Rule 1 General Provisions

1. Civil action one by which a party sues another for

the enforcement or protection of a right, or the
prevention or redress of a wrong; may be ordinary or
special
Criminal action one by which the state prosecutes
a person for an act or omission punishable by law
Special proceeding remedy by which a party seeks
to establish a status, a right, or a particular fact
2. Rules of Court shall NOT be applicable to the
following, except by analogy or in a suppletory
character, and whenever practicable and convenient
1. Election cases;
2. Land registration;
3. Cadastral proceedings;
4. Naturalization proceedings; and
5. Insolvency proceedings
Rule 2 Cause of Action
1. Cause of action an act or omission by which a
party violates the right of another
2. Requisites of Joinder of Causes of Action:
1. The party joining the causes of action shall
comply with the rules on joinder of parties;
2. The joinder shall NOT include special civil action
or actions governed by special rules;
3. Where the causes of action are between the
same parties but pertain to different venues or
jurisdiction, the joinder may be allowed in the
RTC provided one of the causes of action falls
within the jurisdiction of the RTC and the venue
lies therein;
3. Where the claims in all the causes of action are
principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.
4. Misjoinder of causes of action NOT a ground for
dismissal; the action may, on motion ormotu proprio, be
severed and proceeded with separately.
Rule 3 Parties to Civil Actions
1. Claims that Survive the Death of a Party:
1. Actions to recover real and personal property
against the estate;
2. Actions to enforce liens thereon;
3. Actions to recover for injury to persons or
property by reason of tort;
4. Actions to recover money arising from contract,
express or implied.
2. Death of defendant in action on contractual money
claims before judgment of RTC NOT ground for
dismissal. Action continues until entry of final
judgment. Any judgment against estate of deceased

will be enforced as money claim. Writ of preliminary

attachment, if any, not dissolved.
3. Requisites of Permissive Joinder of Parties:
1. Right to relief arises out of the same transaction
or series of transactions, whether jointly,
severally, or in the alternative;
2. There is a question of law or fact common to all
the plaintiffs and defendants;
3. Such joinder is not otherwise proscribed by the
provisions of the Rules on jurisdiction and venue.
4. Requisites of a Class Suit:
1. Subject matter of the controversy is one of
common or general interest to many persons;
2. Parties affected are so numerous that it is
impracticable to bring them all to the court;
3. Parties bringing the class suit are sufficiently
numerous or representative of the class and have
the legal capacity to file the action.
5. Transfer of Interest
Action may be continued by or against the original
party, unless the court, on motion, directs the
transferee to be substituted in the action or joined with
the original party; however, if transfer is made before
commencement of the action, the transferee must
necessarily be the party, since only he is the real party
in interest.
Rule 4 Venue Of Actions
* Uniform rule on venue in RTC and MTC
1. Venue of real actions in the proper court which
has jurisdiction over the area whereinreal property
involved or a portion thereof is situated.
2. Venue for forcible entry and detainer actions in
the MTC of the municipality or city wherein the real
property or a portion thereof is situated.
3. Venue of personal actions where the plaintiff or
any of the principal plaintiffs resides, or where the
defendant or any of the principal defendants resides, or
in the case of a non-resident defendant where he may
be found, at the election of the plaintiff.
NOTE: residence means place where party actually
resides at time of action; does NOT mean permanent
home or domicile.
4. Action against non-resident not found in the
Philippines
1. Action Affects the Plaintiffs Personal Status in
the court of the place where the plaintiff resides.
2. Action Affects Any Property of the Defendant in
the Philippines where the property or any
portion thereof is situated or found.

5. Rules on Venue shall NOT apply:

1. In those case where a specific rule or law
provides otherwise (e.g., civil case for damages in
cases of libel, where Article 360 of RPC provides
specific rules on venue); OR
2. Where the parties have validly agreed IN
WRITING before the filing of the action on the
EXCLUSIVE venue thereof.
In this instance, the action can only be filed in the
place agreed upon even if the other place is the place of
residence of the parties or the location of the real
property involved.
Rule 5 Uniform Procedure in Trial Courts
1. The procedure in the MTCs shall be the same as that
in the RTC.
2. Uniform Procedure shall NOT be applicable:
1. Where a particular provision expressly or
impliedly applies only to either of said courts.
2. In civil cases governed by the Rule on Summary
Procedure.
Rule 6 Kinds of Pleadings
1. Negative Defense specific denial of the material
fact or facts alleged in the pleading of the claimant
essential to his cause of action.
2. Affirmative defense an allegation of a new matter
which, while hypothetically admitting the material
allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him. Includes:
1. Fraud
2. Statute of limitations
3. Release
4. Payment
5. Illegality
6. Statue of frauds
7. Estoppel
8. Former recovery
9. Discharge in bankruptcy
10. Any other matter by way of confession or
avoidance.
3. Compulsory counterclaim Requisites:
1. Arises out of or is necessarily connected with the
transaction or occurrence which is the subject
matter of the opposing partys claim;
2. Does not require for its adjudication the
presence of 3rd parties of whom the court cannot
acquire jurisdiction; and
3. Must be within the jurisdiction of the court both
as to the nature and the amount, except that in
an ORIGINAL action in the RTC, the counterclaim
may be considered regardless of the amount.
Agustin vs. Bacalang

A court (if MTC) has no jurisdiction to hear and

determine a set-off or counterclaim in excess of its
jurisdiction. A counterclaim beyond the courts
jurisdiction may only be pleaded by way of defense, the
purpose of which is to defeat or weaken the plaintiffs
claim, but NOT to obtain affirmative relief. MOREOVER,
the amount of judgment obtained by the defendant on
appeal cannot exceed the jurisdiction of the court in
which the action began. Since the trial court did not
acquire jurisdiction over the counterclaim in excess of
the jurisdictional amount, the appellate court likewise
did not have jurisdiction over the same. In such a case,
the award in excess of the jurisdiction of the trial court
is void.
Calo vs. Ajax
A counterclaim, even if otherwise compulsory, but
amount exceeds the jurisdiction of the inferior court,
will only be considered permissive. Hence, fact that it is
not set-up in the inferior court will not bar plaintiff from
instituting a separate action to prosecute it.

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Rule 7 Parts of a Pleading

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

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

that
1. Affiant (person verifying) has read the pleading
2. Allegations therein are true and correct as of
his personal knowledge or based on authentic
records. (SC Circular 48-2000, effective May 1,
2000)
4. A pleading required to be verified which:
1. Contains a verification based on information
and belief, OR
2. Contains a verification based on knowledge,
information and belief, OR
3. Lacks a proper verification
Shall be treated as an unsigned pleading.
1. 5. What pleadings have to be verified:
1. Petition for relief from judgment (38.3)

2. Appeal by certiorari from CA to SC (45.1)

3. Complaint with prayer for preliminary
attachment (57. 3)
4. Complaint for injunction (58.4)
5. Complaint for replevin (60.2)
6. Petition for certiorari (65.1)
7. Petition for prohibition (65.2)
8. Petition for mandamus (65.3)
9. Complaint for forcible entry or unlawful detainer
(70.4)
10. Petition for appointment of general guardian
(93.2)
11. Petition for leave to sell or encumber property of
estate or guardian (95.1)
12. Petition for declaration of competency of the
ward (97.1)
13. Petition for habeas corpus (102.3)
14. Petition for change of name (103.2)
15. Petition for voluntary dissolution of a corporation
(104.1)
16. Petition for cancellation or correction of entries
in the civil registry (108.1)
17. Petition to take deposition in perpetuam rei
memoriam (before action or pending appeal)
(24.2)
18. Motion to set aside a default order of an inferior
court
19. Motion for dissolution of preliminary injunction
on the ground of irreparable damage to the
movant while the adverse party can be fully
compensated
20. Petition for appointment of receiver
21. Petition for review of the decision of an RTC in
cases within the exclusive original jurisdiction of
the inferior court, by and elevated to the CA.
22. Pleadings that need not be verified but must be
under oath:
23. Denial of the genuineness and due execution of
an actionable document (8.8)
24. Denial of allegations of usury (8.11)
25. Answer to written interrogatories (25.2)
26. Answer to request for admission (26.2)
27. Notice of appeal from administrative tribunals to
the CA
6. Supporting affidavits of merit required:
1. Motion to postpone for absence of evidence
(30.3)
2. Motion to postpone for illness of a party or
counsel (30.4)
3. Motion for summary judgment or opposition
thereto (35.1,2,3,5)
4. Motion for new trial on the ground of FAME or
opposition thereto (37.2)
5. Petition for relief from judgment (38.3)
6. Third-party claim (39.16)
7. Proof required of a redemptioner (39.30)
8. Motion for preliminary attachment (57.3)

9. Motion for dissolution of preliminary injunction

(58.6)
10. Application for writ of replevin (60.2)
11. Claim against the estate of the decedent (86.9)
12. Motion for new trial based on newly discovered
evidence in criminal cases (121.4)
7. Certification against Forum-Shopping: Plaintiff or
principal party shall certify under oath in the complaint
or other initiatory pleading or in a sworn certification
annexed and filed therewith:
1. That he has not commenced any action or filed
any claim involving the same issues in any court,
tribunal or quasi-judicial agency; to the best of
his knowledge no such other claim or action
pending;
2. If there is such other pending action, a complete
statement of the present status thereof;
3. If he should thereafter learn that same or similar
action or claim is filed or pending, he shall report
the same within 5 days therefrom to the court
where he filed his complaint.
NOTE: FAILURE TO COMPLY NOT CURABLE BY MERE
AMENDMENT OF THE COMPLAINT OR PLEADING BUT
SHALL BE CAUSE FOR DISMISSAL OF THE CASE WITHOUT
PREJUDICE; IF THE ACTS OF PARTY OR COUNSEL
CLEARLY CONSTITUTE WILLFUL & DELIBERATE FORUM
SHOPPING, GROUND FOR SUMMARY DISMISSAL WITH
PREJUDICE AND CONSTITUTE DIRECT CONTEMPT.
For Forum-Shopping to exist, there must be:
1. Same transactions involved;
1. Same essential facts and circumstances;
and
2. Actions raise identical cause of action,
subject matter, and issues.
Rule 8 Manner of Making Allegations in Pleadings
1. Allegations of capacity
1. Capacity of party to sue or be sued or the
authority of a party to sue or be sued in a
representative capacity or the legal existence of
an organized association that is made a party
must be averred;
2. To raise an issue as to the legal existence of a
party or the capacity of a party in a
representative capacity, do so by specific denial,
including such supporting particulars as are
peculiarly within the pleaders knowledge.
2. Action or defense based on document
1. Substance of such document set forth in the
pleading;

2. Original or copy attached to the pleading as

exhibit and deemed to be part of the pleading;
OR
3. Copy may be set forth in the pleading with like
effect.
1. 3. How to contest actionable document:
Genuineness and due execution of instrument
deemed admitted unless adverse party:
1. Specifically denies them under oath;
2. Sets forth what he claims to be the facts.
Requirement of an oath does NOT apply:
1. When diverse party does not appear to be a
party to the instrument; or
2. When compliance with an order for an inspection
of the original instrument is refused.
Admission of genuineness and due execution:
1. Party whose signature appears admits that he
signed it, or that it was signed by another with
his authority
2. Was in words and figures as set out at the time it
was signed
3. Document was delivered
4. Any formal requisites required by law which it
lacks are waived by him
The following defenses are cut-off by admission of
genuineness and due execution of the document:
1. Signature is a forgery
2. Signature is unauthorized
3. Corporation is not authorized under its charter to
sign the instrument
1. Party charged signed the instrument in
some other capacity than that alleged in
the pleading setting it out
2. Document was never delivered.
3. 4. Specific Denial
1. Defendant must specify each material allegation
of fact the truth of which he does not admit;
2. Defendant must set forth the substance of the
matters upon which he relies to support his
denial, whenever practicable;
3. If denying only part of an averment, he shall
specify so much of it as is true and material and
shall deny the remainder;
4. If defendant does not have knowledge or
information sufficient to form a belief as to the
truth of a material averment, he shall so state
and this has effect of denial.
Negative pregnant a denial which at the same time
involves an admission of the substantial facts in the
pleading responded to.

5. Allegations not specifically denied, other than those

as to amount of unliquidated damages deemed
admitted.
Rule 9 Effect of Failure to Plead
1. General Rule: Defenses and objections not pleaded
in answer or motion to dismiss are deemed waived
(Omnibus Motion Rule).
Exception: Court shall dismiss the claim, even without
allegation in answer or motion to dismiss, if any of the
following appear from the pleadings or the evidence on
record:
1. Lack of jurisdiction over the subject matter;
2. Litis pendentia between same parties for the
same cause;
3. Res judicata
4. Action barred by statute of limitations.
1. 2. Declaration of Default
1. Defendant entitled to notice of motion to declare
him in default and of order of default;
2. Motion to set aside order of default may be filed
after notice and before judgment;
3. Party may make motion, under oath, to set aside
order of default upon proper showing that failure
to answer was due to FAME;
4. Effect of order of default party in default
entitled to notice of subsequent proceedings but
not to take part in trial;
5. Partial default if several defending parties and
not all in default, the court shall try the case
against all upon the answers thus filed and
evidence presented;
6. After declaration of default, court may render
judgment on the basis of the complaint or
require claimant to submit evidence;
7. Judgment against party in default shall not
exceed the amount or differ in kind from that
prayed for nor award unliquidated damages;
8. No defaults in action for annulment or
declaration of nullity of marriage or for legal
separation.
Rule 10 Amended and Supplemental Pleadings
1. Amendments of pleadings may be made once as a
matter of right:
1. At any time before responsive pleading is served
2. In the case of a reply, anytime within 10 days
after service.
Plaintiff may amend complaint as a matter of right
even after defendant files a Motion to Dismiss, since the
same is not a responsive pleading.
1. 2. Substantial amendments may be made only
with leave of court, except as provided above.

2. 3. An amended pleading supersedes the

pleading that it amends but admissions in
superseded pleadings may be received in
evidence against the pleader. (NOT judicial
admissions anymore; thus, must be formally
offered)
3. 4. Claims and defenses alleged in original but
not incorporated in the amended pleading shall
be deemed waived.
5. Amended and Supplemental pleadings distinguished:
Amended

Supplemental

Refers to facts existing at

the time of the
commencement of the
action

Refers to facts arising

after the filing of the
original pleading

Results in the withdrawal

of the original pleading

Merely an addition, and

does NOT result in the
withdrawal of, the
original pleading

Can sometimes be made

as a matter of right

Always filed with leave

of court