CIVIL PROCEDURE

Reviewer

Jose Rizal University - College of

Law
 IMPORTANT MATTERS ON RULE 1-20 (b) The joinder shall not include special civil actions or actions
governed by special rules;
RULE 1 – GENERAL PROVISIONS
SECTION 3 – CASES GOVERNED (c) Where the causes of action are between the same parties but
pertain to different venues or jurisdictions, the joinder may be
(a) A civil action is one by which a party sues another for the allowed in the Regional Trial Court provided one of the causes
enforcement or protection of a right, or the prevention or of action falls within the jurisdiction of said court and the
redress of a wrong; venue lies therein; and

A civil action may either be ORDINARY OR (d) Where the claims in all the causes action are principally for
SPECIAL. recovery of money, the aggregate amount claimed shall be the test of
jurisdiction.
Both are governed by the rules for ordinary civil actions,
subject to the specific rules prescribed for a special civil **General Rule: there must only be one cause of action for every
action. (n) pleading;

(b) A criminal action is one by which the State prosecutes a ***If there is MISJOINDER OF CAUSE OF ACTION; it will not
person for an act or omission punishable by law. (n) be dismissed; but rather, ON MOTION of the PARTY or on COURTS
INITIATIVE, misjoined cause of action may be severed or proceeded
(c) A special proceeding is a remedy by which a party seeks with separately.
to establish a status, a right, or a particular fact
RULE 3 – PARTIES TO CIVIL ACTIONS
SECTION 1: WHO MAY BE PARTIES?
RULE 2 – CAUSE OF ACTION Only NATURAL or JURIDICAL PERSONS, Or ENTITIES
SECTION 2: MEANING OF CAUSE OF ACTION -It is the act or AUTHORIZED BY LAW;
omission by which a party violates a right of another;
***It must exist at the time of filing the complaint; DIFFERENT KINDS OF PARTIES
REAL PARTY IN INTEREST Party who stands to be benefited
SECTION 5: JOINDER OF CAUSE OF ACTION: or injured by the judgment in the
suit, or the party entitled to the
A party may in one pleading assert, in the alternative or otherwise, as avails of the suit; (Mga tunay na
many causes of action as he may have against an opposing party, nasaktan)
subject to the following conditions: REPRESENTATIVE PARTIES A representative may be a trustee
of an expert trust, a guardian, an
(a) The party joining the causes of action shall comply with the executor or administrator, or a
rules on joinder of parties; party authorized by law or these
Rules(ipaglalaban ka kahit ayaw
mo na)

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 INDISPENSABLE PARTIES Parties in interest without whom RULE 4 – VENUE OF ACTIONS
no final determination can be had ***REAL ACTIONS: tried in the proper court which has jurisdiction
of an action shall be joined either over the area wherein the real property involved, or a portion thereof,
as plaintiffs or defendants (mga is situated;
bida sa pelikula) ***PERSONAL ACTIONS: may be commenced and tried where
NECESSARY PARTY One who is not indispensable but the plaintiff or any of the principal plaintiffs resides, or where the
who ought to be joined as a party defendant or any of the principal defendants resides, or in the case
if complete relief is to be of a non-resident defendant where he may be found, at the election
accorded as to those already of the plaintiff;
parties, or for a complete
determination or settlement of ***This rule will not apply:
the claim subject of the action. -Specific rule or law provides; or
(mga 2nd lead sa KDRAMA, hindi - Parties have validly agreed in writing before the filing of the
bida pero kung wala sila hindi action on the exclusive venue thereof.
buo ang kwento)
UNWILLING CO-PLAINTIFF If the consent of any party who RULE 6 – KINDS OF PLEADINGS
should be joined as plaintiff can
not be obtained, he may be made PLEADINGS Written statements of the
a defendant and the reason respective claims and defenses of
therefor shall be stated in the the parties submitted to the court
complaint (yung kagrupo mo sa for appropriate judgment
thesis na walang ginawa kaya COMPLAINT Pleading alleging the plaintiff's
sinumbong mo sa prof) cause or causes of action
CLASS SUIT The subject matter of the ANSWER Pleading in which a defending
controversy is one of common or party sets forth his defenses
general interest to many persons DEFENSES NEGATIVE DEFENSE is the
so numerous that it is specific denial of the material fact
impracticable to join all as parties, or facts alleged in the pleading of
a number of them which the court the claimant essential to his cause
finds to be sufficiently numerous or causes of action
and representative as to fully AFFIRMATIVE DEFENSE is
protect the interests of all an allegation of a new matter
concerned may sue or defend for which, while hypothetically
the benefit of all (yung kaklase admitting the material allegations
mong tagatanong sa prof ng mga in the pleading of the claimant,
hinaing ng class) would nevertheless prevent or bar
recovery by him

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 COUNTERCLAIM Any claim which a defending RULE 8 – MANNER OF MAKING ALLEGATIONS IN
party may have against an PLEADINGS
opposing party
COMPULSARY One which, being cognizable by SECTION 7: ACTIONABLE DOCUMENT - Whenever an action
COUNTERCLAIM the regular courts of justice, arises or defense is based upon a written instrument or document, the
out of or is connected with the substance of such instrument or document shall be set forth in the
transaction or occurrence pleading, and the original or a copy thereof shall be attached to the
constituting the subject matter of pleading as an exhibit, which shall be deemed to be a part of the
the opposing party's claim and pleading, or said copy may with like effect be set forth in the pleading.
does not require for its
adjudication the presence of third ***It may be contested SPECIFICALLY DENIED, under oath; if
parties of whom the court cannot not then the genuineness and due execution of the instrument shall
acquire jurisdiction. be deemed ADMITTED.
REPLY A pleading, the office or function
of which is to deny, or allege facts SECTION 10: SPECIFIC DENIAL
in denial or avoidance of new General Rule: A defendant must specify each material allegation of
matters alleged by way of defense fact the truth of which he does not admit and, whenever practicable,
in the answer and thereby join or shall set forth the substance of the matters upon which he relies to
make issue as to such new support his denial;
matters. EXCEPTION: Unliquidated Damages;

RULE 7 – PARTS OF A PLEADING RULE 9 – EFFECT OF FAILURE TO PLEAD

1. CAPTION; GENERAL RULE: Defenses and objections not pleaded either in a
2. BODY; motion to dismiss or in the answer are deemed waived;
a. PARAGAPHS; EXCEPT:
b. HEADINGS; 1. LACK OF JURISDICTION OVER THE SUBJECT
c. RELIEF; MATTER;
d. DATE; 2. LITIS PENDENTIA;
3. SIGNATURE AND ADDRESS - signature of counsel 3. RES JUDICATA;
constitutes a certificate by him that he has read the pleading; 4. STATUTE OF LIMITATIONS/PRESCRIPTION
that to the best of his knowledge, information, and belief there *** A compulsory counterclaim, or a cross-claim, not set up shall be
is good ground to support it; and that it is not interposed for barred;
delay;
4. VERIFICATION - pleading is verified by an affidavit that the SECTION 3: DECLARATION OF DEFAULT - A party may be
affiant has read the pleading and that the allegations therein are declared in default when he fails to answer within the time allowed
true and correct of his knowledge and belief therefor, and upon motion of the claiming party with notice to the
defending party, and proof of such failure;

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NOTE: The court has no authority to motu proprio declare the ***It is a matter of right before a responsive pleading is SERVED;
defendant in default. A motion to declare the defending party must be or in case of REPLY, within 10 DAYS after it is SERVED.
filed by the claiming party before a declaration of default is made by
the court SECTION 5: AMENDMENT TO CONFORM TO OR
EFFECT OF ORDER OF DEFAULT AUTHORIZE PRESENTATION OF EVIDENCE - When issues
1. The party declared in default loses his standing in court and not raised by the pleadings are tried with the express or implied
prevents him from taking part in the trial consent of the parties they shall be treated in all respects as if they had
2. While the defendant can no longer take part in the trial, he is been raised in the pleadings.
nevertheless entitled to notices of subsequent proceedings (Sec.  Such amendment of the pleadings as may be necessary to cause
3(a), Rule 9). It is submitted that he may participate in the them to conform to the evidence and to raise these issues may
trial, not as a party but as a witness; and be made upon motion of any party at any time, even after
3. A declaration of default is not an admission of the truth or the judgment; but failure to amend does not effect the result of the
validity of the plaintiff’s claims. trial of these issues;
 If evidence is objected to at the trial on the ground that it is
REMEDIES FROM AN ORDER OF DEFAULT not within the issues made by the pleadings, the COURT
***AFTER NOTICE OF ORDER AND BEFORE JUDGMENT MAY ALLOW THE PLEADINGS TO BE AMENDED and
-Motion under oath to set aside the order of default on the grounds of shall do so with liberality if the presentation of the merits of the
FAME and he has meritorious defense; action and the ends of substantial justice will be subserved
IF DENIED – he may move for reconsideration; GROUNDS: thereby.
FAME; RULE 65: *** An amended pleading supersedes the pleading that it amends;
***AFTER JUDGMENT BEFORE FINAL AND EXECUTORY –
New Trial/Appeal; RULE 11 – WHEN TO FILE RESPONSIVE PLEADINGS
*** The defendant shall file his answer to the complaint within
ACTIONS WHERE DEFAULT IS NOT ALLOWED: fifteen (15) days after service of summons, unless a different period
1. Actions for ANNULMENT; is fixed by the court;
2. Declaration of NULLITY of MARRIAGE and LEGAL ***Answer to AMENDED PLEADINGS – 15 days after being
SEPARATION; served with a copy;
3. SEPCIAL CIVIL ACTIONS; ***Answer to COUNTERCLAIM/CROSS CLAIM – 10 days from
SERVICE;
RULE 10 – AMENDED AND SUPPLEMENTAL PLEADINGS ***REPLY – may be filed within 10DAYS from the service of the
pleading responded;
SECTION 1: AMENDMENTS - Pleadings may be amended by
adding or striking out an allegation or the name of any party, or by RULE 12 – BILL OF PARTICULARS
correcting a mistake in the name of a party or a mistaken or inadequate WHAT FOR? – To prepare PROPERLY for one’s responsive
allegation or description in any other respect, so that the actual merits pleading when the other party has not averred with sufficient
of the controversy may speedily be determined, without regard to definiteness or particularity any matter;
technicalities, and in the most expeditious and inexpensive manner. WHEN TO APPLY: BEFORE RESPONDING TO A PLEADING;
WHAT SHOULD IT POINT OUT:

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  DEFECTS COMPLAINED OF; delivering the copy to the clerk of
 PARAGRAPHS WHEREIN DEFECTS ARE CONTAINED; court, with proof of failure of both
 DETAILS DESIRED; personal service and service by
mail. The service is complete at
RULE 13 - FILING AND SERVICE OF PLEADINGS, the time of such delivery
JUDGMENTS AND OTHER PAPERS
WHEN SERVICE IS COMPLETED:
FILING SERVICE
The act of presenting the pleading The act of providing a party with  PERSONAL SERVICE is complete upon actual delivery;
or other paper to the clerk of court a copy of the pleading or paper  SERVICE BY ORDINARY MAIL is complete upon the
concerned. If any party has expiration of ten (10) days after mailing, unless the court
appeared by counsel, service upon otherwise provides.
him shall be made upon his  SERVICE BY REGISTERED MAIL is complete upon
counsel or one of them, unless actual receipt by the addressee, or after five (5) days from the
service upon the party himself is date he received the first notice of the postmaster, whichever
ordered by the court date is earlier

***Filing shall be made by presenting the original copies, personally PROOF OF FILING:
to the clerk of court or by sending them by registered mail;
GENERAL RULE: Filing is proven by its existence in the record of
MODES OF SERVICE the case.
PERSONAL Papers may be made by delivering EXCEPTION: If it is not in the record, and:
personally a copy to the party or 1. IF FILED PERSONALLY – proved by the written or stamped
his counsel, or by leaving it in his acknowledgement of its filing by the clerk of court on a copy of the
office with his clerk or with a same; or
person having charge thereof 2. IF FILED BY REGISTERED MAIL – proved by the registry
BY MAIL Shall be made by depositing the receipt and the affidavit of the person who did the mailing with a full
copy in the post office in a sealed statement of:
envelope, plainly addressed to the a. The date and place of depositing the mail in the post office in
party or his counsel at his office, a sealed envelope addressed to the court;
if known, otherwise at his b. With postage fully paid; and
residence, if known, with postage c. With instructions to the postmaster to return the mail to the
fully prepaid, and with sender after 10 days if undelivered.
instructions to the postmaster to
return the mail to the sender after PROOF OF SERVICE:
ten (10) days if undelivered.
SUBSTITUTED Service may be made by 1. PROOF OF PERSONAL SERVICE:

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 a. Written Admission of the party served; b. To give notice to the defendant that an action has been
b. Official return of the server; or commenced against him.
c. Affidavit of the party serving, containing the date, place and 2. ACTIONS IN REM AND QUASI IN REM – not to acquire
manner of service (Sec. 13, Rule 13). jurisdiction over the defendant but mainly to satisfy the constitutional
2. PROOF OF SERVICE BY ORDINARY MAIL: requirement of due process
a. Affidavit of mailer showing compliance of Sec. 7, Rule 13;
and
b. Registry receipt issued by the mailing officer (Sec. 13, Rule SERVICE OF SUMMONS ON PUBLIC CORPORATIONS
13). When the defendant is the Republic of the Philippines, service may be
3. REGISTERED MAIL: effected on the Solicitor General; in case of a province, city or
a. Affidavit; and municipality, or like public corporations, service may be effected on
b. Registry receipt issued by the mailing office (Sec. 13, Rule its executive head, or on such other officer or officers as the law or the
13). court may direct
NOTE: The registry return card shall be filed immediately upon its
receipt by the sender, or in lieu thereof the unclaimed letter together SUMMONS ON PRIVATE JURIDICAL ENTITY
with the certified or sworn copy of the notice given by the postmaster In such case, service may be made on the president, managing partner,
to the addressee general manager, corporate secretary, treasurer, or in-house counsel
The enumeration is exclusive. Thus, service of summons upon other
Notice of lis pendens persons is not valid.
In an action affecting title or right of possession of real property, the
plaintiff and the defendant, when affirmative relief is claimed in his SUMMONS ON FOREIGN PRIVATE JURIDICAL ENTITY
answer, may record in the office of the registry of deeds of the REGISTERED IN THE PHILIPPINES
province in which the property is situated a notice of the pendency of Provided it has transacted business in the Philippines, in which case,
the action. service may be made on its:
1. Resident agent designated in accordance with law for that purpose;
NOTE: Only from the time of filing such notice for record shall a 2. If there be no such agent, on the government official designated by
purchaser, or encumbrancer of the property affected thereby, be law to that effect; or
deemed to have constructive notice of the pendency of the action, and 3. On any of its officers or agents within the Philippines
only of its pendency against the parties designated by their real names
SUMMONS ON FOREIGN PRIVATE JURIDICAL ENTITY
RULE 14 – SUMMONS NOT REGISTERED IN THE PHILIPPINES
SUMMONS - It is the writ by which the defendant is notified of the If the foreign private juridical entity is not registered in the Philippines
action brought against him. or has no resident agent, service may, with leave of court, be effected
out of the Philippines through any of the following means:
PURPOSES OF SUMMONS: 1. By personal service coursed through the appropriate court in
the foreign country with the assistance of the Department of
1. ACTIONS IN PERSONAM Foreign Affairs;
a. To acquire jurisdiction over the person of the defendant; and

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 2. By publication once in a newspaper of general circulation in PROOF OF SERVICE: The proof of service of a summons shall be
the country where the defendant may be found and by serving a made in writing by the server and shall set forth the manner, place,
copy of the summons and the court order by-registered mail at and date of service; shall specify any papers which have been served
the last known address of the defendant; with the process and the name of the person who received the
3. By facsimile or any recognized electronic means that could same; and shall be sworn to when made by a person other than a
generate proof of service; or sheriff or his deputy.
4. By such other means as the court may in its discretion direct
*** The defendant's voluntary appearance in the action shall be
equivalent to service of summons;
SUMMONS ON ENTITIES WITHOUT JURIDICAL
PERSONALITY
When persons associated in an entity without juridical personality are RULE 15 – MOTIONS
sued under the name by which they are generally or commonly known, ***It is an application for relief other than by a pleading;
service may be effected upon all the defendants by serving upon any *** shall be in writing except those made in open court or in the
one of them, or upon the person in charge of the office or place of course of a hearing or trial
business maintained in such name. But such service shall not bind
individually any person whose connection with the entity has, upon KINDS OF MOTIONS
due notice, been severed before the action was brought. 1. MOTION EX PARTE – One which does not require that the
parties be heard and which the court may act upon without prejudicing
CONSTRUCTIVE SERVICE the rights of the other party;
GENERAL RULE: As a general rule, summons by publication is 2. LITIGATED MOTION – One which requires parties to be heard
available only in actions in rem or quasi in rem. It is not available as a before a ruling on the motion is made by a court (e.g. motion to
means of acquiring jurisdiction over the person of the defendant in an dismiss and motion for summary judgment)
action in personam. 3. PRO FORMA MOTION – One which does not satisfy the
EXCEPTION: Summons by publication is available in an action in requirements of the rules and one which will be treated as a motion
personam in the following situations: intended to delay the proceedings
1. The identity of the defendant is unknown;
2. The whereabouts of the defendants are unknown; OMNIBUS MOTION RULE:
3. The defendant a resident of the Philippines but is temporarily GENERAL RULE: All available grounds for objection in attacking a
out of the country; pleading, order, judgment, or proceeding should be invoked at one
4. The defendant does not reside and is not found in the time; otherwise, they shall be deemed waived
Philippines but the suit can be properly maintained against him EXCEPTIONs:
in the Philippines, it being a rem or quasi in rem. 1. Lack of jurisdiction over the subject matter;
2. Litis pendentia;
NOTE: Those enumerated from 1 to 3 applies to any action, which 3. Res judicata; and
necessarily includes personal action 4. Prescription

RULE 16 – MOTION TO DISMISS

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GROUNDS: Within the time for but before filing the answer to the NATURE: MANDATORY;
complaint or pleading asserting a claim, a motion to dismiss may be PURPOSE:
made on any of the following grounds: (a) The possibility of an amicable settlement or of a submission
to alternative modes of dispute resolution;
(a) That the court has no jurisdiction over the person of the (b) The simplification of the issues;
defending party; (c) The necessity or desirability of amendments to the
pleadings;
(b) That the court has no jurisdiction over the subject matter of (d) The possibility of obtaining stipulations or admissions of
the claim; facts and of documents to avoid unnecessary proof;
(e) The limitation of the number of witnesses;
(c) That venue is improperly laid; (f) The advisability of a preliminary reference of issues to a
commissioner;
(d) That the plaintiff has no legal capacity to sue; (g) The propriety of rendering judgment on the pleadings, or
summary judgment, or of dismissing the action should a valid
(e) That there is another action pending between the same ground therefor be found to exist;
parties for the same cause; (h) The advisability or necessity of suspending the
proceedings; and
(f) That the cause of action is barred by a prior judgment (i) Such other matters as may aid in the prompt disposition of
or by the statute of limitations; the action.

(g) That the pleading asserting the claim states no cause of RULE 19 – INTERVENTION
action; WHO MAY INTERVENE - A person who has a legal interest in the
matter in litigation, or in the success of either of the parties, or an
(h) That the claim or demand set forth in the plaintiff's interest against both, or is so situated as to be adversely affected by a
pleading has been paid, waived, abandoned, or otherwise distribution or other disposition of property in the custody of the court
extinguished; or of an officer thereof may, with leave of court, be allowed to
intervene in the action;
(i) That the claim on which the action is founded is WHEN TO INTERVENE - may be filed at any time before rendition
enforceable under the provisions of the statute of frauds; of judgment by the trial court;
and
IMPORTANT MATTERS ON RULE 21 – 61
(j) That a condition precedent for filing the claim has not been
complied with. RULE 21 – SUBPOENA
***Par. (f),(h),(i), bars the refilling of the same action or claim;
SECTION 1 - SUBPOENA AND SUBPOENA DUCES TECUM.
RULE 18 – PRE-TRIAL  SUBPOENA is a process directed to a person requiring him to
WHEN CONDUCTED - After the last pleading has been served and attend and to testify at the hearing or the trial of an action, or at
filed;

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 any investigation conducted by competent authority, or for the
taking of his deposition. SECTION 3 – FORM AND CONTENT OF SUBPOENA
o It may also require him to bring with him any books, A subpoena shall:
documents, or other things under his control, in which i. state the name of the court and the title of the action or
case it is called a subpoena duces tecum. investigation,
- SUBPOENA AD TESTIFICANDUM – to appear and ii. shall be directed to the person whose attendance is
testify; required, and
- SUBPOENA DUCES TUCEM – appear and bring him iii. in the case of a subpoena duces tecum,
with him the documents or things; a. it shall also contain a reasonable description of
the books, documents or things demanded
***What if the witness to whom subpoena was issued refuses to which must appear to the court prima
execute a judicial affidavit.. facie relevant.
- If the government employee or official, or the requested SECTION 4 –GROUNDS FOR QUASHING OF A SUBPOENA
witness, who is neither the witness of the adverse party nor GROUNDS FOR SUBPOENA AD TESTIFICANDUM
a hostile witness, unjustifiably declines to execute a judicial 1. witness is not bound thereby;
affidavit or refuses without just cause to make the relevant 2. witness fees and kilometrage allowed by these Rules
books, documents, or other things under his control were not tendered when the subpoena was served
available for copying, authentication, and eventual ( witness must live 100km within the place where the
production in court, the requesting party may avail himself hearing is conducted);
of the issuance of a subpoena ad testificandum or duces GROUNDS FOR SUBPOENA DUCES TUCEM:
O CAN ISSUE SUBPOENA 1. it is unreasonable and oppressive;
a) The court before whom the witness is required to attend; 2. the relevancy of the books, documents or things does
b) The court of the place where the deposition is to be taken; not appear;
c) The officer or body authorized by law to do so in connection 3. the person in whose behalf the subpoena is issued fails
with investigations conducted by said officer or body; or to advance the reasonable cost of the production
d) Any Justice of the Supreme Court or of the Court of Appeals in thereof; ALSO
any case or investigation pending within the Philippines. 4. witness fees and kilometrage allowed by these Rules
were not tendered when the subpoena was served
RULE ON ISSUANCE OF SUBPOENA TO PRISONERS ( witness must live 100km within the place where the
hearing is conducted)
When application for a subpoena to a prisoner is made, the judge or ***Service of subpoena shall be made in the same manner as
officer shall examine and study carefully such application to personal or substituted service of summons;
determine whether the same is made for a valid purpose. ***When a subpoena is issued by or on behalf of the Republic of
the Philippines or an officer or agency thereof, the tender need not
EXCEPTION: No prisoner sentenced to death, reclusion perpetua or be made
life imprisonment and who is confined in any penal institution shall be
brought outside the said penal institution for appearance or attendance
in any court unless authorized by the Supreme Court.

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MAY A PERSON NOT SERVED A SUBPOENA BE pursuance of a commission to take testimony issued by a court, or
COMPELLED TO TESTIFY WHEN SUCH PERSON IS under a general law or court rule on the subject, and reduced to writing
PRESENT IN COURT? and duly authenticated, and intended to be used in preparation and
ANS: SECTION 7 – YES, A person present in court before a judicial upon the trial of a civil or criminal prosecution;
officer may be required to testify as if he were in attendance upon a It is a pre-trial discovery devise by which one party
subpoena is sued by such court or officer. (through his or her attorney) asks oral questions of the other party
or of a witness for the other party.

EFFECT IN CASE OF FAILURE TO ATTEND INSPITE OF RULE 33 – DEMURRER TO EVIDENCE

SERVICE OF SUBPOENA:
The court or judge issuing the subpoena, upon proof of the It is a judgement rendered by the court dismissing a case upon
service thereof and of the failure of the witness, may issue a warrant to motion of the defendant, made after plaintiff has rested his case, on the
the sheriff of the province, or his deputy, to arrest the witness and ground that upon the facts presented by the plaintiff and the law on the
bring him before the court or officer where his attendance is matter, plaintiff has not shown any right to relief.
required;
RULE 34 – JUDGEMENT ON THE PLEADINGS
MODES OF DISCOVERY - RULE 23 – 39
DISCOVERY – disclosure of facts resting in the knowledge of the
defendant, or as production of deeds, writings, or things in his SECTION 1 – WHEN JUDGMENT ON THE PLEADING IS
possession or power, in order to maintain the right or title of the party PROPER:
asking it, in a suit or proceeding. A judgement on the pleadings must be on motion of the
claimant. However, if at pre-trial, the court finds that a judgement
PURPOSE: on the pleadings is proper, it may render such judgement motu
1. To narrow and clarify basic issues between the parties; propio,
2. As a device for ascertaining the facts relative to those issues;
3. To support a motion for summary judgement; By moving for judgement on the pleading, plaintiff waives his
claim for unliquidated damages. Claim for such damages must be
MODES OF DISCOVERY UNDER THE RULES OF COURT: alleged and proved.
1. Depositions Pending Action (Rule 23);
2. Depositions Before Action or Pending Appeal (Rule 24); GROUNDS:
3. Interrogatories to Parties (Rule 25); 1. Answer fails to tender an issue because of:
4. Admission by Adverse Party (Rule 26); a. General denial of the material allegations of the
5. Production or Inspection of Documents, or Things (Rule 27); complaint;
6. Physical and Mental Examination of Persons (Rule 28); b. Insufficient denial of the material allegations of the
complaint or;
2. Answer admits material allegations of the adverse party’s
DEPOSITION – is the testimony of a witness taken upon oral pleading.
examination or written interrogatories, not in open court, but in

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***In actions for declaration of nullity or annulment of marriage SECTION 1 – WHEN TO FILE: SUMMARY JUDGEMENT
or for legal separation, the material facts alleged in the complaint FOR CLAIMANT
shall always be proved; May be filed at any time after the pleading in answer thereto
has been served;
JUDGEMENT ON THE JUDGEMENT BY DEFAULT
PLEADINGS SECTION 2 – WHEN TO FILE: SUMMARY JUDGEMENT
The defendant answered, but did The defendant did not file an FOR DEFENDING PARTY
not tender an issue or admitted the answer MAY BE FILED AT ANY TIME;
material allegations in the
complaint. ***Filing, both by claimant and defending party, must be with
Evidence is not received as the Evidence is received supporting affidavits, depositions or admissions;
same is based on the pleadings
alone SECTION 3: MOTION AND PROCEEDINGS
Decision is based on the Decision is based on the The motion shall be served at least ten (10) days before the
allegations in the pleadings evidence presented time specified for the hearing. The adverse party may serve opposing
affidavits, depositions, or admissions at least three (3) days before the
***If the complaint states no cause of action, a motion to dismiss hearing. After the hearing, the judgment sought shall be rendered
should be filed and NOT a motion for judgement on the pleading; forthwith if the pleadings, supporting affidavits, depositions, and
admissions on file, show that, except as to the amount of damages,
***One who prays for judgement on the pleadings without offering there is no genuine issue as to any material fact and that the
proof as to the truth of his own allegations and without giving the moving party is entitled to a judgment as a matter of law.
opposing party an opportunity to introduce evidence, must be
understood to ADMIT all MATERIAL and RELEVANT SECTION 4: CASE NOT FULLY ADJUDICATED ON MOTION
ALLEGATIONS of the opposing party and to rest his motion for The TRIAL shall be conducted on the controverted facts only;
judgement on those allegations taken together with such of his own as
are admitted in the pleadings. SECTION 6: AFFIDAVITS IN BAD FAITH
Should it appear to its satisfaction at any time that any of the
RULE 35 – SUMMARY JUDGMENTS affidavits presented pursuant to this Rule are presented in bad faith, or
It is one granted by the court for the prompt disposition of civil solely for the purpose of delay, the court shall forthwith order the
actions wherein it clearly appears that there exists no genuine issue or offending party or counsel to pay to the other party the amount of the
controversy as to any material fact. reasonable expenses which the filing of the affidavits caused him to
incur including attorney's fees, it may, after hearing further adjudge the
GENUINE ISSUE: It is an issue of fact which calls for the offending party or counsel guilty of contempt.
presentation of evidence as distinguished from an issue which is sham,
fictitious, contrived, and patently unsubstantial so as not to constitute a BASES OF SUMMARY JUDGEMENT
genuine issue for trial. 1. Affidavits MADE on PERSONAL KNOWLEDGE;
2. Depositions of the adverse party or a third party under Rule 23;
3. Admissions of the adverse party under Rule 26;

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 4. Answers to interrogatories under Rule 25 or on the merits
Available only in Available in ANY Available in ANY
***Even if the answer does not tender an issue, and therefore a actions to recover a ACTION except ACTION except
judgement on the pleadings is NOT proper, a SUMMARY debt, or for a annulment of annulment of
JUDGEMENT may still be rendered if the issues tendered are NOT liquidated sum of marriage or legal marriage or legal
genuine, are sham, fictitious, contrived, set-up in bad faith, and money or for separation cases separation cases
patently unsubstantial. declaratory relief

***Where the pleading is under a genuine issue, summary judgement RULE 36 – JUDGEMENTS, FINAL ORDERS AND ENTRY
is not proper; JUDGEMENT – Final consideration and determination by a court of
the rights of the parties, upon matters submitted to it in an action or
***Trial courts are authorized to grant relief by summary judgement. proceeding;
This is intended to expedite or promptly dispose of cases where the It is the result, or the dispositive part of the decision while the
facts appear undisputed and certain from the pleading admissions and opinion gives the grounds for the decision.
affidavits. This rule does not vest in the court summary jurisdiction to
try the issue on pleadings and affidavits but gives the court limited DATE OF FINALITY OF JUDGEMENT/ORDER
authority to enter summary judgement only if it clearly appears that Date of the finality of the judgement or final order shall be
there is NO GENUINE ISSUE of MATERIAL FACT. deemed to be the date of its entry. The judgement or final order shall
JUDGEMENT JUDGEMENT ON JUDGEMENT BY be entered by the clerk in the book of entries of judgements if not
THE PLEADINGS DEFAULT appeal or motion for new trial or reconsideration is filed WITHIN 15
Based on the Based solely on the Based on the days.
pleadings, pleadings complaint and
depositions, evidence, if SECTION 1 – RENDITION OF JUDGEMENTS AND FINAL
admissions, and presentation is ORDERS
affidavits required
Available to both Generally available Available to REQUISITES OF A JUDGEMENT:
PLAINTIFF and only to the PLAINTIFF only 1. It should be in writing, personally and directly prepared by
DEFENDANT PLAINTIFF; unless the judge;
DEFENDANT 2. Must state clearly and distinctly the facts and the law on
presents counterclaim which it is based; and
GENUINE ISSUE; Answer fails to tender NO ISSUES as NO 3. It should contain a dispositive and should be signed by the
an issue or there is an ANSWER is filed by judge and filed with the clerk of court;
admission of material the defending party
allegations JUDGEMENT UPON THE MERITS – rendered after consideration
10 day notice 3 day notice required 3 day notice rule of the evidence submitted by the parties during the trial of the case;
required applies
May be interlocutory ON THE MERITS ON THE MERITS PROMULGATION – the process by which a decision is published,
officially announced, made known to the public or delivered to the

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clerk of court for filing, coupled with notice to the parties or their suits, and the judgment for or against one of them will not necessarily
counsel. affect the other. It is not proper in actions against solidary debtors.

***The power to amend a judgement is inherent to the court before

judgement becomes final and executor;
***A judgement on a compromise otherwise known as JUDICIAL SECTION 5: SEPARATE JUDGMENTS
COMPROMISE has the force of law and is CONCLUSIVE between It is a judgment rendered to dispose of one of the several
parties. IT IS NOT APPEALABLE. claims for relief presented in an action, made at any stage, upon a
RULE OF IMMUTABILITY OF JUDGEMENT determination of the issues material to a particular claim and all
A final judgement cannot be modified, even if the purpose is to counterclaims arising out of the transaction or occurrence which is the
correct perceived erroneous conclusions of the facts or law. subject matter of the claim, which terminates such claim. Action shall
EXCEPTIONS: proceed as to other claims.
1. To make corrections of clerical errors, not substantial It is proper when more than one claim for relief is
amendments, as by an amendment NUNC PRO TUNC; presented in an action and a determination as to the issues
2. To clarify an ambiguity which is borne out by and justifiable in material to the claim has been made. The action shall proceed as to
the context of the decision; the remaining claims.
3. Where the judgment is VOID; or
4. In judgements for SUPPORT; it can always be amended from SECTION 6: JUDGEMENTS AGAINST ENTITY WITHOUT
time to time; JURIDICAL PERSONALITY – the judgement shall set out their
individual or proper names, if known
JUDGMENT NUNC PRO TUNC - A judgement intended to enter
into the records acts which had already been done, but which do not REMEDIES AGAINST JUDGMENTS OR FINAL ORDERS
appear in the records; 1. BEFORE FINALITY
a. Motion for NEW TRIAL or RECONSIDERATION;
***Judgement may be attacked DIRECTLY or COLLATERAL b. APPEAL;
2. AFTER FINALITY
SECTION 2: ENTRY OF JUDGEMENT – The date of finality of a. Relief from JUDGEMENT (Rule 38);
the judgment or final order shall be the date of its entry; if NO b. Annulment of Judgement (Rule 47;
APPEAL OR MOTION FOR NEW TRIAL OR MOTION FOR c. Petition for Certiorari
RECONSIDERATION is filed;
RULE 37 – NEW TRIAL OR CONSIDERATION
SECTION 4: SEVERAL JUDGMENTS NEW TRIAL – It is the rehearing of a case already decided by the
Judgment rendered by a court against one or more several court but before the judgment rendered thereon becomes final and
defendants and not against all of them leaving the action to proceed executor, whereby errors of law or irregularities are expunged from the
against the others. record, or new evidence is introduced, or both steps are taken.
Several judgements is proper where the liability of each
party is clearly separable and distinct from his co-parties such that SECIION 1: GROUNDS: MOTION FOR NEW TRIAL
the claims against each of them could have been the subject of separate 1. FAME – Fraud, Accident, Mistake, or Excusable Negligence;

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 2. Newly discovered evidence 1. Set aside judgment or final order and grant new trial;
FRAUD- must be EXTRINSIC FRAUD; meaning any fraudulent 2. Deny the motion for new trial or motion for reconsideration;
scheme executed by the prevailing party outside the trial against the 3. Amend such judgment or final order accordingly;
missing party who because of such fraud is prevented from presenting
his side of the case; SECTION 6: EFFECT OF GRANTING OF MOTION FOR NEW
ACCIDENT – an event that takes place without one’s foresight or TRIAL
expectation; WHEN GRANTED: The original judgment is thereby vacated
MISTAKE – refers to mistakes of fact or law where, in good faith, the and the action stands for trial de novo, but the recorded evidence taken
defendant was mislead in the case; upon the former trial so far as the same is material and competent to
EXCUSABLE NEGLIGENCE – depends upon the circumstances of establish the issues, shall be used at the new trial taking the same.
the case/
SECTION 8: EFFECT OF ORDER FOR PARTIAL NEW TRIAL
REQUISITES TO BE CONSIDERED AS NEWLY 1. Enter a judgment or final order as to the rest of the issues, or
DISCOVERED EVIDENCE 2. Stay the enforcement of such judgment
1. Discovered AFTER trial;
2. Could not have been discovered and produced at trial despite RULE 38: RELIEF FROM JUDGMENTS, ORDERS, OR
the exercise of reasonable diligence; OTHER PROCEEDINGS
3. If presented, could probably after the result of the action.
Otherwise, it is called FORGOTTEN EVIDENCE. GROUNDS FOR PETITION FOR RELIEF:
1. Judgment or final order entered against a party by FAME;
GROUNDS FOR MOTION FOR RECONSIDERATION or
1. Damages award are EXCESSIVE; 2. Judgment or final order is rendered and party has been
2. Evidence is insufficient to justify the decision or final order; prevented b FAME from taking an appeal;
3. Decision is contrary to law ***For fraud to be extrinsic, the losing party must never have had
a chance to controvert the adverse party’s evidence;
SECTION 2 CONTENTS OF MOTION FOR NEW TRIAL OR ***Uniform procedure for relief from judgments of MTC and
RECONSIDERATION AND NOTICE THEREOF RTC;
A motion suspends or tolls the running of the reglementary
period EXCEPT when it is PRO-FORMA ***AFTER PETITION IS FILED, court shall order adverse parties
to answer within 15 days from receipt. After the answer is filed or
***PRO-FORMA MOTION – It is that which does not comply with expiration of period therefore, court shall hear the petition.
Rule 15 and 37, it does not point out specifically the findings or
conclusions of the judgment as are contrary to law; merely intended to ***IF GRANTED, judgment set aside and court shall proceed as if
delay the proceedings or if there is no affidavit of merit. timely motion for new trial has been granted; IF GRANTED
AGAINST DENIAL OF APPEAL, court shall give due course to
SECTION 3- ACTION UPON MOTION FOR NEW TRIAL OR appeal.
RECONSIDERATION
THE COURT MAY EITHER: NEW RELIEF FROM

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 TRIAL/RECONSIDERATION JUDGMENT Preliminary Injunction is granted upon filing of the petitioner
Must be filed within the appeal Judgment is final within 60 of the BOND in favor of adverse party;
period, JUDGMENT NOT YET days after petitioner learns of
FINAL the judgment to be set aside SECTION 6: PROCEEDINGS AFTER ANSWER IS FILED:
and within 6 months after
such judgment is entered TWO HEARINGS:
LEGAL RIGHT MORE ON EQUITY 1. Hearing to determine whether the judgment be set aside;
FAME + Newly Discovered Evidence FAME ONLY 2. If in the affirmative, a hearing on the merits of the case
Judgement on FINAL ORDER Relief from Judgment/Order WHEN TRIAL ON THE MERITS NOT NECESSARY;
on other Proceeding 1. When relief sought may be the allowance of an appeal after the
expiration of the period to appeal;
FORMS AND CONTENTS OF THE PETITION 2. When relief sought may be the staying of immediate execution
1. The petition for relief must be verified; due to FAME;;
2. It must be supported by affidavit showing the FAME relied
upon; and SECTION 7: PROCEDURE WHERE THE DENIAL OF AN
3. The affidavit of merit accompanying the petition must also APPEAL IS SET ASIDE
show facts constituting the petitioner’s good or substantial The lower court shall be required to give due course to the
cause of action or defense. appeal and to elevate the record of the appealed cases as if a timely
***Party who has filed a timely motion for new trial CANNOT file and proper appeal had been made;
a petition after the former is denied. The TWO REMEDIES ARE
EXCLUSIVE OF ONE ANOTHER.
RULE 39 – EXECUTION, SATISFACTION AND EFFECT OF
JUDGMENTS
SECTION 4: ORDER TO FILE AN ANSWER SECTION 1 – EXECUTION UPON JUDGMENTS OR FINAL
If petition is sufficient in form and substance to justify relief, ORDERS
court shall issue an order requiring adverse parties to file answer WHEN EXECUTION IS A MATTER OF RIGHT:
within 15 days from receipt of notice. 1. ON MOTION;
2. Upon Judgment or order that disposes of the action or
***In once case, The defective notice of hearing on petitioner’s proceeding;
motion for reconsideration was due to the day-long brownouts that 3. Upon expiration of the period to appeal therefrom and no
plagued the metropolis, counsel’s failure to specify the date and time appeal has been duly perfected;
for hearing of petitioner’s motion for reconsideration should rightly de 4. When appeal has been duly perfected and resolved, by filing a
deemed EXCUSABLE NEGLIGENCE. motion within the court of origin submitting true copies of the
final judgment or final order sought to be enforced.
SECTION 5: PRELIMINARY INJUNCTION PENDING ***If the court of origin refuses to issue a writ of execution, the
PROCEEDINGS appellate court may, or on motion, direct the court of origin to issue
PURPOSE: TO PRESERVE THE RIGHTS OF THE PARTIES; the writ.

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 FINAL JUDGMENTS FINAL AND EXECUTORY 4. Execution is sought against property exempt from execution;
JUDGMENTS 5. Terms of the judgment not clear, leaves room for
Dispose of, adjudicate, or Becomes final & executory by interpretation;
determine the rights of parties; operation of law 6. Writ of execution improvidently issued, defective in substance,
Still subject to APPEAL After lapse of period to appeal issued against the wrong party, judgment debtor has been paid
and no appeal was perfected, no or otherwise satisfied, writ has been issued without authority;
further action can be had ***IN THE MENTIONED EXCEPTIONS, REMEDY IS
Execution of judgment NOT A Execution of judgment A CERTIORARI UNDER RULE 65;
MATTER OF RIGHT MATTER OF RIGHT
WHEN EXECUTION OF FINAL AND EXECUTORY
JUDGMENTS AND FINAL ORDERS THAT MAY BE JUDGMENT MAY BE ENJOINED
EXECUTED AS A MATTER OF RIGHT BEFORE 1. Upon filing a petition for relief from judgment;
EXPIRATION OF TIME TO APPEAL; 2. Attack against a judgment which is void for lack of
1. FORCIBLE ENTRY AND DETAINER; jurisdiction, or obtained through fraud;
2. Injunction, Receivership, Accounting and Support; 3. On equitable grounds;
3. Award, Judgment, Final Oder, or Resolution of Quasi- 4. In cases falling under the 6 exceptions
Judicial Agencies --- Appealable to CA ***Judgment for support is not final in a sense that it cannot be
INTERLOCUTORY ORDER THAT MAY BE EXECUTED: modified;
 SUPPORT PENDENTE LITE
***Interlocutory Order is an order which does not dispose the case but GENERAL RULE: Final and executor judgment cannot be amended
leave something to be done by the trial court on the merits of the case. or modified;
Any amendment which substantially affects a final and
JUDGMENTS THAT ARE NOT APPEALABLE: executory judgment is null and void for lack of jurisdiction;
1. SIN PERJUICO Judgments (judgments without any stated facts EXCEPTION: JUDGMENT MAY BE MODIFIED AS TO:
in support of the conclusion); 1. Clerical Errors or Mistakes;
2. Conditional Judgments; 2. To clarify ambiguity; or
3. Incomplete Judgments 3. To enter nunc pro tunc orders;

GENERAL RULE: Trial Court has a ministerial duty to order ***A final and executory judgment can no longer be amended by
execution of final and executor judgments. It cannot refuse execution adding thereto relief not originally included, i.e, award of ownership
and is compellable by MANDAMUS. does not necessarily include possession
EXCEPTIONS:
1. Change in the situation of the parties which makes the SECTION 2: DISCRETIONARY EXECUTION
execution inequitable or unjust; 1. EXECUTION PENDING APPEAL;
2. Writ of Execution varies judgment; a. While trial court has jurisdiction over the case and is in
3. Controversy has never been submitted to the judgment of the possession of either the original record on appeal;
court; b. When trial court has lost jurisdiction but has not
transmitted records of the case to the appellate court;

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 c. When trial court has lost jurisdiction and has
transmitted records (motion for execution pending SECTION 3: STAY OF DISCRETIONARY JUDGMENT
appeal with appellate court) It is allowed at the discretion of the court by filing a
2. EXECUTION OF SEVERAL, SEPARATE OR PARTIAL SUPERSEDEAS BOND;
JUDGMENTS
SEVERAL JUDGMENTS SEPARATE/PARTIAL SUPERSEDEAS BOND – it is one filed by a petitioner and approved
JUDGMENTS by the court before judgement becomes final and executory and
Rendered against one or more of Rendered at any stage of the action conditioned upon the performance of the judgment appealed from in
several defendants, leading the regarding a particular claim, case it be affirmed wholly or in part.
action to proceed against others leaving the action to proceed as to
the remaining claims It guarantees satisfaction of the judgment in case of affirmance
on appeal, not other things like damage to property pending the appeal;
DISCRETIONARY EXECUTION AS A MATTER
EXECUTION OF RIGHT SECTION 4: JUDGMENTS NOT STAYED BY AN APPEAL
May issue before the lapse of Issued when period to appeal has The ff judgments are immediately executory, enforceable after
period to appeal already lapsed and no appeal has their rendition and shall not be stayed by an appeal, unless otherwise
been perfected ordered by the trial court: (THIS JUDGMENTS ARE NOT
Discretionary upon the court there Ministerial duty of the court STAYED BY APPEAL; NATURE IS NOT A FINAL
is inquiry on whether there is good provided there are no JUDGMENT)
reason for execution supervening events 1. INJUNCTION;
2. RECEIVERSHIP;
REQUISITES FOR EXECUTION PENDING APPEAL: 3. ACCOUNTING;
1. On motion by the prevailing party, with notice to the adverse 4. SUPPORT; AND
party; 5. SUCH OTHER JUDGMENTS DECLARED TO BE
2. Good reasons for issuing execution; and IMMEDIATELY EXECUTOY UNLESS OTHERWISE
3. The good reasons must be stated in a special order ORDERED BY THE TRIAL COURT;

EXAMPLES OF GOOD REASONS: SECTION 5: EFFECT OF REVERSAL OF EXECUTED

1. Where education of a person to be supported would unduly be JUDGEMENT
delayed; Trial Court may, on motion, issue restitution or reparation in an
2. The immediate execution of an order to support is valid; event of a reversal after a petition for relief under Rule 38, or
3. The judgment debtor is insolvent, except when a co-defendant annulment of judgment under Rule 47 is granted.
is solvent and his liability is subsidiary
***Award for actual and compensatory damages may be ordered SECTION 6: EXECUTION BY MOTION OR BY
executed pending appeal but not moral and exemplary damages; INDEPENDENT ACTION:
***Execution pending appeal is NOT APPLICABLE TO LAND
REGISTRATION PROCEEDINGS A FINAL AND EXECUTORY JUDGMENT OR ORDER MAY
BE EXECUTED:

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 1. ON MOTION, WITHIN 5 YEARS FROM ENTRY; OR 2. Change in the situation of the parties making execution
2. BY FILING ANOTHER ACTION WITHIN 10 YEARS inequitable and unjust;
FROM ENTRY 3. Execution sought to be enforced against property exempt from
execution;
LIFESPAN OF WRIT OF EXECUTION = 5 YEARS 4. Controversy has never been submitted to the judgment of the
A revived judgment is again enforceable by motion within 5 court;
years and thereafter, BY ANOTHER ACTION within 10 years 5. Terms of judgment are not clear and there remains room for
from finality of the revived judgment, not the original judgment. interpretation;
6. Writ of execution is improvidently issued, defective in
***The 5/10 year period is not applicable to: substance, issued against the wrong party, judgment debt has
 Judgment for SUPPORT ( as it does not prescribe; and been paid, or writ issued without authority
may still be enforced by motion even after the 5 year
period); SECTION 9: EXECUTION OF JUDGMENTS FOR
 Special Proceedings (Land Registration Proceedings) MONEY( HOW ENFORCED)
1. IMMEDIATE PAYMENT ON DEMAND;
***The venue of action for enforcement of Judgment is filed: 2. SATISFACTION BY LEVY;
 IF PERSONAL – where the plaintiff resides or defendant 3. GARNISHMENT OF DEBTS AND CREDITS
resides, at the election of the plaintiff;
 IF REAL ACTION – where the property is located; GENERAL RULE: All property belonging to judgment obligor not
exempt from execution may by attached.
SECTION 7: EXECUTION IN CASE OF DEATH OF PARTY EXCEPTIONS:
1. IF OBLIGEE DIES: Execution May Be Issued Or Be 1. USUFRUCT;
Enforced Upon Application Of His Executor Or Administrator, 2. ASCERTAINABLE INTEREST IN REAL ESTATE AS
Or Successor In Interest; MORTGAGOR, MORTGAGEE, OR OTHERWISE;
2. IF OBLIGOR DIES: : Execution May Be Issued Or Be 3. UNUSED BALANCE OF AN OVERDRAFT ACCOUNT
Enforced AGAINST His Executor Or Administrator, Or
Successor In Interest (IF JUDGMENT IS RECOVERY OF SECTION 11: EXECUTION OF SPECIAL JUDGMENT:
REAL OR PERSONAL PROPERTY, OR ENFORCEMENT A special judgment is one that can be complied with only by
OF LIEN) the judgment obligor himself;
3. IF OBLIGOR DIES AFTER LEVY IS EFFECTED: same It requires the performance of any other act than payment
sold for satisfaction of judgment obligation, if there is any of money, or the sale or delivery of real or personal property;
surplus the officer making the sale shall account it to the Failure to comply with special judgment under Section 11 is
executor or administrator; punishable as contempt by imprisonment.

GROUNDS FOR QUASHING A WRIT OF EXECUTION: SECTION 13: PROPERTIES EXEMPT FROM EXECUTION:
1. Writ of execution varies judgment;

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 (a) The judgment obligor's family home as provided by law, or (k) Monies, benefits, privileges, or annuities accruing or in any
the homestead in which he resides, and land necessarily used in manner growing out of any life insurance;
connection therewith;
(l) The right to receive legal support, or money or property
(b) Ordinary tools and implements personally used by him in obtained as such support, or any pension or gratuity from the
his trade, employment, or livelihood; Government;

(c) Three horses, or three cows, or three carabaos, or other (m) Properties specially exempted by law
beasts of burden, such as the judgment obligor may select
necessarily used by him in his ordinary occupation; SECTION 14: RETURN OF WRIT OF EXECUTION
Writ of execution is returnable to the court after judgment is
(d) His necessary clothing and articles for ordinary personal satisfied;
use, excluding jewelry; Sheriff shall report to the court within 30 days after receipt and
every 30 days until the judgment is satisfied in full
(e) Household furniture and utensils necessary for
housekeeping, and used for that purpose by the judgment SECTION 16: PROCEEDINGS WHERE PROPERTY
obligor and his family, such as the judgment obligor may CLAIMED BY THIRD PESONS
select, of a value not exceeding one hundred thousand pesos; 3RD PARTY CLAIM – a claim by any person other than the judgment
debtor or his agent on property levied on execution;
(f) Provisions for individual or family use sufficient for four PURPOSE OF 3RD PARTY CLAIM
months; 1. To recover property levied on by sheriff;
2. To hold sheriff liable for damages for the taking or keeping of
(g) The professional libraries and equipment of judges, such property
lawyers, physicians, pharmacists, dentists, engineers, WHEN TO FILE A 3RD PARTY CLAIM
surveyors, clergymen, teachers, and other professionals, not Any time, so as long as the sheriff has the possession of the
exceeding three hundred thousand pesos in value; property levied upon, or before the property is sold under execution.

(h) One fishing boat and accessories not exceeding the total WHAT IS THE PROCEDURE FOR A 3RD PARTY CLAIM
value of one hundred thousand pesos owned by a fisherman 3RD party should make an affidavit of his title thereto, or right
and by the lawful use of which he earns his livelihood; of possession thereof, and should serve such affidavit upon the sheriff
and a copy thereof to the judgement oblige.
(i) So much of the salaries, wages, or earnings of the judgment The sheriff may or may not require the judgment oblige to file
obligor for his personal services within the four months a bond;
preceding the levy as are necessary for the support of his INDEMNITY BOND FILED NO INDEMNITY BOND
family; FILED
Action for damages brought Action for damages may be
(j) Lettered gravestones; against the principal and sureties brought against sheriff himself
on the bond

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 Sheriff NOT LIABLE for Sheriff LIABLE for damages Within 1 year from the date of 1. Within 1 year from the date of
damages registration of the certificate of registration of the certificate of
Sheriff bound to keep property on Sheriff not bound to keep sale sale; or
behalf of the judgment oblige property under levy 2. Within 60 days from the last
redemption by another
REMEDY OF THE CREDITOR redemptioner
1. File a bond to indemnify 3rd party complainant;
a. Amount of bond not less than value of property; PAYMENT – HOW AND TO WHOM MADE:
b. Sheriff not liable for damages if bond is filed;  Tender of Redemption money may be made to purchaser or
2. File a claim for damages against 3rd party in the same or sheriff;
separate action  If tender to sheriff – he has the duty to accept
a. Based on the ground that 3rd party claim is frivolous or
plainly spurious; MEDIUM OF PAYMENT
REMEDY OF THE 3RD PARTY  CASH, SECTION 9 RULE 39, ALLOWS CERTIFIED
1. VINDICATE HIS CLAIM IN A SEPARATE ACTION BANK CHECK
2. FILE A SEPARATE ACTION FOR DAMAGES  IF CHECK IS DISHONORED, REDEMPTION IS
AGAINST THE SHERIFF; INVALID
3. FILE A CLAIM FOR DAMAGES AGAINST THE BOND  IF CHECK BECOME STALE FOR NOT BEING
(claim must be within 120 days from filing the bond) PRESENTED, THROUGH NO FAULT OF
***The sheriff is at complete liberty to suspend or not to suspend REDEMPTIONER, REDEMPTION IS VALID;
execution if the judgment creditor does not file a bond;
***The judgment creditor cannot be compelled to file a bond because SECTION 47: EFFECT OF JUDGMENT OR FINAL ODERS
he is at complete liberty to do so
The effect of a judgment or final order rendered by a court of the
SECTION 27: WHO MAY REDEEM REAL PROPERTY SO Philippines, having jurisdiction to pronounce the judgment or final
SOLD order, may be as follows:
RIGHT OF REDEMPTION
1. PERSONAL PROPERTY – NONE; Sale is Absolute; (a) In case of a judgment or final order against a specific thing,
2. REAL PROPERTY – there is a right of redemption or in respect to the probate of a will, or the administration of
WHO MAY REDEEM the estate of a deceased person, or in respect to the personal,
JUDGMENT DEBTOR REDEMPTIONER political, or legal condition or status of a particular person or
Judgment obligor, or his One who has a lien by virtue of his relationship to another, the judgment or final order is
successor in interest (transferee, another attachment, judgment, or conclusive upon the title to the thing, the will or administration
assignee, heirs, joint debtors) mortgage on property or the condition, status or relationship of the person, however,
SUBSEQUENT to the lien under the probate of a will or granting of letters of administration
which the property was said shall only be prima facie evidence of the death of the testator
WHEN? WHEN? or intestate;

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 (b) In other cases, the judgment or final order is, with respect It is based on the principle that parties should not litigate the
to the matter directly adjudged or as to any other matter that same matter more than once.
could have been missed in relation thereto, conclusive between
the parties and their successors in interest, by title subsequent REQUISITES OF RES JUDICATA:
to the commencement of the action or special proceeding, 1. Former judgment or order must be final and executory;
litigating for the same thing and under the same title and in the 2. Court has jurisdiction over subject matter and parties;
same capacity; and 3. Former judgment or order was on merits;
4. Identity of parties, subject matter, and cause of action between
(c) In any other litigation between the same parties or their first and second action
successors in interest, that only is deemed to have been
adjudged in a former judgment or final order which appears ***CONCLUSIVENESS OF JUDGMENT – issues are actually and
upon its face to have been so adjudged, or which was actually directly resolved in a former suit cannot again be raised in any future
and necessarily included therein or necessary thereto. case between the same parties involving a different cause of action
***PARAGRAPH (A) refers to rule on RES JUDICATA in
JUDGMENTS IN REM; SECTION 48: EFFECT OF FOREIGN JUDGMENTS OR FINAL
***PARAGRAPH (B) refers to as “BAR BY FORMER JUDGMENT ORDERS
OR RES JUDICATA in judgments IN PERSONAM EFFECT OF A FOREIGN ORDER OR TRIBUNAL:
***PARAGRAPH (C) is known as “CONCLUSIVENESS OF 1. Against a specific thing – conclusive upon title to the thing;
JUDGMENT” or preclusion of issues or rule of AUTER ACTION 2. Against a person – presumptive evidence of a right as between
PENDANT. the parties and their successors in interest by a subsequent title
*** In both instances, the judgment of foreign courts may be
JUDGMENT OR FINAL EFFECT: CONCLUSIVE AS repelled by:
ORDER TO  WANT OF JURISDICTION;
Against a specific thing The title of the thing  NOTICE;
Probate of a will or Will or Administration.  COLLUSION;
administration of the estate of a However, only prima facie  FRAUD;
deceased person evidence of the death of the  CLEAR MISTAKE OF LAW OR FACT
testator or intestate
In respect to the personal, Condition, status, or HOW TO ENFORCE FOEIGN JUDGMENTS?
political, or legal condition or relationship of the person By filing an action, in RTC, based on said judgment; foreign
status of a particular person judgment is presumed to be valid and binding.
***Recognition of a foreign judgment may be raised as a defense for
RES JUDICATA – It is a matter adjudged; an existing final judgment being res judicata;
or decree rendered on the merits is conclusive upon the rights of the
parties or their privies, in all other actions or suits in the same or any MODES OF APPEAL
other judicial tribunal, on the points and matters in issue in the first 1. ORDINARY APPEAL UNDER RULE 40 – from MTC to
suit. RTC

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 a. Notice on Appeal – 15 day period; receipt of the final order denying his motion for new trial or motion for
b. Record on Appeal – 30 day period; reconsideration.
2. ORDINARY APPEAL UNDER RULE 41 – from RTC to FUNCTION OF NOTICE OF APPEAL – to notify the trial court
CA that the appellant is availing of the right to appeal, and not to seek the
a. Notice on Appeal – 15 day period; court’s permission that he be allowed to pose an appeal; It does not
b. Record on Appeal – 30 day period require the approval of the court;
3. PETITION FOR REVIEW UNDER RULE 42 – RTC in its APPEAL BY RECORD ON APPEAL – the period is 30 days from
appellate jurisdiction to CA; receipt of court’s decision or the final order denying his motion for
4. PETITION FOR REVIEW UNDER RULE 43 – Quasi- new trial or motion for reconsideration.
judicial bodies to CA NOTICE OF APPEAL RECORD ON APPEAL
5. PETITION FOR REVIEW ON CERTIORARI under Normally, appeal is made by Required only in Special
RULE 45 filing a notice of appeal with the Proceedings and other cases of
court which rendered the multiple or separate appeals;
ISSUES TO BE RAISED ON APPEAL judgment or final order appealed
GENERAL RULE: The appellate court shall consider no error unless from
stated in the assignment of errors; Deemed perfected as to him upon Deemed perfected upon the
EXCEPTION: However the court may consider an error not raised on the filing of the notice of appeal approval of record on appeal
appeal provided the same falls within any of the following categories: Period to appeal is 15 days Period of record on appeal is 30
1. It is an error that affects the jurisdiction over the subject matter; days
2. It is an error that affects the validity of the judgment appealed The court loses jurisdiction over The court loses jurisdiction only
from; the case upon the perfection of over the subject matter thereof
3. It is an error which affects the proceedings; the appeal filed in due time and upon approval of the records on
4. It is an error closely related to or dependent on an assigned the expiration of the time of the appeal filed in due time and the
error and properly argued in the brief; or appeal of the other parties expiration of the time to appeal of
5. It is a plain and clerical error the other parties
ISSUES ALLOWED TO BE RAISED FOR THE FIRST TIME
ON APPEAL EXTENDING THE PERIOD OF APPEAL
1. LACK OF JURISDICTION; The period of appeal may be extended under the sound
2. WHERE THE LOWER COURT COMMITTED PLAIN discretion of the court. However, the mere filing of the motion for
ERROR; extension of time to perfect the appeal does not suspend the running of
3. WHERE THERE ARE JURISPRUDENTIAL the reglementary period.
DEVELOPMENTS AFFECTING THE ISSUES, OR
WHEN THE ISSUES RAISED PRESENT A MATTER OF INSTANCES WHERE EXTENSION OF TIME IS ALLOWED
PUBLIC POLICY. UNDER RULE 42: The court may grant an additional period of 15
days provided the extension is sought:
PERIOD OF APPEAL 1. Upon proper motion; and
A party-litigant may either file his notice of appeal within 15
days from receipt of court’s decision or file it within 15 days from

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 2. Upon payment of the full amount of the docket and other 2. Such power should be used in the exercise of the court’s sound
lawful fees before the expiration of the reglementary period; discretion
3. No further extension shall be granted except for the most
COMPELLING REASON and in no case to exceed 15 days. DUTY OF THE CLERK OF COURT OF LOWER COURT
UPON PERFECTION OF APPEAL
UNDER RULE 45: The SC may for JUSTIFIABLE REASON grant Within 30 days after perfection of all the appeals it shall be the duty of
an extension of 30 days only within which to file the petition provided: the clerk of court of the lower court:
1. There is a motion for extension of time duly filed and served; 1. To verify the correctness of the original record or the record on
2. There is full payment of the docket and other lawful fees and appeal and to make a certification of its correctness;
the deposit for costs; and 2. To verify the completeness of the records that will be
3. The motion is filed and served and the payment is made before transmitted to the appellate court;
the expiration of the reglementary period. 3. If found to be incomplete, to take such measures as may be
PERFECTION OF APPEAL required to complete the records;
GENERAL RULE: Perfection of appeal within the reglementary 4. To transmit the records to the appellate court. If the efforts to
period is jurisdictional; complete the records fail, the clerk of court shall indicate in his
EXCEPTION: When there has been FAME, resort to Petition for letter of transmittal the exhibits or transcripts not included in
Relief from judgment under Rule 38 the records and the reasons for their non-transmittal, and the
EFFECT OF PERFECTED APPEAL steps taken o that could be taken to have them available; and
GENERAL RULE: Judgment if not vacated by appeal, but is merely 5. The clerk of court shall furnish the parties with copies of his
stayed and may be affirmed, modified or reversed or findings of facts letter of transmittal of the records to the appellate court.
or conclusions of law may be adopted by reference.
EXCEPTION: Not applicable to civil cases under the Rules on RULE 40 – APPEAL FROM MUNICIPAL TRIAL COURTS TO
Summary Procedure which provides that the decision of the RTC in THE REGIONAL TRIAL COUTS
civil cases governed by said Rule, including forcible entry and
unlawful detainer cases, shall be immediately executory without DISMISSAL OF CASE WITHOUT TRIAL OR WITHOUT
prejudice to a further appeal that maybe taken therefrom. JURISDICTION
1. IF THE LOWER COURT DISMISSED THE CASE
EFFECT OF NON-PAYMENT OF APPELLATE DOCKET WITHOUT TRIAL ON THE MERITS, RTC MAY:
FEES a. AFFIRM – In such case, it is a declaration of the
GENERAL RULE: Payment of docket fee is jurisdictional. Without merits of the dismissal;
such payment, the appellate court does not acquire jurisdiction over the b. AFFIRM AND THE GROUND OF DISMISSAL IS
subject matter of the action and the decision sought to be appealed LACK OF JURISDICTION OVER THE SUBJECT
from becomes final and executory. MATTER – The action of the RTC is a mere
EXCEPTION: affirmation of the dismissal. The RTC is a mere
1. The failure to pay appellate court docket fee within the affirmation of the dismissal. The RTC shall try the case
reglementary period allows only discretionary dismissal, not on the merits as if the case was originally filed with it;
automatic dismissal of the appeal; c. REVERSE – it shall remand the case for further
proceedings

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 2. If the case was tried on the merits by the lower court 5. Order denying a motion to set aside a judgment by consent,
without jurisdiction over the subject matter, the RTC shall confession, compromise on the ground of fraud, mistake, or
not dismiss the case if it has original jurisdiction, but shall duress, or any other ground vitiating consent;
decide the case, and shall admit amended pleadings and 6. Order of execution;
additional evidence.
à Not appealable because execution is only the result of the judgment. 
If order of execution is not in accord with the dispositive portion,
remedy is certiorari under Rule 65.

DUTIES OF THE PARTIES TO WHOM NOTICE WAS GIVEN 7. Judgment or final order for or against one or more of several
BY THE CLERK OF COURT: parties or in separate claims, while the main case is pending,
1. Within 15 days from such notice, it shall be the duty of the unless the court allows an appeal therefrom;
appellant to submit a memorandum which shall briefly discuss 8. Order dismissing an action without prejudice;
the errors imputed to the lower court, a copy of which shall be
furnished by him to the adverse party. Failure of the appellant à In all these cases, aggrieved party may file an appropriate civil action
to file a memorandum shall be a ground for dismissal of the under Rule 65.
appeal;
1. Ordinary appeal from RTC (in the exercise of original
2. Within 15 days from receipt of the appellant’s memorandum,
jurisdiction) to CA is by filing notice of appeal with the RTC
the appellee may file his memorandum.
within 15 days from notice of its judgment.  Record on appeal
WHEN CASE IS CONSIDERED SUBMITTED FOR DECISION:
required only for special proceedings and where multiple
Upon the filing of the memorandum of the appellee, or the
appeals allowed filed within 30 days.
expiration of the period to do so, the case shall be considered
2. Motion for extension of time to file a motion for new trial or
submitted for decision. The RTC shall decide the case on the basis of
reconsideration is prohibited.
the entire record of the proceedings had in the court of origin and such
3. Contents of Notice on appeal:
memoranda as are filed.
1. Names of the parties to the appeal;
2. Specify judgment or final order or part thereof appealed from;
3. Court to which the appeal is being taken;
RULE 41  APPEAL FROM THE RTC
4. Material dates showing timeliness of appeal;
1. Appeal may be taken from a judgment or final order that
completely disposes of the case or of a particular matter therein. 6.  Contents of Record on appeal:
2. No appeal may be taken from:
1. Order denying a motion for new trial or recon; 1. Full names of all parties to the proceedings shall be stated in
2. Order denying a petition for relief or any similar motion the caption;
seeking relief from judgment; 2. Include judgment or final order from which appeal taken;
3. Interlocutory order; 3. In chronological order, copies of only such pleadings, petitions,
4. Order disallowing or dismissing an appeal; etc. and all interlocutory orders as are related to the appealed
judgment;

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 4. Data showing that appeal perfected in time – material data rule; Exceptions:        a.            Decisions of quasi-judicial body appealed to
5. If an issue of fact is to be raised, include by reference all the the CA
evidence, oral or documentary, taken upon the issues involved.
b.   Executions pending appeal
7.  Appeal from decision of RTC in appellate jurisdiction is by petition
for review filed with CA. c.   Cases covered by Summary Procedure

8.  Where only questions of law are raised, by petition for review on RULE 42  PETITION FOR REVIEW FROM THE RTC TO THE
certiorari with SC. CA
1. 1.    Form and contents of petition for review (from RTC to
CA)

In 7 legible copies:

9.  Notice of Appeal and Record of Appeal distinguished: 1. Full names of parties to case, without impleading the lower
courts or judges thereof;
Notice of Appeal Record of Appeal 2. Indicate specific material dates showing it was filed on time;
3. Concise statement of matters involved, issues raised,
Party’s appeal by notice of Deemed perfected as to appellant specification of errors of fact or law, or both allegedly
appeal deemed perfected as to with respect to the subject matter committed by the RTC, and the reasons or arguments relied
him upon the filing of the notice upon the approval of the record upon for the allowance of the appeal;
of appeal in due time on appeal filed in due time 4. Accompanied by clearly legible duplicate originals or true
copies of the judgments or final order of both MTC and RTC;
Court loses jurisdiction only over 5. Certification under oath of non-forum shopping.
subject matter upon approval of 1. 2.    Contents of comment
records on appeal filed in due
time and expiration of the time to In 7 legible copies, accompanied by certified true copies of material
Court loses jurisdiction over case appeal of other parties. portions of record and other supporting papers:
upon perfection of the appeals
filed in due time and expiration   1. State whether or not appellee accepts the statement of matters
of time to appeal of other parties involved in the petition;
2. Point out such insufficiencies or inaccuracies as he believes
10. Failure to pay appellate docket fees within the reglamentary period exists in petitioner’s statement of matters;
is ground for dismissal of appeal. 3. State reasons why petition should not be give due course.

11. General Rule: An ordinary appeal stays the execution of a 3.  CA may:
judgment
1. Require respondent to file a comment; or
2. Dismiss the petition if it finds:

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 1. Patently without merit à  Fabian vs. Desierto – Appeals from decisions of the Office of the
2. Prosecuted manifestly for delay Ombudsman in administrative disciplinary cases should be taken to the
3. Questions raised are to insubstantial to require consideration CA under Rule 43.
Æ   According to A.M. no. 99-2-02-SC (promulgated February 9,
RULE 43  APPEALS FROM THE CTA AND QUASI-JUDICIAL 1999), any appeal by way of petition for review from a decision, final
AGENCIES TO THE CA resolution or order of the Ombudsman, or special civil action relative
to such decision, filed with the SC after March 15, 1999 shall no
1. 1.    Appeals from judgments and final orders of the Court of longer be referred to the CA, but shall be dismissed.
Tax Appeals and quasi-judicial agencies in exercise of quasi-
judicial functions (unless otherwise provided by law and the RULE 45  APPEAL BY CERTIORARI TO THE SUPREME
Labor Code [NLRC decisions]) shall be by petition for review to COURT
the CA, to be taken within 15 days from notice of award or
judgment or from notice of the denial of the motion for 1.  Question of Law –  exists when doubt or difference arises as to
reconsideration. Only 1 Motion for reconsideration allowed what the law is, based on a certain state of facts
2. 2.    Quasi-judicial agencies covered:
1. Civil Service Commission; Question of Fact  – exists when doubt or difference arises as to the
2. Central Board of Assessment Appeals; truth or the falsehood of alleged facts
3. Securities and Exchange Commission;
4. Office of the President; 2.  Findings of fact of the CA may be reviewed by the SC on appeal by
5. Land Registration Authority; certiorari when:
6. Social Security Commission;
1. The conclusion is a finding grounded entirely on speculations,
7. Civil Aeronautics Board;
surmises, or conjectures;
8. Bureau of Patents, Trademarks and Technology Transfer;
2. The inference made is manifestly mistaken, absurd, or
9. National Electrification Administration;
impossible;
10. Energy Regulatory Board;
3. There is grave abuse of discretion;
11. National Telecommunications Commission;
4. The judgment is based on misapprehension of facts;
12. Department of Agrarian Reform under RA No. 6657;
5. Findings of fact of trial court and CA are conflicting;
13. GSIS;
6. The CA, in making its findings, went beyond the issues of the
14. Employees Compensation Commission;
case and the same is contrary to the admissions made;
15. Agricultural Inventions Board;
7. CA manifestly overlooked certain relevant facts not disputed
16. Insurance Commission;
by the parties and which, if properly considered, would justify a
17. Construction Industry Arbitration Commission;
different conclusion.
18. Voluntary arbitrators
à St. Martin’s Funeral Home vs. NLRC – DECISIONS OF THE 3.  Certiorari as mode of appeal:
NLRC – ORIGINAL ACTION FOR CERTIORARI UNDER RULE
65 FILED WITH THE CA, NOT SC    From judgment or final order of the CA, Sandiganbayan, RTC on pure
questions of law, or other courts whenever authorized by law, by filing

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a petition for review on certiorari with the SC within 15 days from 2. Lack of jurisdiction – must be filed before action barred by
notice of judgment. laches.

4.  Rule 45 and Rule 65 distinguished: 4.  Effects of judgment of annulment – gives the CA authority to order
the trial court on motion to try the case if the ground for annulment is
Rule 45 Rule 65 extrinsic fraud, but not if it is lack of jurisdiction.

Motion for Recon generally à Prescriptive period for refiling the original action is suspended unless
No need for Motion for Recon required the extrinsic fraud is attributable to the plaintiff in the original action.

Applies to interlocutory orders RULE 50  DISMISSAL OF APPEAL

rendered in excess/lack of
Relates to final judgments jurisdiction 1. Grounds for dismissal of appeal by the CA:
1. Failure of the record on appeal to show on its face that the
An appeal Not an appeal in the strict sense appeal was taken within the reglamentary period;
2. Failure to file the notice of appeal or record on appeal within
15 days from notice of judgment 60 days from notice of judgment the period;
à Kho vs. Camacho:  An RTC judge has no right to disapprove a notice 3. Failure of the appellant to pay the docket and other lawful fees;
of appeal on the ground that the issues raised involve a pure question 4. Unauthorized alterations, omissions, or additions in the
of law, and that the mode of appeal is erroneous.  That is the approved record on appeal;
prerogative of the CA, not the RTC judge.  A notice of appeal need not 5. Failure of the appellant to serve and file the required number of
be approved by the judge, unlike a record on appeal. copies of his brief or memorandum within the time provided;
6. Absence of specific assignment of errors in appellants brief or
RULE 47  ANNULMENT OF JUDGMENTS OR FINAL page references to the record;
ORDERS AND RESOLUTIONS 7. Failure of the appellant to take necessary steps for the
completion or correction of the record within the time limited by
1. Grounds for annulment of judgment of RTC in civil cases: the order;
1. Petition for annulment available only if ordinary 8. Failure of appellant to appear at the preliminary conference or
remedies of new trial, appeal, petition for relief or other to comply with orders, circulars, or directives of the court
appropriate remedies no longer available through no fault without justifiable cause
of the Petitioner. 9. Judgment or order appealed from is not appealable.
1. Extrinsic fraud – not available as a ground if availed of earlier
in a motion for new trial or petition for relief
2. Lack of jurisdiction. RULE 51  JUDGMENT

3.  Periods: 1. Memorandum decisions are permitted in the CA.

2. After judgment or final resolution of the CA and dissenting or
1. For extrinsic fraud – four years from discovery; separate opinions if any, are signed by the Justices taking part,

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 they shall be delivered for filing to the clerk who shall indicate occurrence which gave rise to the more serious offense for which the
thereon the date of promulgation and cause true copies to be penalty of death or life imprisonment is imposed (Section 3, Rule 122)
served upon parties or counsel. 1. Appeal by certiorari from RTC to SC submitting issues of fact
3. Date when judgment or final resolution becomes executory may be referred to the CA for decision or appropriate action,
shall be deemed as date of entry. without prejudice to considerations on whether or not to give
due course to the appeal as provided in Rule 45.
RULE 56  PROCEDURE IN THE SUPREME COURT
IMPORTANT MATTERS RULE 57 - 61
Original cases cognizable – exclusive list:
1. Petitions for certiorari, prohibition, mandamus, quo warranto, PROVISIONAL REMEDIES
habeas corpus;
2. Disciplinary proceedings against judges and attorneys; Provisional remedies (ancillary/auxiliary)
3. Cases affecting ambassadors, other public ministers, and
à  Writs and processes available during the pendency of the action
consuls.
which may be resorted to by a litigant to preserve and protect rights
2.   An appeal to SC can only be taken by petition for review on
and interests therein pending rendition, and for the purpose of
certiorari, except in criminal cases where the penalty imposed is
ultimately affecting a final judgment in the case.
death, reclusion perpetua, or life imprisonment.
à PROVISIONAL – constituting temporary measures availed of during
3.   Grounds for dismissal of appeal by SC
the pendency of the action.
1. Failure to take appeal within the reglementary period;
à ANCILLIARY – incidents in and dependent on the result of the main
2. Lack of merit in the petition;
action.
3. Failure to pay the requisite docket fee and other lawful fees or
to make deposit for costs; RULE 57  PRELIMINARY ATTACHMENT
4. Failure to comply with the requirements regarding proof of
service and contents of and the documents which should Preliminary Attachment
accompany the petition; 1. Available even if the recovery of personal property is only an
5. Failure to comply with any circular, directive or order of the incidental relief sought in the action;
SC without justifiable cause; 2. May be resorted to even if the personal property is in the
6. Error in choice or mode of appeal custody of a third person;
7. Case is not appealable to the SC. 3. Extends to all kinds of property, real or personal or incorporeal;
1. Discretionary upon SC (and CA) to call for preliminary 4. To recover possession of personal property unjustly detained,
conference similar to pre-trial. presupposes that the same is being concealed, removed, or
2. General Rule: Appeal to SC by notice of appeal shall be disposed of to prevent its being found or taken by the applicant;
dismissed. 5. Can still be resorted to even if the property is in custodia legis,
Exception: In criminal cases where the penalty imposed is life as long as the property belongs to the defendant, or is one in
imprisonment, or when a lesser penalty is imposed but involving which he has proprietary interests, AND with permission of the
offenses committed on the same occasion or arising out of the same court

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2.   Grounds à  CASH DEPOSIT OR COUNTERBOND SHALL SECURE THE
PAYMENT OF ANY JUDGMENT THAT ATTACHING PARTY
1. Recovery of specified amount of money and MAY RECOVER
damages, except moral or exemplary, where party is about to
depart from the Phils with intent to defraud creditors; 1.         b.    Applicant’s bond is insufficient or sureties fail to
2. Action for money or property embezzled or for willful justify;
violation of duty by public officers, officers of corporation, 2.         c.    Attachment was improperly or irregularly issued;
agent, or fiduciary; 3.         d.    Property attached is exempt from execution;
3. Recovery of possession of property (both real and personal) 4.         e.    Judgment is rendered against attaching party;
unjustly detained, when the property is concealed or disposed of 5.          f.    Attachment is excessive – discharge is with respect to
to prevent is being found or taken; the excess
4. Action against party guilty of fraud in contracting the debt or
incurring the obligation or in the performance thereof; 5.   Application for discharge may only be filed with the court where
5. Action against party who is concealing or disposing of the action is pending and may be filed even before enforcement of the
property, or is about to do so, with intent to defraud creditors; writ so long as there has been an order of attachment.
6. Action against party who is not a resident of the Phils and
cannot be found therein or upon who service by publication can 6.  When to apply for damages against the attachment bond
be made.
1. Before trial;
3.   PRINCIPLE OF PRIOR OR CONTEMPORARY 2. Before appeal perfected;
JURISDICTION: 3. Before judgment becomes executory;
4. In the appellate court for damages pending appeal, before
Enforcement of writ of preliminary attachment must be preceded by or judgment becomes executory.
simultaneously accompanied by service of summons, copy of 1. 7.    When judgment becomes executory, sureties on
complaint, application and affidavits for the attachment and the bond counterbond to lift attachment are charged and can be held liable
upon the adverse party; BUT the requirement of prior or for the amount of judgment and costs upon notice and summary
contemporaneous service of summons shall not apply where the hearing.  There is no need to first execute judgment against the
summons could not be served despite diligent efforts, or the defendant judgment obligor before proceeding against sureties.
is a resident of the Phils temporarily absent therefrom, or the defendant 2. 8.    Claims for damages cannot be subject of independent
is a non-resident of the Phils or the action is in rem or quasi in rem. action except:
1. 4.    When preliminary attachment is discharged 1.         a.    When principal case is dismissed by the trial
1.         a.    Debtor posts a counterbond or makes requisite court for lack of jurisdiction without giving the claiming
cash deposit- if attachment to be discharged is with party opportunity to prove claim for damages;
respect to particular property, counterbond or deposit shall 2.         b.    When damages sustained by a third person not
be equal to the value of the property as determined by the a party to the action.
court; in all other cases, amount of counterbond should be RULE 58  PRELIMINARY INJUNCTION
equal to the amount fixed in the order of attachment.
1. 1.    Preliminary injunction distinguished from Prohibition

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 5.  PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION:
Preliminary Injunction Prohibition
à  When an application for a writ of preliminary injunction or a
Generally directed against party Directed against a court, tribunal, temporary restraining order is included in a complaint or any initiatory
to the action but may be against or person exercising judicial pleading, the case, if filed in a multiple-sala court, shall be raffled only
any person powers after NOTICE to and IN THE PRESENCE of the adverse party or the
person to be enjoined.  In any event, such notice shall be preceded, or
May be on the ground that the contemporaneously accompanied by service of summons, together
court against whom the writ is with a copy of the complaint and the applicant’s affidavit and bond,
Does NOT involve the sought acted without or in excess upon the adverse party in the Phils; BUT the requirement of prior or
jurisdiction of the court of jurisdiction; contemporaneous service of summons shall NOT apply where the
summons could not be served despite diligent efforts, or the defendant
Always a main action
May be main action itself or just is a resident of the Phils temporarily absent therefrom, or the defendant
a provisional remedy in the main   is a non-resident of the Phils
action
à  Difference with principle in preliminary attachment – In attachment,
the principle applies only in the implementation of the writ, while in
2.  Grounds for Preliminary Injunction applications for injunction or TRO, this principle applies before the
raffle and issuance of the writs or TRO.
1. Plaintiff is entitled to relief sought which consists in restraining
or requiring the performance of acts (latter is preliminary 6.  TRO good for only 20 days from service; 60 days for CA; until
mandatory injunction); further orders from SC.
2. The commission of acts or non-performance during pendency
of litigation would probably work injustice to the plaintiff; 7.  TRO can be issued ex parte only if matter of grave urgency and
3. Defendant is doing or about to do an act violating plaintiff’s plaintiff will suffer grave injustice and irreparable injury.  Good for 72
rights respecting the subject of the action and tending to render hours from issuance, within which judge must comply with service of
judgment ineffectual. summons, complaint, affidavit and bond, and hold summary hearing to
determine whether TRO should be extended for 20 days.  In no case
3.   Injunction may be refused or dissolved when: can TRO be longer than 20 days including 72 hours.
8.   No TRO, preliminary injunction or preliminary mandatory
1. Complaint is insufficient; injunction may issue against the government in cases involving
2. Defendant is permitted to post a counterbond it appearing that implementation of government infrastructure projects. (Garcia vs.
he would sustain great and irreparable injury if injunction Burgos, reiterated in Administrative Circular no. 7-
granted or continued while plaintiff can be fully compensated; 99, promulgated June 25,1999)
3. Plaintiff’s bond is insufficient or defective
RULE 59  RECEIVERSHIP
4.  No Preliminary Injunction or TRO may be issued without posting
of bond and notice to adverse party and hearing.
1. When receiver may be appointed:

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 2. When receivership may be denied/lifted 2. Can be sought only where the defendant is in the actual or
1. Party has an interest in the property or fund subject of the constructive possession of the personal property involved.
action and such is in danger of being lost, removed, or materially 3. Extends only to personal property capable of manual delivery;
injured; 4. Available to recover personal property even if the same is NOT
2. Action by mortgagee for foreclosure of mortgage when the being concealed, removed, or disposed of;
property is in danger of being wasted or materially injured and 5. Cannot be availed of if property is in custodia legis, as where is
that its value is probably insufficient to discharge the mortgage it under attachment, or was seized under a search warrant or
debt, OR that the parties have stipulated in the contract of distrained for tax assessment.
mortgage; 1. He seasonably posts redelivery bond
3. After judgment, to preserve the property during the pendency 2. Plaintiff’s bond is insufficient or defective
of the appeal, or to dispose of it, or to aid in execution when 3. Property is not delivered to plaintiff for any reason.
execution has been returned unsatisfied or the judgment debtor
refuses to apply his property to satisfy judgment, or to carry out à Replevin bond is only intended to indemnify defendant against any
the judgment. loss that he may suffer by being compelled to surrender the possession
4. When appointing one is the most convenient and feasible of the disputed property pending trial of the action.  Thus, surety not
means to preserve, administer, or dispose of the property in liable for payment of judgment for damages rendered against plaintiff
litigation. on a counterclaim for punitive damages for fraudulent or wrongful acts
1. Appointment sought is without sufficient cause; committed by the plaintiffs which are unconnected with the
2. Adverse party files sufficient bond for damages; defendant’s deprivation of possession by the plaintiff.
3. Applicant or receiver’s bond is insufficient.
RULE 61 – SUPPORT PENDENTELITE
3.   Both the applicant for the receivership and the receiver appointed It is an amount of support provisionally fixed by the court in
must file separate bonds. favor of the person or persons entitled thereto during the pendency of
an action for support. In its frequent application, the main action is
4.   In claims against the bond, it shall be filed, ascertained and granted usually for support and support pendent lite is the provisional remedy.
under the same procedure as Section 20, Rule 57, whether is be APPLICATION: WHEN: At the commencement
damages against the applicant’s bond for the unlawful appointment of of proper action, or at ANY
the receiver or for enforcing the liability of the sureties of the TIME prior to the judgment or
receiver’s bond by reason of the receiver’s management (in the latter final order
case, no longer need to file a separate action). WHO:ANY PARTY
PERIOD TO COMMENT 5 days unless a different period is
  fixed by court; after receipt or
service to the adverse party
RULE 60  REPLEVIN HEARING 3 days after filing of the
1. 1.    Replevin comment, or after the expiration
2. 2.    Defendant entitled to return of property taken under writ if: of the period for filing;
1. Available only where the principal relief sought in the action is ORDER IF GRANTED: court shall fix
the recovery of possession of personal property; the amount of money to be

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 provisionally paid;
IF DENIED: principal case shall SPECIAL CIVIL ACTIONS
be tried and decided as early as
possible RULE 62 – INTERPLEADER
NON-COMPLIANCE OF The court shall, motu propio or It is a special civil remedy whereby a party who has property in
ADVERSE PARTY upon motion issue an order of his possession but who claims no interest in the subject, or whose
execution against him, without interest, in whole or in part, is not disputed by others, goes to court and
prejudice to his liability for asks that conflicting claimants to the property or obligation be required
contempt to litigate among themselves in order to determine finally who is
SUPPORT IN CRIMINAL In criminal actions where the entitled to the same.
CASES civil liability includes support for
the offspring as a consequence of NOTE: The remedy is afforded not to protect a person against double
the crime and the civil aspect liability but to protect him against double vexation in respect of one
thereof has not been waived, liability.
reserved and instituted prior to its
filing, the accused may be ***yung nagpopossess, hindi rin sya may-ari. Aminado naman sya,
ordered to provide support pero meron 2 claimaint over the property. He will ask them to go to
pendente lite to the child born to court and litigate among themselves.
the offended party allegedly
because of the crime. The PROCEDURE:
application therefor may be filed 1. Upon the filing of the complaint, the court shall issue an order
successively by the offended requiring the conflicting claimants to interplead with one
party, her parents, grandparents another. If the interests of justice so require, the court may
or guardian and the State in the direct in such order that the subject matter be paid or delivered
corresponding criminal case to the court;
during its pendency, in 2. Summons shall be served upon the conflicting claimants,
accordance with the procedure together with a copy of the complaint and order;
established under this Rule 3. Within the time for filing an answer, each claimant may file a
RESTITUTION The court may order the return of motion to dismiss on the ground of impropriety of the
the amounts already paid with interpleader action or on other appropriate grounds specified in
legal interest from the date of Rule 16. The period to file the answer shall be tolled and if the
actual payment, if court finds the motion is denied, the movant may file his answer within the
person who has been providing remaining period, but which shall not be less than five (5) days
support pendent lite is not liable in any event, reckoned from notice of denial;
therefor; 4. Each claimant shall file his answer setting forth his claim
within fifteen (15) days from service of the summons upon
him, serving a copy thereof upon each of the other conflicting
IMPORTANT MATTERS ON RULE 62 TO 71 claimants who may file their reply thereto as provided by these

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 Rules. If any claimant fails to plead within the time herein ***Court, motu propio or upon motion, may refuse to exercise the
fixed, THE COURT may, on motion, declare him in default power to declare rights and to construe instruments;
and thereafter render judgment barring him from any ***If before the final termination of the case, a breach or violation of
claim in respect to the subject matter; an instrument or a statute, executive order or regulation, ordinance, or
any other governmental regulation should take place, the action may
RULE 63 – DECLARATORY RELIEF thereupon be converted into an ordinary action, and the parties shall be
It is a special civil action brought by a person interested under allowed to file such pleadings as may be necessary or proper.
a deed, will, contract or other written instrument or whose rights are
affected by a statute, executive order or regulation, ordinance, or any RULE 64: REVIEW OF JUDGMENTS AND FINAL ORDERS
other governmental regulation before breach or violation thereof, OR RESOLUTIONS OF THE COMELEC AND COA
asking the court to determine any question of construction or validity
arising, and for a declaration of his rights or duties thereunder (Sec. 1, *** This Rule shall govern the review of judgments and final orders or
Rule 63). resolutions of the Commission on Elections and the Commission on
NOTE: Declaratory judgments are to be distinguished from those Audit;
which are advisory in character, since they are res judicata and *** The petition shall be filed within thirty (30) days from notice of
binding upon the parties and those in privity with them, and from the judgment or final order or resolution sought to be reviewed. The
decisions of abstract or moot questions since they must involve a real filing of a motion for new trial or reconsideration of said judgment or
controversy (16 Am. Jur. Declaratory Judgments). final order or resolution, if allowed under the procedural rules of the
The ENUMERATION OF SUBJECT MATTER IS Commission concerned, shall interrupt the period herein fixed. If the
EXCLUSIVE, subject to clear and unambiguous contract or statute motion is denied, the aggrieved party may file the petition within the
(Riano, 2012). remaining period, but which shall not be less than five (5) days in any
event, reckoned from notice of denial;
***you just want some clarification over some statute, contracts,
title, regulation;
***there is no breach or violation yet;

WHO MAY FILE (SECTION 2) - All persons who have or claim

any interest which would be affected by the declaration shall be made
parties; and no declaration shall, except as otherwise provided in these
Rules, prejudice the rights of persons not parties to the action. RULE 65: CERTIORARI, PROHIBITION AND MANDAMUS

***If about the VALIDITY OF A LAW – Solicitor General MUST be CERTIORARI PROHIBITION MANDAMUS
notified; DEFINITION Certiorari is an Prohibition is an Mandamus is
***If VALIDITY OF ORDINANCES – Prosecutor or attoney of the extraordinary extraordinary an
LGC involved MUST be notified; writ annulling writ extraordinary
***IF UNCONSTITUTIONALITY OF ORDINANCE – Solicitor or modifying commanding a writ
General MUST be notified; the proceedings tribunal, commanding a
of a tribunal, corporation, tribunal,

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 board or officer board or person, corporation, function. ministerial function.
exercising whether board or function.
judicial or exercising person, to do GROUND Entity or person Entity or person Entity or
quasi-judicial judicial, quasi- an act required is alleged to is alleged to person is
functions when judicial or to be done: have acted have acted: alleged to have
such tribunal, ministerial a. When he without without unlawfully
board or officer functions, to unlawfully jurisdiction; in jurisdiction; in neglected a
has acted desist from neglects the excess of excess of ministerial
without or in further performance of jurisdiction; or jurisdiction; or duty; or
excess of its or proceedings an act which with grave with grave abuse excluded
his jurisdiction, when said the law abuse of of discretion another from a
or with grave proceedings are specifically discretion right or office.
abuse of without or in enjoins as a PURPOSE Purpose is to Purpose is to Purpose is for
discretion excess of its duty, and there annul or nullify have respondent respondent to:
amounting to jurisdiction, or is no other a proceeding. desist from 1. Do the act
lack or excess with abuse of its plain, speedy further required; and
of jurisdiction, discretion, there and adequate proceeding 2. To pay
there being no being no appeal remedy in the damage.
appeal or any or any other ordinary NATURE This remedy is This remedy is This remedy is
other plain, plain, speedy course of law; corrective – to preventive and affirmative or
speedy and and adequate or correct negative – to positive (if the
adequate remedy in the b. When one usurpation of restrain or performance of
remedy in the ordinary course unlawfully jurisdiction prevent a duty is
ordinary course of law (Sec. 2, excludes (Se.c 1, Rule usurpation of ordered) or it is
of law (Sec. 1, Rule 65). another from 65). jurisdiction (Sec. negative (if a
Rule 65). the use and 2, Rule 65). person is
enjoyment of a ordered to
right or office desist from
to which the excluding
other is entitled another from a
(Sec. 3, Rule right or office)
65). (Sec. 3, Rule
AGAINST Directed Directed against Directed 65).
WHOM against an an entity or against an SCOPE Extends to Discretionary Ministrerial
entity or person person entity or discretionary and Ministerial Acts Only
exercising exercising person acts. Acts;
judicial or judicial, quasi- exercising
quasi-judicial judicial or ministerial

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***Petitoin for Certiorari, Prohibition may be filed with the RTC (c) An association which acts as a corporation within the Philippines
exercising jurisdiction over the territorial area; without being legally incorporated or without lawful authority so to
***CA and Sandiganbayan may also accept such petition; act.
***The petition must be filed with the certified true copy of the
judgment, resolution or order; ***When directed by the President of the Philippines, or when upon
complaint or otherwise he has good reason to believe that any case
Instances when the petitions for certiorari, mandamus and specified in the Rules can be established by proof, the Solicitor general
prohibition are NOT available or the public prosecutor must commence the action (Sec. 2, Rule 66).
1. Rule on Summary Procedure as to interlocutory order issued by the
lower court (Sec. 19(g), Rules on Summary Procedure); WHEN AN INDIVIDUAL MAY COMMENCE AN ACTION: A
2. Writ of Amparo against any interlocutory order (Sec. 11(l), Rule on person claiming to be entitled to a public office or position usurped or
Writ of Amparo); unlawfully held or exercised by another may bring an action therefor
3. Petition for writ of Habeas data against any interlocutory order (Sec. in his own name.
13(l), A.M. No. 08-1-16);
4. Small claims cases against interlocutory order issued by the lower However, not any person may file the petition. The person authorized
court (Sec. 14(g) of A.M. No. 08-8-7-SC). to file the same is the one who claims to be entitled to a public office
or position which was usurped or unlawfully held or exercised by
RULE 66 – QUO WARRANTO another person (Sec. 6, Rule 66)
It is a proceeding or writ issued by the court to determine the
right to use an office, position or franchise and to oust the person RULE 67 – EXPROPRIATION
holding or exercising such office, position or franchise if his right is It is the right of the State to acquire private property for public
unfounded or if a person performed acts considered as grounds for use upon the payment of just compensation.
forfeiture of said exercise of position, office or franchise. It literally
means “by what authority.” NOTE: The scope of the power of eminent domain as exercised by the
Congress is plenary and is as broad as the police power. Such power
NOTE: It is commenced by a verified petition brought in the name of however, may also be delegated to local political subdivisions and
the Republic of the Philippines or in the name of the person claiming public utilities (Riano, 2012).
to be entitled to a public office or position usurped or unlawfully held
or exercised by another (Sec. 1, Rule 66). Expropriation
TO WHOM IT IS BROUGHT AGAINST: It is the procedure for enforcing the right of eminent domain.
NOTE: Expropriation is proper only when:
(a) A person who usurps, intrudes into, or unlawfully holds or 1. The owner refuses to sell; or
exercises a public office, position or franchise; 2. If the latter agrees, agreement as to the price cannot be reached.
.
(b) A public officer who does or suffers an act which, by the provision RULE 68: FORECLOSURE ON REAL ESTATE MORTGAGE
of law, constitutes a ground for the forfeiture of his office; or
RULE 69: PARTITION

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RULE 70: FORCIBLE ENTRY AND UNLAWFUL DETAINER -appealable to RTC

WHO MAY INSTITUTE PROCEEDINGS: RULE 71: CONTEMPT

A person deprived of the possession of any land or building by KINDS: DIRECT/INDIRECT
force, intimidation, threat, strategy, or stealth, or a lessor, vendor,
vendee, or other person against whom the possession of any land or DIRECT: A person guilty of misbehavior in the presence of or so near
building is unlawfully withheld after the expiration or termination of a court as to obstruct or interrupt the proceedings before the same,
the right to hold possession, by virtue of any contract, express or including disrespect toward the court, offensive personalities toward
implied, or the legal representatives or assigns of any such lessor, others, or refusal to be sworn or to answer as a witness, or to subscribe
vendor, vendee, or other person. an affidavit or deposition when lawfully required to do so;
PUNISHMENT: may be summarily adjudged in contempt by
WHEN TO INSTITUTE PROCEEDINGS: such court and punished by a fine not exceeding two thousand pesos or
Any time within one (1) year after such unlawful deprivation or imprisonment not exceeding ten (10) days, or both, if it be a Regional
withholding of possession; Trial Court or a court of equivalent or higher rank, or by a fine not
exceeding two hundred pesos or imprisonment not exceeding one (1)
WHERE TO INSTITUTE PROCEEDINGS: day, or both, if it be a lower court.
Municipal Trial Court against the person or persons unlawfully
withholding or depriving of possession, or any person or persons REMEDY: CERTIORARI/PROHIBITION
claiming under them, for the restitution of such possession, together
with damages and costs. INDIRECT: Committed by a person who does the following acts:
2. Disobedience or resistance to a lawful writ, process, order or
REMEDY AFTER 1 YEAR: ACCION PUBLICIANA; judgment of a court;
OR ACCION REINVINDICATORIA (action for acquisition of 3. Any abuse of or any unlawful interference with the processes or
ownership) proceedings of a court not constituting direct contempt; and
***this action may be invoked at the same time; 4. Any improper conduct tending, directly or indirectly, to impede,
obstruct or degrade the administration of justice
***SUMMARY PROCEDURE is applicable to FORCIBE ENTRY
and UNLAWFUL DETAINER; ***committed in the presence of the court;
***COMPLAINTS ARE THE ONLY PLEADINGS ALLOWED; ***there is a hearing;
***COURT, MAY, from an examination of the allegations, dismiss
the case outright on any of the grounds for dismissal of a civil action.

***MOTU PROPIO or MOTION OF THE PLAINTIFF, there could

be judgment, if defendant fails to file his answer;
***PRELIMINARY CONFERENCE – 30 days from the last filing of
the answer is filed.
***JUDGMENT is conclusive only on POSSESSION; NOT actions
involving TITLE or OWNERSHIP;

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