CIVIL PROCEDURE

2016 SYLLABUS
Prof. Edgardo Carlo L. Vistan, II

I. FOUNDATIONS
A. The Relief Remedy Paradigm
What is meant by relief?
What is meant by remedy?
Why is it useful to think of remedial law in terms of relief and remedy?
1987 Constitution:
Section 1, Article VIII
Section 5 (5), Article VIII

B. Relief
Judgment or final order
Execution

C. Remedies
Actions
Proceedings
Pleadings
Motions

D. Cause of Action - The bridge from remedy to relief

Sections 1 and 2, Rule 2*
Turner v. Lorenzo Shipping Corp., G.R. No. 157479, November 24, 2010
Anchor Saving Bank v. Furigay, G.R. No. 191178, March 13, 2013
Far East Bank v. Pacilan, Jr. G.R. No. 157314, 29 July 2005

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
*!Reference to a Rule in this Syllabus means the corresponding Rule in the Rules of Court!

E. The Rules of Court

Courts in which the Rules of Court are Applicable
Cases governed by the Rules of Court
Other cases and the Rules of Court
Liberal construction of the Rules of Court
Rule 1
Reyes v. Enriquez, G.R. No. 162956, April 10, 2008
GSIS v. Villaviza, G.R. No. 180291, July 27, 2010
Yamaoka v. Pescarich Manufacturing Corp., et al., G.R. No. 146079, July 20,
2001
E & L Mercantile, Inc. v. IAC, G.R. No. 70262, June 25, 1986
Spouses Dadizon v. CA, G.R. No. 159116, September 30, 2009
Redea v. CA, G.R. No. 146611, February 6, 2007

F. Uniform Procedure in Trial Courts

Rule 5

G. Jurisdiction
Jurisdiction over the subject matter
Other aspects of jurisdiction
Original versus appellate jurisdiction
Exclusive versus concurrent jurisdiction
Filing Fees
1987 Constitution:
Section 5, subparagraphs 1 and 2, Article VIII
Section 7, article IX-A
Sections 4 and 18, Article VII
B.P. Blg. 129, as amended:
Section 9
Sections 19 to 23
Sections 32 to 37
Rules of Court:
Section 1(b), Rule 16
Section 1, Rule 9

Sections 1 and 3, Rule 56

Section 1, Rule 45
Section 2, Rule 41
Section 1, Rule 42
Section 1, Rule 43
Sections 1 and 10, Rule 47
Section 1, Rule 63
Section 1 and 3, Rule 40
Rule 141
Section 19, R.A. No. 1125, as amended by R.A. No. 9282 (on the Court of Tax
Appeals)
Sections 4 and 7, P.D. No. 1606, as amended (Sandiganbayan Law)
Section 5.2, R.A. No. 8799 (Securities Regulation Code), in relation to P.D. No.
902-A; Section 1, Rule 1, Interim Rules of Procedure for Intra-corporate
Controversies (A.M. No. 01-2-04-SC)
Section 251 and 252, B.P. Blg. 881 (Omnibus Election Code)
Villagracia v. Fifth Sharia District Court, G.R. No. 188832, April 23, 2014
Tijam, et al. v. Sibonghanoy, et al. G.R. No. L-21450, April 15, 1968
Boston Equity Resources, Inc. v. CA, G.R. No. 173946, June 19, 2013
Sy v. Commission on Settlement of Land Problems, G.R. No. 140903,
September 12, 2001
St. Martin Funeral Home v. NLRC, G.R. No. 130866, September 16, 1998
Soliven v. Fastforms Philippines, Inc. G.R. No. 139031, October 18, 2004
Mendoza v. Soriano, G.R. No. 164012, June 8, 2007
Russell v. Vestil, G.R. No. 119347. March 17, 1999
Surviving Heirs of Bautista v. Lindo, G.R. No. 208232, March 10, 2014
Heirs of Sebe v. Heirs of Sevilla, G.R. No. 174497, October 12, 2009
Dela Cruz v. CA, G.R. No. 139442, December 6, 2006
Home Guaranty Corp. v. R-II Builders, Inc., G.R. No. 192649, March 9, 2011
Bank of Commerce v. Spouses San Pablo, G.R. No. 167848, April 27, 2007
Malana v Tappa, G.R. No. 181303. September 17, 2009.
Sabitsana, Jr. v. Muertegui, G.R. No. 181359, August 5, 2013
Manchester Development Corp. v. CA, G.R. No. 75919. May 7, 1987
Sun Insurance Office, Ltd. v. Asuncion, G.R. Nos. 79937-38. February 13, 1989
Fernandez v. International Corporate Bank, G.R. No. 131283, October 7, 1999
The Board of Trustees of the GSIS v. Velasco, G.R. No. 170463, February 2,
2011
Dolot v. Paje, G.R. No. 199199, August 27, 2013

H. Venue
Real actions
Personal actions

Principal parties
Actions against non-residents
Venue stipulations
Rule 4
Dacoycoy v. IAC, G.R. No. 74854, April 2, 1991
Go v. UCPB, G.R. No. 156187, November 11, 2004
Hernandez v. DBP, G.R. No. L-31095, June 18, 1976
BPI Family Savings Bank v. Spouses Yujuico, G.R. No. 175796, July 22, 2015
Marcos-Araneta v. CA, G.R. No. 154096, August 22, 2008
Baritua v. CA, G.R. No. 100748. February 3, 1997
Davao Light and Power Co., Inc. v. CA, G.R. No. 111685, August 20, 2001
Mabanag v. Gallemore, G.R. No. L-825, July 20, 1948
Villareal v. CA, G.R. No. 107314, September 17, 1998
Unimasters Conglomeration, Inc. v. CA, G.R. No. 119657, February 7, 1997
Briones v. CA, G.R. No. 204444, January 14, 2015

II. PARTIES, CAUSE OF ACTION AND PLEADINGS

A. Parties
Real party in interest
Indispensible parties
Necessary parties
Representatives
Misjoinder and non-joinder of parties
Class suit
Indigent party
Death of a party and substitution
Transferee pedente lite
Citizens suit
Rule 3
Section 5, Rule 2, Rules of Procedure for Environmental Cases, A.M. No. 09-6-8SC, April 29, 2010
Ang v. Pacunio, G.R. No. 208928, July 8, 2015
V-Gent, Inc. v. Morning Star Travel and Tours, Inc., G.R. No. 186305, July 22,
2015
Magallanes v. Palmer Asia, Inc. G.R. No. 205179, July 18, 2014

The Law Firm of Laguesma Magsalin Consulta and Gastardo v. COA, G.R. No.
185544, January 13, 2015
S.C. Megaworld Construction and Development Corp. v. Parada, G.R. No.
183804, September 11, 2013
Villamor, Jr. v. Umale, G.R. Nos. 172843 and 172881, September 24, 2014
Arcelona v. CA, G.R. No. 102900. October 2, 1997
Pacaa-Contreras v. Rovila Water Supply, Inc. G.R. No. 168979, December 2,
2013
Land Bank of the Philippines v. Cacayuran, G.R. No. 191667, April 22, 2015
Autocorp Group v. Intra Strata Assurance Corp., G.R. No. 166662, June 27,
2008
Metropolitan Bank and Trust Co. v. Rural Bank of Gerona, Inc., G.R. No. 159097,
July 5, 2010
Navarro v. Escobido, G.R. No. 153788, November 27, 2009
Lianas Supermarket v. NLRC, G.R. No. 111014, May 31, 1996
Mathay v. Consolidated Bank and Trust Co., G.R. No. L-23136, August 26, 1974
Newsweek v. IAC, G.R. No. L-63559. May 30, 1986
MVRS Publications, Inc. v. Islamic Dawah Council of the Philippines, Inc., G.R.
No. 135306. January 28, 2003
Boston Equity Resources, Inc. v. CA, supra
Spouses Berot v. Siapno, G.R. No. 188944, July 9, 2014
Regalado v. Regalado, G.R. No. 196919, June 6, 2011
Heirs of Medrano v. De Vera, G.R. No. 165770, August 9, 2010
Martinez v. People, G.R. No. 132852, May 31, 2000
Spouses Algura v. The Local Government Unit of the City of Naga, G.R. No.
150135, October 30, 2006
Tokio Marine Malayan Insurance Co. Inc. v. Valdez, G.R. No. 150107 and
150108, January 28, 2008
Re: Prioreschi, A.M. No. 09-6-9-SC, August 19, 2009
Frias, Jr. v. Sorongon, G.R. No. 184827, February 11, 2015
Resident Marine Mammals of the Protected Seascape Taon Strait v. Reyes,
G.R. Nos. 180771 and 181527, April 21, 2015

B. Cause of Action
Definition and elements
Splitting a cause of action
Joinder of causes of action
Joinder of parties
Misjoinder of causes of action
Alternative causes of action
Judgment when there are several parties
Several judgments
Separate judgments
Rule 2
Section 6, Rule 3

Section 2, Rule 8
Sections 3 to 5, Rule 36
Riviera Golf Club, Inc. v. CCA Holdings, B.V., G.R. No. 173783, June 17, 2015
Dynamic Builders & Construction Co. (Phil.), Inc. v. Presbiterio, Jr., G.R. No.
174202, April 7, 2015
Spouses Decena v. Spouses Piquero, G.R. No. 155736, March 31, 2005
Spouses Perez v. Hermano, G.R. No. 147417, July 8, 2005
Flores v. Mallare-Phillipps, G.R. No. L-66620, September 24, 1986
Pantranco North Express, Inc. v. Standard Insurance Co., Inc., G.R. No. 140746,
March 16, 2005
Uniwide Holdings, Inc. v. Cruz, G.R. No. 171456, August 9, 2007
Philippine Bank of Communications v. Lim, G.R. No. 158138, April 12, 2005

C. A Pleading and its Parts

Pleading, defined
Verification
Certification against Forum Shopping
Unsigned Pleading
Section 1, Rule 6
Rule 7
Monsanto v. Lim, G.R. No. 178911, September 17, 2014
Republic v. Kenrick Development Corp., G.R. No. 149576, August 8, 2006
Negros Oriental Planters Association, Inc. v. Presiding Judge, G.R. No. 179878,
December 24, 2008.
Heirs of Mesina v. Heirs of Fian, Sr., G.R. No. 201816, April 8, 2013
Torres-Gomez v. Codilla, Jr., G.R. No. 195191, March 20, 2012
Arroyo v. Development Bank of the Philippines, G.R. No. 160996, June 17, 2015
Pepsi-Cola Products Philippines., Inc. v. RTC, G.R. No. 203604, January 26,
2015
Demelletes, Jr. v. Legal Rights and Natural Resources Center, G.R. No. 214566,
January 14, 2015
Santos v. CA, G.R. No. 141947, July 5, 2001
Cavile v, Heirs of Cavile, G.R. No. 148635, April 1, 2003
Hamilton v. Levy, G.R. No. 139283, November 15, 2000
Fiel v. Kris Security Systems, Inc., G.R. No. 155875, April 3, 2003
BA Savings Bank v Sia, G.R. No. 131214, July 27, 2000
MC Engineering, Inc. v NLRC, G.R. No. 142314, June 28, 2001
Shipside, Inc. v. CA, G.R. No. 143377, February 20, 2001
Cagayan Valley Drug Corp. v CIR, G.R. No. 151413, February 13, 2008
Young v. Keng Seng, G.R. No. 143464, March 5, 2003
Uy v. CA, G.R. No. 173186, September 16, 2015

Ayala Land, Inc. v. Valisno, G.R. No. 135899, February 2, 2000

Sevilleja v. Laggui, A.M. No. RTJ-01-1612, August 14, 2001
Villamor, Jr. v. Manalastas, G.R. No. 171247, July 22, 2015
Daswani v. Banco de Oro Universal Bank, G.R. No. 190983, July 29, 2015
Vda. De Karaan, v. Atty. Aguinaldo, G.R. No. 182151, September 21, 2015
Stronghold Insurance Company, Inc. v. Spouses Stroem, G.R. No. 204689,
January 21, 2015
Bandillion v. La Filipino Uygongco Corporation (LFUC) G.R. No. 202446,
September 16, 2015
De Leon v. Chu, G.R. No. 186522, September 2, 2015

D. Manner of Making Allegations in Pleadings

Ultimate Facts
Alternative causes of action or defenses
Capacity
Fraud, mistake, condition of the mind
Actionable document
Specific denial
Rule 8
Article 151, Family Code (cf. Section 3, Rule 8)
Tantuico, Jr. v. Republic, G.R. No. 89114, December 2, 1991
Premium Marble Resources, Inc. v CA, G.R. No. 96551, November 4, 1996
Hydro Resources Contractors Corp. v. CA, G.R. No. 85714, November 29, 1991
Eagleridge Development Corp. v. Cameron Granville 3 Asset Management, Inc.,
G.R. No. 204700, November 24, 2014
Gayon v. Gayon, G.R. No. L-28394, November 26, 1970
Hontiveros v. RTC, G.R. No. 125465, June 29, 1999
Leviton Industries v. Salvador, G.R. No. L-40163, June 19, 1982
Association of Flood Victims v. COMELEC, G.R. No. 203775, August 5, 2014
Heirs of Yabao v. Van der Kolk, G.R. No. 207266, June 25, 2014
Malayan Insurance Co., Inc. v. Regis Brokerage Corp., G.R. NO. 172156,
November 23, 2007
Imperial Textile Mills, Inc. v. CA, G.R. No. 86568, March 22, 1990
Republic v. CA, G.R. No. 110020, September 25, 1998
El Hogar Filipino v. Santos Investments, Inc., G.R. No. 48244, January 22, 1943
Philippine Bank of Communications v. Spouses Go, G.R. No. 175514. February
14, 2011
Venzon v. Rural Bank of Buenavista (Agusan del Norte), Inc., G.R. No. 178031,
August 28, 2013

E. Kinds of Pleadings and When These are Filed

Designation of pleadings
Claims
Defenses
Negative defense
Affirmative defense
Existing compulsory counterclaim or cross-claim
Counterclaim or cross-claim arising after answer
Omitted counterclaim or cross-claim
Extension of time to plead
Rule 6
Rule 11
Spouses Meliton v. CA, G.R. No. 101883, December 11, 1992
Calo v. Ajax International Inc., G.R. No. L-22485, March 13, 1968
GSIS v. Heirs of Caballero, G.R. No. 158090, October 4, 2010
Calibre Traders, Inc. v. Bayer Philippines, Inc., G.R. No. 161431, October 13,
2010
Korea Technologies Co., Ltd. v. Lerma, G.R. No. 143581, January 7, 2008
Spouses Ponciano v. Parentela, Jr., G.R. No. 133284, May 9, 2000
Aurelio v. CA, G.R. No. 90742, May 6, 1991
Francisco Motors v CA, G.R. No. 100812, June 25, 1999
Banco de Oro Universal Bank v. CA, G.R. No. 160354, August 25, 2005
Intramuros Administration v. Contacto, G.R. No. 152576, May 5, 2003
Malinao v. Luzon Surety Co., Inc. G.R. No. L-16082, February 29, 1964
Ruiz v. CA, G.R. No. 101566, August 17, 1992
Del Monte Fresh Produce N.A. v. Dow Chemical Company, G.R. Nos. 179232
and 179290, August 23, 2012
Republic v. Central Surety & Insurance Co., G.R. No. L-27802, October 26,
1968
Pascual v. Bautista, G.R. No. L-21644, May 29, 1970
Del Rosario v. Jimenez, G.R. No. L-17468, July 31, 1963
Philtranco Service Enterprises, Inc. v. Paras, G.R. No. 161909, April 25, 2012
Baez v. CA, G.R. No. 119321, March 18, 1997
Metropolitan Bank & Trust Co. v. Absolute Management Corp., G.R. No. 170498,
January 9, 2013
Sotto v. Valenzuela, G.R. No. L-12732, April 29, 1959
Amante v. Sunga, G.R. No. L-40491, May 28, 1975
Philippine National Bank v. Deang Marketing Corp., G.R. No. 177931, December
8, 2008

F. Amended and Supplemental Pleadings

Amendments as a matter of right

Amendments by leave of court

Amendments to conform to or authorize presentation of evidence
Amended pleading supersedes original pleading
Supplemental pleadings
Rule 10
Remington Industrial Sales Corp. v. CA, G.R. No. 133657, May 29, 2002
Tiu v. Philippine Bank of Communications, G.R. No. 151932, August 19, 2009
Ng v. Spouses Soco, G.R. No. 149132, May 9, 2002
Peneyra v. IAC, G.R. No. 68935, January 22, 1990
Azolla Farms v. CA, G.R. No. 138085, November 11, 2004
Sy v. CA, G.R. No. 124518, December 27, 2007
Ascano-Cupino v. Pacific Rehouse Corp., G.R. No. 205113, August 26, 2015
Planters Development Bank v. LZK Holdings and Development Corp., G.R. No.
153777, April 15, 2005
Ada v. Baylon, G.R. No. 182435, August 13, 2012
Leobrera v. CA, G.R. No. 80001, February 27, 1989
Lambino v. Presiding Judge, G.R. No. 169551, January 24, 2007

G. Effect of Failure to Plead

Waiver of defenses and objections not pleaded; exceptions
Barring of compulsory counterclaims or cross-claims
Default
Remedies from default order
Rule 9
Crisologo-Jose v. Land Bank of the Philippines, G.R. No. 167399, June 22, 2006
Spouses Delos Santos v. Carpio, G.R. No. 153696, September 11, 2006
Spouses Manuel v. Ong, G.R. No. 205249, October 15, 2014
Filinvest Land, Inc. v. CA, G.R. No. 78885, February 26, 1990
Talsan Enterprises, Inc. v. Baliwag Transit, Inc., G.R. No. 126258, July 8, 1999
Garcia v. CA, G.R. No. 83929, June 11, 1992
Ligon v. CA, G.R. No. 127683, August 7, 1998

III. FILING AND SERVICE

A. Computation of Time
pretermission of holidays

interruption of period
Rule 22
Section 28, Chapter 7, Book I, E.O. 292 (Administrative Code of 1987)
Reinier Pacific International Shipping, Inc. v. Guevarra, G.R. No. 157020, June
19, 2013
Yapdiangco v. Buencamino, G.R. No. L-28841, June 24, 1983
The Law Firm of Laguesma Magsalin Consulta and Gastardo v. COA, supra

B. Filing and Service of Pleadings, et al.

Filing, defined
Manner of filing
Proof of filing
Service, defined
Proof of service
Personal service
Service by mail
Substituted service
Proof of service
Priorities in modes of service and filing
Notice of lis pendens
Rule 13
Sections 76 and 77, P.D. No. 1529 (Property Registration Decree)
Secretario v. NLRC, G.R. No. 75879, July 15, 1992
American Express International v. Sison, G.R. No. 172901, October 29, 2008
Solar Team Entertainment, Inc. v. Ricafort, G.R. No. 132007, August 5, 1998
Aberca v. Ver, G.R. No. 166216, March 14, 2012
Johnson & Johnson (Phils.), Inc. v. CA, G.R. No. 99434, September 24, 1991
Magno v. CA, G.R. No. L-58781, July 31, 1987
Yu v. CA, G.R. No. 109078, December 26, 1995
Villanueva v. CA, G.R. No. 117108, November 5, 1997
Spouses Romero v. CA, G.R. No. 142406, May 16, 2005
J. Casim Construction Supplies, Inc. v. Registrar of Deeds of Las Pias, G.R. No.
168655, July 2, 2010

10

C. Summons
Actions in personam, in rem and quasi in rem
Issuance, service, proof of service and return of summons
Alias summons
Personal service
Substituted service
Service upon juridical entities
Service upon defendant of unknown identity or whereabouts
Service by publication
Extraterritorial service
Voluntary appearance
Rule 14
Macasaet v. Co, Jr., G.R. No. 156759, June 5, 2013
Manotoc v. CA, G.R. No. 130974, August 16, 2006
Gomez v. CA, G.R. No. 127692, March 10, 2004
Prudential Bank v. Magdamit, Jr., G.R. No. 183795, November 12, 2014
De Pedro v. Romasan Development Corp., G.R. No. 194751, November 26,
2014
Sagana v. Francisco, G.R. No. 161952, October 2, 2009
Nation Petroleum Gas, Inc. v. RCBC, G.R. No. 183370, August 17, 2015
Ellice Agro-Industrial Corp. v. Young, G.R. No. 174077, November 21, 2012
CCC Insurance Corp. v. Kawasaki Steel Corp., G.R. No. 156162, June 22, 2015
Green Star Express, Inc. v. Nissin-Universal Robina Corp., G.R. No. 181517,
July 6, 2015
Cathay Metal Corp. v. Laguna West Multi-purpose Cooperative, Inc., G.R. No.
172204, July 2, 2014
Pua v. Deyto, G.R. No. 173336, November 26, 2012
RCBC v. Hi-Tri Development Corp., G.R. No. 192413, June 13, 2012
Spouses Crisologo v. Omelio, A.M. No. RTJ-12-2321, October 3, 2012
Perkin Elmer Singapore PTE Ltd. v. Dakila Trading Corp., G.R. No. 172242,
August 14, 2007
La Naval Drug Corp. v. CA, G.R. No. 103200, August 31, 1994
Spouses Belen v. Chavez, G.R. No. 175334, March 26, 2008
Tung Ho Steel Enterprises Corp. v. Ting Guan Trading Corp., G.R. No. 182153,
April 07, 2014
Ejercito v. M.R. Vargas Construction, G.R. No. 172595, April 10, 2008
Planters Development Bank v. Chandumal, G.R. No. 195619, September 5, 2012
El Blanco Espaol-Filipino v. Palanca, G.R. No. L-11390, March 26, 1918
Cabigao v. Nery, A.M. No. P-13-3153, October 14, 2013
Reicon Realty Builders Corp. v. Diamond Dragon Realty and Management, Inc.,
G.R. No. 204796, February 04, 2015
Asiavest Limited v. CA, G.R. No. 128803, September 25, 1998

11

IV. MOTIONS BEFORE JUDGMENT

A. Motions
Hearing and notice of hearing
Omnibus motion rule
Motion for leave to file
Rule 15
Acampado v. Spouses Cosmilla, G.R. No. 198531, September 28, 2015
Cabrera v. Ng, G.R. No. 201601, March 12, 2014
Pojas v. Gozo-Dadole, G.R. No. 76519, December 21, 1990
PH Credit Corp. v. CA, G.R. No. 109648, November 22, 2001
Spouses De Guzman v. Ochoa, G.R. No. 169292, April 13, 2011

B. Motion to Dismiss under Rule 16

Grounds
Resolution of motion
Effect of dismissal
Time to plead when motion is denied
Grounds as affirmative defenses in Answer
Rule 16
Section 1, Rule 9
No jurisdiction over person of defendant, Section 1(a), Rule 16
Recall cases on Summons
No jurisdiction over subject matter, Section 1(b), Rule 16
Recall cases on Jurisdiction
Improper venue, Section 1(c), Rule 16
Recall cases on Venue
Plaintiff has no capacity to sue, Section 1(d), Rule 16
Columbia Pictures, Inc. v. CA, G.R. No. 110318, August 28, 1996
Philip Morris, Inc. v. CA, G.R. No. 91332, July 16, 1993

12

Tuna Processing, Inc. v. Philippine Kingford, Inc., G.R. No. 185582,

February 29, 2012
Alabang Development Corp. v. Alabang Hills Village Association, G.R.
No. 187456, June 2, 2014
Litis pendentia and res judicata, Section 1(e) and Section 1(f), Rule 16
Section 47, Rule 39
Spouses Marasigan v. Chevron Phils., Inc., G.R. No. 184015, February 8,
2012
Feliciano v. CA, G.R. No. 123293, March 5, 1998
Dotmatrix Trading v. Legaspi, G.R. No. 155622, October 26, 2009
Salud v. CA, G.R. No. 100156, June 27, 1994
Villarino v. Avila, G.R. No. 131191, September 26, 2006
Camara v. CA, G.R. No. 100789, July 20, 1999
Tan v. CA, G.R. No. 142401, August 20, 2001
Zarate v. Director of Lands, G.R. No. 13334, March 18, 1919
Lim v. Kou Co Ping, G.R. Nos. 175256 and 179160, August 23, 2012
Statute of limitations or prescription, Section 1(f), Rule 16
Sections 555, 1106-1155, Civil Code
Villagonzalo v. IAC, G.R. No. 71110, November 22, 1988
De Cabrera v. CA, G.R. No. 108547, February 3, 1997
Ledesma v. CA, G.R. No. 106646, June 30, 1993
Miailhe v. CA, G.R. No. 108991, March 20, 2001
Sanchez v. Sanchez, G.R. No. 187661, December 4, 2013
Failure to state a cause of action, Section 1(g), Rule 16
Pacaa-Contreras v. Rovila Water Supply, Inc., supra
Alberto v. CA, G.R. No. 119088, June 30, 2000
Fluor Daniel, Inc.-Philippines v. E.B. Villarosa & Partners Co., Ltd., G.R.
No. 159648, July 27, 2007
Heirs of Clavano v. Genato, G.R. No. L-45837, October 28, 1977
Extinguishment of claim or demand, Section 1(h), Rule 16
Doa Rosana Realty and Development Corp. v. Molave Development
Corp., G.R. No. 180523, March 26, 2010
Star Two (SPV-AMC), Inc. v. Ko, G.R. No. 185454, March 23, 2011
Statute of frauds, Section 1(i), Rule 16
Montilla v. CA, G.R. No. L-47968, May 9, 1988
Non-compliance with condition precedent, Section 1(j), Rule 16
Heirs of Orito v. Montesclaros, G.R. No. 168935, March 13, 2013

13

Blardony v. Coscolluela, G.R. No. 70261, February 28, 1990

Guerrero v. RTC, G.R. No. 109068, January 10, 1994
Heirs of Favis, Sr. v. Gonzales, G.R. No. 185922, January 15, 2014
Hontiveros v. RTC, supra
Dy v. CA, G.R. No. 121587, March 9, 1999
Chung Fu Industries (Phils.), Inc. v. CA, G.R. No. 96283, February 25,
1992
On other provisions under Rule 16:
Narciso v. Garcia, G.R. No. 196877, November 21, 2012
United Alloy Philippines Corp. v. UCPB, G.R. No. 179257, November 23, 2015
Urethane Trading Specialist, Inc. v. Ong, G.R. No. 164632, October 29, 2008
Spouses Rasdas v. Estenor, G.R. No. 157605, December 13, 2005
California and Hawaiian Sugar Company v. Pioneer Insurance and Surety Corp.,
G.R. No. 139273, November 28, 2000
Dio v. Subic Bay Marine Exploratorium, Inc., G.R. No. 189532, June 11, 2014

C. Dismissal of Actions under Rule 17

Dismissal upon notice by plaintiff
Dismissal upon motion of plaintiff
Dismissal due to fault of plaintiff
Rule 17
Go v. Cruz, G.R. No. 58986, April 17, 1989
Roxas v. CA, G.R. No. 139337, August 15, 2001
Ching v. Cheng, G.R. No. 175507, October 8, 2014
Bank of the Philippine Islands v. CA, G.R. No. 117385, February 11, 1999
3A Apparel Corp. v. Metropolitan Bank and Trust Co., G.R. No. 186175, August
23, 2010
Hydro Resources Contractors Corp. v. CA, supra
Pua v. Deyto, supra
Vicoy v. People, G.R. No. 138203, July 3, 2002
Chuan v. Uy, G.R. No. 155701, March 11, 2015
Perkin Elmer Singapore PTE Ltd. v. Dakila Trading Corp., supra

D. Bill of Particulars
Rule 12
Tantuico, Jr. v. Republic, supra
Republic v. Sandiganbayan, G.R. No. 148154, December 17, 2007

14

Virata v. Sandiganbayan, G.R. No. 114331, May 27, 1997

Palm Avenue Holding Co., Inc. v. Sandiganbayan 5th Division, G.R. Nos. 173082
and 195795, August 6, 2014

E. Intervention
Rule 19
Sections 7 and 8, Rule 3
Metropolitan Bank and Trust Company v. International Exchange Bank, G.R. No.
176008 and 176131 August 10, 2011
Ongco v. Dalisay, G.R. No. 190810, July 18, 2012
Spouses Magat v. Spouses Delizo, G.R. No. 135199, July 5, 2001

F. Consolidation or Severance
Rule 31
Second paragraph, Section 6, Rule 16
Sections 2 and 3, Rule 17
Republic v. Sandiganbayan (Fourth Division), G.R. No. 152375, December 13,
2011
Mobil Oil Philippines, Inc. v. CA, G.R. No. 103072, August 20, 1993
Republic v. Heirs of Oribello, Jr., G.R. No. 199501, March 6, 2013

G. Judgment on the Pleadings

Rule 34
Fernando Medical Enterprises, Inc. v. Wesleyan University Philippines, Inc., G.R.
No. 207970, January 20, 2016
Mongao v. Pryce Properties Corp., G.R. No. 156474, August 16, 2005
Pacific Rehouse Corp. v. EIB Securities, Inc., G.R. No. 184036, October 13,
2010

H. Summary Judgments
No genuine issue on material facts
Partial summary judgment

15

Rule 35
Paz v. CA, G.R. No. 85332, January 11, 1990
Olivarez Realty Corp. v. Castillo, G.R. No. 196251, July 9, 2014
Mortel v. Brundige, G.R. No. 190236, June 15, 2015
Diman v. Alumbres, G.R. No. 131466, November 27, 1998
Velasquez v. CA, G.R. No. 124049, June 30, 1999
Philippine Business Bank v. Chua, G.R. No. 178899, November 15, 2010

V. ESTABLISHING FACTS AFTER EXCHANGING PLEADINGS

A. Pre-trial
Mandatory pre-trial - nature and purpose
Notice of pre-trial
Appearance of parties; appearance through representative
Effect of failure to appear
Pre-trial brief
Record of pre-trial; pre-trial order
Rule 18
A.M. No. 03-1-09-SC - Re: Proposed Rule on Guidelines to be Observed by Trial
Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of
Deposition-Discovery Measures
A.M. No. 12-8-8-SC - Judicial Affidavit Rule; Section 2
LCK Industries, Inc. v. Planters Development Bank, G.R. No. 170606, November
23, 2007
Alarcon v. CA, G.R. No. 126802, January 28, 2000
National Power Corporation v. Judge Adiong, A.M. No. RTJ-07-2060, July 27,
2011
Olave v. Mistas, G.R. No. 155193, November 26, 2004
Bank of the Philippine Islands, v. Spouses Genuino, G.R. No. 208792, July 22,
2015
Cruz-Arevalo v. Judge Querubin-Layosa, A.M. No. RTJ-06-2005, July 14, 2006
Ramnani v. CA, G.R. No. 101789, April 28, 1993
Monarch Insurance Co., Inc. v. CA, G.R. No. 92735, June 8, 2000
Republic v. Oleta, G.R. No. 156606, August 17, 2007
Son v. Son, G.R. No. 73077, December 29, 1995

16

B. Trial
Adjournments and postponements
Order of trial
Agreed statement of facts
Statement of judge
Suspension of actions
Judge to receive evidence; delegation to clerk of court
Rule 30
Rule 31
A.M. No. 12-8-8-SC - Judicial Affidavit Rule
Definition of trial in Olivarez Realty Corp. v. Castillo, supra
Office of the Court Administrator v. Judge Vestil, A.M. No. RTJ-06-2030, October
5, 2007
Republic v. Sandiganbayan (Fourth Division), G.R. No. 152375, December 13,
2011
Kalitas v. Lido, G.R. No. L-22452, April 25, 1969
Moldex Realty, Inc. v. Spouses Villabona, G.R. No. 175123, July 4, 2012
Saludo, Jr. v. CA, G.R. No. 121404, May 3, 2006
Umali-Paco v. Judge Quilala, A.M. No. RTJ-02-1699, October 15, 2003
Concerned Lawyers of Bulacan v. Judge Villalon-Pornillos, A.M. No. RTJ-092183, July 7, 2009

C. Trial by Commissioner
Basis of reference
Order of reference
Report of commissioner
Notice to parties of the filing of report
Hearing upon report
Rule 32
Lao v. CA, G.R. No. 47013, 60647 and 60958-59, February 17, 2000
Manotok Realty, Inc. v CLT Realty Development Corp., G.R. No. 123346,
134385 and 148767, November 29, 2005
Jaca v. Davao Lumber Co., G.R. No. L-25771, March 29, 1982
Perez v. CA, G.R. No. L-21347, July 28, 1972
Dy, Jr. v. CA, G.R. No. 97130, June 19, 1991
Heirs of Fran v. Salas, G.R. No. 53546, June 25, 1992

17

D. Subpoena
Subpoena (ad testificandum)
Subpoena duces tecum
Subpoena for depositions
Quashing a subpoena
Service
Compelling attendance
Contempt
Rule 21
Canillas v. Pelayo, A.M. No. P-02-1575, August 1, 2002
Macaspac v. Flores, A.M. No. P-05-2072, August 13, 2008
Lee v. CA, G.R. No. 177861, July 13, 2010
Pagdilao, Jr. v. Angeles, A.M. No. RTJ-99-1467, August 5, 1999

E. Depositions Pending Action

Scope of examination
Use of depositions
Examination and cross-examination
Effect of taking depositions
Effect of using depositions
Persons before whom depositions may be taken
Commission or letters rogatory
Disqualification by interest
Deposition upon oral examination
Deposition upon written interrogatories
Orders for the protection of parties and deponents
Submission to witness, changes to and signing of deposition
Effect of errors and irregularities in depositions
Rule 23
Fortune Corp. v. CA, G.R. No. 108119, January 19, 1994
Jonathan Landoil International Co., Inc. v. Spouses Mangudadatu, G.R. No.
155010, August 16, 2004
Dasmarias Garments, Inc. v. Reyes, G.R. No. 108229, August 24, 1993
San Luis v. Rojas, G.R. No. 159127, March 3, 2008
Hyatt Industrial Manufacturing Corp. v. Ley Construction and Development Corp.,
G.R. No. 147143, March 10, 2006
Northwest Airlines, Inc. v. Cruz, G.R. No. 137136, November 3, 1999

18

Republic v. Sandiganbayan (Fourth Division), G.R. No. 152375, December 13,

2011
Vda. de Manguerra v. Risos, G.R. No. 152643, August 28, 2008
Go v. People, G.R. No. 185527, July 18, 2012

F. Depositions Before Action or Pending Appeal

Contents of petition
Use of deposition
Rule 24

G. Interrogatories to Parties
Written interrogatories
Objections to interrogatories
Answer to interrogatories
Number of interrogatories
Scope and use of interrogatories
Effect of failure to serve written interrogatories
Rule 25
Republic v Sandiganbayan, G.R. No. 90478, 21 November 1991
Dela Torre v Pepsi Cola Products, Phils., Inc., G.R. No. 130243, October 30,
1998
Producers Bank of the Philippines v. CA, G.R. No. 110495, January 29, 1998
Spouses Afulugencia v. Metrobank, G.R. No. 185145, February 5, 2014

H. Admission by Adverse Party

Request for admission
Implied admission
Effect of admission; withdrawal
Effect of failure to file and serve request for admission
Rule 26
Laada v. CA, G.R. No. 102390 and 102404, February 1, 2002
Metro Manila Shopping Mecca Corp. v. Toledo, G.R. No. 190818, June 5, 2013

19

I. Production of Inspection of Documents or Things

Rule 27
Republic v Sandiganbayan, G.R. No. 90478, 21 November 1991
Security Bank Corp. v. CA, G.R. No. 135874. January 25, 2000
Eagleridge Development Corp. v. Cameron Granville 3 Asset Management, Inc.,
G.R. No. 204700, November 24, 2014
Chan v. Chan, G.R. No. 179786, July 24, 2013

J. Physical and Mental Examination of Persons

Rule 28

K. Refusal to Comply with Modes of Discovery

Contempt of Court
Charging of expenses
Other consequences
Rule 29
Insular Life Assurance Co., Ltd. v. CA, G.R. No. 97654, November 14, 1994
Solidbank v. Gateway Electronics Corp., G.R. No. 164805, April 30, 2008

VI. DISPOSITION OF ACTIONS DURING OR AFTER TRIAL

A. Demurrer to Evidence
Effect on right to present evidence
Rule 33
Felipe v. MGM Motor Trading Corp., G.R. No. 191849, September 23, 2015
Casent Realty Development Corp. v. Philbanking Corp., G.R. No. 150731,
September 14, 2007

20

Spouses Gokioco v. CA, G.R. No. 164962, January 28, 2015

Gonzales v. Bugaay, G.R. No. 173008, [February 22, 2012]
Radiowealth Finance Company v Spouses Del Rosario, G.R. No. 138739, July 6,
2000
Uy v. Chua, G.R. No. 183965, September 18, 2009
Bernardo v CA, G.R. No. 119010, September 5, 1997

B. Judgments and Final Orders

Rendition of judgments and final orders
Entry and finality
Several judgments
Separate judgments
Sections 14 and 15, Article VIII, 1987 Constitution
Rule 36
Heck v. Santos, A.M. No. RTJ-01-1630, April 9, 2003
Shimizu Philippines Contractors, Inc. v. Magsalin, G.R. No. 170026, June 20,
2012
National Housing Authority v. CA, G.R. No. 173802, April 7, 2014
De Leon v. CA, G.R. No. 138884, June 6, 2002
Philippine National Bank v. San Miguel Corp., G.R. No. 186063, January 15,
2014
Municipality of Orion v. Pereyra, G.R. No. 26671, September 17, 1927
Lichauco v. Tan Pho, G.R. Nos. 19512, 19511 and 19595, November 21, 1923
Manning International Corp. v. NLRC, G.R. No. 83018, March 13, 1991

C. Other Outcomes

1. Dismissal under Section 1, Rule 9

no subject matter jurisdiction; litis pendentia; res judicata; prescription
2. Dismissal upon motion or due to fault of plaintiff; Sections 2 and 3, Rule 17
3. Summary judgment; Rule 35

21

VII. PROVISIONAL REMEDIES

A. Preliminary Attachment
Grounds for issuance
Issuance; who may issue
Affidavit and bond required
Manner of attaching property
Attachment of real and personal property
Effects of attachment depending on property attached
Examination of party and persons indebted to him
Sale of attached property before entry of judgment
Discharge of attachment upon giving counter-bond
Discharge of attachment on other grounds
Third-party claims on attached property
Satisfaction of judgment out of property attached; balance due
Recovery upon the counter-bond
Disposition of attached property when party who applied for attachment loses
Claims for damages on account of improper, irregular or excessive attachment
Rule 57
Watercraft Venture Corp. v. Wolfe, G.R. No. 181721, September 9, 2015
Philippine Commercial International Bank v. Alejandro, G.R. No. 175587,
September 21, 2007
China Banking Corp. vs. Asian Construction and Development Corp., G.R. No.
158271, April 8, 2008
Spouses Tanchan v. Allied Banking Corp., G.R. No. 164510, November 25, 2008
Torres v. Satsatin, G.R. No. 166759, November 25, 2009
Metro, Inc. v. Laras Gifts and Decors, Inc., G.R. No. 171741, November 27,
2009
Lim, Jr. v. Spouses Lazaro, G.R. No. 185734, July 3, 2013
Insular Savings Bank v. CA, G.R. No. 123638, June 15, 2005
Republic v. Garcia, G.R. No. 167741, July 12, 2007
Carlos v. Sandoval, G.R. Nos. 135830, 136035, and 137743, September 30,
2005

B. Preliminary Injunction
Definitions; prohibitory versus mandatory
Temporary restraining order
Who may grant
Grounds for issuance
Rule 58

22

Presidential Decree No. 1818

Article 266, Labor Code (P.D. No. 442, as amended)
Sangguniang Panlungsod ng Baguio v. Jadewell Parking Systems Corp., G.R.
No. 160025, et al., April 23, 2014
City Government of Butuan v. Consolidated Broadcasting System Inc., G.R. No.
157315, December 1, 2010
Heirs of Yu v. CA, G.R. No. 182371, September 4, 2013
Australian Professional Realty, Inc. v. Municipality of Padre Garcia, Batangas,
G.R. No. 183367, March 14, 2012
Thunder Security and Investigation Agency v. National Food Authority (Region
1), G.R. No. 182042, July 27, 2011
Novecio v. Lim, G.R. No. 193809, March 23, 2015
Philippine Ports v CA, G.R. No. 115786-87, February 5, 1996

C. Receivership
Cases when receiver may be appointed
Bond on appointment of receiver
Denial of application or discharge of receiver
Oath and bond of receiver
General powers of receiver
Liability for refusal or neglect to deliver property to receiver
Termination of receivership; compensation of receiver
Rule 59
Article 1814, Civil Code
Chavez v. CA, G.R. No. 174356, January 20, 2010
Tantano v. Espina-Caboverde, G.R. No. 203585, July 29, 2013
Vivares v. Reyes, G.R. No. 155408, February 13, 2008

D. Replevin
Application
Affidavit and bond
Requirements for writ of replevin; bond in double the value of the property
Duty of the sheriff
Return of property
Disposition of property by sheriff
Third-party claim

23

Rule 60
PCI Leasing & Finance, Inc. vs. Spouses Dai, G.R. No. 148980, September 21,
2007
Rivera v. Vargas, G.R. No. 165895, June 5, 2009
Spouses Agner v. BPI Family Savings Bank, Inc., G.R. No. 182963, June 3, 2013
Fernandez v. International Corporate Bank, G.R. No. 131283, October 7, 1999
Advent Capital and Finance Corp. v. Young, G.R. No. 183018, August 3, 2011

E. Support Pendente Lite

Application and comment
Hearing and order
Enforcement of order
Reimbursement of third party furnishing support
Support in criminal cases
Restitution
Rule 61
Mangonon v. CA, G.R. No. 125041, June 30, 2006

VIII. REMEDIES FOR AN ADVERSE JUDGMENT

A. Motion for Reconsideration and Motion for New Trial
Grounds
Period for filing
Contents of motion
Pro forma motion
Action on motion
Period of resolution
Second motion for new trial
Partial new trial or reconsideration
Effect of grant of new trial, partial new trial
Remedy when motion is denied
Rule 37
Section 2, Rule 40

24

Section 3, Rule 41
Rules 52 and 53
Sections 2 and 4, Rule 56, in relation to Rule 52
Philippine National Bank v. Paneda, G.R. No. 149236, February 14, 2007
Republic v. Asuncion, G.R. No. 159695, September 15, 2006
Yap v. Taada, G.R. No. L-32917, July 18, 1988
Capuz v. CA, G.R. No. 112795, June 27, 1994
Pantig v. Baltazar, G.R. No. 80904, December 3, 1990
Cansino v. CA, G.R. No. 125799, August 21, 2003
Acampado v. Spouses Cosmilla, G.R. No. 198531, September 28, 2015
National Commercial Bank of Saudi Arabia v. CA, G.R. No. 124267, January 31,
2003
Casalla v. People, G.R. No. 138855, October 29, 2002
Gonzales v. Bantolo, A.M. No. RTJ-06-1993, April 26, 2006
Obando v. CA, G.R. No. 139760, October 5, 2001

B. Appeal
Heirs of Garcia I v. Municipality of Iba, Zambales, G.R. No. 162217, July 22,
2015
Abedes v. CA, G.R. No. 174373, October 15, 2007
People v. Ang Gioc, G.R. No. 48547, October 31, 1941
Cu-Unjieng v. CA, G.R. No. 139596, January 24, 2006
Land Bank of the Philippines v. Spouses De Leon, G.R. No. 143275, September
10, 2002
Neypes v. CA, G.R. No. 141524, September 14, 2005
Fajardo v. CA, G.R. No. 140356, March 20, 2001

C. Relief from Judgments, Orders or other Proceedings

Grounds
Petition for relief from judgment, final order or other proceeding
Petition for relief from denial of appeal
Period for filing
Form and contents; affidavits
Answer
Preliminary injunction pending proceedings
Proceedings when petition is granted
Procedure when denial of appeal is set aside
Courts where available
Rule 38

25

Tuason v. CA, G.R. No. 116607, April 10, 1996

Madarang v. Spouses Morales, G.R. No. 199283, June 9, 2014
City of Dagupan v. Maramba, G.R. No. 174411, July 2, 2014
Philippine Phosphate Fertilizer Corp. v. Commissioner of Internal Revenue, G.R.
No. 141973, June 28, 2005
Spouses Regalado v. Regalado, G.R. No. 134154, February 28, 2006
Purcon, Jr. v. MRM Philippines, Inc., G.R. No. 182718, September 26, 2008

D. Annulment of Judgments, Final Orders and Resolutions

Coverage; when filed with CA, when with RTC
Grounds
Period for filing
Form and contents
Initial action; ensuing proceedings as in ordinary civil action
Suspension of prescriptive period
Effect of judgment; relief available
Rule 47
Lazaro v. Rural Bank of Francisco Balagtas (Bulacan), Inc., G.R. No. 139895,
August 15, 2003
Veneracion v. Mancilla, G.R. No. 158238, July 20, 2006
De Pedro v. Romasan Development Corp., G.R. No. 194751, November 26,
2014
Carillo v. CA, G.R. No. 121165, September 26, 2006
Bulawan v. Aquende, G.R. No. 182819, June 22, 2011
Dare Adventure Farm Corp. v. CA, G.R. No. 161122, September 24, 2012

IX. MODES OF APPEAL AND PROCEDURES ON APPEAL

A. Appeal from the MTC to RTC
Where to appeal
Reglementary period
How to appeal
Notice of appeal
Record on appeal
Perfection of appeal; effects
Appeal fees
Duties of clerk of court; transmittal

26

Procedure in the RTC

Disposition by RTC; when RTC may try the case
Applicability of Rule 41
Rule 40
Lao v. Mabutin, A.M. No. MTJ-06-1646, July 16, 2008
Enriquez v. CA, G.R. No. 140473, January 28, 2003
Heirs of de la Rosa v. Calderon-Bargas, G.R. No. 147939, July 6, 2007
Serrano v. Spouses Gutierrez, G.R. No. 162366, November 10, 2006
De Vera v. Spouses Santiago, G.R. No. 179457, June 22, 2015

B. Appeals from the RTC to the CA

Subject of appeal
Remedy when appeal is not available
Modes of appeal from the RTC
Ordinary appeal to the CA under Rule 41
Petition for review with the CA under Rule 42
Appeal by certiorari to the SC under Rule 45 (see D of this part IX)
Rule 41
Macawiwili Gold Mining and Development Co., Inc. v. CA, G.R. No. 115104,
October 12, 1998

1. Ordinary appeal procedure in the RTC

Reglementary period
How to appeal
Notice of appeal
Record on appeal
Form and contents
Approval
Joint record on appeal
Perfection of appeal; effects
Appeal fees
Duties of clerk of court; transmittal
Dismissal of ordinary appeal by the RTC
Rule 41

27

Section 2, Rule 39
Neypes v. CA, G.R. No. 141524, September 14, 2005
Rodriguez v. People, G.R. No. 192799, October 24, 2012
Villena v. Rupisan, G.R. No. 167620, April 3, 2007
Spouses Lebin v. Mirasol, G.R. No. 164255, September 7, 2011
Republic v. Nishina, G.R. No. 186053, November 15, 2010
PNB-Republic Bank v. Spouses Cordova, G.R. No. 169314, March 14,
2008

2. Ordinary appeal procedure in the CA

Completion of record
Filing of appellants brief, appellees brief and appellants reply brief
Extension of time for filing of briefs
Contents of appellants brief
Contents of appellees brief
Filing of memoranda in special cases
Questions that may be raised on appeal
Dismissal of ordinary appeal by the CA
When appeal deemed submitted for decision
Other aspects of CA procedures shared with other CA proceedings (see
E of this part IX)
Rule 44
Rules 48, 49, 52 to 55
Sections 1 and 3, Rule 50
Section 1 (A), Rule 51
2009 Internal Rules of the Court of Appeals
Lui Enterprises, Inc. v. Zuellig Pharma Corp., G.R. No. 193494, March 12,
2014
Banco de Oro Unibank, Inc. v. Spouses Locsin, G.R. No. 190445, July 23,
2014
Government of the Kingdom of Belgium v. CA, G.R. No. 164150, April 14,
2008
Buena, Jr. v. Benito, G.R. No. 181760, October 14, 2014
Operators Inc. v. American Biscuit Co., Inc., G.R. No. L-34767, et al.,
October 23, 1987
Ayson v. Vda. De Carpio, G.R. No. 152438, June 17, 2004
Five Star Bus Co., Inc. v. CA, G.R. No. 120496, July 17, 1996

28

3. Petition for review under Rule 42 procedure in the RTC and CA

How taken; appeal fees
Reglementary period
Form and contents
Service and filing
Effect of non-compliance with requirements; dismissal
Perfection of appeal; effects
Initial action on petition
Comment
Due course
Elevation of record; oral arguments, memoranda; submission for
decision
Other aspects of CA procedures shared with other CA proceedings (see
E of this part IX)
Rule 42
Section 1 (B), Rule 51
2009 Internal Rules of the Court of Appeals
Spouses Dadizon v. CA, G.R. No. 159116, September 30, 2009
Boardwalk Business Ventures, Inc. v. Villareal, G.R. No. 181182, April 10,
2013
Lee, Jr. v. CA, G.R. No. 165918, June 17, 2008
Maravilla v. Rios, G.R. No. 196875, August 19, 2015

C. Appeal to the CA from Quasi-judicial Agencies

When available; cases not covered
Petition for review - form and contents
Reglementary period; extension
Service and filing
Filing fees
Effect of non-compliance with requirements; dismissal
Initial action on petition
Comment
Due course
Oral arguments, memoranda; submission for decision
Transmittal of record
Effect of appeal; proceedings of quasi-judicial agency not stayed; exception
Other aspects of CA procedures shared with other CA proceedings (see E of
this part IX)

29

Rule 43
2009 Internal Rules of the Court of Appeals
Paa v. CA, G.R. No. 126560, December 4, 1997
Land Bank of the Philippines v. Spouses De Leon, G.R. No. 143275, September
10, 2002
Heirs of Deleste v. Land Bank of the Philippines, G.R. No. 169913, June 8, 2011
Suib v. Ebbah, G.R. No. 182375, December 2, 2015
Office of the Ombudsman v. Samaniego, G.R. No. 175573, October 5, 2010
Taguinod v. CA, G.R. No. 154654, September 14, 2007

D. Appeal by Certiorari to the SC

From the RTC, on pure questions of law
From the CA
From special courts
Petition for review on certiorari - form and contents
Reglementary period; extension
Service and filing
Filing fees
Effect of non-compliance with requirements; dismissal
Pleadings and documents that may be required
Discretionary review
Denial motu proprio
Due course
Elevation of record
Applicability to civil and criminal cases; exception
Rule 45
Sections 3 to 7, Rule 57
Section 2, Rule 50
Rules 45, 48, 51 (except Sections 3 and 4), and 52
4(b) of SC Circular No. 2-90, March 9, 1990 (when questions of fact are raised in
an appeal by certiorari to the SC)
Section 19, R.A. No. 1125, as amended by R.A. No. 9282 (on the Court of Tax
Appeals)
Sections 4 and 7, P.D. No. 1606, as amended (Sandiganbayan Law)

30

Philippine Migrants Rights Watch, Inc. v. Overseas Workers Welfare

Administration, G.R. No. 166923, November 26, 2014
Mangahas v. CA, G.R. No. 173375, September 25, 2008
Marasigan v. Fuentes, G.R. No. 201310, January 11, 2016

E. Other Aspects of CA and SC Procedures

Erroneous appeals
Harmless error rule
Questions that may be decided
Rules 48 to 55
SC Circulars Nos. 2-90 and 28-91
City of Lapu-Lapu v. Philippine Economic Zone Authority, G.R. No. 184203 &
187583, November 26, 2014
Banco de Oro Unibank, Inc. v. Spouses Locsin, G.R. No. 190445, July 23, 2014
Five Star Bus Co., Inc. v. CA, G.R. No. 120496, July 17, 1996
Spouses Carrion v. CA, G.R. No. 124271, August 22, 1996
Philippine Hawk Corporation v. Lee, G.R. No. 166869, February 16, 2010
Hiponia-Mayuga v. Metropolitan Bank and Trust Co., G.R. No. 211499, June 22,
2015
Cruz v. CA, G.R. No. 79962, December 10, 1990

X. EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

Execution upon judgments or final orders
As a matter of right
Discretionary execution
Pending appeal
Several, separate or partial judgments
Stay of discretionary execution
Judgments not stayed by appeal
Effect of reversal of executed judgment
Execution by motion; by independent action (action for revival of judgment)
Execution in case of death of a party
Writ of execution
Issuance, form, and contents
Return
Execution of judgments for sum of money
Immediate payment
Levy and sale

31

Effect of levy on execution

No sale if judgment and costs paid
Garnishment
Execution of judgments for specific act
Execution of special judgments
Property exempt from execution
Notice of sale of property on execution
Penalties for violation
Proceedings where property claimed by third person
How property sold on execution
Redemption of real property sold on execution
Examination of judgment obligor when judgment unsatisfied
Examination of obligor of judgment obligor
Obligor may pay execution against obligee
Proceedings when indebtedness denied or another person claims the property
Appointment of receiver
When principal bound by judgment against surety
Entry of satisfaction of judgment
Effect of judgments or final orders
Effect of foreign judgments or final orders
Rule 39
Associate Anglo-American Tobacco Corporation v. CA, G.R. No. 167237, April 23, 2010
Anama v. CA, G.R. No. 187021, January 25, 2012
Diesel Construction Company, Inc. v. Jollibee Foods Corp., G.R. No. 136805, January
28, 2000
Philippine Bank of Communications v. CA, G.R. No. 126158, September 23, 1997
Far East Bank and Trust Co. v. Toh, Sr., G.R. No. 144018, June 23, 2003
Heirs of Reyes v. CA, G.R. Nos. 135180-81 & 135425-26, August 16, 2000
Remington Industrial Sales Corp. v. Maricalum Mining Corp., G.R. No. 193945, June 22,
2015
Yau v. Silverio, Sr., G.R. No. 158848, 171994, February 4, 2008
Villeza v. German Management and Services, Inc., G.R. No. 182937, August 9, 2010
Rizal v. Naredo, G.R. No. 151898, March 14, 2012
Heirs of Lorilla v. CA, G.R. No. 118655, April 12, 2000
Hulst v. PR Builders, Inc., G.R. No. 156364, September 3, 2007
Perla Compania De Seguros, Inc. v. Ramolete, G.R. No. 60887, November 13, 1991
Sia v. Arcenas, G.R. Nos. 209672-74, January 14, 2015
Morta, Sr. v. Saez, A.M. No. RTJ-00-1593, October 16, 2000
Josef v. Santos, G.R. No. 165060, November 27, 2008
Reyes v. Tang Soat Ing, G.R. No. 185620, December 14, 2011
De Guzman v. Tabangao Realty, Inc., G.R. No. 154262, February 11, 2015
Gadrinab v. Salamanca, G.R. No. 194560, June 11, 2014
Heirs of Miguel v. Heirs of Miguel, G.R. No. 158916, March 19, 2014
Vargas v. Cajucom, G.R. No. 171095 , June 22, 2015
Mijares v. Ranada, G.R. No. 139325, April 12, 2005

32

XI. SPECIAL CIVIL ACTIONS

A. Interpleader
When proper; conflicting claims upon same subject matter
Motion to dismiss
Answer and other pleadings
Pre-trial
Filing fees, costs and litigation expenses as lien on subject matter
Rule 62
Lui Enterprises, Inc. v. Zuellig Pharma Corp., G.R. No. 193494, March 12, 2014
Rizal Commercial Banking Corp. v. Metro Container Corp., G.R. No. 127913,
September 13, 2001
Arreza v. Diaz, Jr., G.R. No. 133113, August 30, 2001
Bank of Commerce v. Planters Development Bank, G.R. Nos. 154470-71,
154589-90, September 24, 2012

B. Declaratory Relief
Who may file
Proper court in which to file
When notice on solicitor general required
Action involving validity of local government ordinance
When court action discretionary
Conversion into ordinary action
Rule 63
Commissioner of Customs v. Hypermix Feeds Corp., G.R. No. 179579, February
1, 2012
Commission on Audit of the Province of Cebu v. Province of Cebu, G.R. No.
141386, November 29, 2001
Monetary Board v. Philippine Veterans Bank, G.R. No. 189571, January 21, 2015
City of Lapu-Lapu v. Philippine Economic Zone Authority, G.R. Nos. 184203 &
187583, November 26, 2014
Visayan Packing Corp. v. Reparations Commission, G.R. No. L-20577, May 31,
1965
Malana v, Tappa, G.R. No. 181303, September 17, 2009
Sabitsana v. Muertegui, G.R. No. 181359, August 5, 2013

33

C. Certiorari, Prohibition and Mandamus

Petition for certiorari
Petition for prohibition
Petition for mandamus
When and where petition filed
Order to comment
Expediting proceedings, injunctive relief
Proceedings after comment is filed
Other aspects of CA and SC procedures (see E of part IX)
Rule 65
Section 1, Rule 41
Rule 46
Serrano v. Galant Maritime Services, G.R. No. 151833, August 7, 2003
Magsino v. De Ocampo, G.R. No. 166944, August 18, 2014

1. Certiorari under Rule 65

Spouses Delos Santos v. Metropolitan Bank and Trust Co., G.R. No.
153852, October 24, 2012
Chamber of Real Estate and Builders' Association, Inc. v. Energy
Regulatory Commission, G.R. No. 174697, July 8, 2010
Villanueva v. Palawan Council for Sustainable Development, G.R. No.
178347, February 25, 2013
People v. CA, G.R. No. 142051, February 24, 2004
Bian Rural Bank v. Carlos, G.R. No. 193919, June 15, 2015
Yu v. CA, G.R. No. 154115, November 29, 2005
Tan v. Spouses Antazo, G.R. No. 187208, February 23, 2011

2. Prohibition
Holy Spirit Homeowners Association, Inc. v. Defensor, G.R. No. 163980,
August 3, 2006
Spouses Yusay v. CA, G.R. No. 156684, April 6, 2011
Spouses Guerrero v. Domingo, G.R. No. 156142, March 23, 2011

34

3. Mandamus
Lamb v. Phipps, G.R. No. 7806, July 12, 1912
Uy Kiao Eng v. Lee, G.R. No. 176831, January 15, 2010
Bagumbayan-VNP Movement, Inc. v. Commission on Elections, G.R. No.
222731, March 8, 2016

4. Certiorari under Rule 64

Scope
Time to file petition; interruption
Petition; form and contents
Effect of filing
Rule 64
Section 7, Article IX-A, 1987 Constitution
Rule 46, as adopted for the SC by Section 2, Rule 56
Lokin, Jr. v. Commission on Elections, G.R. No. 193808, June 26, 2012

D. Quo warranto
Usurpation
Action by government against individuals
When Solicitor General or public prosecutor must commence action
When Solicitor General or public prosecutor may commence action with
permission of court
When an individual may commence such an action
Venue
Judgment
Separate action to recover damages sustained by reason of the usurpation
Limitations; one-year reglementary periods
Rule 66
Rule 46
Feliciano v. Villasin, G.R. No. 174929, June 27, 2008
Liban v. Gordon, G.R. No. 175352, July 15, 2009

35

Mendoza v. Allas, G.R. No. 131977, February 4, 1999

Madrigal v. Lecaroz, G.R. No. L-46218, October 23, 1990

E. Expropriation
Complaint; form and contents
Entry of plaintiff upon depositing value with authorized government depositary
Defenses and objections
Two-stages; multiple appeals
Order of expropriation
Ascertainment of compensation
Proceedings by commissioners
Uncertain ownership; conflicting claims
Right of plaintiff after judgment and payment
Entry not delayed by appeal; effect of reversal
Recording judgment; effects
Rule 67
Bardillon v. Barangay Masili of Calamba, Laguna, G.R. No. 146886, April 30,
2003
Tan v. Republic, G.R. No. 170740, May 25, 2007
Republic v. Mangotara, G.R. No. 170375, et al., July 7, 2010
City of Manila v. Te, G.R. No. 169263, September 21, 2011
Republic v. Phil-Ville Development and Housing Corporation, G.R. No. 172243,
June 26, 2007
Republic v. Spouses Tan, G.R. No. 191448, November 16, 2011
National Power Corp. v. Heirs of Borbon, G.R. No. 165354, January 12, 2015
National Power Corp. v. Posada, G.R. No. 191945 , March 11, 2015
National Transmission Corp. v. Heirs of Ebesa, G.R. No. 186102, February 24,
2016

F. Foreclosure of Real Estate Mortgage

Complaint; form and contents
Judgment for payment and sale upon default
Sale of mortgaged property as in execution under Rule 39
Disposition of proceeds of sale
Sale of mortgaged property in case debt is not all due
Deficiency judgment
Registration
Rule 68

36

Limpin v. IAC, G.R. No. 70987, September 29, 1988

Looyuko v. CA, G.R. No. 102696, et al., July 12, 2001
Marilag v. Martinez, G.R. No. 201892, July 22, 2015

G. Partition
Complaint for partition of real estate; contents
Order for partition and partition by agreement
Partition by commissioners
Assignment or sale of real estate by commissioners
Report of commissioners; action of the court on report
Accounting for rent and profits
Judgment, its effects and recording
Paramount rights
Amicable partition
Partition of personal property
Rule 69
Articles 1078 to 1105, Civil Code
Heirs of Marasigan v. Marasigan, G.R. No. 156078, March 14, 2008
Dadizon v. Bernadas, G.R. No. 172367, June 5, 2009

H. Forcible Entry and Unlawful Detainer

Forcible entry, defined
Unlawful detainer, defined
Who may institute proceedings, and when
Prior demand required in unlawful detainer based on lease
Demand to pay or comply, and vacate
Summary procedure
Pleadings allowed; verification;
Prohibited pleadings and motions
Initial action; outright dismissal or issuance of summons
Answer; effect of failure to answer
Preliminary conference
Submission of affidavits and position papers
Referral for conciliation
Preliminary injunction or preliminary mandatory injunction issued by MTC/MeTC
Judgment
Resolving defense of ownership
Judgment conclusive only on possession
Immediate execution of judgment on appeal to RTC; stay of execution

37

Preliminary mandatory injunction issued by RTC on appeal

Immediate execution of judgment on appeal to CA or SC
Rule 70
Sy Oh v. Garcia, G.R. Nos. L-29328 and L-29589, June 30, 1969
Maddammu v. Judge of Municipal Court of Manila, G.R. No. 48940, June 22,
1943
Cebu Autometic Motors, Inc. v. General Milling Corp., G.R. No. 151168, August
25, 2010
Columbres v. Madronio, A.M. No. MTJ-02-1461, March 31, 2005
Optimum Development Bank v. Spouses Jovellanos, G.R. No. 189145,
December 4, 2013
Ferrer v. Rabaca, A.M. No. MTJ-05-1580, October 6, 2010
Republic v. Mangotara, G.R. No. 170375, et al., July 7, 2010
Air Transportation Office v. CA, G.R. No. 173616, June 25, 2014

I. Contempt
Direct contempt; summary punishment; remedy therefrom
Indirect contempt; charge and hearing
Initiated motu proprio by court
Initiated by verified petition
Where charge to be filed
Punishment for indirect contempt
Review
Direct contempt; certiorari or prohibition
Indirect contempt; appeal
Immediate execution of judgment; bond to stay execution
Contempt against quasi-judicial agencies
Rule 71
People v. Godoy, G.R. Nos. 115908 and 115909, March 29, 1995
Lorenzo Shipping Corp. v. Distribution Management Association of the
Philippines, G.R. No. 155849, August 31, 2011
Wicker v. Arcangel, G.R. No. 112869, January 29, 1996
Quinio v. CA, G.R. No. 113867, July 13, 2000
San Luis v. CA, G.R. No. 142649, September 13, 2001

38

XII. OTHER PERTINENT RULES

A. Revised Rule on Summary Procedure
B. Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)
C. Judicial Affidavit Rule

(A.M. No. 12-8-8-SC)

D. Consolidated and Revised Guidelines to Implement the Expanded Coverage of

Court-Annexed Mediation and Judicial Dispute Resolution (A.M. No. 11-1-6-SCPHILJA)
E. Rules on E-filing (A.M. No. 10-3-7-SC)

- END -

39