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Rules of procedure may be made applicable to

actions pending and undetermined at the time of
their passage, and are deemed retroactive in

PRINCIPLES that sense and to that extent. [In the Matter to

Declare in Contempt of Court Hon. Simeon
Datumanong (2006)].
The Rules of Court shall govern cases brought
CONCEPT OF REMEDIAL LAW after they take effect, and also all further
proceedings then pending, EXCEPT to the extent
Remedial law is that branch of law which that in the opinion of the Court their application
prescribes the method of enforcing rights or would not be feasible or would work injustice.
obtaining redress for their invasion (Bustos v. [Riano citing Rule 114]
Lucero, 81 Phil. 640).

Remedial statute or statutes:

(1) Relating to remedies or modes of
procedure; REMEDIAL LAW
(2) Do not take away or create vested rights;
(3) BUT operate in furtherance of rights Substantive Law - creates, defines and
already existing. (Riano citing Systems regulates rights and duties regarding life, liberty
Factor Corporation v NLRC (2000)) or property which when violated gives rise to a
cause of action (Bustos v. Lucero, 81 Phil. 640)
Remedial law is basically contained in the Rules It is that part of the It refers to the
of Court. Circulars of the Supreme Court law which creates, legislation providing
implementing the Rules of Court (e.g. Rules on defines, or regulates means or methods
Summary Procedure) also contain remedial law. rights, concerning life, whereby causes of
liberty or property or action may be
The Rules of Court, promulgated by authority of the powers of effectuated, wrongs
law, have the force and effect of law, if not in agencies or redressed, and relief
conflict with positive law (Inchausti & Co v de instrumentalities for obtained
Leon (1913)]. The rule is subordinate to the the administration of It is also called
statute, and in case of conflict, the statute will public affairs Adjective Law
prevail. [Shioji v Harvey (1922)]. It makes vested rights
It has no vested rights
Applicability It governs acts and
It is prospective in transactions which
The Rules of Court is applicable in ALL COURTS, application took place
EXCEPT as otherwise provided by the SC [Rule 1, (retroactive)
Sec. 2]. The SC is expressly
It cannot be enacted empowered to
It governs the procedure to be observed in CIVIL by the SC promulgate procedural
or CRIMINAL actions and SPECIAL proceedings rules
[Rule 1, Sec. 3].
It does not apply to the following cases: SUPREME COURT
1. Election cases,
2. Land registration cases, Judicial Power includes the duty of the courts of
3. Cadastral cases justice to settle actual controversies involving
4. Naturalization cases, rights, which are legally demandable and
5. Insolvency proceedings enforceable, and to determine whether or not
6. Other cases not herein provided for there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the
Except by analogy or in a suppletory part of any branch or instrumentality of the
character and whenever practicable and Government (Sec. 1, Art. VIII, 1987 Constitution)
convenient [Rule 4, Sec. 4]
The power of judicial review is the SC’s power to
Prospectivity/ Retroactivity declare a law, treaty, international or executive
agreement, presidential decree, proclamation,
The Rules of Court are not penal statutes and order, instruction, ordinance, or regulation
cannot be given retroactive effect [Bermejo v unconstitutional
Barrios (1970)].
Sec. 5(5), Art. VIII, of the 1987 Constitution observance may have resulted in
provides that that the Supreme Court shall have prejudice to a party's substantive rights.
the power to: Like all rules, they are required to be
1. promulgate rules concerning the followed except only for the most
protection and enforcement of persuasive of reasons when they may be
constitutional rights, pleading, practice, relaxed to relieve a litigant of an injustice
and procedure in all courts; not commensurate with the degree of his
2. admission to the practice of law; thoughtlessness in not complying with
3. the Integrated Bar; the procedure prescribed. [Polanco v Cruz
4. and legal assistance to the (2009)].

Limitations on the rule-making power of

the Supreme Court
Meaning of a Court
Sec 5(5) of Art. VIII of the Constitution sets forth
the limitations to the power: A court is an organ of the government belonging
1. That the rules shall provide a simplified to the judicial department, the function of which
and inexpensive procedure for speedy is the application of the laws to controversies
disposition of cases; brought before it (and) as well as the public
2. That the rules shall be uniform for courts administration of justice.
of the same grade; and
3. That the rules shall not diminish, increase Generally, the term describes an organ of the
or modify substantive rights. government consisting of one person or of
several persons, called upon and authorized to
Power of the Supreme Court to Amend and administer justice. It is also the place where
Suspend Procedural Rules justice is administered. [Riano citing Black’s and
Am. Jur. and C. J. S.]
Power to Amend Remedial Laws
1. The constitutional faculty of the Court to
promulgate rules of practice and Court as Distinguished from a Judge
procedure necessarily carries with it the
power to overturn judicial precedents on COURT JUDGE
points of remedial law through the A tribunal officially
An officer of such
amendment of the Rules of Court. [Pinga assembled under
v Heirs of Santiago (2006)]. authority of law
2. The SC has the sole prerogative to An organ of the
amend, repeal, or even establish new government with a
The judge is the one
rules for a more simplified and personality separate
who “sits” in court
inexpensive process, and the speedy from the person or
disposition of case [Neypes v CA (2005)] judge
A being in imagination
A physical and
Power to Suspend Remedial Laws comparable to a
natural person
1. It is within the inherent power of the corporation
Supreme Court to suspend its own rules May be considered an
A public officer
in a particular case in order to do justice office
[De Guia v De Guia (2001)].
2. When the operation of rules will lead to The circumstances of the court are not affected
an injustice or if their application tends to by the circumstance that would affect the judge.
subvert and defeat instead of promote The continuity of a court and the efficacy of its
and enhance justice, their suspension is proceedings are not affected by the death,
justified [Republic v CA (1978)]. resignation, or cessation from the service of the
3. There is no absolute rule as to what judge presiding over it. In other words, the judge
constitutes good and sufficient cause that may resign, become incapacitated, or be
will merit suspension of the rules. The disqualified to hold office, but the court remains.
matter is discretionary upon the Court The death of the judge does not mean the death
[Republic v Imperial Jr. (1999)]. of the court [Riano citing ABC Davao Auto
4. The bare invocation of "the interest of Supply v. CA (1998)].
substantial justice" is not a magic wand
that will automatically compel this Court Classification of Philippine Courts
to suspend procedural rules [Ramos v Sps 1. Courts of original and appellate
Lavendia (2008)]. jurisdiction
5. Procedural rules are not to be belittled or 2. Courts of general and special jurisdiction
dismissed simply because their non- 3. Constitutional and statutory courts
4. Courts of law and equity Inferior courts – Those which, in relation to
5. Superior and Inferior Courts another court, are lower in rank and subject to
6. Courts of record and not of record review and supervision by the latter. [Regalado]

Courts of original and appellate jurisdiction Courts of record and not of record

Courts of original jurisdiction – Those courts in Courts of record – Those whose proceedings are
which, under the law, actions or proceedings enrolled and which are bound to keep a written
may be originally commenced. record of all trials and proceedings handled by
them. [Regalado] One attribute of a court of
Courts of appellate jurisdiction – Courts which record is the strong presumption as to the
have the power to review on appeal the veracity of its records that cannot be collaterally
decisions or orders of a lower court. [Regalado] attacked except for fraud. All Philippine courts,
including inferior courts, are now courts of
Courts of general and special jurisdiction record. [Riano]

Courts of general jurisdiction – Those competent Courts not of record – Courts which are not
to decide their own jurisdiction and to take required to keep a written record or transcript of
cognizance of all kinds of cases, unless proceedings held therein.
otherwise provided by the law or Rules.
Principle of Judicial Hierarchy
Courts of special or limited jurisdiction – Those
which have no power to decide their own The judicial system follows a ladderized scheme
jurisdiction and can only try cases permitted by which in essence requires that lower courts
statute. [Regalado] initially decide on a case before it is considered
by a higher court. Specifically, under the judicial
Constitutional and statutory courts policy recognizing hierarchy of courts, a higher
court will not entertain direct resort to it unless
Constitutional courts – Those which owe their the redress cannot be obtained in the
creation and existence to the Constitution and, appropriate courts. [Riano citing Santiago v.
therefore cannot be legislated out of existence or Vasquez (1993)]
deprived by law of the jurisdiction and powers
unqualifiedly vested in them by the Constitution. The principle is an established policy necessary
e.g. Supreme Court; Sandiganbayan is a to avoid inordinate demands upon the Court’s
constitutionally-mandated court but created by time and attention which are better devoted to
statute. those matters within its exclusive jurisdiction,
and to preclude the further clogging of the
Statutory courts – Those created, organized and Court’s docket [Lim v. Vianzon (2006)].
with jurisdiction exclusively determined by law.
[Regalado] When the doctrine/principle may be disregarded:
A direct recourse of the Supreme Court’s original
Courts of law and equity jurisdiction to issue writs (referring to the writs of
certiorari, prohibition, or mandamus) should be
Courts of Law- Those courts which administer allowed only when there are special and
the law of the land. They settle cases according important reasons therefor, clearly and
to law. specifically set out in the petition. [Mangahas v.
Paredes (2007)]. The Supreme Court may
Courts of Equity- Those courts which rules disregard the principle of hierarchy of courts if
according to the precepts of equity or justice. warranted by the nature and importance of the
They settle cases according to the principles of issues raised in the interest of speedy justice
equity referring to principles of justice, fainess and avoid future litigations [Riano].
and fair play.
Doctrine of Non-Interference or Doctrine of
Philippine courts are both courts of law and Judicial Stability
equity. Hence, both legal and equitable
jurisdiction is dispensed with in the same The principle holds that courts of equal and
tribunal [U.S. v. Tamparong (1998)] coordinate jurisdiction cannot interfere with each
other’s orders [Lapu-lapu Development and
Superior and Inferior Courts Housing Corp. v. Group Management Corp.
(2002)] The principle also bars a court from
Superior courts – Courts which have the power of reviewing or interfering with the judgment of a
review or supervision over another and lower co-equal court over which it has no appellate
court. jurisdiction or power of review [Villamor v. Salas
The doctrine of non-interference applies with General Rule: No court has the authority to
equal force to administrative bodies. When the interfere by injunction with the judgment of
law provides for an appeal from the decision of another court of coordinate jurisdiction or to
an administrative body to the SC or CA, it means pass upon or scrutinize and much less declare as
that such body is co-equal with the RTC in terms unjust a judgment of another court
of rank and stature, and logically beyond the
control of the latter [Phil Sinter Corp. v. Cagayan Exception: The doctrine of judicial stability does
Electric Power (2002)]. not apply where a third party claimant is

How jurisdiction over the DEFENDANT is acquired
- Acquired by the
1. Voluntary appearance or submission by
the defendant or respondent to the court
2. By coercive process issued by the court
Jurisdiction is defined as the authority to try, to him, generally by the service of
hear and decide a case [Tolentino v. Leviste summons [de Joya v. Marquez (2006),
(2004)]. citing Regalado]

Judicial power includes the duty of the courts of NOTE: In an action in personam, jurisdiction over
justice: [Art 8, Sec. 1, Constitution] the person is necessary for the court to validly
1. To settle actual controversies involving try and decide the case, while in a proceeding in
rights which are legally demandable and rem or quasi in rem, jurisdiction over the person
enforceable; of the defendant is not a prerequisite to confer
2. To determine WON there has been a jurisdiction on the court provided the latter has
grave abuse of discretion amounting to jurisdiction over the res [Alba v. CA (2005)].
lack or excess of jurisdiction on the part
Jurisdiction over the subject matter is the power
All courts exercise judicial power. Only the to deal with the general subject involved in the
Supreme Court is the court created by the action, and means not simply jurisdiction of the
Constitution [Art 8, Sec. 1, Constitution]. The particular case then occupying the attention of
Sandiganbayan is a Constitutionally mandated the court but jurisdiction of the class of cases to
court, but it is created by statute. [PD 1486] which the particular case belongs (Riano citing

REQUISITES FOR A VALID EXERCISE OF It is the power to hear and determine cases of
JURISDICTION the general class to which the proceedings in
1. Court must have jurisdiction over the question belong [Reyes v. Diaz (1941)]
persons of the parties
2. It must have jurisdiction over the subject
matter of the controversy Jurisdiction versus the exercise of jurisdiction
3. It must have jurisdiction over the res
4. It must have jurisdiction over the issues Jurisdiction: the authority to hear and determine
a cause — the right to act in a case. [Arranza v.
BF Homes (2000)].
‘Exercise of Jurisdiction.’: the exercise of this
The manner by which the court acquires power or authority
jurisdiction over the parties depends on whether
the party is the plaintiff or the defendant. Jurisdiction is distinct from the exercise thereof.
Jurisdiction is the authority to decide a case and
The mode of acquisition of jurisdiction over the not the decision rendered therein. When there is
plaintiff and the defendant applies both to jurisdiction over the subject matter, the decision
ordinary and special civil actions. on all other questions arising in the case is but
an exercise of jurisdiction. [Herrera v. Baretto et
How jurisdiction over the PLAINTIFF is acquired - al (1913)]
Jurisdiction over the plaintiff is acquired by filing
of the complaint or petition. By doing so, he
submits himself to the jurisdiction of the court Error of Jurisdiction as distinguished from Error of
[Davao Light & Power Co., Inc. v CA (1991)]. Judgment

Error of judgment
Error of jurisdiction the prescribed docket fee vest a trial
court with jurisdiction over the subject
It is one which the matter or the nature of the action [CB v.
court may commit in CA (1992)](2008 Bar Exam).
the exercise of its a. Exception: Non-payment of docket fee
It is one where the act jurisdiction [Cabrera does not automatically cause the
complained of was v. Lapid (2006)]. dismissal of the case on the ground of
issued by the court It includes errors of lack of jurisdiction as long as the fee
without or in excess of procedure or is paid within the applicable
jurisdiction [Cabrera v. mistakes in the prescriptive or reglementary period,
Lapid (2006)]. court’s mistakes in more so when the party involved
the court’s findings demonstrates a willingness to abide
[Banco Filipino by the rules prescribing such
Savings v. CA (2000)] payment. [Go v. Tong (2003)]
Correctible only by the
Correctible by appeal
extraordinary writ of
[Cabrera v Lapid Doctrine of Primary Jurisdiction
certiorari [Cabrera v
Lapid (2006)]
Ground for reversal Courts cannot and will not resolve a controversy
only if it is shown that involving a question which is within the
Renders a judgment jurisdiction of an administrative tribunal,
prejudice has been
void or voidable [Rule especially where the question demands the
caused [Banco
16 Sec. 1, Rule 65] exercise of sound administrative discretion
Español-Filipino v
Palanca (1918)] requiring the special knowledge, experience and
services of the administrative tribunal to
determine technical and intricate matters of fact
How conferred and determined: [Paloma v. Mora (2005)].
1. Jurisdiction being a matter of substantive
law, the statute in force at the time of the Objective is to guide a court in determining
commencement of the action determines whether it should refrain from exercising its
the jurisdiction of the court. jurisdiction until after an administrative agency
has determined some question or some aspect
2. It is conferred only by the Constitution or of some question arising in the proceeding
the law. before the court [Riano citing Omictin v. CA
3. Jurisdiction CANNOT be:
a. Fixed by agreement of the parties;
b. Cannot be acquired through, or Doctrine of Adherence of Jurisdiction
waived, enlarged or diminished by,
any act or omission of the parties; Also known as doctrine of continuity of
c. Neither can it be conferred by the jurisdiction
acquiescence of the court [Regalado
citing De Jesus v Garcia (1967)]. The court, once jurisdiction has been acquired,
d. Cannot be subject to compromise retains that jurisdiction until it finally disposes of
[Civil Code, Art 2035] the case [Bantua v. Mercader (2001)].

4. Jurisdiction over the subject matter is As a consequence, jurisdiction is not affected by

determined by the allegations of the a new law placing a proceeding under the
complaint and the reliefs prayed for. jurisdiction of another tribunal, EXCEPT:
[Gulfo v. Ancheta (2012)] 1. Where there is an express provision in the
5. It is not affected by the pleas set up by 2. The statute is clearly intended to apply to
the defendant in the answer or in the actions pending before its enactment
answer or in a motion to dismiss. [Sindico [Riano citing People v. Cawaling (1998)].
v. Diaz (2004)].

6. Once attached to a court, it cannot be Objections to Jurisdiction over the Subject Matter
ousted by subsequent statute.
a. Exception: The statute itself When it appears from the pleadings or evidence
conferring new jurisdiction expressly on record that the court has no jurisdiction over
provides for retroactive effect. the subject matter, the court shall dismiss the
[Southern Food v. Salas (1992)] same. (Sec. 1, Rule 9)

7. The filing of the complaint or appropriate The court may on its OWN INITIATIVE object to
initiatory pleading and the payment of an erroneous jurisdiction and may ex mero motu
take cognizance of lack of jurisdiction at any enter into agreement simplifying the
point in the case and has a clearly recognized issues of the case.
right to determine its own jurisdiction [Fabian v. 3. Waiver or failure to object to the
Desierto (1998)]. presentation of evidence on a matter not
raised in the pleadings. Here the parties
Earliest opportunity of a party to raise the issue try with their express or implied consent
of jurisdiction is in a motion to dismiss filed or issues not raised by the pleadings. The
before the filing or service of an answer. Lack of issues tried shall be treated in all respects
jurisdiction over subject matter is a ground for a as if they had been raised in the
motion to dismiss. If no motion is filed, the pleadings.
defense of lack of jurisdiction may be raised as
an affirmative defense in the answer. [Riano
citing Sec. 1(b) and 6 of Rule 16]. JURISDICTION OVER THE RES OR PROPERTY
Jurisdiction over the subject matter may be
raised at any stage of the proceedings, even for Jurisdiction over the res refers to the court’s
the first time on appeal. When the court jurisdiction over the thing or the property which
dismisses the complaint for lack of jurisdiction is the subject of the action.
over the subject matter, it is common reason
that the court cannot remand the case to Jurisdiction over the res may be acquired by the
another court with the proper jurisdiction. Its court
only power is to dismiss and not to make any 1. By placing the property or thing under its
other order. custody (custodia legis)
a. The seizure of the thing under legal
process whereby it is brought into
Effect of Estoppel on Objections to Jurisdiction actual custody of law
b. Example: attachment of property.
General Rule: Estoppel does not apply to confer 2. Through statutory authority conferring
jurisdiction to a tribunal that has none over a upon it the power to deal with the
cause of action. Jurisdiction is conferred by law. property or thing within the court’s
Where there is none, no agreement of the territorial jurisdiction
parties can provide one. Settled is the rule that a. Institution of a legal proceeding
the decision of a tribunal not vested with wherein the power of the court over
appropriate jurisdiction is null and void. the thing is recognized and made
[SEAFDEC-AQD v. NLRC (1992)] effective
b. Example: suits involving the status of
Exception: Participation in all stages of the case the parties or suits involving the
before the trial court, that included invoking its property in the Philippines of non-
authority in asking for affirmative relief, resident defendants.
effectively barred petitioner by estoppel from
challenging the court’s jurisdiction. [Soliven v.
Fastforms (2004)]


It is the power of the court to try and decide

issues raised in the pleadings of the parties.

An issue is a disputed point or question to which

parties to an action have narrowed down their
several allegations and upon which they are
desirous of obtaining a decision. Where there is
no disputed point, there is no issue.

Generally, jurisdiction over the issues is

conferred and determined by:
1. The pleadings of the parties. The
pleadings present the issues to be tried
and determine whether or not the issues
are of fact or law.
2. Stipulation of the parties as when in the
pre-trial, the parties enter into
stipulations of facts and documents or
JURISDICTION OF THE 1. There is no controversy over the land
METROPOLITAN TRIAL COURTS AND 2. In case of contested lands, the value does
not exceed P100, 000:
MUNICIPAL TRIAL COURTS a. The value is to be ascertained:
(1) By the claimant’s affidavit
JURISDICTION OF THE MTCs IN CIVIL CASES (2) By agreement of the respective
claimants, if there are more than
Exclusive Original Jurisdiction one
1. If the amount involved does not exceed (3) From the corresponding tax
P300,000 outside Metro Manila or does declaration of the real property
not exceed P400,000 in Metro Manila in
the following cases: NOTE: MTC decisions in cadastral and
a. Actions involving personal property land registration cases are appealable in
b. Probate Proceeding (testate and the same maner as RTC decisions
intestate) based on gross value of the
estate 1st level courts:
c. Admiralty and maritime cases a. Metropolitan Trial Court – Metro Manila;
d. Demand for money b. Municipal Trial Courts in Cities – situated
in cities
NOTE: Do not include Interest, c. Municipal Circuit Trial Court – composed
Damages of whatever kind, Attorney’s of multi-sala
fees, Litigation Expenses, and Costs d. Municipal Trial Courts – in one
(IDALEC). However, in cases where municipality
the claim for damages is the main
cause of action, or one of the causes
of action, the amount of such claim
shall be considered in determining the
jurisdiction of the court.
2. Actions involving title to, or possession of, BARANGAY CONCILIATION
real property, or any interest therein
where the assessed value of the property JURISDICTION OVER SMALL CLAIMS
or interest therein does not exceed
P20,000 outside Metro Manila or does not MTCs, MeTCs and MCTCs shall have jurisdiction
exceed P50,000 in Metro Manila over actions for payment of money where the
value of the claim does not exceed P100,000
3. Inclusion and exclusion of voters exclusive of interest and costs (Sec. 2, AM 08-8-
7-SC, Oct. 27, 2009).
4. Those governed by the Rules on
Summary Procedure Actions covered are
a. Forcible entry and unlawful detainer 1. Purely civil in nature where the claim or
(FEUD) relief prayed for by the plaintiff is solely
(1) With jurisdiction to resolve issue of for payment or reimbursement of sum of
ownership to determine ONLY money, and
issue of possession (provisional 2. The civil aspect of criminal actions, either
only) filed before the institution of the criminal
(2) Irrespective of the amount of action, or reserved upon the filing of the
damages or unpaid rentals sought criminal action in court, pursuant to Rule
to be recover 111 (Sec. 4, AM 08-8-7-SC).
(3) Where attorney’s fees are
awarded, the same shall not These claims may be:
exceed P20,000 1. For money owed under the contracts of
b. Other civil cases, except probate lease, loan, services, sale, or mortgage;
proceeding, where the total amount of 2. For damages arising from fault or
the plaintiff’s claim does not exceed negligence, quasi-contract, or contract;
P200,000 in MM, exclusive of interests and
and costs. 3. The enforcement of a barangay amicable
settlement or an arbitration award
Special Jurisdiction over petition for writ of involving a money claim pursuant to Sec.
habeas corpus OR application for bail in criminal 417 of RA 7160 (LGC).
cases in the absence of all RTC judges in the
province or city
Delegated Jurisdiction to hear and decide PROCEDURE
cadastral and land registration cases where:
All cases of forcible entry and unlawful detainer differences to amicable settlement by an
(FEUD), irrespective of the amount of damages appropriate lupon
or unpaid rentals sought to be recovered. Where 7. Such other classes of disputes which the
attorney‘s fees are awarded, the same shall not President may determine in the interest
exceed P20,000; of justice or upon the recommendation of
the Secretary of Justice
All other cases, except probate proceedings 8. Any complaint by or against corporations,
where the total amount of the plaintiff‘s claim partnerships, or juridical entities. The
does not exceed P100,000 (outside Metro reason is that only individuals shall be
Manila) or P200,000 (in Metro Manila), exclusive parties to barangay conciliation
of interest and costs. proceedings either as complainants or
Prohibited Pleadings: 9. Disputes where urgent legal action is
1. Motion to dismiss the compliant except necessary to prevent injustice from being
on the ground of lack of jurisdiction; committed or further continued,
2. Motion for a bill of particulars; specifically:
3. Motion for new trial, or for a. A criminal case where the accused is
reconsideration of a judgment, or for under police custody or detention
reopening of trial; b. A petition for habeas corpus by a
4. Petition for relief from judgment; person illegally detained or deprived
5. Motion for extension of time to file of his liberty or one acting in his
pleadings, affidavits, or any other paper; behalf
6. Memoranda; c. Actions coupled with provisional
7. Petition for certiorari, mandamus, or remedies, such as preliminary
prohibition against any interlocutory injunction, attachment, replevin and
order issued by the court; support pendente lite
8. Motion to declare the defendant in d. Where the action may be barred by
default; statute of limitation
9. Dilatory motions for postponement; 10. Labor disputes or controversies arising
10. Reply; from employer-employee relationship
11. Third-party complaints; and 11. Where the dispute arises from the CARL
12. Interventions. [Sec. 14, Prohibited 12. Actions to annul judgment upon a
pleadings and motions] compromise which can be directly filed in

CASES COVERED BY THE RULES ON NOTE: It is a condition precedent under Rule 16;
BARANGAY CONCILIATION can be dismissed but without prejudice

The Lupon of each barangay shall have the

authority to bring together the parties actually JURISDICTION OF THE REGIONAL
residing in the same municipality or city for TRIAL COURTS, FAMILY COURTS,
amicable settlement of all disputes
1. Where one party is the government or JURISDICTION OF THE RTC IN CIVIL CASES
any subdivision or instrumentality thereof
2. Where one party is a public officer or General Original Jurisdiction All cases not
employee, and the dispute relates to the within the exclusive jurisdiction of any
performance of his official functions court/tribunal/person/ body exercising judicial or
3. Offenses punishable by imprisonment quasi-judicial functions
exceeding one (1) year or a fine
exceeding P5,000 Exclusive Original Jurisdiction
4. Offenses where there is no private 1. The action is incapable of pecuniary
offended party estimation
5. Where the dispute involves real a. Such as rescission of contract, action
properties located in different cities or to revive judgment, declaratory relief
municipalities unless the parties thereto (1st part), support, expropriation)
agree to submit their differences to b. If the action is primarily for the
amicable settlement by an appropriate recovery of a sum of money, the claim
lupon is considered capable of pecuniary
6. Disputes involving parties who actually estimation, and jurisdiction over the
reside in barangays of different cities or action will depend on the amount of
municipalities, except where such the claim. [RCPI v. CA (2002)]
barangay units adjoin each other and the c. If the basic issue is something other
parties thereto agree to submit their than the right to recover a sum of
money, if the money claim is purely neglected children, petitions for
incidental to, or a consequence of, the voluntary or involuntary commitment
principal relief sought, the action is of children, the suspension,
one where the subject of the litigation termination or restoration of parental
may not be estimated in terms of authority and other cases cognizable
money. [Soliven v. Fastforms (1992)] under PD 603, EO 56 (1986) and other
related laws
2. Title to, possession of, or interest in, real g. Petitions for the constitution of the
property with assessed value exceeding family home
P20,000 outside Metro Manila, or exceeds
P50,000 in Metro Manila NOTE: In areas where there are no Family
a. Except: Forcible entry and unlawful Courts, the above-enumerated cases shall
detainer cases be adjudicated by the RTC (RA 8369)

3. If the amount involved exceeds P300,000 5. To hear and decide intra-corporate

outside Metro Manila or exceeds controversies, as per Sec. 52, Securities
P400,000 in Metro Manila in the following and Regulations Code
cases: a. Cases involving devises or schemes
a. Admiralty and maritime cases employed by or any acts, of the board
b. Matters of Probate (testate and of directors, business associates, its
intestate) officers or partnership, amounting to
c. Other actions involving personal fraud and misrepresentation which
property may be detrimental to the interest of
d. Demand for money the public and/or of the stockholders,
partners, members of associations or
NOTE: The exclusion of the term organizations registered with the SEC
“damages of whatever kind” in b. Controversies arising out of intra-
determining the jurisdictional amount corporate or partnership relations,
under Sec. 19(8) and Sec. 33 (1) of BP between and among stockholders,
129, as amended by RA 7691, applies members or associates; between any
to cases where the damages are or all of them and the corporation,
merely incidental to or a consequence partnership or association of which
of the main cause of action. However, they are stockholders, members or
if the claim for damages is the main associates, respectively; and between
cause of action, or one of the causes such corporation , partnership or
of action, the amount of such claim association and the state insofar as it
shall be considered in determining the concerns their individual franchise or
jurisdiction of the court.[Admin Circ. right to exist as such entity
09-94] c. Controversies in the election or
appointments of directors, trustees,
4. All actions involving the contract of officers or managers of such
marriage and family relations corporations, partnerships or
JURISDICTION OF FAMILY COURTS (RA d. Petitions of corporations, partnerships
8369) or associations to be declared in the
a. Petitions for guardianship, custody of state of suspension of payments in
children and habeas corpus involving cases where the corporation,
children partnership of association possesses
b. Petitions for adoption of children and sufficient property to cover all its
the revocation thereof debts but foresees the impossibility of
c. Complaints for annulment of meeting them when they respectively
marriage, declaration of nullity of fall due or in cases where the
marriage and those relating to status corporation, partnership of association
and property relations of husband and has no sufficient assets to cover its
wife or those living together under liabilities, but is under the
different status and agreements, and management of a Rehabilitation
petitions for dissolution of conjugal Receiver or Management Committee.
partnership of gains
d. Petitions for support and/or Concurrent Jurisdiction
acknowledgment 1. With the Supreme Court in actions
e. Summary judicial proceedings brought affecting ambassadors, other public
under the provisions of EO 209 ministers and consuls
(Family Code) 2. With the SC and CA in petitions for
f. Petitions for declaration of status of certiorari, prohibition and mandamus
children as abandoned, dependent or against lower courts and bodies in
petitions for quo warranto, habeas 1. Offenses defined and punished under PD
corpus, and writ of continuing mandamus 1083
on environmental cases 2. Disputes relating to:
3. With the SC, CA and Sandigabayan in a. Marriage
petitions for writs of habeas data and b. Divorce
amparo c. Betrothal or breach of contract to
4. With Insurance Commissioner – claims marry
not exceeding P100,000 d. Customary dowry (mahr)
e. Disposition and distribution of
Appellate Jurisdiction over cases decided by property upon divorce
lower courts in their respective territorial f. Maintenance and support and
jurisdictions EXCEPT decisions of lower courts in consolatory gifts (mut’a)
the exercise of delegated jurisdiction. g. Restitution of marital rights
3. Disputes relative to communal properties
Special Jurisdiction - SC may designate certain
branches of RTC to try exclusively criminal cases, NOTE: The Shari’a District Court or the Shari’a
juvenile and domestic relations cases, agrarian Circuit Court may constitute an Agama
cases, urban land reform cases not falling within Arbitration Council to settle certain cases
the jurisdiction of any quasi-judicial body and amicably and without formal trial.
other special cases in the interest of justice.
The Council is composed of the Clerk of Court as
Chairperson and a representative of each of the

Exclusive Jurisdiction
1. All cases involving custody, guardianship, JURISDICTION OF THE
legitimacy, paternity and filiation arising SANDIGANBAYAN
under the Code of Muslim Personal Laws;
2. All cases involving disposition, Original Jurisdiction in all cases involving:
distribution and settlement of estate of 1. Violations of RA 3019 (Anti-Graft and
deceased Muslims, probate of wills, Corrupt Practices Act)
issuance of letters of administration of 2. Violations of RA 1379 (Anti-Ill-Gotten
appointment administrators or executors Wealth Act)
regardless of the nature or aggregate 3. Sequestration cases (E.O. Nos. 1,2,14,14-
value of the property; A)
3. Petitions for the declaration of absence 4. Bribery (Chapter II, Sec. 2, Title VII, Book
and death for the cancellation and II, RPC) where one or more of the
correction of entries in the Muslim principal accused are occupying the
Registries; following positions in the government,
4. All actions arising from the customary whether in permanent, acting or interim
contracts in which the parties are capacity at the time of the commission of
Muslims, if they have not specified which the offense:
law shall govern their relations; and a. Officials of the executive branch
5. All petitions for mandamus, prohibition, occupying the positions of regional
injunction, certiorari, habeas corpus and director and higher, otherwise
all other auxiliary writs and processes in classified as Grade 27 and higher, of
aid of its appellate jurisdiction the Compensation and Position
Classification Act of 1989 (RA 6758)
Concurrent Jurisdiction b. Members of Congress and officials
1. Petitions of Muslim for the constitution of thereof classified as G-27 and up
the family home, change of name and under RA 6758
commitment of an insane person to an c. Members of the Judiciary without
asylum prejudice to the provisions of the
2. All other personal and legal actions not Constitution
mentioned in par 1 (d) wherein the d. Chairmen and Members of the
parties involved are Muslims except those Constitutional Commissions without
for forcible entry and unlawful detainer, prejudice to the provisions of the
which shall fall under the exclusive Constitution
jurisdiction of the MTC. e. All other national and local officials
3. All special civil actions for interpleader or classified as Grade 27 and higher
declaratory relief wherein the parties are under RA 6758
Muslims or the property involved belongs f. Other offenses or felonies committed
exclusively to Muslims by the public officials and employees
mentioned in Sec. 4(a) of RA 7975 as
Cases Cognizable
amended by RA 8249 in relation to laws or special laws administered by
their office BOC;
g. Civil and criminal cases filed pursuant 5. Decisions of the Central Board of
to and in connection with EO Nos. 1, Assessment Appeals in the exercise of its
2, 14-A (Sec. 4, RA 8249) appellate jurisdiction over cases involving
the assessment and taxation of real
NOTE: Without the office, the crime property originally decided by the
cannot be committed. provincial or city board of assessment
Appellate Jurisdiction Over final judgments, 6. Decision of the secretary of Finance on
resolutions or orders of the RTC whether in the customs cases elevated to him
exercise of their original or appellate jurisdiction automatically for review from decisions of
over crimes and civil cases falling within the the Commissioner of Customs which are
original exclusive jurisdiction of the adverse to the government under Sec.
Sandiganbayan but which were committed by 2315 of the Tariff and Customs Code;
public officers below Salary Grade 27. 7. Decisions of Secretary of Trade and
Industry in the case of non-agricultural
Concurrent Original Jurisdiction with SC, product, commodity or article, and the
CA, and RTC for petitions for writs of habeas Secretary of Agriculture in the case of
data and amparo agricultural product, commodity or
article, involving dumping duties and
NOTE: The requisites that the offender the counterveiling duties under Secs. 301 and
offender occupies salary Grade 27 and the 302, respectively, of the Tariff and
offense must be intimately connected with the Customs Code, and safeguard measures
official function must concur for the SB to have under RA 8800, where either party may
jurisdiction appeal the decision to impose or not to
impose said duties.

JURISDICTION OF THE COURT OF Exclusive Original Jurisdiction

1. Over all criminal cases arising from
TAX APPEALS violation of the NIRC and the TCC and
other laws, part of laws, or special laws
UNDER RA 9282 and RULE 5, AM 05-11-07 CTA administered by the BIR or the BOC
where the principal amount of taxes and
Exclusive Original or Appellate Jurisdiction fees, exclusive of charges and penalties
to Review by Appeal: claimed is less than P1M or where there is
1. Decisions of CIR in cases involving no specified amount claimed (the
disputed assessments, refunds of internal offenses or penalties shall be tried by the
revenue taxes, fees or other charges, regular courts and the jurisdiction of the
penalties in relation thereto, or other CTA shall be appellate);
matters arising under the NIRC or other 2. In tax collection cases involving final and
laws administered by BIR; executory assessments for taxes, fees,
2. Inaction by CIR in cases involving charges and penalties where the principal
disputed assessments, refunds of IR amount of taxes and fees, exclusive of
taxes, fees or other charges, penalties in charges and penalties claimed is less
relation thereto, or other matters arising than P1M tried by the proper MTC, MeTC
under the NIRC or other laws and RTC.
administered by BIR, where the NIRC or
other applicable law provides a specific Exclusive Appellate Jurisdiction
period of action, in which case the 1. In criminal offenses
inaction shall be deemed an implied a. Over appeals from the judgment,
denial; resolutions or orders of the RTC in tax
3. Decisions, orders or resolutions of the cases originally decided by them, in
RTCs in local taxes originally decided or their respective territorial jurisdiction,
resolved by them in the exercise of their and
original or appellate jurisdiction; b. Over petitions for review of the
4. Decisions of the Commissioner of judgments, resolutions or orders of
Customs the RTC in the exercise of their
a. in cases involving liability for customs appellate jurisdiction over tax cases
duties, fees or other charges, seizure, originally decided by the MeTCs,
detention or release of property MTCs, and MCTCs in their respective
affected, fines, forfeitures or other jurisdiction.
penalties in relation thereto, or 2. In tax collection cases
b. other matters arising under the a. Over appeals from the judgments,
Customs law or other laws, part of resolutions or orders of the RTC in tax
collection cases originally decided by JURISDICTION OF THE SUPREME COURT IN
them in their respective territorial CIVIL CASES
jurisdiction; and
b. Over petitions for review of the Exclusive Original Jurisdiction in petitions for
judgments, resolutions or orders of certiorari, prohibition and mandamus against the
the RTC in the exercise of their CA, COMELEC, COA, CTA, Sandiganbayan
appellate jurisdiction over tax
collection cases originally decided by Concurrent Original Jurisdiction
the MeTCs, MTCs and MCTCs in their 1. With Court of Appeals in petitions for
respective jurisdiction. certiorari, prohibition and mandamus
against the RTC, CSC, Central Board of
Assessment Appeals, NLRC, Quasi-judicial
JURISDICTION OF THE COURT OF agencies, and writ of kalikasan, all subject
APPEALS to the doctrine of hierarchy of courts.
2. With the CA and RTC in petitions for
JURISDICTION OF THE COURT OF APPEALS certiorari, prohibition and mandamus
IN CIVIL CASES against lower courts and bodies and in
petitions for quo warranto, and writs of
Exclusive Original Jurisdiction in actions for habeas corpus, all subject to the doctrine
annulment of judgments of the RTC of hierarchy of courts.
3. With CA, RTC and Sandiganbayan for
Concurrent Original Jurisdiction petitions for writs of amparo and habeas
1. With SC to issue writs of certiorari, data
prohibition and mandamus against the 4. Concurrent original jurisdiction with the
RTC, CSC, CBAA, other quasi-judicial RTC in cases affecting ambassadors,
agencies mentioned in Rule 43, and the public ministers and consuls.
NLRC (however, this should be filed first
with the CA as per St. Martin Funeral Appellate Jurisdiction
Home case), and writ of kalikasan. 1. By way of petition for review on certiorari
2. With the SC and RTC to issue writs of (appeal by certiorari under Rule 45)
certiorari, prohibition and mandamus against CA, Sandiganbayan, RTC on pure
against lower courts and bodies and writs questions of law and CTA in its decisions
of quo warranto, habeas corpus, whether rendered en banc.
or not in aid of its appellate jurisdiction, 2. In cases involving the constitutionality or
and writ of continuing mandamus on validity of a law or treaty, international or
environmental cases. executive agreement, law, presidential
3. With SC, RTC and Sandiganbayan for decree, proclamation, order, instruction,
petitions for writs of amparo and habeas ordinance or regulation, legality of a tax,
data where the action involves public impost, assessment, toll or penalty,
data or government office jurisdiction of a lower court; and
3. All cases in which the jurisdiction of any
Exclusive Appellate Jurisdiction court is in issue;
1. By way of ordinary appeal from the RTC 4. All cases in which an error or question of
and the Family Courts. law is involved
2. By way of petition for review from the RTC 5. The SC may resolve factual issues in
rendered by the RTC in the exercise of its certain exceptional circumstances (Josefa
appellate jurisdiction. v. Zhandong, 2003)
3. By way of petition for review from the a. The conclusion is grounded on
decisions, resolutions, orders or awards of speculations/ surmises /conjectures
the CSC, CBAA and other bodies b. The inference is manifestly
mentioned in Rule 43 and of the Office of mistaken/absurd/impossible;
the Ombudsman in administrative c. There is grave abuse of discretion;
disciplinary cases. d. The judgment is based on a
4. Over decisions of MTCs in cadastral or misapprehension of facts;
land registration cases pursuant to its e. The findings of fact are conflicting;
delegated jurisdiction; this is because f. There is no citation of specific
decisions of MTCs in these cases are evidence on which the factual findings
appealable in the same manner as are based;
decisions of RTCs. g. The finding of absence of facts is
contradicted by the presence of
evidence on record;
h. The findings of the CA are contrary to
JURISDICTION OF THE SUPREME those of the trial court;
COURT i. The CA manifestly overlooked certain
relevant and undisputed facts that, if
properly considered, would justify a Where there are several claims or causes of
different conclusion; actions between the same or different parties,
j. The findings of the CA are beyond the embodied in the same complaint, the amount
issues of the case; of the demand shall be the totality of the
k. Such findings are contrary to the claims in all the claims of action, irrespective
admissions of both parties. of whether the causes of action arose out of the
same or different transactions (Sec. 33[1], BP


subject to the specific rules prescribed for
a special civil action
a. Special

OF ACTIONS TO b. Ordinary – may be classified as:

(1) As to place
(a) Transitory – action founded on
TRIAL privity of contract between
parties; brought in the place
where the party resides
(b) Local – action founded on privity
ACTIONS of estate only and there is no
privity of contract; brought in a
ACTIONS IN GENERAL: An ordinary suit in a particular place
court of justice by which one party prosecutes (2) As to object – or against which the
another for the enforcement/ protection of a action is directed, actions may be
right or the prevention/redress of a wrong classified as:
[Santos v. Vda. De Caparas, (1959)] (a) In personam;
(b) In rem; or
An action is a formal demand of one’s legal (c) Quasi in rem
rights in a court of justice in the manner (3) As to cause or foundation
prescribed by the court or by the law. (a) Real, or
Determinative fact which converts a claim into (b) Personal
an action or suit is the filing of the same with a
court of justice. (Herrera) ORDINARY CIVIL ACTIONS: An ordinary civil
action is one that is governed by the rules for
Action v. Cause of Action ordinary civil actions [Rule 1, Sec. 3(a) par 2]


is one that is subject to the specific rules
A cause of action is the prescribed for a special civil action; it is also
Ordinary suit in a court
basis of the action filed governed by the rules for ordinary civil actions
of justice, by which one
[Rule 2, Sec.1] [Rule 1, Sec. 3(a) par 2]
party prosecutes
another for the
Fact or combination of CRIMINAL ACTIONS: A criminal action is one by
enforcement or
facts which affords a which the State prosecutes a person for an act or
protection of a right, or
party a right to judicial omission punishable by law. [Rule 1, Sec. 3(b)]
the prosecution or
interference in his
redress of a wrong
A civil action is one by which a party sues
Kinds of Action another for the enforcement or protection of a
right, or the prevention or redress of a wrong.
1. Civil or Criminal [Rule 1, Sec. 3(a) par 1]
a. Civil – one by which a party sues
another for the enforcement or A special proceeding is a remedy by which a
protection of a right, or the prevention party seeks to establish a status, a right, or a
or redress of a wrong particular fact. [Rule 1, Sec. 3 (c)]
b. Criminal – one by which the State
prosecutes a person for an act or
omission punishable by law Action Special Proceeding

2. Ordinary or Special – both are governed As to Parties

by the rules of ordinary civil actions, Involves 2 or more Involves at least 1
parties party or 2 or more
parties in proper Personal
Real action Mixed action
cases action
As to cause of action Personal
Involves a right and a property is
May involve a right,
violation of such right sought to be
but there need not
by the defendant recovered or
be a violation of this Ownership or Both real and
which causes some damages for
right possession of personal
damage/prejudice breach of
real property properties
upon the plaintiff Contract or
is involved are involved
As to formalities the
Requires the Requires no such enforcement
application of legal formalities, as it of a contract
remedies in may be granted are sought
accordance with the upon application Founded on Founded on Founded on
prescribed rules privity of real privity of both
As to governing rules estate contract
Ordinary rules of Special rules of Filed in the Filed in the
procedure procedure court where court where
The rules on
the property the plaintiff or
As to appeal from an interlocutory venue of real
(or any any of the
Order actions
portion defendants
Cannot be directly and govern
thereof) is resides, at the
immediately appealed Can be immediately situated plaintiff’s
to the appellate court and directly option
until after final appealed to the
judgment on the appellate court
Local action Transitory action
Real Actions: Actions affecting title to or One that could be One that could be
possession of real property, or interest therein. instituted in one prosecuted in any one
[Rule 4, Sec. 1 par 1] specific place [Manila of several places
Railroad v. Attorney- [Manila Railroad v.
Personal Actions: All other actions are personal General (1911)] Attorney-General
actions. [Rule 4, Sec.2] (1911)]
Its venue depends
Importance of Distinction: For purposes of Venue depends upon upon the residence of
determining venue of the action (Riano) the location of the the plaintiff or the
1. Real actions shall be commenced and property involved in defendant at the
tried in the proper court which has the litigation (Riano) option of the plaintiff
jurisdiction over the area wherein the real (Riano)
property involved, or a portion thereof, is E.g. Action to recover E.g. Action to recover
situated. [Rule 4, Sec.1] real property sum of money
2. Personal actions may be commenced and
tried where the plaintiff or any of the
principal plaintiffs resides, or where the If action is founded on privity of contract
defendant or any of the principal between parties, then the action is transitory
defendants resides, or in the case of a
non-resident defendant, where he may be But if there is no privity of contract and the
found, at the election of the plaintiff. action is founded on privity of estate only, such
[Rule 4, Sec.2] as a covenant that runs with the land in the
hands of remote grantees, then the action is
NOTE: Not every action involving a real local and must be brought in the place where the
property is a real action because the realty land lies
may only be incidental to the subject matter
of the suit. To be a real action, it is not
enough that the action must deal with real ACTIONS IN REM, IN PERSONAM, AND
property. It is important that the matter in QUASI IN REM
litigation must also involve any of the
following issues: title to, ownership, ACTION
possession, paritition, foreclosure or QUASI IN
mortgage or any interest in real property. REM
(Riano) Directed Directed Directed
against the against against
particular particular foreclosure
thing itself action for
persons persons cadastral of real
breach of
Jurisdiction proceeding estate
over the mortgage
Jurisdiction person of
Jurisdiction over
over the defendant is The question of whether the trial court has
the person of
person of the not required jurisdiction depends on the nature of the action,
defendant not as long as i.e., whether the action is in personam, in rem,
required jurisdiction or quasi in rem. [Riano citing Biaco v. Philippine
over the res Countryside Rural Bank (2007)]
is required
Proceeding The distinction is important to determine
to subject whether or not jurisdiction over the person of the
the interest defendant is required and consequently to
of a named determine the type of summons to be employed.
Proceeding to Action to
defendant [Riano citing Gomez v. Court of Appeals (2004)]
determine the impose a
over a
state or responsibility or
condition of a liability upon a
thing person directly
obligation or Rule 111, Sec 3: When civil action may
lien proceeded independently. — In the cases
burdening it provided for in Articles 32, 33, 34 and 2176 of
Judgment is the Civil Code of the Philippines, the
Judgment independent civil action may be brought by the
binging only
Judgment is binging offended party. It shall proceed independently of
upon impleaded
binding on the upon the criminal action and shall require only a
parties or their
whole world particular preponderance of evidence. In no case, however,
successors in
persons may the offended party recover damages twice
E.g. Probate E.g. Specific E.g. Action for the same act or omission charged in the
proceeding, performance, for partition; criminal action.

CAUSE OF ACTION The remedial right or

right to relief granted The delict or wrongful
CAUSE OF ACTION: A cause of action is the act by law to a party to act or omission
or omission by which a party violates a right of institute an action committed by the
another. [Rule 2, Sec.2] against a person who defendant in violation
has committed a of the primary rights
Every ordinary civil action must be based on a delict or wrong of the plaintiff
cause of action [Rule 2, Sec. 1] against him
Right to sue as a
A cause of action stems from the sources of consequence of the The delict or wrong
obligations under Art. 1156, CC - Law, Contract, delict
Quasi-contract, Acts and omissions punishable Determined by the
Whether such acts
by law and Quasi-delict. [Sagrada Orden etc v. averments in the
give him right of
National Coconut Corporation (1952)] pleading regarding
action determined by
the acts committed
substantive law
Elements of a Cause of Action: by the defendant
1. Plaintiff’s legal right;
2. Defendant’s correlative obligation to There can be no right of action without a cause
respect plaintiff’s right; of action being first established [Regalado citing
3. Defendant’s act/omission in violation of Español v. The Chairman of PVA (1985)]
plaintiff’s right [Ma-ao Sugar Central v.
Barrios (1947)]

RIGHT OF ACTION vs. CAUSE OF ACTION There is a failure to state a cause of action if the
(Regalado) pleading asserting the claim states no cause of
action. This is a ground for a motion to dismiss.
[Rule 16, Sec.1(g)]
Right of action
Cause of action It is submitted that the failure to state a cause of
action does not mean that the plaintiff has “no
cause of action.” It only means that the
plaintiff’s allegations are insufficient for the court
to know that the rights of the plaintiff were order that the complaint may be
violated by the defendant. [Riano] dismissed.

There is a failure to state a cause of action if Ratio: A party may not institute more than one
allegations in the complaint taken together, do suit for a single cause of action. [Rule 2, Sec. 3]
not completely spell out the elements of a 1. To prevent repeated litigation between
particular cause of action. [Riano] the same parties in regard to the same
subject or controversy;
2. To protect the defendant from
A failure to state a cause of action is not the unnecessary vexation. Nemo debet
same as an absence or a lack of cause of action. vexare pro una et eadem causa (No man
The former refers to an insufficiency in the shall be twice vexed for one and the
allegations of the complaint while the latter same cause);
refers to the failure to prove or to establish by 3. To avoid the costs and expenses incident
evidence one’s stated cause of action. [Riano] to numerous suits. [City of Bacolod v. SM
Brewery (1969)]



Whether or not admitting the facts alleged, the JOINDER OF CAUSES OF ACTION
court could render a valid verdict in accordance
with the prayer of the complaint [Santos v. de It is the assertion of as many causes of action as
Leo (2005)] a party may have against another in one
pleading alone. It is also the process of uniting 2
or more demands or rights of action in one
SPLITTING A SINGLE CAUSE OF ACTION; action. [Riano citing Rule 2, Sec. 5 and CJS]
By a joinder of actions, or more properly, a
Definition: The act of instituting two or more joinder of causes of action is meant the uniting
suits on the basis of the same cause of action. of two or more demands or rights of action in
[Rule 2, Sec.4] one action, the statement of more than one
cause of action in a declaration [Ada v. Baylon
The act of dividing a single or indivisible cause of (2012)]
action into several parts or claims and bringing
several actions thereon. (Regalado) SPLITTING OF CAUSES JOINDER OF CAUSES
There is a single Contemplates several
The test of singleness of cause of action lies in cause of action causes of action
the singleness of the delict or wrong violating Prohibited Encouraged
the rights of one person. It causes multiplicity It minimizes
of suits and double multiplicity of suits
For a single cause of action or violation of a vexation on part of and inconvenience on
right, the plaintiff may be entitled to several defendant the parties
reliefs. It is the filing of separate complaints for
these several reliefs that constitutes splitting up Ratio: To avoid a multiplicity of suits and to
of the cause of action which is proscribed by expedite disposition of litigation at minimum
Rule 2, Sec. 3 and 4. [City of Bacolod v. SM cost [Ada v. Baylon (2012)]
Brewery (1969)]
The rule however is purely permissive as the
Effects: plaintiff can always file separate actions for each
1. The filing of one or a judgment upon the cause of action. [Baldovi v. Sarte, (1917)]
merits in any one is available as a ground
for the dismissal of the others. [Rule 2, Joinder shall not include special civil actions
Sec.4] governed by special rules. [Ada v. Baylon (2012)]
2. Filing of the 1st complaint may be
pleaded in abatement of the 2nd Requisites [Rule 2, Sec. 5]:
complaint, on the ground of litis 1. The party joining the causes of action
pendentia; or must comply with the rules on joinder of
3. A judgment upon the merits in any of the parties;
complaints is available as ground for 2. The joinder shall not include special civil
dismissal of the others based on res actions or actions governed by special
judicata. rules;
4. A Motion to Dismiss under Rule 16 (litis 3. Where causes of action are between the
pendentia or res judicata) may be filed in same parties but pertain to different
venues/jurisdictions, the joinder may be
allowed in the RTC provided one of the only when the court trying the case has
causes of action are within the RTC’s jurisdiction over all of the causes of action
jurisdiction and the venue lies therein; therein notwithstanding the misjoinder of the
4. TOTALITY RULE - Where the claims in all same. This is because if the court has no
the causes of action are principally for jurisdiction to try the misjoined action, then the
recovery of money, the aggregate same must be severed and if not so severed, any
amount claimed shall be the test of adjudication rendered by the court with respect
jurisdiction. to the same would be a nullity. [Ada v. Baylon

MISJOINDER OF CAUSES OF ACTION (Rule 2, There is no sanction against non-joinder of

Sec. 6) separate causes of action since a plaintiff needs
only a single cause of action to maintain an
Misjoinder of causes of action is not a ground for action (Regalado).
dismissal of an action. A misjoined cause of
action may, on motion or motu propio, be In case of misjoinder of causes of action, the
severed and proceeded with separately. cause of action erroneously joined need only be
However, if there is no objection to the improper separated and dismissed, without affecting the
joinder or the court did not motu proprio direct a action with regard to other causes of action
severance, then there exists no bar in the (Regalado).
simultaneous adjudication of all the erroneously
joined causes of action. However, this rule exists
PARTIES TO CIVIL ACTIONS Lack of legal capacity Lack of legal
to sue personality to sue
REQUIREMENTS FOR A PERSON TO BE A The plaintiff’s general
PARTY TO A CIVIL ACTION: disability to sue, such
as on account of
The plaintiff is not the
For a Person to be a Party to a Civil Action: minority, insanity,
real party in interest
1. He must be a natural or juridical person incompetence, lack of
or an entity authorized by law juridical personality or
2. He must have legal capacity to sue; and any other general
3. He must be the real party-in-interest disqualifications
It can be used as
A party must be a natural or juridical person or It can be a ground for ground for a MTD
an entity authorized by law a MTD [Rule 16 (1) based on the failure of
- Only natural and juridical persons may be (d)] complaint to state a
parties cause of action. [Rule
- See Art. 44, NC 16 (1) (g)]
- Entities authorized by law may also be
parties, e.g.: Real- Party in Interest
a. Partnership has a juridical personality
separate and distinct from that of each Interest within the meaning of the Rules of Court
of the partners, even in case of failure means material interest or an interest in issue to
to comply with the requirements in Art be affected by the decree or judgment of the
1772 NCC (Art. 1768 NCC) case, as distinguished from mere curiosity about
b. Labor organizations organized in the question involved. [Ang v. Sps. Ang (2012)]
accordance with law may file a
complaint or petition in court in
representation of its members (Art 242 PARTIES TO A CIVIL ACTION
c. As to properties of the Roman Catholic Plaintiff – one having an interest in the matter of
Church, the Archbishop or diocese to the action or in obtaining the relief demanded.
which they belong may be a party The term may either refer to the claiming party,
(Ponce v. Roman Catholic) counter-claimant, cross-claimant, or third-party
Legal Capacity to Sue
Defendant – one claiming an interest in the
Legal capacity to sue or be sued means that the controversy or the subject thereof adverse to the
party is free from general disability (e.g. minority plaintiff. Term may also include:
or insanity) or, in case of juridical entities, that it 1. An unwilling co-plaintiff or one who
must be duly registered in accordance with law should be joined as plaintiff but refuses to
give his consent thereto (Sec. 10, Rule 3)
Under Sec. 4, Rule 8, legal capacity to sue must 2. The original plaintiff becoming a
be averred defendant to the original counterclaim of
defendant; and
3. One necessary to a complete
determination or settlement of the A party who has such an interest in the
questions involved therein controversy or subject matter that a final
adjudication cannot be made, in his absence,
without injuring or affecting that interest. [Riano]
The joinder of a party becomes compulsory when
Who is a real party-in-interest: (Rule 3, Sec. 2) the one involved is an indispensable party.
1. The party who stands to be [Riano citing Rule 3, Sec.7]
benefited/injured by the judgment in the
suit; A person is NOT an indispensable party if his
2. The party entitled to the avails of the suit. interest in the controversy or subject matter is
separable from the interest of the other parties,
Rules: so that it will not necessarily be directly or
1. Every action must be prosecuted or injuriously affected by a decree which does not
defended in the name of the real party in complrete justice between them. [Riano]
interest. [Rule 3, Sec.2]
2. The party’s interest must be direct,
substantial and material [Sumalo v. Litton REPRESENTATIVE AS PARTIES
3. Husband and wife shall sue and be sued Who: Those acting in fiduciary capacity, such as
jointly, except as provided by law [Rule 3, a trustee/guardian/executor/administrator or a
Sec. 4] party authorized by law or ROC. (Rule 3, Sec. 3)
4. A minor or a person alleged to be
incompetent may sue or be sued, with The beneficiary shall be included in the title of
the assistance of his father, mother, the case and shall be deemed to be the real
guardian, or if he has none, a guardian ad party in interest.
litem. [Rule 3, Sec. 5]
5. Minors (represented by their parents) are General Rule: An agent acting in his own name
real parties in interest under the principle and for the benefit of an undisclosed principal
of intergenerational responsibility. [Oposa may sue or be sued without joining the principal.
v. Factoran (1993)]
6. If a party becomes incompetent/ Exception: If the contract involves things
incapacitated during the pendency of the belonging to the principal. [Art. 1883, CC]
action, the action survives and may be
continued by/against the incompetent/
incapacitated assisted by his legal NECESSARY PARTIES
guardian or guardian ad litem [Rule 3,
Sec. 18] Who: One who is not indispensable but ought to
be joined as a party if complete relief is to be
Failure to Name Real Party in Interest accorded as to those already parties, or for a
a. Effect: a motion to dismiss may be filed complete determination or settlement of the
on the ground that the complaint states claim subject of the action (Rule 3, Sec. 8)
no cause of action
(a) If a complaint is filed for and in behalf Indispensable parties v. Necessary parties
of a plaintiff who is not authorized to
do so, the complaint is not deemed Indispensable parties Necessary parties
filed [Rule 3, Sec. 7] [Rule 3, Sec. 8]
b. Remedies: Must be joined under Should be joined
(1) Amendment of pleadings (Alonso v. any and all whenever possible; the
Villamor, 1910); or conditions, his action can proceed
(2) Complaint may be deemed amended presence being a even in their absence
to include the real party-in-interest sine qua non for the because their interest
(Balquidra v. CFI Capiz, 1977) exercise of judicial is separable from that
c. Exception: A real litigant may be held power of the indispensable
bound as a party even if not formally party
impleaded provided he had his day in No valid judgment if The case may be
court (Albert v. University Publishing Co., indispensable party determined in court
1958) is not joined. but the judgment
therein will not resolve
INDISPENSABLE PARTIES the entire controversy
if a necessary party is
Who: An indispensable party is a real party-in- not joined
interest without whom no final determination can They are those with They are those whose
be had of an action. [Rule 3, Sec.7] such an interest in presence is necessary
the controversy that to adjudicate the
a final decree would whole controversy but Compulsory Joinder of Indispensable Parties
necessarily affect whose interests are so (Rule 3, Sec. 7) - Parties in interest without
their rights so that far separable that a whom no final determination can be had of an
the court cannot final decree can be action shall be joined either as plaintiffs or
proceed without their made in their absence defendants
presence. without affecting
them. Joinder of INDISPENSABLE PARTIES are
Whenever in any pleading in which a claim is
asserted a necessary party is not joined, the Effect of Absence of Indispensable Parties:
pleader is under obligation to: 1. It is the duty of the court to stop the trial
1. Set forth the name of the necessary and to order the inclusion of such party
party, if known, and (Cortez v. Avila). Such an order is
2. State the reason why the necessary party unavoidable
is omitted. [Riano citing Rule 3, Sec. 9 par 2. Absence of an indispensable party
1] renders all subsequent actuations of the
court null and void, for want of authority
The non-inclusion of a necessary party does not to act, not only as to the present parties
prevent the court from proceeding in the action, but even as to those present
and the judgment rendered therein shall be
without prejudice to the rights of such necessary
party [Rule 3, Sec. 9 par 3] Permissive Joinder (Rule 3, Sec. 6) - Parties can
be joined, as plaintiffs or defendants, in one
single complaint or may themselves maintain or
INDIGENT PARTIES be sued in separate suits.

Who: An indigent is one who has no money or Requisites of Permissive Joinder:

property sufficient and available for food, 1. Right to relief arises out of the same
shelter, and basic necessities (Rule 3, Sec. 21) transaction or series of transactions
a. Transaction - not only a stipulation or
Authority to Litigate as Indigent Party agreement but any event resulting in
- May be granted upon an ex parte wrong, without regard to whether the
application and hearing wrong has been done by violence,
- It shall include an exemption from neglect, or breach of contract
payment of docket and other lawful fees b. Series of transaction – transactions
(e.g. fees for TSN) connected with the same subject of
the action
NOTE: The amount of docket and other 2. There is a question of law or fact common
lawful fees is a lien on any judgment to all the plaintiffs or defendants
rendered in favor of indigent party, unless 3. Such joinder is not otherwise proscribed
court otherwise provides. by the rules on jurisdiction and venue

Adverse party may contest: Authority may be Distinguished from Joinder of Causes of Action
contested by the adverse party at any time - In joinder of causes of action, it is enough
before judgment is rendered if the cause of action arises out of the
- If the court determines after hearing that same contract
the party declared indigent has sufficient - Unlike permissive joinder of parties, in
income or property, the proper docket joinder of causes of action, there is no
and other lawful fees shall be assessed need for a common question of fact or
and collected by the clerk of court law


Where the plaintiff is uncertain against whom of A party is misjoined when he is made a party to
several persons he is entitled to relief, he may the action although he should not be impleaded.
join any or all of them in the alternative,
although a right to relief against one may be A party is not joined when he is supposed to be
inconsistent with a right to relief against the joined but is not impleaded in the action. (Riano)
other. (Rule 3, Sec. 13)
1. Neither misjoinder nor non-joinder of
COMPULSORY AND PERMISSIVE JOINDER OF parties is a ground for dismissal of an
PARTIES action. [Rule 3, Sec. 11]
a. Non-joinder of an indispensable party general interest in reputation of a specific
is not a ground for outright dismissal. individual. Each of the sugar planters has a
Reasonable opportunity must be given separate and distinct reputation in the
for his inclusion by amendment of the community not shared by the others. [Riano
complaint [Cortez v Avila (1957)]. citing Newsweek, Inc. v. Intermediate Appellate
b. In case of non-joinder of a necessary court (1986)]
party, if the court should find the
reason for such omission A class suit does not require a commonality of
unmeritorious, it may order the interest in the questions involved in the suit.
inclusion of such omitted necessary What is required by the Rules is a common or
party general interest in the subject matter of the
2. Parties may be dropped or added by litigation. [Riano citing Mathay v. Consolidated
order of the court on motion of any party Bank &Trust Company (1974)]
or on its own initiative at any stage of the
action and on such terms as are just. Class Suit Permissive Joinder of
[Rule 3, Sec.11] Parties
There is a single There are multiple
Objections to defects in parties: Objections to cause of action causes of action
defects in parties should be made at the earliest pertaining to separately belonging
opportunity. numerous persons. to several persons.
- The moment such defect becomes
apparent, a motion to strike the names of
the parties must be made. Class Suit Derivative Suit
- Objections to misjoinder cannot be raised
for the first time on appeal [Lapanday An action brought by
Agricultural & Development Corporation minority shareholders
v. Estita (2005)] in the name of the
corporation to redress
wrongs committed
CLASS SUIT against it, for which
When the subject
the directors refuse to
Requisites: (Rule 3, Sec. 12) matter of the
1. Subject matter of the controversy is one controversy is one of
of common/general interest to many common or general
It is a remedy
persons; interest to many
designed by equity
2. The persons are so numerous that it is persons, and the
and has been the
impracticable to join them all as parties parties are so
principal defense of
(i.e. impracticable to bring them all numerous that it is
the minority
before the court); impracticable to bring
shareholders against
3. Parties bringing the class suit are them all before the
abuses by the
sufficiently numerous and representative court, one or more
of the class and can fully protect the may sue or defend for
interests of all concerned; the benefit of all.
In a derivative action,
4. The representative sues/defends for the [Rule 3, Sec. 12]
the real party in
benefit of all. interest is the
corporation itself, not
Any party in interest shall have the right to the shareholders who
intervene to protect his individual interest. [Rule actually instituted it
3, Sec. 12] [Lim v. Lim Yu (2001))

If a class suit is improperly brought, the action is

subject to dismissal regardless of the cause of SUITS AGAINST ENTITES WITHOUT
action [Rule 16, Sec 1 (d)]. JURIDICAL PERSONALITY

A taxpayer's suit or a stockholder's derivative Requisites: (Rule 3, Sec. 15)

suit is in the nature of a class suit, although 1. There are 2 or more persons not
subject to the other requisites of the organized as a juridical entity;
corresponding governing law especially on the 2. They enter into a transaction;
issue of locus standi. [Regalado] 3. A wrong is committed against a 3rd
person in the course of such transaction.
There is no class suit in an action filed by
associations of sugar planters to recover Effect: Persons associated in an entity without
damages in behalf of individual sugar planters juridical personality may be sued under the
for an allegedly libelous article in an name by which they are generally/commonly
international magazine. There is no common or
known, but they cannot sue under such name. to procure the appointment of an executor or
[Rule 3, Sec. 15] administrator for the estate.

The service of summons may be effected upon The substitute defendant need not be
all the defendants by serving upon any of them, summoned. The order of substitution shall be
or upon the person in charge of the office or served upon the parties substituted for the court
place of business maintained under such name. to acquire jurisdiction over the substitute party
[Rule 14, Sec. 8] [Ferreria v Vda de Gonzales (1986)].

EFFECT OF DEATH OF PARTY LITIGANT Death or separation of a party who is a public

officer [Rule 3, Sec. 17]
Survival or Death of Action
The question as to whether an action survives or 1. Public officer is a party to an action in his
not depends on the nature of the action and the official capacity;
damage sued for 2. During the pendency of the action, he
1. Causes of Action that SURVIVE the either dies/resigns or otherwise ceases to
decedent hold office;
a. The wrong complained of affects 3. It is satisfactorily shown to the court by
primarily and principally property and any party, within 30 days after the
property rights successor takes office, that there is a
b. Injuries to the person are merely substantial need to continue/maintain the
incidental action and
c. E.g. Purely personal actions like 4. The successor adopts/continues (or
support threatens to do so) his predecessor’s
3. Causes of Action which DO NOT SURVIVE action
a. The injury complained of is to the 5. The party or officer affected was given
person reasonable notice of the application
b. Property and property rights affected therefore and accorded an opportunity to
are incidental be heard.
c. E.g. actions to recover real and
personal property or to enforce liens
thereon Action on Contractual Money Claims [Rule 3, Sec.
Substitution of Parties: For causes of action that
survive the death of the party, there is Requisites:
substitution of parties 1. The action must primarily be for recovery
of money/debt or interest thereon;
Counsel’s duty: 2. The claim arose from express/implied
1. Inform court within 30 days after such contract;
death of the fact thereof; 3. Defendant dies before the entry of final
2. Give the name and address of the legal judgment in the court in which the action
representatives. was pending.
4. The defendant’s death will not result in
NOTE: Failure to comply with this duty is a the dismissal of the action.
ground for disciplinary action.
The deceased shall be substituted by his legal
Court’s duty: in case of death, the court if the representatives in the manner provided for in
action survives, shall order, upon proper notice, Rule 3, Sec. 16, and the action will continue until
the legal representative of the deceased to the entry of final judgment.
appear and to be substituted for the deceased
within a period of 30 days or within such time as However, execution shall not issue in favor of the
may be granted. winning plaintiff. It should be filed as a claim
- If there is notice of death, court should against the decedent’s estate without need of
await appointment of legal proving the claim.
representative; otherwise, subsequent
proceedings are void. Period of filing of
brief is suspended. Transfer of Interest During Pendency of Action
[Rule 3, Sec. 19]

If no legal representative is named or if the one General rule: The rule does not consider the
so name shall fail to appear within the specified transferee an indispensable party. Hence, the
period, the court may order the opposing party action may proceed without the need to implead
are several plaintiffs, in which case the
Exception: When the substitution by or joinder of remaining plaintiffs can proceed with their own
the transferee is ordered by court. cause of action.

The case will be dismissed if the plaintiff’s

interest is transferred to defendant unless there
3. If the property is located at the
Venue is the place, or the geographical area boundaries of 2 places, file the case in
where an action is to be filed and tried. In civil either place (at the plaintiff’s option).
cases, it relates only to the place of the suit and
not to the jurisdiction of the court. [Riano citing 4. If the case involves 2 properties located
Manila Railroad Company v. Attorney General in 2 different places:
(1911)] a. If the properties are the object of the
same transaction, file it in any of the
Choosing the venue of an action is not left to a 2 places;
plaintiff’s caprice; the matter is regulated by the b. If they are the objects of 2 distinct
Rules of Court. [Ang v. Sps. Ang (2012)] transactions, separate actions should
be filed in each place unless properly

Venue Jurisdiction At the plaintiff’s election: [Rule 4, Sec. 2]

1. Where the plaintiff or any of the principal
Power of the court to plaintiffs resides;
Place where the action 2. Where the defendant or any of the
hear and decide a
is instituted principal defendants resides;
Jurisdiction over the 3. In case of a non-resident-defendant,
subject matter and where he may be found.
over the nature of the
May be waived NOTE: The plaintiff or the defendant must be
action is conferred by
law and cannot-be residents of the place where the action has been
waived instituted at the time the action is commenced.
Procedural Substantive [Ang v. Sps. Ang (2012)]
Is fixed by law and
May be changed by The residence of a person is his personal, actual
cannot be the subject
the written agreement or physical habitation or his actual residence or
of the agreement of
of the parties place of abode, which may not necessarily be his
the parties
legal residence or domicile provided he resides
Establishes a relation
Establishes a relation therein with continuity and consistency.
between plaintiff and
between the court [Boleyley v. Villanueva]
defendant, or
and the subject
petitioner and
matter A corporation cannot be allowed to file personal
actions in a place other than its principal place of
Not a ground for a
Lack of jurisdiction business unless such place is aso the residence
motu propio dismissal
over the subject of a co-plaintiff or defendant. [Clavecilla Radio v.
(except in cases of
matter is a ground for Antillon]
summary procedure;
a motu proprio
Rule 4, Rule on
Summary Procedure)
RESIDENTS (Rule 5, Sec. 3)
Non-resident FOUND in the Philippines:
1. For personal actions – Where the plaintiff
1. Shall be commenced and tried in the
proper court which has jurisdiction over
2. For real actions – Where the property is
the area wherein the real property
involved, or a portion thereof is situated.
[Rule 4, Sec. 1(1)]
NOTE: The alternative venues granted to
plaintiffs in Sec. 2, Rule 4 is not available
2. Forcible entry and detainer actions shall
to a non-resident
be commenced and tried in the municipal
court of the municipality or city wherein
the real property involved, or a portion
thereof, is situated. [Rule 4, Sec. 1(2)]
Non-resident NOT FOUND in the Philippines: An must be able to show that such stipulation is
action may be filed ONLY when the case EXCLUSIVE. In the absence of qualifying or
involves: restrictive words, the stipulation should be
1. Personal status of plaintiff – File at the deemed as merely an agreement on an
place where plaintiff resides additional forum, not as limiting venue to the
2. Any property of said defendant located in specified place. [Riano citing Spouse Lantin v.
the Philippines – File at the place where Lantion, (2006)]
the property (or any portion thereof) is
situated/found The court may declare agreements on venue as
contrary to public policy if such stipulation
NOTE: When there is more than one defendant unjustly denies a party a fair opportunity to file
or plaintiff, the residences of the PRINCIPAL suit in the place designated by the Rules
parties should be the basis for determining [Regalado, citing Hoechst Philippines v Torres
proper venue (Herrera) (1978)].


(Rule 4, Sec. 4)
Improper Venue - The Court may not motu
Rules on Venue DO NOT apply: propio dismiss an action on the ground of
1. If a specific rule/law provides otherwise improper venue. [Dacoycoy v. IAC (1991)]
(e.g. action for damages arising from
libel); EXCEPTION: In summary procedures
2. If there is a stipulation as to venue which
is permitted if the parties have validly Change of Venue - The SC has the power to
agreed change the venue to prevent a miscarriage of
(1) in writing justice. [Art. 8, Sec. 5, 1987 Constitution]
(2) before the filing of the action
(3) on the exclusive venue Waiver of Venue - Until and unless the defendant
objects to the venue in a motion to dismiss prior
to a responsive pleading, the venue cannot truly
EFFECTS OF STIPULATIONS ON VENUE be said to have been improperly laid since for all
intents and purposes, the venue though
To be binding, the parties must have agreed on technically wrong may yet be considered
the exclusive nature of the venue of any acceptable to the parties for whose convenience
prospective action between them. The the rules on venue had been devised. Although
agreement of parties must be restrictive and not venue is mandatory, it is waivable. [Diaz v.
permissive. [Regalado] Adiong (1993)]

In the absence of qualifying restrictive words Means of waiving venue:

(e.g. “only/solely/exclusively in such court”), 1. Where parties validly agreed in writing
venue stipulation is merely permissive; that is, before the filing of the action on the
the stipulated venue is in addition to the venue exclusive venue thereof [Rule 4, Sec 4
provided for in the rules. [Polytrade Corp. v. (b)]; and
Blanco (1969)] 2. Failure to raise improper venue as
affirmative defense or in motion to
The mere stipulation on the venue of an action,
however, is not enough to preclude parties from
bringing a case in other venues. The parties
PLEADINGS Cannot be initiatory as
they are always made
May be initiatory
DEFINITION in a case already filed
in court
Pleadings are the written statements of the Always filed before May be filed even after
respective claims and defenses of the parties, judgment judgment
submitted to the court for appropriate judgment Only 9 kinds of Any application for
[Rule 6, Sec. 1] pleading are allowed relief not by a pleading
by the rules is a motion
Pleading v. Motion May be oral when
made in open court or
Must be written
PLEADING MOTION in the course of a
Purpose: to submit a Purpose: to apply for hearing or trial
claim or defense for an order not included
appropriate judgment in the judgment
ANSWER (Rule 6, Sec. 4)
Kinds of Pleadings Allowed (Rule 6, Sec. 2)
1. Complaint Definition - The pleading where the defendant
2. Answer sets forth his affirmative/negative defenses. It
3. Counterclaim may also be the response to a counterclaim or a
4. Cross-claim cross-claim.
5. 3rd-party Complaint
6. Complaint-in-intervention Two kinds of Defenses that may be set forth in
7. Reply the Answer (Rule 6, Sec. 5) –

1. Negative Defenses - Specific denials of

COMPLAINT(Rule 6, Sec. 3) the material facts alleged in the pleading
of the claimant essential to his cause of
Definition - The pleading alleging the plaintiff’s action.
cause/s of action. It should contain a concise  A denial is not specific just because it
statement of the ultimate facts constituting the is so qualified (Agton v. CA)
plaintiff’s cause/s of action, not evidentiary facts  A general denial will be deemed an
or legal conclusions. admission of the averments in the
complaint; it has to be specific
Contents – Statement of ultimate facts on which  Modes of Denial (Sec. 10, Rule 8)
the plaintiff relies for his claim: a. Defendant must specify each
1. It must be in a methodical and logical material allegation of fact the
form truth of which he does not admit
2. Plain, concise, and direct b. If pleader decides to deny only a
3. Statement of mere evidentiary facts are part or a qualification of an
omitted (Rule 8, Sec. 1) averment, he shall specify so
much of it as true and deny the
Function remainder
1. Its function is to inform the defendant c. If pleader is without knowledge or
clearly and definitely of claims made information sufficient to form a
against him so that he may be prepared belief as to the truth of a material
to meet the issues at trial. averment, he shall so state
2. It should inform the defendant of all
material facts on which the plaintiff relies 2. Affirmative Defenses - Allegations of new
to support his demand. matters which, while hypothetically
3. It should state the theory of a cause of admitting the material allegations in the
action which forms the bases of plaintiff’s claimant’s pleading, would nevertheless
claim of liability. [Tantuico v. Republic prevent/bar recovery by him. It includes
(1991)] fraud, prescription, release, payment and
any other matter by way of confession
and avoidance.
Ultimate Facts - Essential facts constituting the
plaintiff’s cause of action. A fact is essential if it Negative Pregnant - Denial pregnant with an
cannot be stricken out without leaving the admission. It is a denial pregnant with the
statement of the cause of action insufficient. admission of the substantial facts in the pleading
[Remitere v. Montinola (1966)] responded to which are not squarely denied. It is
in effect an admission of the averment it is
Non-Ultimate Facts: directed to. [Philamgen v. Sweet Lines (1993)]
1. Evidentiary or immaterial facts;
2. Legal conclusions, conclusions or While it is a denial in the form its substance
inferences of facts from facts not stated, actually has the effect of an admission because
or incorrect inferences or conclusions of a too literal denial of the allegation sough to
from facts stated; be denied. This arises when the pleader merely
3. Conclusions of law alleged in the repeats the allegations in a negative form.
complaint are not binding on the court.
4. The details of probative matter or Insufficient denial or denial amounting to
particulars of evidence, statements of admissions:
law, inferences and arguments. 1. General denial; and
2. Denial in the form of a negative pregnant
Test of Sufficiency of the Facts alleged in the
Complaint: WON upon the averment of facts, a
valid judgment may be properly rendered COUNTERCLAIM
[Pamintan v. Costales (1914)].
Definition - Any claim which a defending party Does not require for May require for its
may have against an opposing party. its adjudication the adjudication the
1. A counterclaim is in the nature of a cross- presence of third presence of third
complaint. Although it may be alleged in parties of whom the parties over whom
the answer, it is not part of the answer. court cannot acquire the court cannot
2. Upon its filing, the same proceedings are jurisdiction. acquire jurisdiction.
had as in the original complaint. Barred if not set up in Not barred even if not
3. For this reason, it must be answered 10 the action. set up in the action.
days from service [Rule 11, Sec 4] Must be answered,
Need not be otherwise, the
How to Raise Counterclaims answered; no default. defendant can be
declared in default.
1. By including it in the Answer Since permissive, it
a. A compulsory counterclaim or a cross- requires the payment
claim that a defending party has AT No need for separate
of docket fees (Sun
THE TIME he files his answer shall be docket fees
Insurance v.
contained therein. [Rule 11, Sec. 8] Asuncion, 1989)
b. Exception: Pleadings may be
amended under Rule 11, Sec. 10: Compulsory Counterclaim
(1) By leave of court;
(2) Before judgment; 1. Requisites:
(3) On the grounds of: a. It must arise out of, or be necessarily
(4) Oversight; connected with, the
(5) Inadvertence; transaction/occurrence that is the
(6) Excusable neglect; subject matter of the opposing party's
(7) When justice requires. claim;
b. It does not require for its adjudication
2. By filing after the Answer (Rule 11, Sec. the presence of 3rd parties of whom
9) the court cannot acquire jurisdiction;
a. Counterclaims/cross-claims arising c. It must be within the court’s
AFTER the answer, jurisdiction both as to the amount and
b. How done: the nature. [Regalado, citing
(1) By filing a supplemental pleading Quintanilla v CA (1997)]
before judgment
(2) WITH court’s permission 2. General Rule: A compulsory counterclaim
not set up in the answer is deemed
Rules on Counterclaims barred.
1. In an original action before the RTC, the a. Exceptions:
counterclaim may be considered (1) If it is a counterclaim which either
compulsory regardless of the amount. matured or was acquired by a
[Rule 6, Sec. 7] party after serving his answer. In
2. In the case of Agustin v. Bacalan (1985), this case, it may be pleaded by
if a counterclaim is filed in the MTC in filing a supplemental answer or
excess of its jurisdictional amount, the pleading before judgment. [Rule
excess is considered waived. 11, Sec. 9]
3. But in Calo v. Ajax (1968), the remedy (2) When a pleader fails to set up a
where a counterclaim is beyond the counterclaim through oversight,
jurisdiction of the MTC is to set off the inadvertence, excusable
claims and file a separate action to negligence, or when justice so
collect the balance. requires. He may, by leave of
court, set-up the counterclaim by
Kinds of Counterclaims amendment of the pleading (Rule
11, Sec. 10)

Compulsory 3. A plaintiff who fails or chooses not to

counterclaim answer a compulsory counterclaim may
not be declared in default, principally
One which arises out because the issues raised in the
of or is necessarily It does not arise out counterclaim are deemed automatically
connected with the of nor is it necessarily joined by the allegations in the complaint.
transaction or connected with the [Gojo v. Goyala (1970)]
occurrence -that is subject matter of the 4.
the subject matter of opposing party's 5. The filing of a MTD and the setting up of a
the opposing party's claim. compulsory counterclaim are
claim. incompatible remedies.
a. In the event that a defending party 2. It must arise out of the subject matter of
has a ground for dismissal and a the complaint or of the counterclaim;
compulsory counterclaim at the same 3. The cross-claimant is prejudiced by the
time, he must choose only one claim against him by the opposing party.
b. If he decides to file a MTD, he will lose General Rule: A cross-claim is always
his counterclaim. But if he opts to set compulsory. A cross-claim not set up shall be
up his counterclaim, he may still plead barred. [Rule 9, Sec. 2]
his ground for dismissal as an
affirmative defense in his answer. Exceptions: Permissive Cross-Claims
c. If any of the grounds to dismiss under 1. When it is outside the court’s jurisdiction;
Rule 17, Sec. 3 arise, the proper 2. If the court cannot acquire jurisdiction
recourse for a defendant who desires over 3rd parties whose presence is
to pursue his compulsory necessary for the adjudication of said
counterclaim in the same proceeding cross-claim. In this case, the cross-claim
is not a MTD. is considered permissive.
d. Instead, he should only move to have 3. Cross claim that may mature or may be
the plaintiff declared non-suited on acquired AFTER service of Answer
the complaint so that the latter can no
longer present his evidence thereon, Effect on Cross-Claim when Complaint is
and simultaneously move that he be Dismissed - The dismissal of the complaint
declared as in default on the carries with it the dismissal of a cross-claim
compulsory counterclaim, and reserve which is purely defensive, but not a cross-claim
the right to present evidence ex parte seeking an affirmative relief. [Torres v. CA
on his compulsory counterclaim. [BA (1973)]
Finance v. Co (1993)]
Improper Cross-Claims
Permissive Counterclaim 1. Where the cross-claim is improper, the
remedy is certiorari (Malinao v. Luzon
1. Counterclaim is permissive if it does not Surety, 1964)
arise out of, nor is necessarily connected 2. The dismissal of a cross-claim is
with, the subject matter of the opposing unappealable when the order dismissing
party’s claim the complaint becomes final and
a. This is not barred even if not set up in executory (Ruiz, Jr. v. CA, 1993)
the action 3. A cross-claim is not allowed after
b. Must have independent jurisdictional declaration of default of cross-claimant
ground (Herrera). Hence, the filing of (Tan v. Dimayuga, 1962) It would be
a separate docket fee. tantamount to setting aside the order of
default because then the cross-claimant
2. Test to determine whether a counterclaim would re-obtain a standing in court as
is compulsory or permissive: LOGICAL party litigant
a. Where conducting separate trials of Counter-Counterclaims and Counter-Cross-
the respective claims would entail Claims (Rule 6, Sec. 9)
substantial duplication of effort and 1. Counter-Counterclaim - A claim asserted
time and involves many of the same against an original counter-claimant.
factual and legal issues. [Meliton v. 2. Counter-Cross-claim - A claim filed
CA (1992)] against an original cross-claimant.

3. NOTE: If the counterclaim matures AFTER

6, Sec. 11)

Effect on Counterclaim when Complaint is Definition - It is a claim that a defending party

Dismissed - Under Section 3, Rule 17, dismissal may, with leave of court, file against a person
of action due to plaintiff’s fault shall be without not a party to the action for contribution,
prejudice to the defendant’s right to prosecute indemnity, subrogation or any other relief, in
his counterclaim in the same/separate action. respect of his opponent's claim.

There could also be a 4th/etc.-party complaint

CROSS-CLAIM with the same purpose and function.

Requisites: 3rd Party

Cross-claim Counterclaim
1. A claim by one party against a co-party; complaint
Against a Against an Against a
person not a 1. WON it arises out of the same transaction
co-party opposing party party to the on which the plaintiff's claim is based, or
action although arising out of another/different
May arise out of transaction, is connected with the
Must arise or be necessarily plaintiff’s claim;
out of the connected with 2. WON the 3rd-party defendant would be
transaction the transaction liable to the plaintiff or to the defendant
Must be in for all/part of the plaintiff’s claim against
that is the or the subject
respect of the original defendant;
subject matter of the
the 3. WON the 3rd-party defendant may assert
matter of opposing party’s
opponent’s any defenses which the 3rd-party plaintiff
the original claim
(plaintiff’s) has or may have to the plaintiff’s claim.
action or of (compulsory
a counterclaim),
counterclai or it may not Additional Rules
m therein (permissive 1. Leave of court to file a 3rd-party
counterclaim) complaint may be obtained by motion
No need for Leave of under Rule 15.
No need for 2. Summons on 3rd (4th/etc.) – party
a leave of court is
leave of court defendant must be served for the court to
court needed
obtain jurisdiction over his person, since
he is not an original party.
3rd-party complaint Complaint in 3. Where the trial court has jurisdiction over
intervention the main case, it also has jurisdiction over
Brings into the action the 3rd-party complaint, regardless of the
a 3rd person who was Same amount involved as a 3rd-party complaint
not originally a party is merely auxiliary to and is a
Initiative is with the Initiative is with a continuation of the main action. [Republic
person already a party non-party who seeks v. Central Surety (1968)]
to the action to join the action 4. A 3rd-party complaint is not proper in an
action for declaratory relief.

3rd-party complaint Counterclaim

Need not be within the Must be within the
Pleadings-in-Intervention (Rule 19, Sec. 3)
jurisdiction of the jurisdiction of the
1. Complaint-in-intervention – If intervenor
court trying the main court trying the main
asserts a claim against either or all of the
case case
original parties.
Diminishes/defeats Need not
2. Answer-in-intervention – If intervenor
the recovery sought diminish/defeat the
unites with the defending party in
by the opposing party recovery sought by
resisting a claim against the latter.
the opposing party
Cannot exceed the May exceed in
Definition - INTERVENTION is a remedy by which
amount stated in the amount or be
a third party, not originally impleaded in a
original complaint different in kind from
proceeding, becomes a litigant therein to enable
that sought in the
him to protect or preserve a right or interest
original complaint
which may be affected by such proceeding.
Basis of Third-Party Complaint - Under this Rule,
Its purpose is "to settle in one action and by a
a person not party to an action may be
single judgment the whole controversy (among)
impleaded by the defendant either:
the persons involved." [First Philippine Holdings
1. On allegation of liability to the latter
v. Sandiganbayan (1996); Rule 19]
2. On the ground of direct liability to the
plaintiff; or
When Allowed - Intervention shall be allowed
3. Both (1) and (2)
when a person has:
1. A legal interest in the matter in litigation;
Situation in (1) is covered by the phrase
2. Or in the success of any of the parties;
“contribution, indemnity or subrogation”,
3. Or an interest against the parties; and
while (2) and (3) are subsumed under the
4. When he is so situated as to be adversely
catch-all phrase (Samala v. Victor, 1989)
affected by a distribution or disposition of
property in the custody of the court or of
an officer thereof. [First Philippine
Tests to Determine Whether the 3 rd-Party
Holdings v. Sandiganbayan (1996)]
Complaint is in Respect of Plaintiff’s Claim
(Capayas v. CFI, 1946)
Not an Independent Action - Intervention is not a. With respect to indispensable parties,
an independent action, but is ancillary and intervention may be allowed even on
supplemental to an existing litigation. [First appeal (Falcasantos v. Falcasantos)
Philippine Holdings v. Sandiganbayan (1996)] b. When the intervenor is the Republic
1. It is neither compulsory nor mandatory (Lim v. Pacquing)
but only optional and permissive. c. Intervention may be allowed after
[Mabayo v. CA (2002)] judgment where necessary to protect
2. The Court has full discretion in permitting some interest which cannot otherwise
or disallowing intervention, which must be protected, and for the purpose of
be exercised judiciously and only after preserving the intervenor’s right to
consideration of all the circumstances appeal (Pinlac v. CA)
obtaining in the case. [Mago v. CA (1999)]
3. It is not an absolute right as it can be Remedy for Denial of Motion for Intervention
secured only in accordance with the 1. The movant may file a motion for
terms of applicable statute or rule. [Office reconsideration since the denial of a
of Ombudsman v. Samaniego (2010)] motion for intervention is an interlocutory
Meaning of Legal Interest - Interest must be of a 2. Alleging grave abuse of discretion,
direct and immediate character so that the movant can also file a certiorari case.
intervenor will either gain or lose by the direct
legal operation of the judgment. The interest
must be actual and material, a concern which is REPLY
more than mere curiosity, or academic or
sentimental desire; it must not be indirect and Definition - The plaintiff’s response to the
contingent, indirect and remote, conjectural, defendant's answer. The function of which is to
consequential or collateral. [Virra Mall Tenants v. deny or allege facts in denial or in avoidance of
Virra Mall (2011)] new matters alleged by way of defense in the
answer and thereby join or make issue as to
Requisites for Valid Intervention such new matters. (Rule 6, Sec. 10)
1. There must be a motion for intervention
filed before rendition of judgment by the Effect of Failure to Reply
trial court. 1. General Rule - Filing a reply is merely
2. Movant must show in his motion that he optional. New facts that were alleged in
has a: the answer are deemed controverted
a. Legal interest in (1) the matter of should a party fail to reply thereto.
litigation, (2) the success of either of 2. Exception – When a Reply is necessary
the parties in the action or (3) against a. To set up affirmative defenses on the
both parties. counterclaim (Rosario v. Martinez)
b. That the movant is so situated as to b. Where the answer alleges the defense
be adversely affected by a distribution of usury in which case a reply under
or other disposition of property in the oath should be made; otherwise, the
custody of the court or an officer allegation of usurious interest shall be
thereof deemed admitted [Rule 8, Sec. 8; Sun
c. That the intervention must not unduly Bros. v. Caluntad]
delay or prejudice the adjudication of c. Where the defense in the answer is
the rights of the original parties and based on an actionable document, a
that the intervenor’s rights may not reply under oath must be made;
be fully protected in a separate otherwise, the genuineness and due
proceeding. execution of the document shall be
deemed admitted. [Rule 8, Sec. 11;
How to Intervene Toribio v. Bidin]
1. With leave of court, the court shall
consider the 2 factors
2. Motion to intervene may be filed at any
time before rendition of judgment by trial PLEADINGS ALLOWED IN SMALL CLAIM
3. Copy of the pleadings-in-intervention OF SUMMARY PROCEDURE
shall be attached to the motion and
served on the original parties Under the Revised Rules on Summary Procedure
– The only pleadings allowed to be filed are:
Time to Intervene: (Rule 19, Sec. 2) (Sec. 3)
1. General Rule: The motion to intervene 1. Complaints
must be filed at any time before the 2. Compulsory counterclaims and cross-
rendition of judgment by the trial court claims pleaded in the Answer; and
2. Exceptions: 3. Answers thereto
3. Motion for new trial, or for reconsideration
Prohibited Pleadings, Motions, or Petitions (Sec. of a judgment, or for reopening of trial;
19) 4. Petition for relief from judgment;
1. Motion to dismiss the complaint or to 5. Motion for extension of time to file
quash the complaint or information pleadings, affidavits, or any other paper;
except on the ground of lack of 6. Memoranda;
jurisdiction over the subject matter, or 7. Petition for certiorari, mandamus, or
failure to comply with required barangay prohibition against any interlocutory
conciliation proceedings; order issued by the court;
2. Motion for a bill of particulars; 8. Motion to declare the defendant in
3. Motion for new trial, or for default;
reconsideration of a judgment, or for 9. Dilatory motions for postponement;
opening of trial; 10. Reply;
4. Petition for relief from judgment; 11. Third-party complaints; and
5. Motion for extension of time to file 12. Interventions.
pleadings, affidavits or any other paper;
6. Petition for certiorari, mandamus, or
prohibition against any interlocutory PARTS OF A PLEADING (Rule 7, Sec. 1 to 3)
order issued by the court;
7. Motion to declare the defendant in CAPTION
8. Dilatory motions for postponement; Caption - Court’s name, action’s title (i.e. parties’
9. Reply; names) and docket number.
10. Third party complaints; and
11. Interventions. Body - Pleading’s designation, allegations of
party's claims/defenses, relief prayed for and
Forms Used Under the Rule of Procedure under pleading’s date.
Small Claims Cases 1. Paragraphs must be numbered, and each
1. Instead of filing complaint, a Statement of paragraph number must contain a single
Claim using Form 1-SCC shall be filed set of circumstances
[Sec. 5] 2. Headings: if more than one cause of
2. Answer shall be filed by way of a action, use "1st cause of action," 2nd
Response using Form 3-SCC [Sec. 10] cause of action," etc.
3. Defendant may file counterclaim if he 3. Specify relief sought, but it may add a
possesses a claim against the plaintiff general prayer for such further/other
that relief as may be deemed just/equitable.
a. Is within the coverage of this Rule, 4. Every pleading shall be dated.
exclusive of interest and costs;
b. Arises out of the same transaction or
event that is the subject matter of the SIGNATURE AND ADDRESS
plaintiff’s claim;
c. Does not require for its adjudication Every pleading must be signed by the party or
the joinder of third parties; and counsel representing him.
d. Is not the subject of another pending
action, the claim shall be filed as a The address must be stated and such address
counterclaim in the Response; must not be a post office box
otherwise, the defendant shall be
barred from suit on the counterclaim. Effect of Signature of Counsel in a Pleading -
Signature of counsel constitutes a certificate by
The defendant may also elect to file a him that:
counterclaim against the plaintiff that does not 1. He has read the pleading
arise out of the same transaction or occurrence, 2. That to the best of his knowledge,
provided that the amount and nature thereof are information, and belief there is good
within the coverage of this Rule and the ground to support it; and
prescribed docket and other legal fees are paid. 3. That it is not interposed for delay

NOTE: Courts decision shall be contained in Form Unsigned Pleadings

13-SCC 1. No legal effect
2. Court may, in its discretion, allow such
Prohibited Pleadings and Motions in Small Claims remedy to be remedied if it appears that:
1. Motion to dismiss the complaint except a. It was due to mere inadvertence; and
on the ground of lack of jurisdiction; b. It was not intended for delay
2. Motion for a bill of particulars;
FORUM SHOPPING (Rule 7, Sec. 4) Forum Shopping - The filing of multiple suits in
different courts, simultaneously or successively,
Verification - Pleadings need not be verified, involving the same parties, to ask the courts to
unless otherwise provided by the law/rules rule on the same/related causes and/or to grant
the same or substantially the same relief. [T'Boli
Verification is Required in the following: Agro-Industrial Development, Inc. (TADI) v.
1. Pleadings filed in the inferior courts in Solidapsi (2002)] (Asked in the 2006 Bar Exam)
cases covered by the Rules on Summary
Procedure are all required to be verified Test to Determine WON there is forum shopping:
2. Petition for relief from judgment or order WON in the 2 or more cases pending, there is
(Sec. 3, Rule 38) identity of:
3. Petition for review from RTC to the CA 1. Parties
(Sec. 1, Rule 42) 2. Rights or causes of action
4. Petition for review from quasi-judicial 3. Relief sought
agencies to the CA (Sec. 5, Rule 43)
5. Appeal by certiorari from the CTA to the Certificate of Non-Forum Shopping (CNFS) (Rule
SC (Sec. 12, RA 9282 amending Sec. 19, 7, Sec. 5)
RA 1125) 1. The CNFS is to be executed by the
6. Appeal by certiorari from CA to the SC petitioner, not by the counsel.
(Sec. 1, Rule 45) 2. CNFS is required only for complaints or
7. Petition for annulment of judgments or initiatory pleadings (e.g. permissive
final orders and resolutions (Sec. 1, Rule counterclaim, cross-claim etc.).
47) 3. CNFS is not required in a compulsory
8. Complaint for injunction (Sec. 4, Rule 58) counterclaim. A counterclaim is not an
9. Application for appointment of receiver initiatory pleading. [UST Hospital v. Surla
(Sec. 1, Rule 59) (1998)]
10. Application for support pendente lite a. However, a certification is needed in
(Sec. 1, Rule 69) permissive counterclaims (Korea
11. Petition for certiorari against judgments, Exchange Bank v. Gonzales)
final orders, or resolutions of 4. The lack of certification against forum
constitutional commissions (Sec. 2, Rule shopping is not curable by mere
64) amendment of a complaint, but shall be a
12. Petition for certiorari (Sec. 1, Rule 65) cause for the dismissal of the case
13. Petition for prohibition (Sec. 2, Rule 65) without prejudice. The general rule is that
14. Petition for mandamus (Sec. 3, Rule 65) subsequent compliance with the
15. Petition for quo warranto (Sec. 1, Rule 66) requirements will not excuse a party's
16. Complaint for expropriation (Sec. 1, Rule failure to comply in the first instance.
67) [Ramirez v. Mar Fishing (2012)]
17. Complaint for forcible entry or unlawful
detainer (Sec. 4, Rule 70) Who Executes the Certification - Certification
18. Petition for indirect contempt (Sec. 4, against forum shopping ordained by the Rules is
Rule 71) to be executed by the petitioner, not his counsel.
19. Petition for appointment of a general The petitioner is in the best position to know
guardian (Sec. 2, Rule 93) whether he filed or caused the filing of a petition
20. Petition for leave to sell or encumber in the case.
property of the ward by a guardian (Sec.
1, Rule 95) Certification by counsel is defective certification.
21. Petition for declaration of competency of In Santos v. CA, the Court held that a special
a ward (Sec. 1, Rule 97) power of attorney was insufficient.
22. Petition for habeas corpus (Sec. 3, Rule
102) Effect of Submission of False CNFS or Non-
23. Petition for change of name (Sec. 2, Rule Submission:
103) 1. Indirect contempt
24. Petition for voluntary judicial dissolution 2. Administrative and criminal actions
of a corporation (Sec. 1, Rule 104)
25. Petition for cancellation or correction of Effect of Willful and Deliberate Forum Shopping
entries in the civil registry (Sec. 1, Rule 1. Ground for summary dismissal of the case
108) with prejudice;
2. Direct contempt and administrative
How a pleading is verified: By an affidavit sanctions.
1. That the affiant read the pleading;
2. That the allegations therein are true and NOTE: the CNFS is mandatory but NOT
correct of his personal knowledge or jurisdictional.
based on authentic documents.
Requirement of a Corporation executing the fulfillment or legal excuse for non-fulfillment
verification/ CNFS - Only individuals vested with must be averred.
authority by a valid board resolution may sign
the certificate of non-forum shopping in behalf of A general averment of the performance or
a corporation. In addition, the Court has required occurrence of all conditions precedent shall be
that proof of said authority must be attached. sufficient [Rule 8, Sec. 3]
Failure to provide a certificate of non-forum
shopping is sufficient ground to dismiss the All valid conditions precedent to the institution of
petition. Likewise, the petition is subject to a particular action, whether prescribed by
dismissal if a certification was submitted statute, fixed by agreement of the parties, or
unaccompanied by proof of the signatory’s implied by law must be performed or complied
authority. [PAL v. FASAP (2006)] with before commencing the action. Such fact
must be pleaded.

Failure to comply with a condition precedent is a

ALLEGATIONS IN A PLEADING (Rule 8) ground for a motion to dismiss (Rule 16, Sec.
Examples of Conditions Precedent:
In General – (Rule 8, Sec. 1) 1. Exhaustion of administrative remedies
1. Every pleading shall contain a statement 2. Investigation by a fiscal is a prerequisite
of the ultimate facts on which the party to annulment of marriage when
pleading relies for his claim or defense defendant defaults (Tolentino v.
a. In a methodical and logical form Villanueva)
b. A plain, concise and direct statement 3. No suit shall be filed or maintained
c. Statement of mere evidentiary facts between members of the same family
omitted unless it should appear that earnest
efforts at compromise have been made
2. If a defense relief is based on law, state in but that the same have failed. (Art. 222;
a clear and concise manner: Versoza v. Versoza)
a. Pertinent provisions of the law 4. Arbitration; Barangay Conciliation
b. Applicability of the law to him
Capacity – What must be averred:
Facts that must be averred PARTICULARLY - 1. Facts showing the capacity of a party to
Circumstances showing fraud/mistake in all sue or be sued; or
averments of fraud/mistake [Rule 8, Sec. 5] 2. The authority to sue or be sued in a
representative capacity;
Facts that may be averred GENERALLY: 3. Or the legal existence of an organized
1. Conditions precedent; but there must still association of persons that is made a
be an allegation that the specific party (Rule 8, Sec. 4)
condition precedent has been complied
with, otherwise it will be dismissed for Fraud, Mistake, Malice, Intent, Knowledge and
lack of cause of action; [Rule 8, Sec. 3] Other Condition of the Mind, Judgments, official
2. Capacity to sue or be sued; documents, or acts - Circumstances constituting
3. Capacity to sue or be sued in a fraud or mistake must be stated with
representative capacity; [Rule 8, Sec. 4] particularity while malice, intent, knowledge or
4. Legal existence of an organization; A other condition of the mind of a person may be
party desiring to raise an issue as to the averred generally [Rule 8, Sec. 5]
legal existence or capacity of any party to
sue or be sued in a representative Judgment - In pleading a judgment or decision of
capacity shall do so by specific denial a domestic or foreign court, judicial or quasi-
which shall include supporting particulars judicial tribunal, or of a board or officer, it is
within the pleader's knowledge. [Rule 8, sufficient to aver the judgment or decision
Sec 4] without setting forth matter showing jurisdiction
5. Malice/intent/knowledge or other to render it. (Rule 8, Sec. 6)
condition of the mind; [Rule 8, Sec. 5]
6. Judgments of domestic/foreign courts,
tribunals, boards or officers (without need PLEADING AN ACTIONABLE DOCUMENT (Rule 8,
to show jurisdiction); [Rule 8, Sec. 6] Sec. 7)
7. Official documents/acts. [Rule 8, Sec. 9]
Actionable Document - The written instrument
upon which the action or defense is based.
Condition Precedent – If the cause of action Where a pleader relies upon a document, its
depends upon a condition precedent, its substance must be set out in the pleading either
by its terms or by its legal effects
2. Partial Specific Denial - If pleader decides
Pleading the actionable document: to deny only a part or a qualification of an
1. The substance of such instrument or averment:
document shall be set forth in the a. He shall specify so much of it as is
pleading; and true and material
2. The original or copy thereof shall be b. He shall deny the remainder
attached to the pleading as an exhibit,
which shall be deemed to be part of the 3. Disavowal of Knowledge - If defendant is
pleading; or without knowledge or information
3. Said copy may with like effect be set forth sufficient to form a belief as to the truth
in the pleading of a material averment made in the
A variance in the substance of the document set a. He shall so state
forth in the pleading and the document annexed b. This shall have the effect of a denial
thereto does not warrant dismissal of the action
(Convets Inc. v. National Dev. Co.) Effect of Failure to make Specific Denials:
1. General Rule: Allegations not specifically
How to Contest an Actionable Document (Rule 8, denied are deemed admitted (Rule 8, Sec.
Sec. 8) 11)
1. By specific denial under oath; and
2. By setting forth what is claimed to be the 2. Exceptions: Averments not deemed
facts admitted even if not specifically denied
a. Allegations as to the amount of
NOTE: The genuineness and due execution of the unliquidated damages;
document must be denied SPECIFICALLY b. Allegations immaterial to the cause of
- Due Execution - That the party whose action
signature it bears admits that he c. Allegations of merely evidentiary or
voluntarily signed it; or that it was signed immaterial facts may be expunged
by another for him with his authority from the pleading or may be stricken
- Genuineness - That the party whose out on motion. [Rule 8, Sec. 12]
signature it bears admits that at the time d. Conclusion of law.
it was signed it was in words and figures
exactly as set out; and that the When a specific denial requires an OATH – When
formalities, such as swearing and the genuineness and due execution of an
acknowledgement, or revenue stamps actionable document is contested or denied, the
which are required by law are waived by specific denial must be under oath. (Rule 8, Sec.
him 8)

Failure to Deny Under Oath the Actionable

1. The genuineness and due execution is
deemed admitted
2. The document need not be formally
offered in evidence EFFECT OF FAILURE TO PLEAD (Rule 9)


SPECIFIC DENIALS (Rule 8, Sec. 10)
General Rule: Defenses and objections not
The purpose of requiring the defendant to make pleaded in answer or motion to dismiss are
a specific denial is to make him disclose the deemed waived. (Omnibus Motion Rule)
matters alleged in the complaint which he
sincerely intends to disprove at the trial, Exceptions:
together with matters which he relies upon to 1. Lack of jurisdiction over the subject
support the denial (Herrera). matter;
2. Litis pendentia between same parties for
Modes of Denial: the same cause
3. Res judicata
1. Specific Absolute Denial - Defendant must 4. Action barred by statute of limitations.
specify each material allegation of fact
the truth of which he does not admit
a. Whenever applicable, he shall set FAILURE TO PLEAD COMPULSORY
forth the substance of the matters COUNTERCLAIM AND CROSS-CLAIM
which he will rely upon to support the
denial General Rule: A compulsory counterclaim not set
up is considered barred. [Rule 9, Sec. 2]
4. There must be notice to the defendant by
Exception: If due to oversight, inadvertence, serving upon him a copy of such motion
excusable neglect, etc. the compulsory 5. There must be proof of such failure to
counterclaim, with leave of court, may be set up answer
by amendment before judgment. [Rule 11, Sec. 6. There must be a hearing to declare
10] defendant in default

For Cross-Claims: A cross-claim is always Effect of Order of Default:

compulsory. A cross-claim not set up shall be 1. The court shall proceed to render
barred. [Rule 9, Sec. 2] judgment granting the claimant such
relief as his pleading may warrant; or in
its discretion
DEFAULT (Rule 9, Sec. 3)
2. Shall require the claimant to submit
Definition: Failure of the defendant to answer evidence;
within the proper period. It is not his failure to
appear nor his failure to present evidence 3. Loss of standing in court of the defaulting
party – meaning he cannot appear
Dual stages of default: therein, adduce evidence and be heard
1. Declaration of Order of Default – when nor take part in the trial
defendant fails to answer within the time
specified in the rules, the court shall, 4. Defendant is still entitled to notices of
upon motion of the plaintiff and proof of subsequent proceedings
such failure, declare defendant in default a. A defendant declared in default
cannot take part in the trial, but he
2. Rendition of Judgment by Default – cannot be disqualified from testifying
thereafter, on the basis of the allegation as a witness in favor of non-defaulting
of the complaint or after receiving defendants. [Cavili v. Florendo (1987)]
plaintiff’s evidence, the court shall render b. A party in default is entitled to notice
judgment granting him such relief as the of:
complaint and the facts proven may (1) Motion to declare him in default;
warrant (2) Order declaring him in default;
(3) Subsequent proceedings;
(4) Service of final orders and
Order of default Judgment by default judgments.

Issued by the court on 5. A defending party declared in default

Rendered by the court retains the right to appeal from the
plaintiff’s motion, for
following a default judgment by default. However, the
failure of the
order or after it grounds that may be raised in such an
defendant to file his
received ex parte appeal are restricted to any of the
responsive pleading
plaintiff’s evidence following:
Interlocutory -Not a. The failure of the plaintiff to prove the
Final – Appealable material allegations of the complaint;
b. The decision is contrary to law; and
When a Declaration of Default is Proper: c. The amount of judgment is excessive
or different in kind from that prayed
There is only one instance when a party for. [Ortero v. Tan (2012)]
defendant can properly be declared in default
and that is when he fails to file his answer within
the reglementary period, or within such Relief from an Order of Default (Lina v. CA)
extended time as he is allowed by the court, 1. The defendant in default may file a
under Sec. 1, Rule 18 motion, under oath, to set aside the order
of default
Elements of a Valid Order of Default  At any time after discovery thereof
1. The court must have validly acquired (from Notice) and before judgment,
jurisdiction over the person of the
defendant either by service of summons 2. If the judgment has already been
or voluntary appearance rendered, he may file for new trial under
2. The defendant failed to file his answer Sec. 1 (a) Rule 37
within the time allowed therefor  When the defendant discovered the
3. There must be a motion to declare the default, but before the same has
defendant in default with notice to the become final and executory
3. If defendant discovered the default after 2. If the claim is not proved, the case should
judgment had become final and be dismissed
executory, he may file a petition for relief 3. As held in Datu Samad Mangelen v. CA
under Sec. 2, Rule 38 (1992):
a. In a judgment based on evidence
4. He may also appeal from the judgment presented ex parte, judgment should
rendered against him as contrary to the not exceed the amount or be different
evidence or to the law, even if no petition in kind from that prayed for.
to set aside the order of default has been b. On the other hand, in a judgment
presented by him where an answer was filed but
defendant did not appear at the
Partial Default - When the complaint states a hearing, the award may exceed the
common cause of action against several amount or be different in kind from
defendants some of whom answers and some of that prayed for.
them do not, the court should declare defaulting
defendants in default, and proceed to trial on Actions Where Default is NOT allowed:
answers of others 1. An action for annulment or declaration of
nullity of marriage
If the defense is personal to the one who 2. For legal separation
answered, it will not benefit those who did not 3. Special civil actions of certiorari,
answer. prohibition and mandamus where
comment instead of an answer is required
Extent of Relief to be Awarded to be filed
1. A judgment rendered against a party in 4. Summary procedure
default shall not exceed the amount or be
different in kind from that prayed for nor
award unliquidated damages


After the lapse of time to file an answer, the plaintiff may move to declare the
If defendant
motion denied:
in default
Defendant allowed to file an answer

If motion granted:
Court issues order of default and renders judgment or require plaintiff to submit evidence ex parte

Before judgment by default is rendered, defendant may:

(1) Move to set aside order of default upon showing of FAME and that he has a meritorious defense;
(2) Avail of Rule 65 in proper cases Court maintains order of default

FILING AND SERVICE OF PLEADINGS It is not simply the filing of the complaint or
appropriate initiatory pleading but the payment
PAYMENT OF DOCKET FEES of the prescribed docket fee, that vests a trial
Court sets aside order of default and defendant is allowed to filewith
court an answer
jurisdiction over the subject matter or
As a rule, the court acquires jurisdiction over the nature of the action [Proton Pilipinas v. Banque
case only upon payment of prescribed fees National de Paris (2005)]
Presentation of plaintiff’s evidence ex-parte
General rule: Without payment, case is Effect of Failure to Pay Docket Fees at Filing
considered not filed. PaymentCase
of docket fees is
set for pre-trial
mandatory and jurisdictional. 1. The Manchester Rule: Manchester v. CA
a. Automatic Dismissal
If plaintiff proves his allegations:If plaintiff fails proves his allegations:
Judgment by default Case is dismissed
b. Any defect in the original pleading 10. Similar papers.
resulting in underpayment of the
docket fees cannot be cured by
amendment, such as by the reduction PERIODS OF FILING OF PLEADINGS
of the claim as, for all legal purposes,
there is no original complaint over PERIOD
which the court has acquired PLEADING PERIOD COUNTED
jurisdiction FROM
Service of
2. Relaxation of the Manchester Rule by Sun summons,
Insurance v. Asuncion (1989) unless a
a. NOT automatic dismissal different
b. Court may allow payment of fees Within 15 days
period is fixed
within reasonable period of time. Note by the court
that payment should always be within (Rule 11, Sec.
the prescriptive period of the action 1
filed. Within 30 days if
the defendant is a
3. Further modification by Heirs of Hinog v. Answer to foreign private Receipt of
Melicor (2005) the juridical entity summons
a. Fees as lien Complaint and service of (Rule 11, Sec.
b. Where the trial court acquires summons is made 2)
jurisdiction over a claim by the filing on government
of the pleading and the payment of official
the prescribed filing fee, BUT At least 60 days
SUBSEQUENTLY, the judgment awards In case of non- Service of
a claim not specified in the pleading, resident extrajudicial
or cannot then be estimated, or a defendant on summons
claim left for determination by the whom (Sec. 15, Rule
court, then the additional filing fee extrajudicial 14)
shall constitute a lien on the judgment service is made
Answer to Within 15 days Service of a
4. Exception to the Sun Insurance doctrine: AMENDED (if amendment copy of the
Gochan v. Gochan Complaint was a matter of amended
a. The Sun Insurance rule allowing (amended right) complaint
payment of deficiency does not apply counterclai
where plaintiff never demonstrated m, cross-
any willingness to abide by the rules claim, 3rd Notice of the
to pay the docket fee but stubbornly Within 10 days
party order
insisted that the case filed was one (if amendment
complaint, admitting the
for specific performance and was not a matter
complaint same (Rule 11,
damages. of right)
in Sec. 3)
From service
Filing - The act of presenting the pleading or Within 10 days (Rule 11, Sec.
m or Cross-
other paper to the clerk of court. [Rule 13, Sec. 4)
2] Same rule as
Answer to
answer to the
Service - The act of providing a party or his third (4th, Within 15 days
counsel with a copy of the pleading or paper etc)- party
(Rule 11, Sec.
concerned. [Rule 13, Sec. 2] complaint
From service
Papers required to be filed and served: (Rule 13, of the
Sec. 4) pleading
1. Pleading subsequent to the complaint; Reply Within 10 days
responded to
2. Appearance; (Rule 11, Sec.
3. Written Motion; 6)
4. Notice; Answer to Within 10 days From notice of
5. Order; supplemen the order
6. Judgment; tal admitting the
7. Demand; complaint same, unless a
8. Offer of Judgment; different
9. Resolution; period is fixed
by the court 2. Registered Mail - The date of mailing is
the date of filing
NOTE: Upon motion and on such terms as may a. Date of filing is determinable from 2
be just, the court may extend the time to plead sources:
provided in these Rules. The court may also, (1) From the post office stamp on the
upon like terms, allow an answer or other envelope
pleading to be filed after the time fixed by these (2) From the registry receipt
Rules. [Rule 11, Sec. 11]
b. It is done by depositing in the post
MANNER OF FILING (1) In a sealed envelope
(2) Plainly addressed to the party or
As per Rule 13, Sec. 3: his counsel
1. Personally (a) At his office if known
a. By By personally presenting the (b) Otherwise, at his residence if
original to the clerk of court. known
b. The pleading is deemed filed upon the (3) Postage fully pre-paid
receipt of the same by the clerk of (4) With instructions to the
court who shall endorse on it the date postmaster to return the mail to
and hour of filing. the sender after 10 days if
c. If a party avails of a private carrier, undelivered
the date of the court’s actual receipt
of the pleading (not the date of Substituted Service (Rule 13, Sec. 8)
delivery to the private carrier) is 1. Done by delivery of the copy to the clerk
deemed to be the date of the filing of of court with proof of failure of both
that pleading. [Benguet Electric personal and service by mail
Cooperative v. NLRC (1992)] 2. Proper only when:
a. Service cannot be made personally or
2. By Registered Mail by mail
a. Filing by mail should be through the b. Office and place of residence of the
registry service (i.e. by depositing the party of his counsel being unknown
pleading in the post office). 3. Service is complete at the time of such
b. The pleading is deemed filed on the delivery
date it was deposited with the post
Filing a pleading by facsimile is not sanctioned. RESOLUTIONS (Rule 13, Sec. 9)
But fax was allowed in an extradition case
(Justice Cuevas v. Juan Antonio Munoz) Service is done either:
1. Personally
2. By registered mail
MODES OF SERVICE 3. By publication ONLY IF:
a. Party is summoned by publication
Personal Service (Rule 13, Sec. 6) AND
1. Delivering personally a copy to the party, b. He failed to appear in the action
who is not represented by a counsel, or to
his counsel; or NOTE: There is NO substituted service of
2. Leaving a copy in counsel’s office with his judgments and final orders
clerk or with a person having charge
thereof; or
3. Leaving the copy between 8am and 6pm PRIORITIES IN MODES OF SERVICE AND FILING
at the party’s or counsel’s residence, if
known, with a person of sufficient age General rule: Personal filing and service is
and discretion then residing thereon – if preferred. (Rule 13, Sec. 11)
not person is found in his office, or if his
office is unknown, or if he has no office Resort to other modes of filing and service must
be accompanied by an explanation why the
Service by Mail (Rule 13, Sec. 7) service/filing was not done personally. If there is
1. Ordinary Mail - it does not constitute filing no written explanation, the paper is considered
until the papers are actually delivered not filed.
into the custody of clerk or judge
a. Service may be done by ordinary mail Exception: Papers emanating from the court.
if no registry service is available in the
locality of either sender or addressee
clients, because he was so busy. [Bayog v.
Completeness of Natino]
Proof of service
service (Rule 13
(Rule 13 Sec. 13)
Sec. 10)
Personal service PROOF OF FILING
Written admission of
the party served, OR 1. Filing is proved by its existence in the
Official return of the record of the case (Rule 13, Sec. 12)
server OR
Upon actual delivery Affidavit of the party 2. If it is not in the record:
serving, with a full
statement of the When pleading is
Proof of filing
date/place/manner of deemed filed
service. Personally
Service by ordinary mail Upon receipt of the Written/stamped
10 days after Affidavit of the person pleading by the clerk acknowledgment by
mailing, unless mailing of facts of court the clerk of court
otherwise provided showing compliance By registered mail
by the court with Sec. 7 of Rule 13. Registry receipt, and
Service by registered mail affidavit of the person
Affidavit of the person who did the mailing
Whichever is earlier: with:
mailing of facts
showing compliance (a) Full statement
Actual receipt by the of the
with Sec. 7 of Rule 13
addressee date/place of
OR depositing the
5 days after the mail in the
addressee received post office in a
Registry receipt issued On the date the
1st postmaster's sealed
by the post office pleading was
notice (Constructive) envelope
deposited with the
addressed to
Substituted Service post office
the court
At the time of delivery of the copy to the clerk (b) Postage fully
of court together with proof of failure of both paid
personal service and service by mail (c) Instructions to
Purpose of the rule on completeness of service postmaster to
for service by registered mail: return the mail
to the sender
To make sure that the party being served with after 10 days
the pleading, order or judgment is duly informed if undelivered
of the same so that such party can take steps to
protect the interests, i.e., enable to file an
appeal or apply for other appropriate reliefs
before the decision becomes final. [MINTERBRO PROOF OF SERVICE (Rule 13, Sec. 13)
v,CA (2012)]
Service to the lawyer binds the party. But service A written admission of
to the party does not bind the lawyer, unless the party served, OR
ordered by the court in the following The official return of
circumstances: the server; OR
1. When it is doubtful who the attorney for Personal Service Affidavit of the party
such party is; or serving containing a
2. When the lawyer cannot be located; or full statement of the
3. When the party is directed to do date, place, and
something personally, as when he is manner of service
ordered to show cause. [Retoni, Jr. v. CA] Affidavit of the person
mailing stating the
Notice to the lawyer who appears to have been Service by ordinary
facts showing
unconscionably irresponsible cannot be mail
compliance with Rule
considered as notice to his client, as it would 13, Sec. 7
then be easy for the lawyer to prejudice the Service by registered Affidavit of person
interests of his client by just alleging that he just mail mailing containing
forgot every process of the court affecting his facts showing
compliance with Rule
13, Sec. 7, AND 2. Instances:
Registry receipt issued a. Substantial amendment – before
by mailing office; OR responsive pleading is filed
The registry return (1) Amendment of complaint before
card which shall be an answer is filed.
filed immediately upon (2) Amendment of answer before a
its receipt by the reply is filed or before the period
sender, or in lieu for filing a reply expires
thereof of the (3) Amendment of reply any time
unclaimed letter within 10 days after it is served
together with the b. Formal amendment
certified or sworn copy
of the notice given by
the postmaster to the AMENDMENTS BY LEAVE OF COURT (Rule 10,
addressee. Sec. 3)

When leave of court is necessary before

AMENDMENT AND SUPPLEMENTAL amendment is allowed:
PLEADINGS 1. All substantial amendments (unless it
falls under Rule 10, Sec. 2 as a matter of
HOW TO AMEND PLEADINGS (Rule 10, Sec. 1) right)
1. Adding an allegation of a party; 2. When a responsive pleading has already
2. Adding the name of a party; been served
3. Striking out an allegation of a party;
4. Striking out the name of a party; Requisites:
5. Correcting a mistake in the name of a 1. A motion for leave of court to amend
party; and pleading is filed
6. Correcting a mistaken or inadequate a. Amended pleading should be attached
allegation or description in any other to the motion (see Sec. 9, Rule 15)
respect 2. Notice is given to the adverse party
3. Parties are given opportunity to be heard
A new copy of the entire pleading,
incorporating the amendments, which Grounds for allowance of the amendment
shall be indicated by appropriate marks, 1. If it appears to the court that the motion
shall be filed. (Rule 10, Sec. 7) was made to delay the action, leave of
court is not given
Purpose: That the actual merits of the 2. There must be some reasonable grounds
controversy may speedily be determined, justifying its exercise of discretion to
without regard to technicalities, and in the most allow amendment
expeditious and inexpensive manner.
When amendment by leave of court may not be
As a general policy, liberality in allowing allowed
amendments is greatest in the early stages of a 1. If the cause of action, defense or theory
law suit, decreases as it progresses and changes of the case is changed.
at times to a strictness amounting to a 2. If amendment is intended to confer
prohibition. This is further restricted by the jurisdiction to the court.
condition that the amendment should not a. If the court has no jurisdiction in the
prejudice the adverse party or place him at a subject matter of the case, the
disadvantage. (Barfel Development v. CA, 1993) amendment of the complaint cannot
be allowed so as to confer jurisdiction
Types of Amendments: on the court over the property. [PNB v.
1. Amendment as a matter of right Florendo (1992)]
2. Amendment as a matter of judicial 3. If amendment is for curing a premature or
discretion non-existing cause of action.
4. If amendment is for purposes of delay.


Sec. 2) FORMAL AMENDMENTS (Rule 10, Sec. 4)

When amendment is allowed as a matter of When an amendment is formal:

right: 1. When there is a mere defect in the
1. Once as a matter of course designation of the parties;
a. A 2nd or subsequent amendment must 2. Other clearly clerical or typographical
now be with leave of court, not a errors
matter of right anymore
How formal amendments are effected  Court may allow the pleadings to be
1. It may be summarily corrected by the amended and shall do so freely when
court at any stage of the action the presentation of the merits of the
2. A party may, by motion, call for the action will be subserved
formal amendment  As safeguard, the court may grant a
continuance to enable the objecting
NOTE: The formal amendment must NOT cause party to meet such evidence
prejudice to the adverse party

AMENDMENTS TO CONFORM TO OR AUTHORIZE Definition: One which sets forth transactions,

PRESENTATION OF EVIDENCE (Rule 10, Sec. 5) occurrences or events which have happened
since the date of the pleading sought to be
Applicability of Sec. 5 - This is an instance supplemented. [Rule 10, Sec. 6]
wherein the court acquires jurisdiction over the
issues even if the same are not alleged in the Purpose: To bring into the records new facts
original pleadings of the parties where the trial which will enlarge or change the kind of relief to
of said issues is with the express or implied which the plaintiff is entitled [Ada v. Baylon
consent of the parties (2012), citing Young v. Spouses Yu]

What Sec. 5 contemplates: A supplemental complaint/pleading supplies

1. It allows a complaint which states no deficiencies in aid of an original pleading, not to
cause of action to be cured either by: entirely substitute the latter.
a. Evidence presented without objection
or How Made: It is made upon motion of a party
b. In the event of an objection sustained with reasonable notice and upon terms as are
by the court, by an amendment of the just.
complaint with leave of court
Difference with Amended Pleading
2. It also allows the admission of evidence:
a. On a defense not raised in a motion or
answer if no objection is made Supplemental
thereto; pleadings
b. In the event of such objection, court Grounds for the
may allow amendment of the answer Reason for the
in order to raise said defense amendment is
pleading arose after
available at time of
the 1st pleading was
NOTE: Remember, however, that where the the 1st pleading
plaintiff has no valid cause of action at the time Either as a matter of
of the filing of the complaint, this defect cannot Always a matter of
right or a matter of
be cured or remedied by the acquisition or discretion
accrual of one while the action is pending Merely supplements
Supersedes the the original (i.e. Exists
Two Scenarios: original side by side with the
1. When evidence is NOT objected to original pleading)
 When issues not raised by pleadings A supplemental
are tried by express or implied When an amended
pleading does not
consent of the parties, they shall be pleading is filed, a
require the filing of a
treated in all respected as if they had new copy of the entire
new copy of the entire
been raised in the pleadings pleading must be filed
 Such amendments of pleadings as
may be necessary to cause them to Limitations:
conform to the evidence and raise 1. Claims or defenses which have matured
these issues may be made upon after the filing of the original pleadings
motion of any party at any time, even cannot be averred in a supplemental
after judgment pleading (it may be the subject of an
 But failure to amend does not affect amendment)
the result of the trial of those issues 2. Supplemental pleadings are not allowed
on separate and distinct causes of action
2. When evidence IS objected to: a. A supplemental pleading may raise a
 Objection on the ground that it is not new cause of action as long as it has
within the issues made by the some relation to the original cause of
pleadings action set forth in the original
complaint. [Ada v. Baylon (2012)]
3. The admission or non-admission of a 2. Admissions in the superseded pleading
supplemental pleading is not a matter of can still be received in evidence against
right but is discretionary on the court the pleader
3. Claims or defenses alleged therein but
not incorporated or reiterated in the
EFFECT OF AMENDED PLEADING (Rule 10, Sec. 8) amended pleading are deemed waived
1. An amended pleading supersedes the
pleading that it amends
SUMMONS 1. The trial court does not acquire
jurisdiction and renders null and void all
Definition: A coercive force issued by the court subsequent proceedings and issuances
to acquire jurisdiction over the person of the (Syjuco v. Castro)
defendant 2. Any judgment without service of
summons in the absence of a valid waiver
is null and void (Filmerco Commercial Co.
Purposes of Summons
1. For Actions in Personam Any form of appearance in court, by the
a. To acquire jurisdiction over the person defendant, by his agent authorized to do so, or
of the defendant in a civil case; by attorney, is equivalent to service except
b. To give notice to the defendant that where such appearance is precisely to object the
an action has been commenced jurisdiction of the court over the person of the
against him. defendant (Carballo v. Encarnacion)

2. For Actions in Rem and Quasi In Rem

a. Not to acquire jurisdiction over the General Rule: Defendant's voluntary appearance
defendant but mainly to satisfy the in the action shall be equivalent to service of
constitutional requirement of due summons;
b. Jurisdiction over the defendant is not Exception: Special appearance to file a MTD.
required and the court acquires
jurisdiction over an action as long as it BUT inclusion in the MTD of grounds other than
acquires jurisdiction over the res LOJ over the defendant’s person, is not deemed
a voluntary appearance.
Issuance of Summons - Upon the filing of the
complaint and the payment of legal fees, the Any mode of appearance in court by a defendant
clerk of court shall issue the corresponding or his lawyer is equivalent to service of
summons to the defendants. [Rule 14, Sec. 1] summons, absent any indication that the
appearance of counsel for petitioner is precisely
Contents of Summons (Rule 14, Sec. 2) – to protest the jurisdiction of the court over the
1. Summons shall be: person of the defendant. [Delos Santos v.
a. Directed to the defendant Montesa (1993)]
b. Signed by clerk of court under seal

2. Summons shall contain: WHO MAY SERVE SUMMONS

a. Name of the court and the names of
the parties to the action Who May Serve Summons (Rule 14, Sec. 3)
b. A direction that the defendant answer 1. The sheriff
within the time fixed by the Rules 2. His deputy
c. A notice that unless the defendant so 3. Other proper court officer
answers, plaintiff will take judgment 4. Any suitable person authorized by the
by default and may be granted the court (for justifiable reasons)
relief applied for
NOTE: The enumeration in Sec. 3 of the
3. The following shall be attached to the persons who may validly serve summons
original and each copy of the summons: is EXCLUSIVE (Herrera)
a. A copy of the complaint
b. Order for appointment of guardian ad
litem (if any) RETURN OF SUMMONS

Effect of Invalid Summons Return When Service has been Completed (Rule
14, Sec. 4)
1. The server shall serve a copy of the Defendant
return to the plaintiff’s counsel Rule 13, Sec. 6 Rule 14, Sec. 6
a. Within 5 days therefrom Personal service Service is only made
b. Personally or by registered mail includes: on defendant himself
2. The server shall return the summons 1. Service on the
a. To the clerk who issue it party or his
b. Accompanied by proof of service counsel; or
2. By leaving a
It is required to be given to the plaintiff’s counsel copy with the
in order to enable him: clerk or person
1. To move for a default order should the having charge
defendant fail to answer on time, or of his office; or
2. In case of non-service, so that alias 3. Leaving it with
summons may be sought a person of
sufficient age
In either of the 2 cases, server must and discretion
serve a copy of the return on plaintiff’s at the party’s or
counsel within 5 days from completion or counsel’s
failure of service residence

Sec. 7)
Upon plaintiff’s demand, the clerk may issue an
alias summons if either: It is only when the defendant cannot be served
1. Summons is returned without being personally within a reasonable time and for
served on any/all of the defendants. justifiable reasons that a substituted service may
2. Summons was lost. be made.

The server shall also serve a copy of the return How Done:
on the plaintiff's counsel within 5 days 1. By leaving copies of the summons at the
therefrom, stating the reasons for the failure of defendant’s residence with some person
service of suitable age and discretion residing
therein; or
2. By leaving the copies at defendant’s
MODES OF SERVICE OF SUMMONS office or regular place of business with
some competent person in charge thereof
1. Personal Service (Rule 14, Sec. 6) Necessary Requisite: For substituted service of
2. Substituted Service (Rule 14, Sec. 7) summons to be valid, it is necessary to establish
3. Service by Publication (Rule 14, Sec. 14, the following:
15, 16) 1. The impossibility of the personal service
of summons within a reasonable time
NOTE: Summons cannot be served by mail 2. The efforts exerted to locate the person
- Where service is made by publication, a to be served; and
copy of the summons and order of the 3. Service upon:
court shall be sent by registered mail to a. A person of sufficient age and
last known address of defendant (Sec. 15) discretion residing in the same place
 Resort to registered mail is only as defendant or
complementary to the service of b. Some competent person in charge of
summons by publication his office or regular place of business
 But it does not mean that service by (Spouses Ventura v. CA, 1987)
registered mail alone would suffice
Meaning of RESIDENCE
1. For a substituted service to be valid,
PERSONAL SERVICE OF SUMMONS (Rule 14, Sec. summons served at the defendant’s
6) residence must be served at his residence
AT THE TIME OF SERVICE; not his former
How Done: place of residence
1. By handing a copy of summons to him; or 2. “dwelling house” or “residence” refers to
2. If he refuses to receive it, by tendering it the dwelling house at the time of service
to him 3. They refer to the place where the person
named in the summons is living at the
Personal Service of Personal Service of time of when the service is made, even
Pleadings Summons on
though he may be temporarily out of the The Rule on Non-Resident Defendants (Extra-
country at that time (Venturanza v. CA) territorial Service); Rule 14, Sec. 15

Meaning of Defendant’s Office or Regular Place Extra-territorial service is allowed IF:

of Business 1. The defendant
1. “Office” or “regular place of business” a. Does not reside in the Philippines
refers to the office or place of business of b. And is not found in the Philippines
defendant at the time of service 2. And the action (in rem and quasi in rem)
2. The rule specifically designates the a. Affects the personal status of the
persons to whom copies of the process plaintiff, or
should be left b. Relates to or the subject of which is
3. “To be in charge” means to have care an property within the Philippines
custody of, under control of, or entrusted (1) In which defendant has or claims a
to the management or direction of lien or interest, actual or
(Sandoval II v. House of Representatives) contingent; or
(2) In which the relief demanded
Proof of Substituted Service MUST: consists, wholly or in part, in
1. Indicate the impossibility of service of excluding the defendant from any
summons within a reasonable time; interest therein, or
2. Specify the efforts exerted to locate the (3) Property of defendant has been
defendant; and attached within the Philippines
3. State that the summons was served upon
a person of sufficient age and discretion NOTE: Always remember that extra-
who is residing in the address, or who is territorial service, when allowed, covers
in charge of the office or regular place of only action in rem and quasi in rem.
business, of the defendant.
4. It is likewise required that the pertinent How Extra-territorial service is done:
facts proving these circumstances be 1. Always by leave of court
stated in the proof of service or in the 2. Modes:
officer’s return. [Sps. Tiu v. Villar (2012)] a. Personal service as under Sec. 6, Rule
b. Publication in a newspaper of general
CONSTRUCTIVE SERVICE (BY PUBLICATION) circulation in such places and for such
time as court may order
Three Situations were Summons by Publication (1) A copy of the summons and order
may be allowed under Rule 14 (Baltazar v. CA) of the court shall be sent by
1. First is the situation of an Unknown registered mail to the last known
Defendant – governed by Sec. 14 address of defendant
2. Second is the situation were c. In any other manner the court may
Extraterritorial service is proper – deem sufficient
governed by Sec. 15
3. Third, is that of a resident who is NOTE: Any order granting such leave shall
temporarily out of the Philippines – specify a reasonable time within which
governed by Sec. 16 defendant must answer BUT the time shall not
be less than 60 days after notice
The Rule on Unknown Defendants (Rule 14, Sec.
The Rule on Residents Temporarily Outside of
If a defendant is a resident and plaintiff cannot the Philippines (Rule 14, Sec. 16)
determine the correct address of respondent,
petitioner only needs to show that: How done:
1. Respondent’s address is unknown and 1. Always by leave of court
2. Cannot be ascertained by diligent inquiry 2. Modes:
a. Where the defendant is residing in the
Upon compliance with this requirement, it Philippines, jurisdiction over his
can validly serve summons by publication person may be acquired by
in a newspaper of general circulation. substituted service of summons under
(United Coconut Planters Bank v. Ongpin) Sec. 7
b. Extra-territorial service is also allowed
NOTE: Under this Section, summons by (also by leave of court) according to
publication can be made in ANY action Sec. 16
(personam, in rem, quasi in rem) unlike in cases
of Non-Resident Defendants. NOTE: In other words, a resident defendant in an
action personam, who cannot be personally
served with summons, may be summoned either In case defendant is the
by: Republic, by serving upon the
1. Substituted service in accordance with Solicitor General
Sec. 7, Rule 14 Public In case of a province, city or
2. Or by service by publication under Sec. corporations municipality, or like public
16, Rule 14 (Sec. 13) corporations, by serving on its
executive head or on such other
When the action is in rem or quasi in rem, extra- officer or officers as the law or
territorial service may be effected provided that the court may direct
Sec. 16 requirements are met.

The proof of service of summons (Rule 14, Sec.
Service of Summons on Different Entities: 18):
1. Shall be made in writing
Entity a. Set forth the manner, place, date of
Upon any or all the defendants
without service
being sued under common
juridical b. Specify any papers which may have
name; or person in charge of
personality been served with the process and the
the office
(Sec. 8) name of the person who received the
In case of minors: by serving same
upon: c. Shall be sworn to when made by a
1. The minor, regardless of person, other than the sheriff or his
age, AND deputy
2. Upon his legal guardian,
or also upon either of his If service has been made by publication, service
parents may be proved by: (Rule 14, Sec. 19)
In case of incompetents: by 1. The affidavit of the printer, his foreman,
Minors and serving on: or principal clerk; or of the editor,
incompetent 1. Him personally AND business or advertising manager
s (Sec. 10) 2. Upon his legal guardian,  Copy of the publication shall be
but not upon his parents, attached
unless they are his legal
guardians 2. AND an affidavit showing:
In any event: if the minor or a. The deposit of a copy of the
incompetent has no legal summons; and
guardian, the plaintiff must b. Order of publication in the post office,
obtain the appointment of a postage prepaid, directed to
guardian ad litem for him defendant by registered mail to his
Serve to either: (Exclusive last known address
1. The president, Effect of Defect of Proof of Service:
2. Managing partner, 1. Where sheriff’s return is defective,
3. General manager, presumption of regularity in the
entity (Sec.
4. Corporate secretary, performance of official functions will not
5. Treasurer, or lie
6. In- house counsel 2. Defective return is insufficient and
Service may be done on: incompetent to prove that summons was
1. The resident agent; indeed served
Foreign 2. If no resident agent; 3. Party alleging valid summons will now
private a. The government prove that summons was indeed served
juridical official designated by 4. If there is no valid summons, court did
entity (Sec. law; or not acquire jurisdiction which renders null
12) b. Any officer or agent and void all subsequent proceedings and
of the corporation issuances
within the Philippines

MOTIONS A motion is an application for relief other than by

a pleading. (1a)


Motion Pleading 3. Notice of hearing shall be addressed to all
parties, and shall specify the time and
Contains allegations Contains allegations date of the hearing which shall not be
of facts of the ultimate facts later than 10 days from the filing of the
Prays for a relief Prays for a relief motion. [Rule 15, Sec. 5]
Grant of the relief Grant of relief
does not extinguish extinguishes the Notice must be addressed to the
the action action (final relief) counsels. A notice of hearing addressed
(interlocutory relief) to the clerk of court, and not to the
Generally in writing Always in writing parties, is no notice at all. Accordingly, a
(with some motion that does not contain a notice of
exceptions) hearing to the adverse party is nothing
but a mere scrap of paper, as if it were
General Rule: A motion cannot pray for judgment not filed; hence, it did not suspend the
running of the period to appeal.
Exceptions: [Provident International Resources v. CA
1. Motion for judgment on the pleadings. (1996)]
2. Motion for summary judgment.
3. Motion for judgment on demurrer to - Effect of Want of Notice: A motion that
evidence. does not contain a notice of hearing is but
a mere scrap of paper. A court has no
jurisdiction to issue an order in
CONTENTS AND FORM OF MOTIONS consideration of a motion for correction of
judgment which does not have a proper
Contents (Rule 15, Sec. 3) notice of hearing (Fajardo v. CA)
1. Relief sought to be obtained
2. Grounds upon which it is based
3. Accompanied by supporting affidavits and 4. Motion and notice of hearing must be
other papers if: served at least 3 days before the date of
a. Required by the Rules, or hearing; [Rule 15, Sec. 4]
b. Necessary to prove facts alleged
therein Purpose: To prevent surprise upon the
adverse party and to enable the latter to
Form (Rule 15, Sec. 2) study and meet the arguments of the
General Rule: In writing.
Exception: Oral motions: a. Ex parte motions;
1. Motions for continuance made in the b. Urgent motions;
presence of the adverse party or those c. Motions agreed upon by the parties to
made in the course of the hearing or trial be heard on shorter notice, or jointly
2. Those made in open court even in the submitted by the parties;
absence of the adverse party or those d. Motions for summary judgment which
made in the course of a hearing or trial must be served at least 10 days
before its hearing.


Requisites of motions (not made in open court or Proof of Service (Rule 15, Sec. 6)
in the course of hearing/trial)
General Rule: A written motion set for hearing
1. It must be in writing; [Rule 15, Sec. 2] will not be acted upon by the court if there is no
proof of service thereof.
Exception: Oral motions
What may be proof:
2. Hearing on the motion set by the 1. If by registered mail: Affidavit or registry
applicant receipt or postmark on envelope or return
card, with an explanation.
Motion Day (Rule 15, Sec. 7) - Except for 2. If by personal service: Affidavit or
urgent motions, motions are scheduled acknowledgment of receipt by the other
for hearing: party.
a. On Friday afternoons;
b. Afternoon of the next working day, if Exceptions:
Friday is a non-working day.
1. If the motion is one which the court can MOTIONS FOR BILL OF PARTICULARS
hear ex parte.
2. If the court is satisfied that the rights of DEFINTION
the adverse parties are not affected by
the motion. It is a detailed explanation respecting any matter
3. If the party is in default because such a which is not averred with sufficient
party is not entitled to notice. definiteness/particularity in the complaint as to
enable a party to properly prepare his responsive
pleading or to prepare for trial. [Rule 12, Sec. 1]
Definition: A motion attacking a pleading/ order/
judgment/ proceeding must include all objections It is filed by the plaintiff pursuant to a court
then available. All objections not included in the order issued upon granting a motion for Bill of
motion are deemed waived. Particulars filed by the defendant before the
latter files an answer.
Purpose: To require the movant to raise all - In said motion, the defendant prays for a
available exceptions for relief during a single more definite statement of matters which
opportunity so that multiple and piece-meal are not averred with sufficient
objections may be avoided definiteness in the complaint.
- An action cannot be dismissed on the
Exception: When the court’s jurisdiction is in ground that the complaint is
issue: vague/indefinite. The remedy of the
1. Lack of jurisdiction over subject-matter; defendant is to move for a Bill of
2. Litis pendentia; Particulars or avail of the proper mode of
3. Res judicata; discovery. [Galeon v. Galeon (1973)]
4. Prescription.
Purpose: to define/ clarify/ particularize/ limit/
circumscribe the issues in the case to expedite
LITIGATED AND EX PARTE MOTIONS the trial and assist the court.
- The only question to be resolved in a
Kinds of Motion motion for a Bill of Particulars is WON the
1. Motion Ex Parte - Made without allegations in the complaint are averred
notification to the other party because with sufficient definiteness/ particularity
the question generally presented is not to enable the movant to properly prepare
debatable. his responsive pleading and to prepare
2. Litigated Motion - Made with notice to the for trial. [Tantuico, Jr. v. Republic (1991)]
adverse party so that an opposition - A Bill of Particulars becomes part of the
thereto may be made. pleading for which it was intended. [Rule
3. Motion Of Course - Motion for a kind of 12, Sec. 6]
relief/remedy to which the movant is
entitled to as a matter of right, When Applied For: [Rule 12, Sec. 1]
Allegations contained in such motion do 1. Before responding to a pleading
not have to be investigated/verified. 2. If the pleading is a reply, within 10 days
4. Special Motion - Discretion of the court is from service thereof
involved. An investigation of the facts
alleged is required. What a Motion for a Bill of Particulars should
point out: (Rule 12, Sec. 1)
1. The defects complained of;
PRO FORMA MOTIONS 2. The paragraph wherein they are
Definition - A motion failing to indicate time and 3. The details desired.
date of the hearing
What cannot be done in a Bill of Particulars:
- To supply material allegations necessary
to the validity of a pleading
- To change a cause of action or defense
stated in the pleading
- To state a cause of action or defense
other than that one stated
- To set forth the pleader’s theory of his
cause of action or a rule of evidence on
which he intends to reply
- To furnish evidentiary information
ACTIONS OF THE COURT Bill of Particulars Intervention

Upon the filing of the motion, the clerk must Purpose is to enable a
immediately bring it to the attention of the court. party bound to
Purpose is to enable a
respond to a pleading
The court may: (Rule 12, Sec. 2) person not yet a party
to get more details
1. Deny to an action, yet
about matters which
2. Grant the motion outright having a certain right
are alleged generally
3. Allow the parties the opportunity to be or interest in such
or which are indefinite
heard action, the
and vague,
opportunity to appear
and be joined
so as to properly
NONCOMPLIANCE so he could assert or
answering the
protect such right or
pleading and to avoid
Compliance with Order (Rule 12, Sec. 3) – If interest
surprise in the trial of
motion is granted wholly/partially: the case
1. Within 10 days from notice of order, Bill of Available to any
Particulars or a more definite statement person not yet a party
should be submitted (unless court fixes a to the action at any
different period). Available to the
time after the
2. Bill of Particulars or definite statement defendant before he
commencement of an
filed either as a separate pleading or as files his responsive
action, even during
an amended pleading, a copy of which pleading
the proceeding, but
must be served on the adverse party. not after the trial has
been concluded
Effect of Non-Compliance (Rule 12, Sec. 4) –
1. In case of non-compliance or insufficient Effect of Motion:
compliance with the order for Bill of 1. If the motion is granted, in whole or in
Particulars, the court: part,
a. May order the striking out of the a. The movant can wait until the bill of
pleading (or portion thereof) to which particulars is served on him by
the order is directed; OR opposing party
b. Make such order as it may deem just. b. Then he will have the balance of the
reglementary period within which to
2. If a party fails to obey: file his responsive pleading
a. If the plaintiff fails to obey, his 2. If the motion is denied
complaint may be dismissed with a. He will still have such balance of the
prejudice unless otherwise ordered by reglementary period to file his
the court. [Rule 12, Sec. 4; Rule 17, responsive pleading, counted from
Sec. 3] service of the order denying his
b. If defendant fails to obey, his answer motion
will be stricken off and his
counterclaim dismissed, and he will IN ANY CASE: The party will have at least
be declared in default upon motion of 5 days to file his responsive pleading
the plaintiff. [Rule 9, Sec. 3; Rule 12,
Sec. 4; Rule 17, Sec. 4]


12, Sec. 5)

A Motion for Bill of Particulars interrupts the

period to file a responsive pleading.
BUT only if it is sufficient in the form and

The period to which the movant is entitled at the

time of filing of the motion, which shall not be
less than 5 days in any event.

NOTE the following distinctions:

MOTION TO DISMISS 6. Res judicata
7. Prescription
IN GENERAL 8. Failure to state a cause of action
9. Extinguished claim
Definition – A remedy of the defendant, or the 10. Unenforceable claim under the Statute of
responding party in general, which attacks the Frauds
entire pleading and seeks its dismissal based on: 11. Non-compliance with a condition
1. Grounds which are patent on the face of precedent for filing claim
the complaint;
2. Defenses available to the defendant at NOTE: Complaints cannot be dismissed on
the time of the filing of the complaint ground not alleged in a motion to dismiss. The
motion may be based on only one of the grounds
It hypothetically admits the facts stated in the enumerated in Sec. 1, Rule 16

It is not a responsive pleading. It is not a Lack of Jurisdiction (LOJ) over the Defendant’s
pleading at all. It is subject to the omnibus Person
motion rule since it is a motion that attacks a
pleading. Hence, it must raise all objections The objection of LOJ over the person on account
available at the time of the filing thereof. of lack of service or defective service of
summons, must be raised:
Types of Dismissal of Action: 1. At the very first opportunity;
1. MTD before answer under Rule 16; 2. Before any voluntary appearance is
2. MTD under Rule 17: made.
a. Upon notice by plaintiff;
b. Upon motion by plaintiff; In La Naval Drug Corp. v. CA, et al. the Court
c. Due to fault of plaintiff. held that while lack of jurisdiction over the
3. Demurrer to evidence after plaintiff has person of defendant may be duly and
completed the presentation of his seasonably raised, his voluntary appearance in
evidence under Rule 33; court without qualification is a waiver of such
4. Dismissal of an appeal. defense.

Period to File: Within the time for, but before Appearance of counsel is equivalent to
filing of, the answer to the complaint or pleading summons, unless such is made to protest the
asserting a claim jurisdiction of the court over the person of the
defendant. If grounds other than invalid service
Exceptions: of summons are raised, it cannot be considered
a. For special reasons which may be as a special appearance. [De los Santos v.
allowed even after trial has begun, a Montesa (1993)]
motion to dismiss may be filed
b. The court has allowed the filing of a NOTE: Sec. 20, Rule 14 makes a categorical
motion to dismiss where the evidence statement that the inclusion in a motion to
that would constitute a ground for dismiss of other grounds aside from lack of
dismissal was discovered during trial jurisdiction over the person of the defendant
shall not be deemed voluntary appearance on
General Rule: A court may NOT motu propio his part.
dismiss a case, unless a motion to that effect is
filed by a party.

Exceptions: Lack of Jurisdiction over the Subject Matter of

1. Cases where the court may dismiss a the Claim
case motu propio; [Rule 9, Sec. 1]
2. Failure to prosecute; [Rule 17, Sec. 3] If the complaint shows on its face LOJ, the court
3. Sec. 4, Revised Rule on Summary may dismiss the case outright instead of hearing
Procedure. the motion.

A MTD on the ground of LOJ over the subject

GROUNDS: Rule 16, Sec. 1 matter may be raised either:
1. Lack of jurisdiction over the defendant’s 1. Before answer;
person 2. After answer is filed;
2. Lack of jurisdiction over the subject 3. After hearing had commenced;
matter of the claim 4. At any stage of the proceeding, even for
3. Improper venue the first time on appeal and even if no
4. Plaintiff’s lack of legal capacity to sue such defense is raised in the answer.
5. Litis pendentia
NOTE: The rule refers to the subject matter of The issue of plaintiff’s lack of legal capacity to
each particular claim and not only to that of the sue cannot be raised for the first time on appeal
suit. Hence. other initiatory pleadings included. where the defendant dealt with the former as a
party in the proceedings below (Univ. of
Where a party invokes the jurisdiction of a court Pangasinan Faculty Union v. Univ. of Pangasinan)
to obtain affirmative relief and fails, he cannot
thereafter repudiate such jurisdiction. While the
issue of jurisdiction may be raised at any time, Litis pendentia
he is estopped as it is tantamount to speculating
on the fortunes of litigation (Crisostomo, et al. v. Requisites: (Anderson Group v. CA, 1997)
CA) 1. Identity of parties;
2. identity of rights asserted and relief
prayed for;
Improper Venue 3. Relief founded on the same facts and the
same basis;
Unless and until the defendant objects to the 4. Identity in the 2 proceedings should be
venue in a MTD prior to a responsive pleading, such that any judgment which may be
the venue cannot truly be said to have been rendered in the other action will amount
improperly laid since, for all practical intents and to res judicata on the action under
purposes, the venue though technically wrong consideration.
may yet be considered acceptable to the parties
for whose convenience the rules on venue had It is not required to allege that there be a prior
been devised. Improper venue may be waived pending case. It is sufficient to allege and prove
and such waiver may occur by laches. [Diaz v. the pendency of another case, even if same had
Adiong (1993)] been brought later.

Where a motion to dismiss for improper venue is It does not require that the later case be
erroneously denied, the remedy is prohibition dismissed in favor of the earlier case. To
(Enriquez v. Macadaeg) determine which case should be abated, apply:
1. The More Appropriate Action Test;
Where the plaintiffs filed the action in a court of 2. The Interest of Justice Test, taking into
improper venue and thereafter submitted to its account:
jurisdiction, the issue of venue was thereby a. Nature of the controversy;
waived and they are in estoppel to repudiate or b. Comparative accessibility of the court
question the proceedings in said court (Vda. De to the parties;
Suan, et al. v. Cusi, et al.) c. Other similar factors.

Objection to venue is also impliedly waived In both tests, the parties’ good faith shall be
where the party enters into trial, cross-examines taken into consideration.
the witnesses of the adverse party and adduces
evidence (Paper Industries Corp of the The 1st case shall be abated if it is merely an
Philippines v. Samson et al.) anticipatory action or defense against an
expected suit. The 2nd case will not be abated if
it is not brought to harass. [Vitrionics Computers
Plaintiff’s Lack of Legal Capacity to Sue: v. RTC (1993)]

The plaintiff lacks legal capacity to sue:

1. When he does not possess the necessary Res Judicata
qualification to appear at the trial (e.g.
when he plaintiff is not in the full exercise Requisites:
of his civil rights); 1. Former judgment rendered by a court
2. When he does not have the character having jurisdiction over the subject
which he claims, which is a matter of matter and over the parties;
evidence (e.g. when he is not really a 2. Judgment must be a final judgment;
duly appointed administrator of an 3. Judgment must be on the merits;
estate). a. There can be res judicata without a
trial, such as in a judgment on the
Lack of legal capacity to sue refers to plaintiff’s pleadings (Rule 34); a summary
disability; while lack of legal personality to sue judgment (Rule 35); or an order of
refers to the fact that the plaintiff is not a real dismissal under Rule 17, Sec. 3.
party in interest, in which case the ground for 4. There must be identity of parties, of
dismissal would be that the complaint states no subject matter and of the causes of
cause of action. action.
For res judicata to apply, absolute identity of
parties is not required because substantial Defense of prescription is waived and cannot be
identity is sufficient. Inclusion of additional considered on appeal if not raised in the trial
parties will not affect the application of the court (Ramos v. Osorio)
principle of res judicata.
However, if the allegations of the complaint, or
The test of identity of cause of action lies not in evidence presented, clearly indicate that the
the form of the action but on WON the same action has prescribed, or where there is no issue
evidence would support and establish the former in fact as to prescription, defense of prescription
and the present causes of action. [DBP v. is not deemed waived by failure to allege the
Pundogar (1993)] same (Chua Lamko v. Dioso)

Rationale: The sum and substance of the whole Estoppel and prescription cannot be invoked
doctrine is that a matter once judicially decided against the State (Republic v. CA)
is finally decided because of:
1. Public policy and necessity makes it the A motion to dismiss on the ground of prescription
interest of the State that there should be will be given due course only if the complaint
an end to litigation; shows on its face that the action has already
2. The hardship on the individual that he prescribed (Sison v. McQuaid)
should be vexed twice for the same
cause. [Nabus v. CA (1991)] If it is not apparent on its face, take note that
Sec. 3 prohibits deferment of the resolution of
Two concepts of res judicata [Abalos v. CA 1993) the motion. Thus:
1. Bar by prior judgment – Judgment on the 1. Evidence may be received in support of
merits in the 1st case constitutes an the motion under Sec. 2, Rule 16; or
absolute bar to the subsequent action not 2. The motion to dismiss should be denied
only as to every matter which was offered without prejudice to the complaint’s
and received to sustain or defeat the dismissal if evidence disclose that the
claim/demand, but also to any other action had already prescribed (Sec. 1,
admissible matter which might have been Rule 9)
offered for that purpose and to all
matters that could have been adjudged in
that case. (Asked in the 2002 Bar Exam) Complaint States No Cause of Action

2. Conclusiveness of judgment – Where the Failure to state a cause of action (not lack of
2nd action between the parties is upon a cause of action) is the ground for a MTD. The
different claim/demand, the judgment in former means there is insufficiency in the
the 1st case operates as an estoppel only allegations in the pleading. The latter means
with regard to those issues directly that there is insufficiency in the factual basis of
controverted, upon the determination of the action.
which the judgment was rendered.
The failure to state a cause of action must be
evident on the face of the complaint itself.
Statute of Limitations
Test: Assuming the allegations and statements
Prescription applies only when the complaint on to be true, does the plaintiff have a valid cause
its face shows that indeed the action has already of action?
A MTD based upon the ground of failure to state
If the fact of prescription is not indicated on the a cause of action imports a hypothetical
face of the complaint and the same may be admission by the defendant of the facts alleged
brought out later, the court must defer decision in the complaint.
on the motion until such time as proof may be
presented on such fact of prescription. If the court finds the allegations of the complaint
to be sufficient but doubts their veracity, it must
deny the MTD and require the defendant to
Prescription Laches answer and then proceed to try the case on its
Concerned with the Concerned with the
fact of delay effect of delay A complaint containing a premature cause of
A matter of time A matter of equity action may be dismissed for failure to state a
Statutory Not statutory cause of action.
Applies in law Applies in equity
Based on fixed time Not based on fixed If the suit is not brought against the real party-
time in-interest, a motion to dismiss may be filed on
the ground that the complaint states no cause of 6. A representation as to the credit of a third
action. [Tanpinco v. IAC (1992)] person.

Complaint states no Unlike a motion to dismiss on the ground that

No cause of action
cause of action the complaint states no cause of action, a
Insufficiency of motion invoking the Statute of Frauds may be
Insufficiency of factual filed even if the absence of a cause of action
allegations in the
basis for the action does not appear on the face of the complaint.
May be raised in a Such absence may be proved during the hearing
Motion to Dismiss at of the motion to dismiss on said ground.
any time but before (Yuviengco et al. v. Dacuycuy, etc., et al.)
may be raised at any
the filing the answer
to the complaint or
pleading asserting a Non-Compliance with a Condition Precedent
dismissal due to lack Where the plaintiff has not exhausted all
Dismissal due to of cause of action is administrative remedies, the complaint not
failure to state a made after questions having alleged the fact of such exhaustion, the
cause of action can of fact have been same may be dismissed for lack of cause of
be made at the resolved on the basis action (Pineda v. CFI Davao, et al.)
earliest stages of an of stipulations,
action and without admissions or Where the complaint does not state that it is one
prejudice evidence presented of the excepted cases, or it does not allege prior
and with prejudice availment of conciliation process, or it does not
have a certification that no conciliation or
settlement had been reached under P 1508, case
Extinguished Claim should be dismissed on motion (Morata v. Go, et
That the claim/demand set forth in the plaintiff's
pleading has been paid, waived, abandoned or Where the defendant had participated in the trial
otherwise extinguished. court without any invocation of PD 1508, and the
judgment therein had become final and
executory, but said defendant thereafter sought
Unenforceable Claim under the Statute of Frauds the annulment of the decision for alleged lack of
jurisdiction, the same was denied under the
Article 1403 (2) CC requires certain contracts to doctrine of estoppel and laches (Royales, et al.,
be evidenced by some note or memorandum in v. IAC)
order to be enforceable, to wit:
1. An agreement that by its terms is not to
be performed within a year from the
making thereof; RESOLUTION OF MOTION
2. A special promise to answer for the debt,
default, or miscarriage of another; During the hearing of the motion: Parties shall
3. An agreement made in consideration of submit:
marriage, other than a mutual promise to 1. Their arguments on questions of law
marry; 2. Their evidence on questions of fact (Rule
4. An agreement for the sale of goods, 16, Sec. 2)
chattels or things in action, at a price not a. Exception: Those not available at that
less than five hundred pesos, unless the time
buyer accept and receive part of such
goods and chattels, or the evidences, or Parties should be allowed to present
some of them, of such things in action, or evidence and the evidence should be taken
pay at the time some part of the down
purchase money; but when a sale is
made by auction and entry is made by EXCEPT: when the motion is based on the
the auctioneer in his sales book, at the ground of insufficiency of cause of action
time of the sale, of the amount and kind which must generally be determined on the
of property sold, terms of sale, price, basis of the facts alleged in the complaint
names of the purchasers and person on
whose account the sale is made, it is a Trial: If the case goes to trial, such evidence
sufficient memorandum; presented shall automatically be part of the
5. An agreement for the leasing for a longer evidence of the party presenting the same.
period than one year, or for the sale of
real property or of an interest therein; Lack of formal hearing of a motion to dismiss is
not fatal where the issues raised were fully
discussed in the motion and opposition. from service of amended pleading
(Castillo v. CA) unless the court provides a longer
After hearing: Court may either:
1. Dismiss the action/claim 2. Another remedy is to file a certiorari, case
2. Deny the MTD under Rule 65 alleging grave abuse of
3. Order amendment of the pleadings discretion. [Riano]

The court cannot defer the resolution of the MTD

for the reason that the ground relied upon is not EFFECT OF DISMISSAL OF COMPLAINT ON
indubitable. CERTAIN GROUNDS

The court’s resolution on the MTD must clearly General rule: The action/claim may be re-filed.
and distinctly state the reasons therefor.
Exception: The action cannot be re-filed
(although subject to appeal) if it was dismissed
REMEDIES OF PLAINTIFF WHEN THE COMPLAINT on any of the following grounds:
IS DISMISSED 1. Res judicata;
2. Prescription;
If the motion is granted, the complaint is 3. Extinguishment of the claim/demand;
dismissed. Since the dismissal is final and not 4. Unenforceability under the Statute of
interlocutory in character, the plaintiff has Frauds. [Rule 16, Sec. 1 (f),(h),(i)]
several options:

1. Depending upon the ground for the WHEN GROUNDS PLEADED AS AFFIRMATIVE
dismissal of the action, the plaintiff may DEFENSES
REFILE the complaint,
a. These are orders of dismissal which is If no motion to dismiss had been filed, any of the
not tantamount to an adjudication on grounds for dismissal may be pleaded as
the merits affirmative defenses and a preliminary hearing
b. e.g when ground for dismissal is may be had at court’s discretion. (Rule 16, Sec.
anchored on improper venue. 6)

2. He may APPEAL from the order of NOTE: The dismissal of the complaint under this
dismissal where the ground relied upon is section shall be without prejudice to the
one which bars refilling of complaint prosecution in the same or separate action of a
a. The grounds which bar re-filing are: counterclaim pleaded in the answer.
(1) Res judicata
(2) Prescription If the defendant would not want to file a
(3) Extinguishment of the obligation counterclaim, he should not file a motion to
(4) Violation of Statutes of Fraud dismiss
 Instead, he should allege the grounds
3. The plaintiff may also avail of a petition of a motion to dismiss as affirmative
for certiorari, alleging grave abuse of defenses in his answer with a
discretion. [Riano] counterclaim
 A preliminary hearing may be had
thereon, and in the event the
REMEDIES OF THE DEFENDANT WHEN MOTION IS complaint is dismissed, defendant can
DENIED prosecute his counterclaim (Herrera)

Appeal is NOT a remedy since denial of a motion

to dismiss is an interlocutory order. As a general DISTINGUISHED FROM DEMURRER TO EVIDENCE
rule, defendant files his answer and then may UNDER RULE 33
appeal an adverse judgment.
A motion to dismiss under this Rule differs from a
Remedies of Defendant: motion to dismiss under Rule 33 on demurrer to
1. The movant shall file his answer within
the balance of the period described in DEMURRER TO
Rule 11 to which he was entitled at the MOTION TO DISMISS
time of serving his motion, but not less Grounded on Based on insufficiency
than 5 days in any event. preliminary objections of evidence
a. If pleading is ordered to be amended, May be filed by any May be filed only by
he shall file his answer within the defending party the defendant against
period prescribed by Rule 11 counted against whom a claim the complaint of the
is asserted in the
Should be filed within
May be filed for the
the time for but prior
dismissal of the case
to the filing of the
only after the plaintiff
answer of the
has completed the
defending party to the
presentation of his
pleading asserting the
claim against him
If denied, defendant
must file an answer, If denied, defendant
or else he may be may present evidence
declared in default
If granted, plaintiff
If granted, plaintiff
appeals and the order
may appeal or if
of dismissal is
subsequent case is
reversed, defendant
not barred, he may re-
loses his right to
file the case
present evidence

TWO-DISMISSAL RULE (Rule 17, Sec. 1) 17, Sec. 2)

Dismissal by plaintiff as a matter of right Under this section, dismissal of the complaint is
subject to the discretion of the court and upon
Dismissal is effected not by motion but by mere such terms and conditions as may be just.
notice of dismissal which is a matter of right
before the service of: Generally, Dismissal is Without Prejudice
1. The answer; or General Rule: Dismissal is without prejudice
2. A motion for summary judgment Exceptions:
1. When otherwise stated in the motion to
The dismissal as a matter of right ceases when dismiss; or
an answer or a motion for summary judgment is 2. When stated to be with prejudice in the
served on the plaintiff and not when the answer order of the court
or the motion is filed with the court.
Effect on Counterclaim:
Dismissal NOT Automatic - It requires an order
by the court confirming the dismissal. Until If counterclaim has been pleaded by defendant
confirmed, the withdrawal does not take effect prior to service upon him of plaintiff’s motion for
dismissal, dismissal shall be limited to the
Generally, Dismissal is Without Prejudice complaint
General Rule: Dismissal is without prejudice - Remember that if the civil case is
Exceptions: dismissed, so also is the counterclaim
1. Where the notice of dismissal so provides; filed therein
or  It was held that if the court does not
2. Where the plaintiff has previously have jurisdiction to entertain the main
dismissed the same case in a court of action of the case and dismiss the
competent jurisdiction (Two Dismissal case, then the compulsory
Rule) counterclaim, being ancillary to the
3. Even where the notice of dismissal does principal controversy must likewise be
not provide that it is with prejudice but it dismissed (Metals Engineering
is premised on the fact of payment by the Resources v. CA)
defendant of the claim involved (Serrano - However, under this section, if a
v. Cabrera) counterclaim has been pleaded by a
defendant PRIOR to the service upon him
Two Dismissal Rule - when the same complaint of the plaintiff’s motion for dismissal, the
had twice been dismissed by the plaintiff without dismissal shall be limited to the
order of the court by simply filing a notice of complaint.
dismissal, the 2nd dismissal operates as an
adjudication on the merits. Such dismissal shall be without prejudice to the
right of the defendant to either:
1. Prosecute his counterclaim in a separate c. Since plaintiff’s presence is now
action; required only during the presentation
a. In this case, the court should render of his evidence in chief, his absence
the corresponding order granting and during the presentation of defendant
reserving his right to prosecute his or other parties’ evidence, or even at
claim in a separate complaint rebuttal or subsequent stages, is not a
2. OR to have the same resolved in the ground for dismissal.
same action
a. In this case, defendant must manifest 2. To prosecute his action for an
such preference to the trial court unreasonable length of time (nolle
within 15 days from notice to him of prosequi);
plaintiff’s motion to dismiss a. The test for dismissal of a case due to
failure to prosecute is WON, under the
NOTE: These alternative remedies of the circumstances, the plaintiff is
defendant are available to him regardless chargeable with want of due diligence
of whether his counterclaim is in failing to proceed with reasonable
compulsory or permissive promptitude. [Calalang v. CA (1993)]
b. The dismissal of an action pursuant to
this rule rests upon the sound
DISMISSAL DUE TO FAULT OF PLAINTIFF discretion of the court ( Smith Bell and
(Rule 17, Sec. 3) Co. v. American President Lines Ltd.)
c. The action should never be dismissed
Distinction between Sec. 2 and Sec. 3 of Rule 17 on a non-suit for want of prosecution
when the delay was caused by the
SECTION 2 SECTION 3 parties looking towards a settlement.
Dismissal is not (Goldloop Properties Inc. v. CA)
Dismissal is at the procured by plaintiff
instance of the though justified by 3. To comply with the Rules or any court
plaintiff causes imputable to order.
him a. The order must be valid
Dismissal is a matter b. Failure to comply with order:
of procedure, without Dismissal is a matter (1) Dismissal for failure to comply
prejudice unless of evidence, an with order to amend complaint to
otherwise stated in adjudication on the make claims asserted more
the court order or on merits definite is ground for dismissal
motion to dismiss (Santos v. General Wood Craft)
Dismissal is without (2) Failure to comply with an order to
prejudice to the right include indispensable parties is
of defendant to ground for dismissal (Aranico-
Dismissal is without Rubino v. Aquino)
prosecute his
prejudice to the right (3) The failure to comply with order of
counterclaim in a
of defendant to new judge to recall witness so he
separation action
prosecute his may observe demeanor is
unless within 15 days
counterclaim on the sufficient ground for dismissal
from notice of motion
same or separate (Castillo v. Torres)
he manifests his
action c. Failure to comply with rules
intention to have his
counterclaim resolved (1) The failure of the parties to submit
in the same action a compromise agreement within
period granted to them by court is
Dismissal under this Section not a ground for dismissal
(Goldloop Properties Inc. v. CA)
The case may be dismissed motu proprio or (2) Dismissal is improper where a 3rd
upon the defendant’s motion if, without party complaint has been
justifiable cause, plaintiff fails either: admitted and the 3rd party
1. To appear on the date of the presentation defendant had not yet been
of his evidence-in-chief on the complaint; summoned (Sotto v. Valenzuela)
a. The plaintiff’s failure to appear at the (3) A case may be dismissed for
trial after he has presented his failure to answer written
evidence and rested his case does not interrogatories under Rule 25 even
warrant the dismissal of the case on without an order from the court to
the ground of failure to prosecute. answer. (Arellano v. CFI- Sorsogon)
b. It is merely a waiver of his right to
cross-examine and to object to the Effect of Dismissal:
admissibility of evidence. [Jalover v. General Rule: Dismissal of actions under Sec. 3
Ytoriaga (1977)] which do not expressly state whether they are
with or without prejudice are held to be with
prejudice on the merits Provisions of Rule 17 shall apply to the dismissal
Exceptions: of any counterclaim, cross-claim, or third-party
1. The court declares otherwise, without complaint
prejudice to the right of the defendant to
prosecute his counter-claim in the same Voluntary dismissal by claimant by notice as in
or separate action Sec. 1, shall be made:
2. If court has not yet acquired jurisdiction 1. Before a responsive pleading or motion
over the person of the defendant for summary judgment is served; or
2. If there is none, before introduction of
Effect on Counterclaim: evidence at trial or hearing

Defendant is granted the choice to prosecute Effect of Dismissals

that counterclaim in either the same or a 1. Dismissal or continuance of an action
separate action, just like the grant of that operates to annul orders, ruling, or
remedy in Sec. 6, Rule 16 judgments previously made in the case
2. It also annuls all proceedings had in
In this section (as well as in Sec. 6, Rule 16), connection therewith and renders all
defendant is not required to manifest his pleadings ineffective
preference within a 15-day period as in Sec. 2 3. Dismissal or non-suit leaves the situation
- The motions to dismiss in this section and as though no suit had ever been brought
in Sec. 6, Rule 16, are filed by defendant
who perforce has already deliberated Where a counterclaim is made the subject of a
upon the course of action he intends to separate suit, it may be abated upon a plea of
take on his counterclaim and which he auter action pendentia and/or dismissal on the
may even manifest right in his motion to ground of res judicata. Res judicata, however, is
dismiss not applicable since the court held that it did not
- The dismissal in Sec. 2 is at the instance acquire jurisdiction due to non-payment of
of plaintiff, hence, defendant is granted docket fees.
the time and duty to manifest preference
within 15 days from notice, after an Dismissal on the ground of LOJ does not
opportunity to study the situation constitute res judicata, there being no
consideration and adjudication of the case on
the merits. Neither is there litis pendentia.

CONCEPT OF PRE-TRIAL Purpose of pre-trial is to consider: (Rule 18, Sec.

Pre-Trial is a mandatory conference and personal 1. Possibility of an amicable settlement or of
confrontation before the judge between the a submission to alternative modes of
parties and their respective counsel, called by dispute resolution;
the court after the joinder of issues in a case or 2. Simplification of the issues;
after the last pleading has been filed and before 3. Necessity/desirability of amendments to
trial, for the purpose of settling the litigation the pleadings;
expeditiously or simplifying the issues without 4. Possibility of obtaining stipulations or
sacrificing the necessary demands of justice. admissions of facts and of documents to
avoid unnecessary proof;
It is a procedural device by which the court is 5. Limitation of the number of witnesses;
called upon, after the filing of the last pleading, 6. Advisability of a preliminary reference of
to compel the parties and their lawyers to issues to a commissioner;
appear before it, and negotiate an amicable 7. Propriety of rendering judgment on the
settlement or otherwise make a formal pleadings, or summary judgment, or of
settlement and embody in a single document the dismissing the action should a valid
issues of fact and law involved in the action, and ground therefor be found to exist;
such other matters as may aid in the prompt 8. Advisability/necessity of suspending the
disposition in the case, such as: proceedings; and
1. Number of witnesses 9. Other matters that may aid in the prompt
2. Tenor or character of their testimonies disposition of the action.
3. Documentary evidence; nature and
purpose of each Pre-trial is Mandatory
4. Number of trial dates - Vital objective: the simplification,
abbreviation, and expedition of the trial, if
not indeed its dispensation
- Mandatory nature is addressed to both Duty to Appear: It is the duty of the parties and
court and parties: their counsel to appear at the pre-trial. (Rule 18,
 Court must set the case for pre-trial Sec. 4)
and notify the parties as well as - NOTE: BOTH parties AND their counsel
counsel to appear
 Parties with their counsel are obliged When non-appearance is excused: A party’s non-
to obey the order of the court to that appearance may be excused only if either:
effect 1. Valid cause is shown for it;
2. A representative appears in his behalf,
fully authorized in writing:
Primary Objective a. To enter into an amicable settlement;
Pre-trial is primarily intended to make certain b. To submit to alternative modes of
that all issues necessary to the disposition of a dispute resolution;
case are properly raised. c. To enter into stipulations/admissions
of facts and of documents.
Thus, to obviate the element of surprise, parties
are expected to disclose at a pre-trial conference NOTE: The written special authority
(PTC) all issues of law and fact which they intend must be in the form of an SPA (Sec.
to raise at the trial, except such as may involve 23, Rule 38). If the party is a
privileged or impeaching matters. The corporation, the SPA must be
determination of issues at a pre-trial conference supported by a board resolution.
bars the consideration of other questions on
appeal. [Caltex v. CA (1992)] Effect of Failure to Appear; unexcused non-
appearance: (Rule 18, Sec. 5)

Order of Non-suit is issued to the party who

NOTICE OF PRE-TRIAL failed to appear at pre-trial.

When pre-trial conducted - After the last Who fails to

pleading has been served and filed, it shall be appear
the duty of the plaintiff to promptly Cause for dismissal of the action
move ex parte that the case be set for pre-trial. which will be with prejudice,
(Sec. 1, Rule 18) unless otherwise ordered by the
1. Specifically, the motion is to be filed court
within 5 days after the last pleading Cause to allow plaintiff to
joining the issues has been served and present evidence ex parte, and
filed (Admin Circ. No. 3-99, Jan 15, 1999) court to render judgment on the
2. Within 5 days from date of filing of the basis thereof
reply, plaintiff must promptly move ex-
parte that the case be set for pre-trial NOTE: The non-appearance of defendant in pre-
conference. If the plaintiff fails to file said trial is not a ground to declare him in default.
motion within the given period, the Thus, we distinguish:
branch clerk shall issue a Notice of Pre-
Trial (AM No. 03-109-SC, July 13, 2004)
Failure to appear by
Default by defendant
NOTE: Note: The “Last Pleading” need not be defendant (Rule 18,
(Rule 9, Sec. 3)
literally construed as the actual filing of the last Sec. 5)
pleading. For purpose of pre-trial, the expiration
of the period for filing the last pleading is Upon motion and
Not required
sufficient (Sarmiento v. Juan) notice to defendant.
Requires proof of
Not required
Notice of Pre-trial: The notice shall be served on: failure to answer
1. Counsel Court to allow
Court to render
2. Party, only if he has no counsel (Sec. 3, plaintiff to present
judgment, unless it
Rule 18) evidence ex parte,
requires submission of
then the court shall
The sufficiency of the written notice of pre-trial is render judgment
irrelevant where evidence shows that counsel Judgment by Default Judgment Ex Parte
and the parties actually knew of the pre-trial Relief awarded must Relief awarded may
(Bembo v. CA) be the same in nature be of different nature
and amount as prayed and amount from the
for in the complaint relief prayed for
When we say that a defendant is in “default” it trial brief was due to fraud, accident, mistake, or
speaks of his failure to file responsive pleading excusable negligence
and not his non-appearance at pre-trial.

Remedy of Party who has been non-suited: PROCEEDINGS AFTER TERMINATION OF PRE-
1. For a non-suited plaintiff: TRIAL
a. Motion to set aside the order of non-
suit Record of Pre-Trial: The pre-trial proceedings
b. Affidavit of merit is not necessary in a shall be recorded. Upon termination of such
simple motion for reconsideration of proceedings, the court shall issue the pre-trial
the order of non-suit EXCEPT as to order.
show the cause of the failure to
appear at the pre-trial (Jonathan Contents of Pre-Trial Order:
Landoil International Inc. v. 1. Matters taken up in the conference;
Mangudadatu) 2. Action taken thereon;
3. Amendments allowed on the pleadings;
2. For a non-suited defendant: 4. Agreements/admissions made by the
a. File a motion for reconsideration parties as to any matters considered;
without need for affidavits of merits 5. Should the action proceed to trial, the
regarding the fraud, accident, explicit definition and limit of the issues
mistake, or excusable negligence to be tried.
(Lucero v. Dacayo)
Effect of Pre-Trial Order: The contents of the
order shall control the subsequent course of the
action; UNLESS:
1. Modified before trial to prevent manifest
injustice (Rule 18, Sec. 7)
PRE-TRIAL BRIEF; EFFECT OF FAILURE TO 2. Issues impliedly included therein or may
FILE be inferable therefrom by necessary
implication (Velasco v. Apostol)
Rule 18, Sec. 6 makes it the MANDATORY duty of 3. Amendment to conform to evidence (Rule
the parties to seasonably file their pre-trial briefs 10, Sec. 5)
under the conditions and with the sanctions
provided therein.
On Compromise:
When to File Pre-Trial Brief: Parties shall file and - Upon manifestation of the parties of their
serve their respective pre-trial briefs, ensuring willingness to discuss a compromise, the
receipt by adverse party at least 3 days before TC should order the suspension of the
the date of the pre-trial. proceedings to allow them reasonable
time to discuss and conclude an amicable
Contents of a Pre-Trial Brief settlement.
1. Statement of their willingness to enter - If despite all efforts exerted by the TC and
into amicable settlement or alternative the parties the settlement conference still
modes of dispute resolution, indicating fails, then the action should have
the desired terms thereof; continued as if no suspension had taken
2. Summary of admitted facts and proposed place. [Goldloop Properties v. CA (1992)]
stipulation of facts; - NOTE: AM 03-1-09-SC - No termination of
3. Issues to be tried/resolved; pre-trial for failure to settle
4. Documents/exhibits to be presented,
stating the purpose thereof;
5. Manifestation of their having availed or DISTINCTION BETWEEN PRE-TRIAL IN CIVIL
their intention to avail themselves of CASE AND PRE-TRIAL IN CRIMINAL CASE
discovery procedures or referral to
6. Number and names of the witnesses, and Civil Case Criminal Case
the substance of their respective
testimonies. [AM No. 03-1-09-SC] Set when the Ordered by the
plaintiff moves ex court and no motion
Failure to File Pre-trial Brief: Failure to file the parte to set the to set the case for
pre-trial brief shall have the same effect as case for pre-trial pre-trial is required
failure to appear at the pre-trial. [Rule 18, Sec. 1] from either the
prosecution or the
Remedy of defendant is to file a motion for defense [Rule 118,
reconsideration, showing that his failure to file a Sec. 1]
Made after the Ordered by the
pleading has been court after The Alternative Dispute Resolution System
served and filed arraignment and Means any process or procedure used to resolve
[Rule 18, Sec. 1] within 30 days from a dispute or controversy, other than by
the sate the court adjudication of a presiding judge of a court or an
acquired jurisdiction officer of a government agency, as defined in
over the person of this Act, in which a neutral third party
the accused [Rule participates to assist in the resolution of issue
118, Sec. 1] [RA 9285, Sec. 3]
Considered the Does not include
possibility of an the considering of Policy Behind the ADR: To actively promote party
amicable the possibility of autonomy in the resolution of disputes or the
settlement as an amicable freedom of the party to make their own
important objective settlement of one’s arrangements to resolve their disputes [RA 9285,
[Rule 118, Sec. criminal liability as Sec. 2]
2(a)] one of its purposes
[Rule 118, Sec. 1] In Relation to Pre-Trial:
The arrangements (Stricter procedure) 1. At the start of the pre-trial conference,
and admissions in All agreements or the judge shall immediately refer the
the pre-trial are not admissions made or parties and/or their counsel if authorized
required to be entered during the by their clients to the PMC mediation unit
signed by both pre-trial conference for purposes of mediation if available.[AM
parties and their shall be reduced in No. 03-1-09-SC]
counsels. Under the writing and signed
Rules, they are by both the accused 2. The pre-trial briefs of parties must include
instead to be and counsel; the parties’ statement of their willingness
contained in the otherwise, they to enter into an amicable settlement
record of pre-trial cannot be used indicating the desired terms thereof or to
and pre-trial order against the submit the case to any of the alternative
[Rule 18, Sec. 7] accused. [Rule 118, modes of dispute resolution [AM No. 03-1-
Sec. 2] 09-SC]
[AM No. 03-1-09] -
requires the Exception to the Application of RA 9285:
proceedings during 1. labor disputes covered by the Labor
the preliminary Code;
conference to be 2. the civil status of persons;
recorded in the 3. validity of a marriage;
“Minutes of 4. any ground for legal separation;
Preliminary 5. the jurisdiction of courts;
Conference” to be 6. future legitime;
signed by both 7. criminal liability; and
parties and/or 8. those which by law cannot be
counsel. compromised.
(Note: either party
or his counsel is Modes of Alternative Dispute Resolutions:
allowed to sign)
The sanctions for Sanctions are 1. Arbitration (RA 9285, Sec. 1)
non-appearance are imposed upon the a. A voluntary dispute resolution process
imposed upon the counsel for the in which one or more arbitrators,
plaintiff and the accused or the appointed in accordance with the
defendant [Rule 18, prosecutor [Rule agreement of the parties, or rules
Sec. 4] 118, Sec. 3] promulgated pursuant to this Act,
A pre-trial brief is A pre-trial brief is resolve a dispute by rendering an
specifically required not specifically award\
to be submitted required. b. Different Kinds:
[Rule 18, Sec. 6] (1) Domestic Arbitration – an
arbritration that is not
international; governed by RA 876
Special Rules of Court on ADR (AM No. 07- 32]
11-08-SC) (2) International Arbitration - An
arbitration is international if:
The parties may be submitted to ADR during pre- (a) the parties to an arbitration
trial. If ADR fails, judge will schedule the agreement have, at the time of
continuance of the pre-trial conference the conclusion of that
agreement, their places of 9. Recognition and Enforcement or Setting
business in different States; or Aside of an Award in International
(b) one of the following places is Commercial Arbitration;
situated outside the State in 10. Recognition and Enforcement of a Foreign
which the parties have their Arbitral Award;
places of business [Article 3, 11. Confidentiality/Protective Orders; and
Model Law on International 12. Deposit and Enforcement of Mediated
Commercial Arbritration] Settlement Agreements.

2. Mediation Service and Filing of Petition – The petitioner

a. a voluntary process in which a shall serve, either by personal service or courier,
mediator, selected by the disputing a copy of the petition upon the respondent
parties, facilitates communication and before the filing thereof. Proof of service shall be
negotiation, and assist the parties in attached to the petition filed in court.
reaching a voluntary agreement
regarding a dispute Notice – served once court finds petition
b. includes conciliation sufficient in form and substance
1. Notice is sent to parties directing them to
3. Mini-Trial appear at a particular time and date for
a. A structured dispute resolution hearing
method in which the merits of a case 2. Hearing shall not be set no later than 5
are argued before a panel comprising days from lapse of period for filing
senior decision makers with or without opposition or comment
the presence of a neutral third person 3. Notice to respondent shall contain a
after which the parties seek a statement allowing him to file a comment
negotiated settlement or opposition to petition within 15 days
from receipt of notice
4. Early Neutral Evaluation 4. For Referral to ADR or
a. An ADR process wherein parties and Confidentiality/Protection Orders:
their lawyers are brought together a. Follow Rule 15 Rules of Court
early in a pre-trial phase to present
summaries of their cases and receive Summary Hearing - In all cases, as far as
a nonbinding assessment by an practicable, the summary hearing shall be
experienced, neutral person, with conducted in one (1) day and only for purposes
expertise in the subject in the of clarifying facts.
substance of the dispute
Prohibited Submissions (Rule 1.6)
5. Combination of ADR 1. Motion to dismiss;
a. Example: Med-Arb - step dispute 2. Motion for bill of particulars;
resolution process involving both 3. Motion for new trial or for reopening of
mediation and arbitration trial;
4. Petition for relief from judgment;
Special Rules of Court on ADR (AM No. 07-11-08- 5. Motion for extension, except in cases
SC) where an ex-parte temporary order of
protection has been issued;
The Special ADR Rules shall apply to and govern 6. Rejoinder to reply;
the following cases (Rule 1.1) PRE
7. – Motion
TRIAL to declare a party in default; and
1. Relief on the issue of Existence, Validity, 8. Any other pleading specifically disallowed
or Enforceability of the Arbitration under any provision of the Special ADR
3. Interim Measures of Protection; No summons (Rule 1.9 - In cases covered by the
4. Appointment of Arbitrator; Special ADR Rules, a court acquires authority to
5. Challenge to Appointment of Arbitrator; act on the petition or motion upon proof of
6. made
Agreements Termination Ifof
by parties; Mandate
Amendments of Arbitrator;
is absent
to when
so required
Schedule jurisdictional
If defendant
to of
Trialis court
court i.e.,
may thethat
hearcasethe respondent
evidence was
of plaintiff ex parte
7. Assistance in Taking Evidence; furnished a copy of the petition and the notice of
8. Confirmation, Correction or Vacation of hearing.
Award in Domestic Arbitration;


If evidence is insufficient to prove plaintiff’s cause of action or defendant’s counterclaim, court rules in favor


INTERVENTION or lose by the direct legal operation of the
judgment. The interest must be actual and
DEFINITION material, a concern which is more than mere
curiosity, or academic or sentimental desire; it
A legal remedy whereby a person is permitted to must not be indirect and contingent, indirect and
become a party in a case, by either: remote, conjectural, consequential or collateral.
1. Joining the plaintiff; [Virra Mall Tenants v. Virra Mall (2011)]
2. Joining the defendant;
3. Asserting his right against both plaintiff Notwithstanding the presence of a legal interest,
and defendant, considering that either: permission to intervene is subject to the sound
a. He has a legal interest in the subject discretion of the court, the exercise of which is
matter of the action; limited by considering "whether or not the
b. He has legal interest in the success of intervention will unduly delay or prejudice the
either of the parties adjudication of the rights of the original parties
c. He has legal interest against both of and whether or not the intervenor’s rights may
the parties be fully protected in a separate proceeding.
d. He is going to be adversely affected [Virra Mall Tenants v. Virra Mall (2011)]
by the disposition of the property in
the custody of the court (Rule 19,
Sec. 1)
Intervention is never an independent action, but
is ancillary and supplemental to the existing How Intervention is Done
litigation. Its purpose is to afford one not an 1. By a motion to intervene
original party, yet having a certain right/interest 2. Attaching the pleading-in-intervention to
in the pending case, the opportunity to appear the motion
and be joined so he could assert or protect such 3. Copies served on the original parties
right/interest. (Carino v. Ofilada, 1993) (Rule 19, Sec. 2)

When should it be filed – The motion to intervene

REQUISITES FOR INTERVENTION may be filed at ANY TIME before rendition of
judgment by the court
The requisites of intervention are:
1. Legal interest: General Rule: Allowance of intervention is
a. In the matter in controversy; or discretionary with the court
b. In the success of either of the parties;
or Exception: When the intervenor is an
c. Against both; or indispensable party
d. So situated as to be adversely
affected by a distribution or other Pleadings-in-Intervention:
disposition of property in the custody 1. Complaint-in-intervention – If intervenor
of the court or of an office thereof; asserts a claim against either or all of the
2. Intervention will not unduly delay or original parties.
prejudice the adjudication of rights of
original parties 2. Answer-in-intervention – If intervenor
3. Intervenor’s rights may not be fully unites with the defending party in
protected in a separate proceeding resisting a claim against the latter.
(Lorenza Ortega v. CA, 1998)
3. Answer to complaint-in-intervention [Rule
19, Sec. 4] - It must be filed within 15
MEANING OF LEGAL INTEREST days from notice of the order admitting
the complaint-in-intervention, unless a
Interest must be of a direct and immediate different period is fixed by the court.
character so that the intervenor will either gain
REMEDY FOR DENIAL OF MOTION TO 2. If intervention is granted
INTERVENE a. A grant of a motion to intervene is
1. If intervention is denied b. Hence, anyone who objects can file a
a. Aggrieved party may appeal petition for certiorari for improper
b. Mandamus will not lie except in case granting of intervention
of grave abuse of discretion

1. Subpoena duces tecum (SDT)
DEFINITION 2. Subpoena ad testificandum (SAT)

Subpoena is a process directed to a person

1. To attend and to testify at the hearing or
the trial of an action, or at any A process directed to a person requiring him to
investigation conducted by competent attend and to testify at the hearing or the trial of
authority, or for the taking of his an action, or at any investigation conducted by
deposition; or competent authority or for the taking of his
2. To bring with him any books, documents, deposition
or other things under his control (Rule 21,
Sec. 1)
An order to appear A process directed to a person requiring him to
and testify or to An order to answer bring with him books, documents, or other things
produce books and complaint under his control
May be served to a Served on the The SDT is, in all respects, like the ordinary SAT
non-party defendant with the exception that it concludes with an
Needs tender of injunction that the witness shall bring with him
kilometrage, Does not need tender and produce at the examination the books,
attendance fee and of kilometrage and documents, or things described in the subpoena
reasonable cost of other fees
production fee Before SDT may issue, the court must first be
satisfied that the following requisites are
Who May Issue: (Rule 21, Sec. 2) present:
1. Court before whom the witness is 1. Test of RELEVANCY: The books,
required to attend documents, or other things requested
2. Court of the place where the deposition is must appear prima facie relevant to the
to be taken issue subject of the controversy
3. Officer or body authorized by law to do so 2. Test of DEFINITENESS: Such books must
in connection with investigations be reasonably described by the parties to
conducted by said officer or body; or be readily identified (test of definiteness)
4. Any justice of the SC or of the CA, in any
case or investigation pending within the
NOTE: Sec. 38(2), BP 129 – All processes issued
by the MTC and MCTC in cases falling within their How Made: Same manner as PERSONAL or
jurisdiction may be served anywhere in the SUBSTITUTED service of summons
Philippines without the necessity of certification
by the judge of the RTC Formalities:
1. The original shall be exhibited
Form and Contents: (Rule 21, Sec. 3) 2. A copy is delivered to the person on
1. Shall state the name of the court and the whom it is served
title of the action or investigation 3. Fees and costs:
2. Shall be directed to the person whose a. Tender to the person on whom it is
attendance is required served the fees for one day’s
3. In case of a subpoena duces tecum, shall attendance and the kilometrage
contain a reasonable description of the allowed by the Rules
books, documents, or things demanded (1) EXCEPT: Tender need not be made
which must appear to the court to be if issued by or on behalf of the
prima facie relevant Republic or an officer of agency
b. If SDT, reasonable cost of producing 2. Permission of the court in which the
the books, documents, or things detention prisoner’s case is pending was
demanded shall also be tendered not obtained

Service must be made so as to allow the witness

reasonable time for preparation and travel to the QUASHING OF SUBPOENA (Rule 21, Sec. 4)
place of attendance
How Done: By motion promptly made

Period to File: A motion to quash may be made

COMPELLING ATTENDANCE OF WITNESSES; at or before the time specified in the subpoena
General Rule: 1. For quashal of subpoena duces tecum:
1. The court which issued the subpoena may a. It is unreasonable and oppressive
issue a warrant for the arrest of the b. The articles sought to be produced do
witness and make him pay the cost of not appear prima facie to be relevant
such warrant and seizure, if the court to the issues; or
should determine that his disobedience c. The person asking for the subpoena
was willful and without just cause (Sec. 8) does not advance the cost for the
production of the articles desired
2. The refusal to obey a subpoena without d. Failure to tender witness fees and
adequate cause shall be deemed kilometrage allowed by the Rules
contempt of the court issuing it (Sec. 9)
2. For quashal of subpoena ad testificandum
Exception: Provisions regarding the compelling of a. That the witness is not bound thereby,
attendance (Sec. 8) and contempt (Sec. 9) do or
not apply where: b. That the witness fees and kilometrage
1. Witness resides more than 100km from allowed by the Rules were not
his residence to the place where he is to tendered when subpoena was served
testify by the ordinary course of travel
(Viatory Right) and
a. NOTE: This refers to civil cases only,
not criminal
MODES OF DISCOVERY disclosing the real points of dispute between the
parties and affording an adequate factual basis
during the preparation for trial.
DISCOVERY – a device employed by a party to
obtain information about relevant matters on the General Uses of Deposition:
case from the adverse party in the preparation 1. Intended as a means to compel disclosure
for trial of facts resting in the knowledge of a
party or other person, which are relevant
Purpose – to enable the parties to obtain the in a suit or proceeding
fullest possible knowledge of the issues and 2. Dual functions:
evidence long before the trial to prevent such a. A method of discovery
trial from being carried on in the dark b. A method of presenting testimony in
lieu of oral open court testimony
1. Depositions pending actions – Rule 23 Scope of Examination
2. Depositions before action or pending 1. Matter which is relevant to the subject of
appeal – Rule 24 the pending action made by the
3. Interrogatories to parties – Rule 25 pleadings or likely to arise under the
4. Admission by adverse party – Rule 26 pleadings
5. Production or inspection of documents or 2. Matter that is not privileged
thing – Rule 27 3. As well as:
6. Physical and mental examination of a. The existence, description, nature,
persons – Rule 28 custody, condition and location of any
books, documents, or other tangible
things; and
DEPOSITIONS PENDING ACTION (Rule 23) b. The identity and location of persons
having knowledge of relevant facts
Meaning of Deposition - Deposition is chiefly a (Rule 23, Sec. 2)
mode of discovery, the primary function of which
is to supplement the pleadings for the purpose of
NOTE: Under such limitations as the court d. Inability to procure attendance of
may order under Sec. 16 and 18 witness by subpoena

When Depositions Pending Action Taken: (Rule DEPONENT USE

23, Sec. 1) Any person By any party for
1. With leave of court: contradicting or
a. AFTER jurisdiction has been obtained impeaching the
over any defendant or over the testimony of deponent
property which is the subject of the as witness
action, but A party or anyone
b. BEFORE an answer has been served who at the time of the
deposition was an
2. Without leave of court officer, director, or
a. AFTER answer has been served managing agent, of a By an adverse party
public or private for any purpose
Depositions before an answer should be corporation or
granted only under special circumstances partnership, or
where the conditions point to the necessity of association which is a
presenting a strong case for allowance of the party
motion. By any party for any
There must be some “necessity” or “good Witness, whether or purpose if the court
reason” for taking the testimony immediately not a party finds the 5 instances
or that it would be prejudicial to the party occurring
seeking the order to be compelled to await
joinder of issues. NOTE: Depositions can be used as evidence by a
party (“for any purpose”) under the specific
Specific Uses of Depositions Pending Action: the conditions in Sec. 4
use of depositions depends on whether deponent
is a party or not (Rule 23, Sec. 4) REMEMBER: Generally, a deposition is not
generally supposed to be a substitute for the
1. The depositions may be used for actual testimony in open court of a party or
contradicting or impeaching the witness. If the witness is available to testify, he
testimony of deponent not as proof of should be presented in court to testify. If
specific facts available to testify, a party’s or witness’
a. If deponent does not testify and is not deposition is inadmissible in evidence for being
a party, deposition cannot be used for hearsay. (Dasmarinas Garments Inc. v. Reyes,
this purpose 1993). Exceptions to this rule are those found in
Sec. 4.
2. Deposition of an ADVERSE party may be
used for any purpose Persons before whom depositions may be taken
a. It may be used as an admission (Rule 23, Sec. 10 and 11)
b. A deposition cannot, however, be 1. Within the Philippines:
used in the trial of a case against a a. Judge
defendant who was not a party to the b. Notary Public, or
action when the deposition was taken c. Any person authorized to administer
oaths, as stipulated by the parties in
3. Deposition of a witness or party may be writing
used for any purpose under the following
circumstances: 2. Outside the Philippines
a. Witness is dead – there must be proof a. On notice before a secretary of
of death or presumption of death and embassy or legation, consul general,
that deposition was legally taken consul, vice-consul, or consular agent
of the Philippines
b. Non-residence of deponent – where it b. Before such person or officer as may
appears that the absence of deponent be appointed by commission or under
was procured by the party offering the letter rogatory or
deposition of the same cannot be c. Any person authorized to administer
received in evidence oaths as stipulated by parties in
c. Disability of a witness – age, sickness,
infirmity, or imprisonment. The Disqualification by interest: No deposition shall
certificate of the attending physician be taken before a person who is: (Rule 23, Sec.
that the witness is in a precarious 13)
condition is sufficient 1. A relative within the 6th degree of affinity
or consanguinity
2. An employee or counsel of any of the a. The deposition is that of an opposing
parties party, OR
3. A relative within the same degree or b. The deposition is used to impeach or
employee of such counsel contradict opponent. (Sec. 8)
4. Financially interested in the action
When may taking of deposition be terminated or
Procedure in Taking Depositions: its scope limited (Rule 23, Sec. 18)
1. A party desiring to take the deposition of
any person upon oral examination shall 1. How done:
give reasonable notice in writing to every a. A motion or petition for termination or
party to the action stating the time and limit examination is filed by any party
place for taking the deposition and the or of the deponent
name and address of each person to be b. Filed in the court where the action is
examined. [Rule 23, Sec. 15] pending OR the RTC of the place
where deposition is being taken
2. After the notice is served, the court may
make any order for the protection of the 2. When done: At any time during the taking
parties and the deponent. [Rule 23, Sec. of deposition
3. Grounds: That the examination is being
3. The attendance of the witnesses may be conducted:
compelled by the use of subpoenas. [Rule a. In bad faith, or
23, Sec. 1] b. In such manner as unreasonably to
annoy, embarrass or oppress the
4. The deponent may be examined or cross deponent or party
examined following the procedures for
witnesses in a trial. He may be asked Effect of Errors and Irregularities in Depositions
questions on direct, cross, re-direct or re- (Rule 23, Sec. 29)
cross. He has the same rights as a
witness and may be impeached like a Error and
court witness because Sections 3 to 18 of Irregularities
Rule 132 apply to deponent. [Rule 23, Waived
Sec. 3] As to notice
Unless written objection is
for taking
promptly served upon party
5. The officer before whom the deposition is depositions
giving notice
being taken has no authority to rule on Objection to Waived
objections interposed during the course taking Unless made:
of the deposition although any objections deposition 1. Before taking of
shall be noted by him upon the because of deposition begins or
deposition. Any evidence that is objected disqualificatio 2. As soon thereafter as
to shall still be taken but subject to the n of officer disqualification becomes
objection. [Rule 23, Sec. 17] before whom known or could be
it is to be discovered with
When may objections to admissibility be made taken reasonable diligence
(Rule 23, Sec. 6) - Objection may be made at the Objection to Not waived by failure to make
TRIAL or HEARING to receiving in evidence any the them before or during the
deposition or part thereof for any reason which competency taking of deposition
would require the exclusion of the evidence if the of a witness
witness were then present and testifying or Unless the ground of the
competency objection is one which might
Effect of Taking and Using Depositions: or relevancy have been obviated or removed
or materiality if presented at that time
1. General Rule: A party shall not be of testimony
deemed to make a person his own In the manner of taking, in the
witness for any purpose by taking his form of questions or answers, in
deposition because depositions are taken the oath or affirmation, or in
for discovery and not for use as evidence. Occurring at
conduct of parties and errors of
(Rule 23, Sec. 7) oral
any kind which might be
obviated or removed if promptly
2. Exception: If a party offers the deposition and other
prosecuted are waived
in evidence, then he is deemed to have particulars
Unless reasonable objection
made the deponent his witness (Sec. 8) thereto is made at the time of
taking the deposition
3. Exceptions to the Exception: Objections to Waived
the form of Unless served in writing upon
within the time allowed for APPEAL (Rule 24)
serving succeeding cross or
written other interrogatories and within A deposition before action and a deposition
interrogatorie 3 days after service of last pending appeal are referred to as perpetuation
s under Sec. interrogatories authorized of testimony (perpetuam rei memoriam) because
In the Waived their objective is to perpetuate the testimony of
manner in a witness for future use.
which Unless motion to suppress
testimony is depositions or some part Purpose: To perpetuate the testimony of
transcribed or thereof is made with reasonable witnesses for probable use in the event of
in the promptness after such defect is further proceedings in said court.
preparation ascertained, or with due
under Sec. diligence might have been Who may avail: Any person:
17, 19, 20, ascertained 1. Who wants to perpetuate his own
and 26 testimony; or
2. Who wants to perpetuate the testimony
Orders that may be issued by the court of another person
regarding deposition taking
1. That the deposition shall not be taken; Procedure for Deposition Pending Action:
2. That it may be taken at some designated
place other than that stated in the notice; 1. File a verified petition in the court of the
3. That it may be taken only on written place of the residence of any expected
interrogatories; adverse party
4. That certain matters shall not be inquired a. Petition shall be entitled in the name
into’ of petitioner
5. That the scope of the examination shall b. It shall show:
be held with no one present except the (1) That the petitioner expects to be a
parties to the action and their officers or party to an action in a court of the
counsel; Philippines but is presently unable
6. That after being sealed, the deposition to bring it or cause it to be
shall be opened only by order of the brought;
court; (2) The subject matter of the
7. That secret processes, developments, or expected action and his interest
research need not be disclosed; therein;
8. That the parties shall simultaneously file (3) The facts which he desires to
specified documents or information establish by the proposed
enclosed in sealed envelopes to be testimony and his reasons for
opened as directed by the court; desiring to perpetuate it;
(4) The names or a description of the
persons he expects will be adverse
parties and their addresses so far
as known; and
(5) The names and addresses of the
persons to be examined and the
substance of the testimony which
he expects to elicit from each, and
shall ask for an order authorizing
the petitioner to take the
depositions of the persons to be
examined named in the petition
for the purpose of perpetuating
their testimony.

2. Notice and service to each person named

in the petition as an expected adverse
party, together with a copy of the
petition, stating that the petitioner will
apply to the court, at a time and place
named therein, for the order described in
the petition.

3. At least twenty (20) days before the date

of the hearing, the court shall cause
notice thereof to be served on the parties
and prospective deponents in the manner WRITTEN INTERROGATORIES TO ADVERSE
provided for service of summons. PARTIES (Rule 25)

4. Order and Examination: If the court is Purpose - This mode of discovery is availed of by
satisfied that the perpetuation of the the party to the action for the purpose of
testimony may prevent a failure or delay eliciting material and relevant facts from any of
of justice, it shall make an order the adverse party. [Rule 25, Sec. 1]
designating or describing the persons
whose deposition may be taken and Service of Interrogatories to Parties – Any party
specifying the subject matter of the desiring to elicit material and relevant facts from
examination and whether the depositions any adverse party shall file and serve upon the
shall be taken upon oral examination or adverse party written interrogatories to be
written interrogatories. answered by the party served.

Use of Deposition: If a deposition to perpetuate NOTE: Written interrogatories must not

testimony is taken under this Rule, or if, although only be served but also filed.
not so taken, it would be admissible in evidence,
it may be used in any action involving the same Manner of Service:
subject matter subsequently brought in 1. Without leave of court – After answer
accordance with the provisions of sections 4 and has been served; and for the first set
5 of Rule 23. (Rule 24, Sec. 6) of interrogatories
2. With leave of court – before the
Procedure for Deposition Pending Appeal: answer has been served; and for
subsequent sets of interrogatories
1. During the pendency of an appeal, the
court in which the judgment was NOTE: No party may, without leave of
rendered may allow the taking of court, serve more than one set of
depositions of witnesses to perpetuate interrogatories to be answered by the
their testimony in the event of further same party. (Rule 25, Sec. 4)
proceedings in the said court.
Answer to Interrogatories: (Rule 25, Sec. 2)
2. The party who desires to perpetuate the 1. Written interrogatories and the answers
testimony may make a motion in the said thereto must both be filed and served
court for leave to take the depositions, a. Hence, the answers may constitute as
upon the same notice and service thereof judicial admissions (Sec. 4, Rule 129)
as if the action was pending therein. The
motion shall state: 2. Form of answer:
a. The names and addresses of the a. It must be answered fully in writing
persons to be examined and the b. And signed and sworn to by the
substance of the testimony which he person making them
expects to elicit from each, and
b. The reason for perpetuating their 3. Service and Filing
testimony. a. Party upon whom interrogatories were
served shall file and serve a copy of
3. Order allowing the deposition: If the court the answers on the party submitting
finds that the perpetuation of the interrogatories
testimony is proper to avoid a failure or b. Time period:
delay of justice, it may make an order (1) Within 15 days after service
allowing the deposition to be taken. thereof
(2) UNLESS court extends or shortens
the time on motion and for good
cause shown

Objections to Interrogatories: (Rule 25, Sec. 3)

Objections may be presented to the court within

10 days after service thereof with notice as in
case of a motion.

Effect: Answers shall be deferred until objections

are resolved

1. They require the statements of
conclusions of law or answers to
hypothetical questions or opinion, or REQUEST FOR ADMISSION (Rule 26)
mere hearsay, or matters not within the
personal knowledge of the interrogated Rule 26, as a mode of discovery, contemplates
party interrogatories seeking clarification in order to
2. Frivolous interrogatories need not be determine the truth of the allegation in a
answered (Herrera) pleading.

Scope and Use of Interrogatories (Rule 25, Sec. Purposes:

5) 1. To allow one party to request the adverse
in writing to admit certain material and
Interrogatories may relate to any matters than relevant matters which most likely will
can be inquired into under Sec. 2, Rule 23 not be disputed during the trial.
2. To avoid unnecessary inconvenience to
Answers may be used for the same purposes the parties in going through the rigors of
provided in Sec. 4, Rule 23 proof, before the trial, a party may
request the other to:
Effect of Failure to Serve Written Interrogatories a. Admit the genuineness of any
(Rule 25, Sec. 6) material and relevant document
described in and exhibited with the
A party not served with written interrogatories request; or
may not be compelled by adverse party to: b. Admit the truth of any material and
1. Give testimony in open court; or relevant matter of fact set forth in the
2. Give deposition pending appeal request [Rule 26, Sec. 1]

UNLESS thereafter allowed by the court for good How made:

cause shown and to prevent a failure of justice 1. A party files and serves upon any other
party a written request
NOTE: This should not be confused with 2. Copies of the documents shall be served
the provisions of Rule 29. Sec. 6 Rule 25 with the request unless already furnished
as well as a similar provision in Rule 26
are directed to a party who fails or When made: At any time after issues have been
refuses to resort to discovery procedures joined.
therein. Rule 29 provides for sanctions or
other consequences upon a party who The request for admission MUST BE SERVED ON
refuses or fails to comply with discovery THE PARTY and NOT ON THE COUNSEL. This is an
procedures duly availed of by his exception to the general rule that notices shall
opponent be served upon counsel and not upon the party.
(Duque v. CA, 2002)
Written Interrogatories v. Interrogatories to
Parties Implied Admission by Adverse Party (Rule 26,
Sec. 2)

Written Interrogatories Interrogatories Each of the matters which an admission is

to Parties requested shall be deemed admitted UNLESS the
The deposition is takes There is no party to whom request is directed files and
before a deposition deposition serves upon the party requesting admission a
officer officer. SWORN STATEMENT
Questions are prepared 1. Contents of the sworn statement:
beforehand. These are a. Denying specifically the matters of
submitted to the which an admission is requested, or
The questioning b. Setting forth in detail the reasons why
deposition officer who
is direct. he cannot truthfully either admit or
will ask the deponent
the questions and he deny those matters
will record the answers.
The deposition of any 2. Period to file and serve the sworn
The deposition statement
person may be taken,
of the parties a. Within a period designated in the
whether he is a party or
are only taken. request
b. Which shall not be less than 15 days
after service thereof, or
c. Within such further time as the court
may allow on motion

Objections to any request for admission –

Objections shall be submitted to the court by the
party requested within the period for and prior to PRODUCTION OR INSPECTION OF
filing of his sworn statement. Compliance with DOCUMENTS OR THINGS (Rule 27)
the sworn statement shall be deferred until
objections are resolved. Rule 27 applies only to a PENDING ACTION and
the documentary things subject of the motion
Effect of Admission (Rule 26, Sec. 3) must be only WITHIN the possession, control, or
custody of a party
1. Any admission made by a party pursuant
to such request is for the purpose of the PRODUCTION OR
2. It shall not: DOCUMENTS OR TECUM
a. Constitute an admission by him for THINGS
any other purpose; nor Essentially a mode of A means of compelling
b. Be used against him in any other discovery production of evidence
proceeding It may be directed to a
Rules is limited to the
person whether a
Effect of Failure to File and Serve Request for parties of the action
party or not
Admission (Rule 26, Sec. 5) The order under this
Rule is issued only
A party who fails to file and serve a request for It may be issued upon
upon motion with
admission on the adverse party of material and an ex parte application
notice to the adverse
relevant fact at issue which are, or ought to be, party
within the personal knowledge of the latter: May be asked before May be asked only
1. He shall not be permitted to present and/or during trial during trial
evidence on such facts Necessary to show Not necessary to show
2. UNLESS otherwise allowed by the court good cause good cause
for good cause and to prevent a failure of Grounds for quashal:
justice 1. Unreasonable,
NOTE: This is similar to the provision on irrelevant
unjustified failure of a party to avail of Ground for quashal:
2. Failure to
written interrogatories under Sec. 6, Rule No good cause shown
25. reasonable
costs of
Consequence of Disobedience
disobedience, see constitutes contempt
Rule 29, Sec. 3 of court


1. A motion must be filed by the party

seeking the production or inspection of
documents and things and the motion
must show good cause supporting the
same. [Rule 27, Sec. 1]

2. The court in which the action is pending

shall issue an order:
a. which shall specify the time, place
and manner of making the inspection
and taking copies and photographs,
b. which may prescribe such terms and
conditions as are just. [Rule 27, Sec.

Court Order:
1. The court may:
a. Order any party to produce and
permit the inspection and copying or
(1) By or on behalf of the moving
(2) Of any designated documents, PHYSICAL AND MENTAL EXAMINATION OF
papers, books, accounts, letters, PERSONS (Rule 28)
photographs, objects or tangible
things, not privileged, which When available: In an action in which the mental
constitute or contain evidence or physical condition of a party is in controversy.
material to any matter involved in (Rule 28, Sec. 1)
the action - NOTE: It is the mental and physical
(3) And which are in his possession, condition of a PARTY not a WITNESS that
custody or control is in controversy

b. Order any party to permit entry upon How Done:

designated land or other property in 1. Motion for examination is filed
his possession or control 2. Filed in the court in which the action is
(1) For the purpose of inspecting, pending
measuring, surveying, or 3. Court may, in its discretion, order him to
photographing, property or any submit to a physical or mental
designated relevant object or examination by a physician
operation thereon
NOTE: Since the results of the examination are
2. Contents of the Order intended to be made public, the same are not
a. Time, place, and manner of making covered by physician-patient privilege (Sec.
the inspection and taking copies and 24(b), Rule 130)
photographs, and
b. Such terms and conditions as are just Requisites to Obtain an Order for Examination
1. A motion must be filed for the physical
and mental examination
2. The motion must show good cause for the
3. Notice to the party to be examined and to
all other parties;
4. The motion shall specify the time, place,
manner, conditions, and scope of the
examination and the person or persons
by whom it is made (Rule 28, Sec. 2)

Report of Findings (Rule 28, Sec. 3)

1. If requested by the party examined:

a. The party causing the examination to
be made shall deliver to him a copy of
a detailed written report of the
examining physician setting out his
findings and conclusions

2. After such request and delivery:

a. The party causing the examination to
be made shall be entitled upon
request to receive from the party
examined a like report of any
examination, previously or thereafter
made, of the same mental or physical

3. If party examined refuses to deliver such

a. The court on motion and notice may
make an order requiring delivery on
such terms as are just
b. And if a physician fails or refuses to
make such a report the court may
exclude his testimony if offered at the

Waiver of privilege (Rule 28, Sec. 4)

Where the party examined requests and obtains 2. He waives any privilege he may have in
a report on the results of the examination, the that action or any other involving the
consequences are: same controversy regarding the
1. He has to furnish the other party a copy testimony of any other person who has so
of the report of any previous or examined him or may thereafter examine
subsequent examination of the same him
physical and mental condition; AND
CONSEQUENCES OF REFUSAL TO COMPLY 4. Stay further proceedings
WITH MODES OF DISCOVERY (Rule 29) 5. Dismiss the action or
proceeding or any part
REFUSAL TO thereof
COMPLY 6. Render a judgment by
WITH SANCTIONS default against disobedient
MODES OF party
(Sec. 3)
DISCOVERY 7. Direct the arrest of any party
1. The court may, upon proper disobeying any of such
application, compel a orders except an order to
refusing deponent to answer submit to a physical or
(Sec. 1) mental examination
a. If granted, and refusal to 8. Other orders as may be just
answer is without
substantial justification, The court, upon proper
court may require the application, issue an order
refusing party to pay requiring the other party to pay
proponent the him reasonable expenses
reasonable expenses incurred, including attorney’s
Refusal to
incurred in obtaining the fees
answer any Refusal to
order PROVIDED that party requesting
question admit under
b. If denied, and filed proves genuineness of such
(Sec. 1 and Rule 26
without substantial document or truth
2) (Sec. 4)
justification, court may UNLESS court finds:
require proponent to pay 1. There were good reasons
refusing party the for denial
reasonable expenses 2. Admissions sought were
incurred in obtaining the of no importance
2. A refusal to answer after The court on motion and notice
being directed by court to do may:
so may be constituted as 1. Strike out all or any part of
Failure of
contempt of court any pleading of disobedient
party to
attend or
Refusal to Cite the disobedient deponent in 2. Dismiss the action or
be Sworn contempt of court proceeding or any part
answers to
(Sec. 2) thereof
Refusal to The court may make the 3. Enter a judgment by default
answer following orders: against disobedient party
designated 1. Prohibit the disobedient 4. Order payment of reasonable
(Sec. 5)
questions or party to introduce evidence expenses incurred by the
refusal to of physical or mental other including attorney’s
produce condition fees
documents 2. Refuse to allow the
or to submit disobedient party to support NOTE: Expenses and attorney’s fees are not to
to physical or oppose claims or defenses be imposed upon the Republic of the Philippines.
or mental 3. Strike out pleadings or parts (Rule 29, Sec. 6)
examination thereof
TRIAL A hearing is a broader term. It is not confined to
the trial and presentation of the evidence
DEFINITION because it actually embraces several stages in
the litigation. It includes the pre-trial and the
A trial is the judicial process of investigating and determination of granting or denying a motion.
determining the legal controversies, starting with [Trocio v. Labayo (1973)]
the production of evidence by the plaintiff and
ending with his closing arguments [Acosta v.
People (1962)]. NOTICE OF TRIAL (Rule 30, Sec. 1)
Upon entry of a case in the trial calendar, the (2) That the character of his illness is
clerk shall notify parties the date of its trial, such as to render his non-
ensuring receipt of the notice at least 5 days attendance excusable
before the trial date.

GENERAL RULE: When an issue exists, trial is AGREED STATEMENT OF FACTS (Rule 30, Sec.
necessary. Decision should not be made without 6)
The parties may agree in writing upon the facts
EXCEPTIONS: When there may be judgment involved in the litigation and submit the case for
without trial judgment in the facts agreed upon without the
1. Judgment on the pleading (Rule 34) introduction of evidence
2. Summary Judgment (Rule 35)
3. Judgment on Compromise If the parties agree only on some of the facts in
4. Judgment on Confession issue, trial shall be held as to the disputed facts
5. Dismissal with Prejudice (Rule 17) in such order as the court shall prescribe.
6. Judgment under Rule on Summary
Procedure, and Stipulation Of Facts in Stipulation Of Facts in
7. Stipulation of fact Civil Cases Criminal Cases
May be signed by the Must be signed by
counsel alone who both counsel and
(Rule 30, Sec. 2) May be made verbally Strict; it must always
or in writing be in writing
GENERAL RULE: A court may adjourn a trial from
day to day, and to any stated time, as the An agreed statement of facts is conclusive on
expeditious and convenient transaction of the parties, as well as on the court. Neither of
business may require the parties may withdraw from the agreement,
nor may the court ignore the same. [McGuire v.
LIMITATION: The court has no power to adjourn a Manufactures Life]
trial for:
1. A period longer than one month for each
2. More than 3 months in all (Rule 30, Sec. 5)

EXCEPTION: Unless authorized in writing by General Rule: Trial shall be limited to the issues
the Court Administrator, SC stated in the pre-trial order.

Postponement is not a matter of right. It is Exceptions:

addressed to the sound discretion of the court. 1. Provisions on separate trials under Rule
[Riano, citing Garces v Valenzuela (1989)] 31, Sec. 2
2. When for special reasons the court directs
General Order of Trial:
1. For absence of evidence (Rule 30, Sec. 3) 1. Plaintiff’s evidence in chief
a. Submission of affidavit showing that: 2. Defendant’s evidence in chief and
(1) The evidence is relevant; and evidence in support of his counterclaim,
(2) Diligent efforts had been exerted cross-claim and 3rd-party complaint
to procure the evidence 3. 3rd-party defendant shall adduce evidence
of his defense, counterclaim, cross-claim,
2. For illness of party or counsel (Rule 30, and 4th party complaint
Sec. 4) 4. 4th-party defendant shall adduce
a. A motion for postponement stating evidence, and so forth
the ground relied upon must be filed; 5. Parties against whom any counterclaim or
and cross-claim has been pleaded shall
b. The motion must be supported by an adduce evidence in support of their
affidavit or sworn certification defense, in the order to be prescribed by
showing: court
(1) The presence of such party or 6. Parties may then respectively adduce
counsel at the trial is rebutting evidence only
indispensable; and a. Unless the court permits them to
adduce evidence upon original case
7. Upon admission of evidence, case
submitted for decision
a. Unless court directs parties to argue SEVERANCE
or to submit respective memoranda or
any further pleading When proper: This contemplates a single action
having a number of claims, counterclaims, cross-
Reverse Order of Trial: claims, third-party complaints or issues which
may be separately tried
in this situation, the defendant presents
evidence ahead of the plaintiff When separate trial of claims is conducted by
the court under this section, it may render
When Proper: If the defendant in his answer separate judgments on each claim (see Sec. 5,
relies upon an affirmative defense Rule 36)

Where the answer of the defendant This provision permitting separate trials
admitted the obligation stated in the presupposes that the claims involved are within
complaint, although special defenses the jurisdiction of the court
were pleaded, the plaintiff has every right - When one of the claims is not within its
to insist that it was for the defendant to jurisdiction, the same should be
come forward with evidence to support dismissed, so that it may be filed in the
his special defenses (Yu v. Mapayo) proper court

Ratio: Plaintiff need not have to present

evidence since judicial admissions do not require DELEGATION OF RECEPTION OF EVIDENCE
proof (Sec. 2, Rule 129) (Rule 30, Sec. 9)

General Rule: The judge of the court where the

CONSOLIDATION OR SEVERANCE OF case is pending shall personally receive the
HEARING OR TRIAL (Rule 31) evidence to be adduced by the parties.

CONSOLIDATION Exception: The court may delegate the reception

of evidence to its clerk of court who is a member
When proper: When actions involving a common of the bar in:
question of fact or law are pending before the 1. Default hearings;
court 2. Ex parte hearings;
3. Cases where parties agree in writing.
Court action: The court may:
1. Order a joint hearing or trial of any or all However, the clerk of court has no power to rule
matters in issue in the actions on objections to any question/admission of
2. Order all actions consolidated exhibits.
3. Such orders concerning proceedings
therein as may tend to avoid unnecessary Objections shall be resolved by the court upon
costs or delay submission of the clerk’s report and TSN within
10 days from termination of the hearing.
Purpose: To avoid multiplicity of suits, guard
against oppression or abuse, prevent delay, clear The rule requires that, where the reception of
congested dockets, simplify the work of the trial evidence is delegated to the clerk of court, he
court and save unnecessary costs and expenses must also be a member of the bar. Neither
agreement by parties nor their acquiescence can
Where a case has been partially tried before one justify its violation. [Umali-Paco v. Quilala]
judge, the consolidation of the same with
another related case pending before another
judge who had no opportunity to observe the TRIAL BY COMMISSIONERS (Rule 32)
demeanor of the witness during trial makes the
consolidation not mandatory. [PCGG v. CONCEPTS
Sandiganbayan (1992)]
Commissioner - A person to whom a case
It has been held that the rules do not distinguish pending in court is referred, for him to take
between cases filed before the same branch or testimony, hear the parties and report thereon to
judge and those that are pending in different the court, and upon whose report, if confirmed,
branches or before different judges of the same judgment is rendered
court, in order that consolidation may be proper,
as long as the cases involve the resolution of General rule: Trial by commissioner depends
questions of law or facts in common with each largely upon the discretion of the court
other (Active Woods Products Co. Inc. v. CA)
Exception: In the following instances, 2. Do all acts and take all measures
appointment of a commissioner is necessary: necessary or proper for the efficient
1. Expropriation (Rule 67) performance of his duties
2. Partition (Rule 69) 3. Swear witnesses
3. Settlement of Estate of a Deceased 4. Issue subpoena and subpoenas duces
Person in case of contested claims; and tecum
4. Submission of Accounting by executors or 5. Rule upon the admissibility of evidence
administrators a. UNLESS otherwise provided in the
order of reference
Kinds of trial by commissioners
1. Reference by consent of both parties. NOTE: Limitations on the powers of
2. Reference ordered on motion when: commissioner are found in the Order of
a. Trial of an issue of fact requires the Reference.
examination of a long account on
either side Proceedings before the Commissioner (Rule 32,
b. Taking of an account is necessary for Sec. 5)
the court’s information before 1. Upon receipt of the order of reference,
judgment, or for carrying the commissioner shall set a time and
judgment/order into effect. place for the first meeting of parties or
c. A question of fact, other than upon their counsel
the pleadings, arises in any stage of a 2. Notices shall be sent to parties or counsel
case or for carrying a judgment/order 3. Hearing is to be held within 10 days after
into effect. date of order of reference
4. If a party fails to appear, the
commissioner may: (Sec. 6)
REFERENCE BY CONSENT a. Proceed ex parte; or
b. Adjourn the proceedings to a future
The court may order any or all of the issues in a date giving notice to the absent party
case to be referred to a commissioner by written
consent of BOTH parties. (Rule 32, Sec. 1)
Commissioners are to be:
1. Agreed upon by the parties; or 1. When filed:
2. Appointed by the court a. Filed upon completion of the trial or
hearing or proceeding before the
REFERENCE ORDERED ON MOTION b. Filed with the court

When proper: 2. Contents:

1. When trial of an issue of fact requires a. Report in writing upon the matters
examination of long account submitted to him by the order of
2. When taking of an account is necessary reference
3. When question of fact, other than upon b. When his powers are not specified or
pleadings, arises upon motion or limited, he shall set forth his findings
otherwise, in any stage (Rule 32, Sec. 2) of fact and conclusions of law in his
Order of Reference: (Rule 32, Sec. 3) c. He shall attach all exhibits, affidavits,
1. When a reference is made, the clerk shall depositions, papers, and transcripts, if
furnish the commissioner with a copy of any, of testimonial evidence
the order of reference presented before him
2. Contents of the order:
a. It may specify or limit the powers of
b. It may direct him to report only upon Sec. 10 and 11)
particular issues; or to do or perform
particular acts; or to receive and Upon filing of the report of the commissioner:
report evidence only 1. Parties shall be notified by the clerk
c. It may fix the date for beginning and 2. Parties shall be allowed 10 days within
closing the hearings and for the filing which to object to the findings of the
of his report report

Powers of Commissioner: NOTE: Objections to the report based

1. Exercise power to regulate the upon grounds which were available to the
proceeding before him parties during the proceedings before the
commissioner shall not be considered by
the court UNLESS they were made before a. Adopting, modifying, or rejecting the
the commissioner report in whole or in part
b. Or recommitting it with instructions
Hearing on the Report: c. Or requiring the parties to present
1. When made: Upon expiration of the 10 further evidence before the
day period in Sec. 10 commissioner or the court
2. The report shall be then set forth in
3. After the hearing, the court shall issue an
order, either:
defendant’s evidence-
in-chief [Northwest
Airlines v. CA (1998)]
Definition - A species of MTD that may be Plaintiff's remedy
invoked based on insufficiency of evidence (i.e. would be to appeal.
upon the facts and the law the plaintiff has
shown no right to relief). [Rule 33, Sec. 1] However, if the order
granting the demurrer
It is invoked after the plaintiff has presented all is reversed on appeal,
the evidence available to him the defendant loses
his right to present
Judgment on Demurrer to Evidence – It is a evidence. [Rule 33,
judgment rendered by the court dismissing a Sec 1; Republic v.
case upon motion of defendant, made after xxx
Tuvera (2007)]
plaintiff has rested his case, on the ground that
upon the facts presented and the law on the The appellate court
matter, plaintiff has not shown any right to relief. should render
judgment on the basis
Distinctions of the evidence
submitted by the
DEMURRER TO plaintiff. [Radiowealth
EVIDENCE Finance v. Del Rosario
Presented before a (2000)]
It is presented after
responsive pleading is An interlocutory order
the plaintiff has rested
made by the and not appealable.
his case
defendant Equivalent to However, it may be
The ground is based It may be based on judgment (i.e. based the subject of a
on the insufficiency of any of those on the merits of the petition for certiorari
evidence enumerated in Rule 16 evidence presented for GAD under Rule 65
If the motion is If the motion to so far) [Katigbak v.
denied, the defendant dismiss is denied, the Sandiganbayan
may present his defendant may file his (2003)]
evidence responsive pleading
If the motion to
If the motion is
granted, the
complaint is dismissed
complaint is dismissed
and depending on the If the order granting the demurrer is reversed on
The plaintiff’s remedy
ground, the complaint appeal, the defendant loses his right to present
is to appeal
may be re-filed evidence. [Rule 33, Sec .1; Republic v. Tuvera


Grant of demurrer
The case shall be The defendant shall Movant shall have the Movant is deemed to
dismissed have the right to right to present his have waived his right
present evidence evidence to present evidence.
The decision of the
The court should set appellate court will be
the date for the based only on the
reception of the evidence of the
plaintiff as the complaint acquittal.
defendant loses his The judgment of
right to have the case dismissal is
remanded for appealable.
reception of his If plaintiff appeals and
evidence judgment is reversed
Denial is by the appellate
INTERLOCUTORY court, it will decide Judgment of acquittal
Order of the court is
Sec. 1, Rule 36 (that the case on the basis is NOT appealable.
judgment should state of plaintiff’s evidence Double jeopardy sets
clearly and distinctly with the consequence in.
Hence, the
the facts and the law that the defendant
requirement in Sec. 1,
on which it is based) already loses his right
Rule 36 should be
will NOT apply. to present evidence.
complied with
The denial is NOT There is no res
appealable judicata in dismissal
due to demurrer.
The plaintiff files a
The court may motu
proprio deny the
VERSUS CRIMINAL CASES motion to demurrer to
May be filed with or demurrer filed with
without leave of court. leave, accused may
Leave of court is present his evidence.
Defendant need not
necessary so that the If court denies the If court denies the
ask for leave of court
accused could present demurrer, defendant demurrer filed without
his evidence if will present his leave, accused can no
demurrer is denied evidence longer present his
If the court finds If the court finds the evidence and submits
plaintiff’s evidence prosecution’s evidence the case for decision
insufficient, it will insufficient, it will based on the
grant demurrer by grant demurrer by prosecution’s evidence
dismissing the rendering judgment of

ineffective. [Corpus v. Sandiganbayan
6. Judgment must state clearly the facts and

FINAL ORDERS the law upon which the decision is based,

signed by the judge and filed with the
clerk of court. [Rule 35, Sec. 1]


Definition - The final ruling by a court of 1. JUDGMENT ON COMPROMISE - It is one

competent jurisdiction regarding the rights and conferred on the basis of a compromise
obligations of the parties or other matters agreement entered into between the
submitted to it in an action/proceeding parties. It is immediately executory in the
[Macahilig v. Heirs of Magalit (2000)] absence of a motion to set aside on the
ground of FAME.
Requisites of a Valid Judgmen (Rule 36, Sec. 1;
Art. VIII, Sec. 14, 1987 Constitution) 2. JUDGMENT UPON CONFESSION - It is one
1. Court/tribunal must be with authority to rendered by the court when a party
hear and determine the matter before it; expressly agrees to the other party’s
2. Court must have jurisdiction over the claim or acknowledges the validity of the
parties and the subject matter; claim against him.
3. Parties must have been given an
opportunity to adduce evidence in their a. JUDGMENT BY COGNOVIT ACTIONEM –
behalf; After service, the defendant, instead
4. Evidence must have been considered by of entering a plea, acknowledged and
the tribunal in deciding the case; [Acosta confessed that the plaintiff’s cause of
v. COMELEC (1998)] action was just and rightful.
5. Judgment must be in writing, personally
and directly prepared by the judge. A b. JUDGMENT BY CONFESSION RELICTA
verbal judgment is, under the law, VERIFICATIONE – After pleading and
before trial, the defendant both: (a)
confessed the plaintiff’s cause of 10. MEMORANDUM DECISION - A decision of
action and (b) withdrew his plea or the appellate court which adopts the
other allegations, whereupon findings and conclusions of the TC.
judgment was entered against him a. A judgment is considered rendered
without proceeding to trial. upon the filing of the signed decision.
b. This includes an amended decision
3. JUDGMENT UPON THE MERITS - It is one because an amended decision is a
that is rendered after consideration of the distinct and separate judgment and
evidence submitted by the parties during must follow the established
the trial of the case. A judgment is “on procedural rule.
the merits” when it amounts to a legal
declaration of the respective rights and
duties of the parties, based upon the
disclosed facts


to clarify an ambiguous judgment or one
difficult to comply with.


“now for then”. It is a judgment intended
to enter into the record the acts which
had already been done, but which do not
appear in the records. [Lichauco v. Tan
Pho (1923)]

6. JUDGMENT SIN PERJUICIO - It may refer to

a dismissal of a case without prejudice to
it being re-filed.


effectivity of which depends upon the
occurrence or non-occurrence of an
event. Such a judgment is generally void
because of the absence of a disposition
[Cu-Unjieng v. Mabalacat Sugar Co.

8. SEVERAL JUDGMENT - It is one rendered

by a court against one or more
defendants and not against all of them,
leaving the action to proceed against the
others. [Rule 36, Sec. 4] It is proper when
the liability of each party is clearly
separate and distinct from his co-parties
such that the claims against each of them
could have been the subject of separate
suits, and the judgment for or against one
of them will not necessarily affect the

9. SEPARATE JUDGMENT - It is one rendered

disposing of a claim among several
others presented in a case, after a
determination of the issues material to a
particular claim and all counterclaims
arising out of the transaction or
occurrence that is the subject matter of
said claim. [Rule 36, Sec. 5] It is proper
when more than one claim for relief is
presented in an action for the
determination as to the issues material to
the claim has been made.
When trial is NOT necessary: Parts of a Judgment
1. The pleadings of the parties tender no 1. Body, Ratio decidendi, or Opinion of the
issue at all – judgment on the pleadings court – It contains the findings of facts
may be directed by the court [Rule 34] and conclusions of law;
2. There is actually no genuine issue from 2. Fallo, or Disposition of the case – It is the
the pleadings, affidavits, depositions and dispositive part of the judgment that
other papers – court may render a actually settles and declares the rights
summary judgment [Rule 35] and obligations of the parties, finally,
3. Parties entered into a compromise or an definitively, and authoritatively [Light Rail
amicable settlement either during the Transit Authority v. CA] (2004); The part
pre-trial or during the trial [Rule 18; Art. of the judgment that is subject to
2028 Civil Code] execution [Riano]
4. Complaint has been dismissed with 3. Signature of the judge
prejudice [Rule 16, Sec. 5; Rule 17, Sec.
3; Rule 7, Sec. 5 (last par.)] Distinction between Judgment and Opinion of
5. Case falls under the Rules on Summary the Court
Procedure 1. A judgment (or FALLO) must be
6. Agreed statement of facts [Rule 30, Sec. distinguished from an opinion.
6] 2. The latter is the informal expression of
the views of the court and cannot prevail
against its final order or decision.
3. While the two may be combined in one
instrument, the opinion forms no part of
the judgment.
4. So there is a distinction between the
findings and conclusions of a court and its
5. While they may constitute its decision
and amount to a rendition of a judgment
they are not the judgment itself.
6. They amount to nothing more than an
order for judgment, which, of course,
must be distinguished from the judgment.
[Freeman on Judgments, Vol. I, 5th
Edition, page 6, quoted in Casilan v.
Salcedo (1969)]

Conflict Between Dispositive Portion and Body of


Rule: Where there is a conflict between the fallo

and the body of the decision, the fallo controls.

Qualification: This rule applies only when the

dispositive part is definite, clear, and
unequivocal [Union Bank v. Pacific Equipment
Corporation (2008)]

Basis: The fallo is the final order. The opinion in

the body is merely a statement ordering nothing
[Poland Industrial Limited v. National
Development Company (2005)]
Judgment on the Pleadings is a judgment Summary Judgment is a judgment rendered by a
rendered by the court if the answer fails to court without trial if it is clear that there exists
tender an issue, or otherwise admits the material NO GENUINE ISSUE or controversy as to any
allegations of the adverse party’s pleading. It is material fact, EXCEPT as to the amount of
rendered without a trial, or even without a pre- damages
Genuine Issue - an issue of fact which calls for
It has been held that a motion for a judgment on the presentation of evidence as distinguished
the pleadings, were the answer admits all from an issue, which is a sham, fictitious,
material averments, is one that may be contrived, and patently unsubstantial so as not
considered ex parte because upon the particular to constitute a genuine issue for trial
facts thus presented and laid down before the
court, the plaintiff is entitled to a judgment (Dino PROCEDURE (Rule 35, Sec. 3)
v. Valencia), or motu proprio under Rule 18(2g)
(Luzon Dev. Bank v. Conquilla) 1. Movant files a motion for summary
judgment with supporting affidavits,
Grounds for Judgment on the Pleadings (Rule 34, depositions or admission
Sec. 1) 2. Service to the adverse party at least 10
1. The answer fails to tender an issue days the hearing
because of: 3. Adverse party may serve opposing
a. General denial of the material affidavits, depositions or admissions at
allegations of the complaint; least 3 days before the hearing
b. Insufficient denial of the material 4. Hearing – Court shall determine if a
allegations of the complaint; OR genuine issue as to any material fact
2. The answer admits material allegations of exists and if the movant is entitled to a
the adverse party’s pleading summary judgment as a matter of law
5. Court renders summary judgment
Judgment on the Pleadings is NOT proper in
actions for: NOTE: Damages must still be proven even
1. Declaration of Nullity of Marriage if not denied.
2. Annulment of marriage; and
3. Legal Separation Bases for Summary Judgment:
4. Unliquidated damages; claims for such 1. Affidavits made on personal knowledge;
damages must be alleged and proved 2. Depositions of the adverse or a 3rd party;
5. Admission refers only to allegations of (Rule 23)
fact and not conclusions of law 3. Admissions of the adverse party; (Rule
6. Insufficiency of facts; proper remedy is 26)
amendment 4. Answers to interrogatories. (Rule 25)

NOTE: If the complaint states no cause of action, WHO MAY FILE

a motion to dismiss should be filed and not a
motion for judgment on the pleadings.
Who may file the When

Claimant May file the motion only

after the answer has been
Defendant May file the motion any

NOTE: Filing of a motion for summary judgment

does not interrupt the running of the period for
filing an answer. Hence, the movant must also
file a Motion for Extension of Time to File Answer.

TEST: Whether or not the pleadings, affidavits

and exhibits in support of the motion are
sufficient to overcome the opposing papers and
to justify the finding that, as a matter of law,
there is no defense to the action or claim is
clearly meritorious (Estrada v. Consolocaion, et
the filing of the affidavits caused him
to incur, including attorney’s fees
WHEN THE CASE IS NOT FULLY b. Court may adjudge the offending
ADJUDICATED party or counsel guilty of contempt,
after hearing
Partial Summary Judgment - Applies when for
some reason there can be no full summary
judgment. Trial should deal only with the facts SUMMARY JUDGMENT
not yet specified or established.
Validity: Sec. 3, Rule 35 requires:
Nature – It is interlocutory in nature and is not a 1. That there must be NO genuine issue as
final and appealable judgment. (Guevarra v. CA) to any material fact, except for the
amount of damages; and
Duty of the Court (Rule 35, Sec. 4) 2. That the party presenting the motion for
1. Ascertain what material facts exist summary judgment must be entitled to a
without substantial controversy and what judgment as a matter of law
are actually and in good faith
controverted based on:
a. An examination of the pleadings and SUMMARY JUDGMENT v. JUDGMENT ON THE
b. Interrogation of the counsel
2. Make an order specifying the facts and THE
the extent of the amount of damages that PLEADINGS
appear without substantial controversy Based on the Based on the
pleadings, Based solely complaint and
3. Direct further proceedings as are just depositions, on the evidence, if
admissions, pleadings presentation
4. Conduct trial on the controverted facts and affidavits is required
accordingly Generally
available only
Effect - A partial summary judgment is not a final Available to
to the plaintiff,
judgment, but merely a pre-trial adjudication both plaintiff Available to
unless the
that said issues in the case shall be deemed and plaintiff
established for the trial of the case. [Guevarra v. defendant
presents a
CA (1983)] counterclaim
There is no
genuine issue The answer
AFFIDAVITS AND ATTACHMENTS between the fails to tender No issue as no
parties an issue or answer is filed
These are submitted to support the motion for i.e. There there is an by the
summary judgment. may be admission of defending
issues but material party
Form of affidavits and supporting papers (Rule these are allegations
35, Sec. 5) irrelevant
1. Made on personal knowledge 10-day notice 3-day notice 3-day notice
2. Shall set forth such facts as would be required required rule applies
admissible in evidence May be
3. Shall show affirmatively that the affiant is interlocutory
competent to testify to the matters stated On the merits On the merits
or on the
therein. merits
4. Sworn or certified true copies of all Available only
papers or parts thereof referred to in the Available in Available in
in actions to
affidavit shall be attached thereto OR any action any action
recover a
served therewith. except except
debt, or for a
annulment of annulment of
Affidavits in bad faith marriage, or marriage, or
sum of
1. Affidavits presented under this Rule which legal legal
money or for
appear to the court at any time as separation separation
presented in bad faith or solely for the cases cases
purpose of delay If filed by
2. Effects: plaintiff, it There is
a. Court shall order the offending party There is no
must be filed already an
or counsel to pay the other party – answer filed
at any time answer filed
amount of reasonable expenses which after an
If filed by
defendant, FORM OF JUDGMENT (Rule 36, Sec. 1)
may be filed 1. In writing
at any time 2. Personally and directly prepared by the
even before judge
there is 3. Stating clearly & distinctly the facts and
answer the law on which it is based
4. Signed by the judged
5. Filed with the clerk of court.


It is the filing of the judgment with the clerk of

court. It is not the pronouncement of the
judgment in open court that constitutes the
rendition. Even if the judgment has already been
put in writing and signed, it is still subject to
amendment if it has not yet been filed with the
clerk of court and before its filing does not yet
constitute the real judgment of the court. [Ago v.
CA (1962)]


1. All cases filed must be decided or
resolved by the Supreme Court within 24
months from the date of their submission
for decision.
2. Unless reduced by the SC, within 12
months for lower collegiate courts and
within 3 months for all other lower courts.

A case is deemed submitted for resolution upon

the filing of the last pleading, brief or
memorandum required by the Rules of Court or
by the court.

An extension of the period may be set by the SC

upon request by the judge concerned on account
of heavy caseload or by other reasonable excuse
[Arap v Mustafa (2002)]
ENTRY OF JUDGMENT AND FINAL 2. Signed by the clerk with a certification
ORDER that such judgment or final order has
become final and executory.

The entry of judgment refers to the physical act AMENDMENTS TO JUDGMENT

performed by the clerk of court in entering the
dispositive portion of the judgment in the book General Rule: Once a judgment becomes final
of entries of judgment after the same has and executory, such judgment can no longer be
become final and executory. [Riano] disturbed, altered, or modified

It is the filing of the signed decision with the Exceptions:

clerk of court, and not its pronouncement in 1. Clerical errors
open court that constitutes rendition of judgment 2. Nunc Pro Tunc entries
(Ago v. CA) 3. Void judgments - Final judgment can be
annulled on the ground of fraud or lack of
Promulgation refers to the process by which a jurisdiction or contrary to law (Panlilio v.
decision is published, officially announced, made Garcia)
known to the public or delivered to the clerk of 4. Whenever circumstances transpire after
court for filing, coupled with notice to the parties finality of the decision making its
or their counsel execution unjust and inequitable:
a. Cases where, because of supervening
events, it becomes imperative, in the
higher interest of justice, to direct its
Rendition of
Entry of judgment modification in order to harmonize the
disposition with the prevailing
circumstances (Seavan Carrier Inc. v.
Act of clerk of court in
GTI Sportswear Corp.)
entering the
b. Whenever it is necessary to
Filing of the judgment dispositive portion of
accomplish the aims of justice
with the clerk of court the judgment in the
(Pascual v. Tan)
book of entries of
Amended/clarified Supplemental
judgment decision
An entirely new
decision and
(Rule 36, Sec. 2) place of or extinguish
supersedes the
the original judgment
original judgment
When entered: If no appeal or motion for new
trial or reconsideration is filed within the time Court makes a
provided in the Rules, judgment or final order thorough study of the
shall forthwith be entered by the clerk in the original judgment and
book of entries of judgments renders the amended
Serves to add to the
and clarified
original judgment
Date of Finality: Date of finality is the date of judgment only after
entry. considering all the
factual and legal
Contents of the Records in the Book of Entries: issues
1. Dispositive part of the judgment or final


REMEDIES A motion for reconsideration under Rule 37 is

directed against a judgment or final order. It is
not the motion for reconsideration of
interlocutory order, which often precedes a
MOTION FOR RECONSIDERATION petition for certiorari under Rule 65. It does not
AND MOTION FOR NEW TRIAL apply to cases that fall under Summary
1. Motion for reconsideration GROUNDS: (Rule 37, Sec. 1)
2. Motion for new trial
3. Appeal Grounds for Motion for New Trial:
1. FAME – Fraud, accident, mistake, suspend the running of the reglementary
excusable negligence period.
a. Conditions: 2. It shall be made in writing, stating the
(1) Which ordinary prudence could not ground or grounds therefor
have guarded against; and 3. Written notice shall be served by movant
(2) By reason of which such aggrieved on the adverse party
party has probably been impaired
in his rights NOTE: Non-compliance with this
requirement would reduce the motion to
NOTE: Fraud must be extrinsic fraud a mere pro forma motion, which shall not
which means any fraudulent scheme toll the period for appeal.
executed by the prevailing party outside
of the trial against the losing party who Contents of a motion for new trial
because of such fraud is prevented from 1. If based on FAME, it shall be supported by
presenting his side of the case. an affidavit of merits

2. Newly discovered evidence NOTE: An affidavit of merits is one which

a. Requisites: recites the nature and character of FAME
(1) It must have been discovered after on which the motion is based and stating
the trial the movant’s good and substantial cause
(2) It could not have been discovered of action or defense and the evidence he
and produced at the trial even intends to present if granted
with the exercise of reasonable
diligence; and 2. If based on newly found evidence, it shall
(3) The evidence is of such weight be supported by:
that if admitted, would probably a. Affidavits of witnesses by whom such
alter the result of the action; and evidence is expected or given; or
(4) It must be material and not merely b. Duly authenticated documents which
collateral, cumulative, or are proposed to be introduced in
corroborative evidence

Grounds for Motion for Reconsideration: Contents of a motion for reconsideration

1. Damages awarded are excessive 1. Shall point out specifically the findings or
2. Evidence is insufficient to justify the conclusions of the judgment or final order
decision or final order which are not supported by evidence or
3. The decision or final order is contrary to which are contrary to law
law 2. Make express reference to testimonial or
documentary evidence or provisions of
WHEN TO FILE: law alleged to be contrary to such
findings or conclusions
An aggrieved party may file a motion for new
trial or reconsideration within the period for RESOLUTION OF MOTION AND COURT
taking an appeal. ACTION

The motions are filed with the court which Court action – The court may: (Rule 37, Sec. 3)
rendered the questioned judgment or final order. 1. Set aside the judgment or final order and
grant a new trial; or upon such terms as
The period for appeal is within 15 days after may be just
notice to the appellant of the judgment or final 2. Deny the motion
order appealed from. The 15-day period is 3. Amend such judgment or final order
deemed to commence upon receipt by the accordingly if:
counsel of record, which is considered notice to a. The court finds that excessive
the parties. Service upon the parties themselves damages have been awarded or that;
is prohibited and is not considered as official or
receipt of judgment. b. That the judgment or final order is
contrary to the evidence or law
Effect of Filing – The filing of a timely motion
interrupts the period to appeal. Resolution (Rule 37, Sec. 4) – he motion shall be
resolved within 30 days from submission
FORM AND CONTENTS (Rule 37, Sec. 2)
The 30-day period to resolve the motion is held
Form: to be mandatory [Gonzales v. Bantolo (2006)]
1. The motion must comply with the
provisions of Rule 15 otherwise it will not GRANT OF THE MOTION; EFFECT
be accepted for filing and/or will not
Grant of motion for reconsideration - The court to run again from receipt of the notice of the
may amend the judgment or final order movant of the order denying his motion (fresh 15
accordingly. The amended judgment is in the day period) (Phil. Commercial and Industrial
nature of a new judgment, which supersedes the Bank v. Ortiz)
original judgment.
Remedies if Motion is DENIED:
Grant of motion for new trial - The original 1. To appeal from the judgment or final
judgment shall be vacated, and the action shall order itself
stand for trial de novo. The recorded evidence 2. The order denying the motion may itself
upon the former trial shall be used at the new be assailed by a petition for certiorari
trial without retaking them (if they are material under Rule 65
and competent). 3. Rule 37, Sec. 9 says that an order
denying a motion for new trial or
Partial grant – Rule 37, Sec. 7 allows the court to reconsideration is NOT appealable
order a new trial or grant reconsideration as to a. NOTE HOWEVER: AM 07-7-12
such issues if severable without interfering with amended Sec. 1 of Rule 41 by
the judgment or final order upon the rest. deleting “An order denying a motion
for new trial or reconsideration” from
the non-appealable orders.
Effect of Denial of Motion – The judgment or final NEW TRIAL RECONSIDERATION
order shall stand as is Grounds: Grounds:
1. Fraud, 1. Damages
Single-Motion Rule (Rule 37, Sec. 5) – A party accident, awarded are
shall not be allowed to file a 2nd motion for mistake, or excessive
reconsideration. excusable 2. That evidence
- Follow the Omnibus Motion Rule negligence is insufficient to
2. Newly justify the
NOTE: While a 2nd motion for reconsideration is discovered decision or final
not allowed, a second motion for new trial is evidence order
authorized  Note the 3. That decision
- However, it must be based on a ground qualificatio or final order is
not existing nor available when the 1 st ns of each contrary to law
motion was made within the period Second motion from
allowed but excluding the time during Second motion may the same party is
which the first motion had been pending. be allowed so long as prohibited.
based on grounds not The prohibition applies
Fresh 15-Day Rule: The aggrieved party has a existing or available only to final orders or
“fresh period” of 15 DAYS within which to file his at the time the first judgments, hence it is
appeal. motion was made allowed in
interlocutory orders
If the motion is denied, the movant has a “fresh If the court finds that
period” of 15 days from receipt or notice of the If a new trial is excessive damages
order denying the motion for new trial or motion granted, original have been awarded or
for reconsideration within which to file an judgment or final that the judgment or
appeal. (Neypes v. CA, 2005) order is vacated. final order is contrary
The case stands for to the evidence or law,
NOTES: trial de novo and will it may amend such
1. This fresh period becomes significant only be tried anew judgment or final order
when a party opts to file a motion for new accordingly
trial or reconsideration Available even on Available against the
2. This rule does not refer to the period appeal but only on the judgments or final
within which to appeal from the order ground of newly orders or both the trial
denying the motion for reconsideration discovered evidence and appellate courts
but to the period within which to appeal Both are prohibited motions under Summary
from the judgment itself. Procedure
Filing of a proper motion for new trial interrupts
the running of the period of appeal which begins
APPEALS IN GENERAL 1. Not a natural right nor a part of due
NATURE OF APPEAL 2. It is merely a statutory right, and may be
exercised only in the manner and in
accordance with provisions of the law. It Not appealable
must comply with the requirements; except through a
failing to do so, the right to appeal is lost Appealable petition for
3. Once granted, appeals become part of certiorari under Rule
due process and should be liberally 65
applied in favor of the right to appeal Must clearly and
No need to comply
distinctly state the
with such a
law and the facts
on which it is based
An interlocutory order is one that does not finally
Rule 41, Sec. 1, as amended by AM 07-7-12-SC dispose of the case, and does not end the court's
(2007) provides: task of adjudicating the parties’ contentions and
1. Appeal may be taken from a judgment or determining their rights and liabilities as regards
final order that completely disposes of each other, but obviously indicates that other
the case, or of a particular matter therein things remain to be done. [BPI v. Lee (2012)]
when declared by the Rules to be
2. No appeal may be taken from: WHICH ARE NOT APPEALABLE
a. An order denying a petition for relief
or any similar motion seeking relief The aggrieved party may file a special civil
from judgment; action under Rule 65. (Rule 41, Sec. 1)
b. An interlocutory order;
c. An order disallowing or dismissing an
d. An order denying a motion to set 1. Ordinary appeal – Rule 40 and 41
aside a judgment by consent, a. Notice of appeal
confession or compromise on the b. Record on appeal
ground of fraud, mistake or duress, or 2. Petition for review – Rule 42
any other ground vitiating consent; 3. Petition for review on certiorari – Rule 45
e. An order of execution;
f. A judgment or final order for or PETITION FOR
against one or more of several parties ORDINARY PETITION FOR
or in separate claims, counterclaims, APPEAL REVIEW
cross-claims and third-party Appeal by
complaints, while the main case is Rule 42 Rule 45
writ of error
pending, unless the court allows an Case is Case decided Case decided
appeal therefrom; and decided by by RTC in the by the RTC,
g. An order dismissing an action without RTC in its exercise of its CA, CTA, and
prejudice. original appellate Sandiganbaya
jurisdiction jurisdiction n
NOTE: AM 07-7-12-SC removed from Petition for
the original list “an order denying a Appealed to Appealed to
review with
motion for new trial or the CA the SC
the CA
reconsideration.” File verified
File a verified
petition for
NOTE, HOWEVER: Rule 37, Sec. 9 petition for
review on
which states that no appeal can be review with
File notice of certiorari with
made from an order denying MR or CA.
appeal or the SC.
MNT. Pay docket
record of Pay docket
and lawful
appeal with and lawful
Only final judgments or orders can be appealed fees and P500
court of fees and P500
as distinguished from interlocutory judgments or as deposit for
origin and for costs.
orders which are not appealable. costs with the
give a copy Submit proof
to adverse of service of a
Furnish RTC
party copy to the
Final Order Interlocutory Order and adverse
lower court
party a copy of
and adverse
Disposes of the such
Does not dispose of party
matter in its Within 15 Within 15 days Within 15
a case completely
entirety, leaving days from from notice of days from
but leaves
nothing more to be notice of decision to be notice of
something more to
done but to enforce judgment for reviewed or judgment or
be decided upon.
execution notice of from denial of order of
appeal and the most
30 days for denial of MFR compelling
records on or MFNT reasons and
appeal in no case
longer than
15 days.
grant a 15
Limited to cognizable judgments/issues. day
15 days from notice extension.
The appellate court has no jurisdiction to review of the award, No further
a judgment which is immediately final and judgment, final extension Fresh
executory by express provision of law. [Republic order or resolution shall be period to
v. Bermudez-Lorino (2005)] or from date of last granted appeal
publication if except for from denial
Rationale: Appeal is merely a privilege conferred required by law OR the most MR or MNT
by law upon the litigants. from denial of MR compelling
or MNT reasons and
A party cannot change the theory on appeal. in no case
Only issues pleaded in the lower court and longer than
properly raised may be resolved by the appellate 15 days.
court. [Medina v. CA (1992)] RTC to SC
RTC to CA to SC
However, issues which are inferred from or CA to SC
necessarily connected with the issue properly 15 days from notice The SC may
raised and pleaded may be resolved by the Fresh
of judgment or final grant a 30
appellate court. [Espina v. CA (1992)] period to
order OR from day
denial of extension for
from denial
petitioner’s MR or justifiable
MNT. reasons.

EFFECT OF The fresh period rule shall apply to:

MR or MNT 1. Rule 40 governing appeals from the
MTC to RTC Municipal Trial Courts to the Regional Trial
By notice of appeal; No Interrupts Courts;
within 15 days from extensions period to 2. Rule 42 on petitions for review from the
notice of judgment allowed appeal Regional Trial Courts to the Court of
or final order Appeals;
By record of 3. Rule 43 on appeals from quasi-judicial
appeal; agencies to the Court of Appeals; and
within 30 days from 4. Rule 45 governing appeals by certiorari to
notice of judgment the Supreme Court. The new rule aims to
or final order regiment or make the appeal period
RTC to CA uniform, to be counted from receipt of the
By notice of appeal; order denying the motion for new trial,
Within 15 days No Interrupts motion for reconsideration (whether full
from notice of extensions period to or partial) or any final order or resolution.
judgment or final allowed appeal [Neypes v. CA, (2005)]
By record of Being procedural in nature, Neypes is
appeal; deemed to be applicable to actions pending
within 30 days from and undetermined at the time of its
notice of judgment effectivity and is thus retroactive in that
or final order sense and to that extent. [First Aqua Sugar v.
MTC to RTC to CA BPI (2007)]
15 days from notice The CA may Fresh
of the judgment or grant a 15 period to
final order OR from day appeal PERFECTION OF APPEAL
denial of MR or extension. from denial
MNT No further MR or MNT Perfection of an appeal in the manner and within
extension the period laid down by law is mandatory and
shall be jurisdictional. [Balgami v. CA (2004)]
except for Effect of Failure to Perfect Appeal
1. Defeats a party’s right to appeal. APPEAL FROM MUNICIPAL TRIAL
2. Precludes appellate court from acquiring COURTS TO THE REGIONAL TRIAL

Appeal decision of MTC by filing notice of appeal and pay within 1

15 days from perfection of appea

MTC clerk transmits record to RTC

Notice to parties that an appeal is being

from the decision of the MTC

Within 15 days from notice of appe

Appellant submits memorandum to th
Appellee files his own memorandum 15 days from receipt o

Court acts on the appeal

If uncontested, judgment is Any

the book
of by
filing a


It is taken to the RTC exercising jurisdiction over

the area to which the MTC pertains. (Rule 40,
Sec. 1)

WHEN TO APPEAL (Rule 40, Sec. 2)

1. If by notice of appeal, within 15 days after
notice to appellant of judgment or final
order appealed from
2. If record of appeal is required, within 30
days from notice of judgment or final
3. Period of appeal shall be interrupted by a
timely motion for new trial or

NOTE: The fresh 15 day period rule


HOW TO APPEAL (Rule 40, Sec. 3)

By Notice of Appeal
1. File a notice of appeal with the trial court
that rendered the judgment or final order
appealed from
2. The notice of appeal must indicate the
parties, the judgment or final order or
part thereof appealed from; the material
date showing timeliness of appeal
3. A copy served on the adverse party; and
4. Payment in full of docket fees and other
lawful fees
inconsistent with or may serve to supplement
By Record on Appeal the provisions of this Rule.
1. Record on appeal is required for the
following cases:
a. Special proceedings
b. In such other cases where multiple
appeals are allowed
2. Form and contents of the record on
appeal: (Rule 41, Sec. 6)
a. Within 15 days from perfection of
appeal, clerk of court or the branch
clerk of the lower court shall transmit
to the RTC:
(1) Original record or record on appeal
(2) Together with transcripts and
b. Clerk shall make a certification that
the documents are complete
c. Clerk shall also furnish the parties a
copy of his letter of transmittal of the
records to the appellate court
3. Copy is served on the adverse party
4. Payment in full of docket fees and other
lawful fees


Since appeals from inferior courts may now be

either by notice of appeal or record on appeal,
the rules on the perfection and the effect thereof
are the same. See Sec. 9, Rule 41


JURISDICTION (Rule 40, Sec. 8)

Two Scenarios:

1. If the MTC dismissed the case without

trial on the merits, the RTC may:
a. AFFIRM, if the ground of dismissal is
lack of jurisdiction over the subject
(1) If the RTC has jurisdiction, it shall
try the case on the merits as if the
case was originally filed therein

b. REVERSE, in which case, it shall

remand the case for further

2. If the case was tried on the merits by the

MTC without jurisdiction over the subject
a. The RTC shall NOT dismiss the case if
it has original jurisdiction
b. If it has original jurisdiction, the RTC
shall decide the case and admit
amended pleadings or additional


provisions of Rule 41 shall apply to appeals
provided for herein insofar as they are not
APPEAL FROM THE REGIONAL TRIAL 1. Full names of all the parties to the
COURTS (RULE 41) proceedings shall be stated in the
caption of the record on appeal
MODES OF APPEAL: There are three modes of 2. It shall include the judgment or final
appeal from judgments or final orders of the RTC: order from which the appeal is taken,
3. In chronological order, copies of only
1. ORDINARY APPEAL or appeal by writ of such pleadings, petitions, motions,
error, where judgment was rendered in a and all interlocutory orders as are
civil or criminal action by the RTC in the related to the appealed judgment or
exercise of its original jurisdiction final order
a. This mode of appeal, governed by 4. For the proper understanding of the
Rule 41, is taken to the CA on issue involved
questions of fact or mixed questions 5. Together with such data as will show
of fact and law that the appeal was perfected on time

2. PETITION FOR REVIEW, where judgment Approval of the Record on Appeal (Rule
was rendered by the RTC in the exercise 41, Sec. 7) – Upon filing of the record for
of its appellate jurisdiction approval and if no objection is filed by the
a. This mode of appeal, covered by Rule appellee within 5 days from receipt of a
42, is brought to the CA on question copy thereof, the trial court may:
of fact, of law, or mixed questions of 1. Approve it as presented; or
fact and law 2. Direct its amendment by the inclusion
of any omitted matters which are
appeal by certiorari to the SC
a. This mode of appeal, provided for by Joint Record on Appeal (Rule 41, Sec. 8) –
Rule 45, is brought to the SC from the Where both parties are appellants, they
decision of the RTC in the exercise of may file a joint record on appeal.
its original jurisdiction and only on
questions of law
PERIOD TO APPEAL (Rule 41, Sec. 2)
HOW ORDINARY APPEAL VIA RULE 41 IS 1. 15 days from notice of judgment or final
MADE: order appealed from
2. 30 days from notice of judgment or final
Appeal via Rule 41 presupposes that: order where a record on appeal is
1. The RTC rendered the judgment or final required
order in the civil action or special 3. 48 hours from notice of judgment or final
proceeding in the exercise of its ORIGINAL order appealed from in habeas corpus
jurisdiction; and cases
2. That the appeal is taken to the CA on:
a. Questions of fact or Reckoning point of reglementary period: Period
b. Mixed questions of fact and law for filing the appeal should be counted from the
date when the party’s counsel received a copy of
Notice of Appeal – Filed with the court which the judgment or final order
rendered the judgment or final order appealed
from. A copy is served on the adverse party. When a party is represented by a counsel,
(Rule 41, Sec. 5) service of process must be made on
counsel, not on party (Fajardo v. CA)
Contents of the Notice of Appeal:
1. Parties to the appeal Effect of Motions for New Trial and
2. Judgment or final order or part thereof Reconsideration – Originally, the period to
appealed from appeal is interrupted by a timely motion for new
3. The court to which the appeal is being trial and reconsideration. However, with the
taken; and Neypes doctrine, a party has a fresh 15-day
4. The material dates showing the period from a denial of the motion to perfect an
timeliness of the appeal appeal.

Record on Appeal – Done in special proceedings Extension of Period to Appeal

and other cases where multiple or separate
appeals are allowed. This is filed and served in Period to appeal may be extended but such
the same manner as notice of appeal. extension is addressed to the sound discretion of
the court (Socco v. Garcia)
Contents of the Record (Rule 41, Sec. 6)
The mere filing and pendency of motion for
extension to perfect appeal does not suspend
the running of the reglementary period (Bello et appealed from, the full amount of the appellate
al., v. Fernandez) court docket and other lawful fees. Proof of
payment of said fees shall be transmitted to the
appellate court together with the original record
PLEADINGS FILED (See Rule 44, Procedure in or the record on appeal.
the CA)
Payment of docket fees in full is mandatory and
Appellant’s Brief is a condition sine qua non for the perfection of
1. Filed within 45 days from receipt of notice an appeal.
of clerk that all evidence is attached to
record Perfection of Appeal (Rule 41, Sec. 9)
2. Follow the Efficient Use of Paper Rule, 1. If appeal is by notice of appeal – it is
one original properly marked and 2 copies deemed perfected as to him upon the
with annexes filing of the notice of appeal in due time
3. Attach proof of service to adverse party 2. If appeal is by record on appeal – it is
perfected as to him with respect to the
Grounds for dismissal with respect to subject matter thereof, upon approval of
appellant’s brief: the record on appeal filed in due time
1. Failure to file brief on time
2. Failure to make specific assignment of Effect of Perfected Appeal
errors in his brief 1. In appeals by notice of appeal:
a. Court loses jurisdiction over the case
Contents: upon perfection of appeal filed in due
1. Subject index time and expiration of the time to
2. Assignment of Errors appeal of the other parties
3. Statement of the Case b. NOTE: This rule applies individually
4. Statement of Facts and to each of the parties since the
5. Statement of Issues timeliness of their recourse for
6. Arguments appellate remedy depends on when
7. Relief they respectively received a copy of
8. Copy of judgment or final order the judgment or final order
appealed from
2. In appeals by record on appeal:
Appellee’s Brief: a. Court loses jurisdiction only over the
1. Filed within 45 days from receipt of subject matter thereof upon approval
appellant’s brief of the records on appeal filed in due
2. Manner of filing is similar to that in time and the expiration of the time to
appellant’s brief appeal of the other parties
b. NOTE: The effect is limited to the
Contents: subject matter only. Jurisdiction over
1. Subject index the case is still with the trial court
2. Statement of Facts and Counter-
Statement of Facts Residual Powers/Jurisdiction of the RTC – After
3. Arguments losing jurisdiction but prior to the transmittal of
the original record on appeal, the RTC may:
Appellant’s Reply Brief 1. Order execution pending appeal under
1. Filed within 20 days from receipt of Rule 39, Sec. 2 (motion for execution was
appellee’s brief filed before expiration of the period to
2. This is not mandatory as it is optional on appeal)
the part of the appellant 2. To issue orders for preservation of the
rights of the parties which do not involve
Extension of Time for Filing Briefs: matters litigated by appeal
1. General rule: Not allowed 3. To approve compromise prior to the
2. Exception: For good reasons and only if transmittal of the record
motion for extension is filed before 4. Permit appeal by an indigent
expiration of time sought to be extended 5. Allow withdrawal of the appeal

The concept of residual jurisdiction of the trial

PERFECTION OF APPEAL court is available at a stage in which the court is
normally deemed to have lost jurisdiction over
Payment of Docket Fees (Rule 41, Sec. 4) the case or the subject matter involved in the
appeal. There is no residual jurisdiction to speak
Within the period for taking an appeal, the of where no appeal or petition has even been
appellant shall pay to the clerk of the court filed (Fernandez v. CA).
which rendered the judgment or final order
Duty of Clerk Upon Perfection of Appeal (Rule 41, REGIONAL TRIAL COURTS TO THE
Sec. 10) Within 30 days after perfection of all
appeals, the RTC clerk shall:
1. Verify completeness of original record or
record on appeal and make certification Under this mode of appeal, it is NOT a matter of
as to its correctness right but is a matter of DISCRETION on the part
2. Verify completeness of records that will of the CA on whether or not to entertain the
be transmitted to appellate court appeal.
3. If found to be incomplete:
a. Take such measures as may be Appeal via Rule 42 is proper when one appeals
required to complete records from a decision of the RTC in the exercise of its
b. If efforts to complete records fail: APPELLATE jurisdiction.
(1) Indicate in his letter of transmittal
the exhibits or transcripts not Appeal under Rule 42 may be on either
included questions of fact or of law or on mixed questions
(2) Reasons for their transmittal of both
(3) Steps taken or that could be taken
to have them available
4. Transmit the records to appellate court HOW APPEAL IS TAKEN; PERIOD OF APPEAL
and furnish the parties with copies of his (Rule 42, Sec. 1)
letter of transmittal
If a party desires to appeal from a decision of
DISMISSAL OF APPEAL (Rule 41, Sec. 13) the RTC in its appellate jurisdiction:
1. File a VERIFIED petition for review with
When can the RTC dismiss the appeal? the CA
1. Prior to transmittal of original record to a. Within 15 days from notice of
appellate court; or decision, or
2. Prior to transmittal of record on appeal to b. Within 15 days from notice of denial
the appellate court of petitioner’s motion for new trial or
How done: By the court, motu proprio, or on 2. Pay the corresponding docket fee and
motion to dismiss appeal by a party other lawful fees and depositing P500 for
Grounds: 3. Furnish the RTC and adverse party a copy
1. Appeal was taken out of time of the petition
2. Non-payment of docket and other lawful
fees within the reglementary period Extension of period: - The CA may grant an
additional 15 days within which to file the
NOTE: The dismissal of the appeal in RTC petition for review
is limited only to these two grounds - Conditions:
1. There was a motion filed to this effect
2. Payment in full of docket fees and
other lawful fees as well as deposit for
3. To be done within the reglementary

No further extension may be granted

EXCEPT for the most compelling reason
and in no case to exceed 15 days.


FOR REVIEW (Rule 42, Sec. 5)

Form of the petition:

1. Original copy is filed intended for the
court, properly marked and 2 copies with
their annexes (Efficient Use of Paper
2. Accompanied by clearly legible duplicate
originals or true copies of judgments or
final orders of both lower courts certified
correct by the RTC clerk
3. Also with pleadings and other material 4. Copy of the comment served on
portions of record as would support the petitioner
allegations of the petition
Contents of Comment: The comment shall
Contents of the petition: 1. State whether or not he accepts the
1. Full names of the parties without statement of matters involved in the
impleading the lower courts or judges petition
thereof 2. Point out such insufficiencies or
2. Specific material dates showing inaccuracies as he believes exist in
timeliness of appeal petitioner’s statement of matters but
3. Concise statement of: without repetition
a. Matters involved 3. Reasons why the petition should not be
b. Issues raised given due course
c. Specification of errors of fact or law,
or both DUE COURSE (Rule 42, Sec. 6)
d. Reasons or arguments relied upon
4. A certificate of non-forum shopping must If upon the filing of the comment or such other
also be attached pleadings as the court may allow or require, or
after the expiration of the period for the filing
EFFECT OF FAILURE TO COMPLY WITH thereof without such comment or pleading
REQUIREMENTS (Rule 42, Sec. 3) having been submitted, the Court of Appeals
finds prima facie that the lower court has
Failure to comply with any of the following committed an error of fact or law that will
requirements shall be sufficient ground for warrant a reversal or modification of the
DISMISSAL appealed decision, it may accordingly give due
1. Payment of docket and other lawful fees course to the petition.

NOTE: In petitions for review under Rules PERFECTION OF APPEAL (Rule 42, Sec. 8)
42, 43, and 45, the docket fee is paid in
the appellate courts Appeal is deemed perfected as to PETITIONER
2. Deposit for costs 1. Timely filing of the petition
3. Proof of service of petition 2. Payment of docket and lawful fees
4. Contents of the documents, which should
accompany the petition Jurisdiction of the RTC
1. RTC loses jurisdiction upon:
ACTION ON PETITION (Rule 42, Sec. 4) a. Perfection of appeals filed in due time;
The CA may: b. Expiration of the time to appeal of
1. Require respondent to file a comment on other parties
the petition not a motion to dismiss 2. RTC may exercise residual jurisdiction
within 10 days from notice; or before the CA gives due course to the
2. Dismiss the petition if it finds the same to
be: General Rule: Perfected appeal stays the
a. Patently without merit challenged judgment or final order
b. Prosecuted manifestly for delay; or
c. The questions raised therein are too Exceptions:
unsubstantial to require consideration 1. Unless the CA, law, or Rules, provide
REMEMBER: Under this Rule, appeal is 2. Also in civil cases decided under the
discretionary on the CA which may give its due Rule on Summary Procedure; Stay of
course only when the petition shows prima facie judgment is not applicable here since
that the lower court has committed error. these are immediately executory


Form of Comment: If the petition is given due course

1. An original is filed, properly marked, 1. Case may be set for oral argument, or
together with 2 copies with their annexes 2. The parties may be required to submit
(Efficient Use of Paper Rule) memoranda within 15 days from notice
2. Accompanied by certified true copies of 3. Case shall be deemed submitted for
such material portions of the record decision upon filing of last pleading or
referred to therein memoranda
3. Together with other supporting papers


Appeals from awards, judgments, final orders or

resolution of or authorized by any quasi-judicial
agency (QJA) in the exercise of its quasi-judicial

A quasi-judicial agency or body is an organ of

government other than a court and other than a
legislature, which affects the rights of private
parties though either adjudication or rule-making

NOTE: A party adversely affected by a decision

or ruling of the CTA en banc may file with the SC
a verified petition for review on certiorari via
Rule 45 (Sec. 12, RA 9282 and AM 07-7-12-SC)

The CTA is no longer a quasi-judicial agency

under RA 9282, as of April 7, 2004.

QJAs covered by Rule 43:

1. Civil Service Commission
2. Securities and Exchange Commission
3. Office of the President
4. Land Registration Authority
5. Social Security Commission
6. Civil Aeronautics Board
7. Bureau of Patents Trademarks and
Technology Transfer
8. National Electrification Administration
9. Energy Regulatory Board
10. National Telecommunications Commission
11. Department of Agrarian Reform under RA
12. GSIS
13. Employees Compensation Commission
14. Agricultural Inventions Board
15. Insurance Commission
16. Philippine Atomic Energy Commission
17. Board of Investment
18. Construction Industry Arbitration
Commission, and
19. Voluntary arbitrators authorized by law

WHERE TO APPEAL (Rule 43, Sec. 3)

Appeal is taken to the CA on questions of fact, of

law, or mixed questions of fact and law.

PERIOD TO APPEAL (Rule 43, Sec. 4)

Period to appeal is 15 days from:

1. Notice of award, judgment, final order, or
resolution OR
2. Date of publication, if publication is
required by law for its effectivity, OR
3. Denial of petitioner’s MNT or MFR

Extension of Period: Additional 15 days only

1. Extension is granted upon motion for c. Questions raised are too unsubstantial
extension and payment of full docket to require consideration
fees, both within the reglementary period
2. No further extension is allowed except for
the most compelling reasons and in no FORM AND CONTENTS OF COMMENT (Rule
case shall exceed 15 days 43, Sec. 9)

HOW APPEAL IS TAKEN (Rule 43, Sec. 5) Form of comment:

1. A verified petition for review is filed with 1. Filed within 10 days from notice following
the CA following the Efficient Use of the Efficient Use of Paper Rule
Paper Rule 2. Accompanied by the following
a. Attach proof of service of a copy to documents:
the adverse party and to the court or a. Clearly legible certified true copies of
agency a quo such material portions of the record
2. Upon filing, pay the docket and lawful referred to therein
fees as well as a P500 deposit for costs b. And such other supporting documents
a. Payment is made to the CA clerk 3. Copy of Comment is served on petitioner
b. Exemption from payment may be with proof of such service filed with the
granted by the CA by filing a verified CA
motion for exemption; if denied,
party must pay within 15 days from Contents of Comment: The comment shall:
notice of denial 1. Point insufficiencies or inaccuracies in
petitioner’s statement of facts and issues
CONTENTS OF THE PETITION: (Rule 43, Sec. 2. State reasons why petition should be
6) denied or dismissed
1. Statement of full names of parties to the
case without impleading court or
agencies DUE COURSE (Rule 43, Sec. 10)
2. Concise statement of facts and issues
involved and grounds relied upon for CA may give due course if CA finds prima facie
review that court or agency has committed errors of
3. Accompanied by: fact or law that would warrant reversal or
a. Clearly legible duplicate original or a modification
certified true copy of award,
judgment, final order, or resolution If not, then the CA may dismiss the same.
appealed from
b. Certified true copies of such material
portions of record referred to in the TRANSMITTAL OF RECORDS (Rule 43, Sec. 11)
petition and other supporting papers
4. Certificate of non-forum shopping Within 15 days from notice that petition has
5. Statement of specific material dates been given due course, the CA may:
showing timeliness of appeal 1. Require court or agency concerned to
transmit original or legible certified true
copy of entire record of proceeding under
(Rule 43, Sec. 7) for failure to comply with the 2. Require or permit subsequent correction
following: or addition to record
1. Payment of docket and lawful fees
2. Deposit for costs
3. Proof of service of petition EFFECT OF APPEAL (Rule 43, Sec. 12)
4. Contents of petition
5. Documents which should accompany the General Rule: Appeal shall not stay the award,
petition judgment, final order or resolution sought to be

ACTION ON THE PETITION (Rule 43, Sec. 8) Exception: When the CA shall direct otherwise
upon such terms as it may deem just
The CA may:
1. Require respondent to file Comment
within 10 days from notice SUBMISSION FOR DECISION (Rule 43, Sec. 13)
2. Dismiss the petition if CA finds the same
to be: If petition is given due course, the CA may set
a. Patently without merit the case for oral argument or require parties to
b. Prosecuted manifestly for delay, or submit memoranda within 15 days from notice.
Upon filing of last pleading or memorandum 1. In criminal cases, ruling of Ombudsman
required, case is deemed submitted for decision. shall be elevated to the SC via Rule 65
2. In cases in which it is alleged that the
Ombudsman has acted with grave abuse
APPEAL FROM JUDGMENTS OR FINAL of discretion amounting to lack or excess
ORDERS OF THE CTA of jurisdiction, a special civil action of
certiorariunder Rule 65 may be filed with
A party adversely affected by a decision or ruling this Court to set aside the Ombudsman’s
of the CTA en banc may file with the Supreme order or resolution. [Nava v. NBI (2005)]
Court a verified petition for review on certiorari
pursuant to Rule 45. (Sec. 19, RA 1125 as

APPEAL FROM JUDGMENTS OR FINAL Rule 43, Sec. 2 states that Rule 42 shall not
ORDERS OF THE COMELEC apply to judgments or final orders issued under
the Labor Code.
Unless otherwise provided by law, or by any
specific provisions in these Rules, any decision, The law no longer provides for an appeal from
order or ruling of the Commission may be decisions of the LA or from the NLRC. Mode of
brought to the Supreme Court on certiorari by review from said decisions is the special civil
the aggrieved party within thirty (30) days from action for Certiorari under Rule 65 in the CA.
its promulgation. (Rule 37, Sec. 1, COMELEC
Rules of Procedure) NLRC judgments and final orders or resolutions
are now reviewable, in the first instance, by the
Decisions in appeals from courts of general or Court of Appeals on certiorari under Rule 65, but
limited jurisdiction in election cases relating to those of the Employees Compensation
the elections, returns, and qualifications of Commission should be brought to the Court of
municipal and barangay officials are not Appeals through a petition for review under this
appealable. (Rule 37, Sec. 2, COMELEC Rules of Rule. Also, appeals from the Office of the
Procedure) Ombudsman in administrative disciplinary cases
are now covered by this Rule. [Fabian v. Desierto
Decisions in pre-proclamation cases and (1998)]
petitions to deny due course to or cancel
certificates of candidacy, to declare a candidate
as nuisance candidate or to disqualify a
candidate, and to postpone or suspend elections
shall become final and executory after the lapse
of five (5) days from their promulgation, unless
restrained by the Supreme Court. (Rule 37, Sec.
3, COMELEC Rules of Procedure)



The following decisions are unappealable:

1. In administrative cases where respondent
is absolved of the charge
2. In case of conviction, where penalty
imposed is public censure or reprimand,
or suspension of not more than one
month or a fine equivalent to one month
salary (AO 7, Rule III, Sec. 7)

Jurisdiction of the CA
1. CA has jurisdiction over orders, directives,
and decisions of the Office of
Ombudsman in administrative disciplinary
cases only
2. It cannot review orders, directives,
decisions in criminal and non-
administrative cases

Jurisdiction of the SC
SUPREME COURT (RULE 45) The petition may include an application for a writ
of preliminary injunction or other provisional
remedies and shall raise only questions of law,
CERTIORARI AS A MODE OF APPEAL (RULE which must be distinctly set forth. The petitioner
45) AND CERTIORARI AS A SPECIAL CIVIL may seek the same provisional remedies by
ACTION (RULE 65) verified motion filed in the same action or
proceeding at any time during its pendency.
(Rule 45, Sec. 1, as amended by A.M. 07-7-12-
Rule 45 Rule 65
Petition raises the
issue as to whether
Based on questions of RTC, Sandiganbayan, CTA en banc, or CA renders a
the lower court acted
law which appellant decision
without or in excess of
desires the appellate
jurisdiction or with
court to resolve
grave abuse of
May be directed
against an
interlocutory order of
the court prior to
Involves review of
appeal from the
judgment, award or
judgment or where
final order on merits
there is no appeal or Any party files a petition for review on certiorari
any other plain, Within 15 days from notice
speedy, or adequate of final judgment or order of lower court
remedy or notice of denial of motion for reconsideration or new
May be filed not later
Must be made within than 60 days from
the reglementary notice of judgment,
period of appeal order or resolution
sought to be assailed
Does not stay the
Stays the judgment,
award, or order Appellant serves copies of petition on adverse parties
(unless a writ of And to the lower court,
appealed from
preliminary injunction And pay the corresponding docket fees
or TRO is issued)
The parties are the
Petitioner and aggrieved party
respondent are against the lower court
original parties to the or quasi-judicial
action agency as prevailing
A filing of a MR is a
Prior filing of MR not condition precedent,
required subject to certain SC may dismiss the petition or require appellee to
exceptions comment
Higher court exercises
original jurisdiction
Appellate court is in
under its power of
the exercise of
control and
appellate jurisdiction
supervision over
and power of review
proceedings of lower

A party desiring to appeal by certiorari from a

judgment, final order or resolution of the CA, the
Sandiganbayan, the CTA, the RTC or other
courts, whenever authorized by law, may file
with the Supreme Court a verified petition for
review on certiorari.
If given due course, parties may submit memoranda The SC is not a trier of facts, and is not to review
or calibrate the evidence on record. Moreover,
findings of facts of trial court, as affirmed on
appeal by the CA, are conclusive on the court
(Boston Bank of the Philippines v. Manalo)

It has to be emphasized that it is not the duty of

the SC to review, evaluate, and weigh the
probative value of the evidence adduced before
the lower courts (Frondarina v. Malazarte)

SC may affirm, reverse, or modify judgment of lower APPEAL FROM RTC TO SC UNDER RULE 45

To appeal under Rule 45, RTC must render

judgment in the exercise of its original

If the RTC is in exercise of its appellate

jurisdiction, proper remedy is to appeal to the CA
via Rule 42 even if only questions of law are
APPEAL If the other party had already taken an appeal to
the CA to question the RTC decision, the property
Appeals to the SC Can be taken from a judgment remedy of petitioner is simply ordinary appeal to
or final order or resolution of the CA, the CA as well (First Phil. International Bank v.
Sandiganbayan, CTA en banc, RTC or such other CA).
courts as may be authorized by law
Grave abuse of discretion is not an allowable
Only questions of law are allowed. Whether an ground under Rule 45 (Martires v. CA).
appeal involves only questions of law or both
questions of law and fact is best left to the
determination of an appellate court and not by APPEAL FROM CA IS ALWAYS BY RULE 45
the court which rendered the decision appealed
from (PNB v. Romillo, etc., et al.) Appeal under Rule 45 is the proper review of
decisions of the CA even in special civil actions.
Doubt or difference as Any alleged errors committed by it in the
to the truth or exercise of jurisdiction would be errors of
Doubt or controversy
falsehood of facts, or judgment which are reviewable by timely appeal
as to what the law is
as to probative value and not by special civil action of certiorari.
on certain facts
of the evidence
presented Rule 45 is clear that decisions, final orders, or
If the appellate court resolutions of the CA in any case, regardless of
can determine the the nature of the action or proceedings involved,
The determination may be appealed to the SC by filing a petition for
issue without
involves evaluation or review, which would but be a continuation of the
reviewing or
review of evidence appellate process over the original case.
evaluating the
calibration of the
whole evidence General Rule: The findings of fact of the CA are
considering mainly the final and conclusive and cannot be reviewed on
credibility of appeal to the SC
Can involve questions
witnesses, existence,
of interpretation of Exceptions: CA’s findings of fact may be
and relevancy of
law with respect to reviewed by the SC on appeal by certiorari when:
specific surrounding
certain set of facts 1. Conclusion is a finding grounded entirely
circumstances and
relation to each other on speculations, surmises or conjectures
and the whole [Joaquin v. Navarro (1953)].
probabilities of the 2. Inference made is manifestly mistaken,
situation absurd or impossible [Luna v. Linatok
3. There is grave abuse of discretion in the b. Adverse party = as Respondent
appreciation of facts [Buyco v. People c. Do not implead lower courts or judges
(1954)]. 2. Indicate material dates showing:
4. Judgment is based on a misapprehension a. When notice of judgment or final
of facts [De la Cruz v. Sosing (1953). order or resolution was received
5. The Court of Appeal’s findings of fact are b. When a motion for new trial or
conflicting [Casica v. Villaseca (1957)]. reconsideration, if any, was filed and
6. The Court of Appeals, in making its when a denial thereof was received
findings, went beyond the issues of the 3. Concise statement of:
case and the same is contrary to the a. The matters involved
admissions of both appellant and b. Reasons or arguments relied on
appellee [Nakpil & Sons v. CA (1986)]. 4. Accompanied by a clearly legible
7. The Court of Appeals manifestly duplicate original, or a certified true copy
overlooked certain relevant facts not of the judgment or final order or
disputed by the parties and which, if resolution certified by the clerk of court
properly considered, would justify a and court a quo
different conclusion [Abellana v. Dosdos 5. Certificate of non-forum shopping
8. The Court of Appeal’s findings of fact are
contrary to those of the trial court, or are GROUNDS FOR DENIAL OF PETITION (Rule
mere conclusions without citation of 45, Sec. 5)
specific evidence, or where the facts set 1. Failure of petitioner to comply with:
forth by the petitioner are not disputed by a. Payment of docket or other lawful fees
the respondent, or where the findings of b. Deposit for costs
fact of the Court of Appeals are premised c. Proof of Service; and
on absence of evidence but are d. Contents of and documents which
contradicted by the evidence of record would accompany the petition
[Manlapaz v. CA (1987)]. 2. Appeal is without merit
PERIOD OF APPEAL: (Rule 45, Sec. 2) 3. Is prosecuted manifestly for delay
4. That the questions raised are so
Time for Filing: 15 days from unsubstantial as to require consideration
1. Notice of judgment, final order, or
resolution appealed from, or NOTE: SC may dismiss the petition motu proprio
2. Notice of denial of motion for new trial or
reconsideration filed in due time after
notice of judgment REVIEW IS DISCRETIONARY (Rule 45, Sec. 6)

The Neypes doctrine is also applicable in Appeal to the SC is NOT a matter of right. It will
Rule 45. be granted only when there are special and
important reasons therefor.
Extension of Period: 30 days upon
1. Motion duly filed and served; and Some indications of the character of reasons
2. Payment of docket and lawful fees and which will be considered:
deposit for costs 1. When the court a quo has decided the
3. And for justifiable reasons question of substance, not theretofore
determined by the SC, or has decided it in
a way probably not in accord with law or
FORM OF PETITION with the applicable provisions of the SC;
1. The petition must be VERIFIED or
2. Following the Efficient Use of Paper Rule: 2. Court a quo has so far departed from
a. One original, properly marked, and 4 accepted and usual course of judicial
copies proceedings, or so far sanctioned such
b. If the case is referred to En Banc, 10 departure by a lower court, as to call for
additional copies is filed an exercise of power of supervision
3. Payment of docket and other lawful fees
and deposit of P500 for costs is made
with the SC Clerk at the time of filing ELEVATION OF RECORDS: (Rule 45, Sec. 8)
4. Proof of service of the petition to the
lower court and adverse party are If the petition is given due course, the Supreme
attached Court may require the elevation of the complete
record of the case or specified parts thereof
within fifteen (15) days from notice
1. State full names of the parties
a. Appealing party = as Petitioner
GROUNDS FOR DISMISSAL OF comply with orders, circulars, directives
APPEAL of the court without justifiable cause
9. Fact that the order or judgment appealed
DISMISSAL BY THE CA (RULE 50) from is not appealable

An appeal may be dismissed by the CA, on its Other Grounds

own motion, or on that of the appellee on certain 1. By agreement of the parties (i.e. amicable
grounds. settlement)
2. Where appealed case has become moot
Grounds for Dismissal as provided in Sec. 1, Rule or academic
50 3. Where appeal is frivolous or dilatory
1. Failure of record on appeal to show on its
face that appeal was taken within the
period fixed by Rules DISMISSAL BY THE SC (RULE 56)
2. Failure to file notice of appeal or record
on appeal within prescribed period The appeal may be dismissed motu proprio or on
3. Failure of appellant to pay docket and motion of the respondent on the following
other lawful fees as provided in Sec. 4, grounds:
Rule 41 1. Failure to appeal within reglementary
4. Unauthorized alterations, omissions, or period
additions in approved record on appeal as 2. Lack of merit of petition
provided in Sec. 4, Rule 44 3. Failure to pay docket and lawful fees and
5. Failure of appellant to serve and file deposit
required number of copies of his brief or 4. Failure to comply with requirements on
memorandum within time provided by proof of service, contents, and documents
Rules accompanying petition
6. Absence of specific assignment of errors 5. Failure to comply with circular, directive,
in the appellant’s brief, or of page or order of SC without justifiable cause
references to record as required in Sec. 6. Error in choice of mode of appeal
13, (a), (c), (d), (f), Rule 44 7. The case is not appealable to the SC
7. Failure of appellant to take necessary
steps for correction or completion of
record within time limited by the court in
its order
8. Failure of appellant to appear at
preliminary conference under Rule 48 or
Matter of Right; Filed with the court of origin Discretionary; No records are elevated unless the court decrees it
All records are elevated from court of origin Filed with the appellate court
Appeal from a decision of Appeals to the SC from a
Appeal from a judgment or
the RTC in the exercise of judgment or final order or
final order of a MTC
its original jurisdiction resolution of the CA,
Sandiganbayan, CTA en
banc, RTC (original
Appeals from awards,
jurisdiction) or such other
Appeal from a decision of judgments, final orders or
courts as may be
the RTC rendered in the resolution of or authorized
authorized by law
exercise of its appellate by any quasi-judicial
Rule 41 provisions shall apply to Rule 40 if not consistent Decisions, final orders, or
jurisdiction agency in the exercise of its
with Rule 40 provisions resolutions of the CA in any
quasi-judicial functions
case, regardless of the
nature of the action or
proceedings involved, may
be appealed to the SC by
filing a petition for review,
Filed with the MTC Filed with the RTC Filed with the CA Filed with the CA Filed with the SC
Appeal to the RTC Appeal to the CA Appeal to the CA Appeal to the CA Appeal to the SC
Questions of fact or mixed Questions of fact, Questions Questions of fact, Questions
Questions of fact or mixed
questions of fact and law of law, or Mixed questions of law, or Mixed questions Only Questions of Law
questions of fact and law
of both of fact and law
Within 15 days from:
1. Notice of award, Within 15 days from:
judgment, final 1. Notice of judgment,
Within 15 days from notice order, or resolution final order, or
of decision, or OR resolution appealed
Within 15 days after notice of judgment or final order
Within 15 days from notice 2. Date of publication, from, or
of denial of petitioner’s if publication is 2. Notice of denial of
motion for new trial or required by law for motion for new trial
Within 30 days from notice of judgment or final order by
reconsideration its effectivity, OR or reconsideration
filing a notice of appeal and a record on appeal
3. Denial of filed in due time
petitioner’s MNT or after notice of
MR (only one MR judgment
Rule 37 and Rule 38 are EXCLUSIVE remedies.
A party who has filed a timely motion for new trial and/or
Remedies AFTER finality of judgment reconsideration cannot file a petition for relief after his motion has been
1. Petition for relief (Rule 38) denied.
2. Action to Annul Judgment (Rule 47)
3. Collateral Attack of a Judgment that is Void on its Face A party who has filed a timely motion for new trial or motion for
reconsideration can no longer file a petition for relief from judgment
A petition for relief from judgment together with a motion for new trial after his motion has been denied. These remedies are mutually
and a motion for reconsideration are remedies available only to parties exclusive. It is only in appropriate cases where a party aggrieved by the
in the proceedings where the assailed judgment is rendered. In fact, it judgment has not been able to file a motion for new trial or motion for
has been held that a person who was never a party to the case, or even reconsideration that a petition for relief can be filed. (Francisco v. Puno,
summoned to appear therein, cannot avail of a petition for relief from 1981)
judgment (Alaban v. Cam)

NOTE: This is not applicable to the SC since it is not a trier of facts. WHEN PROPER

RULE 37 v. RULE 38 Rule 38 can be availed of once the judgment has become final and
Available BEFORE Available AFTER The relief provided for by Rule 38 is of equitable character and is only
judgment becomes judgment has become allowed in exceptional cases, that is where there is no other available or
final and executory final and executory adequate remedy. A petition for relief is not regarded with favor and
judgment will not be disturbed where the party complaining has or by
Applies to judgments,
Applies to judgments his exercising proper diligence would have had an adequate remedy at
final orders and other
or final orders only law, as where petitioner could have proceeded by appeal to vacate or
modify the default judgment. [Manila Electric v. CA (1990)]
Grounds: (1) FAME
and (2) Newly Ground: FAME
Under Sec. 1, it is also available when “any other proceeding is
discovered evidence
thereafter taken against the petitioner in any court through FAME”
Filed within 60 days
from knowledge of
Filed within the time Thus, it was held that a petition for relief is also applicable to a
judgment and within 6
to appeal proceeding taken after entry of judgment or final order such as an order
months from entry of
of execution (Cayetano v. Ceguerra) or an order dismissing an appeal
(Medran v. CA)
If denied, order
If denied, order of
denying a petition for
denial is not
relief is not
appealable; hence, WHERE FILED
appealable; remedy is
remedy is appeal from
appropriate civil action Rule 38 is not an independent action but a continuation of the old case.
under Rule 65 Hence, it is filed with the same court and same branch which decided
Legal remedy Equitable remedy the case.
Motion need not be Petition must be
4. When judgment was entered by mistake or was obtained by
GROUNDS: (Rule 38, Sec. 1 and 2) fraud; or
1. When judgment or final order is entered or any other proceeding 5. Other similar cases.
is thereafter taken against petitioner through FAME
2. When petitioner has been prevented from taking an appeal by

An order to answer shall issue only if petition is sufficient in form and

PERIOD FOR FILING: (Rule 38, Sec. 3) substance.
1. Within 60 days after petitioner learns of the judgment, final
order, or other proceeding to be set aside; AND If petition is sufficient in form and in substance, the court shall issue an
2. Not more than 6 months after such judgment or final order was order requiring the adverse party to answer within 15 days from receipt
entered, or such proceeding was taken thereof.

The two periods for the filing of a petition for relief are not extendible
and never interrupted. Both periods must be complied with. (Phil. PROCEEDINGS AFTER ANSWER IS FILED (Rule 38, Sec. 6)
Rabbit Bus Lines Inc. v. Ariaga)
After filing of answer or expiration of the period therefor, court shall
Reckoning points: hear the petition.
1. The 60-day period is reckoned from the time the party acquired
knowledge of the order, judgment or proceeding. Not from the If the court finds that the allegations are not true – Petition is dismissed.
date he actually read the same (Perez v. Araneta)
2. 6-months period is computed from the date of entry of the order If the court finds that allegations are true:
or judgment 1. It shall set aside the judgment, final order, or other proceeding
complained of upon such terms as may be just
2. Thereafter, case shall stand as if such had never been rendered,
1. The petition for relief must be verified 3. The court shall then proceed to hear and determine the case as
2. The petition must be accompanied by an affidavit showing the if timely motion for new trial or reconsideration has been
FAME relied upon; and granted by it
3. The affidavit of merit accompanying the petition must also show
the facts constituting the petitioner’s good and substantial cause
of action or defense as the case may be REMEDY FOR DENIAL OF PETITION FOR RELIEF.

The absence of an affidavit of merits is a fatal defect and warrant denial Appeal from an order denying a petition for relief is no longer available
of the petition (Fernandez v. Tan Tiong Tick) under the present rules.

However, it is not a fatal defect so long as the facts required to be set The remedy against a denial of a petition for relief is certiorari under
out also appear in the verified petition (Fabar Inc. v. Rodelas) Rule 65, when proper.

When Affidavit of Merit is not necessary:

1. When there is lack of jurisdiction over the defendant;
2. When there is lack of jurisdiction over the subject matter;
3. When judgment was taken by default;
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND has the discretion on required to consider it
RESOLUTIONS (RULE 47) whether or not to as an ordinary civil
entertain the petition action
Annulment of Judgment is a remedy in law independent of the case
where the judgment sought to be annulled was rendered and may be
availed of though the judgment has been executed. WHO CAN FILE

NATURE Petitioner need not be a party to the judgment sought to annulled.

The purpose of such action is to have the final and executory judgment A person who is not a party to the judgment may sue for its annulment
set aside so that there will be a renewal of litigation. provided that he can prove the same was obtained through fraud or
collusion and that he would be adversely affected thereby. (Alaban v.
Resorted to in cases where ordinary remedies of new trial, appeal, CA)
petition for relief, or other appropriate remedies are no longer available
through no fault of petitioner GROUNDS (Rule 47, Sec. 2)

It is not a mode of appeal but an Independent Civil Action. Annulment may be based only on TWO grounds:
1. Extrinsic Fraud
2. Lack of Jurisdiction
WHEN PROPER (Rule 47, Sec. 1)
Although Sec. 2 provides that annulment of judgment or order may be
It is available when the petitioner failed to move for new trial in, or based only on extrinsic fraud and lack of jurisdiction, jurisprudence
appeal from, or file a petition for relief against, or take other appropriate recognizes DENIAL OF DUE PROCESS as an additional ground (Sps.
remedies assailing the questioned judgment or final order or resolution Benatiro, et al. v. Heirs of Cuyos et al.) This was recognized in the 2013
through no fault attributable to him case of Leticia Diona, represented by her Attorney-in-fact, Marcelina
Diona v. Romeo Balangue, Sonny Balangue, Reynaldo Balangue, and
The remedy may no longer be invoked where the party has availed Esteban Balangue, Jr.
himself of the remedy of new trial, appeal, petition for relief, or other
appropriate remedy and lost or where he has failed to avail himself of Extrinsic or Collateral Fraud - Refers to any fraudulent act of the
those remedies through his fault or negligence prevailing party in the litigation which is committed outside of the trial
of the case, whereby the defeated party has been prevented from
exhibiting fully and fairly presenting his side of the case
Lack of Jurisdiction - Lack of jurisdiction refers to either lack of
JUDGMENTS, FINAL JUDGMENTS, FINAL jurisdiction over the person of the defending party or over the subject
ORDERS, OR ORDERS, OR matter of the claim, and in either case, the judgment or final order and
Filed with the CA Filed with the RTC NOTE: In a petition for annulment of judgment based on lack of
jurisdiction, petitioner must show an ABSOLUTE LACK of
CA has exclusive and RTC as a court of
jurisdiction not merely abuse of jurisdictional discretion.
original jurisdiction general jurisdiction
over said action under under Sec. 19(6) BP
As to Evidence
Sec. 9 (2) of BP 129 129
1. When the ground invoked is extrinsic fraud, extraneous evidence
The CA may dismiss The RTC has no such
is admitted
the case outright; it discretion, it is
2. However, when the ground is lack of jurisdiction, only evidence
found in the records of the case can justify nullity of judgment NOTE: Prima facie determination is not available in annulment of
judgments or final orders of MTCs before the RTC. (Rule 47, Sec. 10)


EXTRINSIC LACK OF Effect of annulment based on lack of jurisdiction

FRAUD JURISDICTION 1. The same shall be set aside and considered null and void
PERIOD 4 years from Before it is barred 2. Aggrieved party may refile the action in the proper court
OF discovery of by laches or a. This may involve a different court of competent jurisdiction
FILING fraud estoppel b. But where the reason for such annulment was because of
lack of jurisdiction over defendant, the action may be refilled
There must be a manifest showing with petition that it was filed within in the same original court provided it has proper jurisdiction
the 4-yr period. and venue

The rule does not fix the period to annul judgment based on lack of Effect of annulment based on extrinsic fraud
jurisdiction but recognizes the principle of estoppel as first laid down by 1. The same shall be set aside and considered null and void
Tijam v. Sibonghanoy. 2. On motion of the prevailing party on justifiable grounds, he may
be allowed to no longer refile the action
a. The trial court which rendered the questioned judgment shall
FORM AND CONTENTS OF PETITION (Rule 47, Sec. 3) be ordered to try the case anew
1. Verified petition, alleging therein:
a. With particularity, the facts and the law relied upon The prescriptive period for the refiling of the aforesaid original action
b. Petitioner’s good and substantial cause of action or defense shall be deemed suspended from the filing of said original action until
2. Filed following the Efficient Use of Paper Rule the finality of the judgment of annulment. However, the prescriptive
3. Certified true copy of the judgment or final order or resolution period shall not be suspended where the extrinsic fraud is attributable
shall be attached to the original copy of the petition to the plaintiff in the original action. (Rule 47, Sec. 8)
4. Affidavits of witnesses or documents supporting the cause of
action or defense; and
5. Certificate of non-forum shopping


There are two stages in the disposition of the petition:

1. A preliminary evaluation of the petition for prima facie merit
(Sec. 5)
 The rule allows the CA to dismiss the petition outright as in
special civil actions
 If prima facie merit is found, petition is given due course and
summons is served on respondent

2. If prima facie merit is found, petition is given due course and

issuance of summons as in ordinary civil cases is made (Sec. 6)
 Procedure in ordinary civil cases is observed
COLLATERAL ATTACK OF JUDGMENTS never become final and any writ of execution based on it is void.
[Polystyrene Manufacturing v. Privatization Management (2007)]

ON ATTACKING THE VALIDITY OF A JUDGMENT A void judgment may be likened to a lawless thing which can be treated
as an outlaw and slain at sight, or ignored wherever and whenever it
Direct Attack v. Collateral Attack: rears its head. [Banco Espanol-Filipino v. Palanca (1918)]
1. Direct attack upon a judgment is an action or proceeding to
annul it, this being the main object of the proceeding A judgment may be void for lack of due process of law. [Spouses
2. Collateral attack upon a judgment is one made to obtain relief Benatiro v. Heirs of Cuyos (2008))
other than the setting aside of the judgment, the attack on the
judgment itself being incidental
When Collateral Attack Proper: This is proper only when the judgment
on its face is null and void as where it is patent that the court which It may be assailed anytime, collaterally or in a direct action or by
rendered said judgment has no jurisdiction resisting such judgment or final order in any action or proceeding
whenever it is invoked, unless barred by laches. [Spouses Benatiro v.
The validity of a judgment or order of the court, which has become final Heirs of Cuyos (2008))
and executory, may be attacked in three ways:
1. Only by a direct action or proceeding to annul the same
 This proceeding is a direct attack against the order of REMEDIES
judgment because it is not incidental to, but is the main
object of, the proceeding If the reglementary period for appeal has not yet lapsed, some
 A direct action to annul and enjoin enforcement of the remedies are New Trial and Reconsideration. Appeal, Petition for Relief,
and Other Appropriate Remedies such as Certiorari may also be used.
judgment where the alleged defect is not apparent on its
face or from the recitals contained in the judgment
If the appropriate remedies are no longer available without the fault of
 See Rule 47
the petitioner, the equitable and extraordinary remedy of Petition for
Annulment of Judgment may be resorted to.
2. Or by direct action, as certiorari, or by collateral attack in case of
apparent nullity
When all else fails, there is jurisprudence to the effect that a patently
 The collateral attack must be against a challenged judgment void judgment may be dealt with by a Main Action for Injunction. [See
which is void upon its face or that the nullity of the judgment Barrameda v. Moir (1913)]
is apparent from its own recitals

3. Or by a Petition for Relief under Rule 38 JURISPRUDENTIAL BASIS

 This third manner of attacking must be taken in the same
action or proceeding in which the judgment or order was Remedial Law Jurisprudence such as Spouses Benatiro v. Heirs of Cuyos,
entered (2008) and Agustin v. Bacalan, (1985) on the matter of void judgment
particularly refer to Rule 47 as a remedy against a void judgment. This
remedy, however, should be availed of only when the appropriate
VOID JUDGMENT remedies are no longer available without fault on the part of the
A void judgment is no judgment at all. It cannot be the source of any
right nor the creator of any obligation. All acts performed pursuant to it Although Section 2 of Rule 47 of the Rules of Court provides that
and all claims emanating from it have no legal effect. Hence, it can annulment of a final judgment or order of an RTC may be based "only on
the grounds of extrinsic fraud and lack of jurisdiction," jurisprudence
recognizes denial of due process as additional ground therefore Assuming the judgment to have been void as alleged by the proponent
(Spouses Benatiro Case). of this motion, the proper remedy was by an original proceeding and
not by motion in the cause" [Banco Espanol v. Palanca (1918)]. A final
A void judgment is like an outlaw which may be slain at sight wherever judgment may be annulled on the ground of lack of jurisdiction, fraud,
or whenever it exhibits its head. The proper remedy in such case, after or that it is contrary to law. [Panlilio v. Garcia (1982)]
the time for appeal or review has passed, is for the aggrieved party to
bring an action to enjoin the judgment. (Montinola v. Judge Gonzales,

presented at the trial, declares categorically what the rights and
obligations of the parties are and which party is in the right; or a
judgment or order that dismisses an action on the ground, for instance,

SATISFACTION, AND of res judicata or prescription.

Once rendered, the task of the Court is ended, as far as deciding the
EFFECT OF JUDGMENTS controversy or determining the rights and liabilities of the litigants is
concerned. Nothing more remains to be done by the Court except to
await the parties' next move (which among others, may consist of the
filing of a motion for new trial or reconsideration, or the taking of an
appeal) and ultimately, of course, to cause the execution of the
DIFFERENCE BETWEEN FINALITY OF JUDGMENT FOR judgment once it becomes 'final or, to use the established and more
PURPOSES OF APPEAL; FOR PURPOSES OF distinctive term, 'final and executory.
Execution is a matter of right upon the expiration of the period to
The term “finality of judgment for purposes of appeal” refers to appeal and no appeal was perfected from a judgment or order that
interlocutory orders which: disposes of the action or proceeding. [Rule 39, Sec. 1]
1. Are not decisions within the constitutional definition [Armargo v.
CA (1973)]
2. are those that determine incidental matters that do not touch on It can be noted that the Supreme Court made a hairline distinction
the merits of the case or put an end to proceedings. The between finality of order for appeals and for execution. It is submitted
following are examples of an interlocutory order: that upon court’s issuance of a judgment touching upon the merits of a
a. An order denying a motion to dismiss; case, it is final for the purposes of an appeal, but NOT for execution.
b. An order granting an extension of time to file a pleading, or
one authorizing an amendment thereof; NOTE: Finality for the purposes of execution refers to the expiration of
c. Order granting or denying applications for postponement or the period to appeal and no appeal was perfected.
inspection of documents. [Riano]

The word interlocutory refers to something intervening between the WHEN EXECUTION SHALL ISSUE
commencement and the end of a suit which decides some point or
matter but is not a final decision of the whole controversy. [Ramiscal, Jr. Execution is a process provided by law for the enforcement of a final
v. Sandiganbayan (2004)] judgment. Enforcement is part of court’s jurisdiction. It is not an action
but is included in the phrase “Process in an action – part of the
A final judgment or order is one that finally disposes of a case, leaving proceedings considered as still pending.
nothing more to be done by the Court in respect thereto, e.g., an
adjudication on the merits which, on the basis of the evidence Cases where Execution may Issue even if judgment NOT Final:
1. Support pendente lite acquired only after filing of ejectment suit (Cordova v.
2. Judgments of inferior courts in ejectment cases Tornilla)
3. Execution pending appeal
4. Injunction, accounting, receivership, support (Rule 39, Sec. 4)
5. Decision of the RTC in appealed civil cases under Summary EXECUTION AS A MATTER OF RIGHT (Rule 39, Sec. 1)
Procedure, including forcible entry and unlawful detainer
6. Decision of the LA reinstating dismissed employee, insofar as The finality of judgment has the effect of entitling prevailing party to
reinstatement aspect is concerned execution as a matter of right. It is the ministerial duty of the court to
do execution. (Herrera)
Writ of Execution: A judicial writ issued to an officer authorizing him to
execute the judgment of the court. Execution as a matter of right, TWO INSTANCES:
1. No appeal has been perfected or period of appeal has expired
Dispositive Portion as Subject of Execution 2. Appeal has been perfected and finally resolved
1. General Rule: The dispositive portion of the decision is that part
that becomes the subject of execution How Done:
2. Exceptions:
a. Where there is ambiguity, the body of the opinion may be CASE HOW EXECUTION IS CARRIED
referred to for purposes of construing the judgment because If no appeal has Prevailing party applies by
the dispositive part of a decision must find support from been perfected, motion for a writ of execution
decision’s ratio decidendi or the period of which is granted by the judge
b. Where extensive and explicit discussion and settlement of appeal has since it is a matter of right
the issue is found in the body of the decision expired
Prevailing party:
Two Whom Issued: 1. Files a motion in the
1. General Rule: Only real parties in interest in an action are bound court of origin,
by judgment rendered therein and by the writs of execution 2. Submitting certified
2. Exceptions: There are certain cases where the writ may be true copies of the
issued against non-parties judgment or final
a. One who is privy to judgment debtor can be reached by an orders sought to be
order of execution and writ of demolition (Vda. De Medina v. enforced
Cruz) If appeal has
3. Submitting the entry
b. Issued against one who not being originally a party to the been perfected
case submits his interest to the court for consideration in the and finally
4. With notice to adverse
same case and invites adjudication regarding said interest resolved
(Jose v. Blue) Appellate court may also
c. Where non-parties voluntarily signed the compromise direct the court of origin to
agreement or voluntarily appeared before court (Rodriguez v. issue the writ of execution:
Alikpala) 1. Upon motion in the
d. Where the remedy of a person not a party to the case which same case AND
he did not avail of, was to intervene in the case in question 2. When the interest of
involving rights over the same parcel of land and said person justice so requires
in another case was adjudged buyer in bad faith thereof
(Lising v. Plan) General Rule: It is a matter of right on the part of the winning party
e. In an ejectment case, where 3rd party derived his right of when the judgment or order becomes executory. The court cannot
possession from defendant particularly when such right was refuse execution.
the court court
Exceptions: The issuance of a writ of execution which issues as a matter Upon showing of good Provided there are no
of right can be countered in any of the following cases reason for execution supervening events
1. ):
2. When a PETITION FOR RELIEF or an action to enjoin judgment is Under the Rule on Discretionary Execution (also called execution
filed and a preliminary injunction is prayed for and granted (Rule pending appeal), the court rendering the judgment, if it still has
38, Sec. 5); jurisdiction, may exercise discretion and order execution pending
3. When the judgment turns out to be INCOMPLETE OR IS appeal.
CONDITIONAL since as a matter of law, such judgment CANNOT
BE FINAL; It is the execution of a judgment or final order before it attains finality.
4. When the judgment has been NOVATED BY THE PARTIES The court which rendered the decision can grant an execution pending
5. When SUBSEQUENT FACTS AND CIRCUMSTANCES transpire as to appeal if it still retains jurisdiction over the case and is in possession of
render such execution unjust or impossible the records at the time of the filing of the motion; otherwise, the motion
6. On EQUITABLE GROUNDS as when there has been a change in shall be acted upon by the appellate court.
the situation of the parties which makes execution INEQUITABLE. To be valid, there should be a good reason to justify the execution of the
7. When the judgment becomes DORMANT, the 5-year period under judgment pending appeal, the same to be stated in the order granting
Rule 39.6 having expired without the judgment having been it.

NOTE: Execution may only issue upon motion with notice of hearing. Discretionary Execution is NOT applicable in the case of the Court of
Supervening Event Doctrine – A supervening event can be invoked for 1. The Rule on Discretionary Execution contemplates a situation
the modification or alteration of a final judgment. This refers to: where a judgment or final order rendered in the exercise of its
1. Facts which transpire after judgment has become final and original jurisdiction and the prevailing party in said decision
executory. Or seeks immediate execution during the pendency of an appeal.
2. New circumstances which developed after the judgment has 2. The CA has no authority to issue IMMEDIATE EXECUTION
3. Matters which the parties were not aware of prior to or during 3. Discretionary execution is allowed pending appeal of judgment
the trial as they were not yet in existence at that time or final order of the trial court upon good reasons to be stated in
4. The supervening facts or circumstances must either bear a direct a special order.
effect upon the matters already litigated and settled or create a
substantial change in the rights or relations of the parties therein A judgment of the CA cannot be executed pending appeal. (Heirs of
which render execution of the final judgment unjust or Justice JBL Reyes v. CA, 2000)
impossible (Lim v. Jabalde)

When Proper and How Done

1. Execution pending appeal – The duration of the court’s
DISCRETIONARY EXECUTION AS A discretionary power to order execution pending appeal depends
May issue before the a. Where the record on appeal is required,
Period to appeal has
lapse of period to (1) The court loses jurisdiction only over the subject matter
already lapsed and no
appeal, and even thereof upon approval of the record on appeal and
appeal is perfected
during appeal expiration of the time to appeal of the other party
Discretionary upon Ministerial duty of the
b. Where no record on appeal is required, court may issue writ 2. The award of actual damages is for an amount fixed and certain
of execution before perfection of appeal (Radio Communications Inc. v. Lantin). But not an award for
moral and exemplary damages
c. If the court lost jurisdiction, the writ may be issued by the 3. Insolvency of a defeated party (Hacienda Navarro v. Labrador)
appellate court, as such: 4. The prevailing party is of advanced age and in a precarious state
of health and the obligation in the judgment is non-
HOW EXECUTION IS transmissible, being for support (De Leon v. Soriano)
CARRIED 5. Where defendants were exhausting their income and have no
If the trial court Prevailing party: other property aside from proceeds of the property subject in
still has 1. Files a motion with litigation (Lao v. Mencias)
jurisdiction over notice to the adverse
the case and is party
still in possession 2. Motion is filed with The Supersedeas Bond
of either the the TRIAL court
original record or 3. Good reasons must Discretionary execution may be stayed upon approval by the proper
record on appeal be shown court of a sufficient supersedeas bond filed by the party against whom
The prevailing party: it is directed.
1. Files a motion with 1. It is conditioned upon the performance of the judgment or order
notice to adverse allowed to be executed in case it shall be finally sustained in
If the trial court party whole or in part
has lost 2. Motion is filed with 2. Bond may be proceeded against on motion with notice to surety
jurisdiction the APPELLATE
COURT General Rule: The filing of a supersedeas bond is sufficient to stay the
3. Good reasons must enforcement of a discretionary execution.
be shown
Exception: However, THE FILING OF SUPERSEDEAS BOND does not
2. Execution of several, separate, or partial judgments may also be entitle the judgment debtor to the suspension of execution as a MATTER
executed under the same terms and conditions as execution OF RIGHT. Where the needs of the prevailing party are URGENT, the
pending appeal. Court can order immediate execution despite such SUPERSEDEAS
BOND. [Regalado]
Requisites for Discretionary Execution:
1. There must be a motion filed by prevailing party with notice to If judgment is reversed totally or partially, or annulled – The trial court
adverse party may, on motion, issue such orders of restitution or reparation of
2. There must be a hearing of the motion for discretionary damages as equity and justice may warrant under the circumstances
3. There must be good reasons to justify the discretionary Remedy against Execution pending Appeal – The remedy is certiorari by
execution Rule 65. The appeal could not be an adequate remedy for such
4. These good reasons must be stated in a special order after due premature execution. (Jaca v. Davao Lumber Co.)

Examples of Good Reasons:

1. Where the goods subject of the judgment stand to perish or
deteriorate during the pendency of the appeal (Yasuda v. CA)
HOW JUDGMENT IS EXECUTED If it be against real or
personal property in
EXECUTION BY MOTION OR BY INDEPENDENT ACTION (Rule 39, the hands of personal To satisfy judgment
Sec. 6) representatives, heirs, with interest out of
devisees, legatees, such
Modes of Enforcement of Execution: tenants, or trustees of
judgment obligor
MODE WHEN ENFORCED To sell such property
Within 5 years from date of entry described
By Motion
of judgment If it be for sale of real
After the lapse of 5 years from Then apply proceeds in
or personal property
By date of entry and before it is conformity with
Independent barred by statute of limitations judgment
Action which is 10 years from date of
entry (Art. 1144(3)) To deliver possession
of the same, describing
NOTE: The revived judgment may be enforced by motion within 5 years it, to the party entitled
from date of its entry and thereafter by action before it is barred by thereto
statute of limitations.
Then to satisfy any
Once the judgment is revived, the 10-year prescriptive period costs, damages, rents,
If it be for delivery or
commences to run from the date of finality of the REVIVED JUDGMENT or profits covered by
possession of real or
and not the original judgment. the judgment
personal property
Out of the personal
Sec. 8)
In case of insufficiency,
Contents of the Writ of Execution then out of real
1. Issued in the name of the Republic from the court which granted property
the motion
2. States the name of the court, case number and title, dispositive Remedies Against a Writ of Execution
part of judgment or order
3. Requiring the sheriff or other proper officer to whom it is directed 1. If there is a defect in the writ, file a motion to quash the writ of
to enforce the writ according to its terms execution
4. In all cases, it shall also specifically state the amount of interest, a. Quashal is proper when:
cost, damages, rents, or profits due as well as the principal (1) A change in the situation of the parties renders execution
obligation inequitable
(2) Issued against wrong party
Manner of Execution (3) Issued without authority
(4) Improvidently issued
To satisfy judgment (5) Defective in substance
If it be against property plus interest out of his (6) Judgment already satisfied; and
of judgment obligor real or personal (7) The controversy was never submitted to the court
property (8) Where the writ varies the terms of the judgment
(9) It is sought to be enforced against property exempt from EXECUTION FOR JUDGMENTS OF MONEY
(10) Where there is ambiguity in the terms of the If the award is for payment of money, execution is enforced by: (Rule
judgment 39, Sec. 9)
1. Immediate payment on demand
b. If motion to quash is denied, appeal from said denial 2. Satisfaction by levy
3. Garnishment of debts and credits
2. An order granting the issuance of the writ is not appealable,
a. The order varies the terms of the judgment, or
b. Where, being vague, the court renders what is believed to be Procedure:
a wrong interpretation 1. The officer shall demand from judgment obligor the immediate
payment of the full amount stated in the writ and all lawful fees

2. The judgment obligor shall pay the amount of the judgment debt
a. Payable in Cash, Certified bank check payable to judgment
obligee, or any other form of payment acceptable to
judgment obligee
(1) In no case shall sheriff demand that any payment by
check be made payable to him
(2) Amount of judgment under proper receipt directly to the
judgment obligee or his authorized representative if
present at time of payment

b. If judgment oblige or his representative is present to receive

(1) Judgment obligor shall delver payment to executing
(2) Sheriff shall turn over the amounts within the same day
to the clerk which issued the writ or deposit the amounts
to a fiduciary account in the nearest government
depository bank of the RTC of the locality

3. The judgment obligor shall pay the lawful fees handed over to
the sheriff. Sheriff shall turn over the said amount within the
same day to the clerk that issued the writ

4. If there is any excess it shall be delivered to the judgment

obligor. Lawful fees shall be retained by the clerk

Levy is the act whereby a sheriff sets apart or appropriates for the Garnishment is considered as a species of attachment for reaching
purpose of satisfying the command of the writ, a part or the whole of credits belonging to the judgment debtor and owing to him from a
the judgment debtor’s property. stranger to the litigation

Levy means the act or acts by which an officer sets apart or The Officer may levy on:
appropriates a part or the whole of the property of the judgment debtor 1. Debts due the judgment obligor and other credits,
for purposes of the prospective execution sale [Llenares v. Vandevella 2. Including bank deposits, financial interests, royalties,
(1966)]. commissions,
3. And other personal property not capable of manual delivery in
If susceptible of appropriation, the officer removes and takes the possession and control of third parties
property for safekeeping; otherwise the same is placed under sheriff’s
guards. Without valid levy having been made, any sale of the property The process of levying shall be called garnishment if the property
thereafter is void. involved is money, stocks, or other incorporeal property in the HANDS
OF THIRD PERSONS. Garnishment merely sets apart such funds but
does not constitute the creditor as owner of the garnished property.
Conditions to be met before resort to satisfaction by levy:
1. If the judgment obligor cannot pay all or part of the obligation Garnishment is not a violation of RA 1405 on the secrecy of bank
then the officer shall levy upon the properties of the judgment deposits. [Chinabank v. Ortega (1973)]
2. Characteristics of properties to be levied Notes: Upon service of the writ of garnishment, the garnishee becomes
a. Properties of every kind and nature whatsoever a “virtual party” or “forced intervenor” to the case and the trial court
b. Which may be disposed of for value thereby acquires jurisdiction to bind the garnishee to comply with its
c. Not otherwise exempt from execution orders and processes. [BPI v. Lee (2012)]

Procedure: UP’s funds, being government funds, are not subject to garnishment.
1. The judgment obligor have the option to immediately choose Moreover, The execution of the monetary judgment against the UP was
which property or part thereof may be levied upon, sufficient to within the primary jurisdiction of the COA. [UP v. Dizon (2012)]
satisfy judgment
2. If judgment obligor does not exercise the option: 1. Levy shall be made by serving notice upon:
a. The officer shall first levy on personal properties, if any a. The person owing such debts, or
b. If personal properties are insufficient, then on the real b. Having in his possession or control such credits to which
properties judgment obligor is entitled

3. Sheriff shall sell only sufficient portion of personal or real 2. Garnishment to cover only such amount as will satisfy judgment
property of the judgment obligor levied upon and lawful fees

4. If there is more property than is sufficient to satisfy judgment 3. If there are 2 or more garnishees, holding deposits or credits
and lawful fees, then sell only so much as is sufficient sufficient to satisfy judgment, judgment obligor shall have the
right to indicate the garnishee/s who shall be required to deliver.
Otherwise, the choice shall be made by judgment obligee
4. The garnishee shall make a written report to the court within 5
days from service of notice of garnishment. The report shall
state whether:
a. Judgment obligor has sufficient funds or credits to satisfy EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS
judgment, OR
b. Judgment obligor has insufficient funds or credits to satisfy When proper: (Rule 39, Sec. 10)
judgment 1. Resorted to if the judgment directs a party to:
a. Execute a conveyance of land or personal property, or
5. Garnish the amount which may be in cash, or certified bank b. Deliver deeds or other documents, or
check issued in the name of judgment obligee c. Perform any other specific act in connection therewith.
2. AND the party fails to comply within the time specified
6. Garnished amount shall be delivered directly to judgment
obligee within 10 working days from service of notice on said Procedure:
garnishee requiring such delivery 1. Court may direct the act to be done
a. At the cost of disobedient party
7. Follow procedure under “Immediate Payment on Demand” with b. Or by some other person appointed by the court
respect to delivery
2. In case of directing conveyance of real or personal property
8. Lawful fees shall be paid directly to court located in the Philippines:
a. Court may divest the title of any party and vest it in others
by court order
b. This shall have the force and effect of conveyance executed
in due form

Sale of real or personal property

If judgment is rendered ordering the sale of real or personal property,

an order for execution shall be issued describing such property as may
be ordered sold, selling it, and applying the proceeds in conformity with
the judgment’s instructions.

Delivery or restitution of real property

The officer shall demand of the person against whom the judgment for
the delivery or restitution of real property is rendered and all persons
claiming rights under him to peaceably vacate the property within three
(3) working days, and restore possession thereof to the judgment

Otherwise, the officer shall oust all such persons therefrom with the
assistance, if necessary, of appropriate peace officers, and employing
such means as may be reasonably necessary to retake possession, and
place the judgment obligee in possession of such property.

Any costs, damages, rents or profits awarded by the judgment shall be

satisfied in the same manner as a judgment for money.
Removal of improvements on property subject of execution
When Proper: (Rule 39, Sec. 11)
When the property subject of the execution contains improvements
constructed or planted by the judgment obligor or his agent, the officer When a judgment requires performance of any other act than those
shall not destroy, demolish or remove said improvements except upon mentioned in Sec. 9 and 10.
special order of the court, issued upon motion of the judgment obligee
after the hearing and after the former has failed to remove the same Special Judgment is one which can only be complied with by the
within a reasonable time fixed by the court. judgment obligor because of his personal qualifications or
circumstances. It requires performance of an act other than payment of
Delivery of personal property money or sale or delivery of property. A special judgment may be
enforced by contempt if defendant refuses to comply
In judgment for the delivery of personal property, the officer shall take
possession of the same and forthwith deliver it to the party entitled
thereto and satisfy any judgment for money as therein provided. Procedure:
1. A writ of execution shall be issued. Attached to this is a certified
copy of the judgment

2. Service by the officer upon:

a. The party against whom the same is rendered, or
b. Any other person required thereby, or by law, to obey the

3. Failure of such party to obey the judgment is punishable by


1. A judgment in mandamus to reinstate petitioner as chief clinic of
the hospital (Vital-Gozon v. CA)
2. A judgment directing petitioner to vacate the land which is a
judgment to deliver possession of real property and not special
judgment. No contempt for refusal (Moslem v. Soriano)
3. A judgment directing defendant to remove a fence from a certain
place is a special judgment (Marquez v. Marquez)
The levy on execution shall create a lien in favor of the judgment General Rule: Except as otherwise expressly provided by law, the
obligee over the right, title and interest of the judgment obligor in such following property, and no other, shall be exempt from execution (Rule
property at the time of the levy, subject to liens and encumbrances 39, Sec. 13)
then existing. (Rule 39, Sec. 12) 1. The judgment obligor's family home as provided by law, or the
homestead in which he resides, and land necessarily used in
NOTE: The power of the court in execution extends only over properties connection therewith;
UNQUESTIONABLY belonging to judgment debtor.
2. Ordinary tools and implements personally used by him in his
trade, employment, or livelihood;

3. Three horses, or three cows, or three carabaos, or other beasts

of burden, such as the judgment obligor may select necessarily
used by him in his ordinary occupation;

4. His necessary clothing and articles for ordinary personal use,

excluding jewelry;

5. Household furniture and utensils necessary for housekeeping,

and used for that purpose by the judgment obligor and his
family, such as the judgment obligor may select, of a value not
exceeding one hundred thousand pesos;

6. Provisions for individual or family use sufficient for four months;

7. The professional libraries and equipment of judges, lawyers,

physicians, pharmacists, dentists, engineers, surveyors,
clergymen, teachers, and other professionals, not exceeding
three hundred thousand pesos in value;

8. One fishing boat and accessories not exceeding the total value
of one hundred thousand pesos owned by a fisherman and by
the lawful use of which he earns his livelihood;

9. So much of the salaries, wages, or earnings of the judgment

obligor for his personal services within the four months
preceding the levy as are necessary for the support of his family;

10. Lettered gravestones;

11. Monies, benefits, privileges, or annuities accruing or in any

manner growing out of any life insurance;
12. The right to receive legal support, or money or property obtained RETURN OF WRIT OF EXECUTION
as such support, or any pension or gratuity from the
Government; Procedure for Return of Writ of Execution if Judgment is Satisfied within
30 days (Rule 39, Sec. 14)
13. Properties specially exempted by law. (e.g., property mortgaged 1. Writ of execution shall be returnable to the court issuing it
to the DBP [Section 26, CA 458]; savings of national prisoners immediately after judgment has been satisfied in part or in full
deposited with the POSTAL SAVINGS BANK [Act 2489]; benefits
from private retirement systems of companies and 2. The return shall set forth the whole of the proceedings taken
establishments with limitations [RA 4917]; laborer’s wages
except for debts incurred for food, shelter, clothing and medical 3. Return is filed with the court
attendance [ART 1708, CIVIL CODE]; benefit payments from SSS
[Section 16, RA 1161 AS AMENDED]) 4. It shall also be reproduced and copies thereof furnished to
Exception: However, no article or species of property mentioned in this
section shall be exempt from: Procedure if Judgment is NOT satisfied within 30 days:
1. Execution issued upon a judgment recovered for its price, or 1. Officer shall report to the court stating the reason for non-
2. Upon a judgment of foreclosure of a mortgage thereon. satisfaction

The exemptions MUST BE CLAIMED, otherwise they are deemed waived. 2. The writ shall continue in effect during the period within which
It is not the duty of the sheriff to set off the exceptions on his own judgment may be enforced by motion
initiative. (Herrera v. Mcmicking, 1909)
3. Officer shall make a report to the court every 30 days on the
proceedings taken thereon, until either:
a. Judgment is satisfied in full, or
b. Its effectivity expires

4. The periodic reports shall:

a. Set forth the whole of the proceedings taken, and
b. Be filed with the court
c. Be reproduced and copies thereof furnished to parties

NOTE: The lifetime of a writ of execution is without limit for as long as

the judgment has not been satisfied.

But it is returnable to the court issuing it immediately after judgment

has been satisfied in full or in part.

The writ shall continue in effect during period within which the
judgment may be enforced by motion which is 5 years from date of
entry. After the first 5 years, judgment becomes dormant and subject to
revival action.
PERSON Effect of Third-Party Claim: When a third-party claim is filed, sheriff is
not bound to proceed with the levy of the property unless judgment
creditor or latter’s agent posts an indemnity bond against the claim.

Rule 39, Sec. 16 and other provisions which provide for a mode of SUMMARY HEARING BEFORE COURT AUTHORIZING EXECUTION
recovering property allegedly to have been wrongfully taken by sheriff
pursuant to a writ of execution or other process, refers to a STRANGER A third-person whose property was seized by a sheriff to answer for an
to an action. obligation of a judgment debtor may invoke the supervisory power of
the court which authorized such execution
Remedies of Third-Party Claimant:
1. Summary hearing before the court which authorized the Procedure:
execution 1. Claimant files application
2. “Terceria” or third-party claim filed with the sheriff (Rule 39, Sec.
16) 2. Court conducts summary hearing
3. Action for damages on the bond posted by the judgment creditor a. The court may command that the property be released from
4. Independent reivindicatory action the mistaken levy and restored to rightful owner or possessor
b. If claimant’s proofs do not persuade, the claim will be denied
The aforementioned are cumulative remedies and may be resorted to by the court
by a third-party claimant independently of or separately from and
without need of availing of the others. [Sy v. Discaya (1990)] 3. Note however that the court determination is limited
a. Limited only to a determination of whether the sheriff has
For a Third-Party Claim to be Sufficient: acted rightly or wrongly in performance of his duties
1. Must be filed by a person other than the defendant or his agent, b. The court does not and cannot pass upon the question of
at any time before sale title. It can treat of the matter only insofar as may be
2. Must be under oath or supported by affidavit stating the necessary to decide if sheriff acted correctly or not
claimant’s title to, or right of possession of, the property, and
grounds therefor
3. Must be served upon the officer making levy and a copy thereof TERCERIA
upon the judgment creditor
Independent of the foregoing, a third-party claimant may also avail of
The timing of the filing of the claim is important because it determines the remedy of Terceria. Terceria is provided in Sec. 16, Rule 39.
the remedies available to the claimant:
1. If the claim is filed under Rule 39, Sec. 16: This is an action for damages by claimant against officer within 120
a. Claimant may vindicate his claim in a separate action days from date of filing of bond for taking or keeping the property
b. Intervention is no longer allowed since judgment has already subject of the terceria
been rendered
2. If the claim is filed under Sec. 14, Rule 57 (Attachment) or under 1. Claimant serves on the officer making levy an affidavit of his title
Sec. 7, Rule 60 (Replevin) and a copy thereof to judgment creditor
a. Claimant may vindicate his claim by intervention as he has a
legal interest in the matter of litigation 2. Officer shall not be bound to keep property
b. Intervention is allowed as these actions are still pending in
a. Unless judgment creditor, or his agent, on demand of officer,
posts indemnity bond not lesser nor greater than value of 3. In such proper action, validity and sufficiency of title of claimant
property will be resolved.

3. Where a third-party claim has been filed in due form: 4. A writ of preliminary injunction against sheriff may be issued
a. Prevailing party can compel the sheriff to proceed by filing of
a bond to answer for damages as a consequence of the
b. If sheriff proceeds with the sale without such bond, he will be
personally liable for such damages as may be sustained by
and awarded to the claimant

4. Action against Indemnity

a. Action against indemnity bond must be filed within 120 days
from date of filing of the bond
b. After lapse of 120 days, no claim for damages for taking or
keeping of property may be enforced against the bond

The right of a third-party claimant to file a terceria is founded on his

title or right of possession. Corollary thereto, before the court can
exercise its supervisory power to direct the release of the property
mistakenly levied and the restoration thereof to its rightful owner, the
claimant must first unmistakably establish his ownership or right of
possession thereon. (Magdalena T. Villasi v. Filomena Garcia,
substituted by his heirs, namely, Ermelinda H. Garcia, et al, 2014)

In Spouses Sy v. Hon. Discaya (1990]), SC declared that for a third-party

claim or a terceria to prosper, the claimant must first sufficiently
establish his right on the property


The aforesaid remedies are nevertheless without prejudice to any

proper action that third-party claimant may file to vindicate his claim
over the property (ownership claim). This action is separate and

1. He must institute an action, distinct and separate from that
which the judgment is being enforced, with the court of
competent jurisdiction

2. No need to file a claim in the court which issued a writ. The latter
is not a condition sine qua non for the former.


1. For personal property – there is NO right of redemption as the By the Within 1 year from date of
sale is absolute JUDGMENT registration of certificate of
2. For real property – right of redemption is available DEBTOR sale
By FIRST Within 1 year from date of
WHO MAY REDEEM REAL PROPERTY SO SOLD (Rule 39, Sec. 27) REDEMPTIONE registration of certificate of
R sale
Who may redeem: Within 60 days from last
1. Judgment obligor, or his successor in interest, in the whole or redemption
any part of the property PROVIDED that judgment
2. Remptioner who is a creditor having a lien by virtue of an debtor has not exercised his
attachment, judgment or mortgage on the property sold, right of redemption
subsequent to the lien which the property was sold
In all cases, judgment debtor shall have the entire 1 year period from
Successors-in-interest - They include, among others, one to whom the date of registration of sale to redeem the property. If judgment debtor
debtor has conveyed HIS INTEREST in the property for purposes of redeems, no further redemption is allowed (Sec. 29).
NOTE: There is no extension or interruption of redemption period.
The Redemptioner

He is a creditor with a lien SUBSEQUENT to the judgment which was the REDEMPTION PRICE
basis of the execution sale.
1. By the Judgment Debtor or First Redemptioner:
Unlike the judgment debtor, a redemptioner must prove his right to a. Purchase PRICE
redeem by producing the documents required in Sec. 30, to wit: b. 1% INTEREST thereon up to time of redemption
1. Copy of the judgment or final order under which he claims the c. Any amount of ASSESSMENTS OR TAXES which purchaser
right to redeem certified by the clerk wherein judgment or final may have paid after purchase as well as interest on such last
order was entered OR named amount at the same rate
2. If he redeems upon a mortgage or other lien, a memorandum of d. If purchaser is also a creditor having a PRIOR LIEN to that of
the record thereof, certified by the Register of Deeds; OR redemptioner, other than the judgment under which such
3. An original or certified copy of any assignment necessary to purchase was made, the AMOUNT of such OTHER LIEN, also
establish his claim; OR with interest
4. An affidavit executed by him or his agent showing the amount
then actually due on the lien (Sec. 30) 2. By all Subsequent Redemptioners
a. AMOUNT paid on last redemption
If the lien of the creditor is PRIOR to the judgment under which the b. 2% INTEREST thereon
property was sold: c. Any amount of ASSESSMENTS OR TAXES which purchaser
1. He is not a redemptioner may have paid after purchase as well as interest on such last
2. He cannot redeem since his interests in his lien are fully named amount at the same rate
protected. Any purchaser at a public auction takes the same d. Amount of any LIENS held by said last redemptioner prior to
subject to such prior lien which he has to satisfy his own, also with interest
NOTE: The redemption price for subsequent redemption shall be the 6. Collect rents, earning and income derived from property until the
same, so the price becomes higher and higher. expiration of period of redemption

Sec. 29)
Judgment obligor shall have the entire period of ONE YEAR from date of
If Judgment debtor redeems the property: registration of sale to redeem the property
1. No further redemption is allowed
2. He is restored to his estate Entitlement to a CONVEYANCE and POSSESSION:
When a judgment debtor redeems the property, what is effected is the  If there is no redemption made within 1 year from date of
elimination of the lien created by the levy on attachment or judgment registration of the certificate of sale
on the registration of mortgage thereon. Note that he never lost 2. To the LAST REDEMPTIONER
ownership so there is no recovery of ownership.  If there was redemption, and 60 days have elapsed and no
other redemption has been made
Payments mentioned in Sec. 28 and 29 may be made to the:  Notice must have been given, and the redemption period has
1. Purchaser, or elapsed
2. Redemptioner, or
3. For him to the officer who made the sale Two Documents which the Sheriff Executes in case of Real Property
The person to whom redemption payment is made must execute and  After auction sale, he will execute in favor of the purchaser
the certificate of sale under Sec. 25
1. Acknowledged by a notary public or other officer authorized to
 From registration of said certificate, the one year redemption
take acknowledgements of conveyances of real property
2. Filed and recorded in the registry of deeds of the place which the period starts
property is situated  Certificate of sale after execution sale is merely a memorial
3. Registrar must note the record on the margin of the record of the of the fact of sale and does not operate as conveyance
certificate of sale
 Issued if after expiration of redemption period there is no
RIGHTS PENDING REDEMPTION (Rule 39, Sec. 31 and 32) redemption
 Operates to transfer to purchaser whatever rights the
Right of Judgment Creditor Pending Redemption judgment debtor had in the property
1. Apply for injunction to restrain the commission of waste on the  The effect of a final deed of sale transfers the right as of the
property time of the levy

Rightsof the Judgment Debtor Pending Redemption

1. Remain in possession of the property RECOVERY OF PRICE IF SALE IS NOT EFFECTIVE (Rule 39, Sec. 34)
2. Cannot be ejected
3. Use the property in the same manner it was previously used Purchaser may recover the purchase price WHEN:
4. Make necessary repairs to buildings thereon while he occupies 1. Purchaser or his successor-in-interest fails to recover possession
the property the property; or
5. Use it in the ordinary course of husbandry (Sec. 31); and 2. Evicted due to:
a. Irregularities in the proceedings concerning the sale; or
b. Judgment has been reversed or set aside; or
c. The property sold was exempt form execution; or 3. SEC. 37 – If after examination, court finds property of the
d. A third person has vindicated his claim to the property judgment debtor, either in his own hands or that of any a
person, court may order the property applied to the satisfaction
Remedies of the Purchaser of judgment
1. File a motion in the same action or file a separate action to a. SEC. 39 - Note that the person indebted to judgment obligor
recover from judgment creditor the price paid may pay to the sheriff holding the writ the amount of his
2. File a motion for revival of judgment in his name against debt or so much thereof as may be necessary to satisfy the
judgment debtor; or judgment
3. Bring an action to recover possession of property
4. SEC. 38 – A party or other person may be compelled to attend
Effect of revived judgment – it has the same force and effect as an before the court or commissioner to testify as provided in Sec.
original judgment would have as of the date of revival and no more 36 and 37
a. This must be done by order of the court or by subpoena
b. Failure to obey: Contempt
REMEDIES OF JUDGMENT CREDITOR IN AID OF EXECUTION OR IF c. All examinations and answers must be under oath
5. SEC. 40 – Order for application of property and income to
1. SEC. 36 – If execution is returned unsatisfied, he may cause satisfaction of judgment
examination of the judgment debtor as to his property and a. Court may order any property of judgment debtor, or any
income money due him, or in the hands of another to be applied to
a. When: At any time after return is made the satisfaction of judgment
b. The court issues an order requiring the judgment debtor to b. If the court finds the earning of the judgment debtor for his
appear and be examined personal services are MORE than sufficient for his family’s
c. Limitations on examination: needs, it may order payment in FIXED MONTHLY
(1) Judgment debtor cannot be made to appear before a INSTALLMENTS
judge or commissioner outside the province where debtor c. Failure to do so: Punish for contempt
(2) He may no longer be examined after lapse of 5 years 6. SEC. 41 – Appointment of a Receiver
within which a judgment may be enforced by motion for a. Court may appoint a receiver for the property of judgment
execution (Umali v. Coquia) debtor not exempt from execution
b. Court may also forbid disposition or interference with the
2. SEC. 37 – He may cause examination of the debtor of the property
judgment debtor as to any debt owed by him or to any property
of the judgment debtor in his possession 7. SEC. 42 – Sale of Ascertainable Interest of Judgment Obligor in
a. Requisites: Real Estate by Receiver
(1) The writ must be returned unsatisfied; and a. Requisites:
(2) Proof that person, corporation, or other legal entity has (1) The court finds that the judgment debtor has an
property of such judgment debtor or is indebted to him ascertainable interest in real property
b. Where? Before a judge or commissioner appointed by him at (2) Such interest can be ascertained without controversy
a time and place where such debtor resides or is found b. If the requisites are met, the court can order the sale of such
c. Effect: Service of order shall bind all credits due to judgment interest. Procedure is the same as in sale of real estate upon
debtor and all money and property execution
d. This rule is not applicable if there is no issue concerning the
indebtedness of the person 8. SEC. 43 – Institution of an action to recover property
a. If person alleged to have property of judgment debtor or EFFECT OF JUDGMENT OR FINAL ORDERS
person indebted to him, claims an adverse interest in the
property or denies his debt Rule 39, Sec. 47 refers to judgments which are considered as conclusive
b. Court may authorize judgment creditor to bring an action to and may be rebutted directly by means of relief from judgment or
recover the property, forbid its transfer annulment of judgment or indirectly by offering them in evidence under
c. Action must be instituted within 120 days from notice of the parole evidence rule.
d. Failure is contempt Immutability of Judgments - Once a judgment attains finality it thereby
e. Such order may be modified or vacated at any time by the becomes immutable and unalterable


1. Bar by Former Judgment - Direct Estoppel by Judgment; covers

paragraph (a) and (b)
2. Conclusiveness of Judgment –Estoppel by Verdict, Estoppel by
Record, Collateral Estoppel by Judgment or Preclusion of Issues
or Rule of Auter Action Pendant; it covers paragraph (c)


There is only identity
There is identity of
of parties and subject
parties, subject
matter, and causes of
Cause of action are
The first judgment is
The first judgment
conclusiveness only as
constitutes as an
to matters directly
absolute bar to all
adjudged and actually
matters directly
litigated in the first
adjudged and those
that might have been
The second action can
be prosecuted
Preclusion of issues
Preclusion of claims


Res judicata is a rule that a final judgment rendered by a court of

competent jurisdiction on the merits is conclusive as to the rights of the
parties and their privies, and, as to them, constitutes an absolute bar to
a subsequent action involving the same claim, demand, or causes of
Against a specific thing Title of the thing
IN REM IN PERSONAM The will or administration.
(Paragrah A) (Paragraph B) However, the probate of a will or
Probate of a will or administration
The judgment or final granting of letters of
of the estate of a deceased
Decision is order is CONCLUSIVE administration shall only be
CONCLUSIVE upon as between parties prima facie evidence of the death
title the thing, will or and their successors in of the testator or intestate;
administration of interest, litigating for in respect to the personal,
condition, status or the same thing and political, or legal condition or Condition, status or relationship
relationship of the under the same title status of a particular person or of the person,
person an in the same his relationship to another
e.g. accion Res Judicata in Judgments in Personam
e.g. land registration
In other cases, the judgment or final order is, with respect to the matter
Bar by prior judgment is a preclusion of claims - The first judgment is a directly adjudged or as to any other matter that could have been
bar to the prosecution of a second action upon the same claim, missed in relation thereto, conclusive:
demand, or cause of action 1. Between the parties and
2. Their successors in interest, by title subsequent to the
Requisites: commencement of the action or special proceeding, litigating for
1. A FINAL judgment or order the same thing and under the same title and in the same
2. JURISDICTION over the subject matter and the parties by the capacity.
court rendering it
3. Judgment UPON MERITS
b. IDENTITY OF SUBJECT MATTER Preclusion of issues (auter action pendant)
In any other litigation between the same parties or their successors in
General Rule: For res judicata to apply, trial must be made on the merits interest, that only is deemed to have been adjudged in a former
of the case. judgment or final order which appears upon its face to have been so
adjudged, or which was actually and necessarily included therein or
Exception: Section 3, Rule 17 of ROC: If plaintiff fails to appear at the necessary thereto.
time of the trial , or to prosecute his action for an unreasonable length
of time, or to comply with these rules or any order of the court, the Issue Preclusion – The first judgment precludes the re-litigation of a
action may be dismissed upon motion of the defendant or upon the particular fact or issue in another action between the same parties on a
court's own motion . This dismissal shall have the effect of an different cause of action.
adjudication upon the merits , unless otherwise provided by court.
[Development Bank v. CA] Requisite: Identity of ISSUES

Res Judicata in Judgments in Rem


Judgments or final order Conclusive as to

Stare Decisis - When the SC has laid down a principle of law applicable EFFECT OF FOREIGN JUDGMENTS OR FINAL ORDERS
to a certain state of facts, it will adhere to that principle and apply to it
all future cases where the facts are substantially the same
Doctrine of the Law of the Case - Whatever is once irrevocably
established as the controlling legal rule or decision between the same A judgment by a foreign court is enforceable only within its territorial
parties in the case continues to be the law of the case whether correct jurisdiction.
on general principles or not, so long as the facts on which such decision
was predicated continue to be the facts of the case before the court. A valid judgment rendered by a foreign tribunal may be recognized
insofar as the immediate parties the underlying cause of action are
As discussed in Ayala Corp. v. Rosa-Diana Realty, 2000: concerned so long as it is convincingly shown that:
1. There has been an opportunity for a fair hearing before a court
Res Judicata “Law of the Case” Stare Decisis of competent jurisdiction
Operates only in the 2. Trial upon registered proceedings has been conducted
The ruling in one
particular and single 3. There is nothing to indicate either a prejudice in court and in the
case is carried over
case where the ruling system of laws under which it is sitting or fraud in procuring the
to another case
arises and is not judgment [Philippine Aluminum v. Fasgi Enterprises (2000)]
between the same
carried into other
cases as a precedent Such limitation on the review of foreign judgment is adopted in all legal
Once a point of law systems to avoid repetitive litigation on claims and issues, prevent
has been established harassment of the parties and avoid undue imposition on the courts.
The ruling adhered to by the court, that
in the particular case point of law will, This policy of preclusion rests on principles of comity, utility and
need not be followed generally, be followed convenience of nations.
as a precedent in by the same court and
subsequent litigation by all courts of lower As a generally accepted principle of international law, it is part of the
between other parties rank in subsequent law of the Philippines by virtue of the Incorporation Clause [Section 2,
cases where the same Article II of the 1987 Constitution] [Regalado]
legal issue is raised
Two Ways of Giving Effect to Foreign Judgment:
1. An ordinary action to enforce the foreign judgment may be filed
in court; or
2. It may be pleaded in an Answer or a Motion to Dismiss.


Judgment is
In judgments against a
specific thing (in rem)
title to the thing
In judgments against a Judgment is
person (in personam) PRESUMPTIVE evidence
of a right as between
parties and their
successors-in-interest A foreign judgment is presumed to be valid and binding in the country
by a subsequent title from which it comes, until a contrary showing, on the basis of a
presumption of regularity of proceedings and the giving of due notice in
In both cases, judgment may be repelled by evidence of: the foreign forum.
1. Want of jurisdiction
2. Want of notice Before our courts can give the effect of res judicata to a foreign
3. Collusion judgment, it must be shown that the parties opposed to the judgment
4. Fraud had been given ample opportunity to do so on grounds under Section
5. Clear mistake of law or fact 48 of Rule 39 of the Rules of Court. [Roehr v. Rodriguez (2003)]


The court which grants or issues a provisional remedy is the court which
NATURE OF PROVISIONAL REMEDIES has jurisdiction over the main action.

Provisional remedies are writs and processes available during the Inferior courts may also grant all appropriate provisional remedies in an
pendency of the action which may be resorted to by a litigant for the action pending with it and is within its jurisdiction (Sec. 33, (1), BP 129)
preservation or protection of their rights and interests therein pending
rendition, and for purposes of the ultimate effects, of a final judgment in
the case; also known as ancillary or auxiliary remedies.

They are applied to a pending litigation, for the purpose of securing the
judgment or preserving the status quo, and in some cases after
judgment, for the purpose of preserving or disposing of the subject
matter. [Calo v. Roldan (1946)]

Orders granting or denying provisional remedies are merely

interlocutory and cannot be the subject of an appeal. They may
however be challenged before a superior court through a petition for
certiorari under Rule 65.

The Provisional Remedies under the Rules of Court

1. Preliminary Attachment (Rule 57)
2. Preliminary Injunction (Rule 58)
3. Receivership (Rule 59)
4. Replevin (Rule 60)
5. Support Pendente Lite (Rule 61)

NOTE: The enumeration above is not exclusive. The court may

invoke its equity jurisdiction and order the appropriate reliefs during
the pendency of an action
PRELIMINARY ATTACHMENT NOTE: rule makes no distinction between real and personal
property [Riano]
4. Action against a party who has been guilty of a fraud in
A provisional remedy issued upon order of the court where an action is contracting the debt or incurring the obligation upon which the
pending to be levied upon the property of the defendant so the property action is brought, OR in the performance thereof;
may be held by the sheriff as security for the satisfaction of whatever
judgment may be rendered in the case [Davao Light v CA ](1991) NOTE: the delivery of counterfeit money or knowingly
issuing a bounced check are considered as grounds under
PURPOSES this rule [Riano]
1. To seize the property of the debtor in advance of final judgment
and to hold it for purposes of satisfying the said judgment. 5. Action against a party who has removed or disposed of his
2. To enable the court to acquire jurisdiction over the action by the property, or is about to do so, AND with intent to defraud his
actual or constructive seizure of the property in those instances creditors; or
where personal service of summons on the creditor cannot be
effected. [Quasha v. Juan (1982)] 6. Action against a party who does not reside and is not found in
the Philippines, OR on whom summons may be served by
Note: the rule also refers to persons on whom summons
There are only specific situations where preliminary attachment may may be served by publication and against whose
issue. The grounds are EXCLUSIVE: property, preliminary attachment may be availed of such
1. Action for recovery of a specified amount of money or damages, (1) Residents defendants whose identity or whose
EXCEPT moral and exemplary, whereabouts are unknown [Rule 14, Sec. 14]
a. On a cause of action arising from law, contract, quasi- (2) Resident defendants who are temporarily out of the
contract, delict, or quasi-delict country [Rule 14, Sec. 16]
b. Against a party who is about to depart from the Philippines
with intent to defraud his creditors;
2. Action for money or property, embezzled or fraudulently 1. The case must be any of those where preliminary attachment is
misapplied or converted to his own use by either: proper (Sec. 1, Rule 57)
a. A public officer, an officer of a corporation, an attorney, 2. Applicant must file a motion whether ex parte or with notice and
factor, broker, agent, or clerk, in the course of his hearing
employment as such, 3. Applicant must show by affidavit that there is no sufficient
b. OR by any other person in a fiduciary capacity, or for a willful security for the claim sought to be enforced and that the amount
violation of duty; claimed in the action is as much as the sum of which the order is
granted above all counterclaims
3. Action to recover the possession of property unjustly or 4. Applicant must post a bond executed to adverse party
fraudulently taken, detained or converted,
a. When the property, or any part thereof, has been concealed, A writ of preliminary attachment is too harsh a provisional remedy to be
removed, or disposed of to prevent its being found or taken issued based on mere abstractions of fraud. Rather, the rules require
by the applicant or an authorized person; that for the writ to issue, there must be a recitation of clear and
concrete factual circumstances manifesting that the debtor practiced
fraud upon the creditor at the time of the execution of their agreement
in that said debtor had a preconceived plan or intention not to pay the b. And it must not be exempt from execution
creditor. [Equitable v. Special Steel (2012)]
2. It shall contain an amount for the attachment bond:
a. The amount sufficient to satisfy the applicant’s demand, or
ISSUANCE AND CONTENTS OF ORDER OF ATTACHMENT (Rule 57, b. The value of the property to be attached as stated by
Sec. 2) applicant

When may one apply: A preliminary attachment may be applied for

1. At the commencement of the action or AFFIDAVIT AND BOND (Rule 57, Sec. 3 and 4)
2. At any time before the entry of judgment.
For the writ to issue, the applicant must submit an affidavit and post
Who may apply: It may be applied for by the plaintiff OR any proper bond. The affidavit and bond required must be duly filed with the clerk
party (including a defendant who filed a counterclaim, cross-claim, or a before order issues
third party complaint)
Contents of the Affidavit: The affidavit must establish:
Methods to Procure Preliminary Attachment: 1. A sufficient cause of action exists
1. Writ may be prayed for in the complaint itself providing the 2. Cause is one of those mentioned in Sec. 1
allegations warranting its issuance 3. No other sufficient security for the claim sought to be enforced
2. May be issued pursuant to a separate motion for attachment by action
whenever the writ is not prayed for in the original complaint 4. Amount due to applicant or possession of which is entitled to
recover is as much as the sum for which the order is granted
Three Stages in the Grant of a Preliminary Attachment: above all legal counterclaims
1. The court issues the order granting the application
2. Writ of attachment issues pursuant to the order granting the writ Applicant’s Bond: The party applying for the order must give a bond
3. The writ is implemented executed to the adverse party
1. Amount is fixed by the court in its order granting the issuance of
NOTE: For the initial two stages, it is not necessary that the writ
jurisdiction over person of defendant be first obtained
2. Conditioned that, if the court shall finally adjudge that applicant
However, once implementation of writ commences, court must was not entitled to the writ, the bond will pay:
have acquired jurisdiction over the defendant for without such a. All costs which may be adjudged to adverse party and
jurisdiction, the court has no power or authority to act b. All damages which he may sustain by reason of attachment

Issuance of the Order of Attachment The bond shall only be applied to all damages sustained due to the
1. The order may be issued either: attachment. It cannot answer for those that do not arise by reason of
a. Ex parte (service of summons to defendant required) the attachment [Riano].
b. Or upon motion with notice and hearing
2. The order is issued by the court in which the action is pending or
Contents of the Order of Attachment:
1. It must require the sheriff to attach so much of the property of General Rule: A writ of attachment may be issued ex parte even before
the party against whom it is issued as may be sufficient to the summons is served upon the defendant. BUT a writ may not be
satisfy applicant’s demand implemented until jurisdiction over the person is acquired by service of
a. Property must be within the Philippines summons. Otherwise, the implementation is null and void. [Riano]
Exceptions to Contemporaneous Service of Summons: [Rule 57, Sec. 5] 4. Debts, credits, bank deposits, financial interest, royalties,
1. Summons could not be served personally or by substituted commissions and other personal property not capable of manual
service despite diligent efforts, or delivery
2. Defendant is a resident of the Philippines temporarily absent 1. Leave a copy of the writ and a notice that the debts owing,
therefrom, or credits, and other personal property are attached in
3. Defendant is a non-resident, or pursuance of such writ
4. The action is in rem or quasi in rem. 2. Leave these documents with:
a. The person owing such debts, or
b. Having in his possession or under his control, such credits
MANNER OF ATTACHING PROPERTY (Rule 57, Sec. 5) or other personal property, or
c. With his agent
The sheriff enforcing the writ shall attach only so much of the property
in the Philippines of the adverse party not exempt from execution as 5. The interest of the party against whom attachment is issued in
may be sufficient to satisfy the applicant’s demand, UNLESS property belonging to the estate of decedent, whether as heir,
1. Party against whom writ is issued makes a deposit with the court legatee, or devisee
from which the writ is issued, or a. By service of a copy of the writ, and notice that said interest
2. He gives a counter-bond executed to the applicant is attached
b. Service is made to:
(1) The executor, or administrator, or
ATTACHMENT OF REAL AND PERSONAL PROPERTY (Rule 57, Sec. (2) Other personal representative of the decedent
7) c. Copy of the writ and notice:
(1) Shall be filed with the clerk in which said estate is being
1. Real property, or growing crops thereon, or any interest therein settled, and
a. File with the Registry of Deeds: (2) Served upon the heir, legatee, or devisee concerned
(1) A copy of the order together with a description of the
property Property in custodia legis may be attached by:
(2) And a notice that the property is attached 1. Filing a copy of the writ of attachment with the proper court or
b. The registrar of deeds must index attachments in the names quasi-judicial agency
of the applicant, adverse party, or person by whom the 2. Serving a notice of attachment upon the custodian of the
property is held or in whose name it stands in the records property [Rule 57, Sec. 7]
c. If attachment is not claimed on the entire area of land,
description sufficiently accurate for identification of such A previously attached property may also be subsequently attached. But
shall be included in the registration the first attachment shall have priority over subsequent attachments.
2. Personal property capable of manual delivery
a. Issue a corresponding receipt therefor
b. Then sheriff takes it and safely keeps it in his custody PROCEEDINGS WHERE ATTACHED PROPERTY IS CLAIMED BY
3. Stocks or Shares, or an Interest therein, of any corporation or
company A third person who has a claim to the property attached may avail of
a. Leave a copy of the writ and a notice stating that these the following remedies:
properties are attached in pursuance of such writ
b. Leave these documents with the president, or managing 1. File terceria or third-party claim (Rule 57, Sec. 14)
agent thereof
a. Note that a third-party claim may be filed with the sheriff Only the defendant or party whose property is attached may move for
while has possession of the properties levied upon, this being its lifting. If the attachment is proper, the discharge should be by
the only time fixed for the purpose counterbond under Sec. 12 (KO Glass v. Valenzuela)
b. The claimant makes an affidavit of his title or right to
possession, stating the grounds of such right or title. The Effect of Dissolution on Plaintiff’s Attachment Bond
affidavit must be served upon the sheriff 1. Dissolution of preliminary attachment upon security given, or a
c. Substantial identical procedure as in terceria in Rule 39, Sec. showing if its irregular issuance, does not operate to discharge
16 the sureties on the attachment bond
2. That bond is executed to adverse party conditioned that the
2. File independent action to recover property; or applicant will pay all the costs which may be adjudged to
adverse party and all damages which he may sustain by reason
3. File motion for intervention of the attachment, if the court shall finally adjudge that
a. This is available only before judgment is rendered applicant was not entitled thereto (Sec. 4)
3. Until that determination is made, as to applicant’s entitlement to
attachment, his bond must stand and cannot be withdrawn

After a writ of attachment has been enforced, the party whose property SATISFACTION OF JUDGMENT OUT OF PROPERTY ATTACHED (Rule
has been attached, or the person appearing on his behalf, may move 57, Sec. 15)
for the discharge of the attachment wholly or in part on the security
given. Procedure:
1. Pay to judgment obligee the proceeds of sale of perishable
Ways of Discharging Attachment property
1. Counterbond under Sec. 12 2. If there is any balance that remains due, sell property as may be
2. Motion for Discharge under Sec. 13 necessary to satisfy the balance if enough remains in the sheriff
or those of the clerk
Grounds for Discharge of Preliminary Attachment: 3. Collection of property of garnishee and proceeds paid to
1. Debtor has posted a counterbond or has made the requisite cash judgment oblige without need of prior permission to file action
deposit (Sec. 12) but may be enforced in the same action
2. Attachment was improperly or irregularly issued (Sec. 13) 4. Return must be made within 10 days from receipt of writ
a. As where there was no ground for attachment, or
b. The affidavit and/or bond filed are defective or insufficient
(Sec. 3)
3. Judgment is rendered against attaching creditor (Sec. 19)
4. Attachment is excessive, but the discharge shall be limited to
the excess (Sec. 13)
5. Property attached is exempt from execution

NOTE: There is a difference between the bond for issuance of writ and
bond for lifting the writ
1. Bond for issuance of writ (Sec. 4) – This is for damages by reason
of the issuance of the writ
2. Bond for lifting of writ (Sec. 5 and 12) – This is to secure the
payment of the judgment to be recovered
Same requirements for application as preliminary injunction.

DEFINITIONS AND DIFFERENCES An application for a TRO shall be acted upon only after all parties are
heard in a summary hearing, which shall be conducted within 24 hours
Injunction is a judicial writ, process, or proceeding whereby a party is after the sheriff's return of service and/or the records are received by
ordered to do or refrain from doing a particular act the branch selected by raffle. [Rule 58, Sec.4

Preliminary Injunction is an ancillary or preventive remedy where a

court requires a person, a party or even a court or tribunal either to Status Quo Order v. Injunction
REFRAIN (prohibitory) from or to PERFORM (mandatory) particular acts
during the pendency of an action. It is only a temporary remedy. A status quo order is in the nature of a cease and desist order. It is
resorted to when the projected proceedings in the case made the
conservation of the status quo desirable or essential, but the affected
Injunction Preliminary injunction party neither sought such relief nor did the allegations in his pleading
sufficiently make out a case for a temporary restraining order.
Ancillary; exists only as part or
Main action incident of an independent action It does NOT direct the doing or undoing of acts but is an order to
or proceeding maintain the last, actual, peaceable and uncontested state of things
sole object of which is to preserve which preceded the controversy.
seeks a judgment embodying a
the status quo until the merits
final injunction
can be heard
Based on all evidence gathered Status Quo Anter Order
based solely on initial and
by court to determine main
incomplete evidence Directs the maintenance of the condition prevailing before the
promulgation of the assailed decision.
Purpose: To prevent future injury and maintain the status quo (i.e. the
last actual, peaceable, uncontested status which preceded the pending It has the nature of a TRO. [Dojillo v. COMELEC, 2006]
controversy) for [Knecht v. CA, (1993)]

The injunction should not establish new relations between the parties REQUISITES:
but merely re-establish the pre-existing relationship between them. 1. There must be a verified application
2. The applicant must establish that:
TRO v. Injunction a. He has a right to relief or a right to be protected and
b. The act against which the injunction is sought violates such
c. There is a need to restrain the commission or continuance of
Injunction the acts complained of and if not enjoined would work
injustice to him
May be granted ex parte if great
Cannot be granted without notice 3. A bond must be posted unless otherwise exempted by the court
and irreparable injury would
and hearing 4. The threatened injury must be incapable of pecuniary estimation
result otherwise
5. Prior notice and hearing for party/person sought to enjoined
(except in 72-hour TROs)
A TRO is issued in order to preserve the status quo until the hearing of
the application for preliminary injunction. [Bacolod City Water v.
Labayen (2004)]
KINDS OF INJUNCTION 1. To compel cohabitation [Arroyo v. Vasquez (1921)]
2. Cancellation of attachment [Levy Hermanos v. Lacson (1940)]
Kinds of Injunction: 3. Release imported goods pending hearing before the
1. Preliminary Preventive Injunction – Prohibits the performance of Commissioner of Customs. [Commissioner of Customs v. Cloribel
a particular act or acts (1967)]
4. To take property out of the possession or control of one party
2. Preliminary Mandatory Injunction – Requires the performance of and place it into that of another whose title has not clearly been
a particular act or acts. This is an extreme remedy which will be established [Pio v. Marcos (1974)]
granted only on showing that:
a. The invasion of the right is material and substantial
b. Right of complainant is clear and unmistakable WHEN WRIT MAY BE ISSUED
c. There is an urgent and paramount necessity
When: It may be issued at ANY stage PRIOR to the judgment or final
INJUNCTION INJUNCTION Who: It may be granted by the court where the action or proceeding is
Purpose is to prevent pending. If the action or proceeding is pending in the Court of Appeals
Purpose is to require a or in the Supreme Court, it may be issued by said court or any member
a person from the
person to perform a thereof. (Rule 58, Sec. 2)
performance of a
particular act
particular act
The act has already
been performed this act has violated (Rule 58, Sec. 3)
the rights of another
Status Quo is Preliminary injunction may be granted when it is established that:
Status Quo is restored 1. Applicant is entitled to the relief demanded, or
2. Commission, continuance, or non-performance of the act
When preventive injunction does not lie; examples: complained of would work injustice to applicant, or
1. To restrain collection of taxes [Valley Trading v. CA](1989), 3. Party, court, agency or a person is doing, threatening, or is
except where there are special circumstances that bear the attempting to do, or is procuring or suffering to be done, some
existence of irreparable injury. [Churchill & Tait v. Rafferty act or acts probably in violation of the rights of the applicant
(1915)] respecting the subject of the action or proceeding
2. To restrain the sale of conjugal properties where the claim can be
annotated on the title as a lien, such as the husband’s obligation
to give support. [Saavedra v. Estrada (1931)] GROUNDS FOR OBJECTION TO, OR FOR MOTION OF DISSOLUTION
3. To restrain a mayor proclaimed as duly elected from assuming OF, INJUNCTION OR RESTRAINING ORDR (Rule 58, Sec. 6)
his office. [Cereno v. Dictado (1988)]
4. To restrain registered owners of the property from selling, Grounds for objection or dissolution
disposing and encumbering their property just because the 1. Upon showing of its insufficiency
respondents had executed Deeds of Assignment in favor of
petitioner. [Tayag v. Lacson (2004)] 2. Other grounds upon affidavits of the party or person enjoined.
5. Against consummated acts. [PNB v. Adi (1982); Rivera v. This may be opposed by the applicant by affidavits
Florendo (1986); Ramos, Sr. v. CA (1989)]
3. If it appears after hearing that although applicant is entitled to
When mandatory injunction does not lie; examples injunction or TRO, the issuance or continuance thereof, would
cause irreparable damage to party enjoined while applicant can
be fully compensated for such damages as he may suffer 2. If the matter is of extreme urgency and the applicant will suffer
a. PROVIDED that he files a bond grave injustice and irreparable injury
(1) Amount to be fixed by the court a. A TRO may be issued ex parte (after raffling of case) ordered
(2) Conditioned that he will pay all damages which the by the Executive judge of a multiple sala court or the
applicant may suffer by denial or dissolution of the presiding judge of a single-sala court
injunction or TRO b. Effective for 72 hours from issuance
(1) The applicant must then immediately comply with Sec. 4
If it appears that the extent of the preliminary injunction or restraining as to service of summons and documents
order granted is too great, it may be modified. (2) The Executive Judge shall then summon the parties to a
conference and raffle the case in their presence


(1) The Presiding Judge before whom the case is pending
General Rule: Before preliminary injunction may be granted, there must shall conduct a summary hearing to determine whether
be prior notice to person sought to be enjoined and there must be a the TRO shall be extended until application for
hearing preliminary injunction can be heard
(2) In no case shall the total period of effectivity of the TRO
Procedure: When an application for a writ of preliminary injunction or exceed 20 days, including the original 72 hours
TRO is included in a complaint or initiatory pleading, the case, if filed in
a multiple-sala, shall proceed as follows: Effectivity of TRO
1. Verified complaint and bond is filed 1. Effectivity is not extendible. No court shall have authority to
2. Determine if there is great or irreparable injury or extreme extend or renew the same on the ground for which it was issued
urgency, which warrants the issuance of a TRO 2. If issued by the CA – effective for 60 days from service
a. If yes, go to Procedure for Issuance of TRO 3. If issued by SC – effective until further orders
3. In both cases, Notice shall then be served to the party sought to
be enjoined TRO ISSUED BY
(a) There must be prior and contemporaneous service of EXECUTIVE JUDGE
summons (exceptions also apply) (MULTI-SALA) OR
Procedure for Issuance of TRO: (SINGLE-SALA)
1. If it appears that great or irreparable injury would result to the Matter is of extreme
applicant before the matter can be heard on notice: urgency and that
a. Summary hearing on the application of the TRO within 24 If it appears that great
grave injustice and
hours after sheriff’s return of service and/or records are or irreparable injury
irreparable injury will
received by the branch selected by raffle would result
arise unless
b. The court may issue a TRO effective for 20 days from service immediately issued
on the party sought to be enjoined A summary hearing
May be issued ex
must be done before
Within the 20 day period: parte
(1) The applicant must show cause why injunction should not Good for 20 days
be granted Good for 72 hours
including first 72 hours
(2) The court will determine WON the preliminary injunction Issued before raffling Issued after raffling
shall be granted. If granted, the court will issue the Issued after summary
corresponding order Issued ex parte
the case, if filed in a multiple-sala court, shall be raffled only after
Upon the expiration of the non-extendible period, the TRO is notice to and in the presence of the adverse party or the person to be
automatically terminated. No judicial declaration necessary. enjoined. In any event, such notice shall be preceded, or
contemporaneously accompanied, by service of summons, together
IN RELATION TO RA 8975, BAN ON ISSUANCE OF TRO OR WRIT with a copy of the complaint or initiatory pleading and the applicant's
OF INJUNCTION IN CASES INVOLVING GOVERNMENT affidavit and bond, upon the adverse party in the Philippines.
Sec. 3, RA 8975: No court, except the Supreme Court, shall issue any Where the summons could not be served personally or by substituted
TRO, preliminary injunction or preliminary mandatory injunction against service despite diligent efforts, or the adverse party is a resident of the
the government, or any of its subdivisions, officials or any person or Philippines temporarily absent therefrom or is a nonresident thereof, the
entity, whether public or private acting under the government direction, requirement of prior or contemporaneous service of summons shall not
to restrain, prohibit or compel the following acts: apply. [Rule 58, Sec.4] The executive judge of a multiple-sala court or
1. Acquisition, clearance and development of the right-of-way the presiding judge of a single sala court may issue ex parte a TRO
and/or site or location of any national government project effective for only 72 hours from issuance if the matter is of extreme
2. Bidding or awarding of contract/ project of the national urgency and the applicant will suffer grave injustice and irreparable
government as defined under Section 2 hereof; injury. However, he shall immediately comply with the provisions of Rule
3. Commencement prosecution, execution, implementation, 38, Sec. 4 as to service of summons and the documents to be served
operation of any such contract or project; therewith. [Rule 38, Sec. 5]
4. Termination or rescission of any such contract/project; and
5. The undertaking or authorization of any other lawful activity WHEN FINAL INJUNCTION GRANTED
necessary for such contract/project.
If after the trial of the action it appears that the applicant is entitled to
This prohibition shall apply in all cases, disputes or controversies have the act or acts complained of permanently enjoined, the court
instituted by a private party, including but not limited to cases filed by shall grant a final injunction perpetually restraining the party or person
bidders or those claiming to have rights through such bidders involving enjoined from the commission or continuance of the act or acts or
such contract/project. confirming the preliminary mandatory injunction. (Rule 58, Sec. 9)

This prohibition shall NOT APPLY when the matter is of extreme urgency
involving a constitutional issue, such that unless a temporary
restraining order is issued, grave injustice and irreparable injury will
arise. The applicant shall file a bond, in an amount to be fixed by the
court, which bond shall accrue in favor of the government if the court
should finally decide that the applicant was not entitled to the relief

Any TRO, preliminary injunction, or preliminary mandatory injunction

issued in violation of Sec. 3 is void and of no force and effect. [Sec 4]



When an application for a writ of preliminary injunction or a temporary

restraining order is included in a complaint or any initiatory pleading,
RECEIVERSHIP the judgment obligor refuses to apply his property in satisfaction
of the judgment, or otherwise to carry the judgment into effect;
4. Whenever in other cases it appears that the appointment of a
Receiver – A person appointed by the court in behalf of all the parties to receiver is the most convenient and feasible means of
the action for the purpose of preserving and conserving the property in preserving, administering, or disposing of the property in
litigation and prevent its possible destruction or dissipation if it were left litigation.
in the possession of any of the parties.
Specific cases where receiver was appointed
Purpose 1. If a spouse without just cause abandons the other or fails to
comply with his/her obligations to the family, the aggrieved
The purpose of a receivership as a provisional remedy is to protect and spouse may petition the court for receivership. [Family Code,
preserve the rights of the parties during the pendency of the main Article 101]
action, during the pendency of an appeal or as an aid in the execution 2. The court may appoint a receiver of the property of the
of a judgment when the writ of execution has been returned unsatisfied. judgment obligor; and it may also forbid a transfer or other
disposition of, or any interference with, the property of the
The receivership under Rule 59 is directed to the property which is the judgment obligor not exempt from execution. [Rule 39, Sec. 41]
subject of the action and does not refer to the receivership authorized 3. After the perfection of an appeal, the trial court retains
under banking laws and other rules or laws. Rule 59 presupposes that jurisdiction to appoint a receiver of the property under litigation
there is an action and that the property subject of the action requires its since this matter does not touch upon the subject of the appeal.
preservation. Receivership under Rule 59 is ancillary to the main action. [Rule 41, Sec. 9; Acuña v. Caluag (1957)]
(Riano). 4. After final judgment, a receiver may be appointed as an aid to
the execution of judgment. [Philippine Trust Company v.
The guiding principle is the prevention of imminent danger to the Santamaria (1929)]
property. If an action by its nature, does not require such protection or 5. Appointment of a receiver over the property in custodia legis
preservation, said remedy cannot be applied for and granted. may be allowed when it is justified by special circumstances, as
(Commodities Storage v. CA, 1997) when it is reasonably necessary to secure and protect the rights
of the real owner. [Dolar v. Sundiam (1971)]

1. When it appears from the verified application and other proof REQUISITES; REQUIREMENTS BEFORE ISSUANCE OF AN ORDER
that the applicant has an interest in the property or fund which is
the subject of the action or proceeding, and that such property Procedure:
or fund is in danger of being lost, removed, or materially injured 1. Verified application filed by the party requesting for the
unless a receiver be appointed to administer and preserve it; appointment of the receiver;
2. Applicant must have an interest in the property or funds subject
2. When it appears in an action by the mortgagee for the of the action;
foreclosure of a mortgage that the property is in danger of being 3. Applicant must show that the property or funds is in danger of
wasted or dissipated or materially injured, and that its value is being lost, wasted, or dissipated;
probably insufficient to discharge the mortgage debt, or that the 4. Application must be with notice and must be set for hearing;
parties have so stipulated in the contract of mortgage; 5. Before appointing a receiver, the court shall require applicant to
post a bond in favor of the adverse party. When the receiver is
3. After judgment, to preserve the property during the pendency of appointed, the receiver shall file a bond then take his oath.
an appeal, or to dispose of it according to the judgment, or to aid 6. Before entering upon his duties, the receiver must be sworn to
execution when the execution has been returned unsatisfied or perform his duties faithfully.
10. Invest funds in his hands, ONLY by order of the court upon the
Who Appoints Receiver: written consent of all the parties. [Rule 59, Sec. 6]
1. Court where the action is pending
2. CA Liability for refusal or neglect to deliver property to receiver:
3. SC 1. Contempt; and
4. During the pendency of an appeal, the appellate court may allow 2. Be liable to the receiver for the money or the value of the
an application for the appointment of a receiver to be filed in property and other things so refused or neglected to be
and decided by the court of origin. [Rule 59, Sec. 1] surrendered together with all damages that may have been
sustained by the party or parties entitled thereto as a
Receivership may be denied or lifted: consequence of such refusal or neglect. [Rule 59, Sec. 7]
1. If the appointment was sought or granted without sufficient
cause (Sec. 3) Remedies Against the Receiver
2. Adverse party files a sufficient bond to answer for damages (Sec. 1. No action against receiver can be maintained without leave of
3) court
3. Bond posted by applicant for grant of receivership is insufficient 2. An aggrieved party may:
(Sec. 5) a. Take the matter into the court which appointed the receiver
4. Bond of the receiver is insufficient (Sec. 5) and ask either for an accounting or take some other
proceeding, and ask for consequent judgment on the acts
complained of; or
THE RECEIVER b. Ask for leave of court to bring him an action directly

Who May Be Appointed As Receiver

The general rule is that neither party to the litigation should be
appointed as a receiver without the consent of the other because a The Applicant’s Bond
receiver is supposed to be an impartial and disinterested person. 1. Applicant must file a bond executed to the party against whom
(Alcantara v. Abbas, 1963) the application is presented
a. Amount to be fixed by the court
A clerk of court should not be appointed as a receiver as he is already b. CONDITION: To the effect that applicant will pay such party
burdened with his official duties. (Arigo v. Kayanan, 1983) all damages he may sustain by reason of the appointment IN
CASE the applicant shall have procured such without
Powers of a Receiver sufficient cause
1. Bring and defend in such capacity actions in his own name with 2. The court may require additional bond after appointment in the
leave of court exercise of its discretion as further security for such damages
2. Take and keep possession of the property in controversy (Rule 59, Sec. 2)
3. Receive rents
4. Collect debts due to himself as receiver or to the fund, property, The Receiver’s Bond
estate, person, or corporation of which he is the receiver 1. As a precondition before entering into his duties, receiver must
5. Compound for and compromise the same file a bond
6. Make transfers 2. The bond is executed to such person and in such sum as the
7. Pay outstanding debts court may direct
8. Divide the money and other property that shall remain among 3. CONDITION: To the effect that he will faithfully discharge his
the persons legally entitled to receive the same’ duties and obey the orders of the court (Rule 59, Sec. 4)
9. Generally, to do such acts respecting the property as the court
Damages which arise
Damages resulting due to receiver’s NATURE
from appointment negligence or
mismanagement Replevin is the provisional remedy seeking for the possession of the
The right rests on property prior to the determination of the main action for replevin.
The right is statutory general principles of
law Replevin may also be a main action with the ultimate goal of recovering
The damages may be personal property capable of manual delivery wrongfully detained by a
caused before the Liability rests on the person. In this sense, it is a suit in itself
receiver qualifies or mismanagement or
takes possession of negligence of receiver WRIT OF PRELIMINAY
the property ATTACHMENT
The applicant’s bond The receiver’s bond is The purpose is to have
is responsible responsible the property put in the
The purpose is to
custody of the court to
recover personal
secure the satisfaction
property capable of
of the judgment that
manual delivery from
the defendant
favor of the plaintiff at
Ground: The necessity for a receiver no longer exists some future time
The property either
Procedure: belongs to the plaintiff The property does not
1. The court shall determine that the necessity for a receiver no or one over which the belong to the plaintiff
longer exists plaintiff has a right of but to the defendant
a. Motu proprio, or on motion of either party possession
2. Due notice shall be given to all interested parties May be sought only
3. A hearing shall be conducted Available even if
when the principal
4. The court shall then settle the accounts of the receiver recovery of property is
action is for the
5. The court directs delivery of the funds and other property in his only incidental to the
recovery of personal
possession to the person adjudged to be entitled to receive them relief sought
6. The court will then order the discharge of the receiver Can be sought only
May be resorted to
when defendant is in
Effect: even if property is in
actual or constructive
1. Settle accounts of receiver possession of a third
possession of the
2. Delivery of funds to person entitled person
3. Discharge of receiver Cannot be availed of Can be availed of even
4. Receiver entitled to reasonable compensation to be taxed as when property is in if property is in
costs against defeated party custodia legis custodia legis
Available from
Available before commencement but
defendant answers before entry of
Bond is double the Bond is fixed by the
value of the property court
Extends only to Extends to all kinds of
personal property property whether real, 1. Applicant is owner of the property claimed or is entitled to
capable of manual personal, or possession
delivery incorporeal 2. Property is wrongfully detained by the adverse party
Attachment to recover 3. Property is not distrained or taken for tax assessment or fine
possession of personal pursuant to law, or seized (if seized, that the property is exempt)
Available to recover property unjustly 4. Principal purpose of the action is to recover possession of
personal property detained presupposes personal property
even if the same is that the same is being
not being concealed, concealed, removed,
removed, or disposed or disposed of to PROCEDURE (Rule 60, Sec. 2 and 3)
of prevent its being
found or taken by the 1. An application is filed at the commencement of the action or at
applicant any time before answer of defendant
2. Application must contain an affidavit
NOTE: There can be no replevin and preliminary attachment in the 3. Applicant must file a bond
same case because the purposes are different. 4. Approval of the bond by the court
1. In Rule 57, it is for security 5. Court shall then issue an order and the writ of replevin:
2. In Rule 60, it is for recovery of possession a. It must describe the personal property alleged to be
wrongfully detained
b. Requiring the sheriff to take such property into his custody

WHEN MAY WRIT BE ISSUED NOTE: The writ of replevin may be served anywhere in the Philippines.

When Applied For – A writ of replevin must be applied for:

1. At the commencement of the action, or AFFIDAVIT AND BOND; REDELIVERY BOND
2. At any time before defendant files his answer
Contents of the Affidavit
NOTE: There can be no replevin before the appellate courts 1. That the applicant is:
a. The owner of the property claimed – describe with
The provisional remedy of replevin is available where the PRINCIPAL particularity
PURPOSE of the action is to recover the possession of PERSONAL b. Or is entitled to possession
2. Property is wrongfully detained by adverse party
Who May Avail of the Remedy? a. Allege the cause of detention
1. Plaintiff – where the complaint prays for recovery of possession b. According to his best knowledge, information, belief
of personal property
2. Defendant – where a counterclaim was set out in the answer for 3. That the property has not been :
recovery of personal property a. Distrained, or
b. Taken for a tax assessment, or
It is available to any other party asserting affirmative allegations c. Taken as a fine pursuant to law, or
praying for the recovery of personal property unjustly detained. d. Seized under a writ of execution or preliminary attachment,
or under custodia legis; if so taken, that said property is
4. The affidavit must also state the actual value of the property a. If it be in the possession of the adverse party or his agent –
subject of replevin and not just its probable value. This value will Take the property into custody
be the basis of the bond. b. If property is concealed in a building or enclosure:
(1) Demand delivery of the property
The Applicant’s Bond (2) If not delivered, cause the building or enclosure to be
1. Executed to the adverse party broken open and then take the property into possession
2. Amount is DOUBLE the value of the property stated in the
affidavit 3. After taking possession:
3. Conditions of the Bond: a. Keep the property in a secure place
a. The return to of property to adverse party, if such return be b. He shall be responsible for delivery to party entitled
adjudged, and
b. The payment to adverse party of such sum as he may Unlike a preliminary attachment and preliminary injunction, the rule on
recover from the applicant in the action prior or contemporaneous jurisdiction is not provided for in replevin.

Return of Property (Sec. 5) However, the rule requires that upon such order, the sheriff must serve
1. If the adverse party objects to the sufficiency of the bond, he a copy on the adverse party together with the required documents.
cannot immediately require the return of the property even by
counterbond. A sheriff’s prerogative does not give him the liberty to determine who
among the parties is entitled to possession.
2. If the adverse party DOES NOT object to the sufficiency of the
bond, he may require the return of the property When a writ is placed in the hands of a sheriff, it is his duty to proceed
a. When: At any time before delivery to applicant with reasonable celerity and promptness to execute it according to its
b. How: By filing a redelivery bond mandate.

The Redelivery Bond

1. This is executed to the applicant and filed where the action is DISPOSITION OF PROPERTY BY SHERIFF (Rule 60, Sec. 6)
2. Amount is double the value of the property as stated in the The adverse party is entitled to the return of the property taken under
affidavit of the applicant writ of replevin, if:
3. Conditions of the Bond: 1. He seasonably posts a redelivery bond
a. The delivery thereof to the applicant, if such delivery be 2. The applicant’s bond is found to be insufficient or defective and
adjudged, and is not replaced with a proper bond
b. The payment of such sum to him as may be recovered 3. The property is not delivered to the plaintiff for any reason
against the adverse party
The sheriff shall retain the property for 5 days; Within such period, the
adverse party:
SHERIFF’S DUTY IN THE IMPLEMENTATION OF THE WRIT 1. May object to the sufficiency of the applicant’s bond or surety; or
2. May file a redelivery bond, if he does not object to the
Duties of the Sheriff (Rule 60, Sec. 4) sufficiency of the bond

1. Serve a copy of the order, together with the copies of the NOTE: These remedies are alternative.
application, the affidavit, and bond to the adverse party

2. Take the property:

When third party claims the property and such person makes affidavit Difference in Service of Affidavits:
of his title thereto stating his grounds, and serves such affidavit upon 1. Sec. 14, Rule 57 – affidavit is served upon the sheriff while he
the sheriff while the latter has possession of the property and a copy has possession of the attached property
upon the applicant, the sheriff SHALL NOT BE BOUND to keep property 2. Sec. 7, Rule 60 – affidavit is served within 5 days in which sheriff
under replevin or deliver property to the applicant UNLESS the applicant has possession (in connection with Sec. 6)
files a bond approved by the court in favor of the third person (the bond
should not be less than the value of stated under Sec. 60, Sec. 2; the
court shall determine the value in case of disagreement). JUDGMENT (Rule 60, Sec. 9)

No claim for damages for the taking or keeping of the property may be After trial of the issues, the court shall determine who has the right of
enforced against the bond UNLESS the action is filed within 120 days possession to and the value of the property and shall render judgment
from filing of the bond. in the alternative for the delivery thereof to the party entitled to the
same, or for its value in case delivery cannot be made, and also for
The procedure in Rule 60, Sec. 7 is similar to that in third-party claims in such damages as either party may prove, with costs.
execution (Sec. 16, Rule 39) and in attachment (Sec. 14, Rule 57).
Preliminary Attachment Preliminary Injunction Receivership Replevin
To have the property of adverse
party attached as security for To require a party or a court,
satisfaction of judgment that may agency, or a person to reframe
be recovered in cases falling from doing a particular act/s To place the property subject of
under Sec. 1, Rule 57 an auction or proceeding under
To enable the court to acquire the control of a third party for its To recover possession of personal
jurisdiction over the action by the preservation and administration property
actual or constructive seizure of pendente lite or as an aid to
Or to require the performance of
the property in those instances execution
particular act/s
where personal service of
summons on creditor cannot be
SUBJECT Personal property capable of
Personal or real property Particular act/s Personal or real property
MATTER manual delivery
At any time prior to satisfaction of
WHEN At the commencement of action judgment At the commencement of the
At any stage prior to final
APPLIED/ OR `At any time prior to entry of It may be availed of even after action
judgment or final order
GRANTED judgment judgment becomes final under BUT before the filing of answer
Sec. 41, Rule 39
File verified application and File verified application and
applicant’s bond applicant’s bond
If application is included in
HOW APPLIED File affidavits and applicant’s File affidavits and applicant’s
initiatory pleading, adverse party Application may also be included
FOR bond bond
should be served with summons in initiatory pleading in actions for
together with a copy of initiatory foreclosure of mortgage
pleading and applicant’s bond
Great or irreparable injury would
REQUIREMENT Not required Not Required
result or Extreme urgency and Required
OF A HEARING May be issued ex parte May be issued ex parte
applicant will suffer grave
injustice and irreparable injury
(Sec. 5, Rule 58
Only the court where the action is
Court where action is pending
The CA or SC even if action is
Courts where the action is Lower court, CA or SC provided
WHO MAY pending in the lower court Only the court were action is
pending, the CA or the SC even if action is pending in the same
GRANT Appellate court may allow pending
action is pending in lower court court which issues the injunction
application for receivership to be
Also with the Sandiganbayan and
decided by the court of origin
REQUISITES 1. Sufficient cause of action 1. Applicant is entitled to relief 1. Applicant has interest in 1. Applicant is owner of the
FOR GRANTING 2. Case is covered by Sec. 1, Rule demanded property or fund, subject property claimed or is
APPLICATION 57 2. Act/s complained of would matter of action entitled to possession
3. No other sufficient security for work injustice to applicant if 2. Property or fund is in danger 2. Property is wrongfully
the claim exists not enjoined of being lost, or removed, or detained by the adverse party
4. Amount due to applicant or 3. Acts sought to be enjoined material injured 3. Property is not distrained or
probably violates applicant’s 3. Appointment is the most
value of property he is entitled taken for tax assessment or
rights respecting the subject convenient and feasible
to recover is equal to the sum fine pursuant to law, or seized
of the action or proceeding means of preserving,
which the order of attachment (if seized, that the property is
4. Threatened injury incapable of administering, disposing of
is granted exempt)
pecuniary estimation property in litigation


residences of the
special civil action
parties when action is
(e.g. the venue in a
personal or by the
petition for quo-
location of the
warranto is where the
property when the
action is real
There are special civil
actions which can be
filed with the MTC (e.g.
Since a civil action in general is one by which a party sues another for
forcible entry and
the enforcement of a right, or the prevention or redress of a wrong, a
unlawful detainer)
special civil action is generally brought or filed for the same purpose. May be filed initially in
There are also those
[Riano] either the MTC or RTC
which cannot be
commenced in the
MTC (e.g. certiorari,
A special civil action is governed by the rules of ordinary civil actions
but there are certain rules that are applicable only to special civil They are denominated Some special civil
actions. as “complaints” when actions are initiated by
filed petitions
Also governed by
Governed by ordinary ordinary rules but
The Special Civil Actions (SCA) under the Rules of Court
rules subject to specific
1. SCAs initiated by complaints:
rules prescribed
a. Interpleader
Formal demand of
b. Foreclosure of Real Estate Mortgage
one’s legal rights in a
Special features not c. Forcible Entry and Unlawful Detainer
court of justice in the
found in ordinary civil d. Partition
manner prescribed by
actions e. Expropriation
the court or by the
2. SCAs initiated by petitions:
Must be based on a The concept of cause
a. Declaratory Relief
cause of action which of action in an
b. Review or Adjudication of COMELEC/COA Decisions
means that the ordinary action does
c. Certiorari
defendant has not always fit in a
d. Prohibition
violated plaintiff’s special civil action
e. Mandamus
rights (e.g. interpleader)
f. Quo Warranto
Venue is determined This dichotomy does
g. Contempt
by either the not always apply in a
The venue of special civil actions is governed by the general rules on
venue EXCEPT as otherwise indicated in the particular rule for said NATURE
special action.
Definition - A remedy whereby a person who has property in his
Actions for certiorari, prohibition and mandamus should be commenced possession or has an obligation to render wholly or partially, without
in the proper RTC, but the same may, in proper cases, be commenced in claiming any right in both, comes to court and asks that the defendants
the SC or the CA and a specific rule of venue is provided for quo who have made conflicting claims upon the same property or who
warranto proceedings consider themselves entitled to demand compliance with the obligation
be required to litigate among themselves in order to determine who is
In the absence of special reasons, the SC will decline original jurisdiction entitled to the property or payment or the obligation [Beltran v. PHHC,
in certiorari, prohibition, and mandamus since it is not a trier of facts (1969)]
and, that is a function which can be better done by the trial courts. The
same rule applies for quo warranto wherein the SC has concurrent The peculiar characteristic of an interpleader is that there is NO CAUSE
jurisdiction with the RTC. OF ACTION on the part of the plaintiff but only a threat of cause of
Special civil actions that can be filed in or are within the jurisdiction of
inferior courts: Purposes
1. Interpleader -- Provided that amount involved is within its 1. To compel conflicting claimants to interplead and litigate their
jurisdiction several claims among themselves. [Rule 62, Sec. 1]
2. Ejectment suits 2. To protect a person against double vexation in respect of one
3. Contempt liability [Beltran, supra]


1. The plaintiff clams no interest in the subject matter or his claim

thereto is not disputed
2. The parties to be interpleaded must make effective claims
3. There must be at least 2 or more conflicting claimants with
adverse or conflicting interests to a property in custody or
possession of the plaintiff; and
4. The subject matter must be one and the same

NOTE: Interpleader applies regardless of nature of subject matter.

Cannot be availed of to resolve the issue of breach of undertakings

made by defendants, which should be resolved in an ordinary action for
specific performance or other relief [Beltran, supra].


Who Files the Complaint - A complaint for interpleader is filed by the

person against whom the conflicting claims are made
7. After all pleadings have been fled, the court shall then determine
When to File - REASONABLE TIME the respective rights and adjudicate their several claims (Sec. 6)

An action for interpleader should be filed within a reasonable time after

a dispute has arisen without waiting to be sued by either of the
contending parties. Otherwise, it may be barred by laches or undue

Jurisdiction and Venue – General rules on jurisdiction and venue apply

as in ordinary civil actions.


1. A complaint is filed.

2. Upon filing of complaint, the court issues an Order (Sec. 2)

requiring conflictng claimants to interplead with one another

3. Summons shall then be served upon the conflicting claimants

with a copy of the complaint and the order to interplead (Sec. 3).

4. Each claimant has a 15-day period to file: (Sec. 4)

a. An answer
b. A motion to dismiss. If filed, period to answer is filed
a. Grounds:
(1) Same as in Rule 16
(2) Impropriety of interpleader action
b. If motion is denied, movant may file his answer within the
remaining period but it shall not be less than 5 days in
any event from notice of denial

5. From service of Answer, the claimants may file their Reply

serving copies to all parties. Parties may file counterclaims,
cross-claims, third-party complaints, responsive pleadings


a. The claimant may be declared, on motion, in default
b. Unlike ordinary default, default in interpleader allows the
court to render judgment barring him from any claim in
respect to the subject matter

6. Pre-trial is conducted.
DECLARATORY RELIEFS AND SIMILAR REMEDIES 2. If action involves the validity of a statute/executive
order/regulation/other governmental regulation, the Solicitor
NATURE General shall be notified. [Rule 63, Sec. 3]
3. If action involves the validity of a local government ordinance,
In Declaratory Relief, the subject matter is a deed, will, contract, or the prosecutor/attorney of the LGU involved shall be notified.
other written instrument, statute, executive order, or regulation, or [Rule 63, Sec. 4]
Non-joinder of interested persons is not a jurisdictional defect; but
Note: The enumeration of the subject matter is EXCLUSIVE persons not joined shall not be prejudiced in their interests unless
otherwise provided by the Rules. (Baguio Citizens Action v. City Council
Issue is the validity or construction of the subject matter of Baguio, 1983)

Relief: declaration of the petitioner’s rights and duties WHERE TO FILE

Purpose: To relieve the litigants of the common law rule that no It is filed In the appropriate RTC (incapable of pecuniary estimation)
declaration of rights may be judicially adjudged unless a right has been
violated and for the violation of which relief may be granted. Original jurisdiction of a petition for declaratory relief is with the RTC.

1. The concept of a cause of action is not applicable to declaratory REQUISITES OF ACTION FOR DECLARATORY RELIEF
relief since this SCA presupposes that there has been no breach
or violation of the 1. Subject matter of controversy must be a deed, will, contract, or
2. instruments involved other written instrument, statute, executive order or regulation,
3. Unlike other judgments, judgment in an action for declaratory or ordinance. (Enumeration is exclusive)
relief does not essentially entail any execution process
2. Actual justiciable controversy or “ripening seeds” of one
between person whose interests are adverse
3. No breach of documents in question
1. Any person interested under a deed, will, contract or other
written instrument 4. Doubtful as to the terms and validity of the document and
a. He must file before breach require judicial construction

2. Any person whose rights are affected by a statute, executive 5. Issue is ripe for judicial determination, as where all
order or regulation, or ordinance, or any other governmental administrative remedies have been exhausted
a. He must file before violation 6. Adequate relief is not available through other means or other
forms of action or proceeding

1. All persons who have or claim any interest which would be
affected by the declaration [Rule 63, Sec. 2] Court has DISCRETION to REFUSE to Grant Declaratory Relief when:
(Rule 63, Sec. 5)
1. The decision will not terminate the controversy or uncertainty REVIEW OF JUDGMENTS AND FINAL ORDERS OR
giving rise to the action; or RESOLUTION OF THE COMELEC AND COA
2. The declaration or constitution is not necessary and proper
under the circumstances
SCOPE (Rule 64, Sec. 1)
How Done: Motu proprio, or on motion
Applicable only to judgments and final orders of the COMELEC and COA
[Rule 64, Sec. 1]
Judgments/orders of the Civil Service Commission are now reviewable
When proper: If before the final termination of the case, a breach or by the Court of Appeals under Rule 43, eliminating recourse to the
violation of the instrument or status occurs. Then, petition is converted Supreme Court (SC). [RA 7902; SC Revised Administrative Circular No.
into an ordinary action 1-95]
Effect of Conversion: Parties shall be allowed to file such pleadings as An aggrieved party may bring the questioned judgment, etc. directly to
may be necessary or proper the SC on certiorari under Rule 65. [Rule 64, Sec. 2]
NOTE: If there has been breach or violation BEFORE filing of the Basis: This new rule is based on the provisions of Art. IX-A, 1987
petition, declaratory relief cannot be availed of. Constitution regarding the three constitutional commissions provided
for therein.

Actions similar to Declaratory Relief and may be brought under Rule 63: APPLICATION OF RULE 65 UNDER RULE 64
(may be filed with the MTC)
1. Action for reformation (See Art. 1359-1369 Civil Code) The aggrieved party may bring a judgment or final order or resolution of
2. Action to quiet title or remove cloud (See Art. 476-481 Civil the COMELEC and COA to the SC on certiorari under Rule 65 and not on
Code) appeal by certiorari under Rule 45
3. Action to consolidate ownership (See Art. 1607 Civil Code)
NOTE: The petition should be filed EXCLUSIVELY with the SC
These remedies are considered similar to declaratory relief because
they also result in the adjudication of the legal rights of the litigants Unlike in Rule 65, petition should be filed within 30 days from notice of
often without the need of execution to carry the judgment into effect judgment or final order or resolution sought to be reviewed.
However we must make a distinction: Filing of MFR or MNT, if allowed under the procedural rules of the
1. In those cases similar to declaratory relief, the court is BOUND to Commission, shall interrupt the 30-day period.
render judgment
2. In actions for declaratory relief, the court MAY REFUSE to If denied, aggrieved party may file petition within the remaining period
exercise the power to declare rights and to construe instruments but it shall not be less than 5 days in any event from notice of denial.

NOTE: The Fresh Period Rule is NOT applicable


1. A verified petition is filed (Sec. 5) with payment of docket and

lawful fees (Sec. 4)
2. Service of petition to the Commission and parties concerned CERTIORARI, PROHIBITION, MANDAMUS
(Sec. 5)
3. SC shall act on the petition: DEFINITIONS AND DISTINCTIONS
a. It may dismiss the petition:
(1) Failure to comply with the form and content requirements Writ of Certiorari is a writ emanating from a superior court directed
in Sec. 5 against an inferior court, tribunal, or officer exercising judicial or quasi-
(2) If SC finds the petition insufficient in form and substance judicial functions. The purpose of which is to correct errors of
(Sec. 6) jurisdiction.
(3) If it was filed manifestly for delay (Sec. 6)
(4) Questions raised are too unsubstantial to warrant Writ of Prohibition is a writ issued by a superior court and directed
proceedings (Sec. 6) against an inferior court, board, officer or other person whether
b. If sufficient in form and substance, the SC will require the exercising judicial, quasi-judicial, or ministerial functions for the purpose
respondents to file their Comments (Sec. 6) within 10 days of preventing the latter from usurping jurisdiction with which it is not
from notice legally vested.
4. SC may also require oral argument or submission of memoranda
(Sec. 9) Writ of Mandamus is a writ issued in the name of the State, to an
5. The case is then submitted for decision (Sec. 9) inferior tribunal, corporation, board, or person, commanding the
performance of an act which the law enjoins as a duty resulting from an
office, trust, or station.
against an Directed
against an
entity or against an
Rule 64 entity or
Rule 65 person entity or
exercising person
Directed only to the judgments, Directed to any tribunal, board, or exercising
judicial, quasi- exercising
final orders or resolutions of officer exercising judicial or quasi- judicial or
judicial, or ministerial
COMELEC and COA judicial functions quasi-judicial
ministerial functions
Filed within 30 days from notice Filed within 60 days from notice functions
of the judgment of the judgment Entity or
The filing of a MR or a Motion for person is
New Trial if allowed, interrupts alleged to
the period for the filing of the Entity or person is alleged to
petition for certiorari. If the The period within which to file the have acted:
(1) Neglected
motion is denied, the aggrieved petition if the MR or new trial is (1) Without jurisdiction
a ministerial
party may file the petition within denied, is 60 days from notice of (2) In excess of jurisdiction; or
duty; or
the remaining period, but which the denial of the motion. (3) With grave abuse of
(2) Excluded
shall not be less than 5 days discretion amounting to lack or
another from
reckoned from the notice of excess of jurisdiction
a right or
denial. office


To annul or To have For
nullify a respondent respondent
desist from
act required, (Rule 45) (Rule 65)
proceeding further
and (2) Pay A continuation of the
proceeding An original action and
damages appellate process
not a mode of appeal
Covers over the original case
Covers discretionary Covers May be directed
discretionary and ministerial against an
acts ministerial acts interlocutory order of
Seeks to review final
acts the court or where no
judgment or final
Negative and appeal or plain or
Corrective Preventive speedy remedy is
This remedy
remedy remedy available in the
is affirmative
To correct To restrain or ordinary course of law
or positive
usurpation of prevent the Raises questions of
or negative
jurisdiction said jurisdiction – that is,
usurpation whether a tribunal,
board or officer
Distinguished from Injunction exercising judicial or
Raises only questions quasi-judicial functions
INJUNCTION PROHIBITION of law has acted without
Ordinary civil action Special civil action jurisdiction or in
Directed to the court excess of jurisdiction
Directed only to the or with grave abuse of
itself, commanding it
party litigants, without discretion amounting
to cease from the
in any manner to lack of jurisdiction
exercise of a
interfering with the Filed not later than 60
jurisdiction to which it
court days from notice of
has no legal claim Filed within 15 days
judgment, order, or
from notice of
INJUNCTION MANDAMUS resolution sought to be
judgment or final
Ordinary civil action Special civil action assailed and in case a
order appealed from,
Directed against a motion for
Directed against a or of the denial of
tribunal, corporation, reconsideration or new
litigant petitioner’s motion for
board, or officer trial is timely filed, the
reconsideration or
Purpose is to either 60-day period is
Purpose is for the new trial
refrain the defendant counted from notice of
tribunal, corporation, said denial
from performing an
board, or officer, to Extension of 30 days
act or to perform not Extension no longer
perform a ministerial may be granted for
necessarily a legal allowed
and legal duty justifiable reasons
and ministerial duty
Motion for
Does not require a
reconsideration is a
prior motion for
Certiorari as a Mode of Appeal and as a Special Civil Action condition precedent,
subject to exceptions