Preliminary Matters The law is invalid.

The legal fees are imposed by

the Rules of Court. By making the GSIS exempt
Remedial law vs. Substantive Law
from the legal fees imposed by the Rules of
Substantive law creates, defines, and regulate Court, the law, in effect, amends the Rules of
right concerning life, liberty, and property Court. This cannot be done without offending
(Primicias vs. Ocampo, 93 Phil. 446) while the Constitution. The power to promulgate
remedial law lays down the methods by which rules concerning pleading, practice and
those rights or obligations arising from procedure in all courts is a traditional power of
substantive law are protected, enforced and the Supreme Court. It is a power that is not
given effect (Bustos vs. Lucero, 81 Phil. 640). shared with Congress. The imposition of legal
fees is provided by the Rules of Court. The Rules
Rule Making Power of Supreme Court of Court was promulgated in the exercise of the
Section 5 paragraph (5), Article VIII. ( Code: 4P Court's rule-making power (Petition for
ALI) Subjects of the Rule-making power of SC: Recognition of the Exemption of GSIS for
Payment of Legal Fees, A.M. No. 08-2-01-0,
1. Protection and enforcement of the February 11, 2010)
constitutional rights
2. Pleading May Congress pass a law prohibiting courts
3. Practice from issuing injunctive relief just like Section 14
4. Procedure in all courts of RA 6770 or the Ombudsman Law which
5. Admission to practice of law provides that “no writ of injunction shall be
6. Integrated bar issued by any court to delay an investigation
7. Legal assistance to under privileged being conducted by the Ombudsman under this
Act, unless there is a prima facie evidence that
Please take NOTE: the subject matter of the investigation is
The rule making power of SC is exclusive. It is outside the jurisdiction of the Office of the
not shared with Congress, more so with the Ombudsman.”
executive (Echegaray vs. Secretary of Justice, That Congress has been vested with the
301 SCRA 96,112). authority to define, prescribe, and apportion
SC has the power to amend and suspend rules the jurisdiction of the various courts under
(Neypesvs. CA, 469 SCRA 633, 643-644). Section 2, Article VIII supra, as well as to create
statutory courts under Section 1, Article VIII
Estipona vs. Lobrigo, GR 226679, August 15, supra, does not result in an abnegation of the
2017– constitutionality of Section 23, RA 9165 Court's own power to promulgate rules of
on plea bargaining. (Plea Bargain is procedural, pleading, practice, and procedure under Section
Congress cannot encroach on the rule making 5 (5), Article VIII. When Congress creates a court
power of the Supreme Court). and delimits its jurisdiction, the procedure for
which its jurisdiction is exercised is fixed by the
Court through the rules it promulgates (Carpio-
The Congress passed a law making the Morales vs. CA, G.R. No. 217126, November 10,
Government Service Insurance System exempt 2015).
from legal fees imposed by the Rules of Court.
Limitations of the Rule Making Power
Is the law valid?
1. The rules shall provide a simplified and 3. When demanded by the broader interest of
inexpensive procedure for the speedy justice.
disposition of cases.
4. When the challenged orders were patent
nullities.

2. The rules shall be uniform for all courts of the 5. When analogous exceptional and compelling
same grade; circumstances called for and justified the
immediate and direct handling by the Court.
3. The rules shall not diminish, increase, or
modify substantive rights 6. When there are genuine issues of
constitutionality that must be addressed at the
4. (Section 5(5), Article VIII)
most immediate time.

Doctrine of Hierarchy of Courts

Doctrine of Non-Interference
Under the doctrine of hierarchy of courts,
The doctrine of non-interference holds that the
where courts have concurrent jurisdiction over
courts of equal and coordinate jurisdiction
the subject matter, such concurrence of
cannot interfere with each other’s order (Lapu-
jurisdiction does not grant the party seeking
Lapu Development and Housing Corp. vs. Group
relief the absolute freedom to file the case in
Management Corp., 388 SCRA 493, 508).
court of his choice. Pursuant to the doctrine,
the case must be filed first to the lowest court Thus, RTC has no power or authority to nullify
possible, having appropriate jurisdiction. or enjoin the enforcement of a writ of
possession issued by another RTC (Suico
The doctrine of the hierarchy of courts guides
Industrial Corporation vs. CA, 301 SCRA 212,
litigants on the proper forum of their appeals as
213).
well as the venue for the issuance of
extraordinary writs. As to the latter, even if the A court cannot interfere with the judgment,
RTC, the CA, and the Court have concurrent order, or resolution of another court exercising
original jurisdiction over petitions for certiorari, concurrent or coordinate jurisdiction. The
prohibition, mandamus, quo warranto, and doctrine finds basis on the concept of
habeas corpus, litigants must, as a rule, file their jurisdiction: "a court that acquires jurisdiction
petitions, with the court below and failure to do over the case and renders judgment therein has
so will be sufficient for the dismissal of the case jurisdiction over its judgment, to the exclusion
(Malingin vs. Sandagan, G.R. No. 240056, of all other coordinate courts, for its execution
October 12, 2020). and over all its incidents, and to control, in
furtherance of justice, the conduct of ministerial
officers acting in connection with this judgment.
Exceptions to the Doctrine (BSP vs. Banco Filipino, G.R. No. 196580, June
10, 2020).
1. When there are special and important
reasons clearly stated in the petition.

2. When dictated by public welfare and Does the doctrine apply to administrative
advancement of public policy. bodies?
YES. When the law provides for an appeal from Appellate jurisdiction means the authority of a
the decision of an administrative body to the SC court higher in rank to re-examine the final
or CA, it means that such body is co-equal with order or judgment of a lower court which tried
the RTC in terms of rank and stature, and the case now elevated for judicial review. (LBP
logically beyond the control of the latter vs. Dalauta, G.R. No. 190004, August 8, 2017).
(Philippine Sinter Corp. vs. Cagayan Electric
Power and Light Co, 381 SCRA 582, 591)
General Jurisdiction vs. Special Jurisdiction

General jurisdiction means the power of the

Doctrine of Adherence to Jurisdiction
court or tribunal jurisdiction to hear, try and
It means that ones jurisdiction has attached, it decide all kinds of cases except those prohibited
cannot be ousted by subsequent happenings or by law.
events, although of a character which would
Special jurisdiction means the power of the
have prevented jurisdiction from attaching in
court to hear, try and decide certain type of
the first instance. The court, once jurisdiction
cases.
has been acquired, retains that jurisdiction until
it finally disposes of the case (Bantua vs.
Mercader, 350 SCRA 86; Padlan vs. Dinglasan,
694 SCRA 91, 98-99). Exclusive Jurisdiction vs. Concurrent
Jurisdiction

Exclusive jurisdiction means no other courts or

JURISDICTION and VENUE tribunal has the same jurisdiction over a
particular case.
Jurisdiction, It is the power and authority of the
court to hear, try, and decide the case Concurrent jurisdiction means equal jurisdiction
(Continental Micronesia, Inc., vs. Basco, GR Nos. to deal with the same subject matter (Begnaen
178382-83, September 23, 2015; Barangay vs. Spouses Caligtan, G.R. No. 189852, August
Mayamot vs. Antipolo City, GR No. 187349, 17, 2016).
August 17, 2016).

Jurisdiction of the court includes the authority

to execute its decision. It includes the power of Aspects of jurisdiction
the court to control the execution of its decision 1. Jurisdiction over the subject matter
(Echegaray vs. Secretary of Justice, 301 SCRA 2. Jurisdiction of the parties
96, 108). 3. Jurisdiction over the issues of the case
4. Jurisdiction over the res or thing
involved in litigation
Original Jurisdiction vs. Appellate Jurisdiction
A. Jurisdiction over the subject matter
Original jurisdiction means jurisdiction to take
cognizance of a cause at its inception, try it and Jurisdiction over the subject matter is referred
pass judgment upon the law and facts (Cubero to as the power of a particular court to hear the
v. Laguna West Multi-Purpose Cooperative, Inc., type of case that is then before it. The term also
G.R. No. 166833, November 30, 2006, 509 SCRA refers to the jurisdiction of the court over the
410, 416). class of cases to which a particular case belongs
(De Pedro vs. Romasan Development, GR No. -It cannot be conferred by acquiescence by the
194751, Nove,ber 26, 2014). court.

READ:

Effect of lack of jurisdiction over the subject Republic vs. Estipular, 336 SCRA 333, 340
matter
De Jesus vs. Garcia, 19 SCRAS 554, 558
-The Court may dismiss the case (Sec. 1, Rule 9;
Arranza vs. BF Homes, 336 SCRA 333, 340
Bureau of Customs vs. Devanadera, GR No.
193253, September 8, 2018).

-The judgment is void (Tagalog vs. Lim Vda de How is jurisdiction over the subject matter
Gonzalez, GR No. 201286, July 18, 2014). determined?
-If the jurisdictional defect is apparent on the It is determined by the allegations in the
face of the record, it may be subject to complaint, as well as by the character of the
collateral attack (Tagalog vs. Lim Vda de relief sought (Geronimo vs. Calderon, GR No.
Gonzalez, GR No. 201286, July 18, 2014). 201781, December 10, 2014; Cabling vs.
Dangcalan, GR No. 187696, June 15, 2016).
-The judgment is no judgment at all (Ga, Jr., vs.
Tubungan, 600 SCRA 736). This is regardless of whether or not the plaintiff
is entitled to recover all or some of the claims or
reliefs sought therein (Continental Micronesia,
How is jurisdiction over the subject matter Inc., vs. Basco, GR Nos. 178382-83, September
conferred? 23, 2015; Barangay Mayamot vs. Antipolo City,
GR No. 187349, August 17, 2016)
Jurisdiction over the subject matter is conferred
by law which may either be the Constitution or THUS:
a statute (City of Dumaguete vs. PPA, 659 SCRA
-Caption of the case is not controlling (Sps.
102,119). Only statute can confer jurisdiction
Erotica vs. Sps. Dumlao, GR no. 195477, January
(BF Homes, Inc., vs Meralco, 636 SCRA 495,
25, 2916).
510).
-Defenses and evidence do not determine
NOTE:
jurisdiction (Balibago Faith Baptis Church, Inc.,
If one wants to know the jurisdiction of the Faith in Christ Jesus Baptist church, GR No.
court, he must look into the law on jurisdiction 191527, August 22, 2016).
not the rules of court or any procedural rule.
-The amount awarded does determine
If jurisdiction over the subject matter is jurisdiction (Dionisio vs. Sison Puerto, 60 SCRA
conferred by law, then: 471, 477).

-It cannot be subject of agreement of the

parties.
What if the defendant in an ejectment case
-It cannot be acquired, waived, enlarged, or raise the issue of tenancy in his answer, should
diminished by any act or omission of the the court dismiss the case for lack of
parties. jurisdiction?
While the MTC does not lose its jurisdiction Sibonghanoy (Mangaliag vs. Catubig-Pastoral,
over an ejectment case by defendant’s alleging 474 SCRA 153, 162).
the existence of tenancy relationship, yet, if
after the hearing, tenancy had in fact been
shown, the court should dismiss the case for Velasquez, Jr., vs. Lisondra Land, G.R. No.
lack of jurisdiction (De la Cruz, vs. CA, 510 SCRA 231290, August 27, 2020
103, 116).
Perfecto and Lisondra Land, Inc., entered into
When may jurisdiction be challenged? joint venture agreement to develop a parcel of
land and convert it into a memorial park,
-In the motion to dismiss (Sec. 1[b], Rule 16,
Perfecto, being the owner and Linsondra Land,
RC).
the developer. Lisondra Land committed
-It may be raised at any stage of the proceeding, violations of the JA which prompted Perfecto to
even for the first time on appeal (Calimlim vs. file an action for damages before the RTC.
Ramirez, 118 SCRA 399; Pangilinan vs. CA, 321 Lisondra Land filed a MTD on the ground of lack
SCRA 51). of jurisdiction contending the it is the HLURB
which has jurisdiction. The RTC denied the MTD
but on petition for certiorari, the CA dismissed
The application of the doctrine of estoppel on the complaint for lack of jurisdiction.
objection to jurisdiction
Perfecto filed the complaint before the HLURB.
The doctrine of estoppel by laches was initially The arbiter ruled in favour of Perfecto. But on
emphasized in the doctrinal case of Tijam vs. appeal to HLURB board of commissioners, the
Sibonghanoy, 23 SCRA 29. Here, the SC barred a decision of the arbiter was dismissed for lack of
belated objection to jurisdiction because the jurisdiction. Perfecto move to reconsider and
party questioned the jurisdiction only when an the his Motion for Reconsideration was granted.
adverse decision is rendered and because the Lisondra Land appealed to OP claiming that the
party raised only the issue after 15 years. The HLURB has no jurisdiction, but the RTC. The OP
party participated in all stages of the denied the appeal. Lisondra Land filed a Petition
proceedings and sought affirmative relief from for Review before the CA. The CA reversed the
the court. decision of the OP and declared that HLURB has
no jurisdiction.
Please take note:

Estoppel by laches may only be invoked to bar

the defense of lack of jurisdiction if the factual Perfecto filed Petition for Review before the
milieu is analogous to Tijam vs. Sibonghanoy SC. Is there jurisdiction by estoppel?
(Sps. Erorita vs. Sps. Dumlao, GR 195477,
The Court cannot countenance Lisondra Land's
January 25, 2016).
act of adopting inconsistent postures — first, by
The contention that the defense of lack of attacking the jurisdiction of the trial court and,
jurisdiction may be waived by estoppel through subsequently, the authority of the HLURB.
the active participation in the trial is not the
Otherwise, the consequence is revolting as
general rule, but an exception, best
Lisondra Land would be allowed to make a
characterized by the circumstances in Tijam vs.
complete mockery of the judicial system. In
fact, Lisondra Land's conduct had resulted in
two conflicting appellate court decisions in CA- Is it proper for the sheriff to attach the
G.R. SP No. 72463 and CA-G.R. SP No. 131359 properties of the partner?
eroding the stability of our legal system and
NO. A partnership is a juridical entity that has a
jurisprudence.
distinct and separate personality from the
Also, we are mindful that Tijam presented an persons composing it. In relation to the rules of
extraordinary case because the party invoking civil procedure, it is elementary that a judgment
lack of jurisdiction did so only after years and at of a court is conclusive and binding only upon
a stage when the proceedings had already been the parties and their successors-in-interest after
elevated to the appellate court. This case is the commencement of the action in court.
likewise exceptional since many years had
A decision rendered on a complaint in a civil
lapsed from 2001 when Perfecto filed his
action or proceeding does not bind or prejudice
complaint in the RTC until 2016 when the Court
a person not impleaded therein, for no person
of Appeals dismissed the complaint before the
shall be adversely affected by the outcome of a
HLURB. Like in Tijam, it is now too late for
civil action or proceeding in which he is not a
Lisondra Land to raise the issue of lack of
party (Guy vs. Gacott, supra).
jurisdiction.

How is jurisdiction over the parties acquired?

B. Jurisdiction over the parties
Plaintiff
Jurisdiction over the parties refers to the power
of the court to make decisions that are binding 1. Filing of the complaint or petition
on persons (De Pedro vs. Romasan, GR No.
194751, November 26, 2014). Defendant

It is the legal power of the court to render a 1. Voluntary appearance and

personal judgment against the party to an submission to the authority of court
action or proceeding (Black’s Law Dictionary, - Seeking an affirmative relief
5th Ed., 767, cting Imperial vs. Hardy, La 302 Except: Motion to Dismiss due to Lack of
So.2d 5, 7, cited in Riano, Civil Procedure, 2016). Jurisdiction ( Abudandi Ad cautelam/ with
extreme/ abundant caution)

2. Service of summons
Illustration

Guy vs. Gacott, GR No. 206147, January 13,

2016. Plaintiff filed an action against a supposed When is there voluntary appearance?
corporation. Judgment was rendered in favour To constitute voluntary appearance, it must be
of the plaintiff and the judgment became final the kind that amount to voluntary submission
and executory. When the writ of execution was to the jurisdiction of the court. Submission to
about to be implemented, plaintiff found out the jurisdiction of the court takes the form of
that the defendant corporation is not really a appearance that seeks affirmative relief except
corporation but a partnership. The sheriff found when the relief sought is for the purpose of
properties owned by the partners and attached objecting to the jurisdiction of the court over
the same. the person of the defendant.
Thus, if he participates in the trial despite In an action in personam, jurisdiction over the
defective service of summons the same person of the defendant is necessary for the
amounts to voluntary appearance (De Pedro vs. court to validly try and decide the case (Asiavest
Romasan Development, GR 194751, November Limited vs. CA, 296 SCRA 539, 552).
26, 2014).
However, in an action in rem or quasi in rem,
summons must be served upon the defendant,
not for the purpose of vesting the court with
Please take note:
jurisdiction, but merely for satisfying due
Rule 14, Sec. 23. Voluntary appearance. — process requirements (Biaco vs. Philippine
Countryside Rural Bank, 515 SCRA 106).
The defendant's voluntary appearance in the
action shall be equivalent to service of
summons. The inclusion in a motion to dismiss
C. Jurisdiction over the issues
of other grounds aside from lack of jurisdiction
over the person of the defendant shall be Jurisdiction over the issues is the power of the
deemed a voluntary appearance. court to try and decide the issues raised in the
pleadings of the parties (Reyes vs. Diaz, 73
Phil.484).
When is jurisdiction over the person of the
An issue is a disputed point or question to
defendant required?
which parties to an action have narrowed down
Jurisdiction over the person of the defendant is their several allegations and upon which they
required in an action in personam. are desirous of obtaining a decision (Black’s Law
Dictionary).
However, jurisdiction over the person of the
defendant is not required in an action in rem or Where there is no disputed point, there is no
quasi in rem. issue of fact.

Action in personam, in rem & quasi in rem How is jurisdiction over the issues conferred
and determined?
An action in personam is an action against a
person in the basis of his personal liability. Jurisdiction over the issue is conferred and
determined by the allegations in the pleadings
An action in rem is an action against the thing of the parties. The pleadings present the issues
itself, instead of against the person to be tried and determine whether not the
An action quasi in rem is one wherein an issues are of fact or of law.
individual is named as defendant and the An issue arise because a material allegation of a
purpose of the proceeding is to subject his claiming party is specifically denied by the
interest therein to the obligation or lien defending party.
burdening the property.
Jurisdiction over the issue may be determined
by the stipulation of the parties during pre-trial
When is jurisdiction over the defendant (Sec. 2, Rule 18)
required?
Jurisdiction over the issue may also be Petition for certiorari, prohibition and
conferred by waiver or failure to object to the mandamus against:
presentation of evidence on the matter not
1) CA;
raised in the pleading (Sec. 5, Rule 10)
2) Comelec;
D. Jurisdiction over the res
3) COA;
Jurisdiction over the res refers to the court’s
jurisdiction over the thing or the property which 4) Sandiganbayan;
is the subject of the action. This type of
jurisdiction is necessary when the action is one 5) CTA
in rem or quasi in rem. Concurrent original jurisdiction ( CPM)
When the action is action in personam, the Petition for certiorari, prohibition and
jurisdiction over the res is not sufficient to mandamus against:
authorize the court to render judgment against
the defendant. In an action in personam, 1) RTC (Sec. 21[1], BP 129);
jurisdiction over the person is required. 2) CSC (RA 7902);

3) NLRC (But: see, St. Martin Funeral Homes vs.

How is jurisdiction over the res acquired? NLRC, 295 SCRA 494);

-It may be acquired by placing the property or 4) other quasi-judicial bodies (Heirs of Hinog vs.
thing under the custody of the court. Melicor, 455 SCRA 460).

-It may also be acquired by the court through

statutory authority conferring upon it the Jurisdiction of the Supreme Court
power to deal with the property or thing.
Concurrent original jurisdiction

Concurrent original jurisdiction with the CA and

READ: Banco Espanol-Filipino vs. Palanca, 37 RTC in Petition for certiorari, prohibition and
Phil. 921, 927-928 mandamus against lower courts and bodies and
in petitions for quo warranto and habeas
corpus.
What is the extent of relief that may be
awarded in action in rem and quasi in rem? Concurrent original jurisdiction with the RTC in
cases affecting ambassadors, public ministers
Any relief granted in rem or quasi in rem actions and consuls (Sec. 21[2], BP 129; Sec. 5, Art. VII,
must be confined to the res, and the court 1987 Constitution).
cannot lawfully render judgment against the
defendant (Banco do Brasil vs. CA, 333 SCRA NOTE: in all cases within the SC’s original and
545, 558). concurrent jurisdiction, the rule of hierarchy of
courts apply (Liga ng mga Barangay vs. Atienza,
420 SCRA 562)
Jurisdiction of the Supreme Court

Exclusive original jurisdiction (4Cs) Jurisdiction of the Supreme Court

Appellate jurisdiction (CSCR) (1) In all civil actions in which the subject of the
litigation is incapable of pecuniary estimation;
By way of petition for review on certiorari under
Rule 45 over decisions and final orders of: (2) In all civil actions which involve the title to,
or possession of, real property, or any interest
therein, where the assessed value of the
Court of Appeals property involved exceeds Twenty thousand
pesos (P20,000.00) or for civil actions in Metro
Exclusive original jurisdiction Manila, where such the value exceeds Fifty
Annulment of judgments of the RTC (Sec. 9[2], thousand pesos (50,000.00) except actions for
BP 129, as amended). RULE 47 provides for forcible entry into and unlawful detainer of
procedure only. lands or buildings, original jurisdiction over
which is conferred upon Metropolitan Trial
Concurrent original jurisdiction with SC Courts, Municipal Trial Courts, and Municipal
Petition for certiorari, prohibition, mandamus Circuit Trial Courts;
against: RTC, CSC, other QJA, NLRC (3) In all actions in admiralty and maritime
Concurrent original jurisdiction with SC and RTC jurisdiction where he demand or claim exceeds
Three hundred thousand pesos (P300,000.00)
Petition for certiorari, prohibition, mandamus, or, in Metro Manila, where such demand or
quo warranto and habeas corpus claim exceeds Four hundred thousand pesos
(400,000.00).
Exclusive appellate jurisdiction
(4) In all matters of probate, both testate and
Appeal from judgments of RTC.
intestate, where the gross value of the estate
Petition for review from judgments of QJA’s, exceeds three hundred thousand pesos
CSC, Ombudsman (Gonzales vs. Rosas, 423 SCRA (P300,000.00) or, in probate matters in Metro
488, 494). Manila, where such gross value exceeds four
Hundred thousand pesos (P400,000.00).
Appeal from decisions of MTC in cadastral or
land registration cases (Sec. 34, BP 129). (5) In all actions involving the contract of
marriage and marital relations; * It is now with
the Family Court (Section 5, RA 8369).
May the Court of Appeals receive evidence on
(6) In all cases not within the exclusive
appeal?
jurisdiction of any court, tribunal, person or
YES. The court of Appeals shall have the power body exercising jurisdiction of any court,
to try cases and conduct hearings, receive tribunal, person or body exercising judicial or
evidence and perform any and all acts quasi-judicial functions;
necessary to resolve factual issues raised in
(7) In all civil actions and special proceedings
cases falling within its original and appellate
falling within the exclusive original jurisdiction
jurisdiction (Section 9, BP 129 as amended).
of a Juvenile and Domestic Relations Court and
of the Court of Agrarian Relations as now
provided by law; * It is now with the Family
Jurisdiction of the Regional Trial Court Court (Section 5, RA 8369).
(Exclusive Original, Section 19)
(8) In all other cases in which the demand, Devices or schemes employed by, or any acts of
exclusive of interest, damages of whatever kind, the board of directors, business associates, its
attorney's fees, litigation expenses, and costs or officers or partners, amounting to fraud and
the value of the property in controversy misrepresentation which may be detrimental to
exceeds three hundred thousand pesos the interest of the public and/or of the
(P300,000.00) or, in such other cases in Metro stockholder, partners, members of associations
Manila, where the demand exclusive of the or organization registered with the Commission;
abovementioned items exceeds four Hundred
(b) Controversies arising out of intra-corporate
thousand pesos (P400,000.00).
or partnership relations, between and among
stockholders, members or associates; between
any or all of them and the corporation,
Jurisdiction of the Regional Trial Court
partnership or association of which they are
(Concurrent Original) stockholders, members or associates,
respectively; and between such corporation,
With the SC in actions affecting ambassadors, partnership or association and the State insofar
other public ministers, and consuls (Sec. 21[2], as it concerns their individual franchise or right
BP 129, as amended; Sec. 5, Art. VIII, as such entity;
Constitution).
(c)Controversies in the election or appointment
With the SC and CA in petitions for certiorari, of directors, trustees, officers or managers of
prohibition and mandamus against lower courts such corporations, partnership or associations;
and bodies and in petition for quo warranto and
habeas corpus (Sec. 21[1], BP 129; Sec. 9[1], d) Petitions of corporations, partnerships or
BP129) associations to be declared in the state of
suspension of payment in cases where the
corporation, partnership or association
Jurisdiction of the Regional Trial Court possesses sufficient property to cover all its
debts but foresees the impossibility of meeting
(Appellate Jurisdiction) them when they respective fall due or in cases
Over all cases decided by the First Level Courts where the corporation, partnership or
in their respective territorial jurisdiction (Sec. association has no sufficient assets to cover its
22, BP 129, as amended). liabilities but is under the management of a
Rehabilitation Receiver or Management
Committee created pursuant to this Decree.
Jurisdiction over intra-corporate controversies

The jurisdiction of SEC over Sec. 5, PD 902-A Analysis of some cases under the jurisdiction
was transferred to the courts of general of RTC
jurisdiction or to the proper Regional Trial Court
(Gonzales vs. GJH Land, Inc., GR No. 202664, Action incapable of pecuniary estimation- It is
November 10, 2015 ). an action whose principal purpose or remedy
sought is not to recover a certain sum of
money. Where the basic issue is something
other than the right to recover a sum of money,
Section 5, PD No. 902-A
or the money claim is merely incidental to the
principal relief, the action is incapable of Personnel Consultant, GR No. 198426,
pecuniary estimation (Russel vs. Vestil, 304 September 2, 2015).
SCRA 739; Bgry. San Roque vs. Heirs of Pastor,
Jurisprudence rules that these actions are
334 SCRA 127, 132-133).
incapable of pecuniary estimation:
TAKE NOTE: In determining the nature of the
Action for specific performance
action, the allegations in the complaint and the
relief prayed for must be considered (Bgry. Piapi Action for support
vs. Talip, 496 SCRA 409, 413).
Right to support

Annulment of decision of lower courts

Examples of an action incapable of pecuniary
estimation Rescission or reformation of contracts

A complaint for expropriation is incapable of Interpretation of contractual obligation

pecuniary estimation (Bgry. San Roque vs. Heirs Heirs of Bautista vs. Lindo, GR No. 208232,
of Pastor, 334 SCRA 127, 132-133). March 10, 2014
An action seeking to annul a resolution of a BUT:
GOCC is an action incapable of pecuniary
estimation (Polomok Water District vs. Polomok An action for specific performance and damages
General Consumers Assn., Inc., 636 SCRA 647, was filed by the buyers for the seller to execute
652-653). a deed of absolute sale in favour of the plaintiff,
but it was later on found out that the subject
An action for specific performance (Russel vs. real property was already transferred to a third
Vestil, 304 SCRA 738, 745). person, the amendment of the complaint to
An action that seeks to from the defendant the specific performance and/or reconveyance, and
execution of the deed of absolute sale based on damages is not anymore an action for specific
contract which they had previously made is an performance but a real action (Sps. Trayvilla vs.
action for specific performance, and hence, an Sejas, GR No. 204970, February 1, 2016).
action incapable of pecuniary estimation. This is Action for partition of real property is a real
the case although the end result of the action (Barrido vs. Nonato, GR No. 176492,
plaintiff’s claim was the transfer of the subject October 20, 2014).
property to his name (Sps. Saraza vs. Francisco,
GR No. 198718, November 27, 2013).

An action to enforce the right to repurchase is Jurisdiction of the Family Courts Section 5, RA
an action for specific performance, hence, an 8369
action incapable of pecuniary estimation (Heirs a) Criminal cases where one or more of the
of Bautista vs. Lindo, GR No. 208232, March 10, accused is below eighteen (18) years of age but
2014). not less than nine (9) years of age or where one
An action to enjoin the survey of the land is an or more of the victims is a minor at the time of
action incapable of pecuniary estimation the commission of the offense: Provided, That if
(Republic vs. Principalia management and the minor is found guilty, the court shall
promulgate sentence and ascertain any civil
liability which the accused may have incurred.
The sentence, however, shall be suspended
without need of application pursuant to
Jurisdiction of the First Level Court (Section 33,
Presidential Decree No. 603, otherwise known
BP 129, as amended)
as the "Child and Youth Welfare Code";
(1) Exclusive original jurisdiction over civil
b) Petitions for guardianship, custody of
actions and probate proceedings, testate and
children, habeas corpus in relation to the latter;
intestate, including the grant of provisional
c) Petitions for adoption of children and the remedies in proper cases, where the value of
revocation thereof; the personal property, estate, or amount of the
demand does not exceed three hundred
d) Complaints for annulment of marriage,
thousand pesos (P300,000.00) or, in Metro
declaration of nullity of marriage and those
Manila where such personal property, estate, or
relating to marital status and property relations
amount of the demand does not exceed Four
of husband and wife or those living together
hundred thousand pesos (P400,000.00)
under different status and agreements, and
exclusive of interest damages of whatever kind,
petitions for dissolution of conjugal partnership
attorney's fees, litigation expenses, and costs,
of gains;
the amount of which must be specifically
e) Petitions for support and/or alleged:
acknowledgment;
Provided, That where there are several claims
f) Summary judicial proceedings brought under or causes of action between the same or
the provisions of Executive Order No. 209, different parties, embodied in the same
otherwise known as the "Family Code of the complaint, the amount of the demand shall be
Philippines"; the totality of the claims in all the causes of
action, irrespective of whether the causes of
g) Petitions for declaration of status of children action arose out of the same or different
as abandoned, dependent or neglected transactions;
children, petitions for voluntary or involuntary
commitment of children; the suspension, (2) Exclusive original jurisdiction over cases of
termination, or restoration of parental authority forcible entry and unlawful detainer: Provided,
and other cases cognizable under Presidential That when, in such cases, the defendant raises
Decree No. 603, Executive Order No. 56, (Series the question of ownership in his pleadings and
of 1986), and other related laws; the question of possession cannot be resolved
without deciding the issue of ownership, the
h) Petitions for the constitution of the family issue of ownership shall be resolved only to
home; determine the issue of possession.
i) Cases against minors cognizable under the (3) Exclusive original jurisdiction in all civil
Dangerous Drugs Act, as amended; actions which involve title to, or possession of,
j) Violations of Republic Act No. 7610, otherwise real property, or any interest therein where the
known as the "Special Protection of Children assessed value of the property or interest
Against Abuse, Exploitation and Discrimination therein does not exceed Twenty thousand
Act," as amended by Republic Act No. 7658; and pesos (P20,000.00) or, in civil actions in Metro
Manila, where such assessed value does not
k) Cases of domestic violence against women exceed Fifty thousand pesos (P50,000.00)
and children exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses and costs: THUS: If interest is only incidental, then it
Provided, That value of such property shall be should not be included in the determination of
determined by the assessed value of the the jurisdictional amount.
adjacent lots

TAKE NOTE:
What is the totality rule?
Sec. 33[1], BP 129
Where there are several claims or causes of
The jurisdictional amount does not include: action between the same or different parties,
embodied in the same complaint, the amount
Interest
of the demand shall be the totality of the claims
Damages of whatever kind in all the causes of action, irrespective of
whether the causes of action arose out of the
Attorneys fees same or different transactions (Section 33, BP,
Litigation expenses 129).

Costs Does the MTC have jurisdiction over

settlement of estate?

YES. Exclusive original jurisdiction over civil

TAKE NOTE: actions and probate proceedings, testate and
The exclusion of the term "damages of intestate, including the grant of provisional
whatever kind" in determining the jurisdictional remedies in proper cases, where the value of
amount, applies to cases where the damages the personal property, estate, or amount of the
are merely incidental to or a consequence of demand does not exceed Three hundred
the main cause of action. However, in cases thousand pesos (P300,000.00) or, in Metro
where the claim for damages is the main cause Manila where such personal property, estate, or
of action, or one of the causes of action, the amount of the demand does not exceed Four
amount of such claim shall be considered in hundred thousand pesos (P400,000.00)
determining the jurisdiction of the court (Sante exclusive of interest damages of whatever kind,
vs. Claravall, GR No. 173195, February 22, attorney's fees, litigation expenses, and costs
2010). (Section 33, BP, 129).

What is the meaning of interest? Delegated jurisdiction of the MTC (Section 34,
BP 129, as amended)
Since the interest on the loan is a primary and
inseparable component of the cause of action, Metropolitan Trial Courts, Municipal Trial
not merely incidental thereto, and already Courts, and Municipal Circuit Trial Courts may
determinable at the time of filing of the be assigned by the Supreme Court to hear and
Complaint, it must be included in the determine cadastral or land registration cases
determination of which court has the covering lots where there is no controversy or
jurisdiction over petitioner's case (Gomez vs. opposition, or contested lots the where the
Montalban, 548 SCRA 693). value of which does not exceed One hundred
thousand pesos (P100,000.00), xxxxxx
Their decisions in these cases shall be itself (Heirs of Sebe vs. Heirs of Sevilla, 603
appealable in the same manner as decisions of SCRA 395, 404; Padlan vs. Dinglasan 694 SCRA
the Regional Trial Courts. >>>>>>> COURT OF 91, 100, March 20, 2013).
APPEALS

Please consider:
Special jurisdiction of the MTC
Before the amendment of BP 129, there is no
In the absence of all the Regional Trial Judges in distinction between real action and action
a province or city, any Metropolitan Trial Judge, incapable of pecuniary estimation. Both actions
Municipal Trial Judge, Municipal Circuit Trial are within the jurisdiction of the RTC. With the
Judge may hear and decide petitions for a writ amendment of BP 129, there is now need to
of habeas corpus or applications for bail in distinguish the two actions considering that not
criminal cases in the province or city where the all real actions are cognizable by the RTC. The
absent Regional Trial Judges sit (Section 34, BP assessed value of the real property has to be
129, as amended). determined in order to know which court has
jurisdiction (Heirs of Concha vs. Sps. Lumocso,
540 SCRA 1).
Actions involving “title”, “interest” and
“possession” (TIP) in real property - “REAL
ACTION” Examples of REAL ACTION

Preliminary Note: An action to quite title

In determining the nature of the action, the An action for reconveyance of real property
allegations in the complaint and the relief
An action for reconveyance of possession of real
prayed for must be considered (Bgry. Piapi vs.
property
Talip, 496 SCRA 409, 413).
Accion publiciana
Thus, in determining whether the action is a
real action or personal action the allegations in Accion reinvnidicatoria
the complaint and the relief prayed for must be
considered.

The determination of whether an action is real Need to inquire into the primary or ultimate
or personal action is material to determine: objective of the complaint

1) Jurisdiction; 2) Venue and. 3) Amount of filing Where the ultimate objective of the plaintiffs is
fee to obtain title to real property, it should be filed
with the proper court having jurisdiction over
An action “involving title to real property” the assessed value of the property subject
means that the plaintiff’s cause of action is thereof (Bgry. Piapi vs. Talip, 469 SCRA 409,
based on a claim that he owns such property or 413).
that he has legal rights to have exclusive
control, possession, enjoyment, or disposition
of the same. “Title” is the link between 1) a READ:
person who owns property, and 2) the property
De Vera vs. Sps. Santiago, GR No. 179457, June determine a case or the place where a case is to
22, 2015 be tried (Black’s Law Dictionary; City of Lapu-
Lapu vs. PEZA, GR No. 184203, November 26,
De Leon vs. CA, 278 SCRA 94
2014).
Maslag vs. Monzon, GR No. 174908, June 17,
Venue in civil cases is procedural and not
2013
substantive. Thus, it may be waived or subject
Heirs of Sebe vs. Heirs of Sevilla, 603 SCRA 395, to agreement of the parties.
402-403

How is jurisdiction distinguished from venue?

What is the basis of jurisdiction in real action?
Jurisdiction refers to the authority of the court
The basis is the assessed value of real property. to hear and decide the case; venue refers to the
As between the estimated value of the land and place where the case is to be heard or tried.
the assessed value as reflected in the Tax
Jurisdiction is a matter of substantive law while
Declaration, the latter should prevail. (Geonzon
venue, of procedural law.
Vda de Barrera vs. Heirs of Vicente Legaspi, 565
SCRA 192). Jurisdiction cannot be waived by the parties;
venue may be waived if not invoked either in a
motion to dismiss or in the answer.
The assessed value must be alleged, otherwise
Jurisdiction is fixed by law; venue may be fixed
the Court will dismiss the case (Quinagoran vs.
by agreement of the parties.
CA, 531 SCRA 104, 113-114; Cabling vs.
Dangcalan, GR No. 187696, June 15, 2016). Court may dismiss the action motu proprio in
case of lack of jurisdiction.
But, even if the assessed value of the land is not
alleged in the complaint, but the tax declaration
is attached thereto, the court can still assess the
How is jurisdiction distinguished from venue?
amount (BSP vs. Legaspi, GR No. 205966, March
2, 2016). Jurisdiction refers to the authority of the court
to hear and decide the case; venue refers to the
place where the case is to be heard or tried.
PLEASE NOTE:
Jurisdiction is a matter of substantive law while
In cases of land not declared for taxation venue, of procedural law.
purposes, the value of the property shall be
Jurisdiction cannot be waived by the parties;
determined by the assessed value of the
venue may be waived if not invoked either in a
adjacent lot (Section 33[3]. BP 129, as
motion to dismiss or in the answer.
amended; Cabling vs. Dangcalan).
Jurisdiction is fixed by law; venue may be fixed
by agreement of the parties.
VENUE
Court may dismiss the action motu proprio in
Venue is the place or the geographical area in case of lack of jurisdiction.
which a court with jurisdiction may hear and
 SECTION 2. Venue of Personal Actions. — All
other actions may be commenced and tried
What is the basic consideration in determining
where the plaintiff or any of the principal
venue of the action?
plaintiffs resides, or where the defendant or any
The venue of the action would be determined is of the principal defendants resides, or in the
the determination of whether an action is real case of a non-resident defendant where he may
or personal. be found, at the election of the plaintiff. (Rule
4).
SECTION 1. Venue of Real Actions. — Actions
affecting title to or possession of real property,
or interest therein, shall be commenced and
What is the meaning of “residence” in personal
tried in the proper court which has jurisdiction
action?
over the area wherein the real property
involved, or a portion thereof, is situated (Rule It means the place of abode, whether
4). permanent of temporary, of the plaintiff or the
defendant, as distinguished from “domicile”
SECTION 2. Venue of Personal Actions. — All
which denotes a fixed permanent residence to
other actions may be commenced and tried
which, when absent, one has the intention of
where the plaintiff or any of the principal
returning (Dangwa Transporation Company vs.
plaintiffs resides, or where the defendant or any
Sarmiento, GR No. L-22795, January 31, 1977).
of the principal defendants resides, or in the
case of a non-resident defendant where he may
be found, at the election of the plaintiff. (Rule
Residence of a domestic corporation is the
4).
place within the Philippines, where its principal
office is located (Section 14[3], Corporation
Code; Cohen vs. Benguet Commercial Co., 34
Venue of Actions
Phil. 526).
Forcible entry and detainer actions shall be
commenced and tried in the Municipal Trial
Court of the municipality or city wherein the Venue in personal action
real property involved, or a portion thereof, is
Sps. Saraza vs. Francisco, GR No. 198718,
situated (Section 1, Rule 4).
November 27, 2013
Against non-resident - If any of the defendants
As to the issue of venue, the petitioners'
does not reside and is not found in the
argument that the action should have been
Philippines, and the action affects the personal
instituted with the RTC of Makati City, and not
status of the plaintiff, or any property of said
the RTC of Imus, Cavite, is misplaced. Although
defendant located in the Philippines, the action
the end result of the respondent's claim was the
may be commenced and tried in the court of
transfer of the subject property to his name, the
the place where the plaintiff resides, or where
suit was still essentially for specific
the property or any portion thereof is situated
performance, a personal action, because it
or found (Section 3, Rule 4).
sought Fernando's execution of a deed of
absolute sale based on a contract which he had
previously made.
Venue in personal actions
 2014 – the action is for the return of the
property or its value on the basis of co-
BPI Family Savings Bank, Inc. vs. Yujuico, GR
ownership. The Court held that while the
No. 175796, July 22, 2015 complaint of the petitioner is for the recovery of
the property or its value, the said complaint is
Based on the distinctions between real and actually anchored on plaintiffs’ claim of
personal actions, an action to recover the ownership over a portion of the real property of
deficiency after the extrajudicial foreclosure of the subject property. Hence, a real action.
the real property mortgage is a personal action,
for it does not affect title to or possession of
real property, or any interest therein.
When will the rule on venue not apply?

SECTION 4. When Rule not Applicable. —

Venue in real action
This Rule shall not apply —
SECTION 1. Venue of Real Actions. — Actions
(a) In those cases where a specific rule or law
affecting title to or possession of real property,
provides otherwise; or
or interest therein, shall be commenced and
tried in the proper court which has jurisdiction (b) Where the parties have validly agreed in
over the area wherein the real property writing before the filing of the action on the
involved, or a portion thereof, is situated (Rule exclusive venue thereof.
4).

Forcible entry and detainer actions shall be

Stipulations on venue
commenced and tried in the Municipal Trial
Court of the municipality or city wherein the The parties may agree on a specific venue which
real property involved, or a portion thereof, is could be in a place where neither of them
situated (Section 1, Rule 4) resides

(Universal Robina Corporation vs. Lim, 535 SCRA

READ: 95, 99).
Gochan vs. Gochan, 372 SCRA 256 – where the In real actions, like unlawful detainer, the
complaint is denominated as one for specific parties may stipulate on a venue other than the
performance, but nonetheless prays for place where the real property is situated (Union
issuance of a deed of sale of a land to enable Bank of Philippines vs. Maunlad Homes, Inc.,
the plaintiff to acquire ownership thereof, its 678 SCRA 539, 550).
primary objective and nature is one to recover
the parcel of land itself and thus, is deemed a
real action. Requisites on stipulations to on exclusive

It must be in writing
READ: It must be made before filing of an action
Samson vs Sps. Gabor, GR No. 182970, July 23,
The agreement must be exclusive A restrictive stipulation on venue is not binding
when the validity of the contract is assailed
(Briones vs. CA, GR No. 204444, January 14,
Agreement on venue may be: 2015).

Restrictive

The suit can only be filed in the place agreed PLEASE TAKE NOTE:
upon by the parties.

Permissive
There is no motu propio dismissal based on
The place agreed upon is in addition to the improper venue (Republic vs. Glasgow Credit
place provided for in the Rules and Collection Services, 542 SCRA 95, 101).

Except cases under the rules on summary

procedure (Sec. 4, Summary Procedure; Sec. 9,
Illustration: A.M. No. 08-8-7, SC).
“Parties agree to sue and be sued in in courts of
Manila” – the SC ruled that it is not restrictive
but only permissive (Polytrade Corp. vs. Blanco, CIVIL ACTIONS
30 SCRA 187).
Classification of Civil Actions
“All suits arising out of this agreement shall be
As to Nature
filed within the proper courts of Quezon City” –
SC ruled that it is only permissive (Unimasters Ordinary Civil Action
Conglomeration, Inc., vs. CA, 267 SCRA 759,
Special Civil Action
776).

“The agreed venue shall be in the City of Manila

– permissive (Mangila vs. CA, 387 SCRA 162, What is civil action?
174-175).
It is one by which a party sues another for the
enforcement or protection of a right. (Sec. 3(a),
Rule 1)
NOTE: to make it exclusive there must words
with respective meaning If it is governed by the rules on ordinary civil
action, then is it ordinary civil action. If there is
Examples of words with restrictive meanings
special rules for a particular action, then it is
are: “only”, “solely”, “exclusive in this court”,
special civil action.
“in no other courts, save..”, “particularly”,
“nowhere else but/except” or words of equal
import (Pacific Consultants International Asia,
Inc., vs. Schonfeld, 516 SCRA 209,229). Examples of Special Civil Action

Interpleader (Rule 62)

PLEASE TAKE NOTE: Declaratory Relief (Rule 63)

Certiorari, Prohibition, Mandamus (Rule 65)

Quo warranto (Rule 66) Where complaint is for specific performance
but prays for the issuance of deed of sale over a
Expropriation (Rule 67)
parcel of land to enable the plaintiff to acquire
Foreclosure of mortgage (Rule 68) ownership thereof, it is a real action (Gochan vs.
Gochan, 372 SCRA 256, 264).
Partition (Rule 69)
Annulment of sale of real property is a real
Forcible Entry and Unlawful detainer (Rule 70) action (Emergency Loan Pawnshop, Inc., vs. CA.
Contempt (Rule 71) 353 SCRA 89, 91).

An action to foreclose a real estate mortgage is

a real action, but an action to compel the
Classification of Civil Actions mortgagee to accept payment of the mortgage
As to Cause or Foundation debt and release the mortgage is a personal
action (Hernandez vs. Rural Bank of Lucena, 81
Real Action SCRA 75, 84)
Personal Action An action to annul a contract of loan and its
accessory real estate mortgage is a personal
action (Chua vs. Total Office Products and
What is real/personal action? Services, 471 SCRA 500, 507).

It is an action which affects title to or possession

of real property, or an interest therein (Sec. 1,
Please take NOTE:
Rule 4)
Not all actions involving real property are real
-Unlawful detainer, accion publiciana, accion
actions.
reinvindicatoria, action to quiet title,
reconveyance. Although the end result of the respondent's
claim was the transfer of the subject property
If it is not real action, then it is personal action.
to his name, the suit was still essentially for
(Sec. 2, Rule 4)
specific performance, a personal action,
-Breach of contract, sum of money, recovery of because it sought Fernando's execution of a
personal property deed of absolute sale based on a contract which
he had previously made (Spouses Saraza, et al.
v. Francisco, 722 Phil. 346, 357 (2013).
Illustration:

An action for the nullity of marriage is a

Specified Contractors & Development, Inc., vs.
personal action (Tamano vs. Ortiz, 292 SCRA
Pobocan, GR No. 212472, January 11, 2018
584, 588).
Petitioner and respondent agreed that for every
An action for specific performance with
condominium building that respondent built for
damages is a personal action as long as it does
petitioner, respondent would be entitled to one
not involve a claim or recovery of ownership,
(1) unit thereof as part of the respondent’s
title, to real property (Siasoco vs. CA, 303 SCRA
compensation.
186).
Respondent was able to build two (2) specific performance and damages against
condominium units. However, petitioner Bautista. It also caused the annotation of the
refused to execute deed of conveyance in order notice of lis pendens on the certificate of title of
for the respondent to transfer ownership over the land in the name of Bautista. While the case
said two (2) condominium units. is pending Bautista died.

Respondent filed an action for specific The issue in this case is whether or not the case
performance in the RTC where he resides. The should be dismissed on account of Bautista’s
petitioner filed a motion to dismiss on ground death as it is an action that does not survive as
of lack of jurisdiction as the action is real action it is personal to Bautista.
and should have been filed in the RTC where
In the instant case, although the case involves a
the real property is situated.
complaint for specific performance and
What is the nature of the action? damages, a closer perusal of petitioner's
complaint reveals that it actually prays for, inter
Specified Contractors & Development, Inc., vs.
alia, the delivery of ownership of the subject
Pobocan, GR No. 212472, January 11, 2018
land through Bautista's execution of a deed of
That the end result would be the transfer of the sale and the turnover of TCT No. T-800 in its
subject units to respondent's name in the event favor. This shows that the primary objective and
that his suit is decided in his favour is "an nature of case is to recover the subject property
anticipated consequence and beyond the cause itself and thus, is deemed to be a real action.
for which the action [for specific performance
Thus, if the claim in an action affects property
with damages] was instituted."
and property rights, then the action survives the
Had respondent's action proceeded to trial, the death of a party-litigant.
crux of the controversy would have been the
Significance of the distinction between a
existence or non-existence of the alleged oral
personal action and a real action
contract from which would flow respondent's
alleged right to compel petitioners to execute Determination of jurisdiction, venue and
deeds of conveyance. The transfer of property amount of filing fee
sought by respondent is but incidental to or an
offshoot of the determination of whether or not
there is indeed, to begin with, an agreement to Classification of Civil Actions
convey the properties in exchange for services
rendered. As to the place of filing

Local Action

Pacific Rehouse Corp. vs. Ngo, GR No. 214934, Transitory Action

April 12, 2016 As to Object
Petitioner entered into Deed of Conditional Sale Action in personam
with Bautista. Petitioner complied with his
obligation but Bautista failed to execute to Action in rem
corresponding deed of absolute sale and deliver Action quasi in rem
the certificate of title to petitioner.
Consequently, petitioner filed a complaint for
What is action in personam? What is action quasi in rem?

It is an action to enforce personal rights and It is an action where an individual is named as

obligation against a person and is based on the defendant and the purpose of the proceeding is
jurisdiction of a person. The purpose of action in to subject defendant’s property to a burden or
personam is to impose through a judgment lien.
some responsibility or liability directly upon the
Expls. Complaint with attachment, foreclosure
person of the defendant.
actions, action for partition, action for
accounting.

May an action in personam be a real action at

the same time?
De Pedro vs. Romasan Development Corp. GR
Yes, if the action will impose personal liability No. 194751, November 26, 2014
on a person with respect to a particular real
An action for annulment of title is a quasi in
property (Munoz vs. Yabut, 650 SCRA 344).
rem. It is not an action against a person on the
basis of his personal liability but an action that
subjects a person’s interest over a property to a
What is an action in rem?
burden. The action for annulment of a
It is an action against the thing (res) itself, certificate of title threatens petitioner’s interest
rather than against a person. It is not just in the property.
binding on a particular person, but it is binding
against the whole world.
What is the significance of knowing action in
Exs. Land registration cases, declaration of
personam, action in rem and quasi in rem?
nullity of marriage, action for recognition.
The distinction is important to determine
whether or not jurisdiction over the person of
What is the meaning of a “thing”? the defendant is required and consequently the
type of summons to be employed.
The phrase, "against the thing," to describe in
rem actions is a metaphor. It is not the "thing"
that is the party to an in rem action; only legal
Gomez vs. CA, 425 SCRA 98,103
or natural persons may be parties even in in
rem actions. "Against the thing" means that To resolve whether there was valid service of
resolution of the case affects interests of others summons on respondents, the nature of the
whether direct or indirect. It also assumes that action filed against them must first be
the interests — in the form of rights or duties — determined. As the Court explained in Asiavest
attach to the thing which is the subject matter Limited vs. Court of Appeals (G.R. No. 128803,
of litigation. In actions in rem, our procedure September 25, 1998, 296 SCRA 539, 552), it will
assumes an active vinculum over those with be helpful to determine first whether the action
interests to the thing subject of litigation (De is in personam, in rem, or quasi in rem because
Pedro vs. Romasan). the rules on service of summons under Rule 14
of the Rules of Court of the Philippines apply
according to the nature of the action.
 369; Magdalena Estate vs. Nieto, 125 SCRA
758).
Is notice or summons required in in remand
quasi in rem actions?

YES. Regardless of the nature of the action, May summons by publication be made in an
proper service of summons is imperative. A action in personam?
decision rendered without proper service of
YES.Section 16. Service upon defendant whose
summons suffers a defect in jurisdiction.
identity or whereabouts are unknown. — In any
Respondent's institution of a proceeding for
action where the defendant is designated as an
annulment of petitioner's certificate of title is
unknown owner, or the like, or whenever his
sufficient to vest the court with jurisdiction over
whereabouts are unknown and cannot be
the res, but it is not sufficient for the court to
ascertained by diligent inquiry, within 90
proceed with the case with authority and
calendar days from the commencement of the
competence (De Pedro vs. Romasan
action, service may, by leave of court, be
Development Corp. GR No. 194751, November
effected upon him by publication in a
26, 2014).
newspaper of general circulation and in such
places and for such time as the court may order
(Rule 14).
May an in rem or quasi in rem action be
converted to action in personam?

YES. "If the defendant appears, the cause May summons by publication be made in an
becomes mainly a suit in personam, with the action in personam?
added incident, that the property attached
YES. Section 18. Residents temporarily out of
remains liable, under the control of the court,
the
to answer to any demand which may be
established against the defendant by the final Philippines. — When any action is commenced
judgment of the court. But, if there is no against a defendant who ordinarily resides
appearance of the defendant, and no service of within the Philippines, but who is temporarily
process on him, the case becomes, in its out of it, service may, by leave of court, be also
essential nature, a proceeding in rem, the only effected out of the Philippines, as under the
effect of which is to subject the property preceding section (Rule 14). Under the
attached to the payment of the demand which preceding section is Section 17.
the court may find to be due to the plaintiff."
(Banco-Espanol vs. Palanca, 37 Phil. 921, citing
Cooper vs. Reynolds, 10 Wall., 308). CAUSE OF ACTION

Rule: Every ordinary civil action must be based

Please take NOTE: on a cause of action (Sec. 1, Rule 2)
Summons by publication, as a general rule, will
not enable the court to acquire jurisdiction over
the person of the defendant (Pantaleon vs. What is a cause of action?
Asuncion, 105 Phil. 761, 765; Citizens Surety & It is an act or omission by which a party violates
Insurance Co., vs. Melencio-Herrera, 38 SCRA a right of another. (Sec. 2, Rule 2)
 Cause of action is a delict or wrong committed
by the defendant
Elements of Cause of Action
Cause of action is created by substantive law
-Right pertaining to plaintiff
Cause of action may not be affected by
-Correlative Obligation of the defendant
estoppel, or statute of limitation
-Violation of plaintiff’s right
Right of action refers to the right of the plaintiff
-Damage suffered by plaintiff to institute the action

Right of action is regulated by procedural law

Illustration Right of action may be taken away by statute of

limitation and estoppel.
Contract of Loan

Right > to collect

When can we say that a complaint states a
Obligation > to pay cause of action?
Violation > none payment A complaint states a cause of action if it
Damage > cannot get back his money sufficiently avers the existence of the four (4)
essential elements of a cause of action. If the
Culpa Aquiliana allegations do not state the concurrence of
Right > to be safe these elements, the complaint become
vulnerable to a motion to dismiss on the ground
Obligation > to be diligent of failure to state a cause of action (Westmont
Bank vs. Funai Philippines Corp., GR No. 175733,
Violation > due to negligence,
July 8, 2015).
plaintiff was injured
Failure to state a cause of action vs. Lack of
Damage > hospitalization
cause of action
expenses
Failure to state a cause of action pertains to the
Contract of Sale
insufficiency in the allegations in the action,
Right > to be paid or demand delivery while lack of cause of action pertains to
insufficiency of evidence.
Obligation > to pay or deliver
Failure to state a cause of action can only be
Violation > >did not pay or deliver
alleged as affirmative defense, while lack of
Damage > did not receive the cause of action is a ground for demurrer to
price or the thing sold evidence.

The dismissal due the failure to state a cause of

action does not constitute res judicata, while
Cause of Action vs. Right of Action the dismissal on the ground of lack of cause of
action is a decision on the merits, thus, res
judicata.
Failure to state a cause of action should be is also required that their respective judicial
alleged as affirmative defense while motion to affidavit must be
dismiss based on lack of cause of action is to be
attached therewith. Also, the documentary and
filed after the plaintiff has rested its case.
object evidence

in support of the allegation must be stated. If

What is the test to determine whether a this the case,
complaint state a cause of action of not?
these evidence must be taken into account in
If the court can render a valid judgment based determining
on the allegation in the complaint, the
whether the complaint alleges a cause of action.
complaint states a cause of action.
These

evidence cannot be ignored because they are

As a general rule, evidence aliunde should not required to be
be
attached or stated in complaint.
considered. But annexed documents to the
complaint
Under the 2019 Amendment, should evidence
may be considered because they are part of the
be also
complaint (Sea Land Service, Inc., vs. CA, 327
considered in determining whether the
SCRA 135; Alberto vs. CA, 334 SCRA 756). complaint alleges

a cause of action or not?

Under the 2019 Amendment, should evidence

be also
In fact under Section 1, Rule 8, it is provided
considered in determining whether the that every
complaint alleges
pleading shall contain in a methodical and
a cause of action or not? logical for, a

plain, concise and direct statement of the

ultimate facts,
I submit that evidence should be considered in
determining including the evidence, on which the party
pleading
whether a complaint alleges a cause of action.
Under Section 6, relies his or her defense.

Rule 7, it is required that the witnesses and the

summary of
This means that evidentiary facts are now
their respective testimony must be stated in the required to be
Complaint. It
alleged, not only ultimate facts. Thus, evidence
must be
considered in determining whether the
complaint alleges
Two cases cannot be filed: 1) for
cause of action or not.
recovery of possession. 2) for recovery of

damages for lost income.

Splitting of Action

Problem
Rule:

A enters into contract with B. There

A party may not institute more than
are three obligations in the contract: 1)
one suit for a single cause of action
to deliver 100 sacks of rice; 2) to
(Sec. 2, Rule 2).
deliver a car and 3) to deliver 100 sacks

of corn. All obligations are due.

Splitting of Action

Can A file three suits for the three

A single cause of action may give rise to
stipulations in the Contract? No.
several remedies. The availment of

these remedies is prohibited as it is

Rule 1
tantamount to splitting of cause of

action.
A contract embraces only one cause of

action even if it contains several

Splitting of Action
stipulations because it may be violated

only once.
Illustration

Problem 2
A, by means of force and intimidation, was

able to gain entry into the land of B. A

A obtained a loan from B for the principal
retained possession of the land of B for 5
amount of 400,000 payable in 4 installments
years. B lost income from such
to be paid annually starting in December,
dispossession in the amount of 2M.
2016 and every December thereafter. A
failed to pay the first installment. as one cause of action in one complaint,

and those not so included would be

Can B file a collection case against A for barred.

the installment not paid?

Cases

Rule 2

Industrial Finance vs. Apostol, 177 SCRA

A contract which provides for several 521 - A bank cannot file a civil action against

stipulations to be performed at different the debtor for collection of debt and then

times give rise to as many causes of subsequently file an action for foreclosure of

action as there are violations. mortgage. This would be splitting a cause of

action. All obligations which have matured at

Problem 3 the time of the suit must be integrated as one

cause of action in one complaint, and those not

A obtained a loan from B for the principal so included would be barred.

amount of 400,000 payable in 4 installments

to be paid annually starting in December, Cases

2016 and every December thereafter. A

failed to pay all installments. Progressive Development Corp.

vs. CA, 301 SCRA 637 – An action

Can B file a collection case against A for for forcible entry should include not

the first installment not paid without only the plea for restoration of

violating the rule on splitting a cause of possession, but also claims for damages

action? arising out of forcible entry. The claim

for damages cannot be filed separately.

Rule 3

Cases

All obligations which have matured at

the time of the suit must be integrated CGR Corp vs. Treyes, GR No. 170916, April
27, 2007 – However, the rule does not apply to The SC rule, there is no splitting of cause of
a action. The

situation where the claim for damages arose grounds are different. Besides, at the time that
out of the first

separate acts committed by the defendant after case filed, the ground for the second case in not
the yet

occupancy of the premises subject of the action. existing.

The Court sustained the separate action for

damages and ruled that there was not litis Effect of Splitting a Cause of Action

pendencia involved. The Court explained that

the
If two or more suits are instituted for a
claim for damages has no direct relation to the
single cause of action, the filing of one or a
loss
judgment upon the merits in any one is
of possession of the premises but resulted from
available as a ground for the dismissal of
acts separate from forcible entry.
another. (Sec. 4, Rule 2)

Cases
Joinder of Causes of Action

Umale vs. Canoga Park, 654 SCRA

It is the assertion in one pleading, in
155
alternative or otherwise, as many

causes of action as he may have

Plaintiff filed an action for unlawful detainer
against the against an opposing party. (Sec. 5,
tenant for violation of the lease agreement. Rule 2)
During the

pendency of the case, the lease contract

expired. The Illustration

plaintiff filed again another case for unlawful

detainer A obtained a loan from B in the total
based on expiration of contract. amount of 300K covered by three PN’s

each amounting to 100k. All of them

becomes due and demandable. B can

join the 3 causes of action in one comply with the rules on joinder

complaint. of parties.

Joinder of causes of action is subject to the This condition is only applicable when two

following conditions: or more plaintiffs or two or more

defendants are joined in the pleading. This

The party joining causes of action shall comply condition is not applicable when there is
with the
only one plaintiff and one defendant.
rules on joinder of parties.

Illustration 1
The joinder shall not include special civil actions
or actions
A obtained a loan from B in the total
governed by special rules.
amount of 300K covered by three PN’s

each amounting to 100k. All of them

Where the causes of actions are between the
same parties but becomes due and demandable. B can
pertain to different venues or jurisdictions, the join the 3 causes of action in one
joinder may be
complaint.
allowed in the RTC provided one of the cause of
actions

falls within the jurisdiction of said court and Illustration 2

venue lies

therein. A is a passenger of the bus owned by B. The

bus was bumped by a truck driven by C. A was

Where the claims in all causes of action are injured as a result thereof.
principally for recovery

of money, the aggregate amount claimed shall

be the test of In a complaint for damages, can A joined B and

jurisdiction (Section 5, Rule 2). – Totality test C in the one complaint?

also in BP 129

Is there a need to follow the rule on

The party joining causes of action shall joinder of parties?
YES. Because there are two defendants. A has cause of action against B for breach of

contract. He has also cause of action against C

for
Can a party assert in one pleading
culpa aquiliana or quasi-delict. Since there are
several causes of action pertaining
two
to different persons?
defendants we have to refer to the rule on
joinder of

Yes, provided that the party joining the parties.

causes of action shall comply with the

rules on joinder of parties. Joiner of parties requires that the causes of

action

arise out of the same transaction or series of

When is joinder of parties allowed?
transaction and that there is common question
of
All persons in whom or against whom any right law and fact in the parties joined.
to

relief in respect to or arising out of the same

The joinder shall not include special civil
transaction or series of transactions is alleged to
actions or actions governed by
exist, whether jointly, severally or in the
special rules.
alternative, may, except as otherwise provided
in

these Rules, join as plaintiffs or be joined as An ordinary civil action cannot be joined

defendants in one complaint, where any with special civil action or action governed

questions of law or fact common to all such by special rules. This is because special civil

plaintiffs or to all such defendants may arise in action is governed by special rules which
the
may not be applicable to ordinary civil
action. (Sec. 6, Rule 3)
action.

Let us simplify:
Illustration

Amplification of Illustration 2
A files a collection suit against B. In the same The other is located in Pampanga.

complaint he included a petition for judicial

foreclosure of mortgage. Is joiner proper? Can Dayo join the two parcels of land in an

accion publiciana to be filed in the RTC of

No. Bataan?

The cause of action for foreclosure of Yes. Because the causes of action are against
one
mortgage cannot be joined with collection suit
defendant. It may be joined in the RTC because
because the former is governed by the rules on
one of the causes of action is within RTC
special civil action while collection suit is
jurisdiction and venue lies therein.
governed by rules on ordinary civil action.

Illustration 1-A
Where the causes of actions are between the

same parties but pertain to different venues or

Supposing the one who encroached the
jurisdictions, the joinder may be allowed in the
land in Pampanga is Louie, and the land on
RTC provided one of the causes of action falls
Bataan was encroached by Lito, can
within the jurisdiction of said court and venue
Dayo join them as defendants in the
lies therein.
RTC of Bataan?

This condition is applicable when the

No. Because the causes of action are
suit is between the same parties. It has
against two defendants. Joinder of parties
no application when the suit is filed against
are not allowed.
different parties.

Illustration 2
Illustration 1

Lito encroached two parcels of land belonging

Lito encroached two parcels of land belonging
to to Dayo. One parcels of land is located in

Dayo. One parcel of land is located in Bataan. Bataan with an assessed value of 1M. The other
parcel of land has an assessed valued of 95K. Dayo in Bulacan, the value of which is 20k. Then
he

encroached on another land of Dayo located

Can Dayo join the two parcels of land in
also in
an accion publiciana to be filed in the RTC
Bataan with an assed value of 20k.
of Bataan?

Can Dayo join the cases of forcible entry in

Yes, because one of the causes of action is
one complaint to be filed in the MTC of
within the jurisdiction of RTC.
Bataan?

Illustration 3
No. The joinder may be allowed in the RTC, not
in

Lito encroached two parcels of land belonging MTC.

to

Dayo in Bataan one month ago. Then he

Where the claims in all causes of action
encroached on another land of Dayo located
are principally for recovery of money, the
also
aggregate amount claimed shall be the
in Bataan with an assed value of 1M two years
ago. test of jurisdiction

Can Dayo join the case of forcible entry and The total amount of the claims from

accion publiciana in one complain to be filed in different causes of action will determine the

the RTC of Bataan? jurisdiction.

No. One of the causes of action is governed by What is the effect of misjoinder of

special rule. cause of action?

Illustration 4 Misjoinder of causes of action is not a

ground for dismissal of an action. A

Lito encroached two parcels of land belonging misjoined cause of action may, on motion
to
of a party, or in the initiative of the court,
be severed and proceeded separately. Code.

PARTIES Entities authorized by law

Who are the parties to civil action? Section 15. Entity without juridical

personality as defendant. — When two or

Section 1, Rule 3 more persons not organized as an entity with

juridical personality enter into a transaction,

Who may be parties to civil action? they may be sued under the name by which

they are generally or commonly known

Entities authorized by law (Rule 3).

Corporation by estoppel under Section 21 of the What is the effect if the party impleaded is

Corporation Code not authorized to be a party to suit?

Estate of a deceased person Where the plaintiff is not a natural person or a

juridical

person or an entity authorized by law, a motion

A legitimate labor organization under the Labor
to dismiss
Code
may be filed on the ground that the “plaintiff
has no legal
The Roman Catholic Church and as to its
capacity to sue” under Section 1(d), Rule 16.
properties, the

archbishop or diocese, to which they belong

may be a Where it is the defendant who is not natural
person or a
party.
juridical person or an entity authorized by law,
the complaint
A dissolved corporation may prosecute and
may be dismissed on the ground the “pleading
defend suits
asserting
within 3 years under Article 122 of the
the claim states no cause of action” or failure to
Corporation
state
a cause of action under Section 1(g), Rule 16 party in interest. (Sec. 2, Rule 3)
because a

complaint cannot possibly state a cause of

How do we determine who is the real
action against one
party-in-interest?
who cannot be a party to a civil action.

The determination of who the real party in

Is it required to aver the parties’ capacity
interest
to sue and be sued?
requires the examination of elements of a cause
of

Section 4. Capacity. — Facts showing the action. A cause of action involves the existence
of a
capacity of a party to sue or be sued or the
right and violation of such right.
authority of a party to sue or be sued in a

representative capacity or the legal

Thus, the owner of the right violated is the real
existence of an organized association of
party in interest as plaintiff and the one
person that is made a party, must be
violating
averred (Rule 8).
the right is the real party in interest as
defendant.

Parties to Civil Actions

Illustration

Who is real party in interest?

A mere agent, who is not an assignee of the
principal,
A real party in interest is the party who stand
cannot bring suit under a deed of sale entered
to be benefited and injured by the judgment of into in
the suit, or the party entitled to the avails of behalf of his principal because it is the principal,
the suit. not the

agent, who is the real party in interest (Uy vs.

CA, 314
Unless otherwise authorized by law or the
SCRA 69).
rules of court, every action must be

prosecuted or defended in the name of the real

An agent’s authority to file suit cannot be the complaint states no cause of action
inferred from his (Spouses Laus vs.

authority to collect or receive payments; the optimum Security Services, GR No. 208343,
grant of February

special powers cannot be presumed from the 3, 2016).

grant of

general powers (V-Gent Inc., vs. Morning Travel

Please take NOTE:
and

Tours, GR No. 186305, July 22, 2015).

Under the amendment, this ground should now
be alleged as
Illustration
affirmative defense.

Should a lawful possessor be disturbed in his

Representative Parties
possession, it is the possessor, not necessarily
the
An action may be prosecuted or defended
owner of the property who can bring the action
to through a representative.
recover the possession. The argument that the

complaint states no cause of action because the A representative may be a trustee of an

suit
express trust, a guardian, an executor or
was filed by a mere possessor and not the
owner is administrator, or a party authorized by law or

not correct (Philippine Trust Company vs. these Rules (Section 3, Rule 3).

Court of Appeals, 320 SCRA 719).

If the action is prosecuted or defended through
a
What is the affect if a party is not a real a
representative, is it required that the
real party-in-interest? beneficiary

should be included in the title?

If a suit is not brought in the name of or against
the real party
YES.
in interest, a motion to dismiss may be filed on
the ground that
Where the action is allowed to be prosecuted or Failure to join an indispensable party will not
defended by a result in the

representative or someone acting in a fiduciary outright dismissal of the action. Instead, parties
capacity, the may be dropped

beneficiary shall be included in the title of the or added by the court on motion of any party or
case and shall be on its own

deemed to be the real party in interest (Section initiative at any stage of the action and on such
3, Rule 3). terms as are just.

(Sec. 11, Rule 3).

Exception: An agent acting in his own name and

for the benefit
It is when the order of the court to implead an
of an undisclosed principal may sue or be sued indispensable
without joining
party goes unheeded may the case be dismissed
the principal except when the contract involves for failure to
things
comply with the order of the Court (Sec. 3, Rule
belonging to the principal (id.) 17; Plasabas

vs. CA 582 SCRA 686).

Indispensable Parties

Effect of failure to implead

Who is an indispensable party? indispensable party

An indispensable party is party in interest Any decision rendered by a court without first

without whom no final determination can obtaining the required jurisdiction over
indispensable
be had of an action.
parties is null and void for want of jurisdiction

(Florete, Jr. vs. Florete, Sr. GR 174909, January

Indispensable parties shall be joined as
20, 2016), not only as to the absent parties but
plaintiffs or defendants (Sec. 7, Rule 3)
even

as to those present (People vs. Go, GR 201644,

Effect of failure to implead
September 24, 2014).
indispensable party

Jurisprudential Illustration
 The person whose right to the office is
challenged is an
In an action for partition of land, all co-owners
are indispensable party. No action can proceed
unless he is
indispensable parties. (De la Ra vs. De la Ra, 2
joined (Lozano vs. Valencia, 227 SCRA 726).
Phil. 294)

St. Luke’s College of Medicine vs. Spouses

In an action for annulment of partition, all the
heirs Perez, GR No. 222740, September 28,

are indispensable parties (Caram vs. CA, 101 2016

Phil. 315)

Students of St. Lukes were required to undergo

clerkship as
In an action for recovery of ownership of land,
all requirement for graduation and were assigned
to Cabiao
persons claiming ownership are indispensable
Community Clinic in Cabiao, Nueva Ecija. The
parties (Manza vs. Santiago, 96 Phil. 938).
clinic is owned

by the Municipality of Cabiao. The clinic where

Jurisprudential Illustration the students

were housed was gutted by fire which caused

their death.
The registered owner of a lot whose title the
plaintiff

seeks to nullify is an indispensable party The parents of the student who died in fire filed
(Cagatao vs. a case against

Almonte, GR No. 174004, October 9, 2013). St. Lukes , et.al. But they did not implead the
Municipality of

Cabiao.
A transferee of a property pendente lite is not
an

indispensable party, as it would, in any even, be Is Municipality of Cabiao an indispensable

bound party?

by the judgment against his predecessor

(Santiago
St. Luke’s College of Medicine vs. Spouses
Land Development Corp. vs. CA, 267 SCRA 79).
Perez, GR No. 222740, September 28,
2016

Example of Necessary Party

An indispensable party is defined by the Rules

of Court as a
In an action for collection of debt instituted by
party-in-interest without whom no final the creditor
determination can be had of
against the surety, the principal debtor is
an action. merely a necessary

party (Vano vs. Alo, 95 Phil. 495).

In the present case, respondents premise

petitioners' liability on their
In an action for foreclosure of REM instituted by
contractual obligation to their students and, the first
certainly, complete relief
mortgagee, the second mortgagee is merely a
and a final judgment can be arrived at by necessary party
weighing the claims and
(Somes vs. Govt. of Phil., 62 Phil. 432).
defenses of petitioners and respondents,
without need of evaluating
Solidarity does not make solidary obligor an
the claims and defenses of the Municipality of
indispensable party
Cabiao. If at all, the
in a suit filed by the creditor against another
Municipality of Cabiao is a necessary party
solidary debtor
whose non-inclusion in
(Republic vs. Sandiganbayan, 173 SCRA 72).
the case at bar shall not prevent the court from
proceeding with the

action. Duty of pleader if a necessary party is

not joined
Necessary Party

Whenever in any pleading in which a claim

It is one who is not indispensable but who is asserted a necessary party is not joined,
ought to be joined as a party if complete the pleader shall set forth the name of the
relief is to be accorded as to those already necessary party, if his name is known, and
parties, or for a complete determination or shall state why such party is omitted (Sec.
settlement of the claim subject of the action 9, Rule 3)
(Sec. 8, Rule 3).
May the Court order joinder of Neither misjoinder nor non-joinder of parties is
a
necessary party?
ground for dismissal of an action. Parties may
be
If the reason given for the non-joinder of
dropped or added by order of the court, on
necessary party is found by the court not
motion of any party or upon its own initiative at
meritorious, it may order the pleader to
any stage of the action and on such terms as are
join the omitted party if jurisdiction over his
just. Any claim against a misjoined party may be
person may be obtained. (Sec. 9, Rule 3)
severed or proceeded with separately. (Sec. 11,

Rule 3)
Effect of failure to comply with

the order of the court.

Alternative Defendant

It shall be deemed a waiver of claim against

Where the plaintiff is uncertain against who
such party. (Sec. 9, Rule 3)
of several person he is entitled to relief, he

may join any or all of them as defendants in

Effect of justified non-inclusion of
alternative, although the right of relief
a necessary party
against one may be inconsistent with the

right of relief against the other. (Sec. 13,

The non-inclusion of a necessary party does
Rule 3).
not prevent the court from proceeding in

the action, and the judgment rendered

Example of Alternative Defendant
therein shall be without prejudice to the

rights of such necessary party. (Sec. 9,

Karla is a passenger of a bus owned by X Co. The
Rule 3)
bus was bumped by a truck owned by Y Co.

Is misjoinder of parties or non-joinder

Karla may join X Co. and Y Co. as defendants in
of parties a ground for dismissal of an a

action? damage suit that she may be filing.

That Karla has a different cause of action in the questions involved in the suit. What is
against X required by

Co which is culpa contractual and culpa aquilina the Rules is a common or general interest in the
as subject

against Y Co is immaterial. The rule says plaintiff matter of the litigation. The “subject matter” of
may the

join all them although the right of relief against litigation meant the physical, the things real or
one personal,

may be inconsistent with the right of relief the money, lands, chattels, and the like, in
against the relation to the

other. suit which is prosecuted and not the delict or

wrong

committed by the defendant (Mathay vs.

Class Suit
Consolidated Bank & Trust Co., 58, SCRA 559,

571).
When the subject matter of controversy is

one of common or general interest to many

Juana Complex I Homeowners Assn., Inc., vs.
persons so numerous that it is impracticable to
Fil-Estate, Land, Inc., GR No. 152272, March 5,
join them all as parties, a number of them
2012
which

the court finds to be sufficiently numerous and

The developer closed a road which were used
representative as to fully protect the interest of
by the
all concerned may sue or defend for the benefit
residents of inland subdivisions for entry and
of all. (Sec. 12, Rule 3). exit to

SLEX. Some of the resident filed a class suit

against the
Conditions for a Valid Class Suit
developer.

Commonality of interest in the

Is class suit proper?
subject matter

YES.
A class suit does not require a commonality of
interest
the suit is clearly one that benefits all 3).
commuters and

motorists who use La Paz Road. They have

Examples of Actions which Survive
common

interest on the subject matter of the

controversy which Examples of actions which
is the closure of road. do not survive

Death of Party Action on Contractual Money Claims

What is the duty of the lawyer in case a party When the action is for recovery of money,
arising
dies?
from contract, express or implied and the
defendant
If the party dies and the claim is not
dies before entry of final judgment in the court
extinguished, his
in
duty is to inform the court of such fact within 30
which the action was pending at the time of
days after such death and to give the name and such

address of the legal representatives of the death, it shall not be dismissed but it shall be
deceased allowed

party. (Sec. 16, Rule 3). to continue until final judgment. Favorable
judgement

shall be claimed in the estate proceedings of

Death of Party
the

deceased defendant. (Sec. 20, Rule 3).

May the heirs of the deceased party be

allowed to substitute?
Relate Sec. 20, Rule 3 to Sec. 5, Rule 86:

Yes. The heirs of the deceased may be

All claims for money against the decedent,
allowed to be substituted for the deceased arising from

without need for the appointment of contract, express or implied, whether the same
be due, not
executor or administrator. (Sec. 16, Rule
due, or contingent, all claims for funeral
expenses and
1997 Rules of Civil Procedure
expense for the last sickness of the decedent,
and judgment
2019 Amendments
for money against the decedent, must be filed x
xxxx

(Section 5, Rule 86). Section 2 Pleadings allowed. - The claims of a

party are asserted in a complaint, counterclaim,

Section 1. Notice to creditors to be issued by cross-claim, third (fourth, etc.)-party complaint,
court. —
or complaint-in- intervention.
Immediately after granting letters testamentary
or of

administration, the court shall issue a notice The defenses of a party are alleged in the
requiring all answer to the pleading asserting a claim against
persons having money claims against the him.
decedent to file

them in the office of the clerk of said court (Rule

86). An answer may be responded to by a reply.

PLEADINGS Section 2 Pleadings allowed. - The claims of a

party are asserted in a complaint, counterclaim,

Meaning of Pleading cross-claim, third (fourth, etc.)-party complaint,

or complaint-in- intervention.

Pleadings are written statements of the

respective claims and defenses of the The defenses of a party are alleged in the

parties submitted to the court for answer to the pleading asserting a claim against

appropriate judgment (Sec. 1, Rule 6). him or her.

Pleading Allowed An answer may be responded to by a reply only

if the defending party attaches an

RULE 6 actionable document to the answer.

Section 2; Pleading allowed

RULE 6 By the filing of the complaint, the court acquires

PLEADINGS jurisdiction over the person of the plaintiff.

Section 3; Complaint

It also has the effect of interrupting the

prescription of
1997 Rules of Civil Procedure
actions pursuant to Article 1155 of the Civil
Code.
2019 Amendments

Please Note:
Section 3 Complaint. - The complaint is

the pleading alleging the plaintiff’s cause or

It is not simply the filing of the complaint or
causes of action. The names and
appropriate initiatory pleading, but the
residences of the plaintiff and defendant
payment of the prescribed docket fee, that
must be stated in the complaint.
vests a trial court with the jurisdiction over

the subject matter or nature of the action

Section 3 Complaint. - The
(Proton Pilipinas Corporation vs.
complaint is the pleading
Banque National de Paris (460 SCRA
alleging the plaintiff’s or
260, 276).
claiming party’s cause or

causes of action. The names

What is the rule on payment of
and residences of the plaintiff
docket fee?
and defendant must be stated

in the complaint.
The rule on the payment of docket is liberal. If
the

Significance of the filing of complaint initiatory pleading is not accompanied by a

correct

docket fee, the court may allow payment of the

The filing of the complaint in court signifies the fee
commencement of the civil action (Sec. 5, Rule within reasonable time, but in no case beyond
1). the
applicable prescriptive period. (The Heirs of
Reynoso,
Section 5 Defenses. — Defenses
Sr., vs. CA, 654 SCRA 1, 9-10).
may either be negative or

affirmative.
It will not lead to automatic dismissal of the
complaint
(a) A negative defense is the specific
(Sy-Vargas vs. The Estate of Ogsos GR 221062,
denial of the material fact or facts
October 5, 2016).
alleged in the pleading of the

claimant essential to his or her

Answer
cause or causes of action.

Kinds of Defenses
RULE 6

Section 5; Defenses
RULE 6

Section 5; Defenses
1997 Rules of Civil Procedure

1997 Rules of Civil Procedure

2019 Amendments

2019 Amendments
(b) An affirmative defense is an allegation of a

new matter which, while hypothetically

Section 5 Defenses. — Defenses
admitting the material allegations in the
may either be negative or
pleading of the claimant, would nevertheless
affirmative.
prevent or bar recovery by him. The

affirmative defenses include fraud, statute of

(a) A negative defense is the specific
limitations, release, payment, illegality, statute
denial of the material fact or facts
of frauds, estoppel, former recovery,
alleged in the pleading of the
discharge in bankruptcy, and any other matter
claimant essential to his cause or
by way of confession and avoidance.
causes of action.
(b) An affirmative defense is an allegation of a RULE 6

new matter which, while hypothetically Section 5; Defenses

admitting the material allegations in the

pleading of the claimant, would nevertheless Aside from the affirmative defenses in Section
5(b), the
prevent or bar recovery by him or her. The
affirmative defense may also include other
affirmative defenses include fraud, statute of
grounds for
limitations, release, payment, illegality, statute
a motion to dismiss specifically, that the court
of frauds, estoppel, former recovery, has no

discharge in bankruptcy, and any other matter jurisdiction over the subject matter, that there
is
by way of confession and avoidance.
another action pending between the same
parties for
RULE 6 the same cause, or that the action is barred by a
Section 5; Defenses prior

judgment.

1997 Rules of Civil Procedure

This section should be read in conjunction with

2019 Amendments Section 12, Rule 8.

Affirmative defense may also Counterclaim

include grounds for dismissal of

a complaint, specifically, that Kinds of Counterclaim

the court has no jurisdiction

over the subject matter, that Sec. 7, Rule 6

there is another action pending

between the same parties for A compulsory counterclaim is one which, being
cognizable by the
the same cause, or that the
regular courts of justice, arises out or is
action is barred by a prior connected with the
judgment. transaction or occurrence constituting the
subject matter of the
opposing party’s claim and does not require for of the opposing party's claim and does not
its adjudication require for its

the presence of third parties of whom the court adjudication the presence of third parties of
cannot acquire whom the

jurisdiction. Such counterclaim must be within court cannot acquire jurisdiction. Such a
the jurisdiction of counterclaim

the court both as to the amount and the nature must be within the jurisdiction of the court both
thereof, except as to the

that in the original action before the RTC, the amount and the nature thereof, except that in
counterclaim may an original

be considered compulsory regardless of the action before the Regional Trial Court, the
amount. A counterclaim

compulsory counterclaim not raised in the same may be considered compulsory regardless of
action is the amount.

barred, unless otherwise allowed by these

Rules.
Section 7 Compulsory counterclaim. — A

compulsory counterclaim is one which, being

RULE 6
cognizable by the regular courts of justice,
Section 7; Compulsory counterclaim arises

out of or is connected with the transaction or

1997 Rules of Civil Procedure occurrence constituting the subject matter of

the

opposing party's claim and does not require for

2019 Amendments
its

adjudication the presence of third parties of

Section 7 Compulsory counterclaim. — A whom
compulsory
the court cannot acquire jurisdiction. Such a
counterclaim is one which, being cognizable by
counterclaim must be within the jurisdiction of
the regular
the
courts of justice, arises out of or is connected
court both as to the amount and the nature
with the
thereof, except that in an original action before
transaction or occurrence constituting the
the
subject matter
Regional Trial Court, the counterclaim may be
considered compulsory regardless of the A counterclaim which either matured or was
amount.
acquired by a party after serving his pleading
A compulsory counterclaim not raised in the
may, with the permission of the court, be
same action is barred, unless otherwise
presented as counterclaim by supplemental
allowed by these Rules.
pleading before judgment.

RULE 6
Elements of compulsory counterclaim
Section 7; Compulsory counterclaim

It arises out of or is necessarily connected with

The 2019 Amendments included in the the
definition of
transaction or occurrence which is the subject
compulsory counterclaim the admonition that matter of
failure to
the opposing’s party’s claim.
raise the compulsory counterclaim in the same
action shall
It does not require for its adjudication the
be considered barred unless otherwise allowed
presence of
by the
third parties over whom the court cannot
rules.
acquire

jurisdiction.
Is there an instance where the Rules allow the

prosecution of a counterclaim even it was not

Such counterclaim must be within the
raised in the same action? jurisdiction of the

court both as to amount and nature thereof

(Alba vs.
Yes, under Rule 11 Section 9.
Malapajo, GR No. 198752, January 13, 2016).

Please take note: there is also the same

admonition under Test to determine compulsory

Section 2, Rule 9. counterclaim

Rule11, Section 9 Are the issues of fact and law raised by the
claim and
counterclaim largely the same? is inconsistent with defense of ownership
(Camara vs. Aguilar,

94 Phil. 527)
Would res judicata bar a subsequent suit on
defendant’s

claim about the compulsory counterclaim? In an action by the debtor against the creditor
to prevent

extra-judicial foreclosure of chatter mortgage,

Will substantially the same evidence support or
creditor should file a
refute
counterclaim for mortgage debt and damages,
plaintiff’s claim as well as defendant’s
provided the debt is
counterclaim?
already due (Papa vs. Banaag, 17 SCRA 1093)

Is there any logical relation between the claim

or counter What is the effect of failure to

claim? plead counterclaim?

If all YES, the counterclaim is compulsory A counterclaim not set up shall be barred

(Section 7, Rule 6 and Sec. 2, Rule 11).

NAMARCO doctrine

A counterclaim which either matured or was

Example of compulsory counterclaim acquired by a party after serving his pleading

may,

with the permission of the court, be presented

A counterclaim for damages and attorney’s fees
as
as a result of an
counterclaim by supplemental pleading before
action filed against petitioner is compulsory (Tiu
po vs. Bautista, judgment (Sec. 9, Rule 11).

103 SCRA 388)

Possible Bar Problem

In an action for recovery of possession of real

estate - the expense
A files an ejectment suit against B before the
for clearing and cultivation is a compulsory MTC.
counterclaim even if it
B filed an answer with counterclaim. B claims
that
he should be reimbursed for the improvement that he should be reimbursed for the
he improvement he

introduced to the real property of A. The introduced to the real property of A. The
amount amount of

of counterclaim that B demands is 1M. counterclaim that B demands is 200K.

Can the MTC entertain the counterclaim of Can the RTC entertain the counterclaim of B?

B?

Suggested Answer

Suggested Answer

Yes, the RTC can entertain the counterclaim of

The MTC cannot entertain the entire B.

counterclaim of

B. The entire counterclaim of B is beyond the

While the counterclaim of B is not within the
jurisdiction of the MTC. It is provided in Section
jurisdictional amount of RTC, it can still
7,
entertain the
Rule 6 that the counterclaim must be within the
counterclaim of B. It is provided in Section 7,
jurisdiction of the court both as to the amount Rule 6
and
that if the original action is before the RTC, the
nature thereof. The counterclaim that can be
counterclaim may be considered compulsory
set up
regardless
will only be limited to the jurisdictional amount
of the amount.
of

the MTC.
If the amount of the counterclaim

exceeds the jurisdiction of the

Possible Bar Problem
court, what is the effect?

A files a recovery of possession case against B

before The counterclaim cannot be treated as
the RTC. B filed an answer with counterclaim. B compulsory, but permissive since the
claims
amount exceeds the jurisdiction of the
Court.

A counterclaim is permissive if it does not arise

out or is
What if the amount claimed as
not necessarily connected with the subject
counterclaim is not within the
matter of the
jurisdiction of the RTC, can the latter
opposing party’s claim. It is essentially an
court dismiss said counterclaim? independent

claim that may be filed separately in another

case (Alba
No. When the original action is filed with
vs. Malapajo, GR No. 198752, January 16, 2016).
the RTC, the counterclaim may be

deemed compulsory regardless of the

A counterclaim for damages based on a quasi-
amount (Sec. 7, Rule 6). delict

cannot be pleaded as compulsory counterclaim

Can a party file a Motion to Dismiss with in an

counterclaim? action for unlawful detainer (Arenas vs. CA, 345

SCRA 617, 625-626).

No. If the dismissal of the main action results in

the Alba vs. Malapajo, GR No. 198752,
dismissal of the counterclaim already filed, it January 16, 2016
stands

to reason that the filing of a motion to dismiss

the Alba filed a complaint for recovery of ownership
and/or
complaint is an implied waiver of the
compulsory declaration of nullity or cancellation of title and
damages
counterclaim because the grant of the motion
alleging that the deed of sale which was used to
ultimately results in the dismissal of the cancel his
complaint
title was a forged document and respondent
(Financial Building Corp. vs. Forbes Park was the author
Association, 338 SCRA 346, 354). thereof.

Permissive Counterclaim Malapajo filed an answer with counterclaim

alleging that Alba
obtained a loan from him secured by REM over Alba vs. Malapajo, GR No. 198752,
the subject
January 16, 2016
property. He claimed for damages and for
reimbursement of
There is a logical relationship between the claim
petitioner's loan from them plus the agreed
and the
monthly interest
counterclaim, as the counterclaim is connected
in the event that the deed of sale is declared
with the
null and void on
transaction or occurrence constituting the
the ground of forgery.
subject matter of the

opposing party's claim. Notably, the same

What is the nature of counterclaim? evidence to sustain

respondents' counterclaim would disprove

petitioner's case. In the
Alba vs. Malapajo, GR No. 198752,
event that respondents could convincingly
January 16, 2016
establish that petitioner

actually executed the promissory note and the

Petitioner seeks to recover the subject property real estate
by
mortgage over the subject property in their
assailing the validity of the deed of sale on the favor then petitioner's
subject
complaint might fail. Petitioner's claim is so
property which he allegedly executed in favor of related logically to

respondents Malapajo on the ground of forgery. respondents' counterclaim, such that

conducting separate trials for
Respondents counterclaimed that, in case the
deed of the claim and the counterclaim would result in
the substantial
sale is declared null and void, they be paid the
loan duplication of the time and effort of the court
and the parties.
petitioner obtained from them plus the agreed
monthly

interest which was covered by a real estate Cross-claim

mortgage on

the subject property executed by petitioner in

A cross-claim is any claim by one party
favor of
against a co-party arising out of the
respondents.
transaction or occurrence that is the subject
matter either of the original action or of a Such cross-claim may cover all or

counterclaim therein. Such cross-claim part of the original claim.

may cover all or part of the original

claim. (Section 8, Rule 6). Illustration

RULE 6 Plaintiff sues Defendant 1 and

Section 8; Cross-claim Defendant 2 for collection of loan.

Defendant 1 may file a cross-claim

1997 Rules of Civil Procedure against Defendant 2 if the former

acted only as accommodation party and

2019 Amendments that the actual debtor is Defendant 2

Section 8 Cross-claim. — A cross-claim is any Please take NOTE:

claim by one party against a co-party arising

out of the transaction or occurrence that is A cross-claim must be related to the

the subject matter either of the original action original action or counter-claim therein.

or of a counterclaim therein. Such cross-claim The rules says the cross-claim must arise

may include a claim that the party against “out of the transaction or occurrence

whom it is asserted is or may be liable to the that is the subject matter either of the

cross-claimant for all or part of a claim original action or of a counterclaim

asserted in the action against the therein.” (Sec. 8, Rule 6).

cross-claimant.

What is the effect if a cross-claim is not

Section 8 Cross-claim. - A set-up?

cross-claim is any claim by one party

against a co-party arising out of the It shall be barred (Sec. 2, Rule 9).

transaction or occurrence that is the

subject matter either of the original NOTE: the cross-claim that is considered barred
is
action or of a counterclaim therein.
the cross-claim already existing at the time the

answer is filed, not the cross-claim that may YES.

mature

or may be acquired after service of the answer.

Under Section 9, Rule 11, a cross-claim which
As
matured or was acquired by a party after
to the latter Section 9, Rule 11 declares that it
serving his
may,
pleading may, with permission from the court,
by leave of court, be presented by supplemental
be
pleading before judgment.
presented as a cross-claim by supplemental
pleading

Can cross-claim be set-up for the first before judgment

time on appeal?

May cross-claim which was not set up

NO. because of oversight be still set up?

While defendant may have a definite cause of YES.

action

against the co-defendant, it cannot succeed in

Under Section 10, Rule 11, when pleader
seeking
fails to set up a cross-claim through
judicial sanction against the latter if the records
disclose oversight, inadvertence or execusable
that no cross-claim was interposed, nor was neglect, or when justice requires, he may, by
there a
leave of court, set up the cross-claim by
prayer that the co-defendant should be liable
for all the amendment before judgment.

claims that may be adjudged in favour of the

plaintiff. RULE 6
(Loadmasters Customs Services, Inc., vs. Glodel Section 9; Counter-claim and counter cross-
Brokerage Corp., 639 SCRA 69, 86). claim

May cross-claim which matured after filing 1997 Rules of Civil Procedure

the answer be still set-up?

2019 Amendments

No. This is because all new

Section 9 Counter-counterclaims and matters alleged in the answer are

counter-cross-claims. — A counterclaim deemed controverted. (Section

may be asserted against an original 10, Rule 6).

counter-claimant.

When is the filing of Reply necessary?

A cross-claim may also be filed against an

original cross-claimant. The filing of Reply is necessary when the

defendant attached an actionable document to

his
Section 9 Counter-counterclaims and
or her answer. The Rules says: “In the event of
counter-cross-claims. — A counterclaim
an
may be asserted against an original
actionable document attached to the reply, the
counter-claimant.
defendant may file a rejoinder if the same is
based

A cross-claim may also be filed against an solely on an actionable document.” (Section 10,

original cross-claimant. Rule 6).

Reply RULE 6

Section 10; Reply

A reply is a pleading, the office or

function of which is to deny, or allege 1997 Rules of Civil Procedure

facts in denial or avoidance of new

matters alleged in, or relating to, said 2019 Amendments

actionable document. (Section 10,

Rule 6). Section 10 Reply. — A reply is a pleading, the

office or function of which is to deny, or

As a general rule, is filing of allege facts in denial or avoidance of new

Reply required? matters alleged by way of defense in the

answer and thereby join or make issue as to avoidance of new matters alleged in, or

such new matters. If a party does not file such relating to, said actionable document.

reply, all the new matters alleged in the

answer are deemed controverted. In the event of an actionable document

attached to the reply, the defendant may file a

Section 10 Reply. — All new matters alleged rejoinder if the same is based solely on an

in the answer are deemed controverted. If actionable document.

the plaintiff wishes to interpose any claims

arising out of the new matters so alleged, RULE 6

such claims shall be set forth in an amended Section 10

or supplemental complaint. However, the

plaintiff may file a reply only if the defending Section 10, Rule 6 of the 2019 Amendments
retains the idea that all
party attaches an actionable document to his
new matters alleged in the Answer are deemed
or her answer.
controverted. In this

respect, the filing of Reply may not be

RULE 6 necessary.

Section 10; Reply

However, the filing of Reply may be required if
the defending party
1997 Rules of Civil Procedure
attaches an actionable document to his or her
answer. The plaintiff,
2019 Amendments therefore, has to file a Reply to deny under oath
the due execution or

If the plaintiff wishes to interpose any claims genuineness of the actionable document
attached to the Answer of
arising out of the new matters so alleged,
the defending party.
such claims shall be set forth in an amended

or supplemental complaint.
This idea of filing a Reply cascaded in the
definition of Reply. Thus,
A reply is a pleading, the office or function of reply is a pleading, the office or function of
which is to deny, or allege facts in denial or which is to deny, or allege
facts in denial or avoidance of new matters court, file against a person not a party to the
alleged in, or relating to,
action, called the third (fourth, etc.)-party
said actionable document.
defendant, for contribution, indemnity,

subrogation or any other relief, in respect of

RULE 6
his opponent's claim (Section 11, Rule 6).
Section 10
(CISO in respect of his opponent’s claim)

What is the effect if the plaintiff failed to file a

RULE 6
reply
Section 11; Third, (fourth, etc.)-party complaint
when the defending party attaches actionable

documents upon which he or she bases his or

her 1997 Rules of Civil Procedure
defense?

2019 Amendments
Section 8, Rule 8 will operate. Failure on the
part of the
Section 11 Third, (fourth, etc.)—party
plaintiff to file a reply when the defending party
attaches complaint. — A third (fourth, etc.) — party

actionable documents upon which he or she complaint is a claim that a defending party
bases his or her may, with leave of court, file against a person
defense is an implied admission of the due not a party to the action, called the third
execution and
(fourth, etc.) — party defendant for
genuineness of the said actionable documents.
contribution, indemnity, subrogation or any

other relief, in respect of his opponent's

Thus, the plaintiff will not be permitted to
present evidence claim.

that will be contrary to his implied admission.

Section 11 Third, (fourth, etc.)-party

Third-Party Complaint, etc. complaint. — A third (fourth, etc.)-party

complaint is a claim that a defending party

A third (fourth, etc.)-party complaint is a claim may, with leave of court, file against a person

that a defending party may, with leave of not a party to the action, called the third
(fourth, etc.)-party defendant for the third party claim, etc., must be related to
the
contribution, indemnity, subrogation or any
main action. The third party claim may be
other relief, in respect of his or her
entirely
opponent's claim.
separate and distinct from the main action.

However, the admission of the third party

RULE 6
complaint is subject to the discretion by the
Section 11; Third, (fourth, etc.)-party complaint
Court. It has to be filed with prior leave of court.

1997 Rules of Civil Procedure

RULE 6

Section 11; Third, (fourth, etc.)-party complaint

2019 Amendments

Under the 2019 Amendments, the admission of

The third (fourth, etc.)-party complaint shall the third party

be denied admission, and the court shall complaint, etc., is subject to well defined
parameters.
require the defendant to institute a separate

action, where: (a) the third (fourth, etc.)-

The third party complaint (fourth, etc.,) shall be
party defendant cannot be located within denied if:
thirty (30) calendar days from the grant of

such leave; (b) matters extraneous to the (a) the third (fourth, etc.)- party defendant
issue in the principal case are raised; or (c) cannot be

the effect would be to introduce a new and located within thirty (30) calendar days from
the grant of
separate controversy into the action.
such leave;

RULE 6
(b) matters extraneous to the issue in the
Section 11; Third, (fourth, etc.)-party complaint principal case are

raised; or
Under the old Rule, there is no requirement
that
(c) the effect would be to introduce a new and
separate
controversy into the action. by C against D be allowed?

RULE 6 Answer

Section 11; Third, (fourth, etc.)-party complaint

No. Because the third-party claim of

It can be gleaned from the amendment that C against D is totally unrelated to

somehow, the
the main action. The matters raised
third (fourth, etc.,) party complaint must at
in the third party complaint is
least be
extraneous to the issue in the
related to the main action because the new
Section 11 principal case.
provides that when the matters are extraneous
to
Problem
the issued in the principal case or the effect of
the

third (fourth, etc.,) party complaint would be to A, passenger of a bus owned by B, got in

introduce a new and separate controversy into injured because the bus he was riding was
the bumped by a dump truck owned by C. A filed
action, then the third (fourth, etc.,) party an action for damages against B and C.
complaint must

be denied admission.
B, with leave of Court filed a third-party

complaint against C. The Court admitted the

Problem
third-party complaint.

B and C borrowed P400,000 from A. B, who

Is the Court correct?
received the money from A, gave C

P200,000. C in turn, gave P100,000, by way of

Answer
loan, to D.

No. B cannot anymore file a third-party

If a complaint is filed by A against C,
complaint against C.
should the third party complaint filed
Reason: Section 1; Who may intervene

C is already a party to the case. What he should 1997 Rules of Civil Procedure

have filed is a cross-claim.

2019 Amendments

Please take NOTE:

Section 1. Who may intervene. — A person who

Trial courts are not especially enjoined by has a legal interest in the matter in litigation, or
in
law to admit a third party complaint. They
the success of either of the parties, or an
are vested with discretion to allow or
interest
disallow a party to an action to implead
against both, or is so situated as to be adversely
additional party. Thus, a defendant has no
affected by a distribution or other disposition of
vested right to file a third- party complaint
property in the custody of the court or of an
(China Banking Corp. vs. Padilla, 514 officer

SCRA 35, 42). thereof may, with leave of court, be allowed to

intervene in the action. The court shall consider

Intervention whether or not the intervention will unduly

delay or

prejudice the adjudication of the rights of the

It is a proceeding in a suit or action by which a original
third person is permitted by the court to make parties, and whether or not the intervenor's
himself a party, either by joining the plaintiff in rights

claiming what is sought by the complaint or may be fully protected in a separate

proceeding.
uniting with the defendant in resisting the
claims (2[a], [b]a, R12)

of the plaintiff (Mactan-Cebu International

Airport Authority vs. Heirs of Minoza, Section 1. Who may intervene. — A person who

641 SCRA 520). has a legal interest in the matter in litigation, or

in

the success of either of the parties, or an

RULE 19 interest
against both, or is so situated as to be adversely

affected by a distribution or other disposition of The legal interest must be actual, material,
direct and of
property in the custody of the court or of an
officer an immediate character, not merely contingent
or
thereof may, with leave of court, be allowed to
expectant, so that the intervenor will either gain
intervene in the action. The court shall consider
or lose
whether or not the intervention will unduly
by the direct legal operation of judgment.
delay or

prejudice the adjudication of the rights of the

original Example – a corporate stock holder, cannot
merely on
parties, and whether or not the intervenor’s
rights the basis of being a stock holder has legal
interest to
may be fully protected in a separate
proceeding. (1) intervene in cases involving corporate
properties

(Magsaysay-Labrador vs. CA, GR No. 58168,

Who may intervene?
December 19, 1989).

A person who has a legal interest in the matter

Requisites for intervention
in litigation;

There must be a motion for leave filed before

or in the success of either of the parties,;
rendition

of judgment
or an interest against both, or is so situated as
to
Movant must show in his motion:
be adversely affected by a distribution or other

disposition of property in the custody of the

That he has legal interest in matter of litigation
court
or the

success of the parties in the litigation

(Section 1, Rule 19)

Legal interest against both parties

What is the meaning of “legal interest”?
The movant is to be adversely affected by a
distribution
2.
or other disposition of the property in the
The claims, defenses, and other legal
custody of
contentions are warranted by existing law or
the court.
jurisprudence, or by a non-frivolous argument

for extending, modifying, or reversing existing

PARTS OF PLEADINGS
jurisprudence;

Parts of a Pleading
What is the significance of the

signature of counsel?
What is the significance of the signature

of counsel?
3.

The factual contentions have evidentiary

Under Section 3, Rule 7, “the signature of
support or, if specifically so identified, will
counsel constitutes a certificate by him or her
likely
that he or she has read the pleading and
have evidentiary support after
document; that to the best of his or her
availment of the
knowledge, information, and belief,
modes of discovery under
formed after an inquiry reasonable under the
these rules;
circumstances:

4.
What is the significance of the
The denials of factual contentions are
signature of counsel?
warranted on

the evidence or, if specifically so

1.
identified, are
It is not being presented for any improper
reasonably based on belief or a
purpose, such as to harass, cause unnecessary
lack of information.
delay, or needlessly increase the cost of

litigation;
What is the consequence if the lawyer
violates what he certifies? partner, associate, or employee. The sanction

may include, but shall not be limited to,

The lawyer may receive sanctions from the non-monetary directive or sanction; an order to

Court if he or she violates the rule or reneges on pay a penalty in court; or, if imposed on motion

his or her certification. The sanction may be and warranted for effective deterrence, an
order
extended to the law firm which jointly and
directing payment to the movant of part or all
severally liable for a violation committed by its
of
partner, associate, or employee. (Section 3,
the reasonable attorney’s fees and other
Rule 7). expenses

directly resulting from the violation, including

RULE 7 attorney’s fees for the filing of the motion for

Section 3; Signature and address sanction. The lawyer or law firm cannot pass on

the monetary penalty to the client.

1997 Rules of Civil Procedure

Verification

2019 Amendments
Except when otherwise specifically required by
law or
(c) If the court determines, on motion or motu
rule, pleadings need not be under oath, verified
proprio and after notice and hearing, that this or
rule
accompanied by affidavit.
has been violated, it may impose an appropriate

sanction or refer such violation to the proper

A pleading is verified by an affidavit of an affiant
office for disciplinary action, on any attorney,
law duly authorized to sign said verification. The

firm, or party that violated the rule, or is authorization of the affiant to act on behalf of a

responsible for the violation. Absent party, whether in the form of a secretary’s
exceptional
certificate or a special power of attorney,
circumstances, a law firm shall be held jointly should
and
be attached to the pleading. (Section 4, Rule 7).
severally liable for a violation committed by its
Rule 7 Section 4

Section 4

The amendment must have been inspired by

the
Under 2019 Amendments, a pleading is verified
by ruling of the Supreme Court in the case of Cosco

an affidavit of an affiant duly authorized to sign Philippines Shipping, Inc., vs. Kemper

said verification. The authorization of the affiant Insurance Co, 670 SCRA 343. The SC ruled:

to act on behalf of a party, whether in the form

of a secretary’s certificate or a special power of “We have consistently held that the certification

attorney, should be attached to the pleading. against forum shopping must be signed by the

principal parties. If, for any reason, the principal

This requirement is applicable when the one party cannot sign the petition, the one signing
who on

would verify the pleading is not the party but his behalf must have been duly authorized.”
the one

who was authorized by the party.

What should be attested in the

verification?
RULE 7

Section 4
1.

The allegations in the pleading are true and

The requirement that proof of authority of the correct

affiant who verified for and in behalf of the based on

party
his or her personal knowledge, or based on
must be attached to the pleading was authentic
introduced
documents.
to address, once and for all, the persistent issue

on whether the affiant has the authority to

2.
verify
The pleading is not filed to harass, cause
the pleading for and in behalf of the party.
unnecessary

delay,
Rule 7
or needlessly increase the cost of litigation; and (Section 4, Rule 7).

3. HOWEVER:

The factual allegations therein have evidentiary

support after
Defect in verification does not necessarily
reasonable opportunity for discovery. render

the pleading defective. It is only a formal defect

(Section 4, Rule 7). and not a jurisdictional requirement. The

requirement is a condition affecting only the

form
Rule 7
of the pleading (Benedicto-Munoz vs.
Section 4
Cacho-Olivares, GR No. 179121, November

9, 2015; Waterfront Cebu Casino Hotel vs.

This is an improvement of the old Rule.
Ledesma, GR No. 197556, march 25, 2015).

Under the old Rule what the verification

Certification against forum shopping
attest is only is that affiant has read the

pleading and that the allegations therein are

(a) that he has not theretofore commenced any
true and correct of his knowledge and
action or
belief. Now, the affiant attests that the
filed any claim involving the same issues in any
pleading is not frivolous. court, tribunal

or quasi-judicial agency and, to the best of his

knowledge, no
Please take NOTE:
such other action or claim is pending therein;

A pleading required to be verified that contains

(b) if there is such other pending action or
a verification based on “information and belief,” claim, a complete
or upon “knowledge, information and belief,” or statement of the present status thereof; and
lacks a proper verification, shall be treated as an

unsigned pleading. (c) if he should thereafter learn that the same or

similar
action or claim has been filed or is pending, he
shall report
Hence, with respect to a corporation, the board
that fact within five (5) days therefrom to the of
court wherein
directors or by one who is duly authorized by
his aforesaid complaint or initiatory pleading
resolution of the board of directors; otherwise,
has been filed
the
(Section 5, Rule 7).
complaint will have to be dismissed (Cosco

Philippines Shipping, Inc., vs. Kemper

Who executes the certification against
Insurance Co., 670 SCRA 343, 351-352).
forum shopping?

Under the new RULES:

It is the plaintiff or principal party who executes
the
The authorization of the affiant to
certification under oath (Agustin vs.
act on behalf of a party, whether in
Cruz-Herrera, GR No. 174564, February 2,
the form of a secretary’s certificate
3014). It must be executed by the party pleader,
or a special power of attorney,
not his counsel. If, however, for justifiable
reason. If should be attached to the pleading.
the party-pleader is unable to sign, he must (Section 5, Rule 7).
execute

a special power of attorney designating his

counsel What is the rule if there are several

of record to sign in his behalf (Uy vs. CA, GR No. plaintiffs or petitioners?

173186, September 16, 2019).

The certification against forum

Who signs the certification if the plaintiff shopping must be signed by all the

is a juridical entity? plaintiffs or petitioners in a case;

otherwise, those who did not sign

Certification must be executed by properly will be dropped as parties to the

authorized persons (National Steel Corporation case.

vs. CA, 388 SCRA 85, 91-92).

Is there an exception? summary dismissal with prejudice and would
constitute

direct contempt (Section 5, Rule 7).

YES.

How should the court treat non-compliance

When plaintiffs share a common interest and
with
invoke a common cause of action or defense,
requirements of defective verification and
the signature of only one of them substantially certification

comply with the rules (Basan vs. Coca-Cola against forum shopping.

Bottlers Philippines, GR No. 174365-66,

Febraury 4, 2015; Prince Transport, Inc., Non-compliance with or defect in verification

will not render the
vs. Garcia, 639 SCRA 312).
pleading fatally defective. The defect may be
dispensed with. It is
Effects of non-compliance with the rule on deemed complied with when one who signed it
certification against forum shopping has ample

knowledge and can swear to the truth of the

allegation.
It is a ground for dismissal.

As to certification against forum shopping, non-

The dismissal on this ground is without compliance
prejudice, unless
therewith or defect therein, is generally not
otherwise provided. curable by amendment

or subsequent submission of the correct one. It

Not curable by amendment. can only be

relaxed under special and compelling reason. It

must be signed by
False certification and non-compliance with
undertaking all parties; those who did not sign shall be
considered dropped as
constitute direct contempt.
parties. (Vda. de Formoso vs. PNB, 650 SCRA 35,
44-45).
If forum shopping is wilful or deliberate –
ground for
RULE 7
PARTS AND CONTENTS OF PLEADING said witnesses shall be attached to the pleading
and

form an integral part thereof. Only witnesses

1997 Rules of Civil Procedure
whose judicial affidavits are attached to the

pleading shall be presented by the parties

2019 Amendments
during

trial. Except if a party presents meritorious

NONE
reasons as basis for the admission of additional

witnesses, no other witness or affidavit shall be

Section 6 Contents. — Every pleading stating a
heard or admitted by the court; and
party’s claims or defenses shall, in addition to

those mandated by Section 2, Rule 7, state the

(c) Documentary and object evidence in support
following:
of the allegations contained in the pleading.

(a) Names of witnesses who will be presented

Rule 7
to prove a party’s claim or defense;
Section 6

RULE 7
This is a new provision which revolutionizes the
PARTS AND CONTENTS OF PLEADING format of the complaint

or answer. It is required under Section 6, Rule 7

of the 2019
1997 Rules of Civil Procedure
Amendments to state the following:

2019 Amendments
(a) Names of witnesses who will be presented
to prove a party’s claim
NONE or defense;

(b) Summary of the witnesses’ intended (b) Summary of the witnesses’ intended
testimonies, provided that the judicial affidavits testimonies, provided that the
of judicial affidavits of said witnesses shall be
attached to the pleading and
form an integral part thereof. Section 6

(c) Documentary and object evidence in support Some observations on Section 6, Rule 7.
of the allegations

contained in the pleading.

Section 6 does not provide for the consequence
if the

Rule 7 documentary or object evidence in support of

the allegations
Section 6
were not stated in the pleading. Can a party still
present them as
What is the effect if a party fails to attach to his
evidence?
or her

complaint or answer the affidavit or his or her

witnesses? What if the pleading failed to state the name of
the witnesses and

the nature of their testimony or failed to

A party may not be able to present as witnesses
attached their judicial
those whose
affidavit or failed to state the documentary or
judicial affidavits were not attached to
object evidence in
complaint or answer.
support of the allegation in the pleading? What
Section 6, Rule 7 provides: “Only witnesses
should the court
whose judicial
do?
affidavits are attached to the pleading shall be
presented by the

parties during trial.” The 2019 Amendments did address this

situation.

Can a party present other witnesses in addition

to those Manner of Making Allegations in

whose judicial affidavits are attached to the Pleadings

pleading?

Manner of Making Allegations in Pleadings

Yes, but only for meritorious reasons.

RULE 8
Rule 7
Section 1; In general
1997 Rules of Civil Procedure RULE 8

Section 1

2019 Amendments

Section 1, Rule 8 of the 2019 Amendments

mandates that the pleading
Section 1 In general. — Every pleading shall
not only contain concise and direct statement
contain in a methodical and logical form, a
of the ultimate facts
plain, concise and direct statement of the
constituting party’s claim or defense. It also
ultimate facts on which the party pleading requires to state the

relies for his claim or defense, as the case may evidence needed in order to prove said ultimate
facts.
be, omitting the statement of mere

evidentiary facts.
This is to be consistent with Section 6, Rule 7.

If a defense relied on is based on law, the

This rule can be likened to the Section 3, Rule 3
pertinent provisions thereof and their of the Rules of
applicability to him shall be clearly and Procedure for Environmental Cases which
concisely stated. provides that: “The plaintiff

shall attach to the verified complaint all

evidence proving or supporting
Section 1 In general. — Every pleading shall
the cause of action consisting of the affidavits of
contain in a methodical and logical form, a witnesses,
plain, concise and direct statement of the documentary evidence and if possible, object
ultimate facts, including the evidence on which evidence. The affidavits

the party pleading relies for his or her claim shall be in question and answer form and shall
comply with the rules of
or defense, as the case may be.
admissibility of evidence.”

If a cause of action or defense relied on is

Matters which can be averred generally:
based on law, the pertinent provisions thereof

and their applicability to him or her shall be

Please take NOTE:
clearly and concisely stated.
 statements of a claim or defense alternatively

If one contest the party’s capacity to or hypothetically, either in one cause of

sue, it must be denied specifically with action or defense or in separate causes of

supporting particulars (Sec. 4, Rule 8). action or defenses.”

In pleading judgment, certified true copy How to allege action or defense based on

thereof must be attached (Sec. 6, actionable document

Rule).

SECTION 7.

Matters which must be specifically averred Action or Defense Based on Document.

— Whenever an action or defense is based

upon a
In all averments of fraud or mistake, the
written instrument or document, the substance
circumstances constituting fraud or mistake
of such
must be stated with particularity (Section
instrument or document shall be set forth in the
5, Rule 8).
pleading, and the original or a copy thereof shall
be

It is not enough for the complaint to allege attached to the pleading as an exhibit, which
shall be
that he was defrauded by the defendant.
deemed to be a part of the pleading, or said
Under the provision, the complaint must copy may
state with particularity the fraudulent acts with like effect be set forth in the pleading (Rule
of the adverse party. 8).

Is pleading different causes of action or How to contest such document

defense permissible?
When an action or defense is founded upon a
written
YES.
instrument, copied in or attached to the
corresponding
Under Section 2, Rule 8, it is provided that pleading as provided in the preceding section,
“a party may set forth two or more the
genuineness and due execution of the
instrument shall be
The party charged signed the document in some
deemed admitted unless the adverse party, other
under
capacity than that alleged in the pleading
oath, specifically denies them, and sets forth
what he
The document was never delivered
claims to be the facts; but the requirement of
an oath

does not apply when the adverse party does not Document was not in the words and figures as
appear to be set out in
a party to the instrument or when compliance the pleading
with an order

for an inspection of the original instrument is

refused (See: Hibberd vs. Rohde and Mcmillian, 32 Phil.

(Section 8, Rule 8) . 476; Imperial Textile Mills vs. CA, 183 SCRA 584)

Effect of failure to deny under oath the How to deny the allegation in the complaint

due execution and genuineness

A defendant must specify each material
allegation of fact the
“instrument shall be deemed
truth of which he does not admit and,
admitted unless the adverse party, whenever practicable,
under oath, specifically denies them, and shall set forth the substance of the matters
upon which he
sets forth what he claims to be the
relies to support his denial. Where a defendant
facts” (Section 8, Rule 8)
desires to

deny only a part of an averment, he shall specify

What defenses are cut off by the implied so much of it

admission? as is true and material and shall deny only the

remainder.

Where a defendant is without knowledge or

Forgery of document
information

sufficient to form a belief as to the truth of a

Lack of authority to execute the document material
averment made in the complaint, he shall so Camitan vs. CA, 511 SCRA 364, 373).
state, and this

shall have the effect of a denial (Section 10,

What is a negative pregnant?
Rule 8).

It is a negative implying also an affirmative and

Manner of denying an allegation
which,

although stated in a negative form, really

Effect of failure to deny specifically admits the

allegations to which it relates (Black’s Law

Material averment in the complaint, other Dictionary).

than those as to the amount of unliquidated

damages, shall be deemed admitted when It is a form of negative expression which carries
with
not specifically denied. Allegations of usury in
it an affirmation or at least an implication of
a complaint to recover usurious interest are
some
deemed admitted if not denied under oath
kind favorable to the adverse party (Valdez vs.
(Section 11, Rule 8).
Dabon, Jr., A.C. No. 7353, November 16,

2015).
Please take NOTE:

Negative pregnant is not a specific denial. It is

When the defendant alleges having no an
knowledge
admission.
or information sufficient to form a belief as to

the truth of the allegations of the other party

RULE 8
but
Section 12; Affirmative defenses
such matters are plainly and necessarily within

defendant’s knowledge, a claim of “ignorance

or 1997 Rules of Civil Procedure

lack of information” will not be considered a

specific denial, hence, implied admission 2019 Amendments

(Acquintey vs. Tibong, 515 SCRA 414, 433;

Section 12 Striking out of pleading or matter That the venue is improperly laid;

contained therein. — Upon motion made by a

party
That the plaintiff has no legal capacity to sue;
before responding to a pleading or, if no
responsive
That the pleading asserting the claim states no
pleading is permitted by these Rules, upon
motion cause of action; and
made by a party within twenty (20) days after
the
That the condition precedent for filing the claim
service of the pleading upon him, or upon the
court's has not been coplied with.

own initiative at any time, the court may order

any RULE 8
pleading to be stricken out or that any sham or Section 12; Affirmative defenses
false,

redundant, immaterial, impertinent, or

scandalous 1997 Rules of Civil Procedure

matter be stricken out therefrom.

2019 Amendments

*now section 13 with minor amendments

(b) Failure to raise the affirmative defenses at
the
Section 12 Affirmative defenses- (a) A
defendant shall earliest opportunity shall constitute a waiver

raise his or her affirmative defenses in his or her thereof.

answer, which shall be limited to the reasons

set (c) The court shall motu proprio resolve the
forth under Section 5 (b), Rule 6, and the above
following affirmative defenses within thirty (30) calendar
grounds: days

from the filing of the answer.

That the court has no jurisdiction over the

person of the defending party; RULE 8

Section 12; Affirmative defenses

 defense. Under the new rule, affirmative
defenses are
1997 Rules of Civil Procedure
not limited to those matters stated in Section 5
(b),
2019 Amendments
Rule 6. Affirmative defenses must now include
the

(d) As to the other affirmative defenses under different grounds for a motion to dismiss under
the Section

first paragraph of Section 5(b), Rule 6, the court 1, Rule 16 of the old Rules.
may

conduct a summary hearing within fifteen (15)

This should be read in conjunction with Section
calendar days from the filing of the answer.
5, Rule 6.
Such

affirmative defenses shall be resolved by the

court RULE 8

within thirty (30) calendar days from the Section 12

termination

of the summary hearing.

What are the other grounds which must be
alleged

(e) Affirmative defenses, if denied, shall not be as affirmative defenses?

the

subject of a motion for reconsideration or

1)
petition
That the court has no jurisdiction over the
for certiorari, prohibition or mandamus , but
person of
may be
the defending party;
among the matters to be raised in appeal after a

judgement on the merits.

2)

That the venue is improperly laid;

RULE 8

Section 12
3)

That the plaintiff has no legal capacity to sue;

Section 12, Rule 8 of the 2019 Amendments

substantially changed the concept of affirmative

4) (30) calendar days from the filing of the answer.

That the pleasing asserting the claim states no (Section 12, Rule 8). It is not necessary for the

cause of Court to conduct a hearing before it can resolve

action; and these grounds.

5) RULE 8

That the condition precedent for filing the claim Section 12

has

not been copied with. PLEASE TAKE NOTE:

RULE 8 With respect to affirmative defenses Section 5

Section 12 (b), Rule 6, the Court shall resolve the same

within thirty (30) calendar days from the

What is the effect of failure to plead those termination of the summary hearing.

grounds as affirmative defenses?

Hearing, therefore, may be required by the

court
Failure to raise the affirmative defenses at
which must be summary.
the earliest opportunity shall constitute a

waiver thereof (Section 12, Rule 8).

RULE 8

Section 12
RULE 8

Section 12
PLEASE TAKE NOTE ALSO:

What should be the action of the court on the

Affirmative defenses, if denied, shall not be
affirmative defenses?
the subject of a motion for reconsideration

or petition for certiorari, prohibition or

The court shall motu proprio resolve the
mandamus , but may be among the matters
affirmative defenses under Section 12 within
thirty to be raised in appeal after a judgement on
the merits.

YES.

Amended and Supplemental

Pleadings Provided the Order of dismissal is not

yet final and executory (Bautista vs.

When is amendment a matter of right? Maya-Maya Cottages, 476 SCRA

416, 419).

A party may amend his pleading once as

a matter of right at any time before a May amendment be made to correct the

responsive pleading is served or, in the jurisdictional defect before responsive pleading

case of a reply, at any time within ten is filed?

(10) calendar days after it is served

(Section 2, Rule 10). YES.

May the complaint be amended as a matter of Because amendment is a matter of right.

right after a Motion to Dismiss is served?

Please read: Gumabay vs. Baralin, 77 SCRA 258.

YES.

A complaint was filed for forcible entry before

the RTC.
Because a Motion to dismiss is not a responsive
Defendant filed a motion to dismiss for lack of
pleading and its filing does not preclude the
jurisdiction. Plaintiff amended his compliant and
exercise of the plaintiff’s right to amend his
transformed it into quieting of title. The SC
complaint (Alpine Lending Investor vs.
ruled that it
Corpuz, 508 SCRA 45, 48-49; Republic vs.
may be allowed because amendment is a
Ilao, 4 SCRA 106; Remington Industrial matter of right.

Sales vs. CA, 382 SCRA 499, 506)

Amendment with leave of court

If the motion to dismiss is granted, may a

compliant be amended as a matter of right?

Except as provided in the next preceding appears to the court that the motion was made
Section, substantial
with intent to delay. Orders of the court upon
amendments may be made only upon leave of
the matters provided in this section shall be
court. But such
made
leave shall be refused if it appears to the court
upon motion filed in court, and after notice to
that the
the
motion was made with intent to delay or confer
adverse party, and an opportunity to be heard.
jurisdiction on the court, or the pleading stated
(3a)
no

cause of action from the beginning which could

be Section 3. Amendments by leave of court. —
amended. Orders of the court upon the matters Except as provided in the next preceding
provided Section,
in this Section shall be made upon motion filed substantial amendments may be made only
in court, and upon
after notice to the adverse party, and an leave of court. But such leave shall be refused if
opportunity to be it
heard (Section 3, Rule 10). appears to the court that the motion was made

with intent to delay or confer jurisdiction on

RULE 10 the court, or the pleading stated no cause
Section 3; Amendments by leave of court. of action from the beginning which could

be amended. Orders of the court upon the

1997 Rules of Civil Procedure matters provided in this Section shall be made

upon motion filed in court, and after notice to

the
2019 Amendments
adverse party, and an opportunity to be heard.

(3a)
Section 3. Amendments by leave of court. —

Except as provided in the next preceding

section, RULE 10
substantial amendments may be made only Section 3
upon

leave of court. But such leave may be refused if

it
Section 3 of the 2019 Amendments emphasizes This is because the court must first acquire
that jurisdiction over

if respondent pleading has already been filed, the subject matter in order to act validly on the
same
substantial amendment may be made only by
leave of including its amendment (Gaspar vs. Dorado, 15
SCRA
court.
331, 334).

However, leave of court shall be denied if the

motion May amendment be made to correct the

was made 1) with the intent to delay; 2) confer jurisdictional defect after responsive

jurisdiction on the court; 3) or the pleading pleading is filed?

stated

no cause of action from the beginning which

NO.
could be

amended.
Complaint cannot be amended to confer
jurisdiction on the
RULE 10
court in which it was filed, if the cause of action
Section 3 originally set

forth was not within the court’s jurisdiction

(Campos
Leave of court shall be denied if the purpose of
amendment Rueda Corp. vs. Baustista, 6 SCRA 240, 244).

is to confer jurisdiction after the responsive

pleading is filed.
This is because the court must first acquire
jurisdiction over

Complaint cannot be amended to confer the subject matter in order to act validly on the
jurisdiction on the same

court in which it was filed, if the cause of action including its amendment (Gaspar vs. Dorado, 15
originally set SCRA

forth was not within the court’s jurisdiction 331, 334)

(Campos

Rueda Corp. vs. Baustista, 6 SCRA 240, 244).

Problem
Debtor executed 3 PN’s in favour of the a cause of action may be cured by evidence
Creditor. One presented

of the PN’s became due and demandable. Thus, during the trial. However, the curing effect
debtor under

not paying the PN, creditor filed a collection suit Section 5 is applicable only if a cause of action
against in fact

the debtor. While the case is pending, the other exists at the time the complaint is filed, but the
PNs
complaint is defective for failure to allege the
became due and demandable also. The Creditor essential facts
included
(Swagman Hotels and Travel vs. CA, 455 SCRA
the last two PN as evidences in the case 175).
pending. It was

introduced without the objection of the

No need to file motion to amend to
Debtor?
conform to evidence

Can the Court render judgment on the last two

When issues not raised by the pleadings are
PNs?
tried

with the express or implied consent of the

Answer
parties, they shall be treated in all respects as if

they had been raised in the pleadings. No

NO.
amendment of such pleadings deemed

amended is necessary to cause them to

Section 5 thereof applies to situations wherein
conform to the evidence (Section 5, Rule
evidence
10).
not within the issues raised in the pleadings is
presented

by the parties during the trial, and to conform RULE 10

to such
Section 5; No amendment necessary to conform
evidence the pleadings are subsequently to or authorize
amended on
presentation of evidence
motion of a party. Thus, a complaint which fails
to state
1997 Rules of Civil Procedure
2019 Amendments What is the effect amendment?

Section 5. Amendment to conform to or It supersedes the pleading that it amends

authorize presentation of evidence. — When (Section 8, Rule 10).

issues not raised by the pleadings are tried with

the express or implied consent of the parties The admission made in the superseded
they
pleading may be received in evidence against
shall be treated in all respects as if they had
the pleader (Section 8, Rule 10). It is
been
treated as extra-judicial admission (Torres
raised in the pleadings. Such amendment of the
vs. CA, 131 SCRA 24, 35).
pleadings as may be necessary to cause them to

conform to the evidence and to raise these

issues Is summons required to be issued after a
may be made upon motion of any party at any complaint is amended?
time, even after judgment; but failure to amend

does not effect the result of the trial of these If the summons have already been served, there
is
issues. If evidence
NO need for the issuance of another summons

because the Court has already acquired

Section 5. No amendment necessary to conform
jurisdiction
to or authorize presentation of evidence. —
over the person of the defendant.
When issues not raised by the pleadings are
tried
However, if the complaint was amended prior
with the express or implied consent of the
to
parties,
the service of summons, new summons is
they shall be treated in all respects as if they
needed
had
for the amended complaint (Vlason vs.
been raised in the pleadings. No amendment of
Enterprise Corp. vs. CA, 310 SCRA 26,
such pleadings deemed amended is
57-58).
necessary to cause them to conform to the

evidence. (5a)
Supplemental Pleading

What is the effect if compulsory and

Supplemental pleading is one which cross-claim are not set-up?

forth transactions, occurrences or

events which have happened since the DEFAULT

date of the pleading sought to be

supplemented (Sec. 6, Rule 10). If the defending party fails to answer within the
time

allowed therefor, the court shall, upon motion

Please take NOTE:
of the

claiming party with notice to the defending

When the cause of action in the supplemental party, and

complaint is different from the cause of action proof of such failure, declare the defending
party in
mentioned in the original complaint, the court
default. Thereupon, the court shall proceed to
should not admit the supplemental complaint render
(APT vs. CA, 324 SCRA 533). Its usual judgment granting the claimant such relief as
office is to set up new facts which justify, his pleading

enlarge or change the kind of relief with may warrant, unless the court in its discretion
requires
respect to the same subject matter as the
the claimant to submit evidence. Such reception
controversy referred to in the original of
complaint (Chan vs. Cahn, 569 SCRA 106). evidence may be delegated to the clerk of court

(Section 3, Rule 9).

Effect of Failure to Plead

Period to file Answer to Complaint

What is the effect if defenses and

objections are not pleaded in the answer Section 1. Answer to the complaint.
or motion to dismiss? — The defendant shall file his or her

answer to the complaint within

Sec. 1, thirty (30) calendar days after
Rule 9 service of summons, unless a different
period is fixed by the court (Rule 11). Allow the plaintiff to present evidence ex-parte.

Requisites before a defending party may Court shall render judgment granting the
claimant such
be declared in default?
relief as his pleading may warrant, unless the
court in its
Jurisdiction over the person
discretion requires the claimant to submit
evidence. Such

Filing of motion reception of evidence may be delegated to the

clerk of

court. (Sec. 3, Rule 9).

Proof that defending party failed to answer
within the

period A judgment rendered against a party in default

shall not

exceed the amount or be different in kind from

Must be notified of the motion that prayed

for nor award unliquidated damages (Sec. 3(d),

There must be hearing, optional on the part the Rule 9).
court

What should the court do if some of the

(see: Spouses de los Santos vs. Carpio, 501 SCRA defendant files answer and others do not
390, 399-400) and the complaint asserts common cause

of action against all the defendants?

What is the effect of declaration of

default? When a pleading asserting a claim states a

common

A party in default shall be entitled to notice of cause of action against several defending
subsequent parties, some of

proceedings, but not to take part in the trial whom answer and the others fail to do so, the
(Sec. 3(a), court

Rule 9). shall try the case against all upon the answers
thus filed
and render judgment upon the evidence other reason?
presented (Sec.

3(c), Rule 9).

YES.

Answer was filed beyond the reglamentary

If a disobedient party refuses to obey an order
period but before declaration of default
requiring him to comply with various modes of

discovery (Sec. 3 (c), Rule 29).

Where the answer is filed beyond the
reglementary period
If a party or officer or managing agent of party
but before the defendant is declared in default
fails
and there is no
to appear before the officer who is to take his
showing that defendant intends to delay the
case, the answer deposition, or a party fails to serve answer to
should be admitted (San Pedro Cineflex interrogatories (Sec. 5, Rule 29).
Properties, Inc.

vs. Heirs of Manuel Humada Erano, 635 SCRA

421, When to file Responsive Pleading

424-425).
When to responsive pleading?

The Court can still admit the answer even if it

was filed out Answer to complaint – 30 days after service of
of time because, at the time of filing, defendant Summons
were not yet (Section 1, Rule 11).
declared in default nor was a motion to declare
them in
Answer of a defendant foreign private juridical
default ever filed (Sablas vs. Sablas, 526 SCRA entity when
292,
summons is made on government official
297). designated by law to

receive the same – 60 days from receipt of

Remedies of defending party declared in default summons

(Section 2, Rule 11).

May a party be declared in default for

Answer to amended complaint – 30 days if defendant may, for meritorious reasons, be
amendment is a granted

matter or right or 15 days if amendment is not a an additional period of not more than thirty (30)
matter
calendar days to file an answer. A defendant is
of right. This rule shall apply to answer to only
amended
allowed to file one (1) motion for extension of
counterclaim, cross-claim, third (fourth, etc.,) time
complaint
to file an answer.
or complaint-in-intervention (Section 2, Rule
11).
A motion for extension to file any pleading,
other
When to responsive pleading?
than an answer, is prohibited and considered a
mere

Answer to counterclaim or cross-claim – 20 days scrap of paper. The court, however, may allow
any
from service (Section 4, Rule 11).
other pleading to be filed after the time fixed by

these Rules (Section 11, Rule 11).

Answer to Third party, etc., - 30 days (Section 5,

Rule 11).
RULE 11

Section 11
Reply under Section 10, Rule 6, – 15 days from

service (Section 6, Rule 11).

Under the new rule, only one motion for

extension time to file Answer may be granted

Answer to supplemental complaint – 20 days
by
from
the court. The court can grant another 30 days
notice of the order admitting (Section 7, Rule
to
11).
file an Answer.

Motion for Extension of Time

A motion for extension to file any pleading,
other

Section 11. Extension of time to file an answer. than an answer, is prohibited and considered a
—A
mere scrap of paper. The court, however, may
allow any other pleading to be filed after the other than an answer, is prohibited and
time
considered a mere scrap of paper. The
fixed by these Rules.
court, however, may allow any other

pleading to be filed after the time fixed by

RULE 11
these Rules. (11a)
Section 11; Extension of time

Filing and Service of Pleadings,

1997 Rules of Civil Procedure
Judgments and Other Papers

2019 Amendments
RULE 13

Section 1; Coverage
Section 11. Extension of time to plead. — Upon

motion and on such terms as may be just, the

1997 Rules of Civil Procedure
court may extend the time to plead provided in

these Rules.
2019 Amendments

The court may also, upon like terms, allow an

Section 1. Coverage. — This Rule shall
answer or other pleading to be filed after the
govern the filing of all pleadings and
time fixed by these Rules. (7)
other papers, as well as the service

thereof, except those for which a

Section 11. Extension of time to file an answer.
different mode of service is prescribed.
— A defendant may, for meritorious
(n)
reasons, be granted an additional period of

not more than thirty (30) calendar days to

Section 1. Coverage. — This Rule
file an answer. A defendant is only allowed
shall govern the filing of all
to file one (1) motion for extension of time
pleadings, motions, and other
to file an answer.
court submissions, as well as

their service, except those for

A motion for extension to file any pleading,
which a different mode of service is
prescribed. (1a) Service is the act of providing a party with a
copy

of the pleading or paper concerned. If any party

RULE 13
has appeared by counsel, service upon him shall
Section 1
be made upon his counsel or one of them,
unless
Rule 13 governs the rule on the filing and
service upon the party himself is ordered by the
service
court. Where one counsel appears for several
of pleadings, motions and other court
parties, he shall only be entitled to one copy of
submissions.
any paper served upon him by the opposite
side.
There are documents filed in court which are
(2a)
not

within the category of pleadings or motions. For

Section 2. Filing and Service, defined. — Filing is
instance, manifestations, formal offer evidence,
or the act of submitting the pleading or other

entry of appearance. These are court paper to the court.

submissions.

Service is the act of providing a party with a

RULE 13 copy

Section 2; Filing and Service, defined of the pleading or any other court submission.

If a party has appeared by counsel, service upon

1997 Rules of Civil Procedure such party shall be made upon his or her

counsel, unless service upon the party and the

2019 Amendments party’s counsel is ordered by the court. Where

one counsel appears for several parties, such

Section 2. Filing and service, defined. — Filing is counsel shall only be entitled to one copy of any

the act of presenting the pleading or other paper served by the opposite side.
paper

to the clerk of court.

RULE 13

Section 2; Filing and Service, defined

 upon a party, when the party is

1997 Rules of Civil Procedure represented by counsel of record, is a

patent nullity and is not binding upon the

2019 Amendments party wrongfully served (Republic vs.

Caguioa, 671 SCRA 306, 317).

Where several counsels appear

for one party, such party shall be RULE 13

entitled to only one copy of any Section 3; Manner of filing

pleading or paper to be served

upon the lead counsel if one is 1997 Rules of Civil Procedure

designated, or upon any one of

them if there is no designation of 2019 Amendments

a lead counsel. (2a)

Section 3. Manner of filing. — The filing of

RULE 13 pleadings, appearances, motions, notices,

Section 2 orders, judgments and all other papers shall

be made by presenting the original copies

Section 2 mandates that if a party is thereof, plainly indicated as such, personally to

represented by several counsels, such party the clerk of court or by sending them by

is entitled only to one copy of the pleading registered mail. In the first case, the clerk of

or paper, to be served upon the lead court shall endorse on the pleading the date

counsel. Should there be no designated lead and hour of filing. In the second case, the

counsel, to anyone of the counsels of the

party. Section. 3. Manner of filing. — The filing of

pleadings and other court submissions shall be

Please take NOTE: made by:

Subject to compelling reasons involving (a) Submitting personally the original

substantial justice, service of a petition thereof, plainly indicated as such, to the

court; on the pleading the date and hour of filing. In
the

second and third cases, the date of the mailing

(b) Sending them by registered mail;
of motions, pleadings, and other court

submissions, and payments or deposits, as

(c) Sending them by accredited courier; or
shown

by the post office stamp on the envelope or the

RULE 13
registry
Section 3; Manner of filing

RULE 13
1997 Rules of Civil Procedure
Section 3; Manner of filing

2019 Amendments
1997 Rules of Civil Procedure

date of the mailing of motions, pleadings, or any

2019 Amendments
other papers or payments or deposits, as shown

by the post office stamp on the envelope or the

receipt, shall be considered as the date
registry receipt, shall be considered as the date
of their filing, payment, or deposit in
of
court. The envelope shall be attached
their filing, payment, or deposit in court. The
to the record of the case. In the
envelope shall be attached to the record of the
fourth case, the date of electronic
case. (1a)
transmission shall be considered

as the date of filing. (3a)

(d) Transmitting them by electronic mail or

other electronic means as may be

RULE 13
authorized by the Court in places where
Section 3
the court is electronically equipped.

Section 3 of the new Rules expands the manner

In the first case, the clerk of court shall endorse
of

filing. Filing can be made in four ways:

 (c) In the fourth case, the date of electronic

(a) transmission shall be considered as the date of

filing.
Submitting personally the original thereof,
plainly

indicated as such, to the court; RULE 13

Section 4; Papers required to be filed and filed

(b) Sending them by registered mail;

1997 Rules of Civil Procedure

(c) Sending them by accredited courier;

2019 Amendments

(d)Transmitting them by electronic mail or other

electronic means as may be authorized by the Section 4. Papers required to be filed

Court in
and served. — Every judgment,
places where
resolution, order, pleading subsequent to
the court is electronically equipped.
the complaint, written motion, notice,

appearance, demand, offer of judgment

RULE 13
or similar papers shall be filed with the
Section 3
court, and served upon the parties

affected. (2a)
When is the pleading, motion or other court

submissions considered filed?

Section 4. Papers required to be filed

and served. – Every judgment, resolution,

(a)
order, pleading subsequent to the
When filed personally, upon the receipt of the
complaint, written motion, notice,
court;
appearance, demand, offer of judgment

or similar papers shall be filed with the

(b)When filed registered mail or accredited
court, and served upon the parties
courier,
affected. (4)
the date of mailing;
RULE 13 Under the new rule, there are five methods of
service:
Section 5; Modes of Service

1.
1997 Rules of Civil Procedure
Personal service

2019 Amendments
2.

By registered mail
Section 5. Modes of service. — Service of

pleadings motions, notices, orders, judgments

3.
and other papers shall be made either
By accredited courier service
personally or by mail. (3a)

4.
Section 5. Modes of Service. —
Electronic mail, facsimile transmission, other
Pleadings, motions, notices, orders,
electronic
judgments, and other court
means as may be authorized by the
submissions shall be served
Court,
personally or by registered mail,

accredited courier, electronic mail,

5.
facsimile transmission, other
Service or as provided for in international
electronic means as may be
conventions to
authorized by the Court, or as
which the Philippines is a party.
provided for in international
(Convention of 15
conventions to which the
November 1965 on the
Philippines is a party. (5a)
Service Abroad of Judicial and

Extrajudicial
RULE 13
Documents in Civil or Commercial
Section 4
Matters)
RULE 13 or her office, or his or her office is not known,

Section 6; Personal Service or he or she has no office, then by leaving the

copy, between the hours of eight in the

morning
1997 Rules of Civil Procedure
and six in the evening, at the party's or
counsel's
2019 Amendments
residence, if known, with a person of sufficient
age

Section 6. Personal service. — Service of the and discretion residing therein. (6a)

papers may be made by delivering

personally a copy to the party or his counsel, or RULE 13

by leaving it in his office with his clerk or with a Section 6

person having charge thereof. If no person is

found in his office, or his office is not known, or Under the new rule, personal service may

he has no office, then by leaving the copy, be made not only to party or the party’s

between the hours of eight in the morning and counsel, but also to party’s authorized
six
representatives named in the appropriate
in the evening, at the party's or counsel's
pleading or motion.
residence, if known, with a person of sufficient
age
RULE 13
and discretion then residing therein. (4a)
Section 7; Service by mail

Section 6. Personal Service. — Court

1997 Rules of Civil Procedure
submissions may be served by personal

delivery of a copy to the party or to the

2019 Amendments
party’s counsel, or to their authorized

representative named in the appropriate

Section 7. Service by mail. — Service by
pleading or motion, or by leaving it in his or
registered mail shall be made by depositing the
her office with his or her clerk, or with a person
copy in the post office in a sealed envelope,
having charge thereof. If no person is found in
his plainly addressed to the party or his counsel at
his office, if known, otherwise at his residence,
if
1997 Rules of Civil Procedure
known, with postage fully prepaid, and with

instructions to the postmaster to return the

2019 Amendments
mail

to the sender after ten (10) days if undelivered.

If Section 8. Substituted service. — If service
no registry service is available in the locality of of pleadings, motions, notices, resolutions,
either the senders or the addressee, service orders and other papers cannot be made
may
under the two preceding sections, the office
be done by ordinary mail. (5a; Bar Matter No.
and place of residence of the party or his
803, 17 February 1998)
counsel being unknown, service may be made

by delivering the copy to the clerk of court,

Section 7. Service by mail. — Service by
with proof of failure of both personal service
registered mail shall be made by depositing the
and service by mail. The service is complete
copy in the post office, in a sealed envelope,
at the time of such delivery. (6a)
plainly addressed to the party or to the party’s

counsel at his or her office, if known, otherwise

Section 8. Substituted service. – If service of
at his or her residence, if known, with postage
pleadings, motions, notices, resolutions,
fully pre-paid, and with instructions to the
orders and other papers cannot be made
postmaster to return the mail to the sender
after under the two preceding sections, the office

ten (10) calendar days if undelivered. If no and place of residence of the party or his or

registry service is available in the locality of her counsel being unknown, service may be
either made by delivering the copy to the clerk of
the sender or the addressee, service may be court, with proof of failure of both personal
done
service and service by mail. The service is
by ordinary mail. (7a)
complete at the time of such delivery. (8a)

RULE 13
RULE 13
Section 8; Substituted service
Section 9; Service by electronic means and facsimile shall be made if the party concerned
facsimile
consents to such modes of service.

1997 Rules of Civil Procedure

If a party consents, service by electronic means
shall be

2019 Amendments made by sending an e-mail to the party’s or

counsel’s

electronic mail address, or through other

NONE
electronic means

of transmission as the parties may agree on, or

Section 9. Service by electronic means and upon
facsimile.
direction of the court.
— Service by electronic means and facsimile

shall be made if the party concerned consents

Service by facsimile shall be made by sending a
to such modes of service. facsimile

copy to the party’s or counsel’s given facsimile

number.
Service by electronic means shall be made by

sending an e-mail to the party’s or counsel’s

RULE 13
electronic mail address, or through other
Section 10; Presumption service
electronic means of transmission as the parties

may agree on, or upon direction of the court.

1997 Rules of Civil Procedure

Service by facsimile shall be made by sending a

2019 Amendments
facsimile copy to the party’s or counsel’s given

facsimile number.
NONE

RULE 13
Section 10. Presumptive service. —
Section 9
There shall be presumptive notice

to a party of a court setting if such

Under this section, service by electronic means
and notice appears on the records to
have been mailed at least twenty facsimile number

(20) calendar days prior to the

scheduled date of hearing and if the 1997 Rules of Civil Procedure

addressee is from within the same

judicial region of the court where 2019 Amendments

the case is pending, or at least

thirty (30) calendar days if the Section 11. Change of electronic mail address or

addressee is from outside the facsimile number. — A party who changes his

judicial region. (n) or her electronic mail address or facsimile

number while the action is pending must

RULE 13 promptly file, within five (5) calendar days

Section 10 from such change, a notice of change of

e-mail address or facsimile number with

There is now a presumptive notice of court the court and serve the notice on all other
setting.
parties.

Notice of court setting is presumptively received

Service through the electronic mail address
if it
or facsimile number of a party shall be
appears from the record that the same has
been mailed presumed valid unless such party notifies
at least 20 calendar days prior to the scheduled the court of any change, as
hearing if the addressee is from within the same aforementioned. (n)
judicial

region of the court where the case is pending.

RULE 13

Section 11
If outside judicial region, it will be 30 calendar
days.
A party who changes his e-mail address or
facsimile
RULE 13
number while the action is pending is bound to
Section 11; Change of electronic mail address or
promptly inform the court of such change number, case title and the pleading,
within a
order or document title. The title of
period of five (5) calendar days from such
each electronically-filed or served
change.
pleading or other document, and each

submission served by facsimile shall

Please take NOTE:
contain sufficient information to

enable the court to ascertain from the

Service through the electronic mail address or
facsimile title:
number of a party shall be presumed valid
unless such
RULE 13
party notifies the court of any change, as
Section 12; Electronic mail and facsimile subject
aforementioned. and title

of pleadings and other documents

RULE 13

Section 12; Electronic mail and facsimile subject 1997 Rules of Civil Procedure
and title

of pleadings and other documents

2019 Amendments

1997 Rules of Civil Procedure

NONE

2019 Amendments
(a) the party or parties filing or

serving the paper, (b) nature of the

NONE
paper, (c) the party or parties

against whom relief, if any, is

Section 12. Electronic mail and facsimile
sought, and (d) the nature of the
subject and title of pleadings and other
relief sought. (n)
documents. — The subject of the

electronic mail and facsimile must

RULE 13
follow the prescribed format: case
Section 13; Service of judgments, Final orders or or her shall be served upon him or her also by
Resolutions
means of publication at the expense of the

prevailing party. (9a)

1997 Rules of Civil Procedure

RULE 13
2019 Amendments
Section 13

Section 9. Service of judgments, final orders, or

As a rule, judgments, final orders, or
resolutions. — Judgments, final orders or
resolutions shall be served either personally
resolutions shall be served either personally or
or by registered mail.
by

registered mail. When a party summoned by

However, upon ex parte motion of any
publication has failed to appear in the action,
party in the case, a copy of the
judgments, final orders or resolutions against
him judgment, final order, or resolution
shall be served upon him also by publication at may be delivered by accredited
the
courier at the expense of such party.
expense of the prevailing party. (7a)

RULE 13
Section 13. Service of Judgments, Final Orders
Section 14; Conventional service of filing of
or Resolutions. — Judgments, final orders, or orders, pleadings and other
resolutions shall be served either personally or document
by

registered mail. Upon ex parte motion of any

1997 Rules of Civil Procedure
party in the case, a copy of the judgment,

final order, or resolution may be delivered

2019 Amendments
by accredited courier at the expense of

such party. When a party summoned by

NONE
publication has failed to appear in the action,

judgments, final orders or resolutions against

him Section 14. Conventional service or filing of
orders, pleadings and other documents. records. (n)

– Notwithstanding the foregoing, the RULE 13

following orders, pleadings, and other Section 14

documents must be served or filed

personally or by registered mail when There are pleadings and other documents which
must be
allowed, and shall not be served or filed
filed or served personally or by registered mail:
electronically, unless express permission is

granted by the Court:

1.

Initiatory pleadings and initial responsive

RULE 13
pleadings, such as an
Section 14
answer;

1997 Rules of Civil Procedure

2.

Subpoenae, protection orders, and writs;

2019 Amendments

3.
(a) Initiatory pleadings and initial
Appendices and exhibits to motions, or other
responsive pleadings, such as an answer;
documents

that are not readily amenable to

(b) Subpoenae, protection orders, and writs;
electronic

scanning may, at
(c) Appendices and exhibits to motions, or
the option of the party filing such, be filed and
other documents that are not readily
served
amenable to electronic scanning may, at
conventionally; and
the option of the party filing such, be filed

and served conventionally; and

4.

Sealed and confidential documents or records.

(d) Sealed and confidential documents or
 unless the court otherwise provides. Service by

HOWEVER, they may be filed or served through registered mail is complete upon actual receipt
other means, by

upon express permission from the court. the addressee, or after five (5) calendar days

from the date he or she received the first notice

RULE 13 of the postmaster, whichever date is earlier.

Section 15; Completeness of service Service by accredited courier is complete

upon actual receipt by the addressee, or

1997 Rules of Civil Procedure after at least two (2) attempts to deliver by

the

2019 Amendments

RULE 13

Section 10. Completeness of service. — Section 15

Personal service is complete upon actual

delivery.
1997 Rules of Civil Procedure
Service by ordinary mail is complete upon the

expiration of ten (10) days after mailing, unless

2019 Proposed Amendments
the

court otherwise provides. Service by registered

courier service, or upon the expiration of
mail is complete upon actual receipt by the
five (5) calendar days after the first attempt
addressee, or after five (5) days from the date
he to deliver, whichever is earlier.
received the first notice of the postmaster,

whichever date is earlier. (8a) Electronic service is complete at the time

of the electronic transmission of the

Section 15. Completeness of service. — document, or when available, at the time
Personal service is complete upon actual that the electronic notification of service of
delivery.
the document is sent. Electronic service is
Service by ordinary mail is complete upon the
not effective or complete if the party
expiration of ten (10) calendar days after
mailing, serving the document learns that it did not
reach the addressee or person to be served.

RULE 13

RULE 13 Section 15

Section 15

When is service considered complete?

1997 Rules of Civil Procedure

Service by accredited courier is complete upon

actual receipt by
2019 Amendments
the addressee, or after at least two (2) attempts
to deliver by the
Service by facsimile transmission is
courier service, or upon the expiration of five
complete upon receipt by the other (5) calendar days

party, as indicated in the facsimile after the first attempt to deliver, whichever is
earlier.
transmission printout. (10a)

Electronic service is complete at the time of the

RULE 13 electronic
Section 15 transmission of the document, or when
available, at the time that

When is service considered complete? the electronic notification of service of the

document is sent.

Service by ordinary mail is complete upon the

expiration of RULE 13

ten (10) calendar days after mailing. Section 16; Proof of filing

Service by registered mail is complete upon 1997 Rules of Civil Procedure

actual receipt by

the addressee, or after five (5) calendar days 2019 Amendments

from the date

he or she received the first notice of the

postmaster, Section 12. Proof of filing. — The filing of a
pleading or
whichever date is earlier.
paper shall be proved by its existence in the clerk of court on a copy of the pleading or
record of
court submission;
the case. If it is not in the record, but is claimed
to have
RULE 13
been filed personally, the filing shall be proved
by the Section 16
written or stamped acknowledgment of its filing
by the
1997 Rules of Civil Procedure
clerk of court on a copy of the same; if filed by

registered mail, by the registry receipt and by

the 2019 Amendments

affidavit of the person who did the mailing,

containing (b) If the pleading or any other court
a full statement of the date and place of submission was filed by registered mail, the
depositing the
filing shall be proven by the registry receipt
mail in the post office in a sealed envelope
addressed to and by the affidavit of the person who mailed

the court, with postage fully prepaid, and with it, containing a full statement of the date and

instructions to the postmaster to return the place of deposit of the mail in the post office
mail to the in a sealed envelope addressed to the court,
sender after ten (10) days if not delivered. (n) with postage fully prepaid, and with instructions

to the postmaster to return the mail to the

Section 16. Proof of filing. — The filing of a sender after ten (10) calendar days if not
pleading or any other court submission delivered.
shall be proved by its existence in the record

of the case. RULE 13

Section16
(a) If the pleading or any other court

submission is not in the record, but is 1997 Rules of Civil Procedure

claimed to have been filed personally, the

filing shall be proven by the written or 2019 Amendments

stamped acknowledgment of its filing by the
(c) If the pleading or any other applies.

court submission was filed through

an accredited courier service, the RULE 13

filing shall be proven by an affidavit Section 16

of service of the person who

brought the pleading or other 1997 Rules of Civil Procedure

document to the service provider,

together with the courier’s official 2019 Amendments

receipt and document tracking

number. (e) If the pleading or any other

court submission was filed

RULE 13 through other authorized

Section 16 electronic means, the same shall

be proven by an affidavit of

1997 Rules of Civil Procedure electronic filing of the filing party

accompanied by a copy of the

2019 Amendments electronic acknowledgment of its

filing by the court. (12a)

(d) If the pleading or any other court

submission was filed by electronic mail, RULE 13

the same shall be proven by an affidavit Section 16

of electronic filing of the filing party

accompanied by a paper copy of the When are proofs of filing?

pleading or other document transmitted

or a written or stamped By the existence of the pleading or other court

submission in the
acknowledgment of its filing by the clerk
record of the case;
of court. If the paper copy sent by

electronic mail was filed by registered

mail, paragraph (b) of this Section

If there are not in record, the filing shall be by an affidavit of electronic filing of the filing
proven by the written party accompanied

or stamped acknowledgment of its filing by the by a copy of the electronic acknowledgment of

clerk of court on its filing by the

a copy of the pleading or court submission; court.

If by accredited courier service, by an affidavit RULE 13

of service of the
Section 17; Proof of personal service
person who brought the pleading or other
document to the
1997 Rules of Civil Procedure
service provider, together with the courier’s
official receipt and

document tracking number; 2019 Amendments

RULE 13 Section 13. Proof of Service. — Proof of

Section 16 personal service shall consist of a written

admission of the party served, or the official

When are proofs of filing? return of the server, or the affidavit of the

party serving, containing a full statement of the

If filed by electronic mail, by an affidavit of date, place and manner of service. If the service
electronic filing of the
is by ordinary mail, proof thereof shall consist
filing party accompanied by a paper copy of the
pleading or other of an affidavit of the person mailing of facts

document transmitted or a written or stamped showing compliance with section 7 of this Rule.
acknowledgment If service is made by registered mail, proof shall
of its filing by the clerk of court. If the paper be made by such affidavit and the registry
copy sent by
receipt issued by the mailing office.
electronic mail was filed by registered mail,
paragraph (b) of this

Section applies; Section 17. Proof of service. –— Proof of

personal service shall consist of a written

If filed through other electronic means, the admission of the party served, or the official
same shall be proven
return of the server, or the affidavit of the be made by an affidavit of service executed by

party serving, containing a statement of the the person who brought the pleading or paper

date, place, and manner of service. If the to the service provider, together with the
service
courier’s official receipt or document tracking
is made by:
number.

(a) Ordinary mail. – Proof shall consist of an

RULE 13
affidavit of the person mailing stating the facts
Section 17
showing compliance with Section 7 of this Rule.

1997 Rules of Civil Procedure

RULE 13

Section 17
2019 Amendments

1997 Rules of Civil Procedure

(d) Electronic mail, facsimile, or

other authorized electronic means

2019 Amendments
of transmission. – Proof shall be

made by an affidavit of service

(b) Registered mail. – Proof shall be made by
executed by the person who sent
the
the e- mail, facsimile, or other
affidavit mentioned above and the registry
receipt electronic transmission, together
issued by the mailing office. The registry return with a printed proof of transmittal.
card
(13a)
shall be filed immediately upon its receipt by
the

sender, or in lieu thereof, the unclaimed letter RULE 13

together with the certified or sworn copy of the Section 17

notice given by the postmaster to the

addressee. What are proofs of service?

(c) Accredited courier service. – Proof shall

Accredited courier service. – Proof shall be which shall have the same effect and
made by an
validity as provided herein. A paper
affidavit of service executed by the person who
copy of the order or other document
brought the
electronically served shall be retained
pleading or paper to the service provider,
together with the and attached to the record of the case.
courier’s official receipt or document tracking (n)
number.

RULE 13
Electronic mail, facsimile, or other authorized
Section 18
electronic means of transmission. – Proof shall
be made

by an affidavit of service executed by the person Section is a new provision. The court may
who sent the electronically serve orders and other
e- mail, facsimile, or other electronic documents
transmission, together to all the parties in the case which shall have
with a printed proof of transmittal. the

same effect.

RULE 13

Section 18; Court issued orders and other A paper copy of the order or other document
documents electronically served shall, however, be retained

and attached to the record of the case.

1997 Rules of Civil Procedure

RULE 13
2019 Amendments Section 19; Notice of lis pendens

NONE 1997 Rules of Civil Procedure

Section 18. Court -issued orders and other 2019 Amendments

documents. — The court may

electronically serve orders and other Section 14. Notice of lis pendens. — In an
documents to all the parties in the case
action affecting the title or the right of RULE 13
possession
Section 19
of real property, the plaintiff and the defendant,

when affirmative relief is claimed in his answer,

1997 Rules of Civil Procedure
may record in the office of the registry of deeds

of the province in which the property is situated

2019 Amendments
notice of the pendency of the action. Said
notice
shall a purchaser, or encumbrancer of the
shall contain the names of the parties and the
property affected thereby, be deemed to have
object of the action or defense, and a
description constructive notice of the pendency of the
action,
of the property in that province affected
thereby. and only of its pendency against the parties
Only from the time of filing such notice for designated by their real names.
record

The notice of lis pendens hereinabove

mentioned
Section 19. Notice of lis pendens. –— In an
may be cancelled only upon order of the court,
action affecting the title or the right of
possession after proper showing that the notice is for the
of real property, the plaintiff and the defendant, purpose of molesting the adverse party, or that
it
when affirmative relief is claimed in his or her
is not necessary to protect the rights of the
answer, may record in the office of the registry
rights
of
of the party who caused it to be recorded. (24a,
deeds of the province in which the property is
R-14)
situated a notice of the pendency of the action.

Said notice shall contain the names of the

parties such notice for record shall a purchaser, or
and the object of the action or defense, and a encumbrancer of the property affected thereby,
description of the property in that province be deemed to have constructive notice of the
affected thereby. Only from the time of filing pendency of the action, and only of its
pendency
against the parties designated by their real the person of the defendant.
names.

What is the purpose of summons in a

The notice of lis pendens hereinabove
action in action in rem or quasi-in rem?
mentioned

may be cancelled only upon order of the court,

The purpose of summons in action
after proper showing that the notice is for the
action in rem or quasi in rem is not to
purpose of molesting the adverse party, or that
it acquire jurisdiction over the defendant
is not necessary to protect the rights of the but to satisfy the element of due
party
process.
who caused it to be recorded. (14a)

How is jurisdiction over the person

SUMMONS
of the defendant acquired?

Summons
Jurisdiction over the person of the defendant

is acquired through coercive process,

Summons is a writ by which the defendant is
generally by 1) service of summons or
notified of the action brought against him.
through defendant’s 2) voluntary appearance

or submission to the court (Republic vs.

It has two-fold purpose: 1) to acquire
Domingo, 657 SCRA 621, 632; Manotoc
jurisdiction over the person of the defendant;
vs. CA, 499 SCRA 21)
2) to notify the defendant that an action has

been commenced against him.

When is a defendant deemed to have

made a voluntary appearance?

What is the purpose of summons in

an action in personam?
1. By filing an answer (Guy vs. Gacott, GR

No. 206147, January 13, 2016).

The purpose of summons in action in

personam is to acquire jurisdiction over

2. By asking an affirmative relief from
the Court (Reicon Realty Builders Corp vs. 1997 Rules of Civil Procedure

Diamond Dragon, GR No. 204796, February

4, 2015). 2019 Amendments

When is asking for affirmative relief not Section 1. Clerk to issue summons. —

deemed to be a voluntary appearance? Upon the filing of the complaint and the

payment of the requisite legal fees, the clerk

The act of making a conditional appearance of court shall forthwith issue the

or special appearance in court to object to corresponding summons to the defendants.

the jurisdiction of the court over his person,

is not deemed a voluntary appearance or Section 1. Clerk to issue summons. —

voluntary submission to the jurisdiction of Unless the complaint is on its face

the court. dismissible under Section 1, Rule 9,

the court shall, within five (5)

Who issues the summons? calendar days from receipt of the

initiatory pleading and proof of

Section 1. Clerk to issue summons. — payment of the requisite legal fees,

Unless the complaint is on its face direct the clerk of court to

dismissible under Section 1, Rule 9, the forthwith issue the corresponding

court shall, within five (5) calendar days summons to the defendants.

from receipt of the initiatory pleading and

proof of payment of the requisite legal fees, RULE 14

direct the clerk of court to forthwith Section 1

issue the corresponding summons to the

defendants. (Sec. 1, Rule 14). Implied from this provision that the Court can

dismiss the complaint pursuant to Section 1,

Rule
RULE 14
9. Section 1, Rule 9 provides that the court shall
SUMMONS
dismiss the complaint “if it appears that the A notice that unless the defendant so answers
court has plaintiff will take

no jurisdiction over the subject matter, that judgment by default and may be granted the
there is relief applied for. A copy

another action pending between the same of

parties for
the complaint and order for appointment of
the same cause, or that the action is barred by a guardian ad litem, if
prior
any, shall
judgment or by statute of limitations.”
be attached to the original and each copy of the
summons.

Otherwise, the court shall issue summons.

(Sec. 2, Rule 14).

Contents of Summons

Who is authorized to serve summons?

(a)

The name of the court and the names of the The summons may be served by the sheriff, his
parties to the action; deputy, or

other proper court officer, and in case of failure

of
(b)
service of summons by them, the court may
When authorized by the court upon ex parte
motion, an authorize the plaintiff – to serve the summons –

authorization for the plaintiff to together with the sheriff.

serve summons to the

defendant; In cases where summons is to be served outside

the

judicial region of the court where the case is

(c)
pending,
a direction that the defendant answer within
the plaintiff shall be authorized to cause the
the time fixed by these
service of
Rules;
the summons.(Sec. 3, Rule 14).

(d)
RULE 14
Sections 2 and 3 representative therein, attaching a board
resolution

or secretary’s certificate thereto, as the case

Under Section 2, the plaintiff, upon his ex-parte
may
motion, may be
be, stating that such representative is duly
authorized to serve summons to defendant.
authorized to serve the summons on behalf of
the
That the plaintiff may be authorized to serve
plaintiff. (Sec. 3, Rule 14).
summons is confirmed

by Section 3.
What if the plaintiff misrepresents that

the defendant received summons?

There are instances by which the plaintiff may
be authorized to

serve summons upon the defendant. There is repercussion if plaintiff misrepresents

on

the service of summons on the defendant. The

First, in case there is failure to serve summons
by the sheriff or case shall be dismissed with prejudice, the

other proper court officer. In which case, the proceedings shall be nullified and the plaintiff
plaintiff shall be
shall be meted appropriate sanctions. (Sec. 3,
accompanied by the sheriff.
Rule 14).

Second, in cases where summons is to be

What if summons cannot be served upon
served outside the
all or any of the defendants?
judicial region of the court where the case is
pending.

If summons is returned without being served on

any
Who will serve summons in case the
or all the defendants, the court shall order the
plaintiff is a corporation?
plaintiff to cause the service of summons by
other
If the plaintiff is a juridical entity , it shall notify
means available under these Rules.
the

court, in writing, and name its authorized

Failure to comply with the order shall cause the
dismissal of the initiatory pleading without where the case is pending, the plaintiff shall
prejudice
be authorized to cause the service of the
(Sec. 3, Rule 14).
summons.

RULE 14
RULE 14
SUMMONS
SUMMONS

1997 Rules of Civil Procedure

1997 Rules of Civil Procedure

2019 Amendments
2019 Amendments

Section 3. By whom served. — The summons

If the plaintiff is a juridical entity , it shall
may be served by the sheriff, his deputy, or
notify the court, in writing, and name its
other
authorized representative therein,
proper court officer, or for justifiable reasons by
attaching a board resolution or secretary’s
any suitable person authorized by the court
certificate thereto, as the case may be,
issuing the summons.
stating that such representative is duly

authorized to serve the summons on

Section 3. By whom served. — The summons
behalf of the plaintiff.
may be served by the sheriff,

If the plaintiff misrepresents that the

his deputy, or other proper court officer, and in
defendant was served summons, and it is
case of failure of service of summons by
later proved that no summons was served,
them, the court may authorize the plaintiff
the case shall be dismissed with prejudice,
– to serve the summons – together with the
the proceedings shall be nullified and the
sheriff.
plaintiff shall be meted appropriate

sanctions.
In cases where summons is to be served

outside the judicial region of the court

RULE 14
SUMMONS

RULE 14

1997 Rules of Civil Procedure SUMMONS

2019 Amendments 1997 Rules of Civil Procedure

If summons is returned without 2019 Amendments

being served on any or all the

defendants, the court shall order Section 5. Issuance of alias summons. — If a

the plaintiff to cause the service summons is returned without being served on
any
of summons by other means
or all of the defendants, the server shall also
available under these Rules.
serve

a copy of the return on the plaintiff's counsel,

Failure to comply with the order
stating the reasons for the failure of service,
shall cause the dismissal of the within

initiatory pleading without five (5) days therefrom. In such a case, or if the

prejudice. summons has been lost, the clerk, on demand

of

the plaintiff, may issue an alias summons.

When is there failure of service of

summons?
Section 4. Validity of summons and Issuance

of alias summons. — Summons shall remain

There is failure of service after unsuccessful
valid until duly served, unless it is recalled
attempts to personally serve the summons on
the by the court. In case of loss or destruction

defendant on his address indicated in the of summons, the court may upon motion,

complaint. (Sec. 8, Rule 14). issue an alias summons. There is failure of

service after unsuccessful attempts to

Thus, there shall be substituted of service in personally serve the summons on the

accordance with Section 6. defendant on his address indicated in the

complaint. Substituted service should be in or she refuses to receive and sign for it, by
leaving
the manner provided under Section 6 of
the summons within the view and in presence
of
this Rule. (5)
the defendant.

How is service upon the person of the

When can substituted service be
defendant made?
effected?

Section 5. Service in person on defendant. —

Substituted service can be effected, if, for
Whenever practicable, the summons shall be
justifiable causes, the defendant cannot be
served by handing a copy thereof to the
served personally after at least three (3)
defendant
attempts on two (2) separate dates (Sec. 6,
in person and informing the defendant that
Rule 14; Manotoc vs. CA, G.R. No.
he or she is being served, or, if he or she
130974. August 16, 2006).
refuses to receive and sign for it, by leaving

the summons within the view and in

RULE 14
presence of the defendant (Rule 14).
Section 6

RULE 14
How is substituted service effected?
Section 5

1.
Under Section of the new Rules, there is added
By leaving copies of the summons at the
requirement in serving summons upon the
defendant's
person
residence
of defendant.
to a person at least eighteen (18) years of age
and of
Aside from just handing a copy thereof to the
sufficient
defendant in person, the server has to inform
discretion residing therein (Manotoc vs. CA,
the defendant he or she is being served. If he infra);
 SCRA 678);

2.

By leaving copies of the summons at 4.

defendant's office or
By sending an electronic mail to the defendant’s
regular place of business with some competent
electronic mail address, if allowed by the court.
person in

charge thereof. A competent person includes,

but not RULE 14
limited to, one who customarily receives SUMMONS
correspondences for the defendant.

1997 Rules of Civil Procedure

RULE 14

Section 6 2019 Amendments

How is substituted service effected? Section 7. Substituted service. — If, for

justifiable causes, the defendant cannot be

3. served within a reasonable time as provided in
By leaving copies of the summons, if refused the preceding section, service may be effected:
entry

upon
by leaving copies of the summons at the
making his or her authority and purpose known,
with defendant's residence with some person of

any of suitable age and discretion then residing

the officers of the homeowner’s association or therein, or

condominium

corporation, or its chief security officer in by leaving the copies at defendant's office or

charge of the regular place of business with some

community or the building where the competent person in charge thereof.

defendant may be found

(Robinson vs. Miralles, 510 Section 6. Substituted service. — If, for

justifiable causes, the defendant cannot be

served personally after at least three (3) condominium corporation, or its chief

attempts on two (2) separate dates, service security officer in charge of the community or

may be effected: the building where the defendant may be

found; and

By leaving copies of the summons at the

defendant's residence to a person at least (d) By sending an electronic mail to the

eighteen (18) years of age and of defendant’s electronic mail address, if

sufficient discretion residing therein; allowed by the court. (7)

By leaving copies of the summons at Nature of substituted service

defendant's office or regular place of

business with some competent person in Substituted service is a method extraordinary in

charge thereof. character, hence, may be used only as

prescribed and in

the circumstances authorized by statute (Chu

RULE 14
vs. Mach
SUMMONS
Asia Trading Corp, 694 SCRA 302, 309-310).

1997 Rules of Civil Procedure

Hence, return which merely states the alleged

whereabouts of the defendants, without

2019 Amendments indicating that

such information was verified and without

specifying the
A competent person includes, but not limited
efforts exerted to serve the summons, is not
to, one who customarily receives enough for
correspondences for the defendant; compliance. So is mere general statement that
such

(c) By leaving copies of the summons, if efforts were made (Jose vs. Boyon, 414 SCRA
216).
refused entry upon making his or her

authority and purpose known, with any of the

There must be showing of impossibility
officers of the homeowner’s association or
of service in the return and possibility of loss, if any[,] to the other
party.

Under the Rules, the service of summons has no

The Court ruled that for substituted service of
summons to set period.

be available, the impossibility of service in

person must be
What is the meaning of “reasonable
shown. There must be several attempts by the
time” under the rules?
sheriff to

personally serve the summons within a

reasonable period of However, when the court, clerk of court, or the
plaintiff
time which eventually resulted failure to
personally serve it asks the sheriff to make the return of the
summons and the
in person. “Several attempts” means at least
three latter submits the return of summons, then the
validity of
(3) tries, preferably on at least two different
dates. the summons lapses. The plaintiff may then ask
for an alias
In addition, the sheriff must cite why such
efforts were summons if the service of summons has failed.
What then
unsuccessful. It is only then that impossibility of
service can is a reasonable time for the sheriff to effect a
be confirmed (Manotoc vs. CA, supra). personal service in order to demonstrate

impossibility of prompt service? To the plaintiff,

What is the meaning of “reasonable time” reasonable time means no more than seven (7)
under the rules? days since an expeditious processing of a
complaint

is what a plaintiff wants.

Reasonable time is defined as so much time as
is

necessary under the circumstances for a What is the meaning of “reasonable time”
under
reasonably prudent and diligent man to do,
the rules?
conveniently, what the contract or duty
requires

that should be done, having a regard for the To the sheriff, reasonable time means 15 to 30
rights days because at
the end of the month, it is a practice for the an understanding of what is lawful, right or wise
branch clerk of may be

court to require the sheriff to submit a return of presupposed. Thus, to be of sufficient

the summons discretion, such person

assigned to the sheriff for service. The Sheriffs must know how to read and understand English
Return provides to

data to the Clerk of Court, which the clerk uses comprehend the import of the summons, and
in the Monthly fully realize the

Report of Cases to be submitted to the Office of need to deliver the summons and complaint to
the Court the defendant

Administrator within the first ten (10) days of at the earliest possible time for the person to
the succeeding take appropriate

month. Thus, one month from the issuance of action. (Manotoc vs. CA, supra).
summons

can be considered reasonable time with regard

What is the effect if the defendant
to
prevents service of summons?
personal service on the defendant (OCA vs.

Cabrera-Faller, A.M. Nos. RTJ-11-2301-2303,

January If the defendant consciously prevented
16, 2018). the service of summons upon his

person, then the summons shall be

Who is a person of suitable age or considered served upon his
discretion? person(Robinson vs. Miralles, 510

SCRA 678).
A person of suitable age and discretion is one
who has attained
How is service of summons effected
the age of full legal capacity (18 years old) and is
considered to upon an entity without a juridical

have enough discernment to understand the personality?

importance of a

summons. Discretion" is defined as "the ability When persons associated in an entity without
to make juridical
decisions which represent a responsible choice personality are sued under the name by which
and for which they
are generally or commonly known, service may
be
2019 Amendments
effected upon all the defendants by serving
upon any
[NONE]
one of them, or upon the person in charge of
the

office or place of business maintained in such Section 9. Service consistent with

name.
international conventions. —
But such service shall not bind individually any
Service may be made through
person whose connection with the entity has,
methods which are consistent
upon due notice, been severed before the
with established international
action was brought. (Sec. 7, Rule 14).
conventions to which the

Philippines is a party. (n)

How is service of summons effected

upon a prisoner?
RULE 14

Section 9
When the defendant is a prisoner confined in a
jail

or institution, service shall be effected upon him This is a new provision.

or her by the officer having the management of

such jail or institution who is deemed deputized Service of summons may be effected through
as international convention which the Philippine is
a special sheriff for said purpose. The jail a

warden shall file a return within five (5) party.

calendar days from service of summons to

the defendant. (Sec. 8, Rule 14). This includes Convention of 15 November

1965 on the Service Abroad of Judicial and

RULE 14 Extrajudicial Documents in Civil or

SUMMONS Commercial Matters.

1997 Rules of Civil Procedure How is service of summons effected

upon minors? that husband and wife shall sue or be sued

jointly, except as provided by law.

When the defendant is a minor, insane or

otherwise
However, even if the husband and wife are
an incompetent person, service of summons
sued jointly, service of summons should be
shall be
made to each spouse individually.
made upon him or her personally and on his
legal

guardian if he or she has one, or if none his or How is service of summons effected
her
upon a domestic private entity?
guardian ad litem whose appointment shall be
applied

for by the plaintiff. In the case of a minor, When the defendant is a corporation,
service shall partnership or

may also be made on his or her parent or association organized under the laws of the
guardian. Philippines

(Sec. 10, Rule 14). with a juridical personality, service may be

made on

the president, managing partner, general

How is service of summons effected manager,
upon spouses? corporate secretary, treasurer, or in-house
counsel of

the corporation wherever they may be found,

When spouses are sued jointly,
or in their absence or unavailability, their
service of summons should be made
secretaries. (Sec. 12, Rule 14).
to each spouse individually. (Sec.

10, Rule 14).

What if service cannot be made upon

president, managing partner, general manager,

RULE 14
corporate secretary, treasurer, or in-house
Section 11
counsel or their respective secretaries, to

whom shall summons be served?

This is a new section must be related to

Section 4, Rule 3 where in it is provided

If such service cannot be made upon any of the Section 12

foregoing persons, it shall be made upon the

person who customarily receives The new formulation of this section is a great
improvement
correspondence for the defendant at its
to the old Section 12.
principal office. (Sec. 12, Rule 14).

First, the persons who are authorized to receive

Who shall receive summons in case the
summons
corporation is under receivership or
in behalf of the corporation which are, the
liquidation? president,

managing partner, general partner, corporate

secretary,
In case the domestic juridical entity is under
treasurer or in-house counsel, may be served
receivership or liquidation, service of whenever
summons shall be made on the receiver or they may be found. Summons may also be
liquidator, as the case may be. (Sec. 12, served on their

Rule 14). secretaries in their absence. (Nation Petroleum

Gas vs.

RCBC, GR No. 183370, August 17, 2015)

What if the above mentioned persons

refused to receive summons in behalf of the

RULE 14
corporation, how shall summons be served?
Section 12

Should there be a refusal on the part of the

Second, if such service cannot be made upon
persons above-mentioned to receive summons any of the
despite at least three (3) attempts on two (2) foregoing persons, it shall be made upon the
separate dates, service may be made person who

electronically, if allowed by the court, as customarily receives correspondence for the

defendant at its
provided under Section 6 of this rule. (Sec. 12,
principal office.
Rule 14).

Third, in case the domestic juridical entity is

RULE 14 under
receivership or liquidation, service of summons
shall be made
But the manner of substituted service is service
on the receiver or liquidator, as the case may through electronic
be.
means.

The ruling therefore Nation Petroleum Gas vs.

Take note:
RCBC,

GR No. 183370, August 17, 2015 and other

companion The ruling in (Nation Petroleun Gas vs. RCBC,
cases are not anymore controlling. GR No. 183370, August 17, 2015; 7107 Islands

Publishing, Inc., vs. the house of Printers Corp.,

RULE 14 GR No. 193420, October 14, 2015; G.V. Florida
Section 12 Transport vs. Tiara Commercial Corp, GR

201378, Oct. 18, 2017) that service of summons

on
Fourth, should there be a refusal on the part of
the persons an officer other than those enumerated in Sec.
11 of
above-mentioned to receive summons despite
at least three (3) rule 14 is invalid is not anymore controlling.
attempts on two (2) separate dates, service may
be made
Can substituted service be effected if the
electronically, if allowed by the court, as
provided under Section 6 defendant is a corporation?

of this rule.
In Carson Realty & Management Corp vs. Red

It is now clear that substituted service may be Robin Security Agency, GR No. 225035,
effected even if the February

defendant is a corporation. What is implied in 8, 2017, one of the issues that cropped up is
the case of Carson whether

Realty & Management Corp vs. Red Robin substituted service can be effected if the
Security defendant is a

Agency, GR No. 225035, February 8, 2017 is corporation.

now express in

the amendment.
The SC ruled that the substituted service least be charged with having constructively
effected by the received the

sheriff is valid. It should be noted that there same, which in Our view, amounts to a valid
were several service of

attempts made by the sheriff to serve the summons (Nation Petroleun Gas vs. RCBC, GR
summons upon No.

the president of the company but to no avail. 183370, August 17, 2015).

Problem How may improper service of summons

be cured?

Plaintiff filed a case against a corporation.

Sheriff issued summons. The summons was By proof of actual receipt.

received by the secretary of the corporate

secretary upon the instruction of the "In the case at bar, there is no question that
summons was
corporate secretary.
timely issued and received by private
respondent. In fact, he
Is there a valid service of summons?
never denied actual receipt of such summons
but confined

Answer himself to the argument that the Sheriff should

prove that

personal service was first made before resorting

It is clear, therefore, that Abante, in so receiving to
the
substituted service. x x x x
summons, did so in representation of Ang who,
as corporate

secretary, is one of the officers competent On the same matter, Moran has this to say:
under the Rules of

Court to receive summons on behalf of a private

"Irregularities of this kind may, however, be
juridical
cured by proof
person. Thus, while it may be true that there
that the copies have actually been delivered to
was no direct,
the defendant,
physical handing of the summons to Ang, the
which is equivalent to personal service.” (Mapa
latter could at
vs. Court of
Appeals, 79374 & 82968, October 2, 1992). 1997 Rules of Civil Procedure

How may improper service of summons 2019 Amendments

be cured?

[NONE]

By proof of actual receipt.

Section 13. Duty of counsel of record.

"In the case at bar, there is no question that — Where the summons is improperly
summons was
served and a lawyer makes a special
timely issued and received by private
appearance on behalf of the defendant
respondent. In fact, he
to, among others, question the validity
never denied actual receipt of such summons
but confined of service of summons, the counsel
himself to the argument that the Sheriff should shall be deputized by the court to serve
prove that
summons on his client. (n)
personal service was first made before resorting
to

substituted service. x x x x RULE 14

Section 12

On the same matter, Moran has this to say:

This is a new provision. It contemplates a

"Irregularities of this kind may, however, be situation where the defendant’s lawyer makes a
cured by proof special appearance in order to question the
that the copies have actually been delivered to validity of service of summons. In this case,
the defendant,
instead of the court resolving the question
which is equivalent to personal service.” (Mapa
vs. Court of raised by defendant’s lawyer, the court shall

Appeals, 79374 & 82968, October 2, 1992). instead, deputize the latter to serve summons

on his client.

RULE 14

SUMMONS How may improper service of summons

be cured?
 agent, on the government official designated by
law to
By asking affirmative relief from the Court
that effect, or on any of its officers or agents,
directors
We have, time and again, held that the filing of
or trustees within the Philippines. (Sec. 12, Rule
a motion for
14).
additional time to file answer is considered
voluntary
Who is the person designated by law?
submission to the jurisdiction of the court. If the
defendant

knowingly does an act inconsistent with the As a condition precedent to the issuance of the
right to object to license to

the lack of personal jurisdiction as to him, like transact business in the Philippines by any
voluntarily foreign corporation

appearing in the action, he is deemed to have that such corporation file with the Securities
submitted and Exchange

himself to the jurisdiction of the court (Carson Commission a written power of attorney
Realty & designating some

Management Corp vs. Red Robin Security person who must be a resident of the
Agency, Philippines, on whom any

GR No. 225035, February 8, 2017). summons and other legal processes may be
served in all actions

or other legal proceedings against such

How is service of summons effected
corporation, and
upon a foreign private entity?
consenting that service upon such resident
agent shall be

When the defendant is a foreign private admitted and held as valid as if served upon the
juridical entity duly authorized

which has transacted or is doing business in the officers of the foreign corporation at its home
office (Sec. 129,
Philippines, as defined by law, service may be
made Corporation Code).

on its resident agent designated in accordance

with law for that purpose, or, if there be no Please take NOTE:
such
It has been held that when a foreign the court order

corporation has designated a person to by registered mail

receive summons on its behalf pursuant to the at the last known address of the defendant;

Corporation Code, that designation is

exclusive and service of summons on any 3.

other person is inefficacious (H.B. Zachry By facsimile;

Company International vs. CA, 232

SCRA 329). 4.

By electronic means with the prescribed proof

of service;
How is service of summons effected upon a
foreign 5.

private entity not registered in the Philippines By such other means as the court, in its
or with discretion, may direct

no resident agent? (Sec. 12, Rule 14).

1. How is service upon the Republic of

By personal service coursed through the the Philippines effected?

appropriate

court
When the defendant the Republic of the
in the foreign country with the assistance of the
Philippines, service may be effected on the
department of
Solicitor General.
foreign affairs;

In case of a province, city or municipality, or like

2.
public corporations, service may be effected on
By publication once in a newspaper of general
its executive head, or on such other officer or
circulation in
officers as the law or the court may direct.
the country where the defendant may
(Sec. 15, Rule 14).
be found

and by serving a
How is service upon an unincorporated
copy of the summons and
government agency effected? in the proof of service that efforts were made to
find

the defendant personally and that said efforts

Jurisprudence tells that when a suit is directed
failed;
against an unincorporated agency, it is as if
hence resort to substituted service. Since no
directed against the agency’s principal which is such

the Republic of the Philippines, thus summons explanation was made, there was a failure to

should be served upon the Solicitor General faithfully, strictly, and fully comply with the

(Republic vs. Domingo, 657 SCRA 621, requirements of substituted service (Miranda
vs.
636).
Court of Appeals, 326 SCRA 278).

Take note:
How will summons be effected upon a

defendant whose identity or whereabouts

Service of summons in the person of the
are unknown?
defendant is generally preferred over
substituted

service (Nation Petroleum Gas, Inc., vs. RCBC, In any action where the defendant is designated
G.R. as

No. 188370, August 17, 2015). It is only when an unknown owner, or the like, or whenever his
or
summons cannot be served personally within a
her whereabouts are unknown and cannot be
reasonable period of time that substituted
service ascertained by diligent inquiry, within ninety
(90)
may be resorted to (Chu vs. Mach Asia Trading
Corp., calendar days from the commencement of

694 SCRA 302, 308). the action, service may, by leave of court, be

effected upon him or her by publication in a

Illustration of the Principle newspaper of general circulation and in such

places and for such time as the court may order

The court reiterated the rule that the (Section 16, Rule 14).
impossibility of

prompt, personal service should be shown by

RULE 14
stating
Section 16

Thus, in Section 16 of Rule 14 authorizes

If the action is instituted against a defendant, summons by publication in any action and the

designated as an unknown owner, or the like, or rule obviously does not distinguish whether the

whenever his or her whereabouts are unknown action is in personam, in rem or quasi in rem.

and cannot be ascertained by diligent inquiry, The tenor of the rule authorizes summons by

service of summons, by leave of court, be publication whatever the action may be as long
effected
as the identity of the defendant is unknown or
through publication in a newspaper of general
his whereabouts are unknown (Santos vs.
circulation and in such places and for such time
PNOC, 566 SCRA 272).
as

the court may order.

When is extra-territorial service effected?

RULE 14
Section 17, Rule 14
Section 16

But please take Note:

However, such kind of service of summons can
only

be effected if there is showing that defendant’s What are the modes of extra-territorial
whereabouts cannot ascertained by diligent service?
inquiry

within 90 days from the commencement of the

suit. Section 17,

Rule 14

Any order granting such leave shall specify a

reasonable time, which shall not be less than By international

sixty convention by
(60) calendar days after notice, within which the Philippine is a party
defendant must answer.

Please take NOTE:

Please take NOTE:
How may summons be effected against a summons since she was temporary out of the
country
resident who is temporarily outside
and hence, the service of summons on her
of the Philippines?
should

conform to Section 16, Rule 14 of the Rules of

SECTION 18. Court

Residents Temporarily Out of which requires extraterritorial service. Should

RTC
the Philippines. — When any action is
commenced grant the motion to dismiss?

against a defendant who ordinarily resides

within the
Answer
Philippines, but who is temporarily out of it,
service
The RTC should not grant the motion to dismiss.
may, by leave of court, be also effected out of
the

Philippines, as under the preceding section. The SC rule that in the case of resident

temporarily out of the Philippines,

Preceding section is Section 17 – Extra- extraterritorial service is not mandatory since

territorial
Section 16 of Rule 14 uses the word “may” and
service
thus, substituted service of summons may be

resorted to (Palma vs. Galvez, March 10,

Problem
2010).

P filed with the RTC a tort case against D. The

RULE 14
sheriff
SUMMONS
went to D’s resident and served the summons
and

complaint on D’s husband, since D was 1997 Rules of Civil Procedure

temporarily out

of the country. Subsequently, D filed a motion

to dismiss 2019 Amendments

on the ground that she was not properly served

with Section 4. Return. — When the service has been
completed, the server shall, within five (5) days (1) The impossibility of prompt personal service

therefrom, serve a copy of the return, within a period of thirty (30) calendar days from
personally or
issue and receipt of summons;
by registered mail, to the plaintiff's counsel, and

shall return the summons to the clerk, who

(2) The date and time of the three (3) attempts
issued
on at least (2) two separate dates to cause
it, accompanied by proof of service. (6a)
personal service and the details of the inquiries

made to locate the defendant residing thereat;

Section 20. Return. — Within thirty (30)
and
calendar days from issuance of summons by the

clerk of court and receipt thereof, the sheriff or

RULE 14
process server, or person authorized by the
SUMMONS
court, shall complete its service. Within five (5)

calendar days from service of summons, the

1997 Rules of Civil Procedure
server shall file with the court and serve a copy

of the return to the plaintiff’s counsel,

2019 Amendments
personally, by registered mail, or by electronic

means authorized by the Rules.

(3) The name of the person at least eighteen
(18)
RULE 14
years of age and of sufficient discretion residing
SUMMONS
thereat: name of competent person in charge of

the defendant’s office or regular place of

1997 Rules of Civil Procedure
business, or name of the officer of the

homeowner’s association or condominium

2019 Amendments
corporation or its chief security officer in

charge of the community or building where the

Should be substituted service have been
defendant may be found.
effected,

the return shall state:

(4)
 a period

RULE 14 of thirty (30) calendar days from issue and

receipt of
Section 20
summons

OCA vs. Cabrera-Faller, A.M. Nos. RTJ-11-

There is a mandate in this section that summon
must 2301-2303,

be served within thirty (30) days. In the case of January 16, 2018;
OCA

vs. Cabrera-Faller, A.M. Nos. RTJ-11-2301-2303,

2.
January 16, 2018, “thirty (30) days” was
The date and time of the three (3) attempts on
considered
at
reasonable time.
least (2)

two separate dates to cause personal service

The server shall make a return within five (5) and the details
calendar
of
days from service to the court and serve a copy
the inquiries made to locate the defendant
of the
residing thereat
return to the plaintiff’s counsel, personally, by
(Manotoc vs. CA);
registered mail, or by electronic means
authorized by
RULE 14
the Rules.
Section 20

RULE 14
3.
Section 20
The name of the person at least

eighteen (18) years

The rule now specifies what should be stated in
the return in of age and of sufficient discretion residing
thereat:
case of substituted service:
name of

competent person in charge of the

1.
defendant’s office or regular place of
The impossibility of prompt personal service
within
business, The defendant's voluntary appearance

or in the action shall be equivalent to

name of the officer of the homeowner’s service of summons. The inclusion in

association
a motion to dismiss of other grounds
or
aside from lack of jurisdiction over
condominium corporation or its chief security
the person of the defendant shall be
officer
deemed a voluntary appearance. (20)
in charge of the community or building

where the
How is jurisdiction over the person of the
defendant may be found. defendant

acquired?

RULE 14

SUMMONS Jurisdiction over the person of the defendant is

acquired through coercive process, generally by

1)
1997 Rules of Civil Procedure
service of summons or through defendant’s 2)

voluntary appearance or submission to the

2019 Amendments
court

(Republic vs. Domingo, 657 SCRA 621, 632;

Section 20. Voluntary appearance. —
Manotoc vs. CA, 499 SCRA 21)
The defendant's voluntary appearance

in the action shall be equivalent to

When is a defendant deemed to have made a
service of summons. The inclusion in
voluntary appearance?
a motion to dismiss of other grounds

aside from lack of jurisdiction over

1. By filing an answer (Guy vs. Gacott, GR No.
the person of the defendant shall not
206147, January 13, 2016).
be deemed a voluntary appearance.

(23a)
2. By asking an affirmative relief from the

Court (Reicon Realty Builders Corp vs. Diamond

Section 23. Voluntary appearance. —
Dragon, GR No. 204796, February 4, 2015).
When is asking for affirmative relief not deemed Is hearing necessary for the motion?
to

be a voluntary appearance?
Generally NO.

The act of making a conditional appearance

However, when a motion is based on facts not
or special appearance in court to object to
appearing on record, the court may hear the
the jurisdiction of the court over his matter

person, is not deemed a voluntary on affidavits or depositions presented by the

appearance or voluntary submission to the respective parties, but the court may direct that
the
jurisdiction of the court.
matter be heard wholly or partly on oral
testimony
Section 23, Rule 14
or depositions (Section 2, Rule 15).

SECTION 23.
RULE 15
Voluntary Appearance. —
MOTIONS
The defendant's voluntary appearance in

the action shall be equivalent to service of

1997 Rules of Civil Procedure
summons. The inclusion in a motion to

dismiss of other grounds aside from lack of

2019 Amendments
jurisdiction over the person of the

defendant shall be deemed a voluntary

[NONE]
appearance.

Section 4. Non-litigious motions. —

MOTION
Motions which the court may act upon

without prejudicing the rights of adverse

Definition of Motion
parties are non-litigious motions. These

motions include:
Forms of Motion
i. Motion for the issuance of alias

summons; 2019 Amendments

ii. Motion for extension to file answer; vii. Motion for the issuance of an order

directing the sheriff to execute the final

RULE 15 certificate of sale; and

MOTIONS

viii. Other similar motions.

1997 Rules of Civil Procedure

These motions shall not be set for hearing

2019 Amendments and shall be resolved by the court within

five (5) calendar days from receipt thereof.

[NONE] (n)

iii. Motion for postponement; RULE 15

Section 4

iv. Motion for the issuance of a writ of

execution; What is non-litigious motion?

v. Motion for the issuance of an alias writ Motions which the court may act upon

of execution without prejudicing the rights of adverse

parties are non-litigious motions.

vi. Motion for the issuance of a writ of

possession; RULE 15

Section 4

RULE 15

MOTIONS The following are non-litigious motions under

the new

Rules:
1997 Rules of Civil Procedure
 Section 4

1.

Motion for the issuance of alias summons; What should the court do with

non-litigious motions?

2.

Motion for extension to file answer; These motions shall not be set for hearing

and shall be resolved by the court within

3. five (5) calendar days from receipt thereof.

Motion for postponement;

RULE 15

4. MOTIONS

Motion for the issuance of a writ of execution;

1997 Rules of Civil Procedure

5.

Motion for the issuance of an alias writ of 2019 Amendments

execution

[NONE]
6.

Motion for the issuance of a writ of possession;

Section 5. Litigious motions –

7.
(a) litigious motions include:
Motion for the issuance of an order directing
the sheriff to
i. Motion for bill of particulars;
execute the final certificate of sale; and

ii. Motion to dismiss;

8.

Other similar motions.

iii. Motion for new trial;

RULE 15
iv. Motion for reconsideration;
 2019 Amendments

v. Motion for execution pending appeal;

[NONE]

RULE 15

MOTIONS xi. Motion for summary judgment;

1997 Rules of Civil Procedure xii. Demurrer to evidence;

2019 Amendments xiii. Motion to declare defendant in default;

and

[NONE]

xiv. Other similar motions.

vi. Motion to amend after a responsive

pleading has been filed; (b) All motions shall be served by personal

service, accredited private courier or registered

vii. Motion to cancel statutory lien; mail, or electronic means so as to ensure their

receipt by the other party.

viii. Motion for an order to break in or for

a writ of demolition; RULE 15

MOTIONS

ix. Motion for intervention;

1997 Rules of Civil Procedure

x. Motion for judgment on the pleadings;

2019 Amendments

RULE 15

MOTIONS [NONE]

1997 Rules of Civil Procedure (c) The opposite party shall file his or her

opposition to a litigious motion within five

(5) calendar days from receipt thereof. No necessary for its resolution, call a

other submissions shall be considered by hearing on the motion. The notice

the court in the resolution of the motion. of hearing shall be addressed to all

parties concerned, and shall specify

The motion shall be resolved by the court the time and date of the hearing. (5)

within fifteen (15) calendar days from its

receipt of the opposition thereto, or upon RULE 15

expiration of the period to file such MOTIONS

opposition. (n)

1997 Rules of Civil

RULE 15 Procedure

MOTIONS

2019 Amendments

1997 Rules of Civil Procedure

Section 6. Proof of service

2019 Amendments necessary. — No written

motion set for hearing shall be

Section 5. Notice of hearing. — The acted upon by the court

notice of hearing shall be addressed without proof of service

to all parties concerned, and shall thereof. (6a)

specify the time and date of the

hearing which must not be later than Section 7. Proof of service

ten (10) days after the filing of the necessary. — No written

motion. (5a) motion shall be acted upon

by the court without proof of

Section 6. Notice of hearing on service thereof, pursuant to

litigious motions; discretionary. — section 5(b) hereof. (6)

The court may, in the exercise of

its discretion, and if deemed RULE 15

MOTIONS

1.

1997 Rules of Civil Motion for bill of particulars;

Procedure

2.

2019 Amendments Motion to dismiss;

Section 7. Motion day. — 3.

Except for motions requiring Motion for new trial;

immediate action, all motions

shall be scheduled for hearing 4.

on Friday afternoons, or if Motion for reconsideration;

Friday is a non-working day,

in the afternoon of the next 5.

working day. (7a) Motion for execution pending appeal;

Section 8. Motion day. — 6.

Except for motions requiring Motion to amend after a responsive pleading

has
immediate action, where the
been filed;
court decides to conduct

hearing on a litigious
RULE 15
motion, the same shall be set
Sections 5, 6, 7, and 8
on a Friday. (7)

7.
RULE 15
Motion to cancel statutory lien;
Sections 5, 6, 7, and 8

8.
The following are litigious motions under the
Motion for an order to break in or for a writ of
new Rules:
demolition; other party.

9. The opposite party shall file his or her

opposition to a litigious motion
Motion for intervention;
within five (5) calendar days from receipt
thereof. No other submissions
10.
shall be considered by the court in the
Motion for judgment on the pleadings; resolution of the motion.

11. The motion shall be resolved by the court within

fifteen (15) calendar days
Motion for summary judgment;
from its receipt of the opposition thereto, or
upon expiration of the period
12. to file such opposition.
Demurrer to evidence;

RULE 15
13. Sections 5, 6, 7, and 8
Motion to declare defendant in default;

What is the procedure in litigious motions?

14.

Other similar motions. The court may, in the exercise of its discretion,
and if deemed

RULE 15 necessary for its resolution, call a hearing on the

motion. The notice of
Sections 5, 6, 7, and 8
hearing shall be addressed to all parties
concerned, and shall specify the
What is the procedure in litigious motions? time and date of the hearing (Section 6).

All motions shall be served by personal service, No written motion shall be acted upon by the
accredited private courier court without proof of
or registered mail, or electronic means so as to service thereof, pursuant to section 5(b) hereof
ensure their receipt by the (Section 7).
 objections not so included shall be

Except for motions requiring immediate action, deemed waived. (8)

where the court

decides to conduct hearing on a litigious

RULE 15
motion, the same shall be set
Section 10
on a Friday (Section 8).

What are the exceptions to omnibus motion

RULE 15
rule
MOTIONS
under Section 1, Rule 9?

1997 Rules of Civil Procedure

Lack of jurisdiction over the subject matter

2019 Amendments
Litis pendentia

Section 8. Omnibus motion. —

Res judicata
Subject to the provisions of section

1 of Rule 9, a motion attacking a

Statute of limitation or prescription
pleading, order, judgment, or

proceeding shall include all

RULE 15
objections then available, and all
MOTIONS
objections not so included shall be

deemed waived. (8a)

1997 Rules of Civil

Procedure
Section 9. Omnibus motion. —

Subject to the provisions of section

2019 Amendments
1 of Rule 9, a motion attacking a

pleading, order, judgment, or

Section 9. Motion for leave.
proceeding shall include all
— A motion for leave to file a
objections then available, and all
pleading or motion shall be
accompanied by the pleading so far as concerns caption,

or motion sought to be designation, signature, and

admitted. (n) other matters of form. (10)

Section 10. Motion for leave. RULE 15

— A motion for leave to file a MOTIONS

pleading or motion shall be

accompanied by the pleading 1997 Rules of Civil Procedure

or motion sought to be

admitted. (9) 2019 Amendments

RULE 15 [NONE]

MOTIONS

Section 12. Prohibited Motions. — The

following
1997 Rules of Civil
shall not be allowed:
Procedure

Motion to dismiss except on the following

2019 Amendments
grounds:

Section 10. Form. — The

i. That the court has no jurisdiction over the
Rules applicable to pleadings
subject matter of the claim.
shall apply to written motions

so far as concerns caption,

ii. That there is another action pending between
designation, signature, and
the
other matters of form. (9a)
same parties for the same cause; and

Section 11. Form. — The

iii. That the cause of action is barred by a prior
Rules applicable to pleadings
judgment or by the statute of limitations;
shall apply to written motions
 for extension to file an answer as provided by

RULE 15 Section 11, Rule 11; and

MOTIONS

(f) Motion for postponement intended for

delay,
1997 Rules of Civil Procedure
except if it is based on acts of God, force
majeure
2019 Amendments
or physical inability of the witness to appear
and

(b) Motion to hear affirmative testify. If the motion is granted based on such

defenses; exceptions, the moving party shall be warned

that the presentation of its evidence must still

be
(c) Motion for reconsideration of the
terminated on the dates previously agreed
court’s action on the affirmative upon.
defenses;

RULE 15
(d) Motion to suspend proceedings MOTIONS
without a temporary restraining order

or injunction issued by a higher court; 1997 Rules of Civil Procedure

RULE 15 2019 Amendments

MOTIONS

A motion for postponement, whether

1997 Rules of Civil Procedure written or oral, shall, at all times, be

accompanied by the original receipt from

2019 Amendments the office of the clerk of court evidencing

payment of the postponement fee under

(e) Motion for extension of time to file Section 21(b), Rule 141, to be submitted
pleadings,
either at the time of the filing of said
affidavits or any other papers, except a motion
motion or not later than the next hearing Motion for extension of time to file pleadings,
affidavits or any other
date. The clerk of court shall not accept the
papers;
motion unless accompanied by an original

receipt. (n)
6.

Motion for postponement intended for delay;

RULE 15

Section 12
RULE 15

Section 12
There are prohibited motions under the new
Rules:

PLEASE TAKE NOTE:

1.

Motion to dismiss When the MTD is based on the following

grounds:

2.
lack of jurisdiction over the subject matter;
Motion to hear affirmative defenses;

Litis pendentia;
3.

Motion for reconsideration of the court’s action

on the Res judiciata;

affirmative

defenses; Presription

4. MTD is not a prohibited pleading. It is a litigious

Motion to suspend proceedings without a motion.

temporary restraining order or

injunction issued by a higher court;

RULE 15

Section 12
5.
PLEASE TAKE NOTE: to the right of appeal, an order granting a
motion

to dismiss or an affirmative defense that the

When for extension of time to file answer is
allowed pursuant cause of action is barred by a prior judgment

Section 11, Rule 11. or by the statute of limitations; that the claim

or demand set forth in the plaintiff’s pleading

Motion for postponement is allowed if it is has been paid, waived, abandoned or otherwise
based on acts of
extinguished; or that the claim on which the
God, force majeure or physical inability of the
action is founded is unenforceable under the
witness to
provisions of the statute of frauds, shall bar the
appear and testify. A motion for postponement,
whether refiling of the same action or claim. (5, R16)
written or oral, shall, at all times, be
accompanied by the
RULE 15
original receipt from the office of the clerk of
court evidencing Section 13

payment of the postponement fee. If no proof

of payment of There are dismissals of action which bar the
postponement fee, the clerk of court shall not filing of a similar
accept the action. Dismissal based on:
motion.

1.
RULE 15 Barred by a prior judgment;
MOTIONS

2.
1997 Rules of Civil Procedure Barred by the statute of limitations;

2019 Amendments 3.

that the claim or demand set forth in the

NONE plaintiff’s pleading

has been paid, waived, abandoned or otherwise

extinguished;
Section 13. Dismissal with prejudice. — Subject
4. If the order is not obeyed, or in case of
insufficient compliance
that the claim on which the action is founded is
therewith, the court may order the striking out
unenforceable
of the pleading or
under the provisions of the statute of frauds.
the portions thereof to which the order was
directed or make

N.B. THE REMEDY OF THE AGGRIEVED PARTY IS such other order as it deems just (Sec. 4, Rule
12).
APPEAL

It is filed within a period for filing responsive

PROCEEDINGS AFTER SERVICE OF pleading.
SUMMONS AND DISMISSAL

OF ACTIONS Motion to Dismiss

Motion for Bill of Particulars Grounds:

If the allegations in the pleading is not definite 1.

or is vague to
That the court has no jurisdiction over the
enable the adverse party to prepare his subject
responsive pleading, then
matter of the claim;
a Motion for Bill of Particulars may be filed (Sec.
1, Rule 12).
2.

If the motion is granted, the compliance That there is another action pending the same
therewith must be
parties for the same cause of action;
effected within ten (10) days from notice of the
order, unless a
3.
different period is fixed by the court. It may be
filed either in a Cause of action is barred by prior judgment;

separate or in an amended pleading, serving a

copy thereof on the
4.
adverse party (Sec. 3, Rule 12).
Cause of action is barred by statute of complied with.
limitation.

Section12, Rule
Section 12, Rule 15

Within what time should a motion to

Cannot be grounds for MTD
dismiss be filed?

But may be set up as affirmative defenses

Within the time for but before filing the

answer. However is the ground of the

1.
motion to dismiss is lack of subject-matter
That the pleading asserting the claim states no
jurisdiction, res judicata, lis pendens or
cause of
prescription, and such grounds appear from
action;
the pleadings or evidence on record, the

motion to dismiss may be filed even after

2.
answer had been filed (Section 1, Rule 9).
That the claim or demand set forth in the
plaintiff's pleading

has been paid, waived, abandoned, or “Litis pendentia”

otherwise

extinguished;
Requisites:

3.
Identity of parties or at least such as
That the claim on which the action is founded is representing the
unenforceable same interest in both action;
under the provisions of the statute of

frauds; Identity of rights asserted and relief prayed for,

the

relief being founded on the same facts;

4.

That a condition precedent for filing the claim

has not been Identity of the causes of action such that
judgment
in one case will amount to res judicata.

Appeal the order of dismissal the basis of the

dismissal is
That the pleading asserting the claim
the following:
states no cause of action

Res judicata,
Test:

Prescription,
When all the elements of the cause of action
are not present

in the complaint. Extinguishment of obligation

Remember: Violation of statute of frauds. (Sec. 13, Rule 15)

You have to hypothetically admit the allegations Petition for certiorari if dismissal is without
in the prejudice

complaint. If after hypothetically admitting, the pursuant to Sec. 1, Rule 41.

Court cannot

render a valid judgment, then, the allegations in

When complaint cannot be refiled after
the complaint
dismissal
states no cause of action.

1.
That a condition precedent for filing the claim
Dismissal on the ground of res judicata.
has not been complied with

2.
What are the remedies when the plea for
Dismissal on the ground of statute of
the dismissal of action is granted?
limitations.

Refile the complaint depending on the ground

3.
for
Claim or demand has been extinguished, paid,
dismissal
waived, abandoned or extinguished.
 the same action. Section 2, Rule 17 may be
applicable.
4.
It is provided therein that: “the dismissal shall
Claim, on which the action is founded, is
be
unenforceable under statute of frauds.
without prejudice to the right of the defendant
to

(Section 13, Rule 15) prosecute his or her counterclaim in a separate

action unless within fifteen (15) calendar days

What is the effect of dismissal on from notice of the motion he or she manifests
his
counterclaim?
or her preference to have his or her
counterclaim
Under the old Rule, the dismissal of the resolved in the same action.”
complaint

under this section shall be without prejudice to

Dismissal by Plaintiff
the prosecution in the same or separate action
of

a counterclaim pleaded in the answer (Sec. 6, Dismissal Upon Notice by Plaintiff

Rule 16).
A complaint may be dismissed by the plaintiff by
filing a
However, this rule is incorporated in in the
notice of dismissal at any time before service of
former Rule 16. But Rule 16 is already deleted the answer
from the rule. Does this mean that the or of a motion for summary judgment. Upon
dismissal of the complaint carries with it the such notice being

dismissal of the counterclaim? filed, the court shall issue an order confirming
the dismissal.

Unless otherwise stated in the notice, the

What is the effect of dismissal on dismissal is without
counterclaim? prejudice, except that a notice operates as an
adjudication

I submit that the counterclaim can still be upon the merits when filed by a plaintiff who
adjudicated in has once
dismissed in a competent court an action based court (Section 2, Rule 17).
on or including

the same claim (Sec. 1, Rule 17).

NOTE: dismissal is without prejudice unless
otherwise

Nature of dismissal under Section 1, Rule 17 provided in the Order.

General rule: Dismissal due to fault of the plaintiff

Without prejudice Failure of the plaintiff to present evidence in

chief

Exception:
Failure to prosecute his action for an
unreasonable
If the notice of dismissal provides that the
period of time
dismissal is with prejudice

Failure of the plaintiff to comply with the Rules

If the plaintiff has previously dismissed the of Court
same

case in a court of competent jurisdiction based

Failure of the plaintiff to comply with the order
on
of the
or including the same claim
court.

Dismissal Upon Motion of Plaintiff

NOTE:

If the answer or motion has already been served

the dismissal may be motu propio
upon

the plaintiff, dismissal is no longer a matter of

right and The dismissal is with prejudice

will require the filing of the motion to dismiss

by the
Effect of Dismissal upon Counterclaim
plaintiff. The said motion is subject to approval
of the
If counterclaim has been pleaded prior to the last pleading has been served and
service upon the
filed, it shall be the duty of the plaintiff to
defendant of plaintiff’s motion to dismiss, the
promptly move ex parte that the case be
dismissal shall be
set for pre-trial (5a, R20)
limited to the complaint only.

Section 1. When conducted. — After

The defendant may prosecute his claim in the
same action or in a the last responsive pleading has been
separate action. served and filed, the branch clerk of

court shall issue, within five (5)

“The dismissal shall be without prejudice to the calendar days from filing, a notice
right of the
of pre-trial which shall be set not
defendant to prosecute his counterclaim in a
separate action later than sixty (60) calendar days

unless within fifteen (15) days from notice of from the filing of the last responsive
the motion he pleading. (1a)
manifests his preference to have his
counterclaim resolved in the
RULE 18
same action” (Sec. 2, Rule 17).
Section 1

PRE-TRIAL AND MODES OF

Under the new Rule, it not anymore the duty of
DISCOVERY the

plaintiff to move for the setting the case for pre-

RULE 18 trial. It

PRE-TRIAL is now the obligation of the clerk of court.

1997 Rules of Civil Procedure The branch clerk of court shall issue notice of
pre-trial

within five (5) days from the filing of the last

2019 Amendments
responsive pleading.

Section 1. When conducted. — After

The pre-trial shall be set not later than 60 days is mandatory and should be terminated
from
promptly. The court shall consider:
the filing of the last responsive pleading.

(a) The possibility of an amicable settlement or

RULE 18 of

PRE-TRIAL a submission to alternative modes of dispute

resolution;

1997 Rules of Civil Procedure

(b)The simplification of the issues;

2019 Amendments

(c) The possibility of obtaining stipulations or

Section 2. Nature and purpose. — The pre-trial admissions of facts and of documents to avoid

is mandatory. The court shall consider: unnecessary proof;

(a) The possibility of an amicable settlement or RULE 18

of
PRE-TRIAL
a submission to alternative modes of dispute

resolution;
1997 Rules of Civil Procedure

(b) The simplification of the issues;

2019 Amendments

(c) The necessity or desirability of amendments

(e) The limitation of the number of witnesses;
to

the pleadings;
(f) The advisability of a preliminary reference of

issues to a commissioner;
(d) The possibility of obtaining stipulations or

admissions of facts and of documents to avoid

(g) The propriety of rendering judgment on the
unnecessary proof;
pleadings, or summary judgment, or of
dismissing
Section. 2. Nature and Purpose. — The pre-trial
the action should a valid ground therefor be

found to exist; (g)The requirement for the parties to:

(h) The advisability or necessity of suspending 1. Mark their respective evidence if not yet
the
marked in the judicial affidavits of their
proceedings; and
witnesses;

(i) Such other matters as may aid in the prompt

2. Examine and make comparisons of the
disposition of the action. (1a, R20)
adverse parties' evidence vis-a-vis the

copies to be marked;
(d)The limitation of the number and

identification of witnesses and the setting of

3. Manifest for the record stipulations
trial dates;
regarding the faithfulness of the

reproductions and the genuineness and due

(e) The advisability of a preliminary reference of
execution of the adverse parties' evidence;
issues to a commissioner;

RULE 18
(f) The propriety of rendering judgment on the
PRE-TRIAL
pleadings, or summary judgment, or of
dismissing
1997 Rules of Civil Procedure
the action should a valid ground therefor be

found to exist;
2019 Amendments

RULE 18
4. Reserve evidence not available at the
PRE-TRIAL
pre-trial, but only in the following manner:

1997 Rules of Civil Procedure

i. For testimonial evidence, by giving the

name or position and the nature of the

2019 Amendments
testimony of the proposed witness;
 There is a mandate under the

ii. For documentary evidence and other new Rules that pre-trial be

object evidence, by giving a particular terminated promptly.

description of the evidence.

RULE 18

No reservation shall be allowed if not made Section 2

in the manner described above.

There are new matters that must be considered

during pre-trial:
RULE 18

PRE-TRIAL
The limitation of the number and identification
of witnesses and the setting of
1997 Rules of Civil Procedure
trial dates;

2019 Amendments
Mark their respective evidence if not yet
marked in the judicial affidavits of

(h) Such other matters as may aid in the their witnesses;

prompt disposition of the action.

Examine and make comparisons of the adverse
parties' evidence vis-a-vis the
The failure without just cause of a
copies to be marked;
party and counsel to appear during

pre-trial, despite notice, shall result

Manifest for the record stipulations regarding
in a waiver of any objections to the the faithfulness of the
faithfulness of the reproductions reproductions and the genuineness and due
marked, or their genuineness and execution of the adverse parties'

due execution. evidence;

RULE 18 RULE 18

Section 2 Section 2
There are new matters that must be considered reproductions marked, or their genuineness and
during due

pre-trial: execution.

Reserve evidence not available at the pre-trial: RULE 18

but only in the following
Section 2
manner:

OBSERVATION
For testimonial evidence, by giving the name or
position and the nature
Under Section 2, the failure without just cause
of the testimony of the proposed witness;
of a party and

counsel to appear during pre-trial, despite

For documentary evidence and other object notice, shall result in a
evidence, by giving a
waiver of any objections to the faithfulness of
particular description of the evidence. the reproductions

marked, or their genuineness and due

execution. I find this
PLEASE TAKE NOTE: No reservation shall be
allowed if not made consequence without use. It must be noted that
under Section 5,
in the manner described above.
the failure to appear during pre-trial has a well
defined
RULE 18
consequence. If it is the plaintiff or his counsel
Section 2 did not appear, it

lead to the dismissal of the complaint. If it is the

defendant or his
PLEASE TAKE NOTE:
counsel who failed to appear, it will allow the
plaintiff to present
The failure without just cause of a party and evidence ex-parte.
counsel to

appear during pre-trial, despite notice, shall

result in a What is thereof the use of the penalty in
Section 2?
waiver of any objections to the faithfulness of
the
RULE 18
PRE-TRIAL

Non-appearance at any of the foregoing settings

1997 Rules of Civil Procedure shall be deemed as nonappearance at the pre-

trial

and shall merit the same sanctions under

2019 Amendments
Section 5

hereof. (3a)
Section 3. Notice of pre-trial. — The notice of
pre-trial
RULE 18
shall be served on counsel, or on the party who
has no Section 3

counsel. The counsel served with such notice is

charged
Under the new rules, the notice of pre-trial shall
with the duty of notifying the party represented
include the date for pre-trial, court annexed
by him. (n)
mediation and judicial dispute resolution if

necessary.
Section. 3. Notice of pre-trial. — The notice of

pre-trial shall include the dates respectively set

for: The notice shall contain a reminder that

“Non-appearance at any of the foregoing

settings
(a) Pre-trial;
shall be deemed as nonappearance at the pre-
trial
(b) Court-Annexed Mediation; and
and shall merit the same sanctions under
Section

(c) Judicial Dispute Resolution, if necessary. 5” of Rule 18.

The notice of pre-trial shall be served on RULE 18

counsel, or on the
PRE-TRIAL
party if he or she has no counsel. The counsel
served with
1997 Rules of Civil Procedure
such notice is charged with the duty of notifying
the party

represented by him or her.

2019 Amendments stipulations or admissions of facts and

documents.

Section 4. Appearance of parties. — It shall be

the duty of the parties and their counsel to RULE 18

appear
Section 4
at the pre-trial. The non-appearance of a party

may be excused only if a valid cause is shown

Section emphasizes that the appearance of
therefor or if a representative shall appear in his parties and

behalf fully authorized in writing to enter into their counsels are mandatory during pre-trial,
an
court-annexed mediation and judicial dispute
amicable settlement, to submit to alternative resolution

modes of dispute resolution, and to enter into is mandatory. Appearance may only be excused
based
stipulations or admissions of facts and of
on the following reasons:
documents. (n)

1)
Section 4. Appearance of Parties. — It shall be
Acts of god
the duty of the parties and their counsel to
appear

at the pre-trial, court-annexed mediation, and 2)

judicial dispute resolution, if necessary. The Force majeure

non-appearance of a party and counsel may

be excused only for acts of God, force 3).

majeure, or duly substantiated physical Physical inability of party or counsel.

inability.

RULE 18

A representative may appear on behalf of a Section 4

party, but must be fully authorized in

writing to enter into an amicable PLEASE TAKE NOTE:

settlement, to submit to alternative modes

of dispute resolution, and to enter into

A representative may appear on behalf of a and counsel to appear without valid cause
party,
when so required, pursuant to the next
but must be fully authorized in writing to enter
preceding Section, shall cause the dismissal of
into an amicable settlement, to submit to
the action. The dismissal shall be with
alternative modes of dispute resolution, and to
prejudice, unless otherwise ordered by the
enter into stipulations or admissions of facts
court. A similar failure on the part of the
and
defendant and counsel shall be cause to allow
documents.
the plaintiff to present his or her evidence

ex-parte within ten (10) calendar days

RULE 18
from termination of the pre-trial, and the
PRE-TRIAL
court to render judgment on the basis of the

evidence offered. (5a)

1997 Rules of Civil Procedure

RULE 18
2019 Amendments
Section 5

Section 5. Effect of failure to appear. — The

Section of the new Rules provides for the effect
failure of the plaintiff to appear when so
on
required pursuant to the next preceding
non-appearance of parties and their counsels.
section shall be cause for dismissal of the

action. The dismissal shall be with prejudice,

If the plaintiff and his or her counsel failed to
unless other-wise ordered by the court. A appear,

similar failure on the part of the defendant shall despite notice, it would cause the dismissal of
the
be cause to allow the plaintiff to present his
complaint, with prejudice, unless otherwise
evidence ex parte and the court to render
ordered by
judgment on the basis thereof. (2a, R20)
the court.

Section. 5. Effect of failure to appear. —

If the defendant and his or her counsel failed to
When duly notified, the failure of the plaintiff appear,
it will allow the plaintiff to present evidence ex-
parte.
(d) The documents or exhibits to be presented
stating the purpose

PLEASE TAKE NOTE THAT THE APPEARANCE OF thereof;

PARTY AND COUNSEL IS REQUIRED.

(e) A manifestation of their having availed or

their intention to avail
RULE 18
themselves of discovery procedures or referral
PRE-TRIAL
to commissioners; and

1997 Rules of Civil Procedure

(f) The number and names of the witnesses, and
the substance of their

2019 Amendments respective testimonies.

Section 6. Pre-trial brief. — The parties shall file Failure to file the pre-trial brief shall have the
with the court and same effect as failure to

serve on the adverse party, in such manner as appear at the pre-trial. (n)
shall ensure their receipt

thereof at least three (3) days before the date

Section 6. Pre-trial brief. — The parties shall file
of the pre-trial, their
with the court and
respective pre-trial briefs which shall contain,
serve on the adverse party, in such manner as
among others:
shall ensure their receipt

thereof at least three (3) calendar days before

(a) A statement of their willingness to enter into the date of the pre-trial,
amicable settlement or
their respective pre-trial briefs which shall
alternative modes of dispute resolution, contain, among others:
indicating the desired terms

thereof;
(a) A concise statement of the case and the
reliefs prayed for;

(b) A summary of admitted facts and proposed

stipulation of facts;
(b) A summary of admitted facts and proposed
stipulation of facts;

(c) The issues to be tried or resolved;

(c) The main factual and legal issues to be tried the court shall issue an order which shall recite
or resolved; in detail the

matters taken up in the conference, the action

taken
(d) The propriety of referral of factual issues to
commissioners; thereon, the amendments allowed to the
pleadings, and the

agreements or admissions made by the parties

(e) The documents or other object evidence to
as to any of
be marked, stating
the matters considered. Should the action
the purpose thereof;
proceed to trial,

the order shall, explicitly define and limit the

(f) The names of the witnesses, and the issues to be
summary of their respective
tried. The contents of the order shall control the
testimonies; and
subsequent course of the action, unless
modified before

(g) A brief statement of points of law and trial to prevent manifest injustice. (5a, R20)
citation of authorities.

Section 7. Pre-Trial Order. — Upon termination

Failure to file the pre-trial brief shall have the of
same effect as failure to
the pre-trial, the court shall issue an order
appear at the pre-trial. (8) within

ten (10) calendar days which shall recite in

detail the
RULE 18
matters taken up. The order shall include:
PRE-TRIAL

(a) An enumeration of the admitted facts;

1997 Rules of Civil Procedure

(b)The minutes of the pre-trial conference;

2019 Amendments

(c) The legal and factual issue/s to be tried;

Section 7. Record of pre-trial. — The
proceedings in the

pre-trial shall be recorded. Upon the (d)The applicable law, rules, and jurisprudence;
termination thereof,
 judgment, as the case may be.

(e) The evidence marked;

RULE 18

(f) The specific trial dates for continuous trial, PRE-TRIAL

which

shall be within the period provided by the

1997 Rules of Civil Procedure
Rules;

2019 Amendments
RULE 18

PRE-TRIAL
The direct testimony of witnesses for the
plaintiff
1997 Rules of Civil Procedure
shall be in the form of judicial affidavits. After
the

2019 Amendments identification of such affidavits,

cross-examination shall proceed immediately.

(g) The case flowchart to be determined by

the court, which shall contain the different Postponement of presentation of the parties’

stages of the proceedings up to the witnesses at a scheduled date is prohibited,

promulgation of the decision and the use of except if it is based on acts of God, force
majeure
time frames for each stage in setting the trial
or duly substantiated physical inability of the
dates;
witness to appear and testify. The party who

caused the postponement is warned that the

(h) A statement that the one-day examination
presentation of its evidence must still be
of witness rule and most important witness
terminated within the remaining dates
rule under A.M. No. 03-1-09-SC (Guidelines
previously
for Pre-Trial) shall be strictly followed; and
agreed upon.

(i) A statement that the court shall render

RULE 18
judgment on the pleadings or summary
PRE-TRIAL
1997 Rules of Civil Procedure (b)The minutes of the pre-trial conference;

2019 Amendments (c) The legal and factual issue/s to be tried;

Should the opposing party fail to (d)The applicable law, rules, and jurisprudence;

appear without valid cause stated in

the next preceding paragraph, the (d)The applicable law, rules, and jurisprudence;

presentation of the scheduled witness

will proceed with the absent party (e) The evidence marked;

being deemed to have waived the right

to interpose objection and conduct (f) The specific trial dates for continuous trial,
which shall be within the period provided by the
cross-examination.
Rules;

The contents of the pre-trial order

(g) Case flow chart as determined by the Court;
shall control the subsequent

proceedings, unless modified before

(h) statement of one-day examination rule;
trial to prevent manifest injustice. (7a)

(i) statement that the court will render

RULE 18
judgment on the pleadings or summary
Section 7 judgment.

The pre-trial order governs the trial RULE 18

proceedings.
Section 7

The following matters must be stated in the Pre-

PLEASE TAKE NOTE:
trial Order:

The direct testimony of witnesses for the

(a) An enumeration of the admitted facts;
plaintiff shall be in the
form of judicial affidavits. After the
identification of such affidavits,
RULE 18
cross-examination shall proceed immediately.
PRE-TRIAL

Postponement of presentation of the parties’

1997 Rules of Civil Procedure
witnesses at a

scheduled date is prohibited, except if it is

based on acts of God, 2019 Amendments
force majeure or duly substantiated physical
inability of the
NONE
witness to appear and testify. The party who
caused the

postponement is warned that the presentation Section 8. Court-Annexed Mediation.

of its evidence — After pre-trial and, after issues
must still be terminated within the remaining are joined, the court shall refer
dates previously
the parties for mandatory
agreed upon.
court-annexed mediation.

RULE 18
The period for court-annexed
Section 7
mediation shall not exceed thirty

(30) calendar days without further

PLEASE TAKE NOTE:
extension. (n)

Should the opposing party fail to appear

without RULE 18

valid cause stated in the next preceding PRE-TRIAL

paragraph,

the presentation of the scheduled witness will 1997 Rules of Civil Procedure
proceed with the absent party being deemed to

have waived the right to interpose objection 2019 Amendments

and

conduct cross-examination.
NONE
 reached. In which case, the JDR will be
conducted by a
Section 9. Judicial Dispute Resolution. — Only
different court which shall be conducted for a
if the judge of the court to which the case
period of 15
was originally raffled is convinced that
days which is non-extendible.
settlement is still possible, the case may be

referred to another court for judicial

If judicial dispute resolution fails, trial before
dispute resolution. The judicial dispute the original

resolution shall be conducted within a court shall proceed on the dates agreed upon.

non-extendible period of fifteen (15)

calendar days from notice of failure of the RULE 18

court-annexed mediation. PRE-TRIAL

If judicial dispute resolution fails, trial 1997 Rules of Civil Procedure

before the original court shall proceed on

the dates agreed upon. 2019 Amendments

All proceedings during the court-annexed NONE

mediation and the judicial dispute

resolution shall be confidential. (n) Section. 10. Judgment after pre-trial. — Should

there be no more controverted facts, or no

RULE 18 more genuine issue as to any material fact, or

Section 9 an absence of any issue, or should the answer

fail to tender an issue, the court shall, without

The judicial dispute resolution is not anymore prejudice to a party moving for judgment on
mandatory.
the pleadings under Rule 34 or summary
It will only be conducted if the judge where the
judgment under Rule 35, motu proprio include
case is
in the pre-trial order that the case be
originally raffled is convinced that settlement
can be submitted for summary judgment or

judgment on the pleadings, without need of

position papers or memoranda. In such cases,

judgment shall be rendered within ninety (90) Modes of Discovery

calendar days from termination of the (Rule 23-29)

pre-trial.

Deposition

The order of the court to submit the case for

judgment pursuant to this Rule shall not be Two situation where Deposition is taken

the subject to appeal or certiorari. (n)

Please take NOTE:

RULE 18

Section 10 Is it necessary to ask permission from the

court for the taking of deposition if there is a

Under the new Rules, the judgment on the pending action?

pleadings or

summary judgment may be done by the Court

Yes. Because deposition can be taken upon
motu
ex-parte motion from a party (Sec. 1, Rule 23).
propio, of course with prejudice to the right of
the party to

file a motion to that effect. Thus, the requirement that it should be by

leave of court after jurisdiction has been

If the court decides to render judgment on the obtained over any defendant or over property
pleadings or
which is the subject of the action, or without
summary judgment, the same must be stated in
the pre-trial such leave after an answer has been served, is

order. not anymore necessary.

The Court shall decide the case within 90 days RULE 23

from the DEPOSITIONS PENDING ACTION
termination of the pre-trial.

1997 Rules of Civil Procedure

MODES OF DISCOVERY
2019 Amendments prison may be taken only by leave of court on

such terms as the court prescribes.

Section 1. Depositions pending action, when

may be taken. — By leave of court after How is deposition taken?

jurisdiction has been obtained over any

defendant or over property which is the subject Before whom may deposition be taken?

of the action, or without such leave after an

answer has been served, the testimony of any Commission vs. Letters Rogatory

person, whether a party or not, may be taken,

at the instance of any party, by deposition upon Commission – is

oral examination or written interrogatories. authorization given to

The attendance of witnesses may be compelled somebody, other than

by the use of a subpoena as provided in Rule consular officers, to take

21. Depositions shall be taken only in the deposition of the

accordance with these Rules. The deposition of deponent. It is usually

a person confined in prison may be taken only issued when the Philippines

by leave of court on such terms as the court has no consular office in a

prescribes. particular country.

Section 1. Depositions pending action, when Letters Rogatory – is an

may be taken. — Upon ex parte motion of a instrument whereby the foreign

party, the testimony of any person, whether a court is informed of the

party or not, may be taken, at the instance of pendency of the case and in the

any party, by deposition upon oral examination name of a foreign witnesses, and

or written interrogatories. The attendance of is requested to cause their

witnesses may be compelled by the use of a depositions to be taken in due

subpoena as provided in Rule 21. Depositions course of law, for the

shall be taken only in accordance with these furtherance of justice, with an

Rules. The deposition of a person confined in offer of the party of the court
making the request, to do like Philippine has no secretary of embassy or
legation, consul
for the other, in similar case.
general, consul, vice-consul or consular agent, it
may be
Section 12, Rule 23
taken by person as may be appointed by
commission. The

Commission or Letters Rogatory. — A authentication made by the consular officer was

commission a

or letters rogatory shall be issued only when ratification of the authority of the notary public
who took
necessary or convenient, on application and
notice, the questioned depositions.

and on such terms and with such direction as

are
Whose deposition may be taken?
just and appropriate. Officers may be
designated in
Any person, whether a party or not, may be
notices or commissions either by name or
taken
descriptive title and letters rogatory may be

addressed to the appropriate judicial authority

in the Sec. 1, Rule 23

foreign country.

How is deposition taken?

Dulay vs. Dulay, 474 SCRA 674

Section 15. Deposition upon oral examination;

notice; time
Leave of court is not required when deposition
is to be and place. — A party desiring to take the
deposition of any
taken before secretary of embassy or legation,
consul person upon oral examination shall give
reasonable notice
general, consul, vice-consul or consular agent of
the RP and in writing to every other party to the action. The
notice shall
defendant’s answer has already been served.
However, if state the time and place for taking the
deposition and the
deposition is to be taken in foreign country
where the name and address of each person to be
examined, if
known, and if the name is not known, a general
description
Section 24. Failure of the party giving notice to
sufficient to identify him or the particular class subpoena
or group to

which he belongs. On motion of any party upon

Deposition upon written interrogatories
whom the

notice is served, the court may for cause shown

enlarge or SECTION 25.
shorten the time. Deposition Upon Written Interrogatories;
Service of Notice

and of Interrogatories. — A party desiring to

How is deposition taken?
take the deposition of any

person upon written interrogatories shall serve

Section 16. Orders for the protection of parties them upon every other
and depositions.
party with a notice stating the name and
address of the person who is to

Section 17. Record of examination; oath; answer them and the name or descriptive title
objections. and address of the officer

before whom the deposition is to be taken.

Within ten (10) days thereafter,
Section 18. Motion to terminate or limit
examination. a party so served may serve cross-
interrogatories upon the party proposing

to take the deposition. Within five (5) days

Section 19. Submission to witness; changes;
thereafter the latter may serve
signing.
re-direct interrogatories upon a party who has
served cross-interrogatories.
Section 20. Certification and filing by Officer.
Within three (3) days after being served with re-
direct interrogatories, a

Section 21. Notice of filing party may serve re-cross-interrogatories upon

the party proposing to take

the deposition.
Section 22. Furnishing of copies

Deposition upon written interrogatories

Section 23. Failure to attend of party giving
notice
SECTION 26. Deponents. — After the service of the
interrogatories and prior
Officers to Take Responses and Prepare
to the taking of the testimony of the deponent,
Record. — A copy of the notice and copies of all
the court in which
interrogatories served shall be delivered by the
the action is pending, on motion promptly made
party
by a party or a
taking the deposition to the officer designated
deponent, and for good cause shown, may
in the
make any order
notice, who shall proceed promptly, in the
specified in Sections 15, 16 and 18 of this Rule
manner
which is appropriate
provided by Sections 17, 19 and 20 of this Rule,
and just or an order that the deposition shall
to take
not be taken before
the testimony of the witness in response to the
the officer designated in the notice or that it
interrogatories and to prepare, certify, and file shall not be taken
or mail
except upon oral examination. refor.
the deposition, attaching thereto the copy of
the notice
Supposing the party sought to be
and the interrogatories received by him.
examined refused to appear?

Deposition upon written interrogatories

The attendance of witnesses may be compelled
by the
SECTION 27. Notice of Filing and Furnishing
use of subpoena under Rule 21.
Copies. — When a

deposition upon interrogatories is filed, the

officer taking it shall Sec. 1, Rule 23.

promptly give notice thereof to all the parties,

and may furnish
Where do you apply the sub-poena?
copies to them or to the deponent upon
payment of reasonable
RULE 21
charges the

SECTION 5. Subpoena for depositions. — Proof

SECTION 28. Orders for the Protection of Parties
of service of a
and
notice to take a deposition, as provided in description, nature, custody, condition, and
Sections 15 and 25 of location of any

Rule 23, shall constitute sufficient authorization books, documents, or other tangible things and
for the issuance the identity

of subpoenas for the persons named in said and location of persons having knowledge of
notice by the clerk relevant facts.

of the court of the place in which the deposition

is to be
Limitations on deposition taking:
taken. The clerk shall not, however, issue a
subpoena duces
When is objection made on the
tecum to any such person without an order of
the court. admissibility of the deposition?

In short, the court of the place where the SECTION 6.

deposition shall be
Objections to Admissibility. —
taken.
Subject to the provisions of Section 29 of this

Rule, objection may be made at the trial

What may be asked during the taking of
or hearing to receiving in evidence any
deposition?
deposition or part thereof for any reason which

would require the exclusion of the evidence if

RULE 23
the witness were then present and testifying.

SECTION 2. Scope of examination. — Unless

otherwise Sec. 4, Rule 23

ordered by the court as provided by Section 16 Use of Deposition:

or 18 of

this Rule, the deponent may be examined For what purpose it may be used:
regarding any

matter, not privileged, which is relevant to the

A. For impeaching purposes if the
subject of the pending action, whether relating
to the deponent is a witness

claim or defense of any other party, including

the existence, B. It may be used for any purpose if the
deponent is a party

5) upon application and notice, that such

exceptional
For what purpose it may be used:
circumstances exist as to make it desirable, in
the
C. It may be used for any purpose if:
interest of justice and with due regard to the

importance of presenting the testimony of

1) that the witness is dead; or witnesses

orally in open court, to allow the deposition to

be used.
2) that the witness resides at a distance more
than (Sec.4, Rule)

one hundred (100) kilometers from the place of

trial
Effect of using deposition
or hearing, or is out of the Philippines, unless it

appears that his absence was procured by the

Section 8. Effect of Using Depositions. — The
party
introduction in evidence of the deposition or
offering the deposition; or
any

part thereof for any purpose other than that of

3) that the witness is unable to attend or testify
contradicting or impeaching the deponent
because of age, sickness, infirmity, or makes
imprisonment;
the deponent the witness of the party
or
introducing the deposition, but this shall not

apply to the use by an adverse party of a

For what purpose it may be used: deposition

as described in paragraph (b) of Section 4 of this

C. It may be used for any purpose if: rule.

4) that the party offering the deposition has Effect of taking depositions
been

unable to procure the attendance of the witness

SECTION 7.
by
Effect of Taking
subpoena; or
Depositions. — A party shall not be his reasons for desiring to perpetuate it;

deemed to make a person his own

witness for any purpose by taking his (d) the names or a description of the persons he
expects will be adverse
deposition.
parties and their addresses so far as known; and

Rule 24
(e) the names and addresses of the persons to
Deposition before Action, or Pending Appeal
be examined and the

substance of the testimony which he expects to

SECTION 1. Depositions Before Action; Petition. elicit from each, and shall
—
ask for an order authorizing the petitioner to
A person who desires to perpetuate his own take the depositions of the
testimony or
persons to be examined named in the petition
that of another person regarding any matter for the purpose of
that may be
perpetuating their testimony.(Section 2, Rule
cognizable in any court of the Philippines, may 24).
file a

verified petition in the court of the place of the

Procedure
residence of any expected adverse party.

Deposition pending appeal

The same as Rule 134 – Perpetuation of
Testimony
If an appeal has been taken from a judgment of
a court,
Contents of petition
including the Court of Appeals in proper cases,
or before the

(a) that the petitioner expects to be a party to taking of an appeal if the time therefor has not
an action expired, the

court in which the judgment was rendered may

allow the
(b) the subject matter of the expected action
and his interest therein; taking of depositions of witnesses to perpetuate
their

testimony for use in the event of further

(c) the facts which he desires to establish by the proceedings in the
proposed testimony and
said court. In such case the party who desires to
perpetuate
Interrogatories under Rule 23 & Rule 25
the testimony may make a motion in the said
Rule 23
court for leave

to take the depositions, upon the same notice

and service There is deposition
thereof as if the action was pending therein. officer
(Sec. 7, Rule

24)
Questions are

prepared beforehand
Contents of the Motion

Party or not may be

Rule 25
taken
Interrogatories to Parties

Rule 25
SECTION 1. Interrogatories to Parties; Service

Thereof. — Under the same conditions specified

in Section No deposition

1 of Rule 23, any party desiring to elicit material officer

and relevant

facts from any adverse parties shall file and Directed to parties
serve upon the

latter written interrogatories to be answered by

the party Not applicable to

served or, if the party served is a public or stranger

private

corporation or a partnership or association, by Scope and use of interrogatories

any officer

thereof competent to testify in its behalf.

SECTION 5. Scope and Use of

Interrogatories. — Interrogatories
N.B. Written interrogatories are directed to
adverse party, may relate to any matters that can be

not to strangers. inquired into under Section 2 of Rule

23, and the answers may be used for the the request or of the truth of any material and
relevant
same purposes provided in Section 4 of
matter of fact set forth in the request. Copies of
the same Rule.
the

documents shall be delivered with the request

Effect of failure to serve written unless

interrogatories copies have already been furnished.

SECTION 6. Effect of Failure to Serve Implied admission

Written Interrogatories. — Unless

thereafter allowed by the court for good cause SECTION 2. Implied Admission. — Each of the
matters of
shown and to prevent a failure of justice, a
which an admission is requested shall be
party not served with written deemed admitted
interrogatories may not be compelled unless, within a period designated in the
by the adverse party to give testimony in request, which shall

open court, or to give a deposition pending not be less than fifteen (15) days after service
thereof, or within
appeal.
such further time as the court may allow on
motion, the party
Rule 26 to whom the request is directed files and serves
Admission by adverse party upon the party

requesting the admission a sworn statement

either denying
SECTION 1. Request for Admission. — At any
time specifically the matters of which an admission is
requested or
after issues have been joined, a party may file
and setting forth in detail the reasons why he
cannot truthfully
serve upon any other party a written request for
the either admit or deny those matters.

admission by the latter of the genuineness of

any material Objection to admission
and relevant document described in and
exhibited with
Objections to any request for admission shall be
submitted to the court by the party requested on the adverse party of material and relevant
facts
within the period for and prior to the filing of
his at issue which are, or ought to be, within the

sworn statement as contemplated in the personal knowledge of the latter, shall not be
preceding
permitted to present evidence on such facts.
paragraph and his compliance therewith shall
be
If the actionable document is already denied
deferred until such objections are resolved,
which under oath, it need not be subject of request
resolution shall be made as early as practicable for admission.
(Sec. 2, Rule 26).

Po vs. CA, 164 SCRA 668

Effect of admission

A party should not be compelled to admit

SECTION 3. Effect of Admission. — Any matters of fact already admitted by his
admission made by a party pursuant to such pleading and concerning which there is no
request is for the purpose of the pending issue, nor should he be required to make a
action only and shall not constitute an second denial of those already denied in his
admission by him for any other purpose nor answer to the complaint.
may the same be used against him in any

other proceeding. If the request is addressed to the lawyer of the

adverse party and the latter did not answer the

Effect of failure to file and serve request request, would it have the effect of admitting

the matters subject of the request?

SECTION 5. Effect of Failure to File and

Serve Request for Admission. — Unless No. The SC held that request for admission must
be
otherwise allowed by the court for good cause
served directly upon the party requested.
shown and to prevent a failure of justice, a
Otherwise,
party
that party cannot be deemed to have admitted
who fails to file and serve a request for
the
admission
genuineness of any relevant matters of the fact The party must file a motion for the production
set forth or inspection

therein on account of the failure to answer the of documents or things, showing good cause
request therefor;

for admission (Lanada vs. CA, GR. No. 102390,

February 1, 2002). b)

Notice of the motion must be served to all other

parties of the
Rule 27
case;
Production or Inspection of documents

c)
Motion for production or inspection
The motion must designate the documents,
papers, books,
A) To produce and permit the inspection and
accounts, letters, photographs, objects or
copying or
tangible things which
photographing, x x x x any designated
the party wishes to be produced and inspected;
documents, papers,

books, accounts, letters, photographs, objects

or tangible d)

things, not privileged, which constitute or Such documents, etc. are not privileged;
contain evidence

material to any matter involved in the action

e)
and which are
Such documents, etc. constitute or contain
in his possession, custody or control.
evidence material

to
To permit entry upon designated land or other
any matter involved in the action; and
property in

possession and control of the other party (Sec.

1, Rule 27); f)

Such documents, etc. are in the possession,

custody or control
Requisites:
of the other party (Security Bank vs. CA, 323
SCRA 330)
a)
Distinguish Rule 27 from Subpoena Duces subject of an order for examination of
documents because it
Tecum
is a matter of privilege.

There is a need to show good cause for

production or Insigne vs. Abra Valley Colleges, July 29, 2015

inspection of documents while good cause is

not
In a complaint for inspection of corporate
required in subpoena duces tecum. books, the plaintiff

can file for a motion for production/inspection

of documents
An order for production or inspection of
documents can to compel the defendant to produce the stock-
and-transfer
only be directed to a party while subpoena
duces tecum book, even if the latter interpose the defense
that plaintiff is
may be directed to a non-party.
not a stockholder.

An order for production or inspection of

documents is a Rule 28

pre-trial device to obtain fact to prepare for trial Physical or Mental Examination
while

subpoena duces tecum is a process used during

Section 1. When examination may be ordered.
trial

proper.
N.B. In an action in which the mental or physical
condition
Cases
of a party is in controversy.

Chan vs. Chan, July 24, 2013

Examples:

If sought to be examined is a record regarding

Action for annulment of contract on the ground
the drug
of
rehabilitation of a party, then such matter
insanity
cannot be the
Petition for guardianship of a person alleged to and obtaining a report of the examination so
be insane ordered or

by taking the deposition of the examiner, the

party
Action to recover damages for personal injury
where the examined waives any privilege he may have in
that action
issue is the extent of the injuries of the plaintiff
or any other involving the same controversy,
regarding
What is the effect if the party refused to be
the testimony of every other person who has
examined? examined

or may thereafter examine him in respect of the

same
The requesting party may request from the
Court mental or physical examination (Rule 28).

an Order that the designated facts subject of

the
What if the party examined refused to deliver
request shall be deemed established (Sec. 3(a), the

Rule 29). report or the physician fails to make such

report,

what is the remedy of the requesting party?

BUT:

If the party examined refuses to deliver such

The party sought to be examined cannot be
report, the court on motion and notice may
arrested, even if he refused the follow the order
make an order requiring delivery on such terms
of the court (Sec. 3(d), Rule 29).
as are just, and if a physician fails or refuses to

make such a report the court may exclude his

What is the effect if the party examined
requests and testimony if offered at the trial (Sec. 3e, Rule

obtains a report of the examination so ordered 28).

or take

the deposition of the examiner?

Rule 29

Refusal to Comply with Modes of Discovery

SECTION 4. Waiver of Privilege. — By requesting

SECTION 1. Refusal to Answer. — x x x x x The

proponent may thereafter apply to the proper taken to be established for the purposes of the
court of the action

place where the deposition is being taken, for in accordance with the claim of the party
an order to obtaining

compel an answer. The same procedure may be the order (Sec. 3(a), Rule 29).
availed of

when a party or a witness refuses to answer any

Other consequences of refusal to answer
interrogatory submitted under Rules 23 or 25. question

during deposition, or order production or

inspection of
NOTE:
documents or things under Rule 27 or refused
to
This is applicable in taking of deposition under
submit himself for examination under Rule 28, a
Rule 23 and
party
25
may ask from the court the following:

Other consequences of refusal to answer

An order refusing to allow the disobedient party
question
to support or oppose designated claims or
during deposition, or order production or
inspection of defenses or prohibiting him from introducing in

documents or things under Rule 27 or refused evidence designated documents or things or

to items

submit himself for examination under Rule 28, a of testimony, or from introducing evidence of
party
physical or mental condition (Sec. 3(b), Rule
may ask from the court the following:
29).

An order that the matters regarding which the

Other consequences of refusal to answer
questions
question
were asked, or the character or description of
during deposition, or order production or
the thing or
inspection of
land, or the contents of the paper, or the
documents or things under Rule 27 or refused
physical or mental
to
condition of the party, or any other designated
submit himself for examination under Rule 28, a
facts shall be
party
may ask from the court the following: to a physical or mental examination. (Sec.

3(d), Rule 29).

An order striking out pleadings or parts thereof,

or staying
TRIAL
further proceedings until the order is obeyed, or
dismissing the
RULE 30
action or proceeding or any part thereof, or
rendering a TRIAL
judgment by default against the disobedient
party (Sec. 3(c),
1997 Rules of Civil Procedure
Rule 29).

2019 Amendments
Please take NOTE:

Section 1. Notice of Trial. — Upon

This remedy is available in case of failure of the
party to attend in entry of a case in the trial calendar, the

deposition taking or failed to serve answers to clerk shall notify the parties of the date
written of its trial in such manner as shall ensure
interrogatories under Rule 25 (Sec. 5, Rule). his receipt of that notice at least five (5)

days before such date. (2a, R22)

Other consequences of refusal to answer
question
Section 1. Schedule of trial. — The
during deposition, or order production or
inspection of parties shall strictly observe the

documents or things under Rule 27 or refused scheduled hearings as agreed upon

to and set forth in the pre-trial order.
submit himself for examination under Rule 28

(a) The schedule of the trial dates,

In lieu of any of the foregoing orders or in for both plaintiff and defendant,
addition thereto, an order directing the arrest shall be continuous and within the
of any party or agent of a party for disobeying following periods:
any of such orders except an order to submit
RULE 30 The defendant shall be allowed to

TRIAL present its evidence within a period

of three (3) months or ninety (90)

1997 Rules of Civil Procedure calendar days;

2019 Amendments RULE 30

TRIAL

i. The initial presentation of plaintiff’s

evidence shall be set not later than 1997 Rules of Civil Procedure

thirty (30) calendar days after the

termination of the pre-trial conference. 2019 Amendments

Plaintiff shall be allowed to present its

evidence within a period of three (3) iii. The period for the presentation of

months or ninety (90) calendar days, evidence on the third (fourth, etc.) –

which shall include the date of the party claim, counterclaim or

judicial dispute resolution, if necessary; cross-claim shall be determined by the

court, the total of which shall in no

RULE 30 case exceed ninety (90) calendar days;

TRIAL and

1997 Rules of Civil Procedure iv. If deemed necessary, the court shall

set the presentation of the parties’

2019 Amendments respective rebuttal evidence, which

shall be completed within a period of

ii. The initial presentation of thirty (30) calendar days.

defendant’s evidence shall be set

not later than thirty (30) calendar RULE 30

days after the court’s ruling on TRIAL

plaintiff’s formal offer of evidence.

1997 Rules of Civil Procedure submission of the case for

resolution, with or without

2019 Amendments memoranda. (n)

(b) The trial dates may be shortened RULE 30

depending on the number of witnesses Section 1

to be presented, provided that the

presentation of evidence of all parties The new Rules adopts the continuous trial
system in
shall be terminated within a period of
civil cases.
ten (10) months or three hundred

(300) calendar days. If there are no

Under this system, the parties are enjoined to
third (fourth, etc.)-party claim,
follow
counterclaim or cross-claim, the
strictly the schedule of trials agreed upon in the
presentation of evidence shall be
pre-trial order.
terminated within a period of six (6)

months or one hundred eighty (180)

The initial presentation of plaintiff’s evidence
calendar days. shall be

set not later than thirty (30) calendar days after

the
RULE 30
termination of the pre-trial conference.
TRIAL

RULE 30
1997 Rules of Civil Procedure
Section 1

2019 Amendments
Period to present evidence:

(c) The court shall decide and serve

Plaintiff shall present evidence within a period
copies of its decision to the parties of three
within a period not exceeding (3) months or ninety (90) calendar days, which
ninety (90) calendar days from the shall
include the date of the judicial dispute
resolution, if
The trial dates may be shortened depending on
necessary; the

number of witnesses to be presented, provided

that
The defendant shall present evidence within a
period of the presentation of evidence of all parties shall
be
three (3) months or ninety (90) calendar days;
terminated within a period of ten (10) months
or three
RULE 30
hundred (300) calendar days. If there are no
Section 1 third

(fourth, etc.)-party claim, counterclaim or cross-

claim,
Period to present evidence:
the presentation of evidence shall be
terminated within
The period for the presentation of evidence on a period of six (6) months or one hundred
the third eighty (180)
(fourth, etc.) – party claim, counterclaim or calendar days.
cross-claim shall

be determined by the court, the total of which

shall in no RULE 30

case exceed ninety (90) calendar days; and Section 1

If deemed necessary, the court shall set the Period to decide the case:
presentation of

the parties’ respective rebuttal evidence, which

The court shall decide and serve copies of its
shall be
decision to
completed within a period of thirty (30)
the parties within a period not exceeding ninety
calendar days.
(90)

calendar days from the submission of the case

RULE 30 for

Section 1 resolution, with or without memoranda.

Period to present evidence: RULE 30

Section 1 adjournment, nor more than three months in
all,

except when authorized in writing by the Court

TRIAL PROCESS
Administrator, Supreme Court.

RULE 30
The party who caused the postponement is
TRIAL
warned that the presentation of its evidence

must still be terminated on the remaining

1997 Rules of Civil Procedure
dates previously agreed upon.

2019 Amendments
(2a)

Section 2. Adjournments and postponements.

— RULE 30

A court may adjourn a trial from day to day, and Section 2

to any stated time, as the expeditious and

convenient transaction of business may require, A party may ask for postponement of trial.

but shall have no power to adjourn a trial for a

longer period than one month for each However, under the new Rules, the party who

adjournment nor more than three months in all, caused the postponement is warned that the

except when authorized in writing by the Court presentation of its evidence must still be

Administrator, Supreme Court. (3a, R22) terminated on the remaining dates previously

agreed upon.

Section 2. Adjournments and postponements.

—
RULE 30
A court may adjourn a trial from day to day, and
TRIAL
to any stated time, as the expeditious and

convenient transaction of business may require,

1997 Rules of Civil Procedure
but shall have no power to adjourn a trial for a

longer period than one month for each

2019 Amendments
 presence of such party or counsel at the

Section 3. Requisites of motion to postpone trial trial is indispensable and that the character

for absence of evidence. — A motion to of his illness is such as to render his

postpone a trial on the ground of absence of non-attendance excusable. (5a, R22)

evidence can be granted only upon affidavit

showing the materiality or relevancy of such Section 3. Requisites of motion to

evidence, and that due diligence has been used postpone trial for illness of party or

to procure it. But if the adverse party admits the counsel. — A motion to postpone a trial

facts to be given in evidence, even if he objects on the ground of illness of a party or

or reserves the right to object to their counsel may be granted if it appears upon

admissibility, the trial shall not be postponed. affidavit or sworn certification that the

(4a, R22; Bar Matter No. 803, 21 July 1998) presence of such party or counsel at the

trial is indispensable and that the character

[Section 3. Requisites of motion to postpone of his or her illness is such as to render his

trial for absence of evidence. — Deleted] or her non-attendance excusable. (4a)

RULE 30 RULE 30

TRIAL TRIAL

1997 Rules of Civil Procedure 1997 Rules of Civil Procedure

2019 Amendments 2019 Amendments

Section 4. Requisites of motion to Section 4. Hearing days and calendar call. —

postpone trial for illness of party or Trial shall be held from Monday to

counsel. — A motion to postpone a trial Thursday, and courts shall call the cases at

on the ground of illness of a party or exactly 8:30 a.m. and 2:00 p.m., pursuant to

counsel may be granted if it appears upon Administrative Circular No. 3-99. Hearing

affidavit or sworn certification that the on motions shall be held on Fridays,

pursuant to Section 8, Rule 15. support of his defense, counterclaim, cross-
claim

and third-party complaints;

All courts shall ensure the posting of their

court calendars outside their courtrooms

Section 5. Order of trial. — Subject to the
at least one (1) day before the scheduled
provisions of Section 2 of Rule 31, and unless
hearings, pursuant to OCA Circular
the

court for special reasons otherwise directs, the

No. 250-2015. (n) trial

shall be limited to the issues stated in the pre-

trial
RULE 30
order and shall proceed as follows:
TRIAL

(a) The plaintiff shall adduce evidence in

1997 Rules of Civil Procedure support

of his or her complaint;

2019 Amendments

(b) The defendant shall then adduce evidence in

Section 5. Order of trial. — Subject to the support of his or her defense, counterclaim,
provisions of section 2 of Rule 31, and unless cross-claim and third-party complaint;
the

court for special reasons otherwise directs, the

trial RULE 30

shall be limited to the issues stated in the pre- TRIAL

trial

order and shall proceed as follows:

1997 Rules of Civil Procedure

(a) The plaintiff shall adduce evidence in

2019 Amendments
support

of his complaint;
(c) The third-party defendant if any, shall
adduce
(b) The defendant shall then adduce evidence in
evidence of his defense, counterclaim, cross-
claim
RULE 30
and fourth-party complaint;
TRIAL

(d) The fourth-party, and so forth, if any, shall

1997 Rules of Civil Procedure
adduce evidence of the material facts pleaded
by
2019 Amendments
them;

(f) The parties may then respectively adduce

(e) The parties against whom any counterclaim
or rebutting evidence only, unless the court, for
cross-claim has been pleaded, shall adduce good reasons and in the furtherance of justice,
evidence in support of their defense, in the permits them to adduce evidence upon their
order to
original case; and
be prescribed by the court;

(g) Upon admission of the evidence, the case

(c) The third-party defendant, if any, shall
adduce shall be deemed submitted for decision, unless

evidence of his or her defense, counterclaim, the court directs the parties to argue or to
submit
cross-claim and fourth-party complaint;
their respective memoranda or any further

pleadings.
(d) The fourth-party, and so forth, if any, shall

adduce evidence of the material facts pleaded

by (f) The parties may then respectively adduce

them; rebutting evidence only, unless the court, for

good reasons and in the furtherance of justice,

(e) The parties against whom any counterclaim permits them to adduce evidence upon their
or original case; and
cross-claim has been pleaded, shall adduce

evidence in support of their defense, in the (g) Upon admission of the evidence, the case
order
shall be deemed submitted for decision, unless
to be prescribed by the court;
the court directs the parties to argue or to ORDER OF
submit
TRIAL
their respective memoranda or any further

pleadings.
RULE 30

TRIAL
RULE 30

TRIAL
1997 Rules of Civil Procedure

1997 Rules of Civil Procedure

2019 Amendments

2019 Amendments
Section 6. Oral offer of exhibits. — The

offer of evidence, the comment or

If several defendants or third-party
objection thereto, and the court ruling
defendants, and so forth, having
shall be made orally in accordance
separate defenses appear by different
with Sections 34 to 40 of Rule 132. (n)
counsel, the court shall determine the

relative order of presentation of their

RULE 30
evidence. (1a, R30)
Section 6

If several defendants or third-party

The new Rules requires that
defendants, and so forth, having
offer of evidence should be
separate defenses appear by different
done ORALLY.
counsel, the court shall determine

the relative order of presentation of

RULE 30
their evidence. (5a)
TRIAL

RULE 30
1997 Rules of Civil Procedure
Section 5

2019 Amendments
Section 6. Agreed statement of facts. — The 2019 Amendments

parties to any action may agree, in writing,

upon the facts involved in the litigation, and Section 7. Statement of judge. — During

submit the case for judgment on the facts the hearing or trial of a case any

agreed upon, without the introduction of statement made by the judge with

evidence. reference to the case, or to any of the

parties, witnesses or counsel, shall be

If the parties agree only on some of the facts made of record in the stenographic notes.

in issue, the trial shall be held as to the (3a, R30)

disputed facts in such order as the court shall

prescribe. (2a, R30) [Section 7. Statement of judge. —

Deleted]

Section 7. Agreed statement of facts. — The

parties to any action may agree, in writing, RULE 30

upon the facts involved in the litigation, and TRIAL

submit the case for judgment on the facts

agreed upon, without the introduction of 1997 Rules of Civil Procedure

evidence.

2019 Amendments

If the parties agree only on some of the facts

in issue, the trial shall be held as to the Section 8. Suspension of actions. —

disputed facts in such order as the court shall The suspension of actions shall be

prescribe. (6) governed by the provisions of the Civil

Code. (n)

RULE 30

TRIAL Section 8. Suspension of actions. — The

suspension of actions shall be governed

1997 Rules of Civil Procedure by the provisions of the Civil Code and
other laws. (8a)

Section 9. Judge to receive evidence; delegation

to
RULE 30
clerk of court. — The judge of the court where
TRIAL
the

case is pending shall personally receive the

1997 Rules of Civil Procedure evidence

to be adduced by the parties. However, in

default or
2019 Amendments
ex parte hearings, and in any case where the
parties
Section 9. Judge to receive evidence; delegation agree in writing, the court may delegate the
to
reception of evidence to its clerk of court who is
clerk of court. — The judge of the court where a
the
member of the bar. The clerk of court shall have
case is pending shall personally receive the no
evidence
power to rule on objections to any question or
to be adduced by the parties. However, in to
default
the admission of exhibits, which objections shall
or ex parte hearings, and in any case where the be
parties agree in writing, the court may delegate resolved by the court upon submission of his or
the her
reception of evidence to its clerk of court who is report and the transcripts within ten (10)
a calendar
member of the bar. The clerk of court shall have days from termination of the hearing. (9a)
no

power to rule on objections to any question or

to DEMURRER TO EVIDENCE

the admission of exhibits, which objections shall

be
Rule 33
resolved by the court upon submission of his
Demurrer to Evidence
report

and the transcripts within ten (10) days from

Grounds for Demurrer
termination of the hearing. (n)
On the ground that upon the facts and the for further proceedings. The correct procedure
is for the
law the plaintiff has shown no right to relief
appellate court to render judgment based on
(Sec. 1, Rule 33).
the pieces of

evidence presented by the plaintiff

This is equivalent to insufficiency of evidence. (Radiowealth Finance

Corp. vs. Del Rosario, 335 SCRA 288).

Thus, res judicata is a proper ground for

demurrer (Republic vs. Tuvera, 516 Motion to Dismiss vs. Demurrer

SCRA 113).
1. MTD in Rule 16 is made

Effect of Denial of Demurrer before answer.

Defendant will present evidence. 2. There are several

grounds.

The denial of demurrer is not a final order; it is

an
3. If denied, defendant may
interlocutory order (Katigbak vs.
file answer.
Sandiganbayan,

404 SCRA 558).

4. When granted, the

complaint may be filed

Effect of Grant of Demurrer
except for, prescription, res

judicata, or claim is
The case is dismissed.
extinguished.

If the order is reversed in the appellate court,

the 1. It is made after the

defendant loses his right to present evidence. plaintiff rests its case.

It is not correct for the appellate court to 2. There is only one

remand the case
ground.
 appealable.

3.

If denied, the 3. If denied, the accused may

defendant will present present evidence if he filed it

evidence. with leave of court.

4. When granted, it may 4. The Court may dismiss the

not be re-filed. The case motu propio (Sec. 23,

remedy is appeal. Rule 119).

Civil Demurrer vs. Criminal Demurrer JUDGMENT AND FINAL

ORDER

1. Leave of court is not

required. Judgment

2. If granted, the order is It is the final ruling by the court of competent

appealable. jurisdiction regarding the rights or other

matters

submitted to it in an action or proceeding

3. If denied, the
(Macahilig vs. Heirs of Gracia M. Magalit,
defendant may present
344 SCRA 838, 848).
evidence.

A judgment is the court’s official and final

4. It cannot be granted
consideration and determination of the
motu propio.
respective rights and obligations of the parties

1. It may be with or without

Requisites of a Valid Judgment
leave of court.

Court must have jurisdiction over the case

2. If granted, the order is not
 the dispositive portion, the body of the decision
shall
Court must have jurisdiction over the parties
and subject prevail (So vs. Food Fest Land, Inc., 642 SCRA

matter 592; People vs. Cilot, GR No. 208410, October

19, 2016).

Parties must be given an opportunity to adduce

evidence
What is judgment upon compromise?
in their behalf.

This is a judgment rendered by the court on the

Evidence must have been considered.
basis of the a compromise agreement entered

between the parties to the action (Diamond

In writing personally and directly prepared by
Builders Conglomeration vs. Country
the judge,
Bankers Corp., 540 SCRA 194).
stating clearly and distinctly the facts and the
law on

which it is based, signed by him. Once approved by the court, a judicial

compromise

is not appealable and it thereby becomes

How to resolve the conflict between the
immediately executory (Domingo vs. CA, 255
body and the dispositive portion
SCRA 189).

GENERAL RULE:
What is the doctrine of the law of the case?

The dispositive portion of the decision shall

prevail. What ever is once irrevocably established as

controlling legal rule or decision between the

same
BUT:
parties in the case continues to be the law of
the case,
If the inevitable conclusion from the body of the
whether correct on general principles or not, so
decision is so clear that there was a mere long
mistake in
as the fact on which such decision was
predicated
continue to be the facts before the court (RCPI
vs.
What is judgment nunc pro tunc?
CA, 488 SCRA 306; Mercury Group of

Companies vs. HDMF, 541 SCRA 211; Yap vs.

The office of a judgment nunc pro tunc is to
Siao, GR No. 212493, June 1, 2016). record

some act of the court done at a former time

which was
What is the doctrine of immutability of
not then carried into the record, and the power
judgment?
of a

court to make such entries is restricted to

Under the doctrine of immutability of placing upon
judgments, a judgment
the record evidence of judicial action which has
that has attained finality can no longer be been
disturbed. Thus,
actually taken. It may be used to make the
issues actually and directly resolved in the record speak
former suit cannot
the truth, but not to make it speak what it did
again be raised in any future case between the not speak
same parties
but ought to have spoken (Briones-Vasquez vs.
(Pinero vs. NLRC, 427 SCRA 112, 117; Borlongan CA,
vs.
450 SCRA 482, 491-492).
Buenaventura, 483 SCRA 405).

Final Order vs. Interlocutory Order

The doctrine prohibits any alteration,
modification, or
The first disposes of the subject matter in its
correction of final and executory judgments as
entirety or terminates a
what remains
particular proceeding or action, leaving nothing
to be done is the purely ministerial
more to be done except to
enforcement or execution
enforce by execution what the court has
of the judgment (Tabalno vs. Dingal, Sr., GR No.
determined, but the latter does
191526,
not completely dispose of the case but leaves
October 5, 2015).
something else to be decided

upon.
Please take NOTE:
An interlocutory order deals with preliminary SECTION 1. Judgment on the Pleadings. —
matters and the trial on the Where

merits is yet to be held and the judgment an answer 1) fails to tender an issue, or
rendered. The test to ascertain
otherwise 2) admits the material allegations of
whether or not an order or a judgment is
the adverse party's pleading, the court may, on
interlocutory or final is:
motion of that party, direct judgment on such
does the order or judgment leave something to
be done in the pleading. However, in actions for declaration of
trial court with respect to the merits of the nullity or annulment of marriage or for legal
case? If it does, the
separation, the material facts alleged in the
order or judgment is interlocutory; otherwise, it
is final.‘ (Spouses complaint shall always be proved.

Teves vs. Integrated Credit & Corporate

Services, GR No. 216714, When do we say that an
April 4, 2018) answer fails to tender an issue?

Remedy in Interlocutory Order Answer: If it does not comply with the

requirements of specific denial under

The proper remedy to question an Sections 8 and 10 of Rule 8.
improvident interlocutory order is a petition

for certiorari under Rule 65, not rule 45. Section 8, Rule 8

A petition for review under Rule 45 is the SECTION 8. How to Contest Such Documents. —
proper mode of redress to question only final When an

judgments (Silverio, Jr., vs. Filipino action or defense is founded upon a written
instrument, copied in
Business Consultants, 466 SCRA 584,
or attached to the corresponding pleading as
594). provided in the

preceding section, the genuineness and due

execution of the
Rule 34
instrument shall be deemed admitted unless
Judgment on the Pleadings
the adverse
party, under oath, specifically denies them, and Manner of denying an allegation
sets forth

what he claims to be the facts; but the

Effect of Defective Denial
requirement of an

oath does not apply when the adverse party

does not appear to SECTION 11. Allegations Not Specifically
be a party to the instrument or when Denied Deemed Admitted.
compliance with an order

for an inspection of the original instrument is

refused. Material averment in the complaint, other than

those as to the amount of unliquidated

damages,
Section 10, Rule 8
shall be deemed admitted when not specifically

denied. Allegations of usury in a complaint to

SECTION 10. Specific Denial. — A defendant
must specify recover usurious interest are deemed admitted
if
each material allegation of fact the truth of
which he does not not denied under oath.

admit and, whenever practicable, shall set forth

the substance Problem
of the matters upon which he relies to support
his denial.
A is indebted to B in the amount of
Where a defendant desires to deny only a part Php500,000.00 covered by a
of an
Promissory Note (PN). The PN is due and
averment, he shall specify so much of it as is demandable on March 1,
true and material
2017. On March 1, 2017, A failed to pay his
and shall deny only the remainder. Where a obligation. B sent a
defendant is
Demand Letter to A. Despite receipt of the
without knowledge or information sufficient to same, A did not pay. B
form a belief
filed a complaint for sum of money against A. B
as to the truth of a material averment made in attached to his
the complaint,
complaint, the Promissory Note executed by A,
he shall so state, and this shall have the effect the demand letter,
of a denial.
and a letter from A purportedly acknowledging
his indebtedness to
B. A filed an answer denying the material respondent. Petitioner, after one year, pre-
allegation in B’s terminated the

Complaint in a general manner. contract. Respondent filed answer interposes

the defense of

1) rebus sic stantibus under Article 1267 of the

If you are B’s counsel, what will you do to
civil code
protect the
invoking the Asian Financial crisis; 2) legal
interest of your client, B?
impossibility of

performance under Article 1266.

Answer

Because of these defenses, the respondent filed

I will file a motion for judgment on the a motion for
pleadings. By
judgment on the pleadings.
not specifically denying the material allegation
in the
Should the motion be granted?
complaint, A impliedly admitted the allegation
in the

Complaint. Comglasco Corp. vs. Santos Car Check

Center, GR No. 202989, March 25, 2015

Material averment in the complaint, other than

those
As there was no issue of fact, the Court
as to the amount of unliquidated damages, shall
should grant the motion. By interposing such
be
defenses, the defendant admitted the material
deemed admitted when not specifically denied
(Sec. allegation in the complaint. Hence, judgment
11, Rule 8). on the pleading may be availed.

Comglasco Corp. vs. Santos Car Check RULE 34

Center, GR No. 202989, March 25, 2015 JUDGMENT ON THE PLEADINGS

Petitioner entered into 5 year lease contract 1997 Rules of Civil Procedure
with
2019 Amendments allegations of the adverse party’s pleadings.

[NONE] If it is by motion from the party, then the

procedure in Rule 15 shall apply.

Section 2. Action on motion for judgment on

the
Rule 35
pleadings. — The court may motu propio or on
Summary Judgment
motion render judgment on the pleadings if it

apparent that the answer fails to tender an

Issues are joined
issue,

or otherwise admits the material allegations of

the Issues are joined because the responsive
adverse party’s pleadings. Otherwise, the pleading is filed. However, the allegations
motion
in the responsive pleading do not establish
shall be subject to the provisions of Rule 15 of
a real and genuine factual issue, because,
these Rules.
for one, the issue tendered is sham,

fictitious, and patently unsubstantial.

Any action of the court on a motion for
judgment

on the pleadings shall not be subject of an Problem

appeal

or petition for certiorari, prohibition or A is indebted to B in the amount of

mandamus (n) Php500,000.00 covered by a

Promissory Note (PN). The PN is due and

demandable on March
RULE 34
1, 2017. On March 1, 2017, A failed to pay his
Section 2 obligation. B sent

a Demand Letter to A. Despite receipt of the

same, A did not
The new Rules allows the court to motu
pay. B filed a complaint for sum of money
propio render judgment on the pleadings if
against A. In B
it apparent that the answer fails to tender
attached to his complaint, the Promissory Note
an issue, or otherwise admits the material executed by A,
and the demand letter. A denied the allegations The party who moves for summary judgment
in B’s Complaint. has the

A further alleged in his answer that B already burden of demonstrating clearly the absence of
condoned his debt. any

However, said allegation is totally false. genuine issue of fact, or that the issue posed in
the

complaint is patently unsubstantial so as not to

What procedural action will you advice B to take
to constitute a genuine issue for trial. Trial courts
have
expedite the resolution of the case?
limited authority to render summary judgments
and may do
Answer
so only when there is clearly no genuine issue as
to any

I will file a motion for summary judgment material fact. When the facts as pleaded by the
because parties are

there is no genuine issue. disputed or contested, proceedings for

summary judgment

cannot take the place of trial.

“A "genuine issue" is an issue of fact which
requires

the presentation of evidence as distinguished Who may file a motion for summary
from a
judgment?
sham, fictitious, contrived or false claim. When
the
SECTION 1. Summary Judgment for Claimant. —
facts as pleaded appear uncontested or
A
undisputed,
party seeking to recover upon a claim,
then there is no real or genuine issue or
counterclaim, or
question as
cross-claim or to obtain a declaratory relief
to the facts, and summary judgment is called for
may, at any time
(Yap vs. Siao, GR No. 212493, June 1, 2016).
after the pleading in answer thereto has been
served, move with

Please take NOTE: supporting affidavits, depositions or admissions

for a summary

judgment in his favor upon all or any part

thereof.
 damages, there is no genuine issue as to any

SECTION 2. Summary Judgment for Defending material fact and that the moving party is
Party. — entitled

A party against whom a claim, counterclaim, or to a judgment as a matter of law. (3a, R34)
cross-claim is

asserted or a declaratory relief is sought may, at

Section 3. Motion and proceedings thereon. —
any time, move
The motion shall cite the supporting affidavits,
with supporting affidavits depositions or
admissions for a depositions or admissions, and the specific law
summary judgment in his favor as to all or any relied upon. The adverse party may file a
part thereof.
comment and serve opposing affidavits,

depositions, or admissions within a

RULE 35
non-extendible period of five (5) calendar days
SUMMARY JUDGMENT
from receipt of the motion. Unless the court

orders the conduct of a hearing, judgment

1997 Rules of Civil Procedure
sought shall be rendered forthwith if the
pleadings,
2019 Amendments supporting affidavits, depositions, and
admissions

on file, show that, except as to the amount of

Section 3. Motion and proceedings thereon. —
damages, there is no genuine issue as to any
The motion shall be served at least ten (10) days
material fact and that the moving
before the time specified for the hearing. The

adverse party may serve opposing affidavits,

RULE 35
depositions, or admissions at least three (3)
days SUMMARY JUDGMENT
before the hearing. After the hearing, the
judgment
1997 Rules of Civil Procedure
sought shall be rendered forthwith if the
pleadings,

supporting affidavits, depositions, and 2019 Amendments

admissions

on file, show that, except as to the amount of

party is entitled to a judgment as a matter of
law.
PLEASE TAKE NOTE:

Any action of the court on a motion for

Any action of the court on a motion for
summary judgment shall not be subject of summary

appeal or petition for certiorari, prohibition or judgment shall not be subject of appeal or
petition for
mandamus.
certiorari, prohibition or mandamus.

RULE 35
Judgment on the Pleadings vs. Summary
Section 3
Judgment

The new Rules specifies that the motion for

summary There is absence of

judgment must be accompanied by supporting factual issue because

affidavits,
the answer tenders no
depositions or admissions, and the specific law
issue.
relied

upon.
Only the claiming party

can file the motion.

The adverse party may file a comment and
serve

opposing affidavits, depositions, or admissions It is based on pleadings

within a
alone.
non-extendible period of five (5) calendar days
from

receipt of the motion. Only three (3) day notice

is required.

Hearing is optional to the court

Answers tenders an

RULE 35 issue, but the issue is not

Section 3 genuine.
 Newly discovered evidence, which he could not,
with
The motion may be filed
reasonable diligence, have discovered, and
by the claiming party or
produced at the
defending party.
trial, and which if presented would probably
alter the result.

It is based on pleadings,

affidavits, depositions When to file?

and admissions.
It is filed within a period for taking an appeal
(Sec. 1,
Ten (10) day notice is
Rule 37).
required.

Where appeal is by notice of appeal, within 15

POST JUDGMENT REMEDIES days

from notice of judgment or final order (Sec. 2,

Post Judgment Remedies Rule

40; Sec. 3, Rule 41).

Rule 37

New Trial Where record on appeal is required, within 30

days

from notice of judgment or order (Sec. 2, Rule

GROUNDS 40;

Sec. 3, Rule 41).

Fraud, accident, mistake or excusable
negligence which
Fraud
ordinary prudence could not have guarded
against and by

reason of which such aggrieved party has The fraud referred to in Section 1, Rule 37 is
probably been extrinsic fraud, that is, deception or trickery by
impaired in his rights; or which the aggrieved party was prevented from

having his day in court or presenting his case

before
the court. It should be distinguished from
intrinsic
Mistake
fraud which involves the presentation of false
or
If a party, because of a pending compromise
perjured testimony but did not otherwise
prevent agreement believed in good faith that it was
the aggrieved party from presenting his case. not necessary for him to answer, appear at

the trial and put up a defense, there is a

Example of Extrinsic Fraud mistake which would constitute a sufficient

ground for new trial (Salazar vs. Salazar, 8

When a party connived with the court Phil. 853).
personnel

so that notices of trial dates were sent to the

old Please take NOTE:

address of the aggrieved party’s counsel

although An error or mistake committed by a counsel in
a notice of change of address was filed already. the course of judicial proceedings is not a
ground

The aggrieved party’s lawyer betrays him and for new trial.

sells out his case to the other side.

It has been repeatedly enunciated that "a client
is bound
The judge is bribed by the adverse party to
by the action of his counsel in the conduct of a
render a decision in his favour. case and

cannot be heard to complain that the result

might have
Accident
been different if he proceeded differently. A
client is
Accident is similar to the concept of
bound by the mistakes of his lawyer (Briones vs.
fortuitous event in civil law. It is
People, GR No. 156000, June 5, 2009).
something which ordinary prudence

on the part of party or counsel

NOTE the exception:
could not have guarded.
 A motion for the cause mentioned in paragraph
(a) [FAME]
An exception to the principle that a client is
of the preceding section shall be supported by
bound by the mistakes of his counsel is one
affidavits of
wherein the negligence of the latter is so
merits which may be rebutted by affidavits.
gross that the former was deprived of his day

in court, as a result of which he is deprived of

A motion for the cause mentioned in paragraph
property without due process of law (Amil (b)

vs. CA, GR No. 125271, October 7, [NEWLY DISCOVERED EVIDENCE] shall be

1999) supported by affidavits of the witnesses by

whom such

evidence is expected to be given, or by duly

Newly discovered evidence, Requisites: authenticated

documents which are proposed to be

Evidence must be discovered after trial. introduced in

evidence.

Such evidence could not have been produced

during trial even with exercise of reasonable Effect of filing on period to appeal

diligence
What is the remedy if the motion is

Evidence is material not merely cumulative, denied?

corroborative or impeaching
SECTION 9.

The evidence would have change the result of Remedy Against Order Denying
the a Motion for New Trial or Reconsideration.
case [Ybiernas vs. Tanco-Gobaldon, June 1, — An order denying a motion for new trial
2011]. or reconsideration is not appealable, the

remedy being an appeal from the judgment or

Formalities of Motion for New Trial final order.

“Fresh Period” or “Neypes Rule”

 case, a party may file a motion for a new trial on
the ground of
If the motion is denied, the movant has a “fresh
period” of fifteen newly discovered evidence which could not
have been
(15) days from receipt of the notice of the order
denying or discovered prior to the trial in the court below
by the exercise of
dismissing the motion for reconsideration
within which to file the due diligence and which is of such a character
as would probably
notice of appeal.
change the result. The motion shall be
accompanied by affidavits
The “fresh period” rule applies not only in Rule
showing the facts constituting the grounds
41 (RTC-CA), but
therefor and the newly
also in Rule 40 (MTC-RTC), Rule 42 (Petrev, RTC-
discovered evidence (Rule 53).
CA), Rule 43

(Petrev, QJA-CA), and Rule 45 (RTC, CA-SC).

Motion for Reconsideration

This was adopted to standardize the appeal

period. Within the same period, the aggrieved party

may also move for reconsideration upon the

Neypes vs. Court of Appeals, 469 SCRA 633 grounds that the damages awarded are

excessive, that the evidence is insufficient to

May motion for new trial be filed in the justify the decision or final order, or that the

CA? decision or final order is contrary to law

(Sec. 1, Rule 37).

YES.

When to file?

SECTION 1.

Period for Filing; Ground. — At any time It is filed within a period for taking an appeal
(Sec. 1,
after the appeal from the lower court has been
perfected Rule 37).

and before the Court of Appeals loses

jurisdiction over the
Where appeal is by notice of appeal, within 15
days
from notice of judgment or final order (Sec. 2, SECTION 9.
Rule
Remedy Against Order Denying
40; Sec. 3, Rule 41).
a Motion for New Trial or Reconsideration.

— An order denying a motion for new trial

Where record on appeal is required, within 30
or reconsideration is not appealable, the
days
remedy being an appeal from the judgment or
from notice of judgment or order (Sec. 2, Rule
40; final order.
Sec. 3, Rule 41).

“Fresh Period” or “Neypes Rule”

Effect of filing on period to appeal

If the motion is denied, the movant has a “fresh

period” of fifteen
Grounds for MR
(15) days from receipt of the notice of the order
denying or
Contents of MR
dismissing the motion for reconsideration
within which to file the

A motion for reconsideration shall point out notice of appeal.

specifically the findings or conclusions of the

judgment or final order which are not The “fresh period” rule applies not only in Rule
41 (RTC-CA), but
supported by the evidence or which are
also in Rule 40 (MTC-RTC), Rule 42 (Petrev, RTC-
contrary to law, making express reference to
CA), Rule 43
the testimonial or documentary evidence or to
(Petrev, QJA-CA), and Rule 45 (RTC, CA-SC).
the provisions of law alleged to be contrary to

such findings or conclusions (Sec. 2, Rule 37).

This was adopted to standardize the appeal
period.

Effect of failure to conform to formalities

Neypes vs. Court of Appeals, 469 SCRA 633

What is the remedy if the motion is

denied? Where new trial/MR is not allowed

Appeal A judgment or final order for or against one or
more of several

parties or in
Judgments or Order
separate claims, counterclaims, cross-claims
not Appealable
and

third-party complaints, while

(a)
the main case is pending, unless the
An order denying a petition for relief or any
court allows an appeal therefrom; and
similar motion seeking

relief from judgment;

(g)

An order dismissing an action without prejudice.

(b)

An interlocutory order;
Rule 41, Sec. 1

(c)
Please take NOTE:
An order disallowing or dismissing an appeal;

As of December 27, 2007, an aggrieved party

(d)
may no longer assail an order denying a motion
An order denying a motion to set aside a
judgment by consent, for new trial or motion for reconsideration by

confession way of Rule 65, as per A.M. No. 07-7-12-SC,

or compromise on the ground of fraud, mistake such ground having been removed from the
or duress,
enumeration in Sec. 1 of Rule 41. The proper
or any other
remedy is to appeal from the judgment
ground vitiating consent;
pursuant to Sec. 9, Rule 37.

(e)
REMEDY:
An order of execution;

Section 1, Rule 41
(f)
In all the above instances where the court that rendered the judgment or final order
appealed
judgment or final order is not appealable,
from. The notice of appeal shall indicate the
the aggrieved party may file an appropriate
parties to the
special civil action under Rule 65.
appeal, the judgment or final order or part
thereof

Rule appealed from, and state the material dates

showing the

timeliness of the appeal.

40

A record on appeal shall be required only in

Rule special

proceedings and in other cases of multiple or

41 & separate

42 appeals (Sec. 3, Rule 40).

Rule How to perfect an appeal

43 SECTION 4.

Perfection of Appeal;

Rule Effect Thereof. — The perfection of

the appeal and the effect thereof shall be

45 governed by the provisions of Section 9,

Rule 41.

Rule 40

Appeal from MTC to RTC Section 9, Rule 41

How to appeal A party's appeal by notice of appeal is

deemed perfected as to him upon the filing of

The appeal is taken by filing a notice of appeal the notice of appeal in due time.
with the
A party's appeal by record on appeal is parties which do not involve any matter
litigated by
deemed perfected as to him with respect to
the appeal, approve compromises, permit
the subject matter thereof upon the approval
appeals of
of the record on appeal filed in due time.
indigent litigants, order execution pending
appeal in

Effect of perfection of an appeal accordance with Section 2 of Rule 39, and allow

withdrawal of the appeal (Sec. 9, Rule 41).

In appeals by notice of appeal, the court loses

jurisdiction
Procedure in RTC in appeal from MTC
over the case upon the perfection of the
appeals filed in
Appeal from Orders Dismissing Case
due time and the expiration of the time to
appeal of the Without Trial; Lack of Jurisdiction

other parties.

If an appeal is taken from an order of the lower

court
In appeals by record on appeal, the court loses
dismissing the case without a trial on the
jurisdiction only over the subject matter thereof
merits, the Regional
upon
Trial Court may affirm or reverse it, as the case
the approval of the records on appeal filed in
may be.
due time

and the expiration of the time to appeal of the

other In case of affirmance and the ground of
dismissal is lack of
parties (Sec. 9, Rule 41).
jurisdiction over the subject matter, the
Regional Trial Court,
Court’s Residual Jurisdiction
if it has jurisdiction thereover, shall try the case
on the

Prior to the transmittal of the original record or merits as if the case was originally filed with it.
the In case

record on appeal, the court may issue orders for of reversal, the case shall be remanded for
the further

protection and preservation of the rights of the proceedings (Sec. 8, Rule 40).
Appeal from Orders Dismissing Case The appeal to the Court of Appeals in cases
decided by
Without Trial; Lack of Jurisdiction
the Regional Trial Court in the exercise of its
original
If the case was tried on the merits by the lower
jurisdiction shall be taken by filing a notice of
court
appeal with
without jurisdiction over the subject matter, the
the court which rendered the judgment or final
Regional Trial Court on appeal shall not dismiss order

the case if it has original jurisdiction thereof, appealed from and serving a copy thereof upon
but the

shall decide the case in accordance with the adverse party. No record on appeal shall be
preceding required

section, without prejudice to the admission of except in special proceedings and other cases of
amended multiple

pleadings and additional evidence in the or separate appeals where the law or these
interest of justice. Rules so

(Sec. 8, Rule 40). require. In such cases, the record on appeal

shall be filed

and served in like manner (Sec. 2(a), Rule 41).

Rule 41

Appeal from RTC

Modes of Appeal

Rule 41
Petition for Review.

Rule 42
The appeal to the Court of Appeals in cases

decided by the Regional Trial Court in the

Rule 45
exercise of its appellate jurisdiction shall be

by petition for review in accordance with

Modes of Appeal
Rule 42.(Sec. 2(b), Rule 41).

Ordinary Appeal.
Modes of Appeal
Appeal by certiorari jurisdiction shall be by petition for

review in accordance with Rule 42.(Sec.

In all cases where only questions of law are 2(b), Rule 41).

raised or involved, the appeal shall be to the

Supreme Court by petition for review on When to appeal

certiorari in accordance with Rule 45..(Sec.

2(b), Rule 41). The appeal shall be taken within fifteen (15)

days from notice of the judgment or final

Problem order appealed from.

Carlito filed an unlawful detainer case against Where a record on appeal is required, the
Matilde with
appellant shall file a notice of appeal and a
the Municipal Trial Court. After due
record on appeal within thirty (30) days
proceedings, the
from notice of the judgment or final order
MTC rendered a decision in favor of Matilde.
Carlito (Sec. 3, Rule 41).
appealed the decision to the RTC by notice of
appeal. The
Payment of appeal fee
RTC rendered a decision in favor of Carlito.

Within the period for taking an appeal,

Matilde wants to appeal the decision of the
RTC. the appellant shall pay to the clerk of the

Where will he file his appeal? And under what court which rendered the judgment or

mode? final order appealed from, the full

amount of the appellate court docket

Answer and other lawful fees. (Section 4, Rule

41)

The appeal to the Court of Appeals in

cases decided by the Regional Trial Is payment of appeal fee within the period for
appeal
Court in the exercise of its appellate
mandatory?
 respect to the subject matter thereof upon the
approval of the record
The Court has consistently upheld the dismissal
of an appeal or notice of on appeal filed in due time.

appeal for failure to pay the full docket fees

within the period for taking the
In appeals by notice of appeal, the court loses
appeal. Time and again, this Court has jurisdiction over the
consistently held that the payment of
case upon the perfection of the appeals filed in
docket fees within the prescribed period is due time and the
mandatory for the perfection of
expiration of the time to appeal of the other
the appeal. Without such payment, the parties.
appellate court does not acquire

jurisdiction over the subject matter of the court

In appeals by record on appeal, the court loses
does not acquire
jurisdiction only over the
jurisdiction over the subject matter of the
subject matter thereof upon the approval of the
action and the decision sought
records on appeal filed
to be appealed from becomes final and
in due time and the expiration of the time to
executory.
appeal of the other parties.

Fil-Estate Properties vs. Homena-Valencia

Section 9, Rule 41.
October 15. 2007,

citing Manalili v. De Leon, 422 Phil. 214, 220

(2001); St. Louis University v. Problem
Cordero, G.R. No. 144118, 21 July 2004, 434
SCRA 575, 583.
Marina filed a case against Marino before the
RTC. The RTC
When is appeal perfected? decided in favor of Marina. Marino received the
copy the decision

on July 2. While Marina received the copy of the

A party's appeal by notice of appeal is deemed
decision on August
perfected as to him upon
2. On July 10, Marino filed a notice of appeal
the filing of the notice of appeal in due time.
and paid the

corresponding appeal fee before the RTC.

A party's appeal by record on appeal is deemed
perfected as to him with
Does the RTC lose jurisdiction on July 10, the Section 1
date when

Marino filed his notice of appeal?

Problem

If not, when will the Court lose its jurisdiction?

Marina filed a Petition for Certiorari before RTC
to

If the RTC jurisdiction is already lost, can it still assail the Order of the MTC quashing the
entertain Information.

any motion from the parties? The RTC dismissed the Petition. Marina received
the

decision on July 2. On July 10, Marina filed a

Concept of Residual Jurisdiction
Petition for

Review before the CA with payment of the

The court may issue orders for the protection
corresponding docket fee therein.
and

preservation of the rights of the parties which

do not Is the mode of appeal availed by Marina
proper?
involve any matter litigated by the appeal, 1.
approve

compromises, 2. permit appeals of indigent Assuming that it is improper, may the Petition

litigants, 3. order execution pending appeal in for Review be treated as a notice of appeal?

accordance with Section 2 of Rule 39, and 4.

allow
Answer 1
withdrawal of the appeal.

No. The proper remedy should be appeal.

This prior to the transmittal of the records.

It is fundamental that a petition for certiorari is

Section 9, Rule 41. an

original action and, as such, it cannot be

gainsaid that
Rule 42
the RTC took cognizance of and resolved the
Petition for Review from RTC
aforesaid
petition in the exercise of its original
jurisdiction.
Upon the timely filing of a petition for
Hence, based on the above-cited rule, Marina
review and the payment of the
should
corresponding docket and other lawful
have filed a notice of appeal with the RTC
instead of a fees, the appeal is deemed perfected as
petition for review with the CA (Yalong vs. to the petitioner (Sec. 8, Rule 42).
People,

GR 187174, August 28, 2013).

When will the court lose jurisdiction in

Rule 42?
Answer 2

The Regional Trial Court loses

It cannot be treated as notice of appeal.
jurisdiction over the case upon the

perfection of the appeals filed in due

For one, a notice of appeal is filed with the
regional trial time and the expiration of the time to

court that rendered the assailed decision, appeal of the other parties (Sec. 8,
judgment or final Rule 42).
order, while a petition for review is filed with
the CA.
Residual Jurisdiction applies
Also, a notice of appeal is required when the
RTC issues a

decision, judgment or final order in the exercise The Regional Trial Court loses jurisdiction over
of its the case

original jurisdiction, while a petition for review upon the perfection of the appeals filed in due
is required time and the

when such issuance was in the exercise of its expiration of the time to appeal of the other
appellate parties.

jurisdiction.(Yalong vs. People, GR 187174,

August However, before the Court of Appeals gives due
28, 2013). course to

the petition, the Regional Trial Court may issue

orders for
When is appeal perfected under Rule 42?
the protection and preservation of the rights of Petition for review under Rule 45 is
the parties discretionary.

which do not involve any matter litigated by the It may only be availed if the appeal is on pure
appeal,
question of law. Thus, question of fact is not
approve compromises, permit appeals of
allowed to be raised because the Supreme
indigent
Court is
litigants, order execution pending appeal in
not a trier of facts. Consequently, calibration of
accordance with Section 2 of Rule 39, and allow
evidence, as a rule may not be entertained by
withdrawal of the appeal. (Section 8, Rule 42). the

Supreme Court.

Will the filing of Petition stay the

judgment or order appealed from? (Roman Catholic Archbishop of Manila vs.

Sta. Teresa, November 18, 2013)

Yes.

Instances when SC may pass upon questions of

fact
Except in civil cases decided under the Rule on

Summary Procedure, the appeal shall not stay

the The conclusions of CA is grounded entirely

judgment or final order unless the Court of on speculations, surmises and conjectures

Appeals, the law, or these Rules shall provide

otherwise (Sec. 8(b), Rule 42). The inference is manifestly mistaken

Rule 45 There is grave abuse of discretion

Appeal by Certiorari

Judgment is based on misapprehension of

Questions of law vs. Questions facts

of fact

Findings of facts are conflicting

Factual-issue-bar Rule

Instances when SC may pass upon questions

of fact A petition provided for in either of the
preceding sections of this Rule

must be verified, filed within sixty (60) days

The CA went beyond the issues of the case or its
after the petitioner learns
judgment is contrary to the admission of the
of the judgment, final order, or other
parties proceeding to be set aside, and

not more than six (6) months after such

judgment or final order was
The findings of CA is contrary to lower court
entered, or such proceeding was taken.

Finding of fact are conclusion without basis inn

Two periods
evidence

1) Within 60 days after the petitioner learns the

Findings of fact of CA are premised on the judgment, etc.
supposed absence of evidence and contradicted
by
2) Within 6 months after entry.
evidence on record.

Problem
Rule 43

Appeal from QJA

Marina learns the judgment by default on
September 1. The
Remedies after Judgment became final and Judgment was entered on January 2. The
executory Petition was filed on

October 1.

Rule 38

Petition for Relief from Judgment Is it filed within the period?

Period to File Marina learns the judgment by default on

September 1. The

Judgment was entered on May 2. The Petition

Section 3, Rule 38 was filed on October

1.
 appropriate remedies are no longer available

Is it filed within the period? through no fault of the petitioner.

Marina learns the judgment by default on Grounds

September 1. The

Judgment was entered on July 2. The Petition

Section 2, Rule 47
was filed on

December 1.
Extrinsic fraud & Lack of jurisdiction

Is it filed within the period?

N.B. Extrinsic fraud shall not be a valid ground if
it
Is petition for relief available
was availed of, or could have been availed of, in
in the SC or CA? a

motion for new trial or petition for relief.

No.

Republic vs “G” Holdings, Inc., 475 SCRA

Purcon vs. MRM Philippines, Inc., 566 608

SCRA 645

Extrinsic fraud

Rule 47

Annulment of Judgments Fraud is regarded as extrinsic where it prevents

a party

from having a trial or from presenting his entire

Coverage (Sec. 1)
case to

the court or where it operates upon matters

This Rule shall govern the annulment by the pertaining

Court of Appeals of judgments or final orders not to the judgment itself but the manner in
and which it is

resolutions in civil actions of Regional Trial procured. The overriding consideration when
extrinsic
Courts for which the ordinary remedies of new
fraud is alleged is that the fraudulent scheme of
trial, appeal, petition for relief or other the
prevailing party litigant prevented a party from action to obtain a different relief, an attack on
having his
the judgment is made as an incident in said
day in court.
action. This is proper only when the judgment,

on its face, is null and void, as where it is

Alaban vs. CA, 470 SCRA 697
patent that the court, which rendered said

judgment, has no jurisdiction (Co vs. CA,

Period to File
196 SCRA 705).

If based on extrinsic fraud, the

Other Appeals/Reviews
action must be filed within four (4)

years from its discovery; and if

Review of decision of NLRC – Rule 65 (St. Martin
based on lack of jurisdiction, before Funeral

it is barred by laches or estoppel Homes vs. NLRC)

(Sec. 3, Rule 47).

Review of decision of VA in labor cases – Rule

43 (Royal Plant
Does RTC have jurisdiction to entertain
Workers Union vs. Coca-Cola Bottler Phils. April
petition for annulment of judgment of MTC?
15,

2013)
An action to annul a judgment or final order

of a Municipal Trial Court shall be filed in

Review of rulings of Ombudsman
the Regional Trial Court having jurisdiction

over the former. It shall be treated as an

Administrative – Rule 43 (Pia vs Gervacio June 5,
ordinary civil action and Sections 2, 3, 4, 7, 8 2013)

and 9 of this Rule shall be applicable thereto

(Sec. 10, Rule 47). Criminal cases – Rule 65 SC (Cabrera vs. Lapid,
510) SCRA 55)

Collateral Attack on Judgment

Appeals from CTA en banc – Rule 45 (Sec. 11,
RA 9282)
A collateral attack is made when, in another
Review of decision of Comelec – Rule 64, 65 application for remedy against the decision or
findings of the

Ombudsman, except the Supreme Court, on

Review of decision of COA – Rule 64, 65
pure question

of law” was declared unconstitutional for

Appeals from decision of CSC – Rule 43 violating Section

30, Article VI.

Carpio-Morales vs. CA,

Nov. 15, 2015 “SECTION 30.

No law shall be passed increasing the

Section 14. Restrictions. — No writ of injunction appellate jurisdiction of the Supreme Court as
shall be
provided in this Constitution without its advice
issued by any court to delay an investigation and
being
concurrence.”
conducted by the Ombudsman under this Act,
unless there
Carpio-Morales vs. CA,
is a prima facie evidence that the subject matter
of the Nov. 15, 2015

investigation is outside the jurisdiction of the

Office of the
The first paragraph: “No writ of injunction
Ombudsman.
shall be issued by any court to delay an

investigation being conducted by the

No court shall hear any appeal or application for
Ombudsman under this Act was declared
remedy
ineffective until the Court adopts the same as
against the decision or findings of the
Ombudsman, except part of the rules of procedure through an
the Supreme Court, on pure question of law. administrative circular duly issued therefor.

Carpio-Morales vs. CA, Carpio-Morales vs. CA,

Nov. 15, 2015 Nov. 15, 2015

The second paragraph: “No court shall hear any Section 5(5), Article VIII
appeal or
 ancillary because it is

Promulgate rules concerning the protection and dependent upon the

enforcement
main action.
of constitutional rights, pleading, practice, and
procedure in all
Will the writ of preliminary attachment be
courts, the admission to the practice of law, the
Integrated Bar, dissolved if the parties had already entered
and legal assistance to the underprivileged. into compromise agreement?
Such rules shall provide

a simplified and inexpensive procedure for the

speedy disposition NO.

of cases, shall be uniform for all courts of the

same grade, and shall The parties to the compromise agreement
not diminish, increase, or modify substantive should not be
rights. Rules of deprived of the protection provided by an
procedure of special courts and quasi-judicial attachment lien.
bodies shall remain If the rule were otherwise, it is easier for the
effective unless disapproved by the Supreme debtor
Court. whose property was attached to have the lien
released by

PROVISIONAL REMEDIES entering into a compromise agreement without

the

intention of actually honoring it (Lim, Jr., vs.

Rule 57 spouses
Preliminary Attachment Lazaro, G.R. No. 185734, July 3, 2013).

It is provisional What is the nature of attachment?

because it

constitutes Attachment is in the nature of a proceeding

quasi in
temporary measure
rem (Banco-Espanol vs. Palanca, 37 Phil. 921,
availed of during the
928) although sometimes referred to as action
pendency of action
in rem
and they are
(Valdevieso vs. Damalerio, 421 SCRA 664, 671).
 At what stage may preliminary

This classification becomes relevant only when attachment be applied?

the

defendant does not appear in the action as

At the commencement of the action
when the

defendant is a non-resident who, at the same

time, is Any time before entry of judgment
outside of the Philippines.

What are the cases where preliminary

What is the purpose of preliminary attachment is proper?
attachment?

A. Recovery of a specified amount of money or

Preliminary attachment is designed to seize the damages.
property of the debtor before final judgment
and put
Section1(a), Rule 57 – In an action for the
the same in custodia legis even while the action recovery of a
is
specified amount of money or damages, other
pending for the satisfaction of a later judgment than moral
and to
and exemplary, on a cause of action arising
acquire jurisdiction over the property in those from law,
instances where personal or substituted contract, quasi-contract, delict or quasi-delict
services of against a party
summons on the defendant cannot be effected. who is about to depart from the Philippines
with intent
(Philippine Commercial International Bank vs.
to defraud his creditors.
Alejandro, 533 SCRA 738).

K.O. Glass Construction vs. Valenzuela, 116

Who may apply for preliminary
SCRA
attachment?
563 – about to depart with intent to defraud is
required for

Section 1, Rule 57 the issuance.

What are the cases where preliminary prevent its being found or taken by the
applicant or an
attachment is proper?
authorized person.

B. Action for money or property embezzled.

What are the cases where preliminary

attachment is proper?
Section1(B), Rule 57 – In an action for money or

property embezzled or fraudulently misapplied

or D. Fraud in contracting or performing an

converted to his own use by a public officer, or obligation.

an

officer of a corporation, or an attorney, factor,

Section1(D), Rule 57 – In an action against a
broker, agent, or clerk, in the course of his
party who has been guilty of a fraud in
employment as such, or by any other person in
contracting the debt or incurring the obligation
a
upon which the action is brought, or in the
fiduciary capacity, or for a willful violation of
duty. performance thereof.

What are the cases where preliminary What are the cases where preliminary
attachment is proper? attachment is proper?

C. Action for recovery of property unjustly or E. Removal or disposal of property with

fraudulently taken. intent to defraud.

Section1(C), Rule 57 – In an action to recover Section1(E), Rule 57 – In an action against a

the
party who has removed or disposed of his
possession of property unjustly or fraudulently
taken, property, or is about to do so, with intent

detained or converted, when the property, or to defraud his creditors.

any part

thereof, has been concealed, removed, or What are the cases where preliminary
disposed of to
attachment is proper?
 The amount due to the applicant, or the value
of the
F. Action against non-residents or on whose
property the possession of which he is entitled
summons may be served by publication.
to recover,

is as much as the sum for which the order is

Section1(F), Rule 57 – In an action against a granted above
party who
all legal counterclaims.
does not reside and is not found in the
Philippines, or on
How may preliminary writ of attachment
whom summons may be served by publication.
be issued?

Read this in relation to Section 16, 17 and 18,

Rule Stages in the grant of preliminary

14 of the Rules of Court. attachment

Requisites for issuance of preliminary writ Is it necessary for the court to have

of attachment acquired jurisdiction over the person of

the defendant when the writ is

Applicant's bond must be filed implemented?

Affidavit of merit Yes, because under the rules: “No levy on

attachment

pursuant to the writ issued under Section 2

Sufficient cause of action exists;
hereof shall be

enforced unless it is preceded, or

The case is one of those mentioned in Section 1 contemporaneously
hereof;
accompanied, by service of summons, together
with a copy

There is no other sufficient security for the of the complaint, the application for
claim sought to attachment, the

be enforced by the action; and applicant's affidavit and bond, and the order
and writ of
attachment, on the defendant within the attached, and a notice that it is attached leaving
Philippines.” (Sec. a copy of

5, Rule 57) such order, description, and notice with the

occupant of the

property, if any.
Thus, there must be prior or contemporaneous

service of summons.
Where the property is registered under the
Land
Are there exceptions to prior or
Registration Act, the notice shall contain a
contemporaneous service of summons? reference to the

number of the certificate of title, the volume

and page in the
Yes, under the rules: “The requirement of prior
or registration book where the certificate is
registered, and
contemporaneous service of summons shall not
apply the registered owner or owners thereof
(Section 7(b),
where the summons could not be served 1.
personally Rule 57).

or by substituted service despite diligent efforts,

or 2. the defendant is a resident of the How is personal property attached?

Philippines

temporarily absent therefrom, or 3. the

Personal property capable of manual
defendant
delivery, by taking and safely keeping it in
is a non-resident of the Philippines, or 4. the
action his custody, after issuing the corresponding

is one in rem or quasi in rem.”(Sec. 5, Rule 57) receipt therefor (Section 7(c), Rule 57).

How is real property attached? How are bank deposits and other credits

attached?

It is attached by the sheriff by filing with the RD

a copy of
By leaving with the person owing such debts, or
the order together with a description of the
having in his possession or under his control,
property
such
credits or other personal property, or with his
agent,
Yes. Under the Rules: If the property sought to
a copy of the writ, and notice that the debts be
owing by
attached in custodia legis, a copy of the writ of
him to the party against whom attachment is
attachment shall be filed with the proper court
issued,
or
and the credits and other personal property in
quasi-judicial agency, and notice of the
his
attachment served
possession, or under his control, belonging to
upon the custodian of such property (Sec. 7,
said
Rule 57).
party, are attached in pursuance of such writ

(Section 7(d), rule 57).

Supposing sheriff attached the

property of the third party, what are

How is interest belonging to estate of the
the remedies of the latter if any?
decedent attached?

He may avail the remedy of terceria (Sec. 14,

By serving the executor or administrator or Rule 57).
other

personal representative of the decedent with a

The third party-claimant may also invoke the
copy
court’s
of the writ and notice that said interest is
authority in the same case and move for a
attached. A
summary
copy of said writ of attachment and of said
hearing on his claim. If his claim is meritorious,
notice
the court
shall also be filed in the office of the clerk of the
shall lift the attachment (Ching vs. CA, 423 SCRA
court in which said estate is being settled and 356)
served

upon the heir, legatee or devisee concerned.

The third party may file a separate civil action to
(Section 7(e), Rule 57). nullify

the levy (Ching, id.)

May a property under custodia legis be

attached? How may a writ of attachment be

discharged? the attaching party though the

former lost the case?

1. By filing a motion to discharge the

attachment and
Yes. This is implied from Section 20, Rule 57
making a deposit or counter-bond in an amount which
equal
provides that: “An application for damages on
to that fixed by the court or value of the account of
property
improper, irregular or excessive attachment
attached (Sec. 12, Rule 57) must be filed

before the trial or before appeal is perfected or

before the
2. By filing a motion to set aside or discharge
the judgment becomes executory, with due notice
to the
attachment on other grounds without need of
filing a attaching party and his surety or sureties.”
(Carlos vs.
counterbond.
Sandoval, 471 SCRA 266, 289-290)

What are grounds which may be

Rule 58
invoked in the motion to discharge
Preliminary Injunction
attachment?

Concept
Attachment was improperly or irregularly issued

Preliminary injunction is an order granted at any

Bond is insufficient
stage of an

action, prior to the judgment or final order,

Attachment is excessive with respect to the requiring a
excess
party, court, agency or person to perform or
refrain from

Property is exempt from execution performing an act or acts. (Sec. 1, Rule 58)

May a party whose property was Preliminary mandatory injunction – order to

require
attached recover damages from
the doing of an act Mandatory vs. Prohibitory

Preliminary prohibitory injunction – order to MANDATORY

refrain

from doing an act

PROHIBITORY

What is the purpose of preliminary injunction?

When on is required to

perform an act
A writ of injunction is issued by the court to
prevent
The act has already been
threatened or continuous irreparable injury to
parties performed and this act
before their claims can be thoroughly studied violated the rights of
and
another. Since the act has
adjudicated and during the pendency of the
action already been performed,

(MIAA vs. Rivera Village Lessee Homeowners’ the purpose of the

Assn., Inc., 471 SCRA 358). Hence, in order to injunction is to restore

protect the rights of the parties before the main the status quo

action is resolved, there is need to preserve the

status When one is required to
quo. refrain from doing an act

What is the status quo? The act has not yet been

performed because it is
It is defined as the last actual, peaceful, and restrained or prevented by
uncontested status that precedes the actual injunction. Its purpose is to
controversy, that which is existing at the time of prevent a future or
the filing of the case (Spouses Dulnuan vs. threatened injury
MBTC, July 8, 2015.)

Which court should issue writ of

preliminary injunction? What are the grounds for the issuance of a
preliminary

injunction?
It shall be issued by the court where the
principal

action is pending (Sec. 2, Rule 58) Section 3, Rule 58 can be capsulized as follows:

Illustration (1) there exists a clear and unmistakable right to

be

protected; (2) this right is directly threatened by

An appeal from the judgment of CA may be
an act
appealed
sought to be enjoined; (3) the invasion of the
through petition for review under Rule 45. The
right is
petition
material and substantial; and (4) there is an
may include prayer for preliminary injunction.
urgent and
Since it is the
paramount necessity for the writ to prevent
SC which has jurisdiction over the appeal, it has
serious and
also
irreparable damage (Sps. Dulnuan vs. MBTC,
jurisdiction to issue writ of preliminary
July 8,
injunction
2015).

Under Section 20, Rule 70, the plaintiff may

appeal the Clear and Unmistakable Legal Right

decision to the RTC. Here, it is the RTC which

has
Thunder Security and Investigation Agency vs.
jurisdiction to issue writ of preliminary
NFA, 654 SCRA 714 – Court cannot enjoin the
injunction
termination of an employee whose contract of

employment has already expired.

If Petition for Certiorari is pending with the CA,
it is the

CA which has jurisdiction to issue writ of Sps. Duluan vs. MBTC, July 8, 2015 – the Court
preliminary
cannot enjoin the bank from possessing
injunction. foreclosed

property even during the period for

redemption.
What are the formal requisites of When an application for a writ of preliminary
injunction or a
the issuance of preliminary
temporary restraining order is included in a
injunction?
complaint or any

initiatory pleading, the case, if filed in a

There must be a verified application (Sec. 4(a), multiple-sala court, shall
Rule
be raffled only after notice to and in the
58). presence of the adverse

party or the person to be enjoined. In any

event, such notice
The applicant must post a bond (Sec.4 (b), Rule
58). shall be preceded, or contemporaneously
accompanied, by

service of summons, together with a copy of the

There must be notice and hearing (Sec. 5, Rule complaint or
58).
initiatory pleading and the applicant's affidavit
and bond, upon
Can preliminary injunction be issued without the adverse party in the Philippines (Sec. 4 (c),
notice and hearing? Rule 58).

No. Are there exceptions?

Section 5, Rule 58 provides: “No preliminary YES

injunction shall be granted without

hearing and prior notice to the party or However, where the summons could not be
served
person sought to be enjoined.”
personally or by substituted service despite
diligent
Is the rule on contemporaneous service efforts, or the adverse party is a resident of the
of summons applicable to application for Philippines temporarily absent therefrom or is a
preliminary injunction? nonresident thereof, the requirement of prior
or

YES
contemporaneous service of summons shall not heard, the court to which the application for
apply preliminary

(Sec. 4 (c), Rule 58). injunction was made, may issue ex parte a
temporary

restraining order to be effective only for a

What is temporary restraining order?
period of

twenty (20) days from service on the party or

It is an order issued to preserve the status quo person
until
sought to be enjoined x x x. (Section 5, Rule 58).
the hearing of the application for a writ of
preliminary
May TRO be issued by the EJ?
injunction because preliminary injunction
cannot be

issued ex-parte (Bacolod Water District vs. If the matter is of extreme urgency and the
applicant will suffer
Labayen, 446 SCRA 110). By its nature, it could
be grave injustice and irreparable injury, the
executive judge of a
considered as a provisional remedy within a
provisional multiple-sala court or the presiding judge of a
single-sala court
remedy because it is issued to preserved the
status may issue ex-parte a temporary restraining
order effective for
quo for a limited period until the court decides
to only seventy-two (72) hours from issuance but
he shall
issue a writ of preliminary injunction
immediately comply with the provisions of the
next preceding
May TRO be issued ex-parte?
section as to service of summons and the
documents to be

YES served therewith (Sec. 5, Rule 58).

If it shall appear from facts shown by affidavits What should the judge where the case is raffled,
or by the do

verified application that great or irreparable after the EJ issued the

injury would
72 hour TRO?
result to the applicant before preliminary
injunction can be
Within the aforesaid seventy-two (72) hours, No court, except SC, can issue injunctive relief
the judge against lawful

before whom the case is raffled shall conduct a action of the government agencies that enforce
summary
environmental laws (Sec. 10, Rule 2, Part II,
hearing to determine whether the temporary A.M.
restraining
09-6-8-SC)
order shall be extended until the application for
preliminary
PD 605 bans the issuance of injunctive relief in
injunction can be heard. In no case shall the
cases
total period of
involving concessions, licenses issued by the
effectivity of the temporary restraining order
government for
exceed
exploitation of natural resources.
twenty (20) days, including the original seventy-
two hours

provided herein (Sec. 5, Rule 57). PD 1818 prohibits issuance of TRO, PI against
the execution

of government infrastructure projects.

Is 20 day TRO extendible?

PARC cannot be enjoined by court in the

NO
implementation or

enforcement of CARP under the CARP law.

The Rules provide: “In no case shall

the total period of effectivity of the

May criminal prosecution be restrained?
temporary restraining order exceed

twenty (20) days, including the original

General Rule: NO.
seventy-two hours provided herein.”

(Sect. 5, Rule 58)

Exceptions:

Instances where preliminary injunction may not

To afford adequate protection to the
be
constitutional rights of the
issued by the Court?
accused
When double jeopardy is apparent to compel them to interplead and litigate their
claims

among themselves
When necessary for the orderly administration
of justice or to avoid

oppression When is interpleader proper?

Where the charges are manifestly false and Whenever conflicting claims upon the same
motivated by lust for subject

vengeance matter are or may be made against a person

who

claims no interest whatever in the subject

When there is strictly no prima facie case
matter, or an
against the accused and the
interest which in whole or in part is not
motion to quash on that ground has been
disputed by
denied
the claimants, he may bring an action against
the
SPECIAL CIVIL ACTIONS
conflicting claimants to compel them to
interplead

Rule 62 and litigate their several claims among

themselves (Sec.
Interpleader
1, Rule 62).

Meaning of Interpleader
Requisites of Interpleader

It is a special civil action filed by a person

against whom What is the jurisdiction of interpleader?

two conflicting claims are made upon the same

subject
It depends on the subject matter of the
matter and over which he claims no interest, or conflicting claims:
if he

claims interest, the same is not disputed by the

If the subject matter of the action is personal
parties.
property – determine the value of the property
This action is brought against the conflicting
claimants
If the conflicting claims involve right to receive instrument or statute (Province of Camarines
Sur vs. CA,
particular sum – determine the amount of the
sum 600 SCRA 569).

claimed

For what purpose is declaratory relief

If the subject matter is real property – filed?

determine

the assessed value of the property

What are the actions that may be brought

under Rule 63?

If the subject matter is incapable of pecuniary

estimation - RTC
An action to determine any question of
construction

Rule 63 or validity arising, and for a declaration of his

rights or
Declaratory Relief
duties, thereunder – Declaratory Relief.

Meaning
An action for the reformation of an instrument,

to quiet title to real property or remove clouds

Declaratory relief is defined as an action by any
person interested therefrom, or to consolidate ownership under

in a deed, will, contract or other written Article 1607 of the Civil Code (Sec. 1, Rule 63)
instrument, executive

order or resolution, to determine any question

What are the requisites of declaratory
of construction or
relief?
validity arising from the instrument, executive
order or

regulation, or statute; and for a declaration of The subject matter must be deed, will, contract
his rights and duties or other
thereunder. The only issue that may be raised in written instrument, or whose rights are affected
such a petition by a
is the question of construction or validity of statute, executive order or regulation,
provisions in an ordinance, or any

other governmental regulation;

 civil action (Sec. 6, Rule 63).

The terms of said statute or document and the

validity
What are the subject matter in a petition for
thereof are doubtful and require judicial
declaratory relief? ( CESO DAW)
construction;

Deed
There must have been no breach of the statute
or

document; Will

There must be actual justiciable controversy Contract or other written instrument

The issue is ripe for judicial determination; Statute

Adequate relief is not available. Executive order or regulation,

Please take note: Ordinance

Declaratory relief must be filed before any Any other governmental regulation
breach or

violation. If the law or contract has been

violated prior NOTE: These are exclusive

to the filing of declaratory relief, the latter

recourse Illustration of exclusivity of grounds
should be dismissed (Malana vs. Tappa, 600
SCRA
An order the RTC denying petitioner’s motion to
189).
suspend the implementation of writ of
execution
BUT: If the breach occurred during the cannot become a subject matter of declaratory
pendency of
relief (Mangahas vs. Paredes, 515 SCRA 709,
declaratory relief, the latter will converted to
ordinary 716).
 An action for consolidation of ownership is an
action incapable of
Final decision of the court cannot be the subject
of pecuniary estimation (Cruz vs. Leis, 327 SCRA
570)
declaratory relief (Reyes vs. Dison, 628 SCRA

1, 15).
Rule 64

Review of the Judgment or Final Order

Who may file the petition?
of COMELEC and COA

Which court has jurisdiction?

Rule 64 governs the review of the judgment or
final
The RTC has jurisdiction as declaratory relief
order of the COMELEC and COA.
raises issue which is

incapable of pecuniary estimation (Sec. 19[1],

BP 129; Sec.1, Rule The mode of review is via Petition for Certiorari

63). under Rule 65 (Aratuc vs. Comelec, 88 SCRA

251, 272).

SC has no original jurisdiction over declaratory

relief (Clark
The ground upon which the petition must be
Investors and Locators Assn. vs. Secretary, July filed is
6, 2015).
on jurisdictional ground, that is, the COLEMEC
or

If the action is for quieting of title to real COA acted without jurisdiction or committed
property, the jurisdiction grave

depends upon the assessed value of the real abuse of discretion amounting to lack or excess
property (Heirs of of

Valeriano S. Concha vs. SPS Lumucso, 540 SCRA jurisdiction.

1, 16).

When should petition be filed?

Action for reformation of contract should be
treated as action in
The petition shall be filed within thirty (30) days
capable of pecuniary estimation, hence RTC.
from
notice of the judgment or final order or
resolution
The filing of a petition for certiorari shall not
sought to be reviewed (Sec 3, Rule 64). stay the

execution of the judgment or final order or

Does Neypes or “fresh period” resolution sought to be reviewed, unless the

rule apply to judgment or final Supreme Court shall direct otherwise upon such

order of COMELEC and COA? terms as it may deem just. (Sec. 8, id.).

NO. Section 3, Rule 64 provides: Rule 65

Certiorari, Prohibition, Mandamus

“If the motion is denied, the aggrieved party

may file
Certiorari
the petition within the remaining period, but
which
It is also called “prerogative writ” because it is
shall not be less than five (5) days in any event,
not
reckoned from notice of denial” (Pates vs.
demandable as a matter of right.
Comelec,

591 SCRA 491; Lokin vs. Comelec, June 26,

Its purpose is the correction of errors of
2012).
jurisdiction which

includes commission of grave abuse of

What is the period to file the Petition? discretion

amounting to lack or excess of jurisdiction.

The petition shall be filed within thirty (30) days

from
It is an original and independent action and not
notice of the judgment or final order or a mode of
resolution
appeal.
sought to be reviewed (Sec. 3, id.).

Certiorari cannot be substitute for appeal or lost

What is the effect of filing the appeal.

petition on the judgment or

final order? Certiorari cannot be substitute for lost appeal:

EXCEPTIONS

Certiorari under Rule 45 raises questions of law

while under
When public welfare and the advancement of
public Rule 65, it raises question of jurisdiction.

policy dictates.

Rule 45 vs. Rule 65

When broader interest of justice so require.

Certiorari under Rule 45 is to be filed within 15

days from
When writs issued are null and void.
receipt of judgment or final order while the
period to file
When the questioned order amounts to an
certiorari under Rule 65 is either 30 or 60 days
oppressive

exercise of judicial authority.

Certiorari under Rule 45 does not require filing
of MR, while
Rule 45 vs. Rule 65
in certiorari under Rule 65, the filing of MR is
required.

Certiorari under Rule 45 is a mode of appeal

while certiorari
The parties in certiorari under Rule 45 are the
under Rule 65 is a special civil action. same parties

to the action while the parties in Rule 65 are the

tribunal,
Certiorari under Rule 45 is just a continuation of
the board or officer exercising quasi-judicial
function.
appellate process of the original case, but under
Rule 65, it is

an original action. Certiorari under Rule 45 may only be filed

before SC, while

certiorari under Rule 65 may be filed with the

Certiorari under Rule 45 seeks to review the RTC.
judgment while

certiorari under Rule 65 seeks to annul the

proceedings or Essential requisites for a petition for

judgment. certiorari
1. The petition is directed against a tribunal, It is the power of an administrative agency to
board, or
investigate facts or ascertain the existence of
officer exercising judicial or quasi-judicial facts, hold
functions.
hearings, and draw conclusions from them as a
basis for

2. Such tribunal, board, or officer has acted its official action and to exercise discretion of a
without or judicial

in excess of jurisdiction or with grave abuse of nature (Aquino vs. Municipality of Malay,

discretion amounting to lack or excess of September 29, 2014).

jurisdiction.

Illustration
3. There is neither appeal nor plain, speedy or

adequate remedy in the ordinary course of law

A petition for certiorari challenging the validity
for the
of the Human Security
purpose annulling or modifying the proceeding.
Act of 2007 filed against the Anti-Terrorism
Council and its members

First Requisite was dismissed as said council is not exercising

judicial or quasi-judicial
The respondent must be exercising
function (Southern Hemisphere Engagement
judicial or quasi-judicial function.
Network vs.

Anti Terrorism Council, 632 SCRA 146, 166).

What is judicial function? – It is the power to

determine what the law is and what the legal

Petition for certiorari will not lie against the
rights of
RTWPB for the wage
the parties are, and then undertakes to
order that it issued because what was exercised
determine
is quasi-legislative
these questions and adjudicate the rights of the
function (MBTC vs. NWPC, 514 SCRA 346, 357-
parties
358).
(Aquino vs. Municipality of Malay, September

29, 2014).
Petition for certiorari will not lie to question the
EO issued by the

What is quasi-judicial function?

President for the reason that the same was exceeds its power or acts without statutory
issued in the exercise of authority.

the president’s quasi-legislative power (Galicto

vs. Aquino, 667
Grave abuse of discretion – connotes such
SCRA 150, 165).
capricious and whimsical exercise of judgment
as to be

Expanded scope of Certiorari equivalent to lack or excess of jurisdiction or the

power is exercised in an arbitrary or despotic

manner
“Petition for certiorari and prohibition are
appropriate by reason of passion, prejudice or personal
hostility.
remedies to raise constitutional issues and to
review

and/or prohibit or nullify the acts of legislative Third Requisite

and
No appeal and other speedy remedy
executive officials” (Araullo vs. Aquino, III, July
1,
Certiorari is not available where the aggrieved
2014).
party’s remedy of appeal is plain, speedy and

adequate remedy in the ordinary course of law.

The basis of this pronouncement is the second

paragraph of Section 1, Article VIII of the

Constitution. Certiorari cannot be a substitute for appeal
much

less lost appeal.

Second Requisite

Lack, excess, grave abuse

Certiorari cannot be substitute for lost appeal:

EXCEPTIONS
Without jurisdiction denotes the tribunal, board
or

officer acted with absolute lack of authority. When public welfare and the advancement

of public policy dictates.

Excess of jurisdiction – when the public
respondent
When broader interest of justice so
require. The issue is one purely of law.

When writs issued are null and void. What are the formal requirements for filing

the petition?

When the questioned order amounts to

an oppressive exercise of judicial Filing of a verified petition.

authority.

The petition shall be accompanied by a certified

true
Rule: Necessity of MR, Exceptions:
copy of the judgment, order or resolution
subject
The order is patent nullity.
thereof.

The issue has been duly raised and passed by

Copies of all pleadings and documents relevant
the lower court.
and

pertinent thereto.
There is an urgent necessity for the resolution
of the
Sworn certification of non-forum shopping as
question.
provided

in the paragraph of Section 3, Rule 46 (Sec. 1,

The subject matter of the action is perishable. Rule

65).

Petitioner is deprived of due process.

What is the effect if the formal requirements
are
MR would be useless under the circumstances.
not complied with?

Relief from arrest is urgent.

A petition is procedurally flawed if Sec. 1 of Rule
65 is
The proceedings is a total nullity. not complied with because there are
documents
important for the court’s appraisal, evaluation the Court of Appeals. (Sec. 4, Rule 65)
and

judicious disposition of the case. Non-

May the period be extended?
observance of

the rule is a sufficient cause for dismissal of the

Yes, when:
petition and cannot be merely brushed a mere

technicality (Lim vs. Vianzon, 497 SCRA 482,

Most persuasive and weighty reasons.
492-493).

To relieve a litigant from injustice

What is the period to file the petition?

Good faith of the defaulting party

The petition may be filed not later than sixty
(60) days from

notice of the judgment, order or resolution Compelling circumstances

sought to be assailed

in the Supreme Court or, if it relates to the acts

or omissions Merits of the case

of a lower court or of a corporation, board,

officer or person, in Cause not entirely attributable to the defaulting
the Regional Trial Court exercising jurisdiction party
over the

territorial area as defined by the Supreme No showing that it is frivolous

Court. It may also be

filed in the Court of Appeals whether or not the

same is in aid In the name of substantial justice and fair play

of its appellate jurisdiction, or in the

Sandiganbayan if it is in Importance of issues involved (Labao vs. Flores,
aid of its jurisdiction. If it involves the acts or 634
omissions of a SCRA 723)
quasi-judicial agency, and unless otherwise
provided by law or
Does the filing of petition stay the
these Rules, the petition shall be filed in and
cognizable only by proceedings?
 (Sec. 2, Rule 65).

NO.

Requisites

The petition shall not interrupt the course of

the
(a) it must be directed against a tribunal,
principal case unless a temporary restraining corporation,
order or
board or person exercising functions, judicial or
a writ of preliminary injunction has been issued
ministerial;
against

the public respondent from further proceeding

in the (b) the tribunal, corporation, board or person
has
case (Sec. 7, Rule 65).
acted without or in excess of its jurisdiction, or
with
Prohibition
grave abuse of discretion; and

Concept
(c) there is no appeal or any other plain, speedy,
and

It is an extra-ordinary writ commanding the adequate remedy in the ordinary course of law
tribunal,
(Belmonte vs. Deputy Ombudsman, January 13,
corporation, board, officer or person, whether
2016).
exercising

judicial, quasi-judicial or ministerial functions, to

desist Prohibition vs. Certiorari
from further proceedings when such are
conducted
In prohibition, the writ is directed against the
without or in excess of its or his jurisdiction, or
with grave respondent exercising judicial, quasi-judicial and

abuse of discretion amounting to lack or excess ministerial function while writ of certiorari is
of directed

jurisdiction, there being no appeal or any other against respondent exercising judicial and quasi-
plain, judicial.

speedy, and adequate remedy in the ordinary

course of law In writ of prohibition the objective is for the
respondent to desist while in certiorari, the is entitled.
objective is

to annul.
Mandamus will lie to compel the doing of a

ministerial act
Mandamus

The act is ministerial if the act is should be

When any tribunal, corporation, board, officer performed
or person unlawfully
under a given state of facts, in a prescribed
neglects the performance of an act which the manner, in
law specifically enjoins
obedience to the mandate of a legal authority,
as a duty resulting from an office, trust, or without
station, or unlawfully
regard to the exercise of judgment upon the
excludes another from the use and enjoyment propriety
of a right or office to
or impropriety of the act done (Cudia vs.
which such other is entitled, and there is no
Superintendent of PMA, February 24, 2015)
other plain, speedy and

adequate remedy in the ordinary course of law,

the person aggrieved Mandamus will not lie on the following
thereby may file a verified petition for cases:
mandamus to command the

respondent to do the act required to be done to

protect the rights of Mandamus will not lie to compel the discretion
of
the petitioner (Sec. 3, Rule 65)
the judge to decide a motion pending before
him in
Subjects of Mandamus a particular way (Morada vs. Caluag, 5 SCRA

1128, 1130).
Neglect to perform an act which the specifically

enjoins as a duty. Mandamus will not lie against a government

school

or an official with the duty that involves

Unlawful exclusion of another from the use and
exercise of
enjoyment of a right or office to which such
discretion like admission of the students (UP vs.
other
Ayson, 176 SCRA 571, 577)
 424 SCRA 277, 326) or even a public

Mandamus will not lie to compel UP to allow franchise (Sec. 1, Rule 66).
the

graduation of a student who failed to meet the

Quo warranto that may be brought by the
requirements (Magtibay vs. Garcia, 120 SCRA
government:
370, 374).

(a) Against a person who usurps, intrudes into,

Mandamus will not lie on the following or

cases: unlawfully holds or exercises a public office,

position

or franchise;
Mandamus will not lie to compel the prosecutor

to file an Information (Hegerty vs. CA, 409

(b)
SCRA 285)
Against a public officer who does or suffers an
act
Mandamus will not lie to compel the PMA to
which, by the provision of law, constitutes a
restore cadet’s rights and entitlement as a ground

full-fledge graduating cadet (Cudia vs. for the forfeiture of his office; or

Superintendent of PMA, February 24,

2015) (c)

Against an association which acts as a

corporation
Rule 66
within the Philippines without being legally
Quo Warranto
incorporated or without lawful authority so to
act
Concept (Sec. 1, Rule 66).

It is a proceeding generally defined as an May it be filed by an individual?

action against a person who usurp, intrudes

into, or unlawfully holds or exercise a YES

public office (Tecson vs. COMELEC,
A person claiming to be entitled to a public What is the period for the filing of

office or position usurped or unlawfully held petition?

or exercised by another may bring an action

therefor in his own name (Sec. 5, Rule Nothing contained in this Rule shall be
construed to
66).
authorize an action against a public officer or
employee for
Who may commence the petition?
his ouster from office unless the same be
commenced within

When may the solicitor general or public one (1) year after the cause of such ouster, or
the
prosecutor commence
right of the petitioner to hold such office or
the petition? position,

arose; nor to authorize an action for damages in

What is the jurisdiction and venue of accordance

petition? with the provisions of the next preceding

section unless the

same be commenced within one (1) year after

An action under the preceding six sections can the entry of
be
the judgment establishing the petitioner's right
brought only in the Supreme Court, the Court of to the office in
Appeals, or in the Regional Trial Court exercising question (Sec. 11, Rule 66).
jurisdiction over the territorial area where the

respondent or any of the respondents resides, Rule 67

but
Expropriation
when the Solicitor General commences the
action, it

may be brought in a Regional Trial Court in the Power of eminent domain is one of the
City fundamental

of Manila, in the Court of Appeals, or in the powers of the state.

Supreme

Court (Sec. 7, Rule 66). Sec. 9, Art. III is not a conferment of the power,
but rather

a limitation.
 It is the full and fair equivalent of property
taken form
Two requisites for the validity of the exercise of
the its owner by the expropriator. The measure is
not the
power of eminent domain is that 1) it must be
exercise for taker’s gain, but the owner’s loss. The word
“just” is
public purpose; 2) payment of just
compensation. used to intensify the meaning of the word

“compensation” and to convey the idea that the

Power of eminent domain can be used as equivalent to be rendered for the property to
implement of be taken

police power. shall be real, substantial, full and ample. It is

equivalent

to the market value of the property (Republic

Expropriation is not limited to acquisition of
vs.
title. Burden
Rural Bank of Kabacan, Inc., 664 SCRA 233,
to a property is tantamount to “taking”.
244)

Concept of “public use”

Can the government divert the use

of property taken different from

The concept has been expanded. It is not
limited to the purpose for which the

actual “public use”. petition was filed?

The meaning include “usefulness, utility, or No. a condemnor should commit the use of the
advantage or
property pursuant to the purpose stated in the
what is productive of general benefit…(Vda de
petition for expropriation, failing which it
Ouano
should file
vs. Republic, 642 SCRA 384, 408-409). Example,
another petition for new purpose. If not, then it
socialized housing (Abad vs. Fil-Homes Relaty
behooves the condemnor to return the said
Realty Development Corp., 636 SCRA 247, 254). property

to its owner, if the latter so desires (Vda. De

Ounao
Concept of “just compensation”
vs. Republic, 642 SCRA 385, 409)
 Second stage – determination of just
compensation
Eminent domain of LGU, requisites:
(Municipality of Binan vs. Garcia, 180 SCRA

576, 583-584)
There must be an ordinance enacted for the
purpose.

What must be alleged in the petition?

The power of eminent domain is exercised for

public
State with certainty the right of the plaintiff to
use, purpose or welfare or for the benefit of the
expropriation and the purpose thereof
poor

and landless.
Describe the personal and real property sought
to be
It must be exercised through its chief executive.
expropriated.

Payment of just compensation.

Join as defendants all person owning or
claiming to

There must be previous offer to buy but it was own, or occupying any property or any interest
refused
therein, showing as far as practicable the
(Sec. 19, LGC, RA7160) interest of

defendant. If the plaintiff cannot identify the

owner, it
What are the stages in expropriation
must be so stated (Sec. 1, Rule 67).
process?

What are the defenses and objection in

First stage – the determination of the authority
of the answer?

the plaintiff to expropriate. This determination

includes
If a defendant has no objection or defense to
an inquiry into the propriety of the the
expropriation – its
action or the taking of his property, he may file
necessity and the public purpose. and

serve a notice of appearance and a

manifestation to
that effect, specifically designating or as to the amount of the compensation to be
identifying the paid

property in which he claims to be interested, for his property, and he may share in the
within
distribution of the award. (Sec. 3, Rule 67).
the time stated in the summons. Thereafter, he
shall be
Which court has jurisdiction?
entitled to notice of all proceedings affecting
the same

(Sec. 3, Rule 67). It is the RTC has jurisdiction because petition for

expropriation is an action incapable of

pecuniary
Is omnibus motion rule applicable?
estimation regardless of the value of the subject

property (Barangay San Roque vs. Hiers of

Yes.
Pastor, 334 SCRA 127, 134).

A defendant waives all defenses and objections

When is possession on the property
not so alleged but the court, in the interest of
allowed?
justice, may permit amendments to the answer
to

be made not later than ten (10) days from the Under the Rules of Court – upon the deposits by
filing thereof (Sec. 3, Rule 67). expropriator of an amount equivalent to the
assessed value

of the property for purposes of taxation with

May the defendant be declared in default in
the
presenting evidence on just compensation?
authorized government depositary (Sec. 2, Rule
67).

No.

After such deposit is made the court shall order

the sheriff
At the trial of the issue of just compensation,
or other proper officer to forthwith place the
whether or not a defendant has previously
plaintiff in
appeared or answered, he may present
possession of the property involved and
evidence
promptly submit a
report thereof to the court with service of allowed (Republic vs. Gingoyon,
copies to the
478 SCRA 474, 515-518).
parties (Sec. 2, id.).

What is the effect if objections of the

When is possession on the property
defendant are overruled or the defendant did
allowed?
not object on the authority and purpose of

the expropriation or no party appears

Under the LGC – LGU may take possession of
to object
the

property upon filing of petition and after

making The court may issue an order of expropriation
declaring
deposit of 15% of the market value of property
based that the plaintiff has a lawful right to take the
property
on the current tax declaration (Sec. 19, LGC.).
sought to be expropriated, for the public use or
purpose
Under R.A. 8974 – with respect to government
described in the complaint, upon the payment
infrastructure project, upon filing of complaint of just
and
compensation to be determined as of the date
payment to the owner of sum equivalent100% of the taking
of the
of the property or the filing of the complaint,
value of the property based on current relevant whichever
zonal
came first (Sec. 4, Rule 67).
valuation.

What is the nature of order of

Please take note:
expropriation?

If LGC is not applicable or that the

It is a final order which susceptible to appeal.
property taken is not for government Such

infrastructure project, it is Rule 67, appeal, however, shall not prevent the court
from
Section 2 which is applicable with
determining the just compensation to be paid
respect to when possession should be
(Sec.4,
Rule 67).

Hearing before commissioners are

indispensable.
Also, The right of the plaintiff to enter upon the

property of the defendant and appropriate the

same Trial with aid of commissioner is substantial
right (NPC vs.
for public use or purpose shall not be delayed
by an De la Cruz, 514 SCRA 56).

appeal from the judgment (Sec. 11, Rule 67).

The findings of commissioner may be

disregarded by the
What if the RTC is reversed on appeal?
Judge but, the latter may do so only for valid
reason (NPC
if the appellate court determines that plaintiff
vs. Dela Cruz, id.).
has no

right of expropriation, judgment shall be

rendered Just compensation should be determined as of
the date of
ordering the Regional Trial Court to forthwith
enforce the taking of the property or the filing of the
complaint,
the restoration to the defendant of the
possession of whichever came first (Sec. 4, Rule 67).

the property, and to determine the damages

which the
What is the effect of non-payment of just
defendant sustained and may recover by reason
compensation?
of the

possession taken by the plaintiff (Sec. 11, Rule

67). Non-payment of just compensation does not

automatically entitle the private landowner to

recover
Rule on ascertainment of just
possession of the expropriated lots. However, in
compensation?
cases

where the government failed to pay just

Appointment of 3 commissioners is mandatory compensation
(Se. 5,
within five (5) years from the finality of
Rule 67). judgment in the
expropriation proceedings, the owners Please take note:
concerned shall

have the right to recover possession of their

In an indebtedness subject to mortgage, the
property
creditor has
(Republic vs. Lim, 462 SCRA 265, 288-289)
the following alternative remedies:

Rule 68
To file an action for collection of sum of money.
Foreclosure of Real Estate Mortgage

To foreclose the mortgage.

In an action for the foreclosure of a mortgage or
other
The remedies are mutually exclusive; such that
encumbrance upon real estate, the complaint
the
shall set forth
availment of one, excludes the other.
the date and due execution of the mortgage; its
Therefore, if one files
assignments, if any; the names and residences
a collection suit and then thereafter files a
of the
petition for
mortgagor and the mortgagee; a description of
foreclosure of mortgage, the same constitute a
the
splitting of
mortgaged property; a statement of the date of
cause of action (Bank of America, NT & SA vs.
the note or
Amreican Realty Corp, 321 SCRA 659, 667-669;
other documentary evidence of the obligation
secured by Marilag vs. martinez, July 22, 2015).
the mortgage, the amount claimed to be unpaid
thereon;
Jurisdiction of judicial foreclosure
and the names and residences of all persons
having or

claiming an interest in the property subordinate Judicial foreclosure is a real action. Thus,
in right to jurisdiction depends on the assessed value of
that of the holder of the mortgage, all of whom real
shall be property.
made defendants in the action (Section 1, Rule
68).
Thus, if the value of real property is 20K below
in
the provinces of 50K below in the NCR, the made defendants in the action (Section 1, Rule
68).
jurisdiction is with the MTC; otherwise, it is the

RTC.
What should the judgment in judicial

foreclosure contain?
What are the different modes of

foreclosing mortgage?
Ascertainment of the amount due to the
plaintiff upon the mortgage debt
What should be alleged in the complaint?
or obligation, including interest and other
charges as approved by the

Date and due execution of the mortgage; court, and costs;

its assignments, if any; The sum so found due

the names and residences of the mortgagor and Order the amount found due to be paid to the
the court or to the judgment

mortgagee; obligee within a period of not less than ninety

(90) days nor more than

one hundred twenty (120) days from the entry

a description of the mortgaged property; a of judgment,
statement of the

date of the note or other documentary

evidence of the and admonition that in default of such payment
the property shall be sold
obligation secured by the mortgage,
at public auction to satisfy the judgment
(Section 2).
the amount claimed to be unpaid thereon;

The judgment is appealable.

and the names and residences of all persons
having or
What is equity of redemption?
claiming an interest in the property subordinate
in right to

that of the holder of the mortgage, all of whom It is the period within which the mortgagor may
shall be start
exercising his equity of redemption, which is the He should file a motion for confirmation of sale
right (Sec. 3.

to extinguish the mortgage and retain Rule 68).

ownership of the

property by paying the debt. The payment may

Here the motion requires notice and hearing
be
(Tiglao vs.
made even after the foreclosure sale provided it
Botones, 90 Phil. 275, 278).
is

made before the sale is confirmed by court

(GSIS vs. The confirmation of sale shall operate to divest
the rights in
CFI, 175 SCRA 19, 25).
the property of all the parties to action and vest
the rights
What is the effect if the mortgagor failed
in the purchaser, subject to the rights of
to pay the sum due within the period redemption under

given? the law (Sec. 3, Rule 68).

The court, upon motion, shall order the Order of confirmation is appealable.
property to

be sold in the manner and under the provisions

What is the effect of finality of the
of Rule
confirmation of the sale?
39 and other regulations governing sales of real
estate

under execution (Sec. 3, Rule 57). Upon the finality of the order of confirmation or
upon the

expiration of the period of redemption when

There should be motion, but the motion is ex-
allowed by
parte
law, the purchaser at the auction sale or last
(Govt. of PI vs. De Las Lajigas, 55 Phil 668, 672).
redemptioner,

if any, shall be entitled to the possession of the

What should the mortgagee do, after property

the sale of the mortgage property is unless a third party is actually holding the same
adversely to
made?
the judgment obligor. The said purchaser or last
redemptioner may secure a writ of possession, Yes.
upon

motion, from the court which ordered the

If upon the sale of any real property, there be a
foreclosure
balance due to the plaintiff after applying the
(Sec. 3, Rule 68).
proceeds of the sale, the court, upon motion,
shall
The motion is ex-parte (Carlos vs. CA, 537 SCRA
render judgment against the defendant for any
247,
such
253).
balance for which he may be personally liable to
the

Disposition of the proceeds of sale plaintiff, upon which execution may issue
immediately

if the balance is all due at the time of the

They shall, after deducting the costs of the sale,
rendition of
be paid
the judgment; otherwise, the plaintiff shall be
to the person foreclosing the mortgage, and
entitled
when
to execution at such time as the balance
there shall be any balance or residue, after
remaining
paying off
becomes due under the terms of the original
the mortgage debt due, the same shall be paid
to junior contract, which time shall be stated in the
judgment
encumbrancers in the order of their priority, to
be (Sec. 6, Rule 68).

ascertained by the court, or if there be no such

encumbrancers or there be a balance or residue Is there still a need to file a separate case to
after
recover the deficiency?
payment to them, then to the mortgagor or his
duly
No need.
authorized agent, or to person entitled to it
(Sec. 4,

Rule 68). A motion for the recovery of deficiency can

be filed in the same court where judicial

Is the mortgagee entitled to deficiency? foreclosure was filed (Sec. 6, Rule 68).
Rule 69 When property is not subject to a physical
division
Partition
(495, CC)

Partition is defined as the separation, division

and When condition is imposed but not yet fulfilled
(1084,
assignment of a thing held in common among
those to CC)

whom it may belong (Art. 1079, CC).

Prescription of action for partition

Partition presupposes the existence of a co-

ownership
It does not prescribe. Thus, a co-owner may
over a property between two or more persons. filed
Thus, a
the action for partition anytime (494, CC).
division of property cannot be ordered by the
court
However, when of the co-owner repudiated the
unless the existence of co-ownership is first
established co-ownership, and the co-owner is advice of the
(Co Giuk Lun vs. Co, 655 SCRA 131, 138). repudiation such repudiating co-owner may

acquire ownership thereof thru prescription

Instances where co-owner may not (Heirs of Restar vs. Heirs of Cichon, 475
demand partition SCRA 731, 738).

There is agreement not to divide for a period of Which court has jurisdiction?
time,

not exceeding ten (10) years (Art. 494).

Partition is a real action. Thus, jurisdiction
depends on
The partition is prohibited by the donor for a the assessed value of real property.
period

not exceeding 20 years (Art. 494 and 1083 CC)

Thus, if the value of real property is 20K below
in the
When partition is prohibited by law (494, CC) provinces of 50K below in the NCR, the
jurisdiction is
with the MTC; otherwise, it is the RTC

What is the procedure after the court

What are the stages of partition? declared that co-ownership exists and that

the plaintiff has the right to partition

Please take note: the property?

Both phases are subject to appeal. Court will direct the parties to partition the
property

among themselves (Sec. 2, Rule 69).

The action for partition is subject to multiple

appeals and would require record on appeal

If the don’t agree, the parties shall appoint
(Roman Catholic Archbishop of Manila
three (3)
vs. CA, 258 SCRA 186, 194).
independent commissioners to make the
partition (Sec. 2,

Who may file the petition? Rule 69).

A person having the right to compel the Commissioners will submit their full and
partition of real accurate report.

estate may do so (Sec. 1, Rule 69). The Court upon receipt of the report, shall
through its

clerk of court furnished the parties of the

What has to be alleged in the complaint? report. They are

allowed to comment or register their objection

The nature and extent of his title; to the

report within (10) days from the receipt thereof

(Sec. 7,
Adequate description of the real estate of which
Rule 69).
partition is demanded;

What should be the action of the court after the

Joining as defendants all other persons filing
interested in
of the report?
the property (Sec. 1, Rule 69).
Court may, upon hearing, accept the report and Accion publiciana – MTC or RTC, depending on
render the

judgment in accordance therewith; assessed value of the real property.

For cause shown, recommit the same to the Accion reindivicatoria – MTC or RTC, depending

commissioners for further report of facts; on the value of the real property.

Or set aside the report and appoint new What are the two causes of actions under
commissioners;
Rule 70?

Or accept the report in part and reject it in part;

Forcible entry – an action to recover possession
and may
of a
make such order and render such judgment as
property from the defendant whose occupation
shall
thereof is
effectuate a fair and just partition of the real
illegal from the beginning since he acquired
estate, or of
possession by
its value, if assigned or sold as above provided,
force, intimidation, threat, strategy or stealth.
between

the several owners thereof (Sec. 7, Rule 69).

Unlawful detainer – an action for recovery of
possession
Rule 70
from the defendant whose possession of the
Forcible Entry and Unlawful detainer property was

lawful from the beginning, but became illegal

when he
Which court has jurisdiction over
continued his possession despite the
possessory actions?
termination of his

right thereunder (Sarmieta vs. Manalite

Accion interdictal – MTC, regardless of the value Homeowners
of
Association, 632 SCRA 538, 546).
real property and amount of damages or unpaid
rentals.
Section 1, Rule 70 gives the two causes of

action
 entry cases?

a person deprived of the possession of any land

or
While prior physical possession is an
building by force, intimidation, threat, strategy, indispensable
or
requirement in forcible entry cases, emphasis
stealth – forcible entry should be

made however that possession can be acquired

not only by
lessor, vendor, vendee, or other person against
whom material occupation, but also by the fact that a
thing is
the possession of any land or building is
unlawfully subject to the action of one's will or by the
proper acts and
withheld after the expiration or termination of
the legal formalities established for acquiring such
right.
right to hold possession, by virtue of any
contract,

express or implied – unlawful detainer Possession can be acquired by juridical acts.

These are acts

to which the law gives the force of acts of

What should be alleged in forcible entry?
possession.

Please take note:

Juridical acts were sufficient to establish the
plaintiff's prior

Prior physical possession is the primary possession of the subject property. (Mangaser
vs. Ugay,
consideration in a forcible entry case.
December 3, 2014).
A party who can prove prior physical

possession can recover such

What should be alleged in the complaint for
possession even against the owner unlawful
himself (Antazo vs. Doblada, 611 detainer?
SCRA 586).

Possession of the property by the defendant

What is the meaning of prior was by

physical possession in forcible contract with or by tolerance of the plaintiff.

 and when dispossession started, the remedy
should
Such possession became illegal upon notice by
the plaintiff either be an accion publiciana or accion
reinvindicatoria
to the defendant of the termination of the
latter’s (Jose vs. Alfuerto, November 26, 2012; Suarez

possession. vs. Emboy, March 12, 2014).

Defendant remained in possession of the Forcible entry vs. unlawful detainer

property and

deprived the plaintiff enjoyment thereof.

In forcible entry, there must be an allegation of
prior

Within one (I) year from the last demand on the possession of the plaintiff; in unlawful detainer,
defendant the

to vacate the property, the plaintiff instituted allegation should how the possession of the
the complaint defendant

for ejectment (Romullo vs. Samahang becomes illegal.

Magkakapitbahay ng Bayanihan Compound

Homeowners Association, 632 SCRA 411, 419- In forcible entry, demand to vacate is not
420). needed; in

unlawful detainer, demand to vacate is a

prerequisite.
What is the effect if there is failure to

alleged facts necessary for forcible entry

In forcible entry, the one-year period to file
and unlawful detainer?
action should

be counted from the date of actual entry; while

The jurisdictional facts must appear on the face in unlawful
of the
detainer the one-year period to file action must
complaint. When the complaint fails to aver be counted
facts
from the date of the last demand to vacate.
constitutive of forcible entry or unlawful
detainer, as
Please take note:
where it does not state how entry was effected
or how
When the entry is by stealth, the one-year shall be commenced only after demand to pay
period to file action or

should reckoned from the discovery of entry comply with the conditions of the lease and to
(Nunez vs.
vacate is made upon the lessee, or by serving
SLTEAS Phoenix Solutions, Inc., 618 SCRA 134, written
142).
notice of such demand upon the person found
on the

When possession is by tolerance, it becomes premises, or by posting such notice on the

illegal upon premises if

demand to vacate by the owner and the no person be found thereon, and the lessee fails
possessor by tolerance to

refuses to comply with such demand (Piedad vs. comply therewith after fifteen (15) days in the
Gurieza, case of

June 18, 2014). land or five (5) days in the case of buildings (Sec.
2,

Rule 70).
The rule on tolerance does not apply in a case
where there was

forcible entry at the start (Munoz vs. CA, 214 Demand is to “pay unpaid rental
SCRA 216, 224).
or to vacate”. Will this make out a
Hence, in this case, unlawful detainer is not the
case of unlawful detainer?
proper remedy

(Jose vs. Alfuerto, November 26, 2012).

No. It should be demand to pay and vacate.

Nature of interdictal cases

A demand in the alternative to pay the
increased rental
It is both real and in personam
or otherwise vacate the land is not a demand
that will

Unlawful detainer in give rise to an unlawful detainer case (Penas vs.

CA,
lease contract cases
233 SCRA 744, 747).

Unless otherwise stipulated, such action by the

lessor What is the form of demand?
 cases?

Written notice of such demand upon the person

found on the premises, or by posting such Except in cases covered by the agricultural
notice
tenancy laws or when the law otherwise
on the premises if no person be found thereon
expressly provides, all actions for forcible
(Sec. 2, Rule 70).
entry and unlawful detainer, irrespective of

the amount of damages or unpaid rentals

How about verbal demand?
sought to be recovered, shall be governed

by the summary procedure hereunder

Yes (Jakihaca vs. Aquino, 181 SCRA 67)
provided (Sec. 3, Rule 70).

When is right to commence action in

Pleadings allowed
lease contract?

The only pleadings allowed to be filed are

When the lessee fails to comply therewith after
the complaint, compulsory counterclaim and
fifteen
cross-claim pleaded in the answer, and the
(15) days in the case of land or five (5) days in
the case answers thereto. All pleadings shall be
of buildings. verified (Sec. 4, Rule 70).

“Tacita reconduccion” Can the court motu propio dismiss the

complaint?
at the end of the lease contract, the lessee

should continue enjoying the property YES

leased for 15 days with the consent of the

lessor, and no notice to the contrary has The court may, from an examination of the
been given, it is understood that there is an allegations in the complaint and such evidence
implied new lease contract (1670, CC). as may be attached thereto, dismiss the case

outright on any of the grounds for the

What procedure should govern ejectment dismissal of a civil action which are apparent
therein. If no ground for dismissal is found, it complaint within the period above

shall forthwith issue summons (Sec. 5, Rule provided, the court, motu proprio or on

5) . motion of the plaintiff, shall render

judgment as may be warranted by the facts

Answer to Complaint alleged in the complaint and limited to what

is prayed for therein (Sec. 7, Rule 70).

Within ten (10) days from service of summons,

the
What should the court do in case
defendant shall file his answer to the complaint
tenancy relationship is alleged in
and serve a
the answer?
copy thereof on the plaintiff. Affirmative and
negative

defenses not pleaded therein shall be deemed Where tenancy is raised as a defense, the court
waived, must
except lack of jurisdiction over the subject conduct a hearing on the matter to determine
matter. the

veracity of the allegations of tenancy (Onquit vs.

Cross-claims and compulsory counterclaims not Binamira-Parcia, 297 SCRA 354).
asserted in

the answer shall be considered barred. The

answer to Procedure in the MTC

counterclaims or cross-claims shall be served

and filed Immediate execution
within ten (10) days from service of the answer
in which
How to stay the execution of
they are pleaded (Sec. 6, Rule 70).
judgment

Is there default in ejectment cases?

Appeal is perfected and the defendant files

a sufficient supersedeas bond, approved by

NO.
the Municipal Trial Court and executed in

favor of the plaintiff to pay the rents,

Should the defendant fail to answer the
damages, and costs accruing down to the Court against the defendant shall be

time of the judgment appealed from. (Sec. immediately executory, without

19, Rule 70). prejudice to a further appeal that may

be taken therefrom (Sec. 21, Rule 70).

How to stay the execution of

judgment Rule 71

Contempt

And during the pendency of the appeal,

he deposits with the appellate court Direct contempt

the amount of rent due from time to

time under the contract, if any, as A person guilty of misbehavior in the presence
of or
determined by the judgment of the
so near a court as to obstruct or interrupt the
Municipal Trial Court. (Sec. 19, Rule
proceedings before the same, including
70).
disrespect

toward the court, offensive personalities toward

How to stay the execution of
others, or refusal to be sworn or to answer as a
judgment
witness, or to subscribe an affidavit or
deposition

In the absence of a contract, he shall deposit when lawfully required to do so, may be
summarily
with the Regional Trial Court the reasonable
adjudged in contempt by such court (Sec. I, Rule
value of the use and occupation of the premises 71)
for the preceding month or period at the rate

determined by the judgment of the lower court Penalty for direct contempt
on or before the tenth day of each succeeding

month or period (Sec. 19, Rule 70). a fine not exceeding two thousand pesos or

imprisonment not exceeding ten (10) days, or

Decision of the RTC is executory both, if

it be a Regional Trial Court or a court of

equivalent or
The judgment of the Regional Trial
higher rank, or of his official duties or in his official
transactions;

by a fine not exceeding two hundred pesos or

Disobedience of or resistance to a lawful writ,
imprisonment not exceeding one (1) day, or
process,
both, if it
order, or judgment of a court;
be a lower court (Sec. 1, Rule 71).

Any abuse of or any unlawful interference with

Remedy of the person adjudged of direct
the
contempt
processes or proceedings of a court not
constituting

The person adjudged in direct contempt by any direct contempt under Section 1 of this Rule;
court

may not appeal therefrom, but may avail

Acts constituting indirect contempt
himself of the

remedies of certiorari or prohibition. The

Any improper conduct tending, directly or
execution of the judgment shall be suspended
indirectly, to
pending
impede, obstruct, or degrade the administration
resolution of such petition, provided such
of
person files a
justice;
bond fixed by the court which rendered the
judgment

and conditioned that he will abide by and Assuming to be an attorney or an officer of a

perform the court, and

judgment should the petition be decided acting as such without authority;

against

him.(Sec. 2, Rule 71).

Failure to obey a subpoena duly served;

Acts constituting indirect contempt

The rescue, or attempted rescue, of a person or

property in the custody of an officer by virtue of

Misbehavior of an officer of a court in the an
performance
order or process of a court held by him (Sec. 3,
Rule
71). proceedings may also be instituted in such
lower court

subject to appeal to the Regional Trial Court of

How is indirect contempt commenced?
such place

in the same manner as provided in Section 2 of

By order of the court, or a formal charge by the this Rule

offended court. This is in the nature of a show (Sec. 5, Rule 71).

cause

order.
EXECUTION

By verified petition with full requirements of

Meaning of execution
initiatory

pleading for civil action. It is treated as a

separate case Execution is a remedy afforded for the
satisfaction
to be docketed separately (Sec. 4, Rule 71).
of a judgment. Its object being to obtain

satisfaction of the judgment on which the writ is

Where should the charge be filed?
issued (Cagayan de Oro Coliseum vs. CA, 320

SCRA 731, 754).

Where the charge for indirect contempt has
been

committed against a Regional Trial Court or a It is the fruit and the end of the suit, and is the
court of life

equivalent or higher rank, or against an officer of the law (Ayo Violago-Isnani, 308 SCRA 543,
appointed
551).
by it, the charge may be filed with such court;

Which part of the decision is executed?

Where such contempt has been committed
against a lower
The dispositive portion of the decision is that
court, the charge may be filed with the Regional
part of
Trial
the decision which is executed.
Court of the place in which the lower court is
sitting.
The dispositive portion is that which vests rights (Lao vs. King, 500 SCRA 280).
upon

the parties, sets condition for the exercise of

When is execution a matter of right?
those

rights, and imposes the corresponding duties

and SECTION 1. Execution Upon Judgments or Final
Orders.
obligations. Hence if there is a conflict between
the — Execution shall issue as a matter of right, on
motion, upon a
dispositive portion of the decision and the body
judgment or order that disposes of the action or
thereof, the dispositive portion controls
proceeding upon
irrespective of
the expiration of the period to appeal
what appears in the body (Globe Telecom, Inc.,
therefrom if no appeal has
vs.
been duly perfected (Rule 39).
Florendo-Flores, 390 SCRA 201, 210).

It is ministerial duty of the court to issue writ of

Writ of execution should conform to the
execution when
dispositive portion
the judgment is already final. Thus, the act may
be compelled by

The writ may not vary the terms of judgment to mandamus. This is base on the principle of
be executed immutability of

(Buan vs. CA, 235 SCRA 424, 432). Thus, if the judgment (Philippine Trust Co. vs. Roxas, GR
judgment does 171897,

not provide for the payment of interest, the Otober 14, 2015).
writ of execution

cannot modify the judgment by requiring the

When is execution a matter of discretion?
judgment obligor

to pay interest. That part of the writ imposing

interest is void SECTION 2(a) – Execution of a judgment or final
order pending appeal.
(Solidbank Corporation vs. CA, 379 SCRA 159,
166). An — On motion of the prevailing party with notice
to the adverse party
order of execution which does not conform to
the dispositive filed in the trial court while it has jurisdiction
over the case and is in
portion of the decision sought to be enforced is
null and void
possession of either the original record or the original record or record on appeal;
record on appeal,

as the case may be, at the time of the filing of

There must be good reason to justify the
such motion, said court
discretionary;
may, in its discretion, order execution of a
judgment or final order even
Good reason must be stated in a special order.
before the expiration of the period to appeal.

Is frivolous appeal a good reason to grant a

After the trial court has lost jurisdiction, the
motion for execution discretionary execution of judgment?
pending appeal may be filed in the appellate
court.
No.

Discretionary execution may only issue upon

good reasons to be stated Where the sole reason given by the trial court in
allowing
in a special order after due hearing (Rule 39).
execution is that the appeal is frivolous and
dilatory,
What are the requisites for execution pending appeal cannot be justified
because the
discretionary execution?
authority to disapprove an appeal pertains to
the appellate
There must be motion filed by the prevailing
court (International School, Inc., [Manila] vs.
party with
Court
notice to the adverse party;
of Appeals, 309 SCRA 474, 483).

There must be a hearing of the motion for

Mere allegation that the appeal is dilatory is not
discretionary
a good
execution;
reason to merit discretionary execution
(Intramuros

The motion must be filed in the trial court while Tennis Club vs. CA, 341 SCRA 90, 107).
it has

jurisdiction over the case and is in possession of

Is posting of bond enough reason to grant
either the
execution pending appeal?
No. Where the judgment debtor is insolvent or in

imminent danger of being insolvent (Santos vs.

The mere filing of a bond by the successful Mojica, Jan. 4, 1969).

party is not in itself a

good reason for ordering execution pending

Suppose the Court granted the motion for
appeal, because it is
execution in cases where it is discretionary,
the combination of circumstances which is the
dominating how can execution be stayed?
reason that would justify immediate execution,
the bond only
It can be stayed by filing a sufficient
an additional factor (International School, Inc.,
[Manila] supersedeas bond which will guaranty the

vs. Court of Appeals, 309 SCRA 474, 483). performance of the judgment or order

allowed to be executed in case it shall be

Otherwise, what the prevailing party would do finally sustained in whole or in part (Section
is just to post a 3, Rule 39).
bond, and execution pending appeal will be
issued as a matter
Is motion necessary for the issuance of writ
of course (Roxas vs. CA, 157 SCRA 370).
of execution?

Example of good reasons

Yes. Motion is necessary. It is extant from the

Section 1, Rule 39. Motion is required even if

Where there is danger of the judgment the
becoming
judgment is already final and executory (Ilaw
ineffectual, as where the losing party is
disposing of its Buklod ng Manggagawa [IMB] vs. Nestle

assets (Scottish Union & National Insurance Co. Philippines, Inc., September 23, 2015).

vs. Macadaeg, 91 Phil. 891) or where the

articles Judge, therefore, may not order the execution
subject of the case would deteriorate motu prio (Lou vs. Siapno, 335 SCRA 181).
(Federation of

United NAMARCO vs. CA, 4 SCRA 867).

Is it required that the losing party be notified of on motion of the judgment obligee, submitting
therewith
the motion for execution?
certified true copies of the judgment or
judgments or
We have repeatedly held that once a judgment
final order or orders sought to be enforced and
becomes final,
of the
the prevailing party is entitled as a matter of
entry thereof, with notice to the adverse party
right to a writ of
(Section
execution and its issuance is the trial court's
1, Rule 39).
ministerial duty.

When a prevailing party files a motion for

execution NOTE: In an appealed decision, there is no need
to wait for
of a final and executory judgment, it is not
mandatory the records of the case.

for such party to serve a copy of the motion to

the
May one file the motion for execution with
adverse party and to set it for hearing. The
the appellate court?
absence of

such advance notice to the judgment debtor

does not What is the lifetime of the writ of
constitute an infringement of due process execution?
(Mejia-Espinoza

vs. Carino, GR193397, January 25, 2017).

How may final and executory judgment or

order be executed?
Where should one file his motion for

execution?
Section 6, Rule 39

Execution shall be applied for in the COURT OF

ORIGIN. What is revival of judgment?

If the appeal has been duly perfected and finally It is an action intended to secure the execution
resolved, the of a previous

execution may forthwith be applied for in the judgment which has become dormant after the
court of origin, passage of five
years without it being executed upon motion of
the prevailing
It may even be subject to counterclaims arising
party. out of

the transactions not connected with the former

It is not intended to re-open any issue affecting controversy (Basilonia vs. Villaruz, August 10,
the merits of 2015)

the case judgment debtor’s case nor the

propriety or
Please take NOTE:
correctness of the first judgment.

The revived judgment may also be enforced by

It is a new and an independent action separate
motion within five (5) years from the date of its
and distinct from
entry and thereafter by action before it is
the previous action sought to be revived. The
barred by
cause of action is
the statute of limitations (Section 6, Rule 39;
the judgment itself (Saligumba vs. Palanog, 573
SCRA 8, PNB vs. Bondoc, 14 SCRA 770, 770-772).
15-16).

The rule abandoned the previous ruling of the

What are the defenses that may be Supreme Court in PNB vs Deloso and Luzon
invoked in an action to revive? Surety vs. IAC.

Jurisdictional defenses Which court has jurisdiction over an

action for revival of judgment?

Prescription

Heirs of Miranda, Sr., vs. Miranda, GR 179638,

July 8,
Payment
2013 – An action for revival of judgment may be
filed either in
Other defenses arising after the finality of
the same court where the judgment was
judgment
rendered or in the

place where the plaintiff or defendant resides or

NOTE: in any other
place designated by the statutes. interrupted?

VENUE: The Court in certain instances, allowed

execution of the

judgment by mere motion despite the lapse of

Infante vs. Aran Builders, 531 SCRA 123 – the
he five-year
proper
time. In many instances, the delays in the
venue depends on the determination of
execution of
whether the present
judgment were through causes clearly
action for revival judgment is real or personal
attributable to the
action.
judgment debtor as when he employs legal
maneuvers to block
Please take NOTE:
the enforcement of the judgment. Delays
attributable to the

If the writ of execution was issued and levy defendant have the effect of suspending the
made within running of the

five years from entry of the judgment, the prescriptive period for the enforcement of the
auction sale judgment

may be made even after the five year period. (Camacho vs. CA, 287 SCRA 611; Republic vs.
The sale of CA, 260

the property and the proceeds are merely SCRA 344, 349-350).
means to

carry the writ of execution and a levy already

What are the judgments that are not stayed by
validly
appeal?
made. Accordingly and the application of the
proceeds
SECTION 4. Judgments Not Stayed by Appeal. —
are merely, the levy is the essential act by which
Judgments in
the
actions for 1) injunction, 2) receivership, 3)
property is set apart for the satisfaction of
accounting and
judgment
4) support, and such other judgments as are
(Government vs. Echaus, 71 Phil. 318; Vda de
now or may
Quiambao vs. Manila Motor, 3 SCRA 444).
hereafter be declared to be immediately
executory, shall be

May the running of the five-year period be

enforceable after their rendition and shall not of the judgment obligation, and the officer
be stayed by an making the sale shall account to

appeal taken therefrom, unless otherwise the corresponding executor or administrator for
ordered by the trial any surplus in his hands

court. On appeal therefrom, the appellate court (Section 7[c], Rule 39).
in its discretion

may make an order suspending, modifying,

How to execute a money judgment?
restoring or granting

the injunction, receivership, accounting, or

award of support. The officer shall enforce an execution of a
judgment for money be

demanding from the judgment obligor the

How is execution effected if the obligee or
immediate payment of the
judgment obligor dies?
full amount stated in the writ of execution and
all lawful fees. Judgment

In case of the death of the judgment obligee, obligor shall pay in cash or certified check. It
upon the application of his shall be paid directly to

executor or administrator, or successor in the judgment oblige or his representative. If not

interest (Section 7[a], Rule available, to the

39). executing sheriff. (Section 9[a], Rule 39).

In case of the death of the judgment obligor, If the cash payment is not sufficient, then the
against his executor or sheriff shall levy any

administrator or successor in interest, if the properties which may be disposed of for value,
judgment be for the recovery except properties

of real or personal property, or the exempt from execution. The judgment obligor
enforcement of a lien thereon has the right to choose

(Section 7[b], Rule 39). what properties to be levied sufficient to satisfy

the judgment. If the

obligor did not choose, the officer shall levy

In case of the death of the judgment obligor,
personal property first
after execution is actually
that are sufficient to satisfy the judgment, then
levied upon any of his property, the same may
the real properties
be sold for the satisfaction
(Section 9[a], Rule 39).
 How is garnishment effected?

How to execute a money judgment?

If not, the report shall state how much funds or

credits
The officer may levy on debts due the
the garnishee holds for the judgment obligor.
judgment obligor and other credits, including
The
bank deposits, financial interests, royalties,
garnished amount in cash, or certified bank
commissions and other personal property not check

capable of manual delivery in the possession issued in the name of the judgment obligee,
shall be
or control of third parties.
delivered directly to the judgment obligee
within ten
This is garnishment (Section 9[c], Rule 39). (10) working days from service of notice on said

garnishee requiring such delivery, except the

How is garnishment effected? lawful

fees which shall be paid directly to the court

(Section
1) By serving notice upon the person owing
such 9[c], Rule 39).

debts or having in his possession or control such

credits to which the judgment obligor is Execution of money judgment, simplified:

entitled.

Sec. 9, Rule 39
2) The garnishee shall make a written report to
the
Please take NOTE:
court within five (5) days from service of the
notice

of garnishment stating whether or not the It is not proper for the sheriff to immediately

judgment obligor has sufficient funds or credits levy the property of the judgment debtor. He
to
must first make a demand to pay. Only when
satisfy the amount of the judgment.(Section the
9[c],
judgment debtor does not pay, after demand
Rule 39). that

the sheriff is authorized to levy the properties of

the judgment debtor (Leachon vs. Pascua, such property, describing it, and

A.M. No. P-11-2972, September 28, 2011). apply the proceeds in conformity

with the judgment. (Section 10 [b],

How is specific act executed? Rule 39).

If a judgment directs a party to execute a How is delivery of delivery or

conveyance of land or
restitution of real property
personal property, or to deliver deeds or other
executed?
documents, or

to perform any other specific act in connection

therewith, and the The officer shall demand of the person against
whom the
party fails to comply within the time specified,
the court may direct the judgment for the delivery or restitution of real
property is
act to be done at the cost of the disobedient
party by some other rendered and all persons claiming rights under
him to peaceably
person appointed by the court and the act
when so done shall have like vacate the property within three (3) working
days, and restore
effects as if done by the party. If real or
personal property is situated possession thereof to the judgment obligee;
otherwise, the officer
within the Philippines, the court in lieu of
directing a conveyance shall oust all such persons therefrom with the
assistance, if
thereof may by an order divesting the title of
any party and vest necessary, of appropriate peace officers, and
employing such
it in others, which shall have the force and
effect of a conveyance means as may be reasonably necessary to
retake possession, and
executed in due form of law (Section 10 [a],
Rule 39). place the judgment obligee in possession of
such property.

(Section 10 [c], Rule 39).

How is sale of personal or real

property executed?
How is removal of improvements on

property subject of execution enforced?

If the judgment be for the sale of

real or personal property, to sell

The officer shall not destroy, demolish or manner disturb the possession of the judgment
creditor,
remove said improvements except upon
then and only then may he be punished for
special order of the court, issued upon
contempt
motion of the judgment obligee after due
(Pascua vs. Heirs of Segundo Simeon, 161 SCRA
hearing and after the former has failed to
1, 5).
remove the same within a reasonable time

fixed by the court (Section 10 [d], Rule

What is the effect of levy on
39).
execution to third person?

How is delivery of personal

The levy on execution shall create a lien in
property executed?
favor of the judgment obligee over the right,

title and interest of the judgment obligor in

In judgments for the delivery of personal
such property at the time of the levy, subject
property, the officer shall take possession of
to liens and encumbrances then existing.
the same and forthwith deliver it to the party
(Section 12, Rule 12).
entitled thereto and satisfy any judgment for

money as therein provided (Section 10 [e],

What are properties not subject to
Rule 39).
execution?

Is contempt a proper remedy in case the

(a)
judgment obligor refuse to vacate
The judgment obligor's family home as provided
the property? by law, or the

homestead in which he resides, and land

necessarily used in
No. what the sheriff should do is to dispossess
him of the connection

property and if after dispossession, the therewith;

judgment debtor

should execute acts of ownership or possession

(b)
or in any
Ordinary tools and implements personally used
by him in his trade,
(g)
employment, or livelihood;
The professional libraries and equipment of
judges, lawyers, physicians,

(c) pharmacists, dentists, engineers, surveyors,

clergymen, teachers, and
Three horses, or three cows, or three carabaos,
or other beasts of other professionals, not exceeding three
thousand pesos in value;
burden, such as the judgment obligor may
select necessarily used by

him in his (h)

ordinary occupation; One fishing boat and accessories not exceeding

the total value of one

hundred thousand pesos owned by a fisherman

(d)
and by the lawful use of
His necessary clothing and articles for ordinary
which he earns his livelihood;
personal use,

excluding jewelry;
What are properties not subject to

execution?
What are properties not subject to

execution?
(i)

So much of the salaries, wages, or earnings of

(e)
the judgment obligor for
Household furniture and utensils necessary for
his personal services within the four months
housekeeping, and used
preceding the levy as are
for that purpose by the judgment obligor and
necessary for the support of his family;
his family, such as the

judgment obligor may select, of a value not

exceeding one hundred (j)

thousand pesos; Lettered gravestones;

(f) (k)

Provisions for individual or family use sufficient Monies, benefits, privileges, or annuities
for four months; accruing or in any manner
growing out of any life insurance; claiming a property levied upon may execute an

affidavit of his title or right of possession over

the
(l)
property. The affidavit shall be served upon the
The right to receive legal support, or money or
property obtained as officer making a levy and a copy thereof must
also
such support, or any pension or gratuity from
the Government; be served upon the judgment oblige (Section
16,

Rule 39). This remedy of the claiming party is

(m)Properties specially exempted by law.
called

TERCERIA.
What is the procedure if the property of

third party is levied?

What is the procedure if the property of

third party is levied?

Basic principle: the execution may issue only
upon
After receipt of the affidavit of claim, what
a person who is a party to the action or
should the sheriff
proceeding,
do?
and not against one who did not have his day in

court (Philippine Coconut Federation, Inc., vs.

The officer shall not be bound to keep the
Republic, October 16, 2016).
property, unless such

judgment obligee, on demand of the officer,

Thus, the property not owned by the judgment files a bond

debtor or by one not a party to the case should approved by the court to indemnify the third-
not party claimant in a

be levied. sum not less than the value of the property

levied on. The

officer shall not be liable for damages for the

What is the procedure if the property of taking or keeping
third party is levied? of the property, to any third-party claimant if
such bond is filed.

Under the Rules, a person not a party to the (Section 16, Rule 39).
action,
Suppose damage was incurred by the third third-party claimant who filed a frivolous

party on account of officer’s taking and keeping or plainly spurious claim (Section 16,

of his property, when should the action against Rule 39).

the bond be filed?

Examination of Judgment Obligor When

The action should be filed within one hundred Judgment Unsatisfied

twenty

(120) days from the date of the filing of the

When the return of a writ of execution issued
bond. Under
against
Section 16, Rule 39, it is provided that No claim
property of a judgment obligor, or any one of
for
several obligors
damages for the taking or keeping of the
in the same judgment, shows that the judgment
property may be
remains
enforced against the bond unless the action
unsatisfied, in whole or in part, the judgment
therefor is
obligee, at any
filed within one hundred twenty (120) days
time after such return is made, shall be entitled
from the date
to an
of the filing of the bond.
order from the court which rendered the said

judgment, requiring such judgment obligor to

What are the remedies of a third party in appear

case his property is levied? and be examined concerning his property and
income

before such court or before a commissioner

Ching vs. CA,
appointed by it,
423 SCRA 356
at a specified time and place; and proceedings
may thereupon

What is the remedy of the judgment be had for the application of the property and
income of the
obligee in case the claim of the third party
judgment obligor towards the satisfaction of the
is frivolous? judgment

(Sec. 36, Rule 39).

The judgment obligee may claim damages

in the same or a separate action against a Examination of Obligor of Judgment

Obligor

Civil Cases

When the return of a writ of execution against

the property
All cases of forcible entry and unlawful detainer,
of a judgment obligor shows that the judgment
irrespective of the amount of damages or
remains
unpaid rentals
unsatisfied, in whole or in part, and upon proof
sought to be recovered. Where attorney's fees
to the
are
satisfaction of the court which issued the writ,
awarded, the same shall not exceed twenty
that a person,
thousand
corporation, or other juridical entity has
pesos (P20,000.00).
property of such

judgment obligor or is indebted to him, the

court may, by an All other civil cases, except probate
proceedings, where
order, require such person, corporation, or
other juridical the total amount of the plaintiff's claim does
not exceed
entity, or any officer or member thereof, to
appear before (P200,000.00), exclusive of interest and costs.
the court or a commissioner appointed by it, at
a time and
Rules of Procedure for Small Claims
place within the province or city where such
debtor resides

or is found, and be examined concerning the Rules of Procedure for Small Claims
same. (Sec. 37,

Rule 39). Claim and demand from:

RULES ON SUMMARY PROCEDURE Money owed under the following:

Rationale for Promulgation of the Rule 1.

Contract of Lease;
Applicability

2.
Scope
Contract of Loan;

Please take NOTE:

3.

Contract of Services; SECTION 2.

Determination of applicability. — Upon

4. the filing of a civil or criminal action, the court

shall issue
Contract of Sale; or
an order declaring whether or not the case shall
be
5.
governed by this Rule.
Contract of Mortgage;

A patently erroneous determination to avoid

For liquidated damages arising from contract the

application of the Rule on Summary Procedure

is a
Enforcement of Barangay amicable settlement
or arbitration ground for disciplinary action (RRSP).

award under the Local Government Code

(Section 5, 2016
CIVIL CASE
Revised Rule of Procedure For Small Claims)

What are the pleading allowed?

Where the RRSP does not apply

Section 3 (A)
This Rule shall not apply to a civil case where

the plaintiff's cause of action is pleaded in the

Please take NOTE:
same complaint with another cause of action

subject to the ordinary procedure; nor to a

Section 3(B)
criminal case where the offense charged is

necessarily related to another criminal case

What is the duty of the Court after
subject to the ordinary procedure (Section 1,
determining that a case falls under summary
RRSP).
procedure?
 an Answer?

After the court determines that the case falls

under
Should the defendant fail to answer the
summary procedure, it may, from an complaint
examination of the
within the period above provided, the court,
allegations therein and such evidence as may be motu
attached
proprio, or on motion of the plaintiff, shall
thereto, dismiss the case outright on any of the render
grounds
judgment as may be warranted by the facts
apparent therefrom for the dismissal of a civil alleged in
action.
the complaint and limited to what is prayed for

therein: Provided, however, that the court may

If no ground for dismissal is found it shall in its
forthwith issue
discretion reduce the amount of damages and
summons which shall state that the summary
attorney's fees claimed for being excessive or
procedure
otherwise unconscionable (Section 6, RRSP).
under this Rule shall apply (Section 4, RRSP).

Alconera vs. Malajucon, A.M. MTJ-00-1313,

Within what period should defendant file
April 25, 2007
his answer?

The rules are unequivocal as to what a judge

Is the answer of the defendant subject to
who is hearing a
omnibus motion rule?
summary proceeding is supposed to do when
the defendant

What is the effect if counterclaim and fails to file his answer within the reglementary
period. The
cross are not pleaded in the Answer?
word "shall" indicates that the act of rendering
judgment is
Within what period should answer to
mandatory and not discretionary upon him. The
counter or cross-claim be filed? same specific

requirement can be found in the rule on

Forcible Entry and
What is the effect if defendant did not file
Unlawful Detainer proceedings. Highlighting the Luna vs Mirafuente, A.M. No.
absence of
MTJ-05-1610, September 26, 2006
discretion is the fact that in the proviso, the
judge is given
The word "shall" in the above-quoted sections
discretion as to the amount of damages he is
of the
allowed to
1991 Revised Rule on Summary Procedure
impose. It was therefore not within
underscores
respondent's authority to
their mandatory character. Giving the
accept defendant Labao's late answer.
provisions a

directory application would subvert the nature

Fairland Knitcraft Co., vs. Po, GR No. of the

217694, January 27, 2016 Rule and defeat its objective of expediting the

adjudication of the suits covered thereby. To

admit a late
Section 6 is clear that in case the defendant
failed to file his answer is to put a premium on dilatory
maneuvers —
answer, the court shall render judgment, either
motu proprio the very mischief that the Rule seeks to redress.

or upon plaintiff's motion, based solely on the

facts alleged in
When should preliminary conference
the complaint and limited to what is prayed for.
scheduled?
The failure of

the defendant to timely file his answer and to

controvert the Not later than thirty (30) days after the last
claim against him constitutes his acquiescence answer is filed, a preliminary conference shall
to every
be held. The rules on pre-trial in ordinary
allegation stated in the complaint. Logically,
there is cases shall be applicable to the preliminary

nothing to be done in this situation except to conference unless inconsistent with the
render provisions of this Rule (Section 7, RRSP).
judgment as may be warranted by the facts
alleged in
What is the effect of failure of the parties
the complaint.
to appear during PC?
Section 7, RRSP (respondent herein) to appear at the
preliminary conference.

What is the effect if the defendant did not

The word "shall" used in the above cited
appear?
provision makes

the appearance of the parties mandatory. The

If a sole defendant shall fail to appear, the Court
plaintiff
excuses the non-appearance only in cases
shall be entitled to judgment in accordance with where there is a

Section 6 hereof. This Rule shall not apply justifiable cause offered for the failure to
where attend.

one of two or more defendants sued under a

common cause of action who had pleaded a What should the Court do after

common defense shall appear at the termination of PC?

preliminary

conference (Section 7, RRSP).

What are the matters that should be

taken up during PC?

Five Star Marketing vs. Booc, GR No.

143331, October 5, 2007

a)

Whether the parties have arrived at an

Applying the foregoing provisions, the MTCC amicable settlement,
was indeed
and
empowered to decide the case on the basis of
if so, the terms thereof;
the complaint

filed by the petitioner. The Court once

pronounced in the b)

case of Tubiano v. Razo that the MTC and the The stipulations or admissions entered into by
RTC were the parties;

correct in declaring the decision submitted for

decision based
c)
solely on the complaint, upon failure of the
Whether, on the basis of the pleadings and the
petitioner
stipulations and
admissions made by the parties, judgment may
be rendered
Please take NOTE:
without the need of further proceedings, in
which event the
Should the court find it necessary to clarify
judgment shall be rendered within thirty (30)
certain
days from
material facts, it may, during the said period,
issuance of the order;
issue

an order specifying the matters to be clarified,

d) and

A clear specification of material facts which require the parties to submit affidavits or other
remain
evidence on the said matters within ten (10)
controverted; and days

from receipt of said order. Judgment shall be

e) rendered within fifteen (15) days after the

receipt
Such other matters intended to expedite the
disposition of the of the last clarificatory affidavits, or the
expiration
case (Section 8, RRSP).
of the period for filing the same.

When should position paper of the parties

BUT:
be submitted?

RULES OF PROCEDURE ON SMALL

Within ten (10) days from receipt of the order
CLAIMS
mentioned in the next preceding section, the

parties shall submit the affidavits of their

Rules of Procedure for Small Claims
witnesses and other evidence on the factual

issues defined in the order, together with their

Rules of Procedure for Small Claims
position papers setting forth the law and the

facts relied upon by them (Section 9, RRSP).

Claim and demand from:

When should judgment be rendered?

Money owed under the following:
 accompanied by a Certification Against Forum
Shopping,
1.
Splitting a Single Cause of Action, and
Contract of Lease;
Multiplicity of Suits, and

two (2) duly certified photocopies of the

2. actionable

Contract of Loan; document/s subject of the claim, as well as the

affidavits of

witnesses and other evidence to support the

3. claim. No
Contract of Services; evidence shall be allowed during the hearing
which was not

4. attached to or submitted together with the

Statement of
Contract of Sale; or
Claim, unless good cause is shown for the
admission of
5. additional evidence (Section 6).
Contract of Mortgage;

Commencement of Small Claims Action

For liquidated damages arising from contract

The plaintiff must state in the Statement of

Enforcement of Barangay amicable settlement Claims if
or arbitration he/she/it is engaged in the business of lending,
award under the Local Government Code banking
(Section 5, 2016 and similar activities, and the number of small
Revised Rule of Procedure For Small Claims) claims

cases filed within the calendar year regardless

of judicial
Commencement of Small Claims Action
station.

A small claims action is commenced by filing

with the court No formal pleading, other than the Statement
of Claim/s
an accomplished and verified Statement of
Claim in duplicate, described in this Rule, is necessary to initiate a
small
claims action. After the court determines that the case falls
under these

Rules, it may, from an examination of the

Non-submission of affidavits may lead to
allegations of the
dismissal
Statement of Claim/s and such evidence
of claim(Section 6).
attached thereto, by

itself, dismiss the case outright on any of the

Venue grounds for the

dismissal of the case. The order of dismissal

shall state if it is
The regular rules on venue shall apply.
with or without prejudice.

However, if the plaintiff is engaged in the

If, during the hearing, the court is able to
business of lending, banking and similar determine that
activities, and has a branch within the there exists a ground for dismissal of the
municipality or city where the defendant Statement of

resides, the Statement of Claim/s shall be Claim/s, the court may, by itself, dismiss the
case even if such
filed where that branch is located (Section
ground is not pleaded in the defendant's
7). Response (Section

11).
Joinder of Claims

Dismissal of Claims
Plaintiff may join in a single statement of

claim one or more separate small claims If plaintiff misrepresents that he/she/it is not
against a defendant provided that the engaged in the

total amount claimed, exclusive of business of banking, lending or similar activities

when in fact
interest and costs, does not exceed
he/she/it is so engaged, the Statement of
PHP400,000 (Section 8). Claim/s shall be dismissed

with prejudice and plaintiff shall be meted the

appropriate
Dismissal of Claims
sanctions, such as direct contempt.
 Should the defendant fail to file his/her/its
Response within
However, if the case does not fall under this
Rule, but falls under the required period but appears on the date set
for hearing,
summary or regular procedure, the case shall
not be dismissed. the court shall ascertain what defense he/she/it
has to offer
Instead, the case shall be re-docketed under the
appropriate which shall constitute his/her/its Response, and
proceed to
procedure, and returned to the court where it
was assigned, hear or adjudicate the case on the same day as
if a Response
subject to payment of any deficiency in the
applicable regular rate has been filed (Section 14).

of filing fees. If a case is filed under the regular

or summary
Matters to be considered:
procedure, but actually falls under this Rule, the
case shall be
If at the time the action is commenced, the
referred to the Executive Judge for appropriate
defendant
assignment
possesses a claim against the plaintiff that (a) is
(Section 11).
within the

coverage of this Rule, exclusive of interest and

Procedure costs; (b)

arises out of the same transaction or event that

is the
Matters to be considered:
subject matter of the plaintiff's claim; (c) does
not
Should the defendant fail to file his/her/its
require for its adjudication the joinder of third
Response within
parties;
the required period, and likewise fail to appear
and (d) is not the subject of another pending
on the date
action, the
set for hearing, the court shall render judgment
claim shall be filed as a counterclaim in the
on the same
Response;
day, as may be warranted by the facts alleged in
otherwise, the defendant shall be barred from
the
suing on
Statement of Claim/s.
the counterclaim. (Section 14).
Matters to be considered: Petition for relief from

judgment;

The defendant may also elect to file a

counterclaim
(e)
against the plaintiff that does not arise out of
Motion for extension of time
the same
to file pleadings, affidavits, or
transaction or occurrence, provided that the
amount and any
nature thereof are within the coverage of this other paper;
Rule and

the prescribed docket and other legal fees are

paid. (f)

(Section 14). Memoranda;

Prohibited Pleadings and Motions (g)

Petition for certiorari,

(a) mandamus, or prohibition

Motion to dismiss the against

Statement of Claim/s; any interlocutory

order issued by

(b) the court;

Motion for a bill of

particulars; (h)

Motion to declare the

(c) defendant in default;

Motion for new trial, or for

reconsideration of a judgment, (i)

or for reopening of trial; Dilatory motions for

postponement;

(d)
(j)
Reply and rejoinder; Failure of both parties to appear shall cause the
dismissal with

prejudice of both the Statement of Claim/s and

(k)
the
Third-party complaints; and
counterclaim (Section 20).

(l)
Decision
Interventions.

After the hearing, the court shall render its

(Section 16) decision

based on the facts established by the evidence

(Form
Effect of Non-Appearance of Parties
11-SCC), within twenty-four (24) hours from

termination of the hearing. The decision shall

Failure of the plaintiff to appear shall be cause
for the immediately be entered by the Clerk of Court in
the
dismissal of the Statement of Claim/s without
prejudice. The court docket for civil cases and a copy thereof
forthwith
defendant who appears in the absence of the
plaintiff shall be served on the parties.

entitled to judgment on a permissive

counterclaim.
The decision shall be final, executory and
unappealable

Failure of the defendant to appear shall have (Section 24).

the same effect

as failure to file a Response under Section 14 of

ALTERNATIVE DISPUTE
this Rule.
RESOLUTION
This shall not apply where one of two or more
defendants

who are sued under a common cause of action COURT ANNEX MEDIATION
and have
2020 Guidelines for the Conduct of
pleaded a common defense appears at the
Court Annexed Mediation and Judicial
hearing.
Dispute Resolution in Civil Case
A.M. No. 19-10-20-SC

Any ground for legal separation

What is the coverage of CAM?

Future support

All civil cases

Jurisdiction of courts

All Special civil actions, except Rule 63, 64, 65,

and 71
Future legitime

Special Proceedings cases for settlement of

What are cases not subject to compromise?
estate where

the dispute involved claims against the estate or

B) Habeas corpus
distribution of estate

C) Special proceedings for probate of the will

Intellectual property cases

D) Cases pending with applications for

Commercial or intra-corporate dispute
restraining

order or
Environmental cases
preliminary injunction.

Civil cases covered by Summary Procedure

PLEASE TAKE NOTE:

What are cases not subject to compromise?

In cases covered under paragraphs (a) and (b)
where the

A) Civil cases which cannot be compromised: parties inform the court that they have agreed
to undergo

mediation on some other other aspect thereof,

Civil status of persons
e.g. custody,

of minor children, separation of property, or

The validity of marriage or legal separation support
pendente lite, the court shall refer them to "Alternative Dispute Resolution System" means
mediation. any

process or procedure used to resolve a dispute

or
Procedure for Court Annexed Mediation
controversy, other than by adjudication of a
(with settlement)
presiding

judge of a court or an officer of a government

Procedure for Court Annexed Mediation agency, as

(without settlement) defined in this Act, in which a neutral third party

participates to assist in the resolution of issues,

which
Procedure in JDR
includes arbitration, mediation, conciliation,
(with settlement) early neutral

evaluation, mini-trial, or any combination

Procedure in JDR thereof

(without settlement) (Section 3, RA 9285, ADR Law);

Matters to Remember in CAM and JDR State policy on ADR

Concept of ADR State is to actively promote party autonomy in

the resolution of

disputes or the freedom of the parties to make

It is a system using means and methods their own
allowed by law and approved by the parties, arrangements to resolve their disputes (Section
for the purpose of resolving or facilitating the 2, ADR Law).

resolution of disputes and controversies

between them, in an expeditious and speedy Alternative dispute resolution methods or ADRs
— like
manner, without resorting to court
arbitration, mediation, negotiation and
adjudication (Robeniol, ADR, 2015, p. 9). conciliation — are

encouraged by the Supreme Court. By enabling

parties to resolve
ADR, defined under the law
their disputes amicably, they provide solutions
that are less
time-consuming, less tedious, less “Conciliation” – is the adjustment and
confrontational, and more settlement of a

productive of goodwill and lasting relationships dispute in a friendly, untagonistic manner

(Insular vs. Far (Black’s Law

East Bank and Trust Co, G.R. No. 141818, June Dictionary).
22,

2006).
“Neutral Evaluation” – means an ADR process

wherein parties and their lawyers are brought

Forms of ADR together

early in a pre-trial phase to present summaries

of their
“Arbitration” – means a voluntary dispute
resolution cases and receive a non-binding assessment by
an
process in which one or more arbitrators,
appointed in experienced, neutral person, with expertise in
the subject
accordance with the agreement of the parties,
or rules in the substance of the dispute (Section 3(n),
ADR
promulgated pursuant to this Act, resolve a
dispute by Law).

rendering an award (Section 3(d), ADR Law).

Forms of ADR

“Mediation” – it is a means a voluntary process

in which a
“Mini-trial” – means a structured dispute
mediator, selected by the disputing parties, resolution
facilitates
method in which the merits of a case are argued
communication and negotiation, and assists the before a
parties in
panel comprising senior decision makers with or
reaching a voluntary agreement regarding a without
dispute (Section
the presence of a neutral third person after
3(q), ADR Law). which the

parties seek a negotiated settlement (Section

3(u), ADR
Forms of ADR
Law).
“Court-Annexed Mediation” – means any the arbitration agreement relates to more than
mediation one country

process conducted under the auspices of the (Article 1.6, C(8), IRR of ADR Law).
court, after

such court has acquired jurisdiction of the

International Arbitration
dispute

(Section 3(l), ADR Law).

Domestic Arbitration

ARBITRATION
Domestic Arbitration

Kinds of Arbitration
International Commercial Arbitration

International Arbitration
Foreign Arbitration

The parties’ places of business, at the time of

the conclusion of What brings about arbitration?
that agreement, are in in different states;

Arbitration agreement vs. Submission

The place of arbitration provided in the Agreement
arbitration agreement

and the parties’ place of business are outside of

the Philippines. There is arbitration agreement is when the
parties to

any contract agree to settle by arbitration a

The place where a substantial part of the controversy
obligations of the is
thereafter arsing between them.
to be performed or the place with the subject
matter of the

dispute is most closely connected, is outside of There is submission agreement when two or
the Philippines. more

persons or parties submit to the arbitration of

one or
The parties have expressly agreed that the
subject matter of more arbitrators any controversy existing
between them
at the time of the submission. Termination of Mandate of

Arbitrator;

Special Rules of Court on ADR

(A.M. No. 07-11-08-SC, September 1, g.

2009) Assistance in Taking Evidence;

What are the subject matters of the h.

Rules? Confirmation, Correction or

Vacation of Award in Domestic

a. Arbitration;

Relief on the issue of Existence,

Validity, or Enforceability of the i.

Arbitration Agreement; Recognition and Enforcement or

Setting Aside of an Award in

b. International Commercial

Referral to Alternative Dispute Arbitration;

Resolution ("ADR");

j.

c. Recognition and Enforcement of

Interim Measures of Protection; a

Foreign Arbitral Award;

d.

Appointment of Arbitrator; k.

Confidentiality/Protective

e. Orders;

Challenge to Appointment of

Arbitrator; l.

Deposit and Enforcement of

f. Mediated Settlement
Agreements. Appointment

of Arbitrator;

What is the nature of the proceedings

under the Rules? f.

Termination of Mandate

Enumerate the cases which are summary. of

Arbitrator;

a.

Judicial Relief Involving g.

the Assistance in Taking

Issue of Existence, Evidence;

Validity or

Enforceability h.

of the Arbitration Confidentiality/Protective

Agreement; Orders; and

b. i.

Referral to ADR; Deposit and Enforcement

of Mediated Settlement

c. Agreements.

Interim Measures of

Protection; Rule 1.1, SRCADR

d. Are there cases under the Rules which are

Appointment of not summary?

Arbitrator;

A.

e. Confirmation, Correction or Vacation of Award

in
Challenge to
Domestic Arbitration; parte

temporary order of protection has been issued;

B.

Recognition and Enforcement or Setting Aside f.

of an
Rejoinder to reply;
Award in International Commercial Arbitration;

g.
C.
Motion to declare a party in default; and
Recognition and Enforcement of a Foreign
Arbitral
h.
Award
Any other pleading specifically disallowed under
any
What are the prohibited submission under
provision of the Special ADR Rules (Rule 1.6)
the Rules?

Judicial Relief Involving the Issue of

a.
Existence, Validity and Enforceability
Motion to dismiss;
of the Arbitration Agreement

b.
Who May File Petition?
Motion for bill of particulars;

Any party to an arbitration agreement may

c.
petition the appropriate court to determine
Motion for new trial or for reopening of trial;
any question concerning the existence,

validity and enforceability of such

d.
arbitration agreement serving a copy thereof
Petition for relief from judgment;
on the respondent in accordance with Rule 1.4

(A). (Rule 1.6).

e.

Motion for extension, except in cases where an

When may the petition be filed?
ex-
 arbitration agreement is, under the applicable
law,
The petition for judicial determination of the
existence, invalid, void, unenforceable or inexistent (Rule
3.5).
validity and/or enforceability of an arbitration
agreement

may be filed at any time prior to the Procedure for the Petition

commencement of arbitration.

Matters that must be considered under

PLEASE TAKE NOTE: this Rule 3

Despite the pendency of the petition provided The court must exercise judicial restraint in
herein, accordance with the policy

arbitral proceedings may nevertheless be set forth in Rule 2.4, deferring to the
commenced competence or jurisdiction of the

and continue to the rendition of an award, arbitral tribunal to rule on its competence or
while the jurisdiction (Rule 3.8).

issue is pending before the court (Rule 3.3).

A prima facie determination by the court

upholding the existence,
What is the venue?
validity or enforceability of an arbitration
agreement shall not be subject
A petition questioning the existence, validity
to a motion for reconsideration, appeal or
and enforceability of an arbitration agreement certiorari (Rule 3.11).

may be filed before the Regional Trial Court

of the place where any of the petitioners or Such prima facie determination will not,
however, prejudice the right of
respondents has his principal place of
any party to raise the issue of the existence,
business or residence (Rule 3.4). validity and enforceability of

the arbitration agreement before the arbitral

What are the grounds? tribunal or the court in an

action to vacate or set aside the arbitral award

(Rule 3.11).
A petition may be granted only if it is shown
that the
Interim Measures of Protection What are the grounds which the court may

(Rule 5) consider in grating interim protection?

Who may ask for interim measures of The following grounds, while not limiting the
reasons for the
protection?
court to grant an interim measure of protection,
indicate the
When petition may be filed?
nature of the reasons that the court shall
consider in granting

A petition for an interim measure of protection the relief:

may be

made:
a.

The need to prevent irreparable loss or injury;

a)

Before arbitration is commenced,

b.

The need to provide security for the

b) performance of

After arbitration is commenced, but before the any

constitution of the arbitral tribunal, or obligation;

c) c.

After the constitution of the arbitral tribunal The need to produce or preserve evidence; or
and at

any time during arbitral proceedings but, at this

d.
stage,
The need to compel any other appropriate act
only
or
to the extent that the arbitral tribunal has no
omission (Rule. 5.4).
power to

act or is unable to act effectively (Rule

What interim protection may be granted?
5.2).
a. In case there is an urgent need to either:

Preliminary injunction directed against a party

to
a) preserve property
arbitration;

b) prevent the respondent from disposing of, or

b. concealing, the

Preliminary attachment against property or property

garnishment

of funds in the custody of a bank or a third

c) prevent the relief prayed for from becoming
person;
illusory because of

prior
c.
notice,
Appointment of a receiver;

It shall issue an immediately executory

d. temporary order of protection

Detention, preservation, delivery or inspection and require the petitioner, within five (5) days
of from receipt of that

property; or, order, to post a bond to answer for any damage

that respondent may

suffer as a result of its order. The ex-parte

e.
temporary order of
Assistance in the enforcement of an interim
protection shall be valid only for a period of
measure of
twenty (20) days from the
protection granted by the arbitral tribunal,
service on the party required to comply with
which the
the order.(Rule 5.9).
latter cannot enforce effectively (Rule 5.6).

What should the court do after it issued

Procedure for application of interim relief?
temporary order of protection ex parte?

May the Court issue temporary order of

Rule 5.9
protection on the basis of the petition?

How may the respondent lift the

temporary order of protection? Recognition and Enforcement or

Setting Aside of an International

By positing a counter-bond as determined by Commercial Arbitration Award

the Court.
(Rule 12)

PLEASE TAKE NOTE:

Who may request recognition and

enforcement or setting aside International

If the respondent requests the court for an
Commercial Arbitration Award
extension of

the period to file his opposition or comment or

to reset When may petition to recognize and enforce
the hearing to a later date, and such request is international commercial arbitration
granted,
award be filed?
the court shall extend the period of validity of
the

ex-parte temporary order of protection for no The petition for enforcement and recognition of
more an

than twenty days from expiration of the original arbitral award may be filed anytime from
period receipt of the

(Rule 5.9). award. If, however, a timely petition to set aside

an

arbitral award is filed, the opposing party must

Reliefs from the Court action file

therein and in opposition thereto the petition

for
If respondent was given an opportunity to be
recognition and enforcement of the same
heard on a petition for an interim measure of
award within
protection, any order by the court shall be
the period for filing an opposition (Rule 12.2).
immediately executory, but may be the

subject of a motion for reconsideration

When may petition for petition to set aside
and/or appeal or, if warranted, a petition for
international commercial arbitration
certiorari (Rule 5.10).
award be filed
The petition to set aside an arbitral award may
only be
What are the grounds to set aside or resist
filed within three (3) months from the time the
enforcement of international commercial
petitioner receives a copy thereof. If a timely arbitration
request is
award ?
made with the arbitral tribunal for correction,

interpretation or additional award, the three (3)

A) party to the arbitration agreement was under
month
some
period shall be counted from the time the
incapacity, or the said agreement is not valid
petitioner
under
receives the resolution by the arbitral tribunal
the
of that
law to which the parties have subjected it or,
request.(Rule 12.2).
failing any

indication thereof, under Philippine law.

What is the venue for these petitions?

B).
A petition to recognize and enforce or set aside
an The party making the application to set aside or
resist
arbitral award may, at the option of the
petitioner, be enforcement was not given proper notice of the
filed with the Regional Trial Court: (a) where appointment of an arbitrator or of the arbitral
arbitration
proceedings or was otherwise unable to present
proceedings were conducted; (b) where any of his
the assets
case (Rule 12.4).
to be attached or levied upon is located; (c)
where the

act to be enjoined will be or is being performed; What are the grounds to set aside or resist
(d) enforcement of international commercial
where any of the parties to arbitration resides arbitration
or has its award ?
place of business; or (e) in the National Capital
Judicial
C) The award deals with a dispute not
Region.(Rule 12.3). contemplated by or
not falling within the terms of the submission to parties

arbitration, or contains decisions on matters cannot derogate, or, failing such agreement,
beyond the was

scope of the submission to arbitration; provided not in

that, if
accordance with Philippine law. (Rule 12.4).
the

decisions on matters submitted to arbitration

What are other grounds?
can be

separated from those not so submitted, only

that part of a)
the award which contains decisions on matters The subject-matter of the dispute is not capable
not of
submitted to arbitration may be set aside or settlement by arbitration under the law of the
only that
Philippines; or
part

of the award which contains decisions on

matters b)

submitted The recognition or enforcement of the award

to arbitration may be enforced. (Rule 12.4). would

be contrary to public policy.(Rule 12.4).

What are the grounds to set aside or resist

enforcement of international commercial PLEASE TAKE NOTE:

arbitration

award ? Recourse to a court against an arbitral award

shall

D) The composition of the arbitral tribunal or be made only through a petition to set aside the
the arbitral arbitral award and on grounds prescribed by the
procedure was not in accordance with the law that governs international commercial
agreement
arbitration. Any other recourse from the arbitral
of the parties, unless such agreement was in
conflict award, such as by appeal or petition for review
or
with a provision of Philippine law from which
the petition for certiorari or otherwise, shall be
dismissed by the court (Rule 12.5). attached or levied upon is located, (b) where
the act to

be enjoined is being performed, (c) in the

Procedure under Rule 12
principal place

of business in the Philippines of any of the

Presumption in Favor of Confirmation parties, (d) if

any of the parties is an individual, where any of

those
It is presumed that an arbitral award was made
individuals resides, or (e) in the National Capital
and released in due course and is subject to Judicial
enforcement by the court, unless the adverse Region (Rule 13.3).
party is able to establish a ground for setting

aside or not enforcing an arbitral award Governing Law

(Rule12.12)

The recognition and enforcement of a foreign

Recognition and Enforcement of a arbitral

Foreign Arbitral Award award shall be governed by the 1958 New York

Convention on the Recognition and

Enforcement of
Who May Request Recognition and
Foreign Arbitral Awards (the "New York
Enforcement Convention")

and this Rule. The court may, upon grounds of

When to file the Petition comity

and reciprocity, recognize and enforce a foreign

arbitral
Venue
award made in a country that is not a signatory
to the
The petition to recognize and enforce a foreign New York Convention as if it were a Convention
arbitral Award
award shall be filed, at the option of the (Rule 13.4).
petitioner, with

the Regional Trial Court (a) where the assets to

be Grounds to Refuse Recognition and

Enforcement
 the decisions on matters submitted to
arbitration can be
(i).
separated from those not so submitted, only
A party to the arbitration agreement was under
that part of
some
the award which contains decisions on matters
incapacity; or the said agreement is not valid
not
under the
submitted to arbitration may be set aside; (Rule
law to which the parties have subjected it or,
13.4).
failing any

indication thereof, under the law of the country

where Grounds to Refuse Recognition and

the award was made; or Enforcement

(ii). (iv). The composition of the arbitral tribunal or

the
The party making the application was not given
arbitral procedure was not in accordance with
proper notice of the appointment of an
the
arbitrator or of
agreement of the parties or, failing such
the arbitral proceedings or was otherwise
agreement, was
unable to
not in accordance with the law of the country
present his case; (Rule 13.4).
where

arbitration took place;

Grounds to Refuse Recognition and

Enforcement
(v).

The award has not yet become binding on the

(iii). parties

The award deals with a dispute not or has been set aside or suspended by a court of
contemplated the

by or not falling within the terms of the country in which that award was made (Rule
submission to 13.4).

arbitration, or contains decisions on matters

beyond the
Other grounds
scope of the submission to arbitration; provided
that, if
The courts finds:
 The decision of the court recognizing and
enforcing a
(i).
foreign arbitral award is immediately executory
The subject-matter of the dispute is not capable
(Rule
of
13.11).
settlement or resolution by arbitration under
Philippine

law; or Special Civil Action under Special

Rules of Court on ADR

(ii).

The recognition or enforcement of the award Subject matter of Special Civil Action for
would
Certiorari
be contrary to public policy (Rule 13.4).

a.
Procedure for Petition for Recognition of
Holding that the arbitration
Foreign Arbitral Award
agreement is inexistent, invalid

or
Please take NOTE:
unenforceable;

It is presumed that a foreign arbitral award was

b.
made
Reversing the arbitral tribunal's
and released in due course of arbitration and is
subject preliminary determination
to enforcement by the court. upholding its

jurisdiction;
The court shall recognize and enforce a foreign
arbitral
c.
award unless a ground to refuse recognition or
Denying the request to refer the
enforcement of the foreign arbitral award
under this rule dispute to arbitration;

is fully established.
d.
Granting or refusing an interim j.

relief; Allowing a party to enforce a

foreign

e. arbitral award pending appeal;

Denying a petition for the and

appointment of an arbitrator;

k.

f. Denying a petition for assistance in

Confirming, vacating or taking evidence.

correcting a domestic arbitral

award; Period to File the Petition

g. The petition must be filed with the Court of

Suspending the proceedings to set Appeals within fifteen (15) days from notice

aside an international commercial of the judgment, order or resolution sought

arbitral award and referring the case to be annulled or set aside.

back to the arbitral tribunal;

No extension of time to file the petition shall

h. be allowed (Rule 19.28).

Allowing a party to enforce an

international commercial arbitral Form of Petition

award pending appeal;

The petition shall be accompanied by a certified

true
i.
copy of the questioned judgment, order or
Adjourning or deferring a ruling on
resolution of
whether to set aside, recognize and
the Regional Trial Court, copies of all pleadings
or enforce an international and

commercial arbitral award; documents relevant and pertinent thereto, and

a sworn
certification of non-forum shopping as provided inquired into under Section 2 of Rule
in the
23, and the answers may be used for the
Rules of Court (Rule 19.27).
same purposes provided in Section 4 of
Rule 23
the same Rule.

There is deposition
Effect of failure to serve written
officer
interrogatories

Questions are
SECTION 6. Effect of Failure to Serve
prepared beforehand
Written Interrogatories. — Unless

thereafter allowed by the court for good cause

Party or not may be
shown and to prevent a failure of justice, a
taken
party not served with written

interrogatories may not be compelled

Rule 25
by the adverse party to give testimony in

open court, or to give a deposition pending

No deposition
appeal.
officer

Rule 26
Directed to parties
Admission by adverse party

Not applicable to
SECTION 1. Request for Admission. — At any
stranger time

after issues have been joined, a party may file

and
Scope and use of interrogatories
serve upon any other party a written request for
the
SECTION 5. Scope and Use of
admission by the latter of the genuineness of
Interrogatories. — Interrogatories any material

may relate to any matters that can be

and relevant document described in and
exhibited with

the request or of the truth of any material and

relevant

matter of fact set forth in the request. Copies of

the

documents shall be delivered with the request

unless

copies have already been furnished.