CIVIL PROCEDURE NOTES

SUMMARY
PROCEEDINGS
100k outside MM
200k within MM
Judgment
is
appealable

SMALL CLAIMS
200k within or
outside MM
Judgment is Final
and Executory

JURISDICTION
SUPREME COURT
(Exclusive Original)
1. Certiorari,
Prohibition
or
Mandamus
2. Disciplinary Proceedings against
members of IBP and court
personnel
COURT OF APPEALS
(Exclusive Original)
1. Annulment of judgments of the
RTC
REGIONAL TRIAL COURTS
1. Actions incapable of pecuniary
estimation
2. Cases not within the exclusive
original jurisdiction of any court
or tribunal
3. Actions affecting ambassadors,
public ministers and consuls
4. HC, QW, C, P, M
5. Writ of Amparo & Habeas Data
6. Intra-corporate controversies
7. ASSESSED VALUE
More than 20k (RTC outside MM)
More than 50k (RTC within MM)
Note: Interest, Damages, Attys Fees,
Lit. Expenses, Cost of suit is not
included
8. ADMIRALTY/MARITIME CLAIMS
More than 300k (RTC outside
MM)

More than 400k (RTC within MM)

9. DEMAND/MONEY
CLAIMS/
PERSONAL PROPERTY
More than 300k (RTC outside
MM)
More than 400k (RTC within MM)
10.PROBATE PROCEEDINGS
Gross Value more than 300k
(RTC outside MM)
More than 400k (RTC within MM)
MUNICIPAL TRIAL COURTS
1. Inclusion and exclusion of
voters
2. Forcible
Entry
&
Unlawful
detainer
3. Small Claims
4. HC and Bail in absence of RTC
Judges
5. ASSESSED VALUE
20k or less (MTC outside MM)
50k or less (MeTC within MM)
6. ADMIRALTY/MARITIME CLAIMS
300k or less (MTC outside MM)
400k or less (MeTC within MM)
7. DEMAND/MONEY
CLAIMS/
PERSONAL PROPERTY
300k or less (MTC outside MM)
400k or less (MeTC within MM)
8. PROBATE PROCEEDINGS
300k or less (MTC outside MM)
400k or less (MeTC within MM)

COMPULSORY COUNTERCLAIM
VS PERMISSIVE COUNTERCLAIM
COMPULSORY
One which arises
out of or is
necessarily
connected
with
the
transaction
or
occurrence
that is the subj
matter of the
opposing partys

PERMISSIVE
Does not arise
out of nor is it
necessarily
connected with
the subj matter
of the opposing
partys claim.

claim.
Not an initiatory
pleading
Does not require
certification
against
forum
shopping
It is barred if not
set up in the
action
Failure to answer
is not a cause for
default

Initiatory
pleading
Should
be
accompanied by
a
certification
against
forum
shopping
It is not barred
even if not set
up in the action
Must
be
answered,
otherwise,
declared default

CLASS SUIT
- When the subject matter of the
controversy is one of common
or general interest to many
persons so numerous that it is
impracticable to join all as
parties, a number of them
which the court finds to be
sufficiently
numerous
and
representative
as
to
fully
protect the interests of all
concerned may sue or defend
for the benefit of all.

VENUE OF ACTIONS
REAL ACTIONS
Actions affecting
title
to
or
possession
of
real property, or
interest therein,
shall
be
commenced and
tried
in
the
proper
court
which
has
jurisdiction over

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
case of a nonresident

the area wherein

the real property
involved,
is
situated.
Forcible entry &
unlawful detainer
shall
be
commenced and
tried in the MTC
of
the
municipality
or
city wherein real
property
is
situated.

defendant where
he
may
be
found, at the
election
of
plaintiff.

CERTIFICATION AGAINST FORUM

SHOPPING
- Is required only in a complaint
or other initiatory pleading:
a. Original civil complaint
b. Permissive counterclaim
c. Cross claim
d. Third part complaint
e. Complaint-in-intervention
f. Any
other
petition
or
application wherein a party
asserts his claim for relief
- Defect
in
the
verification,
curable by amendment
- Defect
in
verification
is
generally not curable by its
subsequent
submission
or
correction (dismissal of the case
without prejudice)
- Submission of false certification
or
non-compliance
shall
constitute indirect contempt
- Willful and deliberate forum
shopping, ground for summary
dismissal with prejudice and
constitute direct contempt

DECLARATION IN DEFAULT
- When the defendant fails to
answer within the time specified

in the rules, the court shall,

upon motion of the plaintiff and
proof of such failure, declare the
defendant in default
Interlocutory (inappealable)
Effects:
1. Defendant loses his standing
in court, prevents him from
taking part in the trial
2. Entitled to notices regarding
proceedings
3. Not an admission of the truth
or the validity of the
plaintiffs claims

-requisites to left order of default:

a.
Fraud,
Accident,
Excusable Negligence

Mistake

NOTICE OF LIS PENDENS

-Is an announcement to the whole
world that a particular real property
is in litigation, serving as a warning
that one who acquires an interest
over the said property does so at
his own risk, or that he gambles on
the result of the litigation over the
said property
-actions involving:
a. action to recover possession of
real property
b. action to quiet title thereto

or

b. meritorious defenses

c. action to remove clouds

d. action for partition

-default not allowed:

e. any action directly affecting the

title to the land

a. annulment of marriage

-does not apply to:

b. declaration of nullity of marriage

a. preliminary attachments

c. legal separation

b. probate of wills

d. summary procedure

c. levies on execution

e. small claims cases

d. proceedings for administration of

estate

BILL OF PARTICULARS

e. proceedings with only object is

recovery of a money judgment

-more definite pleading

-is a complementary procedural
document
consisting
of
an
amplification or more particularized
outline of a pleading, and being in
the nature of a more specific
allegation of the facts recited in the
pleading
-shall be filed before a responding
to a pleading

VALID SERVICE OF SUMMONS

Service in person:
Summons shall be served to
the defendant in person, or if
he refuses, by tendering it to
him.
Alias summons:
If the summons was not
served on the defendant, the
server shall serve a copy of
the return on the plaintiffs
counsel, stating the reasons

for failure of service, within 5

days therefrom.

If summons was lost, the

clerk, may issue an alias
summons.
Substituted service:
Service cannot be made
within a reasonable time:
-by leaving copies of the
summons at the defendants
residence with some person
of
suitable
age
and
discretion residing therein;
-by
leaving
copies
at
defendants office or regular
place of business with some
competent person in charge
thereof;
Service upon entity without
juridical personality
-service upon anyone of
them, or upon the person in
charge in the office or place
of business maintained in
such made
Service upon a prisoner
-service be effected upon
him by the officer having the
management of such jail or
institution
Service upon minors or
incompetents
-made upon him personally
and on his legal guardian, if
none, upon his guardian ad
litem
-father or mother
Service
upon
domestic
private juridical entity (corp,
part, assoc)
-president,
managing
partner, general manager,
corporate
secretary,
treasurer or in-house counsel
Service upon foreign private
juridical entity

-on
its
resident
agent
designated in accordance
with law for that purpose, if
no agent, to the govt official
designated by law , or any
officers or agents within the
Philippines
Service
upon
public
corporations
-RP to the OSG
province/city/municipality/pu
b corp to its executive head
or other officers as the law
or court may direct
Service
upon
defendant
whose
identity
or
whereabouts are unknown/
Extraterritorial
service/
resident temporarily out of
the Phils
-with
leave
of
court,
publication in a newspaper
of general circulation

VOLUNTARY APPEARANCE
-GR:
one
who
seeks
an
affirmative relief is deemed to
have
submitted
to
the
jurisdiction of the court
-E: when the defendant invokes
the special jurisdiction of the
court
by
impugning
such
jurisdiction over his person
-Motion to Dismiss due to lack
of
jurisdiction
does
not
constitute VA
-VA is equivalent to service of
summons

MOTIONS
-must be in writing, except
those made in open court or in
course of hearing or trial
-set for hearing by applicant
-notice of hearing:

a. Shall be addressed to all

parties
b. Shall specify the time and
date of the hearing which
must not be later than 10
days after filing the
motion
Notice of hearing shall be
served 3 days before the date
of hearing (3 day notice rule)
Proof of service
Exception to 3 day notice
rule
a. Ex-parte motions
b. Urgent motions
c. Motions agreed upon
by parties to be heard
on shorter notice
d. Motion for summary
judgment (10 days
before hearing)

MOTION TO DISMISS
-Not a pleading
-Omnibus motion: must raise
and
include
all
objections
available at the time of the
filing of the motion
-Exception to Omnibus Rule:
a. Lack of jurisdiction on the
subj matter
b. Litis pendentia
c. Res Judicata
d. Prescription
GROUNDS:
a. No jurisdiction over the
person of the defendant
b. No jurisdiction over the
subj matter
c. Venue improperly laid
d. Plaintiff has no legal
capacity to sue
e. Litis pendentia
-involves filing multiple
cases based on the same
cause of action and with
the same
prayer, the

previous case not having

been resolved yet
f. Res Judicata
-former
judgment
or
order must be final
-court
that
rendered
judgment had jurisdiction
over the subj matter and
the parties
-judgment must be on the
merits
-there must be identity
of:
a. parties
b. subj matter
c. causes of action
g. Prescription
h. Condition precedent for
filing claim has not been
complied with
i. Claim is unenforceable
under statute of frauds
j. Claim or demand has
been paid, waived or
extinguished

DISMISSAL OF ACTIONS
General Rule:
A dismissal made by filing of a
notice of dismissal is a dismissal
without prejudice
Exceptions:
1. Where
the
notice
of
dismissal so provides
2. Plaintiff
has
previously
dismissed the same case in
court
of
competent
jurisdiction (2 dismissal rule)
-twice dismissed actions
-based on same claim
-court
of
competent
jurisdiction
3. Premised on fact of payment
by the defendant
Dismissal
Plaintiff:

upon

motion

of

Once either an answer or a

motion for summary judgment
has been served on the plaintiff,
dismissal shall require filing of a
motion to dismiss
Dismissal due to fault of
plaintiff:
Failure of plaintiff, w/o justifiable
reason to:
1. Appear on the date of
presentation of his evidence
2. Prosecute his action for an
unreasonable length of time
3. Comply with the Rules of
Court
4. Comply with any other order
of the court
Dismissal may be upon motion
of defendant or own motion of
court

PRE-TRIAL
- Plaintiff and CoC may set pretrial
- Purpose:
a. Possibility
of
Amicable
Settlement
b. Simplification of issues
c. Necessity of amendments to
pleadings
d. Limitation of number of
witnesses
e. Possibility
of
obtaining
admissions of facts and
documents
f. Propriety
of
rendering
judgment on the pleadings
g. Such other matters as may
aid in the prompt disposition
of the case
h. Advisability of a preliminary
reference of issues to a
commissioner
i. Advisability of suspending
proceedings
- EFFECT OF FAILURE TO APPEAR:

1. PLAINTIFF dismissal of
action with prejudice
2. DEFENDANT allow the
plaintiff to present evidence
ex parte and for court to
render judgment on the
basis thereof

INTERVENTION
- Is a remedy by which a 3rd
party, not originally impleaded
in a proceeding, becomes a
litigant therein to enable him to
protect or preserve a right or
interest which may be affected
by such proceeding
- REQUISITES:
1. Legal interest
In the matter in controversy
Success of either parties
Against both parties
Person adversely affected
2. Intervention will not unduly
delay
or
prejudice
the
adjudication of rights of
original parties
3. Intervenors rights may not
be fully protected in a
separate proceeding
- May be filed at any time before
rendition of judgment by the
trial court

SUBPOENA
1. Subpoena ad testificandum
used to compel a person to
testify
2. Subpoena duces tecum used
to compel production of books,
records, things or documents

QUASHING A SUBPOENA

SUBPOENA DUCES TECUM:

1. It
is
unreasonable
and
oppressive
2. Relevancy of the books,
documents or things does
not appear
3. The person in whose behalf
the subpoena is issued fails
to advance the reasonable
cost of production thereof
4. The
witness
fees
and
kilometrage
allowed
by
these
Rules
were
not
tendered when subpoena
was served
SUBPOENA AD TESTIFICANDUM:
1. The witness is not bound
thereby
2. The
witness
fees
and
kilometrage
allowed
by
these
Rules
were
not
tendered when subpoena
was served

TRIAL
-Is the stage in the elementary
procedure followed by trial courts
in the conduct of civil cases in
which the parties shall adduce
there
respective
evidence
in
support of their claims and/or
defenses
GENERAL RULE:
-

Judgment should not

rendered without trial

be

EXCEPTIONS:
1. Judgment by default
2. Non-compliance or insufficient
compliance with an order for bill
of particulars
3. Where action is dismissed with
prejudice
upon
Motion
to
Dismiss on the ground of Res

Judicata,
prescription,
unenforceability under statute
of frauds or plaintiffs claim has
been extinguished
4. Dismissal
of
action
with
prejudice under the 2 dismissal
rule
5. Dismissal
of
action
with
prejudice on motion of plaintiff
or due to fault of plaintiff
6. Failure to attend at pre-trial
7. Refusal to answer to any written
interrogatory and to comply
with an order
8. When a party or officer willfully
fails to appear before the officer
to take his deposition
9. Judgment on the pleadings
10.Full summary judgment
11.Judgment based on stipulation
of facts
12.Judgment on compromise
13.Judgment by confession
14.Judgment
in
civil
cases
governed by Rule on summar
proceedings
STIPULATION OF FACTS
-parties may agree, in writing, upon
the facts involved in the litigation,
and submit the case for judgment
on the facts agreed upon, without
introduction of evidence

DEMURER TO EVIDENCE
- After plaintiff has completed the
presentation of his evidence,
the defendant may move for
dismissal on the ground that
upon the facts and the law the
plaintiff has shown to right to
relief
- Ground:
insufficiency
of
evidence of plaintiff
- EFFECT OF DENIAL OF MOTION:

Movant shall have the right to

present evidence
Interlocutory Order, hence not
appealable
However, may be subjected to
petition for certiorari (grave
abuse of discretion)
EFFECT OF GRANTIING OF
MOTION:
Movant shall have the right to
present evidence
Adjudication on the merits, thus
appealable

JUDGMENT ON THE PLEADINGS

- If the answer fails to tender an
issue
- Otherwise admits the material
allegations of the adverse
partys pleading
GENERAL RULE:
Must be upon motion of claimant
EXCEPTION:
If at the pre-trial the court finds
that a judgment on pleadings is
proper, it may render judgment
motu proprio
NOT APPLICABLE:
1. Declaration
of
nullity
of
marriage
2. Annulment of marriage
3. Legal separation
4. Issue
is
the
amount
of
unliquidated damages
5. Only conclusions of law are
being alleged

SUMMARY JUDGMENT
-Judgment rendered by the court
without trial if it is clear that there
exist
no
genuine
issue
or

controversy as to any material fact

except as to the amount of
damages
-may be filed by Plaintiff at anytime
after the answer has been served
-may be filed by Defendant at
anytime
BASIS OF SUMMARY JUDGMENTS:
a. Affidavits made on personal
knowledge
b. Depositions
c. Admissions of adverse party
d. Answers to interrogatories
SUMMARY
JUDGMENT

Based on
pleadings,
deposition
s,
admission
s
and
affidavits.

JUDGMENT
ON
PLEADING
S
Based
solely on
pleadings

JUDGMENT
BY
DEFAULT
Based on
the
complaint
and
evidence
of plaintiff

MOTION
FOR
RECONSIDERATION/ NEW TRIAL
NEW TRIAL
-FAME
-Newly
discovered
evidence

-2nd motion
may
be
allowed;
grounds not
existing

RECONSIDERATI
ON
-excessive
damages
-evidence
is
insufficient
to
justify decision
or order
-decision
or
order
is
contrary to law
-2nd motion from
same party is
prohibited

during
1st
motion
-If granted, -If granted, may
original
amend
judgment is judgment
vacated;
accordingly
trial
de
novo
-available
-available
even
on against
the
appeal but judgments
of
only on the both trial court
ground on and
appellate
newly
courts
discovered
evid
Both are prohibited under
summary procedure and small
claims
-

PRO FORMA MR:

The same does not specify the
findings or conclusions in the
judgment
which
are
not
supported
by evidence or
contrary to law, making express
reference to the pertinent
evidence
FRESH PERIOD RULE
The aggrieved party has a fresh
period of 15 days from receipt
or notice of the order denying or
dismissing denial of his MR or
NT within which to file his
appeal from the judgment itself
Neypes rule cannot be applied
to admin cases

RELIEF FROM JUDGMENT

- A remedy provided by law to
any person against whom a
decision or order is entered into
thru FAME
- Filed with affidavit of merit

GROUNDS:
1. When the judgment is entered
or any other proceeding is
thereafter taken against the
petitioner thru FAME
2. When petitioner has been
prevented
from
taking
an
appeal by FAME

TIME FOR FILING: 60 days after

knowledge of the judgment and
not more than 6 mos after entry
of judgment

EXECUTION ON APPEAL
-discretionary execution: may issue
before the lapse of period to appeal
and even during appeal
-whether there is good reason for
execution
EXAMPLES:
1. There is danger of the judgment
being ineffectual
2. Insolvency of the debtors
3. Prevent irreparable injury
4. Subject
of
judgment
is
perishable goods
5. Old age
APPEAL
- Ordinary appeal
QF and QL (mixed)
- Petition for review
QF and QL (mixed)
- Appeal by certiorari
QL
WHEN:
May be taken within 15 days after
notice to the appellant of the
judgment or final order

May be interrupted by MR and NT

HOW:
File a notice of appeal with the court
that rendered the judgment (15 days)
Record on appeal shall be required
only in spec pro and in other cases of
multiple or separate appeals (30 days
NOA + ROA)

parties while the main case is

pending
7. An order dismissing an action
with prejudice
REMEDY: Aggrieved party may file
Petition for Certiorari under Rule 65

RESIDUAL JURISDICTION:
-

APPEAL FROM RTC

- File a NOA within 15 days from
receipt of Judgment to RTC
NOT APPEALABLE:
1. Order denying a petition for
relief
2. Interlocutory order
3. An
order
disallowing
or
dismissing an appeal
4. An order denying a motion to
set aside a judgment by
consent,
confession
or
compromise
5. Order of execution
6. Judgment or final order for or
against one or more of several

Prior to the transmittal of the

original record or the record on
appeal, the court may issue
orders for the protection and
preservation of the rights of
parties

PERFECTION OF APPEAL:
-

Upon filing of the notice of

appeal in due time (NOA)
Court loses jurisdiction over the
case
Upon approval of the record on
appeal filed in due time (ROA)
Court loses jurisdiction only
over the subject matter