CIVIL PROCEDURE

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

An ordinary suit in a A right possessed by

court of justice one against another
The distinction is important in
One party prosecutes The moment said determining the EFFECT of the
another for the claim is filed before a judgment.
enforcement or court, the claim is
protection of a right converted into an
or the prevention or action or suit.
(C)
redress of a wrong. REAL PERSONAL MIXED
ACTION ACTION ACTION
Ownership or personal property is Both real and
CLASSIFICATION OF ACTIONS. possession of sought to be personal
(A) real property is recovered or where properties are
ORDINARY CIVIL SPECIAL CIVIL involved damages for breach involved
of contract are
ACTION ACTION sought
Founded on Founded on privity Founded on
Governed by ordinary Also governed by privity of of contract both
rules ordinary rules but estate
SUBJECT to specific ex. Accion Ex. Action for a sum ex. Accion
rules prescribed (Rules reinvidicatoria of money publiciana
62 to 71). with a claim
for damages
Formal demand of Special features not
ones legal rights in a found in ordinary civil The distinction is significant in the
court of justice in the actions determination of venue. With respect to
manner prescribed by mixed actions, the rules on venue of real
the court or by the actions shall govern, i.e., where the real
law property is located.
(D)
LOCAL ACTION TRANSITORY Section 6. Construction.
ACTION
General Rule: Liberal construction .
Must be brought in a Generally, must be Exceptions:
particular place, in brought where the a. reglementary periods
the absence of an party resides b. rule on forum shopping
agreement to the regardless of where
contrary the cause of action
arose
RULE 2
Ex. Action to recover Ex. Action to recover CAUSE OF ACTION
real property sum of money
Section 2. Cause of Action, defined.
Section 5. Commencement of action. Essential elements of cause of action
1. Existence of a legal right of the
An action is commenced by: plaintiff;
1. filing of the complaint (the date of 2. Correlative legal duty of the
the filing determines whether or not defendant to respect ones right;
the action has already prescribed); 3. Act or omission of the defendant
and in violation of the plaintiffs
2. payment of the requisite docket fees legal right; and
(determined on the basis of the 4. Compliance with a condition
amount of the claim including the precedent.
damages indicated in body or the
prayer of the pleading) CAUSE OF ACTION RIGHT OF ACTION
delict or wrongful act remedial right or right
It is not simply the filing of the or omission committed to relief granted by
by the defendant in law to a party to
complaint or the appropriate initiatory
violation of the institute an action
pleading but also the payment of the primary rights of the against a person who
prescribed docket fee that vests a trial plaintiff has committed a delict
court with jurisdiction over the subject or wrong against him
matter or nature of the action. The reason for the the remedy or means
action afforded or the
The court may allow the payment of the consequent relief
deficient docket fee within a reasonable the formal statement right that is given
period but not beyond the applicable of alleged facts the right to litigate
prescriptive or reglementary period. because of the
occurrence of the
alleged facts
An action can be commenced by filing
Determined by facts determined by
the complaint by registered mail. In as alleged in the substantive law
which case, it is the date of mailing that complaint and not the
is considered as the date of filing, and prayer therein
not the date of the receipt thereof by
the clerk of court.
RELIEF REMEDY SUBJECT
MATTER
The date of the filing of an amended
the redress, the the thing,
complaint joining additional defendant is protection, procedure or wrongful act,
the date of the commencement of the award or type of contract or
action with regard to such additional coercive action which property which
defendant. measure which may be is

the plaintiff availed of by directly
prays the court the plaintiff involved in the
to render in his as the means action,
favor as a to obtain the concerning
consequence of desired which the
the delict relief wrong has
committed by been done and
the defendant with respect
to which the
controversy
has arisen.
Section 4. Splitting a single cause of
action, effect of.
SPLITTING OF CAUSE OF ACTION is the
practice of dividing one cause of action
into different parts and making each
part subject of a separate complaint.
Applies NOT only to complaints but also
to counterclaims and crossclaims.
Remedy against splitting a single cause
of action:
A. Motion to dismiss on the ground of:
Litis pendentia, if the first
complaint is still pending (Rule
16, Sec. 1[e]); or
Res judicata, if any of the
complaints is terminated by final
judgment (Rule 16, Sec. 1[f])
B. An answer alleging either of the
above-cited grounds as affirmative
defense (Rule 16, Sec. 6)
General Rule on Divisible Contract
A contract to do several things at several
times is divisible, and judgment for a
single breach of a continuing contract is
not a bar to a suit for a subsequent
breach.
Doctrine of Anticipatory Breach
Even if the contract is divisible in its
performance and the future periodic
deliveries are not yet due, if the obligor
has already manifested his refusal to
comply with his future periodic
obligations, the contract is entire and
the breach total, hence there can only
be one action for damages (Blossom &
Co. vs. Manila Gas Corp., 55 Phil. 226)
Section 5. Joinder of causes of action.
Rule in this section is PERMISSIVE and the
plaintiff can always file a separate
action for each cause of action.
Par. (a): The joinder of causes of action
may involve the same or different
parties. If the joinder involved different
parties, it must comply with Sec. 6 Rule
3, thus, there must be a question of fact
or law common to both parties joined
arising out of the same or series of
transactions.
Par. (b) requires that: only causes of
action in ordinary civil actions may be
joined, obviously because they are
subject to the same rules.
Par. (c) As long as one cause of action
falls within the jurisdiction of the RTC,
the case can be filed there even if the
MTC has jurisdiction over the others.
Pars. (d) embodies the TOTALITY RULE
Section 33 BP129, as amended by RA
7691 - Where there are several claims or
causes of actions between the same or
different parties, embodied in the same
complaint, the amount of the demand
shall be the totality of the claims in all
the causes of actions, irrespective of
whether the causes of action arose out
of the same or different transactions.
SPLITTING OF JOINDER OF
CAUSE OF ACTION CAUSES OF ACTION
There is a single cause Contemplates several
of action causes of action
PROHIBITED. Causes ENCOURAGED.
multiplicity of suits Minimizes multiplicity
and double vexation of suits and
on the part of the inconvenience on the
defendant parties
Section 6. Misjoinder of causes of
action.
Not a ground for dismissal of an action. A
misjoined cause of action may be
severed and proceeded with separately.
There is no sanction against non-joinder
of separate causes of action since a
plaintiff needs only a single cause of
action to maintain an action.
RULE 3
PARTIES TO CIVIL ACTIONS
Section 1. Who may be parties;
plaintiff and defendant.
REQUIREMENTS FOR A PERSON TO BE A
PARTY TO A CIVIL ACTION:
1. he must be a natural or juridical
person or an entity authorized by
law;
2. he must have a legal capacity to sue;
and
3. he must be the real party in interest.
PLAINTIFFS- Those having an interest in
the subject matter of the action or in
obtaining the relief demanded.
DEFENDANTS:
1. persons who claim an interest in the
controversy or the subject thereof
adverse to the plaintiff; or
2. who are necessary to a complete
determination or settlement of the
questions involved therein; or
3. all those who ordinarily should be
joined as plaintiffs but who do not
consent thereto, the reason
therefore being stated in the
complaint.
Neither a dead person nor his estate may
be a party plaintiff in a court action
Considering that capacity to be sued is
correlative of the capacity to sue, to the
same extent, a decedent does not have
the capacity to be sued and may not be
named a party defendant in a court
action (Ventura vs. Militante 316 SCRA
226).
Section 3. Representatives as parties.
REAL PARTY IN INTEREST the party
who stands to be benefited in the suit or
the party entitled to the avails of the
suit.
Impleading the beneficiary as a party in
the suit is now mandatory, in cases
allowed to be prosecuted or defended by
a representative.
CLASSIFICATION OF PARTIES IN
INTEREST
1. Indispensable parties those without
whom no final determination can be had
of an action. (must be joined)
2. Necessary (or proper) parties those
who are not indispensable but ought to
be parties if complete relief is to be
accorded as to those already parties, or
for a complete determination or
settlement of the claim subject of the
action. (may or may not be joined)
3. Representative parties someone
acting in fiduciary capacity. Maybe a
trustee, guardian, executor or
administrator, or a party authorized by
law or these Rules.
An agent acting in his own name and for
the benefit of an undisclosed principal
may sue or be sued without joining the
principal except when the contract
involves things belonging to the principal
4. Pro forma parties those who are
required to be joined as co-parties in
suits by or against another party as may
be provided by the applicable
substantive law or procedural rule such
as in the case of spouses under Sec. 4.
5. Quasi parties those in whose behalf
a class or representative suit is brought.
Section 5. Minor or incompetent
persons.
Under the present rule, a person need
not be judicially declared to be
incompetent in order that the court may
appoint a guardian ad litem. It is enough
that he be alleged to be incompetent.
The suit can be brought by or against the
minor or incompetent person personally
BUT with the assistance of his parents or
guardian.
Section 6. Permissive joinder of SOLIDARY DEBTORS either is
parties. indispensable and the other is not even a
necessary party because complete relief
PERMISSIVE JOINDER the aggregate may be obtained from either.
sum of all the claims, determines the
jurisdiction of the court. Section 9. Non-joinder of necessary
parties to be pleaded.
Requisites of permissive joinder of
parties. The non-inclusion of a necessary party
1. Right to relief arises out of the same may be excused only on meritorious
transaction or series of transactions; grounds.
2. There is a question of law or fact
common to all the plaintiffs or The court may order the inclusion of the
defendants; and omitted necessary party if jurisdiction
3. Such joinder is not otherwise over his person may be obtained by
proscribed by the provisions of the ordering plaintiff to file an amended
Rules on jurisdiction and venue. complaint impleading the necessary
party therein as co-defendant.
SERIES OF TRANSACTIONS transactions
connected with the same subject of the The only sanction for failure to implead
action. a necessary party when ordered by the
court and jurisdiction can be obtained
INDISPENSABLE NECESSARY over said party is a waiver of the claim
PARTIES PARTIES against him. This is considered as an
exception to the provision on penalties
The action cannot The action can imposed on a disobedient party under
proceed unless they proceed even in the Sec. 3 of Rule 17 which would have
are joined absence of some entailed the dismissal of the complaint
necessary parties itself.
No valid judgment if The case may be
indispensable party is determined in court
Section 11. Misjoinder and non-joinder
not joined but the judgment of parties.
therein will not
resolve the entire Neither misjoinder nor non-joinder of
controversy if a parties is a ground for dismissal of the
necessary party is not action.
joined
Objections to defects in parties should
They are those with They are those whose be made at the earliest opportunity the
such an interest in the presence is necessary
moment such defect becomes apparent
controversy that a to adjudicate the
final decree would whole controversy but
by a MOTION TO STRIKE THE NAMES OF
necessarily affect their whose interests are so THE PARTIES impleaded.
rights so that the court far separable that a
cannot proceed final decree can be If there is misjoinder, a separate action
without their presence made in their absence should be brought against the party
without affecting misjoined.
them
The absence of an indispensable party
renders all subsequent actions of the
JOINT DEBTORS indispensable party court null and void for want of authority
with respect to own share and a to act, not only as to the absent parties
necessary party with respect to the but even as to those present.
share of the others.
Section 12. Class suit. Section 15. Entity without juridical
personality as defendant.
REQUISITES OF A CLASS
/REPRESENTATIVE SUIT. They may be sued under the name by
1. subject matter of the which they are generally known, but
controversy is one of common or they cannot sue under such name for
general interest to many lack of juridical personality.
persons;
2. parties affected are so numerous The service of summons may be effected
that it is impracticable to bring upon all the defendants by serving upon
them all before the court; any of them, or upon the person in
3. parties bringing the class suit are charge of the office or place of business
sufficiently numerous or maintained under such name. (Sec. 8,
representative of the class and Rule 14)
can fully protect the interests of
all concerned. INSTANCES WHERE SUBSTITUTION OF
PARTIES IS PROPER:
Class Suit Permissive Joinder
of Parties A. Death of party; duty of counsel (Sec.
There is one single There are multiple 16)
cause of action causes of action This provision applies where the claim is
pertaining to separately belonging not thereby extinguished as in cases
numerous persons to several persons. involving property and property rights
such as:
1. recovery of real and personal
Section 14. Unknown identity or name property against the estate.
of defendant. 2. enforcement of liens on such
properties
Requisites: 3. recovery for an injury to person
1. there is a defendant or property by reason of tort or
2. his identity or name is unknown delict committed by the
3. fictitious name may be used deceased.
because of ignorance of
defendants true name and said In this case, the heirs will be substituted
ignorance is alleged in the for the deceased OR if no legal
complaint representative is named then the court
4. identifying description may be will order the opposing party to procure
used: sued as unknown owner, the appointment of an executor or
heir, devisee, or other administrator for the estate of the
designation deceased.
5. amendment to the pleading
when identity or true name is In case of minor heirs, the court may
discovered appoint a guardian ad litem for them.
6. defendant is the defendant being
sued, not a mere additional The substitute defendant need not be
defendant summoned. The ORDER OF
SUBSTITUTION shall be served upon the
Service of summons upon a defendant parties substituted for the court to
whose identity is unknown may be made acquire jurisdiction over the substitute
by publication in a newspaper of general party
circulation in accordance with Section 14
of Rule 14.

If there is failure to notify the fact of
death: the case may continue and
proceedings will be held valid, and
judgment will bind the successors in
interest.
B. Death or separation of a party who
is a public officer (Sec. 17)
The action may be maintained by and
against his successor.
The action contemplated here is one
brought against the public officer in his
official capacity.
C. Supervening Incompetence or
incapacity of a party (Sec. 18)
The action shall continue to be
prosecuted by or against him, personally
or assisted by the corresponding
guardian.
D. Transfer of interest (Sec. 19)
Substitution of parties in this section is
NOT mandatory, it being permissible to
continue the action by or against the
original party in case of transfer of
interest pendente lite. Unless the
substitution by or the joinder of the
transferee is required by the court,
failure to do so does not warrant the
dismissal of the case. A transferee
pendente lite is a proper, and not an
indispensable party.
The case will be dismissed if the interest
of plaintiff is transferred to defendant
UNLESS there are several plaintiffs, in
which case, the remaining plaintiffs can
proceed with their own cause of action.
Section 20. Action on contractual
money claims.
Requisites:
1. The action must primarily be for
recovery of money, debt, or
interest thereon, and not where
the money sought therein is
merely incidental thereto.
2. The claim, subject of the action,
arose from a contract, express or
implied, entered into by the
decedent in his lifetime or the
liability for which had been
assumed by or is imputable to
him.
If defendant dies before entry of final
judgment in the court where it was
pending at that time, the action shall
not be dismissed but shall be allowed to
continue until entry of final judgment
thereon.
However, execution shall not issue in
favor of the winning party. It should be
filed as a claim against the estate of the
decedent.
Section 21. Indigent party.
Indigent one who has no property or
income sufficient for his support aside
from his labor, even if he is self-
supporting when able to work and in
employment. He need not be a pauper
to entitle him to litigate in forma
pauperis.
While the authority to litigate as
an indigent party may be granted upon
an ex parte application and hearing, it
may be contested by the adverse party
at any time before judgment is
rendered.
RULE 4
VENUE OF ACTIONS
VENUE the place where an action must
be instituted and tried.
VENUE JURISDICTION
Place where the action Power of the court to
is instituted hear and decide a case
May be waived Jurisdiction over the
subject matter and
over the nature of the
action is conferred by
law and cannot be
waived
Procedural Substantive
May be changed by the Cannot be the subject
written agreement of of the agreement of
the parties the parties
The rule on VENUE IS NOT APPLICABLE
in cases
1) Where a specific rule or law
provides otherwise; or
2) The parties have validly agreed
in writing before the filing of the
action on the exclusive venue
thereof (Sec. 4).
Requisites for venue to be exclusive
1. A valid written agreement
2. Executed by the parties before
the filing of the action; and
3. Exclusive nature of the venue.
In the absence of qualifying or restrictive
words, venue stipulation is merely
permissive meaning that the stipulated
venue is in addition to the venue
provided for in the rule (Polytrade Corp.
vs. Blanco 30 SCRA 187)
Section 1. Venue of real actions.
If property is located at the boundaries
of two places: file one case in either
place at the option of the plaintiff.
If case involves two properties located
in two different places:
1. If the properties are the object
of the same transaction, file it in
any of the two places.
2. If they are the subjects of two
distinct transactions, separate
actions should be filed in each
place unless properly joined.
Section 2. Venue of personal actions.
RESIDENCE the place where the party
actually resides with continuity and
consistency, whether permanent or
temporary, at the time the action is
instituted.
Means of waiving venue:
1. failure to object via motion to
dismiss
2. affirmative relief sought in the
court where the case is filed
3. voluntary submission to the
court where the case is filed
4. laches
Section 3. Venue of actions against
non-residents.
RULES
1. NON-RESIDENT FOUND IN THE
PHIL.
a. for personal actions
where the plaintiff
resides; and
b. for real actions where
the property is located.
2. NON RESIDENT NOT FOUND IN
THE PHIL.
An action may be filed only
when the case involves:
a. Personal status of
plaintiff venue: where
plaintiff resides;
b. Any property of said
defendant located in the
Phil. venue: where the
property or any portion
thereof is situated or
found.
The Supreme Court has the power to
order a change of venue to prevent a
miscarriage of justice.
Dismissal of Action for Improper Venue
The court may not motu propio dismiss a
complaint on the ground of improper
venue. An exception is provided in
Section 4 of the Revised Rule on
Summary Procedure.
 merely a formal one, and not
RULES ON SUMMARY PROCEDURE jurisdictional. It should therefore simply
SUMMARY PROCEDURE IN CIVIL CASES direct the party concerned to have it
verified.
Filing of verified
complaint with the PROHIBITED PLEADINGS / MOTIONS
MTC UNDER THE RULE ON SUMMARY
PROCEDURE.
1. Motion to dismiss the complaint
court may court may or to quash the complaint or
summon the dismiss the case
defendant outright information except on the
ground of lack of jurisdiction
over the subject matter or
failure to comply with prior
W/in 10 days If Defendant fails to barangay conciliation (referral to
from receipt of answer in 10 days the Lupon)
summons, The court, motu propio
defendant or on plaintiffs
2. Motion for a bill of particulars
answers, motion, may render 3. Motion for a new trial or for
incoporating judgment based on reconsideration of a judgment or
compulsory facts alleged in the for reopening of trial
counterclaim or complaint w/o
4. Petition for relief from judgment
crossclaim, and prejudice to
serves a copy on R9, S3 (c) 5. Motion for extension of time to
plaintiff file pleadings, affidavits, or any
other paper
6. Memoranda
7. Petition for certiorari,
mandamus, or prohibition
Answer to If plaintiff fails to against any interlocutory order
counterclaim appear in prelim
and crossclaim conference, complaint issued by the court
w/in 10 days may be dismissed. 8. Motion to declare defendant in
Defendant entitled to default
decision based on his 9. Dilatory motions for
counterclaim. All
crossclaims dismissed. postponement
Preliminary 10. Reply
conference w/in 30 11. Third party complaints
days after last
12. Interventions
answer is filed

If sole defendant The filing of a prohibited pleading will

fails to appear, not suspend the period to file an answer
W/in 5 days after
plaintiff entitled to or to appeal.
judgment based on
conference, court
complaint and
issues record of
what is proved Although a motion to dismiss is a
preliminary
conference therein prohibited pleading, its filing after the
answer had already been submitted does
not constitute a pleading prohibited by
the summary rules. What the rules
W/in 10 days from proscribe is a motion to dismiss that
receipt of order,
submission by the would stop the running of the period to
parties of affidavits file an answer and cause undue delay.
and position papers
While a motion to declare the defendant
The Court should not in default is prohibited by the rules on
dismiss the complaint or summary procedure, the plaintiff may
counterclaim if they nevertheless file a motion to render
Rendition of judgment
w/in 30 days from are not verified. judgment as may be warranted when the
receipt of last The requirement is defendant fails to file an answer.
affidavit, or w/in 15
days after last
clarificatory paper

The issuance of the pre-trial order is an
important part of the summary
procedure because it is its receipt by the
parties that begins the ten-day period to
submit the affidavits and other
evidence.
TRIAL PROCEDURE IN CIVIL CASES
No trial date is set. No testimonial
evidence is required nor cross-
examination of witnesses allowed. All
that is required is that within (10) days
from receipt by the parties of the
courts pre-trial order, they shall submit
(1) the affidavits of their witnesses (2)
and other evidence on the factual issues
set forth in the pre-trial order, Together
with their position papers setting forth
the law and the facts relied upon by
them.
Judgments of inferior courts in cases
governed by summary procedure are
appealable to the RTC.
The decision of the RTC in civil cases
under this rule, including ejectment
cases, are IMMEDIATELY executory.
KATARUNGANG PAMBARANGAY LAW
(Title One, Book III, RA 7160)
No complaint, petition, action, or
proceeding involving any matter within
the authority of the lupon shall be filed
or instituted directly in court or any
other government office for adjudication
UNLESS
1. there has been a confrontation
between the parties before the
lupon chairman or pangkat, AND
2. that no conciliation or
settlement has been reached OR
unless the settlement has been
repudiated by the parties
thereto.
CASES NOT COVERED BY THE
KATARUNGANG PAMBARANGAY LAW:
1. Where one party is the
government or any subdivision or
instrumentality thereof;
2. Where one party is a public
officer or employee, and the
dispute relates to the
performance of his official
functions;
3. Offenses punishable by
imprisonment exceeding 1 year
or a fine exceeding P5,000.00;
4. Offenses where there is no
private offended party;
5. Where the dispute involves real
properties located in different
cities or municipalities UNLESS
the parties thereto agree to
submit their differences to
amicable settlement by an
appropriate lupon;
6. Disputes involving parties who
actually reside in barangays of
different cities or municipalities,
EXCEPT where such barangay
units adjoin each other and the
parties thereto agree to submit
their differences to amicable
settlement by an appropriate
lupon;
7. Such other classes of disputes
which the President may
determine in the interest of
justice.
However, the court may, at any time
before trial, motu proprio refer the case
to the lupon concerned for amicable
settlement, non criminal cases not
falling within the authority of the
latter.
While the dispute is under mediation,
conciliation, or arbitration, the
prescriptive periods for offenses and
cause of action under existing laws shall
be interrupted upon filing of the
complaint with the punong barangay.
THE PARTIES MAY GO DIRECTLY TO
COURT IN THE FOLLOWING INSTANCES:
 1. Where the accused is under
detention;
2. Where the person has otherwise
been deprived of personal
liberty calling for habeas corpus
proceeding;
3. Where the actions are coupled
with provisional remedies such
as preliminary injunction,
attachment, delivery of
personal property, and support
pendente lite; and
4. Where the action may otherwise
be barred by the statute of
limitations.
The parties may, at any stage of the
proceedings, agree in writing to have the
matter in dispute decided by arbitration
by either the Punong Barangay or
Pangkat. In such case, arbitrational
hearings shall follow order of
adjudicative trials.
The settlement and arbitration
agreement may be repudiated on the
ground that consent is vitiated by fraud,
violence, or intimidation. Such
repudiation shall be sufficient basis for
the issuance of the certification for filing
a complaint in court or any government
office for adjudication.
RULES ON VENUE UNDER THE
KATARUNGANG PAMBARANGAY LAW
1. Disputes between residents of
the same barangay shall be
brought for settlement before
lupon of said barangay
2. Residents of different barangays
within the same city or
municipality in the barangay
where the respondent or any of
the respondents reside at the
election of the complainant
3. Disputes involving real property
or any interest therein- where
real property or larger portion
thereof is situated
contending parties are employed
or at the INSTITUTION where
such parties are enrolled for
study in the barangay where
such workplace or institution
located.
CHART ON KATARUNGANG PAMBARANGAY, SEE
PAGE 22.
PROCEDURE IN REGIONAL TRIAL
COURTS
RULE 6
KINDS OF PLEADINGS
Section 1. Pleadings defined.
PLEADINGS the written allegations of
the parties of their respective claims and
defenses submitted to the court for
appropriate judgment.
A motion to dismiss is NOT a pleading.
It is the allegations or averments in the
pleading that determines the jurisdiction
of the court and the nature of the
action.
PLEADING MOTION
It relates to the cause An application for an
of action; interested order not included in
in the matters to be the judgment
included in the
judgment.
May be initiatory Cannot be initiatory as
they are always made
in a case already filed
in court
Always filed before May be filed even
judgment after judgment

Section 3. Complaint.
COMPLAINT is a concise statement of
the ultimate facts constituting the
plaintiffs cause or causes of action,
4. Disputes arising at the
with
WORKPLACE where the
a specification of the relief sought, but
it may add a general prayer for such
further relief as may be deemed just or
equitable.
ULTIMATE FACTS - essential facts
constituting the plaintiffs cause of
action.
What are NOT ultimate facts:
1. Evidentiary or immaterial facts.
2. Legal conclusions, conclusions or
inferences of facts from facts
not stated, or incorrect
inferences or conclusions from
facts stated.
3. The details of probative matter
or particulars of evidence,
statements of law, inferences
and arguments.
4. An allegation that a contract is
valid or void is a mere conclusion
of law.
TEST OF SUFFICIENCY: if upon
admission or proof of the facts being
alleged, a judgment may be properly
given. A fact is essential if it cannot be
stricken out without leaving the
statement of the cause of action
insufficient.
Section 4. Answer
ANSWER the pleading where the
defendant sets forth his affirmative or
negative defenses.
2 kinds of defenses that may be set
forth in the answer:
a. AFFIRMATIVE DEFENSES
allegation of a new matter which
while hypothetically admitting the
material allegations in the pleading,
would nevertheless prevent or bar
recovery by him. It is in the nature
of Confession and Avoidance
b. NEGATIVE DEFENSES specific
denial of the material facts or facts
alleged in the pleading
Insufficient denial or denial amounting
to admissions:
1. General denial
2. Denial in the form of a
negative pregnant
Section 6. Counterclaim
COUNTERCLAIM any claim which a
defending party may have against an
opposing party.
Nature of counterclaim: A counterclaim
is in the nature of a cross-complaint.
Although it may be alleged in the
answer, it is not part of the answer.
Upon its filing, the same proceedings are
had as in the original complaint. For this
reason, it must be answered within ten
(10) days from service.
Section 7. Compulsory Counterclaim
RULES ON COUNTERCLAIM
A counterclaim before the MTC must be
within the jurisdiction of said court,
both as to the amount and nature
thereof (De Chua vs. IAC).
 KATARUNGANG PAMBARANGAY PROCEDURE

Filing of complaint
w/ the Punong
Barangay (PB)
W/in the next working day At any time during the
Proceedings

Issuance of Parties agree to

summons to submit the
the parties dispute for
arbitration
and the
witnesses

Arbitration Hearings
Mediation (hearing)

Failure of Settlement
mediation
efforts

Execution Repudiation of Award to be

Constitu- w/in 6 arbitration made after the
tion of the months from agreement lapse of the
Pangkat date thereof within 5 days period to
from date of repudiate and
agreement w/in 10 days
thereafter
Pangkat convenes not
later than 3 days
from its constitution
and summons the
Execution w/in
parties
6 months from
the date of the
Pangkat must
award
arrive at a Conciliation
settlement
w/in 15 days
(hearing)
from the day
it convenes
Repudiation of
Settlement settlement w/in 10 Note: Repudiation shall
days from date only be allowed on ground
thereof of vitiation of consent by
fraud, violence or
intimidation.
Execution w/in 6
months from the Failure of Conciliation
date of settlement ISSUANCE OF hearings at the Pangkat
CERTIFICATION FOR Level and of Arbitration
FILING OF A hearings shall also lead to
COMPLAINT IN COURT the issuance of
certification for filing a
complaint in court.
 claim.

It does not require for It may require for its

its adjudication the adjudication the
presence of third presence of third
parties of whom the parties over whom the
court cannot acquire court cannot acquire
jurisdiction. jurisdiction.

It is barred if not set It is NOT barred even

up in the action. if not set up in the
action.

Need not be Must be answered,

answered; no default. otherwise, the
defendant can be
declared in default.

GENERAL RULE: A compulsory

counterclaim not set up in the answer is
deemed barred.

EXCEPTION: If it is an after-acquired
counterclaim, that is, such claim
matured after filing of the answer. In
this case, it may be pleaded by filing an
amended answer or a supplemental
answer or pleading.

DOCTRINE OF ANCILLARY JURISDICTION Section 8. Cross-claim

In an original action before the RTC, the
counterclaim may be considered
compulsory regardless of the amount
(Sec. 7, Rule 6 ).
If a counterclaim is filed in the MTC in
excess of its jurisdictional amount, the
excess is considered waived (Agustin vs.
Bacalan). In Calo vs. Ajax Intl, the
remedy where a counterclaim is beyond
the jurisdiction of the
MTC is to set off the claims and file a
separate action to collect the balance.
CROSS-CLAIM any claim by one party
against a co-party arising out of the
transaction or occurrence that is the
subject matter either of the original
action or counterclaim.
If it is not set up in the action, it is
barred, except:
1. when it is outside the jurisdiction of
the court or;
2. if the court cannot acquire
jurisdiction over third parties whose
presence is necessary for the
adjudication of said cross-claim.

COMPULSORY PERMISSIVE In which case, the cross-claim is

COUNTERCLAIM COUNTERCLAIM considered permissive.

One which arises out It does not arise out of The dismissal of the complaint
of or is necessarily nor is it necessarily
connected with the connected with the
carries with it the dismissal of
transaction or subject matter of the a cross-claim which is purely
occurrence that is the opposing partys defensive, but not a cross-
subject matter of the claim.
opposing partys
claim seeking affirmative
relief. was not originally a
party.

Initiative is with the Initiative is with a

Cross Claim Counterclaim 3rd-party person already a party non-party who seeks
Complaint to the action. to join the action.

Against a co- Against an Against a TESTS to determine whether the third-

party opposing party person not a
party to the
action
Must arise out May arise out of Must be in
of the or be necessarily respect of
transaction connected with the
that is the the transaction opponents
subject matter or that is the claim
of the orig. subject matter (Plaintiff)
action or of a of the opposing
counterclaim partys claim, in
therein. which case, it is
called a
compulsory
counterclaim, or
it may not, in
which case it is
called a
permissive
counterclaim.
Section 10. Reply.
REPLY - the response of the plaintiff to
the defendants answer.
party complaint is in respect of
plaintiffs claim:
1. Where it arises out of the same
transaction on which the
plaintiffs claim is based, or,
although arising out of another
or different transaction, is
connected with the plaintiffs
claim;
2. Whether the third-party
defendant would be liable to the
plaintiff or to the defendant for
all or part of the plaintiffs claim
against the original defendant;
and
3. Whether the third-party
defendant may assert any
defenses which the third-party
plaintiff has or may have to the
plaintiffs claim.
Leave of court to file a third-party
complaint may be obtained by motion
under Rule 15.

EFFECT OF FAILURE TO REPLY: new Summons to new party (third, fourth,

facts that were alleged in the answer are
deemed controverted. Hence, the filing
of the reply is optional except for the
denial of the genuineness and due
execution of an actionable document
used as defense in the answer.
Section 11. Third (fourth, etc.) party
complaint.
THIRD (FOURTH,ETC.) PARTY
COMPLAINT a claim that a defending
party may, with leave of court, file
against a person not a party to the
action for contribution, indemnity,
subrogation or any other relief, in
respect of his opponents claim.
THIRD-PARTY COMPLAINT IN
COMPLAINT INTERVENTION
Brings into the action Same
a third person who
etc.) is needed for the court to obtain
jurisdiction over his person, since he is
not an original party.
Where the trial court has jurisdiction
over the main case, it also has
jurisdiction over the third party
complaint, regardless of the amount
involved as a third party complaint is
merely auxiliary to and is a continuation
of the main action (Republic v. Central
Surety & Insurance Co. L-27802, Oct. 26,
1968).
Section 12. Bringing new parties.
Distinguished from 3rd-party complaint:
A 3rd-party complaint is proper when not
one of the third-party defendants
therein is a party to the main action. But
if one or more of the defendants in a
counterclaim or cross-claim is already a
party to the action, then the other
necessary parties may be brought in
under this section.
RULE 7
PARTS OF A PLEADING
Section 3. Signature and address.
The signature of the counsel is a
certification that:
1. That he has read the pleading;
2. There is good ground to support
it; and
3. It is not interposed for delay
Only the original copies must be signed.
UNSIGNED PLEADING may be stricken
out as sham and false, and the action
may proceed as though the pleading has
not been served. It has no legal effect.
Section 4. Verification.
Pleadings need NOT be verified EXCEPT
when otherwise provided by the law or
rules.
A verification must now be based on
personal knowledge or based on
authentic records.
Section 5. Certification against forum
shopping.
FORUM SHOPPING the filing of a two or
more cases based on the same cause of
action in different courts for the purpose
of obtaining a favorable decision in
either.
Test to determine the presence of
forum-shopping: whether in the two (or
more) cases pending, there is identity of
(a) parties, (b) rights or causes of action,
and (c) reliefs sought.
The certificate is to be executed by
petitioner, and not by counsel.
Required ONLY for complaints
initiatory pleadings.
Certificate of non-forum shopping is not
required in a compulsory counterclaim
(UST Hosp. vs. Surla).
EFFECT OF FAILURE TO COMPLY:
1. Not curable by amendment of
said pleading
2. shall be cause for the dismissal
of the case, without prejudice,
unless otherwise provided, upon
motion and after hearing
EFFECT OF SUBMISSION OF FALSE
CERTIFICATION OR NON-COMPLIANCE
WITH THE UNDERTAKINGS THEREIN:
1. indirect contempt
2. administrative and criminal
actions
EFFECT OF WILFULL AND DELIBERATE
FORUM SHOPPING:
1. shall be ground for summary
dismissal of the case with
prejudice;
2. direct contempt.
RULE 8
MANNER OF MAKING ALLEGATIONS IN A
PLEADING
Pleadings should state ultimate facts
essential to the right of action.
ULTIMATE FACTS: those which directly
form the bases of the right sought to be
enforced or the defense relied upon.
If the ultimate facts are NOT alleged,
the cause of action would be
insufficient.
Section 4. Capacity.
Capacity to sue and be sued
or
either personally or in representative
capacity must be specifically averred by
the party suing or being sued, and
specifically denied by the party specifically deny under oath the same
questioning such capacity. results in:
1. The admission of the
Capacity is challenged by genuineness and due execution
specific denial, motion to dismiss or bill of said document, EXCEPT that
of particulars. an oath is not required:
a. When the adverse party was
Section 5. Fraud, mistake, condition of not a party to the
the condition instrument; and
b. When an order for the
FACTS THAT MAY BE AVERRED inspection of the original
GENERALLY: document was not complied
1. Conditions precedent (BUT there with.
must still be an allegation that 2. The document need not be
the specific condition precedent formally offered in evidence.
has been complied with,
otherwise, it will be dismissed GENUINENESS
for failure to state a cause of That the document is not spurious,
action) counterfeit, or of different import on its
2. Malice, intent, knowledge, or face from the one executed by the
other condition of the mind party, or that the party whose signature
3. Judgments of domestic or it bears has signed it and that at the
foreign courts, tribunals, boards, time it was signed it was in words and
or officers (no need to show figures exactly as set out in the
jurisdiction) pleadings.
4. Official document or act
DUE EXECUTION
FACTS THAT MUST BE AVERRED That the document was signed
PARTICULARLY: voluntarily and knowingly by the party
1. Circumstances showing fraud or whose signature appears thereon.
mistake in all averments of
fraud or mistake
2. Capacity
Defenses that the opposing party may
ACTIONABLE DOCUMENT written set up even after failure to deny under
instrument upon which the action or oath:
defense is based. 1. Mistake;
2. fraud;
Two permissible ways of pleading an 3. compromise;
actionable document: 4. payment;
1. By setting forth the substance of 5. prescription;
such document in the pleading 6. want or illegality of
and attaching said document consideration; or
thereto as an annex (contents of 7. estoppel
the document annexed are
controlling, in case of variance BUT the following defenses are
in the substance of the waived:
document set forth in the a. forgery in the signature;
pleading and in the document b. want of authority of an agent or
attached); or corporation;
2. By setting forth said document c. want of delivery; or
verbatim in the pleading. d. the party charged signed the
instrument in some other
Where the actionable document is capacity
properly alleged, the failure to
Section 10. Specific Denial

THREE WAYS OF MAKING A SPECIFIC
DENIAL:
1. By specifically denying each
material allegation of the other
party and, whenever possible,
setting forth the substance of
the matters relied upon for such
denial;
2. Part admission or part denial;
3. By an allegation of lack of
knowledge or information
sufficient to form a belief as to
the truth of the averment in the
opposing partys pleading (must
be made in good faith).
A denial must not be general. A general
denial is regarded as an admission of the
facts stated in the complaint and
entitles plaintiff to a judgment on the
pleadings.
EXCEPTIONS (not waived even if not
raised):
1. Lack of jurisdiction over the
subject matter
2. Litis pendentia
3. Res judicata
4. Prescription of the action
These defenses may be raised at any
stage of the proceedings even for the
first time on appeal EXCEPT that lack of
jurisdiction over the subject matter may
be barred by laches. (Tijam vs.
Sibonghanoy).
The presence of these grounds
authorizes the court to motu proprio
dismiss the claims. These grounds must,
however, appear from the pleadings or
the evidence on record.
Section 3.

NEGATIVE PREGNANT a form of denial DEFAULT the failure of the defendant

which at the same time involves an to answer within the proper period. It is
affirmative implication favorable to the not his failure to appear nor failure to
opposing party; It is in effect, an present evidence.
admission of the averment to which it is
directed; It is said to be a denial
pregnant with an admission of the
substantial facts in the pleading
responded to.
Section 11. Allegation not specifically ORDER OF JUDGMENT BY
denied deemed admitted. DEFAULT DEFAULT
issued by the court, Rendered by the court
GENERAL RULE: Allegations NOT on plaintiffs motion following a default
specifically denied deemed admitted for failure of the order or after it
(such as allegations of usury in the defendant to file his received, ex parte,
complaint, and the authenticity and due responsive pleading plaintiffs evidence.
seasonably.
execution of actionable documents).
Interlocutory - not Final appealable
EXCEPTIONS: appealable
1. Allegations as to the amount of
unliquidated damages
NO default may be declared in the
2. Immaterial allegations;
following actions:
3. Incorrect conclusions of fact.
1. Annulment of marriage
2. Declaration of nullity of
RULE 9
marriage
EFFECT OF FAILURE
3. Legal Separation
TO PLEAD
4. Special civil actions of certiorari,
prohibition and mandamus where
Section 1. Defenses and objections not
comment instead of an answer is
pleaded.
required to be filed
GENERAL RULE: Defenses and objections
that are not pleaded in a MOTION TO
The court cannot motu proprio declare a
DISMISS or in the answer are deemed
defendant in default. For defendant to
waived.
 be declared in default, the plaintiff defendant was declared in default upon
must: an original complaint, the filing of the
1. File a MOTION to declare amended complaint resulted in the
defendant in default withdrawal of the original complaint,
2. Prove that summons have been hence, the defendant was entitled to
properly served on the file answer to the amended complaint as
defendant to which he was not in default.
3. Prove that the defendant really
failed to answer within the EFFECT OF ORDER OF DEFAULT:
proper period. 1. While the party in default cannot
take part in the trial, he is
CAUSES OF DEFAULT nonetheless entitled to notice of
1. Failure to answer within the subsequent proceedings.
proper period 2. He may still be called on as a
2. Non-compliance with the order witness, in behalf of the non-
of the court to file a bill of defaulting defendants.
particulars or in case of
insufficient compliance
therewith (Rule 12, Section 4)
DEFAULT
3. Refusal to comply
After the
lapse of time with the modes of
to file an
answer, the Motion denied:
plaintiff may Defendant
move to allowed to file an
declare the answer
defendant in
default

Defendant
answers
Motion granted: discovery (Rule
Court issues order 29, Section 3,
of default and
renders judgment,
par. c)
or require plaintiff 4. Failure to furnish
to submit evidence plaintiff with a
ex parte. copy of the
answer

If
Court
maintains
Before judgment order of
by default is default
rendered,
defendant may: the
move to set aside
order of default PARTIAL DEFAULT:
upon showing: 1. The pleading asserting a claim
FAME
states a common cause of action
He has a
meritorious against several defending parties
defense 2. some of the defending parties
Avail of Rule 65 in answer and the others fail to do
proper cases so
3. the answer interposes a common
defense
Presentation
of plaintiffs EFFECT OF PARTIAL DEFAULT: The
evidence ex-
Court sets aside parte
court will try the case against ALL
order of default and
defendant is allowed
to file an answer

If plaintiff If plaintiff
proves his fails to prove
allegations, his allega-
judgment by tions, case is
Case set for default. dismissed.
pre-trial
defendants upon the answer of some deemed commenced upon the
EXCEPT where the defense is personal to filing of the original complaint;
the one who answered, in which case, it 2. If the amended complaint
will not benefit those who did not alleges a new cause of action,
answer. then that cause of action is
deemed commenced upon the
REMEDY FROM JUDGMENT BY DEFAULT filing of the amended
(FLOW CHART) complaint.

Judgment by default Section 2. Amendments as a matter of

right.

Amendment for the first time is a matter

Motion for new trial or reconsideration at
any time after service of judgment by
default and within 15 (30) days therefrom
of right before a responsive pleading is
filed, or in case of a Reply, within 10
days after it was served.

Since a motion to dismiss is NOT a

Failure to file motion for new trial/
Denial of said motion
Perfect appeal from said judgment by
default within the balance of said
15 (30) - day period
responsive pleading, an amendment may
be had even if an order of dismissal has
been issued as long as the amendment is
made before order of dismissal becomes
final.
Section 3. Amendments by leave of
court.

Instances when amendment by leave of

Failure to appeal without court may not be allowed:
defendants faulk 1. When cause of action, defense
EXTENT OF RELIEF TO BE AWARDED or theory of the case is changed;
IN A JUDGMENT BY DEFAULT: 2. Amendment is intended to
confer jurisdiction to the court;
Petition for relief from judgment within
3. Amendment to cure a premature
60 days from notice of the judgment but
within 6 months from entry thereof or non-existing cause of action;
4. Amendment for purposes of
Shall not exceed the amount OR delay.
be Section 5. Amendment to conform to
Annulment of Judgment or authorize presentation of evidence.
under Rule 47

different in kind from that prayed for
NOR award unliquidated damages.
RULE 10
AMENDED AND SUPPLEMENTAL
PLEADINGS
1ST PART: refers to amendment to
conform to evidence when issues NOT
raised by the pleadings are tried with
the express or implied consent of the
parties
- but failure to amend does NOT affect
the result of the trial of these issues

AMENDMENTS 2ND PART: refers to amendment to

authorize presentation of evidence if
Section 1. Amendments in general.
evidence is objected to at the trial on
the ground that it is not within the issues
When the complaint is amended, 2
made by the pleadings.
situations may arise:
1. If the complaint merely corrects
SUPPLEMENTAL PLEADINGS
or modifies the original
complaint, then the action is
A cause of action which accrued after
the filing of the original complaint may, Answer to the complaint
in the discretion of the court, be 1. Within 15 days after service of
pleaded in a supplemental complaint if summons, UNLESS a different period
there was a valid subsisting cause of is fixed by the Court (Sec. 1)
action at the time the original complaint
was filed. 2. In case the defendant is a foreign
private juridical entity:
a. if it has a resident agent
within 15 days after service
AMENDED SUPPLEMENTAL
of summons to him
PLEADING PLEADING b. if it has no resident agent,
but it has an agent or officer
Refers to facts Refers to facts arising in the Philippines within 15
existing at the time of after the filing of the
days after service of
the commencement original pleading.
of the action. summons to said agent or
officer
Take the place of the Taken together with c. if it has no resident agent
original pleading. the original pleading. nor agent nor officer in
which case service of
Can be made as a Always with leave of summons is to be made on
matter of right as court the proper government
when no responsive office which will then send a
pleading has yet been copy by registered mail to
filed
the home office of the
foreign private corporation
Section 7. Filing of amended pleadings. within 30 days after receipt
of summons by the home
The amended pleading supersedes the office of the foreign private
original pleading. entity.

An amendment which merely 3. In case of service of summons by

supplements and amplifies facts
originally alleged in the complaint
relates back to the date of the
commencement of the action and is not
barred by the statute of limitations
which expired after service of the
original complaint.
EFFECT OF AMENDED PLEADING:
1. Admissions in the superseded
pleading can still be received in
evidence against the pleader;
2. Claims or defenses alleged
therein but not incorporated or
reiterated in the amended
pleading are deemed waived.
The amended or superseded, original
pleading is not expunged but remains on
the record although the admission of the
amended pleading amounts to
withdrawal of the original pleading.
RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
publication within the time
specified in the order granting leave
to serve summons by publication,
which shall NOT be less than 60 days
after notice (Rule 14, Sec.15).
4. In case of a non-resident defendant
on whom extraterritorial service of
summons is made, the period to
answer should be at least 60 days.
The court may extend the time to file
the pleadings BUT may NOT shorten
them.
The 15-day period begins to run from
receipt of summons.
Section 3. Answer to amended
complaint.
1. If the filing of an amended
complaint is a matter of right -
within 15 days from service of
the amended complaint.
 2. If the filing of the amended
complaint is NOT a matter of
right within 10 days counted
from notice of the court order
admitting the same.
If no new answer is filed by the
defendant in case an amendment has
been made after he had filed his answer,
the original answer of the defendant
may serve as the answer to the amended
complaint, and hence, cannot be
declared in default.
Section 5. Answer to third (fourth,
etc.)-party complaint.
The third-party defendant is served with
summons just like the original
defendant, hence, he also has 15, 30, 60
days from service of summons, as the
case may be, to file his answer.
Section 7. Answer to supplemental
complaint.
Leave of court is required in filing, the
court may fix a different period for
answering the supplemental complaint in
lieu of the reglementary 10-day period.
Section 10. Omitted counterclaim or
cross-claim.
The pleader may set up a counterclaim
or cross-claim by amendment before
judgment when he fails to set it up by
reason of oversight, inadvertence, or
excusable neglect ort when justice
requires. Leave of court is necessary.
RULE 12
BILL OF PARTICULARS
BILL OF PARTICULARS- a more definite
statement of any matter which appears
vague or obscure in a pleading.
PURPOSE: to aid in the preparation of a
responsive pleading.
Motion for bill of particulars must be
filed within the reglementary period for
the filing of a responsive pleading. The
filing of a motion if sufficient in form
and substance, will interrupt the time to
plead.
The motion for bill of particulars may be
granted in whole or in part as not all the
allegations questioned by the movant
are necessarily ambiguous as to require
clarification.
A bill of particulars may be filed either
in a separate or an amended pleading.
A bill of particulars becomes part of the
pleading which it supplements.
EFFECTS OF MOTION
1. If the motion is granted, the
movant can wait until the bill of
particulars is served on him by
the opposing party and then he
will have the balance of the
reglementary period within
which to file his responsive
pleading.
2. If his motion is denied, he will
still have such balance of the
reglementary period to do so,
counted from service of the
order denying his motion. In
either case, he will have at least
5 days to file his responsive
pleading.
Effect of non-compliance:
1. If the Order is not obeyed or in
case of insufficient compliance
therewith, the court:
a. may order the striking
out of the pleading or
the portion thereof to
which the order is
directed; or
b. make such order as it
may deem just.
2. If plaintiff, his compliant will be
stricken off and dismissed (Rule
12, sec. 4; Rule 17, sec. 3)
3. If defendant, his answer will be
stricken off and his counterclaim
dismissed, and he will be
declared in default upon motion
of the plaintiff (Rule 12, sec. 4;
Rule 17, sec. 4; Rule 9, sec. 3).
RULE 13
 FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS
Notice given to a party who is duly
represented by counsel is a nullity,
unless service thereof on the party
himself was ordered by the court or the
technical defect was waived.
Section 3. Manner of filing.
1. Personally
2. by registered mail
Filing by mail should be through the
registry service which is made by deposit
of the pleading in the post office, and
not through other means of
transmission.
If registry service is not available in the
locality of either sender or addressee,
service may be done by ordinary mail.
If a private carrier is availed of by the
party, the date of actual receipt by the
court of such pleading and not the date
of delivery to the carrier, is deemed to
be the date of the filing of that
pleading.
NOTE: PERSONAL and SUBSTITUTED
service as applied to pleadings have a
different meaning compared to summons
under Rule 14.
MODES OF SERVICE
PLEADINGS
1. PERSONAL SERVICE
a. Delivering personally a copy to
the party or his counsel or;
b. Leaving a copy in counsels
office with his clerk or with a
person having charge thereof or;
c. Leaving the copy between 8 a.m.
and 6 p.m. at the partys or
counsels residence, if known,
with a person of sufficient age
and discretion residing therein---
if no person found in his office,
or if his office is unknown, or if
he has no office.
2. SERVICE BY MAIL
If no registry service is available in the
locality, of either sender or addressee,
service may be done by ordinary mail.
3. SUBSTITUTED SERVICE
Delivering the copy to the clerk of court
with proof of failure of both personal
and service by mail.
JUDGMENTS, FINAL ORDERS,
RESOLUTIONS (Sec.9)
1. By personal service; or
2. By registered mail;
3. By publication, if party is
summoned by publication and
has failed to appear in the
action.
They can be served only under the three
modes.
They CANNOT be served by substituted
service.
NOTE: A resort to modes other than by
personal service must be accompanied
by a written explanation why the
service or filing was not done personally
(Sec. 11).
Section 10. Completeness of service.
1. Personal service
a. by handling a copy to defendant;
or
b. tendering him copy if he refuses;
c. complete upon actual delivery
2. Service by ordinary mail:
Complete upon expiration of 10
days after mailing, unless the
court provides otherwise.
3. Service by registered mail:
a. Complete upon actual receipt by
the addressee; or
b. After 5 days from the date he
received the 1st notice of the
postmaster, whichever date is
earlier.
Section 12. Proof of filing.
Filing is proved by its existence in the
record of the case.

If it is not in the record, and:
If filed personally: proved by the
written or stamped acknowledgment of
its filing by the clerk of court on a copy
of the same; or
If filed by registered mail: proved by
-the registry receipt and the affidavit of
the person who did the mailing.
Section 13. Proof of service
1. Proof of personal service:
a. Written admission of the party
served; or
b. Official return of the server; or
c. Affidavit of the party serving.
2. Proof of service by ordinary mail:
Affidavit of the person mailing;
3. Proof of service by registered mail:
a. Affidavit, and
b. Registry receipt issued by the
mailing office.
Section 14. Notice of lis pendens.
LIS PENDENS - a notice of a pendency of
the action between the parties involving
title to or right of possession over real
property.
It serves as a warning to all persons,
prospective purchasers or
encumbrancers of the property in
litigation to keep their hands off the
property in litigation unless they are
prepared to gamble on the result of the
proceedings.
The defendant may also record a notice
of lis pendens when he claims an
affirmative relief in his answer.
Notice of lis pendens CANNOT be
cancelled on an ex parte motion or upon
the mere filing of a bond by the party on
whose title the notice is annotated, as
section 14 provides that such
cancellation may be authorized ONLY
upon order of court, after proper
showing that:
1. The notice is for the purpose of
molesting the adverse party; or
2. It is not necessary to protect the
rights of the party who caused it
to be recorded.
RULE 14
SUMMONS
PURPOSE OF SUMMONS:
1. to acquire jurisdiction over the
person of the defendant, and;
2. to give notice to the defendant
that an action has been
commenced against him.
EFFECT OF NON-SERVICE: Unless there
is waiver, non-service or irregular
service renders null and void all
subsequent proceedings and issuances in
the action from the order of default up
to and including the judgment by default
and the order of execution.
Where the defendant has already been
served with summons on the original
complaint, no further summons is
required on the amended complaint if it
does not introduce new causes of action.
But where the defendant was declared in
default on the original complaint and the
plaintiff subsequently filed an amended
complaint, new summons must be served
on the defendant on the amended
complaint, as the original complaint was
deemed withdrawn upon such
amendment.
Section 3. By whom served.
Summons may be served by:
1. Sheriff
2. Sheriffs deputy, or
3. Other proper court officers, or
4. For justifiable reasons, by any
suitable person authorized by
the court issuing the summons.
Enumeration is EXCLUSIVE.
ALIAS SUMMONS issued when original
has not produced its effect because it is
defective in form or manner of service,
and when issued, supersedes the first
(Section 5).
KINDS OF SERVICE OF SUMMONS: enumeration is
1. personal service EXCLUSIVE.
2. substituted service
3. by publication Service upon Serve on resident agent ;
foreign private or if none; on govt
juridical entity official designated by law;
In actions in personam where the or
defendant cannot be served with on any officer or agent of
summons personally or by substituted the corporation within the
service, the case must first be converted Philippines.
into an in rem or quasi in rem action by
attaching the property of the defendant Service upon in case defendant is the
found in the Philippines before summons public Republic of the Philippines
can be served by publication. If no corporations - by serving upon the
property can be found, the action shall Solicitor General
in case of a province, city
be archived but shall not be dismissed.
or municipality, or like
(Citizens Surety vs. Court Appeals) public corporations by
serving on its executive
SERVICE OF SUMMONS ON DIFFERENT head, or on such other
ENTITIES officer or officers as the
law or the court may
Service on entity Upon any or all direct.
w/o juridical defendants being sued
personality under common name; or Extraterritorial Requisites
person in charge of office service a. defendant does
not reside or is
Service upon In case of minors: by not found within
minors and serving upon the minor, the Phil.
incompetents regardless of age, AND b. he action either:
upon his legal guardian, or affects the
also upon either of his personal status of
parents. plaintiff;
In case of incompetents: relates to or the
by serving on him subject of which is
personally AND upon his property within the
legal guardian, but not Philippines in
upon his parents, unless which defendant
when they are his legal has a lien or
guardians interest;
IN ANY EVENT, if the
minor or incompetent has
no legal guardian, the

plaintiff must obtain the

appointment of a guardian
ad litem for him.

Service upon Serve on officer having

prisoner management of the jail or
prison

Service upon To the president,

domestic private managing partner, general
juridical entity manager, corporate
ENTITY secretary, treasurer, or
in-house counsel.
NOTE: Service upon a
person other than those
mentioned is invalid and
does not bind the
corporation. The
 demands a relief over the person of the defendant shall
which consists NOT be deemed a voluntary
wholly or in part in appearance.
excluding the
defendant from
RULE 15
any interest in any
property within the MOTIONS
Phil; or
property of
defendant has MOTION is an application for relief
been attached in other than by a pleading.
the Phil.
GENERAL RULE: Motions must be in
Mode of service writing.
a. with leave of court
EXCEPTION: Those made in open court
served outside the
Phil. By personal or in the course of hearing or trial.
service; or
b.with leave of court KINDS OF MOTIONS
serve by publication
in a newspaper of a. motion EX PARTE- made without
general circulation, the presence or a notification to the
in which case copy of other party because the question
the summons and generally presented is not
order of court must
debatable.
also be sent by
registered mail to
the last known b. motion OF COURSE where the
address of movant is entitled to the relief or
defendant; or remedy sought as a matter of
c. any other manner the discretion on the part of the court.
court deem
sufficient. c. LITIGATED motion one made with
notice to the adverse party to give
an opportunity to oppose.
Service upon a Substituted service or
resident with leave of court,
temporarily out of personal service out of d. SPECIAL motion- motion addressed
the Phil. the Phil. as under to the discretion of the court.
extraterritorial service
GENERAL RULE: A motion cannot pray
Service upon an With leave of court, by for judgment.
unknown publication in a EXCEPTIONS:
defendant or newspaper of general 1. Motion for judgment on the
whose circulatiuon
pleadings
whereabouts are
unknown
2. Motion for summary judgment
3. Motion for judgment on
demurrer to evidence.
Section 20. Voluntary appearance.
Section 4. Hearing on motion.
Any form of appearance in court, by the 3-DAY NOTICE RULE
defendant, by his agent authorized to do GENERAL RULE: Service of the copy of
so, or by attorney, is equivalent to motions should be made in such a
service of summons EXCEPT where such manner as shall ensure its receipt at
appearance is precisely to object to the least 3 days before the hearing.
jurisdiction of the court over the person EXCEPTIONS:
of the defendant. 1. Ex parte motions
2. Urgent motions
Inclusion in a motion to dismiss of other 3. Motions agreed upon by the
grounds aside from lack of jurisdiction parties to be heard on shorter
 notice or jointly submitted by 9. Claim or demand has been paid,
the parties, and waived, abandoned, or
4. Motions for summary judgment otherwise extinguished
which must be served at least 10 10. Claim is unenforceable under the
days before its hearing Statute of Frauds
5. Non-litigated motions. 11. Non-compliance
with a condition
Section 5. Notice of hearing.
NOTICE OF HEARING shall: precedent for filing
1. Be addressed to all parties claim
concerned
2. Specify the time and date of the
hearing which must not be later
MOTION TO DISMISS MOTION TO DISMISS
than 10 days after the filing of
the motion UNDER RULE 16 UNDER RULE 33
(demurrer to
NOTE: Any motion that does not comply evidence)
with Sections 4, 5 and 6 of this Rule is a
mere scrap of paper, should not be Grounded on based on insufficiency
accepted for filing and, if filed, is not preliminary of evidence.
entitled to judicial cognizance and does objections.
not affect any reglementary period
involved for the filing of the requisite may be filed by any May be filed only by
pleading. defending party the defendant against
against whom a claim the complaint of the
is asserted in the plaintiff.
Omnibus Motion Rule - All available action.
grounds for objection in attacking a
pleading, order, judgment, or should be filed within May be filed only after
proceeding should be invoked at one the time for but prior the plaintiff has
time, otherwise, they shall be deemed to the filing of the completed the
waived. answer of the presentation of his
defending party to the evidence.
Motion for leave to file a pleading or pleading asserting the
motion shall be accompanied by the claim against him.
pleading or motion sought to be
If denied, defendant If denied, defendant
admitted, otherwise, the latter will be
answers, or else he may present evidence
denied. may be declared in if granted, plaintiff
default appeals and the Order
RULE 16 If granted, plaintiff of the dismissal is
MOTION TO DISMISS may appeal or if reversed, the
subsequent case is not defendant loses his
A Motion to Dismiss is NOT a responsive barred, he may re-file right to present
pleading. the case evidence.

Section 1. Grounds. Effect of motion to dismiss: A motion to

1. No jurisdiction over the person
of the defending party
2. No jurisdiction over the subject
matter of the claim
3. Improper venue
4. No legal capacity to sue
5. Litis pendentia
6. Res judicata
7. Prescription
8. States no cause of action
dismiss hypothetically admits the truth
of the facts alleged in the complaint.
However, such admission is limited only
to all material and relevant facts which
are well pleaded in the complaint.
An action cannot be dismissed on a
ground not alleged in the motion even if
said ground is provided for in Rule 16.
EXCEPT:
1. Those cases where the court may
dismiss a case motu proprio
(Sec. 1, Rule 9)
2. Such ground appears in the
allegations of the complaint or in
plaintiffs evidence
REQUISITES OF LITIS PENDENTIA
1. Parties to the action are the
same
2. There is substantial identity in
the cause of action and relief
sought
3. The result of the first action is
determinative of the second in
any event and regardless of
which party is successful
Motion to dismiss may be filed in either
suit, not necessarily in the one instituted
first.
REQUISITES OF RES JUDICATA
1. Previous final judgment
2. Jurisdiction over the subject
matter and the parties by the
court rendering it
3. Judgment upon the merits
4. In a case prosecuted between
same parties
5. Involving the same subject
matter
6. Same cause of action
There could be res judicata without a
trial, such as in a judgment on the
pleadings (Rule 34); a summary
judgment (Rule 35); or an order of
dismissal under Section 3 of Rule 17.
When the ground for dismissal is that the
complaint states no cause of action, such
fact can be determined only from the
facts alleged in the complaint.
Where the plaintiff has not exhausted
all administrative remedies, the
complaint not having alleged the fact of
such exhaustion, the same may be
dismissed for failure to state a cause of
action.
Non-compliance with P.D. 1508
(Katarungang Pambarangay Law) may
result to dismissal of the case on the
ground of non-compliance with a
condition precedent.
An action cannot be dismissed on the
ground that the complaint is vague or
indefinite. The remedy of the defendant
is to move for a bill of particulars or
avail of the proper mode of discovery.
GENERAL TYPES OF A MOTION TO
DISMISS
1. motion to dismiss before answer
under Rule 16
2. motion to dismiss under Rule 17
a. upon notice by plaintiff
b. upon motion of plaintiff
c. due to fault of plaintiff
3. motion to dismiss on demurrer to
evidence after plaintiff has rested
his case under Rule 33
4. motion to dismiss the appeal filed
either in the lower court (Rule
41,Sec. 13) or in the appellate
court (Rule 50, Sec.1 ).
EFFECTS OF REMEDY
ACTION ON MTD
Order granting motion Appeal from the order
to dismiss is final of dismissal
order
Order denying the Certiorari and
motion to dismiss is prohibition if there is
interlocutory grave abuse of
discretion amounting
to lack or excess of
jurisdiction under Rule
65
Section 4. Time to plead.
Defendant is granted only the balance of
the reglementary period to which he was
entitled at the time he filed his motion
to dismiss, counted from his receipt of
the denial order, but not less than 5 days
in any event.
The same rule of granting only the
balance of the period is followed where
the court, instead of denying the motion
to dismiss, orders the amendment of the
pleading challenged by the motion, in
which case, the balance of the period to
answer runs from his receipt of the
amended pleading.
Section 5. Effect of dismissal
GENERAL RULE: The action or claim may
be refiled.
EXCEPTION: The action cannot be
refiled if it was dismissed on any of
these grounds:
1. Res judicata;
2. Prescription;
3. Extinguishment of the claim
or demand;
4. Unenforceability under the
Statute of Frauds.
Section 6. Pleading grounds as
affirmative defenses.
If no motion to dismiss had been filed,
any of the grounds for dismissal provided
for in Rule 16, INCLUDING IMPROPER
VENUE, may be pleaded as affirmative
defenses and preliminarily heard in the
discretion of the court.
Dismissal under this section WITHOUT
prejudice to the prosecution in the same
or separate action of a COUNTERCLAIM
pleaded in the answer
RULE 17
DISMISSAL OF ACTIONS
Section 1. Dismissal upon notice by
plaintiff.
Dismissal is effected not by motion but
by mere NOTICE of dismissal which is a
matter of right BEFORE the defendant
has answered or moved for a summary
judgment.
But notice of dismissal requires an order
of the court confirming the dismissal.
Such dismissal is WITHOUT PREJUDICE,
EXCEPT:
1. Where the notice of dismissal so
provides;
2. Where the plaintiff has previously
dismissed the same case in a
court of competent jurisdiction
(TWO-DISMISSAL RULE);
3. Even where the notice of dismissal
does not provide that it is with
prejudice but it is premised on
the fact of payment by the
defendant of the claim
involved.
Section 2. Dismissal upon motion of
plaintiff.
Where the plaintiff moves for the
dismissal of his complaint to which a
counterclaim has been interposed, the
dismissal shall be limited to the
complaint.
Such dismissal shall be without prejudice
to the right of the defendant to either:
1. Prosecute his counterclaim in a
separate action,
In this case, the court should
render the corresponding order
granting and reserving his right
to prosecute his claim in a
separate complaint.
-OR-
2. To have the same resolved in the
same action.
In such case, defendant must
manifest such preference to the
trial court within 15 days from
notice to him of plaintiffs
motion to dismiss.
These alternative remedies of the
defendant are available to him
REGARDLESS OF WHETHER HIS
COUNTERCLAIM IS COMPULSORY OR
PERMISSIVE.
Dismissal under this rule is WITHOUT
PREJUDICE, EXCEPT:
1. When otherwise stated in the
motion to dismiss;
2. When stated to be with
prejudice in the order of the
court.
The approval of the court is necessary in
the dismissal or compromise of a class
suit.
Section 3. Dismissal due to fault of
plaintiff.

CAUSES FOR DISMISSAL
1. Plaintiff fails to appear for no
justifiable cause on the date of
the presentation of his evidence
in chief on the complaint
2. Plaintiff fails to prosecute his
action for an unreasonable
length of time (NOLLE
PROSEQUI)
3. Plaintiff fails to comply with
these Rules or any order of the
court. Unjustifiable inaction on
the part of plaintiff to have the
case set for trial is a ground for
dismissal for failure to
prosecute.
in the same action
RULE 18
PRE-TRIAL
PRE-TRIAL- a mandatory conference and
personal confrontation before the judge
between the parties and their respective
counsel.
The plaintiff must promptly move ex
parte that the case be set for pre-trial ,
and this he must do upon the service and
filing of the last pleading.

Complaint may be dismissed The pre-trial and trial on the merits of

1. Upon motion of the defendant, the case must be held on separate
or dates.
2. Upon courts own motion.
When non-appearance of a party may
Dismissal shall have the effect of an be excused (Sec.4):
ADJUDICATION UPON THE MERITS 1. If a valid cause is shown
(WITH PREJUDICE), unless otherwise therefore
declared by the court. 2. If a representative shall appear
in his behalf fully authorized in
writing to:
a. Enter into an amicable
settlement
SECTION 2 SECTION 3 b. Submit to alternative modes
of dispute resolution
Dismissal is at the Dismissal is not
c. Enter into stipulations or
instance of the procured by plaintiff
plaintiff; though justified by admissions of facts and of
causes imputable to documents
him;
A special authority for an attorney to
Dismissal is a matter Dismissal is a matter compromise is required under Sec. 23,
of procedure, without of evidence, an Rule 138. Under Art. 1878 (c) of the
prejudice unless adjudication on the Civil Code, a special power of attorney
otherwise stated in merits; is required.
the order of the court
or on plaintiffs
motion to dismiss his
own complaint;

Dismissal is without Dismissal is without

prejudice to the right prejudice to the right
of the defendant to of the defendant to
prosecute his prosecute his
counterclaim in a counterclaim on the
separate action unless same or separate
w/in 15 days from action.
notice of the motion
he manifests his
intention to have his
counterclaim resolved
 PRE-TRIAL

EFFECT OF NON-APPEARANCE
OF PLAINTIFF: No Amicable Failure to
Cause for dismissal of the Settlement Settlement Appear
action, with prejudice, unless
otherwise ordered by the court.
Agreements
EFFECT OF NON- made by parties; If plaintiff is If defendant
APPEARANCE OF Amendments to Absent, when is absent,
DEFENDANT: pleading; so required to court may
Cause to allow the plaintiff Schedule of trial attend, the hear evidence
to present evidence ex parte court may of plaintiff
and the court to render judgment on dismiss the ex parte
case
the basis thereof.

Pre-trial brief. It is the

mandatory duty of the parties TRIAL
to seasonably file their pre-
trial briefs under the conditions and with If evidence is insufficient to
the sanctions provided therein. prove plaintiffs cause of
Court action or defendants
Failure to file pre-trial brief has the renders counterclaim, court rules in
same effect as failure to appear at the decision favor of either one or
dismisses the case
pre-trial.

Record of pre-trial. The contents of the

PRE-TRIAL order shall control the
subsequent course of the action, UNLESS
modified before trial to prevent
manifest injustice.

A party is deemed to have waived the

delimitations in a pre-trial order if he
failed to object to the introduction of
evidence on an issue outside of the pre-
trial order, as well as in cross-examining
the witness in regard to said evidence.

FOR CHART ON PRE-TRIAL PLS. SEE THE NEXT

PAGE.

RULE 19
INTERVENTION

WHO may intervene?


1. One who has legal interest in the
matter in litigation
2. One who has legal interest in the
success of either of the parties,
3. One who has an interest against
both parties
4. One who is so situated as to be
adversely affected by
distribution or other disposition
of property in the custody of the
court or of an officer thereof.
FACTORS TO BE CONSIDERED BY THE
COURT
1. Whether or not the intervention
will unduly delay or prejudice
the adjudication of the rights of
the original parties;
2. Whether or not the intervenors
rights may be fully protected in
a separate proceeding.
The interest which entitles a person to
intervene in a suit must be on the
matter in litigation and of such direct
and immediate character that the
intervenor will either gain or lose by the
direct legal operation and effect of the
judgment.
INTERVENTION INTERPLEADER
An ancillary action. An original action.
Proper in any of the Presupposes that the
four situations plaintiff has no
mentioned in this interest in the subject
Rule. matter of the action
or has an interest
therein, which in
whole or in part, is not
a disputed by the other
parties to the action.
Defendants are Defendants are being
already original sued precisely to
parties to the pending implead them
suit
Section 2. Time to intervene.
At any time before rendition of
judgment by the trial court.
JUSTIFICATION: Before judgment is
rendered, the court, for good cause
shown, may still allow the introduction
of additional evidence and that is still
within the liberal interpretation of the
period for trial.
Since no judgment has yet been
rendered, the matter subject of the
intervention may still be readily resolved
and integrated in the judgment disposing
of all claims in the case.
REMEDIES FOR THE DENIAL OF
INTERVENTION:
1. APPEAL
2. MANDAMUS if there is grave
abuse of discretion
If there is improper granting of
intervention, the remedy of the party is
certiorari.
RULE 21
SUBPOENA
SUBPOENA SUMMONS
an order to appear and Order to answer
testify or to produce complaint
books and documents
may be served to a Served on the
non-party defendant
needs tender of does not need tender
kilometrage, of kilometrage and
attendance fee and other fees
reasonable cost of
 production fee
SUBPOENA AD TESTIFICANDUM a
process directed to a person requiring
him to attend and to testify at the
hearing or the trial of an action, or at
any investigation conducted by
competent authority, or for the taking of
his deposition.
SUBPOENA DUCES TECUM a process
directed to a person requiring him to
bring with him books, documents, or
other things under his control.
Section 2. By whom issued
WHO may issue
1. Court before whom the witness
is required to attend
2. Court of the place where the
deposition is to be taken
3. Officer or body authorized by
law to do so in connection with
investigations conducted by said
officer or body
4. Any Justice of the SC or of the
CA in any case or investigation
pending within the Philippines.
SUBPOENA TO A PRISONER must be for
a valid purpose; if prisoner required to
appear in court is sentenced to death,
reclusion perpetua or life imprisonment
and is confined in prison must be
authorized by the SC.
Section 4. QUASHING A SUBPOENA.
A. Subpoena DUCES TECUM may be
quashed upon proof that:
1. It is unreasonable and
oppressive;
2. The articles sought to be
produced do not appear prima
facie to be relevant to the
issues;
3. The person asking for the
subpoena does not advance the
cost for the production of the
articles desired.
B. Subpoena AD TESTIFICANDUM may
be quashed if the witness is not bound
thereby.
In EITHER case, the subpoena may be
quashed for failure to tender the witness
fees and kilometrage allowed by the
Rules.
GENERAL RULE
a. The court which issued the
subpoena may issue a warrant
for the arrest of the witness and
make him pay the cost of such
warrant and seizure, if the court
should determine that his
disobedience was willful and
without just cause (Sec. 8);
b. The refusal to obey a subpoena
without adequate cause shall be
deemed a contempt of the court
issuing it (Sec.9).
Exceptions:
Provisions regarding the compelling of
attendance (Sec. 8) and contempt (Sec.
9) does not apply where:
a. Witness resides more than 100
km from his residence to the
place where he is to testify by
the ordinary course of travel,
generally, by overland
transportation (VIATORY
RIGHT).
b. Permission of the court in which
the detention prisoners case is
pending was not obtained.
RULES OF DISCOVERY
DISCOVERY - is the procedure by which
one party in an action is enabled to
obtain before trial knowledge of
relevant facts and of material evidence
in the possession of the adverse party or
of a witness.
Rationale of discovery: to enable the
parties to obtain the fullest possible
knowledge of the issues and evidence
long before the trial to prevent such
trial from being carried on in the dark.
Modes of discovery under the Rules of
Court
1. Depositions pending action (Rule
23).
2. Depositions before action or
pending appeal (Rule 24).
3. Interrogatories to parties (Rule
25).
 4. Admission by adverse party (Rule
26).
5. Production or inspection of
documents, or things (Rule 27).
6. Physical and mental examination
of persons (Rule 28).
Discovery before answer.
It is only in the exceptional or unusual
case that the need for discovery arises,
or that it should be allowed before
service of answer.
Modes of Discovery are intended to be
CUMULATIVE, and not alternative nor
mutually exclusive.
Discovery is NOT MANDATORY but failure
to avail carries sanctions in Rules 25 and
26.
WITH LEAVE OF COURT
1. after jurisdiction has been
obtained over any defendant or
over the property which is the
subject of the action and
BEFORE answer.
2. Deposition of a person confined
in prison.
WITHOUT LEAVE OF COURT
AFTER answer AND deponent is not
confined in prison.
Section 4. Use of depositions.
Where the witness is available to testify
and the situation is not one of those
excepted under Sec. 4, his deposition is
inadmissible in evidence and he should
be made to testify.

It can be used as evidence by a party for

RULE 23 any purpose under the specific
DEPOSITIONS PENDING ACTION conditions in Sec. 4.

DEPOSITION is a written testimony of a

witness given in the course of a judicial DEPONENT USE
proceeding in advance of the trial or
hearing upon oral examination or in Any person By any party for
response to written interrogatories and contradicting or
impeaching the
where an opportunity is given for cross-
testimony of deponent
examination. as witness

Depositions are intended as a means to
compel disclosure of facts resting in the
knowledge of a party or other person,
which are relevant in a suit/proceeding.
CLASSIFICATIONS OF DEPOSITIONS
1. Depositions on ORAL
EXAMINATION and Depositions
upon WRITTEN
INTERROGATORIES
2. Depositions DE BENE ESSE -
those taken for purposes of a
pending action (Rule 23) ; and
3. Depositions IN PERPETUAM REI
MEMORIAM - those taken to
perpetuate evidence for
purposes of anticipated action,
or in the event of further
proceedings in a case on appeal,
and to preserve it against danger
of loss (Rule 24).
WHEN TAKEN
A party or any one By an adverse party for
who at the time of any purpose
the deposition was
an OFFICER,
DIRECTOR, or
MANAGING AGENT of
a public or private
corp., partnership,
or association which
is a party
Witness, whether or By any party for any
not a party purpose if the court
finds the 5 instances
occurring
SCOPE OF INQUIRY IN DEPOSITIONS:
1. Matter which is relevant to the
subject of the pending action;
2. Not privileged
3. Not restricted by a protective
order
Certiorari will not lie against an order foreign country to take
admitting or rejecting a deposition in down testimony
evidence, the remedy being an appeal Applicable rules of Applicable rules of
from the final judgment. procedure are those of procedure are those of
the requesting court the foreign court
requested to act
Section 7. Effect of taking depositions.
Resorted to if Resorted to if the
permission of the execution of the
A party shall not be deemed to make a foreign country is commission is refused in
person his own witness for any purpose given the foreign country
by taking his deposition because Leave of court is not Leave of court is
depositions are taken for discovery and necessary necessary
not for use as evidence.
Section 18. Motion to terminate or
Exception: If a party offers the limit examination.
deposition in evidence, then he is
deemed to have made the deponent his MAY BE FILED:
witness (Sec.8) 1. any time during the taking of the
deposition
Exception to the Exception: Unless the 2. on motion or petition of any
deposition is that of any adverse party, party or of the deponent; or
and unless, of course, the deposition is 3. upon showing that the
used for impeaching or contradicting the examination is conducted in :
deponent (Sec.8). a. bad faith
b. in such manner as
Section 10 and 11. Persons before unreasonably to annoy,
whom depositions may be taken. embarrass, or oppress
the deponent or party
WITHIN THE PHILIPPINES:
1. judge
2. notary public RULE 24
3. any person authorized to DEPOSITIONS BEFORE ACTION OR
administer oaths, as stipulated PENDING APPEAL
by the parties in writing
Depositions under this Rule are also
OUTSIDE THE PHILIPPINES: taken conditionally, to be used at the
1. on notice, before a secretary of trial only in case the deponent is not
embassy or legation, consul available.
general, consul, vice-consul, or
consular agent of the Phil. Depositions under this Rule do not prove
2. before such person or officer as the existence of any right and the
may be appointed by commission testimony perpetuated is not in itself
or letters rogatory conclusive proof, either of the existence
3. any person authorized to of any right nor even of the facts to
administer oaths, as stipulated which they relate, as it can be
by the parties in writing controverted at the trial in the same
manner as though no perpetuation of
Section 12. Commission or letters testimony was ever had. However, in the
rogatory. absence of any objection to its taking,
and even if the deponent did not testify
at the hearing, the perpetuated
COMMISSION LETTERS ROGATORY testimony constitutes prima facie proof
Issued to a non- Issued to the of facts referred to in the deposition.
judicial foreign officer appropriate judicial
who will directly take officer of the foreign Section 6. Use of deposition.
the testimony country who will direct
somebody in said
If deposition is taken under this Rule, it
may be used in any action involving the
SAME SUBJECT MATTER subsequently
brought.
Section 7. Depositions pending appeal.
Sec. 7 is the procedure in perpetuating
testimony AFTER JUDGMENT IN THE RTC
and DURING THE PENDENCY OF AN
APPEAL.
Section 6. Effect of failure to serve
written interrogatories.
Rule 25 and Rule 26 are directed to the
party who fails and refuses to RESORT to
the discovery procedures, and should not
be confused with the provisions of Rule
29 which provides for sanctions or other
consequences upon a party who refuses
or fails to COMPLY with discovery
procedures duly availed of by opponent.

RULE 25
INTERROGATORIES TO PARTIES
The justification for this provision is that
PURPOSE of Written Interrogatories: to the party in need of relevant facts
elicit facts from any adverse party having foregone the opportunity to
(answers may also be used as admissions inquire into the same from the other
of the adverse party) party through means available to him, he
should not thereafter be permitted to
Written interrogatories and unduly burden the latter with courtroom
the answers thereto must both appearances or other cumbersome
processes.
be FILED and SERVED.
Unless a party had been served written
Interrogatories Bill of Particulars interrogatories, he may not be
A party may properly A party may properly compelled by the adverse party:
seek disclosure of seek disclosure only of 1. to give testimony in open court,
matters of proof matters which define or
which may later be the issues and become 2. give a deposition pending
made a part of the a part of the appeal.
records as evidence. pleadings.
The only exception is when the court
A party may serve written allows it for GOOD CAUSE shown and to
interrogatories: prevent a failure of justice.
1. WITHOUT LEAVE OF COURT
after answer has been served, Depositions Upon Interrogatories to
for the first set of Written Parties under Rule
interrogatories. Interrogatories to 25
2. WITH LEAVE OF COURT before Parties under Rule
answer has been served 23 Sec. 25
(REASON: at that time, the As to Deponent As to Deponent
issues are not yet joined and the Party or ordinary party only
disputed facts are not yet clear, witness
when more than one set of
As to Procedure As to Procedure
interrogatories is to be served.)
With intervention of no intervention.
the officer authorized Written interrogatories
A judgment by default may be rendered by the Court to take are directed to the
against a party who fails to answer deposition party himself
written interrogatories

Only one set of interrogatories by the As to Scope As to Scope

same party is allowed. Leave of court is Direct, cross, redirect, only one set of
necessary for succeeding sets of re-cross interrogatories
interrogatories.
 Interrogatories Interrogatories
no fixed time 15 days to answer
unless extended or
reduced by the court
RULE 26
ADMISSION BY ADVERSE PARTY
Section 1. Request for admission.
PURPOSE OF written request for
admission is to expedite trial and relieve
the parties of the costs of proving facts
which will not be disputed on trial and
the truth of which can be ascertained by
reasonable inquiry.
When request may be made: at any time
after the issues have been joined.
evidence thereon UNLESS otherwise
allowed by the court (Sec.5).
RULE 27
PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS
Production of documents affords more
opportunity for discovery than a
subpoena duces tecum because in the
latter, the documents are brought to the
court for the first time on the date of
the scheduled trial wherein such
documents are required to be produced.
The TEST to be applied in determining
the relevancy of the document and the
sufficiency of their description is one of
reasonableness and practicality.

What request may include

1. Admission of the genuineness of PRODUCTION OR SUBPOENA DUCES
any material and relevant INSPECTION OF TECUM
document described in and DOCUMENTS OR
exhibited with the request. THINGS
2. Admission of the truth of any Essentially a mode of means of compelling
material and relevant matter of discovery production of evidence
fact set forth in the request. The Rules is limited to may be directed to a
3. Under this rule, a matter of fact the parties to the person whether a
not related to any documents action party or not
may be presented to the other The order under this may be issued upon an
party for admission or denial. Rule is issued only ex parte application.
upon motion with
notice to the adverse
Section 2. Implied Admission. party
The effect of a FAILURE to make a reply
to a request for admission is that each of
the matters of which an admission is
requested is deemed admitted. RULE 28
PHYSICAL AND MENTAL EXAMINATION
A sworn statement either denying OF PERSONS
specifically each matter or setting forth
in detail the reasons why he cannot
truthfully admit or deny those matters The mental condition of a party is in
must be filed and served upon the party controversy in proceedings for
requesting the admission. GUARDIANSHIP over an imbecile or
insane person, while the physical
Section 3. Effect of admission. condition of the party is generally
USE: An admission under this section is involved in PHYSICAL INJURIES cases.
for the purpose of the pending action
only and cannot be used in other Since the results of the examination are
proceedings. intended to be made public, the same
are not covered by the physician-patient
The party who fails or refuses to request privilege.
the admission of facts in question is
prevented from thereafter presenting Section 4. Waiver of privilege.

Where the party examined requests and
obtains a report on the results of the
examination the consequences are:
1. he has to furnish the other party
a copy of the report of any
previous or subsequent
examination of the same
physical and mental condition,
AND
2. he waives any privilege he may
have in that action or any other
involving the same controversy
regarding the testimony of any
other person who has so
examined him or may thereafter
examine him.
RULE 29
REFUSAL TO COMPLY WITH MODES OF
DISCOVERY
SANCTIONS
1. Contempt;
2. Payment of reasonable fees;
3. The matters regarding which the
questions were asked, character
or description of land et al., be
taken to be in accordance with
the claim of party obtaining the
order;
4. Prohibition on the refusing party
to produce evidence or support
or oppose designated claims or
defenses;
5. Striking out pleadings, order the
dismissal of the action or stay
the action until compliance or to
render judgment by default.
6. Order the arrest of the refusing
party except in cases of physical
or mental examination.
RULE 30
TRIAL
TRIAL judicial process of investigating
and determining the legal controversies
starting with the production of evidence
by the plaintiff and ending with his
closing arguments.
GENERAL RULE: when an issue exists,
trial is necessary. Decision should not be
made without trial.
EXCEPTIONS: when there may be
judgment without trial:
1. Judgment on the Pleading
(Rule 34)
2. Summary Judgment (Rule 35)
3. Judgment on Compromise
4. Judgment by Confession
5. Dismissal with Prejudice
(Rule 17)
Section 3. Requisites of motion to
postpone trial for absence of evidence.
There must be an affidavit showing:
1. materiality or relevance of such
evidence; and
2. due diligence in procuring it.
If the adverse party admits the facts for
which evidence is to be presented, the
trial will not be postponed.
Section 4. Requisites of motion to
postpone trial for illness of party or
counsel.
There must be an affidavit or sworn
certification showing:
1. presence of party or counsel at
the trial is indispensable; and
2. character of his illness is such as
to render his non-attendance
excusable.
Section 5. Order of trial unless
directed by the court.
 1. If willingness to discuss a
Plaintiff presents possible compromise is
evidence expressed by one or both
parties; or
2. If it appears that one of the
Defendant presents Defendant files parties, before the
evidence to demurrer to commencement of the action or
support his evidence proceeding, offered to discuss a
defense/countercla possible compromise but the
im/crossclaim/ other party refused the offer.
third party Unless
complaint the
Section 9. Judge to receive evidence;
delegation to clerk of court.
GENERAL RULE: the judge must himself
personally receive and resolve the
Third If court If court evidence of the parties.
party grants denies
However, the reception of such
defendant motion: motion:
presents Renders Continues
evidence may be delegated under the
eidence, if dismisal with following conditions:
any hearing 1. The delegation may be made
only in defaults or ex parte
hearings, or an agreement in
writing by the parties.
Rebuttal 2. The reception of evidence shall
Evidence by After be made only by the clerk of
Parties Presentation of that court who is a member of
evidence: the bar.
oral arguments 3. Said clerk shall have no power to
submission of rule on objections to any
DECISION memoranda
question or to admission of
court for special reasons otherwise evidence or exhibits; and
directs, the trial shall be limited to the 4. He shall submit his report and
issues stated in the pre-trial order. transcripts of the proceedings,
together with the objections to
Section 6. Agreed statements of facts. be resolved by the court, within
This is known as STIPULATION OF FACTS 10 days from the termination of
and is among the purposes of a pre-trial. the hearing.

The parties may also stipulate verbally in RULE 31

open court. Such stipulations are binding CONSOLIDATION OR SEVERANCE
unless relief therefrom is permitted by
the court on good cause shown, such as GENERAL RULE: Consolidation is
error or fraud. discretionary upon the court
EXCEPTIONS: Consolidation becomes a
But counsel cannot stipulate on what matter of duty when:
their respective EVIDENCE consists of 1. if the cases are pending before
and ask that judgment be rendered on the same judge OR
the basis of such stipulation. 2. if filed with different branches
of a court and one of such cases
Stipulations of facts are not permitted in has NOT been partially tried.
actions for ANNULMENT OF MARRIAGE
and for LEGAL SEPARATION. REQUISITES FOR CONSOLIDATION:
1. When actions involving a
Section 8. Suspension of actions. common question of law or fact,
Art. 2030 of the Civil Code. Every civil and
action or proceeding shall be suspended
 2. The actions are pending before 4. Carrying a judgment or order
the same court into effect.
if filed with DIFFERENT
courts, authorization from Disobedience to a subpoena issued by
the SC is necessary. the commissioner is deemed a contempt
of the court which appointed the latter.
3 WAYS OF CONSOLIDATING CASES:
1. by RECASTING THE CASES RULE 33
ALREADY INSTITUTED, DEMURRER TO EVIDENCE
conducting only one hearing and
rendering only one decision; Section 1. Demurrer to evidence.
2. by CONSOLIDATING THE EXISTING
CASES and holding only one
hearing and rendering only one
DEMURRER TO MOTION TO DISMISS
decision; and
3. by HEARING ONLY THE PRINCIPAL EVIDENCE
CASE and suspending the hearing It is presented after presented before a
on the others until judgment has the plaintiff has responsive pleading
rested his case (answer) is made by
been rendered in the principal
the defendant
case. (TEST-CASE METHOD) The ground is based it may be based on any
on insufficiency of of those enumerated
Consolidation of cases on appeal and evidence in Rule 16
assigned to different divisions of the SC
and the CA is also authorized. Generally, 2 Scenarios
the case which was appealed later and
bearing the higher docket no. is
consolidated with the case having the MOTION DENIED MOTION GRANTED
lower docket no. BUT REVERSED ON
APPEAL
Movant shall have the Movant is deemed to
right to present his have waived his right
evidence to present evidence.
The decision of the
appellate court will
be based only on the
RULE 32 evidence of the
plaintiff as the
TRIAL BY COMMISSIONER
defendant loses his
right to have the case
COMMISSIONER- a person to whom a remanded for
cause pending in court is referred, for reception of his
him to take testimony, hear the parties evidence.
and report thereon to the court, and denial is order of the court is
upon whose report, if confirmed, INTERLOCUTORY. Sec. an ADJUDICATION ON
judgment is rendered. 1 , Rule 36 (that THE MERITS, hence,
Reference to a commissioner may be had judgment should state the requirement in
clearly and distinctly Sec. 1, Rule 36
by the written consent of both parties.
the facts and the law should be complied
on which it is based), with.
Situations when reference to a will not apply.
Commissioner may be made on motion The denial is NOT
(Sec.2): appealable.
1. Examination of a long account
2. Taking of an account is
necessary CIVIL CASES CRIMINAL CASES
Defendant need not ask leave of court is
3. Question of fact, other than
for leave of court; necessary so that the
upon the pleading arises; or accused could
present his evidence
 if the demurrer is proper, it may render such judgment
denied motu proprio.
if the court finds if the court finds the
plaintiffs evidence prosecutions GROUNDS:
insufficient, it will evidence insufficient, 1. Answer fails to tender an issue
grant the demurrer by it will grant the
because of:
dismissing the demurrer by
complaint. The rendering judgment a. general denial of the
judgment of dismissal is acquitting the material allegations of
appealable by the accused. Judgment of the complaint;
plaintiff. If plaintiff acquittal is not b. insufficient denial of the
appeals and judgment appeallable; double material allegations of
is reversed by the jeopardy sets-in the complaint ; or
appellate court, it will 2. Answer admits material
decide the case on the allegations of the adverse
basis of the plaintiffs
partys pleading
evidence with the
consequence that the
defendant already loses By moving for judgment on the
his right to present pleading, plaintiff waives his claim
evidence no res for unliquidated damages. Claim for
judicata in dismissal such damages must be alleged and
due to demurrer proved.
if court denies if court denies the
demurrer, defendant demurrer: NO JUDGMENT ON THE PLEADINGS IN
will present his If demurrer was with
ACTIONS FOR
evidence leave, accused may
present his evidence 1. Declaration of nullity of
If the demurrer was marriage
without leave, 2. Annulment of marriage
accused can no 3. Legal Separation
longer present his
evidence and submits
the case for decision
based on the
prosecutions Motion to Dismiss Motion for
evidence judgment on the
pleadings
JUDGMENT ON DEMURRER TO EVIDENCE Filed by a defendant Filed by the plaintiff
is a judgment rendered by the court to a complaint, if the answer raises
dismissing a case upon motion of the counterclaim, cross- no issue.
defendant, made after plaintiff has claim or 3rd-party
rested his case, on the GROUND that complaint
upon the facts presented by the plaintiff
and the law on the matter, plaintiff has
not shown any right to relief. If the complaint states no cause of
action, a motion to dismiss should be
filed and not a motion for judgment on
RULE 34 the pleading.
JUDGMENT ON THE PLEADINGS

A judgment on the pleadings must be on

motion of the claimant. (NO RULE 35
SUPPORTING PAPERS ARE REQUIRED SUMMARY JUDGMENTS
BECAUSE EVERTHING IS BASED ON THE
PLEADINGS.) SUMMARY JUDGMENT
One granted by the court for the prompt
HOWEVER, if at the pre-trial the court disposition of civil actions wherein it
finds that a judgment on the pleadings is clearly appears that there exists NO
genuine issue or controversy as to any May be On the merits On the merits
material fact. interlocutory
or on the
merits
Who can File
1. Plaintiff: he must wait for the
answer to be filed and served, and
RULE 36
thus for the issue to be joined,
JUDGMENTS, FINAL ORDERS AND ENTRY
before he can move for summary
THEREOF
judgment.
2. Defendant: he can move for
summary judgment at anytime, that
JUDGMENT- final consideration and
is, anytime after filing and service of
determination by a court of the rights of
the complaint even before he
the parties, upon matters submitted to it
answers
in an action or proceeding.
The motion for summary judgment must
The date of finality of the judgment or
be supported by (1) affidavit, (2)
final order shall be deemed to be the
depositions of the adverse party or a
date of its entry.
third party, or (3) admissions of the
adverse party, all intended to show that:
REQUISITES OF A JUDGMENT:
a. there is no genuine issue as to
1. It should be in writing, personally
any material fact, except
and directly prepared by the judge
damages which must always be
2. Must state clearly and distinctly the
proved, and
facts and the law on which it is
b. the movant is entitled to a
based
judgment as a matter of law.
3. It should contain a dispositive part
and should be signed by the judge
The summary judgment may be a
and filed with the clerk of court.
judgment on the merits, in which case,
an appeal may be taken therefrom.
PROMULGATION- the process by which a
decision is published, officially
announced, made known to the public or
SUMMARY JUDGMENT JUDGMENT delivered to the clerk of court for filing,
JUDGMENT ON THE BY DEFAULT coupled with notice to the parties or
their counsel.
PLEADINGS (Rule 9)
Based on the based solely on based on the
pleadings, the pleadings. complaint and MEMORANDUM DECISION- a decision of
depositions, evidence, if the appellate court which adopts the
admissions presentation is findings and the conclusion of the trial
and affidavits required. court.
Available to generally Available to JUDICIAL COMPROMISE
both plaintiff available only plaintiff. A judgment based on a
and defendant to the plaintiff, compromise which has the force
unless the of law and is conclusive between
defendant
parties.
presents a
counterclaim. Not appealable.
There is The answer no issues as no
no genuine fails to tender answer is filed A JUDGMENT is considered RENDERED
issue between an issue or by the Upon filing of the signed decision. This
the parties, there is an defending includes an amended decision because
i.e. there may admission of party. an amended decision is a distinct and
be issues but material separate judgment and must follow the
these are allegations. established procedural rule.
irrelevant
10-day notice 3-day notice 3-day notice
required required rule applies.
The power to amend a judgment is PROMULGATION OF JUDGMENT
inherent to the court before judgment
becomes final and executory.

After judgment has become executory,

the court cannot amend the same

EXCEPT:
1. To make corrections of
clerical errors, not
substantial amendments, as
by an amendment nunc pro
tunc.
2. To clarify an ambiguity Section 4. Several judgments.
which is borne out by and Several judgment is proper where the
justifiable in the context of liability of each party is clearly
the decision. separable and distinct from his co-
3. In judgments for support, parties such that the claims against each
which can always be of them could have been the subject of
amended from time to time. separate suits, and the judgment for or
against one of them will not necessarily
affect the other.
MANNER OF ATTACKING JUDGMENTS:
A several judgment is NOT proper in
1. Direct attack actions against solidary debtors.
a. before finality
1. motion for new trial or Section 6. Separate Judgments
reconsideration; Proper when more than one claim for
2. appeal relief is presented in an action and a
b. after finality determination as to the issues material
1. relief from judgment, rule to the claim has been made. The action
38 shall proceed as to the remaining
2. annulment of judgment, claims.
Rule 47.

2.Collateral attack
Judgment NUNC PRO TUNC (literally
means now for then)
Court Renders Decision
rendered to enter or record such
judgment as has been formerly
rendered but has not been
Filing appeal within entered as thus rendered
Losing Party 15/30 days from
notice of judgment its only function is to record
some act of the court which was
done at a former time, but
which was not then recorded, in
Accepts Within 15/30 days order to make the record speak
decision from notice of the truth, without any changes
without further judgment:
contest Motion for in substance or any material
reconsideration; or respect.
motion for new trial
Judgment upon Agreement or
Court Compromise
maintains A compromise agreement between the
decision parties to a case on which the decision
Court grants motion:
1.modifies decision; or
2.grants new trial
If no appeal is
taken or did
not avail of
remedies,
judgment
becomes final Losing party may
and executory appeal within the
remaining period
of the court was based has upon the Court makes a Serves to bolster or
parties the effect and authority of res thorough study of the add to the original
judicata. It is immediately executory. original judgment and judgment
renders the amended
and clarified judgment
Judgment by Confession
only after considering
Judgment upon confession is one which all the factual and
is rendered against a party upon his legal issues
petition or consent. It usually happens
when the defendant appears in court and
RULE 37
confesses the right of the plaintiff to
NEW TRIAL OR RECONSIDERATION
judgment or files a pleading expressly
agreeing to the plaintiffs demand.
Order denying
Two kinds of judgment by confession motion for new trial
1. A judgment by COGNOVIT
ACTIONEM here, the defendant
after service instead of entering
Second motion for new trial
a plea, acknowledged and based on grounds not existing or
confessed that the plaintiffs available when 1st motion was
cause of action was just and filed
rightful.
2. A judgment by CONFESSION
RELICTA VERIFICATIONE after Appeal from the judgment or
pleading and before trial, the final order and assign as one of
defendant both confessed the the errors the denial of the
plaintiffs cause of action and motion for new trial
withdrew or abandoned his plea
or other allegations, whereupon An order denying a motion for new trial
judgment was entere against him is not appealable.
without proceeding to trial.
NEW TRIAL - the rehearing of a case
already decided by the court but before
the judgment rendered thereon becomes
Judgment upon Judgment by
final and executory, whereby errors of
Compromise Confession law or irregularities are expunged from
The provisions and An affirmative and the record, or new evidence is
terms are settled and voluntary act of the introduced, or both steps are taken.
agreed upon by the defendant himself.
Purpose: to set aside the judgment or
parties to the action, The court exercises a
and which is entered certain amount of final order and grant a new trial.
in the record by the supervision over the
consent of the court. entry of judgment. WHEN to file: within period for taking
appeal.
Clarificatory Judgment
rendered by the court, upon motion, WHERE to file: with the trial court
when a judgment previously rendered is which rendered the questioned
ambiguous and difficult to comply with. judgment.

MOTION FOR A NEW MOTION FOR

AMENDED OR SUPPLEMENTAL RECONSIDERATION
TRIAL
CLARIFIED DECISION The grounds are: fraud, The grounds are: the
JUDGMENT accident, mistake or damages awarded are
excusable negligence or excessive, that the
It is an entirely new Does not take the newly discovered evidence is insufficient
decision and place of or extinguish evidence which could to justify the decision
supersedes the the original judgment not, with reasonable or final order, or that
original judgment diligence, have the decision or final
discovered and produced order is contrary to
at the trial, and which if law. The order denying a motion for new trial
presented would is NOT appealable.
probably alter the result
Second motion may be Second motion from
allowed same party is MOTION FOR NEW MOTION FOR
prohibited TRIAL REOPENING OF THE
If a new trial is granted if the court finds that TRIAL
the trial court will set excessive damages Specifically Not mentioned in the
aside the judgment or have been awarded or mentioned in the Rules but is
final order that the judgment or Rules nevertheless a
final order is contrary recognized procedural
to the evidence or law, recourse or device
it may amend such deriving validity and
judgment or final order acceptance from long
accordingly established usage
NOTE: It is actually
mentioned in the Rules
REQUISITES for NEWLY-DISCOVERED of Criminal Procedure
EVIDENCE Proper only after May properly be
promulgation of presented only after
1. Must have been discovered after
judgment either or both the
trial parties have formally
2. Could not have been discovered offered and closed
and produced at the trial their evidence before
3. If presented, would alter the judgment
result of the action Based upon specific Controlled by no other
4. Otherwise it is called grounds set forth rule than the
FORGOTTEN EVIDENCE. under Rule 37 in civil paramount interests of
cases and Rule 121 in justice, resting entirely
A motion suspends or tolls the running of criminal cases on the sound discretion
of a trial court, the
the reglementary period for appeal
exercise of which
except when the same is pro-forma. discretion will not be
reviewed on appeal
PRO-FORMA MOTION - when it does not UNLESS a clear abuse
comply with Rule 15 and Rule 37, e.g. it thereof is shown
does not point out specifically the
findings or conclusions of the judgment
as are contrary to law, making express
reference to the testimonial or
documentary evidence or to the
provisions of law alleged to be contrary MOTION FOR RECONSIDERATION
to such findings or conclusions, and is Purpose: To reconsider or amend
merely intended to delay the judgment or final order
proceedings OR if there is no affidavit of WHEN to file: within period for taking an
merit. appeal

Section 6. Effect of granting of motion WHERE to file: with the trial court
for new trial which rendered the judgment or final
When motion is granted, the original order sought to be reconsidered
judgment is thereby vacated and the
action stands for trial de novo, but the
RULE 38
recorded evidence taken upon the
RELIEF FROM JUDGMENTS, ORDERS, OR
former trial so far as the same is
OTHER PROCEEDINGS
material and competent to establish the
issues, shall be used at the new trial
REMEDIES AGAINST FINAL AND
taking the same.
EXECUTORY JUDGMENTS OR ORDERS
 1. Petition for Relief from
Judgment (Rule 38)
2. Annulment of judgments or final
orders or resolutions (Rule 47) on
the ground of:
o Extrinsic fraud, to be filed
within 4 years from the
discovery of the fraud;
o Lack of jurisdiction, before
it is barred by laches or
estoppel
3. Direct or collateral attack
against a void or voidable
judgment
o DIRECT ATTACK when the
validity of the judgment
itself is the main issue of the
action, a petition for
certiorari and action to
annul judgment on the
ground of extrinsic fraud or
lack of jurisdiction
o COLLATERAL ATTACK if the
judgment can be resisted in
any other action in which it
is involved.
civil action under Rule
65
Legal remedy Equitable remedy
Motion need not be Petition must be
verified verified
TWO HEARINGS UNDER RULE 38
1. Hearing to determine whether
the judgment should be set aside
2. If yes, a hearing on the merits of
the case.
The period fixed by Rule 38 is non-
extendible and is never interrupted.
RULE 39
EXECUTION, SATISFACTION AND
EFFECT OF JUDGMENTS
EXECUTION remedy provided by law
for the enforcement of a final judgment.
AGAINST WHOM ISSUED: execution can
only issue against a party and not against
one who has not had his day in court.

WRIT OF EXECUTION: judicial writ

issued to an officer authorizing him to
RULE 37 RULE 38 execute the judgment of the court.
Available BEFORE Available AFTER
judgment becomes judgment has become ESSENTIAL REQUISITE OF A WRIT OF
final and executory final and executory EXECUTION: a writ of execution to be
Applies to Applies to judgments, valid, must conform strictly to the
JUDGMENTS or FINAL final orders and other decision or judgment which gives it life.
ORDERS only proceeding:
It cannot vary the terms of the judgment
1.Land Registration it seeks to enforce
2.Special Proceedings
3. Order of Execution
FINAL JUDGMENT OR ORDER- one which
disposes of the whole subject matter or
GROUNDS: GROUNDS:
i. FAME FAME terminates the particular proceedings or
ii. Newly discovered action, leaving nothing to be done by the
evidence court but to enforce by execution what
WHEN AVAILED OF: WHEN AVAILED OF: has been determined.
Within the time to within 60 days from EXECUTION OF JUDGMENT
appeal knowledge of the
judgment AND

within 6 months from

entry of judgment
If denied, the order If denied, the order
of denial is NOT denying a petition for
appealable, hence relief is NOT
remedy is appeal appealable; the
from the judgment remedy is appropriate
 2. upon a judgment or order that
Judgment is If the winning disposes of the action or
executed by party does not proceeding AND
motion within move for 3. upon expiration of the period to
5 years from execution w/in appeal therefrom and NO appeal
date of its 5 years but
has been duly perfected.
entry before 10
years from the
date of entry GENERAL RULE: court cannot refuse
of judgment, execution
Execution is a the same can UNLESS:
matter of right only be revived 1. Execution is UNJUST OR
after by means of a IMPOSSIBLE
expiration of new action / 2. Equitable grounds like a CHANGE
period to petition IN SITUATION of the parties
appeal and no which makes execution
appeal is inequitable
perfected 3. Judgment NOVATED by parties
4. Execution is enjoined
Discretionary 5. Judgment has become DORMANT
execution upon
good reasons QUASHAL OF WRIT PROPER WHEN:
stated in a
1. Improvidently issued
special order
after due 2. Defective in substance
hearing 3. Issued against the wrong party
4. Judgment already satisfied
5. Issued without authority

Sheriff enforces writ of execution

Losing party is made to indemnify thru:

payment with interest;
levy and sale of personal property;
levy and sale of real property;
delivery of personal and real property

TEST TO DETERMINE WHETHER A Section 2. Discretionary Execution

JUDGMENT OR ORDER IS FINAL OR
INTERLOCUTORY: The test is whether
the judgment or order leaves nothing DISCRETIONARY EXECUTION AS A
more for the court to do with respect to EXECUTION MATTER OF RIGHT
the merits of the case.

SPECIAL JUDGMENT one that requires May issue before Period to appeal has
the performance of an act OTHER THAN: the lapse of period already lapsed and
1. The payment of money; and to appeal no appeal is
2. The sale of real or personal perfected
property
Section 1. Execution Upon Judgments Discretionary upon Ministerial duty of
and Final Orders. the court; there is the court PROVIDED
inquiry on whether there are no
there is GOOD supervening events
EXECUTION ISSUES AS A MATTER OF REASON for
RIGHT: execution
1. on motion

GROUNDS FOR EXECUTION PENDING
APPEAL:
1. Insolvency of the judgment
debtor.
2. Wastage of asset by judgment
debtor.
Section 3. Stay of Discretionary
Execution. The party against whom an
execution is directed may file a
supersedeas bond to stay discretionary
execution.
SUPERSEDEAS BOND- one filed by a
petitioner and approved by the court
before the judgment becomes final and
executory and conditioned upon the
performance of the judgment appealed
from in case it be affirmed wholly or in
part.
Supersedeas bond guarantees
satisfaction of the judgment in case of
affirmance on appeal, not other things
like damage to property pending the
appeal
The court may, in its discretion, order an
execution before the expiration of the
time within which to appeal provided:
1. There is a motion for execution
filed by the winning party
2. There is notice of said motion to
the adverse party; and
3. There are good reasons stated in
a special order after due
hearing.
GENERAL RULE: an order of execution is
NOT appealable otherwise there would
be no end to the litigation between the
parties.
EXCEPTIONS:
1. When the terms of the judgment
are not very clear;
2. When the order of execution
varies with the tenor of the
judgment.
Section 4. Judgments NOT Stayed By
Appeal
1. INJUNCTION
2. RECEIVERSHIP
3. ACCOUNTING
4. SUPPORT
5. Such other judgments
declared to be immediately
executory unless otherwise
ordered by the trial court.
Section 6. Execution By Motion Or
Independent Action.
MODE OF ENFORCEMENT
1. By motion within 5 years from
date of its entry
2. By independent action after 5
years from entry AND before it is
barred by statute of limitations
Judgment for support does not become
dormant, thus it can always be executed
by motion.
5-year period may be extended by the
conduct of judgment debtor.
A revived judgment is a new judgment
thus another 5/10-year period to
execute and revive is given the party.
Section 7. Execution In Case Of Death
Of Party.
If the obligor dies AFTER entry but
BEFORE LEVY on his property, execution
will be issued for recovery of real or
personal property or enforcement of a
lien thereon. But for a sum of money,
judgment cannot be enforced by writ
but as a claim against his estate/probate
proceedings.
If he dies AFTER a VALID LEVY has been
made, execution sale proceeds.
Section 8. Issuance, Form and Contents
of a Writ of Execution.
Remedies in an order granting or
denying the issuance of a writ of
execution
Appeal is the remedy for an order
denying the issuance of a writ of
execution.
Section 10. Execution Of Judgments
For Specific Act.
If party REFUSES TO VACATE PROPERTY,
remedy is NOT contempt. The Sheriff
must oust the party. But if demolition is
involved, there must be a special order.
If party REFUSES TO DELIVER, sheriff will
take possession and deliver it to winning
party.
When the party REFUSES TO COMPLY,
court can appoint some other person at
the expense of the disobedient party and
the act done shall have the same effect
as if the required party performed it,
the disobedient party incurs no liability
for contempt.
Section 11. Execution of Special
Judgments.
When judgment requires the
performance of any act other than for
money and delivery of property.
The writ of execution shall be served
upon the party required to obey the
same and such party may be punished
for contempt if he disobeys.
LEVY - act by which an officer sets apart
or appropriates a part of the whole of
the property of the judgment debtor for
purposes or the execution sale. The levy
on execution shall create a lien in favor
or the judgment creditor over the right,
title and interest of the judgment debtor
in such property at the time of the levy.
The levy on execution creates a lien in
favor of the judgment creditor subject
to prior liens and encumbrances.
GARNISHMENT - act of appropriation by
the court when property of debtor is in
the hands of third persons
The garnishee or the 3rd person who is in
possession of the property of the
judgment debtor is deemed a forced
intervenor.
ATTACHMENT GARNISHMENT
Refers to corporeal refers to money,
property in the stocks, credits and
possession of the other incorporeal
judgment debtor. property which belong
to judgment debtor
but is in the possession
or under the control of
a third person
Section 16. Proceedings Where
Property Claimed By Third Person.
REMEDIES of THIRD PARTY CLAIMANT
1. Summary hearing before the
court which authorized the
execution;
2. TERCERIA or third party claim
filed with the sheriff;
3. Action for damages on the bond
posted by judgment creditors; or
4. Independent reinvidicatory
action.
The remedies are cumulative and may be
resorted to by third party claimant
independently of or separately from the
others.
If winning party files a bond, it is only
then that the sheriff can take the
property in his possession. IF NO BOND,
cannot proceed with the sale.
SALE ON EXECUTION
Notice of sale is required before levied
property can be sold at public auction
(Sec. 15).
Remedy against an irregular sale is
MOTION TO VACATE OR SET ASIDE THE
SALE to be filed in the court which
issued the writ.
REDEMPTION (Secs. 27 & 28)
Right of Redemption:
1. Personal Property NONE; sale is
absolute
2. Real Property there is a right of
redemption
WHO may redeem (Sec. 27)
Only the following:
 a. Judgment obligor, or his
successor in interest, in whole or
any part of the property; OR
b. Redemptioner who is a creditor
having a:
1) Lien by attachment on
the property sold
subsequent to the lien
under which the
property was sold,
2) Lien by judgment on the
property sold subsequent
to the lien under which
the property was sold;
3) Lien by mortgage on the
property sold subsequent
to the lien under which
the property was sold.
WHEN CAN REDEMPTION BE MADE?
BY THE JUDGMENT OBLIGOR: Within one
(1) year from the date of registration of
the certificate of sale.
BY THE REDEMPTIONER:
1. Within one year from the date of
registration of the certificate of
sale; or
2. Within sixty days from the last
redemption by another
redemptioner
If the judgment obligor redeems, no
further redemption is allowed (Sec.
29).
The period of redemption is NOT
suspended by an action to annul the
foreclosure sale.
CAN REDEMPTION BE PAID IN OTHER
FORMS THAN CASH?
YES. The rule is liberality in allowing
redemption (aid rather than defeat the
right) and it has been allowed in the
case of a cashiers check, certified bank
checks and even checks.
The offer to redeem must be
accompanied with a bona fide tender or
delivery of the redemption price.
However, a formal offer to redeem with
a tender is not necessary where the right
to redeem is exercised through the filing
of a complaint to redeem in the courts,
within the period to redeem.
RIGHTS OF THE JUDGMENT DEBTOR:
1. Remain in possession of the
property
2. Collect rents and profits
3. Cannot be Ejected
4. Use the property in the same
manner it was previously used
5. Make necessary repairs
Section 33. Deed and possession to be
given at expiration of redemption
period; by whom executed or given.
The PURCHASER is entitled to a
CONVEYANCE AND POSSESSION of the
property if there is no redemption. He is
substituted to and acquires all the
rights, title, interest and claims of the
judgment obligor to the property at the
time of levy.
The deed of conveyance is what
operates to transfer to the purchaser
whatever rights the judgment debtor
had in the property. The certificate of
sale after execution sale merely is a
memorial of the fact of sale and does
not operate as a conveyance.
The purchaser acquires no better right
than what the judgment debtor has in
the property levied upon. Thus, if the
judgment debtor had already transferred
the property executed prior to the levy
and no longer has an interest in the
property, the execution purchaser
acquires no right.
WHEN A THIRD PERSON IS IN POSSESSION,
The procedure is for the court to order a
hearing and determine the nature of
such adverse possession.
Section 34. Recovery of price if sale is
not effective; revival of judgment.
THE PURCHASER MAY RECOVER THE
PURCHASE PRICE WHEN
1. The purchaser or his successor-
in-interest FAILS TO RECOVER
POSSESSION of the property or;
 2. Purchaser after having acquired
possession is evicted due to:
a. Irregularities in the
proceedings concerning the
sale.
b. Reversal or setting aside of
judgment.
c. The fact that the property
was exempt from execution.
d. A third person has vindicated
his claim to the property.
REMEDIES OF THE JUDGMENT CREDITOR
IN AID OF EXECUTION
1. If the execution is returned
unsatisfied, he may cause
examination of the judgment
debtor as to his property and
income (Section 36)
2. He may cause examination of
the debtor of the judgment
debtor as to any debt owed by
him or to any property of the
judgment debtor in his
possession (Section 37)
3. If after examination, the court
finds that there is property of
the judgment debtor either in
his own hands or that of any
person, the court may order the
property applied to the
satisfaction of the judgment
(Section 37)
4. If the court finds the earnings
of the judgment debtor are
more than sufficient for his
familys needs, it may order
payment in installments
(Section 40)
5. The court may appoint a
receiver for the property of the
judgment debtor not exempt
from execution or forbid a
transfer or disposition or
interference with such property
(Section 41)
6. If the court finds that the
judgment debtor has an
ascertainable interest in real
property either as mortgagor,
mortgagee, or otherwise, and
his interest can be ascertained
without controversy, the court
may order the sale of such
interest. (Section 42)
7. If the person alleged to have
the property of the judgment
debtor or be indebted to him,
claims an adverse interest in
the property, or denies the
debt, the court may authorize
the judgment-creditor to
institute an action to recover
the property, forbid its transfer
and may punish disobedience
for contempt (Section 43)
Section 46. When Principal Bound By
Judgment Against Surety.
The principal is bound by the same
judgment from the time he has notice of
the action or proceeding and has been
given an opportunity at the suretys
request, to join the defense.
Section 47. Effect Of Judgment Or
Final Orders.
Refers to judgments which are
considered as conclusive and may be
rebutted directly by means of relief from
judgment or annulment of judgment or
indirectly by offering them in evidence
under the parole evidence rule.
Par (A) refers to rule ON RES JUDICATA
in judgments IN REM
JUDGMENT or EFFECT: CONCLUSIVE
FINAL ORDER AS TO
Against a specific Title to the thing
thing
Probate of a will or Will or administration
administration of However, ONLY prima
the estate of a facie evidence of the
deceased person death of the testator
or intestate
 In respect to the Condition, status or
personal, political, relationship of the
or legal condition or person
status of a
particular person
Par (B) is referred to as bar by former
judgment or RES JUDICATA in
judgments IN PERSONAM
RES JUDICATA - final judgments on the
merits by a court of competent
jurisdiction is conclusive as to the rights
of the parties or their privies in all later
suits on points determined in the former
judgment.
REQUISITES:
1. A FINAL judgment or order
2. JURISDICTION over the subject
matter and the parties by the
court rendering it
3. Judgment UPON THE MERITS
4. Between the two cases:
IDENTITY OF PARTIES
IDENTITY OF SUBJECT MATTER
IDENTITY OF CAUSE OF ACTION
THERE IS IDENTITY OF CAUSE OF ACTION
when the two actions are based on the
same delict or wrong committed by the
defendant even if the remedies are
different.
Under the doctrine of res judicata, no
matter how erroneous a judgment may
be, once it becomes final, it cannot be
corrected. The only grounds are lack of
jurisdiction, collusion or fraud.
Par. (C) is known as conclusiveness of
judgment or rule of AUTER
ACTION PENDENT
CONCLUSIVENESS OF JUDGMENT
has the effect of preclusion only of
issues.
parties in both actions may be the
same but the causes of action are
different.
If uncontested, judgment is
entered in the book of entries
BAR BY FORMER CONCLUSIVENESS OF
JUDGMENT JUDGMENT
There is identity of There is ONLY identity of
parties, subject PARTIES AND SUBJECT
matter and causes MATTER
of action
The first judgment The first judgment is
constitutes as an conclusive only as to
ABSOLUTE BAR TO matters directly adjudged
ALL MATTERS and actually litigated in
directly adjudged the first action. Second
and those that action can be prosecuted.
might have been
adjudged.
Section 48. Effect Of Foreign Judgment
Or Final Orders:
THE EFFECT OF FOREIGN JUDGMENTS
Provided that the foreign tribunal had
jurisdiction:
1. IN CASE OF JUDGMENT AGAINST
A SPECIFIC THING, the judgment
is CONCLUSIVE upon the TITLE
TO THE THING;
2. IN CASE OF A JUDGMENT
AGAINST A PERSON, the
judgment is PRESUMPTIVE
EVIDENCE of a right as between
the parties and their successors-
in-interest by a subsequent title.
In both instances, the judgment may be
repelled by evidence of want of
jurisdiction, notice, collusion, fraud or
clear mistake of law or fact.
Appeal decision of MTC by filing notice of appeal and pay appellate court
docket fee in the same MTC within 15 days from receipt of judgment
15 days from perfection of appeal, MTC clerk transmits record to
RTC
Notice to parties that an appeal is being taken from the decision of MTC
Within 15 days from notice of appeal:
appellant submits memorandum to the RTC
appellee files his own memorandum 15 days from receipt of
appellants memorandum
Any party may appeal by filing
a petition for review with the
RTC
 RULE 40
APPEAL FROM MUNICIPAL TRIAL ORDINARY APPEAL PETITION FOR
COURTS TO THE REGIONAL TRIAL REVIEW
COURTS Matter of right Discretionary
All the records are No records are
APPEAL FROM MTC TO RTC elevated from the elevated unless the
court of origin court decrees it
ORDINARY APPEAL - an appeal by notice Notice of record on Filed with the CA
of appeal from a judgment or final order appeal is filed with
the court of origin
of a lower court on questions of fact and
law.
By Record on appeal:
APPEAL TO THE RTC 1. for special proceedings such as
probate; and
Mode of Appeal Notice of Appeal
2. in such other cases where
within fifteen (15) days from receipt
multiple appeals are allowed as
of decision.
in partition and in
After an appeal to the RTC has been
expropriation.
perfected, the MTC loses its
jurisdiction over the case and any
Section 4. Perfection of Appeal; effect
motion for the execution of the
thereof.
judgment should be filed with the
RTC.
Appeal is deemed perfected:
The Summary Rules no longer apply
1. by notice of appeal: as to him,
when the cases is on appeal.
upon the filing of the notice of
appeal in due time;
Section 2. When to Appeal.
2. by record on appeal: as to him,
1. Within 15 days after notice of
upon the approval of the record
judgment or final order;
on appeal filed in due time.
2. Where a record on appeal is
required, within 30 days from
Effect of a perfected appeal:
notice of judgment or final order
The court loses jurisdiction upon the
by filing a notice of appeal and a
perfection or approval of appeal and
record on appeal;
when the period of appeal for other
3. Period to appeal shall be
parties expire.
interrupted by a timely motion
for new trial or reconsideration.
Residual power of the court prior to the
4. No motion for extension of time
transmittal of the original record or
to file a motion for new trial or
record on appeal:
reconsideration shall be
1. to issue orders for the
allowed.
preservation of the rights of the
parties which do not involve
Section 3. How to Appeal.
matters litigated by appeal;
By Notice of Appeal:
2. to approve compromise prior to
1. File a notice of appeal with the
the transmittal of the record;
trial court.
3. permit appeal by an indigent;
2. The notice of appeal must
4. order execution pending appeal
indicate:
under Rule 39, Sec.2 ( motion
a. parties
for execution was filed before
b. judgment or final order
the expiration of the period to
appealed from
appeal;
c. material date showing
5. allow withdrawal of the appeal.
timeliness of appeal
3. A copy served on the adverse
party.
4. Payment in full of docket fees
and other lawful fees
 6. Orders denying:
Section 8. Appeal from orders a. Petition for relief;
dismissing case without trial; lack of b. Motion for new trial or
jurisdiction reconsideration; and
c. Motion to Set aside a
judgment, by consent,
If lower court dismissed case without confession or compromise
trial on the merits: on the ground of fraud,
RTC may: mistake, duress or any
1. Affirm, or ground vitiating consent.
2. Reverse, in which case, it shall
remand the case for further Remedy in cases where appeal is not
proceedings. allowed
Special civil action of certiorari or
If dismissal is due to lack of jurisdiction prohibition if there is lack or excess of
over the subject matter: jurisdiction or grave abuse of discretion
RTC may: or mandamus if there is no performance
1. Affirm; if RTC has jurisdiction, of duty.
shall try the case on the merits
as if the case was originally filed INTERLOCUTORY ORDER An order
with it, or which does not dispose of the case but
2. Reverse, in which case, it leave something else to be done by the
remand the case for further trial court on the merits of the case.
proceedings.
A judgment based on compromise is not
If the case was tried on the merits by appealable and is immediately
the lower court without jurisdiction executory.
over the subject matter:
RTC shall not dismiss the case if it has
original jurisdiction, but shall decide the
case, and shall admit amended pleadings
or additional evidence.

RULE 41 Section 2. Modes of appeal.

APPEAL FROM REGIONAL
TRIAL COURTS Ordinary Petition for Petition for
APPEALABLE CASES appeal review review on
1. Judgments or final orders that (appeal by writ [Rule 42] certiorari
completely disposes of the case. of error) [Rule 45]
2. A particular matter in a
Case is decided Case is The case
judgment declared by the Rules
by the RTC in decided by raises only a
to be appealable. its original the MTC. question of
jurisdiction Appealed to law
NON APPEALABLE CASES Appealed to the the RTC.
1. Order dismissing an action without CA Petition for
prejudice review with
2. Order of Execution the CA
3. Judgments or final orders for or
against one or more of several
parties or in separate claims while
the main case is pending
4. Orders disallowing or dismissing an
Appeal
5. Interlocutory orders
 The period to appeal is MANDATORY and
File a notice of File a verified File a verified JURISDICTIONAL. Failure to appeal on
appeal or a petition for petition for time makes the decision final and
record on review with review on executory and deprives the appellate
appeal with the the CA. Pay certiorari with
court of jurisdiction.
court of origin the docket the SC (R 45)
(RTC) and give and lawful Pay docket
a copy to the fees, and P and lawful However in few instances the court has
adverse party. 500 as deposit fees and P 500 allowed due course to such appeals on
for costs with for costs. strong and compelling reasons of
the CA. Submit proof justice.
Furnish RTC of service of a
and adverse copy to the
party copy of lower court RULE 42
such (R 42). and adverse
PETITION FOR REVIEW FROM THE
party.
REGIONAL TRIAL COURTS TO THE
COURT OF APPEALS
Within 15 days Within 15 days Within 15
from the notice from notice of days from Petition for review is not a matter of
of the judgment the decision notice of the right but discretionary on the CA. It may
for notice of to be judgment or only give due course to the petition if it
appeal and reviewed or order or shows on its face that the lower court
within 30 days from the denial of the has committed an error of fact and/or
for records on denial of a MR MR or new law that will warrant a reversal or
appeal. The or new trial. trial.
modification of the decision or judgment
period for filing
is interrupted sought to be reviewed; OR dismiss the
by a timely petition if it finds that it is patently
motion for without merit, or prosecuted manifestly
reconsidera- for delay, or the questions raised therein
tion or new are too unsubstantial to require
trial. consideration.

Section 7. Approval of record on It is merely discretionary on the CA to

appeal.
Procedure if the appeal is through a
record on appeal
1. file record on appeal
2. appellee may file an objection
within 5 days from his receipt
thereof
3. if there is no objection the court
may:
approve it as presented; OR
direct its amendment on its
own or upon the motion of
the adverse party
4. if an amendment is ordered the
appellant must redraft the
record within the time ordered
or if there is no time, within 10
days from receipt
5. submit the record for approval
with notice on the adverse party
order the elevation of the records. This
is because until the petition is given due
course, the trial court may still issue a
warrant of execution pending appeal and
in some cases such as ejectment and
those of Summary Procedure, the
judgments are immediately executory. It
is only when the CA deems it necessary
that the Clerk of the RTC will be ordered
to elevate the records of the case.
RULE 43
APPEALS FROM THE COURT OF TAX
APPEALS AND THE QUASI-JUDICIAL
AGENCIES TO THE CA
Judgments and final orders or resolutions
of the NLRC are reviewable by the
COURT OF APPEALS in an original action
for certiorari under Rule 65 (St. Martin
Funeral Home vs. NLRC, Sept. 16, 1998).
A party adversely affected by a decision
or ruling of the CTA en banc may file
with the Supreme Court a verified
petition for review on certiorari pursuant
to Rule 45 (Sec. 12, RA 9282).
RULE 44
ORDINARY APPEALED CASES
Section 9. Appellants reply brief.
Failure to file appellant's brief on time is
a ground for dismissal of the appeal.
If a motion to dismiss an appeal has been
filed, it suspends the running of the
period for filing the appellant brief, as
the same would be unnecessary should
the motion be granted.
The failure of the appellant to make
specific assignment of errors in his brief
or page references to the record as
required in this section is a ground for
dismissal of his appeal.
Section 15. Questions that may be
raised on appeal.
The appeal can raise only questions of
law or fact that
1. were raised in the court below;
and
2. are within the issues framed by
the parties thereon.
BRIEF vs. MEMORANDUM
BRIEF MEMORANDUM
Ordinary appeals Certiorari, Prohibition,
Mandamus, Quo
Warranto and Habeas
Corpus cases
Filed within 45 days within 30 days
Contents specified Shorter, briefer, only
by Rules one issue involved - no
subject index or
assignment of errors just
facts and law applicable
RULE 45
APPEAL BY CERTIORARI TO THE
SUPREME COURT
RTC, Sandiganbayan or CA
renders decision
Any party files a petition for review on
certiorari w/in 15 days from notice of
final judgment or order of lower court
or notice of denial of motion for
reconsideration or new trial
Appellant serves copies of petition on
adverse parties and to the lower court,
and pay the corresponding docket fees
SC may dismiss the petition or require
the appellee to comment
Section 1. Filing of petition
with Supreme Court
If given due course, parties may
submit memoranda
Appeals to the SC can be taken
SC may affirm, reverse, or modify
judgment of the lower court
from a judgment or final order or
resolution of the CA, the Sandiganbayan,
the RTC or such other courts as maybe
authorized by law and only by verified
petition for review on certiorari on
questions of law except only in appeals
from judgments of the RTC in criminal
cases wherein the penalty imposed is life
imprisonment or reclusion perpetua
which shall be elevated by ordinary
appeal, or wherein the death penalty is
imposed which is subject to automatic
review.
GENERAL RULE: the findings of fact of
the CA are final and conclusive and
cannot be reviewed on appeal to the
SC.
EXCEPTIONS to CONCLUSIVENESS OF
FACTS:
1. When the finding is grounded
entirely on speculations, surmise
or conjecture;
2. When inference made is
manifestly absurd, mistaken or
impossible;
3. When the judgment is premised
on a misrepresentation of facts;
4. When there is grave abuse of
discretion in the appreciation of
facts;
5. When the findings of fact are
conflicting;
6. When the CA in making its
findings went beyond the issues
of the case and the same is
contrary to both the admissions
of appellants and appellees;
7. When the findings of fact of the
CA are at variance with those of
the trial court, the SC has to
review the evidence in order to
arrive at the correct findings
based on the record;
8. When the findings of fact are
conclusions without citation of
specific evidence on which they
are based;
9. When the facts set forth in the
petition as well as in the
petitioners main and reply
briefs are not disputed by the
respondents;
10. The findings of fact of the CA is
premised on the supposed
evidence and is contradicted by
the evidence on record;
11. When certain material facts and
circumstances have been
overlooked by the trial court
which, if taken into account,
would alter the result of the
case in that they would entitle
the accused to acquittal.
QUESTIONS OF LAW QUESTIONS OF
FACT
doubt or controversy doubt or difference
as to what the law is arises as to the truth
on certain facts or falsehood of facts,
or as to probative
value of the evidence
presented
if the appellate court the determination
can determine the involves evaluation or
issue raised without review of evidence
reviewing or
evaluating the
evidence
Can involve questions query invites the
of interpretation of calibration of the
the law with respect whole evidence
to certain set of facts considering mainly the
credibility of
witnesses, existence
and relevancy of
specific surrounding
circumstances and
relation to each other
and the whole
probabilities of the
situation
Certiorari under Rule 45 vs. certiorari
under Rule 64/65 ( special civil action)
CERTIORARI UNDER CERTIORARI UNDER
RULE 45 RULE 64/65
petition is based on petition raises the
questions of law issue as to whether
the lower court acted
without jurisdiction or
in excess of
jurisdiction or with
grave abuse of
discretion
It is a mode of appeal Special civil action
 processes, whether or not they are in aid
Involves the review of Directed against an of its appellate jurisdiction, and it has
the judgment award interlocutory order of exclusive original jurisdiction over
or final order on the the court or where actions for annulment of judgments of
merits there is no appeal or
Regional Trial Courts.
any other plain,
speedy or adequate
remedy

Section 4. Jurisdiction over person,

Must be made within filed not later than 60 how acquired.
the reglementary days from notice of JURISDICTION IS ACQUIRED:
period judgment, order or
resolution appealed 1. Over the PETITIONER - by filing
from of the petition.
2. Over the RESPONDENT - by the
Stays the judgment or Unless a writ of
service on the latter of the order
order appealed from preliminary injunction
or temporary or resolution indicating the
restraining order is courts initial action on the
issued does not stay petition and NOT by the service
the challenged on him of the petition or by his
proceeding voluntary submission.

The petitioner and the The parties are the Section 5. Action by the court.
respondent are the aggrieved party
original parties to the against the lower
PROCEDURAL OUTLINE (original cases
action, and the lower court or quasi-judicial
court or quasi-judicial agency and the
in the Court of Appeals)
agency is not prevailing parties 1. Filing of the petition
impleaded 2. Order to acquire jurisdiction
over respondents OR Outright
Motion for Motion for dismissal for failure to comply to
reconsideration is not reconsideration or for requirements also form and
required new trial is required payment of docket and other
If a motion for legal fees.
reconsideration or new 3. Require respondents to file
trial is filed, the
COMMENT within 10 days from
period shall not only
be interrupted but NOTICE
another 60 days shall 4. Court may require the filing of a
be given to the REPLY or such other pleadings as
petitioner ( SC Admin. it may deem necessary
Matter 002-03 ) 5. Determination of FACTUAL
ISSUES, the court may delegate
The court is in the Court exercises the reception of evidence on
exercise of its original jurisdiction such issues to any of its
appellate jurisdiction members.
and power of review
RULE 47
ANNULMENT OF JUDGMENTS OR FINAL
RULE 46 ORDERS AND RESOLUTIONS
ORIGINAL CASES
Annulment of judgment is a remedy in
Section 2. To what actions applicable. law independent of the case where the
judgment sought to be annulled was
Under B.P. Blg. 129, the CA has original rendered and may be availed of though
jurisdiction to issue writs of mandamus, the judgment has been executed.
prohibition, certiorari, habeas corpus
and quo warranto, and auxiliary writs or
One important condition for the
availment of this remedy - the petitioner
failed to move for new trial in, or appeal
from, or file a petition for relief against,
or take other appropriate remedies
assailing the questioned judgment or
final order or resolution through no fault
attributable to him.
If he failed to avail of those other
remedies without sufficient justification,
he cannot resort to annulment provided
in this Rule, otherwise he would benefit
from his own inaction or negligence.
Grounds for ANNULMENT OF
JUDGMENT
1. extrinsic fraud or collateral
fraud;
2. lack of jurisdiction;
Extrinsic fraud shall not be a valid
ground if it was availed of, or could have
been availed of, in a motion for new
trial or petition for relief.
EXTRINSIC OR COLLATERAL FRAUD is
any fraudulent act of the 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.
EXTRINSIC LACK OF
FRAUD JURISDICTION
Period of 4 years from Before it is barred
Filing discovery by laches or
action estoppel
Effect of Trial court Original action
judgment will try the may be refiled
case
Section. 5. Action by the court.
Two stages:
1. A preliminary evaluation of the
petition for prima facie merit
therein, and
2. The issuance of summons as in
ordinary civil cases and such
appropriate proceedings
thereafter as contemplated in
Sec. 6.
The rule allows the CA to dismiss the
petition outright as in special civil
actions.
For the court to acquire jurisdiction over
the respondent, the rule requires the
issuance of summons should prima facie
merit be found in the petition and the
same is given due course.
RULE 48
PRELIMINARY CONFERENCE
Section 3. Binding effect of the results
of the conference
In the CA, this procedural device may be
availed of not only in original actions but
also in cases on appeal wherein a new
trial was granted on the ground of newly
discovered evidence. The CA can act as a
trier of facts, hence the preliminary
conference authorized is a convenient
adjunct to such power and function.
RULE 49
ORAL ARGUMENT
Section 3. No hearing or oral argument
for motions
Motions in the SC and the CA do not
contain notices of hearing as no oral
arguments will be heard in support
thereof; and if the appellate court
desires to hold a hearing thereon, it will
itself set the date with notice to the
parties.
RULE 50
DISMISSAL OF APPEAL
Section 1. Grounds for dismissal of
appeal
With the exception of Section 1 (b)
dismissal of an appeal is directory and
not mandatory.
Other grounds for the dismissal of an
appeal are:
1. by agreement of the parties, as
where the case was amicably
settled by them.
2. where the appealed case has
become moot or academic.
 3. where the appeal is frivolous or
dilatory.
Section 2. Dismissal of improper appeal
to the Court of Appeals
No transfer of appeals, erroneously
taken to it or to the Court of Appeals,
whichever of these tribunals has
appropriate appellate jurisdiction, will
be allowed. Also, elevating such appeal
by the wrong mode of appeal shall be a
ground for dismissal.
A resolution of the Court of Appeals
dismissing the appeal and remanding the
case to the trial court for further
proceedings is merely interlocutory,
hence a motion for its reconsideration
filed year later may be entertained and
granted
Section 3. Withdrawal of Appeal
Court of Appeals may dismiss the appeal
outright even without motion. The
remedy if dismissed for improper appeal
is to refile it in the proper forum but has
to be within the prescribed period.
RULE 51
JUDGMENT
Law of the Case the opinion delivered
on a former appeal. It means that
whatever is once irrevocably
established, as the controlling legal rule
or decision between the same parties in
the same case, continues to be the law
of the case, whether correct on general
principles or not, so long as the facts on
which such decision was predicated
continue to be the facts before the
court.
But this rule does not apply to
resolutions rendered in connection with
the case wherein no rationale has been
expounded on the merits of that action.
Section 5. Form of Decision
The requirement for the statement of
facts and the law refers to a decision or
for that matter a final resolution. The
same are not required on minute
resolutions since these usually dispose of
the case not on its merits but on
procedural or technical considerations.
Although the court may, if it feels
necessary, briefly discuss the matter on
the merits in an extended resolution.
With respect to petitions for review and
motions for reconsideration, the
Constitution merely requires a statement
of the legal basis for the denial thereof
or refusal of due course thereto. The
court may opt, but it is not required to
issue an extended resolution thereon.
Section 6. HARMLESS ERROR
The court, at every stage of the
proceeding, must disregard any error or
defect which does not affect the
substantial rights of the parties such as
error in admission or exclusion of
evidence or error or defect in the ruling
or order.
Section 8. Questions that may be
decided
Only errors claimed and assigned by a
party will be considered by the court,
except errors affecting its jurisdiction
over the subject matter. To this
exception has now been added errors
affecting the validity of the judgment
appealed from or the proceedings
therein.
Even if the error complained of by a
party is not expressly stated in his
assignment of errors but the same is
closely related to or dependent on an
assigned error and properly argued in his
brief such error may now be considered
by the court.
RULE 52
MOTION FOR RECONSIDERATION
The rules now prohibit a second motion
for reconsideration.
Sec. 3 provides a time limit of 90 days
for the resolution of a motion for
reconsideration filed with the Court of
Appeals from the date the same was
submitted for resolution, which is
normally the filing of the last pleading
required by the rules of court or the
expiration of such period.
Rules now requires the service of the
motion to the adverse party
RULE 53
NEW TRIAL
Filing of a motion for new trial is at any
time after the perfection of the appeal
from the decision of the lower court and
before the Court of Appeals loses
jurisdiction over the case
The ground is newly discovered evidence
which could not have been discovered
prior to the trial in the court below by
the exercise of due diligence and of such
character as would probably alter the
result.
RULE 56
PROCEDURE IN THE SUPREME COURT
A. ORIGINAL CASES
Rule specifically states what cases may
be originally filed with the Supreme
Court
1. petition for certiorari,
prohibition, mandamus, quo
warranto, habeas corpus;
2. disciplinary proceedings against
members of the judiciary and
attorneys
3. cases affecting ambassadors,
other public ministers and
consuls
B. APPEALED CASES Mode of Appeal
In criminal cases where the penalty
imposed is death or reclusion perpetua,
an appeal made to the Supreme Court is
through a notice of appeal filed with the
RTC in all other cases, an appeal made
to the supreme court is through a
petition for review on certiorari.
PROVISIONAL REMEDIES
Also known as ancillary or auxiliary
remedies, are writs and processes
available during the pendency of the
action which may be resorted to by a
litigant to preserve and protect certain
rights and interests therein pending
rendition, and for purposes of the
ultimate effects, of a final judgment in
the case.
The following are the provisional
remedies provided for in 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)
PD 1818 prohibits the issuance of
injunctive writs not only against
government entities but also against any
person or entity involved in the
execution, implementation, and
operation of government infrastructure
projects.
RULE 57
PRELIMINARY ATTACHMENT
The proper party may have the property
of the adverse party attached at the
commencement of the action or at any
time before entry of judgment.
WHEN issued
1. In actions for recovery of a
specified sum of money or
damages, except moral and
exemplary, on a cause of action
arising from law, contract,
quasi-contract, delict or quasi-
delict against a party about to
depart from the Phils. with
intent to defraud his creditors;
2. In actions for recovery of money
or property embezzled or
fraudulently converted to his
own use by a public officer, or
an officer of a corp., or an
attorney, factor, broker, agent
or clerk, in the course of his
employment as such, or by any
person in a fiduciary capacity;

3. In actions to recover property
unjustly taken or concealed,
when the property or any of its
part, has been concealed or
disposed of to prevent its being
found by the applicant or any
authorized person;
4. In actions against a person guilty
of fraud in incurring or
performing an obligation upon
which the action is based;
5. In actions against a party who
has removed or disposed of his
property, or is about to do so,
with intent to defraud his
creditors;
6. In actions against non-residents
not found in the Phils., or on
whom summons is served by
publication.
RULE 58
PRELIMINARY INJUNCTION
Preliminary Injunction an order granted
at any stage of an action or proceeding
prior to the judgment requiring a party
or a court, agency or a person to refrain
from a particular act or acts.
PRELIMINARY MANDATORY Injunction
an order requiring the performance of a
particular act or acts.
Grounds
1. applicant is entitled to the relief
demanded; or
2. commission, continuance or non-
performance of the act
complained of would work
injustice to the applicant if not
enjoined; or
3. the acts sought to be enjoined
probably violates the rights of
the applicant respecting the
subject of the action and
tending to render the judgment
ineffectual.
Section 5.
There must be prior notice to the person
sought to be enjoined and a hearing
before preliminary injunction may be
granted.
If great or irreparable injury would
result to the applicant, the court may
issue ex parte a temporary restraining
order, effective only for 20 days from
service on the party sought to be
enjoined.
If the matter is of extreme urgency and
the applicant will suffer grave injustice
and irreparable injury, the judge may
issue a TRO effective only for 72 hours
from issuance. Its effectivity may be
extended after conducting a summary
hearing w/in the 72-hrs period until the
application for preliminary injunction
can be heard.
The total period of effectivity of the
TRO shall not exceed 20 days, including
the 72 hours.
If application is denied or not resolved
within said period, the TRO is deemed
automatically vacated.
Effectivity of TRO is not extendible.
There is no need of a judicial declaration
to that effect.
A TRO issued by the CA or any of its
members is effective for 60 days from
service on the party sought to be
enjoined.
A TRO issued by the SC or a member
therof is effective until further orders.
GROUNDS FOR OBJECTION
1. insufficiency;
2. if injunction would cause
irreparable damage to the
person enjoined while the
applicant can be fully
compensated for such damages,
PROVIDED the former files a
BOND.
Distinctions
INJUNCTION PROHIBITION
 directed against a Directed against a RULE 60
party in the action court, tribunal or a REPLEVIN
person exercising
judicial powers The sheriff shall retain the property for
does not involve Based on the ground 5 days. Within such period, the adverse
jurisdiction of the that the court against party may object to the sufficiency of
court whom the writ is
the applicants bond or surety or he may
sought had acted
without or in excess of file a counter-bond.
jurisdiction
After 5 days and the adverse party failed
it may be the main Always the main to object or his counter-bond is
action itself or just a action insufficient, the sheriff shall deliver the
provisional remedy property to the applicant.

Distinctions

RULE 59
RECEIVERSHIP REPLEVIN ATTACHMENT

WHEN MAY BE GRANTED May be sought only Available even if

1. applicant has an interest in the when the principal recovery of property is
action is recovery of only incidental to the
property or fund subject of the
personal property. relief sought.
proceeding and such property is
in danger of being lost or Can be sought only when May be resorted to even
materially injured unless a defendant is in actual if the property is in
receiver is appointed; possession of the possession of a third
2. in foreclosure of mortgage, when property. person.
the property is in danger of
being wasted or dissipated and CANNOT be availed of Can be AVAILED of even
that its value is probably when property is in if property is in
insufficient to discharge the custodia legis CUSTODIA LEGIS.
mortgage debt or that it has
been agreed upon by the parties; Available before Available from
3. after judgment, to preserve the defendant answers commencement but
before entry of
property during the pendency of
judgment
an appeal or to dispose of it
accdg. to the judgment or to aid Bond is DOUBLE the Bond is FIXED by the
execution; value of the property court
4. when appointment of receiver is
the most convenient and feasible
means of preserving,
administering or disposing of the RULE 61
property in litigation. SUPPORT PENDENTE LITE

A person who refuses or neglects to When may be applied for: at the

deliver property within his control and
which is the subject of the action to the
receiver may be punished for contempt
and liable to the receiver for the money
or the value of the property PLUS
damages.
The receiver shall also file a bond before
entering upon his duties separate from
the bond filed by the applicant.
commencement of the action or at any
time before judgment or final order.
Failure to comply with an order granting
support pendente lite may warrant the
issuance of an order of execution against
the non-complying party. He may
likewise be liable for contempt.
See matrix on provisional remedies
more detailed information.