CIVIL PROCEDURE 

RULE 1 (B)
GENERAL PROVISIONS  ACTION IN ACTION IN ACTION
REM PERSONAM QUASI IN REM
Statutes regulating the procedure of
courts will be construed as applicable to Directed Directed Directed
actions pending and undetermined at the against the against against
time of their passage so long as vested thing itself particular particular
rights will not be impaired.  persons persons

Judgment is Judgment is Judgment

Under the 1987 Constitution, the rule- binding on the binding only binding upon
making power of the Supreme Court has whole world upon parties particular
the following limitations: impleaded or persons, but
1. shall provide a simplified and their the real motive
inexpensive procedure for the successors in is to deal with
speedy disposition of cases; interest real property
2. Uniform for all courts of the or to subject
same grade, and said property
3. Shall not diminish, increase or to certain
claims.
modify substantive rights (Art.
Ex. Land Ex. action to Ex. Unlawful
VIII Sec. 5[5]). registration recover detainer or
case; probate damages; forcible entry;
Section 3. Cases governed.  proceedings action for judicial
ACTION CLAIM for allowance breach of foreclosure of
of a will. contract mortgage.
An ordinary suit in a A right possessed by
court of justice one against another

One party prosecutes The moment said

another for the claim is filed before a The distinction is important in
enforcement or court, the claim is determining the EFFECT of the
protection of a right converted into an judgment.
or the prevention or action or suit.
redress of a wrong.
(C)
REAL PERSONAL MIXED
CLASSIFICATION OF ACTIONS. 
ACTION ACTION ACTION
(A) Ownership or personal property is Both real and
ORDINARY CIVIL SPECIAL CIVIL possession of sought to be personal
ACTION ACTION real property is recovered or where properties are
involved damages for breach involved
of contract are
Governed by ordinary Also governed by
sought
rules ordinary rules but Founded on Founded on privity Founded on
SUBJECT to specific privity of of contract both
rules prescribed (Rules estate
62 to 71). ex. Accion Ex. Action for a sum ex. Accion
reinvidicatoria of money publiciana
Formal demand of Special features not with a claim
one’s legal rights in a found in ordinary civil for damages
court of justice in the actions  
manner prescribed by The distinction is significant in the
the court or by the determination of venue. With respect to
law mixed actions, the rules on venue of real
  actions shall govern, i.e., where the real
property is located.  
 Exceptions:
(D) a. reglementary periods
LOCAL ACTION TRANSITORY b. rule on forum shopping
ACTION

Must be brought in a Generally, must be RULE 2

particular place, in brought where the CAUSE OF ACTION  
the absence of an party resides
agreement to the regardless of where
contrary the cause of action Section 2. Cause of Action, defined.
arose Essential elements of cause of action
1. Existence of a legal right of the
Ex. Action to recover Ex. Action to recover plaintiff;
real property sum of money 2. Correlative legal duty of the
  defendant to respect one’s right;
Section 5. Commencement of action. 3. Act or omission of the defendant
in violation of the plaintiff’s
An action is commenced by: legal right; and
1. filing of the complaint (the date of 4. Compliance with a condition
the filing determines whether or not precedent.
the action has already prescribed);
and  CAUSE OF ACTION RIGHT OF ACTION
2. payment of the requisite docket fees delict or wrongful act remedial right or right
(determined on the basis of the or omission committed to relief granted by
amount of the claim including the by the defendant in law to a party to
damages indicated in body or the violation of the institute an action
primary rights of the against a person who
prayer of the pleading)
plaintiff has committed a
  delict or wrong
It is not simply the filing of the against him
complaint or the appropriate initiatory The reason for the the remedy or means
pleading but also the payment of the action afforded or the
prescribed docket fee that vests a trial consequent relief
court with jurisdiction over the subject the formal statement right that is given –
matter or nature of the action.   of alleged facts the right to litigate
because of the
The court may allow the payment of the occurrence of the
deficient docket fee within a reasonable alleged facts
Determined by facts determined by
period but not beyond the applicable
as alleged in the substantive law
prescriptive or reglementary period. complaint and not the
prayer therein
An action can be commenced by filing  
the complaint by registered mail. In RELIEF REMEDY SUBJECT
which case, it is the date of mailing that MATTER
is considered as the date of filing, and the redress, the the thing,
not the date of the receipt thereof by protection, procedure or wrongful act,
the clerk of court.  award or type of contract or
coercive action which property
The date of the filing of an amended measure which may be which is
complaint joining additional defendant is  
the date of the commencement of the
action with regard to such additional
defendant. 

Section 6. Construction.  
the plaintiff availed of by directly
General Rule: Liberal construction . prays the court the plaintiff involved in the
to render in his as the means action,
favor as a to obtain the concerning
consequence of desired which the
the delict relief wrong has
committed by been done and
the defendant with respect
to which the
controversy
has arisen.
Section 4. Splitting a single cause of
action, effect of.  arising out of the same or series of
SPLITTING OF CAUSE OF ACTION – is the
practice of dividing one cause of action
into different parts and making each
part subject of a separate complaint.   joined, obviously because they are
Applies NOT only to complaints but also
to counterclaims and crossclaims.
Remedy against splitting a single cause
of action:
A. Motion to dismiss on the ground of:
 Litis pendentia, if the first
complaint is still pending (Rule
16, Sec. 1[e]); or
 Res judicata, if any of the
complaints is terminated by final
judgment (Rule 16, Sec. 1[f])
B. An answer alleging either of the
above-cited grounds as affirmative
defense (Rule 16, Sec. 6) 
General Rule on Divisible Contract
A contract to do several things at several
times is divisible, and judgment for a
single breach of a continuing contract is
not a bar to a suit for a subsequent
breach.  multiplicity of suits
Doctrine of Anticipatory Breach
Even if the contract is divisible in its
performance and the future periodic
deliveries are not yet due, if the obligor
has already manifested his refusal to
comply with his future periodic
obligations, “the contract is entire and
the breach total,” hence there can only
be one action for damages (Blossom &
Co. vs. Manila Gas Corp., 55 Phil. 226)  There is no sanction against non-joinder
Section 5. Joinder of causes of action.   plaintiff needs only a single cause of
Rule in this section is PERMISSIVE and the
plaintiff can always file a separate
action for each cause of action. 
Par. (a): The joinder of causes of action
may involve the same or different
parties. If the joinder involved different
parties, it must comply with Sec. 6 Rule
3, thus, there must be a question of fact
or law common to both parties joined
transactions. 
Par. (b) requires that: only causes of
action in ordinary civil actions may be
subject to the same rules. 
Par. (c) As long as one cause of action
falls within the jurisdiction of the RTC,
the case can be filed there even if the
MTC has jurisdiction over the others.  
Pars. (d) embodies the TOTALITY RULE
Section 33 BP129, as amended by RA
7691 - Where there are several claims or
causes of actions between the same or
different parties, embodied in the same
complaint, the amount of the demand
shall be the totality of the claims in all
the causes of actions, irrespective of
whether the causes of action arose out
of the same or different transactions. 
SPLITTING OF JOINDER OF
CAUSE OF ACTION CAUSES OF ACTION
There is a single cause Contemplates several
of action causes of action
PROHIBITED. Causes ENCOURAGED.
Minimizes multiplicity
and double vexation of suits and
on the part of the inconvenience on the
defendant parties
 
Section 6. Misjoinder of causes of
action.
Not a ground for dismissal of an action. A
misjoined cause of action may be
severed and proceeded with separately.
of separate causes of action since a
action to maintain an action. 
 RULE 3
PARTIES TO CIVIL ACTIONS  INTEREST
Section 1. Who may be parties;
plaintiff and defendant.  of an action. (must be joined)
REQUIREMENTS FOR A PERSON TO BE A
PARTY TO A CIVIL ACTION:
1. he must be a natural or juridical
person or an entity authorized by
law;
2. he must have a legal capacity to sue;
and
3. he must be the real party in interest.
PLAINTIFFS- Those having an interest in
the subject matter of the action or in
obtaining the relief demanded.   administrator, or a party authorized by
DEFENDANTS:
1. persons who claim an interest in the
controversy or the subject thereof
adverse to the plaintiff; or
2. who are necessary to a complete
determination or settlement of the
questions involved therein; or
3. all those who ordinarily should be
joined as plaintiffs but who do not
consent thereto, the reason
therefore being stated in the
complaint. 
Neither a dead person nor his estate may
be a party plaintiff in a court action…
Considering that capacity to be sued is
correlative of the capacity to sue, to the
same extent, a decedent does not have
the capacity to be sued and may not be
named a party defendant in a court
action (Ventura vs. Militante 316 SCRA
226).  appoint a guardian ad litem. It is enough
Section 3. Representatives as parties.  The suit can be brought by or against the
REAL PARTY IN INTEREST – the party
who stands to be benefited in the suit or
the party entitled to the avails of the
suit. 
Impleading the beneficiary as a party in
the suit is now mandatory, in cases
allowed to be prosecuted or defended by
a representative. 
CLASSIFICATION OF PARTIES IN
1. Indispensable parties – those without
whom no final determination can be had
2. Necessary (or proper) parties – those
who are not indispensable but ought to
be parties if complete relief is to be
accorded as to those already parties, or
for a complete determination or
settlement of the claim subject of the
action. (may or may not be joined)
3. Representative parties – someone
acting in fiduciary capacity. Maybe a
trustee, guardian, executor or
law or these Rules.
An agent acting in his own name and for
the benefit of an undisclosed principal
may sue or be sued without joining the
principal except when the contract
involves things belonging to the principal
4. Pro forma parties – those who are
required to be joined as co-parties in
suits by or against another party as may
be provided by the applicable
substantive law or procedural rule such
as in the case of spouses under Sec. 4.
5. Quasi parties – those in whose behalf
a class or representative suit is brought. 
Section 5. Minor or incompetent
persons. 
Under the present rule, a person need
not be judicially declared to be
incompetent in order that the court may
that he be alleged to be incompetent. 
minor or incompetent person personally
BUT with the assistance of his parents or
guardian.
 
Section 6. Permissive joinder of
parties.
PERMISSIVE JOINDER – the aggregate necessary party because complete relief
sum of all the claims, determines the may be obtained from either.
jurisdiction of the court. 
Section 9. Non-joinder of necessary
Requisites of permissive joinder of parties to be pleaded.
parties.
1. Right to relief arises out of the same The non-inclusion of a necessary party
transaction or series of transactions; may be excused only on meritorious
2. There is a question of law or fact grounds. 
common to all the plaintiffs or
defendants; and The court may order the inclusion of the
3. Such joinder is not otherwise omitted necessary party if jurisdiction
proscribed by the provisions of the over his person may be obtained by
Rules on jurisdiction and venue.  ordering plaintiff to file an amended
complaint impleading the necessary
SERIES OF TRANSACTIONS – transactions party therein as co-defendant. 
connected with the same subject of the
action.  The only sanction for failure to implead
a necessary party when ordered by the
INDISPENSABLE NECESSARY court and jurisdiction can be obtained
PARTIES PARTIES over said party is a waiver of the claim
against him. This is considered as an
The action cannot The action can exception to the provision on penalties
proceed unless they proceed even in the imposed on a disobedient party under
are joined absence of some Sec. 3 of Rule 17 which would have
necessary parties entailed the dismissal of the complaint
itself.
No valid judgment if The case may be
indispensable party is determined in court
not joined but the judgment Section 11. Misjoinder and non-joinder
therein will not of parties.
resolve the entire
controversy if a Neither misjoinder nor non-joinder of
necessary party is not parties is a ground for dismissal of the
joined action. 
They are those with They are those whose Objections to defects in parties should
such an interest in the presence is necessary
be made at the earliest opportunity – the
controversy that a to adjudicate the
final decree would whole controversy but
moment such defect becomes apparent –
necessarily affect their whose interests are so by a MOTION TO STRIKE THE NAMES OF
rights so that the court far separable that a THE PARTIES impleaded. 
cannot proceed final decree can be
without their presence made in their absence If there is misjoinder, a separate action
without affecting should be brought against the party
them misjoined.  
 
The absence of an indispensable party
JOINT DEBTORS – indispensable party renders all subsequent actions of the
with respect to own share and a court null and void for want of authority
necessary party with respect to the to act, not only as to the absent parties
share of the others.  but even as to those present. 

SOLIDARY DEBTORS – either is

indispensable and the other is not even a Section 12. Class suit. 
REQUISITES OF A CLASS
/REPRESENTATIVE SUIT. They may be sued under the name by
1. subject matter of the which they are generally known, but
controversy is one of common or they cannot sue under such name for
general interest to many lack of juridical personality.  
persons;
2. parties affected are so numerous The service of summons may be effected
that it is impracticable to bring upon all the defendants by serving upon
them all before the court; any of them, or upon the person in
3. parties bringing the class suit are charge of the office or place of business
sufficiently numerous or maintained under such name. (Sec. 8,
representative of the class and Rule 14)
can fully protect the interests of
all concerned.  INSTANCES WHERE SUBSTITUTION OF
PARTIES IS PROPER: 
Class Suit Permissive Joinder
of Parties A. Death of party; duty of counsel (Sec.
There is one single There are multiple 16)
cause of action causes of action This provision applies where the claim is
pertaining to separately belonging not thereby extinguished as in cases
numerous persons to several persons. involving property and property rights
such as:
  1. recovery of real and personal
Section 14. Unknown identity or name property against the estate.
of defendant.  2. enforcement of liens on such
properties  
Requisites: 3. recovery for an injury to person
1. there is a defendant or property by reason of tort or
2. his identity or name is unknown delict committed by the
3. fictitious name may be used deceased.
because of ignorance of  
defendant’s true name and said In this case, the heirs will be substituted
ignorance is alleged in the for the deceased OR if no legal
complaint representative is named then the court
4. identifying description may be will order the opposing party to procure
used: sued as unknown owner, the appointment of an executor or
heir, devisee, or other administrator for the estate of the
designation deceased.  
5. amendment to the pleading
when identity or true name is In case of minor heirs, the court may
discovered appoint a guardian ad litem for them. 
6. defendant is the defendant
being sued, not a mere The substitute defendant need not be
additional defendant  summoned. The ORDER OF
SUBSTITUTION shall be served upon the
Service of summons upon a defendant parties substituted for the court to
whose identity is unknown may be made acquire jurisdiction over the substitute
by publication in a newspaper of general party  
circulation in accordance with Section 14
of Rule 14. 

If there is failure to notify the fact of

Section 15. Entity without juridical death: the case may continue and
personality as defendant. proceedings will be held valid, and
judgment will bind the successors in
interest.  If defendant dies before entry of final
B. Death or separation of a party who
is a public officer (Sec. 17)
The action may be maintained by and
against his successor.
The action contemplated here is one
brought against the public officer in his
official capacity.   decedent.
C. Supervening Incompetence or
incapacity of a party (Sec. 18)
The action shall continue to be
prosecuted by or against him, personally
or assisted by the corresponding
guardian.  supporting when able to work and in
D. Transfer of interest (Sec. 19)
Substitution of parties in this section is
NOT mandatory, it being permissible to
continue the action by or against the
original party in case of transfer of
interest pendente lite. Unless the
substitution by or the joinder of the
transferee is required by the court,
failure to do so does not warrant the
dismissal of the case. A transferee
pendente lite is a proper, and not an
indispensable party.  VENUE OF ACTIONS
The case will be dismissed if the interest
of plaintiff is transferred to defendant
UNLESS there are several plaintiffs, in
which case, the remaining plaintiffs can
proceed with their own cause of action. 
Section 20. Action on contractual
money claims.
Requisites:
1. The action must primarily be for
recovery of money, debt, or
interest thereon, and not where
the money sought therein is
merely incidental thereto.
2. The claim, subject of the action,
arose from a contract, express or
implied, entered into by the
decedent in his lifetime or the
liability for which had been
assumed by or is imputable to
him. 
judgment in the court where it was
pending at that time, the action shall
not be dismissed but shall be allowed to
continue until entry of final judgment
thereon.  
However, execution shall not issue in
favor of the winning party. It should be
filed as a claim against the estate of the
Section 21. Indigent party. 
Indigent – one who has no property or
income sufficient for his support aside
from his labor, even if he is self-
employment. He need not be a pauper to
entitle him to litigate in forma
pauperis. 
While the authority to litigate as
an indigent party may be granted upon
an ex parte application and hearing, it
may be contested by the adverse party
at any time before judgment is
rendered. 
RULE 4
VENUE – the place where an action must
be instituted and tried. 
VENUE JURISDICTION
Place where the action Power of the court to
is instituted hear and decide a case
May be waived Jurisdiction over the
subject matter and
over the nature of the
action is conferred by
law and cannot be
waived
Procedural Substantive
May be changed by the Cannot be the subject
written agreement of of the agreement of
the parties the parties
The rule on VENUE IS NOT APPLICABLE
in cases
 1) Where a specific rule or law 1. failure to object via motion to
provides otherwise; or dismiss
2) The parties have validly agreed 2. affirmative relief sought in the
in writing before the filing of the court where the case is filed
action on the exclusive venue 3. voluntary submission to the
thereof (Sec. 4).  court where the case is filed
4. laches 
Requisites for venue to be exclusive
1. A valid written agreement Section 3. Venue of actions against
2. Executed by the parties before non-residents.
the filing of the action; and
3. Exclusive nature of the venue.  RULES
1. NON-RESIDENT FOUND IN THE
In the absence of qualifying or restrictive PHIL. –
words, venue stipulation is merely a. for personal actions –
permissive meaning that the stipulated where the plaintiff
venue is in addition to the venue resides; and
provided for in the rule (Polytrade Corp. b. for real actions – where
vs. Blanco 30 SCRA 187)  the property is located. 
2. NON RESIDENT NOT FOUND IN
Section 1. Venue of real actions. THE PHIL. –
An action may be filed only
If property is located at the boundaries when the case involves:
of two places: file one case in either a. Personal status of
place at the option of the plaintiff.  plaintiff – venue: where
plaintiff resides;
If case involves two properties located b. Any property of said
in two different places: defendant located in the
1. If the properties are the object Phil. – venue: where the
of the same transaction, file it in property or any portion
any of the two places. thereof is situated or
2. If they are the subjects of two found. 
distinct transactions, separate
actions should be filed in each The Supreme Court has the power to
place unless properly joined.  order a change of venue to prevent a
miscarriage of justice. 
Section 2. Venue of personal actions. 
RESIDENCE – the place where the party Dismissal of Action for Improper Venue
actually resides with continuity and The court may not motu propio dismiss a
consistency, whether permanent or complaint on the ground of improper
temporary, at the time the action is venue. An exception is provided in
instituted.  Section 4 of the Revised Rule on
Summary Procedure.

Means of waiving venue:

RULES ON SUMMARY PROCEDURE
 SUMMARY PROCEDURE IN CIVIL CASES MOTIONS UNDER THE RULE ON
SUMMARY PROCEDURE.  
Filing of verified 1. Motion to dismiss the complaint
complaint with the or to quash the complaint or
MTC information except on the
ground of lack of jurisdiction
over the subject matter or
court may court may
summon the dismiss the case
failure to comply with prior
defendant outright barangay conciliation (referral to
the Lupon)
2. Motion for a bill of particulars
3. Motion for a new trial or for
W/in 10 If Defendant fails reconsideration of a judgment or
days from to answer in 10 for reopening of trial
4. Petition for relief from judgment
receipt of days – 5. Motion for extension of time to
summons, The court, motu file pleadings, affidavits, or any
defendant propio or on other paper
answers, plaintiff’s 6. Memoranda
incoporating motion, may 7. Petition for certiorari,
mandamus, or prohibition
compulsory render judgment
against any interlocutory order
counterclai based on facts issued by the court
The
m or alleged in the 8. Motion to declare defendant in
crossclaim,
Answer to
complaint w/o
If plaintiff fails to
default
and serves
counterclaim a Court prejudice
appear to
in prelim 9. Dilatory motions for
and crossclaim
copy on should R9, S3 (c) complaint
conference, postponement
w/in 10 days
not
may be dismissed. 10. Reply
plaintiff Defendant entitled to 11. Third party complaints
decision based on his
dismiss the counterclaim. All 12. Interventions 
crossclaims dismissed.
Preliminary The filing of a prohibited pleading will
conference w/in 30
not suspend the period to file an answer
days after last
answer is filed or to appeal.  

complaint or If sole defendant Although a motion to dismiss is a

fails to appear, prohibited pleading, its filing after the
plaintiff entitled to answer had already been submitted does
W/in 5 days after
judgment based on
conference, court
complaint and not constitute a pleading prohibited by
issues record of
preliminary what is proved the summary rules. What the rules
conference therein proscribe is a motion to dismiss that
would stop the running of the period to
counterclaim if they file an answer and cause undue delay.  
W/in 10 days from are not verified. The
receipt of order, requirement is merely While a motion to declare the defendant
submission by the a formal one, and not in default is prohibited by the rules on
parties of affidavits
jurisdictional. It summary procedure, the plaintiff may
and position papers nevertheless file a motion to render
should therefore
simply direct the party judgment as may be warranted when the
concerned to have it verified.   defendant fails to file an answer.

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

ULTIMATE FACTS - essential facts

constituting the plaintiff’s cause of
4. Disputes arising at the action.  
WORKPLACE where the
contending parties are employed What are NOT ultimate facts:
or at the INSTITUTION where 1. Evidentiary or immaterial facts.
such parties are enrolled for
study – in the barangay where 2. Legal conclusions, conclusions or
such workplace or institution inferences of facts from facts
located. not stated, or incorrect
 inferences or conclusions from
facts stated.
3. The details of probative matter
or particulars of evidence,
statements of law, inferences
and arguments.
4. An allegation that a contract is
valid or void is a mere conclusion
of law.  opposing party.
TEST OF SUFFICIENCY: if upon
admission or proof of the facts being
alleged, a judgment may be properly
given. A fact is essential if it cannot be
stricken out without leaving the
statement of the cause of action
insufficient.  reason, it must be answered within ten
Section 4. Answer
ANSWER – the pleading where the
defendant sets forth his affirmative or
negative defenses.  A counterclaim before the MTC must be
 
2 kinds of defenses that may be set
forth in the answer:
a. AFFIRMATIVE DEFENSES –
allegation of a new matter which
while hypothetically admitting the
material allegations in the pleading,
would nevertheless prevent or bar
recovery by him. It is in the nature
of Confession and Avoidance
b. NEGATIVE DEFENSES – specific
denial of the material facts or facts
alleged in the pleading
Insufficient denial or denial amounting
to admissions:
1. General denial
2. Denial in the form of a
negative pregnant
Section 6. Counterclaim
COUNTERCLAIM – any claim which a
defending party may have against an
Nature of counterclaim: A counterclaim
is in the nature of a cross-complaint.
Although it may be alleged in the
answer, it is not part of the answer.
Upon its filing, the same proceedings are
had as in the original complaint. For this
(10) days from service.
Section 7. Compulsory Counterclaim
RULES ON COUNTERCLAIM
within the jurisdiction of said court,
both as to the amount and nature
thereof (De Chua vs. IAC).
KATARUNGANG PAMBARANGAY PROCEDURE
Filing of complaint
w/ the Punong
Barangay (PB)
W/in the next working day
Issuance of
summons to
the parties
and the
witnesses
Mediation (hearing)
Failure of Settlement
mediation
efforts
 Execution Repud
Constitu- w/in 6 arbi
tion of the months from agre
Pangkat date thereof within
from
agre

Pangkat convenes not

later than 3 days
occurrence that is the
from its constitution opposing party’s
subject matter ofthe
and summons the claim.
opposing party’s
parties
claim.

Pangkat must It does not require for It may require for its
arrive at a its adjudication
Conciliation the adjudication the
settlement presence of third presence of third
(hearing)
w/in 15 days parties of whom the parties over whom the
from the day
court cannot acquire court cannot acquire
it convenes
jurisdiction. jurisdiction.
Repudiation of
It is barred if not set
Settlement settlement
It is NOT w/in 10
barred even
up in the action. daysupfrom
if not set date
in the
thereof
action.

Need not be Must be answered,

Execution
answered; now/in 6
default. otherwise, the
months from the defendant can be
date of settlement declared in default. ISSUANCE OF
  CERTIFICATION FOR
GENERAL RULE: A compulsory FILING OF A
counterclaim not set up in the answer isCOMPLAINT IN COURT
deemed barred. 

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

DOCTRINE OF ANCILLARY JURISDICTION Section 8. Cross-claim 

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

COMPULSORY PERMISSIVE In which case, the cross-claim is

COUNTERCLAIM COUNTERCLAIM considered permissive. 

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

Cross Claim Counterclaim 3rd-party Initiative is with the Initiative is with a

person already a party non-party who seeks
Complaint
to the action. to join the action.
Against a co- Against an Against a  
party opposing party person not a TESTS to determine whether the third-
party to the party complaint is in respect of
action plaintiff’s claim:
1. Where it arises out of the same
Must arise out May arise out of Must be in transaction on which the
of the or be necessarily respect of plaintiff’s claim is based, or,
transaction connected with the although arising out of another
that is the the transaction opponent’s or different transaction, is
subject matter or that is the claim
of the orig. subject matter (Plaintiff)
connected with the plaintiff’s
action or of a of the opposing claim;
counterclaim party’s claim, in 2. Whether the third-party
therein. which case, it is defendant would be liable to the
called a plaintiff or to the defendant for
compulsory all or part of the plaintiff’s claim
counterclaim, or against the original defendant;
it may not, in and
which case it is 3. Whether the third-party
called a
defendant may assert any
permissive
counterclaim. defenses which the third-party
  plaintiff has or may have to the
Section 10. Reply. plaintiff’s claim. 

REPLY - the response of the plaintiff to Leave of court to file a third-party

the defendant’s answer.   complaint may be obtained by motion
EFFECT OF FAILURE TO REPLY: new
facts that were alleged in the answer are
deemed controverted. Hence, the filing
of the reply is optional except for the
denial of the genuineness and due
execution of an actionable document
used as defense in the answer.  Where the trial court has jurisdiction
Section 11. Third (fourth, etc.) – party
complaint.
THIRD (FOURTH,ETC.) – PARTY
COMPLAINT – a claim that a defending
party may, with leave of court, file
against a person not a party to the
action for contribution, indemnity,
subrogation or any other relief, in
respect of his opponent’s claim.
THIRD-PARTY COMPLAINT IN
COMPLAINT INTERVENTION
Brings into the action Same
a third person who
under Rule 15. 
Summons to new party (third, fourth,
etc.) is needed for the court to obtain
jurisdiction over his person, since he is
not an original party. 
over the main case, it also has
jurisdiction over the third party
complaint, regardless of the amount
involved as a third party complaint is
merely auxiliary to and is a continuation
of the main action (Republic v. Central
Surety & Insurance Co. L-27802, Oct. 26,
1968). 
RULE 7
PARTS OF A PLEADING
Section 3. Signature and address.
The signature of the counsel is a
certification that:
1. That he has read the pleading;
 2. There is good ground to support
it; and
3. It is not interposed for delay
Only the original copies must be signed. 
UNSIGNED PLEADING may be stricken
out as sham and Section 12. Bringing
new parties.
Distinguished from 3rd-party complaint:
A 3rd-party complaint is proper when not
one of the third-party defendants
therein is a party to the main action. But
if one or more of the defendants in a
counterclaim or cross-claim is already a
party to the action, then the other
necessary parties may be brought in
under this section.   2. administrative
false, and the action may proceed as
though the pleading has not been
served. It has no legal effect.
Section 4. Verification.
Pleadings need NOT be verified EXCEPT
when otherwise provided by the law or
rules. 
A verification must now be based on
personal knowledge or based on
authentic records.  MANNER OF MAKING ALLEGATIONS IN A
Section 5. Certification against forum
shopping.  ULTIMATE FACTS: those which directly
FORUM SHOPPING – the filing of a two or
more cases based on the same cause of
action in different courts for the purpose
of obtaining a favorable decision in
either. 
Test to determine the presence of
forum-shopping: whether in the two (or
more) cases pending, there is identity of
(a) parties, (b) rights or causes of action,
and (c) reliefs sought.  the party suing or being sued, and
The certificate is to be executed by
petitioner, and not by counsel.  
Required ONLY for complaints or
initiatory pleadings.  of particulars.
Certificate of non-forum shopping is not
required in a compulsory counterclaim
(UST Hosp. vs. Surla). 
EFFECT OF FAILURE TO COMPLY:
1. Not curable by amendment of
said pleading
2. shall be cause for the dismissal
of the case, without prejudice,
unless otherwise provided, upon
motion and after hearing
 
EFFECT OF SUBMISSION OF FALSE
CERTIFICATION OR NON-COMPLIANCE
WITH THE UNDERTAKINGS THEREIN:
1. indirect contempt
and criminal
actions
 
EFFECT OF WILFULL AND DELIBERATE
FORUM SHOPPING:
1. shall be ground for summary
dismissal of the case with
prejudice;
2. direct contempt.
RULE 8
PLEADING
Pleadings should state ultimate facts
essential to the right of action. 
form the bases of the right sought to be
enforced or the defense relied upon. 
If the ultimate facts are NOT alleged,
the cause of action would be
insufficient. 
Section 4. Capacity. 
Capacity to sue and be sued
either personally or in representative
capacity must be specifically averred by
specifically denied by the party
questioning such capacity.  
Capacity is challenged by
specific denial, motion to dismiss or bill
 
Section 5. Fraud, mistake, condition of 1. The admission of the
the condition  genuineness and due execution
of said document, EXCEPT that
FACTS THAT MAY BE AVERRED an oath is not required:
GENERALLY: a. When the adverse party was
1. Conditions precedent (BUT there not a party to the
must still be an allegation that instrument; and
the specific condition precedent b. When an order for the
has been complied with, inspection of the original
otherwise, it will be dismissed document was not complied
for failure to state a cause of with.
action) 2. The document need not be
2. Malice, intent, knowledge, or formally offered in evidence. 
other condition of the mind
3. Judgments of domestic or GENUINENESS
foreign courts, tribunals, boards, That the document is not spurious,
or officers (no need to show counterfeit, or of different import on its
jurisdiction) face from the one executed by the
4. Official document or act  party, or that the party whose signature
it bears has signed it and that at the
FACTS THAT MUST BE AVERRED time it was signed it was in words and
PARTICULARLY: figures exactly as set out in the
1. Circumstances showing fraud or pleadings.
mistake in all averments of
fraud or mistake DUE EXECUTION
2. Capacity  That the document was signed
voluntarily and knowingly by the party
ACTIONABLE DOCUMENT – written whose signature appears thereon. 
instrument upon which the action or
defense is based.   Defenses that the opposing party may
set up even after failure to deny under
oath: 
1. Mistake;
2. fraud;
3. compromise;
4. payment;
Two permissible ways of pleading an 5. prescription;
actionable document: 6. want or illegality of
1. By setting forth the substance of consideration; or
such document in the pleading 7. estoppel 
and attaching said document
thereto as an annex (contents of BUT the following defenses are
the document annexed are waived: 
controlling, in case of variance a. forgery in the signature;
in the substance of the b. want of authority of an agent or
document set forth in the corporation;
pleading and in the document c. want of delivery; or
attached); or d. the party charged signed the
2. By setting forth said document instrument in some other
verbatim in the pleading.  capacity 

Where the actionable document is Section 10. Specific Denial 

properly alleged, the failure to
specifically deny under oath the same THREE WAYS OF MAKING A SPECIFIC
results in: DENIAL: 
 1. By specifically denying each 1. Lack of jurisdiction over the
material allegation of the other subject matter
party and, whenever possible, 2. Litis pendentia
setting forth the substance of 3. Res judicata
the matters relied upon for such 4. Prescription of the action 
denial;
2. Part admission or part denial; These defenses may be raised at any
3. By an allegation of lack of stage of the proceedings even for the
knowledge or information first time on appeal EXCEPT that lack of
sufficient to form a belief as to jurisdiction over the subject matter may
the truth of the averment in the be barred by laches. (Tijam vs.
opposing party’s pleading (must Sibonghanoy).
be made in good faith).  
The presence of these grounds
A denial must not be general. A general authorizes the court to motu proprio
denial is regarded as an admission of the dismiss the claims. These grounds must,
facts stated in the complaint and however, appear from the pleadings or
entitles plaintiff to a judgment on the the evidence on record. 
pleadings. 
Section 3. 
NEGATIVE PREGNANT – a form of denial
which at the same time involves an DEFAULT – the failure of the defendant
affirmative implication favorable to the to answer within the proper period. It is
opposing party; It is in effect, an not his failure to appear nor failure to
admission of the averment to which it is present evidence. 
directed; It is said to be a denial
pregnant with an admission of the
substantial facts in the pleading ORDER OF JUDGMENT BY
responded to. DEFAULT DEFAULT
issued by the court, Rendered by the court
Section 11. Allegation not specifically on plaintiff’s motion following a default
denied deemed admitted.  for failure of the order or after it
defendant to file his received, ex parte,
GENERAL RULE: Allegations NOT responsive pleading plaintiff’s evidence.
seasonably.
specifically denied deemed admitted
Interlocutory - not Final – appealable
(such as allegations of usury in the appealable
complaint, and the authenticity and due
execution of actionable documents). 
NO default may be declared in the
EXCEPTIONS:
following actions:
1. Allegations as to the amount of
1. Annulment of marriage
unliquidated damages
2. Declaration of nullity of
2. Immaterial allegations;
marriage
3. Incorrect conclusions of fact. 
3. Legal Separation
4. Special civil actions of certiorari,
  RULE 9 prohibition and mandamus where
EFFECT OF FAILURE comment instead of an answer is
TO PLEAD required to be filed

Section 1. Defenses and objections not The court cannot motu proprio declare a
pleaded.  defendant in default. For defendant to
GENERAL RULE: Defenses and objections be declared in default, the plaintiff
that are not pleaded in a MOTION TO must:
DISMISS or in the answer are deemed 1. File a MOTION to declare
waived.   defendant in default
EXCEPTIONS (not waived even if not
raised):
 2. Prove that summons have been
properly served on the
defendant
3. Prove that the defendant really
failed to answer within the
proper period. 
 
CAUSES OF DEFAULT 
1. Failure to answer within the
proper period
2. Non-compliance with the order
of the court to file a bill of
particulars or in case of
insufficient compliance PARTIAL DEFAULT: 
therewith (Rule 12, Section 4) 1. The pleading asserting a claim
3. Refusal to comply with the states a common cause of action
modes of discovery (Rule 29, against several defending parties
Section 3, par. c) 2. some of the defending parties
4. Failure to furnish plaintiff with a answer and the others fail to do
copy of the answer so
3. the answer interposes a common
If the defendant was declared in default defense
upon an original complaint, the filing of
the amended complaint resulted in the EFFECT OF PARTIAL DEFAULT: The
withdrawal of the original complaint, court will try the case against ALL
hence, the defendant was entitled to defendants upon the answer of some
file answer to the amended complaint as EXCEPT where the defense is personal to
to which he was not in default.   the one who answered, in which case, it
will not benefit those who did not
EFFECT OF ORDER OF DEFAULT:   answer. 
1. While the party in default cannot
take part in the trial, he is REMEDY FROM JUDGMENT BY DEFAULT
nonetheless entitled to notice of (FLOW CHART)
subsequent proceedings.
2. He may still be called on as a Judgment by default
witness, in behalf of the non-
defaulting defendants. 

Motion for new trial or reconsideration at

any time after service of judgment by
DEFAULT default and within 15 (30) days therefrom

After the
lapse of time Failure to file motion for new trial/
to file an Denial of said motion
answer, the Motion denied:
plaintiff may Defendant
move to allowed to file an
declare the answer
Perfect appeal from said judgment by
defendant in default within the balance of said
default 15 (30) - day period

Defendant
answers
Failure to appeal without
Motion granted: defendant’s faulk
Court issues order
of default and
renders judgment,
or require plaintiff
to submit evidence Petition for relief from judgment within
ex parte. 60 days from notice of the judgment but
within 6 months from entry thereof

Court
maintains Annulment of Judgment
under Rule 47
 by default is default
rendered,
defendant may:
move to set aside
order of default
upon showing:
FAME
He has a
meritorious
defense
Avail of Rule 65 in
proper cases 3. Amendment to cure a premature
or non-existing cause of action;
EXTENT OF RELIEF TO BE AWARDED IN 4. Amendment for purposes of
A JUDGMENT BY DEFAULT: Presentation delay. 
of plaintiff’s
Shall not exceed the evidence
amountex-OR be Section 5. Amendment to conform to
different in kind from that
Court sets aside prayed for or authorize presentation of evidence. 
parte
orderNOR
of default and
award unliquidated damages. 
defendant is allowed 1ST PART: refers to amendment to
to file an answer conform to evidence when issues NOT
raised by the pleadings are tried with
IfRULE 10
plaintiff If plaintiff
provesSUPPLEMENTAL
his fails to prove the express or implied consent of the
AMENDED AND parties
allegations, his allega-
PLEADINGS
judgment by tions, case is - but failure to amend does NOT affect
Case set for default. dismissed. the result of the trial of these issues 
pre-trial
AMENDMENTS  
Section 1. Amendments in general. 2ND PART: refers to amendment to
authorize presentation of evidence if
When the complaint is amended, 2 evidence is objected to at the trial on
situations may arise: the ground that it is not within the issues
1. If the complaint merely corrects made by the pleadings. 
or modifies the original
complaint, then the action is SUPPLEMENTAL PLEADINGS 
deemed commenced upon the A cause of action which accrued after
filing of the original complaint; the filing of the original complaint may,
2. If the amended complaint in the discretion of the court, be
alleges a new cause of action, pleaded in a supplemental complaint if
then that cause of action is there was a valid subsisting cause of
deemed commenced upon the action at the time the original complaint
filing of the amended was filed. 
complaint. 
AMENDED SUPPLEMENTAL
Section 2. Amendments as a matter of
right. PLEADING PLEADING

Amendment for the first time is a matter Refers to facts Refers to facts arising
existing at the time of after the filing of the
of right before a responsive pleading is
the commencement original pleading.
filed, or in case of a Reply, within 10 of the action.
days after it was served.
Take the place of the Taken together with
Since a motion to dismiss is NOT a original pleading. the original pleading.
responsive pleading, an amendment may
be had even if an order of dismissal has Can be made as a Always with leave of
been issued as long as the amendment is matter of right as court
made before order of dismissal becomes when no responsive
final.  pleading has yet been
filed
Section 3. Amendments by leave of  
court. Section 7. Filing of amended pleadings.

Instances when amendment by leave of The amended pleading supersedes the

court may not be allowed: original pleading.  
1. When cause of action, defense
or theory of the case is changed; An amendment which merely
2. Amendment is intended to supplements and amplifies facts
confer jurisdiction to the court; originally alleged in the complaint
relates back to the date of the
commencement of the action and is not
barred by the statute of limitations
which expired after service of the
original complaint.  4. In case of a non-resident defendant
EFFECT OF AMENDED PLEADING:
1. Admissions in the superseded
pleading can still be received in
evidence against the pleader;
2. Claims or defenses alleged
therein but not incorporated or
reiterated in the amended
pleading are deemed waived. 
The amended or superseded, original
pleading is not expunged but remains on
the record although the admission of the
amended pleading amounts to
withdrawal of the original pleading.  1. If the filing of an amended
RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
Answer to the complaint  complaint is NOT a matter of
1. Within 15 days after service of
summons, UNLESS a different period
is fixed by the Court (Sec. 1)
2. In case the defendant is a foreign
private juridical entity:
a. if it has a resident agent –
within 15 days after service
of summons to him
b. if it has no resident agent,
but it has an agent or officer
in the Philippines – within 15
days after service of
summons to said agent or
officer
c. if it has no resident agent
nor agent nor officer – in
which case service of
summons is to be made on
the proper government
office which will then send a
copy by registered mail to
the home office of the
foreign private corporation –
within 30 days after receipt
of summons by the home
office of the foreign private
entity.
 
3. In case of service of summons by
publication – within the time
specified in the order granting leave
to serve summons by publication,
which shall NOT be less than 60 days
after notice (Rule 14, Sec.15).
 
on whom extraterritorial service of
summons is made, the period to
answer should be at least 60 days.
The court may extend the time to file
the pleadings BUT may NOT shorten
them.  
The 15-day period begins to run from
receipt of summons.  
Section 3. Answer to amended
complaint.
complaint is a matter of right -
within 15 days from service of
the amended complaint.
2. If the filing of the amended
right – within 10 days counted
from notice of the court order
admitting the same.
If no new answer is filed by the
defendant in case an amendment has
been made after he had filed his answer,
the original answer of the defendant
may serve as the answer to the amended
complaint, and hence, cannot be
declared in default.  
Section 5. Answer to third (fourth,
etc.)-party complaint.
The third-party defendant is served with
summons just like the original
defendant, hence, he also has 15, 30, 60
days from service of summons, as the
case may be, to file his answer. 
Section 7. Answer to supplemental
complaint.
Leave of court is required in filing, the
court may fix a different period for
answering the supplemental complaint in
lieu of the reglementary 10-day period. 
Section 10. Omitted counterclaim or
cross-claim.
The pleader may set up a counterclaim
or cross-claim by amendment before
judgment when he fails to set it up by
reason of oversight, inadvertence, or
excusable neglect ort when justice the portion thereof to
requires. Leave of court is necessary. which the order is
directed; or 
RULE 12 b. make such order as it
BILL OF PARTICULARS may deem just.

BILL OF PARTICULARS- a more definite 2. If plaintiff, his compliant will be

statement of any matter which appears stricken off and dismissed (Rule
vague or obscure in a pleading.  12, sec. 4; Rule 17, sec. 3)

PURPOSE: to aid in the preparation of a 3. If defendant, his answer will be

responsive pleading.  stricken off and his counterclaim
dismissed, and he will be
Motion for bill of particulars must be declared in default upon motion
filed within the reglementary period for of the plaintiff (Rule 12, sec. 4;
the filing of a responsive pleading. The Rule 17, sec. 4; Rule 9, sec. 3).
filing of a motion if sufficient in form  
and substance, will interrupt the time to
plead.  RULE 13
FILING AND SERVICE OF PLEADINGS,
The motion for bill of particulars may be JUDGMENTS AND OTHER PAPERS
granted in whole or in part as not all the
allegations questioned by the movant Notice given to a party who is duly
are necessarily ambiguous as to require represented by counsel is a nullity,
clarification.  unless service thereof on the party
himself was ordered by the court or the
A bill of particulars may be filed either technical defect was waived. 
in a separate or an amended pleading. 
A bill of particulars becomes part of the
pleading which it supplements.   Section 3. Manner of filing.
1. Personally
EFFECTS OF MOTION 2. by registered mail
1. If the motion is granted, the
movant can wait until the bill of Filing by mail should be through the
particulars is served on him by registry service which is made by deposit
the opposing party and then he of the pleading in the post office, and
will have the balance of the not through other means of
reglementary period within transmission. 
which to file his responsive
pleading. If registry service is not available in the
locality of either sender or addressee,
2. If his motion is denied, he will service may be done by ordinary mail. 
still have such balance of the
reglementary period to do so, If a private carrier is availed of by the
counted from service of the party, the date of actual receipt by the
order denying his motion. In court of such pleading and not the date
either case, he will have at least of delivery to the carrier, is deemed to
5 days to file his responsive be the date of the filing of that
pleading. pleading. 

Effect of non-compliance:  NOTE: PERSONAL and SUBSTITUTED

1. If the Order is not obeyed or in
case of insufficient compliance
therewith, the court:
a. may order the striking
out of the pleading or
service as applied to pleadings have a
different meaning compared to summons
under Rule 14. 

MODES OF SERVICE
PLEADINGS
1. PERSONAL SERVICE
a. Delivering personally a copy to
the party or his counsel or;
b. Leaving a copy in counsel’s
office with his clerk or with a
person having charge thereof or;
c. Leaving the copy between 8 a.m.
and 6 p.m. at the party’s or
counsel’s residence, if known,
with a person of sufficient age
and discretion residing therein---
if no person found in his office,
or if his office is unknown, or if
he has no office.
2. SERVICE BY MAIL
If no registry service is available in the
locality, of either sender or addressee,
service may be done by ordinary mail.
3. SUBSTITUTED SERVICE
Delivering the copy to the clerk of court
with proof of failure of both personal
and service by mail.   the person who did the mailing.
JUDGMENTS, FINAL ORDERS,
RESOLUTIONS (Sec.9)
1. By personal service; or
2. By registered mail;
3. By publication, if party is
summoned by publication and
has failed to appear in the
action.
They can be served only under the three
modes.
They CANNOT be served by substituted
service.  b. Registry receipt issued by the
NOTE: A resort to modes other than by
personal service must be accompanied
by a written explanation why the
service or filing was not done personally
(Sec. 11).  the action between the parties involving
Section 10. Completeness of service.
1. Personal service
a. by handling a copy to defendant;
or
b. tendering him copy if he refuses;
c. complete upon actual delivery
2. Service by ordinary mail:
Complete upon expiration of 10
days after mailing, unless the
court provides otherwise.
3. Service by registered mail:
a. Complete upon actual receipt by
the addressee; or
b. After 5 days from the date he
received the 1st notice of the
postmaster, whichever date is
earlier. 
Section 12. Proof of filing.
Filing is proved by its existence in the
record of the case.  
If it is not in the record, and:
If filed personally: proved by the
written or stamped acknowledgment of
its filing by the clerk of court on a copy
of the same; or
 If filed by registered mail: proved by
-the registry receipt and the affidavit of
 
Section 13. Proof of service
1. Proof of personal service:
a. Written admission of the party
served; or
b. Official return of the server; or
c. Affidavit of the party serving.
 
2. Proof of service by ordinary mail:
Affidavit of the person mailing;
 
3. Proof of service by registered mail:
a. Affidavit, and
mailing office.
Section 14. Notice of lis pendens.
LIS PENDENS - a notice of a pendency of
title to or right of possession over real
property.
It serves as a warning to all persons,
prospective purchasers or
encumbrancers of the property in
litigation to keep their hands off the
property in litigation unless they are
prepared to gamble on the result of the
proceedings.  Summons may be served by:
The defendant may also record a notice
of lis pendens when he claims an
affirmative relief in his answer.
Notice of lis pendens CANNOT be
cancelled on an ex parte motion or upon
the mere filing of a bond by the party on
whose title the notice is annotated, as
section 14 provides that such
cancellation may be authorized ONLY
upon order of court, after proper
showing that:
1. The notice is for the purpose of
molesting the adverse party; or
2. It is not necessary to protect the
rights of the party who caused it
to be recorded.  2. substituted service
RULE 14
SUMMONS
PURPOSE OF SUMMONS:
1. to acquire jurisdiction over the
person of the defendant, and;
2. to give notice to the defendant
that an action has been
commenced against him.  can be served by publication. If no
EFFECT OF NON-SERVICE: Unless there
is waiver, non-service or irregular
service renders null and void all
subsequent proceedings and issuances in
the action from the order of default up
to and including the judgment by default
and the order of execution.  Service on entity Upon
Where the defendant has already been
served with summons on the original
complaint, no further summons is
required on the amended complaint if it
does not introduce new causes of action.
But where the defendant was declared in
default on the original complaint and the
plaintiff subsequently filed an amended
complaint, new summons must be served
on the defendant on the amended
complaint, as the original complaint was
deemed withdrawn upon such
amendment.  guardians
Section 3. By whom served.
1. Sheriff
2. Sheriff’s deputy, or
3. Other proper court officers, or
4. For justifiable reasons, by any
suitable person authorized by
the court issuing the summons.
Enumeration is EXCLUSIVE. 
ALIAS SUMMONS – issued when original
has not produced its effect because it is
defective in form or manner of service,
and when issued, supersedes the first
(Section 5). 
KINDS OF SERVICE OF SUMMONS:
1. personal service
3. by publication 
In actions in personam where the
defendant cannot be served with
summons personally or by substituted
service, the case must first be converted
into an in rem or quasi in rem action by
attaching the property of the defendant
found in the Philippines before summons
property can be found, the action shall
be archived but shall not be dismissed.
(Citizens Surety vs. Court Appeals)
SERVICE OF SUMMONS ON DIFFERENT
ENTITIES
any or all
w/o juridical defendants being sued
personality under common name; or
person in charge of office
Service upon In case of minors: by
minors and serving upon the minor,
incompetents regardless of age, AND
upon his legal guardian, or
also upon either of his
parents.
In case of incompetents:
by serving on him
personally AND upon his
legal guardian, but not
upon his parents, unless
when they are his legal
IN ANY EVENT, if the
 minor or incompetent has
no legal guardian, the
plaintiff must obtain the
appointment of a guardian
ad litem for him.
Service upon Serve on officer having
prisoner management of the jail or
prison
Service upon To the president,
domestic private managing partner, general
juridical entity manager, corporate
ENTITY secretary, treasurer, or
in-house counsel.
NOTE: Service upon a
person other than those
mentioned is invalid and
does not bind the
corporation. The
enumeration is
EXCLUSIVE.
Service upon Serve on resident agent ;
foreign private or if none; on gov’t
juridical entity official designated by law;
or
on any officer or agent of
the corporation within the
Philippines.
Service upon in case defendant is the
public Republic of the
corporations Philippines - by serving
upon the Solicitor General
in case of a province, city
or municipality, or like
public corporations – by
serving on its executive
head, or on such other
officer or officers as the
law or the court may
direct.
Extraterritorial Requisites
service a. defendant does
not reside or is
not found within
the Phil.
b. he action either:
 affects the
personal status of
plaintiff;
 relates to or the
subject of which is
property within
the Philippines in
which defendant
has a lien or
interest;
 demands a relief
which consists
wholly or in part in
excluding the
defendant from
any interest in any
property within
the Phil; or
 property of
defendant has
been attached in
the Phil.
Mode of service
a. with leave of court
served outside the
Phil. By personal
service; or
b.with leave of court
serve by publication
in a newspaper of
general circulation,
in which case copy of
the summons and
order of court must
also be sent by
registered mail to
the last known
address of
defendant; or
c. any other manner
the court deem
sufficient.
Service upon a Substituted service or
resident with leave of court,
temporarily out of personal service out of
the Phil. the Phil. as under
extraterritorial service
Service upon an With leave of court, by
unknown publication in a
defendant or newspaper of general
whose circulatiuon
whereabouts are
unknown
 
Section 20. Voluntary appearance.
Any form of appearance in court, by the
defendant, by his agent authorized to do
so, or by attorney, is equivalent to
service of summons EXCEPT where such
appearance is precisely to object to the
jurisdiction of the court over the person
of the defendant. 
Inclusion in a motion to dismiss of other
grounds aside from lack of jurisdiction
over the person of the defendant shall notice or jointly submitted by
NOT be deemed a voluntary the parties, and
appearance.  4. Motions for summary judgment
which must be served at least 10
RULE 15 days before its hearing
MOTIONS 5. Non-litigated motions. 

Section 5. Notice of hearing.

MOTION – is an application for relief NOTICE OF HEARING shall:
other than by a pleading.  1. Be addressed to all parties
concerned
GENERAL RULE: Motions must be in 2. Specify the time and date of the
writing.  hearing which must not be later
EXCEPTION: Those made in open court than 10 days after the filing of
or in the course of hearing or trial.  the motion 

KINDS OF MOTIONS NOTE: Any motion that does not comply

with Sections 4, 5 and 6 of this Rule is a
a. motion EX PARTE- made without mere scrap of paper, should not be
the presence or a notification to the accepted for filing and, if filed, is not
other party because the question entitled to judicial cognizance and does
generally presented is not not affect any reglementary period
debatable. involved for the filing of the requisite
pleading. 
b. motion OF COURSE – where the
movant is entitled to the relief or Omnibus Motion Rule - All available
remedy sought as a matter of grounds for objection in attacking a
discretion on the part of the court. pleading, order, judgment, or
proceeding should be invoked at one
c. LITIGATED motion – one made with time, otherwise, they shall be deemed
notice to the adverse party to give waived. 
an opportunity to oppose.
Motion for leave to file a pleading or
d. SPECIAL motion- motion addressed motion shall be accompanied by the
to the discretion of the court.  pleading or motion sought to be
admitted, otherwise, the latter will be
GENERAL RULE: A motion cannot pray denied.
for judgment.  
EXCEPTIONS: RULE 16
1. Motion for judgment on the MOTION TO DISMISS
pleadings
2. Motion for summary judgment A Motion to Dismiss is NOT a responsive
3. Motion for judgment on pleading. 
demurrer to evidence. 
Section 1. Grounds.
Section 4. Hearing on motion.  1. No jurisdiction over the person
3-DAY NOTICE RULE  of the defending party
GENERAL RULE: Service of the copy of 2. No jurisdiction over the subject
motions should be made in such a matter of the claim
manner as shall ensure its receipt at 3. Improper venue
least 3 days before the hearing.  4. No legal capacity to sue
EXCEPTIONS: 5. Litis pendentia
1. Ex parte motions 6. Res judicata
2. Urgent motions 7. Prescription
3. Motions agreed upon by the 8. States no cause of action
parties to be heard on shorter
 9. Claim or demand has been paid, 2. Such ground appears in the
waived, abandoned, or allegations of the complaint or in
otherwise extinguished plaintiff’s evidence 
10. Claim is unenforceable under the
Statute of Frauds REQUISITES OF LITIS PENDENTIA
11. Non-compliance with a condition 1. Parties to the action are the
precedent for filing claim  same
  2. There is substantial identity in
MOTION TO DISMISS MOTION TO DISMISS the cause of action and relief
sought
UNDER RULE 16 UNDER RULE 33
3. The result of the first action is
(demurrer to determinative of the second in
evidence) any event and regardless of
which party is successful 
Grounded on based on insufficiency
preliminary of evidence. Motion to dismiss may be filed in either
objections. suit, not necessarily in the one instituted
first.
may be filed by any May be filed only by
defending party the defendant against
against whom a claim the complaint of the REQUISITES OF RES JUDICATA
is asserted in the plaintiff. 1. Previous final judgment
action. 2. Jurisdiction over the subject
matter and the parties by the
should be filed within May be filed only after court rendering it
the time for but prior the plaintiff has 3. Judgment upon the merits
to the filing of the completed the 4. In a case prosecuted between
answer of the presentation of his same parties
defending party to the evidence. 5. Involving the same subject
pleading asserting the
matter
claim against him.
6. Same cause of action 
If denied, defendant If denied, defendant
answers, or else he may present evidence  There could be res judicata without a
may be declared in if granted, plaintiff trial, such as in a judgment on the
default appeals and the Order pleadings (Rule 34); a summary
If granted, plaintiff of the dismissal is judgment (Rule 35); or an order of
may appeal or if reversed, the dismissal under Section 3 of Rule 17. 
subsequent case is not defendant loses his
barred, he may re-file right to present When the ground for dismissal is that the
the case evidence.
complaint states no cause of action, such
  fact can be determined only from the
Effect of motion to dismiss: A motion to facts alleged in the complaint. 
dismiss hypothetically admits the truth
of the facts alleged in the complaint.  Where the plaintiff has not exhausted
all administrative remedies, the
However, such admission is limited only complaint not having alleged the fact of
to all material and relevant facts which such exhaustion, the same may be
are well pleaded in the complaint.  dismissed for failure to state a cause of
action. 
An action cannot be dismissed on a
ground not alleged in the motion even if Non-compliance with P.D. 1508
said ground is provided for in Rule 16. (Katarungang Pambarangay Law) may
result to dismissal of the case on the
EXCEPT: ground of non-compliance with a
1. Those cases where the court may condition precedent.
dismiss a case motu proprio
(Sec. 1, Rule 9)
An action cannot be dismissed on the Section 5. Effect of dismissal
ground that the complaint is vague or GENERAL RULE: The action or claim may
indefinite. The remedy of the defendant be refiled.
is to move for a bill of particulars or EXCEPTION: The action cannot be
avail of the proper mode of discovery.  refiled if it was dismissed on any of
these grounds:
GENERAL TYPES OF A MOTION TO 1. Res judicata;
DISMISS 2. Prescription;
1. motion to dismiss before answer 3. Extinguishment of the claim
under Rule 16 or demand;
2. motion to dismiss under Rule 17 4. Unenforceability under the
a. upon notice by plaintiff   Statute of Frauds. 
b. upon motion of plaintiff
c. due to fault of plaintiff Section 6. Pleading grounds as
3. motion to dismiss on demurrer to affirmative defenses.
evidence after plaintiff has rested If no motion to dismiss had been filed,
his case under Rule 33 any of the grounds for dismissal provided
4. motion to dismiss the appeal filed for in Rule 16, INCLUDING IMPROPER
either in the lower court (Rule VENUE, may be pleaded as affirmative
41,Sec. 13) or in the appellate defenses and preliminarily heard in the
court (Rule 50, Sec.1 ).  discretion of the court.

EFFECTS OF REMEDY Dismissal under this section – WITHOUT

prejudice to the prosecution in the same
ACTION ON MTD
or separate action of a COUNTERCLAIM
Order granting motion Appeal from the order
pleaded in the answer 
to dismiss is final of dismissal
order
Order denying the Certiorari and RULE 17
motion to dismiss is prohibition if there is DISMISSAL OF ACTIONS
interlocutory grave abuse of
discretion amounting Section 1. Dismissal upon notice by
to lack or excess of plaintiff.
jurisdiction under
Rule 65 Dismissal is effected not by motion but
by mere NOTICE of dismissal which is a
matter of right BEFORE the defendant
Section 4. Time to plead. has answered or moved for a summary
judgment. 
Defendant is granted only the balance of
the reglementary period to which he was But notice of dismissal requires an order
entitled at the time he filed his motion of the court confirming the dismissal.  
to dismiss, counted from his receipt of Such dismissal is WITHOUT PREJUDICE,
the denial order, but not less than 5 days EXCEPT:
in any event. 1. Where the notice of dismissal so
provides;
The same rule of granting only the 2. Where the plaintiff has previously
balance of the period is followed where dismissed the same case in a
the court, instead of denying the motion court of competent jurisdiction
to dismiss, orders the amendment of the (TWO-DISMISSAL RULE);
pleading challenged by the motion, in 3. Even where the notice of dismissal
which case, the balance of the period to does not provide that it is with
answer runs from his receipt of the prejudice but it is premised on
amended pleading.  the fact of payment by the
defendant of the claim
involved. 
Section 2. Dismissal upon motion of the presentation of his evidence
plaintiff. in chief on the complaint
2. Plaintiff fails to prosecute his
Where the plaintiff moves for the action for an unreasonable
dismissal of his complaint to which a length of time (NOLLE
counterclaim has been interposed, the PROSEQUI)
dismissal shall be limited to the 3. Plaintiff fails to comply with
complaint.  these Rules or any order of the
court. Unjustifiable inaction on
Such dismissal shall be without prejudice the part of plaintiff to have the
to the right of the defendant to either: case set for trial is a ground for
1. Prosecute his counterclaim in a dismissal for failure to
separate action, prosecute. 

In this case, the court should Complaint may be dismissed

render the corresponding order
granting and reserving his right
to prosecute his claim in a
separate complaint.
-OR-
2. To have the same resolved in the
same action.
In such case, defendant must
manifest such preference to the
trial court within 15 days from
notice to him of plaintiff’s
motion to dismiss.  plaintiff;
These alternative remedies of the
defendant are available to him
REGARDLESS OF WHETHER HIS
COUNTERCLAIM IS COMPULSORY OR
PERMISSIVE.  otherwise stated in
Dismissal under this rule is WITHOUT
PREJUDICE, EXCEPT:
1. When otherwise stated in the
motion to dismiss;
2. When stated to be with
prejudice in the order of the
court.  of the defendant to
The approval of the court is necessary in
the dismissal or compromise of a class
suit.
Section 3. Dismissal due to fault of
plaintiff.  counterclaim resolved
CAUSES FOR DISMISSAL
1. Plaintiff fails to appear for no
justifiable cause on the date of
1. Upon motion of the defendant,
or
2. Upon court’s own motion.
Dismissal shall have the effect of an
ADJUDICATION UPON THE MERITS
(WITH PREJUDICE), unless otherwise
declared by the court.
SECTION 2 SECTION 3
Dismissal is at the Dismissal is not
instance of the procured by plaintiff
though justified by
causes imputable to
him;
Dismissal is a matter Dismissal is a matter
of procedure, without of evidence, an
prejudice unless adjudication on the
merits;
the order of the court
or on plaintiff’s
motion to dismiss his
own complaint;
Dismissal is without Dismissal is without
prejudice to the right prejudice to the right
of the defendant to
prosecute his prosecute his
counterclaim in a counterclaim on the
separate action unless same or separate
w/in 15 days from action.
notice of the motion
he manifests his
intention to have his
in the same action
 RULE 18
PRE-TRIAL
PRE-TRIAL- a mandatory conference and
personal confrontation before the judge
between the parties and their respective
counsel.  EFFECT OF NON-APPEARANCE OF
The plaintiff must promptly move ex
parte that the case be set for pre-trial ,
and this he must do upon the service and
filing of the last pleading. 
The pre-trial and trial on the merits of
the case must be held on separate
dates.  with the sanctions provided therein.
When non-appearance of a party may
be excused (Sec.4):
1. If a valid cause is shown
therefore
2. If a representative shall appear
in his behalf fully authorized in
writing to:
a. Enter into an amicable
settlement
b. Submit to alternative modes
of dispute resolution
c. Enter into stipulations or
admissions of facts and of
documents
A special authority for an attorney to
compromise is required under Sec. 23,
Rule 138. Under Art. 1878 (c) of the
Civil Code, a special power of attorney
is required. 
EFFECT OF NON-APPEARANCE OF
PLAINTIFF:
Cause for dismissal of the action, with
prejudice, unless otherwise ordered by
the court. 
DEFENDANT:
Cause to allow the plaintiff to present
evidence ex parte and the court to
render judgment on the basis thereof.  
Pre-trial brief. It is the mandatory duty
of the parties to seasonably file their
pre-trial briefs under the conditions and
 
Failure to file pre-trial brief has the
same effect as failure to appear at the
pre-trial.
Record of pre-trial. The contents of the
PRE-TRIAL order shall control the
subsequent course of the action, UNLESS
modified before trial to prevent
manifest injustice. 
A party is deemed to have waived the
delimitations in a pre-trial order if he
failed to object to the introduction of
evidence on an issue outside of the pre-
trial order, as well as in cross-examining
the witness in regard to said evidence.  
FOR CHART ON PRE-TRIAL PLS. SEE THE NEXT
PAGE. 
 PRE-
TRIAL

No Amicable Failure to Appear

Settlement Settlement

Agreements made
by parties; If plaintiff is If defendant
Amendments to Absent, when is absent,
pleading; so required to court may
Schedule of trial attend, the hear evidence
court may of plaintiff ex
dismiss the parte
case

TRIAL
2. Whether or not the intervenor’s
If evidence is insufficient to
prove plaintiff’s cause of
Court action or defendant’s
renders counterclaim, court rules in
decision favor of either one or
dismisses the case

rights may be fully protected in

a separate proceeding.

The interest which entitles a person to

RULE 19
INTERVENTION
WHO may intervene?
1. One who has legal interest in the
matter in litigation
2. One who has legal interest in the
success of either of the parties,
3. One who has an interest against
both parties
4. One who is so situated as to be
adversely affected by
distribution or other disposition
of property in the custody of the
court or of an officer thereof.
FACTORS TO BE CONSIDERED BY THE
COURT
1. Whether or not the intervention
will unduly delay or prejudice
the adjudication of the rights of
the original parties;
intervene in a suit must be on the
matter in litigation and of such direct
and immediate character that the
intervenor will either gain or lose by the
direct legal operation and effect of the
judgment. 
INTERVENTION INTERPLEADER
An ancillary action. An original action.
Proper in any of the Presupposes that the
a four situations plaintiff has no
mentioned in this interest in the subject
Rule. matter of the action
or has an interest
therein, which in
whole or in part, is
not disputed by the
other parties to the
action.
Defendants are Defendants are being
already original sued precisely to
parties to the pending implead them
suit
 Section 2. By whom issued
WHO may issue
Section 2. Time to intervene. 1. Court before whom the witness
At any time before rendition of is required to attend
judgment by the trial court.  2. Court of the place where the
deposition is to be taken
JUSTIFICATION: Before judgment is 3. Officer or body authorized by
rendered, the court, for good cause law to do so in connection with
shown, may still allow the introduction investigations conducted by said
of additional evidence and that is still officer or body
within the liberal interpretation of the 4. Any Justice of the SC or of the
period for trial. CA in any case or investigation
pending within the Philippines. 
Since no judgment has yet been
rendered, the matter subject of the SUBPOENA TO A PRISONER – must be for
intervention may still be readily resolved a valid purpose; if prisoner required to
and integrated in the judgment disposing appear in court is sentenced to death,
of all claims in the case.  reclusion perpetua or life imprisonment
and is confined in prison – must be
REMEDIES FOR THE DENIAL OF authorized by the SC.
INTERVENTION:
1. APPEAL Section 4. QUASHING A SUBPOENA. 
2. MANDAMUS if there is grave A. Subpoena DUCES TECUM may be
abuse of discretion quashed upon proof that:
If there is improper granting of 1. It is unreasonable and
intervention, the remedy of the party is oppressive;
certiorari.  2. The articles sought to be
produced do not appear prima
RULE 21 facie to be relevant to the
SUBPOENA issues;
3. The person asking for the
subpoena does not advance the
SUBPOENA SUMMONS
cost for the production of the
an order to appear and Order to answer
testify or to produce complaint articles desired. 
books and documents
may be served to a Served on the B. Subpoena AD TESTIFICANDUM may
non-party defendant be quashed if the witness is not bound
needs tender of does not need tender thereby. 
kilometrage, of kilometrage and
attendance fee and other fees In EITHER case, the subpoena may be
reasonable cost of quashed for failure to tender the witness
production fee fees and kilometrage allowed by the
  Rules.
SUBPOENA AD TESTIFICANDUM – a
process directed to a person requiring GENERAL RULE
him to attend and to testify at the a. The court which issued the
hearing or the trial of an action, or at subpoena may issue a warrant
any investigation conducted by for the arrest of the witness and
competent authority, or for the taking of make him pay the cost of such
his deposition. warrant and seizure, if the court
should determine that his
SUBPOENA DUCES TECUM – a process disobedience was willful and
directed to a person requiring him to without just cause (Sec. 8);
bring with him books, documents, or
other things under his control. b. The refusal to obey a subpoena
without adequate cause shall be
 deemed a contempt of the court Modes of Discovery are intended to be
issuing it (Sec.9).  CUMULATIVE, and not alternative nor
Exceptions: mutually exclusive. 
Provisions regarding the compelling of
attendance (Sec. 8) and contempt (Sec. Discovery is NOT MANDATORY but failure
9) does not apply where: to avail carries sanctions in Rules 25 and
26.
a. Witness resides more than 100
km from his residence to the
place where he is to testify by
the ordinary course of travel,
generally, by overland
transportation (VIATORY
RIGHT). RULE 23
DEPOSITIONS PENDING ACTION
b. Permission of the court in which
the detention prisoner’s case is DEPOSITION – is a written testimony of a
pending was not obtained. witness given in the course of a judicial
  proceeding in advance of the trial or
RULES OF DISCOVERY  hearing upon oral examination or in
DISCOVERY - is the procedure by which response to written interrogatories and
one party in an action is enabled to where an opportunity is given for cross-
obtain before trial knowledge of examination. 
relevant facts and of material evidence
in the possession of the adverse party or Depositions are intended as a means to
of a witness.  compel disclosure of facts resting in the
knowledge of a party or other person,
Rationale of discovery: to enable the which are relevant in a suit/proceeding. 
parties to obtain the fullest possible
knowledge of the issues and evidence CLASSIFICATIONS OF DEPOSITIONS
long before the trial to prevent such trial 1. Depositions on ORAL
from being carried on in the dark.  EXAMINATION and Depositions
upon WRITTEN
Modes of discovery under the Rules of INTERROGATORIES
Court 2. Depositions DE BENE ESSE -
1. Depositions pending action (Rule those taken for purposes of a
23). pending action (Rule 23) ; and
2. Depositions before action or 3. Depositions IN PERPETUAM REI
pending appeal (Rule 24). MEMORIAM - those taken to
3. Interrogatories to parties (Rule perpetuate evidence for
25). purposes of anticipated action,
4. Admission by adverse party (Rule or in the event of further
26). proceedings in a case on appeal,
5. Production or inspection of and to preserve it against danger
documents, or things (Rule 27). of loss (Rule 24). 
6. Physical and mental examination
of persons (Rule 28).  WHEN TAKEN
WITH LEAVE OF COURT
Discovery before answer. 1. after jurisdiction has been
It is only in the exceptional or unusual obtained over any defendant or
case that the need for discovery arises, over the property which is the
or that it should be allowed before subject of the action and
service of answer.  BEFORE answer.
2. Deposition of a person confined
in prison. 
 by taking his deposition because
WITHOUT LEAVE OF COURT depositions are taken for discovery and
AFTER answer AND deponent is not not for use as evidence.
confined in prison. 
Exception: If a party offers the
Section 4. Use of depositions. deposition in evidence, then he is
Where the witness is available to testify deemed to have made the deponent his
and the situation is not one of those witness (Sec.8)
excepted under Sec. 4, his deposition is
inadmissible in evidence and he should Exception to the Exception: Unless the
be made to testify.  deposition is that of any adverse party,
and unless, of course, the deposition is
It can be used as evidence by a party for used for impeaching or contradicting the
any purpose under the specific deponent (Sec.8). 
conditions in Sec. 4. 
Section 10 and 11. Persons before
whom depositions may be taken. 
 DEPONENT USE
WITHIN THE PHILIPPINES:
Any person By any party for 1. judge
contradicting or 2. notary public
impeaching the 3. any person authorized to
testimony of deponent administer oaths, as stipulated
as witness
by the parties in writing 
A party or any one By an adverse party for
who at the time of any purpose OUTSIDE THE PHILIPPINES:
the deposition was 1. on notice, before a secretary of
an OFFICER, embassy or legation, consul
DIRECTOR, or general, consul, vice-consul, or
MANAGING AGENT of consular agent of the Phil.
a public or private 2. before such person or officer as
corp., partnership, may be appointed by commission
or association which or letters rogatory
is a party
3. any person authorized to
Witness, whether or By any party for any
administer oaths, as stipulated
not a party purpose if the court by the parties in writing 
finds the 5 instances
occurring Section 12. Commission or letters
  rogatory. 

SCOPE OF INQUIRY IN DEPOSITIONS: COMMISSION LETTERS ROGATORY

1. Matter which is relevant to the
subject of the pending action;
2. Not privileged
3. Not restricted by a protective
order  

Certiorari will not lie against an order

admitting or rejecting a deposition in
evidence, the remedy being an appeal
from the final judgment. 

Section 7. Effect of taking depositions.

A party shall not be deemed to make a

person his own witness for any purpose
 Issued to a non- Issued to the
judicial foreign officer appropriate judicial  Section 6. Use of deposition.
who will directly take officer of the foreign
the testimony country who will direct If deposition is taken under this Rule, it
somebody in said
may be used in any action involving the
foreign country to take
down testimony SAME SUBJECT MATTER subsequently
Applicable rules of Applicable rules of brought.
procedure are those of procedure are those of
the requesting court the foreign court Section 7. Depositions pending appeal.
requested to act Sec. 7 is the procedure in perpetuating
Resorted to if Resorted to if the testimony AFTER JUDGMENT IN THE RTC
permission of the execution of the and DURING THE PENDENCY OF AN
foreign country is commission is refused APPEAL. 
given in the foreign country
Leave of court is not Leave of court is
necessary necessary
Section 18. Motion to terminate or RULE 25
limit examination. INTERROGATORIES TO PARTIES
MAY BE FILED: PURPOSE of Written Interrogatories: to
1. any time during the taking of the elicit facts from any adverse party
deposition (answers may also be used as admissions
2. on motion or petition of any of the adverse party) 
party or of the deponent; or
3. upon showing that the Written interrogatories and the answers
examination is conducted in : thereto must both be FILED and SERVED.
a. bad faith
b. in such manner as Interrogatories Bill of Particulars
unreasonably to annoy, A party may properly A party may properly
seek disclosure of seek disclosure only of
embarrass, or oppress
matters of proof matters which define
the deponent or party  which may later be the issues and become
made a part of the a part of the
records as evidence. pleadings.
RULE 24  
DEPOSITIONS BEFORE ACTION OR A party may serve written
PENDING APPEAL interrogatories: 
1. WITHOUT LEAVE OF COURT –
Depositions under this Rule are also after answer has been served,
taken conditionally, to be used at the for the first set of
trial only in case the deponent is not interrogatories.
available.  2. WITH LEAVE OF COURT – before
answer has been served
Depositions under this Rule do not prove (REASON: at that time, the
the existence of any right and the issues are not yet joined and the
testimony perpetuated is not in itself disputed facts are not yet clear,
conclusive proof, either of the existence when more than one set of
of any right nor even of the facts to interrogatories is to be served.)
which they relate, as it can be
controverted at the trial in the same A judgment by default may be rendered
manner as though no perpetuation of against a party who fails to answer
testimony was ever had. However, in the written interrogatories 
absence of any objection to its taking,
and even if the deponent did not testify Only one set of interrogatories by the
at the hearing, the perpetuated same party is allowed. Leave of court is
testimony constitutes prima facie proof necessary for succeeding sets of
of facts referred to in the deposition.  interrogatories.
 Interrogatories Interrogatories
Section 6. Effect of failure to serve no fixed time 15 days to answer
written interrogatories. unless extended or
reduced by the court
Rule 25 and Rule 26 are directed to the  
party who fails and refuses to RESORT to
the discovery procedures, and should not RULE 26
be confused with the provisions of Rule ADMISSION BY ADVERSE PARTY
29 which provides for sanctions or other
consequences upon a party who refuses Section 1. Request for admission.
or fails to COMPLY with discovery
procedures duly availed of by opponent.  PURPOSE OF written request for
admission is to expedite trial and relieve
the parties of the costs of proving facts
which will not be disputed on trial and
The justification for this provision is that the truth of which can be ascertained by
the party in need of relevant facts reasonable inquiry. 
having foregone the opportunity to
inquire into the same from the other When request may be made: at any time
party through means available to him, he after the issues have been joined.
should not thereafter be permitted to
unduly burden the latter with courtroom What request may include
appearances or other cumbersome 1. Admission of the genuineness of
processes.  any material and relevant
document described in and
Unless a party had been served written exhibited with the request.
interrogatories, he may not be 2. Admission of the truth of any
compelled by the adverse party: material and relevant matter of
1. to give testimony in open court, fact set forth in the request.
or 3. Under this rule, a matter of fact
2. give a deposition pending not related to any documents
appeal. may be presented to the other
party for admission or denial. 
The only exception is when the court
allows it for GOOD CAUSE shown and to Section 2. Implied Admission.
prevent a failure of justice.  The effect of a FAILURE to make a reply
to a request for admission is that each of
Depositions Upon Interrogatories to the matters of which an admission is
Written Parties under Rule requested is deemed admitted.
Interrogatories to 25
Parties under Rule A sworn statement either denying
23 Sec. 25 specifically each matter or setting forth
As to Deponent As to Deponent in detail the reasons why he cannot
Party or ordinary party only truthfully admit or deny those matters
witness must be filed and served upon the party
As to Procedure As to Procedure requesting the admission. 
With intervention of no intervention.
the officer authorized Written Section 3. Effect of admission.
by the Court to take interrogatories are USE: An admission under this section is
deposition directed to the party for the purpose of the pending action
himself only and cannot be used in other
proceedings. 
As to Scope As to Scope
Direct, cross, redirect, only one set of The party who fails or refuses to request
re-cross interrogatories the admission of facts in question is
prevented from thereafter presenting
evidence thereon UNLESS otherwise Where the party examined requests and
allowed by the court (Sec.5).  obtains a report on the results of the
  examination the consequences are:
1. he has to furnish the other party
RULE 27 a copy of the report of any
PRODUCTION OR INSPECTION OF previous or subsequent
DOCUMENTS OR THINGS examination of the same
physical and mental condition,
Production of documents affords more AND
opportunity for discovery than a 2. he waives any privilege he may
subpoena duces tecum because in the have in that action or any other
latter, the documents are brought to the involving the same controversy
court for the first time on the date of regarding the testimony of any
the scheduled trial wherein such other person who has so
documents are required to be produced.  examined him or may thereafter
The TEST to be applied in determining examine him. 
the relevancy of the document and the
sufficiency of their description is one of
reasonableness and practicality. 
RULE 29
PRODUCTION OR SUBPOENA DUCES REFUSAL TO COMPLY WITH MODES OF
INSPECTION OF TECUM DISCOVERY
DOCUMENTS OR
THINGS SANCTIONS
Essentially a mode of means of compelling 1. Contempt;
discovery production of
2. Payment of reasonable fees;
evidence
The Rules is limited to may be directed to a
3. The matters regarding which the
the parties to the person whether a questions were asked, character
action party or not or description of land et al., be
The order under this may be issued upon an taken to be in accordance with
Rule is issued only ex parte application. the claim of party obtaining the
upon motion with order;
notice to the adverse 4. Prohibition on the refusing party
party to produce evidence or support
  or oppose designated claims or
defenses;
5. Striking out pleadings, order the
RULE 28
dismissal of the action or stay
PHYSICAL AND MENTAL EXAMINATION
the action until compliance or to
OF PERSONS
render judgment by default.
6. Order the arrest of the refusing
party except in cases of physical
The mental condition of a party is in
or mental examination. 
controversy in proceedings for
GUARDIANSHIP over an imbecile or
RULE 30
insane person, while the physical
TRIAL
condition of the party is generally
involved in PHYSICAL INJURIES cases. 
TRIAL – judicial process of investigating
and determining the legal controversies
Since the results of the examination are
starting with the production of evidence
intended to be made public, the same
by the plaintiff and ending with his
are not covered by the physician-patient
closing arguments.
privilege.  
GENERAL RULE: when an issue exists,
Section 4. Waiver of privilege.
trial is necessary. Decision should not be
made without trial. 
 EXCEPTIONS: when there may be Unless the court for special reasons
judgment without trial: otherwise directs, the trial shall be
1. Judgment on the Pleading limited to the issues stated in the pre-
(Rule 34) trial order. 
2. Summary Judgment (Rule 35)
3. Judgment on Compromise Section 6. Agreed statements of facts.
4. Judgment by Confession This is known as STIPULATION OF FACTS
5. Dismissal with Prejudice and is among the purposes of a pre-trial.
(Rule 17)
  The parties may also stipulate verbally in
Section 3. Requisites of motion to open court. Such stipulations are binding
postpone trial for absence of evidence. unless relief therefrom is permitted by
the court on good cause shown, such as
There must be an affidavit showing: error or fraud.
1. materiality or relevance of such
evidence; and But counsel cannot stipulate on what
2. due diligence in procuring it.  their respective EVIDENCE consists of
and ask that judgment be rendered on
If the adverse party admits the facts for the basis of such stipulation. 
which evidence is to be presented, the
trial will not be postponed.  Stipulations of facts are not permitted in
actions for ANNULMENT OF MARRIAGE
Section 4. Requisites of motion to and for LEGAL SEPARATION. 
postpone trial for illness of party or
counsel. Section 8. Suspension of actions. 
There must be an affidavit or sworn Art. 2030 of the Civil Code. Every civil
certification showing: action or proceeding shall be suspended
1. presence of party or counsel at 1. If willingness to discuss a
the trial is indispensable; and possible compromise is
2. character of his illness is such as expressed by one or both
to render his non-attendance parties; or
excusable. 2. If it appears that one of the
parties, before the
Section 5. Order of trial unless commencement of the action or
directed by the court. proceeding, offered to discuss a
possible compromise but the
other party refused the offer. 
Plaintiff presents
evidence Section 9. Judge to receive evidence;
delegation to clerk of court.  
GENERAL RULE: the judge must himself
personally receive and resolve the
Defendant presents Defendant files
evidence of the parties. 
evidence to demurrer to
support his evidence However, the reception of such
defense/countercla evidence may be delegated under the
im/crossclaim/ following conditions:
third party 1. The delegation may be made
complaint only in defaults or ex parte
hearings, or an agreement in
writing by the parties.
2. The reception of evidence shall
Third If court If court be made only by the clerk of
party grants denies that court who is a member of
defendant motion: motion: the bar.
presents Renders Continues 3. Said clerk shall have no power to
eidence, if dismisal with rule on objections to any
any hearing

Rebuttal
Evidence by After
Parties Presentation of
evidence:
oral arguments
 memoranda
question or to admission of
evidence or exhibits; and
4. He shall submit his report and
transcripts of the proceedings,
together with the objections to
be resolved by the court, within
10 days from the termination of
the hearing.
RULE 31
CONSOLIDATION OR SEVERANCE
GENERAL RULE: Consolidation is
discretionary upon the court  Situations when reference
EXCEPTIONS: Consolidation becomes a
matter of duty when:
1. if the cases are pending before
the same judge OR
2. if filed with different branches
of a court and one of such cases
has NOT been partially tried.
 
REQUISITES FOR CONSOLIDATION:
1. When actions involving a
common question of law or fact,
and
2. The actions are pending before
the same court
if filed with DIFFERENT
courts, authorization from
the SC is necessary.
3 WAYS OF CONSOLIDATING CASES:
1. by RECASTING THE CASES
ALREADY INSTITUTED,
conducting only one hearing and
rendering only one decision;
2. by CONSOLIDATING THE EXISTING
CASES and holding only one
hearing and rendering only one
decision; and
3. by HEARING ONLY THE PRINCIPAL
CASE and suspending the hearing
on the others until judgment has
been rendered in the principal
case. (TEST-CASE METHOD)
Consolidation of cases on appeal and
assigned to different divisions of the SC
and the CA is also authorized. Generally,
the case which was appealed later and
bearing the higher docket no. is
consolidated with the case having the
lower docket no. 
RULE 32
TRIAL BY COMMISSIONER
COMMISSIONER- a person to whom a
cause pending in court is referred, for
him to take testimony, hear the parties
and report thereon to the court, and
upon whose report, if confirmed,
judgment is rendered.
Reference to a commissioner may be had
by the written consent of both parties.
to a
Commissioner may be made on motion
(Sec.2):
1. Examination of a long account
2. Taking of an account is necessary
3. Question of fact, other than
upon the pleading arises; or
4. Carrying a judgment or order
into effect.
Disobedience to a subpoena issued by
the commissioner is deemed a contempt
of the court which appointed the latter.
 
RULE 33
DEMURRER TO EVIDENCE
Section 1. Demurrer to evidence.
DEMURRER TO MOTION TO DISMISS
EVIDENCE
It is presented after presented before a
the plaintiff has responsive pleading
rested his case (answer) is made by
the defendant
The ground is based it may be based on
on insufficiency of any of those
evidence enumerated in Rule 16
2 Scenarios
MOTION DENIED MOTION GRANTED
BUT REVERSED ON
APPEAL
Movant shall have the Movant is deemed to
right to present his have waived his right
evidence to present evidence.
The decision of the
 appellate court will
be based only on the
evidence of the JUDGMENT ON DEMURRER TO EVIDENCE
plaintiff as the is a judgment rendered by the court
defendant loses his
dismissing a case upon motion of the
right to have the
case remanded for defendant, made after plaintiff has
reception of his rested his case, on the GROUND that
evidence. upon the facts presented by the plaintiff
denial is order of the court is and the law on the matter, plaintiff has
INTERLOCUTORY. Sec. an ADJUDICATION ON not shown any right to relief. 
1 , Rule 36 (that THE MERITS, hence,
judgment should state the requirement in RULE 34
clearly and distinctly Sec. 1, Rule 36
JUDGMENT ON THE PLEADINGS
the facts and the law should be complied
on which it is based), with.
will not apply. A judgment on the pleadings must be on
The denial is NOT motion of the claimant. (NO
appealable. SUPPORTING PAPERS ARE REQUIRED
 CIVIL CASES CRIMINAL CASES BECAUSE EVERTHING IS BASED ON THE
Defendant need not ask leave of court is PLEADINGS.)
for leave of court; necessary so that the
accused could HOWEVER, if at the pre-trial the court
present his evidence finds that a judgment on the pleadings is
if the demurrer is proper, it may render such judgment
denied motu proprio.  
if the court finds if the court finds the
plaintiff’s evidence prosecution’s GROUNDS:
insufficient, it will evidence insufficient,
1. Answer fails to tender an issue
grant the demurrer by it will grant the
dismissing the demurrer by
because of:
complaint. The rendering judgment a. general denial of the
judgment of dismissal is acquitting the material allegations of
appealable by the accused. Judgment the complaint;
plaintiff. If plaintiff of acquittal is not b. insufficient denial of the
appeals and judgment appeallable; double material allegations of
is reversed by the jeopardy sets-in the complaint ; or
appellate court, it will 2. Answer admits material
decide the case on the allegations of the adverse
basis of the plaintiff’s
evidence with the
party’s pleading
consequence that the  
defendant already loses  By moving for judgment on the
his right to present pleading, plaintiff waives his claim
evidence no res for unliquidated damages. Claim for
judicata in dismissal such damages must be alleged and
due to demurrer proved.
if court denies if court denies the
demurrer, defendant demurrer: NO JUDGMENT ON THE PLEADINGS IN
will present his If demurrer was with
evidence leave, accused may
ACTIONS FOR
present his evidence 1. Declaration of nullity of
If the demurrer was marriage
without leave, 2. Annulment of marriage
accused can no 3. Legal Separation
longer present his
evidence and submits
the case for decision
based on the Motion to Dismiss Motion for
prosecution’s judgment on the
evidence pleadings
 pleadings, the pleadings. complaint and
Filed by a defendant Filed by the plaintiff depositions, evidence, if
to a complaint, if the answer raises admissions presentation is
counterclaim, cross- no issue. and affidavits required.
claim or 3rd-party Available to generally Available to
complaint both plaintiff available only plaintiff.
and defendant to the plaintiff,
unless the
If the complaint states no cause of defendant
action, a motion to dismiss should be presents a
filed and not a motion for judgment on counterclaim.
the pleading. There is The answer no issues as no
no genuine fails to tender answer is filed
issue between an issue or by the
the parties, there is an defending
RULE 35
i.e. there may admission of party.
SUMMARY JUDGMENTS be issues but material
these are allegations.
SUMMARY JUDGMENT irrelevant
One granted by the court for the prompt 10-day notice 3-day notice 3-day notice
disposition of civil actions wherein it required required rule applies.
clearly appears that there exists NO May be On the merits On the merits
genuine issue or controversy as to any interlocutory
material fact. or on the
merits
 
Who can File  
1. Plaintiff: he must wait for the
answer to be filed and served, and RULE 36
thus for the issue to be joined, JUDGMENTS, FINAL ORDERS AND ENTRY
before he can move for summary THEREOF
judgment.
2. Defendant: he can move for
summary judgment at anytime, that JUDGMENT- final consideration and
is, anytime after filing and service of determination by a court of the rights of
the complaint even before he the parties, upon matters submitted to it
answers in an action or proceeding.  
 
The motion for summary judgment must The date of finality of the judgment or
be supported by (1) affidavit, (2) final order shall be deemed to be the
depositions of the adverse party or a date of its entry. 
third party, or (3) admissions of the
adverse party, all intended to show that: REQUISITES OF A JUDGMENT:
a. there is no genuine issue as to 1. It should be in writing, personally
any material fact, except and directly prepared by the judge
damages which must always be 2. Must state clearly and distinctly the
proved, and facts and the law on which it is
b. the movant is entitled to a based
judgment as a matter of law. 3. It should contain a dispositive part
  and should be signed by the judge
The summary judgment may be a and filed with the clerk of court. 
judgment on the merits, in which case,
an appeal may be taken therefrom.   PROMULGATION- the process by which a
decision is published, officially
announced, made known to the public or
SUMMARY JUDGMENT JUDGMENT delivered to the clerk of court for filing,
JUDGMENT ON THE BY DEFAULT coupled with notice to the parties or
PLEADINGS (Rule 9) their counsel. 
Based on the based solely on based on the
MEMORANDUM DECISION- a decision of
the appellate court which adopts the
findings and the conclusion of the trial
court. 
JUDICIAL COMPROMISE
 A judgment based on a
compromise which has the force
of law and is conclusive between
parties.
 Not appealable.
 
A JUDGMENT is considered RENDERED
Upon filing of the signed decision. This
includes an amended decision because
an amended decision is a distinct and
separate judgment and must follow the
established procedural rule. 

The power to amend a judgment is

inherent to the court before judgment
becomes final and executory. 

After judgment has become executory,

the court cannot amend the same

EXCEPT:
1. To make corrections of
clerical errors, not
substantial amendments, as
by an amendment nunc pro
tunc.
2. To clarify an ambiguity
which is borne out by and
justifiable in the context of
the decision.
3. In judgments for support,
which can always be
amended from time to time. 

MANNER OF ATTACKING JUDGMENTS:

1. Direct attack
a. before finality
1. motion for new trial or
reconsideration;
2. appeal
b. after finality
1. relief from judgment, rule
38
2. annulment of judgment,
Rule 47.

2.Collateral attack 
 Court Renders Decision
Section 6. Separate Judgments
Proper when more than one claim for
relief is presented in an action and a
determination as to the issues
Losing Party
Filing appeal material to the claim has been
within 15/30 made. The action shall proceed
days from as to the remaining claims. 
notice of
Accepts judgment
decision
Within 15/30
without further days from
Judgment NUNC PRO TUNC
contest notice of
(literally means “now for then”)
judgment:  rendered to enter or
Motion for
reconsideration; or record such judgment as
Court motion for new trial has been formerly rendered but
maintains has not been entered as thus
decision
rendered
Court grants
 its only function is to
motion: record some act of the
If no appeal is 1.modifies decision; or
taken or did 2.grants new trial court which was done
not avail of at a former time, but which was
remedies,
judgment
not then recorded, in order to
becomes final make the record speak
and executory Losing party the truth, without any
may appeal changes in substance
within the or any material
respect.
PROMULGATION OF remaining period
JUDGMENT Judgment upon Agreement or
Compromise 
A compromise agreement between the
parties to a case on which the decision
of the court was based has upon the
parties the effect and authority of res
judicata. It is immediately executory. 

Judgment by Confession 
Judgment upon confession is one which
is rendered against a party upon his
petition or consent. It usually happens
when the defendant appears in court and
confesses the right of the plaintiff to
Section 4. Several judgments. judgment or files a pleading expressly
Several judgment is proper where the agreeing to the plaintiff’s demand. 
liability of each party is clearly
separable and distinct from his co- Two kinds of judgment by confession
parties such that the claims against each 1. A judgment by COGNOVIT
of them could have been the subject of ACTIONEM – here, the defendant
separate suits, and the judgment for or after service instead of entering
against one of them will not necessarily a plea, acknowledged and
affect the other.  confessed that the plaintiff’s
cause of action was just and
A several judgment is NOT proper in rightful.
actions against solidary debtors.  2. A judgment by CONFESSION
RELICTA VERIFICATIONE – after
 pleading and before trial, the
defendant both confessed the
plaintiff’s cause of action and
withdrew or abandoned his plea
An order denying a motion for new trial
or other allegations, whereupon
is not appealable. 
judgment was entere against him
without proceeding to trial. 
NEW TRIAL - the rehearing of a case
already decided by the court but before
Judgment upon Judgment by the judgment rendered thereon becomes
Compromise Confession final and executory, whereby errors of
The provisions and An affirmative and law or irregularities are expunged from
terms are settled and voluntary act of the the record, or new evidence is
agreed upon by the defendant himself. introduced, or both steps are taken.
parties to the action, The court exercises a Purpose: to set aside the judgment or
and which is entered certain amount of
final order and grant a new trial.
in the record by the supervision over the
consent of the court. entry of judgment.
WHEN to file: within period for taking
  appeal.
Clarificatory Judgment
rendered by the court, upon motion, WHERE to file: with the trial court
when a judgment previously rendered is which rendered the questioned
ambiguous and difficult to comply with. judgment. 

 AMENDED OR SUPPLEMENTAL MOTION FOR A NEW MOTION FOR

CLARIFIED DECISION TRIAL RECONSIDERATION
JUDGMENT The grounds are: fraud, The grounds are: the
accident, mistake or damages awarded are
It is an entirely new Does not take the excusable negligence or excessive, that the
decision and place of or extinguish newly discovered evidence is insufficient
supersedes the the original judgment evidence which could to justify the decision
original judgment not, with reasonable or final order, or that
diligence, have the decision or final
Court makes a Serves to bolster or discovered and produced order is contrary to
thorough study of the add to the original at the trial, and which if law.
original judgment and judgment presented would
renders the amended probably alter the result
and clarified judgment Second motion may be Second motion from
only after considering allowed same party is
all the factual and prohibited
legal issues If a new trial is granted if the court finds that
the trial court will set excessive damages
RULE 37 aside the judgment or have been awarded or
NEW TRIAL OR RECONSIDERATION final order that the judgment or
final order is contrary
to the evidence or
law, it may amend
Order denying such judgment or final
motion for new trial order accordingly
 

Second motion for new trial REQUISITES for NEWLY-DISCOVERED

based on grounds not existing or EVIDENCE
available when 1st motion was
1. Must have been discovered after
filed
trial
2. Could not have been discovered
Appeal from the judgment or and produced at the trial
final order and assign as one of
the errors the denial of the
motion for new trial
 3. If presented, would alter the Based upon specific Controlled by no other
result of the action grounds set forth rule than the
4. Otherwise it is called under Rule 37 in civil paramount interests of
FORGOTTEN EVIDENCE.  cases and Rule 121 in justice, resting entirely
criminal cases on the sound discretion
of a trial court, the
A motion suspends or tolls the running of exercise of which
the reglementary period for appeal discretion will not be
except when the same is pro-forma. reviewed on appeal
UNLESS a clear abuse
PRO-FORMA MOTION - when it does not thereof is shown
comply with Rule 15 and Rule 37, e.g. it  
does not point out specifically the
findings or conclusions of the judgment MOTION FOR RECONSIDERATION 
as are contrary to law, making express Purpose: To reconsider or amend
reference to the testimonial or judgment or final order
documentary evidence or to the WHEN to file: within period for taking an
provisions of law alleged to be contrary appeal
to such findings or conclusions, and is
merely intended to delay the WHERE to file: with the trial court
proceedings OR if there is no affidavit of which rendered the judgment or final
merit. order sought to be reconsidered 

Section 6. Effect of granting of motion

RULE 38
for new trial
RELIEF FROM JUDGMENTS, ORDERS, OR
When motion is granted, the original
OTHER PROCEEDINGS
judgment is thereby vacated and the
action stands for trial de novo, but the
REMEDIES AGAINST FINAL AND
recorded evidence taken upon the
EXECUTORY JUDGMENTS OR ORDERS
former trial so far as the same is
material and competent to establish the
1. Petition for Relief from
issues, shall be used at the new trial
Judgment (Rule 38)
taking the same. 
2. Annulment of judgments or final
orders or resolutions (Rule 47) on
The order denying a motion for new trial
the ground of:
is NOT appealable. 
o Extrinsic fraud, to be filed
within 4 years from the
MOTION FOR NEW MOTION FOR discovery of the fraud;
TRIAL REOPENING OF THE o Lack of jurisdiction, before
TRIAL it is barred by laches or
Specifically Not mentioned in the estoppel
mentioned in the Rules but is
3. Direct or collateral attack
Rules nevertheless a
recognized procedural against a void or voidable
recourse or device judgment
deriving validity and o DIRECT ATTACK – when the
acceptance from long validity of the judgment
established usage itself is the main issue of the
NOTE: It is actually action, a petition for
mentioned in the Rules certiorari and action to
of Criminal Procedure annul judgment on the
Proper only after May properly be
ground of extrinsic fraud or
promulgation of presented only after
judgment either or both the lack of jurisdiction
parties have formally o COLLATERAL ATTACK – if the
offered and closed judgment can be resisted in
their evidence before any other action in which it
judgment is involved.
 WRIT OF EXECUTION: judicial writ
issued to an officer authorizing him to
 RULE 37 RULE 38
execute the judgment of the court. 
Available BEFORE Available AFTER
judgment becomes judgment has become
final and executory final and executory ESSENTIAL REQUISITE OF A WRIT OF
Applies to Applies to judgments, EXECUTION: a writ of execution to be
JUDGMENTS or FINAL final orders and other valid, must conform strictly to the
ORDERS only proceeding: decision or judgment which gives it life.

1.Land Registration It cannot vary the terms of the judgment

2.Special Proceedings it seeks to enforce 
3. Order of Execution
FINAL JUDGMENT OR ORDER- one which
GROUNDS: GROUNDS:
i. FAME FAME
disposes of the whole subject matter or
ii. Newly discovered terminates the particular proceedings or
evidence action, leaving nothing to be done by the
WHEN AVAILED OF: WHEN AVAILED OF: court but to enforce by execution what
Within the time to within 60 days from has been determined. 
appeal knowledge of the EXECUTION OF JUDGMENT
judgment AND

within 6 months from

entry of judgment Judgment is If the winning
executed by party does not
If denied, the order If denied, the order
motion within move for
of denial is NOT denying a petition for
5 years from execution w/in
appealable, hence relief is NOT
date of its 5 years but
remedy is appeal appealable; the
entry before 10
from the judgment remedy is appropriate
years from the
civil action under Rule
date of entry
65
of judgment,
Legal remedy Equitable remedy
Execution is a the same can
Motion need not be Petition must be only be revived
verified verified matter of right
after by means of a
  TEST new action /
expiration of
TWO HEARINGS UNDER RULE 38 TO petition
period to
1. Hearing to determine whether appeal and no
the judgment should be set aside appeal is
2. If yes, a hearing on the merits of perfected DETERMINE WHETHER
the case.  A
Discretionary
The period fixed by Rule 38 is non- JUDGMENT OR ORDER execution upon
extendible and is never interrupted.  IS FINAL OR good reasons
INTERLOCUTORY: The stated in a
test is whether the special order
RULE 39 judgment or order after due
hearing
EXECUTION, SATISFACTION AND leaves nothing more for
EFFECT OF JUDGMENTS the court to do with
respect to the merits of the case.  

EXECUTION – remedy provided by law Sheriff enforces writ of execution

for the enforcement of a final judgment.
 
AGAINST WHOM ISSUED: execution can
only issue against a party and not against Losing party is made to indemnify thru:
one who has not had his day in court.  payment with interest;
levy and sale of personal property;
levy and sale of real property;
delivery of personal and real property
SPECIAL JUDGMENT – one that requires
the performance of an act OTHER THAN:
1. The payment of money; and
2. The sale of real or personal
property GROUNDS FOR EXECUTION PENDING
Section 1. Execution Upon Judgments APPEAL:
and Final Orders. 1. Insolvency of the judgment
debtor.
EXECUTION ISSUES AS A MATTER OF 2. Wastage of asset by judgment
RIGHT: debtor.
1. on motion
2. upon a judgment or order that Section 3. Stay of Discretionary
disposes of the action or Execution. The party against whom an
proceeding AND execution is directed may file a
3. upon expiration of the period to supersedeas bond to stay discretionary
appeal therefrom and NO appeal execution.
has been duly perfected.
SUPERSEDEAS BOND- one filed by a
GENERAL RULE: court cannot refuse petitioner and approved by the court
execution before the judgment becomes final and
UNLESS: executory and conditioned upon the
1. Execution is UNJUST OR performance of the judgment appealed
IMPOSSIBLE from in case it be affirmed wholly or in
2. Equitable grounds like a CHANGE part. 
IN SITUATION of the parties
which makes execution Supersedeas bond guarantees
inequitable satisfaction of the judgment in case of
3. Judgment NOVATED by parties affirmance on appeal, not other things
4. Execution is enjoined like damage to property pending the
5. Judgment has become DORMANT  appeal 

QUASHAL OF WRIT PROPER WHEN: The court may, in its discretion, order an
1. Improvidently issued execution before the expiration of the
2. Defective in substance time within which to appeal provided:
3. Issued against the wrong party 1. There is a motion for execution
4. Judgment already satisfied filed by the winning party
5. Issued without authority  2. There is notice of said motion to
the adverse party; and
Section 2. Discretionary Execution  3. There are good reasons stated in
a special order after due
hearing. 
DISCRETIONARY EXECUTION AS A
EXECUTION MATTER OF RIGHT GENERAL RULE: an order of execution is
NOT appealable otherwise there would
be no end to the litigation between the
May issue before Period to appeal has parties.
the lapse of period already lapsed and EXCEPTIONS:
to appeal no appeal is 1. When the terms of the judgment
perfected are not very clear;
2. When the order of execution
Discretionary upon Ministerial duty of
the court; there is the court PROVIDED
varies with the tenor of the
inquiry on whether there are no judgment. 
there is GOOD supervening events
REASON for Section 4. Judgments NOT Stayed By
execution Appeal
1. INJUNCTION
 2. RECEIVERSHIP
3. ACCOUNTING
4. SUPPORT
5. Such other judgments
declared to be immediately
executory unless otherwise
ordered by the trial court. 
Section 6. Execution By Motion Or
Independent Action.
MODE OF ENFORCEMENT
1. By motion within 5 years from
date of its entry
2. By independent action after 5
years from entry AND before it is
barred by statute of limitations
 
Judgment for support does not become
dormant, thus it can always be executed
by motion.
5-year period may be extended by the
conduct of judgment debtor.  same and such party may be punished
A revived judgment is a new judgment
thus another 5/10-year period to
execute and revive is given the party.  or appropriates a part of the whole of
Section 7. Execution In Case Of Death
Of Party.
If the obligor dies AFTER entry but
BEFORE LEVY on his property, execution
will be issued for recovery of real or
personal property or enforcement of a
lien thereon. But for a sum of money,
judgment cannot be enforced by writ but
as a claim against his estate/probate
proceedings. 
If he dies AFTER a VALID LEVY has been
made, execution sale proceeds.  the hands of third persons
Section 8. Issuance, Form and Contents
of a Writ of Execution.  The garnishee or the 3 rd person who is in
Remedies in an order granting or
denying the issuance of a writ of
execution
Appeal is the remedy for an order
denying the issuance of a writ of
execution.  
Section 10. Execution Of Judgments
For Specific Act.
If party REFUSES TO VACATE PROPERTY,
remedy is NOT contempt. The Sheriff
must oust the party. But if demolition is
involved, there must be a special order. 
If party REFUSES TO DELIVER, sheriff will
take possession and deliver it to winning
party. 
When the party REFUSES TO COMPLY,
court can appoint some other person at
the expense of the disobedient party and
the act done shall have the same effect
as if the required party performed it,
the disobedient party incurs no liability
for contempt. 
Section 11. Execution of Special
Judgments.
When judgment requires the
performance of any act other than for
money and delivery of property. 
The writ of execution shall be served
upon the party required to obey the
for contempt if he disobeys. 
LEVY - act by which an officer sets apart
the property of the judgment debtor for
purposes or the execution sale. The levy
on execution shall create a lien in favor
or the judgment creditor over the right,
title and interest of the judgment debtor
in such property at the time of the levy. 
The levy on execution creates a lien in
favor of the judgment creditor subject
to prior liens and encumbrances.
GARNISHMENT - act of appropriation by
the court when property of debtor is in
 
possession of the property of the
judgment debtor is deemed a forced
intervenor.
ATTACHMENT GARNISHMENT
 Refers to corporeal refers to money, b. Redemptioner who is a creditor
property in the stocks, credits and having a:
possession of the other incorporeal 1) Lien by attachment on
judgment debtor. property which belong the property sold
to judgment debtor
subsequent to the lien
but is in the
possession or under under which the
the control of a third property was sold,
person 2) Lien by judgment on the
property sold subsequent
Section 16. Proceedings Where to the lien under which
Property Claimed By Third Person.  the property was sold;
3) Lien by mortgage on the
REMEDIES of THIRD PARTY CLAIMANT property sold subsequent
to the lien under which
1. Summary hearing before the the property was sold. 
court which authorized the
execution; WHEN CAN REDEMPTION BE MADE?
2. TERCERIA or third party claim
filed with the sheriff; BY THE JUDGMENT OBLIGOR: Within one
3. Action for damages on the bond (1) year from the date of registration of
posted by judgment creditors; or the certificate of sale.
4. Independent reinvidicatory
action. BY THE REDEMPTIONER:
  1. Within one year from the date of
The remedies are cumulative and may be registration of the certificate of
resorted to by third party claimant sale; or
independently of or separately from the 2. Within sixty days from the last
others.  redemption by another
redemptioner 
If winning party files a bond, it is only If the judgment obligor redeems, no
then that the sheriff can take the further redemption is allowed (Sec.
property in his possession. IF NO BOND, 29).
cannot proceed with the sale. 
The period of redemption is NOT
SALE ON EXECUTION suspended by an action to annul the
Notice of sale is required before levied foreclosure sale. 
property can be sold at public auction
(Sec. 15).  CAN REDEMPTION BE PAID IN OTHER
FORMS THAN CASH?
Remedy against an irregular sale is YES. The rule is liberality in allowing
MOTION TO VACATE OR SET ASIDE THE redemption (aid rather than defeat the
SALE to be filed in the court which right) and it has been allowed in the
issued the writ.  case of a cashier’s check, certified bank
checks and even checks. 
REDEMPTION (Secs. 27 & 28) 
Right of Redemption: The offer to redeem must be
1. Personal Property – NONE; sale is accompanied with a bona fide tender or
absolute delivery of the redemption price.
2. Real Property – there is a right of
redemption However, a formal offer to redeem with
a tender is not necessary where the right
WHO may redeem (Sec. 27) to redeem is exercised through the filing
Only the following: of a complaint to redeem in the courts,
a. Judgment obligor, or his within the period to redeem. 
successor in interest, in whole or
any part of the property; OR RIGHTS OF THE JUDGMENT DEBTOR:
 1. Remain in possession of the a. Irregularities in the
property proceedings concerning the
2. Collect rents and profits sale.
3. Cannot be Ejected b. Reversal or setting aside of
4. Use the property in the same judgment.
manner it was previously used c. The fact that the property
5. Make necessary repairs  was exempt from execution.
d. A third person has vindicated
Section 33. Deed and possession to be his claim to the property. 
given at expiration of redemption
period; by whom executed or given.  REMEDIES OF THE JUDGMENT CREDITOR
IN AID OF EXECUTION

The PURCHASER is entitled to a 1. If the execution is returned

CONVEYANCE AND POSSESSION of the
property if there is no redemption. He is
substituted to and acquires all the
rights, title, interest and claims of the
judgment obligor to the property at the
time of levy.  2.
The deed of conveyance is what
operates to transfer to the purchaser
whatever rights the judgment debtor
had in the property. The certificate of
sale after execution sale merely is a
memorial of the fact of sale and does 3.
not operate as a conveyance.  finds that there is property of
The purchaser acquires no better right
than what the judgment debtor has in
the property levied upon. Thus, if the
judgment debtor had already transferred
the property executed prior to the levy
and no longer has an interest in the
property, the execution purchaser 4.
acquires no right.  of the judgment debtor are
WHEN A THIRD PERSON IS IN POSSESSION,
The procedure is for the court to order a
hearing and determine the nature of
such adverse possession. 
5.
Section 34. Recovery of price if sale is
not effective; revival of judgment.  from execution or forbid a
THE PURCHASER MAY RECOVER THE
PURCHASE PRICE WHEN
1. The purchaser or his successor-
in-interest FAILS TO RECOVER 6.
POSSESSION of the property or;
2. Purchaser after having acquired
possession is evicted due to:
unsatisfied, he may cause
examination of the judgment
debtor as to his property and
income (Section 36)
He may cause examination of
the debtor of the judgment
debtor as to any debt owed by
him or to any property of the
judgment debtor in his
possession (Section 37)
If after examination, the court
the judgment debtor either in
his own hands or that of any
person, the court may order the
property applied to the
satisfaction of the judgment
(Section 37)
If the court finds the earnings
more than sufficient for his
family’s needs, it may order
payment in installments
(Section 40)
The court may appoint a
receiver for the property of the
judgment debtor not exempt
transfer or disposition or
interference with such property
(Section 41)
If the court finds that the
judgment debtor has an
ascertainable interest in real
property either as mortgagor,
mortgagee, or otherwise, and
his interest can be ascertained
 without controversy, the court Par (B) is referred to as “bar by former
may order the sale of such judgment” or RES JUDICATA in
interest. (Section 42) judgments IN PERSONAM 

7. If the person alleged to have RES JUDICATA - final judgments on the

the property of the judgment merits by a court of competent
debtor or be indebted to him, jurisdiction is conclusive as to the rights
claims an adverse interest in of the parties or their privies in all later
the property, or denies the suits on points determined in the former
debt, the court may authorize judgment.  
the judgment-creditor to
institute an action to recover REQUISITES:
the property, forbid its transfer 1. A FINAL judgment or order
and may punish disobedience 2. JURISDICTION over the subject
for contempt (Section 43)  matter and the parties by the
court rendering it
Section 46. When Principal Bound By 3. Judgment UPON THE MERITS
Judgment Against Surety. 4. Between the two cases:
The principal is bound by the same IDENTITY OF PARTIES
judgment from the time he has notice of IDENTITY OF SUBJECT MATTER
the action or proceeding and has been IDENTITY OF CAUSE OF ACTION 
given an opportunity at the surety’s
request, to join the defense.  THERE IS IDENTITY OF CAUSE OF ACTION
when the two actions are based on the
Section 47. Effect Of Judgment Or same delict or wrong committed by the
Final Orders. defendant even if the remedies are
Refers to judgments which are different. 
considered as conclusive and may be
rebutted directly by means of relief from Under the doctrine of res judicata, no
judgment or annulment of judgment or matter how erroneous a judgment may
indirectly by offering them in evidence be, once it becomes final, it cannot be
under the parole evidence rule.  corrected. The only grounds are lack of
jurisdiction, collusion or fraud. 
Par (A) refers to rule ON RES JUDICATA
in judgments IN REM  Par. (C) is known as “conclusiveness of
judgment” or rule of AUTER ACTION
PENDENT 
JUDGMENT or EFFECT: CONCLUSIVE
FINAL ORDER AS TO CONCLUSIVENESS OF JUDGMENT
 has the effect of preclusion only of Appeal dec
appeal and
Against a specific Title to the thing issues.
thing in the sa
 parties in both actions may be the
same but the causes of action are
Probate of a will or Will or administration different.
administration of However, ONLY prima
the estate of a facie evidence of the
  15 days f
deceased person death of the testator cler
or intestate BAR BY FORMER CONCLUSIVENESS OF
JUDGMENT JUDGMENT
In respect to the Condition, status or
personal, political, relationship of the There is identity of There is ONLY identity of Notice to
or legal condition or person parties, subject PARTIES AND SUBJECT taken
status of a matter and causes MATTER
particular person of action
 
The first judgment The first judgment is Within 15
constitutes as an conclusive only as to appellant
the RTC
appellee
15 days fr
memoran

If unconteste
judgment i
entered in t
book of entr
ABSOLUTE BAR TO matters directly adjudged
ALL MATTERS and actually litigated in
directly adjudged the first action. Second
and those that action can be prosecuted.
might have been
adjudged.
Section 48. Effect Of Foreign Judgment
Or Final Orders: 
THE EFFECT OF FOREIGN JUDGMENTS
Provided that the foreign tribunal had
jurisdiction:
1. IN CASE OF JUDGMENT AGAINST
A SPECIFIC THING, the judgment
is CONCLUSIVE upon the TITLE
TO THE THING;
2. IN CASE OF A JUDGMENT
AGAINST A PERSON, the
judgment is PRESUMPTIVE
EVIDENCE of a right as between
the parties and their successors-
in-interest by a subsequent title.
In both instances, the judgment may be
repelled by evidence of want of
jurisdiction, notice, collusion, fraud or
clear mistake of law or fact. 
RULE 40
APPEAL FROM MUNICIPAL TRIAL
COURTS TO THE REGIONAL TRIAL
COURTS
APPEAL FROM MTC TO RTC
judgment should be filed with the
RTC. 
 The Summary Rules no longer apply
when the cases is on appeal. 
Section 2. When to Appeal.
1. Within 15 days after notice of
judgment or final order;
2. Where a record on appeal is
required, within 30 days from
notice of judgment or final order
by filing a notice of appeal and a
record on appeal;
3. Period to appeal shall be
interrupted by a timely motion
for new trial or reconsideration.
4. No motion for extension of time
to file a motion for new trial or
reconsideration shall be
allowed. 
Section 3. How to Appeal.
By Notice of Appeal:
1. File a notice of appeal with the
trial court.
2. The notice of appeal must
indicate:
a. parties
b. judgment or final order
appealed from
c. material date showing
timeliness of appeal
3. A copy served on the adverse
party.
4. Payment in full of docket fees
and other lawful fees

ORDINARY APPEAL - an appeal by notice

of appeal from a judgment or final order ORDINARY APPEAL PETITION FOR
of a lower court on questions of fact and REVIEW
law. Matter of right Discretionary
All the records are No records are
elevated from the elevated unless the
APPEAL TO THE RTC court of origin court decrees it
 Mode of Appeal – Notice of Appeal Notice of record on Filed with the CA
within fifteen (15) days from receipt appeal is filed with
of decision.  the court of origin
 After an appeal to the RTC has been  
perfected, the MTC loses its By Record on appeal:
jurisdiction over the case and any 1. for special proceedings such as
motion for the execution of the probate; and
 2. in such other cases where
multiple appeals are allowed as
in partition and in
expropriation.  1. Affirm; if RTC has jurisdiction,
Section 4. Perfection of Appeal; effect
thereof.
Appeal is deemed perfected:
1. by notice of appeal: as to him,
upon the filing of the notice of
appeal in due time;
2. by record on appeal: as to him,
upon the approval of the record
on appeal filed in due time.  RTC shall not dismiss the case if it has
Effect of a perfected appeal:
The court loses jurisdiction upon the
perfection or approval of appeal and
when the period of appeal for other
parties expire.   RULE 41
Residual power of the court prior to the
transmittal of the original record or
record on appeal:
1. to issue orders for the
preservation of the rights of the
parties which do not involve
matters litigated by appeal;
2. to approve compromise prior to
the transmittal of the record;
3. permit appeal by an indigent;
4. order execution pending appeal
under Rule 39, Sec.2 ( motion
for execution was filed before
the expiration of the period to
appeal;
5. allow withdrawal of the appeal.
Section 8. Appeal from orders
dismissing case without trial; lack of
jurisdiction  reconsideration; and
If lower court dismissed case without
trial on the merits:
RTC may:
1. Affirm, or
2. Reverse, in which case, it shall
remand the case for further
proceedings.  allowed
If dismissal is due to lack of jurisdiction
over the subject matter:
RTC may:
shall try the case on the merits
as if the case was originally filed
with it, or
2. Reverse, in which case, it
remand the case for further
proceedings. 
If the case was tried on the merits by
the lower court without jurisdiction
over the subject matter:
original jurisdiction, but shall decide the
case, and shall admit amended pleadings
or additional evidence.
 
 
APPEAL FROM REGIONAL
TRIAL COURTS
APPEALABLE CASES
1. Judgments or final orders that
completely disposes of the case.
2. A particular matter in a
judgment declared by the Rules
to be appealable.
NON APPEALABLE CASES
1. Order dismissing an action without
prejudice
2. Order of Execution
3. Judgments or final orders for or
against one or more of several
parties or in separate claims while
the main case is pending
4. Orders disallowing or dismissing an
Appeal
5. Interlocutory orders
6. Orders denying:
a. Petition for relief;
b. Motion for new trial or
c. Motion to Set aside a
judgment, by consent,
confession or compromise
on the ground of fraud,
mistake, duress or any
ground vitiating consent. 
Remedy in cases where appeal is not
Special civil action of certiorari or
prohibition if there is lack or excess of
jurisdiction or grave abuse of discretion reconsidera-
or mandamus if there is no performance tion or new
of duty.  trial.
 
INTERLOCUTORY ORDER – An order Section 7. Approval of record on
which does not dispose of the case but appeal. 
leave something else to be done by the
trial court on the merits of the case.  Procedure if the appeal is through a
record on appeal
A judgment based on compromise is not
appealable and is immediately 1. file record on appeal
executory. 2. appellee may file an objection
within 5 days from his receipt
Section 2. Modes of appeal. thereof
3. if there is no objection the court
Ordinary Petition for Petition for may:
appeal review review on  approve it as presented; OR
(appeal by writ [Rule 42] certiorari  direct its amendment on its
of error) [Rule 45] own or upon the motion of
the adverse party
Case is decided Case is The case
4. if an amendment is ordered the
by the RTC in decided by raises only a
its original the MTC. question of
appellant must redraft the
jurisdiction Appealed to law record within the time ordered
Appealed to the the RTC. or if there is no time, within 10
CA Petition for days from receipt
review with 5. submit the record for approval
the CA with notice on the adverse party
The period to appeal is MANDATORY and
JURISDICTIONAL. Failure to appeal on
File a notice of File a verified File a verified time makes the decision final and
appeal or a petition for petition for
executory and deprives the appellate
record on review with review on
appeal with the the CA. Pay certiorari court of jurisdiction.
court of origin the docket with the SC (R
(RTC) and give and lawful 45) Pay However in few instances the court has
a copy to the fees, and P docket and allowed due course to such appeals on
adverse party. 500 as deposit lawful fees strong and compelling reasons of
for costs with and P 500 for justice. 
the CA. costs.
Furnish RTC Submit proof
and adverse of service of a
party copy of copy to the
such (R 42). lower court
and adverse
party.
 RULE 42
PETITION FOR REVIEW FROM THE
Within 15 days Within 15 days Within 15 REGIONAL TRIAL COURTS TO THE
from the notice from notice of days from COURT OF APPEALS
of the judgment the decision notice of the
for notice of to be judgment or
appeal and reviewed or order or Petition for review is not a matter of
within 30 days from the denial of the right but discretionary on the CA. It may
for records on denial of a MR MR or new only give due course to the petition if it
appeal. The or new trial. trial. shows on its face that the lower court
period for filing has committed an error of fact and/or
is interrupted law that will warrant a reversal or
by a timely modification of the decision or judgment
motion for sought to be reviewed; OR dismiss the
petition if it finds that it is patently The failure of the appellant to make
without merit, or prosecuted manifestly specific assignment of errors in his brief
for delay, or the questions raised therein or page references to the record as
are too unsubstantial to require required in this section is a ground for
consideration.  dismissal of his appeal. 

It is merely discretionary on the CA to Section 15. Questions that may be

order the elevation of the records. This raised on appeal.
is because until the petition is given due
course, the trial court may still issue a The appeal can raise only questions of
warrant of execution pending appeal and law or fact that
in some cases such as ejectment and 1. were raised in the court below;
those of Summary Procedure, the and
judgments are immediately executory. It 2. are within the issues framed by
is only when the CA deems it necessary the parties thereon.  
that the Clerk of the RTC will be ordered
to elevate the records of the case.  BRIEF vs. MEMORANDUM

BRIEF MEMORANDUM
RULE 43
APPEALS FROM THE COURT OF TAX
APPEALS AND THE QUASI-JUDICIAL Ordinary appeals Certiorari, Prohibition,
AGENCIES TO THE CA Mandamus, Quo
Warranto and Habeas
Judgments and final orders or resolutions Corpus cases
of the NLRC are reviewable by the
COURT OF APPEALS in an original action
for certiorari under Rule 65 (St. Martin Filed within 45 days within 30 days
Funeral Home vs. NLRC, Sept. 16, 1998).
A party adversely affected by a decision
or ruling of the CTA en banc may file Contents specified Shorter, briefer, only
with the Supreme Court a verified by Rules one issue involved - no
subject index or
petition for review on certiorari pursuant
assignment of errors just
to Rule 45 (Sec. 12, RA 9282).  facts and law applicable
 

RULE 45
RULE 44 APPEAL BY CERTIORARI TO THE
ORDINARY APPEALED CASES SUPREME COURT

Section 9. Appellant’s reply brief.

Failure to file appellant's brief on time is
a ground for dismissal of the appeal.  
If a motion to dismiss an appeal has been
filed, it suspends the running of the
period for filing the appellant brief, as
the same would be unnecessary should
the motion be granted.  or notice of denial of motion for
RTC, Sandiganbayan or CA
renders decision
Any party files a petition for review on
certiorari w/in 15 days from notice of
final judgment or order of lower court
reconsideration or new trial

Appellant serves copies of petition on

adverse parties and to the lower court,
and pay the corresponding docket fees

Section 1. Filing of petition with
Supreme Court
Appeals to the SC can be taken from a
judgment or final order or resolution of
the CA, the Sandiganbayan, the RTC or
such other courts as maybe authorized
by law and only by verified petition for
review on certiorari on questions of law
except only in appeals from judgments
of the RTC in criminal cases wherein the
penalty imposed is life imprisonment or
reclusion perpetua which shall be
elevated by ordinary appeal, or wherein
the death penalty is imposed which is
subject to automatic review.  would alter the result of the
GENERAL RULE: the findings of fact of
the CA are final and conclusive and
cannot be reviewed on appeal to the
SC.  FACT
EXCEPTIONS to CONCLUSIVENESS OF
FACTS:
1. When the finding is grounded
entirely on speculations, surmise
or conjecture;
2. When inference made is
manifestly absurd, mistaken or
impossible;
3. When the judgment is premised
on a misrepresentation of facts;
4. When there is grave abuse of
discretion in the appreciation of
facts;
5. When the findings of fact are
conflicting;
6. When the CA in making its
findings went beyond the issues
of the case and the same is
contrary to both the admissions
of appellants and appellees;
the appellee to comment
If given due course, parties may
submit memoranda
SC may affirm, reverse, or modify
7. judgment
When the findings
of the of fact of the
lower court
CA are at variance with those of
the trial court, the SC has to
review the evidence in order to
arrive at the correct findings
based on the record;
8. When the findings of fact are
conclusions without citation of
specific evidence on which they
are based;
9. When the facts set forth in the
petition as well as in the
petitioner’s main and reply
briefs are not disputed by the
respondents;
10. The findings of fact of the CA is
premised on the supposed
evidence and is contradicted by
the evidence on record;
11. When certain material facts and
circumstances have been
overlooked by the trial court
which, if taken into account,
case in that they would entitle
the accused to acquittal. 
QUESTIONS OF LAW QUESTIONS OF
doubt or controversy doubt or difference
as to what the law is arises as to the truth
on certain facts or falsehood of facts,
or as to probative
value of the evidence
presented
if the appellate court the determination
can determine the involves evaluation or
issue raised without review of evidence
reviewing or
evaluating the
evidence
Can involve questions query invites the
of interpretation of calibration of the
the law with respect whole evidence
to certain set of facts considering mainly the
credibility of
witnesses, existence
and relevancy of
specific surrounding
circumstances and
relation to each other
and the whole
probabilities of the
situation
 be given to the
petitioner ( SC Admin.
Matter 002-03 )
Certiorari under Rule 45 vs. certiorari
under Rule 64/65 ( special civil action)  The court is in the Court exercises
exercise of its original jurisdiction
appellate jurisdiction
CERTIORARI UNDER CERTIORARI UNDER and power of review
RULE 45 RULE 64/65

petition is based on petition raises the RULE 46

questions of law issue as to whether ORIGINAL CASES
the lower court acted
without jurisdiction or Section 2. To what actions applicable.
in excess of
jurisdiction or with
grave abuse of
Under B.P. Blg. 129, the CA has original
discretion jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus
It is a mode of appeal Special civil action and quo warranto, and auxiliary writs or
processes, whether or not they are in aid
Involves the review of Directed against an of its appellate jurisdiction, and it has
the judgment award interlocutory order of exclusive original jurisdiction over
or final order on the the court or where actions for annulment of judgments of
merits there is no appeal or Regional Trial Courts. 
any other plain,
speedy or adequate
remedy
Section 4. Jurisdiction over person,
Must be made within filed not later than 60 how acquired.
the reglementary days from notice of JURISDICTION IS ACQUIRED:
period judgment, order or
resolution appealed 1. Over the PETITIONER - by filing
from of the petition.
2. Over the RESPONDENT - by the
Stays the judgment or Unless a writ of service on the latter of the order
order appealed from preliminary injunction
or resolution indicating the
or temporary
restraining order is
courts initial action on the
issued does not stay petition and NOT by the service
the challenged on him of the petition or by his
proceeding voluntary submission. 

The petitioner and the The parties are the Section 5. Action by the court.
respondent are the aggrieved party
original parties to the against the lower PROCEDURAL OUTLINE (original cases
action, and the lower court or quasi-judicial in the Court of Appeals)
court or quasi-judicial agency and the
1. Filing of the petition
agency is not prevailing parties
impleaded 2. Order to acquire jurisdiction
over respondents OR Outright
Motion for Motion for dismissal for failure to comply to
reconsideration is not reconsideration or for requirements also form and
required new trial is required payment of docket and other
If a motion for legal fees.
reconsideration or 3. Require respondents to file
new trial is filed, the COMMENT within 10 days from
period shall not only NOTICE
be interrupted but
another 60 days shall
 4. Court may require the filing of a
REPLY or such other pleadings as Period of 4 years from Before it is barred
it may deem necessary Filing discovery by laches or
5. Determination of FACTUAL action estoppel
ISSUES, the court may delegate
Effect of Trial court Original action
the reception of evidence on
judgment will try the may be refiled
such issues to any of its case
members.   
Section. 5. Action by the court. 
 RULE 47 Two stages:
ANNULMENT OF JUDGMENTS OR FINAL 1. A preliminary evaluation of the
ORDERS AND RESOLUTIONS petition for prima facie merit
therein, and
Annulment of judgment is a remedy in 2. The issuance of summons as in
law independent of the case where the ordinary civil cases and such
judgment sought to be annulled was appropriate proceedings
rendered and may be availed of though thereafter as contemplated in
the judgment has been executed.   Sec. 6.  

One important condition for the The rule allows the CA to dismiss the
availment of this remedy - the petitioner petition outright as in special civil
failed to move for new trial in, or appeal actions.  
from, or file a petition for relief against,
or take other appropriate remedies For the court to acquire jurisdiction over
assailing the questioned judgment or the respondent, the rule requires the
final order or resolution through no fault issuance of summons should prima facie
attributable to him.   merit be found in the petition and the
same is given due course. 
If he failed to avail of those other
RULE 48
remedies without sufficient justification,
he cannot resort to annulment provided PRELIMINARY CONFERENCE
in this Rule, otherwise he would benefit
from his own inaction or negligence.  Section 3. Binding effect of the results
of the conference
Grounds for ANNULMENT OF
JUDGMENT In the CA, this procedural device may be
1. extrinsic fraud or collateral availed of not only in original actions but
fraud; also in cases on appeal wherein a new
2. lack of jurisdiction;  trial was granted on the ground of newly
discovered evidence. The CA can act as a
Extrinsic fraud shall not be a valid trier of facts, hence the preliminary
ground if it was availed of, or could have conference authorized is a convenient
been availed of, in a motion for new adjunct to such power and function.
trial or petition for relief.
RULE 49
EXTRINSIC OR COLLATERAL FRAUD is ORAL ARGUMENT
any fraudulent act of the prevailing
party in the litigation which is Section 3. No hearing or oral argument
committed outside of the trial of the for motions
case, whereby the defeated party has
been prevented from exhibiting fully and Motions in the SC and the CA do not
fairly presenting his side of the case.   contain notices of hearing as no oral
arguments will be heard in support
thereof; and if the appellate court
EXTRINSIC LACK OF desires to hold a hearing thereon, it will
FRAUD JURISDICTION
itself set the date with notice to the
parties.  Law of the Case – the opinion delivered
RULE 50
DISMISSAL OF
APPEAL
Section 1. Grounds for dismissal of
appeal
With the exception of Section 1 (b)
dismissal of an appeal is directory and
not mandatory.   the case wherein no rationale has been
Other grounds for the dismissal of an
appeal are:  Section 5. Form of Decision
1. by agreement of the parties, as
where the case was amicably
settled by them.
2. where the appealed case has
become moot or academic.
3. where the appeal is frivolous or
dilatory.
Section 2. Dismissal of improper appeal
to the Court of Appeals
No transfer of appeals, erroneously
taken to it or to the Court of Appeals,
whichever of these tribunals has
appropriate appellate jurisdiction, will
be allowed. Also, elevating such appeal
by the wrong mode of appeal shall be a
ground for dismissal.
A resolution of the Court of Appeals
dismissing the appeal and remanding the
case to the trial court for further
proceedings is merely interlocutory,
hence a motion for its reconsideration
filed year later may be entertained and
granted 
Section 3. Withdrawal of Appeal
Court of Appeals may dismiss the appeal
outright even without motion. The
remedy if dismissed for improper appeal
is to refile it in the proper forum but has
to be within the prescribed period.
RULE 51
JUDGMENT
on a former appeal. It means that
whatever is once irrevocably
established, as the controlling legal rule
or decision between the same parties in
the same case, continues to be the law
of the case, whether correct on general
principles or not, so long as the facts on
which such decision was predicated
continue to be the facts before the
court.
But this rule does not apply to
resolutions rendered in connection with
expounded on the merits of that action. 
The requirement for the statement of
facts and the law refers to a decision or
for that matter a final resolution. The
same are not required on minute
resolutions since these usually dispose of
the case not on its merits but on
procedural or technical considerations.
Although the court may, if it feels
necessary, briefly discuss the matter on
the merits in an extended resolution. 
With respect to petitions for review and
motions for reconsideration, the
Constitution merely requires a statement
of the legal basis for the denial thereof
or refusal of due course thereto. The
court may opt, but it is not required to
issue an extended resolution thereon. 
Section 6. HARMLESS ERROR 
The court, at every stage of the
proceeding, must disregard any error or
defect which does not affect the
substantial rights of the parties such as
error in admission or exclusion of
evidence or error or defect in the ruling
or order.
 
Section 8. Questions that may be
decided 
Only errors claimed and assigned by a
party will be considered by the court,
except errors affecting its jurisdiction
over the subject matter. To this
exception has now been added errors
affecting the validity of the judgment
appealed from or the proceedings
therein. 
Even if the error complained of by a
party is not expressly stated in his
assignment of errors but the same is
closely related to or dependent on an
assigned error and properly argued in his
brief such error may now be considered
by the court.
 
  RULE 52
MOTION FOR
RECONSIDERATION
The rules now prohibit a second motion
for reconsideration.  through a notice of appeal filed with the
Sec. 3 provides a time limit of 90 days
for the resolution of a motion for
reconsideration filed with the Court of
Appeals from the date the same was
submitted for resolution, which is
normally the filing of the last pleading
required by the rules of court or the
expiration of such period.  action which may be resorted to by a
Rules now requires the service of the
motion to the adverse party  rendition, and for purposes of the
RULE 53
NEW TRIAL
Filing of a motion for new trial is at any
time after the perfection of the appeal
from the decision of the lower court and
before the Court of Appeals loses
jurisdiction over the case 
The ground is newly discovered evidence
which could not have been discovered
prior to the trial in the court below by
the exercise of due diligence and of such
character as would probably alter the
result.
RULE 56
PROCEDURE IN THE SUPREME COURT
A. ORIGINAL CASES
Rule specifically states what cases may
be originally filed with the Supreme
Court
1. petition for certiorari,
prohibition, mandamus, quo
warranto, habeas corpus;
2. disciplinary proceedings against
members of the judiciary and
attorneys
3. cases affecting ambassadors,
other public ministers and
consuls 
B. APPEALED CASES Mode of Appeal
In criminal cases where the penalty
imposed is death or reclusion perpetua,
an appeal made to the Supreme Court is
RTC in all other cases, an appeal made
to the supreme court is through a
petition for review on certiorari. 
PROVISIONAL REMEDIES 
Also known as ancillary or auxiliary
remedies, are writs and processes
available during the pendency of the
litigant to preserve and protect certain
rights and interests therein pending
ultimate effects, of a final judgment in
the case. 
The following are the provisional
remedies provided for in the Rules of
Court
1. Preliminary Attachment (Rule
57)
2. Preliminary Injunction (Rule 58)
3. Receivership (Rule 59)
4. Replevin (Rule 60)
5. Support Pendente Lite (Rule 61) 
PD 1818 prohibits the issuance of
injunctive writs not only against
government entities but also against any
person or entity involved in the
execution, implementation, and
operation of government infrastructure
projects. 
RULE 57
PRELIMINARY ATTACHMENT
The proper party may have the property
of the adverse party attached at the
commencement of the action or at any
time before entry of judgment.
WHEN issued
1. In actions for recovery of a
specified sum of money or
damages, except moral and
exemplary, on a cause of action
arising from law, contract,
quasi-contract, delict or quasi-
delict against a party about to
depart from the Phils. with
intent to defraud his creditors;
2. In actions for recovery of money
or property embezzled or
fraudulently converted to his
own use by a public officer, or
an officer of a corp., or an
attorney, factor, broker, agent
or clerk, in the course of his
employment as such, or by any
person in a fiduciary capacity;
3. In actions to recover property
unjustly taken or concealed,
when the property or any of its
part, has been concealed or
disposed of to prevent its being
found by the applicant or any
authorized person;
4. In actions against a person guilty
of fraud in incurring or
performing an obligation upon
which the action is based;
5. In actions against a party who
has removed or disposed of his
property, or is about to do so,
with intent to defraud his
creditors;
6. In actions against non-residents
not found in the Phils., or on
whom summons is served by
publication.
RULE 58
PRELIMINARY INJUNCTION
Preliminary Injunction – an order granted
at any stage of an action or proceeding
prior to the judgment requiring a party
or a court, agency or a person to refrain
from a particular act or acts.
PRELIMINARY MANDATORY Injunction –
an order requiring the performance of a
particular act or acts.
Grounds
o applicant is entitled to
the relief demanded; or
o commission, continuance
or non-performance of the act
complained of would work
injustice to the applicant if not
enjoined; or
o the acts sought to be
enjoined probably violates the
rights of the applicant respecting
the subject of the action and
tending to render the judgment
ineffectual.
Section 5.
There must be prior notice to the person
sought to be enjoined and a hearing
before preliminary injunction may be
granted.
If great or irreparable injury would
result to the applicant, the court may
issue ex parte a temporary restraining
order, effective only for 20 days from
service on the party sought to be
enjoined.
If the matter is of extreme urgency and
the applicant will suffer grave injustice
and irreparable injury, the judge may
issue a TRO effective only for 72 hours
from issuance. Its effectivity may be
extended after conducting a summary
hearing w/in the 72-hrs period until the
application for preliminary injunction
can be heard.
The total period of effectivity of the proceeding and such property is
TRO shall not exceed 20 days, including in danger of being lost or
the 72 hours. materially injured unless a
receiver is appointed;
If application is denied or not resolved 2. in foreclosure of mortgage, when
within said period, the TRO is deemed the property is in danger of
automatically vacated. being wasted or dissipated and
that its value is probably
Effectivity of TRO is not extendible. insufficient to discharge the
There is no need of a judicial declaration mortgage debt or that it has
to that effect. been agreed upon by the parties;
3. after judgment, to preserve the
A TRO issued by the CA or any of its property during the pendency of
members is effective for 60 days from an appeal or to dispose of it
service on the party sought to be accdg. to the judgment or to aid
enjoined. execution;
4. when appointment of receiver is
A TRO issued by the SC or a member the most convenient and feasible
therof is effective until further orders. means of preserving,
administering or disposing of the
GROUNDS FOR OBJECTION property in litigation.
1. insufficiency;
2. if injunction would cause A person who refuses or neglects to
irreparable damage to the deliver property within his control and
person enjoined while the which is the subject of the action to the
applicant can be fully receiver may be punished for contempt
compensated for such damages, and liable to the receiver for the money
PROVIDED the former files a or the value of the property PLUS
BOND. damages.

Distinctions The receiver shall also file a bond before

INJUNCTION PROHIBITION entering upon his duties separate from
directed against a Directed against a the bond filed by the applicant.
party in the action court, tribunal or a
person exercising RULE 60
judicial powers REPLEVIN
does not involve Based on the ground
jurisdiction of the that the court against The sheriff shall retain the property for
court whom the writ is 5 days. Within such period, the adverse
sought had acted party may object to the sufficiency of
without or in excess of the applicant’s bond or surety or he may
jurisdiction
file a counter-bond.
it may be the main Always the main After 5 days and the adverse party failed
action itself or just a action
provisional remedy
to object or his counter-bond is
insufficient, the sheriff shall deliver the
property to the applicant.

Distinctions
 RULE 59
RECEIVERSHIP
REPLEVIN ATTACHMENT

WHEN MAY BE GRANTED May be sought only Available even if

1. applicant has an interest in the when the principal recovery of property is
property or fund subject of the action is recovery of only incidental to the
 personal property. relief sought.

Can be sought only when May be resorted to even

defendant is in actual if the property is in
possession of the possession of a third
property. person.

CANNOT be availed of Can be AVAILED of even

when property is in if property is in
custodia legis CUSTODIA LEGIS.

Available before Available from

defendant answers commencement but
before entry of
judgment

Bond is DOUBLE the Bond is FIXED by the

value of the property court

RULE 61
SUPPORT ‘PENDENTE LITE’

When may be applied for: at the

commencement of the action or at any
time before judgment or final order.

Failure to comply with an order granting

support pendente lite may warrant the
issuance of an order of execution against
the non-complying party. He may
likewise be liable for contempt.

See matrix on provisional remedies

more detailed information.