Civil Procedure Reviewer

Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE

Notes by: Paul Lemuel E. Chavez
CIVIL PROCEDURE NOTES 1. 1987 Constitution

2. BP 129 (Judiciary Reorganization
PRELIMINARIES Act of 1980) as amended by
RA7691 (Act expanding the
Remedial Law jurisdiction of MTCs, MuTCs, MCTCs
3. Rules of Court
Branch of law which prescribes the 4. Supreme Court Administrative
method of enforcing the rights or Matters and Circulars
obtaining redress for their 5. Supreme Court decisions
invasions 6. New Civil Code
7. Family Code
8. Local Government Code (RA 7160),
particularly the Katarungang
Remedial Law vs Substantive Law Pambarangay Law
9. Special Laws and amendments
Substantive Law Remedial Law 10.Rules of Procedure on Small Claims
11.Revised Manual of the Clerk of
Part of the law Refers to the
Court
which creates, legislation providing
defines, or means or methods
regulates rights whereby causes of
concerning life, action may be Differentiate: Civil Actions, Special
liberty, or property effectuated, wrongs Proceedings, Criminal Actions
or the powers of redressed, and relief
agencies or obtained (adjective Special Criminal Civil
instrumentalities for law) Proceedin Procedure Action
the administration gs
of public affairs
A remedy The State A party
Makes vested rights Has no vested by which a prosecutes sues
possible rights party seeks a person another for
to establish for an act the
Prospective in Governs rights and a status, a or omission enforceme
application transactions which right, or a punishable nt or
took place particular by law protection
(retroactive) fact (Rule 1 (Rule 1 of a right,
S3c) S3b) or the
Cannot be enacted SC is expressly
prevention
by SC empowered to
or redress
promulgate
of a wrong
procedural rules A
proceeding
wherein a
person is A civil
prosecuted action may
by the be ordinary
State for or special.
acts or (R1 S3a)
omissions
committed
in violation
4 Main Divisions of Remedial
of penal
Law:
laws, and
1. Civil Procedure (Rules 1-71) to impose
2. Special Proceedings (Rules 72-109) the
3. Criminal Procedure (R110-R127) correspondi
4. Rules on Evidence (Rules 128-134) ng penalty
provided
for by
What are the sources of Remedial penal laws
Law?
Governed Governed Both are
1
by special by the governed branch or instrumentality of the

rules, and Revised by the government.
in the Rules of Rules for
absence of Criminal ordinary
special Procedure civil
What are those other Courts as may
provisions, actions,
be established by Law?
the rules subject to
provided specific Sandiganbayan
for in rules Family Courts (RA 8369)
ordinary prescribed Court of Tax Appeals
civil for a Sharia Court
actions special civil
shall be, as action (R1
far as S3a) A3 S1
practicable
, apply No person shall be deprived of life, liberty,
suppletory or property without due process of law,
(R72 S2) nor shall any person be denied the equal
protection of the laws.
May Involves Involves 2
involve the State or more
only one against the parties
party accused A3 S9—(Basis of Rule 67)
Initiated by Initiated by Initiated by Private property shall not be taken for

petition complaint complaint, public use without payment of just
(but filed in or, in some compensation
court by special civil
Information actions, by
) petition
A6 S30
Except Based on Based on a
No law shall be passed increasing the
Habeas an act or cause of
appellate jurisdiction of the SC as provided
Corpus, omission action
in this Constitution without its advice and
NOT based punishable
concurrence.
on a cause by law
of action
A8 S5 P1
The Supreme Court shall have the

following powers:
- Exercise original jurisdiction over

cases affecting:
CONSTITUTIONAL PROVISIONS o Ambassadors
Relating to CIVIL PROCEDURE o Other public ministers and
consuls
A8 S1 - Over petitions for
o Certiorari
Judicial Power shall be vested in one o Prohibition
Supreme Court and in such lower courts as o Mandamus
may be established by law. o Quo warranto
o Habeas corpus
Judicial Power includes the duty of the
courts of justice to settle actual
controversies involving rights which are
A7 S4
legally demandable and enforceable, and
to determine whether or not there is grave The Supreme Court en banc shall be the
abuse of discretion amounting to lack or sole judge of all contests relating to the
excess of jurisdiction on the part of any election, returns, and qualification of the
2
President or Vice President, and may

promulgate its rules for the purpose.
A8 S5 P5 (basis of Rules of Court)
The SC shall have the power to

A7 S18 promulgate rules concerning:
The Supreme Court may review, in an 1. Protection and enforcement of

appropriate proceeding filed by any constitutional rights
citizen, the sufficiency of the factual basis 2. Pleading, practice, procedure in all
of the proclamation of martial law or the courts
suspension of the privilege of the writ or 3. Admission to practice of law
4. Integrated Bar
the extension thereof, and must
5. Legal assistance to the
promulgate its decision thereon within 30
underprivileged
days from its filing.
Such rules shall (Limits to SC-rule
making power):
A8 S5 P2—(Basis of Rule 56)
1. Provide simplified and inexpensive
- Review procedure for speedy disposition of
- Revise cases
- Reverse 2. Shall be uniform for all courts of
- Modify the same grade
- Affirm 3. Shall not diminish, increase, modify
o On appeal or certiorari, as substantive rights.
the law or the Rules of Court
may provide, final Rules of procedure of special court and
judgments and orders of quasi judicial bodies shall remain effective
lower courts in: unless disapproved by the SC
1. All cases in which constitutionality

or validity of any
a. treaty, A8 S2
b. international or executive
The Congress shall have the power to
agreement
c. law define, prescribe, and apportion the
d. presidential decree jurisdiction of the various courts but may
e. proclamation not deprive the SC of its jurisdiction over
f. order cases enumerated in S5 thereof.
g. instruction
h. ordinance No law shall be passed reorganizing the
i. regulation Judiciary when it undermines security of
i. is in question tenure of its members.
2. all cases involving the legality of
any
a. tax A3 S16
b. impost
c. assessment All persons shall have the right to speedy
d. toll disposition of cases before before all
e. any penalty imposed in
judicial, quasi judicial, administrative
relation thereto
bodies.
3. all cases in which the jurisdiction of
any lower court is in issue
A8 S14—(basis for Rule 36)
4. all criminal cases in which the
penalty imposed is reclusion No decision shall be rendered by any court
perpetua or higher without expressing therein clearly and
distinctly the facts and the law on which it
5. all cases in which only an error or
is based.
question of law is involved
3
No petition for review or motion for Not a ground for A ground for motu
reconsideration of a decision of the court motu proprio proprio dismissal
shall be refused due course or denied dismissal, except in
without starting the legal basis therefor. Summary Procedure
A9A S7 (basis of Rule 64) General Jurisdiction

Power to adjudicate all
Each Commission shall decide by majority controversies except those
of all its Members in any case or matter expressly withheld from the
brought before it within 60 days from date plenary powers of the court.
of its submission for decision or resolution.
A case or matter is deemed submitted for It extends to all controversies
decision or resolution upon the filing of the which may be brought before a
last pleading, brief, or memorandum court within the legal bounds of
required by the rules of the Commission or rights and remedies.
by the Commission itself. Unless
Special or Limited Jurisdiction
otherwise provided by this Constitution or
One which restricts the court’s
by law, any decision, order, or ruling of
jurisdiction only to particular cases
each Commission may be brought to the
and subject to such limitations as
SC on certiorari by the aggrieved party
may be provided by the governing
within 30 days from receipt of a copy
law.
thereof.
It is confined to particular causes,
or which can be exercised only
CIVIL PROCEDURE PROPER under the limitations and
circumstances prescribed by the
Jurisdiction statute
Authority of the court to hear and Appellate Jurisdiction

decide a case and to implement Power and authority conferred
its decision upon a superior court to rehear and
determine causes which have been
tried in lower courts, the
cognizance which a superior court
Rule 30 Rule 36 takes of a case removed to it, by
appeal or writ of error, from the
decision of a lower court or the
Rule 39 review by a superior court of the
final judgment or order of some
lower courts
Venue Jurisdiction Concurrent / Confluent /

Coordinate Jurisdiction
Place where action Power of court to Power conferred upon different
is instituted hear and decide a courts, whether of the same or
case different ranks, to take cognizance
at the same stage of the same case
May be waived Jurisdiction over
in the same or different judicial
subject matter and
territories
over nature of
action are conferred E.g. CA, SC, Sandiganbayan, RTC-
by law and cannot in HC cases, Writ of Amparo, Writ of
be waived Habeas Data
Procedural Substantive
Original Jurisdiction
Power of the court to take judicial
May be changed by Cannot be subject
cognizance of a case instituted for
written agreement of the agreement of
judicial action for the first time
of the parties the parties
under conditions provided by law
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and appellate jurisdiction, or the Doctrine of Primary Jurisdiction

authority of a court higher in rank
to re-examine the final order or courts will not resolve a
judgment of a lower court which controversy involving a question
tried the case or elevated for which is within the jurisdiction of
judicial review. It is jurisdiction an administrative tribunal,
conferred upon or inherent in the especially where the question
first instance demands the exercise of sound
administrative discretion requiring
Jurisdiction conferred by law and special knowledge and experience
filed at the first instance (NOTE: all of said tribunal in determining
civil actions) technical and intricate matters of
fact
Exclusive Jurisdiction
Power to adjudicate a case or courts shall not take cognizance of
proceeding to the exclusion of all a case unless it has been decided
other courts at that stage at the administrative level
Jurisdiction of the court to the

exclusion of all other courts
Coordinate Jurisdiction
(same as Concurrent Jurisdiction)
Power conferred upon different
Exclusive Original Jurisdiction courts, whether of the same or
Power of the court to take judicial different ranks, to take cognizance
cognizance of a case instituted for at the same stage of the same case
judicial action for the first time to in the same or different judicial
the exclusion of all other courts territories
Territorial Jurisdiction
Refers to geographical area within
which the court’s powers can be Ancillary Jurisdiction
exercised Power of the courts to settle issues
In civil cases, assumes importance which are incidental to main issue
in case of venue of real or mixed
action
In criminal cases, consideration of
territory and locus of crime
determine venue and jurisdiction
Appeal by Petition for
Territorial jurisdictions: Certiorari Certiorari
SC and CA Rule 45 Rule 65

National
Petition is based on Petition is based on
RTC
Regional jurisdiction questions of law questions of
Inferior courts jurisdiction, whether
Territorial jurisdiction as defined by the lower court
SC in BP129 acted without
jurisdiction or in
*Power of tribunal considered with excess of
reference to the territory within which it is jurisdiction or with
to be exercised. grave abuse of
discretion
Mode of appeal Mode of review /

Delegated Jurisdiction
SPECIAL CIVIL
The grant of authority to inferior
ACTION
courts to hear and determine
cadastral and land registration Involves review of Directed against
cases under certain conditions the judgment award interlocutory order
or final order on the of the court or
merits where there is no
5
appeal or any plain, Original Jurisdiction of the Supreme

speedy, or Court:
adequate remedy
A8 S5 P1- (Rule 56)
Filed within 15 days Filed not later than
from notice of 60 days from notice The SC shall have exclusive original
judgment, final of judgment, order, jurisdiction over cases involving:
order, or resolution or resolution sought
1. Ambassadors
appealed from to be reviewed
2. Other public ministers and consuls
Stays judgment or Unless a writ of 3. Over petitions for:
final order appealed preliminary
from injunction or
temporary a. Certiorari
restraining order is b. Prohibition
issued, the petition c. Mandamus
does not stay the d. Quo warranto
e. Habeas corpus
challenged
proceeding
Appellate Jurisdiction of the Supreme

Appellant and Judge, court, quasi Court:
appellee are judicial agency,
A8 S5 P2
original parties to tribunal,
the action, and the corporation, board The SC may review, revise, reverse,
lower court or quasi or officer or person modify, or affirm on appeal or certiorari,
judicial agency is are public as the law or the Rules of Court may
not impleaded respondents who provide, final judgments and orders of
are impleaded in lower courts in:
the action
1. All cases in which the
Motion for Motion for constitutionality or validity of any
reconsideration is reconsideration or treaty, internation or executive
not required for new trial is agreement, law, presidential
required; if a motion decree, proclamation, order,
for reconsideration instruction, ordinance, or regulation
or new trial is filed, is in question
the period shall not
only be interrupted 2. All cases involving the legality of
but another 60 days any tax, impost, assessment or toll,
shall be given to or any penalty imposed in relation
petitioner (SC thereto
Admin Matter 02-
03) 3. All cases in which the jurisdiction of
any lower court is in issue
Court is in exercise Court exercises
of its appellate original jurisdiction 4. All criminal cases in which the
jurisdiction and penalty imposed is reclusion
power of review perpetua or higher (WITHIN THE
SCOPE OF CRIMINAL PROCEDURE-
Petition shall be Petition shall be RULE 45)
filed with the filed with the RTC,
Supreme Court CA, Sandiganbayan, 5. All cases in which only an error or
Comelec question of law is imposed
1 and 2- PURE QUESTIONS OF LAW
JURISDICTION
SUPREME COURT Administrative Supervision of the

Supreme Court:
6
1. Over court personnel JURISDICTION (via Petition for

2. Over Justices Review)
3. Over Judges
4. Practice of Law 3. Rule 43- Exclusive appellate
5. Members of the Integrated Bar jurisdiction over all final judgments,
resolution, orders, or awards of
quasi judicial agencies,
CA decisions instrumentalities, boards, or
commissions (via Petition for
- Appealable to SC under Rule 45 Review)
R45 S1- a party desiring to appeal by

certiorari from a judgment or final order or RTC
resolution of the Court of Appeals may file
with the SC a verified petition for review Exclusive Original Jurisdiction:
on certiorari. The petition shall raise only 1. In all actions in which the subject of
questions of law which must be distinctly
litigation is incapable of pecuniary
set forth. estimation
2. Actions which cannot be quantified

into monetary estimation
Note that questions of law can be raised
Subject matter (BP129)
before the CA (BP129)
3. In all civil actions which involve
title to or possession of real
COURT OF APPEALS property or any interest therein,
where assessed value of property
Original jurisdiction / Original involved exceeds 20k OMM or in
Concurrent Jurisdiction MM, value of property involved
exceeds 50k
Original jurisdiction to issue writs of: Except actions of FE and UD of
lands and buildings, original
- Mandamus
jurisdiction of which is conferred
- Prohibition
- Certiorari with MTC, MuTC, MCTC
- Habeas corpus
- Quo warranto 4. In all actions in admiralty and
- Auxiliary writs and processes, maritime actions where demand or
o Whether or not in aid of its claim exceeds 300k OMM or
appellate jurisdiction exceeds 400k MM
5. In all matters of probate, testate or

intestate, where gross value of
Exclusive Original Jurisdiction: estate exceeds 300k OMM or
exceeds 400k MM
Exclusive original jurisdiction over
the actions for annulment of Gross value- assessed value of property of
judgments of RTCs deceased before deduction (NOT market
value)
Appellate Jurisdiction: 6. In all actions involving the contract

of marriage and marital relations
1. Rule 41- over RTC decisions in the
exercise of its ORIGINAL 7. In all cases not within the exclusive
JURISDICTION (via Notice or Record jurisdiction of any court, tribunal,
of Appeal) person or body exercising
jurisdiction of any court, tribunal,
- RTC jurisdiction, first instance,
person or body exercising judicial
including Special Civil Actions
or quasi judicial functions
2. Rule 42- over RTC decisions in the
(refer to 902-A below)
exercise of its APPELLATE
7
officers or managers of such

8. In all civil actions and special corporations, partnerships, or
proceedings falling within Exclusive associations
original jurisdiction of a Juvenile
and Domestic Relations Court and 4. Petitions of corporations,
of the Court of Agrarian Relations partnerships or associations to be
as now provided by law declared in the state of suspension
of payments, in cases where the
9. In all other cases in which the corporation, partnership or
demand, exclusive of interest, association possesses sufficient
damages of whatever kind, property to cover all its debts but
attorney’s fees, litigation expenses, foresees the impossibility of
and costs or the value of property meeting them when the
in controversy exceeds 300k OMM respectively fall due or in cases
or exceeds 400k MM where the corporation, partnership
or association has no sufficient
1996 Bar- Gross value is 200k, property
assets to cover its liabilities, but is
located in Pampanga. What is the under management of a
jurisdiction and venue?
rehabilitation receiver or
management committee
MTC of the place of decedent’s actual
residence at the time of his death, if a
resident of the Philippines. If a non
resident, then the MTC of the place where Concurrent Original Jurisdiction:
his estate is located.
With SC, CA, -- over petitions for certiorari,
mandamus, prohibition, quo warranto,
habeas corpus
(RA8799 S5.2 as amended by PD902-A)-
exclusive and original jurisdiction of the
RTC to hear and decide following cases:
Appellate Jurisdiction:
1. Cases involving devices or Over all cases decided by MTCs, MuTCs,

schemes employed by or any acts MCTCs in their respective territorial
of the board of directors, business jurisdictions
associates, its offices or
partnership, amounting to fraud or
misrepresentation which may be
MTC
interest of the public and/or of the
stockholders, partners, members of (note: baligtarin ang RTC jurisdiction,
associations or organizations below 20-50, 300-400)
registered with the Commission
Ordinary Civil Actions:
2. Controversies arising out of
intracorporate or partnership 1. exclusive original jurisdiction over
relations, between and among civil actions and probate
stockholders, members or proceedings, testate and intestate,
associates, between any and all of including grant of provisional
them and the corporation, remedies in proper cases, where
partnership, or association of which the value of the personal property,
they are stockholders, members or estate or amount of the demand
associates respectively, and does not exceed 300k OMM or
between such corporation, 400k MM exclusive of interest,
partnership or association and the damages, of whatever kind, AF,
state insofar as it concerns their litigation expenses and costs, the
individual franchise or right to exist amount of which must be
as such entity specifically alleged. Provided, that
interest, damages of whatever
3. Controversies in election or kind, AF, litigation expenses, and
appointment of directors, trustees, costs shall be included in the
8
determination of the filing fees. recovered. Where AF are awarded,

Provided further that where there the same shall not exceed 20k
are several claims or causes of
actions between the same or 2. All other civil cases, except probate
different parties, embodied in the proceedings, where the total
same complaint, the amount of amount of the plaintiff’s claim does
demand shall be the totality of the not exceed 100k OMM or 200k MM
claims in all the causes of action, exclusive of interests and costs (as
irrespective of whether the cause amended by AM 2-11-9-SC)
of action arose out of same or
3. Civil cases not higher than 100k-
different transactions
Subject to the Rule on Small Claims
2. exclusive original jurisdiction over
cases of forcible entry or unlawful What if, gumitna? 150k?
detainer, provided that when, in
such cases, defendant raises Higher than 100k OMM, then subject to
questions of ownership in his Regular Proceedings in MTC
pleadings and the question of
possession cannot be resolved BUT, below 200k MM, hence, in such case,
without deciding the issue of subject to Summary Procedure pa rin
ownership, the issue of ownership
shall be resolved only to determine
the issue of possession (see: Why the need to discuss jurisdiction?
Summary Procedure)
To know whether subject to Motion to
3. exclusive original jurisdiction in all Dismiss (Rule S1b), that the court has no
civil actions involving title to or jurisdiction over the subject matter of the
possession of property or any case
interest therein where assessed
value of property or interest therein
does not exceed 20k OMM or does
not exceed 50k MM exclusive of In Civil Procedure, SC-CA-RTC-MTC
interest, damages of whatever
In Criminal Procedure, SC-CA-
kind, AF, litigation expenses, costs.
SANDIGANBAYAN-RTC-MTC
Provided that in cases of land not
declared for taxation purposes, the
value of such property shall be
determined by assessed value of Commencement of a Civil Action:
adjacent lots
R1 S5
4. civil cases where the demand does
not exceed 300k or not more than Civil action is commenced by the filing of
400k MM the original complaint in court and
payment of the requisite docket fees. If
5. over actions involving personal an additional defendant is impleaded in a
property valued at not more than later pleading, the action is commenced
300k OMM or not more than 400k with regard to him on the date of filing of
MM such later pleading, irrespective of
whether the motion for its admission, if
6. admiralty and maritime cases necessary, is denied by the court.
where the demand or claim does
not exceed 300k OMM or does not
exceed 400k MM
DOCKET FEES- needed to acquire
jurisdiction over the case
Summary Procedure:
1. All cases of FE and UD, irrespective Jurisdiction over plaintiff

of the amount of damages or
unpaid rentals sought to be
9
By filing of original complaint in a wrong (R1 person who

court plus payment of requisite S3) has
docket fees committed
delict or
wrong
against him
Jurisdiction over defendant
Reason for Remedy or
By voluntary appearance or service
the action means
of summons
afforded or
the
consequent
Jurisdiction over subject matter relief
Conferred by law Formal Remedial

statement of right given
operative to a person
facts that because of
Jurisdiction over the issue give rise to occurrence
a remedial of the
Determined by allegations in the
right alleged facts
complaint
Matter of A matter of
procedure right and
Jurisdiction over the res and depends on
depends on substantive
By actual or constructive seizure of the law
property by way of attachment or pleadings
execution filed by the
parties
Not affected Affected by

Action, Cause of Action, Right of Action by affirmative
(Simplified Version) affirmative defenses
defenses
Action Cause of Right of
(fraud,
Action Action
prescription,
Suit to Act or Remedial estoppel,
enforce omission by right to file a etc)
one’s right which a suit based
or for the party on cause of
prevention violates a action
or redress of right of
a wrong another Kinds of actions:
1ST GROUP: for purposes of venue under

Rule 4
Original Distinctions:
Real Action
Action Cause of Right of
Action Action - Actions affecting title to or
possession of real property (A415
Suit filed in Act or Remdial NCC in consideration)
court for omission by right or right - Venue: R4 S1
enforcemem which a to relief
t or party violate granted by Personal Action
protection of a right of law to a
a right, or another (R2 party to - Involves privity of
the S2) institute an contract/personal property (A416-
prevention action 417 of NCC in consideration)
- Venue: R4 S2
or redress of against a
10
Mixed Action directly over a

particular
- Action affecting title to or property to
possession of real property + an obligation
Privity of Contract or lien
- Venue: R4 S1
burdening it
Judgment is Judgment is Judgment is

binding on bonding binding
2ND GROUP: for purposes of determining
the whole only upon upon
jurisdiction/service of summons
world the parties particular
Action In Rem impleaded persons
or their
- Action which binds the whole world successors
Note: all Special Proceedings are in in interest
rem actions
- Summons/notification by Examples: Examples: Examples:
PUBLICATION
Action in Personam Probate Action for Action for

proceeding, specific partition
- Action which binds the parties performance
Action Quasi In Rem cadastral Action to

proceeding, Action for foreclose
- Action which binds interests breach of real estate
o Foreclosure of mortgage
contract mortgage
o Partition
o Attachment special
o Any interest or lien on real proceedings
property
Real Action Personal Mixed

Action in Action in Action Action Action
rem personam Quasi in
Rem Ownership Personal Both real
or property is and personal
Directed Directed Directed possession sought to be properties
against the against against of real recovered or are involved
thing itself particular particular property is where
persons persons involved damages for
breach of
Jurisdiction Jurisdiction Jurisdiction contract are
over person over person over the sought
of defendant of defendant person of
is not is required the Founded on Founded on Founded on
required defendant is privy of real privity of both
not required estate contract
as long as
jurisdiction Filed in the Filed in the Filed in the
over the res court where court where court where
is acquired the property the plaintiff the property
or any part or any of the or any part
A An action to A thereof is plaintiffs thereof is
proceeding impose a proceeding situated (R4 resides, situated (R4
to determine responsibilit to subject S1) where S1)
the state or y or liability the interest defendant or
condition of upon a of a named any of the
a thing person defendant defendants
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resides, or in real actions shall actions govern (?)

case of non govern (R4 S1)
resident
defendant,
where he
Real Action In rem action
may be
found, at Ownership or Action directed
election of possession of real against the thing
plaintiff (R4 property is involved itself
S2)
Filed in court where Not necessarily;
Example: Example: Example: property or portion depends on whether
thereof is situated the action is real,
personal, mixed
Accion Action for a Accion A proceeding A proceeding to
reivindicator sum of publiciana founded on privity determine state or
ia money with a claim of real estate condition of a thing
for damages
Judgment may bind Judgment is binding
whole world, or upon the whole
particular persons, world
Personal Action Action in
depending on
personam
whether in rem, in
Personal property is An action directed personam, quasi in
sought to be against particular rem
recovered or where persons, may be
damages for breach real action, personal
of contract are action, mixed action PLEADING (R6 S1)
sought
Sworn written statements of the
Founded on privity Not necessarily; respective claims and defenses of
of contract because the action the parties submitted to the court
may also be real or for appropriate judgment
mixed
Filed in court where R4 S1 or R4 S2 may

plaintiff or any of govern, depending Complaint (R6 S3)
defendants reside, on whether the
at option of plaintiff action is real action The complaint is the pleading
(R4 S2) or personal action alleging the plaintiff’s cause or
causes of action.
Mixed Action Quasi In Rem

Action Answer (R6 S4)
Both real and Both real and Pleading in which a defending party
personal properties personal properties sets forth his defenses
are involved may also be
involved
Founded on both Action directed INITIATORY PLEADING

privity of real estate against particular
and privity of persons, but A pleading that initiates an action
contract jurisdiction over
defendant is not
required as long as RESPONSIVE PLEADING
jurisdiction over the
res is acquired A pleading that responds to
allegations in the adverse party’s
Rules on venue of Rules on personal pleading
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Reply
Answer to counter counter claim
Initiatory Pleadings Answer to counter cross claim
Original complaint
Permissive counterclaim
Cross claim A motion IS NOT A PLEADING
Third party complaint
4th party complaint A position paper IS NOT A PLEADING
Complaint in intervention
Petition A memorandum IS NOT A PLEADING
In special civil actions
In special proceedings Why?
Counter counter claim
Counter cross claim Motion is an application for relief other
than by a pleading (R15 S1)
Counter Counter Counter Cross
Claim Claim Position Paper and Memorandum only
narrate facts of the case, issues, no cause
Any claim which Any claim which a of action, no defenses, but only contain
defending party in a defending party in a discussions
counterclaim may cross claim may
have against the have against the
original original cross
counterclaimant claimant Initiatory Responsive
Pleading Pleading
COMPULSORY- Can be an initiatory
Arises out of or is pleading, if A pleading that A pleading that
necessarily permissive initiates an action responds to
connected with the allegations in the
transaction or adverse party’s
occurrence that is pleading
the subject matter
of the opposing
party’s claim Original Answer to
complaint original
complaint
Permissive
PERMISSIVE- does
counterclai Answer to
not arise of or is
m permissive
necessarily
counterclaim
connected with the Cross claim
transaction or Answer to
occurrence that is Third party third party
the subject matter complaint complaint
of the opposing
party’s claim 4th party Answer to
complaint fourth party
complaint
Complaint
in Answer to
interventio complaint in
n intervention
Responsive Pleadings Petition Comment or
objection to
Answer to original complaint petition
Answer to permissive counterclaim In special civil
Answer to third party complaint actions
Answer to fourth party complaint
Answer to complaint in intervention Compulsory
Comment or objection to petition counterclaim
Compulsory counterclaim In special
13
proceedings General Rule with respect to

Reply Barangay Conciliation Proceedings:
Counter Answer to S412, LGC

counter counter
claim counter claim No complaint, petition, action or
proceedings involving any matter within
Counter Answer to authority of the Lupon shall be filed or
cross claim counter cross instituted directly or indirectly in court or
claim in any other government office or
adjudication unless there has been a
confrontation between the parties before
Need to be Except when the Lupon Chairman or the pangkat, and
verified, with otherwise provided by that no conciliation or settlement has
certification law or these Rules, been reacehed as certified by lupon or
against forum need not be verified pangkat chairman.
shopping, plus
payment of
docket fees Exceptions to above rule:
No need for
certification against
S408, LGC
forum shopping, and
not need for payment 1. where one party is the government
of docket fees (Note: or any subdivision or
compulsory instrumentality thereof
counterclaim, docket
fees are suspended) 2. where one party is a public officer
or employee, and the dispute
relates to performance of his
official functions
Instances when offenses punishable by
verification is needed: imprisonment exceeding 1 year or
a fine exceeding 5k pesos
3. offenses where there is no private

Actionable
offended party
document
4. where the dispute involves real
Allegations of
properties located in different cities
usury
or municipalities unless the parties
Answer to thereto agree to submit their
permissive differences to amicable settlement
counterclaim by an appropriate lupon
Succeeding 5. disputes involving parties who

pleadings in actually reside in barangays of
special different cities or municipalities,
proceedings except where such barangay units
adjoin each other and the parties
thereto agree to submit their
differences to amicable settlement
Complaint- a pleading alleging plaintiff’s
by an appropriate lupon
cause and causes of action
6. such other classes of disputes
which the President may determine
FLOW OF CIVIL PROCEDURE in the interest of justice
I. BARANGAY CONCILIATION 7. where one of the parties is a

PROCEEDINGS juridical entity
14
8. where accused is under police Those involving actual

custody or detention residents of different
barangays within the same city
9. where the person has otherwise or munipality shall be brought in
been deprived of personal liberty the barangay where the
calling for habeas corpus respondent or any of the
proceeding respondents actually resides, at the
election of the complainant
10. where the actions are coupled with
provisional remedies such as All disputes involving real
preliminary injunction, attachment, property or any interest
delivery of personal property, and therein shall be brought in the
support pendent lite barangay where the real property
where the action may otherwise be
or the larger portion thereof is
barred by the statute of limitations
situated
11. in case of labor disputes
Those arising at the workplace
12. action to annul a judgment upon a where the contending parties
compromise are employed or at the
institution where such parties
13. CARL disputes are enrolled for study, shall be
brought in the barangay where
14. Disputes involving traditions of an such workplace or institution is
indigenous cultural community located
Rules on appearance before Barangay

Does the Exclusive Original Proceedings:
Jurisdiction of the RTC on actions
involving those incapable of S415, LGC
pecuniary estimation include
provisional remedies as falling within In all katarungang pambarangay
the category? proceedings, the parties must appear in
person without the assistance of counsel
No, because provisional remedies are or representative, except for minors and
merely ancillary to the main action. The incompetents who may be assisted by
category of actions incapable of pecuniary their next of kin who are not lawyers.
estimation refers only to main actions.
Effect of Amicable Settlement and

Purpose of Barangay Proceedings: Arbitration Award:
Reduce the number of litigations and S416, LGC

prevent the deterioration of the quality of
justice which has been brought about by The amicable settlement and arbitration
indiscriminate filing of cases in the courts. award shall have the force and effect of a
(Zamora vs Heirs of Izquierdo) final judgment of a court upon the
expiration of 10 days from the date
thereof, unless repudiation of the
settlement has been made or a petition to
Venue of Barangay Conciliation nullify the award has been filed before the
Proceedings: proper city or municipal court.
S409, LGC However, this provision shall not apply to
court cases settled by the lupon under last
Disputes between persons
paragraph of S408 of this Code, in which
actually residing in the same
case the compromise settlement agreed
barangay shall be brought for
upon by the parties before the lupon shall
amicable settlement before the
be submitted to the court and upon
lupon of said barangay
15
approval thereof, have the force and effect Proceed with the trial, and when the
of a judgment of said court. decision is adverse, file an appeal raising
as error the ground for denial of the
motion to dismiss. When the denial is
tainted with grave abuse of discretion
Rules on execution of judgment in
amounting to lack or excess of jurisdiction,
Barangay Proceedings:
file petition for certiorari under Rule 65.
S417, LGC
The amicable settlement or arbitration

** In between Barangay conciliation
award may be enforced by execution by
and filing of complaint, if real
the lupon within 6 months from the date of
property is involved, plaintiff can file
the settlement. After the lapse of such
adverse claim over the property, or
time, the settlement may be enforced by
can file notice of lis pendens
action in the appropriate city or municipal
court. Notice of Lis Pendens
- “buyer beware”
- Notice to buyer of existence of an
Remedies of the parties in case of adverse claim
failure of amicable settlement before o It is not a pleading
the lupon: o There is need to register it
with the register of deeds
1. File the case before the proper
court
2. Repudiate the agreement (S418,
LGC) II. COMPLAINT
3. File a petition before the MTC to
nullify the agreement (basis?) Complaint (R6 S3)
The complaint is the pleading

alleging the plaintiff’s cause or
Remedy in case of failure to comply causes of action.
with Barangay Conciliation:
Undergone Barangay
As defendant, file a motion to dismiss Conciliation Proceedings
under R16 S1j on the ground that a
condition precedent has not been NOTE: If the case undergone Barangay
complied with. conciliation proceedings first, there must
be a specific allegation in the complaint
that there is compliance with Barangay
Conciliation proceedings
Motion to dismiss was granted,
remedy of plaintiff? Pag wala, patay (?)- M2D S1j OR amend
the complaint (?)
Re file the case with the certification of
having undergone Barangay conciliation
proceedings, as the dismissal is without
prejudice. Jurisdiction
IF, court has no jurisdiction, M2D R16 S1b
Motion to dismiss was denied, (importance of knowing BP129 as

remedy of defendant? amended by RA7691 Rules on Jurisdiction)
R16 S4 states that if the motion is denied, Granted- Refile

movant shall file his answer within the
balance of the period granted by Rule 11 Denied- State R16 S4 (yung BUONG
to which he was entitled at the time of SAGOT na Gusto ni Boss Atty Tan)
serving his motion, but not less than 5
days in any event, computed from his
receipt of the notice of the denial. Summary Procedure:
16
Cases covered: Forcible entry and unlawful detainer

actions shall be commenced and tried in
1. All cases of FE and UD, irrespective the MTC of the municipality or city wherein
of the amount of damages or the real property involved or a portion
unpaid rentals sought to be thereof is situated.
recovered. Where AF are awarded,
the same shall not exceed 20k R4 S2
2. All other civil cases, except probate All other actions may be commenced and
proceedings, where the total tried where the plaintiff or any of the
amount of the plaintiff’s claim does principal plaintiffs resides, where the
not exceed 100k OMM or 200k MM defendant or any of the defendants
exclusive of interests and costs (as resides, or in case of a non resident
amended by AM 2-11-9-SC) defendant he may be found at the election
of the plaintiff.
3. Civil cases not higher than 100k-
Subject to the Rule on Small Claims R4 S3
If any of the defendants does not reside

and is not found in the Philippines, and the
GENERAL RULE on Summary Procedure: action affects the personal status of the
No Motion to Dismiss is allowed plaintiff or any property of said defendant
(Prohibited Pleading) located in the Philippines, the action may
be commenced and tried in the court of
EXCEPT:
the place where the plaintiff resides, or
1. Lack of jurisdiction over the subject where the property or any portion thereof
matter of the claim is situated or found
2. Lack of jurisdiction over the person

of the defendant
EXCLUSIVITY OF VENUE- NOTE: Rule 4
3. Failure to comply with Barangay SHALL NOT APPLY... if
Conciliation Proceedings
R4 S4
1. The parties have validly agreed in

HOWEVER, with respect to SMALL CLAIMS writing
CASES, 2. The agreement in writing was
made before the filing of the action
ABSOLUTE RULE: motion to dismiss is not 3. Exclusive venue is stipulated
allowed
Atty Tan’s comment:
Reason: defeats the purpose of Small
Rule 4 of the Rules of Court did not
Claims Proceedings
provide for MAY, but SHALL
Suppose, Real property is subject of

Venue dispute (real action). A lives in Pasay, B
lives in Manila, the real property is located
- Can be subject to stipulation of the in Davao. Following Rule 4 S1, the suit
parties should be filed in Davao, being the place
where the property or portion thereof is
State: Rules on venue situated. However, the parties can
exclusively agree that the venue can be
R4 S1
filed in Baguio, provided that the
Actions affecting title to or possession of requisites of R4 S4 as to exclusivity of
real property or interest therein shall be venue are complied with
commenced and tried in the proper court
So, it means that Rule 4 S1 can be the
which has jurisdiction over the area
subject of agreement, and that the suit
wherein the real property involved or a
can be filed somewhere else other than
portion thereof is situated.
what S1 provides? (Parang ok lang sana
17
kung concern e personal action under R4 Remedy: raise the ground as an

S2- can be subject of agreement, pero affirmative defense
venue of REAL ACTION CAN BE SUBJECT
OF AGREEMENT?! Labo ata...)
Seems there is a loophole in Rule 4 Parties
(R3 S1)
If the venue is permissive, Only natural or juridical persons, or

entities authorized by law may be parties
Then the venue is in addition to the in a civil action. The term plaintiff may
rules on venue refer to the claiming party, the
counterclaimant, cross claimant, or the 3rd
4th etc party plaintiff. The term defendant
may refer to the original defending party,
Action was filed in the wrong venue:
the defendant in the counterclaim, the
I will file motion to dismiss under R16 S1c cross defendant, or the 3rd 4th etc party
on the ground that the venue is defendant.
improperly laid
Plaintiff includes:
- Counter counterclaimant
- Counter cross claimant
The motion was granted (court issues
not a judgment but an ORDER). Defendant includes:
Counsel for plaintiff. Remedy?
- Defendant in counter counterclaim
I will refile the case in the court of the - Defendant in counter cross claim
proper venue, because the order of - An unwilling co plaintiff or one who
dismissal is without prejudice (R16). should be joined as plaintiff but
refuses to give consent thereto (R3
EXCEPT: if there exists grave abuse of S10)
discretion amounting to lack or excess of - A person necessary to a complete
jurisdiction, Certiorari Rule 65 is the determination or settlement of the
proper remedy questions involved therein
Plaintiff
Motion to dismiss was denied. A person having an interest in the

Remedy for defendant? matter of the action or in obtaining
the relief demanded
Rule 16 S4
Defendant
File an answer within the balance of the
period prescribed by Rule 11 to which he A person claiming an interest in the
was entitled at the time of serving his controversy or the subject thereof
motion but not less than 5 days in any adverse to the plaintiff
event, computed from his receiving of
notice of denial. Then, go to trial. When
the decision is adverse, file an appeal
raising as error the denial of the motion to 3rd party plaintiff
dismiss. If the denial of the motion is
A defending party who may with
tainted with grave abuse of discretion
leave of court file against a third
person not party to the action
file petition for certiorari under Rule 65.
called the 3rd 4th etc party
defendant a claim for contribution,
indemnity, subrogation, or any
Motion to dismiss on the ground of other relief in respect of his
improper venue IS A PROHIBITED opponent’s claim (R6 S11)
PLEADING under the Rules on Summary
Procedure, and more so in Small Claims
18
Cross Claimant absence without affecting them

(Quisumbing vs CA GR 93335 9/13/1990)
A party to an original action who
has a claim against a co party
arising out of the transaction or
occurrence that is the subject Representative party
matter either of the original action
R3 S3
or of a counterclaim therein (R6 S8)
Party acting in a fiduciary capacity. The
beneficiary shall be included in the title of
Real Party In Interest the case and shall be deemed to be the
real party in interest. It may be:
A real party in interest is the party
who stands to be benefited or - Trustee of an express trust
- Guardian
injured by the judgment in the suit,
- Executor
or the party entitled to the avails of - Administrator
the suit. Unless otherwise provided - A party authorized by law or these
by law or these rules, every action rules
must be prosecuted or defended in o (agent acting in his own
the name of the real party in name and for the benefit of
interest(R3 S2) an undisclosed principal
may sue or be sued without
joining the principal except
Indispensable Party when the contract involves
things belonging to the
An indispensable party is a party in principal)
interest without whom no final
determination can be had of an
action who shall be joined either as
Pro Forma Party
plaintiff or defendant (R3 S7)
Parties who are required to be joined as co
parties in suits by or against another party
Necessary Party as may be provided by the applicable
substantive law or procedural rule
A necessary party is a party who is
not indispensable but who ought to EXAMPLE: Spouses- husband and wife
be joined as a party if complete shall sue or be sued jointly, except as
relief is to be accorded as to those provided by law (R3 S4)
already parties, or for a complete
determination or settlement of the
claim subject of the action (R3 S8) Quasi Party
Parties in whose behalf a class or

representative suit is brought
Who is a proper party?
A proper Party is the same as a necessary

party, a party who is not indispensable but Not a real party in interest: Remedy?
who is ought to be joined as a party if
complete relief is to be accorded as to MOTION TO DISMISS on the ground of
those already parties, or for a complete failure to state cause of action
determination or settlement of the claim
subject of the action (R3 S8) Granted- refile
Party those presence is necessary to Denied:

adjudicate the whole controversy, but
I will file an answer within the balance of
those whose interests are so far separable
the period prescribed by Rule 11 to which i
that final decree can be made in their
am entitled at the time of serving my
motion, but not less than 5 days in any
19
event, computed from my receipt of notice Cause of Action

of denial. Then, proceed with the trial. In
case of adverse decision I will appeal the Act or omission by which a party
judgment and assign as error the denial of violates a right of another (R2 S2)
the motion to dismiss.
However, if the denial is tainted with GAD

What are the elements of a cause of
action?
then I will file petition for certiorari under
Rule 65. 1. Plaintiff exercises a legal right
2. Correlative obligation the part of
defendant to respect plaintiff’s
legal right
JOINDER OF PARTIES
3. Defendant violates plaintiff’s legal
Requisites: right in a manner contrary to law,
morals, good customs, public
1. Right to relief arises out of the order, public policy
same transaction or series of
transactions *STATE ALL CAUSES OF ACTION in the
PLEADING!
2. Jurisdiction over plaintiffs and
defendants can be obtained IF NOT, remedy:
3. There is question of law or fact M2D R16 S1g- failure to state cause of
common to all plaintiffs or action
defendants
GRANTED: refile; amend pleading
4. Such joinder is not otherwise
Denied:
proscribed by the provisions of the
rules on jurisdiction and venue I will file an answer within the balance of
the period prescribed by Rule 11 to which i
R3 S6
am entitled at the time of serving my
All persons in whom or against whom any motion, but not less than 5 days in any
right to relief in respect to or arising out of event, computed from my receipt of notice
the same or series of transactions is of denial. Then, proceed with the trial. In
alleged to exist, either jointly, severally, or case of adverse decision I will appeal the
in the alternative, may, except as judgment and assign as error the denial of
otherwise provided in these rules, join as the motion to dismiss.
plaintiffs or be joined as defendants in one
complaint, where any question of law or
fact common to all such plaintiffs or to all
such defendants may arise in the action;
Rule 65.
but the court may make such orders as
may be just to prevent any plaintiff or
defendant from being embarrassed or put
to expense in connection with any Joinder of Causes of Action (R2 S5)
proceedings in which he may have no
interest. A party may in one pleading assert, in the
alternative or otherwise, as many causes
of action as he may have against an
opposing party, subject to the following
Non joinder/Misjoinder of parties- not a conditions:
ground for motion to dismiss
A. That the party joining the causes of
IF so, remedy: action shall comply with the rules
on joinder of parties
Amendment of the pleading (Rule 3 in
relation to Rule 10 B. The joinder shall not include special
civil actions and actions governed
by Special Rules
20
Special Civil Actions: R2 S3
1. Interpleader (R62) A party may not institute more than one

2. Declaratory Relief (R63) suit for a single cause of action
3. Review of Judgments and Final
orders or resolutions of COMELEC,
CoA (R64)
4. Certiorari, Prohibition, Mandamus R2 S4
(R65)
5. Quo Warranto (R66) If 2 or more suits are instituted on the
6. Expropriation (R67) basis of the same cause of action, the
7. Foreclosure of Real Estate filing of one or a judgment upon the merits
Mortgage (R68) in any one is available as a ground for
8. Partition (R69) dismissal of the others.
9. Forcible Entry and Unlawful
Detainer (R70)
10. Contempt (R71)
Supposing, the plaintiff split a single
INCLUDES: SPECIAL PROCEEDINGS cause of action, remedy?
(SEGTARHHCVJCDC +)
As defendant, I will file a motion to dismiss
Sum of money + Foreclosure of Mortgage on the ground of litis pendencia or res
= CANNOT BE JOINED! (latter is a special judicata (R16 S1 e or f)
civil action)
GRANTED, remedy: APPEAL (dismissal is
Hence, sue in alternative / either or with prejudice)
C. Where the claims pertain to DENIED:

different venues or jurisdictions,
the joinder shall be allowed in the I will file an answer within the balance of
RTC provided that it falls within the the period prescribed by Rule 11 to which i
jurisdiction of said court and the am entitled at the time of serving my
venue lies therein motion, but not less than 5 days in any
event, computed from my receipt of notice
D. Where the claims in all causes of of denial. Then, proceed with the trial. In
action are principally for recovery case of adverse decision I will appeal the
of money, the aggregate amount judgment and assign as error the denial of
claimed shall be the test of the motion to dismiss.
jurisdiction
If you are counsel for plaintiff, and
Rule 65.
the causes of action are not joined,
remedy?
File a motion to amend the complaint (as a PLEADING / PARTS OF A

matter or right before a responsive PLEADING
pleading is filed, or with leave of court
after a responsive pleading is filed if the Rule 7 S1
amendment is substantial—Here, di ko
alam kung substantial to...) – R10 S2 and 3 The caption sets forth:
a. Name of the court

b. Title of the action
Splitting a Single Cause of Action: c. Docket number if assigned
It is the act of dividing or indivisible The title of the action indicates the names
cause of action into several causes of the parties. They shall be named in the
of actions and bringing several original complaint or petition. But in
actions thereon subsequent pleadings, it shall be sufficient
if the name of the first party on each side
be stated with an appropriate indication
21
when there are other parties. Their Every pleading must be signed by the
respective participation in the case shall party or counsel representing him
be indicated. stating in either case his address which
should not be a post office box. The
signature of counsel constitutes a
certification by him that
R7 S2
1. he has read the pleading,
The body of the pleading shall set forth 2. that to the best of his knowledge,
its: information or belief there is good
ground to support it, and
1. Designation
3. that it is not interposed for delay
2. Allegation of the claims or defenses
3. Relief prayed for
An unsigned pleading produces no legal
4. Date of the pleading
effect
Paragraph
However, the court may, in its discretion,
The allegations in the body of a pleading allow such deficiency to be remedied if it
shall be divided into paragraphs so appear that the same was due to mere
numbered as to be readily identified each inadvertence and not intended for delay.
of which shall contain a statement of a
single act of circumstances so far as can 1. Counsel who deliberately files
be done with convenience. unsigned pleading
2. Signs a pleading in violation of
A paragraph may be referred to by its these rule,
3. or alleges scandalous or indecent
number in all succeeding pleadings.
matter therein,
Headings 4. Or fails to promptly report to the
court a change of his address, shall
When 2 or more causes of action are be subject to appropriate
joined, the statement of the first shall be disciplinary action
prefaced by the words first cause of
action, of the second by second cause of
action and so on for the others.
R7 S4
When one or more paragraphs in the
Except when otherwise specifically
answer are addressed to one of several
required by law or rule, pleadings need
causes of action in the complaint, they
not be under oath, verified, or
shall be prefaced by the words answer to
accompanied by affidavit.
the second cause of action or answer to
the second cause of action and so on; and A pleading is verified by an affidavit that
when one or more paragraphs are
addressed to several causes of action, 1. the affiant has read the pleading
they shall be prefaced by words to that 2. that the allegations therein are true
effect. and correct of his personal
knowledge or based on authentic
Relief records
The pleading shall specify the relief A pleading required to be verified which
sought, but it may add a general prayer contains a verification based
for such further or other relief as may be
deemed just and equitable. 1. on information and belief or
2. upon knowledge, information and
Date belief
3. or lacks a proper verification
Every pleading shall be dated
shall be treated as an unsigned pleading
R7 S3
Is a jurat a part of a pleading?
22
The general rule is that pleadings need Quo Warranto (R66)

not be verified. However, if the law or the
Rules require that a pleading be verified, Expropriation (R67)
verification is done by way of affidavit. In
Foreclosure of Real Estate
an affidavit, there is a need for jurat to be
Mortgage (Rule 68)
present. Hence, in a verified pleading, a
jurat becomes part of a pleading. Partition (R69)
Forcible Entry and Unlawful

Detainer (R70)
What are the pleadings that need to
be verified? Contempt (R71)
Petition for relief from judgment or (all Special Proceedings)

order (R38 S3)
Settlement of Estate of Deceased
Petition for review from RTC to CA (R73-90)
(R42 S1)
Escheat (R91)
Petition for review from CTA and q-j
agencies to the CA (R43 S5) Petition for guardianship of minors
Appeal by certiorari from the CA to (AM __-__-__-SC)
SC (R45 S4)
Petition for guardianship of
Petition for annulment of judgment incompetents (R92-97)
or final orders and resolutions (R47
S4) Petition for custody of minors in
relation to habeas corpus, AM __-__-
Complaint for injunction (R58 S4) __-SC)
Application for appointment of Trusteeship (R98)

receiver (R59 S1)
Petition for Domestic Adoption
Application for support pendent lite (Domestic Adoption Act, )
(Rule 61 S1)
Petition for inter country adoption
(all initiatory pleadings) (Inter Country Adoption Act,
)
Original Complaint
Habeas Corpus (R102)
Permissive Counterclaim
Writ of Amparo (
Cross Claim )
3rd 4th etc party complaint Writ of Habeas Data (
)
Complaint in intervention
Change of Name (R103)
Petition
Clerical Error Act ( )
(all Special Civil Actions)
Cancellation or Correction of
Interpleader (R62)
Entries in the Civil Registry (R108)
Declaratory Relief and Similar
Voluntary Dissolution of
Remedies (R63)
Corporations (Corporation Code
Review of Judgments and Final )
Orders or
Judicial Approval of Voluntary
Resolutions of COMELEC, CoA (R64) Recognition of Minor Natural
Children (Family Code,
Petitions for certiorari, prohibition, )
mandamus (R65)
23
Constitution of the Family Home

(Family Code, ) Motion for preliminary attachment
(R57 S3)
Declaration of Absence and
Presumptive Motion for dissolution of
preliminary injunction (R58 S6)
Death (R107 in relation to Civil and
Family Code ) Application for writ of replevin (R60
S2)
Petition for declaration of Nullity
and Annulment of Marriage ( Claim against estate of a decedent
) (R86 9)
Petition for legal separation ( Motion for new trial on the ground
) of newly discovered evidence in
criminal cases (R121 S4)
Pleadings not required be verified in

the manner and form prescribed by Does the answer need to be verified?
S4 of this Rule but the same must be
As a general rule, answers need not be
under oath:
verified, save for following instances:
Denial of genuineness and due
Answer to allegations of usury in a
execution of actionable document
complaint to recover usurious
(R8 S8)
interests (R8 S11)
Denial of allegations of usury (R8
When the answer is based on an
S11)
actionable document (R8 S8)
Motion to set aside default order
Answer under the Revised Rules on
(R9 S3b)
Summary Procedure
Answer to written interrogatories
Answer in Small Claims Cases
(R25 S2)
Answer to request for admission

(R26 S2) If the pleading is not verified, as
counsel for plaintiff, remedy?
File for judgment on the pleadings under

The following pleadings or motion
Rule 34 S1, on the ground of admission of
with affidavit or affidavits of merit:
material allegations of the adverse party’s
Motion to postpone for absence of pleadings. Ground is based on the fact
evidence (R30 S3) that an answer is filed, but there is no
genuine issue because the allegations are
Motion to postpone for illness of a deemed admitted.
party or counsel (R30 S4)
Motion for summary judgment or R34 S1
opposition thereto (R35 S1,2,3,5)
Grounds for judgment on the pleadings:
Motion for new trial on the ground
of fraud, accident, mistake, or Answer fails to tender an issue
excusable negligence or opposition Answer admits the material
thereto (r37 S2) allegations of the adverse party’s
pleading
Petition for relief from judgment or
order (R38 S3)
Third party claim (R39 S16) Who can verify a pleading?
Proof required of a redemptioner A party need not sign the verification.

(R39 S30)
24
The following may sign verification: corresponding administrative and criminal

actions.
Party
Party’s representative If acts of party or counsel clearly
Party’s Lawyer constitute wilful and deliberate forum
Any person who personally knows
shopping, the same shall be ground for
the truth of the facts alleged in the
summary dismissal with prejudice, direct
pleading
contempt, and cause for administrative
sanctions.
How about an authorized

representative? Can he verify?
Forum Shopping:
Yes, if armed with proper authority from
Forum shopping is an act of malpractice of
the party (Through SPA?)
filing multiple suits in different courts
either simultaneously or successively,
involving the same parties, and asking the
R7 S5- certification against forum courts to rule on the same or related
shopping causes and/or to grant the same or
substantially the same relief
Plaintiff or principal party shall certify
under oath in the complaint or other
initiatory pleading assisting a claim for
relief, or in a sworn certification annexed 3 ways of committing forum
thereto and simultaneously filed shopping:
therewith,
Filing multiple cases based on the
1. that he has not theretofore same cause of action and with the
commenced any action or filed any same prayer the previous not
claim involving the same issues in having been resolved (litis
any court, tribunal or quasi judicial pendencia)
agency, and, to the best of his
Filing multiple cases based on the
knowledge, no such other claim or same cause of action and with the
action is pending therein
same prayer, the previous having
2. if there is no such other pending been resolved with finality (res
action or claim, a complete judicata)
statement of the present status
Filing multiple cases based on
thereof same causes of action but with
3. if he should thereafter learn that different prayers (splitting cause of
the same or similar action or claim action on the ground of litis
is filed or is pending, he shall pendencia or res judicata)
report that fact within 5 days
therefrom to the court where his
aforesaid complaint or initiatory Pleadings requiring certification
pleading has been filed against forum shopping:
Failure to comply with the foregoing Initiatory Pleadings

requirements shall not be curable by mere
amendment of the complaint or pleading Original complaint
but shall be cause for dismissal of the Permissive counterclaim
Cross claim
case without prejudice, unless otherwise
3rd 4th etc party complaint
provided, upon motion and after hearing. Complaint in intervention
Petition
Submission of a false certification or non
compliance with any of the undertakings
therein shall constitute indirect contempt
of court without prejudice to What is stated in certification against
forum shopping:
25
R7 S5
The plaintiff or principal party shall certify Willful and deliberate forum
under oath in the complaint or other shopping
initiatory pleading asserting a claim for
relief, or in a sworn certification annexed If the acts of party or counsel clearly
thereto and simultaneously filed constitute wilful and deliberate forum
therewith: shopping, the same shall be ground for
summary dismissal with prejudice, direct
1. That he has not theretofore contempt, and cause for administrative
commenced any action or filed any sanctions.
claim involving the same issues in
any court, tribunal or quasi judicial Serves as FINAL ORDER, hence,
agency and, to the best of his appeal is the proper remedy if
knowledge, no such other action or motion to dismiss under R16 S1j is
claim is pending therein granted
2. If there is such other pending claim
or action, a complete statement of
the present status thereof Remedies in case of failure to attach
3. If he should thereafter learn that
certification against forum shopping:
the same or similar action or claim
has been filed or is pending, he As counsel for defendant, file motion to
shall report that fact within 5 days dismiss under Rule 16 S1j on the ground
therefrom to the court wherein his that a condition precedent has not been
aforeseaid complaint or initiatory complied with.
pleading has been filed
Motion to dismiss was granted,

States the effects of: (R7 S5) remedy?
Failure to attach certification As plaintiff, refile the case, on the ground

against forum shopping that the dismissal is without prejudice.
Failure to comply with the foregoing

requirements shall not be curable by mere
amendment of the complaint or pleading If the plaintiff committed wilful and
but shall be cause for dismissal of the deliberate forum shopping, and the
case without prejudice, unless otherwise complaint was dismissed, remedy?
provided, upon motion and after hearing.
As plaintiff, i will file notice of appeal
Remedy is file motion to dismiss under Rule 41, because the dismissal is
R16 S1j, and if granted, plaintiff’s without prejudice, hence, in the nature of
remedy is to refile the case with a final order.
the required certification, unless if
declared by the court as dismissal
with prejudice, hence, remedy is
Define, enumerate, each pleadings:
appeal
Complaint (R6 S3)
The complaint is the pleading
alleging the plaintiff’s cause or
Submission of a falser
causes of action.
certification or non compliance
of any of the undertakings Counterclaim (R6 S6)
therein Any claim which a defending party
may have against an opposing
Submission of a false certification or non
party
compliance of any of the undertakings
therein shall constitute indirect contempt Compulsory Counterclaim (R6
of court without prejudice to S7)
corresponding administrative and criminal
actions
26
A counterclaim which being A counterclaim that may be

cognizable by the regular courts of asserted against an original
justice arises out of or is connected counterclaimant
with the transaction or occurrence
constituting the subject matter of Counter crossclaim
A cross claim which may be filed
the opposing party’s claim and
against an original cross claimant
does not require for its adjudication
the presence of third parties of
whom the court cannot acquire
jurisdiction
Permissive Counterclaim (R6 Counterclaim

S7)
A counterclaim which being Original complaint
cognizable by the regular courts of
justice does not arise out of or is A vs B
connected with the transaction or
occurrence constituting the subject
matter of the opposing party’s Counterclaim
claim and may require for its
adjudication the presence of third
parties of whom the court cannot
acquire jurisdiction Counter Counter Claim
Cross claim (R6 S8) Cross Claim

Any claim by one party against a
A vs B and C
co party arising out of the
transaction or occurrence that is (Original Complaint)
the subject matter either of the
original action or of a counterclaim Cross Claim
therein
3rd 4th etc party complaint (R6

S11) Counter Cross Claim
A claim that a defending party
may, with leave of court, file
against a person not a party to the
Third Party Complaint
action, called a 3rd 4th etc party
defendant for contribution, A vs B vs C (for CISA)
indemnity, subrogation, or any
other relief in respect of his C is impleaded for CISA
opponent’s claim
Complaint in intervention (R19

S1) Complaint In intervention
Pleading filed by an intervenor if he
answers a claim against either or A vs B
all of the original parties
C (or)
Answer in intervention (R19
C wants to be impleaded in the action
S3)
Filed by intervenor if he unites with
the defending party in resisting a
claim against the latter
Answer (R6 S4)

Pleading in which a defending party
sets forth his defenses THIRD PARTY COMPLAINT IN
COMPLAINT INTERVENTION
Counter counterclaim (R6 S9)
27
Rule 6 Rule 19 and certification

against forum
A claim that a Pleading filed by an shopping
defending party intervenor if he
may, with leave of answers a claim Docket fee is Docket fees are
court, file against a against either or all required to be paid suspended
person not a party of the original
to the action, called parties Failure to file not
a 3rd 4th etc party answer results in
defendant for declaration of
contribution, default
Intervenor is any
indemnity, may require for its Does not require for
person who has a
subrogation, or any adjudication the its adjudication the
legal interest in the
other relief in presence of third presence of third
matter in ligitation,
respect of his parties over whom parties over whom
or in the success of
opponent’s claim the court cannot the court cannot
either of the parties,
or who has an acquire jurisdiction acquire jurisdiction
interest against
Not barred even if Barred if not set up
both parties, or who
not set up in the in the action
is so situated as to
action
be adversely
affected by the Initiatory pleading Not an initiatory
distribution or other pleading
disposition of
property in the
custody of the court
3PC vs Third party claim
or of an officer
thereof Third Party Third Party Claim
Complaint
Initiated by way of By way of affidavit

complaint
Third party is Third party has
Filed before the Filed before the
impleaded in the legal interest and
court sheriff
suit for CISA wants to be
impleaded in the For CISA Terceria
suit
Pleading Affidavit
Initiatory Pleadings
Docket fees are Not
Requires payment of docket fees required to be paid
Lis Pendens vs Litis Pendencia
Permissive Counterclaim vs Compulsory Lis Pendens Litis Pendencia

Counterclaim (Simplified version)
“buyer beware” Filing multiple suits
Permissive CC Compulsory CC in different courts
involving same
Does not arise out Arises out of or is
parties, same
of or is connected connected with the Notice to buyer of
causes of action,
with the transaction transaction or existence of an
same facts, same
or occurrence that occurrence that is adverse claim
relief, the identity of
is the subject the subject matter
the 2 cases such
matter of the of the opposing
that any judgment
opposing party’s party’s claim
that may be
claim
rendered in one
Needs verification Not case, regardless of
28
which party is A. Preliminary Attachment (Rule

successful, would 57)
amount to res
judicata in the other When filed? (R57 S1)
case
At the commencement of the action or at
Notice A ground for motion any time before entry of judgment, a
to dismiss under plaintiff or any proper party may have the
Rule 16 property of the adverse party attached as
security for the satisfaction of judgment
that may be recovered in the following
cases (See grounds)
Simultaneous or after filing of the original

complaint/pleading asserting a claim, Grounds for preliminary attachment
(NOTE: TINATANONG SA BAR!)
PROVISIONAL REMEDIES may be
availed of, ancillary to the main action for Rule 57 S1
protection and preservation of rights while
the main action is pending a. In an action for recovery of a
specified amount of money or
PROVISIONAL REMEDIES damages, other than moral and
exemplary, on a cause of action
- Temporary, auxiliary, ancillary
arising from law, contract, quasi
remedies available to a litigant for
contract, delict or quasi delict
the protection and preservation of
against a party who is about to
his rights while the main action is
depart from the Phils with
pending
intent to defraud his creditors
The following are the provisional
b. In an action for money or
remedies:
property embezzled or
1. Preliminary Attachment (Rule 57) fraudulently misapplied or
2. Preliminary Injunction (Rule 58) converted to his own use by a
3. Receivership (Rule 59) public officer, or an officer of a
4. Replevin (Rule 60) corporation, or an attorney,
5. Support Pendente Lite (Rule 61) factor, broker, agent, or clerk, in
the course of his employment as
NOTE: Not Exclusive!
such, or by any other person in
Protection orders a fiduciary capacity, or for a
wilful violation of duty
Provisional orders
c. In an action to recover the
Production orders possession of property unjustly
or fraudulently taken,
Witness protection orders detained, or converted, when
the property, or any part thereof,
See: RA 9262, Rules on
has been concealed, removed,
Nullity/Annulment of
or disposed of to prevent its
Marriage/Legal Separation, Petition
being found or taken by the
for Custody of Minors, Writ of
applicant or an authorized
Amparo, Writ of Habeas Data
person
NOTE ALSO:
d. In an action against a party who
Injunction and replevin can be main has been guilty of fraud in
actions in themselves contracting the debt or
incurring the obligation upon
which the action is brought, or
in the performance thereof
PROVISIONAL REMEDIES
29
e. In an action against a party who FE/UD- No

has removed or disposed of his
property, or is about to do so Amount 200k MM- yes
with intent to defraud his
100k- no
creditors
Ordinary Civil Actions- yes
f. In an action against a party who
does not reside and is not
found in the Phils, or on whom
summons may be served by When is it necessary to issue summons?
publication
In case of implementation of the
preliminary attachment (3rd stage)
Requirements: (Rule 57 S3)
1. By way of motion or by way of

complaint Stages:
2. Verified application through - Publication

Affidavit attached to motion or - Order/Execution
o BOTH ARE EX PARTE
complaint
- Implementation
- Stating the grounds o With Summons
- That there is no sufficient security
3. Allegation of the ground

How attached?
necessitating the need for
preliminary attachment - Garnishment
- Levy on attachment
4. Posting of bond in an amount to be o Annotated on back of title,
determined by the court
warning on subsequent
buyer subject to outcome of
the case
How is attachment applied for?
By way of motion? Or by way of

complaint? Remedy in case of issuance of writ of
attachment:
EITHER
R57 S12 and S13
S12- Motion to discharge attachment upon

HOW? giving of counterbond
At the commencement of the complaint S13- Motion to quash the writ of

attachment on the ff grounds:
- By verified complaint
- That the writ was improperly or
At any time before judgment irregularly issued or enforced
- That the bond is insufficient
- By verified motion
If the attachment is excessive, the
discharge shall be limited to the excess
Cany you apply for writ of attachment
before the MTC?
Order of denial of motion to quash:
YES.
- INTERLOCUTORY, hence,
In all instances? o M4R R65 S4
o Certiorari R65 S1, R41 S1b
YES. Because under Summary Procedure,
not a prohibited pleading
30
Purpose of the bond:
- To answer for damages incurred by Writ of TRO

the adverse party in case writ of preliminary
attachment is improperly or injunction
irregularly enforced A writ granted at An order to restrain
any stage of action particular act or
or proceeding prior acts of a party for a
to the judgment or limited period of
Writ of Writ of Replevin final order, time
Preliminary requiring a party or
Attachment a court, agency or
person from a
Covers real or Covers only
particular act or
personal property personal property
acts. It may also
At the Commencement of
require
commencement of the action or at any
performance of a
the action or at any time before answer
particular act or
time before entry of
acts, in which case
judgment
it shall be known as
Amount of the bond Amount of the bond
a preliminary
is the value of the is double the
mandatory
obligation (fixed by amount of the
injunction
the court) personal property
May be resorted to Can be sought only
even if property is when defendant is
GROUNDS for preliminary injunction (R58
in the possession of in actual possession
a third person of the property S3):
a. That the applicant is entitled to the

B. Preliminary Injunction (Rule relief demanded, and the whole or
58) part of such relief consists in
restraining the commission or
Injunction continuance of the act or acts
complained of, or in requiring the
- Judicial writ, process, or proceeding performance of an act or acts,
whereby a party is ordered to do or either for a limited period or
refrain from doing a particular act perpetually
Preliminary Injunction b. That the commission, continuance,
or non performance of the act or
- An order granted at any stage of an
acts complained of during the
action or proceeding prior to the
litigation would probably work
judgment requiring a party or a
injustice to the applicant, or
court, agency, or a person to
refrain a particular act or acts c. That a party, court, agency, or a
person is doing, threatening, or is
Preliminary Mandatory Injunction
attempting to do, or is procuring or
- An order requiring the performance suffering to be done, some act or
of a particular act or acts acts probably in violation of the
rights of the applicant respecting
the subject of the action or
proceeding, and tending to render
Denial- interlocutory the judgment ineffectual
- Remedy: certiorari
If FJ- appeal Irreparable damage and injury
- Of such constant and frequent

recurrence that no fair or
Can preliminary injunction be issued ex
reasonable redress can be had
parte?
therefore in court of law or where
NO (?). TRO- yes there is no standard by which their
31
amount can be measured with - Affidavit of the party serving

reasonable accuracy containing a full statement of the
date, place, and manner of service
If by service is by ordinary mail, proof

How do you avail? thereof shall consist of an affidavit of the
person mailing of facts showing
By way of MOTION or by way of VERIFIED
compliance with S7 of this Rule.
COMPLAINT
If service is by registered mail, proof shall
IF by verified complaint, at the
be made by such affidavit and registry
commencement of the action or before
receipt issued by the mailing office
entry of judgment, INCORPORATED IN THE
BODY OF THE COMPLAINT The registry return card shall be filed
immediately upon its receipt by the
If by motion, then by an application for
sender, or in lieu thereof, the unclaimed
relief complying with the Rules on Motion:
letter together with the certified or sworn
1. In writing, [except those made copy of the notice given by the
upon in open court or in the course postmaster to the addressee.
of a hearing or trial ] (R15 S2)
8. If the motion is not served to the
2. Must be verified and accompanied other party by personal service,
by an affidavit of merit if the such mode resorted to must be
ground for the motion is FAME accompanied by a written
explanation why the service or
3. Shall state the following (R15 S3) filing was not done personally. A
violation of this Rule may be cause
a. Relief sought to be obtained to consider the paper as not filed
b. Grounds upon which it is
(R13 S11)
based and
c. If required by these Rules or
necessary to prove facts
alleged therein, shall be Effect of failure to comply with
supported by supporting Sections, 4, 5, 6 of Rule 15?
affidavits and other papers
1. *the motion shall be treated as a
4. Motion is set for hearing by worthless piece of paper which the
applicant (R15 S4) clerk of court has no right to
receive and the court has no
5. Notice of hearing addressed to all authority to act upon (mere scrap
parties concerned, specifying the of paper)
time and date of hearing which 2. It does not interrupt the running of
must not be later than 10 days the prescriptive/reglementary
after the filing of the motion (R15 period for the filing of the requisite
S5) pleading
3. It will be ground for denial of the
6. Motion and notice of hearing must motion
be served at least 3 days before 4. The motion shall be considered as
the date of hearing (3 day notice not filed
rule)
7. Proof of service of the motion

HOW?
R13 S13
At the commencement of the complaint
Proof of personal service shall consist of:
- Written admission of party served
or At any time before judgment
- Official return of the server or
- By verified motion
32
Status Quo Order shall conduct a summary hearing to

determine whether the temporary
- Order issued by the court to restraining order shall be extended
maintain the last, peaceable, until the application for preliminary
actual, uncontested condition of injunction can be heard. In no case
the parties before the action or shall the total period of effectivity of
proceeding the temporary restraining order
exceed twenty (20) days, including
the original seventy-two hours
TRO- order restraining particular act or provided herein.
acts of a party for a limited period of time;
can be issued ex parte In the event that the application for
preliminary injunction is denied or not
(RULE 58- AM 7-7-12) resolved within the said period, the
temporary restraining order is deemed
automatically vacated. The effectivity of a
Sec. 5. Preliminary injunction not granted temporary restraining order is not
without notice; exception. No preliminary extendible without need of any judicial
injunction shall be granted without declaration to that effect, and no court
hearing and prior notice to the party shall have authority to extend or renew
or persons sought to be enjoined. If it the same on the same ground for which it
shall appear from facts shown by affidavits was issued.
or by the verified application that great or
irreparable injury would result to the However, if issued by the Court of Appeals
applicant before the matter can be heard or a member thereof, the temporary
on notice, the court to which the restraining order shall be effective for
application for preliminary injunction sixty (60) days from service on the
was made, may issue ex parte a party or person sought to be
temporary restraining order to be enjoined. A restraining order issued by
effective only for a period of twenty the Supreme Court or a member thereof
(20) days from service on the party or shall be effective until further orders. l
person sought to be enjoined, except
as herein provided. Within the twenty-day The trial court, the Court of Appeals, the
period, the court must order said Sandiganbyan or the Court of Tax Appeals
party or person to show cause at a that issued a writ of preliminary injunction
specified time and place, why the against a lower court, board, officer, or
injunction should not be granted. The quasi-judicial agency shall decide the main
court shall also determine, within the case or petition within six (6) months
same period, whether or not the from the issuance of the writ.
preliminary injunction shall be
granted, and accordingly issue the
corresponding order.
However, subject to the provisions of the

preceding sections, if the matter is of “Lifetime” (R57 S5 in relation to AM 7-7-
extreme urgency and the applicant will 12)
suffer grave injustice and irreparable
- Effective only for a period of 20
injury, the executive judge of a multiple-
DAYS from service on the party or
sala court or the presiding judge of a
person sought to be enjoined.
single-sala court may issue ex parte a o Court to order said party or
temporary restraining order effective person to show cause at a
for only seventy-two (72) hours from specified time and place
issuance, but shall immediately why injunction should not
comply with the provisions of the be granted, w/n P injunction
next preceding section as to service should be granted, and
of summons and the documents to be accordingly issue the
served therewith. Thereafter, within the corresponding order
aforesaid seventy-two (72) hours, the
judge before whom the case is pending
33
- IF the matter is of EXTREME Court may grant preliminary injunction, in

URGENCY, applicant will suffer accordance with the provisions of R58
grave injustice and irreparable thereof, to prevent defendant from
injury, executive judge of multi sala committing further acts of dispossession
court or presiding judge of single against plaintiff.
sala court may issue EX PARTE TRO
o Effective for only 72 HOURS A possessor deprived of possession
from issuance, through Fe or UD may, within 5 days from
 But shall filing of complaint, present a motion in the
immediately comply action for FE UD for issuance of writ of
with provisions of the preliminary mandatory injunction to
next preceding restore him in his possession. The court
section as to service shall decide the motion within 30 days
of summons and from filing thereof
documents to be
served R70 S20
- Within the 72 hours, judge to Upon motion of plaintiff, within 10 days

conduct summary hearing to from perfection of appeal to the RTC, the
determine whether the TRO can be latter may issue a writ of preliminary
extended until application for mandatory injunction to restore plaintiff in
preliminary injunction can be possession if the court is satisfied that
heard,
- defendant’s appeal is frivolous or
o Total period of effectivity of
dilatory, or
TRO shall NOT EXCEED 20 - that the appeal of plaintiff is prima
DAYS, including the original facie meritorious
72 hours provided therein
CA issues: effective for 60 DAYS from

service on the party or person sought to REMEDIES IN CASE OF PRELIMINARY
be enjoined INJUNCTION:
SC or member issues: effective until Granted: (Rule 57 S6)

further orders
- quash the writ based on:
1. upon showing of insufficiency

AGAIN... 2. on other grounds upon affidavits of
the party or person enjoined
TRO- order restraining acts of a party for a 3. if it appears after hearing that
limited period of time although applicant is entitled to the
injunction or restraining order, the
20 days issuance or continuance thereof, as
a case may be, would cause
72 hours (ex parte)- extreme urgency
irreparable damage to the party or
20 days non extendible person enjoined while applicant
can be fully compensated for such
damages he may suffer
Can the court issue injunction ex parte? Other requirements for quashal of writ:
NO!- requires notice and hearing 1. filing of bond in amount fixed by

court conditioned that he will pay
Can MTC issue TRO? all damages which applicant may
suffer by the denial or dissolution
Ordinary Civil Actions- Pwede
of the injunction or restraining
Forcibly Entry / UnlawFul Detainer- YES order
R70 S15 Denied:
- M4R
- Certiorari Rule 65
34
Can there be injunction in criminal cases? acts desist from

excluding another
YES, in case of preliminary injunction with from a right or
respect to preliminary investigation office (ministerial)
(general rule, no, but the enumerations Directed against a Directed against a
are the exceptions) party Judicial or quasi
judicial bodies
1. When prejudicial to the rights of exercising
ministerial functions
the accused
Provisional remedy Original action
2. When there is need for protecting By way of motion By way of petition
the Constitutional rights of the
accused
3. To Prevent the long arm of the law C. Receivership (Rule 59)

from being vindictive
- Provisional remedy to preserve a
4. When prejudicial question is property subject of litigation from
involved in the case further loss, wastage, damage,
dissipation for the protection of
5. In case of criminal prosecution
another person
under an invalid law
Where applied for?
1. Court where action is pending

Can MTC issue preliminary injunction?
2. CA
3. SC
YES, except in:
Grounds: (R59 S1)
Case falling under Summary Procedure, if
the claim being 100k (Small Claims), a. When it appears from the
EXCEPT: verified application, and
such other proof as the
- FE and UD
o R70- preliminary mandatory court may require, that the
party applying for the
injunction and preliminary
appointment of receiver has
prohibitory injunction are
an interest in the property
allowed
or fund which is the subject
of the action or proceeding,
and that such property or
Prohibitory Prohibition fund is in danger of being
Injunction lost, removed, or materially
Provisional remedy Special civil action injured unless a receiver be
Rule 58 Rule 65
appointed to administer and
An order granted at Petition in case a
preserve it
any stage of an person exercising J,
action or QJ, Ministerial
b. When it appears in an
proceeding prior to Function acted
the judgment without jur or with action by the mortgagee for
requiring a party or GAD amounting to the foreclosure of mortgage
a court, agency, or lack or excess of that the property is in
a person to refrain a jurisdiction, for danger of being wasted or
particular act or respondent to desist dissipated or materially
acts from further injured, and that its value is
proceedings
probably insufficient to
discharge the mortgage
Mandatory Mandamus debt, or that the parties
Injunction have so stipulated in the
Provisional Remedy Special Civil Action contract of mortgage
Rule 58 Rule 65
An order requiring Requires c. After judgment, to preserve
the performance of performance of a the property during the
a particular act or ministerial act or to pendency of an appeal, or
35
to dispose of it according to under the Corporation Code of the

the judgment, or to aid Philippines
execution when execution
has been returned
unsatisfied or when
Receivership with appointment of receiver:
judgment obligor refuses to
pwede
apply his property in
satisfaction of the judgment Receivership with MTC: pwede, except in
or otherwise to carry the Small Claims
judgment into effect
d. Whenever in other cases it

appears that the General powers of receiver:
appointment of a receiver is
the most convenient and R59 S6
feasible means of
Subject to the control of the court in which
preserving, administering,
the action or proceeding is pending, a
or disposing of the property
receiver shall have the power to
in litigation
1. Bring and defend, in such capacity,
During pendency of appeal, the appellate
actions in his own name
court may allow an application for the
appointment of a receiver to be filed in 2. Take and keep possession of the
and decided by the court of origin and the property in controversy
receiver appointed to be subject to the
control of said court. 3. To receive rents
4. To collect debts due to himself, as

receiver or to the fund, property,
REQUIREMENTS: estate, person, corporation to
which he is the receiver
1. Verified motion in a complaint /
Verified complaint at 5. To compound for and compromise
commencement of action (R59 S1) the same
2. Bond by applicant in an amount to 6. To make transfers

be fixed by the court to pay such
person against whom application is 7. To pay outstanding debts
presented to pay such party all
damages he may sustain by reason 8. To divide the money and other
of the appointment of such receiver property that shall remain among
in case the applicant shall have the persons legally entitled to
procured such appointment without receive the same
sufficient cause(R59 S2)
9. To do such acts respecting the
3. Oath and Bond by receiver to property as the court may
faithfully discharge of his duties in authorize
an action or proceeding and obey
However, funds in the hands of a receiver
court orders
may be invested only by order of the court
IF pending appeal, upon the written consent of all the parties
to the action.
No action may be filed by or against a
IF after judgment, receiver without leave of the court which
appointed him
- By way of motion
NOTE: Receivership as provisional remedy

applies to all civil actions, while Termination of receivership; compensation
receivership of corporation is an original of receiver
action applicable only to corporations
36
R59 S8 cause of detention thereof

according to the best of his
Whenever the court, motu proprio or on knowledge, information, and belief
motion of either party, shall determine
that the necessity for receiver no longer c. That the property has not been
exists, it shall, after due notice to all distrained or taken for a tax
interested parties and hearing, assessment or a fine pursuant to
law, or seized under a writ of
1. settle the accounts of the receiver, execution or preliminary
attachment, or otherwise placed
2. direct the delivery of the funds and
under custodia legis, or if so
other property in his possession to
seized, that it is exempt from such
the person adjudged to be entitled
seizure or custody
to receive them,
d. The actual market value of the
3. and order the discharge of the
property
receiver from further duty as such
2. Posting of bond by applicant in
The court shall allow the receiver such
double the value of the property
reasonable compensation as the
stated in the affidavit mentioned,
circumstances of the case warrant, to be
for return of the property to
taxed as costs against the defeated party,
adverse party if such return be
or apportioned, as justice requires.
adjudged, and for payment to
adverse party of such sum as he
may recover from the applicant in
D. REPLEVIN (Rule 60) the action
- A provisional remedy for recovery

of personal property / reacquisition
of personal property subject of Denied, REMEDY:
litigation
Counterbond double the amount of
Can be a provisional remedy or a main property
action
- If a main action, then it is an action

E. SUPPORT PENDENTE LITE (Rule
for recovery of unlawfully withheld
61)
personal property in the possession
of another - Amount of support provisionally
fixed by the court in favour of the
Jurisdiction/Venue:
person or persons entitled thereto
RTC or MTC (300k-400k OMM MM higher during the pendency of an action
lower) for support
IMMEDIATELY EXECUTORY!
REQUIREMENTS: (R60 S2) Where filed?
1. Verified Application (by FAMILY COURT

affidavit)/complaint before service
Why not in MTC? Because action for
of answer
support is incapable of pecuniary
Facts: estimation
a. That applicant is the owner of the (Exception: Criminal cases falling under
property claimed, particularly MTC jurisdiction?)
describing it, or is entitled to the
When available?
possession thereof
- Action for support
b. That the property is wrongfully - Relief sought is support for
detained by adverse party, alleging applicant
37
- Nullity of marriage The facts in issue shall be proved in the

- Annulment of marriage same manner as if proved for evidence on
- Legal separation motions.
- Custody of minors in relation to
habeas corpus
- Criminal cases:
o Rape S4- Order
o RA9262
The court shall determine provisionally
S1- Application
1. the pertinent facts, and
At
shall render such order as justice and
- the commencement of the proper equity may require,
action or proceeding,
- or at any time prior to the - having due regard to the probable
judgment or final order, outcome and such other
o a verified application for circumstances as may aid in the
support pendentee lite may proper resolution of the question
be filed by any party involved.
 stating the grounds
for the claim and the If the application is granted,
financial conditions
of both parties, and - the court shall fix
 commenced by o the amount of money to be
affidavits, provisionally paid,
o or such other forms of
depositions, or other
support as should be
authentic documents
provided,
in support thereof
 taking into account
the necessities of the
applicant and the
S2- Comment  resources or means
of the adverse party,
A copy of the application and all and
supporting documents  terms of payment or
mode for providing
- shall be served upon adverse
the support.
party,
o who shall have 5 days to If the application is denied, the principal
comment thereon case shall be tried and decided as early as
 unless a different possible.
period is fixed by the
court upon his
motion.
S5- enforcement of order
The comment shall be verified and shall
be accompanied by affidavits, depositions, If the adverse party fails to comply with an
or other authentic documents in support order granting support pendente lite, the
thereof. court shall, motu proprio or upon motion,
- issue an order of execution against

him,
S3- Hearing o without prejudice to his
liability for contempt.
1. After the comment is filed, or
2. after the expiration of the period When the person ordered to give support
for its filing, pendente lite refuses or fails to do so,
a. the application shall be set
for hearing not more than 3 - any third person who furnished that
days thereafter support to the applicant may, after
due notice and hearing in the same
case,
38
o obtain a writ of execution to o seek reimbursement thereof

enforce his right of in a separate action from
reimbursement against the the person legally obliged to
person ordered to provide give such support.
such support.
Failure of action for support pendente lite,

S6- Support in criminal cases REMEDY:
In criminal cases - move for motion for execution
1. where the civil liability includes DENIED,

support for the offspring as a
consequence of the crime - file petition for indirect contempt,
2. and civil aspect thereof has not for disobedience to lawful order of
been waived, reserved, or the court
instituted prior to its filing,
a. the accused may be ordered
to provide support pendente
SPECIAL CIVIL ACTIONS
lite to the child born to the
offended party allegedly (discussed in this stage because initiatory
because of the crime. pleadings are filed, by complaint or by
petition, as the case may be)
The application therefore may be filed
successively by the SCA initiated by SCA initiated by
complaint petition
- offending party, - Interpleader - declaratory
- her parents, (62) relief (62)
- grandparents, - Foreclosure of - review of
- or guardian mortgage adjudication
- and the state in the corresponding (68) of comelec,
criminal case during its pendency, - Forcible entry coa (64)
o in accordance with the / UD (70) - c, m, p (65)
procedure established in - Partition (69) - qw (66)
this Rule. - Expropriation - contempt
(67) (71)
S7- Restitution 1. Interpleader (62)

2. Declaratory Relief and other similar
When the judgment or final order of the remediesv (63)
court finds that the person who has been 3. Review of judgments, final orders,
providing support pendente lite is not resolutions of CoA, COMELEC (64)
liable therefor, 4. Certiorari, Prohibition, Mandamus
(65)
- it shall order the recipient thereof 5. Quo Warranto (66)
to return to the former the amounts 6. Expropriation (67)
already paid with legal interest 7. Foreclosure of Real Estate
from the dates of actual payment, Mortgage (68)
o without prejudice to the 8. Partition (69)
9. Forcible Entry/Unlawful Detainer
right of recipient to obtain
(70)
reimbursement in a 10. Contempt (71)
separate action from the
person legally obliged to Governed by Special Rules, Rules on
give the support. ordinary civil actions apply in a suppletory
manner (OR is it the other way? R1 states
Should recipient fail to reimburse said governed by rules on ordinary civil
amounts, the actions, subject to specific rules
prescribed in a special civil action)
- person who provided the same
may likewise Examples:
39
VENUE Real- R4 S1
MOTION TO DISMISS Personal- R4 S2
DEMURRER TO EVIDENCE
PARTS OF A PLEADING S2- Order
Upon filing of the complaint, the court

shall
INTERPLEADER (Rule 62)
- issue an order requiring the
conflicting claimants to interplead
- Initiated by way of complaint
with one another.
S1- When proper If the interests of justice so require,
Whenever
- the court may direct in such order
o that the subject matter be
- conflicting claims upon the same
paid or delivered to the
subject matter
o are or may be made against court.
a person who claims no
interest whatever in the
subject matter or S3- Summons
o an interest in which in whole
or in part is not disputed by Summons shall be served upon the
claimants, conflicting claimants, together with a copy
 he may bring an of the complaint and order.
action against
conflicting litigants
to compel them to
S4- Motion to dismiss
interplead and
litigate their several Within the time for filing an answer, each
claims among claimant may
themselves
- file motion to dismiss on the
NOTE: Person in possession has no legal ground of impropriety of the
interest interpleader action or
- on other appropriate grounds
specified in Rule 16.
Interpleader Intervention The period to file the answer shall be
Rule 61 Rule 19
tolled and if the motion is denied, the
Without leave of With leave of court
court movant may file his answer within the
Original / Special Ancillary to main remaining period, which shall not be
Civil action action less than 5 days in any event,
Filed by complaint If for plaintiff- reckoned from the notice of denial.
for interpleader complaint in (See Rule 16 S4)
intervention
If for defendant-
answer in S5- Answer and other pleadings
intervention
At any time Before judgment Each claimant shall file his answer setting
forth his claim within 15 days from service
of the summons upon him,
JURISDICTION:
- serving a copy thereof upon each
RTC or MTC 20-50 real 300-400 personal
of the other conflicting claimants,
higher lower o who may file their reply
thereto as provided in these
VENUE:
Rules.
40
If any claimant fails to plead within the another proceeding to, annulment of
time therein fixed, the court may, on contract
motion,
- quiet title to real property or
- declare him in default and remove clouds therefrom
- thereafter render judgment barring
him from any claim in respect to - consolidate ownership
the subject matter.
In case of pacto de retro sale or
The parties in an interpleader action may foreclosure of mortgage, not necessarily
file counterclaims, cross claims, 3 rd party owner agad, hence, file for consolidation
complaints and responsive pleading of ownership under this Rule
thereto, as provided in these Rules.
(EXCLUSIVE) hence, if not, then not
subject here
S6- Determination NOTE: DECLARATORY RELIEF is the only

civil action (special vis a vis ordinary) that
After the pleadings of the conflicting can be filed even before breach or
claimants have been filed, and pre trial violation thereof
has been conducted in accordance with
these Rules, JURISDICTION/VENUE:
- the court shall proceed to Declaratory Relief:

determine their respective rights
- RTC- incapable of pecuniary
and adjudicate their several claims.
estimation
Queting of title:
In case of adverse Resolution,
- MTC or RTC 20-50 OMM MM lower
Appeal pursuant to R40-42 higher
Consolidation of ownership:
DECLARATORY RELIEF AND OTHER - RTC- incapable of pecuniary

SIMILAR REMEDIES (R63) estimation
Objective: (R63 S1) Reformation of contracts:
Interpretation/Construction of: - RTC- incapable of pecuniary

estimation
o deed,
o will,
o contract, or
o other written instrument, or Can the SC entertain petition for
declaratory relief?
determining validity of:
NO. BP129- RTC EO Jur, actions incapable
o statute, of pecuniary estimation
o executive order,
o regulation,
o ordinance, or
o any other governmental Requirements:
regulation
S2- Parties
OTHER SIMILAR REMEDIES
All persons who have or claim any interest
CONTEMPLATED which applies the
which would be affected by the
provisions of this Rule:
declaration shall be made parties, and
- reformation of an instrument
- no declaration shall, except as
NOTE: INSTRUMENT, not the elements of provided in these Rules,
the instrument—if such, e subject of
41
o prejudice the rights of by the Commission itself. Unless

persons not parties to the otherwise provided by this Constitution or
action. by law, any decision, order, or ruling of
each Commission may be brought to the
S3- Notice on Sol Gen SC on certiorari by the aggrieved party
within 30 days from receipt of a copy
In any action which involves validity of
thereof.
- statute,
COVERAGE: (R64 S1)
- EO, or
- regulation, or
Judgments, final orders, resolutions of
- any other governmental regulation,
o The Sol Gen shall be notified COMELEC, CoA
by the party assailing the
same and
 shall be entitled to S1- Scope
be heard upon such
question Final orders or judgments of COA and
COMELEC
S4- Local government ordinances

S2- Mode
In any action involving the validity of a
local government ordinance, SC- petition for certiorari under Rule 65
- the corresponding prosecutor or

attorney of the LGU involves shall
be similarly notified and entitled to S3- Time
be heard.
Within 30 days from notice of judgment
If such ordinance is alleged to be
IF M4r denied, filed within remaining
unconstitutional, the Sol Gen shall also be
period and not less than any event
notified and entitled to be heard.
reckoned from notice of the denial
NO FRESH PERIOD RULE, only in 40 41 42

In case of adverse resolution 43 45
- APPEAL R41
o (R40 to RTC if Quieting in
MTC) S4- Docket, lawful fees
Pay, + 500 for costs
REVIEW OF JUDGMENTS AND FINAL

ORDERS OR RESOLUTIONS OF THE
S5- Form/Contents
COMELEC AND COMMISSION ON
AUDIT (Rule 64 [but applying Rule 1. Verified petition, 18 copies, with
65]) certified true copy of judgment
2. Respondent is Comelec or CoA,
Constitutional Basis:
person interested in sustaining
3. Finding of fact supported by
A9A S7 (basis of Rule 64)
substantial evidence, final and non
Each Commission shall decide by majority reviewable
of all its Members in any case or matter 4. State specific material dates
brought before it within 60 days from date showing it was filed on time
5. Accompanied by sworn certification
of its submission for decision or resolution.
against forum shopping
A case or matter is deemed submitted for
6. Proof of service of its copy on
decision or resolution upon the filing of the commission and adverse party, and
last pleading, brief, or memorandum
of payment of docket and other
required by the rules of the Commission or lawful fees
42
of award, final of judgment or final

judgment, order sought to be
S6- order to comment resolution reviewed
With the CA With the SC
- Within 10 days from notice of order
or judgment, by respondent, or
else, dismissed
Grounds for dismissal CERTIORARI, PROHIBITION,

MANDAMUS (Rule 65)
1. Non compliance with form and
contents Constitutional Basis:
2. Non payment of docket and 500 for
costs A8 S1 P2
3. Filed manifestly for delay
4. Questions are too unsubstantial to Judicial Power includes the duty of the
warrant further proceedings courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable, and
to determine whether or not there is grave
S7- Comments of respondents abuse of discretion amounting to lack or
excess of jurisdiction on the part of any
- 18 copies
branch or instrumentality of the
- No other pleading may be filed
government.
unless required or allowed by court
A8 S5 P2
- Review
S8- Effect of filing
- Revise
- Reverse
Filing of certiorari will not stay execution of
- Modify
judgment, FO, resolution sought to be - Affirm
reviewed, unless SC shall direct otherwise o On appeal or certiorari, as
upon such terms as may be just the law or the Rules of Court
may provide, final
Petitioner may apply for TRO or
judgments and orders of
preliminary injunction to stay execution
lower courts in:
6. All cases in which constitutionality

Rule 65 Rule 64 or validity of any
Applies to orders of Applies to a. treaty,
judicial, quasi judgments, final b. international or executive
judicial court or orders, resolutions agreement
tribunals of CoA and c. law
COMELEC d. presidential decree
60 days from denial 30 days from notice e. proclamation
of motion for of judgment or final f. order
reconsideration (AM order or resolution g. instruction
7-7-12-SC) sought to be h. ordinance
reviewed i. regulation
Motion for NOT i. is in question
reconsideration is
required 7. all cases involving the legality of
Petition filed before Petition filed before any
RTC, CA, SC SC a. tax
b. impost
c. assessment
Rule 43 Rule 64 d. toll
Appeal/Petition for Petition for review e. any penalty imposed in
review of decisions of judgments and relation thereto
of Quasi Judicial final orders or
Bodies resolutions of 8. all cases in which the jurisdiction of
COMELEC and CoA any lower court is in issue
15 days from notice 30 days from notice
43
9. all criminal cases in which the wrongful act, in the event that the
penalty imposed is reclusion same unlawfully neglected in the
perpetua or higher performance of ministerial duty or
unlawfully excluded another from
10. all cases in which only an error or use and enjoyment of a right or
question of law is involved office to which such other is
entitled
QUALIFICATIONS in ALL 3:
- that there is no plain, speedy, or

What is the MATERIAL DATES RULE?
adequate remedy in the ordinary
As far as Rule 65 is concerned, the course of law
following material dates must be stated in
the verified petition or else, the petition
would be denied: Certiorari Mandamus Prohibition
discretionary Ministerial Discretionary
1. Notice of the order or judgment and ministerial
2. Date of the filing of the motion for To annul order To order To restrain
performance performance
reconsideration 60 days from receipt of final judgment or order or
3. Date of the denial of the motion for from denial of motion for reconsideration
reconsideration Against entity Against entity Against entity
or person or person or person
exercising j or exercising exercising j, ej,
ej function ministerial ministerial
function function
Certiorari Without or GAD Unlawful Without or GAD
neglect of
ministerial duty
- Special civil action directed to an or excluded
inferior court, tribunal, board or another from a
right or office
officer directing judicial or quasi Correct errors Performance of To restrain or
judicial functions, to annul or of jurisdiction act or desist prevent
from excluding usurpation of
modify proceedings of such court, another from a jurisdiction
tribunal, board or officer in the right or office
event that the same has acted with
grave abuse of discretion
amounting to lack or excess of
jurisdiction
o Seeks to correct errors of
jurisdiction
Errors of Errors of
Prohibition
Jurisdiction Judgment
Court acted with Misapprehension of
- Special civil action directed against
GAD amounting to law or facts by the
any tribunal, board, officer or lack or excess of court
person exercising judicial, quasi jurisdiction
judicial, or ministerial functions, to Action of the court Valid proceeding
desist from further proceedings in Correctible by Correctible by
the event that the same acted with certiorari appeal
grave abuse of discretion Rule 65 Rules 40-43, 45
amounting to lack or excess of
jurisdiction
General Rule: M4R is required to allow the
Mandamus court to correct its errors
- Special civil action directed against Exception:

any tribunal, corporation, board,
1. where the order is a patent nullity,
officer or person, to do the act
as where the court has no
required to be done to protect the
jurisdiction
rights of petitioner and to pay
damages sustained by petitioner 2. where question raised in the
by reason of the respondent’s certiorari proceedings have been
44
duly raised and passed upon by the 6. pay docket and lawful fees, 500 for
lower court, or are the same as costs
those raised and passed upon by
the lower court 7. serve copy upon adverse party or
parties and the court
3. where there is an urgent necessity
for the resolution of the question 8. service and filing to be done
and any further delay would personally, with explanation if not
prejudice the interest of the done personally
government or the petitioner or the
subject of the action is perishable General rule:
4. where under the circumstances, a Certiorari is not a substitute for lost appeal
motion for reconsideration would
be useless Except:
5. where petitioner was deprived of - denial of due process

due process, and there is extreme
urgency for relief - appeal is not a remedy
o no appeal or no plain,
6. where, in a criminal case, relief speedy, adequate remedy
from an order of arrest is urgent
and the granting of such relief by - court without jurisdiction
the trial court is improbable
- when deprived of substantial rights
7. where the proceedings in the lower
court are a nullity for lack of due
process Note: in the cases, in event of denial of
petition, and in exercise of original
8. where the proceeding were ex
jurisdiction, remedy is APPEAL
parte or in which the petitioner had
no opportunity to object MTC to RTC- Rule 40
9. where the issue raised is one RTC to CA- Rule 41 (original), Rule 42
purely of law or where public (appellate)
interest is involved
CA to SC- Rule 45
REQUIREMENTS: The above-stated is the PRINCIPLE OF

HIERARCHY OF COURTS
1. verified petition in 7 legible copies
- superior courts would not take
2. it should be filed not later than 60
cognizance of a case brought
days from notice of judgment,
before it unless the case has been
order or resolution sought to be
decided by the lower courts in the
assailed or from denial of M4R
exercise of its jurisdiction
3. contain full names and addresses
Same principle in certiorari:
of petitioners and respondents,
concise statement of matters MTC to RTC- 60 days
involved, factual background of the
case, grounds relied upon for the RTC to CA- 60 days
relief prayed for
CA to SC- 60 days
4. accompanied by clearly legible
duplicate originals or certified true
copies of award, judgment, order,
65 vs 45 (simplified)
resolution, ruling subject
Rule 65 Rule 45
5. certification against forum
60 days 15 Days
shopping Motion for Not
reconsideration
45
required preparation to file including

Questions of Questions of law certiorari interlocutory orders
jurisdiction
SC, CA, RTC SC
Special civil action Mode of QUO WARRANTO (Rule 66)
appeal/petition for
review - proceeding or writ issued by the
court to determine the right to the
use or exercise of an office,
Rule 65 as amended by Am 7-7-12: position or franchise and to oust
the person holding or exercising
such office, position or franchise if
Sec. 4. When and where to file the
his right is unfounded or if he had
petition.
forfeited his right to enjoy the
The petition shall be filed not later than privilege
sixty (60) days from notice of the
judgment, order or resolution. In case
a motion for reconsideration or new 2 kinds of quo warranto:
trial is timely filed, whether such
motion is required or not, the petition 1. usurpation of public office
shall be filed not later than sixty (60)
days counted from the notice of the 2. dissolution of a de facto
denial of the motion. corporation
If the petition relates to an act or an

Rule 66 S1
omission of a municipal trial court or
of a corporation, a board, an officer An action for usurpation of a public office,
or a person, it shall be filed with the position, or franchise may be commenced
Regional Trial Court exercising by a verified petition brought in the name
jurisdiction over the territorial area of the Republic of the Philippines against:
as defined by the Supreme Court. It
may also be filed with the Court of a. a person who usurps, intrudes into,
Appeals or with the Sandiganbayan, or unlawfully holds or exercises a
whether or not the same is in aid of the public office, position, or franchise
courts appellate jurisdiction. If the petition
involves an act or an omission of a b. a public officer who does or suffers
quasi-judicial agency, unless an act which by provision of law
otherwise provided by law or these constitutes a ground for the
rules, the petition shall be filed with and forfeiture of his office
be cognizable only by the Court of
c. an association which acts as a
Appeals. corporation within the Phils without
being legally incorporated or
In election cases involving an act or an without lawful authority to act
omission of a municipal or a regional trial
court, the petition shall be filed exclusively *Sol Gen commences action (S2, S3)
with the Commission on Elections, in aid of
its appellate jurisdiction. Period: (S11)
Within 1 YEAR
NO MORE EXTENSION OF TIME IS GIVEN - after cause of ouster or right of

TO FILE CERTIORARI! petitioner to hold such office, or
position arose
Within 1 YEAR (action for damages)
- after entry of judgment

M4R based on M4R based on establishing petitioner’s right to the
Rule 65 Rule 37 office in question
Of interlocutory Of final judgment or
order, as final order, not in short...
46
within 1 YEAR from usurpation of public

office
Jurisdiction: RTC, incapable of pecuniary
REMEDY IF DENIED: Appeal estimation (BP129)
Venue: Where the property is located
Jurisdiction and Venue: Basis: (action involving title to or real

property under R4 S1)
RTC, CA, SC
CANNOT BE FILED WITH SC, because
If Solicitor General files- RTC, CA, SC under EO jur of RTC
If other person files- R4 S1 R4 S2
NOTE: Expropriation is an instance where

multiple appeals are filed (30 day record
Quo Warranto Quo Warranto
on appeal in case of multiple appeal)
Election Code Rule 66
Election Code Rules of Court
Why? 3 orders issued under Rule 67:
COMELEC, RTC. MTC RTC, CA, SC
Omnibus Election Basis: A8 Consti, 1. order of compensation
Code R66 2. order of expropriation
Not Subject to BP129 3. final order of just compensation
Can be filed with Cannot be filed with
MTC MTC
Contest right of Show title to public
elected public office or exercise Remedy of person after
officer to hold public franchise
expropriation, no payment made:
public office
Ineligibility or Usurpation, - recover property from expropriator
disqualification of forfeiture, illegal
within 5 years after non payment
person elected to association
hold the office
Within 10 days after Within 1 year from
proclamation of usurpation of office
FORECLOSURE OF MORTGAGE (Rule
candidate
Filed by any voter Filed by government 68)
or person entitled to
the office (Tan, Handbook on Civil Procedure and
pleadings, pp 142-145)
Foreclosure
Expropriation (Rule 67) - action by which a mortgagee or

pledge or any other lien holder cuts
Eminent Domain- right and authority of off the right of debtor whose
the State to acquire private property for property is pledged, because of
public use upon observance of due default in meeting the obligation
process and payment of just
compensation Foreclosure of Mortgage
Expropriation- procedure to be observed - termination of all the rights of the

in the exercise of the right of eminent mortgagor in the property covered
domain by the mortgage
Constitutional Basis: Manner of foreclosure of mortgage:
A3 S9 Rule 68 S1
Private property shall not be taken for Contents of action:

public use without payment of just
1. date and due execution of
compensation
mortgage
47
2. assignments, if any - Here, under b, deemed to have

waived his right to proceed against
3. names and residences of the property in a foreclosure
mortgagor and mortgagee proceeding
4. description of mortgaged property
5. statement of date of the note or Right of Equity of

other documentary evidence of the Redemption Redemption
obligation secured by the mortgage Exists in EJ Exists in J
foreclosure foreclosure
6. amount claimed to be unpaid By mortgagee By mortgagor
thereon within 1 year from during not less than
registration of the 90 days nor more
7. names and residences of all sale in the Office of than 120 days from
persons having of claiming interest the Registry of entry of judgment
in the property subordinate in right Deeds or foreclosure or
even after
to that of the holder of the
foreclosure sale but
mortgage, all of whom shall be before judicial
made defendants in the action confirmation of the
same
Nature of Action:
J Foreclosure, no right of redemption,
- QUASI IN REM
except only if morgagee is a bank
- Service of summons by publication
Jurisdiciton/Venue:
PARTITION (Rule 69)
MTC-RTC 20-50 OMM MM lower higher
(Tan, Handbook on Civil Procedure and
Where real property or portion thereof is
situated (R4 S1)
- Separation, division, assignment of
a thing held in common among
Classification of Foreclosure of Mortgage: those to whom it may belong
1. JUDICIAL FORECLOSURE Classes of partition:
To have the property seized and sold by 1. Voluntary- division of property by

the court order to the end that the the act of the parties themselves
proceeds thereof be applied to payment of
2. Compulsory- partition by judicial
plaintiff’s claim
proceedings at the instance of one
2. EJ FORECLOSURE or more of the co tenants without
regard to the wishes of the other co
Possession of property sold may be given tenants
to purchaser by sheriff after the period of
redemption had expired, unless there is a
third person actually holding the property Kinds of Partition
adversely to the mortgagor
1. Total- all the things are divided
among the participants
Remedies of Mortgagee in case of default 2. Partial- when some of the things

of mortgagor/waiver of right to foreclose: are divided, the rest remaining in
community ownership
a. Judicial or extrajudicial foreclosure
3. Provisional- when it is temporary
of mortgage
or conditional, until a final or
b. Filing of ordinary action to collect definite division is made
debt
48
4. Definite- when the resulting Real Action + Action in personam- involves

division is permanent, final, and possession of real property, binding upon
absolute the parties
5. Judicial- takes place when court NOTE: 3 kinds of recovery of real property
intervenes and approves the
petition 1. Accion interdictal- summary
action for recovery of physical
6. Extrajudicial- division may be possession of the property where
made by testator himself or by dispossession has lasted for more
some person named by deceased than 1 year; FE or UD
or amicably by interested heirs by
common agreement (Rule 74 S1) 2. Accion publiciana- plenary action
for recovery of real right of
R69 S1 POSSESSION
A person having the right to compel 3. Accion reivindicatoria- action for

partition of real estate may do so as recovery of OWNERSHIP
provided in this Rule, setting forth in his
complaint the nature and extent of his title Ejectment- form of action by which
and an adequate description of the real possessory titles to corporeal
estate of which partition is demanded and hereditariments may be tried and
joining as defendants all other persons possession obtained which lies to regain
interested in the property possession of real property, with damages
for illegal detention
Covers: REAL or PERSONAL PROPERTY
2 kinds: FE and UD
Jurisdiction/Venue:
Forcible Entry Unlawful Detainer
MTC RTC 20-50 300-400 OMM MM lower Person in physical Withholding by a
higher possession of land person of
was deprived of possession of land
R4 S1 R4 S2 possession through or building
FISTS
Unlawful ab initio Legal but becomes
illegal
In case of adverse resolution: Not require demand Pay AND vacate;
to vacate jurisdictional
MULTIPLE APPEALS- 30 day record on Prove prior No need to prove
appeal (R69 S2) possession until prior physical
deprived possession
Why? (tingin ko lang) 1 y from date of 1 year from date of
actual entry on land last demand
Orders under Rule 69:
1. Order of partition Filed by: R70 S1

2. Order of accounting
Person deprived of possession of land or
building by FISTS, or lessor, vendor,
vendee, other person against whom
NOTE: Partition is one mode of settlement possession of any land or building is
of estate of the deceased (relate to R75- unlawfully withheld
77)
Jurisdiction/Venue:
FORCIBLE ENTRY AND UNLAWFUL
DETAINER (Rule 70 in relation to MTC of the place where property or portion
Rules on Summary Procedure) thereof is situated (R4 S1)
(issue is that of possession) Proceedings SUMMARY IN NATURE! (Rules

on Summary Procedure)
49
Pertinent Provisions of the Rules on and AF claimed for being excessive or

Summary Procedure: otherwise unconscionable. This is without
prejudice to applicability of R15 S4 of the
(note the same... applies to all cases Rules of Court, if there are 2 or more
subject to Rules on Summary Procedure, defendants.
ESPECIALLY PROHIBITED PLEADINGS AND
MOTIONS)
S7- Preliminary conference; appearance of
S3- Pleadings parties
Not later than 30 days after the last
The only pleadings allowed to be filed are answer is filed, a preliminary conference
the: shall be held. The rules on pre trial in
ordinary cases shall be applicable to the
1. Complaints preliminary conference unless inconsistent
2. Compulsory counterclaims with the provisions of this Rule.
3. Cross claims pleaded in the answer
4. Answers thereto The failure of the plaintiff to appear in the
preliminary conference shall be cause for
dismissal of the complaint. The defendant
VERIFIED!
who appears in the absence of plaintiff
shall be entitled to judgment on his
S4- Duty of the Court
counterclaim in accordance with S6
After the court determines that the case
hereof. All cross claims shall be dismissed.
falls under summary procedure, it may,
from an examination of the allegations
If a sole defendant shall fail to appear, the
therein and such evidence as may be
plaintiff shall be entitled to judgment in
attached thereto, dismiss the case
accordance with S6 hereof. This Rule shall
outright on any of the grounds apparent
not apply where one of 2 or more
therefrom for the dismissal of a civil
defendants sued under a common cause
action. If no ground for dismissal is found
of action who had pleaded a common
it shall forthwith issue summons which
defense shall appear at the preliminary
shall state that the summary procedure
conference.
under this Rule shall apply.
S8- Record of Preliminary Conference

S5- Answer
Within 5 days after the termination of the
Within 10 days from service of summons,
preliminary conference, the court shall
the defendant shall file his answer to the
issue an order stating the matters taken
complaint and serve a copy thereof on the
up therein, including but not limited to:
plaintiff. Affirmative and negative
defenses not pleaded therein shall be a. Whether the parties have arrived at
deemed waived, except for lack of an amicable settlement, and if so,
jurisdiction over the subject matter. Cross the terms thereof
claims and compulsory counterclaims not
asserted in the answer shall be considered b. The stipulations or admissions
barred. The answer to counterclaims or entered into by the parties
cross claims shall be filed and served
within 10 days from service of the answer c. Whether, on the basis of the
in which they are pleaded. pleadings and the stipulations and
admissions made by the parties,
judgment may be rendered without
- Within 10 DAYS from service of the need of further proceedings, in
summons
which effect the judgment shall be
o Rule 70 rendered within 30 days from
o Summ Pro issuance of the order
S6- Effect of Failure to answer d. A clear specification of material

Should the defendant fail to answer the facts which remain controverted
complaint within the period above
provided, the court, motu proprio or on e. Such other matters intended to
motion of the plaintiff, shall render expedite the disposition of the case
judgment as may be warranted by the
facts alleged in the complaint and limited
to what is prayed for therein. Provided, S9- Submission of affidavits and position
however, that the court may in its papers
discretion reduce the amount of damages
50
Within 10 days from receipt of the order e. Motion for extension of time to file
mentioned in the next preceding section, pleadings, affidavits, or any other
the parties shall submit the affidavits of paper
their witnesses and other evidence on the
factual issues defined in the order, f. Memoranda
together with their position papers setting
forth the law and the facts relied upon by g. Petition for certiorari, mandamus,
them. or prohibition against any
interlocutory order issued by the
court
S10- Rendition of judgment h. Motion to declare defendant in

Within 30 days after receipt of the last default
affidavits and position papers, or the
expiration of the period for filing the same, i. Dilatory motions for postponement
the court shall render judgment.
j. Reply
However, should the court find it
necessary to clarify certain material facts, k. Third party complaints
it may, during the said period, issue an
order specifying the matter to be clarified, l. Interventions
and require the parties to submit affidavits
or other evidence on the said matters
within 10 days from receipt of said order.
Judgment shall be rendered within 15 days S20- Affidavits
after the receipt of the last clarificatory The affidavits required to be submitted
affidavits, or the expiration of the period under this Rule shall state only facts of
for filing the same. direct personal knowledge of the affiants
which are admissible in evidence, and
The court shall not resort to the shall show their competence to testify to
clarificatory procedure to gain time for the the matters stated therein.
rendition of the judgment.
A violation of this requirement may
subject the party or the counsel who
submits the same to disciplinary action,
S18- Referral to Lupon and shall be cause to expunge the
inadmissible affidavit or portion thereof
Cases requiring referral to the Lupon from the record.
under the provisions of PD1508 where
there is no showing of compliance with S21- Appeal
such requirement, shall be dismissed The judgment or final order shall be
without prejudice and may be revived only appealable to the appropriate RTC which
after such requirement shall have been shall decide the same in accordance with
S22 of BP129. The decision of the RTC in
complied with.
civil cases governed by this Rule including
forcible entry and unlawful detainer, shall
be immediately executor, without
prejudice to a further appeal that may be
S19- Prohibited pleadings and motions
taken therefrom. S10 of Rule 70 shall be
The following pleadings, motions, or
deemed repealed.
petitions shall not be allowed in the cases
covered by this Rule:
a. Motion to dismiss the complaint or - 15 DAYS from notice of judgment or

to quash the complaint or
final order, notice of appeal + bond
information except on the ground
of lack of jurisdiction over the to RTC
subject matter, or failure to comply o NO M4R (prohibited
with the preceding section pleading)
b. Motion for a bill of particulars However, if RTC decision adverse, (in

exercise of appellate jurisdiction), M4R
c. Motion for new trial, or for pwede na
reconsideration of a judgment, or
for opening of trial - MTC Summary Procedure, only up
to MTC level lang
d. Petition for relief from judgment o Once the case was elevated
to RTC, it is no longer
51
summary, but is governed

by rules on Ordinary Civil
Actions 2 classifications of contempt:
1. Direct Contempt (R71 S1)

2. Indirect Contempt (R71 S2)
Injunction in FE and UD:
Forcibly Entry / UnlawFul Detainer- YES

DISCUSSION:
R70 S15
1. DIRECT CONTEMPT (S1)
Court may grant preliminary injunction, in
accordance with the provisions of R58 - A remedy
thereof, to prevent defendant from
Acts covered:
committing further acts of dispossession
against plaintiff. - Misbehaviour in presence of or so
near the court as to obstruct or
A possessor deprived of possession
interrupt proceedings before the
through Fe or UD may, within 5 days from
same
filing of complaint, present a motion in the
action for FE UD for issuance of writ of - Disrespect toward the court
preliminary mandatory injunction to
restore him in his possession. The court - Offensive personalities towards
shall decide the motion within 30 days people in court
from filing thereof
- Refusal to be sworn or to answer as
R70 S20 a witness
Upon motion of plaintiff, within 10 days - Refusal to subscribe an affidavit or

from perfection of appeal to the RTC, the deposition when lawfully required
latter may issue a writ of preliminary to do so
mandatory injunction to restore plaintiff in
possession if the court is satisfied that Punishment:
- defendant’s appeal is frivolous or (RTC/of equivalent or higher rank)

dilatory, or
- that the appeal of plaintiff is prima F: not exceeding 2k OR
facie meritorious
I: not exceeding 10 days, OR BOTH
(lower court)
CONTEMPT (Rule 71)
F: not exceeding 200
pleadings, pp 162-166) I: not exceeding 1 day, OR BOTH
Contempt Remedy: CERTIORARI or PROHIBITION (R71

S2)
- wilful disregard or disobedience to
court, acting in opposition to
authority, justice, dignity
2. INDIRECT CONTEMPT (S3)
Contempt of Court
- Main / Original action
o Can be filed in RTC or MTC
- conduct which tends to bring
authority and administration of law
Actions covered:
into disrespect or to interfere with
or prejudice parties litigant or their a. Misbehaviour of an officer of
witnesses during litigation a court in the performance
52
of his official duties or in his

official transactions
Direct Contempt Indirect Contempt
b. Disobedience of or In presence of a
resistance to a lawful writ, judge, motu proprio
or upon motion
process, order, judgment of
Cant initiate Initiate
a court, including act of
In presence or so Not in presence of
person who, after being near judge judge, disobey court
dispossessed or ejected order
from any real property Rem: certiorari Rem: appeal
by the judgment or remedy Original action
process of any court of
competent jurisdiction,
enters or attempts or
induces another to enter
Upon filing of complaint, plaintiff may opt
into or upon such real
to file notice of lis pendens with the
property, for the purpose
register of deeds
of executing acts of
ownership or possession,
or in any manner
disturbs possession Notice of Lis Pendens
given to the person
adjudged to be entitled “buyer beware”
Notice to buyer of existence of an
thereof
adverse claim
Note highlighted: case in MTC It is not a pleading
There is need to register it with the
where case is pending
- If after ejectment, re entered the register of deeds
property, indirect contempt (relate
to Rule 70)
Rule 13
c. Any abuse of or any
unlawful interference with Section 14
the processes or
proceedings of the court not In an action affecting the title or the right
constituting direct contempt of possession of real property, the plaintiff
as under S1 and the defendant, when affirmative relief
is claimed in his answer, may record in the
d. Improper conduct tending, office of the registry of deeds of the
directly or indirectly, to province in which the property is situated
impede, obstruct, degrade
administration of justice a notice of the pendency of the action
e. Assuming to be an attorney Said notice shall contain the names of the

or officer of the court and parties and the object of the action or
acting as such without defense, and a description of the property
authority in that province affected thereby
f. Failure to obey subpoena Only from the time of filing such notice for
duly served record shall
g. The rescue, or attempted a purchaser,

rescue, of a person or
property in the custody of or encumbrancer
an officer by virtue of an
of the property affected thereby,
order or process of a court
held by him be deemed to have constructive notice of
the pendency of the action, and
Remedy: (R71 S11)
only its pendency against the parties
Appeal to proper court as in criminal cases
designated by their real names
53
How is it done?
The notice of the lis pendens hereinabove Personal Service

mentioned
R13 S6
may be cancelled
Service of papers may be made
only upon order of the court,
By delivering personally a copy to
after proper showing that the party or his counsel or
By leaving it in his office with the
the notice is for the purpose of molesting clerk or a person having charge
the adverse party, or thereof
that it is not necessary to protect the If no person is found in his office or his
rights of the party who caused it to be office is not known or he has no office,
recorded then,
By leaving the copy between the

hours of 8 in the morning and 6 in
FILING AND SERVICE of the the evening at the party’s or
pleading counsel’s residence, if known, with
a person of sufficient age and
Differentiate: Filing from service
discretion then residing therein
R13 S2
NOTE: NO TENDERING under Rule 13 S6!
Filing is the act of presenting the
Sa summons lang yon, when
pleading or paper to the clerk of
defendant refuses to accept the
court.
same
Service is the act of providing a party
Service by mail
with a copy of the pleading or paper
concerned. R13 S7
Service by registered mail shall be made

by
What are the papers required to be
filed and served under Rule 13? depositing the copy in the post
office,
(PAMNOJDORS)
in a sealed envelope
plainly addressed to the party or
Pleading subsequent to the
his counsel at his office, if known,
complaint
otherwise, at his residence, if
Appearance
Written Motion known,
Notice with postage fully prepaid and with
Order instructions to the postmaster to
Judgment return the mail to the sender after
Demand 10 days if undelivered
Offer of judgment
Resolution If no registry service is available in the
Similar papers locality of either in the sender or the
addressee, service may be done by
ordinary mail.
What are the modes of service of
pleading? (R13 S5)
IF defendant refuses both modes of
Personal Service (R13 S6)
Service by Registered Mail (R13 S7) service, resort to:
Substituted Service (R 13 S8)
Substituted Service
R13 S8
54
If service of pleadings, motions, notices, Personal Service (R13 S10)

resolutions, orders, or other papers cannot
be made under the 2 preceding section, Personal service is complete upon
the office and place of residence of the actual delivery or by handling a copy
party or his counsel being unknown, to defendant
service may be made by:
Service by mail (R13 S10)
Delivering the copy to the clerk of
Service by ordinary mail is complete
court, with proof of failure of both
upon the expiration of 10 days after
personal service and service by
mailing, unless the court otherwise
mail
provides.
The service is complete at the time of
Service by registered mail is complete
such delivery.
upon actual receipt by the addressee
or after 5 days from the date he
received the first notice of the
Note: Wag ipaghalo ang provisions ng Rule postmaster, whichever date is earlier.
13 and Rule 14!!!
Substituted Service (R13 S8)
Substituted service is complete at the

Effect of non compliance with personal time of delivery of the copy to the
service? clerk of court, with proof of failure of
both personal service or service by
Note: Service other than personal service mail.
R13 S11 What is constructive service of

pleading?
Whenever practicable, the service and
filing of pleadings and other papers shall R13 S10
be done personally.
Service by registered mail is complete..
Except with respect to papers emanating
from the court, a resort to other modes ..after 5 days from the date he received
must be accompanied by a written the notice of the postmaster, whichever
explanation why the service or filing was date is earlier
not done personally.
A violation of this rule may be cause to

consider the paper as not filed. FILING- Rule 13 S1- with the office with the
clerk of court
Required in ALL INITIATORY

State in detail: Effects PLEADINGS
1. A violation of this rule may be + PAYMENT OF THE REQUISITE DOCKET

cause to consider the paper as not FEES (See Rule 1 Section 5)
filed (R13 S11)
2. The pleading/paper would not be Pag kulang, court to order correct
admissible in court payment
3. Would not toll the running of the NOTE: Docket fees are suspended
reglementary period in compulsory counterclaims (SC
4. In case of defendant, it will NOT Resolution 9-21-04)
RESULT in defendant being
declared in default
5. Rather, the pleading produces no
IF you cannot pay docket fees,
legal effect
REMEDY?
File a motion to be declared as

When is service deemed completed? pauper litigant (R3 S21)
55
R3 S21- A party may be authorized to After filing of the complaint and the
litigate his action, claim, or defense as an payment of the requisite legal fees,
indigent if the court, upon an ex parte
application and hearing, is satisfied that
III. SERVICE OF SUMMONS
the party is the one who has no money or
property sufficient and available for food, Summons
shelter, and basic necessities for himself
and his family Writ or process in the name of the
RP, issued by the Branch clerk of
court informing the defendant of
the filing of the case against him,
Such authority shall include
to file an answer within the
an exemption from payment of reglementary period, or else, be
declared in default
- docket and
- other lawful fees, and Office of the Clerk Branch Clerk of
- of transcript of stenographic notes of Court Court
which the court may order to be furnished Office Person

him
Receives complaint Serves summons
The amount of docket and other lawful and payment of the upon the defending
fees which the indigent was exempted docket fees party
from paying
- shall be a lien on any judgment

rendered in the case favorable to 2 kinds of summons:
the indigent,
1. Original Summons- issued by the
o unless the court otherwise
branch clerk of court to the
provides
defendants upon the filing of the
complaint and the payment of the
requisite docket fees
Any adverse party
2. Alias Summons- issued by the
may contest the grant of such authority branch clerk of court upon motion
of the plaintiff in case the
at any time before the judgment is summons are lost, destroyed,
rendered by the trial court improperly served, or there is
defect in the manner or form of
If the court should determine after hearing
service
that the party declared as an indigent is in
fact a person with sufficient income or
property, Summons Subpoena
the proper docket and other lawful fees a writ or a process (R21 S1)
shall be issued to a
defending party by A process directed
assessed and collected by the clerk of the clerk of court, to a person
court delivered by a requiring him to
sheriff, his deputy, attend and to testify
If payment is not made within the time at the hearing or
or proper court
fixed by the court, trial of an action, or
office, or any
suitable person at any investigation
execution shall issue or the payment
authorized by the conducted by
thereof,
court issuing the competent authority
without prejudice to such other sanctions summons, with the or for the taking of
as the court may impose purpose of his deposition.
obtaining (Subpoena ad
jurisdiction over the testificandum)
person of the
56
defendant and
giving him notice
that an action has A process directed IN PERSONAM
been commenced to a person
requiring him to Service in person
against him Substituted service
bring with him any
books, documents, IN REM
or other things
under his control Service in person
(Subpoena duces Substituted Service
tecum) Publication
Extraterritorial Service
Purpose is to obtain Order for a person
jurisdiction over to appear and to QUASI IN REM
person of testify at a hearing,
Service in person
defendant, and to action,
Substituted service
give notice to investigation, or for Publication
defendant that an taking of his
action has been deposition OR to
commenced against produce books,
him, ordering documents, or other Can you serve summons by mail?
defendant to things under his
NO
answer the control (R21 S1)
complaint within
the time fixed by
these Rules, and How to serve summons?
unless defendant
answers, plaintiff Service in person on defendant
will take judgment (R14 S6)
by default and may
The summons shall be served by handing
be granted the
a copy thereof to the defendant in person.
relief applied for
(R14 S2)
Served on the May be served to a Tendering summons to

defendant non-party defendant (R14 S6)
Does not need Needs tender of
In case defendant refuses to receive or
tender of kilometrage,
sign for it, by tendering it to him, done
kilometrage and attendance fee, and
through:
other fees reasonable cost of
production fee 1. Leaving copy of the summons to
the defendant who refuses to
Original or alias Ad testificandum or
receive it
duces tecum
Upon filing of the During trial or 2. The officer serving the summons
complaint and investigation shall make an affidavit addressed
payment of to the court stating that the time,
requisite docket place, manner of service of
fees summons, and that despite efforts
to try and serve the summons in
person on defendant, the same
refused to receive it, as well as the
Note: significant to know whether the manner of non-receipt
action is in personam, in rem, or quasi in
rem—for purpose of service of summons
Substituted Service of
Summons on defendant (R14
FE and UD- in personam actions S7)
57
Requisites; 2. When defendant does not reside

and is not found in the Philippines,
Impossibility of the personal and the action: (AREA—R14 S15)
service of summons within a
reasonable time - Affects personal status of the
The efforts exerted to locate the plaintiff or
person to be served - Relates to, or the subject of which,
is property within the Philippines in
To whom served / how? which defendant has or claims a
lien or interest, actual or
By leaving copies of the summons at:
contingent, or
- In which the relief demanded
1. Defendant’s residence with some
consists, wholly or in part, in
person of suitable age and
Excluding the defendant from any
discretion then residing therein or
2. By leaving the copies at interest therein or
- The property of the defendant has
defendant’s office or regular place
been Attached within the
of business with some competent
Philippines
person in charge thereof
3. When defendant ordinarily resides
Through process server or upon motion-
in the Philippines but who is
by service of summons by substituted
temporarily out of it (R14 S16)
service
How is a person deemed of suitable

age and discretion? Can there be personal service of
summons in in rem actions?
1. Of legal age
2. With sufficient knowledge and
Yes. R14 S15 states that when defendant
comprehension that what he is
does not reside and is not found in the
receiving on behalf of defendant
Philippines, and the action affects the
are summons notifying defendant
personal status of the plaintiff or relates
that a suit was brought against the
to, or the subject of which, is property
same, AND PREFERABLY KNOWS
within the Philippines in which defendant
HOW TO SPEAK ENGLISH
has or claims a lien or interest, actual or
contingent, or in which the relief
demanded consists, wholly or in part, in
Service by publication in a excluding defendant from any interest
newspaper of general therein, or the property of defendant has
circulation been attached within the Philippines,
service may, by leave of court, be effected
R14 S15 out of the Philippines by:
Service by leave of court by publication in 1. Personal service as under S6**

a newspaper of general circulation in such
place and for such time as the court may 2. By publication in a newspaper of
order, in which case a copy of the general circulation in such places
summons and order of the court shall be and for such time as the court may
sent by registered mail to the last known order, in which case a copy of the
address of the defendant. summons and order of the court
shall be sent by registered mail to
the last known address of
defendant, or
Suffices under the following instances:
3. In any other manner the court may
1. Upon defendant designated as
deem sufficient
unknown owner or the like, or
whenever his whereabouts are
unknown and cannot be
ascertained by diligent inquiry (R14 Substituted Service vs Extraterritorial
S14) Service of Summons
58
Substituted Extraterritorial
Service Service
Defective service of summons, remedy:
Requisites; Arises in case
defendant is non M2D Rule 16 S1a, that the court has no
Impossibility of the resident, in abroad, jurisdiction over the person of the
personal service of defending party
action in rem, by
summons within a
reasonable time way of personal
service outside of
The efforts exerted Phils, by publication 3 options of the court:
to locate the person in a newspaper of
to be served general circulation, 1. GRANT M2D- as plaintiff, refile the
or in any other case, unless tainted with grave
manner the court abuse of discretion
To whom served /
may deem sufficient
how? 2. DENY M2D
By leaving copies of As defendant, following Rule 16 S4, I will
the summons at: file an answer within the balance of the
period prescribed by Rule 11 to which I am
Defendant’s
residence with entitled at the time of serving my motion,
some person of but not less than 5 days in any event,
suitable age and computed from my receipt of notice of
discretion then denial. Then proceed with the trial, and
residing therein or when the decision is adverse against me, I
will file an appeal assigning as error the
By leaving the
denial of the motion to dismiss. And when
copies at
defendant’s office the denial is tainted with grave abuse of
or regular place of discretion amounting to lack or excess of
business with some jurisdiction on the part of the court, I will
competent person file for certiorari under Rule 65.
in charge thereof
Through process 3. ISSUANCE OF ALIAS SUMMONS

server or upon
motion- by service
of summons by
Can Rule 16 S1a be a ground for Motion to
substituted service
dismiss under Rules on Summary
Procedure?
YES. General rule, motion to dismiss not

allowed, except #1 instance, lack of
R14 S14 jurisdiction over the person of the
defending party (RULES ON SUMMARY
In any action where the defendant is
PROCEDURE)
designated as an unknown order, or the
like, or whenever his whereabouts are Reason: the court cannot proceed with the
unknown and cannot be ascertained by case without jurisdiction over the person
diligent inquiry, service may, by leave of of the defending party
court, be effected upon him by
publication in a newspaper of general Exception to exception: SMALL CLAIMS
circulation and in such places and for
such time as the court may order.
- Instance where in personam, yet To whom summons are made?

publication is allowed (exception to
the general rule)
o Identity is unknown or 1. Ordinary defendant
whereabouts are unknown
59
Upon an entity without juridical NOTE: the LIST IS EXCLUSIVE!!!!!

personality
Service upon foreign private
R14 S8 juridical entity
When persons associated as an entity R14 S12

without a juridical personality are sued
under the name by which they are When the defendant is a foreign private
generally or commonly known, service juridical entity which has transacted
may be effected upon all the business in the Philippines, service may be
defendants by serving upon any one made on its resident agent designated in
of them, or upon the person in charge accordance with law for that purpose, or, if
of the office or place of business there be no such agent, on the
maintained in such name. But such government official designated by law to
service shall not bind individually any that effect, or on any of its officers or
person whose connection with the entity agents within the Philippines.
has, upon due notice, been severed before
the action was brought.
Service upon public
corporations
Upon Prisoners
R14 S13
R14 S9
When the defendant is the Republic of the
When defendant is a prisoner confined in a
Philippines, service shall be made on
jail or institution, service may be effected
the Solicitor General; in case of a
upon him by the officer having the
province, city or municipality, or like public
management of such jail or
corporations, service may be effected
institution who is deputized as a
on its executive head, or on such
special sheriff for said purpose.
other officer or officers as the law or
the court may direct.
Upon Minors and Incompetents
R14 S10 Service upon defendant whose

identity or whereabouts are
When defendant is a minor, insane, or unknown
otherwise an incompetent, service shall be
made upon him personally or on his
legal guardian if he has one, or if
R14 S14
none, upon his guardian ad litem
whose appointment shall be applied In any action where the defendant is
for by the plaintiff. In case of a minor, designated as an unknown order, or the
service shall be made on his father or like, or whenever his whereabouts are
mother. unknown and cannot be ascertained by
diligent inquiry, service may, by leave of
court, be effected upon him by
Upon domestic private juridical publication in a newspaper of general
entity circulation and in such places and for
such time as the court may order.
R14 S11
When the defendant is a corporation,

partnership, or association organized Extraterritorial Service
under the laws of the Philippines without a
R14 S15
juridical personality, service may be made
on the President, Managing Partner, When the defendant does not reside and
General Manager, Corporate is not found in the Philippines, and the
Secretary, Treasurer, or In House action affects the personal status of
Counsel plaintiff or relates to, or the subject of
60
which, is property within the Philippines, in As far as amendment of the pleading, is

which the defendant has or claims a lien summons required to be served?
or interest, actual or contingent, or in
which the relief demanded consists, wholly YES, in the following instances:
or in party, in excluding defendant from
1. Substantial not merely formal
any interest therein, or the property of the
amendment
defendant has been attached within the
Philippines, service may, by leave of court, 2. Other parties are impleaded
be effected out of the Philippines by
personal service as under S6; or by 3. With respect to third party
publication in a newspaper of general complaint, serve upon third party
circulation in such places and for defendant (relate to R6 S11)
such time as the court may order, in
which case a copy of the summons 4. With respect to fourth party
and order of the court shall be sent complaint, serve upon 4th party
by registered mail to the last known defendant (relate to R6 S11)
address of the defendant, or in any
other manner the court may deem
NOT in:
sufficient. Any order granting such
leave shall specify a reasonable time, 1. Complaint in intervention- because
which shall not be less than 60 days third person submitted to
after notice, within which the jurisdiction of the court
defendant must answer.
2. Not in permissive counterclaim-
because defendant aka original
plaintiff is already a party to the
Upon residents temporarily out
action, jurisdiction over him in
of the Philippines
original complaint was already
R14 S16 taken from the start
When any action is commenced against a 3. In case of formal not substantial

defendant who ordinarily resides within amendments
the Philippines, but who is temporarily out
of it, service may, by leave of court, be
also effected out of the Philippines, May bayad ba summons?
as under the preceding section.
WALA!
Pag pinaserve mo sa process server,

If summons cannot be served because non meron, but not required (abutan mo na
resident, unknown, or out of the Phils, as lang para hindi kawawa, sige ka, baka
plantiff, what is your remedy? hindi i serve)
Convert action in personam to quasi in

rem
Relate Rule 14 to Rule 57
A vs B Corporation, action for sum of
money. Amend the complaint, action for Order of attachment, writ of
sum of money WITH ATTACHMENT OF attachment, issued ex parte
PROPERTY. Hence, summons by
publication can already be made. To implement, serve summons
Court acquires jurisdiction over the

RES
Because nature of the case has
become quasi in rem Ex parte issuance of preliminary
injunction
To implement, serve summons
(relate to Rule 10)
61
Court not to issue injunction unless there

is invalid service of summons Motion for Bill of Particulars (Rule
12)
Notice and hearing
Motion to amend the pleading (Rule
10)
EXCEPTION TO SERVICE OF SUMMONS: Motion for Extension of Time to File

Responsive Pleading (Rule 11)
Voluntary appearance
Motion for Summary Judgment
1. Filed responsive pleading (Rule 35)
2. Submitted to jurisdiction of the
court,
Order of Default/Judgment by
EXCEPT: Default (Rule 9)
When questioning the jurisdiction
of the court
ONE-AT-A-TIME,
Rule 14 S20
A. MOTION TO DISMISS (Rule 16)
S20- Voluntary appearance
The defendant’s voluntary appearance

shall be equivalent to service of summons. Motion to dismiss
The inclusion in a motion to dismiss of
other grounds aside from lack of A motion to dismiss in an
jurisdiction over the person of the application for relief filed by an
defendant shall not be deemed a original defendant, a defendant in
voluntary appearance. a permissive counterclaim, cross
claim, 3rd 4th etc party complaint,
complaint in intervention, filed
within the time for but before filing
Can the court dismiss a case motu the answer to the complaint or
proprio for lack of jurisdiction over pleading asserting a claim
the person of the defending party for After service of summons, before
defective service of summons? filing of a responsive pleading
NO! NOTE: Motion to dismiss is not a pleading!

It is not a responsive pleading! Hence, if
Dismissal shall only be by MOTION!
there is motion to dismiss, the complaint
Motion to dismiss
may still be amended as a matter of right
Rule 9 S1 (relate to Rule 16) provides for even if there is a motion to dismiss!
the following instances when the court
may dismiss a case motu proprio:
Grounds for motion to dismiss:
Lack of jurisdiction over the subject
matter Rule 16 S1 states that within the time for
Litis pendencia
but before filing the answer to the
Res judicata
Prescription complaint or pleading asserting a claim, a
motion to dismiss may be made on basis
DOES NOT INCLUDE: lack of jurisdiction of the following grounds:
over the person of the defending party
(Wala to!) a. That the court has no
jurisdiction over the person of
the defending party
After service of summons, Relate to R14
IV. REFER TO THE FOLLOWING: Jurisdiction over defendant may be

acquired by: voluntary appearance or by
Motion to Dismiss (Rule 16)
62
valid service of summons, except if of the court, file for certiorari under Rule
appearance is to question the jurisdiction 65.
of the court
GRANTED: c. That venue is improperly laid
Refile Note: Rule 4

Move for alias summons
GRANTED:
DENIED:
Refile, except if GAD, then
File an answer within the balance of the certiorari Rule 65
period prescribed by Rule 11 to which
entitled at the time of serving motion, but DENIED:
not less than 5 days in any event,
computed from receipt of notice of denial.
Then proceed with the trial, and when the
entitled at the time of serving motion, but
decision is adverse, file an appeal
assigning as error the denial of the motion
to dismiss. And when the denial is tainted
with grave abuse of discretion amounting
to lack or excess of jurisdiction on the part
of the court, file for certiorari under Rule
65.
b. That the court has no 65.
jurisdiction over the subject
matter of the claim
NOTE: d. That plaintiff has no legal

capacity to sue
Subject matter (BP129- conferred
by law) GRANTED:
Exclusive original jurisdiction of
Refile
courts, if not within, then M2D is
proper DENIED:
GRANTED: File an answer within the balance of the
- Refile + docket fees OR
- Amend complaint to confer entitled at the time of serving motion, but
jurisdiction (no need for docket not less than 5 days in any event,
fees) computed from receipt of notice of denial.
DENIED: decision is adverse, file an appeal
File an answer within the balance of the to dismiss. And when the denial is tainted
period prescribed by Rule 11 to which with grave abuse of discretion amounting
entitled at the time of serving motion, but to lack or excess of jurisdiction on the part
not less than 5 days in any event, of the court, file for certiorari under Rule
computed from receipt of notice of denial. 65.
to dismiss. And when the denial is tainted e. That there is another action
with grave abuse of discretion amounting pending between parties for
to lack or excess of jurisdiction on the part the same cause
63
aka LITIS PENDENCIA

The previous final judgment is a
Elements: judgment upon the merits
1. Identity of parties or at least such Jurisdiction over the subject matter

parties representing the same and the parties by the court
interests in both actions rendering it
2. That there is substantial identity in There must be identity of the

the cause of action and in the relief parties, of subject matter, and of
sought, the relief being founded on cause of action between the first
the same facts and second actions
3. Identity in the two cases would be

such that any judgment that may
be rendered in one, regardless of
which party is successful, would
Aka PRESCRIPTION
amount to res judicata in the other
case
GRANTED:
Which should be dismissed in case of
litis pendencia? The 1st, 2nd, 3rd, 4th Appeal
action?
DENIED:
The later case(s) would be dismissed.
GRANTED:
Appeal computed from receipt of notice of denial.
DENIED: decision is adverse, file an appeal
File an answer within the balance of the to dismiss. And when the denial is tainted
period prescribed by Rule 11 to which with grave abuse of discretion amounting
entitled at the time of serving motion, but to lack or excess of jurisdiction on the part
not less than 5 days in any event, of the court, file for certiorari under Rule
computed from receipt of notice of denial. 65.
to dismiss. And when the denial is tainted g. That the pleading asserting the
with grave abuse of discretion amounting claim states no cause of action
Aka FAILURE TO STATE CAUSE OF ACTION
65. GRANTED:
Refile
Amend the pleading
DENIED:
f. That the action is barred by
prior judgment or by the File an answer within the balance of the
statute of limitations period prescribed by Rule 11 to which
Aka RES JUDICATA not less than 5 days in any event,
Elements:
There is previous final judgment or decision is adverse, file an appeal
order assigning as error the denial of the motion
64
to dismiss. And when the denial is tainted of the court, file for certiorari under Rule
with grave abuse of discretion amounting 65.
65.
j. That a condition precedent for
filing the claim has not been
complied with
h. That the claim or demand set GRANTED:

forth in the plaintiff’s pleading
General Rule: refile plus comply
has been paid, waived,
with condition precedent, EXCEPT:
abandoned, or otherwise
extinguished In case of wilful and deliberate
forum shopping, which operates as
GRANTED:
dismissal with prejudice, hence,
Appeal
In the latter case, Appeal
DENIED:
In case of non exhaustion of
File an answer within the balance of the administrative remedies,
Exhaust then refile
not less than 5 days in any event, DENIED:
Then proceed with the trial, and when the File an answer within the balance of the
decision is adverse, file an appeal period prescribed by Rule 11 to which
assigning as error the denial of the motion entitled at the time of serving motion, but
to dismiss. And when the denial is tainted not less than 5 days in any event,
with grave abuse of discretion amounting computed from receipt of notice of denial.
to lack or excess of jurisdiction on the part Then proceed with the trial, and when the
of the court, file for certiorari under Rule decision is adverse, file an appeal
65. assigning as error the denial of the motion
i. That the claim on which the
action is founded is
65.
unenforceable under the
Statute of Frauds
(note: 1403, NCC) MOTU PROPRIO DISMISSAL: (see

underlined below)
GRANTED:
Rule 9 S1
Appeal
Defenses and objections not pleaded
DENIED:
either in a motion to dismiss or
period prescribed by Rule 11 to which in the answer
not less than 5 days in any event, are deemed waived
However, when it appears from the
pleadings or the evidence on record that
65
1. the court has no jurisdiction required in S13 par a, c, d, f of Rule

over the subject matter, 44
7. Failure of appellant to take
2. that there is another action necessary steps for the correction
pending between the parties or completion of the record within
for the same cause, or the time limited by the court in its
order
3. that the action is barred by
prior judgment or by statute of 8. Failure of appellant to appear at
limitations, the preliminary conference under
R48 or to comply with orders,
circulars, or directive of the court
the court shall dismiss the claim without justifiable cause, and
9. The fact that the order or judgment

appealed from is not appealable
NOTE ALSO: Rule 7 S5
Hence, summing up Rule 16,

Side note: RULES ON MOTION
WITH PREJUDICE- e, f, h, i of Rule 16
Note requirements of written motion:
WITHOUT PREJUDICE- the rest of Rule 16
1. Notice of hearing (Due process)- 3
daay notice rule
2. Set hearing 10 days after filing of

the motion
3. Proof of service (different from

Rule 50 S1- Motion to dismiss appeal proof of mailing, only as far as
filing)
An appeal may be dismissed by the CA on
its own motion or on that of appellee, - To see whether the adverse party
on the following grounds: was able to receive the motion
1. Failure of the record on appeal to 4. IF by registered mail, accompanied

show on its face that the appeal by proof of service, explanation
was taken within the period why not done via personal service
prescribed by these Rules (R13 S11)
Other party files comment or
2. Failure to file notice of appeal or objection
the record on appeal within the
period prescribed by these Rules 5. File reply to comment
3. Failure of appellant to pay the

docket and other lawful fees
prescribed in S5 of R40 and S4 Rule IF requisites are not complied with,
41
1. *the motion shall be treated as a
4. Unauthorized alterations, worthless piece of paper which the
omissions, or additions in the clerk of court has no right to
approved record on appeal as receive and the court has no
provided in S4 of Rule 44 authority to act upon (mere scrap
of paper)
5. Failure of appellant to serve and
file the required number of copies 2. It does not interrupt the running of
of his brief or memorandum within the prescriptive/reglementary
the time provided by these Rules period for the filing of the requisite
pleading
6. Absence of specific assignment of
errors in the appellant’s brief, or of 3. It will be ground for denial of the
page references to the record as motion
66
Motion to dismiss
4. The motion shall be considered as
not filed Motion to declare defendant in
Execution of the act subject of the default
motion, because it would be
deemed as a final order Motion for summary judgment
If act is adversely ruled due to non Motion for judgment on the

compliance with the Rules on Motion, file pleadings
M4R within 15 days (Rule 37)
Motion for new trial
Motion for reconsideration

LITIGATED NON LITIGATED
Motion to dismiss complaint upon
MOTION MOTION
plaintiff’s motion
Comply with No need to comply
Motion to lift order of default
requisites for with all the
written motion requirements, but Motion to declare a party in direct
with need to hear contempt
on the motion
Motion for demurrer to evidence
If not, would affect
the right of parties Motion for consolidation or
IF not, then not set severance of case
for hearing
Motion for trial by commissioner
Motion to strike out evidence or

What is a motion? testimony off the record
R15 S1
A motion is an application for relief other Examples of non-litigated motions:

than by a pleading
Motion to reset pre trial
Motion to postpone pre trial

What are the kinds of motions?
Motion to extend time for filing
Motion ex parte / Non Litigated pleadings
Motion
Made without the presence of or Motion to set case for pre trial
notification to the other party
because the question generally
presented is not debatable
Motions that need to be verified:
Motion of course
Movant is entitled to the relief or Motion for relief from judgment
remedy sought as a matter of
Motion to lift order of default
discretion on the part of the court
Motion to postpone trial
Litigated Motion
Motion made with notice to the
Motion for new trial on ground of
adverse party to give him an
FAME
opportunity to oppose it
Special Motion All motions for provisional remedies:

A motion addressed to the
discretion of the court
Motion for preliminary attachment
Motion for dissolution of

Examples of Litigated Motions: preliminary injunction
67
Purpose is to Purpose is to enable

Motion for writ of replevin prepare responsive properly to plead
pleading and prepare for trial
Motion in support pendent lite
Motion to postpone for absence of

evidence Note: the motion is a LITIGATED MOTION
Motion to postpone for illness of a To clarify ambiguities

party or counsel
Done before filing of a responsive pleading
What is a bill of particulars?

Rule 16- relate to Rule 10
R12 S1 states that a bill of particulars is a
Amendment as a matter of right if a more definite statement of any matter
motion to dismiss is filed- PWEDE! which is not averred with sufficient
Because motion to dismiss is NOT a definiteness or particularity, with the
responsive pleading purpose of aiding in the preparation of a
responsive pleading.
Motion to dismiss- not a pleading
Position paper- not a pleading

When do you file bill of particulars?
Memorandum- not a pleading
R12 S1 states that a bill of particulars is
Amendment if order granting motion to filed before responding to a pleading,
dismiss, pwede, for as long as the motion following the reglementary periods
is final and executory provided for under R11. (If the pleading is
a reply, the motion must be filed within 10
days from service thereof)
OF the 10 grounds,
Motion to dismiss after a

Requirements for filing Bill of
responsive pleading,
Particulars:
PWEDE, raise as affirmative defense, then
(R12 S1 in relation to R15)
set the motion to dismiss for hearing
1. A written motion by the defending
party before the court for a bill of
B. MOTION FOR BILL OF particulars
PARTICULARS (R12)
2. If the pleading is a reply, the
(Note: Different from motion for bill of motion must be filed within 10
particulars in Criminal Procedure) days from service
Motion for Bill of Motion for Bill of 3. The motion shall point out the
Particulars in Civ Particulars in defects complained of, the
Pro Crim Pro paragraphs wherein they are
contained, and the details desired
Rule 12 R116 S9
4. The motion is to be filed before the
May be filed before May be filed before filing of responsive pleading
responding to a arraignment
pleading 5. In writing
Address any matter Address alleged 6. Hearing of motion set by applicant

in the pleading not defects in the
averred with criminal complaint 7. Notice of hearing shall be
sufficient or information addressed to all the parties
definiteness or concerned not later than 10 days
particularity from the filing of the motion
68
8. Motion and notice of hearing must 1. Adding or striking out an allegation

be served at least 3 days before or name of any party or
the date of hearing 2. Correcting a mistake in the name
of a party or a written or
9. Proof of service inadequate allegation or
description in any other respect,
a. So that the actual merits of
the controversy may
The motion for bill of particulars is
speedily be determined,
denied. Remedy? b. Without regard to
technicalities,
R12 S5
c. And in the most expeditious
After service of the Bill of Particulars or of and inexpensive manner
a more definite pleading, or after notice of
IN SHORT:
denial of his motion, the moving party
may file his responsive pleading within the Amendment is the process of
period to which he was entitled at the time adding or striking out or correcting
of filing his motion which shall not exceed a name or allegation
5 days in any event
Amendment as a matter of right
- To correct alterations in a
Effect of order of failure to comply to PLEADING (not in a motion)
file Bill of Particulars
R12 S4
Kinds of amendments:
If the order is not obeyed, or in case of
insufficient compliance therewith, the 1. Amendment as a matter of
court may order the striking out of the right: (R10 S2)
pleading or the portions thereof to which
the order was directed, or make such A party may amend his pleading once as a
order as it deems just. matter of right at any time before a
responsive pleading is served or in the
(File a motion to strike out the pleading) case of a reply, at any time within 10 days
after it is served.
- Once the pleading is amended, the

Motion for Bill of Particulars: old pleading is no more, EXCEPT,
admissions made in the old
Granted: Clarify, file bill of particulars
pleading
Denied, answer within the plenary period
2. Amendment by leave of court:

IS bill of particulars part of a (R10 S3)
pleading?
Except as provided in the next preceding
YES! section, substantial amendments may be
made only upon leave of court
R12 S6 provides that a bill of particulars
becomes part of the pleading for which it - Amendment is substantial
- A responsive pleading had already
is intended.
been served
C. MOTION TO AMEND THE

3. Formal Amendments (R10 S4)
PLEADING (Rule 10)
A defect in the designation of the parties
Amendment, as provided under R10 S1, is
or other clearly clerical or typographical
the process of:
errors may be summarily corrected by the
69
court at any stage of the action, at its

initiative or on motion, provided no
prejudice is caused thereby to the adverse Amendment with leave of court (after the
party. filing of a responsive pleading)
DENIED: Remedy?
4. Amendments to conform or to Certiorari Rule 65 in relation to Rule

authorize presentation of 41 S1
Order is interlocutory
evidence (R10 S5)
When issues not raised in the pleadings

are tried with the express or implied Relate Rule 10 to Provisional Remedies
consent of parties, they shall be treated as
if raised in the pleadings, pleadings may If the original complaint or verified
be amended to conform to the evidence, complaint has provisional
and failure to amend does not affect the remedies, and the original is
result of the trial of these issues superseded by amendment, any
provisional remedy is affected by
- With already presentation of amendment
evidence, but as far as allegations
are concerned, there is Amendment of complaint, which includes
discrepancy, so, amendment is prayer for writ of attachment, the
allowed to conform to evidence provisional remedy shall be DISSOLVED.
o NOTE: meron din to sa
criminal procedure
5. Substantial amendments - When the answer does not allege

cross claim, counterclaim,
Amendment of the pleading which would o Remedy: AMENDMENT of
change the original cause of action the pleading
- Answer omitted counterclaim or
cross claim,
o Remedy is to AMEND the
6. Amendment to confer
answer
jurisdiction
Amendment as a matter of right, so far as

no responsive pleading is served Relate to Rule 2
- In case of non joinder of causes of

action,
Question: Amendment as a matter of o AMEND the pleading
right, there is second motion to amend
(not once as a matter of right), is the
second motion to amend a matter of right
or a matter of discretion? Relate to Rule 3
(Question unanswered yet) - Related to joinder of parties,

o AMEND the complaint
If there is no responsive pleading yet-

amendment as a matter of right Related to Rule 14 and Rule 57
Once- matter of discretion - In personam to quasi in rem,

publication is allowed
- Substantial amendment
o Service of summons
Amendment as a matter of right required
DENIED: remedy- MANDAMUS
70
- Amendment of complaint to join amended complaint

another party, if no new answer is
o Need to serve summons filed (R11 S3)
Supersedes original Supplements

pleading original pleading
Amendment of the answer? 3PC? 4PC?
Complaint in intervention? With or without With leave of court
leave of court
PWEDE!- amendment of the pleadings
naman ang tinutukoy eh
Relate to Rule 16
The court may either deny the

motion to dismiss, grant the motion
Amended Supplemental to dismiss, or ORDER THE
Pleading Pleading AMENDMENT OF THE PLEADING
Refers to facts Refers to facts

existing at the time arising after the
of the filing of the original Is there amendment of the pleading
commencement of pleading in summary procedure?
the action
YES
Takes the place of Taken together with
the original the original - As a matter of right
- As a matter of discretion
pleading pleading
o NO PROHIBITION under the
Can be made as Always with leave of Rules on Summary
matter of right court Procedure
when no responsive
pleading has yet
been filed D. MOTION FOR EXTENSION OF
When amended A substantial TIME TO FILE RESPONSIVE
pleading is filed, a pleading does not PLEADING (Rule 11)
new copy of the require the filing of
Rule 11 S11
entire pleading a new copy of the
must be filed entire pleading Section 11
Amendment as a A supplemental
matter of right is to pleading may be
be answered before answered within 10 Upon motion and on such terms as may
the filing of the days from notice of be just,
responsive the order admitting
pleading, (within 15 the same, unless a the court may extend the time to plead
days after being different period is provided in these Rules
served with a copy fixed by the court.
thereof)—(R11 S3) The answer to the
complaint shall The court may also, upon like terms,
serve as answer to
the supplemental allow an answer or
Amendment by
complaint if no new
leave of court is to other pleading to be filed
or supplemental
be answered within
answer is filed (R11
10 days from notice after the time fixed by these Rules
S7)
of the order
admitting the same.
An answer earlier
Extend, BASED ON CAUSE
filed may serve as
the answer to the
71
Not a litigated motion o final judgment on the merits
no need for hearing, notice, and DENIED:

filing
- plead
o there is issue, but there is
no genuine issue
3 day notice rule- further motion 3 days
before hearing
10 days- motion set for hearing at least 10 Maganda ka? Maganda ka nga
days
ORDER OF DEFAULT /
Is bill of particulars allowed in Summary JUDGMENT BY DEFAULT (Rule 9)
Procedure?
Order of Default Judgment by
NO (Prohibited pleading) Default
Order issued by the Decision or

court where judgment by the
Motion to dismiss in Summary Procedure? defendant failed to court after order of
file answer default and
NO (prohibited pleading)
presentation of
EXCEPT: evidence ex parte
by plaintiff
1. lack of jurisdiction over the person
of the defending party
2. lack of jurisdiction over the person
of the defendant
ORDER OF DEFAULT
3. failure to comply with the Barangay
Conciliation Proceedings Rule 9 S3 provides that a defending party
who fails to file an answer to an initiatory
EXCEPTION TO EXCEPTION:
pleading within the time allowed therefor
Small Claims Cases- motion to dismiss may be declared in default.
absolutely hindi pwede
DEFENDING PARTY INCLUDES:

E. SUMMARY JUDGMENT (Rule 35)
In a permissive counterclaim-
Summary judgment original plaintiff
In a 3PC- 3rd party defendant
- judgment rendered by the court In a cross claim- co defendant
without trial if it clearly appears
Requirements for declaration of
that there exists no genuine issue
default: (R9 S3)
or controversy as to any material
fact, except as to the amount of 1. The court must have validly
damages acquired jurisdiction over the
person of the defendant either by
S1 and 2- PLAINTIFF or DEFENDANT Files
service of summons or voluntary
Plaintiff- at any time after the pleading appearance
in answer thereto has been served
2. Proof of service of summons on the
Defendant- at any time defendant
NOTE: LITIGATED MOTION 3. The defendant fails to answer

within the time allowed therefore
GRANTED:
- remedy is APPEAL
72
4. Written motion by claiming party to Order of default

declare defendant in default (NOT
oral motion!) DENIED,
(state R15 requirements)
Motion for reconsideration
DENIED,
Certiorari Rule 65 RTC with TRO (S7 R9

Plaintiff failed to file answer, be declared amended by AM 7-7-12)
in default
DENIED,
(R9 in relation to Rule 6)
Motion for reconsideration Rule 37 with
RTC
NATURE OF ORDER OF DEFAULT: DENIED,

interlocutory (making reference to R41)
Notice of appeal with CA Rule 41 (original
jurisdiction of RTC ang certiorari Rule 65)—
apply Neypes, doctrine of hierarchy of
REMEDY: courts
MOTION TO LIFT ORDER OF DEFAULT DENIED,
Verified, FAME, Affidavit of Merit CA M4R Rule 52

(note what it is, and in what
instances required [all FAME]) DENIED,
Granted: File answer SC R45 Petition for Review on Certiorari

apply Neypes, Hierarchy of courts
Denied,
DENIED,
FILE MOTION FOR RECONSIDERATION
SC M4R Rule 52
- S4 R65
- Interlocutory
o NOT Rule 37 as basis
(because Rule 37 applies DOCTRINE OF HIERARCHY OF COURTS
only to Final orders)
Higher courts will not entertain any
Denied, case brought before it unless the
same is decided before the lower
CERTIORARI RULE 65 with TRO or courts
injunction
- Dahil pag wala, at may order of

default, tuloy tuloy na + judgment Effect of order of default:
of default
- Lose standing
- Not to participate at the trial but
shall be entitled to notices
NOTE: umaakyat to hanggang SC- - Entitled to 2 copies of decision,
Ordinary and Special Civil actions (from resolution, substantially amended
MTC), [not Spec Pro] pleadings
MTC R9 S3 in relation to Rule 10
(all special civil actions, original actions in - Order of default issued by court,
exercise of original jurisdiction, final there is amendment of the
judgment) pleading, order of default is
dissolved
ORDINARY CIVIL ACTION
73
R9 in relation to R11
R9 in relation to Modes of Discovery Based on presentation of evidence ex

parte
- R29
o Due to refusal to comply
with the modes of
discovery, the refusing BEFORE JUDGMENT BECOMES FINAL
party may be declared in AND EXECUTORY:
default
REMEDY:
Motion to set aside judgment or final order

In case of motion to declare defendant in due to FAME
default, there is one more remedy:
Denied,
- File motion to admit answer
o Mawawala ang motion to Motion for reconsideration
declare defendant in default
Denied,
dahil may answer na eh
CERTIORARI Rule 65 with TRO/injunction-
PREFERRED over appeal
Summary Proceedings
- Because appeal is not the
Motion to declare defendant in adequate, speedy remedy
o Judgment kasi is based on
default is a PROHIBITED PLEADING
evidence ex parte- no
As plaintiff in such a case, file MOTION TO evidence to review because
RENDER JUDGMENT no evidence in the first
place is presented by
As defendant, don’t file motion to admit defendant
answer
GENERAL RULE: certiorari is not a
- It is equal to motion for extension substitute for lost appeal;
of time to file pleadings
o PROHIBITED PLEADING EXCEPTION: when appeal is not a speedy,
adequate remedy
ETO DISKARTE MO, ikaw ang defendant
Denied. Remedy?
- Go to office of the clerk of court,
file your answer, at pag ayaw File a motion for reconsideration of the
tanggapin, file it by registered mail judgment or final resolution within 15 days
o Pag nag argue ang kalaban, from service thereof before the CA, with
motion to strike out answer, proof of service on the adverse party.
WEH!
 R1 S6- Liberal Basis: R52 S1
application of the
rules, HENCE, you
can file answer Denied. Remedy?
File a petition for review on certiorari

before the SC raising only questions of law
Summary Procedure
which must be distinctly set forth, within
Given 10 days to answer from 15 days from notice of the denial of
receipt of service of summons petitioner’s motion for reconsideration
filed in due time after notice of the
judgment.
JUDGMENT BY DEFAULT Basis: R45 S2 and R45 S1-- CA

judgment, final order, or resolution
Nature: Final Judgment can be elevated to the SC raising
only questions of law
74
Reply
Denied. Remedy?
Answer to amended complaint
File a motion for reconsideration of the
judgment or final resolution within 15 days
from service thereof before the SC, with Answer to amended counterclaim
proof of service on the adverse party.
Answer to amended cross claim
Basis: R52 S1
Answer to amended 3rd 4th etc party
complaint
AFTER FINALITY OF JUDGMENT: Answer to amended complaint in

intervention
Any of the following remedies:
Answer to supplemental complaint
Rejoinder
1. File petition for relief from
judgment, order, or other Answer to counter counterclaim
proceeding on the ground of entry
Answer to counter cross claim
of such judgment or final order, or
any other proceeding is thereafter Answer to amended counter
taken against a party in a court counterclaim
through FAME (Rule 38 S1)
Answer to amended counter cross
2. File petition for annulment of claim
judgment or final order or
resolution on the ground of
extrinsic fraud (R47 S1 and 2)
Discuss the periods to answer to
3. File petition for certiorari (Rule 65) responsive pleadings under Rule 11
of the Rules of Court:
4. Collateral Attack
1. Answer to the original
complaint
V. FILING OF ANSWER
R13 S1
Answer- the pleading setting forth the
defending party’s defenses Defendant shall file answer to the
complaint within 15 days after service
(Bears the same parts of a pleading) of summons, unless a different period is
fixed by the court
WITHIN WHEN?
R13 S2
What are the responsive pleadings?
Where the defendant is a foreign private
Rule 6 of the Rules of Court in relation to
juridical entity and service of summons is
Rule 11 provides for the following
made:
responsive pleadings:
- to a resident agent, answer shall be
Answer to the original complaint
filed within 15 days from
Compulsory counterclaim service of summons to him
Answer to the permissive - when it has no resident agent but

counterclaim has an agent or officer in the
Philippines, answer shall be filed
Answer to cross claim within 15 days after service of
summons to said agent or
Answer to 3rd 4th etc party officer
complaint
Answer to complaint in intervention
75
- if it has no resident agent nor an A cross claim must be answered within

agent or officer, and summons is 10 days from service
made on the proper government
office designated by law to receive
the same (SEC), which will then
5. Answer to 3rd 4th etc party
send a copy thereof by registered
complaint
mail within 10 days to the home
office of the foreign private R11 S5
corporation, answer shall be filed
within 30 days after receipt of Time to answer a 3rd 4th etc party
summons by the home office of complaint shall be governed by the same
the foreign private entity rule as the answer to the complaint
(hence, follow R11 S1, 2 plus
R14 S15 amendments)
In case of summons by publication,
answer shall be filed within the time
specified in the order granting leave to 6. Answer to complaint in
serve summons by publication which shall intervention
not be less than 60 days after notice,
within which the defendant must R19 S4
answer.
The answer to the complaint in
In case of a non resident defendant in intervention shall be filed within 15 days
whom extraterritorial service of summons from notice of the order admitting
is made, the period to answer should be the same, unless a different period is
at least 60 days. fixed by the court
2. Compulsory counterclaim 7. Reply
(note above periods?) R11 S6
A reply may be filed within 10 days from

service of the pleading responded to
8. Answer to amended complaint
R11 S3
Where plaintiff files amended complaint as

a matter of right, the defendant shall
answer the same within 15 days after
being served with a copy thereof
Where its filing is not a matter of right, the

defendant shall answer the amended
3. Answer to permissive
complaint within 10 days from notice
counterclaim
of the order admitting the same
R11 S4
A permissive counterclaim must be

9. Amended CC, Amended 34etc
answered within 10 days from service
PC, Amended CII
R11 S3 (note the period) shall apply to the

4. Answer to cross claim answer to an amended counter claim,
amended cross claim, amended 3rd 4th etc
R11 S4 party complaint, amended complaint in
intervention
76
IF cross claim against cross claim, then

counter cross claim
10. Answer to supplemental complaint
R11 S7
Counterclaim Cross Claim
A supplemental complaint may be
answered within 10 days of the order Any claim which a Any claim by one
admitting the same, unless a different defending party party against a co
period is fixed by the court. The answer to may have against party arising out of
the complaint shall serve as answer to the the opposing party the transaction or
supplemental complaint if no new or occurrence that is
supplemental answer is filed. the subject matter
either of the original
action or of a
counterclaim
11. Rejoinder
therein
(?)
Compulsory Permissive
Counterclaim Counterclaim
Arises out of or is Does not arise out

necessarily of nor is necessarily
connected with the connected with the
transaction or subject matter of
occurrence that is the opposing
the subject matter party’s claim
of the opposing
party’s claim
Does not require for It may require for its

its adjudication the adjudication the
presence of third presence of third
parties over whom parties over which
the court cannot the court cannot
acquire jurisdiction acquire jurisdiction
R11 S4 (?)
Barred if not set up Not barred even if
Answer within 10 days from service in the action not set up in the
action
Need not be Must be answered

17-18. answered, not result or else defendant
in default can be declared in
R11 S3 (?)—note the periods
default
Not an initiatory Initiatory pleading

Answer may raise counterclaim or cross pleading
claim Docket fees are With docket fees
suspended
Answer in third party complaint- Can you
raise Counterclaim or cross claim?
YES!
Omitted counterclaim or cross claim
But, if counterclaim against counterclaim,
counter counterclaim REMEDY: amend the answer
77
Motion to dismiss with counterclaim - Equivalent to motion to dismiss

o During hearing, defending
If permissive counterclaim, PWEDE party to present evidence
Kasi, independent sa main action first
 INVERTED TRIAL
Counterclaim with respect to Rule 17

Affirmative defense is granted, case is
Pwede, proceed after service of
dismissed. Remedy?
answer (Rule 17 S1 and 2)
APPEAL (Because trial is on the merits)
Counterclaim with respect to Rule 18
Plaintiff failed to appear in pre trial,

case is dismissed with prejudice, With respect too negative defenses, note
without prejudice to counterclaim SPECIFIC DENIALS
DEFENSES and DENIALS What is a negative pregnant?
What are the types of defenses? - General denials are deemed

admissions
1. Negative defense
R6 S5
Plaintiff’s remedy in such a case?
Negative defense is the specific denial of
the material fact or facts alleged in the - JUDGMENT ON THE PLEADINGS
pleading of the claimant essential to his (Rule 34)
cause or causes of action.
2. Affirmative defense
Kinds of Denials:
R6 S5
1. Specific Absolute Denial
An affirmative defense is an allegation of
new matter which, while hypothetically - By specifically denying the
admitting the material allegations in the averment and whenever
pleading of the claimant, would practicable, setting forth the
nevertheless prevent or bar recovery by substance of the matters relied
him. The affirmative defenses include: upon for such denial
a. Fraud With support dapat

b. Statute of limitations
c. Release Specifically deny par 2 __ for being untrue,
d. Payment the truth of the matter is that...
e. Illegality
f. Statute of frauds
g. Estoppel 2. Partial specific denial
h. Former recovery
i. Discharge in bankruptcy - Part admission and part denial
j. Any other matter by way of
confession and avoidance With support dapat
Ground for motion to dismiss (if M2D not

filed or M2D denied), may be pleaded as 3. Disavowal of knowledge
an affirmative defense in the answer
- By an allegation of lack of
Motion to set affirmative defense for knowledge or information sufficient
hearing, to form a belief as to the truth or
78
falsity of the averment in the - Production or inspection of

opposing party’s pleading documents or things under (Rule
27)
In good faith, or else, deemed an - Physical and mental examination of
admission persons under (Rule 28)
Specific denial in par __ __ __ for lack of

knowledge to truth or belief of the same
Discussing each:
1. Depositions pending action

Specific not necessarily Specific Denial (R23)
Answer- no need to verify Deposition- a written testimony of a

witness given in the course of a judicial
EXCEPT: proceeding in advance of the trial or
1. Actionable Document hearing upon oral examination or in
response to written interrogatories and
- Document which creates rights, where an opportunity is given for cross
which serves as basis for filing of examination
the complaint
Aka depositions de bene esse
2. Usury in a complaint
May be taken with leave of court when:
3. Summary procedure
1. After jurisdiction has been obtained
4. Answer with permissive over any defendant or over the
counterclaim property which is the subject of the
action but before an answer has
been filed
2. Deposition of a person confined in
prison
Not denied under oath an actionable
document such as deed of sale or May be taken without leave of court:
mortgage,
1. After answer and deponent is not
Failure to verify = deemed confined in prison
admitted
HENCE, judgment on the pleadings Scope of examinations:
Except: 1. Matter which is relevant to the

subject of the pending action
1. Fraud/forgery 2. Not privileged
2. Not a party to the actionable 3. Not restricted by a protective order
document
2. Depositions before action or
pending appeal (Rule 24)
After jurisdiction is acquired by court, Aka perpetuam rei memoriam

parties may resort to:
- Objective is to perpetuate
VI. MODES OF DISCOVERY testimony of a witness for future
use
Rules 23-28 o Taken conditionally, to be
used at the trial only in case
- Depositions pending action (under
deponent is not available
R23)
- Do not prove existence of any right
- Depositions before action or
and the testimony perpetuated is
pending appeal (R24)
- Interrogatories to parties under not in itself conclusive proof, either
R25 of the existence of any right nor
- Admission by adverse party (R26) even of the facts to which they
relate, as it can be controverted at
the trial in the same manner as
79
though no perpetuation of identified, or else, the petition will

testimony was ever had not prosper
BUT, in the absence of any
objection to its taking, and even if This mode of discovery does not authorize
the deponent did not testify at the the opposing party or clerk or other
hearing, the perpetuated testimony functionaries of the court to distrain the
constitutes prima facie proof of articles or deprive the person who
facts referred to in the deposition produced the same of their possession,
even temporarily
3. Interrogatories to parties (R25)
- Purpose is to elicit facts from any 6. Physical and Mental

adverse party Examination of Persons under
- Answers may also be used as Rule 28
admissions of the adverse party
- Written interrogatories and the - This mode of discovery is available
answers thereto must be both filed in an action in which the mental or
and served, hence, the answers physical condition of a party is in
may constitute as judicial controversy, usually arising in
admissions controversy in proceedings for
guardianship over an imbecile or
insane person, while the physical
condition of the party is generally
4. Admission by Adverse Party
involved in physical injuries cases
under Rule 26
- Since the results of the
- Purpose is to expedite trial and
examination are intended to be
relieve parties of the costs of
made public, the same are not
proving facts which will not be
covered by physician-patient
disputed on trial and the truth of
privilege
which can be ascertained by
reasonable inquiry
- An admission made is for the
purpose of the pending action only Use of depositions:
and cannot be used in other
proceedings 1. Impeach adverse party’s witness
(relate to evidence)
2. Residing 100 km away, sick or
infirm
5. Production or inspection of
documents or things under
Rule 27 R23 R24- Relate to R134 (Deposition)
- Applies only to a pending action

and the documents or things
subject of the motion must only be Interrogatories/Admission by adverse
those within the possession, party
control, or custody of a party
1. File answer or comment, or else,
The documents to be produced must the facts are deemed admitted, no
have the following requisites: issue, hence, judgment on the
pleadings
1. Should not be privileged
2. Should constitute or contain
evidence material to any matter
Production/Inspection of documents or
involved in the action and which
things
are in the party’s possession,
custody, or control For photographing, copying,
3. In a petition for production of
inspecting
papers and documents, they must
be sufficiently described and Production or Subpoena
80
Inspection of Another remedy which may be availed of:

Documents or
Things MOTION TO DISMISS BY
PLAINTIFF (Rule 17)
Mode of discovery Process
What are the grounds for dismissal
By motion By request under Rule 17?
1. Dismissal upon notice by

plaintiff (R17 S1)
Production or Original of
Inspection of Evidence in - At any time before service of the
Documents or Custody of answer or of a motion for summary
Things Adverse Party judgment
Mode of discovery Exception to the Before filing responsive pleading or
best evidence rule motion for summary judgment
By motion By notice
2. Dismissal upon motion by
plaintiff (R17 S2)
If there is no
Upon approval of the court and
original document, Upon such terms and conditions as
because such is in the court deems proper
the presence of
adverse party, the With answer, by way of motion
requesting party without prejudice to counterclaim
can ask for
production of the May be filed independently or
original by way of separately
notice
Without prior With prior

knowledge as to knowledge of 3. Dismissal due to fault of
contents contents of the plaintiff, when for justifiable
document, because cause,
the requesting party
Plaintiff fails to appear on the date
has the secondary
of the presentation of his evidence
evidence
in chief on the complaint
Plaintiff fails to prosecute his action

Mental and Physical examination of for an unreasonable length of time
Persons vs Hospitalization of Insane
Plaintiff fails to comply with these
Persons
Rules or any order of the court
Hospitalization of Physical and
Insane Persons Mental
examination of What is the 2 dismissal rule? What
persons are its elements?
Governed by Rule Governed by Rule (R17 S1) -..the notice of dismissal by
101 28 plaintiff operates as an adjudication upon
Special proceeding Mode of discovery the merits when filed by a plaintiff who
has once dismissed in a competent court
File a petition File a motion an action based on or including the same
claim
Filed by Regional Any party may avail
Director of DOH of
Elements of 2 dismissal rule: (R17 S1)
81
1. First complaint filed by plaintiff (S3), due to fault of plaintiff

before court of competent
jurisdiction The dismissal shall have the effect
2. At any time before service of of an adjudication upon the merits
answer or of motion for summary unless otherwise declared by the
judgment, plaintiff filed notice of court
dismissal of the first complaint,
which the court granted (effect
without prejudice) What are your remedies, as plaintiff,
3. Second complaint filed by plaintiff
in such cases?
involving an action based on or
including the same claim before S1- dismissal upon notice by plaintiff
court of competent jurisdiction
4. At any time before service of refile the case (unless the 2-
answer or of motion for summary dismissal rule applies [?])
judgment, plaintiff filed notice of
dismissal of the second complaint or if so declared with prejudice,
based on or including the same appeal the dismissal
claim as the first complaint
Effect of 2 dismissal rule (R17 S1):

S2- dismissal upon motion of plaintiff
The second notice of dismissal shall
Refile the case
operate as an adjudication upon the
merits. If the court declares that the
dismissal is with prejudice, appeal
the dismissal
Exceptions to 2 Dismissal Rule:
S3- dismissal due to fault of plaintiff
1. 1st action is not related to the
second action Appeal the dismissal
2. Court dismissing the second action If the court declares that the
is a court not of competent dismissal is without prejudice, refile
jurisdiction the case
Nature of Dismissal of actions under Another:

Rule 17:
JUDGMENT ON THE PLEADINGS
(S1), upon notice by plaintiff (Rule 34)
Unless otherwise stated in the S1
notice, the dismissal is without
prejudice, Where the answer
(*2 dismissal rule) ..except that a - fails to tender an issue or

notice operates as an adjudication - otherwise admits the material
upon the merits when filed by a allegations of the adverse party’s
plaintiff who has once dismissed in pleading,
a competent court an action based
on or including the same claim the court may, on motion of that party,
direct judgment on such pleading
(S2), upon motion of plaintiff However, in an action for declaration of
The dismissal shall be without - nullity or

prejudice, unless otherwise - annulment of marriage or
- for legal separation,
specified in the order
82
the material facts alleged in the complaint of defense in the answer and thereby join
shall always be proved or make issue as to such new matters.
If a party does not file such reply, all the

new matters alleged in the answer are
Exception that JoP be on motion: deemed controverted.
- if at pre trial court finds that R11- may be filed within 10 days from
judgment on the pleadings is service of the pleading responded to
proper, it can render such
judgment motu proprio
VIII. REJOINDER
Allegations not deemed admitted by filing Second pleading on the party on

of judgment on the pleadings: the part of defendant being his
answer to the plaintiff’s replication
- irrelevant allegations Another form of responsive
- immaterial allegations pleading
- allegations of damages in the
complaint
IX. PRE TRIAL (Rule 18)
Judgment on the Summary Rule 18 S1 COMPLETE:

Pleadings Judgment
AFTER the LAST PLEADING ASSERTING
3 day notice rule 10 day notice rule A CLAIM has been served and filed, or
AFTER the EXPIRATION OF THE TIME FOR
Filed by plaintiff Filed by defendant
FILING THE LAST PLEADING ASSERTING A
Based solely on the Based on pleadings, CLAIM, a pre trial is to be conducted upon
pleadings depositions, motion ex parte by plaintiff that the case
admissions, be set for pre trial
affidavits
Answer fails to No genuine issue

tender an issue or between the parties Pre Trial Conference- yes
there is an
admission of
material allegations Answer
On the merits Interlocutory or on Answer to permissive counterclaim
the merits
Answer to cross claim
There is answer If filed by plaintiff,
filed filed at any time Answer to third party complaint
before answer is Answer to complaint in intervention
served
Reply to answer
Reply to answer to permissive

If filed by counterclaim
defendant, may be
filed at any time Reply to answer to cross claim
even before answer
Reply to answer to third party
complaint
VII. REPLY (R6 S10) Reply to answer to complaint in

intervention
A pleading, the office or function of which
is to deny or allege facts in denial or Rejoinder
avoidance of new matters alleged by way
83
By MOTION penalties Failure of defendant

to appear, plaintiff
If the motion is not filed, is the case to present evidence
dismissed for failure to prosecute? ex parte
Presence of private
- Techinically, yes, but ff R1 S6 offended party is
(liberal construction, not required (as
o It is not dismissed only required to
appear at
Hence, if plaintiff failed to file motion ex arraignment)
parte that the case be set for pre trial, the
clerk of court shall issue notice of pre trial
conference
Prê trial agreement Signed by parties
is in writing, signed and counsel (?)
by accused and
Pre Trial in Pre Trial in Civil counsel, or else,
Criminal Cases Cases cannot be used
against accused
Mandatory requirement
Considerations in Considerations in
After arraignment, After the last
pre trial conference: pre trial:
within 30 days from pleading asserting a
the date the court claim has been
acquires jurisdiction served and filed
over the accused Plea Possibility of
bargaining amicable
Rule 118 Rule 18 Stipulation settlement
of facts or
No pre trial brief Pre trial brief is
required to be filed submission
Marking of
and served to
identification
alternative
Counsel of accused Parties and counsel of evidence
modes of
and prosecutor are are required to of the
dispute
required to appear appear parties
resolution
Waiver of
Simplificatio
objections to
n of the
Non appearance admissibility
issues
may be excused of evidence
only if valid cause is Necessity or
shown, or Modification
desirability
representative shall of order of
of
appear in behalf trial if
amendments
duly authorized in accused
to the
writing to enter into admits the
pleadings
amicable charge but
settlement, submit interposes a Possibility of
to ADR, enter into lawful obtaining
stipulations of facts defense stipulations
and of document or
Such
admissions
Failure of counsel of Failure of plaintiff to matters as
of facts and
accused or appear, dismissal of will promote
of
prosecutor to the case with a fair and
documents
appear, and without prejudice, unless expeditious
to avoid
acceptable excuse otherwise ordered trial of the
unnecessary
for lack of by the court criminal and
proof
cooperation, court civil aspects
may impose proper of the case Limitation on
sanctions or the number
84
of witnesses prosecutor prejudice
Advisability
of
preliminary Failure to appear by
conference defendant, plaintiff
of issues to to present evidence
commissione ex parte
r
Propriety of
What are the purposes of pre-trial?
rendering
judgment on (Rule 18 S2)
the
pleadings, The court shall consider:
summary
judgment, a. The possibility of an amicable
dismissing settlement or of a submission to
the action alternative modes of dispute
should a resolution
valid ground
b. The simplification of the issues
therefor be
found to c. The necessity or desirability of
exist amendments to the pleadings
Advisability d. The possibility of obtaining

or necessity stipulations of admissions of facts
of and of documents to avoid
suspending necessary proof
the
proceedings e. The limitation of the number of
witnesses
Such other
matters as f. The advisability of a preliminary
may aid in conference of issues to a
the prompt commissioner
disposition of
the action g. The propriety of rendering
judgment on the pleadings or
summary judgment or of
dismissing the action should a valid
(simplified) ground therefore the found to exist
Pre Trial In Pre Trial in Civil h. The advisability or necessity of

Criminal suspending the pleadings
After arraignment After last pleading i. Such other matters as may aid in
asserting a claim the prompt disposition of the action
has been served
and filed
No pre trial brief With pre trial brief S6- Pre trial brief
Order of pre trial The parties shall file with the court and
signed by accused serve on the adverse party, in such
and counsel so manner as shall ensure their receipt
admissions are thereof at least 3 days before the date of
binding the pre trial, their respective pre trial
briefs which shall contain, among others:
Failure to appear, Failure to appear by
sanctions against plaintiff, dismissal
counsel and of case with
85
a. A statement of their willingness to

enter into amicable settlement or
alternative modes of dispute If party a NATURAL PERSON-
resolution, indicating the desired representative is armed with SPECIAL
terms thereof POWER OF ATTORNEY
b. A summary of stipulated facts and If party is a JURIDICAL PERSON

proposed stipulation of facts (corporations or partnerships)-
representative is armed with BOARD
c. The issues to be tried or resolved RESOLUTION (Board resolution is binding
upon the entire corporation, because the
d. The documents or exhibits to be Board of Directors [in case of stock
presented, stating the purpose corporations] or the Board of Trustees [in
thereof case of non stock corporations] are the
ones who make the decisions of the
e. A manifestation of their having
corporation through Board Resolution--
availed or their intention to avail
note that Board Resolution prevails over
themselves of discovery
SPA)
procedures or referral to
commissioners
f. The number and names of the

witnesses, and the substance of
their respective testimonies Effects of failure to appear at the pre
trial:
Failure to file the pre trial brief shall have
the same effect as failure to appear at the Plaintiff fails to appear
pre trial.
R18 S5
The failure of plaintiff to appear at the pre

PRE TRIAL BRIEF trial conference when so required shall be
cause for the dismissal of the action. The
Required to be filed at least 3 days dismissal shall be with prejudice, unless
before the Pre Trial Conference otherwise ordered by the court.
Ensure na really good, for filing
memoranda
Defendant fails to appear
(all remedies, may bayad, bawat pleading)
—pagkakitaan R18 S5
The failure of defendant to appear at the

pre trial conference shall be cause to allow
Failure to file at pre trial brief = failure to the plaintiff to present his evidence ex
appear at pre trial, same effect parte and the court to render judgment on
the basis thereof.
Requisites for appearance at the pre

trial: Remedies in case of failure to appear
by plaintiff / defendant:
(R18 S4)
Plaintiff fails to appear
1. Duty of the parties and their
counsel to appear at the pre trial Plaintiff can file an appeal, unless
the dismissal is ruled to be without
2. The non-appearance of a party
prejudice, which in such a case,
may be excused only if a valid
defendant would be avail of the
cause is shown therefor or IF A
remedy of refiling the case or filing
REPRENTATIVE SHALL APPEAR IN
a petition for certiorari under Rule
HIS BEHALF FULLY AUTHORIZED IN
65
WRITING
86
Defendant fails to appear o Hence, if judge delegated to

clerk of court who is not a
NOTE: Defendant WILL NOT BE DECLARED lawyer, BAWAL
IN DEFAULT! Likewise, there is no such
thing under the 1997 Rules on Civil Can clerk of court charge Commissioner’s
Procedure AS IN DEFAULT (sa luma to) Fee?
When defendant fails to appear, 4 BAWAL accdg sa Manual of Clerk of Court

SCENARIOS ARE CONTEMPLATED: (ugat ng corruption)
- Issuance of order allowing ex parte The only time na pwede is when he

presentation of evidence/before is not an employee of a court
presentation of evidence
- Order allowing ex parte REMEDIES:
presentation of evidence was
issued, plaintiff presents ex parte File a motion for reconsideration +
evidence Set aside the Evidence Ex parte
- Before judgment becomes final and
- on the ground that the order is
executory
- After judgment becomes final and contrary to law [R37]? OR,
- that, the order allowing ex parte
executory
presentation of evidence is an
interlocutory order)
if you fail this, the evidence shall
form part of the records of the case
– kawawa ka cge
ORDER ALLOWING PLAINTIFF’S
PRESENTATION OF EVIDENCE
EX PARTE
If the motion for reconsideration + motion
REMEDIES: The order is interlocutory, to set aside is denied, file a petition for
hence, certiorari under Rule 65
File motion for reconsideration, R41 (1)- the order allowing ex parte
based on R65 S4 and R41 S1 presentation of evidence is an
- R65 (4)- ..whether such m4r is interlocutory order, no appeal may
required or not.. be taken from it, hence, aggrieved
- R41 (1)- the order allowing ex parte party may file the appropriate
presentation of evidence is an special civil action under Rule 65,
interlocutory order, hence, no which includes certiorari
appeal may be taken from it
If M4R denied, file petition for Before judgment becomes final

certiorari under Rule 65 and executory
- R41 (1)- the order allowing ex parte REMEDIES:

presentation of evidence is an
interlocutory order, no appeal may - Appeal the judgment (Rule 41)
be taken from it, hence, aggrieved or
party may file the appropriate
- File motion for reconsideration
special civil action under Rule 65,
(Rule 37) or
which includes certiorari
Ground: that the evidence is insufficient to
justify the decision or final order
PRESENTATION OF EVIDENCE
EX PARTE
- File a motion for new trial (Rule
Conducted by Court of CLERK OF COURT 37)
- Clerk of court, a LAWYER Ground: FAME which ordinary prudence

could not have guarded against and by
87
reason of which such aggrieved party has JUDGMENT ON THE


been impaired in his right PLEADINGS
Conclusive on part of admitter, for
purposes of substantial justice
After judgment becomes final Pre Trial

and executory
- May be delegated to clerk of court
REMEDIES: who is a lawyer
- File Relief from judgment, After PRE TRIAL,

order, or other proceedings
under Rule 38 or X. TRIAL
o GROUND: any proceeding is
thereafter taken against the The best part of law practice
party in any court through
FAME
- File for annulment of judgment,

final order, or resolution under (Rule 30 in relation to Rule 132 S4, 5, 6, 7,
Rule 47 or 8)
o GROUND: extrinsic fraud
A proceeding where parties present
- File petition for certiorari under evidence and ends in oral
Rule 65 or argument
o GROUND: GAD amounting
to lack or excess of With respect to examination of witnesses
jurisdiction on the part of
the tribunal exercising Pre trial brief (see above) presented in
judicial functions, and there trial
is no appeal nor any plain,
speedy and adequate
remedy in the ordinary
All witnesses in pre trial brief to be
course of law
presented
- Make a collateral attack on the
Before witness is presented, offer of
judgment
testimony, in accordance with purpose in
Pre Trial Order pre trial brief
- Order issued by the court stating

what transpired during the pre trial
1. PROPONENT’S / PLAINTIFF’S
conference
o Can be amended TESTIMONIES AND EVIDENCE IN
CHIEF as well as that of
accordingly
o By filing motion to amend or witnesses
correct the pre trial order,
With respect to Rule 7 (parts of a pleading)
within 5 days after receipt
stating the cause of action in the body of
of the pre trial order
the pleading
o NO NEED for counsel to sign
the pre trial order Ultimate facts to be proven during the trial
of the case
Pre Trial conference- relates to judicial
admissions under Rule 129 ORDER:
Adverse party admits your Direct Examination

proposals/stipulations
- Transform allegations of the
- Deemed admitted complaint in the body of the
pleading
Cause of action admitted by defendant, - Cause of action
- Direct testimony
- Rule 18 in relation to Rule 34
88
- Show sinumpaang salaysay  To refresh

memory of
HOW, WHEN, WHERE, WHAT, WHY the witness
 Ididiscuss din
CONSIDER violations and exceptions:
to isa isa sa
Leading Questions memorandum
- Avoid except in preliminary matters

- Propound answers which proponent
desires Re Direct Examination
NOTE EXCEPTIONS: hostile witnesses, Re establish what was destroyed

minors, adverse party, preliminaries during the cross examination
Is your name Ms X? Leading

Re Cross Examination
Is your age 27? Leading
Destroy what was re established in
the re direct examination
Misleading questions NOTE: Identify all witnesses
Offer of Offer of Evidence

Testimony
Made at the time After termination of

the witness is presentation of
presented on the evidence of
Cross Examination witness stand prosecution
Requires knowledge of:
- Facts
- Evidence
- Defenses Evidence in chief
Leading questions are allowed Evidence supporting allegations in

the complaint
Totoo bang ikaw ay maganda? Leading
Obtain affirmative answers- GOOD

After presentation of all witnesses,
Line of questioning:
Offer of evidence
Is it not a fact you are 1 of... YES
Executed sometime, etc... YES

Then,
NOTE: Lead mo papunta sayo
Comment or objection
- Test credibility of witness, test
credibility of testimony - Secondary
- Not from the mouth of credible - Not identical
witness, but from credible
testimony
o WHY? Asa TSN- pag may
mali, ipa correct Then,
 TSN is best evidence
Order of admission/Exclusion of
of what transpired
evidence
during trial
 To impleach Admitted; Exh A, Exh B
testimony of
witness Excluded: Exh C, etc
89
TENDER OF EXCLUDED If with leave of

EVIDENCE court, accused
Considered by CA in appeal could present
evidence if
demurrer is denied
After PLAINTIFF RESTS ITS CASE,
(defendant may file) DEMURRER

If without leave of
TO EVIDENCE (Rule 33)
court, accused
D2E vs M2D (simplified) could not present
evidence if
D2E M2D demurrer is denied
Rule 33 Rule 16 If court finds that If court finds that

evidence is prosecution’s
After plaintiff rests Before filing of insufficient (plaintiff evidence is
its case responsive pleading has shown no right insufficient,
to relief), complaint demurrer granted,
That plaintiff has 10 grounds
dismissed as accused is acquitted
shown no right of
demurrer is granted
relief
If granted, case If granted, case

Judgment of
dismissed dismissed, remedy
acquittal not
depends:
appealable, hence,
DJ sets in
If granted but on
Judgment of Judgment of
appeal order of With prejudice-
dismissal is acquittal is not
dismissal is appeal
appealable appealable; DJ sets
reversed, defendant
Without prejudice- in
is deemed to have
waived the right to refile
present evidence If demurrer is
granted but on
Both by way of motion
appeal, order of
dismissal is
reversed, defendant
NOTE: in summary proceedings, no trial, is deemed to have
no demurrer to evidence waived the right to
present evidence
In Criminal Cases,
There is demurrer to evidence in Summary

Procedure (NO res judicata in
dismissal due to
- Constitutional Right to Due process demurrer)
Plaintiff files motion Court may motu

to deny motion due proprio deny motion
Demurrer to Demurrer to to demurrer to
evidence in Civil evidence in evidence
Procedure Criminal
Procedure If court denies If court denies
demurrer, demurrer,
Rule 33 Rule 119 S23 defendant will
No leave of court With or without present evidence
required leave of court With LoC- accused
may present
evidence
90
Note: No more D2E- Rule 33- after

PLAINTIFF rests its case...
W/O LoC- accused
can no longer
present evidence
and submits case 3. REBUTTAL EVIDENCE
for decision based
Purpose is to rebut defendant’s
on prosecution’s
evidence in chief
evidence
Order: (same as previously stated)
(simplified version)
4. SUR REBUTTAL EVIDENCE
Purpose is to rebut the rebuttal

D2E Civil D2E Criminal
Order: (Same as previously stated)
Rule 33 Rule 119 S23
With or without With LoC- if denied,

leave of court accused presents
5. MEMORANDUM
evidence
Narration of facts of the case,
If granted, but on issues, no cause of action, no
appeal is reversed, Without LoC- if defenses, but only contain
defendant loses the denied, defendant discussions
right to present cannot present
evidence, case evidence
submitted for After trial,
decision
XI. JUDGMENT (Rule 36)
Declares rights/reliefs of parties

After plaintiff rests its case, no D2E or D2E Final consideration and
denied no appeal, determination of a court of
competent jurisdiction upon the
2. DEFENDANT’S EVIDENCE IN
matters submitted to it in an action
CHIEF
or proceeding
Prove allegations in the body of the
S1- Rendition of judgments and final
answer (R7 S1)
orders:
Order:
A judgment or final order determines the
Direct Examination merits of a case, shall be
Cross Examination - in writing,

- personally and directly prepared by
Re Direct Examination the judge,
- stating clearly and distinctly the
Re Cross Examination facts and the law on which it is
based,
Formal offer of evidence - must contain a dispositive part,
- signed by him, and
Comment - filed with the clerk of court
Objection
Offer CONSTITUTIONAL BASIS:
Tender of excluded evidence A8 S14—(basis for Rule 36)
DEFENDANT RESTS ITS CASE
91
No decision shall be rendered by any court

without expressing therein clearly and
distinctly the facts and the law on which it 2 kinds of judgment by confession:
is based.
Judgment by Cognovit
No petition for review or motion for actionem
reconsideration of a decision of the court
Defendant after service instead of
shall be refused due course or denied
entering a plea, acknowledged and
without starting the legal basis therefor.
confessed that plaintiff’s cause of
action was just and rightful
Kinds of Judgments:
JUDGMENT UPON A Judgment by Confession Relicta

COMPROMISE Verificatione
- Judgment rendered by the court on After pleading and before trial,

the basis of compromise defendant both confesses the
agreement entered into by the plaintiff’s cause of action and
parties withdrew or abandoned his plea or
- Immediately executory upon other allegations, whereupon
signing of compromise agreement judgment was entered against him
in absence of motion to set aside without proceeding to trial
on the ground of FAME
- Has effect of res judicata
- Compromise agreement May be
Remedies to judgment by consent,
submitted to by parties at any
confession, compromise:
stage of a case, even after F and E,
even without court approval File motion to set aside
(A2028-2046, NCC) If denied, file petition for certiorari
under Rule 65 (R41 S1)
Court could render judgment upon a

compromise, and, in case of breach of any JUDGMENT UPON THE MERITS
of the conditions, the party may ask the
court for execution of judgment. Judgment that is rendered after
consideration of the evidence
submitted by the parties during the
trial of the case
JUDGMENT UPON CONFESSION
Judgment rendered by court when

a party expressly agrees to the CLARIFICATORY JUDGMENT
other party’s claim or
acknowledges validity of the claim Judgment rendered to clarify an
against him ambiguous judgment or one
difficult to comply with
Judgment upon Judgment by

compromise confession JUDGMENT NON PRO TUNC
Provisions and An affirmative and Now for then

terms are settled voluntary act of Judgment intended to enter into
and agreed upon by defendant himself. the record the acts which had
the parties to the The court exercises already been done, but which do
action and which is a certain amount of not appear in the records
entered by the supervision over the
consent of the court entry of judgment
92
JUDGMENT SIN PERJUICIO SEPARATE JUDGMENT
Without prejudice
Refers to dismissal of a case R36 S5
without prejudice to its being
refiled Judgment rendered disposing of a
claim among several others
presented in a case after a
determination of issues material to
JUDGMENT BY DEFAULT (R9 S3) a particular claim and all
counterclaims arising out of the
Judgment rendered by the court
transaction or occurrence which is
following an order of default,
the subject matter of said claim
granting the claiming party the
relief prayed for on the basis of his
evidence presented ex parte by
plaintiff SPECIAL JUDGMENT
R39 S11
JUDGMENT ON THE PLEADINGS Judgment requiring performance of

(R34) an act other than execution of
judgments for money execution of
Judgment rendered by the court upon judgments for a specific act,
motion by plaintiff where the answer of a certified copy of the judgment
defendant shall be attached to the writ of
execution and shall be served by
fails to tender an issue or
the officer upon the party against
otherwise admits the material
whom the same is rendered, or
allegations of the adverse party’s
upon any other person required
pleading
thereby, or by law, to obey the
same, and such party or person
can be held liable for contempt for
SUMMARY JUDGMENT (R35) disobedience of such special
judgment
Judgment rendered by the court if
the pleadings, supporting
affidavits, depositions and
admissions of plaintiff or defendant JUDGMENT FOR SPECIFIC ACTS
show that:
R39 S10
except as to the amount of
Judgment of a court directing a
damages, there is no genuine
party to execute a conveyance of
issue as to any material fact
land or personal property or to
and that the moving party is
deliver deeds or other documents,
entitled to judgment as a
or to perform any other specific act
matter of law
in connection therewith
SEVERAL JUDGMENT
JUDGMENT ON DEMURRER TO
R36 S4 EVIDENCE
Judgment rendered by the court R33

where in an action against several
judgment rendered by court
defendants, the court renders
dismissing case upon motion of
judgment against one or more of
defendant, made after plaintiff
them, leaving the action to proceed
rested his case, on the ground that
against the others
upon the facts presented by
plaintiff and the law on the matter,
93
plaintiff has not shown any right to

relief
CONDITIONAL JUDGMENT Law of the Case
Judgment wherein effectivity of

such depends upon occurrence or
non occurrence of an event
FINAL JUDGMENT If after judgment is promulgated, the

judgment is ambiguous and difficult to
Judgment which disposes of the comply,
whole subject matter or terminates
the particular proceedings or MOTION FOR CLARIFICATORY
action, leaving nothing to be done JUDGMENT
by the court but to enforce in
execution what has been
determined XII. REMEDIES BEFORE
JUDGMENT BECOMES FINAL
AND EXECUTORY:
AMENDED JUDGMENT
Motion for reconsideration (Rule
Aka clarified judgment; it is an 37)
entirely new judgment, which
Motion for New Trial (Rule 37)
supersedes an original judgment
rendered by the court Reopening of Trial (Rule 119)
Appeal (Rules 40-43, 45)
SUPPLEMENTAL JUDGMENT
Judgment of the court which serves 1. Motion for Reconsideration

to bolster or add to the original (Rule 37)
judgment, and does not take place
nor extinguish the original R37 S1
judgment
Within the period for taking an appeal, a
motion for reconsideration may move for
reconsideration on the grounds that:
Conclusiveness of judgment
a. Damages awarded are excessive
b. Evidence is insufficient to justify

the decision or final order
Res Judicata (note above) c. That the decision or order is

contrary to law
NOTE: M4R here is directed against

judgment or final order, not an
Stare Decisis
interlocutory order which preceded
petition for certiorari (R41 S1 in relation to
R65 yon)
NOTE: Interlocutory orders are non

Obiter Dictum appealable (AM 7-7-12-SC)
Under Summary Procedure, BAWAL ang

M4R and MNT R37 (General Rule)
94
Exception: If against interlocutory order

30 days from denial of M4R/MNT
2. Motion for New Trial (Rule 37)

MTC decisions
- Motion to Rehear a case already
decided by court but before MTC
M4R
judgment thereon becomes final Under
and executory, RTC
Rule 37
filed within the period for taking an Notice

/ Petition M4R
appeal, to set aside the judgment or Record for Under
final order order and grant a new trial on Review CA Rule 52
Appeal under
based on the ff grounds materially under Rule 42
affecting substantial rights of a party: R40
(R37 S1) (from
RTC Petitio
decisions n4
1. FAME which ordinary prudence in review SC
on
could not have guarded against exercise
certior
of
and by reason of which such appellate ari
aggrieved party has probably been jurisdicti under
on)
impaired in his right or
SC
2. Newly discovered evidence which M4R
Rule
he could not, with reasonable 52
diligence, have discovered and
produced at the trial and which if
presented would probably alter the
result
3. Reopening of Trial (civil in

relation to criminal procedure-
R119 S24)
Reopening of the proceedings to avoid

miscarriage of justice
Civil- for reasons of EQUITY
For criminal cases- for reason of admission

of additional evidence
4. APPEAL (Rules 40-43, 45)
- from the judgment, order of denial,

assignment of errors
o FINAL ORDER- decision or RTC decisions in exercise of original
the denial of M4R or MNT jurisdiction
RTC
15 days- ordinary appeal
30 days- record on appeal (Spec Pro,

Multiple Appeals- Expropriation, Partition)
M4R Notice CA
Neypes vs CA Under or
Rule 37 Record
Fresh Period to Appeal: on
appeal M4R
under Under
15 days from denial of M4R/MNT Rule Rule 52
41 SC
Petitio
n4 SC 95
review
M4R
on
certior Rule
ari 52
under
2. When inference is manifestly

absurd, mistaken, or impossible
3. When judgment is premised on a

misrepresentation of facts
4. When there is GAD in appreciation

of facts
5. When findings of fact are

conflicting
6. When CA in making its findings
went beyond the issues of the case
and the same is contrary to both
the admissions of appellants and
appellees
7. When findings of fact of CA are at

variance with those of the trial
court, the SC has to review the
evidence in order to arrive at the
Notice/Record on Appeal correct findings based on record
In case of Record on Appeal, appellant’s 8. When findings of fact are

Brief 45 days to file record on appeal conclusions without citation of
specific evidence on which they are
based
Rule 40 Rule 41 Rule 42 Rule Rule 45 9. When facts set forth in the petition
43
as well as in the petitioner’s main
Memorand Appellan Petition Petition Petition for and reply briefs are not disputed by
um of t’s Brief for For Review on
appeal Review Review Certiorari
respondents
Notice or Notice Petition Petition Petition for 10. when findings of fact of the CA is
Record on or for for Review on
appeal record Review Review Certiorari
premised on supposed evidence
on (Appeal and is contradicted by evidence on
appeal ?) record
Of MTC Of RTC Of RTC Of Of CA,
decisions Decision decision quasi Sandiganba 11. when certain material facts and
s s judicial yan, CTA, circumstances which have been
original appellat bodies RTC
jurisdicti e decisions overlooked by the trial court which,
on jurisdicti if taken into account, would alter
on
the result of the case in that they
Questions Questio Questio Questio Questions would entitle accused to acquittal
of fact law ns of ns of ns of of law
or both fact law fact law, fact law
or both or both or both
REMEDIES AFTER JUDGMENT
To RTC To CA To CA To CA To SC BECOMES FINAL AND EXECUTORY:
1. Petition for relief from

Judgment (Rule 38)
General Rule:
S1- Petition for relief from judgment,
Finding of fact of CA are final and
orders, other proceedings
conclusive and cannot be reviewed on
appeal to SC: When a judgment or final order is entered,
or any other proceeding is thereafter
EXCEPTIONS:
taken against a party in any court through
1. When finding is grounded entirely FAME, he may file a petition in such court
on speculations, surmise, and in the same case praying that the
conjecture judgment, order, or proceeding be set
aside
96
- OTHER PROCEEDING INCLUDES: 1. Extrinsic or collateral fraud

o Order or writ of execution 2. Lack of jurisdiction over subject
o Order dismissing appeal matter and over the person
S2- Petition for relief from denial of appeal
When judgment or final order is rendered 3. Certiorari under Rule 65

by court in any case, and a party thereto,
by FAME, has been prevented from taking
an appeal, he may file a petition in such
court and in the same case and praying
that the appeal be given due course. 4. Collateral Attack
Filed within 60 days from knowledge of

judgment and within 6 months from entry
of judgment
EXECUTION OF JUDGMENT
- Relate to appeal - Nothing left for the court but to

o Failure to appeal due to enforce its decision
FAME
Execution
2. Petition for Annulment of
judgment (Rule 47) - remedy afforded by law for the
enforcement of a judgment
RTC exclusive original jurisdiction to CA - object is to obtain satisfaction of
the judgment on which the writ is
MTC exclusive original jurisdiction to RTC issued
Ground: extrinsic fraud BY MOTION- 5 years
AFTER 5 years
Revival of Judgment- 10 YEARS, by

MOTION
Annulment of judgment
- Remedy in law independent of the

case where the judgment sought to Execution as a matter of right (R39 S1)
be annulled was rendered and may
be availed of though the judgment Execution shall issue as a matter of right,
has been executed on motion,
1. upon judgment or order that

disposes of the action or
Important condition: proceeding
a. upon expiration of period to
- Petitioner failed to move for MNT, appeal therfrom if no appeal
appeal from, file petition for relief has been duly perfected
against, or take other appropriate
remedies assailing questioned NOTE: (rules on motion)
judgment or final order or
resolution through no fault - ministerial on the part of the court
attributable to him
IF DENIED, mandamus or appeal is the
proper remedy
S2- Grounds Nature of writ of execution:
97
R39 S8 7. Controversy was never submitted

to the court
The writ of execution is issued in the name
of RP and shall state:
Rule: Dispositive portion of decision is the
e. Name of court which part that becomes subject of execution
granted the motion
Except:
f. Case number
1. When there is ambiguity in the
g. Dispositive portion of the dispositive portion
judgment or order subject of
the execution 2. Where extensive and explicit
discussion and settlement of the
h. Shall require the sheriff or issue is found in the body of the
other proper officer to decision
whom it is directed to
enforce the writ according
to its terms S2- Discretionary Execution
Discretionary Execution as a
Execution matter of right
May issue before Period to appeal has
lapse of period to already lapsed, no
appeal, and even appeal is perfected
during appeal
Rule: Matter of right on part of winning Discretionary upon Ministerial duty of
party (execution), and court cannot refuse the court; there is the court provided
inquiry on whether there are no
Except: there is good supervening events
reason for
1. When judgment turns out to be execution
incomplete or conditional
2. Judgment is novated by parties S2- Discretionary execution
3. Equitable grounds like change in

a. Execution of a judgment or a final
situation of the parties which order pending appeal
makes execution inequitable
On motion of the prevailing party with
4. Execution is enjoined notice to the adverse party filed in the trial
court
5. Judgment has become dormant
- while it has jurisdiction over the
6. Execution is unjust or impossible case and
- is in possession of either the
original record or the record on
appeal, as the case may be,
o at the time of the filing of
When proper to Quash Writ of Execution: such motion, said court
may, in its discretion,
1. Change in situation of parties  order execution of a
renders execution inequitable judgment or final
order even before
2. Issued against the wrong party the expiration of the
period to appeal
3. Issued without authority
4. Improvidently issued After the trial court has lost jurisdiction,

the motion for execution pending appeal
5. Defective in substance may be filed in the appellate court.
6. Judgment is already satisfied Discretionary execution may only issue

upon good reasons to be stated in a
special order after due hearing.
98
b. Execution of several, separate, or 4. Support

partial judgments 5. Other judgments declared to be
immediately executory unless
A several, separate, or partial judgment otherwise ordered by trial court
may be executed under the same terms
and conditions as execution of a judgment
or final order pending appeal.
S6- Execution by motion or independent
action
Modes of enforcement:
Grounds:
1. By motion within 5 years from date
1. Insolvency of judgment debtor of entry
2. Wastage of asset by judgment
debtor 2. By independent action for revival of
judgment after 5 years from entry
and before it is barred by statute of
limitations which is 10 years from
Court may, in its discretion, order an entry under 1144, NCC
execution before expiration of the time
within which to appeal, provided,
Revival of judgment Revival of judgment
1. There is motion for execution filed S6 S34
by winning party Independent action Carried out through
filing of a motion in
2. There is notice of said motion to court
the adverse party Assumes there is no Assumes that
execution within judgment is
3. There are good reasons stated in a first 5 years executed within first
special order after due hearing 5 years
Party who files the Party who files such
action is the motion is not the
Supersedeas Bond judgment creditor original judgment
himself, or his creditor but he is
- Bond filed by petitioner and assignee, or his the highest bidder
approved by court before the successor in in the public auction
intereest
judgment becomes final and
Filed due to lapse of Filed because
executor and conditioned upon 5 year period movant is deprived
performance of the judgment of property
appealed from, in case it be purchased
affirmed wholly or in part
Remedy in case of execution as matter of S6 N/A to:

discretion,
1. Judgments for support
- CERTIORARI 2. Contempt orders in unauthorized
o Interlocutory, without re-entry on land by ejected
prejudice to the outcome of defendant
appeal 3. Issuance of writs of possession and
4. Special proceedings and land
registration cases
S4- Judgments not stayed by appeal
(Exception to general rule) S9- Award of judgments of money, how

enforced
In the following cases:
1. Immediate payment on demand
1. Injunction 2. Satisfaction by levy
2. Receivership 3. Garnishment of debts and credits
3. Accounting
99
4. Necessary clothing and articles for

ordinary personal use, including
Levy jewelry
- Act by which officer sets apart or 5. Household furniture and utensils

appropriates part of whole property necessary for housekeeping, and
of judgment debtor for purposes of used for that purpose by the
execution sale judgment obligor and his family,
such as the judgment obligor may
select, of a value not exceeding
Garnishment 100k pesos
- Act of appropriation by the court 6. Provisions for individual or family

when property of debtor is in the use sufficient for 4 months
hands of a third person
7. Professional libraries and
equipment of judges, lawyers,
physicians, pharmacists, dentists,
Attachment Garnishment engineers, surveyors, clergymen,
Refers to corporate Refers to money, teachers, other professionals, not
property in stocks, credits, exceeding 300k pesos in value
possession of other incorporeal
judgment debtor property which 8. One fishing boat and accessories
belong to judgment not exceeding total value of 100k
debtor but is in the
pesos owned by a fisherman and
possession or under
control of a third by the lawful use of which he earns
person his livelihood
9. So much of the salaries, wages, or

earnings of the judgment obligor
for his personal services within the
S10- Execution of judgments for specific 4 months preceding the levy as are
act necessary for support of his family
1. Conveyance, delivery of deeds, 10. Lettered gravestones

other specific acts vesting title
2. Sale of real or personal property 11. Monies, benefits, privileges,
3. Delivery or restitution of real annuities accruing or in any
property manner growing out of any life
4. Removal of improvements on insurance
property subject of execution
5. Delivery of personal property 12. Right to receive legal support, or
money or property obtained as
such support, or any pension or
S13- Property Exempt from Execution: gratuity from government
1. Judgment obligor’s family home as 13. Persons specially exempted by law

provided by law, or the homestead
BUT not article or species of articles of
in which he resides, and the land
property mentioned in this section shall be
necessarily used in connection
exempt from execution issued upon a
therewith
judgment recovered for its price or upon a
2. Ordinary tools and implements judgment of foreclosure of a mortgage
personally used by him in his trade, thereon.
employment, or livelihood
3. 3 horses, 3 cows, 3 carabaos, other

S16- Proceedings where property claimed
beasts of burden such as judgment
by third person
obligor may select necessarily used
by him in his ordinary occupation Remedies of 3rd party claimant:
100
1. Summary hearing before court of wherein the judgment or final order

competent jurisdiction is entered
2. Terceria or third party claim filed 2. If he redeems upon a mortgage or

with sheriff other lien, a memorandum of the
record thereof, certified by RD, or
3. Action for damages on the bond
posted by judgment creditors 3. An original or certified copy of any
assignment necessary to establish
4. Independent reivindicatory action his claim, or
4. An affidavit executed by him or his

Terceria
agent showing the amount then
actually due on the lien
- A person claiming property levied
upon may execute affidavit of title
or right of possession over the S32- Rents, Earnings, Income of property
property pending redemption
o Such affidavit must state
the grounds of such right or Rights of judgment debtor:
title
o The affidavit shall be served 1. Remain in possession of property
upon officer making a levy
and a copy thereof must 2. Cannot be ejected
also be served upon the
3. Use the property in the same
judgment oblige
manner it was previously used
Note: Cumulative remedies
4. Make necessary repairs to buildings
thereon while he occupies the
property
Ordinary sale on Sale in judicial
execution foreclosure of 5. Use it in the ordinary course of
mortgage business
Need not be Must be confirmed
confirmed by court by court in order to 6. Collect rents, earnings, and income
divest rights in the derived from the property until
property of the expiration of the period of
parties and to vest redemption
the rights in the
purchaser
Right of redemption No right of
exists redemption except
when mortgagee is S35- Remedies of judgment creditor in aid
a bank or a banking of execution
institution
Title is acquired Title is acquired 1. If execution is returned unsatisfied,
after expiration of upon confirmation
he may cause examination of
redemption period and registration of
when final deed of the foreclosure sale judgment debtor as to his property
conveyance is and income
executed
2. He may cause examination of
debtor of the judgment debtor as
to any debt owed by him or to any
property of the judgment debtor in
S30- Proof required of redemption his possession
Redemptioner must produce to officer, or 3. If after examination, the court finds

person from whom he seeks to redeem, property of the judgment debtor,
and serve with his notice to the officer: either in his own hands or that of
any person, the court may order
1. A copy of the judgment or final
the property applied to the
order certified by the clerk of court
satisfaction of the judgment
101
Decisions of court must be immutable at

some definite period of time
A party or other person may be compelled,
by order or subpoena, to attend before the
court or commissioner to testify as
provided by S36 and S37 Conclusiveness of judgment
- Issues actually and directly

4. If court finds the earnings of the resolved in a former suit cannot
judgment debtor are more than again be raised in any future case
sufficient for his family’s needs, it between the same parties involving
may order payment in instalments a different cause of action
5. Court may appoint a receiver for

the property of the judgment
debtor not exempt from execution Bar by former Conclusiveness of
judgment judgment
or forbid a transfer or disposition or
Identity of parties, Identity of parties
interference with such property subject matter, and subject matter
causes of action
6. If court finds that the judgment First judgment First judgment is
debtor has an ascertainable constitutes absolute conclusive only as
interest in real property either as bar to all matters to matters directly
mortgagor, mortgagee or directly adjudged adjudged and
otherwise, and his interest can be and those that actually litigated in
ascertained without controversy, might have been the first action.
adjudged Second action can
the court may order the sale of
be prosecuted
such interest Has the effect of Has the effect of
preclusion of claims preclusion only to
7. If the person alleged to have the issues
property of the judgment debtor or
be indebted to him, claims an
adverse interest in the property or
denies the debt, the court may
authorize judgment creditor to Law of the case
institute an action to recover the
- Refers to the legal conclusions
property, forbid is transfer and may
announced on a first appeal,
punish disobedience for contempt
whether on the general law or the
law as applied to the concrete
facts, not only prescribe the duty
and limit the power of the trial
S47- Effect of judgment or final order court to conduct obedience and
conformity thereto, but they
Res judicata
become and remain the law of the
- Bar by former judgment/direct case in all other steps, whether in
estoppel by judgment the lower court or in the appellate
court on a subsequent appeal
Conclusiveness of judgment
- Estoppel by verdict, estoppel by

record, collateral estoppel by S48- Effect of foreign judgment or final
judgment or preclusion of issues or orders
rule of auter accion pendent,
Public policy principle
covers par c
- Judgment by a court is enforceable
only within its territorial jurisdiction
Public Policy Principle
Effect of foreign judgments
- Inalterability of final and executory
- Provided that the tribunal has
judgment
jurisdiction
102
3. Collusion
4. Fraud
1. In case of judgment against a 5. Clear mistake of law or fact
specific thing,
a. Judgment is conclusive upon
title to the thing
2. In case of judgment against a

person,
a. Judgment is presumptive
LAST NOTES ON CIVIL PROCEDURE
evidence of a right as
between the parties and Note latest Rules on ADR (2009) in relation
their successors in interest to Rule 18
by a subsequent title
2 ways of giving effect to a foreign

judgment:
1. Ordinary action to enforce the

foreign judgment may be filed in
court or
2. It may be pleaded in an answer or

motion to dismiss
In both instances, judgment may be

repelled by evidence of:
1. Want of jurisdiction
2. Want of notice
3. Collusion
4. Fraud
Effect of foreign judgment:
R39 S8
The effect of a foreign judgment or final

order of a tribunal of a foreign country,
having jurisdiction to render judgment or
final order is as follows:
a. In case of a judgment or final order

upon a specific thing, the judgment
or final order is conclusive upon the
title to the thing and
b. In case of a judgment or final order

against a person, the judgment or
final order is presumptive evidence
of a right as between the parties
and their successors in interest by
a subsequent title
In either case, a judgment or final order

may be repelled by evidence of:
1. Want of jurisdiction
2. Want of notice to a party
103

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Remedial Law Review Notes under Atty Ferdinand Tan

CONSOLIDATED NOTES in CIVIL PROCEDURE

CIVIL PROCEDURE NOTES 1. 1987 Constitution

by special by the governed branch or instrumentality of the

Initiated by Initiated by Initiated by Private property shall not be taken for

The Supreme Court shall have the

- Exercise original jurisdiction over

President or Vice President, and may

The SC shall have the power to

The Supreme Court may review, in an 1. Protection and enforcement of

1. All cases in which constitutionality

A9A S7 (basis of Rule 64) General Jurisdiction

Authority of the court to hear and Appellate Jurisdiction

Venue Jurisdiction Concurrent / Confluent /

and appellate jurisdiction, or the Doctrine of Primary Jurisdiction

Jurisdiction of the court to the

SC and CA Rule 45 Rule 65

Mode of appeal Mode of review /

appeal or any plain, Original Jurisdiction of the Supreme

Appellate Jurisdiction of the Supreme

1 and 2- PURE QUESTIONS OF LAW

SUPREME COURT Administrative Supervision of the

1. Over court personnel JURISDICTION (via Petition for

R45 S1- a party desiring to appeal by

2. Actions which cannot be quantified

5. In all matters of probate, testate or

Appellate Jurisdiction: 6. In all actions involving the contract

officers or managers of such

1. Cases involving devices or Over all cases decided by MTCs, MuTCs,

determination of the filing fees. recovered. Where AF are awarded,

1. All cases of FE and UD, irrespective Jurisdiction over plaintiff

By filing of original complaint in a wrong (R1 person who

Conferred by law Formal Remedial

Not affected Affected by

1ST GROUP: for purposes of venue under

Mixed Action directly over a

Judgment is Judgment is Judgment is

Action in Personam Probate Action for Action for

Action Quasi In Rem cadastral Action to

Real Action Personal Mixed

resides, or in real actions shall actions govern (?)

Filed in court where R4 S1 or R4 S2 may

Mixed Action Quasi In Rem

Founded on both Action directed INITIATORY PLEADING

proceedings General Rule with respect to

Counter Answer to S412, LGC

3. offenses where there is no private

Succeeding 5. disputes involving parties who

I. BARANGAY CONCILIATION 7. where one of the parties is a

8. where accused is under police Those involving actual

Rules on appearance before Barangay

Effect of Amicable Settlement and

Reduce the number of litigations and S416, LGC

The amicable settlement or arbitration

The complaint is the pleading

IF, court has no jurisdiction, M2D R16 S1b

Motion to dismiss was denied, (importance of knowing BP129 as

R16 S4 states that if the motion is denied, Granted- Refile

Cases covered: Forcible entry and unlawful detainer

If any of the defendants does not reside

2. Lack of jurisdiction over the person

1. The parties have validly agreed in

Suppose, Real property is subject of

kung concern e personal action under R4 Remedy: raise the ground as an