CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
RULE 6
(PLEADINGS)
Sec. 1 Pleadings are the written statements of the respective claims
and defenses of the parties submitted to the court for appropriate
judgment.
A motion is not equal to a pleading.
Averments in the pleading determine the jurisdiction of the court
and the nature of the action.
Sec. 2 – Claims of a party are asserted in a:
a. Complaint
b. Counter-claim
c. Cross-claim
d. Third(fourth, fifth, etc.) party complaint or
e. Complaint intervention
The defenses of a party are alleged in the:
f. Answer to the pleading asserting a claim against him.
An answer may be responded by a:
g. Reply.
Sec. 3 The complaint is the pleading alleging the plaintiff’s cause or
causes of action. The names and residences of the plaintiff and
defendant must be stated in the complaint.
Complaint is the concise statement of ultimate facts constituting the
causes of action of the plaintiff, with a specification of the relief
sought, but it may add a general prayer for such further relief as may
be deemed just and equitable.
Test of Sufficiency of Complaint – If upon the admission or proof of
the facts being alleged, a judgment may be properly given. A fact is
material if it cannot be stricken out without leaving the statement of
the cause of action insufficient.
Courts must consider the pleading, other documents and the
additional amended complaints in the determination of the
completeness of the Cause of Action and must not rely on the
allegations alone. (Alberto vs CA)
Sec. 4 Answer – An Answer is a pleading in which a defending party
sets forth his defenses.
An Answer is a responsive pleading.
Sec. 5 Defenses may either be negative or affirmative.
A. A Negative Defense is the specific denial of the material
facts or facts alleged in the pleading of the claimant
essential to his cause of action
B. An Affirmative Defense is an allegation of a new matter
which, while hypothetically admitting the material
allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him.
The affirmative defenses include:
a. fraud,
b. statute of limitations,
c. release,
d. payment,
e. illegality,
f. statute of frauds,
g. estoppel,
h. former recovery,
i. discharge in bankruptcy,
j. and any other matter by way of confession and
avoidance.
k. (novation)
Stating an affirmative defense does not mean an outright admission
of all allegations but only bringing a matter that would prevent or
SHADOW NOTES
Jack Anino
bar recovery against all the claims of plaintiff. (Tropical Homes vs
CA)
Sec. 6 Counterclaim – A Counterclaim is any claim which a
defending party may have against an opposing party.
There is no such rule that causes of action between the complaint
and counterclaim be similar in nature. However, in a counterclaim,
the plaintiff must be sued by the defendant in the same capacity
that the plaintiff is suing the defendant in the complaint. Personal
capacity is different from being a Representative capacity. (De Borja
vs De Borja)
Limitations of a Counterclaim:
1.) The court should have jurisdiction over the SUBJECT
MATTER of the counterclaim.
2.) The court could acquire jurisdiction over THIRD
PARTIES whose presence is essential for its
adjudication.
Sec. 7 A compulsory counterclaim is one which:
1.) being cognizable by the regular courts of justice
2.) arises out of or is connected with the transaction or
occurrence constituting a subject matter of the opposing
party’s claim
3.) it does not require for its adjudication the presence of
third parties of whom the court cannot acquire
jurisdiction
4.) it must be within the jurisdiction of the court, both as to
the amount and the nature thereof except that in the
original action before the RTC, the counterclaim may be
considered as compulsory regardless of the amount
5.) the defending party has a counterclaim at the time he
files an answer.(Counterclaim has already matured at the
time he files an answer --Relate this to Rule 11 Sec. 8)
Test of Compulsoriness of a Counterclaim
There must be a logical relationship between the claim alleged in the
complaint and that in the counterclaim, that is, where conducting
separate trials of the respective claims of the parties would entail a
substantial duplication of effort and time, as where they involve
many of the same factual or legal issues. (Spouses Meliton vs CA)
Rule 9, Sec. 2 A compulsory counterclaim or cross-claim must be
invoked in the same action otherwise it will be barred.
If a counterclaim involves the presence of an indispensable party, of
which whom, the court cannot acquire jurisdiction(example is if he is
in abroad), shall not be barred if not raised. You can still file it later
or anytime, it is not barred since there is an indispensable party
whom the court cannot acquire jurisdiction.
Compulsory Counter-claim and Motion to Dismiss are incompatible
remedies. (Financial Building vs Forbes)
(REVIEW JURISDICTION TABLE)
Jurisdiction of the RTC over the main action necessarily carries with
it jurisdiction over the compulsory counterclaim which is merely
ancillary. If the main action is within the jurisdiction of the RTC, it
can try a counterclaim which is below its jurisdiction provided it
arose out of or is connected with the transaction.
Criteria or Tests determining the Compulsoriness of Counterclaims
1.) Are the issues of fact and law raised by the claim and
counterclaim largely the same?
2.) Would res judicata bar a subsequent suit on defendant’s
claim absent the compulsory counterclaim?
3.) Will substantially the same evidence support or refute
plaintiff’s claim as well as defendant’s counterclaim?
4.) Is there any logical relationship between the claim and
counterclaim?
(Tan vs Kaakbay Finance)
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CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
Sec. 8 Cross-claim – A Cross claim is any claim by one party against
a co-party arising out of the transaction or occurrence that is the
subject matter either of the original action or of a counterclaim
therein. Such cross claim may include a claim that the party against
it is asserted is or is may be liable to the cross-claimant for all or
part of a claim asserted in the action against the cross claimant.
A Cross Claim could not be the subject of an independent
adjudication once it is lost, the nexus upon which its life depended.
The Cross claimants cannot claim more rights than the plaintiffs
themselves, on whose cause of action the cross claim depended. The
dismissal of the complaint divested the cross claimants of whatever
appealable interest they might have had before and also made the
cross claim no longer viable. A counterclaim can exist without the
original complaint, cross-claim cannot. In cross-claim, once the main
action is dead, the cross-claim is automatically dead too. (Ruiz vs CA)
Sec. 9 Counter counterclaims and Counter Cross-claims – A
counterclaim may be asserted against an original counter-
claimant.
A cross-claim may also be filed against an original cross-claimant.
Sec. 10 Reply – A reply is a 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 such new matters.
If a party doesn’t file such reply, all the new matters alleged in the
answer are deemed controverted(automatically denied).
If the plaintiff wishes to interpose any claim arising out of the new
matters so alleged, such claims shall be set forth in an amended or
supplemental complaint.
General Rule: A Reply is only optional.
Exception:(Suspended) In cases where the answer alleges the
defense of usury in which case a reply under oath is required
otherwise the allegation of usury is deemed admitted or is based on
an actionable document in which case a verified reply is necessary
otherwise the genuineness and execution of said actionable
document is generally deemed admitted.
Sec. 11 A third (fourth, fifth, etc.) party complaint is a claim that a
defending party may(must), with leave of court, file against a
person not a party to the action, called the third party defendant,
for contribution, indemnity, subrogation or any other relief, in
respect of his opponent’s claim.
Third Party complaint MUST be with a leave of court, unlike in
counterclaims and cross-claims. There is no vested right to file a
third party complaint. (Tayao vs Mendoza)
There must be a substantive basis and cause of connection between
the original complaint and the third party complaint. (ACDC vs CA)
Four Tests to determine the propriety of a Third Party Complaint
1.) If it arises out of the same transaction on which the
plaintiff’s cause of action is based
2.) If the third party complaint, although arising out of
another transaction, is connected with plaintiff’s cause of
action.
3.) Third party defendant would be liable in whole or in part
to the original plaintiff’s claim, although the third party
defendant’s liability arises out of another transaction.
4.) Third party defendant may assert any defense which the
third party plaintiff has or may have against plaintiff’s
claim.
(Casupanan vs CA)
Sec. 12 Bringing New Parties – When the presence of parties other
than those in the original action is required for the granting of
complete relief in determination of a counterclaim or cross-claim,
the court shall order them to be brought in as defendants, if
jurisdiction over them can be obtained.
SHADOW NOTES
Jack Anino
The general rule is that the defendant cannot by a counterclaim
bring into action any claim against persons other than the pleading.
However, there is an exception which is provided under section 12,
if it is necessary to include 3rd persons in a counterclaim or cross-
claim, the court may order him to be brought as defendants.
(Sapugay vs CA)
Sec. 13 A third party defendant may allege in his answer his
defenses, counterclaims, cross-claims, including such defenses that
the third party plaintiff may have against the original plaintiff. In
proper cases, he may also assert a counterclaim against the
original plaintiff in respect of the latter’s claim against third party
plaintiff.
RULE 7
(PARTS OF A PLEADING)
Sec. 1 The Caption sets forth the:
1.) Name of the court
2.) Title of the action
3.) And docket number if assigned
The title of the action indicates the names of the parties. They shall
all be named in the original complaint or petition, but in the
subsequent pleadings it shall be sufficient if the name of the first
party on each side be started with an appropriate indication when
there are other parties.
Their respective participation in the case shall be indicated.
General Rule: Names of all the parties are required to be stated.
Exceptions:
1.) Subsequent pleadings
2.) Class suit
3.) When the identity of the defendant is unknown
4.) When you sue an entity without judicial personality
5.) If a party is sued in his official capacity, official designation
is sufficient
Sec. 2 The body of the pleadings sets forth:
1.) Its designation
2.) The allegations of the party’s claims or defenses
3.) The relief prayed for
4.) And the date of the pleading
A.) Paragraphs- The allegations in the body of a pleading
shall be divided into paragraphs so numbered as to be
readily identified, each of which shall contain a
statement of a single set of circumstances so far as that
can be done with convenience. A paragraph may be
referred to by its number in all succeeding pleadings.
B.) Headings- When two or more causes of action are joined,
the statement of the first shall be prefaced by the words
“First Cause of Action”, of the second by “Second Cause of
Action”, and so on for others.
When one or more paragraphs in the answer are addressed to
one of several causes of action in the complaint, they shall be
prefaces by the words “answer to the first cause of action” or
“answer to second cause of action” and so on; and when one
or more paragraphs of the answer are addressed to several
causes of action, they shall prefaced by the words to that
effect.
C.) Relief- The pleading shall specify the relief sought, but it
may add a general prayer for such further or other relief
as may be deemed just or equitable.
D.) Date- Every pleading shall be dated.
The Prayer or Relief is not part of the main action but it may
enlighten the court as to the nature of action.
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CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
As a general rule, if a relief is not specifically prayed, the court
cannot grant it. However it may be added in the general prayer and
the court may grant it if all the elements of the cause(s) of action are
alleged in the pleading. (PCIC vs PNCC)
Sec. 3 Signature and Address – Every pleading must be designed by
the (1)Party OR (2)Counsel representing him, stating in either case
his address which should not be a post office box.
(Implied Certification in Pleading) The signature of counsel
constitutes a certificate by him that he:
a.) Has read the pleading
b.) That to the best of his knowledge, information, and belief
there is good ground to support it
c.) And that it is not interposed for delay.
An unsigned pleading produces no legal effect. However, the court
may, in its discretion, allow such deficiency to be remedied if it
shall appear that the same was due to:
a.) mere inadvertence
b.) and not intended for delay.
Counsel shall be subject to appropriate action when he:
a.) deliberately files an unsigned pleading
b.) signs a pleading in violation of this Rules
c.) alleges a scandalous or indecent matter therein
d.) fails to promptly report to the court a change of his
address.
Unsigned pleadings may be stricken out as sham or false and the
action may proceed as though the pleadings has not been served or
as if it does not exist.
Lawyers must include:
a.) address(not PO BOX)
b.) IBP or Life number
c.) PTR Number
d.) MCLE Compliance #
e.) Fax/telephone/cellphone #s
f.) Roll of Attroneys
g.) Notary Number for notarization
In cases of juridical persons, only persons authorized thru board
resolution may sign the pleading. (SOPA vs Santos)
In some cases decided by the court, the following may sign the
pleading without authorization from the board resolution:
1.) President or CEO
2.) Corporate Secretary
3.) Head of the business whose decisions are legally binding
upon the juridical entity
In appeals, signature of all indispensable parties are not required.
Sec. 4 Except when otherwise specifically required by law or rule,
pleadings need not be under oath, verified or accompanied by
affidavit.
A pleading is verified by an affidavit that the affiant has:
1.) Has read the pleadings
2.) And that the allegations therein are true and correct
based on his/her:
a. Personal knowledge OR/AND
b. Authentic records
A pleading required to be verified shall be treated as unsigned
pleading(or sham) if it contains a verification based on:
1.) Information and belief
2.) Knowledge, information and belief
3.) Lacks a proper verification
Verification is an affidavit accompanying the pleading that the
pleader will certify that he prepared the pleading and that all the
allegations therein are true and correct. The purpose is to insure
good faith in the averments of pleading. Although lack of verification
in a pleading is a formal defect, not jurisdictional defect, and can be
cured by amendment. (Phil. Bank of Commerce vs Macadaeg)
SHADOW NOTES
Jack Anino
A party need not sign the verification, unless required by the Rules.
(Mediserve vs CA)
General Rule: Pleadings need not be verified
Exceptions:
1.) Rule 8 – When you deny execution of actionable
document
2.) Summary Rules Pleadings
3.) Special Civil Actions –Certiorari, Prohibition and
Mandamus
4.) Petition to annul marriage
5.) Writ of Habeas Corpus/Writ of Amparo
6.) Small Claims
A pleading based on “personal knowledge and belief” is not
sufficient and shall be treated as unsigned or sham. (Go vs CA)
Sec. 5 Certification against Forum Shopping – The plaintiff or the
principal party shall certify under oath in the (1)complaint or
(2)other initiatory pleading asserting a claim for relief, or in a
(3)sworn certification annexed thereto and simultaneously filed
therewith:
a.) That he has not therefore commence any action or filed
any claim involving the same issues in any court, tribunal,
or quasi-judicial agency and to the best of his knowledge,
no such other action is claim or pending therewith
b.) If there is such other pending action or claim, a complete
state of status thereof, and
c.) If he should thereafter learn that the same or similar
action or claim has been filed or pending, he shall report
the fact within 5 days therefrom the court wherein his
aforesaid complaint or initiatory pleading has been filed.
Failure to comply with the foregoing requirements shall not be
curable by mere amendment of complaint or other initiatory
pleading but shall be a cause for dismissal of the case without
prejudice, unless otherwise provided, upon motion and after
hearing. The submission of a false certification or non-compliance
with any of the undertakings therein, shall constitute an indirect
contempt of court, without prejudice to the corresponding
administrative and criminal action. If the acts of the party or his
counsel clearly constitute willful and deliberate forum shopping,
the same shall be ground for summary dismissal with prejudice and
shall constitute direct contempt, as well as cause for administrative
sanctions.
Forum Shopping is the unethical practice of filing identical cases in
two or more tribunals hoping that if he may fail one case, he may
succeed in one
Other Initiatory Pleadings:
a.) Third Party complaint
b.) Permissive Counterclaims
c.) Cross claims
d.) Petitions for review
e.) Complaint-in-intervention
It is now discretionary on the court to determine whether to dismiss
or not to dismiss the case filed without a Certificate of Non Forum
Shopping(CNFS). While it is a ground for dismissal, the court may
just choose to amend it.
If a pleading is dismissed since it was filed without CNFS, the plaintiff
may just re-file the case now attached with a CNFS.
The CNFS applies only to permissive counterclaims because there is
no possibility of Forum Shopping in Compulsory Counterclaims.
(Santo Tomas University Hospital vs Surla)
Compulsory counterclaim is not an initiatory pleading, therefore
CNFS is not necessary and may be dispensed with. (Ponciano vs
Parentita)
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CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
(Tests) Requisites/Elements of Forum Shopping:
1.) Identity of Parties
2.) Identity of Cause of Actions
3.) Identity of Relief Sought
Cases filed or pending before quasi-judicial bodies must be included
and averred in the CNFS. (Mandaue vs Isidro)
All parties must sign the CNFS, exceptions:
1.) Case has been dragged for a long time
2.) They executed SPA to the counsel
3.) If the parties are so numerous and it is impossible to get all
their signatures, it is enough that majority of them
signed.(Torres vs Specialized)
A Counsel only when authorized by the corporation may sign the
CNFS (BA Saving vs Sia)
A resident agent is not automatically authorized to sign CNFS.
(Expert Travel vs CA)
When the husband is in abroad, the signing of the wife of the CNFS
is considered as substantial compliance. (Estares vs CA)
If on appeal, the pleading may outrightly be dismissed even without
a Motion to Dismiss if there is no CNFS. (Levi Strauss vs Vogue)
In an application for Writ of Possession, CNFS is not required.
(Ancheta vs Metrobank)
In cases of juridical corporations, the following may sign the CNFS
without authorization from a board resolution:
1.) CEO or President
2.) General Manager
3.) Chairperson
4.) Personnel Officer in a Labor Case
5.) Corporate Secretary
(Cebu Metro vs CA)
False certification is tantamount to Forum Shopping. (RMC vs
Singson)
Even when the venues are not similar, like RTC-
judicial(Disqualification of candidate based on election fraud) and
COMELEC(administrative tribunal(Disqualification based on
candidate’s qualifications), if the relief sought is still substantially the
same, there is still a violation of Forum Shopping. (Wacnang vs
COMELEC)
RULE 8
(MANNER OF MAKING ALLEGATIONS IN
PLEADING)
Sec. 1 Every pleading shall contain in a methodological and logical
form, a plain, concise and direct statement of ultimate facts on
which the party pleading relies for his claim or defense, as the case
may be, omitting the statement of mere evidentiary facts.
If a defense relied on is based on law, there pertinent provisions
thereof and their applicability to him shall be clearly and concisely
stated.
Ultimate Facts (Factum Probandum) – Those which are essential to
one’s cause of action.
Evidentiary Facts (Factum Probans) – Those which will prove the
ultimate facts.
Matters that should not be stated in a Pleading:
1.) Facts which are presumed by law
2.) Conclusions of facts or law
3.) Matters which are in the domain of judicial notice
SHADOW NOTES
Jack Anino
If it can be deleted and the cause of action is still complete, then it is
not a statement of ultimate fact.
A bare allegation that one is entitiled to something is an allegation
of a conclusion. Such allegation adds nothing to the pleading.
(Mathay vs Consolidated Bank)
Sec. 2 Alternative Causes of action or defenses – A party may set
forth two or more statements of a claim or defense alternatively or
hypothetically, either in one cause of action or defense or in
separate causes of action or defenses. When two or more
statements are made in the alternative and one of them if made
independently would be sufficient, the pleading is not made
insufficient by the insufficiency of one or more of the alternative
statements.
The plaintiff or the defendant may plead causes of actions or
defenses, alternatively or hypothetically although they may be
inconsistent with each other. As long as each claim or defense is
consistent by itself.
The insufficiency of one claim or defense does not affect the
sufficiency of claim or defense of the other. This is what we call a
SHOTGUN ANSWER.
Sec. 3 Conditions Precedent – In any pleading, a general averment
of the performance or occurrence of all conditions precedent shall
be sufficient.
General averment is enough.
Examples:
a.) Barangay Conciliation
b.) Exhaustion of administrative remedies
Sec. 4 Capacity – The following Facts must be averred:
1.) Capacity of a party to sue or to be sued
2.) The authority of a party to sue or to be sued in a
representative capacity
3.) The legal existence of an organized association of persons
that is made a party
A party desiring to raise an issue as to the legal existence of any
party or the capacity of any party to sue or be sued in
representative capacity, shall do so by specific denial, which shall
include such supporting particulars as are peculiarly within the
pleader’s knowledge.
Capacity to sue is a right personal to its holder. It is conferred by law
and not by parties.
Sec. 5 Fraud, Mistake, condition of the Mind –
The following averments must be stated with PARTICULARITY:
1.) Fraud or
2.) Mistake
3.) Circumstances constituting fraud or mistake
4.) (Sec. 4-Capacity to sue and be sued )
5.) (Sec. 4-Legal existence of any party to sue and be sued)
When these are not stated with particularity, a Motion for Bill of
Particulars may be filed. (Associated Bank vs Montano)
The following may be averred GENERALLY:
1.) Malice
2.) Intent
3.) Knowledge
4.) Other condition of the mind of a person
5.) (Sec. 3-Conditions precedent)
6.) (Sec. 6-Judgment)
7.) (Sec. 9 Official document or Act)
Sec. 6 Judgment – In a pleading or decision of domestic or foreign
court, judicial or quasi-judicial tribunal, or of a board or officer, it is
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CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
sufficient to aver the judgment or decision WITHOUT setting forth
the matter showing jurisdiction to render it.
No need to aver or show that the deciding court/tribunal has
jurisdiction. It is presumed.
Sec. 9 Official Document or Act – In pleading an official document
or official act, it is sufficient to aver that the document was issued
or the act done in compliance with law.
Sec. 7 Action or defense based on document –Whenever an action
or defense is based upon a written document, the substance of
such instrument or document shall be:
A.) First Type
1.) Set forth in the pleading and
2.) The original OR copy thereof shall be attached to the
pleading as an exhibit
B.) Second Type:
1.) Said copy may with like effect be set forth or quoted
in the pleading(No need to attach copy)
ACTIONABLE DOCUMENT – One which is the basis or the foundation
of the cause of action or defense and not merely an evidence of the
cause of action or defense.
If it is actionable it must be pleaded in a manner provided by Section
7.
If section 7 is not followed, the adverse party may more to dismiss
the complaint for violation of the rules.
Samples of Actionable Documents:
1.) Promissory Notes
2.) Surety Agreement
3.) Insurance Policies
4.) Negotiable Instruments
Sec. 8 How to contest actionable documents – When an action or
defense is founded upon a written instrument, copied in or
attached to the corresponding pleading as provided by the
preceding section, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse party:
a.) under oath,
b.) specifically denies them, and
c.) sets forth was he claims to be the facts;
BUT the requirement of an oath does not apply when the adverse
party does not appear to be a party to the instrument or when
compliance with an order for an inspection of the original is
refused.
The following facts are deemed admitted when the genuineness
and due execution of an actionable document are admitted(or not
contested under oath):
1.) The party whose signature it bears signed it
2.) If signed by another, it was signed with authority
3.) At the time it was signed, it was in words and figures
exactly as set out in the pleading
4.) The document was delivered
5.) The formal requisites such as seal, notarization or revenue
stamp are waived by it.
If genuineness and due execution are admitted, defenses which are
inconsistent with admission of genuineness and due execution are
deemed automatically waived. (Hibberd vs Rhode)
If there is no specific denial made, then there is an implied
acceptance of genuineness and due execution of the document.
(Filtex vs CA)
SHADOW NOTES
Jack Anino
Notwithstanding admission of the genuineness and due execution
of an actionable document, the following defenses can still be
raised:
1.) Payment
2.) Want or illegality of consideration
3.) Fraud
4.) Mistake
5.) Compromise
6.) Statute of limitations
7.) Estoppel
8.) Duress
9.) Minority
10.) Imbecility
11.) Or any other defense not inconsistent with the admission
of genuineness
However, the benefit of the admission of genuiness and due
execution of an actionable document can still be waived in the
following:
1.) Where the pleader presented witnesses to prove
genuineness of document, and the adversary proved,
WITHOUT OBJECTION, the contrary
2.) Where the pleader fails to object the evidence
controverting the genuineness of the document
3.) Parties or counsels do not remember Rule 8 Section 8
When simple denial(no need of an under oath) is enough:
1.) When the adverse party does not appear to be a party to
the instrument
2.) When compliance with an order for an inspection of the
original instrument is refused
3.) Document is not actionable, merely evidentiary.
When filing a REPLY is compulsory:
1.) When defendant anchors his defense on an actionable
document and plaintiff will deny its due execution and
genuineness
SPECIFIC DENIAL – NEGATIVE DEFENSE
Sec. 10 Modes of Specific Denial – A defendant must:
1.) Specify each material allegation of fact the truth of which
he does not admit and whenever practicable shall set
forth the substance of the matters upon which he relies to
support his denial
Specifically deny and state the basis of denial. If he fails to
state the basis or substance of his denial, it shall be
considered as a General denial and shall have the effect of
automatically admitting the allegations in complaint
2.) Where a defendant desires to deny only a part of an
averment, he shall specify so much of it as is true and
material and shall deny only the remainder
Negative Pregnant – When you say you are denying the
entire paragraph, when actually you are only denying a
part of it or its qualification
3.) Where a defendant is without knowledge or information
sufficient to form a belief as to the truth of a material
averment made in the complaint, he shall so state, and
this shall have the effect of a denial
This must be done in good faith, or else the denial shall be
treated as an admission.
Sec. 11 Allegations not specifically denied deemed admitted –
Material averment in the complaint shall be deemed admitted
when not specifically denied, except:
1.) Amount of unliquidated damages
2.) Immaterial averments
3.) Evidentiary matters
4.) Conclusions of facts or law
Allegations of usury in a complaint to recover usurious interest are
deemed admitted if not denied under oath
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CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
Examples of unliquidated damages:
1.) Moral and exemplary damages
Sec. 12 Motion to Strike Out a Pleading or Portion thereof –
Striking out of pleading or matter(part) contained therein:
1.) Upon motion made by a party before responding to a
pleading
2.) If no responsive pleading is permitted by these rules and
upon motion made by a party within 20 days after the
service of the pleading upon him
3.) Upon the court’s own initiative at anytime
The court may order any pleading to be stricken out, GROUNDS:
1.) Sham or false
2.) Redundant
3.) Impertinent
4.) Scandalous matter is inserted
Sec. 3, Rule 7
5.) Unsigned pleading unless remedied due to mere
inadvertence only and not intended for delay
6.) Deliberately files an unsigned pleading
7.) Signs it in violation of this rule
8.) Alleges a scandalous or indecent matter
9.) Fails to promptly report to court the change of
address
RULE 9
(EFFECT OF FAILURE TO PLEAD)
Sec. 1 Defenses and objections not pleaded
GENERAL RULE: Defenses and objections are deemed waived when
not pleaded in a:
1.) In a motion to dismiss or,
2.) In the answer
EXCEPTION(But must appear in pleadings or evidence on record):
1.) Court has no jurisdiction over the subject matter
2.) There is another action pending with the same parties for
the same cause (LitisPendentia)
3.) Action is barred by prior judgment
4.) Action is barred by prescription or laches
The presence of these grounds authorizes the court to MOTU
PROPRIO dismiss the claims.
The exceptions can be raised at any time during or after the trial, or
even at the first time on appeal.
Failure to undergo barangay conciliation is not a ground for
motuproprio dismissal. (Aquino vs Aure)
When the defense of forum shopping is not raised or pleaded, it is
deemed waived. (Villaluz vs Ligon)
Sec. 2 A compulsory counterclaim, or a cross claim, not set up shall
be barred.
Sec. 3 Declaration of Default – If the defending party fails to
answer within the time allowed therefore, the court shall declare
the defending party in default upon:
a.) motion of the claiming party
b.) with notice to the defending party,
c.) and proof of such failure
Thereupon, the court shall proceed to render judgment (in default)
granting the claimant such relief as his pleading may warrant,
unless the court in its discretion requires the claimant to submit
evidence. Such reception of evidence may be delegated to the clerk
of court.
Court cannot declare motu proprio a defendant in default. There
must be a motion from the other party/plaintiff.(Sablas vs Sablas)
SHADOW NOTES
Jack Anino
Failure to appear during hearing is not a ground for Order of Default.
(Case of Monzon)
An order of default is not appealable. It is an interlocutory judgment.
If a defendant is declared in default, he is deemed to have admitted
the allegations in the complaint.
If a defendant files an answer but did not furnish a copy to the
plaintiff, the plaintiff can still file a motion to declare defendant in
default since he is deemed not to have legally filed an answer and it
was not in accordance with the Rules of Court. (Gonzales vs
Francisco)
A defendant cannot be declared in default when he has filed a
motion to dismiss or motion for bill of particulars since the filing of
such interrupts the running of the period to answer. It shall run
again from the moment he receives the order denying his motion.
(Hernandez vs Clapis)
Effect of Order of Default – A party in default shall be entitled to
notice of subsequent proceedings but not to take part in trial.
Relief from Order of Default – A party declared in default may at
any time after notice thereof and before judgment file a Motion to
Lift the Order of Default. Steps:
1.) It must be verified and under oath
2.) Upon proper showing that his failure to answer was due
to:
a. fraud,
b. accident,
c. mistake
d. excusable negligence
3.) He has a meritorious defense
In such case, the order of default may be set aside on such terms
and conditions as the judge may impose in the interest of justice.
A Motion to Lift Order of Default is the proper remedy and not a
Motion for Reconsideration in setting aside an Order of Default.
(BDO vs Tansipek)
If the motion to Lift Order of Default is not under oath, not due to
FAME, and no allegation of meritorious defense and intention to
present evidence, Order of default cannot be set aside. (David vs
CA)
Effect of Partial Default – When a pleading asserting a claim states
a cause of action against several defending parties, some of whom
answer and the others fail to do so, the court shall try the case
against all upon the answers thus filed and render judgment upon
the evidence presented.
Extent of Relief to be Awarded – A judgment rendered against a
party in default shall not:
1.) exceed the amount prayed for
2.) be different in kind from that prayed for
3.) award unliquidated damages
Remedies of a Defendant Declared in Default:
1.) Before Judgment – Motion to lift Order of Default
2.) Judgment has been render but has not yet become final
and executory –Motion for New Trial
3.) Judgment has become final and executory – Petition for
Relief or file an Appeal
Where no Defaults allowed – If the defending party in (1)action for
annulment or (2)declaration of nullity of marriage or (3)for legal
separation fails to answer, the court shall order the prosecuting
attorney to investigate whether or not a collusion between parties
exist, and if there is no collusion, to intervene for the state in order
to see to it that the evidence submitted is not fabricated.
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CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
RULE 10
(AMMENDED AND SUPPLEMENTAL PLEADINGS)
Part I – Amendments
Sec. 1 Amendments in general – Pleadings may be amended by:
1.) Striking out an allegation or the name of the party
2.) Correcting a mistake in the name of a party or a mistaken
or inadequate allegation or description in any other
respect
Purpose: So that actual merits of the controversy may speedily be
determined, without regard to technicalities, and in the most
expeditious and inexpensive manner.
Two Types of Amendments:
1.) Amendment as a Matter of Right – Court or adverse party
has no right to prevent him.
2.) Amendment as a Matter of Judicial Discretion(with leave
of court) –Court may allow or may not allow him. Adverse
party has the right to oppose.
Two Kinds of Amendments:
1.) Formal Amendment
2.) Substantial Amendment
Sec. 2 Amendment as a Matter of Right – A party may amend his
pleading once as a matter of right at any time before a responsive
pleading is served. In the case of a Reply, at any time within 10
days after it is served.
If defendant wants to change his Answer, he may amend it at any
time before a reply is filed or before the expiration of the period to
file a reply since a reply may or may not be filed.
Before the filing of a responsive pleading, a party has the absolute
right to amend his pleading, regardless of whether a new cause of
action or change in theory is introduced. It is settled that a motion
to dismiss is not the responsive pleading contemplated by the rule.
It follows that the plaintiff may file anamended complaint even after
the original complaint was ordered dismissed provided the order has
not yet become final and executory. (Bautista vs Maya-Maya)
Amendment as a Matter of Right, when:
A.) Complaint – Before an answer is filed
B.) Answer – Before a reply is filed or expiration time to file a
reply
C.) Reply – Anytime within 10 days after it is served with the
answer
Sec. 3 Amendments by Leave of Court(Matter of Judicial Discretion)
– Except as provided in the next preceding section, substantial
amendments may be made only upon a leave of court. But such
leave may be refused if it appears to the court that the motion was
made with intent to delay.
Steps in Making a Substantial Amendment(Judicial Discretion):
1.) File a Motion for Leave of Court to admit amendment
2.) Serve copy/notice to the adverse party
3.) Schedule hearing – adverse party is given opportunity to
be heard
When can the court refuse to allow the amendment and when can
you validly oppose it:
1.) Amendment is to delay action
2.) Amendment is for purpose of making the complaint confer
jurisdiction upon the court
3.) When amendment is for purpose of curing a premature or
non-existing cause of action
Courts are not precluded from allowing amendments of pleadings
even if the same will substantially change the cause of action or
defense provided that such amendments do not result to a
SHADOW NOTES
Jack Anino
substantial injury to adverse party. Amendments are favored and
should be liberally allowed in furtherance of justice unless dilatory.
(Marini-Gonzales vs Lood)
Unless the plaintiff has a valid cause of action at the time his action
is commences, the defect cannot be cured or remedied by the
acquisition or accrual of one while the action is pending, and a
supplemental complaint or an amendment setting up such after-
accrued cause of action is not permissible. (Swagman vs CA)
Sec. 4 Formal Amendments – The following may be summarily
corrected by the court at any stage of action, at its initiative or
motion of party, provided no prejudice is causes thereby to adverse
[arty:
1.) A defect in the designation of the parties
2.) Other clearly clerical or typographical errors
Sec. 5 Amendment to conform to or authorize presentation of
evidence
GENERAL RULE: Objections and Defenses not raised are deemed
waived
EXCEPTION:When issues not raised by the pleadings are tried with
the express or implied consent of the parties, they shall be treaded
in all respects as if they had been raised in the pleadings. Such
amendment of the pleadings as may be necessary to cause them to
conform to the evidence and to raise these issues may be made
upon motion of any party at any even after judgment;BUT FAILURE
TO AMEND does not affect the result of the trials of these issues.
EXCEPTION TO THE EXCEPTION: If there is an objection to the trial
of the issues not raised in the pleadings
EXCEPTION OF THE EXCEPTION TO THE EXCEPTION:If evidence is
objected to at the trial on the ground that it is not within the issues
made at by the pleadings, the courts may still allow the pleadings
to be amended and shall do so with liberality if the presentation of
the merits of the action and ends of justice will be subserved
thereby.
The court may grant continuance to enable the amendment to be
made.
If the issues not raised in the pleading are not objected, and even if
objected as long as for the purpose of promoting the ends of justice,
the issues are shall be treated as if they are raised in the pleadings
whether the complaint was amended or not. (PEF vs PII)
Part II – Supplemental Pleadings
Sec. 6 Upon motion of a party the court may, upon reasonable
notice and upon such terms as are just, permit him to serve a
supplemental pleading setting forth transactions, occurrences or
events which have happened since the date of the pleading sought
to be supplemented. The adverse party may plead thereto within
10 days from notice of order admitting the supplemental pleading.
(Supervening events)
Conflicting Cases;
STRICT:
A supplemental complaint must be based on matters arising
subsequent to the original complaint and related to the claims
presented therein and founded on the same cause of action. It
cannot be used to try another matter or a new cause of action.
(Leobrera vs CA)
There must be a unity of the problems presented. (APT vs CA)
LIBERAL:
The fact that the supplemental pleadings technically states a new
cause of action should not be a bar to its allowance but only a factor
to be considered by the court in exercise of its discretion. (Young vs
Sy and Planters vs LZK)
Other cases:
The transaction, occurrence or event happening since the filing of
the pleading, which is sought to be supplemented, must be pleaded
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CIVIL PROCEDURE (Rule 6-14) SHADOW NOTES
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo Jack Anino

in aid of a party’s right of defense as the case may be, and not to
justify a new relief sought. However, the new so call supplemental
pleading may simply be treated as embodying amendments to the
original complaint or plaintiff may be required to file an amended
complaint. (Superclean Services vs CA)
Sec. 2 Answer of a Defendant Foreign Private Juridical Entity –
Where the defendant is a foreign private juridical entity and service
of summons is made on the government official designated by law
to receive the same, the answer shall be filed within 30 days after
receipt of summons by such entity.

Cause of action should not be substantially changed and theory of Must be doing business here in Philippines so that it can be sued.
the case must not be altered. (Soriano vs CA) When to Answer? Depends:
a.) Has a Resident Agent: 15 days
Sec. 7 Filing of amended pleadings – When any pleading is b.) No Resident Agent, therefore under Corporation Code, the
amended, a new copy of the entire pleading, incorporating the summons shall be served to the government official
amendments, which shall be indicated by appropriate marks, shall designated to receive the same: 30 days
be filed.
Sec. 3 Answer to Amended Complaint
The amendments should be underlined for convenience. When Matter of Right:
Where the plaintiff files an amended complaint as a matter of
Sec. 8 Effect of amended pleadings – An amended pleading right, the defendant shall answer within 15 days after being served
supersedes the pleading that it amends. However, admissions in a copy thereof.
superseded(original) pleadings may be received in evidence against When Matter of Judicial Discretion(Leave of Court)
the pleader; and claims and defenses alleged therein not Where its filing is not a matter of right. The defendant shall answer
incorporated in the amended pleading shall be deemed waived. the amended complaint within 10 days from notice of the order
admitting the same. An answer earlier filed may serve as the
Distinction Amended Pleading Supplemental answer if no new answer is filed.
Pleadings This rule shall apply to amended counterclaims, cross-claims, third
Allegation Happened before Happened after party complaints, and complaint-in-intervention.
filing of original filing of original
complaint. complaint. The 10 day period will be counted from the SERVICE OF ORDER
Effect Supersedes the Does not admitting the amended complaint, not from the service of the
original complaint. supersede. There amended complaint because the same may not be admitted.
will be two
pleadings standing Sec. 4 Answer to Counterclaim or Cross-Claim – A counterclaim or
side by side with cross-claim must be answered within 10 days from service.
each other.
As to Filing Could be a matter Always a matter of The original plaintiff need not answer a counterclaim and not be
of right or judicial judicial discretion.
declared in default if the issues in counterclaim and the main action
discretion. There must be a
are so intertwined that his answer would only be a repetition of
leave of court.
what he said in the complaint.
Sec. 8 Effect of Amended Pleadings – An amended pleading
Sec. 5 Answer to Third Party Complaints – The time to answer a
supersedes the pleading that it amends. However, admissions in
third party complaint shall be governed by the same rule as the
superseded pleadings may be received in evidence against the
answer to the complaint.
pleader; and claims and defenses alleged therein not incorporated
in the amended pleading shall be deemed waived.
General Rule of 15 days shall be applied unless it falls within the
exception provided by Section 1 and the answer to amended
Rule in Evidence: If a pleading is amended and the amended
complaints provided by Section 3.
pleading does not contain the admissions contained in the original
pleading, the judicial admission is now converted into an extra-
Sec. 6 Reply – A Reply MAY be filed within 10 days from the service
judicial admission and therefore the court will no longer take judicial
of the pleading responded to.
notice of that. If the original pleading is now superseded, the original
must be offered by the party as evidence to prove that an admission
The filing of a reply is optional, but if you file, you have 10 days from
found in the original can no longer be found in the amended
service of answer.
pleading.
Sec. 7 Answer to Supplemental Complaint – A supplemental
complaint may be answered within 10 days from notice of the
RULE 11 order admitting the same, unless a different period is fixed by
(WHEN TO FILE RESPONSIVE PLEADINGS) court. The answer to complaint shall serve as the answer to the
supplemental complaint if no new or supplemental answer is filed.
Sec. 1 Answer to the complaint – The defendant shall file his
answer to the complaint within 15 days after service of summons, Answer to a supplemental pleading is not mandatory. (Chan vs
unless a different period is fixed by court. Chan)

General Rule: 15 days from service of summons
Exceptions:
1.) Service of summons by publication – not less than 60 days
2.) Foreign private juridical entity if served on government
officer -30 days
3.) Summary Rule – 10 days
Rule 22, Sec. 2The day of the act that caused the interruption shall
be excluded in the computation of the period. The day you filed your
motion is already excluded. (Labitad vs CA)
Sec. 8 Existing Counterclaim or Cross Claim- A COMPULSORY
Counterclaim or a Cross-claim that a defending party has at the
time he files his answer shall be contained therein.
Sec. 9 Counterclaim or cross-claim arising after an answer – a
counterclaim or a cross-claim which either matured or was
acquired by a party after serving his pleading may, with the
permission of the court, be presented as a counterclaim or a cross
claim by supplemental pleading before judgment.

8|P age
CIVIL PROCEDURE (Rule 6-14) SHADOW NOTES
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo Jack Anino

Sec. 10 Omitted Counterclaim or Cross-claim – When a pleader fails Reasons/grounds for a Motion for Bill of Particulars(MBP):
to set up a counterclaim or a cross-claim, he may set it up, by leave 1.) Pleading is not sufficient
if court, if failure is through the following: 2.) Not definite
a.) Oversight 3.) It is vague
b.) Inadvertence 4.) It is ambiguous
c.) Excusable neglect 5.) Unclear
d.) When justice requires 6.) Not particular

If issue/cause of action matured or was acquired after service of
pleading, he may set it up in a supplemental counterclaim/cross-
claim pleading. But if it already matured before he filed his pleading,
then he can raise it by an amended counterclaim/cross-claim
pleading.
A complaint cannot be dismissed simply because it is vague and
ambiguous. The proper remedy should be a bill of particulars.
(Pangan vs Evening News)
Evidentiary facts cannot be subject of a Motion for Bill of Particulars.

Sec. 11 Extension of time to Plead – The court may extend the time Fraud, mistake, and circumstances constituting fraud and mistake,
to plead upon: machinations, deceit, misrepresentations, threats, false
1.) Motion representations, fraudulent means are mere conclusions of facts and
2.) Such terms as may be just law and therefore may be subject of MBP. (Santos vs Liwag)
The court may also, upon motion and such just terms, allow an
answer or other pleading be filed after the time fixed by these If it is the answer that is vague, the plaintiff can file an MBP so that a
rules. proper Reply can be filed.

When it was filed beyond the reglementary period, the correct A Reply can be subject of MBP, and it must be filed within 10 days
motion is “Motion to admit late answer”. from service of such reply.

Admission of an answer filed belatedly us subject to discretion of the Sec. 2 Upon the filing of the motion, the clerk of court must
court. But as a general rule, the court must admit answers when the immediately bring it to the attention of the court which may either:
defendant is not yet declared in default. (Crisologo vs LBP) 1.) Deny it outright
2.) Grant it outright
The court should admit an answer or other pleading filed after the 3.) Allow the parties the opportunity to be heard
reglementary period fixed by rules and court or even beyond the
extension period requested as long as no order of default has yet Sec. 3 Compliance with the Order – If the motion is granted, in
been made. The court are liberal in allowing extensions and whole or in part, the compliance therewith must be effected within
admission of answer since judgments by default are generally 10 days from notice of the order, unless a different period is fixed
disfavored. (Cheng vs Javier) by the court. The bill of particulars or a more definite statement
ordered by the court may be filed either in a:
Pleadings Period a.) Separate pleading
Answer 15 days b.) Amended pleading
Answer of Private Foreign A copy thereof must be served with the adverse party.
Corporation
a.) With resident 15 days Sec. 4 Effect of non-compliance – If the order is not obeyed, or in
agent/representative case of insufficient compliance therewith, the court may:
b.) No resident/designated agent 30 days 1.) Order the striking out of whole pleading
(Government official will 2.) Order the striking out of a portion to which the order was
receive) directed
Answer to Amended Complaint 3.) Such other orders as it deems just
a.) Matter of Right
b.) Matter of Judicial Discretion 15 days Striking out is equivalent to dismissal, as if it was never filed.
10 days
Answer to Counterclaim or Cross 10 days
Sec. 5 Stay of period to file responsive pleading – After service of
Claim
bill of particulars or of a more definite pleading, or after notice of
Answer to third/fourth Party 15 days
denial of his motion, the moving party may file his responsive
complaints
pleading within the period to which he was entitled at the time of
Reply 10 days
filing his motion, which shall not be less than 5 days in any event.
Answer to Supplemental Complaint 10 days
Note: From service of summons/copies
Sec. 6 A Bill of Particulars becomes part of the pleading for which it
is intended.

RULE 12
(BILL OF PARTICULARS) RULE 12
(FILING AND SERVICE OF PLEADINGS,
Sec. 1 When applied for; purpose – Before responding to a
pleading, a party may for a definite statement or for a bill of JUDGEMENTS AND OTHER PAPERS)
particulars of any matter which is not averred with sufficient
definiteness or particularity, to enable him properly to prepare his Sec. 1 This rule shall govern the filing of all pleadings and other
responsive pleading. papers, as well as the service thereof, except those for which a
If the pleading is a reply, the motion must be filed within 10 days different mode of service is prescribed.
from service thereof.
Such motion shall point out the: Rule 13 is applicable to all pleadings except Complaint which is
1.) Defects complained of governed by Rule 14.
2.) The paragraphs wherein they are contained
3.) The details desired Sec. 2 Filing and Service – Filing is the act of presenting the
pleading or other paper to the clerk of court.

9|P age
CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
Service is the act of providing a party with a copy of the pleading or
paper concerned. If any party has appeared by counsel, service
upon him shall be made upon his counsel or one of them, unless
service upon the party himself is ordered by the court. Where one
counsel appears for several parties, he shall only be entitled to one
copy of any paper served upon him by the opposite side.
When a party is represented by a lawyer, the service should be to
the lawyer. Service to the lawyer binds the party, but service to the
party does not bind the lawyer. Service to party is not valid unless
the court ordered otherwise. (Phil. Radiant vs MetroBank)
Notice to lawyer who appears to have been unconscionably
irresponsible cannot be considered as notice to client. (Bayog vs
Natino)
Notice to anyone of the several counsel on record is equivalent to
notice to all and such notice starts the period for appeal
notwithstanding that other counsel has not received a copy thereof.
(PPA vs Sargaso)
Sec. 3 The filing of pleadings, appearances, motions, notices,
orders, judgements and all other papers shall be made by
PRESENTING THE ORIGINAL copies thereof, plainly indicated as
such by:
1.) Personally to the clerk of court OR
2.) Sending them by registered mail.
In the first case(personally), the clerk of court shall endorse on the
pleading the date and hour of filing.
In the second case(registered mail), the date of the mailing of
motions, pleadings, or any other papers or payments or
deposits, as shown by the (1)post office stamp on the
envelope or (2)the registry receipt, shall be considered as the
date of their filing, payment, or deposit in court.
The envelope shall be attached to the record of the case.
Two Modes of Filing
1.) Personally
2.) Registered Mail
a. Date of filing is the date of mailing
b. Not ordinary mail or through other carriers
If it is through ordinary mail or messengerial service, it shall be
considered as personal filing, and the date or time when the court
received such mail shall be the date of filing and not the date of
mailing unlike through registered mail. (Industrial vs NLRC)
Sec. 12 PROOF OF FILING – The filing of a pleading shall be proved
by:
1.) Its existence in the record of the case
2.) If not in the record, but claimed to have been filed, by
written or stamped acknowledgement of its filing by the
clerk of court on your own copy of the same
3.) If filed by registered mail, by registry receipt AND
affidavit of person who did the mailing containing:
a. Full statement of date
b. Place of depositing mail in the post office
c. In a sealed envelope addressed to the court
d. With postage fully prepaid
e. And instructions to the postmaster to return the
mail to the sender after 10 days if not delivered
FAX or Facsimile is not included under Electronic Commerce Act and
cannot be considered as electronic evidence, and therefore not
admissible as such cannot be considered as original copy. (MCC vs
Sangyong Corp)
Sec. 4 Papers required to be filed and served – Every judgment,
resolution, order, pleading subsequent to the complaint, written
motion, notice, appearance, demand, offer of judgment or similar
papers shall be
1.) filed with the court, and
2.) served upon the parties affected.
SHADOW NOTES
Jack Anino
Sec. 5 Modes of Service – Service of pleadings, motions, notices,
orders, judgments and other papers shall be made either:
1.) by personally (Personal Service)
2.) by mail
3.) by substituted service under Sec. 8
Sec. 6 FIRST MODE – PERSONAL SERVICE
Service of Papers may be made by:
1.) delivering personally a copy to the party(if not
represented by a counsel) OR his counsel
2.) by leaving it in his office with his clerk or with a person
having charge thereof
3.) If no person is found in his office, or his office is not known
or no office, by leaving the copy, between the hours of
eight in the morning and six in the evening, at the party’s
or counsel’s residence, if known, with a person of
sufficient age and discretion then residing therein
Service upon a lawyer must be effected at the exact given address of
the lawyer and not in the vicinity or at a general receiving station for
an entire multi-storied building with many offices. (PLDT vs NLRC)
While it is true that service to receiving section of a multi-storied
building was improper, but if it was going sometime and you are not
complaining since it has become a practice already, the service is
deemed effected. (PCI Bank vs Ortiz)
Sec. 10 Completion of service – Service is complete when:
1.) Personal Service: Upon actual delivery
2.) Ordinary Mail: Expiration of 10 days after mailing, unless
the court otherwise provides
3.) Registered Mail: Upon actual receipt by the addressee, or
after 10 days from the date he received notice from the
postmaster, whichever date is earlier.
Sec. 7 SECOND MODE – Service by registered mail shall be made by:
a.) depositing the copy in the post office,
b.) sealed in an envelope,
c.) plainly addressed to the party or his counsel at his office,
if known, or residence, if known,
d.) with postage fully prepaid,
e.) with instructions to the post master to return the mail to
the sender after 10 days if undelivered
If no registry is available in the locality of either the sender after 10
days if undelivered, service may be done by ordinary mail.
Ordinary mail is only allowed for service and not for filing. It shall be
treated as personal filing.
Sec. 8 Substituted Service – If service of pleadings, motions, notices,
resolutions, orders, and other papers cannot be made under the
two preceding section, the office and place of residence of the
party or his counsel being unknown, service may be made by:
a.) delivering the copy
b.) proof of failure of both the personal service and service
by mail.
The service is complete at time of such delivery.
Sec. 9 Service of Judgment, final orders or resolutions –
Judgements, final orders, or resolutions shall be served either:
1.) personally or
2.) registered mail
When a party summoned by publication has failed to appear in the
action, the judgments, final orders or resolutions against him shall
be served upon him also by publication at the expense of prevailing
party.
10 | P a g e
CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
Modes of Service of Judgments
1.) Personally
2.) By Registered mail
3.) By Publication(only to judgment and final orders)
Publication as a mode of service of judgments is only applicable
when the defendant is served summons by publication under Rule
14.
Sec. 11 Priorities in Modes of Service and Filing
Whenever practicable, service and filing of pleadings and other
papers shall be done personally.
When there is a resort to other modes, the filing of such pleading
to the court must be accompanied by a written explanation why
the service or filing was not done personally. Written explanation
shall not be applicable to papers emanating from court.
A violation of not being accompanied by a written explanation may
result to the paper as not being filed.
Sec. 13 Proof of Service
Proof of Personal service shall consist of a:
1.) Written admission of the party served, or
2.) Official return of server, or
3.) Affidavit of the party serving containing full statement of
date, manner and place of service.
Proof of Service by Ordinary mail shall consist of a:
1.) Affidavit of person mailing of facts showing compliance
of section 7(Only when no registry is available in the
locality)
Proof of service by Registered Mail shall consist of a:
1.) Affidavit and
2.) Registry receipt issued by mailing office
The registry return card shall be filed immediately upon its
receipt by the sender, or in lieu thereof the unclaimed letter
together with the certified or sworn copy of the notice given
by the postmaster to the addressee.
A certification from the postmaster would be the best evidence to
prove that there is constructive notice or notice has been validly
sent. (Johnson and Johnson vs CA)
Sec. 14 Notice of Lis Pendens – In an action affecting the (1) title or
(2) right of possession of real property, the plaintiff and the
defendant, when affirmative relief is claimed in his answer, may
record in the office of the registry of deeds of the province in which
the property is situated a notice of the pendency of the action.
Said notice shall contain the following:
a.) Names of the parties
b.) Object of the action or defense
c.) Description of the property in that province affected
thereby
Only from the time of filing such notice for record shall a purchaser
or encumbrancer of the property affected be deemed to have
constructive notice of the pendency of action and only of its
pendency against the parties designated by their real names.
The notice of Lis Pendens hereinabove mentioned may be cancelled
ONLY upon order of the court after:
1.) Proper showing that the notice is for purpose of
molesting the adverse party, or
2.) That it is not necessary to protect the rights of the party
who caused it to be recorded
Applicable to the defendant only when an affirmative relief in his
claim in the answer or counter-claim.
Applicable only to actions involving real properties.
Only the court may order the cancellation of the Notice of Lis
Pendens.
Only parties to the case may apply or Notice of Lis Pendens. A party
must first file an action for reconveyance or any action involving
such property in order that a notice of Lis Pendens may be
annotated. (Heirs of Lopez vs Enriquez)
SHADOW NOTES
Jack Anino
Actions where annotation of Lis Pendens is allowed:
1.) Action for Recovery
2.) Quieting title
3.) Partition
4.) Other actions where affirmative relief is sought
Actions where annotation of Lis Pendens is not allowed:
1.) Preliminary Attachment
2.) Levy
3.) Probate proceedings
4.) Administration of the estate of deceased
5.) Recovery of money
Even on appeal, you can still file Notice of Lis Pendens. (St. Mary vs
ROD)
Notice of Lis Pendens is not available in rescission, reformation of
contracts and other personal actions. (Tan vs Benolirao)
RULE 14
(SUMMONS)
Sec. 1 Summons shall be served to defendants upon:
a.) Filing of complaint
b.) Payment of docket fees
No service on the counsel required. It is issued to the defendants or
the parties.
If a complaint is amended, new summons must be served again only
when the defendant has not yet filed an answer. But if the
defendant has already filed an answer, there is no need of new
summons when the complaint has been amended. (Ong Peng vs
Custodio)
Sec. 2 Contents – Summons shall be:
a.) Directed to the defendant
b.) Signed by the clerk of court under seal
c.) Containing:
1.) Name of the court
2.) Name of the parties to the action
3.) Direction that defendant answer within time fixed by
rules
4.) Notice that unless defendant so answers, plaintiff
will take judgment by default and may be granted
relief prayed for.
A copy of the complaint and order for appointment of guardian ad
litem, if any, shall be attached to the original and each copy of the
summons.
Summons – a writ or process issued and served upon a defendant in
a civil action for the purpose of securing his appearance therein.
If the defendant is not served with summons, then the judgment is
void as the court never acquired jurisdiction over him. (Pagalaran vs
Bal-latan)
If a complaint is amended and a new defendant is included, new
summons must be served to the new defendant. However, if there is
substitution only, no new summons needed for the substituting
defendants. (Fetalino vs Sanz)
Before the defendant files his answer and an amendment is made by
the plaintiff, the defendant shall again have 15 days to file an answer
from the service of the new summons. If defendant has already filed
an answer and the complaint is amended, then he has 10 days only
to file a new answer from the receipt of order allowing amended
complaint.
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CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
Appearance is manifested in the following:
1.) Filing of an Answer
2.) Filing of Motion for extension
3.) Filing of Motion for Bill of Particulars
Sec. 3 Summons may be served by the:
1.) Sheriff
2.) Deputy Sheriff
3.) Other proper court officer
4.) Any suitable person authorized by the court for justifiable
reasons
Service of summons is ministerial in character and may be served
anytime of the day or night.
Sec. 4 Return – When the service has been completed, the server
shall, within 5 days therefrom:
a.) serve a copy of the return, (1) personally or by
(2)registered mail, to the plaintiff’s counsel and,
b.) shall return the summons to the clerk who issued,
c.) accompanied by proof of service.
Sec. 5 Issuance of Alias Summons – If summons is returned without
being served on any or all of the defendants, the server shall:
a.) serve a copy of the return on the plaintiff’s counsel,
b.) stating the reasons for failure of service
c.) within 5 days therefrom
In such case, or if the summons has been lost, the clerk, on demand
of plaintiff, may issue an alias summons.
Modes of Service of Summons to Individual Defendants:
1.) Sec. 6 Service in person on defendants
2.) Sec. 7 Substituted Service
3.) Sec. 14, 15, 16 Service by Publication
Sec. 6 FIRST MODE Service in person – Whenever practicable, the
summons shall be served by:
1.) Handling a copy thereof to the defendant in person
2.) If he refuses to receive and sign it, by tendering it to him
Sec. 7 SECOND MODE Substituted service – If for justifiable causes,
the defendant cannot be served within reasonable time as
provided in the preceding section, service may be effected by:
1.) Leaving copies of the summons at the defendant’s
residence with some person of suitable age and discretion
residing therein, or
2.) Leavingthe copies at the defendant’s office or regular
place of business with some competent person in charge
thereof.
Substituted Service in order to be valid, the following
circumstances must be present:
1.) Impossibility of service of summons within reasonable
time
2.) Efforts were exerted to locate petitioners(it must be
outlined with particularity)
3.) Service upon a person of sufficient age and discretion
residing or competent person in charge of his business or
regular place of work.
It is also essential that circumstances be stated in the proof of
service. Failure to comply with this rule renders absolutely void
the substituted service, and jurisdiction over the defendant is
deemed not acquired. (Sandoval vs HRET)
Substituted service is only applicable when there is failure of
personal service within reasonable time for justifiable causes.
However, substituted service of summons may still be considered as
valid even if the sheriff failed to state in his return of the facts of the
impossibility of prompt of service if server subsequently explains in
court, by giving testimony, the facts why he resorted to substituted
service. The plaintiff should not be made to suffer for the lapses
made or committed by officers of the court.
SHADOW NOTES
Jack Anino
If there is a joinder of parties, every defendant must be personally
served and must be given each copy of the summons. (Garcia vs
Sandiganbayan)
SUMMONS BY PUBLICATION
Sec. 14 Service upon a defendant whose identity or whereabouts
are unknown(But in the Philippines) – Service, by leave of court,
may be effected upon a defendant by publication in a newspaper
of general circulation and in such places and for such time as the
court may order when:
1.) Defendant is designated as an unknown owner, or the
like
2.) Whenever defendant’s whereabouts are unknown and
cannot be ascertained by diligent inquiry
To be applicable, the defendant is unknown or whereabouts
unknown but must be in the Philippines, otherwise the rule will not
be applicable.
Conflicting Cases:
This is applicable whether the action is in personam or in rem. It is
proper for all actions. (Fontanilla vs Dominguez)
Service of summons by publication is allowed only where the action
is in rem or quasi in rem. (Pantaleon vs Ascuncion) – More
acceptable.
In order to be applicable, convert your action from personam to in
rem by attaching the personal or real properties of the defendant in
the Philippines in order you can acquire lien over said properties.
Then, summons by publication may be effected. (Citizen’s Insurance
vs Herrera)
A diligent inquiry must be made in order that summons by
publication be valid. (Baltazar vs CA)
New Case:
The present rule expressly states “in any action”, therefore the rule
is applicable to rem and personam cases. (Santos vs PNOC)
Sec. 15 Extraterritorial Service
When applicable:
1.) Defendant does not reside in the Philippines, or
2.) Not found in the Philippines
AND
1.) Action affects personal status of plaintiff or relates
thereto, or
2.) Subject of which is property within the Philippines, in
which defendant has claims or interests, actual or
contingent, or
3.) The relief prayed consists, wholly or in part, in excluding
the defendant from any interest therein, or
4.) Property of defendant has been attached within the
Philippines
Service may be effected, with leave of court, by:
1.) By Personal service under sec. 6
2.) By Publication in a newspaper of general circulation in
such places and for such time as court may order,
a. in which case a copy of the summons and order
of the court shall be sent by registered mail to
the last known address of the defendant,
3.) By any other manner the court may deem sufficient.
Any order granting such leave shall specify a reasonable time,
which shall not be less than sixty days after notice, within
which the defendant must answer.
The action must be either in writing or quasi in rem. An action in
personam cannot be filed against a non-resident defendant. (Case of
Magdalena Estate)
If the defendant is a resident in abroad, it is not necessary that it
must be published in the newspapers abroad. It depends where the
publication was ordered by the court. If in abroad, then it must be
12 | P a g e
CIVIL PROCEDURE (Rule 6-14)
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo
published in abroad, if ordered to be published only here in
Philippines, then it must be published here nationally or locally.
While there is no prohibition against availing of a foreign newspaper
in extra-territorial service of summons, neither should such
publication in a local newspaper of general circulation be altogether
interdicted since, after all, the rule specifically authorizes the same
to be made in such places and for such time the court concerned
may order. (Sahagun vs CA)
The relief is only limited to the res since jurisdiction over the person
of the defendant who is in abroad can never be acquired by
extraterritorial service unless he files an answer, then an action in
personal like damages may now be adjudged against him. It is only
the jurisdiction over the res or over the property of defendant which
is in the Philippines that is acquired. The publication is merely for
the purpose of the requirement of due process and not for
acquisition of jurisdiction over the person. (Sahagun vs CA)
Other manner such as mailing through registered mail is allowed as
long as the court deemed it sufficient.(Carriaga vs Malaya)
Even if non-resident, but if found here in Philippines, Sec. 6 or
Personal service may be availed of. (Fong vs Sps. Velayo)
Third mode is only applicable when you are serving summons
abroad and not anyone who is here in the Philippines. (Valmonte vs
CA)
Sec. 19 Proof of Service by Publication – If the service has been
made by publication, service may be proved by the:
1.) Affidavit of the printer, his foreman,
2.) Affidavit of principal clerk, or
3.) Affidavit od editor, business or advertising manager
Following must be attached:
1.) a copy of the publication
2.) affidavit showing the deposit of copy of the summons
3.) order for publication in the post office, postage prepaid,
directed to the defendant by registered mail to his last
known address
In publication and registered mail, it is not the court officer who
should prepare the the affidavits of proof of service but the person
who caused the same. (Santos vs PNOC)
Sec. 17 Leave of Court – Any application to the court under this rule
for leave to effect service in any manner for which leave of court is
necessary shall be made in motion in:
1.) Writing
2.) Supported by affidavit of plaintiff or some person on his
behalf
3.) Setting forth grounds for application
Extra-territorial service must be with leave of court and a direction
of the manner that it be served/ the defendant in such case is given
a minimum of 60 days to answer. (Valmonte vs CA)
Sec. 16 Residents temporarily out of Philippines – When any action
is commenced against a defendant who ordinarily resides within
the Philippines, but who is temporarily out of it, service may, by
leave of court, be also effected out of the Philippines, as under
section 15.
This is applicable only to defendant who are TEMPORARILY OUT of
the country like in a tour, vacation or other function.
Service of summons under Sec. 16 on the defendant doesn’t prevent
the application of Section 7 or Substituted service in addition to
section 15. You can use sec. 16, 15 and 7 simultaneously.
(Montalban vs Maximo)
Rule 16 is applicable to in personal and in rem.
SHADOW NOTES
Jack Anino
To be remembered:
Sec. 14 Applicable to in Rem(& quasi) and Personam
Sec. 15 Applicable to in Rem(& quasi)
Sec. 16 Applicable to in Rem(& quasi) and Personam
Sec. 8 Service upon entity without Juridical Personality – When
persons associated in an entity without juridical personality are
sued under the name by which they are generally or commonly
known, service may be effected upon:
a.) all the defendants by serving upon any one of them,
b.) or upon the person in charge of the office or place of
business maintained in such time.
But such service shall not bind individually any person whose
connection with the entity has, upon due notice, been severed
before the action was brought.
Serving summons upon anyone of them is sufficient.
Sec. 9 Service upon prisoners – When the defendant is a prisoner
confined in a jail or institution, service shall be effected upon him
by the officer having management of such jail or institution who is
deemed as deputized as a special sheriff for said purpose.
The warden or officer is automatically considered deputized.
Sec. 10 Service upon minors and incompetents – When defendant is
a:
a.) minor,
b.) insane or
c.) otherwise an incompetent,
service shall be made upon him personally AND on his legal
guardian if he has one or if none, upon his guardian ad litem
whose appointment shall be applied for by the plaintiff.
In the case of a minor, service may also be made on his father
or mother.
Sec. 11 Service upon domestic private juridical entity – When the
defendant is a corporation, partnership or association organized
under the laws of the Philippines with juridical personality, service
may be made on the:
1.) President
2.) Managing Partner
3.) General Manager
4.) Corporate Secretary
5.) Treasurer
6.) In House Counsel
The list is exclusive. (Paramount Insurance vs Ordonez)
The service of summons to an employee is not a proper service of
summons. (Deltamotors vs Francisco)
Under the new rules, service of summons other than those listed in
Sec. 11, is not valid. (Villarosa vs Benito)
Sec. 12 Service upon Foreign Private Judicial Entity – When the
defendant is a foreign private juridical entity which has transacted
business in the Philippines, service may be made on its:
1.) Resident agent designated in accordance with law for
that purpose
2.) If no such agent, on the government official designated
by law to receive it
3.) Or on any of its officers or agents within the Philippines
13 | P a g e
CIVIL PROCEDURE (Rule 6-14) SHADOW NOTES
Based on the Lectures of Atty. Melissa Suarez &Notes of Dean Hildegardo Inigo Jack Anino

If the foreign private juridical entity is NOT registered in the

Philippines or HAS NO resident agent, service may, with leave of
court, be effected OUTSIDE of the Philippines through any of the
following means:

a.) By Personal delivery coursed through the appropriate

court in the foreign country with the assistance of DFA
b.) By Publication
a. once in a newspaper of general circulation in
the country where the defendant may be found
AND
b. serving copy of summons and the court order by
registered mail at the last known address of
defendant
c.) By Facsimile (FAX) or any recognized electronic means
that could generate proof of service
d.) By such other means as the court may in its direction
direct.

The foreign corporation must be doing business in the Philippines.

There must be a continuation of conduct. An isolated transaction or
contract cannot be considered as doing business and therefore
cannot be sued. (Pacific vs Del Rosario)

If summons were served to the government official designated by

law, the period to file answer is 30 days. If it has a resident agent,
the period is 15 days.

There must be a diligent inquiry if summons by a publication will be

resorted to for private corporations. Sheriff should have looked at
the records of SEC. Without this diligent inquiry, a resort to
publication is not valid. (Baltazar vs CA)

A dissolved corporation can still be sued by serving summons to its

last set of officers. (Rebulido vs CA)

If the foreign corporation cannot be sued since it is not doing

business in Philippines but agrees to be sued, it is section 15 on
extra-territorial service that must be applied and not section 12.
(Linger vs IAC)

Sec. 13 Service upon Public Corporation – When the defendant is

the:
1.) Republic of the Philippines- service may be effected on
the Solicitor General;
2.) In case of a province, city or municipality, or like public
corporation- service may be effected on its executive
head or such other officer as the law or court may direct

Sec. 20 Voluntary Appearance – Defendant’s voluntary appearance

in the action shall be equivalent to service of summons.
The inclusion in a motion to dismiss other grounds aside from lack
of jurisdiction over the person of defendant shall not be deemed as
voluntary appearance unless you are asking for a voluntary
relief(like damages).

Samples of Voluntary Appearance:

1.) Filing of an Affirmative Relief
2.) Filing of Motion for Extension
3.) Filing of Motion for Bill of Particulars

When there is such voluntary appearance, lack of jurisdiction over

the person of defendant such absence of service of summons or its
improper service is deemed waived. The party can no longer
question such absence or improve service of summons.

Answer ad cautelam is not a voluntary appearance. (Perkin vs

Dakila)

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