Civpro Finals

RULE 1: GENERAL PROVISIONS
• Applicability of the Rules

o All courts EXCEPT SC
• Cases covered = civil, criminal and special proceedings
o Civil action – one by which a party sues another for the enforcement of a right, or the
prevention or redress of a wrong
§ Ordinary – governed by Rules on ordinary civil action
§ Special – governed by Rules on ordinary civil action BUT subject to specific
rules prescribed for special civil actions
o Criminal action – one by which the State prosecutes a person for an act or omission
punishable by law
o Special proceedings – remedy by which a party seeks to establish a status, a right, or a
particular fact
• Cases NOT covered
o Election cases
o Land registration
o Cadastral
o Naturalization
o Insolvency
o Other cases not herein provided for EXCEPT by analogy or in a suppletory character and
whenever practicable and convenient
• Commencement of an action
o By the filing of original complaint in court
o If additional defendant is impleaded in a later pleading
§ Action is commenced with regard to him on the date of filing such later pleading
• Irrespective of whether the motion for its admission, if necessary, is
denied by the court
• Construction
o Liberally construed in order to promote their objective of securing a just, speedy and
inexpensive disposition of every action and proceeding
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CIVPRO FINALS - Melgar
ORDINARY CIVIL ACTIONS
RULE 2: CAUSE OF ACTION
• Ordinary Civil Actions = every civil action must be based on a CAUSE OF ACTION
• Cause of action = act or omission by which a party violates the right of another
• One suit for a single cause of action = party may not institute more than one suit for a single
cause of action
• Effect of Splitting of a Single cause of action
o If 2 or more suits are instituted on the basis of the same cause of action
§ The filing of one OR
§ The judgment upon the merits in any one
• Is a GROUND FOR DISMISSAL of the others
• Joinder of Causes of action
o 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 conditions:
§ The party joining the COA shall comply with the Rules on Joinder of parties
§ Joinder shall NOT include special civil actions or actions governed by special
rules
§ Where the causes of action are between the SAME parties but pertain to different
venues or jurisdictions, the joinder may be ALLOWED in the RTC
• Provided one of the causes of action falls within the jurisdiction of said
court and venue lies therein
§ Where claims in all COA are principally for recovery of money, the AGGREGATE
AMOUNT shall be the test of jurisdiction
• Misjoinder of COA
o NOT a ground for dismissal
o Misjoined COA (motu proprio or upon motion of a party) may be severed and proceeded
with independently
RULE 3: PARTIES TO CIVIL ACTION
• Who may be parties

o Plaintiff – claiming party
§ Counter-claimant
§ Cross-claimant
§ Third/fourth party complainant
o Defendant – original defending party
§ Defendant in a counter-claim
§ Cross-defendant
§ Third/fourth party defendant
• Real Party in interest
o Party who stands to be benefited or injured by the judgment in the suit OR
o Party entitled to the avails of the suit
§ UNLESS otherwise authorized by law or these rules, EVERY ACTION must be
prosecuted or defended in the name of the RPI
• Representatives
o Someone acting in a fiduciary capacity
o Where the action is allowed to be prosecuted or defended by a Representative =
BENEFICIARY shall be included in the title = deemed to be the RPI
o Representative may be a:
§ Trustee of an express trust
§ Guardian of a ward
§ Executor or administrator of an estate
§ Party authorized by these Rules
§ Agent acting in his own name and for the benefit of an undisclosed principal may
sue or be sued without joining the principal
• EXCEPT when the contract involves things belonging to the Principal
• Spouses as parties
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o Husband and wife shall sue or be sued jointly
§ EXCEPT (under FC):
• Spouse without just cause abandons the other or fails to comply with
obligations to the family with respect to marital, parental or property
relations
• Spouse mortgages, encumbers or alienates or otherwise disposes of his
exclusive property
• Regime of separation of property governs the property relations of the
spouses
• Minors or incompetent persons
o Sue or be sued with the assistance of his father, mother, guardian or if he has none,
guardian ad litem
• Permissive Joinder of Parties
o All persons in whom or against whom any right to relief in respect to or arising out of the
same transaction or series of transactions is alleged to exist, whether jointly, severally or
in the alternative
§ May EXCEPT as otherwise provided, JOIN as plaintiffs or as defendants in one
complaint
§ Where any question od law or fact COMMON to all such P/D may arise in the
action
o But the court may make such orders as may be just to prevent any P/D from being
embarrassed or put to expense in connection with any proceedings in which he may have
no interest
• Compulsory Joinder of Indispensable parties
o Parties in interest without whom no final determination can be had of an action shall be
joined as P/D
• Necessary party
o NOT indispensable BUT who ought to be joined as a party:
§ If complete relief is to be accorded as to those already parties OR
§ For complete determination or settlement of the claim subject of the action
• Non-joinder of necessary parties to be pleaded
o Whenever any pleading in which a claim is asserted + necessary party is not joined =
pleader shall set forth his name if known
§ If not known, state why he is omitted
o Court: UNMERITORIOUS = order inclusion of omitted necessary party if jurisdiction over
his person may be obtained
o Failure to comply with order of inclusion without justifiable cause = WAIVER of claim
against such party
o Non-inclusion of NP does NOT prevent the court from proceeding in the action and the
judgment rendered shall be without prejudice to rights of NP
• Unwilling Co-Plaintiff
o If consent of any party who should be joined as plaintiff can NOT be obtained = he may be
made defendant + reason stated in the complaint
• Misjoinder and non-joinder
o NOT a ground for dismissal of an action
o Parties may be DROPPED or ADDED by order of the court on motion of any party or motu
proprio at any stage of the action + just terms
o Claim against a misjoined party = severed and proceeded with independently
• Class suit - requisites
o Subject matter of the controversy is one of COMMON or GENERAL interest to many
persons
o Persons are so numerous that it is IMPRACTICABLE to join all as parties
o A number of them which the court finds to be sufficiently NUMEROUS and
REPRESENTATIVE as to fully protect all parties concerned
o May sue or defend for the BENEFIT of all
§ Any party in interest shall have RIGHT TO INTERVENE to protect his interest
(Derivative Suit)
• Alternative defendants
o Plaintiff uncertain of against who of the several persons he is entitled to relief = he may
join any or all of them as D in the alternative
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§ Although right to relief against one may be inconsistent with the right against the
other
• Unknown identity or name of D
o He may be sued as the unknown owner, heir, devisee, etc
o When identity discovered = pleading amendment
• Entity without juridical personality as D
o 2 or more persons are organized as an entity WITHOUT juridical personality enter into
transaction = sued under the name by which they are generally or commonly known
o Answer: names and addresses of officers/members
• Death of a party
o Party pending action DIES + claim NOT extinguished = counsel must inform the court
within 30 days after such death + give names and addresses of legal representatives
§ Failure of counsel = disciplinary action
o Substitute: heirs may be allowed to be substituted for the deceased without need of
appointment of executor or administrator
§ Minor heirs = guardian ad litem
o Court shall order legal representatives to appear and be substituted within 30 days from
notice
o If NO Legal representative is named by counsel OR if named, failed to appear = court will
ORDER the opposing party to procure appoint of administrator or executor
§ Said legal a/e shall appeal for and on behalf of the deceased
• Transfer of interest
o Action may be continued by or against the original party (assignor/RPI)
§ UNLESS the court upon motion directs the assignee to be substituted in the
action or joined with the original party
• Action on contractual money claims
o Action for recovery of money arising from contract + defendant DIES BEFORE entry of
final judgment = not dismissed but allowed to CONTINUE UNTIL entry of FJ
• Indigent Party
o EX PARTE application and hearing = party has no money or property sufficient and
available for food, shelter and basic necessities for himself and his family
RULE 4: VENUE OF ACTIONS
• Venue of REAL actions

o Actions affecting title to or possession of real property or interest = COMMENCED and
TRIED in the proper court which has jurisdiction over the area wherein the real property
involved or a portion
§ Forcible entry and Unlawful detainer = MTC wherein real property or a portion
thereof is located
• Venue of PERSONAL actions
o Where the Plaintiff or any of the principal P = resides
o Where Defendant or any of the principal D = resides
o In case of NON RESIDENT D where he may be found = at the election of P
• Venue against NON RESIDENTS
o Any of the D does not reside and is not found in the PH + action affect PERSONAL
STATUS of P or any PROPERTY of D located in the pH = court of the place where the
plaintiff resides OR property or any portion is found
• Rule NOT applicable
o Those cases where a specific rule or law provides otherwise (ex. Action for damages in
libel cases)
o Where parties have validly agreed in writing before the filing of an action on the exclusive
venue thereof
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PROCEDURE IN RTC
RULE 6: KINDS OF PLEADINGS
• Pleadings = written statements of respective claims and defenses of parties submitted to

court for appropriate judgment
• Kinds of Pleadings allowed (9)

rd th
o Claims of a party = asserted in a Complaint, Counterclaim, Cross-claim, 3 /4
party complaint, Complaint in intervention
o Defenses of a party are alleged in the Answer to the pleading
§ Answer may be responded to by a Reply
• Complaint
o Initiatory pleading alleging the Plaintiff’s COA
o Names and residences must be stated
• Answer
o Responsive pleading in which the Defendant sets forth his defenses
§ Negative Defense
• The specific denial of the material fact or facts alleged in the
pleading of the claimant essential to his COA
§ Affirmative Defense
• An allegation of a new matter which, while hypothetically
admitting the material allegation in the pleading of the claimant,
would nevertheless prevent or bar recovery by him
o Include fraud, statute of limitations, release, payment,
statute of frauds, estoppel
• Counterclaim
o Any claim which the defending party may have against an opposing party
• Compulsory Counterclaim - requisites
o Cognizable by regular courts of justice
o Arises out of or is connected with the transaction or occurrence constituting the
subject matter of the opposing party’s claim
rd
o Does not require for its adjudication the presence of 3 parties of whom the court
cannot acquire jurisdiction
o Must be within the jurisdiction of the court both as to the amount and nature
thereof
§ EXCEPT that in an original action before RTC = CC may be considered
compulsory regardless of amount
• Permissive Counterclaim
o Absent any of the elements in a Compulsory CC
o Initiatory pleading
• Cross-claim
o Any claim by which one party against a co-party arising out of the transaction or
occurrence that is the subject matter of an original action or counterclaim
o May include a claim that the party against whom it is asserted is or may be liable
to the cross-claimant for all or part of claim asserted in the action against the
cross-claimant
• Counter-counterclaims
o May be asserted against an original counter-claimant
• Counter-cross-claims
o May be filed against an original cross-claimant
• Reply
o Pleading which functions to deny or allege facts in denial or avoidance of new
matters alleged by way of defense in the answer
o And thereby join or make issue as to such new matters
o If a party does not file a reply = all new matters alleged in the answer are
deemed CONTROVERTED
o If the plaintiff wishes to interpose any claims arising out of the new matters so
alleged = claims can be set forth in an amended or supplemental complaint
• Third, fourth-party complaint
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o Claim that a defending party may, WITH LEAVE OF COURT, file against a
person NOT a party to the action
§ For the contribution, subrogation, indemnity or any other relief in respect
of opponent’s claim
rd th
• Answer to 3 /4 -party complaint
rd th
o 3 /4 party D may allege in his answer his defenses, counterclaims, cross-claims
rd th
including such defenses that the 3 /4 party P may have against original
plaintiff’s claim
RULE 7: PARTS OF A PLEADING
• Caption – court name, title of action (names of parties), docket number

• Body – designation, allegations of party’s claim/defenses, relief prayed for and date of pleading
o ALLEGATIONS not the caption that determines the nature of the action
• Unsigned pleading produces NO EFFECT
o However the court may, in its discretion, may allow deficiency to be remedied
§ Cause: due to mere inadvertence and NOT intended for delay
• Verification
o Pleadings need NOT be under oath, verified or accompanied by affidavit EXCEPT when
otherwise required by law
§ Verified pleading = by an affidavit that the affiant has read the pleading;
allegations are true and correct of his personal knowledge; based on authentic
records
• Certification against forum shopping
o Required in a complaint or initiatory pleading
o Plaintiff shall certify under oath:
§ He has not commenced any action or filed any claim involving same issues in
any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no
such other action is pending
§ If there is such other pending action, a complete statement of the present status
§ If he should thereafter learn that the same or similar action has been filed or is
pending = report the fact within 5 days to court wherein his complaint has been
filed
o Effect of failure to include Certification against forum shopping
§ NOT curable by amendment
§ Cause DISMISSAL of the case without prejudice
§ UNLESS otherwise provided upon motion and after hearing
§ If DELIBERATE forum shopping = dismissal WITH prejudice
RULE 8: MANNER OF MAKING ALLEGATIONS IN PLEADINGS
• In general
o Plain, concise and direct statement of ultimate facts on which party pleading relies for his
claim or defense (basis of right sought for/defense)
§ Omitting statement of mere evidentiary fact
o Pertinent provisions of the law and applicability
• Alternative COA or defenses
o Party may set forth 2 or more statements of a claim or defense alternatively or
hypothetically
§ Either in one COA or defense in a separate COA or defense
o When 2 or more statements are made in the alternative and one of them if made
independently would be sufficient = pleading not made insufficient by insufficiency of one
or more alternative statements
§ Regardless of consistency but must be consistent in itself
• Conditions precedent
o General averment of the performance or occurrence of all conditions precedent =
sufficient
• Capacity = must be averred
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o Facts showing capacity to sue or be sued or
o Authority of a party to sue or be sued in a representative capacity or
o Legal existence of an organized association
§ Specific denial – party desiring to raise an issue as to the legal existence of any
party or the capacity to sue or be sued in a representative capacity
• Fraud, mistake, conditions of the mind
o Fraud or mistake = specific denial
o Malice, intent, condition of the mind = general
• Judgment
o Decision of a domestic or foreign court = general averment of decision without setting
forth matter showing jurisdiction
• Actionable Document
o Whenever an action or defense is based upon a WRITTEN instrument or document
§ Must set forth in the pleading and original = attached to the pleading as an exhibit
o Contesting an actionable document
§ Effect of actionable document: genuineness and due execution is deemed
admitted
§ UNLESS adverse party, under oath, specifically denies of them and sets forth
what he claims to be the facts
• Requirement of oath does NOT apply when the adverse party does
NOT appear to be a party to the instrument or when compliance with an
order of inspection is refused
• Specific denial
o Defendant must specify each material allegation of fact the truth of which he does not
admit and whenever practicable, shall set forth the substance of matters upon which he
relies to support his denial (specific denial + support)
o Where the D desires to deny only a PART of an averment
§ Specify so much of it as is true and material
§ Deny only the remainder
o Where the D is without knowledge or information sufficient to form a belief as to the truth
of a material averment made in the complaint = he must so state = have the effect of
denial
o Allegations not specifically denied are deemed admitted
• Striking out of pleading or matter contained therein
o Upon motion by a party before responding to a pleading OR if no responsive pleading is
permitted, upon motion made by a party within 20 days after service of the pleading
§ Upon him or upon motu proprio at any time = court may order any pleading to be
stricken out or that any sham/false/redundant/immaterial/scandalous matter be
stricken out
o Pending resolution to strike out, the running of period to answer is SUSPENDED
RULE 9: EFFECT OF FAILURE TO PLEAD
• Defenses and objections not pleaded

o General Rule: Defenses and objections not pleaded in a Motion to Dismiss or in the
Answer = deemed WAIVED
o Exceptions: Non-Waivable defenses = DISMISS the claim
§ Lack of jurisdiction over the subject matter
§ Litis pendencia
§ Res judicata
§ Prescription
• Compulsory CC or Cross-claim
o Not set up shall be BARRED
• Declaration of default
o If the defending party fails to answer within the time allowed = court shall (upon motion of
claiming party + notice to the other + proof such failure) DECLARE defending party in
DEFAULT
o Effect: Court shall render judgment granting claimant the relief prayed for in his pleading
§ UNLESS court in its discretion requires claimant to submit evidence
• Reception of evidence may be delegated to Clerk of Court
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o Effect of Order of default
§ Party declared in default = entitled to NOTICE of subsequent proceedings only
but NOT to take part in the trial
o Relief from Order of default
§ Party declared in default may after notice thereof + before judgment = file a
verified motion to set aside the order of default (show that failure to answer
was due to fraud/accident/mistake/excusable negligence + meritorious defense)
o Effect of Partial default
§ When a pleading asserting a claim states a common COA against several
defending parties, some answer + some fail to do so = court shall TRY the case
against all upon answers thus filed and render judgment upon evidence
presented
o Extent of relief to be conducted
§ Judgment against a party declared in default = NOT exceed the amount or be
different in kind from that prayed for nor award unliquidated damages
o Where NO DEFAULTS allowed – if defending party FAILS to answer
§ Court shall order the prosecuting attorney to investigate w/n COLLUSION exists
§ If no collusion = see if evidence is not fabricated
• Action for annulment
• Declaration of nullity of marriage
• Action for legal separation
RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS
• Amendments in general
o By adding, striking out an allegation or name of party
• Amendments as a MATTER OF RIGHT
o Amend his pleading ONCE as a matter of right = ANY TIME before RESPONSIVE
pleading is served (Answer = D; Reply = P)
o Or in case of a REPLY = any time WITHIN 10 DAYS after it is served
• Amendments by leave of court
o Substantial amendments may be made only upon LEAVE OF COURT (except when it is a
matter of right)
o Leave may be refused if it appears that motion was made with intent to delay
• Formal amendments
o May be summarily corrected = designation of parties + other clerical typographical errors
• Amendments to conform to or authorize presentation of evidence
o Issues NOT raised by the pleadings are tried with the express OR implied consent of the
parties
§ Treated in all respects as if they had been raised in the pleadings
o Such NECESSARY amendments to cause them to conform to evidence + raise these
issues may be made upon motion of any party at ANY TIME even AFTER JUDGMENT
§ Failure to amend = NOT affect the result of the trial of these issues
o If evidence is OBJECTED at the trial on the ground that it is not within the issued made by
the pleadings = court may allow pleadings to be AMENDED
• Supplemental pleadings
o Upon motion of a party = court may upon reasonable notice + just terms = permit him to
serve supplemental pleading
o With leave of court
• Effect of amended pleadings
o Supersedes the pleading it amends
o However, admissions in superseded pleadings + claims/defenses alleged not incorporated
in amended pleading =WAIVED
RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS

rd th
• Answer to the Complaint/3 /4 -party complaint
o Defendant shall file WITHIN 15 DAYS after service of summons
§ Unless a different period is fixed by the court
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• Answer of a defendant Foreign private juridical entity
o + Service of summons made on the government official designated by law to receive =
answer must be filed WITHIN 30 DAYS after receipt of summons
• Answer to Amended complaint
o Where Plaintiff files amended complaint as a MATTER OF RIGHT = answer WITHIN 15
DAYS after being served with a copy
o Where Plaintiff files amended complaint that is NOT A MATTER OF RIGHT = defendant
shall answer WITHIN 10 DAYS from notice admitting the same
• Answer to CC or Cross Claim
o WITHIN 10 DAYS from service
• Reply
o WITHIN 10 DAYS from service of pleading responded to
• Answer to Supplemental Complaint
o WITHIN 10 DAYS from notice of order admitting the same
§ Unless a different period is fixed by the court
• Omitted CC or Cross-claim
o Fails to set up CC through oversight/inadvertence/excusable neglect = WITH LEAVE OF
COURT set up the CC by amendment before judgment
• Extension of time to plead
o Motion + just terms = court MAY extend time to plead
o Motion + just terms = court MAY allow an answer or other responsive pleading filed after
time fixed by law
RULE 12: BILL OF PARTICULARS
• When filed: Before responding to a pleading

• How? Party may move for a definite statement or bill of particulars of any matter which is NOT
averred with sufficient definiteness or particularity
• Purpose: To enable him to properly prepare his responsive pleading
• In case of a Reply = motion must be filed WITHIN 10 DAYS from service
o It shall point out the defects complained of + paragraphs + details desired
• Action of the Court
o Clerk of Court must IMMEDIATELY bring it to attention of the court
§ Deny outright
§ Grant outright
• Order must be complied with WITHIN 10 DAYS from notice of order
§ Allow parties opportunity to be heard
o Effect of non-compliance with the order

§ Court may order the striking out of the pleading or portions thereof to which order
was directed
• STAY of period to file responsive pleading
o After service of BOP or after notice of denial = moving party may file his responsive
pleading within the period to which he was entitled at the time of filing his motion (period
stayed)
§ Must NOT be less than 5 DAYS
RULE 13: FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS
• Filing and service

o Filing = act of presenting the pleading or other paper to the clerk of court
o Service = act of providing a party with a copy of the pleading or paper concerned
§ If any party has appeared by counsel = service upon the counsel, unless service
upon party is ordered by court
• Manner of filing
o Present original copies PERSONALLY to clerk of court or by SENDING them by
registered mail
§ Clerk of Court shall endorse on the pleading the date and hour of filing
§ Registered mail = date of mailing
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• MODES OF SERVICE
o Personal service
§ Completed upon actual delivery
§ Delivering PERSONALLY a copy to the
• Party
• Counsel
• By leaving it in his office with his clerk or person having charge thereof
o If no person found/unknown office = leave the copy between
8am-6pm at the party’s or counsel’s RESIDENCE
o With a person of sufficient age and discretion
o Registered Mail
§ Completed upon actual receipt by addressee of AFTER 5 DAYS from date he
received first notice of postmaster, whichever is earlier
§ Depositing the copy in the post office in a sealed envelope
§ Addressed to the party or counsel’s office, if know
• If not known = RESIDENCE if known
§ If undelivered = RETURN to sender after 10 days
§ If no registry service available = ORDINARY MAIL
• Completed upon expiration of 10 DAYS after mailing, unless court
otherwise provides
o Substituted service - in default of Personal Service/Registered Mail or unknown
office/residence
§ Delivering copy to Clerk of Court
§ With Proof of failure of both personal and mail service
• Service of Judgments, final orders or resolutions
o Personal Service
o Registered Mail
o Publication – if party summoned by publication to appear in the action, judgment shall be
served upon him by publication at the expense of winning party
• Priorities in modes of service and filing
o Whenever practicable = PERSONALLY
o Except with respect to papers emanating from court = resort to other modes must be
accompanied by WRITTEN explanations why service or filing was not done personally
• Proof of service
o Personal – written admission of party served OR official return of server OR affidavit of
party serving with full statement of date/place/manner of service
o Ordinary mail – affidavit of person mailing of facts showing compliance with service by
mail conditions
o Registered mail – affidavit + registry receipt issued by mailing office + registry return card
filed immediately upon receipt by sender
• NOTICE OF LIS PENDENS
o Action affecting title or right of possession of real property, the P/D when affirmative relief
is claimed in his answer = record in the office of the RoD in which property is situated =
NOTICE OF PENDENCY of action
§ Notice shall contain the names/object of action/description
§ WITHOUT leave of court
§ Constructive notice
o CANCELLATION of Notice of Lis Pendens = only WITH leave of court
§ Upon showing that notice is for the purpose of:
• Molesting the adverse party
• Not necessary to protect the right of the party who caused it to be
recorded
RULE 14: SUMMONS
• When filed: Upon filing of complaint and payment of docket fees
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• Who issues summons: Clerk of Court to defendants
• Contents
o Directed to defendant
o Signed by Clerk under seal
o Name of court
o Names of parties
o Direction that D must answer within time fixed by Rules
o Notice that unless D so answers, P will take judgment by default and may be grated relied
applied for
• Who serves the summons issued by Clerk
o Sheriff
o His deputy
o Court officer
o Suitable person authorized by court
• Return
o When service has been completed, server shall serve a copy of the return to plaintiff’s
counsel WITHIN 5 DAYS upon completion of service + RETURN summons to clerk who
issued it + Proof of service
§ Personally
§ Registered mail
• SERVICE OF SUMMONS
o Personal service
§ On the person of defendant
§ Served by HANDING a copy to the defendant in person OR
§ If he refuses to receive + sign = TENDERING it to him
o Substituted service - requisites
§ Defendant cannot be served within a reasonable time
§ Exerted efforts to locate D
§ Served by leaving copies of summons at D’s residence to a person of sufficient
age and discretion OR if left at D’s office with a competent person in charge
§ Stated in the return of service
o Publication (in 2 cases)

§ Foreign Private Juridical Entity NOT registered in the PH or has NO resident
agent
• Service WITH LEAVE of court + effected out of the PH
§ Extraterritorial service – D does NOT reside and NOT found in PH
• Service WITH LEAVE of court + effected out of the PH
• Proof of service
o Made in writing by server
o Set forth manner, place, date of service
o Specify served papers
o Name of person who received
o Sworn to when made by person other than Sheriff
• Proof of service by publication
o Affidavit of printer/clerk/editor
o Copy of affidavit of publication = attached
o Affidavit showing deposit of copy of summons and order of publication in post office
o Sent by registered mail to D’s last known address
• Service upon Domestic Private Juridical Entity
o Organized under PH laws with juridical personality
o Service may be made on:
§ President
§ Managing partner
§ General manager
§ Corporate secretary
§ Treasurer
§ In-house counsel
• Service upon Foreign Private Juridical Entity
o Transacted business in the PH
o Service may be made on:
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§ Resident agent
§ If no agent, Government official designated by law to that effect
• Or any of its officers or agents within the PH
o If NOT registered in PH or has NO resident agent, service may be made + WITH LEAVE:
§ Personal service through appropriate foreign court with DFA’s assistance
§ Publication once in a newspaper of general circulation in country where D may
be found + Registered mail of summons and court order
§ Facsimile or any recognized electronic evidence that could generate proof of
service
§ Such other means as the court may in its discretion direct
• Service upon Public Corporations
o On the Solicitor-General
o In case of municipality/province/city = local executive heads or officers
• Service upon D whose identity or whereabouts are unknown
o Cannot be ascertained with diligent inquiry
o Publication - WITH LEAVE OF COURT; for such time that court may order
• Extraterritorial service
o D does not reside and is not found in PH + action affects personal status of P or subject
matter of which is the property within PH
o WITH LEAVE OF COURT
§ Personal service
§ Publication
§ Any other manner that court may deem sufficient
o NOT LESS THAN 60 DAYS to answer
• Temporarily out of PH
o WITH LEAVE OF COURT + can be effected out of PH
• Leave of Court
o Motion in writing
o Affidavit
o Grounds for application
• Voluntary appearance
o Equivalent to service of summons
o Inclusion in a MD of other grounds aside from lack of jurisdiction over the person of the
defendant shall NOT be deemed to a VA
RULE 15: MOTIONS
• Motion
o Application for relief other than by a pleading
o GR: Must be in writing
o E: Those made in open court or in the course of hearing/trial
o Contents:
§ Relief prayed for
§ Grounds upon which it is based
§ Supporting affidavits + other papers
• Hearing of motion
o GR: Every written motion shall be set for HEARING + NOTICE of hearing served to other
party at least 3 DAYS before date of hearing (unless court for a good cause sets hearing
on shorter notice) + PROOF OF SERVICE (necessary before court acts upon motion)
o E: Motions which the court may act upon without prejudicing rights of adverse party
• Notice of hearing
o Addressed to all parties
o Specify time and date of hearing which must NOT be later than 10 DAYS after filing of
motion
• OMNIBUS MOTION
o Motion attacking a pleading, order or judgment shall include ALL OBJECTIONS then
available
o All objections NOT included = WAIVED
o Except for NON-WAIVABLES (LARP)
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RULE 16: MOTION TO DISMISS
• When to file: BEFORE filing an answer to the complaint or pleading asserting a claim
• Grounds
a) That the court has no jurisdiction over the person of the defending party;
b) That the court has no jurisdiction over the subject matter of the claim;
c) That venue is improperly laid;
d) That the plaintiff has no legal capacity to sue;
e) That there is another action pending between the same parties for the same cause;
f) That the cause of action is barred by a prior judgment or by the statute of limitations;
g) That the pleading asserting the claim states no cause of action;
h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned,
or otherwise extinguished
i) That the claim on which the action is founded is enforceable under the provisions of the statute of
frauds; and
j) That a condition precedent for filing the claim has not been complied with.
• Hearing of MD
o Parties shall submit arguments on questions of law
o Evidence EXCEPT those not available at that time
o If case goes to trial, evidence presented during hearing shall automatically form part of the
party presenting the same
• Resolution of motion after hearing
o Dismiss + reasons
o Deny + reasons
o Amend + reasons
o Court shall not defer resolution of motion for reason that ground relied upon is not
indubitable
• Time to plead
o Denied = file answer WITHIN BALANCE of period stated in Rule 11 (15d/30d/60d) entitled
at the time of serving his motion
o But NOT less than 5 days computed from receipt of denial
o Amended = file answer WITHIN PERIOD in Rule 11 counted from service of amended
pleading unless court provided a longer period
• Effect of dismissal
o Subject to right of APPEAL
o MD based on F, H, I (grounds) shall BAR refiling of same action or claim
• Pleading grounds as affirmative defense
o If no MD has been filed, any of the grounds for dismissal may be pleaded as an
AFFIRMATIVE DEFENSE in the answer
o In the court’s discretion = preliminary hearing may be had as if a MD had been filed
o Dismissal of complaint = WITHOUT prejudice to prosecution of same or separate action of
CC pleaded in the answer
RULE 17: DISMISSAL OF ACTION
• Dismissal upon notice BY Plaintiff

o File NOTICE of dismissal
o Any time BEFORE SERVICE OF ANSWER or motion for summary judgment (Rule 35)
o Court shall order confirming dismissal
o GR: Dismissal is WITHOUT PREJUDICE
o E: Notice operates as an adjudication upon merits when filed by plaintiff who has once
dismissed in a competent court an action based on or including same claim
• Dismissal upon motion OF Plaintiff
o Complaint may NOT be dismissed at plaintiff’s instance save upon approval of the court
and upon such terms and conditions as the court deems proper
o Dismissal WITHOUT PREJUDICE
• Class suit
o Not dismissed or compromised without Court approval
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• Dismissal due to FAULT of Plaintiff
o For no justifiable cause, Plaintiff fails to:
§ Appear on date of presentation of evidence in chief on the complaint
§ Prosecute his action for an unreasonable length of time
§ Comply with these Rules
§ Comply with order of the court
o Dismissal WITH PREJUDICE (effect of an adjudication upon the merits)
rd
• Dismissal of CC, Cross-claim, 3 party complaint
o Voluntary dismissal by claimant by notice = made BEFORE responsive pleading or motion
for summary judgment is served
o Or if there is none, BEFORE introduction of evidence at the trial or hearing
RULE 18: PRE-TRIAL
• When conducted: WITHIN 5 DAYS AFTER LAST PLEADING has been served and filed
• Duty of Plaintiff: Promptly move EX PARTE that the case be set for pre-trial
• Nature: MANDATORY
• Purpose
(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute
resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
(d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a commissioner;
(g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing
the action should a valid ground therefor be found to exist;
(h) The advisability or necessity of suspending the proceedings; and
(i) Such other matters as may aid in the prompt disposition of the action
• Notice of Pre-Trial
o Served on the counsel OR on party who has no counsel
o Duty of counsel to notify party represented
• Appearance of parties
o Mandatory to appear at pre-trial
o Non Appearance EXCUSED
§ Valid cause is shown OR
§ If a representative shall appear in his behalf
• Fully authorized in WRITING
o Enter into an amicable settlement
o Submit to ADR
o Enter into stipulations and admissions of facts and documents
• Effect of failure to appear at pre-trial
o Plaintiff = Dismissal WITH PREJUDICE
o Defendant = Cause to allow the P to present EVIDENCE EX PARTE + court to render
JUDGMENT
• Pre-trial brief
o When filed: At least 3 DAYS before date of pre-trial
o File in court and serve on adverse party
o Contents:
(a) A statement of their willingness to enter into amicable settlement or alternative modes
of dispute resolution, indicating the desired terms thereof;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The issues to be tried or resolved;
(d) The documents or exhibits to be presented stating the purpose thereof;
(e) A manifestation of their having availed or their intention to avail themselves of
discovery procedures or referral to commissioners; and
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(f) The number and names of the witnesses, and the substance of their respective
testimonies.
• Effect of failure to submit pre-trial brief

o Plaintiff = Dismissal WITH PREJUDICE
o Defendant = Cause to allow the P to present EVIDENCE EX PARTE + court to render
JUDGMENT
• Pre-trial Order
o Pre-trial proceedings shall be recorded
o Court shall issue order
o Contents:
§ Matter taken up in the conference
§ Amendments allowed to the pleadings
§ Agreements/admissions made by parties
o If trial continues = contents of the order CONTROL (unless modified before trial to prevent
manifest unjustice)
RULE 19: INTERVENTION
• Intervention: ancillary legal proceeding by which a person, not a party to the action, is permitted
by court to become a party thereto
• Who may intervene
o Person who has legal interest in the matter in litigation or in the success of either parties
or any interest against either or both
o So situated as to be adversely affected by a distribution or other disposition of property in
the custody of the court or of an officer thereof
o With leave of court
o Not unduly delay or prejudice the adjudication of the rights of the original parties
o W/N Intervenor’s rights may be fully protected in a separate proceeding
o Copy of the pleading-in-intervention shall be attached to the motion + served on the
original parties
• Time to intervene
o GR: Any time BEFORE RENDITION of judgment by trial court
o E: Indispensable party OR the Republic of the PH = even before the SC
RULE 21: SUBPOENA
• Subpoena ad testificandum
o Process directed to a person requiring him to attend and to testify at the hearing or trial of
an action or at any investigation conducted by competent authority, or for the taking of his
deposition
• Subpoena duces tecum
o Process directed to a person requiring him to bring with him any books, documents, or
other things under his control
• Who issues?
o Court before whom the witness is required to attend;
o Court of the place where the deposition is to be taken;
o Officer or body authorized by law to do so in connection with investigations conducted by
said officer or body; or
o Any Justice of the Supreme Court or of the Court of Appeals in any case or investigation
pending within the Philippines
§ Application for subpoena to prisoner = must be for a valid purpose
§ No prisoner sentenced to RP,LI,D = brought outside unless authorized by SC
• Form and Contents
o Name of court
o Title of action
o Directed to person whose attendance is required
o In case of Duces Tecum, the reasonable description of the books/documents/things
demanded which appear to the court prima facie relevant
• Quashing a subpoena
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o Duces Tecum
§ Upon motion promptly made + in any event, AT or BEFORE time specified if it is
unreasonable and oppressive, or the relevancy of books does not appear or if
person in whose behalf subpoena is issued failed to advance reasonable cost of
production
o Ad testificandum
§ Witness not bound thereby
§ Witness fees and kilometrage allowed were not tendered when subpoena was
served
• Service
o BOTH CASES: Original shall be exhibited and copy delivered to person to whom it is
served + tender the fees for 1 day’s attendance + kilometrage allowed by these Rules
o Except: When issued by or on behalf Republic of PH = no need for tender
o Personal service
§ On the person of defendant
§ Served by HANDING a copy to the defendant in person OR
§ If he refuses to receive + sign = TENDERING it to him
o Substituted service - requisites
§ Defendant cannot be served within a reasonable time
§ Exerted efforts to locate D
§ Served by leaving copies of summons at D’s residence to a person of sufficient
age and discretion OR if left at D’s office with a competent person in charge
§ Stated in the return of service
• Compelling attendance
o Failure to appear: Proof of Failure to attend + Proof of Service = issuing court will issue
WARRANT of arrest executed by the Sheriff
o EXCEPTION: No WOA/Contempt
§ Witness resides more than 100KM from his residence to place where he is to
testify by ordinary course of travel
§ Detention prisoner if no permission of court in which his case is pending was
obtained
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MODES OF DISCOVERY
a. Depositions pending action

b. Depositions before action/pending appeals
c. Interrogatories to parties
d. Admission by adverse party
e. Production or Inspection of document or things
f. Physical and Mental examination of persons
IN GENERAL
• Deposition – written testimony of a witness given in the course of a judicial proceeding in advance
of the trial or hearing upon oral examination or in response to written interrogatories
• Classification of depositions
o Deposition de bene esse (Rule 23)
o Deposition perpetuam rei memoriam (Rule 24)
RULE 23: DEPOSITIONS PENDING ACTION
• Deposition de bene esse – taken for the purposes of a pending action

• When filed:
o After jurisdiction has been obtained over D or over property subject of the action but
BEFORE ANSWER has been filed + WITH LEAVE OF COURT
o If deponent is confined in prison = WITH LEAVE
o AFTER ANSWER has been served + deponent is not confined in prison = WITHOUT
LEAVE
• Who may take deposition
o Any party to an action may take deposition of another
• How
o Depositions upon Oral examination of parties
o Depositions upon Written interrogatories to parties
• Scope of examination
o Deponent may be examined in any matter NOT privileged
o That which is relevant to the subject of the pending action, whether relating to the claim or
defense of any other party
o Not restricted my protective order
• Use of Depositions
o Where used
§ At the trial
§ At hearing of a motion
§ At a hearing of an interlocutory proceeding
o Against whom used
§ Party present at the time of the taking
§ Party represented at the time of taking
§ Party notified of its taking
o Uses of deposition
§ To contradict or impeach testimony of deponent as witness
§ Used by an adverse party for any purpose where the deponent, at the time of
taking, was an officer/director/managing agent of a public/private corporation
§ Used by any party for any purpose if courts finds that:
• Witness is dead
• Witness resides more than 10-km from place of hearing or is out of the
PH (unless absence procured by party offering deposition)
• Witness unable to attend or testify due to
age/sickness/infirmity/imprisonment
• Party offering deposition has been unable to procure attendance
witness by subpoena
• Upon application and notice, such exceptional circumstances exist
§ Where only a part of deposition is offered by evidence = adverse party may
require introduction of the remaining
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• Before whom depositions may be taken
o Within PH
§ Any judge
§ Notary public
§ Any person authorized to administer oaths
o Foreign countries
§ Consul general
§ Consul
§ Vice consul
§ Consular agent of PH
§ Person or officer appointed by commission
§ Person or officer appointed under letter rogatory
§ Any person authorized to administer oaths
• Commission or letters rogatory
o Issued only when necessary or convenient, on application and notice, on such terms +
directions as are just and appropriate
• Protection order
o Provides protection to party or witness BEFORE taking deposition
o Motion is filed in court in which action is pending
o Ground: for any good cause shown
• Motion to terminate or limit examination
o Provides such protection DURING deposition
o Motion is filed with court in which action is pending OR RTC of the place where the
deposition is being taken
o Grounds: bad faith or in such manner as unreasonable to annoy or embarrass the
deponent or party
RULE 24: DEPOSITIONS BEFORE ACTION OR PENDING APPEALS
• Deposition perpetuam rei memoriam – taken to perpetuate the testimony of a witness for
purposes of an anticipated action or further proceedings in case of appeal
• Who may file (only in civil cases)
o Any person who want to perpetuate his OWN testimony
o Who wants to perpetuate the testimony of OTHERS
• Where filed:
o VERIFIED petition in the court of the place of the adverse party’s residence
• When filed: before action or pending appeal
• Use of deposition BEFORE ACTION
o Used in any action involving the same subject matter subsequently brought
• Use of deposition PENDING APPEAL
o Used in the event of further proceedings in the court of origin or appellate court
• How
o Oral examination
o Written interrogatories
RULE 25: INTERROGATORIES TO PARTIES

• Purpose: to elicit material and relevant facts from any adverse party
o Seeks to disclose all material and relevant facts from a party
o Answers may also be used as admissions of the adverse party)
• Written interrogatories + answers = FILED AND SERVED
o Answers may constitute as judicial admissions
• Service of written interrogatories to parties
o AFTER answer has been served = WITHOUT leave of court
o BEFORE answer has been served = WITH leave of court
• Objections to interrogatories
o Presented to court WITHIN 10 DAYS after service + notice as in the case of a motion
• Scope of examination
18
o Deponent may be examined in any matter NOT privileged
o That which is relevant to the subject of the pending action, whether relating to the claim or
defense of any other party
o Not restricted my protective order
• Effect of failure to serve written interrogatories
o He may NOT be compelled to:
§ Give testimony in open court
§ Give deposition pending appeal
o Unless court allows the same for a good cause and to prevent failure of justice
RULE 26: ADMISSION BY ADVERSE PARTY

• When filed: Any time AFTER ISSUES have been joined (after responsive pleading has been
served)
• What to file: Written request for the admission of the following:
o Admission of the genuineness of any material and relevant document described in and
exhibited with request
o Admission of the truth of any material and relevant matter of fact set forth in the request
o Matter of fact NOT related to any documents = may be presented to the other party for
admission or denial
• Implied admissions
o Each of the matters of which an admission is requested = deemed admitted
o UNLESS within a period designated in the request which shall NOT be less than 15 DAYS
after service = Party files and serves a sworn statement
§ Either denying specifically the matters of which an admission is requested OR
§ Setting forth reasons why cannot either deny or admit
o Remedy: file a MOTION to be relieved of the consequences of the implied admission
• Use of admission
o For the purpose of the pending action only
o NOT constitute an admission by him for any other purpose
o NOT used against him in any other proceeding
RULE 27: PRODUCTION OR INSPECTION OF DOCUMENT OR THINGS

• What to file: Motion for production or inspection of document or things + good cause
• Application:
o Only applies to a pending action
o Documents or things subject of the motion = must be only those within the possession,
control or custody of a party (limited to parties to the action)
• When issued:
o Only upon MOTION + NOTICE to adverse party
• Requisites:
o Motion filed by party showing good cause
o Motion must sufficiently describe document/thing sought to be produced or inspected
o Document/thing must constitute evidence material to any matter involved in the action
o Document/thing = NOT privileged
o Document/thing = in the possession or under the control of adverse party
RULE 28: PHYSICAL AND MENTAL EXAMINATION OF PERSONS

• What to file: Motion for physical and mental examination of a party + good cause
• When ordered: action in which the mental or physical condition of a party is in controversy
• Requisites:
o Motion must be filed
o Motion must show good cause for examination
o Mental or physical condition of a party is in controversy
19
o Motion shall specify time, place, conditions and scope of the examination and person by
whom it is made
RULE 29: REFUSAL TO COMPLY WITH MODE OF DISCOVERY

• Refusal to answer any question
o Compel
o Contempt
• Refusal to be sworn
o Contempt
• Refusal to answer designated questions or refusal to produce documents or to submit to physical
or mental examination
o Enter judgment by default
o Prohibit disobedient party to introduce evidence
o Dismiss
o Contempt EXCEPT in case of refusal to submit to physical/mental examination
• Refusal to admit
o Pay reasonable expenses + attorney’s fees
• Failure of a party to attend or serve answers to written interrogatories
o Enter judgment by default
o Dismiss
o Payment of reasonable expenses
RULE 30: TRIAL

• Notice of trial
o Upon entry of case in trial calendar, WITHIN 5 DAYS before date of trial
o Clerk shall NOTIFY parties the date of trial
• Motion to postpose trial for absence of evidence
o Upon showing of affidavit showing materiality of evidence
o Due diligence has been used to procure it
o BUT if the adverse party admits facts to be given in evidence, even if he objects or
reserves right to object = trial shall NOT be postponed
• Motion to postpose trial for illness of party or counsel
o Upon affidavit or sworn certification = presence of such party is indispensable + character
of illness is such as to render non-attendance
• Order of trial
o Trial LIMITED to issues stated in pre-trial order
o Procedure:
§ P shall adduce evidence in support of his complaint
rd
§ D shall adduce evidence in support of his defense, CC, cross-claim, 3 party
complaint
rd
§ 3 party defendant, if any, shall adduce evidence
§ Parties against whom any CC or cross claim has been pleaded = adduce
evidence in support of their defense
§ Parties may respectively adduce rebutting evidence for good reasons and in
furtherance of justice
• Unless court allows parties to adduce evidence upon original case
§ Upon admission of evidence = case deemed submitted for decision
• Unless court directs parties to argue or submit memoranda
• Agreed statement of facts
o Parties may agree IN WRITING upon facts involved in litigation
o Submit case for judgment WITHOUT introduction of evidence
• Suspension of actions
o Governed by NCC
• Judge to receive evidence
o Judge of the court shall receive evidence PERSONALLY
o However in DEFAULT or EX PARTE or when AGREED by parties
20
§ Reception of evidence may be delegated to Clerk of Court
• Clerk has no power to rule on objections
o Resolved within 10 days
RULE 31: CONSOLIDATION OR SEVERANCE

• Consolidation
o GR: Discretionary
o E: Pending before same judge OR filed with different branches of same RTC and one of
such cases has not been partially tried
o Requisites:
§ Action involves common question of law or fact
§ 2 or more actions pending before the court
§ Procedure:
• JOINT hearing or trial or TRY any or all the matters in issue in the
actions +
• Order the actions CONSOLIDATED +
• Make orders concerning proceedings as may tend to avoid unnecessary
costs or delay
o 3 Kinds of Consolidation
§ Consolidation proper – consolidating existing cases; joint trial with joint
decision, cases retain original docket number
§ Test case method – hearing only principal case and suspending the hearing on
other cases UNTIL judgment has been rendered in the principal case. Cases
retain original docket number
§ Recasting cases already instituted – reshaping the cases by amending the
pleading and dismissing some cases and retaining only one case. There must be
a joinder of COA and of parties
• Separate trials
o In furtherance of convenience or to avoid prejudice
o Order separate trial of any:
§ Claim
§ CC
§ Cross claim
rd
§ 3 party complaint
o Order trial of separate issue or of any number of claims or issues
RULE 32: TRIAL BY COMMISSIONER

• Can be appointed even the case has become final and executory
• Reference by consent
o Written consent of both parties
o All or some of issues be referred to Commissioner
• Reference ordered on motion
o Parties do NOT consent
o Upon application of either or of its own motion = Court may direct reference to
commissioner
o Grounds:
§ Examination of long account
§ Taking of an account is necessary
§ Carrying a judgment or order into effect
§ Question of fact, other than upon pleading arises
• Order of reference
o State purpose
o In writing
o Specify or limit the power of Commissioner
• Power of Commissioner
21
o Exercise power to regulate proceedings before him
o Do all acts and take measures necessary for efficient performance of his duties
o Swear witnesses
o Issue subpoenas and subpoena duces tecum
o Unless otherwise provided in such order, Rule on admissibility of evidence
• Failure of parties to appear before Commissioner
o Where order was merely to examine accounts involved in CC without any direction to hold
hearings
§ Commissioner does not need the presence of parties
RULE 33: DEMURRER TO EVIDENCE

• Demurrer to evidence – Motion to Dismiss based on ground of insufficiency of evidence
o Filed by defendant
o Plaintiff has shown no right to reilief
• When filed? AFTER Plaintiff has completed presentation of evidence
• Court action:
o Denied = defendant shall have the right to present evidence
o Granted = but on appeal the order of dismissal is REVERSED, he shall be deemed to
have WAIVED right to present evidence
RULE 34: JUDGMENT ON THE PLEADINGS

• Answer FAILS to tender an issue OR otherwise ADMITS material allegations of adverse party’s
pleading
• Court may, upon MOTION of that party = direct JUDGMENT on such pleading
• However in actions for declaration of nullity of marriage or annulment of marriage or legal
separation = material facts alleged in the complaint shall always be proved
RULE 35: SUMMARY JUDGMENT

• Summary judgment or “accelerated judgment”
o Judgment rendered by a court WITHOUT TRIAL
• Ground:
o NO genuine issue or controversy as to any material fact
§ Genuine issue = issue of fact which calls for presentation of evidence as
distinguished from an issue which is a sham, fictitious, contrived and patently
unsubstantial so as not to constitute a genuine issue for trial
o Except as to the amount of damages
• SJ for Claimant
o Party seeking to recover upon any claim/CC/cross claim OR to obtain a declaratory relief
o When filed: Any time AFTER pleading in answer has been served
o With supporting affidavits + depositions + admissions for summary judgment in his favor
• SJ for Defending party
o A party against whom a claim/CC/cross claim is asserted OR a declaratory relief is sought
o When filed: Any time
o With supporting affidavits + depositions + admissions for summary judgment in his favor
• Motions and proceedings
o Motion served at least 10 DAYS BEFORE time specified for the hearing
o Adverse party may serve opposing affidavits at least 3 days before hearing
• Cases not fully adjudicated on motion
o If judgment not rendered upon whole case + trial is necessary = court at the HEARING of
motion, must ASCERTAIN what material facts exist without substantial controversy and
what are actually and in good faith controverted
22
RULE 36: JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF
• Rendition of judgments and final orders
o Must be IN WRITING
o Personally and directly prepared by the judge
o State clearly and distinctly facts and law on which it is based
o Signed by him
o Filed with clerk of court
• Entry of judgments and final orders
o NO appeal or Motion for New Trial or MR is filed within time provided in these Rules
o Judgment or final order shall be entered by Clerk in book of entries of judgments
o Date of finality of judgment or final order = DATE OF ITS ENTRY
• Judgment against one or more of several parties
o When justice demands = court may REQUIRE parties to file ADVERSARY PLEADINGS
as between themselves + determine the ultimate rights and obligations
• Several judgments
o Action against several D = court may render judgment against one or more of them,
leaving action to proceed against the others
• Separate judgment
o In case of separate judgment rendered, the court by order may STAY its enforcement until
rendition of subsequent judgment + prescribe such conditions as may be necessary to
secure the benefit to the party in whose favor judgment is rendered
23
REMEDIES AVAILABLE TO DEFENDING PARTY
a. Motion for New Trial

b. Motion for Reconsideration
c. Appeal
RULE 37: NEW TRIAL OR RECONSIDERATION

• Period to file:
o WITHIN PERIOD for taking an APPEAL
§ New Trial = within 15/30 DAYS FROM NOTICE
§ Reconsideration = within 60 DAYS – 6 MONTHS FROM ENTRY
o Within the same period = aggrieved party may also file a Motion for Reconsideration
• Motion filed: Motion to set aside the judgment or final order and grant new trial based on one of
the causes materially affecting substantial rights of said party
• Grounds for Motion for New Trial:
o Fraud, accident, mistake or excusable negligence
§ Which ordinary prudence could not have guarded against and by reason of which
such aggrieved party has probably been impaired in his rights; or
• This cause must be supported by affidavits of merits
o Newly discovered evidence
§ Which he could not, with reasonable diligence, have discovered and produced at
the trial, and which if presented would probably alter the result
• This cause must be supported by affidavits of witnesses by whom such
evidence is expected to be given OR by duly authenticated documents
proposed as evidence
• Grounds for MR:
o Damages awarded are excessive
o Evidence is insufficient to justify the decision or final order
o Decision or final order is contrary to law
§ Grounds under MR shall point out specifically the findings and conclusions of
judgment which are NOT supported by evidence or contrary to law or
§ Proven by making express reference to testimonial or documentary evidence
• Contents
o In writing
o State grounds
o Written NOTICE served by movant on adverse party
• Pro forma motion for NT/MR
o Shall NOT toll the reglementary period of appeal
• Court action
o Trial court may SET ASIDE + GRANT new trial
o DENY motion
o Order AMENDMENT of judgment or final order if court finds that excessive damages have
been awarded OR judgment is contrary to law
• Resolution of motion
o Must be resolved within 30 DAYS from submission for resolution
• SECOND Motion for New Trial
o Include all grounds then available
o Those not included = WAIVED
st
o Second motion based on ground not existing when 1 motion was made = filed within time
st
herein provided EXCLUDING time during which 1 motion had been pending
nd
§ NO party shall be allowed a 2 MR of judgment or final order
• Effect of granting New Trial
o Original judgment or final order shall be VACATED + action shall stand for TRIAL DE
NOVO
o But the material and competent evidence recorded in the former trial = USED at the new
trial without retaking the same
• Partial New Trial or Reconsideration
o If grounds for motion appear to the court to:
§ Affect issues as to only a part or less than all of the matter in controversy
24
§ Affect only one or less than all of the parties to it
o Court may order NT/R as to such issues if severable without interfering with the judgment
or final order upon the rest
• Effect of order for partial NT
o When less than all of issues are ordered retried, Court may
§ Enter judgment as to the rest OR
§ Stay the enforcement of such judgment or final order
• Remedy against order DENYING MNT/MR
o NOT APPEALABLE
o Only Appeal from Judgment or Final Order
RULE 38: RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS

• Petition for relief from judgment or final order
o When a judgment is entered OR any other proceeding is thereafter taken against a party
in any court through FAME
§ Adverse party may file petition in such court + same case = Petition to set aside
judgment or final order
o Period to file: VERIFIED PETITION + WITHIN 60 DAYS after petitioner learns of

judgment to be set aside + NOT MORE THAN 6 MONTHS after such judgment was
entered
§ Supported with affidavits showing FAME + facts constituting petitioner’s good
and substantial COA or defense
• Petition for relief from denial of appeal
o When a judgment or final order is rendered by any court + party by FAME has been
prevented from taking an appeal
§ File a Petition same court + same case = praying that appeal be given due
course
o Period to file: VERIFIED PETITION + WITHIN 60 DAYS after petitioner learns of
judgment to be set aside + NOT MORE THAN 6 MONTHS after such judgment was
entered
§ Supported with affidavits showing FAME + facts constituting petitioner’s good
and substantial COA or defense
• Order to file answer
o If petition is sufficient in form and substance to justify relief = court in which it is filed
ISSUE ORDER requiring adverse party to answer WITHIN 15 DAYS from receipt
§ Order served in such manner as court may direct + copies of petition +
accompanying affidavits
• Preliminary injunction pending proceedings
o Court in which it is filed = GRANT PI as may be necessary for preservation of rights of
parties
o Upon filing by petitioner of a BOND in favor of adverse party
o Conditioned that if petition is dismissed or petitioner fails on the trial of the case upon its
merits = he will PAY adverse party all DAMAGES and costs that may be awarded to him
by reason of PI issues in his favor
o Injunction shall NOT operate to discharge or extinguish any lien which adverse party may
have acquired upon property of petitioner
• Procedure after answer is filed
o After filing of an answer or expiration of period
o Court shall HEAR the petition
o After hearing, if court finds that allegations are NOT TRUE = petition shall be DISMISSED
o If allegations are TRUE = SET ASIDE the judgment or final order or other proceeding
complained of
o Case shall STAND as if such judgment had never been rendered, issued or taken
o Court will proceed to hear and determine the case as if a timely MNT or MR had been
granted by it
• Procedure where denial of an appeal is set aside
o Lower court required to give DUE COURSE to appeal + ELEVATE the record of appealed
case as if a timely MNT or MR had been made
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APPEAL
RULE 40: APPEAL FROM MUNICIPAL TRIAL COURTS TO THE RTC
• Appeal from a judgment or final order of MTC may be taken to RTC exercising jurisdiction over the
area to which former pertains
• Period to appeal (ordinary appeal with notice of appeal): within 15 days after notice to appellant
of judgment or final order appealed from
• Period to appeal (ordinary appeal with notice & record): file notice of appeal and record on
appeal within 30 days after notice of judgment or final order appealed from
• Interrupted: the period of appeal shall be interrupted by a timely motion for new trial or
reconsideration (no motion for extension of time to file motion for new trial or MR shall be allowed)
• Payment of docket and other lawful fees: appellant shall pay to clerk of court which rendered
judgment appealed from = full amount of appeallate court docket and other lawful fees
• How to appeal?
o Taken by filing notice of appeal with court that rendered judgment or final order
appealed from
§ Indicate parties
§ Specify the court to which appeal is being taken
§ Material dates showing timeliness of appeal
§ Judgment or final order appealed from
§ Copies served to adverse party
o Record on appeal required in special proceedings and in other cases of multiple or
separate appeals
§ Full names of all parties
§ Judgment or final order appealed from which appeal is taken
§ Copies of pleadings, orders, motions, petitions and all interlocutory orders
appealed from
§ Material data
§ If an issue of fact is to be raised on appeal, record on appeal must include all
evidence
§ Exceeding 20 pages = must contain subject index
• Duty of Clerk of Court: within 15 days from PERFECTION of appeal, the clerk shall TRANSMIT
original record together with transcripts and exhibits to proper RTC
• Procedure in RTC:
o Upon receipt of complete record on appeal, the clerk of RTC shall NOTIFY parties
o Within 15 days from notice, appellant must submit a MEMORANDUM which shall briefly
discuss the errors imputed by the lower court + copy furnished to other party
o Within 15 days from receipt, appellee may file his own MEMORANDUM
§ Failure to file appellant’s memorandum = ground for dismissal of appeal
o Upon filing of memorandum by appellee or expiration of period, case shall be submitted
for decision
o RTC shall DECIDE the case based on the entire record of proceedings
• Appeal from orders dismissing case without trial on merits:
o RTC may affirm or reverse
o In case of AFFIRMANCE + due to lack of jurisdiction over subject matter = RTC (if it has
jurisdiction) must try the case as if it was originally filed with it
o In case of REVERSAL, case shall be remanded for further trial
• If the case was tried on the merits by the lower court without jurisdiction over the subject
matter, the RTC on appeal shall NOT DISMISS the case if it has original jurisdiction
o It shall decide the case in accordance with RTC procedure (see above) without prejudice
to amendment of pleadings and additional evidence in the interest of justice
• Applicability of Rule 41: Other provisions of Rule 41 shall apply to appeals provided for herein
insofar as they are not inconsistent with or may serve to supplement Rule 40
RULE 41: APPEAL FROM RTC TO CA/SC
• Subject of appeal: Appeal may taken from a judgment or final order that
o Completely disposes of the case
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o Particular matter therein when declared by these Rules to be appealable
• No appeal may be taken from/INAPPEALABLE CASES: (order/judgment)
o Denying petition for relief or any similar motion seeking for relief
o Interlocutory order
o Disallowing or dismissing an appeal
o Denying a motion to set aside a judgment by consent, confession, compromise on the
ground of fraud, mistake, duress or any other ground vitiating consent
o Order of execution
o For or against one or more of several parties or in separate claims, counterclaims, cross
claims and third party complaints, while the main case is pending, unless court allow an
appeal therefrom
o Dismissing an action without prejudice
• Remedy in inappealable cases: Rule 65
• Modes of Appeal:
o Ordinary Appeal to CA in cases decided by RTC in the exercise of original jurisdiction =
NOTICE OF APPEAL with the court which rendered the judgment appealed from + serve
copy to adverse party (see contents above)
o Ordinary Appeal to CA in cases decided by RTC in the exercise of original jurisdiction =
RECORD ON APPEAL shall be filed in the same manner in special proceedings and
other cases of multiple or separate appeals (see contents above)
§ Period of ordinary appeal = 15 days and 30 days
§ On appeal in HABEAS CORPUS case = 48 hours from notice of judgment
appealed from
• Interrupted: the period of appeal shall be interrupted by a timely motion
for new trial or reconsideration (no motion for extension of time to file
motion for new trial or MR shall be allowed)
o Petition for Review to CA in cases decided by RTC in the exercise of its appellate
jurisdiction (Rule 42)
o Appeal by Certiorari to SC in cases where all questions of law are raised (Rule 45)
• Payment of docket and other lawful fees: appellant shall pay to clerk of court which rendered
judgment appealed from = full amount of appeallate court docket and other lawful fees
• Approval of Record on Appeal: upon filing of record on appeal for APPROVAL and if no
objection is filed by appellee within 5 days from receipts of copy = trial court may approve it as
presented or upon its own motion or motion of appellee + direct amendment by inclusion of omitted
matters deemed essential to the determination of the issue of law or fact involved on appeal
o If trial court orders amendment of record = appellant may redraft it within time limited in
the order or such extension as may be granted or within 10 days from receipt if no time is
fixed by court
• Perfection of appeal:
o Appeal by notice of appeal = perfected as to him upon filing of notice of appeal in due
time
o Appeal by record on appeal = perfected as to him with respect to the subject matter upon
approval of record on appeal filed in due time
• Effects of perfection of appeal:
o Appeal by notice of appeal = court loses jurisdiction over the case upon the perfection of
the appeals filed in due time and the expiration of the time to appeal of the other parties
o Appeal by record on appeal = court loses jurisdiction only over the subject matter upon
approval of record on appeal filed in due time and the expiration of the time to appeal of
the other parties
§ In either case, prior to the transmittal of original record or record on appeal =
court may issue order for the protection and preservation of the rights of the
parties which do not involve any matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants, order execution pending
appeal and allow withdrawal of appeal (Residual Jurisdiction)
• Duty of Clerk of Court: within 30 days from PERFECTION of appeal, the clerk shall verify
correctness of original record or record on appeal (with certification of correction); verify
completeness that will be transmitted to the appellate court (if incomplete, take measures to
complete); and transmit records to the appellate court
• Dismissal of appeal: prior to the transmittal of original record or record on appeal = court may
motu proprio or on motion
o Dismiss appeal for having taken out of time
o Non payment of docket and other lawful fees within the reglementary period
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RULE 42: PETITION FOR REVIEW FROM RTC TO CA
• Verified Petition for Review to CA in cases decided by RTC in the exercise of its appellate
jurisdiction
o Payment of docket and other lawful fees
o Serve notice to other party with copy of petition
• Period to file:
o Within 15 days from notice of decision sought to be reviewed or
o Within 15 days from notice of denial of petitioner’s motion for new trial or reconsideration
filed in due time after the judgment
• Upon proper motion and payment in full of docket fees before expiration of reglementary period, CA
may grant additional period of 15 days within which to file petition for review
• Contents:
o Full names of parties
o Material dates showing timeliness of filing
o Statement of the matters involved, issues raised, specification of errors of fact/law/both
allegedly committed by RTC and reasons relied upon for allowance of appeal
o Copy of the judgment of both lower court
o Certificate against forum shopping
• Failure to comply with requirements:
o Non payment of docket fees = dismissal
o No proof of service of petition = dismissal
o Non compliance with contents and documents with the petition = dismissal
• CA’s action on petition:
o CA may require respondent to file a COMMENT on a petition within 10 days from notice
§ State w/n he accepts statement of matters involved
§ Point out inaccuracies but without repetition
§ Reasons why petition should not be given due course
o CA may also DISMISS petition if it finds the same to be patently without merit, prosecuted
manifestly, or questions raised are too unsubstantial to require consideration
o CA may give DUE COURSE to the petition if it finds prima facie that the lower court has
committed an error of fact or law that will warrant a reversal or modification of the
appealed decision, upon filing of comment or after expiration of period for filing but no
comment has been filed
• Elevation of record: within 15 days, CA may order the Clerk of RTC to elevate original record of
the case
• Perfection of appeal:
o Upon timely filing of PR + full payment of docket fees = appeal is deemed perfected as to
the petitioner
o RTC loses jurisdiction over the case upon perfection of appeals filed in due time and the
expiration of the period to appeal of the other parties
o However, before the CA gives due course to the petition, RTC may issue orders for the
protection and preservation of rights of the parties which do not involve any matter
litigated by appeal, approve compromises, permit appeals of indigent litigants, order
execution pending appeal and allow withdrawal of appeal (Residual Jurisdiction)
o Appeal shall STAY the judgment or final order unless CA, law or Rules otherwise provide
(except in civil cases decided under Summary Procedure)
• Decision: if the petition is given due course, CA may set case for oral argument or require parties
to submit MEMORANDA within 15 days from notice
o Case is submitted for decision upon the last filing of last pleading or memorandum
required by Rules or court itself
RULE 43: APPEALS FROM CTA + QUASI-JUDICIAL AGENCIES TO CA
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• Appeals from judgments or final orders of CTA or awards, final orders of Quasi-Judicial agencies in
the exercise of its quasi-judicial functions
o Not apply to orders issued under Labor Code
• Appeal involves questions of fact, law or mixed questions of fact and law
• How appeal taken:
o Verified Petition for Review with Cam + proof of service on the adverse party and court
or agency a quo
o Payment of docket fees + deposit for costs
§ May be exempted by CA upon motion stating valid grounds; if denied, petitioner
shall pay docket fees within 15 days from notice of denial
• Period to appeal: within 15 days from notice of award or judgment OR from date of its last
publication if it is required by law OR from date of denial of motion for new trial or MR (only 1 MR
shall be allowed)
• Upon proper motion and payment in full of docket fees before expiration of reglementary period, CA
may grant additional period of 15 days within which to file petition for review
• Contents:
o Full names
o Statement of facts and issues involved and grounds relied upon for review
o Copy of the judgment
o Certification against forum shopping
o Material dates showing timeliness of filing
§ Effect of failure to comply with the requirements: dismissal of appeal
• Action on petition:
o CA may require respondent to file COMMENT within 10 days from notice
o CA may also DISMISS petition if it finds the same to be patently without merit, prosecuted
manifestly, or questions raised are too unsubstantial to require consideration
o CA may give DUE COURSE to the petition if it finds prima facie that the lower court has
committed an error of fact or law that will warrant a reversal or modification of the
appealed decision, upon filing of comment or after expiration of period for filing
§ Otherwise, it shall dismiss the same
§ Findings of fact by the court or agency when supported by substantial evidence
shall be BINDING on the CA
• Elevation of record: within 15 days, CA may order court or agency to elevate original record of the
case
o Appeal shall NOT STAY the judgment or final order unless CA shall otherwise direct
• Decision: if the petition is given due course, CA may set case for oral argument or require parties
to submit MEMORANDA within 15 days from notice
o Case is submitted for decision upon the last filing of last pleading or memorandum
required by Rules or court itself
RULE 44: ORDINARY APPEALED CASES
• Title of the case: appellant v appellee

• Order of transmittal of record: if original record or record on appeal is not transmitted to the CA
within 30 days after perfection of appeal, either party may FILE MOTION with the trial court with
notice to the other, for such transmittal
• Docketing of case: Upon receipt of records + documents and exhibits + proof of payment of
docket and other lawful fees = CA Clerk of Court shall notify the parties
o If incomplete record, the CA shall inform said court and recommend to it measures to
complete record
o Any unauthorized alteration or omission in the approved record on appeal shall be a
ground for DISMISSAL
• Extension of time for filing briefs: not allowed EXCEPT for good and sufficient cause and only if
the motion for extension is filed before the expiration of the period sought to be extended
• Appellant’s brief: duty of the appellant to file within 45 days from receipt of notice of the clerk that
all evidence are attached to record with proof of service
o Contents:
§ Subject index of the matter in the brief with a digest of the arguments
§ Assignment of errors
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§ “Statement of the Case”
§ “Statement of Facts”
§ Issues of fact or law
§ “Argument”
§ “Relief”
• Appellee’s brief: within 45 days from receipt of appellant’s brief, appellee shall file with the court
said brief
o Contents:
§ Subject index of the matter in the brief with a digest of the arguments
§ “Statement of the Case”
§ “Argument”
• Appellant’s reply brief: within 20 days form receipt of appellee’s brief, appellant may file a reply
brief answering points in the appellee’s brief not covered in the main brief
• Memoranda: in certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, parties
shall file in lieu of briefs their respective memoranda witihin a non-extendible period of 30 days from
receipt of notice issued by the clerk
o Failure to submit memoranda = dismissal
• Questions to be raised on appeal: (w/n appellant filed motion for new trial)
o Any question of law or fact that has been raised in the court below
o Question which is within the issues framed by the parties
RULE 45: APPEAL BY CERTIORARI TO SC
• Appeal from a judgment or final order of the CA, Sandiganbayan, CTA en banc, RTC or other
courts whenever authorized by law
• Verified Petition for Review on Certiorari – petition may include application for writ of PI or other
provisional remedies
o Contents:
§ Full names
§ Material dates
§ Statement of matters involved, reasons and arguments
§ Copy of the original order assailed
§ Certification against forum shopping
• Denial or dismissal or given due course
o To determine whether petition should be denied, dismissed or given due course = SC may
require or allow FILING OF PLEADINGS, BRIEFS, MEMORANDA as it may deem
necessary within such periods
o Non-compliance with contents = DISMISS
o Appeal is without merit or prosecuted manifestly for delay or questions raised are too
unsubstantial to require consideration = DENY
o If the petition is given DUE COURSE = SC may require elevation of complete record
within 15 days
• Period to file: within 15 days from notice of judgment or final order appealed from OR from denial
of the motion for new trial or MR filed in due time after notice of judgment
• Extension of 30 days: on motion duly filed + payment of fees before expiration of reglementary
period + for justifiable reasons
• Review is discretionary: NOT A MATTER OF RIGHT
o It is of sound judicial discretion
o Granted only when there are special and important reasons
o The following while neither controlling nor fully measuring court’s discretion, indicate
character of reasons:
§ Court a quo has decided a question of substance not determined by SC or has
decided it in a way probably not in accord with law or with applicable decisions of
SC
§ Court a quo has so far departed from the accepted and usual course of judicial
proceedings or so far sanctioned such departure by a lower court as to call for an
exercise of the power of supervision
• Mode of appeal applicable in both civil or criminal cases EXCEPT in criminal case where
penalty imposed is death, RP, life imprisonment
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RULE 46: ORIGINAL CASES
• Cases originally filed in the CA = petitioner vs respondent

• Rule 46 applies to original actions for certiorari, prohibition, mandamus, quo warranto except as
otherwise provided by the Rules
• Contents:
o Full names, addresses
o Factual background of the case
o Statement of facts
o Grounds relied upon
o Reliefs prayed for
o Proof of service
o Copy of the judgment
§ If under Rule 65, petition shall indicate material dates
• Jurisdiction over person of the respondent:
o Service on him of court’s order or resolution
o Voluntary submission
• Action by Court
o May DISMISS outright with specific reasons for dismissal
o Require respondent to file COMMENT within 10 days from notice
§ Failure to file comment = case may be DECIDED ON THE BASIS OF THE
RECORD without prejudice to disciplinary action
• Determination of factual issues – court may conduct hearings or delegate reception of evidence
to any of its members
RULE 47: ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS
• Annulment of judgment of the RTC by CA

o In civil actions of RTC for which the ordinary remedies of new trial, appeal, petition for
relief or other appropriate remedies are NO LONGER AVAILABLE THROUGH NO FAULT
OF PETITIONER
• Grounds for annulment:
o Extrinsic fraud – shall not be a valid ground if it was availed of, or could have been
availed of, in a motion for new trial or petition for relief
o Lack of jurisdiction
• Period to file:
o Extrinsic fraud – within 4 years from its discovery
o Lack of jurisdiction – before it is barred by laches
• Contents:
o Facts and the law relied upon for annulment
o Support for petitioner’s good and substantial cause of action or defense
o Certified true copy of the decision or final order
o Affidavits of witnesses or documents supporting cause of action or defense
• Action by the court:
o No substantial merit = DISMISS + REASONS for dismissal
o Prima facie merit in the petition = GIVEN DUE COURSE + SUMMONS served on the
respondent
• Procedure – same with procedure in ordinary civil cases
• Effect of judgment of annulment:
o Set aside the questioned judgment and render the same NULL AND VOID, without
prejudice to the original action being refiled in the proper court
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§ Prescriptive period for refiling shall be deemed SUSPENDED form the filing of
such original action until finality of judgment of annulment
o If on the ground of extrinsic fraud, court may order the trial court to TRY the case as if a
timely motion for new trial has been granted
§ Prescriptive period NOT SUSPENDED where extrinsic fraud is attributable to the
plaintiff in the original action
• Relief available
o Includes award of damages, attorney’s fees and other relief
o If questioned judgment had already been executed, the court may issue ORDERS OF
RESTITUTION or other relief as justice and equity may warrant
• Action to annul judgment of MTC shall be filed with the RTC having jurisdiction over the former
o It shall be treated as an ordinary civil action
RULE 50: DISMISSAL OF APPEAL
• Grounds for dismissal of appeal: Appeal may be dismissed by CA motu proprio or upon motion
of appellee
o Failure of the record on appeal to show on its face that the appeal was taken within the
period fixed by these Rules
o Failure to file notice of appeal or the record on appeal within the period prescribed by law
o Failure of the appellant to pay docket and other lawful fees
o Unauthorized alterations, omissions or additions in the approved record on appeal
o Failure of the appellant to serve and file required number of copies of his brief or
memorandum within the time provided by these Rules
o Absence of specific assignment of errors in the appellant’s brief or of page references to
the record
o Failure of appellant to take necessary steps for correction and completion of record within
the time prescribed
o Failure of the appellant to appear at the preliminary conference or to comply with orders of
the court without justifiable cause
o Order of judgment appealed from is not appealable
• Dismissal of improper and erroneous appeal
o Improper appeal
§ Appeal under Rule 41 taken from RTC to CA raising only questions of law =
DISMISSED
• Issues purely of law are not reviewable by said court
§ Appeal by notice of appeal instead of by petition for review from the appellate
judgment of RTC = DISMISSED
o Erroneous appeal
§ Appeal erroneously taken to CA shall not be transferred to the appropriate court
= DISMISSED OUTRIGHT
• Withdrawal of appeal
o May be withdrawn ANY TIME before the filing of appellee’s brief
o Thereafter, withdrawal may be allowed in the discretion of the court
RULE 51: JUDGMENT
• Ordinary Appeals
o Where no hearing on the merits of the main case is held
§ Upon the filing of last pleading, brief, memorandum required by Rules/Court
§ Upon expiration of period for its filing
o Where hearing is held
§ Upon its termination
• Original actions and Petitions for Review
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o Where no comment is filed
§ Upon expiration of period to comment
o Where no hearing on the merits of the main case is held
o Where hearing is held
§ Upon its termination
• By whom renedered?
o Members of the court who participated in the deliberation on the merits of the case
o Before its assignment to a member for WRITING of the decision
§ Quorum
• Decision: clearly and distinctly state the findings of fact and conclusion of law on which it is based
• Harmless error
o Must not affect substantial rights of the parties in order to be disregarded by the court
o Error in the admission or exclusion of evidence
o Error or defect in ruling or order or anything done or omitted by trial court or any of the
parties
§ NOT A GROUND FOR GRANTING NEW TRIAL OR FOR SETTING ASIDE,
MODIFYING OR OTHERWISE DISTURBING A JUDGMENT OR ORDER
• UNLESS refusal to take such action appears to the court inconsistent
with substantial justice
• Questions that may be decided
o No error which does NOT affect jurisdiction over the subject matter OR validity of
judgment appealed from will be considered UNLESS:
§ Stated in the assignment of errors
§ Closely related to or dependent on an assigned error and properly argued in the
brief
• Entry of judgment: No appeal or motion for new trial or MR is filed within the time provided, the
judgment or resolution shall be entered by the Clerk in the book of entries
o Executory = date of its entry
• Execution of judgment – EXCEPT where judgment or final order is ordered to be immediately
executor, the motion for its execution may be filed only in the proper court AFTER ITS ENTRY
o Original actions in CA = writ of execution accompanied by certified true copy of entry of
judgment and addressed to appropriate officer for enforcement
o Appealed cases = where motion for execution pending appeal is filed with CA at the time it
is in possession of original record or record on appeal, the resolution granting such motion
shall be transmitted to lower court from which case originated
RULE 52: MOTION FOR RECONSIDERATION
• Period for filing: within 15 days from notice with proof of service on adverse party
• Second MR: NO second motion for reconsideration of a judgment by the SAME party shall be
entertained
o In the CA, a MR shall be resolved within 90 days from the date when the court declares it
submitted for resolution
• Stay of execution
o Pendency of MR filed on time and by proper party shall STAY the execution or judgment
sought to be reconsidered
§ UNLESS court for good reasons shall otherwise direct
RULE 53: MOTION FOR NEW TRIAL
• Period for filing: AFTER the appeal from the lower court has been perfected and before CA loses
jurisdiction over the case
• Ground: Newly discovered evidence only
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o Evidence which could not have been discovered prior to the trial in the court below by the
exercise of due diligence and which is of a character that would probably change the
result
o Motion must be accompanied by affidavits showing facts constituting the grounds therefor
and the newly discovered evidence
• Hearing and order
o CA will consider new evidence together with that adduced by trial below
§ CA may GRANT or REFUSE a new trial
§ CA may also make order with notice to both parties as to taking further testimony
§ CA may RENDER such other judgment as ought to be rendered upon such terms
it may deem just
o Resolved within 90 days from date when the court declares its submitted for resolution
• Procedure in new trial
o Same as that granted by RTC, unless Court otherwise directs
RULE 56: PROCEDURE IN THE SC
ORIGINAL CASES
• Petitions for Certiorari, Prohibition, Mandamus, Quo Warranto, Habeas Corpus, disciplinary
proceedings against members of judiciary and attorneys, cases affecting ambassadors, other
public ministers and consuls filed originally in the SC
• Rules applicable: Rule 46, 48, 49, 51, 52 + Constitution + ROC + laws
APPEALED CASES
• Mode of appeal: Petition for Review on Certiorari except in criminal cases where penalty
imposed is death, RP, life imprisonment
• Grounds for dismissal of appeal:
o Failure to take appeal within the reglementary period
o Lack of merit in the petition
o Failure to pay docket and other lawful fees or deposit costs
o Failure to comply with proof of service and contents of and the documents which should
accompany the petition
o Failure to comply with any circular, directive or order of SC without justifiable cause
o Error in the choice or mode of appeal
o Case is not appealable to SC
• Disposition of improper appeal
o An appeal taken to SC by notice of appeal shall be DISMISSED except appeals in criminal
cases where penalty imposed is death, RP, life imprisonment
o An appeal by certiorari taken to SC from RTC submitting issues of fact may be referred to
CA for decision or appropriate action
o Determination of SC on whether or not issues of fact are involved shall be FINAL
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RULE 39: EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
• Execution upon judgments or final orders

o Execution shall issue as a MATTER OF RIGHT, on motion
§ Upon judgment or order that disposes of the action
§ Upon expiration of period to appeal therefrom if no appeal has been duly
perfected
• If appeal has been duly perfected and finally resolved, the execution
may be applied for in the COURT OF ORIGIN on motion of judgment
oblige
• APPELLATE COURT, when the interest of justice so requires, may
direct the court of origin to issue the writ of execution, on motion
• Judgments NOT STAYED by appeal
o Judgments in action for injunction, receivership, accounting and support and such other
judgments = IMMEDIATELY EXECUTORY
o Enforceable after their rendition
o Not be stayed by appeal taken therefrom UNLESS otherwise provided by trial court
o On appeal, the appellate court in its discretion may make an order suspending, modifying,
restoring or granting the injunction, etc
o Stay of execution shall be upon such terms as to bond or otherwise as may be considered
to protect rights of adverse party
• Reversal of executed judgment
o Executed judgment is reversed totally, partially, or annulled on appeal = trial court may on
motion issue ORDERS OF RESTITUTION or reparation of damages as justice may
warrant
• Execution by motion or by independent action
o Final and executory judgment may be executed on motion WITHIN 5 YEARS from date of
its entry
o After lapse of 5 years and before barred by statute of limitations = judgment may be
enforced by action
o Revived judgment may also be enforced by motion within 5 years from date of its entry
and by action before it is barred by statute of limitations
• WRIT OF EXECUTION
o In the name of RPH from court which granted motion
o State name of court, case number and title
o Dispositive part of subject order
o Writ shall state amount of interest, costs, damages due as of the date of issuance of the
Writ, aside from the principal obligation under judgment
o Require Sheriff or proper officer to enforce the writ in the following manner:
§ Execution against JUDGMENT OBLIGOR’S property = to satisfy the judgment
with interest, out of real and personal property of such
§ Against real and personal property in the hands of PERSONAL
REPRESENTATIVES, HEIRS, DEVISEES, LEGATEES, TENANTS, OR
TRUSTEES of judgment obligor = to satisfy the judgment with interest, out of
such property
§ For the SALE OF REAL OR PERSONAL PROPERTY = to sell such property,
describing it and apply proceeds in conformity with the judgment
§ For DELIVERY OF POSSESSION of real or personal property = to deliver
possession of the same, describing it and satisfy any costs, damages, rents
covered by the judgment out of the personal property of the person against
whom it was rendered
• If sufficient personal property cannot be found = out of real property
• Execution of judgment for MONEY
o Immediate payment on demand
§ Officer shall enforce an execution of judgment for money demanding from
judgment-obligor immediate payment of full amount stated in the writ of execution
and other lawful fees
§ Judgment obligor shall pay in cash, certified bank check payable to judgment
obligee or any form of payment acceptable to the latter
§ Amount of judgment = proper receipt to judgment obligee or authorized
representative, if present
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§ Other lawful fees = proper receipt to executing Sheriff who shall turn over said
amount to clerk of court within the same day
§ If judgment obligee or authorized representative is not present to receive
payment = judgment obligor shall deliver it to clerk of court that issued the writ, or
if not practicable, deposit the same to bank account of nearest government
depository bank of RTC of the locality
§ Clerk shall deliver the same to judgment obligee in satisfaction of the judgment
§ Excess = delivered to judgment obligor after lawful fees have been satisfied
§ Check CANNOT be made payable to Executing Sheriff
o Levy on execution
§ If judgment obligor cannot pay all or part of obligation in cash or check or any
other mode of payment, the officer shall LEVY upon the properties of judgment
obligor of every kind and nature which may be disposed of value and NOT
OTHERWISE exempt from execution, to satisfy judgment
• If judgment obligor does not exercise the option, the officer shall first
levy on PERSONAL PROPERTIES
• Then REAL PROPERTIES if personal properties are insufficient to
answer for the judgment
§ Sheriff shall only sell a SUFFICIENT PORTION of the personal or real property
which has been levied upon
§ When there is more property of judgment obligor than is sufficient to satisfy the
judgment and lawful fees = sell only so much of the personal or real property as
is sufficient to satisfy judgment
§ Real property, stocks, shares, debts, credits and other personal property or any
interest in either real or personal property, may be levied upon in the same
manner as under a writ of attachment
o Garnishment of debts and credits
§ Officer may levy on debts due the judgment obligor and other credits, including
bank deposits, financial interests, etc and other personal property NOT
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CAPABLE OF MANUAL DELIVERY in the possession of 3 parties
§ Levy shall be made by:
• Serve notice upon person owing such debt or having in his possession
or control such credits to which judgment obligor is entitled
• Garnishment shall only cover such amount as will satisfy judgment and
all lawful fees
• Garnishee shall make a written report to the court within 5 days from
service of notice whether or not judgment obligor has sufficient funds to
satisfy the judgment
• If not, report shall state how much funds the garnishee holds for the
judgment obligor
• Garnished amount in cash or check issued in the name of obligee shall
be delivered to him within 10 working days from service of notice on
said garnishee requiring delivery
• Lawful fees must be paid directly to court
§ 2 or more garnishees holding deposits or credits sufficient to satisfy judgment,
obligor shall have the right to indicate garnishee/s who shall be required to
deliver amount due
§ Same procedure for delivery of payment
• Execution of judgments for specific act
o Conveyance, delivery of deeds or other specific acts; vesting title
§ Judgment directs a party to execute conveyance or deliver deeds or other
documents or to perform an act + party FAILS to comply within the period
specified = court may direct the act to be done at the cost of the disobedient
party by some other person appointed by the court and the act when so done
shall have the effect like as if done by the party
§ If real or personal property is situated within the Philippines = court in lieu of
directing a conveyance may by an order DIVEST the title of any party and vest it
in others, which shall have the force and effect of conveyance executed in due
form of law
o Sale of real or personal property
§ To sell such property, describing it and apply proceeds in conformity with the
judgment
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o Delivery or restitution of real property
§ The officer shall demand of the person against whom the judgment for delivery or
restitution of real property is rendered and all persons claiming rights under him
to peaceably VACATE the property within 3 working days and restore possession
to judgment oblige
§ Otherwise, the officer shall oust all such persons with the assistance of peace
officers and employing such means as may be reasonably necessary to retake
possession and place the judgment obligee in possession of such property
§ Any costs, damages or profits awarded by judgment shall be satisfied in the
same manner as judgment for money
o Removal of improvements on property subject of execution
§ Property subject of execution contains improvements constructed or planted by
the judgment obligor or his agent, the officer shall NOT destroy, demolish or
remove said improvements EXCEPT upon special order of court after due
hearing and after former has failed to remove the property within a reasonable
time
o Delivery of personal property
§ Officer shall take possession of the same and deliver to the party entitled and
satisfy any judgment for money as provided
• Execution of special judgments
o Judgment requires performance of any act OTHER THAN those mentioned in preceding
sections = certified copy of the judgment shall be attached to the writ of execution
o Writ of execution shall be served by the officer upon the party against whom the same is
rendered, or upon any other person required
o If person disobeys such judgment, he shall be punished for contempt
• Effect of LEVY ON EXECUTION as to THIRD PERSONS
o Create a lien in favor of the judgment obligee over the right, title and interest of the
judgment obligor in such property at the time of levy, subject to liens and encumbrances
• Property EXEMPT from execution (except as otherwise provided by law)
o Judgment obligor’s family home or homestead in he resides and the land used in
connection therewith
o Ordinary tools and implements personally used by him in his trade, employment, or
livelihood
o 3 horses or 3 cows or 3 carabaos or other beasts of burden, such as judgment obligor
may select necessarily used by him in his ordinary occupation
o His necessary clothing and articles for ordinary personal use, excluding jewelry
o Household furniture and utensils necessary for housekeeping and used for that purpose
by judgment obligor and his family, such as the obligor may select, not exceeding
P100,000
o Provisions for individual or family use for 4 months
o Professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists,
engineers, surveyors, clergymen, teachers and other professionals, not exceeding
P300,000
o 1 Fishing boat and accessories not exceeding P500,000 owned by a fisherman and by
lawful use of which he earns his livelihood
o So much of the salaries or wages of obligor for his personal service for 4 months
preceding the levy as are necessary to support his family
o Lettered gravestones
o Monies, benefits or privileges accruing or in any manner growing out of any life insurance
o Right to receive to legal support, or money or property obtained as such support, or any
pension from Government
o Properties specially exempted by law
§ NO ARTICLE MENTIONED shall be exempt from execution issued upon
judgment recovered for its price or upon a judgment of closure of mortgage
• Return of Writ of Execution
o Returnable to court which issued it immediately after judgment has been satisfied in full or
in part
o If judgment cannot be satisfied in full within 30 days after receipt of writ = officer shall
report to court and state reason
o Writ shall continue to be in effect during the period which the judgment may be enforced
by motion
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o Officer shall make a report every 30 days until judgment is fully satisfied or its effectivity
expires
• Notice of SALE of property on execution (before the sale, notice must be given)
o Perishable property
§ Post written notice of time and place of sale in 3 public and conspicuous places
where sale is to take place for a period, considering condition of property
o Other Personal property
§ Post written notice of time and place in 3 public and conspicuous places where
sale is to take place for not less than 5 days
o Real property
§ Post written notice of time and place of sale in 3 public and conspicuous places
where sale is to take place for 20 days
§ Particularly describing the property
§ If property exceeds P50,000 = publish copy of notice once a week for 2
consecutive weeks in one newspaper
o ALL CASES = written notice of the sale must be given to obligor at least 3 days before
sale EXCEPT where notice shall be given at any time before the sale
§ Notice shall state the place, date and exact time of the sale (9-2pm)
§ In case of real property or personal property not capable of manual delivery =
held in the officer of clerk of court of RTC or MTC which issued the writ
§ If capable of manual delivery = sale shall be held in the place where property is
located
§ Place of sale may be agreed upon by the parties
• Property CLAIMED BY THIRD PERSON
o Person other than judgment obligor or his agent + third person makes an affidavit of his
title + serves the affidavit upon the Sheriff and the judgment obligee = officer NOT
BOUND to keep the property UNLESS judgment obligee files a BOND approved by the
court
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§ Bond = to indemnify 3 party claimant in sum not less than value of the property
levied on (equal or more than)
§ In case of disagreement as to the value = determined by issuing court
§ No claim for damages may be enforced against the bond UNLESS action is filed
within 120 days from date of filing the bond
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o Officer NOT LIABLE for damages for taking the property to any 3 party claimant if bond
is filed
§ Officer selling without notice liable to damages
• Judgment obligor to prevent sale
o Any time before the sale of property = obligor may pay amount required by the execution
and the costs incurred to prevent the sale
• How property sold on execution?
o All sales must be made at a PUBLIC AUCTION to highest bidder to start at the exact time
fixed by the notice
o After sufficient property has been sold to satisfy execution, no more shall be sold and any
excess shall be delivered to judgment obligor
o Sale of REAL PROPERTY consisting of SEVERAL known lots = sold separately; or when
a portion is claimed by a third person, he may require it to be sold separately
o PERSONAL PROPERTY capable of manual delivery = sold within view of those attending
the same and in such parcels as are likely to bring the highest price
o Judgment obligor may DIRECT the order in which property, real or personal, shall be sold
o Neither the officer nor his deputies can become purchasers not be interested in any
purchase at the sale
• REFUSAL of Purchaser to pay
o Officer may again SELL the property to the highest bidder and shall not be responsible for
any loss occasioned thereby
o BUT court may order the refusing purchaser to pay into the court the amount of loss with
costs + punish him for contempt
§ Payment = for the satisfaction of judgment or if already satisfied, for the benefit of
the judgment obligor
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• Judgment Obligee as PURCHASER + no 3 party claim
o Obligee need not pay amount of the bid if it does not exceed amount of his judgment
o If it does, he shall pay the excess
• CONVEYANCE of property after sale
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o Personal property capable of manual delivery
§ Officer must deliver it to purchaser
§ If desired, execute and deliver Certificate of Sale
§ Sale conveys to purchaser ALL RIGHTS which judgment obligor had as of the
date of the levy on execution or preliminary attachment
o Personal property NOT capable of manual delivery
§ Officer must execute and deliver to purchaser Certificate of Sale
§ Certificate conveys to purchaser ALL RIGHTS which judgment obligor had as of
the date of the levy on execution or preliminary attachment
o Real property
§ Officer must give to the purchaser a Certificate of Sale
§ With statement that Right of Redemption expires 1 year from date of registration
of Certificate of Sale
§ The Certificate must be REGISTERED with the RoD
• Who may REDEEM Real Property sold?
o Judgment obligor, or his successor in interest in the whole or any part of the property
(Judgment Obligor)
o A creditor having a lien by virtue of attachment, judgment or mortgage on the property
sold, or on some part, SUBSEQUENT to the lien under which the property was sold
(Redemptioner)
• Successive Redemptions
o Judgment obligor or Redemptioner may redeem the property from purchaser at ANY TIME
WITHIN 1 YEAR from date of registration of Certificate of Sale
§ Pay purchaser amount of purchase
§ Plus 1% per month interest up to the time of redemption
§ Plus amount of assessments, taxes which purchaser may have paid after the
purchase
• Plus if purchase is also a CREDITOR having PRIOR LIEN to that of
redemptioner = amount of such other lien with interest
o Property so redeemed may again be redeemed WITHIN 60 DAYS after last redemption
§ Payment of sum paid on the last redemption
§ Plus 2%
§ Plus amount of assessments, taxes which purchaser may have paid after
redemption by him + interest
§ Plus amount of any liens held by last redemptioner prior to his own + interest
o Property may be again and as often as a redemptioner is so disposed, redeem from any
previous redemptioner within 60 days after last redemption
o Written notice of any redemption must be given to the officer (including taxes or
assessments paid, if any)
§ Duplicate must be filed with RoD
• Effect of Redemption by judgment obligor
o He must make the same payments as are required to effect a redemption by a
redemptioner
§ No further redemption shall be allowed and he is restored to his estate
• Expiration of Period of Redemption
o Purchaser is entitled to conveyance and possession of the property
o If so redeemed whenever 60 days have elapsed and no other redemption has been made
and time has expired = last redemptioner is entitled to conveyance and possession
o In ALL CASES, judgment obligor shall have the entire 1 YEAR from date of registration of
certificate of sale to redeem the property
• Revival of Judgment
o Purchaser may, on motion in the same or separate action, recover from judgment obligee
the price paid with interest OR
o He may, on motion, have the original judgment REVIVED in his name for the whole price
with interest
§ Judgment so revive shall have the same force and effect of an original judgment
would have as of the date of revival and no more
o Causes:
§ Purchaser fails to recover possession or is evicted due to irregularities in the
proceedings concerning the sale
§ Judgment has been reversed or set aside
§ Property sold was exempt from execution
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§ 3 person has vindicated his claim to the property
• Appointment of Receiver
o Court may appoint a receiver of the property of the judgment obligor
o It may also forbid a transfer or other disposition of or any interference with, the property of
the judgment obligor not exempt from execution
• Entry of satisfaction of judgment by the clerk of court
o Upon return of writ of execution showing full satisfaction of judgment
Section 47. Effect of judgments or final orders. — The effect of a judgment or final order rendered by a
court of the Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows:
(a) In case of a judgment or final order against a specific thing, or in respect to the probate of a will, or the
administration of the estate of a deceased person, or in respect to the personal, political, or legal condition
or status of a particular person or his relationship to another, the judgment or final order is conclusive upon
the title to the thing, the will or administration or the condition, status or relationship of the person, however,
the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of
the testator or intestate;
(b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any
other matter that could have been missed in relation thereto, conclusive between the parties and their
successors in interest, by title subsequent to the commencement of the action or special proceeding,
litigating for the same thing and under the same title and in the same capacity; and
(c) In any other litigation between the same parties or their successors in interest, that only is deemed to
have been adjudged in a former judgment or final order which appears upon its face to have been so
adjudged, or which was actually and necessarily included therein or necessary thereto. (49a)
Section 48. Effect of foreign judgments or final orders. — The effect of a judgment or final order of a
tribunal of a foreign country, having jurisdiction to render the 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, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of
notice to the party, collusion, fraud, or clear mistake of law or fact. (50a)
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PROVISIONAL REMEDIES
RULE 57: PRELIMINARY ATTACHMENT
• Period to file: at the commencement of the action or at any time before entry of judgment
• Purpose: to have the property of the adverse party attached as security for the satisfaction of any
judgment that may be recovered
• Grounds: (exclusive enumeration)
o In an action for recovery of specified amount of money or damages (other than moral and
exemplary)
§ On a cause of action arising from law, contract, quasi contract, or quasi delict
against a party is
§ Who is about to depart from the Philippines with intent to defraud his creditors
o In an action for money or property
§ Embezzled or fraudulently misapplied, or converted to his own use by a public
officer, or officer of a corporation, in the course of his employment
§ Any other person in a fiduciary capacity or for a willful violation of a duty
o In an action to recover possession of property
§ Unjustly or fraudulently taken, detained or converted
§ When the property or any part thereof has been concealed or removed or
disposed of to prevent its being found or taken by applicant or authorized person
o In an action against a party
§ Who has removed or disposed of his property
§ With the intent to defraud his creditors
o In an action against a party
§ Who does not reside and is not found in the Philippines or on whom summons
may be served by publication
• Issuance of Preliminary Attachment
o May be issued EX PARTE or
o Upon motion with notice and hearing by the court in which action is pending or by CA or
SC
o Requires the Sheriff to attach so much of the property in the PH, not exempt from
execution that is sufficient to satisfy the applicant’s demand
§ UNLESS such party makes a DEPOSIT or gives a BOND
• Value: equal to that fixed in the order which may be amount sufficient to
satisfy applicant’s demand OR value of the property to be attached as
stated by applicant, exclusive of costs
• Affidavit and Bond
o Order of attachment shall only be granted when it appears by the applicant’s affidavit or of
some other person who personally knows the facts:
§ Sufficient cause of action exists (one of the grounds)
§ No other sufficient security for the claim sought to be enforced by the action
§ Amount due to applicant or value of the property (as much as the sum for which
the order is granted above all legal counterclaims)
• Applicant’s BOND
o Applicant must give a bond to the adverse party in the amount fixed by court in its order
granting issuance of writ
o Based on the condition that the adverse party will pay all the costs which may be
adjudged to the adverse party and all damages which he may sustain by reason of
attachment, if court shall finally adjudge that applicant was not entitled thereto
• Manner of ATTACHMENT
o Sheriff, without delay and with all reasonable diligence, shall attach only so much of the
property in the PH of the party against whom the writ is issued, not exempt from
execution, as may be sufficient to satisfy the applicant’s demand
§ UNLESS such party makes a DEPOSIT with the issuing court or gives a
COUNTER-BOND executed to the applicant
• Value: equal to that fixed by the order of attachment demand OR value
of the property to be attached, exclusive of costs
o NO LEVY on attachment pursuant to writ issued EX PARTE shall be enforced
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§ Unless it is preceded or contemporaneously accompanied by service of
summons
§ Together with copy of the complaint
§ Application for attachment
§ Applicant’s affidavit
§ Applicant’s bond
§ Order and Writ of attachment
o Prior or Contemporaneous Service of Summons will NOT APPLY in the following
cases:
§ Where the summons could not be served personally
§ By substituted service despite diligent efforts
§ Defendant is a resident of the PH temporarily absent therefrom
§ Defendant is a non-resident of the PH
§ Action is one in rem or quasi in rem
• Attachment of REAL and PERSONAL property
o Property sought to be attached is in custodia legis
§ Copy of writ shall be filed with proper court or quasi judicial agency
§ Notice shall be served upon custodian
o Real property or growing crops therefrom
§ File with the RoD a copy of order of attachment with description of property
attached
§ Plus Notice that it is attached with notice with occupant of property, if any
§ RoD must index the attachments
o Personal property capable of manual delivery
§ By taking safely and KEEPING IN HIS CUSTODY
§ After issuing corresponding receipt
o Stocks or shares
§ By leaving with the President or Managing Agent a copy of the writ
§ Notice stating that stock or interest of the party against whom attachment is
issued is attached
o Debts and credits, including bank deposits + other personal property not capable of
manual delivery
§ By leaving with the person owing such debts a copy of the writ
§ Notice that debts owing by him to the party against whom attachment is issued
o Interest of party in property belonging to estate of decedent
§ By serving the executor or administrator a copy of a writ
§ Notice that said interest is attached
§ Both filed in the office of clerk of court
• Effect of attachment of debts, credits and all other similar personal property
o Belonging to the party against whom attachment is issued at the time of service = liable to
applicant for amount of such credit/debt until attachment is discharged or any judgment
recovered by him is satisfied
o UNLESS such property is delivered or transferred or debts are paid to the clerk
• Attached property sold AFTER levy and BEFORE entry of judgment
o Upon hearing with notice, that the property attached is perishable or all interests of parties
to the action will be subserved by the sale
o Court may order property to be sold at public auction + proceeds to be deposited in court
to abide judgment
• DISCHARGE of attachment upon giving COUNTER-BOND
o After a writ of attachment has been enforced, the party whose property has been attached
may move for the DISCHARGE of attachment wholly or in part on the security given
o Court shall, after due notice and hearing, order discharge of attachment if movant makes
a CASH DEPOSIT or files a COUNTER-BOND executed to the attaching party
§ Amount equal to that fixed by court in the order, exclusive of costs
o If attachment is sought to be discharged regarding a particular property, counter-bond
shall be equal to value of property determined by court
o In EITHER CASE, the cash deposit or counter-bond shall SECURE payment of any
judgment that the attaching party may recover
o Should the counter-bond be insufficient and the party fails to file an additional counter-
bond, the attaching party may apply for NEW ORDER of attachment
• Discharge of attachment on other grounds
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o The adverse party may file a motion before or after levy or even after release of attached
property for an order to SET ASIDE or DISCHARGE attachment on any of the grounds:
§ That the same was improperly or irregularly issued or enforced
§ That the bond was insufficient
§ That attachment was excessive
• Property claimed by THIRD PERSON + affidavit on his title
o Sheriff shall NOT BE BOUND to keep the property under attachment UNLESS attaching
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party shall file a BOND approved by the court to indemnify the 3 party claimant
§ Sum not less than value of property levied upon
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is filed
• Claim for DAMAGES on account of improper, irregular or excessive attachment
o Filed before the trial or before appeal is perfected or before judgment becomes executor
o With due notice to the attaching property + his surety
o After due hearing
o Judgment favorable to party against whom attachment was issued
§ He must claim damages sustained during the pendency of appeal by filing an
application in the appellate court + notice to other party or his sureties BEFORE
the judgment of the appellate court becomes executor
o If bond is insufficient or fails to fully satisfy award = nothing shall prevent the party against
whom attachment was issued from recovering damages awarded to him from any property
of attaching party not exempt from execution
RULE 60: REPLEVIN
• Purpose: To recover possession of personal property

• When to file: at the commencement of the action or at any time before answer
• Affidavit and bond
o Contents of affidavit:
§ Applicant is the owner of the property claimed or is entitled to possession
§ Property is wrongfully detained by adverse party, alleging cause of detention
according to the best of his knowledge
§ Property not taken for a tax assessment or seized under writ of execution
§ Actual market value of the property
o Bond executed to adverse party
§ DOUBLE the value of the property as stated in the affidavit
• Duty of Sheriff
o Upon receipt of Order and Writ of Replevin, he must serve copy on the adverse party +
copy of application and bond + take the property and retain it in his custody
o If property is concealed in a building or enclosure, sheriff must demand delivery and if not
delivered, he must cause the building to be broken open + take the property into his
possession
§ He must keep it in a secure place and deliver to person entitled upon receiving
his fees and necessary expenses for taking and keeping the same
• Return of property
o If adverse party objects to sufficiency of applicant’s bond = he CANNOT immediately ask
for the return of property
o But if he does not so object = he may at ANY TIME before delivery of property to
applicant, require the return
§ He must file a bond executed to applicant = DOUBLE the value of the property
stated in the applicant’s affidavit + payment of sum to him as may be recovered
against the adverse party
• Disposition of property by Sheriff
o WITHIN 5 DAYS after the taking of property by the sheriff, the property shall be delivered
to APPLICANT
§ If the adverse party does not object or
§ If he so objects and the court affirms its approval of applicant’s bond or
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§ If the adverse party requires the return of the property but his bond is objected to
and found to be insufficient and he does not file an approved bond
o If property is not delivered to applicant, sheriff must return it to adverse party
• Property claimed by THIRD PERSON + affidavit on his title
o Sheriff shall NOT BE BOUND to keep the property under replevin or to deliver it to
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applicant UNLESS applicant shall file a BOND approved by the court to indemnify the 3
party claimant
§ Sum not less than value of property under replevin
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is filed
• Judgment
o After trial, court shall determine:
§ Who has the right of possession to
§ The value of the property
o Court shall render judgment in the alternative for the delivery to the party entitled to the
same or for its value in case delivery cannot be made
o Damages as either party may prove
RULE 58: PRELIMINARY INJUNCTION
• Definition: it is an order granted at any stage of an action prior to the judgment or final order,
requiring a part or court or agency or person to refrain from particular acts (Preliminary
Prohibitory Injunction)
• It may also require the performance of an act (Preliminary Mandatory Injunction)
• Who may grant?
o Court where action is pending
o If pending in CA or SC, it may be issued by any member
• Grounds:
o Applicant is entitled to relief demanded and whole or part of such relief consists in
restraining commission or continuance of act complained of OR in requiring performance
of an act, either for a limited period or perpetuality
o That the commission, continuance or non performance of an act complained of during
litigation would probably work injustice to the applicant
o That a party, court, agency or person is doing, threatening or is attempting to do, or is
procuring or suffering to be done, some act probably in violation of rights of the applicant
respecting the subject of the action, and tending to render judgment ineffectual
• Verified application and bond for issuance of PI or TRO
o Application is verified and shows facts entitling applicant to relief demanded
o Unless exempted by the court, applicant must file a bond executed to the party enjoined
§ In an amount fixed by court (applicant will pay all damages which he may sustain
by reason of PI or TRO, if court should finally decide that applicant was not
entitled thereto)
o Upon approval of bond = issuance of Writ of PI
§ When application for Writ is included in a complaint or initiatory pleading = notice
shall be preceded or contemporaneously accompanied by service of summons
• Together with copy of the complaint
• Applicant’s affidavit
• Applicant’s bond
o Prior or Contemporaneous Service of Summons will NOT APPLY in the following
cases:
§ Where the summons could not be served personally
§ By substituted service despite diligent efforts
§ Defendant is a resident of the PH temporarily absent therefrom
o Application for TRO shall be acted upon after all parties are heard in a SUMMARY
HEARING which shall be conducted WITHIN 24 HOURS after sheriff’s return of service
• Preliminary Injunction not granted without hearing
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o TRO Effectivity: 20d/60d/Until further orders
o GR: PI not granted without hearing and prior notice to party sought to be enjoined
o Except: If it shall appear from the affidavits or by verified application that great or
irreparable injury would result to the applicant before matter could be heard on notice =
court may issue EX PARTE a TRO to be effective for only for 20 DAYS from service on
party sought to be enjoined
§ Within the 20 day period, court must order said party to show cause why
injunction should not be granted
§ Court shall also determine within the 20 day period whether or not the PI shall be
granted via a summary hearing
o If the matter is of extreme urgency and the applicant will suffer grave injustice and
irreparable injury, a TRO may be issued EX PARTE effective for only 72 HOURS + prior
or simultaneous service of summons
§ Executive judge in a multiple sala court
§ Presiding judge in a single sala court
• Judge concerned shall conduct a summary hearing to determine
whether the TRO shall be extended until application for PI can be heard
o TRO shall NOT EXCEED 20 days, including the 72 hours provided
o If application for PI is denied or not resolved within the 20 day period = TRO is
automatically vacated
o If issued by CA or any member = TRO shall be effective for 60 DAYS form service on the
party sought to be enjoined
o If issued by SC or any member = TRO shall be effective UNTIL FURTHER ORDERS
o The trial court, CA, Sandiganbayan, or CTA that issued PI against a lower court or quasi
judicial agency = decide main case or petition WITHIN 6 MONTHS from issuance of writ
• Grounds for objection of application for PI or TRO:
o Application is insufficient = denied
o Other grounds upon affidavits of party enjoined, which may be opposed by applicant =
denied or if granted, dissolved
o It appears after hearing that although the applicant is entitled to PI or TRO, the issuance
or continuance would cause irreparable damage to the party or person enjoined while the
applicant can be fully compensated for such damages as he may suffer, and the former
files a bond in an amount fixed by the court conditioned that he will pay all damages which
the applicant may suffer by the denial or the dissolution of the injunction or restraining
order = denied or if granted, dissolved
o If it appears that the extent of the preliminary injunction or restraining order granted is too
great = modified
• Service of copies of bonds + effect of disapproval of the same
o Party filing a bond shall serve a copy of such bond on the other party
o If applicant’s bond is insufficient or if sureties fail to justify and a bond is sufficient in
amount with sufficient securities approved after justification is not filed = injunction shall be
DISSOLVED
o If bond of adverse party is insufficient or if sureties fail to justify and a bond is sufficient in
amount with sufficient securities approved after justification is not filed = injunction shall be
GRANTED or RESTORED
• Final Injunction
o It appears after trial that applicant is entitled to have the act complained of, permanently
enjoined = court shall grant final injunction perpetually restraining the party enjoined from
the commission of the act or confirming PMI
RULE 59: RECEIVERSHIP
• Upon Verified application, court may appoint one or more receivers of the property subject of the
action may be appointed by the court where action is pending or by CA or SC
• Grounds:
o When it appears form the verified application and such other proof = party applying for
appointment of a receiver has an interest in the property or fund which is subject of the
action + property is in danger of being lost, removed or materially injured UNLESS a
receiver be appointed to administer and preserve it
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o When it appears in an action by the mortgagee for the foreclosure of mortgage = property
is in danger of being wasted or dissipated or materially injured + value is probably
insufficient to discharge the mortgage debt or that parties have so stipulated in the
contract
o After judgment, appointment of a receiver is done:
§ To preserve the property during pendency of an appeal, or
§ To dispose of it according to the judgment
§ To aid execution when the execution has been returned unsatisfied or the
judgment obligor refuses to apply his property in satisfaction of the judgment, or
otherwise to carry the judgment into effect;
§ Whenever it is the most convenient and feasible means of preserving,
administering, or disposing of the property in litigation.
o During the pendency of an appeal
§ The appellate court may allow an application for the appointment of a receiver to
be filed in and decided by the court of origin and the receiver appointed to be
subject to the control of said court
• Bond on appointment of Receiver
o Before issuing order appointing a receiver, court shall require the applicant to file a bond
executed to the party against whom the application is presented
§ Amount fixed by court – applicant will pay party all damages he may sustain by
reason of appointment of such receiver in case applicant shall have procured
such appointment without sufficient cause
o Court may, in its discretion, at any time after appointment, require additional bond as
further security for damages
• Denial of application or discharge of Receiver
o When adverse party files a bond executed to the applicant
§ In an amount fixed by court – applicant will pay party all damages he may sustain
by reason of the acts, omissions or other matters specified in the application as
ground for appointment
o Receiver DISCHARGED if it shown that his appointment was obtained without sufficient
cause
• Service of copies of bonds + effect of disapproval
o Party filing a bond shall serve a copy of such bond on each interested party
o If applicant’s bond or receiver’s bond is insufficient or if sureties fail to justify and a bond is
sufficient in amount with sufficient securities approved after justification is not filed =
application shall be DENIED or receiver DISCHARGED
o If bond of adverse party is insufficient or if sureties fail to justify and a bond is sufficient in
amount with sufficient securities approved after justification is not filed = receiver shall be
APPOINTED or RE-APPOINTED
• General powers of Receiver
o To bring and defend, in such capacity, actions in his own name
o To take and keep possession of property in controversy
o To receive rents
o To collect debts due to himself as receiver or to the fund, corporation, estate or property of
which he is a receiver
o To compound for and compromise
o To make transfers
o To pay outstanding debts
o To divide the money and other property that shall remain among the persons legally
entitled to receive the same
o To do such acts respecting the property as the court may authorize.
§ However, funds in the hands of a receiver may be invested only by order of the
court upon the written consent of all the parties to the action.
o NO ACTION may be filed by or against a receiver without leave of the court which
appointed him
• Termination of receivership; compensation of receiver
o Court may motu proprio or on motion determine that necessity of receiver no longer exists
o Requires due notice to all parties and hearing
o Settle accounts of receiver and direct delivery of funds/property to the person adjudged to
receive them + order discharge of receiver
o With reasonable compensation
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RULE 61: SUPPORT PENDENTE LITE
• When to file:
o At the commencement of the proper action or proceeding
o At any time prior to the judgment or final order
• Requirements:
o Verified application for support pendente lite
o Filed by ANY PARTY
o State grounds for the claim and financial conditions of both parties
o Accompanied by affidavits, depositions or other authentic documents in support
• Comment and Hearing
o Copy shall be served upon adverse party, who shall have 5 days to file a verified comment
o After comment is filed or after expiration of period for its filing, the application shall be set
for hearing not more than 3 days thereafter
• Order
o Court shall determine provisionally the pertinent facts and shall render orders as justice
may require
o If application is GRANTED:
§ Court shall fix amount of money to be provisionally paid or such other forms of
support as should be provided
§ Taking into account the necessities of the applicant and the means of the
adverse party
§ Terms of payment or mode for providing for support
o If application is DENIED:
§ The principal case shall be tried and decided as early as possible
• Enforcement of order
o If adverse party fails to comply with an order granting support
§ Court shall motu proprio or upon motion issue ORDER OF EXECUTION against
him, without prejudice to liability for contempt (use Rule 39)
o If person ordered to give support refuses or fails to do so
§ Any third person who furnished that support to the applicant may, after due
notice and hearing, obtain a WRIT OF EXECUTION to enforce his right of
reimbursement against the person ordered to give support
• Support in criminal cases
o In criminal actions where civil liability includes support for the offspring as a consequence
of the crime + civil aspect has not been waived, reserved or instituted prior to its filing =
accused may be ordered to provide support pendente lite to the offspring
o The application may be filed successively by the offended party, parents, grandparents,
guardians and State during its pendency
• Restitution
o When judgment or final order of court finds that person who has been providing support is
NOT LIABLE = it shall order recipient to return to the former amounts already paid with
legal interest from dates of actual payment
§ Recipient may obtain reimbursement in a separate action from person legally
obliged to give support
o Should recipient fail to reimburse = person may seek reimbursement in a separate action
from person legally obliged to give support
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PROVISIONAL ORDERS IN MARRIAGE-RELATED CASES
1. Spousal Support
2. Child Support
3. Temporary Custody of Children
4. Temporary Visitation Rights - The court shall provide in its order awarding provisional custody
appropriate visitation rights to the non-custodial parent or parents, unless the court finds said
parent or parents unfit or disqualified.
5. Hold Departure Order – The minor child subject of the petition shall not be brought out of the
country without prior order from the court while the petition is pending.
o The court, motu proprio or upon application under oath, may issue ex parte a hold
departure order, addressed to the Bureau of Immigration and Deportation, directing it not
to allow the departure of the minor from the Philippines without the permission of the
court.
6. Administration of Common Properties
7. Protection Order – The court may issue a Protection Order requiring any person:
a. To stay away from the home, school, business, or place of employment of the minor, other
parent or any other party, or from any other specific place designated by the court;
b. To cease and desist from harassing, intimidating, or threatening such minor or the other
parent or any person to whom custody of the minor is awarded;
c. To refrain from acts of commission or omission that create an unreasonable risk to the
health, safety, or welfare of the minor;
d. To permit a parent, or a party entitled to visitation by a court order or a separation
agreement, to visit the minor at stated periods;
e. To permit a designated party to enter the residence during a specified period of time in
order to take personal belongings not contested in a proceeding pending with the Family
Court; and
f. To comply with such other orders as are necessary for the protection of the minor.
INTERIM RELIEFS
1. Writ of Amparo
a. Temporary Protection Order - the court, justice or judge, upon motion or motu proprio,
may order that the petitioner or the aggrieved party and any member of the immediate
family be protected in a government agency or by an accredited person or private
institution capable of keeping and securing their safety.
o If the petitioner is an organization, association or institution referred to in Section
3(c) of this Rule, the protection may be extended to the officers involved.
b. Witness Protection Order – the court, justice or judge, upon motion or motu proprio, may
refer the witnesses to the Department of Justice for admission to the Witness Protection,
Security and Benefit Program, pursuant to Republic Act No. 6981.
o The court, justice or judge may also refer the witnesses to other government
agencies, or to accredited persons or private institutions capable of keeping and
securing their safety.
c. Inspection Order - the court, justice or judge, upon verified motion and after due hearing,
may order any person in possession or control of a designated land or other property, to
permit entry for the purpose of inspecting, measuring, surveying, or photographing the
property or any relevant object or operation thereon.
o The order shall expire five (5) days after the date of its issuance, unless extended
for justifiable reasons.
d. Production Order - The court, justice or judge, upon verified motion and after due
hearing, may order any person in possession, custody or control of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain evidence relevant to the
petition or the return, to produce and permit their inspection, copying or photographing by
or on behalf of the movant.
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2. Writ of Habeas Data (same with WA)
a. Temporary Protection Order
b. Witness Protection Order
c. Inspection Order
d. Production Order
3. Writ of Kalikasan
a. Temporary Environmental Protection Order (TEPO) - If it appears from the verified
complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that
the matter is of extreme urgency and the applicant will suffer grave injustice and
irreparable injury, the executive judge of the multiple-sala court before raffle or the
presiding judge of a single-sala court as the case may be, may issue ex parte a TEPO
effective for only 72 hours from date of the receipt of the TEPO by the party or person
enjoined.
o Within said period, the court where the case is assigned, shall conduct a
summary hearing to determine whether the TEPO may be extended until the
termination of the case.
o The court where the case is assigned, shall periodically monitor the existence of
acts that are the subject matter of the TEPO even if issued by the executive
judge, and may lift the same at any time as circumstances may warrant.
o The applicant shall be exempted from the posting of a bond for the issuance of a
TEPO.
o EPO - refers to an order issued by the court directing or enjoining any person or
government agency to perform or desist from performing an act in order to
protect, preserve or rehabilitate the environment
b. Ocular Inspection Order - to establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more cities or provinces
o After hearing, the court may order any person in possession or control of a
designated land or other property to permit entry for the purpose of inspecting or
photographing the property or any relevant object or operation thereon.
c. Production or Inspection Order - After hearing, the court may order any person in
possession, custody or control of any designated documents, papers, books, accounts,
letters, photographs, objects or tangible things, or objects in digitized or electronic form,
which constitute or contain evidence relevant to the petition or the return, to produce and
permit their inspection, copying or photographing by or on behalf of the movant.
d. Cease and Desist Order - directing respondent to permanently cease and desist from
committing acts or neglecting the performance of a duty in violation of environmental laws
resulting in environmental destruction or damage
INTERIM MEASURES OF PROTECTION (Special Rules on Arbitration)
1. Who may ask for interim measures of protection?

a. A party to an arbitration agreement may petition the court for interim measures of
protection.
2. Where to file? RTC
3. When to petition? A petition for an interim measure of protection may be made

a. Before arbitration is commenced,
b. After arbitration is commenced, but before the constitution of the arbitral tribunal,
c. After the constitution of the arbitral tribunal and at any time during arbitral proceedings but,
at this stage, only to the extent that the arbitral tribunal has no power to act or is unable to
act effectively
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4. Grounds: The following grounds, while not limiting the reasons for the court to grant an interim
measure of protection, indicate the nature of the reasons that the court shall consider in granting
the relief:
a. The need to prevent irreparable loss or injury;
b. The need to provide security for the performance of any obligation;
c. The need to produce or preserve evidence; or
d. The need to compel any other appropriate act or omission
5. Type of interim measure of protection that a court may grant: The following, among others, are
the interim measures of protection that a court may grant:
a. Preliminary injunction directed against a party to arbitration;
b. Preliminary attachment against property or garnishment of funds in the custody of a bank
or a third person;
c. Appointment of a receiver;
d. Detention, preservation, delivery or inspection of property; or,
e. Assistance in the enforcement of an interim measure of protection granted by the arbitral
tribunal, which the latter cannot enforce effectively.
6. Dispensing with prior notice in certain cases: Prior notice to the other party may be dispensed
with when the petitioner alleges in the petition that there is an urgent need to either
a. Preserve property,
b. Prevent the respondent from disposing of, or concealing, the property, or
c. Prevent the relief prayed for from becoming illusory because of prior notice, and the court
finds that the reason/s given by the petitioner are meritorious
7. Court action. - After hearing the petition, the court shall balance the relative interests of the parties
and inconveniences that may be caused, and on that basis resolve the matter within 30 days from
a. Submission of the opposition, or
b. Upon lapse of the period to file the same, or
c. From termination of the hearing that the court may set only if there is a need for
clarification or further argument.
• If the other parties fail to file their opposition on or before the day of the hearing, the court
shall motu proprio render judgment only on the basis of the allegations in the petition that
are substantiated by supporting documents and limited to what is prayed for therein.
• No notice: In cases where, based solely on the petition, the court finds that there is an
urgent need to either (a) preserve property, (b) prevent the respondent from disposing of,
or concealing, the property, or (c) prevent the relief prayed for from becoming illusory
because of prior notice, it shall issue an immediately executory temporary order of
protection and require the petitioner, within 5 days from receipt of that order, to post a
bond to answer for any damage that respondent may suffer as a result of its order.
• Ex Parte TRO: The ex-parte temporary order of protection shall be valid only for a
period of 20 days from the service on the party required to comply with the order. Within
that period, the court shall:
o Furnish the respondent a copy of the petition and a notice requiring him to
comment thereon on or before the day the petition will be heard; and
o Notify the parties that the petition shall be heard on a day specified in the notice,
which must not be beyond the 20 day period of the effectivity of the ex-parte
order.
• Lifting: The respondent has the option of having the temporary order of protection lifted by
posting an appropriate counter-bond as determined by the court.
• Extension: If the respondent requests the court for an extension of the period to file his
opposition or comment or to reset the hearing to a later date, and such request is granted, the
court shall extend the period of validity of the ex-parte temporary order of protection for no
more than twenty days from expiration of the original period.
• Notice and hearing: After notice and hearing, the court may either grant or deny the petition
for an interim measure of protection.
o The order must indicate that it is issued without prejudice to subsequent grant,
modification, amendment, revision or revocation by an arbitral tribunal.
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RULE 1: GENERAL PROVISIONS

• Applicability of the Rules

RULE 2: CAUSE OF ACTION

RULE 3: PARTIES TO CIVIL ACTION

• Who may be parties

RULE 4: VENUE OF ACTIONS

• Venue of REAL actions

RULE 6: KINDS OF PLEADINGS

• Pleadings = written statements of respective claims and defenses of parties submitted to

• Kinds of Pleadings allowed (9)

RULE 7: PARTS OF A PLEADING

• Caption – court name, title of action (names of parties), docket number

RULE 8: MANNER OF MAKING ALLEGATIONS IN PLEADINGS

RULE 9: EFFECT OF FAILURE TO PLEAD

• Defenses and objections not pleaded

RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS

RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS

RULE 12: BILL OF PARTICULARS

• When filed: Before responding to a pleading

o Effect of non-compliance with the order

• Filing and service

RULE 14: SUMMONS

• When filed: Upon filing of complaint and payment of docket fees

o Publication (in 2 cases)

RULE 15: MOTIONS

RULE 17: DISMISSAL OF ACTION

• Dismissal upon notice BY Plaintiff

RULE 18: PRE-TRIAL

• Effect of failure to submit pre-trial brief

RULE 19: INTERVENTION

RULE 21: SUBPOENA

a. Depositions pending action

RULE 23: DEPOSITIONS PENDING ACTION

• Deposition de bene esse – taken for the purposes of a pending action

RULE 24: DEPOSITIONS BEFORE ACTION OR PENDING APPEALS

RULE 25: INTERROGATORIES TO PARTIES

RULE 26: ADMISSION BY ADVERSE PARTY

RULE 27: PRODUCTION OR INSPECTION OF DOCUMENT OR THINGS

RULE 28: PHYSICAL AND MENTAL EXAMINATION OF PERSONS

RULE 29: REFUSAL TO COMPLY WITH MODE OF DISCOVERY

RULE 30: TRIAL

RULE 31: CONSOLIDATION OR SEVERANCE

RULE 32: TRIAL BY COMMISSIONER

RULE 33: DEMURRER TO EVIDENCE

RULE 34: JUDGMENT ON THE PLEADINGS

RULE 35: SUMMARY JUDGMENT

a. Motion for New Trial

RULE 37: NEW TRIAL OR RECONSIDERATION

RULE 38: RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS

o Period to file: VERIFIED PETITION + WITHIN 60 DAYS after petitioner learns of

RULE 40: APPEAL FROM MUNICIPAL TRIAL COURTS TO THE RTC

RULE 41: APPEAL FROM RTC TO CA/SC

RULE 43: APPEALS FROM CTA + QUASI-JUDICIAL AGENCIES TO CA

RULE 44: ORDINARY APPEALED CASES

• Title of the case: appellant v appellee

RULE 45: APPEAL BY CERTIORARI TO SC

• Cases originally filed in the CA = petitioner vs respondent

RULE 47: ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS

• Annulment of judgment of the RTC by CA

RULE 50: DISMISSAL OF APPEAL

RULE 51: JUDGMENT

• Original actions and Petitions for Review

RULE 52: MOTION FOR RECONSIDERATION

RULE 53: MOTION FOR NEW TRIAL