impaired. said property
to certain
Under the 1987 Constitution, the rule-making power claims.
of the Supreme Court has the following limitations: Ex. Land Ex. action to Ex. Unlawful
1. shall provide a simplified and inexpensive registration recover detainer or
procedure for the speedy disposition of cases; case; probate damages; forcible entry;
2. Uniform for all courts of the same grade, and proceedings action for judicial
for allowance breach of foreclosure of
3. Shall not diminish, increase or modify
of a will. contract mortgage.
substantive rights (Art. VIII Sec. 5[5]).
Section 3. Cases governed.

ACTION CLAIM The distinction is important in determining the
EFFECT of the judgment.
An ordinary suit in a A right possessed by
court of justice one against another (C)
REAL PERSONAL MIXED
One party prosecutes The moment said ACTION ACTION ACTION
another for the claim is filed before a Ownership or personal property is Both real and
enforcement or court, the claim is possession of sought to be personal
protection of a right converted into an real property is recovered or where properties are
or the prevention or action or suit. involved damages for breach involved
redress of a wrong. of contract are
sought
Founded on Founded on privity Founded on
CLASSIFICATION OF ACTIONS. privity of of contract both
(A) estate
ORDINARY CIVIL SPECIAL CIVIL ex. Accion Ex. Action for a sum ex. Accion
ACTION ACTION reinvidicatoria of money publiciana
with a claim
for damages
Governed by ordinary Also governed by
rules ordinary rules but
SUBJECT to specific The distinction is significant in the determination of
rules prescribed (Rules venue. With respect to mixed actions, the rules on
62 to 71). venue of real actions shall govern, i.e., where the
real property is located.
Formal demand of Special features not
ones legal rights in a found in ordinary civil
court of justice in the actions (D)
manner prescribed by LOCAL ACTION TRANSITORY
the court or by the
ACTION
law
Must be brought in a Generally, must be
particular place, in brought where the
(B) the absence of an party resides
ACTION IN ACTION IN ACTION agreement to the regardless of where
REM PERSONAM QUASI IN REM contrary the cause of action
arose
Directed Directed Directed
against the against against Ex. Action to recover Ex. Action to recover
thing itself particular particular real property sum of money
persons persons
Section 5. Commencement of action.
REMEDIAL LAW COMMITTEE
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
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plaintiff has committed a delict

An action is commenced by: or wrong against him
1. filing of the complaint (the date of the filing The reason for the the remedy or means
determines whether or not the action has already action afforded or the
prescribed); and consequent relief
the formal statement right that is given
2. payment of the requisite docket fees (determined
of alleged facts the right to litigate
on the basis of the amount of the claim including because of the
the damages indicated in body or the prayer of occurrence of the
the pleading) alleged facts
Determined by facts determined by
It is not simply the filing of the complaint or the as alleged in the substantive law
appropriate initiatory pleading but also the payment complaint and not the
of the prescribed docket fee that vests a trial court prayer therein
with jurisdiction over the subject matter or nature of
the action. RELIEF REMEDY SUBJECT
MATTER
The court may allow the payment of the deficient the redress, the the thing,
docket fee within a reasonable period but not beyond protection, procedure or wrongful act,
the applicable prescriptive or reglementary period. award or type of contract or
coercive action which property which
measure which may be is
An action can be commenced by filing the complaint
by registered mail. In which case, it is the date of
mailing that is considered as the date of filing, and
not the date of the receipt thereof by the clerk of
the plaintiff availed of by directly
court. prays the court the plaintiff involved in the
to render in his as the means action,
The date of the filing of an amended complaint favor as a to obtain the concerning
joining additional defendant is the date of the consequence of desired which the
commencement of the action with regard to such the delict relief wrong has
additional defendant. committed by been done and
the defendant with respect
to which the
Section 6. Construction. controversy
has arisen.
General Rule: Liberal construction .
Exceptions: Section 4. Splitting a single cause of action, effect
of.
a. reglementary periods
b. rule on forum shopping
SPLITTING OF CAUSE OF ACTION is the practice of
dividing one cause of action into different parts and
making each part subject of a separate complaint.
RULE 2
CAUSE OF ACTION Applies NOT only to complaints but also to
counterclaims and crossclaims.
Section 2. Cause of Action, defined.
Essential elements of cause of action
1. Existence of a legal right of the plaintiff; Remedy against splitting a single cause of action:
2. Correlative legal duty of the defendant to A. Motion to dismiss on the ground of:
respect ones right; Litis pendentia, if the first complaint is still
3. Act or omission of the defendant in violation pending (Rule 16, Sec. 1[e]); or
of the plaintiffs legal right; and Res judicata, if any of the complaints is
4. Compliance with a condition precedent. terminated by final judgment (Rule 16, Sec.
1[f])
CAUSE OF ACTION RIGHT OF ACTION
delict or wrongful act remedial right or right B. An answer alleging either of the above-cited
or omission committed to relief granted by
grounds as affirmative defense (Rule 16, Sec. 6)
by the defendant in law to a party to
violation of the institute an action
primary rights of the against a person who General Rule on Divisible Contract
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A contract to do several things at several times is Not a ground for dismissal of an action. A misjoined
divisible, and judgment for a single breach of a cause of action may be severed and proceeded with
continuing contract is not a bar to a suit for a separately.
subsequent breach. There is no sanction against non-joinder of separate
causes of action since a plaintiff needs only a single
Doctrine of Anticipatory Breach cause of action to maintain an action.
Even if the contract is divisible in its performance
and the future periodic deliveries are not yet due, if RULE 3
the obligor has already manifested his refusal to PARTIES TO CIVIL ACTIONS
comply with his future periodic obligations, the
contract is entire and the breach total, hence there Section 1. Who may be parties; plaintiff and
can only be one action for damages (Blossom & Co. defendant.
vs. Manila Gas Corp., 55 Phil. 226)
REQUIREMENTS FOR A PERSON TO BE A PARTY TO A
Section 5. Joinder of causes of action. CIVIL ACTION:
Rule in this section is PERMISSIVE and the plaintiff can 1. he must be a natural or juridical person or an
always file a separate action for each cause of entity authorized by law;
action. 2. he must have a legal capacity to sue; and
3. he must be the real party in interest.
Par. (a): The joinder of causes of action may involve
the same or different parties. If the joinder involved PLAINTIFFS- Those having an interest in the subject
different parties, it must comply with Sec. 6 Rule 3, matter of the action or in obtaining the relief
thus, there must be a question of fact or law common demanded.
to both parties joined arising out of the same or
series of transactions. DEFENDANTS:
1. persons who claim an interest in the controversy
Par. (b) requires that: only causes of action in or the subject thereof adverse to the plaintiff; or
ordinary civil actions may be joined, obviously
because they are subject to the same rules. 2. who are necessary to a complete determination or
settlement of the questions involved therein; or
Par. (c) As long as one cause of action falls within the
jurisdiction of the RTC, the case can be filed there 3. all those who ordinarily should be joined as
even if the MTC has jurisdiction over the others. plaintiffs but who do not consent thereto, the
reason therefore being stated in the complaint.
Pars. (d) embodies the TOTALITY RULE
Section 33 BP129, as amended by RA 7691 - Where Neither a dead person nor his estate may be a party
there are several claims or causes of actions between plaintiff in a court actionConsidering that capacity
the same or different parties, embodied in the same to be sued is correlative of the capacity to sue, to
complaint, the amount of the demand shall be the the same extent, a decedent does not have the
totality of the claims in all the causes of actions, capacity to be sued and may not be named a party
irrespective of whether the causes of action arose out defendant in a court action (Ventura vs. Militante
of the same or different transactions. 316 SCRA 226).
SPLITTING OF JOINDER OF Section 3. Representatives as parties.

CAUSE OF ACTION CAUSES OF ACTION
REAL PARTY IN INTEREST the party who stands to
There is a single cause Contemplates several be benefited in the suit or the party entitled to the
of action causes of action avails of the suit.
PROHIBITED. Causes ENCOURAGED.
multiplicity of suits Minimizes multiplicity
and double vexation of suits and
on the part of the inconvenience on the
Impleading the beneficiary as a party in the suit is
defendant parties now mandatory, in cases allowed to be prosecuted or
defended by a representative.
Section 6. Misjoinder of causes of action. CLASSIFICATION OF PARTIES IN INTEREST

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1. Indispensable parties those without whom no INDISPENSABLE NECESSARY

final determination can be had of an action. (must be PARTIES PARTIES
joined)
The action cannot The action can
2. Necessary (or proper) parties those who are not proceed unless they proceed even in the
indispensable but ought to be parties if complete are joined absence of some
relief is to be accorded as to those already parties, or necessary parties
for a complete determination or settlement of the
No valid judgment if The case may be
claim subject of the action. (may or may not be indispensable party is determined in court
joined) not joined but the judgment
therein will not
3. Representative parties someone acting in resolve the entire
fiduciary capacity. Maybe a trustee, guardian, controversy if a
executor or administrator, or a party authorized by necessary party is not
law or these Rules. joined
An agent acting in his own name and for the benefit They are those with They are those whose
such an interest in the presence is necessary
of an undisclosed principal may sue or be sued
controversy that a to adjudicate the
without joining the principal except when the final decree would whole controversy but
contract involves things belonging to the principal necessarily affect their whose interests are so
rights so that the court far separable that a
4. Pro forma parties those who are required to be cannot proceed final decree can be
joined as co-parties in suits by or against another without their presence made in their absence
party as may be provided by the applicable without affecting
substantive law or procedural rule such as in the case them
of spouses under Sec. 4.
5. Quasi parties those in whose behalf a class or JOINT DEBTORS indispensable party with respect to
representative suit is brought. own share and a necessary party with respect to the
share of the others.
Section 5. Minor or incompetent persons.
Under the present rule, a person need not be

judicially declared to be incompetent in order that SOLIDARY DEBTORS either is indispensable and the
the court may appoint a guardian ad litem. It is other is not even a necessary party because complete
enough that he be alleged to be incompetent. relief may be obtained from either.
The suit can be brought by or against the minor or
incompetent person personally BUT with the Section 9. Non-joinder of necessary parties to be
assistance of his parents or guardian. pleaded.
The non-inclusion of a necessary party may be

excused only on meritorious grounds.
Section 6. Permissive joinder of parties.
The court may order the inclusion of the omitted
PERMISSIVE JOINDER the aggregate sum of all the necessary party if jurisdiction over his person may be
claims, determines the jurisdiction of the court. obtained by ordering plaintiff to file an amended
complaint impleading the necessary party therein as
Requisites of permissive joinder of parties. co-defendant.
1. Right to relief arises out of the same transaction
or series of transactions; The only sanction for failure to implead a necessary
2. There is a question of law or fact common to all party when ordered by the court and jurisdiction can
the plaintiffs or defendants; and be obtained over said party is a waiver of the claim
3. Such joinder is not otherwise proscribed by the against him. This is considered as an exception to the
provisions of the Rules on jurisdiction and venue. provision on penalties imposed on a disobedient party
under Sec. 3 of Rule 17 which would have entailed
SERIES OF TRANSACTIONS transactions connected the dismissal of the complaint itself.
with the same subject of the action.
Section 11. Misjoinder and non-joinder of parties.
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newspaper of general circulation in accordance with

Neither misjoinder nor non-joinder of parties is a Section 14 of Rule 14.
ground for dismissal of the action.
Section 15. Entity without juridical personality as
Objections to defects in parties should be made at defendant.
the earliest opportunity the moment such defect
becomes apparent by a MOTION TO STRIKE THE They may be sued under the name by which they are
NAMES OF THE PARTIES impleaded. generally known, but they cannot sue under such
name for lack of juridical personality.
If there is misjoinder, a separate action should be
brought against the party misjoined. The service of summons may be effected upon all the
defendants by serving upon any of them, or upon the
The absence of an indispensable party renders all person in charge of the office or place of business
subsequent actions of the court null and void for maintained under such name. (Sec. 8, Rule 14)
want of authority to act, not only as to the absent
parties but even as to those present. INSTANCES WHERE SUBSTITUTION OF PARTIES IS
PROPER:
Section 12. Class suit. A. Death of party; duty of counsel (Sec. 16)
This provision applies where the claim is not thereby
REQUISITES OF A CLASS /REPRESENTATIVE SUIT. extinguished as in cases involving property and
1. subject matter of the controversy is one of property rights such as:
common or general interest to many persons; 1. recovery of real and personal property
2. parties affected are so numerous that it is against the estate.
impracticable to bring them all before the 2. enforcement of liens on such properties
court; 3. recovery for an injury to person or property
3. parties bringing the class suit are sufficiently by reason of tort or delict committed by the
numerous or representative of the class and deceased.
can fully protect the interests of all
concerned. In this case, the heirs will be substituted for the
deceased OR if no legal representative is named then
Class Suit Permissive Joinder the court will order the opposing party to procure the
of Parties appointment of an executor or administrator for the
There is one single There are multiple estate of the deceased.
cause of action causes of action
pertaining to separately belonging In case of minor heirs, the court may appoint a
numerous persons to several persons. guardian ad litem for them.
The substitute defendant need not be summoned.

Section 14. Unknown identity or name of The ORDER OF SUBSTITUTION shall be served upon
defendant. the parties substituted for the court to acquire
jurisdiction over the substitute party
Requisites:
1. there is a defendant If there is failure to notify the fact of death: the case
2. his identity or name is unknown may continue and proceedings will be held valid, and
3. fictitious name may be used because of judgment will bind the successors in interest.
ignorance of defendants true name and said
ignorance is alleged in the complaint B. Death or separation of a party who is a public
4. identifying description may be used: sued as officer (Sec. 17)
unknown owner, heir, devisee, or other
designation The action may be maintained by and against his
5. amendment to the pleading when identity or successor.
true name is discovered
6. defendant is the defendant being sued, not a The action contemplated here is one brought against
mere additional defendant the public officer in his official capacity.
Service of summons upon a defendant whose identity C. Supervening Incompetence or incapacity of a

is unknown may be made by publication in a party (Sec. 18)
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The action shall continue to be prosecuted by or

against him, personally or assisted by the VENUE the place where an action must be
corresponding guardian. instituted and tried.
D. Transfer of interest (Sec. 19) VENUE JURISDICTION

Substitution of parties in this section is NOT
mandatory, it being permissible to continue the Place where the action Power of the court to
action by or against the original party in case of is instituted hear and decide a case
transfer of interest pendente lite. Unless the
substitution by or the joinder of the transferee is May be waived Jurisdiction over the
subject matter and
required by the court, failure to do so does not
over the nature of the
warrant the dismissal of the case. A transferee action is conferred by
pendente lite is a proper, and not an indispensable law and cannot be
party. waived
The case will be dismissed if the interest of plaintiff Procedural Substantive

is transferred to defendant UNLESS there are several
plaintiffs, in which case, the remaining plaintiffs can May be changed by the Cannot be the subject
proceed with their own cause of action. written agreement of of the agreement of
the parties the parties
Section 20. Action on contractual money claims.
The rule on VENUE IS NOT APPLICABLE in cases
Requisites: 1) Where a specific rule or law provides
1. The action must primarily be for recovery of otherwise; or
money, debt, or interest thereon, and not 2) The parties have validly agreed in writing
where the money sought therein is merely before the filing of the action on the
incidental thereto. exclusive venue thereof (Sec. 4).
2. The claim, subject of the action, arose from Requisites for venue to be exclusive
a contract, express or implied, entered into 1. A valid written agreement
by the decedent in his lifetime or the liability 2. Executed by the parties before the filing of
for which had been assumed by or is the action; and
imputable to him. 3. Exclusive nature of the venue.
If defendant dies before entry of final judgment in In the absence of qualifying or restrictive words,
the court where it was pending at that time, the venue stipulation is merely permissive meaning that
action shall not be dismissed but shall be allowed to the stipulated venue is in addition to the venue
continue until entry of final judgment thereon. provided for in the rule (Polytrade Corp. vs. Blanco
30 SCRA 187)
However, execution shall not issue in favor of the
winning party. It should be filed as a claim against the Section 1. Venue of real actions.
estate of the decedent.
If property is located at the boundaries of two
Section 21. Indigent party. places: file one case in either place at the option of
the plaintiff.
Indigent one who has no property or income
sufficient for his support aside from his labor, even if If case involves two properties located in two
he is self-supporting when able to work and in different places:
employment. He need not be a pauper to entitle him 1. If the properties are the object of the same
to litigate in forma pauperis. transaction, file it in any of the two places.
2. If they are the subjects of two distinct
While the authority to litigate as an indigent transactions, separate actions should be filed
party may be granted upon an ex parte application in each place unless properly joined.
and hearing, it may be contested by the adverse
party at any time before judgment is rendered. Section 2. Venue of personal actions.
RESIDENCE the place where the party actually
RULE 4 resides with continuity and consistency, whether
VENUE OF ACTIONS
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permanent or temporary, at the time the action is The Supreme Court has the power to order a change
instituted. of venue to prevent a miscarriage of justice.
Means of waiving venue: Dismissal of Action for Improper Venue

1. failure to object via motion to dismiss The court may not motu propio dismiss a complaint
2. affirmative relief sought in the court where on the ground of improper venue. An exception is
the case is filed provided in Section 4 of the Revised Rule on Summary
3. voluntary submission to the court where the Procedure.
case is filed
4. laches
Filing of verified RULES ON
Section 3. Venue of actions against non-residents. complaint with the
SUMMARY
MTC
PROCEDURE
RULES SUMMARY
1. NON-RESIDENT FOUND IN THE PHIL. court may court may
a. for personal actions where the summon the dismiss the case
plaintiff resides; and defendant outright
b. for real actions where the property
is located. PROCEDURE IN CIVIL
2. NON RESIDENT NOT FOUND IN THE PHIL. CASES
An action may be filed only when the W/in 10 days If Defendant fails to
from receipt of answer in 10 days
case involves: summons, The Court
The court, motu propio
a. Personal status of plaintiff venue: defendant or on plaintiffs
should
where plaintiff resides; answers, motion, may render
not
incoporating judgment based on
compulsory dismiss
facts alleged in the
counterclaim or complaint w/o the
crossclaim, and prejudice to complaint
serves a copy on R9, S3 (c)
plaintiff or
counterclaim if they are not verified.
The requirement is merely a formal
one, and not jurisdictional. It should therefore
Answer to If plaintiff fails to

counterclaim appear in prelim
and crossclaim conference, complaint
w/in 10 days may be dismissed.
Defendant entitled to
decision based on his
counterclaim. All
crossclaims dismissed.
Preliminary
conference w/in 30
days after last simply direct the
answer is filed party concerned
to have
If sole defendant
fails to appear, it
plaintiff entitled to
W/in 5 days after
judgment based on
conference, court
complaint and
issues record of
preliminary what is proved
conference therein
verified.
W/in 10 days from PROHIBITED PLEADINGS / MOTIONS

receipt of order, UNDER THE RULE ON SUMMARY
b. Any property of said defendant submission by the
PROCEDURE.
located in the Phil. venue: where parties of affidavits
and position papers 1. Motion to dismiss the
the property or any portion thereof is complaint or to quash the
situated or found. complaint or information

CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea Rendition of judgment
EDPS: Martessa Nuylan, Charissimae
w/in 30(Special
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman days from
Civil Actions and
receipt of last
affidavit, or w/in 15
days after last
clarificatory paper
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except on the ground of lack of jurisdiction executory.

over the subject matter or failure to comply
with prior barangay conciliation (referral to KATARUNGANG PAMBARANGAY LAW
the Lupon) (Title One, Book III, RA 7160)
2. Motion for a bill of particulars
3. Motion for a new trial or for reconsideration No complaint, petition, action, or proceeding
of a judgment or for reopening of trial involving any matter within the authority of the lupon
4. Petition for relief from judgment shall be filed or instituted directly in court or any
5. Motion for extension of time to file pleadings, other government office for adjudication UNLESS
affidavits, or any other paper 1. there has been a confrontation between the
6. Memoranda parties before the lupon chairman or
7. Petition for certiorari, mandamus, or pangkat, AND
prohibition against any interlocutory order 2. that no conciliation or settlement has been
issued by the court reached OR unless the settlement has been
8. Motion to declare defendant in default repudiated by the parties thereto.
9. Dilatory motions for postponement
10. Reply
11. Third party complaints CASES NOT COVERED BY THE KATARUNGANG
12. Interventions PAMBARANGAY LAW:
The filing of a prohibited pleading will not suspend 1. Where one party is the government or any
the period to file an answer or to appeal. subdivision or instrumentality thereof;
2. Where one party is a public officer or
Although a motion to dismiss is a prohibited pleading, employee, and the dispute relates to the
its filing after the answer had already been submitted performance of his official functions;
does not constitute a pleading prohibited by the 3. Offenses punishable by imprisonment
summary rules. What the rules proscribe is a motion exceeding 1 year or a fine exceeding
to dismiss that would stop the running of the period P5,000.00;
to file an answer and cause undue delay. 4. Offenses where there is no private offended
party;
While a motion to declare the defendant in default is 5. Where the dispute involves real properties
prohibited by the rules on summary procedure, the located in different cities or municipalities
plaintiff may nevertheless file a motion to render UNLESS the parties thereto agree to submit
judgment as may be warranted when the defendant their differences to amicable settlement by
fails to file an answer. an appropriate lupon;
6. Disputes involving parties who actually reside
The issuance of the pre-trial order is an important in barangays of different cities or
part of the summary procedure because it is its municipalities, EXCEPT where such barangay
receipt by the parties that begins the ten-day period units adjoin each other and the parties
to submit the affidavits and other evidence. thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
TRIAL PROCEDURE IN CIVIL CASES 7. Such other classes of disputes which the
President may determine in the interest of
No trial date is set. No testimonial evidence is justice.
required nor cross-examination of witnesses allowed.
All that is required is that within (10) days from However, the court may, at any time before trial,
receipt by the parties of the courts pre-trial order, motu proprio refer the case to the lupon concerned
they shall submit (1) the affidavits of their witnesses for amicable settlement, non criminal cases not
(2) and other evidence on the factual issues set forth falling within the authority of the latter.
in the pre-trial order, Together with their position
papers setting forth the law and the facts relied upon While the dispute is under mediation, conciliation, or
by them. arbitration, the prescriptive periods for offenses and
cause of action under existing laws shall be
Judgments of inferior courts in cases governed by interrupted upon filing of the complaint with the
summary procedure are appealable to the RTC. punong barangay.
The decision of the RTC in civil cases under this rule,

including ejectment cases, are IMMEDIATELY
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THE PARTIES MAY GO DIRECTLY TO COURT IN THE A motion to dismiss is NOT a pleading.
FOLLOWING INSTANCES: It is the allegations or averments in the pleading that
1. Where the accused is under detention; determines the jurisdiction of the court and the
2. Where the person has otherwise been nature of the action.
deprived of personal liberty calling for
habeas corpus proceeding;
3. Where the actions are coupled with
PLEADING MOTION
provisional remedies such as preliminary
injunction, attachment, delivery of personal It relates to the cause An application for an
property, and support pendente lite; and of action; interested order not included in
4. Where the action may otherwise be barred in the matters to be the judgment
by the statute of limitations. included in the
judgment.
The parties may, at any stage of the proceedings,
agree in writing to have the matter in dispute May be initiatory Cannot be initiatory as
decided by arbitration by either the Punong Barangay they are always made
or Pangkat. In such case, arbitrational hearings shall in a case already filed
in court
follow order of adjudicative trials.
Always filed before May be filed even
The settlement and arbitration agreement may be judgment after judgment
repudiated on the ground that consent is vitiated by
fraud, violence, or intimidation. Such repudiation
Section 3. Complaint.
shall be sufficient basis for the issuance of the
COMPLAINT is a concise statement of the ultimate
certification for filing a complaint in court or any
facts constituting the plaintiffs cause or causes of
government office for adjudication.
action, with a specification of the relief sought, but
it may add a general prayer for such further relief as
RULES ON VENUE UNDER THE KATARUNGANG
may be deemed just or equitable.
PAMBARANGAY LAW
1. Disputes between residents of the same
ULTIMATE FACTS - essential facts constituting the
barangay shall be brought for settlement
plaintiffs cause of action.
before lupon of said barangay
2. Residents of different barangays within the
What are NOT ultimate facts:
same city or municipality in the barangay
1. Evidentiary or immaterial facts.
where the respondent or any of the
respondents reside at the election of the
complainant 2. Legal conclusions, conclusions or inferences
of facts from facts not stated, or incorrect
3. Disputes involving real property or any
inferences or conclusions from facts stated.
interest therein- where real property or
larger portion thereof is situated
3. The details of probative matter or particulars
of evidence, statements of law, inferences
4. Disputes arising at the WORKPLACE where the
and arguments.
contending parties are employed or at the
INSTITUTION where such parties are enrolled
4. An allegation that a contract is valid or void
for study in the barangay where such
is a mere conclusion of law.
workplace or institution located.
CHART ON KATARUNGANG PAMBARANGAY, SEE PAGE 22. TEST OF SUFFICIENCY: if upon admission or proof of
the facts being alleged, a judgment may be properly
PROCEDURE IN REGIONAL TRIAL COURTS given. A fact is essential if it cannot be stricken out
without leaving the statement of the cause of action
RULE 6 insufficient.
KINDS OF PLEADINGS
Section 4. Answer
Section 1. Pleadings defined.
ANSWER the pleading where the defendant sets
PLEADINGS the written allegations of the parties of
forth his affirmative or negative defenses.
their respective claims and defenses submitted to the
court for appropriate judgment.

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2 kinds of defenses that may be set forth in the 2. Denial in the form of a negative pregnant
answer:
a. AFFIRMATIVE DEFENSES allegation of a new Section 6. Counterclaim
matter which while hypothetically admitting the
material allegations in the pleading, would COUNTERCLAIM any claim which a defending party
nevertheless prevent or bar recovery by him. It is may have against an opposing party.
in the nature of Confession and Avoidance
b. NEGATIVE DEFENSES specific denial of the Nature of counterclaim: A counterclaim is in the
material facts or facts alleged in the pleading nature of a cross-complaint. Although it may be
alleged in the answer, it is not part of the answer.
Insufficient denial or denial Filing of complaint Upon its filing, the same proceedings are had as in
amounting to w/ the Punong the original complaint. For this reason,
admissions: Barangay (PB) it must be answered within ten (10)
W/in the next working day At any time during the
days from service.
Proceedings
Section 7. Compulsory
1. General Counterclaim
Issuance of Parties agree to
RULES ON COUNTERCLAIM
summons to submit the
dispute for A counterclaim before the
the parties
arbitration MTC must be within the
and the
jurisdiction of said court,
witnesses
denial both as to the amount and nature thereof (De Chua
vs. IAC).
Arbitration Hearings
Mediation (hearing)
Failure of Settlement
mediation
efforts
Execution Repudiation of Award to be

Constitu- w/in 6 arbitration made after the
tion of the months from agreement lapse of the
Pangkat date thereof within 5 days period to
KATARUNGANG PAMBARANGAY PROCEDURE
from date of repudiate and
agreement w/in 10 days
thereafter
Pangkat convenes not
later than 3 days
from its constitution
and summons the
Execution w/in
parties
6 months from
the date of the
Pangkat must
award
arrive at a Conciliation
settlement
w/in 15 days
(hearing)
from the day
it convenes
Repudiation of
Settlement settlement w/in 10 Note: Repudiation shall
days from date only be allowed on ground
thereof of vitiation of consent by
fraud, violence or
intimidation.
Execution w/in 6
months from the Failure of Conciliation
date of settlement ISSUANCE OF hearings at the Pangkat
CERTIFICATION
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris OroneaFOR Level and of Arbitration
EDPS: Martessa Nuylan, Charissimae
FILING OF
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); hearings
A Hasiman (Special Civil
Alnaiza Actionsshall
and also lead to
COMPLAINT
Special Proceedings); Jeenice de Sagun (Criminal Procedure); IN COURT
Elaine Masukat (Evidence) the issuance of
certification for filing a
complaint in court.
20
DOCTRINE OF ANCILLARY JURISDICTION

In an original action before the RTC, the counterclaim
may be considered compulsory regardless of the
amount (Sec. 7, Rule 6 ).
If a counterclaim is filed in the MTC in excess of its

jurisdictional amount, the excess is considered
waived (Agustin vs. Bacalan). In Calo vs. Ajax Intl,
the remedy where a counterclaim is beyond the
jurisdiction of the
MTC is to set off the claims and file a separate action

to collect the balance.
COMPULSORY PERMISSIVE
COUNTERCLAIM COUNTERCLAIM
One which arises out It does not arise out of

of or is necessarily nor is it necessarily
connected with the connected with the
transaction or subject matter of the
occurrence that is the opposing partys
subject matter of the claim.
opposing partys
claim.
It does not require for It may require for its

its adjudication the adjudication the
presence of third presence of third
parties of whom the parties over whom the
court cannot acquire court cannot acquire
jurisdiction. jurisdiction.
It is barred if not set It is NOT barred even

up in the action. if not set up in the
action.
Need not be Must be answered,

answered; no default. otherwise, the
defendant can be
declared in default.
GENERAL RULE: A compulsory counterclaim not set

up in the answer is deemed barred.
EXCEPTION: If it is an after-acquired counterclaim,

that is, such claim matured after filing of the answer.
In this case, it may be pleaded by filing an amended
answer or a supplemental answer or pleading.
Section 8. Cross-claim
21
CROSS-CLAIM any claim by one party against a co- THIRD (FOURTH,ETC.) PARTY COMPLAINT a claim
party arising out of the transaction or occurrence that a defending party may, with leave of court, file
that is the subject matter either of the original against a person not a party to the action for
action or counterclaim. contribution, indemnity, subrogation or any other
relief, in respect of his opponents claim.
If it is not set up in the action, it is barred, except:
1. when it is outside the jurisdiction of the court THIRD-PARTY COMPLAINT IN
or; COMPLAINT INTERVENTION
2. if the court cannot acquire jurisdiction over third
parties whose presence is necessary for the Brings into the action Same
adjudication of said cross-claim. a third person who
was not originally a
In which case, the cross-claim is considered party.
permissive.
Initiative is with the Initiative is with a
person already a party non-party who seeks
The dismissal of the complaint carries with it the to the action. to join the action.
dismissal of a cross-claim which is purely defensive,
but not a cross-claim seeking affirmative relief. TESTS to determine whether the third-party
complaint is in respect of plaintiffs claim:
1. Where it arises out of the same transaction
Cross Claim Counterclaim 3rd-party on which the plaintiffs claim is based, or,
Complaint although arising out of another or different
transaction, is connected with the plaintiffs
Against a co- Against an Against a
claim;
party opposing party person not a
party to the 2. Whether the third-party defendant would be
action liable to the plaintiff or to the defendant for
all or part of the plaintiffs claim against the
Must arise out May arise out of Must be in original defendant; and
of the or be necessarily respect of 3. Whether the third-party defendant may
transaction connected with the assert any defenses which the third-party
that is the the transaction opponents plaintiff has or may have to the plaintiffs
subject matter or that is the claim claim.
of the orig. subject matter (Plaintiff)
action or of a of the opposing
Leave of court to file a third-party complaint may be
counterclaim partys claim, in
therein. which case, it is obtained by motion under Rule 15.
called a
compulsory Summons to new party (third, fourth, etc.) is needed
counterclaim, or for the court to obtain jurisdiction over his person,
it may not, in since he is not an original party.
which case it is
called a Where the trial court has jurisdiction over the main
permissive case, it also has jurisdiction over the third party
counterclaim.
complaint, regardless of the amount involved as a
third party complaint is merely auxiliary to and is a
Section 10. Reply. continuation of the main action (Republic v. Central
Surety & Insurance Co. L-27802, Oct. 26, 1968).
REPLY - the response of the plaintiff to the
defendants answer. Section 12. Bringing new parties.
EFFECT OF FAILURE TO REPLY: new facts that were Distinguished from 3rd-party complaint: A 3rd-party
alleged in the answer are deemed controverted. complaint is proper when not one of the third-party
Hence, the filing of the reply is optional except for defendants therein is a party to the main action. But
the denial of the genuineness and due execution of if one or more of the defendants in a counterclaim or
an actionable document used as defense in the cross-claim is already a party to the action, then the
answer. other necessary parties may be brought in under this
section.
Section 11. Third (fourth, etc.) party complaint.

22
RULE 7 1. shall be ground for summary dismissal of the

PARTS OF A PLEADING case with prejudice;
2. direct contempt.
Section 3. Signature and address.
The signature of the counsel is a certification that: RULE 8
1. That he has read the pleading; MANNER OF MAKING ALLEGATIONS IN A PLEADING
2. There is good ground to support it; and
3. It is not interposed for delay Pleadings should state ultimate facts essential to the
Only the original copies must be signed. right of action.
UNSIGNED PLEADING may be stricken out as sham
and false, and the action may proceed as though the ULTIMATE FACTS: those which directly form the
pleading has not been served. It has no legal effect. bases of the right sought to be enforced or the
defense relied upon.
Section 4. Verification. If the ultimate facts are NOT alleged, the cause of
action would be insufficient.
Pleadings need NOT be verified EXCEPT when
otherwise provided by the law or rules. Section 4. Capacity.
A verification must now be based on personal Capacity to sue and be sued either personally
knowledge or based on authentic records. or in representative capacity must be specifically
averred by the party suing or being sued, and
specifically denied by the party questioning such
capacity.
Section 5. Certification against forum shopping. Capacity is challenged by specific denial,

motion to dismiss or bill of particulars.
FORUM SHOPPING the filing of a two or more cases
based on the same cause of action in different courts Section 5. Fraud, mistake, condition of the
for the purpose of obtaining a favorable decision in condition
either.
FACTS THAT MAY BE AVERRED GENERALLY:
Test to determine the presence of forum-shopping: 1. Conditions precedent (BUT there must still be
whether in the two (or more) cases pending, there is an allegation that the specific condition
identity of (a) parties, (b) rights or causes of action, precedent has been complied with,
and (c) reliefs sought. otherwise, it will be dismissed for failure to
state a cause of action)
The certificate is to be executed by petitioner, and 2. Malice, intent, knowledge, or other condition
not by counsel. of the mind
3. Judgments of domestic or foreign courts,
Required ONLY for complaints or initiatory pleadings. tribunals, boards, or officers (no need to
show jurisdiction)
Certificate of non-forum shopping is not required in a 4. Official document or act
compulsory counterclaim (UST Hosp. vs. Surla).
FACTS THAT MUST BE AVERRED PARTICULARLY:
EFFECT OF FAILURE TO COMPLY: 1. Circumstances showing fraud or mistake in
1. Not curable by amendment of said pleading all averments of fraud or mistake
2. shall be cause for the dismissal of the case, 2. Capacity
without prejudice, unless otherwise provided,
upon motion and after hearing ACTIONABLE DOCUMENT written instrument upon
which the action or defense is based.
EFFECT OF SUBMISSION OF FALSE CERTIFICATION
OR NON-COMPLIANCE WITH THE UNDERTAKINGS
THEREIN: Two permissible ways of pleading an actionable
1. indirect contempt document:
2. administrative and criminal actions 1. By setting forth the substance of such
document in the pleading and attaching said
EFFECT OF WILFULL AND DELIBERATE FORUM document thereto as an annex (contents of
SHOPPING: the document annexed are controlling, in
23
case of variance in the substance of the 3. By an allegation of lack of knowledge or

document set forth in the pleading and in the information sufficient to form a belief as to
document attached); or the truth of the averment in the opposing
2. By setting forth said document verbatim in partys pleading (must be made in good
the pleading. faith).
Where the actionable document is properly A denial must not be general. A general denial is
alleged, the failure to specifically deny under oath regarded as an admission of the facts stated in the
the same results in: complaint and entitles plaintiff to a judgment on the
1. The admission of the genuineness and due pleadings.
execution of said document, EXCEPT that an
oath is not required: NEGATIVE PREGNANT a form of denial which at the
a. When the adverse party was not a party same time involves an affirmative implication
to the instrument; and favorable to the opposing party; It is in effect, an
b. When an order for the inspection of the admission of the averment to which it is directed; It
original document was not complied with. is said to be a denial pregnant with an admission of
2. The document need not be formally offered in the substantial facts in the pleading responded to.
evidence.
Section 11. Allegation not specifically denied
GENUINENESS deemed admitted.
That the document is not spurious, counterfeit, or of
different import on its face from the one executed by GENERAL RULE: Allegations NOT specifically denied
the party, or that the party whose signature it bears deemed admitted (such as allegations of usury in the
has signed it and that at the time it was signed it was complaint, and the authenticity and due execution of
in words and figures exactly as set out in the actionable documents).
pleadings. EXCEPTIONS:
1. Allegations as to the amount of unliquidated
DUE EXECUTION damages
That the document was signed voluntarily and 2. Immaterial allegations;
knowingly by the party whose signature appears 3. Incorrect conclusions of fact.
thereon.
RULE 9
Defenses that the opposing party may set up even EFFECT OF FAILURE
after failure to deny under oath: TO PLEAD
1. Mistake;
2. fraud; Section 1. Defenses and objections not pleaded.
3. compromise; GENERAL RULE: Defenses and objections that are not
4. payment; pleaded in a MOTION TO DISMISS or in the answer are
5. prescription; deemed waived.
6. want or illegality of consideration; or EXCEPTIONS (not waived even if not raised):
7. estoppel 1. Lack of jurisdiction over the subject matter
2. Litis pendentia
BUT the following defenses are waived: 3. Res judicata
a. forgery in the signature; 4. Prescription of the action
b. want of authority of an agent or corporation;
c. want of delivery; or These defenses may be raised at any stage of the
d. the party charged signed the instrument in proceedings even for the first time on appeal EXCEPT
some other capacity that lack of jurisdiction over the subject matter may
be barred by laches. (Tijam vs. Sibonghanoy).
Section 10. Specific Denial
The presence of these grounds authorizes the court
THREE WAYS OF MAKING A SPECIFIC DENIAL: to motu proprio dismiss the claims. These grounds
1. By specifically denying each material must, however, appear from the pleadings or the
allegation of the other party and, whenever evidence on record.
possible, setting forth the substance of the
matters relied upon for such denial; Section 3.
2. Part admission or part denial;

24
DEFAULT the failure of the defendant to answer answer to the amended complaint as to which he was
within the proper period. It is not his failure to not in default.
appear nor failure to present evidence.
EFFECT OF ORDER OF DEFAULT:
1. While the party in default cannot take part in
the trial, he is nonetheless entitled to notice
of subsequent proceedings.
2. He may still be called on as a witness, in
behalf of the non-defaulting defendants.
DEFAULT
ORDER OF DEFAULT JUDGMENT BY
DEFAULT After the
lapse of time
issued by the court, Rendered by the court to file an
on plaintiffs motion following a default answer, the Motion denied:
for failure of the order or after it plaintiff may Defendant
defendant to file his received, ex parte, move to allowed to file an
declare the answer
responsive pleading plaintiffs evidence.
seasonably. defendant in
default
Interlocutory - not Final appealable
appealable
Defendant
answers
NO default may be declared in the following actions:
1. Annulment of marriage Motion granted:
Court issues order
2. Declaration of nullity of marriage of default and
3. Legal Separation renders judgment,
4. Special civil actions of certiorari, prohibition or require plaintiff
and mandamus where comment instead of an to submit evidence
ex parte.
answer is required to be filed
The court cannot motu proprio declare a defendant

in default. For defendant to be declared in default, Court
the plaintiff must: maintains
1. File a MOTION to declare defendant in Before judgment order of
default by default is default
2. Prove that summons have been properly rendered,
defendant may:
served on the defendant move to set aside
3. Prove that the defendant really failed to order of default
answer within the proper period. upon showing:
FAME
CAUSES OF DEFAULT He has a
meritorious
1. Failure to answer within the proper period defense
2. Non-compliance with the order of the court Avail of Rule 65 in
to file a bill of particulars or in case of proper cases
insufficient compliance therewith (Rule 12,
Section 4)
3. Refusal to comply with the modes of Presentation
discovery (Rule 29, Section 3, par. c) of plaintiffs
4. Failure to furnish plaintiff with a copy of the Court sets aside
evidence ex-
parte
answer order of default and
defendant is allowed
If the defendant was declared in default upon an to file an answer
original complaint, the filing of the amended
complaint resulted in the withdrawal of the original If plaintiff If plaintiff
proves his fails to prove
complaint, hence, the defendant was entitled to file allegations, his allega-
REMEDIAL LAW COMMITTEE judgment by tions, case is
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea Case
EDPSset for
: Martessa Nuylan, Charissimae
default. dismissed.
pre-trial
25
damages.
PARTIAL DEFAULT: RULE 10

1. The pleading asserting a claim states a AMENDED AND SUPPLEMENTAL PLEADINGS
common cause of action against several
defending parties AMENDMENTS
2. some of the defending parties answer and the Section 1. Amendments in general.
others fail to do so
3. the answer interposes a common defense When the complaint is amended, 2 situations may
arise:
EFFECT OF PARTIAL DEFAULT: The court will try the 1. If the complaint merely corrects or modifies
case against ALL defendants upon the answer of some the original complaint, then the action is
EXCEPT where the defense is personal to the one who deemed commenced upon the filing of the
answered, in which case, it will not benefit those original complaint;
who did not answer. 2. If the amended complaint alleges a new
cause of action, then that cause of action is
REMEDY FROM JUDGMENT BY DEFAULT (FLOW deemed commenced upon the filing of the
CHART) amended complaint.
Section 2. Amendments as a matter of right.

Judgment by default
Amendment for the first time is a matter of right

before a responsive pleading is filed, or in case of a
Reply, within 10 days after it was served.
Motion for new trial or reconsideration at
any time after service of judgment by
default and within 15 (30) days therefrom
Since a motion to dismiss is NOT a responsive
pleading, an amendment may be had even if an order
of dismissal has been issued as long as the
amendment is made before order of dismissal
Failure to file motion for new trial/ becomes final.
Denial of said motion
Section 3. Amendments by leave of court.
Perfect appeal from said judgment by Instances when amendment by leave of court may
default within the balance of said not be allowed:
15 (30) - day period 1. When cause of action, defense or theory of
the case is changed;
2. Amendment is intended to confer jurisdiction
to the court;
Failure to appeal without
defendants faulk 3. Amendment to cure a premature or non-
existing cause of action;
4. Amendment for purposes of delay.
Section 5. Amendment to conform to or authorize
Petition for relief from judgment within presentation of evidence.
60 days from notice of the judgment but
within 6 months from entry thereof
1ST PART: refers to amendment to conform to
evidence when issues NOT raised by the pleadings are
tried with the express or implied consent of the
Annulment of Judgment parties
under Rule 47 - but failure to amend does NOT affect the result of
the trial of these issues
EXTENT OF RELIEF TO BE AWARDED IN A JUDGMENT
BY DEFAULT: 2ND PART: refers to amendment to authorize
Shall not exceed the amount OR be different in kind presentation of evidence if evidence is objected to at
from that prayed for NOR award unliquidated the trial on the ground that it is not within the issues
made by the pleadings.

26
SUPPLEMENTAL PLEADINGS a. if it has a resident agent within 15 days

A cause of action which accrued after the filing of the after service of summons to him
original complaint may, in the discretion of the court, b. if it has no resident agent, but it has an
be pleaded in a supplemental complaint if there was agent or officer in the Philippines within
a valid subsisting cause of action at the time the 15 days after service of summons to said
original complaint was filed. agent or officer
c. if it has no resident agent nor agent nor
officer in which case service of
summons is to be made on the proper
AMENDED SUPPLEMENTAL
government office which will then send a
PLEADING PLEADING copy by registered mail to the home
office of the foreign private corporation
Refers to facts Refers to facts arising within 30 days after receipt of summons
existing at the time of after the filing of the
by the home office of the foreign private
the commencement original pleading.
of the action. entity.
Take the place of the Taken together with 3. In case of service of summons by publication
original pleading. the original pleading. within the time specified in the order granting
leave to serve summons by publication, which
Can be made as a Always with leave of shall NOT be less than 60 days after notice (Rule
matter of right as court 14, Sec.15).
when no responsive
pleading has yet been 4. In case of a non-resident defendant on whom
filed
extraterritorial service of summons is made, the
period to answer should be at least 60 days.
Section 7. Filing of amended pleadings.
The court may extend the time to file the pleadings
The amended pleading supersedes the original BUT may NOT shorten them.
pleading.
The 15-day period begins to run from receipt of
An amendment which merely supplements and summons.
amplifies facts originally alleged in the complaint
relates back to the date of the commencement of the Section 3. Answer to amended complaint.
action and is not barred by the statute of limitations 1. If the filing of an amended complaint is a
which expired after service of the original matter of right - within 15 days from service
complaint. of the amended complaint.
EFFECT OF AMENDED PLEADING: 2. If the filing of the amended complaint is NOT
1. Admissions in the superseded pleading can a matter of right within 10 days counted
still be received in evidence against the from notice of the court order admitting the
pleader; same.
2. Claims or defenses alleged therein but not
incorporated or reiterated in the amended If no new answer is filed by the defendant in case an
pleading are deemed waived. amendment has been made after he had filed his
answer, the original answer of the defendant may
The amended or superseded, original pleading is not serve as the answer to the amended complaint, and
expunged but remains on the record although the hence, cannot be declared in default.
admission of the amended pleading amounts to
withdrawal of the original pleading. Section 5. Answer to third (fourth, etc.)-party
complaint.
RULE 11 The third-party defendant is served with summons
WHEN TO FILE RESPONSIVE PLEADINGS just like the original defendant, hence, he also has
15, 30, 60 days from service of summons, as the case
Answer to the complaint may be, to file his answer.
1. Within 15 days after service of summons, UNLESS
a different period is fixed by the Court (Sec. 1) Section 7. Answer to supplemental complaint.
Leave of court is required in filing, the court may fix
2. In case the defendant is a foreign private a different period for answering the supplemental
juridical entity:
27
complaint in lieu of the reglementary 10-day period.

3. If defendant, his answer will be stricken off
Section 10. Omitted counterclaim or cross-claim. and his counterclaim dismissed, and he will
The pleader may set up a counterclaim or cross-claim be declared in default upon motion of the
by amendment before judgment when he fails to set plaintiff (Rule 12, sec. 4; Rule 17, sec. 4;
it up by reason of oversight, inadvertence, or Rule 9, sec. 3).
excusable neglect ort when justice requires. Leave
of court is necessary.
RULE 13
RULE 12 FILING AND SERVICE OF PLEADINGS, JUDGMENTS
BILL OF PARTICULARS AND OTHER PAPERS
BILL OF PARTICULARS- a more definite statement of Notice given to a party who is duly represented by
any matter which appears vague or obscure in a counsel is a nullity, unless service thereof on the
pleading. party himself was ordered by the court or the
technical defect was waived.
PURPOSE: to aid in the preparation of a responsive
pleading.
Section 3. Manner of filing.
Motion for bill of particulars must be filed within the 1. Personally
reglementary period for the filing of a responsive 2. by registered mail
pleading. The filing of a motion if sufficient in form
and substance, will interrupt the time to plead. Filing by mail should be through the registry service
which is made by deposit of the pleading in the post
The motion for bill of particulars may be granted in office, and not through other means of transmission.
whole or in part as not all the allegations questioned
by the movant are necessarily ambiguous as to If registry service is not available in the locality of
require clarification. either sender or addressee, service may be done by
ordinary mail.
A bill of particulars may be filed either in a separate
or an amended pleading. If a private carrier is availed of by the party, the date
A bill of particulars becomes part of the pleading of actual receipt by the court of such pleading and
which it supplements. not the date of delivery to the carrier, is deemed to
be the date of the filing of that pleading.
EFFECTS OF MOTION
1. If the motion is granted, the movant can wait NOTE: PERSONAL and SUBSTITUTED service as applied
until the bill of particulars is served on him to pleadings have a different meaning compared to
by the opposing party and then he will have summons under Rule 14.
the balance of the reglementary period
within which to file his responsive pleading.
2. If his motion is denied, he will still have such MODES OF SERVICE

balance of the reglementary period to do so, PLEADINGS
counted from service of the order denying his 1. PERSONAL SERVICE
motion. In either case, he will have at least 5 a. Delivering personally a copy to the party or
days to file his responsive pleading. his counsel or;
b. Leaving a copy in counsels office with his
Effect of non-compliance: clerk or with a person having charge thereof
1. If the Order is not obeyed or in case of or;
insufficient compliance therewith, the court: c. Leaving the copy between 8 a.m. and 6 p.m.
a. may order the striking out of the at the partys or counsels residence, if
pleading or the portion thereof to known, with a person of sufficient age and
which the order is directed; or discretion residing therein---if no person
b. make such order as it may deem just. found in his office, or if his office is unknown,
or if he has no office.
2. If plaintiff, his compliant will be stricken off
and dismissed (Rule 12, sec. 4; Rule 17, sec. 2. SERVICE BY MAIL
3)
28
If no registry service is available in the locality, of b. Official return of the server; or

either sender or addressee, service may be done by c. Affidavit of the party serving.
ordinary mail.
2. Proof of service by ordinary mail: Affidavit of the
3. SUBSTITUTED SERVICE person mailing;
Delivering the copy to the clerk of court with proof of
failure of both personal and service by mail.
3. Proof of service by registered mail:
JUDGMENTS, FINAL ORDERS, RESOLUTIONS (Sec.9) a. Affidavit, and
1. By personal service; or b. Registry receipt issued by the mailing office.
2. By registered mail;
3. By publication, if party is summoned by Section 14. Notice of lis pendens.
publication and has failed to appear in the
action. LIS PENDENS - a notice of a pendency of the action
between the parties involving title to or right of
They can be served only under the three modes. possession over real property.
They CANNOT be served by substituted service. It serves as a warning to all persons, prospective
purchasers or encumbrancers of the property in
NOTE: A resort to modes other than by personal litigation to keep their hands off the property in
service must be accompanied by a written litigation unless they are prepared to gamble on the
explanation why the service or filing was not done result of the proceedings.
personally (Sec. 11).
The defendant may also record a notice of lis
Section 10. Completeness of service. pendens when he claims an affirmative relief in his
answer.
1. Personal service
a. by handling a copy to defendant; or Notice of lis pendens CANNOT be cancelled on an ex
b. tendering him copy if he refuses; parte motion or upon the mere filing of a bond by the
c. complete upon actual delivery party on whose title the notice is annotated, as
section 14 provides that such cancellation may be
2. Service by ordinary mail: authorized ONLY upon order of court, after proper
Complete upon expiration of 10 days after showing that:
mailing, unless the court provides otherwise. 1. The notice is for the purpose of molesting the
adverse party; or
3. Service by registered mail: 2. It is not necessary to protect the rights of the
a. Complete upon actual receipt by the party who caused it to be recorded.
addressee; or
b. After 5 days from the date he received the 1 st RULE 14
notice of the postmaster, whichever date is SUMMONS
earlier.
PURPOSE OF SUMMONS:
Section 12. Proof of filing. 1. to acquire jurisdiction over the person of the
Filing is proved by its existence in the record of the defendant, and;
case. 2. to give notice to the defendant that an action
has been commenced against him.
If it is not in the record, and:
If filed personally: proved by the written or EFFECT OF NON-SERVICE: Unless there is waiver,
stamped acknowledgment of its filing by the clerk of non-service or irregular service renders null and void
court on a copy of the same; or all subsequent proceedings and issuances in the
action from the order of default up to and including
If filed by registered mail: proved by -the registry the judgment by default and the order of execution.
receipt and the affidavit of the person who did the
mailing. Where the defendant has already been served with
summons on the original complaint, no further
Section 13. Proof of service summons is required on the amended complaint if it
1. Proof of personal service: does not introduce new causes of action.
a. Written admission of the party served; or
29
But where the defendant was declared in default on no legal guardian, the
the original complaint and the plaintiff subsequently
filed an amended complaint, new summons must be plaintiff must obtain the
served on the defendant on the amended complaint, appointment of a guardian
ad litem for him.
as the original complaint was deemed withdrawn
upon such amendment. Service upon Serve on officer having
prisoner management of the jail or
prison
Section 3. By whom served.
Summons may be served by: Service upon To the president,
1. Sheriff domestic private managing partner, general
2. Sheriffs deputy, or juridical entity manager, corporate
3. Other proper court officers, or ENTITY secretary, treasurer, or in-
4. For justifiable reasons, by any suitable person house counsel.
NOTE: Service upon a
authorized by the court issuing the summons.
person other than those
mentioned is invalid and
Enumeration is EXCLUSIVE. does not bind the
corporation. The
ALIAS SUMMONS issued when original has not enumeration is
produced its effect because it is defective in form or EXCLUSIVE.
manner of service, and when issued, supersedes the
first (Section 5). Service upon Serve on resident agent ;
foreign private or if none; on govt
juridical entity official designated by law;
KINDS OF SERVICE OF SUMMONS:
or
1. personal service on any officer or agent of
2. substituted service the corporation within the
3. by publication Philippines.
In actions in personam where the defendant cannot Service upon in case defendant is the
be served with summons personally or by substituted public Republic of the Philippines
service, the case must first be converted into an in corporations - by serving upon the
rem or quasi in rem action by attaching the property Solicitor General
of the defendant found in the Philippines before in case of a province, city
or municipality, or like
summons can be served by publication. If no
public corporations by
property can be found, the action shall be archived serving on its executive
but shall not be dismissed. (Citizens Surety vs. Court head, or on such other
Appeals) officer or officers as the
law or the court may
SERVICE OF SUMMONS ON DIFFERENT ENTITIES direct.
Service on entity Upon any or all Extraterritorial Requisites

w/o juridical defendants being sued service a. defendant does
personality under common name; or not reside or is
person in charge of office not found within
the Phil.
Service upon In case of minors: by b. he action either:
minors and serving upon the minor, affects the personal
incompetents regardless of age, AND status of plaintiff;
upon his legal guardian, or relates to or the
also upon either of his subject of which is
parents. property within the
In case of incompetents: Philippines in
by serving on him which defendant
personally AND upon his has a lien or
legal guardian, but not interest;
upon his parents, unless
when they are his legal
guardians
IN ANY EVENT, if the
minor or incompetent has
30
demands a relief RULE 15

which consists MOTIONS
wholly or in part in
excluding the
defendant from
any interest in any MOTION is an application for relief other than by a
property within the pleading.
Phil; or
property of GENERAL RULE: Motions must be in writing.
defendant has EXCEPTION: Those made in open court or in the
been attached in course of hearing or trial.
the Phil.
KINDS OF MOTIONS
Mode of service
a. with leave of court
served outside the a. motion EX PARTE- made without the presence or
Phil. By personal a notification to the other party because the
service; or question generally presented is not debatable.
b.with leave of court
serve by publication b. motion OF COURSE where the movant is
in a newspaper of entitled to the relief or remedy sought as a
general circulation, matter of discretion on the part of the court.
in which case copy of
the summons and
c. LITIGATED motion one made with notice to the
order of court must
also be sent by adverse party to give an opportunity to oppose.
registered mail to
the last known d. SPECIAL motion- motion addressed to the
address of discretion of the court.
defendant; or
c. any other manner the GENERAL RULE: A motion cannot pray for judgment.
court deem EXCEPTIONS:
sufficient. 1. Motion for judgment on the pleadings
2. Motion for summary judgment
Service upon a Substituted service or
3. Motion for judgment on demurrer to
resident with leave of court,
temporarily out of personal service out of the evidence.
the Phil. Phil. as under
extraterritorial service Section 4. Hearing on motion.
3-DAY NOTICE RULE
Service upon an With leave of court, by GENERAL RULE: Service of the copy of motions
unknown publication in a should be made in such a manner as shall ensure its
defendant or newspaper of general receipt at least 3 days before the hearing.
whose circulatiuon EXCEPTIONS:
whereabouts are
1. Ex parte motions
unknown
2. Urgent motions
3. Motions agreed upon by the parties to be
heard on shorter notice or jointly submitted
Section 20. Voluntary appearance. by the parties, and
4. Motions for summary judgment which must be
Any form of appearance in court, by the defendant, served at least 10 days before its hearing
by his agent authorized to do so, or by attorney, is 5. Non-litigated motions.
equivalent to service of summons EXCEPT where such
appearance is precisely to object to the jurisdiction Section 5. Notice of hearing.
of the court over the person of the defendant. NOTICE OF HEARING shall:
1. Be addressed to all parties concerned
Inclusion in a motion to dismiss of other grounds aside 2. Specify the time and date of the hearing
from lack of jurisdiction over the person of the which must not be later than 10 days after
defendant shall NOT be deemed a voluntary the filing of the motion
appearance.

31
NOTE: Any motion that does not comply with Sections to the filing of the completed the
4, 5 and 6 of this Rule is a mere scrap of paper, answer of the presentation of his
should not be accepted for filing and, if filed, is not defending party to the evidence.
entitled to judicial cognizance and does not affect pleading asserting the
claim against him.
any reglementary period involved for the filing of the
requisite pleading.
If denied, defendant If denied, defendant
answers, or else he may present evidence
Omnibus Motion Rule - All available grounds for may be declared in if granted, plaintiff
objection in attacking a pleading, order, judgment, or default appeals and the Order
proceeding should be invoked at one time, otherwise, If granted, plaintiff of the dismissal is
they shall be deemed waived. may appeal or if reversed, the
subsequent case is not defendant loses his
Motion for leave to file a pleading or motion shall be barred, he may re-file right to present
accompanied by the pleading or motion sought to be the case evidence.
admitted, otherwise, the latter will be denied.
Effect of motion to dismiss: A motion to dismiss
RULE 16 hypothetically admits the truth of the facts alleged in
MOTION TO DISMISS the complaint.
A Motion to Dismiss is NOT a responsive pleading. However, such admission is limited only to all
material and relevant facts which are well pleaded in
Section 1. Grounds. the complaint.
1. No jurisdiction over the person of the
defending party An action cannot be dismissed on a ground not
2. No jurisdiction over the subject matter of the alleged in the motion even if said ground is provided
claim for in Rule 16.
3. Improper venue
4. No legal capacity to sue EXCEPT:
5. Litis pendentia 1. Those cases where the court may dismiss a
6. Res judicata case motu proprio (Sec. 1, Rule 9)
7. Prescription 2. Such ground appears in the allegations of the
8. States no cause of action complaint or in plaintiffs evidence
9. Claim or demand has been paid, waived, REQUISITES OF LITIS PENDENTIA

abandoned, or otherwise extinguished 1. Parties to the action are the same
10. Claim is unenforceable under the Statute of 2. There is substantial identity in the cause of
Frauds action and relief sought
11. Non-compliance with a condition precedent 3. The result of the first action is determinative
for filing claim of the second in any event and regardless of
which party is successful
Motion to dismiss may be filed in either suit, not

MOTION TO DISMISS MOTION TO DISMISS necessarily in the one instituted first.
UNDER RULE 16 UNDER RULE 33
(demurrer to REQUISITES OF RES JUDICATA
evidence) 1. Previous final judgment
2. Jurisdiction over the subject matter and the
Grounded on based on insufficiency parties by the court rendering it
preliminary of evidence. 3. Judgment upon the merits
objections. 4. In a case prosecuted between same parties
5. Involving the same subject matter
may be filed by any May be filed only by 6. Same cause of action
defending party the defendant against
against whom a claim the complaint of the There could be res judicata without a trial, such as in
is asserted in the plaintiff.
a judgment on the pleadings (Rule 34); a summary
action.
judgment (Rule 35); or an order of dismissal under
should be filed within May be filed only after Section 3 of Rule 17.
the time for but prior the plaintiff has
32
When the ground for dismissal is that the complaint of the pleading challenged by the motion, in which
states no cause of action, such fact can be case, the balance of the period to answer runs from
determined only from the facts alleged in the his receipt of the amended pleading.
complaint.
Where the plaintiff has not exhausted all Section 5. Effect of dismissal
administrative remedies, the complaint not having GENERAL RULE: The action or claim may be refiled.
alleged the fact of such exhaustion, the same may be EXCEPTION: The action cannot be refiled if it was
dismissed for failure to state a cause of action. dismissed on any of these grounds:
1. Res judicata;
Non-compliance with P.D. 1508 (Katarungang 2. Prescription;
Pambarangay Law) may result to dismissal of the case 3. Extinguishment of the claim
on the ground of non-compliance with a condition or demand;
precedent. 4. Unenforceability under the
Statute of Frauds.
An action cannot be dismissed on the ground that the
complaint is vague or indefinite. The remedy of the Section 6. Pleading grounds as affirmative
defendant is to move for a bill of particulars or avail defenses.
of the proper mode of discovery. If no motion to dismiss had been filed, any of the
grounds for dismissal provided for in Rule 16,
GENERAL TYPES OF A MOTION TO DISMISS INCLUDING IMPROPER VENUE, may be pleaded as
1. motion to dismiss before answer under Rule 16 affirmative defenses and preliminarily heard in the
2. motion to dismiss under Rule 17 discretion of the court.
a. upon notice by plaintiff
b. upon motion of plaintiff Dismissal under this section WITHOUT prejudice to
c. due to fault of plaintiff the prosecution in the same or separate action of a
3. motion to dismiss on demurrer to evidence COUNTERCLAIM pleaded in the answer
after plaintiff has rested his case under Rule 33
4. motion to dismiss the appeal filed either in the RULE 17
lower court (Rule 41,Sec. 13) or in the DISMISSAL OF ACTIONS
appellate court (Rule 50, Sec.1 ).
Section 1. Dismissal upon notice by plaintiff.
Dismissal is effected not by motion but by mere

EFFECTS OF REMEDY
NOTICE of dismissal which is a matter of right BEFORE
ACTION ON MTD the defendant has answered or moved for a summary
Order granting motion Appeal from the order judgment.
to dismiss is final of dismissal
order
But notice of dismissal requires an order of the court
Order denying the Certiorari and
motion to dismiss is prohibition if there is
confirming the dismissal.
interlocutory grave abuse of Such dismissal is WITHOUT PREJUDICE,
discretion amounting EXCEPT:
to lack or excess of 1. Where the notice of dismissal so provides;
jurisdiction under Rule 2. Where the plaintiff has previously dismissed
65 the same case in a court of competent
jurisdiction (TWO-DISMISSAL RULE);
3. Even where the notice of dismissal does not
Section 4. Time to plead. provide that it is with prejudice but it is
premised on the fact of payment by the
Defendant is granted only the balance of the defendant of the claim involved.
reglementary period to which he was entitled at the
time he filed his motion to dismiss, counted from his Section 2. Dismissal upon motion of plaintiff.
receipt of the denial order, but not less than 5 days in
any event. Where the plaintiff moves for the dismissal of his
complaint to which a counterclaim has been
The same rule of granting only the balance of the interposed, the dismissal shall be limited to the
period is followed where the court, instead of complaint.
denying the motion to dismiss, orders the amendment
33
Such dismissal shall be without prejudice to the right

of the defendant to either:
SECTION 2 SECTION 3
1. Prosecute his counterclaim in a separate
action, Dismissal is at the Dismissal is not
instance of the procured by plaintiff
In this case, the court should render the plaintiff; though justified by
corresponding order granting and reserving causes imputable to
his right to prosecute his claim in a separate him;
complaint.
Dismissal is a matter Dismissal is a matter
-OR- of procedure, without of evidence, an
prejudice unless adjudication on the
otherwise stated in merits;
2. To have the same resolved in the same
the order of the court
action. or on plaintiffs
motion to dismiss his
In such case, defendant must manifest such own complaint;
preference to the trial court within 15 days
from notice to him of plaintiffs motion to Dismissal is without Dismissal is without
dismiss. prejudice to the right prejudice to the right
of the defendant to of the defendant to
These alternative remedies of the defendant are prosecute his prosecute his
available to him REGARDLESS OF WHETHER HIS counterclaim in a counterclaim on the
separate action unless same or separate
COUNTERCLAIM IS COMPULSORY OR PERMISSIVE.
w/in 15 days from action.
notice of the motion
Dismissal under this rule is WITHOUT PREJUDICE, he manifests his
EXCEPT: intention to have his
1. When otherwise stated in the motion to counterclaim resolved
dismiss; in the same action
2. When stated to be with prejudice in the order
of the court.
RULE 18
The approval of the court is necessary in the PRE-TRIAL
dismissal or compromise of a class suit.
PRE-TRIAL- a mandatory conference and personal
Section 3. Dismissal due to fault of plaintiff. confrontation before the judge between the parties
and their respective counsel.
CAUSES FOR DISMISSAL
1. Plaintiff fails to appear for no justifiable The plaintiff must promptly move ex parte that the
cause on the date of the presentation of his case be set for pre-trial , and this he must do upon
evidence in chief on the complaint the service and filing of the last pleading.
2. Plaintiff fails to prosecute his action for an
unreasonable length of time (NOLLE The pre-trial and trial on the merits of the case must
PROSEQUI) be held on separate dates.
3. Plaintiff fails to comply with these Rules or
any order of the court. Unjustifiable inaction When non-appearance of a party may be excused
on the part of plaintiff to have the case set (Sec.4):
for trial is a ground for dismissal for failure 1. If a valid cause is shown therefore
to prosecute. 2. If a representative shall appear in his behalf
fully authorized in writing to:
Complaint may be dismissed a. Enter into an amicable settlement
1. Upon motion of the defendant, or b. Submit to alternative modes of dispute
2. Upon courts own motion. resolution
c. Enter into stipulations or admissions of
Dismissal shall have the effect of an ADJUDICATION facts and of documents
UPON THE MERITS (WITH PREJUDICE), unless
otherwise declared by the court. A special authority for an attorney to compromise is
required under Sec. 23, Rule 138. Under Art. 1878

34
(c) of the Civil Code, a special power of attorney is

required. WHO may intervene?
EFFECT OF NON-APPEARANCE OF PLAINTIFF: 1. One who has legal interest in the matter in
Cause for dismissal of the action, with prejudice, litigation
unless otherwise ordered by the court. 2. One who has legal interest in the success of
either of the parties,
EFFECT OF NON-APPEARANCE OF DEFENDANT: 3. One who has an interest against both parties
Cause to allow the plaintiff to present evidence ex 4. One who is so situated as to be adversely
parte and the court to render judgment on the basis affected by a distribution or other disposition
thereof. of property in the custody of the court or of
an officer thereof.
Pre-trial brief. It is the mandatory duty of the
parties to seasonably file their pre-trial briefs under FACTORS TO BE CONSIDERED BY THE COURT
the conditions and with the sanctions provided 1. Whether or not the intervention will unduly
therein. delay or prejudice the adjudication of the
rights of the original parties;
Failure to file pre-trial brief has the same effect as
failure to appear at the pre-trial. 2. Whether or not the intervenors rights may be
fully protected in a separate proceeding.
Record of pre-trial. The contents of the PRE-TRIAL
order shall control the subsequent course of the The interest which entitles a person to intervene in a
action, UNLESS modified before trial to prevent suit must be on the matter in litigation and of such
manifest injustice. direct and immediate character that the intervenor
will either gain or lose by the direct legal operation
A party is deemed to have waived the delimitations in and effect of the judgment.
a pre-trial order if he failed to object to the
introduction of evidence on an issue outside of the
pre-trial order, as well as in cross-examining the
INTERVENTION INTERPLEADER
witness in regard to said evidence.
An ancillary action. An original action.
FOR CHART ON PRE-TRIAL PLS. SEE THE NEXT PAGE.
Proper in any of the Presupposes that the

four situations plaintiff has no
mentioned in this interest in the subject
PRE-TRIAL Rule. matter of the action
or has an interest
therein, which in
whole or in part, is not
disputed by the other
parties to the action.
No Amicable Failure to Appear
Settlement Settlement
Defendants are Defendants are being
already original sued precisely to
parties to the pending implead them
Agreements suit
made by parties; If plaintiff is If defendant
Amendments to Absent, when is absent,
pleading; so required to court may
Section 2. Time to
Schedule of trial attend, the hear evidence
court may of plaintiff intervene.
dismiss the ex parte At any time before
case rendition of judgment by
the trial court.
RULE JUSTIFICATION: Before
TRIAL
19 judgment is rendered, the
court, for good cause
INTERVENTION If evidence is insufficient to
shown, may still allow the
prove plaintiffs cause of
REMEDIAL LAW COMMITTEE Court action or defendants
renders counterclaim, court rules in
decision
Special Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukatfavor of either one or
(Evidence)
dismisses the case
35
introduction of additional evidence and that is still imprisonment and is confined in prison must be
within the liberal interpretation of the period for authorized by the SC.
trial.
Section 4. QUASHING A SUBPOENA.
Since no judgment has yet been rendered, the matter A. Subpoena DUCES TECUM may be quashed upon
subject of the intervention may still be readily proof that:
resolved and integrated in the judgment disposing of 1. It is unreasonable and oppressive;
all claims in the case. 2. The articles sought to be produced do not
appear prima facie to be relevant to the
REMEDIES FOR THE DENIAL OF INTERVENTION: issues;
1. APPEAL 3. The person asking for the subpoena does not
2. MANDAMUS if there is grave abuse of advance the cost for the production of the
discretion articles desired.
If there is improper granting of intervention, the
remedy of the party is certiorari. B. Subpoena AD TESTIFICANDUM may be quashed if
the witness is not bound thereby.
RULE 21
SUBPOENA In EITHER case, the subpoena may be quashed for
failure to tender the witness fees and kilometrage
allowed by the Rules.
SUBPOENA SUMMONS GENERAL RULE
an order to appear and Order to answer a. The court which issued the subpoena may
testify or to produce complaint
issue a warrant for the arrest of the witness
books and documents
and make him pay the cost of such warrant
may be served to a Served on the
non-party defendant and seizure, if the court should determine
needs tender of does not need tender that his disobedience was willful and without
kilometrage, of kilometrage and just cause (Sec. 8);
attendance fee and other fees
reasonable cost of b. The refusal to obey a subpoena without
production fee adequate cause shall be deemed a contempt
of the court issuing it (Sec.9).
SUBPOENA AD TESTIFICANDUM a process directed Exceptions:
to a person requiring him to attend and to testify at Provisions regarding the compelling of attendance
the hearing or the trial of an action, or at any (Sec. 8) and contempt (Sec. 9) does not apply where:
investigation conducted by competent authority, or
for the taking of his deposition. a. Witness resides more than 100 km from his
residence to the place where he is to testify
SUBPOENA DUCES TECUM a process directed to a by the ordinary course of travel, generally, by
person requiring him to bring with him books, overland transportation (VIATORY RIGHT).
documents, or other things under his control.
b. Permission of the court in which the
Section 2. By whom issued detention prisoners case is pending was not
WHO may issue obtained.
1. Court before whom the witness is required to
attend RULES OF DISCOVERY
2. Court of the place where the deposition is to DISCOVERY - is the procedure by which one party in
be taken an action is enabled to obtain before trial knowledge
3. Officer or body authorized by law to do so in of relevant facts and of material evidence in the
connection with investigations conducted by possession of the adverse party or of a witness.
said officer or body
4. Any Justice of the SC or of the CA in any case Rationale of discovery: to enable the parties to
or investigation pending within the obtain the fullest possible knowledge of the issues
Philippines. and evidence long before the trial to prevent such
trial from being carried on in the dark.
SUBPOENA TO A PRISONER must be for a valid
purpose; if prisoner required to appear in court is Modes of discovery under the Rules of Court
sentenced to death, reclusion perpetua or life 1. Depositions pending action (Rule 23).
36
2. Depositions before action or pending appeal

(Rule 24). Section 4. Use of depositions.
3. Interrogatories to parties (Rule 25). Where the witness is available to testify and the
4. Admission by adverse party (Rule 26). situation is not one of those excepted under Sec. 4,
5. Production or inspection of documents, or his deposition is inadmissible in evidence and he
things (Rule 27). should be made to testify.
6. Physical and mental examination of persons
(Rule 28). It can be used as evidence by a party for any purpose
under the specific conditions in Sec. 4.
Discovery before answer.
It is only in the exceptional or unusual case that the
need for discovery arises, or that it should be allowed DEPONENT USE
before service of answer.
Any person By any party for
Modes of Discovery are intended to be CUMULATIVE, contradicting or
and not alternative nor mutually exclusive. impeaching the
testimony of deponent
as witness
Discovery is NOT MANDATORY but failure to avail
carries sanctions in Rules 25 and 26. A party or any one By an adverse party for
who at the time of any purpose
the deposition was
RULE 23 an OFFICER,
DEPOSITIONS PENDING ACTION DIRECTOR, or
MANAGING AGENT of
DEPOSITION is a written testimony of a witness a public or private
corp., partnership,
given in the course of a judicial proceeding in or association which
advance of the trial or hearing upon oral examination is a party
or in response to written interrogatories and where
an opportunity is given for cross-examination. Witness, whether or By any party for any
not a party purpose if the court
Depositions are intended as a means to compel finds the 5 instances
disclosure of facts resting in the knowledge of a party occurring
or other person, which are relevant in a
suit/proceeding.
SCOPE OF INQUIRY IN DEPOSITIONS:
CLASSIFICATIONS OF DEPOSITIONS 1. Matter which is relevant to the subject of the
1. Depositions on ORAL EXAMINATION and pending action;
Depositions upon WRITTEN INTERROGATORIES 2. Not privileged
2. Depositions DE BENE ESSE - those taken for 3. Not restricted by a protective order
purposes of a pending action (Rule 23) ; and
3. Depositions IN PERPETUAM REI MEMORIAM - Certiorari will not lie against an order admitting or
those taken to perpetuate evidence for rejecting a deposition in evidence, the remedy being
purposes of anticipated action, or in the an appeal from the final judgment.
event of further proceedings in a case on
appeal, and to preserve it against danger of Section 7. Effect of taking depositions.
loss (Rule 24).
A party shall not be deemed to make a person his own
WHEN TAKEN witness for any purpose by taking his deposition
WITH LEAVE OF COURT because depositions are taken for discovery and not
1. after jurisdiction has been obtained over any for use as evidence.
defendant or over the property which is the
subject of the action and BEFORE answer. Exception: If a party offers the deposition in
2. Deposition of a person confined in prison. evidence, then he is deemed to have made the
deponent his witness (Sec.8)
WITHOUT LEAVE OF COURT Exception to the Exception: Unless the deposition is

AFTER answer AND deponent is not confined in that of any adverse party, and unless, of course, the
prison.
37
deposition is used for impeaching or contradicting the

deponent (Sec.8). Depositions under this Rule are also taken
conditionally, to be used at the trial only in case the
Section 10 and 11. Persons before whom deponent is not available.
depositions may be taken.
Depositions under this Rule do not prove the
WITHIN THE PHILIPPINES: existence of any right and the testimony perpetuated
1. judge is not in itself conclusive proof, either of the
2. notary public existence of any right nor even of the facts to which
3. any person authorized to administer oaths, as they relate, as it can be controverted at the trial in
stipulated by the parties in writing the same manner as though no perpetuation of
testimony was ever had. However, in the absence of
OUTSIDE THE PHILIPPINES: any objection to its taking, and even if the deponent
1. on notice, before a secretary of embassy or did not testify at the hearing, the perpetuated
legation, consul general, consul, vice-consul, testimony constitutes prima facie proof of facts
or consular agent of the Phil. referred to in the deposition.
2. before such person or officer as may be
appointed by commission or letters rogatory Section 6. Use of deposition.
3. any person authorized to administer oaths, as
stipulated by the parties in writing If deposition is taken under this Rule, it may be used
in any action involving the SAME SUBJECT MATTER
Section 12. Commission or letters rogatory. subsequently brought.
Section 7. Depositions pending appeal.

Sec. 7 is the procedure in perpetuating testimony
COMMISSION LETTERS ROGATORY
AFTER JUDGMENT IN THE RTC and DURING THE
Issued to a non- Issued to the
judicial foreign officer appropriate judicial
PENDENCY OF AN APPEAL.
who will directly take officer of the foreign
the testimony country who will direct
somebody in said
foreign country to take RULE 25
down testimony INTERROGATORIES TO PARTIES
Applicable rules of Applicable rules of
procedure are those of procedure are those of PURPOSE of Written Interrogatories: to elicit facts
the requesting court the foreign court from any adverse party (answers may also be used as
requested to act
admissions of the adverse party)
Resorted to if Resorted to if the
permission of the execution of the
foreign country is commission is refused in Written interrogatories and the answers thereto must
given the foreign country both be FILED and SERVED.
Leave of court is not Leave of court is
necessary necessary
Interrogatories Bill of Particulars
Section 18. Motion to terminate or limit A party may properly A party may properly
examination. seek disclosure of seek disclosure only of
matters of proof matters which define
MAY BE FILED: which may later be the issues and become
1. any time during the taking of the deposition made a part of the a part of the
2. on motion or petition of any party or of the records as evidence. pleadings.
deponent; or
3. upon showing that the examination is A party may serve written interrogatories:
conducted in : 1. WITHOUT LEAVE OF COURT after answer has
a. bad faith been served, for the first set of
b. in such manner as unreasonably to interrogatories.
annoy, embarrass, or oppress the 2. WITH LEAVE OF COURT before answer has
deponent or party been served (REASON: at that time, the
issues are not yet joined and the disputed
facts are not yet clear, when more than one
RULE 24 set of interrogatories is to be served.)
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
38
A judgment by default may be rendered against a Interrogatories Interrogatories

party who fails to answer written interrogatories no fixed time 15 days to answer
unless extended or
Only one set of interrogatories by the same party is reduced by the court
allowed. Leave of court is necessary for succeeding
sets of interrogatories.
RULE 26
Section 6. Effect of failure to serve written ADMISSION BY ADVERSE PARTY
interrogatories.
Section 1. Request for admission.
Rule 25 and Rule 26 are directed to the party who
fails and refuses to RESORT to the discovery PURPOSE OF written request for admission is to
procedures, and should not be confused with the expedite trial and relieve the parties of the costs of
provisions of Rule 29 which provides for sanctions or proving facts which will not be disputed on trial and
other consequences upon a party who refuses or fails the truth of which can be ascertained by reasonable
to COMPLY with discovery procedures duly availed of inquiry.
by opponent.
When request may be made: at any time after the
issues have been joined.
The justification for this provision is that the party in What request may include
need of relevant facts having foregone the 1. Admission of the genuineness of any material
opportunity to inquire into the same from the other and relevant document described in and
party through means available to him, he should not exhibited with the request.
thereafter be permitted to unduly burden the latter 2. Admission of the truth of any material and
with courtroom appearances or other cumbersome relevant matter of fact set forth in the
processes. request.
3. Under this rule, a matter of fact not related
Unless a party had been served written to any documents may be presented to the
interrogatories, he may not be compelled by the other party for admission or denial.
adverse party:
1. to give testimony in open court, or Section 2. Implied Admission.
2. give a deposition pending appeal. The effect of a FAILURE to make a reply to a request
for admission is that each of the matters of which an
The only exception is when the court allows it for admission is requested is deemed admitted.
GOOD CAUSE shown and to prevent a failure of
justice. A sworn statement either denying specifically each
matter or setting forth in detail the reasons why he
Depositions Upon Interrogatories to cannot truthfully admit or deny those matters must
Written Parties under Rule be filed and served upon the party requesting the
Interrogatories to 25 admission.
Parties under Rule
23 Sec. 25 Section 3. Effect of admission.
As to Deponent As to Deponent USE: An admission under this section is for the
Party or ordinary party only purpose of the pending action only and cannot be
witness used in other proceedings.
As to Procedure As to Procedure
With intervention of no intervention. The party who fails or refuses to request the
the officer authorized Written interrogatories admission of facts in question is prevented from
by the Court to take are directed to the thereafter presenting evidence thereon UNLESS
deposition party himself otherwise allowed by the court (Sec.5).
As to Scope As to Scope RULE 27

Direct, cross, redirect, only one set of PRODUCTION OR INSPECTION OF DOCUMENTS OR
re-cross interrogatories THINGS

39
Production of documents affords more opportunity for REFUSAL TO COMPLY WITH MODES OF DISCOVERY
discovery than a subpoena duces tecum because in
the latter, the documents are brought to the court for SANCTIONS
the first time on the date of the scheduled trial 1. Contempt;
wherein such documents are required to be 2. Payment of reasonable fees;
produced. 3. The matters regarding which the questions
The TEST to be applied in determining the relevancy were asked, character or description of land
of the document and the sufficiency of their et al., be taken to be in accordance with the
description is one of reasonableness and practicality. claim of party obtaining the order;
4. Prohibition on the refusing party to produce
evidence or support or oppose designated
claims or defenses;
5. Striking out pleadings, order the dismissal of
PRODUCTION OR SUBPOENA DUCES the action or stay the action until compliance
INSPECTION OF TECUM or to render judgment by default.
DOCUMENTS OR 6. Order the arrest of the refusing party except
THINGS in cases of physical or mental examination.
Essentially a mode of means of compelling
discovery production of evidence RULE 30
The Rules is limited to may be directed to a TRIAL
the parties to the person whether a
action party or not TRIAL judicial process of investigating and
The order under this may be issued upon an determining the legal controversies starting with the
Rule is issued only ex parte application.
production of evidence by the plaintiff and ending
upon motion with
notice to the adverse with his closing arguments.
party
GENERAL RULE: when an issue exists, trial is
necessary. Decision should not be made without
trial.
RULE 28 EXCEPTIONS: when there may be judgment
PHYSICAL AND MENTAL EXAMINATION OF PERSONS without trial:
1. Judgment on the Pleading (Rule 34)
The mental condition of a party is in controversy in 2. Summary Judgment (Rule 35)
proceedings for GUARDIANSHIP over an imbecile or 3. Judgment on Compromise
insane person, while the physical condition of the 4. Judgment by Confession
party is generally involved in PHYSICAL INJURIES 5. Dismissal with Prejudice (Rule 17)
cases.
Section 3. Requisites of motion to postpone trial
Since the results of the examination are intended to for absence of evidence.
be made public, the same are not covered by the
physician-patient privilege. There must be an affidavit showing:
1. materiality or relevance of such evidence;
Section 4. Waiver of privilege. and
2. due diligence in procuring it.
Where the party examined requests and obtains a
report on the results of the examination the If the adverse party admits the facts for which
consequences are: evidence is to be presented, the trial will not be
1. he has to furnish the other party a copy of postponed.
the report of any previous or subsequent
examination of the same physical and mental
condition, AND
2. he waives any privilege he may have in that
action or any other involving the same
controversy regarding the testimony of any Section 4. Requisites of motion to postpone trial
other person who has so examined him or for illness of party or counsel.
may thereafter examine him. There must be an affidavit or sworn certification
showing:
RULE 29
40
1. presence of party or counsel at the trial is But counsel cannot stipulate on what their respective
indispensable; and EVIDENCE consists of and ask that judgment be
2. character of his illness is such as to render his rendered on the basis of such stipulation.
non-attendance excusable.
Stipulations of facts are not permitted in actions for
Section 5. Order of trial unless directed by the ANNULMENT OF MARRIAGE and for LEGAL
court. SEPARATION.
Unless the court for special reasons otherwise Section 8. Suspension of actions.
directs, the trial shall be limited to the issues stated Art. 2030 of the Civil Code. Every civil action or
in the pre-trial order. proceeding shall be suspended
1. If willingness to discuss a possible
compromise is expressed by one or both
parties; or
2. If it appears that one of the parties, before
the commencement of the action or
Plaintiff presents
evidence proceeding, offered to discuss a possible
compromise but the other party refused the
offer.
Defendant presents Defendant files Section 9. Judge to receive evidence; delegation to
evidence to demurrer to
clerk of court.
support his evidence
defense/countercla GENERAL RULE: the judge must himself personally
im/crossclaim/ receive and resolve the evidence of the parties.
third party However, the reception of such evidence may be
complaint delegated under the following conditions:
1. The delegation may be made only in defaults
or ex parte hearings, or an agreement in
writing by the parties.
Third If court If court 2. The reception of evidence shall be made only
party grants denies by the clerk of that court who is a member of
defendant motion: motion: the bar.
presents Renders Continues 3. Said clerk shall have no power to rule on
eidence, if dismisal with objections to any question or to admission of
any hearing evidence or exhibits; and
4. He shall submit his report and transcripts of
the proceedings, together with the objections
to be resolved by the court, within 10 days
Rebuttal from the termination of the hearing.
Evidence by After
Parties Presentation of
evidence: RULE 31
oral arguments CONSOLIDATION OR SEVERANCE
submission of
DECISION memoranda GENERAL RULE: Consolidation is discretionary upon
the court
EXCEPTIONS: Consolidation becomes a matter of
Section 6. Agreed statements of facts. duty when:
This is known as STIPULATION OF FACTS and is among 1. if the cases are pending before the same
the purposes of a pre-trial. judge OR
2. if filed with different branches of a court and
The parties may also stipulate verbally in open court. one of such cases has NOT been partially
Such stipulations are binding unless relief therefrom tried.
is permitted by the court on good cause shown, such
as error or fraud. REQUISITES FOR CONSOLIDATION:
1. When actions involving a common question of
law or fact, and
2. The actions are pending before the same
court
41
if filed with DIFFERENT courts, The ground is based it may be based on any
authorization from the SC is necessary. on insufficiency of of those enumerated
evidence in Rule 16
3 WAYS OF CONSOLIDATING CASES:
1. by RECASTING THE CASES ALREADY 2 Scenarios
INSTITUTED, conducting only one hearing and
rendering only one decision; MOTION DENIED MOTION GRANTED
2. by CONSOLIDATING THE EXISTING CASES and
holding only one hearing and rendering only BUT REVERSED ON
one decision; and APPEAL
3. by HEARING ONLY THE PRINCIPAL CASE and Movant shall have the Movant is deemed to
suspending the hearing on the others until right to present his have waived his right
evidence to present evidence.
judgment has been rendered in the principal
The decision of the
case. (TEST-CASE METHOD) appellate court will
be based only on the
Consolidation of cases on appeal and assigned to evidence of the
different divisions of the SC and the CA is also plaintiff as the
authorized. Generally, the case which was appealed defendant loses his
later and bearing the higher docket no. is right to have the case
consolidated with the case having the lower docket remanded for
no. reception of his
evidence.
denial is order of the court is
INTERLOCUTORY. Sec. 1 an ADJUDICATION ON
RULE 32 , Rule 36 (that THE MERITS, hence,
TRIAL BY COMMISSIONER judgment should state the requirement in
clearly and distinctly Sec. 1, Rule 36
COMMISSIONER- a person to whom a cause pending in the facts and the law should be complied
court is referred, for him to take testimony, hear the on which it is based), with.
parties and report thereon to the court, and upon will not apply.
whose report, if confirmed, judgment is rendered. The denial is NOT
Reference to a commissioner may be had by the appealable.
written consent of both parties.
CIVIL CASES CRIMINAL CASES
Situations when reference to a Commissioner may be Defendant need not ask leave of court is
made on motion (Sec.2): for leave of court; necessary so that the
1. Examination of a long account accused could
2. Taking of an account is necessary present his evidence
3. Question of fact, other than upon the if the demurrer is
pleading arises; or denied
4. Carrying a judgment or order into effect. if the court finds if the court finds the
plaintiffs evidence prosecutions
insufficient, it will evidence insufficient,
Disobedience to a subpoena issued by the grant the demurrer by it will grant the
commissioner is deemed a contempt of the court dismissing the demurrer by
which appointed the latter. complaint. The rendering judgment
judgment of dismissal is acquitting the
RULE 33 appealable by the accused. Judgment of
DEMURRER TO EVIDENCE plaintiff. If plaintiff acquittal is not
appeals and judgment appeallable; double
Section 1. Demurrer to evidence. is reversed by the jeopardy sets-in
appellate court, it will
decide the case on the
basis of the plaintiffs
DEMURRER TO MOTION TO DISMISS evidence with the
consequence that the
EVIDENCE defendant already loses
It is presented after presented before a his right to present
the plaintiff has responsive pleading evidence no res
rested his case (answer) is made by judicata in dismissal
the defendant due to demurrer

42
if court denies if court denies the

demurrer, defendant demurrer: Filed by a defendant Filed by the plaintiff
will present his If demurrer was with to a complaint, if the answer raises
evidence leave, accused may counterclaim, cross- no issue.
present his evidence claim or 3rd-party
If the demurrer was complaint
without leave,
accused can no
longer present his If the complaint states no cause of
evidence and submits action, a motion to dismiss should be
the case for decision filed and not a motion for judgment on
based on the the pleading.
prosecutions
evidence
RULE 35
SUMMARY JUDGMENTS
JUDGMENT ON DEMURRER TO EVIDENCE
is a judgment rendered by the court dismissing a SUMMARY JUDGMENT
case upon motion of the defendant, made after One granted by the court for the prompt disposition
plaintiff has rested his case, on the GROUND that of civil actions wherein it clearly appears that there
upon the facts presented by the plaintiff and the law exists NO genuine issue or controversy as to any
on the matter, plaintiff has not shown any right to material fact.
relief.
RULE 34 Who can File

JUDGMENT ON THE PLEADINGS 1. Plaintiff: he must wait for the answer to be filed
and served, and thus for the issue to be joined,
A judgment on the pleadings must be on motion of before he can move for summary judgment.
the claimant. (NO SUPPORTING PAPERS ARE REQUIRED 2. Defendant: he can move for summary judgment
BECAUSE EVERTHING IS BASED ON THE PLEADINGS.) at anytime, that is, anytime after filing and
service of the complaint even before he answers
HOWEVER, if at the pre-trial the court finds that a
judgment on the pleadings is proper, it may render The motion for summary judgment must be supported
such judgment motu proprio. by (1) affidavit, (2) depositions of the adverse party
or a third party, or (3) admissions of the adverse
GROUNDS: party, all intended to show that:
1. Answer fails to tender an issue because of: a. there is no genuine issue as to any material
a. general denial of the material fact, except damages which must always be
allegations of the complaint; proved, and
b. insufficient denial of the material b. the movant is entitled to a judgment as a
allegations of the complaint ; or matter of law.
2. Answer admits material allegations of the
adverse partys pleading The summary judgment may be a judgment on the
merits, in which case, an appeal may be taken
therefrom.
By moving for judgment on the pleading, plaintiff
waives his claim for unliquidated damages. Claim
for such damages must be alleged and proved.
SUMMARY JUDGMENT JUDGMENT
NO JUDGMENT ON THE PLEADINGS IN ACTIONS FOR JUDGMENT ON THE BY DEFAULT
1. Declaration of nullity of marriage
PLEADINGS (Rule 9)
2. Annulment of marriage
Based on the based solely on based on the
3. Legal Separation pleadings, the pleadings. complaint and
depositions, evidence, if
admissions presentation is
and affidavits required.
Motion to Dismiss Motion for
judgment on the
pleadings
43
Available to generally Available to decision because an amended decision is a distinct

both plaintiff available only plaintiff. and separate judgment and must follow the
and defendant to the plaintiff, established procedural rule.
unless the
defendant
The power to amend a judgment is inherent to the
presents a
counterclaim. court before judgment becomes final and executory.
There is The answer no issues as no
no genuine fails to tender answer is filed After judgment has become executory, the court
issue between an issue or by the cannot amend the same
the parties, there is an defending
i.e. there may admission of party. EXCEPT:
be issues but material 1. To make corrections of clerical errors, not
these are allegations. substantial amendments, as by an
irrelevant amendment nunc pro tunc.
10-day notice 3-day notice 3-day notice 2. To clarify an ambiguity which is borne out
required required rule applies.
by and justifiable in the context of the
May be On the merits On the merits
interlocutory decision.
or on the 3. In judgments for support, which can
merits always be amended from time to time.
RULE 36 MANNER OF ATTACKING JUDGMENTS:

JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
1. Direct attack
a. before finality
JUDGMENT- final consideration and determination by 1. motion for new trial or reconsideration;
a court of the rights of the parties, upon matters 2. appeal
submitted to it in an action or proceeding. b. after finality
1. relief from judgment, rule 38
The date of finality of the judgment or final order 2. annulment of judgment, Rule 47.
shall be deemed to be the date of its entry.
2.Collateral attack
REQUISITES OF A JUDGMENT:
1. It should be in writing, personally and directly
prepared by the judge
2. Must state clearly and distinctly the facts and the
law on which it is based
PROMULGATION
3. It should contain a dispositive part and should be
Court Renders Decision OF JUDGMENT
signed by the judge and filed with the clerk of
court.
Filing appeal within
PROMULGATION- the process by which a decision is Losing Party 15/30 days from
published, officially announced, made known to the notice of judgment
public or delivered to the clerk of court for filing,
coupled with notice to the parties or their counsel.
MEMORANDUM DECISION- a decision of the appellate Accepts Within 15/30 days

decision from notice of
court which adopts the findings and the conclusion of
without further judgment:
the trial court. contest Motion for
JUDICIAL COMPROMISE reconsideration; or
A judgment based on a compromise which has motion for new trial
the force of law and is conclusive between
parties. Court
Not appealable. maintains
decision
Court grants motion:
A JUDGMENT is considered RENDERED Upon filing of 1.modifies decision; or
2.grants new trial
the signed decision. This includes an amended If no appeal is
taken or did
REMEDIAL LAW COMMITTEE not avail of
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS:remedies,
Martessa Nuylan, Charissimae
judgment
Special Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)becomes final Losing party may
and executory appeal within the
remaining period
44
Section 4. Several judgments.

Several judgment is proper where the liability of each
party is clearly separable and distinct from his co-
Judgment upon Judgment by
parties such that the claims against each of them
could have been the subject of separate suits, and Compromise Confession
the judgment for or against one of them will not The provisions and An affirmative and
necessarily affect the other. terms are settled and voluntary act of the
agreed upon by the defendant himself.
parties to the action, The court exercises a
A several judgment is NOT proper in actions against and which is entered certain amount of
solidary debtors. in the record by the supervision over the
consent of the court. entry of judgment.
Section 6. Separate Judgments
Proper when more than one claim for relief is Clarificatory Judgment
presented in an action and a determination as to the rendered by the court, upon motion, when a
issues material to the claim has been made. The judgment previously rendered is ambiguous and
action shall proceed as to the remaining claims. difficult to comply with.
AMENDED OR SUPPLEMENTAL
CLARIFIED DECISION
JUDGMENT
Judgment NUNC PRO TUNC (literally means now for
then) It is an entirely new Does not take the
rendered to enter or record such judgment as decision and place of or extinguish
has been formerly rendered but has not been supersedes the the original judgment
entered as thus rendered original judgment
its only function is to record some act of the
court which was done at a former time, but Court makes a Serves to bolster or
thorough study of the add to the original
which was not then recorded, in order to
original judgment and judgment
make the record speak the truth, without any renders the amended
changes in substance or any material respect. and clarified judgment
only after considering
Judgment upon Agreement or Compromise all the factual and
A compromise agreement between the parties to a legal issues
case on which the decision of the court was based has
upon the parties the effect and authority of res RULE 37
judicata. It is immediately executory. NEW TRIAL OR RECONSIDERATION
Judgment by Confession
Judgment upon confession is one which is rendered Order denying
against a party upon his petition or consent. It usually motion for new trial
happens when the defendant appears in court and
confesses the right of the plaintiff to judgment or
files a pleading expressly agreeing to the plaintiffs Second motion for new trial
demand. based on grounds not existing or
available when 1st motion was
Two kinds of judgment by confession filed
1. A judgment by COGNOVIT ACTIONEM here,
the defendant after service instead of
Appeal from the judgment or
entering a plea, acknowledged and confessed
final order and assign as one of
that the plaintiffs cause of action was just the errors the denial of the
and rightful. motion for new trial
2. A judgment by CONFESSION RELICTA
VERIFICATIONE after pleading and before
trial, the defendant both confessed the An order denying a motion for new trial is not
plaintiffs cause of action and withdrew or appealable.
abandoned his plea or other allegations,
whereupon judgment was entere against him NEW TRIAL - the rehearing of a case already decided
without proceeding to trial. by the court but before the judgment rendered
45
thereon becomes final and executory, whereby errors

of law or irregularities are expunged from the record, Section 6. Effect of granting of motion for new trial
or new evidence is introduced, or both steps are When motion is granted, the original judgment is
taken. thereby vacated and the action stands for trial de
Purpose: to set aside the judgment or final order and novo, but the recorded evidence taken upon the
grant a new trial. former trial so far as the same is material and
competent to establish the issues, shall be used at
WHEN to file: within period for taking appeal. the new trial taking the same.
WHERE to file: with the trial court which rendered The order denying a motion for new trial is NOT
the questioned judgment. appealable.
MOTION FOR A NEW MOTION FOR MOTION FOR NEW MOTION FOR
TRIAL RECONSIDERATION TRIAL REOPENING OF THE
The grounds are: fraud, The grounds are: the TRIAL
accident, mistake or damages awarded are Specifically Not mentioned in the
excusable negligence or excessive, that the mentioned in the Rules but is
newly discovered evidence is insufficient Rules nevertheless a
evidence which could to justify the decision recognized procedural
not, with reasonable or final order, or that recourse or device
diligence, have the decision or final deriving validity and
discovered and produced order is contrary to acceptance from long
at the trial, and which if law. established usage
presented would NOTE: It is actually
probably alter the result mentioned in the Rules
Second motion may be Second motion from of Criminal Procedure
allowed same party is Proper only after May properly be
prohibited promulgation of presented only after
If a new trial is granted if the court finds that judgment either or both the
the trial court will set excessive damages parties have formally
aside the judgment or have been awarded or offered and closed
final order that the judgment or their evidence before
final order is contrary judgment
to the evidence or law, Based upon specific Controlled by no other
it may amend such grounds set forth rule than the
judgment or final order under Rule 37 in civil paramount interests of
accordingly cases and Rule 121 in justice, resting entirely
criminal cases on the sound discretion
of a trial court, the
REQUISITES for NEWLY-DISCOVERED EVIDENCE exercise of which
1. Must have been discovered after trial discretion will not be
2. Could not have been discovered and produced reviewed on appeal
at the trial UNLESS a clear abuse
thereof is shown
3. If presented, would alter the result of the
action
4. Otherwise it is called FORGOTTEN EVIDENCE.
MOTION FOR RECONSIDERATION
A motion suspends or tolls the running of the Purpose: To reconsider or amend judgment or final
reglementary period for appeal except when the order
same is pro-forma. WHEN to file: within period for taking an appeal
PRO-FORMA MOTION - when it does not comply with WHERE to file: with the trial court which rendered
Rule 15 and Rule 37, e.g. it does not point out the judgment or final order sought to be
specifically the findings or conclusions of the reconsidered
judgment as are contrary to law, making express
reference to the testimonial or documentary RULE 38
evidence or to the provisions of law alleged to be RELIEF FROM JUDGMENTS, ORDERS, OR OTHER
contrary to such findings or conclusions, and is PROCEEDINGS
merely intended to delay the proceedings OR if there
is no affidavit of merit.
46
REMEDIES AGAINST FINAL AND EXECUTORY

JUDGMENTS OR ORDERS The period fixed by Rule 38 is non-extendible and is
never interrupted.
1. Petition for Relief from Judgment (Rule 38)
2. Annulment of judgments or final orders or
resolutions (Rule 47) on the ground of: RULE 39
o Extrinsic fraud, to be filed within 4 years EXECUTION, SATISFACTION AND EFFECT OF
from the discovery of the fraud; JUDGMENTS
o Lack of jurisdiction, before it is barred by
laches or estoppel
3. Direct or collateral attack against a void or EXECUTION remedy provided by law for the
voidable judgment enforcement of a final judgment.
o DIRECT ATTACK when the validity of the
judgment itself is the main issue of the AGAINST WHOM ISSUED: execution can only issue
action, a petition for certiorari and against a party and not against one who has not had
action to annul judgment on the ground his day in court.
of extrinsic fraud or lack of jurisdiction
o COLLATERAL ATTACK if the judgment WRIT OF EXECUTION: judicial writ issued to an
officer authorizing him to execute the judgment of
can be resisted in any other action in
the court.
which it is involved.
ESSENTIAL REQUISITE OF A WRIT OF EXECUTION: a
writ of execution to be valid, must conform strictly
RULE 37 RULE 38 to the decision or judgment which gives it life.
Available BEFORE Available AFTER
judgment becomes judgment has become It cannot vary the terms of the judgment it seeks to
final and executory final and executory enforce
Applies to Applies to judgments,
JUDGMENTS or FINAL final orders and other FINAL JUDGMENT OR ORDER- one which disposes of
ORDERS only proceeding:
the whole subject matter or terminates the particular
1.Land Registration proceedings or action, leaving nothing to be done by
2.Special Proceedings the court but to enforce by execution what has been
3. Order of Execution determined.
GROUNDS: GROUNDS:
i. FAME FAME EXECUTION OF JUDGMENT
ii. Newly discovered
evidence
WHEN AVAILED OF: WHEN AVAILED OF:
Within the time to within 60 days from
appeal knowledge of the
judgment AND
within 6 months from

entry of judgment
If denied, the order If denied, the order
of denial is NOT denying a petition for
appealable, hence relief is NOT
remedy is appeal appealable; the
from the judgment remedy is appropriate
civil action under Rule
65
Legal remedy Equitable remedy
Motion need not be Petition must be
verified verified
TWO HEARINGS UNDER RULE 38

1. Hearing to determine whether the judgment
should be set aside
2. If yes, a hearing on the merits of the case.
47
Judgment is If the winning GENERAL RULE: court cannot refuse execution

executed by party does not UNLESS:
motion within move for 1. Execution is UNJUST OR IMPOSSIBLE
5 years from execution w/in 2. Equitable grounds like a CHANGE IN
date of its 5 years but
SITUATION of the parties which makes
entry before 10
years from the execution inequitable
date of entry 3. Judgment NOVATED by parties
of judgment, 4. Execution is enjoined
Execution is a the same can 5. Judgment has become DORMANT
matter of right only be revived
after by means of a QUASHAL OF WRIT PROPER WHEN:
expiration of new action / 1. Improvidently issued
period to petition 2. Defective in substance
appeal and no 3. Issued against the wrong party
appeal is 4. Judgment already satisfied
perfected 5. Issued without authority
Discretionary Section 2. Discretionary Execution

execution upon
good reasons
stated in a
special order DISCRETIONARY EXECUTION AS A
after due EXECUTION MATTER OF RIGHT
hearing
May issue before Period to appeal has

the lapse of period already lapsed and
to appeal no appeal is
Sheriff enforces writ of execution perfected
Discretionary upon Ministerial duty of

the court; there is the court PROVIDED
Losing party is made to indemnify thru: inquiry on whether there are no
payment with interest; there is GOOD supervening events
levy and sale of personal property; REASON for
levy and sale of real property; execution
delivery of personal and real property
GROUNDS FOR EXECUTION PENDING APPEAL:

TEST TO DETERMINE WHETHER A JUDGMENT OR 1. Insolvency of the judgment debtor.
ORDER IS FINAL OR INTERLOCUTORY: The test is 2. Wastage of asset by judgment debtor.
whether the judgment or order leaves nothing more
for the court to do with respect to the merits of the Section 3. Stay of Discretionary Execution. The
case. party against whom an execution is directed may file
a supersedeas bond to stay discretionary execution.
SPECIAL JUDGMENT one that requires the
performance of an act OTHER THAN: SUPERSEDEAS BOND- one filed by a petitioner and
1. The payment of money; and approved by the court before the judgment becomes
2. The sale of real or personal property final and executory and conditioned upon the
Section 1. Execution Upon Judgments and Final performance of the judgment appealed from in case
Orders. it be affirmed wholly or in part.
EXECUTION ISSUES AS A MATTER OF RIGHT: Supersedeas bond guarantees satisfaction of the

1. on motion judgment in case of affirmance on appeal, not other
2. upon a judgment or order that disposes of the things like damage to property pending the appeal
action or proceeding AND
3. upon expiration of the period to appeal The court may, in its discretion, order an execution
therefrom and NO appeal has been duly before the expiration of the time within which to
perfected. appeal provided:
48
1. There is a motion for execution filed by the Remedies in an order granting or denying the
winning party issuance of a writ of execution
2. There is notice of said motion to the adverse Appeal is the remedy for an order denying the
party; and issuance of a writ of execution.
3. There are good reasons stated in a special
order after due hearing. Section 10. Execution Of Judgments For Specific
Act.
GENERAL RULE: an order of execution is NOT If party REFUSES TO VACATE PROPERTY, remedy is
appealable otherwise there would be no end to the NOT contempt. The Sheriff must oust the party. But if
litigation between the parties. demolition is involved, there must be a special order.
EXCEPTIONS:
1. When the terms of the judgment are not very If party REFUSES TO DELIVER, sheriff will take
clear; possession and deliver it to winning party.
2. When the order of execution varies with the
tenor of the judgment. When the party REFUSES TO COMPLY, court can
appoint some other person at the expense of the
Section 4. Judgments NOT Stayed By Appeal disobedient party and the act done shall have the
1. INJUNCTION same effect as if the required party performed it, the
2. RECEIVERSHIP disobedient party incurs no liability for contempt.
3. ACCOUNTING
4. SUPPORT Section 11. Execution of Special Judgments.
5. Such other judgments declared to be When judgment requires the performance of any act
immediately executory unless otherwise other than for money and delivery of property.
ordered by the trial court.
The writ of execution shall be served upon the party
Section 6. Execution By Motion Or Independent required to obey the same and such party may be
Action. punished for contempt if he disobeys.
MODE OF ENFORCEMENT LEVY - act by which an officer sets apart or

1. By motion within 5 years from date of its appropriates a part of the whole of the property of
entry the judgment debtor for purposes or the execution
2. By independent action after 5 years from sale. The levy on execution shall create a lien in
entry AND before it is barred by statute of favor or the judgment creditor over the right, title
limitations and interest of the judgment debtor in such property
at the time of the levy.
Judgment for support does not become dormant, thus
it can always be executed by motion. The levy on execution creates a lien in favor of the
judgment creditor subject to prior liens and
5-year period may be extended by the conduct of encumbrances.
judgment debtor.
GARNISHMENT - act of appropriation by the court
A revived judgment is a new judgment thus another when property of debtor is in the hands of third
5/10-year period to execute and revive is given the persons
party.
The garnishee or the 3rd person who is in possession of
Section 7. Execution In Case Of Death Of Party. the property of the judgment debtor is deemed a
If the obligor dies AFTER entry but BEFORE LEVY on forced intervenor.
his property, execution will be issued for recovery of
real or personal property or enforcement of a lien
thereon. But for a sum of money, judgment cannot be
enforced by writ but as a claim against his
estate/probate proceedings.
If he dies AFTER a VALID LEVY has been made,

execution sale proceeds.
Section 8. Issuance, Form and Contents of a Writ of
Execution. ATTACHMENT GARNISHMENT

49
Refers to corporeal refers to money,

property in the stocks, credits and WHEN CAN REDEMPTION BE MADE?
possession of the other incorporeal
judgment debtor. property which belong BY THE JUDGMENT OBLIGOR: Within one (1) year from
to judgment debtor
the date of registration of the certificate of sale.
but is in the possession
or under the control of
a third person BY THE REDEMPTIONER:
1. Within one year from the date of registration
of the certificate of sale; or
2. Within sixty days from the last redemption by
Section 16. Proceedings Where Property Claimed another redemptioner
By Third Person. If the judgment obligor redeems, no further
redemption is allowed (Sec. 29).
REMEDIES of THIRD PARTY CLAIMANT
The period of redemption is NOT suspended by an
1. Summary hearing before the court which action to annul the foreclosure sale.
authorized the execution;
2. TERCERIA or third party claim filed with the CAN REDEMPTION BE PAID IN OTHER FORMS THAN
sheriff; CASH?
3. Action for damages on the bond posted by YES. The rule is liberality in allowing redemption (aid
judgment creditors; or rather than defeat the right) and it has been allowed
4. Independent reinvidicatory action. in the case of a cashiers check, certified bank checks
and even checks.
The remedies are cumulative and may be resorted to
by third party claimant independently of or The offer to redeem must be accompanied with a
separately from the others. bona fide tender or delivery of the redemption price.
If winning party files a bond, it is only then that the However, a formal offer to redeem with a tender is
sheriff can take the property in his possession. IF NO not necessary where the right to redeem is exercised
BOND, cannot proceed with the sale. through the filing of a complaint to redeem in the
courts, within the period to redeem.
SALE ON EXECUTION
Notice of sale is required before levied property can RIGHTS OF THE JUDGMENT DEBTOR:
be sold at public auction (Sec. 15). 1. Remain in possession of the property
2. Collect rents and profits
Remedy against an irregular sale is MOTION TO 3. Cannot be Ejected
VACATE OR SET ASIDE THE SALE to be filed in the 4. Use the property in the same manner it was
court which issued the writ. previously used
5. Make necessary repairs
REDEMPTION (Secs. 27 & 28)
Right of Redemption: Section 33. Deed and possession to be given at
1. Personal Property NONE; sale is absolute expiration of redemption period; by whom
2. Real Property there is a right of redemption executed or given.
WHO may redeem (Sec. 27)

Only the following: The PURCHASER is entitled to a CONVEYANCE AND
a. Judgment obligor, or his successor in interest, POSSESSION of the property if there is no
in whole or any part of the property; OR redemption. He is substituted to and acquires all the
b. Redemptioner who is a creditor having a: rights, title, interest and claims of the judgment
1) Lien by attachment on the property obligor to the property at the time of levy.
sold subsequent to the lien under
which the property was sold, The deed of conveyance is what operates to transfer
2) Lien by judgment on the property to the purchaser whatever rights the judgment
sold subsequent to the lien under debtor had in the property. The certificate of sale
which the property was sold; after execution sale merely is a memorial of the fact
3) Lien by mortgage on the property of sale and does not operate as a conveyance.
sold subsequent to the lien under
which the property was sold.
50
The purchaser acquires no better right than what the disposition or interference with such
judgment debtor has in the property levied upon. property (Section 41)
Thus, if the judgment debtor had already transferred
the property executed prior to the levy and no longer 6. If the court finds that the judgment debtor
has an interest in the property, the execution has an ascertainable interest in real
purchaser acquires no right. property either as mortgagor, mortgagee, or
otherwise, and his interest can be
WHEN A THIRD PERSON IS IN POSSESSION, The ascertained without controversy, the court
procedure is for the court to order a hearing and may order the sale of such interest. (Section
determine the nature of such adverse possession. 42)
7. If the person alleged to have the property of

Section 34. Recovery of price if sale is not the judgment debtor or be indebted to him,
effective; revival of judgment. claims an adverse interest in the property,
or denies the debt, the court may authorize
THE PURCHASER MAY RECOVER THE PURCHASE the judgment-creditor to institute an action
PRICE WHEN to recover the property, forbid its transfer
1. The purchaser or his successor-in-interest and may punish disobedience for contempt
FAILS TO RECOVER POSSESSION of the (Section 43)
property or;
2. Purchaser after having acquired possession is Section 46. When Principal Bound By Judgment
evicted due to: Against Surety.
a. Irregularities in the proceedings The principal is bound by the same judgment from
concerning the sale. the time he has notice of the action or proceeding
b. Reversal or setting aside of judgment. and has been given an opportunity at the suretys
c. The fact that the property was exempt request, to join the defense.
from execution.
d. A third person has vindicated his claim to Section 47. Effect Of Judgment Or Final Orders.
the property. Refers to judgments which are considered as
conclusive and may be rebutted directly by means of
REMEDIES OF THE JUDGMENT CREDITOR IN AID OF relief from judgment or annulment of judgment or
EXECUTION indirectly by offering them in evidence under the
parole evidence rule.
1. If the execution is returned unsatisfied, he
may cause examination of the judgment Par (A) refers to rule ON RES JUDICATA in
debtor as to his property and income judgments IN REM
(Section 36)
2. He may cause examination of the debtor of JUDGMENT or EFFECT: CONCLUSIVE

the judgment debtor as to any debt owed by FINAL ORDER AS TO
him or to any property of the judgment
debtor in his possession (Section 37) Against a specific Title to the thing
thing
3. If after examination, the court finds that
there is property of the judgment debtor Probate of a will or Will or administration
either in his own hands or that of any administration of However, ONLY prima
person, the court may order the property the estate of a facie evidence of the
deceased person death of the testator
applied to the satisfaction of the judgment or intestate
(Section 37)
In respect to the Condition, status or
4. If the court finds the earnings of the personal, political, relationship of the
judgment debtor are more than sufficient or legal condition or person
for his familys needs, it may order payment status of a
in installments (Section 40) particular person
5. The court may appoint a receiver for the

property of the judgment debtor not exempt Par (B) is referred to as bar by former judgment
from execution or forbid a transfer or or RES JUDICATA in judgments IN PERSONAM
51
RES JUDICATA - final judgments on the merits by a 1. IN CASE OF JUDGMENT AGAINST A SPECIFIC
court of competent jurisdiction is conclusive as to the THING, the judgment is CONCLUSIVE upon the
rights of the parties or their privies in all later suits TITLE TO THE THING;
on points determined in the former judgment. 2. IN CASE OF A JUDGMENT AGAINST A PERSON,
the judgment is PRESUMPTIVE EVIDENCE of a
REQUISITES: right as between the parties and their
1. A FINAL judgment or order successors-in-interest by a subsequent title.
2. JURISDICTION over the subject matter and
the parties by the court rendering it In both instances, the judgment may be repelled by
3. Judgment UPON THE MERITS evidence of want of jurisdiction, notice, collusion,
4. Between the two cases: fraud or clear mistake of law or fact.
IDENTITY OF PARTIES
IDENTITY OF SUBJECT MATTER RULE 40
IDENTITY OF CAUSE OF ACTION APPEAL FROM MUNICIPAL TRIAL COURTS TO THE
REGIONAL TRIAL COURTS
THERE IS IDENTITY OF CAUSE OF ACTION when the
two actions are based on the same delict or wrong APPEAL FROM MTC TO RTC
committed by the defendant even if the remedies are
different.
ORDINARY APPEAL - an appeal by notice of appeal
Under the doctrine of res judicata, no matter how
from a judgment or final order of a lower court on
erroneous a judgment may be, once it becomes final,
questions of fact and law.
it cannot be corrected. The only grounds are lack of
jurisdiction, collusion or fraud.
Par. (C) is known as conclusiveness of judgment Appeal decision of MTC by filing notice of
appeal and pay appellate court docket
or rule of AUTER ACTION PENDENT
fee in the same MTC within 15 days from
receipt of judgment
CONCLUSIVENESS OF JUDGMENT
has the effect of preclusion only of issues.
parties in both actions may be the same but the
causes of action are different. 15 days from perfection of appeal,
MTC clerk transmits record to RTC
BAR BY FORMER CONCLUSIVENESS OF

JUDGMENT JUDGMENT Notice to parties that an appeal is being
taken from the decision of MTC
There is identity of There is ONLY identity of
parties, subject PARTIES AND SUBJECT
matter and causes MATTER
of action Within 15 days from notice of appeal:
appellant submits memorandum to
the RTC
The first judgment The first judgment is
appellee files his own memorandum
constitutes as an conclusive only as to 15 days from receipt of appellants
ABSOLUTE BAR TO matters directly adjudged memorandum
ALL MATTERS and actually litigated in
directly adjudged the first action. Second
and those that action can be prosecuted.
might have been If uncontested, Any party may
adjudged. judgment is appeal by filing a
entered in the petition for
book of entries review with the
RTC
Section 48. Effect Of Foreign Judgment Or Final
Orders:
THE EFFECT OF FOREIGN JUDGMENTS

Provided that the foreign tribunal had jurisdiction:
52
Appeal is deemed perfected:

1. by notice of appeal: as to him, upon the filing
APPEAL TO THE RTC of the notice of appeal in due time;
Mode of Appeal Notice of Appeal within fifteen 2. by record on appeal: as to him, upon the
(15) days from receipt of decision. approval of the record on appeal filed in due
After an appeal to the RTC has been perfected, time.
the MTC loses its jurisdiction over the case and
any motion for the execution of the judgment Effect of a perfected appeal:
should be filed with the RTC. The court loses jurisdiction upon the perfection or
The Summary Rules no longer apply when the approval of appeal and when the period of appeal for
cases is on appeal. other parties expire.
Section 2. When to Appeal. Residual power of the court prior to the transmittal
1. Within 15 days after notice of judgment or of the original record or record on appeal:
final order; 1. to issue orders for the preservation of the
2. Where a record on appeal is required, within rights of the parties which do not involve
30 days from notice of judgment or final matters litigated by appeal;
order by filing a notice of appeal and a 2. to approve compromise prior to the
record on appeal; transmittal of the record;
3. Period to appeal shall be interrupted by a 3. permit appeal by an indigent;
timely motion for new trial or 4. order execution pending appeal under Rule
reconsideration. 39, Sec.2 ( motion for execution was filed
4. No motion for extension of time to file a before the expiration of the period to
motion for new trial or reconsideration shall appeal;
be allowed. 5. allow withdrawal of the appeal.
Section 3. How to Appeal. Section 8. Appeal from orders dismissing case

By Notice of Appeal: without trial; lack of jurisdiction
1. File a notice of appeal with the trial court.
2. The notice of appeal must indicate: If lower court dismissed case without trial on the
a. parties merits:
b. judgment or final order appealed RTC may:
from 1. Affirm, or
c. material date showing timeliness of 2. Reverse, in which case, it shall remand the
appeal case for further proceedings.
3. A copy served on the adverse party.
4. Payment in full of docket fees and other If dismissal is due to lack of jurisdiction over the
lawful fees subject matter:
RTC may:
1. Affirm; if RTC has jurisdiction, shall try the
ORDINARY APPEAL PETITION FOR
case on the merits as if the case was
REVIEW
Matter of right Discretionary
originally filed with it, or
All the records are No records are 2. Reverse, in which case, it remand the case
elevated from the elevated unless the for further proceedings.
court of origin court decrees it
Notice of record on Filed with the CA If the case was tried on the merits by the lower
appeal is filed with court without jurisdiction over the subject matter:
the court of origin RTC shall not dismiss the case if it has original
jurisdiction, but shall decide the case, and shall
By Record on appeal: admit amended pleadings or additional evidence.
1. for special proceedings such as probate; and
2. in such other cases where multiple appeals
are allowed as in partition and in RULE 41
expropriation. APPEAL FROM REGIONAL
TRIAL COURTS
Section 4. Perfection of Appeal; effect thereof.

53
APPEALABLE CASES
1. Judgments or final orders that completely File a notice of File a verified File a verified
disposes of the case. appeal or a petition for petition for
2. A particular matter in a judgment declared record on review with review on
appeal with the the CA. Pay certiorari with
by the Rules to be appealable.
court of origin the docket the SC (R 45)
(RTC) and give and lawful Pay docket
NON APPEALABLE CASES a copy to the fees, and P and lawful
1. Order dismissing an action without prejudice adverse party. 500 as deposit fees and P 500
2. Order of Execution for costs with for costs.
3. Judgments or final orders for or against one or the CA. Submit proof
more of several parties or in separate claims while Furnish RTC of service of a
the main case is pending and adverse copy to the
4. Orders disallowing or dismissing an Appeal party copy of lower court
5. Interlocutory orders such (R 42). and adverse
6. Orders denying: party.
a. Petition for relief;
b. Motion for new trial or reconsideration;
and Within 15 days Within 15 days Within 15 days
c. Motion to Set aside a judgment, by from the notice from notice of from notice of
consent, confession or compromise on the of the judgment the decision the judgment
ground of fraud, mistake, duress or any for notice of to be or order or
ground vitiating consent. appeal and reviewed or denial of the
within 30 days from the MR or new
Remedy in cases where appeal is not allowed for records on denial of a MR trial.
Special civil action of certiorari or prohibition if there appeal. The or new trial.
is lack or excess of jurisdiction or grave abuse of period for filing
discretion or mandamus if there is no performance of is interrupted
duty. by a timely
motion for
reconsidera-
INTERLOCUTORY ORDER An order which does not
tion or new
dispose of the case but leave something else to be trial.
done by the trial court on the merits of the case.
Section 7. Approval of record on appeal.
A judgment based on compromise is not appealable
and is immediately executory. Procedure if the appeal is through a record on appeal
Section 2. Modes of appeal. 1. file record on appeal
2. appellee may file an objection within 5 days
Ordinary Petition for Petition for
from his receipt thereof
appeal review review on
(appeal by writ [Rule 42] certiorari 3. if there is no objection the court may:
of error) [Rule 45] approve it as presented; OR
direct its amendment on its own or upon
Case is decided Case is The case the motion of the adverse party
by the RTC in decided by raises only a 4. if an amendment is ordered the appellant
its original the MTC. question of must redraft the record within the time
jurisdiction Appealed to law
ordered or if there is no time, within 10 days
Appealed to the the RTC.
CA Petition for
from receipt
review with 5. submit the record for approval with notice on
the CA the adverse party
The period to appeal is MANDATORY and
JURISDICTIONAL. Failure to appeal on time makes the
decision final and executory and deprives the
appellate court of jurisdiction.
However in few instances the court has allowed due

course to such appeals on strong and compelling
reasons of justice.

54
RULE 42 Section 15. Questions that may be raised on

PETITION FOR REVIEW FROM THE REGIONAL TRIAL appeal.
COURTS TO THE COURT OF APPEALS
The appeal can raise only questions of law or fact
Petition for review is not a matter of right but that
discretionary on the CA. It may only give due course 1. were raised in the court below; and
to the petition if it shows on its face that the lower 2. are within the issues framed by the parties
court has committed an error of fact and/or law that thereon.
will warrant a reversal or modification of the decision
or judgment sought to be reviewed; OR dismiss the BRIEF vs. MEMORANDUM
petition if it finds that it is patently without merit, or
prosecuted manifestly for delay, or the questions
raised therein are too unsubstantial to require
BRIEF MEMORANDUM
consideration.
Ordinary appeals Certiorari, Prohibition,
It is merely discretionary on the CA to order the Mandamus, Quo
elevation of the records. This is because until the Warranto and Habeas
petition is given due course, the trial court may still Corpus cases
issue a warrant of execution pending appeal and in
some cases such as ejectment and those of Summary
Procedure, the judgments are immediately executory. Filed within 45 days within 30 days
It is only when the CA deems it necessary that the
Clerk of the RTC will be ordered to elevate the
records of the case. Contents specified Shorter, briefer, only one
by Rules issue involved - no
subject index or
RULE 43 assignment of errors just
facts and law applicable
APPEALS FROM THE COURT OF TAX APPEALS AND
THE QUASI-JUDICIAL AGENCIES TO THE CA
Judgments and final orders or resolutions of the NLRC RULE 45

are reviewable by the COURT OF APPEALS in an APPEAL BY CERTIORARI TO THE SUPREME COURT
original action for certiorari under Rule 65 (St.
Martin Funeral Home vs. NLRC, Sept. 16, 1998).
A party adversely affected by a decision or ruling of RTC, Sandiganbayan or CA
the CTA en banc may file with the Supreme Court a renders decision
verified petition for review on certiorari pursuant to
Rule 45 (Sec. 12, RA 9282).
Any party files a petition for review on
certiorari w/in 15 days from notice of
RULE 44 final judgment or order of lower court
ORDINARY APPEALED CASES or notice of denial of motion for
reconsideration or new trial
Section 9. Appellants reply brief.
Failure to file appellant's brief on time is a ground for Appellant serves copies of petition on
dismissal of the appeal. adverse parties and to the lower court,
If a motion to dismiss an appeal has been filed, it and pay the corresponding docket fees
suspends the running of the period for filing the
appellant brief, as the same would be unnecessary
should the motion be granted.
SC may dismiss the petition or require
the appellee to comment
The failure of the appellant to make specific
assignment of errors in his brief or page references to
the record as required in this section is a ground for
dismissal of his appeal. If given due course, parties may
submit memoranda

Special Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence) SC may affirm, reverse, or modify
judgment of the lower court
55
Section 1. Filing of petition with Supreme Court

CERTIORARI UNDER CERTIORARI UNDER
Appeals to the SC can be taken from a judgment or
final order or resolution of the CA, the RULE 45 RULE 64/65
Sandiganbayan, the RTC or such other courts as
maybe authorized by law and only by verified petition petition is based on petition raises the
questions of law issue as to whether
for review on certiorari on questions of law except
the lower court acted
only in appeals from judgments of the RTC in criminal without jurisdiction or
cases wherein the penalty imposed is life in excess of
imprisonment or reclusion perpetua which shall be jurisdiction or with
elevated by ordinary appeal, or wherein the death grave abuse of
penalty is imposed which is subject to automatic discretion
review.
It is a mode of appeal Special civil action
GENERAL RULE: the findings of fact of the CA are
final and conclusive and cannot be reviewed on Involves the review of Directed against an
the judgment award interlocutory order of
appeal to the SC.
or final order on the the court or where
merits there is no appeal or
EXCEPTIONS to CONCLUSIVENESS OF FACTS: any other plain,
speedy or adequate
1. When the finding is grounded entirely on remedy
speculations, surmise or conjecture;
2. When inference made is manifestly absurd,
mistaken or impossible; Must be made within filed not later than 60
3. When the judgment is premised on a the reglementary days from notice of
misrepresentation of facts; period judgment, order or
resolution appealed
4. When there is grave abuse of discretion in
from
the appreciation of facts;
5. When the findings of fact are conflicting; Stays the judgment or Unless a writ of
6. When the CA in making its findings went order appealed from preliminary injunction
beyond the issues of the case and the same is or temporary
contrary to both the admissions of appellants restraining order is
and appellees; issued does not stay
7. When the findings of fact of the CA are at the challenged
variance with those of the trial court, the SC proceeding
has to review the evidence in order to arrive
The petitioner and the The parties are the
at the correct findings based on the record;
QUESTIONS
respondent are theOF LAW QUESTIONS
aggrieved party OF
8. When the findings of fact are conclusions original parties to the against the lowerFACT
without citation of specific evidence on action, doubt
and theor lower court ordoubt
controversy quasi-judicial
or difference
which they are based; court orasquasi-judicial agency andasthe
to what the law is arises to the truth
9. When the facts set forth in the petition as agency oniscertain
not facts prevailing parties of facts,
or falsehood
well as in the petitioners main and reply impleaded or as to probative
briefs are not disputed by the respondents; value of the evidence
10. The findings of fact of the CA is premised on Motion for Motion presented
for
the supposed evidence and is contradicted by reconsideration is not reconsideration or for
if the appellate court
required new trialthe
is determination
required
the evidence on record; can determine the If ainvolves evaluation or
motion for
11. When certain material facts and issue raised without
reconsideration of
review or evidence
new
circumstances have been overlooked by the reviewing or trial is filed, the
trial court which, if taken into account, evaluating theperiod shall not only
would alter the result of the case in that evidence be interrupted but
they would entitle the accused to acquittal. Can involve questions
another 60 query
daysinvites
shall the
of interpretation ofbe given calibration
to the of the
the law with respect
petitioner whole evidence
( SC Admin.
Certiorari under Rule 45 vs. certiorari under Rule to certain set of facts considering
Matter 002-03 )mainly the
credibility of
64/65 ( special civil action)
witnesses, existence
and relevancy of
REMEDIAL LAW COMMITTEE specific surrounding
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae circumstances and
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and relation to each other
and the whole
probabilities of the
situation
56
to be annulled was rendered and may be availed of

The court is in the Court exercises though the judgment has been executed.
exercise of its original jurisdiction
appellate jurisdiction One important condition for the availment of this
and power of review
remedy - the petitioner failed to move for new trial
in, or appeal from, or file a petition for relief
against, or take other appropriate remedies assailing
RULE 46 the questioned judgment or final order or resolution
ORIGINAL CASES through no fault attributable to him.
Section 2. To what actions applicable. If he failed to avail of those other remedies without
sufficient justification, he cannot resort to
Under B.P. Blg. 129, the CA has original annulment provided in this Rule, otherwise he would
jurisdiction to issue writs of mandamus, prohibition, benefit from his own inaction or negligence.
certiorari, habeas corpus and quo warranto, and
auxiliary writs or processes, whether or not they are Grounds for ANNULMENT OF JUDGMENT
in aid of its appellate jurisdiction, and it has 1. extrinsic fraud or collateral fraud;
exclusive original jurisdiction over actions for 2. lack of jurisdiction;
annulment of judgments of Regional Trial Courts.
Extrinsic fraud shall not be a valid ground if it was
availed of, or could have been availed of, in a motion
for new trial or petition for relief.
Section 4. Jurisdiction over person, how acquired.
JURISDICTION IS ACQUIRED: EXTRINSIC OR COLLATERAL FRAUD is any fraudulent
act of the prevailing party in the litigation which is
1. Over the PETITIONER - by filing of the committed outside of the trial of the case, whereby
petition. the defeated party has been prevented from
2. Over the RESPONDENT - by the service on the exhibiting fully and fairly presenting his side of the
latter of the order or resolution indicating case.
the courts initial action on the petition and
NOT by the service on him of the petition or
by his voluntary submission.
EXTRINSIC LACK OF
Section 5. Action by the court. FRAUD JURISDICTION
PROCEDURAL OUTLINE (original cases in the Court Period of 4 years from Before it is barred
of Appeals) Filing discovery by laches or
1. Filing of the petition action estoppel
2. Order to acquire jurisdiction over
respondents OR Outright dismissal for failure Effect of Trial court Original action
judgment will try the may be refiled
to comply to requirements also form and
case
payment of docket and other legal fees.
3. Require respondents to file COMMENT within
Section. 5. Action by the court.
10 days from NOTICE
Two stages:
4. Court may require the filing of a REPLY or
1. A preliminary evaluation of the petition for
such other pleadings as it may deem
prima facie merit therein, and
necessary
2. The issuance of summons as in ordinary civil
5. Determination of FACTUAL ISSUES, the court
cases and such appropriate proceedings
may delegate the reception of evidence on
thereafter as contemplated in Sec. 6.
such issues to any of its members.
The rule allows the CA to dismiss the petition outright
RULE 47 as in special civil actions.
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND
RESOLUTIONS For the court to acquire jurisdiction over the
respondent, the rule requires the issuance of
Annulment of judgment is a remedy in law summons should prima facie merit be found in the
independent of the case where the judgment sought petition and the same is given due course.

57
RULE 48 Court of Appeals may dismiss the appeal outright

even without motion. The remedy if dismissed for
PRELIMINARY CONFERENCE
improper appeal is to refile it in the proper forum but
has to be within the prescribed period.
Section 3. Binding effect of the results of the
conference
RULE 51
JUDGMENT
In the CA, this procedural device may be availed of
not only in original actions but also in cases on appeal
Law of the Case the opinion delivered on a former
wherein a new trial was granted on the ground of
appeal. It means that whatever is once irrevocably
newly discovered evidence. The CA can act as a trier
established, as the controlling legal rule or decision
of facts, hence the preliminary conference
between the same parties in the same case,
authorized is a convenient adjunct to such power and
continues to be the law of the case, whether correct
function.
on general principles or not, so long as the facts on
which such decision was predicated continue to be
RULE 49
the facts before the court.
ORAL ARGUMENT
But this rule does not apply to resolutions rendered in
Section 3. No hearing or oral argument for motions
connection with the case wherein no rationale has
been expounded on the merits of that action.
Motions in the SC and the CA do not contain notices
of hearing as no oral arguments will be heard in
Section 5. Form of Decision
support thereof; and if the appellate court desires to
The requirement for the statement of facts and the
hold a hearing thereon, it will itself set the date with
law refers to a decision or for that matter a final
notice to the parties.
resolution. The same are not required on minute
resolutions since these usually dispose of the case not
RULE 50
on its merits but on procedural or technical
DISMISSAL OF APPEAL
considerations.
Section 1. Grounds for dismissal of appeal
Although the court may, if it feels necessary, briefly
With the exception of Section 1 (b) dismissal of an
discuss the matter on the merits in an extended
appeal is directory and not mandatory.
resolution.
Other grounds for the dismissal of an appeal are:
With respect to petitions for review and motions for
1. by agreement of the parties, as where the
reconsideration, the Constitution merely requires a
case was amicably settled by them.
statement of the legal basis for the denial thereof or
2. where the appealed case has become moot or
refusal of due course thereto. The court may opt, but
academic.
it is not required to issue an extended resolution
3. where the appeal is frivolous or dilatory.
thereon.
Section 2. Dismissal of improper appeal to the Section 6. HARMLESS ERROR

Court of Appeals The court, at every stage of the proceeding, must
disregard any error or defect which does not affect
No transfer of appeals, erroneously taken to it or to the substantial rights of the parties such as error in
the Court of Appeals, whichever of these tribunals admission or exclusion of evidence or error or defect
has appropriate appellate jurisdiction, will be in the ruling or order.
allowed. Also, elevating such appeal by the wrong
mode of appeal shall be a ground for dismissal. Section 8. Questions that may be decided
A resolution of the Court of Appeals dismissing the Only errors claimed and assigned by a party will be
appeal and remanding the case to the trial court for considered by the court, except errors affecting its
further proceedings is merely interlocutory, hence a jurisdiction over the subject matter. To this exception
motion for its reconsideration filed year later may be has now been added errors affecting the validity of
entertained and granted the judgment appealed from or the proceedings
therein.
Section 3. Withdrawal of Appeal
Even if the error complained of by a party is not
expressly stated in his assignment of errors but the

58
same is closely related to or dependent on an Also known as ancillary or auxiliary remedies, are
assigned error and properly argued in his brief such writs and processes available during the pendency of
error may now be considered by the court. the action which may be resorted to by a litigant to
preserve and protect certain rights and interests
RULE 52 therein pending rendition, and for purposes of the
MOTION FOR RECONSIDERATION ultimate effects, of a final judgment in the case.
The rules now prohibit a second motion for The following are the provisional remedies provided
reconsideration. for in the Rules of Court
1. Preliminary Attachment (Rule 57)
Sec. 3 provides a time limit of 90 days for the 2. Preliminary Injunction (Rule 58)
resolution of a motion for reconsideration filed with 3. Receivership (Rule 59)
the Court of Appeals from the date the same was 4. Replevin (Rule 60)
submitted for resolution, which is normally the filing 5. Support Pendente Lite (Rule 61)
of the last pleading required by the rules of court or
the expiration of such period. PD 1818 prohibits the issuance of injunctive writs not
only against government entities but also against any
Rules now requires the service of the motion to the person or entity involved in the execution,
adverse party implementation, and operation of government
infrastructure projects.
RULE 53 RULE 57
NEW TRIAL PRELIMINARY ATTACHMENT
Filing of a motion for new trial is at any time after The proper party may have the property of the
the perfection of the appeal from the decision of the adverse party attached at the commencement of the
lower court and before the Court of Appeals loses action or at any time before entry of judgment.
jurisdiction over the case
WHEN issued
The ground is newly discovered evidence which could
not have been discovered prior to the trial in the 1. In actions for recovery of a specified sum of
court below by the exercise of due diligence and of money or damages, except moral and
such character as would probably alter the result. exemplary, on a cause of action arising from
law, contract, quasi-contract, delict or quasi-
RULE 56 delict against a party about to depart from
PROCEDURE IN THE SUPREME COURT the Phils. with intent to defraud his creditors;
A. ORIGINAL CASES 2. In actions for recovery of money or property

Rule specifically states what cases may be originally embezzled or fraudulently converted to his
filed with the Supreme Court own use by a public officer, or an officer of a
1. petition for certiorari, prohibition, corp., or an attorney, factor, broker, agent or
mandamus, quo warranto, habeas corpus; clerk, in the course of his employment as
2. disciplinary proceedings against members of such, or by any person in a fiduciary capacity;
the judiciary and attorneys
3. cases affecting ambassadors, other public 3. In actions to recover property unjustly taken
ministers and consuls or concealed, when the property or any of its
part, has been concealed or disposed of to
B. APPEALED CASES Mode of Appeal prevent its being found by the applicant or
In criminal cases where the penalty imposed is death any authorized person;
or reclusion perpetua, an appeal made to the
Supreme Court is through a notice of appeal filed 4. In actions against a person guilty of fraud in
with the RTC in all other cases, an appeal made to incurring or performing an obligation upon
the supreme court is through a petition for review on which the action is based;
certiorari.
5. In actions against a party who has removed or
PROVISIONAL REMEDIES disposed of his property, or is about to do so,
with intent to defraud his creditors;

59
6. In actions against non-residents not found in A TRO issued by the SC or a member therof is
the Phils., or on whom summons is served by effective until further orders.
publication.
GROUNDS FOR OBJECTION
1. insufficiency;
RULE 58 2. if injunction would cause irreparable damage
PRELIMINARY INJUNCTION to the person enjoined while the applicant
can be fully compensated for such damages,
Preliminary Injunction an order granted at any stage PROVIDED the former files a BOND.
of an action or proceeding prior to the judgment
requiring a party or a court, agency or a person to Distinctions
refrain from a particular act or acts.
PRELIMINARY MANDATORY Injunction an order

INJUNCTION PROHIBITION
requiring the performance of a particular act or acts.
directed against a Directed against a
party in the action court, tribunal or a
Grounds person exercising
1. applicant is entitled to the relief demanded; judicial powers
or does not involve Based on the ground
2. commission, continuance or non-performance jurisdiction of the that the court against
of the act complained of would work injustice court whom the writ is
to the applicant if not enjoined; or sought had acted
3. the acts sought to be enjoined probably without or in excess of
jurisdiction
violates the rights of the applicant respecting
the subject of the action and tending to
it may be the main Always the main
render the judgment ineffectual.
action itself or just a action
provisional remedy
Section 5.
There must be prior notice to the person sought to be
enjoined and a hearing before preliminary injunction
may be granted.
RULE 59
RECEIVERSHIP
If great or irreparable injury would result to the
applicant, the court may issue ex parte a temporary WHEN MAY BE GRANTED
restraining order, effective only for 20 days from 1. applicant has an interest in the property or
service on the party sought to be enjoined. fund subject of the proceeding and such
property is in danger of being lost or
If the matter is of extreme urgency and the applicant materially injured unless a receiver is
will suffer grave injustice and irreparable injury, the appointed;
judge may issue a TRO effective only for 72 hours 2. in foreclosure of mortgage, when the
from issuance. Its effectivity may be extended after property is in danger of being wasted or
conducting a summary hearing w/in the 72-hrs period dissipated and that its value is probably
until the application for preliminary injunction can be insufficient to discharge the mortgage debt
heard. or that it has been agreed upon by the
parties;
The total period of effectivity of the TRO shall not 3. after judgment, to preserve the property
exceed 20 days, including the 72 hours. during the pendency of an appeal or to
dispose of it accdg. to the judgment or to aid
If application is denied or not resolved within said execution;
period, the TRO is deemed automatically vacated. 4. when appointment of receiver is the most
convenient and feasible means of preserving,
Effectivity of TRO is not extendible. There is no need administering or disposing of the property in
of a judicial declaration to that effect. litigation.
A TRO issued by the CA or any of its members is A person who refuses or neglects to deliver property
effective for 60 days from service on the party sought within his control and which is the subject of the
to be enjoined.
60
action to the receiver may be punished for contempt

and liable to the receiver for the money or the value See matrix on provisional remedies more detailed
of the property PLUS damages. information.
The receiver shall also file a bond before entering

upon his duties separate from the bond filed by the
applicant.
RULE 60
REPLEVIN
The sheriff shall retain the property for 5 days.

Within such period, the adverse party may object to
the sufficiency of the applicants bond or surety or he
may file a counter-bond.
After 5 days and the adverse party failed to object or

his counter-bond is insufficient, the sheriff shall
deliver the property to the applicant.
Distinctions
REPLEVIN ATTACHMENT
May be sought only Available even if

when the principal recovery of property is
action is recovery of only incidental to the
personal property. relief sought.
Can be sought only when May be resorted to even

defendant is in actual if the property is in
possession of the possession of a third
property. person.
CANNOT be availed of Can be AVAILED of even

when property is in if property is in
custodia legis CUSTODIA LEGIS.
Available before Available from

defendant answers commencement but
before entry of
judgment
Bond is DOUBLE the Bond is FIXED by the

value of the property court
RULE 61
SUPPORT PENDENTE LITE
When may be applied for: at the commencement of

the action or at any time before judgment or final
order.
Failure to comply with an order granting support

pendente lite may warrant the issuance of an order
of execution against the non-complying party. He
may likewise be liable for contempt.

Civil Procedure

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Civil Procedure

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San Beda College of Law

MEMORY AID IN REMEDIAL LAW

Section 3. Cases governed.

MEMORY AID IN REMEDIAL LAW

plaintiff has committed a delict

MEMORY AID IN REMEDIAL LAW

SPLITTING OF JOINDER OF Section 3. Representatives as parties.

Section 6. Misjoinder of causes of action. CLASSIFICATION OF PARTIES IN INTEREST

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

1. Indispensable parties those without whom no INDISPENSABLE NECESSARY

Under the present rule, a person need not be

The non-inclusion of a necessary party may be

MEMORY AID IN REMEDIAL LAW

newspaper of general circulation in accordance with

The substitute defendant need not be summoned.

Service of summons upon a defendant whose identity C. Supervening Incompetence or incapacity of a

MEMORY AID IN REMEDIAL LAW

The action shall continue to be prosecuted by or

D. Transfer of interest (Sec. 19) VENUE JURISDICTION

The case will be dismissed if the interest of plaintiff Procedural Substantive

MEMORY AID IN REMEDIAL LAW

Means of waiving venue: Dismissal of Action for Improper Venue

Answer to If plaintiff fails to

W/in 10 days from PROHIBITED PLEADINGS / MOTIONS

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

except on the ground of lack of jurisdiction executory.

The decision of the RTC in civil cases under this rule,

MEMORY AID IN REMEDIAL LAW

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

Execution Repudiation of Award to be

MEMORY AID IN REMEDIAL LAW

DOCTRINE OF ANCILLARY JURISDICTION

If a counterclaim is filed in the MTC in excess of its

MTC is to set off the claims and file a separate action

One which arises out It does not arise out of

It does not require for It may require for its

It is barred if not set It is NOT barred even

Need not be Must be answered,

GENERAL RULE: A compulsory counterclaim not set

EXCEPTION: If it is an after-acquired counterclaim,

MEMORY AID IN REMEDIAL LAW

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

RULE 7 1. shall be ground for summary dismissal of the

Section 5. Certification against forum shopping. Capacity is challenged by specific denial,

MEMORY AID IN REMEDIAL LAW

case of variance in the substance of the 3. By an allegation of lack of knowledge or

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

The court cannot motu proprio declare a defendant

MEMORY AID IN REMEDIAL LAW

PARTIAL DEFAULT: RULE 10

Section 2. Amendments as a matter of right.

Amendment for the first time is a matter of right

REMEDIAL LAW COMMITTEE

MEMORY AID IN REMEDIAL LAW

SUPPLEMENTAL PLEADINGS a. if it has a resident agent within 15 days

MEMORY AID IN REMEDIAL LAW

complaint in lieu of the reglementary 10-day period.

2. If his motion is denied, he will still have such MODES OF SERVICE

MEMORY AID IN REMEDIAL LAW