Prepared by Daniel Hofilena

and Sharlaine Sy
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CONTENTS: o Other cases provided by law

 Action Commence – upon filing of complaint in court
 Sales reviewer o Interrupts prescription period
 Summary of Riguerra Book o If additional defendant, upon date of filing
amended complaint impleading defendant
 Some notes from Clarence tiu
o Can be filed via registered mail and deemed
 Codals commenced at time of mailing + filing fee
 Tranquil Notes  In order to vest jurisdiction
a) File complaint
 Barangay conciliation (last pages)
b) Pay the docket fees
 Rule 39 (at last part)  Rules to be liberally construed for just speedy and
 NOTE THAT after RULE 5. I already transferred inexpensive disposition; can also be SUSPENDED on
all tranquil cases to the last few pages grounds:
1. Life, liberty, property
2. Compelling circumstance
Important Notes 3. Merits of case
4. Not entirely due to fault or negligence
 Congress cannot repeal, alter, or supplement rules
5. Lack of showing that review is merely dilatory
regarding pleading practice and procedure
o GOCCs with or without independent charters RULE 2 Cause of Action
even LGUs are not exempt from filing fees  Cause of Action – act or omission by which a party violates
a right of another
 Elements of Cause of Action
STEP 1: Determine that you have a cause of action
1. Legal right of plaintiff
Definitions:
2. Correlative obligation of defendant
 Civil
3. Act or omission of defendant in violation of
a) Enforcement or protection of right
b) Prevent or redress a wrong plaintiff’s said right
c) Can be ordinary or special  CoA must exist at time complaint is filed; can’t be
 Criminal cured by amendment or supplemental pleading
a) State prosecutes (swagman case)
 Every BREACH = One cause of action = one suit
b) For an act or omission
1. Count the cause of action by the number of breaches
c) Punishable by law
 Special Proceedings that was committed and NOT the reliefs that were
a) Party Establish a prayed for.
 Alternative causes of action = allowed
i) Status
 Alternative defendants = allowed
ii) Right
iii) Particular fact  Right of action – right to bring the action in court, can be
barred by prescription
 Cause of action – facts which give rise to right of action
RULE 1
 Action – commenced by filing of original complaint in Splitting a single cause of action – 2 or more suits instituted on
court. A complained may be filed by registered mail and same CoA
commenced at date if fling or payment of docket fees. o Not allowed
o Filing of one, or judgment upon merits in any
 Civil Action –party sues another for enforcement or one is a ground for dismissal of the others
protection of a right, or redress of a wrong o Applies to all claims
o Ordinary, or o Grounds:
o Special – specific rules prescribed  Res Judicata, or
 Criminal Action – Information filed in court  Litis Pendencia
 Special Proceeding – application or proceeding to o Can’t consolidate – one or both will be
establish: dismissed for forum shopping
a) Status of a party, or TEST AS TO WHETHER THE CASE INVOLVES THE
b) Right of a party, or SAME CAUSE OF ACTION:
c) Particular fact o (a)whether the same evidence would support and
 Except by analogy or supplementary, rules won’t apply to: sustain both the first and second causes of action
o Election cases (also known as the "same evidence" test),
o Land registration o (b) whether the defenses in one case may be used to
substantiate the complaint in the other.
o Cadastral o (c) whether the cause of action in the second case
o Natural and existed at the time of the filing of the first complaint.
o Insolvency proceedings
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Spouses Beluso, GR No. 159912, August 17, 2007)
Examples of splitting a cause of action: o If same parties, the 2 causes of action need not be related
o In Riviera v. CCA, 17 June 2015, the SC ruled o If joinder is for real and personal actions – go to the Court of
that two cases which are based on (a) failure to the reason of the link between the 2 causes of action
pay license fees and (b) damages due to
unearned profits, respectively, SPLIT a cause Effect of “cause of action”
of action because they are “ultimately 1. Splitting of Cause of action
anchored” on the breach of one agreement.
o In Marilag v. Martinez, 22 July 2015, a a. MTD/Affirmative defense on LP/RJ
petitioner instituted an action for JUDICIAL
foreclosure and later on filed a personal action b. Judgement on merits of any one is ground for
for collection of the debt. This was considered dismissal for the other
as SPLITTING a CAUSE OF ACTION. But note
that this does not preclude a filing for motion for c. Dismissal with prejudice depends on NCFCS
the deficiency judgment after the foreclosure rules
sale.
o When there are several installment payments • Willful and deliberate – with prejudice
due, each payment due constitutes one cause • Not deliberate – no prejudice
of action. However, ALL due as of the time of
filing must be brought in the same action. (BPI 2. No cause of action at time of filing of complaint
v. Coscolluela, 27 June 2006)
a. Ground for dismissal
Joinder of causes of actions – in one pleading, assert, in b. Cannot be cured via amendment or
alternative or otherwise, as many causes of action as he may supplemental complaint
have against opposing party. Permissive, not mandatory. Note
3. Lack of cause of Action
that a Court CANNOT order the joinder of causes of action.
a. Insufficiency of evidence, ground for Demurrer
after plaintiff rests his case
Subject to following conditions:
1. Comply with rules on joinder of parties b. Dismiss without prejudice
a. If between two parties, no need for this rule 4. Failure to state cause of action
b. If multiple defendants, applies. Conditions:
i. Arises from same or series of a. GR: Insufficiency of pleading on its face court
transactions (any act or omission or cannot consider other matters aliunde except
agreement), and • Annexes and other pleadings submitted
ii. Involves common question of law or by parties
of fact • Documentary evidence admitted by
2. Shall not include special civil actions or actions stipulation
governed by special rules
3. Where CoA is between same parties but pertain to • Evidence presented in hearing
different venues of jurisdiction b. GROUND FOR MTD. The test is whether if
a. Allowed in the RTC, provided one of the causes admitted and are hypothetically true, judgment
falls within jurisdiction of said court and venue could be rendered therein.
lies therein • No hearing required
b. Can have joinder of real and personal actions
c. Example: 5. Misjoinder of cause of action
i. 1 in MTC + 1 in RTC = join in RTC a. Not a ground for dismissal
ii. NO joinder if both are MTC cases
b. May be dropped
iii. NO joinder if one/both is covered by
rules on summary procedure • Motu proprio
4. Where claims in all are • Upon motion
a. principally for recovery of money,
b. aggregate amount claimed shall be the test of
jurisdiction (totality rule) SPLITTING A JOINDER OF
CAUSE OF ACTION CAUSES OF
ACTION
o Joinder of causes of action allowed in the RTC There is a single Contemplates several
even if other causes of action pertain to the MTC cause of action causes of action
provided one of the causes of action falls within
its jurisdiction PROHIBITED ENCOURAGED
o As the RTC has jurisdiction over the action to Causes multiplicity of Minimizes the
declare the interest rates and foreclosure void, suits and double multiplicity of suits
the RTC is allowed to decide the action for vexation on the part and
violation of the Truth Lending Act which was of the defendant inconvenience on the
jointly instituted even if such cause of action falls parties
within the jurisdiction of the MTC (UCPB v.
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Philip Turner, et al. v. Lorenzo Shipping Corporation, G.R. No.

157479, November 24, 2010
STEP 2: Determine whether or not the action is a personal
action and real action.  a complaint whose cause of action has not yet accrued cannot
 For purposes of be cured by an amended or supplemental pleading alleging the
existence or accrual of a cause of action during the pendency of
o Venue
the action
o Jurisdiction for Subject Matter  That the respondent had indisputably no unrestricted
retained earnings in its books at the time the petitioners
commenced Civil Case No. 01-086 on January 22, 2001 proved
Real Persons that the respondent's legal obligation to pay the value of the
Title, Interest, or possession Does not affect TIP of real petitioners' shares did not yet arise.
of real property Property
Chua v. Metrobank, et al., G. R. No.182311, August 19, 2009
1. Action to recover 1. Recovery of  Forum shopping can be committed in three ways:
ownership or ownership or a) filing multiple cases based on the same cause of action
possession of land possession of and with the same prayer, the previous case not having
2. Foreclosure of REM personal property been resolved yet (where the ground for dismissal is litis
2. Specific pendentia);
3. Partition
performance b) filing multiple cases based on the same cause of action and
4. Ejectment the same prayer, the previous case having been finally
3. Collection for sum
resolved (where the ground for dismissal is res judicata);
of money
and
c) filing multiple cases based on the same cause of action,
TRANQUIL: but with different prayers (splitting of causes of action,
where the ground for dismissal is also either litis pendentia
 Remember that when the action is purely for or res judicata).
cancellation of a real estate mortgage which does  If the forum shopping is not considered willful and deliberate,
NOT result to transfer of a property – it is a personal the subsequent case shall be dismissed without prejudice, on the
action ground of either litis pendentia or res judicata.
 Current Rule: NOT all actions involving corporations  However, if the forum shopping is willful and deliberate, both
involve real property. It can be a personal action (or all, if there are more than two) actions shall be dismissed
depending on which rights are violated with prejudice.
 In this case, there is NO willful forum shopping BECAUSE
THE PETITIONER ADMITTED AND FILED A MOTION
Effect of Imporoper determination TO CONSOLIDATE
6. Can be subject of MTD/motu proprio dismissal (if
. Catalina Chu, et al. v. Spouses Fernando and Trinidad
LoJ-SM)
Cunanan, G.R. No. 156185, September 12, 2011
7. Can be subject of MTD if improper venue
 It is settled that the absolute identity of parties was not a
condition sine qua non for res judicata to apply, because a
TRANQUIL NOTES shared identity of interest sufficed.
Mindanao Terminal v. Phoenix Assurance, G.R. No. 162467,
 in order that res judicata may bar the institution of a subsequent
May 8, 2009 action, the following requisites must concur: —
 a liability for tort may arise even under a contract, where tort
(a) the former judgment must be final;
is that which breaches the contract.
(b) it must have been rendered by a court having jurisdiction
Dolores Macaslang v. Renato Zamora, G.R. No. 156375, May
of the subject matter and the parties;
30, 2011
 Failure to state a cause of action and lack of cause of action (c) it must be a judgment on the merits; and
are really different from each other.
a) On the one hand, failure to state a cause of action (d) there must be between the first and second actions
refers to the insufficiency of the pleading, and is a
(1) identity of parties,
ground for dismissal under Rule 16 of the Rules of
(2) identity of the subject matter, and
Court.
(3) identity of cause of action.
b) On the other hand, lack of cause action refers to a
situation where the evidence does not prove the cause Pua v. Citibank, N.A., 2013 (SEC jurisdiction)
of action alleged in the pleading (demurrer)  Based on the foregoing, it is clear that cases falling under
Section 57 of the SRC, which pertain to civil liabilities
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arising from violations of the requirements for offers to personal or real property, or persons.
sell or the sale of securities, as well as other civil suits status, right, or particular fact
under Sections 56, 58, 59, 60, and 61 of the SRC shall be
1. Land registration 1. Sum of money
exclusively brought before the regional trial courts
 BUT A criminal charge for violation of the Securities 2. Special proceedings 2. Specific
Regulation Code is a specialized dispute. Hence, it must first to modify a status performance
be referred to an administrative agency of special 3. Petition for
competence, i.e., the SEC insolvency
4. Escheat
Aquino et al. v. Quiazon et al., G.R. No. 201248, March 11,
2015 5. Change of name
 that the Complaint states no cause of action, similar to a 6. Probate of will
motion to dismiss based on the same ground, requires a
hypothetical admission of the facts alleged in the
Complaint. Actions Quasi in Rem
 exceptions to the general rule that allegations are
 Directed against particular persons but seeks to reach
hypothetically admitted as true and inquiry is confined to the
and dispose of or deal with their property located in the
face of the complaint.
Philippines.
a) First, there is no hypothetical admission of
i) (a) the veracity of allegations if their falsity is o BUT brought against particular persons and
subject to judicial notice; judgment is binding only thereto
ii) (b) allegations that are legally impossible;  EXAMPLES
iii) (c) facts inadmissible in evidence; and
iv) (d) facts which appear, by record or document o Judicial foreclosure of mortgage
included in the pleadings, to be unfounded. o Action in personam but property has already
b) Second, inquiry is not confined to the complaint if culled been attached
i) (a) from annexes and other pleadings submitted by o Action for partition AND accounting
the parties; 29
ii) (b) from documentary evidence admitted by o Action to Quiet title and remove cloud
stipulation which disclose facts sufficient to defeat o Action for partition
the claim; or o Recover title or possession of real property
iii) (c) from evidence admitted in the course of (it is a real action but an action in personam)
hearings related to the case
c) preliminary hearing on a motion to dismiss or on the
affirmative defenses raised in an answer, the parties are EFFECT IF WRONG DETERMINATION
allowed to present evidence except when the motion is
8. Can determine whether or not there is proper service of
based on the ground of insufficiency of the statement of
summons on the defendant
the cause of action which must be determined on the
basis only of the facts alleged in the complaint and no 9. If improper mode of service of summon can be subject
other to a motion to dismiss on ground of lack of jurisdiction
over person
STEP 4: Determine which Court has Jurisdiction over your
action
Step 3: Determine whether or not the action is in rem or in  Jurisdiction – power of the court to hear, try or decide
personam: case as conferred by law.
1. Subject matter: authority to hear and determine case
 For Purposes of: 2. Personal: to bind a person
o Extra-territorial service (only in rem and 3. Res: try a case that would bind real or personal
QIR) property.
o Preliminary attachment the requirement of
PRIOR or CONTEMPORANEOUS service  How it is acquired: City of Lapu-Lapu v. PEZA, G.R. No.
of summons shall not apply in rem and in 184203, November 26, 2014
QIR 1. Over the case – complaint + pay filing fees
2. Over the subject matter – conferred by law, power to
try and decide a case
In Rem In Personam 3. Over the person of defendant– arrest or voluntary

Not directed against a Directed against particular surrender or by service of summons

4. over the person of the plaintiff upon the filing of the
particular person but on the persons and relief binding
res itself. The thing may be only to such particular initiatory pleading
5. over the res or the thing under litigation is acquired
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either "by the seizure of the property under legal c. Exclusive of
process, whereby it is brought into actual custody of i. Interest,
the law; ii. Damages of whatever kind,
• necessary in actions in rem or those actions iii. Attorney’s fees,
"directed against the thing or property or iv. Litigation expenses and
status of a person v. Cost or value of property in
controversy
 Types of Jurisdiction d. Those under the Securities Regulation Code
o Original: hear at first instance 10. Special Commercial Courts
o Appellate: elevate to it by way of review a. Intellectual Property Rights
o Exclusive: to the exclusion of all other courts b. Rehabilitation proceedings under FRIA
o Concurrent: if can be exercised by 2 or more c. Fraud scheme cases, election cases, intra-
courts or bodies. corporate disputes.
11. Family Courts
 MTC a. Guardianship, custody
1. Opposite of RTC b. Adoption
2. Ejectment/unlawful detainer (Rule 70) [regardless of c. Support/acknowledgement
amount of damages and unpaid rentals] d. Involving contract of marriage and marital
3. MTC has exclusive jurisdiction over actions for relations
enforcement of amicable settlement executed before e. Have concurrent jurisdiction with CA/Sc for
Barangay regardless of amount. (2015 Sebastian v. Habeas corpus when custody of minors are in
Lagmay) issue
4. In cadastral or land registration cases where there is 12. Special Agrarian Courts
no controversy and lot does not exceed 100k o O/E petition for just compensation of land owners
and criminal under CARP.
 RTC
NOTE: MTC/RTC have concurrent jurisdiction with Insurance
1. Amount incapable of pecuniary estimation Commissioner in cases where amount in single claim against insurer
2. Civil actions involving real property or interest EXCLUDING interests, costs does not exceed 5M.
therein where assessed value of the property
involved:  Court of Appeals (BP 129, also in Rule 46)
a. If in Metro Manila – exceeds P50,000
b. Elsewhere – exceeds P20,000 Original and Exclusive –
c. Except (jurisdiction conferred to MTC):
i. Actions for forcible entry
1. annul judgments of RTC based on:
ii. Unlawful detainer
a. Extrinsic fraud, or
d. Assessed value = worth or value of property
b. Lack of jurisdiction
established by taxing authorities on basis of
2. Special civil action for certiorari against RTC
which tax rate is applied
a. Dis/approval of rehabilitation plan
3. Admiralty and maritime jurisdiction where claim:
a. If in Manila – exceeds P400,000
(FRIA)
b. Any order issued after approval of
b. Elsewhere – exceed P300,000
4. Probate, both testate and intestate where gross rehabilitation plan
value of estate:
a. Manila – exceeds P400,000
b. Elsewhere – exceeds P300,000
5. All cases not within exclusive jurisdiction of any Concurrent with SC –
court, tribunal, person or body exercising 1. issuance of writs of certiorari, prohibition and
jurisdiction of any court, tribunal, person or body madamus against:
exercising judicial or quasi-judicial functions a. NLRC
(general jurisdiction)
6. Action for annulment of MTC judgment b. CSC
7. Action for recognition and enforcement of c. RTC
arbitration agreements, vacation or modification of
an arbitral award. Concurrent with RTC and SC (remember rule on
8. Citizen Suit under Clean Air act. hierarchy of courts)
9. Other cases which demand:
a. Manila – exceeds P400,000 Habeas Corpus
b. Elsewhere – exceeds P300,000 Habeas Data
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Writ of Amparo o Petition for CPM
Quo warranto o Habeas corpus
Certiorari o Injuctions
Mandamus o Quo warranto in PCGG cases
Prohibition versus lower courts o Habeas Data
o Writ of Amparo
Appellate
Concurrent with IBP
1. Over RTC, original
o Fact or Law o Cases against members of Bar
(disbarment/suspension)
2. RTC, appellate over MTC
Appellate over:
Petition for review, even if pure questions of law
1. RTC, original
3. Quasi-judicial agencies o Pure questions of law
2. Petition for review on certiorari (Rule 45)
Petition for review even if pure questions of law 1. CA
2. SB
 Supreme Court 3. CTA en banc
4. CoA
Original and exclusive 5. Comelec

1. Petitions for writ of certiorari, prohibition and Sandiganbayan in Civil Cases

mandamus against:
o CA Exclusive Original
o COMELEC 1. Civil cases over forfeiture of ill gotten wealth
o CoA (Audit) 2. CPM/HC/QW arising from such
o SB
o CTA Concurrent Original with SC, CA, RTC
2. Declaratory Relief – only when question of 1. Writ of Amparo
constitutionality 2. Habeas Data

Concurrent with CA Some notes on Jurisdiction

o Petitions for writ of certiorari, prohibition 1. Actions incapable of pecuniary estimation
and mandamus against: a. Specific performance (also applies when the money
 NLRC claim is purely incidental)
 CSC (NOT in Riguerra) but b. Rescission/Annulment of Contract
note that under Rule 43 – it c. Injunction
goes to the CA d. expropriation
 RTC e. Declaratory Relief
f. Reformation of Contract
Concurrent with RTC and CA g. Revival of Judgement (but see: conflict with GSA
and Infante case)
1. Habeas Corpus h. Citizen Suit in environment cases
2. Habeas Data i. Annulment of REM/Partition and declaration of
3. Writ of Amparo heirs
4. Quo warranto j. Abatement of nuisance
5. Certiorari k. Redemption of land subject to free patent
6. Mandamus 2. What are capable of pecuniary estimation
7. Prohibition versus lower courts a. Judicial Foreclosure of REM
b. Partition of real property
Concurrent with RTC c. Actions to recover personal property such as shares
of stock
o Cases affecting ambassadors 3. BCDA law solely authorized the SC to issue injunction to
restrain implementation of projects under base conversion
act. (Consular Area v. Casanova, 2016)
4. Ultimate objective test
Concurrent with SandiganBayan a. If the ultimate objective of the plaintiff is to obtain
title to real property, it is a real action. (i.e. want to
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execute a deed of conveyance)
b. Basically look at the ultimate relief sought.
5. Alternative Reliefs
a. Specific performance OR pay him 200k =
capable of pecuniary estimation since there is
alternative relief of damages.
b. Specific performance AND damages = incapable
of pecuniary estimation since damages was an
additional relief
6. Claim for Damages
a. For jurisdiction exclude damages of whatever
kind when the damages prayed for is merely
incidental.
b. But INCLUDE all types of damages if the
principal action is for damages (i.e. to determine
amount, add Actual + Moral + exemplary)
7. RTC exercise of original jurisdiction; example:
a. Boundary dispute between municipality and
independent component city (NOTE LGC
provides Sanggunian have jurisdiction over
property disputes between HUC and
ICC/Municipality ONLY)
8. HLURB
a. HLURB has NO jurisdiction (RTC dapat) over a
complaint filed by subdivision owner against
subdivision unit buyer. The only instance when
HLURB has jurisdiction is when there is a
compulsory counterclaim made by the owner in a
case filed by the buyer,
b. HLURB HAS jurisdiction over cases filed by
condominium buyer against the developer.
9. Director of lands subject to control of DENR secretary.
a. Exclusive jurisdiction over public lands
10. NCIP (indigenous people) jurisdiction
a. Has jurisdiction OVER all claims and disputes
involving rights of ICCs/IPs ONLY when they
arise between or among parties belong to the
SAME ICC/IP (2015 Unduran v. Aberasutri)
b. But such jurisdiction is concurrent with RTC
(2015, Lim v. Ganosa)
11. Jurisdiction vs. Exercise of jurisdiction
a. EoJ- merely errors of judgement, all other
questions not arising from jurisdiction over
person or SM.
b. J – authority to decide a case
12. Procedure for RTC if intracorporate case was raffled to it
a. RTC should NOT dismiss case
b. Refer it to Executive judge
c. Assign case to SCC or SCC in nearest judicial
region (Luis v. JGHJ land)
13. Error of jurisdiction v. Error of judgment
a. Jurisdiction – void judgment since no jurisdiction
b. Judgment – not void judgement it just made
mistake in appreciation of facts
14. Adherence of Jurisdiction – once acquired it continues
until it has done all it can do in the exercise of its
jurisdiction.
15. How is Jurisdiction over subject matter determined?
a. Conferred by law
b. Determined by
i. Allegation of complaint
ii. Character of relief sought
c. NOT by
i. Defenses in answer or MTC
ii. Damages ultimately awarded by court
16. Heirarchy of courts: follow only in cases of concurrent
jurisdiction, direct resort to SC not allowed, subject to
exceptions such as (2013 case)
a. Public welfare
b. Interest of justice
c. Orders were patent nullities
d. Exceptional analogous circumstances
17. Doctrine of primary jurisdiction: if determination requires
expertise or specialized training of an administrative body,
file it there first before courts.
18. Jurisdiction over res, acquired:
a. Placing property in custodial egis
b. Statutory authority
19. Jurisdiction over issues (for court to try and decide it)
acquired by
a. Pleadings
b. Stipulation of parties
c. Waiver
EFFECT OF NO JURISDICTION
d. Over subject matter
i. Motu proprio dismiss the case
ii. Raised by party via MTD/Answer
iii. When: any time even on appeal except if
barred by laches or estoppel.
iv. EFFECT: Void decision
e. Over Person in actions in personam
i. Via MTD/Answer
ii. Waivable
iii. Acquired via
1. Filing of complaint (plaintiff)
2. Summons/Voluntary submission
(defendant)
TRANQUIL NOTES:
 The jurisdiction of the court cannot be made to depend
upon the defenses set up in the answer or upon the
motion to dismiss, for otherwise, the question of
jurisdiction would almost entirely depend upon the
defendants Bernabe L. Navida, et al. v. Hon. Teodoro A.
Dizon et al., G.R. No. 125078, May 30, 201
 BPI v. Eduardo Hong, G.R. No. 161771, February 15,
2012 jurisdiction being a matter of substantive law, the
established rule is that the statute in force at the time of
the commencement of the action determines the
jurisdiction of the court.
o NOTE: P.D. No. 902-A empowered the SEC
to "issue preliminary or permanent
injunctions, whether prohibitory or
mandatory, in all cases in which it has
jurisdiction.
o HOWEVER: R.A. No. 8799, which took effect
on August 8, 2000, transferred to the appropriate
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regional trial courts the SEC's jurisdiction over
those cases enumerated in Sec. 5 of P.D. No.
902-A
 TRANQUIL FAVORITE: Luis Gonzales v. GJH
Land, Inc., G.R. No. 202664, November 20, 2015`If a
commercial case filed before the proper RTC is wrongly
raffled to its regular branch, the proper courses of action
are as follows:
o If the RTC has only one branch designated as
a Special Commercial Court, then the case
shall be referred to the Executive Judge for re-
docketing as a commercial case, and
thereafter, assigned to the sole special branch;
o If the RTC has multiple branches designated
as Special Commercial Courts, then the case
shall be referred to the Executive Judge for re-
docketing as a commercial case, and
thereafter, raffled off among those special
branches; and
o If the RTC has no internal branch designated
as a Special Commercial Court, then the case
shall be referred to the nearest RTC with a
designated Special Commercial Court branch
within the judicial region. Upon referral, the
RTC to which the case was referred to should
re-docket the case as a commercial case, and
then: (a) if the said RTC has only one branch
designated as a Special Commercial Court,
assign the case to the sole special branch; or
(b) if the said RTC has multiple branches
designated as Special Commercial Courts,
raffle off the case among those special
branches.
 2. If an ordinary civil case filed before the proper RTC
is wrongly raffled to its branch designated as a Special
Commercial Court, then the case shall be referred to
the Executive Judge for re-docketing as an ordinary
civil case. Thereafter, it shall be raffled off to all courts
of the same RTC (including its designated special
branches which, by statute, are equally capable of
exercising general jurisdiction same as regular
branches), as provided for under existing rules.
 3. All transfer/raffle of cases is subject to the payment
of the appropriate docket fees in case of any difference.
On the other hand, all docket fees already paid shall be
duly credited, and any excess, refunded.
 4. Finally, to avert any future confusion, the Court
requires that all initiatory pleadings state the action's
nature both in its caption and body. Otherwise, the
initiatory pleading may, upon motion or by order of the
court motu proprio, be dismissed without prejudice to
its re-filing after due rectification. This last procedural
rule is prospective in application.
 Herald Black Dacasin v. Sharon del Mundo
Dacasin, G.R. No. 168785, February 05, 2010
o statutory law vests on RTC exclusive original
jurisdiction over civil actions incapable of
pecuniary estimation. An action for specific
performance, such as petitioner's suit to enforce
the Agreement on joint child custody, belongs to
this species of actions.
o Regional Trial Courts Vested with Jurisdiction
to Enforce Contracts
o Situation : divorce abroad, entered into a custody
agreement
 Far East Bank v. Shemberg, G.R. No.163878, December
12, 2006
o Court laid the test for determining whether the
subject matter of an action is incapable of
pecuniary estimation, thus:
o Ascertain the nature of the principal action or
remedy sought. If the action is primarily for
recovery of a sum of money, the claim is
considered capable of pecuniary estimation.
o However, where the basic issue is something
other than the right to recover a sum of money,
where the money claim is only incidental or a
consequence of the principal relief sought, the
action is incapable of pecuniary estimation.
o the primary reliefs prayed for by respondents
in Civil Case No. MAN-4045 is the
cancellation of the real estate and chattel
mortgages for want of consideration
o This Court ruled that where the issue
involves the validity of a mortgage, the action
is one incapable of pecuniary estimation
 Air Transportation Office v. Court of Appeals, G.R.
173616, June 25, 2014
 The decision of the Regional Trial Court in civil cases
governed by this Rule (UD/FE cases) , including forcible
entry and unlawful detainer, shall be immediately executory
 The first characteristic — the judgment of the RTC is
immediately executory — is emphasized by the fact that no
resolutory condition has been imposed that will prevent or
stay the execution of the RTC's judgment
a) The RTC's duty to issue a writ of execution under Section
21 of Rule 70 is ministerial and may be compelled by
mandamus
b) RTC to immediately issue a writ of execution without
prejudice to the appeal taking its due course.
c) the appellate court may stay the writ of execution should
circumstances so require.
 second characteristic — the judgment of the RTC is not
stayed by an appeal taken therefrom
Spouses Manila v. Spouses Manza, G.R. No. 163602, September
07, 2011 [possible BAR EXAM question]
 Lack of jurisdiction as a ground for annulment of judgment
refers to either lack of jurisdiction over the person of the
defending party or over the subject matter of the claim.
a) In a petition for annulment of judgment based on
lack of jurisdiction, petitioner must show not merely
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an abuse of jurisdictional discretion but an absolute
lack of jurisdiction.
b) Lack of jurisdiction means absence of or no
jurisdiction, that is, the court should not have taken
cognizance of the petition because the law does not
vest it with jurisdiction over the subject matter
 the RTC acted in excess of its jurisdiction in deciding
the appeal of respondents when, instead of simply
dismissing the complaint and awarding any
counterclaim for costs due to the defendants
(petitioners), it ordered the respondents-lessors to
execute a deed of absolute sale in favor of the
petitioners-lessees, on the basis of its own interpretation
of the Contract of Lease
i) This cannot be done in an ejectment case where
the only issue for resolution is who between the
parties is entitled to the physical possession of
the property.
ii) HOWEVER Such erroneous grant of relief to
the defendants on appeal, however, is but an
exercise of jurisdiction by the RTC
(1) The ground for annulment of the decision
is absence of, or no, jurisdiction; that is, the
court should not have taken cognizance of
the petition because the law does not vest it
with jurisdiction over the subject matter.
EDNA DIAGO LHUILLIER, PETITIONER, VS. BRITISH
AIRWAYS, G.R. No. 171092, March 15, 2010
 Tortious conduct as ground for the petitioner's complaint
is within the purview of the Warsaw Convention
a) It is thus settled that allegations of tortious conduct
committed against an airline passenger during the course
of the international carriage do not bring the case outside
the ambit of the Warsaw Convention
 Art 28 (1) of the Warsaw Convention states: Art 28 (1) An
action for damages must be brought at the option of the
plaintiff, in the territory of one of the High Contracting
Parties,
a) either before the court of the domicile of the carrier or of
his
b) principal place of business or
c) where he has a place of business through which the
contract has been made, or
d) before the court at the place of destination.
 NOTE OF THE AMENDMENT UNDER MONTREAL
CONVENTION
Article 33 — Jurisdiction
1. An action for damages must be brought, at the option of the
plaintiff, in the territory of one of the States Parties, either before
the court of the domicile of the carrier or of its principal place of
business, or where it has a place of business through which the
contract has been made or before the court at the place of
destination.
2. In respect of damage resulting from the death or injury of a
passenger, an action may be brought before one of the courts
mentioned in paragraph 1 of this Article, or in the territory of a State
Party in which at the time of the accident the passenger has his or
her principal and permanent residence and to or from which the
carrier operates services for the carriage of passengers by air, either
on its own aircraft, or on another carrier’s aircraft pursuant to a
commercial agreement, and in which that carrier conducts its
business of carriage of passengers by air from premises leased or
owned by the carrier itself or by another carrier with which it has a
commercial agreement.
10. Heirs of Santiago Nisperos v. Nisperos-Ducusin, 2013
 retention rights, exclusion of a property from CARP
coverage and the qualification and disqualification of
agrarian reform beneficiaries are issues not cognizable by
the Regional Adjudicator and the DARAB but by the DAR
Secretary
 there must be a tenancy relationship between the parties for the
DARAB to have jurisdiction over a case
STEP 5: Pay the Prescribed Filing Fees
 Docket Fees to be paid
1. Real Action: depends on fair market value
a. Stated in current tax declaration, or
b. Current zonal valuation of BIR, or
c. If none, stated value of property
2. Involving actions incapable of pecuniary estimation: flat
rate
 Computation includes:
1. Interest
2. Penalties
3. Surcharges
4. Damages of whatever kind
5. Attorney’s fees
6. Court Expenses
 Challenged in court: ground is lack of jurisdiction of
subject matter.
 Payment:
1. GR: Court can dismiss immediately but the rule now is
that the court should allow the fee to be paid within a
reasonable time (reglamentary period or prescription
period)
a. E: if there is intent to defraud the government.
 Exceptions to rule that docket fees must be paid when you
file the complaint
1. Damages arose after filing (will serve as lien on
judgment)
2. Interest accruing after the filing of the complaint (Proton
v. BNP) (lien on judgment)
3. Court awards damages not prayed for in the complaint
4. Indigent litigant (lien on judgement)
5. Failure of adverse party to raise the issue of docket fee
(lien on judgement)
6. Civil action instituted with criminal action where
MENT damages are NOT specified (lien on
judgement)
7. Complaint is amended and new damages are alleged
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(pay additional within prescriptive period or
reglementary period)
8. Clerk makes a wrong assessment (pay full amount
within period)
9. Writ of amparo are EXEMPT from docket fees
10. Indigent petitioner for writ of habeas data are
EXEMPT from docket fees
 RULE
o All complaints, petition, answers should
specify damages in the prayer and body.
Any pleading that fails this will not be
admitted or be expunged.
 Supplemental complaint
o Docket fees be paid at time of filing the
supplement.
o Court cannot dismiss original petition if no
pay fee for supplement.
 Properly paid fees for the real property but failed to
specify the amount of damages to recover:
o Court acquires jurisdiction but expunge the
claim for such unspecified damages
o Here there was payment of the fees
 A trial court does NOT acquire jurisdiction over a
complaint if the fees have not been paid. HENCE it
cannot accept an amended complaint to correct
failure of complainant to state the damages in the
failure following the Manchester case (such as if
there was intent to defraud the government) (siapno
v. Manalo).
 Requirement of docket fees for (2015 Navarez v.
Abrogar)
o Motion to enter into the records an attys lien
– NO docket fees
o Motion to enforce an attys lien – Yes
 Exempted parties from payment of docket fees
o Republic of the Philippines, its agencies and
instrumentalities but NOT LGU or GOCC
o Legal aid clients
o Indigent litigants BUT NOT juridical
persons. Falsity in such application for
indigency will dismiss complaint and docket
fees assessed
 EFFECT OF Failure to pay docket fees: COURT
HAS NO JURISIDCTION OVER THE SUBJECT
MATTER.
 Fees paid in full upon filing of
o Pleading
o Or other initiatory action or proceedings
 Fees will be lien in judgment if
o court in its final judgment awards a claim
 Not alleged
 Relief different from or more than
what is claimed in pleading
 Persons authorized to collect legal fees
o Theses accountable persons, with their
assistants and deputies:
 Clerks of the SC, CA, SB, CTA
 Clerks of RTC
 Fees are inclusive of
o Interest
o Penalties
o Surcharges
o Damages
o Attorney fees
TRANQUIL CASES AND NOTES
Ruby Shelter Builders and Realty Development Corporation V.
Formaran, G.R. No. 175914, February 10, 2009
o In a real action, the assessed value of the property, or if
there is none, the estimated value thereof shall be alleged
by the claimant and shall be the basis in computing the
fees.
Do-All Metals Industries, Inc. v. Security Bank Corporation, et
al., G.R. No. 176339, January 10, 2011 TRANQUIL
FAVORITE BAR EXAM
 plaintiffs failed to pay was merely the filing fees for their
Supplemental Complaint The plaintiffs' non-payment
of the additional filing fees due on their additional
claims did not divest the RTC of the jurisdiction it
already had over the case.
Jonathan Dee v. Harvest All, et al., G.R. 224834, March 15, 2017
 an intra-corporate controversy may involve a subject matter
which is either capable or incapable of pecuniary
estimation.
Chua v. Executive Judge, Metropolitan Trial Court of
Manila, G.R. No. 202920, October 02, 2013
o Filing fees, when required, are assessed and become due
for each initiatory pleading filed.
o Under the rules of criminal procedure, the filing of the
(40) counts is equivalent to the filing of (40) different
informations, as each count represents an
independent violation of BP Blg. 22.
o Filing fees are, therefore, due for each count and may be
paid for each count separately.
Fedman Development Corporation v. Agcaoili, G.R. 165025,
August 31, 2011
o The prevailing rule is that if the correct amount of docket
fees are not paid at the time of filing, the trial court still
acquires jurisdiction upon full payment of the fees within
a reasonable time as the court may grant, barring
prescription.
o The "prescriptive period" that bars the payment of the
docket fees refers to the period in which a specific action
must be filed, so that in every case the docket fees must
be paid before the lapse of the prescriptive period, as
provided in the applicable laws, particularly Chapter 3,
Title V, Book III, of the Civil Code
STEP 4: Determine who are the parties of your action
rd
RULE 3 Parties to Civil Actions
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 Plaintiff – claiming party, counter-claimant, cross-
claimant, or 3 party plaintiff
 Defendant – against whom the claim is asserted
 Who may be parties
1. Natural persons
2. Juridical persons
3. Duly incorporated and registered SEC
4. Entities authorized by law (estate, labor union, w/o
juridical capacity but defendant S15R3; political
party; FNRC in isolated transaction) (dissolved
corporation provided it occurs 3 years after
dissolution)
 States can’t be sued: unless:
1. There’s express consent
2. Implied consent
 Parties in Interest – stands to be benefited or injured
by the judgment in the suit, or is entitled to the avails
of the suit (actual interest)
o Concept only applies to private suits
o For public suits, it is the concept of legal
standing/locus standi (this is one who has
personal and substantial interest in case of
governmental acts)
o Remedy for impleading the wrong party:
Motion to Dismiss, Pleading states no
cause of action as a ground
o If PiI changes after action is commenced,
original plaintiff becomes the representative
of transferee of the interest
 Representatives as parties
o Exception to the rule that all be brought by
RPI
o Beneficiary should be included in the title of
case and deemed to be the real party in
interest
o If not included, defect can be cured by simply
requiring the rep to disclose the names of the
principals and amend the title and averments
o Representative may be:
1. Trustee of an express trust
2. Guardian
3. Executor or administrator
4. Party authorized by law or these
rules
o Agent acting in his own name and for
benefit of undisclosed principal may be
sued/sue, except when contract
involves things belonging to principal
(this is exception to requiring joinder
of beneficiary)
o If agent discloses principal (such as
names of passengers in the airline
tickets) he must name them in the
case and it cannot bring the action in its
own name (Vgent v. Morningstar,
2015)
o Agent can sue if
 Acted in own name
 Principal not disclosed
 Not involve property of
principal
 Spouses shall sue or be sued jointly, except:
1. Suit of one against the other
2. Based on a crime/delict
3. Judicial separation of property
4. Abandonment
5. Exclusive property of spouses
6. Suits involving the practice of one’s profession
 A spouse who is suing as a plaintiff need not join
the other spouse since they are joint administrators
and bringing of suit is act of administration
 Minors require assistance of father, mother
guardian, or a guardian ad litem
 A Petition for Declaration of Nullity of
Marriage may only be brought by the
husband or wife. Hence, even if an heir of
one of the spouses will benefit (by
inheritance) if the marriage is declared
null, he/she cannot file the Petition
himself/herself. (Carlos v. Sandoval, G.R.
No. 179922, 16 December 2008)
Remedy is to question marriage in testate
proceedings
Compulsory Joinder of Indispensable Parties
 Joinder of party becomes compulsory when one involved is
an indispensable party
Permissive joinder of parties
o Requisites
1. Claim arises from same or series of transactions
2. Common questions of law or fact in action
3. Read with joinder of causes of action
 Indispensible party – party in interest without whom
no final determination can be had. Without them, there
will be no resolution, void judgment. EXAMPLES
(Action – Who is IP)
1. Partition – all co-owners
2. Rescission in fraud of creditors – vendor
3. Annulment of title – registered owner
4. Cert/Prohibit against MWSS- concessionaires
5. Cancel or correction of entry in LCR- LCR
6. Replevin to recover mortgaged property –
mortgagor is IP even if in possession of 3 rd person
7. Suit to nullify TCT with annotated REM – the
mortgagee (bank) is an IP. Can file action to
annul.
8. Cancellation of TCT – LCR NOT IP, just
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nominal, not fatal.  Proportion as regard to total
membership of class
 Necessary party – party in interest who is not  Any other factor bearing ability to speak
indispensible but who ought to be joined: for the rest of the class
o If complete relief is to be accorded as to those
already parties, or  Derivative suit – Requisites
o For a complete determination or settlement of 1. Party bringing suit should be a shareholder at time of
the claim subject of the action transaction complained of
o Examples 2. Tried to exhaust intra-corporate remedies
• Joint obligors 3. Cause of action devolves on corporation
• Transferee pendente lite (not affect validity 4. Corporation impleaded as party and party must show
of judgment) he is bringing it in as a derivative suit
a. Individual is nominal; Corporation is RPI
 Unwilling co-plaintiff – made a defendant and state b. Venue of derivative suit: Principal office of
reasons for such corporation
1. Cannot be compelled to name him it is at OPTION of
original plaintiff  If plaintiff is uncertain – can sue several persons as
defendants in the alternative even if right of relief are
Pro Forma Parties inconsistent
 Those who are required to be joined as co-parties in suits by
or against another party as may be provided by applicable Unknown Identity or Name of Defendant- can be sued
substantive law
 REQUISITES:
Quasi-Parties a. There is a defendant
 Those whose in behalf a class or representative suit is b. His identity or name is unknown
brought  Fictitious name may be used because of ignorance of defendant’s true
name and said ignorance is alleged in the complaints
Representative as party  Identifying description may be used
 If allowed, the beneficiary shall be included in title of case  Amendment to the pleading when identity or true name is
 He may be discovered
a) Trustee of express trust  Defendant is the defendant being sued, not a mere additional
b) Guardian defendant
c) Executor
d) Administrator Entity Without Juridical Personality as Defendant
 Agent acting in own and for undisclosed principal may be  REQUISITES
sued w/o principal a) There are 2 or more persons not organized as a juridical
a) EXCEPT if involve things belonging to principal entity
b) Enter into a transaction and
Alternative Defendants c) Wrong or delict is committed against a third person in the
 Where the plaintiff is uncertain against who of several persons he course of such transaction
is entitled to relief,  Can be sued but CANNOT SUE
a) he may join any OR all of them in the alternative even if  In answer of defendant, the names and addresses of persons
reliefs against one is inconsistent with the other composing the entity must be revealed.
o Cannot sue but can be sued
 Class suit (exception to joinder of indispensible parties) o Service of summons to one, service to all
o Requisites o Can be sued but can’t sue as an entity, must file
1. Subject matter is one of common or as individuals
general interest to many persons o Answer must reveal names and addresses of
2. Interested persons are so numerous the persons composing it
that its impracticable to join them all
as parties In case of death of either party
3. Parties bringing the suit are sufficiently o If the action survives the death of the party
numerous or representative of the class and • Survives: injury complained of affect
can fully protect the interests of all primarily property right and injuries to person
concerned (adequate representation) is incidental (file against administrator or
o Any member of class have right to intervene executor)
o Adequacy of Representation • Money claims, enforce lien, quiet title,
 If interest is coextensive with other’s damages from delict or quasi delict (file
interests against estate)
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• DOES NOT survive: injury is to the person,
principally
• Support, marriage
o Duty of lawyer: duty of counsel to inform court
within 30 days after fact of death, and give
name and address of legal representative
• Failure = ground for disciplinary action
• Duty only to name, not appoint
o Duty of court: order legal rep to appear and
substituted
within 30 days from notice.
a. If no legal rep named or fails to appear,
may order opposing party to procure
appointment of an executor. Charges may
be recovered as costs
b. Failure to order will not nullify decision
o Applies if:
• Either party dies, and
• Action survives
o Who should be the substitute
• Legal heir
• Administrator
• Executor
• Guardian
o Rule of substitution is not a manner of
jurisdiction but due process
• Party alleging nullity must prove there was
an undeniable violation of due process
 Death or separation of party who is a public officer
o Requisites
1. Removal/death of public officer
and appointment of successor
within 30 days unless otherwise
provided
2. Successor adopts, continues, or
threatens to continue the action sued
against
3. Substantial need to continue the action
o Substitution not automatic. Court must:
1. Give notice to new public officer, and
2. Give opportunity to be heard
 Incompetency or incapacity
o Court, upon motion with notice
o Ask court to continue and for client to be
assisted by guardian
 Transferee of interest – may be continued by or
against original party (becomes trustee for
transferee)
o Unless, upon motion, court orders
transferee be impleaded
o No substitution, just joined
o Can only substitute if court orders it
Court, in its discretion may require appearance of Solicitor
o Transferee pendente lite is a proper party
o Not necessary or indispensable party
 GEN. RULE: The rule does NOT consider the transferee
an indispensable party. Hence, action may proceed
without need to implead him
o EXCEPT: When substitution by or joinder of
transferee ordered by court
 Action on contractual money claims
o Applies when:
 Money claim, and
 Defendant dies
o Once final judgment entered, enforced as
claim without need to prove. Enforced
against
 Estate – if based on
contract
 Executor – if based on
tort or delict
o The PROVREM are NOT dissolved
o This is not a case of substitution
 Indigent party
FIRST WAY Under Rule 141 Sec 9 (MATTER OF
RIGHT)
1. Gross income + immediate family income = does
not exceed 2x monthly minimum wage, and
2. Owns real property whose FMV = less than or
equal to P300k
SECOND WAY: Under Rule 3, Sec 21 Indigency Test
(discretionary according to Means and Merits )
 Means test refers to the set of criteria used to
determine whether the applicant is one who has no
money or property sufficient and available for food,
shelter and basic necessities for himself and his
family;
 Merit test refers to the ascertainment of whether the
applicant's cause of action or his defense is valid and
whether the chances of establishing the same appear
reasonable
 the initiatory pleading shall state as an essential
preliminary allegation that (i) the party initiating the
action is a client of the NCLA or of the chapter legal
aid office and therefore entitled to exemption from the
payment of legal fees under this Rule and (ii) a
certified true copy of the certification issued
pursuant to Section 1€
o Failure to make the statement shall be a
ground for the dismissal of the action without
prejudice to its refiling
 Benefits:
o Stenographic notes: free
o Filing fees: no need to pay, but lien on
judgment
 How to question indigency: At anytime before judgment
and upon hearing
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General in actions involving validity of any
o Treaty
o Law,
o Ordinance,
o Executive order,
o Presidential decree
o Rules or regulations
Some notes
o Members cannot represent association without
proper legal authority
o Unincorporated association without enabling law
has no capacity to sue
o When home-owners association sues it does so in
a representative capacity and NOT a class suit
o Animals have no legal standing to sue. BUT
according to the rules of environmental cases it
allows ANY Filipino citizen as a steward of
nature, to bring a suit to enforce environmental
law (Resident mammals v. Reyes, 2015)
o Suits be instituted in the NAME of the RPI but
not necessarily by the RPI himself
o Rule on parties do NOT apply in cases of
declaratory relief
o Action to claim status of legitimacy already
commences shall survive even if child dies (see
family code)
o Labor union fail to include name of employee
they represent in their caption (can be dismissed)
o if suit against government employee – name the
Republic
o In V-Gent v. Morning Star, 22 July 2015, the Supreme
Court ruled that V-Gent, which purchased various airline
tickets for individual passengers, cannot sue the travel
agency without impleading the individual ticketholders.
(BAR EXAM!)
o Unlicensed Foreign corporation + not doing
business – can sue
o Unlicensed Foreign corporation + doing business
– cannot sue
o Joint obligations – others necessary
parties/solidary obligation – others are NOT even
necessary
o Laguesma v. CoA- a private law firm is a real
party in interest in disallowance of COA since it
directly affects their fees. And the GOCC which
contracted their services is a necessary party
(BAR!)
o GSA CLARIFICATION
o If there is no substitute when the party died in
actions that survive- proceeding is VOID and
only GALE can substitute
Effect of “party”
1. Plaintiff Party not a natural or juridical person
a. MTD via no legal capacity to sue
2. Defendant not have capacity
a. Fail to state or no state cause of action
(CHECK)
3. Action prosecuted or defended in name of someone
who is NOT a RPI
a. MTD via failure to state cause of action.
b. TRANQUIL: instead of granting it, just order
party to be impleaded
4. Impleading a wrong party
a. GR: Parties may be added or dropped either on
motion motu propio
b. NOT ground for MTD
5. Fail to implead a necessary party
a. GR: Not prejudicial to suit
b. E:
• if court orders and did not comply=
waiver of claim against the party NOT
dismissal of action
6. Fail to Implead an indispensable party
a. NO JUDGMENT YET: GR: Court SHOULD
stop trial and order party to be impleaded
• E: fail to implead despite order = dismiss
with prejudice due to fail to comply with
order of court NOTE: a book says it is for
failure to prosecute
• COURT CAN ORDER IP to be
impleaded MOTU PROPRIO (Heirs of
Mesina, 2014)
b. There is Judgement: GR: Void judgement
7. Improper class suit
a. File MTD based on no legal capacity to sue
8. Death of Party
a. There was violation of due process = void
judgment such as when there was failure of
court to order substitution and no participation
by heirs
b. When there is order and Heirs failed to
appear/no substitute named by court = court
order opposing party to choose between the
executor or administrator on who shall appear
as substitute
c. Not ground for MTD
d. No order of substitution but heirs appeared =
valid
e. One of multiple party dies = void judgment as
to the party who died and was not adequately
represented by heir or other co-parties
f. BAR! PLS SEE CASE OF NAPERE: AND
PLS NOTE : There is Death but counsel
FAILED to inform court of fact of death =
valid judgment, even without participation of
heirs (Carabeo v. Dingco, 2011) HOWEVER
IN THIS CASE THE TRIAL ON THE
MERITS WAS ALREADY DONE WHEN
THE PARTY DIED.
9. If do not have proper requirements to be an indigent
litigant:
o Falsity in affidavit of indigency – dismiss complaint
or strike out pleading + criminal liability
o Asses the docket fees and requirement payment and
other sanction as court may impose
Non-joinder of Necessary Parties to be Pleaded
 DUTY of pleader whenever necessary party NOT joined
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b. State name of the necessary party, if known
c. State why said necessary party is omitted in pleading
 If reason given for non-joinder is meritorious, court may order
pleader to join omitted party if jurisdiction over his person may
be obtained
 failure to comply with order of court: constitutes of a waiver of
the claim against such party
 Non-inclusion does NOT prevent proceeding of action
Misjoinder and Non-joinder of Parties
 Party misjoined: when made a party to the action although he
should not be impleaded
a) Claims against him may be SEVERED and
PROCEEDED SEPARATELY
 Party not joinded: supposed to be joined but is not impleaded
in the action
 Both are NOT grounds for dismissal
 Parties may be dropped or added by court at ANY stage
a) By court
b) Upon motion of any part
TRANQUIL CASE NOTES:
Macawadib v. Philippine National Police Directorate, 2013
 As mentioned above, the absence of an indispensable party
renders all subsequent actions of the court null and void for
want of authority to act, not only as to the absent parties
but even as to those present
Association of Flood Victims and Hernandez
v. COMELEC, G.R. No. 203775, August 05, 2014
 Clearly, petitioner Association of Flood Victims, which is
still in the process of incorporation, cannot be considered a
juridical person or an entity authorized by law, which can be
a party to a civil action
Constantino v. Heirs of Pedro Constantino, 2013
 It is not disputed, however, that respondents are successors-
in-interest of Maria Laquindanum, one of the signatories in
the Extrajudicial Settlement with Waiver who was also
allegedly in agreement with the petitioners.
a) privity in estate denotes the privity between assignor and
assignee, donor and donee, grantor and grantee, joint
tenant for life and remainderman or reversioner and their
respective assignees, vendor by deed of warranty and a
remote vendee or assignee.
b) A privy in estate is one, it has been said, who derives his
title to the property in question by purchase; one who
takes by conveyance."
Legaspi Towers 300 v. Amelia Muer, et al., G.R. No. 170783,
June 18, 2012
 Petitioners are the injured party, whose rights to vote and to
be voted upon were directly affected by the election of the
new set of board of directors. The party-in-interest are the
petitioners as stockholders, who wield such right to vote. The
cause of action devolves on petitioners, not the condominium
corporation, which did not have the right to vote. Hence, the
complaint for nullification of the election is a direct actionby
petitioners, who were the members of the Board of Directors of
the corporation before the election, against respondents, who
are the newly-elected Board of Directors.
a) Under the circumstances, the derivative suit filed by
petitioners in behalf of the condominium corporation in the
Second Amended Complaint is improper.
Sylvia Banda v. Eduardo R. Ermita G.R. No. 166620, April 20,
2010
 An action does not become a class suit merely because it is
designated as such in the pleadings.
 Here, the petition failed to state the number of NPO employees
who would be affected by the assailed Executive Order and
who were allegedly represented by petitioners
a) Hence Improper suit
Napere v. Barbarona, G.R. No. 160426, January 31, 2008.
.
 The complaint for recovery of possession, quieting of title and
damages is an action that survives the death of the defendant.
 Notably, the counsel of Juan Napere complied with his duty to
inform the court of his client's death and the names and
addresses of the heirs.
a) The trial court, however, failed to order the substitution of
the heirs.
b) Nonetheless, despite this oversight, we hold that the
proceedings conducted and the judgment rendered by the
trial court are valid.
 Mere failure to substitute a deceased party is not sufficient
ground to nullify a trial court's decision. The party alleging
nullity must prove that there was an undeniable violation of due
process.
 Formal substitution by heirs is not necessary when they
themselves voluntarily appear, participate in the case, and
present evidence in defense of the deceased
a) No deprivation of due process in this case because the heirs
actively participated in the case
Sumaljap v. Spouses Literato, G.R. No. 149787, June 18, 2008
 the person — now the present petitioner — that counsel gave as
substitute was not one of those mentioned under Section 16,
Rule 3. Rather, he is a counterclaim co-defendant of the
deceased whose proferred * justification for the requested
substitution is the transfer to him of the interests of the
deceased in the litigation prior to her death (NOTE: the person
appointed as substitute was a TRANSFEREE and he informed
the court only AFTER his client-transferor died, hence there is
no more lawyer-client relationship)
a) At most he is a transferee pendente lite
 Section 16, Rule 3 in determining who the appropriate legal
representative/s should be in the absence of an executor or
administrator. The second paragraph of the Section 16, Rule 3
of the 1997 Rules of Court, as amended, is clear — the heirs of
the deceased may be allowed to be substituted for the deceased,
without requiring the appointment of an executor or
administrator. But in this case it is still valid since he is a
transferee pendente lite.
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STEP - : DETERMINE THE VENUE OF YOUR ACTION
RULE 4 Venue of Actions
 Determine two things:
1. Is it a real or personal action?
2. Is it covered by a special law or by stipulation?
 Venue of real actions
o Tried in court which has jurisdiction
over the area wherein real property is
situated
o Forcible entry and detainer actions – in
municipal trial court where located
o Ejectment cases – MTC where located
Exception: stipulation
o Real action – those affecting title to or
possession of real property, or interest
therein
 Venue of personal actions
o Either in the place where, at the election of
plaintiff:
1. Plaintiff or any of the principal
plaintiffs reside, or
2. Defendant or any of the principal
defendants reside, or
3. In case of non-resident defendant, where he
may be found IN THE PHILIPPINES
a. Non-resident defendant and not
found in PH – NO jurisdiction
o Principal plaintiff – beneficiary of a trust
o Residence – actual residence
 Venue of actions against non-residents
o Applies when defendant or one of
defendants is a non- resident and is not
found in Phil.
o If involves personal status of plaintiff – where
plaintiff resides
o If involves property of defendant located in
the Philippines – where property or any
portion thereof is situated
 When Rule will not apply
1. Specific rule or law provides otherwise, or
a. Libel cases
b. Nullity and annulment of marriage – FC where
reside for at least 6 months
c. Rehabilitation – RTC where debtors principal
office is
d. Adoption – prospective adoptive parents reside
e. Small claims – if engaged in lending or banking,
branch where defendant resides
f. Quo warrant- rtc of residence of defendant
g. Probate – where deceased last resided
h. Habeas corpus on custody of minors – rtc where
minor found
i. Extra-Judicial foreclosure sales – cannot be made
legally outside the province where property is
situated but can be stipulated where (a city) in that
province can sale be made (Ochoa v, ChinaBank)
2. Parties validly agree; Requisites
a. In writing
b. Before filing of action
c. EXCLUSIVE as to venue
d. Not contrary to law, or public policy
Some notes:
o If non-exclusive stipulation – just an additional forum
o Residence of corporation – principal place of business NOT
branch
o NOT option: where attorney in fact resides
o Action for dissolution of partnership is a PERSONAL action
even if there are real assets
o For construction arbitration – even if agreed that venue is in
another country, it can still be filed before the CIAC in the
Philippines
o Venue stipulation not apply
 If you are questioning validity of contract
 In cases of Extra judicial foreclosure
 If it is an action NOT arising from the contract where
venue is stipulated (i.e. contract is for loan, but complaint
is for services rendered)
 Ejectment cases – MTD is prohibited based on improper
venue
Effects of Venue
1. Not file in proper venue
a. MTD/Answer , ground is improper venue
b. Can be waived if not timely objected to
c. NO motu proprio dismissal except in summary
procedure for ejectment cases
TRANQUIL CASES
o Venue for revival of judgment
 It is an independent action
 Can file in different court than that rendered the
judgment (follow the infante case- saying that it
depends on juris. Values)
o Venue in derivative suit- where principal office of corporation
o Can there be a valid venue stipulation for real actions? • Yes
(BRIONES)
o EXAMPLE OF COMPLEMENTARY-CONTRACTSCONSTRUED
TOGETHER DOCTRINE:
 In PBCom V. Lim, 12 April 2005, the SC ruled that “(i)n
enforcing a surety contract, the complementary-contracts-
construed-together doctrine finds application. According to
ssthis principle, an accessory contract must be read in its
entirety and together with the principal agreement. This
principle is used in construing contractual stipulations in
order to arrive at their true meaning; certain stipulations
cannot be segregated and then made to control.
Irene Marcos Araneta v. Court of Appeals, G.R. No. 154096,
August 22, 2008
 There can be no serious dispute that the real party-in-interest
plaintiff is Irene. As self-styled beneficiary of the disputed trust,
she stands to be benefited or entitled to the avails of the present
suit. It is undisputed too that petitioners Daniel Rubio, Orlando
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G. Reslin, and Jose G. Reslin, all from Ilocos Norte, were Exclusive of
included as co-plaintiffs in the amended complaint as Irene's interest and costs
new designated trustees. As trustees, they can only serve as Except probate
mere representatives of Irene. proceedings
 Sec. 2 of Rule 4 indicates quite clearly that when there is Dismissal by No MTD allowed No Motion to
more than one plaintiff in a personal action case, the party EXCEPT if based Dismiss is allowed
residences of the principal parties should be the basis for on lack of
determining proper venue. According to the late Justice Jose jurisdiction over
Y. Feria, "the word 'principal' has been added [in the subject matter
uniform procedure rule] in order to prevent the plaintiff AND failure to
from choosing the residence of a minor plaintiff or refer to lupon, if
defendant as the venue". such was required
Dismissal of court Allowed if court Non-submission of
Paglaum Management v. Union Bank, G.R. No. 179018, June outright can find grounds required affidavits
18, 2012 for MTD apparent (will also subject to
in complaint disciplinary action).
 In this case a supervening clause in the latest of the 4
agreements provided for a different venue as regards the If misrepresentation
subject matter of the 3 other documents. IT was determined as to w/n engaged in
that such clause was intended by the parties to replace the business then dismiss
venue clause in the preceding agreements. WITH PREJUDICE
+ direct of contempt.
Unionbank v. Maunlad Homes, G.R. No. 190071, August 15,
2012 Allowed if court can
find grounds for
 Despite Maunlad Homes' claim of ownership of the property, MTD apparent in
the Court rules that the MeTC retained its jurisdiction over complaint even if not
the action; a defendant may not divest the MeTC of its pleaded in defense
jurisdiction by merely claiming ownership of the property
 In this case, an ejectment case was ALLOWED even if the If determine it falls
contract was for a contract TO sell and NOT of lease under summary
 TRANQUIL: ejectment cases not limited to contract of lease procedure, no
dismiss, but
redocketed.
RULE 5 Uniform Procedure in Trial Courts If there is no No Default. Can Fails to respond,
answer motu proprio or on court can render
 Procedure in MTC, same as RTC, except: motion render judgment based
1. When by express or implied provision of law judgment on facts on statement of
2. Civil cases governed by Rules on Summary Procedure alleged in claim
complaint. NO
presentation of Fails to respond
Summary Small claims evidence but appears in
Procedure hearing, as if
Jurisdiction FE/UD cases with response has
irrespective of amounts been filed
damages awarded (money
BUT Attorney’s claims) NOT Petition for GR: Prohibited Prohibited pleading.
fees to be awarded EXCEEDING certiorari (R65) pleading BUT can file a
must not be more P200,000 against E: certiorari in the RTC
than P20k  Exclusive of interlocutory 1. suffer grave to contest the final
interests and order injustice or decision if there is
costs irreparable GADLEJ (ang v.
injury Mondejar, 2014)
All other cases 2. order is
plaintiff’s patently
claim does not erroneous
exceed P100k Joinder Not allowed Allowed provided
OMM , or that total, exclusive
P200K MM of interest and costs
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does not exceed 200k 4. Court renders judgment 30 days from filing of:
Appeal Appealable to RTC Appeal not allowed. Last affidavit or position paper, or
All decisions are Expiration of period to file
final and executory. Except: court needs more clarificatory
Decisions of the Immediately stuff, may order requiring more affidavits
RTC executory but can within 10 days from receipt of order.
be further appealed Court then decides 15 days after receipt
Counter claims Compulsory are Both permissive and of last clarificatory affidavit.
allowed. compulsory are
allowed Prohibited Pleadings Same with Small claims except the Motion
(HOW ABOUT to dismiss
PERMISSIVE?
Clarence tius says 1. Motion to dismiss, except
a. Lack of jurisdiction over subject matter
yes but
b. Failure to refer to lupon – dismissal
QUESTIONABLE
ITO AH!) without prejudice
2. Reply
Plaintiff fail to Dismiss case Dismiss case without
3. Bill of Particulars
appear without prejudice + prejudice +
4. MR or MNT
defendant entitled defendant entitled to
5. Petition for relief of judgment
to judgment for his judgment for his
6. Motion to declare in default
counterclaim permissive
7. Third party complaint
counterclaim
8. Memoranda
Defendant fail to Render judgment Render judgment as
9. Dilatory motions for postponement
appear as the facts may the facts may warrant
10. Motion for extension of time
warrant
11. Petition for certiorari, mandamus, prohibition
Both fail to Rules are silent Dismissal of
against interlocutory orders of the court
appear complaint with
12. Interventions
prejudice
 Decisions from MTC can be appealed to RTC
Steps in Summary Procedure
o On appeal, the RTC is NO LONGER governed by
1. Filing of complaint
Summary procedure, hence can file MR etc.
o Upon filing, court can dismiss outright,
 Judges who fail to follow = admin liability
or issue summons
o Defendant files answer within 10 days
i. If no answer, court can render
Small Claims
judgment either motu propio or on
motion of plaintiff
 Applies in the MTC
o All pleadings must be verified
 Applicability Solely for payment or reimbursement of
o After filing last pleading, move on to next step
sum of money from
1. Money owed due to: lease, loan, service, sale,
2. Preliminary conference (equivalent of pre-trial)
mortgage
o Court sets this within 30 days after filing of last
2. Liquidated damages arising from contracts
answer
3. Enforcement of barangay amicable settlement or
o Parties asked to compromise, identify issues
arbitration award involving money claims covered by
o Absence of parties
this rule
• If plaintiff absent = dismiss
 What is required
• Plaintiff absent + defendant appear =
1. Only a statement of claim
defendant entitled to judgment for his
2. Must state in claim if engaged in lending, banking
counter claim
and number of small claims filed in the year
• If sole defendant absent = judgment
3. Non-submission of required
Unless have an explanation +
 Rules on venue apply, but if engaged in lending etc. and
representative
has branch where defendant resides = place of branch
o Court can already render judgment, but if  Court can dismiss outright, otherwise issue summons
none, move on to next
and notice of hearing to defendant
3. Submission of judicial affidavits and position papers
o 10 days to make verified response =
(not mandatory) cannot be extended
o No hearings or trials
o Fails to respond, court can render judgment
o Papers must be submitted 10 days from
based on statement of claim
receipt of order of preliminary conference
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 Counterclaims allowed so long as not exceeding P200K
 Prohibited from filing Rule 65 Certiorari
 Lawyers can’t appear in the hearing
 If party absent from hearing:
o Plaintiff absent – dismiss w/o prejudice,
defendant allowed for permissive
counterclaim
o Defendant – as if no filed response
o Both – dismiss both claim and counterclaim
 Postponement allowed provided:
a) Only once per party and
b) Proof of physical disability to appear in court
 Non-applicability
1. Rules on mediation/judicial dispute resolution shall
not apply
 Decision
o Rendered on the same day.
o Final and unappealable
o If decision is in favor of plaintiff, execution
shall issue upon motion
TRANQUIL CASES:
Macadangdang v. Gaviola, G.R. No. 156809, March 4, 2009
 The appeal before the RTC is no longer covered by the Rules
on Summary Procedure. Hence, respondents' motion for
reconsideration filed with the RTC is not a prohibited
pleading.
Republic v. Sunvar Reality Development Corporation, G.R. No.
194880, June 20, 2012
 Under the Rules on Summary Procedure, a certiorari petition
under Rule 65 against an interlocutory order issued by the
court in a summary proceeding is a prohibited pleading.
a) EXCEPTIONS:
i) Bayog v. Natino: allowed the filing of the Petition
pro hac vice, otherwise suffer grave injustice and
irreparable injury
ii) Go v. CA: However, where the assailed
interlocutory order is patently erroneous and the
remedy of appeal would not afford adequate and
expeditious relief, the Court may allow certiorari as
a mode of redress
Fairland Knitcraft v. Po, G.R. No. 217694, January 27, 2016
 Under the Rules of Summary Procedure, the weight of
evidence is not considered when a judgment is rendered
based on the complaint
 Section 6 is clear that in case the defendant failed to file his
answer, the court shall render judgment, either motu proprio
or upon plaintiff's motion, based solely on the facts alleged in
the complaint and limited to what is prayed for.
 On a final note, the Court deems it proper to discuss the
relevance of the Judicial Affidavit Rule or A.M. No. 12-88-
SC, where documentary or object evidence are required to be
attached. To begin with, the rule is not applicable because
such evidence are required to be attached to a judicial
affidavit, not to a complaint. Thus, where there is no
answer, there is no need for a pre-trial, preliminary
conference (hence no need for JAR)
Angelina Soriente v. Estate of Arsenio Concepcion, G.R. No.
160239, November 25, 2009
 The Court holds that the provision above does not apply in the
case of petitioner, since she and Caballero were not co-
defendants in the same case. The ejectment case filed against
petitioner was distinct from that of Caballero, even if the trial
court consolidated the cases.
 NOTE: in this case she affixed her signature to answer of
another defendant in the consolidated 2 cases. She did not file
an answer. She was considered to have not answered even if the
other party in the consolidated case answered
Terana v. Hon. Sagun, G.R. No.152131, April 29, 2009
 failure of one party to submit his position paper does not bar at
all the MTC from issuing a judgment on the ejectment
complaint
 Thus, the situation obtaining in the present case has been duly
provided for by the Rules; it was correct to render a judgment,
as the MTC did, after one party failed to file their position
paper and supporting affidavits
 Thus, the proceedings may stop at that point, without need for
the submission of position papers.
 In such a case, what would be extant in the record and the bases
for the judgment would be the complaint, answer, and the
record of the preliminary conference
 what the RSP provides regarding a preliminary conference: "on
the basis of the pleadings and the stipulations and admissions
made by the parties, judgment may be rendered without the
need for further proceedings, in which event the judgment shall
be rendered within 30 days from the issuance of the order."
STEP ---: Determine which type of Pleading will you file and
Determine the contents thereof.
RULE 6 Kinds of Pleadings
 Pleading –
1. written statement
2. Contains the respective claims and defenses of
the parties, submitted to the court for appropriate
judgment
 Complaint – pleading alleging the plaintiff’s cause or
causes of action
 Contents of a Complaint
1. Names and residences of plaintiff and defendant
must be stated
2. Concise statement of ultimate facts constituting
the plaintiff’s cause of action. Exception: in
actionable documents, since need to put substance
of document or whole contents
3. Relief prayed for, based on facts alleged
 If depends upon a condition precedent, must allege
and prove fulfillment, or legal excuse for non-
fulfillment
 Can also be alleged: fraud, mistake, malice, intent,
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knowledge, illegality
 Answer – pleading in which a defending party
sets for his defenses
1. Court can extend time for filing of answer
 Defenses:
o Affirmative defense – allegation of a new
matter, which, while hypothetically admitting
the material averment in the pleading, would
prevent or bar recovery
If estoppel – allege facts constituting it
If fraud or mistake – aver with
particularity
If malice, intent, knowledge – aver it
generally
o Examples of affirmative defenses
• Payment
• Release
• Illegality
• Bankruptcy
o Negative defense – specific denial of material
fact/facts alleged in the pleading of the
claimant essential to his cause/causes of
action. 2 kinds:
Specific denial – defendant
specifies each material allegation
of fact and sets forth substance of
matters he relies upon for support
Disavowal of knowledge –
defendant states he doesn’t have
knowledge or info sufficient
o Negative Pregnant – form of negative
expression, which carries with it an
affirmation or at least an implication of some
kind favorable to the adverse party
 Counterclaim – claim which a defending party may
have against an opposing party
o Period to answer counterclaim: within 10
days from service
Compulsory counterclaim
1. Must arise out of, or necessarily connected with, the
transaction or occurrence that’s the subject matter of
opposing party’s or co-party’s claim
2. Doesn’t require for its adjudication presence of 3 rd
parties of whom court can’t acquire jurisdiction
3. Within jurisdiction of court and cognizable by
regular courts (i.e. not NLRC, family court, or
MTC in cases of ejectment etc)
o Test of compulsoriness: duplicity of cases
o If not filed in answer, deemed waived
o No need for certificate of non-forum shopping
o Compulsory counterclaim and MTD are
INCOMPATIBLE
o If no answer made by plaintiff, no default.
Permissive Counterclaim
• Same as compulsory, except #1, need not
arise or necessarily connected with
transaction
• Needs certificate of NFS
• If no answer made by plaintiff, can be
default
o Docket fees required in both (but SC SUSPENDED
payment of docket fees for Compulsory CC)
o Dismissal of original complaint does not mean that
the counterclaim will be dismissed
(QUESTIONABLE)
o NO leave of court needed for counterclaim
o If counterclaim exceed jurisdiction of court where
main action is pending – deemed permissive only,
hence better to file separate action.
o Counterclaims are asserted in the answer.
o Test of permissive/compulsory
i. Are issues the same
ii. Would res judicata apply
iii. Does it need substantially the same
evidence
iv. Are there logical relations?
o Rule of thumb according to Riguerra:
o Would grant of the counter claim necessarily defeat
the opposing party’s claim? If yes, it is
compulsory
Special notes for Counterclaims
1. The RTC has jurisdiction over a compulsory counterclaim
regardless of the amount. If however the Counterclaim is
merely permissive, then it must go within the jurisdictional
amounts of 300k-400k otherwise the court cannot entertain
such permissive counterclaim (SEE RIGUERRA page 188
and ALBANO page 166)
2. The MTC has jurisdiction over compulsory CC regardless
of the amount BUT it can only award as much as its
jurisdiction allows (not exceed 300k-400k). The better rule
is that when the counterclaim exceeds the jurisdictional
amount of the MTC, it is treated as permissive.
3. Ejectment/FE/UD can only be raised as counterclaims in
the MTC (REASON: sila lang may jurisdiction dito; the
rules say RTC has jurisdiction REGARDLESS of amount
lang –riguerra page 192. Must have jurisdiction as to the
AMOUNT and NATURE of the counterclaim)
4. Effect if the main complaint is dismissed
a. The counterclaim will remain if the defendant has
already filed and served his counterclaim on
plaintiff. EXCEPTION: if the defendant pleaded
the counterclaim AFTER he has been served the
motion for dismissal.
b. No prejudice for the prosecution of such
counterclaim in the same or separate action
(S3R17) (Padilla v. Globe, 2014)
c. Can you do an MTD + counterclaim? No. These are
incompatible remedies
d. Can you do a counterclaim + allege grounds for
dismissal as affirmative defenses in answer? YES
(Questionable)
5. DISMISSAL OF COMPLAINT RESULTS IN
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DISMISSAL OF COMPULSORY
COUNTERCLAIM
a. EXCEPTION: Dismissal of the complaint
due to the fault of the plaintiff does not
carry with it the dismissal of the
counterclaim, compulsory or otherwise.
In fact, the dismissal of the complaint is
without prejudice to the right of
defendants to prosecute the
counterclaim. (Pinga v. Heirs of
German Santiago)
6. For the BAR answer this: in compulsory counterclaim in
the MTC both must be in jurisdiction of the MTC as to
the NATURE and AMOUNT
7. If a compulsory counterclaim is not raised in
the answer, a party is barred from interposing
such claim in a future litigation.
a. EXCEPTION: The claim is not barred
even if it was necessarily connected
with the claim in the complaint where
the claim did not exist or mature at the
time of the filing of the answer. (BDO v.
CA)
 Cross-claim – any claim by one party against a co-
party arising out of the SAME transaction or
occurrence that’s the subject matter either of the
original action or of a counterclaim therein
o Period to answer: 10 days from notice
o No need for leave of court
o Failure to raise cross claim – can be cured by
amendment; with leave of court
o Cross claim not set up is deemed barred.
o Are fees required for a cross claim? Yes.
(QUESTIONABLE)
o NOTE: Permissive Cross claim – Only when the
cross claim which either matured or was acquired
by a party served his pleading (Namarco v
Federation) but note that a cross claim is always
compulsory
 Reply – pleading, the 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 and
thereby join or make issue as to such new matters
o Function:
Deny, or
Allege facts in denial or avoidance
of new matters
Join or make issue as to such new
matters
 If no reply, all new matters alleged in the answer are
deemed controverted UNLESS the defenses in
answer are based on actionable document to deny it
specifically.
 GR: no need a reply since matters are deemed
controverted; exceptions
1. If the answer attaches an actionable document.
 Third (fourth, etc) party complaint
o Requisites:
1. Claim that a defending party may file
2. Against a person not a party to the action
3. For contribution, indemnity, subrogation or
any other relief
a. It is settled that a defendant in a contract action
may join as thirdparty defendants those who
may be liable to him in tort for the plaintiffs claim
against him, or even DIRECTLY to the plaintiff.
(Philtranco Services v. Paras, 25 April 2012)
4. In respect of his opponent’s claim
5. With leave of court (only pleading which is
required)
o Period to file: 15 days
o Dismissal of original complaint = third-party
complaint dismissed
o Summons need to be served over 3rd party
defendants
 Bringing new necessary parties to the
counterclaim/crossclaim
o Court may order to be brought in as
defendants in counter or cross-claim
o One or more of defendants in counter/cross is
already a party to the action
o Requires amendment (QUESTIONABLE)
 Third party defendant has to file an answer, he may also
allege counter/cross, even against the original plaintiff
 TEST IN DETERMINING PROPRIETY OF A
THIRD-PARTY COMPLAINT (Asian
Construction v. CA, GR 160242, May 17, 2005)
1. (whether the 3rd party claim arises from the
same transaction subject of the complaint;
or whether the 3rd party claim, although
arising out of different transaction, is
connected with the plaintiff's claim;
2. whether the third-party defendant would be
liable to the plaintiff or to the defendant for
all or part of the plaintiff's claim against the
original defendant, although the third-party
defendant's liability arises out of another
transaction or to both the plaintiff and the
defendant; and
3. whether the third-party defendant may
assert any defenses which the third-party
plaintiff has or may have to the plaintiff's
claim)
 Failure to file 3rd party complaint is NOT a waiver.
 It is ancilliary to the main case hence must yield to venue
and jurisdiction of main action (GSA says this is correct)
1. But when it comes to a judgment: a third party
complaint is independent from complaint hence
judgment of 3rd party complaint may become final
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and executory before determination of main case
(Pascual v. Bautista; 216 riugerra) o Other Contents of atty sig.
o Address
TRANQUIL CASES: o Roll number
o IP number
Cosco Philippines Shipping v. Kemper Insurance o PTR
Company, G.R. No. 179488, April 23, 2012 o MCLE

 We have consistently held that the certification against

forum shopping must be signed by the principal parties.
If, for any reason, the principal party cannot sign the
petition, the one signing on his behalf must have been
duly authorized.
 With respect to a corporation, the certification against
forum shopping may be signed for and on its behalf, by a
specifically authorized lawyer who has personal
knowledge of the facts required to be disclosed in such
document. NEED TO SHOW BOARD RESOLUTION
 BUT the lack of authority of the person making the
certification of non-forum shopping was remedied
through subsequent compliance by the parties therein.
o basis of a special circumstance or compelling
reason
o board resolution which was subsequently
attached recognized the pre-existing status
o into consideration the merits of the case and to
avoid a re-litigation of the issues and further
delay the administration of justice + Authority
was RATIFIED by the Board
RULE 7 Parts of a Pleading
 Caption: sets for the
1. Name of court
2. Title of action – indicates name of parties
and their respective participation
3. Docket number if assigned
 Body
1. Designation
2. Allegations – divided into paragraphs so numbered
1. First Cause of Action/Second Cause of
Action
2. Only ultimate facts
3. Relief prayed for
4. Date of pleading – at the bottom, include place of
filing
5. Headings
 Signature and address
o GR: Pleading Must be signed by party or
counsel representing him, otherwise pleading
produces no effect
o E: if due to inadvertence or no delay
 Signature of counsel certifies:
1. He has read the pleading
2. That to the best of his knowledge, there’s
good ground to support it, and
3. Not interposed for delay
Violation: Grounds for disciplinary action:
1. Deliberate files unsigned pleading
2. Signs pleadings in violation of the rules
3. Fails to report to court the change of address
4. Made allegations in scandalous manner
Verification
o General rule: need not be under oath, verified or
accompanied by affidavit
o Exception: when otherwise specifically required by law or
rule. Examples:
1. Summary procedure
2. Petition for review; RTC – SC
3. Rule 43
4. Rule 45 to SC
5. Rule 47 annulment of judgments
6. CPM Rule 65
7. Injunction
o Must state:
1. Affiant has read the pleading
2. Allegations are true based on his personal
knowledge or authenticated records
3. Under oath
o There is substantial compliance if signed by someone who has
ample knowledge to swear to the truth of allegations
o GR: Party must sign the pleading, not lawyer
o Except under compelling reasons or under ADR
o If multiple parties, all must sign verification
o Unless, common interest among them
Certification against forum shopping
o Forum shopping – filing of multiple suits in different
courts, either simultaneously or successively
• Involving same parties
• To ask court to rule on the same or related causes,
and/or grant the same or substantially same reliefs
o Test: is there identity of:
• Parties
• Rights or causes of action
• Reliefs sought
o Party himself must sign.
o Required in every initiatory pleading, not in a motion
• Required also for SCA
• 42,43,45,46,47,64,65
o Contents:
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1. Certify that he has not filed a similar
complaint involving same issue in another
court, tribunal, quasi-judicial agency
2. If there is any pending claim, provide status
3. If learns about similar action, report fact within
5 days from knowledge
4. Under oath ans swort to.
o Who signs Certification of Forum Shopping
1. Natural persons
a. Party himself or ANY principal parties and
NOT counsel
b. No substantial compliance
c. (Altres v. Empleo) can have counsel sign if
there is SPA + justifiable reasons
2. Multiple parties
a. All have to sign EXCEPT communality of
interest and common cause of action
3. Juridical persons
a. Person authorized in secretary’s certificate
who has personal knowledge
b. If authorized to sign NCFS can further
delegate it if he is not prohibited by the
secretary’s certificate (Fuji television v.
Espiritu, 2014)
c. Corporate officers even WITHOUT board
resolution (NOT CONFUSED WITH
SUMMONS AH) (they can also sign
verification)
i. Chairman of board
ii. President
iii. General manager
iv. Personnel officer
v. Employment specialist in labor
case
d. Foreign corporation – managing director’s
certificate
o On substantial and subsequent compliance for CNFS
o Remember: Sign + ATTACH authority
(sec cert)
o Some cases say that subsequently filing the
resolution authorizing officer to sign can
be valid
o Can give way to just and equitable
circumstances
a
RULE 8 Manner of Making Allegations in Pleadings
o With respect to capacity, facts concerning the following
must be averred:
1. Capacity of person to sue or be sued
2. Authority of party to sue in a representative capacity
3. Legal existence of an organized association og
the persons that is made a party
4. Fraud and mistake
o General averment is sufficient
1. Conditions precedent
2. Condition of mind, malice, intent, knowledge
3. Judgement (no need to show jurisdiction)
4. Pleading of official document or act
 How to plead an actionable document (action/defense)
1. Set forth substance of document in pleading and attach
document, or
2. Reproduce contents of document in the pleading en toto
o Failure to do so may result to dismissal of action due to
failure to state cause of action
 How to contest documents:
1. Specifically denying genuineness and due execution
a. Do not say, it doesn’t seem to be mine.
2. under oath and
3. setting forth what he claims to be the facts
o Oath not required when
1. adverse party doesn’t appear to be a party to the
instrument, or
2. when compliance with order for inspection of
original instrument is refused
 Genuiness – instrument not spurious, counterfeit or of
different import on its face from the one executed
 Due execution – done with authority
Points on Denials
o Disavowal of knowledge – must have lack of capability
to determine the truth or falsity of such. If the averment
was in fact within knowledge of defendant such will be
deemed admitted.
o Negative pregnant – you deny only the qualifications
but not the actual acts.
o Material averments in complaint deemed admitted
when not specifically denied, except:
o Those as to amount of unliquidated
damages
o Immaterial averments
 Court may order any pleading to be stricken out or any
sham or false or immaterial matter be stricken out
o Upon motion made by party before responding
to a pleading, or
o If no responsive pleading permitted, upon motion
by party within 20 days after service of the
pleading upon him, or
o Upon court’s initiative at any time
EFFECTS OF “Pleadings”
1. Effect of General Denial
a. Deemed an admission
2. Effect of imperfect Specific denial
a. Deemed an admission
3. Effect of not filing an answer in Compulsory counterclaim
a. No default
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4. Effect of not filing an answer in Permissive counterclaim
a. Can be declared in default
5. Effect of Not filing a reply
a. No effect unless answer pleads actionable
document
6. Effect of failure to file cross-claim
a. Deemed barred
7. Answer does not raise a counterclaim
a. Compulsory – deemed waived
b. Permissive – can institute in another action
c. Compulsory can be cured by amendment of
pleading or by filing supplemental complaint
(depends on timing)
8. Situation: cross-claim/compulsory counter claim not
raised but was later raised in separate action
a. File MTD on ground of RJ or LP (Metals v. CA,
1991)
9. Pleadings bears No signature (or improper signature) of
counsel or party
a. Pleading produce no legal effect
10. Not verified BY PARTY if required by law
a. No legal effect but can be cured by amendment
or require an oath
b. Not grounds for dismissal since it is not
jurisdictional
c. For verification, there is substantial compliance,
counsel can sign
11. APPEALS Not verified
a. No legal effect
b. Cannot be cured unless you file again within
reglamentary period
c. Not toll reglamentary period
12. Certificate of Forum shopping
a. Absence of certificate
i. Dismiss without prejudice
ii. Not cured by amendment
iii. Upon motion NOT motu proprio
iv. Can be waived (better rule)
v. CONTRA: cosco v. kemper – if no
CNFS then no legal effect, as though
not deemed filed.
b. Non-compliance (false)
i. Indirect contempt
ii. Admin + crim case
iii. Dismissal of case (usually 2nd case)
without prejudice
iv. Upon motion NOT motu proprio
c. Willful and deliberate forum shopping
i. Dismissal WITH prejudice
ii. Summary dismissal
iii. Direct contempt
iv. REMEDY: Petition for review on
certiorari
v. Can MOTU PROPRIO OR motion
13. Effect of no notarial seal in NCFS or verification
a. It is okay, there is substantial compliance
(Regulus v Dela Cruz, 2016)
14. Failure of the notarial certificate to state that the parties
presented competent evidence of identity or were
personally known to the notary public
a. Case should be dismissed for failure to comply with
form of jurat (GO que v. Singson, 2016)
15. Effect of failing to deny under oath (proper form) an
actionable document
a. Admit genuineness and due execution
i. He voluntarily signed it or was signed
with his authority
ii. Document delivered
iii. Eliminates defenses related to execution
of authenticity of document
iv. NO MORE authentication process
b. Not admit
i. Payment or non payment
ii. Want or Illegality of consideration
iii. Mistake
iv. Fraud
v. Prescription
vi. Estoppel
16. Verified Complaint saying that I do not own land – Answer
pleaded actionable document (deed of sale) – failure to
deny or reply
a. NOT admission since the complaint was VERIFID
already although there was not specific denial
there was substantial traversal of the AD (Toribio
v. Bidin)
17. Relief prayed for
a. Failure to state relief – ??
b. Can court award higher relief that what is prayed
for even without “prayer for other equitable
relief?” Yes if evidence warrant and for
substantial justice (RIGUERRA)
18. Under Section 3, Rule 7, a party may sign a
pleading. Counsel's authority and duty to sign a
pleading are personal to him. He may not
delegate it to just any person. He may delegate it
to another lawyer but cannot do so in favor of
one who is not. (Republic v. Kenrick
Development Corp, GR 149576, August 8, 2006)
RULE 9 Effect of Failure to Plead
 Defenses and objections not raised in a motion to dismiss
or in the answer are deemed waived
o Except:
1. Lack of jurisdiction over subject matter
2. Litis pendencia
3. Res Judicata
4. Prescription
5. Lack or absence of cause of action (not really
not waived, since demurrer is proper remedy)
o If these grounds appear, dismiss claim
 Kinds of default
1. In actions in rem – general order of default
2. Failure to attend pre-trial – “as in default” allows
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plaintiff to present evidence ex parte
3. Failure to file an answer – declaration of default
4. Failure to file a pre-trial brief
 When one considered in default Court declares when:
o Fails to answer within allowed time
o Proof of such failure
o Summons validly served against
defendant
o Defending party must be notified of
motion to declare him in default
o Hearing set for motion to declare him in
default
 Relief from order:
Before judgment
1. Motion to set aside order of default
a. File a motion under oath to set aside
order of default
i. Does NOT need hearing
b. Show failure was due to FAME
c. Show affidavit of meritorious defense
d. Note that there is deemed lifted even
without motion when court admits
responsive pleadings
After judgment
1. But before became final and executory =
motion for new trial (ground: FAME)
2. Discovered after finality = petition for relief
from judgment
a. Within 60 days from notice of
judgement and within 6 months of
entry
b. Based on FAME
3. Appeal from judgment as contrary to evidence
or to law
a. Within 15 days of receipt of
judgment
b. Grounds: failure to prove material
allegations OR decision contrary to
law
4. Certiorari Rule 65
a. GADLEJ
o Notes on Remedies
o MNT/Relief of judgement/set aside order of default =
MUTUALLY EXCLUSIVE (Lui v. Zuellig, 2014)
o Judgment of default shall NOT
 Exceed amount prayed for
 Award unliquidated damages
EFFECTS of “Effect of Failure to Plead”
1. Effect of order of default
a. entitled to notice of subsequent proceedings
but not take part in the trial
b. Loses standing in court
c. Judgement by default- Render judgement as
pleading may warrant (can have ex parte
presentation of evidence)
d. Defaulting party can still testify for other non-
defaulting parties
2. A judgement by default may be rendered in the
following cases despite answer
a. Refuse to comply with mode of discovery
b. Willfully fail to appear before officer to take
his disposition or fail to serve written
interrogatories
3. Partial default (some default, some do not)
a. Try case against ALL upon the answers thus
filed, if there is common cause of action.
b. No personal defenses be considered in favor of
others
c. Defaulting defendants rely on evidence
presented by one who filed answer
4. Failure to attend hearings
a. not ground for default,
b. just waive right to object to evidence.
RULE 10 Amended and Supplemental Pleadings
 Amended Pleading – proper to allege facts which occurred
prior to filing of original complaint but for some reason
were not alleged therein (you omitted something)
o When amendment a matter of right
1. Anytime before responsive pleading is served,
or
2. In case of reply, at any time within 10 days
after it is served
a. Can only amend as matter of right
once
b. Only notice to amend is necessary
c. Both in form and in substance
d. After defendant’s answer, requires
leave of court (discretionary). Also
note that Amendments before the CA
is always discretionary.
o When to file response to amended complaint
If done as matter of right, 15 days after
being served with a copy
If not, 10 days from notice of order
admitting the same
o Can you amend a jurisdictional error? YES if no responsive
pleading is filed.
o Adverse party will not be in default if he answered the original
complaint
o Substantial Amendment – modifies or alters cause of action
or defenses
 Needs leave of court if after answer
 If no motion to dismiss, defect may be cured at trial
on merits by presentation of evidence
 Substituting an actionable document is akin to an
amendment
 The original complaint is deemed abandoned if the
amendment introduces a NEW or DIFFERENT
cause of action or demand
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 Formal amendment – correct a defect in designation of
parties and other clearly clerical or typo errors
Either upon motion of the party,
Or by the court motu propio
 When court can order an amendment even without
motion:
1. Formal amendment
2. Bill of particulars
3. Motion to dismiss, court can either grant,
deny, or order amendment
4. In crim cases, in a motion to quash, can either
grant, deny or order amendment
 Supplemental pleading – proper in order to allege
facts which occurred after the filing of the original
pleadings, filed pursuant to new transactions,
occurrences or event that arose after filing of original
o Leave of court necessary
o Upon motion of party, upon reasonable notice
and upon terms as are just
o Response to supplemental pleading to be
made within 10 days unless court gives
different period (answer to such is NOT
necessary, no default)
o No supplemental pleadings in the Supreme court
o Does not supersede original pleading
o CANNOT allege a different cause of action
of action exists at time the complaint was filed
(Swagman v. Hotels, 2005)
i. Also in same case: lack of cause of action
can be ground for MTD.
4. Amendment to correct jurisdiction
a. As a matter of right – allowed
b. As a matter of discretion - not allowed
5. Amendment supersedes pleading it amends
a. No judicial admission -> becomes extra judicial
admission
b. No need for new summons unless defendant has
NOT yet appeared in court before amendment
6. Amendment v. Supplemental
a. Supplemental – no answer; your former answer is
deemed answer in the supplemental
b. Amendment – no answer; NEW allegations are
deemed admitted
RULE 11 When to File Responsive Pleadings
 Extension of time to plead
o Maybe allowed by the court
o Upon motion,
o On such terms as may be just,
o And filed before expiration of time
sought to be extended
Thanks Clarence Tiu!

 In filing amendments, must submit new copy of entire

pleading which incorporates and indicates
amendments with appropriate marks
o Must be served on defendant

Effects of “Amendments”

1. When can court order an amendment ON ITS OWN

a. Pleadings in general – formal only
b. Bill of particulars filed – compliance or
amendment
c. Motion to dismiss – grant, deny or amend
d. Criminal case (MTQ) - grant, deny or amend

2. Kinds of amendments to conform to evidence (treated as

if been raised in pleadings)
1. No objection on part of other party –
a. allowed even after judgment.
b. Valid even if what was alleged > proven
c. Going beyond the pleadings -

2. If other party objects

a. discretion of court
b. If admission would not prejudice objecting
party in maintaining hid action or defense
upon merits
3. Can amendment be used to cure lack of cause of action?
a. No.
b. The curing effect of amendment only if cause RULE 12 Bill of Particulars
 Motion for bill of particulars – pleading asking for bill.
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When pleading makes out a cause of action but there are acquisition of the assets cited. (Republic v. SB, G.R. No. 148154,
ambiguity in some allegations. Directed against ANY December 17, 2007). • SC ruled that this is proper for Bill of
Particulars.
pleading.
 Bill of particulars – actual document submitted by
plaintiff after grant of defendant’s motion

 When to move for one:

o Before responding to pleading (usually 15 days_,
or
o If purpose is to clarify counterclaim, or
cross claim, or reply, within 10 days
from service thereof
o NOT apply if already filed an answer.
 What to point out
1. Defects complained of,
2. Paragraphs where they are contained, and
3. Details desired
a. Identify defects
b. Indicate details required
 Action by court:
o Deny or grant outright, or
o Allow parties opportunity to be heard
o HEARING is NOT mandatory

 Compliance with order

o If granted, adverse party must comply within 10
days from notice of order Unless court orders
otherwise

 Bill becomes part of pleading

 Where cannot file Bill of particulars: Intracorporate
disputes under interim rules

Effects of “Bill of particulars”

 Effect of noncompliance when ordered to submit

o Court may order striking out of pleading
or portions thereof
o Dismiss case based on non-compliance
with a court order
 Stay of period to file responsive pleading/MTD
o Moving party may File within period to
which he was entitled to at the time of filing
his motion (remaining period), which shall
not be less than 5 days
o Under Rule 22 Sec 1, don’t include day that
caused interruption as part of period that lapsed.
• If pleading filed on Feb. 1, last day to
respond is on Feb. 16

• If filed on Feb. 6, still has 11 days to

file (from notice of denial or service of
BoP)
 The filing of a motion for Bills of Particulars is proper as the
complaint failed to allege a factual matter which, under the Rules,
must be alleged or pleaded, i.e., identity of alleged co-heirs and
co-plaintiffs is necessary for a proper defense.
 COMPLAINT alleged that defendants acted in “unlawful concert”. •
Defendant filed a motion for a bill of particulars, for clarification on
the specific nature, manner and extent of his participation in the
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What FILING of P,M,R,O,N,D SERVICE of PLEADINGS, Motion, NOTICE SERVICE OF Judgment, Final Order,
Resolution
Mandator Yes Yes Yes
y
Definition act of presenting the pleading or other paper to act of providing a party with a copy of the pleading act of providing a party with a copy of the
the clerk of court pleading by a party AND BY THE
COURT
Upon Clerk of Court 1. No counsel – party himself
whom 2. Have counsel – counsel only and NOT to party
should it 3. 1 counsel several parties – only one copy to him
be made 4. 2 or more counsels for 1 party – any one of them
What 1. Judgment 1. Judgment
document 2. Resolution 2. Resolution
s shall be 3. Order 3. Final Order
given 4. Pleading subsequent to complaint
5. Written motion
6. Notice
7. Appearance
8. Demand
9. Offer of judgment
10. Similar papers

Method 1. Personal Filing 2. Personal Service (priority 1) Three modes only:

a. Clerk of court endorse on the a. To whom
pleading the date and hour, i. Party or his counsel 1. Personal Service (same as last
stamps, dates, and signs it ii. Leaving it at office with his clerk or column)
b. For private courier: Date of filing with a person having charge thereof 2. Service by Registered Mail
is actual receipt by clerk of court iii. Copy to residence between 8-6 with a (same as with last column)
c. Proof: if pleading is found in person of sufficient age and discretion 3. Publication
records, if not, present the AND residing therein s a. Only when a party
received copy with written or b. If another mode of service is used, must be summoned by
stamped acknowledgment of its accompanied by a written explanation on why it publication failed to
filing by clerk is not done personally – VIOLATION: Not appear.
a. If another mode of filing is used, considered filed – Expunge it b. Paid by prevailing
must be accompanied by a c. Completeness: upon actual delivery party
written explanation– d. Proof: Notes:
VIOLATION: Not considered i. Written admission of party served OR  No substituted service
filed expunge it ii. Official return of server (sheriff) OR  No ordinary mail
iii. Affidavit of party serving with full  No need for written explanation if it
2. Registered Mail filing statement of date, place and manner comes from court
a. Date of mailing, as shown by post
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office stamp on envelope or
registry receipt, considered date 3. Service by Mail (Registered or Ordinary) (priority 2)
of filing a. Registered
b. Proof: i. Deposit copy post office
i. Registry receipt ii. Addressed to party or counsel
ii. Affidavit of person iii. Postage fully pre paid
mailing, containing full iv. Instructions to post master to return it
statement of important to sender after 10 days
details v. Completeness:
iii. Return card (file in 1. Actual receipt OR
court) 2. 5 days after notice of post
Notes: master
 Email - Allowed by efficient use of vi. Proof all of the ff:
paper 1. Affidavit of person mailing
 Express mail (DHL, LBC)- Not who actually did it. Date,
allowed place and manner
2. Registry receipt issued by
mailing office indicating that
mail is copy of decision etc.
3. Filing of return card
b. Ordinary
i. ONLY if no registry service is
available in either locality of sender or
receiver.
ii. Completeness: expiration of 10 days
after mailing
iii. Proof: affidavit of person mailing it

4. Substituted service (priority 3)

a. Cannot be made by mail or personally because
unknown residence
b. Deliver a copy to the clerk of court
c. with proof of failure of both personal and mail
service
d. complete at time of delivery of the copy of clerk
of court
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RULE 13 Filing and Service of Pleadings, Judgments and
Other Papers
Some rules on Filing
 Doctrine of actual notice: reglamentary period starts from
formal notice upon counsel but upon actual notice to him
(I,e. counsel already filed an MR) (Hernal v. Guzman,
2008)
 Ex parte written motions are required to be served.
EXCEPT (if they would compromise the PROVREM)
o Preliminary attachment
o TRO
o Replevin
 Pleadings and documents be filed and served via fax or
email
o Allowed if authorized by court.
 Service by courier service (LBC)
o Not provided in rules; (Palileo v. Planters)
Notice of Lis Pendens
o Can be annotated in an action involving
right, title, or interest over real property
o Real property must be directly affected; instances
• Recover possession of real estate
• Judicial partition
• Remove clouds
• Quiet title
• Proceeding that directly affect title of land
or building
• Equitable interest in real property
• Enforce lien
o No Notice of lis pendens in
• Preliminary attachment
• Probate of wills
• Levies on execution
• Administration
• Recovery of money judgment
o No need for court approval. Merely send a
memo or letter attaching the complaint to the
Register of Deeds
o When court approval needed:
1. Intent to cancel notice on following grounds:
a. Purpose was to molest other party
b. No need for notice to protect
rights of parties who caused it
2. Trial court has inherent power to cancel
notice of lis pendens
o Applies only to judicial cases
o Contents of notice:
1. Statement of institution of an action
2. Court where same is pending
3. Date of institution
4. Reference to number of
certification of title, description of
land and registered owner
 When can notice of lis pendens be cancelled?
o Order of court (molest or no need
anymore)
o Register of deeds upon verified
petition of party who caused it to be
registered (sec. 77 PD 1529)
(QUESTIONABLE)
o After final judgment in favor of
defendant where rights
Effects of Filing and service
1. Failure to include written statement of why not do it personally
in service of pleadings/filing of pleadings
a. Not considered filed – Expunge it
2. Failure to service a judgment or no proof of it
a. Reglamentary period does not begin to run
b. Order or judgment cannot be deemed as final and
executory
Proof of filing
1. Best evidence is the existence of a pleading in the record of the
case.
2. If a pleading is not in the record: •
a. Proof of personal filing of the written or stamped
acknowledgement of its filing by the clerk of court. •
b. Proof of filing by registered mail – of the registry receipt
and the affidavit of the person who mailed.
Proof of service
 Proof of personal service – written acknowledgement of the party
served or affidavit of service of the person who served, or official
return of the server •
 Proof of service by ordinary mail – Affidavit of service of the person
who mailed
 Proof of service by registered mail – Affidavit of service and registry
receipt issued by the Post Office.
 In one case, the SC held that "it is the registry receipt issued by the
mailing office and the affidavit of the person mailing, which proves
service made through registered mail." Absent one or the other, or
worse both, there is no proof of service. (Republic v. Resins, G.R.
No. 175891, January 12, 2010).
 Filing or Service by Courier is NOT one of the accepted modes
of filing service (Heirs of Miranda v. Miranda, G.R. No. 179638, 8
July 2013; Palileo v. Planters Development Bank, G.R. No.
193650, 8 October 2014)
1. GSA- not official mode. IF done via this mode the date
of filing is the date of actual receipt.
 It is the service to COUNSEL and not the party.
1. But for request for admissions- service done qto party
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Entity To Whom Served Service in person of Substituted Publication Other

defendant means
Person In the ANNEX1: ANNEX 2 None None
Philippines 1. Person himself
How: Strict Requirements before substituted
In substituted service 1. Handing copy summons (manotoc v. CA):
1. Person of suitable age or to the
discretion AND residing in defendant 1. Defendant cannot be served of summons
house 2. If he refuses within a reasonable time
2. Person in charge of to SIGN or a. Impossibility of prompt service
business/office RECIVE- by b. For the sheriff – 15 to 30 days
TENDERING 2. Several attempts made by sheriff to effect
it to him (just personal service but he failed
say I tender a. 3 tries
this to you b. 2 different dates
then iwan mo 3. Sheriff must CITE the reasons why efforts
na sa gate etc) where not successful
Where: 4. Sheriff’s return must ALSO cite
1. Wherever he a. Facts and circumstances of
may be found attempts
in the b. Efforts to serve, in DETAIL
Philippines c. Date and time of different
attempts
d. Presumption of regularity only
applies if (a-c) was complied with

How made by leaving a copy to either:

1. Residence-
a. to some persons of suitable age
and
i. full legal age
b. Sufficient discretion
i. To understand
importance of summons
ii. Some comments: need to
know English?
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iii. Must have relation of
confidence
c. AND residing therein
2. Office or regular place of business –
a. with some competent person in
charge
b. QUESTIONABLE: There are
some cases saying that a secretary
whose job is to receive documents
can receive summons (Gentle v.
Consulta, 2010) (Macasaet v. Co,
2013 – service to secretary against
editors and reporters)
c. Office is NOT a place where the
person is just a board member if
such is not his regular place of
business (UCPB v. Ongpin, 2001)

Persons 1. Person himself or via Same as personal Yes . Same as Annex 2. (Palma v. Galvez, 1. Service Yes
(residents) publication service under ANNEX 2010) via
temporarily 1. But in this case, publicatio
outside o NOTE – actions in personam are personal service shall n in news
Philippines included be effected OUTSIDE paper of
The Philippines. general
circulation
as the
court may
order
2. AND
registered
mail to
last known
address of
defendant
Persons outside 1. personal himself or via Same as personal None 3. Service Yes.
the Philippines publication service under ANNEX via Note it
and NON 1. But in this case, publicatio can also
resident AND The action MUST AFFECT: personal service shall n in news be sent
limited only to 1. Personal status of the Plaintiff be effected OUTSIDE paper of to
certain actions 2. Property within the Philippines The Philippines. general address
which circulation through
(this is a. Defendant claims a lien as the the DFA
extraterritorial or interest court may (Licaros,
service of b. Excluding defendant order 2003)
summons for from interest therein 4. AND
actions in rem c. Attached in the registered
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and QiR) Philippines mail to
last known
address of
defendant

Entities 1. Any of them Same as annex 1
WITHOUT 2. Person in charge of office or place of
juridical business
personality may
be sued under No effect on person if already severed
name which they from the entity
are generally of
commonly
known
Prisoner 1. To the prisoner 1. Served by officer
having in charge
of jail or
institution
Minor, 1. To such person AND
incompetent, 2. Legal guardian or guardian ad litem
insane
Unknown None None None 1. By leave None
identity OR of court
whereabout 2. Published
unknown in news
paper of
general
circulation
3. In time
and place
as court
may order
Domestic private Private corporation* note doctrine of
juridical entity substantial compliance

Made to (Exclusive list) :

1. President
2. Managing partner
3. General Manger
4. Corporate treasurer
5. Corporate Secretary
6. In house counsel

Exception
1. Any other person who acted as
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AGENT of the above 6
mentioned such as
2. Secretary of the president (but
such secretary must be
employed by corporation)

Not valid summons

1. Branch manager
2. Cost accountant (2015)
3. Lawyer

For GOCCs
1. See their charter
Foreign private `
juridical entity 1. Resident Agent ONLY; but
who absent such then to either:
TRANSACTED 2. Government official designated
BUSINESS by law
a. Foreign Insurance
corporation: Insurance
commissioner
b. Foreign Bank: BSP
deputy governor
c. Issuer or under SRC:
SEC commission
d. Other corporation :
SEC
3. Any of its officers or agents in
the Philippines
Republic of the Soliticitor General
Philippines
LGU or public 1. Executive head OR
corporations 2. Officer as the law or court may
direct
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SPECIAL RULE: NOTE HOWEVER THAT ALL OF THESE 5 methods SHALL BE DONE WITH LEAVE OF COURT
Personal Service Substituted Publication Facsimile Other means
Foreign private juridical Through appropriate court NONE unless authorized 1. Once in a news Facsimile or other Other means as
entity who is in the foreign country by court paper of general electronic means that authorized by court
with assist of DFA circulation in could generate proof of
1. NOT registered in the country where service
PH OR defendant is
2. Has no resident found AND
2. Registered mail at
last known
address of
defendant

 When can constructive notice by publication be resorted to?

1. Actions in rem and quasi in rem against any defendant, whether individuals or foreign corporation;
2. In personam actions against foreign corporations;.
3. In personam actions against residents who are temporarily out of the Philippines; and
4. In personam actions against a defendant whose identity or whereabouts is unknown

 Rule on service of summons

1. The rule on service of summons depends on the nature of the action and whether the defendant is an individual, domestic juridical entity or foreign juridical entity.
2. Where the defendant is an individual and the action is in personam, the general rule is PERSONAL SERVICE or SUBSTITUTED SERVICE, when appropriate..
a. Exceptions are:
• When defendant or his whereabouts is unknown (Sec. 14, Rule 14) and
• When defendant is a Philippine resident temporarily out of the Philippines (Sec. 16), where CONSTRUCTIVE NOTICE and EXTRATERRITORIAL SERVICE may be
resorted.
3. Where the defendant is an individual and the action is in rem or quasi in rem, PERSONAL SERVICE, SUBSTITUTED SERVICE, CONSTRUCTIVE NOTICE OR EXTRA-
TERRITORIAL SERVICE may be resorted to.
4. Where the defendant is a domestic juridical entity, the rule is PERSONAL SERVICE OR SUBSTITUTED SERVICE on the officers enumerated under Section 11, Rule 14. Exception
is where the identity of the defendant corporation is unknown such unknown owner of a property that caused damage.
5. Where the defendant is a foreign juridical entity that has transacted business in the Philippines, EXTRATERRITORIAL SERVICE may be resorted to regardless of the
nature of the action. PERSONAL SERVICE can also be made

• What are the requisites for the application of the doctrine of substantial compliance? (FOR SERVICE OF DOMESTIC JURIDICAL ENTITY)
 There must be actual receipt of the summons by the person served, i.e., transferring possession of the copy of the summons from the Sheriff to the person served;.
 The person served must sign a receipt or the sheriff's return; and
 There must be actual receipt of the summons by the corporation through the person on whom the summons was actually served.
o The third requisite is the most important for it is through such receipt that the purpose of the rule on service of summons is attained (Millennium v. Tan, G.R. No. 131724,
February 28, 2000).
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 Service on foreign corporation

 Personal service or extraterritorial service may be made on a foreign corporation that has transacted business in the Philippines regardless of the nature of the action (Sec. 12, Rule
14, as amended).
 For registered foreign corporations, personal service or constructive service may be resorted to.
o Personal service - for service on its resident agent or any of itsofficers or agents in the Philippines.
o Constructive notice - for service on a government official designated by law like the SEC
 For unregistered foreign corporations or foreign corporations without resident agents, extraterritorial service of summons may be made by:
o (a) personal service abroad, which must be coursed through the appropriate court in the foreign country;
o (b) publication abroad and registered mail at the last known address of defendant;
o (c ) facsimile or other recognized electronic means that could generate proof of service;
o (d) other means as the court may direct
 Through AM 11-3-6-SC, the SC expanded the ways by which service of summons may be done on a foreign corporation that has transacted business in the Philippines
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RULE 14 Summons
 There are only 4 modes of service of summons
1. Personal
2. Substituted
3. Summon by publication
4. Extra territorial service (also allows publication)
 Summons – mode, writ, process, notice or warning
issued by the court upon filing of complaint and
payment of required fees, the service of which confers
jurisdiction the court over person of defendant.
Defendant is notified of the action brought against him.
 There must be summons or voluntary appearance, mere
knowledge of the case is not enough
 Contents: directed to defendant, signed by clerk under seal
1. Name of court and names of parties
2. Direction that defendant answer within time fixed
3. Notice that unless defendant answers, plaintiff
will take judgment by default and may be
granted relief applied for
4. Copy of complaint and order for appointment of
guardian ad litem if any, attached to original and
to each copy
 When to serve summons
1. Filing of the Complaint AND
2. Payment of filing fees
 When to serve new summons? (GR: once summons
served no need to serve against when complaint
amended)
1. When defendant has yet to appear in court, new
summons must be filed with amended complaint
(SUBSTANTIAL AMENDMENT)
2. Defendant in default as to original complaint
 In quasi-judicial agencies, rules on service not strictly
construed. Substantial compliance enough.
 Who serves summons:
1. Sheriff
2. Deputy sheriff
3. Other proper court officer, or
4. For justifiable reasons, by any suitable person
authorized by court
5. Officer having management of jail or institution
(Sec. 9)
Exclusive enumeration
 Return – when service has been completed, server shall:
o Serve a copy of return to plaintiff’s counsel
• Either personally or by registered mail
• Within 5 days
o Return summons to clerk who issued
• Accompanied by proof of service
 Proof of service
1. Made in writing by server
2. Specify
a. Manner, place, and date
b. Any papers served with summons
c. Name of the persons who received the same
3. Sworn to if made by a persons who is NOT sheriff or
deputy
 Alias summons
o Summons returned without being served on any
or all defendants
• Server shall serve a copy to plaintiff
• State reasons for failure of service, within 5
days
o Or if summons has been lost
o Clerk, upon demand of plaintiff, may issue an
alias summons
o Court can motu propio order the issuance since it
can be refiled anyway (QUESTIONABLE)
 If leave of court is REQUIRED under this rule:
1. Writing
2. On motion
3. Affidavit of plaintiff or some person on his behalf set
forth the grounds
 Voluntary appearance
o equivalent to summons, but if there’s voluntary
appearance, summons can be dispensed with
o What are considered voluntary appearance
• MTD other than LoJ over person
• Fling of answer without object,
• filing for motion for extension of time to
file answer
• by seeking any affirmative relief (such as
to lift preliminary attachment)
o To avoid voluntary appearance you can file an
answer AD CAUTELAM (so you will not be
declared in default)
Some Rules on Summons
 Cannot be made by stenographer; can be served by process
server.
 Can be served at night, or Sunday, or holiday
 Defendant instructed security guard to not let in sheriff –
allowed service to be done to security guard. (robinson v.
Miralles)
Effects of Summons
1. No summons was issued + judgment = VOID
a. Annulment of judgment under R47
• Lack of jurisdiction over person
• Due process
2. Summons was defective + Action quasi in rem + MNT
a. No more annulment of judgment
b. There was compliance with due process
3. Failure of plaintiff to cause summons to be served
within a reasonable time (7 days for plaintiff to cause it
to be served- Tranquil – ibig sabihin pipilitin nya ung
sheriff)
a. Duty of clerk
b. BUT usually move to have it dismissed due to
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failure to prosecute
4. Failure to comply with rules of substituted summons
a. No valid summons- MTD on LoJ over
person
b. Not valid even if defendant had notice that
there was summons being served on him but
there was failure to comply with rules of
substituted summons
RULE 15 Motions
 Motion – application for relief other than by a pleading
o May be final or interlocutory
o Neither raises a claim not raise a defense
o Must be in writing, except those made in open
court or in course of a hearing or trial
o Contents
1. Relief sought
2. Grounds as basis
3. If required by Rules or necessary to prove
facts alleged therein, should be
accompanied by supporting affidavits
a. If facts alleged in motion are
not of record or of judicial
notice
b. A motion for setting aside
judgment by default requires an
affidavit of merit
4. Notice of hearing
 Hearing of Motion
o What must be done
1. All litigated hearings set by applicant, and
2. Served together with notice of hearing in
such manner as to insure receipt (or actually
receive it) at least 3 days before date of
hearing – though 3- day notice rule is not
absolute, must be liberally construed
3. You need notice of hearing, and proof of
service
a. Serve to party, but also
b. To clerk of court who
schedules the hearing
o Motions that can be acted upon without hearing
1. Ex Parte motions
2. Court can act upon without prejudicing
rights of adverse party
3. Court concludes if motion is litigious or not
4. Alias summons
o Notice not required in appellate courts
o How to attack:
Final order = appeal
Interlocutory = certiorari under Rule 65
o Notice of Hearing
1. Addressed to all parties concerned
2. Specify time and date of hearing, which
must not be later than 10 days after filing
of motion
o Ordinary motion day is on a Friday
afternoon
o If Friday is a non-working holiday, set
on next working date (Monday)
 Omnibus Motion
o Motion attacking a pleading, order, judgment
or proceeding shall include all objections then
available
o All objections not included shall be deemed waived
 Motion for Leave – accompanied by pleading motion
sought to be admitted
 Form – rules on pleadings apply to written motions
o No need for certificate of NFS
o When motion is “pro forma,” there’s failure to
1. Serve copy to other party
2. Include notice of hearing
3. Conform with 3-day notice rule
4. Conform with 10-day rule
Effect of “Motions”
1. Failure to conform with 3 day notice rule
a. Not entertained by court
b. Unless if the rights of the other parties are not
affected
2. Motion is not set for hearing
a. Mere scrap of paper
b. No legal effect
3. Motion set for hearing but without proof of service
a. Not be acted upon by court
b. RIGUERRA: discretion of court
4. Failure to conform with 10 day rule
a. Pro-forma mere scrap of paper
GSA NOTES:
• Where a motion contains a defective notice of hearing but the
adverse party was given the opportunity to file its comment
thereon, the defect is substantially cured.
• The requirement of setting a motion for hearing is intended for
the benefit of the opposing party. The trial court can resolve
the motion without waiting for the hearing date provided it is
not adverse to the opposing party (China Banking Corp v.
Abel, G.R. No. 182547, January 10, 2011)
•
RULE 16 Motion to Dismiss
 Kinds of dismissal in civ pro
1. MTD by defendant (Rule 16) – move before filing the
answer
2. MTD by plaintiff (Rule 17)
3. Demurrer to evidence
 Grounds
1. No jurisdiction over defendant
2. No jurisdiction over subject matter
3. Improper venue
4. Plaintiff no legal capacity to sue
a. Natural person – age of majority
b. Corporation – duly organized and existing
in the laws of country where it was
organized
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c. Attorney-in-fact – scope of authority
5. Litis Pendentia: requisites
a. Same parties
b. Same interest
c. Same rights asserted
d. Same relief prayed for
6. Res Judicata
a. Same requisites as (5) but there must
be a final judgment in one case
7. Prescription
8. Pleading asserting claim states no cause of action
a. Ask: hypothetically admitting facts
alleged, can court render a valid
judgment in accordance with relief
prayed for?
b. Difference between no cause of action
and PACS- COA
i. Former, use in answer as a
defense or demurrer filed after
plaintiff has rested its case
1. Ground for
demurrer:
insufficiency of
evidence
ii. Latter, for Motion to Dismiss
1. Waived if not raised in
MTD or answer
9. Claim has been paid, waived, abandoned,
extinguished
10. Unenforceable under statute of frauds
11. Condition precedent not complied with
a. Art 151 (FC) only applies if exclusively
family members. (need earnest efforts to
compromise)
 General rule: dismissal on these ground without
prejudice (PURE)
o Except:
1. Prescription
2. Unenforceable under SoF
3. Res Judicata
4. Extinguished claim
o Remedy in such exceptions = appeal
 Grounds not waived & can also dismiss motu proprio
1. LoJ SM
2. Res Judicata
3. Litis pendentia
4. Statute of Limitation
Notes:
• A decision in admin case can have res judicata in
criminal case (whether there is a tenancy relationship
between adverse parties) Ligtas v. CA, 2015
• But jurisprudence has also recognized the rule of
administrative res judicata: “The rule which forbids
the reopening of a matter once judicially determined
by competent authority applies as well to the judicial
and quasi-judicial facts of public, executive or
administrative officers and boards acting within their
jurisdiction as to the judgments of courts
• There can be res judicata even if he was only a
witness in the previous case and that his motion to
intervene was denied. RJ is subsequent case if the
defenses are the same (Degayo v. Dinglasan)
 In the present case, Degayo had the
fullest opportunity to ventilate her
accretion claim Civil Case No. 16047. In
her testimony, she asserted that she
inherited Lot No. 861 from her parents
and that she has been in possession of
that parcel of land since 1954.3
 Hearing of motion
o Parties submit arguments of questions of
law and evidence on questions of fact
available
o Evidence presented during hearing automatically
part of evidence
o Preliminary hearing is NOT allowed when there
was a prior MTD and was categorically denied
by court and was subsequently raised as an
affirmative defense. UNLESS in exceptional
circumstances
 Motion to dismiss based on failure to state cause of action
1. There can be preliminary hearing
2. BUT COURT NOW ALLOW presentation of evidence
aliunde
 Resolution
o Action of court in resolving a motion,
1. Grant the motion (dismiss action)
2. Deny the motion
3. Order amendment of the pleading
o Remedies if denied
1. Certiorari under Rule 65 – but will not
suspend main proceedings pending petition
2. Proceed to trial – file answer and interpose
objects raised as defenses. If unfavorable
judgment, reiterate issue on appeal from final
judgment
3. Motion for Reconsideration
 Time to plead
o If motion denied, file answer within balance
period prescribed to which he was entitled at
the time of serving his motion but not less
than 5 days in any event, computed from
receipt of notice of denial
o If ordered to amend (new period)
Matter of right – 15 days
Not matter of right – 10 days from
service of amended pleading
 Effect of dismissal on ground of failure to state a cause of
action
o Complaint not dismissed if can correct defect
through amendment
o If plaintiff cannot or does not amend complaint
when ordered, dismissal operates as adjudication
based on merits, unless otherwise ordered by the
court
 If no motion to dismiss filed, can raise grounds as
affirmative defense in the answer
o Preliminary hearing may be had as if a MTD was
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filed, w/n court’s discretion
Defendant should file a motion to
set a preliminary hearing
o If already filed and MTD, can’t ask for hearing
anymore but can still use in answer
Persuades parties not to file an MTD
but an affirmative defense
5 instances where order of dismissal is WITHOUT prejudice
1. Forum shopping (non deliberate)
2. Dismissal by complaint upon notice (s1 R17)
3. Dismissal upon motion (s2 R17)
4. Dismissal due to fault of plaintiff but court said
without prejudice (S3 R17)
5. Dismissal for failure to appear at pre trial (S5 & 6
R18)
EFFECTS of “Motion to Dismiss”
1. MTD is granted; remedies of plaintiff
a. File an MR
b. Re-file complaint unless barred
c. Appeal from order of dismissal unless
dismissal is without prejudice.
• If dismissal was without prejudice, the
remedy is to question it via Rule 65.
d. File an amended complaint as a matter of
right as long as dismissal is not yet final
6. MTD is Denied; remedies of defendants
a. File MR
b. Proceed to trial and if he loses, appeal and
assign it as error
c. SCA under R65.
RULE 17 Dismissal of Actions
 Plaintiff, 2 ways to dismiss action
1. NOTICE OF DISMISSAL: As a matter of right
a. When to file:
i. Before service or answer, or
ii. Before a motion for summary
judgment
b. By mere notice, court will then order
an issue confirming dismissal
c. Can dismiss as a right only once
d. Effect: dismissal without prejudice. Except:
i. Stated in notice that dismissal is
with prejudice, or
ii. Plaintiff has once dismissed in a
competent court an action based
on or including the same claim (2
dismissal rule)
e. NOTE: 2 dismissal rule applies only if
DONE BY PLAINTIFF and if the 2nd
dismissal was by NOTICE and NOT by
motion.
2. MOTION OF DISMISSAL: As a matter of court’s
discretion
a. File at any stage of proceeding other than
before service of answer or motion for
summary judgment
b. By motion and order of court
c. Dismissal without prejudice unless court
specifies otherwise
i. Limited to complaint
ii. Counterclaim survives
iii. Defendant can prosecute in
separate action, unless within 15
days from notice of motion, he
manifests his preference to have
his counterclaim resolved in same
action
iv. Class suit can’t be dismissed
without approval or court
3. DISMISSAL DUE TO FAULT OF PLAINTIFF;
a. GROUNDS
i. Failure of plaintiff to appear on
date of presentation of his
evidence in chief
• Distinguish from waiver to
present further evidence.
ii. Failure of plaintiff to prosecute
action for an unreasonable length
of time
iii. Failure of plaintiff to comply with
RoC or any order of the court
• Can be dismissed based on
motion, or upon court motu
propio
b. Same effect as adjudication based on merits
c. DISMISSAL WITH PREJUDICE unless
declared by court
 Rule applies to dismissals of counterclaims, cross-
claims or third- party complaints
 If matter of right, additional reckoning point: before
introduction of evidence at trial or hearing
 If it is a class suit, it is ALWAYS upon approval of
court.
 EFFECT OF DISMISSAL OF COMPLAINT
ON MOTION OR DUE TO FAULT OF
PLAINTIFF ON COUNTERCLAIM OR
CROSS-CLAIM
1. Counterclaim and crossclaim will
survive the dismissal of the complaint
whether compulsory or permissive
RULE 18 Pre-Trial
 Duty of plaintiff to promptly move ex parte that case
be set for pre-trial after the last pleading has been
served and filed
o Last pleading – answer or reply, depending on case
o Must set within 5 days after last pleading filed
o If plaintiff fails to move, duty of clerk to issue
notice
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o This duty of plaintiff is not affected by the a. Statement of willingness to settle or
fact that the Pre-trial Guidelines enter into alternative modes of
mandates the Clerk of Court to promptly dispute resolution
b. Summary of admitted facts and
issue a notice of pre-trial. (if plaintiff fails
proposed stipulation of facts
to move, the court may STILL dismiss it
c.Issues to be resolves
for failure to prosecute) d. Documents to be presented, stating
purpose
 Purpose: e. Manifestation of having availed of
1. Amicable settlement
discovery procedures or referral to
2. Expedite Proceedings
commissioners
f. Number and names of witnesses
 During mediation, pre-trial suspended for 30-60 days and substance of respective
 Mandatory – cannot be waived by both parties testimonies
 There’s also PC in the CA and SC o Effect of failure to file brief = same as failure
 In ejectment cases, preliminary conference instead of pre- to appear at pre-trial
trial
 Judge shall pre-mark the evidence
 SIGNIFICANCE OF DOCUMENTS PRESENTED
o If evidence not pre-marked, then can no
longer be presented
AND MARKED DURING PRE-TRIAL: CAN BE
o Same rule with witnesses CONSIDERED AS EVIDENCE EVEN IF NOT
o Exception: FORMALLY OFFERED
a. Court allows in interest of justice or 1. As a rule, documents which are not formally
b. If newly discovered offered in evidence shall not be considered.
 Notice of pre-trial a. EXCEPTION: • When the following
o Notice is served requisites are present:
a. On counsel (sufficient) • (1) The same must have been
b. If no counsel, on the party duly identified by testimony
o Two dates in notice duly recorded and,
1. Date of PC, and
• (2) The same must have been
2. Date of Pre-trial itself
 Appearance of parties
incorporated in the records of the
o Who has to go to pre-trial? case. (Ramos v. Spouses Dizon,
a. Parties, and GR 137247, Aug 7, 2006).
b. Their counsel  Record of pre-trial
o Representative can go but needs a o After pre-trial, court issues order which shall
written SPA authorizing him to: recite all matters taken up in pre-trial
1. Enter into an amicable settlement o Pre-trial order is the bible of the trial. It:
2. Submit to alternative modes of dispute 1. Binds parties
resolution 2. Limits trial to matters not disposed of
3. Enter into stipulations or admissions of 3. Controls course of action during trial
facts and documents
 Effect of failure to appear
o If plaintiff doesn’t appear = case
dismissed with prejudice, unless
otherwise ordered by the court
o If defendant doesn’t appear = plaintiff may
be allowed to present evidence ex parte
• Def not in default since already filed an
answer
o If client present but lawyer absent = no adverse
effect
except lawyer to be reprimanded

 Pre-trial brief
o Parties file with court and serve on adverse
party, ensure receipt at least 3 days before
date of pre-trial, their respective pre-trial
briefs
o Shall contain:
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o Judge issues pre-trial order within 10 days from

end of pre-trial, or
• Judge can dictate pre-trial order in open
court in presence of parties and their
counsel. Give printed copy after
 Judicial Dispute Resolution
o There is now JDR in Makati and Manila
o JDR Judge – one who acts as mediator,
conciliator and independent evaluator in the
stage between filing of complaint and before
pre-trial
o New judge via raffle (trial judge)
• Unless parties consent to continue with JDR
judge

RULE 19 Intervention

What is Intervention?
o A 3rd person with legal interest allowed to make
himself a party thereto. WITH LEAVE OF
COURT
Who may intervene?

1. Legal interest
a. In the matter in litigation No. Jurisdiction over intervention is governed
b. In the success of either parties by jurisdiction over main case.
c. Against both 2. Complaint- Answer – Complaint in intervention – no
2. Situated as to be adversely affected by a distribution answer = can be declared in default for intervention.
or other disposition of property in custody of court 3. Was not able to file Motion to intervene = can go under
rule 47
 WHEN? At any time before rendition of judgment by trial
RULE 22 Computation of Time
court
 Date from which designated of time begins to run is
1. Except when party is indispensable party even on
excluded and date of performance included
appeal
 If last day falls on a Saturday, Sunday or legal holiday
in place where court sits, shall not run until next
 Complaint-in-intervention – asserts claim against either
working day
parties
 If an act is done as to effectively interrupt running period,
 Answer-in intervention – unites with defendant in
allowable period shall start on day after notice of cessation
resisting a claim
of cause.
 Answer filed within 15 days from notice of order
 Day of interruption shall be excluded in computation of the
 State can intervene for annulment of marriage
period
 Stockholders cannot intervene in case involving corporate
 Exclude first day, include last day
property absent showing that corporation has been
 FOR THE BAR
dissolved (PNB v. Aznar)
1. If deadline is holiday, can you still extend? YES
 Lawyer can intervene in a case in order to protec his rights
but you have to count the day of extension from
under a contingent fee arrangement. (Malvar v. Kraft,
the original deadline.
2013)
 No intervention in Ejectment cases
RULE 20 Calendar of Cases
EFFECTS of Intervention
 Clerk of court under direct supervision of judge
1. Denial of motion to intervene
 Preference given to the following:
a. Appeal within 30 days from order via record
1. Habeas corpus cases
of appeal (Foster v. Galang, 2004)
2. Election cases
b. If case has been terminated, then just appeal
3. Special civil actions
15 days via notice of appeal. 4. Those so required by law
c. Court dismissed the case on lack of
 Assignment to branches done EXCLUSIVELY by
jurisidiciton, can there be intervention while raffle, in open session with adequate notice to parties.
admitting that the court had no jurisdiction?
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1. Exception f. Documents covered by RA 1405 or the
a. SCC Banks Secrecy Law, but note the
b. Family courts exceptions
g. Documents covered by Foreign
Currency Law
RULE 21 Subpoena
 Subpoena ad testificandum – process directed to a
h. Executive Privilege
person requiring him to attend and to testify at
 Cannot compel attendance and deem in contempt if:
hearing
a. Witness resides more than 100 kms from place
 Subpoena Duces Tecum – appear and bring with
where he is to testify (VIATORY RIGHT) or
him any document or things under his control
a. Remedy of person requesting: take
 Issued by:
deposition of witness
1. Court where witness must attend
b. To a detention prisoner if no permission of the court
2. Court where deposition taken
3. Officer/body authorized by law in
in which his case is pending is obtained
connection with investigations conducted
by said body Some notes
1. Subpoena shall be served in same way as
a. Commissioners
a. Personal service of summons
b. Investigating prosecutor for PI
b. Substituted service of summons
c. NBI
c. NOT to counsel of party
4. SC/CA justice in any case or investigation pending
2. Viatory right may not be invoked in duces tecum
within the Philippines
3. Rules for prisoner
5. Clerk of court in certain instances
a. Need SC authorization if: Death, RP, LI AND
a. Ad testificandum – yes if pending case
confined in penal institution
b. Decus tecum – if within pending case
b. Permission of court where case is pending: if
and if ordered by the court
merely detention prisoner.
 Form and content
1. Name of court
2. Title of action/investigation
3. Directed to person whose attendance is required
4. If duces tecum:
a. Test of relevancy: things requested must
appear prima facie relevant to issue
b. Test of definiteness: reasonably
described by parties to be readily
identified
 Grounds for Quashing (Motion to Quash)
1. Ad testificandum
a. Witness not bound (not qualified or falls
under a known privilege)
b. Witness fees and kilometrage allowed by
Rules not tendered (100km rule)
c. Where witness is being called to
testify against his parents, other
direct ascendants, children or
other direct descendants. (Sec.
25, Rule 130 on parental and filial
privilege)
d. Where the witness is disqualified
by reason of privileged
communication –
e. Executive privilege
2. Duces Tecum (upon motion)
a. Unreasonable and oppressive
b. Relevancy of documents does not appear
c. Failure to tender costs of production
d. Kilometrage/witness fees no tendered, and
cost for transportation
e. Failure to describe with particularity
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Mode of Deposition Pending Action oral examination Deposition Pending Action written interrogatories
Discovery
Who can Any party. Including non-resident foreign corporations for their witnesses
avail
When By leave of court – upon motion after jurisdiction acquired OR when prisoner
Availed Of
Without leave of court – mere notice after answer (inc. ad cautelam) is served

Deposition lawfully availed of but action was dismissed but later revived – can reuse again
Scope Any matter (inc. books, location etc)
a. Not privileged AND
b. Relevant to pending action
Use Used against any party present OR had due notice during taking of deposition

Deposition of a party – Adverse party may use deposition:

1. To contradict or impeach the testimony of the party;
2. For any purpose, i.e., offer it in evidence in support of its claim.
N.B. Deposition of officer, director or managing agent of a juridical entity which is a party to an action is
considered as DEPOSITION OF A PARTY. Thus, it may be used for any purpose.

Deposition of a witness - : Any party may use deposition:

1. To contradict or impeach the testimony of the party;
2. For any purpose if the court finds:
a. Witness is dead
b. Witness reside >100km from trial or out of PH (unless absence procured by party offering deposition)
c. Witness unable to attend due it sickness, infirmity, prison (SIP)
d. No attend despite subpoena
e. Upon application- any exceptional circumstance

Party- Purpose:
b. Use in ANOTHER CASE to impeach a witness
a. Testimony of witness is dead or unable to testify
b. Given in former proceeding (jud/admin)
c. Same parties
d. Same matters
e. Opportunity to cross examine
Method of a. Give reasonable notice in writing to every party a. Give reasonable notice in writing to every party
Availing b. State time and place and person to be examined b. Within 10 days other party may serve cross interrogatory
c. Can file objection to court which action is pending for good c. Within 5 days after service of CI, can serve re-direct
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cause to: (before taking) interrogatory
a. For it not to be taken d. Within 3 days after service of RDI, can serve re-cross
b. Limit the manner of taking it. interrogatory
d. During taking: On motion or petition of any party or e. Deliver (b-d) to officer
deponent to court where action is pending OR RTC of f. After being filed to officer, such will furnish all parties with
place where deposition is taken copies
a. Stop it g. Subject to the objections in letter c & d of the left column
b. Limit manner
c. Grounds:
i. annoy and embarrass OR
ii. irrelevant
Effects a. Objections – made at trial or hearing to receive evidence – deposing officer has no power to rule just ask the judge to strike it out
b. Taking deposition not mean that you make him witness
c. If use (unless to contradict) deposition – you make him your witness
d. Not compelled to use deposition you took
Duty of During:
officer a. Put witness in oath
b. Record testimony and take stenography
c. All objections shall be noted
a. Objections on competency, relevancy and
materiality are NOT waived unless present at
that time
b. Cross examining – no waiver of examination at
trial
d. Evidence objected shall be taken but note objection
e. Read questions to witness and records answers

After:
a. Transcribe
b. Enter desired changes
c. Have it signed by witness (unless he refused)
d. Certify deposition
e. Securely seal in an envelop
f. Promptly file it in court
g. All parties shall be furnished a copy and notified of
its filing
Failure to By person giving notice + other party attends = person giving notice pay reasonable expenses
attend
Failure of party giving notice to serve subpoena + witness did not attend + other party attend = person giving notice pay rea sonable
expenses
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What is the remedy from an unreasonable conduct of deposition?

At any time during the taking of deposition, a party or deponent may move for a protective order or termination of the taking of
deposition or limitation of the scope and manner of the taking of deposition (Sec. 18)

When can a protective order be issued?

1. Examination is being conducted in bad faith
2. Examination is being conducted in such a manner as to annoy, embarrass, or oppress the person subject to the inquiry.
3. When the inquiry touches upon the irrelevant facts
4. When the inquiry encroaches upon the recognized domains of privilege. (Republic v. SB, G.R. No. 90478, November 21, 1991)

Manner of taking depositions abroad

Depositions in foreign countries may be taken before:
1. Secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the Republic of the Philippines;(Sec.
11)
2. Person or officer as may be appointed by commission or foreign court or tribunal under letters rogatory; or (Sec. 11)
3. Any person authorized to administer oaths as stipulated in writing by the parties.(Sec. 14)
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Mode Deposition Deposition Pending Interrogatories to Request for Production or Physical and
of Before action Appeal Parties admission inspection of mental
Disco documents and examination
very things
Who A person A person desiring to Any party. who A party Any party + good
can desiring to perpetuate his own desire to elicit cause DIRECTED
avail perpetuate his or another’s material or relevant ONLY as against a
own or testimony fact party.
another’s
testimony
When Before action a. Appeal has been By leave of court – At any time after Always with leave In an action
Avail taken upon motion after issues has been of court WHERE
ed Of b. Before taking jurisdiction acquired joined (not mental or
appeal but OR when prisoner available before physical party
period not yet answer even if is IN
expired. Without leave of with leave) CONTROVER
c. NOT if court – mere notice SY,
certiorari after answer (inc. ad
d. Appeals from cautelam) is served
MTC/RTC/CA
Within 1 day from
receipt of complaint
(court order party to
avail WI). Parties
can use depositions
within 5 days from
filing of answer.
(AM 3-1-9)

WHE court of leave of court Court where action Court where action Court where action Court where
RE residence of WHICH pending pending pending action pending
filed any expected RENDERED THE
adverse party JUDGMENT

Scope Same as depositions a. Admission of Produce or permit

genuineness of inspection of:
Any material a. Documents
and relevant not privileged
document AND which
b. Truth of any contain
material or material
relevant fact evidence in
the possession
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Mode Deposition Deposition Pending Interrogatories to Request for Production or Physical and
of Before action Appeal Parties admission inspection of mental
Disco documents and examination
very things
or control of
another party
b. Permit entry
of any other
property or
land in his
possession or
control for
inspecting etc.
Use May be used in May be used in any Directed Only No obligation to
any action action involving the against ANOTHER present the
involving the same subject matter party. But use same evidence you
same subject and in accordance to as deposition. obtain.
matter and in use of written/oral
accordance to deposition
use of
written/oral
deposition
Meth a. VERIFIED a. Upon a. File and serve a. File and serve a. Upon motion a. Motu
od of petition in motion written written request b. Court may proprio
Availi Contents – with leave interrogatories after answer order OR on
ng subject b. Contents: to any party. (served to c. If documents – motion on
matter, names of b. Just prepare a party) must be good
expected persons to set of questions b. Addressed to described with cause
parties, he be to be answered the party particularity b. Notice to
expects to examined by other party c. Must attach and not a the party
be a party AND c. 15 days to the document blanket to be
but cannot reasons respond in to request request examined
bring for such writing and d. 15 days to d. Notice to other and
action now c. Court can sworn to respond in party specify
and order d. 10 days to writing and date, time
substance taking in oppose after sworn and scope
of same service. This e. 15 days to c. Order of
testimony manner as suspends time to oppose after court
b. Petitoiner deposition answer until service. d. Report of
serve pending resolution. f. FORM Of findings
notice to action Answer must
each be sworn to
person inc. and
adverse specifically
party deny OR set
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Mode Deposition Deposition Pending Interrogatories to Request for Production or Physical and
of Before action Appeal Parties admission inspection of mental
Disco documents and examination
very things
c. 20 days forth why he
before cannot
hearing truthfully deny
cause or admit those
notice to matters
be served
by court
d. Court may
order
either oral
or written
interrogato
ry
Effect a. Only 1 set of WI Any admission If party
s w/o leave made by a party if examined
b. >1 WI, must be for the purpose of requests copy
with leave pending action of
only. And not for examination:
any other purpose a. Other
and cannot be used party
in any other entitled to
proceeding request
reports on
Withdrawal of prior and
admissions made subsequen
allowed upon leave t LIKE
of court (motion to examinati
be relieved) ons
b. Waive
privilege
in that
action OR
any other
involving
same
controvers
y of every
other
person
who has
examined
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Mode Deposition Deposition Pending Interrogatories to Request for Production or Physical and
of Before action Appeal Parties admission inspection of mental
Disco documents and examination
very things
or may
examine
him.
Grou No request for:
nds to a. If it is issue of
Oppo case
se b. Irrelevant
matters
c. Opinion
d. Conc. Of law
e. Privileged
matter
f. Reiteration of
allegations in
complaint
Effect Failure to serve WI Failure to file Failure to of
of Not be compelled by request/serve not examined
Non adverse party be permitted to deliver prior or
Com a. to give present evidence subsequent
plian testimony in that reports:
ce open court or a. Material and
b. deposition in relevant AND a. Upon
appeal b. Ought to be in motion
c. UNLESS personal can be
allowed by court knowledge of required to
for good cause other party deliver it
c. UNLESS b. If fail to
Failure to answer allowed by deliver,
SOME court for good the
QUESTIONS in WI: cause testimony
a. No default yet, (prior or
can just compel Failure to sub report)
other party to answer/follow can be
answer form: excluded
a. Implied in trial
admission
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Thanks Clarence tiu for the following table!

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EFFECTS OF DEPOSITIONS AS SUMMARIZED BY
GSA:
• What is the effect of participation in deposition?
 No waiver of the right to object to its admissibility
 The act of cross-examining the deponent during the taking
of the deposition cannot, without more, be considered a
waiver of the right to object to its admissibility as evidence
in the trial proper. A party is not estopped from challenging
the admissibility of the deposition just because he
participated in the taking thereof
• What is the effect of using deposition?
 The rule is the introduction in evidence of the deposition or
any part therof for any purpose makes the deponent the
witness of the party introducing the deposition (Sec. 8).
 EXCEPTIONS:
o Where the party used the deposition to
contradict or impeach the testimony of the
deponent in court;
o When the deponent is an officer, director or
managing agent of the adverse party.
 What is the effect of substitution of parties and dismissal of
action on the right to use deposition?
 The rule is the right of a party to use deposition previously
taken before the substitution is binding on the substituted
parties (Sec. 5)
 When an action has been dismissed and another action
involving the same subject is filed between the same
parties, depositions taken in the former action may be used
in the latter as if originally taken therefor (Sec. 5)
 What is the effect of the failure to comply with the modes of
discovery
 The law imposes serious sanctions on the party who
refuses to make discovery (Republic v. SB, G.R. No.
90478, November 21, 1991), such as:
o Dismissing the action or proceeding or part
thereof, rendering judgment by default against
disobedient party, striking out all or any any part
of the pleading of the party – Failure of a party
to:
 Serve answers to written
interrogatories under Rule 25
 Appear before the deposing officer for
oral examination
 Comply with an order under Rule 27 to
produce any document for inspection,
photocopying or photographing
 Comply with an order under Rule 28
requiring him to submit to physical or
mental examination
 Comply with an order to answer
designated questions upon oral
examination or written interrogatory
 Contempt of court –
o Refusal of a witness to be sworn
o Refusal of a witness to answer any question
after being directed to do so by the court
 Arrest of the party or agent of the party –
o In lieu of other consequences under Sec. 3
when a party fails or refuses to comply with an
order under Rule 27 on production of document,
Rule 28 on physical or mental examination or
with an order to answer designated questions
 Payment of the amount of reasonable expenses incurred in
obtaining a court order to compel discovery, including
attorney’s fees – Failure of a party to:
o Serve answers to written interrogatories under
Rule 25
o Appear before the deposing officer for oral
examination
 Taking the matters inquired into as established in accordance
with the claim of the party seeking discovery – Failure of a
party to: o
o File a sworn answer to a Request for Admission
o Comply with an order under Rule 27 to produce
any document for inspection, photocopying or
photographing o
o Comply with an order under Rule 28 requiring him
to submit to physical or mental examination
o Comply with an order to answer designated
questions upon oral examination or written
interrogatory
 Refusal to allow the disobedient party support or oppose
designated claims or defenses or staying further proceedings
– Failure of a party to: o
o Comply with an order under Rule 27 to produce
any document for inspection, photocopying or
photographing
o Comply with an order under Rule 28 requiring him
to submit to physical or mental examination
o Comply with an order to answer designated
questions upon oral examination or written
interrogatory
MODES OF DISCOVERY
 4 Modes of Discovery
1. Depositions pending action (Rule 23)
2. Request for admission by adverse party (Rule 26)
3. Motion for production of documents or inspection
of things (Rule 27)
4. Physical and Mental Examination of Persons
 No objection based on the fact that it is a “fishing
expedition” (Ong v. Mazo)
 Orders regulating discovery procedures are NOT appealable
(Riguerra page 423)
 Discovery procedures are not limited to pre-trial stage. It
only requires leave of court upon due application showing
due cause. (Eagle ridge, v. Cameron 2014)
 When can depositions be used without the deponent
actually being called to the witness stand?
o Impeaching or contradicting the testimony
o Depositions of a party – for an purpose
o Deposition of a witness – if DOSUE (Dead, Out of
the PH (or more than 100km) , unable to Subpoena,
Unable to testify due to Sickness, Exceptional
Circumstances)
 FOR BAR PLEASE READ (Ng Meng Tam v. China
Bank, 2015)
o For adverse party and hostile witnesses, the
application of modes of discovery is sufficient and
they need not comply with Sec. 5 of the JAR.
RULE 23 Depositions Pending Actions
 Who can take depositions
1. In the Philippines
a. Any judge
b. Notary public, or
c. Person authorized to administer oaths
stipulated and agreed upon in writing by
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parties cross
2. Abroad 3. To serve recross-interrogatories: within 3 days from
a. Secretary of an embassy/legation, consul receipt of re-direct (recross not mandatory)
general, consul, vice-consul or consular
agent  When should objections be made to a deposition?
i. Dulay v. Dulay – leave of court 1. As to competency or relevancy of testimony
not required for them AND a. When it is being offered in evidence
when the answer is served b. Not waived when not raised at time of taking
b. Person appointed by a commission except when the objection could have
or under letters rogatory removed such ground if presented at that time
i. Commission – issued by the (TEST: is there an opportunity to cure?)
court as a directive to an official 2. As to form of notice and disqualification of officer
of the Philippines authorizing a. Waived unless written objection is promptly
him to take deposition of served upon the party giving notice. Made
witness before the start of the taking of deposition or
ii. Letters Rogatory – requests to as soon as it becomes known or discovered
foreign tribunals to give its aid in with reasonable diligence
securing the desired information
 All objections to errors and irregularities are waivable,
• There can be substantial except: objections to competency or relevancy of evidence
compliance (i.e. taken before during taking, unless ground is one which might have been
notary abroad) if judicial removed if presented at that time
officer refused to entertain 1. Based on grounds under section 29, the party may file
petition (dulay v. Dulay) a motion to suppress the defective deposition.
c. Person authorized to administer oaths
stipulated and agreed upon in writing by  Sec 29 grounds:
parties SECTION 29. Effect of errors and irregularities in depositions.
 Who are disqualified to be deposition officers, must  a. As to notice.
raise objections before taking or as soon as  b. As to disqualification of officer.
disqualification if known or could be discovered with  c. As to competency or relevancy of evidence. .
reasonable diligence (waivable)  d. As to oral examination and other particulars. - Errors
and irregularities occurring at the oral examination in
1. Up to 6th degree of consanguinity or affinity the manner of taking the deposition, in the form of the
from party, or employee/counsel of party questions or answers, in the oath or affirmation, or in the
2. Up to 6th degree of consanguinity or affinity from conduct of the parties and errors of any kind
counsel, or employee or counsel  e. As to form of written interrogatories. - Objections to
3. One financially interested in action the form of written interrogatories submitted under
Sections 25 and 26 of this Rule
 How to oppose taking of deposition  f. As to manner of preparation. - Errors and irregularities
1. By written motion by the party or the person to be in the manner in which the testimony is transcribed or
examined the deposition is prepared, signed, certified, sealed,
2. For good cause shown indorsed, transmitted, filed, or otherwise dealt with by
the officer under Sections 17, 19, 20 and 26 of this Rule
 Grounds to oppose (same as in motion to terminate
or limit examination)
1. Protect party or witness from annoyance, RULE 24 Depositions Before Action (no case yet) or Pending
embarrassment, or oppression Appeal
2. Or that what is sought is irrelevant in action  Perpetuation of Testimony
 If before action, file at the place of residence of any
 Exceptions to rule that deposition must be signed by expected adverse party
witness, in which cases officer will sign instead:
1. Parties stipulated waiver of signing  Contents
2. Witness is ill 1. Petitioner expects to be a party to an action in court
3. Witness can’t be found, or but is presently unable to bring it
4. Refuses to sign 2. Subject matter and his interest therein
3. Facts he desires to establish by proposed testimony
 Periods for written interrogatories and reasons for desire to perpetuate
1. To serve cross-interrogatories: within 10 days from 4. Names or description and addresses of expected
receipt of notice adverse parties
2. To serve re-direct: within 5 days from receipt of 5. Names and addresses of persons to be examined
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 Serve notice at least 20 days before date of hearing
RULE 25 Interrogatories to Parties
 To parties only
 One set of questions to be answered
 Periods to file:
1. Answer: within 15 days after service
2. Objections: within 10 days after service of
interrogatories, with notice
 Can file more than one set of interrogatories to be
answered only with leave of court
 Effect of failure to answer specific questions:
o Proponent must first move to compel other
party to answer, if to no avail,
o Default
RULE 26 Admission by Adverse Party
 File written request after answer/issues joined for
admission of:
1. Genuiness of any material and relevant document
described, or
 Truth of any material and relevant matter of fact set
forth in request Deemed admitted unless denied
within period designated in request, which shall not
be less than 15 days after service of request
 Relevant periods:
1. To answer (must be under oath): within 15
days, unless upon motion, extended by court
2. To oppose: within 15 days
RULE 27 Production of Inspection of Documents or Things
 What to file: motion with notice
 What is applied for:
1. Production and permission to inspect
tangible things (describe with particularity)
2. Permit entry into a place under control of other
party and allow inspections
 Documents should
1. Not be privileged
2. Contain or constitute evidence material to
any matter involved in the action
3. Documents are in possession, custody or control of
the other party
 Trade secrets are PRIVILEGED information.
 A stock and transfer book can be examined via a
motion for production. (Insigne v. Abra, 2015)
RULE 28 Physical and Mental Examination of Persons
 When physical or mental condition of a party is in
controversy in a pending action, examination by
physician
 Court can issue motu propio (only mode where court
can do so) or on motion
 For good cause and with notice
 Consequence if copy of exam is given to requesting party
o Waiver of privilege in that action or any
other involving same controversy, regarding
the testimony of every other person who has
examined or may thereafter examine him
o Other party can now also ask for results of
previous or subsequent examinations
RULE 29 Refusal to Comply with Modes of Discovery
 Refusal to answer the question or interrogatory
o If without cause - may require deponent
to pay proponent’s expenses
o If with cause – may require proponent
to pay deponent’s expenses
 Contempt (direct)
o Refusal to be sworn, or
o Refusal to answer a question after being
ordered to do so by the court
 Upon refusal to comply with an order:
1. Contempt
2. Dismissal of case (if refusal by plaintiff)
3. Judgment by default (if refusal by defendant)
4. Pleading stricken out
5. In lieu or in addition to all those mentioned, can order
arrest
a. Except if based on refusal to submit to a
physical or mental examination
 Refusal to appear or fail to serve answers to
interrogatories (order not necessary since more blatant)
1. Dismissal of case (if refusal by plaintiff)
2. Judgment by default (if refusal by defendant)
3. Pleadings stricken out
4. Pay reasonable expenses
 Expenses and attorney’s fees not to be imposed upon
Republic under this rule
RULE 30 Trial
 Parties must receive notice from clerk of court at least
5 days before date of trial
 May adjourn but in no case shall be for a longer period
than one month for each adjournment nor more than 3
months in all
o Exception: authorized in writing by Court
Administrator of the SC
 Grounds for postponing (not exclusive)
1. Absence of evidence
a. Evidence material or relevant, and
b. Could not be produced despite due diligence
2. Illness of a party/counsel
a. Presence of either is indispensible at trial
b. Character of illness renders non-
attendance excusable (appear in an
affidavit or sworn certification)
 Order of Trial (can be reversed if there is an affirmative
defense)
1. Plaintiff adduces evidence
2. Defendant adduce evidence in support of
defense, counterclaim, cross-claim and 3rd
party complaint
3. 3rd party defendant adduce evidence
4. 4th party, and so forth adduce evidence
5. Parties against whom any counterclaim/cross-claim
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has been pleased adduces evidence
6. Parties respectively adduce rebutting evidence only
a. Unless court for good reasons permits to
adduce evidence on original case
7. Admission of evidence, deemed submitted for
decision
a. Unless court directs parties to argue or
submit respective memoranda/pleadings
 Judge personally receives evidence. Instances when
clerk can receive:
1. In default proceedings
2. Ex parte hearing (unless imbued with public
interest like adoption) (Hearing for MTD is NOT
ex parte)
3. Parties agree in writing (no power to rule of
objections)
 Judgement can be had upon stipulation of facts except in
annulment and legal separation cases.
 You can submit the case for judgment even without full
trial
RULE 31 Consolidation or Severance
 Consolidation – join pending actions involving
common questions of law or fact
o Cases will be consolidated in court having the
case with the lowest docket number (filed first)
 In what sense is consolidation used?
1. Quasi-consolidation- all other actions are stayed
2. Actual consolidation – several actions are merged into
one
3. Consolidation for trial – ordered to be tried together
but still the cases are separate and require different
judgmetns.
 Separate trials, when allowed
o In furtherance of convenience or
o To avoid prejudice
RULE 32 Trial by Commissioner
 Reference by consent: both parties give written consent
to appoint commissioner to be agreed upon parties or
appointed by the court
 Reference on motion or motu propio (no consent)
1. Case requires examination of a long account
2. Taking of account necessary for court’s
information for it to render judgment/execution
3. There’s a question of fact, other than upon pleadings,
arising from motion or otherwise
 Commissioners mandatory in expropriation
cases (just compensation), and permissible in
partition
 Powers of commissioner outlined in order of reference and
can
1. Issue subpoenas and SDT
2. Swear in witnesses
3. May rule on admissibility of evidence
 If parties fail to appear before commissioner: may
proceed ex parte or adjourn at his discretion
 Relevant periods:
o First meeting with commissioner: within 10 days
after
date of order of reference
o Object to commissioner’s report: within 10 days
after
notice of findings
 Court’s actions after hearing on report of commissioner:
1. Adopt, modify or reject report in whole or in part
2. Recommit it with instructions
3. Require parties to present further evidence
before commissioner or court
RULE 33 Demurrer to Evidence
 Demurrer to Evidence – motion to dismiss on
ground of insufficiency of evidence. On ground that
the facts and law the plaintiff has shown no right to
relief. Ground: Insufficiency of Evidence
1. The "facts" referred to in Section 8
should include all the means
sanctioned by the Rules of Court in
ascertaining matters in judicial
proceedings. These include judicial
admissions, matters of judicial notice,
stipulations made during the pre-trial
and trial, admissions, and
presumptions, the only exclusion being
the defendant's evidence. (Casent
Realty v. Philbanking, G.R. No.
150731, September 14, 2007
2. Even defendants evidence can be a basis of
DTE such as when plaintiff fails to deny an
actionable document
 When to apply:
o Civil cases – after plaintiff has completely
presented his evidence/after formal offer of object
of evidence (can be without leave)
o Criminal cases – after prosecution rests its case
 Ground: upon facts and law, plaintiff has shown no right
to relief
 Movant cannot give evidence to support his motion to DTE.
Only judicial admission, stipulations, and matters of judicial
notice are to be included.
 Leave of court not necessary
 Effect of DTE:
o If denied – defendant can present evidence
(interlocutory only)
o If granted but reversed on appeal – defendant
deemed to have waived the right to present
evidence (CA CANNOT even say that defendant
can present evidence) xx`
o Grant is considered an adjudication of merits
 Implications of grant of DTE
o Civil – losing party has to file an appeal
o Criminal - losing party can’t appeal since
deemed as an acquittal
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Judgement on the Summary  Partial judgment is allowed
Pleadings Judgment 1. Partial judgment is not appealable separately from the
Based on Solely on Pleading Pleadings, judgment of the entire case.
affidavits, 2. No execution on partial summary judgment since it
depositions awaits the disposition of entire case (Province of
Grounds Fail to tender issue no genuine issue as Pangasinan v. CA GR 104266) PLEASE CHECK.
or admit material to a material fact,  If filed affidavit in bad faith, may require
allegation except as to party/counsel to pay expenses and may adjudge
amount of guilty of indirect contempt
damages (i.e. there
is still an issue) Judgement on Pleadings Summary Judgment
Can motu No, only upon Fail to tender an issue not even Sham or no genuine issue
proprio? motion a defense or admit material
Notice 3 day notice rule 10 day notice allegations
Prayed for by Claimant Claimant and
defendant • A was the lessor of B. B subleased the premises without permission
from A. A padlocked the premises to prevent B and sublessees from
entering. B filed a case for damages. A filed an Answer alleging that
the proper interpretation of the contract disallows a sublease. Is this
RULE 32 Judgment on the Pleadings proper for Judgment on the Pleadings? A: Yes. The only issue was
 Based solely on the pleadings as to the interpretation of contract (Sunbanun v. Go, 2 February
2010)
 When it can be availed (no issue at all): • BAR! A was the lessor of B. During the term of the lease, B
1. Answer fails to tender an issue, (admitted but preterminated the contract and vacated the premises. A claimed that
failed to raise an affirmative defense) or the lease agreement does not provide for pre-termination and filed a
2. Answer admits the material allegation of the case for damages. B filed an Answer admitting that he had vacated
and argued that based on the Civil Code, he could preterminate the
adverse party’s pleading lease because of a change in the circumstances. Is JUDGMENT on
 Other instances for judgment on pleadings the PLEADINGS still proper?
1. Summary procedure when defendant fail to answer
complaint (motu proprio or motion) A: YES. A judgment can be based exclusively upon the allegations
appearing in the pleadings of the parties and the accompanying
2. Defendant declared in default
annexes. The defense which is based on an interpretation of law can
3. During pre-trial if there is valid ground be resolved through a review of the pleadings. (Comglasco v. Santos
4. Non-compliance or refuse to answer mode of Car Check, 25 March 2015).
discovery.
• A failed to pay B insurance premium for one quarter. B sued A for
5. Or when there are sham defenses (Comglasco v.
collection of unpaid premiums. A raised in its Answer the defense
Santos, 2015) that collection is not proper because legally, the effect of nonpayment
 Must be done on motion of a party is that the insurance/reinsurance contracts becomes ineffective.
 Not available in cases of: Hence, there is no cause of action for collection. A claimed asked for
Judgment on the Pleadings. Proper?
o Declaration of nullity of marriage
o Annulment of marriage or A: Yes. The answer depended solely on the legal interpretation of the
o Legal separation effect of non-payment of an insurance premium. This can be
 When to file: resolved based on the pleadings and an interpretation of the
applicable law. (GSIS v. Prudential, 20 November 2013)
o If plaintiff – after answer
o If defendant on counterclaim – any time • Napocor and a private individual, A, entered into an agreement in
connection with Napocor’s use of a portion of the property for
RULE 35 Summary Judgments transmission lines and towers. After Napocor had entered into the
property, A discovered that Napocor paid his neighbors a higher
 Availed of when no genuine issue as to a material fact, amount per square meter. Thus, A filed a case for rescission of
except as to amount of damages (there’s an issue but contract and damages. B filed an Answer claiming that the proper
fictitious, ostensible or a sham) amount had already been paid. Proper for Summary Judgment?
1. Examples: Tort case where negligence was
A: Yes. “What remained for the determination of the RTC was the
admitted.
proper amount of damages due the respondents for the portions of
 When to file: their lots taken by the petitioner.” (NAPOCOR v. Vda. De Capin, 17
o Claimant: after answer has been served October 2008
o Defendant: any time
 Can use in any action except annulment, declaration RULE 36 Judgments, Final Orders and Entry Thereof
of nullity of marriage or legal separation  Requisites of judgment
 Material dates: 1. In writing
o Time to serve motion: at least 10 days 2. Personally and directly prepared by judge
before time specified for hearing 3. Stating clearly and distinctly facts and law as basis
o Time for adverse party to serve opposing 4. Signed by judge
affidavits: at least 3 days before hearing 5. Filed with clerk of court
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 Judgments are immutable and can’t be modified
once final and executory. Except:
1. Nunc pro tunc (judgment doesn’t speak truth)
• Carried only for purposes of placing in record
the judicial action.
2. Clerical/typo errors
3. Void judgments
4. Those that transpire after finality which make
enforcement unjust or inequitable
5. Judgments which don’t obtain finality (like support)
 Date of finality of judgment is the date of entry in
book of entries of judgments
1. Start of 6 month period for petition for relief
2. 5 year period for motion for execution
3. 10 year period for revival of judgment
 Judgment sin perjucio – judgment without statement
of facts in support of its conclusions. Void judgment.
 Memorandum judgment – rendered by appellate
court which adopts the findings of lower court. But it
cannot incorporate the decisions via a remote
reference it should provide for direct access to the
facts of the law to be valid.
 Requisites of a valid judgment
1. Have jurisdiction over the subject matter
2. Indispensable parties have been impleaded
 Separate judgment – against one or more but not all
of the defendants.
1. Court has discretion on whether or not to stay or
execute it.
2. GR: not appealable unless court allow it
 Partial summary judgment is an interlocutory order
and cannot be appealed
 The dispositive portion of the decision
merely denied the complaint. Though the
Court stated, as its reason, the existence of
the southern pathway, that was an issue in
the case and hence not part of the
dispositive portion. (Obra v. Badua, 9
August 2007) – cannot execute what is
NOT found in the dispositive portion
 Even a dismissal of a case for failure to
prosecute must comply with the
requirements that the same clearly state the
facts and law upon which it is based.
(Shimizu Philippines Contractors v.
Magsalin, G.R. No. 170026, 20 June 2012)
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Before judgment becomes final Post-Judgment Remedy

Motion for Reconsideration Motion for New Trial Petition for Relief of
judgment (R38)
Where Filed Court which rendered judgment or final order Court which rendered
judgment or final order against only) in an INDEPENDENT
MTC/RTC AND IN THE
SAME CASE.
Period to File Period of taking an appeal (15 days or 30 days from receipt of within 60 days from
decision) knowledge of decision but no
more than 6 months from
entry of judgment
Petition for Annulment (R47)
Next level court (CA or RTC
case.
Fraud – 4 years from discover
DP and LoJ- until barred by
laches or estoppel

Extension None except in SC Not allowed

How to file Point out specifically the 1.Verified petition 1. Verified
findings or conclusions which 2. CNFS 2. CNFS
are not support or contrary to 3.Affidavit of merit 3. Affidavit of merit
law. 4. Certified true copy of
judgment
5. 7 clearly legible copies

Grounds 1. Evidence insufficient to 1. FAME – if ground is FAME 1. Extrinsic Fraud

justify decision or final FAME, affidavit of 2. Due process
order merit (under oath) is Violations
2. Decision or final order is necessary 3. Lack of jurisdiction
contrary to law 2. Newly discovered evidence (SM/Person)
3. Damages awarded are a. Couldn’t have
excessive been discovered
and produced at
trial with
reasonable
diligence
b. Material
c. If presented, would
probably alter
result
d. Supported by
affidavit of witness
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or duly
authenticated
documents

Effect of Filing Interrupts period to appeal Prescriptive for refiling

Effect of Grant Amend the judgment. Trial de novo. Original judgment If petition for denial of an
is vacated appeal- give due course as if a
timely appeal was filed
If against judgment- deemed
as if judgment was never
rendered. Proceed as if timely
MNT or MR had been granted
original of the action shall be
deemed suspended unless
extrinsic fraud attributable to
plaintiff in original action.
1.Annuls the judgment
rendered (it CANNOT replace
it) OR as if a new MNT was
granted (if extrinsic fraud)
2.Can refer reception of
evidence to RTC judgment or
CA member.

3.May include other relief and

damages can order restitution.

Effect of Denial Fresh period rule (Neypes ruling) – after denial, given a fresh judgment stands Can be dismissed OUTRIGHT
period of 15 days to appeal (applies to all Petition for Review,
except if with SC since inherent in its rules)

NOT subject to petition for certiorari (rule 41)

Filing of a second motion GR: Not allowed. But Allowed only on a ground not N.B. availed by parties ONLY N.B. availed by ANY party
sometimes allowed in SC. existing or available when
first motion was made

Partial consideration Allowed. MR only affects such

part of judgment.
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RULE 37 New Trial or Reconsideration
 Period to file: 15 days from receipt of decision
o A pro forma motion will not toll
reglamentary period of appeal
 FAME
1. Extrinsic Fraud
2. Accident- fortuitous event
3. Mistake- made in good faith. Mistake of party’s
counsel is NOT a ground.
4. Excusable negligence
 Affidavit of Merit ; Contents
1. Nature and character of FAME
2. Facts constituting the defense
3. Evidence he tends to present
 Requirements of a valid motion
1. Relief
2. Grounds
3. Supporting affidavits
4. Notice of hearing
 MNT in appellate courts
o CA – yes, with different rules.
• Only ground is newly discovered evidence
• Period to file: as long as case is active
o SC – generally no. Matter of discretion
 When is MR/MNT prohibited? (ISES)
1. Intra corporate disputes
2. Small claims
3. Ejectment cases
4. Summary procedure
 When is MR conditions precedent for taking an
appeal? (CLAN)
1. Custody of minors, legal separation,
annulment, nullity of marriage.
 Period to decide: within 30 days from time
submitted for resolution
 Remedy if denied: not appealable. Can only appeal
from the judgment
 Motion to clarify – does NOT interrupt prescriptive
period, it is NOT an MR.
 Motion for reopening of trial – made before or after
judgment and ONLY for paramount interests of
justice.
RULE 38 Relief from Judgments, Orders, or Other
Proceedings
 2 Kinds of petition for relief
1. From judgment, order or other proceedings
2. From denial of appeal
a. If FAME is not the ground, file an MR
and if denied, file under Rule 65
 Grounds for both: FAME
 File petition before the court that rendered judgment
 Only parties in the proceedings can file this petition, if
not a party then file under Rule 47
1. If in rem – anyone with a legal interest
 When to file: within 60 days from knowledge of
decision but no more than 6 months from entry of
judgment
o Can file only after entry of judgment
o Can only file when there are no available relief.
 Period to answer petition for relief: 15 days from receipt
 Court can grant a preliminary injunction during
petition but petitioner must file a bond
 NOT available against judgment of court of appeals
(Mesina v. Meer)
 NOT available if already filed for motion for new
trial.
 NOT available in summary procedure
 Contents of Petition:
1. Affidavit of merit
2. Facts showing petitioner’s good and substantial
cause of action or defense.
RULE 47 Annulment of Judgments or Final
Orders and Resolutions
 DOES NOT APPLY TO CRIMINAL CASES (People v.
Bitanga, 2007)
 Annulment by:
o CA over RTC, or
o RTC over MTC
o No similar provision for SC
 Not an appeal but an original action since already lost
opportunity to appeal = last remedy
 File with the higher court
 Grounds for annulment
1. Extrinsic fraud
2. Lack of jurisdiction
3. Violation of Due Process
a. In actions in rem where judgment was rendered
against a person not served with summons
(Chaves v. Philippine Countryside, 2007)
 Who can file
1. ANY PERSON who has valid grounds.
2. NEED NOT be a party
 Limitations of higher court
1. Can’t resolve merits of case
2. Can’t substitute its own findings
 Annulment is without prejudice and be filed
 Extrinsic fraud Not available if already availed of OR
COULD HAVE BEEN AVAILED OF.
1. MNT
2. Appeal
3. R38 Petition for relief
4. OR other appropriate remedy
 If not due to the fault of plaintiff it is available such as
through GROSS negligence of the counsel and was not due
to the fault of the party and if it is in the interest of justice
(Diona v. Balangue, 2013- DEL CASTILLO case)
 No defense of res judicata since it challenges the validity of
the first judgment
 SC cannot annul judgment of CA
 NOT a remedy against decisions of Quasi-judicial agencies
 It is the CA and NOT the RTC that has jurisdiction over
decisions of the CFI (now RTC)
 If prima facie merit – summons be served on defendant
 FOLLOW rules of Ordinary civil cases (subject to the
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exceptions in the table above under Effect of Grant)
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Ordinary Appeal R40 Ordinary Appeal Petition for Petition for Review Petition for Review
R41 Review R42 (not R43 on Certiorari R45
a right)
Where Filed Court that rendered judgment or final order In The Appellate Court
Appeal From MTC RTC exercising RTC exercising QJ Agencies in 1. RTC exercising
What Court ORIGINAL APPELLATE exercise of QJ Original
jurisdiction Jurisdiction functions Jurisdiction
2. CA
3. Sandigan bayan
4. CTA en banc
Appeal to which RTC over Area CA CA CA SC
court
Period to File from notice of judgment of ALL parties counted from last party who 15 days from notice within 15 days within 15 days
got it. of the decision from notice of from notice or
sought to be judgment or date denial of MR or
Notice of Appeal – within 15 days reviewed or from of its publication MNT.
Record on Appeal – within 30 days denial of MR/MNT if required by
Habeas Corpus – 48 hours law for its 48 hours if habeas
effectivity. Or corpus
Interrupted by MR/MNT and NO extension for MR/MNT From notice of
denial of 5 working days if
MR/MNT amparo or habeas
data

Extension Notice- no extension of period 15 days upon proper motion and full 30 days upon
payment of docket fees before expiration of motion, payment of
Record- no extension except when there’s an authorized alteration or reglamentary period fees, and before
modification of the record expiration of
reglamentary period
Second Extension Not Allowed Generally No, except for most compelling NO
reason. Not exceed 15 days
How to File Pay the Docket fees in Court that rendered judgment. Verified petition, pay docket fees, 500 as Same as Rule 42
Timely file a notice/record of appeal deposit for costs and furnish adverse party and 43 but can
with copy of petition include WPI or
other Provrem
(verified motion if
filed separately)
Grounds 1. Fact 1.Fact 1. Fact Law only
2. Law 2.Mixed 2. Law Except: Amparo,
3. Mixed 3. Mixed Habeas Data,
Jurisprudential
exceptions.
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Ordinary Appeal R40 Ordinary Appeal Petition for Petition for Review Petition for Review
R41 Review R42 (not R43 on Certiorari R45
a right)
Perfection of Notice of Appeal – perfected upon filing As to Petitioner:
Appeal Upon filing of
Record on appeal – Perfected upon approval of record petition AND
payment of fees.
Effect of Filing GR: Execution is stayed GR: Appeal shall GR: shall NOT stay CHECK: execution
E: stay the judgment or the award or is stayed
final order judgment.
1. Execution pending appeal
2. In cases where order is immediately executory E: E: CA orders that it
a. Injunction. Receivership. accounting, support 1. Summary be stayed
b. Forcible entry, unlawful detainers and judgment against procedure (civil
defendant cases)
2. Execution
pending appeal
How decided Based on Entire Records of proceedings and such Assignment of Assignment of Assignment of
memoranda S7R40 Errors Only Errors Only Errors Only
Can appellate GR: No, but sometimes Yes. GR: No, but Yes Yes Yes
court dismiss it sometimes Yes.
outright?
Grounds for (motu propio or on motion) 1. Failure to comply with Formal requirements
dismissal 1. Appeal taken out of time, or 2. Non-payment of docket fees
2. Non-payment of fees within period 3. Appeal taken out of time
3. NOTE that for Rule 41, any unauthorized alteration or omission of 4. Finds it patently without merit
the record on appeal shall be ground for dismissal of appeal. 5. Prosecuted for delay
6. Questions raised Too Unsubstantial to require consideration
Residual Before Transmittal of original record or record of appeal. The Lower Before CA gives
Jurisdiction court has jurisdiction to: due course to the
1. Issue order for protection and preservation of rights petition, RTC can:
2. Approve compromise
3. Permit appeal of indigent litigants 1. Issue order for
4. Order execution pending appeal S2 R39 protection and
5. Allow withdrawal preservation of
rights
2. Approve
compromise
3. Permit appeal of
indigent
litigants
4. Order execution
pending appeal
S2 R39
5. Allow
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Ordinary Appeal R40 Ordinary Appeal Petition for Petition for Review Petition for Review
R41 Review R42 (not R43 on Certiorari R45
a right)
withdrawal
When does 1. Upon perfection of appeal (if notice) OR approval (if record) AND RTC lose
LOWER court 2. Expiration of time to appeal by other parties jurisdiction upon
lose jurisdiction perfection of appeals
AND expiration of
time to appeal of
other parties.
Pay docket fees to Court that rendered judgment CA. CA. but Can be
whom exempt from docket
fees upon verified
motion + set forth
the grounds.
Rule 40
• RTC is NOT bound by assignment of errors.
• Fail to file brief, dismissal is mandatory
• MTC did not do trial + granted motion to dismiss – if RTC affirms
dismissal on ground of no jurisdiction – RTC should try it as if
ORIGINAL CASE
• MTC did trial + dismiss on jurisdictional ground – RTC affirmed no
jurisdiction, the RTC will have to decide it as if it was filed directly
before it.

o ff
o
Rule 41
• Fail to file brief, dismissal is NOT mandatory
• If to CA there is a need of Non forum shopping
• Valdez v. Sierra – order denying execution can be appealed

Search Warrant
• Private party can appeal – since no crim case yet
• Denial of search warrant – final order since no crim case yet
• If there is already a crim case – even if it is by certiorari- the OSG should appeal and not the private party (GSA) this is in contrast with riguerra.
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Jurisdiction over appeals
 RTC
o Over MTC in their territorial jurisdiction
o Decided based on entire record of proceedings
 CA
o Over RTC in original/appellate jurisdiction
o EoJ for annulment of RTC judgments
o R65 C/P/M, habeas corpus, quo warranto and
auxiliary writs
o Exclusive appellate jurisdiction over RTC/Quasi-
Judicial Agencies/SEC/SSS/ECC/CSC
 SC can review orders of lower courts in:
o Constitutionality or validity of
 treaty, international or executive
agreement,
 law, proclamation, PD
 Order, Instruction
 Ordinance or Regulation
o Legality of tax, impose, assessment, toll, or penalty
o Jurisdiction of any lower court in issue
o Criminal cases where penalty is RP or higher
o ALL cases if only Question of Law.
Appeals in General
 Not part of due process since only a statutory right
 NOTE in Rigerra (p587)
o Matter of right – ordinary appeal, can be
compelled by mandamus
o Not matter of right – R42,R43,R45
 Neypes ruling applies only to Rule 41
o Under rule 42,43,45 – always accorded a 15
day period (Rodriguez v. People, 2012)
 Orders that are NOT appealable (R41 S1)
o Denial of MNT/MR
o Denial of Petition for relief or similar judgment
o Interlocutory orders
o Denial of appeal
o Denying of motion to set aside a judgment by
consent, confession, or compromise on FAME
o Separate judgment while main case is pending
unless court allows appeal
o Dismissal of action WITHOUT prejudice.
 If you cannot appeal, the remedy is
o R65 based on GADLEJ EXCEPT denial of MR
or MNT (AM 07-7-12-SC)
 Exceptions to final judgment rule is when it completely
disposes of a particular matter in a case – such may be 5.
appealed. Examples:
o Expropriation order in expropriation case
o Partition order in partition case
 GR: can only consider those stated in “assignment of
errors”; Exceptions:
o Criminal cases- whole case is open for review
o Jurisdiction over subject matter
o Error affecting validity of judgment OR
proceedings
o Closely related to the assigned errors +
properly argued in brief
o Clerical error
 Docket fees
o Mandatory and Jurisdictional
o Ground for DISCRETIONARY dismissal of
appeal
RULE 40 Appeal from MTC to RTC
 Where to appeal: file notice and record of appeal with
the court that rendered decision
 Appeal from order dismissing case without trial due to
lack of jurisdiction
1. If RTC has jurisdiction – try the case on merits as if it
was originally filed with it.
2. If MTC has jurisdiction – refer it back to the court
3. If RTC has jurisdiction + MTC has no jurisdiction +
MTC conducted trial on merits – RTC decide on case
but can admit amended pleadings and evidence
 Contents of Notice of Appeal (Apply to R40&R41)
1. Indicate parties
2. Judgment or final order appealed from
3. Material dates showing timeliness of appeal
4. Pay docket and other lawful fees
 Contents of Record of Appeal (Apply to R40&R41)
1. Full names of parties
2. Include judgment or final order
3. Copes of related pleadings, motions, interlocutory
orders
4. Data that appeal perfected on time
5. Include by reference of evidence if there is an issue of
fact
 15 days for MTC clerk to transmit original record to RTC
 Procedure in RTC (Rule 40 only)
1. Upon receipt of complete record or record on
appeal, clerk shall notify parties
2. File appellant’s memorandum within 15 days from
notice of receipt of records
3. File appellee’s memorandum within 15 days from
receipt of appellants memo
4. Upon filing of memos or upon expiration of period to do
so - Case considered submitted for decision
6. RULE 41 Appeal from RTC
 RTC as court of original jurisdiction
o If RTC acting as a Special Agrarian Court –
petition for review to CA (CARL)
o Acting as a Commercial Court – petition for
review to CA (2005 SC Circular)
 Subject of appeal:
1. Judgment or final order that completely disposes of the
case, or
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2. Particular matter when declared by Rules to be
appealable.
 Prohibited appeals: (can file under Rule 65 instead)
1. Order denying petition for relief of judgment
2. Interlocutory order
3. Order disallowing or dismissing appeal
4. Denying motion to set aside judgment based on any
ground vitiating consent
5. Order of execution
6. Judgment against one or more several parties or in
separate claims while main case is pending unless
court allows
7. Dismissing an action without prejudice
 Must not involve issues purely of law
 Record on Appeal (Apply to R40&R41) – sequential
compilation of pleadings, orders etc. of judge. Requires
approval. Usually required in case of multiple appeals or
a special proceeding since records are in a different
court
o Period to file objection: within 5 days
o If court orders amendment of record, amend
within 10 days
o Extension only allowed if court orders
amendment
 Payment of docket fees – court that rendered judgment
 Duty of clerk of lower court upon perfection of appeal:
1. Verify correctness and make certification
2. Verify completeness of records to be transmitted
3. If incomplete, take measures to complete
4. Stenographers give 5 copies of transcripts to CoC
5. Transmit records. If incomplete, give reasons and
steps taken to complete (within 30 days from
perfection of the appeal)
RULE 44 Ordinary Appealed Cases (Procedure in CA)
 Note that rule 44 governs the PROCEDURE FOR RULE
41. HENCE I am putting it here – hofi.
 Material dates
o Original record or record on appeal within 30
days after perfection of appeal. IF fail to
transmit, a party can file a motion to do so. If
complete record cannot be transmitted due to
extreme difficult causes, CA can declare that the
available records are sufficient to decide the
case.
o Appellant files approved record within 10
days from receipt of notice of docketing of
case. Case is docketed upon receipt of
original record and documents as well as
proof of payment
o Appellant’s brief – file within 45 days from
receipt of notice that all evidence are attached
to record
• 7 copies
• Proof of service of 2 copies to appellee
o Appellee’s brief – filed within 45 days from
receipt of appellant’s brief, same number of
copies required
o Appellant’s reply brief (not required) – 20 days
o Extension for filing of briefs not allowed except:
• For good and sufficient, and
• Motion for extension filed before expiration of
time sought to extend
o In certiorari, prohibition, mandamus, quo
warranto and habeas corpus cases, file memoranda
– within 30 days (non-extendible)
 Cross appeal – both parties appealed
 Contents of appellant’s brief
1. Subject index
2. Assignment of errors
3. Statement of case
4. Statement of facts
5. Issues
6. Arguments
7. Relief prayed for
8. Appendix (copy of judgment)
9. Contents of Appellee’s brief
10. Subject index
11. Statement of Facts/Counter-statement of facts
12. Arguments
 Contents of the appellee’s brief
1. Subject index
2. Statement of facts + Point out insufficiencies and
inaccuracies
3. Argument for each assignment of errors
RULE 42 Petition for Review from RTC to CA
 2 Kinds of petition for review (verified)
1. Rule 42 (MTC to RTC to CA)
2. Rule 43 (quasi-judicial agencies)
 Applies to cases when RTC acted in appellate jurisdiction
 File verified petition with the CA, pay docket fees and
P500 for costs within 15 days from notice of decision
o Can be extended for an additional 15 days
o No 2nd extension except of the most compelling
reasons and shouldn’t exceed 15 days
 Content of Petition (STRICT compliance- ground for
dismissal)
1. Full names of parties (don’t implead original court)
2. Specific material dates
3. Statement of matters involved and arguments
4. Clearly legible duplicate originals or copies of
judgment of lower court
5. Certificate of non-forum shopping
6. Proof of payment of docket fees
7. Serve copy of petition to adverse party and original
court
8. File in 7 copies
9. If filing/service is not personal, include explanation
 CA can require respondent to file a COMMENT and NOT a
motion to dismiss
 Contents of comment of respondent
1. Whether he accepts statement of matters involved
2. Point out insufficiencies or inaccuracies
3. State reasons why petition shouldn’t be given due course
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 Material Date rule: Must attached an affidavit
containing the material dates such as date of receipt of
decision, date of filing of MR or denial of MR.
 Important dates:
1. Respondent file a comment (not a MTD) – within 10
days from notice of order
2. Clerk elevates original record if deemed
necessary – within 15 days from notice of such
order.
3. Submit memoranda when required (memoranda
MAY be required after petition is given due course)–
15 days
 CA can give due course if CA finds prima facie that the
lower court committed an error.
RULE 43 Appeals from CTA and Quasi-Judicial
Agencies to the CA
 No longer applies to CTA since now same rank as
CA. File with the SC
 Covers:
1. RTC acting as Special Agrarian Court or Special
Commercial Court (tranquil)
 NOT covered by this Rule
1. CTA en banc
2. Labor code orders
3. HLURB – go to Office of president then to CA
4. NLRC – go with R65 after filing of an MR
5. Provincial agrarian reform adjudicator – DARAB
first then to CA
6. CTA division – to CTA en banc and then to SC
 Material dates:
o File comment if required – within 10 days
in 7 legible copies
o Transmittal of record by lower court/agency –
within 15 days
o Submit memoranda if required – within 15
days from notice
 Procedure for appeal
1. 7 legible copies of the petition
2. Proof of service on adverse party AND court a quo
3. Original copy shall be indicated as such
4. Pay the docket fees plus deposit of 500 pesos.
Exemption can be granted by the CA upon
VERIFIED MOTION and VALID GROUNDS. If
denied, pay within 15 days.
 Contents of petition (7 legible copies)
1. Full names of parties without impleading court of
origin
2. Statement of facts, issues involved and grounds
3. Clearly legible duplicate original or certified true
copy of the judgment TOGETHER WITH
CERTIFIED TRUE COPY of such material
portions and other supporting papers (Main
difference with R42)
4. Sworn certificate of non-forum shopping
 Contents of Comment
1. Point out insufficiencies or inaccuracies in
statement of facts and issues
2. State reasons why petition should be denies or dismissed
3. Clearly legible certified true copies of material
portions of record with supporting papers
 CA can give due course if CA finds prima facie that the
lower court committed an error.
1. It shall order transmittal of records within 15 days from
such notice
2. Can set for oral argument or require parties to submit
memoranda from notice and deemed submitted for
decision upon filing of last pleading or memorandum.
 Findings of QJA when supported by substantial
evidence is binding on the CA
 BAR EXAM ( Basiana v. Denr, 2016) – power to
approve and enter in a mineral production sharing
agreement is admin in nature, and not QJ hence not
appealabe to the CA.
RULE 45 Appeal by Certiorari to the SC
 Material dates
o File petition – within 15 days from notice or
denial of MR or MNT
May grant extension of 30 days
Only one extension allowed
o Elevate records – within 15 days from notice
 Payment of fees – made to the clerk of court of supreme
court.
 Rule 65 not a substitute, except when:
1. Filed within reglamentary period for petition for
review on certiorari
2. Alleged errors of judgment
3. Sufficient reason to justify relaxation of rules
 Contents of Petition (file in 18 copies)
1. Full name of parties without impleading original court
2. Material dates
3. Statement of matters involved and reasons or arguments
4. Clearly legible duplicate original or certified true
copy of judgment certified by clerk
5. Certificate of non-forum shopping
 Only way to go up to the SC, except in criminal cases
where penalty imposed is death, RP or life imprisonment
(since it is automatic in those cases)
 Review is discretionary and NOT a matter of right.
Factors to be considered are:
1. If not in accord with law or decisions of the SC
2. Court a quo has departed from usual course of
judicial proceedings which require exercise of
power of supervision
 GR: can only raise Questions of law; Exceptions under
Jurisprudence (thanks Clarence tiu!)
1. The conclusion of the Court of Appeals is grounded
entirely on speculations, surmises and conjectures
2. The inference made is manifestly mistaken, absurd
or impossible
3. There is a grave abuse of discretion
4. The judgment is based on misapprehension of
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facts warranto,
3. Rule 65 against lower courts (concurrent with SC &
5. The findings of facts are conflicting
RTC)
6. The Court of Appeals, in making its 4. Annulment of judgments of RTC (exclusive)
findings went beyond the issues of the
case and the same is contrary to the  Contents of petition (in 7 clearly legible copies)
admissions of both appellant and appellee 1. Full names and actual addresses of parties
2. Statement of matters involved
7. The findings of fact of the Court of Appeals are
3. Factual background of case
contrary to those of the trial court
4. Grounds relied on for relief prayed for
8. The findings of fact are conclusions without 5. Clearly legible duplicate of original or certified true
citation of specific evidence on which they are copy of judgment
based 6. Other relevant documents
7. Sworn certification of non-forum shopping
9. The facts set forth in the petition as
8. Pay docket and lawful fees
well as in the petitioner’s main and
reply briefs are not disputed by the
 Acquisition of jurisdiction over respondent
respondents
1. Proper service of order/resolution
10. The findings of fact of the Court of Appeals 2. Voluntary submission
are premised on the supposed absence of
evidence and contradicted by the evidence  Action by the Court
on record 1. Can dismiss it out right
11. The SC, also, in its own initiative can accept 2. Court may require respondent to file comment – within
questions of facts, if it deems just 10 days from notice of order
 All other pleadings may be filed only with leave of court
 May delegate reception of evidence to any member
of CA or to appropriate court/agency
Summary of Procedures (Rules 48-56)  Failure to file a comment
1. Can decide based on record
Court of Supreme
2. Disciplinary actions
Appeals Court
Rule 46 Yes No
RULE 48 Preliminary Conference in the CA
Rule 48 (PC) Yes Yes
 For CA: can conduct PC in original and appealed cases.
Rule 49 Yes Yes  Any time during pendency of case, court may call for PC to:
(oral) 1. Consider possibility of amicable settlement except
Rule 50 Yes No when prohibited by law to compromise
Rule 51 Yes Yes 2. Define, simplify and clarify issues
(judgment) (Tranquil) 3. Formulate stipulations of facts
Rule 52 Yes No 4. Other matters to aid court in prompt disposition
(MR)  Product of PC = Record of conference
Rule 53 Yes No  Objection to use of resolution - within 5 days from notice
(MNT) thereof
 PC=Pre-trial

RULE 49 Oral Argument

PROCEDURE IN THE CA  Coverage:
1. Argument on merits of the case
Rule 46 Original Cases 2. Any material incident
 BAR EXAM: court acquire jurisdiction over person or  When allowed:
respondent by service of order or resolution or by 1. At own instance or
voluntary appearance. Service to counsel already 2. Upon motion of a party
sufficient this is true even if no longer counsel but no o Period to file objections to motion: 5 days from
notice of withdrawal was filed. (Francisco v Loyola service
Plans, 2016)
o Upon expiration of period, motion deemed
RULE 46 Original Cases under the CA
submitted for resolution
 Original jurisdiction of CA, over: o No need for hearings on motions unless
1. Rule 65 cases against RTC (concurrent with SC)
directed otherwise
2. Habeas corpus, habeas data, writ of amparo, quo
RULE 50 Dismissal of Appeal
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 Grounds for dismissal (motu propio or on motion,
merely directory not mandatory)
1. Failure of record to show appeal was taken
within period fixed
2. Failure to file notice of appeal or record on
appeal within period fixed
3. Failure to pay fees required
4. Unauthorized alterations, omissions or additions
in approved record
5. Failure to serve and file required number of copies
6. Absence of assignment of errors or page references
7. Failure to take necessary steps for correction of
completion of record within time limited
8. Failure to appear at PC or comply with other
orders of the court without justifiable cause
9. Order/judgment appealed from is not appealable
10. Improper mode of appeal – appeal erroneously
taken shall not be transferred to appropriate court
but will be dismissed outright
 Other Grounds
1. Moot causes
2. Frivolous appeals
 Withdrawal of appeal
o As a matter of right – before filing of appellee’s
brief
o Discretionary – after filing of appellee’s brief
RULE 51 Judgment
 When case deemed submitted for judgment
o Ordinary appeals
a. No hearing on merits of main case is
held – filing of last
pleading/brief/memorandum required
or expiration of period to file
b. Where hearing held – upon termination
or upon filing of last
pleading/memorandum as required or
expiration of period to file
o Original actions and Petitions for Review
a. No comment filed – upon expiration of
period
b. No hearing held – upon filing of
last required pleading or expiration
of period to file
c. Where hearing on merits is held –
upon termination or upon filing of last
pleading/memorandum required or
expiration of period to file
 Rendered by: members of court who participated in
deliberation on merits
 Quorum
 Division: 3 justices
1. Decision: unanimous vote
2. If not, presiding judge designates 2 more Justices to
sit. Majority vote necessary.
 Harmless Errors: S6- no error in either admission or
exclusion of evidence or defect in any ruling or action is
a ground for granting New trial UNLESS refusal to take
such actions appears to be inconsistent with substantial
justice. Errors can be disregarded if not affect substantial
rights of parties.
 GR: error must be assigned in order to be considered;
Exceptions
1. Jurisdiction over Subject matter
2. Closely related
3. Plain or clerical errors
 Execution of judgment
o Original action: writ accompanied by certified
true copy of decision and addressed to officer
for enforcement
o Appealed case: where motion for execution
pending appeal is filed in CA, resolution
granting it shall be transmitted to lower court
with directive for such court to issue writ for
enforcement.
Bar Exams: The exception to the general rule (closely related
errors) that only assigned errors can be reviewed is for the benefit
of the APPELLANT, the appellee, if he did not appeal cannot
raise this as an issue in the CA (Hiponia Mayuga v. Metro bank,
2015)
RULE 52 Motion for Reconsideration
 Material dates
o For filing – within 15 days
• No second MR allowed
o For resolution – within 90 days from date
when court declares it submitted for resolution
 Grounds:
1. Damages awarded are excessive
2. Evidence insufficient to justify decision
3. Decision contrary to law
 Pendency of MR will stay execution of judgment
(no similar provision in Rule 37)
RULE 53 New Trial
 Period for filing: any time after appeal from lower court
has been perfected and before CA loses jurisdiction over
the case
 Ground: newly discovered evidence only
 Motion shall be resolved within 90 days from
declaration of submission for resolution
RULE 54 Internal Business
 Quorum of en banc – majority of actual members
 Decision/resolution – affirmative votes of majority of
members present
 CA
1. 50 justices
2. 1 Presiding justice
3. 17 divisions of 3 members each
4. Sit En banc only for the purpose of administrative,
ceremonial, or non-adjudicatory functions
RULE 55 Publication of Judgments and Final Resolution
 Publish in:
1. Official Gazette and
2. Court of Appeals Reports
a. Each volume shall not be less than 700 pages
3. Philippine Reports- SC
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RULE 56-A Original Cases in the SC
 Original cases that can be filed in the SC
1. Rule 65 (certiorari, prohibition and mandamus)
2. Quo warranto
3. Habeas corpus
4. Habeas data
5. Writ of amparo
6. Disciplinary proceedings against members of
judiciary and attorneys
7. Cases affecting ambassadors, and other public
ministers and consul
8. Constitutionality of a law, treaty, ordinance, or EO
 Procedure: (Same as CA)
1. Preliminary conference
2. Oral arguments
3. Judgment
4. MR
 Limitations
o No MNT unless based on its equity jurisdiction
o Can’t annul judgment of CA
RULE 56-B Appealed Cases in the SC
 Mode of appeal: petition for review on certiorari except
in criminal cases where penalty imposed is death, RP or
life
 Grounds for dismissal (motu propio or on motion)
1. Failure to file within reglamentary period
2. Lack of merit
3. Failure to pay required fees/deposit
4. Failure to comply with proof of service and contents
5. Failure to comply with circulars, directives or
order of SC without justifiable cause
6. Error in choice of mode of appeal
7. Case not appealable to SC
 No oral arguments in appealed cases
 Disposition of an improper appeal
1. If notice of appeal – dismiss outright EXCEPT if
Criminal and D,RP,LI
2. If certiorari from RTC to SC BUT involves issue of
facts – can be referred to the CA for decision.
 Procedure
1. Preliminary Conference
2. Judgment
3. MR
 Procedure if opinion equally divided
o Re-deliberate
o If still no decision,
Original action commenced- dismissed
Appealed case, judgment appealed
from stands affirmed
Incidental matters/petition, denied
Internal Rules of the Supreme Court: (NOT REQUIRED
READING BUT JUST IN CASE, FOR THE BAR EXAMS!)
SECTION 3. Court En Banc Matters and Cases. — The
Court en banc shall act on the following matters and
cases:
(a) cases in which the constitutionality or validity of
any treaty, international or executive
agreement, law, executive order, presidential
decree, proclamation, order, instruction,
ordinance, or regulation is in question;
(b) cases raising novel questions of law;
(c) cases affecting ambassadors, other public
ministers, and consuls;
(d) cases involving decisions, resolutions, and orders
of the Commission on Elections, and the
Commission on Audit;
(e) cases where the penalty recommended
or imposed is the dismissal of a judge,
the disbarment of a lawyer, the
suspension of any of them for a period
of more than one year, or a fine
exceeding forty thousand pesos;
(f) cases covered by the preceding paragraph
and involving the reinstatement in the
judiciary of a dismissed judge, the
reinstatement of a lawyer in the roll of
attorneys, or the lifting of a judge's
suspension or a lawyer's suspension from the
practice of law;
(g) cases involving the discipline of a
Member of the Court, or a Presiding
Justice, or any Associate Justice of the
collegial appellate courts;
(h) cases where a doctrine or principle laid down by
the Court en banc or by a Division may be
modified or reversed;
(i) cases involving conflicting decisions of two or
more divisions;
(j) cases where three votes in a Division cannot be
obtained;
(k) Division cases where the subject matter
has a huge financial impact on
businesses or affects the welfare of a
community;
(l) subject to Section 11 (b) of this rule, other
division cases that, in the opinion of at least
three Members of the Division who are voting
and present, are appropriate for transfer to the
Court en banc;
(m) cases that the Court en banc deems of sufficient
importance to merit its attention; and
(n) all matters involving policy decisions in the
administrative supervision of all courts and their
personnel
SECTION 14. Per Curiam Decisions. — Unless
otherwise requested by the Member assigned to
write the opinion of the Court, the decision or
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resolution shall be rendered per curiam
(a) where the penalty imposed is dismissal from
service, disbarment, or indefinite suspension in
administrative cases; or
(b) in any other case by agreement of the majority of
the Members or upon request of a Member.
SECTION 3. Advisory Opinions Proscribed. — The
Court cannot issue advisory opinions on the state
and meaning of laws, or take cognizance of moot
and academic questions, subject only to notable
exceptions involving constitutional issues.
SECTION 4. Cases When the Court May Determine
Factual Issues. — The Court shall respect the
factual findings of lower courts, unless any of the
following situations is present:
(a) the conclusion is a finding grounded entirely on
speculation, surmise and conjecture;
(b) the inference made is manifestly mistaken;
(c) there is grave abuse of discretion;
(d) the judgment is based on a misapprehension of
facts;
(e) the findings of fact are conflicting;
(f) the collegial appellate courts went beyond the
issues of the case, and their findings are
contrary to the admissions of both appellant
and appellee;
(g) the findings of fact of the collegial appellate courts
are contrary to those of the trial court;
(h) said findings of fact are conclusions without
citation of specific evidence on which they are
based;
(i) facts set forth in the petition as well as in the
petitioner's main and reply briefs are not disputed
by the respondents;
(j) findings of fact of the collegial appellate courts are
premised on the supposed evidence, but are
contradicted by the evidence on record; and
(k) all other similar and exceptional cases warranting
a review of the lower courts' findings of fact.
SECTION 1. Grounds for Inhibition. — A Member
of the Court shall inhibit himself or herself
from participating in the resolution of the case
for any of these and similar reasons:
(a) the Member of the Court was the ponente of
the decision or participated in the
proceedings in the appellate or trial court;
(b) the Member of the Court was counsel, partner
or member of a law firm that is or was the
counsel in the case subject to Section 3 (c) of
this rule;
(c) the Member of the Court or his or her spouse,
parent or child is pecuniarily interested in the case;
(d) the Member of the Court is related to either
party in the case within the sixth degree of
consanguinity or affinity, or to an attorney or any
member of a law firm who is counsel of record
in the case within the fourth degree of
consanguinity or affinity;
(e) the Member of the Court was executor,
administrator, guardian or trustee in the case; and
(f) the Member of the Court was an official or
is the spouse of an official or former official
of a government agency or private entity
that is a party to the case, and the Justice
or his or her spouse has reviewed or acted
on any matter relating to the case.
A Member of the Court may in the
exercise of his or her sound discretion,
inhibit himself or herself for a just or
valid reason other than any of those
mentioned above. The inhibiting
Member must state the precise reason
for the inhibition.
RULE 12 — Voting Requirements
SECTION 1. Voting Requirements. —
(a) All decisions and actions in Court en banc
cases shall be made upon the concurrence of
the majority of the Members of the Court who
actually took part in the deliberations on the
issue or issues involved and voted on them.
(b) All decisions and actions in Division cases
shall be made upon the concurrence of at
least three Members of the Division who
actually took part in the deliberations on
the issue or issues involved and voted on
them.
SECTION 2. Tie Voting in the Court En Banc. —
(a) In civil cases, including special proceedings
and special civil actions, where the Court en
banc is equally divided in opinion or the
necessary majority vote cannot be had, the
Court shall deliberate on it anew. If after such
deliberation still no decision is reached, the
Court shall, in an original action filed with it,
dismiss the case; in appealed cases, it shall
affirm the judgment or order appealed from.
(b) In criminal cases, when the Court en banc is
equally divided in opinion or the necessary
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majority cannot be had, the Court shall
deliberate on it anew. If after such
deliberation still no decision is reached, the
Court shall reverse the judgment of
conviction of the lower court and acquit the
accused.
RULE 15 — Finality of Decision and Resolutions
SECTION 2. Motion for Reconsideration. — A motion
for reconsideration filed within the fifteen-day
period from receipt of a copy of the decision or
resolution shall stay the execution of such decision
or resolution unless, for good reasons shown, the
Court directs otherwise.
SECTION 3. Second Motion for Reconsideration. —
The Court shall not entertain a second motion for
reconsideration, and any exception to this rule can
only be granted in the higher interest of justice by
the Court en banc upon a vote of at least two-
thirds of its actual membership. There is
reconsideration "in the higher interest of justice"
when the assailed decision is not only legally
erroneous, but is likewise patently unjust and
potentially capable of causing unwarranted and
irremediable injury or damage to the parties. A
second motion for reconsideration can only be
entertained before the ruling sought to be
reconsidered becomes final by operation of law or
by the Court's declaration.
In the Division, a vote of three Members shall be
required to elevate a second motion for
reconsideration to the Court En Banc.
A.M. NO. 99-8-09-SC — AMENDED RULES ON
WHO SHALL RESOLVE MOTIONS FOR
RECONSIDERATION OF DECISIONS OR SIGNED
RESOLUTIONS INCASES ASSIGNED TO THE
DIVISION OF THE COURT
This Resolution supersedes the Resolution
promulgated on February 15, 2000. The new rules
on who resolve motions for reconsideration of
Decisions or signed Resolutions in cases
assigned to the Divisions of the Court are as
follows:
1. Motions for reconsideration/clarification of a
Decision or of a signed Resolutions in cases
shall be acted upon by the Ponente and the
other Members of the Division, whether
special or regular, who participated in the
rendition of the Decision or signed Resolution
sought to be reconsidered, irrespective of
whether or not such members are already in
other Divisions at the time the motion for
reconsideration/clarification is filed or acted
upon; for this purpose, they shall be deemed
constituted as a Special Division of the
Division to which the Ponente belonged at the
time of promulgation of the Decision or the
Signed Resolution.
2. If the Ponente is disqualified or has inhibited
himself/herself from acting on the motion for
reconsideration/ clarification, he/she shall
be replaced by another Justice who shall be
chosen by raffle from among the remaining
Members of the Division who participated in
the rendition of the Decision or signed
Resolution and who concurred therein. If
only one member of the Court who
participated and concurred in the rendition
of the Decision or signed Resolution
remains, he/she shall be designated as the
Ponente.
If the Ponente retires or is otherwise no longer a
Member of the Court, a new Ponente for all his/her
Decision or signed Resolution that may be subject of
motions for reconsideration/clarification shall be
designated by raffle from among the remaining
Members of the Division who participated and concurred
in the Decision or signed Resolution
In Decisions or signed Resolutions of the retired
Ponente that the new Ponente did not
participateand concur in another Ponente
shall be chosen by raffle from among those
who participated and concurred in the
Decision or signed Resolutions.
4. If a Member (not the Ponente) retires or is
otherwise no longer a Member of the Court, a
Justice shall be designated by raffle from the
other Divisions to replace him/her in all Decisions
or signed Resolutions to which he/she
participated in and where such Decisions or
signed Resolutions are the subject of further
motions, until anew Justice is appointed as
replacement for the retired Justice. Upon the
appointment of a new justice, he/she shall
replace the designated Justice in such Decisions
or signed Resolutions.
5. Any vacancy or vacancies in the Special Divisions
shall be filled by raffle from among the other
Members of the Court to constitute a Special
Division of five (5) Members.
6. If the Ponente and all the Members of the Division
that rendered the Decision or signed Resolution
are no longer Members of the Court, the case
shall be raffled to any Member of the Court, the
case shall be acted upon by him/her with the
participation of the other Members of the Division
to which he/she belongs. Should the membership
of this Division be less than the number required
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for a Special Division or vacancies shall be filled
by raffle from among other members of the court.
7. Motions for reconsideration shall be resolved by the
Division with the concurrence of at least three of its
Members.
If there are pleadings, motions or incidents subsequent to
the denial with finality of the motion for
reconsideration, the case shall be acted upon by the
Division which rendered the Decision or signed
Resolution.
------END OF MIDTERMS COVERAGE------
RULE 39- EXECUTION
GSA NOTES ON TERCERIA
1. Do not apply terceria if it is not a money judgement
such as action for demolition
2. If subject of terceria in another RTC can enjoin in
another RTC (exception to non-interference)
3. Third party claimant must show he is prima facie
entitled to claim
4. Court has power to deny release if such is not
meritorious
5. No certiorari in terceria since the phrase “herein
provided” there are other remedies
a. Hence can also avail simultaneously with other
claims (no forum shopping)
When Available:
 2 kinds of execution
o As a matter of right – when judgment is final and
executory
o Discretionary – judgment final but not yet
executory
 Pending appeal, or
 A several/partial judgment
Section 1- 14 Are the General Provisions.
MATTER OF RIGHT
GR: Execution as matter of right (ministerial duty)
 No appeal
o Upon motion
o When judgment is final and executory
 There was is appeal and it has been resolved
o Apply in court of origin
o On motion
o Submit the CTC of judgment or final orders
o Notice to adverse party
 Appellate court may
o On motion in the same case
o Interest of justice
o Direct court of origin to issue writ of execution
NOTES:
 Can be compelled by mandamus
 Become final via operation of law
 Judge cannot execute on its own since it presuppose
notice and hearing
 Remedy of other party
o TRO +certiorari
o Quash execution
 Judge issued a writ quoting the decisions, how will
you execute it? Records first have to be returned
(pls check)
 Always issued by COURT OF ORIGIN
o Unless in original actions in CA or SC
 Stray case: even absent notice of hearing, can issue
since it is ministerial.
E: Court may refuse to execute judgment EVEN if final;
 Executed via voluntary compliance
 Judgment novated by parties such as a compromise
 Petition for relief + preliminary injunction
 Conditional judgment or incomplete
 Unjust or inequitable execution
 Sought more than 5 years from entry
 Property exempt from execution
 Higher interest of judgment
Execution of interlocutory judgment
 GR: Cannot execute; exceptions
o Party claims he is indigent and he is not one –
execution as to fees
o Support pendente lite (when party fails to comply
with an order to grant support)
Quash of writ of execution
 GR: can no longer be contested and prevented and no
appeal is allowed;
 Exception: question via writ of
certiorari/prohibition/mandamus
o Execution varies judgment
o Change in situation and makes it unjust
o Property exempt from execution
o Controversy never submitted to court
o Terms of judgment are not clear
o Improvidently issued
o Judgment is defective in substance
Modes of Execution of Final and Executory Judgments (As a
matter of right)
 Either by motion
o Within 5 years from date of entry
 After lapse of 5 years but before statute of limitation
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o Enforced via action Stay of execution of judgment
o HENCE: after 5 years but BEFORE 10 years  GR: appeal stays; exception
from date of judgment. This does NOT apply o Discretionary execution
to o Immediately executory
 Special proceedings o QJA
 Judgment for support or custody o Summary procedure.
 If there is a Revived judgment Nature
o Enforced via motion  Not a matter of right
o Within 5 years from date of entry and before  Final judgment (not final and executory)
statute of limitation
 GR: motion is indispensable Requisites of Discretionary Execution
o E: Self executory judgments (labor cases)  MOTION
 GR: Execution made in 5 years; exceptions:  HEARING
o Agreement of parties  FILED IN PROPERT COURT
o There was an injunction  GOOD REASONS stated in special order.
o Delay due to fault of debtor
Ground- Good reasons
Nature of an action for revival of judgment  Compelling circumstances warranting immediate
 Procedural means execution for fear of an empty victory
 Cannot re-open issues  Demanding urgency which will outweigh the injury
 New and independent action different from the original or damages
case  Good reason
 Revival of Revised judgment o Perishable goods
o May be revived again  Bad reason
o 10 year period shall commence to run from o Bond
date of finality of revived judgment and NOT o Dilatory appeal
from the old judgment o Admission of liability
o This is under Section 6. o Old age
 Jurisdiction: (RIANO- RTC since incapable of
pecuniary estimation) but according to Miranda v. Remedy of adverse party
Miranda:  Certiorari
o Court where judgment is rendered
o Plaintiff or defendant resides Stay of discretionary execution
o Any place designated by statues  Approval of court
 VENUE: determined by nature of judgment sought to be  Sufficient supersedeas bond
enforced and NOT nature of original action. Observe  Conditioned on performance of judgment if it is
rules on Rule 4 depending if personal or real. sustained
 Appeal: only as to the merits of the action for revival.  Bond may be proceeded against on motion with
 No limit as to number of revivals notice to surety
 No laches
 Can be personal or real action. NOTES:
 Available in election protest cases as long as
MATTER OF DISCRETION o Public interest involved
o Shortness of remaining portion
Execution of judgment pending appeal (or execution of o Length of time the case is pending
separate, partial or several judgment) o NOT stayed by filing of supersedeas bond.
 On motion of prevailing party  Not available in cases against government
 Notice to adverse party  Reinstatement in labor cases is immediately
 May issue on its DISCRETION before expiration of executory
period to appeal.  No need for full blown hearing for discretionary
 WHERE: execution
o Filed in trial court while have jurisdiction over
case AND in possession of original record or
record on appeal Section 15-34 governs the sale
o After trial court lost jurisdiction, filed in
appellate court
 Only upon good reasons
 Judgments not stayed by appeal and are immediately
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executory.
1. Injunction
2. Receivership
3. Accounting and support
4. Others declared as immediately executor
5. Forcible entry + UD cases
6. Amparo proceedings (no executory process)
7. Labor cases (PLS CHECL)
 Effect of reversal of executed judgment
o Trial court may on motion
o Issue orders of restitution or reparation
 Execution in case of death (applies if party dies after
judgment has become final)
o Obligee dies: executor/admin/successor in
interest applies
o Obligor dies: execution against
executor/admin/successor in interest if
judgment is recovery of property or
enforcement of lien
o Obligor dies after levy effected: sell the same
for satisfaction of judgment obligation
 Section 8. Issuance, form and contents of a writ of
execution. — The writ of execution shall:
o (1) issue in the name of the Republic of the
Philippines from the court which granted the
motion;
o (2) state the name of the court, the case number
and title, the dispositive part of the subject
judgment or order; and
o (3) require the sheriff or other proper officer to
whom it is directed to enforce the writ
according to its terms, in the manner
hereinafter provided:
 (a) If the execution be against the
property of the judgment obligor, to
satisfy the judgment, with interest, out
of the real or personal property of
such judgment obligor;
 (b) If it be against real or personal
property in the hands of personal
representatives, heirs, devisees,
legatees, tenants, or trustees of the
judgment obligor, to satisfy the
judgment, with interest, out of such
property;
 (c) If it be for the sale of real or
personal property to sell such property
describing it, and apply the proceeds
in conformity with the judgment, the
material parts of which shall be
recited in the writ of execution;
 (d) If it be for the delivery of the
possession of real or personal
property, to deliver the possession of
the same, describing it, to the party
entitled thereto, and to satisfy any
costs, damages, rents, or profits
covered by the judgment out of the
personal property of the person against
whom it was rendered, and if sufficient
personal property cannot be found, then
out of the real property; and
 (e) In all cases, the writ of execution
shall specifically state the amount of the
interest, costs, damages, rents, or profits
due as of the date of the issuance of the
writ, aside from the principal obligation
under the judgment. For this purpose, the
motion for execution shall specify the
amounts of the foregoing reliefs sought
by the movant.(8a)
 Enforcement of judgments:
1. Immediate payment on demand with cash or certified
bank check
2. Satisfaction by levy
a. Levy – act of officer of setting apart
property of judgment property for
purpose of selling later (if there is no
cash)
b. Obligor can choose which property, if
doesn’t make a choice, sheriff chooses
with personal property as priority
3. Garnishment of debts and credits (if no cash or levy)
a. Garnishee shall make a report within 5
days if obligor has enough credits with
garnishee
b. STEPS
• Notice to 3rd person
• Court will make 3rd person to
release funds
 Duty of sheriff prior to enforcement of execution
1. Prepare an estimate of expenses to be incurred in
executing writ (must be approved by court)
2. Render an accounting
3. Issue an OR for total amount received from obligor
 Execution for specific act
1. Conveyance, delivery of deeds; vesting title
2. Sale of real or personal property
3. Delivery or restitution of real property
a. All persons claiming rights under obligor
must peaceably vacate property within 3
working days
4. Removal or improvements on property subject of
execution
5. Delivery of personal property
 Some Rules
1. If refuse, can be done by other party while
party refusing will pay for it.
2. If for real property, persons have 3 days to
vacate and failure to do so, they can be
ejected. Contempt here is NOT a remedy.
3. If judgment involves demolition, can only be
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done via a SPECIAL order after hearing personal services within the four months
and if obligor fails to remove them within preceding the levy as are necessary for the
a reasonable time. support of his family;
4. If for sale of property- can sell and apply o (j) Lettered gravestones;
proceeds o (k) Monies, benefits, privileges, or annuities
5. For personal property – officer get the accruing or in any manner growing out of
property and deliver it. any life insurance;
o (l) The right to receive legal support, or
 Execution of special judgment money or property obtained as such
1. Requires an act other than the 5 preceding support, or any pension or gratuity from the
2. Certified copy of judgment be attached to Government;
writ o (m) Properties specially exempted by law.
3. Contempt applies only for refusal to
comply with a special judgment
 Effect of levy on execution as to 3rd person
1. Create a lien in favor of judgment obligee  Life of writ: 5 years from entry of judgment
 Property exempt from execution (only if for NATURAL  Sheriff required to make reports every 30 days failure to do
persons and NOT juridical persons) so makes him administratively liable.
o If mortgaged any, no longer exempt
o Libraries or professionals – not more than 300k  Notice of sale to public – no notice = no sale. Give notice to
o Family furniture – not more than 100k public and obligor
o Provisions – only up to 4 months
o Jewelry not exempt Posting Time
o Tombstones exempt but not mausoleums Perishable Goods 3 public places Reasonable time
o (a) The judgment obligor's family home as Personal Property 3 public places Not less than 5
provided by law, or the homestead in which days
he resides, and land necessarily used in Real Property 3 public places 20 days
connection therewith; (P50k and below)
o (b) Ordinary tools and implements Real No posting Once a week for
personally used by him in his trade, Property but 2 consecutive
employment, or livelihood; (>P50k) publication weeks
o (c) Three horses, or three cows, or three
carabaos, or other beasts of burden, such
as the judgment obligor may select
necessarily used by him in his ordinary o Notice to obligor: at least 3 days before sale
occupation; Except if perishable goods, notice any
o (d) His necessary clothing and articles for time before sale
ordinary personal use, excluding jewelry; o Time of sale: 9am-2pm
o (e) Household furniture and utensils o Where: Office of clerk of court
necessary for housekeeping, and used for If personal property capable of
that purposerd
by the judgment obligor and his manual deliver, where property is
family, such as the judgment obligor may located
select, of a value not exceeding one  If property claimed by 3 person, oblige must file a
hundred thousand pesos; bond in amount not less than value of property to
o (f) Provisions for individual or family use continue
sufficient for four months; o Third party must file an affidavit
o (g) The professional libraries and equipment o Period to enforce damage claims against bond:
of judges, lawyers, physicians, pharmacists, within 120 days from date of filing bond
dentists, engineers, surveyors, clergymen, o Sheriff not liable if bond was posted by the
teachers, and other professionals, not judgment oblige
exceeding three hundred thousand pesos in • Sheriff not obliged to keep property UNLESS
value; judgment oblige files a bond approved by
o (h) One fishing boat and accessories not court to indemnify the 3rd party claimant of a
exceeding the total value of one hundred sum not less than value of property levied on.
thousand pesos owned by a fisherman and o 3rd person can vindicate his claim to property in
by the lawful use of which he earns his separate or same action
livelihood;
o (i) So much of the salaries, wages, or  Penalty for selling without notice or removing or defacing
earnings of the judgment obligor for his notice
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1. Pay punitive damages in amount of P5,000 to person
injured
2. Pay actual damages
 No sale if judgment and costa are paid.
1. Paid any time before the sale
2. It prevents the sale
RULES ON EXECUTION SALES
 NO need for an alias writ of execution as long as you
have a writ.
 A notice of sale is required before the property levied
upon is sold on execution (Sec. 15, Rule 39)
 All sales of property under execution must be made at
public auction to the highest bidder (Sec. 19, Rule 39)
but the execution sale must be preceded by a valid
levy which is indispensable for a valid execution sale
 A levy is the act whereby the sheriff sets apart or
appropriates a part of the whole of the properties of
the judgment obligor to satisfy the command of the
writ
 A levy is necessary only if the obligor cannot satisfy
the judgment in cash, certified check or any other
mode of payment acceptable to the judgment creditor
 A levy upon real property is made by the officer by
performing two specific acts:
1. filing with the Register of Deeds a copy of the
order, description of the attached property and
notice of attachment; and
2. leaving with the occupant of the property copy of
the same order, description and notice.
 Non-compliance with any of these requisites is fatal
because a special statutory provision respecting the
manner of carrying out levy of attachment must be
strictly complied with and departure therefrom shall
invalidate the levy
 After sufficient property has been sold to satisfy the
execution, no more shall be sold (Sec. 19, Rule 39)
 Any excess property or proceeds of the sale shall be
delivered to the judgment obligor (Sec. 19, Rule 39
 If the purchaser at the auction refuses to pay the
amount bid by him, the officer may again sell the
property to the highest bidder and the court may
require such purchaser to pay unto the court the
amount of whatever loss, with costs occasioned by his
refusal to pay and if he disobeys the order, may punish
him for contempt. Any subsequent bid by such
purchaser may be refused by the officer conducting
the bidding (Sec. 20, Rule 39)
 The judgment obligee may bid and if said party is the
purchaser and there is no third party claim, he need
not pay the amount of the bid if it does not exceed the
amount of his judgment. If it does, he shall only pay
the excess (Sec. 21, Rule 39
 If the purchaser of personal property capable of
manual delivery pays the purchase price, the officer
making the sale must deliver the property to the
purchaser and, if desired, shall execute a certificate of
sale. The sale conveys to the purchaser all the rights
which the judgment obligor had in such property as of the
date of the levy on execution or preliminary attachment
(Sec. 23, Rule 39)
 When the purchaser of any personal property not capable
of manual delivery pays the price, the officer making the
sale must execute and deliver to the purchaser a
certificate of sale. Such certificate conveys to the
purchaser all the rights which the judgment obligor had
in such property as of the date of the levy on execution or
preliminary attachment (Sec. 24, Rule 39)
 Manner of sale — public auction, to the highest bidder.
1. Real property consisting of several known lots: sell
separately
2. Personal property consisting of manual delivery:
sold within view of those attending the same and in
such parcels which will bring the highest price
 If judgment obligor is present, he may direct the order in
which the property shall be sold
 The officer conducting the sale can not purchase or be
interested in it
 If purchaser at auction (winning bidder) refuses to pay,
may be cited for contempt
 Sheriff can’t adjourn sale without consent of both parties
1. Failure to do so makes sale irregular
 Execution and delivery of certificate of sale mandatory
only in conveyance to purchaser of personal property
not capable of manual delivery
 Personal properties may NOT be redeemed
 Who may redeem real property sold:
1. Judgment obligor, or his successor in interest
a. Redeem within 1 year from date of
registration of certificate of sale
b. Pay full amount plus 1% per month interest
c. Once he redeems, no further redemption
allowed
2. Redemptioner - creditor having a lien by virtue of
an attachment subsequent to lien under which
property was sold
a. Property so redeemed may again be redeemed
within 60 days after last redemption
b. Pay sum paid on last redemption with 2%
interest
in addition
c. Must present proof of right to redeem
d. FIRST REDEMPTIONER: Redeem within 1
year from date of registration of certificate of
sale
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e. Second redemptioner has 60 days after the
first redemption, the 3rd has 60 days after
the second, and so on, even after the lapse
1 year from the date of registration.
 It is only where, by voluntary agreement of the
parties, consisting of extensions of the redemption
period, followed by commitment by the debtor to pay the
redemption price at a fixed date, will the concept of
legal redemption be converted into one of
conventional redemption
 Judgment obligor has right to possession and entitled to
fruits and profits during redemption period
1. But the obligor can NOT change or modify the
nature of the property during the period.
 Upon expiration of period to redeem without
redemption, possession will be given to purchaser/last
redemptioner unless a 3rd party is actually holding
property adversely
1. purchaser or last redemptioner is entitled to a writ
of possession upon the expiration of the redemption
period.
 Judgment obligor not required to present proof of his right
of redemption, but redemptioner needs proof:
1. copy of the judgment or final order
2. certified by the clerk of the court wherein the
judgment or final order is entered
3. OR record of mortgage of other lien
4. and an affidavit executed by him or his agent,
showing the amount then actually due on the lien.
 Option of purchaser in case sale is not effective
1. Recover in separate action from oblige the price
paid to him with interest
2. File a motion in the same case to revive
judgment in his name against judgment obligor
for said amount
 Obligee’s remedies in case proceeds of property sold at
auction is not enough to satisfy judgment
1. Have judgment obligor examined by an order
2. Have obligor of judgment obligor examined by order
3. Have anyone else appear to be examined by
order or subpoena under pain of contempt
4. Court can also appoint a receiver
• This is the only provisional remedy that can be
given by the court after judgment.
5. Court can also allow the judgment obligee to institute
an action against a person who denies the debt or
claims the property as his
 When entry of satisfaction of judgment by clerk is made:
1. Writ is returned fully satisfied, or
2. Written acknowledgement of obligee or his counsel
3. Indorsement of such admission on the face of the
record of the judgment, or
4. Order of court after notice and motion, whenever
a judgment is satisfied in fact other than upon
execution
 Effect of domestic judgments or final orders
1. Conclusive
a. If specific thing or
b. In respect to probate of a will or
c. In respect of personal, political, or legal
status of a person
d. Relationship of a person
2. Conclusive between parties and successors by title
subsequent to commencement of action with
respect to matter directly adjudged or any other
matter that could’ve been raised in relation
3. In any other litigation between same parties (in
personam), conclusiveness of judgment only to that
which was adjudged or those actually or necessarily
included therein
 Effect of foreign judgments
1. Upon specific thing: conclusive
2. Upon a person, or rights between parties: presumptive
only
 How to enforce foreign judgment:
o File verified petition in RTC
o Prove law of the foreign court
 How to impugn foreign judgment
1. Want of jurisdiction/notice to party
2. Collusion
3. Fraud
4. Clear mistake of law or fact
Section 35-43 – gives the ways to satisfy judgement
Section 44-45 is the definition of satisfaction
Section 46 – Refers to the Surety
Section 47-48- Refers to effect of Judgment
20. Barangay Conciliation (GOP-1V-PLCR)
a. GR: disputes between parties actually residing in
the same city or municipality; EXCEPTIONS
i. Party is government except when it is just
one of three or more parties
ii. Dispute relate to official function of public
official
iii. Punishable by Imp > 1 year or fine > 5k
iv. No private offended party
v. Real property in different cities or
municipalities
vi. Reside in different barangays of different
cities UNLESS they adjoin each other and
agree on it.
vii. Other class as president may determine
viii. Labor disputes
ix. Actions to annul judgment of compromise
x. By or against juridical entities
xi. VAWC
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b. Other instances where parties can go to court
without prior BC
i. Accused under detention
ii. Habeas corpus
iii. Coupled with provrem
iv. If will be barred by prescription
c. No lawyers. Parties must personally appear of
their next of kin if minor or incompetent
d. Arbitration or agreement may be enforced by
lupon within 6 months, after that It is in the
MTC
e. Under Sec 412 of the LGC confrontation either
before the lupon chairman or pangkat is
sufficient compliance
Venue in Barangay Conciliation
 Parties reside in same barangay- the said barangay
 Involves residents of different barangays within the same
municipality or city – barangay where respondent or any
of the respondent actually resides (election of
complainant)
 If involve real property – barangay where real property is
 Dispute arising from workplace where the contending
parties are enrolled for study - where such workplace or
institution.
NOTES:
 Objections raised in punong barangay or waived
 Parties may agree to arbitration before barangay
A.M. No. 08-11-7-SC (IRR): Re: Rule on the Exemption
From the Payment of Legal Fees of the Clients of the
National Committee on Legal Aid and of the Legal Aid
Offices in the Local Chapters of the Integrated Bar of the
Philippines
o Purpose of enforcing the right of free access to courts
o Definitions:
o "Legal fees" refers to the legal fees
imposed under Rule 141 of the Rules of
Court as a necessary incident of
instituting an action in court either as an
original proceeding or on appeal.
Includes
§ filing or docket fees,
§ appeal fees,
§ fees for issuance of provisional
remedies,
§ mediation fees,
§ sheriff's fees,
§ stenographer's fees (that is fees
for transcript of stenographic
notes) and
§ commissioner's fees
WHO ARE QUALIFIED FOR EXEMPTION OF LEGAL
FEES
o limited only to clients of the NCLA and
the chapter legal aid offices
o those indigents qualified to receive free
legal aid service from the NCLA and the
chapter legal aid offices.
Persons not covered by the Rule.
o (a) Juridical persons; except in cases covered by
developmental legal aid or public interest causes involving
juridical entities which are non-stock, non-profit
organizations, non-governmental organizations and people's
organizations whose individual members will pass the means
test provided in this Rule;
o (b) Persons who do not pass the means and merit tests;
o (c) Parties already represented by a counsel de parte;
o (d) Owners or lessors of residential lands or buildings with
respect to the filing of collection or unlawful detainer suits
against their tenants and
o (e) Persons who have been clients of the NCLA or chapter
legal aid office previously in a case where the NCLA or
chapter legal aid office withdrew its representation because of
a falsity in the application or in any of the affidavits
supporting the said application.
Cases not covered by the Rule
o Cases where conflicting interests will be
represented by the NCLA and the chapter
legal aid office
Tests of Indigency
MEANS TEST
o GENERAL RULE: The means and merit test
o EXCEPTION to the test:
§ FIRST EXCEPTION (still exempt under rules of
court)
· Applicant and that of his immediate family
must have a gross monthly income that does
not exceed an amount double the monthly
minimum wage where he reside AND
· does not own real property with a fair
market value as stated in the current tax
declaration of more than 300k
§ SECOND EXCEPTION
· not be applicable to applicants who fall
under the developmental legal aid program
such as overseas workers, fisherfolk,
farmers, laborers, indigenous cultural
communities, women, children and other
disadvantaged groups.
MERIT TEST:
o if an assessment of the law and evidence at hand
discloses that the legal service will be in aid of justice
o fails this test if, after consideration of the law and
evidence presented by the applicant, it appears that it is
intended merely to harass or injure
OTHER
rule of law, the proper administration of justice, the public interest
Grounds for withdrawal of legal aid.
(a) subsequently ascertained that the client is not qualified for
legal aid;
(b) Where the client's income or resources improve and he no
 Prepared by Daniel Hofilena
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longer qualifies for continued assistance based on the means
test.
(c) When it is shown or found that the client committed a
falsity in the application or in the affidavits submitted to
support the application;
(d) When the client subsequently engages a de parte counsel
or is provided with a de oficio counsel;

(e) When, despite proper advice from the handling lawyer, the
client cannot be refrained from doing things which the
lawyer himself ought not do under the ethics of the legal
profession, particularly with reference to their conduct towards
courts, judicial officers, witnesses and litigants, or the client
insists on having control of the trial, theory of the case, or
strategy in procedure which would tend to result in incalculable
harm to the interests of the client;

(f) When, despite notice from the handling lawyer, the client
does not cooperate or coordinate with the handling lawyer
to the prejudice of the proper and effective rendition of legal
aid such as when the client fails to provide documents
necessary to support his case or unreasonably fails to attend
hearings when his presence thereat is required; and

(g) When it becomes apparent that the representation of the

client's cause will result in a representation of conflicting
interests, as where the adverse party had previously engaged
the services of the NCLA

EFFECT:
GR: Court dismiss case
E: b, d, g
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SUPREME COURT
Civil Cases
Original Concurrent with Concurrent with Concurrent with RTC Concurrent with SB Concurrent with
CA CA and RTC CA, SB, RTC
Certiorari Prohibition and CPM against: CPM vs: Actions vs: In PCGG cases  Writ of
Mandamus against:  RTC  MTC  Ambassadors  PCM amparo
 CA  NLRC  Habease  Public ministers  HC  Habeas
 COMELEC corpus  Consuls  Injunction data
 CoA  Quo
 CTA warranto
SB
Appellate
Petitions for review on certiorari *for RTC:
against:  Validity of Treaty, executive & international agreement, law, PD, order, instruction
 CA  Legality of tax impost or assessment of toll
 SB  Jurisdiction of lower court
 RTC* Pure error or question of law
 CTA en banc
 FJ in Amparo and habeas
data

COURT OF APPEALS
Original jurisdiction Exclusive original jurisdiction Exclusive appellate jurisdiction
issue writs  annulment of judgments of RTC ALL
 mandamus,  SCA for certiorari against RTC for rehabilitation  final judgments,
 prohibition, plan (FRIA)  decisions,
 certiorari,  resolutions,
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 habeas corpus, and  orders, or
 quo warranto, and  awards of
 auxiliary writs
OF THE FF:
 RTC
 QJ agencies,
 instrumentalities,
 boards, or
 commissions,

BUT NOT:
 falling within the appellate jurisdiction of the SC

The Intermediate Appellate Court shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve
factual issues raised in cases falling within its original and appellate jurisdiction, including the
power to grant and conduct new trials or further proceedings

REGIONAL TRIAL COURT exclusive original jurisdiction (ERA-PEM-JA-O) for CIVIL cases
all civil actions all civil actions of title, interest, possession all actions in admiralty and maritime jurisdiction
 if SM incapable of pecuniary estimation (TIP) involving
when demand or claim
REAL PROPERTY with assessed value:  Exceed 300k (outside MM)
 Exceed 20k (outside MM)  Exceed 400k (MM)
 Exceed 50k (MM)

BUT: if UD/FE in MTC

all matters of probate, both testate and intestate all actions involving the all cases not within the exclusive jurisdiction of any
 contract of marriage and
gross value of the estate  marital relations  court,
 Exceed 300k (outside MM)  tribunal,
Exceed 400k (MM)  person or body exercise J/QJ
all civil actions and special proceedings falling within all other cases in
the EOJ of
 Juvenile and Domestic Relations Court 1. which the demand, exclusive of
Court of Agrarian Relations  interest,
 damages of whatever kind,
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 attorney's fees,
 litigation expenses, and
 costs or
2. Value of property

 Exceed 300k (Outside MM)

 Exceed 400k (MM)

Regional Trial Court (Cont)

exclusive original jurisdiction for Original Jurisdiction in Appellate jurisdiction Special Jurisdiction
CRIMINAL cases Other Cases.
 GR: all criminal cases not within issuance of writs enforced all cases decided by MTC/MCTC  juvenile
the exclusive jurisdiction of any in their territory:  domestic relations
court, tribunal or body,  certiorari, [appealable by petition for review to CA]  agrarian,
 E: exclusive jurisdiction of the SB  prohibition,  urban land reform
 mandamus,
 quo warranto,
 habeas corpus
 injunction

In actions affecting NOTE: RTC/MTC has concurrent jurisdiction

 ambassadors with insurance commissioner if claim does not
 other public exceed 5,000,000
ministers
 consuls

METC/MTC
Exclusive original jurisdiction of MTC (CIVIL) Exclusive Original Jurisdiction of Special Jurisdiction
MTC (CRIMINAL)
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 civil actions and all violations  if assigned by SC
 probate proceedings, testate and intestate,  city ordinances  to hear cadastral or land
 grant of provisional remedies  municipal ordinances cases

value of the personal property, estate, or amount committed within territorial jurisdiction Value of such:
 Does not exceed 100k
 Does NOT exceed 300k (OMM) ascertained by the
 Does NOT exceed 400k (MM)  affidavit of the claimant or
 by agreement of the
exclusive of (must be specifically alleged) respective claimants
 interest,  tax declaration
 damages of whatever kind,
 attorney's fees,
 litigation expenses, and costs,

Provided, such shall be included in the determination of the filing fees

[TOTALITY RULE]
Provided, further, if
 several claims or causes of actions
 same or different parties,
 same complaint, the amount of the demand
shall be the totality of the claims regardless if same CoA or Transaction

 cases of forcible entry and all offenses

 unlawful detainer:
 punishable with imprisonment
But if , the defendant raises the questions of ownership and possession cannot  not exceeding six (6) years
be resolved without it, determination limited only for possession.  regardless of fine or accessory
penalty or civil liability
offenses involving damage to property
through criminal
negligence
all civil actions which involve TIP

Assessed value of Real property

 Does NOT exceed 20k (OMM)
 Does NOT exceed 50k (MM)

exclusive of interest, damages of whatever kind, attorney's fees, litigation

expenses and costs:

Circular 21-99
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The provisions of Section 5 of Republic Act No. 7961 prescribe that "After five years (5) from the effectivity of this Act, the jurisdictional amounts mentioned
in Sec. 19(3), 1 (4), 2 and (8), 3and Sec. 33(1), 4 of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand pesos
(P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos
(P300,000.00): Provided, However, That in the case of Metro Manila, the abovementioned jurisdictional amounts shall be adjusted after five (5) years from the
effectivity of this Act to Four hundred thousand pesos (P400,000.00)."

1991 Rules on Summary Procedure

Civil Cases Criminal Cases
 FE/UD irrespective of damages or unpaid rentals sought (1) Violations of traffic laws, rules and regulations
 All other civil cases (EXCEPT PROBATE) where claim NOT
exceed 10k (2) Violations of the rental law;

(3) Violations of municipal or city

ordinances;

(4) All other criminal cases where

 Penalty not exceed 6mos OR

 Fine not exceed 1M
 If criminal negligence, fine not exceed 10k
 not apply to a civil/criminal case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the
ordinary procedure

Rules on Small Claims

COVERAGE:
 MTC/MCTC/METC for payment of money where the value of the claim does not exceed (P200,000.00) exclusive of interest and costs.
 shall apply this Rule in all actions that are purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or
reimbursement of sum of money.
o (a) For money owed under any of the following:
 1. Contract of Lease;
 2. Contract of Loan;
 3. Contract of Services;
 4. Contract of Sale; or
 5. Contract of Mortgage;
o (b) For liquidated damages arising from contracts;
o (c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim.
 may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of
interest and costs, does not exceed 200k
 Prepared by Daniel Hofilena
and Sharlaine Sy
92
Payment of Filing Fees.

 The plaintiff shall pay the docket and other legal fees unless allowed to litigate as an indigent.

Prohibited Pleadings and Motions.–

 Motion to dismiss the Statement of Claim/s; (b) Motion for a bill of particulars; (c) Motion for new trial, or for reconsideration of a judgment, or for
reopening of trial; (d) Petition for relief from judgment; (e) Motion for extension of time to file pleadings, affidavits, or any other paper; (f)
Memoranda; (g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; (h) Motion to declare the
defendant in default; (i) Dilatory motions for postponement (j) Reply and rejoinder; (k) Third-party complaints; and (l) Interventions

Appearance of Attorneys Not Allowed.–

 No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.