MOTION FOR BILL OF PARTICULARS pleading within the pd he was entitiled at the time of filing his motion

– not less than 5 days.

Bill of Particulars – more definite statement of facts and material
allegations in the pleadings. BoP (CIVIL) BoP (CRIMINAL)
R12 – filed BEFORE filing of R116 – filed BEFORE
Motion for Bill of Particulars – application before the court for a responsive pleading or if reply, arraignment
more definite statement within 10 days from receipt.
Nature: Formal and Litigated Motion – writing and requires notice Directed AGAINST the Directed AGAINST a criminal
pleading complaint or info
to the adverse party. And hearing.
Case of Denial – party may file Case of Denial – accused may
When to Appy and Purpose: R12S1 – before responsive his responsive pleading proceed with the
pleading, party may move for bill of particulars of any matter – not within the pd he is entitled to arraignment and enter his
averred with sufficient definiteness to enable him to prepare his but not less than 5 days plea unless tainted with GAD
responsive pleading. unless denial is GAD so, P for so, P for Certiorari
Certiorari
When to file: Case of Reply: within 10 days from the service
MBoP: Contains: Defects complained of, Paragraphs wherein BoP: Prohibited in Intra-Corporate disputes: Prohibited pleading
they are contained and Details desired. under the Interim Rules of Procedure on ICC (R1S1) – essential to
show on its face what are claimed to be fraudulent corporate acts
Courses of Action by the Court: MBoP: R12S2 – Upon filing based on devises and schemes of the BoD.
motion, CoC must immediately bring it to the attention of the court
which may GRANT OUTRIGHT, DENY or ALLOW PARTIES THE MBoP: Prohibited – RoSP: S19 by express provision.
OPPO TO BE HEARD.
MBoP: Prohibited – RoSC: S14(b) by express provision.
Compliance Order: MBoP – granted: Effective within 10 days
MBoP: Prohibited – Envi Cases: R2S2 by express provision.
from the notice of the order unless a diff period is fixed by the court.
How to File: Separate Pleading or Amended Pleading with svc of
copy to the adverse party.
Effects of Non-Compliance or Partial COmpliance: R12S4:
Order the striking out of the pleading, Order to strike the portions to
which the order was directed & Make such order as it deems just.
Effects: Filing of BoP or denial of the MBoP: R13S5: After svc
of BoP or notice of denial of MBoP, party may- file his responsive
 LIS PENDENS
Lis Pendens: pending suit: jurisdiction, power or ctrl which a court
acquires over the property involved in a suit, pending the
continuance of action until final judgment: Public Policy and
Necessity – keep the properties within the power of the court until
litigation is terminated.
Notice of Lis Pendens: When available – R13S14: Action
affecting title or right of possession of RP: Record in the office of
RoD of province in which RP is located a notice of pendency of
actions and Notice contains names of the parties and object of
action or defense and description of the affected property.
Effect: Annotation of NLP: Only from the time of filing notice will
the purchaser be affected – Constructive notice of the pendency of
the action and only of its pendency against the parties designated
by their real names.
Necessary incident of MLP: Property covered is placed under the
power and ctrl of the court having jurisdiction over the case to which
notice relates until litigation attains finality.
NLP: filed in court where case is pending and may also order
to cancel the same.
Dual Effects: LP – KEEP property within the power and ctrl of the
court until entry of final judgment in order to prevent defeat of said
judgment & BIND a purchaser of the property subject of litigation to
judgment that the court will promulgate.
Actions: LP is Proper – Action to… Recover possession of real
estate, quiet title, remove clouds, partitions and other proceedings
of any kind in Court directly affecting title of the land or use or
occupation.
Grounds: Cancellation of NLP: Maybe cancelled only upon the
order of the court after showing that the notice is for,
MOLESTING the adverse party,
NOT NECESSARY to protect rights of the party who caused it to be
recorded and
CASE had been terminated & notice cancelled by court,
SEC 77 of PD 1529 (registration of property),
EXCEPTIONAL circumstances imputable to the party who caused
the annotation
LITIGATION unduly prolonged to prejudice other party
CASE DISMISSAL basis of lis pendens notation for non-prosequitur
on part of the P
JUDGMENT rendered against the party who caused such notation
LP – deemed cancelled: only upon registration of cert of CoC in
which action was pending stating the manner of disposal and final
judgment in favor of the D.
Modes of Cancellation – LP: PD 1529 – S77: cancellation of LP
Cancellation of LP – merely an accident/ancilliary of the main
case
Remedy: Denial of Registration of LP be RoD: S117 (Property
Registration Decree) PD 1529 – remedy of appeal from denial of
the RoD to the LRA.
Rule: RoD is in doubt of the Registration of LP: S117: RoD is in
doubt with regard to the proper step to be taken in pursuance to any
deed, or any other instrument presented for registration, the
question shall be submitted to the Commissioner of Land
registration by RoD.
Duty: In case of denial – RoD: Notify the interested party in writing
the defects of the instrument, He may elevate the matter by
consulta within 5 days from receipt of notice of the denial of
registration of the Commissioner of Land Registration and RoD Made through notice to be filed Availed by way of M2D and
shall make a memo of pending consulta on the certificate of title with the RoD where the filed with the court where the
which shall be cancelled motu proprio by RoD. property is situated case is pending
DENIAL OF NOTICE OF LP: File the answer within
Duties: Commissioner of the Land Registration: he shall enter Party may file an appeal within remaining period but in no case
an order prescribing the step to be taken and memo to be made. 5 days to LRA en consulta (PD be less than 5 days (R16S4)
His resolution shall be conclusive and binding upon RoD provided 1529 S117)
that the party in interest who disagrees may appeal to CA within the NLP can be filed after the filing M2D based on LP – Filed
period and manner provided in RA 5434. of the action in court but before before filing a responsive
the finality of judgment pleading
Remedy: Adverse decision of the LRA: R43S1 – remedy for
petition for review (appeal) from the decision, resolutions and finals
orders of LRA.
Remedy: LRA denied appeal – R43S1 – Party may file an appeal
to CA by petition for review since decision of LRA exercising quasi
judicial function is appealable to CA
LIS PENDENS LITIS PENDENTIA
Remedy in case RP is subject Ground for dismissal of civil
of an action affecting title or actions. It refers to the situation
right of possession of Rp where two actions are pending
wherein the P and D when between same parties for the
affirmative relief is claimed in same cause of action so that
his answer may record in the one of them becomes
office of RoD of the province unnecessary.
where the property is situated –
a notice of the pendency of the
action
PURPOSE: Keep property Dismissal of the action under
subject of action within the R16 S1(e) in order to avoid
power & ctrl of the court until multiplicity of suits.
entry of final judgment and Bind
a purchaser of the property
subject of litigation to the
judgment that the court will
subsequently promulgate.
 MOTION TO DISMISS (RULE 16)
M2D: application for the dismissal of the action based on the
grounds set forth in R16 S1 to be filed before the filing of the
responsive pleading.
Nature: M2D: R15S8: Omnibus Motion – attacking a pleading,
judgment or proceeding.
GR: Defenses and objections not pleaded wither in a M2D or
answer are deemed waived (R9S1)
XPN: to Omnibus Motion Rule: Defenses not waived: If not
raised in M2D: R9S1 – LoJ/subjmatter, another action pending bet
same parties with same cause (LP), BPJ (RJ) & barred by
SoL/prescription
Hypothetical Admission Rule – when M2D is filed, material
allegations of the complaint are deemed to be hypothetically
admitted.
Grounds: M2D: R16S1: EXCLUSIVE ENUMERATION – Within
the time for but before filing answer,
a. Court has no jurisdiction over person of the defendant
b. Court has no jurisdiction over the subject matter
c. Venue is improperly laid
d. Plaintiff has no legal capacity to sue
e. Another action pending bet same parties for the same cause
f. CoA is barred by prior judgment or SoL
g. Pleading asserting a claim states no CoA
h. Claim or demand in the pleading had been paid, waived,
abandoned or extinguished
i. Claim on which action is founded – unenforceable under
SoF
j. Condition precedent for filing claim has not been complied
with
A. COURT: no jurisdiction over the person of the
defending party.
How: court acquire jurisdiction over person of the defendant:
Through valid service of summons or voluntary appearance in court
and submission to its authority.
Effects: Invalid service of summons: court acquires no
jurisdiction over their person and judgment against them is null &
void.
Objection to the jurisdiction: may raise in M2D or as an
affirmative defense (R16 S1 or S6)
M2D questioning jurisdiction over the person of the defendant
along with other grounds – not voluntary appearance:
Voluntary appearance is without qualification to which he waived
his defense of lack of jurisdiction over his person due to improper
svc of summons
B. COURT: no jurisdiction over the subject matter
Can be raised anytime and not lost through estoppel by
laches: conferred only by law.
May be invoked anytime even on appeal
LoJOSM – ground for M2D: RoSP S19(a): GR - M2D not allowed
in RoSP: XPN: LoJOSM or failure to comply with Barangay Law
Motu Proprio Dismissal of action based on any grounds:
RoSP: S4
C. VENUE – improperly laid
No Motu Proprio dismissal: venue may be waived for failure to
object it and parties may stipulate on the exclusivity of such venue.
Not jurisdictional.
Motu Proprio Dismissal: RoSP: S4: RoSC: S11
Effect of Dismissal: Improver Venue: R16 S5: subject to the right
of appeal, order granting M2D based on FHI – bar the refiling of the
same action.
Remedy of P: Dismissal of the action – improper venue:
dismissal on all other grounds under R16 shall be WITHOUT
prejudice so, may re-file the action.
Dismissal of action – IV: not appealable – order of dismissal is
WITHOUT prejudice to the re-filing of the case: R41S1: No appeal
may be taken from an order dismissing the action without prejudice.
IV – raised as affirmative defense if: No M2D is filed: R16S6: in
the discretion of the court, prelim hearing may be had if a M2D is
filed.
Remedy: Denial of M2D based on IV: merely interlocutory hence,
not a final order. So Go to trial and appeal from the adverse
decision. But if denial is taited with GADALEJ – P for Certiorari
under R65
D. P – no legal capacity to sue
P not in full exercise of his civil rights (civil interdiction)
P does not have character or representation that he claims
ForCorp doing Business in PH without securing license
Minority, Insanity, Incompetence, Lack of Juridical Personality or
A38 of CC
E. Another action pending between same parties for the
same cause
Litis Pendentia: pending suit
Requisites: All must be present: identity of the parties, Identity of
rights asserted & reliefs sought and identity with respect to 2
preceding particulars such that judgment may be rendered in the
pending case that would amount to RJ in the other.
F. Cause of Action – barred by prior judgment or statute
of limitation
Barred by Prior judgment: RJ: Public Policy + Necessity and
hardship of individual that he should be vexed twice for the same
cause. Basis: parties ought not to be permitted to litigate the same
issue more than once.
RJ: Requisites: There is final order or judgment, court rendering it
must have jurisdiction over parties and subject matter, judgment or
order on the merits and between two cases, there is identity of CoA,
subject matter and parties.
Effect: RJ: bars the re-litigation of facts or issues that have once
been settled by a court of law upon a final judgment on the merits.
Absolute identity of CoA – not required
RJ: not applicable in case of exercise of administrative powers
(only to quasi-judicial and judicial proceedings): XPN:
Administrative proceedings take on an adversary character.
Barred by Statute of Limitations: Prescription – only if the
complaint shows on its face that the action has prescribed.
When: Prescription of action interrupted: A1155 CC: Action is
filed in court, extrajudicial demand and written acknowledgement of
debt by the debtor.
G. Pleading asserting claim states no CoA
Failure to state a cause of action; insufficiency of the allegation
in the petition.
Lack of cause of action; insufficiency of factual/legal basis to grant
the complaint.
Sufficiency not veracity of the material allegations and factual
basis in the complaint – necessary.
Elements: Complaint states a CoA: All are present: right in
favor of the plaintiff, obligation to respect such right, act or omission
of the defendant to violate such right.
Documents attached to complaint may be considered in
determining the sufficiency of material allegations contained;
Defendant must show that claim for relief does not exist.
Instances where M2D can be availed of – complaint failed to
state CoA; Complaint does not contain all the facts constituting the
P’s CoA, P not the RPI and P did not exhaust all admin remedies.
H. Claim or demand in the P’s pleading had been paid,
waived, abandoned or extinguished
Modes: Extinguishment of an Obligation: A1231 CC:
Payment or Performance
Loss of thing due
Confusion or merger of rights of DR & CR
Compensation
Remission or condonation
Novation
Laches; negligence or omission to assert a right within a
reasonable time, warranting the presumption that the party entitled
to assert his right either abandoned or declined to assert it.
I. Claim on which the action is founded – unenforceable
under the Statute of Frauds
 Agreement – by its terms is not to be performed within a
year from the making
 Special promise to answer for the debt, default or
miscarriage of another
 Agreement made in consideration of marriage
 Agreement for the sale of goods, chattels or things in action,
at a price not less than 500 unless the buyer accepts and
receives part of such goods or chattels
 Agreement for leasing for a longer period than one year or
sale of property or of an interest
 Representation as to the credit of a third person.
J. Condition precedent for filing the claim – not complied
with
Referral to the Barangay
Exhaustion of Administrative Remedies
Earnest Effort towards Amicable settlement between members of
family
CoNFS
Payment of Docket Fees
Tender of payment in consignation
Arbitration
Demand to vacate and payment of rentals or reasonable
compensation for use and occupation of property
Prior resort to an ADR
 Referral to the Barangay; Lack of barangay conciliation
must be raised in M2D – otherwise deemed waived if not
seasonable raised.
Non-referral of case before Brgy – SP; S19(a); ground for M2D
an action XPN: LoJ/SM
 Exhaustion of Administrative Remedies; courts must
allow admin agencies to carry out their functions and
discharge their responsibilities within specialized area of
their respective competence.
Not applicable; Purely legal questions, Controverted act is patently
illegal or performed without jurisdiction or excess thereof, R is the
department of Secretary – as alter ego of Pres bear the assumed
approval of the latter unless disapproved by him and Circumstances
indicating urgency of a judicial intervention.
 Earnest Effort towards Amicable settlement between
members of family; A151 of FC – No suit between
members of family shall prosper unless there is an
earnest effort to a compromise; Referral of the case to
lupon barangay is compliance under said rule.
 Demand to vacate and payment of rentals or reasonable
compensation for use and occupation of property;
R70S2; as expressly mandated
 Prior resort to an ADR; express stipulation in written
agreement that action shall be referred to an ADR, hould be
complied with otherwise will cause dismissal of action.
M2D in Interpleader; R62S4; grounds - impropriety of
interpleader action and on appropriate grounds specified in R16
Effect; filing M2D; period to file an answer shall be tolled.

No Motu Proprio dismissal – just a M2D under R16 S1(j); Remedy – denial of motion; movant may file his answer within the
condition precedent had not been complied with remaining pd but which shall not be less than 5days , reckoned from
the notice of denial.
No compromise is allowed; A2035 CC; Civil status of persons,
future support, validity of marriage or legal separation, any ground
for LS, future legitime and jurisdiction of court.

 Certificate of Non-forum Shopping; mandatory and basic

for procedural orderliness. Non-compliance – ground for
dismissal of the action.
 Payment of Docket Fees; vest the court with jurisdiction
over subject matter or nature of action. Jurisdictional in
nature.
 Tender of payment in consignation; A1256 CC; if cr to
whom tender of payment has been made refuses without
just cause to accept it, dr shall be released from
responsibility by the consignation of the sum or thing with
the court.
 Arbitration; mode of settling disputes between parties. A
product of meeting of the minds of parties submitting a pre-
defined set of disputes
Hearing of Motion: R16S2: Rule on hearing of the M2D: Submit
their arguments on the question of law, submit their evidence on the
questions of fact except those not available at that time and if case
goes to trial, evidence presented during the hearing shall
automatically be part of the evidence of party presenting the same.
Resolution of the Motion; R16S3
Course of action of the court; M2D; After hearing, the court may
resolve the motion by: dismissing the action or claim, deny the
motion and order the amendment of the pleading
Limitation in the resolution of motion; Court not defer the
resolution of the motion for the reason that the ground relied upon
is not indubitable and in every case, resolution shall state clearly
and distinctly the reasons.
Time to Plead; R15S4;
When; file an answer in case of denial of motion; file his answer
within the balance of period prescribed by Rule 11 – which was
entitled at the time of serving his motion and such period shall not
be less than 5 days from his receipt of the notice
When; file answer in case amendment of pleading – ordered;
file his answer within period prescribed by R11 counted from
service of emended pleading unless court provides a longer period.
Remedies; denial of M2D; nature of order; after the denial of
M2D, D file an answer and go to trial and if decision is adverse, then
appeal. XPN; court denying the M2D acted GADALEJ (capricious
and whimsical exercise of judgment) – P for certiorari under R65
GR: Order denying M2D – interlocutory order; does not
dispose of the case; appeal from the judgment after trial but go on
trial first.
Denial of M2D; assigned as error on appeal; assign the
interlocutory order as an error of the court on appeal.
P for Certiorari R45; not the proper remedy – denial of M2D but
P for Certiorari R65
Effect of dismissal; subject to right of appeal, an order granting a
M2D based on FHI shall bar the re-filing of the action or claim.
Remedy; Dismissal of action; FHI: appeal since it is a final order
(nature) and an adjudication on the merits which bars the refiling of
the action.
Remedy; Dismissal of action; other than FHI; re-filing of the
action or amendment of the pleading.
Pleading the grounds; Affirmative Defenses – if no M2D had
been filed or discretion of the court, prelim hearing if M2D –
filed; R16S6
Effect; dismissal of the action; WITHOUT prejudice to the
litigation of the same.
Grant M2D; not interlocutory since proceedings are terminated so
remedy of P is to appeal the order. Remedy; dismissal under R16;
interlocutory so, file an answer and interpose as defense the Effects; dismissal; court may award Damages, Atty’s fees and
objections raised by him in said motion and proceed to trial but in Costs of suit under a counterclaim if such has been filed. Nature;
case of adverse decision, elevate the case by appeal in due course. dismissal; WITH prejudice.
BUT, denial is tainted with M2D – GADALEJ then P for certiorari.
Effects; Defense is rejected by court – evid adduced during
SLAPP (Strategic Lawsuit against Public Participation); summary hearing shall be treated as evidence of the parties on
affirmative defense; R6S1 – RoEC. merits of case and action shall proceed in accordance with RoC.
SLAPP – legal action filed to harass, vex, exert undue pressure or GR: M2D not allowed in SP – S19(a); XPN; LoJ/SM and non-
stifle any legal recourse that any person, institution or govt has referral before brgy.
taken in the enforcement of environmental laws and protection of
M2D; Prohibited motion – RoSC; S14 & RoEC; R2S2(d)
the envt.
How; allege SLAPP – as defense; R6S2; in SLAPP filed against MOTION TO DISMISS DEMURRER TO EVIDENCE
R16 – Omnibus & Litigated R33 – Litigated motion
a person involved in environmental laws – file an answer
motion.
interposing as a defense that the case is SLAPP and supported by
It has 10 grounds (exclusive) – Ground – insufficiency of evid
docs, affid and other evid and by way of counterclaim, pay for R16S1 that upon facts and law, P has
damages, atty’s fees and cost of suit. no right to relief
Duty of Court; it shall direct the P or adverse party to file an Remedy; denial of M2D – file D to proceed with the trial and
opposition showing the suit is not SLAPP and attaching evid in answer within balance pd to in case of adverse decision,
which he is entitled but not less appeal.
support within a non-extendible pd of 5 days from receipt of notice
than 5 days, raise as
that an answer had been filed.
affirmative defense in answer,
Hearing of the SLAPP – set on; set by court after issuance of the proceed to trial and if decision
order to file an opposition within 15 days from filing of the comment is adverse, then appeal and
or the lapse of period. raise denial as assignment of
error unless, denial is GAD
Nature of hearing; R6S3; Summary hearing; Duties of parties; hence, certiorari
submit all available evidence in support of their position; Quantum Grant; M2D; order of dismissal Final order – adjudication on
of evid required – dismissal of case; Substantial evidence that either WITH or WITHOUT the merits
his act for the enforcement of environmental law is a legitimate prejudice
action for the protection of envt. M2D – filed before the filing of After the P, had rested its case
responsive pleading
SLAPP – Resolution of the defense; R6S3 – affirmative defense Remedy of P; grant of M2D – Appeal order being final order
of SLAPP shall be resolved within 30 days after summary hearing. appeal if dismissal is WITH and adjudication upon merits
prejudice
 DISMISSAL OF ACTION BY PLAINTIFF (R17) Nature of dismissal; WITHOUT prejudice; Requirement;
dismissal of class suit or compromise; class suit not dismissed
Non-Prosequitur Doctrine; Ground for Dismissal; whether
without approval of the court.
under circumstances, P is chargeable with want of due diligence in
failing to proceed with reasonable promptitude. Unwillingness on Dismissal due to the fault of the plaintiff; R17S3; Instances;
part of P to prosecute. constituting failure to prosecute; For no justifiable cause,
complaint may be dismissed upon motion of D or upon court’s own
Manner of dismissal of action by P; R17- Dismissal upon notice
motion or without prejudice to the right of D to prosecute his
of P (S1); Dismissal upon motion of P (S2); Dismissal due to fault
counterclaim in the same or separate action –
of P (S7)
P fails to appear on date of presentation of his evid in chief of the
Dismissal upon notice of P; R17S1; When, P move for
complaint,
dismissal of action upon notice; a complaint may be dismissed
Failure to prosecute his action for unreasonable length of time and
by P by filing a notice of dismissal at any time before svc of answer
Failure to comply with these Rules or order of the court.
or motion for summary judgment.
Dismissal under R17S3 (dismissal for failure to prosecute are
Notice of dismissal – not applicable when there is already a
final orders) – adjudication on the merits; Remedy – appeal
judgment.
and not Certiorari; GR: writ of certiorari will not issue where
Action of court – notice files; issue an order confirming the remedy of appeal is available to the aggrieved party.
dismissal. Nature; WITHOUT prejudice; XPN; Two-Dismissal rule
Counterclaim arising from an unfounded suit – proceed
– notice operates as an adjudication upon merits when filed by P
despite dismissal of complaint for LoJ/PoD; if its states sufficient
who was once dismissed in a competent court an action based on
CoA
or including same claim.
Nature of dismissal; adjudication on the merits and WITH
Dismissal upon motion of plaintiff; R17S2; Requirements; Xp
prejudice to filing of another action XP order of dismissal contains
as provided in preceding sec, complaint shall not be dismissed at
qualification that dismissal is WITHOUT prejudice.
P’s instance save, Upon approval of court and Upon such terms
and conditions as the court deems proper. Dismissal of complaint either Motu Proprio or motion by D;
failure on the part of the P, without justifiable cause, to comply with
Effects; service of motion for dismissal upon the D; Dismissal
the order of the court or rules, or to prosecute his action for an
is limited to the complaint and Dismissal shall be without prejudice
unreasonable length of time. P upon order of dismissal may move
to the right of the D to prosecute his counterclaim in a separate
for MR to establish justifiable cause for such failure.
action unless within 15days from notice of the motion he manifests
his preference to have his counterclaim resolved in same action Dismissal under R17S3 – discretionary; Unqualified order (If it
does not expressly state if it is WITH or WITHOUT prejudice) of
dismissal – dismissal WITH prejudice and adjudication on the
merits.
Dismissal for failure to comply with the order of court –
adjudication upon merits (R17S3) unless provided by court that it is
without prejudice.
Failure to attend scheduled hearings due to palpable
negligence of counsel to notify the party; ground for relaxation
of R17S3.
Dismissal of Counterclaim, Cross-Claim or Third- Party
Complaint; R17S4 – by express provision of the rules.
When; Voluntary Dismissal; before a responsive pleading, before
a motion for summary judgment is served and If there is none,
before introduction of evid at the trial or hearing.
 INTERVENTION (R19) parties and if the intervenor’s rights may not be protected in a
separate proceeding.
Intervention – remedy by which a 3rd party who is not originally
impleaded in a proceeding becomes a litigant for purposes of R19S2; movant to file the motion for intervention before the
protecting his or her right or interest that may be affected by the rendition of judgment and to attach pleading-in-intervention or after
proceedings (not an absolute right) the rendition of judgment if movant is an indispensable party.
Purpose; enable a stranger to an action to become a party in order Duties of court, case of intervention; WoN intervention will
for him to protect his interest and court to settle all conflicting claims. unduly delay or prejudice adjudication of rights of the original parties
Avoidance of multiplicity of suits and WoN intervenor’s rights may not be protected in a separate
proceeding.
Option of the Intervenor; Can choose not to participate in the case
and he will not be bound by the judgment. Nature of Interest; Actual, substantial, material, direct and
immediate.
Granting/Denial of Intervention – discretionary upon court;
INTERVENTION (R19) INTERPLEADER (R62)
Intervention allowed – beyond the period; when demanded by
Ancilliary action Original action
the higher interest of justice and afford the chance to be heard by Proper in any 4 situations P has no interest in the subj
indispensable parties who were not impleaded even after a decision mentioned in the rule who has matter of action or has an
was rendered. legal interest. interest, whole or part, not
disputed by other parties to the
Allowed when; intervention; not a matter of right but may be
action
permitted by courts when applicant shows facts that would suffice
Complaint in intervention – D D are being sued to implead
for the said intervention. were already original parties to them
Who; Intervene; R19S1 – person may by LoC intervene if he has pending suit
legal interest over; Filed where the original action Filed at the 1st instance with
is pending RTC/MTC depending on
Matter of litigation, nature of property and its value
Success of either of the parties and Remedy – denial of Appeal the judgment
Interest against both or is so situated as to be adversely affected by intervention, appeal denial
a distribution or deposition of property in custody of the court or an being a final order or file
officer may with LoC be allowed to intervene in the action. separate action

Requirements; Court to allow intervention; R19S1; both must

concur; movant has legal interest or is qualifies; if intervention will Time to Intervene; M2I; R19S2 – may be filed at any time before
not unduly delay or prejudice adjudication of rights of the original rendition of judgment by TC.
M2I; what must be attached; copy of pleading-in-intervention
attached to motion and served on original parties
GR: Intervention cannot be made on appeal; XPN; court may allow
intervention after judgment where it is necessary to protect some
interest and allowed for purpose of preserving intervenor’s right to
appeal.
Pleadings-in-intervention; R19S3; Rules; Intervenor shall file
complaint-in-intervention if he asserts a claim against either or all of
the original parties or answer-in-intervention if he unites with
defending party in resisting a claim against the latter.
Answer to Complaint-in-intervention; R19S4; When – file
responsive pleading; shall be filed within 15dys from notice of
order admitting the same unless a different period is fixed by court.
Failure to file answer-in-intervention; Default
Intervention; prohibited pleading – RoSP; S19(1); RoSC –
S14(1) by express provision of the rules
Pleadings – not allowed in P for WoA & HD; Counterclaim, cross-
claim, third-party complaint, reply and pleadings-in-inetervention
M2I – allowed in Envi cases; R2S1 – RoEC
 PROVISIONAL REMEDIES (R57-61)
Provisional remedies – 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 pending rendition
of final judgment.
Provisional; constitute temporary measure availed of during
pendency of action; Ancilliary; mere incidents and dependent
upon the result of the main action.
Kinds of PR: Preliminary Attachment (R57), Preliminary Injunction
(R58), Receivership (R59), Replevin (R60), Support Pendente Lite
(R61)
Preliminary Attachment; provisional remedy issued upon the
order of court where action is pending, to be levied upon properties
of D, to be held by the sheriff as security for the satisfaction of
whatever judgment rendered in said action in favor of attaching CR
against D
Grounds; R57S1
 Action for recovery of specified amount of money or
damages on Coa arising from law, contract, quasi-contract,
delict, quasi-delict
 Action for money or property embezzled ore fraudulently
misapplied or converted to his own by a PO, Atty, officer of
Corp or any other person in a fiduciary capacity
 Action to recover possession of property unjustly or
fraudulently taken, detained or converted, when property
has been concealed or removed to prevent its being found
 Action to which person is guilty of fraud in contracting debt
 Action to which person who has removed or disposed his
properties with intent to defraud creditors
 Action against a party who does not reside ad not found in
PH
Preliminary Injunction; provisional remedy by order of court
granted at any stage of a proceeding prior to the judgment of final
order, requiring a party, court, agency or person to refrain from
particular acts (PPI) or require performance of a positive act to
correct a wrong (PMI)
Permanent Injunction; issued in the judgment of the case
permanently restraining D.
TRO; interlocutory order or writ issued by court as restraint on D
until proprietary of granting an injunction can be determined or
preserve status quo until said determination.
Grounds; R58S3; Requisites; right to be protected and acts
against which injunction is to be directed are violative of said right.
Receivership; ancilliary remedy in a proceeding (insolvency) which
is accidental to the main proceedings. Object is to prevent imminent
danger to property.
Grounds; R59S1; Court – appoint receiver; Court where action
is pending, CA and SC
Replevin; proceeding by which the owner or one who has general
or special property in the thing taken or detained seeks to recover
possession in specie, recovery of damages is merely incidental.
Application; R60S1; At commencement of action or at any time
before the answer.
Support Pendente Lite; a provisional remedy to which amount
adjudicated by court during the pendency of action for support upon
application by P at commencement of proper action or anytime prior
to judgment or order
 RESPONSIVE PLEADING
Responsive Pleading – pleading which responds to the pleading
of the adverse party.
Answer to: Orig Complaint, Permissive Counter-claim, Cross-
claim, 3rd-part complaint, complaint-in-intervention, amended
pleading, supplemental pleading,
Reply to all answers,
Compulsory counterclaim
Response in: SP and SC, P for WoA, HD & K & CM
Is there a need to verify – responsive pleading; R7S4(1) –
pleadings need not be under oath, verified or accompanied by
affidavit XP when specifically required by law or rules.
RP; should be verified or under oath;
Answer denying allegation on genuineness and due execution of
actionable doc (R8S8)
Ans denying allegations of Usury (R8S11)
Ans to written interrogatories (R25S2)
Ans to request for admission (R26S2)
Ans to Orig Complaint under RoSP
Ans to complaint in Envi cases
Period to file Responsive Pleading
Answer; R6S4; pleading in which D party sets forth his defense
Answer to: Og complaint, permissive counterclaim, cross-claim,
amended complaint, 3rd-party complaint, complaint for interpleader,
complaint-in-intervention, complaint in partition, complaint for FE &
UD, SC cases and envi cases.
Period to Plead; R11S1-10
Answer to Complaint; R11S1 – D file his answer to og complaint
after svc of summons within, 15 days unless a diff period is fixed by
court.
Answer of a D foreign private juridical entity; R11S2; where svc
of summons is made on the govt official designated by law to
receive it, answer – filed within 30 days after receipt of summons.
Answer to Amended Complaint, R11S3; P files amended
complaint as matter of right, D shall answer within 15 dys after being
served with a copy
Answer to Counterclaim or Cross-claim; R11S4; answered
within 10 days from service
Answer to 3rd-party complaint; R11S5; governed by same rule
as the answer to the complaint (within 15days after svc of
summons)
Answer in complaint-in-intervention; R11S4; within 15days from
notice of order admitting it unless a different pd is fixed by court.
Reply; R11S6; within 10days from service of pleading responded
to.
Answer to supplemental complaint; R11S7; within 10days from
notice of order admitting it unless a different period is fixed by court.
Effect; D – not file answer to supplemental complaint; answer
to complaint serves as answer in supplemental complaint
Existing Counter-claim or crossclaim, R11S8; compulsory
counterclaim or cross-claim that a D has at the time he files his
answer shall be contained therein
Counter-claim or crossclaim arising after the answer; R11S9;
counterclaim which either matured or acquired by party after
serving his pleading, with permission of court, presented as a
counter-claim or crossclaim by supplemental pleading before
judgment.
Omitted Counter-claim or crossclaim; R11S10; pleader fails to
set up counterclaim through inadvertence, oversight or excusable
neglect, or if justice requires, he may, by LoC, set up the
counterclaim by amendment before judgment.
Answer to Interrogatories; R125S2; Requirements; fully in
writing and signed and sworn to by the person making them.
When to file; file and serve a copy of the answers on the party
submitting the interrogatories within 15 days after service unless
court, on motion of good cause shown, extends or shortens the
time.
Filing of answer in complaint for Interpleader: Declaration of
Default; R62S5; pleadings – filed by claimants; his answer
setting forth his claim within 15days from service of summons upon
him, serving copy upon each of the other conflicting claimants and
claimants served with answer may file their reply as provided by the
rules.
Effect; failure to file answer – within the time allowed; Declare
him in default and render judgment barring him from any claim with
regard to the subject matter
Answer in Expropriation; R67S3; Remedy D – case he objects
to complaint for expropriation; serve his answer within time
stated in the summons. Answer shall specify the property in which
he claims to have an interest, state nature and extent of the interest
claimed and adduce all his objections and defenses to the taking of
property.
No Counterclaim, crossclaim & 3rd-party complaint – in an
action for expropriation, by express provision of the S3 R67
Effects; failure of D to raise objections & defenses; waives all
of it and court may, in interest of justice permit amendments to the
answer to be made not later than 10days from the filing.
Filing of an answer in FE & UD; R70S6; Remedy D – receipt of
summons; file his answer to complaint, serve a copy to P
Rule – raising defenses in answer; affirmative and negative
defenses not pleaded deemed waived XP LoJ/SM and Crossclaims
and compulsory counterclaims not asserted in answer are barred.
When; file answer to counterclaims & cross-claims; within 10
days from service of the answer in which they are pleaded.
Response; Small Claims cases; S11 – R0SC; When – file
response; D shall file with the court & serve on P a duly
accomplished and verified response within non-extendible pd of
10days from receipt of summons.
Docs to be attached to the verified response; certified
photocopies or docs, affidavit of witnesses and other evid in
support.
Effects; non-submission of evid in response; rule is that, no evid
shall be allowed during hearing which was not attached to or
submitted together with the response unless for good cause shown
for additional evid. Remedy D – grounds for dismissal; it should
be pleaded.
Answer in Summary Procedure; S5 - RoSP; when to file; within
10days from receipt of summons, D shall file his answer to
complaint and serve copy to P.
Rule – raising defenses in answer; affirmative and negative
defenses not pleaded deemed waived XP LoJ/SM and Crossclaims
and compulsory counterclaims not asserted in answer are barred.
When; file answer to counterclaims & cross-claims; within 10 information sufficient to form belief as to truth of material averment
days from service of the answer in which they are pleaded. in complaint which has effect of denial (DISAVOWAL OF
KNOWLEDGE)
Answer in Environmental cases; S14 – RoEC; When to file;
within 15days from receipt of summons, D shall file verified
response to complaint & serve a copy to P.
Docs – accompany answer; affid of witnesses, reposrts, studies
of experts and all evid in support of defense.
Rule – raising defenses in answer; affirmative and negative
defenses not pleaded deemed waived XP LoJ/SM and Crossclaims
and compulsory counterclaims not asserted in answer are barred.
When; file answer to counterclaims & cross-claims; within 10
days from service of the answer in which they are pleaded.
Kinds of Defenses; R6S5; Negative or Affirmative
Negative Defense – specific denial of the material fact or facts
alleged in the pleading of the claimant essential to his cause of
action
Affirmative Defense – allegation of a new matter which, while
hypothetically admitting the material allegations in pleading of
claimant, would nevertheless prevent or bar recovery by him.
Kinds of AD; Fraud, SoL, release, payment, illegality, SoF,
estoppel, Former recovery, discharge in bankruptcy, SLAPP and
any other by way of confession
Rule – Specific denial of material allegations in the complaint;
R8S10; by specifying each material of fact in complaint, truth of
which D does not admit & whenever practicable, setting forth
substance of matters which he will rely upon to support his denial
(ABSOLUTE DENIAL); by specifying so much of an averment in the
complaint as is true and material and denying only the remainder
(PARTIAL DENIAL); by stating that D is without knowledge or
Defenses & Objections – not pleaded; deemed waived; R9S1;
as mandated by the rule.
Defenses – not deemed waived even if not raised; LoJ/SM,
another action pending bet same parties for same cause, barred by
prior judgment & barred by SoL.
Counterclaim/Cross-claim (S6-8 R6)
Counterclaim; R6S6; any claim which a defending party may have
against an opposing party. Nature; new suit, D is P and P is D.
Kinds of Counterclaim; Compulsory (Recoupment) and
Permissive (Set-Off)
Compulsory Counterclaim; R6S7; a responsive pleading to which
a claim arises out or is necessarily connected with the transaction
or occurrence that is the subject matter of the opposing party’s
claim & does not require its adjudication presence of 3rd parties of
whom court cannot acquire jurisdiction.
Requisites; CCC; R6S7 & R11S8;
 It arises out or is necessarily connected with the transaction
or occurrence that is the subject matter of the opposing
party’s claim
 It does not require its adjudication presence of 3rd parties of
whom court cannot acquire jurisdiction
 Cognizable by regular courts of justice
 Within the jurisdiction of court both as to amount and nature
XP in an original action before the RTC, CC is compulsory
regardless of the amount
 Already existing at the time defending party files his answer
Permissive Counterclaim; an initiatory pleading to which a claim
which does not arise out of nor is necessarily connected with
subject matter of the opposing party’s claim which requires
presence of 3rd person for its adjudication.
Compulsory CC Permissive CC (Set-Off)
(Recoupment)
claim arises out or is claim which does not arise out
necessarily connected with theof nor is necessarily connected
transaction with subject matter
Barred is not set up in answerNot barred even if not set up in
answer
P need not to answer XP in SP P must answer being an
initiatory pleading
P does not answer – cannot be P who does not answer will be
declared in default declared in default
Does not require CoNFS Requires CoNFS
Payment of docket fees is Payment of docket fees is
suspended as per reso of SC – required
Sept 2004
Compelling Test of Compulsoriness; requires logical relationship
bet claim and counterclaim, that is, where conducting separate trials
of respective claims of parties would entail a substantial duplication
of effort and time by parties & court.
Counterclaim in case of SLAPP as a Defense; R6S2; D can raise
a CC in SLAPP case as provided by the rule – file an answer
interposing as defense that case is SLAPP and supported by docs,
affidavits and papers and by way of CC pray for damages, atty’s
fees and cost of suit.
Cross-claim; R6S8; a claim by one oarty against a co-party arising
out of the transaction or occurrence that is subjmatter ither of orig
action or of a counterclaim.
 Cross-claim Counterclaim
Claim against co-D in a suit Claim against an opposing
party
Arises out of the transaction or May or may not arise out of
occurrence that is subjmatter of same transaction
orig action or counterclaim
Compulsory CC and cross-claim – set-up otherwise, barred;
R9S2
Counter-counterclaim; R6S9; claim by defending party against a
counter-claimant
Counter-crossclaim; R6S9; claim by defending party against the
original cross-claimant
Rule – bringing new parties for counterclaim and crossclaim;
R6S12; as expressly provided, when presence of parties other than
those to the orig action is required for the granting of complete relief
in determination of a counterclaim or cross-claim, court shall order
them to be brought in as defendants, if jurisdiction over them can
be obtained.
Compulsory CC and Crossclaim – allowed; RoSP, S3
Compulsory and Permissive CC – allowed; RoSC
CC, CC, 3rd party complaint, reply and pleadings in intervention
– not allowed in P for WoA and WoHD
Compulsory CC – allowed; RoEC; by express provision of R2S1
CC and CC – can by raised by parties in interpleader; as
expressly provided in R62S5
No CC or CC – Expropriation proceedings; expressly
mandated in R67S3
REMEDIES/PROCEEDINGS AFTER FILING OF RESPONSIVE
PLEADING
 Reply; R6S10; pleading – office or function of which is to
deny or allege facts in denial or avoidance of new matters
alleged by way of defense in the answer.
Effect; failed to file reply – all new matters alleged in the answer
are deemed controverted
 Third-party complaint; R6S11; claim that a defending
party may, with LoC, file against a person not party to the
action, called third party defendant, for contribution,
indemnity, subrogation or any other relief, in respect to his
opponent’s claim. Nature; procedural
Requisites; party to be impleaded must not be a party to the action,
claim against the third party defendant must belong to the original
defendant and claim against the third party defendant must be
based upon plaintiff’s claim against the original defendant and
defendant is attempting to transfer to the third party defendant the
liability asserted against him by original plaintiff
Pleadings – filed in TC of QC; complaint, answer and reply.
Limitations – pleadings filed after reply; with prior LoC and no
case shall exceed 40 pgs, double space and 14 size font.
Third- Party complaint – prohibited under RoSP (S19(k)) RoSC
(S14(k)) RoEC (R2S20(f)); by express provision of the law
 Amendment by Leave of Court; R10S3 – substantial
amendments made by LoC. Court may refuse to grant if
motion was made with intent to delay.
Requirement to allow LoC; motion filed in court, after notice to the
adverse party and opportunity to be heard.
Limitations – Amendment should not substantially change the CoA to interrogatory or cross0interrogatory and subscribed by
or alter theory of the case or made to delay the action BUT, such the witness.
will be allowed when it is sought to serve higher interest of
Class suit – not dismissed or compromised without the approval of
substantial justice, prevent delay and secure a just, speedy and
the court.
inexpensive disposition of action.
When to avail deposition; R23S1; by LoC after jurisdiction has
Remedy; denial of Motion for leave to amend; P for Certiorari
been obtained over any defendant and without LoC after an answer
under R65 since order granting motion is merely discretionary and
has been served.
for being interlocutory which is not appealable under R41S1 and if
it is tainted with GAD.

 Supplemental Pleading; R19S6; When to file – upon

motion of a party, court may permit to serve supplemental
pleading, that set forth the transactions, occurrences and
events which have happened since date of pleading sought
to be supplemented.
Office of SuppPlea; GR – leave will be granted to party who
desires to file a supplemental pleadings that alleges any material
fact which happened within party’s knowledge after the original
pleading was filed.
Admission of SuppPlea – discretionary to court.

 Dismissal upon motion of the plaintiff; R17S2;

Requirements – upon approval of court and upon such
terms and conditions as court deems proper. Nature;
without prejudice
Effects; service of motion for dismissal upon defendant –
dismissal shall be limited to the complaint and dismissal is without
prejudice to right of defendant to prosecute his CC in separate
action within 15days from notice of motion

 Deposition pending action – testimony of witness, put or

taken in writing, under oath or affirmation, before a
commissioner, examiner of other judicial officer, in answer
 JUDGMENT ON THE PLEADING (R34S1) complaint are admitted – such
motion can be made ex parte
Judgment on the pleading; judgment rendered in favor of a party
to an action, on motion, where an answer fails to tender an issue
or admits material allegations of the adverse party’s pleading. MOTION FOR SUMMARY JUDGMENT (R35)

Basis; based exclusively upon allegations appearing in the Summary judgment – procedural device resorted to in order to
pleadings of parties and annexes without consideration of any avoid long drawn out litigations and useless delays and that such
evidence aliunde judgment is generally based on facts proven summarily by
affidavits, depositions, pleadings or admissions of parties.
Judgment on Pleading proper, when; R34S1; if answer fails to
tender an issue or admits material allegation of adverse party’s Summary judgment – when proper; Requisites; upon motion of
pleading, court, may on motion of that party, direct judgment on P or D, court finds that the answer filed by the D does not tender a
such pleading. genuine issue as to material fact XP, amt of damages and that one
party presenting motion for SJ is entitled to a judgment as matter of
Judgment on Pleading Summary Judgment law
Judgment rendered in favor of procedural device in order to
party to an action, on motion, avoid long drawn out litigations Nature & purpose; Procedural; in order to avoid long drawn out
where answer fails to tender an and useless delays where litigations and useless delays, expedite or promptly dispose cases
issue or admits material judgment is generally based on
allegations of adverse party’s facts proven summarily by Basis; procedural technique under R35S3 only when there is no
pleading affidavits, depositions and genuine issue as to existence of a material fact. Can be determined
pleadings or admissions of by pleadings, admissions, documents, affidavits and counter
parties. affidavits by parties
Proper when there is no proper even if there is an issue
genuine issue between parties as to damages recoverable Genuine Issue; such issue of fact which require the presentation
Based exclusively upon Based not only on pleadings of evidence.
pleading without intro of but on depositions, affidavits,
Function of court – Motion for SJ; determine whether there is an
evidence and admissions XP as to amt of
issue of fact to be tried, and all doubts as to the existence of an
damage.
Available in any action, XP Actions to recover debt or issue of fact must be resolved against the moving party.
annulment of marriage or liquidated sum of money or Trial may be dispensed with and judgment can be rendered
LegSep declaratory relief based on pleadings, affidavits and depositions – if there is no
Motion for JoP – subject only to Motion for SJ – requires genuine issue as to material fact.
3day notice rule and all prior10day notice
material averments of Summary judgment for claimant, R35S1; party seeking to
recover upon claim, counterclaim or cross-claim or obtain a
declaratory relief may at any time after pleading in answer has been prescribe such conditions as may be necessary to secure the
served, move with supporting affidavits, deposition or admission for benefit to party in whose favor judgment is rendered.
summary judgment in his favor.
Forms of Affidavits and Supporting Papers; R35S5;
Summary judgment for defending party; R35S2; party against Requirements; Personal knowledge, set forth such facts as would
whom a claim, counterclaim or cross-claim is asserted or a be admissible in evidence, show affirmatively that the affiant is
declaratory relief is sought may, at any time move with supporting competent to testify to the matters stated and certified true copies
affidavits, depositions or admission for summary judgment in his of all papers or parts referred to in affidavit shall be attached or
favor. served.
Motion and Proceedings; R35S3; Requirement – motion be Affidavits in Bad Faith; R35S6; Effect; order the offending party
served at least 10 days before time specified for hearing, adverse or counsel to pay to the other party the amt of reasonable expenses
party may serve opposing affidavits, depositions and admissions at which filing of affidavits caused him to incur including atty’s fees and
least 3 days before hearing and after the hearing, judgment sought it may after hearing, adjudge offending party or counsel guilty of
shall be rendered if PADA on file show that there is no genuine contempt.
issue as to material facts and moving party is entitled to judgment
as a matter of law.
Cases not fully adjudicated on motion; R35S4; courses of
action of court – judgment not rendered on whole case; if trial
is necessary, court at hearing of motion, by examining the pleadings
and evidence before it: ascertain what material facts exist without
substantial controversy and what are actually and in GF
controverted, shall make an order specifying the facts that appear
without substantial controversy including extent to which amt of
damages or other relief is not in controversy, directing such further
proceedings in action as are just and facts so specified is deemed
established and trial shall be conducted on controverted facts
accordingly.
Separate and Summary Judgments; Separate judgments -
judgment shall terminate the action with respect to the claim so
disposed of and the action shall proceed as to the remaining claims.
In case separate judgment is rendered, court by order may stay its
enforcement until rendition of a subsequent judgment and may