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2016 University of the Philippines

College of Law
Bar Reviewer

Dean Overall Head


Dean Danilo L. Concepcion Eleanor Zosa

Associate Dean Subject Heads


Prof. Concepcion L. Jardeleza Eleanor Zosa
Chris Nuevo

Academics Committee Heads


Evert Callueng
Paulo Faustino
Carlos Hernandez
Audrey Ng
Desiree Sokoken

4TH WEEK

REMEDIAL
LAW

UP Law Bar Operations Commission 2016


UP Law Bar Operations Commission 2016
UP LAW
BAR OPS 2016
UP LAW BOC TABLE OF CONTENTS REMEDIAL LAW

A. ACTIONS ................................... 20
A.1 KINDS OF ACTIONS ............................ 20
A.2 CIVIL ACTIONS VERSUS SPECIAL
Table of Contents PROCEEDINGS ...........................................21
A.3 PERSONAL ACTIONS AND REAL
ACTIONS......................................................21
A.4 LOCAL AND TRANSITORY ACTIONS 22
Civil Procedure 1 A.5 ACTIONS IN REM, IN PERSONAM, OR
QUASI IN REM ........................................... 22
I. GENERAL CONCEPTS ....................... 2 A.6 INDEPENDENT CIVIL ACTIONS [SEC. 3,
A. CONCEPT OF REMEDIAL LAW ...... 2 RULE 111] ..................................................... 23
A.1 SOURCE ................................................. 2 B. CAUSE OF ACTION ..................... 23
A.2 APPLICABILITY ..................................... 2 B.1 RIGHT OF ACTION VERSUS CAUSE OF
A.3 PROSPECTIVITY/ RETROACTIVITY ..... 2 ACTION ....................................................... 24
B. SUBSTANTIVE LAW VIS--VIS B.2 FAILURE OF THE COMPLAINT TO
REMEDIAL LAW ............................... 2 STATE A CAUSE OF ACTION .................... 24
C. RULE MAKING POWER OF THE B.3 SPLITTING A SINGLE CAUSE OF
SUPREME COURT ............................ 3 ACTION; EFFECTS ..................................... 25
C.1 POWER OF THE SC TO AMEND B.4 JOINDER AND MISJOINDER OF
PROCEDURAL RULES .................................3 CAUSES OF ACTION ................................. 26
C.2 POWER OF SC TO SUSPEND ...............3 C. PARTIES .................................... 26
D. NATURE OF PHILIPPINE COURTS . 4 C.1 REAL PARTY-IN-INTEREST ................ 27
D.1 MEANING OF A COURT........................ 4 C.2. INDISPENSABLE AND NECESSARY
D.2 CLASSIFICATION OF PHIL. COURTS .. 4 PARTIES .....................................................28
D.3 PRINCIPLE OF JUDICIAL HIERARCHY 5 C.3 INDIGENT PARTIES .............................28
D.4 DOCTRINE OF NON-INTERFERENCE 6 C.4 ALTERNATIVE DEFENDANTS ............ 29
II. JURISDICTION ................................. 6 C.5 COMPULSORY AND PERMISSIVE
A. ASPECTS OF JURISDICTION JOINDER OF PARTIES ............................... 29
[BOSTON EQUITY RESOURCES, INC. V. C.6 MISJOINDER AND NON-JOINDER OF
CA, G.R. NO. 173946 (2013)] ............. 6 PARTIES .....................................................30
A.1 JURISDICTION OVER THE SUBJECT C.7 CLASS SUIT ..........................................30
MATTER ....................................................... 6 C.8 SUITS AGAINST ENTITIES WITHOUT
A.2 JURISDICTION OVER THE PARTIES ... 9 JURIDICAL PERSONALITY ......................... 31
A.3 JURISDICTION OVER THE ISSUES ...... 9 C.9 EFFECT OF DEATH OF A PARTY-
A.4 JURISDICTION OVER THE RES OR LITIGANT ..................................................... 31
PROPERTY IN LITIGATION ........................ 10 D. VENUE ...................................... 32
B. JURISDICTION OF COURTS ......... 10 D.1 VENUE VERSUS JURISDICTION ......... 33
B.1 SUPREME COURT ................................ 10 D.2 VENUE OF REAL ACTIONS ................ 33
B.2 COURT OF APPEALS ........................... 11 D.3 VENUE OF PERSONAL ACTIONS ...... 33
B.3 COURT OF TAX APPEALS .................. 12 D.4 VENUE OF ACTIONS AGAINST NON-
B.4 SANDIGANBAYAN [P.D. 1606, AS RESIDENTS ................................................ 33
AMENDED BY R.A. 7975 AND R.A. 10660] D.5 WHEN THE RULES ON VENUE DO
..................................................................... 13 NOT APPLY ................................................ 34
B.5 REGIONAL TRIAL COURTS ................ 14 D.6 EFFECTS OF STIPULATION ON VENUE
B.6 FAMILY COURTS [RA 8369] ............... 17 ..................................................................... 34
B.7 METROPOLITAN TRIAL COURTS/ E. PLEADINGS ............................... 34
MUNICIPAL TRIAL COURTS ...................... 17 E.1 KINDS OF PLEADINGS ........................ 34
B.8 SHARIA COURTS ................................ 18 E.2 PLEADINGS ALLOWED IN SPECIAL
C. JURISDICTION OVER SMALL RULES........................................................ 40
CLAIMS .......................................... 18 E.3 PARTS OF A PLEADING ...................... 41
D. CASES COVERED BY RULES ON E.4 ALLEGATIONS IN A PLEADING .........44
SUMMARY PROCEDURE .................. 19 SPECIFIC DENIALS ....................................45
E. CASES COVERED BY BARANGAY E.5 EFFECT OF FAILURE TO PLEAD ........46
CONCILIATION ................................ 19 E.6 DEFAULT .............................................46
F. TOTALITY RULE ......................... 20 E.7 FILING AND SERVICE OF PLEADINGS
III. COMMENCEMENT OF ACTIONS TO .....................................................................49
TRIAL ............................................... 20
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E.8 AMENDMENT AND SUPPLEMENTAL L. PRE-TRIAL ................................. 70


PLEADINGS ............................................... 52 L.1. NATURE AND PURPOSE .................... 70
F. SUMMONS ................................. 55 L.2. NOTICE OF PRE-TRIAL ...................... 70
F.1 NATURE AND PURPOSE OF L.3. APPEARANCE OF PARTIES ................ 71
SUMMONS IN RELATION TO ACTIONS IN L.4. PRE-TRIAL BRIEF ................................ 71
PERSONAM, IN REM, AND QUASI IN REM L.5. PROCEEDINGS DURING AND AFTER
.................................................................... 55 PRE-TRIAL ................................................. 72
ACTIONS IN PERSONAM ......................... 55 L.6. DISTINCTION BETWEEN PRE-TRIAL IN
ACTIONS IN REM AND QUASI IN REM ... 55 CIVIL CASE AND IN CRIMINAL CASE ....... 72
F.2 VOLUNTARY APPEARANCE .............. 55 L.7. ALTERNATIVE DISPUTE RESOLUTION
F.3 MODES OF SERVICE OF SUMMONS 56 ..................................................................... 73
PERSONAL SERVICE ................................ 56 M. INTERVENTION ......................... 76
SUBSTITUTED SERVICE OF SUMMONS . 56 M.1. REQUISITES FOR INTERVENTION ... 76
SERVICE BY PUBLICATION MEANING OF LEGAL INTEREST .............. 76
(CONSTRUCTIVE SERVICE) ......................57 M.2. TIME TO INTERVENE ........................ 76
SPECIAL CLASSES OF DEFENDANTS M. 3. PLEADINGS-IN-INTERVENTION ..... 76
.....................................................................57 M.4. REMEDIES OF THE PARTIES ........... 76
F.4 RETURN AND PROOF OF SERVICE .. 58 N. SUBPOENA ................................. 77
RETURN [SEC. 4, RULE 14] ...................... 58 N.1. SUBPOENA DUCES TECUM .............. 77
ALIAS SUMMONS [SEC. 5, RULE 14] ...... 58 N.2. SUBPOENA AD TESTIFICANDUM..... 77
PROOF OF SERVICE [SEC. 18, RULE 14] . 59 N.3. SERVICE OF SUBPOENA .................. 77
G. MOTIONS IN GENERAL .............. 59 N.4. COMPELLING ATTENDANCE OF
G.1. CONTENTS AND FORM OF MOTION59 WITNESS .................................................... 78
G.2 KINDS OF MOTIONS .......................... 59 N.5. QUASHING OF SUBPOENA .............. 78
G.3 NOTICE OF HEARING AND HEARING GROUNDS .................................................. 78
OF MOTIONS ............................................. 60 O. MODES OF DISCOVERY .............. 78
G.4. OMNIBUS MOTION RULE ................ 60 O.1 DEPOSITIONS ...................................... 78
H. MOTION FOR BILL OF TAKING OF DEPOSITION .......................... 78
PARTICULARS ............................... 60 USES AND SCOPE OF DEPOSITION ........ 79
H.1. PURPOSE AND WHEN APPLIED FOR OBJECTIONS TO ADMISSIBILITY ............ 80
..................................................................... 61 TERMINATION OF TAKING OF
H.2 ACTION OF THE COURT ..................... 61 DEPOSITION OR LIMITATION OF SCOPE
H.3 COMPLIANCE WITH THE ORDER ...... 61 .................................................................... 80
H.4 EFFECT ON THE PERIOD TO FILE O.2. WRITTEN INTERROGATORIES OF
RESPONSIVE PLEADING........................... 61 ADVERSE PARTIES [RULE 25] .................82
J. MOTION TO DISMISS .................. 62 SERVICE OF INTERROGATORIES TO
J.1. GROUNDS ........................................... 62 PARTIES .....................................................82
J.2. RESOLUTION OF MOTION ................ 66 ANSWERS .................................................. 83
J.3. BAR BY DISMISSAL ............................ 66 OBJECTIONS TO INTERROGATORIES..... 83
J.4. REMEDIES OF PLAINTIFF WHEN THE CONSEQUENCES OF FAILURE TO
COMPLAINT IS DISMISSED ...................... 66 ANSWER..................................................... 83
J.5. REMEDIES OF DEFENDANT WHEN EFFECT OF FAILURE TO SERVE .............. 83
THE MOTION IS DENIED ...........................67 O.3. REQUEST FOR ADMISSION [RULE 26]
J.6. WHEN GROUNDS PLEADED AS ..................................................................... 83
AFFIRMATIVE DEFENSES .........................67 IMPLIED ADMISSION BY ADVERSE PARTY
J.7. DISTINGUISHED FROM DEMURRER ..................................................................... 83
TO EVIDENCE [RULE 33] ...........................67 CONSEQUENCES FOR FAILURE TO
K. DISMISSAL OF ACTIONS ............. 67 ANSWER REQUEST ................................. 84
K.1. DISMISSAL UPON NOTICE BY EFFECT OF ADMISSION ........................... 84
PLAINTIFF ...................................................67 EFFECT OF FAILURE TO FILE AND SERVE
K.2. DISMISSAL UPON MOTION OF REQUEST FOR ADMISSION .................... 84
PLAINTIFF .................................................. 68 O.4. PRODUCTION OR INSPECTION OF
K.3. DISMISSAL DUE TO FAULT OF THE DOCUMENTS OR THINGS [RULE 27] ..... 84
PLAINTIFF .................................................. 68 PRODUCTION OF DOCUMENTS VS
K.4. DISMISSAL OF COUNTERCLAIM, SUBPOENA DUCES TECUM ......................85
CROSS-CLAIM, OR THIRD-PARTY O.5. PHYSICAL OR MENTAL
COMPLAINT............................................... 69 EXAMINATION OF PERSONS [RULE 28] 85
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O.6. CONSEQUENCES OF REFUSAL TO POST-JUDGMENT REMEDIES WITHIN


COMPLY [RULE 29] .................................. 86 THE LOWER COURT .......................... 119
P. TRIAL ........................................ 86 C. RELIEF FROM JUDGMENTS.
P.1. ADJOURNAMENTS AND ORDERS, AND OTHER PROCEEDINGS
POSTPONEMENTS ................................... 87 ..................................................... 121
P.2. AGREED STATEMENT OF FACTS .... 87 D. ANNULMENT OF JUDGMENTS OR
P.3. ORDER OF TRIAL .............................. 87 FINAL ORDERS AND RESOLUTIONS
P.4. CONSOLIDATION OR SEVERANCE OF .................................................... 123
HEARING OR TRIAL .................................. 88 E. COLLATERAL ATTACK OF
P.5. DELEGATION OF RECEPTION OF JUDGMENTS ................................. 124
EVIDENCE .................................................. 89 VI. EXECUTION, SATISFACTION AND
P.6. TRIAL BY COMMISSIONERS............. 89 EFFECT OF JUDGMENTS ................... 126
Q. DEMURRER TO EVIDENCE ......... 90 A. FINALITY FOR PURPOSES OF
Q.1. EFFECT OF DENIAL ............................ 91 APPEAL AND FOR PURPOSES OF
Q.2. EFFECT OF GRANT ............................ 91 EXECUTION .................................. 126
Q.3. WAIVER OF RIGHT TO PRESENT B. WHEN EXECUTION SHALL ISSUE127
EVIDENCE ................................................... 91 C. HOW JUDGMENT IS EXECUTED . 130
Q.4. DEMURRER IN CIVIL AND CRIMINAL D. PROPERTIES EXEMPT FROM
CASES ......................................................... 91 EXECUTION .................................. 134
IV. JUDGMENTS AND FINAL ORDERS . 92 E. PROCEEDINGS WHERE PROPERTY
A. JUDGMENTS IN GENERAL .......... 92 CLAIMED BY THIRD PERSONS ....... 135
A.1. REQUISITES OF A VALID JUDGMENT F. RULES ON REDEMPTION ........... 137
[RIANO] ...................................................... 92 G. REMEDIES OF JUDGMENT
A.2. KINDS OF JUDGMENT ...................... 92 CREDITOR IF JUDGMENT NOT
A.3. JUDGMENT WITHOUT TRIAL ........... 93 SATISFIED [SECS. 36-43, RULE 39] 139
B. CONTENTS OF A JUDGMENT ...... 93 H. EFFECT OF JUDGMENT OR FINAL
B.3. DISTINCTION BETWEEN JUDGMENT ORDERS ....................................... 140
AND OPINION OF THE COURT ................ 93 I. ENFORCEMENT AND EFFECT OF
B.4. CONFLICT BETWEEN DISPOSITION FOREIGN JUDGMENT OR FINAL
AND OPINION OF THE COURT................ 93 ORDERS ....................................... 142
C. JUDGMENT ON THE PLEADINGS . 94 VII. PROVISIONAL REMEDIES ........... 143
D. SUMMARY JUDGMENTS ............. 94 A. PRELIMINARY ATTACHMENT ..... 143
D.1 WHEN THE CASE IS NOT FULLY B. PRELIMINARY INJUNCTION ....... 148
ADJUDICATED........................................... 95 C. RECEIVERSHIP ......................... 152
D.2 AFFIDAVITS AND ATTACHMENTS ... 95 D. REPLEVIN ................................. 155
E. SUMMARY JUDGMENT V. D.1. WHEN WRIT MAY BE ISSUED ......... 155
JUDGMENT ON THE PLEADINGS V. D.2. REQUISITES ..................................... 156
JUDGMENT BY DEFAULT ................ 96 D.3. AFFIDAVIT AND BOND; REDELIVERY
F. RENDITION OF JUDGMENTS AND BOND ........................................................ 156
FINAL ORDERS .............................. 96 D.4. SHERIFFS DUTY IN
G. ENTRY OF JUDGMENT AND FINAL IMPLEMENTATION ...................................157
ORDER .......................................... 97 D.5. WHEN PROPERTY CLAIMED BY
H. AMENDMENTS TO JUDGMENT .... 97 THIRD PARTY............................................157
V. POST-JUDGMENT REMEDIES ......... 98 A COMPARATIVE CHART ON THE
A. MOTION FOR NEW TRIAL OR PROVISIONAL REMEDIES ................. 158
RECONSIDERATION ....................... 98 VIII. SPECIAL CIVIL ACTIONS ............ 160
A.1. GROUNDS .......................................... 98 A. IN GENERAL ........................... 160
A.3. FORM AND CONTENTS .................... 98 A.1 NATURE .............................................. 160
A.4 RESOLUTION AND COURT ACTION 99 A.2 ORDINARY CIVIL ACTIONS V. SPECIAL
B. APPEALS .................................. 100 CIVIL ACTIONS ......................................... 160
MODES OF APPEAL ................................. 102 A.3 JURISDICTION AND VENUE ............. 160
PERIOD OF APPEAL ................................ 102 B. INTERPLEADER ......................... 161
FLOWCHART: APPEALS TO THE B.1 NATURE ............................................... 161
SUPREME COURT ............................. 117 B.2 REQUISITES FOR INTERPLEADER .. 161
COMPARATIVE TABLE ON THE MODES B.3 WHEN TO FILE.................................... 161
OF APPEAL ....................................... 118 C. DECLARATORY RELIEFS AND
FLOWCHART: .................................... 119 SIMILAR REMEDIES ...................... 162
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C.1. NATURE ............................................. 162 F.8. RIGHTS OF A PERSON ADJUDGED


C.2.WHO MAY FILE THE ACTION [SEC. 1, ENTITLED TO PUBLIC OFFICE ................ 173
RULE 63] ................................................... 163 G. EXPROPRIATION ..................... 173
C.3 REQUISITES OF ACTION FOR G.1. NATURE ............................................. 173
DECLARATORY RELIEF ........................... 163 G.2. REQUISITES FOR THE VALID
C.4. WHEN COURT MAY REFUSE TO EXERCISE OF THE RIGHT ........................ 173
MAKE JUDICIAL DECLARATION ............. 163 G.3. MATTERS TO ALLEGE IN COMPLAINT
C.5. CONVERSION TO ORDINARY ACTION FOR EXPROPRIATION ............................. 173
[SEC. 6, RULE 63] ..................................... 163 G.4. TWO STAGES IN EVERY ACTION FOR
C.6. PROCEEDINGS CONSIDERED AS EXPROPRIATION ......................................174
SIMILAR REMEDIES ................................. 163 G.5. WHEN PLAINTIFF CAN IMMEDIATELY
D. REVIEW OF JUDGMENTS AND ENTER INTO POSSESSION OF THE REAL
FINAL ORDERS OR RESOLUTION OF PROPERTY, IN RELATION TO R.A. NO.
THE COMELEC AND COA ............... 164 8974 ...........................................................174
D.1 APPLICATION OF RULE 65 UNDER G.6. NEW SYSTEM OF IMMEDIATE
RULE 64 .................................................... 164 PAYMENT OF INITIAL JUST
D.2 DISTINCTION IN THE APPLICATION OF COMPENSATION ......................................175
RULE 65 TO JUDGMENTS OF THE G.10. APPOINTMENT
COMELEC AND COA AND THE OFCOMMISSIONERS; COMMISSIONERS
APPLICATION OF RULE 65 TO OTHER REPORT; COURT ACTION UPON REPORT
TRIBUNALS, PERSONS, AND OFFICERS .................................................................... 177
................................................................... 165 G.12. EFFECT OF RECORDING OF
E. CERTIORARI, PROHIBITION, JUDGMENT ...............................................178
MANDAMUS ................................. 165 H. FORECLOSURE OF REAL ESTATE
E.1 DEFINITIONS AND DISTINCTIONS ... 165 MORTGAGE .................................. 178
E.2 REQUISITES ....................................... 167 H.1. NATURE .............................................178
E.3 WHEN PETITION FOR CERTIORARI, H.5. DISPOSITION OF PROCEEDS OF
PROHIBITION, AND MANDAMUS IS SALE ......................................................... 180
PROPER .................................................... 167 H.7. JUDICIAL FORECLOSURE VS.
E.4 INJUNCTIVE RELIEF .......................... 168 EXTRAJUDICIAL FORECLOSURE ........... 181
E.5 EXCEPTIONS TO FILING MOTION FOR H.8. EQUITY OF REDEMPTION VS. RIGHT
RECONSIDERATION BEFORE FILING OF REDEMPTION ..................................... 181
PETITION .................................................. 169 I.1. NATURE .............................................. 182
E.6 RELIEFS PETITIONER IS ENTITLED TO I.2. WHEN CAN PARTITION BE MADE ... 182
................................................................... 169 I.3. WHEN PARTITION CANNOT BE MADE:
E.7 ACTS/OMISSIONS OF MTC/RTC IN ................................................................... 182
ELECTION CASES .................................... 170 I.5. MATTERS TO ALLEGE IN THE
E.8 WHEN AND WHERE TO FILE PETITION COMPLAINT FOR PARTITION ................ 182
................................................................... 170 I.6. TWO STAGES IN EVERY ACTION FOR
F. QUO WARRANTO ...................... 170 PARTITION ............................................... 183
F.1. NATURE ............................................. 170 I.7. ORDER OF PARTITION AND
F.2. AGAINST WHOM MAY THE ACTION BE PARTITION BY AGREEMENT .................. 183
BROUGHT .................................................. 171 I.8. PARTITION BY COMMISSIONERS;
JURISDICTION ........................................... 171 APPOINTMENT OF COMMISSIONERS;
F.3. DISTINGUISHED FROM QUO COMMISSIONERS REPORT; COURT
WARRANTO IN THE OMNIBUS ELECTION ACTION UPON COMMISSIONERS
CODE .......................................................... 171 REPORT .................................................... 183
F.4. WHEN GOVERNMENT MAY I.10. PARTITION OF PERSONAL
COMMENCE AN ACTION AGAINST PROPERTY ............................................... 185
INDIVIDUALS ............................................ 172 I.11. PRESCRIPTION OF ACTION ............. 185
F.5. WHEN INDIVIDUAL MAY COMMENCE J. FORCIBLE ENTRY AND UNLAWFUL
AN ACTION ............................................... 172 DETAINER .................................... 185
F.6. PERIOD FOR PLEADINGS AND J.1. NATURE .............................................. 185
PROCEEDINGS MAY BE REDUCED ....... 172 J.2. DEFINITIONS AND DISTINCTIONS
F.7. JUDGMENT IN QUO WARRANTO [RIANO] ..................................................... 185
ACTION ..................................................... 172

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J.3. DISTINGUISHED FROM ACCION D.4. ANNEXES SERVED ON ADVERSE


PUBLICIANA, ACCION REINVINDICATORIA, PARTY ...................................................... 205
AND ACCION INTERDICTAL ................... 186 D.5. APPLICABILITY ............................... 205
J.4. TO DETERMINE JURISDICTION IN
ACCION PULICIANA, ACCION
REINVINDICATORIA, AND ACCION
INTERDICTAL ........................................... 186
Special Proceedings 206
J.5. WHO MAY INSTITUTE THE ACTION
AND WHEN; AGAINST WHOM THE I. SPECIAL PROCEEDINGS ............... 207
ACTION MAY BE MAINTAINED ............... 186 A. SUBJECT MATTER AND
J.6. PLEADINGS ALLOWED ..................... 187 APPLICABILITY OF GENERAL RULES
J.7. ACTION ON COMPLAINT .................. 187 ................................................... 207
J.8. WHEN DEMAND NECESSARY ......... 188 II. SETTLEMENT OF ESTATE OF
J.9. PRELIMINARY INJUNCTION AND DECEASED PERSONS ...................... 208
PRELIMINARY MANDATORY INJUNCTION A. MODES OF SETTLEMENT OF
................................................................... 188 ESTATE ....................................... 208
J.10. RESOLVING DEFENSE OF B. JURISDICTION ......................... 208
OWNERSHIP............................................. 189 C. VENUE .................................... 209
J.12. SUMMARY PROCEDURE, D. EXTENT OF JURISDICTION OF
PROHIBITED PLEADINGS .......................190 PROBATE COURT ......................... 209
K. CONTEMPT ............................... 190 E. POWERS AND DUTIES OF A
K.1. NATURE .............................................190 PROBATE COURT ......................... 209
K.2. KINDS OF CONTEMPT; PURPOSE III. SUMMARY SETTLEMENT OF
AND NATURE OF EACH ..........................190 ESTATES .......................................... 210
K.3. DIRECT CONTEMPT .......................... 191 A. EXTRAJUDICIAL SETTLEMENT OF
K.4. INDIRECT CONTEMPT ..................... 192 ESTATES ...................................... 210
K.5. WHEN IMPRISONMENT SHALL BE TWO-YEAR PERIOD ................................. 211
IMPOSED .................................................. 193 B. SUMMARY SETTLEMENT OF
THE SPECIAL CIVIL ACTIONS ............ 194 ESTATES OF SMALL VALUE ............ 211
IX. SPECIAL RULES .......................... 196 PROCEDURE............................................ 212
A. REVISED RULES ON SUMMARY COMPARISON .......................................... 212
PROCEDURE ................................. 196 C. REMEDIES OF AGGRIEVED PARTIES
FLOWCHART: SUMMARY PROCEDURE AFTER EXTRAJUDICIAL SETTLEMENT
....................................................... 197 OF ESTATE ................................... 212
B. KATARUNGANG PAMBARANGAY WITHIN REGLAMENTARY PERIOD OF
LAW (PD 1508; RA 7160, AS TWO YEARS: ............................................ 212
AMENDED) ................................... 199 OTHERS: ................................................... 213
B.1. SCOPE AND APPLICABILITY OF THE IV. PRODUCTION AND PROBATE OF
RULE ......................................................... 199 WILL ................................................ 214
B.2. CASES COVERED ............................. 199 A. NATURE OF PROBATE
B.4. WHEN PARTIES MAY GO DIRECTLY PROCEEDINGS .............................. 214
TO COURT ................................................ 199 V. ALLOWANCE OR DISALLOWANCE OF
B.6. EXECUTION ...................................... 199 WILL ................................................ 214
B.7. REPUDIATION ..................................200 A. WHO MAY PETITION FOR
B.8. FLOWCHART ...................................200 PROBATE; PERSONS ENTITLED TO
C.1. SCOPE AND APPLICABILITY OF THE NOTICE ........................................ 215
RULE ......................................................... 201 TIMING AND WHO MAY PETITION ........ 215
C.2. COMMENCEMENT OF SMALL CLAIMS MEANING OF INTEREST IN ESTATE ...... 215
ACTION; RESPONSE................................ 201 B. CONTENTS OF PETITION FOR
C.4. APPEARANCES ............................... 203 ALLOWANCE OF WILL ................... 215
C.5. HEARING; DUTY OF THE JUDGE ... 203 JURISDICTION, HOW ACQUIRED .......... 215
C.6. FINALITY OF JUDGMENT ............... 203 EVIDENCE REQUIRED IN SUPPORT OF A
FLOWCHART: .......................................... 204 WILL .......................................................... 215
SMALL CLAIMS CASES ........................... 204 C. GROUNDS FOR DISALLOWING A
D.1. FORMAT AND STYLE....................... 205 WILL ............................................. 217
D.2. MARGINS AND PRINTS .................. 205 D. REPROBATE ............................. 217
D.3. COPIES TO BE FILED ...................... 205 F. EFFECTS OF PROBATE .............. 217

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VI. LETTERS TESTAMENTARY AND OF VII. CLAIMS AGAINST THE ESTATE ... 225
ADMINISTRATION ............................ 218 ESTATE BURDENED WITH LIEN OF
A. WHEN AND TO WHOM LETTERS OF CREDITORS ............................................. 225
ADMINISTRATION ARE GRANTED .. 218 PURPOSE OF PRESENTATION OF CLAIMS
WHO ARE INCOMPETENT TO SERVE AS AGAINST ESTATE ................................... 225
EXECUTOR OR ADMINISTRATOR.......... 218 A. TIME WITHIN WHICH CLAIMS
B. ORDER OF PREFERENCE .......... 219 SHALL BE FILED; EXCEPTIONS ..... 225
30-DAY PERIOD MAY BE WAIVED ......... 219 ALTERNATIVE REMEDIES OF A
C. OPPOSITION TO ISSUANCE OF MORTGAGE CREDITOR UPON DEATH OF
LETTERS TESTAMENTARY; DEBTOR ................................................... 227
SIMULTANEOUS FILING OF PETITION B. CLAIM OF EXECUTOR OR
FOR ADMINISTRATION ................. 219 ADMINISTRATOR AGAINST AN
D. POWERS AND DUTIES OF ESTATE ........................................ 227
EXECUTORS AND ADMINISTRATORS; C. PAYMENT OF DEBTS ................ 228
RESTRICTIONS ON THE POWERS . 220 PAYMENT OF CONTINGENT CLAIM ..... 228
D.1. GENERAL POWERS AND DUTIES POSSESSION BY HEIRS, DEVISEES OR
OF EXECUTORS AND LEGATEES BEFORE DEBTS AND
ADMINISTRATORS ........................ 221 EXPENSES ARE PAID ............................. 228
HAVE ACCESS TO PARTNERSHIP BOOKS LIABILITY OF HEIRS AND DISTRIBUTEES
AND PROPERTY AT ALL TIMES .............. 221 .................................................................. 229
KEEP BUILDINGS IN TENANTABLE REQUISITES ............................................ 230
REPAIR...................................................... 221 VIII. ACTIONS BY AND AGAINST
RIGHT TO POSSESSION AND EXECUTORS AND ADMINISTRATORS 231
MANAGEMENT OF THE REAL AND A. ACTIONS BY AND AGAINST
PERSONAL PROPERTIES ....................... 221 EXECUTORS ................................. 231
D.2. RESTRICTIONS ON POWERS OF B. RECOVERY OF PROPERTY
EXECUTORS AND ADMINISTRATORS CONCELEAD, EMBEZZLED OR
.................................................... 221 FRADULENTLY CONVEYED ............ 231
EXECUTOR OR ADMINISTRATOR WHEN RECOVERY BY CREDITOR OF
CHARGEABLE WITH ALL ESTATE AND PROPERTY FRAUDULENTLY
INCOME .................................................... 221 CONVEYED MAY BE DONE ............ 232
PROHIBITED FROM PROFITING BY C. SALES, MORTGAGES, AND OTHER
INCREASE OR LOSING BY DECREASE IN ENCUMBRANCES ......................... 232
VALUE ...................................................... 222 FLOWCHART: SETTLEMENT OF ESTATE
ACCOUNTABLE FOR INCOME FROM OF DECEASED PERSONS .......................234
REALTY USED BY HIM ............................ 222 IX. DISTRIBUTION AND PARTITION .. 236
ACCOUNTABLE IF HE NEGLECTS OR BEFORE THERE COULD BE A
DELAYS TO RAISE OR PAY MONEY ...... 222 DISTRIBUTION OF ESTATE, THE
ONLY NECESSARY EXPENSES SHALL BE FOLLOWING STAGES MUST BE
ALLOWED ................................................ 222 FOLLOWED: .............................................236
EXECUTOR OR ADMINISTRATOR TO A. LIQUIDATION .......................... 236
MAKE INVENTORY AND RENDER B. PROJECT OF PARTITION .......... 236
ACCOUNT ................................................ 222 C. REMEDY OF AN HEIR ENTITLED TO
ACCOUNTING MANDATORY ................. 223 RESIDUE BUT NOT GIVEN HIS SHARE
EXAMINATION ON OATH BY COURT ... 223 .................................................... 237
E. APPOINTMENT OF SPECIAL D. INSTANCES WHEN PROBATE
ADMINISTRATOR .......................... 223 COURT MAY ISSUE WRIT OF
POWERS AND DUTIES OF SPECIAL EXECUTION .................................. 237
ADMINISTRATOR.................................... 224 X. ESCHEAT ..................................... 237
WHEN SPECIAL ADMINISTRATOR CEASES A. WHEN TO FILE .......................... 237
DUTIES ..................................................... 224 B. REQUISITES FOR FILING OF
F. REVOCATION, DEATH, PETITION ...................................... 237
RESIGNATION AND REMOVAL OF C. REMEDY OF RESPONDENT
EXECUTORS AND ADMINISTRATORS AGAINST PETITION; PERIOD FOR
................................................... 224 FILING A CLAIM. .......................... 238
EFFECT OF REMOVAL, DEATH, OR XI. TRUSTEES ................................. 239
RESIGNATION ......................................... 225
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A. DISTINGUISHED FROM D. WHEN NOT PROPER OR


EXECUTOR/ADMINISTRATOR ....... 239 APPLICABLE ................................ 255
B. CONDITIONS OF THE BOND ..... 239 E. WHEN WRIT DISALLOWED OR
C. PROCEDURAL REQUISITES FOR DISCHARGED ............................... 255
THE REMOVAL AND RESIGNATION OF F. DISTINGUISHED FROM WRIT OF
A TRUSTEE .................................. 240 AMPARO AND HABEAS DATA ....... 256
D. GROUNDS FOR REMOVAL AND G. RULES ON CUSTODY OF MINORS
RESIGNATION OF A TRUSTEE ...... 240 AND WRIT OF HABEAS CORPUS IN
E. EXTENT OF AUTHORITY OF RELATION TO CUSTODY OF MINORS
TRUSTEE ..................................... 240 (A.M. NO. 03-04-04-SC) .............. 256
XII. GUARDIANSHIP ......................... 241 XV. WRIT OF AMPARO (A.M. 07-9-12-SC)
A. GUARDIANSHIP OF INCOMPETENT ...................................................... 260
PERSONS NOT MINORS ................ 241 A. COVERAGE .............................. 260
.................................................. 241 B. DISTINGUISH FROM HABEAS
.................................................. 241 CORPUS AND HABEAS DATA ........ 260
.................................................. 241 C. AMPARO VS SEARCH WARRANT
.................................................. 241 ................................................... 260
GENERAL POWERS AND DUTIES OF D. PETITION ................................ 260
GUARDIANS ............................................. 241 E. THE RETURN ............................ 261
CONDITIONS OF THE BOND OF THE EFFECT OF FAILURE TO FILE RETURN
GUARDIAN .............................................. 243 ................................................... 262
B. RULE IN GUARDIANSHIP OVER OMNIBUS WAIVER RULE .............. 262
MINOR [A.M. NO. 03-02-05-SC] ... 243 F. HEARING ................................. 262
XIII. ADOPTION ................................ 247 G. OTHER ACTIONS ..................... 263
A. DISTINGUISH DOMESTIC INSTITUTION OF SEPARATE ACTION
ADOPTION FROM INTER-COUNTRY ................................................... 263
ADOPTION .................................... 247 EFFECT OF FILING A CRIMINAL
B. DOMESTIC ADOPTION ACT ...... 250 ACTION ....................................... 263
INSTANCES WHEN ADOPTION MAY BE CONSOLIDATION ......................... 263
RESCINDED; EFFECTS OF RESCISSION OF H. INTERIM RELIEFS AVAILABLE TO
ADOPTION ................................................ 251 PETITIONER AND RESPONDENT ... 263
C. INTER-COUNTRY ADOPTION ..... 251 I. QUANTUM OF PROOF IN
(1) FOREIGN NATIONALS, AND ... 251 APPLICATION FOR ISSUANCE OF
FUNCTIONS OF THE RTC ........................ 251 WRIT OF AMPARO ........................ 264
(1) FILING OF PETITION MAY BE XVI. WRIT OF HABEAS DATA [A.M. NO.
MADE WITH THE FAMILY COURT 08-1-16-SC] .................................... 265
HAVING JURISDICTION OVER THE A. SCOPE OF THE WRIT ................ 265
PLACE WHERE THE CHILD RESIDES B. AVAILABILITY OF WRIT ............ 266
OR MAY BE FOUND. [SEC. 28, AM 02- C. DISTINGUISHED FROM HABEAS
6-02 SC] ....................................... 251 CORPUS AND AMPARO ................ 266
(2) COURT SHALL DETERMINE D. THE PETITION ......................... 266
WHETHER OR NOT PETITION IS E. THE RETURN ........................... 266
SUFFICIENT IN FORM AND F. INSTANCES WHEN DEFENSES MAY
SUBSTANCE AND A PROPER CASE BE HEARD IN CHAMBERS .............. 267
FOR INTER-COUNTRY ADOPTION. 251 G. OTHER ACTIONS ...................... 267
(3) TRANSMIT THE PETITION TO CONSOLIDATION .......................... 267
THE ICAB FOR APPROPRIATE ACTION. EFFECT OF FILING CRIMINAL ACTION
252 .................................................... 267
BEST INTEREST OF THE MINOR INSTITUTION OF SEPARATE ACTION
STANDARD.............................................. 252 .................................................... 267
XIV. WRIT OF HABEAS CORPUS ....... 252 XVII. CHANGE OF NAME ................... 267
WRIT OF HABEAS CORPUS ............ 252 XVIII. CANCELLATION OR CORRECTION
PROCEDURE ........................................ 254 OF ENTRIES IN THE CIVIL REGISTRY 269
A. CONTENTS OF THE PETITION ... 254 A. ENTRIES SUBJECT TO
B. THE RETURN ........................... 254 CANCELLATION OR CORRECTION IN
C. DISTINGUISH PEREMPTORY WRIT RELATION TO R.A. 9048 .............. 269
FROM PRELIMINARY CITATION .... 255
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RA 9048, AS AMENDED BY RA 10172 B. WHO MAY FILE; CRIMES THAT


................................................... 270 CANNOT BE PROSECUTED DE OFICIO
XIX. ABSENTEES .............................. 271 ................................................... 286
A. PURPOSE OF THE RULE ............ 271 B.1. WHO MAY FILE COMPLAINT OR
B. WHO MAY FILE; WHEN TO FILE . 271 INFORMATION ........................................ 286
XX. APPEALS IN SPECIAL B.2. EVENTS SUBSEQUENT TO FILING286
PROCEEDINGS ................................. 272 B.2.A. DEATH OF OFFENDED PARTY .. 286
A. JUDGMENTS AND ORDERS FOR B.2.B. DESISTANCE BY OFFENDED PARTY
WHICH APPEAL MAY BE TAKEN ..... 272 ................................................................... 287
B. WHEN TO APPEAL .................... 272 B.2.C. PARDON BY OFFENDED PARTY 287
C. MODES OF APPEAL ................... 272 SUBSEQUENT MARRIAGE ..................... 287
D. RULE ON ADVANCE DISTRIBUTION C. CONTROL OF PROSECUTION .... 287
.................................................... 272 C.1. IN GENERAL ...................................... 287
COMPARATIVE TABLE OF WRITS ...... 273 C.2. BEFORE THE COURT OF APPEALS
AND THE SUPREME COURT ................. 288
C.3. EXTENT OF THE PROSECUTORS
CONTROL ................................................ 288
Criminal Procedure 281 C.3.A. PRIOR TO FILING OF THE CASE 288
C.3.B. AFTER FILING OF THE CASE ...... 288
I. GENERAL MATTERS ..................... 282 C.3.C. LIMITATIONS OF CONTROL BY THE
CRIMINAL JURISDICTION ...................... 282 COURT ..................................................... 288
A. JURISDICTION OVER SUBJECT C.3.D. EFFECT OF LACK OF
MATTER AND JURISDICTION OVER INTERVENTION OF FISCAL ................... 288
PERSON OF THE ACCUSED D. SUFFICIENCY OF COMPLAINT OR
DISTINGUISHED .......................... 282 INFORMATION ............................. 288
A.1 JURISDICTION OVER SUBJECT TEST OF SUFFICIENCY .......................... 289
MATTER ................................................... 282 D.1 NAME OF THE ACCUSED ................ 289
STATUTE APPLICABLE ........................... 282 D.2 DESIGNATION OF OFFENSE .......... 289
IMPOSABLE PENALTY ............................ 282 D.3 CAUSE OF THE ACCUSATION ........ 289
PRINCIPLE OF ADHERENCE OF WHERE THE LAW PRESCRIBES
JURISDICTION ......................................... 282 EXCEPTIONS: .......................................... 290
A.2. JURISDICTION OVER THE PERSON OF RULE ON NEGATIVE AVERMENTS ....... 290
THE ACCUSED ........................................ 282 WHERE COMPLEX CRIME IS CHARGED
B. REQUISITES FOR EXERCISE OF .................................................................. 290
CRIMINAL JURISDICTION ............. 283 D.4 PLACE OF COMMISSION OF THE
C. JURISDICTION OF CRIMINAL OFFENSE ................................................. 290
COURTS ...................................... 283 D.5 DATE OF COMMISSION OF THE
C.1. REGULAR (CIVIL) COURTS .............. 283 OFFENSE ................................................. 290
C.2. MILITARY COURTS .......................... 285 D.6 NAME OF THE OFFENDED PARTY 290
D. WHEN INJUNCTION MAY BE OFFENSES AGAINST PROPERTY ......... 290
ISSUED TO RESTRAIN CRIMINAL OFFENDED PARTY IS A JURIDICAL
PROSECUTION ............................. 285 PERSON .................................................. 290
II. PROSECUTION OF OFFENSES ..... 285 E. DUPLICITY OF THE OFFENSE;
A. CRIMINAL ACTIONS; HOW EXCEPTION ................................. 290
INSTITUTED ................................. 285 REMEDY ................................................... 291
A.1. IN GENERAL ..................................... 285 MODES OF COMMITTING OFFENSE NOT
A.2. OFFENSES REQUIRING PRELIMINARY DUPLICITOUS .......................................... 291
INVESTIGATION ...................................... 285 F. AMENDMENT OR SUBSTITUTION
A.3. OTHER OFFENSES .......................... 285 OF COMPLAINT OR INFORMATION 291
A.4. IN METROPOLITAN MANILA AND KINDS OF AMENDMENT:........................ 291
OTHER CITIES ......................................... 285 F.1. AMENDMENT BEFORE PLEA IN FORM
A.5. EFFECT OF INSTITUTION ON AND SUBSTANCE.................................... 291
PRESCRIPTIVE PERIOD.......................... 285 F.2. AMENDMENT AFTER PLEA AND
SUSPENSION OF PRESCRIPTIVE PERIODS DURING TRIAL ........................................ 292
IN CASES FALLING UNDER THE F.2.A. AS TO FORM ................................ 292
AUTHORITY OF THE LUPON ................. 286 F.2.B. AS TO SUBSTANCE ..................... 292
F.3. SUBSTITUTION ................................ 292
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F.4. AMENDMENT AND SUBSTITUTION COVERED BY THE RULE ON


DISTINGUISHED...................................... 292 SUMMARY PROCEDURE ............... 299
G. VENUE OF CRIMINAL ACTIONS 292 H. REMEDIES OF ACCUSED IF THERE
H. INTERVENTION OF OFFENDED WAS NO PRELIMINARY
PARTY ......................................... 293 INVESTIGATION ........................... 299
III. PROSECUTION OF CIVIL ACTION 294 H.1. EFFECT OF DENIAL OF RIGHT ....... 299
A. RULE ON IMPLIED INSTITUTION OF REMEDIES OF THE ACCUSED IF THERE
CIVIL ACTION WITH CRIMINAL WAS NO PI: ............................................. 300
ACTION ....................................... 294 H.2. RESTRAINING PRELIMINARY
B. WHEN CIVIL ACTION MAY INVESTIGATION ...................................... 300
PROCEED INDEPENDENTLY ......... 294 I. INQUEST .................................. 300
B.1. INDEPENDENT CIVIL ACTIONS ...... 294 PROCEDURE........................................... 300
B.2. RESERVATION OF RIGHT TO FILE V. ARREST ....................................... 301
CIVIL ACTION .......................................... 294 A. IMMUNITY ................................ 301
B.3. SEPARATE ACTION FILED BY THE A.1. PARLIAMENTARY IMMUNITY .......... 301
ACCUSED ................................................ 294 A.2. DIPLOMATIC IMMUNITY ................. 301
C. WHEN SEPARATE CIVIL ACTION IS B. HOW MADE ............................... 301
SUSPENDED ................................ 294 C. ARREST WITHOUT WARRANT,
D. EFFECT OF DEATH OF THE WHEN LAWFUL ............................. 301
ACCUSED OR CONVICT ON CIVIL C.1. IN FLAGRANTE DELICTO ................. 301
ACTION ....................................... 294 C.2. HOT PURSUIT ARREST .................. 302
E. PREJUDICIAL QUESTION .......... 295 C.3. ARREST OF ESCAPED PRISONER 302
E.1. ELEMENTS ........................................ 295 C.4. RULES ON ILLEGALITY OF ARREST
E.2. EFFECT ............................................. 295 .................................................................. 302
E.3. WHERE TO FILE PETITION FOR C.4.A. EFFECT ......................................... 302
SUSPENSION .......................................... 295 C.4.B. WAIVER ........................................ 302
F. RULE ON FILING FEES IN CIVIL C.4.C. WHEN CURED ............................. 303
ACTION DEEMED INSTITUTED WITH D. METHOD OF ARREST ............... 303
THE CRIMINAL ACTION ................ 295 D.1. BY OFFICER WITH WARRANT ........ 303
IV. PRELIMINARY INVESTIGATION ... 296 D.1.A. DUTIES OF ARRESTING OFFICER
A. NATURE OF RIGHT .................. 296 .................................................................. 303
A.1. DEFINITION ...................................... 296 D.1.B. RIGHTS OF THE ARRESTING
A.2. RIGHT TO PRELIMINARY OFFICER .................................................. 303
INVESTIGATION ...................................... 296 D.2. BY OFFICER WITHOUT WARRANT 303
A.3. WAIVER OF RIGHT .......................... 296 D.3. BY PRIVATE PERSON (CITIZENS
A.4. WHEN RIGHT DEEMED WAIVED ... 296 ARREST) .................................................. 304
A.5. WHEN RIGHT NOT DEEMED WAIVED E. REQUISITES OF A VALID WARRANT
.................................................................. 296 OF ARREST .................................. 304
B. PURPOSES OF PRELIMINARY E.1. ESSENTIAL REQUISITES ................. 304
INVESTIGATION ........................... 296 E.2. WHEN ISSUED ................................. 304
C. WHO MAY CONDUCT F. DETERMINATION OF PROBABLE
DETERMINATION OF EXISTENCE OF CAUSE FOR ISSUANCE OF WARRANT
PROBABLE CAUSE ........................ 297 OF ARREST .................................. 304
C.1. PROSECUTOR .................................. 297 G. PROBABLE CAUSE OF FISCAL AND
C.2. COURT.............................................. 297 JUDGE DISTINGUISHED ............... 304
C.3. COMELEC ......................................... 297 VI. BAIL .......................................... 305
C.4. OMBUDSMAN ................................. 297 A. NATURE .................................. 305
C.5. PROCEDURE FOR PRELIMINARY A.1. DEFINITION ...................................... 305
INVESTIGATION ...................................... 297 A.2. PURPOSE ........................................ 305
D. RESOLUTION OF THE A.3. REQUIREMENT OF CUSTODY ....... 305
INVESTIGATING PROSECUTOR ..... 298 B. WHEN A MATTER OF RIGHT;
E. REVIEW ................................... 298 EXCEPTIONS ............................... 305
F. WHEN WARRANT OF ARREST MAY B.1. CAPITAL OFFENSE .......................... 305
ISSUE .......................................... 299 B.2. EXTRADITION PROCEEDINGS ...... 305
G. CASES NOT REQUIRING B.3. WHEN NOT AVAILABLE ................. 306
PRELIMINARY INVESTIGATION NOR C. WHEN A MATTER OF DISCRETION
................................................... 306
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D. HEARING OF APPLICATION FOR J. RIGHTS OF PERSONS UNDER


BAIL IN CAPITAL OFFENSES ......... 306 CUSTODIAL INVESTIGATIONS ....... 314
D.1. IN GENERAL ..................................... 306 J.1. RIGHT TO BE ASSISTED BY COUNSEL
D.2. MINORS CHARGED WITH CAPITAL AT ALL TIMES........................................... 315
OFFENSE ................................................. 306 J.2. RIGHT TO BE ALLOWED VISITS....... 315
D.3. DUTIES OF JUDGE HEARING THE J.3. CONSEQUENCES OF VIOLATION OF
PETITION FOR BAIL ................................ 307 CUSTODIAL RIGHTS ............................... 315
D.4. WHERE APPLICATION FOR BAIL IS J.3.A. FAILURE TO INFORM .................... 315
FILED ........................................................ 307 J.3.B. OBSTRUCTION, PREVENTION OR
E. GUIDELINES IN FIXING AMOUNT OF PROHIBITION OF RIGHT TO VISITS AND
BAIL ............................................. 307 CONFERENCES ....................................... 315
F. WHEN BAIL NOT REQUIRED ...... 307 VIII. ARRAIGNMENT AND PLEA ......... 316
G. INCREASE OR REDUCTION OF BAIL A. ARRAIGNMENT AND PLEA; HOW
................................................... 308 MADE ........................................... 316
G.1. INCREASED BAIL ............................. 308 PLEA ......................................................... 316
G.2. REDUCED BAIL ............................... 308 A.1. DUTY OF THE COURT BEFORE
H. FORFEITURE AND CANCELLATION ARRAIGNMENT ....................................... 316
OF BAIL ....................................... 308 A.2. PROCEDURE OF ARRAIGNMENT .. 316
H.1. FORFEITURE OF BAIL ..................... 308 A.2.A. HOW MADE .................................... 317
H.2. CANCELLATION OF BAIL ............... 309 A.2.B. WHEN HELD .................................. 317
H.2.A. APPLICATION BY BONDSMEN... 309 A.2.C. SPECIFIC RULES ............................ 317
H.2.B. AUTOMATIC CANCELLATION .... 309 B. WHEN A PLEA OF NOT GUILTY
I. APPLICATION NOT A BAR TO SHOULD BE ENTERED ................... 317
OBJECTIONS ON ILLEGAL ARREST, C. WHEN ACCUSED MAY ENTER A
LACK OF OR IRREGULAR PLEA OF GUILTY TO A LESSER
PRELIMINARY INVESTIGATION ..... 309 OFFENSE ...................................... 318
J. HOLD/ALLOW DEPARTURE ORDER C.1. DURING ARRAIGNMENT ................. 318
AND BUREAU OF IMMIGRATION C.2. AFTER ARRAIGNMENT BUT BEFORE
WATCHLIST ................................. 309 TRIAL ........................................................ 318
VII. RIGHTS OF THE ACCUSED ........... 311 C.3. AFTER TRIAL HAS BEGUN .............. 318
A. RIGHT TO BE PRESUMED D. ACCUSED PLEADS GUILTY TO
INNOCENT UNTIL THE CONTRARY IS CAPITAL OFFENSE; DUTY OF THE
PROVED BEYOND REASONABLE COURT ......................................... 318
DOUBT .......................................... 311 E. SEARCHING INQUIRY ................ 318
EQUIPOSE RULE ....................................... 311 F. IMPROVIDENT PLEA OF GUILTY TO
B. RIGHT TO BE INFORMED OF THE A CAPITAL OFFENSE ..................... 319
NATURE AND CAUSE OF THE F.1. WHEN IMPROVIDENT PLEA MAY BE
ACCUSATION AGAINST HIM ........... 311 WITHDRAWN ........................................... 319
C. RIGHT TO BE PRESENT AND G. GROUNDS FOR SUSPENSION OF
DEFEND IN PERSON AND BY ARRAIGNMENT ............................ 320
COUNSEL AT EVERY STATE OF THE G.1. UNSOUND MENTAL CONDITION OF
PROCEEDINGS ............................... 311 THE ACCUSED AT THE TIME OF THE
C.1. RIGHT TO BE PRESENT ..................... 311 ARRAIGNMENT ...................................... 320
REQUIREMENTS OF WAIVER: ................ 312 G.2. EXISTENCE OF PREJUDICIAL
C.2. TRIAL IN ABSENTIA ......................... 312 QUESTION ............................................... 320
C.3. RIGHT TO COUNSEL ........................ 312 G.3. PENDENCY OF PETITION FOR
C.4. RIGHT TO DEFEND IN PERSON...... 312 REVIEW .................................................... 320
D. RIGHT TO TESTIFY AS WITNESS IN G.4 OTHER PENDING INCIDENTS ........ 320
HIS BEHALF .................................. 312 IX. MOTION TO QUASH ..................... 321
E. RIGHT AGAINST SELF- A. WHEN FILED ............................. 321
INCRIMINATION ............................ 313 B. GROUNDS ................................ 321
F. RIGHT TO CONFRONTATION ..... 313 B.1. FACTS CHARGED DO NOT
G. RIGHT TO COMPULSORY PROCESS CONSTITUTE AN OFFENSE .................... 321
.................................................... 313 B.2. COURT HAS NO JURISDICTION OVER
H. RIGHT TO SPEEDY, IMPARTIAL THE OFFENSE CHARGED ....................... 321
AND PUBLIC TRIAL ....................... 313 B.3. COURT HAS NO JURISDICTION OVER
I. RIGHT TO APPEAL ..................... 314 THE PERSON OF THE ACCUSED ........... 322
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B.4. OFFICER WHO FILED THE D. FINALITY .................................. 337


INFORMATION HAD NO AUTHORITY TO XIII. NEW TRIAL OR RECONSIDERATION
DO SO ...................................................... 322 ....................................................... 337
B.5. COMPLAINT OR INFORMATION DOES A. GROUNDS FOR NEW TRIAL ....... 337
NOT CONFORM SUBSTANTIALLY TO THE A.1. ERRORS OF LAW OR
PRESCRIBED FORM ............................... 322 IRREGULARITIES ..................................... 337
B.6. MORE THAN ONE OFFENSE IS A.2. NEW AND MATERIAL EVIDENCE ... 337
CHARGED ................................................ 322 B. GROUNDS FOR RECONSIDERATION
B.7. CRIMINAL ACTION OR LIABILITY HAS ................................................... 338
BEEN EXTINGUISHED ............................ 322 C. EFFECTS OF GRANTING NEW TRIAL
B.8. CONTAINS AVERMENTS THAT IF OR RECONSIDERATION ............... 338
TRUE WOULD CONSTITUTE A LEGAL D. APPLICATION OF THE NEYPES
EXCUSE OR JUSTIFICATION .................. 323 DOCTRINE IN CRIMINAL CASES .... 338
B.9. ACCUSED HAS BEEN PREVIOUSLY XIV. APPEAL ................................... 339
CONVICTED OR ACQUITTED OF THE A. EFFECT OF AN APPEAL ............ 339
OFFENSE CHARGED, OR THE CASE B. WHERE TO APPEAL .................. 339
AGAINST HIM WAS DISMISSED OR C. HOW APPEAL TAKEN ............... 339
OTHERWISE TERMINATED WITHOUT HIS D. WHO MAY APPEAL ................... 339
CONSENT ................................................ 323 E. PROCEDURE IN THE LOWER
C. MOTION TO QUASH AND COURTS ...................................... 339
DEMURRER DISTINGUISHED ........ 325 F. PROCEDURE IN THE COURT OF
D. EFFECTS OF SUSTAINING THE APPEALS ..................................... 340
MOTION TO QUASH ..................... 326 F.1. PARTIES AND TITLE ........................ 340
D.1. FILING ANOTHER COMPLAINT OR F.2. BRIEFS.............................................. 340
INFORMATION ........................................ 326 F.3. EXTENSION OF TIME FOR FILING
D.2. DISCHARGE OF THE ACCUSED .... 326 BRIEFS ..................................................... 340
D.3. REMEDIES OF THE PROSECUTION F.4. FORM OF BRIEFS ............................ 340
.................................................................. 326 F.5. CONTENT OF BRIEFS ..................... 340
X. PRE-TRIAL ................................... 327 F.6. DISMISSAL OF APPEAL FOR
A. NATURE AND OBJECTIVE OF PRE- ABANDONMENT OR FAILURE TO
TRIAL ........................................... 327 PROSECUTE; GROUNDS ........................ 341
B. PRE-TRIAL AGREEMENT .......... 328 F.7. PROMPT DISPOSITION OF APPEAL 341
C. PRE-TRIAL ORDER .................. 328 G. THE COURT OF APPEALS .......... 341
XI. TRIAL ........................................ 330 G.1. SCOPE OF THE CAS JUDGMENT ... 341
A. PRESENCE OF PERSONS AS G.2. CAS POWER TO RECEIVE EVIDENCE
REQUIRED BY LAW ...................... 330 ...................................................................342
A.1. OF ACCUSED .................................... 330 G.3. QUORUM IN THE CA .......................342
A.2. OF WITNESSES ................................ 330 G.4. POST-CA JUDGMENT......................342
B. RESPONSIBILITY OF COUNSEL . 330 G.5. APPLICABLE CIVIL PROCEDURE
C. TRIAL IN ABSENTIA ................. 330 RULES....................................................... 343
D. DELAY IN CONDUCT OF TRIAL .. 331 H. PROCEDURE IN THE SUPREME
E. DISCHARGE OF ACCUSED TO BE COURT ........................................ 343
STATE WITNESS ........................... 331 H.1. UNIFORM PROCEDURE .................. 343
F. DEMURRER TO EVIDENCE ......... 332 H.2. WHAT THE SC MAY DO ON REVIEW
XII. JUDGMENT ................................ 333 ................................................................... 343
A. REQUISITES ............................. 333 H.3. MODES BY WHICH A CASE MAY
A.1. FORM ................................................ 333 REACH THE SC ........................................ 343
A.2. JUDGE WHO RENDERS DECISION 333 H.4. REVIEW OF CA DECISIONS ........... 344
A.3. CONTENTS OF JUDGMENT ............ 333 H.5. GROUNDS FOR DISMISSAL OF
B. STATE LIABILITY FOR UNJUST APPEAL ................................................... 345
CONVICTION ................................. 335 XV. SEARCH AND SEIZURE .............. 346
C. PROMULGATION OF JUDGMENT; A. NATURE OF SEARCH WARRANT 346
INSTANCES OF PROMULGATION OF A.1. IN GENERAL ..................................... 346
JUDGMENT IN ABSENTIA .............. 336 B. APPLICATION FOR SEARCH
C.1. IN GENERAL ..................................... 336 WARRANT .................................... 347
C.2. PROMULGATION IN CERTAIN B.1. WHERE FILED ................................... 347
CIRCUMSTANCES ................................... 336 B.2. SUBSTANCE OF APPLICATION ..... 348
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C. ISSUANCE AND FORM OF SEARCH E. FACTUM PROBANS VERSUS


WARRANT ................................... 348 FACTUM PROBANDUM .................. 361
D. SERVICE OF THE SEARCH F. ADMISSIBILITY OF EVIDENCE ... 362
WARRANT ................................... 348 G. BURDEN OF PROOF AND BURDEN
E. POST-SERVICE ........................ 349 OF EVIDENCE .............................. 364
E.1. RECEIPT OF PROPERTY SEIZED .... 349 H. PRESUMPTIONS ...................... 365
E.2. DELIVERY AND INVENTORY OF I. LIBERAL CONSTRUCTION OF THE
PROPERTY .............................................. 349 RULES OF EVIDENCE ................... 368
F. PROBABLE CAUSE ................... 349 J. QUANTUM OF EVIDENCE (WEIGHT
F.1. PROBABLE CAUSE IN SEARCH AND SUFFICIENCY OF EVIDENCE) 368
WARRANTS ............................................. 349 J.1. PROOF BEYOND REASONABLE
F.2. PERSONAL EXAMINATION BY JUDGE DOUBT..................................................... 368
OF THE APPLICANT AND WITNESSES . 349 J.2. PREPONDERANCE OF EVIDENCE . 369
F.3. PARTICULARITY OF PLACE TO BE J.3. SUBSTANTIAL EVIDENCE ............... 369
SEARCHED AND THINGS TO BE SEIZED J.4. CLEAR AND CONVINCING EVIDENCE
.................................................................. 350 .................................................................. 369
G. EXCEPTIONS TO THE SEARCH II. JUDICIAL NOTICE AND JUDICIAL
WARRANT REQUIREMENT ............. 351 ADMISSIONS ................................... 370
G.1. SEARCH INCIDENTAL TO LAWFUL A. WHAT NEED NOT BE PROVED .. 370
ARREST..................................................... 351 B. MATTERS OF JUDICIAL NOTICE 370
G.2. CONSENTED SEARCH .................... 352 B.1. WHEN MANDATORY ................. 370
G.3. SEARCH OF A MOVING VEHICLE .. 352 B.2. WHEN DISCRETIONARY ................. 370
G.4. CHECKPOINTS; BODY CHECKS IN B.3. WHEN HEARING NECESSARY ......... 371
AIRPORT .................................................. 352 B.4. JUDICIAL NOTICE OF FOREIGN LAWS,
G.5. PLAIN VIEW SITUATION ................. 353 LAW OF NATIONS AND MUNICIPAL
G.6. STOP AND FRISK SITUATION ........ 353 ORDINANCE ............................................ 372
G.7. ENFORCEMENT OF CUSTOMS LAW C. JUDICIAL ADMISSIONS ............. 373
.................................................................. 353 III. OBJECT (REAL) EVIDENCE ........... 374
G.8. OTHER EXCEPTIONS ...................... 354 A. NATURE OF OBJECT EVIDENCE
H.1. WHO MAY AVAIL .............................. 354 374
H.2. MEANS ............................................. 354 B. REQUISITES FOR ADMISSIBILITY
H.3. CIVIL AND CRIMINAL LIABILITY..... 355 374
H.4. WAIVER OF IMMUNITY AGAINST C. CATEGORIES OF OBJECT EVIDENCE
UNREASONABLE SEARCH AND SEIZURE .................................................... 375
.................................................................. 355 C.1. THE THING ITSELF ........................ 375
FLOWCHART: .......................................... 356 C.2. DEMONSTRATIVE EVIDENCE ........ 375
SEARCH WARRANT PROCESS ............. 356 C.3. EPHEMERAL ELECTRONIC
FLOWCHART: .......................................... 357 COMMUNICATIONS ................................ 375
POST-ARREST PROCEDURE FOR D. VIEW OF AN OBJECT OR SCENE 376
WARRANTLESS ARRESTS ..................... 357 E. CHAIN OF CUSTODY IN RELATION
XIV. PROVISIONAL REMEDIES ......... 358 TO SEC. 21 OF THE COMPREHENSIVE
A. NATURE .................................. 358 DANGEROUS DRUGS ACT OF 2002
B. KINDS OF PROVISIONAL REMEDIES .................................................... 376
................................................... 358 F. RULE ON DNA EVIDENCE [AM NO.
B.1. IN GENERAL ..................................... 358 06-11-5-SC] .................................. 377
B.2. PRELIMINARY ATTACHMENT ........ 358 F.1. APPLICATION FOR DNA TESTING
ORDER ..................................................... 377
F.2. POST-CONVICTION DNA TESTING 377
F.3. ASSESSING DNA EVIDENCE ........... 377
Evidence 359 IV. DOCUMENTARY EVIDENCE .......... 378
A. MEANING OF DOCUMENTARY
I. GENERAL PRINCIPLES ................. 360 EVIDENCE .................................... 378
A. CONCEPT OF EVIDENCE ........... 360 B. REQUISITES FOR ADMISSIBILITY
C. EVIDENCE IN CIVIL CASES VERSUS .................................................... 378
EVIDENCE IN CRIMINAL CASES .... 360 C. BEST EVIDENCE RULE .............. 378
D. PROOF VERSUS EVIDENCE ....... 361 C.1. APPLICABILITY .................................. 378
C.2. ORIGINAL DOCUMENT ................... 379
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C.3. EXCEPTIONS [SEC. 3, RULE 130] ... 379 F.4. REASON FOR EXCLUSION OF
D. RULES ON ELECTRONIC EVIDENCE HEARSAY EVIDENCE ............................. 402
[AM NO. 01-7-01-SC] .................... 380 F.5. EXCEPTIONS TO THE HEARSAY RULE
D.1. APPLICABILITY ................................. 380 .................................................................. 402
D.2. ADMISSIBILITY OF ELECTRONIC G. OPINION RULE ....................... 406
DOCUMENTS .......................................... 380 G.1. OPINION OF EXPERT WITNESS [SEC.
D.4. METHOD OF PROOF ....................... 381 49, RULE 130] .......................................... 406
E. PAROL EVIDENCE RULE ........... 382 G.2. OPINION OF ORDINARY WITNESS
E.1. APPLICABILITY ................................. 383 [SEC. 50, RULE 130] ................................ 407
E.2. INTRODUCTION AND PRESENTATION H. CHARACTER EVIDENCE .......... 408
OF PAROL EVIDENCE............................. 383 H.1. CRIMINAL CASES ............................ 408
E.3. COLLATERAL AGREEMENTS ......... 383 H.2. CIVIL CASES .................................... 408
F. AUTHENTICATION AND PROOF OF I. RULE ON EXAMINATION OF A
DOCUMENTS ............................... 384 CHILD WITNESS [AM NO. 004-07-SC]
F.1. PUBLIC AND PRIVATE DOCUMENTS ................................................... 408
.................................................................. 384 I.1. APPLICABILITY OF THE RULE.......... 409
F.7. ATTACKING RECORDS .................... 386 I.2. MEANING OF CHILD WITNESS [SEC.
F.8. PROOF OF NOTARIAL DOCUMENTS 4(A)] ......................................................... 409
.................................................................. 386 CHILD WITNESSES MAY TESTIFY IN A
F.9. HOW TO EXPLAIN ALTERATIONS IN A NARRATIVE FORM AND LEADING
DOCUMENT [SEC. 31, RULE 132]............ 386 QUESTIONS MAY BE ALLOWED BY THE
V. TESTIMONIAL EVIDENCE .............. 387 TRIAL COURT IN ALL STAGES OF THE
A. QUALIFICATIONS OF A WITNESS EXAMINATION IF THE SAME WILL
.................................................... 387 FURTHER THE INTEREST OF JUSTICE.
B. COMPETENCY VERSUS [PEOPLE V. SANTOS, G.R. NO. 172322
CREDIBILITY ................................ 388 (2006)] ........................................... 409
C. DISQUALIFICATIONS OF I.3. COMPETENCY OF CHILD WITNESS 409
WITNESSES ................................. 388 I.4. EXAMINATION OF A CHILD WITNESS
C.1. BY REASON OF MENTAL CAPACITY .................................................................. 409
OR IMMATURITY ..................................... 389 I.5. HEARSAY EXCEPTION IN CHILD
C.2. BY REASON OF MARRIAGE ........... 389 ABUSE CASES [SEC. 28] ......................... 410
C.3. BY REASON OF DEATH OR INSANITY I.6. SEXUAL ABUSE SHIELD RULE ........ 410
OF ADVERSE PARTY (ALSO KNOWN AS VI. OFFER AND OBJECTION ............... 411
DEAD MANS STATUTE OR A. OFFER OF EVIDENCE ................. 411
SURVIVORSHIP RULE) ........................ 390 B.WHEN TO MAKE AN OFFER [SEC. 35,
C.4. BY REASON OF PRIVILEGED RULE 132] ..................................... 412
COMMUNICATIONS ................................ 390 C. OBJECTION [SEC. 36, RULE 132] 412
D. EXAMINATION OF A WITNESS .. 394 C.1. CONCEPT .......................................... 412
D.1. RIGHTS AND OBLIGATIONS OF A C.2. MANNER ........................................... 412
WITNESS [SEC. 3, RULE 132] .................. 394 C.3. PURPOSES OF OBJECTION [RIANO]
D.2. ORDER OF EXAMINATION OF AN ................................................................... 413
INDIVIDUAL WITNESS ............................ 394 C.4. CLASSIFICATION OF OBJECTIONS 413
D.3. LEADING AND MISLEADING C.5. WHEN TO OBJECT ........................... 413
QUESTIONS [SEC. 10, RULE 132] ........... 395 D. RULING ON THE OBJECTION [SEC.
D.4. IMPEACHING A WITNESS .............. 395 38, RULE 132] ............................... 413
D.5. JUDICIAL AFFIDAVIT RULE [AM 12-8- E. STRIKING OUT AN ANSWER [SEC.
8-SC] ........................................................ 396 39, RULE 132] ............................... 414
E. ADMISSIONS AND CONFESSIONS F. TENDER OF EXCLUDED EVIDENCE
.................................................... 397 [SEC. 40, RULE 132] ...................... 414
E.1. EXTRAJUDICIAL ADMISSIONS ........ 397
E.2. RES INTER ALIOS ACTA RULE ....... 398
E.3. OTHER FORMS OF ADMISSIONS ..400
F. HEARSAY RULE ........................ 401
F.1. GENERAL RULE ON HEARSAY ........ 401
F.2. MEANING OF HEARSAY .................. 401
F.3. DOCTRINE OF INDEPENDENTLY
RELEVANT STATEMENTS ....................... 401
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E.1. WHEN AVAILABLE ........................... 422


E.2. WHERE TO FILE............................... 422
E.3. PROCEDURE ................................... 422
Rules of Procedure for E.4. DISTINCTIONS BETWEEN WRIT OF
Environmental Cases 206 KALIKASAN AND WRIT OF CONTINUING
MANDAMUS ............................................423
IV. CRIMINAL PROCEDURE .............. 423
I. SCOPE AND APPLICABILITY OF THE
A. WHO MAY FILE ........................ 423
RULE ............................................... 417
B. INSTITUTION OF CRIMINAL AND
II. CIVIL PROCEDURE ....................... 418
CIVIL ACTION .............................. 423
A. PROHIBITION AGAINST
C. ARREST WITHOUT WARRANT,
TEMPORARY RESTRAINING ORDER
WHEN VALID ............................... 423
AND PRELIMINARY INJUNCTION ... 418
D. STRATEGIC LAWSUIT AGAINST
B. TEMPORARY ENVIRONMENTAL
PUBLIC PARTICIPATION [SLAPP] .. 424
PROTECTION ORDER (TEPO) ......... 418
E. PROCEDURE IN THE CUSTODY AND
B.1. GROUND FOR ISSUANCE ................ 418
DISPOSITION OF SEIZED ITEMS ... 424
B.2. PERIOD OF EFFECTIVITY ................. 419
F. BAIL ........................................ 424
B.3. DUTY OF COURT .............................. 419
G. ARRAIGNMENT AND PLEA ....... 425
B.4. GROUND TO DISSOLVE TEPO ........ 419
G.1. WHEN ............................................... 425
C. DECLARATION OF DEFAULT MOTU
G.2. PLEA-BARGAINING ........................ 425
PROPRIO ...................................... 419
H. PRE-TRIAL .............................. 425
D. PRE-TRIAL CONFERENCE;
I. SUBSIDIARY LIABILITIES ........... 425
CONSENT DECREE ........................ 419
V. EVIDENCE ................................... 425
E. PROHIBITED PLEADINGS AND
A. PRECAUTIONARY PRINCIPLE ... 425
MOTIONS ..................................... 419
B. DOCUMENTARY EVIDENCE ...... 425
F. PERIOD TO TRY AND DECIDE .... 419
B.1. PHOTOGRAPHIC, VIDEO AND SIMILAR
G. JUDGMENT AND EXECUTION;
EVIDENCE MUST BE AUTHENTICATED 425
RELIEFS IN A CITIZEN SUIT ........... 419
B.2. ENTRIES IN OFFICIAL RECORDS AS
G.1. RELIEFS IN A CITIZEN SUIT ............. 419
PRIMA FACIE EVIDENCE........................ 425
G.2. NO DAMAGES CAN BE AWARDED IN
A CITIZEN SUIT ....................................... 420
G.3. JUDGMENT NOT STAYED BY APPEAL
.................................................................. 420
H. PERMANENT ENVIRONMENTAL
PROTECTION ORDER; WRIT OF
CONTINUING MANDAMUS ............ 420
I. STRATEGIC LAWSUIT AGAINST
PUBLIC PARTICIPATION (SLAPP) .. 420
I.1. SLAPP AS A DEFENSE ...................... 420
I.2. QUANTUM OF EVIDENCE ................. 421
I.3. RESOLUTION OF THE DEFENSE OF A
SLAPP ....................................................... 421
III. SPECIAL CIVIL ACTIONS .............. 421
A. WRIT OF KALIKASAN ................ 421
A.1. WHO MAY FILE .................................. 421
A.2. ACTS COVERED BY THE WRIT ........ 421
A.3. WHERE TO FILE ................................ 421
A.4. PROCEDURE .................................... 421
B. PROHIBITED PLEADINGS AND
MOTIONS .................................... 422
C. DISCOVERY MEASURES ........... 422
C.1. OCULAR INSPECTION ..................... 422
C.2. PRODUCTION OR INSPECTION OF
DOCUMENTS .......................................... 422
D. APPEAL ................................... 422
E. WRIT OF CONTINUING MANDAMUS
................................................... 422

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REMEDIAL LAW
CIVIL
PROCEDURE

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I. General Concepts A.3 PROSPECTIVITY/ RETROACTIVITY

GENERAL RULE: Rules of procedure may


A. CONCEPT OF REMEDIAL LAW be modified at any time to become effective
at once, so long as the change does not affect
Rem edial law traditional term given to
vested rights. Moreover, it is equally
the rules which prescribe the procedure for
axiomatic that there are no vested rights to
the protection and enforcement of all claims
rules of procedure. [Zulueta v. Asia Brewery, ,
arising from the rights and duties created by
G.R. No. 138137 (2001)]
law [Riano]
That branch of law which prescribes the EXCEPTIONS: as enumerated in Tan, Jr. v.
method of enforcing rights or obtaining CA (G.R. No. 136368 (2002), citing Agpalo:
redress for their invasion [Bustos v. Lucero, procedural rules do not apply to
G.R. No. L-2068 (1948)]. pending actions:
(1) where the statute itself or by necessary
A.1 SOURCE
implication provides that pending actions
Remedial law is mostly in the Rules of Court.
are excepted from its application;
Circulars of the Supreme Court implementing
(2) if applying the rule to pending actions
the Rules of Court (e.g. Rules on Summary
would impair vested rights;
Procedure) are also sources of remedial law.
(3) when to do so would not be feasible or
The Rules of Court, do not originate from the would work injustice;
legislature and cannot be called laws in the (4) if doing so would involve intricate
strict sense. However, since they are problems of due process or impair the
promulgated by authority of law, they have independence of the courts.
the force and effect of law, if not in conflict
with positive law. The rule is subordinate to B. SUBSTANTIVE LAW VIS--VIS
the statute, and in case of conflict, the statute REMEDIAL LAW
will prevail. [Riano citing Alvero v. Dela Rosa,
G.R. No. L-286 (1946); Shioji v Harvey, G.R. Substantive Law - creates, defines and
No. 18940 (1922)] regulates rights and duties regarding life,
liberty or property which when violated gives
A.2 APPLICABILITY rise to a cause of action [Bustos v. Lucero, G.R.
The Rules of Court shall apply in all the No. L-2068 (1948)]
courts, except as otherwise provided
by the SC. [Sec. 2, Rule 1] SUBSTANTIVE LAW REMEDIAL LAW
It shall govern the procedure to be observed Creates, defines, or Legislation providing
in civil or crim inal actions, and special regulates rights, means or methods
proceedings. [Sec. 3, Rule 1] concerning life, liberty whereby causes of
or property or the action may be
It does not apply to the following cases: powers of agencies or effectuated, wrongs
(1) Election cases, instrumentalities for redressed, and relief
(2) Land registration cases, the administration of obtained; also called
(3) Cadastral cases public affairs Adjective Law
(4) Naturalization cases, Vested rights are
It has no vested rights
possible
(5) Insolvency proceedings
Governs acts and
(6) Other cases not provided for in the Prospective in
transactions which took
Rules of Court application
place (retroactive)
SC is expressly
EXCEPT: by analogy or in a suppletory Cannot be enacted by empowered to
character and whenever practicable and the SC promulgate procedural
convenient [Sec. 4, Rule 1] rules

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C. RULE MAKING POWER OF THE


SUPREME COURT The power of the Supreme Court to suspend
its own rules or to except a particular case
Sec. 5(5), Art. VIII, of the 1987 CONST provides from its operations whenever the purposes of
that that the Supreme Court shall have the justice require it, cannot be questioned. [De
power to promulgate rules concerning: Guzman v. Sandiganbayan, G.R. No.
(1) the protection and enforcement of 103276(1996)]
constitutional rights,
(2) pleading, practice, and procedure in all Compliance with the procedural rules is the
courts; general rule, and abandonment thereof
(3) admission to the practice of law; should only be done in the most exceptional
(4) the Integrated Bar; circumstances. [Pilapil v. Heirs of Briones, G.R.
(5) legal assistance to the underprivileged No. 150175 (2007)]

The same section sets forth the limitations to Litigation is not a game of technicalities, but
the power: every case must be prosecuted in accordance
(1) The rules shall provide a simplified and with the prescribed rules of procedure to
inexpensive procedure for speedy ensure an orderly and speedy administration
disposition of cases; of justice. Only for the most persuasive of
(2) The rules shall be uniform for courts of the reasons can such rules be relaxed to relieve a
same grade; and litigant of an injustice not commensurate
(3) The rules shall not diminish, increase or with the degree of his thoughtlessness in not
modify substantive rights. complying with the procedure prescribed.
[Novateknika v. PNB, G.R. No. 194104 (2013)]
The 1987 Constitution, however, took away
the power of Congress to repeal, alter or Where strong considerations of substantive
supplement rules concerning pleading, justice are manifest in the petition, the strict
practice and procedure. The power to application of the rules of procedure may be
promulgate rules is no longer shared relaxed, in the exercise of its equity
by the Court with Congress, more so jurisdiction. A rigid application of the rules of
with the executive. [Echegaray v. Secretary of procedure will not be entertained if it will
Justice, G.R. No. 132601 (1999)] obstruct rather than serve the broader
interests of justice in the light of the
C.1 POWER OF THE SC TO AMEND prevailing circumstances in the case under
PROCEDURAL RULES consideration. [CMTC Intl Marketing Corp. v.
The SC has the sole prerogative to amend, Bhagis Intl Trading Corp., G.R. No. 170488
repeal, or even establish new rules for a more (2012)]
simplified and inexpensive process, and the
speedy disposition of cases. [Neypes v. CA, Parties praying for the liberal interpretation
G.R. No. 141524 (2005)] of the rules must be able to hurdle that heavy
burden of proving that they deserve an
The constitutional faculty of the Court to exceptional treatment. It was never the
promulgate rules necessarily carries with it Courts intent to forge a bastion for erring
the power to overturn judicial precedents on litigants to violate the rules with impunity.
points of remedial law through the [Prieto v. Alpadi Development Corp., G.R. No.
amendment of the Rules of Court. [Pinga v. 191025 (2013)]
Heirs of Santiago, G.R. No. 170354 (2006)]
Concomitant to a procedure adopting a
C.2 POWER OF SC TO SUSPEND liberal application of the rules should be an
The Rules of Court shall be liberally effort on the part of the party invoking
construed in order to promote their objective liberality to explain his failure to abide by the
of securing a just, speedy and inexpensive rules. [Duremdes v. Duremdes, G.R. No.
disposition of every action and proceeding. 138256 (2003)]
[Sec. 6, Rule 1]
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What constitutes good and sufficient cause D.2 CLASSIFICATION OF PHIL. COURTS
that would merit suspension of the rules is
discretionary upon the courts. [CIR v. Mirant i. Courts of original and appellate
Pagbilao Corp., G.R. No. 159593 (2006)] jurisdiction [Regalado]
Original Appellate
The reasons which would warrant suspension Actions or Have the power to
of the Rules are: proceedings may be review on appeal the
(1) The existence of special and compelling originally decisions or orders of
circumstances; commenced a lower court
(2) The merits of the case;
(3) A cause not entirely attributable to the Appellate jurisdiction refers to a process
fault or negligence of the party favored by which is but a continuation of the original suit,
the suspension; not a commencement of a new action.
(4) A lack of any showing that the reviw [Morales v. CA, G.R. No. 126623 (1997)]
sought is merely frivolous or dilatory; and
(5) The rights of the other party will not be ii. Courts of general and special
unjustly prejudiced thereby. [Sarmiento v. jurisdiction [Regalado]
Zaratan, G.R. No. 167471 (2007)] General Special
Competent to decide
D. NATURE OF PHILIPPINE COURTS their own jurisdiction No power to decide
and to take their own jurisdiction
D.1 MEANING OF A COURT cognizance of all and can only try
kinds of cases, unless cases permitted by
Court an organ of government belonging otherwise provided statute
to the judicial department, the function of by the law or Rules
which is the application of the laws to
controversies brought before it as well as the iii. Constitutional and statutory courts
public administration of justice. Constitutional Statutory
Owe creation and
It is also the place where justice is
existence to the
administered. [Riano citing Blacks Law
Constitution and
Dictionary, Am. Jur. and C. J. S.] Created, organized
cannot be legislated
and with jurisdiction
As Distinguished from a Judge: A court out of existence or
exclusively
is an organ of government with a personality deprived by law of the
determined by law
separate and distinct from the judge who sits jurisdiction and
on it. [People v. Carlos, G.R. No. L-239 (1947)] powers unqualifiedly
vested in them
Court Judge
Tribunal officially iv. Courts of law and equity
Officer of such Law Equity
assembled under
tribunal
authority of law Settle cases
Comparable to a A physical or natural according to the
corporation person Settle cases principles of equity,
according to law referring to principles
Jurisdiction does not attach to the of justice, fairness
judge but to the court. The continuity of and fair play
a court and the efficacy of its proceedings are
not affected by the death, resignation, or
cessation from the service of the judge
presiding over it. [ABC Davao Auto Supply v.
CA, G.R. No. 113296 (1998)]

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Philippine courts are basically courts of law, D.3 PRINCIPLE OF JUDICIAL HIERARCHY
not courts of equity. Equity, which has been
aptly described as a justice outside legality, Doctrine of hierarchy of courts: Where
is applied only in the absence of, and never courts have concurrent jurisdiction over a
against, statutory law. Aequetas nunquam subject matter, a case must be filed before
contravenit legis. [GF Equity, Inc. v. Valenzona, the lowest court possible having the
G.R. No. 156841 (2005)] appropriate jurisdiction, except if one can
advance a special reason which would allow
Equity is available only in the absence of law
direct recourse to a higher court.
and not as its replacement. [PTA of ST.
Matthew Christian Academy v. Metropolitan
The principle of hierarchy of courts requires
Bank and Trust Co., G.R. No. (2010)]
that recourses should be made to the lower
NOTE. In Carceller v. CA [G.R. No. 124791 courts before they are made to the higher
(1999)], the Supreme Court stated courts. [Republic v. Caguioa, G.R. No. 174385
immediately preceding the dispositive portion (2013)]
that: Courts of law, being also courts of
equity, may not countenance such grossly Parties must observe the hierarchy of courts
unfair results without doing violence to its before they can seek relief directly from the
solemn obligation to administer fair and SC the rationale is two-fold:
equal justice for all. (1) It would be an imposition upon the limited
time of the Court; and
v. Superior and Inferior Courts
(2) It would inevitably result in a delay, in the
[Regalado]
adjudication of cases, which are remanded
Superior Inferior
or referred to the lower court as the proper
Are lower in rank, in
forum, or a trier of facts. [People v
Have the power of relation to another
Azarraga, G.R. No. 187117 (2011)]
review or supervision court and subject to
over another and review and
A disregard of the doctrine of hierarchy of
lower court supervision by the
courts warrants, as a rule, the outright
latter
dismissal of a petition. [De Castro v. Carlos,
G.R. No. 194994 (2013)]
vi. Courts of record and not of record
Of record Not of record
The SC may disregard the doctrine if
Proceedings are
warranted by the nature and importance of
enrolled and are
the issues raised in the interest of speedy
bound to keep a
justice and to avoid future litigations.
written record of all
trials and
Direct resort to the SC has been allowed in
proceedings handled Not required to keep
the following cases:
by them [Regalado] a written record or
(1) Where there are special and important
transcript of
reasons clearly stated in the petition;
There is a strong proceedings held
(2) When dictated by public welfare and the
presumption as to therein
advancement of public policy;
the veracity of its
(3) When demanded by the broader interest
records that cannot
of justice;
be collaterally
(4) When the challenged orders were patent
attacked except in
nullities;
cases of fraud
(5) When analogous exceptional and
compelling circumstances called for and
All Philippine courts, including inferior courts,
justified the immediate and direct
are now courts of record. [Riano]
handling by the Court. [Republic v.
Caguioa, G.R. No. 174385 (2013)]

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D.4 DOCTRINE OF NON-INTERFERENCE


Also known as the doctrine of judicial II. Jurisdiction
stability
Jurisdiction: authority to decide a cause.
Courts of equal and coordinate jurisdiction [Tolentino v. Leviste, G.R. No. 156118 (2004)]
cannot interfere with each others orders
[Lapu-Lapu Devt and Housing Corp. v. Group Judicial Power includes the duty of the
Management Corp., G.R. No. 141407 (2002)] courts of justice:
(1) To settle actual controversies
The principle also bars a court from reviewing involving rights, which are legally
or interfering with the judgment of a co-equal demandable and enforceable; and
court over which it has no appellate (2) To determine W ON there has been
jurisdiction or power of review. [Villamor v. grave abuse of discretion amounting
Salas, G.R. No. 101041 (1991)] to lack or excess of jurisdiction on the part
of any branch or instrumentality of
The doctrine applies with equal force to Government. [Sec. 1, Art. VIII, 1987
administrative bodies. When the law provides Constitution]
for an appeal from the decision of an
administrative body to the SC or CA, it means Traditional vs expanded jurisdiction
that such body is co-equal with the RTC in [Araullo v. Aquino, G.R. No. 209287 (2015)]
terms of rank and stature, and logically
beyond the control of the latter [Phil. Sinter Traditional Expanded
Corp. v. Cagayan Electric Power, G.R. No. Addresses the
127371 (2002)]. relationship of parties
to any branch or
The rationale for the rule is founded on the Involves instrumentality of the
concept of jurisdiction: a court that acquires controversies government, and
jurisdiction over the case and renders brought about by allows direct but
judgment therein has jurisdiction over its rights whether limited redress
judgment, to the exclusion of all other public or private against the
coordinate courts, for its execution and over which are government
all its incidents, and to control, in furtherance demandable and available only when a
of justice, the conduct of ministerial officers enforceable against grave abuse of
acting in connection with this judgment. one another discretion on the part
[Cabili v. Balindong, A.M. No. RTJ-10-2225 of government is
(2011)] alleged to have been
committed
GENERAL RULE: No court has the
authority to interfere by injunction with the Judicial review: power of the Court to
judgment of another court of coordinate declare a law, treaty, international or
jurisdiction or to pass upon or scrutinize and executive agreement, presidential decree,
much less declare as unjust a judgment of proclamation, order, instruction, ordinance,
another court or regulation unconstitutional

EXCEPTION: The doctrine of judicial A. ASPECTS OF JURISDICTION


stability does not apply where a third party
claimant is involved this is in consonance
[BOSTON EQUITY RESOURCES, INC.
with the well-established principle that no V. CA, G.R. NO. 173946 (2013)]
man shall be affected by any proceeding to
which he is a stranger. [Sps. Crisologo v. A.1 JURISDICTION OVER THE SUBJECT
Omelio, A.M. No. RTJ-12-2321 (2012), citing MATTER
Sec. 16, Rule 39, and quoting Naguit v. CA, Jurisdiction over the subject matter
G.R. No. 137675 (2000)] the power of a particular court to hear the
type of case that is then before it [Riano citing
Blacks Law Dictionary]
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Jurisdiction over the subject matter of a case


It is the power to hear and determine cases of is conferred by law and determined by the
the general class to which the proceedings in allegations in the complaint which comprise
question belong. [Reyes v. Diaz, G.R. No. L- a concise statement of the ultimate facts
48754 (1941)] constituting the plaintiff's cause of action.
[City of Dumaguete v. PPA, G.R. No. 168973
i. Jurisdiction Versus the Exercise of (2011)]
Jurisdiction
Jurisdiction refers to the power or authority of Jurisdiction over the subject matter is
the court. [Arranza v. BF Homes, G.R. No. conferred only by the Constitution or law, it
131683 (2000)] while the exercise of this cannot be:
power or authority is the exercise of (1) Fixed by the will of the parties;
jurisdiction. (2) Acquired, waived, enlarged, or
diminished by any act or omission of the
Jurisdiction is not the same as the exercise of
parties; or
jurisdiction. As distinguished from the
(3) Conferred by the acquiescence of the
exercise of jurisdiction, jurisdiction is the
courts. [De Jesus v. Garcia, G.R. No. L-
authority to decide a cause, and not the
26816 (1967)]
decision rendered therein. Where there is
(4) Subject to compromise [Art. 2035(5), Civil
jurisdiction over the person and the subject
Code]
matter, the decision on all other questions
arising in the case is but an exercise of the
Generally, the jurisdiction of a court is
jurisdiction. And the errors which the court
determined by the statute in force at the
may commit in the exercise of jurisdiction are
commencement of the action, unless such
merely errors of judgment which are the
statute provides for its retroactive application.
proper subject of an appeal. [Tolentino v.
[Baritua v. Mercader, G.R. No. 136048 (2001)]
Leviste, G.R. No. 156118 (2004)]
ii. Error of Jurisdiction as Once vested by the allegations in the
Distinguished from Error of Judgm ent complaint, jurisdiction also remains vested
Error of jurisdiction Error of judgment irrespective of whether or not the plaintiff is
One where the act One which the court entitled to recover upon all or some of the
complained of was (1) may commit in the claims asserted therein. [City of Dumaguete v.
without jurisdiction, in exercise of its PPA, G.R. No. 168973 (2011)]
excess of jurisdiction, jurisdiction. It
or with grave abuse of includes errors of Jurisdiction is not affected by the pleas set up
discretion amounting procedure or mistakes by the defendant in his answer or in a motion
to lack of jurisdiction. in the courts findings. to dismiss, otherwise, jurisdiction would be
Correctible only by the dependent on his whims. [Sindico v. Diaz, G.R.
extraordinary writ of No. 147444 (2004)]
certiorari.
NOTE: Sec. 8, Rule 40 NOTE: The MTCC does not lose jurisdiction
allows an RTC with over ejectment cases by mere allegation of a
Correctible by appeal.
original jurisdiction tenancy relationship. However, if after
over a case brought on
hearing, tenancy had in fact been shown to
appeal from a lower
be the real issue, the court should dismiss the
court to decide the
case for lack of jurisdiction. [Hilado v. Chavez,
case on the merits.
Ground for reversal
G.R. No. 134742 (2004)]
Renders a judgment only if it is shown that
void or voidable. prejudice has been
caused.

iii. How Conferred and Determ ined


[Medical Plaza Makati Condominium v. Cullen,
G.R. No. 181416 (2013)]
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iv. Doctrine of Prim ary Jurisdiction v. Doctrine of Adherence of


The doctrine of primary jurisdiction holds that Jurisdiction
if a case is such that its determination Also known as doctrine of continuity of
requires the expertise, specialized training jurisdiction
and knowledge of the proper administrative
bodies, relief must first be obtained in an Once the jurisdiction of a court attaches, it
administrative proceeding before a remedy is continues until the case is finally terminated.
supplied by the courts even if the matter may The trial court cannot be ousted therefrom by
well be within their proper jurisdiction. subsequent happenings or events, although
[Province of Aklan v. Jody King Construction of a character that would have prevented
and Devt Corp., G.R. No. 197592 (2013)] jurisdiction from attaching in the first
instance. [Baritua v. Mercader, G.R. No.
The objective of the doctrine of primary 136048 (2001)]
jurisdiction is to guide the court in
determining whether it should refrain from As a consequence, jurisdiction is not affected
exercising its jurisdiction until after an by a new law placing a proceeding under the
administrative agency has determined some jurisdiction of another tribunal, except:
question or some aspect of some question (1) Where there is an express provision in the
arising in the proceeding before the court. statute
[Province of Aklan v. Jody King Construction (2) The statute is clearly intended to apply to
and Devt Corp., G.R. No. 197592 (2013)] actions pending before its enactment.
[People v. Cawaling, G.R. No. 117970
Exceptions: (1998)]
(1) Where there is estoppel on the part of the
party invoking the doctrine; vi. Objections to Jurisdiction over the
(2) Where the challenged administrative act is Subject Matter
patently illegal, amounting to lack of When it appears from the pleadings or
jurisdiction; evidence on record that the court has no
(3) Where there is unreasonable delay or jurisdiction over the subject matter, the court
official inaction that will irretrievably shall dismiss the same. [Sec. 1, Rule 9]
prejudice the complainant;
(4) Where the amount involved is relatively The Court ex mero motu may take cognizance
small; of lack of jurisdiction at any point in the case
(5) Where the question involved is purely where the fact is developed. The court has a
legal and will ultimately have to be clearly recognized right to determine its own
decided by the courts; jurisdiction in any proceeding. [Fabian v.
(6) Where judicial intervention is urgent; Desierto, G.R. No. 129742 (1998)].
(7) When its application may cause great and
The earliest opportunity of a party to raise the
irreparable damage;
issue of jurisdiction is in a motion to dismiss
(8) Where the controverted acts violate due
filed before the filing or service of an answer.
process;
Lack of jurisdiction over subject matter is a
(9) When the issue of non-exhaustion of
ground for a motion to dismiss. [Sec. 1(b),
administrative remedies has been
Rule 16]
rendered moot;
(10) When there is no other plain, speedy, If no motion is filed, the defense of lack of
adequate remedy; jurisdiction may be raised as an affirmative
(11)When strong public interest is involved; defense in the answer. [Sec. 16(6), Rule 16].
and
When the court dismisses the complaint for
(12) In quo warranto proceedings.
lack of jurisdiction over subject matter, it is
[Province of Aklan v. Jody King
submitted that the court should not remand
Construction and Devt Corp., G.R. No.
the case to another court with the proper
197592 (2013)]
jurisdiction. Its only has authority to dismiss
and not to make any other order. [Riano]

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vi. Effect of Estoppel on Objections to


Jurisdiction Jurisdiction over the person of the defendant
is necessary for the court to validly try and
GENERAL RULE: Jurisdiction over the
decide a case only in an action in personam. It
subject matter may be raised at any stage of
is not a prerequisite in an action in rem or
the proceedings, even for the first time on
quasi in rem, provided that the court acquires
appeal. The reason for this is that jurisdiction
jurisdiction over the res. [Alba v. CA, G.R. No.
is conferred by law, and lack of it affects the
164041 (2005)]
very authority of the court to take cognizance
of the action. [Asiatrust Development Bank v
An objection to jurisdiction over the person of
First Aikka Development, Inc., G.R. No. 179558
the defendant may be raised as a ground in a
(2011)]
Motion to Dismiss [Sec. 1(a), Rule 16] or as an
EXCEPTION: Tijam v. Sibonghanoy [G.R. No. affirmative defense in an Answer [Sec. 6, Rule
L-21450 (1968)] espoused the doctrine of 16].
estoppel by laches, which held that a party
may be barred from questioning a courts However, if not raised in such Motion or
jurisdiction after invoking the courts Answer, it is deemed waived. It is not one of
authority in order to secure affirmative relieve those defenses not deemed waived under
against its opponent laches would prevent Section 1, Rule 9. [Boston Equity Resources,
the issue of lack of jurisdiction from being Inc. v. CA, G.R. No. 173946 (2013)]
raised for the first time on appeal by a litigant
whose purpose is to annul everything done in A.3 JURISDICTION OVER THE ISSUES
a trial in which it has actively participated. An issue is a disputed point or question to
[Francel Realty Corp. v. Sycip, G.R. No. 154684 which parties to an action have narrowed
(2005)] down their several allegations and upon
which they are desirous of obtaining a
NOTE: Tijam must be construed as an
decision.
exception to the general rule and applied
only in the most exceptional cases whose
The SC had occasion to note that in some
factual milieu is similar to that in the latter
instances it has been held that the court must
case. [Figueroa v. People, G.R. No. 147406
also have jurisdiction over the issues that is,
(2008)]
the issue being tried and decided by the court
be within the issues raised in the pleadings
A.2 JURISDICTION OVER THE PARTIES
[Reyes v. Diaz, G.R. No. L-48754 (1941)]
A Court must acquire jurisdiction over the
persons of indispensable parties before it can
Generally, jurisdiction over the issues is
validly pronounce judgments personal to the
conferred and determined:
parties. [Regner v. Logarta, G.R. No. 168747
(2007)] (1) by the pleadings of the parties, which
present the issues to be tried and
The manner by which the court acquires determine whether or not the issues are of
jurisdiction over the parties depends on fact or law [Reyes v. Diaz, G.R. No. L-
whether the party is the plaintiff or the 48754 (1941)];
defendant. (2) by stipulation of the parties as when, in
the pre-trial, the parties enter into
Courts acquire jurisdiction over a party stipulations of facts or enter into
plaintiff upon the filing of the complaint. agreement simplifying the issues of the
[Regner v. Logarta, G.R. No. 168747 (2007)] case [Sec. 2, Rule 18];
(3) by waiver or failure to object to evidence
Jurisdiction over the person of the defendant on a matter not raised in the pleadings.
is acquired: Here the parties try with their express or
(1) By his voluntary appearance in court implied consent or issues not raised by the
and his submission to its authority; or pleadings. [Sec. 5, Rule 10]
(2) By service of summons. [Sec. 20, Rule 14;
Macasaet v. Co, G.R. No. 156759 (2013)]
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A.4 JURISDICTION OVER THE RES OR Estrada v. Desierto, G. R. No. 156160


PROPERTY IN LITIGATION (2004)]
Res, in civil law is a thing or object. It is
everything that may form an object of rights The certiorari jurisdiction of the Supreme
as opposed to a persona, which is the Court has been rigorously streamlined, such
subject of rights. It includes object, subject that Rule 65 only admits cases based on the
matter or status. [Riano citing Blacks Law specific grounds provided therein. The Rule
Dictionary] applies if there is no appeal or any other plain,
speedy, and adequate remedy in the ordinary
Jurisdiction over the res refers to the courts course of law. The independent action for
jurisdiction over the thing or the property certiorari will lie only if grave abuse of
which is the subject of the action. discretion is alleged and proven to exist.
[Lagua v. CA, G.R. No. 173390 (2012)]
Jurisdiction over the res may be acquired:
(1) By seizure of the thing under legal process NOTE: That in Araullo v. Aquino III, G.R. No.
whereby, it is brought into actual custody 209287 (2014), the SC held that petitions for
of the law (custodia legis); or, certiorari and prohibition are appropriate
(2) From the institution of legal proceedings remedies to raise constitutional issues and to
wherein, under special provisions of law, review and/or prohibit or nullify the acts of
the power of the court over the property is legislative and executive officials. With
recognized and made effective (potential respect to the Court, however, the remedies
jurisdiction over the res). [Biaco v. of certiorari and prohibition are necessarily
Philippine Countryside Rural Bank, G.R. No. broader in scope and reach, and the writ of
161417 (2007); El Banco Espaol-Filipino v. certiorari or prohibition may be issued to
Palanca, G.R. No. L-11390 (1918)] correct errors of jurisdiction committed not
only by a tribunal, corporation, board or
As early as Perkins v. Dizon [G.R. No. 46631 officer exercising judicial, quasi-judicial or
(1939)], the Court held: In order that the ministerial functions but also to set right,
court may exercise power over the res, it is undo and restrain any act of grave abuse of
not necessary that the court should take discretion amounting to lack or excess of
actual custody of the property, potential jurisdiction by any branch or instrumentality
custody thereof being sufficient. There is of the Government, even if the latter does not
potential custody when, from the nature of exercise judicial, quasi-judicial or ministerial
the action brought, the power of the court functions.
over the property is impliedly recognized by
law. [Marcos, Jr. v. Republic, G.R. No. 189434 Concurrent Original Jurisdiction
(2014)] (1) With CA
(a) Petitions for certiorari, prohibition, and
B. JURISDICTION OF COURTS mandamus against:
(i) Regional Trial Courts;
B.1 SUPREME COURT (ii) Civil Service Commission;
Exclusive Original Jurisdiction (iii) Central Board of Assessment
Petitions for certiorari, prohibition and Appeals;
mandamus against: (iv) NLRC and other Quasi-Judicial
(1) Court of Appeals Agencies
(2) Commission on Elections NOTE: That, although there is
(3) Commission on Audit concurrent jurisdiction as the
(4) Court of Tax Appeals En Banc 1987 Constitution grants this to
(5) Sandiganbayan the SC, SC A.M. No. 07-7-12
(6) Ombudsman in criminal and non- issued on 4 December 2007
administrative disciplinary cases provides that if the petition
[Ombudsman v. Heirs of Margarita Vda. De involves an act/omission of a
Ventura, G.R. No. 151800 (2009), citing Quasi-Judicial Agency, the

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petition shall only be cognizable the CA, via Rule 43 of the Rules of Court. This
by the CA and must be filed there. constitutes an exception to the general rule
(b) Petitions for writ of kalikasan that appeals on pure questions of law are
brought to the SC. [Santos v. Committee on
(2) With RTC in cases affecting ambassadors, Claims Settlement, G.R. No. 158071 (2009)]
public ministers and consuls.
The SC may resolve factual issues in certain
exceptional circumstances:
(3) With CA and RTC
(a) Petitions for certiorari, prohibition and (1) The conclusion is grounded on
mandamus against lower courts and speculations, surmises or conjectures
bodies; (2) The inference is manifestly mistaken,
(b) Petitions for quo warranto; absurd or impossible;
(c) Petitions for writs of habeas corpus. (3) There is grave abuse of discretion;
(4) The judgment is based on a
(4) With CA, RTC and Sandiganbayan misapprehension of facts;
(a) Petitions for writ of amparo and habeas (5) The findings of fact are conflicting;
data. (6) There is no citation of specific evidence on
which the factual findings are based;
Appellate Jurisdiction (7) The finding of absence of facts is
By way of petition for review on certiorari contradicted by the presence of evidence
(appeal by certiorari under Rule 45) against: on record;
(1) CA (8) The findings of the CA are contrary to
(2) Sandiganbayan those of the trial court;
(3) RTC on pure questions of law (9) The CA manifestly overlooked certain
(4) CTA in its decisions rendered en banc relevant and undisputed facts that, if
(5) MetC, MTC, MCTC in the exercise of their properly considered, would justify a
delegated jurisdiction, where the decision, different conclusion;
had it been rendered by RTC, would be (10) The findings of the CA are beyond the
appealable directly to the SC [Sec. 34, BP issues of the case;
129, as amended] (11) Such findings are contrary to the
admissions of both parties.
Only pure questions of law are involved when [Josefa v. Zhandong, G.R. No. 150903 (2003)]
no evidentiary matters are to be evaluated by
the SC. If the only issue is whether or not the B.2 COURT OF APPEALS
conclusions of the trial court are in
consonance with law and jurisprudence, then Exclusive Original Jurisdiction
the issue is a pure question of law. [Urbano v. (1) Actions for annulment of judgments of
Chavez, G.R. No. 87977 (1990)] the RTC [see: Sec. 9(2), BP 129; Sec. 1,
Rule 47]
This appellate jurisdiction applies:
(1) In cases involving the constitutionality or Concurrent Original Jurisdiction
validity of a law or treaty, international or (1) With SC
executive agreement, law, presidential (a) Petitions for certiorari, prohibition, and
decree, proclamation, order, instruction, mandamus against:
ordinance or regulation, legality of a tax, (i) Regional Trial Courts;
impost, assessment, toll or penalty, (ii) Civil Service Commission;
jurisdiction of a lower court; and (iii) Central Board of Assessment
(2) All cases in which the jurisdiction of any Appeals;
court is in issue; (iv) NLRC and other Quasi-Judicial
(3) All cases in which an error or question of Agencies
law is involved NOTE: That, although there is
Note that the SC has held that appeals from concurrent jurisdiction as the
quasi-judicial agencies even only on a 1987 Constitution grants this to
question of law alone may be brought to the SC, SC A.M. No. 07-7-12

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issued on 4 December 2007 assessments, refunds of internal revenue


provides that if the petition taxes, fees or other charges, penalties in
involves an act/omission of a relation thereto, or other matters arising
Quasi-Judicial Agency, the under the NIRC or other laws
petition shall only be cognizable administered by BIR;
by the CA. (2) Inaction by CIR in the above-mentioned
(b) Petitions for writ of kalikasan cases, where the NIRC or other applicable
law provides a specific period of
(2) With SC and RTC action, in which case the inaction shall be
(a) Petitions for certiorari, prohibition and deemed an implied denial;
mandamus against lower courts and (3) Decisions, orders or resolutions of the
bodies; RTCs in local taxes originally decided or
(b) Petitions for quo warranto; resolved by them in the exercise of their
(c) Petitions for writs of habeas corpus. original or appellate jurisdiction;
(4) Decisions of the Commissioner of Customs
(3) With SC, RTC and Sandiganbayan in cases involving liability for customs
(a) Petitions for writ of amparo and habeas duties, fees or other charges, seizure,
data. detention or release of property affected,
fines, forfeitures or other penalties in
Exclusive Appellate Jurisdiction relation thereto, or other matters arising
(1) By ordinary appeal: under the Customs law or other laws
(a) From the RTC and the Family Courts administered by BOC;
(b) Over decisions of the MTCs in cadastral (5) Decisions of the Central Board of
or land registration cases pursuant to Assessment Appeals in the exercise of its
its delegated jurisdiction appellate jurisdiction over cases involving
the assessment and taxation of real
(2) By petition for review: property originally decided by the
(a) From judgments of the RTC rendered provincial or city board of assessment
in its appellate jurisdiction. appeals;
(b) From decisions, resolutions, orders or (6) Decision of the Secretary of Finance on
awards of the Civil Service Commission customs cases elevated to him
and other bodies mentioned in R43; automatically for review from decisions of
and the Commissioner of Customs which are
NOTE: The SC has clarified that the adverse to the government under Sec.
enumeration of the quasi-judicial 2315 of the Tariff and Customs Code;
agencies under Sec. 1, Rule 43 is not (7) Decisions of Secretary of Trade and
exclusive the said Rule is meant to be Industry in the case of non-agricultural
applied to any quasi-judicial agency articles, and the Secretary of Agriculture in
and not just those to those quasi- the case of agricultural articles, involving
judicial agencies listed. [Wong v. Wong, dumping duties and countervailing duties
G.R. No. 180364 (2014), quoting under Secs. 301 and 302, respectively, of
Cayao-Lasam v. Sps. Ramolete, G.R. No. the Tariff and Customs Code, and
159132 (2008)] safeguard measures under RA 8800,
(c) From decisions of the Office of the where either party may appeal the
Ombudsman in administrative decision to impose or not to impose said
disciplinary cases. duties.
Exclusive Original Jurisdiction
B.3 COURT OF TAX APPEALS (1) In tax collection cases involving final and
UNDER RA 9282 and RULE 5, AM 05-11-07 executory assessments for taxes, fees,
CTA charges and penalties, where the principal
amount of taxes and fees claimed,
Exclusive Appellate Jurisdiction: exclusive of charges and penalties, at least
(1) Decisions of Commissioner of Internal P1M.
Revenue in cases involving disputed

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(2) Over all criminal cases arising from B.4 SANDIGANBAYAN [P.D. 1606, AS
violation of the NIRC and the TCC and AMENDED BY R.A. 7975 AND R.A. 10660]
other laws, part of laws, or special laws
administered by the BIR or the BOC where Original Jurisdiction:
the principal amount of taxes and fees, (1) Violations of RA 3019, or the Anti-Graft
exclusive of charges and penalties claimed and Corrupt Practices Act
is less than P1M or where there is no (2) Violations of RA 1379, or the Anti-Ill-
specified amount claimed (the offenses or Gotten Wealth Act
penalties shall be tried by the regular (3) Sequestration cases, under Executive
courts and the jurisdiction of the CTA shall Order Nos. 1, 2, 14, and 14-A
be appellate); (4) Bribery (Chapter II, Sec. 2, Title VII, Book II,
RPC) where one or more of the principal
Exclusive Appellate Jurisdiction accused are occupying the following
(1) In criminal offenses positions in the government, whether in
(a) Over appeals from the judgment, permanent, acting or interim capacity, at
resolutions or orders of the RTC in tax the time of the commission of the offense:
cases originally decided by them, in (a) Officials of the executive branch
their respective territorial jurisdiction, occupying the positions of regional
and director and higher, otherwise
(b) Over petitions for review of the classified as Grade 27 and higher, of
judgments, resolutions or orders of the the Compensation and Position
RTC in the exercise of their appellate Classification Act of 1989 (RA 6758),
jurisdiction over tax cases originally specifically including:
decided by the MeTCs, MTCs, and (i) Provincial governors, vice-
MCTCs in their respective jurisdiction. governors, members of the
(2) In tax collection cases sangguniang panlalawigan, and
(a) Over appeals from the judgments, provincial treasurers, assessors,
resolutions or orders of the RTC in tax engineers, and other provincial
collection cases originally decided by department heads
them in their respective territorial (ii) City mayors, vice-mayors,
jurisdiction; and members of the sangguniang
(b) Over petitions for review of the panlungsod, city treasurers,
judgments, resolutions or orders of the assessors, engineers, and other
RTC in the exercise of their appellate city department heads
jurisdiction over tax collection cases (iii) Officials of the diplomatic service
originally decided by the MeTCs, MTCs occupying the position of consul
and MCTCs in their respective and higher
jurisdiction. (iv) Philippine army and air force
colonels, naval captains, and all
officers of higher rank;
(v) Officers of the Philippine National
Police while occupying the
position of provincial director and
those holding the rank of senior
superintendent and higher
(vi) City and provincial prosecutors
and their assistants, and officials
and prosecutors in the Office of
the Ombudsman and special
prosecutor;
(vii) Presidents, directors or trustees,
or managers of government-
owned or controlled corporations,

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state universities or educational corresponding to Salary Grade 27 or higher,


institutions or foundations. or military and PNP officers mentioned above.
(b) Members of Congress and officials
thereof classified as G-27 and up under Appellate Jurisdiction over final
RA 6758 judgments, resolutions or orders of the RTC
(c) Members of the Judiciary without whether in the exercise of their original or
prejudice to the provisions of the appellate jurisdiction as provided.
Constitution
(d) Chairmen and Members of the Concurrent Original Jurisdiction with
Constitutional Commissions without SC, CA, and RTC for petitions for writs of
prejudice to the provisions of the habeas data and amparo
Constitution
(e) All other national and local officials NOTE: The requisites that the offender
classified as Grade 27 and higher under occupies salary Grade 27 and the offense
RA 6758 must be intimately connected with the official
(5) Other offenses or felonies whether simple function must concur for the SB to have
or complexed with other crimes jurisdiction
committed by the public officials and
employees mentioned in subsection a. of B.5 REGIONAL TRIAL COURTS
section 4 (as amended) in relation to their
office. Exclusive Original Jurisdiction
(6) Civil and criminal cases filed pursuant to (1) The subject matter of the action is
and in connection with EO Nos. 1, 2, 14-A incapable of pecuniary estimation [Sec.
(Sec. 4, RA 8249) 19(1), BP 129]
(7) Petitions for mandamus, prohibition,
certiorari, habeas corpus, inunctions, and Test (Principal Nature of an Action): If
other ancillary writs and processes in aid it is primarily for the recovery of a sum of
of its appellate jurisdiction, and petitions money, the claim is considered capable of
of similar nature, including quo warranto, pecuniary estimation. On the other hand,
arising or that may arise in cases filed or where the basic issue is something other than
which may be filed under Executive Order the right to recover a sum of money, and the
Nos. 1, 2, 14 and 14-A, issued in 1986. money claim is purely incidental to, or a
consequence of, the principal relief sought,
NOTE: Without the office, the crime cannot such actions are cases where the subject of
be committed. the litigation is incapable of pecuniary
estimation. [Heirs of Padilla v. Magdua, G.R.
NOTE: The RTC shall have Exclusive Original No. 176858 (2010), quoting Singson v. Isabela
jurisdiction where the information Sawmill, G.R. No. L-27343 (1979)]
(1) Does not allege any damage to the
government or any bribery; or, An action to nullify a Deed of
(2) Alleges damage to the government or Assignment and Conveyance is not
bribery arising from the same or closely one involving a subject m atter
related transactions or acts in an amount incapable of pecuniary estim ation if
not exceeding P1,000,000. the plaintiff also seeks to the transfer
of possession and control of
Subject to rules promulgated by the SC the properties: In Home Guaranty v. R-II
cases falling under the jurisdiction of the RTC Builders [G.R. No. 192649 (2011)], an action
shall be tried in a judicial region other than that sought the nullification of a Deed of
where the official holds office. Assignment and Conveyance was
characterized by the respondent on an MR
NOTE: Exclusive Original jurisdiction shall before the SC as one involving a subject
be vested in the proper RTC, MeTC, MTC, and matter incapable of pecuniary estimation.
MCTC, as the case may be where none of The SC disagreed and held that since the
the accused are occupying positions action was not solely for the annulment of the

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Deed of Assignment and Conveyance


indeed, the respondent consistently sought (2) Civil actions involving title to, or
the transfer of possession and control of possession of real property, or any interest
properties following the its ruling in Ruby therein, where assessed value exceeds
Shelter Builders and Realty Development Corp. P20,000 outside Metro Manila, or exceeds
v. Formaran III, G.R. No. 175914 (2009), the P50,000 in Metro Manila [Sec. 19(2), BP
subject of the action was not incapable of 129]
pecuniary estimation.
EXCEPTION: Forcible entry and unlawful
However, if the principal nature of an detainer cases [Sec. 33(2), BP 129]
action to cancel a contract to sell,
where the defendant has already An action "involving title to real property"
taken possession of the property, means that the plaintiff's cause of action is
involves a determ ination on whether a based on a claim that he owns such property
suspensive condition has been or that he has the legal rights to have
fulfilled then the subject m atter exclusive control, possession, enjoyment, or
involved is one that is incapable of disposition of the same. Title is the "legal link
pecuniary estimation: In Olivarez Realty v. between (1) a person who owns property and
Castillo [G.R. No. 196251 (2014)], the action (2) the property itself." [Heirs of Sebe v. Heirs
instituted in the trial court was one for the of Sevilla, G.R. No. 174497 (2009)]
cancellation of a contract to sell, and prior to
the institution of the action the defendant (3) If the amount involved exceeds P300,000
had already proceeded to occupy the property outside Metro Manila or exceeds
involved. In this instance, the SC held that the P400,000 in Metro Manila in the
action involved a subject matter that was following cases [BP 129, as amended by
incapable of pecuniary estimation. The RA 7691]:
difference in the ruling of the SC here and in (a) Actions in admiralty and maritime
Home Guaranty lies in that fact that in jurisdiction, where the amount refers
Olivarez Realty, what the plaintiff had to the demand or claim [Sec. 19(3)]
principally sought was a determination that a (b) Matters of probate (testate or
suspensive condition for the perfection of the intestate), where the amount refers to
contract had not been fulfilled: the trial the gross value of the estate [Sec.
court principally determined whether 19(4)]
Olivarez Realty Corporation failed to pay (c) Other actions involving personal
installments of the propertys purchase price property, where the amount refers to
as the parties agreed upon in the deed of the value of the property
conditional sale. The principal nature of (d) Demand for money, where the amount
Castillos action, therefore, is incapable of refers to the demand exclusive of
pecuniary estimation. interest, damages of whatever kind,
attorneys fees, litigation expenses and
SEE ALSO: Heirs of Bautista v. Lindo [G.R. costs [Sec. 19(8)].
No. 208232 (2014)], where an action to
redeem a land subject of a free patent was The exclusion of damages of whatever kind
characterized by the SC as one whose subject applies to cases where the damages are
matter was incapable of pecuniary estimation merely incidental to or a consequence of the
since the reacquisition of the land was merely main cause of action. However, if the claim
incidental to and an offshoot of the exercise for damages is the main cause of action, or
of the right to redeem the land, pursuant to one of the causes of action, the amount of
Sec. 119 of CA 141. such claim shall be considered [Admin Circ.
No. 09-94]
This also includes expropriation proceedings,
which are considered incapable of pecuniary (4) All actions involving the contract of
estimation. [Barangay San Roque v. Heirs of marriage and family relation [Sec. 19(5),
Francisco Pastor, G.R. No. 138896 (2000)] BP 129], and all civil actions falling within

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the exclusive original jurisdiction of the fall due or in cases where the
Juvenile and Domestic Relations Court corporation, partnership of association
and of the Court of Agrarian Reform [Sec. has no sufficient assets to cover its
19(7), BP 129] liabilities, but is under the
management of a Rehabilitation
See Jurisdiction of Family Courts, infra. Receiver or Management Committee.

In areas where there are no Family Courts, (7) Petitions for Declaratory Relief [Sec. 1,
the cases within their jurisdiction shall be Rule 63]
adjudicated by the RTC [Sec. 17, RA 8369]
Concurrent Original Jurisdiction
(5) All cases not within the exclusive (1) With SC in cases affecting ambassadors,
jurisdiction of any court, tribunal, person, public ministers and consuls.
or body exercising judicial or quasi-judicial (2) With SC and CA
functions (General Original (a) Petitions for certiorari, prohibition and
Jurisdiction) [Sec. 19(6), BP 129] mandamus against lower courts and
bodies;
(6) Jurisdiction to Hear and Decide Intra- (b) Petitions for quo warranto;
Corporate Controversies [Sec. 52, (c) Petitions for writs of habeas corpus.
Securities and Regulations Code] (3) With SC, CA and Sandiganbayan
(a) Cases involving devises or schemes (a) Petitions for writ of amparo and habeas
employed by or any acts, of the board data.
of directors, business associates, its (4) With Insurance Commissioner for claims
officers or partnership, amounting to not exceeding P100,000
fraud and misrepresentation which
may be detrimental to the interest of Appellate Jurisdiction over cases decided
the public and/or of the stockholders, by lower courts in their respective territorial
partners, members of associations or jurisdictions, except those made in the
organizations registered with the SEC exercise of delegated jurisdiction, which are
(b) Controversies arising out of intra- appealable in the same manner as decisions
corporate or partnership relations, of the RTC [Sec. 34, BP 129, as amended].
between and among stockholders,
members or associates; between any or Special Jurisdiction - SC may designate
all of them and the corporation, certain branches of RTC to try exclusively
partnership or association of which criminal cases, juvenile and domestic
they are stockholders, members or relations cases, agrarian cases, urban land
associates, respectively; and between reform cases not falling within the jurisdiction
such corporation , partnership or of any quasi-judicial body and other special
association and the state insofar as it cases in the interest of justice.
concerns their individual franchise or
right to exist as such entity
(c) Controversies in the election or
appointments of directors, trustees,
officers or managers of such
corporations, partnerships or
associations
(d) Petitions of corporations, partnerships
or associations to be declared in the
state of suspension of payments in
cases where the corporation,
partnership of association possesses
sufficient property to cover all its debts
but foresees the impossibility of
meeting them when they respectively

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B.6 FAMILY COURTS [RA 8369] B.7 METROPOLITAN TRIAL COURTS/


(1) Criminal cases where one or more of the MUNICIPAL TRIAL COURTS
accused is below 18 or one or more of the
victims was a minor; Exclusive Original Jurisdiction
(2) Petitions for guardianship, custody of (1) If the amount involved does not exceed
children and habeas corpus involving P300,000 outside Metro Manila or does
children; not exceed P400,000 in Metro Manila in
(3) Petitions for adoption of children and the the following cases:
revocation thereof; (a) Actions in admiralty and maritime
(4) Complaints for annulment of marriage, jurisdiction;
declaration of nullity of marriage and (b) Matters of probate (testate or
those relating to status and property intestate);
relations of husband and wife or those (c) Other actions involving personal
living together under different status and property;
agreements, and petitions for dissolution (d) Demand for money;
of conjugal partnership of gains; (2) Actions involving title to, or possession of,
(5) Petitions for support and/or real property, or any interest therein where
acknowledgment; the assessed value of the property or
(6) Summary judicial proceedings brought interest therein does not exceed P20,000
under the provisions of the Family Code; outside Metro Manila or does not exceed
(7) Petitions for declaration of status of P50,000 in Metro Manila
children as abandoned, dependent or (3) Inclusion and exclusion of voters
neglected children, petitions for voluntary (4) Those governed by the Rules on Summary
or involuntary commitment of children, Procedure
the suspension, termination or restoration (5) Forcible entry and unlawful detainer
of parental authority and other cases (FEUD)
cognizable under PD 603, EO 56, s. 1986, (a) With jurisdiction to resolve issue of
and other related laws; ownership to determine ONLY issue of
(8) Petitions for the constitution of the family possession (provisional only)
home; (b) Irrespective of the amount of damages
(9) Cases against minors cognizable under or unpaid rentals sought to be recover
the Dangerous Drugs Act, as amended; (c) Where attorneys fees are awarded, the
(10) Violations of RA 7610, or the Special same shall not exceed P20,000
Protection of Children Against Child {Should these three be just a child of
Abuse, Exploitation and Discrimination FEUD, as done in this version of the
Act; and reviewer, or should these three be
(11) Cases of domestic violence against listed as separate items, as done in the
Women and Children original version?}
(6) Other civil cases, except probate
proceeding, where the total amount of the
plaintiffs claim does not exceed
P200,000 in MM, exclusive of interests
and costs. {Editor does not know the
basis for this item.}

Special Jurisdiction over petition for writ


of habeas corpus OR application for bail in
criminal cases in the absence of all RTC
judges in the province or city

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Delegated Jurisdiction to hear and Concurrent Jurisdiction of Sharia


decide cadastral and land registration cases District Courts
where: The Sharia courts shall have original
(1) There is no controversy over the land jurisdiction concurrently with existing civil
(2) In case of contested lands, the value does courts for:
not exceed P100, 000: (1) Petitions of Muslim for the constitution of
(a) The value is to be ascertained: the family home, change of name and
(i) By the claimants affidavit commitment of an insane person to an
(ii) By agreement of the respective asylum;
claimants, if there are more than (2) All other personal and legal actions not
one mentioned in par. (d) of the immediately
(iii) From the corresponding tax preceding topic, wherein the parties
declaration of the real property involved are Muslims
Exception: those for forcible entry and
NOTE: MTC decisions in cadastral and land unlawful detainer, which shall fall under
registration cases are appealable in the same the exclusive jurisdiction of the MTC.
manner as RTC decisions (3) All special civil actions for interpleader or
declaratory relief wherein the parties are
1st level courts: Muslims or the property involved belongs
(a) Metropolitan Trial Court Metro Manila; exclusively to Muslims
(b) Municipal Trial Courts in Cities situated
in cities Appellate Jurisdiction of Sharia
(c) Municipal Circuit Trial Court composed District Courts
of multi-sala Such courts have appellate jurisdiction over
(d) Municipal Trial Courts in one all cases tried in the Sharia Circuit Courts
municipality within their territorial jurisdiction.

B.8 SHARIA COURTS Exclusive Original Jurisdiction of


Sharia Circuit Courts
Exclusive Original Jurisdiction of (1) Offenses defined and punished under PD
Sharia District Courts 1083
(1) All cases involving custody, guardianship, (2) Disputes relating to:
legitimacy, paternity and filiation arising (a) Marriage;
under the Code of Muslim Personal Laws; (b) Divorce under PD 1083;
(2) All cases involving disposition, distribution (c) Betrothal or breach of contract to
and settlement of estate of deceased marry;
Muslims, probate of wills, issuance of (d) Customary dowry (mahr);
letters of administration of appointment (e) Disposition and distribution of property
administrators or executors regardless of upon divorce;
the nature or aggregate value of the (f) Maintenance and support and
property; consolatory gifts (muta); and
(3) Petitions for the declaration of absence (g) Restitution of marital rights
and death for the cancellation and (3) Disputes relative to communal properties
correction of entries in the Muslim
Registries; The Sharia District Court or the Sharia
(4) All actions arising from the customary Circuit Court may constitute an Agama
contracts in which the parties are Muslims, Arbitration Council to settle certain cases
if they have not specified which law shall amicably and without formal trial. The
govern their relations; and Council is composed of the Clerk of Court as
(5) All petitions for mandamus, prohibition, Chairperson and a representative of each of
injunction, certiorari, habeas corpus and all the conflicting parties.
other auxiliary writs and processes in aid
of its appellate jurisdiction C. JURISDICTION OVER SMALL
CLAIMS
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MTCs, MeTCs and MCTCs shall have (3) Motion for new trial, or for reconsideration
jurisdiction over actions for payment of of a judgment, or for reopening of trial;
money where the value of the claim does not (4) Petition for relief from judgment;
exceed P200,000 exclusive of interest and (5) Motion for extension of time to file
costs [Sec. 2, AM 08-8-7-SC, February 1, pleadings, affidavits, or any other paper;
2016]. (6) Memoranda;
(7) Petition for certiorari, mandamus, or
Applicability [Sec. 2, AM 08-8-7-SC, prohibition against any interlocutory order
February 1, 2016]: all actions which are issued by the court;
purely civil in nature, where the claim or relief (8) Motion to declare the defendant in
prayed for by the plaintiff is solely for default;
payment or reimbursement of sum of money. (9) Dilatory motions for postponement;
(10) Reply;
The claim or demand may be: (11) Third-party complaints; and
(1) For money owed under a contract of lease, (12) Interventions.
loan, services, sale, or mortgage
(2) For liquidated damages arising from E. CASES COVERED BY BARANGAY
contracts; CONCILIATION
(3) The enforcement of a barangay amicable The Lupon of each barangay shall have the
settlement or an arbitration award authority to bring together the parties
involving a money claim covered by this actually residing in the same municipality or
Rule pursuant to Sec. 417 of the LGC. city for amicable settlement of all disputes.

D. CASES COVERED BY RULES ON EXCEPT:


SUMMARY PROCEDURE (1) Where one party is the government or any
subdivision or instrumentality thereof
Civil Cases subject to Summary (2) Where one party is a public officer or
Procedure employee, and the dispute relates to the
(1) All cases of forcible entry and unlawful performance of his official functions
detainer (FEUD), irrespective of the (3) Offenses punishable by imprisonment
amount of damages or unpaid rentals exceeding one (1) year or a fine exceeding
sought to be recovered; and P5,000
(2) All other cases, except probate (4) Offenses where there is no private
proceedings where the total amount of the offended party
plaintiffs claim does not exceed P100,000 (5) Where the dispute involves real properties
(outside Metro Manila) or P200,000 (in located in different cities or municipalities
Metro Manila), exclusive of interest and unless the parties thereto agree to submit
costs. their differences to amicable settlement
by an appropriate lupon
Probate proceedings are not covered by the (6) Disputes involving parties who actually
Rule on Summary Procedure even if the gross reside in barangays of different cities or
value of the estate does not exceed the municipalities, except where such
above-mentioned amounts. barangay units adjoin each other and the
parties thereto agree to submit their
Prohibited Pleadings differences to amicable settlement by an
[Sec. 19, 1991 Revised Rule on Summary appropriate lupon
Procedure] (7) Such other classes of disputes which the
(1) Motion to dismiss the compliant except on President may determine in the interest of
the ground of justice or upon the recommendation of the
(a) Failure to comply with barangay Secretary of Justice
conciliation proceedings; or
(b) Lack of jurisdiction over the subject (8) Any complaint by or against corporations,
matter partnerships, or juridical entities. The
(2) Motion for a bill of particulars; reason is that only individuals shall be
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parties to barangay conciliation


proceedings either as complainants or III. Commencement of
respondents
(9) Disputes where urgent legal action is
Actions to Trial
necessary to prevent injustice from being
committed or further continued, A. ACTIONS
specifically: An ordinary suit in a court of justice by which
(a) A criminal case where the accused is one party prosecutes another for the
under police custody or detention enforcement or protection of a right or the
(b) A petition for habeas corpus by a prevention or redress of a wrong [Potente v.
person illegally detained or deprived of Saulog Transit, G.R. No. L-12300 (1959)]
his liberty or one acting in his behalf
(c) Actions coupled with provisional An action is the legal and formal demand of
remedies, such as preliminary ones right from another person made and
injunction, attachment, replevin and insisted upon in a court of justice. The
support pendente lite determinative operative act, which converts a
(d) Where the action may be barred by claim into an action, is its filing with a court of
statute of limitation justice. [Riano]
(10) Labor disputes or controversies
arising from employer-employee This is distinguished from the cause of action,
relationship which is the fact or combination of facts
(11)Where the dispute arises from the CARL which affords a party a right to judicial
(12) Actions to annul judgment upon a interference in his behalf [Into v. Valle, G.R.
compromise which can be directly filed in No. 145379 (2005)] and which is the basis of
court. ordinary civil actions. [Sec. 1, Rule 2]

NOTE: It is a condition precedent under Rule A.1 KINDS OF ACTIONS


16; can be dismissed but without prejudice
CIVIL ACTION
F. TOTALITY RULE One by which a party sues another for the
Where there are several claims or causes of enforcement or protection of a right, or the
actions between the same or different parties, prevention or redress of a wrong [Sec. 3(a),
embodied in the same complaint, the par. 1, Rule 1]
am ount of the dem and shall be the Ordinary civil action civil action
totality of the claim s in all the claim s that is governed by the rules for ordinary
of action, irrespective of whether the causes civil actions
of action arose out of the same or different Special civil action civil that is
transactions [Sec. 33[1], BP 129]. subject to the specific rules prescribed for
a special civil action but also governed by
the rules for ordinary civil actions [Sec.
3(a), par. 2, Rule 1]

CRIMINAL ACTION
One by which the State prosecutes a person
for an act or omission punishable by law [Sec.
3(b), Rule 1]

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Kinds of Ordinary Civil Actions Special


Action
(1) As to place Proceeding
(a) Transitory action founded on privity As to appeal from an Interlocutory Order
of contract between parties; brought in Cannot be directly
the place where the party resides and immediately Can be immediately
(b) Local - action founded on privity of appealed to the and directly
estate only and there is no privity of appellate court until appealed to the
contract; brought in a particular place after final judgment appellate court
(2) As to object on the merits
(a) Action in rem
(b) Action quasi in rem A.3 PERSONAL ACTIONS AND REAL
(c) Action in personam ACTIONS
(3) As to foundation The distinction is importation for purposes of
(a) Real determining venue: The question whether or
(b) Personal not venue has been properly laid depends to
a great extent on the kind of action (real or
A.2 CIVIL ACTIONS VERSUS SPECIAL personal) presented by the Complaint.
PROCEEDINGS [PICOP v. Samson, G.R. No. L-30175 (1975)]
Civil Action one by which a party sues
REAL ACTION
another for the enforcement or protection of
a right, or the prevention or redress of a An action affecting title to or possession of
real property, or interest therein. [See Sec. 1,
wrong. [Sec. 3(a), par. 1, Rule 1]
Rule 4]
Special Proceeding remedy by which a
party seeks to establish a status, a right, or a A real action is local, i.e. its venue depends
upon the location of the property involved in
particular fact. [Sec. 3(c), Rule 1]
the litigation. [Sec. 1, Rule 4; BPI v.
Special Hontanosas, G.R. No. 157163 (2014)]
Action
Proceeding
Not every action involving real property is a
As to Parties
real action because the realty may only be
Involves at least 1
incidental to the subject matter of the suit.
Involves at least 2 party or 2 or more
See again the cases of Heirs of Bautista and
parties parties in proper
Olivarez Realty: in both cases, the SC held
cases
that the conveyance of real property was only
As to cause of action
incidental to the determination of things that
Does not involve the were incapable of pecuniary estimation.
Involves a right and a
violation of a right,
violation of such right PERSONAL ACTION
instead is concerned
by the defendant, All other actions [Sec. 2, Rule 4]
with the
which causes some
establishment of a A personal action is transitory, i.e. its
damage or prejudice
right (or of a status venue depends upon the residence of the
upon the plaintiff
or a particular fact) plaintiff or of the defendant, at the option of
As to formalities the plaintiff. [Sec. 2, Rule 4; BPI v.
Requires the Hontanosas, G.R. No. 157163 (2014)]
Requires no such
application of legal
formalities, as it
remedies in
may be granted
accordance with the
upon application
prescribed rules
As to governing rules
Ordinary rules of Special rules of
procedure procedure

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A.4 LOCAL AND TRANSITORY ACTIONS ACTION QUASI IN REM


Local action Transitory action One which seeks to directly subject the
One that could be property or interest of named defendants to
One that could be the obligation or lien of the plaintiff.
prosecuted in any
instituted in one
one of several places
specific place [Manila ACTION IN PERSONAM
[Manila Railroad v.
Railroad v. Attorney- One which seeks to enforce personal rights
Attorney-General,
General, G.R. No. L- and obligations brought against the person.
G.R. No. L-6287
6287 (1911)] Its purpose is to impose, through the
(1911)]
Its venue depends judgment of the court, some liability directly
Venue depends upon upon the residence of upon the person of the defendant.
the location of the the plaintiff or of the
property involved in defendant, at the The rule is that: (1) a judgment in rem is
the litigation [BPI v. option of the plaintiff binding upon the whole world, such as a
Hontanosas, G.R. No. [BPI v. Hontanosas, judgment in a land registration case or
157163 (2014)] G.R. No. 157163 probate of a will; and (2) a judgment in
(2014)] personam is binding upon the parties and
their successors-in-interest but not upon
E.g. Action to recover E.g. Action to recover strangers. [Munoz v. Yabut, G.R. No. 142676
real property sum of money (2011)]

If action is founded on privity of contract In actions in personam, courts must


between parties, then the action is transitory. acquire jurisdiction over the person of
[De la Cruz v. El Seminario de la Archidiocesis the parties: recall the Regner case [Regner
de Manila, G.R. No. L-5402 (1911)] v. Logarta, G.R. No. 168747 (2007)], which
clarified that a court must acquire jurisdiction
But if there is no privity of contract and the over the persons of indispensable parties
action is founded on privity of estate only, before it can validly pronounce judgments
such as a covenant that runs with the land in personal to the parties this ruling is
the hands of remote grantees, then the action applicable to actions in personam.
is local and must be brought in the place
where the land lies. [De la Cruz v. El Seminario In actions in rem and quasi in rem ,
de la Archidiocesis de Manila, G.R. No. L-5402 jurisdiction over the person of the
(1911)] parties is not essential: see again the
Biaco case [Biaco v. Phil. Countryside Rural
A.5 ACTIONS IN REM, IN PERSONAM, OR Bank, G.R. No. 161417 (2007)], where the SC
QUASI IN REM clarified that in a proceeding in rem or quasi
The distinction is important to determine in rem, jurisdiction over the person of the
whether or not jurisdiction over the person of defendant is not a prerequisite to confer
the defendant is required, and the type of jurisdiction on the court provided that the
summons to be employed. [Riano] court acquires jurisdiction over the res.

ACTION IN REM
One which seeks to determine the state or
condition of a thing.

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Table: Actions in rem, in personam, A.6 INDEPENDENT CIVIL ACTIONS [SEC. 3,


and quasi in rem RULE 111]
Action An independent civil action may be brought
Action in Action in
quasi in in the cases provided by:
rem personam
rem (1) Art. 32, Civil Code (Violation of
Directed Directed Constitutional rights by a public officer or
Directed
against against employee, or a private individual)
against the
particular particular (2) Art. 33 (defamation, fraud, or physical
thing itself
persons persons injuries)
Jurisdiction (3) Art. 34 (refusal or failure to render aid or
over the protection by a member of the police
Jurisdiction force); and
Jurisdiction person of
over the (4) Art. 2176 (quasi-delict)
over the defendant is
person of
person of not required
the Physical injuries under Art. 33 is used in
defendant as long as
defendant the generic sense, and not in reference to the
required jurisdiction
not required offenses defined in the Revised Penal Code. It
over the res
is required also includes consummated, frustrated, and
Proceeding attempted homicide and death arising from
to subject delict. [Madeja v. Hon. Caro, G.R. No. L-51183
the interest (1983)]
Action to of a named
Proceeding
to determine
impose a defendant B. CAUSE OF ACTION
responsibility over a
the state or
or liability particular CAUSE OF ACTION
condition of
upon a person property to The act or omission by which a party violates
a thing
directly an a right of another. [Sec. 2, Rule 2]
obligation
or lien Every ordinary civil action must be based on a
burdening it cause of action [Sec. 1, Rule 2]
Judgment is
binding only A cause of action stems from the sources of
Judgment
Judgment is upon obligations under Art. 1156 of the Civil Code:
binging
binding on impleaded (1) Law,
upon
the whole parties or (2) Contract,
particular
world their (3) Quasi-contract,
persons
successors in (4) Acts and omissions punishable by law
interest and
E.g. Action (5) Quasi-delict. [Sagrada Orden etc v.
E.g. Probate E.g. for partition; NACOCO, G.R. No. L-3756 (1952)]
proceeding, Collection foreclosure
cadastral suit, Action of real Elements of a Cause of Action:
proceeding for Damages estate (1) Plaintiffs legal right;
mortgage (2) Defendants correlative obligation to
respect plaintiffs right;
(3) Defendants act/omission in violation of
plaintiffs right [Ma-ao Sugar Central v.
Barrios, G.R. No. L-1539 (1947)]

A cause of action must exist at the time of the


filing of the complaint else, the case shall
be dismissible for being a groundless suit.
[Swagman Hotels and Travel v. CA, G.R. No.
161135 (2005), reiterating Surigao Mine
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Exploration v. Harris, G.R. No. L-45543


(1939)] The complaint must contain a concise
statement of the ultimate or essential facts
B.1 RIGHT OF ACTION VERSUS CAUSE OF constituting the plaintiffs cause of action.
ACTION The focus is on sufficiency, not veracity, of the
Right of action Cause of action material allegations. [Anchor Savings Bank v.
The remedial right or Furigay, G.R. No. 191178 (2013)]
The delict or
right to relief granted
wrongful act or TEST OF SUFFICIENCY
by law to a party to
omission committed The test of sufficiency of a cause of action
institute an action
by the defendant in rests on whether, hypothetically admitting
against a person who
violation of the the facts alleged in the complaint to be true,
has committed a
primary rights of the the court can render a valid judgment upon
delict or wrong
plaintiff the same, in accordance with the prayer in
against him
Right to sue as a the complaint. [Heirs of Maramag v. Maramag,
consequence of the The delict or wrong G.R. No. 181132 (2009)]
delict
Determined by the However, there is no hypothetical admission
Whether such acts of the veracity of the allegations if:
averments in the
give him right of (1) The falsity of the allegations is subject to
pleading regarding
action determined by judicial notice;
the acts committed
substantive law (2) The allegations are legally impossible;
by the defendant
(3) The allegations refer to facts which are
There can be no right of action without a inadmissible in evidence;
cause of action being first established (4) By the record or document in the pleading,
[Regalado citing Espaol v. The Chairman of the allegations appear unfounded; or
PVA, G.R. No. L-44616 (1985)] (5) There is evidence which has been
presented to the court by stipulation of the
For an instance where the right of action of a parties or in the course of hearings related
plaintiff was suspended, see again the Ma-ao to the case [Heirs of Maramag v. Maramag,
Sugar Central case [Ma-ao Sugar Central v. G.R. No. 181132 (2009)].
Barrios, G.R. No. L-1539 (1947)] where the SC
had occasion to hold that an EO providing for When the ground for dismissal is that the
a debt moratorium not only suspended the complaint states no cause of action, such fact
execution of the judgment that the court can be determined only from the facts
could render so far as it ordered the payment alleged in the complaint and from no other,
of debts and other monetary obligations, but and the court cannot consider other matters
also suspended the filing of suit in the courts aliunde. [Manaloto v. Veloso III, G.R. No.
of justice for the enforcement of the payment 171635 (2010)]
of debts and other monetary obligations.
Note, however, that there have been
B.2 FAILURE OF THE COMPLAINT TO instances when the SC considered matters
STATE A CAUSE OF ACTION aside from the facts alleged in the
Even if in reality, the plaintiff has a cause of com plaint, such as:
action against the defendant, the complaint (1) Documents attached to the complaint
may be dismissed if the complaint or [Agrarian Reform Beneficiaries Association
pleading asserting the claim states no cause v. Nicolas, G.R. No. 168394 (2008)] this
of action. [Sec. 1(g), Rule 16] case refers to actionable documents which
by express provision of the Rules of Court
The cause of action must unmistakably be are deemed part of the pleading.
stated or alleged in the complaint. All the (2) Appended annexes, other pleadings, and
elements required by substantive law must admissions on record [Zepeda v. China
clearly appear from a mere reading of the Banking Corp., G.R. No. 172175 (2006)]
complaint. [Riano] the jurisprudence establishing this

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supposed exception ultimately points to For a single cause of action or violation of a


dismissals based on a lack of a cause right, the plaintiff may be entitled to several
of action, opposed to a failure of the reliefs. It is the filing of separate complaints
complaint to state a cause of action. for these several reliefs that constitutes
splitting up of the cause of action which is
Failure of the complaint to state a proscribed by the rule against the splitting of
cause of action versus lack of cause of a cause of action. [City of Bacolod v. SM
action Brewery, G.R. No. L-25134 (1969)]
Failure to state a cause of action and lack of
In the event that a plaintiff has omitted to
cause of action are really different from each
include in the complaint one or several other
other. On the one hand, failure to state a
reliefs to which he may be entitled, the
cause of action refers to the insufficiency of
proper remedy of the plaintiff is not to
the pleading, and is a ground for dismissal
institute another or several other actions
under Rule 16 of the Rules of Court. On the
instead he should move to amend the
other hand, lack of cause [of] action refers
com plaint to include the omitted relief or
to a situation where the evidence does not
reliefs. [Bayang v. CA, G.R. No. L-53564
prove the cause of action alleged in the
(1987)]
pleading. [Macaslang v. Zamora, G.R. No.
156375 (2011)]
EFFECTS:
The filing of one or a judgment upon the
B.3 SPLITTING A SINGLE CAUSE OF
merits in any one is available as a ground for
ACTION; EFFECTS
the dismissal of the others. [Sec. 4, Rule 2].
SPLITTING A CAUSE OF ACTION
The act of instituting two or more suits on the The remedy is for the defendant to file a
basis of the same cause of action. [Sec. 4, Motion to Dismiss under Rule 16.
Rule 2]
(1) Filing of the first complaint may be
Splitting a single cause of action is the act of pleaded in abatement of the second
dividing a single or indivisible cause of action complaint, on the ground of litis
into several parts or claims and instituting pendentia [Sec. 1(e), Rule 16]; or
two or more actions upon them. A single (2) A judgment upon the merits in any of the
cause of action or entire claim or demand complaints is available as ground for
cannot be split up or divided in order to be dismissal of the others based on res
made the subject of two or more different judicata [Sec. 1(f), Rule 16]
actions. [Chu v. Sps. Cunanan, G.R. No.
A party may not institute more than one suit
156185 (2011)]
for a single cause of action. [Sec. 3, Rule 2]
TEST OF SINGLENESS OF CAUSE OF
Rationale
ACTION
(1) To prevent repeated litigation between
The tests to ascertain whether two suits
the same parties in regard to the same
relate to a single or common cause of action
subject or controversy;
are:
(2) To protect the defendant from
(1) Whether the same evidence would
unnecessary vexation. Nemo debet vexare
support and sustain both causes of action
pro una et eadem causa (No man shall be
(Sam e Evidence Test)
twice vexed for one and the same cause);
(2) Whether the defenses in one case may be
(3) To avoid the costs and expenses incident
used to substantiate the complaint in the
to numerous suits. [City of Bacolod v. SM
other
Brewery, G.R. No. L-25134 (1969)]
(3) Whether the cause of action in the second
case existed at the time of filing of the
first complaint [Umale v. Canoga Park
Development Corp., G.R. No. 167246
(2011)]

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B.4 JOINDER AND MISJOINDER OF


CAUSES OF ACTION If there is no objection to the improper joinder
or the court did not motu proprio direct a
JOINDER OF CAUSES OF ACTION severance, then there exists no bar in the
The assertion of as many causes of action as simultaneous adjudication of all the
a party may have against another in one erroneously joined causes of action, as long
pleading alone. [Sec. 5, Rule 2] as the court trying the case has jurisdiction
over all of the causes of action therein
It is also the process of uniting two or more notwithstanding the misjoinder. [Ada v.
demands or rights of action in one action. Baylon, G.R. No. (2012)]
[Riano]
If the court has no jurisdiction to try the
Ratio: To avoid a multiplicity of suits and to misjoined action, then it must be severed.
expedite disposition of litigation at minimum Otherwise, adjudication rendered by the court
cost [Ada v. Baylon, G.R. No. (2012)] with respect to it would be a nullity. [Ada v.
Baylon, G.R. No. (2012)]
The rule however is purely permissive as
there is no positive provision of law or any C. PARTIES
rule of jurisprudence which compels a party
to join all his causes of action and bring them PLAINTIFF
at one and the same time. [Nabus v. CA, G.R. One having an interest in the matter of the
No. 91670 (1991)] action or in obtaining the relief demanded.

There is no sanction against non-joinder of The term may either refer to the claiming
separate causes of action since a plaintiff party, counter-claimant, cross-claimant, or
needs only a single cause of action to third-party plaintiff. [Sec. 1, Rule 3]
maintain an action [Regalado].
DEFENDANT
Requisites [Sec. 5, Rule 2] One claiming an interest in the controversy or
(1) The party joining the causes of action shall the subject thereof adverse to the plaintiff.
comply with the rules on joinder of parties;
(2) The joinder shall not include special civil Term may refer to the original defending
actions or actions governed by special party, the defendant in a counterclaim, the
rules; cross-defendant, or the third (fourth, etc.)-
(3) Where causes of action are between the party defendant. [Sec. 1, Rule 3] It also
same parties but pertain to different includes an unwilling co-plaintiff, or one
venues or jurisdictions, the joinder may be who should be joined as plaintiff but refuses
allowed in the RTC provided one of the to give his consent thereto. [Sec. 10, Rule 3]
causes of action are within that courts
jurisdiction and venue lies therein; W ho may be Parties [Sec. 1, Rule 3]
(4) Where the claims in all the causes of (1) Natural persons;
action are principally for recovery of (2) Juridical persons [Art. 44, Civil Code];
money, the aggregate amount claimed (a) The State and its political subdivisions;
shall be the test of jurisdiction (totality (b) Other corporations, institutions and
rule) entities for public interest or public
purpose, created by law; and
MISJOINDER OF CAUSES OF ACTION (c) Corporations, partnerships, and
Misjoinder is not a ground for dismissal of an associations for private interest or
action [Sec. 6, Rule 2] purpose to which the law grants a
judicial personality, separate and
An erroneously joined cause of action may, on distinct from that of each shareholder,
motion of a party or on the initiative of the partner, or member.
court, be severed and proceeded with (3) Entities authorized by law. [Riano]
separately. [Sec. 6, Rule 2]

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(a) A corporation by estoppel is precluded


from denying its existence, and the Interest means material interest or an
members are liable as general partners interest in issue to be affected by the decree
[Sec. 21, Corporation Code] or judgment of the case, as distinguished
(b) A partnership with capital of at least from mere curiosity about the question
P3,000 which fails to comply with the involved. [Ang v. Sps. Ang, G.R. No. 186993
registration requirements is liable as a (2012)]
partnership to third persons [Arts. 1768,
1772, Civil Code] The interest must be real, which a present
(c) The estate of a deceased person is a and substantial interest as distinguished
juridical entity that has a personality of from a mere expectancy or a future,
its own [Limjoco v. Intestate Estate of contingent, subordinate, or consequential
Fragrante, G.R. No. L-770 (1948)] interest. [Rayo v. Metrobank, G.R. No. 165142]
(d) The Roman Catholic Church may be a It should be material and direct, as
party; as to its properties, the distinguished from a mere incidental interest.
Archbishop or diocese to which they [Mayor Rhustam Dagadag v. Tongnawa, G.R.
belong may be a party. [Ponce v. No. 161166-67 (2005)]
Roman Catholic]
(e) A legitimate labor union may sue and Unless authorized by law or the Rules, every
be sued in its registered name [Art. action must be prosecuted or defended in the
242(e), Labor Code] name of the real party in interest. [Sec. 2,
Rule 3]
LEGAL CAPACITY TO SUE
Legal capacity to sue or be sued means that Husband and wife shall sue and be sued
the party is free from general disability (e.g. jointly, except as provided by law. [Sec. 4,
minority or insanity) or, in case of juridical Rule 3]
entities, that it must be duly registered in
accordance with law Exceptions:
(1) Judicial separation of property
Facts showing the capacity of a party to sue (2) Abandonment
or be sued, or the authority of a party to sue (3) Exclusive property of spouses
or be sued in a representative capacity, or the (4) Suits with respect to the practice of
legal existence of an organized association of profession
persons that is made a party, must be averred.
[Sec. 4, Rule 8] REPRESENTATIVES AS PARTIES
A representative is one acting in fiduciary
Legal capacity to Legal personality capacity, such as a trustee of an express trust,
sue to sue a guardian, an executor or administrator, or a
Plaintiffs general party authorized by law or the Rules of Court.
disability to sue, on [Sec. 3, Rule 3]
Plaintiff is not the
account of minority,
real party in interest Where the action is allowed to be prosecuted
insanity,
incompetence, etc. or defended by a representative party, the
Ground for a Motion Ground is failure of beneficiary shall be included in the title of the
to Dismiss is lack of complaint to state a case and shall be deemed to be the real party
capacity to sue [Sec. cause of action. in interest.
1(d), Rule 16] [Sec. 1(g), Rule]
An agent acting in his own name and for the
C.1 REAL PARTY-IN-INTEREST benefit of an undisclosed principal may sue or
REAL PARTY-IN-INTEREST be sued without joining the principal, except
The party who stands to be benefited or if the contract involves things belonging to
injured by the judgment in the suit, or the the principal.
party entitled to the avails of the suit. [Sec. 2,
Rule 3]
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A minor or a person alleged to be A person is not an indispensable party if his


incompetent may sue or be sued, with the interest in the controversy or subject matter is
assistance of his father, mother, guardian, or separable from the interest of the other
if he has none, a guardian ad litem. [Sec. 5, parties, so that it will not necessarily be
Rule 3] directly or injuriously affected by a decree
which does not complete justice between
Minors (represented by their parents) are real them. [Riano]
parties in interest under the principle of
intergenerational responsibility. [Oposa v. Indispensable
Necessary parties
Factoran, G.R. No. 101083 (1993)] parties
Must be joined Should be joined
Failure to Name a Real Party-in- under any and all whenever possible
Interest conditions
If the suit is not brought in the name of or Action can proceed
against the real party-in-interest, a Motion to Presence is a
even in their absence;
Dismiss may be filed on the ground that the condition sine qua
interest is separable
complaint states no cause of action. non for exercise of
from that of the
[Balagtas v. CA, G.R. No. 109073 (1999)]] judicial power
indispensable party
The case may be
Remedies: determined but the
(1) Amendment of pleadings [Alonso v. No valid judgment if
judgment will not
Villamor, G.R. No. L-2352 (1910)]; or not joined.
resolve the entire
(2) Complaint may be deemed amended to controversy
include the real party-in-interest Interests are so far
[Balquidra v. CFI Capiz, G.R. No. L-40490 Interest in the
separable that a final
(1977)] controversy such
decree can be made
that a final decree
in their absence
As an exception, the real litigant may be held would necessarily
without affecting
bound as a party even if not formally affect their rights..
them.
impleaded provided he had his day in court.
[Albert v. University Publishing Co., G.R. No. L- C.3 INDIGENT PARTIES
9300 (1958)] INDIGENT PARTY
(1) One who has no money or property
C.2. INDISPENSABLE AND NECESSARY sufficient and available for food, shelter,
PARTIES and basic necessities [Sec. 21, Rule 3]
INDISPENSABLE PARTY (a) Include an exemption from payment of
A real party-in-interest without whom no docket and other lawful fees, and of
final determination can be had of an action. transcripts of stenographic notes which
[Sec. 7, Rule 3] the court may order to be furnished
him.
NECESSARY PARTY (b) Amount of the docket and other lawful
Not an indispensable party but ought to be fees which the indigent was exempted
joined as a party if complete relief is to be from paying shall be a lien on any
accorded as to those already parties, or for a judgment rendered in the case
complete determination or settlement of the favorable to the indigent, unless the
claim subject of the action [Sec. 8, Rule 3] court otherwise provides.
(c) If the party is not actually
Although joinder of parties is generally indigent under this Rule, the
permissive [Sec. 6, Rule 3] the joinder of a proper docket and other lawful fees
party becomes compulsory when the one shall be assessed and collected by the
involved is an indispensable party. [Sec. 7, clerk of court. If payment is not made
Rule 3] within the time fixed by the court,
execution shall issue or the payment

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thereof, without prejudice to such other C.4 ALTERNATIVE DEFENDANTS


sanctions as the court may impose. Where the plaintiff is uncertain against whom
(2) One whose gross income and that of their of several persons he is entitled to relief, he
immediate familys do not exceed an may join any or all of them in the alternative,
amount double the monthly minimum although a right to relief against one may be
wage of an employee, and who does not inconsistent with a right to relief against the
own real property with a fair market value other. [Sec. 13, Rule 3]
of more than Php 300,000 [Sec. 19, Rule
141]. C.5 COMPULSORY AND PERMISSIVE
(a) Legal fees shall be a lien on any JOINDER OF PARTIES
judgment rendered in the case
favorable to the indigent litigant, COMPULSORY JOINDER [Sec. 7, Rule 3]
unless the court otherwise provides. Parties in interest without whom no final
(b) Any falsity in the affidavits shall be determination can be had of an action (i.e.
sufficient cause to dismiss the indispensable parties) shall be joined either
complaint or action or to strike out the as plaintiffs or defendants.
pleading of that party, without
prejudice to whatever criminal liability The absence of an indispensable parties
may have been incurred. renders all subsequent actions of the trial
court null and void for want of authority to act,
When an application to litigate as an indigent not only as to the absent parties but even as
litigant is filed, the court shall scrutinize the to those present. [Moldes v. Villanueva, G.R.
affidavits and supporting documents to No. 161955 (2012)]
determine if the applicant complies with the
standards prescribed in Sec. 19, Rule 141. If so, Non-Joinder of Necessary Parties [Sec.
the authority to litigate as indigent litigant is 9, Rule 3]
automatically granted and the grant is a When a pleading asserting a claim, omits to
matter of right. join a necessary party, the pleader must:
(1) Set forth the name of the necessary party,
However, if the trial court finds that one or if known, and
both requirements have not been met, then it (2) State the reason why the necessary party
would set a hearing to enable the applicant is omitted. [Sec. 9, par. 1, Rule 3]
to prove that the applicant complies with Sec.
21, par. 1, Rule 3. The adverse party may Non-joinder of a necessary party does not
adduce countervailing evidence. The trial prevent the court from proceeding in the
court will then rule on the application. In action. The judgment rendered therein shall
addition, Section 21, Rule 3 also provides that not prejudice the rights of such necessary
the adverse party may later still contest the party [Sec. 9, par. 3, Rule 3]
grant of such authority at any time before
judgment is rendered by the trial court. If the PERMISSIVE JOINDER [Sec. 6, Rule 3] Parties
court determines after hearing, that the party can be joined, as plaintiffs or defendants, in
declared as an indigent is in fact not, the one single complaint or may themselves
proper docket and other lawful fees shall be maintain or be sued in separate suits.
assessed and collected by the clerk of court. If
payment is not made within the time fixed by Requisites:
the court, execution shall issue or the (1) Right to relief arises out of the same
payment of prescribed fees shall be made, transaction or series of transactions
without prejudice to such other sanctions as Transaction not only a stipulation or
the court may impose. [Sps. Algura v. City of agreement but any event resulting in
Naga, G.R. No. 150135 (2006)] wrong, whether the wrong was done by
violence, neglect, or breach of contract
Series of transactions transactions
connected with the same subject of the
action

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(2) A question of law or fact common to all becomes apparent, a motion to strike the
the plaintiffs or defendants names of the parties must be made.
(3) Such joinder is not otherwise proscribed
by the rules on jurisdiction and venue Objections to misjoinder cannot be raised for
the first time on appeal [Lapanday
NOTE: Compare to Joinder of Causes of Agricultural & Development Corporation v.
Action where it is enough if the causes of Estita, G.R. No. 162109 (2005)]
action arise out of the same contract, as there
is no need for a common question of fact or C.7 CLASS SUIT
law.
Requisites [Sec. 12, Rule 3]
C.6 MISJOINDER AND NON-JOINDER OF (1) Subject matter of the controversy is
PARTIES one of common or general interest to many
persons;
MISJOINDER (2) The persons are so numerous that it is
When one is made a party to the action impracticable to join them all as parties,
although he should not be impleaded. and to bring them all before the court;
(3) Parties actually before the court are
NON-JOINDER sufficiently numerous and representative
When one is not joined when he is supposed of the class as to fully protect the interests
to be joined but is not impleaded in the action. of all concerned;
[Riano] (4) The representative sues or defends for the
benefit of all.
Neither misjoinder nor non-joinder of parties
is a ground for dismissal of an action. [Sec. 11, In a class suit, any party in interest shall have
Rule 3] the right to intervene to protect his individual
interest. [Sec. 12, Rule 3]
Non-joinder of an indispensable party
is not a ground for outright dismissal of the If a class suit is improperly brought, the
action. If the plaintiff refused to implead an action is subject to dismissal regardless of
indispensable party despite order of the court, the cause of action. [Sec. 1(d), Rule 16]
that court m ay dism iss the com plaint
for the plaintiffs failure to comply with the However, no class suit may be dismissed
order. [Pamplona Plantation v. Tinghil, G.R. upon the instance of the plaintiff or
No. 159121 (2005)]. compromised, without the approval of the
court. [Sec. 2, Rule 17]
If the court finds the reason for the non-
joinder of a necessary party A taxpayer's suit or a stockholder's derivative
unmeritorious, it may order the inclusion of suit is in the nature of a class suit, although
such necessary party, if jurisdiction over his subject to the other requisites of the
person may be obtained. Failure to comply corresponding governing law especially on
with such order without justifiable cause is the issue of locus standi. [Regalado]
deemed a waiver of the claim against
such party. [Sec. 9, pars. 1-2, Rule 3] A derivative suit is action brought by
minority shareholders in the name of the
Parties may be dropped or added by order of corporation to redress wrongs committed
the court on motion of any party or on its own against it, for which the directors refuse to
initiative at any stage of the action and on sue. It is a remedy designed by equity and has
such terms as are just. [Sec. 11, Rule 3] been the principal defense of the minority
shareholders against abuses by the majority.
Objections to defects in parties
Objections should be made at the earliest In a derivative action, the real party in interest
opportunity. At the moment such defect is the corporation itself, not the shareholders

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who actually instituted it [Lim v. Lim Yu, G.R.


No. 138343 (2001)] Failure to comply is a ground for disciplinary
action.
There is no class suit in an action filed by
associations of sugar planters to recover ACTION OF COURT UPON NOTICE OF
damages in behalf of individual planters for DEATH
an allegedly libelous article in an Upon receipt of notice, shall determine if
international magazine. There is no common claim is extinguished by such death.
or general interest in reputation of a specific (1) Claim does not survive: the proper
individual. Each of the sugar planters has a action would be to dismiss the case.
separate and distinct reputation in the Substitution would not be required.
community not shared by the others. (2) Claim survives: the court shall order the
[Newsweek, Inc. v. Intermediate Appellate legal representative of the deceased to
Court, G.R. No. 63559 (1986)] appear and be substituted for him within
30 days, or within such time as may be
A class suit does not require a commonality granted.
of interest in the questions involved in the
suit. What is required by the Rules is a SURVIVAL OF ACTION
common or general interest in the subject Survival depends on the nature of the action
matter of the litigation. [Mathay v. and the damage sought
Consolidated Bank & Trust Company, G.R. No. (1) Causes of Action that Survive:
L-23136 (1974)] (a) The wrong complained of affects
primarily and principally property and
C.8 SUITS AGAINST ENTITIES WITHOUT property rights
JURIDICAL PERSONALITY (b) Injuries to the person are merely
incidental
Requisites [Sec. 15, Rule 3] (c) E.g. Purely personal actions like
(1) There are 2 or more persons not organized support
as a juridical entity; (2) Causes of Action that do not Survive:
(2) They enter into a transaction; (a) The injury complained of is to the
(3) A wrong is committed against a 3rd person
person in the course of such transaction. (b) Property and property rights affected
are incidental
Persons associated in an entity without (c) E.g. actions to recover real and
juridical personality may be sued under the personal property or to enforce liens
name by which they are generally or thereon
commonly known, but they cannot sue under
such name. [Sec. 15, Rule 3] Court may order the opposing party to
procure the appointment of an administrator
The service of summons may be effected or executor of the estate in the ff. cases:
upon all the defendants by serving upon any (1) No legal representative is named; or
of them, or upon the person in charge of the (2) The one so named fails to appear within
office or place of business maintained under the specified period. [Sec. 16, Rule 3]
such name. [Sec. 8, Rule 14]
The substitute defendant need not be
C.9 EFFECT OF DEATH OF A PARTY- summoned. The order of substitution shall be
LITIGANT served upon the parties substituted for the
court to acquire jurisdiction over the
DUTY OF COUNSEL UPON DEATH OF substitute party. [Ferreria v Vda de Gonzales,
CLIENT [Sec. 16, Rule 3] G.R. No. L-11567 (1986)]
(1) Inform court of such fact within 30 days
after the death;
(2) Give the name and address of the legal
representatives.

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DEATH OR SEPARATION OF A PARTY WHO TRANSFER OF INTEREST DURING


IS A PUBLIC OFFICER PENDENCY OF ACTION
Requisites [Sec. 17, Rule 3] GENERAL RULE: The rule does not
(1) That the public officer is a party to an consider the transferee an indispensable
action in his official capacity; party. Hence, the action may proceed without
(2) That during the pendency of the action, he the need to implead him.
either dies/resigns or otherwise ceases to
hold office; EXCEPTION When the substitution by or
(3) That any party shows to the satisfaction of joinder of the transferee is ordered by court.
the court, within 30 days after the [Sec. 19, Rule 3]
successor takes office, that there is a
substantial need to continue or maintain The case is dismissed if the plaintiffs interest
the action; is transferred to defendant unless there are
(4) That the successor adopts or continues his several plaintiffs, in which case the remaining
predecessors action, or threatens to do plaintiffs can proceed with their own cause of
so; and action.
(5) The party or officer affected:
(a) Assented to the substitution, or D. VENUE
(b) Was given reasonable notice of the Venue is related only to the place of trial or
application, and opportunity to be the geographical location in which an action
heard or proceeding should be brought and does
not equate to the jurisdiction of the court.
ACTION ON CONTRACTUAL MONEY CLAIMS [Spouses Mendiola v. CA, G. R. No. 159746
Requisites [Sec. 20, Rule 3] (2012)]
(1) The action must primarily be for recovery
of money, debt or interest thereon; It is a procedural, not a jurisdictional matter.
(2) The claim arose from express or implied [Phil. Banking v. Tensuan, G.R. No. 104649
contract; (1994)]
(3) Defendant dies before the entry of final
judgment in the court in which the action Choosing the venue of an action is not left to
was pending. a plaintiffs caprice; the matter is regulated
(4) The defendants death will not result in by the Rules of Court. [Ang v. Sps. Ang, G.R.
the dismissal of the action. No. 186993 (2012)]

Effect On Dismissal
There shall be substitution in the manner A motu propio dismissal based on improper
provided under Sec. 16, Rule 3, and the action venue is patently incorrect. [Sec. 1, Rule 9;
will continue until the entry of final judgment. Dolot v. Paje, G.R. No. 199199 (2013)]
However, execution shall not issue in favor of
the winning plaintiff. It should be filed as a Unless and until the defendant objects to the
claim against the decedents estate without venue in a motion to dismiss, the venue
need of proving the claim. cannot truly be said to have been improperly
laid because the venue, although technically
INCOMPETENCY OR INCAPACITY OF A wrong, may be acceptable to the parties for
PARTY DURING THE PENDENCY OF THE whose convenience the rules of venue had
ACTION been laid. [Dacuycoy v. IAC, G.R. No. 74854
The Court, upon motion with notice, may (1991)]
allow the action to be continued by or against
the incapacitated person, assisted by his However, the court may effect a motu propio
legal guardian or guardian ad litem. [Sec. 18, dismissal for improper venue, inter alia, in
Rule 3] actions covered by the Rules on Summary
Procedure [Sec. 4], Rule of Procedure for
Small Claims cases [Sec. 9], and in ejectment
cases [Sec. 5, Rule 70].
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(2) objects of distinct transactions separate


D.1 VENUE VERSUS JURISDICTION actions should be filed in each place
Venue Jurisdiction unless properly joined.
Power of the court to
Place where the D.3 VENUE OF PERSONAL ACTIONS
hear and decide a
action is instituted All other actions may be commenced and
case
Jurisdiction over the tried, at the plaintiffs election,:
subject matter and (1) Where the plaintiff or any of the principal
over the nature of plaintiffs resides;
May be waived (2) Where the defendant or any of the
the action is
conferred by law and principal defendants resides;
cannot-be waived (3) In case of a non-resident defendant,
Procedural Substantive where he may be found. [Sec. 2, Rule 4]
Is fixed by law and
May be changed by The plaintiff or the defendant must be
cannot be the
the written residents of the place where the action has
subject of the
agreement of the been instituted at the time the action is
agreement of the
parties commenced. [Ang v. Sps. Ang, G.R. No.
parties
Establishes a relation 186993 (2012)]
Establishes a
between plaintiff and
relation between the The residence of a person is his personal,
defendant, or
court and the subject actual or physical habitation or his actual
petitioner and
matter residence or place of abode, which may not
respondent
Not a ground for a necessarily be his legal residence or domicile
motu propio dismissal provided he resides therein with continuity
Lack of jurisdiction and consistency. [Boleyley v. Villanueva, G.R.
over the subject No. 128734 (1999)]
Exceptions:
matter is a ground
- cases on summary
for a motu proprio A corporation cannot be allowed to file
procedure
dismissal. personal actions in a place other than its
- Small claims cases
- ejectment cases principal place of business unless such place
is also the residence of a co-plaintiff or
D.2 VENUE OF REAL ACTIONS defendant. [Davao Light v. Court of Appeals,
Real actions shall be commenced and tried in G.R. No. 111685 (2001)]
the proper court which has jurisdiction over
the area wherein the real property involved or D.4 VENUE OF ACTIONS AGAINST NON-
a portion thereof is situated. [Sec 1(1), Rule 4] RESIDENTS
Non-resident found in the Philippines
Forcible entry and detainer actions shall be (1) For personal actions
commenced and tried in the municipal court (a) Where the plaintiff, or any of the
of the municipality or city wherein the real principal plaintiffs, resides; or
property involved, or a portion thereof, is (b) Where the non-resident defendant
situated. [Sec. 1(2), Rule 4] may be found [Sec. 2, Rule 4]
(2) For real actions -- where the property is
If the property is located at the boundaries of located [Sec. 1, Rule 4]
2 places, file the case in either place (at the
plaintiffs option). Non-resident not found in the
Philippines
If the case involves 2 properties located in 2 (1) Involves personal status of plaintiff
different places: where plaintiff resides
(1) objects of the same transaction file it in (2) Involves property of defendant in the
any of the 2 places; Philippines where the property, or any
portion thereof, is situated or found [Sec.
3, Rule 4]

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venue. [Briones v. CA and Cash Asia, G.R. No.


When there is more than one defendant or 204444 (2015)]
plaintiff, the residences of the principal
parties should be the basis for determining E. PLEADINGS
proper venue [Herrera] Pleadings are the written statements of the
respective claims and defenses of the parties,
D.5 WHEN THE RULES ON VENUE DO NOT submitted to the court for appropriate
APPLY judgment [Sec. 1, Rule 6]
(1) If a specific rule or law provides
otherwise (e.g. action for damages arising Every pleading shall contain in a methodical
from libel); and logical form, a plain, concise and direct
(2) If there is a stipulation as to venue statement of the ultimate facts on which the
which is permitted if the agreement: party pleading relies for his claim or defense,
(a) Is in writing; as the case may be, omitting the statement of
(b) Was made before the filing of the mere evidentiary facts. [Sec. 1, Rule 8]
action; and
(c) Is the exclusive venue. [Sec. 4, Rule 4] Pleadings versus Motions
Pleading Motion
D.6 EFFECTS OF STIPULATION ON VENUE Purpose is to submit Purpose is to apply
Written stipulations as to venue may be a claim or defense for an order not
restrictive in the sense that the suit may be for appropriate included in the
filed only in the place agreed upon, or merely judgment judgment
perm issive in that the parties may file their Cannot be initiatory;
suit not only in the place agreed upon but Always made in a
also in the places fixed by law. [Briones v. CA May be initiatory
case already filed in
and Cash Asia, G.R. No. 204444 (2015)] court
Always filed before May be filed even
To be binding, the parties must have agreed judgment after judgment
on the exclusive nature of the venue of any Only 9 kinds of Any application for
prospective action between them. The pleading are allowed relief not by a
agreement of parties must be restrictive and by the rules pleading is a motion
not permissive. [Regalado] May be oral when
made in open court
In the absence of qualifying or Must be written
or in the course of a
restrictive words (e.g. hearing or trial
only/solely/exclusively in such court),
venue stipulation is m erely permissive;
E.1 KINDS OF PLEADINGS
that is, the stipulated venue is in addition to
Pleadings Allowed
the venue provided for in the rules. [Polytrade
(1) Complaint
Corp. v. Blanco, G.R. No. L-27033 (1969)]
(2) Answer
(3) Counterclaim
The court may declare agreements on venue
(4) Cross-claim
as contrary to public policy if such stipulation
(5) Third (fourth, etc.)-party Complaint
unjustly denies a party a fair opportunity to
(6) Complaint-in-intervention
file suit in the place designated by the Rules
(7) Reply [Sec. 2, Rule 6]
[Regalado, citing Hoechst Philippines v Torres,
(8) Counter-counterclaims [Sec. 9, Rule 6]
G.R. No. L-44351 (1978)].
(9) Counter-crossclaims [Sec. 9, Rule 6]
However, a complaint directly assailing the
validity of the written instrument itself should
not be bound by the exclusive venue
stipulation contained therein and should be
filed in accordance with the general rules on

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COMPLAINT Kinds of Defenses [Sec. 5, Rule 6]


The pleading alleging the plaintiffs cause/s (1) Negative Defenses - Specific denials of
of action. [Sec. 3, Rule 6] the material facts alleged in the pleading
of the claimant essential to his cause of
Function action.
(1) To inform the defendant clearly and (2) Affirmative Defenses - Allegations of
definitely of the claims made against him new matters which, while hypothetically
so that he may be prepared to meet the admitting the material allegations in the
issues at trial. claimants pleading, would nevertheless
(2) To inform the defendant of all material prevent or bar recovery, by way of
facts on which the plaintiff relies to confession and avoidance.
support his demand.
(3) To state the theory of a cause of action A denial does not become specific merely
which forms the bases of plaintiffs claim because it is qualified by that word. [Agton v.
of liability. [Tantuico v. Republic, G.R. No. CA, G.R. No. L-37309 (1982)]
89114 (1991)]
A general denial will be deemed an
Ultim ate Facts are essential facts admission of the material averments in the
constituting the plaintiffs cause of action. A complaint. [Sec. 11, Rule 8]
fact is essential if it cannot be stricken out
without leaving the statement of the cause of Modes of Specific Denial
action insufficient. [Remitere v. Montinola, (1) Specific Absolute Denial - Defendant
G.R. No. L-19751 (1966)] must specify each material allegation of
fact the truth of which he does not admit,
Non-Ultim ate Facts: and, whenever applicable, set forth the
(1) Evidentiary or immaterial facts; substance of matters relied upon to
(2) Legal conclusions, conclusions or support the denial
inferences of facts from facts not stated, (2) Partial Specific Denial - If pleader
or incorrect inferences or conclusions decides to deny only a part or a
from facts stated; qualification of an averment:
(3) Conclusions of law alleged in the (a) He shall specify so much of it as is true
complaint are not binding on the court. and material
(4) The details of probative matter or (b) He shall deny the remainder
particulars of evidence, statements of law, (3) Denial by Disavowal of Knowledge
inferences and arguments. The defendant states that he is without
knowledge or information sufficient to
ANSWER form a belief as to the truth of a material
The pleading where the defendant sets forth averment; has the effect of a denial [Sec.
his affirmative and/or negative defenses. [Sec. 10, Rule 8]
4, Rule 6]
Negative Pregnant - a denial pregnant
It may be directed toward a complaint, a with the admission of the substantial facts in
counterclaim, a cross-claim, or a third (fourth, the pleading responded to which are not
etc.)-party complaint. squarely denied. It is in effect an admission of
the averment it is directed to. [Philamgen v.
Sweet Lines, G.R. No. 87434 (1993)]

While it is a denial in form, its substance


actually has the effect of an admission
because of a too literal denial of the
allegation sought to be denied. This arises
when the pleader merely repeats the
allegations in a negative form. [Riano]

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COUNTERCLAIM (3) It must be cognizable by the regular


Any claim which a defending party may have courts of justice, and within the courts
against an opposing party. [Sec. 6, Rule 6] jurisdiction both as to the amount and
the nature. [Sec. 7, Rule 6]
Kinds of Counterclaims
Compulsory Permissive A plaintiff who fails or chooses not to answer
counterclaim counterclaim a compulsory counterclaim may not be
Arises out of or is declared in default, principally because the
necessarily issues raised in the counterclaim are deemed
connected with the Neither arises out of automatically joined by the allegations in the
transaction or nor is necessarily complaint. [Gojo v. Goyala, G.R. No. L-26768
occurrence that is the connected with such (1970)]
subject matter of the subject matter
opposing party's The filing of a motion to dismiss and the
claim. setting up of a compulsory counterclaim are
Does not require for incompatible remedies. If he files a motion to
May require the dismiss, he will lose his counterclaim. But if
its adjudication the
presence of third he opts to set up his counterclaim, he may
presence of third
parties over whom still plead his ground for dismissal as an
parties of whom the
the court cannot affirmative defense in his answer. [Financial
court cannot acquire
acquire jurisdiction. Building Corp. v. Forbes Park Association, G.R.
jurisdiction.
Not barred even if No. 133119 (2000)]
Barred if not set up in
not set up in the
the action. On Amounts
action.
Must be answered, In an original action before the RTC, the
Need not be counterclaim may be considered
otherwise, the
answered; no compulsory regardless of the amount.
defendant can be
default. [Sec. 7, Rule 6]
declared in default.
Not an initiatory If a counterclaim is filed in the MTC in
pleading; does not Initiatory pleading excess of its jurisdictional limits, the
require CNFS excess is considered waived. [Agustin v.
Bacalan, G.R. No. L-46000 (1985)]
NOTE: Under OCA Circular No. 96-2009, However, in another case, the remedy
citing A.M. No. 04-2-04 SC, the payment of where a counterclaim is beyond the
filing fees for compulsory counterclaims jurisdictional amount of the MTC is to set
remains suspended effective September 21, off the claims and file a separate action to
2004. It clarified that the portion of the collect the balance. [Calo v. Ajax, G.R. No.
decision in Korea Technologies v. Lerma, G.R. L-22485 (1968)] Note, however, that the
No. 143581, which stated that docket fees are counterclaim in question here was
required to be paid in compulsory permissive.
counterclaims has been deleted in a revised
issuance. Permissive Counterclaim
A counterclaim is permissive if it does not
Compulsory Counterclaim arise out of, nor is necessarily connected with,
the subject matter of the opposing partys
Requisites: claim This is not barred even if not set up in
(1) It arises out of, or is necessarily the action.
connected with the transaction or
occurrence, constituting the subject Must have independent jurisdictional ground
matter of the opposing party's claim; [Herrera]. Hence, the filing of a separate
(2) It does not require for its adjudication the docket fee.
presence of third parties of whom the
court cannot acquire jurisdiction; NOTE: If the counterclaim, even if it arises
out of, or is necessarily connected with, the
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subject matter of the opposing partys claim, In all these cases, the rules expressly provide
matures or is acquired by a party after serving that the dismissal shall be without
his pleading, i.e. the Answer, it is merely prejudice to the right of the
permissive. [Sec. 9, Rule 11] defendant to pursue his counterclaim
in the sam e or in a separate action.
Determ ining whether Com pulsory or
Permissive How Raised
(Also known as logical relationship (1) By including it in the Answer
test) A compulsory counterclaim or a cross-
claim that a defending party has at the
A positive answer on all four the following tim e he files his answer shall be
tests would indicate that the counterclaim is contained therein. [Sec. 8, Rule 11]
compulsory: (2) By filing after the Answer
(1) Are the issues of fact and law raised by the (a) A counterclaim may be set up, by leave
claim and counterclaim largely the same? of court, by am endm ent before
(2) Would res judicata bar a subsequent suit judgm ent, when:
on defendants claims, absent the (i) it is not set up due to oversight,
compulsory counterclaim rule? inadvertence, or excusable
(3) Will substantially the same evidence neglect, or
support or refute plaintiffs claim as well (ii) when justice requires [Sec. 10,
as the counterclaim? Rule 11]
(4) Is there any logical relation between the (b) A counterclaim, which either matured
claim and counterclaim? [GSIS v. Heirs of or was acquired by a party after serving
Caballero, G.R. No. 158090 (2010)] his pleading, with permission of the
court, may be set up in a supplemental
There is a logical relationship where pleading before judgment. [Sec. 9,
conducting separate trials of the respective Rule 11]
claims would entail substantial duplication of
effort and time and involves many of the CROSS-CLAIM
same factual and legal issues. [Meliton v. CA, Any claim by one party against a co-party
G.R. No. 101883 (1992)] arising out of the transaction or occurrence
that is the subject matter either of the
Effect on Counterclaim when original action or of a counterclaim therein.
Complaint is dismissed Such cross-claim may include a claim that
The case may be dismissed, with a the party against whom it is asserted is or
counterclaim set up under any of the may be liable to the cross-claimant for all or
following circumstances: part of a claim asserted in the action against
(1) Dismissal under Sec. 6, Rule 16 where the cross-claimant. [Sec. 8, Rule 6]
the defendant does not file motion to
dismiss but raises the ground as an A cross-claim is generally compulsory. A
affirmative defense cross-claim not set up shall be barred. [Sec. 2,
(2) Dismissal under Sec. 2, Rule 17 where Rule 9]
the plaintiff files a motion to dismiss the
case, after the defendant had filed a Exceptions (perm issive cross-
responsive pleading claim s) are when:
(3) Dismissal under Sec. 3, Rule 17 where (1) The claim is outside the courts
the complaint is dismissed due to the fault jurisdiction;
of the plaintiff (2) The court cannot acquire jurisdiction over
3rd parties whose presence is necessary
for the adjudication of said cross-claim.
(3) The Cross-claim matured or was acquired
after service of Answer

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Effect on Cross-claim when Com plaint counterclaim)


is dism issed Leave of
No need for a No need for
The dismissal of the complaint carries with it court is
leave of court leave of court
the dismissal of a cross-claim, which is purely needed
defensive; but not a cross-claim seeking an
affirmative relief. [Torres v. CA, G.R. No. L- 3rd-party complaint Complaint in
25889 (1973)] intervention
Brings into the action
Improper Cross-Claims a 3rd person who was Same
(1) Where the cross-claim is improper, the not originally a party
remedy is certiorari [Malinao v. Luzon Initiative is with the Initiative is with a
Surety (1964)] person already a party non-party who seeks
(2) The dismissal of a cross-claim is to the action to join the action
unappealable when the order dismissing
the complaint becomes final and 3rd-party complaint Counterclaim
executory [Ruiz, Jr. v. CA (1993)] Need not be within the Must be within the
(3) A cross-claim is not allowed after jurisdiction of the court jurisdiction of the
declaration of default of cross-claimant trying the main case court trying the main
[Tan v. Dimayuga, (1962)] It would be case
tantamount to setting aside the order of Diminishes/defeats Need not
default because then the cross-claimant the recovery sought by diminish/defeat the
would re-obtain standing in court as party the opposing party recovery sought by
litigant the opposing party
Cannot exceed the May exceed in
THIRD (FOURTH, ETC.)-PARTY amount stated in the amount or be
COMPLAINTS original complaint different in kind from
It is a claim that a defending party may, with that sought in the
leave of court, file against a person not a original complaint
party to the action, for contribution,
indemnity, subrogation, or any other relief, in Under this Rule, a person not party to an
respect of his opponent's claim. [Sec. 11, Rule action may be impleaded by the defendant
6] either:
(1) On allegation of liability to the latter,
There could also be a 4th/etc.-party covered by the phrase contribution,
complaint with the same purpose and indemnity, or subrogation
function. (2) On the ground of direct liability to the
3rd Party plaintiff; or both, as covered by the
Cross-claim Counterclaim phrase any other relief. [Samala v.
complaint
Against a Victor, G.R. No. L-53969 (1989)]
Against a co- Against an person not a
party opposing party party to the Tests to Determine W hether the 3 rd -
action Party Complaint is in Respect of
May arise out of Plaintiffs Claim
or be (1) WON it arises out of the same transaction
Must arise
necessarily on which the plaintiff's claim is based, or
out of the
connected with although arising out of another/different
transaction Must be in
the transaction transaction, is connected with the
that is the respect of
or the subject plaintiffs claim;
subject the
matter of the (2) WON the 3rd-party defendant would be
matter of the opponents
opposing liable to the plaintiff or to the defendant
original (plaintiffs)
partys claim for all/part of the plaintiffs claim against
action or of a claim
(compulsory the original defendant;
counterclaim
counterclaim), (3) WON the 3rd-party defendant may assert
therein
or it may not any defenses which the 3rd-party plaintiff
(permissive
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has or may have to the plaintiffs claim. W hen Allowed


[Capayas v. CFI, G.R. No. L-475 (1946)] Intervention shall be allowed when a person
has:
Additional Rules (1) A legal interest in the matter in litigation;
Leave of court to file a 3rd-party complaint or
may be obtained by motion filed under Rule (2) A legal interest in the success of any of the
15. parties; or
(3) An interest against the parties; or
Summons on third (fourth, etc.)-party (4) When he is so situated as to be adversely
defendants must be served for the court to affected by a distribution or disposition of
obtain jurisdiction over his person, since he is property in the custody of the court or of
not an original party. an officer thereof. [Sec. 1, Rule 19;
Fernandez v. CA, A.M. OCA IPI No. 12-201-
Where the trial court has jurisdiction over the CA-J (2013)]
main case, it also has jurisdiction over the
third-party complaint, regardless of the The Court has full discretion in permitting or
amount involved as a 3rd-party complaint is disallowing intervention, which must be
merely auxiliary to and is a continuation of exercised judiciously and only after
the main action. [Republic v. Central Surety, consideration of all the circumstances
G.R. No. L-27802 (1968)] obtaining in the case. [Mago v. CA, G.R. No.
115624 (1999)]
A third-party complaint is not proper in an
action for declaratory relief. [Commissioner of It is not an absolute right as it can be secured
Customs v. Cloribel, G.R. No. L-21036 (1977)] only in accordance with the terms of
applicable statute or rule. [Office of
COMPLAINT-IN-INTERVENTION Ombudsman v. Samaniego (2010)]
Intervention is a remedy by which a third
party, not originally impleaded in a Legal Interest
proceeding, becomes a litigant therein to Interest must be of a direct and immediate
enable him to protect or preserve a right or character so that the intervenor will either
interest which may be affected by such gain or lose by the direct legal operation of
proceeding. the judgment. The interest must be actual
and material, a concern which is more than
Pleadings-in-Intervention [Sec. 3, Rule mere curiosity, or academic or sentimental
19] desire; it must not be indirect and contingent,
(1) Complaint-in-intervention If intervenor indirect and remote, conjectural,
asserts a claim against either or all of the consequential or collateral. [Virra Mall
original parties. Tenants v. Virra Mall, G.R. No. 182902 (2011)]
(2) Answer-in-intervention If intervenor
unites with the defending party in resisting Requisites for a Valid Intervention
a claim against the latter. (1) There must be a motion for intervention
filed before judgment is rendered by the
Intervention is never an independent action, trial court.
but is ancillary and supplemental to an (2) Movant must show in his motion:
existing litigation, and in subordination to the (a) That he has a legal interest:
main proceeding. [Saw v. CA, G.R. No. 90580 (i) in the matter of litigation,
(1991)] (ii) in the success of either party in
the action, or
Its purpose is "to settle in one action and by a (iii) against both parties.
single judgment the whole controversy (b) That the movant is so situated as to be
(among) the persons involved." [First adversely affected by a distribution or
Philippine Holdings v. Sandiganbayan (1996), other disposition of property in the
G.R. No. 88345; Rule 19] custody of the court or an officer
thereof

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(c) That the intervention must not unduly Effect of Failure to Reply
delay or prejudice the adjudication of GENERAL RULE: Filing a reply is merely
the rights of the original parties; and optional. New facts that were alleged in the
(d) That the intervenors rights may not be answer are deemed controverted should a
fully protected in a separate party fail to reply thereto.
proceeding.
EXCEPTION: When a Reply is necessary
How to Intervene (a) To set up affirmative defenses on the
(1) With leave of court, the court shall counterclaim [Rosario v. Martinez (1952)]
consider the 2 factors (b) Where the answer alleges the defense of
(2) Motion to intervene may be filed at any usury in which case a reply under oath
time before judgment is rendered by trial should be made; otherwise, the allegation
court of usurious interest shall be deemed
(3) Copy of the pleadings-in-intervention admitted [Rule 8, Sec. 8; Sun Bros. v.
shall be attached to the motion and Caluntad (1966)]
served on the original parties (c) Where the defense in the answer is based
on an actionable document, a reply under
Time to Intervene [Sec. 2, Rule 19] oath must be made; otherwise, the
genuineness and due execution of the
GENERAL RULE: The motion to intervene document shall be deemed admitted. [Sec.
must be filed at any time before the rendition 11, Rule 8; Toribio v. Bidin (1985)]
of judgment by the trial court
COUNTER-COUNTERCLAIM
EXCEPTIONS: A claim asserted against an original counter-
(1) With respect to indispensable parties, claimant.
intervention may be allowed even on
appeal [Falcasantos v. Falcasantos (1952)] COUNTER-CROSS-CLAIM
(2) When the intervenor is the Republic [Lim v. A claim filed against an original cross-
Pacquing (1995)] claimant.
(3) Intervention may be allowed after
judgment where necessary to protect E.2 PLEADINGS ALLOWED IN SPECIAL
some interest which cannot otherwise be RULES
protected, and for the purpose of
preserving the intervenors right to appeal REVISED RULES ON SUMMARY
[Pinlac v. CA (2003)] PROCEDURE
The only pleadings allowed to be filed are:
Rem edies for Denial of Motion for (1) Complaints
Intervention (2) Compulsory counterclaims pleaded in the
(1) The movant may file a motion for Answer
reconsideration since the denial of a (3) Cross-claims pleaded in the Answer; and
motion for intervention is an interlocutory (4) Answers thereto [Sec. 3[A], II]
order.
(2) Alleging grave abuse of discretion,
movant can also file a certiorari case.

REPLY
The plaintiffs response to the defendant's
answer, the function of which is to deny or
allege facts in denial or in avoidance of new
matters alleged by way of defense in the
answer and thereby join or make issue as to
such new matters. [Sec. 10, Rule 6]

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Prohibited Pleadings, Motions, or The defendant may also elect to file a


Petitions [Sec. 19] counterclaim against the plaintiff that does
(1) Motion to dismiss the complaint or to not arise out of the same transaction or
quash the complaint or information occurrence, provided that the amount and
except on the ground of lack of nature thereof are within the coverage of this
jurisdiction over the subject matter, or Rule and the prescribed docket and other
failure to comply with required barangay legal fees are paid.
conciliation proceedings;
(2) Motion for a bill of particulars; NOTE: Courts decision shall be contained in
(3) Motion for new trial, or for reconsideration Form 13-SCC
of a judgment, or for opening of trial;
(4) Petition for relief from judgment; Prohibited Pleadings and Motions [Sec.
(5) Motion for extension of time to file 14]
pleadings, affidavits or any other paper; (1) Motion to dismiss the complaint except on
(6) Memoranda the ground of lack of jurisdiction;
(7) Petition for certiorari, mandamus, or (2) Motion for a bill of particulars;
prohibition against any interlocutory order (3) Motion for new trial, or for reconsideration
issued by the court; of a judgment, or for reopening of trial;
(8) Motion to declare the defendant in (4) Petition for relief from judgment;
default; (5) Motion for extension of time to file
(9) Dilatory motions for postponement; pleadings, affidavits, or any other paper;
(10) Reply; (6) Memoranda;
(11)Third party complaints; and (7) Petition for certiorari, mandamus, or
(12) Interventions. prohibition against any interlocutory order
issued by the court;
RULE OF PROCEDURE FOR SMALL CLAIMS (8) Motion to declare the defendant in
Forms: default;
(1) Instead of a Complaint, a Statem ent of (9) Dilatory motions for postponement;
Claim using Form 1-SCC shall be filed (10) Reply;
[Sec 5] (11)Third-party complaints; and
(2) Answer shall be filed by way of a (12) Interventions.
Response using Form 3-SCC [Sec. 10]
(3) Defendant may file counterclaim if he E.3 PARTS OF A PLEADING
possesses a claim against the plaintiff that
(a) Is within the coverage of this Rule, Caption that part of the pleading which
exclusive of interest and costs; sets forth the:
(b) Arises out of the same transaction or (1) The name of the court;
event that is the subject matter of the (2) The title of the action (i.e. the names of
plaintiffs claim; the parties); and
(c) Does not require for its adjudication the (3) The docket number, if assigned. [Sec. 1,
joinder of third parties; and Rule 7]
(d) Is not the subject of another pending
action, the claim shall be filed as a Body that part of the pleading which sets
counterclaim in the Response; forth its designation, the allegations of
otherwise, the defendant shall be party's claims or defenses, the relief prayed
barred from suit on the counterclaim. for, and its date.
(1) Paragraphs must be numbered, and
each paragraph number must contain a
single set of circumstances
(2) Headings should be used if there is more
than one cause of action in the Complaint,
and if paragraphs in the Answer address
one or more causes of action from the
Complaint.

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(3) Should specify relief sought, but it may Verification is required in the
add a general prayer for such further or following instances:
other relief as may be deemed just or (1) Pleadings filed in the inferior courts in
equitable; also called the prayer cases covered by the Rules on Summary
(4) Every pleading shall be dated. [Sec. 2, Procedure [Sec. 3, B]
Rule 7] (2) Petition for relief from judgment or order
[Sec. 3, Rule 38]
SIGNATURE AND ADDRESS (3) Petition for review from RTC to the CA
Every pleading must be signed by the party [Sec. 1, Rule 42]
or counsel representing him. The (4) Petition for review from quasi-judicial
address must be stated and such address agencies to the CA [Sec. 5, Rule 43]
must not be a post office box. [Sec. 3, Rule 7] (5) Appeal by certiorari from the CTA to the
SC [Sec. 12, RA 9282 amending Sec. 19,
An unsigned pleading produces no legal RA 1125]
effect. However, the court may allow such (6) Appeal by certiorari from CA to the SC
deficiency to be remedied if it appears that: [Sec. 1, Rule 45]
(1) It was due to mere inadvertence; and (7) Petition for annulment of judgments or
(2) It was not intended for delay [Sec. 3, Rule final orders and resolutions [Sec. 1, Rule
7] 47]
(8) Complaint for injunction [Sec. 4, Rule 58]
Effect of Signature of Counsel (9) Application for appointment of receiver
This constitutes a certificate by him that: [Sec. 1, Rule 59]
(1) He has read the pleading (10) Application for support pendente lite
(2) That to the best of his knowledge, [Sec. 1, Rule 69]
information, and belief there is good (11) Petition for certiorari against
ground to support it; and judgments, final orders, or resolutions of
(3) That it is not interposed for delay [Sec. 3, constitutional commissions [Sec. 2, Rule
Rule 7] 64]
(12) Petition for certiorari [Sec. 1, Rule 65]
VERIFICATION (13) Petition for prohibition [Sec. 2, Rule
A pleading need not be under oath, verified 65]
or accompanied by affidavit, unless otherwise (14) Petition for mandamus [Sec. 3, Rule
provided by law or rules. [Sec. 4, Rule 7] 65]
(15) Petition for quo warranto [Sec. 1, Rule
66]
(16) Complaint for expropriation [Sec. 1,
Rule 67]
(17) Complaint for forcible entry or
unlawful detainer [Sec. 4, Rule 70]
(18) Petition for indirect contempt [Sec. 4,
Rule 71]
(19) Petition for appointment of a general
guardian [Sec. 2, Rule 93]
(20) Petition for leave to sell or encumber
property of the ward by a guardian [Sec. 1,
Rule 95]
(21) Petition for declaration of
competency of a ward [Sec. 1, Rule 97]
(22) Petition for habeas corpus [Sec. 3,
Rule 102]
(23) Petition for change of name [Sec. 2,
Rule 103]

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(24) Petition for voluntary judicial (3) Relief sought [Huibonhoa v. Concepcion,
dissolution of a corporation [Sec. 1, Rule G.R. No. 153785 (2005)]
104]
(25) Petition for cancellation or correction Certificate of Non-Forum Shopping
of entries in the civil registry [Sec. 1, Rule (CNFS)
108] A sworn statement in which the plaintiff or
principal party certifies in a complaint or
How verified [Sec. 4, Rule 7] initiatory pleading:
By an affidavit declaring that: (1) That he has not commenced any action or
(1) That the affiant has read the pleading; filed any claim involving the same issues
and in any court or tribunal, and to the best of
(2) That the allegations therein are true and his knowledge, no such other action is
correct of his personal knowledge or pending;
based on authentic documents. (2) That if there is such other pending action
or claim, a complete statement of the
W ho Executes Verification present status thereof; and
Verification is deemed substantially complied (3) That if he should learn that the same or a
with when one who has ample knowledge to similar action has been filed or is pending,
swear to the truth of the allegations in the he shall report such fact within 5 days to
complaint or petition signs the verification, the court receiving his initiatory pleading.
and when matters alleged in the petition [Sec. 5, Rule 7]
have been made in good faith or are true and
correct. [Altres v. Empleo, G.R. No. 180986 CNFS is not required in a compulsory
(2008)] counterclaim, as this is not an initiatory
pleading. [UST Hospital v. Surla, G.R. No.
Effect of noncompliant or defective 129718 (1998)] However, a certification is
verification needed in permissive counterclaims [Korea
Noncompliance therewith or a defect therein Exchange Bank v. Gonzales, G.R. No. 142286-
does not necessarily render the pleading 87 (2005)]
fatally defective. The court may order its
submission or correction or act on the W ho Executes the CNFS
pleading if the attending circumstances are It is the plaintiff or principal party who
such that strict compliance with the Rule may executes the certification under oath. [Sec.
be dispensed with in order that the ends of 5, Rule 7]
justice may be served thereby. [Altres v.
Empleo, G.R. No. 180986 (2008)] Rationale: The plaintiff, not the counsel, is
in the best position to know whether he or it
FORUM SHOPPING has actually filed or caused the filing of a
The repeated availment of several judicial petition. Certification signed by counsel
remedies in different courts, simultaneously without proper authorization is defective, and
or successively, all substantially founded on a valid cause for dismissal. [Anderson v. Ho,
the same transactions and the same essential G.R. No. 172590 (2013)]
facts and circumstances, and all raising
substantially the same issues, either pending If, for justifiable reasons, the party-pleader is
in or already resolved adversely by some unable to sign, he must execute a Special
other court. [Asia United Bank v. Goodland Power of Attorney designating his counsel of
Company, Inc., G.R. No. 191388 (2011)] record to sign on his behalf. [Vda. de Formoso
v. PNB, G.R. No. 154704 (2011)]
Test to determine existence of Forum
Shopping Verification/CNFS for Corporation
Whether in the 2 or more cases pending, The certification must be executed by an
there is identity of: officer, or member of the board of directors,
(1) Parties or by one who is duly authorized by a board
(2) Rights or causes of action resolution; otherwise, the complaint will have

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to be dismissed. [Cosco Philippines Shipping, E.4 ALLEGATIONS IN A PLEADING


Inc. v. Kemper Insurance, Co., G.R. No. 179488
(2012)] IN GENERAL
Every pleading shall contain a statement of
However, the Court has ruled that a President the ultimate facts on which the party
of a corporation can sign the verification and pleading relies for his claim or defense
CNFS, without the benefit of a board (1) In a methodical and logical form
resolution. It also allowed the following to (2) A plain, concise and direct statement
sign: (3) Statement of mere evidentiary facts
(1) The Chairperson of the Board; omitted [Sec. 1, Rule 8]
(2) The General Manager or acting GM;
(3) A personnel officer; and If a defense relied on is based on law, state in
(4) An employment specialist in a labor case. a clear and concise manner:
(1) Pertinent provisions of the law
However, the better procedure would be to (2) Applicability of the law to him
append a board resolution to obviate
questions regarding the authority of the Facts that must be averred
signatory. [South Cotabato Communications particularly Circumstances showing
Corp. v. Sto. Tomas, G.R. No. 173326 (2010)] fraud or mistake when averred [Sec. 5, Rule
8]
Belated submission of written authority has
been found to be substantial compliance with Facts that may be averred generally
the rule, especially when the acts were also (1) Conditions precedent [Sec. 3, Rule 8]
ratified by the Board. [Swedish Match (2) Capacity to sue or be sued;
Philippines v. Treasurer of the City of Manila, (3) Capacity to sue or be sued in a
G.R. No. 181277 (2013)] representative capacity; [Sec. 4, Rule 8]
(4) Legal existence of an organization [Sec. 4,
Effect of noncom pliant CNFS Rule 8]
Defect Effect (5) Malice/intent/knowledge or other
Not curable by mere condition of the mind; [Sec. 5, Rule 8]
amendment (6) Judgments of domestic/foreign courts,
tribunals, boards or officers (without need
Failure to comply Cause for dismissal to show jurisdiction); [Sec. 6, Rule 8]
with the of the case, without (7) Official documents/acts. [Sec. 9, Rule 8]
requirements prejudice unless
otherwise provided, Condition Precedent If the cause of
upon motion and action depends upon a condition precedent,
after hearing its fulfillment or legal excuse for non-
False certification Constitutes indirect fulfillment must be averred.
contempt, without
Noncompliance A general averment of the performance or
prejudice to
with any occurrence of all conditions precedent shall
administrative and
undertaking be sufficient [Sec. 3, Rule 8]
criminal actions
Ground for
summary dismissal, All valid conditions precedent to the
with prejudice institution of a particular action, whether
Willful and prescribed by statute, fixed by agreement of
deliberate forum Direct contempt the parties, or implied by law must be
shopping performed or complied with before
Cause for commencing the action. Such fact must be
administrative pleaded.
sanctions

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Failure to comply with a condition precedent


is a ground for a motion to dismiss [Sec. 1(j), Pleading the document
Rule 16] (1) The substance of such document shall be
set forth in the pleading; and the original
Examples of Conditions Precedent: or a copy shall be attached as an exhibit;
(1) Exhaustion of administrative remedies or
(2) Investigation by a fiscal is a prerequisite to (2) Said copy may with like effect be set forth
annulment of marriage when defendant in the pleading [Sec. 7, Rule 8]
defaults [Tolentino v. Villanueva (1974)]
(3) No suit shall be filed or maintained A variance in the substance of the document
between members of the same family set forth in the pleading and the document
unless it should appear that earnest annexed thereto does not warrant dismissal
efforts at compromise have been made of the action [Convets Inc. v. National Dev. Co.,
but that the same have failed. [Art. 222, G.R. No. L-10232 (1958)]
Family Code; Versoza v. Versoza (1968)]
(4) Arbitration; How to Contest [Sec. 8, Rule 8]
(5) Barangay Conciliation (1) By specific denial under oath; and
(2) By setting forth what is claimed to be the
Capacity facts
The following must be averred:
(1) Facts showing the capacity of a party to Denial need not be under oath when:
sue or be sued; or (1) The adverse party does not appear to be a
(2) The authority to sue or be sued in a party to the instrument, or
representative capacity; (2) Compliance with an order for inspection of
(3) Or the legal existence of an organized the document has been refused.
association of persons that is made a party
[Sec. 4, Rule 8] Effect of Failure to Deny Under Oath
(1) The genuineness and due execution is
NOTE: A party desiring to raise an issue as to deemed admitted
the legal existence or capacity of any party to (2) The document need not be formally
sue or be sued in a representative capacity offered in evidence
shall do so by specific denial which shall
include supporting particulars within the Due Execution and Genuineness - That
pleader's knowledge. the party whose signature it bears admits
that he signed it or that it was signed by
Judgment - In pleading a judgment or another for him with his authority; that it was
decision of a domestic or foreign court, in words and figures exactly as set out in the
judicial or quasi-judicial tribunal, or of a pleading of the party relying upon it; that the
board or officer, it is sufficient to aver the document was delivered and that any formal
judgment or decision without setting forth requisites required by law, such as a seal, an
matter showing jurisdiction to render it. [Sec. acknowledgment, or revenue stamp, which it
6, Rule 8] lacks, are waived by him. [Hibberd v. Rohde
and Mcmillian, G.R. No. 8418 (1915)]
Official documents or acts sufficient to
aver that the document was issued, or the act SPECIFIC DENIALS
done, in compliance with law. [Sec. 9, Rule 8] The purpose of requiring the defendant to
make a specific denial is to make him disclose
PLEADING IN AN ACTIONABLE DOCUMENT the matters alleged in the complaint which
An actionable docum ent is the written he succinctly intends to disprove at the trial,
instrument upon which the action or defense together with matters which he relied upon to
is based. Where a pleader relies upon a support the denial. The parties are compelled
document, its substance must be set out in to lay their cards on the table. [Philippine
the pleading either by its terms or by its legal Bank of Communications v. Go, G.R. No.
effects [Sec. 7, Rule 8] 175514 (2011)]

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NOTE: Under CB Circular No. 905, the Usury


Modes of Specific Denial Law of 1912 is currently suspended.
(1) Specific Absolute Denial - Defendant
must specify each material allegation of E.5 EFFECT OF FAILURE TO PLEAD
fact the truth of which he does not admit,
and, whenever applicable, set forth the FAILURE TO PLEAD DEFENSES AND
substance of matters relied upon to OBJECTIONS
support the denial GENERAL RULE: Defenses and objections
(2) Partial Specific Denial - If pleader not pleaded in the answer or motion to
decides to deny only a part or a dismiss are deemed waived. [Omnibus
qualification of an averment: Motion Rule, Sec. 1, Rule 9]
(a) He shall specify so much of it as is true
and material EXCEPTIONS:
(b) He shall deny the remainder (1) Lack of jurisdiction over the subject
(3) Denial by Disavowal of Knowledge matter;
The defendant states that he is without (2) Litis pendentia
knowledge or information sufficient to (3) Res judicata
form a belief as to the truth of a material (4) Action barred by statute of limitations.
averment; has the effect of a denial [Sec. 1, Rule 9]

NOTE: Denial by disavowal of knowledge NOTE: These exceptions also empower the
must be availed of with sincerity and in good courts to motu proprio dismiss an action
faith certainly neither for the purpose of where such grounds appear from the
confusing the adverse party as to what pleadings or the evidence on record [Sec. 1,
allegations of the complaint are really put in Rule 9].
issue nor for the purpose of delay. [Barnes v.
Reyes, G.R. No. L-9531 (1958)] FAILURE TO PLEAD COMPULSORY
COUNTERCLAIMS AND CROSS-CLAIMS
Effect of Failure to m ake Specific GENERAL RULE: A compulsory
Denials counterclaim, or a cross-claim, not set up
shall be barred. [Sec. 2, Rule 9]
GENERAL RULE: Allegations not
specifically denied are deemed admitted [Sec. EXCEPTION: If due to oversight,
11, Rule 8] inadvertence, excusable neglect, etc. the
compulsory counterclaim or a cross-claim,
EXCEPT: with leave of court, may be set up by
(1) Allegations as to the amount of amendment before judgment. [Sec. 10, Rule
unliquidated damages; 11]
(2) Allegations immaterial to the cause of
action E.6 DEFAULT
(3) Allegations of merely evidentiary or Failure of the defendant to answer within the
immaterial facts may be expunged from proper period. [Sec. 3, Rule 9]
the pleading or may be stricken out on
motion. [Sec. 12, Rule 8] Dual stages of default
(4) Conclusions of law. (1) Declaration of Order of Default
when defendant fails to answer within the
Specific Denial requires an oath in the time specified in the rules, the court shall,
following cases: upon motion of the plaintiff and proof of
(1) Denial of the genuineness and due such failure, declare defendant in default
execution of an actionable document; [Sec. (2) Rendition of Judgment by Default
8, Rule 8] and thereafter, on the basis of the allegation of
(2) Denial of allegations of usury. [Sec. 11, the complaint or after receiving plaintiffs
Rule 8] evidence, the court shall render judgment

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granting him such relief as the complaint (a) Proceed to render judgment granting
and the facts proven may warrant the claimant such relief as his pleading
may warrant; or
Judgm ent by (b) Require the claimant to submit
Order of default
default evidence, which need not be received
Issued by the court by the court personally but may be
Rendered by the
on plaintiffs motion, received by the clerk of court
court following a
for failure of the A declaration of default is not tantamount
default order or after
defendant to to an admission of the truth or validity of
it received ex parte
seasonably file his the plaintiffs claims. [Monarch Insurance v.
plaintiffs evidence
responsive pleading CA, G.R. No. 92735 (2000)]
Interlocutory (3) A defending party declared in default
Final Appealable retains the right to appeal from the
unappealable
judgment by default. However, the
W hen Declaration of Default is Proper grounds that may be raised in such an
There is only one instance when a party appeal are restricted to any of the
defendant can properly be declared in default following:
and that is when he fails to file his answer (a) The failure of the plaintiff to prove the
within the reglementary period [Rule 11], or material allegations of the complaint;
within such extended time as he is allowed by (b) The decision is contrary to law; and
the court. [Sec. 11, Rule 11] (c) The amount of judgment is excessive or
different in kind from that prayed for.
Requisites before a Declaration of [Otero v. Tan, G.R. No. 200134 (2012)]
Default
(1) The court must have validly acquired Relief from an Order of Default [Lina v.
jurisdiction over the person of the CA, G.R. No. L-63397]
defendant either by service of summons or (1) After notice of the Order and before
voluntary appearance Judgment file a motion under oath
(2) The defendant failed to file his answer to set aside the Order; must show:
within the time allowed therefor (a) Failure to file Answer was due to fraud,
(3) There must be a m otion by the accident, mistake, excusable
plaintiff to declare the defendant in negligence; and
default with notice to the latter (b) That he has a meritorious defense (i.e.
(4) There must be notice to the defendant by through an affidavit of merit)
serving upon him a copy of such motion (2) After rendition of Judgment, before
(5) There must be proof of such failure to judgm ent becom es final and
answer executory may file:
(6) There must be a hearing to declare (a) a motion for new trial under Rule
defendant in default 37; or
(b) appeal from the judgment for being
Effect of Order of Default contrary to the evidence or law
(1) The party declared in default cannot take (3) After Judgment becomes final and
part in the trial. However, he may still executory may file a petition for
participate as a witness [Cavili v. Florendo, relief under Rule 38 (within 60 days from
G.R. No. 73039 (1987)] and is entitled to notice of the judgment, but within 6
notices of subsequent proceedings. [Sec. 3, months from entry thereof) or
Rule 9] annulm ent of judgm ent under Rule 47
In all, the defendant should receive the
following notices: These remedies presuppose that there was a
(a) Motion to declare him in default; valid order of default but the defendant may
(b) Order declaring him in default; also file a petition for certiorari when he is
(c) Subsequent proceedings; improperly declared in default. [Riano]
(d) Service of final orders and judgments.
(2) The court may either:

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Partial Default DEFAULT IN ORDINARY


When the complaint states a common cause PROCEDURE
of action against several defendants, only
some of whom answer, the court should
declare defaulting defendants in default, and After the lapse of time If motion denied:
proceed to trial on answers of others to file an answer, the Defendant allowed
plaintiff may move to to file an answer
If the defense is personal to the one who declare the defendant
answered, it will not benefit those who did
in default
not answer.

Extent of Relief to be Awarded


(1) A judgment rendered against a party in If motion granted:
default shall not exceed the amount or be Court issues order of
different in kind from that prayed for nor default and renders
award unliquidated damages judgment or require
(2) If the claim is not proved, the case should plaintiff to submit
be dismissed evidence ex parte
As held in Datu Samad Mangelen v. CA, G.R.
No. 88954 (1992):
(1) In a judgment based on evidence Before judgment by
presented ex parte, judgment should default is rendered,
neither exceed the amount, nor be defendant may:
different in kind from that prayed for. (1) Move to set aside
Court maintains
(2) On the other hand, in a judgment where order of default upon
order of default
an answer was filed but defendant did not showing of FAME and
appear at the hearing, the award may that he has a
exceed the amount or be different in kind meritorious defense;
from that prayed for. (2) Avail of Rule 65 in
proper cases
W here Default Not Allowed
Default is not allowed, in the following cases:
(1) An action for annulment or declaration of Court sets aside order
nullity of marriage of default and
(2) For legal separation defendant is allowed
(3) Special civil actions of certiorari, to file an answer
prohibition and mandamus where
comment instead of an answer is required Presentation of
to be filed plaintiffs
(4) Summary procedure evidence ex-parte
(5) In expropriation proceedings, whether or
not a defendant has previously appeared Case set for pre-trial
or answered, he may present evidence as
to the amount of compensation to be paid
for his property in the trial of the issue of
just compensation. [Sec. 3, par. 3, Rule 67]
If plaintiff proves his If plaintiff fails
allegations: to prove his
Judgment by default allegations:
Case is
dismissed

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E.7 FILING AND SERVICE OF PLEADINGS prescribed filing fee, BUT


SUBSEQUENTLY, the judgment
PAYMENT OF DOCKET FEES awards a claim not specified in the
GENERAL RULE: The court acquires pleading, or cannot then be estimated,
jurisdiction over the case only upon payment or a claim left for determination by the
of prescribed fees. Without payment, the case court, then the additional filing fee
is considered not filed. Payment of docket shall constitute a lien on the judgment
fees is mandatory and jurisdictional. (5) Lim itation on the claim s covered by
fees as lien, Metrobank v. Perez, G.R. No.
It is not simply the filing of the complaint or 181842 (2010)
appropriate initiatory pleading but the Claims not specified or claims although
payment of the prescribed docket fee that specified are left for determination of
vests a trial court with jurisdiction over the the court are lim ited only to
subject matter or nature of the action [Proton any damages that m ay
Pilipinas v. Banque National de Paris, G.R. No. arise after the filing of the
151242 (2005)] com plaint or sim ilar pleading for
then it will not be possible for the
Effect of Failure to Pay Docket Fees at claimant to specify nor speculate as to
Filing the amount thereof
(1) The Manchester Rule: Manchester v. CA,
G.R. No. 75919 (1987) FILING VERSUS SERVICE OF PLEADINGS
Automatic Dismissal Filing is the act of presenting the pleading
Any defect in the original pleading or other paper to the clerk of court. [Sec. 2,
resulting in underpayment of the Rule 13]
docket fees cannot be cured by Service is the act of providing a party or his
amendment, such as by the reduction counsel with a copy of the pleading or paper
of the claim as, for all legal purposes, concerned. [Sec. 2, Rule 13]
there is no original complaint over
which the court has acquired Papers required to be filed and
jurisdiction served: [Sec. 4, Rule 13]
(2) Relaxation of the Manchester Rule, (1) Pleading subsequent to the complaint;
Sun Insurance v. Asuncion, G.R. No. 79937 (2) Appearance;
(1989) (3) Written Motion;
NOT automatic dismissal (4) Notice;
Court may allow payment of fees within (5) Order;
a reasonable time but in no case (6) Judgment;
beyond the expiration of the applicable (7) Demand;
prescriptive period of the action filed. (8) Offer of Judgment;
(3) Exception to the Sun Insurance (9) Resolution;
doctrine, Gochan v. Gochan, G.R. No. (10) Similar papers.
146089 (2001)
The Sun Insurance rule allowing
payment of deficiency does not apply
where plaintiff never demonstrated any
willingness to abide by the rules to pay
the docket fee but stubbornly insisted
that the case filed was one for specific
performance and damages.
(4) Further modification, Heirs of Hinog v.
Melicor, G.R. No. 140954 (2005)
Fees as lien
Where the trial court acquires
jurisdiction over a claim by the filing of
the pleading and the payment of the
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PERIODS OF FILING PLEADINGS Extension of Time to Plead


Period Reckoning Point Upon motion and on such terms as may be
Answer to the Complaint just, the court may extend the time to plead
Service of summons, provided in these Rules. The court may also,
General rule: unless a different upon like terms, allow an answer or other
Within 15 days period is fixed by the pleading to be filed after the time fixed by
court [Sec. 1, Rule 11] these Rules. [Sec. 11, Rule 11]
Foreign private
juridical entity MANNER OF FILING
defendant, summons Receipt of summons Personal Filing
through government [Sec. 2, Rule 11] By personally presenting the original copy of
official: Within 30 the pleading, notice, appearance, motion,
days order, or judgment to the clerk of court. [Sec.
Non-resident 3, Rule 13]
defendant, with
Service of Deemed filed upon the receipt of the
extraterritorial
extrajudicial same by the clerk of court who shall endorse
service of summon:
summons [Sec. 15, on it the date and hour of filing.
reasonable time not
Rule 14]
less than 60 days set
by court Filing by Registered Mail [Sec. 3, Rule
Answer to amended Complaint 13]
Filing by mail should be through the registry
Amendment was Service of a copy of service (i.e. by depositing the pleading in the
matter of right: the amended post office).
Within 15 days complaint
Amendment not Notice of the order Deemed filed on the date it was
matter of right: admitting the same deposited with the post office, as shown by
Within 10 days [Sec. 3, Rule 11] the post office stamp on the envelope or the
Answer to Counterclaim or Cross-Claim registry receipt.
From service [Sec. 4,
Within 10 days NOTE: Filing a pleading by facsimile is not
Rule 11]
Answer to third (fourth, etc)-party complaint sanctioned. But fax was allowed in an
Same rule as answer extradition case [Justice Cuevas v. Juan
Within 15 days to the complaint Antonio Muoz (2000)]
[Sec. 5, Rule 11]
Reply Filing by Private Carrier
From service of the If a party avails of a private carrier, the date of
Within 10 days pleading responded the courts actual receipt of the pleading (not
to [Sec. 6, Rule 11] the date of delivery to the private carrier) is
deemed to be the date of the filing of that
Answer to supplemental complaint
pleading. [Benguet Electric Cooperative v.
From notice of the
NLRC, G.R. No. 89070 (1992)]
order admitting the
Within 10 days same, unless a
different period is
fixed by the court

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MODES OF SERVICE
Personal Service [Sec. 6, Rule 13] Service of Judgm ents, Final Orders, or
(1) Delivering personally a copy to the party, Resolutions
who is not represented by a counsel, or to Service is done either:
his counsel; or (1) Personally
(2) Leaving a copy in counsels office with his (2) By registered mail
clerk or with a person having charge (3) By publication, if:
thereof; or (a) A party is summoned by publication;
(3) Leaving the copy between 8am and 6pm and
at the partys or counsels residence, if (b) Such party failed to appear in the
known, with a person of sufficient age and action
discretion then residing thereon if not
person is found in his office, or if his office NOTE: There is NO substituted service of
is unknown, or if he has no office judgments and final orders.

Service by Mail [Sec. 7, Rule 13] PRIORITIES IN MODES OF SERVICE AND


(1) Ordinary Mail - it does not constitute FILING
filing until the papers are actually
delivered into the custody of clerk or judge GENERAL RULE: Personal filing and
(a) Service may be done by ordinary mail if service is preferred. [Sec. 11, Rule 13]
no registry service is available in the
locality of either sender or addressee Resort to other modes of filing and service
(2) Registered Mail - The date of mailing is must be accompanied by an explanation why
the date of filing the service/filing was not done personally. If
(a) Date of filing is determinable from 2 there is no written explanation, the paper is
sources: considered not filed.
(i) From the post office stamp on
the envelope Exception: Papers emanating from the
(ii) From the registry receipt court.
(b) It is done by depositing in the post
office: COMPLETENESS AND PROOF OF FILING
(c) In a sealed envelope
(d) Plainly addressed to the party or his GENERAL RULE: The filing of a pleading or
counsel paper is proved by its existence in the record
(i) At his office if known of the case [Sec. 12, Rule 13]
(ii) Otherwise, at his residence if
known EXCEPTION: When the pleading or paper is
(e) Postage fully pre-paid not in the record, its filing may be proved as
(f) With instructions to the postmaster to shown below
return the mail to the sender after 10
days if undelivered Completeness of
Proof of filing
Filing
[Sec. 12, Rule 13]
Substituted Service [Sec. 8, Rule 13] [Sec. 3, Rule 13]
Done by delivery of the copy to the clerk of Personal filing
court with proof of failure of both personal Written or stamped
and service by mail Upon receipt by
acknowledgment by the
Proper only when: the clerk of court
clerk of court
(1) Service cannot be made personally or by Filing by registered mail
mail (1) Registry receipt,
(2) Office and place of residence of the party On the date the
and
or his counsel being unknown pleading was
(2) Affidavit of the
deposited with
person who did the
Service is complete at the time of such the post office
mailing
delivery.

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In the case of filing by registered mail, when Duties of sender when service is effected by
the paper does not appear in the record, the registered mail:
affidavit of the person who did the mailing (1) The registry return card shall be filed
must contain: immediately upon its receipt by the
(1) A full statement of the date and place of sender; or
depositing the mail in the post office (2) The unclaimed letter together with the
(2) The fact that the paper was in a sealed certified or sworn copy of the notice given
envelope addressed to the court by the postmaster to the addressee shall
(3) The fact that postage was fully paid likewise be filed immediately. [Sec. 13,
(4) The fact that there were instructions to the Rule 13]
postmaster to return the mail to the
sender after 10 days if undelivered Service to the lawyer binds the party. But
service to the party does not bind the lawyer,
COMPLETENESS AND PROOF OF SERVICE unless ordered by the court in the following
Com pleteness of circumstances:
Proof of service
service [Sec. 10, (1) When it is doubtful who the attorney for
[Sec. 13, Rule 13]
Rule 13] such party is; or
Personal service (2) When the lawyer cannot be located; or
(1) Written admission (3) When the party is directed to do
of the party served; something personally, as when he is
or ordered to show cause. [Retoni, Jr. v. CA,
(2) Official return of G.R. No. 96776 (1993)]
the server; or
Upon actual Notice to the lawyer who appears to have
(3) Affidavit of the
delivery been unconscionably irresponsible cannot be
party serving, with
a full statement of considered as notice to his client, as it would
the then be easy for the lawyer to prejudice the
date/place/manne interests of his client by just alleging that he
r of service. just forgot every process of the court affecting
Service by ordinary m ail his clients, because he was so busy. [Bayog v.
Affidavit of person Natino, G.R. No. 118691 (1996)]
10 days after
mailing of facts
mailing, unless E.8 AMENDMENT AND SUPPLEMENTAL
showing compliance
otherwise provided PLEADINGS
with Sec. 7 of Rule 13.
by the court
Service by registered m ail How to Am end Pleadings [Sec. 1, Rule 10]
Whichever is earlier (1) Adding an allegation of a party;
of: (2) Adding the name of a party;
(1) Affidavit of person (3) Striking out an allegation of a party;
(1) Actual receipt
mailing showing (4) Striking out the name of a party;
by the
compliance as (5) Correcting a mistake in the name of a
addressee; or
above; and party; and
(2) 5 days after
(2) Registry receipt (6) Correcting a mistaken or inadequate
addressee
issued by the post allegation or description in any other
received
office respect
postmaster's
notice
A new copy of the entire pleading,
Substituted Service incorporating the amendments, which shall
At the time of delivery of the copy to the clerk be indicated by appropriate marks, shall be
of court together with proof of failure of both filed. [Sec. 7, Rule 10]
personal service and service by mail
Purpose: That the actual merits of the
controversy may speedily be determined,
without regard to technicalities, and in the

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most expeditious and inexpensive manner. If the court has no jurisdiction in the
[Sec. 1, Rule 10] subject matter of the case, the
amendment of the complaint cannot be
As a general policy, liberality in allowing allowed so as to confer jurisdiction on the
amendments is greatest in the early stages of court over the property. [PNB v. Florendo,
a law suit, decreases as it progresses and G.R. No. L-62082 (1992)]
changes at times to a strictness amounting to (3) If amendment is for curing a premature or
a prohibition. This is further restricted by the inexistent cause of action.
condition that the amendment should not The cause of action must exist at the time
prejudice the adverse party or place him at a the action was begun, and the plaintiff will
disadvantage. [Barfel Development v. CA, G.R. not be allowed by an amendment to
No. 98177 (1993)] introduce a cause of action which had no
existence when the action was
AMENDMENTS AS A MATTER OF RIGHT commenced. [Surigao Mine Exploration v.
A party may amend his pleading once as a Harris et al, G.R. No. L-45543 (1939)]
matter of right, at any time before a (4) If amendment is for purposes of delay.
responsive pleading is served, thus:
(1) Amendment of complaint is before an FORMAL AMENDMENTS
answer is served. Instances:
(2) Amendment of answer is before a reply is (1) Mere defect in the designation of the
filed, or before the period for filing a reply parties;
expires, and (2) Other clearly clerical or typographical
(3) Amendment of reply any time within 10 errors
days after it is served
The formal amendment must not cause
A motion to dismiss is not a responsive prejudice to the adverse party.
pleading and does not preclude the exercise
of the plaintiffs right to amend his complaint. How form al am endm ents are effected
[Remington Industrial Sales v. CA, G.R. No. (1) May be summarily corrected by the court
133657 (2002)] at any stage of the action
(2) A party may, by motion, call for the formal
AMENDMENTS BY LEAVE OF COURT amendment
Leave of court is necessary in the following
instances: AMENDMENTS TO CONFORM TO OR
(1) Further amendments after the party has AUTHORIZE PRSENTATION OF EVIDENCE
already amended his pleading as a matter [Sec. 5, Rule 10]
of right; and This is an instance wherein the court acquires
(2) When a responsive pleading has already jurisdiction over the issues even if the same
been served. are not alleged in the original pleadings,
where the trial of said issues is with the
Requisites express or implied consent of the parties.
(1) A motion for leave of court to amend
pleading is filed W hat Sec. 5 contem plates
Amended pleading should be attached to (1) Allows a complaint which failed to state a
the motion [Sec. 9, Rule 15] cause of action to be cured either by:
(2) Notice is given to the adverse party (a) Evidence presented without objection
(3) Parties are given opportunity to be heard or
(b) In the event of an objection sustained
W hen amendment may not be allowed by the court, by an amendment of the
(1) If the cause of action, defense or theory of complaint with leave of court
the case is changed. (2) Also allows admission of evidence on a
(2) If amendment is intended to confer defense not raised in a motion or answer:
jurisdiction to the court. (a) if no objection is made thereto; or

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(b) in the event of such objection, upon Amended versus Supplemental


amendment of the answer with leave of Pleadings
court Supplemental
Amendments
pleadings
However, where the plaintiff has no cause of Grounds for
action at the tim e of the filing of the Reason for
supplemental
com plaint, this defect cannot be cured or amendment is
pleading arose after
remedied in this manner by the acquisition or available at time of
the filing of the first
accrual of one while the action is pending. the first pleading
pleading
Either as a matter of
Two Scenarios Always by leave of
right or by leave of
(1) No objection to the evidence is raised court
court
Issues not raised in pleadings are tried Merely supplements,
Supersedes the
by express or implied consent of the and exists side-by-
parties; they are treated in all respects original
side with the original
as if they had been raised. A new copy of the Does not require a
Such amendments as may be entire pleading must new copy of the
necessary to cause the pleadings to be filed entire pleading
conform to the evidence may be made
upon motion of any party at any Supplemental pleadings are not allowed on
tim e, even after judgm ent separate and distinct causes of action but a
Failure to amend does not affect the supplemental pleading may raise a new
result of the trial of those issues cause of action as long as it has some
(2) Objection to the evidence is raised relation to the original cause of action set
Objection on the ground that it is not forth in the original complaint. [Ada v. Baylon,
within the issues made by the G.R. No. 182435 (2012)]
pleadings
Court may allow the pleadings to EFFECT OF AMENDED PLEADING
be amended and shall do so freely (1) An amended pleading supersedes the
when the presentation of the merits of pleading that it amends
the action will be subserved (2) Admissions in the superseded pleading
As safeguard, the court may grant a can still be received in evidence against
continuance to enable the objecting the pleader (as extrajudicial admissions)
party to meet such evidence (3) Claims or defenses alleged therein but not
incorporated or reiterated in the amended
SUPPLEMENTAL PLEADINGS pleading are deemed waived [Sec. 8, Rule
A pleading which sets forth transactions, 10]
occurrences or events which have happened
since the date of the pleading sought to be
supplemented. [Sec. 6, Rule 10]

Purpose: To bring into the records new facts


which will enlarge or change the kind of relief
to which the plaintiff is entitled [Ada v. Baylon,
G.R. No. 182435 (2012)]

How Made: Upon motion of a party, with


reasonable notice and upon terms as are just.

The admission or non-admission of a


supplemental pleading is not a matter of
right but is discretionary on the court.

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F. SUMMONS validly try and decide the case. [Velayo-Fong v.


The writ by which the defendant is notified of Velayo, G.R. No. 155488 (2006)]
the action brought against him [Licaros v.
Licaros, G.R. No. 150656 (2003)] ACTIONS IN REM AND QUASI IN REM
Not to acquire jurisdiction over the
Upon the filing of the complaint and the defendant but mainly to satisfy the
payment of legal fees, the clerk of court shall constitutional requirement of due process
issue the corresponding summons to the Jurisdiction over the defendant is not
defendants. [Sec. 1, Rule 14] required and the court acquires
jurisdiction over an action as long as it
CONTENTS
acquires jurisdiction over the res
(1) Summons shall be:
(a) Directed to the defendant F.2 VOLUNTARY APPEARANCE
(b) Signed by clerk of court under seal
Any form of appearance in court, by the
(2) Summons shall contain:
defendant, by his agent authorized to do so,
(a) The name of the court, and the names or by attorney, is equivalent to service except
of the parties to the action; where such appearance is precisely to object
(b) A direction that the defendant answer the jurisdiction of the court over the person of
within the time fixed by the Rules; and the defendant [Carballo v. Encarnacion, G.R.
(c) A notice that unless the defendant so No. L-5675 (1953)]
answers, plaintiff will take judgment by
default and may be granted the relief GENERAL RULE: Defendant's voluntary
applied for. appearance in the action shall be equivalent
(3) The following shall be attached to the
to service of summons. [Sec. 20, Rule 14]
original and each copy of the summons:
(a) A copy of the complaint; and
EXCEPTIONS: Conditional appearance to
(b) An order for appointment of guardian file a motion to dismiss challenging the
ad litem (if any) courts jurisdiction.
(1) Special appearance operates as an
WHO MAY SERVE SUMMONS
exception to the general rule on voluntary
(1) The sheriff
appearance;
(2) His deputy
(2) Objections to the jurisdiction of the court
(3) Other proper court officer
over the person of the defendant must be
(4) Any suitable person authorized by the
explicitly made, i.e., set forth in an
court, for justifiable reasons. [Sec. 3, Rule
unequivocal manner; and
14]
(3) Failure to do so constitutes voluntary
submission to the jurisdiction of the court,
The enumeration of persons who may validly
especially in instances where a pleading or
serve summons is exclusive. [Herrera]
motion seeking affirmative relief is filed
F.1 NATURE AND PURPOSE OF SUMMONS and submitted to the court for resolution.
IN RELATION TO ACTIONS IN PERSONAM, [Phil Commercial Intl Bank v. Spouses Dy,
IN REM, AND QUASI IN REM G.R. No. 171137 (2009)]

ACTIONS IN PERSONAM Inclusion in the motion to dismiss of grounds


other than lack of jurisdiction over the
To acquire jurisdiction over the person of defendants person, is not deem ed a
the defendant in a civil case; voluntary appearance. [Sec. 20, Rule 14]
To give notice to the defendant that an
action has been commenced against him. However, seeking affirmative relief other
than dismissal of the case is a manifestation
Where the action is in personam, that is, one of voluntary submission to the courts
brought against a person on the basis of his jurisdiction. The active participation of a party
personal liability, jurisdiction over the person in the proceedings is tantamount to an
of the defendant is necessary for the court to invocation of the courts jurisdiction and a
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willingness to abide by the resolution of the


case, and will bar said party from later on SUBSTITUTED SERVICE OF SUMMONS
impugning the courts jurisdiction. [Phil It is only when the defendant cannot be
Commercial Intl Bank v. Spouses Dy, G.R. No. served personally within a reasonable time
171137 (2009)] and for justifiable reasons that a substituted
service may be made. [Sec. 7, Rule 14]
F.3 MODES OF SERVICE OF SUMMONS
Modes
How Done
(1) Personal Service [Sec. 6, Rule 14]
(1) By leaving copies of the summons at the
(2) Substituted Service [Sec. 7, Rule 14]
defendants residence with some person of
(3) Service by Publication [Sec. 14-16, Rule 14]
suitable age and discretion residing
therein; or
NOTE: There is no service of summons solely
(2) By leaving the copies at defendants office
by registered mail except as an additional
or regular place of business with some
requirement to service by publication.
competent person in charge thereof
Where service is made by publication, a copy
Requisites
of the summons and order of the court shall
It is necessary to establish the following:
be sent by registered mail to last known
(1) Indicate the impossibility of service of
address of defendant. [Sec. 15, Rule 14]
summons within a reasonable time;
(2) Specify the efforts exerted to locate the
NOTE: Service to a foreign corporation is
defendant; and
done through (a) its resident agent, or (b) the
(3) State that the summons was served upon:
government agent designated in the absence
(a) a person of sufficient age and
of the former, or (c) on any of its officers or
discretion who is residing in the
agents within the Philippines. [Sec. 12, Rule
address, or
14]
(b) a person in charge of the office or
PERSONAL SERVICE regular place of business, of the
defendant.
How Done [Sec. 6, Rule 14] (4) It is likewise required that the pertinent
(1) By handing a copy of summons to him; or facts proving these circumstances be
(2) If he refuses to receive it, by tendering it stated in the proof of service or in the
to him officers return. [Sps. Tiu v. Villar, A.M. No.
P-11-2986 (2012)]
Personal Service of Personal Service of
Pleadings Summons Residence is the place where the person
Sec. 6, Rule 13 Sec. 6, Rule 14 named in the summons is living at the time of
Personal service when the service is made, even though he
includes: may be temporarily out of the country at that
1. Service on the time [Venturanza v. CA, G.R. No. 77760 1987]]
party or his
counsel; or Office or Regular Place of Business is
2. By leaving a copy the office or place of business of defendant at
with the clerk or the time of service
person having
Service is only made
charge of his Person in Charge
on defendant himself
office; or Individual must have sufficient knowledge to
3. Leaving it with a understand the obligation of the defendant in
person of the summons, its importance, and the
sufficient age and prejudicial effects arising from inaction on the
discretion at the summons. [Prudential Bank v. Magdamit, G.R.
partys or No. 183795 (2014)]
counsels
residence
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SERVICE BY PUBLICATION (2) By publication in a newspaper of general


(CONSTRUCTIVE SERVICE) circulation in such places and for such
time as court may order; in which case, a
(1) Service upon Unknown Defendant [Sec. 14,
copy of the summons and order of the
Rule 14]
court shall be sent by registered mail to
(2) Extraterritorial Service of Summons [Sec.
the last known address of defendant; or
15, Rule 14]
(3) In any other manner the court may deem
(3) Service upon a Resident temporarily out of
sufficient.
the Philippines [Sec. 16, Rule 14]
Any order granting such leave shall specify a
Service upon Unknown Defendant [Sec.
reasonable time within which defendant
14, Rule 14
must answer, which shall not be less than 60
Applicable in cases where:
days after notice.
(1) Defendant is sued as an unknown owner;
or
Service upon a Resident tem porarily
(2) His whereabouts are unknown and cannot
out of the Philippines [Sec. 16, Rule 14]
be ascertained with diligent inquiry
Applicable in cases where:
(1) Defendant is a resident of the Philippines;
Service of summons may be effected by
and
publication in a newspaper of general
(2) Is temporarily out of the country
circulation and in such places and for such
time as the court may order
Summons may, by leave of court, be effected
as in the case of extraterritorial service but
The Section applies to any action, making
unlike in Sec. 15, Rule 14 it may be effected in
no distinction between actions in rem, in
this manner for any action, not
personam and quasi in rem.
distinguishing between actions in rem, in
personam, and quasi in rem.
Extraterritorial Service of Sum m ons
[Sec. 15, Rule 14]
Even without such Section, as the defendant
Applicable in cases where:
has a residence in the Philippines, summons
(1) Defendant is a nonresident;
may also be served through substituted
(2) He is not found in the Philippines; and
service under Sec. 7, Rule 14.
(3) The action is either in rem. or quasi in rem
[Jose v. Boyon, G.R. No. 147369 (2003)]
Summons may be effected to a resident
defendant, temporarily outside the
The actions in rem or quasi in rem, which
Philippines, by:
would justify extraterritorial service of
(1) Substituted service [Sec. 7, Rule 14]
summons are:
(2) Service by publication [Sec. 15, Rule 14]
(1) Those which affect the personal status of
the plaintiff,
SPECIAL CLASSES OF DEFENDANTS
(2) Those which relate to, or the subject of
which is, property within the Philippines in Upon an Entity without Juridical
which defendant claims a lien or interest, Personality [Sec. 8]
actual or contingent; Applicable in cases where:
(3) Those in which the relief demanded (1) Persons are associated in an entity
consists, wholly or in part, in excluding the without juridical personality; and
defendant from any interest in property (2) They are sued under the name by which
located in the Philippines, or they are generally or commonly known
(4) Those wherein property of defendant
within the Philippines has been attached Service is effected upon all of them by:
(1) Serving summons upon any of them; or
Service of summons is effected, by leave of (2) Serving summons upon the person in
court, in the following modes: charge of their office or place of business
(1) By personal service, as under Sec. 6, Rule
14;
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Upon Prisoners [Sec. 9] (c) By facsimile or any recognized


Where the defendant is a prisoner confined in electronic means, which can generate
a jail or institution, service shall be by the proof of service;
management of such institution, who is (d) By such other means directed by the
deemed deputized as a special sheriff. court.

Upon Minors and Incom petents [Sec. Upon Public Corporations [Sec. 13]
10] Service is effected:
Service upon minors is effected upon: (1) Upon the Republic of the Philippines to
(1) The minor defendant; and the Solicitor General;
(2) His legal guardian, or any of his parents (2) Upon provinces, cities, municipalities, and
like public corporations through the
Service upon incompetents is effected upon: executive head, or on such officers as law
(1) The defendant personally; and or the court may direct.
(2) His legal guardian
F.4 RETURN AND PROOF OF SERVICE
In either case, if there be no legal guardian,
the plaintiff shall apply for the appointment RETURN [Sec. 4, Rule 14]
of a guardian ad litem, whom he shall also
serve upon. When service has been completed, the server
shall:
Upon Dom estic Private Juridical (1) Serve a copy of the return to the plaintiffs
Entity [Sec. 11] counsel, personally or by registered mail,
Service is effected upon: within 5 days from service of summons;
(1) The president, and
(2) Managing partner, (2) The server shall return the summons,
(3) General manager, accompanied by proof of service, to the
(4) Corporate secretary, clerk who issued it.
(5) Treasurer, or
(6) In- house counsel It is required to be given to the plaintiffs
counsel in order to enable him:
Upon a Foreign Private Juridical (1) To move for a default order should the
Entity [Sec. 12] defendant fail to answer on time, or
Service is effected: (2) In case of non-service, so that alias
(1) When the defendant is transacting summons may be sought
business in the Philippines:
(a) Upon the resident agent; or In either of the 2 cases, server must serve a
(b) Upon the government agent copy of the return on plaintiffs counsel within
designated by law; or 5 days from completion or failure of service
(c) Any officer or agent of the corporation.
Note that service in the cases of (b) and (c) ALIAS SUMMONS [Sec. 5, Rule 14]
require that there is no resident agent Upon plaintiffs demand, the clerk may issue
(2) When the defendant is not registered in an alias summons if either:
the Philippines, or has no agent, with (1) Summons is returned without being
leave of court: served on any/all of the defendants.
(a) By personal service coursed through (2) Summons was lost.
the appropriate foreign court, with the
assistance of the DFA; The server shall also serve a copy of the
(b) By publication in a newspaper of return on the plaintiff's counsel within 5 days
general circulation in the country therefrom, stating the reasons for the failure
where the defendant may be found; of service
and by serving a copy of the summons
and court order by registered mail at
the defendants last known address;

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PROOF OF SERVICE [Sec. 18, Rule 14] G. MOTIONS IN GENERAL


Proof service shall be made in writing, and
shall state A motion is any application for relief other
(1) the manner, place, date of service; than by a pleading
(2) any papers which served with the process;
and Motions versus Pleadings
(3) the name of the person who received the Motion Pleading
same. Contains allegations Contains allegations
of facts of the ultimate facts
Proof of service shall be sworn to when made Prays for a relief Prays for a relief
by a person, other than the sheriff or his Grant of the relief
Grant of relief
deputy. does not extinguish
extinguishes the
the action
action (final relief)
If effected by publication, proof of service (interlocutory relief)
shall be by: Generally in writing
(1) The affidavit of the printer, his foreman, or (with some Always in writing
principal clerk; or of the editor, business or exceptions)
advertising manager
(2) A copy of the publication; and GENERAL RULE: A motion does not pray
(3) An affidavit showing the deposit in the for judgment
post office, with postage prepaid, directed
for registered mail to the last known Exceptions:
address of the defendant of: (1) Motion for judgment on the pleadings.
(a) A copy of the summons; and (2) Motion for summary judgment.
(b) The order of publication. (3) Motion for judgment on demurrer to
evidence.
Effect of Defect of Proof of Service
(1) Where sheriffs return is defective, G.1. CONTENTS AND FORM OF MOTION
presumption of regularity in the
performance of official functions will not Contents [Sec. 3, Rule 15]
lie (1) Relief sought to be obtained
(2) Defective return is insufficient and (2) Grounds upon which it is based
incompetent to prove that summons was (3) With supporting affidavits and other
indeed served papers if:
(3) Party alleging valid summons will now (a) Required by the Rules, or
prove that summons was indeed served (b) Necessary to prove facts alleged
(4) If there is no valid summons, court did not therein
acquire jurisdiction which renders null and
void all subsequent proceedings and Form [Sec. 2, Rule 15]
issuances Generally, in writing, except:
(1) Motions for continuance made in the
presence of the adverse party or those
made in the course of the hearing or trial
(2) Those made in open court even in the
absence of the adverse party or those
made in the course of a hearing or trial

G.2 KINDS OF MOTIONS


(1) Litigated M otions -- one which
requires the parties to be heard before a
ruling on the motion is made by the court;
written motions are generally litigated
motions

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(2) Ex Parte Motions one which does not Exceptions to the rule on Notice of
require such ruling, and upon which the Hearing:
court may act without prejudicing the (1) Ex parte motions;
rights of the other party (2) Urgent motions;
(3) Motion of Course - one for a relief or (3) Motions agreed upon by the parties to be
remedy, to which the movant is entitled as heard on shorter notice, or jointly
a matter of right; factual allegations submitted by the parties;
contained therein do not require (4) Motions for summary judgment which
verification or investigation must be served at least 10 days before its
(4) Special Motions one involving hearing.
discretion of the court and requiring
investigation on the facts alleged Proof of Service [Sec. 6, Rule 15]
(5) Pro Forma Motions one which fails to A written motion set for hearing will not be
indicate the time and place of the hearing acted upon by the court if there is no proof of
service thereof.
G.3 NOTICE OF HEARING AND HEARING
OF MOTIONS Exceptions:
Litigated written motions shall be set for (1) If the motion is one which the court can
hearing by the movant or applicant. [Sec. 4, hear ex parte.
Rule 15] (2) If the court is satisfied that the rights of
the adverse parties are not affected by the
GENERAL RULE: Motions shall be motion.
scheduled for hearing on Motion Day (3) If the party is in default; such a party is not
(1) On Friday afternoons; or entitled to notice.
(2) Afternoon of the next working day, if
Friday is a non-working day. [Sec. 7, Rule G.4. OMNIBUS MOTION RULE
15] A motion attacking a pleading, order,
judgment, or proceeding must include all
EXCEPTION: Motions which require objections then available. All objections not
immediate action included in the motion are deemed waived.
[Sec. 8, Rule 15]
NOTICE OF HEARING
Notice shall be addressed to all parties, and Purpose: To require the movant to raise all
shall specify the time and date of the hearing available exceptions for relief during a single
which shall not be later than 10 days from the opportunity so that multiple and piece-meal
filing of the motion. [Sec. 5, Rule 15] objections may be avoided

Motion and notice of hearing must be served Exception:


at least 3 days before the date of hearing; (1) Lack of jurisdiction over subject matter
[Sec. 4, Rule 15] (2) Litis pendentia
(3) Res judicata
Purpose: To prevent surprise upon the (4) Prescription [Sec. 8, Rule 15; icow Sec. 1,
adverse party and to enable the latter to Rule 9]
study and meet the arguments of the motion.
H. MOTION FOR BILL OF
Notice must be addressed to the counsels. A PARTICULARS
notice of hearing addressed to the clerk of
court, and not to the parties, is no notice at Bill of Particulars is a detailed
all. Accordingly, a motion that does not explanation respecting any matter which is
contain a notice of hearing to the adverse not averred with sufficient definiteness or
party is nothing but a mere scrap of paper, as particularity in the complaint as to enable a
if it were not filed. [Provident International party to properly prepare his responsive
Resources v. CA, G.R. No. 119328 (1996)] pleading [Sec. 1, Rule 12]

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An action cannot be dismissed on the ground H.2 ACTION OF THE COURT


that the complaint is vague or indefinite. The Upon filing of the motion, the clerk must
remedy of the defendant is to move for a Bill immediately bring it to the attention of the
of Particulars, or avail of the proper mode of court. [Sec. 2, Rule 12]
discovery. [Galeon v. Galeon, G.R. No. L-
30380 (1973)] The court may either:
(1) Deny
H.1. PURPOSE AND WHEN APPLIED FOR (2) Grant the motion outright
The purpose of the motion is to seek an (3) Allow the parties the opportunity to be
order from the court directing the pleader to heard
submit a bill of particulars, which avers
matters with sufficient definiteness or H.3 COMPLIANCE WITH THE ORDER
particularity to enable the movant to prepare If motion is granted, either in whole or in part,
his responsive pleading. the pleader must file a Bill of Particulars or a
more definite statement, within 10 days from
It is not to enable the movant to prepare for notice of order, unless the court fixes a
trial. When this is the purpose, the different period.
appropriate remedy is to avail of Discovery
Procedures under Rules 23 to 29. [Riano] The bill of particulars or a more definite
statement ordered by the court may be filed
W hen Applied For either as a separate pleading or in an
(1) Before responding to a pleading amended pleading, and a copy of which must
(2) If sought to clarify a reply, within 10 days be served on the adverse party. [Sec. 3, Rule
from service thereof 12]

The motion should point out: A Bill of Particulars becomes part of the
(1) The defects complained of; pleading for which it was intended. [Sec. 6,
(2) The paragraph wherein they are Rule 12]
contained;
(3) The details desired. [Sec. 1, Rule 12] Effect of Non-Compliance [Sec. 4, Rule
12]
The only question to be resolved in such (1) In case of non-compliance or insufficient
motion is whether the allegations in the compliance with the order for Bill of
complaint are averred with sufficient Particulars, the court may:
definiteness or particularity to enable the (a) Order the striking out of the pleading
movant to properly prepare his responsive (or portion thereof) to which the order
pleading and to prepare for trial. [Tantuico, Jr. is directed; or
v. Republic, G.R. No. 89114 (1991)] (b) Make such order as it may deem just.
(2) If the plaintiff fails to obey, his complaint
What cannot be done in a Bill of Particulars: may be dismissed with prejudice unless
(1) To supply material allegations necessary otherwise ordered by the court. [Sec. 4,
to the validity of a pleading Rule 12; Sec. 3, Rule 17]
(2) To change a cause of action or defense (3) If defendant fails to obey, his answer will
stated in the pleading be stricken off and his counterclaim
(3) To state a cause of action or defense other dismissed, and he will be declared in
than the one stated default upon motion of the plaintiff. [Sec.
(4) To set forth the pleaders theory of his 3, Rule 9; Sec. 4, Rule 12; Sec. 4, Rule 17]
cause of action or a rule of evidence on
which he intends to reply H.4 EFFECT ON THE PERIOD TO FILE
(5) To furnish evidentiary information [Virata v. RESPONSIVE PLEADING
Sandiganbayan, G.R. No. 103527 (1993)] Provided that the Motion for Bill of
Particulars is sufficient in form and substance,
it stays the period for the movant to file
his responsive pleading.

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The movant may file his responsive pleading: (2) The court has allowed the filing of a
(1) Within the period he was entitled at the motion to dismiss where the evidence that
time the motion was filed; or would constitute a ground for dismissal
(2) Within 5 days was discovered during trial
whichever is higher.
GENERAL RULE: A court may not dismiss
Such period shall be reckoned from: a case motu propio, unless a motion to that
(1) Service of the Bill of Particulars or more effect is filed by a party.
definite pleading; or
(2) Notice of denial of his Motion for Bill of EXCEPTIONS:
Particulars. (1) Upon the grounds stated in Sec. 1, Rule 9;
(2) Due to fault of the plaintiff, under Sec. 3,
J. MOTION TO DISMISS Rule 17;
A remedy of the defendant, which attacks the (3) Pursuant to Sec. 4, Revised Rule on
entire pleading and seeks its dismissal based Summary Procedure.
on:
(1) Grounds which are patent on the face of J.1. GROUNDS
the complaint; (1) Lack of jurisdiction over the defendants
(2) Defenses available to the defendant at the person
time of the filing of the complaint (2) Lack of jurisdiction over the subject matter
of the claim
The Motion hypothetically admits the truth of (3) Improper venue
the factual allegations stated in the (4) Plaintiffs lack of legal capacity to sue
complaint. (5) Litis pendentia
(6) Res judicata
It is not a responsive pleading. It is not a (7) Prescription
pleading at all. (8) Failure to state a cause of action
(9) Extinguished claim
It is subject to the omnibus motion rule since (10) Unenforceable claim under the
it is a motion that attacks a pleading. Hence, Statute of Frauds
it must raise all objections available at the (11) Non-compliance with a condition
time of the filing thereof. precedent for filing claim

Types of Dismissal of Action: NOTE: Complaints cannot be dismissed on


(1) Upon Motion to Dismiss under Rule 16; ground not alleged in a motion to dismiss.
(2) Dismissal under Rule 17: The motion may be based on only one of the
(a) Upon notice by plaintiff; grounds enumerated in Sec. 1, Rule 16
(b) Upon motion by plaintiff;
(c) Due to fault of plaintiff. LACK OF JURISDICTION OVER THE PERSON
(3) Upon Demurrer to Evidence after plaintiff OF THE DEFENDANT
has presented his evidence under Rule 33; This objection must be raised:
(4) Dismissal of an appeal. (1) At the very first opportunity;
(2) Before any voluntary appearance is made.
Period to File
In La Naval Drug Corp. v. CA, et al., [G.R. No.
GENERAL RULE: Within the time for, but 103200 (1994)] the Court held that while lack
before filing of, the answer to the complaint of jurisdiction over the person of defendant
or pleading asserting a claim may be duly and seasonably raised, his
voluntary appearance in court without
EXCEPTIONS: qualification is a waiver of such defense.
(1) For special reasons which may be allowed
even after trial has begun, a motion to Sec. 20, Rule 14 makes a categorical
dismiss may be filed statement that the inclusion in a motion to
dismiss of other grounds aside from lack of

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jurisdiction over the person of the defendant (2) When he does not have the character
shall not be deemed voluntary appearance on which he claims, which is a matter of
his part. evidence (e.g. when he is not really a duly
appointed administrator of an estate).
LACK OF JURISDICTION OVER THE [Recreation and Amusement Association of
SUBJECT MATTER the Philippines v. City of Manila, G.R. No. L-
If the complaint shows lack of jurisdiction 7922 (1957)]
over subject matter on its face, the court may
dismiss the case outright even without a Lack of legal capacity to sue refers to
motion to dismiss. [Sec. 1, Rule 9] plaintiffs disability; while lack of legal
personality to sue refers to the fact that the
A motion to dismiss on this ground may also plaintiff is not a real party in interest, in which
be raised case the ground for dismissal would be that
(1) Before answer; the complaint states no cause of action.
(2) After answer is filed;
(3) After hearing had commenced; The issue of plaintiffs lack of legal capacity to
(4) At any stage of the proceeding, even for sue cannot be raised for the first time on
the first time on appeal and even if no appeal where the defendant dealt with the
such defense is raised in the answer. former as a party in the proceedings below
[Univ. of Pangasinan Faculty Union v. Univ. of
NOTE: The rule refers to the subject matter Pangasinan, G.R. No. 64821-23 (1993)]
of each particular claim and not only to that
of the suit. Hence. other initiatory pleadings LITIS PENDENTIA
included.
Requisites
Where a party invokes the jurisdiction of a (1) Identity of parties, or at least such as
court to obtain affirmative relief and fails, he representing the same interest in both
cannot thereafter repudiate such jurisdiction. actions;
While the issue of jurisdiction may be raised (2) Identity of rights asserted and relief
at any time, he is estopped as it is prayed for, the relief being founded on the
tantamount to speculating on the fortunes of same facts; and
litigation [Crisostomo, et al. v. CA, G.R. No. (3) Identity of the two cases such that
27166 (1970)] judgment in one would amount to res
judicata on the action under consideration
[Film Development Council of the
IMPROPER VENUE
Philippines v. SM Prime Holdings, Inc.
Unless and until the defendant objects to the
(2013)]
venue in a MTD prior to a responsive pleading,
the venue cannot truly be said to have been
It is not required to allege that there be a
improperly laid. [Diaz v. Adiong, G.R. No.
prior pending case. It is sufficient to allege
106847 (1993)]
and prove the pendency of another case, even
if same had been brought later.
Where a motion to dismiss for improper
venue is erroneously denied, the remedy is
It is not required that the later case be
prohibition [Enriquez v. Macadaeg, G.R. No.
dismissed in favor of the earlier case. To
L-2422]
determine which case should be abated,
apply:
PLAINTIFF HAS NO LEGAL CAPACITY TO (1) The More Appropriate Action Test;
SUE (2) The Interest of Justice Test, taking into
The plaintiff lacks legal capacity to sue: account:
(1) When he does not possess the necessary (a) Nature of the controversy;
qualification to appear at the trial (e.g. (b) Comparative accessibility of the court
when he plaintiff is not in the full exercise to the parties;
of his civil rights); (c) Other similar factors.

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establish the former and the present causes


In both tests, the parties good faith shall be of action. [DBP v. Pundogar (1993)]
taken into consideration.
Rationale: The sum and substance of the
The 1st case shall be abated if it is merely an whole doctrine is that a matter once judicially
anticipatory action or defense against an decided is finally decided because of:
expected suit. The 2nd case will not be (1) Public policy and necessity makes it the
abated if it is not brought to harass. interest of the State that there should be
[Vitrionics Computers v. RTC (1993)] an end to litigation;
(2) The hardship on the individual that he
RES JUDICATA should be vexed twice for the same cause.
[Nabus v. CA (1991)]
Two concepts of res judicata [Topacio v.
Banco Savings and Mortgage Bank (2010)] STATUTE OF LIMITATIONS
(1) Bar by prior judgm ent [Sec. 47(b), Prescription applies only when the complaint
Rule 39] on its face shows that indeed the action has
Judgment on the merits in the first case already prescribed.
constitutes an absolute bar to the
subsequent action not only as to every If the fact of prescription is not indicated on
matter which was offered and the face of the complaint and the same may
received to sustain or defeat the claim or be brought out later, the court must defer
demand, but also to any other decision on the motion until such time as
adm issible m atter which m ight proof may be presented on such fact of
have been offered for that purpose and prescription.
to all matters that could have been
adjudged in that case. Prescription Laches
(2) Conclusiveness of judgment [Sec. Concerned with the Concerned with the
47(c), Rule 39] fact of delay effect of delay
The second action is upon a different A matter of time A matter of equity
claim or demand, the judgment in the first Statutory Not statutory
case operates as an estoppel only with Applies in law Applies in equity
regard to those issues directly Not based on fixed
controverted, upon the determination of Based on fixed time
time
which the judgment was rendered.
Defense of prescription is waived and cannot
Requisites for Bar by Prior Judgm ent be considered on appeal if not raised in the
(1) Former judgment or order must be final; trial court [Ramos v. Osorio, G.R. No. L-27306
(2) The judgment or order must be on the (1971)]
merits;
(3) The decision must have been rendered by However, if the allegations of the complaint,
a court having jurisdiction over the subject or evidence presented, clearly indicate that
matter and the parties; the action has prescribed, or where there is
(4) There must be, between the two actions, no issue in fact as to prescription, defense of
identity: prescription is not deemed waived by failure
(a) of parties; to allege the same [Chua Lamko v. Dioso, G.R.
(b) of subject matter; and No. L-6293 (1955)]
(c) of causes of action [Topacio v. Banco
Filipino Savings and Mortgage Bank Estoppel and prescription cannot be invoked
(2010)] against the State [Republic v. CA, G.R. No.
116111 (1999)]
The test of identity of cause of action lies not
in the form of the action but on whether or A motion to dismiss on the ground of
not the same evidence would support and prescription will be given due course only if
the complaint shows on its face that the
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action has already prescribed [Sison v.


McQuaid, G.R. No. L-6304 (1953)] Complaint states no
No cause of action
cause of action
If it is not apparent on its face, take note that Insufficiency of Insufficiency of
Sec. 3 prohibits deferment of the resolution of allegations in the factual basis for the
the motion. Thus: pleading action
(1) Evidence may be received in support of the May be raised at any
motion under Sec. 2, Rule 16; or time, after the
(2) The motion to dismiss should be denied May be raised in a questions of fact
without prejudice to the complaints Motion to Dismiss at have been resolved
dismissal if evidence disclose that the any time but before on the basis of the
action had already prescribed [Sec. 1, Rule the filing the answer stipulations,
9] to the complaint or admissions, or
pleading asserting a evidence presented
COMPLAINT STATES NO CAUSE OF ACTION claim [Macaslang v.
Failure to state a cause of action (not lack of Zamora, G.R. No.
cause of action) is the ground for a MTD. The 156375 (2011)]
former means there is insufficiency in the Dismissal due to lack
allegations in the pleading. The latter means Dismissal due to of cause of action is
that there is insufficiency in the factual basis failure to state a made after questions
of the action. cause of action can of fact have been
be made at the resolved on the basis
The failure to state a cause of action must be earliest stages of an of stipulations,
evident on the face of the complaint itself. action and without admissions or
prejudice evidence presented
Test: Assuming the allegations and and with prejudice
statements to be true, does the plaintiff have
a valid cause of action? EXTINGUISHED CLAIM
That the claim/demand set forth in the
A MTD based upon the ground of failure to plaintiff's pleading has been paid, waived,
state a cause of action imports a hypothetical abandoned or otherwise extinguished.
admission by the defendant of the facts
alleged in the complaint. UNENFORCEABLE CLAIM UNDER THE
STATUTE OF FRAUDS
If the court finds the allegations of the Art. 1403(2) of the Civil Code requires certain
complaint to be sufficient but doubts their contracts to be evidenced by some note or
veracity, it must deny the MTD and require memorandum in order to be enforceable, to
the defendant to answer and then proceed to wit:
try the case on its merits. (1) An agreement that by its terms is not to be
performed within a year from the making
A complaint containing a premature cause of thereof;
action may be dismissed for failure to state a (2) A special promise to answer for the debt,
cause of action. default, or miscarriage of another;
(3) An agreement made in consideration of
If the suit is not brought against the real marriage, other than a mutual promise to
party-in-interest, a motion to dismiss may be marry;
filed on the ground that the complaint states (4) An agreement for the sale of goods,
no cause of action. [Tanpinco v. IAC, G.R. No. chattels or things in action, at a price not
76225 (1992)] less than five hundred pesos, unless the
buyer accept and receive part of such
goods and chattels, or the evidences, or
some of them, of such things in action, or
pay at the time some part of the purchase
money; but when a sale is made by
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auction and entry is made by the (1) Arguments on questions of law


auctioneer in his sales book, at the time of (2) Evidence on questions of fact, except
the sale, of the amount and kind of those not available at that time
property sold, terms of sale, price, names
of the purchasers and person on whose If the case should later go to trial, evidence
account the sale is made, it is a sufficient presented in the hearing shall automatically
memorandum; be part of the evidence of the party
(5) An agreement for the leasing for a longer presenting the same.
period than one year, or for the sale of real
property or of an interest therein; Evidence need not be presented when the
(6) A representation as to the credit of a third ground relied upon is failure to state a cause
person. of action, which must generally be
determined on the basis of the facts alleged
Unlike a motion to dismiss on the ground that in the complaint.
the complaint states no cause of action, a
motion invoking the Statute of Frauds may be Lack of formal hearing is not fatal when the
filed even if the absence of a cause of action issues raised were fully discussed in the
does not appear on the face of the complaint. motion and opposition. [Castillo v. CA, G.R.
Such absence may be proved during the No. L-52008 (1988)]
hearing of the motion to dismiss on said
ground. [Yuviengco et al. v. Dacuycuy, etc., et After hearing, the court may:
al., G.R. No. L-55048 (1981)] (1) Dismiss the action/claim
(2) Deny the MTD
NON-COMPLIANCE WITH CONDITION (3) Order amendment of the pleadings [Sec. 3,
PRECEDENT Rule 16]
Where the plaintiff has not exhausted all
administrative remedies, the complaint not The court cannot defer the resolution of the
having alleged the fact of such exhaustion, motion for the reason that the ground relied
the same may be dismissed for lack of cause upon is not indubitable, and must clearly and
of action [Pineda v. CFI Davao, et al.] distinctly state the reasons for its resolution.

Where the complaint does not state that it is J.3. BAR BY DISMISSAL
one of the excepted cases, or it does not
allege prior availment of conciliation process, GENERAL RULE: The action/claim may be
or it does not have a certification that no re-filed.
conciliation or settlement had been reached
under PD1508, case should be dismissed on EXCEPTION: The action cannot be re-filed
motion [Morata v. Go, et al., G.R. No. L-62339 (although subject to appeal) if it was
(1983)] dismissed on any of the following grounds:
(1) Res judicata;
Where the defendant had participated in the (2) Prescription;
trial court without any invocation of PD 1508, (3) Extinguishment of the claim/demand;
and the judgment therein had become final (4) Unenforceability under the Statute of
and executory, but said defendant thereafter Frauds. [Sec. 1(f), (h), (i), Rule 16]
sought the annulment of the decision for
alleged lack of jurisdiction, the same was J.4. REMEDIES OF PLAINTIFF WHEN THE
denied under the doctrine of estoppel and COMPLAINT IS DISMISSED
laches [Royales, et al., v. IAC, G.R. No. L- If the motion is granted, the complaint is
65072 (1984)] dismissed. Such dismissal is final, and not
interlocutory.
J.2. RESOLUTION OF MOTION
A motion to dismiss is a litigated motion The plaintiff has several options:
and should be heard. During the hearing, (1) Where dismissal for certain grounds are
parties shall submit: not tantamount to adjudication on the

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merits (e.g. improper venue), the plaintiff prosecution of the counterclaim in the same
may refile the complaint. or separate action.
(2) Where it is for a ground which bars re-
filing, the plaintiff may appeal from the J.7. DISTINGUISHED FROM DEMURRER TO
order of dismissal; EVIDENCE [RULE 33]
(3) Where the dismissal was tainted with A motion to dismiss under this Rule differs
grave abuse of discretion, the plaintiff may from a motion to dismiss under Rule 33 on
also avail of a petition for certiorari. demurrer to evidence:
[Riano] Motion to Dismiss Demurrer to Evidence
Grounded on Based on
J.5. REMEDIES OF DEFENDANT WHEN THE preliminary insufficiency of
MOTION IS DENIED objections evidence
If the motion is denied, the denial is May be filed by any
interlocutory. May be filed only by
defending party
the defendant
against whom a
GENERAL RULE: The filing of an answer against the complaint
claim is asserted in
and going through the usual trial process, of the plaintiff
the action
and later, the filing of a tim ely appeal Should be filed
from the adverse judgment are the proper within the time for May be filed for the
remedies against a denial of a motion to but prior to the filing dismissal of the case
dismiss. of the answer of the only after the plaintiff
defending party to has completed the
If the motion is denied, the movant shall the pleading presentation of his
file his answer: asserting the claim evidence
(1) Within the balance of the period against him
prescribed under Rule 11 to which he was If denied, defendant
entitled at the time of serving his motion; must file an answer, If denied, defendant
or or else he may be may present evidence
(2) Within 5 days declared in default
whichever is higher. [Rule 16, Sec. 4] If granted, plaintiff
If granted, plaintiff
appeals and the order
If the pleading is ordered to be amended, the may appeal or if
of dismissal is
movant shall file his answer within the period subsequent case is
reversed, defendant
prescribed by Rule 11, counted from service of not barred, he may
loses his right to
amended pleading, unless a longer period is re-file the case
present evidence
prescribed by the court.
K. DISMISSAL OF ACTIONS
EXCEPTION The denial may be assailed by
certiorari, prohibition or mandamus, if there is
K.1. DISMISSAL UPON NOTICE BY
a showing that the denial was tainted by with
PLAINTIFF
grave abuse of discretion amounting to
Dismissal by plaintiff as a matter of right
lack of jurisdiction.
Dismissal is effected by mere notice of
J.6. WHEN GROUNDS PLEADED AS
dismissal, which is a matter of right, before
AFFIRMATIVE DEFENSES
service of:
If no motion to dismiss had been filed, any of
(1) The answer; or
the grounds for dismissal may be pleaded as
affirmative defenses and a preliminary (2) A motion for summary judgment
hearing may be had at courts discretion. [Sec.
The dismissal as a matter of right ceases
6, Rule 16]
when an answer or a motion for summary
judgment is served on the plaintiff, not
A defendant with a counterclaim should
when the answer or the motion is filed
plead these grounds as affirmative defenses
with the court.
as dismissal of the complaint under this
section shall be without prejudice to the
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Withdrawal is not autom atic but requires Effect on Counterclaim :


an order by the court confirming the If counterclaim has been pleaded by
dismissal. Until confirmed, the withdrawal defendant prior to service upon him of
does not take effect. The requirement is in plaintiffs motion for dismissal, dismissal
keeping with the respect due the court. shall be limited to the complaint
[Herrera]
The defendant either:
However, it is not the order which operates to (1) Prosecute his counterclaim in a separate
dismiss the complaint. As stated by the rule, action; or
it merely confirms the dismissal already The court should render the
effected by the filing of the notice. [Riano] corresponding order granting the
plaintiffs motion and reserving his
GENERAL RULE: Dismissal is without right to prosecute his claim in a
prejudice separate complaint
(2) Have the same resolved in the same action
EXCEPTIONS: Defendant must manifest such
(1) Where the notice of dismissal so provides; preference to the trial court within 15
or days from notice of the plaintiffs
(2) Where the plaintiff has previously motion to dismiss
dismissed the same case in a court of
competent jurisdiction (Two Dismissal These alternative remedies of the defendant
Rule) are available to him regardless of whether his
(3) Where the notice of dismissal is premised counterclaim is compulsory or permissive.
on a reason which would prevent refiling
of the complaint (e.g. extinguishment or K.3. DISMISSAL DUE TO FAULT OF THE
res judicata) [Riano] PLAINTIFF
The case may be dismissed motu proprio or
Two Dismissal Rule upon the defendants motion if, without
Applies when the following are met: justifiable cause, plaintiff:
(1) Plantiff had twice dismissed actions; (1) Fails to appear on the date of the
(2) Both actions based on , or including, the presentation of his evidence-in-
same claims; chief on the complaint;
(3) In a court of competent jurisdiction. (a) The plaintiffs failure to appear at the
trial after he has presented his
The second dismissal operates as an evidence and rested his case does not
adjudication on the m erits. warrant the dismissal of the case on
the ground of failure to prosecute. It is
K.2. DISMISSAL UPON MOTION OF merely a waiver of his right to cross-
PLAINTIFF examine and to object to the
Under this section, dismissal of the complaint admissibility of evidence. [Jalover v.
is subject to the discretion of the court and Ytoriaga, G.R. No. L-35989 (1977)]
upon such terms and conditions as may be (b) Since plaintiffs presence is now
just. required only during the presentation
of his evidence in chief, his absence
GENERAL RULE: Dismissal is without during the presentation of defendant or
prejudice other parties evidence, or even at
rebuttal or subsequent stages, is not a
EXCEPTIONS: ground for dismissal.
(1) When otherwise stated in the motion to (2) Fails to prosecute his action for an
dismiss; or unreasonable length of time (nolle
(2) When stated to be with prejudice in the prosequi);
order of the court (a) The test for dismissal of a case due to
failure to prosecute is WON, under the
circumstances, the plaintiff is

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chargeable with want of due diligence GENERAL RULE: Dismissal is with


in failing to proceed with reasonable prejudice, and operates as an adjudication on
promptitude. [Calalang v. CA, G.R. No. the merits
103185 (1993)]
(b) The dismissal of an action pursuant to EXCEPTIONS:
this rule rests upon the sound (1) The court declares otherwise, without
discretion of the court [Smith Bell and prejudice to the right of the defendant to
Co. v. American President Lines Ltd. prosecute his counter-claim in the same or
(1954)] separate action
(c) The action should never be dismissed (2) If court has not yet acquired jurisdiction
on a non-suit for want of prosecution over the person of the defendant
when the delay was caused by the
parties looking towards a settlement. Effect on Counterclaim :
[Goldloop Properties Inc. v. CA, G.R. No. Defendant is granted the choice to prosecute
99431 (1992)] that counterclaim in either the same or a
(3) Fails to comply with the Rules or separate action
any court order.
(a) The order must be valid Defendant is not required to manifest his
(b) Failure to comply with order: preference within a 15-day period as in Sec. 2.
(c) Dismissal for failure to comply with
order to amend complaint to make The motions to dismiss in this section and in
claims asserted more definite is ground Sec. 6, Rule 16 are filed by a defendant who
for dismissal [Santos v. General Wood has already deliberated on the course of
Craft, G.R. No. L-28996 (1982)] action he intends to take on his counterclaim
(d) Failure to comply with an order to and which he may even manifest right in his
include indispensable parties is ground motion to dismiss.
for dismissal [Aranico-Rubino v. Aquino,
G.R. No. L-46641 (1977)] The dismissal in Sec. 2 is at the instance of
(e) The failure to comply with order of new plaintiff, hence, defendant is granted the
judge to recall witness so he may time and duty to manifest preference within
observe demeanor is sufficient ground 15 days from notice, after an opportunity to
for dismissal [Castillo v. Torres, G.R. No. study the situation.
9181 (1915)]
(4) Failure to comply with rules K.4. DISMISSAL OF COUNTERCLAIM,
(a) The failure of the parties to submit a CROSS-CLAIM, OR THIRD-PARTY
compromise agreement within period COMPLAINT
granted to them by court is not a Provisions of Rule 17 shall apply to the
ground for dismissal [Goldloop dismissal of any counterclaim, cross-claim, or
Properties Inc. v. CA, G.R. No. 99431 third-party complaint
(1992)]
(b) Dismissal is improper where a 3rd party Voluntary dismissal by claimant by notice as
complaint has been admitted and the in Sec. 1, shall be made:
3rd party defendant had not yet been (1) Before a responsive pleading or motion for
summoned [Sotto v. Valenzuela, G.R. summary judgment is served; or
No. L-12732 (1959)] (2) If there is none, before introduction of
(c) A case may be dismissed for failure to evidence at trial or hearing
answer written interrogatories under
Rule 25 even without an order from the
court to answer. [Arellano v. CFI-
Sorsogon, G.R. No. L-34897 (1975)]

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L. PRE-TRIAL Pre-trial is M andatory


Pre-Trial is a mandatory conference and Mandatory nature is addressed to both court
personal confrontation before the judge and parties:
between the parties and their respective Court must set the case for pre-trial and
counsel, called by the court after the joinder notify the parties as well as counsel to
of issues in a case or after the last pleading appear
has been filed and before trial, for the Parties with their counsel are obliged to
purpose of settling the litigation obey the order of the court to that effect
expeditiously or simplifying the issues
without sacrificing the necessary demands of Primary Objective
justice. Pre-trial is primarily intended to make certain
that all issues necessary to the disposition of
It is a procedural device by which the court is a case are properly raised.
called upon, after the filing of the last
pleading, to compel the parties and their Thus, to obviate the element of surprise,
lawyers to appear before it, and negotiate an parties are expected to disclose at a pre-trial
amicable settlement or otherwise make a conference all issues of law and fact which
formal settlement and embody in a single they intend to raise at the trial, except such
document the issues of fact and law involved as may involve privileged or impeaching
in the action, and such other matters as may matters. The determination of issues at a pre-
aid in the prompt disposition in the case, such trial conference bars the consideration of
as: other questions on appeal. [Caltex v. CA, G.R.
(1) Number of witnesses No. 97753 (1992)]
(2) Tenor or character of their testimonies
(3) Documentary evidence; nature and L.2. NOTICE OF PRE-TRIAL
purpose of each After the last pleading has been served and
(4) Number of trial dates [Herrera] filed, it shall be the duty of the plaintiff to
promptly move ex parte that the case be set
L.1. NATURE AND PURPOSE for pre-trial. [Sec. 1, Rule 18]
Purpose of pre-trial is to consider: [Sec. 2, Within 5 days from date of filing of the
Rule 18] reply, plaintiff must promptly move ex
(1) Possibility of an amicable settlement or of parte that the case be set for pre-trial
a submission to alternative modes of conference.
dispute resolution; If the plaintiff fails to file said motion
(2) Simplification of the issues; within the given period, the branch clerk
(3) Necessity/desirability of amendments to shall issue a Notice of Pre-Trial [AM
the pleadings; No. 03-1-09-SC]
(4) Possibility of obtaining stipulations or
admissions of facts and of documents to The last pleading need not be literally
avoid unnecessary proof; construed as the actual filing of the last
(5) Limitation of the number of witnesses; pleading. For purpose of pre-trial, the
(6) Advisability of a preliminary reference of expiration of the period for filing the last
issues to a commissioner; pleading is sufficient [Sarmiento v. Juan, G.R.
(7) Propriety of rendering judgment on the No. L-56605 (1983)]
pleadings, or summary judgment, or of
dismissing the action should a valid The notice shall be served on counsel, or on
ground therefor be found to exist; the party if he has no counsel. [Sec. 3, Rule
(8) Advisability/necessity of suspending the 18]
proceedings; and
(9) Other matters that may aid in the prompt The sufficiency of the written notice of pre-
disposition of the action. trial is irrelevant where evidence shows that
counsel and the parties actually knew of the
pre-trial [Bembo v. CA, G.R. No. 116845
(1995)]
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When we say that a defendant is in default


L.3. APPEARANCE OF PARTIES it speaks of his failure to file responsive
It is the duty of both the parties and their pleading and not his non-appearance at pre-
counsel to appear at the pre-trial. [Sec. 4, trial.
Rule 18]
Remedies of Non-suited Party
W hen non-appearance is excused [Sec. (1) For a non-suited plaintiff:
4, Rule 18] Since the dismissal is with prejudice, it
Non-appearance of a party may be excused has the effect of an adjudication on the
only if either: merits.
(1) Valid cause is shown for it; The proper remedy of the plaintiff is
(2) A representative appears in his behalf, appeal, not certiorari [Chingkoe v.
fully authorized in writing: Republic, G.R. No. 183608 (2013)]
(a) To enter into an amicable settlement; (2) For a non-suited defendant:
(b) To submit to alternative modes of Since the order allowing presentation
dispute resolution; and of the evidence ex parte does not
(c) To enter into stipulations/admissions dispose of the case, it is interlocutory.
of facts and of documents. The remedy of the defendant is to file a
motion for reconsideration, and if
The written special authority must be in the denial is with grave abuse of discretion,
form of a special power of attorney as file a petition for certiorari [Riano]
authority to enter into amicable settlement
must be in such form. [Sec. 23, Rule 138; Art. L.4. PRE-TRIAL BRIEF
1878(3), Civil Code] Parties shall file and serve their respective
pre-trial briefs, ensuring receipt by adverse
Effect of Failure to Appear; Order of party at least 3 days before the date of the
Non-suit pre-trial.
(1) Of the plaintiff the case shall be
dismissed with prejudice, unless the court It is mandatory for parties to file their pre-
orders trial briefs as failure shall have the same
(2) Of the defendant the plaintiff shall be effect as failure to appear at the pre-trial.
allowed to present evidence ex parte, and [Sec. 6, Rule 18]
judgment shall be rendered based thereon
[Sec. 5, Rule 18] Contents
(1) Statement of their willingness to enter
The non-appearance of defendant in pre-trial into amicable settlement or alternative
is not a ground to declare him in default. modes of dispute resolution, indicating
Thus, we distinguish: the desired terms thereof;
Failure to appear by (2) Summary of admitted facts and proposed
Default by defendant
defendant [Sec. 5, Rule stipulation of facts;
[Sec. 3, Rule 9]
18] (3) Issues to be tried/resolved;
Upon motion and notice (4) Documents/exhibits to be presented,
Not required stating the purpose thereof;
to defendant.
Requires proof of failure (5) Manifestation of their having availed or
Not required their intention to avail themselves of
to answer
Court renders discovery procedures or referral to
Court may render
judgment based on the commissioners;
judgment without
evidence presented ex (6) Number and names of the witnesses, and
receiving evidence
parte the substance of their respective
Judgment by Default Judgment Ex Parte testimonies. [AM No. 03-1-09-SC]
Relief awarded must be Relief awarded may be
the same in nature and of different nature and Remedy of defendant is to file a motion for
amount as prayed for in amount from the relief
reconsideration, showing that his failure to
the complaint prayed for
file a trial brief was due to fraud, accident,
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mistake, or excusable negligence. The filing (5) Should the action proceed to trial, the
of pre-trial brief is mandatory, and is not explicit definition and limit of the issues to
excused simply because the defendant was be tried.
not represented by counsel. [Saguid v. CA,
G.R. No. 150611 (2003)] Effect of Pre-Trial Order
The contents of the order shall control the
No evidence shall be allowed to be presented subsequent course of the action, unless:
and offered during the trial in support of a (1) Modified before trial to prevent manifest
partys evidence-in-chief other than those injustice [Sec. 7, Rule 18]
identified and pre-marked during the pre- (2) Issues impliedly included therein or may
trial, except if allowed by the court for good be inferable therefrom by necessary
cause shown. [AM No. 03-1-09-SC] implication [Philippine Export and Foreign
Loan Guarantee Corp. v. Amalgamated
L.5. PROCEEDINGS DURING AND AFTER Management and Development Corp., G.R.
PRE-TRIAL No. 177729 (2011)]
(3) Amendment to conform to evidence [Sec.
Record of Pre-Trial 5, Rule 10]
The pre-trial proceedings shall be recorded.
Upon termination of such proceedings, the L.6. DISTINCTION BETWEEN PRE-TRIAL IN
court shall issue the pre-trial order. [Sec. 7, CIVIL CASE AND IN CRIMINAL CASE
Rule 18] Criminal Case [Rule
Civil Case [Rule 18]
118]
ONE DAY EXAMINATION OF WITNESS RULE Set when the plaintiff Ordered by the court
The court shall ask the parties to agree on moves ex parte to set and no motion is
specific dates for continuous trial, adhere to the case for pre-trial required from either
the case flow chart determined by the court, [Sec. 1] party [Sec. 1]
and use the time frame for each stage in Ordered by the court
setting the trial dates. after arraignment,
Made after the last and within 30 days
Adherence to the One Day Examination of pleading has been from the date the
Witness Rule shall be required where the served and filed [Sec. court acquired
witness shall be fully examined in one day 1] jurisdiction over the
only, subject to the courts discretion during person of the
the trial on whether or not to extend the accused [Sec. 1]
examination for justifiable reasons. [AM No. Possibility of
03-1-09-SC] Possibility of an
amicable settlement
amicable settlement
of criminal liability
MOST IMPORTANT WITNESS RULE as an important
not among its
The court shall determine the most important objective [Sec. 2(a)]
purposes [Sec. 1]
witnesses, limit the number of such witnesses The sanctions for Sanctions are
and require the parties and/or counsels to non-appearance are imposed upon the
submit to the branch clerk of court the names, imposed upon the counsel for the
addresses and contact numbers of the plaintiff and the accused or the
witnesses to be summoned by subpoena. The defendant [Sec. 4] prosecutor [Sec. 3]
court may also refer the case to trial by A pre-trial brief is
commissioner under Rule 32. [AM No. 03-1- specifically required A pre-trial brief is not
09-SC] to be submitted [Sec. specifically required.
6]
Contents of Pre-Trial Order
(1) Matters taken up in the conference; Pre-trial under Criminal Cases require stricter
(2) Action taken thereon; procedure:
(3) Amendments allowed on the pleadings; Civil Case: The arrangements and
(4) Agreements/admissions made by the admissions are not required to be signed
parties as to any matters considered; by both parties and their counsels;
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instead contained in the record of pre- participates to assist in the resolution of issue
trial and pre-trial order [Sec. 7, Rule 18] [Sec. 3(a), RA 9285]
Recently, the proceedings during the
preliminary conference are recorded in Policy: To actively promote party autonomy
the Minutes of Preliminary Conference in the resolution of disputes or the freedom of
to be signed by both parties and/or the party to make their own arrangements to
counsel. Note that either the party or his resolve their disputes [Sec. 2, RA 9285]
counsel may sign. [AM No. 03-1-09-SC]
Exception to the Application of RA
Criminal Case All agreements or 9285 [Sec. 6]
admissions made during the pre-trial (1) Labor disputes covered by the Labor
conference are reduced in writing and Code;
signed by both the accused and counsel; (2) The civil status of persons;
otherwise, they cannot be used against (3) Validity of a marriage;
the accused. [Sec. 2, Rule 118] (4) Any ground for legal separation;
(5) The jurisdiction of courts;
L.7. ALTERNATIVE DISPUTE RESOLUTION (6) Future legitime;
One the purposes of pre-trial is the (7) Criminal liability; and
consideration of the possibility of amicable (8) Those which by law cannot be
settlement, or of a submission to alternative compromised.
modes of dispute resolution. [Sec. 2(a), Rule
18] Modes of Alternative Dispute
Resolution [Sec. 3, RA 9285]
The pre-trial briefs of parties must include (1) Arbitration -- a voluntary dispute
the parties statement of their willingness to resolution process in which one or more
enter into an amicable settlement indicating arbitrators, appointed in accordance with
the desired terms thereof or to submit the the agreement of the parties, or rules
case to any of the alternative modes of promulgated pursuant to this Act, resolve
dispute resolution [Sec. 6, Rule 18; AM No. a dispute by rendering an award
03-1-09-SC] (a) Dom estic Arbitration an arbitration
that is not international; governed by
At the start of the pre-trial conference, the RA 876 (Arbitration Law) [Sec. 32, RA
judge shall immediately refer the parties 9285]
and/or their counsel if authorized by their (b) International Arbitration An
clients to the Philippine Mediation Center arbitration is international if:
mediation unit for purposes of mediation if The parties to an arbitration
available. IF mediation fails, the judge will agreement have, at the time of the
schedule the continuance of the preliminary conclusion of that agreement, their
conference. [AM No. 03-1-09-SC] places of business in different
States; or
The judge should not allow the termination of One of the following places is
pre-trial siply because of the manifestation of situated outside the State in
the parties that they cannot settle the case. which the parties have their places
He should expose the parties to the of business [Art. 3, Model Law on
advantages of pre-trial [AM No. 03-1-09-SC] International Commercial
Arbitration]
ALTERNATIVE DISPUTE RESOLUTION (2) Mediation a voluntary process in which
SYSTEM a mediator, selected by the disputing
Any process or procedure used to resolve a parties, facilitates communication and
dispute or controversy, other than by negotiation, and assist the parties in
adjudication of a presiding judge of a court or reaching a voluntary agreement regarding
an officer of a government agency, as defined a dispute; includes conciliation [Sec. 7, RA
in the Act, in which a neutral third party 9285]

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(3) Mini-Trial a structured dispute the parties to appear at a particular time and
resolution method in which the merits of a date for hearing and allowing him to file a
case are argued before a panel comprising comment or opposition to petition within 15
senior decision makers with or without the days from receipt of notice.
presence of a neutral third person after
which the parties seek a negotiated Hearing shall not be set no later than 5 days
settlement from lapse of period for filing opposition or
(4) Early Neutral Evaluation a process comment.
wherein parties and their lawyers are
brought together early in a pre-trial phase Sum m ary Hearing - In all cases, as far as
to present summaries of their cases and practicable, the summary hearing shall be
receive a nonbinding assessment by an conducted in one (1) day and only for
experienced, neutral person, with purposes of clarifying facts.
expertise in the subject in the substance of
the dispute Prohibited Submissions [Rule 1.6]
(5) Combinations of alternative dispute (1) Motion to dismiss;
resolution processes: Med-Arb - step (2) Motion for bill of particulars;
dispute resolution process involving both (3) Motion for new trial or for reopening of
mediation and arbitration trial;
(4) Petition for relief from judgment;
Special Rules of Court on ADR [AM No. (5) Motion for extension, except in cases
07-11-08-SC] where an ex-parte temporary order of
The Special ADR Rules shall apply to and protection has been issued;
govern the following cases [Rule 1.1] (6) Rejoinder to reply;
(1) Relief on the issue of Existence, Validity, or (7) Motion to declare a party in default; and
Enforceability of the Arbitration (8) Any other pleading specifically
Agreement; disallowed under any provision of the
(2) Referral ADR Special ADR Rules.
(3) Interim Measures of Protection;
(4) Appointment of Arbitrator; No summons [Rule 1.9]
(5) Challenge to Appointment of Arbitrator; In cases covered by the Special ADR Rules, a
(6) Termination of Mandate of Arbitrator; court acquires authority to act on the petition
(7) Assistance in Taking Evidence; or motion upon proof of jurisdictional facts,
(8) Confirmation, Correction or Vacation of i.e., that the respondent was furnished a copy
Award in Domestic Arbitration; of the petition and the notice of hearing.
(9) Recognition and Enforcement or Setting
Aside of an Award in International
Commercial Arbitration;
(10) Recognition and Enforcement of a
Foreign Arbitral Award;
(11) Confidentiality/Protective Orders;
and
(12) Deposit and Enforcement of
Mediated Settlement Agreements.

Service and Filing of Petition


The petitioner shall serve, either by personal
service or courier, a copy of the petition upon
the respondent before the filing thereof.
Proof of service shall be attached to the
petition filed in court.

Notice is served once the court finds petition


sufficient in form and substance, directing

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PRE TRIAL

NO SETTLEMENT AMICABLE
FAILURE TO APPEAR SETTLEMENT

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

TRIAL

If evidence is insufficient
to prove plaintiffs cause
of action or defendants
counterclaim, court
rules in favor of either
one or dismisses the
case

COURT RENDERS
DECISION

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M. INTERVENTION of which is limited by considering "whether or


A proceeding in a suit or an action by which a not the intervention will unduly delay or
third person is permitted by the court to make prejudice the adjudication of the rights of the
himself a party, either: original parties and whether or not the
(1) Joining plaintiff in claiming what is sought intervenors rights may be fully protected in a
by the complaint; separate proceeding. [Virra Mall Tenants v.
(2) Joining with defendant in resisting the Virra Mall, G.R. No. 182902 (2011)]
claims of the plaintiff; or
(3) demanding something adverse to both of M.2. TIME TO INTERVENE
them. [Herrera] The motion to intervene may be filed at any
tim e before rendition of judgm ent by
Intervention is never an independent action, the trial court.
but is ancillary and supplemental to the
existing litigation. Its purpose is to afford one Effected by:
not an original party, yet having a certain (1) A motion to intervene
right/interest in the pending case, the (2) Attaching the pleading-in-intervention;
opportunity to appear and be joined so he and
could assert or protect such right/interest. (3) Also serving the motion and pleading-in-
[Carino v. Ofilada, G.R. No. 102836 (1993)] intervention on the original parties [Sec. 2,
Rule 19]
M.1. REQUISITES FOR INTERVENTION
(1) The legal interest: GENERAL RULE: Allowance of intervention
(a) In the matter in controversy; or is discretionary with the court
(b) In the success of either of the parties;
or EXCEPTION: When the intervenor is an
(c) Against both; or indispensable party
(d) So situated as to be adversely affected
by a distribution or other disposition of M. 3. PLEADINGS-IN-INTERVENTION
property in the custody of the court or (1) Complaint-in-intervention If
of an office thereof; intervenor asserts a claim against either or
(2) Intervention will not unduly delay or all of the original parties.
prejudice the adjudication of rights of (2) Answer-in-intervention If intervenor
original parties unites with the defending party in resisting
(3) Intervenors rights may not be fully a claim against the latter.
protected in a separate proceeding (3) Answer to complaint-in-
[Lorenza Ortega v. CA, G.R. No. 125302 intervention [Sec. 4, Rule 19] - It must
(1998)] be filed within 15 days from notice of the
order admitting the complaint-in-
MEANING OF LEGAL INTEREST intervention, unless a different period is
Interest must be of a direct and fixed by the court.
immediate character so that the intervenor
will either gain or lose by the direct legal M.4. REMEDIES OF THE PARTIES
operation of the judgment. The interest must (1) If intervention is denied
be actual and material, a concern which is (a) Aggrieved party may appeal
more than mere curiosity, or academic or (b) Mandamus will not lie except in case
sentimental desire; it must not be indirect of grave abuse of discretion
and contingent, indirect and remote, (2) If intervention is granted
conjectural, consequential or collateral. [Virra (a) A grant of a motion to intervene is
Mall Tenants v. Virra Mall, G.R. No. 182902 interlocutory
(2011)] (b) Hence, anyone who objects can file a
petition for certiorari for improper
Notwithstanding the presence of a legal granting of intervention
interest, permission to intervene is subject to
the sound discretion of the court, the exercise
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N. SUBPOENA N.1. SUBPOENA DUCES TECUM


A process directed to a person requiring him: A process directed to a person requiring him
(1) To attend and to testify at the hearing or to bring with him books, documents, or other
the trial of an action, or at any things under his control [Sec. 1, Rule 21]
investigation conducted by competent
authority, or for the taking of his The subpoena duces tecum is, in all respects,
deposition; or like the ordinary subpoena ad testificandum,
(2) To bring with him any books, documents, with the exception that it concludes with an
or other things under his control [Sec. 1, injunction that the witness shall bring with
Rule 21] him and produce at the examination the
books, documents, or things described in the
Subpoena Summons subpoena.
An order to appear
and testify or to An order to answer Before this subpoena may issue, the court
produce books and complaint must first be satisfied that the following tests
documents are met:
May be served to a Served on the (1) Test of relevancy the books,
non-party defendant documents, or other things requested
Needs tender of must appear prima facie relevant to the
Does not need issue subject of the controversy;
kilometrage,
tender of (2) Test of definiteness such books must
attendance fee and
kilometrage and be reasonably described by the parties to
reasonable cost of
other fees be readily identified
production fee

W ho may issue [Sec. 2, Rule 21] N.2. SUBPOENA AD TESTIFICANDUM


(1) Court before whom the witness is required A process directed to a person requiring him
to attend to attend and to testify at the hearing or the
(2) Court of the place where the deposition is trial of an action, or at any investigation
to be taken conducted by competent authority or for the
(3) Officer or body authorized by law to do so taking of his deposition [Sec. 1, Rule 21]
in connection with investigations
conducted by said officer or body; or N.3. SERVICE OF SUBPOENA
(4) Any justice of the SC or of the CA, in any Service of subpoena shall be made in the
case or investigation pending within the same manner as personal or substituted
Philippines service of summons. [Sec. 6, Rule 21]

All processes issued by the MTC and MCTC in Formalities


cases falling within their jurisdiction may be (1) The original is exhibited to the person
served anywhere in the Philippines without served;
the necessity of certification by the judge of (2) A copy is delivered to him; and
the RTC [Sec. 38(2), BP 129] (3) Tender is made to him of the following:
(a) Fees for one days attendance;
Form and contents [Sec. 3, Rule 21] (b) Kilometrage allowed by the Rules; and
(1) Shall state the name of the court and the (c) In the case of subpoena duces tecum,
title of the action or investigation the reasonable cost of producing the
(2) Shall be directed to the person whose books, documents and things
attendance is required demanded.
(3) For subpoena duces tecum, shall also
contain a reasonable description of the Note: Tender of these amounts need not be
books, or things demanded which must made if subpoena is issued by or on behalf of
appear to the court to be prima facie the Republic, or an officer or agency thereof
relevant

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W hen made: must be such as to allow the (b) That there was no tender of witness
witness reasonable time for preparation and fees and kilometrage.
travel to the place of attendance
O. MODES OF DISCOVERY
N.4. COMPELLING ATTENDANCE OF Discovery a device employed by a party to
WITNESS obtain information about relevant matters on
The court which issued the subpoena may, the case from the adverse party in the
upon proof of service and failure of witness to preparation for trial [Riano]
attend, issue a warrant for the arrest of the
witness and make him pay the cost of such Purpose: To permit mutual knowledge
warrant and seizure, if the court should before trial of all relevant facts gathered by
determine that his disobedience was willful both parties so that either party may compel
and without just cause [Sec. 8, Rule 21] the other to disgorge facts whatever he has in
his possession [Riano citing C.J.S.]
The refusal to obey a subpoena without
adequate cause shall be deemed contempt of Modes of Discovery
the court issuing it. [Sec. 9, Rule 21] (1) Depositions pending actions [Rule 23]
(2) Depositions before action or pending
EXCEPTION: appeal [Rule 24]
Provisions regarding the compelling of (3) Interrogatories to parties [Rule 25]
attendance [Sec. 8] and contempt [Sec. 9] do (4) Admission by adverse party [Rule 26]
not apply where: (5) Production or inspection of documents or
(1) Witness resides more than 100km from his thing [Rule 27]
residence to the place where he is to (6) Physical and mental examination of
testify by the ordinary course of travel persons [Rule 28]
[viatory right]; or
(2) Permission of the court in which the O.1 DEPOSITIONS
detention prisoners case is pending was [Rules 23-24]
not obtained Deposition taking of testimony out of
court of any person, whether party to the
Note: Viatory right applies only in civil action or not but at the instance of a party to
cases, not criminal cases. [Genorga v. Quitain, the action [Riano]
AM No. 981-CFI (1977)]
Kinds of Depositions
N.5. QUASHING OF SUBPOENA (1) Depositions pending action [Rule 23]
Quashing of subpoena is done by the court, called deposition de bene esse
upon motion promptly made at or before the (2) Depositions before action or pending
time specified in the subpoena. [Sec. 4, Rule appeal [Rule 24] called depositions in
21] perpetuam rei m em oriam

GROUNDS TAKING OF DEPOSITION


(1) For quashing subpoena duces tecum:
(a) That the subpoena is unreasonable and W hen Depositions Pending Action
oppressive; Taken [Sec. 1, Rule 23]
(b) That the articles sought do not appear (1) W ith leave of court
prima facie relevant to the issues; (a) After jurisdiction has been obtained
(c) That the applicant does not advance over any defendant or over the property
the cost for the production of the which is the subject of the action, but
articles desired; or (b) Before an answer has been served
(d) That there was no tender of witness (2) W ithout leave of court after answer
fees and kilometrage. has been served
(2) For quashing subpoena ad testificandum
(a) That the witness is not bound thereby, NOTE: The taking of deposition of a person
or confined in prison is always by leave of court,
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whether before or after service of the answer. and may be impeached like a court
[Sec. 1, Rule 23] witness. [Sec. 3]
(5) The officer before whom the deposition is
Before whom Depositions are taken being taken has no authority to rule
[Secs. 10-11, Rule 23] on objections interposed during the
(1) Within the Philippines: course of the deposition but any
(a) Judge objections shall be noted by him upon the
(b) Notary Public, or deposition. Any evidence that is objected
(c) Any person authorized to administer to shall be taken subject to the objection.
oaths, as stipulated by the parties in [Sec. 17]
writing
(2) Outside the Philippines Effect of Taking Depositions [Sec. 7,
(a) On notice before a secretary of Rule 23]
embassy or legation, consul general, A party shall not be deemed to make a
consul, vice-consul, or consular agent person his own witness for any purpose by
of the Philippines taking his deposition because depositions are
(b) Before such person or officer as may be taken for discovery and not for use as
appointed by commission or under evidence.
letter rogatory or
(c) Any person authorized to administer USES AND SCOPE OF DEPOSITION
oaths as stipulated by parties in writing
General Uses of Deposition:
Disqualification by interest [Sec. 13, (1) Intended as a means to compel disclosure
Rule 23] of facts resting in the knowledge of a party
No deposition shall be taken before the or other person, which are relevant in a
following: suit or proceeding
(1) A relative by affinity or consanguinity (2) Dual functions:
within the 6th degree of any party; (a) A method of discovery
(2) An employee or counsel of any of the (b) A method of presenting testimony in
parties lieu of oral open court testimony
(3) A relative within the same degree or
employee of such counsel; Scope of Exam ination [Sec. 2, Rule 23]
(4) Any person financially interested in the Deponent may be examined as to any matter:
action (1) Not privileged;
(2) Relevant to the subject of the pending
Taking Depositions upon Oral action; and
Examination (3) Under such limitations as the court may
(1) A party desiring to take the deposition order under Secs. 16 and 18.
shall give reasonable notice in
writing to every party stating the time These may relate to:
and place for taking the deposition and (1) Any claim or defense of any other party;
the name and address of each person to (2) The existence, description, nature, custody,
be examined. [Sec. 15] condition, and location of books,
(2) After notice is served, the court may make documents and other tangible things; or
any order for protection of the parties (3) The identity or location of persons having
and the deponent. [Sec. 16] knowledge of relevant facts.
(3) The attendance of the witnesses may be
compelled by the use of subpoena. [Sec. Specific Uses of Depositions [Sec. 4,
1] Rule 23]
(4) The deponent may be examined The use of depositions depends on whether
following the procedures for deponent is a party or not.
witnesses in a trial, and may be asked (1) For contradicting or impeaching the
questions on direct, cross, re-direct or re- testimony of the former deponent, now
cross. He has the same rights as a witness testifying as a witness

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Only used to contradict, not as proof of (2) The deposition is used to impeach or
specific facts contradict opponent.
Cannot be used for this person if
deponent does not testify OBJECTIONS TO ADMISSIBILITY
(2) For any purpose, if the deponent was an Objection may be made at the trial or hearing
adverse party to receiving in evidence any deposition or part
May be used as an admission thereof for any reason which would require
Cannot, however, be used in the trial of the exclusion of the evidence if the witness
a case against a defendant who was were then present and testifying. [Sec. 6,
not a party to the action when the Rule 23]
deposition was taken
(3) Deposition of a witness or party may be TERMINATION OF TAKING OF DEPOSITION
used for any purpose under the OR LIMITATION OF SCOPE
following circum stances:
(a) Witness-deponent is dead there must How done
be proof or presumption of death, and (1) A motion or petition for termination or
proof that the deposition was lawfully limit examination is filed by any party or
taken of the deponent
(b) Witness resides more than 100 km (2) Filed in the court where the action is
from the place of trial or hearing, or is pending OR the RTC of the place where
out of the country -- unless absence deposition is being taken
was procured by the proponent of the
deposition W hen done: At any time during the taking
(c) Disability of a witness due to age, of deposition
sickness, infirmity, or imprisonment
proven by certificate of attending Grounds:
physician That the examination is being conducted:
(d) Inability to procure attendance of (1) In bad faith, or
witness by subpoena (2) In such manner as unreasonably to annoy,
(e) Exceptional circumstances embarrass or oppress the deponent or
party
GENERAL RULE: A deposition is not a
substitute for the actual testimony in open Effect of Errors and Irregularities in
court of a party or witness. If the witness is Depositions [Sec. 29, Rule 23]
available to testify, he should be presented in Error and
Effect
court to testify. If available to testify, a Irregularities
partys or witness deposition is inadmissible Waived
As to notice for
in evidence for being hearsay. [Dasmarinas Unless written objection is
taking
Garments Inc. v. Reyes, G.R. No. 108229 promptly served upon
depositions
(1993)]. party giving notice
Waived
EXCEPTION: Depositions may be used as Objection to Unless made:
evidence under the circumstances in Sec. 4. taking (1) Before taking of
deposition deposition begins or
Effect of Using Deposition [Sec. 8, Rule because of (2) As soon thereafter as
23] disqualification disqualification
of officer becomes known or
GENERAL RULE: If a party offers the before whom it could be discovered
deposition in evidence, then he is deemed to is to be taken with reasonable
have made the deponent his witness. diligence
Objection to Not waived by failure to
EXCEPTIONS: the make them before or
(1) The deposition is that of an opposing party, competency of during the taking of
or a witness or deposition
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Error and (6) That after being sealed, the deposition


Effect
Irregularities shall be opened only by order of the court;
competency or Unless the ground of the (7) That secret processes, developments, or
relevancy or objection is one which research need not be disclosed;
materiality of might have been obviated (8) That the parties shall simultaneously file
testimony or removed if presented at specified documents or information
that time enclosed in sealed envelopes to be opened
In the manner of taking, in as directed by the court;
the form of questions or
answers, in the oath or DEPOSITIONS BEFORE ACTION OR
affirmation, or in conduct PENDING APPEAL [Rule 24]
Occurring at of parties and errors of Referred to as perpetuation of testimony
oral any kind which might be (depositions in perpetuam rei memoriam)
examination obviated or removed if because their objective is to perpetuate the
and other promptly prosecuted are testimony of a witness for future use, in the
particulars waived event of further proceedings in said court.
Unless reasonable
objection thereto is made W ho may avail:
at the time of taking the Any person:
deposition (1) Who wants to perpetuate his own
Waived testimony; or
Unless served in writing (2) Who wants to perpetuate the testimony of
Objections to upon the party another person
the form of propounding them within
written the time allowed for Procedure for Deposition before
interrogatories serving succeeding cross Action
under Sec. 25 or other interrogatories (1) File a verified petition in the court of the
and 26 and within 3 days after place of the residence of any expected
service of last adverse party, entitled in the name of the
interrogatories authorized petitioner and stating:
Waived (a) That the petitioner expects to be a
In the manner party to an action in a court of the
Unless motion to
in which Philippines but is unable to bring it
suppress depositions or
testimony is or cause it to be brought;
some part thereof is made
transcribed or (b) The subject matter of the expected
with reasonable
in the action and his interest therein;
promptness after such
preparation (c) The facts which he desires to
defect is ascertained, or
under Sec. 17, establish by the proposed testimony
with due diligence might
19, 20, and 26 and his reasons for desiring to
have been ascertained
perpetuate it;
Orders of the court regarding deposition (d) The names or a description of the
taking persons he expects will be adverse
(1) That the deposition shall not be taken; parties and their addresses so far
(2) That it may be taken at some designated as known; and
place other than that stated in the notice; (e) The nam es and addresses of the
(3) That it may be taken only on written persons to be examined and the
interrogatories; substance of the testimony which
(4) That certain matters shall not be inquired he expects to elicit, and
into (f) Asking for an order authorizing the
(5) That the scope of the examination shall be taking of the depositions of the persons
held with no one present except the sought to be examined named in the
parties to the action and their officers or petition for the purpose of
counsel; perpetuating their testimony.

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(2) Notice and service to each person testimony is proper to avoid a failure or
nam ed in the petition as an expected delay of justice, it may make an order
adverse party, together with a copy of the allowing the deposition to be taken.
petition, stating that the petitioner will
apply to the court, at a time and place O.2. WRITTEN INTERROGATORIES OF
named therein, for the order described in ADVERSE PARTIES [RULE 25]
the petition.
(a) At least 20 days before the date of the Purpose: This mode of discovery is availed of
hearing, the court shall cause notice by the party to the action for the purpose of
thereof to be served on the parties and eliciting material and relevant facts from
prospective deponents in the manner any of the adverse party. [Sec. 1, Rule 25]
provided for service of summons.
(3) Order and Examination: If the court is Scope and Use: Interrogatories have the
satisfied that the perpetuation of the may relate to the same matter as may be
testimony may prevent a failure or delay of inquired into under Depositions Pending
justice, it shall make an order designating Action and may also be used for the same
or describing the persons whose purposes provided. [Sec. 5, Rule 24]
deposition may be taken and specifying
the subject matter of the examination and W ritten Interrogatories v.
whether the depositions shall be taken Interrogatories to Parties
upon oral examination or written Written Interrogatories to
interrogatories. Interrogatories Parties
Taken before a
Use of Deposition No deposition officer.
deposition officer
If a deposition to perpetuate testimony is Questions are
taken under this Rule, or if, although not so prepared
taken, it would be admissible in evidence, it beforehand, and
may be used in any action involving the same The questioning is
submitted to the
subject matter subsequently brought in direct.
deposition officer
accordance with the provisions of sections 4 who will ask the
and 5 of Rule 23. [Sec. 6, Rule 24] deponent
The deposition of any
Procedure for Deposition Pending Interrogatories are
person may be taken,
Appeal: served on parties to
whether he is a party
(1) During the pendency of an appeal, the the action
or not.
court in which the judgment was rendered
may allow the taking of depositions of SERVICE OF INTERROGATORIES TO
witnesses to perpetuate their testimony in PARTIES
the event of further proceedings in the Any party desiring to elicit material and
said court. relevant facts from any adverse party shall
(2) The party who desires to perpetuate the file and serve upon the adverse party
testimony may make a motion in the said written interrogatories to be answered by the
court for leave to take the depositions, party served.
upon the same notice and service thereof
as if the action was pending therein. The Manner of Service
motion shall state: (1) Without leave of court After answer has
(a) The names and addresses of the been served; and for the first set of
persons to be examined and the interrogatories
substance of the testimony which he (2) With leave of court before the answer
expects to elicit from each, and has been served; and for subsequent sets
(b) The reason for perpetuating their of interrogatories
testimony.
(3) Order allowing the deposition: If the court NOTE: No party may, without leave of court,
finds that the perpetuation of the serve more than one set of interrogatories to
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be answered by the same party. [Sec. 4, Rule EFFECT OF FAILURE TO SERVE


25] A party not served with written
interrogatories may not be compelled by
ANSWERS adverse party to:
Written interrogatories and the answers (1) Give testimony in open court; or
thereto must both be filed and served. (2) Give deposition pending appeal [Sec. 6,
[Sec. 2, Rule 25] Hence, the answers may Rule 25]
constitute as judicial admissions [Sec. 4, Rule
129] Exception: Allowed by the court for good
cause shown and to prevent a failure of
Form: The answer must be fully in writing, justice
signed and sworn to by the person making
them. O.3. REQUEST FOR ADMISSION [RULE 26]
Rule 26, as a mode of discovery,
Service and Filing contemplates interrogatories seeking
Shall be filed and served on the party clarification in order to determine the truth of
submitting interrogatories within 15 days the allegation in a pleading.
after service of interrogatories, unless the
court extends or shortens period on motion Purposes:
and for good cause. (1) To allow one party to request the adverse
in writing to admit certain material and
OBJECTIONS TO INTERROGATORIES relevant matters which most likely will not
Objections may be presented to the court be disputed during the trial.
within 10 days after service of the (2) To avoid unnecessary inconvenience to the
interrogatories, with notice as in case of a parties in going through the rigors of proof,
motion. [Sec. 3, Rule 25] before the trial, a party may request the
other to:
Effect: Answers shall be deferred until (a) Admit the genuineness of any material
objections are resolved and relevant document described in
and exhibited with the request; or
Grounds (b) Admit the truth of any material and
(1) The interrogatories require: relevant matter of fact set forth in the
(a) Statements of conclusions of law; request [Sec. 1, Rule 26]
(b) Answers to hypothetical questions or
opinion; How m ade:
(c) Mere hearsay; or (1) A party files and serves upon any other
(d) Matters not within the personal party a written request
knowledge of the interrogated party (2) Copies of the documents shall be served
(2) Frivolous interrogatories need not be with the request unless already furnished
answered. [Herrera]
The request for admission must be served
CONSEQUENCES OF FAILURE TO ANSWER on the party, not the counsel. This is an
On failure to answer of a party served with exception to the general rule that notices
interrogatories, the court, on motion and shall be served upon counsel and not upon
notice, may: the party. [Duque v. CA, G.R. 125383 (2002)]
(1) Strike out all or any part of any pleading of
that party; W hen made: At any time after issues have
(2) Dismiss the action; been joined, which is to say,
(3) Render judgment by default against the
party; and IMPLIED ADMISSION BY ADVERSE PARTY
(4) Order payment by such party of Each of the matters which an admission is
reasonable expenses including attorneys requested shall be deemed admitted unless
fees. [Sec. 5, Rule 29] the party to whom request is directed files
and serves upon the party requesting

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admission a sworn statement [Sec. 2, Rule in accordance with the claim of the party
26] obtaining the order;
(2) That the disobedient party be disallowed
Contents from supporting or opposing designated
(1) Denying specifically the matters of which claims or defenses;
an admission is requested, or (3) That pleadings or parts thereof be stricken
(2) Setting forth in detail the reasons why he out; or
cannot truthfully either admit or deny (4) That further proceedings be stayed until
those matters compliance; or that actions or any parts
thereof be dismissed or that judgment be
Period: Such party must file and serve such rendered by default against the
statement: disobedient party; or
(1) Within a period not less than 15 days (5) That the disobedient party be arrested.
designated in the request; or [Sec. 3, Rule 29]
(2) Within such further time as the court may
allow on motion EFFECT OF ADMISSION
Any admission made by a party pursuant to
Objections shall be submitted to the court by such request is for the purpose of the pending
the party requested within the period for and action only [Sec. 3, Rule 26]
prior to filing of his sworn statement.
Compliance with the sworn statement shall It shall not:
be deferred until objections are resolved. [Sec. (1) Constitute an admission by him for any
2, Rule 26] other purpose; nor
(2) Be used against him in any other
CONSEQUENCES FOR FAILURE TO proceeding
ANSWER REQUEST
The proponent may apply to the proper court EFFECT OF FAILURE TO FILE AND SERVE
for an order to compel an answer. [Sec. 1, REQUEST FOR ADMISSION
Rule 29] Applicability: The party fails to file and
serve a request for admission on the adverse
If application is granted, the court: party for facts at issue, which are:
(1) Shall require the refusing party to answer; (1) Material and relevant fact at issue, and
and (2) Are, or ought to be, within the personal
(2) May require the refusing party or counsel knowledge of the adverse party
to pay reasonable expenses for obtaining
the order, the refusal to answer was Effect: The party shall not be permitted to
without substantial justification. present evidence on such facts, unless
allowed by the court for good cause and to
If application is denied and it was filed prevent a failure of justice [Sec. 5, Rule 29]
without substantial justification, the court
may require the refusing party or counsel to O.4. PRODUCTION OR INSPECTION OF
pay reasonable expenses for opposing the DOCUMENTS OR THINGS [RULE 27]
application. Applicable only to a pending action and the
things subject of the motion must be within
Refusal to answer after being directed by the the possession, control, or custody of a party.
court would constitute contem pt of court.
PROCEDURE [Sec. 1, Rule 27]
Refusal to obey would also allow the court to A motion is filed by the party seeking
make such orders regarding the refusal as are production or inspection, showing good
just, such as: cause therefor.
(1) That the matters regarding which
questions were asked be taken as The court may issue an order:
established for the purposes of the action (1) for the party to produce and permit
inspection, copying or photographing, by
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or on behalf of the moving party, of any O.5. PHYSICAL OR MENTAL EXAMINATION


designated documents or tangible things, OF PERSONS [RULE 28]
(a) not privileged, Applicable in an action in which the mental or
(b) constituting or containing material physical condition of a party is in controversy.
evidence, and [Sec. 1, Rule 28]
(c) in the partys in his possession, custody
or control PROCEDURE [Sec. 2, Rule 28]
(2) for the party to permit entry upon A motion for the examination is filed in the
designated land or other property, in his court where the action is pending:
possession or control, for inspection, (1) showing good cause for the examination;
measuring, surveying, or photographing (2) with notice to the party to be examined,
property or any designated relevant and all other parties; and
object or operation. (3) specifying the time, place, manner,
conditions, scope, and person conducting
The order shall state: the examination.
(1) The time, place, and manner of making
the inspection and taking copies and Since the results of the examination are
photographs, and intended to be made public, the same are not
(2) Such terms and conditions as are just covered by physician-patient privilege [Sec.
24(b), Rule 130]
PRODUCTION OF DOCUMENTS VS
SUBPOENA DUCES TECUM REPORT OF FINDINGS [Sec. 3, Rule 28]
Production or The party examined may request delivery of a
Subpoena Duces
Inspection of copy of the detailed written report, with the
Tecum
Documents findings of the examining physician. Upon
A means of such request and delivery, the party causing
compelling the examination is entitled upon request to
A mode of discovery
production of receive a like report of any examination,
evidence previously or thereafter made, of the same
Limited to the parties May be directed to mental or physical condition.
of the action non-party
Issued upon motion If such report is not delivered:
May be issued upon (a) Due to refusal of the party examined,
with notice to the
ex parte application the court may make an order requiring
adverse party
May be asked before May be asked only delivery on such terms as are just;
and/or during trial during trial (b) Due to failure or refusal of the
Must show good Need not show good physician, the court may exclude his
cause cause testimony when offered at trial.
Grounds for quashal:
(1) Unreasonable, WAIVER OF PRIVILEGE [Sec. 4, Rule 28]
oppressive, Where the party examined requests and
May be quashed for obtains a report on the results of the
irrelevant
lack of good cause examination, the consequences are:
(2) Failure to
shown (1) He has to furnish the other party a copy of
advance
reasonable costs the report of any previous or subsequent
of production examination of the same physical and
Disobedience would mental condition; and
allow court to issue Disobedience (2) He waives any privilege he may have in
orders as in the case constitutes contempt that action or any other involving the same
of refusal to answer of court controversy regarding the testimony of any
request for admission other person who has so examined him or
may thereafter examine him

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O.6. CONSEQUENCES OF REFUSAL TO COMPLY [RULE 29]


Form of Refusal Sanctions
The court may, upon proper application, compel a refusing deponent to
answer [Sec. 1]
(1) If granted, and refusal to answer is without substantial justification,
court may require the refusing party to pay proponent the
Refusal to answer any reasonable expenses incurred in obtaining the order
question (2) If denied, and filed without substantial justification, court may
[Sec. 1 and 2] require proponent to pay refusing party the reasonable expenses
incurred in obtaining the order

A refusal to answer after being directed by court to do so may be


constituted as contempt of court
Refusal to be Sworn [Sec. 2] Cite the disobedient deponent in contempt of court
The court may make the following orders:
(1) Prohibit the disobedient party to introduce evidence of physical or
mental condition
Refusal to answer designated (2) Refuse to allow the disobedient party to support or oppose claims or
questions or refusal to defenses
produce documents or to (3) Strike out pleadings or parts thereof
submit to physical or mental (4) Stay further proceedings
examination (5) Dismiss the action or proceeding or any part thereof
[Sec. 3] (6) Render a judgment by default against disobedient party
(7) Direct the arrest of any party disobeying any of such orders except
an order to submit to a physical or mental examination
(8) Other orders as may be just
The court, upon proper application, issue an order requiring the other
party to pay him reasonable expenses incurred, including attorneys fees
Refusal to admit under Rule PROVIDED that party requesting proves genuineness of such document
26 or truth
[Sec. 4] UNLESS court finds:
(1) There were good reasons for denial
(2) Admissions sought were of no importance
The court on motion and notice may:
Failure of party to attend or (1) Strike out all or any part of any pleading of disobedient party
serve answers to written (2) Dismiss the action or proceeding or any part thereof
interrogatories (3) Enter a judgment by default against disobedient party
[Sec. 5] (4) Order payment of reasonable expenses incurred by the other
including attorneys fees

Note: Expenses and attorneys fees are not to be imposed upon the Republic of the Philippines. [Sec. 6,
Rule 29]

P. TRIAL pre-trial and the determination of granting or


Trial is the judicial process of investigating denying a motion. [Trocio v. Labayo [1973]]
and determining the legal controversies,
starting with the production of evidence by GENERAL RULE: When an issue exists,
the plaintiff and ending with his closing trial is necessary. Decision should not be
arguments [Acosta v. People [1962]]. made without trial.

A hearing is a broader term. It is not EXCEPTIONS:


confined to the trial and presentation of the A civil case may be adjudicated upon without
evidence because it actually embraces the need for trial in any of the following
several stages in the litigation. It includes the cases:
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(1) Where the pleadings tender no issue at all, postponement has no absolute right to
judgm ent on the pleadings may be expect that his motion would be granted.
directed by the court [Rule 34] [Republic v. Sandiganbayan, G.R. No. 123997
(2) Where from the pleadings, affidavits, (1999)]
depositions and other papers, there is
actually no genuine issue, the court may Requisites of Motion to Postpone Trial
render a summary judgment [Rule 35] (1) For absence of evidence [Sec. 3, Rule 30]
(3) Where the parties have entered into a Motion accompanied by affidavit showing:
com prom ise or an amicable settlement (a) That the materiality or relevancy of the
either during the pre-trial or while the trial evidence; and
is in progress [Rule 18; Art. 2028, Civil (b) That diligent efforts had been exerted
Code] to procure the evidence
(4) Where the complaint has been (2) For illness of party or counsel [Sec. 4, Rule
dismissed with prejudice, or when the 30] Motion accompanied by affidavit or
dismissal has the effect of an adjudication sworn certification showing:
on the merits [Sec. 5, Rule 16; Sec. 3, Rule (a) The presence of such party or counsel
17; Sec. 5, Rule 7] at the trial is indispensable; and
(5) Where the case falls under the Rules on (b) That the character of his illness is such
Sum m ary Procedure, and as to render his non-attendance
(6) Where the parties agree, in writing, excusable
upon the facts involved in the litigation
and submit the case for judgment on the P.2. AGREED STATEMENT OF FACTS
facts agreed upon, without the The parties may agree, in writing, upon the
introduction of evidence. [Sec. 6, Rule 30] facts involved in the litigation and submit the
[Riano] case for judgment in the facts agreed upon,
without the introduction of evidence
Notice of Trial
Upon entry of a case in the trial calendar, the If the parties agree only on some of the facts
clerk shall notify parties the date of its trial, in issue, trial shall be held as to the disputed
ensuring receipt of the notice at least 5 days facts in such order as the court shall prescribe.
before the trial date. [Sec. 1, Rule 30] [Sec. 6, Rule 30]

P.1. ADJOURNAMENTS AND Stipulation in Civil Stipulation in


POSTPONEMENTS Cases Criminal Cases
A court may adjourn a trial from day to day, May be signed alone Must be signed by
and to any stated time, as the expeditious by the counsel, who both counsel and
and convenient transaction of business may has an SPA accused
require May be made Strict; it must always
verbally or in writing be in writing
Lim itations
The court has no power to adjourn a trial for: An agreed statement of facts is conclusive on
(1) A period longer than one month for each the parties, as well as on the court. Neither of
adjournment; or the parties may withdraw from the
(2) More than 3 months in all agreement, nor may the court ignore the
same. [McGuire v. Manufactures Life, G.R. L-
EXCEPTION: The court may go beyond 3581 (1950)]
these limitations, if authorized in writing by
the Court Administrator. P.3. ORDER OF TRIAL
Trial shall be limited to the issues stated in
Postponement the pre-trial order, except in the following
A motion for postponement should not be cases:
filed on the last hour especially when there is (1) The court orders separate trial under Sec.
no reason why it could not have been 2, Rule 31 in the furtherance of
presented earlier. A party asking for convenience or to avoid prejudice; or

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(2) When for special reasons the court directs parties. [Republic v. Heirs of Oribello, G.R. No.
otherwise 199501 (2013)]

General Order of Trial W hen proper: When actions involving a


(1) Plaintiffs evidence in chief common question of fact or law are pending
(2) Defendants evidence in chief and before the court [Sec. 1, Rule 31]
evidence in support of his counterclaim,
cross-claim and 3rd-party complaint Court action:
rd
(3) 3 -party defendant shall adduce evidence The court may:
of his defense, counterclaim, cross-claim, (1) Order a joint hearing or trial of any or all
and 4th party complaint matters in issue in the actions
th
(4) 4 -party defendant shall adduce evidence, (2) Order all actions consolidated; or
and so forth (3) Make such orders concerning proceedings
(5) Parties against whom any counterclaim or therein as may tend to avoid unnecessary
cross-claim has been pleaded shall costs or delay
adduce evidence in support of their
defense, in the order to be prescribed by Purpose: To avoid multiplicity of suits,
court guard against oppression or abuse, prevent
(6) Parties may then respectively adduce delay, clear congested dockets, simplify the
rebutting evidence only, unless the court work of the trial court and save unnecessary
permits them to adduce evidence upon costs and expenses
original case
(7) Upon admission of evidence, case Where a case has been partially tried before
submitted for decision, unless court one judge, the consolidation of the same with
directs parties to argue or to submit another related case pending before another
respective memoranda or any further judge who had no opportunity to observe the
pleading [Sec. 5, Rule 30] demeanor of the witness during trial makes
the consolidation not mandatory. [PCGG v.
Reverse Order Sandiganbayan, G.R. No. 102370-71 (1992)]
The defendant presents evidence ahead of
the plaintiff, when the defendant relies in his The rules do not distinguish between cases
Answer only upon an affirmative defense. filed before the same branch or judge and
those that are pending in different branches
Where the answer of the defendant admitted or before different judges of the same court,
the obligation stated in the complaint, in order that consolidation may be proper, as
although special defenses were pleaded, the long as the cases involve the resolution of
plaintiff has every right to insist that it was for questions of law or facts in common with
the defendant to come forward with evidence each other [Active Woods Products Co. Inc. v.
to support his special defenses. [Yu v. Mapayo, CA, G.R. No. 86602 (1990)]
G.R. No. L-29742 (1972)]
Kinds of Consolidation [Republic v. Heirs
The reasoning behind this is that the plaintiff of Oribello, G.R. No. 199501 (2013)]
need not present evidence since judicial (1) Quasi-consolidation where all,
admissions do not require proof [Sec. 2, Rule except one, of several actions are stayed
129] until one is tried, in which case, the
judgment in the one trial is conclusive as
P.4. CONSOLIDATION OR SEVERANCE OF to others; not actually consolidation but
HEARING OR TRIAL referred to as such
Consolidation a procedural device, (2) Actual consolidation where several
granted to the court as an aid in deciding how actions are combined into one, lose their
case in its docket are to be tried, so that the separate identity, and become one single
business of the court may be dispatched action in which judgment is rendered
expeditiously while providing justice to the (3) Consolidation for Trial where
several actions are ordered to be tried

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together, but each retains its separate P.6. TRIAL BY COMMISSIONERS


character, and requires the entry of Commissioner - A person to whom a case
separate judgment pending in court is referred, for him to take
testimony, hear the parties and report
When proper: A single action has a number thereon to the court, and upon whose report,
of claims, counterclaims, cross-claims, third- if confirmed, judgment is rendered
party complaints or issues which may be
separately tried for convenience, or to avoid GENERAL RULE: Trial by commissioner
prejudice. depends largely upon the discretion of the
court
When separate trial of claims is conducted by
the court under this section, it may render EXCEPTIONS: In the following instances,
separate judgments on each claim [see Sec. 5, appointment of a commissioner is necessary:
Rule 36] (1) Expropriation [Rule 67]
(2) Partition [Rule 69]
This provision permitting separate trials (3) Settlement of Estate of a Deceased Person
presupposes that the claims involved are in case of contested claims; and
within the jurisdiction of the court (4) Submission of Accounting by executors or
When one of the claims is not within its administrators
jurisdiction, the same should be dismissed,
so that it may be filed in the proper court Kinds of Trial by Commissioners
(1) Reference by consent of both parties.
P.5. DELEGATION OF RECEPTION OF (2) Reference ordered on motion.
EVIDENCE
Reference by Consent
GENERAL RULE: The judge of the court The court may order any or all of the issues in
where the case is pending shall personally a case to be referred to a commissioner by
receive the evidence to be adduced by the written consent of both parties. [Sec. 1, Rule
parties. [Sec. 9, Rule 30] 32]

EXCEPTION: The court may delegate the Commissioners are to be:


reception of evidence to its clerk of court who (1) Agreed upon by the parties; or
is a member of the bar in: (2) Appointed by the court
(1) Default hearings;
(2) Ex parte hearings; Reference Ordered on M otion
(3) Cases where parties agree in writing. The court may direct reference to a
commissioner, upon application of a party or
The clerk of court has no power to rule on upon its own motion, in the ff. cases:
objections to any question or the admission of (1) When trial of an issue of fact requires
exhibits. Objections shall be resolved by the examination of long account;
court upon submission of the clerks report (2) When taking of an account is necessary;
and TSN within 10 days from termination of (3) When question of fact, other than upon
the hearing. pleadings, arises upon motion or
otherwise, in any stage, or for carrying a
The rule requires that, where the reception of judgment into effect [Sec. 2, Rule 32]
evidence is delegated to the clerk of court, he
must also be a member of the bar. Neither Order of Reference: [Sec. 3, Rule 32]
agreement by parties nor their acquiescence When a reference is made, the clerk shall
can justify its violation. [Umali-Paco v. Quilala, furnish the commissioner with a copy of the
AM RTJ-02-1699 (2003)] order of reference, which may contain the
following:
(1) Specifications or limitations of the powers
of the commissioner;

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(2) A direction to report only upon particular (3) He shall attach all exhibits, affidavits,
issues, to do or perform particular acts, or depositions, papers, and transcripts, if any,
to receive and report evidence only of testimonial evidence presented before
(3) The date for beginning and closing the him
hearings, and that for the filing of his
report Notice and Hearing on the Report
[Secs. 10-11, Rule 32]
Powers of Commissioner Upon filing of the report of the commissioner:
(1) Exercise power to regulate the proceeding (1) Parties shall be notified by the clerk
before him (2) Parties shall be allowed 10 days within
(2) Do all acts and take all measures which to object to the findings of the
necessary or proper for the efficient report
performance of his duties
(3) Issue subpoena and subpoenas duces NOTE: Objections based upon grounds
tecum which were available to the parties during the
(4) Swear witnesses proceedings before the commissioner shall
(5) Rule upon the admissibility of evidence, not be considered by the court, unless
unless otherwise provided in the order of they were made before the
reference com m issioner

NOTE: Refusal of a witness to obey such Upon expiration of the 10-day period to file
subpoena or to give evidence before him is objections, the report shall be set for hearing.
deemed contempt of the court which After such hearing, the court shall issue an
appointed the commissioner. [Sec. 7, Rule 32] order:
(1) Adopting, modifying, or rejecting the
Proceedings before the Commissioner report, in whole or in part
[Sec. 5, Rule 32] (2) Recommitting it with instructions; or
(1) Upon receipt of the order of reference, the (3) Requiring the parties to present further
commissioner shall set a time and place evidence before the commissioner or the
for the first meeting of parties or their court
counsel
(2) Notices shall be sent to parties or counsel Q. DEMURRER TO EVIDENCE
(3) Hearing is to be held within 10 days after
date of order of reference A species of motion to dismiss that may be
(4) If a party fails to appear, the commissioner
invoked based on insufficiency of evidence [i.e.
may: [Sec. 6] upon the facts and the law the plaintiff has
(a) Proceed ex parte; or
shown no right to relief]. [Sec. 1, Rule 33]
(b) Adjourn the proceedings to a future
date giving notice to the absent party It is invoked after the plaintiff has presented
or his counsel all the evidence available to him

Report of the Comm issioner [Sec. 9, Judgment on Demurrer to Evidence


Rule 32] judgment rendered by the court dismissing a
The report is filed with the court upon case upon motion of defendant, made after
completion of the trial, hearing or proceeding plaintiff has rested his case, on the ground
before the commissioner. that upon the facts presented and the law on
the matter, plaintiff has not shown any right
Contents: to relief.
(1) Report in writing upon the matters
submitted to him by the order of reference
(2) When his powers are not specified or
limited, he shall set forth his findings of
fact and conclusions of law

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Dem urrer of Evidence v. Motion to Q.3. WAIVER OF RIGHT TO PRESENT


Dism iss EVIDENCE
Demurrer to Evidence Motion to Dismiss If the order granting the demurrer is reversed
Presented after the Presented before on appeal, the defendant loses his right to
plaintiff has rested filing of a responsive present evidence. [Sec. 1, Rule 33; Republic v.
his case pleading Tuvera, G.R. No. 148246 (2007)]
Based on the Based on those
insufficiency of grounds enumerated Q.4. DEMURRER IN CIVIL AND CRIMINAL
evidence in Rule 16 CASES
If denied, the Civil Cases Criminal Cases
If denied, the Court may motu
defendant may file Defendant files a
defendant may proprio dismiss the
his responsive demurrer.
present his evidence action for
pleading
If granted, the insufficiency of
Court cannot motu
If granted, the complaint is prosecutions
propio dismiss the
complaint is dismissed; plaintiff evidence, after it has
case for insufficiency
dismissed; plaintiffs may appeal or re-file, rested its case. [Sec.
of plaintiffs evidence
remedy is to appeal depending on the 23, Rule 119]
ground for dismissal. May be filed with or
Defendant need not
without leave of
ask for leave of court
Q.1. EFFECT OF DENIAL court.
If the demurrer is denied, the defendant shall If court denies the
have the right to present his evidence. demurrer
(1) filed with leave,
If court denies the
The court should not proceed to grant the accused may
demurrer, defendant
relief demanded by the plaintiff but should present evidence.
will present his
set the date for reception of the defendants (2) filed without
evidence
evidence. [Northwest Airlines v. CA, G.R. No. leave, accused
120334 (1998)] can no longer
present evidence.
An order denying the demurrer is If prosecutions
If plaintiffs evidence
interlocutory, and not subject to appeal. It evidence insufficient,
insufficient, court will
can be subject to a petition for certiorari, in court will grant
grant demurrer by
case of grave abuse of discretion or demurrer by
dismissing the
oppressive exercise of judicial authority. rendering judgment
complaint
[Katigbak v. Sandiganbayan, G.R. No. 140183 of acquittal.
(2003)] The judgment of
Judgment of
dismissal is
acquittal is not
Q.2. EFFECT OF GRANT appealable; If
appealable;
If the demurrer is granted, the case shall be reversed, court will
Double jeopardy sets
dismissed. decide based on
in.
plaintiffs evidence.
As a final order, the remedy of the plaintiff is
to appeal. If the appeal is granted, the
defendant-movant loses the right to present
evidence.

The appellate court should not remand the


case for further proceedings but should
render judgment on the basis of the evidence
submitted by the plaintiff. [Consolidated Bank
and Trust Corp. v. Del Monte Motor Works, Inc.,
G.R. No. 143338 (2005)]

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IV. Judgments and holder may confess judgment as the


makers attorney-in-fact.
Final Orders This is considered void in our
jurisdiction for denying a party his right
to a day in court [PNB vs. Manila Oil
A. JUDGMENTS IN GENERAL (1992)]
The final ruling by a court of competent (b) Judgment by confession relicta
jurisdiction regarding the rights and verification after pleading and
obligations of the parties, or other matters before trial, the defendant:
submitted to it in an action or proceeding (i) confessed the plaintiffs cause of
[Macahilig v. Heirs of Magalit (2000)] action; and
(ii) withdrew his plea or other
A.1. REQUISITES OF A VALID JUDGMENT allegations, whereupon
[Riano] judgment was entered against
(1) Court or tribunal must be clothed with him without proceeding to trial.
authority to hear and determine the (3) Judgment upon the merits one
matter before it. [Acosta v. COMELEC rendered after consideration of the
(1998)] evidence submitted by the parties during
(2) Court must have jurisdiction over the the trial of the case.
parties and the subject matter. A judgment is on the merits when it
(3) Parties must have been given an amounts to a legal declaration of the
opportunity to adduce evidence in their respective rights and duties of the parties,
behalf. [Acosta v. COMELEC (1998)] based upon the disclosed facts.
(4) Evidence must have been considered by (4) Clarificatory Judgment one
the tribunal in deciding the case. [Acosta v. rendered to clarify an ambiguous
COMELEC (1998)] judgment or one difficult to comply with.
(5) Judgment must be in writing, personally (5) Judgment Nunc Pro Tunc literally,
and directly prepared by the judge. now for then. It is a judgment intended
[Corpus v. Sandiganbayan (2004)] to enter into the record the acts which had
(6) Judgment must state clearly the facts and already been done, but which do not
the law upon which the decision is based, appear in the records. [Lichauco v. Tan
signed by the judge and filed with the Pho (1923)]
clerk of court. [Sec. 1, Rule 36; Sec. 14, Art. It can only be issued when the thing
VIII, 1987 Constitution] ordered has previously been made, but by
inadvertence has not been entered.
A.2. KINDS OF JUDGMENT [Briones-Vasquez vs. CA (2005)]
(1) Judgment by Com prom ise one (6) Judgment sin perjuicio refers to a
conferred on the basis of a compromise judgment with a dispositive portion only. It
agreement entered into between the is not allowed and cannot have any effect.
parties. It is immediately executory in the (7) Conditional Judgm ent one whose
absence of a motion to set aside on the effectivity depends upon the occurrence or
ground of fraud, accident, mistake, or non-occurrence of an event; generally void
excusable negligence, as it constitutes a because of the absence of a disposition
waiver of the right to appeal. [Cu-Unjieng v. Mabalacat Sugar Co. (1940)]
(2) Judgment by Confession one (8) Several Judgm ent one rendered by a
rendered by the court when a party court against one or more defendants and
expressly agrees to the other partys claim not against all of them, leaving the action
or acknowledges the validity of the claim to proceed against the others. [Sec. 4,
against him. Rule 36]
(a) Judgm ent by cognovit actionem Proper when the liability of each party is
one rendered upon confession made clearly separate and distinct from his co-
pursuant to a clause in a promissory parties such that:
note or contract that upon default, the

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(a) the claims against each of them could (4) Signed by the judge
have been the subject of separate suits, (5) Filed with the clerk of court.
and
(b) the judgment for or against one of B.2. PARTS OF A JUDGMENT [Riano, Herrera]
them will not necessarily affect the (1) Opinion of the Court
other. Also called the body, or the ratio
Where a common cause of action exists, a decidendi
several judgment is not proper. Contains the findings of facts and
(9) Separate Judgm ent one rendered conclusions of law
disposing of a claim among several others (2) Disposition of the case
presented in a case, after a determination Also called the dispositive portion, or
of the issues material to a particular claim the fallo
and all counterclaims arising out of the Part of the judgment that is subject to
transaction or occurrence that is the execution, as constituting the
subject matter of said claim. [Sec. 5, Rule judgment of the court
36] It is the dispositive part of the judgment
Proper when more than one claim for that actually settles and declares the
relief is presented in an action for the rights and obligations of the parties,
determination as to the issues material to finally, definitively, and authoritatively
the claim has been made. [Light Rail Transit Authority v. CA (2004)]
(10) Memorandum Decision a (3) Signature of the judge
decision of the appellate court which
adopts the findings and conclusions of the B.3. DISTINCTION BETWEEN JUDGMENT
trial court. AND OPINION OF THE COURT
(11) Declaratory Judgm ent one The judgment or fallo must be distinguished
rendered in a special civil action for from the Opinion.
declaratory relief.
(12) Foreign Judgment. The Opinion is the informal expression of the
views of the court and cannot prevail against
A.3. JUDGMENT WITHOUT TRIAL its final order or decision. While the two may
Trial is not necessary in the following be combined in one instrument, the opinion
instances: forms no part of the judgment. So there is a
(1) Judgment on the Pleadings [Rule 34] distinction between the findings and
(2) Summary Judgment [Rule 35] conclusions of a court and its judgment.
(3) Upon compromise or amicable settlement,
either during pre-trial or during trial [Rule While they may constitute its decision and
18; Art. 2028, Civil Code] amount to a rendition of a judgment they are
(4) Dismissal with prejudice [Sec. 5, Rule 16; not the judgment itself. They amount to
Sec. 3, Rule 17; Sec. 5, last par., Rule 7] nothing more than an order for judgment,
(5) Under the Rules on Summary Procedure which, of course, must be distinguished from
(6) Agreed statement of facts [Sec. 6, Rule the judgment. [Freeman on Judgments, Vol. I,
30] 5th Edition, page 6, quoted in Casilan v.
Salcedo (1969)]
Note: Also enumerated in Part III.P.
(Trial) B.4. CONFLICT BETWEEN DISPOSITION
AND OPINION OF THE COURT
B. CONTENTS OF A JUDGMENT
GENERAL RULE: Where there is a conflict
B.1. FORM OF JUDGMENT [Sec. 1, Rule 36] between the fallo and the body of the decision,
(1) In writing the fallo controls.
(2) Personally and directly prepared by the
judge Basis: The fallo is the final order. The
(3) Stating clearly & distinctly the facts and opinion in the body is merely a statement
the law on which it is based
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ordering nothing [Poland Industrial Limited v. (2) Annulment of marriage; and


National Development Company (2005)] (3) Legal Separation
(4) Unliquidated damages; claims for such
EXCEPTION: This rule applies only when damages must be alleged and proved
the dispositive part is definite, clear, and (5) Admission refers only to allegations of fact
unequivocal [Union Bank v. Pacific Equipment and not conclusions of law
Corporation (2008)] (6) Insufficiency of facts; proper remedy is
amendment
Where the inevitable conclusion from the
body of the decision is that there was a NOTE: The concept will not apply when no
mistake in the dispositive portion, the body of answer is filed. It will come into operation
the decision will prevail. [Rosales v. CA, G.R. when an answer is served and filed but the
No. 137566 (2001)] same fails to tender an issue, or admits the
material allegations of the adverse partys
NOTE: see again sin perjuicio judgments pleading. [Riano]

C. JUDGMENT ON THE PLEADINGS When no answer is filed, the remedy is to


move that the defendant be declared in
Judgment on the Pleadings is a judgment default. [Sec. 3, Rule 9]
rendered by the court if the answer fails to
tender an issue, or otherwise admits the
D. SUMMARY JUDGMENTS
material allegations of the adverse partys
pleading. It is rendered without a trial, or A judgment which the court may render
even without a pre-trial before trial, but after both parties have
pleaded, upon application by one party
A motion for a Judgment on the Pleadings, supported by affidavits, depositions, or other
where the answer admits the material documents, with notice upon the adverse
averments of the complaint, is one that may party who may file an opposition supported
be considered ex parte because upon the also by such documents, should the court
particular facts thus presented and laid down find, after summarily hearing both parties
before the court, the plaintiff is entitled to a with their respective proofs, that there
judgment [Dino v. Valencia, G.R. No. L-43886 exists no genuine issue between them.
(1989)] [Herrera]

A Judgment on the Pleadings cannot be The trial court cannot motu propio decide
rendered by the court motu propio. It can only that summary judgment on an action is in
be done where there is a prior motion to that order. The defending party or claimant, as the
effect by the appropriate party. [Sec. 1, Rule case may be, must invoke the rule by filing a
34; Riano; but see Luzon Development Bank v. motion. The adverse party must then be
Conquilla, G.R. No. 163338 (2005)] notified of the motion and furnished with
supporting documents before hearing is
GROUNDS FOR JUDGMENT ON THE conducted. [Pineda v. Heirs of Eliseo Guevara,
PLEADINGS [Sec. 1, Rule 34] G.R. No. 143188 (2007)]
(1) The answer fails to tender an issue
because of: Proper when it appears to the court that:
(a) General denial of the material (1) There exists no genuine issue as to any
allegations of the complaint; material fact, except as to the amount of
(b) Insufficient denial of the material damages; and
allegations of the complaint; or (2) The party presenting the motion must be
(2) The answer otherwise admits material entitled to judgment as a matter of law
allegations of the adverse partys pleading
Genuine Issue - an issue of fact which calls
Judgment on the Pleadings is not proper in for the presentation of evidence as
the ff. cases: distinguished from a sham, fictitious,
(1) Declaration of Nullity of Marriage contrived, or false claim. [Philippine Bank of
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Communications v. Go, G.R. No. 175514 summary judgment. Trial should deal only
(2011)] with the facts not yet specified or established.

Test: Whether or not the pleadings, Duty of the Court [Sec. 4, Rule 35]
affidavits and exhibits in support of the (1) Ascertain which material facts exist
motion are sufficient to overcome the without substantial controversy, and
opposing papers and to justify the finding which are actually and in good faith
that, as a matter of law, that there is no controverted, by:
defense to the action, or the claim is clearly (a) Examining the pleadings and evidence
meritorious. [Estrada v. Consolacion, G.R. No. before it; and
L-40948 (1976)] (b) Interrogating counsel
(2) Make an order, which:
W hen Filed (a) Specifies the facts without substantial
(1) If sought by the claimant only after the controversy and deemed established,
answer is served; [Sec. 1, Rule 35] including extent of damages
(2) If sought by the defendant at any time (b) Directs further proceedings as are just
[Sec. 2, Rule 35] (3) Conduct trial on the controverted facts

NOTE: Filing of a motion for summary Effect: A partial summary judgment is not a
judgment does not interrupt the running of final judgment, but merely a pre-trial
the period for filing an answer. Hence, the adjudication that said issues in the case shall
movant must also file a Motion for Extension be deemed established for the trial of the
of Time to File Answer. case. [Guevarra v. CA, G.R. No. L-49017
(1983)]
Procedure [Sec. 3, Rule 35]
(1) Movant files a motion for summary D.2 AFFIDAVITS AND ATTACHMENTS
judgment with supporting affidavits,
depositions or admission Form [Sec. 5, Rule 35]
(2) Service to the adverse party at least 10 (1) Made on personal knowledge
days the hearing (2) Setting forth such facts as would be
(3) Adverse party may serve opposing admissible in evidence
affidavits, depositions or admissions at (3) Showing affirmatively that the affiant is
least 3 days before the hearing competent to testify to the matters stated
(4) Hearing Court shall determine if a therein.
genuine issue as to any material fact exists, (4) Certified true copies of all papers or parts
and if the movant is entitled to a summary thereof referenced in the affidavit shall be
judgment as a matter of law attached or served with the affidavit.
(5) Court renders summary judgment
Affidavits in bad faith those presented
NOTE: Damages must still be proven even if under this Rule which appear to the court at
not denied. any time as presented in bad faith or solely
for the purpose of delay
Bases for Sum m ary Judgm ent
(1) Affidavits made on personal knowledge; Effect:
(2) Depositions of the adverse or a 3rd party The court:
[Rule 23] (1) shall order the offending party or counsel
(3) Answers to interrogatories [Rule 25] to pay the other party the amount of
(4) Admissions of the adverse party [Rule 26] reasonable expenses which the filing of
the affidavits caused him to incur; and
D.1 WHEN THE CASE IS NOT FULLY (2) may, after hearing, adjudge the offending
ADJUDICATED party or counsel guilty of contempt [Sec. 6,
Partial Summary Judgment applies Rule 35]
when for some reason there can be no full

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E. SUMMARY JUDGMENT V. F. RENDITION OF JUDGMENTS AND


JUDGMENT ON THE PLEADINGS V. FINAL ORDERS
JUDGMENT BY DEFAULT
Summary Judgment On Judgment By Rendition of Judgm ent
Judgment The Pleadings Default Pronouncement of the judgment in open
Based on the
Based solely on
Based on the court does not constitute rendition of
pleadings, complaint and judgment. It is the filing of the signed
the pleadings
depositions, evidence, if decision with the clerk of court that
(complaint and
admissions, presentation is constitutes rendition. Even if the judgment
answer)
and affidavits required
has already been put in writing and signed, it
Generally
is still subject to amendment if it has not yet
available only
Available to been filed with the clerk of court. [Ago v. CA,
to the plaintiff,
both plaintiff Available to G.R. No. L-17898 (1962)]
unless the
and plaintiff
defendant
defendant This includes an amended decision because
presents a
counterclaim an amended decision is a distinct and
There is no
The answer
separate judgment and must follow the
genuine issue established procedural rule. [Herrera]
fails to tender No issue as no
between the
an issue or answer is filed
parties Promulgation refers to the process by which a
there is an by the
i.e. There may
admission of defending decision is published, officially announced,
be issues but
these are
material party made known to the public, or delivered to the
allegations clerk of court for filing, coupled with notice to
irrelevant
10-day notice 3-day notice 3-day notice the parties or their counsel
required required rule applies
May be Period for Rendition
interlocutory [Sec. 15, Art. VIII, 1987 Constitution]
On the merits On the merits
or on the (1) All cases filed must be decided or resolved
merits by the Supreme Court within 24 months
Available only Available in from the date of their submission for
Available in
in actions to any action decision.
any action
recover a except (2) Unless reduced by the SC, within 12
except
debt, or for a annulment of
liquidated
annulment of
marriage,
months for lower collegiate courts and
marriage, legal within 3 months for all other lower courts.
sum of money legal
separation, or
or for separation, or
declaration of A case is deemed submitted for resolution
declaratory declaration of
nullity cases upon the filing of the last pleading, brief or
relief nullity cases
If sought by memorandum required by the Rules of Court
plaintiff, it or by the court.
must be filed
at any time An extension of the period may be set by the
after an SC upon request by the judge concerned on
answer is
There is account of heavy caseload or by other
served. There is no
already an reasonable excuse. Without an extension, a
If sought by answer filed
answer filed delay in the disposition of cases is
defendant,
may be filed tantamount to gross inefficiency on the part
at any time of the judge. [Arap v Mustafa, SCC-01-7
even before (2002)]
there is
answer

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G. ENTRY OF JUDGMENT AND Exceptions:


FINAL ORDER (1) Correction of clerical errors [Filipinas
Palmoil Processing, Inc. v. Dejapa, G.R. No.
The entry of judgment refers to the physical 167332 (2011)]
act performed by the clerk of court in entering (2) Nunc Pro Tunc entries [Filipinas Palmoil
the dispositive portion of the judgment in the Processing, Inc. v. Dejapa, G.R. No. 167332
book of entries of judgment after the same (2011)]
has become final and executory. [Riano] (3) Whenever circumstances transpire after
finality of the decision, rendering its
W hen entered: If no appeal, or motion for execution unjust and inequitable. [Apo
new trial or reconsideration is filed within the Fruits Corp. v. Land Bank of the Phils., G.R.
time provided in the Rules, the judgment or No. 164195 (2010)]
final order shall forthwith be entered by the (4) In cases of special and exceptional nature,
clerk in the book of entries of judgments [Sec. when it is necessary in the interest of
2, Rule 36] justice to direct modification in order to
harmonize the disposition with the
Contents of Record in the Book of prevailing circumstances [Industrial
Entries: Timber Corp. v. Ababon, G.R. No.164518
(1) Dispositive part of the judgment or final (2006)]
order (5) In case of void judgments [FGU Insurance v.
(2) Signature of the clerk; and RTC Makati, G.R. No. 161282 (2011)]
(3) Certification that such judgment or final (6) Where there is a strong showing that a
order has become final and executory. grave injustice would result from an
application of the Rules [Almuete v. People,
NOTE: The date of finality is deem ed the G.R. No. 179611 (2013)]
date of entry. (7) When there are grounds for annulment of
judgment or petition for relief [Gochan v.
A judgment becomes final and executory Mancao, G.R. No. 182314 (2013)]
when the period for appeal has elapsed
without a party having perfected an appeal, Amended/clarified Supplemental
or if there has been an appeal, it has been judgment decision
resolved by the highest tribunal. An entirely new
Does not take the
decision and
This is the date of entry of judgment even if place of or extinguish
supersedes the
the physical act of entering the judgment in the original judgment
original judgment
the book of entries is done later. [Riano] Court makes a
thorough study of the
H. AMENDMENTS TO JUDGMENT original judgment
and renders the
Serves to add to the
amended and
GENERAL RULE: Once a judgment original judgment
becomes final and executory, such judgment clarified judgment
only after considering
can no longer be disturbed, altered, or
modified all the factual and
legal issues
Under the Doctrine of Im m utability of
Judgments, a judgment that has attained
finality can no longer be disturbed. The
reason of two-fold:
(1) To avoid delay in the administration of
justice, and to make orderly the discharge
of judicial business; and
(2) To put an end to judicial controversies at
the expense of occasional errors. [Riano]

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V. Post-Judgment (d) The evidence is of such weight that if


admitted, would probably alter the
Remedies result of the action

GROUNDS FOR MOTION FOR


Rem edies before Finality of Judgm ent
RECONSIDERATION [Sec. 1, Rule 37]
(1) Motion for reconsideration [Rule 37]
(1) Damages awarded are excessive
(2) Motion for new trial [Rule 37]
(2) Evidence is insufficient to justify the
(3) Appeal [Rules 40-45]
decision or final order
(3) The decision or final order is contrary to
A. MOTION FOR NEW TRIAL OR law
RECONSIDERATION
A.2. WHEN TO FILE [Riano]
NOTE: The motion for reconsideration under An aggrieved party may file a motion for new
Rule 37 is directed against a judgment or trial or reconsideration within the period for
final order. It does not refer to one for taking an appeal.
interlocutory orders, which often precedes a
petition for certiorari under Rule 65. The period depends on whether the appeal is
by mere notice of appeal or by record on
These motions are prohibited in cases that appeal. A record on appeal shall be required
fall under the Rule on Summary Procedure only in special proceedings and in other cases
and those falling under the Rule of Procedure of multiple or separate appeals.
for Small Claims.
Where an appeal is one by notice of appeal,
A.1. GROUNDS the period for appeal is 15 days. Where a
record on appeal is required, the period is 30
GROUNDS FOR MOTION FOR NEW TRIAL days.
[Sec. 1, Rule 37]
(1) Fraud, accident, mistake, excusable The periods commence upon receipt of notice
negligence (FAME) subject to the of the decision or final order appealed from
following conditions: by the counsel of record, which is considered
(a) Which ordinary prudence could not
notice to the parties. Service upon the parties
have guarded against; and themselves is prohibited and is not
(b) By reason of which such aggrieved considered as official receipt of judgment.
party has probably been impaired in his
rights. A.3. FORM AND CONTENTS
There must be a valid cause of action or
defense. FORM [Sec. 2, Rule 37]
NOTE: Fraud must be extrinsic fraud (1) The motion must comply with the
which is any fraudulent scheme executed provisions of Rule 15 otherwise it will not
outside of the trial by the prevailing party be accepted for filing and/or will not
against the losing party, who because of suspend the running of the reglementary
such fraud is prevented from period.
presenting his side of the case. (2) It shall be made in writing, stating the
(2) Newly discovered evidence subject to ground or grounds therefor
the following requisites: (3) Written notice shall be served by movant
(a) It must have been discovered after the on the adverse party
trial
(b) It could not have been discovered and Non-compliance with the formal
produced at the trial even with the requirements would reduce the motion to a
exercise of reasonable diligence; mere pro forma motion, which shall not toll
(c) It must be material and not merely the period for appeal.
collateral, cumulative, or corroborative;
and
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CONTENTS OF A MOTION FOR NEW TRIAL (3) Amend such judgment or final order
[Sec. 2, Rule 37] accordingly if:
(1) If based on FAME, it shall be supported by (a) The court finds that excessive damages
an affidavit of merits, which: have been awarded or that; or
(a) recites the nature and character of (b) That the judgment or final order is
FAME on which the motion is based contrary to the evidence or law
(b) states the movants good and
substantial cause of action or defense; Resolution: The motion shall be resolved
and within 30 days from submission. [Sec. 4, Rule
(c) states the evidence he intends to 37]
present if granted.
(2) If based on newly found evidence, it shall The 30-day period to resolve the motion is
be supported by: held to be mandatory. [Gonzales v. Bantolo
(a) Affidavits of witnesses by whom such (2006)]
evidence is expected or given; or
(b) Duly authenticated documents which GRANT OF MOTION; EFFECT
are proposed to be introduced in
evidence Grant of m otion for reconsideration
The court may amend the judgment or final
CONTENTS OF A MOTION FOR order accordingly. The amended judgment is
RECONSIDERATION [Sec. 2, Rule 37] in the nature of a new judgment, which
(1) Shall point out specifically the findings or supersedes the original judgment.
conclusions of the judgment or final order
which are not supported by evidence or Grant of m otion for new trial
which are contrary to law; and The original judgment shall be vacated, and
(2) Make express reference to testimonial or the action shall stand for trial de novo. The
documentary evidence or provisions of law recorded evidence upon the former trial shall
alleged to be contrary to such findings or be used at the new trial without retaking
conclusions them, if they are material and competent.

Single-Motion Rule [Sec. 5, Rule 37] Partial grant


A party shall not be allowed to file a 2nd The court may order a new trial or grant
motion for reconsideration. reconsideration as to such issues if severable
without interfering with the judgment or final
While a 2nd motion for reconsideration is not order upon the rest. [Sec. 7, Rule 37]
allowed, a second motion for new trial is
authorized, subject to the following DENIAL OF MOTION
conditions: Effect: The judgment or final order stands as
(1) it must be based on a ground not existing is.
or available when the 1st motion was
made; and Fresh 15-Day Rule: The aggrieved party
(2) it must be made within the period allowed has a fresh period of 15 days within which
but excluding the time during which the to file his appeal.
first motion had been pending.
If the motion is denied, the movant has a
A.4 RESOLUTION AND COURT ACTION fresh period of 15 days from receipt or
notice of the order denying the motion for
Court action [Sec. 3, Rule 37] new trial or motion for reconsideration within
The court may: which to file an appeal. [Neypes v. CA, G.R.
(1) Set aside the judgment or final order and No. 141524 (2005)]
grant a new trial; or upon such terms as
may be just NOTE:
(2) Deny the motion

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(1) This fresh period becomes significant only Motion for


Motion for New Trial
when a party opts to file a motion for new Reconsideration
trial or reconsideration been awarded; or
(2) This rule does not refer to the period (2) that the
within which to appeal from the order judgment or final
denying the motion for reconsideration order is contrary
but to the period within which to appeal to the evidence or
from the judgment itself. law
Available against the
Rem edies if Motion is Denied Available even on
judgments or final
(1) To appeal from the judgment or final
appeal but only on
orders or both the
order itself the ground of newly
trial and appellate
(2) The order denying the motion may itself
discovered evidence
courts
be assailed by a petition for certiorari Both are prohibited motions under Summary
under Rule 65 Procedure

Note: AM No. 07-7-12, effective December 27, B. APPEALS


2007, amended Sec. 1, Rule 41 by deleting
An order denying a motion for new trial or
Nature
reconsideration from the non-appealable
(1) Not a natural right nor a part of due
orders. Nevertheless, Sec. 9, Rule 37 says that
process
an order denying a motion for new trial or
(2) It is merely a statutory right, and may be
reconsideration is not appealable. However,
exercised only in the manner and in
accordance with provisions of the law. It
Motion for
Motion for New Trial must comply with the requirements;
Reconsideration
failing to do so, the right to appeal is lost
Grounds:
(3) Once granted, appeals become part of due
(1) Damages
process and should be liberally applied in
awarded are
Grounds: favor of the right to appeal
excessive
(1) Fraud, accident,
(2) That evidence is
mistake, or
insufficient to B.1. JUDGMENTS AND FINAL
excusable ORDERS SUBJECT TO APPEAL;
justify the
negligence
(2) Newly discovered
decision or final MATTERS NOT APPEALABLE [SEC. 1,
order RULE 41, AS AMENDED BY AM NO.
evidence
(3) That decision or 07-7-12-SC]
final order is (1) Appeal may be taken from a judgment or
contrary to law final order that completely disposes of the
Second motion from case, or of a particular matter therein
the same party is when declared by the Rules to be
prohibited. appealable
May be allowed so
long as based on (2) No appeal may be taken from:
Prohibition applies (a) An order denying a petition for relief or
grounds not existing
only to motions for any similar motion seeking relief from
or available at the
reconsideration of judgment;
time the first motion
final orders or (b) An interlocutory order;
was made
judgments; allowed (c) An order disallowing or dismissing an
for interlocutory appeal;
orders (d) An order denying a motion to set aside
If granted, original The court may a judgment by consent, confession or
judgment or final amend the judgment compromise on the ground of fraud,
order is vacated, and or final order, it finds: mistake or duress, or any other ground
the case stands for (1) that excessive vitiating consent;
trial de novo. damages have (e) An order of execution;
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(f) A judgment or final order for or against B.2. MODES OF APPEAL


one or more of several parties or in (1) Ordinary appeal Rule 40 and 41
separate claims, counterclaims, cross- (a) Notice of appeal
claims and third-party complaints, (b) Record on appeal
while the main case is pending, unless (2) Petition for review Rule 42
the court allows an appeal therefrom; (3) Appeal from the CTA and other QJAs to
and the CA Rule 43
(g) An order dismissing an action without (4) Petition for review on certiorari Rule 45
prejudice (not a judgment on the
merits). B.3. ISSUES TO BE RAISED ON
Note: A.M. No. 07-7-12-SC removed from the
APPEAL
Limited to cognizable judgments/issues
original list an order denying a motion for
new trial or reconsideration. Nevertheless, (errors stated in the assignment of errors).
Rule 37, Sec. 9 still states that no appeal can
be made from an order denying MR or MNT. The appellate court has no jurisdiction to
review a judgment which is immediately final
and executory by express provision of law.
Only final judgments or orders can be
appealed as distinguished from interlocutory [Republic v. Bermudez-Lorino, G.R. No.
160258 (2005)]
judgments or orders which are not
appealable.
Rationale: Appeal is merely a privilege
Final Order Interlocutory Order conferred by law upon the litigants.
Disposes of the Does not dispose of a
matter in its entirety, case completely but A party cannot change the theory on appeal.
leaving nothing more leaves something Only issues pleaded in the lower court and
to be done but to more to be decided properly raised may be resolved by the
enforce execution upon. appellate court. [Medina v. CA (1992)]
Not appealable except
through a petition for However, issues which are inferred from or
Appealable necessarily connected with the issue properly
certiorari under Rule
65 raised and pleaded may be resolved by the
Must clearly and appellate court. [Espina v. CA, G.R. No.
No need to comply
distinctly state the 102128 (1992)]
with such a
law and the facts on
requirement
which it is based

An interlocutory order is one that does not


finally dispose of the case, and does not end
the court's task of adjudicating the parties
contentions and determining their rights and
liabilities as regards each other, but obviously
indicates that other things remain to be done.
[BPI v. Lee, G.R. No. 190144 (2012)]

Rem edy against M atters not


Appealable
In those instances where the judgment or
final order is not appealable, the aggrieved
party may file the appropriate special civil
action under Rule 65. [Sec. 1, Rule 41]

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B.4. COMPARISONS

MODES OF APPEAL
Appeals from QJAs to the Petition for Review by
Ordinary Appeal Petition for Review
CA Certiorari
Rule 41 Rule 42 Rule 43 Rule 45
Awards, judgments, final
orders or resolutions of
any QJA in the exercise of Case decided by the RTC
Case decided by RTC Case decided by RTC in
its quasi-judicial function in exercise of original
in exercise of original exercise of appellate
jurisdiction, CA, CTA, and
jurisdiction jurisdiction
EXCEPT: Judgments or Sandiganbayan
final orders issued under
the Labor Code
Notice of
Petition for review with Petition for review with Petition for review on
appeal/Record on
the CA the CA certiorari with the SC
appeal with the CA
File a verified petition
File a verified petition for File verified petition for
for review with CA.
review with CA. review on certiorari with
File notice of appeal Pay docket and lawful
Pay docket and lawful the SC.
or record of appeal fees and P500 as
fees and PHP 500 for Pay docket and lawful
with court of origin deposit for costs with
costs. fees and P500 for costs.
and give a copy to the CA.
Furnish copy to adverse Submit proof of service of
adverse party Furnish RTC and
party and on the a copy to the lower court
adverse party a copy of
court/agency below and adverse party
such
Within 15 days from notice
Within 15 days from of judgment, award, final
notice of judgment or order or resolution, or
Within 15 days from
final order for notice from the date of last Within 15 days from notice
notice of judgment or
of appeal; 30 days publication (if publication of judgment or final order,
final order, or from
from notice of necessary to make it or of denial of MFR or
denial of a MFR or
judgment or final effective), or from denial MFNT
MFNT
order for records on of a MFR or MFNT
appeal
15 day extension allowed

PERIOD OF APPEAL
Period to Appeal Extensions Effect of MR or MNT
MTC to RTC
Fresh period to
By notice of appeal; within 15 days from No provision on extension under the
appeal from denial
notice of judgment or final order Rules (not allowed)
MR or MNT
By record of appeal;
within 30 days from notice of judgment or
final order
RTC to CA
By notice of appeal; Fresh period to
No provision on extension under the
Within 15 days from notice of judgment or appeal from denial
Rules (not allowed)
final order MR or MNT
By record of appeal;
within 30 days from notice of judgment or
final order

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Period to Appeal Extensions Effect of MR or MNT


MTC to RTC to CA
The CA may grant a 15 day extension.
No further extension shall be granted Fresh period to
15 days from notice of judgment or final
except for the most compelling appeal from denial
order OR from denial of MR or MNT
reasons and in no case longer than 15 MR or MNT
days.
QJA to CA
The CA may grant a 15 day extension.
15 days from notice of award, judgment,
No further extension shall be granted Fresh period to
final order or resolution OR from date of
except for the most compelling appeal from denial
last publication if required by law OR from
reasons and in no case longer than 15 MR or MNT
denial of MR or MNT
days.
RTC to SC; RTC to CA to SC; CA to SC
15 days from notice of judgment or final Fresh period to
The SC may grant a 30 day extension
order OR from denial of petitioners MR or appeal from denial
but only for justifiable reasons.
MNT. MR or MNT

The fresh period rule shall apply to: mandatory and jurisdictional. [Balgami v.
(1) Rule 40 governing appeals from the CA, G.R. No. 131287 (2004)]
Municipal Trial Courts to the Regional
Trial Courts; Effect of Failure to Perfect Appeal
(2) Rule 41 governing appeals from the (1) Defeats a partys right to appeal.
Regional Trial Courts to the Court of (2) Precludes appellate court from acquiring
Appeals jurisdiction.
(3) Rule 42 on petitions for review from the
Regional Trial Courts to the Court of
Appeals;
(4) Rule 43 on appeals from quasi-judicial
agencies to the Court of Appeals; and
(5) Rule 45 governing appeals by certiorari
to the Supreme Court.

The new rule aims to regiment or make the


appeal period uniform, to be counted from
receipt of the order denying the motion for
new trial, motion for reconsideration
(whether full or partial) or any final order or
resolution. [Neypes v. CA, G.R. No. 141524
(2005)]

Being procedural in nature, Neypes is


deemed to be applicable to actions pending
and undetermined at the time of its
effectivity and is thus retroactive in that
sense and to that extent. [First Aqua Sugar v.
BPI, G.R. No. 154034 (2007)]

B.5 PERFECTION OF APPEAL


Perfection of an appeal in the manner and
within the period laid down by law is

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B.6. APPEAL FROM MUNICIPAL


TRIAL COURTS [RULE 40] HOW TAKEN [Sec. 3, Rule 40]

OUTLINE OF PROCEDURE [Sec. 7, Rule By Notice of Appeal


(1) File a notice of appeal with the trial court
40]
that rendered the judgment or final
Appeal decision of MTC by filing notice of appeal and order appealed from
pay within 15 days from receipt of judgment (2) The notice of appeal must indicate the
parties, the judgment or final order or
15 days from perfection of appeal, MTC clerk transmits part thereof appealed from; the material
record to RTC date showing timeliness of appeal
(3) A copy served on the adverse party; and
(4) Payment in full of docket fees and other
Notice to parties that an appeal is being taken from the lawful fees
decision of the MTC
By Record on Appeal
Within 15 days from notice of appeal: (1) Record on appeal is required for the
(1) Appellant submits memorandum to the RTC following cases:
(a) Special proceedings
(2) Appellee files his own memorandum 15 days from
(b) In such other cases where multiple
receipt of appellants memorandum
appeals are allowed
(2) Form and contents of the record on
Court acts on the appeal
appeal: [Sec. 6, Rule 41]
(a) Within 15 days from perfection of
If uncontested, Any party may appeal appeal, clerk of court or the branch
judgment is entered in by filing a petition for clerk of the lower court shall transmit
the book of entries review with the CA to the RTC:
(i) Original record or record on
appeal
(ii) Together with transcripts and
exhibits
WHERE TAKEN (b) Clerk shall make a certification that
It is taken to the RTC exercising jurisdiction the documents are complete
over the area to which the MTC pertains. (c) Clerk shall also furnish the parties a
[Sec. 1, Rule 40] copy of his letter of transmittal of the
records to the appellate court
WHEN TAKEN [Sec. 2, Rule 40] (3) Copy is served on the adverse party
(1) If by notice of appeal, within 15 days (4) Payment in full of docket fees and other
after notice to appellant of judgment or lawful fees
final order appealed from
(2) If record of appeal is required, within 30 PERFECTION OF APPEAL
days from notice of judgment or final Since appeals from inferior courts may
order now be either by notice of appeal or
(3) Period of appeal shall be interrupted by record on appeal, the rules on the
a timely motion for new trial or perfection and the effect thereof are the
reconsideration same. [See Sec. 9, Rule 41]
Extension of Period to Appeal
Period to appeal may be extended but such
extension is addressed to the sound
discretion of the court [Socco v. Garcia, G.R.
No. L-18231 (1962)]

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APPEAL FROM ORDER DISMISSING A of fact, of law, or mixed questions of


CASE WITHOUT TRIAL; LACK OF fact and law
JURISDICTION (3) Petition for Review on Certiorari,
or appeal by certiorari to the SC
Two Scenarios: This mode of appeal, provided for by
(1) If the MTC dismissed the case without Rule 45, is brought to the SC from the
trial on the merits, the RTC may: decision of the RTC in the exercise of
(a) Affirm, if the ground of dismissal is its original jurisdiction and only on
lack of jurisdiction over the subject questions of law
matter; If the RTC has jurisdiction, it
shall try the case on the merits as if B.8. APPEAL FROM THE REGIONAL
the case was originally filed therein; TRIAL COURTS TO THE COURT OF
or APPEALS [RULE 41]
(b) Reverse, in which case, it shall
remand the case for further Appeal via Rule 41 presupposes that:
proceedings (1) The RTC rendered the judgment or final
(2) If the case was tried on the merits by the order in the civil action or special
MTC without jurisdiction over the subject proceeding in the exercise of its
matter: original jurisdiction; and
(a) The RTC shall not dismiss the case if (2) That the appeal is taken to the CA on:
it has original jurisdiction but shall (a) Questions of fact or
decide the case and admit amended (b) Mixed questions of fact and law
pleadings or additional evidence in
the interest of justice Notice of Appeal Filed with the court
which rendered the judgment or final order
APPLICABILITY OF RULE 41 - appealed from. A copy is served on the
The other provisions of Rule 41 shall apply adverse party. [Sec. 5, Rule 41]
to appeals provided for herein insofar as
they are not inconsistent with or may serve Contents of the Notice of Appeal:
to supplement the provisions of this Rule. (1) Parties to the appeal
(2) Judgment or final order or part thereof
B. 7. APPEAL FROM THE appealed from
REGIONAL TRIAL COURTS (3) The court to which the appeal is being
taken; and
Modes of Appeal There are three (4) The material dates showing the
modes of appeal from judgments or final timeliness of the appeal
orders of the RTC:
(1) Ordinary Appeal or appeal by writ of Record on Appeal Done in special
error, where judgment was rendered in a proceedings and other cases where multiple
civil or criminal action by the RTC in the or separate appeals are allowed. This is
exercise of its original jurisdiction filed and served in the same manner as
This mode of appeal, governed by notice of appeal.
Rule 41, is taken to the CA on
questions of fact or mixed questions Contents of the Record [Sec. 6, Rule 41]
of fact and law (1) Full names of all the parties to the
(2) Petition for Review , where judgment proceedings shall be stated in the
was rendered by the RTC in the exercise caption of the record on appeal
of its appellate jurisdiction (2) It shall include the judgment or final
This mode of appeal, covered by Rule order from which the appeal is taken,
42, is brought to the CA on question (3) In chronological order, copies of only
such pleadings, petitions, motions, and

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all interlocutory orders as are related to


the appealed judgment or final order Extension of Period to Appeal
(4) For the proper understanding of the Period to appeal may be extended but such
issue involved extension is addressed to the sound
(5) Together with such data as will show discretion of the court [Gregorio v. CA, G.R.
that the appeal was perfected on time No. L-43511 (1976)]

Approval of the Record on Appeal [Sec. 7, The mere filing and pendency of motion for
Rule 41] extension to perfect appeal does not
Upon filing of the record for approval and if suspend the running of the reglementary
no objection is filed by the appellee within 5 period [King v. Corro, G.R. No. L-23617
days from receipt of a copy thereof, the trial (1967)]
court may:
(1) Approve it as presented; or PLEADINGS FILED [See Rule 44,
(2) Direct its amendment by the inclusion of Procedure in the CA]
any omitted matters which are deemed
essential. Appellants Brief
Filed within 45 days from receipt of
Joint Record on Appeal [Sec. 8, Rule 41] notice of clerk that all evidence is
Where both parties are appellants, they attached to record
may file a joint record on appeal. Follow the Efficient Use of Paper Rule,
one original properly marked and 2
PERIOD TO APPEAL [Sec. 2, Rule 41] copies with annexes
(1) 15 days from notice of judgment or final Attach proof of service to adverse party
order appealed from
(2) 30 days from notice of judgment or final Grounds for dismissal with respect to
order where a record on appeal is appellants brief:
required (1) Failure to file brief on time
(3) 48 hours from notice of judgment or (2) Failure to make specific assignment of
final order appealed from in habeas errors in his brief
corpus cases
Contents:
Reckoning point of reglem entary (1) Subject index
period (2) Assignment of Errors
Period for filing the appeal should be (3) Statement of the Case
counted from the date when the partys (4) Statement of Facts
counsel received a copy of the judgment or (5) Statement of Issues
final order (6) Arguments
(7) Relief
When a party is represented by a counsel, (8) Copy of judgment or final order appealed
service of process must be made on counsel, from
not on party [Fajardo v. CA, G.R. No. 140356
(2001)] Appellees Brief
Filed within 45 days from receipt of
Effect of Motions for New Trial and
appellants brief
Reconsideration
Manner of filing is similar to that in
Originally, the period to appeal is
appellants brief
interrupted by a timely motion for new trial
and reconsideration. However, with the
Neypes doctrine, a party has a fresh 15-day
period from a denial of the motion to
perfect an appeal.

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Contents: time and expiration of the time to


(1) Subject index appeal of the other parties
(2) Statement of Facts and Counter- This rule applies individually and to
Statement of Facts each of the parties since the
(3) Arguments timeliness of their recourse for
appellate remedy depends on when
Appellants Reply Brief they respectively received a copy of
(1) Filed within 20 days from receipt of the judgment or final order
Appellees Brief (2) In appeals by record on appeal:
(2) This is not mandatory as it is optional on Court loses jurisdiction only over the
the part of the appellant subject matter thereof upon approval
of the records on appeal filed in due
Extension of Tim e for Filing Briefs: time and the expiration of the time to
appeal of the other parties
GENERAL RULE: Not allowed The effect is limited to the subject
matter only. Jurisdiction over the case
EXCEPTION: For good reasons and only if is still with the trial court.
motion for extension is filed before
expiration of time sought to be extended Residual Powers/Jurisdiction of the
RTC
PERFECTION OF APPEAL After losing jurisdiction but prior to the
transmittal of the original record on appeal,
Payment of Docket Fees [Sec. 4, Rule the RTC may:
41] (1) Issue orders for protection and
Within the period for taking an appeal, the preservation of the rights of the parties
appellant shall pay to the clerk of the court which do not involve matters litigated by
which rendered the judgment or final order the appeal
appealed from, the full amount of the (2) Approve compromises
appellate court docket and other lawful fees. (3) Permit appeals by indigent litigants
Proof of payment of said fees shall be (4) Order execution pending appeal under
transmitted to the appellate court together Sec. 2, Rule 39 (motion for execution was
with the original record or the record on filed before expiration of the period to
appeal. appeal)
(5) Allow withdrawal of the appeal
Payment of docket fees in full is mandatory
and is a condition sine qua non for the The concept of residual jurisdiction of the
perfection of an appeal. trial court is available at a stage in which
the court is normally deemed to have lost
Perfection of Appeal [Sec. 9, Rule 41] jurisdiction over the case or the subject
If appeal is by notice of appeal it is matter involved in the appeal. There is no
deemed perfected as to him upon the residual jurisdiction to speak of where no
filing of the notice of appeal in due time appeal or petition has even been filed
If appeal is by record on appeal it is [Fernandez v. CA, G.R. No. 131094 (2005)].
perfected as to him with respect to the
subject matter thereof, upon approval of Duty of Clerk Upon Perfection of
the record on appeal filed in due time Appeal [Sec. 10, Rule 41]
Within 30 days after perfection of all
Effect of Perfected Appeal appeals, the RTC clerk shall:
(1) In appeals by notice of appeal: (1) Verify completeness of original record or
Court loses jurisdiction over the case record on appeal and make certification
upon perfection of appeal filed in due as to its correctness

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(2) Verify completeness of records that will


be transmitted to appellate court HOW TAKEN; PERIOD TO APPEAL
(3) If found to be incomplete: If a party desires to appeal from a decision
(a) Take such measures as may be of the RTC in its appellate jurisdiction:
required to complete records (1) File a verified petition for review with
(b) If efforts to complete records fail: the CA
(i) Indicate in his letter of (a) Within 15 days from notice of
transmittal the exhibits or judgment or final order, or
transcripts not included (b) Within 15 days from notice of denial
(ii) Reasons for their transmittal of petitioners motion for new trial or
(iii) Steps taken or that could be reconsideration
taken to have them available (2) Pay the corresponding docket fee and
(4) Transmit the records to the appellate other lawful fees and depositing P500
court and furnish the parties with copies for costs
of his letter of transmittal (3) Furnish the RTC and adverse party a
copy of the petition
DISMISSAL OF APPEAL [Sec. 13, Rule
41] Extension of period
When can the RTC dismiss the appeal? The CA may grant an additional 15 days
Prior to transmittal of original record to within which to file the petition for review,
appellate court; or but only for most compelling reasons.
Prior to transmittal of record on appeal
to the appellate court Conditions
(1) There was a motion filed to this effect
How done: By the court, motu proprio, or (2) There was payment in full of docket fees
on motion to dismiss appeal by a party and other lawful fees as well as deposit
for costs
Grounds (3) These two were done within the
(1) Appeal was taken out of time reglementary period
(2) Non-payment of docket and other
lawful fees within the reglementary FORM AND CONTENTS [Sec. 5, Rule
period 42]

NOTE: The dismissal of the appeal in the Form of the petition:


RTC is limited only to these two grounds (1) Original copy is filed intended for the
court, properly marked and 2 copies with
B.9. PETITION FOR REVIEW FROM their annexes (Efficient Use of Paper
Rule)
THE REGIONAL TRIAL COURTS TO (2) Accompanied by clearly legible duplicate
THE COURT OF APPEALS [RULE originals or true copies of judgments or
42] final orders of both lower courts certified
Appeal via Rule 42 is proper when one correct by the RTC clerk
appeals from a decision of the RTC in the (3) Also with pleadings and other material
exercise of its appellate jurisdiction. It portions of record as would support the
may be taken on either questions of fact, allegations of the petition
questions of law, or on mixed questions of
fact and law. Contents:
(1) Full names of the parties without
This mode of appeal is not a m atter of impleading the lower courts or judges
right but is a matter of discretion on the thereof
part of the CA, on whether or not to (2) Specific material dates showing
entertain the appeal. timeliness of appeal

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(3) Concise statement of: (1) Require respondent to file a comment on


(a) Matters involved the petition not a motion to dismiss
(b) Issues raised within 10 days from notice; or
(c) Specification of errors of fact or law, (2) Dismiss the petition if it finds the same
or both to be:
(d) Reasons or arguments relied upon (a) Patently without merit
(4) A certificate of non-forum shopping (b) Prosecuted manifestly for delay; or
must also be attached (c) The questions raised therein are too
unsubstantial to require
Effect of failure to comply [Sec. 3, Rule consideration
42]
Failure to comply with any of the following Under this Rule, appeal is discretionary on
requirements shall be sufficient ground for the CA which may give its due course only
dismissal: when the petition shows prima facie that the
(1) Payment of docket and other lawful fees lower court has committed error.
NOTE: In petitions for review under Rules
42, 43, and 45, the docket fee is paid in Comment by Respondent [Sec. 5, Rule
the appellate courts 42]
(2) Deposit for costs Form
(3) Proof of service of petition (1) An original is filed, properly marked,
(4) Contents of the documents, which together with 2 copies with their annexes
should accompany the petition (Efficient Use of Paper Rule)
(2) Accompanied by certified true copies of
PERFECTION OF APPEAL [Sec. 8, Rule such material portions of the record
42] referred to therein
Appeal is deemed perfected as to petitioner (3) Together with other supporting papers
upon: (4) Copy of the comment served on
(1) Timely filing of the petition petitioner
(2) Payment of docket and lawful fees
Contents The comment shall:
Jurisdiction of the RTC (1) State whether or not he accepts the
(1) RTC loses jurisdiction upon: statement of matters involved in the
(a) Perfection of appeals filed in due petition
time; and (2) Point out such insufficiencies or
(b) Expiration of the time to appeal of inaccuracies as he believes exist in
other parties petitioners statement of matters but
(2) RTC may exercise residual jurisdiction without repetition
before the CA gives due course to the (3) Reasons why the petition should not be
petition given due course

GENERAL RULE: Perfected appeal stays Due Course [Sec. 6, Rule 42]
the challenged judgment or final order If the Court of Appeals finds prima facie that
the lower court has committed an error of
EXCEPTIONS: fact or law that will warrant a reversal or
(1) Civil cases decided under the Rule on modification of the appealed decision, it
Summary Procedure; or may accordingly give due course to the
(2) Unless the CA, law, or Rules provide petition.
otherwise [Sec. 8, Rule 42]
As stated earlier, the Doctrine of Residual
ACTION ON PETITION [Sec. 4, Rule 42] Jurisdiction of the RTC applies as in cases
The CA may: under Rule 41, except that the RTC must
exercise this jurisdiction before the CA gives

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due course to the petition. In contrast, the (11) Department of Agrarian Reform
RTC must exercise residual jurisdiction in under RA 6657
Rule 41 prior to transmittal of the original (12) GSIS
record or the record on appeal. (13) Employees Compensation
Commission
SUBMISSION FOR DECISION [Sec. 9, (14) Agricultural Inventions Board
Rule 42] (15) Insurance Commission
If the petition is given due course (16) Philippine Atomic Energy
(1) Case may be set for oral argument, or Commission
(2) The parties may be required to submit (17) Board of Investment
memoranda within 15 days from notice (18) Construction Industry Arbitration
Commission, and
Case shall be deemed submitted for (19) Voluntary arbitrators authorized by
decision upon filing of last pleading or law
memoranda
W here to Appeal [Sec. 3, Rule 43]
B.10. APPEALS FROM QUSI- Appeal is taken to the CA on questions of
fact, of law, or mixed questions of fact and
JUDICIAL BODIES law.
Scope: Appeals from awards, judgments, Period to Appeal [Sec. 4, Rule 43]
final orders or resolution of or authorized by Period to appeal is 15 days from:
any quasi-judicial agency (QJA) in the (1) Notice of award, judgment, final order,
exercise of its quasi-judicial functions or resolution;
(2) Date of publication, if publication is
A quasi-judicial agency or body is an organ required by law for its effectivity; or
of government other than a court and other (3) Denial of petitioners motion for new trial
than a legislature, which affects the rights or reconsideration.
of private parties though either adjudication
or rule-making Extension of Period
The CA may grant an additional 15 days
NOTE: The CTA is no longer a quasi- within which to file the petition for review
judicial agency under RA 9282, as of April 7,
2004. A party adversely affected by a Conditions:
decision or ruling of the CTA en banc may (1) There was a motion filed to this effect
file with the SC a verified petition for review (2) There was payment in full of docket fees
on certiorari under Rule 45. [Sec. 11, RA and other lawful fees as well as deposit
9282 and AM No. 07-7-12-SC] for costs
(3) These two were done within the
QJAs covered by Rule 43: reglementary period
(1) Civil Service Commission
(2) Securities and Exchange Commission
No further extension may be granted except
(3) Office of the President
for the most compelling reason and in no
(4) Land Registration Authority
case to exceed 15 days.
(5) Social Security Commission
(6) Civil Aeronautics Board
NOTE: Similar to the rule in petition for
(7) Bureau of Patents, Trademarks and
review from the RTC to the CA [Rule 42].
Technology Transfer
(8) National Electrification Administration
How Taken [Sec. 5, Rule 43]
(9) Energy Regulatory Board
(1) A verified petition for review is filed with
(10) National Telecommunications the CA following the Efficient Use of
Commission Paper Rule

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(a) Attach proof of service of a copy to (c) Questions raised are too
the adverse party and to the court or unsubstantial to require
agency a quo consideration
(2) Upon filing, pay the docket and lawful
fees as well as a P500 deposit for costs Form of Comment [Sec. 9, Rule 43]
(a) Payment is made to the CA clerk (1) Filed within 10 days from notice
(b) Exemption from payment may be following the Efficient Use of Paper Rule
granted by the CA by filing a verified (2) Accompanied by the following:
motion for exemption; if denied, party (a) Clearly legible certified true copies of
must pay within 15 days from notice such material portions of the record
of denial referred to therein
(b) And such other supporting
Contents of Petition [Sec. 6, Rule 43] documents
(1) Statement of full names of parties to the (3) Copy of Comment is served on petitioner
case without impleading court or with proof of such service filed with the
agencies CA
(2) Concise statement of facts and issues
involved and grounds relied upon for Contents of Comment [Sec. 9, Rule 43]
review The comment shall:
(3) Accompanied by: (1) Point out insufficiencies or inaccuracies
(a) Clearly legible duplicate original or a in petitioners statement of facts and
certified true copy of award, issues
judgment, final order, or resolution (2) State reasons why petition should be
appealed from denied or dismissed
(b) Certified true copies of such material
portions of record referred to in the Due Course [Sec. 10, Rule 43]
petition and other supporting papers CA may give due course if CA finds prima
(4) Certificate of non-forum shopping facie that court or agency has committed
(5) Statement of specific material dates errors of fact or law that would warrant
showing timeliness of appeal reversal or modification

Effect of Failure to Comply [Sec. 7, If not, then the CA may dismiss the same.
Rule 43]
Failure to comply with the following is Transmittal of Records [Sec. 11, Rule
sufficient ground for the CA to dismiss the 43]
appeal: Within 15 days from notice that petition has
(1) Payment of docket and lawful fees been given due course, the CA may:
(2) Deposit for costs (1) Require court or agency concerned to
(3) Proof of service of petition transmit original or legible certified true
(4) Contents of petition copy of entire record of proceeding under
(5) Documents which should accompany the review
petition (2) Require or permit subsequent correction
or addition to record
Action on the Petition [Sec. 8, Rule 43]
The CA may: Effect of Appeal [Sec. 12, Rule 43]
(1) Require respondent to file Comment
within 10 days from notice GENERAL RULE: Appeal shall not stay
(2) Dismiss the petition if CA finds the same the award, judgment, final order or
to be: resolution sought to be reviewed
(a) Patently without merit
(b) Prosecuted manifestly for delay, or

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EXCEPTION: When the CA shall direct B.13. APPEAL FROM THE


otherwise upon such terms as it may deem OMBUDSMAN
just The following decisions are unappealable
[Sec. 7, Rule III, Admin Order No. 7]
Subm ission for Decision [Sec. 13, Rule (1) In administrative cases where
43] respondent is absolved of the charge
If petition is given due course, the CA may (2) In case of conviction, where penalty
set the case for oral argument or require imposed is public censure or reprimand,
parties to submit memoranda within 15 or suspension of not more than one
days from notice. month or a fine equivalent to one month
salary
Upon filing of last pleading or
memorandum required, case is deemed Jurisdiction of the CA
submitted for decision. (1) CA has jurisdiction over orders, directives,
and decisions of the Office of
B.11. APPEAL FROM THE CTA Ombudsman in administrative
A party adversely affected by a decision or disciplinary cases only
ruling of the CTA en banc may file with the (2) It cannot review orders, directives,
Supreme Court a verified petition for review decisions in criminal and non-
on certiorari pursuant to Rule 45. [Sec. 19, administrative cases
RA 1125 as amended by RA 9282)
Jurisdiction of the SC
B.12. APPEAL FROM THE COMELEC (1) In criminal cases, ruling of Ombudsman
Unless otherwise provided by law, or by any shall be elevated to the SC via Rule 65
specific provisions in these Rules, any (2) In cases in which it is alleged that the
decision, order or ruling of the Commission Ombudsman has acted with grave abuse
may be brought to the Supreme Court on of discretion amounting to lack or excess
certiorari by the aggrieved party within of jurisdiction, a special civil action of
thirty (30) days from its promulgation. [Sec. certiorari under Rule 65 may be filed
1, Rule 37, COMELEC Rules of Procedure; with this Court to set aside the
Sec. 3, Rule 64, Rules of Court] Ombudsmans order or resolution. [Nava
v. NBI, G.R. No. 134509 (2005)]
Decisions in appeals from courts of general
or limited jurisdiction in election cases B.14. APPEAL FROM THE NLRC
relating to the elections, returns, and Appeal from quasi-judicial agencies does
qualifications of municipal and barangay not apply to judgments or final orders
officials are not appealable. [Sec. 2, Rule 37, issued under the Labor Code. [Sec. 2, Rule
COMELEC Rules of Procedure] 43]

Decisions in pre-proclamation cases and The remedy of a party aggrieved by the


petitions to deny due course to or cancel decision of the NLRC is to file a motion for
certificates of candidacy, to declare a reconsideration and, if denied, file a special
candidate as nuisance candidate or to civil action for certiorari under Rule 65
disqualify a candidate, and to postpone or within 60 days from notice of the decision.
suspend elections shall become final and In observance of the doctrine of hierarchy of
executory after the lapse of five (5) days courts, this should be filed with the CA. [St.
from their promulgation, unless restrained Martin Funeral Homes v. NLRC, G.R. No.
by the Supreme Court. [Sec. 3, Rule 37, 130866 (1998)]
COMELEC Rules of Procedure]
From the CA, the remedy of the aggrieved
party is a petition for review by certiorari to

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the SC. [Dongon v. Rapid Movers and Petitioner and The parties are the
Forwarders, G.R. No. 163431 (2013)] respondent are aggrieved party
original parties to the against the lower
NLRC judgments and final orders or action in the lower court or quasi-judicial
resolutions are now reviewable, in the first court agency
instance, by the Court of Appeals on A filing of a MR is a
certiorari under Rule 65, but those of the Prior filing of MR not condition precedent,
Employees Compensation Commission required subject to certain
should be brought to the Court of Appeals exceptions
through a petition for review under this Rule. Filed with RTC, CA, or
Filed with SC
[Fabian v. Desierto, G.R. No. 129742 (1998)] SC

B.15. APPEAL BY CERTIORARI TO Outline of Procedure


THE SUPREME COURT [RULE 45]
RTC, Sandiganbayan, CTA en banc, or CA renders
Certiorari as M ode of Appeal and as a decision
Special Civil Action [Herrera]
Appeal by Certiorari Certiorari as SCA
[Rule 45] [Rule 65]
Special civil action Any party files a petition for review on certiorari
Mode of appeal Within 15 days from notice:
(original action)
Continuation of the of final judgment or order of lower court, or notice
appellate process Independent action of denial of motion for reconsideration or new
over the original case trial
Raises questions of
jurisdiction because a
tribunal, board, or
officer exercising Appellant serves copies of petition on adverse
Raises only questions
judicial or quasi- parties
of law
judicial functions has And to the lower court,
acted without or in And pay the corresponding docket fees
excess of jurisdiction,
or with grave abuse of
discretion
May be directed SC may dismiss the petition or require appellee
against an to comment
interlocutory order of
the court prior to
Involves review of
appeal from the
judgment, award or
judgment or where
final order on merits If given due course, parties may submit
there is no appeal or
memoranda
any other plain,
speedy, or adequate
remedy
May be filed not later
SC may affirm, reverse, or modify judgment of
Must be made within than 60 days from
the reglementary notice of judgment, lower court
period of appeal order or resolution
sought to be assailed
Does not stay the
Stays the judgment,
challenged
PROPRIETY AS A MODE OF APPEAL
award, or order Appeals to the SC can be taken from a
proceedings, unless
appealed from judgment or final order or resolution of the
enjoined or restrained

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CA, Sandiganbayan, CTA en banc, RTC or weigh the probative value of the evidence
such other courts as may be authorized by adduced before the lower courts
law [Frondarina v. Malazarte, G.R. No. 148423
(2006)]
Only questions of law are allowed.
Whether an appeal involves only questions APPEAL FROM RTC TO SC UNDER
of law or both questions of law and fact is RULE 45
best left to the determination of an RTC must have rendered judgment in the
appellate court and not by the court which exercise of its original jurisdiction.
rendered the decision appealed from [PNB v.
Romillo, etc., et al., G.R. No. L-70681 (1985)] If the RTC is in exercise of its appellate
jurisdiction, proper remedy is to appeal to
QUESTIONS OF LAW QUESTIONS OF FACT the CA via Rule 42 even if only questions of
Doubt as to the law are raised.
truth or falsehood
Doubt as to what
of facts, or as to If the other party had already taken an
the law is on
probative value of appeal to the CA to question the RTC
certain facts
the evidence decision, the proper remedy of petitioner is
presented simply ordinary appeal to the CA as well.
If the appellate [First Phil. International Bank v. CA]
court can The determination
determine the issue involves evaluation Grave abuse of discretion is not an
without reviewing or review of allowable ground under Rule 45. [Martires v.
or evaluating the evidence CA, G.R. No. 78036-37 (1990)].
evidence
APPEAL FROM CA
Query involves the
Appeal under Rule 45 is the proper review
calibration of the of decisions of the CA even in special civil
whole evidence actions.
considering mainly
the credibility of Any alleged errors committed by it in the
Can involve
witnesses, exercise of jurisdiction would be errors of
questions of
existence, and judgment which are reviewable by timely
interpretation of
relevancy of specific appeal and not by special civil action of
law with respect to
surrounding certiorari.
certain set of facts
circumstances and
relation to each Rule 45 is clear that decisions, final orders,
other and the whole or resolutions of the CA in any case,
probabilities of the regardless of the nature of the action or
situation proceedings involved, may be appealed to
the SC by filing a petition for review, which
The SC is not a trier of facts, and is not to would but be a continuation of the
review or calibrate the evidence on record. appellate process over the original case.
Moreover, findings of facts of trial court, as
affirmed on appeal by the CA, are
conclusive on the court [Boston Bank of the
Philippines v. Manalo, G.R. No. 158149
(2006)]

It has to be emphasized that it is not the


duty of the SC to review, evaluate, and

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CONCLUSIVENESS OF FINDINGS OF [Manlapaz v. CA, G.R. No. L-56589


FACT (1987)].

GENERAL RULE: The SC is not a trier of Period of Appeal [Sec. 2, Rule 45]
facts, and is not to review or calibrate the Time for Filing: 15 days from
evidence on record. Moreover, findings of (1) Notice of judgment, final order, or
facts of trial court, as affirmed on appeal by resolution appealed from, or
the CA, are conclusive on the court [Boston (2) Notice of denial of motion for new trial or
Bank of the Philippines v. Manalo, G.R. No. reconsideration filed in due time after
158149 (2006)] notice of judgment

EXCEPTIONS: NOTE: The Neypes doctrine is also


CAs findings of fact may be reviewed by the applicable in Rule 45.
SC on appeal by certiorari when:
(1) Conclusion is a finding grounded entirely Extension of Period: 30 days upon
on speculations, surmises or conjectures (1) Motion duly filed and served;
[Joaquin v. Navarro, G.R. No. L-5426 (2) Payment of docket and lawful fees, and
(1953)]. deposit for costs; and
(2) Inference made is manifestly mistaken, (3) Showing of justifiable reasons.
absurd or impossible [Luna v. Linatok
(1942)]. NOTE: Both (1) and (2) must be within the
(3) There is grave abuse of discretion in the reglementary period.
appreciation of facts [Buyco v. People,
G.R. No. L-6327 (1954)]. Form of Petition
(4) Judgment is based on a The petition must be verified:
misapprehension of facts [De la Cruz v. (1) Following the Efficient Use of Paper
Sosing, G.R. No. L-4875 (1953)]. Rule:
(5) The Court of Appeals findings of fact are (a) One original, properly marked, and 4
conflicting [Casica v. Villaseca, G.R. No. copies
L-9590 (1957)]. (b) If the case is referred to En Banc, 10
(6) The Court of Appeals, in making its additional copies is filed
findings, went beyond the issues of the (2) Payment of docket and other lawful fees
case and the same is contrary to the and deposit of P500 for costs is made
admissions of both appellant and with the SC Clerk at the time of filing
appellee [Nakpil & Sons v. CA, G.R. No. (3) Proof of service of the petition to the
L-47851 (1986)]. lower court and adverse party are
(7) The Court of Appeals manifestly attached
overlooked certain relevant facts not
disputed by the parties and which, if
properly considered, would justify a
different conclusion [Abellana v. Dosdos,
G.R. No. L-19498 (1965)].
(8) The Court of Appeals findings of fact are
contrary to those of the trial court, or are
mere conclusions without citation of
specific evidence, or where the facts set
forth by the petitioner are not disputed
by the respondent, or where the findings
of fact of the Court of Appeals are
premised on absence of evidence but are
contradicted by the evidence of record

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Contents of Petition [Sec. 4, Rule 45] or with the applicable provisions of the
(1) State full names of the parties SC; or
(a) Appealing party = as Petitioner (2) Court a quo has so far departed from
(b) Adverse party = as Respondent accepted and usual course of judicial
(c) Do not implead lower courts or proceedings, or so far sanctioned such
judges departure by a lower court, as to call for
(2) Indicate material dates showing: an exercise of power of supervision
(a) When notice of judgment or final
order or resolution was received Elevation of Records [Sec. 8, Rule 45]
(b) When a motion for new trial or If the petition is given due course, the
reconsideration, if any, was filed and Supreme Court may require the elevation of
when a denial thereof was received the complete record of the case or specified
(3) Concise statement of: parts thereof within fifteen (15) days from
(a) The matters involved notice
(b) Reasons or arguments relied on
(4) Accompanied by a clearly legible B. 16. DISMISSAL OF APPEALS
duplicate original, or a certified true copy
of the judgment or final order or Dism issal by the CA [Rule 50]
resolution certified by the clerk of court An appeal may be dismissed by the CA, on
and court a quo its own motion, or on that of the appelle on
(5) Certificate of non-forum shopping certain grounds
Grounds for Denial of Petition [Sec. 5, Grounds for Dismissal [Secs. 1-2, Rule
Rule 45] 50]
(1) Failure of petitioner to comply with: (1) Failure of record on appeal to show on
(a) Payment of docket or other lawful its face that appeal was taken within the
fees period fixed by Rules
(b) Deposit for costs (2) Failure to file notice of appeal or record
(c) Proof of Service; and on appeal within prescribed period
(d) Contents of and documents which (3) Failure of appellant to pay docket and
would accompany the petition other lawful fees as provided in Sec. 4,
(2) Appeal is without merit Rule 41
(3) Is prosecuted manifestly for delay (4) Unauthorized alterations, omissions, or
(4) That the questions raised are so additions in approved record on appeal
unsubstantial as to require consideration as provided in Sec. 4, Rule 44
(5) Failure of appellant to serve and file
NOTE: SC may dismiss the petition motu required number of copies of his brief or
proprio memorandum within time provided by
Rules
Review is Discretionary [Sec. 6, Rule (6) Absence of specific assignment of errors
45] in the appellants brief, or of page
Appeal to the SC is NOT a matter of right. It references to record as required in Sec.
will be granted only when there are special 13, (a), (c), (d), (f), Rule 44
and important reasons therefor. (7) Failure of appellant to take necessary
steps for correction or completion of
Some indications of the character of record within time limited by the court in
reasons which will be considered: its order
(1) When the court a quo has decided the (8) Failure of appellant to appear at
question of substance, not theretofore preliminary conference under Rule 48 or
determined by the SC, or has decided it comply with orders, circulars, directives
in a way probably not in accord with law of the court without justifiable cause

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(9) Fact that the order or judgment Dism issal by the SC [Rule 56]
appealed from is not appealable The appeal may be dismissed motu
(10) Appeal under Rule 41 from the RTC, proprio or on motion of the respondent on
raising only questions of law; the following grounds:
(11) Appeal by notice of appeal from a (1) Failure to appeal within reglementary
decision rendered by the RTC in its period
appellate jurisdiction; (2) Lack of merit of petition
(12) Appeal erroneously taken to the CA (3) Failure to pay docket and lawful fees and
deposit
Other Grounds (4) Failure to comply with requirements on
(1) By agreement of the parties (i.e. proof of service, contents, and
amicable settlement) documents accompanying petition
(2) Where appealed case has become moot (5) Failure to comply with circular, directive,
or academic or order of SC without justifiable cause
(3) Where appeal is frivolous or dilatory (6) Error in choice of mode of appeal
(7) The case is not appealable to the SC

FLOWCHART: APPEALS
TO THE SUPREME COURT

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COMPARATIVE TABLE ON THE MODES OF APPEAL


RULE 40 RULE 41 RULE 42 RULE 43 RULE 45
WHEN PROPER
ORDINARY APPEAL PETITIONS FOR REVIEW
Matter of Right; Filed with the court of origin Discretionary; No records are elevated unless the court decrees it
All records are elevated from court of origin Filed with the appellate court
Appeal from a judgment or Appeal from a decision of Appeals to the SC from a
final order of a the RTC in the exercise of its judgment or final order or
MTC/MeTC/MCTC original jurisdiction resolution of the CA,
Sandiganbayan, CTA en banc,
Appeals from awards,
RTC (original jurisdiction) or
judgments, final orders
Appeal from a decision of such other courts as may be
or resolution of or
the RTC rendered in the authorized by law
authorized by any quasi-
exercise of its appellate Decisions, final orders, or
Rule 41 provisions shall apply to Rule 40 if not consistent judicial agency in the
jurisdiction resolutions of the CA in any
with Rule 40 provisions exercise of its quasi-
case, regardless of the nature of
judicial functions
the action or proceedings
involved, may be appealed to
the SC by filing a petition for
review
WHERE TO FILE
Filed with the MTC Filed with the RTC Filed with the CA Filed with the CA Filed with the SC
Appeal to the RTC Appeal to the CA Appeal to the CA Appeal to the CA Appeal to the SC
Questions of fact,
Questions of fact or mixed Questions of fact, questions
Questions of fact or mixed questions of law, or
questions of fact and law of law, or mixed questions Only questions of law
questions of fact and law mixed questions of fact
of both
and law
TIME FOR FILING
Within 15 days from:
Within 15 days from:
(1) Notice of award,
Within 15 days from notice
judgment, final
(1) Notice of judgment, final
BY NOTICE OF APPEAL
of decision, or order, or resolution
Within 15 days after notice of judgment or final order order, or resolution;
Within 15 days from notice appealed from; or
of denial of petitioners
(2) Date of publication,
BY RECORD ON APPEAL if publication is
(2) Notice of denial of motion
motion for new trial or for new trial or
Within 30 days from notice of judgment or final order by filing required by law for
reconsideration reconsideration filed in due
a notice of appeal and a record on appeal its effectivity; or
time after notice of
(3) Denial of petitioners judgment
MNT or MR

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FLOWCHART:
POST-JUDGMENT REMEDIES
WITHIN THE LOWER COURT

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C. RELIEF FROM JUDGMENTS. C.2. MOTION FOR NEW TRIAL AND


ORDERS, AND OTHER PETITION FOR RELIEF
PROCEEDINGS Motion for New Trial Petition for Relief
[Rule 37] [Rule 38]
Available before Available after
Remedies after finality of judgment judgment becomes judgment has become
(1) Petition for Relief [Rule 38] final and executory final and executory
(2) Action to Annul Judgment [Rule 47] Applies to judgments,
(3) Collateral Attack of a Judgment that is Applies to judgments
final orders and other
Void on its Face or final orders only
proceedings
Grounds:
C.1. NATURE (1) FAME; or
Ground: FAME
A legal remedy whereby a party seeks to set (2) Newly discovered
aside a judgment rendered against him by a evidence
court whenever he was unjustly deprived of a Filed:
hearing or was prevented from taking an (1) within 60 days
appeal because of fraud, accident, mistake, from knowledge of
Filed within the time
or excusable negligence (FAME). [Quelnan v. judgment; and
to appeal
VHF Phils, G.R. No. 138500 (2005)] (2) within 6 months
from entry of
A petition for relief from judgment is an judgment
equitable remedy allowed only in exceptional If denied, order
If denied, order of
cases when there is no other available or denying a petition for
denial is not
relief is not
adequate remedy. When a party has another appealable; hence,
appealable; remedy is
remedy available, either motion for new trial remedy is appeal from
appropriate civil action
or appeal, and he was not prevented by judgment
under Rule 65
FAME from filing such motion or taking such Legal remedy Equitable remedy
appeal, he cannot avail himself of this Motion need not be Petition must be
petition. [Trust International Paper Corp. v. verified verified
Pelaez, G.R. No. 164871 (2006)]
A party who has filed a timely motion for new
A petition for relief is not regarded with favor trial or motion for reconsideration can no
and judgment will not be disturbed where the longer file a petition for relief from judgment
party complaining has or by his exercising after his motion has been denied. These
proper diligence would have had an adequate remedies are mutually exclusive. It is only in
remedy at law, as where petitioner could have appropriate cases where a party aggrieved by
proceeded by appeal to vacate or modify the the judgment has not been able to file a
default judgment. [Manila Electric v. CA, G.R. motion for new trial or motion for
No. 88396 (1990)] reconsideration that a petition for relief can
be filed. [Francisco v. Puno, G.R. No. L-55694
(1981)]

C.3. WHEN PROPER


The petition can be availed of when the
judgment or final order has been entered or
when any other proceeding is thereafter
taken against the petitioner in any court
through FAME. [Sec. 1, Rule 38]

Thus, it was held that a petition for relief is


also applicable to a proceeding taken after
entry of judgment or final order such as an
order of execution [Cayetano v. Ceguerra, G.R.

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No. L-18831 (1965)] or an order dismissing an C.7. FORM OF THE PETITION


appeal [Medran v. CA, G.R. No. L-1350 (1949)] The petition must be:
(1) Verified;
C.4. WHERE FILED (2) Accompanied by an affidavit showing the
Rule 38 is not an independent action but a FAME relied upon; and
continuation of the old case. Hence, it is filed (3) Accompanied by an affidavit of merit,
with the same court and same branch which showing the facts constituting the
decided the case. petitioners good and substantial cause of
action or defense.
C.5. GROUNDS [SECS. 1-2, RULE 38]
(1) When judgment or final order is entered The absence of an affidavit of merits is a fatal
or any other proceeding is thereafter defect and warrant denial of the petition
taken against petitioner through FAME [Fernandez v. Tan Tiong Tick, G.R. No. 15877
(2) When petitioner has been prevented from (1961)]
taking an appeal by FAME
However, it is not a fatal defect so long as the
NOTE: Extrinsic fraud is that fraud which facts required to be set out also appear in the
the prevailing party caused to prevent the verified petition [Fabar Inc. v. Rodelas, G.R.
losing party from being heard on his action or No. L-46394 (1977)]
defense. Such fraud concerns not the
judgment itself but the manner in which it When Affidavit of Merit is not necessary:
was obtained. [AFP Mutual Benefit (1) When there is lack of jurisdiction over the
Association, Inc. v. RTC-Marikina City, G.R. No. defendant;
183906 (2011)] (2) When there is lack of jurisdiction over the
subject matter;
C.6. PERIOD FOR FILING [SEC. 3, (3) When judgment was taken by default;
(4) When judgment was entered by mistake
RULE 38] or was obtained by fraud; or
(1) Within 60 days after petitioner learns of (5) Other similar cases.
the judgment, final order, or other
proceeding to be set aside; AND
(2) Not more than 6 months after such
C.8. ORDER TO FILE ANSWER [SEC.
judgment or final order was entered, or 4, RULE 38]
such proceeding was taken An order to answer shall issue only if petition
is sufficient in form and substance.
These two periods must concur, are not
extendible and are never interrupted. Strct If petition is sufficient in form and in
compliance with these periods stems from substance, the court shall issue an order
the equitable character and nature of the requiring the adverse party to answer within
petition for relief. Such petition is actually the 15 days from receipt thereof.
last chance given by law to litigants to
question a final judgment or order. Failure to C.9. PROCEEDINGS AFTER ANSWER
avail of such chance, within the grace period IS FILED [SEC. 6, RULE 38]
fixed by the Rules, is fatal. [Quelnan v. VHF After filing of answer or expiration of the
Phils, G.R. No. 138500 (2005)] period therefor, court shall hear the petition.

Reckoning Points If the court finds that the allegations are not
(1) The 60-day period is reckoned from the true Petition is dismissed.
time the party acquired knowledge of the
order, judgment or proceeding. Not from If the court finds that allegations are true:
the date he actually read the same [Perez (1) It shall set aside the judgment, final order,
v. Araneta] or other proceeding complained of upon
(2) 6-months period is computed from the such terms as may be just
date of entry of the order or judgment

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(2) Thereafter, case shall stand as if such had W here Filed


never been rendered, issued, or taken Judgment, Final Judgment, Final Order
(3) The court shall then proceed to hear and Order or Resolution of or Resolution of the
determine the case as if timely motion for the RTC MTC, etc.
new trial or reconsideration has been Filed with the CA Filed with the RTC
granted by it CA has exclusive and
RTC as a court of
original jurisdiction
general jurisdiction
C.10. REMEDY FOR DENIAL OF over said action under
under Sec. 19(6) BP 129
Sec. 9(2) of BP 129
PETITION FOR RELIEF The CA may dismiss The RTC has no such
Appeal from an order denying a petition for the case outright; it discretion, it is
relief is no longer available under the present has the discretion on required to consider it
rules. whether or not to as an ordinary civil
entertain the petition action
The remedy against a denial of a petition for
relief is certiorari under Rule 65, when proper. W ho Can File
Petitioner need not be a party to the
D. ANNULMENT OF JUDGMENTS judgment sought to be annulled.
OR FINAL ORDERS AND A person who is not a party to the judgment
RESOLUTIONS may sue for its annulment provided that he
can prove the same was obtained through
D.1. NATURE fraud or collusion, and that he would be
An action for annulment of judgment is a adversely affected thereby. . [Alaban v. CA,
remedy in law independent of the case where G.R. No. 156021 (2005)]
the judgment sought to be annulled was
rendered. The purpose is to have the final and D.2. GROUNDS [SEC. 2, RULE 47]
executory judgment set aside so that there (1) Extrinsic Fraud
will be a renewal of litigation. [Alaban v. CA, A fraudulent act committed by the
G.R. No. 156021 (2005)] prevailing party outside of the trial of
the case, whereby the defeated party
W hen Proper was prevented from exhibiting fully his
The remedy may not be invoked where the side of the case by deception practiced
party has availed himself of the remedy of on him by the prevailing party [Alba v.
new trial, appeal, petition for review, or other CA, G.R. No. 164041 (2005)]
appropriate remedy and lost, or where he has Extraneous evidence is admitted
failed to avail himself of those remedies (2) Lack of Jurisdiction
through his own fault or negligence.
Either lack of jurisdiction over the
[Republic v. G Holdings, Inc., G.R. No. 141241
person of the defending party, or over
(2005)]
the subject matter of the claim
It is a condition sine qua non that one must Petitioner must show absolute lack
have failed to avail of those remedies, of jurisdiction and not mere abuse of
through no fault attributable to him. judicial discretion; a claim of grave
Otherwise, he would benefit from his own abuse of discretion will support a
inaction or negligence. [Republic v. De Castro, petition for certiorari but not an action
G.R. No. 189724 (2011)] for annulment of judgment.
Only evidence found in the record can
justify nullity
(3) Denial of Due Process
Recognized as an additional ground
based on jurisprudence.

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D.3. PERIOD TO FILE ACTION [SEC. 3, orders of MTCs before the RTC. [Sec. 10, Rule
RULE 47] 47]
Lack of
Extrinsic Fraud D.5. EFFECT OF JUDGMENT OF
Jurisdiction
Period
4 years from
Before barred by ANNULMENT [SEC. 7, RULE 47]
for laches or
discovery
Filing estoppel Based on Lack of Jurisdiction
(1) The same shall be set aside, and
There must be a manifest showing with considered null and void
petition that it was filed within the 4-yr period. (2) Aggrieved party may refile the action in
the proper court
The rule does not fix the period to annul This may involve a different court of
judgment based on lack of jurisdiction but competent jurisdiction
recognizes the principle of estoppel as first Where the reason was lack of
laid down by Tijam v. Sibanghanoy [G.R. No. jurisdiction over the defendant, the
L-21450 (1968)]. action may be re-filed in the same
original court, provided it has proper
Form and Contents of Petition [Sec. 3, jurisdiction and venue
Rule 47]
(1) Verified petition, alleging therein: Based on Extrinsic Fraud
(a) With particularity, the facts and the law (1) The same shall be set aside and
relied upon considered null and void
(b) Petitioners good and substantial cause (2) On motion of the prevailing party on
of action or defense justifiable grounds, he may be allowed to
(2) Filed following the Efficient Use of Paper no longer refile the action; instead, the
Rule trial court which rendered the questioned
(3) Certified true copy of the judgment or final judgment shall be ordered to try the case
order or resolution shall be attached to anew
the original copy of the petition
(4) Affidavits of witnesses or documents The prescriptive period for the refiling of the
supporting the cause of action or defense; aforesaid original action shall be deemed
and suspended from the filing of said original
(5) Certificate of non-forum shopping action until the finality of the judgment of
annulment. However, the prescriptive period
D.4. PROCEEDINGS shall not be suspended where the extrinsic
Two stages in the disposition of the petition: fraud is attributable to the plaintiff in the
(1) A preliminary evaluation of the petition for original action. [Sec. 8, Rule 47]
prima facie merit [Sec. 5]
The rule allows the CA to dismiss the E. COLLATERAL ATTACK OF
petition outright as in special civil
actions
JUDGMENTS
If prima facie merit is found, petition is
given due course and summons is E. 1. ATTACKING A JUDGMENT
served on respondent
(2) If prima facie merit is found, petition is Direct Attack v. Collateral Attack
given due course and issuance of Direct attack upon a judgment is an action
summons as in ordinary civil cases is made or proceeding to annul it, this being the
[Sec. 6] main object of the proceeding
Procedure in ordinary civil cases is Collateral attack upon a judgment is one
observed made to obtain relief other than the
setting aside of the judgment, the attack
NOTE: Prima facie determination is not on the judgment itself being incidental
available in annulment of judgments or final

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Collateral attack is proper only when the Attacking a Void Judgment


judgm ent on its face is null and void It may be assailed anytime, collaterally or in a
as where it is patent that the court which direct action or by resisting such judgment or
rendered said judgment has no jurisdiction final order in any action or proceeding
whenever it is invoked, unless barred by
The validity of a judgment or order of the laches. [Spouses Benatiro v. Heirs of Cuyos,
court, which has become final and executory, G.R. No. 161220 (2008)]
may be attacked in three ways:
(1) By a direct action or proceeding to annul Remedies
the same If the reglem entary period for appeal
A direct attack against the order or has not yet lapsed, some remedies are
judgment because it is not incidental to, New Trial and Reconsideration [Rule 37],
but is the main object of, the Appeal [Rules 40-45], Petition for Relief
proceeding [Rule 48], and Other Appropriate Remedies
To annul and enjoin enforcement of the such as Certiorari may also be used.
judgment, where the alleged defect is
not apparent on its face or from the If the appropriate remedies are no longer
recitals contained in the judgment available without the fault of the
See Rule 47 petitioner, the equitable and extraordinary
(2) By direct action, as certiorari, or by remedy of Petition for Annulment of
collateral attack in case of apparent nullity Judgment [Rule 47] may be resorted to.
The collateral attack must be against a
challenged judgment which is void When all else fails, there is jurisprudence to
upon its face or that the nullity of the the effect that a patently void judgment may
judgment is apparent from its own be dealt with by a Main Action for Injunction.
recitals [See Barrameda v. Moir, G.R. No. L-7927
(3) By a Petition for Relief under Rule 38 (1913)]
This third manner of attacking must be
Jurisprudential Basis
taken in the same action or proceeding
Spouses Benatiro v. Heirs of Cuyos [G.R. No.
in which the judgment or order was
161220 (2008)] and Agustin v. Bacalan [G.R.
entered
No. L-46000 (1985)] on the matter of void
judgment particularly refer to Rule 47 as a
E. 2. VOID JUDGMENT remedy against a void judgment. This
A void judgment is no judgment at all. It remedy, however, should be availed of only
cannot be the source of any right nor the when the appropriate remedies are no longer
creator of any obligation. All acts performed available without fault on the part of the
pursuant to it and all claims emanating from petitioner.
it have no legal effect. Hence, it can never
become final and any writ of execution based Although Sec. 2 of Rule 47 of the Rules of
on it is void. [Polystyrene Manufacturing v. Court provides that annulment of a final
Privatization Management, G.R. No. 171336 judgment or order of an RTC may be based
(2007)] "only on the grounds of extrinsic fraud and
lack of jurisdiction," jurisprudence recognizes
A void judgment may be likened to a lawless denial of due process as additional ground
thing which can be treated as an outlaw and therefore. [Spouses Benatiro v. Heirs of Cuyos,
slain at sight, or ignored wherever and G.R. No. 161220 (2008)]
whenever it rears its head. [Banco Espanol-
Filipino v. Palanca, G.R. No. L-11390 (1918)] A void judgment is like an outlaw
which may be slain at sight wherever
A judgment may be void for lack of due or whenever it exhibits its head. The
process of law. [Spouses Benatiro v. Heirs of proper remedy in such case, after the time for
Cuyos, G.R. No. 161220 (2008)] appeal or review has passed, is for the
aggrieved party to bring an action to enjoin

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the judgment. [Montinola v. Judge Gonzales


(1989)]
VI. Execution, Satisfaction
and Effect of Judgments
Assuming the judgment to have been void Execution is the legal remedy for the
the proper remedy was by an original enforcement of a judgment. It is not an action
proceeding and not by motion in the cause. but is included in the phrase Process in an
[Banco Espanol-Filipino v. Palanca, G.R. No. action part of the proceedings considered
L-11390 (1918)] as still pending.

A final judgment may be annulled on the Writ of Execution a judicial writ issued to
ground of lack of jurisdiction, fraud, or that it an officer authorizing and requiring him to
is contrary to law. [Panlilio v. Garcia, G.R. No. execute the judgment of the court.
L-29038 (1982)]
A. FINALITY FOR PURPOSES OF
APPEAL AND FOR PURPOSES OF
EXECUTION
A judgment is final if it disposes of the action
as distinguished from an interlocutory order
which leaves something to be done with
respect to the merits of the case, and it is
executory if the period to appeal has expired
and no appeal is taken. [Herrera]

Finality for purposes of appeal refers to


the distinction between final judgments or
orders and interlocutory orders, which
cannot be appealed. [Sec. 1(b), Rule 41]

The word interlocutory refers to something


intervening between the commencement and
the end of a suit, which decides some point or
matter but is not a final decision of the whole
controversy. [Ramiscal, Jr. v. Sandiganbayan,
G.R. No. 140756-90 (2004)]

A final judgm ent or order is one that


finally disposes of a case, leaving nothing
more to be done by the court in respect
thereto. Examples include:
(1) an adjudication on the merits which, on
the basis of the evidence presented at the
trial, declares categorically what the rights
and obligations of the parties are and
which party is in the right; or
(2) a judgment or order that dismisses an
action on the ground, for instance, of res
judicata or prescription.

Once rendered, the task of the court is ended,


as far as deciding the controversy or
determining the rights and liabilities of the
litigants is concerned. Nothing more remains
to be done by the court except to await the

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parties' next move (such as filing of a motion enforced and of the entry thereof, with notice
for new trial or reconsideration, or the taking to the adverse party.
of an appeal) and ultimately, to cause the
execution of the judgment once it becomes EXCEPTIONS:
'final and executory. Execution may Issue even if judgment not
final in the following cases:
Finality for purposes of execution (1) Support pendente lite
refers to the judgment being final and (2) Judgments of inferior courts in ejectment
executory upon the lapse of the appeal cases
period if no appeal is taken, upon which (3) Execution pending appeal
execution shall issue as a matter of right. [Sec. (4) Injunction, accounting, receivership,
1, Rule 39] support [Sec. 4, Rule 39]
(5) Decision of the RTC in appealed civil cases
A judgment becomes final and executory by under Summary Procedure, including
operation of law. Finality becomes a fact forcible entry and unlawful detainer
upon the lapse of the reglementary period to (6) Decision of the LA reinstating dismissed
appeal if no appeal is perfected. employee, insofar as reinstatement aspect
is concerned
Final AND Executory
Final Judgments
Judgments B.1. EXECUTION AS A MATTER OF
- They finally dispose RIGHT [SEC. 1, RULE 39]
of, adjudicate, or
- Judgments become A judgment becomes final and executory by
determine the rights
final and executory by operation of law, not by judicial declaration.
of the parties,
operation of law. The prevailing party is entitled as a matter of
HOWEVER, they are
not yet final and right to a writ of execution, and the issuance
- After the lapse of the thereof is a ministerial duty and compellable
executory pending
reglementary period by mandamus. [Herrera]
the expiration of the
to appeal, the
reglementary period
prevailing party is Execution as a matter of right is available in
for appeal.
entitled to a writ of two instances:
execution, and (1) No appeal has been perfected or period of
- During that period,
issuance thereof is a
the winning party appeal has expired
ministerial duty of the
cannot demand the (2) Appeal has been perfected and finally
court.
execution of the resolved
judgment yet as a
right. NOTE: Some judgments are not appealable,
e.g. Small Claims judgments, compromise
B. WHEN EXECUTION SHALL judgments, etc
ISSUE How Done
(1) If no appeal is perfected, prevailing party
GENERAL RULE: Execution shall issue as a
applies by motion for a writ of execution
matter of right, on motion, upon a judgment
(2) If an appeal has been perfected and finally
or order that disposes of the action or
resolved
proceeding upon the expiration of the period
(a) prevailing party files a motion in the
to appeal therefrom if no appeal has been
court of origin, submitting:
duly perfected.
(i) certified true copies of the
judgment/s or final order/s
If the appeal has been duly perfected and
sought to be enforced;
finally resolved, the execution may forthwith
(ii) certified true copies of the entry
be applied for in the court of origin, on
thereof; and
motion of the judgment obligee, submitting
therewith certified true copies of the (iii) with notice to the adverse party.
(b) appellate court may also direct the
judgment/s or final order/s sought to be
court of origin to issue the writ of
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execution, upon motion in the same create a substantial change in the rights
case, when the interest of justice so or relations of the parties therein which
requires. render execution of the final judgment
unjust or impossible [Lim v. Jabalde, G.R.
NOTE: Execution may only issue upon No. L36786 (1989)]
motion with notice of hearing.
B.2. DISCRETIONARY EXECUTION
GENERAL RULE: Issuance of the writ of [SEC. 2, RULE 39]
execution is a matter of right on the part of Discretionary Execution as a
the prevailing party when the judgment or Execution Matter of Right
order becomes executory. The court cannot May issue before the Period to appeal has
refuse execution. lapse of period to already lapsed and no
appeal, and even appeal is perfected, or
EXCEPTIONS: during appeal there is no appeal
The issuance of a writ of execution which Discretionary upon the Ministerial duty of the
issues as a matter of right can be countered court court
in any of the following cases: Upon showing of good Provided there are no
(1) When the judgment has already been reason for execution supervening events
executed by the voluntary compliance
thereof by the parties; Under the Rule on Discretionary Execution
(2) When a judgment has been novated by (also called execution pending appeal), the
the parties; court rendering the judgment, if it still has
(3) When a petition for review is filed and jurisdiction, may exercise discretion and order
preliminary injunction is granted; Also, execution pending appeal.
when execution of the judgment has been
enjoined by a higher court; It is the execution of a judgment or final order
(4) When the judgment sought to be executed before it attains finality. The court which
is conditional or incomplete; rendered the decision can grant an execution
(5) When facts and circumstances transpire pending appeal if it still retains jurisdiction
which would render execution inequitable over the case and is in possession of the
or unjust; records at the time of the filing of the motion;
(6) When execution is sought more than five otherwise, the motion shall be acted upon by
(5) years from its entry without it having the appellate court.
been revived;
(7) When execution is sought against property To be valid, there should be a good reason to
exempt from execution; justify execution pending appeal, stated in
(8) When refusal to execute the judgment has the order which granted it.
become imperative in the higher interest
of justice. [Riano] Mere issuance of a bond to answer for
damages is no longer considered a good
Supervening Event Doctrine reason for execution pending appeal [Planters
A supervening event can be invoked for the Products v. CA, G.R. No. 106052 (1999)]
modification or alteration of a final judgment.
This refers to: Good reasons
(1) Facts which transpire after judgment has Compelling circumstances justifying the
become final and executory; immediate execution lest judgment becomes
(2) New circumstances which developed after illusory, or the prevailing party may after the
the judgment has acquired finality; lapse of time become unable to enjoy it
(3) Matters which the parties were not aware [Fareast Bank v. Toh, G.R. No. 144018 (2003)]
of prior to or during the trial as they were
not yet in existence at that time. Examples of Good Reasons:
(4) The supervening facts or circumstances (1) Where the goods subject of the judgment
must either bear a direct effect upon the stand to perish or deteriorate during the
matters already litigated and settled or pendency of the appeal [Yasuda v. CA]

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(2) The award of actual damages is for an (2) it is in possession of either the original
amount fixed and certain [Radio record or the record on appeal.
Communications Inc. v. Lantin]. But not an
award for moral and exemplary damages After the trial court has lost jurisdiction, the
(3) Insolvency of a defeated party [Hacienda motion may be filed in the appellate court.
Navarro v. Labrador] [Bangkok Bank Public Company, Ltd. v. Lee,
(4) The prevailing party is of advanced age G.R. No.159806 (2006)]
and in a precarious state of health and the
obligation in the judgment is non- Stay of Discretionary Execution
transmissible, being for support [De Leon v. Discretionary execution may be stayed upon
Soriano] approval by the proper court of a sufficient
(5) Where defendants were exhausting their supersedeas bond filed by the party against
income and have no other property aside whom it is directed, conditioned upon the
from proceeds of the property subject in performance of the judgment or order
litigation [Lao v. Mencias] allowed to be executed in case it shall be
finally sustained in whole or in part [Sec. 3,
Discretionary Execution is not applicable in Rule 39]
the case of the Court of Appeals:
(1) The Rule on Discretionary Execution Bond may be proceeded against on motion
contemplates a situation where a with notice to surety
judgment or final order rendered in the
exercise of its original jurisdiction and the GENERAL RULE: The filing of a
prevailing party in said decision seeks supersedeas bond is sufficient to stay the
immediate execution during the pendency enforcement of a discretionary execution.
of an appeal.
(2) The CA has no authority to issue EXCEPTION: However, the filing of the
IMMEDIATE EXECUTION PENDING supersedeas bond does not entitle the
APPEAL OF ITS OWN DECISIONS judgment debtor to the suspension of
THEREIN. execution as a matter of right. Where the
(3) Discretionary execution is allowed needs of the prevailing party are urgent, the
pending appeal of judgment or final order Court can order immediate execution despite
of the trial court upon good reasons to be such supersedeas bond. [Regalado]
stated in a special order.
If judgment is reversed totally or
A judgment of the CA cannot be executed partially, or annulled
pending appeal. [Heirs of Justice JBL Reyes v. The trial court may, on motion, issue such
CA, G.R. No. 135180-81 (2000)] orders of restitution or reparation of damages
as equity and justice may warrant under the
Requisites for Discretionary circumstances
Execution:
(1) There must be a motion filed by Remedy against Discretionary
prevailing party with notice to adverse Execution
party The remedy is certiorari by Rule 65. The fact
(2) There must be a hearing of the motion for that the losing party has also appealed from
discretionary execution the judgment does not bar certiorari
(3) There must be good reasons to justify the proceedings as the appeal could not be an
discretionary execution adequate remedy from such premature
(4) These good reasons must be stated in a execution. [Hererra]
special order after due hearing

W hen Filed
The motion for discretionary execution shall
be filed with the trial court while
(1) it has jurisdiction over the case; and

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C. HOW JUDGMENT IS EXECUTED Dispositive Portion as Subject of


Execution
C.1. EXECUTION BY MOTION OR
GENERAL RULE: The dispositive portion of
INDEPENDENT ACTION [SEC. 6, the decision is that part that becomes the
RULE 39] subject of execution

Modes of Enforcement of EXCEPTIONS:


Execution (1) Where there is ambiguity, the body of the
Mode When Enforced opinion may be referred to for purposes of
Within 5 years from date of construing the judgment because the
By Motion
entry of judgment dispositive part of a decision must find
After the lapse of 5 years from support from decisions ratio decidendi
By date of entry and before it is (2) Where extensive and explicit discussion
Independent barred by statute of limitations and settlement of the issue is found in the
Action which is 10 years from date of body of the decision
entry (Art. 1144(3))
Two W hom Issued
NOTE: The revived judgment may be
enforced by motion within 5 years from date GENERAL RULE: Only real parties in
of its entry and thereafter by action before it interest in an action are bound by judgment
is barred by statute of limitations. rendered therein and by the writs of
execution
Once the judgment is revived, the 10-year
prescriptive period commences to run from EXCEPTIONS:
the date of finality of the revived judgment There are certain cases where the writ may be
and not the original judgment. [PNB v. issued against non-parties:
Bondoc, G.R. No. L-20236 (1965)] (1) One who is privy to judgment debtor can
be reached by an order of execution and
C.2. ISSUANCE AND CONTENTS OF writ of demolition [Vda. De Medina v. Cruz,
A WRIT OF EXECUTION [SEC. 8, G.R. No. L-39272 (1988)]
RULE 39] (2) Issued against one who not being
originally a party to the case submits his
Contents of the W rit of Execution interest to the court for consideration in
the same case and invites adjudication
(1) Issued in the name of the Republic from
the court which granted the motion regarding said interest [Jose v. Blue, G.R.
No. L-28646 (1971)]
(2) States the name of the court, case number
(3) Where non-parties voluntarily signed the
and title, dispositive part of judgment or
compromise agreement or voluntarily
order
(3) Requiring the sheriff or other proper
appeared before court [Rodriguez v.
officer to whom it is directed to enforce the Alikpala, G.R. No. L-38314 (1974)]
(4) Where the remedy of a person not a party
writ according to its terms
(4) In all cases, it shall also specifically state
to the case which he did not avail of, was
to intervene in the case in question
the amount of interest, cost, damages,
rents, or profits due as well as the involving rights over the same parcel of
land and said person in another case was
principal obligation
adjudged buyer in bad faith thereof [Lising
v. Plan, G.R. No. 50107 (1984)]
(5) In an ejectment case, where 3rd party
derived his right of possession from
defendant particularly when such right
was acquired only after filing of ejectment
suit [Cordova v. Tornilla, AM No. MTJ-94-
997 (1995)]

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C.3. RETURN OF WRIT OF


Rem edies against a W rit of Execution EXECUTION [SEC. 14, RULE 39]
GENERAL RULE: The execution of final Effectivity
and executory judgments may no longer be The writ shall continue to be in effect during
contested and prevented, and no appeal the period within which judgment may be
should lie therefrom. enforced by motion (5 years from entry of
judgment).
EXCEPTIONS:
Instances where errors may be committed Judgment Satisfied within 30 days
prejudicial to the rights of a party, calling for Writ of execution is returnable to the court
correction by a higher court. Examples of issuing it immediately after the judgment has
these instances are: been satisfied in part or in full.
(1) When the writ varies the judgment;
(2) When there has been a change in the Judgment Not Satisfied within 30
situation of the parties rendering days
execution inequitable; Officer shall report to the court stating the
(3) When execution is sought to be enforced reason for non-satisfaction, and shall
against property exempt from execution; continue to make a report every 30 days until
(4) When it appears that the controversy has judgment is satisfied in full or the writ expires.
never been submitted to the judgment of
the court; Form of Returns and Reports
(5) When the terms of the judgment are not The returns or periodic reports made by the
clear enough and there remains room for sheriff:
interpretation; (1) shall set forth the whole of the
(6) When it appears that the judgment has proceedings taken;
already been satisfied; (2) shall be filed with the court; and
(7) When it appears the writ has been (3) shall have copies thereof furnished to the
improvidently issued; parties.
(8) When it appears that the writ is defective
in substance;
(9) When the writ is issued against the wrong
C.4. ENTRY OF SATISFACTION OF
party; JUDGMENT [SEC. 45, RULE 39]
(10) When the writ was issued without Satisfaction of Judgment is entered by the
authority. clerk of court in the court docket and in the
execution book upon:
If motion to quash is denied, appeal from said (1) Return of the writ of execution showing
denial full satisfaction of the judgment;
(2) Filing of an admission to the satisfaction,
An order granting the issuance of the writ is executed and acknowledged in the same
not appealable, except where: manner as a conveyance of real property
(1) The order varies the terms of the judgment, by the judgment creditor or his lawyer; or
or (3) Upon indorsement of such admission by
(2) Where, being vague, the court renders the judgment creditor or his attorney on
what is believed to be a wrong the face of the record of the judgment.
interpretation
C.5. EXECUTION OF JUDGMENTS
FOR MONEY
If the award is for payment of money,
execution is enforced by:
(1) Immediate payment on demand
(2) Satisfaction by levy

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(3) Garnishment of debts and credits [Sec. 9, purposes of the prospective execution sale
Rule 39] [Llenares v. Vandevella (1966)].

IMMEDIATE PAYMENT ON DEMAND If susceptible of appropriation, the officer


rem oves and takes the property for
Procedure safekeeping; otherwise the same is placed
(1) The officer shall demand from judgment under sheriffs guards. Without valid levy
obligor the immediate payment of the full having been made, any sale of the
amount stated in the writ and all lawful property thereafter is void.
fees
(2) The judgment obligor shall pay the W hat may be levied?
amount of the judgment debt All property of the judgment obligor not
(a) Payable in Cash, Certified bank check exempt from execution.
payable to judgment obligee, or any
other form of payment acceptable to Conditions before resort to
judgment obligee Satisfaction by Levy
(i) In no case shall sheriff demand (1) If the judgment obligor cannot pay all or
that any payment by check be part of the obligation then the officer shall
made payable to him levy upon the properties of the judgment
(ii) Amount of judgment under obligor
proper receipt directly to the (2) Characteristics of properties to be levied
judgment obligee or his (a) Properties of every kind and nature
authorized representative if whatsoever
present at time of payment (b) Which may be disposed of for value
(b) If judgment obligee or his (c) Not otherwise exempt from execution
representative is present to receive
payment: Procedure
(i) Judgment obligor shall delver (1) The judgment obligor have the option to
payment to executing sheriff immediately choose which property or
(ii) Sheriff shall turn over the part thereof may be levied upon, sufficient
amounts within the same day to to satisfy judgment
the clerk which issued the writ or (2) If judgment obligor does not exercise the
deposit the amounts to a option:
fiduciary account in the nearest (a) The officer shall first levy on personal
government depository bank of properties, if any
the RTC of the locality (b) If personal properties are insufficient,
(3) The judgment obligor shall pay the lawful then on the real properties
fees handed over to the sheriff. Sheriff (3) Sheriff shall sell only sufficient portion of
shall turn over the said amount within the personal or real property of the judgment
same day to the clerk that issued the writ obligor levied upon
(4) If there is any excess it shall be delivered (4) If there is more property than is sufficient
to the judgment obligor. Lawful fees shall to satisfy judgment and lawful fees, then
be retained by the clerk sell only so much as is sufficient

SATISFACTION BY LEVY GARNISHMENT OF DEBTS AND


Levy is the act whereby a sheriff sets apart or CREDITS
appropriates for the purpose of satisfying the Garnishment is considered as a species of
command of the writ, a part or the whole of attachment for reaching credits belonging to
the judgment debtors property. the judgment debtor and owing to him from a
stranger to the litigation
Levy means the act or acts by which an officer
sets apart or appropriates a part or the whole The Officer may levy on:
of the property of the judgment debtor for (1) Debts due the judgment obligor and other
credits,
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(2) Including bank deposits, financial shall be required to deliver. Otherwise, the
interests, royalties, commissions, choice shall be made by judgment obligee
(3) And other personal property not capable (4) The garnishee shall make a written report
of manual delivery in possession and to the court within 5 days from service of
control of third parties notice of garnishment. The report shall
state whether:
The process of levying shall be called (a) Judgment obligor has sufficient funds
garnishment if the property involved is money, or credits to satisfy judgment, OR
stocks, or other incorporeal property in the (b) Judgment obligor has insufficient funds
hands of third persons. Garnishment or credits to satisfy judgment
merely sets apart such funds but does not (5) Garnish the amount which may be in cash,
constitute the creditor as owner of the or certified bank check issued in the name
garnished property. of judgment obligee
(6) Garnished amount shall be delivered
The Rules of Court themselves do not require directly to judgment obligee within 10
that the garnishee be served with summons working days from service of notice on said
or impleaded in the case in order to make him garnishee requiring such delivery
liable. All that is necessary for the trial court (7) Follow procedure under Immediate
lawfully to bind the person of the garnishee Payment on Demand with respect to
or any person who has in his possession delivery
credits belonging to the judgment debtor is (8) Lawful fees shall be paid directly to court
service upon him of the writ of garnishment.
[Perla v. Ramolete, G.R. No. L-60887 (1991)] C.6. EXECUTION OF JUDGMENTS
FOR SPECIFIC ACTS [SEC. 10, RULE
Garnishment is not a violation of RA 1405 on
the secrecy of bank deposits. [Chinabank v.
39]
Ortega, G.R. No. L-34964 (1973)]
For Conveyance of Real of Land or
Personal Property
NOTES: Upon service of the writ of
Judgment directs a party to:
garnishment, the garnishee becomes a
(a) Execute a conveyance of land or personal
virtual party or forced intervenor to the
property;
case and the trial court thereby acquires
(b) Deliver deeds or other documents; or
jurisdiction to bind the garnishee to comply
(c) Perform any other specific act in
with its orders and processes. [BPI v. Lee, G.R.
connection therewith
No. 190144 (2012)]
If the party fails to comply within the time
UPs funds, being government funds, are not
specified:
subject to garnishment. Moreover, The
(1) Court may direct the act to be done at the
execution of the monetary judgment against
cost of the disobedient party by some
the UP was within the primary jurisdiction of
other person appointed by the court; or
the COA. [UP v. Dizon, G.R. No. 171182 (2012)]
(2) If the real or personal property directed to
be conveyed is situated in the
Procedure
Philippines, court may by order divest
(1) Levy shall be made by serving notice upon:
the title of any party and vest it in others,
(a) The person owing such debts, or
which shall have the force and effect of
(b) Having in his possession or control
conveyance executed in due form.
such credits to which judgment obligor
is entitled
For Sale of real or personal property
(2) Garnishment to cover only such amount as
An order for execution shall be issued
will satisfy judgment and lawful fees
describing the property to be sold, and
(3) If there are 2 or more garnishees, holding
directing the sheriff or other proper officer to
deposits or credits sufficient to satisfy
sell it, and apply the proceeds in conformity
judgment, judgment obligor shall have
with the judgment. [Secs. 8(b), 10, Rule 39]
the right to indicate the garnishee/s who

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For Delivery or Restitution of Real Procedure


Property (1) A writ of execution shall be issued, with a
The officer shall demand of the person certified true copy of the judgment
against whom the judgment is rendered and attached.
all persons claiming rights under him to (2) Writ shall be served by the officer upon:
peaceably vacate the property within (a) The party against whom the judgment
three (3) working days, and restore is rendered; or
possession to the judgment obligee. (b) Any other person required by the
judgment or by the law to obey the
Otherwise, the officer shall oust all such same.
persons therefrom with the assistance, if (3) Failure of such party to obey is punishable
necessary, of appropriate peace officers, and by contempt.
employing such means as may be reasonably
necessary to retake possession, and place the Examples:
judgment obligee in possession of such (1) A judgment in mandamus to reinstate
property. petitioner as chief clinic of the hospital.
[Vital-Gozon v. CA (1992)]
Any costs, damages, rents or profits awarded (2) A judgment directing defendant to remove
by the judgment shall be satisfied in the a fence from a certain place is a special
same manner as a judgment for money. judgment. [Marquez v. Marquez, 73 Phil.
74]
Rem oval of improvements on property
subject of execution C.8. EFFECT OF LEVY ON THIRD
When the property subject of the execution PERSONS
contains improvements constructed or The levy on execution shall create a lien in
planted by the judgment obligor or his agent, favor of the judgment obligee over the right,
the officer shall not destroy, demolish or title and interest of the judgment obligor in
remove said improvements except: such property at the time of the levy, subject
(1) upon special order of the court, issued to liens and encumbrances then existing. [Sec.
upon motion of the judgment obligee after 12, Rule 39]
due hearing; and
(2) after the judgment obligor has failed to NOTE: The power of the court in execution
remove these within a reasonable time extends only over properties
fixed by the court. unquestionably belonging to the judgment
debtor.
Delivery of personal property
The officer shall take possession of the same
and forthwith deliver it to the party entitled to D. PROPERTIES EXEMPT FROM
it, and satisfy any judgment for money as EXECUTION
therein provided.
GENERAL RULE: Except as otherwise
C.7. EXECUTION OF SPECIAL expressly provided by law, the following
JUDGMENTS property, and no other, shall be exempt from
execution [Sec. 13, Rule 39]
W hen Proper [Sec. 11, Rule 39]
(1) The judgment obligor's family home as
A judgment requires performance of any
provided by law, or the homestead in
other act than payment of money or sale or
which he resides, and land necessarily
delivery of property.
used in connection therewith;
(2) Ordinary tools and implements personally
Such judgment is one which can only be
used by him in his trade, employment, or
complied with by the judgment obligor
livelihood;
because of his personal qualifications or
(3) Three horses, or three cows, or three
circumstances.
carabaos, or other beasts of burden, such

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as the judgment obligor may select (e) benefit payments from SSS [RA 1161, as
necessarily used by him in his ordinary amended; Sec. 16]
occupation;
(4) His necessary clothing and articles for EXCEPTION:
ordinary personal use, excluding jewelry; However, no article or species of property
(5) Household furniture and utensils mentioned in this section shall be exempt
necessary for housekeeping, and used for from:
that purpose by the judgment obligor and (1) Execution issued upon a judgment
his family, such as the judgment obligor recovered for its price, or
may select, of a value not exceeding P (2) Upon a judgment of foreclosure of a
100,000.00; mortgage thereon.
(6) Provisions for individual or family use
sufficient for four (4) months; The exemptions must be claim ed,
(7) The professional libraries and equipment otherwise they are deemed waived. It is not
of judges, lawyers, physicians, the duty of the sheriff to set off the exceptions
pharmacists, dentists, engineers, on his own initiative. [Herrera v. Mcmicking,
surveyors, clergymen, teachers, and other G.R. No. L-5329 (1909)]
professionals, not exceeding
P300,000.00 in value; E. PROCEEDINGS WHERE
(8) One fishing boat and accessories not
exceeding the total value of one hundred
PROPERTY CLAIMED BY THIRD
thousand pesos owned by a fisherman and PERSONS
by the lawful use of which he earns his Sec. 16, Rule 39 and other provisions
livelihood; providing a mode for recovering property
alleged to have been wrongfully taken by
(9) So much of the salaries, wages, or sheriff pursuant to a writ of execution or other
earnings of the judgment obligor for his process, refer to a stranger to an action.
personal services within the four (4) [Tillson v. CA, G.R. No. 89870 (1991)]
months preceding the levy as are
necessary for the support of his family; Remedies of Third-Party Claimant
(10) Lettered gravestones; (1) Summary hearing before the court which
(11) Monies, benefits, privileges, or authorized the execution
annuities accruing or in any manner (2) Terceria or third-party claim filed with
growing out of any life insurance; the sheriff [Sec. 16, Rule 39]
(12) The right to receive legal support, or (3) Action for damages on the bond posted by
money or property obtained as such the judgment creditor
support, or any pension or gratuity from (4) Independent reivindicatory action
the Government;
(13) Properties specially exempted by law, The aforementioned are cumulative remedies
such as: and may be resorted to by a third-party
(a) property mortgaged to the DBP [Sec. claimant independently of or separately from
26, CA 458]; and without need of availing of the others. [Sy
(b) savings of national prisoners deposited v. Discaya, G.R. No. 86301 (1990)]
with the postal savings bank [Act.
2489]; For a Third-Party Claim to be
(c) benefits from private retirement Sufficient:
systems of companies and (1) Must be filed by a person other than the
establishments with limitations [RA defendant or his agent, at any time before
4917]; sale
(d) laborers wages except for debts (2) Must be under oath or supported by
incurred for food, shelter, clothing and affidavit stating the claimants title to, or
medical attendance [Art. 1708, Civil right of possession of, the property, and
Code]; grounds therefor

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(3) Must be served upon the officer making acted rightly or wrongly in performance of his
levy and a copy thereof upon the judgment duties. The court does not and cannot pass
creditor upon the question of title.

The timing of the filing of the claim is E. 2. TERCERIA


important because it determines the Independent of the foregoing, a third-party
remedies available to the claimant: claimant may also avail of the remedy of
(1) If the claim is filed under Sec. 16, Rule 39: Terceria. Terceria is provided in Sec. 16, Rule
Claimant may vindicate his claim in a 39.
separate action
Intervention is no longer allowed since This is an action for damages by claimant
judgment has already been rendered against officer within 120 days from date of
(2) If the claim is filed under Sec. 14, Rule 57 filing of bond for taking or keeping the
(Attachment) or under Sec. 7, Rule 60 property subject of the terceria
(Replevin)
Claimant may vindicate his claim by Procedure
intervention as he has a legal interest (1) Claimant serves on the officer making levy
in the matter of litigation an affidavit of his title and a copy thereof
Intervention is allowed as these actions to judgment creditor
are still pending in court (2) Officer shall not be bound to keep
property
W hen to file Unless judgment creditor, or his agent,
Anytime, as long as the sheriff has the on demand of officer, posts indemnity
possession of the property levied upon, or bond not lesser nor greater than value
before the property shall have been sold of property
under execution. (3) Where a third-party claim has been filed in
due form:
Effect of Third-Party Claim Prevailing party can compel the sheriff
When a third-party claim is filed, sheriff is not to proceed by filing of a bond to answer
bound to proceed with the levy of the for damages as a consequence of the
property unless judgment creditor or latters execution
agent posts an indemnity bond against the If sheriff proceeds with the sale without
claim. such bond, he will be personally liable
for such damages as may be sustained
E. 1. SUMMARY HEARING BEFORE by and awarded to the claimant
COURT AUTHORIZING EXECUTION (4) Action against Indemnity
A third-person whose property was seized by Action against indemnity bond must be
a sheriff to answer for an obligation of a filed within 120 days from date of filing
judgment debtor may invoke the supervisory of the bond
power of the court which authorized such After lapse of 120 days, no claim for
execution damages for taking or keeping of
property may be enforced against the
Procedure bond
(1) Claimant files application
(2) Court conducts summary hearing The right of a third-party claimant to file a
(a) The court may command that the terceria is founded on his title or right of
property be released from the mistaken possession. Corollary thereto, before the
levy and restored to rightful owner or court can exercise its supervisory power to
possessor direct the release of the property mistakenly
(b) If claimants proofs do not persuade, levied and the restoration thereof to its
the claim will be denied by the court rightful owner, the claimant must first
unmistakably establish his ownership or right
The court determination is limited only to a of possession thereon. [Villasi v. Garcia, G.R.
determination of whether the sheriff has No. 190106 (2014)]
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(b) If he redeems upon a mortgage or


E.3. REINVINDICATORY ACTION other lien, a memorandum of the
The aforesaid remedies are nevertheless record thereof, certified by the Register
without prejudice to any proper action that of Deeds; or
third-party claimant may file to vindicate his (c) An original or certified copy of any
claim over the property. This action is assignment necessary to establish his
separate and independent. claim; and
(2) An affidavit executed by him or his agent
Procedure showing the amount then actually due on
(1) He must institute an action, distinct and the lien [Sec. 30]
separate from that which the judgment is
being enforced, with the court of If the lien of the creditor is prior to the
competent jurisdiction judgment under which the property was sold:
(2) No need to file a claim in the court which (1) He is not a redemptioner
issued a writ. The latter is not a condition (2) He cannot redeem since his interests in his
sine qua non for the former. lien are fully protected. Any purchaser at a
(3) In such proper action, validity and public auction takes the same subject to
sufficiency of title of claimant will be such prior lien which he has to satisfy
resolved.
(4) A writ of preliminary injunction against W hen Redemption Can be Made [Sec.
sheriff may be issued 28, Rule 39]
WHO WHEN
F. RULES ON REDEMPTION Within 1 year from date of
By the JUDGMENT
registration of certificate
DEBTOR
of sale
W hen Available
Within 1 year from date of
(1) For personal property there is NO right By FIRST
registration of certificate
of redemption as the sale is absolute REDEMPTIONER
of sale
(2) For real property right of redemption is Within 60 days from last
available BY ALL redemption
SUBSEQUENT PROVIDED that judgment
W ho May Redeem [Sec. 27, Rule 39] REDEMPTIONERS debtor has not exercised
(1) Judgment obligor, or his successor in his right of redemption
interest;
Successors-in-interest include, among In all cases, judgment debtor shall have the
others, one to whom the debtor has entire 1 year period from date of registration
conveyed his interest in the property for of sale to redeem the property. If judgment
purposes of redemption debtor redeems, no further redemption is
(2) A creditor having a lien by virtue of an allowed [Sec. 29].
attachment, judgment or mortgage on the
property sold, subsequent to the lien NOTE: There is no extension or interruption
under which the property was sold. of redemption period.
Redeeming creditors are called
redem ptioner. REDEMPTION PRICE
(1) By the Judgment Debtor or First
Unlike a judgment obligor, such Redemptioner:
redemptioner must prove his right to redeem (a) Purchase PRICE
by producing the ff. documents: (b) 1% INTEREST thereon up to time of
(1) The documents necessary to establish his redemption
right to redeem: (c) Any amount of ASSESSMENTS OR
(a) A copy of the judgment or final order TAXES which purchaser may have paid
under which he claims the right to after purchase as well as interest on
redeem, certified by the clerk of the such last named amount at the same
court wherein judgment or final order rate
was entered;
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(d) If purchaser is also a creditor having a Right of Judgment Creditor Pending


PRIOR LIEN to that of redemptioner, Redemption
other than the judgment under which (1) Apply for injunction to restrain the
such purchase was made, the commission of waste on the property
AMOUNT of such OTHER LIEN, also
with interest Rights of the Judgm ent Debtor
(2) By all Subsequent Redemptioners Pending Redemption
(a) AMOUNT paid on last redemption (1) Remain in possession of the property
(b) 2% INTEREST thereon (2) Cannot be ejected
(c) Any amount of ASSESSMENTS OR (3) Use the property in the same manner it
TAXES which purchaser may have paid was previously used
after purchase as well as interest on (4) Make necessary repairs to buildings
such last named amount at the same thereon while he occupies the property
rate (5) Use it in the ordinary course of husbandry
(d) Amount of any LIENS held by said last [Sec. 31]; and
redemptioner prior to his own, also (6) Collect rents, earning and income derived
with interest from property until the expiration of
period of redemption
If redemption is made by the Judgment
Obligor EXPIRATION OF REDEMPTION PERIOD [Sec.
(1) No further redemption is allowed 33, Rule 39]
(2) He is restored to his estate [Sec. 29, Rule Judgment obligor shall have the entire period
39] of one year from date of registration of sale to
redeem the property.
When a judgment debtor redeems the
property, what is effected is the elimination of ENTITLEMENT TO CONVEYANCE AND
the lien created by the levy on attachment or POSSESSION
judgment on the registration of mortgage (1) Of Purchaser at Auction Sale
thereon. Note that he never lost ownership so If there is no redemption made within 1
there is no recovery of ownership. year from date of registration of the
certificate of sale
Payment of redemption price may be made to (2) Of Last Redemptioner
the: If there was redemption, and 60 days
(1) Purchaser or redemptioner, or have elapsed and no other redemption
(2) For him to the officer who made the sale has been made
Notice must have been given, and the
The person to whom redemption payment is
redemption period has elapsed
made must execute and deliver to him a
CERTIFICATE OF REDEMPTION
Two Documents which the Sheriff
(1) Acknowledged by a notary public or other
Executes in case of Real Property
officer authorized to take
(1) CERTIFICATE OF SALE
acknowledgements of conveyances of real
property After auction sale, he will execute in
(2) Filed and recorded in the registry of deeds favor of the purchaser the certificate of
of the place which the property is situated sale under Sec. 25
(3) Registrar must note the record on the From registration of said certificate, the
margin of the record of the certificate of one year redemption period starts
sale Certificate of sale after execution sale is
merely a memorial of the fact of sale
RIGHTS PENDING REDEMPTION [Secs. 31-32, and does not operate as conveyance
Rule 39] (2) DEED OF CONVEYANCE
Issued if after expiration of redemption
period there is no redemption

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Operates to transfer to purchaser subpoena, to answer as a witness, or to


whatever rights the judgment debtor subscribe his deposition may be punished for
had in the property contempt. [Sec. 38, Rule 39]
The effect of a final deed of sale
transfers the right as of the time of the Lim itations
levy (1) No judgment obligor shall be required to
appear before a court or commissioner
RECOVERY OF PURCHASE PRICE IF SALE outside the province or city in which such
NOT EFFECTIVE [Sec. 34, Rule 39] obligor resides or is found. [Sec. 36, Rule
Purchaser may recover the purchase price 39]
when: (2) A judgment obligor may no longer be
(1) Purchaser or his successor-in-interest fails examined after the lapse of the five years
to recover possession the property; or within which a judgment may be enforced
(2) Evicted due to: by motion. [Umali v. Coquia, G.R. No. L-
(a) Irregularities in the proceedings 46303 (1988)]
concerning the sale;
(b) Judgment has been reversed or set Order for payment in Fixed Monthly
aside; Installments [Sec. 40, Rule 39]
(c) The property sold was exempt form Upon finding that the earning of the
execution; or judgment debtor for his personal services are
(d) A third person has vindicated his claim more than necessary for the support of his
to the property family, the court may order payment in fixed
monthly installments.
REMEDIES OF THE PURCHASER
(1) File a motion in the same action or file a The court may also, upon failure of the
separate action to recover from judgment judgment obligor without good excuse to pay
creditor the price paid any installm ent when due, punish him for
(2) File a motion for revival of judgment in his indirect contempt.
name against judgment debtor; or
(3) Bring an action to recover possession of G.2 EXAMINATION OF OBLIGOR OF
property JUDGMENT OBLIGOR
G. REMEDIES OF JUDGMENT W hen Available
CREDITOR IF JUDGMENT NOT (1) At any time after return is made, when it
SATISFIED [SECS. 36-43, RULE 39] shows that judgment remains unsatisfied
in whole or in part; and
(2) Upon proof to the satisfaction of the court
G. 1. EXAMINATION OF JUDGMENT which issued the writ, that a natural
OBLIGOR person or juridical entity has property of
the judgment obligor or is indebted to him
W hen Available
At any time after return is made, when it Procedure
shows that judgment remains unsatisfied in Court may, by an order, require such natural
whole or in part person, or any officer or member of such
juridical entity, to appear and be examined
Procedure before the court or a commissioner
Judgment Obligee entitled to an order from concerning such property or debt.
the court which rendered the judgment to
appear and be examined concerning his Attendance may be compelled by order or
property and income before the court or a subpoena. Failure to obey such order or
commissioner assigned by the court. subpoena, to answer as a witness, or to
subscribe his deposition may be punished for
Attendance may be compelled by order or contempt. [Sec. 38, Rule 39]
subpoena. Failure to obey such order or
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Effect receiver may be ordered to sell and convey


Service of order shall bind all credits due to such interest in the same manner as in a sale
judgment debtor and all money and property of real estate upon execution. [Sec. 42, Rule
in the possession or control of such person, 39]
from the time of service.
H. EFFECT OF JUDGMENT OR
Note: This is not applicable if there is no
issue concerning the indebtedness of the
FINAL ORDERS
bank and there is no denial by the depositor
of the existence of the deposit with the bank IMMUTABILITY OF JUDGMENTS
which is considered a credit in favor of the A judgment that has acquired finality
depositor against the bank [PCIB v. CA, G.R. becomes immutable and unalterable, and
No. 84526 (1991)] may no longer be modified in any respect,
even if the modification is meant to correct
W hen Alleged Obligor Denies Debt or erroneous conclusions of fact and law, and
Claims Property whether it be made by the court that
When such person claims an interest in the rendered it or by the Highest Court of the
property adverse to the judgment obligor or land. [PNB v. Spouses Maranon, G.R. No.
denies the debt, the court may issue an order 189316 (2013)]
(1) authorizing the judgment creditor to
institute an action against such person for Rationale:
the recovery of such interest or debt, and (1) to avoid delay in the administration of
(2) forbidding transfer or disposition of such justice, and procedurally to make orderly
interest or debt for 120 days. the discharge of judicial business
(2) to put an end to judicial controversies at
the risk of occasional errors
G.3 OTHER REMEDIES
ORDER FOR APPLICATION OF PROPERTY H.1 DUAL ASPECT OF RES JUDICATA
OR INCOME (1) Bar by Form er Judgm ent the
Court may order any property of judgment judgment or final order is a bar to the
debtor, or any money due him, nor exempt prosecution of ta subsequent action based
from execution, in the hands of either himself on the same claim or cause of action
or another person, to be applied to the o Described by Sec. 47, pars. (a) and (b),
satisfaction of judgment. [Sec. 40, Rule 39] Rule 39
o Also known as Estoppel by Verdict
After a writ of execution against property has (2) Conclusiveness of Judgment the
been issued, a person indebted to judgment judgment or final order precludes the
obligor may pay to the sheriff holding the writ relitigation of particular issues or facts on
the amount of his debt, or so much thereof as a different demand or cause of action
may be necessary to satisfy the judgment. o Described by Sec. 47, par. (c), Rule 39
Sheriffs receipt shall be sufficient discharge o Also known as the Rule of Auter
for the amount so paid. [Sec. 39, Rule 39] Action Pendant

APPOINTMENT OF RECEIVER BAR BY FORMER CONCLUSIVENESS OF


JUDGMENT JUDGMENT
The court may appoint a receiver for the
There is only identity of
property of judgment debtor not exempt from Requires identity of parties and subject
execution, and may also forbid disposition or parties, subject matter, matter
interference with the property. [Sec. 41, Rule and causes of action Cause of action are
39] different
Absolute Bar to: Conclusive as to
If court finds that the judgment obligor has (a) all matters directly matters directly
an interest in real estate in the place where adjudged; and adjudged and actually
proceedings are had, and such interest may (b) those that might litigated
be ascertained without controversy, the have been adjudged
Claim Preclusion Issue Preclusion
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BAR BY FORMER JUDGMENT


The judgment or decree of a court of Res Judicata in Judgments in
competent jurisdiction on the merits Personam
concludes the parties and their privies to the In other cases, the judgment or final order is,
litigation and constitutes a bar to a new with respect to the matter directly adjudged
action or suit involving the same cause of or as to any other matter that could have
action either before the same or any other been missed in relation thereto, conclusive:
tribunal. [Machoca v. Cariaga, G.R. No. (1) Between the parties and
75109-10 (1989)] (2) Their successors in interest, by title
subsequent to the commencement of the
Requisites: action or special proceeding, litigating for
(1) A FINAL judgment or order the same thing and under the same title
(2) JURISDICTION over the subject matter and in the same capacity.
and the parties by the court rendering it
(3) Judgment UPON MERITS CONCLUSIVENESS OF JUDGMENT
(4) Between the TWO CASES, there is: Any right, fact or matter in issue directly
(a) IDENTITY OF PARTIES adjudicated or necessarily involved in the
(b) IDENTITY OF SUBJECT MATTER determination of an action before a
(c) IDENTITY OF CAUSE OF ACTION competent court in which a judgment or
decree is rendered on the merits is
GENERAL RULE: For res judicata to apply, conclusively settled by the judgment therein
trial must be made on the merits of the case. and cannot again be litigated between the
parties and their privies whether or not the
EXCEPTION: Sec. 3, Rule 17 of ROC: If claim or demand, purpose or subject matter
plaintiff fails to appear at the time of the trial, of the two suits is the same. [Machoca v.
or to prosecute his action for an unreasonable Cariaga, G.R. No. 75109-10 (1989)]
length of time, or to comply with these rules
or any order of the court, the action may be Requisites:
dismissed upon motion of the defendant or (1) A FINAL judgment or order
upon the court's own motion. This dismissal (2) JURISDICTION over the subject matter
shall have the effect of an adjudication upon and the parties by the court rendering it
the merits, unless otherwise provided by (3) Judgment UPON MERITS
court. [Development Bank v. CA, G.R. No. (4) Between the TWO CASES, there is:
110203 (2001)] (a) IDENTITY OF PARTIES
(b) IDENTITY OF ISSUES
Res Judicata in Judgm ents in Rem
Judgments or final H.2 RES JUDICATA, LAW OF THE
Conclusive as to
order
Against a specific
CASE AND STARE DECISIS
Title of the thing
thing
The will or Stare Decisis - When the SC has laid down
administration. a principle of law applicable to a certain state
Probate of a will or However, the probate of of facts, it will adhere to that principle and
administration of a will or granting of apply to it all future cases where the facts are
the estate of a letters of administration substantially the same
deceased person shall only be prima facie
evidence of the death of Law of the Case - Whatever is once
the testator or intestate; irrevocably established as the controlling
in respect to the legal rule or decision between the same
personal, political, parties in the case continues to be the law of
or legal condition or Condition, status or the case whether correct on general
status of a relationship of the principles or not, so long as the facts on
particular person or person, which such decision was predicated continue
his relationship to to be the facts of the case before the court.
another
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As discussed in Ayala Corp. v. Rosa-Diana


Realty, G.R. 134284 (2000): This policy of preclusion rests on principles of
Res Law of the comity, utility and convenience of nations.
Stare Decisis
Judicata Case
The ruling Operates only As a generally accepted principle of international
law, it is part of the law of the Philippines by virtue
in one in the
of the Incorporation Clause [Sec. 2, Art. II, 1987
case is particular and
Constitution] [Regalado]
carried single case
over to where the Two Ways of Giving Effect to Foreign Judgment:
another ruling arises (1) An ordinary action to enforce the foreign
case and is not judgment may be filed in court; or
between carried into (2) It may be pleaded in an Answer or a Motion to
the same other cases as Dismiss.
parties a precedent
Once a point of EFFECT OF FOREIGN JUDGMENTS [Sec. 48,
law has been Rule 39]
The ruling established by NATURE EFFECT
adhered to in the court, that In judgments
the particular point of law will, against a Judgment is CONCLUSIVE upon
case need not generally, be specific thing (in the title to the thing
be followed as followed by the rem)
a precedent in same court and Judgment is PRESUMPTIVE
In judgments
subsequent by all courts of evidence of a right as between
against a person
parties and their successors-in-
litigation lower rank in (in personam)
interest by a subsequent title
between other subsequent
parties cases where the
In both cases, judgment may be repelled by
same legal issue evidence of:
is raised (1) Want of jurisdiction
(2) Want of notice
I. ENFORCEMENT AND EFFECT OF (3) Collusion
FOREIGN JUDGMENT OR FINAL (4) Fraud
(5) Clear mistake of law or fact
ORDERS
A foreign judgment is presumed to be valid and
PUBLIC POLICY PRINCIPLE binding in the country from which it comes, until a
A judgment by a foreign court is enforceable only contrary showing, on the basis of a presumption
within its territorial jurisdiction. of regularity of proceedings and the giving of due
notice in the foreign forum.
A valid judgment rendered by a foreign tribunal
may be recognized insofar as the immediate Before our courts can give the effect of res
parties the underlying cause of action are judicata to a foreign judgment, it must be shown
concerned so long as it is convincingly shown that: that the parties opposed to the judgment had
(1) There has been an opportunity for a fair been given ample opportunity to do so on grounds
hearing before a court of competent under Section 48 of Rule 39 of the Rules of Court.
jurisdiction [Roehr v. Rodriguez, G.R. No. 142480 (2003)]
(2) Trial upon registered proceedings has been
conducted
(3) There is nothing to indicate either a prejudice
in court and in the system of laws under which
it is sitting or fraud in procuring the judgment
[Philippine Aluminum v. Fasgi Enterprises, G.R.
No. 137378 (2000)]

Such limitation on the review of foreign judgment


is adopted in all legal systems to avoid repetitive
litigation on claims and issues, prevent
harassment of the parties and avoid undue
imposition on the courts.
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VII. Provisional Remedies jurisdiction and order the appropriate reliefs


during the pendency of an action
Nature of Provisional Remedies
Jurisdiction over Provisional
Provisional remedies are writs and processes
Remedies
available during the pendency of the action
The court which grants or issues a provisional
which may be resorted to by a litigant for the
remedy is the court which has jurisdiction
preservation or protection of their rights and
over the main action.
interests therein pending rendition, and for
purposes of the ultimate effects, of a final
Inferior courts may also grant all appropriate
judgment in the case; also known as ancillary
provisional remedies in an action pending
or auxiliary remedies.
with it and is within its jurisdiction [Sec. 33 (1),
BP 129]
They are temporary, auxiliary, and ancillary
remedies available to a litigant for the
protection and preservation of his rights while A. PRELIMINARY ATTACHMENT
the main action is pending. They are writs The provisional remedy in virtue of which a
and processes which are not main actions plaintiff or other party may, at the
and are dependent for their application the commencement of the action or at any time
existence of a principal action. thereafter, have the property of the adverse
party taken into the custody of the court as
They are applied to a pending litigation, for security for the satisfaction of any judgment
the purpose of securing the judgment or that may be recovered. [Davao Light v CA,
preserving the status quo, and in some cases G.R. No. 93262 (1991)]
after judgment, for the purpose of preserving
or disposing of the subject matter. [Calo v. Purposes
Roldan, G.R. No. L-252 (1946)] (1) To seize the property of the debtor in
advance of final judgment and to hold it
Orders granting or denying provisional for purposes of satisfying the said
remedies are merely interlocutory and cannot judgment.
be the subject of an appeal. They may (2) To enable the court to acquire jurisdiction
however be challenged before a superior over the action by the actual or
court through a petition for certiorari under constructive seizure of the property in
Rule 65. those instances where personal service of
summons on the creditor cannot be
Purpose of Provisional Remedies effected. [PCIB v. Alejandro, G.R. No.
(1) To preserve or protect litigants rights or 175587 (2007)]
interests during the pendency of the
principal action; Kinds of Attachment
(2) To secure the judgment; (1) Preliminary attachment - one issued
(3) To preserve the status quo of the the at the commencement of the action or at
things subject to the action or the relation any time before entry of the judgment as
between the parties; and security for the satisfaction of any
(4) To preserve the subject matter of the judgment that may be recovered in the
action. cases provided for by the rules;
(2) Garnishment - a kind of attachment in
Kinds of Provisional Remedies which the plaintiff seeks to subject either
(1) Preliminary Attachment [Rule 57] the property of the defendant in the hands
(2) Preliminary Injunction [Rule 58] of a third person called garnishee, to his
(3) Receivership [Rule 59] claim or the money which said third
(4) Replevin [Rule 60] person owes the defendant;
(5) Support Pendente Lite [Rule 61] (3) Levy on execution - writ issued by the
court after judgment by which the
NOTE: The enumeration above is not property of the judgment obligor is taken
exclusive. The court may invoke its equity into custody of the court before the sale of
143 OF 425
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the property on execution before the (a) Does not reside and is not found in the
satisfaction of a final judgment. Philippines; or
(b) On whom summons may be served by
A.1. GROUNDS FOR ISSUANCE [SEC. publication.
1, RULE 57] NOTE: The persons on whom summons
There are only specific situations where may be served by publication are:
preliminary attachment may issue. The (a) Residents defendants whose identity or
grounds are EXCLUSIVE: whose whereabouts are unknown [Sec.
(1) Action for recovery of a specified amount 14, Rule 14]
of money or damages, except moral and (b) Resident defendants who are
exemplary, temporarily out of the country [Sec. 16,
(a) On a cause of action arising from law, Rule 14]
contract, quasi-contract, delict, or
quasi-delict A.2 REQUISITES FOR ISSUANCE
(b) Against a party who is: (1) The case must be any of those where
(i) about to depart from the preliminary attachment is proper [Sec. 1,
Philippines Rule 57]
(ii) with intent to defraud his (2) Applicant must file a motion, whether ex
creditors; parte or with notice and hearing
(2) Action for money or property, embezzled (3) Applicant must file an affidavit showing
or fraudulently misapplied or converted to the required facts
his own use by either: (4) Applicant must post a bond executed to
(a) A public officer; adverse party
(b) An officer of a corporation;
(c) An attorney, factor, broker, agent, or A writ of preliminary attachment is too harsh
clerk, in the course of his employment a provisional remedy to be issued based on
as such; or mere abstractions of fraud. Rather, the rules
(d) Any other person in a fiduciary capacity, require that for the writ to issue, there must
or for a willful violation of duty; be a recitation of clear and concrete factual
(3) Action to recover the possession of circumstances manifesting that the debtor
property unjustly or fraudulently taken, practiced fraud upon the creditor at the time
detained or converted, of the execution of their agreement in that
(a) When the property, or any part thereof, said debtor had a preconceived plan or
has been concealed, removed, or intention not to pay the creditor. [Equitable v.
disposed of to prevent its being found Special Steel, G.R. No. 175350 (2012)]
or taken by the applicant or an
authorized person; A.3 ISSUANCE AND CONTENTS OF
NOTE: The rule makes no distinction ORDER OF ATTACHMENT
between real and personal property
[Riano] W hen Applied For
(4) Action against a party who has been guilty A preliminary attachment may be applied for
of a fraud in contracting the debt or (1) At the commencement of the action; or
incurring the obligation upon which the (2) At any time before the entry of judgment.
action is brought, OR in the performance
thereof; W ho may apply
NOTE: The delivery of counterfeit money It may be applied for by the plaintiff or any
or knowingly issuing a bounced check are proper party (including a defendant who filed
considered as grounds under this rule a counterclaim, cross-claim, or a third party
[Riano] complaint).
(5) Action against a party who:
(a) has removed or disposed of his
property, or is about to do so,
(b) with intent to defraud his creditors
(6) Action against a party who:
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Methods to Procure Preliminary A.3. AFFIDAVIT AND BOND [SECS.


Attachment 3-4, RULE 57]
(1) Writ may be prayed for in the complaint For the writ to issue, the applicant must
itself providing the allegations warranting submit an affidavit and post bond. The
its issuance affidavit and bond required must be duly filed
(2) May be issued pursuant to a separate with the clerk before order issues.
motion for attachment whenever the writ
is not prayed for in the original complaint Construction of rules for issuance of
writ:
Three Stages in the Grant These are strictly construed against the
(1) Court issues the order granting the applicant, such that if the requisites for its
application grant are not shown to be all present, the
(2) Writ of attachment issues pursuant to the court shall refrain from issuing it, otherwise,
order granting the writ the court which issues it acts in excess of its
(3) The writ is implemented jurisdiction. [Wee v. Tankiansee, G.R. No.
171124 (2008)]
NOTE: For the initial two stages, it is not
necessary that jurisdiction over person of A general averment in the affidavit is
defendant be first obtained. However, once insufficient to support the issuance of the writ.
implementation of writ commences, court In averring fraud under Sec. 1, Rule 57, the
must have acquired jurisdiction over the affidavit must contain:
defendant for without such jurisdiction, the (1) such particulars as to how the fraud was
court has no power or authority to act committed
[Cuartero v. CA, G.R. No. 102448 (1992)] (2) statements of factual circumstances to
show that respondent, at the time of
Issuance of the Order contracting the obligation, had a
(1) The order may be issued either:
preconceived plan or intention not to pay.
(a) Ex parte (service of summons to
[Wee v. Tankiansee, G.R. No. 171124
defendant required) (2008)]
(b) Or upon motion with notice and
hearing Contents of the Affidavit
(2) The order is issued by the court in which
The affidavit must establish that:
the action is pending or the CA, or the SC (1) A sufficient