RULE 1

RULE 3 PARTIES TO CIVIL ACTIONS

Rules of Court

Applicability: all courts, UNLESS otherwise provided

by SC

Cases governed
1. Civil - enforcement/protection of a right; prevention
or redress of a wrong
2. Criminal - State prosecutes a persons for an
act/omission punishable by law
3. Special Proceedings - remedy; a party seeks to
establish a status, right or a particular fact

REAL PARTY IN INTEREST (RPII) - who

stands to be benefited or injured by the
judgment
Every action must be prosecuted or defended
in the name of the RPII.
Otherwise, it may be a ground for dismissal for
failure to state of COA.

Representative as parties - Beneficiary (RPII) shall

be included in the title of the case
An agent may sue or be sued without joining the
principal **when the contract involves things
belonging to principal

Spouses ---> sue or be sued jointly, except as provided

by law

N/A - NICOLE
Naturalization, Insolvency, Cadastral, Other cases not
herein provided; Land Registration,
Election cases

Commencement of Action - by filing of the original

complaint + payment of docket fees (Cases)

Construction - liberal (objective: just, speedy,

inexpensive disposition)
ORDINARY CIVIL ACTIONS (OCA)

RULE 2 - CAUSE OF ACTION (COA)

the act/omission by w/c a party violates a right of another

Every OCA must be based on a COA.

One suit for a single COA

Splitting of a single COA ----> ground for the

dismissal of the others (litis pendentia or res judicata)

Joinder of COA --- in the alternative or otherwise

Conditions:
1. Rules on joinder of parties
2. Not include special civil actions or by special rules
*partition and rescission cannot be joined (partition is
a SCA) - Baylon vs Baylon
3. Where the COA are bet. the SAME PARTIES but
pertain to DIFFERENT VENUES or
JURISDICTIONS, joinder may be allowed in the
RTC, provided one of the COA falls within the
jurisdiction of said court and the venue lies therein
4. If all COA are principally for recovery of money
----> aggregate amount claimed shall be the test of
JD.

PERMISSIVE JOINDER OF PARTIES (jointly,

severally or in the alternative)
1. Any right to relief in respect to or arising out of the
same transaction or series of transaction
2. Any question of law or fact common to all such
plaintiffs or defendants
Compulsory joinder of INDISPENSABLE PARTY (one
whom no final determination can be had)
NECESSARY PARTY - not indispensable but who ought to
be joined if complete relief is to be accorded
NON-JOINDER ----> the court may order the
inclusion
Failure to comply ----> waiver, w/o prejudice to
the rights of such NP

Misjoinder of COA --- NOT a ground for dismissal

*SEVERANCE on motion or motu propio

Only natural, juridical and entities authorized by

law

Unwilling co-plaintiff - as defendant

MISJOINDER AND NONJOINDER OF PARTIES NOT a ground for dismissal of the action
Parties may be dropped or added by order of the
court (on motion or motu propio) at any stage
Severance of the claim

CLASS SUIT - subject matter: common or general

interest; numerous that it is impracticable to join all;
RIGHT TO INTERVENE

ALTERNATIVE DEFENDANTS - plaintiff is

uncertain who of several defendants he is entitled to
relief
Unknown identity or name of defendant --->

amendment
Entity w/o juridical personality AS DEFENDANT/s
---> under the name they are generally or commonly
known
DEATH OF PARTY (pending action & claim not
extinguished)
Duty of the counsel: 1. To inform the court; 2. To
give the name and addresses of legal
representatives -- 30days after such death of the
fact thereof
Court shall order said LP to appear (substitution)
- 30days from notice
if no LP is named or LP fails to appear ---> court
shall order the opposing party to procure the
appointment of an executor or administrator
PUBLIC OFFICER (death or separation)
In official capacity and during the pendency
The action may be continued by or against the
successor - 30days after S takes office or such
other time as granted by the court
There is substantial need for continuing or
maintaining the action
The successor adopts or continues or
threatens to adopt or continue the action
Incompetency or incapacity - upon motion with notice
Assisted by his guardian or GAL

TRANSFER OF INTEREST
The action may be continued by or against the
ORIGINAL PARTY, unless the court upon motion directs
the transferee to be substituted or joined with the original
party

RULE 4 VENUE OF ACTION

REAL ACTION - where property is situated

Focible entry or unlawful detainer - MTC where
property is situated

PERSONAL ACTION - where P resides or D resides

or where a NRD may be found (option of P)

Against NON-RESIDENTS (DEFENDANTS) -- Action affects personal status of P, or

Action affects any property of D in the PH
-------> where P resides or where the property is
situated

N/A ---> 1. By specific rule or law

2. By agreement of the parties as to EXCLUSIVE
VENUE
- in writing
- before the filing of the action

RULE 5 UNIFORM PROCEDURE IN TRIAL

COURTS
Exceptions: 1. Where a particular provision expressly or
impliedly applies only to either of the said courts
2. Civil cases governed by the Rules on Summary
Procedure

CONTRACTUAL MONEY CLAIMS

D dies before entry of final judgment ---> NO
DISMISSAL ---> claims against the estate

INDIGENT PARTY - upon an exparte application and

hearing
Adverse party may contest it before judgment is
rendered
If after hearing, the court determines that the
person has sufficient income/property ---> the
proper docket fee and other lawful fees shall be
assessed and collected by the trial court ----> if no
payment is made, execution shall issue

NOTICE TO SOLGEN
Action involving the validity of any treaty, law,
ordinance, EO, PD or RR
Courts discretion

PROCEDURES IN RTC
RULE 6: KINDS OF PLEADINGS

PLEADINGS - written statements or respective claims

or defenses
Claims ----> complaint, counterclaim, crossclaim, 3rd (or 4th etc)-party complaint, or
complain-in-intervention
Defenses ---> answer

COMPLAINT ----> alleging Ps COA

ANSWER ---> D set forth his defenses
DEFENSES -- Negative ---> specific denial of the material fact/s
alleged in the pleading
Affirmative ----> allegation of new matter,
which while hypothetically admitting the
material allegations in the pleading of the P,
would nevertheless bar recovery

COUNTERCLAIM
opposing party

- claim of D against an

COMPULSORY COUNTERCLAIM1. Arising out of or is connected with the

transaction or occurrence constituting the subject
matter of the opposing partys claim; and
2. Does not require for its adjudication the
presence of 3rd parties whom the
court
cannot acquire jurisdiction
3. The counterclaim must be within the JD of the
court both as to the amount and the nature thereof
EXCEPT: in an original action before the
RTC, the CC may be considered compulsory
regardless of the amount.

Every pleading must be signed by the party or

counsel representing him, stating in either case
his address which should not be a post-office box.

Signature of COUNSEL - certificate by him that:

1. He has read the pleading
2. To the BEST of his knowledge, information
and belief that there is a good ground to support it
3. It is not to interposed for delay

CROSS-CLAIM - claim by one party against a coparty arising out of the transaction or occurrence that
is the subject matter either the original action or of a
counterclaim therein.

REPLY - to deny or allege facts in denial or

avoidance of new matters alleged by way of defense
in the answer
If no reply was filed ----> all the new matters
alleged in the answer are deemed controverted.
If P wishes to interpose any claims arising
out of the new matters so alleged ----->
amended or supplemental complaint

THIRD-PARTY COMPLAINT - with leave of court

a defending party may file against a person not a
party to the action for contribution, indemnity,
subrogation etc.
ANSWER ----> Sec 13

BRINGING NEW PARTIES -- for the granting of

complete relief
-----> the court shall ORDER them to be brought as
DEFENDANTS if JD of over them can be obtained
RULE 7: PARTS OF PLEADING

CAPTION 1. Name of court

2. Title of the action
3. Docket number, if assigned

THE BODY --- designation, allegations, relief prayed

for, date
a. Paragraphs
b. Headings
c. Relief
d. Date

SIGNATURE AND ADDRESS

UNSIGNED PLEADING - no legal effect

DISCRETION of the court to allow such
deficiency to be REMEDIED:
DUE to mere inadvertence and not intended
for delay

VERIFICATION -if specifically required by law or

rule
By an AFFIDAVIT:
The affiant has read the pleading; and
the allegations therein are true and correct of
his PERSONAL knowledge or based on
AUTHENTIC RECORDS.
If a pleading required to be verified
lacks proper verification ---->
UNSIGNED PLEADING

CERTIFICATION AGAINST FORUM

SHOPPING
Plaintiff or PRINCIPAL PARTY - (MarcosAraneta Case)
In the complaint or other INITIATORY
PLEADING (simultaneously filed)
Certify under oath that: (undertakings)
A. He has not therefore commenced any action
or filed any claim involving the SAME ISSUES
in any COURT, TRIBUNAL, or QUASIJUDICIAL agency; and to the best of his
knowledge, no such other action or claim is
pending therein;
B. If there is such other pending action or claim, a
COMPLETE STATEMENT of the present status
thereof; and
C. If he should thereafter learn that the same or
similar action or claim has been filed or is
pending, he shall REPORT that fact within 5days
therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed
FAILURE TO COMPLY ----> not curable
by mere amendment
-----> a ground for dismissal WITHOUT
PREJUDICE, unless otherwise provided, upon
motion and after hearing.

FALSE CERTIFICATION or NONCOMPLIANCE with UNDERTAKINGS----> indirect contempt w/o prejudice to

administrative or criminal actions
WILLFUL AND DELIBERATE FORUM
SHOPPING ----> ground for SUMMARY
DISMISSAL W/ PREJUDICE and shall
constitute DIRECT CONTEMPT, as well
as a cause for admin sanctions.

RULE 8: MANNER OF MAKING ALLEGATIONS

Every pleading must contain in a methodical and

logical form, a plain, concise and direct statements of
ULTIMATE FACTS on which a party pleading relies
for his claims/defenses, xxx, OMITTING the statement
of MERE EVIDENTIARY FACTS.
Defense based on LAW ---> the pertinent
provisions + applicability

ALTERNATIVE CAUSES OF ACTIONS OR

DEFENSES
A party may set forth two or more statements of a
claim or defenses ALTERNATIVELY or
HYPOTHETICALLY, either in one COA or
defense or in separate causes of action or
defenses.
If made in the ALTERNATIVE and one of
them if made independently would be
sufficient ----> THE PLEADING IS NOT
MADE INSUFFICIENT by the
insufficiency of one or more of the
alternative statements

AVERMENTS:
CONDITIONS PRECEDENT - GENERAL
AVERMENT
CAPACITY/AUTHORITY/LEGAL EXISTENCE
of a partyFacts showing capacity xxx must be averred.
A party desiring to raise an issue as to legal existence
or capacity ---> SPECIFIC
DENIAL which include
such supporting particulars
Fraud or mistake - must be stated with
PARTICULARITY
Malice, intent, knowledge or other condition of the
mind of a person ---> GENERAL AVERMENT
Judgment ---> it is sufficient to aver the judgment or
decision w/o setting forth the matter showing JD to
render it.
Official document or act ---> sufficient to aver that
the document was issued or the act done in compliance
with law

ACTIONABLE DOCUMENT (action or defense

based on document)
The SUBSTANCE of such document shall be set
forth in the pleading and the original or a copy thereof
shall be ATTACHED to the pleading as an EXHIBIT,
which shall be deemed to be a PART of the pleading;
or
Said copy may with like effect be set forth in the
pleading
EFFECT: the GENUINENESS and DUE
EXECUTION of the instrument shall be DEEMED
ADMITTED
UNLESS the adverse party, UNDER
OATH, SPECIFICALLY DENIES them,
and sets forth what he claims to be the
facts
Under oath does not apply:
1. when the adverse party does not
appear to be a party to the
instrument; OR
2. When compliance with an order
for an inspection of the original
document is refused.

SPECIFIC DENIAL Specify EACH MATERIAL allegation of fact the

truth which he does not admit; and
Shall SET FORTH the SUBSTANCE of the
matters upon w/c he relies to support his denial
Where a D is WITHOUT KNOWLEDGE or
information sufficient to form a belief as
to the truth of
a MATERIAL AVERMENT, he shall so state and this shall
have the effect of a DENIAL.

MATERIAL averment (other than those as to the

amount of UNLIQUIDATED DAMAGES) in the
complaint shall be DEEMED ADMITTED when
NOT SPECIFICALLY DENIED.
USURY (recovery of usurious interest)
DEEMED ADMITTED, if not denied UNDER
OATH.

Striking out of pleading or matter contained

therein
Upon motion made by a party BEFORE
RESPONDING TO A PLEADING; or
(if no responsive pleading is permitted) upon
motion made by a party WITHIN 20DAYS
AFTER THE SERVICE OF THE PLEADING
UPON HIM
Upon COURTS INITIATIVE

RULE 9: EFFECT OF FAILURE TO PLEAD

collusion
Defenses and objections NOT PLEADED either in a
MOTION TO DISMISS or in the ANSWER are
DEEMED WAIVED
Exceptions:
1. NO JURISDICTION ---> when it appears from the
pleadings or the evidence on record
2. Litis pendentia
3. Res judicata
4. Barred by statute of limitation (prescription)

A compulsory counterclaim or a cross-claim, NOT

SET UP shall be BARRED.

DEFAULT (failure of the defending party to answer

within the time allowed therefor)
Upon motion with notice to the defending party
Proof of such failure
--------------> the court shall DECLARE him IN DEFAULT.
-----------> the court shall PROCEED TO
RENDER JUDGMENT granting the claimant
such relief as his pleading may warrant,
UNLESS the court, in its discretion, requires
claimant TO SUBMIT EVIDENCE.

A. EFFECT OF ORDER OF DEFAULT

---> D shall be entitled to notice of subsequent
proceedings but NOT TO TAKE PART IN THE
TRIAL
B. RELIEF FROM ORDER OF DEFAULT
---> D may at ANYTIME AFTER NOTICE
(order of default) and BEFORE JUDGMENT
file a
MOTION UNDER OATH to set aside the order
1. Due to FAME
2. He has a meritorious defense
C. EFFECT OF PARTIAL DEFAULT (a claim states a
common COA against several Ds; some
answered,
others do not)
----> the court shall TRY the case AGAINST
ALL upon the answers filed and render judgment upon
the evidence presented.
D. EXTENT OF RELIEF TO BE AWARDED
----> not exceed the amount or be different in
kind from that prayed for, nor award unliquidated
damages
E. WHERE NO DEFAULTS ALLOWED
---- action for annulment
---- declaration of nullity marriage
---- legal separation
------> the court shall ORDER the
prosecuting attorney to investigate for any

RULE 10: AMENDED AND SUPPLEMENTAL

PLEADINGS
AMENDMENTS
By adding or striking out an allegation or the name of
any party
By correcting a mistake in the name of a party, or a
mistaken or inadequate allegation or description in any
other respect
A. AS A MATTER OF RIGHT
----> anytime BEFORE a RESPONSIVE pleading is
SERVED; or
-----> in case of a REPLY, anytime WITHIN 10DAYS
AFTER it is SERVED.
B. BY LEAVE OF COURT ----> Substantial amendments
1. Upon motion
2. After notice to the adverse party
3. Opportunity to be heard
Refusal: if it appears that the motion was made with
intent to delay
FORMAL AMENDMENTS (on motion or motu propio)
----> may be SUMMARILY CORRECTED by the court AT
ANY STAGE
**defect in the designation of the parties
**other clerical or typographical errors
PROVIDED, no prejudice is caused thereby to the adverse
party
AMENDMENT to CONFORM TO or AUTHORIZE
PRESENTATION OF EVIDENCE
**when issues NOT RAISED by the pleadings ARE
TRIED with the express or implied CONSENT of the
parties -----> as if they had been raised in the pleadings
-----> amendment upon motion at any time, even after
judgment
FAILURE TO AMEND ----> does not affect the trial
IF OBJECTED that the evidence is not within the issues in
the pleadings ----> the court may ALLOW AMENDMENT
(substantial justice)
SUPPLEMENTAL PLEADINGS --- setting forth
transactions, occurrences or events which have happened
since the date of pleading sought to be supplemented
Procedural: 1. Upon motion
2. Reasonable notice
3. Such terms as are just
The adverse party may plead thereto WITHIN 10DAYS
FROM NOTICE of the order admitting the supplemental
pleading

A new copy of the entire pleading, incorporating the

amendments, which shall be indicated by appropriate
marks, shall be filed.
An amended pleading SUPERSEDES the pleading that
it amends.
Admissions in superseded pleadings MAY BE
RECEIVED IN EVIDENCE against the pleader
Claims or defenses NOT INCORPORATED in the
amended pleading ---> waived

RULE 11: WHEN TO FILE RESPONSIVE PLEADING

ANSWER
--- to the COMPLAINT:
---> 15days after service of summons, unless a
different period is fixed by the court
If defendant is a foreign private juridical entity --->
30days after receipt of summons
---- to AMENDED COMPLAINT
**as a matter of right -----> 15days after being served
with a copy thereof
**not a matter of right-----> 10days from notice of
ORDER admitting the same
An answer earlier filed may serve as the answer to
the amended complaint if no new answer is
filed.
*the rule shall also apply to the answer to an amended
counterclaim, amended cross-claim,
amended TPC, and
amended CII
---- to COUNTERCLAIM OR CROSS-CLAIM
----> 10days from service
---- to THIRD-PARTY COMPLAINT
----> 15days after service of summons, unless a
different period is fixed by the court
**REPLY - may be filed within 10days from service
of the pleading responded to
--- to SUPPLEMENTAL COMPLAINT
----> 10days from notice of the order, unless a
different period is fixed by the court
**An answer earlier filed may serve as the answer to
the supplemental complaint if no new or supplemental
answer is filed.
Compulsory counterclaim or cross-claim
EXISTING: A compulsory counterclaim or crossclaim that D has at the time he filed his answer
shall contained therein.
ARISING AFTER ANSWER: may be presented
as a compulsory counterclaim or cross-claim BY
SUPPLEMENTAL PLEADING before

judgment, with the permission of the court

OMITTED: through oversight, inadvertence, or
excusable neglect or when justice requires
----> he may set up the counterclaim or crossclaim BY AMENDMENT before judgment,
with leave of court

EXTENSION
----> upon motion
----> such terms as may be just
the court may also, upon like terms, allow an answer
or other pleading to be filed after the time fixed by these
Rules.

RULE 12: BILL OF PARTICULARS

**BEFORE RESPONDING TO A PLEADING
--- any matter which is not averred with sufficient
definiteness or particularity
**if the pleading is a REPLY ----> motion within 10days
from service thereof
Action by the court: either
1. Deny or grant it outright, or
2. Allow the parties the opportunity to be heard
Compliance with order ----> 10days from notice,
unless a different period is fixed by the court
BOP may be filed either in a separate or in an amended
pleading, serving a copy thereof on the adverse party

Non-compliance or insufficiency
----> the court may ORDER the STRIKING OUT of the
pleading or the portions thereof; or
----> the court may make such other order as it deems just
STAY OF PERIOD TO FILE RESPONSIVE
PLEADING
**after service of BOP or after denial of his motion
----> the period to which he was entitled at the time of
filing his motion, which shall not be less than 5days

Bill a part of the pleading

RULE 13 FILING AND SERVICE OF PLEADINGS,

JUDGMENTS AND OTHER PAPERS

FILING is the act of PRESENTING the pleading or

other paper to the clerk of court.

MANNER OF FILING
1. Personally to the clerk of court
the COC shall endorse on the pleading the date and
hour of filing

2. By registered mail
DATE OF FILING: the date of the mailing, as shown
by the post-office stamp on the envelope or the registry
receipt
Papers required to be filed and served -- every judgment,
order, pleading subsequent to the complaint, written
motion, notice, appearance, demand, offer of judgment or
similar papers
PROOF FILING
1. By its existence in the record of the case
2. By the written or stamped acknowledgment of its
filing by the Clerk
**if by registered mail ---> by the registry receipt AND by
the affidavit of the person who did the mailing

SERVICE is the act of PROVIDING a party with a

copy of the pleading or paper concerned

MODES OF SERVICE:
1. Personally
2. By mail
A. PERSONAL SERVICE
--By delivering personally a copy to the party or his
counsel; or
--By leaving it in his office with his clerk or with a
person having charge thereof.
--By leaving the copy, between 8am-6pm, at the partys
or counsels residence (last resort)
B. SERVICE BY MAIL
----> by registered mail:
**by depositing the copy in the post office,
in a sealed envelope, plainly addressed to the
party or his counsel at his office or residence
**with postage fully-prepaid and with
INSTRUCTIONS to return the mail to the
sender after 10days if undelivered
----> by ordinary mail: only if no registry mail is
available
C. SUBSTITUTED SERVICE
**if the 2 modes of services cannot be made,
**office and place of residence being unknown
----> by delivering the copy to the Clerk, with proof
of failure of both personal and by mail
(Service is complete at the time of such delivery)
SERVICE OF FINAL JUDGMENTS, FINAL ORDERS
OR RESOLUTIONS
---> personally
---> by registered mail
**when a party summoned by publication has failed to

appear ----> service by PUBLICATION at the expense of

the prevailing party
COMPLETENESS OF SERVICE
**personal service
---> actual delivery
**by ordinary mail
---> upon the expiration of
10days after mailing, unless the court otherwise
provides
**by registered mail
---> upon actual receipt by the
addressee, OR
---> after 5days from the date he
received the first notice of the
postmaster
**whichever is earlier
PRIORITIES IN MODES OF SERVICE AND FILING
1. Personal service
2. Other modes --- must be accompanied by a written
explanation why the service or filing was not done
personally
**violation: may be CAUSE to consider the paper NOT
FILED!
PROOF SERVICE
1. Written admission of the party served; or
2. The official return of the server; or
3. The affidavit of the party serving, containing a full
statement of the date, place, manner of service.
**if by ordinary mail ---> affidavit of the person mailing
of facts showing compliance with the rules on service by
mail
**if by registered mail ---> affidavit AND the registry
receipt issued by the mailing office
---> the registry return card shall be filed
immediately upon its receipt, OR, in lieu thereof, the
unclaimed letter together with the certified or sworn
copy of the notice given by the postmaster
NOTICE OF LIS PENDENS
- real action
- affirmative relief is claimed in the answer
-------> RECORD in the office of the REGISTRY OF
DEEDS of the province where the property is situated a
NOTICE OF THE PENDENCY of the action
Only from such time shall a purchaser or encumbrancer of
the property affected, be deemed to have a constructive
notice of the pendency of action xxx.
**CANCELLATION of notice
1. only upon order of the court
2. After proper showing that the notice is for the
purpose of molesting the adverse party, or that it is not
necessary to protect the rights of the party who caused it to
be recorded.

RULE 14: SUMMONS

Clerk shall issue summons, upon the filing of the

complaint and the payment of fees
CONTENTS
- directed to the defendant
- signed by the Clerk under seal and contain:
a. Name of the court and the name of the parties
b. A direction that defendant answer within the
time fixed by Rules
c. Notice that unless the D answers, P will take
judgment by default and may be granted
relief
prayed for

BY WHOM SERVED:
-- sheriff, his deputy or other proper court officer; or
-- for justifiable reasons, by any suitable person
authorized by court
RETURN
*service has been completed -- within 5days---> server
shall serve a copy of the return - personally or by registered
mail --> to Ps counsel --> return summons to the Clerk
who issued it with proof of service
ALIAS SUMMONS ---> the Clerk, ON DEMAND OF P,
may issue an AS
1. if a summons is returned, without being served on any
or all of the defendants ---> server shall serve a copy of the
return to Ps counsel, stating the reasons for the failure of
service (w/in 5days)
2. If the summons has been lost
MODES OF SERVICE
I. SERVICE IN PERSON ON DEFENDANT
Whenever practicable, the summons shall be served
BY HANDING a copy thereof to the D IN PERSON,
or if he REFUSES to receive and sign for it, BY
TENDERING it to him.
2. SUBSTITUTED SERVICE
*for justifiable cause, the D cannot be served
A. By leaving copies of the summons at the Ds
RESIDENCE with some person of suitable age and
discretion then residing therein; OR
B. By leaving the copies at Ds office or regular place of
business with some competent person in charge thereof.
SERVICE UPON:
I. ENTITY W/O JURIDICAL PERSONALITY
A. upon all the defendants by serving upon ANY ONE of
them ; or
B. Upon the person in charge of the office or place of

business
N/A ----> person whose connection with the entity has,
upon due notice, been severed before the action was
brought
II. PRISONERS
---> upon him by the officer having management of the jail
or institution xxx
III. SERVICE UPON MINORS AND
INCOMPETENTS
---> upon him personally AND on his legal guardian (or a
guardian ad litem)
**minor ---> may be the father or mother
IV. DOMESTIC PRIVATE JURIDICAL ENTITY
(PMG-CTI)
---> on the PRESIDENT, MANAGING PARTER,
GENERAL MANAGER, CORPO SECRETARY,
TREASURER, OR IN-HOUSE COUNSEL
V. FOREIGN PRIVATE JURIDICAL ENTITY (which
has transacted business in the PH)
----> on its resident agent designated by law
----> if no RA, on the Government Official designated by
law; or on any of its officers or agents within the PH
**if NOT REGISTERED or has NO RESIDENT AGENT
(PPFO)
---> with leave of court, be effected out of the PH through
any of the ffg means:
a. By personal service -coursed through the
appropriate court, with the assistance of the DFA
b. By publication -- once in a newspaper of general
circulation in the country where D may be found, AND
by serving a copy of the summons and the court order by
registered mail at the last
known address of D.
c. by facsimile or any recognized electronic means
that could generate proof of service
d. By such other means as the court may in its
discretion direct
VI. PUBLIC CORPORATIONS
Republic ----> SolGen
Province, cities municipalities etc ---> executive head or on
such other officers
VII. DEFENDANT WHOSE IDENTITY OR
WHEREABOUTS ARE UNKNOWN
----> by leave of court
----> BY PUBLICATION in a newspaper of general
circulation and in such places and for such time as the court
may order
EXTRATERRITORIAL SERVICE
**D does not reside and not found in the PH

**action affects personal status of P, or relates to or the

subject of which is, property w/in the PH, in w/c D has
claims or lien or interest, actual or contingent, or in which
the relief demanded consist, in wholly or in part, in
excluding D from any interest therein, or the property of D
has been attached w/in the PH.
----> by LEAVE OF COURT, be effected OUT of the PH:
1. By personal service
2. By publication in a newspaper of GC in such places
and for such time as the court may order,
in w/c case a
copy of the summons and order of the court shall be sent by
registered mail to the last known address of D
3. In any other manner the court may deem sufficient
Order granting such leave shall specify a reasonable time,
which shall not be less than 60 days after notice, within
w/c D must answer.
RESIDENTS TEMPORARILY OUT OF THE PH
**D ordinarily resides within the PH, but who is
temporarily out of it
-----> service may, by LEAVE OF COURT, be effected out
of the PH
LEAVE OF COURT, how made?
1. By motion in writing
2. Supported by affidavit of P or some person in his behalf
3. Setting forth the grounds for the application
PROOF OF SERVICE
--- in writing by the server (return), and
shall set forth the MANNER, PLACE, and DATE
of service;
Shall specify ANY PAPERS w/c have been
served with the process and the NAME of the
person who received the same; and
Shall be SWORN to when made by a person
other than a sheriff or his deputy
PROOF OF SERVICE BY PUBLICATION
---by the affidavit of the printer, his foreman or principal
clerk, or of the editor, business or advertising manager;
and
**a copy of the publication shall be attached
----by an affidavit showing the deposit of a copy of the
summons and order for publication in the post office,
postage prepaid, directed to D by registered mail to his last
known address.
VOLUNTARY APPEARANCE ---- equivalent to service
of summons
The inclusion in a MD of OTHER GROUNDS aside from
lack of JD over the person of the defendant shall NOT be a
deemed a voluntary appearance.
RULE 15: MOTIONS

**APPLICATION FOR RELIEF

Must be IN WRITING
Except:
1. Those made in open court
2. In the course of hearing or trial

CONTENTS
1. Relief
2. Grounds
3. And if required, with supporting affidavits and other
papers

HEARING ---> every WRITTEN motion shall be set FOR

HEARING by the applicant
Except: those which the court may act upon without
prejudicing the rights of the adverse party
----> notice of hearing to adverse party (receipt) at least
3days before the date of hearing, unless the court for
good cause sets the hearing on shorter notice
NOTICE OF HEARING
-- must be addressed to ALL parties concerned
--- must SPECIFY the TIME and DATE of the hearing
--- not later than 10days after the filing of the motion

NO written motion set for hearing shall be acted upon

by the court without proof of service thereof
All motions shall be SCHEDULED for hearing on
FRIDAY AFTERNOONS, or if friday is a nonworking day, in the afternoon of the next working day
**Except: motions requiring immediate actions

OMNIBUS MOTION: A motion attacking a pleading,

order, judgment, or proceeding shall include all
objections then available, and all objections not so
included shall be DEEMED WAIVED.
EXCEPTIONS: Sec 1, Rule 9
1. No jurisdiction over the subject matter
2. Litis pendentia
3. Res judicata
4. Prescription

A motion for leave to file a pleading or motion shall

be accompanied by the pleading or motion sought to
be admitted
FORM: rules applicable to pleading

RULE 16: MOTION TO DISMISS

**within the time for BUT BEFORE FILING THE
ANSWER to the complaint or pleading asserting a claim

GROUNDS:
1. No jurisdiction over the person
2. No jurisdiction over the subject matter of the claim
3. Improper venue
4. No legal capacity to sue
5. Litis pendentia
6. Res judicata or prescription
7. The pleading states NO cause of action
8. Claim/demand has been paid, waived, abandoned or
otherwise EXTINGUSIHED.
9. Claim is UNENFORCEABLE under statute of frauds
10. Non-compliance with a condition precedent

Any of the grounds may be pleaded as an

AFFIRMATIVE DEFENSE in the answer, if no MD is
filed
At the courts discretion, a PRELIMINARY
HEARING may be had thereon, AS IF A MOTION TO
DIMISS has been filed.

HEARING
The parties shall submit their arguments on the
QUESTIONS OF LAW
And their evidence on the QUESTIONS OF FACT
Except: those not available at that time
The evidence presented shall automatically be part of
the evidence of the party presenting the same at the trial
RESOLUTION ----- shall state clearly and distinctly the
reasons therefor
The court may:
1. Dismiss the action
2. Deny the motion
3. Order the amendment of the pleading
**the court shall NOT DEFER the resolution of the motion
for the reason that the ground relied upon is not
indubitable.
Denial of motion----> movant shall file his answer
within the balance of the period to which he was
entitled at the time of serving his motion
**not less than 5days, computed from receipt of the
notice of the denial

An order granting a motion to dismiss based on:

a) Res judicata or prescription
b) Claim/demand has been paid, waived, abandoned
or otherwise EXTINGUISHED.
c) Claim is UNENFORCEABLE under statute of
frauds
------> shall bar the REFILING of the same action
or claim
**subject to the RIGHT OF APPEAL

RULE 17: DISMISSAL OF ACTIONS

A. UPON NOTICE by plaintiff (voluntary dismissal)
---> by filing a NOTICE OF DISMISSAL at anytime
before service of the answer OR of a motion for
summary judgment (or if there is none, before the
introduction of evidence at the trial or hearing)
----> court shall issue an ORDER CONFIRMING
the dismissal
**the dismissal is WITHOUT PREJUDICE
----unless otherwise stated in the notice
----except that a notice operates as adjudication
upon the merits when filed by a P who has one
dismissed in a competent court an action based on or
including the SAME claim
B. UPON MOTION of plaintiff
1. with approval of the court
2. Upon such terms and conditions as the court deems
proper
**if a COUNTERCLAIM has been pleaded by a D prior to
the service upon him of Ps motion for dismissal, the
dismissal shall be limited to the complaint
**the dismissal shall be WITHOUT PREJUDICE to the
right of D to prosecute his CC in a SEPARATE ACTION,
unless w/in 15days from notice of the motion he manifest
his CC resolved in the SAME action.
**the dismissal is WITHOUT PREJUDICE
----unless otherwise specified in the order

Order of amendment ----> D shall file his answer

15days after being served of the amended pleading,
unless the court provides a longer period.

the DISMISSAL of the complaint shall be WITHOUT

PREJUDICE to the prosecution in the same or
separate action of a COUNTERCLAIM pleaded in the
answer.

C. DUE TO FAULT of plaintiff -----> upon motion of the

D or upon courts own motion
--- no justifiable cause, P fails to appear on the date of
presentation of evidence
---- fails to prosecute his action for unreasonable length of
time
---- fails to comply with these Rules or any order of the
Court
**WITHOUT PREJUDICE to the right of D to prosecute
his CC in the SAME or SEPARATE action.
**the dismissal shall have the effect of ADJUDICATION
UPON THE MERITS, unless otherwise declared by the
court

 The rules shall apply to the dismissal of any

counterclaim, cross-claim, or a third-party
complaint.

e. Manifestation to avail discovery procedures or referral to

a commissioners
f. Number and names of witnesses

RULE 18: PRE TRIAL

**Failure to file PT brief shall have the same effect as

failure to appear at the pre-trial.

** AFTER THE PLEADING HAS BEEN SERVED AND

FILED
-----> duty of P to promptly MOVE EXPARTE that the
case be set for pre-trial
**MANDATORY
The court shall consider:
a. Possibility of amicable settlemet or ADR
b. Simplification of issues
c. Amendments
d. Admission of facts or stipulations and of documents
e. Limitation as to number of witnesses
f. Preliminary reference to a commissioner
g. Rendering judgment on the pleadings or summary
judgment or of dismissing the action should a valid ground
therefor be found to exist
h. Suspension
i. Other matters for prompt disposition of the case
NOTICE
----> be served on counsel OR on the party who has no
counsel.
NON-APPEARANCE---> may be excused only if
1. Valid cause is shown
2. If a representative shall appear in his behalf fully
authorized in writing (SPA):
a) to enter into an amicable settlement
b) To submit to alternative modes of dispute
resolution (ADR)
c) To enter into stipulations or admissions of facts
and of documents
FAILURE TO APPEAR
P ----> cause for dismissal of the action
**dismissal with prejudice, unless otherwise provided
by the court
D -----> cause to allow P to present his evidence ex parte
and the court to render judgment on the basis thereof.
PRE-TRIAL BRIEF
Receipt at least 3days before the date of PT
a. Statement of willing to enter into an amicable settlement
or ADR
b. Summary of admitted facts and proposed stipulation of
facts
c. Issues
d. Documents or exhibits

RECORD OF PRE-TRIAL
Upon termination of PT
----> the court shall issue an ORDER which shall recite in
detail:
1. The matters taken up in the conference
2. The action taken thereon
3. The amendments allowed to the pleadings
4. The agreements or admissions made by the parties as to
any of the matters considered
The action proceed to trial
----> the ORDER shall explicitly define and limit the
ISSUES to be tried
The contents of the order shall CONTROL the subsequent
course of the action, unless modified before trial to
prevent manifest injustice
RULE 19: INTERVENTION
Who may intervene?
--- a person who has a LEGAL INTEREST:
in the matter of litigation, or in the success of either of
the parties, or an interest against both; OR
is so situated as to be adversely affected by a
distribution or other disposition of property in the
custody of the court or of an officer thereof
How? By motion with leave of court
A copy of the pleading-in-intervention shall be
ATTACHED to the motion and SERVED on the original
parties
The court shall consider:
WON the intervention will unduly delay or prejudice
the adjudication of the rights of the original parties;
and
WON the intervenors right may be fully protected in a
separate proceeding
Time to intervene
-----> at anytime BEFORE the RENDITION OF
JUDGMENT by the trial court
Complaint-in-intervention ----> if he asserts a CLAIM
against either or all of the original parties
**answer---> 15days from NOTICE of the order
admitting the same (from service of summons)
Unless a different period is fixed by the
court

Answer-in-intervention ----> if he unites with the

DEFENDING party in resisting a claim against the latter
RULE 20: CALENDAR OF CASES
**Clerk shall keep calendar of cases for pre-trial, for trial,
those whose trial were adjourned or postponed, and those
with motions to set for hearing
Preference ----> habeas corpus cases, election cases, special
civil actions and those required by law
ASSIGNMENT OF CASES ----> exclusively BY
RAFFLE
**in OPEN session of which adequate NOTICE shall be
given to the interested parties
RULE 21 SUBPOENA
Subpoena --> process directed to a PERSON requiring him
to ATTEND and to TESTIFY at the hearing or the trial, or
at any investigation conducted by competent authority, or
taking of his deposition
Subpoena duces tecum ---> process directed to a PERSON
requiring him to BRING with him ANY BOOKS,
DOCUMENTS, or other things under his control.
The subpoena may be issued by:
The COURT before whom the witness is
required to attend
The COURT of the place where the deposition is
to be taken
The OFFICER or body authorized by law to do
so
Any JUSTICE of the SC or of CA in any case or
investigation pending w/in the PH

---- to a PRISONER
**The judge or officer shall examine and study carefully
such application to determine if there is a valid purpose
Prisoners sentenced to death, reclusion perpetua
or life imprisonment ----> must be authorized by
the SUPREME COURT
FORM AND CONTENTS
1. State the name of the court and the title of the action or
investigation
2. Directed to the person whose attendance is required
3. In case of subpoena duces tecum, it shall contain a
reasonable description of the books, documents or things
demanded which must appear to the court prima facie
relevant

QUASHING A SUBPOENA ---> upon motion promptly

made, and in any event, BEFORE THE TIME SPECIFIED
THEREIN
Subpoena duces tecum ----> grounds:
1. Unreasonable and oppressive
2. The relevancy of the books, documents or
things does not appear
3. If the person in whose behalf the subpoena is
issued fails to advance the reasonable cost of the
production thereof.
4. The witness fees and kilometrage allowed by
the Rules were not tendered when the subpoena was
served

Subpoena ad testificandum ----> grounds:

1. when the witness is not bound thereby
2. The witness fees and kilometrage allowed by
the Rules were not tendered when the
subpoena
was served

SUBPOENA FOR DEPOSITIONS

Proof service of a notice to take deposition shall
constitute sufficient authorization for the issuance of
subpoenas for the person named in said notice by the Clerk
of the place in w/c the deposition is to be taken
Subpoena duces tecum ---> the clerk shall not
issue without an order of the court
SERVICE
Same manner as personal or substituted service of
summons
the original shall be EXHIBITED and copy thereof
DELIVERED to the person on whom it is served,
TENDERING to him the fees for one days
attendance and the kilometrage xxx
**except, subpoena issued by the Republic, or an
officer or agency thereof ---> tender need not be made
PERSONAL APPEARANCE
A person present in court before a judicial officer may be
required to testify as if he were in attendance upon a
subpoena issued by such court or officer.
FAILURE TO APPEAR
A. COMPELLING ATTENDANCE
The court may issue a WARRANT TO ARREST the
witness and bring him before the court of officer
------ where the witness attendance is required and he
failed to attend
--- upon proof of the service thereof and of the failure of the
witness
--- to the sheriff of the province or his deputy
--- the cost of the warrant and seizure shall be paid by the

witness if the court shall determine that his failure to

answer was willful and without just excuse
B. CONTEMPT
Failure by any person WITHOUT ADEQUATE CAUSE
TO OBEY a subpoena served upon him shall be a contempt
of the court from which the subpoena is issued
If the subpoena was not issued by a court ---> disobedience
shall be punished by applicable law or rule
N/A ---> (warrant of arrest and contempt shall not apply)
1. a witness who resides more than 100kms from his
residence to the place where he is to testify by the ordinary
course of travel
2. Detention prisoner if no permission of the court in which
his pending was obtained.
RULE 22: COMPUTATION OF TIME
**the day of the act or event from which the designated
period of the time begins to run is to be EXCLUDED, and
the date of performance INCLUDED
Last day: SATURDAY, SUNDAY, or LEGAL HOLIDAY
----> the time shall not run until the NEXT WORKING
DAY
INTERRUPTION --> the allowable period after the
interruption shall START to run on the day AFTER
NOTICE of the cessation of the cause thereof.
**the day of the act that caused the interruption shall be
EXCLUDED in the computation
RULE 30: TRIAL
NOTICE
Upon entry of a case in the trial calendar
----> clerk shall NOTIFY the parties of the DATE of
its trial
**receipt at least 5days before such date
ADJOURNMENT
Day to day, and to any stated time
But not for a longer period of one month for each
adjournment, nor more than 3months in all
EXCEPT: when authorized in writing by the COURT
ADMINISTRATOR, Supreme Court
POSTPONEMENT of trial
A. Absence of Evidence
By motion on the ground of absence of evidence
Upon an affidavit showing the materiality or relevancy
of such evidence
Due diligence has been used to procure it

BUT, if the adverse party ADMITS THE FACTS to be

given in evidence ----> the trial SHALL NOT BE
POSTPONED even if he objects or reserves the right to
object to their admissibility.
B. Illness of party or counsel
By motion on the ground of illness
It must appear upon the affidavit or sworn certification
that the presence of such party or counsel at the trial is
INDISPENSABLE; and
that the CHARACTER of his illness is such as to
render his non-attendance excuse
ORDER OF TRIAL
**Subject to the provisions of Separate trials and unless
the court for special reasons otherwise directs
the trial shall be limited to the issued stated in the pretrial brief and shall proceed as follows:
1. P adduce evidence
2. D adduce evidence
3. 3rd party D, if any, adduce evidence
4. 4th party and so forth adduce evidence of the material
facts
5. Parties against whom any counterclaim or cross-claim
has been pleaded, shall adduce evidence
6. Parties may then respectively adduce rebutting evidence
only xxx
7. Submitted for decision, or to submit any further
pleadings
If several defendants or 3rd party defendants, and so forth,
having separate defenses appear by different counsel --->
the court shall determine the relative order of presentation
of evid
AGREED STATEMENT OF FACTS - in writing
----> submit the case for decision WITHOUT the
introduction of evidence
If parties agree only on some facts in issue ---> trial shall
be held as to the disputed facts
Any statement of the judge DURING the hearing or trial
shall be made of RECORD in the stenographic notes
With reference to the case, or to any parties,
witnesses or counsel
SUSPENSION --> CIVIL CODE
JUDGE to PERSONALLY receiving the evidence
HOWEVER, the court may DELEGATE the reception
of evidence to its CLERK (who is a member of the bar)
----- in default or ex parte hearings, and
------in any case where the parties agree in

writing
The CLERK shall have NO POWER to rule on
objections to any question or to the admission of
exhibits, which OBJECTIONS shall be resolved BY
THE COURT upon submission of his report and the
transcript within 10days from termination of the
proceedings

RULE 31 CONSOLIDATION FOR SEVERANCE

Actions involving a COMMON question of fact OR

law are pending before the court
The court may ORDER:
A JOINT hearing or trial on any or all
matters in issue in the actions
All the actions CONSOLIDATED; and
Orders concerning proceedings therein as
may tend to avoid unnecessary cost or
delay

SEPARATE TRIALS
the court may ORDER a SEPARATE trial of any claim,
cross-claim, counterclaim, or third-party complaint or of
any separate issue or of any number of claims, cross-claims
etc.
**in furtherance of CONVENIENCE or TO AVOID
PREJUDICE
RULE 32: TRIAL BY COMMISSIONER
COMMISSIONER ---> includes a referee, an auditor and
an examiner
A. by WRITTEN CONSENT of both parties
----> the court may ORDER any or all of the issues in a
case to be referred to a commissioner (to be agreed upon by
the parties or to be appointed by the court
B. By ORDER (upon the application of either or the courts
own motion)
**when the parties do not consent
-----> the court may DIRECT a reference to a commissioner
in the ffg cases:
1. The trial requires examination of a long account xxx
2. The taking of an account is necessary for the
information of the court xxx
3. A question of fact, other than upon the pleadings,
arises upon motion or otherwise, in any
stage of the
case
ORDER OF REFERENCE
Clerk to furnish the commissioner with a copy of the

order
The order
- may SPECIFY or LIMIT the
POWERS of the commissioner;
- may DIRECT him:
a. to report only upon a particular
issues, or
b. To do or perform particular acts,
or
c. To receive and report evidence
only
- may fix the date for beginning and
closing the hearings and for the filing
of his report
Powers of the commissioner:
**subject to the specifications and limitations in the
order
a. To regulate the proceedings in every hearing before
him
b. To do all acts and take all measures necessary or
proper for the efficient performance of his duties under
the order
c. To issue subpoenas and subpoenas duces tecum,
swear witnesses and,
d. unless otherwise provided in the order, to rule upon
the admissibility of evidence
The trial or hearing before him shall proceed in all
respects as it would held before the court

OATH OF COMMISSIONER - before entering upon his

duties
PROCEEDINGS
---> upon receipt of the order of reference and unless
otherwise provided therein
within 10days after the date of the order ----> the
commissioner shall forthwith SET a TIME and PLACE
for the FIRST MEETING of the parties or their counsel
and shall NOTIFY the parties/counsel
FAILURE OF PARTIES TO APPEAR
---> commissioner shall PROCEED EX PARTE, or in his
discretion, ADJOURN the proceedings, giving notice to the
absent party or counsel of the adjournment
REFUSAL OF WITNESS ----> contempt of the court!!
-- to obey a subpoena
-- to give evidence before him

Commissioner shall AVOID DELAYS

Either party, on NOTICE to the parties and the
commissioner, may apply to the court for AN
ORDER requiring the commissioner TO
EXPEDITE THE PROCEEDINGS and to
make his report

REPORT OF THE COMMISSIONER, upon the

completion of the trial or hearing

**In writing
-----> NOTICE to parties (by the clerk)
-----> 10 days to signify any grounds of objections to
the findings
Objections to the report based upon grounds which
were available to the parties during the
proceedings
before the commissioner, other than objections to the
findings and conclusions
therein set forth, SHALL NOT
BE CONSIDERED by the court, unless
they were
made
before the commissioner.
----> after 10days, the report shall be SET FOR
HEARING
----> the court shall issue an ORDER:
a. adopting, modifying, or rejecting the
report in whole or in part; or
b. Recommitting it with instructions; or
c. Requiring the parties to present further
evidence before the commissioner or the
court
When the parties STIPULATE that a
commissioners FINDINGS OF FACT shall be final, only
questions of law shall thereafter be considered.
**Reasonable compensation of the commissioner
RULE 33: DEMURRER TO EVIDENCE
** AFTER P HAS COMPLETED THE
PRESENTATION OF HIS EVIDENCE
---> D may move for the dismissal on the ground that:
Upon the facts and the law the plaintiff has shown no
right to relief.
IF DENIED ----> D shall have the right to present evidence
IF GRANTED but on APPEAL, the order of dismissal was
reversed ----> D shall be deemed to have waive the right
to present evidence
RULE 34: JUDGMENT ON THE PLEADINGS
**ON MOTION
----> where an ANSWER fails to TENDER an issue, or
otherwise
-----> ADMITS the MATERIAL ALLEGATIONS of the
adverse partys pleading

----> anytime AFTER a responsive pleading has been

served, may move with supporting affidavits, depositions
or admissions for a summary judgment in his favor upon
all or any part thereof.
FOR DEFENDING PARTY
---> anytime, may move with supporting affidavits,
depositions or admissions for a summary judgment in his
favor upon all or any part thereof.
MOTION ---> shall be SERVED at least 10days before
the time specified for the hearing
----> adverse party may SERVE opposing affidavits,
depositions or admissions at least 3days before the hearing
**after hearing----> judgment sought shall be rendered
----> if the pleadings, supporting
affidavits, depositions and admissions on
file show that there is no genuine issue as
to any material fact, (except as to the
amount of damages)
----> the moving party is entitled
to a judgment as MATTER OF LAW
CASE NOT FULLY ADJUDICATED ON MOTION
---judgment is not rendered upon the whole case, or for all
the reliefs sought; and
--- a trial is necessary
----> the court...
at the hearing of the motion
by examining the pleadings and evidence and
by interrogating counsel
....shall ascertain
1. what MATERIAL FACTS exist without
substantial controversy; and
2. What are actually and in good faith
controverted
....shall make an ORDER:
a. Specifying the facts that appear without
substantial controversy, including the extent to
w/c the amount of damages or other relief is not
in controversy
b. Directing such other further proceedings in the
actions as are just
the facts so specified shall be deemed established and
the trial shall be conducted on the controverted facts
accordingly

RULE 35: SUMMARY JUDGMENT

AFFIDAVITS and SUPPORTING DOCUMENS --->

PERSONAL KNOWLEDGE
-- shall set forth facts as would be admissible in evidence
--shall show affirmatively that the affiant is competent to
testify to the matters stated therein
-- certified copied of all papers shall be attached

FOR CLAIMANT

AFFIDAVITS IN BAD FAITH ----> or solely for the

**actions for declaration of nullity or annulment of

marriage, or legal separation-----> material facts alleged
in the complaint shall always be proved

purpose of delay
----> the court shall ORDER the offending party or counsel
TO PAY to the other party the amount of the reasonable
expenses which the filing of the affidavits caused him to
incur, including attys fees.
---- it may, after hearing, further adjudge the offending
party or counsel GUILTY OF CONTEMPT

JUDGMENTS against ENTITY W/O JURIDICAL

PERSONALITY
---> the judgment shall SET OUT their INDIVIDUAL or
proper names, if known.
RULE 37: NEW TRIAL OR RECONSIDERATION
**WITHIN THE PERIOD FOR TAKING AN APPEAL

RULE 36: JUDGMENTS, FINAL ORDERS AND

ENTRY THEREOF
A. Judgment or final order determining the merits of the
case
B. In writing
C. Personally and directly prepared by the judge
D. Stating clearly and distinctly the facts and the law on
which it is based
E. Signed by the judge
F. Filed with the Clerk of the court
ENTRY OF JUDGMENTS/ FINAL ORDERS
--- if no appeal or motion for new trial or reconsideration is
filed within the reglementary period
--- entry by the Clerk in the book of entries of judgments
--- the record shall contain the DISPOSITIVE PART and
shall be SIGNED by the CLERK, with a CERTIFICATE
that the such judgment or final order has become final.
The date of FINALITY of the judgment or final order
shall be deemed to be the date of its ENTRY.
JUDGMENTS for or against SEVERAL PARTIES
**when justice so demands
The court may require the parties on each side to FILE
ADVERSARY PLEADINGS as BETWEEN themselves
and determine their ULTIMATE rights and obligations
A. SEVERAL JUDGMENTS -- in an action against
several defendants
---> the court may render judgment against one or more of
them, leaving the action to proceed against the others
B. SEPARATE JUDGMENTS -- where more than one
claim is presented in an action
---> the court, at any stage, upon determination of the
issues MATERIAL to a PARTICULAR claim and all
counterclaims arising out of the transaction or occurrence
which is the subject matter of the claim, may render a
separate judgment disposing of such claim.
**the action shall proceed as to the remaining claims
----> the court by ORDER may STAY ITS
ENFORCEMENT until the rendition of a subsequent
judgment/s xxx

GROUNDS:
A. NEW TRIAL
FAME which ordinary prudence could not have
guarded against and by reason of which such
aggrieved party has probably been impaired his rights
Newly-discovered evidence which he could not, with
reasonable diligence, have discovered and produced
at the trial, and which if presented would probably
alter the result
B. RECONSIDERATION
Damages awarded are excessive
The evidence is INSUFFICIENT to justify the
decision or final order;
The decision or final order is contrary to law
FORMAL REQUIREMENTS
1. The motion shall be in writing
2. Stating the ground/s therefor
3. A written NOTICE shall be served on the adverse party
PROCEDURAL REQUIREMENTS:
A. NEW TRIAL
FAME --> supported by affidavits of merits which
may be rebutted by affidavits
Newly-discovered evidence ---> supported by
affidavits of witnesses or by duly authenticated
documents
B. RECONSIDERATION
---> shall point out specifically the FINDINGS and
CONCLUSIONS of the judgment or final order which are
not supported by evidence or which are contrary to law
making references to the testimonial documentary evidence,
OR to the provisions of law alleged to be contrary to such
findings or conclusions

A pro-forma motion for NT or reconsideration shall

NOT toll the reglementary period of period
MARIKINA VALLEY vs FLOJO

The trial court may:

1. Set aside the judgment or final order and grant a new
trial, upon such terms as may be just

2. Deny the motion

3. Amend such judgment or final order if the court finds
any of the grounds for reconsideration
RESOLUTION OF THE MOTION ---> 30days from the
time it is submitted for resolution

A motion for NT shall include all grounds then

available and those not so included shall be deemed
WAIVED.

SECOND MOTION FOR NEW TRIAL

--- based on a ground not existing nor available when the
first motion was made
--- within the time herein provided excluding the time
during which the first motion had been pending

B. From the denial of appeal - PRAYING THAT THE

APPEAL BE GIVEN DUE COURSE
**when a judgment or final order is rendered by any
court
**a party thereto, by FAME, has been prevented from
taking an appeal
If denial of appeal is set aside ----> the lower court
shall be required to give due course to the appeal, and to
elevate the record of the case AS IF A TIMELY AMD
PROPER APPEAL has
been made

A petition for relief is NOT AVAILABLE as a remedy

against the judgment of the CA. (Mesina vs Meer)

Motion for new trial and petition for relief are

EXCLUSIVE of each other. (Francisco vs Puno)
A petition for certiorari and mandamus BARS a
petition for relief from judgment. (Fajardo vs Bayona)

No party shall be allowed a second motion for

RECONSIDERATION of a judgment or a final order

IF A NEW TRIAL IS GRANTED---> the original

judgment or final order shall be VACATED, and the action
shall stand for TRIAL DE NOVO.
The recorded evidence taken upon the former trial
(material and competent) shall be used at the
new trial
without retaking the same

PARTIAL NEW TRIAL OR RECONSIDERATION

----> the court may ORDER a new trial or GRANT
reconsideration as to such issues affected by the NT/R, if
severable, without interfering with the judgment or final
order upon the rest.
Effect of order for partial new trial
----> the court may either:
1. Enter a judgment or final order as to the rest; or
2. Stay the enforcement of such judgment or final order
until after the new trial
REMEDY AGAINST ORDER DENYING A MOTION
FOR NT/R
---> NOT APPEALABLE
-------> the remedy being an APPEAL FROM THE
JUDGMENT OR FINAL ORDER!
RULE 38: RELIEF FROM JUDGMENTS, ORDERS,
OR OTHER PROCEEDINGS
PETITION FOR RELIEF
A. From judgment order or other proceedings - TO SET
ASIDE
**when a judgment or final order is entered
(finality) or any other proceeding is thereafter
taken ...
Grounds: FAME

Petition must be VERIFIED

FILED within 60days after the petitioner learns of
the judgments, FO or other proceedings to be set
aside, and not more than 6months after such judgment,
FO was entered, or such other proceeding was taken
(non-extendible)
Annulment of judgment for lack of
jurisdiction (void judgment) may be filed even
after the period for the filing of petition for relief from
judgment. (Ang Lam vs Rosillosa)

Must be accompanied with AFFIDAVITS showing

FAME relied upon, and the facts constituting the
petitioners good and substantial cause of action or
defense

ORDER TO FILE AN ANSWER

If the petition is sufficient in form and substance to
justify relief
---> the court shall issue an ORDER requiring the adverse
party to answer WITHIN 15DAYS from receipt thereof
PRELIMINARY INJUCTION - for the preservation of
rights of the parties
upon the filing by the petitioner of the BOND in favor
of the adverse party
Condition: if the petition is DISMISSED or the
petitioner FAILS ON THE TRIAL of the case upon its
merits ---> he will PAY the adverse party all damages
and costs
such injuction shall not operate to discharge or
extinguish any lien which the adverse party may have
acquired upon the property of the petitioner

RULE 39: EXECUTION, SATISFACTION AND

EFFECTS OF JUDGMENTS

shall be finally sustained in whole or in part.

BOND --> may be proceeded against, ON MOTION,
with notice (w/ hearing) to the SURETY.

JFO - judgment or final order

A. EXECUTION UPON JFO --- as a MATTER OF
RIGHT, on motion
When? upon the EXPIRATION OF THE PERIOD
TO APPEAL therefrom, if no appeal has
been duly
perfected
If the appeal has been duly perfected and finally
resolved ---->
a. execution may be applied in the COURT OF
ORIGIN
b. on motion of the judgment obligee
c. submitting certified true copies of JFO and of
the entry thereof
d. with notice to the adverse party
WHEN THE INTEREST OF JUSTICE SO REQUIRES
--->
APPELLATE COURT may DIRECT the court of
origin TO ISSUE writ of execution
B. DISCRETIONARY EXECUTION
Only upon GOOD REASONS to be stated in
a special order after due hearing
1. EXECUTION OF A JFO PENDING APPEAL
ON MOTION with notice to adverse
party
Filed in the trial court while it has
jurisdiction over the case AND is in
possession of either the original record or
the record on appeal at the time of the filing
of the motion
---> the trial court may, in its DISCRETION,
ORDER EXECUTION of a JFO, even before
the expiration of the period to appeal
AFTER THE TC HAS LOST
JURISDICTION ---> the motion may be
filed in the APPELLATE COURT
2. EXECUTION OF SEVERAL, SEPARATE OR
PARTIAL JUDGMENT
---> SAME TERMS AND CONDITIONS with
execution pending appeal
Discretionary execution ISSUED may be STAYED:
----> Upon approval of the court (the court that executed
pending appeal) of the supersedeas BOND filed by the
party against whom it it is directed
**conditioned upon the performance of the
judgment or order allowed to be executed in case
it

JUDGMENTS NOT STAYED BY APPEAL -- immediately

executory, unless otherwise ordered by the trial court
1. Injuction
2. Receivership
3. Accounting
4. Support
5. Such other judgments as are now or may hereafter
declared (ejectment, expropriation)
ON APPEAL ---> the APPELLATE COURT (in its
discretion) may make an ORDER suspending, modifying,
restoring or granting the above-mentioned cases
REVERSAL OF EXECUTED JUDGMENT
---> ON MOTION
---> the court may issue ORDERS of RESTITUTION or
REPARATION of damages
EXECUTION--Of a final and executory judgment or order
1. BY MOTION ---> within 5years from the date of its
entry
2. BY INDEPENDENT ACTION ---> after the lapse of
such time (5yrs), and before it is barred by prescription
Of a revived judgment
1. BY MOTION ---> within 5years from the date of its
entry
2. BY INDEPENDENT ACTION ---> before it is barred
by prescription
EXECUTION in case of DEATH of party
Judgment obligee ---> upon the application of his
executor or administrator, or successor in interest

Judgment Obligor ----> against his executor or

administrator or successor in interest, if the judgment
be for recovery of real or personal property, or the
enforcement of a lien thereon

Judgment Obligor after execution is actually levied

upon any of his property (money judgment) ---> the
property may be sold for the satisfaction of the
obligation

**if there is no levy, the court may not enforce its judgment
---> REMEDY: prosecute the claim against the estate
WRIT OF EXECUTION
Shall ISSUE in the name of the REPUBLIC OF THE
PHILIPPINES
State the name of the court, the case number and title,
the dispositive part of the subject judgment or order

To require the sheriff or other proper officer to enforce

the writ according to its terms
MANNER:
Against the property ---> to satisfy the judgment,
w/ interest out of real/personal property
Aganst the real or personal property in the hands
of personal representatives, heirs etc ---> to
satisfy the judgment, w/ interest
Sale of real or personal property ----> to sell such
property and apply the proceeds thereof
Delivery of the possession of real or personal
property ---> to deliver and to satisfy any cost,
damages, rents or profits out of the personal
property xxx then out of the real property
The writ shall specifically state the amount of
the interest, costs, damages, rents or profits
due as of the date of the issuance xxx

KINDS OF JUDGMENTS:
A. EXECUTION OF JUDGMENTS FOR MONEY
1. Immediate payment on demand
MODE OF PAYMENT: In cash, certified bank
check payable to the judgment obligee, or any
other form acceptable to the latter
Procedure:
DEMAND
Under proper receipt directly to judgment
obligee or authorized representatives, if
present (lawful fees under proper receipt
directly to the sheriff)
If not present, deliver payment to sheriff --->
turn over within the same day to clerk or
deposit to a fiduciary account ----> clerk
shall arrange remittance of the deposit and
deliver payment to the judgment obligee
the excess, if any, shall be delivered back to
the judgment obligee
IN NO CASE SHALL THE EXECUTING
SHERIFF DEMAND THAT ANY
PAYMENT BY CHECK BE MADE
PAYABLE TO HIM!!
2. Satisfaction by levy
if immediate payment on demand cannot be
made
Property of for value and not otherwise exempt
from execution
Judgment obligor has the OPTION to
immediately choose which property or part
thereof may be levied
If obligor does not exercise the option ---->
levy first on PERSONAL properties, then
REAL properties

3. Garnishment of debts and credits -- personal

properties not capable of manual delivery in the
possession and control of third parties
Levy shall be made BY SERVING NOTICE upon
the person owing such debts, or having in his possession
or control such credits
---> within 5days from notice, garnishee shall
make a WRITTEN REPORT to the court stating
WON the judgment obligor has sufficient funds or
credits. If not, the report shall state how much
funds or credits the garnishee holds for the
obligor
----> delivery of garnished amount to the
judgment obligee within 10 working days from
service of notice requiring such delivery
*if there are two or more garnishee, the judgment
OBLIGOR shall have the right to indicate the
garnishee
or ganishees required to deliver payment, otherwise, the
choice shall be made by the obligee.
B. EXECUTION OF JUDGMENTS FOR SPECIFIC
ACT
1. Conveyance, delivery of deeds or other specific
acts;
If the party fails to comply with the order, the
court may DIRECT the act to be done at the cost of
the disobedient party by some other person appointed
by the court, and the act shall
have the effect as if
done by the party.
VESTING OF TITLE in lieu of conveyance (real
or personal property is situated in the PH)
2. SALE of real or personal property
--> to sell and apply the proceeds thereof
3. DELIVERY or RESTITUTION of real property
The officer shall make a demand first to
VACATE the property within 3days, and
restore possession thereof to obligee
Otherwise, the officer shall OUST all such
persons thereform, with assistance of
appropriate peace officers xxx
4. REMOVAL of improvements on property subject
of execution
*improvements constructed or planted by the
Judgment Obligor or his agent
----> the officer shall NOT DESTROY, demolish
or remove
EXCEPT: upon SPECIAL ORDER of the
court, issued UPON MOTION of the judgment
obligee after the HEARING and after the former has

failed to remove the same

within reasonable tom

5. DELIVERY of personal property

---> officer shall take possession of the same and
deliver to the party entitled
C. EXECUTION OF SPECIAL JUDGMENTS
**when a judgment requires the performance of any
act other than those mentioned in the
two (kinds of
judgments)
----> a CERTIFIED COPY of the judgment shall be
ATTACHED to the writ of the execution
-----> served by the officer upon the party against
whom the same is rendered xxx or by law to
obey the
same
-----> such party or person may be PUNISHED for
CONTEMPT if he disobeys judgment
LEVY ON EXECUTION as to THIRD PERSON --> it
creates a LIEN in favor of the judgment obligee over the
right, title and interest of the judgment obligor
PROPERTY EXEMPT FROM EXECUTION: (exclusive
enumeration)
1. Family home
2. Ordinary tools and implements personally used by him in
his trade, employment or livelihood
3. 3 horses/ 3 cows/ 3 carabaos/ other beasts of burden such
as the judgment obligor may select necessarily used by him
in his ordinary occupation
4. Necessary clothing and articles for ordinary use,
excluding jewelry
5. Household furniture and utensils necessary for
housekeeping not exceeding P100T
6. Provisions for individual or family use sufficient for
4months
7. Professional libraries and equipment not exceeding
P300T
8. One fishing boat and accessories not exceeding total
value of P100T
9. Salaries, wages and earnings within 4months preceding
the levy as are necessary for the support of his family
10. Lettered gravestone
11. Monies, benefits, privileges or annuities or in any
manner growing out of any life insurance
12. Right to receive legal support xxx or any support or
gratuity from the Government
13. Properties specially exempted by law
But NO ARTICLE or species of property mentioned shall be
EXEMPT from execution issued upon a judgment
RECOVERED for its price or upon a judgment of
FORECLOSURE of mortgage thereon.
RETURN OF THE WRIT OF EXECUTION

----> immediately after the judgment has been satisfied in

full or in part.
If not satisfied in full within 30days after receipt of the
writ ---> the OFFICER shall REPORT and state the reason
therefor
Periodic reports ---> every 30days
NOTICE OF SALE OF PROPERTY ON EXECUTION
--before the sale, notice must be given

PERISHABLE PROPERTY ---> by posting

WRITTEN notice of the time and place of the sale in 3
public places where the sale is to take place, for such
time as may be reasonable
Written notice shall be given to the judgment
obligor the same manner as personal service of
pleadings and other papers (Sec 6, Rule 13) at
least 3days before the sale

Other PERSONAL PROPERTY ---> by posting

WRITTEN notice of the time and place of the sale in 3
public places where the sale is to take place, for not
less than 5days
written notice shall be given to the judgment
obligor at least 3days before the sale

REAL PROPERTY ----> by posting for 20days in the

3 public places, a written notice particularly
describing the property and stating where the property
is to be sold
If the assessed value exceeds P50T --> by
PUBLISHING a copy of the notice once a week
for 2 consecutive weeks in one newspaper
selected by raffle having general circulation in
the province or city
written notice shall be given to the judgment
obligor at least 3days before the sale
Public place -- preferably in conspicuous areas of
the municipal or city hall, post office and public
market in municipality or city where the sale is to take
place
Time of sale -- not be earlier than 9am and not later
than 2pm
Place -- may be agreed upon by the parties
**in the absence of agreement:
Property or personal property not
capable of manual delivery
---> in the office of the Clerk of Court
of the RTC or MTC which issued the
writ of or which was designated by the
appellate court
Personal propert capable of manual

delivery
---> in the place where the property is
situated
THIRD PARTY CLAIM --**with AFFIDAVIT of his title or right to the possession of
the property levied, stating the GROUNDS of such right or
title -----> SERVED upon the OFFICER making the levy
and a copy thereof upon the judgment obligee
**the OFFICER shall NOT be bound to keep the property;
UNLESS:
On demand of the officer
The judgment obligee files a BOND approved by the
court to indemnify...
**Claim for damages for the taking or keeping of the
property may be enforced against the BOND
---> the action MUST be filed WITHIN 120DAYS from the
date of the filing of the bond.
The officer shall not be liable for damages... If such bond is
filed.
FRIVOLOUS or PLAINLY SPURIOUS CLAIM
---> the judgment obligee may claim damages in the same
or separate action against such 3rd party claimant
Writ is issued in favor of REPUBLIC OF THE PH or any
officer duly representing it ---> BOND is NOT required.
*if officer is sued for damages
--- SOLGEN shall represent him
*if found liable
----actual damages shall be paid by the NATIONAL
TREASURER
PENALTY
1. An OFFICER selling WITHOUT NOTICE ---> liable to
pay punitive damages P5T , in addition to actual damages,
both to be recovered
---> by motion in the same action
2. A PERSON willfully REMOVING or DEFACING the
NOTICE posted
*done before the sale xxx
---> liable to pay P5T, in addition to actual damages
---> by motion in the same action

At any time BEFORE the sale, the judgment obligor

may PREVENT the sale by paying the amount
required and the cost

HOW PROPERTY SOLD ON EXECUTION

1. All sales of property under execution must be made at
PUBLIC AUCTION
*to start at exact time fixed in the notice
2. After sufficient property has been sold, NO MORE shall

be sold and any EXCESS shall be delivered to the judgment

obligor or his authorized representative
*unless otherwise directed by the judgment or order
SALE OF REAL PROPERTY
consisting of several lots ---> must be sold separately
A portion of such property is claimed by 3rd person
----> may require it to be sold separately
SALE OF PERSONAL PROPERTY
Capable of manual delivery ---> it must be sold within
view of those attending the same and in such parcels
as are likely to bring the highest bidder
3. Neither the officer conducting the execution of sale, nor
his deputies, can become a PURCHASER, nor be
INTERESTED directly or indirectly in any purchase of
the sale
REFUSAL OF PURCHASER TO PAY
---> the officer shall AGAIN SELL the property to the
highest bidder and shall NOT BE RESPONSIBLE for any
loss
*may thereafter reject any subsequent bid of such
purchaser
---> the COURT may order the refusing purchaser to pay
the amount of loss, w/ cost and punish him for contempt
*such payment shall be for the benefit of the person
entitled to the proceeds, or the judgment obligor if
judgment has been already fully satisfied
JUDGMENT OBLIGEE as PURCHASER
*no third-party claim!
---> he NEED NOT pay the amount of bid if it does not
exceed the amount of his judgment. If it does --> pay excess
ADJOURNMENT OF SALE
**by WRITTEN CONSENT of the obligor and obligee, or
their duly authorized representatives
----> the OFFICER may adjourn the sale FROM DAY TO
DAY if it becomes necessary to do so for LACK OF
TIME to the complete the sale on the day fixed
CONVEYANCE to purchaser of
A. PERSONAL property
1. capable of manual delivery
----> upon PAYMENT, the officer shall DELIVER the
property to the purchaser
*if desired, a certificate of sale may also execute and
deliver to him
2. Not capable of manual delivery
---> upon PAYMENT, the officer shall DELIVER a
certificate of sale
B. REAL property

---> A certificate of sale thereof be given and filed with

REGISTRY OF DEEDS
The certificate shall contain:
1. Particular description of the property
2. Price paid for each distinct lot
3. Whole price paid
4. A statement that the right of REDEMPTION
expires 1year from the date of the registration of the
certificate of sale

1.Assessments and taxes

2. Lien, other than that upon which the redemption
was made
--> be also given to the OFFICER
duplicate filed
with the registry of deeds
If no notice is filed, the property may be REDEEMED
without paying such assessments, taxes or liens

Third party claim ---> the CERTIFICATE OF SALE

shall make EXPRESS MENTION of the existence of
such 3rd party claim (annotation)

WHO MAY REDEEM REAL PROPERTY SOLD:

a. Judgment obligor or his successor in interest
b. A CREDITOR having a lien by virtue of attachment,
judgment or mortgage on the property sold, subsequent to
the lien under which the property is sold. (redemptioner)
REDEMPTION
1. BY THE JUDGMENT OBLIGOR AND/OR
REDEMPTIONER
At anytime within 1year from the date of registration
**by paying the purchaser
- the amount of his purchase,
- with 1% per month interest up to the time of
redemption
- the amount of any assessments or taxes which
the purchaser may have paid thereon after
purchase and interest at the same rate
-the amount of OTHER lien, w/ interest. if the
purchaser be also a creditor having a prior lien
to that of the redemptioner, other than the
judgment under w/c such purchase was made
2. BY REDEMPTIONER
Property so redeemed, may AGAIN be redeemed
within 60days after the last redemption
- w/ 2% interest
- the amount of any assessments or taxes paid by last
redemptioner w/ interest
- the amount of OTHER lien held by the last
redemptioner w/ interest

Property may be AGAIN, and as often as a

redemptioner is so disposed, redeemed from any
previous redemptioner within 60days after the last
redemption

**WRITTEN NOTICE of any redemption be given to the

OFFICER ---> duplicate filed with the registry of deeds
**NOTICE:

If the JUDGMENT OBLIGOR redeems he must

make the same payments as that of redemptioner,
whereupon, NO FURTHER REDEMPTION shall be
allowed xxx
The person to whom redemption payment was
made must EXECUTE and DELIVER to him A
CERTIFCATE OF REDEMPTION
ACKNOWLEDGED before a NOTARY
PUBLIC or other officer authorized
The certificate shall be FILED and RECORDED
in the REGISTRY OF DEEDS

PROOF required of the redemptioner

A redemptioner must PRODUCE to the officer or person
from whom he seeks to redeem, and SERVE with his
NOTICE to the officer:
1. ---A COPY of the JFO under w/c he claims the right to
redeem, CERTIFIED by the CLERK, OR
---If he redeems upon a mortgage or other liens, a
MEMORANDUM of the record thereof, CERTIFIED by
the REGISTRAR OF DEEDS; OR
--- an original or certified COPY of any ASSIGNMENT
necessary to establish his claims
2. AFFIDAVIT executed by him or his agent, showing the
AMOUNT DUE
MANNER OF USING the premises PENDING
REDEMPTION
---> the court may RESTRAIN the commission of waste
on the property BY INJUCTION
---> on the APPLICATION of the purchaser or the
judgment obligee, with or without notice
**it is NOT WASTE for a person in possession or entitled
to possession:
1. To use it in the same manner in w/c it was
PREVIOUSLY USED; or
2. To use it in the ORDINARY COURSE of
HUSBANDRY; or
3. To make the NECESSARY REPAIRS to buildings
thereon
RENTS, EARNINGS and INCOME pending
redemption
----> shall belong to the JUDGMENT OBLIGOR until the
expiration of his period of redemption

AT THE EXPIRATION OF THE PERIOD FOR

REDEMPTION
**If NO redemption be made w/in 1YEAR
----> purchaser is entitled to a CONVEYANCE and
POSSESSION of the property
**If so REDEEMED whenever 60days have elapsed and
NO OTHER REDEMPTION has been made and NOTICE
thereof be given and the TIME for redemption has been
EXPIRED
---->the LAST REDEMPTIONER is entitled to a
CONVEYANCE and POSSESSION of the property

Acquistion of rights and interest as of the time of

LEVY
Possession shall be given to the purchaser or last
redemptioner UNLESS a THIRD PARTY is
ACTUALLY HOLDING the property ADVERSELY
to the judgment obligor

FAILURE OF PURCHASER TO GET POSSESSION of

the property
1. The purchaser or successor in interest FAILS TO
RECOVER THE POSSESSION thereof
2. The purchaser is EVICTED due to:
a) Irregularities in the proceedings
b) The judgment has been REVERSED or SET
ASIDE
c) The property sold was exempt from execution
d) A THIRD PERSON has vindicated his claim to
the property
REMEDIES
1. on MOTION in the same or separate action
---> RECOVER the price paid, with interest and so much
thereof as has not been delivered to the judgment obligor
2. On MOTION
----> HAVE the ORIGINAL judgment REVIVED in his
name for the whole price with interest or so much thereof as
has not been delivered to the judgment obligor
RIGHT to CONTRIBUTION and REPAYMENT
A. CONTRIBUTION
-- when a property liable for execution against several
persons is sold thereon and more than a due
proportion of the judgment is satisfied out of the
proceeds of the sale of the property of one of them
-- one of them pays, without a sale , more than his
proportion
B. REPAYMENT
--- when a judgment is upon an obligation of ONE of
them, as SECURITY for another, and the surety pays
the amount, or any part thereof, either by sale of his
property or before sale

Contribution and reimbursement may be obtained in a

SEPARATE action, UNLESS CROSS-CLAIMS have
been filed and adjudicated in the same action, in which
case, execution may issue to compel contribution or
reimbursement

REMEDIES WHEN JUDGMENT IS UNSATISFIED

In aid of execution
A. Examination of judgment obligor when judgment
unsatisfied
---> the judgment obligee shall be entitled to an ORDER
from the COURT REQUIRING such judgment obligor
TO APPEAR AND BE EXAMINED before the court or
commissioner
**at anytime after the return of the writ is made
**judgment obligor shall not be required to appear before
the court or commissioner outside the province or city in
which he resides or found
----> the court may order the property applied to the
satisfaction of judgment
B. Examination of obligor of judgment obligor
---->he may cause examination of the DEBTOR of the
judgment obligor to appear before the court or
commissioner
Upon proof that a person, entity or corporation has
property of such judgment debtor or is indebted to him
Notice to be given to any party
----> the court may order the property applied to the
satisfaction of judgment
When indebtedness denied or claims interest in the
property adverse to that of judgment obligor
----> the court may AUTHORIZE, by an ORDER, the
judgment obligee to institute an action against such
person or corporation within 120days from notice of
order and may punish disobedience of such order for
CONTEMPT

A party or other person may be compelled, by an

ORDER or SUBPOENA, to attend and to testify
--- failure ---> contempt

EXAMINATION
before a commissioner ---> in writing and certify it to
the court
Before a court/commissioner ---> must be UNDER
OATH

A person indebted to the judgment obligor may pay

execution against obligee

C. Order for application of property and income to

satisfaction of judgment
--subject to any prior rights over such property

---> the judgment or final order is CONCLUSIVE between

the PARTIES and their successors in interest by title
SUBSEQUENT to the commencement of the action

If the court finds the earnings of the judgment obligor

for his personal services are MORE THAN sufficient for his
family needs , it may ORDER payment in fixed monthly
installments
*failure to pay w/o good excuse --> indirect contempt

CONCLUSIVENESS OF JUDGMENT
C. The issues actually and directly resolved in a former suit
cannot again be raised in any future case between the same
parties involving a different cause of action
---> has the effect of preclusion only of issues

D. Appointment of receiver
Sale of ASCERTAINABLE INTEREST of judgment
obligor
--can be ascertained WITHOUT CONTROVERSY
-- proceedings shall be APPROVED by the COURT
ENTRY OF SATISFACTION of judgment
A. BY CLERK of court
--in the court docket and in the execution book
1. Upon the return of the writ showing full satisfaction
2. Uponthe filing of an admission to the satisfaction by the
judgment obligee or counsel
3. Upon the endorsement of such admission by the
judgment obligee or his counsel on the fasce of the record
of the judgment
B. WITH OR WITHOUT ADMISSION
--whenever a judgment is satisfied in fact, OR
OTHERWISE THAN UPON AN EXECUTION (dacion en
pago)
1. On demand of the judgment obligor, the judgment
obligee or counsel must EXECUTE and
ACKNOWLEDGE; or INDORSE an ADMISSION
2. After NOTICE and MOTION, the court may ORDER
either the judgment obligee or counsel to do so, or may
ORDER the entry of satisfaction to be made WITHOUT
SUCH ADMISSION

When a judgment is rendered against a party who

stands as SURETY for another, the latter is also
BOUND from the time that he has NOTICE of the
action or proceeding and an OPPORTUNITY at the
suretys request to join in the defense

EFFECT OF JUDGMENTS OR FINAL ORDERS

**the court must have JURISDICTION
RES JUDICATA (bar by FORMER judgment)
A. IN REM (against a specific thing)
---> the decision is CONCLUSIVE upon TITLE of the
thing, the will or administration
B. IN PERSONAM (in other cases)

RES JUDICATA
1. Identity of parties
a) Same parties
b) Actions between those in privies with them, as
between their successors in interest by title
SUBSEQUENT to the commencement of the
action (same thing, same title, same capacity)
c.) substantial identity if there are additional parties
2. Identity of subject matter
3. Identity of causes of action
*when two actions are based on the same delict or
wrong, even if the remedies be different

No matter how erroneous a judgment may be, once it

becomes final, it cannot be corrected.

No res judicata:
1. Revival of judgment
2. Annulment of judgment
RES JUDICATA vs LAW OF THE CASE vs STARE
DECISIS
RES JUDICATA --> the ruling on one case is carried over
to another case between the same parties
LAW OF THE CASE --> operates only in the particular
and single case where the ruling arises and is not carried
into other cases as a precedent
STARE DECISIS --> once a point of law has been
established by the court, that point of law will, generally, be
followed by the same court and by all lower courts in
subsequent cases where the same legal issue is raised.
EFFECT OF FOREIGN JUDGMENT OR FINAL
ORDERS
**the tribunal must have jurisdiction
1. Upon a SPECIFIC THING
---> J/FO is CONCLUSIVE upon the TITLE to the
thing
2. Against a PERSON
---> PRESUMPTIVE evidence of RIGHT as between
the parties and successor in interest by subsequent title

J/FO may be repelled by evidence of:

1. A want of jurisdiction
2. A want of notice to the party
3. Collusion
4. Fraud
5. Clear mistake of law or fact

One incapable of pecuniary estimation ---> RTC

APPEAL
RULE 40: MTC ----> RTC
When?
15days after notice to the appellant of the judgment or final
order appealed from
**RECORD ON APPEAL
---> by filing a NOTICE of appeal and a RECORD on
appeal within 30days after notice of the judgment or final
order
PERIOD INTERRUPTED
---> by a timely motion for new trial or reconsideration
NO MOTION FOR EXTENSION of time to file a
motion for NT/R.
How?
1. By filing a notice of appeal
---> with the COURT THAT RENDERED J/FO
---> indicate the parties to the appeal, judgment or
final order or part thereof appealed from,
1. ---> state the MATERIAL DATES showing the
timeliness of the appeal (Material date rule)
2. By record on appeal
**required only in SPECIAL PROCEEDINGS and in
other cases of MULTIPLE or SEPARATE APPEALS.
FORM AND CONTENTS:
2. Full names of all the parties stated in the caption of
the pleadings
3. Include the J/FO
4. In chronological order, copies of ONLY such
pleadings, petitions, motions, and all interlocutory orders as
are RELATED to the appealed judgment for the proper
understanding of the issue involved
5. Material date rule
6. Must contain a subject index if exceeding 20pages

2. By record on appeal
----> upon the APPROVAL of the record of appeal
filed in due time
DOCKET and other lawful fees
---> pay to the CLERK of the court which rendered
judgment or final order appealed from the full amount of
the appeallate docket and other lawful fees
----> proof payment shall be transmitted together with
the original record or the record on appeal in the appellate
court (within 15days from the perfection of the appeal)
PROCEDURE IN THE RTC
1. Upon receipt of the complete record or the record on
appeal, the CLERK shall NOTIFY the parties
2. Within 15days after notice, APPELLANT shall submit a
MEMORANDUM w/c shall briefly discuss the errors -->
copy furnished adverse party
*failure to file memorandum --> ground for dismissal
of the appeal
3. Within 15days from receipt of appellants memorandum,
APPELLEE may file his MEMORANDUM
4. Upon filing of appellees memorandum or expiration of
the period to do so, the case shall be SUBMITTED for
DECISION.
APPEAL FROM ORDERS DISMISSING A CASE
WITHOUT TRIAL; LACK OF JURISDICTION
1. Without a trial on the merits, the RTC may
a) AFFIRM
--> if the ground for dismissal is LACK OF
JURISDICTION over the subject matter
---> the RTC, (w/ jurisdiction) shall TRY the case
ON THE MERITS as if the case was originally
filed with it
b)

REVERSE
---> the case shall be REMANDED for further
proceedings

2. The case was tried on the merits by a lower without

jurisdiction over the subject matter
----> RTC shall not dismiss if it has original
jurisdiction thereof
---> it shall DECIDE the case w/o prejudice to the
admission of amended pleadings and additional
evidence

---> copies, where required, shall be SERVED on the

adverse party

RULE 41: FROM THE RTC

PERFECTION OF APPEAL
1. By notice of appeal
----> upon the FILING of the notice of appeal in due
time

Subject of appeal:
1. Judgment or final order that completely disposes of the
case; or
2. A particular matter therein when declared by the Rules to
be appealable

court (within 15days from the perfection of the appeal)

NO APPEAL:
i. Order denying a petition for relief or any motion
seeking relief from judgment
ii. Interlocutory order
iii. Order disallowing or dismissing an appeal
Iv. Order denyong a motion to set aside a judgment by
consent, compromise or confession on the ground of
fraud, mistake etc.
V. Order of execution
Vi. Against one or more of several parties or in
separate claims while the main case is pending unless
the court allows an appeal thereform
Vii. Dismissal without prejudice
The aggrieved party may file an appropriate
SPECIAL CIVIL ACTION in RULE 65
(certiorari, prohibition or mandamus)
MODES OF APPEAL
A. ORDINARY APPEAL
RTC (original) ----> CA
---> by filing a NOA
----> by filing ROA (special proceedings and multiple
or separate appeals)

B. PETITION FOR REVIEW (rule 42)

RTC (appellate) ---> CA
C. APPEAL BY CERTIORARI (rule 45)
RTC (only questions of law) ---> SC
ORDINARY APPEAL
When? (same in rule 40)
15days after notice to the appellant of the judgment or final
order appealed from
**RECORD ON APPEAL
---> by filing a NOTICE of appeal and a RECORD on
appeal within 30days after notice of the judgment or final
order
PERIOD INTERRUPTED
---> by a timely motion for new trial or reconsideration
NO MOTION FOR EXTENSION of time to file a
motion for NT/R.
**on appeal in HABEAS CORPUS cases --> within
48HOURS from notice of the J/FO
DOCKET and other lawful fees (SAME in rule 40)
---> pay to the CLERK of the court which rendered
judgment or final order appealed from the full amount of
the appeallate docket and other lawful fees
----> proof payment shall be transmitted together with
the original record or the record on appeal in the appellate

FORM AND CONTENTS of NOA and ROA -- same in

Rule 40
APPROVAL OF ROA
-- no objection is filed by the appellee within 5days from
receipt of the copy thereof
--- the TRIAL COURT may:
1. APPROVE it as presented; or
2. Upon its own motion or at the instance of the appellee,
may DIRECT its AMENDMENT
---> within the time limited in the order or such
extension thereof as may be granted, OR
--> if no time is fixed by the order, within 10days from
receipt thereof
JOINT RECORD ON APPEAL
PERFECTION OF APPEAL -same in Rule 40
Effect:
NOA - the court loses jurisdiction over the case UPON
THE PERFECTION of the appeals and the expiration
of the time to appeal
ROA - the court loses jurisdiction over the SUBJECT
MATTER upon the APPROVAL of the ROA and the
expiration of the time to appeal
PRIOR to transmittal (w/in 30days) of the record
---> the court may issue ORDERS
a. for the protection and preservation of the
rights of the rights of the parties
b. Do not involve any matter litigated by the
appeal
c. Approve compromises
d. Permit appeals of indigent litigants
e. Order execution pending appeal
f. Allow withdrawal of the appeal
WITHIN 30DAYS after PERFECTION
Duty of the CLERK to:
1. Verify correctness
2. Verify completeness
3. To take measures to complete the record
4. To transmit the records (with proof of payment of
appellate court docket, certified true copy of the minutes of
the proceedings, order of approval, certificate of
correctness, original documentary evidence and original
and 3copies of transcripts)
----> WITHIN 30DAYS after PERFECTION
Other duties:
5. Furnish the parties with copies of his letter of transmittal
6. Immediately direct the stenographers concerned TO
ATTACH to the record of the case 5copies of the

TRANSCRIPTS of the testimonial evidence referred to in

the ROA
DISMISSAL OF APPEAL
**Prior to transmittal of records
---> the TRIAL COURT, may MOTU PROPIO or on
MOTION, dismiss the appeal for:
1. Having been taken OUT OF TIME; or
2. NON-PAYMENT of DOCKET and other lawful fees
RULE 42: PETITION FOR REVIEW
RTC ----> CA

RTC in its APPELLATE JURISDICTION

VERIFIED petition filed with the CA
Paying to the CLERK of court (CA)
Furnish RTC and the adverse party a COPY of the
petition
File and served WITHIN 15DAYS from NOTICE of
decision sought to be reviewed or the DENIAL or
MNT/R
Extendible ONCE for another 15days

FORM AND CONTENTS

- in 7 legible copies
- shall state:
1. Full name of the parties
2. Material dates
3. Stament of issue and arguments
4. Duplicate original or true copies of the J/FO
5. Submit a CERTIFICATE OF FORUM SHOPPING
(under oath)
---> that he has not theretofore commenced any other
action in the SC, CA or different division thereof, or any
other tribunal or agency
FAILURE TO COMPLY ----> ground for DISMISSAL
* and nonpayment of docket fees
CA may:
1. require the respondent to file a COMMENT, not a
motion to dismiss, within 10days from notice
2. DISMISS, if the petition is
a) PATENTLY WITHOUT MERIT
b) Prosecuted manifestly for DELAY
c) the questions raised are too UNSUBSTANTIAL
to require consideration
CONTENTS OF THE COMMENT
*in 7 legible copies
Accompanied by certified true copies of such material
portions of the records and other supporting documents
Shall state:
A. WON he accepts the statement of matters in the

petition
B. Point out such INSUFFICIENCIES or
INACCURACIES
C. The REASONS why the petition should not be
given due course
DUE COURSE
-- upon the filing of the comment xxx or
--- after the expiration of the period for the filing thereof
----> CA finds PRIMA FACIE that the lower court
committed AN ERROR OF FACT OR LAW that will
warrant a reversal or modification of the appealed
decision
ELEVATION OF RECORD within 15days from notice
-when CA deems necessary
PERFECTION OF APPEAL --->
1. Upon the timely filing of the petition
2. Payment of docket and other lawful fees
**RTC then loses jurisdiction upon perfection
BEFORE the CA gives DUE COURSE
---> the RTC may issue ORDERS
g. for the protection and preservation of the
rights of the rights of the parties
h. Do not involve any matter litigated by the
appeal
i. Approve compromises
j. Permit appeals of indigent litigants
k. Order execution pending appeal
l. Allow withdrawal of the appeal

THE APPEAL SHALL STAY THE JUDGMENT OR

FINAL ORDER
Except in civil cases under the RULES ON
SUMMARY PROCEDURE
Unless the CA, the law or the Rules shall provide
otherwise

If the petition is GIVEN DUE COURSE

----> ORAL argument; or
---> parties may be required to SUBMIT
MEMORANDA
*within 15days from notice
SUBMISSION FOR DECISION
---> upon the FILING of the LAST PLEADING or
MEMORANDUM
RULE 43:
CTA &QUASI-JUDICIAL AGENCIES -----> CA
N/A - labor code

Questions of fact, of or mixed

Within 15days
from notice of the award, JFO or resolution
from the date of LAST PUBLICATION, if
publication is required
From the denial of petitioners MNT/R
Only one motion for reconsideration shall be allowed
Extendible once for 15days

HOW?
-- by filing a VERIFIED PETITION FOR REVIEW
---in 7 legible copies
--- with the CA
-- with proof of service of a copy thereof on the adverse
party and on the court or agency
---pay to the CA the docket and lawful fees, P500 for cost
**exemption from paying may be granted upon a
verified motion -if denied, payment w/in 15days from
denial
CONTENTS OF THE PETITION
1. Full names
2. Concise statement of facts and issues
3. Accompanied by a clearly legible duplicate original or
certified true copy of the award or JFO
4. Sworn CERTIFICATE OF FORUM SHOPPING
5. Material dates
FAILURE TO COMPLY with requirements:
----> ground for DISMISSAL
ACTION OF THE COURT (CA):
1. May require the respondent to file a COMMENT, not a
motion to dismiss, within 10days from notice
2. DISMISS, if the petition is
d) PATENTLY WITHOUT MERIT
e) Prosecuted manifestly for DELAY
f) the questions raised are too UNSUBSTANTIAL
to require consideration
CONTENTS OF COMMENT:
*in 7 legible copies
Accompanied by certified true copies of such material
portions of the records and other supporting documents
Shall state:
A. Point out such INSUFFICIENCIES or
INACCURACIES of facts and issues
B. The REASONS why the petition should be denied
or dismissed
Copy shall be SERVED on the petitioner and proof of
service shall be filed with the CA
DUE COURSE

-- upon the filing of the comment or such other required

pleadings; or
--- upon the expiration of the period for the filing thereof
AND
On the basis of the petition or the records
----> CA finds PRIMA FACIE that the lower court
committed AN ERROR OF FACT OR LAW that will
warrant a reversal or modification of the appealed
decision, it may give due course, OTHERWISE, IT
SHALL DISMISS.
FINDINGS OF FACT -when supported by substantial
evidence
---> shall be BINDING on the CA
TRANSMITTAL OF RECORD
**within 15days from NOTICE that the petition has been
given due course
---> CA may require the court or agency to TRANSMIT the
original or a legible certified true copy of the entire record
The record to be transmitted shall be ABRIDGED BY
AGREEMENT of all parties
CA may require or permit correction or addition to the
record
EFFECT OF APPEAL
----> shall NOT STAY the award, JFO or resolution
UNLESS, CA directs otherwise
If the petition is GIVEN DUE COURSE
----> ORAL argument; or
---> parties may be required to SUBMIT
MEMORANDA
*within 15days from notice
SUBMISSION FOR DECISION
---> upon the FILING of the LAST PLEADING or
MEMORANDUM
PROCEDURE IN THE COURT OF APPEALS
RULE 44: ORDINARY APPEALED CASES
RULE 45 BY CERTIORARI ---> SC
NOT A MATTER OR RIGHT, but of SOUND
JUDICIAL DISCRETION

All courts ----> SC

A VERIFIED PETITION FOR REVIEW ON
CERTIORARI
May include an application for A WRIT OF
PRELIMINARY INJUCTION or other
PROVISIONAL REMDIES
Shall raise ONLY QUESTIONS OF LAW

The petitioner may seek the same provisional remedies

BY VERIFIED MOTION filed in the same action at
ANYTIME during its pendency

RULE 46: ORIGINAL CASES

the petition shall be FILED WITHIN 15DAYS from

NOTICE of the JFOR or of the DENIAL of MNTR
EXTENSION
upon motion duly filed and served
With full payment of docket, lawful fees and
deposit
Before the expiration of the reglementary
period

DOCKET and other lawful fees

---> to the CLERK of court of the SC
----> proof of service of a copy thereof be served on the
lower court and adverse party
CONTENTS OF PETITION: in 18 copies
A. Full names
B. Material dates
C. Statement of the matters involved
D. Accompanied by a clearly legible duplicate original or
certified true copy of the JFO
E. Sworn CERTIFICATE OF FORUM SHOPPING
FAILURE TO COMPLY with the requirements
----> ground for DISMISSAL
The SUPREME COURT may, in its own initiative:
----> DENY, on the ground that the appeal is:
A. Without merit
B. Prosecuted manifestly for DELAY
C. the questions raised are too UNSUBSTANTIAL to
require consideration
The SUPREME COURT may require or allow the FILING
of pleadings and document, for purposes of determining:
1. WON the petition should be dismissed or denied
2. WON the petition should be given due course
*in case of NON-FILING or UNAUTHORIZED filing of
such pleadings or documents, or non-compliance with
conditions therefor ---> SC may impose
CORRESPONDING SANCTIONS
ELEVATION OF RECORDS
---> within 15days from notice
APPLICABILITY: CIVIL AND CRIMINAL
Except: in criminal cases where the penalty impose is
DEATH,RECLUSION PERPETUA or LIFE
IMPRISONMENT

RULE 47: ANNULMENT OF JUDGMENTS (FOR)

Annulment by the CA of JFORs in CIVIL
ACTIONS of RTC
For which the ordinary remedies of NEW
TRIAL, PETITION FOR RELIEF or other
appropriate remedies are NO LONGER
AVAILABLE through NO fault of the
petitioner

GROUNDS:
1. Extrinsic fraud
**not available if it WAS AVAILED OF, or COULD
HAVE AVAILED of, in a MNT or PR.
---> period to file: WITHIN 4YEARS from its
DISCOVERY
2. Lack of jurisdiction
---> period to appeal: before it is barred by laches or
prescription

Commencement: BY FILING A VERIFIED

PETITION
Alleging therein with PARTICULARITY the facts
and the law relied upon
In 7 copies
A certified true copy of the JFO shall be
ATTACHED
Submit affidavits of witnesses or documents
Sworn certificate of forum shopping

ACTION BY THE COURT

1. DISMISSED OUTRIGHT
---> if find NO substantial merit
2. GIVE DUE COURSE
---> should prima facie merit be found
--> summons shall be served on the respondent
Procedure --> same procedure in ordinary civil cases
If TRIAL is NECESSARY --> RECEPTION OF
EVIDENCE may be referred to a member of the court or a
judge of the RTC
EFFECT OF JUDGMENT of ANNULMENT
---> shall SET ASIDE the questioned JFOR and render the
same NULL and VOID
WITHOUT PREJUDICE to the original action being
refiled in the proper court
----> on the ground of EXTRINSIC FRAUD
The court may, ON MOTION, ORDER the trial TO
TRY THE CASE as if a timely motion for new trial has

been granted therein

Prescriptive period for REFILING shall be DEEMED
SUSPENDED from the filing of such original action until
the finality of the judgment of annulment
RELIEF
--> includes the awards of damages, attys fees and other
relief
If there is already execution --> RESTITUTION or other
relief the court may issue
ANNULMENT OF JUDGMENTS OR FINAL ORDERS
OF MTC ---> RTC having jurisdiction over the former
It shall be treated as an ordinary civil action
PROVISIONAL REMEDIES
RULE 57: PRELIMINARY ATTACHMENT
When? At the commencement of the action, OR at anytime
before entry of judgment
Attachment --> as security for the satisfaction of any
judgment
See CASES proper for attachment
ISSUANCE
--> on MOTION either exparte or with notice and hearing
by the court in w/c action is pending, or CA or SC
TWIN REQUIREMENTS:
1. AFFIDAVIT of the applicant or some other person who
personally knows the fact, that:
a. Sufficient CAUSE OF ACTION exist
b. The case is one of those mentioned in the Rules
c. No other sufficient security for the claim sought to
be enforced
d. The amount due or the value of the property which
he is entitled to recover is as much as the sum for
which the order is granted
2. BOND
Conditioned that the applicant will pay all cost which may
be adjudged to the adverse party and all damages
MANNER of ATTACHMENT

No levy of attachment shall be enforced, UNLESS it is

preceded or contemporaneously accompanied by a
service of summons, xxx
The requirement of prior or contemporaneous
service of summons shall NOT APPLY:
1. Summons could not be served personally or by
substituted service despite diligent efforts

2. The defendant is a resident of the PH

temporarily absent thereform
3. The defendant is a non-resident of the PH
4. The action is one in rem or quasi in rem
REAL PROPERTY
---> by filing with the registry of deeds a copy of the order,
description etc. And by leaving a copy of such and notice
with the occupant of the property, if any
PERSONAL property capable of manual delivery
---> by taking and safely keeping it in his custody
STOCK and shares, interest
---> by leaving w/ the president or managing agent a copy
of the writ and notice
DEBTS and CREDITS
---> by leaving w/ the person owing such debts or having
possession of credits a copy of the writ and notice
INTEREST in the estate as heir, legatee or devisee
---> by leaving w/ the executor or administrator or other
personal representative a copy of the writ and notice
When attached property may be sold after levy of
attachment and before entry of judgment
1. Property is perishable
2. The interest of all parties to the action will be subserved
by the sale
REMEDIES
1. Discharge of attachment UPON GIVING
COUNTER-BOND
*after the writ of attachment has been enforced
The party whose property was attached may MOVE
for the discharge of the attachment wholly or in part
on the security given.
--> After due notice and hearing, the court shall
ORDER the discharge if the movant makes a CASH
DEPOSIT or files a COUNTERBOND executed to the
attaching part with the Clerk
REMEDY of the OBLIGEE
COUNTERBOND
When the judgment become executory
--> the surety of the counter-bond shall be bound to
pay the obligee upon demand the amount due of the
judgment, after notice and summary hearing in the
same action
CASH DEPOSIT
---> it shall be applied under the direction of the coury
to the satisfaction of the judgment
2. On other grounds

On motion with th e court in w/c the action is pending

Before or after the levy or even after the release of the
attached property
An ORDER to set aside or discharge the attachment
GROUNDS:
1. The writ was improperly or irregularly issued or
enforced
2. The bond is insufficient
3. Attachment is excessive but discharge shall be
limited to the excess

REMEDY: against the attachment bond

An application for DAMAGES on account of
improper,
irregular or excessive attachment
must be filed:
--before the trial
--before appeal is perfected
--before the judgment becomes executory
With due notice to the attaching party
With proper hearing
Included in the judgment of the main case
If judgment of the appellate court be favorable to the
party against whom the attachment was issued
--> must claim DAMAGES sustained during the pendency
of the appeal, before the judgment of the appellate court
becomes executory
--> by filing an application in the appellate court, with
notice to the attaching party

The person against whom the attachment was issued

may recover damages from any property of the
attaching property, in case the bond or deposit made be
insufficient

THIRD PARTY CLAIM --**with AFFIDAVIT of his title or right to the possession of
the property levied, stating the GROUNDS of such right or
title -----> SERVED upon the OFFICER making the levy
and a copy thereof upon the judgment obligee
**the OFFICER shall NOT be bound to keep the property;
UNLESS:
On demand of the officer
The judgment obligee files a BOND approved by the
court to indemnify...
**Claim for damages for the taking or keeping of the
property may be enforced against the BOND
---> the action MUST be filed WITHIN 120DAYS from the
date of the filing of the bond.
The officer shall not be liable for damages... If such bond is
filed.

FRIVOLOUS or PLAINLY SPURIOUS CLAIM

---> the judgment obligee may claim damages in the same
or separate action against such 3rd party claimant
Writ is issued in favor of REPUBLIC OF THE PH or any
officer duly representing it ---> BOND is NOT required.
*if officer is sued for damages
--- SOLGEN shall represent him
*if found liable
----actual damages shall be paid by the NATIONAL
TREASURER
BALANCE DUE --> shall be collected by the sheriff upon
an ordinary execution
EXCESS --> delivered to the judgment obligor
RULE 58: PRELIMINARY INJUCTION
**at any stage prior to the judgment or final order
TO REFRAIN FROM A PARTICULAR ACT/S or
REQUIRE PERFORMANCE OF A PARTICULAR
ACT/S
WHO MAY GRANT?
Court where the action is pending